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HomeMy WebLinkAboutCC 2017-06-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes June 8, 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 June 8, 2017 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Carollo and Commissioner Suarez Absent: Commissioner Gort On the 8th day of June, 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 9:07 a.m., recessed at 12:04 p.m., reconvened at 2:29 p.m., recessed at 4:05 p.m., reconvened at 5:18 p.m., recessed at 5:20 p.m., reconvened at 5:40 p.m., recessed at 5:42 p.m., reconvened at 6:34 p.m., and adjourned at 6:36p.m. ALSO PRESENT: Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the June 8, 2017 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Wifredo Gort, Frank Carollo, Francis Suarez; Ken Russell, the Vice Chairman; and me, Keon Hardemon, the Chairman. Also on the dais are Daniel J. Alfonso, our City Manager; and Victoria Mendez, the City Attorney; including Todd Hannon, our City Clerk. The meeting will be opened with a prayer by Commissioner Suarez, and the pledge of allegiance led by Commissioner Carollo. All rise. Invocation and pledge of allegiance delivered. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 2403 -Ionoree Presenter Protocol Item Mark Richt Mayor & Comm Suarez Key to the City Stuart Sorg Mayor Regalado Memorial Tribute Kelly Ann Cosentino Mayor Regalado Proclamation Lucia Dougherty Mayor Regalado Proclamation Miami Club Rum Mayor Regalado Proclamation The Bookstore in the Grove Comm. Russell Salute Norberto Spangaro Mayor Regalado Proclamation RESULT: PRESENTED 1) Mayor Regalado and Commissioner Suarez paused in their deliberations to grant the Key to the City of Miami to Mr. Mark Richt, Head Football Coach of the University of Miami. Mr. Richt graciously accepted the Key to the City. 2) Mayor Regalado and City Commissioners paused in their deliberations of governance and paid homage to the memory of the late Stuart Sorg, who transitioned City ofMiami Page 1 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 from this life on May 18, 2017. Mr. Sorg served honorably in the U.S. Navy from 1950 to 1953, then went into banking in his native Virginia and was a founder of Virginia 's first statewide stakeholder -owned Savings and Loan. Remarkably, at the age of thirty-nine (39), after a successful banking and marketing career, he reenlisted with the Navy SEALs and went on to receive the rank of Captain and Commander of Naval Special Warfare Group SEAL Team Two. After retiring honorably once again, he became involved in local government in the City of Miami, founded and was six (6) times Chairman of the City Waterfront Advisory Board and consultant to the City of Miami for harbors, rivers and marinas. Mr. Sorg's family solemnly acknowledged the tribute. 3) Mayor Regalado presented a Proclamation to Ms. Kelly Ann Cosentino founder of the Baby Heat Stroke Institute, Inc., a 501(c)(3) corporation that was founded to bring awareness that seven hundred and five (705) infants in the United States have died of heat stroke since 1998 after being left alone in a hot car and to emphasize the fact that it is never acceptable to leave a child alone in a car given the risk of death from heat exposure. Elected Officials paid highest tribute by honoring and commending Ms. Cosentino for her many contributions to our community; and proclaimed Thursday, June 8, 2017 as "Kelly Ann Cosentino Day" and "The Baby Heat Stroke Institute Day. 4) Mayor Regalado and City Commissioners paused in their deliberations to pay highest tribute to Ms. Lucia A. Dougherty in recognition of her stellar legal career and public service which have left an imprint on the City's skyline that can be appreciated by the citizens and visitors of the City of Miami. Ms. Dougherty was appointed the first female City Attorney of the City of Miami and served until 1988, after being City Attorney for Miami Beach and Assistant City Attorney in Oklahoma City and Miami. Ms. Dougherty spearheaded the development of signature projects in the City of Miami, such as the Performing Arts Center, Perez Art Museum Miami, Phillip and Patricia Frost Museum of Science and Miami -Dade County Children's Courthouse, in addition to hundreds of private developments throughout the City. Elected Officials proclaimed Thursday, June 8, 2017 as "Lucia A. Dougherty Day." 5) Mayor Regalado and City Commissioners celebrated Miami Club Rum for its notable achievements. Miami Club Rum was born in Miami in the Wynwood Arts & Design District in 2011 and is the first distilled spirit in the history of Miami. Miami Club RumTM was unanimously awarded the 2017 Double Gold Medal and the 2017 Best White Rum in the World Prize at the prestigious San Francisco World Spirits Competition. Elected officials paused in their deliberations to pay tribute to this Miami Company for its dedication to excellence in the City of Miami and proclaimed Thursday, June 8, 2017 as `Miami Club Rum Day." 6) Vice Chair Russell recognized and presented a salute to "The Bookstore in the Grove" and commended Ms. Felice Dubin and Sandy Francis, founders of the bookstore, for their contributions to the community of the City of Miami. For over a decade, the Bookstore in the Grove has served as a haven for bookworms of all ages and backgrounds. It is truly an establishment embedded within the cultural framework of Coconut Grove. The bookstore's community involvement has lead the La Plume Young Writers' Contest, an opportunity for Miami -Dade students in grades 3 through 12 to develop short stories eligible for publishing, amongst other awards. The Bookstore in the Grove attracts both local and guest writers, musicians, poets, actors, singers and dancers. 7) Mayor Regalado and City Commissioners presented a Proclamation to Norberto Spangaro for singlehandedly developing and organizing Argentine Week in the City of Miami. This event included the participation of government entities such as the City of Miami and the City of Buenos Aires along with an array of forty-six (46) gastronomic cultural and sports events and activities. In recognition of Mr. Spangaro's successful initiative in establishing Argentine Week, an event that has enriched the fabric of our community, Elected Officials proclaimed Thursday, June 8, 2017, as "Norberto Spangaro Day." Chair Hardemon: We will now make our presentations and proclamations. Presentations and proclamations made. City of Miami Page 2 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Regular Meeting - Apr 13, 2017 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort MV - MAYORAL VETOES ORDER OF THE DAY Chair Hardemon: Is there a motion to approve the meeting minutes of April 13? Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded. Any unreadiness? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: That motion passes. 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 Chair Hardemon: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this time. Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with the related requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online on wwwmunicode.com [sic]. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the 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 today is available during business hours at the Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City City of Miami Page 3 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public may state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Anyone wishing to make an appeal of a decision at the City Commission today for any matter considered may need a verbatim record of the item. A video 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 auxiliary aids, assistance, and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda; whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items will be withdrawn, deferred, or substituted. Thank you. Chair Hardemon: Mr. Manager. Daniel J. Alfonso (City Manager): Thank you, Mr. Chairman. Good morning, Commissioners. Commissioner Suarez: Good morning. Mr. Alfonso: We have to be deferred: PH.1 will be deferred to July 27; FR.1 will be continued to July 13; FR2, deferred to June 22; RE. I, deferred to July 27; RE.3, deferred to June 22; and RE.8, to be deferred to June 22. Ms. Mendez: And -- Chair Hardemon: Commissioner Carollo. Ms. Mendez: -- even though we can't defer it at this time, the companion item to FR.2, which is PZ.2, would also be continued. Mr. Alfonso: Correct. Commissioner Carollo: Mr. -- Chair Hardemon: You know, I want you to, if you can, Madam City Attorney, to look into that again. Like, research again whether or not we can have a simple procedural motion addressed on a PZ (Planning & Zoning) item before the 2 o'clock agenda, because the way that I would think that it would work is that if -- you can 't make any substantive changes or substantive actions on an item, but certainly, if you want to continue it to another day, you should be allowed to do that without waiting until the afternoon to make the decision. Ms. Mendez: We'll research again. Chair Hardemon: Okay. Ms. Mendez: Thank you. City of Miami Page 4 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Thank you, Mr. Chairman. Under RE.8, if we could defer it to the July meeting, as opposed to the second meeting in June? I spoke to the Mayor. Mr. Alfonso: We have no objection. Chair Hardemon: Are there any other continuance, withdrawals, deferrals by the Commission? Is there a motion in accordance? Commissioner Suarez: Move, as amended. Commissioner Carollo: Second, as amended. Chair Hardemon: It's been properly moved and seconded. Any further discussion about it? Seeing none, all in favor, say, "aye." The Commission (Collectively): Aye. Chair Hardemon: That motion passes. City of Miami Page 5 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 PA - PERSONAL APPEARANCES PA.1 PERSONAL APPEARANCE 2182 UPDATE ON SHOTSPOTTER. Commissioners and Mayor RESULT: DISCUSSED Chair Hardemon: And I believe we have a personal appearance from the -- it's the ShotSpotter update. Good morning, Chief. Chief Rodolfo Llanes: Good morning, Commissioners. Rodolfo Llanes, Chief of Police; just like to update you on the status of ShotSpotter for 2017. Our ShotSpotter project began in March of 2015. From March of '15 to 2000 -- to March of 2016, there was 1,116 ShotSpotter events. And I'm happy to report that March 2016 to March 2017, there's 737 ShotSpotter events. From those 737, 169 events actually were scenes, for a 23 percent recovery of evidence and actionable items from the ShotSpotter. In 2000 -- in our first year, we recorded 6,504 shots that were fired; in the second year, there was 3,303 shots fired, recorded by the ShotSpotter technology. That's for multiple gunshots. And single shot -- gunshots, we had 343 incidents; and in the second year, we have 221. Again, with the ShotSpotter technology, we continue to see about a 70 percent false/positive, where officers respond and can't determine that there was an actual crime or a shooting that occurred, but on the 23 to 30 percent success rate, we have been able to recover evidence and be able to actually process a scene. As far as coverage, ShotSpotter covers four square miles of the City, which include Model City, Little Haiti, and one square mile that covers Overtown and part of downtown. If you have any questions, I'll be glad to answer for you. That's the update on our ShotSpotter technology and the state of how we use it. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. I want to thank the Chief for the update. I want to thank him for -- and the department, generally, for embracing a new technology, a new device. Chief can you tell me, roughly, from March 2015 till today, what has happened with our homicide rate in that same period of time? Chief Llanes: Well, we've seen a marked decrease in our homicide rate from last year. We are at a pace to equal or better that this year, so -- because of the good work of the folks in the community and our police officers, so we've seen a marked reduction in our homicide rate. Commissioner Suarez: Would it be fair to say that when we started it -- in the year that we started it, we had 86; in the next year, we had 74; and the year after that, we had 60; and this year, today, we have 23? Chief Llanes: Yes, sir. Commissioner Suarez: And, of course -- and I think it's fair to say, obviously, you cannot attribute that precipitous decline to one specific technique or one specific technology. I think, you know, obviously the fact that we, as a Commission, not only embraced this, but also increased our police force -- and I know you have a police staffing report later on in the Commission meeting -- but I think what that shows is City of Miami Page 6 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 that your department, under your leadership in particular, has maintained staffing at the appropriate level. I think we only have like two vacancies, or something like that, based on the report? Chief Llanes: Actually, two overs, sir. Commissioner Suarez: Two overs. "Imaginate!" So even better. And I think -- so we 're at full employment, essentially. Chief Llanes: Yes, sir. Commissioner Suarez: And, you know, obviously, I think the combination of having more well -trained officers on our streets with technology has resulted in this precipitous decline and -- you know, I know that in today's day and age in the press, you're going to go home -- everyone here is going to go home today, and there's probably a guarantee that one or two or three of the stories you're going to see on the new cycle are about violence somewhere, but it would be nice if, at some point, somebody would do a story on the fact that your department and the embracement of technology by your department has led to a significant decrease in homicides, so much so that it's possible for us to have less homicides in the year -- in this year than Chicago had in the month of January alone. Chief Llanes: Yes. And I think -- you know, there 's another part missing there. I think we 've had excellent collaboration from our community also. Commissioner Suarez: We have. Chief Llanes: I think all the programs that we put in place have really brought us closer, and we 've had a marked increase in community participation when these crimes do occur, so I don't want to leave that out. It's not just us; I think the community has embraced us in a way in order to help us solve these issues, so we don't want to take the credit altogether in the Police Department. We 've done a lot of things to impact our crime rate, but I think the community has come forward also and participated at a higher level than before. Commissioner Suarez: And I'd just like to add to that that -- you know, I want to thank your department. I want to thank particularly your -- the training department, the academy, for bringing officers out to the Magic City Fit Zone last year and this year, and the Fire Department that sponsored it, as well, and have been there and been very active. And I think it's changed the conversation, the community interaction from one that sometimes is negative to one that's positive. And what we saw in the month of November and December in the first Magic City Fit Zone that we did, which was using the ShotSpotter data from one of the zones and creating a community -based event, lighting up the park in Reese park was that we -- that the November and December months went from, the prior year, the third highest incident months of the year to the current -- you know, last year -- the current year, them being the lowest incident years of the month [sic]. Chief Llanes: Right. Commissioner Suarez: And so I think that just demonstrates that when you combine the data with proactive community -based policing and you interact with the community and you change the narrative, that it can have a dramatic effect; and, you know, hopefully, one day somebody will tell that story, because I think you guys deserve for someone -- and the City really deserves, as part of its reputation and its brand, for that story to be told. Chief Llanes: Yes, sir. City of Miami Page 7 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Commissioner Suarez: Thank you. Thank you, Mr. Chair. Chair Hardemon: Any further questions? Seeing none, Thank you very much, Mr. Chief. END OF PERSONAL APPEARANCES City of Miami Page 8 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Hardemon: At this time, I will open the floor for public hearing. This is your opportunity if you're from the public and you'd like to speak on any item that's on the morning agenda. You have two minutes to address this body. You may state your name -- first, last -- and address, and which item it is that you're referring to. So once again, this is the public hearing section of the agenda. If you are here from the public and you'd like to speak on any of the items, you have two minutes to address this body. Mr. Mayor. Mayor Tomas Regalado: Thank you, Mr. Chairman, Commissioners. I'm here in support of PH4. It's an item that is sponsored by Commissioner Wifredo "Willy" Gort and myself. Commissioner Gort cannot be here this morning, because today is the closing session of the Hemispheric Congress that is being held in the City of Miami. And so, on his behalf and my behalf, I'm asking you all to support this item. This item is the sale of a City of Miami property to the United States Veterans Hospital. Last Commission meeting, you heard Dr. Russo, that there is an urgent need for parking. Veterans are being turned away, and they're missing their appointments at the Veterans Hospital in the Civic Center of the City of Miami, because there is no parking. Many volunteers will have to be asked not to go to the hospital anymore, because of lack of parking. So the Administration has come up with a deal, with the Veterans Hospital, to sell this land, with reverters, that is located at 1455 Northwest 17 Street. So, on behalf of Commissioner Gort and myself and the Veterans -- and I have here Tony Colmenares, too, the director of Veterans Services of the Mayor's Office, and you had many veterans here several meetings ago -- we ask for your support. Thank you. Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: Thank you. First of all, Mayor, I want to thank you for bringing this issue to our attention. I think you've done incredible work in your administration, focusing on veterans -- homelessness and veterans' issues, and so I thank you for that. Later... Chair Hardemon: Now, once again, I'll open the floor for public comment. If you're here from the public and you want to speak on an item, this is your opportunity to speak. The first person I'd like to recognize, of course, is our dear Commissioner from Coral Gables, Mr. Lago. If you're here -- Commissioner Vince Lago: I'm here. Chair Hardemon: There you are. I saw you walk away. Commissioner Lago: No, Mr. Chair. No, I was just allowing anyone else who'd like to speak in regards to the issue that you just dealt with. Chair Hardemon: No, that's complete, so. Commissioner Lago: Okay, perfect. Thank you for having me. I appreciate it. Chairman Hardemon, it's an honor to be here, along with my fellow Commissioners, Mayor Regalado, other distinguished guests. As the Chairman mentioned, my name is Vince Lago. I'm here speaking in regards to item RE. 7, the interlocal agreement for a joint enforcement task force between the City of Miami and the City of Coral City of Miami Page 9 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Gables. I have the honor to serve as Commissioner for the City of Coral Gables, and I'm grateful to have the privilege to speak before you today about an issue which is growing concern amongst both of our communities. I believe that, as a government official, our number -one priority should be public safety, as all of you do also. With this being said, I have had the opportunity to attend several undercover ride alongs with your fellow police officers and the City Coral Gables, and have gotten to witness firsthand what is occurring right here in our neighborhoods. I witnessed drug -related crimes, prostitution, and sex trafficking, which is why I stand here before you today, and this issue is not only in the City of Miami; it's in the City of Coral Gables. It is well established that prostitution and human trafficking, as well as other illegal activities, are on the rise in South Florida. The U.S. (United States) Department of State estimates that as many as 600 to 800,000 individuals are trafficked across our nation's borders every year, with Florida receiving a high percentage of those victims. South Florida has experienced such an epidemic of sex trafficking that the Miami -Dade State Attorney's Office established a Human Trafficking Unit in 2012. Victims of sex trafficking and prostitution are often exposed to serious health risks, which include sexually transmitted diseases, drug and alcohol addiction, a series of health concerns, and psychological trauma. On December 6, 2016, the City of Coral Gables enacted an ordinance, in which I sponsored, that would prohibit hourly hotel/motel rentals in our area of the City of Coral Gables. More specifically, the intent of this plan aims to eliminate illegal activities surrounding our City's borders, while enhancing the overall safety of our neighborhoods and the future of our children. This ordinance has not only been effective; it has curbed significant issues that we were having with one motel on our side of the tracks. Today, I urge you to consider to adopt the combined interlocal and mutual aid agreement, which will lead to the creation of a Joint Enforcement Zone, a multi -agency, anti prostitution and human trafficking task force, intended to disrupt the criminal activity through joint proactive law enforcement operations in order to investigate, apprehend, and successfully prosecute offenders engaging in such nefarious activity within the City's Joint Enforcement Zone. It is the responsibility of government to ensure that public safety of its citizens by providing policies, enacting legislation for the betterment of our communities. As such, it is mutually beneficial for the City of Coral Gables and the City of Miami to help combat this issue jointly. We may come from different cities, but we are one community, and we cannot -- we can work together to make our community a safer and better place to live. I look forward to a partnership, and urge you to support this legislation. And I'm confident this will yield desirable resolutions -- desirable results within our communities. I want to thank our staff in the City of Coral Gables and the City of Miami for doing an incredible job over the last six months, especially the Police Departments, who have worked diligently together, and I'm grateful for your efforts. I'd like to introduce you to our Deputy City Attorney, Miriam Ramos, who has a few words. Thank you, Chairman. Miriam Ramos: Good morning, Mr. Chair, members of the Commission. Miriam Ramos, Deputy City Attorney, City of Coral Gables, with offices in City Hall, 405 Biltmore Way. Before beginning, I'd like to express to you that our City Attorney, Mr. Leen, was very unhappy that he couldn't be here this morning. Unfortunately, there was a meeting that required his attendance, and he has sent me in his stead, but he wants you to know how important this is to him personally. The item that I'm speaking on is the same as Commissioner Lago, RE.7. It is the combined interlocal and mutual aid agreement between the City of Miami and the City of Coral Gables, providing for the creation of a joint enforcement task force, provision of law enforcement services; and creating a multi -agency, anti prostitution, human trafficking task force. The effects of prostitution and human trafficking are evident. Miami is a hub for human trafficking. In fact, the task force that the Commissioner mentioned, that the State Attorney's Office established in 2012, has handled over 400 cases of human trafficking. The effects are not only on the victims of prostitution and human trafficking; the individual themselves, who are obviously exposed to sexually transmitted diseases, psychological trauma, drug abuse, alcohol addiction, City of Miami Page 10 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 physical and psychological trauma, suicidal thoughts, miscarriages, and forced abortions, but it also affects our communities. It affects our communities because it - - you know, there's a proliferation of disease in the community. It leads to theft, it leads to drug trafficking and drug use, and it leads to the objectification of women. As a woman, as a former Assistant State Attorney in this County, and as now the deputy for the City of Coral Gables, I am very proud of this effort, and I am happy to speak about the agreement very briefly. In case any of you have any questions, I'm happy to answer them. Essentially, the zone is from 57th Avenue to 42nd Avenue, along the center line of 8th Street, going 100 feet in each direction for each municipality. For uniform patrol, there is no prior notice required; however, for undercover or decoy work, there will be 72 hours written notice required. There's a mutual indemnification in the agreement so that each of us essentially are responsible for our own employees. There's a forfeiture provision where we can assist each other with the forfeiture of properties or property, real property or personal property that might occur as a result of one of these investigations, and it is our office working together with your City Attorney's Office. The supervision, it has been laid out where each officer essentially goes up his or her chain of command in their respective departments, except when there is a pre planned operation where the Miami commander will be present, and all of our officers will answer to that Miami commander. There's also a nuisance abatement provision where each jurisdiction is authorized to move forth with nuisance abatement procedures and processes, if that would become necessary. We can do that now. The only difference is that now we would consult with the City of Miami City Attorney's Office, so it actually gives Miami more control. I'm happy to answer any other questions you might have on the agreement itself. I am very hopeful that it will pass today. I think it's going to make a big difference to the City of Miami, to the people who live in the residential communities right outside of that area, to the residents in our City who live right outside of that area, and hopefully to some of these victims of human trafficking, and get them some help. Thank you. Chair Hardemon: Thank you very much, ma'am. Ms. Ramos: I'd also like to introduce Robert Fernandez, who is here on behalf of the motels and hotels along 8th Street. He's a representative for them, and they are with us in this effort. Robert Fernandez: Good morning, Commissioners. Robert Fernandez, Zumpano Castro, 500 South Dixie Highway, Suite 302, Coral Gables, Florida 33144. I'm here on behalf of Brickell Hotel Investment, Inc., 6581 Southwest 8th Street, Miami, Florida 33144, operating as the Grand Emporium Motel. We also own several other motels in the City of Miami, both in the Joint Enforcement Zone under the MOU (Memorandum of Understanding) and outside of the Joint Enforcement Zone. I'd like to say that we have a long track record of operating motels in the City, operating them cleanly, and cooperating with law enforcement. We've also reached out to other motel owners and tried to get them proactively involved in this effort, and I'd like to say that we have. We've met with Commissioner Lago. We've met with Miriam, and we've had very productive meetings. And what we want to do is be proactive, be part of the solution. We all want the same thing, which is safer communities for our residents and safer communities for the businesses. So we are a partner in this effort. We are, right now, forming a social purpose corporation with all the motel owners so that we can be more efficient in what we're doing in reference to best practices. What are we doing? Number one, we're making sure that all the employees at our motels are properly trained to look out for suspicious activities and to report them immediately. We're making sure that we have zero - tolerance policies in all our motels in reference to employees following these rules. We have reached out to law enforcement in both jurisdictions, asking for what are the latest best practices, and we continue to do those things. We have hired former law enforcement to come in and to look at what we're doing in reference to security and to give us the best practices, and we're sharing it with the other motel owners. City of Miami Page 11 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 We have offered in the past our motels for sting operations, and we're going to offer them again in the future for sting operations, because that is also going to send a message at our properties, there will be no type of activities like this. So we're looking forward to working with the City of Miami. We're looking forward to working with the City of Coral Gables. We're looking forward to working with the Police Departments. For example, we would like to have points of contact at each of the law enforcement agencies so we can address these issues and have clear lines of communications. We look forward to working with you. We look forward to implementing this Joint Enforcement Zone, and we look forward to coming back here at some point in the future and giving you all some progress on what we're doing. Thank you for the time. Chair Hardemon: Thank you very much, sir. Thank you. You're recognized, Mr. Mayer. Doug Mayer: Good morning. My name is Doug Mayer. I reside 2130 Northwest 13th Street, Miami, Florida. I'm here to speak on SR.2, which is the Charter and order -- excuse me -- Charter and ordinance amendments to the CIP, the Civilian Investigative Panel. I've -- it's been my pleasure to serve on this panel for the last three years. I was appointed by Commissioner Gort. There are many issues related to the recommendations before you. I want to focus on one in particular. First of all, I wanted to point out that the Independent Review Committee met 15 times -- these were public meetings -- considering all aspects of the Charter and ordinance. The CIP has worked long and hard to try to get these before you today. One of the most important items on the list has to do with the funding of the CIP. In order for a Civilian Investigative Panel to remain independent, their funding must be secured, and one of things that this ordinance and Charter change does is it secures the funding of the CIP long term. We just worked out a compromise. On the first reading of the ordinance, the budget was going to be one half of 1 percent of the total Police Department budget. And it was pointed out that many times the Police Department gets new equipment or other things that's not related to personnel, so we went back and met; and we came back with a compromise that we would accept 1 percent of the personnel budget for the Police Department, which we think is probably a good change. One of the reasons it's important to have this funding secured -- We have an example here in Dade County where almost 10 years ago, Carlos Alvarez, who was the director of the Miami -Dade Police Department, he zeroed out the budget for their Civilian Investigative Panel, effectively crippling it, and it has not been in operation for almost 10 years. So this kind of securing the funding makes sure that civilian oversight is going to continue to be something that the City supports long term, and cannot be jerked at a whim or a political -- over a political issue. Chair Hardemon: Thank you very much, Mr. Mayer. Mr. Mayer: Thank you. I appreciate it. Chair Hardemon: You're welcome. Sir. Keith Fletcher: Good morning, sir. Mr. Chair, Mr. Vice Chair, Commissioners, Mr. Mayor. Keith Fletcher, executive director and vice president for City Year Miami, housed at 44 West Flagler Street, downtown; here to speak on behalf of PH.2. I had a robust presentation prepared with a video, but I'm going to try to be respectful of the two minutes -- two -minute time frame. City Year is a national -- international nonprofit, really focused on ending the high school dropout crisis in this country. City Year's motto, briefly, called "Whole School, Whole Child," because we understand that we must remove obstacles that stand in the way of students reaching their potential. We get there by deploying people, ages 18 to 25. We leverage the power of young people across this country. We send them in teams into our most under-resourced and lowest performing schools, and we focus on improving City of Miami Page 12 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 student's ABCs: their "attendance," their "behavior," their "course" performance in math and English. The investment in City Year Miami is leveraged with matched dollars coming from both the Federal Government and Miami -Dade County Public Schools. The beauty of what we do really rests in the partnership that we have with Miami -Dade County Public Schools. And I'll tell you that what City Year has been doing in your district within the City has been working, with nearly every school that City Year is in, seeing double-digit increases in high school graduation since we began to partner with those high schools. So again, here to speak in support of PH.2. I don't think you'll find a better -- an investment with more leverage and a better ROI (return of investment). I want to very quickly thank the City Manager, Danny Alfonso; Assistant City Manager Zerry Ihekwaba; Special Advisor, Mr. Vickers; certainly Mr. Chair, Chairman Hardemon; and the City Attorney, Victoria Mendez, for their tremendous thought, leadership, and all the incredible partnership opportunities that we've already had with the City. So again, urging your support for PH.2. Thank you, sir. Chair Hardemon: Thank you. Kelly Mallette: Good morning, Mr. Chairman, Mr. Vice Chairman, members of the Commission. My name is Kelly Mallette. I work with Ronald L. Book, PA, at 18851 Northeast 29th Avenue, Suite 1010, in Aventura, Florida. I'd like to start off by saying that Mr. Book would be here today, except, as many of you know, our practice is in Tallahassee this time of year, and we were called back for a special session. So I'm here in his absence today, representing the Southeast Florida Apartment Association and the Florida Apartment Association, regarding Ordinance SR. 1, which -- I'm sorry -- Ordinance 1942, which is item SR.1. I'd like to put on the record, Mr. Chairman, that my registration with the City is not effective at this time. While I was in Tallahassee in April, my ethics requirement lapsed. I am signed up to take that again. Mr. Book is duly registered in the City on this matter. I hope you'll allow me to speak. Vice Chair Russell: Do we need to weigh on it? Ms. Mallette: I represent, as I said, the Southeast Florida Apartment Association and the Florida Apartment Association. We represent a diverse array of properties, affordable, market rate, corporate; from the single owner, new and old. We have approximately 75 properties in the City of Miami, representing about 18,000 units. I want to thank, first, Vice Chairman Russell for being accessible and listening to our concerns over the past couple of weeks on this ordinance. Unfortunately, without some changes to the ordinance, our organization does have to oppose it today. While our industry supports high standards and efforts to address unscrupulous actors, we believe this proposal has some unintended consequence that will hurt good landlords and hurt good tenants, and we'd like to talk to you about correcting those today. The way the ordinance is currently written, there are some technical issues, and 30 -- extending the rental period -- the termination period from 15 days to 30 days, the way the ordinance is written, isn't really 30 days. It actually could be up to almost 60 days, and that's because of the way State law says the rental period is on a month -to -month rent. If your rent is due on the first of the month and you pay monthly, your rental period ends on the 30th of the month. So if you pay your rent on the first of the month and you give your notice on the 5th of the month, the 30 days goes into the next month. Therefore, you would actually get more like 45 days before you would have to leave the property, and we believe that does a couple of things that do harm. Number one, as you all know, this wouldn't apply in affordable communities where you'd have cause to terminate. However, what it would do is impact those market properties that are actually very sought after. By keeping someone in longer than they want to be there, or longer than they may need to be there, you're holding up a unit for the next person who may need it. Also, it makes it harder for any landlord to remove a tenant who may not be following the rules, who may not be making it -- making things work for their neighbors. You know, there's -- City of Miami Page 13 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 since it 's -- issues where there might be domestic violence, where there might be other kinds of disturbances, where, you know, that 15-day termination is helpful, and so we think that's another unintended consequence. Also, if we're trying to address unscrupulous landlords, they generally don't enter into written agreements. So we've proposed to set, number one, one way to resolve this would be to, one, make this 30 consecutive days; and allow for some prorating of rent, if it's beyond the rental period. That's number one. Number two is, we don't believe this provision should apply to anyone who entered a written agreement that is for longer than a period of six months. And, you know, as I said, we'd be willing to work with you on some of these changes, but we do believe that they would have an impact on some of your residents; and certainly on some of our communities who are good actors in the community, trying to do their best to run good properties and provide a good environment for people to live. I'm happy to answer any questions and will certainly be here, and there's a few of us here today as well. Chair Hardemon: Thank you very much. If there's no objection to -- what is it -- it's not waiving the -- what is it called? Todd B. Hannon (City Clerk): You're basically just allowing her to speak, and then she's going to follow up with us to, in turn, sure that she registers properly. Chair Hardemon: So there's no objection to that? Mr. Hannon: Exactly. Yes, sir. Chair Hardemon: Thank you very much, ma'am. Ms. Mallette: Thank you, Mr. Chairman. Chair Hardemon: Sir. Anthony Teague: Good morning, Commission. Anthony Teague, proudly serving as the impact director with City Year Miami, entering -- or actually, concluding my seventh year with the organization. As Fletcher mentioned just a moment ago, our focus in high schools over the last several years, I've been able to watch now three graduating classes of ninth grade students who we worked with because they were off track. We worked with them because they had indicators showing that they were headed towards dropping out of high school. So I can most definitely, personally vouch for the impact that we're having. I would also like to say that -- or to share a story of a student that graduated actually just two days ago, a student who, first day of -- second day of school, actually got in a fight, got in a fight in a hallway; shortly thereafter, got suspended for 10 days, and therefore, started his ninth grade year off with a 10-day suspension from school. As you could imagine, the rest of that year was a series of trying to catch up, and never quite getting there. This student was eventually marked to be expelled from the school for constant disruption, skipping school, different things like that. Happy to say that -- like I said, this student graduated two days ago from Miami Edison Senior High School; to this day, has the highest score on the science EOC (End of Course) exam; a complete turnaround story; actually spoke and inspired a lot of people at City Year's gala this year. And stories like this are happening for hundreds and thousands of students throughout Miami -Dade County, because of the work that our AmeriCorps volunteers are putting in every day. So I thank you so much for your support of PH.2. We look forward to continuing to partner with you all and many other partners throughout the Miami -Dade County. Thank you. Chair Hardemon: Thank you very much. Sir, you're recognized. Franklin McCune: Good morning, Mr. Chair, Commissioners. My name is Franklin McCune, and I'm here with PH.2, City Year Miami. I proudly serve as the senior City of Miami Page 14 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Civic Engagement manager with City Year Miami, and I get the unique opportunity to create impactful volunteer service days all over our County, including in -- amazing opportunities here in the City of Miami. I'm here to talk about the impact of the work we're doing in the City ofMiami. I'm looking for you guys' support. As my colleagues, Mr. Teague and Mr. Fletcher have mentioned, the increase in graduation rates, the increase of opportunities for our students and our AmeriCorps members, who are completing their term of service actually tomorrow at our graduation, is amazing. Of the five schools in the City of Miami are continuing to progress and increase those graduation rates, because of the red jackets there each and every day; the first people there at the school; the last people to leave; supporting those students in attendance, behavior, and course performance, and we look for that continued opportunity. It has been a pleasure to serve continually now for three years, the City Year Miami, and we look for your support. Appreciate your time. Thank you. Chair Hardemon: Thank you very much, sir. You're recognized, ma'am. Esther Knicely: Hello. Esther Knicely, 3331 Florida Avenue. I am here to speak as a proponent of SR.1. And I just want to say that about -- I think there's about 70 percent of Mi -- people in Miami who are renters. And I believe that we should work to change the eviction from 15 to 30 days; especially because, for those who are low- income families, a shelter wait list is often over three weeks long. So if you have only 15 days to be evicted out of your place, where are you supposed to go? There are just very minimal resources, and we want to keep those who are on the margins of our communities at the forefront. And I would also like to say that, with all due respect to the lady who spoke earlier, just a reminder that we are your constituents; and I think that, you know, it is important to listen to people who are property owners, but we are the people who live here, and it impacts us on a daily basis. Thank you. Chair Hardemon: You're recognized. Kristian Hart: Hi. Kristian Hart, 3334 Charles Avenue. I'm here in support also of SR.1, the ordinance that extends the notice from 15 to 30 days as is, without an amendment. If the amendment is adopted, I would be in opposition of it, because the ordinance offers great protection for renters, who have time to prepare for alternative housing; whereas, right now, tenants don't have very many rights in the State of Florida. So as she said, 70 percent are renters, so this affects people not just in the Grove, but in the entire City of Miami. And it is an easy and sensible step toward increasing the rights of our renters in this City. With the housing crisis, it's - - specifically in the Grove, this is a very important ordinance, and there's much to be done, but by passing it as is, you're protecting renters who have paid their rent. And even like she said, the example of if you gave it on the 5th of the month, then having 45 to 60 days, that's really not an issue, because the people are still paying their rent. And also, housing is extremely difficult to find in Miami, especially in the Grove, so 60 days might not even be enough. I have friends who live here that have been looking for housing for months; not within 15 to 45 to 60 days. So allowing that additional time does not actually harm the landlords at all, because they're still receiving their rent. So I would request that you pass this ordinance as is, without any amendments. And also, just to remind and reemphasize, to request a moratorium on any development within the NCD (Neighborhood Conservation District)-2 until those guidelines have been clarified to stop further development that is inconsistent with protecting the historical community of the Grove. Thank you. Alana Greer: Thank you. Alana (phonetic) Greer, 3000 Biscayne Boulevard, Number 106. I'm here to speak in support of the proposal to extend the notice to tenant -- to terminate a tenancy to 30 days, and thank all of you for considering this; and in particular, Vice Chairman Russell for championing this issue. I just wanted to clar a few things we've heard today. Again, the landlords are receiving City ofMiami Page 15 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 payment for every day that the tenants are in this -- their unit. If they break a rule, if there's domestic violence or something like that going on, they're evicted under a completely different part of the statute. This extension does not affect those cases. Miami Beach has had the exact same language that's being proposed for over 20 years. It's -- really, it's worked. It's clear. It gives our -- the residents here in the City of Miami, almost 70 percent of whom are renters, that same shot that our friends across the bay have. We heard about these highly sought-after units. Those units are in places like West Coconut Grove, Little Haiti, East Little Havana; places that are rapidly being displaced. And if we can't give two weeks for these families, whose communities are under threat of being wiped off the map, to actually find a roof to put over their family's home, then how are we going to tackle the rest of this giant housing crisis that we have in front of us? So I really, really appreciate all y'all's effort in this. I would also just like you to remember that an eviction follows a family for the rest of their life. That's public record. It's harder to find a place to live, let alone an affordable, dignified place to put your family. Just one other clarification that I heard today. We heard about unscrupulous landlords not signing leases. I represent a number of tenants. I can tell you, time and time again, I see year -long leases in some of the worst properties in this City. Unfortunately, they're use -- they're not holding up their end of the bargain. And so, this is just about a zero cost to landlords, zero cost to the City way to give tenants a little bit of dignity in the crisis we find ourselves in. Thank you. Kristi Novak: Hi. Thank you for taking the time to listen to us. My name is Kristi Novak. I am the area vice president for the Altman Company, and also a member of the Southeast Florida Apartment Association. As a employee for the Altman Company, I represent two properties in Miami. And as a member of the Southeast Florida Apartment Association, we represent approximately 18,000 units in the City of Miami, and as -- we are constituents, as well. Not only does this -- I'm also -- I oppose the Ordinance 1942, and not only does it prolong the eviction period for the landlord, but it does cause a financial burden for a renter. As Kelly Mallette had stated before, if a renter -- somebody goes month to month because of convenience, they -- there's also a higher fee for going month to month. And a lot of times, renters will go month to month, because they are -- for work purposes, and they want to give notice in a short amount of -- period of time. And if this changes, and they have to give a 30-day notice, and they miss their notice period by a couple of days, they -- that notice then goes to a 45- to a 60-day notice. That's more rent that they would have to pay, and more time that they would have to be there that they are not wanting to do. So again, I oppose this ordinance of 1942. Sabrina Velarde: Good morning, Commissioners. My name is Sabrina Velarde. I'm here on behalf of Miami Homes for All, formerly the Coalition for the Homeless. Our address is 140 West Flagler. I'm short. I'm sorry. Our address is 140 West Flagler, Suite 105, Miami, Florida 33130. I'm here to express Miami Homes for All's support for agenda item SR.1, as is. Miami Homes for All is an advocacy organization, dedicated to preventing and ending homelessness. A key step in preventing homelessness is ensuring that the most vulnerable in our community, those that are severely cost -burden, have sufficient time to seek affordable accommodations when their current home is no longer affordable or available. Every day in our offices we get calls from low-income families, seeking help with a place to go, because they're about to or have recently had their lease terminated. We get calls from already cost -burden families looking for rental assistance, looking for security deposit assistance; and many times these checks from agencies that help out, it takes longer than two weeks to get those checks. It takes longer for a shelter waiting period to go through. Those shelter waiting periods are generally three weeks or longer. As you all know, the affordable housing crisis in our City is very dire, so we urge this Commission to extend the notice period to 30 days. We think that this extension is fair and allows families to have a little bit more time to find a place to go in light of our housing crisis. We ask you to help us prevent homelessness by approving SR.1 as is. Thank you. City of Miami Page 16 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Chair Hardemon: You're recognized, ma'am. Ashley Kolbasuk: Thank you. Good -- almost good afternoon, and thank you for having me. My name is Ashley Kolbasuk. I represent Altman Company, as well. I'm the director of Associate Development, from 1515 South Federal Highway. I am here to oppose SR.1, 1942; to discuss, you know, with regards to term of giving notice, because that's what it is when you go on a month -to -month tenancy. I can understand the people in support of this, but there's still another big chunk of renters who, you know, are in a situation where they just roll month to month, because it is a convenience, and they don't want to really, you know, be held to a lease; or, you know, they want to have the ability to kind of come and go as they please. With this 30-day notice, it definitely can cause an issue for renters as in -- just if they miss their notice -- again, we've already kind of talked about it before -- it goes to a 60 -- almost a 45-, 60-day notice, where they're paying that month -to -month fees, they're paying, you know, that higher market rent, and it's really cost -- or it cost a good amount of money. And then, not to mention, you know, as a management company or -- you know, there are the good landlords that are trying to mitigate and manage their businesses, and if they miss their date -- because we've got to give a certain, you know, notice to them -- we're then another 30 days out and causing, you know, potential issues with other people coming onboard. So I definitely think it could be a hardship to both renters and to management companies, and good landlords and tenants. So again, I would like to go on record in opposition of SR.1. So thank you. Chair Hardemon: Thank you. Sir. Jeffrey Hearne: Jeffrey Hearne, 4343 West Flagler. I'm the director of Litigation at Legal Services of Greater Miami, and the director of the Tenants' Rights Clinic at the University of Miami School of Law. I'm here to provide information, comment, and an analysis on the proposed ordinance. Under State law, a tenant must be given 15 days' notice if they're a month -to -month tenant, if the landlord wants them to leave. And if the tenant can't leave within those 15 days, an eviction is filed against that tenant. So they have to make a choice: Move out or face an eviction. And while 15 days may work in a rural area or in parts of the State where there is a different rental market, it doesn't work here in Miami. Every week we're meeting with tenants in our office, who've received 15-day notices, and they face that dilemma: "Do I move out, become temporarily homeless, or do I stay and have an eviction filed against me?" You know, the filing of an eviction causes harm to tenants. As some of our previous speakers said, you know, an eviction stays on your record. The filing, in and of itself, is public record, which can make it difficult to find housing. And there are many landlords who refuse to rent to someone just because they have an eviction filed against them, regardless of whether they were at fault or whether the eviction was ultimately dismissed by the court. So this ordinance is less about the eviction, but it's really about preventing homelessness, because it will give tenants more time to find alternative housing; and this will help us, you know, avoid putting a drain on our homeless resources. If the tenants are violating some other lease provision, there are faster provisions to get tenants out. If they're not paying the rent, they have to do it within three days -- of a three day notice; and if there's not some other type of violation, the notice is for seven days. So this ordinance would really just say that rather than giving the notice on the 15th day of the month, the landlord has to give it on the first day of the month; very small period of time. And as other speakers said, the tenants will be paying rent during this time. This same ordinance, identical ordinance has been on the books in Miami Beach with no problem. The rental market there is strong. We don't have to worry about this adversely impacting landlords. So my analysis is that this ordinance will provide significant protections for tenants; it will benefit tenants, give them more time, and help prevent homelessness. Thank you. Chair Hardemon: Thank you, sir. You're recognized, sir. City of Miami Page 17 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Jeremy Scholl: Hello. My name is Jeremy Scholl. I'm a regional manager from Monogram Apartment Trust. I also am the treasury [sic] and secretary for the Southeast Apartment Association. I oversee buildings in Miami and all over Southeast Florida. We are opposed to SR.1 and 1942. Truthfully, a very small percentage of our residents are on month -to -month leases. And we are opposed to the ordinance in its current form. My colleagues have already expressed reasons for our opposition, and I yield my time. Chair Hardemon: You're recognized, sir. Darren Ayoub: Good morning. My name is Darren Ayoub, with Barfield MacCain, PA (Professional Association), which is located at 4241 North Lake Boulevard, in Palm Beach Gardens, Florida. Barfield MacCain is a landlord/tenant law firm that was founded here in the City of Miami, and for the last three decades has been representing landlords throughout the State of Florida, including roughly 15,000 units currently in the City of Miami. And I'm here on behalf of the Southeast Florida Apartment Association to speak in opposition to SR.1. And I feel that there are some unintended consequences that would be felt if this ordinance was passed in its current form. For one, if a landlord is going to be held to a 30-day notice, that makes it almost impossible to terminate anyone in the month of February if you want to give notice on February 1; because no matter what year you look at, you never have 30 days in the month of February. For another, if a tenant wants to have the ability to leave with just two weeks' notice of a month -to -month tenancy -- for example, transient renters who might be here temporarily for work, they like having that option of leaving with just 15 days' notice. This would force them to give 30 days' notice or face eviction, and force increased costs on a renter who might otherwise be able to leave with as little as 15 days' notice. Another thing it could do is, instead of a landlord abiding by the 30-day month -to -month rental period, they could go and create a weekly rental period, which only requires seven days' notice. So if your goal is to preserve housing for these people, there could be the unintended consequence of instead of getting 30 days' notice to vacate the premises, they are left with only seven days' notice, if a landlord should choose to operate under a week -to -week rental, and I think that would have an adverse consequence on what the Commission is trying to do in approving this in its current form. So I am opposed. Thank you. Chair Hardemon: Thank you very much, sir. Ma'am. Donna Ameller: Hi. Good morning. My name is Donna Ameller. I am a regional manager with JMG Realty. I'm also the president for the Southeast Florida Apartment Association. I oversee -- directly oversee five properties here in the City of Miami, and my -- and as my colleagues have said before me, we do represent 18,000 units in the City of Miami. For many of the reasons as stated before by Kelly, by Darren, and many of my other colleagues, we do opposed SR.1. I would like for it to go on record that we do oppose SR.1 outside of some of the many reasons that were discussed earlier. It's important that you do know that it can negatively affect and prolong evictions for the landlord. It can also negatively affect the transient residents, like Darren said, that do come for work -related purposes, forcing them to give 30 days when they would have the luxury of giving the 15 days. Again, I opposed SR. 1. Thank you. Chair Hardemon: You're recognized, sir. Thaddeus Scott: Good morning. My name is Thaddeus Scott, 3794 Florida Avenue. I'm in support of SR.1, and the reason being -- I hear all the stuff. You know, I'm also a property manager for my church's property, and so I've seen both sides of the spectrum, so to speak. And I hear you; and yeah, you're right, you're right, you're right, but I'd like to err on the side of caution in protecting some lady who can't find City of Miami Page 18 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 housing or who can't accommodate these things. I'd like to be that compassionate person that a vet, who has gone and served this country well and is struggling with whatever the case may be -- What's an extra 15 days for this guy? If he's gone and put his life on the line for this country, what's 15 more days for this person? I get both sides. I see both sides. I know the deadbeats. I know the people who are struggling. But it's a terrible thing when a lady has three and four kids, and she's trying to find housing, and you're trying to rush her out of and there is no housing for her to go to. What's an extra 15 days to help -- or for her to get more resources to help her get to where she needs to be? So with seeing that, and being a part of that, I'm in support of SR.1. Thank you. Chair Hardemon: You're recognized, sir. Jamison Gavin: Good morning, Commissioners. Thank you for having us. My name is Jamison Gavin, and I'm here representing the Young Professionals Council, as the chair for the Southeast Florida Apartment Association. I'm also an owner of an apartment community here in Miami, and I'm opposed to SR.1, mainly for the reasons of -- as being a property owner, a multi family owner, if we prolong it out to 60 days, we would -- we perhaps would require tenants to actually place more money down to actually rent that unit that they're renting. So right now, when -- if you have, you know, first month's or last month's rent, if you're pushing it out to 60 days, we could potentially have a lot longer and more money down that that tenant would need. So what we're asking is that you guys -- is that the Commission -- that you work with SFAA (Southeast Florida Apartment Association), that you -- that we can actually adjust and amend SR.1, and that we come to like terms. Thank you. Jean Newland: My name is Jean Newland. I live at 7286 Jacaranda Lane, Miami Lakes, Florida, and I have been a resident of Miami for over 70 years, so I care deeply about this community. And I am -- I'm in favor of bill SR.2, which is the funding of the CIP. I want you to -- I ask you today to accept the proposed changes in budget submitted to you in regards to this Civilian Investigative Panel. I attend their meetings regularly, and have witnessed firsthand the professionalism and honesty of the panel members of the CIP, who are all dedicated volunteers. This panel is a successful result of the City of Miami Commissioners, who selected these dedicated citizens from your districts to ensure that all constituents are represented and have access to a transparent process to address their concerns. The panel depends on the partnership of the investigative team that is compromised [sic] of ex - police officers who provide critical, professional expertise. The CIP budget is modest, but represents a significantly important investment in this community. Changes asked for during -- of the committee during the first reading have been addressed and changed. You can be proud of the City of Miami as one of the very few cities to have created 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 process that provides the accountability and opportunity for our community and police to be heard by an impartial panel. Thank you. Chair Hardemon: Yes, ma'am. Marlene Bastien: Good morning, Mr. Chair, members of the Commission. Marlene Bastien, executive director of the Fanm Ayisyen nan Miyami, Haitian Women of Miami. We are located at 100 Northeast 84th Street. And we are here to join our voices with those who came before us to advocate in support of SR.1, as is. We serve 5,000 members -- We don't call them "clients" anymore; we call them "members" -- a year at our one -stop center, located in Little Haiti. The number -one problem that brought -- that brings these members to our office is housing. We are facing a grave housing crisis in our community. The fact is, our members are unable to find housing. There is a 7-, 10-year waiting list. We just ended a campaign a few months ago for the little -- the mobile homeowners at Little Fanm. Fanm City of Miami Page 19 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 (UNINTELLIGIBLE) this campaign with several other organizations. We find -- we reached a settlement, and then we had to help the members secure housing. Members of the Commission, Mr. Chair, it took weeks, weeks to be able to help them secure housing. With help, it took weeks. We nowadays have a new breed of homelessness in our communities, in our City. These are no longer people who aren't able to pay rent. These are no longer people who do not have employment. We do have people with employment, with salaries, unable to find places to live because of this crisis. And until we find a solution, a solution in the City to allow people who built their communities to live in their communities; to allow professionals, who work in our City to be able to live in our City, we need to find provisions to give renters, who constitute over 75 percent of the people who are securing housing in our City to find a place to live when they are being evicted. I'm hearing people coming with all kind of bogus reasons why not to approve this, SR.1. I mean, the question is, who do you believe? Do you believe organizations that spend hours and hours trying to help people find housing, preventing them from getting on the streets with their entire families? Or do you believe the same people who are contributing to this housing crisis in the first place? That's the question. Who do you believe? I'll say, you need to side with those organizations, those agencies that spend days and hours and hours of their time trying to help families, trying -- who are trying to find a place to live. It is our responsibility as a city. It is our respondent as a country to make sure that families, especially families with children, have a place to live. And 30 days is -- I don't understand why people are standing against this. 30 days. And even just 30 days is not enough. This is the least we can do to help families. This is the least we can do. We are facing a crisis. I'm going to be working with some of you on the dais. I was talking to Commissioner Russell recently about this severe housing crisis, guys. We got to find a solution, and then I'm going to end on that note. There's a Creole proverb that says that, "(UNINTELLIGIBLE)." The rich doesn't have the mean -- doesn't know about the misery of the poor. I mean, when you 're looking for a home and you work, you come to Fanm, you come to different agencies, you can't find it. You come go to your Commissioners, you still can't find it. You call the Homeless Partnership, you still can't find help. What does that mean? That means that there is a crisis. We got to find a solution, and we need more time for the renters. Thank you. Chair Hardemon: Thank you. Ma'am. Fabienne Boughton: Good morning, Commissioners. My name is Fabienne Boughton, at 50 Northeast 50th Terrace, and I'm speaking in support of SR.1. What is another 15 days? Because I'm not really sure if anybody who's speaking in opposition of SR.1 has ever try tried to find housing in under 30 days in Miami, but it would appear not, because it's virtually impossible. So even if the landlords would theoretically be out of another month's rent, which is actually not the case, seeing as nonpayment is governed by something entirely separate, what's worse; a homeless family or a landlord out of a little bit of money? I'd say probably the homeless family is a little bit worse off and in a position of less power to bargain here. So I am in support of SR.1, because I think that even 30 days to find housing when you are on an extremely tight budget already is next to impossible. Extending this ordinance -- extending the notice period by 15 days is almost not even enough time to find a place to live. This will be put a strain on our homeless resources here in Miami, if we have people who are being kicked out of their homes; they have nowhere to go. The shelter wait list, as has already been spoken about, is often three weeks. There is nowhere else for these families, for these people to go. So extending the notice period by another 15 days I don't think is a big deal, and I'm wondering why there's so much pushback on 15 more days to find another affordable place to live in Miami. Thank you. Chair Hardemon: Thank you. You're recognized, sir. City of Miami Page 20 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 William Scarola: Hi. My name is William Scarola, 710 Southwest 12th Avenue. I'm here to speak on SR.2, the ordinance -- the proposal -- changes to the CIP ordinance. I'm a 36-year veteran of the Miami Police Department. I retired last year. And upon my retirement, Chief Llanes gave me a call, and wanted to appoint me to the Chiefs position on the CIP, in which I took. I'm here to speak against these changes, as they've come up. Unfortunately, none of you, nor none of the CIP, except for myself was around when the CIP originally came about. The only person here now would be the Mayor; Mayor Regalado was here. We went through a lot of work, a lot of details. We hammered out a lot of these details early on, and we came up with what the current CIP is today. Let's be honest. There is no love lost between the CIP, its staff, the board, the members, the investigators, the FOP (Fraternal Order of Police), or the members of the Miami Police Department. I was called a liar my first -- my second meeting on the dais of the CIP Board. You know, these fine officers, they come to work every day. They run into places where normal people wouldn't. They run into the buildings. They run towards the danger when everybody else is running from the danger. The departmental orders, as we have them written, are guidelines. Anybody that's been a policemen or worked in a business know you have guidelines to go by. Those guidelines are not perfect. There's always going to be things that come about that are not covered that we can talk about later on. The CIP wants to become the lead investigative agency or body to conduct oversight with the Miami Police Department. They have empowered themselves by cherry picking other cases, some which are closed by LA (Internal Affairs), without a complainant coming forward; linking similar complaints together to come up with findings. The current CIP investigations being done along with example for the criteria they use to find their cases, their closing, their memos, all that stuff I believe it's hindering the Police Department and the City in its litigation with civil cases. When it comes up in court, there may be a difference of opinion between what the Police Department has come up with and what the CIP comes up with. And anybody that's an attorney knows that's where -- when there's a difference, that's where we start being attacked on the civil lawsuits. My first comment on the CIP, on the appointments to the board was they should be done by you. If you want the CIP to do the interviews, they should interview everybody and give you the list. They should not be cherry picking, saying who they think is better picked. That's for you to decide; not for the board to decide. The removal of the executive director and the legal counsel should not start with the CIP members. They are not responsible. They are responsible to you. What happens if we have a case where the board members want to keep that person or those people and you don't want to keep them; or you want to get rid of them and the board doesn't want to get rid of them? Who's going to have the final say? Chair Hardemon: Thank you very much, sir. Your time has expired. Mr. Scarola: All right. Meena Jagannath: Good morning, Commissioners. Meena Jagannath, 3000 Biscayne. I'm here to support agenda item SR.1. It is a common sense item that would alleviate much of the impacts on Miami residents of the current housing crisis. A number of other speakers have raised a number of unlikely hypotheticals about how this would impact landlords and -- however, the vast majority of Miami residents, almost 70 percent of Miami residents are renters, and so this item would actually protect the vast majority of Miami residents, many of whom are struggling to find housing and who -- you know, if given an additional 15 days, would have the time that they need to provide the stability and to find a place that is affordable to them in our current market, so I urge you to support the item, SR.1. I think that it is a common sense item, and something that we should have had on our books long ago. It is directly modeled after the Miami Beach ordinance, which has been on the books for over 20 years, and they've been doing fine with it. And so I think it's about time that the City of Miami implements it here. Thank you. City of Miami Page 21 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Ms. Holmes: Point of clarity, if I -- Commissioner, thank you. I spoke on the (UNINTELLIGIBLE). Thank you. You know, experience is a good teacher, and we all have that human experience of you got to pay the rent. But you all, even a year and a half ago, saw women come in here, working women they were, and I'd like to thank you, because you opened up your chambers for these women and these ladies. And we would make an assumption that women that are in Chapman Partnership are not victims of domestic violence. You can't tell, because they were strong, and we spoke on our own behalf. And then you recognized that their children were in transition. And you could see that these women were mobile. They were packed up and ready to go. And some of them, since now, Commissioner, because you intervened, because laws were a little bit more applied and interpreted based on experience versus authority, they're doing very well. And I know that they would like to come back and say "hello," or you come into the neighborhood again, you can see. As a service provider, as the executive director for over 37 years, as a formerly homeless person who stayed under the bridge on 2nd Avenue, every experience I speak -- I speak from experience; not projection. Someone can advise you about what it's like to be a black mother or a Hispanic mother or a working mother or a victim and trying to make it to these meetings, and not have anybody tell you, how 'bout trying to go to court? We've seen advocacy on behalf of those lobbyists and those administrators, and even those legal defense organizations, such as Legal Services, who currently, under Miami -Dade County, are seeking to be developers them self [sic] and property owners them self [sic], but yet, we're the ones facing the crisis. I'd like to commend you on having the humanity, having the insight; and using your authority, with great integrity, to impact justice. So when I speak to you now, I speak on you about experience in being the greatest teacher when it comes to CIP, as well. These are those persons who hardly have a right to legal defense. And so what you're doing is great. And although I concur with this young lady -- and I'm not going to be speaking at that time. I hope you speak again, because there are small property owners who don't benefit, and that's because the levels of care that we provide that Wave of Women in Public Housing, the level of care that you see me -- I'm here always on it, as our homes once for profit -- I'm helping business and property owners know their right, as well, to create better, safe and healthy havens for working mothers. So what you've done is balanced out justice. What you've done is help bring justice to a crisis that was created when we took Community Development out and made it Economic Development in the City of Miami. And now you're saying that we're going to be able to have some stability for some of the taxpayers that are there, so that you can have a consistent community of people that you represent. That's fair. And in any law and any rule, the first measurement of integrity and fairness is that you give each person an equal opportunity. This new resolution gives them an equal opportunity to be the best taxpayers, reap the benefits, and continue to say that you're great leaders for us. As far as CIP, you held some accountability standards and guidelines on that. I've told you some things that have occurred that have not been dealt with. That's 100 to 200 to 300,000 more dollars of litigation behind them not doing what they're supposed to do. And while I appreciate someone saying I had an equal opportunity, quite frankly, and out funded sunshine, Commissioner, I don't want to be interviewed when I'm holding a Commissioner accountable in his office. So anybody says that that's a fair opportunity does not have the community's perception. It may be from one authority and interpretation of what legal policy can do, but it's not a matter of fact, and it ain't real. Thank you. Chair Hardemon: Thank you, Madam Holmes. You're recognized. Julia Dawson: Good morning. Julia Dawson, 1701 Southwest 4th Avenue, Miami 33129. I'm here to speak in favor of SR.2, the ordinance for the Civilian Investigative Panel. You've heard me speak to you many times in support of the Civilian Investigative Panel. And I have been involved in the changes that the CIP has undergone since the beginning of 2011, so I've seen up close and personal the transition that has taken place, and you have every right to be proud of the CIP that City of Miami Page 22 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 we currently have; the voice of the community on policing issues. I hope you never doubt that there is a voice on the CIP that is representative of the Miami Police Department perspective. You have met Mr. Scolara [sic], who sits on the panel, and is clearly a representative of the Miami Police Department. So the CIP does not speak or vote with one voice; they are individuals, and they each represent their constituency. I was here when the CIP was created. I was born and raised in Miami, so like Mr. Scolara [sic], I know what has happened from the very beginning, and I can speak with as much authority as Mr. Scolara [sic] on anything pertaining to the Civilian Investigative Panel. He has represented that there is no love lost between the Miami Police Department and the CIP. I think that's a pretty broad brush to paint a whole agency and a whole department with. There are people on the CIP who lean towards the police. You have heard from one today. There are people in the Police Department who value the CIP and the work that they do. So let's not characterize this as an either/or, or everybody in each of those circumstances is on the same page; people are individuals. The CIP does not cherry pick cases. The CIP gets all the cases that go to Internal Affairs, after Internal Affairs has concluded its investigation of that complaint. By ordinance, they then go to the CIP. They look at all of them, they review them, they do whatever investigation they feel is appropriate in those circumstances; they present it to the full panel, which discusses it and looks at the evidence, and then decides whether they are going to sustain that complaint, not sustain that complaint, or take some other action. All cases receive the exact same treatment. There is no cherry picking. Perhaps, what he's referring to is that at times, the CIP differs in its conclusion to what the IA had as its conclusion. That is their job; to review, from a community perspective, that particular case. They then send their findings to the Chief who then responds after reading their findings. That is the process. It is a fair process. Everybody has input. Everybody has a chance to say what they have found. The independence of the CIP is crucial to its existence, and the ordinance that you are considering provides additional independence so that it can truly be the eyes and the ears and the voice of the community on policing matters. Thank you. I urge you -- Chair Hardemon: Thank you very much. Ms. Dawson: -- to support SR.2. Chair Hardemon: Thank you very much. Sir, after you, public comment will be closed. Tony Colmenares: Good morning, Mr. Chair, Commissioners. I'm Lieutenant Tony Colmenares, U.S. Marine Corps, retired. I reside at 4345 Southwest loth Street, Miami, Florida. I'm here to speak on behalf of PH.4, in support of the resolution given by the Mayor and Commissioner Gort, with the sale of the land to the VA (Veterans Affairs). I'm here representing not my other duties that I normally do with the City, but representing the more than 80,000 veterans that utilize our VA, Miami VA Health Care System. Truly, you know, these are individuals that have sacrificed and given so much for this country, and most of them reside within our community. It's the least we could do to support our veterans, and ensure that they have adequate parking in order to make their appointments, and make sure that we're supporting them in any way we can. So I'm here to support that resolution. I'm also here to have the Commission consider the proceeds of this sale given within the guidelines of the different ordinances that we have; that it be used to support our veterans in the City of Miami. We currently have -- 13 percent of our workforce are veterans, people that have served in the Armed Forces. We need to provide supportive services for these individuals in transitioning and reintegration back in the community. Some of them are still in reserve status, so they go away and they come back. Some of these dollars could be used to subsidize and supplement some of the money they lose when they go on active duty. Believe it or not, they probably don't get paid as much as they probably make here in the City of Miami. We could help their families during this period of time. So I would ask that this sale, if City of Miami Page 23 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 approved by the Commission, the dollars be used to support our veterans in the City of Miami, earmarked to support our Veterans Service Office under the Office of the Mayor, and I ask you to consider this seriously. This is something that we don't have. You know, we have taken the lead in many ways, Mr. Chair, in this nation by having the first and only Veterans Service Office in a major municipality, like the City of Miami. Many other cities have modeled themselves after us. City of New York, San Antonio, San Diego, and other cities are coming onboard because of what we're doing here in Miami. So I would ask you to consider this, because that would be unprecedented, and we'd have a very dedicated budget to be able to help our 13 percent that make up our workforce here in the City of Miami that are veterans that have served this country. So -- Chair Hardemon: Thank you very much, sir. Mr. Colmenares: -- I'm here to support PH.4. Thank you so much. Chair Hardemon: Thank you. You're recognized, ma'am. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. I'm in support of SR. 1. And I think it's important for both sides to understand that the owners of the land of the apartment, what they interested in is getting more money, but unfortunately, sometimes it's not just about the money; it's about them supporting those families before they go to be homeless. I am part of those who help the homeless community, and it's really hard -- some of them don't want to be in the shelter, but they've been forced to be in the shelter by this ordinance that we have. So I really appreciate it if you guys think about the human side of the SR. 1. Those who represent 18,000 tenants, that mean they are the ones pushing the 18,000 tenants maybe to the homeless. So they are thinking about their owner of those apartment, but they actually not thinking about the residents of the City of Miami. I'm in support of the FR.2, and I would like to add that those who are holding beer and wine licenses. Sometimes they abuse all those licenses. And I was able to speak with Planning & Zoning director, and he guide me how to report those issues that we having very seriously in the City of Miami; especially in the Little Havana area with those owners of businesses who hold these licenses, abusing and (UNINTELLIGIBLE) hours that they're supposed to be doing. And I'm support of the Police Department in reference of the new baseball -- I guess that we going to have a new stadium. But in the same time, to please don't forget the residents that going to be living around this area, and that happen -- the same thing that happen with the Marlins; that the residents around the Marlins cannot park, they get ticketed, they get towed away, and they have to pay all the money. So please do not make the same mistakes that we did in the Marlins Stadium with the Beckham Stadium. Thank you. Chair Hardemon: All right, the public comment section has ended. City of Miami Page 24 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 CA.1 2259 Department of Police CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE TO THE AUTHORIZED EXPENDITURE LIMITS FOR THE PURCHASE OF LEAD FREE ZINC AMMUNITION FROM NPEE L.0 D/B/A NATIONAL POLICE AMMUNITION, A COMPETITIVELY SOLICITED BRADFORD COUNTY SHERIFF'S OFFICE CONTRACT; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. ENACTMENT NUMBER: R-17-0264 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.1, please see "End of Consent Agenda." CA.2 RESOLUTION 2238 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, FOR IMPROVEMENTS ALONG STATE ROAD 9/NORTHWEST 27TH AVENUE AT THE INTERSECTION WITH NORTHWEST 17TH STREET, A ROAD NOT ON THE STATE HIGHWAY SYSTEM. ENACTMENT NUMBER: R-17-0265 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.2, please see "End of Consent Agenda." City of Miami Page 25 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 CA.3 2396 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE RETENTION OF WEISS SEROTA HELFMAN COLE & BIERMAN AS SPECIAL REAL ESTATE COUNSEL TO WORK IN CONSULTATION WITH THE CITY ATTORNEY AS SET FORTH IN CITY RESOLUTION NO. 16-0611 FOR THE DEVELOPMENT OF A NEW CITY OF MIAMI ADMINISTRATION BUILDING; FURTHER AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND THE ALLOCATION OF FUNDS FROM THE NON -DEPARTMENTAL LEGAL SERVICES ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-17-0266 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.3, please see "End of Consent Agenda." END OF CONSENT AGENDA Chair Hardemon: Commissioners, is there a motion to approve the CA (Consent Agenda) agenda? Commissioner Suarez: So moved. Commissioner Carollo: Mr. Chairman, I'd like to pull CA.3. Chair Hardemon: To talk about or --? Commissioner Carollo: Yes. Chair Hardemon: We can -- I mean, we can still have the general motion to approve it all, and then have -- discuss CA. 3, if you like. Commissioner Carollo: Sure. Chair Hardemon: Okay. Commissioner Carollo: Sure. Commissioner Suarez: Unless you want to -- okay. Chair Hardemon: Right. So -- Commissioner Carollo: So sure. Chair Hardemon: -- the motion and second is to approve -- Commissioner Suarez: Sorry about that. Chair Hardemon: -- item CA.1 -- the CA agenda. Commissioner Carollo, you're recognized for CA.3. Commissioner Carollo: So in other words, I will second it with discussion. Chair Hardemon: Correct. Understood. City of Miami Page 26 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Commissioner Carollo: And with regards to CA.3, I just -- so 16 firms applied, and I just want to see if there was some type of ranking, or how was this firm chosen? Was there like a ranking? Is there a second or third behind the firm that the City Attorney chose? Victoria Mendez (City Attorney): Commissioner, we went -- basically, I did a committee within my office. We spoke about all the persons that sent in their proposals, and it was just based on conflicts, experience, fees, and all that was taken into account. And the top two we came up with based on the -- all the new people that submitted, it was first Weiss Serota; and second, we had Fowler White. Everyone else had either a conflict, the fees were high, they did not have the requisite amount of experience, and such. Commissioner Carollo: Thank you. Chair Hardemon: Any further discussion? Hearing none, all in favor of the motion, say "aye"? The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 27 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 PH.1 2290 Department of Public Works PH - PUBLIC HEARINGS RESOLUTION TO BE DEFERRED A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "RESIDENCES AT VIZCAYA," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: Item PH.1 was deferred to the July 27, 2017 Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing item PH.1, please see "Order of the Day." City of Miami Page 28 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 PH.2 2335 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) 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, IN THE AMOUNT OF $15,000.00 FROM THE FISCAL YEAR 2016-2017 CITY MANAGER'S RESERVE, WITH $100,000.00 PROPOSED IN THE NEXT YEAR'S BUDGET, IN A TOTAL AMOUNT NOT TO EXCEED $300,000.00 FOR THREE (3) CONSECUTIVE YEARS' FUNDING OF $100,000.00 PER YEAR FOR THE PROGRAM YEARS FROM JUNE 2017 THROUGH 2020, TO CITY YEAR, INC., A U.S. INTERNAL REVENUE CODE SECTION 501(C)(3) NOT -FOR -PROFIT ORGANIZATION ("CITY YEAR"), FOR ITS CITY YEAR MIAMI PROGRAM WITHIN THE CITY ("PROGRAM"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A GRANT AWARD AGREEMENT WITH CITY YEAR, AND ANY AND ALL OTHER NECESSARY DOCUMENTS, EXTENSIONS, MODIFICATIONS, RENEWALS, AND AMENDMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE THE GRANT ALLOCATION AND TO IMPLEMENT THE CITY'S PARTICIPATION IN THE PROGRAM. ENACTMENT NUMBER: R-17-0273 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: For further minutes referencing item PH.2, please see "Public Comment Period for Regular Item(s)." Chair Hardemon: Is there a motion to approve the Public Hearings agenda? Commissioner Suarez: So moved. Chair Hardemon: It's been properly moved; seconded by the Chair to approve the Public Hearings agenda. Is there any discussion about the Public Hearings agenda? Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: The only issue I have, PH.2 -- City Year, I think they're a great organization, and I really am glad that we are teaming up with them. The only issue that I have is instead of doing it for three years, I would like each year to come back to the City Commission for approval. So to do it for one initial year; and then for the following two years, to actually come for the City Commission for approval. City of Miami Page 29 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Chair Hardemon: So it'll be a modification to the resolution. Daniel J. Alfonso (City Manager): That's fine, Commissioner. We're putting it -- obviously, it would require it to put into the budget each year. We could certainly bring it back separately each year to this Commission. That's not a problem. Commissioner Carollo: Right. And that's my issue; that I don't want to -- There's been discussion on where we're going to be in the next budget year -- Mr. Alfonso: Right. Commissioner Carollo: -- and the following one, so I don't want to start already crippling -- Mr. Alfonso: I understand. Commissioner Carollo: -- other budgets. So that's where I want to do it on a year - by -year basis. Mr. Alfonso: So we're approving through this first year. Commissioner Carollo: Yes. Mr. Alfonso: And then for 2018 -- '17/18 -- Commissioner Carollo: Let it come back. Mr. Alfonso: -- we'll bring it back. Commissioner Carollo: Yes. Mr. Alfonso: You got it. Chair Hardemon: So the mover and the seconder will accept that modification. Todd B. Hannon (City Clerk): And, Chair, it's my understanding that PH.3 needs to be amended, as well. Commissioner Suarez: That's Commissioner Gort, I think, item. Victoria Mendez (City Attorney): PH.3 -- Chair Hardemon: Oh, it is. Ms. Mendez: -- is amended; just taking the sponsor information from District 4 to District 1. Chair Hardemon: The mover and seconder will accept that, as well. Any further discussion? Seeing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Hannon: As amended. City of Miami Page 30 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 PH.3 RESOLUTION 2221 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) 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 ("CITY"), FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 1 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $10,000.00, TO MIAMI BRIDGE YOUTH AND FAMILY SERVICES, INC., FOR GENERAL PROGRAM FUNDING; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE THE ALLOCATION. ENACTMENT NUMBER: R-17-0274 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: For minutes referencing item PH.3, please see item PH.2. City of Miami Page 31 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 PH.4 RESOLUTION 2389 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S DETERMINATIONS, FINDINGS, AND RECOMMENDATIONS, ATTACHED AND INCORPORATED AS ATTACHMENT "A," PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") AND SECTION 18-182 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") WAIVING THE REQUIREMENTS (A) FOR SAID PROCEDURES, AND (B) FOR A RETURN TO THE CITY OF MIAMI ("CITY") OF FAIR MARKET VALUE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND THE UNITED STATES DEPARTMENT OF VETERAN AFFAIRS ("VA"), TO TRANSFER TO AND SELL TO THE VA, WITH RESTRICTIONS AND REVERTERS, THE PROPERTIES FORMERLY KNOWN AS THE CIVIC CENTER AND AS WAGNER SQUARE, LOCATED AT APPROXIMATELY 1455 NORTHWEST 17 STREET WITH THE FOLIOS 01-3135-087-0010 AND 01-3135-087-0012, MIAMI, FLORIDA, CONTAINING AN APPROXIMATE TOTAL LOT AREA OF 42,309 SQUARE FEET, AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED (COLLECTIVELY, "PROPERTY") , FORA TOTAL PURCHASE PRICE OF THREE MILLION SIX HUNDRED THOUSAND DOLLARS ($3,600,000.00) ("PURCHASE PRICE"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, EXTENSIONS, MODIFICATIONS, RENEWALS, AND AMENDMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCOMPLISH AND TO EVIDENCE THE FOREGOING AS MAY BE REQUIRED FOR IMPLEMENTATION OF THIS RESOLUTION AND AT NO COSTS TO THE CITY. ENACTMENT NUMBER: R-17-0275 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: For further minutes referencing item PH.4, please see "Public Comment Period for Regular Item(s)" and item PH.2. END OF PUBLIC HEARINGS City ofMiami Page 32 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second 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. ENACTMENT NUMBER: 13686 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: For further minutes referencing item SR.1, please see "Public Comment Period f or Regular Item(s)." Chair Hardemon: (UNINTELLIGIBLE) June 8, 2017 meeting back in order. Our first order of business is SR.1. Madam City Attorney, can you read it into the record? Victoria Mendez (City Attorney): Thank you, Chairman. We will now begin the Planning & Zoning portion -- Chair Hardemon: No, no, no. SR.1. Ms. Mendez: Oh. Chair Hardemon: Read into the record SR.1. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: I'd like to -- Chair Hardemon: Discussion? Vice Chair Russell: Yeah, sure. I'd like to start by moving the item. Commissioner Carollo: Second. City of Miami Page 33 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Chair Hardemon: Properly moved and seconded. You're recognized, Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. Gentlemen, in Miami, we know there are two Miamis. There is the market rate Miami, which is a great help to our tax base, and we appreciate that, but they are doing just fine. The other half of Miami that really needs our help and attention has a reality where, as we know, the rent is too damn high, and it's hard to find a place to live in Miami; and when you have to move and find a new place, it can be even harder. And this is a big thing that contributes to the breakup of families, of neighborhoods; people get scattered to the corners of the County. And this is where our responsibility comes in to speak and be a voice for that part of the community and make sure they are protected and find whatever is reasonable and legal, and within our power to avoid those situations from happening; and certainly, from avoiding more homelessness in our community. I think everyone would recognize that housing is a crisis and homelessness are a crisis, and they are intertwined. For us to not help where we can is to contribute to the problem. And seeing that Miami Beach, 23 years ago, already did make this exact change that we are making, to the word, and the Attorney General at that time gave an opinion upholding that decision by the Beach to say that, as this is a supplemental change that we're not statutorily preempted from doing this, so this should not cause any legal challenge, and to my knowledge, it has not caused any legal challenge out on the Beach. Basically, this does officially take - - add two more weeks to that 15 days; and if it does take a -- add a few more days beyond that, I'm -- you know, it's still rent to the landlord, and it's -- I know it's not a necessarily perfect situation, but it's the side of the situation I'm on, and I think we need to be on. Certainly, I have this situation very acutely right now in some parts of my district and I know that you do, as well, and I believe this could be a solution that survives legal challenge; that makes sense; that does not cause suffering to the landlords, but could be a big sense of relief for those who are at risk of homelessness or moving to someone un -- someplace where they don't want to go, simply because they have to move fast, and so, I look forward to your support in this. Commissioner Suarez: Mr. Chair. Chair Hardemon: You're recognized. Commissioner Suarez: Yeah. I'm a real estate attorney, and, you know, so I didn't realize that it was even possible until this was advanced that we could change the State Statute, and I voted for it on first reading. I know that there were some members of the -- I guess it was the Commercial Real Estate Association or something that came up and expressed some concerns, and had proffered some amendments. And I do think there's a little bit of a difference when someone, for example, doesn't pay versus when someone does pay; in other words, when somebody's actually paying, because what happens is there are situations where you have a lease, and that's one situation; and then, there are situations where either someone is not -- is a tenant without a lease or they're what they call "a holdover tenant"; in other words, they'll -- the lease ends, and that person has continued to stay beyond the lease, and then what happens there is it creates what's called a "tenancy," and that tenancy is based on the number of payments or the schedule of payments. So if the payment was being made on a monthly basis, then the tenancy is a month -to -month tenancy. If the payments are made on a smaller basis, like, let's say, a weekly basis, then it creates a week -to -week tenancy. And so, I -- you know, I think you were talking earlier about -- sort of the law of unintended consequences, and sometimes you try to do something in good faith, and I think you are absolutely acting in good faith, and you maybe set off a couple of consequences that maybe were unintended. One of them is -- you know, I think there's a difference between giving someone more notice when they're paying and they're doing everything right, and they just -- and you just -- the landlord has the right, just like everybody who has private property has the right to say, "Okay, I'm ending this tenancy. I want to move City of Miami Page 34 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 back into my house," or whatever the case is, whatever the reasons are versus someone maybe that's not paying, and that person also has the right -- just like the tenant has a right -- certain rights -- the landlord also has certain rights, I mean. So I know that they had sent me -- they had proffered some amendments, one of which was con -- they have this whole notion of consecutive days. I think somebody brought up an interesting issue about February doesn't have 30 days, so it stands to reason that you may not be able to cancel it in February, because it has, at most, 29 days. Chair Hardemon: But you could, in fact, cancel it, starting in January and still meet 30 days, and it can end in February, so this is like the minimum thing. When you look at the statute, the statute says that you need not less than seven days' notice for week to week; not less than 15 days' notice from month to month; not less than 30 days' notice from quarter to quarter. So it doesn't say that you have to give 30, but you have to give at least 30 -- right? -- not less than. Commissioner Suarez: So you're saying they could cancel it for February 28 on January 27? Chair Hardemon: Yeah. Commissioner Suarez: Or on January 28? Chair Hardemon: Or something in January. One (UNINTELLIGIBLE) in January. Commissioner Suarez: Right. All right. I mean, I guess that's a good counter. Commissioner Carollo: You lawyers. Commissioner Suarez: Yeah. I mean, I've always worked with the statute, and it's always worked fine. But, look, I did not -- Chair Hardemon: No, we took it duly -- Commissioner Suarez: -- know till today -- and I don't think this came out on first reading -- that Miami Beach had this law on the books and that it had engendered any litigation. I didn't know that. I mean, I had not known that, so. Vice Chair Russell: So, Mr. Chairman -- and thank you, Commissioner. The State's Attorney gave their opinion -- this was Robert Butterworth -- in 1994. Commissioner Suarez: Yeah, (UNINTELLIGIBLE). Vice Chair Russell: Yeah. Commissioner Suarez: Yeah. Vice Chair Russell: The Attorney General, I'm sorry; the AG (Attorney General) of Florida. And it was the exact same situation, based on the exact same wording that we're offering here. And the question was -- A residential tenancy without a specific duration, which the rent is payable on a monthly basis, may be terminated by either landlord or tenant by giving not less than 30 days' written notice prior to the end of the monthly period. So the question was, Is this -- you know, "Is this preempted? Can we do this?" And their opinion was, "I'm of the opinion that the City of Miami Beach may enact local legislation extending the notice requirements for the termination of a tenancy without a specific duration." So we believe that we do have the backing here to say that this is legally strong. Are there unintended consequences that we consider? I've been open to that and I have seen those amendments, and I've really tried to work with Ron Book, who's -- and his staff -- City of Miami Page 35 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 who also spoke here today have been proffering some of these amendments, trying to see if there's a middle ground that preserves rights of some landlords, as well. This does not have to do with nonpayment situations, nor evictions. This is completely separate from that, so any argument that has to do with that should not be considered, in my opinion. This is for month -to -month paying, just giving notice of when you want to stop and when you want them to move out, and 15 days is not a lot of time to find a new place. Chair Hardemon: So what's interesting in this is that for termination of tenancy without specific term, there are four different types of terms that is described in the statute. You have a tenancy from year to year, a tenancy from quarter to quarter, a tenancy from month to month, and a tenancy from week to week. The legislation that we have is specific to the third one, which is the month -to -month tenancy. So if you're a tenant from week to week, it's still not less than seven days' notice, right? If you're -- Vice Chair Russell: I don't believe so. Chair Hardemon: That's what it -- that's what I'm reading. Vice Chair Russell: The wording says any -- with any -- providing that residential tenancies without any specific duration -- Chair Hardemon: Right. Vice Chair Russell: -- so it could apply to any of them. Chair Hardemon: So -- Vice Chair Russell: So the minimum would be 30 for -- across the board, right? Chair Hardemon: Not -- that's not what I read. So basically -- The title of that section is, "Termination of Tenancy without Specific Term." Vice Chair Russell: Yes. Chair Hardemon: And it reads: The tenancy -- this is the Florida Statute -- 'A tenancy without a specific duration," as defined in Section 83.462 or 3, "may be terminated by either party giving written notice in the following manner, described in 83.564, as follows." So it -- then it goes to 1, 2, 3, and 4. Number 1 is: When tenancy is from year to year or not -- by giving not less than 60 days. Number 2: When tenancy is from quarter to quarter by giving not less than 30 days. Number 3: When tenancy is from month to month. And Number 4: When tenancy is from week to week. And so, the -- what you're proffering says: Tenancy -- let me see -- required. "A residential tenancy without specific duration in which the rent is payable on a monthly basis may be terminated by either the landlord or tenant by giving not less than 30 days." Vice Chair Russell: You're correct. Chair Hardemon: So it's very specific to month to month. Vice Chair Russell: Right. Chair Hardemon: So if the intent was to capture, you know, the tenancy from week to week, this is different from that; and then from quarter to quarter, it's certainly different from that, because what -- essentially, if you were doing that, you would say, quarter to quarter, it'd go from 30 days to 60 days; from month to month, it would go from 15 days to, say, 30 days; from week to week, it would go from seven City of Miami Page 36 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 days to 14 days. Like it -- that would be like the doubling up effect to give them much more time. So what you have here, I think is much more palatable than what it could be. I mean, it could be -- if you have a week -to -week tenancy, two weeks' notice; if you have a quarter -to -quarter tenancy, 60 days' notice. Vice Chair Russell: But the intent was to capture, really, the month -to -month folks, because I think that that's the standard the -- If you were to assume someone did not have a long-term lease, they'd be paying on a month -to -month basis, and those are the people that are at significant risk; and so, that's -- that was the intent of the legislation. Chair Hardemon: Any further discussion about it? Seeing none, all in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Todd B. Hannon (City Clerk): And for the record, that's as is; no amendments. Commissioner Suarez: Correct. Commissioner Gort: Correct. City of Miami Page 37 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 SR.2 ORDINANCE Second 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 SECTION 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 SECTION 11.5-32, ENTITLED "SUBPOENA POWERS", TO PROVIDE FOR THE REVISED PROCESS IN ISSUING SUBPOENAS; AMENDING SECTION 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 SECTION 11.5-35, ENTITLED "REVIEW AND APPROVAL OF ANNUAL BUDGET", TO PROVIDE FOR AN ANNUAL BUDGET NO LESS THAN ONE PERCENT (1%) OF THE APPROVED PERSONNEL BUDGET OF THE MIAMI POLICE DEPARTMENT WITH EXCEPTIONS AND BUDGET REQUEST REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13688 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Suarez NAYS: Carollo ABSENT: Gort Note for the Record: For further minutes referencing item SR.2, please see "Public Comment Period for Regular Item(s)." Chair Hardemon: SR. 2. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: I'd like to move it and offer an amendment. Commissioner Suarez: What's the amendment? Chair Hardemon: What's the amendment? City of Miami Page 38 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Vice Chair Russell: The amendment is regarding the budget; rather than 1 percent of the Police Department's total personnel budget, to actually clan fy that it's of wages; the wages expenditure of the personnel budget. Commissioner Suarez: What does that equate to? Vice Chair Russell: According -- My understanding from the City Manager is that would equate to the 1.1 per year; at least the 1 -- Commissioner Suarez: Point 1? Vice Chair Russell: -- right at our current -- Commissioner Suarez: Second. Vice Chair Russell: -- budget. Commissioner Suarez: 1.1? Chair Hardemon: There's some -- Commissioner Suarez: Second. Chair Hardemon: -- friendly, some of -- Are there any other friendly amendments that anyone would like to make? I know I have a -- Commissioner Suarez: Go ahead. Chair Hardemon: -- I have one; maybe a couple. Well, the first is that, you know, I'm a stickler for quorum requirements, and so this, as presented, if you look at Section 11-5-30, what it does is it reduces the quorum. So basically, it changes it from "shall con" -- "A quorum shall consist of -- it changes it from seven to a majority of the seated members of the CIP (Civilian Investigative Panel); and so, then, by that token, you would have a fluctuating quorum and a reduced number that would equate to a passing vote. So the 13 members of the -- if there are 13 members of the board and seven is quorum, then you need four. If you only have seven members on the -- of -- If you only have seven members that are seated, then quorum is reduced to -- well, quorum is at four. I'm sorry. If you have six, then quorum is reduced to -- quorum is at four. If you have five, quorum is reduced to three, and et cetera, et cetera; it keeps going down. So I think that's something that we should avoid, so what I want -- I would like to do is have it go back to what it originally was, which was that quorum shall be seven members of the CIP; so basically, strike the changes that they want to make in that section. Vice Chair Russell: And so, then the remedy would be make sure all the seats are filled. Chair Hardemon: Right, that would definitely have to -- We have to make sure that they have at least seven members there. So that's the first thing that I want to consider. And then the other thing, I think is something that I'd especially like to pick the brain of Commissioner Carollo about. The last time we talked about this issue -- this is the budget, the budget section of it. Right now, it states that the budget shall be no less than 1 percent of approved wages -- I'm sorry -- well, approved -- whatever it was that we just spoke of. Commissioner Carollo: Salary; only salary. Chair Hardemon: Right. So shall be -- City of Miami Page 39 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Vice Chair Russell: I'm sorry, say that one again, the amendment. Chair Hardemon: Before, it states that -- well, it does state today that the budget shall be no less than 1 percent of what you just described. Vice Chair Russell: Yes. Chair Hardemon: And so, part of what the discussion was at the last we spoke about this was how was it that -- you know -- Should the budget just go up exponentially with the increase in budget of the Police Department, or is it -- that's something that we need to look at and say, "Do they actually need this increase in funds?" because the question is, just because the Police budget grows, should the CIP budget also grow incrementally that -- in that same fashion? And so, what I thought about was, one, an annual budget that shall -- how did we --? I have it right here -- an annual budget that may be up to 1 percent, so we can give them 1 percent, you can give them up to 1 percent of the Police budget; and then, two, some sort of language that allows the Commission to determine whether or not a budget increase to a specific level, like up to that 1 percent is absolutely necessary. So, like some of the language that the City Attorney provided was where the -- specifying how the spending would be commensurate with the central functions of the CEP -- CIP so that the City Commission would use any available benchmarks, financial information, fiscal indicators, et cetera, to review the CIP's previous annual budget, and to have the opportunity to adjust the CIP budget accordingly. So what that means, basically, is that, yes, we can give up to 1 percent of the personnel budget or salary budget, however you call it, but the question -- What would have to be shown is that there's a need for that budgetary increase, and if they're able to demonstrate that need for the budgetary increase, then we grant them the money. And especially where -- And I think the only way that you could probably do that -- because if you give me a million dollars to budget, I will budget a million dollars. If you give me 1.5, I will budget 1.5. So the question it really comes to -- it's kind of like a lookback. So when you were budgeted at the million dollars, we look back to your million -dollar budget and say, "Did you spend that money from what you budgeted for?" And if you did not, then maybe that increase to 1.5 isn't necessary. Vice Chair Russell: Yes, sir. Commissioner Suarez: So I have an idea, but that's a second part to something that Commissioner Carollo brought up in the next -- in the last meeting, which is -- and I talked to them when I had meetings with them privately -- or not privately, but in the office. There's a difference between, obviously, budgeting and spending, right? And so, you can budget whatever you want. If they don't spend it, you know, what happens there? I think what we're trying -- what we were wrestling with was the minimum level of funding; in other words, what is the minimum that we can give them for them to do their Charter -mandated functions? Chair Hardemon: But the question is, what's necessary to be the minimum? Commissioner Suarez: Wait. Chair Hardemon: Okay. Commissioner Suarez: So that's question number one to -- in my opinion. The second question is, how does that number potentially change over time, or should it change over time? So that's my second question. So if you put it to, for example -- I forget what exact -- how exactly you -- the salaries, I guess, is what you said. Vice Chair Russell: Wages, yeah. City of Miami Page 40 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Commissioner Suarez: Wages. Then if wages go up, that minimum number goes up. Chair Hardemon: Right. Commissioner Suarez: And that not -- that doesn't necessarily correlate with, potentially, the work that they have to do. Vice Chair Russell: Right. Commissioner Suarez: So that's the question that I had. So there is another way -- In my opinion, there's another way to solve it, which is to say, for example, that the minimum level today, we think, is 1 percent of today's wages, which is 1.1, which would automatically give them an additional $300, 000 or more from what their budget is. It actually is more than $300, 000, I think. What's the current budget? Vice Chair Russell: A little over, yes; from 700, 000-something to 1.1. Commissioner Suarez: Right. So before 100, 000, right? So -- but that says we -- you can hire the number of investigators that you need, and you can hire the public policymakers that you need to promulgate the public policies to have a functioning CIP. So today, that number is good. Whether that number increases or decreases, instead of it being pegged to salaries, which is not really a great correlation, for purposes of future growth or future shrinkage, maybe it should be pegged to volume of complaints -- okay? -- because -- and I'll explain to you what I mean. If volume of complaints go down -- okay? -- that doesn't mean you can go below the floor. You still have that floor of 1.1, which is the peg floor. If volume of complaints go up significantly -- let's say, for example, our department doubles in size, and you have a lot more work, a lot more volume of complaints, then at that point, it could increase, based on the volume of complaints. What we've seen is actually an interesting narrative that they brought to my attention, which was, "Look, we have more officers than we've ever had, but complaints have actually gone down." And so, I think there's two components against this. The first thing is we're right -sizing their budget. We're saying, "Hey, we think you need more money to do your mission, so we're going to give you this minimum level." We could budget more. This is the minimum level. Chair Hardemon: But even at 1 percent -- but -- I don't want to confuse us by saying that -- When you say, "a minimum level at 1 percent," that's minimum. That 1 percent doesn't change, but the amount of money that it represents will change. Commissioner Suarez: Right, but that's what I'm -- We don't have to do that part is what I'm trying to get at. Chair Hardemon: Right. Commissioner Suarez: You could do 1 percent of the salaries today, which is 1.1; that's the minimum level set; that's the floor; cannot go less than 1.1. Now, go -- that floor increasing -- you can always -- you can do 1 point -- I mean, you can do whatever you want, but that's the floor, okay? Now, the floor can only go up. It won't be pegged to salaries, because salaries can go up and have no correlation with the vitality or the vibrancy, or the leadership of the Miami Police Department; instead, maybe the pegging thing should be number of complaints. I'll give you an example. Let's say -- I'm going to use a fictitious number. Let's say we got a thousand complaints last year, right? If we set this floor at 1.1 -- right? -- assuming they spent it, which is a whole 'nother issue, which I'll let you -- if you want to get into it, I'll let you get into it -- but assuming they spend it. Let's say the volume of complaints next year goes down to 800, okay? The floor still remains at 1.1, because that is the minimum that we feel we should spend so that they can fulfill their Charter -mandated mission. But let's say the number goes from a thousand to 1,400 City of Miami Page 41 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 or 1,500. Their complaints have gone up; their volume of complaints that they have to investigate has gone up by 40, 50 percent. That's a lot more work that they have to do, and so, maybe the floor should go up in comparison with the number of complaints. What we're seeing is the opposite actually happen. We have more officers than we've ever had -- 1,400 officers -- and our complaints have actually dropped, which, to me, I think is a testament to the work that our Chief is doing, and the culture that he's created; that's just my personal feeling on it. So I think we're -- I think we need to do two things. One is, set the floor, which I think you've articulated a good way of setting the floor; and then, the second thing is setting what we peg the increase of the floor to. Do we peg it to salaries? Well, I'm not so sure that that's the right thing to peg it to. Or do we peg it to something that's more related to their mission, which is complaints? Vice Chair Russell: Mr. Chairman. I'm sorry. Do you want to --? Chair Hardemon: Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. So if you want to look at it and maybe have a -- some type of correlation with complaints, complaints have actually gone down. Commissioner Suarez: Right. Commissioner Carollo: But they're going to receive an additional three, four hundred thousand dollars. So right off the back, I want to say, "Okay, what's the justification for those additional three or four hundred thousand dollars?" The biggest issue I have with this is, once again, the accountability. Let's say our police officers are doing a very good job, complaints are down, we want to give them a raise. Automatically, the Civilian Investigative Panel receives some additional funding. There's no justification whether they need it, how they're going to use it, or any of that, and I think there needs to be some accountability; that is wrong. Commissioner Suarez was right. In the years that I've been here, there hasn't been a year that the Civilian Investigative Panel, during budget time, hasn't come and requested additional funding; yet, year after year, I've been able to show that they had carryover monies that they actually did not use, and that's how sometimes we gave them additional monies, because we used some of the monies that they didn't use from previous years, added it to the current year's budget, leaving it the same, and that's how they received more monies. So again, the key issue I have with this is the accountability. If they need -- if they genuinely need the money, then come before us or just that, but because we want to give our police officers a raise, I don't think should be a direct correlation with Capital Improvement [sic] receiving additional fundings, with no justification or accountability on why that extra funding needs to go there; it's as simple as that. Commissioner Suarez: You know, there -- and let me just say that another way we can look at it is, you know, we're trying to solve this whole problem in one piece of legislation, and maybe the way to do it is to sit -- because, remember, this is an ordinance, so ordinances can change. And so, maybe the thing is to say, "Look, we feel that they've made a compelling case to increase their minimum funding, okay?" So we're willing to peg their minimum funding to 1.1 -- right? -- which is 1 percent of today's, you know, salaries, and just leave it at that; that is the minimum funding. And now, we can come back next year and we can analyze their budget to actual, and if their actual is 900 -- which, by the way, I've told them, you know, "One of your issues is you're going" -- "You're make" -- "taking a big jump in one year." I had mentioned maybe phasing it in over a couple of years, because now, all of a sudden - - Like you said, you can budget whatever you want, but the question is, what are you going to spend? And so, if their budget to actual is less next year, then whoever is on the Commission could say, "You know what? Maybe we should reduce their minimum funding level from 1.1 to whatever it is that they spent last year." City of Miami Page 42 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Commissioner Carollo: Mr. Chairman, I just don't want to get into a situation -- and I know it happens in government, in various departments -- where it's towards the end of the year, "Hurry up and spend, hurry up and spend, we have to spend it; if not, we're going to lose it." And I don't want -- I want to make sure that culture doesn't happen. And you're correct. Listen, if you recall, the Independent Review Committee, you know, was something that I brought to this Commission, and we made, you know, a decision as a whole. And I've brought some of those recommendations back, and were approved unanimously. We didn't approve all of them, and I guess that's why we're taking up this and some of the other ones. So it doesn't have to all be at once. Commissioner Suarez: Right. Commissioner Carollo: I do -- I have a problem with the accountability and the justification. I -- there needs to be some sort of mechanism where we approve monies that they actually need and will use, as opposed to automatically getting additional funding. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. Thank you, and I appreciate those points, and I'm writing them down as we speak, because some absolutely do make sense. I don't want to revisit this every year, because it's a very difficult decision for us to make. What we basically are saying by even having a CIP, in general, is that we're not perfect, and the people who are meant to be respected and defend our City on the frontline are not perfect. And that's a very hard thing to say, but we are human, and transparency is of the utmost importance in protecting not only those officers and the residents and the relationship between them, and the more we strengthen a department that's meant to create that accountability and transparency, the better we are in the long run as a city, as a community that gives respect to the police and still has the accountability of a citizen -led group, but it's a difficult thing to look at every year and justify. Now, at 1 percent, if it comes out to 1.1, that's the minimum we're talking about, because they are underfunded at 700, 000. I've been over there, and it's not "CSI Miami"; it's more like 'Mayberry Sheriff Department," and they are underfunded, and they need the resources. I do believe that it can be correlated to basically the number of officers that we have, and that was the intent of pegging it to salaries. Now, if a salary increase without an increase in officers increases their budget unnecessarily, I do understand that. And so, what I would be open to as an amendment, perhaps, which achieves that goal is the 1.1 base, and an increase based on an increase in manpower, the active service manpower that would be affected by the accountability that they're meant to represent, and that way -- You know, it's a little different than what you're saying, Commissioner Carollo, because I know you're looking for, "What did they spend each dollar on?" And I think we should see that at the end of each year, to see if they're spending it correctly, so we can go back after that year and say, "There's been abuse. There need" -- "We need a CIP for the CIP." But to look forward and say, "What will you spend it on?" it's very hard to say, and it's going to be based on complaints and it's -- and the assumption here will be that the more manpower we have, the more need there may be; and so, that's why I'm recommending it this way, and just -- I would agree to the amendment on the quorum request from the Chairman, but on the budgeting method, I haven't yet heard the one that fits -- Commissioner Suarez: Mr. Chair. Vice Chair Russell: -- other than the one that's proffered in the amend -- in the ordinance. Commissioner Suarez: Yeah. City of Miami Page 43 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Chair Hardemon: Suarez, then Commissioner Carollo. Commissioner Suarez: So I think we're heading in the right direction. I'm definitely okay with the minimum level going up, because I think they've made a compelling case that they need more resources to fully fulfill their mission. And I think part of this whole process was creating independent funding for them, which is not an easy thing to do. We struggled with it in the Charter Review Committee. It was, I think, a 4-4 vote there. I mean, it was very contentious there. And I warned them -- I said, "You know, this is going to be contentious at the Commission." I sort of could tell based on discussions that we've had that this would be the one thing, so I'm good with the 1.1. I think number of officers is better, certainly, than salaries, okay? I would say this to a couple things on that: One is, we could have -- I think this year, we're going to have 220 retirements or something like that, or the next year. Are -- we're done with the mass retirements? Unidentified Speaker: (UNINTELLIGIBLE) 90 (UNINTELLIGIBLE). Commissioner Suarez: 90? Daniel J. Alfonso (City Manager): We got about 90 at the end of this year. Commissioner Suarez: So the -- so what I'm saying is it -- the number of officers might go down -- might -- even though we budgeted for a certain level. And I think they've done a great job, and I want to commend Major Aguilar, who is in the back there, for keeping us at full employment and a little bit more, so that's just something to put in your mind. The other thing is I do think that there is a correlation between good police practices and reduced complaints, and bad police practices and increased complaints. I mean, we've seen that in the chart of complaints over a 10- year period. When we were doing things that created the Justice Department investigation into the City, we saw the complaints skyrocket. When -- ever since then, you know, based on the leadership of our current Chief and maybe the preceding Chief our complaints -- even though the officers have gone up; even though they've gotten younger, the complaints have gone down, which I think is not something that you normally see. There's usually a correlation between younger officers and more complaints, for obvious reasons; they're less experienced. And they've done a great job, and the academy has done a great job of training officers in such a way that even though our department has gotten younger and we have more of them, our complaints have gone down, so just food for thought. I'm good with the minimum -- you know, the increase on the minimum; it's supposed to be a floor, for sure. We could just leave it at that and just say, "Look, that's the floor for the foreseeable future," and that is, I think, a significant win for them, because that's a $400, 000 boost to their funding, and just leave it at that. And if they want to come back later at some other point and say, "Look, we think the floor should go up for X ' 'Y,' or 'Z' reason," then -- you know, because remember, that is a floor. That doesn't mean that you can't budget above that; it just means you can't budget below that. Chair Hardemon: Commissioner Carollo. Commissioner Suarez: So a bunch of food for thought there. Commissioner Carollo: Mr. Chairman, thank you. But I still haven't seen the justification for the additional 400,000. And mind you, you could say, "Hey, we're going to hire additional investigators," okay? We have less complaints and you're going to hire additional investigators. Yeah, I guess you have the money, but I still haven't seen the justification for the additional $400, 000, and that's part of -- I guess the crux of my arguments from the beginning. City of Miami Page 44 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Chair Hardemon: And, Commissioner Carollo, I mean, yeah, because it's interesting. In the conversation, we talk about the floor and tying it to 1 percent. I've heard comments that, you know, other cities have done it; Chicago is one of the cities. Chicago found itself in a $665 million deficit. They have like -- they have a budget that's equitable to the County's budget, so it's a very large city, as we all know. But, certainly, if it's tied to certain percentages, then they can't manipulate that number, and it becomes burdensome for them to meet their -- Commissioner Carollo: That's my problem. Chair Hardemon: -- you know, their demands. And so, you know, this isn't a decision that -- You know, I think part of the reason we're having this conversation, as I heard, was because in the County, they defunded the CIP. Commissioner Suarez: Right. Chair Hardemon: And so, certainly, I don't think that anyone here is looking forward to defunding the CIP, but I guess the members of the CIP would say that they didn't expect it at the County, but they did it, right? And so, you're trying to find this money. But, sure, I mean, if you want to budget more dollars towards your organization, what are we getting for those dollars? Commissioner Suarez: True. Chair Hardemon: Are we getting additional staff so now the minimum staffing level is going from "X" to "Y"? Commissioner Suarez: Right. Chair Hardemon: And this "Y" includes "M, " "IV," "0," investigators, the way you described it, and that would, indeed, you know, call for an increase in the funds. And so, maybe there is a plan. And so, if you have that plan, we should probably hear it. Horacio Stuart Aguirre: We do, Mr. Chairman. Horacio Stuart Aguirre, as chairman of the Civilian Investigative Panel. With me here is Ms. Cristina Beamud, our executive director, and I'd like to invite Ms. Beamud to answer that question as to how we would wisely and justifiably use that additional funding that we've been lacking for some time. Ms. Beamud. Cristina Beamud: Thank you. Cristina Beamud, executive director of the CIP. It is true that the bulk of our activities in the past have been focused on investigations. However, the authority granted by ordinance to the CIP includes policy development and reviews of Police Department activities. To that end, it would be helpful to expand, first of all, our community outreach, because there are things that we do fairly well and things that, I think, because of budget constraints, we haven't done very well. That includes our community outreach, and that will cost money, either with a community outreach specialist, and community outreach activities. I probably don't have to explain to you, the Commissioners, how labor intensive and how many hours you spend and your staff spends with building communities within your constituent groups, so that would be number one. Number two, data analyst. It is often -- and I say this with a great deal of caution, but complaints are designed to discover or establish whether or not a single employee has done something wrong; that's why we conduct investigations. However, in the broader picture, it is not the best way to address deficiencies in any organization. And all of our organizations have deficiencies, so I'm not pointing fingers at the Police Department at the expense of anyone else. We all have systemic issues that we could do better; even our families do. So with data, with good data and a good data analyst, which does not come cheap, we could be more effective in making good recommendations to the City City of Miami Page 45 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Manager, the City Commission, and the Police Chief so that's another priority that I'd like to establish. I'd also like to expand upon the training that we provide for both the CIP members and the staff. If we were to do that in particular, the cost of a data analyst and a policy analyst that is to do more work on making recommendations and doing more community outreach, because we really should be making policy recommendations, not only based on professional opinions, but we should be doing it with the input from the community, so I would like to do those things. They would involve two substantial salaries, and that would be my plan if we were to get that money. So I hope that you will not consider the recommendation that this be tied to complaints. I just think it's a bad incentive for anyone to be driven by complaint numbers, either high or low; but particularly high, because it would create a situation where you would incentivize the filing of complaints. It makes no sense. Someone mentioned tying this to the -- Vice Chair Russell: Meaning that the more complaints there were, the more budget they would get, so they would welcome more complaints. That's the -- Ms. Beamud: Well, I wouldn't want to do that. I don't think that's a fair thing to do. Commissioner Suarez: Definitely not a fair thing to do. Ms. Beamud: Yeah. Okay, did I answer the question? Chair Hardemon: So you said you stated -- Mr. Stuart Aguirre: I'd like to have a closing word, if I may -- Chair Hardemon: -- a data analyst -- Mr. Stuart Aguirre: -- regarding the number of -- Chair Hardemon: -- or policy analyst, more community outreach training, and staff. Now, I'm assuming this staff is to be -- Ms. Beamud: And a policy analyst. Chair Hardemon: You said data analyst, policy analyst, more community outreach; more training, and I'm assuming that's for the board, the appointed board. Ms. Beamud: Yes. Chair Hardemon: And then additional staff. You didn't say -- I guess -- Or are you saying the staff is -- are -- is the data analyst and the policy analyst? Ms. Beamud: Yes, sir. Chair Hardemon: Are they one and the same? Ms. Beamud: And community outreach, perhaps; although we could -- or the staff can share those duties, but my priorities would be data analyst and policy analyst. Chair Hardemon: And have you created a budget that had the amount that it would cost you for those two positions? Ms. Beamud: Yes. I looked at some job descriptions and job postings; one out of Denver, one out of Chicago. The data analyst in -- between Denver and Chicago is eighty to a hundred thousand a year; that's what they're offering in their -- you know -- their website. And the policy analyst is between eighty and ninety-five thousand. And that represents salary costs; clearly, that would be a larger figure. I am told by City of Miami Page 46 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 the Budget and Management Department here that we would need to add up to 50 or 60 percent of the salary for other benefits. Chair Hardemon: And you have -- do you have -- In other CIPs that you know of do they have data and policy analysts? Ms. Beamud: Yes. Those figures were taken from job postings in Denver and Chicago. Chair Hardemon: For CIP --? Ms. Beamud: For civilian oversight; they're not called "CIP" -- Chair Hardemon: Right; they're civilian oversight. Ms. Beamud: -- but civilian oversight. Commissioner Carollo: Oh, and that's more than a police officer makes, so that means we could have two more police officers on the road. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. Vice Chair Russell: I'm comfortable that this is not a number pulled out of the air. I can hear that you've thought through this; that it is budgeted. If there is consensus that we've established that base at 1.1 would be a place to start from here forward -- Commissioner Suarez: As a minimum level. Vice Chair Russell: -- as a minimum level -- Commissioner Suarez: Yeah. Vice Chair Russell: -- where does that go from there? And like I said, I don't want to come back every year to -- you know, there's going to be cost of living issues; there's going to be changes in manpower. Commissioner Suarez: That's a minimum level. Vice Chair Russell: Understood. Commissioner Suarez: So we're not talking about the maximum level or the -- Vice Chair Russell: So would they do a requested budget every year, based on --? Commissioner Suarez: Yeah, exactly. And that's -- What we're saying is we're avoiding -- I think what the Chairman said, which is the County zeroed out the CIP, which, in effect, eliminated it. Vice Chair Russell: Mm-hmm. Commissioner Suarez: Right? So what they're saying is, "Look, we need a minimum level to fulfill our mission. We've agreed that that minimum level is a significant increase; 30, 40 percent increase from what they're -- we're currently budgeting them at. And they've made the case that it's going to -- that they need, in addition to additional investigators, they need public policy analysts to help them promote policies, which is part of their mission. And I would remind all of us, I think it's important for us to remember that this board was voted on by the people, and it was City of Miami Page 47 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 recently ratified by the people by -- to the tune of almost 70 percent. And we specifically did not put this in the Charter, because we did not want to hamstring ourselves to that level. And it wasn't -- again, there was a discussion there, but this is part of the process of them becoming independent; in other words, to be independent, they need to have the comfort that there is a minimum level of funding. And we -- I think we can safely say we've analyzed that. We've determined that the minimum level is adequately met with this. They can ask for more money in the future, and we can also increase the minimum level in the future if we decide. A future, you know, Commission -- Commissioners, maybe they decide, "Look, you know, the 1 percent rule works," after looking at it for two or three, or four more years. But, I mean, I think to create consensus here so that we can move forward, maybe the thing to do is to set the minimum level -- you know, we don't have a full Commission, as well -- and, you know, we take a vote and we move on. Vice Chair Russell: So I would -- then the amendment specifically would be -- Commissioner Suarez: Right. Vice Chair Russell: -- to set a level of 1.1 million as the number, or to set it to -- Commissioner Suarez: I would say that -- well, you could do that or you could say that it's 1 percent of the salaries -- Vice Chair Russell: Today's. Commissioner Suarez: -- but of this year -- Vice Chair Russell: Of this year's salaries. Commissioner Suarez: -- and that is the floor. And so, the floor does not change year to year; it just remains 1.1 for the time being. Vice Chair Russell: I would accept that amendment. Commissioner Suarez: Okay. And I'll accept that as the seconder. I think that's a compromise, guys. Victoria Mendez (City Attorney): So it would be the wages portion? Vice Chair Russell: Yes. Ms. Mendez: It's still the wages portion, so -- Commissioner Suarez: That's how you set the floor. Ms. Mendez: -- shall be no less than 1 percent of the wages -- Commissioner Suarez: Right. Ms. Mendez: -- expenditure of the personnel budget -- Commissioner Suarez: Of this year. Ms. Mendez: -- for -- at the time of this ordinance -- Commissioner Suarez: Right. Fine. Ms. Mendez: -- we could say. Thank you. Thank you. City of Miami Page 48 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Commissioner Carollo: Mr. Chairman, I see the Chief standing up -- Vice Chair Russell: Mr. Manager has some -- Commissioner Carollo: -- if you -- Mr. Alfonso: Not personnel. Wages. Chair Hardemon: Wages. Commissioner Suarez: Correct. Chair Hardemon: Chief. Mr. Alfonso: The salary. Ms. Mendez: Approved wages expenditure of the personnel budget. Mr. Alfonso: No; forget about 'personnel budget." Ms. Mendez: Okay, so how would you like it to state? Mr. Alfonso: Just say "wages in the Police Department." Ms. Mendez: Approved wages of the City Police Department? Mr. Alfonso: Yes. Commissioner Carollo: Chief? Rodolfo Llanes (Chief of Police): Mr. Chair, may I? Chair Hardemon: You may, after a quick question. When you say, "wages of the Police Department, "I don't know whether -- Mr. Alfonso: For police -- for sworn. Chair Hardemon: There we go, because I was about to say, is that included --? Mr. Alfonso: Yeah. No? No, no, we're using the number off the Police Department. Chair Hardemon: So you use -- Mr. Alfonso: Yes, we are. Chair Hardemon: -- so anybody who sits behind a desk that -- Mr. Alfonso: Yeah. That's how we set up the number in the first place. Chair Hardemon: Okay. Ms. Mendez: Words have meaning. Mr. Alfonso: Yes. Ms. Mendez: And then I cannot interpret it later, so I really need to know exactly. Is it the police officers on the street? Mr. Alfonso: No. City of Miami Page 49 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Ms. Mendez: Is it the people you have behind the desk? Is it --? That's why -- Mr. Alfonso: Madam City Attorney -- Ms. Mendez: -- so I need words. Wages of who? Mr. Alfonso: The wages of the Police Department. Ms. Mendez: Wages of the Police Department -- Mr. Alfonso: That's it. Ms. Mendez: -- includes everybody. Mr. Alfonso: Yes. Ms. Mendez: Desk people? Mr. Alfonso: Yes. Chair Hardemon: I don't have any of those like "dings," like -- Commissioner Carollo: You need to call a foul. Chair Hardemon: -- if it's a fight. Commissioner Carollo: You need a bell. Chair Hardemon: Chief. Chief Llanes: Thank you, Mr. Chair. Rodolfo Llanes, Chief of Police. I want to weigh in and say that I'm in support of the CIP, but I'm not in support of this ordinance. And so, the voters voted for more independence at our last chatter review -- Charter Review, but there's a lot of ambiguous language in this ordinance that concerns me. And I'm not going to weigh in on the budget, because that's your purview, and whatever you decide is their money, it should be their money. But, you know, there is an expansion in the language about subpoena power to include documents and other things, and I have voiced this before that we have a real issue with witness fatigue. Right? So when we have an investigation, the State Attorney subpoenas witnesses, we subpoena witnesses, FDLE (Florida Department of Law Enforcement) subpoenas witnesses. We're handing the same person four and five different witnesses to take four and five different statements, which turns out to be a problem for all of us. And in the end, this board is a recommendative [sic] board, so they're going to make a recommendation where FDLE can make an arrest; we can make an arrest, and we can take a personnel action. This is based on a recommendation. So I have a huge problem with the expansion of subpoenas. Another huge issue that I have is 90 days for policy review. Now, the changing of policy internally is a massive undertaking, and if you're going to hire as part of your budgetary process a policy professional, then expanding the time threefold, which you review a policy before the Chief can implement it is cumbersome, and "cumbersome" is light. So we already have a 30-day review by the CIP. We've now started to post our -- at the -- simultaneously, during that time, we post for public comments on our website. And so, I think 30 days is adequate. Beyond that really ties the hands of the chief executive of the organization to, in effect, change and change policy, and I don't think that that's what any of us want; and I don't think the CIP wants that, either. Included in the changes in the ordinance gives them the authority to review policies that are not being changed and make recommendations on those policies. And so, they have that ability. If they're going to hire a policy City of Miami Page 50 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 professional, they could look at all policy and make recommendations on policies that are not being undertaken to change. Then I don't see the necessity for a 90-day hold on effectuation of policy when it's already been vetted through the Police Department. Now, I'm going to strike that one, because I'm not going to talk about budget. And so, in the end, we have a board that is set to review the Police Department. That board has not been without controversy or issues themselves. Leadership is everything, and Ms. Beamud and her staff have really taken it to a different level, but Ms. Beamud is not going to be here forever, and this board could fall back into that time at any time. And so, you need to be able to -- not you, personally -- but somebody has to be able to say, "You guys have a problem," and you need to have a mechanism to fix it. Chair Hardemon: And when you say, "the board" are you describing the actual members that are a part of --? Because there's two bodies here we speak of. Chief Llanes: Right. Chair Hardemon: There's the board that's the citizen, if you will, or someone who's associated with the City; and then, there's the staff, who includes -- Chief Llanes: Correct. Chair Hardemon: -- Ms. Beamud, et cetera. But there have been issues with -- Chief Llanes: Both. Chair Hardemon: -- both. Chief Llanes: Right, exactly. And I'm talking about both; even both bodies have been -- have had issues. And so, there has to be a mechanism for somebody to be able to say, "You all have issues, and we need to fix them." Budget and money is your way to say, "We're going to fix it." And so, you know, when we effect issues of personnel action, we go through a number of review policies, through Civil Service or arbitration, or any of those things. When the board recommends something, they're not held to that same standard. And so, it's very difficult for the Police Chief to take a recommendation and say, "Okay, let's do that," because that's not -- that investigation is not subject to review and arbitration, or in Civil Service. And so, you get into -- and I explained before we started this process that there are other factors that affect Police and employee discipline, overall, in the entire City that you must take into effect [sic]. You can recommend that, "Hey, that we think that there was a violation here, and we think you should do something about it; that's what the recommendation is." However, it's very difficult if that isn't -- if there isn't a review process for that to be able to defend those kinds of investigations in front of a due process board. So that's what I wanted to weigh in. I have -- you know, those are the big sticking points that I have with this ordinance. The time frames -- there's other time frames there that are concerning, because you're extending past the 180- day statutory time that you have to discipline an employee, and should a recommendation come that you can actually effect discipline, you won't be able to, anyway. And so, if you extend that further, your recommendation is basically just that; a recommendation. And so, you have any questions for me, I'll be glad to answer. Chair Hardemon: What obligation are you under if the body gives you a recommendation? Chief Llanes: My obligation is to respond to that recommendation as to why it's valid -- or why I can take action or why I cannot -- Chair Hardemon: Do you --? City of Miami Page 51 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Chief Llanes: -- or why I disagree or I agree with it. Chair Hardemon: Right. So if you disagree or agree -- Chief Llanes: Correct. Chair Hardemon: -- are you bound to take an action or are you just bound to respond, saying you agree or disagree, and if you do --? Chief Llanes: I'm bound to respond. Chair Hardemon: Just bound to respond. Mr. Stuart Aguirre: Mr. Chairman, beg the privilege of rebuttal. Chair Hardemon: Mm-hmm. Mr. Stuart Aguirre: Thank you, sir. I start out by saying that I have a lot of respect for our current Chief of Police. As a matter of fact, when I had the opportunity of recommending a Police Chief to City Manager, I recommended Rodolfo Llanes. I stand by that decision. I'm very proud of it. I think I know a bit -- a thing or two about management. He is a good manager. I also understand that he leads an organization, a company like no other. He has 1,400 men and women who carry guns, have a lot of egos; have a lot of very separate types of education, backgrounds and orientations; and have been subject to a dossier, feet thick, of investigations. So, yes, the Civilian Investigative Panel does have issues, has had issues. It's a growing body; no different than the one in Tallahassee or the one in Washington, D.C. (District of Columbia) today. But we have never been under a Federal investigation. We have never had our members arrested, charged with murder, charged with felonies or crimes in the conduct of their business. Members of the Miami Police Department has. So I take offense at the suggestion that we are a troubled agency; that we are a problematic agency; that we're an agency with issues. Since I've been the chairman of this agency, we've had nothing but harmony, growth, steady stream focus on our mission, and applause from our community. Now, it is true that some complaint numbers are going down. I recommend to you that a lot of that is the leadership of Chief Rodolfo Llanes. I also suggest to you that a lot of that is the influence of the oversight of the Civilian Investigative Panel that is doing a job today that had never been done before. Thank you, sir. Chair Hardemon: That was beautiful. Mr. Stuart Aguirre: Thank you. Chair Hardemon: That was -- Mr. Stuart Aguirre: Thank you. Chair Hardemon: -- an awesome response. That was pretty good. Is there anyone else --? Unidentified Speaker: Sorry. Chair Hardemon: I don't think -- this is not a easy decision, by any means. So just to clarify, the motion that's on the floor is to pass the ordinance, with some amendments. One of the amendments is that the quorum requirement stays as the typical quorum requirement; that -- and the other would be that it's a floor -- Ms. Mendez: Chairman, I have actual wording now -- City of Miami Page 52 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Chair Hardemon: Oh, that's pretty good; let's do that. Ms. Mendez: -- drafted to get your blessing, which is: "The CIP shall be operated on an annual budget that shall be no less than 1 percent of the approved regular salaries and wages line item of the City Police Department general fund budget at the time of this ordinance." Commissioner Suarez: Right. And also, the quorum requirements, as specified by the Chair. Ms. Mendez: Yes. Commissioner Suarez: Agreed; agree with that amendment. Vice Chair Russell: Agreed. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Please. Commissioner Carollo: Can we sped the amount? Because I could see two or three years down the line -- Vice Chair Russell: Thank you. Commissioner Suarez: That's not a bad idea. Commissioner Carollo: -- where someone's going to have to look up to see at this point in time -- Commissioner Suarez: That's not a bad idea. Commissioner Carollo: -- what was the amount specified and --? Vice Chair Russell: We're working on the assumption that it's 1.1. If it ends up being different than that, we need to come back and talk. Mr. Alfonso: The -- Commissioners, the number that we had looked at more specifically was 1.173, the last time we looked -- Vice Chair Russell: I remember that number. Mr. Alfonso: -- but the budget is, you know, still in flux. But if you want to use that number right now, we can; 1.173, and we're done; we move on. Ms. Mendez: So right after "ordinance"; "at the time of this ordinance," in parentheses, we'll put, "1.173 million, " okay? Vice Chair Russell: Thank you. Chair Hardemon: So -- and a data analyst, so I'm assuming they're going to look at the data that comes to you through -- that you're gathering through, like your complaint system; is that what they're getting paid this money for? Ms. Beamud: It could include that. Complaints can be one source of information, but we could also be looking at data that's, for example, produced by body camera footage; we could be looking at number of arrests, in separate categories. For example, some oversight agencies have done some analysis of which officers do the City of Miami Page 53 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 most disorderly conduct, resisting arrest, or loitering types of offenses. These are discretionary, minor public nuisance offenses. That type of data is helpful, I think, to understand what's going on in the Police Department. Chair Hardemon: I always thought it was amazing, because, you know, as a Public Defender, much like State Attorneys, the salaries that we took on when we first started was just so minimal, and the Public Defender's Office, particularly, they hadn't had a raise in -- I don't know -- it was like 10 years or something when I came on. Well, now, it's about -- probably like 10 years. And so, I know the State Attorney's Office -- and I got upset most recently, because there was a raise that was included for the Public Defenders, which I believe were supposedly underpaid -- more underpaid per lawyer than the staff at Katherine Fernandez-Rundle's office. But -- so the work and the education level of those individuals who are lawyers, of course, is high, both in volume and in education. And I just never thought that -- you know, if you were really looking for money, which we weren't -- we're looking to help -- but if you're looking for money in the public sector, I mean, jobs like these, when you're paid $90, 000 to review data, that's pretty good on a bachelor's degree, yeah. But -- Commissioner Carollo: More than a police officer. Ms. Beamud: It's -- I don't think it's a bachelor's degree job; I'll check, but I don't think so. Commissioner Carollo: You don't need a bachelor's degree. Chair Hardemon: You probably don't. Commissioner Carollo: And they're making more than a police officer. Ms. Beamud: No, no, no. I was refer -- you would need a higher degree to do this kind of data analysis. But I'll -- I have it here; I'll check. Commissioner Carollo: I think you have all these police officers saying, "Hey, how can I get that job?" Vice Chair Russell: That job. Commissioner Carollo: And you have all these Public Defenders and State Attorneys saying, "Hey, how can I apply to that job?" Mr. Alfonso: The IT (Information Technology) world pays well, gentlemen. Commissioner Carollo: She didn't say anything about IT. Data analyst doesn't necessarily -- Chair Hardemon: Yeah, it doesn't necessarily denote IT; very correct. But here we are. I think -- Commissioner Carollo: I've known a lot of data analysts in my career. Chair Hardemon: She's now looking at you more so. Is there any further discussion about this item? Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. City of Miami Page 54 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Commissioner Carollo: Just in closing, listen, I have been a supporter of the Civilian Investigative Panel for quite some time. Like I said, when there was -- and I'll leave it at that -- issues within the Civilian Investigative Panel, I brought it here as a discussion item. We made a recommendation to do an investi -- Independent Review Committee, which was chaired by Judge Reyes, which did -- I think did a great job, and all the members did a great job. I brought some of those recommendations back to this board. We voted on them, and as a unanimous decision, but that doesn't mean that I agreed with all the recommendations; and there's some right now that I still don't agree with, so I will not be voting in favor. Chair Hardemon: You know, and this -- like I said, this is a hard one for me, and all it takes is two votes for this thing to fail, and that's why, you know, this is important that we have this conversation. But, I mean, I'll give you an example. I recommended a -- I know we talk about the number of people that we have on the board. I remember recommending a young lady for the CIP, who is a member -- she's a lawyer at the Public Defender's Office, and has been for longer than I was a Public Defender, certainly, and still is today. And I don't know the particular reason why she was not recommended, but she wasn't given as an option for us to select when we made our appointments, because, you know, we recommend -- we could recommend and they pick -- or some funny system. And, you know, so it boggles my mind sometimes when we say, "Okay, well, we don't have enough quorum, we don't have this, we don't have that," and I know, particularly, hey, I got some good people that are willing to do this work, and you don't get a chance to kind of see them in there. Ms. Beamud: If I could address that. Chair Hardemon: Okay. Ms. Beamud: The reason she wasn't selected -- and she was a extraordinary candidate; I would have loved it -- is because our ordinance requires that the person -- that each be assigned to different districts. And that candidate lived in Miami Beach and worked in District 1, and the opening applied to only people who owned property or worked, or lived in District 5. Chair Hardemon: The ordinance -- Ms. Beamud: So we couldn't make it fit. Chair Hardemon: When I look at the ordinance, the qualifications for the members of the CIP is that, "All members of the CIP shall either be permanent residents of the City, own real property in the City, or work or maintain a business in the City, except for the appointment of the Police Chief and shall have a good reputation for integrity and community services; shall have no record of a felony conviction." So I didn't see anything that made it -- Ms. Beamud: It's further down. I'll have to go back to my ordinance. It's the nomination and appointment section, where each -- the -- Chair Hardemon: I know that it says that the appointment of the CIP Nominating Committee -- "The Nominating Committee shall be composed of five members of the CIP, with one member representing each of the five City Commission districts"; doesn't necessarily mean that the district Commissioner has to make the appointment for his district. I mean, it typically happens that way, but that -- it certainly doesn't change if Commissioner Russell wanted to appoint someone from D5 and I wanted to appoint someone from D2; it could happen. So, yeah, I mean, I didn't see any other reason why, and I continue -- when I look at it now, I don't see a reason why. City of Miami Page 55 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Ms. Beamud: This ordinance was modified at some point in the past, long before I was here, because the complaint was that they had too many members who were representatives or lived, or owned property in District 2, and they were the overwhelming majority. And so, the Commission moved to change it to require the diversity of two members from each district, so that's why we have stuck with that. Chair Hardemon: And it still doesn't say that, though. Ms. Beamud: Well, I agree, it doesn't, but that's the way the Nominating Committee has conducted its business in order to propose fairness in terms of the distribution in the geographic diversity of the members of the CIP. Mr. Stuart Aguirre: And that's the Nominating Committee's interpretation of messages from several of you on one-to-one conversations; that you want to be able to see people from your district represented on the panel. Commissioner Suarez: I'm okay with that. Mr. Stuart Aguirre: But that's a good point, Mr. Chairman, and we can certainly be more flexible and communicative. Commissioner Suarez: I'm okay with her being on the panel even though she doesn't come from District 5. Vice Chair Russell: I'm sorry, I can't hear you. You look like you're about to sing a song. Commissioner Suarez: I'm okay with her being on the panel even though she doesn't come from the district. Chair Hardemon: All right. You fine gentlemen seem to believe that this is what you need -- and women; gentlemen and gentle women believe this is what you need. And so, I guess, you know, we'll have an opportunity to move forward. It's four of us here. I'll go with the Vice Chairman on my vote. So if we can, seeing as you want to -- you want less comment, time out? Chief Llanes: I really need -- Rodolfo Llanes, Chief of Police. I really need you to look at that 90 day. Vice Chair Russell: Let's talk about that then. Chief Llanes: That's a really big stickler for -- I need it moved back to 30 days. Mr. Stuart Aguirre: 30 days doesn't give us enough time, Chief you know that. How about 60? Chief Llanes: I'm not going to debate with you. Mr. Stuart Aguirre: No. 60, 60 days. Vice Chair Russell: Compromise. I'll amend it to 60. Mr. Stuart Aguirre: 60 days. Vice Chair Russell: Do we need a civility oath filed between the Police Department and the CIP? Commissioner Suarez: Why don't you cut the baby in half,• 45? City of Miami Page 56 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Chair Hardemon: What? Vice Chair Russell: But between 30 and 90 is 60. Chief Llanes: If I may, the CIP is going to hire a policy expert, and so, I don't see, with public comment and with 30 days, and a policy expert, which you've been -- the CIP's been accomplishing all this time, why extra time is needed. And so -- Mr. Stuart Aguirre: Give us credit for the heroics, okay? Commissioner Suarez: Let's do 45. Split it in half. Chief Llanes: I give you credit for heroics. You don't give us enough credit for heroics. So that's a big stickler for me, because that hampers the efficiency of the Police Department. Commissioner Suarez: Split it in half. 45. Chair Hardemon: Half of what? What is it? Half of --? Commissioner Suarez: Half of 90. Vice Chair Russell: Half of 90. Mr. Stuart Aguirre: How about 50? 50 days -- Commissioner Suarez: 45. Mr. Stuart Aguirre: -- 45 days. Commissioner Suarez: 45. Mr. Stuart Aguirre: I'll -- Ms. Beamud: I have to say this. The reason for the extension -- Commissioner Suarez: 45. Thank you. Vice Chair Russell: The mover accepts 45 days amendment. Mr. Stuart Aguirre: We take 45. Commissioner Suarez: Thank you. My goodness, don't you see what's going on up here? Are you guys not observing what's happening? Commissioner Carollo: Remember, you were the -- Commissioner Suarez: I know. Commissioner Carollo: -- sponsor of the civility -- Commissioner Suarez: I know. It's like -- Goodness gracious, Lord have mercy. Commissioner Carollo: And I do want to point out something. Even though -- and I appreciate, you know, the CIP Board, the chairman coming before us. I don't think there's ever been any question with regards to this Commission trying to weigh in, in their independence. So, you know, a lot of this, yes, I get it; we're trying to be more independent. But I don't think there's ever been an issue with this Commission trying to take that independence. And, yes, I know that Chicago was mentioned, but there's City of Miami Page 57 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 a lot of other very big and good departments that don't have this type of mechanism - - New York, Philadelphia -- so in all fairness, I just don't feel that there's a real need for it. If you actually do need more money, at budget time, you could always come. And like I said, all the past times that you have come, you have always requested additional monies. Every single time I've been able to show that you -- in your actual budgets, you had money left over, and we were able to use that money to add to your current year's in order for you to have the increase that you want. Chair Hardemon: The City retains the money that's -- that -- okay. Commissioner Suarez: Yes. Chair Hardemon: Got it. All right. All in favor of the item, say "aye." Commissioner Suarez: Aye. Vice Chair Russell: Ayes. Chair Hardemon: All against? Commissioner Carollo: No. Chair Hardemon: Motion passes. Commissioner Suarez: Thank you. Mr. Hannon: As amended. Ms. Mendez: And just to note, three amendments. We discussed the first two very well, and the third one was the 90 to 45 days. Vice Chair Russell: Correct. Ms. Mendez: Thank you. SR.3 ORDINANCE Second 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. ENACTMENT NUMBER: 13687 City of Miami Page 58 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo ABSENT: Gort, Suarez Chair Hardemon: Read into the record SR.3. That almost didn't work. Todd B. Hannon (City Clerk): Good afternoon, Commissioners. Madam City Attorney, I'll take it. The Ordinance was read by title into the public record by the City Clerk. Vice Chair Russell: I'd like to move it. Commissioner Carollo: Second. And the Chairman -- Chair Hardemon: It's been properly moved and seconded. Any discussion? Seeing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Commissioner Carollo: It's an ordinance, but -- Chair Hardemon: Say it again. Commissioner Carollo: I thought it was an ordinance. Mr. Hannon: Yes, sir. I read the title into the record, and you can vote it up or down. Chair Hardemon: No, he read it into -- yeah, he read it into the record. END OF SECOND READING ORDINANCES City of Miami Page 59 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 FR - FIRST READING ORDINANCES FR.1 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: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: Item FR.1 was continued to the July 13, 2017 Regular Commission Meeting. Note for the Record: For minutes referencing item FR.1, please see "Order of the Day." FR.2 ORDINANCE First Reading 1374 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 4/ARTICLES I AND II OF THE CODE OF THE CITY OF Planning and MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC Zoning BEVERAGES/IN GENERAL/NIGHTCLUBS"; MORE PARTICULARLY BY REPEALING SAID SECTIONS IN THEIR ENTIRETY AND REPLACING THEM WITH NEW SECTIONS 4-1 THROUGH 4-11; ADDING DEFINITIONS; PROVIDING FOR HOURS OF SALES; PROVIDING FOR AN APPROVAL PROCESS; PROHIBITING MINGLING; PROHIBITING ALCOHOL SALES DURING EMERGENCIES; PROVIDING REGULATIONS AND EXCEPTIONS TO DISTANCE SEPARATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: Item FR.2 was deferred to the June 22, 2017 Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing item FR.2, please see "Order of the Day" and "Public Comment Period for Regular Item(s)." END OF FIRST READING ORDINANCES City ofMiami Page 60 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 RE - RESOLUTIONS RE.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 EXECUTE AN EASEMENT AGREEMENT ("EASEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, ACCEPTING A GRANT OF EASEMENT LOCATED ON BRICKELL KEY FROM SWIRE PROPERTIES US INC, SWIRE PROPERTIES INC, AND SWIRE JADECO LLC (COLLECTIVELY, "SWIRE COMPANIES") TO THE CITY OF MIAMI ("CITY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE EASEMENT, TO BE UTILIZED AS A PUBLIC LINEAR PARK AND AS A PUBLIC WATER TAXI PICK UP AND DROP OFF LOCATION, WITH PURPOSES INCIDENTAL THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO EFFECTUATE SAID PURPOSE; APPROVING AND AUTHORIZING THE RECORDATION OF THE EASEMENT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO KEEP COPIES OF THE EASEMENT ON FILE FOR CITY RECORDS. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: Item RE.1 was deferred to the July 27, 2017 Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing item RE.1, please see "Order of the Day." City of Miami Page 61 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 RE.2 RESOLUTION 2233 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED MARCH 7, 2017, PURSUANT TO INVITATION FOR BID NO. 681384, FROM MCCOURT CONSTRUCTION, INC. (PRIMARY) AND SHASA ENGINEERING, CORP. (SECONDARY), THE TWO RESPONSIVE AND RESPONSIBLE BIDDERS, FOR COURT RESURFACING AT VARIOUS CITY OF MIAMI PARKS, ON AN AS NEEDED BASIS, 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 VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO SAID CONTRACTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0267 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Chair Hardemon: If I may -- Commissioner Suarez: Move SR. 3. Chair Hardemon: -- if you can turn to the page 2 of 3, if we can have a motion to approve maybe items RE. 2, 4, 6, with a comment from our Ethics -- Commissioner Carollo: Yes. Chair Hardemon: -- Department, and 7. Commissioner Suarez: So moved. Chair Hardemon: So it'll be 2, 4, 6, and 7. Commissioner Suarez: So moved. Chair Hardemon: Seconded by the Chair. Commissioner Carollo: Discussion. Chair Hardemon: During this discussion time, if I can have Mr. Centorino. I'm sure that's -- Madam City Attorney, you brought him here. I know he's not here just to watch. His time is much too valuable for that. He has people he pays just to watch. Welcome, sir. Madam City Attorney, I guess you can address -- Victoria Mendez (City Attorney): This item was sponsored by Commissioner Suarez, and it has to do with civility and an oath of office and amending that. We just City of Miami Page 62 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 wanted to ask Mr. Centorino if this is something that he'll be enforcing, or what the nature would be. Joseph Centorino: Thank you. Thank you, Mr. Chairman, members of the Commission. It's an honor to be here. Thank you for having me. This matter was something that was suggested really by the Commission on Ethics several months ago as a means of promoting civility in government. I think we all know that, you know, from time to time, things have deteriorated in government, generally, in terms of the way people behave and so forth. This is not directed at anybody or any particular board. You know, just in general, this has been an issue, you know. And it's been shown that where an organization has a civility problem or a lack of civility, it's more prone to ethical difficulties and ethical problems. It is only a suggestion. It was not mandated to anybody. It was something suggested to all municipalities and to the County. A number of municipalities have already adopted it, including City of Miami Beach, City of Coral Gables, and we expect others to be considering it and adopting it. It has no enforcement mechanism. That's the question I think that the City Attorney has gauged. It's not something that will be enforced by the Commission on Ethics. It's -- but it's still a serious issue. I mean, I think, when you take an oath, it's a serious matter, and, you know, it's not something to be taken lightly. And certainly, when people behave in a way that might be inconsistent with that, all it's -- it's incumbent upon a board like this to be self - enforcing, and to make it known that certain behavior is not acceptable, and that's what we would expect to happen. I don't expect the Commission on Ethics will be involved in any way in enforcing a -- you know, an ordinance like -- excuse me -- a resolution like this, which really depends on boards, like yourselves, maintaining a certain level of decorum. Chair Hardemon: And Mr. Centorino, I appreciate your comments. Part of the reason that I had a concern about it is because, of course, as a bar attorney in the State of Florida, we have added the civility clause to our oath. And the difference, though, is that in the State of Florida, this -- the Florida Bar, they will punish you if you're not being civil. I mean, this is something that they take very seriously. And so, when we added now a civility clause to the City Commission, or any other elected official here, for that matter, and then also this pledge of fairness, if you will, which I think is a term that escapes us many times -- because what's fair to you may not be fair to the next person. So, you know, when we think of those types of things, part of my fear was, how is it that someone would use that? When you read the oath, the oath doesn't give us -- and this is to the members of the board -- There is nothing in the oath besides the fact that you're pledging to respect the bound -- the authority of the State and the Federal and local laws. So when you add this mechanism to it, to me, in such a litigious society that we're in today, especially in the City of Miami, my fear was that we'll open ourselves up to these types of assaults; and one of which that I can reasonably foresee was one that is to the Ethics Commission, saying, "Hey, they made an oath to be civil, to be fair, to" -- "and to do these things, and I don't believe that they're meeting that oath," and then fry to enforce it in that fashion; much similar to how we have the Citizen's Bill of Rights that, you know, they use to enforce. And so, you know, these are part of my concerns. And certainly, I'll always want to be fair, and I'll allow -- I try to do that here on this dais. And I always strive to be civil. However, when you think about, you know, signing up for something where you're going to be dinged just because someone has an opinion about you, I think it's problematic. Commissioner Suarez: Thank you, Mr. Chair. And thank you, Mr. Centorino, for coming and for -- you know, for your proactivity on this issue. I think civility in government, particularly in a partisan world, has led to a degradation of the way public officials are viewed by the public, and I think -- you know, I can say that in the eight years -- almost eight years that I've been here, I'm very proud of this body, very proud, because we've had slightly different members throughout that time, but we've been very consistently civil with each other. We've acted professionally. We City of Miami Page 63 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 barely even fight or argue or disagree, and we certainly don't disagree discourteously, that's for sure. And so, I can say that it's something that I think we set the -- we 've set the standard. As president of the League of Cities, you know, we began this conversation when I was president of the League of Cities; and I wanted us, as a city, to lead on this issue, because I think we can set the example. But I did, if you recall in our meeting in my office, did say that, you know, I'm sure that they'll be some worry about the potential opening of Pandora's Box about just a bevy of -- or flurry of complaints that -- you know, every time there is a complaint levied -- and thankfully, there haven't been many, I don't think, levied against us -- it's -- it does, you know, create anxiety. You know, it does create concern, and it does, you know, in some cases, cost us money, because you have to hire lawyers and -- you know, you take it seriously. We take it very seriously, because it's our reputation, and our reputation is something that we're very serious about, because we're not going to be elected officials forever. And we do have to go into the private community, and we do have to make, you know, a living for our families, and provide for our families. And so, I think -- you know, I think I felt comfortable with your representations in my office that this was not going to be something that would be an opportunity for just some sort of flood of complaints against elected officials, who someone in the public may not like us for whatever reason, and will use something like this as a hook to make our life more difficult and certainly give you more work. And so that's part of the reason why I decided to bring this, in spite of those concerns. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Thank you, Mr. Chairman. I echo your concerns. And although I hear Mr. Centorino, and I respect what he says, I want to make sure, at the very least, for the record that this is not what the Commission on Ethics will enforce, because Mr. Centorino could be there for a very long time, but then, sooner or later, there'll be someone after him. So I echo those concerns, because I don't want this to be as a ploy for I gotcha," although I technically agree with what you're saying. And not only is it just words; I think we've demonstrated it up here, like Commissioner Suarez said. We have actually demonstrated it -- Commissioner Suarez: For many years. Commissioner Carollo: -- for many years. But my concern is that it's used as a "gotcha." And even though you come here very well-intentioned -- and I believe you -- what happens after you -- or what happens three, four, five years down the line where it's interpreted differently, and then, you know, it's used more as a "gotcha" or as a mechanism to bring either -- some type of unintended consequences to an elected official? Vice Chair Russell: Mr. Chairman. Chair Hardemon: Please. Vice Chair Russell: Thank you, Mr. Centorino. I'm in favor of it, and I'm in favor of its enforcement, honestly. There is very little check and balance on an elected official, other than at the ballot box four years later, and your body is meant to do that. If we step out of line, it should be enforced. If we don't want to see a lot of enforcement, we probably should be civil with each other; I'm very confident that this body is. We've had our disagreements, and I've never felt disrespect from anyone on this dais toward me or each other. And as vigorous as our debates can be, there's a fine line when that can cross into uncivility, as it were; and if it does, I'd welcome us being kept in check. City of Miami Page 64 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Mr. Centorino: If I could respond just briefly. You know, and I understand, you know, the concerns. As public officials, you're often targets for people who have other agendas, and maybe -- you know, you're -- I understand the concern of -- that has been expressed. In terms of the Ethics Commission, we have very limited jurisdiction. We only have jurisdiction over the things that we are empowered to enforce, such as the Ethics Code, Citizen's Bill of Rights, Fair Campaign Practices Ordinance, and so forth. We have no jurisdiction over -- to enforce this matter. And this is not, in any sense, being imposed on this board. What we're doing here is asking this body to impose it on itself. You can set whatever conditions you want. If you want to have an enforcement mechanism, you can provide an enforcement mechanism. But, you know, this is something that was merely suggested to all the municipalities that they consider doing it, and it's within your power to decide how and whether it will be enforced. Chair Hardemon: So you're specifically saying then, this is not an opinion of yours. You're saying that there is no jurisdiction for the Ethics Commission to enforce a change, like we have here, to the --? Mr. Centorino: Yes, unless you gave it to us. Chair Hardemon: Okay. Mr. Centorino: Yes, that's correct. Chair Hardemon: Okay. All right, any further comment? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Commissioner Suarez: Thank you. Mr. Centorino: Thank you, Commissioners. City of Miami Page 65 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 RE.3 1392 Commissioners and Mayor RESOLUTION TO BE DEFERRED 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: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: Item RE.3 was deferred to the June 22, 2017 Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing item RE.3, please see "Order of the Day. RE.4 RESOLUTION 2222 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 1 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 THE JUVENILE ASSISTANCE MENTORING PROGRAM. ENACTMENT NUMBER: R-17-0268 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: For minutes referencing item RE.4, please see item RE.2. City of Miami Page 66 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 RE.5 RESOLUTION 2342 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S DETERMINATIONS, FINDINGS, AND RECOMMENDATIONS, ATTACHED AND INCORPORATED AS ATTACHMENT "A," PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") AND SECTION 18-182 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") WAIVING THE REQUIREMENTS (A) FOR SAID PROCEDURES, AND (B) FOR A RETURN TO THE CITY OF MIAMI ("CITY") OF FAIR MARKET VALUE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A QUIT CLAIM CITY DEED ("DEED"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA"), TO TRANSFER TO AND SELL TO THE OMNI CRA, IN "AS IS" AND "WHERE IS" CONDITION, WITH RESTRICTIONS AND REVERTERS, THE CITY - OWNED PROPERTY LOCATED AT 150 NORTHEAST 19 STREET, MIAMI, FLORIDA, CONTAINING AN APPROXIMATE TOTAL LOT AREA OF 318,859 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID CONVEYANCE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Chair Hardemon: So now we move on to -- I believe it's -- only thing we have left is RE.5, but I'm not looking at my sheet. It's RE.5? Todd B. Hannon (City Clerk): Yes, sir. Chair Hardemon: Okay, RE.5. Commissioner Carollo: So, if I may real quick? I was told RE.5 was going to be withdrawn. I was told RE.5 was going to be a discussion item. I've been told like all kinds of things on RE.5, so I don't know what to make of RE.5. Vice Chair Russell: I don't think we're going to vote on it today, but I wanted us to at least talk about it. And RE.5 has to do with the land that -- what we'll call "Biscayne Park," which is not technically zoned as a park, but it's currently used as one; just north of the cemetery in the Omni District. The intention here and hope is that this can be used as a piece within the CRA (Community Redevelopment Agency) to work together with the School Board, to work together for more affordable housing. It's a seven -- over seven -acre property between the fire station and the City of Miami Page 67 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 street on the other side of the block, just south of Temple Israel. And we, as the CRA, as you all know, have been working together with the School Board on this. The surprise that came to me as I brought this item to Commission is that the City Manager has been working with the Police Chief to find a new headquarters for the Police Department, and that this is their favorite site. This brings me back to about a year ago, when we were having issues of openness and communication between our City management and our dais, and I begged and pleaded, as the City starts considering deals to be open with this Commission about where they're going, what they're thinking, so we can be moving together -- you know -- together, because right now, what we've got is they've been working on a plan and we've been working on a plan, and these two plans are now clashing, and someone's going to lose. And it doesn't have to be that way, and that's just a lack of communication, and it's something we've tried to right; it's something we've been asking for, so here we are. And we were thinking, is there a way to split this? Apparently, the Police is looking for a full seven acres somewhere in the area. I've been talking with the Police Chief. I know one of the Manager's ideal goals was to stay put in the area and create a campus amongst three blocks; that was where the headquarters of the Police currently is. There's a Federal property right next to that, and then a CRA property right next to that. I don't know that that's an impossibility, and I have reached out to see if there's some partnerships we can have with the Federal Government on that post office. I'm looking for a potential development partner who can come in. This is all very fluid at the moment. I just wanted us to put it out there in a discussion so that it's very public and transparent where the different options are. And obviously, we -- it is a priority that we do replace our Police headquarters; they're in much need. We've been through there, we know what it's like, and the sooner, the better. What and where that is, I'm learning from the Police Chief and his team what's needed for them to find a successful new spot. Of course, housing is a major crisis for us; education, opportunities and seats is a major crisis for us, so we need to come together and think about all this. That's where I am on it. Commissioner Suarez: Mr. Chair. Chair Hardemon: You're recognized. Commissioner Suarez: Yeah. I passed a resolution that said that, you know, the department or replacement of the department is a critical need for the City, and I mean, our officers, unfortunately, have to work in that building right now, and it's not up to par. I think there's a lot of places where the department -- you know, where the Police Department can be. Obviously, I want to hear from the Chief as to what his perspective is. I would like to know where our current station is at in terms of what he's thought about, what the Manager's thought about. Are we going to RFP (Request for Proposals) that? What's the story with that? Because I know we had talked about that, as well. Daniel J. Alfonso (City Manager): Commissioners, you know, maybe two and a half, three months ago is when -- Commissioner Suarez: Right. Mr. Alfonso: -- we had this conversation. Commissioner Suarez: Yeah. Mr. Alfonso: And you said, "This is a priority." Commissioner Suarez: Yeah, yeah. Mr. Alfonso: You know, Commissioner Russell, I think we went in your office some - - couple of months ago, at least -- when we talked about this particular property, and City of Miami Page 68 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 we said that there was private interest. We said that we were looking at bundling the fire station with the property and redoing the fire station, Police headquarters, and you said, "Well, that doesn't mean that it's exclusive of affordable housing" and et cetera. I mean, that's a large parcel, so I'm surprised that you think that we haven't been talking to you about that, but this is after it was made a priority to have the Police headquarters there. So there's a lot of interest in this property from a lot of different people. There are people who will come out here and want to turn it completely into a park. I think Aspira now opened a school basically across the street, and they're partially using this land as a park facility for their -- whatever. So what we're trying to package with the Police Department is -- they need a sizable piece of land, and we eventually want to do a Request for Proposals, the same way we have done with the MRC (Miami Riverside Center). But to keep the cost that is in a place that is reasonable, there has to be land that the City owns; otherwise, purchasing land in downtown would be somewhat difficult to finance a transaction. Wherever we go, if we do the same thing that we're trying to do with the MRC is you build us a facility that they can move into, and then we figure out how you acquire the site that they have, which is also a nice size piece of property, once you include the parking garage and the building itself. So it is something that we're working on, to put something out there to get proposals from people, but we've talked about the possibility of in the seven acres, also having affordable housing. The School Board component becomes a little trickier, because I think that there are some issues that I think you've been working through with the School Board and the current other schools in the area, and those type of things, so that's one that we have kind of not looked at a whole lot. But, Commissioner, to answer your question, we have not yet put out the RFP, but we're trying to figure out what is exactly the space that they need. You know, the Chief mentioned, "If we're going to have a new facility, I want a new CSI unit" -- right? -- "space"; Crime Scene Investigations. You know, he wants a state-of-the-art facility. If we're going to go, we go all the way. So that's going to require some looking into in terms of "How do we determine the possible cost of the facility?" So, Chief why don't you talk about the request that you've been making. Rodolfo Llanes: So in the -- Rodolfo Llanes, Chief of Police. So in the last two or three months, last 90 days, really, we've -- I've sent folks across the country to look at other police stations. I sent them to a course on design, and we really looked at our needs assessment before we start talking about what the building is going to look like. So we know that we want -- we have to accommodate for future growth. If we're going to build a new building, then we need to have our own crime lab; that's going to get the cost -- that's going to drive the cost up. And so, in all of these things, how we balance -- and we provided the Commissioner -- and I'll provide the rest of the Commission with a score card of the properties, the inventory that the City owns right now, because we really want to keep the cost as low as possible so that we can build a state-of-the-art facility. And so, those are the things that we've been doing in the last 90 days, is trying to get a needs assessment, and try to get a square footage per employee of what that layout would look like; adding a real time crime center; adding a space for emergency operations and those kinds of things that a police facility needs, in addition to work space for our employees. So that's what we've been doing, and we're still looking at the inventory. I mean, that's a prime piece of land only because it matches our footprint and it looks -- You know, we also need to be central to main arteries. We need to be able to move in and out of critical infrastructure quickly. And so, those are the -- a properly positioned piece of land, there's not a whole lot. And so, we've been looking at all the available inventory in order to see where we can keep costs down so that we can really build something that's functional for the next 50 years. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. City of Miami Page 69 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Vice Chair Russell: Thank you, Chief. And certainly, I want to help with finding and funding that state-of-the-art facility and make it the best it can be and the soonest it can be, because I do recognize the need. That particular property is -- I mean, we haven't done anything with it for the hundred years that it's been sitting there as a -- since it's been a cemetery, and suddenly, it's a pretty hot piece of land for us. The CRA (Community Redevelopment Agency) has a lot of intentions on moving forward and is excited about the direction we're going, and I know from the Administration's point of view, from a real estate piece of land, this would be quite a deal with the CRA to do a transfer. And so, you know, these other objectives of what it could be for the City and to the City and for the Police Department are all on the table and I understand that and I respect that, and I want to have that conversation. So we'll keep talking and see where we can go. Thank you. Chair Hardemon: So this item is withdrawn? Vice Chair Russell: Withdrawn, please. Nicole N. Ewan (Assistant City Clerk): Chair, I'll take it that's a motion by Vice Chair Russell to withdraw the item? Vice Chair Russell: Yes. Commissioner Carollo: Second. Chair Hardemon: Seeing no -- without any objection, the motion shall pass. Vice Chair Russell: We just withdrew that item. Commissioner Suarez: Okay. RE.6 RESOLUTION 2367 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION FORMALIZING THE OATH OF OFFICE OF THE CITY OF MIAMI, ADMINISTERED TO ALL INCUMBENT AND NEWLY ELECTED AND APPOINTED PUBLIC OFFICIALS, BY ADDING AN OATH OF CIVILITY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MIAMI-DADE COMMISSION ON ETHICS AND PUBLIC TRUST. ENACTMENT NUMBER: R-17-0269 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: For minutes referencing item RE.6, please see item RE.2. City of Miami Page 70 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 RE.7 RESOLUTION 1701 Commissioners and Mayor RE.8 1995 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COMBINED INTERLOCAL AND MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF CORAL GABLES PROVIDING FOR THE CREATION OF A JOINT ENFORCEMENT ZONE, PROVISION OF LAW ENFORCEMENT SERVICES AND CREATING A MULTI -AGENCY ANTI - PROSTITUTION & HUMAN TRAFFICKING TASK FORCE PURSUANT TO THE MUTUAL AID ACT, CHAPTER 23, PART 1, OF THE FLORIDA STATUTES. ENACTMENT NUMBER: R-17-0270 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: For minutes referencing item RE.7, please see "Public Comment Period for Regular Item(s)" and item RE.2. RESOLUTION TO BE DEFERRED 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: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: Item RE.8 was deferred to the July 27, 2017 Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing item RE.8, please see "Order of the Day." END OF RESOLUTIONS City ofMiami Page 71 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 AC.1 2358 Office of the City Attorney AC - ATTORNEY CLIENT SESSION ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE JUNE 8, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF AIRBNB, INC., ET AL. V. CITY OF MIAMI, CASE NO. 2017-008999 CA 01, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS X. SUAREZ; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEY JOHN A. GRECO; AND 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. RESULT: DISCUSSED Vice Chair Russell: And we're adjourned. Todd B. Hannon (City Clerk): Madam -- Victoria Mendez (City Attorney): No, no. Vice Chair Russell: We're not adjourned. Ms. Mendez: We're not; we're not adjourned. Vice Chair Russell: I tried, I tried. Ms. Mendez: Thank you, Commissioner. We're going to start off with the shade meeting on Airbnb. On May 25, 2017, under the provisions of Section 286.011(8) City of Miami Page 72 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Florida Statutes, I requested the City Commission meet in private to discuss pending litigation in the case ofAirbnb, Inc., et al. versus City of Miami, Case Number 2017- 008999 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 City Commission approved my request, and now, at approximately 4:04 p.m., we'll commence an attorney/client session, under the parameters of Section 286.011(8) Florida Statutes. This private meeting will conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairman Hardemon, Vice Chairman Russell, Commissioners Carollo and Suarez; City Manager Alfonso; myself Victoria Mendez, the City Attorney; Deputy City Attorney John Greco; Division Chief for General Litigation Christopher 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 meeting will announce the termination of that attorney/client session. Thank you. Mr. Hannon: For the record, the meeting stands in recess. Later... Chair Hardemon: Calling the meeting back from recess. Madam City Attorney. Ms. Mendez: Chairman, you're announcing the termination of our previous client session? Chair Hardemon: That is true. Ms. Mendez: Thank you. City of Miami Page 73 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 AC.2 2393 Office of the City Attorney ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE JUNE 8, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF EDDIE SIERRA V. CITY OF MIAMI, CASE NO.: 17-20823 PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE- CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS X. SUAREZ; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEY JOHN A. GRECO; AND SENIOR ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD. 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. I RESULT: DISCUSSED Victoria Mendez (City Attorney): Now we're moving on to our next attorney/client session. On May 25, 2017, under the provisions of Section 286.011(8) Florida Statutes, I requested that the City Commission meet in private to discuss pending litigation in the case of Eddie Sierra versus City of Miami, Case Number 17-20823, pending in the United States District Court for the Southern District of Florida, to which the City is presently a party. The City Commission approved my request, and now, at approximately -- what time is it? -- 5 -- Chair Hardemon: 5:19. Ms. Mendez: -- 5:20 -- Unidentified Speaker: 5:20, right. Ms. Mendez: -- commence a private attorney session under the parameters of Section 286.011(8) Florida Statutes. This private meeting will conclude approximately an hour later. The session will be attended by members of the City Commission, including Chairman Keon Hardemon, Vice Chairman Ken Russell, Commissioners Frank Carollo and Francis Suarez; the City Manager, Daniel Alfonso; myself, the City Attorney, Victoria Mendez; Deputy City Attorney John Greco; Senior Assistant City Attorney Henry Hunnefeld. A certified court reporter City of Miami Page 74 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 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 Commission meeting will be reopened and the Chairman will announce the termination of the attorney/client session. Thank you. Chair Hardemon: Thank you. This meeting is in recess until that time. Later... Chair Hardemon: Calling this meeting back into order. Madam City Attorney. Ms. Mendez: Chairman, are you announcing the termination of our previous attorney/client session? Chair Hardemon: That is correct. Ms. Mendez: Thank you. City ofMiami Page 75 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 AC.3 2394 Office of the City Attorney ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE JUNE 8, 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 CASES OF IN THE MATTER OF FLORIDA POWER & LIGHT COMPANY TURKEY POINT, UNITS 6 & 7, DOCKET NOS. 52-040 AND 52-041, PENDING BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION; AND IN RE: NUCLEAR COST RECOVERY CLAUSE, DOCKET NO. 170009-El, PENDING BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS X. SUAREZ; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEY JOHN A. GRECO; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND XAVIER E. ALBAN. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Victoria Mendez (City Attorney): And now for our last session. On May 25, 2017, under the provisions of Section 286.011(8) Florida Statutes, I requested that this Commission meet in private to discuss the pending litigation in the cases of Florida Power & Light Turkey Point, Units 6 and 7, Docket Numbers 52-040 and 52-041, before the U.S. (United States) Nuclear Regulatory Commission; and in re: Nuclear Cost Recovery Clause, Docket Number 170009-El, pending before the Public Service Commission, to which the City is presently a party. The City Commission approved my request, and now, at approximately 5:41 p.m., commence a private attorney/client session, under the parameters of Section 286.011(8) Florida Statutes. The private attorney/client session will conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell, Commissioners Frank Carollo and Francis Suarez; the City Manager, Daniel Alfonso; myself, the City Attorney, Victoria Mendez; Deputy City Attorney John Greco; and Division Chief for General Litigation Christopher Greene; Assistant City Attorneys Kerri McNulty and Xavier Alban. A certified court reporter will be present to ensure that the session is City of Miami Page 76 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 fully transcribed, and the transcript will be made a public record upon the conclusion of the litigation. At the conclusion of the attorney/client session, the regular Commission meeting will be reopened, and the Chairman will announce the termination of the attorney/client session. Thank you. Chair Hardemon: We will now be in recess. Later... Chair Hardemon: Calling the June -- is it June? -- 8, 2017 meeting back into order. Madam City Attorney. Ms. Mendez: Yes. Commissioner, we're announcing then the termination. You're announcing the termination of the attorney/client session for FPL (Florida Power & Light)? Chair Hardemon: That is correct. END OF ATTORNEY CLIENT SESSION City of Miami Page 77 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 BC.1 2373 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ART IN PUBLIC PLACES BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: William Reaney (Alternate Member — Miami Dade County Public Schools Representative) ENACTMENT NUMBER: R-17-0276 NOMINATED BY: Commission -At -Large MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Adopt ADOPTED Frank Carollo, Commissioner Francis Suarez, Commissioner Hardemon, Russell, Carollo, Suarez Gort Chair Hardemon: Are there any boards and committees that you want to go over now? Nicole N. Ewan (Assistant City Clerk): Yes, Chair. BC.1, Arts in Public Places Board: There's one at -large vacancy. Vice Chair Russell will be appointing William Reaney to the alternate at -large vacancy. Chair Hardemon: I don't know that name. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 78 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 BC.2 2241 Office of the City Clerk BC.3 2113 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: David McBurnett Vice Chair Ken Russell ENACTMENT NUMBER: R-17-0277 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): BC. 2, Arts & Entertainment Council: Vice Chair Russell will be appointed [sic] David McBurnett. Vice Chair Russell: Move it. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: The motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Frank Carollo City of Miatiii Page 79 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 BC.4 2374 Office of the City Clerk BC.5 2242 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jeanie Hernandez Commission -At -Large ENACTMENT NUMBER: R-17-0278 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): BC.4, Bayfront Park Management Trust: Commissioner Carollo will be reappointing Jeanie Hernandez. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Hardemon: All in favor? The Commission (Collectively): Aye. Chair Hardemon: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Shane Graber ENACTMENT NUMBER: R-17-0279 NOMINATED BY: Chair Keon Hardemon City ofMiami Page 80 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 BC.6 1070 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): BC.S, City of Miami Beautification Committee: Chair Hardemon will be reappointing Shane Graber. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel RESULT: NO ACTION TAKEN City of Miami Page 81 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 BC.7 2243 Office of the City Clerk BC.8 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) NOMINATED BY: Commission -At -Large RESULT: NO ACTION TAKEN J RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Patrick Owens Mayor Tomas Regalado Kamalah Fletcher Vice Chair Ken Russell Virginia Akar Vice Chair Ken Russell ENACTMENT NUMBER: R-17-0280 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): BC.8, Community Relations Board: Mayor Regalado will be appointing Patrick Owens. Vice Chair Russell will be appointing Kamalah Fletcher and Virginia Akar. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 82 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 BC.9 1711 Office of the City Clerk Chair Hardemon: The motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Kimberly Sands Chair Keon Hardemon Olga Granda-Scott Vice Chair Ken Russell ENACTMENT NUMBER: R-17-0281 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): BC.9, Commission on the Status of Women: Chair Hardemon will be reappointing Kimberly Sands and Vice Chair Russell will be appointing Olga Granda-Scott. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 83 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 BC.10 1713 Office of the City Clerk BC.11 2123 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Ex-Officio Non -Voting Member) (Ex-Officio Non -Voting Member) (Ex-Officio Non -Voting Youth Member) NOMINATED BY: Vice Chair Ken Russell Commissioner Frank Carollo City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Frank Carollo Commissioner Frank Carollo IAFF FOP RESULT: NO ACTION TAKEN City ofMiami Page 84 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 BC.12 2375 Office of the City Clerk BC.13 1599 Office of the City Clerk BC.14 2267 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Vice Chair Ken Russell RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Ken Russell Commissioner Frank Carollo Commissioner Francis Suarez RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Mika Mattingly Vice Chair Ken Russell (Real Estate Broker — Category 5) ENACTMENT NUMBER: R-17-0282 City ofMiami Page 85 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 BC.15 2270 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): BC.4 [sic], Historic & Environmental Preservation Board: Vice Chair Russell will be appointing Mika Mattingly to the Category 5, real estate broker category. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Hardemon: Is she a preservationist? Vice Chair Russell: She is a -- in the real estate world. I believe that was the criteria. Commissioner Carollo: Yeah. Ms. Ewan: That is correct. Chair Hardemon: Not a preservationist? Vice Chair Russell: But she did a lot of real estate deals on historic structures. Chair Hardemon: I don't know what that means, but all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Kathryn Moore ENACTMENT NUMBER: R-17-0283 NOMINATED BY: Vice Chair Ken Russell City ofMiami Page 86 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 BC.16 2127 Office of the City Clerk BC.17 1083 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): BC.5 [sic], Miami Sports & Exhibition Authority: Vice Chair Russell will be appointing Kathryn Moore. Commissioner Carollo: Move it. Vice Chair Russell: Second. Commissioner Suarez: Second. Chair Hardemon: Motion pass -- All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION 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 SENIOR CITIZENS' ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chair Ken Russell RESULT: NO ACTION TAKEN City ofMiami Page 87 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 BC.18 1721 Office of the City Clerk BC.19 2129 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mayor Tomas Regalado RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez RESULT: NO ACTION TAKEN City of Miami Page 88 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 BC.20 1603 Office of the City Clerk BC.21 2376 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Frank Carollo RESULT: NO ACTION TAKEN 1 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Mayor Tomas Regalado 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 RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES City ofMiami Page 89 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 2210 Department of Finance PRESENTATION BY RSM US, LLP ON THE CITY'S ANNUAL FINANCIAL AUDIT REPORT. RESULT: DISCUSSED Daniel J. Alfonso (City Manager): Mr. Chairman. Chair Hardemon: Okay. Mr. Alfonso: Mr. Chairman. Chair Hardemon: I know there is a discussion item from the City's Financial Audit Report. Can we have that now? Mr. Alfonso: Thank you, Chairman. Commissioner Suarez: Mr. Chair, in the meantime, can I move SR.3? Because I don't think that's controversial, SR.3. It's the online campaign reporting; should be quick. Chair Hardemon: See, he has to go, so. Commissioner Suarez: Okay. Chair Hardemon: And it has to be read into the record, so. Donnovan Maginley: Thank you, Mr. Chair. Commissioners, Donnovan Maginley, along with my colleague here, Anelle (phonetic) Harris, from RSM, 801 Brickell Avenue. As you mentioned, we have performed our audit and issued our financial statements for the fiscal year ended September 30, 2016 on the City's financial statements, which is in your package. Just go over a couple -- few highlights. First and foremost, the report is dated March 30, 2017, which meets the imposed timeline that the City has on itself to complete its financial statements; an issue which we are really proud of and they should be proud of. In the financial statements, just a couple highlights to go over. As we -- I mentioned last year, the City adopted a pronouncement, which reflects its pension liability now in the books. This is our -- this is still -- obviously, still continuing to be there so that the pension liability reflective of the City's Police, Fire and general employees and your plans are incorporated here. As it relates to the general fund, which is the main operating fund of the City, the City ended a fund balance year end of 132 million; of that, there were approximately 56 that we call "unassigned," which is available for appropriation as of September 30, and about 21 million that was deemed to be -- that's deemed -- that's called "assigned," which is at the discretion of the Commission or management of the City. In one of our reports, in our management letter, we had a comment as it relates to the Financial Integrity Ordinance. Unfortunately, the City did not meet its Financial Integrity Ordinance, as defined by the ordinance, and that's reported in our management letter. In addition to our audit of the financial statements, we have also opined -- rendered a report on the single audit, which is the City's compliance with Federal and State funding expenditures. In that report, there are some findings that we denoted; however, it's to be noted that none of those findings come with a question cost, so there's no question cost as it relates to the compliance nature and allowable nature of the program. Again, we City of Miami Page 90 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 had full cooperation of management. We had no disagreements with management. We believe that all the estimates and all -- the inclusion of what they assessed in terms of what's reasonable, we concur with their conclusion, and that's all incorporated in our report. With that, I know there's brevity here. I'll turn it over for any questions or commentary that you may have. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. Although we have 132 million fund balance, tell us about why we did not meet our Financial Integrity Ordinance and -- Mr. Maginley: So for the most part, yeah, the City, you know, obviously had finished the year on a positive note. However, based on the standard that the City has established for itself the mathematical calculation did not meet that ordinance, mainly because I think at the end of the year, the City transferred monies from the general fund to its capital programs in the tune of approximately $57 million. And in a lot of cases, that transfer is discretionary. I know it's budgeted for, but in most cases, because it's coming from the general fund, it's discretionary. Had they choose [sic] not to transfer the funds, it is more likely that they would have met the Financial Integrity Ordinance. In discussing this with management, management decided that they took a conservative approach. They believe that if the money is budgeted and appropriated for, the transfer should occur, and that's the action they took. Commissioner Carollo: Mr. Manager. Mr. Alfonso: Yeah. Mr. Chairman, Commissioners, he's correct in what he said. What I want to add, though, is that the main reason, in our opinion, as to why we're no longer in compliance is because GASB (Governmental Accounting Standards Board) changed the rules on what "assigned" is and "restricted" is. So we used to report the building of revenues that get rolled over as "assigned" before; and now, the Code specifically separates "restricted" and "assigned" If you look at it, we have $50 million that are restricted. In the past, that would have been classified as "assigned." So if you add the "assigned" and "restricted together," that would fall under our current Code in the -- and in the past, that would have been under our current Code as "assigned," and we would have been in compliance. The issue here is that the law changed, and our Code hasn't, so we're going to be proposing to bring to Commission to update our Codes to reflect the unassigned 10 percent and the assigned or restricted 10 percent; and if you do that, then you are in compliance. Mr. Maginley: That is correct. Commissioner Carollo: Do you agree with him? Mr. Maginley: Yes. That is correct. And we also had a commentary as it relates to modifying the Code, also, as it relates to the ordinance, in conjunct -- not specifically to that, but in addition that the measurement period for -- that should be done during the budget -- the time of budget; not at year end, so you'd know at the end of the budget period if you're going to meet that Integrity Ordinance, and not wait till the end of the year. So we welcome the Manager's position on what -- just what he just pointed out, and I think that will help, yeah. Chair Hardemon: Any further comments? Mr. Maginley: All right. Thank you very much. City of Miami Page 91 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 DI.2 2223 Department of Finance DI.3 2284 Department of Police Chair Hardemon: Thank you very much, sir. Commissioner Carollo: Recess? Chair Hardemon: Yeah, we'll recess until 2 o'clock; and 2 o'clock, we'll finish the rest of the agenda. Madam City Attorney, remember the opinion, if you can give me relatively quickly -- maybe when we come back from lunch -- about whether or not we can continue an item; a procedural motion on an item on the PZ (Planning & Zoning) calendar can be heard in the morning and not necessarily after 2 o'clock, okay? All right. See everyone at 2 o'clock. DISCUSSION ITEM DISCUSSION PERTAINING TO THE QUARTERLY NON - REIMBURSABLE GRANT EXPENDITURES FOR QUARTER ENDING MARCH 31, 2017. RESULT: DISCUSSED Chair Hardemon: We did the DI -- DI. 1 item. DI.2; I think that one's very simple, right? Now, your pearls are larger than they were last time, right? You have big pearls now. Erica Paschal (Director): Per our financial -- sorry. Erica Paschal, for the Finance Department. Per City's Financial Integrity Principles, DL2 is the quarterly report for the period ending March 31, 2017, and we're pleased to report that there are no reimbursement -- no expenses to report at this time. Chair Hardemon: Best report I heard today. Thank you very much. DISCUSSION ITEM DISCUSSION ON THE STATUS OF HIRING POLICE OFFICERS. RESULT: DISCUSSED Chair Hardemon: DI.3. Daniel J. Alfonso (City Manager): Chief. Chair Hardemon: Status of hiring police officers. Our Chief is a little upset right now. Mr. Alfonso: He's basically going to come in and say that we're currently overstaffed from our Table of Organization by two police officers. Our goal is to continue to hire. Towards the end of the year, we want to be above the Table of Organization, as we had talked about, because we do have about 90 police officers that are leaving at the end of September, so we want to be about 40 over between now and then. Chair Hardemon: All right. Commissioner Suarez: Thank you. Good job. City of Miami Page 92 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Mr. Alfonso: Thank you. END OF DISCUSSION ITEMS City of Miami Page 93 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 PART B: PZ - PLANNING AND ZONING ITEM(S) Chair Hardemon: Madam City Attorney -- Daniel J. Alfonso (City Manager): I got it done. Chair Hardemon: -- can you read the PZ (Planning & Zoning) agenda? Victoria Mendez (City Attorney): We will now begin the Planning & Zoning items. PZ 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 to remove the presumption of prejudice, pursuant to Florida Statute Section 286.011(5) and Section 7.1.4 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 item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will present the application or request to the City Commission. The order of presentation shall be as set forth in Miami 21 and the City Code, providing the appellant shall present first. All persons test Eying 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 a 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, gentlemen. Anybody speaking on today's Planning & Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair Hardemon: You're very welcome. As I hear, there are some continuances, maybe? Francisco Garcia: Yes, sir. For the record, Francisco Garcia, director of Planning & Zoning. As stated this morning, item PZ.2, which is a companion to item SR.2 is to be -- I apologize -- FR.2 -- is recommended to be continued for the same date as FR.2, which I believe is the next like meeting. Commissioner Suarez: Move it. Commissioner Carollo: Second. City of Miami Page 94 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Chair Hardemon: So moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Ms. Mendez: Chairman, the preliminary research we did with regard to why the time certain for 2 p.m. is, we don't have all the research exactly, because I just want to confirm that we have been doing it correct or that there may be a reason why we should do it differently. But the reasons why we do set it at 2 p.m. is Florida Statutes requires that all land use items be heard after 5 o'clock through 166.041. Then the Commission can change that to a different time, which would be -- and what we have in the past -- change it to 2 p.m. I believe that the main reason why we can't unilaterally change or take off an applicant's item is if the applicant is not here, it's due process to the applicant. I think where you may be pointing out is certain things if they're our items; our items, you're correct. Maybe we've been ultra conservative. We can remove our items, because we would not -- we would still be complying with Florida Statute on the fact that someone can be heard before they are heard -- before the item is actually voted on at a subsequent meeting. So, arguably, if it's our items, as in City items, arguably, that could be taken out earlier than 2 p.m., and it doesn't require the public hearing portion. Chair Hardemon: But what about an applicant's item? What if you have an applicant that wants to remove -- that wants to continue their item -- Commissioner Suarez: Right. Chair Hardemon: -- and they give -- and they -- I mean, ultimately, it's up to the -- to this body to decide whether or not a continuance will be granted, and that's what we'll be deciding, but if an applicant says, "Hey, I don't want to be heard today. I want to be heard on the next meeting," it's not our item -- Ms. Mendez: Right. Chair Hardemon: -- so can we make that decision in the morning? Because the way you've stated the rules to be, it seems to be that you're talking about a substantive action on an item, and I don't think that a motion to continue is a substantive action on an item. Ms. Mendez: If -- You raise a valid distinction with regard to if the applicant themselves on an item to be heard at 2 p.m. asks in writing to reset something, arguably, we can hear that in the morning, like you're describing. However, if an applicant is not present and we are unilaterally removing something off an agenda, it can have a negative effect on an applicant -- Chair Hardemon: Right. They may want to put something on the record as to why -- Ms. Mendez: Right. Commissioner Suarez: Due process. Chair Hardemon: -- a continuance -- Commissioner Suarez: A due process, right. Ms. Mendez: Or -- it's more along the lines of what if they had certain closings, certain -- Commissioner Suarez: Right. City of Miami Page 95 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Ms. Mendez: -- timelines, certain financing issues that we're not aware of. So that's why, definitely, we cannot do it without the permission of the applicant. But if -- I request if you just give me a little more time to -- Chair Hardemon: A little more -- Ms. Mendez: -- look into that, but I think that we can find a happy middle with certain truly procedural things that don't affect others, and we can hear some of those in the morning. Chair Hardemon: And one thing that we have not run afoul of is people being allowed to speak on public comment. We -- I mean, we give an abundance of time. We give them an opportunity to speak in committee when it's on the Planning and Zoning Appeals Board; we give them the opportunity to speak when you have the 60- day notice; we give them opportunity to speak when they come here, not only on first reading, but on second reading. So I think we go above and beyond what -- Ms. Mendez: You're correct, because technically, they only have to speak once. Chair Hardemon: Speak once, no matter if there's 10 readings. Ms. Mendez: Right. Chair Hardemon: Once. Ms. Mendez: Thank you. Mr. Hannon: And Chair, if I may, I just want to make sure that the record is clear. Item PZ.2 will be deferred to the June 22 meeting. Chair Hardemon: Okay. PZ.1 ORDINANCE First Reading 2289 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 4, ENTITLED "DENSITY, INTENSITY, AND PARKING" AND ARTICLE 5, SECTION 5.7, ENTITLED "CIVIC SPACE ZONES AND CIVIC INSTITUTION ZONES," TO CLARIFY REGULATIONS RELATED TO CIVIC SPACE ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Pass on First Reading PASSED ON FIRST READING Ken Russell, Vice Chair Francis Suarez, Commissioner Hardemon, Russell, Suarez Gort, Carollo Chair Hardemon: So the only item that we have on the PZ (Planning & Zoning) agenda will be PZ.1? Francisco Garcia (Director, Planning & Zoning): Yes, sir; happy to proceed. City of Miami Page 96 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Chair Hardemon: Sure. Mr. Garcia: Thank you. Item PZ.1 is before you on first reading. It is a proposed amendment to Miami 21, the Zoning Ordinance, to clarify that parcels zoned CS (civic space) have development capacity, subject to the constraints that that development capacity shall be either equal to that -- or similar to that of the most abut -- most restricted abutting zoning designation; or as specified in master plans adopted by the City Commission. I am happy to report that the Planning, Zoning & Appeals Board heard the item yesterday, and recommended for approval. It is before you on first reading. Happy to answer any questions. Chair Hardemon: What was the result of the vote? Mr. Garcia: It was recommendation for approval, 7-1. Commissioner Suarez: What? Subject to what? Chair Hardemon: 7-1. Commissioner Suarez: Oh, 7-1. Chair Hardemon: Okay. Commissioner Suarez: Mr. Chair. Chair Hardemon: You want to say something on this? Because this will be our public comment section. It doesn't appear that there's much people from the public, except you; a well -dressed representative of the public. Steven Wernick: Thank you, Mr. Chair. Steve Wernick; address at 2501 Swanson Avenue. I'm here today in my role as the chairperson of the Waterfront Advisory Board, and simply to say that most City -owned waterfront properties, which are the types of parcels and projects that come before our board, are within the CS transect zone. The first presentation to our board will be next Tuesday, June 13, so we have not had a chance to hear the item or make any kind of recommendations to the City Commission. I expect we will be able to do that next Tuesday and then -- so when this ordinance comes back to you on second reading, we can have had some input on that. I would just say that I think it looks like it's a good amendment that's happening, but perhaps there may need to be some additional amendments that specifically apply to City -owned waterfront properties, and I would imagine that's what our board will take up next Tuesday. Thank you. Chair Hardemon: Thank you, sir. Any further comment? Vice Chair Russell: I'd like to move it on first reading, and I'd like to see if we can get a potential map -- Commissioner Suarez: Second that. Discussion. Vice Chair Russell: -- of affected properties before second reading. Mr. Garcia: Certainly. Vice Chair Russell: Thank you. Commissioner Suarez: Second; discussion. City of Miami Page 97 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Chair Hardemon: It's been properly moved and seconded. Our dear Commissioner from the 4th District, is there a comment that you want to add? Commissioner Suarez: Yeah, just real quick. Just going to say that, you know, I think I promoted this or I sponsored this legislation because of you know, trying to fix -- make sure everything was fixed for purposes of the Rickenbacker RFP (Request for Proposals). And I just want to make sure that, you know, we're referring to the master plan, and I want to make sure that that reference is something that will be a standard that can be used by the development community without having further need for rezoning that property and build what has been previously conceptualized there. Mr. Garcia: Yes, sir. Thank you for the question. The answer is in the affirmative, and there are two specific references made in the Zoning Ordinance as a result of this amendment; one is to the City of Miami's Parks and Open Space Master Plan; and the other is to other master plans, as adopted by the City Commission, as pertains to the potential development at the Rickenbacker Marina. There is, as you know, a Virginia Key Master Plan that has been adopted by the City Commission, and that is the master plan in place that would guide for the development of that site. Chair Hardemon: Is there any other discussion? Any further unreadiness? Commissioner Suarez: Actually, I think it's fine. Chair Hardemon: Hearing no unreadiness -- Commissioner Suarez: Smart. Chair Hardemon: -- has the title been -- The title has been read into the record? Todd B. Hannon (City Clerk): Title. Chair Hardemon: Can you read the title, Mr. Clerk? The Ordinance was read by title into the public record by the City Clerk. Chair Hardemon: All in favor or the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion shall pass. City of Miami Page 98 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 PZ.2 ORDINANCE First Reading 1972 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITIONS OF TERMS," ARTICLE 4, TABLE 3, ENTITLED "BUILDING FUNCTION: USES," AND ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: Item PZ.2 was deferred to the June 22, 2017 Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing item PZ.2, please see "Order of the Day" and "Part B: PZ - Planning and Zoning Item(s)." END OF PLANNING AND ZONING ITEM(S) City of Miami Page 99 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 M - MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS City of Miami Page 100 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 101 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 102 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE FRANK CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 103 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ END OF DISTRICT 4 ITEMS City of Miami Page 104 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 105 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 FL - FUTURE LEGISLATION END OF FUTURE LEGISLATION City of Miami Page 106 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 NA.1 2469 Commissioners and Mayor NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING THE PROVISION OF THE LAND SALE AGREEMENT BETWEEN MIAMI-DADE COUNTY ("COUNTY") AND MIAMI PROPERTIES, LLC., REQUIRING THAT THE FUTURE SITE OF THE BECKHAM GROUP SOCCER STADIUM, A PRIVATELY OWNED VENUE LOCATED IN THE CITY OF MIAMI ("CITY"), SHALL EXCLUSIVELY HIRE COUNTY FIRST RESPONDERS TO PROVIDE SERVICES INSIDE THE STADIUM; DIRECTING THE CITY ATTORNEY TO PROVIDE A LEGAL OPINION REGARDING SAID PROVISION; FURTHER DIRECTING THE CITY MANAGER TO TAKE ALL MEASURES TO ASSURE THAT THE CITY'S FIRST RESPONDERS HAVE EXCLUSIVE JURISDICTION TO PROVIDE SERVICES AS REQUIRED BY LAW; FURTHER DIRECTING THE CITY MANAGER TO TAKE ALL MEASURES TO ASSURE THAT OPPORTUNITIES FOR CITY'S FIRST RESPONDERS ARE PROTECTED AND REQUIRED FOR ANY TRANSACTION OR AGREEMENTS INVOLVING SALE OF PROPERTY BY THE COUNTY TO ANY PRIVATE ENTITY; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-17-0272 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: For further minutes referencing item NA.1, please see "Public Comment Period for Regular Item(s)." Commissioner Suarez: I wanted to, if it's okay -- since you're up there -- discuss another issue that came up, I think, this morning in the press, which is -- and I don't want to steal the thunder of our firefighters and police officers, but the concern that I think we all have over what is going on with the Beckham Stadium regarding our First Responders and their ability to provide off -duty services there, and I'd like for you to chime in on that, and then I'd like to offer a resolution on that issue. Mayor Tomas Regalado: Thank you, Commissioners -- Commissioner. And yesterday, I requested a legal opinion from the City of Attorney of the City of Miami on the decision of the County Commission. This was an amendment of a resolution that was prepared by the Administration and the County Attorney's Office, and it was a last-minute amendment. This was very unusual, because this is the first time ever that the County Commission imposes their public safety personnel on a private venue. The Beckham Stadium is not a public venue. The County is selling the land, so the land is no longer County land. They bought for $19 million a private property, next to the County WASA (Water and Sewer Authority) depot, and I think that they are trying to buy some land from the City of Miami, which is adjacent to that. You know, the media, I think, that has not focused on the fact that this is a private venue, because it was said in the media that we had the same arrangement in the Marlins Park and in the Arsht Center. This is not the case. The Marlins Park agreement was part of the Global Agreement, and it was inserted by the County City of Miami Page 107 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Commission at the time. I remember that, as a City Commissioner, I sat there where you sit, Commissioner Suarez, and protest with then -City Manager Pete Hernandez, and the County Mayor Carlos Alvarez, and the County Manager at the time, and the City Mayor Manny Diaz, and I lost. I was on the losing side. I tried to move a resolution. And the only compromise that I could get from the County and the rest of my colleagues was that the Police and Fire, will be able to use the restrooms inside the Marlins Park, and then there was a rotation, and then there was a rotation of Fire and County and City, which has been in place. You know, I was outvoted at the time, and I respect the majority, but this is not a Marlins deal. This is not a Arsht Center deal. These are County -owned facilities. Even in the American Airlines Arena, Miami Police and Miami Fire work because of the agreement that was done 30 years ago. But I don't think that, number one, our public safety agencies, the Fire and Police, which we know are the best in Florida and in the nation, need to be shut out of working inside a venue which is in the City of Miami. You know, I just don't understand the rationale of what the media said -- was the County Attorneys had said that this is legal. If they -- if we allowed them to impose public safety personnel on a private venue in the City of Miami, next they can do that in another venue in the City of Miami or another -- in any other city, for that matter. I think that our Police and Fire have the capacity and the knowledge and the professionalism to serve well. I would like -- I take offense of what Commissioner Diaz said, that, you know, there's going to be a lot of people trying to park somewhere, because there is no parking at the stadium, so they need more police. That's not the point. The point is that this is a private venue in the City of Miami, and hopefully, this will be fixed. I know that the Manager had concern. Commissioner Suarez: Mr. Chair. Mayor Regalado: And I hope to get the opinion from the City Attorney. You know, I don't want to rain in anybody's parade. You know, I know that we are going to be -- people are going to say, "Okay, they are trying to block the deal." This is not the case. This was not in the original deal. This was just a last-minute amendment. This is not right for our City of Miami Police, our City of Miami Fire, and our residents. Our residents know, understand, and connect with the City of Miami Police and with the Fire Department of the City of Miami. So, hopefully, this will be Commissioner Suarez: Chair. Mayor Regalado: -- fixed. If not, when it comes before you for the zoning change, maybe we can say -- Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. I'd like to offer a resolution -- a motion supporting the Mayor's request that the City Attorney provide a legal opinion, objecting to that amendment; and third, asking our Manager -- directing our Manager to make sure that our First Responders are protected in any negotiation, deal, land sale and/or zoning matter, and that that be incorporated into our negotiations. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded. Any further discussion? You 're here on this item -- on that -- Pete Sanchez: Yes, sir. Chair Hardemon: -- resolution just spoke of? City of Miami Page 108 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Mr. Sanchez: Yes, sir. Commissioner Carollo: Yes. Chair Hardemon: You're recognized, sir. Mr. Sanchez: Good morning. Pete Sanchez, Miami Firefighters, Local 587. Thank you, Mr. Mayor and Mr. Manager, Commission. I'm here to speak in opposition as to what the County Commission made a deal with the Beckham Group on Tuesday, like the Mayor mentioned, to completely impose County Police and Fire to render services for the Beckham Stadium, which is in the City of Miami, in our City. It is not County -owned anymore; it is a private property. They have no say, and we should be able to render the services in there. We got a bad deal with the Marlins Stadium, where they wanted to take that away from us as well, and we were able to at least hang onto half of it. Hang on in the City of Miami, in our City? That's unacceptable. In order to gain a vote to be able to sell the land, that's unacceptable and it's preposterous. We service the City of Miami proudly, and we can do it, and functionally, without any issues. I'm asking that you support us, as you did, and I appreciate it, and not allow this to happen. The County needs to stop cherry picking as to what they have their hands in the City or not. We respond to County jails, to County hospitals, and to the County Courthouses within our city limits; they don't respond there, but if it's an extra dollar, then they want to respond in the stadium. Again, we thank you for your support, and we completely stand against this. Thank you. Chair Hardemon: Thank you. The -- go ahead. Renita Holmes: Thank you. Madam Holmes, executive director, Wave of Women in Public Housing, Education, Finance, and Development, and resident of Overtown, but -- and adjacent to the proposed deal with the Marlins Stadium, and quite often, signified as the only resident of Overtown that speaks in regards to the issue of this deal, but hardly, I'd like to support the Mayor in what he's saying. And just to give you a little insight, that's the situation. We're attending a meeting, particularly to my Commissioner, and this is a County meeting. And when we attend this County meeting, we have City officers that are telling us as citizens in there that we can 't go in, and you know, I -- this is not a quasi judicial hearing, but you know, why lie? And so, my perception as a resident of how we use -- or how our officers are interacting just on their ability to propose has led to another CIP (Civilian Investigative Panel) complaint. And so, I think that there's a lot of concern when people are planning and zoning things, it's like, "Okay, we've got them sealed in as citizens in the City, next to this thing as" -- City of Miami, though, will do the planning and zoning. And as we always know, as poor folks, we don't get much defense. You are our line of defense. But my perception as someone who's sitting there that may -- that's going already through traffic impacts, I want my City employees to know, who's witnessed gas coming up from underneath these streets -- I want my citizens and everyone else to know, and two minutes doesn't give me that time, but it doesn't make me a liar, but if I'm paying taxes in one place and paying taxes in another, I'd like to have my traffic impact study and not (UNINTELLIGIBLE) over there. I'd like to have my local police officers not run up in my face and tell me I can't -- particularly as a person with disability; unless, of course, I'm John De Leon; I can get through. But don't want to get into the details. I'm just saying, all of this is linked up, but if I'm going to pay taxes in both scenarios, then I want twice as much respect, twice as much participation, and twice as much oversight. And so, I agree, and I concur with you. I do believe that these employees need to be more educated. I do believe that they need to be more limited, and that any litigation issues we have because they're protecting somebody else's deal, well, let's get it. Chair Hardemon: Thank you very much, Ms. Holmes. City of Miami Page 109 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 Ms. Holmes: Thank you. Chair Hardemon: Before we continue, because this is -- I'm -- it 's not our fault;; it's Commissioner Suarez' fault that the public is kind of confused now where we are -- Commissioner Suarez: Sorry. Chair Hardemon: -- because you interjected a motion and a resolution, if you will, into the public hearing section, so what I want to do is I want to tackle this one motion that's on the agenda right now, and so just a few comments that I have just to put on the record with it. Let's not presuppose that there will be a stadium there on that site. Right now, the County sold land, and that's what it has, land. And it's interesting, I mean, the way that it was put earlier about cherry picking. I don't see them cherry picking, one, to police the Liberty Square community. They haven't cherry picked that. They haven 't cherry picked any other public housing. They haven 't cherry picked that, you know. So to come into our community and they want to cherry pick on the things that they believe will give their off -duty officers more access and better pay and to put them in a better financial footing, I think is wrong. And I think this is good for the City of Miami to stand up against this, because it's the right thing to do on the behalf of its employees, and those are Police and Fire. Because I guarantee you, they call 911, County won't respond to that, either, to the stadium. So it's no reason that they should be able to sit in the air condition and enjoy a soccer game, if you will, and our employees are out there doing work. I won't say "real work"; I'll just say, "Work," but let's not suppose that they're not doing work on the inside, but -- Horacio Stuart Aguirre: Mr. Chairman. Chair Hardemon: -- you get what I'm saying. Mr. Stuart Aguirre: May I speak on the resolution? Chair Hardemon: Yes, you may. Mr. Stuart Aguirre: Thank you. Horacio Stuart Aguirre, as chairman of the City of Miami Civilian Investigative Panel. Mr. Chairman and Vice Chairman, it's always been the position of the Civilian Investigative Panel that all municipal policing within the boundaries of the City of Miami be done by MPD, Miami Police Department, and not foreign agencies. We do not need Miami -Dade County policing within the City of Miami, and that has always been the position of the Civilian Investigative Panel. So we support the Chairman -- Mayor Regalado and Commissioner Suarez' resolution. Thank you. Chair Hardemon: Any other comment from the dais? Doug Mayer: Good morning. My name is Doug Mayer. I live at 2130 Northwest 13th Street, Miami. I'm here today as a member of the Civilian Investigative Panel. Chair Hardemon: Before you move forward, are you trying to speak on the resolution that's on the floor right now? I know we kind of got a little snagged in communication. So, if you want to speak on the resolution that's before us right now, there's a motion and a second on the -- Mr. Mayer: Yes. Chair Hardemon: -- that -- City of Miami Page 110 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 NA.2 2475 Office of the City Clerk Mr. Mayer: Basically, I just want to reiterate what our chairman, Horacio Aguirre, was just saying, that policing in Miami should be done by Miami Police Department. We on the CIP are supporters of the Miami Police Department, and we think that it's only right and fair that they provide those services at the stadium. Thank you. Chair Hardemon: Thank you very much. Seeing no other person that wants to speak on that particular motion that's on the floor, any further comment from the dais? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE SEA LEVEL RISE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Patrick Rynne Vice Chair Ken Russell ENACTMENT NUMBER: R-17-0284 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): And I do have one non -agenda item. On the Sea Level Rise Committee, there is one vacancy. Vice Chair Russell will be appointing Patrick Rynne. Commissioner Carollo: Move it. Vice Chair Russell: Second. Commissioner Suarez: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Ms. Ewan: Thank you, Chair and Commissioners. Chair Hardemon: Thank you. Commissioner Suarez: Good job. City of Miami Page 111 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 NA.3 2434 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING THE UNITED STATES' WITHDRAWAL FROM THE PARIS AGREEMENT OF 2015 ON CLIMATE CHANGE; REITERATING COMMITMENT TO GREENHOUSE GAS EMISSIONS REDUCTION GOALS; RECOMMITTING TO THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT; SUPPORTING ACCELERATION OF CLEAN ENERGY SOURCE DEVELOPMENT AND TRANSITION TO A CLEAN ENERGY ECONOMY; AND DIRECTING THE CITY ADMINISTRATION TO EVALUATE AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION AS TO AVAILABLE PARTICIPATION IN REGIONAL AND INTERNATIONAL CLIMATE ALLIANCES. ENACTMENT NUMBER: R-17-0271 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Suarez ABSENT: Gort, Carollo Chair Hardemon: That concludes the Part "B" portion of the meeting. However, there is one item before we go up for our shade meetings that I'd like to bring to our attention. Our intelligent -- Vice Chair Russell: Don't go so far. Thank you, Mr. Chairman. Chair Hardemon: -- Commissioner from the 2nd District has a pocket item. Vice Chair Russell: Thank you. I have a pocket resolution for the Commission to consider, and it's with regard to the country's withdrawal from the Paris Agreement. You know, I don't believe this to be a partisan issue; I believe this to be a global issue. And it's very rare that so many countries come together in consensus on such an important item. I do regret that our country as a whole is not going, at this point, to be a part of that, but it's actually inspired me, and I know a lot of other municipalities, to take action at the local level. And so, I'm offering this resolution that opposes our withdrawal, but lends our support to the tenets of the agreement, and says that we'll basically step forward as the City of Miami to do what we can to limit emissions and come in line with the Paris Agreement. I started a very small, innocuous crowd -sourcing effort for legislation on this issue; just asked, "Who's got some ideas about environmental legislation for Miami?" and I got almost 2,000 "likes" and "shares," in just a few days, and about 150 viable potential ideas for us to bring, as environmental legislation, to the City of Miami. So we'll be keeping the office busy here pretty soon on this stuff. So I look forward to your support, and I'd like to move this resolution. The Chairman's given a thumbs up. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: All opposed? Motion passes. Thank you. City of Miami Page 112 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 NA.4 2470 Office of the City Attorney ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE JUNE 22, 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 CASES OF IN THE MATTER OF FLORIDA POWER & LIGHT COMPANY TURKEY POINT, UNITS 6 & 7, DOCKET NOS. 52-040 AND 52-041, PENDING BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION; AND IN RE: NUCLEAR COST RECOVERY CLAUSE, DOCKET NO. 170009-El, PENDING BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION, AND CITY OF MIAMI. ET. AL V. FPL AND FL DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP"), DOAH CASE NO. 09-3107 (3RD DCA CASE NO. 3D14-1467), PENDING BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS X. SUAREZ; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEY JOHN A. GRECO; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND XAVIER E. ALBAN. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Victoria Mendez (City Attorney): And if I may, I'd like to request an attorney/client session for June 22 in -- Pursuant to the provisions of Section 286.011(8) Florida Statutes, I'm requesting that the City Commission meet in private to discuss pending litigation in the case of in re: Nuclear Regulatory Commission, Docket Numbers 52- 040 and 52-041; in re: Nuclear Cost Recovery Public Service Commission, Docket Number 17009-EI [sic]; and City of Miami versus Florida Power & Light, Florida Department of Environmental Protection, Case Number 093107 and Case Number 3D14-1467, to which the City is a party, and I'm requesting an attorney/client session on that date. The private meeting will take place approximately 3 p.m. 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; City Manager Daniel Alfonso; myself Victoria Mendez, the City Attorney; Deputy City Attorneys John Greco and Barnaby Min; Chief of Litigation Christopher Green; and Assistant City Attorneys Kerri McNulty City of Miami Page 113 Printed on 7/24/2017 City Commission Meeting Minutes June 8, 2017 ADJOURNMENT and Xavier Alban. 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. Thank you. Chair Hardemon: Thank you very much. Now this meeting has come to a conclusion and I'd like to close the meeting. The meeting adjourned at 6: 36 p.m. City of Miami Page 114 Printed on 7/24/2017