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HomeMy WebLinkAboutCC 2017-11-16 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, November 16, 2017 9:00 AM Regular City Hall City Commission Francis Suarez, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Frank Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes November 16, 2017 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Carollo and Commissioner Reyes. Absent: Commissioner Gort On the 16th day of November, 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 Vice Chair Russell at 9:22 a.m., recessed at 12:13 p.m., reconvened at 2:39 p.m., recessed at 3:15 p.m., reconvened at 5:26 p.m., recessed at 5:34 p.m., reconvened at 8:14 p.m., and adjourned at 9:37p.m. ALSO PRESENT: Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Nicole Ewan, Assistant City Clerk Vice Chair Russell: Good morning. Welcome to the November 16, 2017 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Wifredo "Willy" Gort, Frank Carollo, Manolo Reyes, Ken Russell, and Keon Hardemon, Chairman. Also on the dais are Daniel J Alfonso, City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, City Clerk. The meeting will be opened with a prayer by D2 office manager James Jackson, and then the pledge of allegiance will be led by Commissioner Manolo Reyes. All rise, please. Invocation and pledge of allegiance delivered. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 3254 Honoree Presenter Protocol Item 21 Customer Service Ace Winners Mayor and Manager Certificates of Honor Parks & Recreation Mayor and Manager Certificates of Honor Management and Budget Mayor and Manager Certificates of Merit Harlan Selesnick, M.D. Mayor Regalado Proclamation Leonardo Carillo Commissioner Carollo Proclamation America Adora A Jesus Commissioner Russell Proclamation RESULT: PRESENTED City of Miami Page 1 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 1) Mayor Suarez, Commissioners, and City Manager Alfonso presented commendations to 21 City of Miami Employees who were recognized for their delivery of commendable customer service provided as a Customer Service ACE. The "Appraising City Excellence in Service" (ACES) telephone and email secret shopper programs has led to improvements in efficiency and effectiveness within the City of Miami. 2) Mayor Suarez, Commissioners, and City Manager Alfonso paused in their deliberations of governance to commend the City of Miami Department of Parks & Recreation, under the capable leadership of Kevin Kirwin, for being recipient of the 2017 Agency Excellence Award in the Super Category from the Florida Recreation and Parks Association. This recognition honors the State of Florida's most outstanding park, recreation, and/or leisure services agencies that excel in all four areas of economic impact, environment sustainability, health, and community building. Elected Officials paid highest tribute to the City of Miami Parks & Recreation Department for deserving such high distinction and for elevating the quality of life of the City s residents. 3) Mayor Suarez and Commissioners paid tribute to the City of Miami Office of Management & Budget, under the capable leadership of Chris Rose, for winning the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for the third year in a row. GFOA established the Distinguished Budget Presentation Award to encourage and assist state and local governments to prepare budget documents of the very highest quality that reflect both the guidelines constituted by the National Advisory Council on State and Local Budgeting and the GFOA's best practices on budgeting, and then to recognize individual governments that succeed in achieving that goal. Elected Officials paused in their deliberations and commended the department's contributions to the City of Miami and proclaimed November 16, 2017 as " City of Miami Office of Management and Budget Day" 4) Mayor Suarez and Commissioner Carollo paused in their deliberation of governance to present a proclamation to Harlan Selesnick, M.D. Dr. Selesnick is a distinguished Board -certified orthopedic surgeon with a focus on arthroscopic surgery, sports medicine and knee joint replacement surgery. Dr. Selesnick has dedicated his professional career to the advancement of sports medicine and treatment, serving as team physician for the Florida Marlins in 1985-1988, the Miami Miracle baseball team in 1988-1989, the NBA All -Star game in 1990, 2000 and 2001, the World Basketball Championship in 1998, and the gold medalist USA basketball team at the 2000 Olympics. Dr. Selesnick has been the only team doctor, serving through 12 Division titles, 5 Conference titles and their 2006, 2012 and 2013 NBA Championship seasons. Dr. Selesnick is also a past President of the NBA Team Physician Society and a past assistant professor in the Department of Orthopedics and Sports Medicine at the University of Miami, and due to his outstanding efforts in sports medicine he was elected the NBA Team Physician of the Year for the 2002- 2003 seasons. Dr. Selesnick also serves other local efforts, as the team physician for Miami Jai Alai, multiple local high schools, and the Miami Open Tennis Championship. Elected Officials recognize the outstanding accolades and exemplary work that Dr. Selesnick has accomplished over the course of nearly three decades, therefore proclaiming November 16, 2017 as "Harlan Selesnick, M.D. Day" in the City of Miami. 5) Mayor Suarez and Vice Chair Russell paused in their deliberations of governance to recognize "Toma tu Lugar", an organization that has been working for several years in the training and empowerment of different cities throughout the world and provides education on the importance of family unity, moral principles, and spiritual values. This organization has established an initiative called `America Adora a Jesus", a process of transformation that unites all those committed to humanitarian principles, inspiring them to join as a congregation to work together for the benefit of their community, this initiative advances a strategy of collaboration between non- profit organizations, local and international congregations, and all those people of good will seeking to make an impact for a better world. "Toma tu Lugar" and "America Adora a Jesus" seek to create awareness of the need for moral integrity and emphasize the value of a unified family. Elected Officials proclaimed November 16, 2017 as "Toma tu Lugar and America Adora a Jesus Day" in the City of Miami. City of Miami Page 2 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 ORDER OF THE DAY Vice Chair Russell: We'll now make the presentations and proclamations. Presentations and proclamations made. Note for the Record: For additional minutes referencing Item PZ.27, please see "Order of the Day" on the Planning & Zoning Commission Meeting Agenda. Vice Chair Russell: We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you. 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 City -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 at wwwmunicode.com [sic]. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the proper disclosures required by the City Code in writing. A copy of this Code section is available in the City Clerk's Office or online at wwwmunicode.com [sic]. The material for each item on the agenda today is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public must -- may first state his or her name, his or her address, and the item to be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst 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 placards or signs shall be allowed in the Commission chambers. Any person with a disability requiring auxiliary -- assistance, auxiliary aids and services for this meeting may not fy 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, if any, are being either withdrawn, deferred, or substituted. Thank you. Chair Hardemon: Mr. Manager, you're recognized. City of Miami Page 3 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Daniel J. Alfonso (City Manager): Thank you, Mr. Chairman. I would like to defer Item PH.21 to December of 2014 -- I'm sorry -- to December 14. Vice Chair Russell: That's 21? Mr. Alfonso: PH.21, that is correct, Commissioner. Defer FR.2, also to December 14; indefinitely defer RE.1; defer RE.2 to December 14; defer RE. 7 to December 14; continue CA.9 to December 14, and Item SR.5 will also be deferred -- well, we're requesting to defer it to December 14. For that item, I would like to -- I have to read an item into the record, because we lost the sponsor, so I'd like to say that the sponsor of this -- This ordinance was originally sponsored by Mayor Regalado, and this ordinance will now be sponsored by the City Manager's Office. To comply with the public comment period requirements, the public comment period will open for 15 days, beginning November 17, and end on December 1, and then we'll bring it onto the December 15 agenda with any comments or -- that may be brought by the public. Alternatively, if anybody on the Commission would like to sponsor the item, it would require a four -fifths to waive the need for the public comment period. That's where we are right now. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Mr. Manager, I specifically requested language to be placed on this ordinance, or potential ordinance, that have not been placed, so once again, I'm going to request -- I don't know if my staff has it handy again, but if you take it right off the meetings from the last Commission meeting that we addressed this, I want to make sure that that language is placed in there. Mr. Alfonso: On which item, sir? I'm not -- Commissioner Carollo: The booting item, the -- Mr. Alfonso: Oh, the booting. Commissioner Carollo: -- one that you're speaking about. Chair Hardemon: I want to recognize -- Commissioner Carollo: So like I said, it came back to us, but the -- what I had requested in the previous meeting did not make it in the proposed ordinance, so I want to make sure that, once again, I'm on the record saying that it should be. And if my staff brings me the exact language, even though it's in the minutes from the last meeting, I want to make sure that that language is in there. It's important. Mr. Alfonso: Right. SR.5 is being deferred to December. We just want to make sure that the -- Commissioner Carollo: Understood. Mr. Alfonso: -- record shows -- go ahead. Commissioner Carollo: Understood. And potentially deferred. It hasn't come to this Commission. This Commission has to pass it, whether it will be deferred or not. And what I'm saying, that the last time we spoke, I asked for specific language to be in there; and when it's coming back before us, whether it's deferred or not, it's -- the City of Miami Page 4 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 language is not there. So I want to make sure that language is placed there, so if it is deferred in the future, it would -- it will be voted upon with that language. Ms. Mendez: Commissioner -- Chair Hardemon: Mr. Mayor. Ms. Mendez: -- Carollo, my office has been working with your office to make sure that that exact language that you stated on the record is incorporated for the next reading. Commissioner Carollo: Right, I understand that, but I said it in the last Commission meeting, and it didn't make it to the ordinance or proposed ordinance that's before us, so I want to make sure that, once again, I'm on the record that I want that language in there for it to be voted upon. Ms. Mendez: Understood. Chair Hardemon: Mr. Mayor. Mr. Alfonso: Mr. Chairman, I'm sorry. Mr. Mayor, may I? I was also asked to defer FR.5 and its companion, PZ.27, which is the Underline Public Benefits Trust. It still needs a little bit of work. Mayor Francis Suarez: Thank you, Mr. Chair. I just want to -- first of all, it's a little odd being on this side; I have to get accustomed to it, and I want to start by thanking all of you. I've had the honor and privilege of working with all of you on that side of the ledger, on that side of the dais, on tough issues and good issues for the benefit of the residents of the City of Miami. I consider you all my friends. I thank you for your support in this election. I look forward to working with all of you. I said yesterday, "Pray as if everything depends on God, and work as if everything depends on you." What I could have said was, "Pray as if everything depends on God, and work as if everything depends on your Commission," because the truth is that everything in terms of my agenda and your agendas depend on our collaborative work, and I look forward to being as hands on as you will allow me to be. I look forward to working with you to craft this agenda, because, as Commissioner Reyes said yesterday beautifully, very eloquently in his speech, it's not his agenda or my agenda or your agenda; it's our agenda; and it's, more importantly, the people that we serve's [sic] agenda. And so I look forward to that. Obviously, you know, some of the things that I wanted to propose are radical changes from the way that we do business, and finally, as of noon yesterday, I'm able to discuss them with you. So I'm excited about that possibility, too, of sitting with you and crafting a cooperative agenda to move this City forward. And so there are some items that are near and dear to my heart that I'm passionate about that I'd like to take up, especially some that I referenced in -- And did we defer PH27? We did not? Vice Chair Russell: I heard him mention it. Ms. Mendez: We listed -- the Manager listed all the items, but I don't think a vote has been taken on all the items. Chair Hardemon: I didn't hear him list them. Vice Chair Russell: We haven't voted, but the Manager did list it. Mayor Suarez: Oh, he did? That's one of the ones listed. Okay. Do you guys want to take a vote on your deferrals before I begin? City of Miami Page 5 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Carollo: Yeah. Can we go through them again, though? Chair Hardemon: Not -- please. Mr. Alfonso: Not 27. Chair Hardemon: And it -- and you said, 21, is what you said. Mr. Alfonso: 21. Chair Hardemon: Right? That's what I thought. Vice Chair Russell: No, he said 27. Chair Hardemon: Also -- maybe -- I didn't hear it. Maybe he did say it. Vice Chair Russell: He said both. He started with -- Chair Hardemon: He said both. Vice Chair Russell: -- 21, and then he slipped 27 in at the very last second. Mayor Suarez: 27 is a rollover -- Mr. Alfonso: PZ (Planning & Zoning). Mayor Suarez: -- from my district, and I wanted to have an opportunity to brief more comprehensively my district Commissioner. Chair Hardemon: Okay. The -- do me a favor, Mr. Manager. When you do the continuances, is there any way you can do them in like -- Commissioner Carollo: Order. Chair Hardemon: -- order? Mayor Suarez: Chronological order. Chair Hardemon: It's always -- I always find myself flipping through them, and that's -- Mayor Suarez: Yeah. Chair Hardemon: -- always take time after it's said. I know you probably -- you get them and you list them, so -- Mr. Alfonso: I'm going to -- Vice Chair Russell: I had a couple to add to make sure, as well, before we -- Chair Hardemon: And I'll tell you this: When I was in school, in elementary school, and -- children had two roles. If you were in trouble, you had to clap the erasers by cleaning the erasers, or you had to alphabetize the filings for the teacher. I will clap erasers any day versus alphabetizing. So I empathize with you in this. Mr. Alfonso: Do you want me to call them out again? City of Miami Page 6 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: Please. Commissioner Carollo: Yes.. Mr. Alfonso: All right. So we have CA.5, the ShotSpotter; is going to be modified, so that's not one. So CA.9 is continued to December. CA.9 is the first one. Then PH.21 -- Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Real quick. CA.9, acknowledgment of election results. Mr. Alfonso: Yes, from the Clerk's Office, that was a request. Nicole N. Ewan (Assistant City Clerk): Yes, Commissioner. We are requesting additional information from the Elections Department. The Clerk is currently at the Elections Department and will obtain additional information. This is just an administrative act; it does not affect the elections results, so we're respectfully requesting the item to be continued to December 14. Thank you. Commissioner Carollo: Thank you for the explanation. Vice Chair Russell: So he is the Mayor, right? Ms. Ewan: Yes, he is. Vice Chair Russell: Okay. Just checking. Mayor Suarez: You could start officially beating me up now. No, just kidding. Commissioner Carollo: Okay, CA.9. Mr. Alfonso: Okay, I'm going to start again. CA.9 -- Mayor Suarez: I'll be more than happy to go back there, if you want, Mr. Commissioner. Mr. Alfonso: -- PH.21, both to December 14; SR (Second Reading) -- Vice Chair Russell: Skipped one. Mr. Alfonso: It's not PH.27; it's PZ Unidentified Speaker: PZ. He meant PZ. Mayor Suarez: No, no. PH.27, as well. Mr. Alfonso: It's not -- Vice Chair Russell: Yes, PH.27. Mayor Suarez: PH.27, yeah. Commissioner Carollo: Are we rusty or what? City of Miami Page 7 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Mr. Alfonso: Okay, PH.27 as well. Boy, see what happens? All right. CA.9, PH21, PH.27, SR.5, FR.2, FR.5 and its companion, PZ.27; RE.1, RE.2, and RE.7. Mayor Suarez: And Mr. Chair, I'm assuming some of those are for different lengths of time, because he just said they were being deferred. Are all those going to be deferred? Mr. Alfonso: All of them are to December 14, except for RE.1, which is indefinite. Mayor Suarez: Right. Chair Hardemon: Are there any other items that --? Mayor Suarez: You want to announce any deferrals for the PZ agenda, in case anybody's here? Chair Hardemon: No one should be here for the PZ agenda. However, I just want to make it known that the items -- just for the record, the items that were stated, even if there are companion items that were announced for a continuance or deferral, are not continued or deferred until -- unless -- were they items that the City sponsored, the PZ items? Mr. Alfonso: There's only one PZ item which we mentioned, which was 27; it's a companion to FR.5. Chair Hardemon: Yes. So what I'll say is this: All the items that are on the morning agenda, on this agenda, not the Planning & Zoning meeting agenda, are the ones we're continuing; not the ones that are actually on the Planning & Zoning meeting agenda. Mr. Alfonso: That is correct. Chair Hardemon: Okay. So if the items started in PZ and it was mentioned on the record for continuance, it is not continued; it is merely mentioned on the record. So the items for continuance or deferral are PH.27, 21; FR.2, RE.1, RE.2, RE.7, CA.9, SR.5, FR.5. Are there any other items that we want to add to that list? Hearing none, all in favor of that -- Commissioner Carollo: No. Mr. Chairman, hold on. Chair Hardemon: You're recognized. Mayor Suarez: I almost said "aye," by the way. Commissioner Carollo: Thank you. Mr. Chairman, I would like to defer PH.22 to the December meeting. I think this is more of a long-term vision and project, and I want to make sure that my successor is the one that vets this and moves forward with this. Commissioner Reyes: Mr. Chair, it's us -- SR.1 has been deferred? Chair Hardemon: SR. 1 is not on the -- is not being deferred -- Commissioner Reyes: Not being deferred. Chair Hardemon: -- at this moment. City of Miami Page 8 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Reyes: I would like to ask for deferment, because I would need more information about that. I want you guys to put up with me; it's my first day, and I was swore [sic] in yesterday, and I got the agenda today, but I would like to -- Chair Hardemon: Man, you haven't been following the agenda for the past year? Okay. Mayor Suarez: By the way, you only get one of those. That's it. Ms. Mendez: SR.1 -- Commissioner Carollo: SR.1. Ms. Mendez: -- it has also the companion item that would need to be deferred as well -- Chair Hardemon: It's in the P&Z, and we're not worried about that one. Ms. Mendez: -- in the P&Z. Mr. Alfonso: Mr. Chairman, about PH.22, it is accepting a $60,000 donation to be given to the City of Miami. I am told that we do have some timeliness issues, but it's up to the Commission. Chair Hardemon: Any other continuance, deferrals, withdrawals? Vice Chair Russell: Chairman. Chair Hardemon: Yes. Vice Chair Russell: SR.1, I was hoping to move today. It's been a long time coming on the alcohol ordinance, and a lot of working, and a lot of stakeholders. I'm -- I just wanted to clam with the Commissioner if there's a specific issue on it that he's not sure about within his district or if on the whole -- on the alcohol ordinance. Commissioner Reyes: Oh, the whole alcohol ordinance. Yes. Vice Chair Russell: You'd like to defer it just to have more time to look at it? Commissioner Reyes: Yes. And I want to know -- and I just want to know if -- what the -- for example, how it's going to affect the neighbors, you see? And what effect will have it [sic] on the whole neighborhood, and I would like to have more information on what it would entails. Vice Chair Russell: It certainly does affect, so I'm amenable to that, of course. Commissioner Reyes: Okay. Ms. Ewan: And Commissioner Reyes, you mentioned you wanted it deferred to January. Will that be --? Commissioner Reyes: To January, so we have enough time to -- Ms. Ewan: Will it be the January 11 or January 25? Commissioner Reyes: 11. The January 11. City of Miami Page 9 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: We can't do it in December? I mean, this has been a long time coming. We really need to get this moving. A lot of businesses are being held up from opening until we clear this up, and I'm sure some of them may have some comments on this as we -- before we vote on it, but would one month be enough time to get up to speed? Commissioner Reyes: Okay, that'll be fine. Vice Chair Russell: I appreciate it. Thank you. Commissioner Reyes: That's right. That'll be fine. Vice Chair Russell: Thank you. Commissioner Reyes: To December. Ms. Mendez: So to the December 14 agenda? Commissioner Reyes: Yes. Okay. Commissioner Carollo: Yes. Commissioner Reyes: That'll be fine. Chair Hardemon: All right. Mr. Alfonso: Mr. Chairman. Chair Hardemon: Yes. Mr. Alfonso: Can we get clarification? Commissioner Carollo, can we please accept the gift? I mean -- Commissioner Carollo: No. Once again, I believe that the next Commissioner, my successor, should be the one who fully vets this. And it's not just about accepting money; it's about everything that's going to require afterwards, and what exactly plans are there afterwards. So I understand that usually, they throw a little carrot here and there. And listen, by the way, you know, I'm not saying anything -- that there's anything wrong or bad about any of this. All I'm saying is that I want the successor -- my successor, since it seems like it's more for a long-term vision, to be able to start from the beginning and be able to fully vet this. Chair Hardemon: Okay. Vice Chair Russell: This is for the Jose Marti Park -- Commissioner Carollo: Exactly. Vice Chair Russell: -- design? Commissioner Carollo: Another park that I've been speaking about for many, many years, and work that needs to be there, but I want to make sure that everything's done properly and correct; not that there's nothing improper here, but I want to make sure that my successor actually has, from the start, be able to now fully vet what's being offered to us, and if they want to move forward, or how would they want to move forward. City of Miami Page 10 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: Seeing that there are no other items, is there a mover and a seconder? Mayor Suarez: Mr. Chair, there's one more item. Chair Hardemon: Oh, there's one more? Mayor Suarez: Yes. I'm sorry. FR.1, it's an item related to the Beautification Committee. I just spoke with the chair of the Beautification Committee. Obviously, beautification is something that I'm very passionate about; I helped create the committee, and I think the City of Miami must invest in beautification efforts. I think we need to take our -- we need to step it up and take our game to another level, and I'm going to -- he respectfully -- we had a conversation, and we have not had a chance to sit with each of you, and I'd like to sit with each of you and hear your vision for how the City should be beautified, but also talk about the structure of the committee, because we obviously want it to be something that everyone buys into. So we're going to respectfully request a one -month deferral, so we have an opportunity to sit with you as Commissioners and decide whether this is something that's good for the committee, not good for the committee, but at the end of the day, what we want is a vibrant committee so that along with our Public Works and along with whatever investments we make as a Commission and as a government, we make this not only the most resilient city in the world, Vice Chair Russell, but also the most beautiful city in the world. So I'm going to request a deferral on this. Chair Hardemon: So this a continuance to the December meeting? Mayor Suarez: Correct. Commissioner Reyes: Mr. Chair. Chair Hardemon: Yes. Commissioner Reyes: I also want to -- I don't know if it is appropriate to do it now, but RE. 7 -- and nothing personal, Ken -- RE. 7, I would like to defer it also, because I need more information about it. Chair Hardemon: It's on the list. Vice Chair Russell: It has been deferred. Commissioner Reyes: It's on the list. Vice Chair Russell: Commissioner Gort also wanted to weigh in. Commissioner Reyes: Okay. Thank you very much. Vice Chair Russell: Yeah. Robert Powers: Thank you, Commissioners. Thank you very much. Mayor Suarez: Thank you. Now you guys should vote on it. Chair Hardemon: Is there any other item? Okay. Seeing none, is there a mover? Vice Chair Russell: I'll move it. City of Miami Page 11 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: It's been properly moved by -- Commissioner Carollo: Second. Chair Hardemon: -- the Vice Chairman; seconded by Commissioner Carollo. Seeing no further discussion, all in favor of the motions as stated, say "aye. The Commission (Collectively): Aye. Chair Hardemon: All against? Mayor Suarez: And I almost said "aye" again. Chair Hardemon: Motion passes. Mayor Suarez: Hard to break that habit, man. Chair Hardemon: Okay. Vice Chair Russell: You can veto. Mayor Suarez: It's not a good start. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Hardemon: I'm going to open the floor for public comment at this time. If you're here from the public and you want to speak on any of the morning agenda items, now is your opportunity to. If you approach the lecterns, state your first name and your last name, and what item it is that you're in support of and also, you may state your address. So, once again, I'm opening the public comment for this morning agenda. You're recognized, ma'am. Cecilia Stewart: Yes. Cecilia Stewart, 1899 Northwest 1st Court. Item number CA.4, pertaining to the Pedestrian and Bicycle Safety Enforcement Campaign for 2018. I'm for that, because in my area, there are intersections with emphasis of high incidents of bicycle and pedestrian occurring, which is between 14th Street and 20th Street, specifically on Northwest 20th Street and Northwest 1st Court and 1st Avenue. The most recent incident was a motorcycle incident, and it was very, very harsh, at the corner of Northwest 20th Street and Northwest 1st Court. And I also want to just give this brief comment about what Ms. Cartwright said about the enforcement of the signs. I started back in 2013 when Dr. Ihekwaba was the director of the work -- Public Works, dealing with the "no thru truck" sign. We have yet to have that situation under control. We had the trucks from the cement company that comes through. We have all types of commercial trucks. It's a hazard to us. And I agree with Ms. Cartwright; we need more -- better information sharing. The Police Department, like you say, they have locations that they sit and rest until they change they [sic] shifts. And I agree; they need to be in the area where they can see these activities going on. Please, get the enforcement of the "no thru truck" signs in our area, which is from 14th Street to 20th Street, Northwest 1st Avenue, Northwest 1st Court, Northwest 1st Place, and Northwest 2nd Avenue and 2nd Court. Thank you. Brett Bibeau: Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. The Chairman's, Horacio Stuart- Aguirre's letter is being distributed. Starting with -- I understand, FR.3 has been deferred, so I'll skip that one. PZ3 is an appeal of a warrant. "During a public City of Miami Page 12 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 meeting held on January 23, the Miami River Commission considered this warrant application, which was subsequently approved by the City of Miami. The Miami River Commission subject adopted public meeting minutes state in part, " quote, "Ms. Sandy O'Neil made a motion for the Miami River Commission to adopt the Subcommittee Chairman Jim Murley and the Greenway Subcommittee Chairman Ernie Martin's suggestion for the Miami River Commission to recommend approval of the updated subject warrant proposal with the following conditions: Number 1, that the site demonstrates continued marine use; Number 2, that the site demonstrates the public riverwalk per approved plans and Letter of Intent. The motion failed by a vote of 6-5. River Commission Chairman Aguirre asked if anyone wanted to make another motion for consideration, and no other motions were made," close quote. "Therefore, the River Commission did not recommend this project as proposed" And then on PZ.15 and 16, is a land use and zoning amendment at 2222 and 2260 Northwest North River Drive. `During a public meeting held on October 2, the River Commission considered this application to amend the zoning and land use. The Miami River Commission unanimously, 10-0, recommended approval of the proposed development at 2222-2260 Northwest North River Drive, with the following two conditions: Number one, that the public riverwalk and side yard connectors be provided as presented in the plans, the Letter of Intent" -- and probably most importantly -- "the voluntary covenant," which is attached to our letter. And secondly, to "maintain the recreational vessel dockage as presented. Your time and continued strong support for the Miami River District are appreciated." Thank you. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: A quick follow up. On PZ.3, you mentioned that the River Commission -- Miami River Commission did not approve the ordinance as described -- as proposed; however, they didn't reject it either, right? So, technically, they made -- Chair Hardemon: No opinion. Commissioner Carollo: -- no opinion. Mr. Bibeau: I think that's an accurate reflection of the letter before you. Commissioner Carollo: Okay. Because you had just mentioned that they didn't -- you know, they did not vote in favor of it or to approve it, but they actually didn't vote against it either. Mr. Bibeau: The subcommittee recommendation was for approval. Commissioner Carollo: Right. Mr. Bibeau: The motion was made to support the subcommittee recommendation. Commissioner Carollo: Right. Mr. Bibeau: That vote failed by a vote of 6-5. The Chairman then asked for another motion, frankly, probably thinking that someone would make the counter motion -- Commissioner Carollo: Right. City of Miami Page 13 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Mr. Bibeau: -- to recommend denial, and that that would be approved by the same vote, you'd think, but no one made the other motion. Commissioner Carollo: So it's fair to say that the Miami River Commission did not take a position on PZ.3? Mr. Bibeau: The Chairman asked me to insert the sentence at the end of the adopted minutes, which that, based on those facts, quote, "Therefore, the MRC (Miami River Commission) did not recommend this project as proposed." But I see what you're saying about the reverse of that. Commissioner Carollo: But they didn't reject this project as proposed, either. Mr. Bibeau: There was not a -- No motion was approved on this item in either direction. No motion was approved. There was a motion made that was denied by a vote of 6-5. Commissioner Carollo: But, in essence, there was no recommendation from the Miami River Commission? Mr. Bibeau: That -- you can make that interpretation, yes, sir. Commissioner Carollo: Yeah. Just by the facts, there was no recommendations -- Chair Hardemon: I agree with you. I agree with you. Commissioner Carollo: -- from the Miami River Commission, because they didn't vote for it -- Mr. Bibeau: In the future, I would -- Commissioner Carollo: -- but they didn't vote against it. Mr. Bibeau: -- encourage them to approve a motion, one way or the other, so I'm not put in this uncomfortable position. Commissioner Carollo: Understood. I just -- Mr. Bibeau: Yes, sir. Commissioner Carollo: -- want to make sure that we're clear. Thank you, Mr. Bibeau. Mr. Bibeau: We're being as clear as we can, and sorry for the confusion. Commissioner Carollo: No. We're good. Chair Hardemon: You're recognized, ma'am. Truly Burton: Good morning, Mr. Chairman, City Commissioners. My Name is Truly Burton. I work for the Builders Association of South Florida. First, I wanted to welcome our new Mayor, Francis Suarez, and welcome Commissioner Reyes. It's a pleasure to be before you. I think all of you may have gotten my letter, but just in case, I'm going to make sure. We -- The items I'm here talking about are SR.2 and PZ.7. It's about Art in Public Places. We were here before you in January, supporting the Art in Public Places Program for publicly funded buildings. This set of ordinances is different. This is a new, expensive art impact fee, a tax on all City of Miami Page 14 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 residential buildings, including all apartments, new condominiums, and new houses. Okay. This is probably the seventh or eighth time I've seen headlines in the newspaper -- again today -- by our Governor, who cut funds for affordable housing. Housing is going to take it in the shorts again, okay, to be very kind of you know, relaxed about it. Every fee that is just tacked on, because someone thinks no one's noticing, rents go up for everybody in the City. It's very, very simple. No other city of comparable size to the City of Miami has an art tax. While there are numerous smaller bedroom communities in suburban towns may have them -- Palmetto Bay does, Delray Beach, Homestead -- they don't have the City's major cultural facilities that we do; the Frost Science Museum, the Children's Art Museum, the Freedom Tower, the Perez Art Museum, and so forth. And also, remember that real estate development has been one of the biggest patrons of arts in the City; no fees, no hearings, no regulations, no additional process. The additional process is one of the reasons I wanted to bring this piece to you. The -- This is a chart that was done about eight or nine years ago by the County, which is the development process approval. It was done back in 2008. It has now gotten a bit more complex, okay. Let me just have my trusty assistant here open it up. Let me start on this one. Chair Hardemon: You're going to have to speak into the microphone. Ms. Burton: Pardon me? Chair Hardemon: You're going to have to speak into the microphone. Wait until you get a microphone. And what I'll do is -- you're the trusty assistant; she's going to take your additional two minutes, so (UNINTELLIGIBLE). Ms. Burton: Thank you. Okay. This is the development process that's plotted out by the County. It goes on for another probably -- about 28 feet or so. Thank you, front row. I appreciate that, okay. Here we go. Chair Hardemon: Great demonstrative. Ms. Burton: All right. We're going to add another -- oops -- sheet to this, okay? And granted, this is the County's process, the City's process is similar; not identical, but similar. We're going to add another piece or two on there, plus a fee, okay? This is what I'm talking about. This is what gets me absolutely aggravated, everybody, because now I got to bring you a picture of what this is, okay? This is what we're concerned about. This is one of the reasons that housing costs so much, okay? And again, this is comparable to the City; it's not the City, so everybody knows very clearly what this is. This is a County process that was done by the County themselves; done by Tom Marco, probably about eight or nine years ago. So anyway, that's why I plead to you to shift this from a fee to an incentive -based program, which is what you all did for workforce and affordable housing back in February, okay? So the solution is, we would respectfully suggest an incentive - based program be developed by your staff and that the Commission so direct your staff. Chair Hardemon: Thank you very much. Ms. Burton: Thank you, Mr. Chairman. Commissioner Carollo: Mr. Chairman, I'm just -- sorry, I just want to make sure. What item are they speaking on? Chair Hardemon: That's the -- Vice Chair Russell: Art in Public Places. City of Miami Page 15 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Carollo: Art in -- Chair Hardemon: Art in Public Places. Commissioner Carollo: Yeah. Chair Hardemon: SR.2. Commissioner Carollo: Got you. Chair Hardemon: You're recognized, sir. Commissioner Carollo: SR (Second Reading) -- Chair Hardemon: 2. Commissioner Carollo: -- 2. SR.2. Robert Fine: Good morning, Mr. Chairman. Before I start, my name is Robert Fine, with offices at 333 Southeast 2nd Avenue. My colleague, Ethan Wasserman, is here today; signed up to speak on this matter as well, which is SR.6, and he's preparing for another hearing. So we respectfully ask, with your discretion, if I could -- he could give me his two minutes; I will keep it to the four minutes. Chair Hardemon: I suggest you start. Mr. Fine: Okay. Good morning, Mr. Chairman, Commissioners. Congratulations to the new Mayor and Commissioner. I'm here today to talk about proposed Ordinance 2961, regarding Emergency Operations for Group Homes. This proposed ordinance has a laudable goal: the protection of the City's most frail and vulnerable, the economically disadvantaged elderly population. Unfortunately, this legislative effort is being rushed way beyond what its complexity warrants, both procedurally and substantive. Due to the short amount of time allowed, I'll limit my comments to just three of these items. First, the ordinance in the posture before you suffers from notice and due process defects. When it was last before you for its first attempt at passage on second reading, I pointed out that, as written, the ordinance clearly only applied to group homes of 14 residents or less; it was therefore continued. In this new version before you today, its scope of coverage has been changed to include facilities of any number of residents, 5, 15, 50, 500, 5,000. This is a material and substantive change. The change is sufficient in scope that the advertised notice specifically mentions it. The substantive change in the notice from October is, quote, "To clarify applicability," unquote. Let's be real. The change is not claming applicability. Last month's version of the ordinance before you, as written then, made clear it only affected facilities of 14 residents or less. That needed no clarification, unless a scope change was desired. Now the proposed ordinance is back for you, and it plainly covers group homes of unlimited size. So this is not a clarification; it's a huge increase in scope of coverage of the ordinance. So you have a proposed ordinance on second reading, with a material and substantive change from first reading, enough to warrant a change in the advertised title. And then it was advertised with a deceptive change in a title that undersells the scope of the change. There may be a great many group homeowners and operators whose due process rights are being undermined by moving this matter as a second reading today. I submit to you that, at best, this ordinance should only be here as first reading, and more appropriately, it should be renoticed and come back to you at your next (UNINTELLIGIBLE) meeting, corrected and more appropriately noticed. In 2000, when the Florida Legislature created the Florida Building Code, City of Miami Page 16 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 its intent was to create a uniform statewide Building Code. The Florida Building Code has within it provisions for standby generators. There's a specific section that delineates the type of facilities that have it. It's set forth there. There's also a different section in the Building Code that talks about interior environments and temperatures, and those are in there. And there are Florida Statutes that preempt local governments from having those kind of regulations, unless there's a local technical amendment to the Florida Building Code for which there's an amendment process, or you ask the Building Code -- I'm sorry -- the Florida Building Commission to adopt a Code amendment, either statewide or just in the high velocity hurricane zone, which is an area that's Miami -Dade and Broward Counties. And finally, these very similar regulations, which were brought up at State level, were struck down by an Administrative Law Judge after hearing sworn expert testimony really, in large part, based on the complexity and the difficulty of these issues. These issues are important, they need to be done, you need to take action, but this is moving too fast, and it's not yet ready. So, on behalf of my clients and others who may not be here because they didn't get the notice, we respectfully request that you direct your staff to start a process to really work this through and deal with the complexities and get this right and then legislate a really good ordinance. Thank you. Chair Hardemon: Thank you, sir. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. Vice Chair Russell: I'd like to ask that the affected stakeholders on this issue stick around for the item. I'll definitely have some questions that maybe could be addressed at that time as well. Mr. Fine: All right. Thank you. Chair Hardemon: Thank you. Victoria Mendez (City Attorney): I -- just for the record, I disagree with Mr. Fine today, I think. Chair Hardemon: The record is clear. Can I have two of you just to step over this way? Next, sir. You're the next speaker, please. Nestor Rodriguez: Thank you. Thank you, Mr. Chairman, Mr. Vice Chairman. Good morning. My name is Nestor Rodriguez. I'm the founding executive director of the Office of New Americans of Miami -Dade County. I have been working closely with Commissioner Ken Russell in outlining a plan to serve legal permanent residents in Miami, City of Miami, that need help pursuing citizenship. In the country right now, there are over 8 million people who are legal permanent residents who have yet to pursue citizenship. Only 10 percent of these people pursue naturalization. In the State of Florida, we have over 800,000 that are also legal permanent residents, and in Miami we have about 315,000 at this point. The Office of New Americans and the City of Miami are members of Cities for Citizenship, which is a national network of public cities, public entities, and city governments, with the private sector, so it's a public/private partnership, and our goal is to be able to bring these services -- citizenship workshops, information centers, English classes, financial empowerment classes and also civics. A lot of the people that are ready to become citizens are not empowered; they're afraid. They lack certain level of English language skills, and in many cases, about 30 to 40 percent of them are low - to middle -income people, so we also provide assistance in them filling out their N- City of Miami Page 17 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 400 application and getting the stipend waived. So our program, again, hopes to establish these programs with the City of Miami, in the Parks and Recreation, and different community centers. I have already met with Parks and Recreation. We have a plan for next year, and Commissioner Russell has presented this resolution, PH.24, today that allows us to vie for a grant, $5,000, in pursuit of this initiative. And I would hope that all of you and Mr. Mayor -- Welcome, Mr. Reyes; I'm in your district, by the way -- you would all consider listening to this program and helping us in, again, every year trying to help as many legal permanent residents as possible. We hope -- Chair Hardemon: Yes, sir. Mr. Rodriguez: -- that we can serve between 500 and 700 in 2018. Thank you for the opportunity. Chair Hardemon: You're recognized, sir. Richard E. Brodsky: My name is -- pardon me -- Richard E. Brodsky. I'm a resident of the City of Miami, and I have been on the City's Finance Committee since 2012. I'm speaking about Resolution RE.11, which is at page 44 of the agenda. This has to do with the proposed refinancing of a Series 2011A Bonds. Now, I'm talking about money. That's what I'm here to talk about. The Finance Committee approved or supported the recommendation of the Administration to refinance the 2009 tax exempt -- nontax exempt bonds and the 2011A Bonds, but in looking at the paperwork that was submitted to us, we noticed an issue concerning the handling of the pricing of the 2011A Bonds that is a little arcane. It's a little inside baseball, but it amounts to real money, and that's what I want to bring to your attention; why the Finance Committee conditioned our approval or support of this recommendation, and I'm going to read to you the motions that were made. Now what's -- we discovered is a little issue that has bigger ramifications. The little issue was that one -- the bidder -- By the way, this is a private placement. This is not a public financing. So these were, in effect, negotiated; that is to say, an RFP (Request for Proposals) was put out; four or five banks sent in proposals to refinance both bond issues. I'm talking about the tax exempt bonds here, 2011A. Two of the four bankers proposed -- Chair Hardemon: That means your time expired, so I'll give you some additional time to make your point, but -- Mr. Brodsky: Okay. Two of the four bankers proposed that in addition to the base interest rate that they would charge the City to lend the City the money, they would add on a bonus payment related to their assessment of the risk that corporate tax rates will be lowered from 35 percent to 20 percent by the United States Government if that proposal becomes law, and this -- the winning bid proposed a 36 basis point. That's point -- that's 0.36 percent increase in the base rate that they quoted, in order to account for what they said was the risk that the corporate tax rate would go from 35 to 20. I know my time is short. Just suffice it to say that if corporate tax rates go down, the value of municipal bonds go down, because their relative advantage of any one issue in terms of tax exemption to -- of the interest to the owner of the bonds is lessened, so that this is of great concern to the banks in this country; and, of course, we should all bleed profusely for the banks, who might take a hit if the corporate tax rate goes from 35 percent to 20 percent. Okay. They're in the bond business. Banks own trillions of dollars of bonds. It is a legitimate concern for them to make. Here's -- to cut it short, what we recommend and what the committee recommended to the Administration and to our special advisor, PF -- our City's advisor at PFM -- is the following: First, that when they sit down and negotiate that deal -- City of Miami Page 18 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: It's not -- four minutes now you've passed. Every time it beeps, that's another two minutes. Mr. Brodsky: I'll try to do this in 35 seconds. Chair Hardemon: There we go. That's my challenge. Mr. Brodsky: First, this is -- But this is real money. Chair Hardemon: I believe you. Mr. Brodsky: One, instruct the Administra -- instruct the negotiators to try to lower that 36 number down as much as possible, and I'm told that it was lowered to 32 percent bonus; that is to say, increase over the base rate. I'm not going to quibble with that. I wasn't at the table. I don't know whether that's a good, bad, or indifferent proposal -- result. But what we did also suggest -- and I ask the Commission to enact or at least instruct the Commission -- Chair Hardemon: You lost the challenge. Mr. Brodsky: -- the Administration -- Here's the punchline: Require one interest rate to be submitted. Don't break it down into two pieces, because you could start breaking or unpacking an interest rate into all the risks that a holder of a bond might have; the risk of another hurricane, the risk that something happens to the Commission, the risk that there's an earthquake, et cetera, et cetera. Request the Administration to solicit bids with one interest rate so they can make an apples -to - apples comparison. Chair Hardemon: Thank you, sir. Mr. Brodsky: Thank you. Chair Hardemon: We appreciate it. Mr. Brodsky: Thank you for allowing me to go over. Chair Hardemon: Absolutely. You're recognized, ma'am. Christine Rupp: Good morning, Chairman Hardemon, Vice Chairman Russell. Commissioner Carollo, good to see you again. And Commissioner Reyes, I look forward to working with you and your staff on preservation issues in your district. Christine Rupp, executive director, Dade Heritage Trust, here speaking in support of SR.2; its companion legislation, PZ.7; and SR.4, the amendment to Chapter 23. The Art in Public Places ordinance, I realize how hard staff has worked on this to come up with compromises for everyone, so it's a win/win situation. And the historic preservation component to this is extremely important to assist the City in restoring and rehab of its own resources, and then historic resources throughout the City for privately owned buildings and residents, and the amendment to Chapter 23 will further enhance those efforts. So we would appreciate your votes in favor of both of those policy changes. Thank you. Chair Hardemon: Sir, I won't let you go over. Ryan Bailine: I won't go over, I can promise. Good morning. Ryan Bailine, with offices at 333 Southeast 2nd Avenue, here on behalf of Item SR.6. We were here a couple weeks ago, and we identified some issues in the ordinance with respect to scope, applicability, definitions, and the like. As my colleague, Robert Fine, City of Miami Page 19 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 explained, there have been some changes. Whether or not they comport with notice, that's a separate issue. What I'm here to communicate is we were given assurances that we'd be able to have a community meeting -- whether it be a conference call, whether it be a meeting -- to really go over the nuts and bolts of what we think is a very important program, and we haven't had that opportunity. We've been reaching out multiple times to try and get that meeting. We've sent lists of meeting attendees and what have you, and we've just been very disappointed that we haven't gotten any reception. And as a result, we're asking for that meeting. We're asking you to defer this legislation. I'm going to intro -- give the Clerk copies of the correspondence we've been exchanging over the last 10 days. We also submitted a lengthy legal memorandum, explaining the -- this SR.6 and Commissioner Gort's, what you could call, parallel or similar legislation that, essentially, if we took pieces from both and combined them, would create an important series of prophylactic measures and regulations that would satisfy -- or I believe would satisfy, the intent of what is more important, and that's protecting the at -risk population of the elderly, whether it be in what you would call ALFs (adult living facilities) or skilled nursing facilities or affordable housing. So we think that this ordinance, when you combine it with the companion or parallel that I believe is being heard in December, that we can take the best portions of each, and that, in doing so, adding them together will create the regulatory framework that I think the City has in mind. Thank you. So again, we would request that SR.6 be deferred so that we could have an opportunity to do everything I just said, and have a meeting with the relevant Commissioners, including Commissioner Reyes. Chair Hardemon: Thank you. You're recognized, ma'am. Shari Neissani: Hi. I'm Shari Neissani. I'm talking on behalf of Redsky Capital in regards to SR.2, Art in Public Places. I understand it's on the agenda today for second reading, but I wanted to bring up one point regarding the legislation, and ask a question on behalf of developers in the City of Miami. The point of the legislation and the way it's currently drafted is supposed to be in benefit of public art. However, as a developer, we are being incentivized. As opposed to putting art on our properties, which we do in the areas that we own, we're being told it's easier to pay a lesser percentage of our hard costs, pay into a fund, and move on. As opposed to actually being incentivized to put art on our properties, we're now being told, if we do want to put art, we have to put up a master plan, put money in escrow, and go through a lengthy process. That's not incentivizing us, as developers who support art, to do that. It's going to add time to what we need to do and cost us more money when all we do already in all the properties we own, in all the properties we develop is plan for art. Additionally, the way the artists are represented in the way the legislation is drafted is -- they have no protection, and artists that we work with are not even going to be -- local artists that we work with now are not even going to be able to qualify under the requirements in the legislation. Local artists, such as Nice and Easy -- other artists that are in Wynwood and other neighborhoods don't qualify. They're not being represented. They're required to give up rights. We've put art everywhere, in every property that we own, whether it's in West Palm, the Design District, or Wynwood, and we want to continue to do that. We're doing it in Wynwood. We're doing it in Design District. But now we're being told -- if we want to do it, we're being told what kind of artists we have to work with, what kind of money we have to put up, as opposed to incentivizing us to do so. It's being drafted in a way that's easier for us to pay into a fund, add money to our budgets, and move on. It's not a way that's going to make it easier for us to do it or incentivize us to do so. It's a challenge and a hurdle, as opposed to something that's going to benefit the public and make it easier for the developers to do so. Chair Hardemon: Thank you. City of Miami Page 20 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Ms. Neissani: Thank you. Chair Hardemon: Sir. Nathan Kurland: Nathan Kurland, 3132 Day Avenue. The reason I never tell jokes about German sausage is that they're the worst. What's even worse than my pun are two bills being proffered by the House and Senate of the State of Florida. I have visited each of your offices to inform you about these horrendous bills, to wit, House Bill 521 and Senate Bill 574, which state, in summary, that no municipality, county, or other political subdivision may prohibit or restrict a private land owner from trimming, removing, or harvesting any trees on private property. In addition, no municipality, government organization whatsoever shall require mitigation, including, but not limited to, the planting of trees or the payment of a fee. I serve as a member of the State board of Scenic Florida. I serve as a member of the City board, Scenic Miami. These two bills are disastrous. This would allow any private property to chop down, with no mitigation whatsoever, any living tree on that property. Here in Coconut Grove, I know Commissioner Russell is very aware of this. I've dropped off these two bills. What I hope my speaking to you today will accomplish is that you might direct the City Manager to send off a letter to our representatives in the Senate and the House to absolutely tear -- reject these two bills. These would absolutely be absurd for the City of Miami and very injurious. Thank you. Chair Hardemon: Thank you, sir. Renita Holmes: Madam Holmes again. Just for the record -- And I know we've had lengthy conversations, but there's a changing of the guards. You know, there's only one thing I want. You know, when I come down here, really, as a person -- nobody pays me; say, "Why do you put yourself through this pain? Why do you put yourself through this? Why do you challenge them?" I even get questions of "Why are you angry?" They don't do the body counts, but I know what I see. And sometimes you have to say -- whether it's inappropriate or not, you got to say what you see. But I am asking for something a little bit different this time. I'm really asking you to set a consistent calendar of roundtable conversations, where there is reporting, where there is comparison and patterns and trends as to what we were doing at the same time next year, and particularly, for Commissioner Manolo, because I know he's a straight -up person. We don't talk the terminologies, but we had so many changes. You know, not the average citizen, Commissioner -- and I'll say this in closing -- will take and read legislation, or has a house full of boxes like this, or for 13 or 14, 15 years go one by one. I don't have enough time to do it, but I really do it. And sometimes, by the time I get here, I'm doing it. But I'm wondering if sometimes you guys talk to each other about what we're doing. We cross -- If we did a map of each neighborhood, with each project that you've done, a new initiative you've done, and talked about what the impact was to the adjusted neighborhood, then we would really be doing things, like connecting to protect. Those were the traditional ways. I know Danny to be a organized City Manager. I'm sorry; I called you by your first name. Mr. Alfonso. That's a soldier, all right? A big hoorah. The man served in it, so he know every shot that come your way wasn't meant for you. But I've got the type of planning that I always wind up with some friendly fire in the back. I've got the type of development where there's a lack of communication. And I've got the patterns and trends that (UNINTELLIGIBLE) 30 years where my wound, my neighbor, and every woman that live next to me come out in the end with a whole lot less. So something tells me that's unfair, and that's not your intention, but how in the hell are you going to talk to me about talking to my neighbor about the project next door, when they passing through my neighborhood and don't even speak to me? I need you to set an example of consistently watching, because bottom line, as a black woman, I lose more bodies, more people that look like me, more people I know, City of Miami Page 21 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 whether you think I know or not, and I keep after your stuff. Keep after my stuff. My children and my neighborhoods are my staff. Chair Hardemon: Thank you. Ms. Holmes: Right now, this is what I got. And not one cop in here or one cop listening to me or one cop in my neighborhood know, four or five bodies. Four out of the five shootings have been women, females. We have had an average of four. Not every shooting is a homicide, but damn, I got to die for you to take it seriously? Chair Hardemon: Yes. Ms. Holmes: Huh? So, if it was in your block and your neighborhood that you could look out a window and see that, you could see body tags, this virtual map of death, while everybody else is building up some stuff for somebody else to live, you would feel the way I feel now. But there's more to me than that as a black woman in Overtown and Liberty City and District 5. I know how to read legislation. I know how to plan. I know how to design. There is more than one Ms. Stewart in our community, and you got to invest in that. I got boys out the military right now that are talking to boys that only live in my neighborhood, that have concealed weapon license, that mothers sit on councils, and they are mad, because their mothers don't get no resources to create youth programs right in our district; right in yours too. So I know that, because I walk through your neighborhood, but I don't get no appreciation. I'm being told, "You got two minutes, and that's it." So every time I have a opportunity to step up here and say, "I want to save a kid's life or save a woman's life, if you'll just change something a little bit or do something different, because I saw it happen this way three years," take me seriously, take me seriously. Thank me later. You ain't got to give me no money to do it, or all that there. Fine. God'll whoop you enough; you'll want to give it to me. Chair Hardemon: Thank you, Madam Holmes. Ms. Holmes: But I really need you all up there as leaders to change your methodology of practice and public administration when it comes to safety and health. Chair Hardemon: Thank you, Madam Holmes. Ms. Holmes: And consistency, collaborations and measuring and guidelines and performance are mandated as well, and you have the ability to do it. We won't mind if you slow down to do that a little bit more; I'll take you more seriously. Chair Hardemon: Thank you, Madam Holmes. Ms. Holmes: Thank you. Chair Hardemon: Mr. Alfonso, she said, "Every shot that comes your way wasn't meant for you." That's a hell of a comment. First of all, I'd just like to say to my board members, thank you so very much for sitting -- I know we're at 12:10. Typically, what we do at 12 o'clock, we typically -- we break and leave what was last on the agenda. Well, we handle what was last on the agenda we were discussing. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: City of Miami Page 22 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 AM.1 City Commission - Special Meeting - Sep 19, 2017 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort AM.2 City Commission - First Budget Hearing - Sep 19, 2017 5:05 PM MOTION TO: Approve RESULT: APPROVED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Chair Hardemon: Is there a motion to approve the City Commission meetings from September 19 and the first budget hearing of September 19? Commissioner Carollo: I'll move it. Chair Hardemon: It's been properly moved and seconded by the Chair. Any further questions on that motion? Hearing none, all in favor of that motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. MV - MAYORAL VETOES NO MAYORAL VETOES (Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the City Clerk as the first substantive item(s) for City Commission consideration.) Chair Hardemon: Are there any mayoral vetoes? Nicole N. Ewan (Assistant City Clerk): Chair, there are no mayoral vetoes. Chair Hardemon: Okay. END OF MAYORAL VETOES City of Miami Page 23 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PA - PERSONAL APPEARANCES PA.1 PERSONAL APPEARANCE 3215 MS. KAREN CARTWRIGHT TO ADDRESS COMMISSION ON THE LACK OF SERVICES IN OVERTOWN AND THE REASSIGNMENT OF OVERTOWN'S ASSIGNED CITY EMPLOYEES. RESULT: PRESENTED Chair Hardemon: Right now I also have a personal appearance from Ms. Karen Cartwright. Is Ms. Cartwright --? Oh, she is here. I didn't see her hiding behind that beautiful hat. You're recognized, Ms. Cartwright. You have five minutes to address the body. Karen Cartwright: Good morning. Chair Hardemon: Good morning. Ms. Cartwright: Mr. Chairman, I would like to tell you that I have a lot of stuff that needs to be addressed in Overtown, so I want to get through it. Chair Hardemon: You're on my side, so -- Ms. Cartwright: Okay. Chair Hardemon: -- I know you; you're fighting for it. Ms. Cartwright: Ladies and gentlemen, my name is Karen Cartwright, and I live at 1600 Northwest 4th Avenue, in Overtown. There are five things in life you cannot recover: a stone after it's thrown, a word after it's spoken, an occasion after it's missed, a time after it's already gone, and trust after it's lost. Overtown has been used, abused, and neglected for many, many years. It had numerous representatives, some of whom made countless, political, and financial promises, only to deliver wisps of same. Each one grasped the power the electorate willing gave, and in return, neglected to address the cancerous apathy, consuming the once prominent and thriving black community. Afford (UNINTELLIGIBLE) housing conditions, poor; staggering joblessness; so-called affordable housing; massive slum and blight; and infrastructure long outdated. It lurches forward. A major issue currently is the ongoing homeless encampments. Overtown residents currently has no rights. It appears the homeless encampments are being imposed on the Overtown community by the City of Miami surrounding municipalities, along with their affluent, influential residents, and their supporting -- supporters, utilizing not -in -my -back -yard mantra. Currently, we have a mobile truck, operated by the University of Miami, and a Mr. Tokes (phonetic), aiding and abetting in the homeless occupancy in and around Northwest 11 th Street and Northwest 13th Street area, dispensing needles and gifting (UNINTELLIGIBLE) on Tuesdays and Thursdays, thus coinciding with the assigned water truck sidewalk cleanup. Who gave permission for Overtown to be used in this incubator experiment? What insults me most and most residents of Overtown is the fact that the majority of homeless aren't former residents. We have citizens, residents from everywhere, and Overtown appears to be the melting pot for all the City of Miami and its neighboring municipalities. Drug addicted and homeless City of Miami Page 24 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 undesirables: There are no excuses for them being allowed to occupy our community, and none will be accepted further. Mr. Tokes (phonetic), Mr. Book, the City of Miami's Administration, Lotus House, the Homeless Assistance Center, the Salvation Army, the Mission, Camillus House, and the Sisters of Charity all surround Overtown, and their impact is negative. All of you, including your predecessors, never once hesitated to vote for this disastrous nightmare we now have. Mr. Wysong and Ms. Mendez, what are you doing, or what are you going to do to help my community? Or are you going to continue to do nothing, thus enabling the further decline of Overtown? Enough. Get a workable plan. I would be inclined to listen to the excuses, if we were talking about former Overtown residents. Whether crimes of choice or crimes of opportunity, my community continues to be vilified. To date, it has no airport, no seaport; no helipad, unless you come to the City of Miami Police Departments [sic], but it's inundated with life -threatening drugs and its accompanying paraphernalia. I've learned that there are vacant positions for law enforcement in Overtown. Listen up, City of Miami. Is it because, as one officer stated, working in Overtown currently, Overtown is boring? Correct me if I'm wrong, but isn't policing supposed to be about protecting and serving? Or is protecting and serving a pathway to entertainment? Or is it keeping a community safe for its residents and visitors, even those who appear to not want to be policed? Dr. Martin Luther King, Jr. said, "Do not allow anybody to make you feel like you're nobody." And the residents in Overtown are somebody. On that note, when is the City of Miami Police Department going to start giving its employees, the individuals that they chose as supervisors, the tools and equipment to perform their assigned jobs? Withholding or minimizing tools needed means poor services. Why can't Overtown be treated, say, like Brickell? My bad. No millionaires. No parking signage enforced. Northwest 19th Street, between Northwest 3rd Avenue and Northwest 5th Place, signage missing and not enforced; Northwest 17th Street, between Northwest 6th Avenue and Northwest 7th Avenue, not enforced; Northwest 9th Street, between Northwest 2nd Avenue and Northwest 3rd Avenues, not enforced. The residents in the Town Parks have assigned and visitor parking; so does the Villages of St. Agnes and the Carrie Meek Manor. Northwest 19th Street, between Northwest Miami Court and Northwest 1st Place, have signage: "No thru trucks"; not being enforced. Who 's charged with enforcing responsibilities? Hurricane Irma, the Category 5 storm that wasn't. All the hurricane storm disaster prep meetings, and what? Overtown and her neighbors still has pockets of landscaping debris, frees uprooted and falling, sidewalks blocked by shrubbery, light poles tilted or down completely, signage down, lights not working, potholes in streets, properties with storm -related debris, and seemingly no plans for removal. Overtown code -- Overtown's Code Compliance officer is on a Helter Skelter mission, everyone but over-- everywhere but Overtown. We have damaged fences, overgrown lots, broken sidewalks, and tree stumps, and illegal dumping. Help. I was promised that Overtown's hurricane -related issues would be addressed in 48 hours. I'm still waiting. But, alas, nothing, nothing was done without Karen Cartwright. Overtown has again been given a backseat to the more affluent areas' issues. What a pity, the former occupants of Coconut Grove Village and Overtown weren't clairvoyant. The City of Miami would not have been incorporated in July 28, 1896. The consent decree that is currently moth -balled wouldn't exist, and probably, neither would women and Hispanics that currently are a part of the City of Miami's Police Department. The emblem that graces every letterhead, every uniform, every City of Miami document, was designed by the late Dr. Robert Ingraham, a former City of Miami police officer. On Northwest 11 th Street and Northwest 5th Avenue sits an historical building. Miami's historical relationship with the police and the community whom it served gets little or no support. It has been ignored, given a spoon-fed minimum assistance in its preservation. Why? FPL (Florida Power & Light) promises: nothing. FDOT (Florida Department of Transportation) promises: nothing. Public Works promises delivery: a few exceptions. HUD (Department of Housing and Urban Development) promises. Code violations, substandard housing, City of Miami Page 25 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 mold, mildew, and asbestos, and to top it all off, vermin. Miami -Dade County, where do I begin? Overgrown lots, poor housing maintenance, lifting -- lighting offenses, parking violations by occupants of Courtside, Lyric Plaza, Island Living; Courtside occupants also hinder the City of Miami's Solid Waste street sweepers from doing their job on Northwest 4th Avenue. FDOT and other no trespassing -- FDOT's no trespassing -- other no trespassing signage are violated every day. I've also seen police officers driving by and ignoring the crime in progress. The crime may be a misdemeanor, but it's still a crime. FDOT fences are continuously being breached. There needs to be a better information sharing and enforcement. The road construction improvements of State Road 7: Who issues the road construction permits and enforces them in the City of Miami? Unfortunately, for the residents in Highland Park and the surrounding businesses, they have an air pollution issue, dust and unsightly, and an unsightly mass of excavated road debris, along with sand, because Northwest 14th Street and Northwest 7th Avenue is a staging area and storage for the workers. FYI (for your information), the lot being used is Miami - Dade County's Corrections property. No water truck is being used. No proper screening of area. I do not consider a screen enclosure of three feet in height adequate. Chair Hardemon: Where is that one? Ms. Cartwright: Northwest 14th Street. It's right above your house. Chair Hardemon: That -- it's probably -- Ms. Cartwright: Right above your house. Chair Hardemon: -- one foot tall. It's not even that. Ms. Cartwright: Well, I -- they said -- Chair Hardemon: It's like a -- Ms. Cartwright: Excuse me, Mr. Chairman. Chair Hardemon: -- 15 inches. Ms. Cartwright: Mr. Chairman, they said it was three feet. Chair Hardemon: It's not three feet. Ms. Cartwright: The only problem is, I'm five foot four, and it don't reach to my knee. Chair Hardemon: Exactly. Ms. Cartwright: So we have a little problem. Chair Hardemon: I agree. Ms. Cartwright: But, hey, who knows? Allapattah needs to address their properties that intersect Overtown. A wise man said, "One should not laugh when others fall, or are victims of their egos." Learn from their fall. Learn from their fall. Do not laugh, because Lady Karma is the equalizer. And just a FYI, to the employees who continue to practice medicine without a license, a piece of unsolicited advice: It's a crime, punishable by a prison sentence. City of Miami Page 26 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Reyes: Mr. Chairman, may I --? I agree with you, ma'am. I have been to Overtown, and I was the principal budget -- principal economic analyst for the Overtown/Park West Redevelopment Project -- Ms. Cartwright: Um-hmm. Commissioner Reyes: -- when I worked for the City of Miami back in the '80s. And I would like -- I mean, would like for the -- if I may ask the City Manager to take all actions necessary to address the concerns that you have and make Overtown a better community. I mean, more served by the City of Miami. Ms. Cartwright: Mr. Hardemon, my problem with 13th and -- between 11 th Street and 13th Street, on Northwest 1st -- from 1st Place back to 1st Avenue, I don't know who gave the University of Miami carte blanche. I love the University of Miami; love everything that they try to do, but there are some words I can't use in this Commission chambers that I wouldn't hardly use to them. Everybody in Overtown has rights. How is it that the City of Miami can quote Pottinger's edicts to me, but they cannot come up with a plan to help my community deal with this problem that most of the people on 11 th and 13th are not from Overtown? I got people from Delaware, from Alabama, from Arkansas. How did the City of Miami just sit there and let this happen? You represent me; Ms. Edmonson represents me from the County, and I'm looking at this every day. Chair Hardemon: Ms. Cartwright, I will tell you, first, you are right. Ms. Cartwright: I don't want to be right. Chair Hardemon: Hear what I'm saying to you. You're right. I know you know that you are right. I struggle with understanding if many of the powers that be, or people who have authority, people who have -- Ms. Cartwright: Control of the money? Chair Hardemon: -- the ability -- not even control of the money. The people who are -- the person who actually has the ability to -- who has the job to go out and ensure that the streets are clean, that the -- that there are no homeless encampments, that there's a -- there are no drug sales going on. All of these things that people have the authority to do, I struggle with really understanding if they want -- or they do adequately their job in those communities. And I say that to you because if I put a tent on the public swale out in front of -- near Monty's, I don't think that tent would last 10 minutes. Ms. Cartwright: Two minutes. Chair Hardemon: If I put that tent in front of City Hall, I don't think that tent would last -- I've seen police officers move along people in Wynwood -- Ms. Cartwright: Um-hmm. Chair Hardemon: -- not someone who had a tent, but just someone who was standing on the sidewalk talking to people as they walked by. But I witnessed permanent housing being built near Jackson Soul Food. I see it near -- I mean, this is the thing: Remember the little boy that passed away -- Ms. Cartwright: Yes. Chair Hardemon: -- from the ingesting of the drugs? City of Miami Page 27 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Ms. Cartwright: Um-hmm, the phenylin [sic]. Chair Hardemon: The one thing that the news media didn't talk about was that this was down the street, a stone's throw away from we know where they sell the Fentanyl. Ms. Cartwright: Yes. Chair Hardemon: So it's not a puzzle to me of how -- Ms. Cartwright: It's selective. Chair Hardemon: -- we came into contact -- Ms. Cartwright: It's selective. Chair Hardemon: -- with this thing. So I say that to say, in the CRA (Community Redevelopment Agency), we gave an additional -- I mean, now it's probably more than $3 million -- towards assisting with policing in Overtown that I felt was going to add to the presence of police there, but also give us more bodies so that the things that were going on there will cease going on, because it's like -- it's not rocket science. I mean, if you take yourself right now underneath the expressway, south of 14th Street, next to that building, where the man sits in that white van who sells drugs out of his van, and he says he lives in that building. I've witnessed a drug sale -- or I've witnessed someone walk up to him and say, "Can I get a rock?" And he looked at them and said, "Why do you think I sell drugs?" I mean, I've witnessed the people that are underneath myself shoot drugs, overdose, (UNINTELLIGIBLE). You know, I've seen it all myself,• not from responding from a police call, but from being there. And so, if all of this is happening in the same spot at the same time -- Ms. Cartwright: Same time. Chair Hardemon: -- every single day, how is it that -- I'm paying for additional police presence -- how is it that you have all types of police -- you have all these different task teams, but the only thing that you can ever get complete or you manage to do is to ticket someone for staying in a -- is to bother someone who has a scooter parked on the corner of a -- next to a business, who is providing delivery services to the community? Ms. Cartwright: Well -- Chair Hardemon: So my frustration with this is just as much mine, as I can see it is yours, because the way that I see it is that there's no way that these communities should be suffering from this. And so my issue is that I've -- the Manager and I, we speak about this greatly. The Manager has done -- I know that he's done a lot of different things. Ms. Cartwright: It's not -- Mr. Hardemon, this here is just as much the community's responsibility as it is. The reason that I'm coming here is because I have grandchildren, and I've talked about them before. I have children in the neighborhood that I tutored, that I'm watching die, okay? I am not happy. I am aggravated by the point that I have to look at these kids laying down and trying their best to move forward, but how do you move forward when everybody is blocking your way? If I use my grandmother's philosophy to handling stuff, I'd walk up to you and ask you, say, "Excuse me." And then, when you don't move, I'll ask to walk around you. But the next time you don't move, I'll punch your lights out. That won't City of Miami Page 28 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 work for anybody now, because they -- "Ms. Cartwright, I'm going to arrest you." But that is my reaction now to 13th Street. That is my reaction to Northwest 2nd Court. That's my reaction -- Chair Hardemon: They make you walk in the street. Ms. Cartwright: Yeah. I walk everywhere. Chair Hardemon: You have to walk in the street to get past them. Ms. Cartwright: I have -- Chair Hardemon: But the thing is -- and the thing -- Ms. Cartwright: I have homeless people telling me that I should walk in the street and not walk on the sidewalk. Chair Hardemon: Madam Cartwright, listen, we had a meeting of the CRA on -- Ms. Cartwright: 13th, yes. Chair Hardemon: --13th -- Ms. Cartwright: I was there. Chair Hardemon: -- in between -- We were there, right? Ms. Cartwright: Um-hmm. Chair Hardemon: And the one thing that I was disappointed about was that it was -- Ms. Cartwright: They cleaned it up -- Chair Hardemon: -- in a condition -- They cleaned it up -- Ms. Cartwright: -- before you got there. Chair Hardemon: -- before the meeting. Ms. Cartwright: Um-hmm. Chair Hardemon: The people weren't there. Ms. Cartwright: They cleaned it up, because they did not want that little bubble to hit them. When they -- like when I said I was coming to City Hall to talk about this, they all said, "Well, they're not going to do anything." And I said, "You don't want to tick me off" because it will not end nice. And I'm saying this -- this is -- I'm not coming back here to say this again, because on that street in Overtown, I walk everywhere, and I know where I have help and where I don't. I'm not like Ms. Holmes; I do not go to "dead" anything. I saw enough death when I worked in the hospital, so I don't do that anymore. But I am -- neither am I going to sit back and be quiet about them not taking care of this problem. This problem, along with all the slum and blight and all the other garbage, I need this taken care of because if you put lights -- if you get a well -lit area, it's a lot better than having a dark area for them to do their activity, and nobody wants to improve the lighting in Overtown. Nobody. Because all they -- everybody says -- FPL said to me a week ago, it's not their problem; talk to the City. When I talk to the City, "No, it's" -- "You talk to City of Miami Page 29 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 FP&L." So who do I believe, and who is responsible for what? Because I can get photocell. I can talk to the Park director and get photocells in the mini parks and the -- and I can't even get it on the street? Why? What is it about my neighborhood that's fascinating to people who live -- who don't even know about Overtown? But they get out of jail and they're in Overtown. They get out -- Homestead people, Overtown; Miami Beach people, Overtown. What is it about Overtown? Because, like I said, no boats, no helicopters, no airplanes, no nothing, so how? And the staff in Overtown, the staff in Overtown needs help. A month ago we lost a service center aide, because what? Some brilliant person don't even know how to count. But me, the next time I'm here, I'm coming with a lawyer. Thank you. Chair Hardemon: Thank you. Mr. Manager, like Commissioner Reyes said, we have to -- I want to -- it's almost like I want to write a poem, because maybe in the poem, I can be honest and people will take it as art, because when you have art that's offensive, people stand for it, but sometimes speech that's offensive, people won't stand for it. And so, I say that to say, the frustrations -- every -- it's almost like -- many of our employees drive through Overtown. County employees, they see the same things that the people who live there see. Police officers who police the area, you know when the lights are out. Lights shouldn't be out for 14 days, et cetera, an FP&L light or a horsepower electric light. We've talked many times about 14th Street, 7th Avenue, that the -- that they're doing staging on now, that the Corrections Department has that prop -- If you see this -- before, they didn't have a fence, and that's not a fence. It looks like a mini flag that's long enough to just travel all the way around. The dirt is probably 15 feet high, and I don't know the Code violation for it or what -- it just looks wrong. As lawyers, you realize when you're in court -- and people never -- like I didn't understand, like I know now, the -- I didn't understand certain rules when -- like Evidence Code, right? Evidence Code is not just something that you have to know; it's something that you have to feel. When you're in court and something starts to turn in your stomach, as a lawyer, because they're saying something regarding your client, sometimes you just have to say "objection," even if you don't know what the objection is, because it's objectionable. This -- what I'm seeing in these neighborhoods is objectionable; expansion of certain homeless facilities, the proliferation of the homeless facilities. She's right. It -- you're exacerbating the issue on a community, and no one seem to give a (expletive) about it. You know, the fact of the matter is that Miami -Dade County releases all of its arrestees in Overtown. Everyone knows that that's where you go to buy the best drugs. All over the nation they feel that way. But we don't have a handle on what's happening. Yes, do we sometimes go in there and have raids and get things -- you know -- and make some arrests? Yes, that does happen. But there is no reason to me that I would think that we can't have an all -the -time presence in certain areas that have these types of issues. I understand. You can't chase gunshots. That's one of the most difficult things, unless you're the Federal Police Department, because the Federal Police Department, they put resources in to -- investigatory tools that kind of stop it from happening, as best as they can. But when it comes to major drug sales -- At 7 o'clock in the morning, you can watch drug sales. I'll tell you where. On 3rd Avenue, there's a corner laundromat. Next to the laundromat, there's a store. Those guys are at work at 7 in the morning. You just sit there or drive by; you watch the hand-to-hand transactions. It happens every single day. All of the elevation that we have in Overtown, where you have perfect views of what's happening, and we can't stop these things that are happening. So to me, the only thing that -- the only result that I have, board members -- and I'm sorry that we took all this time to do this -- but the only resolve that I have is this: Is that you don't want to stop it. You don't want to stop it. And I find that very difficult to believe, because, you know, I'm a son of a law enforcement officer who believed in getting involved with things like this. Most of the officers that I interact with are officers that want to stop certain things from happening, but it can't be. They have the same conviction about things that Madam Cartwright has, that Ms. Stewart has, that many City of Miami Page 30 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 of our neighbors who are in those neighborhoods have about solving the issues that are in their neighborhood. I feel like we get it done. We certainly have all the resources. We have all the resources at our fingertips. We have dollars. When a police officer says, "Listen" -- Remember this: We had a emergency ordinance that put fencing on vacant lots. You know why I put an emergency ordinance? Because I didn't want to fence in Overtown. I don't want it to look all fenced in, where you have vacant lots, but the reason was because they were setting up homeless encampments all over the vacant lots and dying next to people's homes. And then a police officer will say, "Oh, well, it's a private lot, so I can't go in there and check the private lot, because it's not really trespassing," blah, blah, blah. But a police officer also knows that if he can see that there is criminal activity occurring on that private lot, then he has the right to go in there and make an arrest. Right? So I'm looking at this thing, and I'm saying -- I'm watching across the street from the Jefferson Reeves Health Clinic, where he -- this guy had a whole apartment there; a living room, a bathroom. I mean, everything that you need -- and he cooked in this place, but what's going on was that -- So watching this happen is like -- we can't continue to allow this to happen, so we put the fence ordinance, and thinking that the police officer will say, "Okay, now we have a fence ordinance. They have to have 'no trespassing' signs. If I see someone in there, you have to show me proof that you're supposed to be there. If not, I'm going to trespass you, because now I have the authority to do it." The question is, are you trespassing them? But then the next thing that the -- an officer requested -- or -- it wasn't an officer. I apologize. It was a member of the Administration -- requested was, "Can we have the fences" -- "instead of them being four feet or Jive feet, can they be 10 feet?" You're missing the point. The point was to provide notice that you shouldn't be there. The point was so that there wouldn't be any homeless encampments in these places, because what's happening is -- and I remember this. And I'll get off -- and I'll stop after this. Madam Holmes, is it --? It's south of -- that will be -- the new school that's just been built. Renita Holmes: Douglas. Chair Hardemon: Douglas. South of Douglas -- Ms. Holmes: Yes, sir. Chair Hardemon: -- there's a street that goes just south of it. It goes -- and it goes underneath the expressway (UNINTELLIGIBLE). Ms. Holmes: It's an alleyway, actually. Chair Hardemon: Say it again. Ms. Holmes: It was considered an alley; it's an alley. Chair Hardemon: Right. So that street, I tend to pass by that street. And every time I pass by it, it's like my grandmother's street. I say that because every time I pass by my grandmother's street, I look down the street to see who is at my grandmother's house. This is a habit that I've always done. And when I pass by there, I always look down there to see if there's -- there are officers there, because there tend to be officers down that street, and they'll sit and -- where they can talk, et cetera. And I've all -- it always bothered me that they were down there, because there's no one down there. There is absolutely no one down that street; where, in other parts of our community, where all the activity is happening, I would love for those officers to meet and just talk, because I would think that that presence would just break some of that activity up. And the reason -- and I told -- I had a conversation with an officer, and what he said to me was, "We're having a meeting right now. We're having shift City of Miami Page 31 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 change," et cetera, "so we're meeting here." And I said, "Fine." But I told him about, "Hey, there's another street where we have a lot of activity; you all should meet there. I think it will make a big difference." And the officer said, "Oh, you don't" -- 'you're talking about the street where all the homeless people are." And I said to him, `All those people are not homeless. Some of those people" -- "many of those people are actually there because they realize that, 'I can buy drugs where the Chief is standing or sitting, and I can use my drugs where the Chairman is, and no police officers is going to come and bother me because they don't want to deal with homeless people."' So what's happening is, people that are dressed like the Vice Chairman are -- not exactly like him, but he's very clean, and that's what I mean -- people that are dressed like the Vice Chairman, they don't hold the drugs. The homeless guy -- Ms. Holmes: Holds the drug. Chair Hardemon: -- holds the drugs. So when the sale happens, money goes to a homeless guy -- direction is made to a homeless guy; the homeless guy provides the drugs, and they keep it moving. The sales are happening right in our face, but I understand. Police officers have to clean their own car. They don't want to put homeless people in their car. The smell. They may get pricked by a needle. All these things are people problems that we're having with addressing these crime issues. So you'll stop Peanut, who's walking down the street with his pants down, but you won't stop Emily, from Delaware, as she put it, who all you have to do is follow her all over the neighborhood and she'll take you to every single person that sell dope. There are two types of -- this is why -- I remember someone said this to me. There are two types of white folk in Overtown: police officers and drug addicts. It can't be that hard to find what the issues are in Overtown and help solve them. And so, I think the plea is let's get to work, let's get to work. And I think Karen Cartwright has a point. There are some agencies that mean well, that have awesome philosophies about how you go about doing things; reducing the epidemic of HIV (human immunodeficiency virus), ensuring that people go -- that people eat and don't go hungry in our communities. But all of them are doing it in our backyard in Overtown. I'm sorry; our front yards in Overtown. They do everything there. If you -- you can't -- We have all these facilities to serve homeless people, but they want to serve them in Ms. Cartwright's front yard. They put garbage bins for pickup in her front yard. That's not fair. That's not fair. And this is no comment to any of our Commissioners, but I will tell you, if this was Battersea Woods -- I can't build a house in Battersea Woods. There's places -- I don't even know the name of this. There's a park just -- I think it's -- this is your district. There's a park -- if we go north here on that -- what's that side street called that's right next to where the Icee man is? You take that north, and you end up going east towards the little water -- There's a park back there that actually -- the parking appears to be in the right-of- way -- that says, "No parking after dark." And I bet you, if you park there, they move you. Great place to pick a -- to plot a tent down, use drugs, sell drugs. It doesn't happen. We have to be honest with this. The reason why you have all of these people in Overtown is because they've made this the acceptable place to be to sell, use, buy drugs. So if we're going to do that, then let's just do it as a city. Let's find a place, let's build a building, and let's say, "This is Drug Haven 101. This is the Carter. You will be allowed to sell, use, and whatever drugs you want to do in this building." Let's be honest about it, because as long as we're fooling ourselves, as long as we're sitting around here pretending as if it's not happening, or we're doing something about it, or the stats say this, and the people say that -- Man, they do it every day, guarantee it. Challenge anybody to hop in your car at midnight -- wake up at midnight and walk around -- or drive through Overtown. Like I say, you could do it 7 in the morning. It's probably one of the most disappointing things that I've had to deal with being a Commissioner, because what will happen is the powers that be will tell the community that it's our fault. "Oh, the District 5 Commissioner City of Miami Page 32 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 the reason why you don't have `X, ' `Y, ' and 'Z. "' I've never made a (expletive) in my life. I don't own -- I mean, I own a firearm, but I don't have the right to stop someone in the street and question them about their whereabouts and what they're doing. And I'll tell you -- and this is something that I hope that this new Commission moves forward with, and I've said this to people publicly, and I'll say it here: Crime is not a district issue; it's a citywide issue, and every single one of us should be outraged about whatever crime that's occurring in our neighborhoods. And every time that there's a crime that's committed in our neighborhood, where we walk on the street -- and I don't like -- you know me. I don't like walking on the street to protest incidents and things like that happening, but every time that something like that happens and someone dies in our community, it is a citywide issue. It's all of our problem. It's not my problem because it happened in my district. I just so happen to be elected out of this district, but it affects all of us. And when it did affect all of us -- when it started happening in other parts of our neighborhoods in the '80s, then it became a citywide issue. So I don't know what it takes. I don't know -- I don't Ms. Holmes: Commissioner, can I just make (UNINTELLIGIBLE)? Chair Hardemon: I don't know if the power's in a captain, in a major, in a commander, in a chief in a police officer. I don't know if it's in a neighborhood association, a community redevelopment agency. It certainly is not within me. Ms. Holmes: It's in all of us. And if I may, Commissioner? And I feel you. And it's good to have this type of conversation, because if you don't have it in depth to this link [sic], some describing the symptoms to what you're going through -- I just stepped up here really because it's well said, but I'm about solutions. The tears, the passion you see in me is about solutions. I wind up going from being someone that creates a One Stop to seeing that everybody doesn't believe in nonstop. I've created things, initiatives, best practices, that other people are getting paid for that don't even live in Dade County, let alone Miami. And then I live right there. Now, understand me. I don't just hang around dead places, but you've got to address the pain, if anything, because pain causes more pain. Angry cops create angry people who go out and beat their wives, who have to call more cops, and the cycle just continues, because no one is consistent. And women always wind up on the end. And I can tell you, I don't believe just in going to dying places. I don't have to, when I can step right out my door and I've got pins and stuff that tell me where the body's at; when I'm a witness; when I can't even give you my address, because I'm still exempt; when I'm so exempt that the boy that kills the boy and confesses is now free, and they don't even tell me he free; don't know when I'm coming or going. So people don't understand how important it is to me to have this consistency, to have this reporting, to have this collaboration, to have this connection, to have these incentives, to stop the conflict in the stakeholders that sit at the table; for me, last time coming down here to tell you to have a roundtable. It's not just something you do every time you get a new Mayor; it's a practice in community -oriented policing. It's something you taught me. It's what's helping me. It helps a single mother sit around table. You not outside when they selling dope; you get your behind in here at 7 o'clock. I'm patting you down. It's passing on information. We fund people who are not here that fund other people that come into the neighborhood, and when it's time for me to come home and practice what I preach, I ain't got nothing. So it's the perception that we have of each other. 17th Street is separated. Ms. Stewart's area is different from my area. I had four block -- I have four bodies my Mayor didn't know about that I got right here. I got pictures. So how do you get more money, get more friends, get more time, get in my face, get a new job, get a new a position every six months, and I'm living the same thing with less and less and less? I'm like Biggie, and I'm going to leave it here: "The more money I see, the more problems I get." But when you have to protect yourself as a taxpayer; when you got somebody telling City of Miami Page 33 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 you that's young that wasn't there three weeks ago, "Why are you walking with that stick? "; when you standing out there when kids are about to get hit on the (UNINTELLIGIBLE), because nobody's listening to me, except for every 30 days I come here. So I say this: What is the difference after we get a budget as opposed to when we get a new budget? What happens in that short period of time? And I'm going to say this to this lady. I know Ms. Kinchens. I know her from church. So that seems, we had a relationship when we were little kids growing up, but there were things that we did differently when we communicated, and I think that's what makes a good NET (Neighborhood Enhancement Team) Administrator. But here you are back in the same neighborhood. All this change in positions; buying new stuff for people who don't even understand the culture of the people, that's a old way of practice. So I challenge you, and I come down here. I'm saying, I know better, I was taught better, I created better, but I got no resources. I'm out here spending more time than the average guy that's got a car and the rest. So consistency, yes. Let's try some "C" words: consistency; collaboration, so that people don't think because they the University of Miami, all they got to do is treat our medical issues and study us like freaks; that there's not a conflict of interest; that they have to have some reinstatement; that some of their space needs to go to citizen participation groups; and that their culture of competency needs to be addressed, and that's a start. Chair Hardemon: Thank you. Ms. Holmes: Because every time we have a new change of the guards, every time we have a change of the police officers, every time we have a change of the budget, I get more of what's already fixed and not enough of what's not, and I agree. But if you really want to sit here -- and we spent 15 minutes, and this is the best colloquy. Here's my challenge: Look at the budget. How much more money have we spent on non preventive materials and resources for police officers instead of first responders? Get back with me on that. Chair Hardemon: So -- Ms. Holmes: Because that's a measure that says we have not practiced, we have not balanced, we have not got equity. And instead of you protecting me when I still got to protect you, you haven't given me much as a woman to protect myself, but yet, I'm a witness. Chair Hardemon: Thank you, Madam Holmes. Ms. Holmes: Thank you. Chair Hardemon: And the last thing I'll say -- and I said that before, like a Baptist preacher -- but what would hurt me the most is if this community was treated differently when new people move in. If after all the redevelopment that we do in this neighborhood, if only then when you have new residents and those new fancy buildings, if only then is when people take us seriously, then I know now what I thought, because all the way around, we're treated differently. I look at the -- underneath the expressway where we gifted that land or gave that contract to this designer to come down and set his headquarters, and all the back -bending that we did to make it acceptable for him to have a lease, and all these incentives and jobs he'll bring, that was the quickest I've ever seen -- what's the name of the group? What are they called, the expressway people? Commissioner Carollo: MDX (Miami -Dade Expressway)? Chair Hardemon: No, no, no. The -- FDOT (Florida Department of Transportation). That was the quickest I ever seen FDOT move in my life. And now City of Miami Page 34 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 we have in Overtown -- of course, we're talking about raising the FDOT property, the bridge, raising that; but underneath it, the trash, the darkness, the -- I mean, it's no -- we've asked in that neighborhood to improve the lighting and the conditions under there, and they drag their feet as if each tow weighs 10,000 pounds. But downtown, just east of us, they use that underground space for parking, they have plants, they have better lighting; it's amazing. Then you'll tell us, "Oh, well, we can't use that space because we're about to" -- "we're just going to destroy it anyway, and we're going to build new parking. We're going to do this and do that." When I look at what Commissioner -- what our Vice Chairman did with the Omni Park, that's the same type of territory that he has there. It's going to be developed. It's going to be this. It's going to be that. But in the meantime, we got it moving. I know that I'm limited in my authority, but I think, as a board, if all of us band together, along with those members of our community, we can do more. We could demand better for that neighborhood. And so, I don't want to say what I feel about what it could be, because I just don't want to believe it. I just don't want to believe it. So I'm just hoping that we can really have some positive change there, because the neighborhood really needs it. The Mayor said something earlier, Commissioner Carollo, and he said, "There's a no -snitch mentality in these communities." I disagree. You watch "First 48"? It was in Miami. Everybody snitches. They all snitch. But what there is, there is domestic terrorism in these communities. You expect Ms. Stewart to tell you who pulled the trigger of an AR-15 five feet from her house, when they come there every single day; when you won't stop a petty drug sale 10 feet from her house. She's not going to cooperate with the police. And why should she? She's in fear of her life. The Florida Statutes created a witness tampering law to keep criminals from tampering with witnesses, but the problem is that she doesn't even become a witness, because she's afraid to even get to that step. So there's a critical misunderstanding of the relationship between the people and the police. Maybe the police aren't afraid, but the people who live there are. And I sat outside on my porch last night; my daughter asleep in her room, and my sergeant -at - arms came and sat with me on my porch to talk to me about the shooting that happened at the park. We didn't know where the shooter was. Still don't know, right? We don't know who the shooter is. We know who he was aiming at. And all I thought to myself is, when the police officer comes and sit on me -- and sit on the porch with me, after a major shooting where someone just shot into a park, and they're somewhere in this neighborhood, what is he thinking when he walks up to my house? When that police officer comes to my house, who does he think that I am? What's to stop him from shooting at my house, because he's seeing me communicate with the police? So when you got somebody that stands outside of someone's house every single day in some of our public housing, what do you think they feel? If -- with as many shootings and deaths that we have in these neighborhoods, where this ShotSpotter system is within a certain square mile radius -- I mean, this has turned from gun violence to a health epidemic, where kids are growing up in these neighborhoods, and they feel like they don't -- it's normal to see someone dead on the street. It's normal to see someone carrying a AR-15. It's normal to see the yellow tape. They go to school; they don't get any assistance about it. It's just -- I don't know, man. We got a lot of police officers on our team. We put a lot of resources into the people, into the property, but it's not the same. They're not treating people the same. Commissioner Carollo. Commissioner Carollo: I'll be brief Mr. Chairman, but I do want to say that, you know, Commissioner Reyes, very quickly, you've learned. You know, with issues of this magnitude, you directed the Manager. Now, here's the issue, and here's what -- if I could give you any advice, once you direct the Manager, you direct the Administration, see what they do in a few months; see how it progresses. If nothing happens, nothing changes, you know what? Hold them accountable. Commissioner Reyes: I will, I will. City of Miami Page 35 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Carollo: Hold them accountable. You know, don't be afraid of making a motion to fire the Manager. Mr. Chairman, we share a zip code. The same issues that you're seeing in Overtown, you just go over the bridge into East Little Havana, and it's happening. You know, it's coming to light more now because there's a campaign and we're pointing out to some of the issues. Yes, absolutely, it's happening in the zip code that we share. And I think it's unacceptable that when you point it out to our Administration, there's always the answer of "Crime statistics show that crime is going down." That's unacceptable. I could tell you this: Months back, I did what this Commission can ultimately do, and I made that motion to hold them accountable. Unfortunately, it wasn't a -- the votes weren't there, and we continue to have the same problems. But the only thing I would say, as I'm leaving, I will tell you, hold them accountable. And the one thing that this Commission can do is hold the person that deals with the day-to-day operation; you could hold him accountable. And if things aren't going the right way -- which, by the way, with that certain issue, it's not, it's clearly not, because we wouldn't have discussed this for over an hour -- I would say, have the guts to hold them accountable. Have the courage to hold them accountable. And you know what? That might be why the new Mayor wants to take on that responsibility, so that one person that's being elected can be held accountable. Thank you, Mr. Chairman. END OF PERSONAL APPEARANCES City of Miami Page 36 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort CA.1 RESOLUTION 3054 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT, ENTITLED "FY 2018 MIAMI DUI CHECKPOINT AND SATURATION PATROL OVERTIME PROJECT," AND APPROPRIATING FUNDS CONSISTING OF A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MIAMI POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $80,000.00 TO PROVIDE FUNDING FOR HIGHWAY SAFETY; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. ENACTMENT NUMBER: R-17-0546 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 3055 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE SOUTHEAST FLORIDA PUBLIC INTEGRITY TASK FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT AND OTHER PARTICIPATING AGENCIES TO RECEIVE AND EXTEND MUTUAL AID, PURSUANT TO THE FLORIDA MUTUAL AID ACT, SECTION 23.12-23.127, FLORIDA STATUTES, IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO COMBAT PUBLIC CORRUPTION ACTIVITY, OFFICIAL MISCONDUCT, RELATED CRIMINAL VIOLATIONS, AND TO DETER PERSONS AND ORGANIZATIONS ENGAGED IN SUCH ACTIVITY. ENACTMENT NUMBER: R-17-0547 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 37 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 CA.3 RESOLUTION 3056 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES SECRET SERVICE ("USSS") ALLOWING THE CITY OF MIAMI POLICE DEPARTMENT TO PARTICIPATE IN THE USSS' "MIAMI ELECTRONIC CRIMES TASK FORCE" TO ASSIST IN CONDUCTING OFFICIAL DIGITAL FORENSICS INVESTIGATIONS; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF REIMBURSEMENT FUNDS. ENACTMENT NUMBER: R-17-0548 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.3, please see "End of Consent Agenda." CA.4 RESOLUTION 3064 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT, ENTITLED "PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN 2018;" AUTHORIZING THE CITY MANAGER TO EXECUTE THE LETTER OF AGREEMENT AND CONTRACT AND ACCOMPANYING DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES FOR REIMBURSEMENTS OF OVERTIME EXPENSES IN AN AMOUNT NOT TO EXCEED $30,000.00 FOR CITY POLICE DEPARTMENT OFFICERS CONDUCTING TRAFFIC ENFORCEMENT DETAILS AND COMMUNITY EDUCATION INITIATIVES CONSISTENT WITH THE PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID REIMBURSEMENT FUNDS. ENACTMENT NUMBER: R-17-0549 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.4, please see "Public Comment Period for Regular Items" and "End of Consent Agenda." City of Miami Page 38 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 CA.5 RESOLUTION - Item Pulled from Consen' 3216 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AMENDMENT NO. 1 TO THE SHOTSPOTTER SERVICE AGREEMENT FOR SOLE SOURCE CONTRACT NO. 13-14-007 ("AGREEMENT"), WITH SHOTSPOTTER, INC. ("SHOTSPOTTER"), TO EXPAND SERVICES TO INCLUDE AN ADDITIONAL FIVE (5) SQUARE MILES IN THE NORTH AND CENTRAL AREAS OF THE CITY ("PHASE II"), AT A COST OF $325,000.00 ANNUALLY FOR A PERIOD OF THREE (3) YEARS AND AN ADDITIONAL FIVE (5) SQUARE MILES IN THE CENTRAL, SOUTH AREAS, AND COCONUT GROVE ("PHASE III"), AT A COST OF $325,000.00 ANNUALLY FOR A PERIOD OF THREE (3) YEARS, AND PROVIDING FOR A FIVE PERCENT (5%) COST OF LIVING ADJUSTMENT ("COLA") TO THE ANNUAL SERVICE SUBSCRIPTION RENEWAL FOR LIBERTY CITY, LITTLE HAITI, AND OVERTOWN ("PHASE I") FOR THREE (3) ADDITIONAL YEARS, FOR THE MIAMI POLICE DEPARTMENT, FOR A CUMULATIVE TOTAL OF $2,562,374.00 FOR THREE (3) YEARS INCLUSIVE OF ANNUAL SUBSCRIPTION FEES FOR PHASES I, II, AND III; PROVIDING FOR A "MOST FAVORED CUSTOMER" CLAUSE; PROVIDING FOR COMMUNITY OUTREACH PRIOR TO EXPANSION OF THE SERVICE AREA PURSUANT TO AMENDMENT NO. 1; ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SHOTSPOTTER; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, TO THE AGREEMENT, SUBJECT TO COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0553 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Direction by Vice Chair Russell to the City Manager asking for community outreach prior to the full implementation of the Shotspotter Program. Note for the Record: For additional minutes referencing Item CA.5, please see "End of Consent Agenda." Chair Hardemon: So what I'd like to do at this time -- I know the Mayor has some items that he wants to call out of turn; and so, I wanted to recognize the public, if there's anyone from the public that'd like to speak on those items. Mayor Francis Suarez: You want me to announce the items? City of Miami Page 39 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: Sure. Please. Mayor Suarez: Thank you, Mr. Chair. So there are two items. One item is CA.5, which is the ShotSpotter expansion. The second item is CA.15, which is a street naming for St. Raymond of Penafort. The other items that I have are going to be on the afternoon agenda, PZ (Planning & Zoning) agenda. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: I move both items. Commissioner Reyes: I'll second it. Mayor Suarez: Thank you. Would you like to open it up? Chair Hardemon: If there's anyone from the public that'd like to speak on Item CA.5 and -- Mayor Suarez: CA.15. Chair Hardemon: -- CA.15, this is your opportunity to speak. So if you're here to speak on CA.5 or CA.15, please approach any of the lecterns; state your first name, your last name; you may state your address, and of course, which item it is that you are speaking directly to. You're recognized, ma'am. Renita Holmes: Good morning, Mr. Chair. Congratulations again, Mayor Suarez; and Commissioner Reyes, welcome to the dais. Keeping consistent -- Madam Renita Holmes, executive director, WAVE of Women. In my last response to the request of expanding the ShotSpotter, coming from 37 years of weed and seed, and living directly in Culmer and Culmer Gardens, which we've had three young men murdered, and in Overtown; knowing that, there has made a difference in the reaction to the ShotSpotter, but prevention is not the category for ShotSpotters [sic]. It is a policing tool, after the fact. It is one, but it does not exactly bring us the prevention that we're looking in Overtown. So we know that we spend a lot of money on these type of tools, and I humbly address the Police Department again and you all consistently to ask that you balance it out. You can spend as much money telling me how many shots I heard last night and that I'm responding to, because I am a responder, and I'm not just the ordinary citizen, you know, and I've been there, but I'm asking that you take a balance. And I'll close in saying that being 37 years of weed and seed, being birthed out of weed and seed, Mr. Rollins, being the citizen, the victim, the survivor, the organizer, the responder, the trained professional -- you know, I'm not a cop, but thank God for having better tools than just guns and those after the fact. When we talk about community -oriented policing, we talk about utilizing tools -- and that was the word that was utilized, my dear Chief about community -oriented policing -- that you give that community the power. I would not give a woman a pocketbook without money to spend or a credit card to do, so giving me a ShotSpotter tells me and confirms that I'm still under fire. I like the budget and any other budgets and tools and resources and/or toys to give me some kind of power to prevent the death. I think four deaths in one area in less than a week says a lot more than Channel 7 can give you, but we know it's true. Please give us some tools. Give -- start this year out giving -- putting and investing money into community - oriented tools, and I can give you a better idea. Thank you. Mayor Suarez: Mr. Chair. City of Miami Page 40 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: Is there anyone else? Seeing none, I'll close -- Vice Chair Russell: Mr. Chairman. Commissioner Reyes: Commissioner. Chair Hardemon: -- the public hearing. Commissioner Reyes: Chair, can I ask the Commissioner a question about that? Vice Chair Russell: Microphone. Commissioner Reyes: I have a question, Mr. Chair -- Mayor Suarez: Sure. Commissioner Reyes: Mr. Mayor, I'm sorry. Mayor Suarez: That's okay. Commissioner Reyes: When is the ShotSpotter is going to get to -- is going to be -- going to get to all the districts, like District 4, District 1, all that? Mayor Suarez: Yeah. So one of the things that we're doing is we're modifying this resolution relative to the boundaries. The way we had envisioned the plan and the way it was originally enacted was based on gunfire incidents. In other words, we didn't make it district -specific. We just basically found the areas where there were gunfire incidents, and that was the area where we began the program. We did it with some Overtown CRA (Community Redevelopment Agency) funding as well, and I thank the Chair for supporting it at the Overtown CRA; and we did it, obviously, with City funds. What we've seen in terms of deliverables, in terms of results is nothing short of astonishing. And I would agree with Madam Holmes that any homicide is a homicide too much; and certainly, four in any area, in as short a period, as she describes, is obviously excessive, to put it mildly; although I'm not sure that we've had four homicides in a week anywhere in the City. But I will tell you that since we began the program, our homicides are down by approximately 35 percent. The year that we began the program, we had 86 homicides; this year we're on pace for around 50, so we have seen a precipitous drop in our homicide rate. We've also seen a precipitous drop in gunfire rates. And by the way, she's -- Madam Holmes is right; you know, not one strategy alone gets you there. We had the Gunfire Detection System. We also increased -- thanks to this Commission -- our patrolling force. We increased it by about 70 percent over the last three years. We dedicated -- of every marginal dollar that came into the City, we put it to policing. We put it to give our Police Chief more resources, and we hired -- I think it was 240 new police officers in the span of about three years. And lastly, another good point that Madam Holmes made is we did use this for community policing. I created an initiative called Magic City Fit Zone. Most of you went to one of those Magic City Fit Zone. And so, what we did was we found the data, we collected the data, and based on the hot spots that we found using the tool, we've created a community - based activities where children could play, and we did the first one in Hadley Park. You remember that? It was a lot of fun. The kids went out there and played basketball with the police officers, we had a boot camp, and we had a variety of things. And in the months that we used -- that we did the Magic City Fit Zone in Hadley Park, in those months, in that area, we saw a precipitous decline. Those three months went from the highest volume three months of the year to the lowest volume three months of the year. So there -- she's -- you know, Madam Holmes is City of Miami Page 41 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 right; we need to continue to invest in a variety of different tools. This is just one of them, but this is one that I'm very proud of because I brought it to the Commission. I'm proud of -- and I'm thankful for our Chief who helped initiate it, and it is one of those things where you have to buy in. Our officers have bought in. It gets them a one -minute to two -minute lead time on a 911 call. Madam Holmes is also very correct in saying that it helps us on the back end. It helps us recover bullets. Oftentimes, there's a culture of not wanting to snitch in some of our communities. This penetrates that, because it gives you precision as to where the incident happened. So if someone calls and is afraid of retribution, they might say that the incident happened a block away. And so, finding a bullet a block away is like finding a needle in a haystack when you don't even know where the haystack is. So, you know, this helps with evidence collection, it helps puts people behind bars. It's used in criminal prosecutions. We even can tell you oftentimes the rate of fire, the caliber of weapon that is being used, and so it's something that I'm very proud of and it's a technological device that I think can help us solve some of these problems that have plagued our City for so many years. Commissioner Reyes: My question was, it's going to be expanded to other districts? Mayor Suarez: So the current resolution is expanding it to cover 80 percent of all gunfire incidents. We -- by our modification of the resolution, we're not making it boundary -specific right now, because I think there were question -- Again, one of our big limitations today is we haven't been able to sit down with each other, so certainly, we're trying to get things going, but we understand that there are limitations. Commissioner Gort, I think, also expressed the same concern; I think Commissioner Russell as well. So I want -- our Vice Chair -- so I want to be respectful of that, but at the same time, I want to move forward with this initiative, which is one that I think will benefit the City. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you. I do understand the indirect benefits. Has there ever been a direct benefit where we've actually caught someone based on having heard a shot, or is that not exactly what we're trying to do with the tool? And I guess that is a good one for the Chief. Rodolfo Llanes: Rodolfo Llanes, Chief of Police. We have made, anecdotally, about two arrests over the time. It is typically not a `you're going to catch the guy at the scene." It's not that quick. What it is, though, for the patrol officer who receives that message on his laptop or her laptop, as soon as ShotSpotter detects the gunfire, it does improve our response time to it to aid the victim if there is somebody shot, and also to collect valuable evidence and witness testimony, because you get to the scene much faster than you would the regular route of going through 911 and having an officer dispatched. The other part that the Mayor -- I almost said Commissioner - - alluded to, which is very important, is it's the gathering of data afterwards for us to be able to respond with community policing to address the areas that show us the highest volume of gunfire. So -- Vice Chair Russell: Thank you. Chief Llanes: -- the direct arrest of a subject on the scene is not the -- Vice Chair Russell: That's not the goal. Chief Llanes: -- focus of this program. Mayor Suarez: But Mr. Chair -- Mr. Vice Chair, if I may? City of Miami Page 42 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: Of course. Mayor Suarez: Because I think what happens oftentimes is -- and I think we've all seen this, and Commissioner Reyes will see this as well -- sometimes you implement a program or a technology or a piece of legislation and it has an unintended consequence. Most of the time -- or a lot of times that unintended consequence can be negative. In this particular case, I think we have an unintended -- potentially unintended consequence that's very positive that the Chief alluded to, which is response times for our Fire Department. In other words, in a gunfire incident, seconds are like hours. And so, being at a scene a minute, two minutes in advance could literally save significant amount of lives. And so, I don't know what the data would be on that, but I think that might be something worth exploring to see if there's any data that we can -- any correlation that we can create. It's hard, because it's a trauma incident. Vice Chair Russell: I think the easiest statistic you can come about -- that you could bring about that would really be effective would be the difference in a call time based on a 911 call getting through and happening versus the ShotSpotter report getting to an officer and him being on the scene. The difference in that call time, I think, is really the telling victory of this implementation. I am definitely in favor of expansion. I believe, if you only monitor what is considered the bad part of town, you actually ampler its reputation as the bad part of town, because that's the only way -- place we're listening for gunshots; that's the only place we're going to hear gunshots. So I'm in favor of expansion, but I certainly want the neighbors to understand exactly what that means. They see us mounting microphones on top of telephone poles without a lot of community input. They say, "Is this is a listening device?" It's not. Clearly, we know how it works, but the neighbors don't. So I really want implementation to be proceeded by a lot of community outreach, please. Mayor Suarez: Thank you. And I thank you for your indulgence, because as has been stated here with some of the deferrals, you know, I haven't had an opportunity to really sit with all of you, even though I sat with you and worked with you for so many years, so I appreciate that. Chair Hardemon: So if I may, I live in a ShotSpotter zone, and I don't consider it to be a bad part of town, Mr. Mayor. Mayor Suarez: No. I was going to say -- I didn't want to argue with the Vice Chair, but -- Vice Chair Russell: That's my point. Chair Hardemon: Lots of people are buying homes in my community. Mayor Suarez: Yeah. Chair Hardemon: My grandmother lives there, but -- Actually, yesterday we had an incident, and a tremendous amount of police were called, and the ShotSpotter system actually zeroed it in -- zeroed it down to where it actually happened at, and it happened in the middle of a park, so the gunfire was there. What was interesting is that before they zeroed it down to the park, the officers were down the street. The call -- a call came in; it was down the street of the house, and then it was a corner house, and they were everywhere. They couldn't figure it out. But as -- part of the benefit of the program is that you can zero it down and say, "Okay, the reason we can't find the casings are because they're in the park, they're in the grass; they're City of Miami Page 43 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 not on the street." And so -- I mean, I think it definitely does help in that sense as an investigatory tool. My issue and my question about this resolution is that the ShotSpotter system is not something that is unfamiliar now to many cities. Many cities that have an agreement for ShotSpotter -- and our agreement that we initially had, although we're warranted, it was inexpensive in its infancy, and so now I'm looking at an expanse to the program, but it looks like the costs are also growing at a rate that is -- that warrants at least a question. Mayor Suarez: Sure. Chair Hardemon: And so my thought behind it is, you know, how are we faring what we're paying as to other cities? Mayor Suarez: Yeah. Chair Hardemon: I mean, I understand we're under an agreement right now, but we're asking for an amendment, and so to see it go from, say, 162 -- no. I'm sorry. In the first phase, I know it was at least -- it was probably around 200 -- I should find it. I mean, what I can do is, I can look at the coverage -- the current coverage renewal for Phase 1, for the four square miles, from 3/4/2018 to 3/3/2019, is 194,250; and then from 2019 to 2020 is 203,000; and then from 2020 to 2021 is 214,000, but I read here -- when I look at -- maybe I'm reading this incorrectly, because I'm looking at the grand total for three-year contract commitment, so I'm assuming then that this is two, four, six; two, four, six. It's not in the end, it'll be 612, 650 -- at the end of the -- for that third quarter. Am I reading it -- am I -- did it read it incorrectly in the first time? Chief Llanes: I think that what we look at, the pricing model is based on square miles; and so, when we're expanding, you're talking your Phase 1 is almost -- Chair Hardemon: It's like double almost, right? Chief Llanes: -- it's almost double of what the original coverage areas were, and then, logically, you would want to tie the two areas together. At the beginning, infrastructure -wise, with placement of microphones and whatnot, it becomes easier to expand north and south than it does, you know, in different areas. So logistically, it's better. The gunfire detection or our incidents are in those areas. And so what you're talking about, the pricing model increasing, is because the area of coverage is almost doubling, and then when you add the third phase, that area again expands largely. Chair Hardemon: So Chief I get that part. Mr. Alfonso: Mr. Chairman, may I try? I don't know if the Mayor wants to try. Chair Hardemon: Because there are two -- okay, there are two things I see here. Mr. Alfonso: Yeah. So -- Chair Hardemon: And one, you have the coverage renewal and the phases. I see that the grand total, it says Phase 1, three-year renewal total, so it goes from 2018 to 2021, so that's why it's 612,000. I get that. I also see, it says Phase 2 and Phase 3 expansion, 650. One says the first year subscription, 650,000, and that's part of what I'm trying to understand. I have an annual subscription fee for 10 square miles of coverage that is equal to 650,000, and that number is greater than -- I mean, we (UNINTELLIGIBLE). City of Miami Page 44 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Mr. Alfonso: That's correct. So the pricing is changing. The system is getting more expensive. Now, there -- the original contract that we had had an annual escalation. This initial expansion does not have annual escalations; it is a fixed cost. It is more expensive. That is the new pricing structure. Chair Hardemon: I did read that there was a cost of living -- there was a COLA (Cost of Living Allowance), something that was built into it. Mr. Alfonso: Right. For the new pricing, it's not going to have a cost of living. It's going to be a fixed price. Chair Hardemon: Okay. Mr. Alfonso: So that is 65,000 per square mile. That is the price. The company is charging that price across the entire country on their new contracts, so it's -- we're not getting a special treatment, I guess, and they're not giving anybody else a better deal. Mayor Suarez: Yeah. And I would actually argue that since we were like a first adopter, we got a better deal. In other words, we got a better deal. And because the program has been successful nationally, it's gotten more expensive as they've gone to other cities and implemented the program elsewhere. So we sort of got the benefit of being a first adopter, and that's why our price was significantly less than what with the rest of the nation has paid on that issue. Mr. Alfonso: And I would like to add, perhaps, if -- I mean, the vendors are here. Perhaps, we put into our contract a most -favored -nation status as well -- Mayor Suarez: Absolutely. Mr. Alfonso: -- so that if they give another vendor, another company, another city a lower rate, we get that as well. Mayor Suarez: I would agree with that. Ms. Mendez: A favored nation's clause. Mayor Suarez: Yes. Mr. Alfonso: Yeah, yeah. Mayor Suarez: Yes, I would agree with that. Chair Hardemon: I mean, I would -- I mean, the vendor would have to agree to that, and certainly an approval could depend on that, because what I'm seeing is the cost increasing exponentially, right? A $2.5 million cost for a three-year contract is nothing to sniff at. I mean, $2.5 million for what it's doing is quite a bit of money, especially if you're telling me that we don't have very many, say, arrests or successful prosecutions that we're actually using this data, this information. Police and prosecutors have a great deal of information they can use in court; they choose or choose not to use it. And so, it's a great tool, but the question is always, can we use those same $2.5 million for some prevention efforts which could lead to more jobs for the kids that are actually carrying these firearms and it could be more preventative? I get it. Right. I get it. Mr. Alfonso: Yes. City of Miami Page 45 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: There's more than one way to skin the cat. I think there -- we do, currently today, approach crime prevention in a holistic fashion. I just want to ensure that, you know, we're not getting into this program where I would think that the cost would decrease, because it's not as if -- but they kind of -- Mayor Suarez: Yeah. Chair Hardemon: -- increase it. I would think they would decrease. Mayor Suarez: I think you made a good point, I mean. And obviously, I remember very vividly when you created the poverty initiative, and it was based on the principle that this -- we have to take a holistic approach to crime, and we have to take a holistic approach to poverty in our community, and I'm obviously enthusiastic about that. But I do think this is one tool of many tools, and I think we have to look at the results, because we can sort of really get into some of the fine points about data that we may or may not know about, but some of the data, the macro data is significant. I mean, having, you know, our homicide rate potentially below 50 or at 50 from 86 is huge. And so whatever we're doing -- all the things that we're doing are working together. Chair Hardemon: All right. Mr. Alfonso: Mr. Chairman. Chair Hardemon: Any other discussion? Mr. Alfonso: Yeah. The vendor said that he would agree to the clause for -- Vice Chair Russell: So an amendment for -- Mr. Alfonso: -- most favored -- Vice Chair Russell: -- favored nations. Mayor Suarez: Most favored nation. Vice Chair Russell: And also an amendment asking the Manager to do community outreach prior to implementation. Mr. Alfonso: We will definitely do that. And we'll also want to talk to our elected officials. The map that is attached is not a final map, by any means. We're going to talk to you guys -- Commissioners -- my apology -- to Commissioners about how we're going to deploy it. Mayor Suarez: Deploy it. Chair Hardemon: Also, I ask that the ShotSpotter -- I guess the ShotSpotter team is who created -- let me show you, so everyone can see. The ShotSpotter team is the team that actually created this imagery, right? Mayor Suarez: That looks like a weather map. Chair Hardemon: Right? I ask that, especially if we go out into our communities, that we replace the bodies that are laying on the ground maybe with something that is less offensive so that it doesn't appear that these are dead bodies, or they're gunshots, and maybe they're just stars or dots, but a person laying on the floor is almost as offensive as the sign that was on the wall that said -- City of Miami Page 46 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: Is that (UNINTELLIGIBLE)? Chair Hardemon: -- for women -- the women -- it said something like thigh and butt exercises for women, or something like that. I took that down, too, so (UNINTELLIGIBLE) nice. Vice Chair Russell: The bodies don't represent a person; they represent a shot, right? Chair Hardemon: Exactly. Vice Chair Russell: That's a very misleading graphic. Mayor Suarez: Yeah, yeah. What he's saying, too, yeah. Chair Hardemon: Yeah. So -- Mayor Suarez: I hear you. Vice Chair Russell: But on the other sheet in the backup document, Figure 2, there's dots and bodies. So is there a difference in what's depicted in the backup with regard to shots fired versus bodies? Chief Llanes: They're two graphics, so the one graphic shows gunfire incident; the other graphic shows a murder. Chair Hardemon: Yeah. So -- Vice Chair Russell: Got it. Mayor Suarez: I get it. Chair Hardemon: You got it? Mayor Suarez: Got it. Vice Chair Russell: Understood. Mayor Suarez: I think it's a point well taken. Chair Hardemon: Thank you. Mayor Suarez: And -- thank you. Chair Hardemon: All right. Is there a mover? Commissioner Carollo: I moved it and he seconded. Ms. Ewan: There was a mover and seconder. Chair Hardemon: Oh, it was already approved -- moved and second? Ms. Ewan: Yes. Mayor Suarez: Great. City of Miami Page 47 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: It's been properly moved and seconded. The mover and seconder do accept the amendments, as noted. Commissioner Carollo: Yes. Mayor Suarez: Chief Chief. Chair Hardemon: And seeing no further -- Well, the motion is only on this one item. So seeing no further discussion about this item, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: As amended. Chair Hardemon: Motion passes on CA.5, as amended. Chair Hardemon: CA.15, is there a motion? Mayor Suarez: Before we go to CA.15, can I just say one last thing? Chair Hardemon: Sure. Mayor Suarez: And I think -- the Chief and I have been talking about this. I think there's a movement nationally to -- basically for intelligent policing, and technology is a big component of that. And that's something that -- it's a conversation that I want to have with all of you, because I do think it's a forced multiplier, and I do think that other countries [sic] across the U.S. (United States) -- I went to see New York City's intelligent crime lab, and I think that's a big proponent -- big component of -- I know Commissioner Carollo has been very much on the forefront of this issue as well. Commissioner Carollo: Mr. Chairman. I want to add to that, Mr. Mayor, and something that maybe in the future we'll work together. I actually appropriated $1.7 million for that type of technology. I was working with the Police Chief and we were actually going to incorporate ShotSpotters [sic], but not just ShotSpotters [sic]; ShotSpotters [sic] and then various cameras in specific locations in the City right-of- ways [sic] and so forth, because we've had issues with regards to, let's say, shootings, but we can't identify the vehicles. So we would work with different types of camera systems, and at the same time, license plate readers; even though, I would say, some of those licensed plate readers work good, but the tags may be stolen and so forth. I don't know what happened through the course of the project. The Chief needed more time to do some consulting or so forth, but I pulled the $1.7 million out and back to D3, even though it wasn't necessarily for D3; it was citywide, because I could see that this, too, wasn't going to get done by the Administration. But it's something that we did a lot of homework on, and I'll be more than glad to share what we found and so forth. Mayor Suarez: Thank you. Thank you. City of Miami Page 48 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 CA.6 RESOLUTION 3141 Office of Grants Administration CA.7 3117 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SUPPLEMENTAL AGREEMENT NO. 3 TO THE MASTER AGREEMENT WITH FPL SERVICES, LLC, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ENERGY PERFORMANCE CONTRACTING SERVICES TO CONDUCT INVESTMENT GRADE ENERGY AUDITS, TO IDENTIFY ENERGY CONSERVATION MEASURES, AND TO PERFORM FURTHER ENERGY IMPROVEMENTS IN ADDITIONAL DESIGNATED CITY OF MIAMI ("CITY") FACILITIES, IN AMOUNT NOT TO EXCEED $250,000.00; ALLOCATING AND APPROPRIATING FROM AVAILABLE FUNDS IN AN AMOUNT NOT TO EXCEED $250,000.00 IN NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.534000.0000.00000 FOR SAID PURPOSES. ENACTMENT NUMBER: R-17-0550 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.6, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACCEPTANCE OF GRANT FUNDING IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000.00) CONSISTING OF A GRANT ("GRANT") FROM THE JOHN S. AND JAMES L. KNIGHT FOUNDATION FOR THE DEVELOPMENT OF A DATA INVENTORY, NEEDS ASSESSMENT, AND ROADMAP INFORMING FUTURE RESILIENCE -FOCUSED "INTERNET OF THINGS TECHNOLOGY" DEPLOYMENT FOR THE CITY OF MIAMI ("CITY") FOR THE GRANT PERIOD COMMENCING JULY 1, 2017 AND ENDING DECEMBER 31, 2018 ("PROJECT"); APPROPRIATING SAID FUNDS INTO SPECIAL REVENUE PROJECT ACCOUNT NO. 15500.150013.466000.0000.00000 FOR SAID PURPOSE; RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S EXECUTION OF THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND ADMINISTRATION OF SAID GRANT. ENACTMENT NUMBER: R-17-0551 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.7, please see "End of Consent Agenda." City of Miami Page 49 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 CA.8 RESOLUTION - Item Pulled from Consent 3149 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE PAYMENT OF A FINANCIAL PARTICIPATION FEE IN THE AMOUNT OF $22,222.00 FOR FISCAL YEAR 2017-2018 TO THE MIAMI-DADE TRANSPORTATION PLANNING ORGANIZATION ("TPO") APPLICABLE TO NON -COUNTY GOVERNMENTAL AGENCIES WITH A VOTING MEMBERSHIP ON THE TPO; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE TPO GOVERNING BOARD. ENACTMENT NUMBER: R-17-0552 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Carollo, Reyes, Russell ABSENT: Gort Note for the Record: For additional minutes referencing Item CA.8, please see "End of Consent Agenda" and Item BC.18. Mayor Francis Suarez: Now onto the second business. So the TPO (Transportation Planning Organization) is made up of 25 members now; 13 County Commissioners and 12 -- I think all of them now are Mayors, including myself of -- I'm sorry -- Commissioner Lago is not a Mayor, so I think that may be the only non -Mayor on the 25-member board. There is -- let me see how I put this. There is a lot of discussion oftentimes by the County Commissioners about the fact that they share, for example -- because people criticize them a lot. They get criticized a lot for the half cent, and obviously, 20 percent of those funds come to the City. And so they -- and I'm not advocating. This is something that they passed as a resolution. They sent us a bill. I think the Manager would attest they just sent us a bill. And so, you know, I -- what I told them at the time as the vice chair was, "Look, I will go to my Commission." You know, I know that we are -- we invest in things, like the Miami - Dade League of Cities, and I think that's a good investment, because it allows us to advocate for the City's issues at the County, State, and National level. But for them, they -- their argument was we -- we'd like to see the cities -- all the cities have a little skin in the game. Have a little skin in the game. So they ask that all the cities contribute a portion of funds to the TPO, which allows the TPO -- gives the TPO more flexibility to do studies and a variety of other things that we can work on together to make our communities better, and maybe they can help fund, for example, potentially, our Transportation Master Plan, which is something that we passed a resolution -- this Commission passed a resolution, and maybe they can be a part funder in that, or maybe we can find a way to get that money back in some form or fashion. Chair Hardemon: So -- Commissioner Carollo: Mr. Chairman. Chair Hardemon: Please. Vice Chair Russell: I'm sorry. City of Miami Page 50 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: No. Commissioner Carollo: Also, you know, I don't know where we're at, and I go back to what I said earlier with regards to giving direction, then seeing where we're at. Not only that, but transportation impact fee; we've discussed that -- Mayor Suarez: Absolutely. Commissioner Carollo: -- and that's very important, because the truth of the matter is, it is impact when we continue to build high-rises; and the density, you know, is additional people that we're bringing into a certain area, so I think it's very important to follow up on that. So -- Mayor Suarez: Agree. Commissioner Carollo: -- I'd be willing to support you on that. Mayor Suarez: Agree. Commissioner Carollo: And by the way, I think the amount is, what, $22,000 -- Mayor Suarez: Yeah. Commissioner Carollo: -- a year? Mayor Suarez: Yeah. Chair Hardemon: So the question I really had, is it volun --? This is, I'm assuming, a voluntary thing that -- Mayor Suarez: Yeah. I don't think they have the power to mandate us, and I don't think that they could like kick me off the board if we don't pay it. Chair Hardemon: It'd be a good gesture to pay it, but I just want to be clear -- Mayor Suarez: I think it would engender goodwill. And certainly, for example, they did -- they commissioned and studied, for example, the Brickell Tunnel Feasibility Study. They -- the MPO (Metropolitan Planning Organization) did it. They paid for it, and that's something that I've used and will use to go to Tallahassee to, you know, lobby for funds for that tunnel, or to -- Dade County itself to lobby for funds for that tunnel. So I mean, that's just one example. I believe, historically, they've done a variety of studies for the City, and I would venture to say that the cost of the studies far -- is far greater than the $22, 000 contribution that we would be making here. Chair Hardemon: Okay. Commissioner Carollo: I agree. And I'll make the motion to do that funding. I think the exact amount is, what, 22,000 and --? Chair Hardemon: $222. Commissioner Carollo: $222. Chair Hardemon: Correct. Commissioner Carollo: So I'll make a motion for that. City of Miami Page 51 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 CA.9 3068 Office of the City Clerk Mayor Suarez: Thank you. Chair Hardemon: It's been properly moved and seconded by Commissioner Reyes. Any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Mayor Suarez: Thank you, guys. Still got to remember, I can't say "aye." Chair Hardemon: The -- Mayor Suarez: I'm working on that. Thank you, guys. Chair Hardemon: Thank you, Mr. Mayor. RESOLUTION - Item Pulled from Consent A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE CITY CLERKS CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 7, 2017, FOR THE ELECTION OF MAYOR, COMMISSIONER DISTRICT 3, COMMISSIONER DISTRICT 4, AND COMMISSIONER DISTRICT 5; THE BOND REFERENDUM SPECIAL ELECTION HELD ON NOVEMBER 7, 2017, FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS; AND THE REFERENDUM SPECIAL ELECTION HELD ON NOVEMBER 7, 2017, TO AMEND THE MIAMI CITY CHARTER. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Carollo, Reyes, Russell ABSENT: Gort Note for the Record: Item CA.9 was continued to the December 14, 2017, Regular Commission Meeting. Note for the Record: For minutes referencing Item CA.9, please see "End of Consent Agenda" and "Order of the Day." City of Miami Page 52 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 CA.10 3072 Office of the City Attorney RESOLUTION - Item Pulled from Consent A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT OF ATTORNEYS' FEES AND COSTS IN THE AMOUNT OF TWENTY FIVE THOUSAND DOLLARS ($25,000.00) TO BUSCHEL GIBBONS, P.A. AND FIFTY THOUSAND DOLLARS ($50,000.00) TO RICE PUGATCH ROBINSON STORFER & COHEN, PLLC, INCLUSIVE OFF ALL FEES AND COSTS, AS REIMBURSEMENT FOR LEGAL FEES IN THE CASE OF TROOPER DONNA JANE WATTS V. CITY OF MIAMI, ET AL., CASE NOS.: 12-CV-81406-DMM AND 15-CV-21271- RNS IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0.0. ENACTMENT NUMBER: R-17-0555 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Carollo, Reyes NAYS: Russell ABSENT: Gort Note for the Record: For additional minutes referencing Item CA.10, please see "End of Consent Agenda." Chair Hardemon: CA.10. Is there a --? Daniel J Alfonso (City Manager): It's actually -- Vice Chair Russell: I pulled it for discussion. Mr. Alfonso: -- 11, 12, 13, 14. Chair Hardemon: (UNINTELLIGIBLE). Vice Chair Russell: No, no, 10. Oh, yeah, so it's -- Mr. Alfonso: They're related. Vice Chair Russell: 11, 12, 13, 14 all will be tabled for -- Mr. Alfonso: Yeah. Vice Chair Russell: -- till later today. CA.10, I wanted to pull for discussion. Chair Hardemon: You're recognized. Vice Chair Russell: And maybe the City Attorney can give us a brief on this. My comments to it are this -- my understanding is this: We are looking to pay the legal fees of police officers who may or may not have acted inappropriately by finding the information of a female state trooper through their data bases because she arrested one of their officers for driving 120 miles an hour on the highway. It's a very odd City of Miami Page 53 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 situation, but if you or I were pulled over for doing 120 miles an hour or arrested, we would not have recourse against an officer to go find their private information, their personal phone number. The fact that one of our police officers for getting arrest -- or getting stopped and pulled over is able to do that and then would, you know, could indicate an abuse of power. Now, the fact that, legally, they were able to get off on the case and not be found guilty certainly doesn't mean that we should condone this sort of behavior, and I don't feel that we should be paying the legal fees of officers who act inappropriately in this sense, and that's my opinion. Commissioner Reyes: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Reyes: I totally agree with Commissioner Russell and -- but I want to ask the City Attorney, are we obliged by any --? I mean -- Victoria Mendez (City Attorney): Case law? Commissioner Reyes: That's right. -- by any case law that we have to pay it, or can we fight it? Ms. Mendez: Right. So there is two Florida Statutes that are on point. And basically, when a public employee or a law enforcement officer is cleared of any wrongdoing, which is what happened here -- they were cleared of any wrongdoing -- then the municipal government or political subdivision shall reimburse. When I was -- "shall" -- But this is what I was -- and why Vice Chairman Russell is bringing this up. There's two Florida Statutes; one is permissive and the other one is mandatory. So you have that slight discrepancy in the State law, but then under the case law, it has been proven that a municipality should -- must pay for these things when they are cleared of wrongdoing. So there could be an argument, as Commissioner Russell says, but chances are, in a court of law, we would be compelled to pay for these after the fact. We're already getting a reduced rate as it is right now, and then we would probably have to pay their original fees, plus their attorney's fees in suing the City for this. So even though it leaves a bad taste in our mouth, because it allegedly was an inappropriate action, unfortunately, because they were cleared of -- that no wrongdoing was found in the case, that is why we're here asking for the cost to be paid. Vice Chair Russell: Madam City Attorney, does it make a difference on whether or not they were acting within the scope of their work with regard to what they're being accused of? If they were doing something within the course of their job, they get accused of something, they're found not guilty, we pay. But if they're doing it extracurricularly [sic], on their own. Ms. Mendez: Right. So when -- in this case, they were found not to have done any wrongdoing in the course of their job, so that's why -- Vice Chair Russell: So there's not a denial that they looked up this female state trooper's personal information. The wrongdoing that they were cleared of is whether or not they were allowed to do it or if they misused the -- their power to look up that information. Ms. Mendez: Correct. Vice Chair Russell: But it has nothing to do with whether or not she should have pulled the person over or not, whether the -- whether that was -- there was City of Miami Page 54 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 inappropriateness; that it was simply about how they used her information afterwards. Ms. Mendez: Correct. Vice Chair Russell: Yep. I'm a "no." I don't want to pay it. Commissioner Reyes: But we are between a rock and a hard place, because if we have to go to court -- Ms. Mendez: Right. I am recommending, unfortunately, that this be paid. That is my recommendation, because in -- that's my recommendation. Vice Chair Russell: Well, when it comes to abuse of power, if that makes me wrong, I don't want to be right. I'd rather be a "no" here and let them fight for it, because I'm not going to condone that kind of behavior. Chair Hardemon: It's a tough one, and I think it's a tough one, especially because -- Certainly, if the facts are alleged to be true, it is not something that you want occurring. We all saw what happened, and what the officer who was arrested -- The aftermath was something that I know I was not very much aware of and probably most people were not aware of. But there's something about being accused of wrongdoing and having a right to defend yourself and to be cleared that I'm very sensitive about. Too many times have public officials, no matter if they're sitting on the dais or if they're wearing a badge, are accused of wrongdoing, and they're punished summarily, before they really have an opportunity to really say what happened, or if they have to say what happened. Just being cleared of wrongdoing sometimes to me is enough for me to say, "Hey, then you deserve" -- "If the law says you get your money back, you get your money back. You were accused of wrongdoing, you were cleared; we're going to move on." I'm not happy with the facts. If one of us were accused of wrongdoing, and I will tell you what will happen. The Governor will remove you immediately without a scintilla of evidence. And when I look at -- For instance, I think about another city or another Mayor was accused of wrongdoing. He was removed from office. He was put -- he was cleared of wrongdoing. He tried to get his office back. They wouldn't let him in. He had to sue; not one of my favorite elected officials; didn't like his behavior. His behavior -- not what he was accused of but his behavior -- but still, he was right. And so I -- you know, I -- when you're right, you're right. Officers know there are many different people that do wrong in the community that sometimes -- and you know you got them, but you can't prove it, and so you got to let them go. You'll get them next time. That's the only thing you can do. And so to me, this is one of those things where I'm not happy with the facts as alleged, none of us should be, but if the law says that we should pay it, then I'll pay it. And that's kind of the way that I look at it. I'm not going to talk about it for a long time, but that's my vote. That's the only way that I see it. Vice Chair Russell: And what you say is true, Commissioner -- I mean, Mr. Chairman, if I could. The harassment could not be proved. But the trooper, she was harassed at her personal home. There was just simply no way to link it back to the fact that the officers who had collected her personal information had exacted that -- So you do have a point there, but I'm still a "no." Chair Hardemon: Madam City Attorney, I don't know if you can count very well, but if you want to have a vote on this now, it's not going to be favorable. If you want to - - this is -- I'm assuming this is your item. There's no motion on the floor. Ms. Mendez: I will table -- I will reset it. I'll reset it for now. City of Miami Page 55 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: All right, so -- Ms. Mendez: So if I could have it for the December 15 -- Chair Hardemon: Commissioner Gort [sic], you want to move it to -- Ms. Mendez:--14th? Chair Hardemon: -- December or are you --? Commissioner Carollo: He's ready to vote. I mean, he -- Chair Hardemon: Whatever -- what I'm saying is this -- Commissioner Carollo: You want -- Chair Hardemon: -- there -- what I'm saying is this: There's no motion on the floor. Commissioner Reyes: Right. Chair Hardemon: So the only motion that can save this is a motion to continue, right? No matter how we vote, it could go one way or the -- well, I know there's two "no's" so it is what it is. Commissioner Reyes: No, not necessarily. Chair Hardemon: If there's -- Commissioner Carollo: Not necessarily. Commissioner Reyes: Not necessarily. Chair Hardemon: Oh, okay. Commissioner Carollo: I count a little bit better. Chair Hardemon: Well, I wasn't pay -- I wasn't (UNINTELLIGIBLE) around; I was listening, so. Commissioner Reyes: You see -- Commissioner Carollo: I was, too. I was listening Commissioner Reyes: -- Mr. Chairman, you make a very compelling argument, which I believe I don't condone the actions of the officers; I think it's wrong. But if the law says that we should pay it, we got to. We got to do it, you see. But it's just like I'm voting 'yes" under protest -- Vice Chair Russell: Right. Commissioner Reyes: -- you see, because I -- That is the way it is, but I really hope that either we make some type of ordinance or make some type of -- whatever -- that any officers that behaves like that should be removed from the force. City of Miami Page 56 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Ms. Mendez: If I may, I would take the 'yes" under protest from three of you; that would be great. But I think that maybe we can make this a legislative priority to fix the statutes that address these issues, that this -- that the -- Vice Chair Russell: Move it. Ms. Mendez: -- body, the legislative body has the right to look at things case by case and decide. Chair Hardemon: But what I'm saying to you is that I don't know if I want that type of responsibility. You understand? When I -- if someone ever accuses me of something, and I'm acquitted of that wrongdoing, I don't want to have a discussion about it here; I've already gone through enough. That's my point. You've had Commissioners all down the line, from many different districts, that have been in that position, and some of them have been acquitted. And so, the ones that have, it shouldn't be a discussion. Move it, second it, pass it, and move on. Commissioner Reyes: Mr. Chairman, I think this could serve us as some precedent for future rules of behavior by police officers. See, they shouldn't abuse a power like they did, but that's a thing that -- I think that is internal in the Police Department rules, see, but we should set it. Okay. Chair Hardemon: Well, the Chair will entertain what motion the body deems is necessary. Is there a motion for anything? Vice Chair Russell: I move to deny payment of the -- well, I won't even get a second. Why don't you move to pay it, and then we'll go from there. I mean, Mr. Chairman, I understand your legal mind, and I'm glad we still have a lawyer on the dais, because having two was a big bonus. And I recognize the legal mechanism through which your mind comes to the idea that we must pay this. For me, I look at it from a policy standpoint of what we stand for as a city and the statement we're willing to make, and I think we should implement education. I think we should teach people within our departments many, many things; but to start with, when an incident happens, we certainly don't want the public to say, "Well, our hands were tied. We weren't willing to take a step." Or certainly, because of precedent in the past, precedent in Miami should never be a reason not to go against the grain, because our past reflects that. So that's why I'm a "yes," I mean, on denying the payment, you know. And I fully understand, from a legal perspective, why you would feel the other way. So I say we just take a vote. And if you want to entertain a motion for it, we'll see where it lands. Chair Hardemon: All right, a motion will be called. Is there a motion for anything? Commissioner Reyes: Yes. Chair Hardemon: What is the motion, Commissioner Reyes? Commissioner Reyes: (UNINTELLIGIBLE). Chair Hardemon: It's been properly moved to pay -- it's properly moved to approve agenda Item CA.10. Is there a second? Commissioner Carollo: I will second it under protest. Chair Hardemon: It's been properly seconded under protest. Any discussion further? Hearing none, all in favor of the motion, say "aye." City of Miami Page 57 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Carollo: Aye. Chair Hardemon: All against? Vice Chair Russell: No. Chair Hardemon: Motion passes. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you. If we could, we have a time certain for 3 p.m. It was a P&Z (Planning & Zoning) item that has been lingered and deferred and so forth and -- Chair Hardemon: Really? Commissioner Carollo: Yes. Chair Hardemon: Yeah? Nicole N. Ewan (Assistant City Clerk): We do have a time certain for 3 p.m. It's PZ.3, I believe. Commissioner Carollo: If we could have -- Chair Hardemon: Okay. So we need to then reset into the other agenda. Ms. Ewan: Correct, Commission. Chair Hardemon: So -- Ms. Ewan: If you can give us about one minute so that we can move to the Planning & Zoning meeting. Thank you. Chair Hardemon: All right. I'm going to recess this meeting and go into the Planning & Zoning meeting. CA.11 RESOLUTION - Item Pulled from Consent 3205 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 62-521(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT TWO (2) EVENT LIMITATION PER PROPERTY PER YEAR IN ORDER TO HOST FOOD, ARTS, AND ENTERTAINMENT RELATED TEMPORARY EVENTS AT 14 NORTHWEST 14 STREET, MIAMI, FLORIDA, THROUGH BIG TIME EQUIPMENT, INC., OCCURRING AT VARIOUS TIMES DURING THE YEAR BEGINNING DECEMBER 1, 2017 AND ENDING NOVEMBER 30, 2018. ENACTMENT NUMBER: R-17-0556 City of Miami Page 58 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For additional minutes referencing Item CA.11, please see "End of Consent Agenda." Commissioner Carollo: Back into CAs (Consent Agenda)? Chair Hardemon: Yeah. I know -- I mean, we can have -- Well, I'll say this: I want to call -- let's talk -- have some discussion about the CA.11, 12, 13 and 14 items. Commissioner Carollo: Okay. Chair Hardemon: So, Mr. Vice Chairman -- Vice Chair Russell: Yes, sir. Chair Hardemon: -- this Commission is not unfamiliar with these types of requests to waive the number of events per property for a year -- I mean, for the year. So we know that the temporary events are limited to two -- I'm sorry -- limited to no more than two events per year, per property, for no longer than two weeks per event. Vice Chair Russell: Sure. Chair Hardemon: And we've waived, especially for the Wynwood area, a number of different events. I mean, we've waived this provision for a number of different events. However, this one is a little different. These are a little different; because it appears, from the way that I read it, that the waiver is supposed to last a couple of years. Sir, may I ask that you not walk --? Okay. Thank you. The waiver lasts for a number of years, which would mean that there could be an infinite number of events that are occurring any time during that period, and that's a bit unsettling to people who live within the area; especially if they're a stone's throw from these properties, and we have individuals who are here with us that actually live that closely. And so, typically, when we have these types of events, if it's Art Basel, if it -- whatever it is we name those events in that time period so that we know more of a defined period when it's supposed to be. So that's part of my hang up with this item. So I would love to hear -- Vice Chair Russell: Absolutely. And thank you, Mr. Chairman. If I may. So this is an area called the Arts and Entertainment District within the Omni CRA (Community Redevelopment Area), which is a very blighted area. And one developer came up with the concept of activating the Arts and Entertainment District with constant events on a monthly basis to try to draw people there; pre -activating it so that once he developed, there would already be a culture of activation, of music, of food, and the Flea; these sorts of things. Chair Hardemon: Right. Vice Chair Russell: In order to do that, there was sort of a long-term allowance of him to do these events. The goal is to make sure that it doesn't impact, especially, a single-family neighborhood, and my understanding is that it doesn't. Now, if I'm City of Miami Page 59 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 incorrect in that, we can definitely alter this, because I want to be -- make sure they're a good neighbor. It's supposed to incentivize good activation; not an annoyance to people who already live there. So if there are certainly people who would be negatively affected by this, I would love to hear from them. I don't know when their first events are scheduled or what the urgency is on this, but the executive director of the CRA is working closely with the property holders who are interested in activating. So I'd -- I'm welcome to adjustments. If you think it's too long or too many, we can talk. Chair Hardemon: You're recognized, Commissioner Reyes. Commissioner Reyes: Yes. When I read it, the only thing that I -- that came to my mind was precisely what you're addressing now; you know, how it's going to affect the people that lives around that area. And the only concern that I have is we're extending it for two years. I think it's a little bit too long. You see, let's try it out. If it's one year or six months, whatever; and if it comes -- there is no problem with it, we can always extend it. You see, that's my -- I mean, if you -- I don't know if -- Vice Chair Russell: Understood. Commissioner Reyes: I could still suggest a friendly amendment, you see. The concept, I haven't anything against it. But the length of time is the only thing that concerns me, because if we have a little problem with it, then we're stuck with it for two years. Vice Chair Russell: Understood. Chair Hardemon: I know that one of the members of our community who lives in the general area would like to have an opportunity just to say something, because I know you weren't aware of this when we initially had the public comment period, so I'll allow you an opportunity to say something. Cecilia Stewart: Thank you. Cecilia Stewart, 1899 Northwest 1st Court. I am not in favor of this, and I would like for the waiver to be denied, because it's not beneficial to the neighboring residents, especially the neighbors that live on Northwest 14th and 1st Avenue and 1st Place, 1st Court, because the impact of the entertainment, the loud music, it's very disturbing, and it deprives us of our sleep. And we are like smack in the middle of this project or these type of events happening on the south side; and then to the north of us, we have the Wynwood Business District, so we're bombarded. And I don't think this would be a good idea to have it for a two-year period, as Commissioner Reyes suggested. I want to just nip this in the bud before it gets to be too much. We have already experienced dealing with a nightclub that was in our area, and it was brought before us, and we couldn't do anything after the fact, and we were disturbed all the time. So I want to make sure that you all know our feelings about this. We do not want that as being a property owner, as well as a homeowner, and as well as somebody that's concerned about our area. We do not want this to be waived, because it seems like, to me, this is a backdoor way of doing a permanent thing, and I just want you to take that in consideration. We're not for this. Chair Hardemon: May I ask you a question? If -- for instance, if the event -- if this waiver said that it was only for a period of six months, and it said that it was limited to -- it -- you could not have outdoor events, for instance, past 8 o'clock in the evening, would that be something that's satisfactory? City of Miami Page 60 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Ms. Stewart: Yes. That's much better, as far as that time period, because when it's past a certain time, and it's very quiet in our area, the music just vibrates, and it transcends the whole area. Chair Hardemon: Thank you very much. Ms. Stewart: You're welcome. Vice Chair Russell: Does -- excuse me, ma'am. Chair Hardemon: Commissioner -- Oh. Vice Chair Russell: I'm sorry. If I may, Mr. Chairman? Which address are you at that this would affect you? Where is your concern? Which area? Ms. Stewart: Starting at the 1400 Block, right before you cross the railroad track; 1st Avenue; also, even going to 11 th Street, where you have the apartment buildings there, starting like 11 th, 10th Street, all the way over. Vice Chair Russell: I mean, I would definitely be open to accepting a one-year amendment that would let us take a look at it and limit it. Those who have activated these spaces so far have been good neighbors, to my knowledge. I haven't received complaints from the neighborhood with regard to the activities they've done. The Flea has been very successful. It's certainly not meant to become a party zone; it's meant to activate an area that is currently not activated. They are empty lots that are doing nothing, and this is -- it's meant to be a healthy way to bring life to the neighborhood in a good way. It's not meant to be a nuisance. So I'd be willing to amend it so that it's for a lesser amount of time. And if there are issues, even, you know, in the shorter period, whether it's noise violations or trash everywhere, or something like that, we can address it; we can nip it in the bud, like you say, as soon as we see it. It's not meant to be a nuisance. Chair Hardemon: Now, I'll tell you, she will document every time that -- She's very good at that. She will document every single time. And when she provides information, it's something that, you know, I personally take very seriously, because she has pictures, she makes the phone calls, she's very organized, and she's honest about it. The -- what about the discussion as far as the timing of the events? I mean, if it's nighttime events, then -- I'm sorry -- if you're talking about outside properties, so vacant lots cannot be -- maybe the events aren't held after 8 o'clock; and maybe inside properties, you can have it, or like -- what do you think about that? Vice Chair Russell: So the assistant director at the CRA is telling me that the exact lots that we're talking about are not abutting single-family residential, and that it's far enough away and the events that they're type of (UNINTELLIGIBLE), but I don't have -- I don't know exactly how late these events would go. I don't know what type of specific events we needed. And if it's a concern of the Commission, we could delay this for a month to -- but it would preclude them from being able to do activations during the December period, but I -- Chair Hardemon: I don't think so. If they haven't had any events just yet, they can still apply in the normal process and be approved to have an event. Vice Chair Russell: That is true. Victoria Mendez (City Attorney): The only concern -- and maybe you want to table this for a little bit, just to get a little more information. Remember, Art Basel is coming. Is it Art Basel? I -- Yeah, Art Basel's coming. Chances are, they may have City of Miami Page 61 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 triggered the two events per year, and that's why they need these now. So you may want to ask when our -- maybe when our Zoning people come back, we can ask them. Vice Chair Russell: Gladly. If we can table it for a little bit; I certainly want to address your concerns. I want to make sure where these lots are in relation to your home to make sure it's not a direct nuisance to you, nor to other single-family residences, because that's not the intention, but I -- the goal of the CRA is to activate a blighted area and bring life to it; and so, they've done that successfully so far, and this seems to be a continuation of that, not an abuse, and that's my hope and intent. But I trust -- you know, it's not your job to document it, but I certainly appreciate your eyes and ears on the street, and we'll take very seriously any infractions that you see. Ms. Stewart: Yes. I just want to reiterate the noise travels, the loud music travels. Even with our neighbors on the Wynwood side, they have events that are on 25th Street or 22nd Street or so forth, but you can hear it in our area. So what I'm saying, the area where you have residents on Northwest 1st Avenue and 14th Street, those are single-family homes, as well as you have some apartments. That's a block away or less, and those people are affected. And we don't say anything, because, see, those people don't know. They're not here like I'm here today, and this is how I'm finding out. So I just want you to be cognizant of the impact of loud music; that's the main thing that disturbs us. You can have the carnivals and so forth, but we're bombarded already on the north side, so we want to make sure you don't have us sandwiched in for that long period of time. Vice Chair Russell: Understood. Madam City Attorney and Mr. Manager, are -- these waivers would not waive the noise ordinance, though, would they? So the noise ordinance would stay in effect and could be enforced. Ms. Mendez: Right, the noise ordinance would be in effect. It's just the amount of events. Vice Chair Russell: Yep. Understood. Ms. Stewart: So with that being said, we've been around this barn before. We've -- not new to the rodeo. Code compliance is not effective. Thank you. Chair Hardemon: I guess what you have to think about -- and I'm saying this to the board. I wasn't here when we created the two events per parcel, but two events per year is a big difference from, you know, 200. So I think that's part of what it is. So what we could do is, we can move on to other business, and then we'll come back to continue to discuss it. Or do you want to continue it to the next meeting; we have more discussion in that way, or what? Vice Chair Russell: If you want to -- actually, if we could table it for today. And if we have to move it at the end of the day -- at the end of the meeting -- I just want to make sure we're not stepping on an event that was hoping to be done there. Those who have run events in that area have been good stewards, to my knowledge, and we want to encourage that. The Flea, for example, is a very nice event that is -- it does suit -- serve the neighborhood and it activates the area; not in a loud way. Chair Hardemon: I can attest to that. The Flea, yes. But Wynwood has a number and -- you know, both of us represent areas of Wynwood. They have many outdoor concerts that are very, very loud, and so I can see why the music would travel. You guys do. Yes, you do. Thank you. Later... City of Miami Page 62 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: Mr. Chairman, I believe we have a -- opportunity for closure on the CA agenda. Chair Hardemon: Let's talk about it. Vice Chair Russell: The events on CA.11 through 14. Chair Hardemon: Okay. Vice Chair Russell: We have talked to the -- some of the stakeholders, and they'd be open to doing a one-year limitation on the temporary events and doing a 10 p.m. limit on the evenings, and we will vigorously enforce the noise ordinance as well. And I spoke with our advocate, and she felt that that was a fair compromise. So I would like to move those items. Commissioner Reyes: Second. Chair Hardemon: It's been properly moved and seconded. Any discussion? I'll tell you, I know the area, and I understand what you're trying to do, and I support what you're trying to do, so I get it. This is not something that you want to see everywhere within that area. This is something that you want to see to activate that space, because this is a unique space that I think has potential; and so, I'm with you here, especially because you came to compromise to try to activate that space to see what we can do there, to encourage people to come there. You know, that's what it's all about, so I'm with you there. Vice Chair Russell: Thank you. Chair Hardemon: Okay? Vice Chair Russell: If it wanders to where it is becoming a nuisance to the neighborhood, you will let me know. Chair Hardemon: I know you will, and I know you'll do the right thing. Vice Chair Russell: And we border our district right there. Chair Hardemon: Right. Vice Chair Russell: And so I respect that fully. Todd B. Hannon (City Clerk): And, Chair, my apologies. It's my understanding that CA.11 through 14 are all being amended through -- Commissioner Carollo: Yes. Chair Hardemon: Yes. Vice Chair Russell: Yes, to a one-year -- Chair Hardemon: So they'll all be the same; one year. Commissioner Reyes: One year. Vice Chair Russell: To a -- yeah, a one-year waiver. City of Miami Page 63 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Victoria Mendez (City Attorney): So it'll now be November 30, 2018 on all these items, correct? Vice Chair Russell: Yes. And would it be noted that the 10 p.m. limitation on the events -- Ms. Mendez: Yes. Vice Chair Russell: -- would be in the legislation? Okay. Ms. Mendez: We will amend it as such. Vice Chair Russell: Thank you. Chair Hardemon: All right. Seeing no further discussion, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Okay. CA.12 RESOLUTION - Item Pulled from Consent 3206 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 62-521(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT TWO (2) EVENT LIMITATION PER PROPERTY PER YEAR IN ORDER TO HOST FOOD, ARTS, AND ENTERTAINMENT RELATED TEMPORARY EVENTS AT 1350 NORTH MIAMI AVENUE, MIAMI, FLORIDA, THROUGH BIG TIME EQUIPMENT, INC., OCCURRING AT VARIOUS TIMES DURING THE YEAR BEGINNING DECEMBER 1, 2017 AND ENDING NOVEMBER 30, 2018. ENACTMENT NUMBER: R-17-0557 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item CA.12, please see "End of Consent Agenda" and Item CA.11. City of Miami Page 64 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 CA.13 RESOLUTION - Item Pulled from Consen' 3207 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 62-521(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT TWO (2) EVENT LIMITATION PER PROPERTY PER YEAR IN ORDER TO HOST FOOD, ARTS, AND ENTERTAINMENT RELATED TEMPORARY EVENTS WHICH SHALL NOT EXTEND BEYOND 10:00 P.M. AT 1348 NORTH MIAMI AVENUE, MIAMI, FLORIDA, THROUGH BIG TIME EQUIPMENT, INC., OCCURRING AT VARIOUS TIMES DURING THE YEAR BEGINNING DECEMBER 1, 2017 AND ENDING NOVEMBER 30, 2018. ENACTMENT NUMBER: R-17-0558 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item CA.13, please see "End of Consent Agenda" and Item CA.11. CA.14 RESOLUTION - Item Pulled from Consent 3208 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 62-521(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT TWO (2) EVENT LIMITATION PER PROPERTY PER YEAR IN ORDER TO HOST FOOD, ARTS, AND ENTERTAINMENT RELATED EVENTS AT 1368 NORTH MIAMI AVENUE, MIAMI, FLORIDA, THROUGH TOMORROWLAND, LLC, OCCURRING AT VARIOUS TIMES BEGINNING DECEMBER 1, 2017 AND ENDING NOVEMBER 30, 2019. ENACTMENT NUMBER: R-17-0559 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item CA.14, please see "End of Consent Agenda" and Item CA.11. City of Miami Page 65 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 CA.15 RESOLUTION - Item Pulled from Consent 3260 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHWEST 17TH STREET FROM SOUTHWEST 37TH AVENUE TO CORAL GATE DRIVE, MIAMI, FLORIDA AS "ST. RAYMOND OF PENAFORT STREET"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-17-0554 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For additional minutes referencing Item CA.15, please see Item CA.5 and "End of Consent Agenda." Chair Hardemon: All right. Is there a motion to approve CA.15? Commissioner Carollo: Move it. Chair Hardemon: It's been properly moved; seconded by the Chair. Is there any further discussion on CA.15? Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Mayor Francis Suarez: Thank you, guys. I'll see you this afternoon. END OF CONSENT AGENDA Chair Hardemon: Now Commissioners, we can address the CA (Consent Agenda) agenda, if you'd like. I just know that there are some things that I have some questions and comments about that we probably wouldn't normally have, but -- and for me, I'll just say it's the temporary event waiver things that I have just -- I want to discuss a little bit. Vice Chair Russell: You want to pull it? Pull CA.11 ? Chair Hardemon: Well, there's more. It's like -- Commissioner Carollo: Yes. Chair Hardemon: --11, 12 -- Commissioner Carollo: 13, 14, 15. City of Miami Page 66 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: -- 13, 14. Commissioner Carollo: Yes. Chair Hardemon: 11, 12, 13, 14. Vice Chair Russell: Yes. Commissioner Carollo: Can we --? So I'll make a motion to approve -- Chair Hardemon: And I want to continue -- Commissioner Carollo: -- CA -- Chair Hardemon: -- CA.8. That's the money to the TPO (Transportation Planning Organization). Commissioner Carollo: Got you. So let's do this: I'll make a motion approve CA.1 through CA.7, noting that CA.5 was already approved. Vice Chair Russell: And I'd like to pull CA.10. Chair Hardemon: All right, the Chair will second the motion to approve CA.1 through CA.7? Commissioner Carollo: 7. Chair Hardemon: Any discussion about that? Vice Chair Russell: CA.5 was already approved, correct? Chair Hardemon: Correct. Commissioner Carollo: Right. I noted that CA.5 was already approved. Vice Chair Russell: So 1, 2, 3, 4, 6, and 7? Commissioner Carollo: That's correct. Chair Hardemon: Seeing no further discussion about that, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Commissioner Carollo: Break for lunch, and then we'll reconvene and discuss all the --? Chair Hardemon: Okay, that's fair. All right, let's be back at 2 o'clock. What do you need? Commissioner Carollo: 2:30? Chair Hardemon: 2:30. Commissioner Carollo: 2:30? City of Miami Page 67 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Reyes: 2:30. Chair Hardemon: 2:30. Commissioner Carollo: 2:30. City of Miami Page 68 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PH - PUBLIC HEARINGS PH.1 RESOLUTION 2760 Department of Community and Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO AWARD THE CONVEYANCES, WITH AFFORDABLE/WORKFORCE RENTAL HOUSING RESTRICTIONS AND REVERTER PROVISIONS, OF CERTAIN CITY OF MIAMI ("CITY") OWNED PARCELS OF LAND LOCATED APPROXIMATELY AT 1501, 1515, 1525, 1535, 1551, 1560, 1520, 1500 NORTHWEST 62 STREET, 1305, 1321, 1331, 1341, 1361 NORTHWEST 61 STREET, AND 6240 NORTHWEST 15 AVENUE, MIAMI, FLORIDA, AS DESCRIBED IN "ATTACHMENT "A," ATTACHED AND INCORPORATED, RESPECTIVELY TO ATLANTIC PACIFIC COMMUNITIES, LLC AND CENTENNIAL MANAGEMENT CORP. (COLLECTIVELY, "DEVELOPERS"), THE RESPONSIVE AND RESPONSIBLE BIDDERS RESPONDING TO A REQUEST FOR PROPOSALS ISSUED NOVEMBER 21, 2016 BY THE CITY'S DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE DEVELOPMENT OF AFFORDABLE/WORKFORCE RENTAL HOUSING IN ACCORDANCE WITH SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN FORM(S) ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, PURCHASE AND SALE AGREEMENT(S) FOR EACH SUCH PARCEL, AND ANY AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR SAID PURPOSE TO CONVEY THE RESPECTIVE PARCELS TO THE DEVELOPERS AND IN COMPLIANCE WITH THE REQUIREMENTS UNDER THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED. ENACTMENT NUMBER: R-17-0512 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Chair Hardemon: And so, what I'll do at this moment, and what I'd like to entertain is a motion to approve the public hearings' agendas, so the PH (Public Hearings) agenda that's left, because there were some items that were continued. Vice Chair Russell: What about the CA (Consent Agenda) agenda? Chair Hardemon: PH. We'll get -- we'll come back to it, because I think it's -- less people involved with the CA agenda. So what I'm asking is for a motion to approve the PH agenda. City of Miami Page 69 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Victoria Mendez (City Attorney): Chairman, just a reminder that a lot of them are four -fifths. Chair Hardemon: I understand. That means it has to be unanimous. But I don't think there's anything in there that is anything that anyone's going to fight about. I'll let you look at it. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Before I make a motion, what about the CA agenda? Chair Hardemon: We will address the CA agenda. If we want to do it quickly after we do the PH, we can do that, but I know that there are some things that I want to have some comments about on the CA agenda until -- Commissioner Carollo: Understood. Give me one second; I'll make a motion for the PHs. Give me one second. I think I'm going to be good. Vice Chair Russell: The ones that were removed were 21, 22, and 27. Are those the only ones that we would not be voting on within the PH agenda? Chair Hardemon: That is what I see. Commissioner Carollo: I'll make a motion to move the rest of the PH agenda. Commissioner Reyes: I'll second. Chair Hardemon: It's been properly moved and seconded to approve the PH agenda. Nicole N. Ewan (Assistant City Clerk): And Chair, it's my understanding that PH.2, there is a modification. Madam City Attorney? Ms. Mendez: For PH.2, there is -- I believe that there is an amount that needs to be placed onto the record for PH.2? Daniel J. Alfonso (City Manager): No. Ms. Mendez: No? Mr. Alfonso: To my knowledge, there is no modification to PH.2. I'm not sure -- Chair Hardemon: Any discussion about the motion that's on the floor? Vice Chair Russell: Did it get moved? Commissioner Carollo: I move it and Commissioner -- Chair Hardemon: Reyes. Ms. Mendez: The amount -- Commissioner Carollo: -- Reyes seconded. City of Miami Page 70 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: I don't see any discussion. Is there any unreadiness? Seeing no unreadiness, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Alfonso: Thank you, Commissioners. PH.2 RESOLUTION 2969 Department of Community and Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS GENERATED FROM MAY 1, 2017 TO AUGUST 31, 2017 IN THE AMOUNT OF $639,350.93 TO THE CATEGORIES SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). ENACTMENT NUMBER: R-17-0513 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.2, please see Item PH.1. PH.3 RESOLUTION 3057 Department of Community and Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE SMALL MULTIFAMILY EMERGENCY REHABILITATION LOAN PROGRAM, AS SPECIFIED IN ATTACHMENT "A," FOR DISASTER RELIEF ACTIVITIES PERTAINING TO THE DAMAGE CAUSED BY HURRICANE IRMA; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES. ENACTMENT NUMBER: R-17-0514 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.3, please see Item PH.1. City of Miami Page 71 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PH.4 RESOLUTION 3027 Department of Community and Economic Development 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 FUNDS IN THE AMOUNT OF $30,670.00 TO CENTRO MATER CHILD CARE SERVICES, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CENTRO MATER"), FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING FUNDS FROM THE SOCIAL SERVICES GAP PROGRAM FUND, ACCOUNT NO. 00001.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CENTRO MATER, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0515 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.4, please see Item PH.1. PH.5 RESOLUTION 3028 Department of Community and Economic Development 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 FUNDS IN THE AMOUNT OF $18,264.00 TO THE ASSOCIATION FOR DEVELOPMENT OF THE EXCEPTIONAL, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("ADE"), FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING FUNDS FROM THE SOCIAL SERVICES GAP PROGRAM, ACCOUNT NO. 00001.910101.882000; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ADE, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0516 City of Miami Page 72 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.5, please see Item PH.1. PH.6 RESOLUTION 3029 Department of Community and Economic Development 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 FUNDS IN THE AMOUNT OF $30,674.00 TO THE SUNDARI FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("SUNDARI FOUNDATION"), FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING FUNDS FROM THE SOCIAL SERVICES GAP PROGRAM FUND, ACCOUNT NO. 00001.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SUNDARI FOUNDATION, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0517 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.6, please see Item PH.1. City of Miami Page 73 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PH.7 RESOLUTION 3030 Department of Community and Economic Development 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 FUNDS IN THE AMOUNT OF $2,590.00 TO ST. ALBAN'S DAY NURSERY, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("ST. ALBAN'S"), FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING FUNDS FROM THE SOCIAL SERVICES GAP PROGRAM FUND, ACCOUNT NO. 00001.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ST. ALBAN'S, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0518 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH. 7, please see Item PH.1. PH.8 RESOLUTION 3031 Department of Community and Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS(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 FUNDS IN THE AMOUNT OF $56,906.00 TO SOUTHWEST SOCIAL SERVICES PROGRAM, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("SOUTHWEST SOCIAL SERVICES"), FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING FUNDS FROM THE SOCIAL SERVICES GAP PROGRAM FUND, ACCOUNT NO. 00001.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SOUTHWEST SOCIAL SERVICES, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0519 City of Miami Page 74 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.8, please see Item PH.1. PH.9 RESOLUTION 3032 Department of Community and Economic Development 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 FUNDS IN THE AMOUNT OF $117,038.00 TO LITTLE HAVANA ACTIVITIES & NUTRITION CENTERS OF DADE COUNTY, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("LHANC"), FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING FUNDS FROM THE SOCIAL SERVICES GAP PROGRAM, ACCOUNT NO. 00001.910101.882000; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH LHANC, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0520 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.9, please see Item PH.1. City of Miami Page 75 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PH.10 RESOLUTION 3034 Department of Community and Economic Development 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 FUNDS IN THE AMOUNT OF $41,176.00 TO CURLEY'S HOUSE OF STYLE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CURLEY'S HOUSE OF STYLE"), FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING FUNDS FROM THE SOCIAL SERVICES GAP PROGRAM FUND, ACCOUNT NO. 00001.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CURLEY'S HOUSE OF STYLE, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0521 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.10, please see Item PH.1. PH.11 RESOLUTION 3035 Department of Community and Economic Development 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 FUNDS IN THE AMOUNT OF $607.00 TO THE JOSEFA PEREZ DE CASTANO KIDNEY FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("JOSEFA PEREZ DE CASTANO"), FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING FUNDS FROM THE SOCIAL SERVICES GAP PROGRAM FUND, ACCOUNT NO. 00001.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH JOSEFA PEREZ DE CASTANO, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0522 City of Miami Page 76 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.11, please see Item PH.1. PH.12 RESOLUTION 3036 Department of Community and Economic Development 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 FUNDS IN THE AMOUNT OF $102,969.00 TO DE HOSTOS SENIOR CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("DE HOSTOS SENIOR CENTER"), FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING FUNDS FROM THE SOCIAL SERVICES GAP PROGRAM FUND, ACCOUNT NO. 00001.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH DE HOSTOS SENIOR CENTER, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0523 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.12, please see Item PH.1. City of Miami Page 77 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PH.13 RESOLUTION 3037 Department of Community and Economic Development 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 FUNDS IN THE AMOUNT OF $25,000.00 TO FANN AYISYEN NAN MIYAMI/HAITIAN WOMAN OF MIAMI, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("FANN AYISYEN NAN MIYAMI"), FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING FUNDS FROM THE SOCIAL SERVICES GAP PROGRAM FUND, ACCOUNT NO. 00001.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH FANN AYISYEN NAN MIYA, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0524 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.13, please see Item PH.1. PH.14 RESOLUTION 3038 Department of Community and Economic Development 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 FUNDS IN THE AMOUNT OF $155,184.00 TO ALLAPATTAH COMMUNITY ACTION, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("ALLAPATTAH COMMUNITY ACTION"), FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING FUNDS FROM THE SOCIAL SERVICES GAP PROGRAM, ACCOUNT NO. 00001.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ALLAPATTAH COMMUNITY ACTION, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0525 City of Miami Page 78 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.14, please see Item PH.1. PH.15 RESOLUTION 3039 Department of Community and Economic Development 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 FUNDS IN THE AMOUNT OF $20,000.00 TO MULTI ETHNIC YOUTH GROUP ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("MEYGA"), FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING FUNDS FROM THE SOCIAL SERVICES GAP PROGRAM FUND, ACCOUNT NO. 00001.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MULTI ETHNIC YOUTH GROUP, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0526 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.15, please see Item PH.1. City of Miami Page 79 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PH.16 RESOLUTION 3040 Department of Community and Economic Development 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 FUNDS IN THE AMOUNT OF $65,592.00 TO SUNSHINE FOR ALL, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("SUNSHINE FOR ALL"), FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING FUNDS FROM THE SOCIAL SERVICES GAP PROGRAM FUND, ACCOUNT NO. 00001.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SUNSHINE FOR ALL, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0527 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.16, please see Item PH.1. PH.17 RESOLUTION 3041 Department of Community and Economic Development 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 FUNDS IN THE AMOUNT OF $9,830.00 TO FIFTY-FIVE & UP, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("FIFTY-FIVE & UP"), FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING FUNDS FROM THE SOCIAL SERVICES GAP PROGRAM FUND, ACCOUNT NO. 00001.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH FIFTY-FIVE & UP, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0528 City of Miami Page 80 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.17, please see Item PH.1. PH.18 RESOLUTION 3052 Department of Community and Economic Development 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 FUNDS IN THE AMOUNT OF $6,352.00 TO CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC./SAGRADA FAMILIA CHILD CARE CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CATHOLIC CHARITIES"), FOR PUBLIC SERVICES ACTIVITIES; ALLOCATING FUNDS FROM THE SOCIAL SERVICES GAP PROGRAM FUND, ACCOUNT NO. 00001.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY AGREEMENTS, WITH CATHOLIC CHARITIES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0529 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.18, please see Item PH.1. City of Miami Page 81 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PH.19 RESOLUTION 3042 Department of Community and Economic Development PH.20 3049 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ALLOCATION FOR PROGRAM YEAR 2017-18 AND 2018-19 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM SHORT TERM RENTAL, UTILITY, AND MORTGAGE ASSISTANCE FUNDS IN THE AMOUNT OF $800,000.00, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, TO PROVIDE SHORT TERM RENT, MORTGAGE, AND UTILITY ("STRMU") ASSISTANCE TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0530 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.19, please see Item PH.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "NYAF NORTH," 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. ENACTMENT NUMBER: R-17-0531 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.20, please see Item PH.1. City of Miami Page 82 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PH.21 3065 Department of Information Technology RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING, AND CONFIRMING, THE FINDINGS, UNDERTAKINGS, AND DETERMINATIONS OF THE CITY MANAGER, ATTACHED AND INCORPORATED AS ATTACHMENT "A," AND THE NECESSARY CITY DEPARTMENTS REGARDING THE NECESSITY OF UPGRADING THE CITY OF MIAMI'S ("CITY") ETHERNET CAPACITY AND SERVICES AND WAIVING COMPETITIVE BIDDING BY AN AFFIRMATIVE FOUR - FIFTHS (4/5THS) VOTE, AFTER A DULY NOTICED PUBLIC HEARING, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, AS AMENDED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE, EXECUTE, AND RENEW, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR A ONE (1) YEAR PERIOD AND EXPAND NECESSARY SERVICES UNDER THE CITY'S AGREEMENT WITH AT&T FOR METRO ETHERNET SERVICES ("AT&T METRO ETHERNET AGREEMENT") BY AN ADDENDUM THERETO ("ADDENDUM") INCREASING THE ANNUAL CONTRACT CAPACITY BY AN ANNUAL AMOUNT NOT TO EXCEED $168,000.00, THEREBY INCREASING THE TOTAL ANNUAL CONTRACT CAPACITY FROM AN AMOUNT NOT TO EXCEED $432,000.00 TO AN AMOUNT NOT TO EXCEED $600,000.00, TO ALIGN WITH HISTORICAL USAGE AND ANTICIPATED FUTURE UPGRADED CAPACITY AND RELATED EXPENDITURES, AS STATED HEREIN FOR ETHERNET SERVICES CITYWIDE PURSUANT TO THE AT&T METRO ETHERNET AGREEMENT; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO RENEW, EXTEND, MODIFY, OR AMEND, THE AT&T METRO ETHERNET AGREEMENT AND THE ADDENDUM FOR THE SAME NOT TO EXCEED CONTRACT AMOUNT FOR AN ADDITIONAL ONE (1) YEAR PERIOD, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: Item PH.21 was continued to the December 14, 2017, Regular Commission Meeting. Note for the Record: For minutes referencing Item PH.21, please see "Order of the Day and Item PH.1. City of Miami Page 83 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PH.22 RESOLUTION 3078 Office of Resilience and Sustainability A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS ATTACHMENT "A," PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI FOR PURPOSES OF ACCEPTING THE DONATION OF APPROXIMATELY $180,000.00 ("GIFT"), $120,000.00 IN IN -KIND SERVICES, AND $60,000.00 IN MONETARY FUNDS FROM THE VAN ALEN INSTITUTE, A NEW YORK CITY 501(C)(3), NOT FOR PROFIT ORGANIZATION ("VAI"), TO BE USED FOR THE DESIGN DEVELOPMENT PHASE OF A NEW GENERAL PLAN FOR JOSE MARTI PARK ("PARK") TAKING INTO CONSIDERATION THE INCREASING FLOOD RISKS ASSOCIATED WITH SEA LEVEL RISE, THE UNIQUE CULTURAL HERITAGE OF LITTLE HAVANA, THE INCREASING USE RELATED TO DEVELOPMENTS SURROUNDING THE PARK, AND CONSIDERING PARKING, TRANSPORTATION, AND ACCESS ISSUES, AUTHORIZING THE CITY MANAGER TO EXECUTE A GIFT AGREEMENT BETWEEN THE CITY OF MIAMI AND VAI, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AMENDMENTS AND MODIFICATIONS TO THE GIFT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: Item PH.22 was continued to the December 14, 2017, Regular Commission Meeting. Note for the Record: For minutes referencing Item PH.22, please see "Order of the Day" and Item PH.1. City of Miami Page 84 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PH.23 RESOLUTION 3182 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 FOR THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 2 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED $10,000.00 TO MUSICALL INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR AN AFTER -SCHOOL MUSIC PROGRAM OPERATED AT FRANCIS TUCKER ELEMENTARY SCHOOL LOCATED WITHIN THE CITY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0532 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.23, please see Item PH.1. City of Miami Page 85 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PH.24 RESOLUTION 3183 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 FOR THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 2 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED $5,000.00 TO THE MIAMI FOUNDATION, AS FISCAL AGENT FOR AND ON BEHALF OF THE OFFICE OF NEW AMERICANS OF MIAMI-DADE, INC. ("OFFICE OF NEW AMERICANS"), A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE PURPOSE OF ASSISTING THE OFFICE OF NEW AMERICANS' EFFORTS IN FACILITATING LAWFUL PERMANENT RESIDENTS IN OBTAINING UNITED STATES CITIZENSHIP; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0533 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.24, please see "Public Comment Period for Regular Items" and Item PH.1. City of Miami Page 86 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PH.25 RESOLUTION 3265 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 FOR THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 3 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED $5,000.00 TO DYNAMIC COMMUNITY DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION, FOR FUNDING OF THE PUERTO RICAN RESOURCE PROGRAM TO BE EXPENDED PRIMARILY ON DISPLACED RESIDENTS OF CITY COMMISSION DISTRICT 3, AND SECONDARILY, FOR PROGRAMS SERVING UNDERPRIVILEGED CITY RESIDENTS, WITH SAID PROGRAMS TO BE SELECTED IN CONSULTATION WITH THE DISTRICT 3 COMMISSION OFFICE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0534 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.25, please see Item PH.1. City of Miami Page 87 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PH.26 RESOLUTION 3266 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 FOR THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 3 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED $2,500.00 TO THE PRYMUS ANGELS CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION, FOR GENERAL PROGRAM FUNDING TO BE EXPENDED PRIMARILY ON RESIDENTS OF CITY COMMISSION DISTRICT 3, AND SECONDARILY, FOR PROGRAMS SERVING UNDERPRIVILEGED CITY RESIDENTS, WITH SAID PROGRAMS TO BE SELECTED IN CONSULTATION WITH THE DISTRICT 3 COMMISSION OFFICE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0535 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For minutes referencing Item PH.26, please see Item PH.1. City of Miami Page 88 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PH.27 RESOLUTION 3271 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 FOR THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED $30,000.00 TO PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY, INC. ("P.U.L.S.E."), A FLORIDA NOT FOR PROFIT CORPORATION, TO SUPPORT P.U.L.S.E.'S YOUTH LEADERSHIP ACADEMY THAT PROVIDES LOCAL YOUTH WITH LEADERSHIP TRAINING SKILLS TO BECOME EFFECTIVE LEADERS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: Item PH.27 was continued to the December 14, 2017, Regular Commission Meeting. Note for the Record: For minutes referencing Item PH.27, please see "Order of the Day" and Item PH.1. END OF PUBLIC HEARINGS City of Miami Page 89 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 1374 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES", BY REPEALING SECTIONS 4-1 THROUGH 4-76 IN THEIR ENTIRETY AND REPLACING THEM WITH NEW SECTIONS 4-1 THROUGH 4- 11, MORE PARTICULARLY BY 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: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: Item SR.1 was continued to the December 14, 2017, Regular Commission Meeting. Note for the Record: For additional minutes referencing Item SR.1, please see "Order of the Day"; further, Item PZ.6 of the November 16, 2017 Planning & Zoning Commission Meeting Agenda. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: I believe before we did the deferrals, there might have been some public comment requested on the deferrals themselves, and I don't know -- Chair Hardemon: We typically -- yeah. We typically don't hear any public comment on deferrals, because it's -- we're not having any action substantively on the item. Vice Chair Russell: Right. Chair Hardemon: So they just get moved to the next thing. Vice Chair Russell: Understood. There was a request, that's all; just a -- not on the substance, but on the deferral itself and I probably asked of the timeliness, of urgency, and whatever. I'm not sure. Chair Hardemon: All right. Vice Chair Russell: But there was a request to speak. City of Miami Page 90 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: The -- but I will say, if there's ever a question -- if the Commissioners want someone to speak regarding a deferral, you're perfectly allowed to make that request for him to speak. Vice Chair Russell: In this particular case, with your discretion, Mr. Chairman, I know that there's a couple of stakeholders on -- was it SR.1? SR.1, yes? Melissa Tapanes Llahues: Yes. Vice Chair Russell: They would like to speak, and I would like to hear. Thank you. Chair Hardemon: You're recognized, but we want to note that it already has been continued. Vice Chair Russell: It already has been deferred. Chair Hardemon: You're recognized, ma'am. Ms. Tapanes-Llahues: Good morning, Chairman. Thank you for allowing me to speak. My name is Melissa Tapanes, with law offices at 200 South Biscayne Boulevard, Miami. I have the pleasure of representing Sergio Rok of Rok Enterprises, and Moishe Mana of Mana Holdings, two significant property owners within the downtown urban core of the City. We're here to respectfully request your reconsideration of the deferral of SR.1. We've been working hand in hand with the City of Miami Administration, your offices, as well as many stakeholders throughout the City of Miami, to make this -- both this item -- not only SR.1, but also the accompanied PZ.6, address everyone's concerns. We believe that we're ready to move forward at this time. We, of course, respect Commissioner Reyes' request for a deferral, but with that said, I think it's very important to note that there is no changes that are -- that deal with his district. These changes are dealing with the commercial corridors of Little Havana and, specifically, where my clients are located, which is the Flagler Specialty District in downtown Miami. Business owners, small business owners, have been waiting on this Code amendment for over a year now, and your City staff can speak to that in more detail. So what we would ask for is, very respectfully, the opportunity to be heard. This is an important issue that affects, again, many small business owners in the City of Miami, and does not impact Commissioner Reyes' district in any way. And again, staff can confirm that for the record. Commissioner Reyes: I want to make sure that everybody understands that I am not -- I was not elected Commissioner only to take care of the businesses of District 4. The title said, "City of Miami Commissioner." See? What I ask for deferral is because I'm concerned about those residents from the area and see -- and I wanted to know what will be the effect of that ordinance passing, and what will be the effect, the long-term effect. You see? I mean, it's nothing that -- I'm not asking for eliminating the -- or getting rid of it; I just want time just to read it and analyze it. Chair Hardemon: And Commissioner, your request was well-founded, and we approved your request. So thank you very much, Ms. Tapanes. Ms. Tapanes-Llahues: Thank you. City of Miami Page 91 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 SR.2 ORDINANCE Second Reading 2099 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING CHAPTER 2/ARTICLE XI/DIVISION Planning and 2/SECTION 2-892 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") ENTITLED Zoning "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/GENERALLY/'SUNSET' REVIEW OF BOARDS", TO PROVIDE FOR SUNSET REVIEW OF THE ART IN PUBLIC PLACES BOARD; AND AMENDING CHAPTER 62/ARTICLE XVI OF THE CITY CODE, ENTITLED "PLANNING AND ZONING/ART IN PUBLIC PLACES," TO PROVIDE FOR PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: Item SR.2 was continued to the December 14, 2017, Regular Commission Meeting. Note for the Record: For additional minutes referencing Item SR.2, please see "Public Comment Period for Regular Items:" further, "Public Comment Period for Planning and Zoning Items" of the November 16, 2017 Planning & Zoning Commission Meeting Agenda. Todd B. Hannon (City Clerk): Chair, we're good to go. Chair Hardemon: I'd like to entertain a motion to continue the SR.2 item. Commissioner Carollo: 1'll make a motion to defer SR.2 to the December Commission meeting. Commissioner Reyes: Second. Chair Hardemon: Been properly moved and seconded. Seeing no unreadiness with that motion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: It's been properly moved. I mean, properly -- It passes. City of Miami Page 92 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 SR.3 ORDINANCE Second Reading 2566 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 2, ARTICLE IV, DIVISION 2, SECTION 2-207 OF THE Planning and CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Png ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT/ZONING CERTIFICATE OF USE REQUIRED; ANNUAL REINSPECTION OF BUILDINGS AND PREMISES; FEES FOR INSPECTIONS AND ISSUANCE OF CERTIFICATES," MORE PARTICULARLY BY AMENDING SECTION 2-207(B)(1) TO EXTEND THE EXPIRATION TIME OF APPLICATIONS FOR CERTIFICATES OF USE FROM THIRTY (30) TO NINETY (90) WORKING DAYS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13711 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Chair Hardemon: Madam City Attorney, can you read into the record SR. 3? The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is there a motion to approve this item? Commissioner Reyes: Move. Commissioner Carollo: I'll second. Chair Hardemon: It's been properly moved by Commissioner Reyes and -- Is it -- would you pronounce it "Rays" or "Reyes"? Commissioner Reyes: Reyes. Chair Hardemon: Yeah, you roll the "R." Vice Chair Russell: You got to roll it. Chair Hardemon: Yeah, you roll the "R." Vice Chair Russell: You got to roll it. Chair Hardemon: Roll the "R." Commissioner Reyes. Victoria Mendez (City Attorney): The Chairman knows how to roll his R's, though. Commissioner Reyes: Yeah, he knows all that. Unidentified Speaker: He rolls his "R's. " City of Miami Page 93 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Reyes: I see that. He's been practicing, I guess. Chair Hardemon: Any further discussion on the motion on the floor? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. SR.4 ORDINANCE Second Reading 2939 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 23 OF THE CITY CODE OF THE CITY OF MIAMI, Planning and FLORIDA, AS AMENDED, ENTITLED "HISTORIC Zoning PRESERVATION," TO PROVIDE DEFINITIONS AND ESTABLISH PROVISIONS FOR MULTIPLE PROPERTY DESIGNATIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13712 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For additional minutes referencing Item SR.4, please see "Public Comment Period for Regular Items." Chair Hardemon: SR.4. The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: With SR.4, I had the president of the Shenandoah Homeowners Association -- Chair Hardemon: Is he still here? Commissioner Carollo: No, I think he left. But since I do -- I represent a part of Shenandoah -- Commissioner Reyes: Yes. Commissioner Carollo: -- he showed reservations, and I'll tell you why, if I could find it. I could just read exactly what he -- It's a second reading on SR.4, amendments to historic Chapter 23. We don't really know about this, and yet, we've been working with the historic office all year, supposedly. Of course, we -- says that it had no support of the public. Of course, we, the public, don't know about this. City of Miami Page 94 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Their changes mean that properties can be designated by theme, but my concern is do the homeowner still need to opt in to the theme? So in other words, there's reservations here from the president of the Shenandoah Homeowners Association, so I think it'll be prudent to, you know, include them and, you know, have more conversations with them to make sure that they want to move forward. Commissioner Reyes: Excuse me. Mr. Chair, I do agree with Commissioner Carollo. That's an area that -- and we have to be -- first of all, we have to be very careful what we designate historic, because once you designate historic a house, you -- we have to have some covenant that said that windows could be changed and this can be changed. I mean, if we all have a historic window, I cannot place -- put impact windows on it, because you cannot touch it, you see. But also, the neighbors should agree that -- because they bought the house, and now you place the title of "historic" on it and then you tie the house, you see. That is something that I will -- Commissioner Carollo: With -- Commissioner Reyes: -- I agree with it. Commissioner Carollo: Let's defer it to the December meeting. Vice Chair Russell: If I could discuss on that for a moment, then -- Commissioner Carollo: Sure. Vice Chair Russell: -- as this is my item that I'm sponsoring. Commissioner Reyes, I understand where you're coming from. And the rights of property owners are very important -- Commissioner Reyes: Yes. Vice Chair Russell: -- of course. Historic designation isn't something that happens automatically, or it doesn't -- Commissioner Reyes: No. Vice Chair Russell: -- happen just by sweeping magic wand. There's a lot of consideration and public input where the resident does have the ability to come and appeal, and there's a public process. And by simply approving this, we don't suddenly start creating historic designations out of thin air. That being said, if you believe in preservation, if you believe in protecting the history of our community, it's a very big burden that we have as a Commission, because you are right; in some sense, you are putting a burden on that homeowner. Commissioner Reyes: Yes, sir. Vice Chair Russell: Hopefully, hopefully, and in many cases, you can see this in a community: historic designation has added to their home values, has added to the community. And you can see in some areas where -- and part of a neighborhood was designated, but the other was not; there's a tremendous difference of night and day with regard to the value of the homes, the quality of the homes, and you can see our history there. So it's a very tough decision that's on us, and we've had to make some as a Commission. We've even repealed some. We've listened to the neighbors specifically, but I hope that we don't turn our backs on preservation -- Commissioner Reyes: No, sir. City of Miami Page 95 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: -- out of that respect. In this case, I am on a war with time right now as demolition by neglect completely takes away the last remaining shotgun homes in the West Grove, in Coconut Grove; and for certain, most of the people buying those at this point are speculative investors who would not want them designated. Fortunately, they are moveable; at least this particular version. Now, some of the homes that might be concerned about this in the Shenandoah area, yeah, there's a concern, and so there will be a very public process for all of it. But even right now within our current ability, we do have the ability to simply designate somebody's home, and we do have the ability to designate an entire district, including homes that aren't historic. So this is the compromise that is in between those two that says we can laser focus on the historic ones; let's say, the ones that all have that one special gable, with that special signature, by that special architect; that those homes get saved, for example, or that were from this one particular period of time. Commissioner Reyes: But -- Vice Chair Russell: And so, that's the hope that I do ask for -- if this is going to be deferred, I do hope we can come to a -- whatever public input need -- is needed -- Commissioner Reyes: Yes. Vice Chair Russell: -- because this is very good solution. Commissioner Reyes: Yes. And maybe we can amend it a little bit so we preserve, but we don't impose on those that don't want to be historic. Because I think -- I believe a lot in private property -- Vice Chair Russell: Yes. Commissioner Reyes: -- and the right of your -- your right of the property, you see. And make -- I mean, imposing on somebody -- I wouldn't like anybody to come to my neighborhood and said, "Now your house is historic." And I say, "Well, you know, I wanted to add another room," and somebody -- "No, no, you can't, because it's a historic house, " you see. Vice Chair Russell: Right. Commissioner Reyes: I purchased this house when it was not historic. Now you come and, without me knowing anything, you're going to declare historic? Even if I'm going to change the tiles on the roof and the roof tile is discontinued, I have to go to Timbuktu and find a tile like that, you see. That is a burden that is placed on the owners. Vice Chair Russell: It is. It is. Commissioner Reyes: It is a huge burden -- Vice Chair Russell: And -- Commissioner Reyes: -- and I don't think we have the right to do that. I'm sorry, Commissioner, but I think that we are infringing on their rights. It's my opinion. It's my humble opinion. Vice Chair Russell: And I understand that. City of Miami Page 96 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Reyes: And I understand you; you are against that. We can go on and say, "Listen, this part of the Grove" -- you see -- "if you agree with it, we declare it historic," and that's it -- I mean, if people want to. But to give the power of creating -- declaring a historic section of a historic neighborhood or to a committee, it's -- I don't think it's fair. Vice Chair Russell: Right. And that's where we, as district Commissioners, know our districts best and defend our districts to the utmost to where this may not be appropriate. Even though you may see some historically designatable properties, you may feel that those residents don't see a value in that, and that they're -- Commissioner Reyes: This, I do see a value. I do see a value. Vice Chair Russell: But the burden outweighs it. Commissioner Reyes: We have -- in fact, we have a bunch of houses in Shenandoah that are the -- I mean, the architecture is unique. It's old Miami. I've been here since '59, and I used to come here every year when I was a child. You see, I know those neighborhoods like the palm of my hand. You see, I've been here probably longer than you. I know what -- those historic homes. There's a bunch of historics done in the northeast. Chair Hardemon: Look, I've been here since '55, okay? Commissioner Reyes: Well, you were a boy. Chair Hardemon: (UNINTELLIGIBLE) -- Commissioner Reyes: And the northern -- Chair Hardemon: -- you know. Commissioner Reyes: Listen, correct me if I'm wrong, Commissioner. The northeast is full of homes that they are -- Chair Hardemon: Yeah. Listen, my house is 19 -- built in 1939. Commissioner Reyes: That's right. Chair Hardemon: It's what they call a -- at that time, it was called modern -- "Miami Modern" or "Modern Bungalow." Unidentified Speaker: Miami Modern. Chair Hardemon: Miami Modern Commissioner Reyes: Yes. This is -- I mean, why don't we think about it -- Vice Chair Russell: So -- Commissioner Reyes: -- and see how we can --? Chair Hardemon: But I understand. I understand what you're saying. You only want (UNINTELLIGIBLE) -- Vice Chair Russell: Absolutely. City of Miami Page 97 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: --in your house. Vice Chair Russell: And so, it is a -- it's a burden for us to put that burden on others, and for that reason, you're going to be seeing me bring other legislation -- coming soon -- that will help support that burden. Now, Art in Public Places, which is having a lot of trouble getting passed, has a significant budget in it that we can put towards preservation. I want to find other mechanisms. Commissioner Reyes: Fantastic. Vice Chair Russell: If Art in Public Places doesn't make it, I want to find other ways that we support preservation so that those -- especially, especially in a community of need, where I'm talking about preservation could be a tremendous burden, but trust me that it's going to be worth it. Here's another reason I'm trying to do it. I'm bringing in CDBG (Community Development Block Grant) funds to renovate up to a hundred homes in the West Grove over the next six months. We're going to use Rebuilding Together, and with or without the CRA, we're going to start it. If we get the CRA, we can get up to a hundred homes, but even without it, we'll probably get up to 50, 60. Now, I cannot do it unless those homes are designated. Why? Because once you start renovating them, you need to bring then up to current Code, and those homes can never make it up to current Code. They don't have ADA (Americans with Disabilities Act) wits, they don't have the right strapping, and so historic designation is actually a tool that will help for renovation and then affordability. Commissioner Reyes: But you cannot bring it to Code, because we have a Code that restrict that, right? Vice Chair Russell: Correct. Commissioner Reyes: But we, as a legislative body, can do some exceptions in those homes. Vice Chair Russell: I wouldn't weaken our Code, unless the home is worthy of -- Commissioner Reyes: No, no. I mean, I'm not talking -- Vice Chair Russell: -- historic preservation. Commissioner Reyes: -- I'm talking exceptions in homes that they are -- that they have Federal funds for renovation. I mean, we can do it. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Thank you, Mr. Chairman. Mr. Vice Chair, I understand there's an issue in the West Grove, and if you would do this just for District 2, it might be different; however, you're doing citywide policy. Commissioner Reyes: That's right. Commissioner Carollo: And in citywide policy, there's a lot of various neighborhoods. That's why we have districts -- or one of the reasons we have districts. And here you have the president of the Shenandoah Homeowners Association saying, "Listen, we haven't even gotten a chance to really hear about this. We don't know." I -- you know, they're sincere. When they reach out to me, City of Miami Page 98 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 they're sincere. Even before you came on the dais, Shenandoah struggled with historic preservation. Vice Chair Russell: I understand. Commissioner Carollo: And there was -- let's just say, they struggled with it. So that's why they see this now and they're concerned. Vice Chair Russell: Yeah. Commissioner Carollo: So -- and the real issue is -- I understand you're you're trying to address a problem, which it's in your right, and you should, but you're doing citywide legislation, and that's where, you know, you have to then reach out to other communities and so forth. And all I'm saying is give them some time so that everyone could come together and have a good discussion about it, and you may receive more support or you may receive support. You understand what I'm saying? Vice Chair Russell: Understood. And so -- Commissioner Reyes: You might reach a compromise. Commissioner Carollo: Right. Vice Chair Russell: And I'm sorry. Through the Chair. Usually -- I apologize. If I could colloquy? Commissioner Reyes: No, no. That's all right. Vice Chair Russell: I -- this is where the district Commissioner is the Commissioner for the district and not the City. You would never let this happen where you don't believe it's right for your residents. And even if it is a citywide ordinance, when the department comes and says, "Hey, we think we've identified a type of home that should be saved," and you know that population and you know that area, and you say, "Not under my watch. It won't happen," because we will defer to you, and we will respect you in your district for decisions of that nature. So one compromise -- because I have to admit, I am on a time crunch here with this. I would be willing to reduce the scope of this to a D2-only ordinance for the time being, if that could be done on second reading. That's narrowing, not expanding. And that would let me proceed at this point without hesitation. Because if we bring this back in December and there is pushback, that will push me back to January. That'll push me back to February, and these houses are going every month. Commissioner Carollo: Mr. Chairman, that's why I sort of gave you that option. Commissioner Reyes: Yeah. Commissioner Carollo: I wouldn't mind supporting you if it will be just D2. And if we could do that, I'm willing to vote for it today. But when we're doing it citywide, you have to take citywide consideration and others into consideration. Vice Chair Russell: I do fully understand, and I respect what you're saying. Now, I'll offer an amendment that limits the scope of this ordinance to D2. Commissioner Reyes: And listen, it is not that I -- that it is because it is your district or whatever, you see, because I consider the ordinance as an imposition on people. It's your constituents, I agree with it, that's fine with me. That's where it goes. But I still would consider that, and I will let -- I speak of my mind, sir. That's what I do. I City of Miami Page 99 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 don't hold no punches. I speak of my mind, and I tell you the way I feel it, you see. I call it the way I see it. Chair Hardemon: So there's a motion on the floor. Vice Chair Russell: I'd like to move it and amend it. Commissioner Reyes: Okay. Chair Hardemon: There's a motion on the floor to approve SR.4 with amendments, as noted by the Vice Chairman. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Did he second it? Commissioner Carollo: And I would like some more dialogue, you know. And this is my first and only meeting I'm going to sit with my colleague to the right. So, if we do it just District 2, would you be amicable to doing that? Commissioner Reyes: Yes, in deference to the Commissioner. Commissioner Carollo: To the district Commissioner. Commissioner Reyes: In deference to the Commissioner, I will do it. Okay? Chair Hardemon: So I'll take that deference as a second. Commissioner Reyes: Yes. Chair Hardemon: Commissioner Reyes. Francisco Garcia (Senior Director, Planning & Zoning): Mr. Chair, if I may very briefly? Following in line with that thought process, might I suggest, just because it's more defensible to reduce it to NCDs (Neighborhood Conservation Districts) 2 and 3 -- Commissioner Reyes: That's right. Mr. Garcia: -- which I think addresses the intended resources, and then we would have to -- because I'd certainly like to have that conversation, and I think there is merit to consider it citywide, and then we'd have to come back with the amendment citywide all over again, which we're happy to do. Vice Chair Russell: Fair enough. NCD 2 and 3 would be the Grove only, even within District 2, so it would not include Brickell or downtown. But I can't think of any applicable thematic preservation concepts there at this point. I'm a bit mission - driven, and I think this is a good solution. I'd be amenable to that. So I'll amend the amendment to NCD 2 and 3 within the Code. Commissioner Reyes: Fantastic. Commissioner Carollo: Seconder accept? Commissioner Reyes: As second. City of Miami Page 100 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: Okay, he accepts. Any further discussion about the item? Hearing none, all in favor of the item, say "aye." The Commission (Collectively): Aye. Victoria Mendez (City Attorney): As amended. Chair Hardemon: Motion passes, as amended. Commissioner Carollo: As amended. SR.5 ORDINANCE Second Reading 2889 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City Manager's CHAPTER 42/ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED Office "POLICE/TOWING AND IMMOBILIZATION OF MOTOR VEHICLES/IMMOBILIZATION OF MOTOR VEHICLES," MORE PARTICULARLY BY AMENDING SECTIONS 42-117 THROUGH 42- 118 TO CLARIFY EXISTING REQUIREMENTS AND PROVIDE ADDITIONAL REGULATIONS RELATING TO THE IMMOBILIZATION/BOOTING OF MOTOR VEHICLES ON PRIVATE PROPERTY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: Item SR.5 was continued to the December 14, 2017, Regular Commission Meeting. Note for the Record: For minutes referencing Item SR.5, please see "Order of the Day." City of Miami Page 101 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 SR.6 ORDINANCE Second Reading 2961 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "GROUP HOMES," TO AMEND SECTION 62-650 OF THE CITY CODE, ENTITLED "REGULATION OF GROUP HOMES PURSUANT TO STATE LAW," TO CLARIFY APPLICABILITY, AND TO AMEND SECTION 62-651 OF THE CITY CODE, ENTITLED "APPLICATION OF GROUP HOMES," TO ADD SUBSECTION E, ENTITLED "EMERGENCY PREPAREDNESS REQUIREMENTS," TO ESTABLISH A CITYWIDE REQUIREMENT THAT CITY FUNDED AFFORDABLE SENIOR HOUSING, NURSING HOMES, ASSISTED LIVING FACILITIES ("FACILITIES") CATERING TO THE ELDERLY, AND OTHER SIMILARLY SITUATED CITY OF MIAMI SUBSIDIZED ELDERLY LIVING UNITS, AS DEFINED BY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") GUIDELINES, BE EQUIPPED WITH PROPERLY FUNCTIONING GENERATORS WITH ADEQUATE FUEL CAPABLE OF CONTINUOUS USE TO POWER ESSENTIALS, INCLUDING BUT NOT LIMITED TO, ELEVATORS, LIGHTS, EMERGENCY ALARMS, AND AIR CONDITIONING ("A.C.") IN THE CORRIDORS OF THE FACILITY; AND PROVIDING THAT RESIDENT ATTENDANTS/STAFF TO THE ELDERLY SHOULD BE ON SITE WITHIN 24-HOURS OF A HURRICANE OR STORM'S PASSAGE, OR AS SOON AS SAFELY POSSIBLE, TO ENSURE THE ADEQUATE CARE OF OUR SENIOR RESIDENTS IN THE AFTERMATH OF HURRICANES AND MAJOR STORMS RESULTING IN WIDESPREAD POWER OUTAGES. MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: Item SR.6 was continued to the December 14, 2017, Regular Commission Meeting. Note for the Record: For additional minutes referencing Item SR.6, please see "Public Comment Period for Regular Items." Chair Hardemon: SR.6. Commissioner Carollo: Commissioner, you have before you second reading of -- if - - of an ordinance that was brought upon after Hurricane Irma. As you saw, there was many affordable housing projects that did not have electricity, there was not enough staff and so forth, and this will address that issue. Victoria Mendez (City Attorney: Chairman, could I read the title into the record? Chair Hardemon: Please. City of Miami Page 102 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: And this is about public safety, so I'm going to move the item. Commissioner Reyes: I second it. And I was wondering if we could strengthen it a little bit more. Commissioner Carollo: Well, you'll have another opportunity in December -- Commissioner Reyes: No, because -- Mayor Regalado: -- but at least it's a good start. Commissioner Reyes: -- you, as well as I, we were witnesses -- Commissioner Carollo: Yes. Commissioner Reyes: -- of how those people in senior centers -- Commissioner Carollo: Exactly. Commissioner Reyes: -- were -- they were suffering. Commissioner Carollo: And that's exactly why we're doing this. Commissioner Reyes: Exactly what you're doing. Commissioner Carollo: Yes. Commissioner Reyes: And I commend you for it. Chair Hardemon: So the public comment section of this has ended. However, Commissioner Carollo wants to hear from the gentleman -- Commissioner Carollo: I think we've heard already during public comments. Chair Hardemon: We did hear from him, so -- Robert Fine: Mr. Chair, this morning the Vice Chairman asked if I would come back and wait to be here for when this came up -- Vice Chair Russell: That's true. Mr. Fine: -- when we were doing that. Chair Hardemon: You did? Vice Chair Russell: I did. Chair Hardemon: Please, you're recognized. Mr. Fine: So -- Chair Hardemon: You're recognized. Mr. Fine: Okay. This morning I made some comments; one regarding -- City of Miami Page 103 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: Your name. Your name for the record. Mr. Fine: Oh. Robert Fine, with offices at 333 Southeast 2nd Avenue. And I made some comments on the record regarding the issue of notice, regarding how that was done. That's on the record; I don't need to address it. But there are some other issues in the ordinance, which -- By the way, I think what it's looking to accomplish is not only laudable, but extremely important. But there are certain problems with it that I think make it not quite ready to move forward. First of all, there are parts of it that are preempted by Florida Statutes to the Florida Building Code, and in particular, one of the main parts, generators. It's in the Florida Building Code. It's Section 2702, and there's a statute that preempts. So this -- the way it sits right now is not going to go and get you very far. The other thing is -- it's really important -- is that the way it's written, it talks about essential services. It doesn't say what essential services are. So, for example, air conditioning. You know, you could say, every day it's at 72 degrees, so that means the ordinance doesn't let you have it at 80 degrees, but you'll use up double the fuel for a generator, and there's nothing that says which is right to comply with the ordinance. You've got the elevators. You have a building, let's say, with four elevators. Standard qualms of life, which is what the ordinance requires, would be -- without any further definition that's not there -- running four elevators. Well, you're sitting there running a generator on limited fuel; nothing allows you to run two elevators. So there are these issues there that I think can be worked out, but the way the ordinance is right now, it's got just a number of these that create big impositions. I mean, fuel for generators; a thousand - gallon propane tank, which is what's used in a single-family home, is about 5,000 pounds you're sticking in in an existing building. So now, if you have a building that holds 50 residents or 100 under, you have this kind of infrastructure, and there's nothing in there that let's somebody even be more efficient with their energy, because the language talks about standard qualify of life, which, without more, doesn't let you reduce from that. So I -- I mean, I think that -- Chair Hardemon: It needs more work. Mr. Fine: -- this -- it needs more work. This is not an issue that's not going to go away. The Commissioner's proposed ordinance, it's -- there's enough movement. Everybody knows -- the people here who have talked about POMS (Program Objectives Memorandum), with notice and all that, were all supporters of the concept in the ordinance. It's just about getting it in there and getting it right, because these things are, you know, restructuring buildings to put this equipment in. And so, I would respectfully ask that if you defer it -- and we're willing with -- industry to immediately work with staff to -- and whoever you direct -- to work with you to really make this into a really excellent ordinance and move it forward. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. The thing is, that's what I heard in the last meeting. In the last meeting I said, `All of you that are here on this issue, please reach out to my staff." Ten days passed. I'm asking my staff "Have they reached out? Have they called? Have they called? Have they reached out?" Ten days passed. You know when you finally sent the email? On the 6th, the day before Election Day. Hold on. Mr. Fine: No, no, no. I -- City of Miami Page 104 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Carollo: Hold on. So you send it on the 6th. You know what's key about that? What time did we have when you actually sent all the issues that you had on the 7th to actually put it on the agenda? We needed to have everything drafted and put in the agenda by the 7th, so it didn't make it to second reading. However, we addressed all the issues that you had on the 7th. And I'll yield to the City Attorney. Victoria Mendez (City Attorney): With regard to the two main issues you brought up in the morning that has to do with notice, there isn't a change between first and second that would be dramatically different or affect -- or have a numont issue concern. With respect to the Florida Building Code technical amendments, though that is one way to be able to achieve these goals. Because this is a public safety ordinance and not necessarily a Florida Building Code ordinance, because it doesn't create criteria for which a building needs to be built or retrofitted, these items can be addressed via this ordinance through our own police powers, and our own City Charter and Code allows for these types of changes. Now, with that said, there were some things that you thought were vague, and we can maybe, you know, table this for five minutes, add some of your ideas, and then we can go forward. But with that said, we can address your adequate fuel situation, we can address your elevator situation, we could address the corridors, with another definition. So we can make it as close to perfect as you wish if we take a short break, or it could go as it is now. Commissioner Carollo: And if I may, I'll interject. For instance, Corridors: walkways and living facilities from which doors leading into individual's living quarters. So we could define it, and we could put it in there. But again, there was a time period for that, and I specifically said, "Please reach out to my office." You let time pass and then -- 10 days -- other things started happening and we -- you know, we started getting complicated. Mr. Fine: I can't -- Commissioner Carollo: We still addressed all the issues, you know. Mr. Fine: -- speak to when the first emails went. I know there were several, and I think one of my colleagues -- Commissioner Carollo: Yeah. Mr. Fine: -- had provided them with the Clerk's -- that I can't speak to; I was there and, unfortunately, waiting for direction as to when to go and meet, because I -- one of our -- Chair Hardemon: Mr. Vice Chairman. Mr. Fine: -- wanted to deal with these technical things. But I will tell you, I do firmly believe there is a section straight out on what buildings get and what don't get emergency generators. I believe that is clearly preempted by Florida Statutes; that is within the purview of the Florida Building Code. And if you adopt it, then I'll challenge it. It'd be nicer and less expensive to work it out and come back in a month and just have it in a way that works, but -- Chair Hardemon: Let me allow the Vice Chairman to speak. Mr. Vice Chairman. Commissioner Carollo: Mr. Chairman -- Vice Chair Russell: Thank you, Mr. Chair. City of Miami Page 105 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Carollo: -- ifI can, the last point? Chair Hardemon: Okay. Commissioner Carollo: And then my last point is, I reached out to the affordable housing industry. I mean, if you all recall, few months back, I did legislation on affordable housing; legislation that, as you all are starting to see, is really going to change the makeup of how we do affordable housing. I mean, it's something really good. So I've worked with the affordable housing industry quite a bit, so I can assure you, if they really had big issues with this, they'd be all here lined up. Commissioner Reyes: Yep. Commissioner Carollo: And they're not. Commissioner Reyes: Yep. Commissioner Carollo: They're not. If they really had issues, believe me, they would be here. And you know they would reach out to all of you, and they haven't, and they've had plenty of time. I reached out to them. So I think this is solid, and we should move forward, because we cannot allow what happened a few months back to happen again. Chair Hardemon: That's right. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes Vice Chair Russell: Thank you. And I haven't heard enough either, and I was waiting. And this is such a big industry, affordable housing and elderly housing. If we write bad legislation, however, it'll have unintended consequences that will make it either unenforceable or force a burden that makes them actually no longer affordable. I don't want to write bad legislation. Commissioner Carollo: They will be here, though. Vice Chair Russell: They should be here, and I wish we had heard more from them up to now, but instead, they kind of stood on this, hoping that there was going to be a knockout punch that this isn't going to happen altogether, and I said, "Forget that; it's going to happen. This is coming." After the storms that we've had, after what we've seen, after what the elderly have been through, we must take action, but I want to take the right action. And if I'm not mistaken, Commissioner Gort was also working on something as well. You know, I just want to make sure we do it right, and I don't have all the answers. So I was actually waiting for the industry to come and say, "Listen, I like what you're doing, but this would make it actually work better." This is where that -- the catch is, and not just saying, "You can't do it and we'll challenge you," but rather, "I see what you're trying to accomplish, and this is what we want to do better." So I -- you know, I'm willing to wait a month to get it right. I don't know that they don't care. I think they should have taken better action to be here, but I don't know that it's -- I don't know for certain that it's as it should be that we'll get the right result that we're looking for, and I may be wrong, but I want to get it right. Mr. Fine: Okay. Mr. Vice Chair, in addition to that, in the version of Commissioner Gort's ordinance that I had seen, there are a number of other things, which I also think are very important. There's issues of evacuation, transportation. These are City of Miami Page 106 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 things that I have no argument with this City that is -- that are within your purview, and so -- Commissioner Carollo: And in December you get to come back, and this Commission gets to vote on that, and they could add and continue to make it better, but this is a great start. Commissioner Reyes: Yes. Commissioner Carollo: So, yes, in December you'll have another opportunity, because Commissioner Gort said, "You know, there's other things that I want to see," and that's why he brought another ordinance, which I supported. Mr. Fine: Right. However, in his ordinance, he talks about what temperatures the corridors or the roof -- the building needs to be. Commissioner Carollo: That's going to be your discussions and this Commission's discussion and the public's discussion. Mr. Fine: Right, exactly. Commissioner Carollo: But I could tell you, the affordable housing industry is not here complaining about this. Because I could tell you, if it was really an issue, I think everybody here in this dais knows, they'd be here. Mr. Fine: If I'm here, they're complaining about it; otherwise, I wouldn't -- they wouldn't have had me be here for a very long day on this one issue and nothing else, but, you know, that's all I can tell you. I'm here for a reason, and it's to -- there's no doubt in anyone's mind there will be an ordinance. They'd like to get it right the first time. The things that are in there now are arbitrary; you can't decide what is standard, and I can't figure out how much fuel -- Chair Hardemon: We've heard your argument. Mr. Fine: -- or lights. Okay. All right. Chair Hardemon: I will say that everyone knows I'm a stickler for the words, especially when you start creating law. I know we -- what we do is create law, but when we create certain types of law -- I agree; I think there are some vagueness in it that needs some clarification. I don't necessarily think it's ready today. I don't want to vote against an item like this. And I understand, you know, this being my colleague's last -- Commissioner Reyes: Yep. Chair Hardemon: -- meeting with an important item that he wants to be here to ensure that it passes, but I think that this is one of those babies that you're going to have to allow the board to pass in your absence, because if not, I think -- with the current makeup that we have today, I don't think it'll pass, because it's just -- it is lacking. And I don't know who wrote it, but it just needs a little bit more input. And you're right; I'm not blame -- and I don't -- it's -- I'm not blaming you. I think that the input should come in. This input should have been in. Commissioner Carollo is correct. Whatever feedback -- and all of us waiting on this feedback that was supposed to come back, because from the first time that this thing was heard, and we moved it through the first hearing, we said we wanted to hear from the industry. The industry sent in emails that said that, "It's not going to work the way you put it. This is that, and this is this, and" -- but then now we have nothing before us. So, City of Miami Page 107 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 unfortunately, though, we are here where the item has been called, and we're being called to give our opinion on it. And so, I'm compelled to say that, because I've heard another Commissioner of mine say the exact same thing that I was thinking, and, you know, I think that's enough to at least warrant some further discussion. Vice Chair Russell: We're going to do it. We're going to do it right, and we'll do it in your honor, because you came up with it, but we got to get it right. We don't need to rush it. I know there's a motion on the floor right now. Chair Hardemon: Because the only thing that could happen, Mr. Vice Chairman, would be we pass it, if we pass it, and it will be challenged. It may be challenged immediately. It may be challenged later on. It may be challenged when there's an issue -- something that needs to -- someone needs to get taken care of. Commissioner Gort always says, "We get sued. We get challenged. It's something that happens." Commissioner Carollo: The other way of looking at it is going back to my residents and tell them, "I tried; they voted it down." Chair Hardemon: And that's my point. That's why I said, I didn't -- I don't want to vote that way. You're recognized, Commissioner. Commissioner Reyes: I read this. And I went through Hurricane Irma. And I went to all the senior centers, and we cannot forget that some senior citizens died because of lack of air conditioning, because of the heat. You see, we cannot allow that to happen again. And I don't -- Chair Hardemon: Not in Miami. Commissioner Reyes: -- want to see -- Chair Hardemon: Not in Miami. Commissioner Reyes: -- and I don't want to see residents -- I mean, elderlies, not only in my district; his district, whoever district it is -- suffering as they were. There were people that -- there was no electricity, and there was a person that has to recharge the -- something for his -- in his heart. I think it was one of the pacemakers, and there was no electricity, you see. I offer him to take him home with me; take him home with me so he could recharge. We cannot allow that. If this is the start, I'm all for it. Congratulations, Commissioner. Commissioner Carollo: Thank you. Chair Hardemon: Make your motion. Commissioner Carollo: So here's the situation that I'm in. Chair Hardemon: Make your motion. Commissioner Carollo: I could make the motion to defer it, or we can simply take a vote; it seems it's going to die 2-2. And when I go back to my district, they're going to ask me, "What happened?" I'm going to say, "Commissioner Russell killed it, and Commissioner Hardemon killed it. So no, it did not pass." Chair Hardemon: First of all, don't use my name (UNINTELLIGIBLE) -- Commissioner Carollo: No. City of Miami Page 108 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: -- in any sentence. Commissioner Carollo: So -- Chair Hardemon: In any sentence. Commissioner Carollo, make your motion. Commissioner Carollo: I think there's a motion on the floor. Chair Hardemon: I don't think there's a motion on the floor. Commissioner Carollo: Yes, there is. Chair Hardemon: What's the motion? To approve. There is a motion on the floor. Any further discussion on the motion on the floor? Todd B. Hannon (City Clerk): One moment, sir. I think -- Commissioner, just one moment. Vice Chair Russell: We can do this in January. It's not killing anything; it's getting it right. Chair Hardemon: Any discussion on the motion on the floor? Commissioner Reyes: Can I withdraw my second? Mr. Hannon: Yes, sir, you can. Chair Hardemon: You could. Commissioner Reyes: So why don 't we defer it? Is that right -- is that good for you? Chair Hardemon: That's not -- I don 't think that's what he said. Vice Chair Russell: It's not good for him, but -- Commissioner Carollo: No. Commissioner Reyes: Huh? Chair Hardemon: I don't think that's what he said. I think he -- Commissioner Reyes: You want to go ahead and vote, so -- Chair Hardemon: Yeah. He said he's going to tell all his Spanish ladies -- Commissioner Carollo: No. Chair Hardemon: -- that I killed the motion again. Commissioner Carollo: Well, I said, "The way it's looking, I have two options: I could defer it to December." Commissioner Reyes: Yes. Commissioner Carollo: Now we're looking at January. Next thing you know, it's going to be next year, and we'll be in hurricane season again. City of Miami Page 109 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Reyes: No. Chair Hardemon: I -- Commissioner Carollo: But anyways -- or I could make the motion; we vote on it; it seems like it's going to die. And, yeah, I'll go back to my district. And when they ask me, I will say, "No, I tried." Listen, not this month; it's months back. And you know, we always need to defer this and that, not by what I -- because I clearly said, "Listen, whatever issues come to me, let's talk about it." I actually reached out to the affordable housing industry. This didn't just come up just from me, from my head. I mean, I spoke to them, and I said, "Hey, can we do this? Can we do that?" I mean, from my original one, I altered quite a bit. I made a lot of adjustments. But, in essence, you know, it's the decision that now I have to make: Do I defer it, or do we take a vote? It dies. And then, when I go back to the district, I'm going to tell them the truth: "It died." Chair Hardemon: So my name -- Vice Chair Russell: You'll have to tell them you didn't get it through. When you have a chance to get it through; just not today. Commissioner Carollo: And I'm going to -- and they're going to say, "What happened?" I'll say, "Commissioner Russell and Commissioner Hardemon voted against it. It died." Vice Chair Russell: There's been a withdrawal of the second. Commissioner Reyes: No. I'm saying, if he wants to defer -- Chair Hardemon: You said that you would withdraw your motion (UNINTELLIGIBLE). Commissioner Reyes: If you want to defer it -- but if you want to vote, I'll keep on seconding. Chair Hardemon: Commissioner Carollo. Commissioner Reyes: It's your -- it's your decision. Mr. Fine: Mr. Chair? Vice Chair Russell: I have a question before we vote. If it dies today, how long till we can bring it back in a form similar to this with the adjustments we want? If it gets voted down, isn't there a certain time limit with which we can bring back similar legislation? Ms. Mendez: That's only -- you have a good memory, but that's only for PZ (Planning and Zoning) items. Vice Chair Russell: Okay. Ms. Mendez: We can bring back this legislation -- Vice Chair Russell: So we can it back from scratch in December -- Ms. Mendez: -- from scratch -- City of Miami Page 110 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: -- or January. Ms. Mendez: -- in December, but hopefully -- Chair Hardemon: You can change it. Ms. Mendez: -- with a sponsor so we don't have to do the 60 days. Vice Chair Russell: Yep. Chair Hardemon: But I mean, you can change it. Commissioner Carollo. Commissioner Carollo: The sponsor will not be here anymore. Chair Hardemon: Commissioner Carollo, do you feel lucky? Commissioner Carollo: Listen -- Chair Hardemon: Do you feel lucky? Commissioner Carollo: Yes, I do. However, I'll tell you what. Chair Hardemon: There's a motion. Vice Chair Russell: Wait, wait, wait, wait. You -- Carollo has a -- Commissioner Carollo: I do. Chairman, I do. I do. I do numbers very well, as you know, so I do. However, listen, I don't want to go through all the buildings in Little Havana and say, "Hey, yeah, I tried; they killed it. Who voted against it?" So and so and so and so, you know. I don't want to do that. So you know what? Commissioner Reyes: I'll keep my second. Chair Hardemon: It's your world, Commissioner Carollo. Commissioner Reyes: Okay. So (UNINTELLIGIBLE) ? Commissioner Carollo: You know what? I'm going to withdraw. I'm going to withdraw the motion. Commissioner Reyes: Whatever you say. Commissioner Carollo: I will defer it to next month. I'm going to -- Commissioner Reyes: Frank -- Mr. Chairman. Frank, I think -- I agree with you, okay? And whatever you want to do, it is your call. Commissioner Carollo: No, I understand. Commissioner Reyes: Okay. It's your call. Commissioner Carollo: But, listen, I don't want to go to all the buildings in Little Havana -- and there's quite a few -- and tell them, "Yes, Commissioner Russell voted against it or killed the motion or killed it," you know? Chair Hardemon: You won't. City of Miami Page 111 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Carollo: Oh, yes, I will. Chair Hardemon: You won't have to. Commissioner Carollo: I know. But with that said, I don't want to -- if he really has that reservation, so much reservation that he asked someone to please come back so he could speak against it, if he's got that much reservation that he's going out of his way to make sure that there's opposition to this, you know what? I'll take the high road. And what I'll do is, I'll defer it till next month, and hopefully this body will do the right thing. Because let me tell you something, it really is about public safety -- Commissioner Reyes: Yes. Commissioner Carollo: -- you know. When you talk about 14 floors, they don't have electricity; they can't come down the elevators -- Commissioner Reyes: No. Commissioner Carollo: -- and they don't have the health to walk downstairs. We had to actually climb stairs -- 14th floor -- to deliver ice, to deliver water. It really is public safety. Chair Hardemon: I remember. Commissioner Carollo: And I will tell you, my district -- and I'll tell you what. It expands my district, you know. A large area in the City of Miami knows that this is very close to my heart, because this is really people that are needy. So with that said, I'll make the motion to defer it to the next month, and hopefully, this Commission will do the right thing. Daniel J. Alfonso (City Manager): Mr. Chairman. Chair Hardemon: Yes. Mr. Alfonso: I would like to ask that Commissioner Reyes become the sponsor then, so that we don't have to go through the issue of -- Commissioner Reyes: I'll be sponsoring it. Mr. Alfonso: -- having the announcement, et cetera. Commissioner Reyes: Okay. And as a matter of fact, I would like his name to remain, and I'll co-sponsor his. Mr. Alfonso: Thank you. And I would like the -- Commissioner Reyes: (UNINTELLIGIBLE). Mr. Alfonso: -- gentleman to -- Commissioner Reyes: -- Frank Carollo to be (UNINTELLIGIBLE). Mr. Alfonso: -- speak to our staff because our staff was not really consulted in this ordinance too much, and I would like for them to have the professional input into the discussion. City of Miami Page 112 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: So the motion has been properly made to continue this item to the next agenda; it was properly seconded through Commissioner Reyes, identifying his support as a co-sponsor as well. Is there any further discussion with that motion that's on the floor? Hearing none, all in favor of that motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Mr. Fine: Mr. Chair, can I say two quick things? One is -- Ms. Mendez: Yeah. I wouldn't. Commissioner Carollo: No. Mr. Alfonso: Thank you, sir. Mr. Fine: No, no, no, no. This is -- Commissioner Reyes: Quit while you're ahead. Quit while you're ahead. END OF SECOND READING ORDINANCES City of Miami Page 113 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 2739 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING CHAPTER 2/ARTICLE XI/DIVISION 13/SECTION 2-1177 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/CITY OF MIAMI BEAUTIFICATION COMMITTEE/MEMBERSHIP; TERM OF OFFICE; VACANCIES; OFFICERS; RULES OF PROCEDURE; MEETINGS; QUORUM; ATTENDANCE REQUIREMENTS," BY AMENDING THE QUORUM AND TERM PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: Item FR.1 was continued to the December 14, 2017, Regular Commission Meeting. Note for the Record: For minutes referencing Item FR.1, please see "Order of the Day." City of Miami Page 114 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 FR.2 2903 Commissioners and Mayor ORDINANCE TO BE DEFERRED First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 29/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/IN GENERAL," MORE PARTICULARLY BY ADDING SECTION 29-6 TO PROVIDE A FRAMEWORK FOR CERTAIN WILLING WATERFRONT PROPERTY OWNERS TO GRANT THE CITY OF MIAMI AN EASEMENT TO CONSTRUCT AND MAINTAIN A BAYWALK OR RIVERWALK UNTIL THE PROPERTY OWNER ENGAGES IN SUCH DEVELOPMENT THAT WOULD REQUIRE A DUTY TO PROVIDE A BAYWALK OR RIVERWALK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: Item FR.2 was continued to the December 14, 2017, Regular Commission Meeting. Note for the Record: For minutes referencing Item FR.2, please see "Order of the Day." FR.3 ORDINANCE First Reading 3152 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING Office of the City CHAPTER 2/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, Attorney FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/LOBBYISTS," TO AMEND APPLICABILITY, DEFINITIONS, REGISTRATION AND ETHICS REQUIREMENTS, AND EXPENDITURE REPORTING REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Reyes ABSENT: Gort, Carollo Note for the Record: For additional minutes referencing Item FR.3, please see "Public Comment Period for Regular Items." City of Miami Page 115 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: Because we're talking directly about the lobbying issue, I'll call FR.3. Madam City Attorney, can you read it into the record? Oh, I'm sorry. City Attorneys Office. Barnaby Min (Deputy City Attorney): Yes, Mr. Chair. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: Mr. Chair, this is originally sponsored by the Office of the City Attorney. I believe District 2 may want to co-sponsor it now, as well. This was originally brought based on a discussion with the Commission on Ethics that is recommending the proposed changes in the ordinance. Vice Chair Russell: Yes, Mr. Chairman, I'd like to be a co-sponsor on this item. Chair Hardemon: The record will show -- so reflect that you are a co-sponsor. Vice Chair Russell: So I'd like to move the item. Chair Hardemon: It's been properly moved -- Commissioner Reyes: Second. Chair Hardemon: -- seconded by Commissioner Reyes to approve this agenda item. Vice Chair Russell: If I may? Chair Hardemon: You are recognize. Vice Chair Russell: Thank you. This would amend our Code, actually, with regard to how we -- our City handles lobbying, and it brings it more in line with how the County organizes, so there is uniform pattern, but I also recognize -- and my intent in approaching the City Attorney's Office on this was to strengthen our Code. So I really wanted to make sure -- and I recognize this ups some of the fines for when lobbyists don't register in time or don't report. It has reporting requirements. All this, again, goes to the transparency of lobbying in the City of Miami. I want to make sure this is first reading, so that between first and second, I would really like the City Attorney's Office to study our City Code versus the County Code, to make sure that in no way are we weakening our ability to regulate the lobbying industry and make sure that everything is fully transparent. Mr. Min: Yes, sir. Commissioner Reyes: Yes. Vice Chair Russell: Thank you. Chair Hardemon: It's been properly moved and seconded. We asked for any discussion. Any further discussion? Seeing no further discussion, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 116 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 FR.4 ORDINANCE First Reading 3153 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING Office of the City CHAPTER 11.5/ARTICLE II OF THE CODE OF THE CITY OF Attorney MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW/THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL," MORE PARTICULARLY BY AMENDING SECTION 11.5-32, ENTITLED "SUBPOENA POWERS," AND AMENDING SECTION 11.5-34, ENTITLED "EXECUTIVE DIRECTOR; INDEPENDENT COUNSEL; ASSISTANCE FROM CITY OFFICIALS," TO CONFORM WITH THE FLORIDA SUPREME COURT RULING IN THE CASE OF D'AGOSTINO, ET AL. VS. CITY OF MIAMI, ET AL., CASE NO. 16- 645; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Reyes ABSENT: Gort, Carollo Chair Hardemon: Will you please read into the record FR.4? Commissioner Reyes: Which one? The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Commissioner Reyes: Which one you say? Chair Hardemon: FR. 4. Barnaby Min (Deputy City Attorney): Mr. Chairman, this is sponsored by the City Attorney's Office. There was a lawsuit that went all the way up to the Supreme Court of Florida. The Supreme Court found that the Civilian Investigative Panel does not have the authority to subpoena police officers that are under investigation, as it violates the Officers' Bill of Rights, so we are amending the City Code to be in compliant with that opinion. Chair Hardemon: Thank you very much. Is there a motion to approve it? Is there any motion at all? Vice Chair Russell: I'll move it. Chair Hardemon: It's been properly moved and seconded by the Chair to approve this agenda item. Any further discussion regarding that motion? Hearing none, all in favor of that motion, say, aye. The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 117 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Reyes: Yes, sir. Chair Hardemon: All right, let's recess back into our Planning & Zoning meeting. Todd B. Hannon (City Clerk): We're going to -- Chair Hardemon: Need a minute? I understand. Vice Chair Russell: What remained in RE (Resolution)? FR.5 ORDINANCE First Reading 3225 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PLANNING AND ZONING/PUBLIC BENEFITS TRUST FUND," MORE PARTICULARLY BY CREATING NEW SECTION 62-647 OF THE CITY CODE, ENTITLED "UNDERLINE PUBLIC BENEFITS TRUST FUND; INTENT," SECTION 62-648 OR THE CITY CODE, ENTITLED "ESTABLISHED," AND SECTION 62-649 OF THE CITY CODE, ENTITLED "FINANCIAL REPORT," ESTABLISHING THE UNDERLINE PUBLIC BENEFITS TRUST FUND; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: Item FR.5 was continued to the December 14, 2017, Regular Commission Meeting. Note for the Record: For minutes referencing Item FR.5, please see "Order of the Day." END OF FIRST READING ORDINANCES City of Miami Page 118 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 RE - RESOLUTIONS RE.1 RESOLUTION 2474 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION RENAMING THE CITY OF MIAMI'S POLICE TRAINING FACILITY, CURRENTLY REFERRED TO AS THE MIAMI POLICE COLLEGE, LOCATED AT 400 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, THE "JOHN F. TIMONEY POLICE COLLEGE"; DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THE RENAMING OF SAID FACILITY. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For additional minutes on Item RE.1, please see "Order of the Day." Chair Hardemon: Thank you very much. I'm calling the regular meeting of November 16, 2017 of the Miami City Commission back into order. We are on the regular agenda, as I stated. And what I'd like to do is to try to move through some things rather quickly. I understand that we have somewhat of a full house and a few issues that we need to take care of. So first, Madam City Attorney, can you please read into the record --? No, no, I'm not going to do that first. Vice Chair Russell: Are we going back to the regular agenda? Chair Hardemon: Yeah, we're on the regular agenda. Let's do this. There are some RE (Resolution) agenda items. We see that RE.1 was indefinitely deferred; RE.2 was continued; RE.7 was continued. The Chair would like to request a motion to approve every other RE item, except RE.12, and you can take a look at it -- Vice Chair Russell: Just a moment. Chair Hardemon: -- to understand the motion that I'm asking you all to make. Daniel J. Alfonso (City Manager): So Mr. Chairman, if I understand, you're looking at RE.3, 4, 5, 6, 8, 9, 10, and 11? Chair Hardemon: That is correct. Barnaby Min (Deputy City Attorney): And also, to be clear, Mr. Chair, I believe there were substitutions that were handed out for RE.10 and RE.11, so they will have to be adopted as modified. Chair Hardemon: In the motion that's what it will be. And, of course, we can always have discussion on any item after the motion has been made -- well, before the motion has been made. City of Miami Page 119 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: Yeah. Give me just a second. Commissioner Reyes: (UNINTELLIGIBLE) RE. 7, 8 -- Chair Hardemon: 3, 4, 5, 6 -- Commissioner Reyes: 3, 4, 5, 6 -- Chair Hardemon: -- 8, 9, 10, and 11. Commissioner Reyes: -- 10 and 11. (UNINTELLIGIBLE). Vice Chair Russell: I'm going to pull -- Chair Hardemon: You want to discuss or you want to pull? Vice Chair Russell: -- RE.6, because I'm -- I had it (UNINTELLIGIBLE) with two other items that were elsewhere in the agenda. I'll just discuss it. That's fine. Chair Hardemon: Okay. So the motion has been made by Commissioner Reyes to approve as aforementioned -- Commissioner Reyes: As aforementioned. Chair Hardemon: -- seconded by the Chairman. Discussion. You're recognized, the Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. RE.6 goes together with a couple other items that I'm bringing today, having to do with lobbyists perform in the City of Miami. I've been here a couple of years and have worked with many lobbyists on all these issues. And, you know, I think we can recognize that they serve a significant function in our job. They help explain what a client or an applicant is trying to get changed within the City. They represent their client. Where they get a bad reputation is sometimes within the lack of transparency on the way lobbyists are able to work within the City; and so, I'm looking to try to improve that transparency, so the public has more faith in the lobbying system, in the applicants, and the City electeds [sic] and Administration. So this particular item is RE.6. This is asking the Administration to develop an administrative policy with regard to City staff conducting City business with lobbyists, and this could have to do with something as simple as a registration upon entering the building or entering an office, wherein lobbyists check in, or an administrative order for employees to ask a lobbyists if they are registered to lobby on a specific item on behalf of a client when they are approached. I'll leave it to the discretion of the Manager, but I would like to see some of these implemented. And you'll see a couple other items coming from me today on similar subject. Chair Hardemon: Any other 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 120 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 RE.2 RESOLUTION 2812 Miami Sports and Exhibition Authority A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO REVIEW THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") AND THE SUBLEASE AGREEMENT BETWEEN MSEA AND THE MIAMI CHILDREN'S MUSEUM, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("MCM"), IN ORDER TO CONSIDER WHETHER THE CITY SHOULD TRANSFER APPROXIMATELY 26,599 SQUARE FEET OF LAND ON THE SOUTHWEST SIDE OF THE PROPERTY TO MCM IN ORDER TO ALLOW MCM TO EXPAND ITS CURRENT PROGRAM SPACE AND TO PROVIDE A NEW ENTRANCE TO GUESTS; FURTHER DIRECTING THE CITY MANAGER TO RETURN TO THE CITY COMMISSION WITH A PLAN OF ACTION TO ACCOMPLISH THE SAME, IF APPROPRIATE; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: Item RE.2 was continued to the December 14, 2017, Regular Commission Meeting. Note for the Record: For minutes referencing Item RE.2, please see "Order of the Day" and Item RE.1. City of Miami Page 121 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 RE.3 RESOLUTION 2839 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED MAY 1, 2017 PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 680381 FROM STANDARD INSURANCE COMPANY ("STANDARD") TO PROVIDE AN INSURED EMPLOYER SPONSORED LONG TERM DISABILITY PROGRAM WITH THE OPTION TO BUY -UP TO A PREMIER AND A VOLUNTARY EMPLOYEE SHORT TERM DISABILITY PROGRAM (COLLECTIVELY REFERRED TO AS "PROGRAM") FOR THE CITY OF MIAMI'S EXECUTIVE EMPLOYEES FOR AN INITIAL PERIOD OF THREE (3) YEARS WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL THREE (3) YEAR PERIOD ON AN AS -NEEDED CONTRACTUAL BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH STANDARD FOR THE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AND ALL AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0536 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Reyes ABSENT: Gort, Carollo Note for the Record: For minutes referencing Item RE.3, please see Item RE.1. RE.4 RESOLUTION 3146 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND ELITE MARINE CONCIERGE INC. ("LICENSEE") FOR A PORTION OF THE CITY -OWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR A USE FEE IN THE AMOUNT OF FOUR THOUSAND FIVE HUNDRED DOLLARS ($4,500.00) PER MONTH, WITH ADDITIONAL TERMS AND CONDITIONS AS SET FORTH IN THE LICENSE. ENACTMENT NUMBER: R-17-0537 City of Miami Page 122 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Reyes ABSENT: Gort, Carollo Note for the Record: For minutes referencing Item RE.4, please see Item RE.1. RE.5 RESOLUTION 3139 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY CLERK, IN COLLABORATION WITH THE CITY MANAGER, TO DEVELOP A SEARCHABLE LOBBYIST REGISTRATION DATABASE THAT IS UPDATED IN REAL TIME; FURTHER DIRECTING THAT A HYPERLINK TO THE DATABASE BE PLACED ON THE HOME PAGE OF THE CITY OF MIAMI'S WEBSITE. ENACTMENT NUMBER: R-17-0538 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Reyes ABSENT: Gort, Carollo Note for the Record: For minutes referencing Item RE.5, please see Item RE.1. RE.6 RESOLUTION 3261 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO DEVELOP AND ISSUE AN ADMINISTRATIVE POLICY THAT ESTABLISHES A UNIFORM PROCEDURE FOR CITY STAFF TO ADHERE TO WHEN ENGAGING WITH AND CONDUCTING OFFICIAL CITY BUSINESS WITH LOBBYISTS. ENACTMENT NUMBER: R-17-0539 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Reyes ABSENT: Gort, Carollo Note for the Record: For minutes referencing Item RE.6, please see Item RE.1. City of Miami Page 123 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 RE.7 RESOLUTION 2916 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING THE FINDING OF NECESSITY REPORT PREPARED BY PMG ASSOCIATES, INC., ATTACHED AND INCORPORATED, FOR THE NON- CONTIGUOUS EXPANSION OF THE BOUNDARIES OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") TO THE WEST GROVE AREA; DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THE CRA'S EXPANSION INTO THE WEST GROVE, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND MIAMI-DADE COUNTY'S ADMINISTRATIVE CODE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: Item RE.7 was continued to the December 14, 2017, Regular Commission Meeting. Note for the Record: For minutes referencing Item RE.7, please see "Order of the Day" and Item RE.1. RE.8 RESOLUTION 2917 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING AMENDMENTS TO APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2017 ("FISCAL YEAR 2016-17") ENACTMENT NUMBER: R-17-0540 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Reyes ABSENT: Gort, Carollo Note for the Record: For minutes referencing Item RE.8, please see Item RE.1. City of Miami Page 124 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 RE.9 RESOLUTION 2918 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS TO THE FISCAL YEAR 2017-18 MULTI -YEAR CAPITAL PLAN ADOPTED WITH MODIFICATIONS ON SEPTEMBER 19, 2017 PURSUANT TO RESOLUTION NO. 17-0445 AND AS SUBSEQUENTLY AMENDED ON SEPTEMBER 28, 2017 PURSUANT TO RESOLUTION NO. 17- 0475, AND ON OCTOBER 12, 2017 PURSUANT TO RESOLUTION NO. 17-0489, REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; AUTHORIZING THE CITY MANAGER, CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, AND ALL OTHER NECESSARY OFFICIALS, EMPLOYEES, AND AGENTS OF THE CITY OF MIAMI TO TAKE ALL ACTIONS NECESSARY FOR CONTINUING COMPLIANCE WITH RESOLUTION NOS. 07-0586 AND 09-0470, ADOPTED OCTOBER 11, 2007, AND OCTOBER 8, 2009, RESPECTIVELY, AND THE TAX COMPLIANCE CERTIFICATE, DATED DECEMBER 2, 2009, FOR THE $65,000,000.00 CITY OF MIAMI, FLORIDA SPECIAL OBLIGATION BONDS, SERIES 2009 (STREET AND SIDEWALK IMPROVEMENT PROGRAM); RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND GRANTS IN PROGRESS. ENACTMENT NUMBER: R-17-0541 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Reyes ABSENT: Gort, Carollo Note for the Record: For minutes referencing Item RE.9, please see Item RE.1. City of Miami Page 125 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 RE.10 3121 Department of Finance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($7,500,000.00) IN AGGREGATE PRINCIPAL AMOUNT OF A CITY OF MIAMI, FLORIDA ("CITY") SPECIAL OBLIGATION NON- AD VALOREM REVENUE REFUNDING NOTE, TAXABLE PENSION SERIES 2017 ("NOTE") AND THE COSTS OF ISSUANCE THEREOF; APPROVING THE SELECTION OF THE PRIVATE PLACEMENT PROPOSAL FROM PNC BANK, NATIONAL ASSOCIATION ("LENDER") AND PROVIDING FOR THE PRIVATE PLACEMENT WITH AND NEGOTIATED SALE OF SAID NOTE TO THE LENDER; SETTING CERTAIN BASIC PARAMETERS OF THE TERMS AND CONDITIONS OF A LOAN AGREEMENT AND THE NOTE, AND AUTHORIZING THE NEGOTIATION, EXECUTION AND DELIVERY OF A LOAN AGREEMENT, THE NOTE, AND ALL OTHER NECESSARY AGREEMENTS, DOCUMENTS, AND INSTRUMENTS IN CONNECTION THEREWITH; MAKING CERTAIN FINDINGS AND DETERMINATIONS; AUTHORIZING ALL REQUIRED ACTIONS BY THE CITY MANAGER, THE CITY ATTORNEY, BOND COUNSEL, CHIEF FINANCIAL OFFICER, FINANCE DIRECTOR, FINANCIAL ADVISOR, AND ALL OTHER CITY OFFICIALS IN CONNECTION THEREWITH; FURTHER AUTHORIZING THE CITY MANAGER, CITY ATTORNEY, CHIEF FINANCIAL OFFICER, FINANCE DIRECTOR, FINANCIAL ADVISOR, BOND COUNSEL, BOND REGISTRARS, NOTE REGISTRAR, ESCROW AGENT, AND PAYING AGENTS AND ALL OTHER NECESSARY CITY OFFICIALS TO UNDERTAKE THE NECESSARY STEPS AND TO NEGOTIATE, EXECUTE, AND DELIVER ALL NECESSARY ESCROW DEPOSIT AGREEMENTS, NOTICES, DOCUMENTS, AND INSTRUMENTS IN CONNECTION WITH THE REDEMPTION OF SIX MILLION, THREE HUNDRED EIGHTY-FIVE THOUSAND DOLLARS ($6,385,000.00) OF THE CITY'S OUTSTANDING PRINCIPAL AMOUNT OF THE CITY'S NON - AD VALOREM REFUNDING REVENUE BONDS, TAXABLE PENSION SERIES 2009 ("SERIES 2009 BONDS"); AUTHORIZING THE TRANSFER OF ALL REMAINING PROCEEDS AND INTEREST ON THE SERIES 2009 BONDS, IF ANY, FOR REDEMPTION IN ACCORDANCE WITH THE AUTHORIZING RESOLUTION (AS DEFINED BELOW) AND CONTINUING DISCLOSURE AGREEMENT (AS DEFINED BELOW) FOR CONTINUING COMPLIANCE FOR THE SERIES 2009 BONDS; DELEGATION OF AUTHORITY TO THE CITY MANAGER TO SELECT AND APPOINT THE ESCROW AGENT AND THE VERIFICATION AGENT; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH; AND PROVIDING APPLICABLE EFFECTIVE DATES. ENACTMENT NUMBER: R-17-0542 City of Miami Page 126 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 RE.11 3122 Department of Finance MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Reyes ABSENT: Gort, Carollo Note for the Record: For minutes referencing Item RE.10, please see Item RE.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED SIXTY-ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($61,500,000.00) IN AGGREGATE PRINCIPAL AMOUNT OF A CITY OF MIAMI, FLORIDA ("CITY") SPECIAL OBLIGATION NON - AD VALOREM REVENUE REFUNDING NOTE, SERIES 2017 ("NOTE") AND THE COSTS OF ISSUANCE THEREOF; APPROVING THE SELECTION OF THE PROPOSAL FROM DNT ASSET TRUST, A WHOLLY -OWNED SUBSIDIARY OF JPMORGAN CHASE BANK, N.A. ("PURCHASER" AND "LENDER"); SETTING CERTAIN BASIC PARAMETERS OF THE TERMS AND CONDITIONS OF A LOAN AGREEMENT AND THE NOTE AND AUTHORIZING THE NEGOTIATION, EXECUTION AND DELIVERY OF A LOAN AGREEMENT, THE NOTE, AND ALL OTHER NECESSARY AGREEMENTS, DOCUMENTS, AND INSTRUMENTS IN CONNECTION THEREWITH; MAKING CERTAIN FINDINGS AND DETERMINATIONS; AUTHORIZING ALL REQUIRED ACTIONS BY THE CITY MANAGER, THE CITY ATTORNEY, BOND COUNSEL, CHIEF FINANCIAL OFFICER, FINANCE DIRECTOR, FINANCIAL ADVISOR, AND ALL OTHER CITY OFFICIALS IN CONNECTION THEREWITH; FURTHER AUTHORIZING THE CITY MANAGER, CITY ATTORNEY, CHIEF FINANCIAL OFFICER, FINANCE DIRECTOR, FINANCIAL ADVISOR, BOND COUNSEL, BOND REGISTRARS AND PAYING AGENTS AND ALL OTHER NECESSARY CITY OFFICIALS TO UNDERTAKE THE NECESSARY STEPS AND TO NEGOTIATE, EXECUTE, AND DELIVER AN ESCROW DEPOSIT AGREEMENT, AND ANY NOTICES, DOCUMENTS, AND INSTRUMENTS IN CONNECTION WITH THE REDEMPTION OF A PORTION OF THE CITY'S OUTSTANDING SPECIAL OBLIGATION NON- AD VALOREM REVENUE REFUNDING BONDS, SERIES 2011A ("SERIES 2011A BONDS"); DELEGATION OF AUTHORITY TO THE CITY MANAGER TO SELECT THE ESCROW AGENT AND THE VERIFICATION AGENT AND FURTHER AUTHORIZATIONS REGARDING THE ISSUANCE OF THE NOTE AND THE REDEMPTION AND REFUNDING OF THE SERIES 2011A BONDS TO BE REFUNDED; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH; AND PROVIDING APPLICABLE EFFECTIVE DATES. ENACTMENT NUMBER: R-17-0543 City of Miami Page 127 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Reyes ABSENT: Gort, Carollo Note for the Record: For minutes referencing Item RE.11, please see "Public Comment Period for Regular Items" and Item RE.1. RE.12 RESOLUTION 3272 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING FUNDS FROM THE DISTRICT 3 DISCRETIONARY SPECIAL REVENUE ACCOUNT TO A HUMAN RESOURCE SPECIAL REVENUE ACCOUNT TO BE USED FOR THE TRANSITION OF DISTRICT 3 PERSONNEL PURSUANT TO ADMINISTRATIVE POLICY MANUAL ("APM") 1-02 DATED FEBRUARY 5, 2002 FOR UP TO A YEAR; FURTHER DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO ENSURE THAT THE POLICIES OF APM 1-02 AND THIS RESOLUTION ARE COMPLIED WITH. ENACTMENT NUMBER: R-17-0545 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For additional minutes referencing Item RE.12, please see Item RE.1 and NA.1. Commissioner Carollo: Mr. Chair. Chair Hardemon: You're recognized. Commissioner Carollo: Can we revisit RE.12? Chair Hardemon: Yes. Commissioner Carollo: So I'll read the resolution and then I'll explain a little bit. A resolution of the Miami City Commission, allocating funds from the District 3 discretionary special revenue account to a human resource special revenue account, to be used for the transition of District 3 personnel, pursuant to Administrative Policy Manual, APM 1-02, dated February 5, 2002, for up to a year; further recommending or directing --? Victoria Mendez (City Attorney): The change that you suggested was "recommending. " City of Miami Page 128 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Carollo: Further recommending the City Manager to take all steps necessary to ensure that the policies of APM 1-02 and this resolution are completed [sic] with. And Commissioners, what I'm doing is that over the years, we've been pretty efficient in our office, and we've had additional funds in the discretionary special revenue account, and what I would like to do is put those funds in a human resource special revenue account so that there's a proper transition of my staff for up to a year, so that they're not concerned that in two or three months, they may be let go or so forth. This will not hinder my successor's budget, as these are funds that are from the discretionary special revenue account, which was monies that we've -- build up over the years, and I think it's the proper way to move forward and proper way to transition my staff. So I will move RE.12. Chair Hardemon: There's a motion and a second. Any discussion? Vice Chair Russell: Yes, Mr. Chair. Just so I understand how this functions, does this create a precedent that could be of concern with regard to the future and employees in electeds' office? Because I have not saved significantly enough that -- Chair Hardemon: Spend it then. Spend it. Vice Chair Russell: -- I could give a year -- guarantee a year's employment from -- so I just want to make sure that we're doing it the right way. And also, is there -- how does the APM (Administrative Policy Manual) work? Right now it says for three months, right? And it's at the Manager's discretion where within the departments they would fall, and that just comes from the general fund. Commissioner Carollo: So instead of using the general fund and me being fiscally conscious, as always, I'm providing the funding so it will not be a financial burden on any department or the general fund, for that matter. So -- and again, also thinking of my successor, it will not hinder my successor, because his current budget will be intact. This is from monies that we have actually -- have acquired and, being efficient, have been able to put into this account. Vice Chair Russell: Commissioner, but if you were not to spend it, it would roll over to the next Commissioner, though, correct? Commissioner Carollo: Yes, all the monies that we have saved. And all our employees that have been extremely efficient -- Vice Chair Russell: And I get that, because you could have paid them twice as much and it would be gone by now, but it -- you've saved it, and so, you know, it's -- I understand that. I just -- my only concern was precedent and the Charter with regard to us -- if this is in any way directing -- or do we need to change the APM, or do we need to amend the APM? Are we good here? Ms. Mendez: Two things: One, it's recommending, so not directing, so we don't run afoul of any Charter provisions. And second, the APM is basically -- was created by the Manager's Office, so it wasn't anything that was directed by anyone; it was something that came up through the Manager's Office. In this case, though, the Manager's Office, when they have to place for three months, they never have funding to do so. They have to scramble to get it done. And here, the Commissioner is actually providing the funding, so that's the -- Vice Chair Russell: Commissioner, your staff works damned hard, and all of ours do, and we don't appreciate them enough, and the fact that you've been frugal enough to save these funds -- if you find a way to make this happen, I think it's a great thing for them for their job security. City of Miami Page 129 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Carollo: And that's exactly my point. I don't want them concerned. They've worked very hard. And I'll be honest with you, I purposely chose not to bring them all here in the morning, because it's not my style. I'm more low key. But, yes, I will be providing certificates of appreciation to all of them and so forth. But, yes, I'm appreciative of the work that we have done over the years. And I think it's only proper now that, you know, there's a proper transition, and I will provide for up to a year in their salaries and so forth. So it's worked out. I've spoken to the City Attorney's Office, representation from the Manager and HR (Human Resources), and I think it's something that, you know, I'm able to do. It will not hinder my successor, because I'm taking everyone into consideration, and I think it's the proper thing to do. And, yes, maybe I am setting precedent; maybe this hasn't been done before, but then again, now you have a CPA (Certified Public Accountant) that thinks a little different than others. Chair Hardemon: Madam City Attorney, I have a good friend of mine, and he asks - - he uses the same word many different times -- three, actually -- and he probably is not watching this, because I don't think he watches this channel, but he would ask very repetitively, as my Chief of Staff would know, "My question for you" -- because we all know that this is some sort of precedent happening. One question -- this is not what he would ask. I'll ask the first question this way: Does the Manager have to follow the recommendation of this board? Ms. Mendez: Normally, when there is a resolution by this body, the Manager has taken the direction or the recommended direction by this board. I guess he could maybe not, but if this is a strong recommendation by this board, it's usually followed. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: I refer to my -- I refer to earlier this morning, where I stated about accountability. And if the recommendation isn't followed, there -- I mean, this board can take action, if it so wishes. And by the way, this doesn't mean that this is how it's always going to be with everyone and so forth, but this is how I would like to proceed at least with -- Chair Hardemon: No. I -- so listen -- Commissioner Carollo: You understand what I'm saying? Chair Hardemon: I hear what you're saying. I hear what you're saying. Madam City Attorney, my question to you is, Does the Manager have to follow this recommendation? Ms. Mendez: He does not have to follow that. Chair Hardemon: Okay. That's all -- Ms. Mendez: As well as another -- Chair Hardemon: I wanted to hear, need to hear. Listen, that's all I need to hear. Second, to you, do you have any reservation if this practice becomes normal? I'll leave some day, and maybe I have a staff that needs some transition. Ms. Mendez: The -- City of Miami Page 130 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: Do you have any reservation about this practice being something that Commissioners, which I'm sure all of us who care for our staff will engage in? Ms. Mendez: In the past -- There's already an APM that sets for three months. This APM already exists. In this situation, the Commissioner has been frugal enough to allow for a longer period of time. I don't have a reservation. Obviously, it's something that the Administration has to look at, because sometimes there isn't placements or what have you. Chair Hardemon: Okay. Ms. Mendez: But with that said, it's already a practice that has existed over time. It's just the Commissioner has been -- Chair Hardemon: Has the -- Vice Chair Russell: Can I speak to that? Chair Hardemon: Sure. Vice Chair Russell: Because as -- prior to Commissioner Reyes, I was the most recent to come in, and I had inherited an outgoing staff that had no opportunities. My predecessor made no provisions for them, and they did not have a job, and they came to me, so I went and talked to the Manager, because at that time, I didn't know about the APM, and it wasn't guaranteed that they would have a spot; and so, we worked it out and we found some place for them, but it wasn't a given. Commissioner Carollo: And by the way, that APM that exists, the funding is general funds. Vice Chair Russell: Yes. Commissioner Carollo: So I'm providing the funding -- Vice Chair Russell: Right. Commissioner Carollo: -- now. Chair Hardemon: So does that APM -- it's not necessarily just for -- it can be applied basically from staff members who are on this side and not on the -- when I say "this side," I mean, in the Commissioners' offices -- and not just from Commissioner -- from individuals that are in the Manager's Office. You understand what I'm saying? This, as what was described earlier by the testimony of our Vice Chairman -- these funds can be used -- I'm sorry -- the APM can be used in a way that benefits those who come from -- who are in our offices and be used in the -- Ms. Mendez: It's only for them. Chair Hardemon: -- (UNINTELLIGIBLE) in the Manager's Office. Ms. Mendez: It's only for them. The APM addresses a situation -- Chair Hardemon: Okay. Ms. Mendez: -- wherein an elected official leaves and employees are left behind, and it addresses them for three months. City of Miami Page 131 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: Okay. My next question -- and James, I think you'll appreciate this -- is this legal, legal, legal? Ms. Mendez: There's nothing wrong with it, at all. It's legal. It's a legal function, especially if the monies are present. Chair Hardemon: Okay. All right. Any further discussion? Commissioner Carollo: And by the way, this doesn't guarantee them a permanent job or anything like that. Chair Hardemon: Understood. Commissioner Carollo: They would still have to apply to any jobs and so forth, but it gives them a transition period where they can apply to various jobs and so forth and so on, but it's not a rush, rush, rush, because let's say, three months -- which, by the way, again, general fund, now I'm actually funding it -- the first month is Christmas. You know, it's the holidays. Chair Hardemon: Yes. Commissioner Carollo: So that first month -- Chair Hardemon: Is tough. Commissioner Carollo: -- applying, being worried. Chair Hardemon: Yeah. Commissioner Carollo: It's family time. Chair Hardemon: That's right. Commissioner Carollo: You understand what I'm saying? So I -- that's why I want to extend that, and I'm funding it. Chair Hardemon: Does this also work if a Commissioner has not left office? you're transitioning someone (UNINTELLIGIBLE)? Ms. Mendez: Specifically, it's addressed for when they leave office. Chair Hardemon: Okay. All right. Ms. Mendez: That's what the -- Chair Hardemon: Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? Motion passes. Commissioner Carollo: Thank you, Commissioners. Chair Hardemon: You're very welcome. If City of Miami Page 132 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 END OF RESOLUTIONS City of Miami Page 133 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 BC.1 2828 Office of the City Clerk BC.2 2113 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Commissioner Frank Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo City of Miami Page 134 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 BC.3 3022 Office of the City Clerk BC.4 2510 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Cristina Palomo Vice Chair Ken Russell ENACTMENT NUMBER: R-17-0560 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Chair Hardemon: BC (Boards and Committees). Nicole N. Ewan (Assistant City Clerk): Good evening, Chair and Commissioners. BC3, Bayfront Park Management Trust: Vice Chair Russell is requesting the appointment of Cristina Palomo. Commissioner Carollo: Move it. Commissioner Reyes: Second. Chair Hardemon: Any objection. Hearing none? 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: Jorge Viera ENACTMENT NUMBER: R-17-0561 NOMINATED BY: Commissioner Wifredo (Willy) Gort City of Miami Page 135 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 BC.5 1070 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): BC.3 -- BC.4 -- excuse me -- City of Miami Beautification Committee: Commissioner Gort is requesting the reappointment of Jorge Viera. Commissioner Carollo: Move it. Commissioner Reyes: Second. Chair Hardemon: Any objection? Hearing none, 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 136 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 BC.6 2243 Office of the City Clerk BC.7 3255 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) NOMINATED BY: Chair Keon Hardemon Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI COMMUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Melissa Saldana Commission -At -Large Lisette Varela Commission -At -Large ENACTMENT NUMBER: R-17-0562 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): BC.7, Community Advisory Board: The board is requesting confirmation of Lisette Varela and Melissa Saldana. Commissioner Carollo: Move it. Vice Chair Russell: Move it. Commissioner Reyes: Second. City of Miami Page 137 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 BC.8 2515 Office of the City Clerk Chair Hardemon: Properly moved twice -- Vice Chair Russell: Second. Chair Hardemon: -- and seconded twice. Hearing no objection, motion passes. Vice Chair Russell: Good choice. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Kiesha Moodie Chair Keon Hardemon ENACTMENT NUMBER: R-17-0563 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): Community Relations Board: Chair Hardemon is requesting the reappoint -- the appointment of Keisha -- Chair Hardemon: Wait, wait, wait. What's the name? Ms. Ewan: Keisha Moodie for Community Relations Board. Chair Hardemon: Skip me. Ms. Ewan: Okay. Later... Chair Hardemon: Can you revisit my appointment? Ms. Ewan: Absolutely. This is the Community Relations Board. Chair Hardemon: Yes. Ms. Ewan: Okay. It's the appointment of Keisha Moodie. Chair Hardemon: Yes. City of Miami Page 138 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 BC.9 2514 Office of the City Clerk Commissioner Carollo: Yes. Chair Hardemon: Yes. Commissioner Carollo: Move it. Commissioner Reyes: Second. Chair Hardemon: It's been properly moved and seconded. Hearing no objection, motion passes. Ms. Ewan: Thank you, Chair and Commissioners. Chair Hardemon: Thank you very much. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Rosa De Sanchez Commissioner Wifredo (Willy) Gort ENACTMENT NUMBER: R-17-0564 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): So we'll move on to BC.9, Commission on the Status of Women: Commissioner Gort is requesting reappointment of Rosa De Sanchez. Commissioner Carollo: Move it. Commissioner Reyes: Second. Chair Hardemon: Hearing no objection, motion passes. City of Miami Page 139 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 BC.10 3259 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Philippe Houdard DDA Board of Directors (unexpired term ending 8/31/2018) ENACTMENT NUMBER: R-17-0565 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): BC.10, Downtown Development Authority: The authority's requesting confirmation of Philippe Houdard. Vice Chair Russell: Move it. Commissioner Carollo: Second. Chair Hardemon: Hearing no objection, motion passes. City of Miami Page 140 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 BC.11 2854 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. RESULT: APPOINTEES: (Voting Member) (Post -Secondary Education Representative) (School District Representative) (Children's Trust Representative) (Ex-Officio Non -Voting Member) (Ex-Officio Non -Voting Youth Member) NO ACTION TAKEN NOMINATED BY: Commissioner Frank Carollo City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City of Miami Page 141 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 BC.12 2855 Office of the City Clerk BC.13 2375 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo IAFF FOP AFSCME 871 RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Fausto Alvarez Commissioner Wifredo (Willy) Gort ENACTMENT NUMBER: R-17-0566 City of Miami Page 142 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 BC.14 1599 Office of the City Clerk BC.15 2519 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): BC.13, Finance Committee: Commissioner Gort is requesting reappointment of Fausto Alvarez. Commissioner Reyes: Move it. Commissioner Carollo: Second. Chair Hardemon: Hearing no objection, motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Ken Russell Commissioner Frank Carollo RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Wifredo (Willy) Gort ENACTMENT NUMBER: R-17-0567 NOMINATED BY: Commission -At -Large City of Miami Page 143 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 BC.16 3023 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): BC.15, Mayor's International Council: Commissioner Gort is requesting to be reappointed to the Council. Commissioner Reyes: Move it. Commissioner Carollo: Second. Chair Hardemon: Hearing no objection -- You said this is the Mayor's Council? Ms. Ewan: The Mayor's International Council, that is correct. That is an appointment by the Commission. Chair Hardemon: Hearing no objection, motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI BAYSIDE FOUNDATION INC., FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Andrew Gordon Commissioner Wifredo (Willy) Gort ENACTMENT NUMBER: R-17-0568 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): BC.16, Miami Bayside Foundation: Commissioner Gort is requesting the appointment of Andrew Gordon. Commissioner Reyes: Move it. Commissioner Carollo: Second. Chair Hardemon: Hearing no objection, motion passes. City of Miami Page 144 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 BC.17 2856 Office of the City Clerk BC.18 3263 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Davie Madison Keon Hardemon ENACTMENT NUMBER: R-17-0569 NOMINATED BY: Chair Keon Hardemon City Commission MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Adopt ADOPTED Frank Carollo, Commissioner Manolo Reyes, Commissioner Hardemon, Russell, Carollo, Reyes Gort Nicole N. Ewan (Assistant City Clerk): BC.17, Miami Sports & Exhibition Authority: Chair Hardemon is requesting the reappointment of Davie Madison; and also, Chair Hardemon is requesting to be reappointed to the Authority. Commissioner Carollo: Move it. Commissioner Reyes: Second. Chair Hardemon: Hearing no objection, motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING MAYOR FRANCIS SUAREZ AS A MEMBER OF THE MIAMI-DADE COUNTY TRANSPORTATION PLANNING ORGANIZATION FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Mayor Francis Suarez ENACTMENT NUMBER: R-17-0570 NOMINATED BY: Commission -At -Large City of Miami Page 145 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Chair Hardemon: We are calling the November 16, 2017 Miami City Commission meeting back into order. Right now, the first item is -- well, one of the items that I was -- it was CA.8, item CA.8. We did the PH (Public Hearing) agenda first, Mr. Mayor, so we're at CA.8. CA.8 is the Miami -Dade Transportation Planning Organization. I know there was a request for dollars from us, and one of the things that I thought about, Mr. Mayor, was who are they to ask of us to give monies? So maybe you can help provide some clarity and -- please. Mayor Francis Suarez: Thank you, Mr. Chair. First of all, if I may take something out of order before we get into CA.8; it's BC.18. So BC.18 is my reappointment to the very TPO (Transportation Planning Organization) that you're asking questions on in CA.8. So if you don't mind, I'd like to be reappointed, and let me explain why. I've been serving on the TPO -- or it was the MPO (Metropolitan Planning Organization) back when I started -- for -- I think since I started as Commissioner, eight years ago. I've had the privilege of rising -- at the time, I was the only -- actually, I shouldn't said "I was the only" for all -- the whole time, but -- and many times, I was either the only -- or there was only one other Commissioner on that board of 23 members. Most of the board is comprised of the 13 County Commissioners, and Mayors from cities with a population greater than 50,000. Recently, two more members were added to the board, which is the City of Doral and the City of Coral Gables, because their populations have risen beyond the 50,000- person threshold. So, you know, four years ago -- three years ago, I was selected vice chair in a very contentious -- I see Commissioner Carollo laughing, because I think he was around there during that time -- vote, where I actually beat the Mayor of Miami Beach, 10-8, in like the third ballot. And, you know, I had made a -- put out a letter to the editor to reform the MPO, because I thought that it wasn't working well, and thought it wasn't very efficient; and sort of they punished me by making me travel across the United States for a year to different cities to see different transit systems; what worked, what didn't work, how to leverage them, how to acquire funds, how to finance them, et cetera. And so, I think I went to St. Petersburg, Florida; Atlanta; Houston; San Diego; San Francisco; Los Angeles; Denver; Boston; New York, and Washington, DC (District of Columbia) in one year. They then named me the vice chair; and then they, for the first time I think in their history, have reselected me as vice chair. And what just happened recently, Chair, is that they have instituted a new rule. For the first time, potentially, in their history -- or maybe the second time in their history, they're now going to be required to name a non -County Commissioner as the chair. And so, there's a possibility that if you all rename me to the TPO that I could potentially try to chair the TPO, you know, in the next selection process, if the TPO so desires. So I would respectfully request that the Commission please rename me to the TPO so that I can maintain, you know, the work that I've done there, the time and the energy investment, and rising to that level of vice chair, and potentially having the opportunity to chair the TPO. Commissioner Carollo: I'll make the motion to rename Mayor Suarez to the TPO. Chair Hardemon: So moved. City of Miami Page 146 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 BC.19 2127 Office of the City Clerk Nicole N. Ewan (Assistant City Clerk): And Chair, if I can have a friendly amendment to that resolution to add the word "Mayor" to the resolution. Thank you. Commissioner Carollo: Like I said, Mayor Suarez. Mayor Suarez: That would be wonderful. Chair Hardemon: All right, it's been properly moved and seconded. Commissioner Carollo: Mayor Francis Suarez. Chair Hardemon: Any -- Mayor Suarez: Thank you. Chair Hardemon: -- discussion regarding that motion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Mayor Suarez: All right. 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: Patrick Gajardo Commissioner Wifredo (Willy) Gort ENACTMENT NUMBER: R-17-0571 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): BC.19, Parks & Recreation Advisory Board: Commissioner Gort is requesting the appointment of Patrick Gajardo. Commissioner Carollo: Move it. Commissioner Reyes: Second. Chair Hardemon: Hearing no objection, motion passes. City of Miami Page 147 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 BC.20 1721 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Kiwanis of Little Havana Foundation, In Kiwanis of Little Havana Foundation, In RESULT: DISCUSSED Nicole N. Ewan (Assistant City Clerk): BC.20, Stars of Calle Ocho Walk of Fame Committee: Kiwanis of Little Havana Foundation is requesting the confirmation of Gerard Fernandez and Guillermo Senmartin. Commissioner Reyes: Move it. What's that? Commissioner Carollo: I'm not sure who they are. Chair Hardemon: Is -- that one's yours? Commissioner Carollo: Yeah. Let's defer that one. Chair Hardemon: I hear a lot of names, but I'm like -- Victoria Mendez (City Attorney): Commissioner -- Commissioner Carollo: Yeah, let's defer that. Ms. Mendez: -- Carollo, I think that they're both Kiwanis, (UNINTELLIGIBLE) Senmartin is. Commissioner Carollo: Well, I guess my successor will then decide that, because I don't recognize those names. Ms. Ewan: Okay. We can just continue this item to the December agenda. Commissioner Carollo: And again, they may be great individuals; I just haven't received any information, resumes or anything. Ms. Ewan: Fair enough, Commissioner. City of Miami Page 148 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 BC.21 2129 Office of the City Clerk BC.22 1603 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Ignacio Permuy ENACTMENT NUMBER: R-17-0572 NOMINATED BY: Commissioner Wifredo (Willy) Gort MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Nicole N. Ewan (Assistant City Clerk): BC.21, Urban Development Review Board: Commissioner Gort is requesting the appointment of Ignacio Permuy. Commissioner Carollo: Move it. Commissioner Reyes: Second. Chair Hardemon: Hearing no objection, motion passes. Ms. Ewan: Thank you, Chair and Commissioners. 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 Wifredo (Willy) Gort Commissioner Frank Carollo City of Miami Page 149 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 BC.23 2859 Office of the City Clerk RESULT: NO ACTION TAKEN 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: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES City of Miami Page 150 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 BU.1 1515 Office of Management and Budget BU - BUDGET BUDGET DISCUSSION ITEM MONTHLY REPORT I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair Hardemon: Is there any other item --? Oh, first of all, we have -- we've gone through those. BU.1 is our budget item. Vice Chair Russell: Money talks. Chair Hardemon: Oh, I'm sorry. That was my fault. It wasn't the microphone. I didn't have you on. There was this gentleman here that wanted to get on the mike just before you. Someone cut the mike. Christopher Rose (Director): Good evening, Commissioners. Chris Rose, Office of Management & Budget. We're seven weeks into the fiscal year, so it's still a little early to spot trends, but we're watching. We will be bringing the first meaningful projections to the City Commission at the February meetings in 2018. Thank you for approving the end -of -year budget amendments earlier today. With those amendments, we're expecting the general fund fund balance to be 163.6 million. The 20 percent threshold required by the Financial Integrity Principles is expected to be 119.7 million, but I should point out a few thoughts. While we do meet the 20 percent, we will likely not have it in exactly the right places. Twenty percent is a rule of thumb. It's really 10 percent assigned and 10 percent unassigned. We may not meet both of those for the second year in a row. Again, 20 percent overall is okay, but we may not have it in the right places. We have a large amount of the general fund in restricted funds, which is primarily Building Department revenues, inspections, and plans review, and other items, like the Transportation Trust Fund, that are restricted. Even so, we're still right around that 10 percent and 10 percent. Also, recall that the budget, as passed for the current year, has $17.4 million of prior year fund balance to fund capital projects. So all that said, we're in a good financial position right now, but there are things on the horizon to keep an eye out for and to be cautious about. Be happy to take any questions you have at this time. Chair Hardemon: Hearing no questions, I'm going to move on. Mr. Rose: Thank you, Commissioners. Chair Hardemon: Thank you. END OF BUDGET City of Miami Page 151 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 2580 Planning, Zoning and Appeals Board REINSTATEMENT OF HEALTHCARE COVERAGE FOR PLANNING, ZONING AND APPEALS (PZAB) BOARD MEMBERS. RESULT: DISCUSSED Chair Hardemon: I don't think we need to talk -- Oh, no, no. Oh, we do. (UNINTELLIGIBLE). DI.1. Barnaby Min (Deputy City Attorney): Commissioners, if you recall, at the meeting on November -- October 12, the chairman of the Planning, Zoning & Appeals Board appeared, requesting that the health insurance be reinstated, but the Commission, as a body, was not able to discuss it. Chair Hardemon: Okay. Daniel J. Alfonso (City Manager): We have a strong recommendation, I would say, from the Administration that this not be done. Right now the cost to health insurance per employee is roughly $15,500. We have approximately 400 board members. And if we were to provide every board member with free health insurance, we could be spending another $6 million a year, so we do not recommend that this be done. We just -- I mean, if you guy -- if the Commission wants to discuss that further, I'm more than happy to do so. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: Mr. Rose did a little bit of an analysis for me. If you could just go through that briefly, because there's different levels of boards who could ask for this. Not every board might ask for this, but some of the more quasi judicial ones probably would. So I just want to know what the best- and worst -case scenario is so we're making an informed decision. Christopher Rose (Director): Yes, sir, Commissioner. Chris Rose, Office of Management & Budget. The PZAB (Planning, Zoning & Appeals Board) Board has 12 members on it -- that's 11, plus an alternate -- so 12 times the 15,000 is just short of $190,000 per year. Again, healthcare costs have been growing over time, and that's today's number. Other boards that are of note: The HEP (Historic & Environmental Preservation) Board has 10 members, so $155,000 for that one; Code Enforcement Board, 9 members, 139,000, almost 140,000. So it adds up very quickly, Commissioners. Vice Chair Russell: Thank you. Chair Hardemon: Any further discussion about it? City of Miami Page 152 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 DI.2 DISCUSSION ITEM 3270 Commissioners and Mayor DISCUSSION REGARDING UPDATES ON PROJECTS AND TRANSITION. rRESULT: DISCUSSED Chair Hardemon: DL 2. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Thank you. I just -- as I leave now, there are many projects that have not reached completion; some or a lot have not even commenced, and especially CIP (Capital Improvement Projects) projects. I want to make sure that I put for the record -- because every one of these CIP projects, there are residents behind that have made the requests. So I want to make sure that I put for the record, all the projects that are still pending, but they have been funded, and should be done, I'll say, in the future; although, they should have been done already, in my opinion. So from the -- Can you put the first --? Is it there? From the January 2016 appropriation projects -- in other words, these projects this Commission approved in January 2016 -- they still have not commenced. So I want to make sure that the residents that called my office, or that I spoke to, and requested these projects, I can assure you, I did my job, and I have consistently been requesting from CIP that these projects get started. So I want to make sure that the residents know -- and I'm going to show it. I believe these are the "B" numbers on the left. So January 2016, this Commission appropriated the funding. So projects that were appropriated in 2016 and have not commenced is "B" Number 50303, Southwest 12th Street, from 12nd Avenue to 13th Court; "B" Number 50305, Southwest 18th Street, from 12th Avenue to 13th Avenue; "B" Number 50308, Southwest 5th Avenue, from 21st and 22nd Road and 21st Road; "B" Number 50309, Southwest 9th Avenue, from 23rd Road to 22nd Road; "B" Number 50311, Southwest 12th Street, between 16th Avenue and 17th Avenue; "B" Number 50312, Southwest 17th Street, between 16th Avenue and 14th Avenue; "B" Number 50312A, Southwest 17th Street, between 16th Avenue and 17th Avenue -- I'm not sure why the "A" is there, but -- 50316, Southwest 14th Terrace, between 16th Avenue and 17th Avenue; 50319, Southwest 20th Street, between 16th Avenue and 17th Avenue; 50320, Southwest 5th Street, between 21st to 22nd Avenue; 50322, Southwest 15th Street, from 13th to 14th Avenue; "B" Number 50323, Southwest 31st Road, 2nd to 3rd Avenue; "B" Number 50324, Southwest 29th Road, between 2nd and 3rd Avenue. So for the residents that made the requests, I did my job; and believe me, I tried and pushed to get these already started. I mean, it's been more than a year. Unfortunately, the Administration wasn't able to accomplish it. To continue, November 2016 appropriations. So the City Commission -- I brought to the City Commission, and my colleagues voted with me, to approve and appropriate these projects. Unfortunately, these projects still have not commenced; and the only thing I could do is, once again, bring it up to the Administration's attention, and tell my residents, "I did my job. I funded them, and this Commission acted." Once again, the only thing I could do is the Manager -- or as the new Mayor has said, "Give me the responsibility," and I think that'll be taken up in the future. But anyways, "B" Number 173617, Southwest 3rd Street, between 14th Avenue and 15th Avenue; "B" Number 173619, Southwest 15th Road, between 3rd Avenue and 11 th Avenue; "B" Number 173619T, Southwest 15th Road, between 3rd Avenue and 11 th Avenue; "B" Number 173620, 28th Road, between 3rd Avenue City of Miami Page 153 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 and 4th Avenue; "B" Number 173621, 24th Road, between 7th Street and 9th Street; "B" Number 173622, Southwest 23rd Street, between 3rd Avenue and 14th Avenue; "B" Number 173623, Northwest 18th Avenue, between 1st Street and 3rd Street; "B" Number 173624, traffic calming circle at Southwest 14th Avenue and 13th Street; "B" Number 173624T, traffic calming circle and trees; "B" Number 173625, traffic calming circle at Southwest 16th Avenue and 13th Street; "B" Number 173626, 23rd Avenue, between 3rd Street and 4th Street; "B" Number 173627, 14th Terrace, between 16th Avenue and 17th Avenue; "B" Number 173628, Southwest 20th Street, from 14th Avenue to 15th Avenue; "B" Number 173630, Southwest 15th Street, from 12th Avenue to 14th Avenue; "B" Number 173632, 23rd Street, between 16th Avenue and 16th Court, and "B" Number 173633, Southwest 5th Avenue, between 24th Road and 25th Road. Like I said, all these projects were approved more than a year ago, and unfortunately, the Administration has not been able to get it done. However, like I said, it should get done in the future. There are other projects that are not street projects. You have Southside Park; you should have a beautiful playground. You should have had it by now. I know Hurricane Irma caused some delays, and hopefully, you'll have that by the end of the year. You'll have a beautiful playground there at Southside Park. First Avenue Park, that actually is part of the Underline. I actually began working with the Administration before the Underline even was created. It's still -- and I could have showed [sic] pictures, but it's -- it leaves a lot to desire. And listen, I don't want to end on a negative note, so I'm just going to leave it at that. I'm not going to continue, because there still are a lot of other projects that, unfortunately, did not get done. I could tell you this: It wasn't because of this Commissioner. These projects were funded. And some -- like I mentioned First Avenue Park -- actually started seven years ago; actually started before the Underline incorporated, and I would think it should be or would be or would have been the first part of the Underline, so I'm actually very disappointed. But with that said, you know, hopefully, with the new Administration, a lot of these projects will move forward, and all the street projects -- all the "B" numbers that I mentioned will get done. Mayor Francis Suarez: Mr. Chair. Thank you, Mr. Chair. Commissioner, it's been an honor working with you for eight years, sitting by your side to your right. I can tell you that assuming that your successor leaves those "B" numbers funded -- and obviously, you understand that your successor has a prerogative in terms of with the support of the Commission, deciding whether he leaves those "B" numbers funded or not, but if they are funded -- and I hope they are, because they are a testament to your work. And the truth of the matter is that, hopefully, we'll have an opportunity and I'll have an opportunity to be with you when all of those projects are completed. They would be -- they will be enjoyable days. And irrespective of everything, I will -- as long as those "B" numbers are funded, I'll continue to work with you and keep you updated on them as they progress, so that you can be a part of that, because I think you deserve to be. Commissioner Carollo: Thank you for that, Mr. Mayor. And in all fairness, it's about the residents. Mayor Suarez: Of course. Commissioner Carollo: Each one of those "B" numbers -- Mayor Suarez: Exactly. Commissioner Carollo: -- have residents -- Mayor Suarez: Of course. City of Miami Page 154 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Carollo: -- you know, that are behind it. Mayor Suarez: Absolutely. Commissioner Carollo: Residents that made those requests, residents that we visited; the staff that I spoke about actually going to the residents, visiting them, seeing what the issues were. Mayor Suarez: Of course. Commissioner Carollo: We've tracked all these "B" numbers. So, hopefully, they'll get their request, even though it might be two years after the fact that the City Commission first approved the projects. Mayor Suarez: We'll keep each and every one of them there, and we'll go one by one. Commissioner Carollo: Absolutely. Mayor Suarez: And I just want to thank this Commission for their support today, and it was a wonderful first day. I'm sure Commissioner Reyes feel similarly. It's wonderful working with you guys on this side of the dais, and I look forward to working with you guys in the future. Thank you. Chair Hardemon: That concludes that discussion item. END OF DISCUSSION ITEMS City of Miami Page 155 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 M - MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR FRANCIS SUAREZ END OF CITYWIDE ITEMS City of Miami Page 156 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 157 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 158 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE FRANK CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 159 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR MANOLO REYES END OF DISTRICT 4 ITEMS City of Miami Page 160 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 161 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 FL - FUTURE LEGISLATION FL.1 ORDINANCE 3137 Department of Finance AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTIONS OF CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS"; AMENDING SECTIONS OF CHAPTER 39 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PEDDLERS AND ITINERANT VENDORS; AMENDING CHAPTER 57 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "VEHICLES FOR HIRE"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE RESULT: NO ACTION TAKEN FL.2 ORDINANCE 3151 Department of General Services Administration AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS," TO ADD A NEW ARTICLE X ENTITLED "CITY OF MIAMI MICROWAVE PATH ORDINANCE," REQUIRING PERSONS OR ENTITIES INTENDING TO CONSTRUCT OR ERECT A BUILDING OR STRUCTURE, OR CAUSING A BUILDING OR STRUCTURE TO BE CONSTRUCTED OR ERECTED, THAT IS WITHIN FIFTY (50) FEET OF THE MICROWAVE PATH TO DO SO IN A MANNER WHICH DOES NOT INTERFERE WITH THE CITY OF MIAMI'S PUBLIC SAFETY TELECOMMUNICATIONS NETWORKS, INSTALL ANTENNAS TO AID COMMUNICATION OR PROVIDE THE APPROPRIATE FACILITIES NECESSARY TO ELIMINATE THE INTERRUPTION; PROVIDING FOR INTENT; PROVIDING REVIEW PROCEDURES; PROVIDING REMEDIES; PROVIDING FOR COMPLIANCE WITH THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 162 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 NA.1 3303 Commissioners and Mayor NA.NON-AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING AN EXTENSION OF ALCOHOL SALES THROUGH 5:00 A.M. PURSUANT TO SECTION 4-3.1 (A)(7) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "SALES," AND WAIVING THE PROHIBITIONS REGARDING NOISE FOR MIAMI ART WEEK RELATED EVENTS PURSUANT TO SECTIONS 36-4(A) AND (B) OF THE CITY CODE, ENTITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND - MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS - GENERALLY; EXEMPTION," FOR THE WYNWOOD CAFE DISTRICT AND THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT DURING MIAMI ART WEEK OCCURRING FROM DECEMBER 6, 2017 THROUGH DECEMBER 10, 2017. ENACTMENT NUMBER: R-17-0544 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Chair Hardemon: RE.12. Commissioner Carollo: RE.12 is my item; if you give me a second. Can we table RE.12 for one second? Chair Hardemon: Sure. Commissioner Carollo: (UNINTELLIGIBLE) quickly. Chair Hardemon: I have a pocket item that I'm sure everyone received a copy of. This is somewhat along the lines of Commissioner -- the Vice Chairman's actual -- few resolutions that he had. This is a resolution of the Miami City Commission granting an extension of the alcohol sales through 5 a.m., pursuant to Section 4- 3.1(A) (7) of the Code of City of the Miami, as amended, City Code, entitled "Sales," and issuing a noise waiver for Miami Art Week Related Events, pursuant to Section 36-4(A) and (B) of the City Code, entitled "Operation of Ratios, Phonographs, and Other Sound -Making Devices; Bands, Orchestras and Musicians generally; exemption," for the Wynwood Cafe District during Art Week, occurring from December 6, 2017 through December 10, 2017. The first part, the (UNINTELLIGIBLE) -- is the title correct for the alcohol? Because it doesn't say "and." It doesn't say, "and " Victoria Mendez (City Attorney): Apparently, the time is correct, because they're only allowed to sell alcohol right now till 3. Chair Hardemon: Okay. So the title is correct, the way that I read it? City of Miami Page 163 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 NA.2 3311 Office of the City Clerk Ms. Mendez: As read, yes. Chair Hardemon: Okay. All right, so everyone understands what this is, this is the Miami Art Week. Around the time of Art Basel, our community is bustling with different types of events, so I'm asking that we utilize this ordinance to assist with the events that are going on at that time. So I would love to have a motion to approve this item. Commissioner Carollo: Move it. Commissioner Reyes: Second. Chair Hardemon: Been properly moved; seconded by Commissioner Reyes. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. DISCUSSION ITEM THE MIAMI CITY COMMISSION THANKED COMMISSIONER CAROLLO FOR HIS SERVICE TO THE CITY OF MIAMI AND WISHED HIM ALL THE BEST IN HIS FUTURE ENDEAVORS. RESULT: DISCUSSED Chair Hardemon: And there's no other item on the agenda. The only thing I know that the City Attorney has to do is read some things into the record, but before we get to that, I'm sure all of us, at least that are here, want to give this man a standing ovation for the time he's spent serving (UNINTELLIGIBLE). (Applause) Chair Hardemon: Commissioner Carollo will fight all the way to the end; to the end, baby, to the end. So, I mean -- Commissioner Carollo: Thank you. Chair Hardemon: -- you know, we -- Commissioner Carollo: Thank you. Chair Hardemon: -- we're not going to -- I don't think everyone's going to give a whole bunch of long speeches, but, you know, I certainly appreciate who you are and how you fight. Like I say, to the very, very end; and last day, 9:31, he says, "Look, I'm going to read this list of all the things that I want done," but that's a testament to how particular you are about getting things done, and so there's -- And Commissioner Reyes, you're going to see that there's something about every man and woman that sat here that you can pull from and learn from. Commissioner Reyes: Yep. Chair Hardemon: And I watched people change. I remember that first meeting when Commissioner Russell was up here, and there was a vote that he was trying to City of Miami Page 164 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 get pushed -- No. I think he was fighting me on one of my things, and the next vote, I looked at him; I said, "See? See what happens?" Because, literally, in that moment, he could have lost his vote, but I voted for him, and we passed it. And it was just a learning opportunity. And then to see today how you conduct yourself. It's because of how we all interact up here. Mayor Francis Suarez: Right. Chair Hardemon: And so, when I came here, you were here, and I've watched everything from the penalty box. Remember? We created the penalty box and put it up there. We have fun and I -- but we learn at the same time. So I think your spirit is going to be forever felt on this dais. And so, I just appreciate all that you've done here. Mayor Suarez: And Mr. Chair, if I may? Chair Hardemon: Please. Mayor Suarez: We all respected each other. We were all kind to each other. Sometimes we disagreed, but we did it in a respectful, professional manner, and we all upheld the civility oath -- Chair Hardemon: Yes. Mayor Suarez: -- I feel. Commissioner Carollo: Yes. Mayor Suarez: -- and I thank you for that. I thank you for that; I really do. Commissioner Carollo: And if I may really quick, I just want to say something that has helped me quite a bit here, it's called "The Serenity Prayer," and it says, "God grant me serenity to accept the things that I cannot change." And that's why I've never took anything personal. "Courage to change the things that I can, and wisdom to know the difference." Believe me, I have lived by those words here on the dais. So thank you. I truly enjoyed my time here. I really did. Mayor Suarez: Thank you. (Applause) City of Miami Page 165 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 NA.3 3312 Office of the City Clerk ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE DECEMBER 14, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-02997 CA 09, 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, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, MANOLO REYES, AND THE DISTRICT 3 COMMISSIONER; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ-RIVAS; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND FORREST L. ANDREWS. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Chair Hardemon: You all can leave. We'll just read it into the record. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Mr. Chairman and members of the City Commission, pursuant to the provisions of Section 286.011(8), Florida Statutes, the City Attorney's requesting at the City Commission meeting of December 14, 2017, an attorney -client session, closed to the public, be held for the purpose of discussing the pending litigation in the case of Village of Key Biscayne versus City of Miami, Case Number 15-02997-CA-09, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a party. Subject of the meeting will be confined to settlement negotiations and strategy sessions related to litigation expenditures. This private meeting will begin at approximately 3 p.m., or as soon thereafter, as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell, Commissioners Wifredo "Willy" Gort, Manolo Reyes, and the District 3 Commissioner; the City Manager, City of Miami Page 166 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 NA.4 3313 Office of the City Clerk Daniel Alfonso; City Attorney Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for Land Use and Transactions Rafael Suarez Rivas, and Assistant City Attorneys Kerri McNulty and Forrest Andrews. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney -client session, the City Commission meeting will be reopened, and the person chairing the City Commission meeting will announce the termination of the attorney -client session. ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE DECEMBER 14, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF 346 NW 29TH STREET, LLC ET AL., V. CITY OF MIAMI, ET AL., CASE NO. 13-037260 CA 01, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY 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, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, MANOLO REYES, AND THE DISTRICT 3 COMMISSIONER; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; SENIOR ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD; AND ASSISTANT CITY ATTORNEY KERRI L. MCNULTY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Barnaby Min (Deputy City Attorney): Pursuant to the provisions of Section 286.011(8), Florida Statutes, the City Attorney is requesting at the City Commission meeting of December 14, 2017, an attorney -client session, closed to the public, be held for the purpose of discussing the pending litigation in the case of 346 Northwest 29th Street, LLC (Limited Liability Company), et al., versus City of Miami, et al., City of Miami Page 167 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Case Number 13-037260-CA-01, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will begin at approximately 3 p.m., or as soon thereafter, as the Commissioners ' schedules permit, and conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell, Commissioners Wifredo "Willy" Gort, Manolo Reyes, and the District 3 Commissioner; the City Manager, Daniel Alfonso; City Attorney Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for General Litigation Christopher Green; Senior Assistant City Attorney Henry Hunnefeld; and Assistant City Attorney Kerri McNulty. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney -client session, the City Commission meeting will be reopened, and the person chairing the City Commission meeting will announce the termination of the attorney -client session. City of Miami Page 168 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 NA.5 3314 Office of the City Clerk ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE DECEMBER 14, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF HEADLEY V. CITY OF MIAMI, PERC CASE NO.CR-2017-001, PENDING BEFORE THE PUBLIC EMPLOYEES RELATIONS COMMISSION (PERC), 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, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, MANOLO REYES, AND THE DISTRICT 3 COMMISSIONER; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LABOR AND EMPLOYMENT KEVIN R. JONES; ASSISTANT CITY ATTORNEYS STEPHANIE K. PANOFF, KERRI L. MCNULTY AND BARBARA DIAZ; LUKE SAVAGE, ESQ.; AND MICHAEL MATTIMORE, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, 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 Barnaby Min (Deputy City Attorney): Pursuant to the provisions of Section 286.011(8), Florida Statutes, the City Attorney is requesting at the City Commission meeting of December 14, 2017, an attorney -client session, closed to the public, be held for the purpose of discussing the pending litigation in the case of Hadley versus City of Miami, per Case Number CR-2017-001, pending before the Public Employee Relations Commission, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will begin at approximately 3 p.m., or 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, which include Chairman Keon Hardemon, Vice Chairman Ken Russell, Commissioners Wifredo "Willy" Gort, Manolo Reyes, and District 3 City of Miami Page 169 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 ADJOURNMENT Commissioner; the City Manager, Daniel Alfonso; City Attorney Victoria Mendez; Deputy City Attorneys John Greco, Barnaby Min; Division Chief for Labor and Employment Kevin Jones; Assistant City Attorneys Stephanie Panoff, Kerri McNulty, and Barbara Diaz; Luke Savage, Esquire, and Michael Mattimore, Esquire. A certified court reporter will be present to ensure the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney -client session, the Commission meeting will reopen, and the person chairing the City Commission meeting will announce the termination of the attorney -client session. Thank you, Mr. Chairman. Chair Hardemon: That's it? Commissioner Carollo: Meeting adjourned? Chair Hardemon: Meeting adjourned. The meeting adjourned at 9: 37 p.m. City of Miami Page 170 Printed on 1/4/2018