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HomeMy WebLinkAboutCC 2018-09-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 13, 2018 9:00 AM Regular City Hall City Commission Francis Suarez, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes September 13, 2018 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Reyes. On the 13th day of September 2018, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 9:08 a.m., recessed at 12: 08 p.m., reconvened at 2:32 p.m., and adjourned at 6:25 p.m. Note for the Record: Vice Chair Russell entered the Commission chambers at 9:10 a.m., and Commissioner Carollo entered the Commission chambers at 9:41 a.m. ALSO PRESENT: Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the September 13 meeting of the Miami City Commission in these historic chambers. The members of the City Commission are Wifredo Gort, Joe Carollo, Manolo Reyes; Ken Russell, the Vice Chair; and me, Keon Hardemon, the Chairman. Also on the dais are Emilio T. Gonzalez, our City Manager; Victoria Mendez, our City Attorney; and Todd Hannon, our City Clerk. The meeting will be opened with a prayer by Commissioner Gort, and Commissioner Reyes will lead us in the pledge of allegiance. All rise, please. Invocation and pledge of allegiance delivered. PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 4767 Honoree Presenter Protocol Item Constitution and Citizenship Day Commissioner Russell & Mayor Suarez Proclamation EKG Screening Initiative Mayor Suarez Certificates of Appreciation (22) RESULT: PRESENTED 1) Mayor Suarez presented Certificates of Appreciation and recognized, honored and expressed gratitude to the participants of the EKG Screening Initiative. The varticivants played a prominent role in coordinating Electrocardiography (EKG) screenings at five (5) City of Miami parks which positively affected the lives of the community's future. Elected Officials paused in their deliberations of governance to pay tribute to the participants for their critical contributions to the health and wellness of the youth of the City of Miami. City of Miami Page 1 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 2) Mayor Suarez and Vice Chair Russell presented a Proclamation in celebration of Constitution and Citizenship Day and to bring awareness to the City of Miami residents who have obtained United States citizenship; a milestone for immigrant civic integration, engagement, and full participation in communities where immigrants live, work, and raise their families. Constitution and Citizenship Day commemorates the adoption of the U.S. Constitution and recognizes all who have attained the status of American citizenship. Constitution and Citizenship Day highlights the value of citizenship and its significance to the democratic vitality of our society. The City of Miami recognized Florida Immigrant Coalition (FLIC), Catholic Legal Services (CLS), Center for Immigrant Advancement (CIMA USA), Hispanic Unity, Florida Asian Services Center (FASC), The Immigrant Partnership and Coalition Fund (IMPAC), the Office of New Americans (ONA), and the NALEO Educational Fund for their role in promoting citizenship and supporting those seeking to attain naturalization. Elected Officials paused in their deliberations of governance to proclaim September 13, 2018 a "Constitution and Citizenship Day" in the City of Miami. Chair Hardemon: We will now make presentations and proclamations. Presentations and proclamations made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Regular Meeting - Jun 14, 2018 9:00 AM ORDER OF THE DAY MOTION TO: Approve RESULT: APPROVED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: Is there a motion to approve the June 14, 2018 City Commission meeting minutes? Vice Chair Russell: I'll move it. Chair Hardemon: It's been properly moved; seconded by the Chair. All in favor, say "aye. The Commission (Collectively): Aye. Chair Hardemon: That motion is approved. Chair Hardemon: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you, Chairman. Good morning. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with related City requirements for lobbyists before appearing City of Miami Page 2 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online on wwwmunicode.com [sic]. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate 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. corn [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. corn [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 may first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. 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. corn [sic]. No cell phones or other noise -making devices are permitted in Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the 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 either being withdrawn, deferred, or substituted. Thank you. Emilio T. Gonzalez (City Manager): Good morning, Mr. Chairman, Mr. Vice Chairman -- Vice Chair Russell: Good morning. Mr. Gonzalez: -- Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: Regular Item CA.2, to be deferred by the Chairman; PH.1, to be deferred by the Chairman; PH.3, deferred to the September 27 meeting. Chair Hardemon: Can you do me a favor? Mr. Gonzalez: Sir? Chair Hardemon: Say the action first, and then -- wait, one second. Yeah, say the action first, and then the item. And can you start over for me? Mr. Gonzalez: I'm sorry. Chair Hardemon: The action first, like deferral, withdrawn, continued -- City of Miami Page 3 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Mr. Gonzalez: Yes, sir. Chair Hardemon: -- and then the item. Mr. Gonzalez: To be deferred by the Chairman, CA.2, PH 1; to be deferred to the September 27 meeting, PH 3 and RE.8. Todd B. Hannon (City Clerk): And Chair, for the record, for CA.2 and PH1, if I could have the date that those items will be deferred to. Chair Hardemon: CA.2, two meetings out. Mr. Hannon: Sir, then that will be November 15. Is that acceptable? Chair Hardemon: That's fine. It's the same thing for PH 1. Mr. Hannon: Understood; November 15, PH 1. Chair Hardemon: Are there any other items that need to be withdrawn, deferred, continued? Mr. Gonzalez: No. That's all have, sir. Chair Hardemon: Is there a motion to -- Vice Chair Russell: Excuse me, just a moment. Commissioner Gort: Move it. Chair Hardemon: It's been properly moved; seconded by -- Vice Chair Russell: Do we have public comment (UNINTELLIGIBLE)? Chair Hardemon: Not on deferral. -- been properly moved and seconded on the deferral. All in favor, say "aye." Samuel Dubbin: Mr. Chairman -- Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. Yes, sir. Mr. Dubbin: There are a couple of dozen members of the public here, who reside in downtown Miami, who appeared because the Ultra item was noticed on the Commission agenda for the second time. It was deferred previously in July; evidently, because Ultra didn't have the votes to prevail. So now it's been noticed again. It's been discussed in the public. I'd like the people who came from downtown Miami to speak on the Ultra item to please stand up. The community opposes a deferral, Mr. Chairman. And if that issue is to be considered, the public has a right to address the issue of deferral. These people have made arrangements to have a day off of work, childcare, and taken considerable personal expense and effort to come down here to talk about a matter of public importance, which was noticed, and which has been extensively discussed, you know, by the participants, by Ultra, and by the members of the community and members of the Commission, who have looked at all of these issues. City of Miami Page 4 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: Right. Mr. Dubbin: So I respectfully request that on the issue of deferral, the members of the public who have come have a right to address that, because today is the day that everyone's been noticed that this issue was corning up for a vote, and it should be -- it should happen. And I respectfully also urge that the City Rule Section 2-33(c)(2) certainly allow discussion of -- by the public of this issue, because it's a matter that has been agenda'd [sic]. In the Miami -Dade County Citizens Bill of Rights, Section A(5), under The Right to be Heard, allows members of the public to have the right to speak to any matter within the municipal government's jurisdiction. This is within the jurisdiction, so whether it's substantive, non -substantive, corning up today or not, members of the public are here. I also want to introduce Mr. Bennett Brooks of Brooks Acoustical [sic]. He's come down here from North Broward County. He is the expert who was at the 50 Biscayne Building on -- at the last Ultra Festival in March of 2018. He took sound recordings, which has been made a part of this record previously, but we're going to put it in the record again, and he is here to testify personally about the nuisance, the seriously harmful noise levels that are inflicted by Ultra on the members of the residential community. So -- and he's come a long way, and I think it would be important for this Commission to understand from him, who's the expert, exactly what the consequences are of this festival on the local residents. Chair Hardemon: Thank you. Mr. Dubbin: So we respectfully request the opportunity to speak. And I guess, Mr. Clerk, if -- I have the items that I wanted to put in the record. If this is the time for me to do it, I would like to do that, as well. Chair Hardemon: You can still put those into the record. I want to say to you I appreciate your recitation of the Citizens Bill of Rights, our governing documents right here in the City of Miami, and particularly, the State statutes. But I will tell you that when it comes to a motion for continuance, the members of the public do not have a right to argue a motion for or against a motion for continuance. However, what they do have a right to do is speak on any issue that's being voted upon by this body. Today that issue is not being voted upon. They will have an issue to speak to this body regarding the facts, regarding -- whatever personal statements they wish to make regarding this item; just today is not that day. So we have a very full agenda. That item has been continued; and so, what we're going to do is continue to move on with our agenda, and then hear from members of the public when this item comes about. That item, which is -- what is it? -- CA (consent agenda) -- oh, it's a PH (public hearing). Unidentified Speaker: It's a PH item. Commissioner Gort: PH.3. Chair Hardemon: PH.3. So PH 3 is not an item that's going to be -- it's not -- the effect of that item cannot be come to without a resolution from this body; and so, the members of the public will have an opportunity to weigh in on that. Vice Chair Russell: Mr. Chairman. Mr. Dubbin: Mr. -- Chair Hardemon: Yes. City of Miami Page 5 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Vice Chair Russell: Absolute due respect, I would like to discuss the process, because I did believe that it is our practice as a body to take public comment on all actions, including the action of deferral -- Chair Hardemon: No. Vice Chair Russell: -- as long as the substance is not gotten into by the public speaker, but the -- Chair Hardemon: No, no, no. Vice Chair Russell: -- action of deferral, because I would like to hear what the residents have come to say. These are all folks from my district, and I know that they organized on their own to be here, because it was never mentioned that this would be deferred. I think it all ties together with everything from the Bayfront Park Trust budget that we're receiving today, our budget that we're enacting today. And, I mean, I was okay with a deferral, but it -- on -- you know, if I could go back a few minutes, which I can't, but I would really -- I don't think that we should be voting on this issue before the Bayfront Park Trust itself weighs in on the issue, because the Bayfront -- the Ultra event is one giant contract in a sea of other contracts that the Bayfront Park Trust holds; and so, for us to make a decision on that one contract without understanding how the Trust is choreographing all of those events -- we're in the dark, and our residents can be the ones that are left in the end showing -- holding the short stick. So, you know, I was ready to vote actually "no" on this item today. The fact that it's being deferred gives it another breath to get to the next meeting. But these folks won't be able to mobilize every month that we defer this to come back. You know, I respectfully ask that we hear from our -- hear from the residents on this issue. Chair Hardemon: I think that there'll be enough residents of the downtown area here to discuss this issue next time this issue is heard, and I'm not going to hear hours' worth of testimony from anyone over the issue that I'm not going to be voting on. So if we're going to hear this testimony, then we're voting on this item, and that's the only way that see it. Mr. Dubbin: Well, the -- Chair Hardemon: (UNINTELLIGIBLE). Commissioner Reyes: I really understand what they're -- I mean, all the trouble that they came through -- I mean, went through to be here, but we are not voting on this item. But I know what you are -- I mean, I met with you guys and we talked about this, and I heard all your concerns. But I side with the Chair; that we are not voting now on this item, because we already -- there's no way that we can vote on this item. And I also -- I believe also that our Vice Chair has a great point on it, that we have to also be notified what is the intentions of the Bayfront Park Board. I mean, what's its intention? But maybe we can find some sort of happy medium here. I don't think that we will have the time to listen and hear all of you. And Mr. Chair, can we just let them pick a couple of speakers and make your point, and make us aware of all of your concerns is. And one of your concerns, which I spoke with you guys when you met with me was about the amount of decibels that should be allowed, the hours of operation, et cetera, et cetera, which I was going -- I was ready to address today, but we can have just a prelude of what is going to be the next meeting. But I agree with the Chair that since we are not voting on this item that we wouldn't have to listen -- hear all of your comments. You know, some of the comments, I agree that if the Chair agrees to it. Commissioner Gort: So -- City of Miami Page 6 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: So I don't -- Commissioner Gort: -- let me give you a suggestion. They can address during the public hearing. They can address the reason why it should not be deferred -- Chair Hardemon: The -- Commissioner Gort: -- without going into the issue, because they need to understand if you go into the issues here and we don't listen to the opposition, we can be -- end up in court. You all know that, so we don't want to do that. But maybe we can give them the opportunity -- I mean, I'm not a lawyer, but maybe we can give them the opportunity to address why it shouldn't be deferred. Chair Hardemon: I'm certainly willing to -- Look, this is about a continuance. I want you to -- I want this to be very clear. Commissioner Reyes: That's right. Chair Hardemon: This is about a continuance. This is not about anything substantive within that item. So if you have somebody -- and you've already stated very clearly on the record, and you've spent this -- we've spent 10 minutes on this already, regarding why there should not be a continuance. I don't necessarily see why a layperson has to weigh in on whether or not there needs to be a continuance when you represented them very well in saying that you need a continuance on this item. And so, I just -- it just -- it does not make any sense to me as to why we should allow other people besides yourself who you represented this group, to say why there should not be a continuance. Mr. Dubbin: I'll give you one example. Mr. Russ -- Commissioner Russell, who represents my constituents and who I have a good working relationship with, he suggested a proposition that the fiscal impact to this is a key element of the vote. From the standpoint of the residents, that has nothing to do with the vote. This is a -- it's an illegal -- Chair Hardemon: That's not true. Mr. Dubbin: -- conveyance of public land for a private use, which causes -- which will cause a nuisance on the people who live downtown, and impose the cost, supposedly, of a big, you know, advertising campaign for the City on them. Chair Hardemon: But this won't happen unless we address the item, and right now, we're not addressing the item. Mr. Dubbin: Could I suggest a possible response to what Commissioner Reyes was saying, which is it will be a public comment period? There are people here who've come a long way. They may not be able to come to the next meeting. The rules certainly allow the Commission to hear testimony; doesn't necessarily occur at the same meeting at which the Commission will take official action. Chair Hardemon: Now, so what that means -- and I'll be very clear what that means - - it means exactly what we're doing right now. It's -- the statement that you just read basically says that if we're taking action on an item that the members of the public don't have the right to speak on that item on the day that the action is being taken. What it says is that it can -- the people can speak about the item on any day prior to that action item being taken, as long as they have the opportunity to speak on that item. So, for instance, everyone who came here today, if they came and they spoke on the record and I said to them, "Thank you for being here. You spoke on the record, City of Miami Page 7 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 and the next time this item is called up, you will not be allowed to speak on the public item on that record, on that item, because the public comment is closed," we can do that. That's exactly what that means. So in the City of Miami, we allow you ample time to speak. We allow people to speak during PZAB (Planning, Zoning and Appeals Board). We allow people to speak during other board meetings. We allow people to speak on first reading and on second reading. And so -- and we don't have to give you that many times to speak. And so, basically, here, you're going to have an opportunity to speak. We always allow -- for the most part, we always allow people -- every time an item comes up, if we vote on that item, you get -- you have the opportunity to speak. But today we're not voting on that item. Mr. Dubbin: May I confer with my client before you -- Chair Hardemon: Absolutely. Mr. Dubbin: -- rule, sir? Vice Chair Russell: Mr. Chairman? Chair Hardemon: Yes. Vice Chair Russell: I do understand your urge to save time on a very busy day, but considering this, I would move that we reconsider taking up Item PH.3 today. (Applause) Chair Hardemon: That means stop clapping, stop making noise. I'll be very clear with you. It's not about the issue; it's not about who you are. It's all about efficiency and respect in these chambers. In these chambers, as the City Attorney read earlier, we do not allow any clapping. I understand that you may be in favor of one person statement; someone may be in favor of another. And you have one side that's clapping and you have another side that's clapping, and what it causes us is further delay. So you've already caused enough delay, because you're not following the procedures that are normally followed during this time period. So causing further delay and having to explain this to you is not good for us to move forward, okay? So I want you to understand that, because any sort of delaying of the procedures that are being followed here or acts that are loud, et cetera, I don't care if they're clapping, cheer, joy, tears, crying, you can be removed from the chambers. So I -- no one wants to do that. We just want to follow the procedures that we've established. A motion has been made. Is there a second to that motion? Vice Chair Russell: And if I could, Mr. Chairman? In order to hopefully encourage a second to the motion, my goal is actually to vote this down so it can be sent to the Bayfi^ont Park Trust for them to review as a contract in context of all the other events at Bayfi^ont Park Trust, and then brought back to us as a Commission once it has been vetted by the body that actually manages those events. So my goal would be to hear this today, "vote" no on it rather than deferring, let the Bayfi^ont Park Trust take it up, and then it comes back to us, as it always has in years past. Chair Hardemon: It's been properly moved to reconsider. Is there a second? Seeing no second, motion dies for lack of a second. Mr. Dubbin: As far as seeing whether there are any people here who want to address the deferral, as had been suggested, let me ask for a show of hands from the "Save Bayfront Park Group," who will be -- Is there anyone here who wants to talk about -- address the question of deferral? City of Miami Page 8 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Victoria Mendez (City Attorney): Mr. Dubbins [sicJ? Mr. Dubbin: Yes. Ms. Mendez: Unfortunately, a deferral is a procedural matter. The Chair has already spoken on this matter. You know the Florida Statute allows that all these people will have the opportunity to speak when this item is taken up. Mr. Dubbin: I thought I understood one of the Commissioners to suggest a compromise where some members here could address the question of the deferral and that's -- Ms. Mendez: There wasn't a second to the motion. Mr. Dubbin: I -- again, I didn't hear it as a motion as -- other than a conversation where the public is trying to be heard, so -- Chair Hardemon: I think we've been more than fair in allowing you an opportunity to plead your case. Maybe things will change when you -- when another Commissioner comes to the dais. It looks like Commissioner Carollo is going to come, so maybe if they sit tight, it may be a change in thought about all of this, okay? Mr. Dubbin: Okay. Well, I suggest everyone stay for the time being. Commissioner Gort: Sure. Chair Hardemon: Thank you. Vice Chair Russell: And public comment -- I'm sorry. Mr. Chairman? Chair Hardemon: Yes. Vice Chair Russell: Public comment obviously is allowed on both budgets that are being considered today, but that's at 5? Chair Hardemon: At 5. Vice Chair Russell: That's at 5 p.m. Chair Hardemon: Would everyone please have a seat. Well, here you can try. Vice Chair Russell: Good morning, Commissioner. Chair Hardemon: Try. Vice Chair Russell: Your ears were burning. Commissioner Carollo: Well, I wasn't going to let you all discuss this without me. Mr. Dubbin: Thank you. Chair Hardemon: You want further --? Good morning. Right now, the -- CA.2, PH 1, PH. 3, and RE.8 were deferred. There was a motion that died for lack of second to reconsider Item PH.3, which is the bid waiver for Ultra Music Festival. There was an attempt to have people speak against the continuance, and then the Commissioner of the second district wished to vote on the actual item today, so he moved to reconsider, but it died for lack of a second. And so, what I -- the comment that I made City of Miami Page 9 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 was that if -- that we had another Commissioner conning, maybe he can get a second from you about voting on the matter today, and that's where we are today. Commissioner Carollo: Okay. Vice Chair Russell: And Commissioner, the reasoning for my request to vote on this today was actually to vote it down so it could be sent to the Bayfront Park Trust, where I believe it can be vetted appropriately in context of all the events that are put together, and then brought back to this Commission. In effect, it would be the same as a deferral, but it would give more -- Commissioner Carollo: Commissioner, let me be very to the point. You fried to do away with the Bayfront Park Trust. After the attorney from Ultra came to you and all the minutes that they were transcribing at the time, she saw that I made a statement that the Commission could do this. So she put the idea in your head so you could have it in your back pocket, and this is why I brought the Ultra item up. This should be decided here. I will gladly -- and I'll say this on the record -- follow through on whatever the will of the Commission is. But this should be decided here. I don't want this back and forth thrown. Let's find out what the will of this Commission is on the item. Now, Mr. Manager, who asked for this to be deferred? Mr. Gonzalez: Sir, I received a -- an email yesterday, late afternoon, from a Mr. Albert Berdellans, who is representing Ultra Music Festival. I can read the email -- it's very short -- if you'd like me to. Commissioner Carollo: I think it would be appropriate if you put it in the record -- Mr. Gonzalez: Yes, sir. Commissioner Carollo: -- Mr. Manager. Mr. Gonzalez: It says: "Dear Mr. Gonzalez: On behalf of the Ultra Music Festival organizers, I respectfully request that Item PH.3 of the September 13 City Commission agenda be deferred to the September 27, 2018 agenda. Thank you for your prompt consideration in this matter. Albert Berdellans, Ultra Music Festival, Ultra Worldwide." That was it, sir. Commissioner Carollo: Okay. Now you -- Commissioner Gort: But it wasn't the Commission that requested it? Mr. Gonzalez: Sir? Commissioner Gort: It was not the Commission that requested it? Commissioner Carollo: No. Commissioner Gort: Okay. Commissioner Carollo: I didn't request it. Commissioner Gort: Make a motion. Commissioner Carollo: You also told me, Mr. Manager, that the main elements that had been worked out on the Trust for a contract to be voted on -- not that anyone was going to vote on it or against it -- but the elements all of a sudden were changed; that they wanted to pay some 250,000 more only. Now, based on all that, I'm going to say City of Miami Page 10 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 this to my colleagues; I will say this to the public that's here: I would be inclined to give that deferral one time. I'm going to sit with you, Mr. Manager, the Trust director and the City Attorney that represents the Trust also, and I'm going to make sure that the elements that we put in there -- that was $2 million, a lot of guarantees, including guarantees not like it's been in the past for the noise level, like there has to be -- in case this Commission wants to vote for it are going to be put in that contract. Mr. Gonzalez: Yes, sir. Commissioner Carollo: Obviously, the Commission could take everything away from the contract and start anew, but at least from the Trust side, they're going to get something that's businesslike; not the kind of contracts that Ultra got in the past. And by the way, in the past, the five years that they've had recently, every one of those years was done against our Code, because it was never brought for this Commission, like I'm doing now, to approve, so that tells you a lot of what happened during those years. So -- Mr. Gonzalez: Sir, the attorney and I will be happy to sit with you and discuss this. Commissioner Carollo: Okay. So that's my position, but it's up to this body to decide how they want to deal with it. Chair Hardemon: Right now, the item is being deferred, so. Vice Chair Russell: I would like to hear it today, but it did not get a second, so, Commissioner Carollo, it's up to you. Commissioner Carollo: Commissioner Russell, I think I was very clear. I am not going to second it, because what I am not going to let happen -- that we play the game, that you send it back; so then, whichever way it goes, you play "got you," and then you want to come back here and blame us, so you could dissolve the Trust. Let this body decide what it wants to do. The one thing that I will tell you and tell everyone here, I am working very diligently so that for this corning fiscal year, we either bring this year, or have contracts that will bring in some $10 million to the Bayfront Park, Museum Park Trust that does not include these music festivals; that will be more than sufficient for us to run the operations there. And anything that's left over -- and there'll be quite a few millions of dollars left over -- will come back to the City of Miami coffers, like it should. And for the record, that's why we sent $3 million from the Trust to the City of Miami general fund this year, because there was money way beyond what we needed. Even we didn't include Ultra in balancing our books for this corning fiscal year, and we're still going to be able to balance it. And for next year, we're going to be able to bring more dollars to the City of Miami. And this is not something that I just came up with. This is something that I will -- always believed in; this is why, when I was Mayor, for the first time in the City's history, the Off -Street Parking Authority was forced to give all its additional revenue to the City's general fund, and this is why we've been able to balance our books with that money that's been corning, additional money from the Off -Street Parking Authority, throughout all these years. I firmly believe in that; that whether it's Off -Street Parking, whether it's Bayfront, Museum Park Trust and other trusts, these are properties that -- and entities that belong to the residents of Miami; therefore, any surplus funds should come to the general fund. They should not be left there so whoever is the chairman of the board at the time, from time to time, could play king and use all that money to throw away, and spend on who knows what, so I will not second it for those reasons, Commissioner. Vice Chair Russell: All right. Well, I don't want to get in a fight with you, but it seems that's exactly what's happening; that that trust is not -- that park is not a City of Miami Page 11 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 financial generator for the rest of the City. It is an amenity to the City as a park. And these residents are here, because they're concerned. They're concerned that we're voting on Ultra in a silo, and there are so many other events. They're concerned that the funds are being swept out of the Bayfront Park Trust, and the reasons aren't clear to them. So they're here to speak. They're here to oppose Ultra. And whether we send it back to the Trust or not, that's why I wanted to reconsider it, because -- Commissioner Carollo: Well -- Vice Chair Russell: -- but it -- I'll just leave it at that. I understand there's no second, and we will move on. Commissioner Carollo: Commissioner, I firmly believe that that park needs to be kept open year-round. These are not my voters, but you know what? I have a responsibility to them, too, and this is why I've been listening to them. I am one that do not feel that this park should be kept closed two months out of the year, 45 days out of the year, 30 days out of the year. That park should be kept open all the time for the residents. And the kind of activities that we have there that can generate money, that can generate millions of dollars between both parks, Bayfront and Museum, can be activities that people can enjoy that are not going to create noise, disturbance to the community, and are going to be shut down in appropriate times. So please do not try to make my statements appear to be something else. The kind of activities that I am looking to bring to the Trust are activities that I am sure none of the neighbors that live in that area, none of the commercial retail places are going to have any problems with. Their problem is that they have been having concerts until all hours of the night. And, look, there's a big difference when you have concerts, that they might have salsa at one time, then they have jazz the next; still loud, it's still going to bother you, but this is not the same thing as everything you hear for four days -- because I'm including the practice day -- is "tun, tun, tun, tun." I mean, you try that for an hour, and you'll be hitting yourself against the wall with your head. You'll go batty. I mean, frankly, when I went there on that one Sunday, we measured with what we had, an app that one of my staffers had to measure sound, and what we got was exactly what they came back with, with the experts that they had, that had put the professional gear there. And I was there -- I don't know -- an hour and a half, two hours, and by the time I left there, I had a headache already from, you know, that "tun, tun, tun." You know, you can't sleep, you can't do anything. The only thing you could do is shut your place down and leave until that's over. So I understand how they feel. And even though they don't vote for me, I have a responsibility to them, because just because we're elected to a district doesn't mean that -- Commissioner Reyes: That's it. Commissioner Carollo: -- we don't represent all of the City, and we do have a responsibility to all of the City. Commissioner Reyes: That's right. Commissioner Carollo: And I try to make my decisions based on that. Vice Chair Russell: It sounds like we agree. Let's take it up and vote it down, then. Commissioner Carollo: Commissioner, before we get into that, there's three others here. I don't know if you and I might be the only two in this; maybe not, maybe; that's why I want to make sure that whatever comes before us here it's -- at least has the best face on it. Right now, from what I'm seeing, this was rewritten by Ultra. Chair Hardemon: Is there -- is --? City of Miami Page 12 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Reyes: Commissioner -- Chair Hardemon: Yes. Commissioner Reyes: -- Carollo, I'm going to request that when you sit down and you start working on the contract and how much you're going to -- and the conditions -- I want you to stress the -- I mean, limit the decibels that it can be. Commissioner Carollo: Well, we had that -- Commissioner Reyes: And also, we have -- I will suggest -- I also want you to do this, take this into consideration, the hours of operation, and it shouldn't be past 10 at night, and under no circumstances should go beyond that, and I don't -- we start -- let's start there and let's start lowering the noise, and let's see how we can find some other place that they can go, or maybe we can start phasing them out. Commissioner Carollo: Commissioner, these are all the items that we had there. Commissioner Reyes: Thank you so much. Commissioner Carollo: They seem to have disappeared; a lot of them have, and others, I don't know. So I want to make sure, also, that before that final contract comes up, the residents can have additional input on it. So I'm ready to start with the Manager, the Executive Director of the Trust, and the City Attorney's Office right tomorrow, and we could finalize this from our end by Monday, because we really had it finished before. And then, we could send the residents a copy; we could send Bayside a copy; we could send Ultra a copy. Chair Hardemon: Okay. Mr. Dubbin: Could the -- could a representative of the Downtown Neighbors Association participate in the negotiations since the downtown residents are a real party in interest to the entire event? Commissioner Carollo: I -- let me say this: I have no problem from any input from the residents, because I think you're the ones that have been suffering for years, and you're the ones that have more right than anybody to give input. What I'd like to do is, the minute that we finalize this, give it to you, then you come back and give us input, and then I'll offer Ultra -- they could take it or they could leave it -- one more meeting between a group of the residents and them to try to iron out -- I'm sure there are going to be difference. I -- there are some that, you know, I just don't see how they could be ironed out. But that I would do, and then we'll bring it up here. But we basically have a short window between now and the next meeting. That contract, really, from our side, we had the bulk of it done. From their side, it kept being changed. So you'll have that opportunity. I mean, before we bring it up again, you'll be able to give us input. And after you give us input, we'll set up a meeting that could be between the residents; if you want, it could be with the Executive Director, myself, and the City Attorneys Office, and I think the Manager's Office should participate. And then, from there, we could have one final meeting with Ultra before it comes here; the 23rd, right? The next meeting? Mr. Gonzalez: 27th. Commissioner Carollo: 27th. Okay. Commissioner Gort: Yeah. City of Miami Page 13 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Mr. Dubbin: Thankyou, Chair. Commissioner Carollo: Sure. Mr. Dubbin: Thankyou, Commissioner. Chair Hardemon: You're very welcome, sir. Mr. Dubbin: Thankyou, Mr. Chairman. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Commissioner Gort: Open the public hearing. Vice Chair Russell: Thank you, Commissioner. We will now open for public comments on the morning's agenda. This is any of the CA (consent agenda) items, the PH (public hearing) items, the SR (second reading) and FR (first reading) items; everything except Planning & Zoning and budgetary items. So if you're here to speak on anything on today's agenda that is not related to this evening's budget or our Planning & Zoning agenda, please come forward to the lecterns now. You'll all be given two minutes to speak. Please say your name; you're free to state your address. Mr. Bibeau. Brett Bibeau: Thank you. Good morning, honorable City Commissioners. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. Mr. Chairman, if I can ask your indulgence, I do have a comment on PZ.2, asking for a deferral. I know it's a PZ item. I'm unable to attend this afternoon. Is there any way I could quickly read a letter into the record for the chairman, please? Vice Chair Russell: I will allow it. Mr. Bibeau: Thank you, sir. I would like to distribute and read into the record a letter from Chairman Aguirre, respectfully requesting a deferral of PZ.2 to the City Commission's second meeting in November. "City Commission Resolution 00-320 requires any City Commission agenda item impacting the Miami River to first be presented to the Miami River Commission in order to create an advisory recommendation to provide the City Commission. The City of Miami did not notify the Miami River Commission about today's City Commission agenda item PZ.2, which would create a new potential for allowing, quote, 'gambling facilities' in the, quote, 'D3 Waterfront Industrial and T6 Urban Core Zoning Designations,' both of which have numerous parcels along both shores of the Miami River. Therefore, I respectfully request deferral of the item, and cordially invite it to be presented to a Miami River Commission Public Subcommittee meeting on October 15, 10 a.m., 1407 Northwest 7th Street, followed by a public meeting of the full Miami River Commission on November 5 at 250 Northwest North River Drive, at noon. Your time and continued support for the Miami River District are appreciated. Thankyou." Vice Chair Russell: Thank you. At this afternoon's meeting, I will be asking the Planning Department how the legislation directly relates to the river, and we'll make a decision at that time. Thank you. Nathan Kurland: Good morning. Vice Chair Russell: Good morning. City of Miami Page 14 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Mr. Kurland: Nathan Kurland, 3132 Day Avenue. As many of you know, I'm a professor at FIU (Florida International University), and I had a very strange occurrence happen yesterday. I walked into my classroom, and there in the back row was a young lady drawing with lipstick on her forehead. I walked up to her. I said, "Excuse me, young lady. What are you doing?" She said, "Professor, I'm trying to make up my mind." Ouch. Vice Chair Russell: That was 30 seconds. You have a minute and a half more. Any other good ones? Mr. Kurland: This morning is one of those opportunities to speak about several items, Commissioners. One of the items I'd like to speak about today is FR.7, the increase of parking fees, almost 80 percent. The head of the Parking Authority is quoted as saying, "That's not too much to bear for the citizens of Miami." Excuse me. When you increase any kind of fee 80 percent, it's too much money. And the people who are most vulnerable to those changes are the ones who can least afford 80 percent increase. I'd also wanted to speak about Ultra, in favor of Ultra, but not going to speak about that today. As a past member of MSEA (Miami Sports and Exhibition Authority) that you are hearing about today, disbanding, I think the end result will be the same, but I truly believe the process should have been that the board of MSEA meet, vote to abolish itself,• then bring that vote to you, as Commissioners, to verb that vote by the members of MSEA. And finally, we have had so many -- I see a lot of orange shirts here, and I appreciate the fact of what you believe in. But quite honestly, the citizens of the State of Florida and we in the City of Miami have voted ultimate -- with several referendums -- we have voted down gambling each and every single time. I'm absolutely in favor of the 4/5ths vote, and I hope that you will turn down more gambling in the City of Miami. Thankyou all. Vice Chair Russell: Thank you, Mr. Kurland. Mr. Ehrlich. Peter Ehrlich: Thank you, Vice Chair. Peter Ehrlich, 720 Northeast 69th Street. I'll speak briefly on three items. I agree with Nathan Kurland regarding MSEA. I hope you do vote to abolish it, and I think if it -- the item had gone in front of the MSEA Board, that board would have also voted to abolish themselves. I'm also -- I also feel on FR.7, the parking fee increase, that maybe you could look at that a little more closely. The projected increases might be a little high for the public. And I won't be here in the afternoon, but I'm in favor of the 4/5ths vote on the -- regarding the gambling. Thankyou very much. Vice Chair Russell: Thank you, sir. Please feel free to line up at both lecterns, so we'll go back and forth. That's fine. Arnaldo Velez: Yes. Good morning. Arnaldo Velez, 35 Almeria Avenue, Coral Gables, Florida, and I'm here to address FR.2. Historically, the main entrance to the City has been the sea. The sea has been the main channel through which the earliest inhabitants to the City came. It has allowed trade, tourism, the growth, and provides the vitality by which this City has become the great city that it is. Without the sea, one wonders if this City would be as prosperous as it is. January of 1926, when the building boom was going on, a ship by the name of "PRINCE VALDEMAR," loaded with lumber for the use in the boom capsized near Watson Island. It blocked the channel and the turning basin and boats loaded with lumber. Much of the lumber which was to be used for the boom could not get in, nor could boats get out. It was blocked for six weeks, and it took the authorities in those days that long to resolve the problem and clear up the mess. The result resulted in delays of delivery of needed lumber, and historians agree that it caused a crash, an horrendous economic situation to visit our city. From this, a lesson was learned: Access to the sea and the need to oversee the sea with an appropriate overseeing and City of Miami Page 15 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 responsive agency was and remains important. With the recognized importance to oversee, to promote the access, along with the desire to promote sports, conventions and exhibitions, and to strive to generate community support, on July 28, 1982, the Commission created the Miami Sports and Exhibit Authority. It's an autonomous agency whose short name -- everybody calls it some other way, but it should be "MC." MC consists of 13 members, one of whom is our Mayor, voting on an ex ofcio, and the chairperson; the other are 12 learned people of the community that are appointed by you. MC has a chief executive office -- officer -- who has, subject to the directions of the agency, general supervisory powers; authority to retain professionals, including lawyers and accountants, to assist it. Over the years, MC has served its function well. It serves the community as the legal landlord of the Miami Children's Museum, the Chalk Seaplane Air Base, and oversees the Watson Island Heliport. It has leases, legal leases that could be called into question if you abolish MC. MC is self-sustaining. It has a bank account into which revenues from leases are deposited. It takes in $156, 000 a year. It also has reserve funds in excess of a half a million dollars. MC's current Executive Director is Lourdes Blanco. She was first appointed in December of 2014 as the interim director, and since of July 2015, has continuously, dutifully, and loyally acted as such; meeting its toils, its obligations, serving its needs, as well as those of the City and its citizenry. She has been watchful, overseeing its operations. Truly, MC has been responsive to the purposes and objectives of its creation. Chair Hardemon: Sir -- Mr. Velez: Long ago, I was taught that if something is not broken, well don't try to fix it. MC is not broken. There is no need, reason, or sound basis to attempt to fix it by erasing it. I implore you, and I'm here acting on behalf of Lourdes Blanco and the citizens of this fair city to keep MSEA open, and let it remain. Thank you. Chair Hardemon: Thank you, sir. Ma'am, you're recognized. Marissa Amuial: Good morning. Marissa Amuial, with Akerman. Our offices are at 98 Southeast 7th Street. We represent eMiami Design District and Associates, and affiliated entities with respect to the Miami Design District SAP (Special Area Plan). We're actually here on item FR.7, regarding the increase in proposed parking rates; particularly, the rates for the Design District would be raised significantly. The monthly permits, for example would be -- would go from 75 to $110, and these proposed increases for both on -street parking would significantly impact visitors, and the monthly permit increase would primarily impact those that work in the area. We've not been given the chance to provide our input or consider the significant impacts of the proposed legislation, and would request a deferral at this time to give stakeholders an opportunity to engage on the issue. Thank you. Chair Hardemon: Thank you. Sir. David Polinsky: My name is David Polinsky. I'm a private developer in Wynwood at 31 Northwest 23rd Street. I'm here to support -- to speak in support of FR.7, the initiative to raise parking rates for on -street parking, citywide. Increasing rates creates jobs and stimulates economic activity. When in the urban core, you can encourage higher turnover in parking spaces and shorter stays in parking spaces. You facilitate shoppers going down to shop, people going in to use the restaurants for short periods of time, and you move drivers who are looking for longer stays into parking facilities and monthly parking programs. In Wynwood, we take this very seriously. We've been working hard to promote the creation of parking structures; and most importantly, an employee parking program, which has now freed up 1,300 off -site spaces at low monthly rates. So I think raising the rates on -street is the first City of Miami Page 16 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 step in the direction of promoting economic activity and making our streets work better. Thank you. Chair Hardemon: Thank you, sir. Hello, ma'am. Eileen Silio: Good morning. My name is Eileen Silio. I'm a resident of the city of Allapattah [sic], and I am also a Florida real estate broker. The reason why I'm here today is to show that I am in favor of implementing the Certificate of Re - Occupancy Ordinance. Currently, there are six cities who have this ordinance in place. Doral, Hialeah, and Miami Springs are some of the cities on that list. This ordinance will ensure that properties being resold are being resold as their respective property status. For example, if you are going to sell a single-family home, but you have made additional construction additions without permits, then you have modified that home to now be a duplex or a triplex. I believe that this is an important ordinance, because it will help to preserve the single-family home nature of many neighborhoods. If we continue to turn a blind eye to these illegal units being added to properties without proper building codes, this will continue to aid the deterioration of many of our neighborhoods. It is also a major life safety issue, because many of these illegal units have kitchens and plumbing that have been installed without proper inspections to make sure that these were built to Code. The City of Hialeah, which is one of the cities that has this ordinance in place, has been able to tame this problem, which was somewhat uncontrollable. I had firsthand experience with how the process works when I sold a couple of homes in Hialeah. Some may believe that this process can be a little bit cumbersome, because it's an added step on your way to close a transaction and sell a home. However, I'm confident that the City of Miami can find an innovative way to streamline this process. In closing, I understand that there is an immense demand for housing in our city, but allowing Miami to turn into a chop shop of illegal units is not the solution. Thank you very much for your time. Vice Chair Russell: Thank you. David Fleitas: Good morning, Commissioners. How are you all doing today? Chair Hardemon: Fine. Mr. Fleitas: I'm here in favor of the scooters for the City of Miami. I am a charger for Bird, which basically means I am a self-employed person who goes out and picks up the scooters at night, charges them and brings them -- sets them back out in the morning. When you guys decided to take all the scooters away, I basically lost half my income because of it. I have 34 other people that work with us in my charger group. There's 34 of us that are not making any money at night anymore. Okay? We used to pick them up at 8 o'clock at night, between 8 and 9 at night, and drop them off between 4 and 7 in the morning. So the scooters were not randomly scattered everywhere. They were not, you know, totally just -- you know -- just randomly placed anywhere. I have a couple of chargers that are here with me today. They don't feel comfortable speaking, but I'm speaking for them. I really would need that, you know, if you guys would bring it back. Vice Chair Russell: Mr. Chairman, if I could just ask a question. Mr. Fleitas: Yes, sir. Vice Chair Russell: Sir, what's your name? Mr. Fleitas: My name is David Fleitas. City of Miami Page 17 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Vice Chair Russell: Thank you. How much are you able to make on a given night charging the scooters? Mr. Fleitas: It varies. I usually do about 12 scooters a night, in a range of anywhere between 5 to $20 per scooter. Vice Chair Russell: Up to $20 per scooter? Mr. Fleitas: Correct. Vice Chair Russell: All right. Mr. Fleitas: So I usually do about 12; there are other guys that do 20. I mean, it depends on how much you can put in your vehicle to take home and charge, and have them ready to go in the morning. So, I mean, it's -- you know -- on an average night, it's $90, you know. Vice Chair Russell: That's good to know. Thank you. Mr. Fleitas: You know, $90 times Jive, you know, it's a good chunk of change that I'm not getting anymore. Chair Hardemon: Thank you, sir. Mr. Fleitas: Anything else? Chair Hardemon: No. Vice Chair Russell: Thank you. Mr. Fleitas: Thank you. Have -- thank you for your time. Chair Hardemon: Sir, you're recognized. The -- I know -- Dennis Dolton: Good morning, Commissioners. Thank you. Everybody from Miami Jai Alai that's supporting us, please stand up. Chair Hardemon: Now, I know you're here on a "P" -- it's a PZ item; is that correct? Commissioner Gort: Yes. Mr. Dolton: It's for Ordinance 13114. Chair Hardemon: So what I'm doing is, I'm going to allow you all -- you two to speak. Mr. Dolton: Okay. Chair Hardemon: Because I know there are like -- for instance, the Miami River Commission -- Mr. Dolton: Yes, sir. Chair Hardemon: -- they routinely come and speak on PZ items in the morning; they do their two minutes, and they're gone. So what I'm saying is that I'm going to allow City of Miami Page 18 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 you two to speak to represent the group, because I know that you all back during the 2 o'clock hour, so you're representing therm. Mr. Dolton: Thank you, sir. My name is Dennis Dolton. I live Projects in 22nd Avenue and 74th Street, in the City of Miami. Hardermon, I think that's your district. Chair Hardermon: It's outside, but -- Mr. Dolton: Oh, okay. Chair Hardermon: But -- Mr. Dolton: It's right on the edge. Chair Hardermon: -- it's just refreshing to hear you still call it that. won't be corning at Scott Carver Commissioner Mr. Dolton: All right. I'm a former University of Miami student athlete, having played football, and I am now a professional jai alai player at Magic City Jai Alai. I go by the name, "El Barba." I encouragingly invite all of you to watch us on YouTube, or actually come down. It's a great time. I would like to speak against the proposed change to Ordinance 13114 as it pertains to jai alai and a cardroorm. A jai alai fronton in Edgewater would actually operate for two months of the year in the summer months, and by the State statue [sic], a percentage of the cardroorm revenue goes to jai alai prize money. This is estimated to be over $350, 000 in prize money each year. Jai alai players receive a base salary and compete for prize money based on performance. The prize money comes from cardroorm revenues only. Okay? We get nothing from slot machines. And this facility would be only a jai alai fronton and a cardroorm. This facility provides more opportunities for jobs, not only to former University of Miami athletes like me, myself; hundreds of other jobs in the cardroorms, security, food and beverage departments, and that's what we all represent here. Thank you for your time, Commissioner. I hope this goes well, and God bless. Chair Hardermon: Thank you, sir. Nate Brooks: Keon, Keon, what's happening? Chair Hardermon: What's going on, brother? Mr. Brooks: My name is Nate Brooks. I go by the name of "Nate the Great." I promise I'm not going to talk about nobody from Cuba, blowing up ships at gunpoint. This is a hell -- this is a real gangster meeting right here, y'all having in here. I was like, "Man, hey, I just came here" -- "I come in peace, " you know what I mean? But I will say this: You know, I play with the University of Miami Hurricanes, so I had the opportunity to play with the 49ers, New England Patriots. I'm from James E. Scott Projects. I went back to school, got my master's degree, and I'm going for my Ph.D. I have seven companies right now. I'm going to read one to you. What I think is, gambling on us, former Hurricanes -- since they're using the word, "gambling," and I'm free -styling this, like a new Millennium, Marcus Garvey or something, you know, but creating jobs as athletes. I talk to Warren Sapp. I wear this ring all the time to remind me of Sapp. I have three rings. Talk to the Rock, Ray Lewis, a lot of guys who -- who's millionaires now, and some of therm not. But I guarantee you this: I don't hear no one speaking about the jobs they can create, the way Nate the Great do. One of my drivers right now -- I'm going right into buying semi -trucks, two of therm, you know. I'm talking about -- we talking about with 30 trucks and 30 trailers, that's making a million dollars a day. I met JZ personally. I City of Miami Page 19 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 know JZ. This is a different opportunity for me. You know, my dad marched with the real Martin Luther King, you know. Keon, we know him. This is us now, you know, whether it work or not. They can cry about their park. Scott Projects is gone forever. The Orange Bowl, I can't even ride by and look at it. It's gone forever. Things change. Toys 'R Us is gone. You know, the list goes on. But I guarantee you, one of the ideologies that I have as a player is to continue to have fan relationships, and the people here, one at a time, to guarantee -- I have a car dealership. My son is Little Dre. Y'all probably heard the song, "Nice and Slow." He's blowing up. Rick Ross is my homey. We have what we call "The Great Government," which is my nonprofit organization, 501(c) (3). It's very important to gamble on the 'Canes, us -- this the era right now -- so that we can create the jobs. When will the athletes create the jobs? Well, right now, that what Nate the Great do. We create the jobs. And the bigger this jai alai get, the bigger this will get for our city and all over the country, because my company create jobs; that's what I do; create 501(c)(3)'s. And from the nonprofit, they have the Manager Behavior Program, you know. And you can order my book, "Black with no Excuses." Worldwide, we don't blame the white man, the Cuban, the Jews, nobody. We don't blame nobody; no excuses. So no guns, no taking no ships, none of that. You see everybody in the orange, we come in peace, but if -- the bigger this get -- using the word, "gambling," you put a negative stigma on it until you gamble on Great. Then all of a sudden, you see us say, "Get them out of here," because every time we win, we say, "Get them out of here." So the negative ideology on gambling, it changes now. It's not the same gambling now, so get that out of your head. Get that out of there. This is gambling -- And I talk to my kid. I tell him, black -on -black violence, we challenge it, you know. Right on 15th Avenue -- Terry Elliott -- we live there -- Luther Campbell. We create each other. You understand? We love you, man. You know what I'm saying? So if you thinking negative about gambling until this point, you understand, highlight gambling on us, the 'Canes. And now, all of a sudden, these little kids want to know, "Hey, what's a Cesta [sic]?" They want to know, "Hey, where is Spain? What's going on?" And these -- it's not negative; it's positive. But if they're going to -- hey, I'm not -- they crying about they, you know, building something. What if they say, "Hey, we going to tear it down"? Then they could feel our pain. They tore Scott Projects down. They tore out -- the tore the Orange Bowl down. So we building this up and we creating jobs. And if anybody want to challenge, if they can create -- everybody who got on a mike and be talking, right now I done got three drivers. We buying semi -trucks. I call myself the Jimmy Hoffa of the trucking industry. I love y'all, man. We trying to create jobs. We 're not trying to; this what I do. If you want to see the bank account, come sit down with me right now. You'll see my numbers, all right? And my mama always say, "Yo, don't get in no politics." Like the Mayor say, "The best way to exist is for them not to know you exist." But y'all want to talk about jobs and helping people, and creating it, let's do it. But the truth is -- come on, man. You know, people who -- how they living it, they really don't care, so, you know, they want to relax. Chair Hardemon: Thank you, sir. Mr. Brooks: But, if we want to make America great again, let's do it. You know what I'm saying? Chair Hardemon: Thank you, sir. Mr. Brooks: All right. I love y'all and y'all come check us out, and get 'em out of here. All right? Chair Hardemon: All right, brother. Thank you. Vice Chair Russell: Thank you. City of Miami Page 20 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: Is there any other person that's here for public comment? How are you doing, sir? Ignacio Vega Penichet: How are you? Chair Hardemon: I might hold you to two minutes. Mr. Penichet: I'm sorry? Chair Hardemon: Nothing. Go ahead. Mr. Penichet: My name is Ignacio Javier Vega Penichet, and I'm the president of Chalks Airline, with offices at 1000 McArthur Causeway, Miami. I would like to start by saying that Chalks will never oppose any proposal seeking to improve the way in which the City runs its business. And if the City Administration has determined that MSEA is no longer necessary and that its current functions may be carried out more effectively and efficiently directly by the City, Chalks will not oppose any ordinance by the City Commission in such regard as long as such ordinance is not poorly drafted, configurated [sic], and/or adopted in a way that could end up inadvertently interfering with or jeopardizing Chalks' or anyone else's rights. In this regard, in a memo given in response to our City Manager's request for advice on such a matter, Assistant City Attorney George Wysong assures that for the City to assume or take over MSEA's responsibilities under MSEA's existing leases, the existing interlocal agreement between the City and MSEA would have to be terminated, and new agreements entered between the City and MSEA's former sub -tenants. And we completely disagree with such statement, because nothing refrains or prohibits the City, MSEA and our MSEA sub -tenants from voluntarily agreeing to the attornment of all such subleases to the City without the need of terminating the interlocal agreement, or without the need of entering into new agreements; exactly in the same way, for instance, that the interlocal agreement has been amended from time to time by the City of Miami and MSEA, and such amendment never required the termination of the existing subleases or the entering into new ones. Unfortunately, the proposed action or the City's proposed ordinance, as currently drafted, contemplates the abolishment of MSEA, and that necessarily produce a time gap, no matter how small it ends up being, between the termination of the interlocal agreement on one hand, and the execution on the other hand of the new leases, since the City, without MSEA, would not be legally in a position to actually sign and execute the new leases until the interlocal agreement is terminated. And regardless of how much time such process actually takes, we, Chalks, as a public -use airport operator, would rather not be in such a position, since the matter at stake is for the City to assume and take over MSEA's current responsibilities, because such functions will be carried out more effectively and efficiently directly by the City, which does not necessarily require the abolishment of MSEA. And on the other hand, since there is no express willingness to interfere with existing sub- tenants' rights as provided by -- in Article 22 of the existing interlocal agreement, but to the contrary, the City seems to be willing to assume all obligations and liabilities of MSEA, as indicated in the proposed ordinance, I would respectfully request from the City Commission that any ordinance to be adopted on this matter be subject to and conditioned upon, as a condition precedent, to the prior execution of the relevant attornment agreements, and that MSEA's abolishment, which is not required to achieve such purposes, be postponed to a later date until such time that such attornments have been completed. And having said that, I will confirm to avoid any doubts that Chalks is willing and able to immediately agree to attorn to the City, so thank you very much. Vice Chair Russell: Thank you very much. City of Miami Page 21 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Victoria Mendez (City Attorney): So in short -- Vice Chair Russell: Commissioner Carollo. Ms. Mendez: -- you don't object unless -- as long as your rights are still intact, correct? In short? Mr. Penichet: As a condition precedent, yes. Ms. Mendez: Thank you. Mr. Penichet: That our rights are not affected in any way (UNINTELLIGIBLE). Chair Hardemon: Thank you, sir. Commissioner Carollo: Mr. Chairman, I wasn't appraised of this aspect of it. I've been in favor of doing away with MSEA since, frankly, MSEA had nothing to do anymore. When the old arena was sold, the Panthers left, and we built a new arena for the Heat, that's when all the money stopped corning to MSEA. But what he said here today made a lot of sense, so I don't know, Madam City Attorney, if we need for this item to be deferred for that to be straightened. If that's what we need, I don't mind bringing it back the next meeting, but this concerns me, what he said here today. Later... Chair Hardemon: You're recognized, sir. Manny Prieguez: Mr. Chairman, thank you very much. Manny Prieguez, 4000 Malaga Avenue, Miami, Florida 33133. I'm here representing Magic City Casino. Commissioner Carollo: Oh, so you have a conflict of interest. Mayor Francis Suarez: Did you guys already defer this one? Mr. Prieguez: Say again? Commissioner Carollo: You have a conflict of interest. Mr. Prieguez: How so? Commissioner Carollo: You 're representing Magic City Casino, so I'm just getting it on the record. I'm teasing you, I'm teasing you. Go ahead, go ahead, go ahead. Mr. Prieguez: I was -- you know, I'm not an attorney. Commissioner Carollo: I'm teasing you. Commissioner Gort: Relax. Mr. Prieguez: And I forget, he's not -- I always think he's -- I get nervous enough when I have Commissioner Carollo so close to me, and then, you know, he springs these things on me. Commissioner Carollo: Go ahead (UNINTELLIGIBLE). City of Miami Page 22 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Mr. Prieguez: Thank you, Commissioner. I'm here to respectfully request that FR.3 be deferred. The Magic City Casino has been continuously operating the largest food truck gathering not only in Miami -Dade County, not only in the State of Florida, but I would dare say in the entire country. We've been doing it for nine years. It's been very, very successful. The neighborhood has been very, very supportive, and there's just certain things with the ordinance that are unclear to us that may have unintended consequences, and I think it would be prudent for us to take two weeks so that we can proffer language to our Commissioner, to the district Commissioner, and hopefully, you know, we can iron things out, because we're generally in favor of what Commissioner Gort is attempting to do. So with that, I thank the Commission. Commissioner Carollo: I compliment Commissioner Gort for what he's trying to do. Commissioner Reyes: Yes. Commissioner Carollo: It's been needed for a long time. Commissioner Gort: There's the first reading that's going to be taking place, and I understand that there is certain things that will need to change. I, myself, I have a problem with some of the language. I don't know if it was done on purpose or not, but there need to be some changes in it. Commissioner Reyes: Yes. And Commissioner Gort -- Commissioner Gort: We can take it after 5 -- I mean after 2. It's a PZ (Planning & Zoning) item. Commissioner Reyes: Yes. Chair Hardemon: No; FR.3. Commissioner Gort: Which one are you talking about? Commissioner Carollo: Yeah. This is first reading only. Commissioner Gort: First reading. Commissioner Reyes: First reading only, and then I would like to work with you on it, because, as Mr. Prieguez was expressing, the -- we have to iron a couple of things. You see, when there's gatherings and -- such as in Magic City Casino, there is a true -- and also, I -- every time that I have movie nights and all of that, we bring the trucks. But I do understand what you're saying. Commissioner Gort: My problem is the designated certain area in the river -- Commissioner Reyes: Yes, sir. Commissioner Gort: -- they should not be in there. They should not be there at all. Commissioner Reyes: Okay, okay. Commissioner Gort: Now, talking about the Central Plaza and all the business, no one here has helped those people more than myself. If you go back to the original owners, they can tell you how much I've been involved in trying to help them. City of Miami Page 23 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Reyes: One suggestion that I want to make, if possible, that we go there -- Chair Hardemon: Can we do this? Can we allow -- Commissioner Gort: We'll do it when it comes up. Commissioner Reyes: Oh, okay. Chair Hardemon: -- the public comment to complete so we can --? Yeah. Mr. Prieguez: Thank you. Chair Hardemon: You're recognized, sir. Mr. Albert Gomez: Yes. First, FR. 6. I'm really happy that you guys are addressing derelict vessels and things. Anything that addresses watershed that you start taking in account governing watershed is important. You're going to deal with that more often in the next five years, so I just applaud you putting that on there. FR.8, it's important to keep the committees that are important. I think sea level rise is important. I'm a sitting member, butt honestly feel that it's an important committee; just keep that on. RE.9 -- oh, before that, on RE.1 through 6, I just like that the Mayor is supporting hyper -local groups. You know, they're the ones in the community doing the work, and we should really -- all of you should really advocate on your local groups, and we should see more of this, of the City reaching out and helping out local groups. RE.9 is something that I am intimate with. I remember it corning up in my committee, but as a citizen, I've also sat at the Virginia Key meetings, and what I would say to that is that I appreciate where it references the environmental -sensitive manner of operating the marina, but what I would say is that you guys are still in process of adjusting Code on free board and different sea level rise regulations on how to best build that marina up. And there's been a lot of back and forth on this, and I don't see anything with regards to that, and the Code has not been modified to adjust for sea level rise yet. So what I'd like to see is if maybe you can write in that at least that this marina will be redeveloped with the projected sea level rise standards. I don't see it in here, and I think it'd be a mistake to do that, so thank you. Chair Hardemon: You're recognized, ma'am. Marin Kim: I'd like to speak on FR.2. I know a motion has just been passed, but I'd like to enter a statement for the record if the Chairman will allow me to do so. I will leave it under minutes. Chair Hardemon: I wish you would have written the statement down and passed it to the Clerk. Ms. Kim: I have it in writing, but I'd like to read it if that's okay with you. Thank you. Chair Hardemon: Just because you spend so much time with us. Commissioner Gort: Name and address. Ms. Kim: Yes, and my address, sure. My name is Marin Kim, and I am here on behalf of Nautilus Enterprises, at 1000 McArthur Causeway. Irrespective of this Commission's decision today, which I know has been a deferral, I would be remiss not to put on the record that, as an affected party, there has been very little City of Miami Page 24 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 transparency or information regarding the transition process for abolishing MSEA. This lack of communication raises troubling questions as to how the City Administration expects to assume the legal and financial obligations of MSEA when no such plan has been shared with the public, and least of all, the interested and affected parties that have contractual relationships with MSEA and the City. I'm not going to ask whether the Commission knows that this transition implies as I do not know if the Commission has received all the appropriate information to answer these questions. In the last 10 months, in violation of the City Code, only one MSEA meeting has taken place under this new Administration; a meeting that failed to address the three following points, which are all interrelated: First, as some of the Commissioners are aware, in the last couple of meetings of MSEA, individual board members have questioned whether MSEA has ever approved one of the sublease agreements, and not one of the board members present at that meeting stated otherwise. I think that the Commission needs to consider that the automatic attornment of a potentially non -valid agreement now could result in the very validation of such agreement, and an agreement that, today, under any other scenario, would require a public referendum as waterfront property. Secondly, as the MSEA audio recordings of 2017 attest, there have been serious questions regarding the financial accounting of MSEA. The 2017 fiscal year financial audit by a certified external accountant reveals certain findings and financial reports that have not been discussed or approved by MSEA or the City Commission, despite the possible consequences such findings could result in. And lastly, depending on whether the findings in such statements are valid or not, the restriction of funds by MSEA in the past may or may not have been appropriate; thus, the disbursement of $200, 000 in restrictive funds loaned from the general fund, which, at that time, represented a significant part of MSEA's funds to a private party, should be reviewed, particularly if those monies were to be considered public funds. At the heart of the matter is a question of democratic process and transparency. As recently as last month, the City Attorney's Office and the City Manager personally have expressed to aviation authorities the desire to have the City of Miami manage an airport; a responsibility that several Commissioners here and the MSEA Board have rejected repeatedly, and that would be in conflict with agreements with the State of Florida, as well as the tenants on Watson Island; not to mention that such undertaking would require resources and expertise that the City would have to assume. Most importantly, the City needs an airport that they need to manage, and currently, the City does not have anything. So I would just like to conclude by saying that as this deferral has taken place that the Commission ask the City Administration these tough questions and to ensure that you are receiving all the information, because what I would not want to happen is for the City Commission to approve something under the guise of a noble intent only to create more legal problems for the City. Thank you. Chair Hardemon: You're welcome. Vice Chair Russell: That was three minutes. Chair Hardemon: It was. You're recognized, sir. Adrian Delgado: Good morning, everybody, Mr. Chair, Commissioners. So my item -- sorry. My name is Adrian Delgado, and my address is 2101 Brickell Avenue. The item I'd like to address today is FR. 7; 4588, on the ordinance related to parking. So I'm going to just read off this letter I wrote. There's no doubt that the parking system as it stands today is totally inefficient, and currently putting an unfair load on the City's finances. I, however, would like to say that I think it'd be a mistake to implement the ordinance set forth today for a variety of reasons; the main reason being that for one, it actually shifts the costs of parking from the City to businesses, local businesses, and the way it actually does that is because by pricing out potential City of Miami Page 25 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 customers during demand surges and things like that, potential customers will not want to go to certain neighborhoods, won't want to consume; therefore, that would actually cause a decrease in sales tax revenue. And I also believe that it causes a unfair burden on students, such as myself, who -- you know, we're already dealing with cost of living; and senior citizens, as well. Furthermore, I think, also, the ordinance is very -- too complicated, requiring censors and data analysis. That's definitely a consultant windfall. I think that although this would probably be very, very good for the consultant firms that are being hired, I think that's just an unnecessary expense, and I don't see why the City should place that on the taxpayer. Instead, I think I'd like to make a -- you know -- random proposal here. We should be making maybe parking in the City of Miami more affordable by doing a -- by having universal parking credits to stimulate local businesses, reduce the high cost of living, high transportation. So we already have pay -by -phone, but through pay - by -phone, every resident would receive this credit, making this program easier to implement than the ordinance on the City's agenda today. So, for example, it'd be like a monthly or yearly universal parking credits. Maybe seniors and students could have fi^ee parking; maybe have some kind of tag that's authorized by the City. And this would actually be better, because it would actually encourage customers to go to certain neighborhoods and consume; and then, therefore, it'd be higher tax revenue via sales tax; which, from what I checked, is actually a higher portion of receipts than parking tickets. I could be wrong about that, though. So I'd just like to very -- you know -- speak my mind as a student, and please consider this proposal. Thank you. Chair Hardemon: We appreciate you corning down. Sir. Freddy Delgado: Chair, Freddy Delgado, 2980 Northwest South River Drive. Commissioner Carollo: You're not a student, right? Mr. Delgado: I am not a student at this moment, no. Chair Hardemon: Maybe next month. Mr. Delgado: Not yet. I'm always a student of life, though. I'm here for several reasons. I am going to speak on FR. 7 briefly, but I'm here to thank the whole City's negotiating team, all the Commissioners, the Mayor, everybody involved in the City's negotiating team. We yesterday reached a tentative agreement that puts eight and a half years, hopefully, behind us. And it's ironic, because we're talking about FR.7, and one of the reasons we got in the situation in 2010 is because the City never tried to look at other sources of revenues. And even though some people may say, you know, raising a parking rate may hurt someone, what -- people are about to receive a $25,000 extra homestead exemption, which are the poorest people in the City of Miami, and that's going to probably help them a lot more than any parking rate might hurt them; which most of the senior citizens that visit, they don't go and park in any of these -- you know -- public parking. So -- but more than anything, I want to thank everyone for supporting us. The employees went through a lot, and so did the residents in 2010, and I think it's very forward thinking to be looking for other revenues. I've spoken with many Commissioners, and the Administration; that we're looking at all sources, so if something in the future were to happen, we do have other sources of income. And that's all. Chair Hardemon: Sir. You're recognized, sir. Al Dotson: Mr. Chairman, my name is Al Dotson, with Bilzen Sumberg, offices at 1450 Brickell Avenue, and here to speak in relationship to RE.9 and RE.10, related to the Virginia Key Marina Project. You may not know, but today, this morning, the City of Miami Page 26 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 courts entered another order in favor of the City of Miami. In fact, the three judge panel rewrote its earlier order and even gave further rebuke to the arguments of the current incumbent and the disgruntled proposer, BMP. It upheld the City's process. It has now been upheld twice by that three judge panel. It's up -- it's been upheld by the most experienced hearing examiner in all of Miami -Dade County. You've had two evaluation committees select our client, Virginia Key, LLC (Limited Liability Company). You had the Virginia Key Advisory Board stand in front of you in support our client and this project. And on the point that was made earlier, you probably know that whatever Code you pass and whatever process you put in front of us, we must comply with the Code, even if it's not in existence today as relates to development along the coast. With respect to RE.10, you know that your Code, City Code 2-112 has a time period within which a item must be approved and put on the ballot, but that only relates to when you are amending the Charter. We are not seeking to amend the Charter by asking for this referendum, so you can approve today RE.9 and RE.10, and place it on the ballot of your choice. We wish that we would move forward. The City is losing millions of dollars by allowing the current operator to continue to pay under market rate. You have an agreement that has been approved by the Manager now twice, awarding to us. There's nothing holding us up, because when we last met, what you said, "We want to see what the courts have to say." And now the order is final, and the courts have now said that the City process was fair, the decision was right, and now it's time to award that contract. That's what you said the last time we were here, and we're now ready to move forward. Thank you very much. Commissioner Carollo: Mr. Chairman, I need to ask counselor a question. Mr. Dotson: Yes, sir. Commissioner Carollo: Seeing one problem in what you're asking, counselor. Mr. Dotson: Yes, sir. Commissioner Carollo: For the November election, the Supervisor of Elections of Miami -Dade County said that we can't put anything else in the ballot. Mr. Dotson: And that we're aware of sir. Commissioner Carollo: So unless your client is willing to pay for a special election, the next available election won't be until November 2019, over a year from now. Mr. Dotson: Of that we are aware. Commissioner Carollo: So my -- Mr. Dotson: Both of paying for a special election and the time -- Commissioner Carollo: -- question to you is -- and I don't know if you have the answer -- is your client willing to pay for a special election? Mr. Dotson: Be happy to talk to them about it. We had that conversation prior to the first time this went out to bid, and we won. We were ready to do that; pay for a special election. Commissioner Carollo: Well, it would be good before we would vote in this item if you would have an answer for us. Mr. Dotson: Be happy to do that. City of Miami Page 27 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Ms. Mendez: I understand Mr. Dotson's position; however, there's still a 30-day appeal period. I would not recommend at all for this Commission to award anything today. The minute that you award something, vested rights attach, and then you will really be tied with whatever you do in the future. Vice Chair Russell: Commissioner Gort. Ms. Mendez: So I would ask that at least you wait for the 30-day appeal period time to run so that we know where we're standing at that time. Commissioner Carollo: One last question. Maybe the Administration could answer. Vice Chair Russell: Commissioner Gort had a comment, please. Commissioner Carollo: Oh, okay. Sure, it's fine. Commissioner Gort: I'm the one that requested to -- not to be pulled out. Commissioner Carollo: Yeah. Commissioner Gort: Because I think the statement that has been made is very fairly, and I have a suggestion that could take care of the problem. Vice Chair Russell: Commissioner Carollo. Commissioner Gort: Let's address it when the thing comes. Commissioner Carollo: Sure. How long has this issue been going on for? The -- I mean, I certainly wasn't here when it started, not in the first, not in the second RFP (Request for Proposals); neither was Commissioner Reyes. How long has it been going on for? Ms. Mendez: I would say close to three -- well, this one in particular, or the RFPs in general? We've had two RFPs -- Commissioner Carollo: In general. I know you had two RFPs. Ms. Mendez: I would say about three years. Commissioner Carollo: Okay. And then this one in particularly. Ms. Mendez: Maybe counsel remembers. Commissioner Carollo: And this one in particularly, for how long? Ms. Mendez: This one for about a year and a half, I believe. Mr. Dotson: It was issued February 17, 2017. Commissioner Carollo: Okay. That's about a year and a half, approximately. And my question is, there's a big gap between what we're getting now and what the winner of the RFP is offering. Has the City Administration -- and Emilio, I know you're new here, so you've only been here for a smaller portion of that year and a half, but has the previous Manager or this Administration done anything to meet with the corporation that presently has this lease that's expired, and they're just, you know, day to day, to get any additional monies from them? Because at the end of the day, what I see is we have several choices to make. And, you know, the only one that City of Miami Page 28 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 I'm not going to be in favor of is the one that we're going to keep getting the same amount of money, as we did in the past. I can't be asked to raise fees for parking or anything else and then we got money that's sitting on the table that we're not doing anything about it. Commissioner Gort: Commissioner, that's why my suggestion is let's discuss when the item comes in front of us -- Commissioner Carollo: Yeah. Commissioner Gort: -- because I have some ideas that would go along with it. Vice Chair Russell: Agreed. We are in public comment right now. We're about to close, and that is item RE.9 and 10, and we'll definitely continue the discussion then, and we may even call you up to speak more about it at that time. Mr. Dotson: Just finish my public comment in less than a minute -- less than 30 seconds? Vice Chair Russell: Yes; you have 33 left. Mr. Dotson: There's one other point that you should know: That the current operators did not go through a referendum to remain on that property. We believe that they're not there legally, and we want to put that on the table as you consider what you do next. Thank you. Vice Chair Russell: Thank you, sir. Miguel de Grandy: Good afternoon, Mr. Chairman, Commissioners. Miguel de Grandy, on behalf of Biscayne Partners. As was briefly discussed here -- and I'll keep my comments brief till the item comes up, and if you want to entertain further comment -- there is no emergency here at this point. If the earliest election is in 2019, there is an appeal period, there is a settlement agreement in place that says that the current operator has the right to occupy that space until all appeals are exhausted. That has not occurred yet. You have other issues that I could get into more detail. You have Charter issues at this point, because what the court initially said was that, yes, property that was not part of the RFP was used, and said it was used by everybody. But your Charter tells you that you cannot proceed on a procurement where additional property other than that which was solicited is incorporated into the deal. You have issues of a stale appeal -- excuse me -- of a stale appraisal. You have all sorts of difficult issues here to run through. To Commissioner Carollo's point, I could tell you that the current provider would be amenable to sit down and discuss those issues. There are two components. There's the City Marina and this -- the marina that's currently being operated. When you amalgamate those incomes and look at it from the composite perspective, which is what this RFP was planning to do, you have pretty much apples to apples in terms of income. But certainly, the current provider is amenable to sit down with the City and discuss those issues. But at this point, the bottom line is there's no fire drill. There's no emergency. There's no capability to proceed until 2019. And so, I think that you should follow the advice of your City Attorney and not proceed at this time - Chair Hardemon: Thank you. Mr. de Grandy: -- until those legal issues are resolved. And I thank you for your time. City of Miami Page 29 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: Thank you, sir. Commissioner Carollo: Mr. Chairman, if I could ask the Manager to -- Chair Hardemon: Before we get into that, is there any other person that wants to speak on public comment? Seeing none, I'm going to close the public comment at this time. Commissioner Carollo: Mr. Manager, could you have for us this afternoon before we deal with this item what the present contractor that we have there is providing the City in revenue on a monthly, yearly basis; both, if you can? And then, what is the City dry dock marina next door that will be part of this new contract -- how much is that providing to us so that I could see if what counselor has proffered is accurate or not; that if you combine both of those, it's pretty much equal to what was put out in the REP by the winner of it? Emilio T. Gonzalez (City Manager): Sure. I'll have that for you right after lunch. Chair Hardemon: Thank you very much. Commissioner Carollo: Thank you. Commissioner Gort: Well, I've asked for that for a week now, so -- because I want to see a comparison. The same data -- Chair Hardemon: Let's get it done. Commissioner Gort: -- I've been asking for. Mr. Gonzalez: I will get that, also, to you, sir. Chair Hardemon: Let us get it done. Commissioner Gort: So let's make sure we get it. Later... Chair Hardemon: Hello, sir. Javier Correso: Mr. Chairman, I have one more public comment. Chair Hardemon: I closed the public comment, but tell me who you are. Are you an attorney? Mr. Correso: No. It's Javi Correso, with Uber, on item FR.1, the scooter ordinance. Chair Hardemon: All right. Mr. Correso: Thank you. I'll first -- go ahead. Okay, appreciate it. Chair Hardemon: Are you an attorney? Mr. Correso: I'm not. Chair Hardemon: You're just a regular Joe corning to speak? Mr. Correso: No. I represent Uber. City of Miami Page 30 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: You represent Uber? Mr. Correso: Yes, correct. Chair Hardemon: Okay. Do you have a written statement? Mr. Correso: I do have a written statement. It's very quick; it's no more than a minute and a half. Chair Hardemon: Okay. I will allow you to do it. But I want everyone to understand, if you're not here right now, public comment is going to be closed. So you have the minute and a half while my dear friend, Commissioner Carollo is looking over the agenda; all right, sir? Mr. Correso: Great. Thank you, Mr. Chairman. First, I'd like to thank Commissioner Russell for taking this initiative to improve mobility here in our City. As you all know, the transportation sector is rapidly evolving, beginning with ride sharing, and now moving on to motorized bikes and scooters. Uber is the originator and leader in the mobility innovation space with over 1.5 million users taking a trip with us here in Miami throughout the last three months. We're in a unique position when it comes to these new modes of transportation, because our riders can already open within our app (application) and have access to affordable, green and convenient options, all at the push of a button. In San Francisco and Washington, D.C. (District of Columbia), our electric bikes have proven that these motorized devices are our replacement for our car use and becoming a true point of point solution for commuters. We've also done this in a very satisfactory manner, with a high record of compliance in these markets, ensuring public safety when it comes to sidewalks and roads. We'd like for the City of Miami to follow the lead of every other major metropolitan city in the country, which is to allow residents to have access to both mobility options, electric bikes and electric scooters. The City has invested a lot in bike lanes and infrastructure throughout the last few years, and we'd love for our riders, particularly those in the urban core, to have access to these new modes of transit. So we look forward to working with each of you, Commissioner Russell and the Administration, to jointly innovate, grow mobility options for our residents, because these new modes of transportation are filling in a lot of gaps in our transportation ecosystem. Thank you very much. Vice Chair Russell: Thank you. Mr. Gonzalez: Mr. Vice Chair? I'm sorry. Vice Chair Russell: Mr. Manager. Mr. Gonzalez: I'll let her speak. Vicky Leiva: I'm sorry. It's more of a question. I just heard "electric bikes" and electric bikes are not part of the item that has been noticed. The item that has been noticed -- Mr. Correso: You can take it at the item. Ms. Leiva: -- is an ordinance strictly -- Chair Hardemon: All right. Let us get there. Right now, we're not there. Right now, that was just public comment. He said what he said and -- Ms. Leiva: All right. City of Miami Page 31 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: -- when we get to the item, we'll be able to address any question that you might have -- Ms. Leiva: Okay. Chair Hardemon: -- because -- Commissioner Gort: There'll be a lot of questions when the item comes up, don't mind. Ms. Leiva: Thank you. MV - 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.) NO MAYORAL VETOES Chair Hardemon: Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. END OF MAYORAL VETOES City of Miami Page 32 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 PA — PERSONAL APPEARANCE PA.1 PERSONAL APPEARANCE 4634 PERSONAL APPEARANCE REGARDING THE PLACEMENT OF ADVERTISING ON OUR CITY TROLLEYS BY ORLANDO GUTIERREZ, FROM THE ASAMBLEA DE RESISTENCIA CUBANA. RESULT: PRESENTED Note for the Record: For additional minutes referencing Item PA.1, please see Item NA.1. Chair Hardemon: I have a personal appearance by Mr. Orlando Gutierrez. Is he present? Commissioner Reyes: Yes, sir. Chair Hardenzon: Mr. Gutierrez? Commissioner Reyes: Mr. Gutierrez. Chair Hardenzon: You have four minutes to address -- Commissioner Reyes: I was the one that asked for this appearance, and I want to explain why. Mr. Gutierrez and a group of -- what I call "freedom fighters," people that have spent all their lives trying to get a homeland and trying to get Cuba free, and these people, they have been very active, and they have done everything that is possible to try to ex -- I mean, advertise the suffering of the Cuban people, and why it shouldn't be proper to go to Cuba and to contribute to the -- that dictatorship that those funds are used on the repressive system that they have. That's what pay for the police, secret police and the army, and all of that. And it was requested by them and -- to place an advertisement in a trailer -- I mean, in one of the trolleys -- and it was denied, and they want to express their concern and why they think that it should be accepted. Mr. Gutierrez, please. Orlando Gutierrez: Good morning. Thank you, Commissioner Reyes. I want to thank the Commission for taking your time to listen to what we have to say. As Commissioner Reyes said, my name is Orlando Gutierrez. I am here with the Assembly of the Cuban Resistance. A few weeks back, some of the main organizations of the Cuban exile community -- Alpha 66, Brigade 2506, Mar Por Cuba, Cuban Liberty Counsel, the MRR, the 30th of November, the Directorio, the Cuban Municipalities in Exile of Democratic Circles -- and we have leaders here -- I'd like them to stand up -- and representing these organizations. We launched an Educational Human Rights Awareness Campaign about the consequences of cruise tours into Cuba. This campaign is inspired by the Angel and the Plagues on City Campaign against South African Apartheid in the 1980s. We have put up billboards, carried out press conferences, placed radio and TV ads, carried out protests, TV and radio programs, and we have received widespread community support. We are trying to raise awareness about the fact that cruise tours into Cuba is -- hurts, harms the Cuban people for three reasons: It directly contributes to the military, which is in charge of repression in Cuba. It exploits Cuban workers who don't have the right to organize freely and who cannot be hired directly or freely by any company. And City of Miami Page 33 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 in the third place, because those docks are stolen, cruise tourism to Cuba is dealing in stolen property. We requested to pay for advertising in the City trolley, because it goes through key areas in the City, and we were denied that advertising by the Department of Resilience and Public Works. We're here to respectfully request that you review the decision, because the ads that we want to put up -- and you have copies of them that I asked to be handed out -- have no vulgarity, they're not partisan, they're not political, and they're based on objective fact. Cuban docks are stolen, the money from cruise tourism goes to the Cuban military, and Cuban workers have no right to freely organize. Thank you for listening to what we had to say. Mayor Francis Suarez: Mr. Chair? Chair Hardemon: Yes. Mayor Suarez: Thank you. I just want to commend Commissioner Reyes and Orlando Gutierrez for his comments, and just express my solidarity with both of them and any other Commissioners who may express an opinion on this issue. I think it's imperative that we do what's right, and to the extent that we legally have the ability to place these restrictions, I think that we should. Thank you. Mr. Gutierrez: Thank you, sir. Mayor Suarez: Thank you. Commissioner Reyes: Just -- I want to ask Madam City Attorney, would it be possible to -- that we can make a motion that this type of advertising does -- is not considered -- on a City of Miami trolley are not to be considered advertising that directly or indirectly supports or oppose a particular candidate, you see? Political cause or issue, and it's -- I'm urging the City Manager to allow this advertising to be allowed by law, you see. Victoria Mendez (City Attorney): Commissioner Reyes, I would start by saying that if the Commission makes a motion that considers that this is not political speech; that this is -- anything having to do with tourism or something having to do with free speech, that is fine. What I do want to urge the Commission is that if they do not consider these types of advertisements political in nature, then if the cruise industry, who has millions of dollars, wants to start making ads that are contrary to that and they say that they should go see Cuba, everyone needs to understand, unfortunately, that those would be allowed on these trolleys, as well. And I say that with a very heavy heart, because I am the daughter of a wonderful Cuban man, but the law is the law. So if this Commission decides to make this motion, unfortunately, they need to understand that other advertising that you would not like to see on these trolleys can appear, so. Mr. Gutierrez: May I respond? Commissioner Reyes: Yes, sir. Mr. Gutierrez: I know your concern. Thank you for your words. But I would like to say this: It is an objective fact that those docks were stolen at gunpoint. We have the photograph there at the moment they were being stolen. It's an objective fact that the Cuban military is the one that runs the Cuban tourism industry. And it's an objective fact that Cuban workers can't organize freely, and there's no free hiring in Cuba. So we're not putting up tourism or are against tourism advertising. We're informing about the reality of Cuba. City of Miami Page 34 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Ms. Mendez: I understand, but -- Mr. Gutierrez: The cruise industry would have to -- Ms. Mendez: So political speech -- Mr. Gutierrez: -- counter those objective facts. Ms. Mendez: -- can be -- pursuant to our REP (Request for Proposals), it can be banned, and not placed on these trolleys. But if this Commission wants to allow your ads to be placed on these trolleys, then other ads having to do with tourism can be placed on those trolleys, as well, and I -- you know, what's good for the goose is good for the gander. And I'm just trying to make you understand that sometimes, be careful what you wish for, because you may get the ads you want, but other people with other means can get similar ads that are different than yours, and I just want that to be very clear, depending on the motion that is made, that this is not going to be considered any type of political speech. Mayor Suarez: Mr. Chair? Chair Hardemon: You're recognized, Mr. Mayor. Mayor Suarez: Thank you. Yeah. I think there may be a distinction that we can draw, which is these are factual statements as a result -- as opposed to a political argument. In other words, if the argument was, because we think that the government of Cuba is a dictatorship and communistic, you shouldn't go there, that's a political argument. Commissioner Carollo: I'm sorry. You said the word, "communist. " We're not supposed to say that. That's wrong. That doesn't exist. You're going to be attacked like I'm attacked all the time. Now you -- you know, they're going to say, "You're saying 'communist' all the time." Mayor Suarez: I'm attacked all the time; don't worry about it. Commissioner Carollo: Actually, I don't even say it, and they said that I said it. So - - but Mr. Mayor, I think what we want to say here that will differentiate this from what the cruise industry could do -- Commissioner Reyes: That's right. Commissioner Carollo: -- is this is human rights. So I think the wording that we should be using is -- Commissioner Reyes: Is violation of human rights. Commissioner Carollo: -- that we will be approving this, because of human rights violations in communist Cuba, and I'll say it along with you, so if they attack you, they could attack me -- couple of guys, you know, who they are -- and in fact, I was sent late last night a little bit of information that one of these characters that -- big, famous medical marijuana writer that is sponsoring his little rag sheet by all the sex trafficking ads; you know; the massage parlors, you know, with happy ending. Anyway, he says in his tweet that read, because somebody retweeted to him that the FBI (Federal Bureau of Investigation) was interviewing several people in Miami last week, on their contacts with the staff from the Cuban Embassy. So he said some swear word; that "How dare they do this." So it's okay for us to investigate, you know, Russian interference; but Cuba, we can't touch them. I mean, they get a free City of Miami Page 35 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 reign. But then the FIU (Florida International University) professors that are serving jail time, because they were spies, we made that up. Ana Belen Montes -- Commissioner Reyes: Yeah. Commissioner Carollo: -- we made that up. I guess next, they're going to be saying that the Cuban Air Force didn't really shoot down defenseless airplanes. Mr. Gutierrez: Right. Commissioner Carollo: And these are the kind of characters that are -- you know, they can't poison enough of our young kids in the universities here, so they got to bring in from the outside now, and give them jobs here to make them pillars of our community and the moral compass of our community right. So, Mr. Mayor, I think what we want to say is "human rights"; that we will allow advertising that has to do with -- Commissioner Reyes: Informational. Commissioner Carollo: -- protecting -- Commissioner Reyes: That's it. Commissioner Carollo: -- human rights and talking about individuals that are violating human rights. I think that would make a big difference -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- so that the Cuban government can't give a call to Miami and get some of those that only care about making a profit to go ahead and put 2, 3, 4, $5 million worth of advertising to bury whatever they have. Commissioner Reyes: I want to add to that, and I think that, Madam City Attorney, we can work a way as an advertising; instead of being an advertising, being informational, you see, that traveling to Cuba, you are only supporting a regime that constantly abuses the rights of the -- the human rights -- Commissioner Gort: Human rights. Commissioner Reyes: -- of the Cuban people, you see, to that effect; something like that, you see. What we are doing is informing that what you're -- that you're contributing to a dictatorship that does -- don't have the slightest respect for the rights of the people, and they're persecuting their own people, you see. I -- that's informational. END OF PERSONAL APPEARANCE City of Miami Page 36 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 CA — CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes CA.1 RESOLUTION Ite Pulled fro Co 4557 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE NO FURTHER ACTION AND TO STAY THE SETTLEMENT AGREEMENT ENTERED INTO BETWEEN ALTERNATIVE PROGRAMS, INC., AND THE CITY OF MIAMI IN CIRCUIT COURT CASE NUMBER 2017-012398-CA-01 (32) FOR A PERIOD OF EIGHTEEN (18) MONTHS. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item CA.1 was deferred to the September 27, 2018, Planning and Zoning Commission Meeting. Chair Hardemon: Madam City Attorney, you wanted to -- you were asking that we defer item CA.1 to another date. What date is that? Victoria Mendez (City Attorney): Yes, Chairman. I'd like to defer CA.1 till September 27 if possible. Chair Hardemon: All right. Is there a motion? Commissioner Gort: Move it. Chair Hardemon: Seconded by the Chair. Commissioner Carollo: CA.1 -- Chair Hardemon: Yeah, CA.1. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: So let's get through -- Commissioner Carollo: Who's the sponsor of this? Chair Hardemon: -- some business, all right? We don't have much time. City of Miami Page 37 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 CA.2 RESOLUTION IPulled fro C 4335 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A TEMPORARY ACCESS AND HOLD HARMLESS/INDEMNIFICATION AGREEMENT ("ACCESS AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE MIAMI-DADE COUNTY SCHOOL BOARD ("SCHOOL BOARD"), WHEREBY THE CITY GRANTS TO THE SCHOOL BOARD TEMPORARY ACCESS RIGHTS TO REMOVE THE PEDESTRIAN BRIDGE CONNECTING MIAMI EDISON SENIOR HIGH SCHOOL LOCATED AT 6101 NORTHWEST 5TH COURT, MIAMI, FLORIDA, THE CITY -OWNED PROPERTY LOCATED AT 525 NORTHWEST 62ND STREET, MIAMI, FLORIDA AND KNOWN AS ATHALIE RANGE PARK, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Notes for the Record: Item CA.2 was deferred to the November 15, 2018, Regular Commission Meeting. For minutes referencing Item CA.2, please see "Order of the Day." CA.3 RESOLUTION 4604 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT ("JPA"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("DDA") FOR THE DOWNTOWN MIAMI SIGNAGE AND WAYFINDING SYSTEM PROJECT, PROJECT NO. 40-B30941 ("PROJECT"); ACCEPTING AN ADDITIONAL CONTRIBUTION OF FUNDS FROM THE DDA TOWARDS THE PROJECT IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) FOR AN AGGREGATE TOTAL DDA FUNDING CONTRIBUTION IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) WITH SAID ADDITIONAL CONTRIBUTION OF FUNDS TO BE APPROPRIATED BY A SEPARATE RESOLUTION. ENACTMENT NUMBER: R-18-0357 This matter was ADOPTED on the Consent Agenda. City of Miami Page 38 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Note for the Record: For minutes referencing Item CA.3, please see "End of Consent Agenda." CA.4 RESOLUTION 4605 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PETROLEUM RESTORATION PROGRAM SITE ACCESS AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") TO CONDUCT ENVIRONMENTAL SITE ASSESSMENT AND REMEDIATION, IF NECESSARY, FOR THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA ("PROPERTY"), COMMONLY REFERRED TO AS "MIAMI CITY HALL," AT NO FEE OR COST TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY SUCH OTHER DOCUMENTS OR AGREEMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0358 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.4, please see "End of Consent Agenda." CA.5 RESOLUTION 4606 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY ("FDEO"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR PUBLIC INFRASTRUCTURE AND RIGHT-OF-WAY IMPROVEMENTS AT NORTHEAST 42ND STREET BETWEEN NORTHEAST 4TH AVENUE AND FEDERAL HIGHWAY ASSOCIATED WITH THE CITY OF MIAMI'S OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. B-173901 REFERENCED AS THE "RAILROAD CROSSING AT NORTHEAST 42ND STREET AND NORTHEAST 4TH AVENUE" ("PROJECT"); FURTHER, ACCEPTING GRANT FUNDS IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) ("GRANT FUNDS") FOR THE IMPLEMENTATION OF THE PROJECT WITH SAID FUNDS TO BE APPROPRIATED BY A SEPARATE RESOLUTION. ENACTMENT NUMBER: R-18-0359 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.5, please see "End of Consent Agenda." City of Miami Page 39 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 CA.6 RESOLUTION 4607 Office of Capital Improvements CA.7 4302 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FEDERAL GOVERNMENT THROUGH THE FLORIDA DEPARTMENT OF TRANSPORTATION AS THE PASS THROUGH AGENCY, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE EXTENSION OF THE OVERTOWN GREENWAY ALONG NORTHWEST 11TH STREET FROM NORTHWEST 7TH AVENUE TO NORTHWEST 12TH AVENUE, AS ASSOCIATED WITH CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B173648 ("PROJECT"); FURTHER ACCEPTING GRANT FUNDS IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED TWENTY TWO THOUSAND EIGHT HUNDRED NINETY ONE DOLLARS ($822,891.00) FOR THE IMPLEMENTATION OF THE PROJECT WITH SAID FUNDS TO BE APPROPRIATED BY A SEPARATE RESOLUTION. ENACTMENT NUMBER: R-18-0360 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 AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JOSE J. SOTO, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $90,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $89,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-18-0361 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 40 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 CA.8 RESOLUTION 4423 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "EARLY LEARNING COALITION PROGRAM" AND ACCEPTING AND APPROPRIATING SUBSIDIZED FUNDING IN AN ESTIMATED AMOUNT NOT TO EXCEED EIGHTY THOUSAND DOLLARS ($80,000.00) ("FUNDS") FROM THE EARLY LEARNING COALITION OF MIAMI-DADE/MONROE, INC., A FLORIDA NOT FOR -PROFIT CORPORATION, IN ORDER TO CONTINUE IMPLEMENTING THE STATE OF FLORIDA STATEWIDE SCHOOL READINESS PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE SAID SUBSIDIZED FUNDING AND TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AN OPTION TO RENEW, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE AND APPROPRIATION OF AND COMPLIANCE WITH THE TERMS OF THE SUBSIDIZED FUNDING. ENACTMENT NUMBER: R-18-0362 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.8, please see "End of Consent Agenda." City of Miami Page 41 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 CA.9 RESOLUTION 4425 Department of Parks and Recreation and Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED MAY 15, 2018, PURSUANT TO INVITATION FOR BID ("IFB") NO. 774382, FOR CITYWIDE ROOF CLEANING SERVICES AT VARIOUS CITY OF MIAMI ("CITY") BUILDINGS FROM INCLAN PAINTING AND WATERPROOFING, CORP., A FLORIDA PROFIT CORPORATION ("INCLAN"), THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PARKS AND RECREATION DEPARTMENT ("PARKS") AND THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT ("DREAM") ON AN AS -NEEDED BASIS, FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE PARKS GENERAL FUND AND CAPITAL FUND AND MISCELLANEOUS FUNDS FROM DREAM, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0363 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.9, please see "End of Consent Agenda." City of Miami Page 42 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 CA.10 4512 Department of Police CA.11 4514 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN, WALKWISE;" AUTHORIZING THE CITY MANAGER TO EXECUTE THE LETTER OF AGREEMENT, CONTRACT, AND ACCOMPANYING DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES FOR REIMBURSEMENT OF OVERTIME EXPENSES IN AN AMOUNT NOT TO EXCEED $88,000.00 FOR MIAMI 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-18-0364 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.10, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "FISCAL YEAR ('FY') 2017 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $336,717.00 TO PROVIDE FUNDING FOR PLANNING, EVALUATION, AND TECHNOLOGY IMPROVEMENT PROJECTS IN SUPPORT OF CRIMINAL JUSTICE INITIATIVES FOR THE MIAMI POLICE DEPARTMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF AND COMPLIANCE WITH SAID GRANT AWARD. ENACTMENT NUMBER: R-18-0365 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.11, please see "End of Consent Agenda." City of Miami Page 43 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 CA.12 4515 Department of Police CA.13 4516 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE MUTUAL AID AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY') AND THE CITY OF AVENTURA, TOWN OF GOLDEN BEACH, CITY OF HIALEAH, CITY OF HOMESTEAD, VILLAGE OF KEY BISCAYNE, CITY OF CORAL GABLES, CITY OF SWEETWATER, AND CITY OF WEST MIAMI (COLLECTIVELY, "PARTICIPATING MUNICIPALITIES") TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ADEQUATE RESPONSE TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO NATURAL AND MANMADE DISASTERS OR EMERGENCIES AS DEFINED IN CHAPTER 23, PART 1, FLORIDA STATUTES, ENTITLED "FLORIDA MUTUAL AID ACT." ENACTMENT NUMBER: R-18-0366 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.12, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY') AND THE CITY OF NORTH MIAMI BEACH ("NMB") TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ADEQUATE RESPONSE TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO NATURAL AND MANMADE DISASTERS OR EMERGENCIES AS DEFINED IN CHAPTER 23, PART 1, FLORIDA STATUTES, ENTITLED "FLORIDA MUTUAL AID ACT." ENACTMENT NUMBER: R-18-0367 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.13, please see "End of Consent Agenda." City of Miami Page 44 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 CA.14 RESOLUTION 4551 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT TWELVE (12) RIGHT-OF-WAY DEEDS AND TWO (2) QUIT CLAIM RIGHT-OF-WAY DEEDS OF DEDICATION, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED (COLLECTIVELY, "DEEDS"), FOR RIGHT-OF- WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP COPIES OF SAID DEEDS. ENACTMENT NUMBER: R-18-0368 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.14, please see "End of Consent Agenda." CA.15 RESOLUTION 4587 Department of Solid Waste A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FROM KEEP AMERICA BEAUTIFUL ("KAB") THE IN - KIND 2018 9-VOLT BATTERY KAB GRANT WHICH WILL PROVIDE THE CITY OF MIAMI ("CITY") WITH THIRTY-SIX THOUSAND EIGHT HUNDRED (36,800) 9-VOLT BATTERIES VALUED AT A TOTAL OF APPROXIMATELY ONE HUNDRED TWENTY-SEVEN THOUSAND THREE HUNDRED TWENTY EIGHT DOLLARS ($127,328.00) ("GRANT") TO PROMOTE FIRE SAFETY EDUCATION AND CARBON MONOXIDE DETECTION AWARENESS PROGRAMS ("PROGRAMS"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND ANY OTHER NECESSARY DOCUMENTS, AGREEMENTS, AMENDMENTS, MODIFICATIONS, EXTENSIONS, AND RENEWALS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT FOR SAID PURPOSES FOR THE PROGRAMS. ENACTMENT NUMBER: R-18-0369 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.15, please see "End of Consent Agenda." City of Miami Page 45 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 CA.16 RESOLUTION 4550 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON MAY 7, 2018, PURSUANT TO INVITATION FOR BID ("IFB") 827381 FOR CITYWIDE STORM SEWER CLEANING SERVICES FOR THE PUBLIC WORKS DEPARTMENT ("PUBLIC WORKS"), ON AN AS NEEDED BASIS, WITH ENVIROWASTE SERVICES GROUP, INC., A FLORIDA PROFIT CORPORATION ("ENVIROWASTE"), FOR AN INITIAL TERM OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS, ALLOCATING FUNDS FROM ACCOUNT NO. 00001.208000.534000.0.0 AND OTHER FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0370 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.16, please see "End of Consent Agenda." City of Miami Page 46 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 CA.17 4590 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED JUNE 26, 2018, PURSUANT TO INVITATION FOR BID ("IFB") NO. 881381, FOR PLUMBING MAINTENANCE AND REPAIR SERVICES AT POLICE FACILITIES FROM PIPELINE PLUMBING SERVICES OF BROWARD, INC., A FLORIDA PROFIT CORPORATION ("PIPELINE"), THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE MIAMI POLICE DEPARTMENT ("POLICE") ON AN AS-NEEDED/EMERGENCY BASIS, FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE POLICE DEPARTMENT ACCOUNT NO. 00001.191501.546000 AND OTHER SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING, THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0371 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.17, please see "End of Consent Agenda." CA.18 RESOLUTION 4249 Bayfront Park Management Trust A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE LICENSE AGREEMENT BETWEEN THE BAYFRONT PARK MANAGEMENT TRUST AND CROWN CASTLE NG EAST LLC, A FOREIGN LIMITED LIABILITY COMPANY ("CROWN CASTLE"), ALLOWING CROWN CASTLE TO PLACE, OPERATE, AND MAINTAIN MICROCELLULAR EQUIPMENT USED TO PROVIDE WIRELESS CONNECTIVITY IN BAYFRONT AND MUSEUM PARKS. ENACTMENT NUMBER: R-18-0372 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.18, please see "End of Consent Agenda." END OF CONSENT AGENDA City of Miami Page 47 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: We have left on the agenda the CA (consent agenda) agenda, right? We have the CA agenda; we have the PH (public hearing) agenda; and then we have the RE (resolution) agenda, except for -- I want to take out RE.9 and RE.10. So the Chair will be -- would like to entertain a motion to approve what's left of the CA agenda. Commissioner Reyes: CA agenda? Chair Hardemon: What's left of the CA agenda; the PH agenda -- there's only two items that's left -- Commissioner Carollo: Okay. PH -- Chair Hardemon: -- and also, the RE agenda -- Commissioner Carollo: RE, yeah. Chair Hardemon: -- except RE.9 and RE.10. Commissioner Carollo: 9 and 10. And the other was CA you said? Chair Hardemon: That's correct. Commissioner Carollo: Okay. Give me a couple of minutes. Chair Hardemon: No problem. Commissioner Carollo: I'm a little older than you guys. I can't go as quickly. Later... Commissioner Carollo: Is PH.1 deferred? Chair Hardemon: That is correct. Commissioner Carollo: Okay. I'm ready to -- Commissioner Gort: Mr. Chairman, PH.4I'd like to discuss. Chair Hardemon: That's fine. It's open for discussion. You're recognized, sir. Commissioner Gort, you're recognized for PH.4. Commissioner Gort: PH.4, my understanding is, it's got the no -bid contract to the Miami Express Transportation Company. My understanding is there's no cost to the City of Miami; that at no time we'll be liable for any expenditure on this issue. Emilio T. Gonzalez (City Manager): Sir, this service will be a for pay service. Commissioner Gort: I know. Mr. Gonzalez: So our expectation is, is that this will actually generate income. Should that not happen, we will terminate the contract. This is a pilot proof of concept. Commissioner Gort: I understand, and I agree with it, and that's pretty good. But I want to make sure we don't have any liability. City of Miami Page 48 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Reyes: That's right. Mr. Gonzalez: Correct. Commissioner Gort: Okay. That's why I want to make sure if they lose money, they close. Ms. Mendez: Right. Commissioner Gort: We're not responsible for it. Ms. Mendez: In the contract the City can terminate with 60 days' notice, so we would not have an issue. Commissioner Reyes: 60 days? Ms. Mendez: It could -- Commissioner Gort: But 60 days -- if there's a default, there's not enough money to cover the expenses, are we liable for those 60 days to pay for that? Commissioner Reyes: Yeah. Mr. Gonzalez: Yes. Ms. Mendez: For the 60 days, yes. But we could try and negotiate something -- Mr. Gonzalez: We'll negotiate that; but, yes, we would be liable, yes, for those 60 days. But at -- we need -- this is a pilot; it's a proof of concept. We're very confident that this will generate income for our transportation system, but we also want to make sure that we don't enter into a long-term arrangement, because if we don't see the numbers that we think we should have, we want to cut this Wright away. Commissioner Reyes: Excuse me. Let me ask you, why 60 days? Why -- if we find out that it's not working, why do we have to take a loss for 60 days before we break - - I mean, we finish the contract? We end the contract. Why? Commissioner Gort: There's a contract, no? Commissioner Reyes: I mean, just finish the contract. 15 days will be -- I mean, you don't need that much money, and you don't have to move equipment and all of that. The only thing that you have to do is just -- Mr. Gonzalez: Sir -- Commissioner Reyes: -- send the trolleys back to the garage, and that's it. Mr. Gonzalez: -- I hear what you're saying. We'll happily go back and -- Commissioner Reyes: Please. Mr. Gonzalez: -- renegotiate that number. That's not a big issue. Commissioner Reyes: Okay. City of Miami Page 49 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Mr. Gonzalez: Again, we've been working with our friends in Miami Beach. We both believe that this is going to be a very successful endeavor, and we're very excited. Commissioner Reyes: I really hope so, but I -- we will have to cover our -- Commissioner Gort: Question: Is Miami Beach -- Commissioner Reyes: -- back. Commissioner Gort: -- willing to help and there's a -- if there is a deficiency or if there's not enough funds? Mr. Gonzalez: Sir, my discussions with the Manager there, and our staff discussion with staff there, they're -- because of the hours that we want to do this, they're very interested in seeing the results of our proof of concept, and they may pick up the hours that we're not providing it. So right now, it's a one stop. We drop people off there and come right back, but they're also very interested in this. Commissioner Reyes: But the question is, if we're losing money and -- let's say that we start losing money. Are -- we are going to front all the money or Miami Beach is willing to --? Because they are benefiting, also. Mr. Gonzalez: Sir -- Commissioner Reyes: They are willing to chip in? Mr. Gonzalez: -- we have -- this is our program, it's our pilot, it's an opportunity for us to expand our network. I -- they have told me and our staff has -- believes that we'll actually benefit more, because there'll be more people from the Beach corning here to take advantage of Miami than there will be Miami people going to the Beach. Commissioner Reyes: Yeah, that's a point; that's a point. Mr. Gonzalez: So they're very supportive and -- Commissioner Reyes: But I would like to squeeze a couple of pennies from them, too, you know. Mr. Gonzalez: Sir, I want to squeeze dollars, not pennies, but, yes -- Commissioner Reyes: No, you know what I mean. Mr. Gonzalez: -- yes, sir. Commissioner Reyes: Okay. Mr. Gonzalez: Yes, sir. And if -- Mr. Chairman, just a -- as a -- if I may, sir? We wanted to offer a correction, because this thing -- the item right now has a retroactive approval for execution. We have not executed anything, pending your vote, so I wanted to make sure that we're very clear that nothing has been executed, because I didn't want to get ahead of ourselves, and we're deferring to you today. So if we could make that correction that I am not giving -- getting retroactive execution approval. Chair Hardemon: Duly noted by the mover and the seconder. City of Miami Page 50 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Annie Perez: Yes. If I may, I'm Annie Perez, Director of Procurement. Good morning, everyone. Yes. I'd like to replace the line that says, "Retroactively approving the City Manager's execution of the professional service agreement" to "Authorizing the City Manager to execute the professional services agreement, substantially in the attached form that is acceptable to the City Attorney." Chair Hardemon: There's no objection by the mover and the seconder. Any further discussion? Todd B. Hannon (City Clerk): Yes, sir. My apologies, Chair. It's my understanding that RE.7, the legislation needs to be amended, I believe, to include District 1. And I also need to amend RE.11 to substitute the exhibit; as well as, on the record, I'll be submitting the official election reports into the record, so RE.11 will be amended, as well. Chair Hardemon: Duly noted for the record. No objection by the mover and seconder. Seeing no further discussion, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? The motion carries. City of Miami Page 5] Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 PH — PUBLIC HEARINGS PH.1 RESOLUTION 2864 Department of Community and Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-182 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO SELL THE CITY -OWNED PARCEL OF LAND LOCATED AT 1812 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO YOLO MIAMI, LLC ("YOLO") FOR $25,000.00 FOR THE CONSTRUCTION OF AFFORDABLE HOUSING; FURTHER 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: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Notes for the Record: Item PH.1 was deferred to the November 15, 2018, Regular Commission Meeting. For minutes referencing Item PH.1, please see "Order of the Day." PH.2 RESOLUTION 4575 Department of Community and Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING ADDITIONAL FUNDS IN THE AMOUNT OF $5,387.00 IN STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM FUNDS FOR FISCAL YEAR 2017-2018; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-18-0374 City of Miami Page 52 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PH.2, please see "End of Consent Agenda." PH.3 RESOLUTION 4498 Commissioners and Mayor A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), 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, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI (OR TO ITS LIMITED AGENCY AND INSTRUMENTALITY BAYFRONT PARK MANAGEMENT TRUST) TO ENTER INTO A BAYFRONT PARK USE AGREEMENT WITH EVENT ENTERTAINMENT GROUP, INC. ("USER") FOR THE PRESENTATION OF AN ANNUAL ULTRA MUSIC FESTIVAL FOR A PERIOD OF (_) YEARS, WITH ONE (1) ( ) YEAR OPTION TO RENEW, WITH AN ANNUAL TWO MILLION DOLLAR ($2,000,000.00) GUARANTEED MINIMUM PAYMENT TO THE CITY OF MIAMI, WITH THE TERMS AND CONDITIONS SET FORTH IN THE USE AGREEMENT; FURTHER AUTHORIZING THE BAYFRONT PARK EXECUTIVE DIRECTOR/CITY MANAGER, AS APPLICABLE, TO EXECUTE THE BAYFRONT PARK USE AGREEMENT WITH THE USER FOR THE ULTRA MUSIC FESTIVAL, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE BAYFRONT PARK MANAGEMENT TRUST. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Notes for the Record: Item PH.3 was deferred to the September 27, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item PH.3, please see "Order of the Day" and "Public Comment Period for Regular Item(s)." City of Miami Page 53 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 PH.4 RESOLUTION 4719 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 EXHIBIT "A," PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE CROSS BAY TROLLEY ROUTE ("ROUTE") OPERATION SERVICES, WITH MIAMI EXPRESS TRANSPORTATION COMPANY INC, A FLORIDA PROFIT CORPORATION ("METC"), FOR BUSES TO BE UTILIZED IN THE OPERATION OF THE ROUTE; AUTHORIZING THE CITY MANAGER TO SET A PER PASSENGER FARE FOR THE ROUTE; RETROACTIVELY APPROVING THE CITY MANAGER'S EXECUTION OF THE PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN A FORM THAT WAS ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING THE NEGOTIATION OF A PER PASSENGER FARE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER RELATED DOCUMENTS INCLUDING ANY AMENDMENTS AND RENEWALS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0375 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PH.4, please see "End of Consent Agenda." END OF PUBLIC HEARINGS City of Miami Page 54 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 SR — SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 3887 Commissioners and Mayor AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "OFFENSES — MISCELLANEOUS," BY CREATING SECTION 37-14, ENTITLED "FALSE OR FRAUDULENT CLAIMS FOR PAYMENT OR APPROVAL," PROVIDING FOR A SHORT TITLE, PURPOSE, DEFINITIONS, CERTIFICATION OF CLAIMS, LIABILITY FOR FALSE CLAIMS, PENALTIES, CIVIL ACTIONS FOR FALSE CLAIMS, RIGHTS OF THE PARTIES IN CIVIL ACTIONS, AWARDS TO PLAINTIFFS BRINGING CIVIL ACTIONS, EXPENSES, ATTORNEYS' FEES, COSTS, EXEMPTIONS TO CIVIL ACTIONS, PROTECTION FOR PARTICIPATING EMPLOYEES, BURDEN OF PROOF AND PRESUMPTION OF FALSE CLAIM, AND INNOCENT CLAIMANT AFFIRMATIVE DEFENSES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13786 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Vice Chair Russell: Mr. Chairman? Chair Hardemon: One second, sir. Yes, sir. Vice Chair Russell: Actually, never mind,• it's fine. Thank you. Chair Hardemon: Madam City Attorney, can you read into the record SR.1? Madam City Attorney, you heard me? Okay. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is there a motion to approve the item or any discussion? Commissioner Reyes: Move. Commissioner Carollo: There's a -- Chair Hardemon: It's been properly moved. Commissioner Carollo: -- second. I think Commissioner Reyes made it. Discussion. Madam City Attorney, I'd like to see if you could include the floor amendment that I requested the last time we discussed this; that we would include into this ordinance the ability for the City to recoup attorney's fees and costs when there are fraudulent and frivolous -- City of Miami Page 55 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Victoria Mendez (City Attorney): Allegations. Commissioner Carollo: -- allegations against City officials. Ms. Mendez: Okay. Chair Hardemon: Does the mover --? Commissioner Reyes: I'm in support of Commissioner Carollo's measure. Ms. Mendez: We will -- we'll amend that into the "claim" section. Commissioner Reyes: Yes, sir. Commissioner Carollo: Thank you. Chair Hardemon: Any further discussion? Hearing none, all in favor of the ordinance, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? The motion carries. Ms. Mendez: As amended. Chair Hardemon: As amended. Commissioner Carollo: As amended. Commissioner Reyes: As amended. SR.2 ORDINANCE Second Reading 4403 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "BUILDINGS/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 10-4 OF THE CITY CODE, ENTITLED "BUILDING PERMIT FEE SCHEDULE," TO PROVIDE TEMPORARY CERTIFICATE OF OCCUPANCY FEES FOR A PHASED PROJECT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13784 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For additional minutes referencing Item SR.2, please see "Public Comment Period for Regular Item(s)." City of Miami Page 56 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: Madam City Attorney, read SR.2 into the record, please. The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: Moved. Commissioner Gort: Sponsor. Commissioner Reyes: Second. This is sponsored by Commissioner Gort. Commissioner Reyes: Yes, sir. Chair Hardemon: Seeing no discussion, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. SR.3 ORDINANCE Second Reading 3374 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "HISTORIC PRESERVATION," TO ALLOW FOR THE TRANSFER OF DEVELOPMENT DENSITY FROM HISTORIC RESOURCE SENDING SITES TO CERTAIN RECEIVING SITES, LOCATED WITHIN TRANSIT ORIENTED DEVELOPMENT AREAS WITH CERTAIN REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13785 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Commissioner Hardemon: Read into the record SR.3. The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): And it has a PZ.1 companion that we can hear later on this afternoon. Vice Chair Russell: I'll make the motion. Commissioner Carollo: Second. Commissioner Reyes: Question. Chair Hardemon: It's been moved by the Vice Chairman; second by Commissioner Carollo. City of Miami Page 57 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Reyes: Question. All the modifications that were included in the -- between the first reading and this one, right? Francisco Garcia: Good morning, Commissioners. Francisco Garcia, Planning & Zoning Director. As set forth in our respective briefings, the corresponding amendments have been made and are included in this version. Commissioner Reyes: Okay. I just want it to be on the record. Mr. Garcia: Thank you, sir. Chair Hardemon: Commissioner Gort, you're recognized. Commissioner Reyes: Thank you. Commissioner Gort: Let me ask a question. Do we have any deduction of parking takes place in this --? Mr. Garcia: Absolutely not. Commissioner Gort: Because let me tell you the problem that we're having right now, especially in my district, and I'm sure every district here has had the same problem. In order to be able to provide affordable housing, we have been -- reduced the need for parking in those buildings. But my understanding is the thought is that people 90 years old don't drive or after a -- the senior citizens don't drive. That is proven wrong. We have seen people driving till 90 -- in the 90s as -- and you can see the problems in all those public buildings where there's parking all over the place. And we have a lot of problem with parkings [sic]. So I want to make sure there's no reduction of parking taking place in the transaction. Mr. Garcia: Thank you for the opportunity to address it. There is absolutely no mention to any parking reductions, whatsoever, as part of this ordinance. That said, the bigger issue -- and you've certainly brought it to our attention many times -- is that the assumption that more affordable housing comes with a lesser need for parking is not an assumption we should be made -- we should be making in recommending projects for approval. What instead we are moving towards is a scenario where the projects are evaluated on a case -by -case basis, and it is not an as -of -right reduction. It is a reduction that can be requested and subsequently analyzed as appropriate. Commissioner Gort: Okay, thank you. Chair Hardemon: Any further discussion? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Ms. Mendez: As amended. Commissioner Gort: Sorry I wasn't here for my ordinance, but thank you. Chair Hardemon: The -- FR.1, please read into the record. Todd B. Hannon (City Clerk): Sorry, Chair. Madam City Attorney, the amendment was --? My apologies. City of Miami Page 58 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Ms. Mendez: The Planning Director said that certain amendments were made. I'm just referring to it, "as amended," and we will confirm that. Chair Hardemon: Between first and second reading, I'm assuming. Vice Chair Russell: It's as printed in this agenda. Chair Hardemon: Right. Mr. Hannon: So as -- it is voted on, as is; no amendments made on the floor? Chair Hardemon: Correct, right. Ms. Mendez: If that is what the Planning Director is recommending, I am advising that it is better, "as amended," so that we can make sure that all the changes were made; however, if he says that they were made, then they were made. Mr. Garcia: The -- Chair Hardemon: The statement is "as amended," but if there was no -- if there were no actual changes that we recommended on this -- I just want it to be known. I want to be very clear. Mr. Hannon: But it makes a big difference for me, because it's the way that I record the action; and so, it's how it's going to reflect in the minutes, as well as in our marked agenda, and on the legislation, so that's why it's very important. Chair Hardemon: But there were -- but I want to be clear that there were no floor amendments. Mr. Hannon: Understood. And so, it seems as though the legislation, as it went to print on the agenda, was what was voted on, with no additional changes since the item went to print. Chair Hardemon: That is correct. Mr. Hannon: Understood. Chair Hardemon: All right. END OF SECOND READING ORDINANCES City of Miami Page 59 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 4465 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," TO INCLUDE SECTIONS 8-1 TO SECTION 8-7 IN A NEWLY RENUMBERED ARTICLE I, ENTITLED "GENERALLY," MORE PARTICULARLY BY AMENDING SECTION 8-5, ENTITLED "PARENTS AND GUARDIANS NOT TO PERMIT VIOLATIONS OF CHAPTER," TO ADD A SAFE DRIVING REQUIREMENT, ESTABLISHING A NEW ARTICLE II, ENTITLED "MOTORIZED SCOOTERS," ESTABLISHING A ONE (1) YEAR PILOT PROGRAM FOR MOTORIZED SCOOTERS WITHIN COMMISSION DISTRICT 2; PROVIDING RULES AND REGULATIONS FOR THE OPERATION OF MOTORIZED SCOOTER SHARING SYSTEMS WITHIN THE CITY OF MIAMI ("CITY"), SPECIFICALLY PROVIDING FOR APPLICABILITY, POLICY STATEMENT, DEFINITIONS, PURPOSE, SCOPE, PROCEDURES, MINIMUM FLEET SIZE, ADJUSTMENTS OF FLEET SIZE, OPERATING REGULATIONS, PARKING, OPERATIONS DATA SHARING, INFRASTRUCTURE FUNDING, AND MINIMUM LICENSE REQUIREMENTS (INCLUDING A NON-REFUNDABLE LICENSING FEE, A MOTORIZED SCOOTER FEE, INDEMNIFICATION, INSURANCE AND BONDING), CODE ENFORCEMENT, REMOVAL OF SCOOTERS, AND OTHER REMEDIES, RESPECTIVELY; PROVIDING FOR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS; PROVIDING FOR A REGULATORY FEE ; PROVIDING FOR A RESERVATION OF RIGHTS TO ISSUE A REQUEST FOR PROPOSALS (RFP)OR SIMILAR DOCUMENT; PROVIDING FOR A RESERVATION OF RIGHTS TO ESTABLISH NO SCOOTERS ZONE(S); PROVIDING A SUNSET PROVISION OF OCTOBER 31, 2019; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item FR.1, please see "Public Comment Period for Regular Item(s)." Chair Hardemon: FR.1. Commissioner Carollo: It's an ordinance. Victoria Mendez (City Attorney): Chairman, which one? Which one? Chair Hardemon: FR.1. City of Miami Page 60 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Carollo: FR.1. I move it. Vice Chair Russell: I'll second it. Chair Hardemon: Can you read it into the record, please, Madam City Attorney? Let her read it into the record first. Ms. Mendez: I'm sorry. FR (first reading) --? Commissioner Gort: 1. Chair Hardemon: FR.1. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Now you're recognized, counselor. Vicky Leiva: Thank you. For the record, Vicky Leiva, with the law firm of Bilzen Sumberg, offices at 1450 Brickell Avenue. Through the Chair, I just wanted to confirm that this is only applicable to scooters, and no other type of transportation; is that correct? Chair Hardemon: I believe so, but our City Attorney can confirm for us. Commissioner Reyes: Yes, sir. Chair Hardemon: I think this section is just referring to certain things, but it's about scooters. Did you hear her question? Ms. Mendez: Yes. It is stating -- this legislation right now is about scooters. I don't know if there will be an amendment on the floor for anything else. Chair Hardemon: It's about scooters as of now. Ms. Leiva: Well, then I will not take your time, unless there is an amendment; then, I will have to speak to it. Chair Hardemon: I'd appreciate that. Thank you. Commissioner Reyes: Okay. I have a couple of questions about this, and you know how I feel about this. I have stated that I had a life safety issue with these scooters, particularly in our sidewalks, driving at 60 miles an hour. And I can tell you about my district that that is an accident waiting to happen. When I had -- Commissioner Carollo: Can I --? Commissioner Reyes: Excuse me, sir. Commissioner Carollo: It's going to make you happy. Commissioner Reyes: Yeah -- Chair Hardemon: Let him finish though. Commissioner Reyes: Okay. Commissioner Carollo: Well -- City of Miami Page 61 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Reyes: Commissioner Carollo -- Commissioner Carollo: -- I made the motion for discussion; not necessarily that I'm going to vote for it. Commissioner Reyes: Okay. But this is a big issue that in our sidewalks -- most of our sidewalks, particular -- and I know this is -- only will apply -- it's a pilot program that will apply only for District 2, but I want to make sure they will not spill into my district, where there is a lot of elders that they use the sidewalk, and there is a lot of people that -- I mean, young mothers, that they have a stroller, and people on -- that they are on wheelchairs, that they are -- they use our very narrow sidewalks. A collision between a person that, let's say, weighs 160 pounds and any individual -- a kid, an old man or a young man -- that a person is driving at 60 miles an hour, it could be fatal. As I -- One question that I want to ask is this: You see, we have -- One of the most progressive cities on the whole world is San Francisco; avant- garde. They fried everything. They outlawed the scooters. Denver, you can go and smoke pot if you want to. They outlawed the scooters. The Washington Post has an article that said, "As electric scooter use increases, so do trips to the emergency" -- or "to ER (emergency room)." I mean, we to be very careful what we are doing. I know that many people speaks about -- and it is involved now -- the last mile. But the last mile from a person that is going to be -- use the scooter in Northwest 7th Street, and the closest, closest rapid transit -- I mean, or the Metrorail Station -- is more than a mile; it's about four or five miles, you see. What I want to -- I'm trying to say is that we have to be very careful with this. And if it's going to be on in District 2, I also have a question of finances. Who is going to be responsible picking these up? Because I seen it -- and I've done my research, and there are tons of pictures of scooters in the middle of the sidewalk, scooters in other cities, and I don't see why we going to be different. Scooters right -- blocking streets, even in streets. Who is going to be picking it up? Who is going to enforce it; our Code Department? And we don't have enough inspectors to inspect Carollo's Calle Ocho or Flagami. I mean, and now, we going to make in there the scooter police? You see? And who is going to pay for that? We will have to hire more. Our budget does not allow for additional scooters inspectors, because you are taking them from a job that they should be doing, and they should be doing it real -- I mean, put -- have more emphasis in that job. And now, you are going to make them go around the City of Miami, "Oh, there's a scooter here. Come here." And then, they have to call and all of that. That entails cost. That entails cost. Now, is that going to be covered by the people that rents those scooters? And another thing that I want to ask about this legislation that really concerns me, you say it's a pilot program. And 180 days later, you see, then we will have an RFP (Request for Proposals) if it is decided. Well, in my opinion, a pilot program is a whole year. And after the whole year, we need a report, a comprehensive report, you see; a comprehensive report of how this program worked. And I (UNINTELLIGIBLE) to rate that I'm totally opposed to these scooters on -- at 60 miles an hour in our sidewalks. They are going to create a lot of injuries; not only to the riders, but people that are walking in those sidewalks, and I -- That's all my comments, and I want to hear your comments. Chair Hardemon: Commissioner Gort. Commissioner Carollo: You saved me a lot of time. Commissioner Reyes: I did? Commissioner Gort: Let me tell you, my question -- Commissioner Reyes: Thank you, sir. City of Miami Page 62 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Gort: -- is that we are sure that it's going to be a pilot program in District 2. I don't have any problem. They've been pushing this for a while, and let's see how it work. But I'm worried about the insurance. I want to make sure that the City will not have any liability, because I can promise you, there are going to be a lot of accidents. There's going to be a lot of -- and they're going to be suing the City right away. So Madam Attorney, I want to make sure that they carry enough insurance so the City can be protected. I know the City is going to be sued, but I want to make sure there's no liability to the City. Ms. Mendez: Yes. There will be a tight indemnification agreement, and hold harmless. Commissioner Gort: Okay. Chair Hardemon: Vice Chairman. Oh, you want to --? Commissioner Carollo. Vice Chair Russell: You're welcome to. Commissioner Carollo: What would you prefer? Vice Chair Russell: Thank you very much. And gentlemen, thank you for your indulgence on this pilot program in my district. So, Commissioner Reyes, I understand and I agree with a lot of your concerns, so I'd like to just go through them, one by one. The question of "Who is going to pick these up?" was the first thing. And that's what we should be most worried about, because where all the other cities have gotten it wrong, I believe our legislation will get it right. Los Angeles just approved a pilot program with 10,000 scooters, and what's missing from a lot of these is how to keep our residents from walking into these, where they're blocking the right-of-way, blocking ADA (Americans with Disabilities Act), blocking a store. And so, in this legislation, what it says is, "We give them some notification if we see one out of place." That's not going to do much. There's a phone number that we make them list on there, which is their number, so if someone sees it and they call a hotline, they know to come get it. That's not enough. Who could regulate this without cost to the City? Code Department does not have the bandwidth, just like you said. I had thought of the NET (Neighborhood Enhancement Team) Office; again, not the bandwidth or the technology, or the manpower. I've spoken with the MPA (Miami Parking Authority), and they will be the monitoring agency for this in the pilot program in my district. And what I'm envisioning here -- and I've worked this out with Mr. Noriega -- is a few pickup trucks with his employees who are going around, and without waiting 30 minutes, without waiting two hours, if they see one where it's not supposed to be, they pick it up immediately and take it back to an MPA station, and the cost of that is borne by the companies, because they will pay $25 to get it back from the MPA, which will additionally be a revenue to us. So that's just to address that concern, and I think that they're the right agency to do it. They're on the streets regularly, they have the manpower, and considering some of the other increases potentially to their fees today, they will certainly have the bandwidth to do it, and it'll be paid for through these fees. Commissioner Reyes: Yeah. Vice Chair Russell: The other districts' concern -- and I very much want to respect this. Nobody will be able to apply for this pilot program if they do not have the technology to geofence and keep the scooters from being started from outside of my district. So no one can initiate a ride outside my district and their companies cannot be placing them outside our district. And if anyone gets outside of our district, they and/or the MPA can grab them immediately. So I want to respect that very much, because I don't want the pilot to go south, because it doesn't work out for that City of Miami Page 63 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 reason. The RFP issue, the reason I made the tinting as a one-year pilot with a six- month potential RFP is so that as we go through the RFP process, we don't have to stop the service that we're offering to our residents. If it's not working out, the pilot program's going to die. But if the -- at the six-month period, what I'd recommend -- and I think what you've asked for is really good -- is that at the six-month period, the Manager gives us this report, and that way, while he's evaluating the report, crafting the RFP, putting it together, the service is not interrupted, but we'll get that report. And so, my ask is -- in a sense, it's like a six-month pilot and then a report, but then between the pilot and the end of the RFP, we continue; we don't stop the service, because one thing we don't want to do is create a demand for something that residents like or we're getting right, and then just stop it. And then the insurance, I'll let the City Attorneys reference that. Commissioner Reyes: Let me ask a question. Mr. Noriega, can I --? Please step up to the podium. And the burden of picking them up or policing them -- let's call it what it is -- policing this is going to go -- you are going to assume all that burden. That entails cost. Where are you going to get all that money? Art Noriega: So what I -- Commissioner Reyes: And as a matter of fact, let me ask you, when -- We had a conversation that you said that as enforcement is increased, you see, so are the revenues for the City. And one of the problems that -- with revenues from your department is enforcement, you see. So we -- you suggested that you were going to increase the enforcement. So you're going to take enforcers away from enforcing parking tickets into picking up this --? Mr. Noriega: No; no, sir. So remember, our enforcement officers are already in the field, so I'm not adding any additional manpower. As they enforce an area -- they really are assigned a zone. As they see scooters that are either illegally parked or -- I know there's a -- there will be a threshold for if they stay past a certain hour of the day. Remember, I have enforcement as late as midnight; at 2 in the morning in a lot of areas. Commissioner Reyes: Right, okay. Mr. Noriega: So we also have the ability to cover a wide range of the day in terms of -- Commissioner Reyes: Yes. Mr. Noriega: -- time, and seven days a week. So I already have the manpower, so there's no additional cost. I already have the vehicles, because my enforcement officers drive a vehicle that has capacity in the back already, because we do put what we call gorilla posts out on the street that -- for valet or for meter rentals, and that kind of thing. So we have -- those vehicles have the capacity already. So we can just literally use the existing vehicles we have, the existing enforcement staff and whatever fee is generated relative to storage would really cover whatever addition -- minor cost, and the balance of it would go back to the City. Commissioner Reyes: So you're a businessman and you have a business mind. Mr. Noriega: Sure. Commissioner Reyes: Okay. If a person is doing a certain type of job and stop doing that job in order to do another job, you see, there's cost implied in that, you see. It costs -- City of Miami Page 64 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Mr. Noriega: There's efficiency cost, correct. Commissioner Reyes: That's right, because if they are not doing -- I mean, this is efficiency cost, right? And don't -- Mr. Noriega: (UNINTELLIGIBLE) economists agree. Commissioner Reyes: -- I will not, I will not accept the idea or the argument that, because we have people that we're already paying on it that there is not cost. Yes, there is a cost, because if that person is not doing their duties and then they step aside from those duties in order to do another duty, that person is paid during that time -- Mr. Noriega: Correct. Commissioner Reyes: -- by the taxpayer or by you. Mr. Noriega: Correct. So let me -- Commissioner Reyes: Okay. So there is cost. Mr. Noriega: No, but let me work through the economics. If it's a $25 fee to obtain and store the scooter -- a parking ticket cost $18. If I do the math, the economics work out in our benefit in terms of the City, because we actually make more money off of confiscating a scooter than we would be writing a ticket, anyway. So -- Commissioner Reyes: Well, change our duties, then, and have the scooters, and forget all the parking. Mr. Noriega: Well, no, I don't think so. Commissioner, look, I -- Commissioner Gort: That's still Code Enforcement. Mr. Noriega: -- in my conversations, look, I agreed that it would be a -- more thanlikely -- landing spot for us to be the responsible entity within the City to do this, because we have the capacity in terms of infrastructure. Remember, when you get to the aspect of calling these in, in particular, I have an existing command center that manages all of my facilities, so the communication aspect of it also is much quicker. Our response time will be much quicker. Commissioner Reyes: That is not my question, sir. Mr. Noriega: I know. Commissioner Reyes: My question is dollars and cents. Mr. Noriega: Agreed. And so I -- Commissioner Reyes: It cost money. Mr. Noriega: -- it will cost efficiency, correct. Commissioner Reyes: It cost money. Just to stop and call and say, "Come and pick them up," that time -- Mr. Noriega: I know. City of Miami Page 65 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Reyes: -- has a value. Mr. Noriega: I know. But we're also not doing it for free. They -- the company has to pay a fine for doing that. So you're not just adding this additional responsibility without -- not generating a fee or some sort of income stream; that's worked into the legislation. So in the overall picture, I think it'll be a wash. I think it'll be an even balance. Commissioner Reyes: Well, and then -- Mr. Noriega: And by the way, that's why we're doing a pilot, because in very short order -- Commissioner Reyes: Okay. Mr. Noriega: -- we're going to know whether or not that actually -- Commissioner Reyes: I do understand that it is a pilot, but you -- I want you guys to know, and for the record, what my position in this is. And for the record, I want to know -- I want everybody to know there is a life safety issue with these scooters, and I am not -- I'm not making it up. I can bring you articles after articles -- and by the way, L.A. (Los Angeles) been bringing them back, but after a lot of pressure, but they - - as a pilot -- but they banned them. Mr. Noriega: And -- Commissioner Reyes: And when California, which is the most avant-garde, you see - - it is not -- I mean, don't do nothing -- doesn't want to have them around, I don't see why we have to bring them, and that's my comment. Mr. Noriega: And you know, as well as every other Commissioner at the dais, whatever concerns or feedback you have as this program is implemented, all you have to do is call me and say, "Hey, look, I'm getting concerns from residents," or particular business owners who may be being impacted, because these are being left in a certain area, and we'll work together on this. I -- this is a new territory for all of us, I think. I think it's going to be a work in progress, and I -- but I don't want the impression to be that we'll make economics be a deterrent, because if economics are an issue, then we'll address that immediately. Commissioner Reyes: No, it's going to be an issue. Mr. Noriega: So -- Commissioner Reyes: I mean, and if you are going to be -- that's going to be a holiday for people that they have parking meter spies. Your people are going to be picking up scooters. Chair Hardemon: Commissioner Carollo. Commissioner Carollo: How come nobody has mentioned New York City? Wasn't there a problem there with the scooters? I thought that's where it started, and they got cancelled out there, also. But anyway -- Mr. Noriega: Yeah, I don't -- Commissioner Carollo: -- Commissioner Russell, this is your district. And there are many areas that I do feel that a Commissioner should have a say-so within their own City of Miami Page 66 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 district; this is one of those. This is why I made the motion; even though I certainly don't want them in my district, and I'm going to tell you why. In my district, I'm having a humungous problem with bicycles in the sidewalk, people getting hit, getting hurt; even tourists, I've been told, and the scooters is only going to create an additional problem for us. In all of my district, no matter where I look at it, it's not suitable for that. So I just want to make sure that this is also not going to be a pilot program that ends up going into all of our districts. I do feel, however, that if there is a district that could have the opportunity of maybe being more successful for the scooters is yours, because you have a lot of parks, wide areas that could make it easier for them to operate. And I'd like two things, though, that you could commit to: One, that you'll support me so that some of the blind Code Enforcement officers and blind Off -Street Parking enforcers that I have in my district could be switched to your district so they could patrol those and I get some people that are going to have their eyes wide open; and particularly late at night, those hours that Art was talking about. The other one is -- and I heard what you stated, how the ordinance was put together. I'd like for it to be, instead of a whole year, a six -months period where we should really know how this is going to go; have the Manager come back in five months to give a report so that if it works and it's working, we could then extend it for another six -months trial period for a whole year. But if we see that it's not working at all -- and, you know, we'll be as respectful to you as we should be in your district -- then we don't have to suffer through a whole year. But I think if it comes back in five months, we would accomplish what you wanted; that if it's working, you know, this doesn't drop off and time lapse before it's approved for additional time, so if you could make that change in the ordinance. You know, it's your district, you're responsible for it. I -- you know, I respect that. I don't want it in mine, because mine is different than yours. We don't have all these parks here. I mean, you have a huge area just in Coconut Grove from Peacock Park all the way to Kennedy, and then you have other areas beyond the Grove that are wide areas. In the northeast, you have wide areas, also. And, look, it's a different demographics. You know, you have younger people here, also, than we do in our districts. So I'm respectful for your wishes in that. I just don't want to give it more due time if it's not working than is needed, but at the same time, protect what you requested; if it is working or we need a little more time to see if it's really going to work -- might be borderline -- that you do have it. Commissioner Reyes: I want to add to what Commissioner -- I'm sorry -- your name -- before it gets out of line. The -- there's -- I don't have it right here in front of me, but the ordinance reads, you know, you see, that the -- after 180 days, the Administration will start an RFP. I think that the RFP should come from us. The directive for an RFP should come from this Commission after this -- the Commission analyzes all the reports, all the pros and all the cons. And it should be this body decision if an RFP should be initiated or not. This is my opinion and that I would like to increase -- include that in the -- in this pilot program, you know. Vice Chair Russell: Fair enough. Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: I do understand; very valid concerns. I -- one thing to consider if we do cut it from a year pilot down to a six-month, currently, the license fee to join the pilot program is $50, 000 per company. I was expecting about four or five companies to come in as an expectation, but it's -- we have to leave it wide open, because it's a procurement issue otherwise, but that would give us about $250, 000 with which to make sure that the City has everything they need to mitigate the effects, and that includes the technology to be able to watch and monitor, you know, real time where all the scooters are, whatever manpower we need so that there is no financial burden. So this would cut that in half, and we were hoping to have that City of Miami Page 67 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 upfront, and that way, we got that amount. But we could do a six-month, and then, you know, in the second six-month recharge the -- you know -- the amount again. I'm open to considering that between first and second. They're all very valid points. I do just hope for your support on first reading so that we can -- Commissioner Reyes: Yeah, but -- Vice Chair Russell: -- see what we can do with this. Commissioner Reyes: -- I just want to make a comment. You think that with $200, 000, you're going to cover all the cost that this is going to entail to police this? If you believe that, you should be in charge of our budget. Vice Chair Russell: So the potential 250, in addition to the $25 per scooter picked up, in addition to $1 per scooter per day on our roads will create a significant revenue for the City. Commissioner Reyes: $200 and we going to be policing it. Okay, that's fine. Chair Hardemon: If not -- ifI may -- Commissioner Carollo: So you've agreed to the six months and the Manager comes back within five with a report? Vice Chair Russell: I'm -- yes. And I'm -- Commissioner Reyes: Yeah, everybody. Vice Chair Russell: -- definitely open to making sure an RFP does not happen automatically -- Commissioner Reyes: No. Vice Chair Russell: -- that we do an evaluation. I think you're absolutely, absolutely right. Chair Hardemon: So then the mover and the seconder agree to that amendment? Commissioner Reyes: Yes. And I -- Chair Hardemon: Or to that modification. Commissioner Carollo: I'm the mover and -- Commissioner Reyes: And I'm the second. Commissioner Carollo: -- he's the second. Vice Chair Russell: No, I was the seconder. Commissioner Carollo: Oh, he was the second. Commissioner Reyes: Okay, sure. Vice Chair Russell: Yes, that's fine. Chair Hardemon: So there's a -- City of Miami Page 68 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Vice Chair Russell: We'll go six months with and -- Commissioner Reyes: And I think Commissioner Gort, he wants them in his district. Vice Chair Russell: -- my goal, though, is that if things are going well that we don't stop the program at the six-month period while we craft the RFP, while we look at the -- so my hope is that we have a seamless transition here if it's going well. If it's not going well at any point in the pilot program, we're going to stop this, because -- Commissioner Reyes: Okay. Vice Chair Russell: -- it's not working out. Commissioner Reyes: Okay. I -- Vice Chair Russell: But my -- and I'd like to say one last thing, and I apologize, Commissioner Gort. I know you wanted to say something. I'm open to whatever changes may come from this, whatever learnings we have; it may expand, it may retract. You know, bicycles, we have issues, but I'm -- I see the future there and I've seen, in traveling in other places, where the scooter -- electric scooters and electric bicycles have been successful. I'm open to that. I'm simply just trying to have a controlled pilot at the beginning, and I think we've got the mechanism here for the Administration and the MPA to help us do it correctly, so thank you. Commissioner Reyes: And also, we'd like a report from Mr. Noriega how much is it really costing them when you start thinking about it. Vice Chair Russell: A financial would be great. Chair Hardemon: Commissioner Gort. Commissioner Gort: That's fine. Chair Hardemon: All right. So I would like to say a few things. In short, I don't like it, in short, for a number of reasons that have already been put on the record, so I don't have to get into all of those. I ride motorcycles, and to ride a motorcycle, it takes a skill. And if you are outside a margin of error, you could lose your life, and people regularly lose their lives on motorcycles. And what they say about motorcyclists is -- it's two types of motorcyclists: those that have gone down and those that will go down. I've gone down -- Commissioner Gort: I, too. Chair Hardemon: -- so I know what that feels like. Commissioner Reyes: I've gone down. Chair Hardemon: It's not pretty. And I'm -- you know -- blessed to still be here. I sold my motorcycle, because I got a new daughter. I have a daughter, right? So they said, "Sell your motorcycle." I had another reason, too. I kind of keep that in the back of my head to make it sound like I'm not too soft; maybe I'll get another one -- I hope so, if my wife allows. Anyone who's ever ridden a motorcycle knows what it feels like to ride a motorcycle on grass; it's not meant to be there. It's not very pretty at all, because you lose the ability to maneuver on grass unless you're riding a sort of bike that's meant to be ridden on grass or gravel or dirt, or things of that nature. And so, you know, when I look at these scooters, they're motorized vehicles that undoubtedly take some skill. And if you don't think it takes skill -- I remember when City of Miami Page 69 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 these sorts of things came out without the motorization, you were buying them for your children. Commissioner Reyes: That's right. Chair Hardemon: You know, and all of you remember what the children looked like trying to ride on these sort of things by foot, falling, et cetera; and so, it really does take some skill. And it does scare me, as was put on the record, that, you know, the City would be engaging in allowing these -- what seems to be, without any -- what seems to be vehicles that could cause injury to people so haphazardly. I don't think that it should be ridden on grass. I think that you'll probably have an increase of people going down on grass; it's because it's not meant to be ridden in parks and things of that nature. And, you know, I come from a neighborhood where police officers routinely use the fact that you're riding a bicycle and you don't have a light illuminating in front of you attached to the bicycle, a brake light or -- not only a brake light, but a light illuminating behind you, they use that to stop you. They use that to engage. They use the fact that if you're riding on the sidewalk, you shouldn't be there. Bicycles should be ridden on the street. If you drive through a stop sign or if you fail to adhere to a traffic signal, they will stop you, they will search you, because, hey, you shouldn't do that. In a city where we allow thousands of people to ride bikes in mass transit and blow traffic signals routinely, and people get stuck in traffic for 20 minutes, they allow people to pass by on bicycles. And, you know, I've always -- our city is amazing, how we do things. And so, it's just -- when I think about these and I think about the people who will be walking on the sidewalk, and how is it that the individuals who ride these motorized vehicles are going to interact with pedestrians and people who are driving either -- what I absolutely have a severe disdain for -- scooters, because people who ride scooters typically have less skill than those who ride motorcycles. So scooters, cars, pedestrians, I mean, how all of this is going to interact in busy areas, such as downtown, and that's my fear about it, in the downtown area. But I will say that to give, you know, our dear Commissioner an opportunity to roll out a program that he believes is going to make a big difference in his neighborhoods is something that I think all of us respect; and so, that's part of the reason why I'm going to support you in this. But I want it to be clear, and I'm sure my colleagues agree with me that by no means -- and this is to the industry -- that this is not, you know, the camel's nose under the tent. And, you know, I'm sure there's lots of money to be made, and that's why everyone's trying to do this in our community, but we -- when I look at images all across this nation of these motorized scooters all over the place in cities; in grass, in swales, sidewalks. I tried to move one when I was in LA. It did not move. It -- you know. So I -- you know, I've seen them in person, I've touched them, I've dealt with them before; and so, you know, I just don't think that it's a smart thing, and that's my opinion. But I will give you an opportunity in your district to give this thing a shot. I just really hope that, you know, it ends up positive for you, and it doesn't cause any real issues for the City moving forward, but it's something that I advise that we look at keenly to ensure that there is no harm that comes to the people who live in our communities. And the thing about it is this: I don't mind going to buy a motorized scooter. You know, if you live downtown and you can afford to buy a motorized scooter, you ride it to and from work and it gets you around, great. But I think when you start talking about leasing them out -- Mr. Noriega: Sure. Chair Hardemon: -- in short time spans -- Mr. Noriega: Hundreds of them. City of Miami Page 70 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: -- and it becomes much more of an issue. So that's all that I have to say about it. We're past our 12 o'clock lunchtime. I know we have a lot on our agenda, so we want to get to the vote on this. So if there's no further discussion on the item, all in favor of the item -- Commissioner Carollo: Well, no, no; there is now after you made your statement. I want to make sure we have enough money in case we get a lawsuit -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- and these people go under. Chair Hardemon: The City Attorney stated they're going to have us -- they're going to hold us -- indemnity. Commissioner Gort: That was my first question. Commissioner Carollo: Yeah, they're going to indemnify us. However, you know how that works. Unless there's a bond, if they indemnify us and the -- what they got to pay is bigger than what they have, they could, you know, declare bankruptcy. Now -- Ms. Mendez: Well, we -- Commissioner Carollo: -- it -- Ms. Mendez: -- we're requiring insurance and hold harmless; not just their word. Commissioner Carollo: -- well -- Ms. Mendez: And the Manager has stated that if the insurance requirements are not what our Risk Department is expecting and what we would do that he would not sign it. Commissioner Carollo: Hey, I want to know now what the insurance level is going to be, because frankly, counselor, after your statement, if there's a lawsuit, the first thing that an attorney for someone that gets hurt is going to do, he's going to get the statements there. They're going to get yours; they'll be the first ones. And they're going to say, "See, the City should have knew better. Look what was said" So I want to make sure that we know what in hand we're going to have if -- in case these guys go under, they disappear, and then we're left holding the bag. First of all, it's full indemnification, but that's not enough, because they could go under. So I want to have some kind of insurance bond that's going to be high enough. And right now, the normal million that we ask or so, in something like this, I don't see it anywhere near enough. I want to see nothing less than 5 million, at the very least. Chair Hardemon: The -- between first and second reading. Commissioner Reyes: I agree with that. Chair Hardemon: So we have an opportunity. So I would advise that we move forward -- Commissioner Gort: Yeah. Chair Hardemon: -- with the Commissioner's item; approve first reading. City of Miami Page 71 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Carollo: One last thing. The lobbyist for the firm, Mr. Llorente, can I get you up here for a second? Thank you, sir. If you could just state your name for the record, sir. Michael Llorente: Sure. Mike Llorente; Llorente Heckler, 801 Arthur Godfrey Road. Commissioner Carollo: Thank you. These scooters are made where? I'm assuming that it's China, but I want you to tell me in case I'm wrong. Mr. Llorente: Commissioner, I can get back to you with that information. Commissioner Carollo: Okay. Mr. Llorente: I don't have it on hand. Commissioner Carollo: Well, assuming that it's China, what I'd like for you to bring back to your people is the following: That if this trial period works and we don't have any problems in District 2, will they be willing to open up a factory in Miami to manufacture them here instead of in China? Mr. Llorente: I'm happy to take this conversation back to the client. Commissioner Carollo: If you could bring that back before second reading, I'd appreciate it. Commissioner Gort: And from here, they can be exported to Latin America and the Caribbean. Commissioner Carollo: Well -- Commissioner Reyes: That's right. Commissioner Carollo: -- yeah. Chair Hardemon: Not if they got to pay $15 an hour. Commissioner Carollo: And if anybody in the rest of the country allows them there, also. Commissioner Reyes: Now that you're asking, "Where did they come from?" and all that, the companies, are -- they are American owned; the ones that are operating this, or they are Chinese owned? Mr. Llorente: Commissioner, I can speak for our client, which is Lyon (phonetic), which is an American -owned company. It's based in the United States. Commissioner Reyes: Because I heard that there are a bunch of American -owned companies -- I mean Chinese -owned companies -- that they are establishing this business in the United States, so we just want to know where they come from. Mr. Llorente: I am aware of a couple of Chinese companies or China -based companies that are in the dock -less bike space. Commissioner Reyes: Yes, sir. Mr. Llorente: I'm not sure in -- City of Miami Page 72 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Reyes: Okay. Mr. Llorente: -- you know -- if that's the case for scooters. Thank you, Commissioner. Commissioner Carollo: And please let your clients know that they're going to pay a real high duty soon, if not already, so it's something they should consider; made in America. Chair Hardemon: Commissioner Gort. Mr. Llorente: Thank you. Commissioner Gort: Yeah. The other thing I want -- I'd like to add for the second reading, I think the individual -- I really think they should have a sheet telling what the rules and regulations should be and the traffic regulation, because a lot of people don't understand. When you're on a bike, you cannot cross a corner without stopping. You've got to get off the bike to do that. A lot of people don't understand that, and I have avoided a lot of accidents to do that. Also, at the same time, they got to follow the regulations; the regular regulations that everyone else have to follow. I think they should be aware of the rules and regulations. Okay? Commissioner Reyes: This bike -- I mean, these scooters, they're going to be only -- I mean, they're going to only be on the sidewalks; they're not going to be on the streets, right? Commissioner Gort: No. Vice Chair Russell: It'll be both; just the -- Coral -- Commissioner Reyes: Both? Vice Chair Russell: -- Gables is doing this in their pilot program, and it's going very well. Commissioner Reyes: Oh, Ooh. Chair Hardemon: Like this. Commissioner Reyes: Oh, yes, yes. I mean, that's going to accelerate traffic a lot, particularly at 4 o'clock. You have two scooters in front of you, and then you want to go around them. That's smart. Chair Hardemon: No, but look -- Commissioner Carollo: Let's just make sure that there's no medical marijuana for the drivers. Commissioner Reyes: That's right. Vice Chair Russell: Thank you, gentlemen. Commissioner Reyes: That's smart. Commissioner Carollo: We might have the problem that Colorado had. Chair Hardemon: All in favor of the item, say "aye." City of Miami Page 73 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Commissioner Carollo: With the amendments that were made. Chair Hardemon: That is correct. So -- Todd B. Hannon (City Clerk): As amended. Chair Hardemon: -- I want -- be very -- listen. We're going to be in recess of the Miami City Commission -- yeah, recess of the Miami City Commission meeting until 2 o'clock. We come back at 2. Commissioner Carollo: 2 -- Chair Hardemon: But I need to do this -- Commissioner Carollo: 2:30? Chair Hardemon: -- we have -- Ms. Mendez: We have a CRA (Community Redevelopment Agency) meeting. Chair Hardemon: Right. We have a CRA meeting; two items on the agenda. I need my -- the Executive Director to come up here right now, and we can do that in two minutes. Vice Chair Russell: Your lunchtime. Commissioner Carollo: Can we make it 2: 30? Chair Hardemon: If you'd like to -- Vice Chair Russell: Yes, please. Chair Hardemon: 2:30 is fine. Commissioner Carollo: Recess till 2:30. Chair Hardemon: All right. Recess until 2..30. City of Miami Page 74 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 FR.2 ORDINANCE First Reading 4656 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION ABOLISHING THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") BY AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY BY AMENDING SECTIONS 2-887(B) AND 2-892(4)(A)(1) TO DELETE MSEA FROM SAID BOARDS; AMENDING CHAPTER 2/ARTICLE XI/DIVISION 6 OF THE CITY CODE, TITLED "SPORTS AND EXHIBITION AUTHORITY," MORE PARTICULARLY BY REPEALING SECTIONS 2-1011 THROUGH 2-1023 IN ORDER TO ABOLISH MSEA; AND BY AMENDING CHAPTER 18/ARTICLE III OF THE CITY CODE, TITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE PARTICULARLY BY AMENDING SECTIONS 18-72(A)(2) AND 18-74(C)(6)(R) TO DELETE MSEA FROM THE PROVISIONS OF THE MIAMI PROCUREMENT CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Notes for the Record: Item FR.2 was continued to the October 11, 2018, Regular Commission Meeting. For additional minutes referencing Item FR.2, please see "Public Comment Period for Regular Item(s)." Chair Hardemon: Commissioner Gort. Commissioner Gort: Mr. Chairman, I would like to request that this go back. I wanted to defer this. This should be -- go back to the board and the board should address these issues. At the same time, the board she address a lot of the issues that's been brought up with the executive directors. A lot of statements that has been made and I think they need to be clarified in the board, and then come back here. I don't have any problem with that. Chair Hardemon: It's been moved by Commissioner Gort. Commissioner Carollo: I second that, Commissioner Gort. Chair Hardemon: Moved by Commissioner Gort -- Vice Chair Russell: Discussion. Chair Hardemon: -- seconded by Commissioner Carollo to defer the item. Do we know what date? City of Miami Page 75 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Todd B. Hannon (City Clerk): September 27; that is the next City Commission meeting. Commissioner Gort: That's fine. Mr. Hannon: We'll defer it till September 27. Chair Hardemon: That's the next meeting. Next meeting. Is that enough time? Commissioner Reyes: Could we do it a little bit longer? Because I think there's a lot of things that have to be finite. Commissioner Gort: What's the next meeting after December [sic]? Mr. Hannon: October 11 or October 25. Commissioner Reyes: October 25. Chair Hardemon: That's the motion. You're recognized, Mr. Vice Chair. Vice Chair Russell: Thank you, Mr. Chairman. I am in favor of the abolishment -- Commissioner Carollo: I second the 11 th. Vice Chair Russell: -- of MSEA. I am absolutely in favor of it. It was an early meeting on when I asked the dais, "Why do we have MSEA? Why can't the City manage these leases?" But I do share the concern that Ignacio brought up, and I have brought this up in my briefings. I was thinking it could be taken care of between first and second, but perhaps it needs to be done by MSEA. My worry is that these leases do not automatically transfer, and it triggers a Charter nightmare for us; and so, we want a seamless transfer. And it seems the most seamless transfer would be for MSEA to actually actively transfer theses leases back to us, and then we take care of the abolishment. Madam City Attorney, you seem to have concerns. Victoria Mendez (City Attorney): The Code is clear that the Commission has a right to abolish MSEA. Vice Chair Russell: Yes. Ms. Mendez: Any agreements that MSEA has would revert to the City. There really is not much else to do, but whatever the will of the Commission. Chair Hardemon: Perhaps. There's a motion on the floor; it's been properly seconded. Any further discussion on the motion? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: That motion carries. That is -- which one? What's the item number? Mr. Hannon: FR.2, sir. City of Miami Page 76 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 FR.3 ORDINANCE First Reading 4618 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 31/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)," TO ESTABLISH A NEW SECTION 31-51 OF THE CITY CODE, TITLED "FOOD TRUCKS," REGULATING FOOD TRUCKS AND FOOD TRUCK GATHERINGS WITHIN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item FR.3, please see "Public Comment Period for Regular Item(s)." Chair Hardemon: Madam City Attorney, can you read FR.3 into the record? Victoria Mendez (City Attorney): FR.3. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gort: Good afternoon, gentlemen. The reason I'm bringing this up, we have a lot of problems in my neighborhood. We have these little restaurants that set up themselves on gas stations, next to gas pumps. They're using all kinds of fire equipment and so on; no insurance. And my understanding is, if any things happen in there, since the City allow it to do so, we can be in violation, and we can liable for that. Chair Hardemon: Is that a motion, sir? Commissioner Gort: Yes. Vice Chair Russell: I'll second it. Chair Hardemon: It's been properly moved and seconded. Any further discussion on FR.3? Commissioner Reyes: What -- and this is the food truck, right? Chair Hardemon: Yes. Commissioner Gort: But it doesn't affect the -- their -- Commissioner Reyes: That's right. That's one thing that I want to make clear -- Commissioner Carollo: You're not going to be -- Commissioner Reyes: -- that it will not affect -- City of Miami Page 77 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Carollo: -- gambling out of food trucks, will you? Commissioner Reyes: Okay. Commissioner Carollo: No card playing in the food trucks'? Commissioner Reyes: Food trucks. No. I want to make clear, and I wanted for the record, to state that Magic City Casino and other venues that they have these facilities in which they bring the trucks -- Commissioner Gort: This is -- Victoria Mendez (City Attorney): If I may, I believe that the -- what we will do is for locations that have a certain square footage that the gathering can be within the establishment and not have any effects on neighboring -- Commissioner Reyes: Okay. Ms. Mendez: So we will tailor it between first and second reading to address that. I'm sure Mr. Prieguez will give valuable input. Commissioner Reyes: I have an additional request, an additional (UNINTELLIGIBLE). And as you well know, I had established `Movie Nights" in parks. Commissioner Carollo: Movie. Commissioner Reyes: Movie nights. Commissioner Gort: Movie nights, yeah. Commissioner Reyes: Movies. You go to movies. You know what a movie is? Unidentified Speaker: I don't know (UNINTELLIGIBLE). Commissioner Reyes: you know, I'm sorry; my accent. You know, it's -- Commissioner Carollo: No, no, no. Commissioner Reyes: -- it betrays me, you know. But we have movie nights, and sometimes come a couple of trucks, they'll be invited, or they will -- Commissioner Gort: Sure. Commissioner Reyes: -- come and provide food there, and that will not be affected? Commissioner Gort: That will not affect it at all. Ms. Mendez: An exemption for City property. Commissioner Reyes: Okay. Ms. Mendez: Okay. Commissioner Reyes: Okay. I -- Ms. Mendez: So we will make those -- City of Miami Page 78 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Reyes: -- do agree with what -- Commissioner Carollo: One day only. Commissioner Reyes: -- and I congratulate Commissioner Gort. Commissioner Carollo: One day only, right? Commissioner Reyes: Huh? Commissioner Carollo: One day only for films? Commissioner Reyes: One day only. Movie night is one day. Commissioner Carollo: Yeah. Commissioner Reyes: Okay. Commissioner Carollo: But I'm saying, not necessarily in the whole year, but you get a one -day exception. Commissioner Reyes: One day? No. I'll do it twice a year, man. Commissioner Carollo: Yeah, but (UNINTELLIGIBLE) saying one day within the month. Commissioner Reyes: Without -- within the month. Commissioner Carollo: Yeah. Commissioner Reyes: Oh, okay, within the month. That's it. Commissioner Gort: By the way, Manny, even if you don't -- Commissioner Carollo: For City properties, with the agreement of the district Commissioner. Commissioner Reyes: Yes, sir. Commissioner Carollo: So that in case we miss something -- Commissioner Reyes: Yeah. That's right. Commissioner Carollo: -- nobody else starts playing games. Commissioner Reyes: That's right; with district Commission approval. Commissioner Carollo: And this is for real food trucks that have real axles -- Commissioner Reyes: Yes. Commissioner Carollo: -- not like the make-believe containers -- Commissioner Reyes: Containers. Commissioner Carollo: -- that the distinguished Zoning director said, if they put axles on them, they would be food trucks, which would have made it illegal, anyway, City of Miami Page 79 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 for what they were trying to do; that's why they're not there. And then the City Manager was so gracious to go see it, and confirmed that the approvals that they were given weren't real, because the photos that we were sent were Photoshop. There were no axles on them, because they couldn't put them in; is that correct, Mr. Manager, when you saw it? Emilio T. Gonzalez (City Manager): Yes, sir. Commissioner Carollo: Okay. Ms. Mendez: So for real food trucks that move around -- Commissioner Carollo: Real food trucks. Commissioner Reyes: That have a motor. Ms. Mendez: -- that have peddlers licenses and those things. Got it. Understood. Mr. Prieguez: So we're going to clean it up, and we're going to do whatever needs to be done. Ms. Mendez: We will -- Commissioner Reyes: That's right. A -- Ms. Mendez: -- work with you on this. Commissioner Reyes: Manny -- Mr. Prieguez: That means I'll have to have two meetings with Vicky? Is that what that means? Commissioner Reyes: No. Commissioner Gort: Yeah. Commissioner Reyes: Don't worry about it. Ms. Mendez: It's going to be the same one. It's going to loop into it, so I don't have to see you twice. Mr. Prieguez: Thank God. Commissioner Reyes: Don't worry about it; it's not going to happen. Commissioner Carollo: How many food trucks do you have, Manny? Manny -- Commissioner Reyes: Don't worry about it; it's not going to affect -- Commissioner Carollo: -- how many food trucks do you have? Mr. Prieguez: None, Commissioner. Thank you very much. Commissioner Reyes: He's planning on buying one. Mr. Prieguez: Thank you very much. City of Miami Page 80 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Carollo: Listen, for the record, the more convincing side, the more intelligent side, the more -- Mr. Prieguez: Attractive side? Commissioner Carollo: -- polite side of the Prieguez family -- Mr. Prieguez: Attractive. You forgot attractive. Commissioner Carollo: -- lobbied all of us, so we were convinced. Mr. Prieguez: But you forgot attractive. Commissioner Carollo: And we wanted to make it easier for you. Mr. Prieguez: But you forgot attractive. Commissioner Carollo: Well -- Mr. Prieguez: I said it; don't worry. You didn't say it; I said it. Commissioner Carollo: -- I didn't get into that area. Mr. Prieguez: She's my cousin; I can say it. Commissioner Carollo: Yeah. Now you know why he brings the cousin over every time he comes now. Commissioner Gort: Okay. Chair Hardemon: All right. So -- Commissioner Gort: Call the question. Chair Hardemon: There was no amendment that was placed on the record on this thing, right? Ms. Mendez: No. We'll amend it between first and second -- Commissioner Reyes: Perfect. Chair Hardemon: Okay. So -- Ms. Mendez: -- based on what was discussed on the record. Chair Hardemon: -- any further discussion? Commissioner Reyes: No. Chair Hardemon: Hearing none, all in favor of that motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 81 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 FR.4 ORDINANCE First Reading 4365 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "SUBDIVISION REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION 55-8, TITLED "SAME - SAME - FINAL PLAT," SECTION 55-15, TITLED "VACATION AND CLOSURE OF RIGHTS -OF -WAY, PLATTED EASEMENTS, AND EMERGENCY ACCESS EASEMENTS BY PLAT," AND SECTION 55-16, TITLED "CONSIDERATION OF EASEMENTS AND ALLEYS WHEN ALLEGED TO BE ABANDONED AS A MATTER OF LAW," TO REQUIRE THAT SUBDIVIDERS OBTAIN CONFIRMATION FROM THE CITY OF MIAMI ("CITY") AS TO WHETHER THE CITY UTILIZED ANY FUNDS, INCLUDING RESTRICTED FUNDS, TO IMPROVE THE RIGHT-OF-WAY PROPOSED TO BE VACATED/CLOSED OR ABANDONED AND TO REQUIRE THE EXPENDITURE OF RESTRICTED CITY FUNDS UTILIZED FOR SAID IMPROVEMENTS OF THE RIGHT-OF-WAY BE REPAID TO THE CITY IN ORDER FOR A RIGHT-OF-WAY TO BE VACATED/CLOSED OR ABANDONED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Chair Hardemon: FR.4, please read it into the record. The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: I got quite a few questions on this one. Who sponsored this? Victoria Mendez (City Attorney): Commissioner Carollo. Commissioner Carollo: Oh. Don't have any other questions. Commissioner Reyes: I have a question on it that -- Well, let's move it, right? Commissioner Carollo: Yes. Commissioner Reyes: Okay. Commissioner Carollo: I would appreciate it. Commissioner Reyes: Okay. I will move it. Commissioner Carollo: Thank you. I second it. Chair Hardemon: Properly moved and seconded. City of Miami Page 82 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Reyes: And I have some questions moving forward, because I want to discuss it. Joe -- Commissioner Carollo -- Commissioner Carollo: "Joe" is fine. Commissioner Reyes: That's fine? Commissioner Carollo: Yeah. Commissioner Reyes: Okay. You see, is it -- ifI understand this right, you are -- you want the City to be, I mean, reimbursed of any --? Commissioner Carollo: That's all that we're asking for, for us to be reimbursed. Commissioner Reyes: To be reimbursed. Commissioner Gort: Yeah. Commissioner Reyes: But my question is, how are we going to determine? Commissioner Carollo: Well -- Commissioner Reyes: Because it could be -- let's say that a street -- that been there since 1800, and it has been repaved 50 times. Commissioner Carollo: Well, look, I think that -- Commissioner Reyes: You see? Commissioner Carollo: -- if indeed, there's a street that was paved to the day of Flagler -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- it's going to be hard to go that far back, but I think we need to go back as far as we can, being reasonable, and see what the City of Miami has spent on it and try to get reimbursed. Now, the only question I think that we might want to consider here is, do we get reimbursed present-day value or not? Because those monies that were spent, say, 10, 15, 20 years ago is not the same thing as today's money. A dollar then is not worth a dollar now. So, you know, I leave that up to this Commission to decide if you want present-day value or not. Commissioner Reyes: Well, if we're going to get any money, it has to be -- in order to have any value, it have to be present-day value -- Commissioner Carollo: Well, I -- Commissioner Reyes: -- and use the formula, you see. Commissioner Carollo: -- believe so. Commissioner Reyes: You see. Commissioner Carollo: But I want to do it in a democratic way, as much as we can. Commissioner Gort: My understanding -- City of Miami Page 83 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Vice Chair Russell: Commissioner Gort. Commissioner Gort: -- we have such good records, I'm sure they can tell you -- if you tell them the year that it was built, they can tell us how much it cost. Commissioner Carollo: It depends from whom you're looking the record up, Commissioner, and next Commission meeting I'm going to show you exactly what I'm talking about that's going to surprise all of you and the residents of Miami. Ms. Mendez: I think that in discussing this with the Administration, we want to make sure that we can collect any grants, bonds, any indebtedness that we have -- Commissioner Carollo: Yeah, exactly. Ms. Mendez: I think we'll have to get back to you on the present value versus -- Commissioner Reyes: That's right. Ms. Mendez: I think we have to talk about that. Commissioner Carollo: Well, we could approve it as this now, and then change it in the second reading. Ms. Mendez: Right. Between first and second, those are the Commissioner Carollo: Yeah. Ms. Mendez: -- Yeah. Vice Chair Russell: And then I have just a couple questions. So this applies to -- let's say we do a closure, and if they had bonds from other entities, are we collecting for them and transmitting or we're just worrying about what the City of Miami spent and is getting back? Commissioner Reyes: That's a good question. Commissioner Carollo: City of Miami. Ms. Mendez: Just us. Commissioner Reyes: City of Miami. Vice Chair Russell: Let's not waste our resources on other people (UNINTELLIGIBLE). Commissioner Carollo: We're not. It's us. Look, if others want -- Ms. Mendez: Just us. Commissioner Carollo: -- to ask for their money, that's their problem, or not. Ms. Mendez: Right. So, for instance, if -- two years ago, we just finished paving that street, and it's like one of the nicest streets ever and we spent "X" dollars, we would like to get that money back. Commissioner Reyes: Yeah. City of Miami Page 84 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Ms. Mendez: It's just very concrete; what we spent, if we got monies given to us to spend it; those types of things. Obviously, if we have no records on it, -- Vice Chair Russell: There's none. Commissioner Gort. Ms. Mendez: -- we can't collect anything -- Commissioner Reyes: We do an estimate. Ms. Mendez: -- so it's going to be very -- Commissioner Reyes: We do an estimate. Ms. Mendez: -- we will be as efficient as possible. We're not going to have hundreds of people scouring books. We're also going to ask -- because sometimes the private sector that is asking for these things, sometimes they're able to find things that we owe better than we can sometimes. I know that one particular platting queen will assist in working on those things, so I think this will be a good thing. Commissioner Carollo: Well, let me ask for something that could be placed on the second reading of it. We should place the initial burden on doing that study on whoever wants to get that land back from us, and then we should not rely on them; we should double check it, but at least, you know, they do a lot of that leg work for us. Ms. Mendez: They can definitely help out. Vice Chair Russell: Commissioner Gort. Commissioner Gort: No. Vice Chair Russell: You don't have a comment? Is there any further discussion from the dais on first reading? Yes. Commissioner Carollo: You have a conflict, lady. Iris Escarra: Hi. Iris Escarra. If I may, through the Chair, just for a second. One of the things that, with regards to this legislation where we're doing the platting that the board may want to consider is actually maybe setting a minimum threshold, taking kind of like an average for a period of time; let's say it's, 25, 30 years, because I could tell you, this is -- the City has implemented this already in the platting process, and it's really hard to find records. So to the extent that the City sets up like "X" amount per square foot of road closure, or something along those lines, that would be a reasonable fee based on the records. Commissioner Carollo: Look, I'm willing to go that we close it up at 50 years back. Ms. Escarra: And that'll help with regards to the timeline, because I could tell you, it's really hard to find some of these old streets and bonds and -- Commissioner Carollo: Yeah. I'm willing to close it up at 50 years, you know. That's a -- you know, reasonable amount. Vice Chair Russell: Is that amendment between first and second or just direction for them to --? City of Miami Page 85 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Carollo: Yeah, first and second. She's going to come back with (UNINTELLIGIBLE). Vice Chair Russell: Right. So we don't need to amend -- Commissioner Carollo: No. Vice Chair Russell: -- the legislation for first reading then. Is there any further discussion on the dais for this item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Next item? Commissioner Carollo: Vice Chairman, can -- Vice Chair Russell: Yes, sir. Commissioner Carollo: -- you know, you lost two Commissioners for a second. I need to do something real quick. Can you give us about a five-minute break, only five minutes? Vice Chair Russell: We can. Commissioner Carollo: Thank you. I appreciate it. Vice Chair Russell: Five minutes. Ah, yeah, we were almost to the end. Chair Hardemon: Let's take a break. Vice Chair Russell: We're almost to the end. Chair Hardemon: Take a break. Commissioner Carollo: Too much coffee. Chair Hardemon: Take a break. Commissioner Carollo: No, no, no, no. I wouldn't want to see you so happy. What do you got going? Chair Hardemon: I used the bathroom myself. Vice Chair Russell: Oh, you want us to keep rolling? Chair Hardemon: No. I just want to get through what we have, because at 5, we have budget. So if we can get through this last little bit, we'll be fine. Commissioner Carollo: Just leave everything else that might concern me, you know. Chair Hardemon: Okay. Commissioner Carollo: (UNINTELLIGIBLE). Chair Hardemon: Oh, I do have a question. We didn't pass RE.9 and RE.10, though, right? City of Miami Page 86 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Vice Chair Russell: No. Chair Hardemon: Okay. Vice Chair Russell: Nor FR. 7. Those are the big ones. There's a few more. Ms. Mendez: Am I reading FR.5, or are we taking the few -minute break? Commissioner Carollo: Five-minute break. Chair Hardemon: All right. So -- Vice Chair Russell: No, no. We're going. Ms. Mendez: No break? Vice Chair Russell: We have our -- FR.5 ORDINANCE First Reading 4366 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES," MORE SPECIFICALLY BY AMENDING SECTION 54-190, TITLED "NONSTANDARD STREET WIDTHS," BY MODIFYING THE WIDTH OF NORTHWEST/NORTHEAST 5TH STREET BETWEEN BISCAYNE BOULEVARD AND NORTHWEST 3RD AVENUE FROM EIGHTY FEET (80') TO SEVENTY FEET (70'); MODIFYING THE WIDTH OF NORTHEAST/NORTHWEST 6TH STREET BETWEEN NORTHEAST 2ND AVENUE AND NORTHWEST 3RD AVENUE FROM EIGHTY FEET (80') TO SEVENTY FEET (70'); AND MODIFYING THE WIDTH OF NORTHWEST 1ST AVENUE ON THE EAST SIDE BETWEEN NORTHWEST 10TH STREET AND NORTHWEST 11TH STREET FROM ONE HUNDRED FIVE FEET (105') TO SEVENTY FEET (70'), AND BETWEEN NORTHWEST 8TH STREET TO NORTHWEST 10TH STREET FROM ONE HUNDRED FIVE FEET (105') TO FIFTY FEET (50'); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Reyes Commissioner Gort: FR. 5. Chair Hardemon: FR.5, please read into the record. Victoria Mendez (City Attorney) : FR. 5. City of Miami Page 87 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 The Ordinance was read by title into the public record by the City Attorney. Commissioner Gort: Move it. Chair Hardemon: Been properly moved and seconded by the Chair. Any discussion? Hearing none, all in favor of the ordinance, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. FR.6 ORDINANCE First Reading 4485 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 50 OF THE CODE OF CITY OF MIAMI, FLORIDA, AS Office of the City orney AMENDED ("CITY CODE"), TITLED "SHIPS, VESSELS, AND AttWATERWAYS," TO ESTABLISH A PROCESS FOR THE REMOVAL, DESTRUCTION, AND OTHER DISPOSITION OF DERELICT VESSELS BY A HEARING SETTING FORTH PURPOSE AND FINDINGS, DEFINITIONS, A PROCEDURE FOR REMOVAL OR RELOCATION, HEARING DATE SCHEDULING, AND HEARING PROCEDURES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Reyes ABSENT: Russell, Carollo Note for the Record: For additional minutes referencing Item FR.6, please see "Public Comment Period for Regular Item(s)." Chair Hardemon: FR.5. I'm sorry; that was 5. Vice Chair Russell: 6. Chair Hardemon: FR. 6, please read into the record. The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): Commissioners, this is sponsored by my office in order to have a proper procedure for -- Commissioner Gort: Move it. Commissioner Reyes: Second. Chair Hardemon: Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 88 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: All against? Motion carries. FR.7 ORDINANCE First Reading 4588 Off -Street Parking Board/Miami Parking Authority AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "MOTOR VEHICLES AND TRAFFIC/PARKING RATES," MORE PARTICULARLY BY AMENDING SECTIONS 35-191 THROUGH 35-196 TO UPDATE RATES AND FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item FR.7, please see "Public Comment Period for Regular Item(s)." Chair Hardemon: FR. 7. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Okay. Commissioner Gort: You need everyone here. Chair Hardemon: You say you think you need every yeah, we should. We probably should have everyone here. Art Noriega: We should. Chair Hardemon: Right. So we'll move on, okay? Later... Chair Hardemon: So, look, we're on FR.7. We need the whole board for FR.7. It's already been read into the record. That's Mr. Noriega. Commissioner Carollo: FR.7? That's -- Chair Hardemon: Parking surcharge fee increase. Commissioner Carollo: Okay. Chair Hardemon: Mr. Noriega, I had a conversation with a representative of the Design District, and I explained to him how the first readings and second readings go, and that you should -- you two can get together between first and second reading, because it's important that we're all on -- at least on the same wavelength of understanding what's happening. City of Miami Page 89 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Art Noriega: Certainly. Commissioner Carollo: I also heard, I think, from that same chap, and he would like to hear from your department. Here is an additional problem that I'm having, and I don't know how this is going to go today or not and -- you know, before we go further, I'd like to say this, Art, on the record, that I compliment you and your people for trying to find ways to help the City of Miami; first of all, bringing us up to par with others, even though we're still below in the market rate, but at the same time, corning to the forefront, knowing that we're going to have some rough years corning so that the City could be in better financial shape in hurting our residents the least, because 87 percent of all the parking fees that are paid into the Off -Street Parking Authority come from outside of City of Miami individuals; 13 percent of it only is paid by our residents. This is what we found some years ago was the case. So having said that, however this turns out, I don't want you or your people feel that, you know, it was decisions that were made against it, because I think you should be commended for trying to find ways to help us. I see this also now as an opportunity to bring some additional things into the forefront; that we should bring it all at one time. We have millions of dollars sitting out there that, for whatever reason, past Commissions -- maybe this present Commission -- don't want to see it; that it's only going to affect a very small minute amount of our City residents, real residents; not those that change their driver's license so they could get a discount, and they're really living somewhere else. So I'd like to bring another ordinance that I'm going to have the City Attorney draft at the next meeting to combine it with this, one and two, back to back. And since that's the last meeting that we have before the new fiscal year begins, and we're going to need these dollars for the new fiscal year to at least finalize our budget, I'd like to then do both of them, if they're passed, in an emergency basis, and I think those are sufficient grounds for an emergency basis; aren 't they? Victoria Mendez (City Attorney): Okay. I -- what ordinance? Because -- Commissioner Carollo: Well, I'm saying this one that we have now, and another one that I'm going to give you to draft that's going to bring more than half of what this one is bringing. It's going to bring between four and five million more dollars to our coffers. Ms. Mendez: Okay. And that would be -- so then you're bringing FR.7 back at that time? Commissioner Carollo: At that time. In first and second reading at one time as an emergency ordinance. Ms. Mendez: Right. I -- probably, the one that we don't have -- So emergency ordinances go under a lot of scrutiny. First of all, you're not changing any uses on that other emergency ordinance that you're thinking of right? Commissioner Carollo: And the other one is similar to what he has on something else the City owns; it's just changing rates. Ms. Mendez: It's changing rates. Commissioner Carollo: Changing rates. Ms. Mendez: Okay. It -- there's no way that we could at least pass this one on first reading and then make whatever changes -- Commissioner Carollo: Well, I -- City of Miami Page 90 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Ms. Mendez: -- and then pass the other one as an emergency? Commissioner Carollo: -- I'd like to bring them both up at the same time, because, you know, people get comfortable. If they get one, then maybe they don't want the other and, you know -- It's the old saying: "Everybody wants to go to heaven, but nobody wants to die." So I'd like to bring them both together. Vice Chair Russell: Madam City Attorney, what's the standard for emergency that would allow us to bring two on one day -- two readings on one day, just to make sure we could do that? Ms. Mendez: It just has to -- it has to be a true emergency, and since we have -- I understand -- The other one you're bringing, we can do that, but since this one's already here on first, it makes it a little hard to -- Commissioner Carollo: Well -- but this one might need some real fine-tuning. Ms. Mendez: And we can definitely do that. Commissioner Carollo: Real fine-tuning. And, you know, I'm afraid that -- Ms. Mendez: We only have till Monday, by the way, to do fine-tuning on this one. Commissioner Reyes: I have a little problem with that. Commissioner Carollo: But Monday is plenty of time; tomorrow is Friday, and I work weekends. Vice Chair Russell: Commissioner Reyes. Commissioner Reyes: Yes. I -- and you want us to consider both ordinance at the same time? Well, I have a little problem with this, because I'm not supporting this ordinance. I am not. I have a big problem with it and -- Commissioner Carollo: But, see, this is going to give you the opportunity then -- Commissioner Reyes: Okay. Commissioner Carollo: -- to look at something else that could bring -- Commissioner Reyes: That -- because -- Commissioner Carollo: -- almost as much -- Commissioner Reyes: I don't want to -- although it is claimed that only 13 percent of -- 20 percent of the fees are paid by the City of Miami residents, I don't think that we can place -- we have -- I mean, I am not willing to place any more burden on particularly my residents that they are -- most of them are retirees and people that are very low income; and between tolls and all of that, that -- I think that it is a tremendous jump. I think that before we start looking for additional funds from the residents, we have to look within the City government and try to cut as much as we can. And as -- the City Manager and I, we spoke. There is -- in every institution, there is fat; the only thing that we have to do is look for it and trim it, and that's going to be one of my directives when (UNINTELLIGIBLE). Commissioner Carollo: IfI may make a correction on the record. City of Miami Page 91 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Reyes: Okay. Commissioner Carollo: I misspoke before, and I said that 87 percent of the parking fees are paid by outside residents. It's actually 83 from the studies that we did back when I was Mayor, and I don't think those have changed; if anything, outside residents has increased. Commissioner Reyes: Okay. But if you say -- I'm sorry, Mr. Chair -- that your ordinance is going to make this pass or it 's going to make it more fair for the people Commissioner Carollo: Well, I think -- Commissioner Reyes: -- of the City of Miami, I'll wait, but I just want you -- Commissioner Carollo: -- it's going to -- Commissioner Reyes: -- I want my -- you to know my position, because I'm a straight shooter. I tell you how I feel, and that's it. And I told you that (UNINTELLIGIBLE). Commissioner Carollo: I'm going to sit with the City Attorney and the Parking Director to make this ordinance -- that they did a very good job in trying to put together -- more -- Commissioner Reyes: Compatible. Commissioner Carollo: -- compatible for the Commission to vote on it, and particularly, in certain of the residential areas. And at the same time, I will be bringing a new ordinance that will bring in new rates that are not going to affect many of our citizens or residents -- maybe 50 at most, if that -- that could bring in 4 to $5 million. Vice Chair Russell: So is the goal to defer this? Ms. Mendez: Actually, ifI may? Commissioner, is there any way that we can do for both of these, for FR.7 and the other ordinance, first reading on September 27; second reading, October 11? Right away, it's only 11 days in, and it has two readings, and there could be no -- Vice Chair Russell: It has to match up with the budget, though, doesn 't it? Commissioner Carollo: How will it affect our budget? Ms. Mendez: I mean, 11 days into a budget should not make or break you. Commissioner Carollo: Mr. Budget Director, how will it affect our budget, 11 days? Christopher Rose (Director): Good evening, Commissioners. Chris Rose, Office of Management & Budget. State law says that you have to have a reasonable expectation that the revenues will be corning in for you to count those revenues. Now I'm going to look back at the City Attorney and see if, on the 27th of September, we can have a reasonable expectation that those revenues -- Commissioner Carollo: Okay. So if we approve those ordinance, or one or the other, I would say that we meet the requirement of State law that there is reasonable City of Miami Page 92 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 expectation that we will get that into the new fiscal year, so therefore, we could use it. Mr. Rose: I would, of course, prefer to receive the money before we spend the money. Commissioner Carollo: Well, we're not going to be spending anything, because in what she's asking, we're only going to be 11 days out into the new fiscal year. And what minute of money we might lose in the parking additional revenues, if it passes, we're more than going to make up for something else that I'm bringing to this Commission. Vice Chair Russell: Mr. Chairman, I recommend that we -- he's recognize? -- pass this on first reading, and if we change our mind once seeing the new ordinance, we can either kill this or amend it on second, and then incorporate whatever Commissioner Carollo's looking -- I just don't like surprises, and I don't like putting it to -- Commissioner Carollo: It's still -- it's -- Vice Chair Russell: -- putting a lot of pressure on -- Commissioner Carollo: -- it's -- Vice Chair Russell: -- the budget hearing -- Commissioner Carollo: -- no surprises. Vice Chair Russell: -- (UNINTELLIGIBLE). It'll be second reading -- Commissioner, please. Chair Hardemon: One at a time. One at a time. Let him -- he has the floor. Vice Chair Russell: We'll be on second reading when our budget hearing. We'll be depending on revenue from the passing of this ordinance that will not have yet passed, and we can feel already on this dais there certainly is not consensus yet to pass it, so we could not count on it. And unless we have surety that we can do two readings in that second budget hearing, I'd rather at least get first reading out of the way and then we can tweak, work, fix, adjust, amend whatever we need to, or add a complete other ordinance come next hearing, but I don't know why we're considering a second ordinance that we have no idea what it is right now. Commissioner Carollo: Madam -- Chair Hardemon: What -- Commissioner Carollo: -- City Attorney, if we approve an ordinance on September 27, and the will of this Commission is clearly put out that we fully intend to approve it again on October 11, as you were saying, would we meet the intent of State law as the Budget Director has described? I believe so. Ms. Mendez: The -- if you are counting on a certain amount of revenue that has not been approved yet, I think that may be problematic for purposes of that. So if that's the case, then I guess we go back to the emergency ordinance provisions that you're suggesting. As long as no -- emergency enactment procedures cannot be done on any land use and zoning issues, so if anything, you're suggesting has to do with changes of land use or zoning. City of Miami Page 93 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Carollo: Rate increases. Rate increases for parking; rate increases for something else that I will bring it up. That's all that it will be; rate increases and only rate increases. Chair Hardemon: So -- Commissioner Carollo: But this money is part of the money that you were putting into reserves to finalize contracts with Fire and Police anyway, so it's not part of the actual funding that we need to balance the books. Mr. Rose: No, sir. The budget, as proposed in July, was a balanced budget. Commissioner Carollo: Right. Mr. Rose: Additional revenues that we will recognize tonight -- if they are approved on first reading, at least we can recognize them to begin with -- they are recognized and put into the labor reserve. Commissioner Carollo: Okay. So that makes it clear that, regardless, we have a balanced budget that will be going into the labor reserve so that we could finalize the contracts with the two remaining unions that we have to finalize it with. Chair Hardemon: Right now, City of Miami residents are offered a 20 percent discount if they use the pay app. Mr. Noriega: Correct. Chair Hardemon: That is a discount above and beyond what those who are not City of Miami residents receive. Mr. Noriega: Correct. Chair Hardemon: The thought that I had was, what if City of Miami residents who use the pay app -- because the pay app allows you -- it allows you -- to register for it, you have to put in certain information, so I guess that's how they capture the fact that you are a resident -- if those who are using the pay app will pay the old fee? So basically, the pay app itself, when you regi -- if I go to the park on 655 Northwest 48th Street, I pull up next to it, I enter -- I look at the sign; I enter my information for the parking. Instead of charging me $2.25, which is the new rate, it charges me 1.75. That is still -- it's a discount, and it is just a discount to a greater percentage than the 20 percent. It just -- it's the original fee. I think that if we do that -- and if the theory is that the Miami residents are ones who are using the pay app or who are paying for parking less often than those who are visitors, then that would be a good way to say to our residents, "We value you. We did not raise your fees. Your fees remain the same. Now, when your sister, cousin, brother, uncle, sister, brother, all them come, we're going to get it from them." But the -- Commissioner Carollo: I don't mind that, as long as, constitutionally, we get the green light from the City Attorney that we can't be challenged in discrimination to (UNINTELLIGIBLE). Vice Chair Russell: We already have a residential discount. Chair Hardemon: Yeah, we have the residential discount today. Commissioner Carollo: Yeah, but this is going -- City of Miami Page 94 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: So I'll give an example. Commissioner Carollo: -- way beyond that. Chair Hardemon: I think like in Miami Beach -- the Miami Beach -- Miami Beach charges astronomical fees for parking, and I believe -- and you can tell me better than anyone -- for the residents, though, they do have a -- Mr. Noriega: A cap, correct. Chair Hardemon: -- there's a cap to what they pay, even for garages, as well as off-- - on -street parking; is that correct? Mr. Noriega: I'm aware of the on -street. I'm not sure about the off-street. Chair Hardemon: Okay. But -- Commissioner Carollo: I will say -- Chair Hardemon: -- so that's the thought. So if we're able to say, "Hey" -- Commissioner Carollo: -- for the record, another reason why I feel that we could do that -- and the 20 percent that we've been giving to our residents already that use the app is solid law -- is that when you come from outside the City of Miami to park here, you're using the streets, tearing them up every day; you use our police service, you use our rescue service, sometimes even our fire service; so many of the other services that we have, and you don't pay for it. Residents already pay for them, either through homes that they own and they pay taxes on; or if you're a renter, that money that you pay the owner of that building, he pays for it to us. So our City residents are paying already, but those who are coming from the outside, they're using all our services and they don't pay, like our residents do, to the same level. So I think those are reasons, sound legal reasons, why we could give our residents that additional break that the Chairman is talking about. Commissioner Reyes: Mr. Chairman? Mr. Chairman, and I have to ask -- I heard a statistic here that said, 83 percent of users are -- Commissioner Carollo: 87, 87. Commissioner Reyes: -- 87 percent, they are outside the district. How do you determine that, sir; by the pay apps? Commissioner Carollo: 83, you're right. Commissioner Reyes: Hold on a second. By the pay apps? Mr. Noriega: So that -- Commissioner Reyes: Or how do you determine that -- how you came up with that figure? Mr. Noriega: Currently -- yeah, I didn't -- it's a study that they did when he was Mayor. Commissioner Carollo: We did it -- yeah, we did it in 2000. City of Miami Page 95 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Mr. Noriega: So -- but the current way we do it is by the number of registrants within the pay -by -phone app. Commissioner Reyes: That's right. Mr. Noriega: Correct. Commissioner Reyes: I know that. It's the people that have the pay app. I could guarantee you that you go through my street, Southwest 7th Street, and you go from one corner of 42nd Avenue to -- I mean, the end, 7 -- yes, 2nd Avenue, and the majority, great majority of all the elders that drive and park and they are -- use their automobiles in the City of Miami, they don't have a pay app, you see; even my wife, you see, even my wife. My children, they made her go into pay -by -phone. And what I'm saying is this, that that statistic could be skewed, you see? It could be skewed. And how do you going to get them to be using it, you see? Chair Hardemon: Well, I'll tell you, though. I think paying a discount -- getting that discount -- Mr. Noriega: To motivate them. Chair Hardemon: -- is enough incentive to saying, "Hey" -- Commissioner Reyes: But it is not -- it's the ability, you see. Chair Hardemon: No. I know. I understand what you're saying. Commissioner Reyes: You see? It's the ability. Remember one thing. Remember one thing. And people said, "Okay." There are other cities -- and I do understand - - that they have rates that they are tremendously greater than the City of Miami, but also, you have to remember that the median income of the residents of the City of Miami doesn't -- does not reach 35,000, and there are areas that it is 12 and $18, 000 a year. So when we are going to compare, we have to compare apples and apples, not apples and oranges, you see. And that is my concern. I don't want to burden between the tolls, and now we are going to -- it's not a 10 cent or a 15 cent increase; it will cost a dollar fifty. Mr. Noriega: So, can I --? Commissioner Reyes: It's going to hurt also the businesses. Mr. Noriega: Let me give you some pertinent facts, Commissioner, so you can make an educated decision, because that's really what I'm up here to do, is try to give you as much information as I can. Ultimately, as a body, you get -- you have absolute jurisdiction over this rate structure. So 88 percent of our current on -street, the meters, 88 percent of our payments come through the app; 88 percent. We have the highest utilization of any city in North America. Commissioner Carollo: That's a huge amount, Art. Congratulations. Mr. Noriega: So -- Commissioner Carollo: Huge. Mr. Noriega: -- given that -- right? -- that means the adoption in Miami is pretty significant. I want it to be a hundred, because ultimately, if it's a hundred, then -- By the way, we're saving a lot of money in terms of equipment, capital costs, City of Miami Page 96 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 collections; a lot of it. We'll never get there, because that's not the nature of our City. Commissioner Reyes: Excuse me. Just a point of clarification. You talking -- by "pay apps, " you're talking that pay -by -phone? Mr. Noriega: Pay -by -phone. Commissioner Reyes: People that have been -- Mr. Noriega: Correct. Commissioner Reyes: Or you're talking that you go to the machine and you pay? Mr. Noriega: No, no, no, no. 88 percent of the transactions -- 12 percent of them pay the machine; 88 percent use the phone app. Commissioner Reyes: Okay. Mr. Noriega: It's the highest in North America. It's -- we just -- we put a lot -- we invested a lot into it in terms of public awareness. We also, by the way, so that you know -- and I don't think this is on a lot of people's radar -- we're the only city in Florida that actually absorbs the convenience fee so that the cost to the end user, whether you use the app or you pay the machine, it's exactly the same. You don't have any additional burden. Chair Hardemon: I always wondered that, because I know -- I get a convenience fee in other cities. Mr. Noriega: You do. Chair Hardemon: That's fine. Mr. Noriega: You'll get it in Coral Gables. You'll get it in the City of South Miami, but in Miami, you don't. It's an even playing field, whether you use the app or not. Chair Hardemon: And you said about 30-something percent of people actually pay their parking; the other 70 percent, they roll a dice? Mr. Noriega: Well, yeah. That's part of why we wanted to ramp up the enforcement is because the compliance level is way below what it should be. Commissioner Reyes: But you can -- when we spoke, you can increase enforcement without increasing the rates. Mr. Noriega: Sure. Commissioner Reyes: And you told me. Mr. Noriega: No, no. I -- absolutely. Commissioner Reyes: And you told me. Mr. Noriega: Absolutely. Commissioner Reyes: Wait a minute. You even give me a number. For every -- any -- people that -- enforcers that you have, the amount of revenues is tremendous -- City of Miami Page 97 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Mr. Noriega: No. Commissioner Reyes: -- that you have. Mr. Noriega: I'm not tying the two together. I'm just giving you an example of where we currently stand, but that -- he just asked a side question. I'm just answering the side question. Look, from a resident registration standpoint -- right? - - one of the things that we absolutely have committed to is that we want to educate and enroll for those residents; not just have it be static where they have to come in and do their registration on their own. We want to get out of the community with each of your districts and actually do registration programs there so that we can teach them, by the way, how to use it, how to set it up. I do that on my own, just as a regular employee. I mean, I'll find somebody who I'll notice is a little frustrated with using the equipment, and I'll walk them through the process, but we want to do that in every neighborhood, and we want to try to get as many people to feel comfortable with the app as we can, feeling -- with the understanding that we'll never get to a hundred percent, but we do have the ability to do a bifurcated rate system; a rate for residents and a rate for the general regular customer, the out -of -City customer or out-of-town customer. So we have that ability too. So for us it's -- we can structure this however you want to structure it in terms of you know, bifurcating the rates, varying the rates to make it that much better for City residents. We have a lot of flexibility built into the program. Commissioner Carollo: Yeah. One of the other things that I think we need to do, Art, is we need to send a mail out to all the households, explaining to them that we do have this service, if they don't have it; that we'll send them something to show them how to get the app, how to work it; and if they need help, because they don't understand it, we'll be happy to walk them through it. They could come to -- we could put certain office where you have people, or if need be, we'll come to them at a certain time. Mr. Noriega: But all -- there's actually an additional element to this. You're not -- you don't have to have the app to pay by phone. It's a dial -in system, too. That's how it originated. So you literally dial into the number, using a regular -- you don't even have to have a smartphone. It recognizes your number and that you have an account, and then you can just -- you hit prompts on the phone and it pays for it. Chair Hardemon: Right. Mr. Noriega: So you don't need the app either. So it has a lot of flexibility -- Commissioner Carollo: So it's really simple, yeah. Mr. Noriega: -- built into it. Commissioner Carollo: Yeah. That's excellent. Commissioner Reyes: Well -- Commissioner Carollo: That's probably why you have 88 percent usage rate, because you've made it real simple. Commissioner Reyes: If -- the only way that I could support this is it is a -- significant or they remain the same, because I don't think that it's fair; fair to our population, which is -- Miami is not, I mean, that exotic place that people think it is. Brickell Avenue -- City of Miami Page 98 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: Hey? Hey? Commissioner Reyes: Yeah. Miami Beach. Oh, yes, Ocean Drive. No, no, no, no, no. Miami is a poor city. And being a poor city, we should protect those people. And let me tell you another thing, you see. You might not believe this, but I remember when there was an increase in rates. There was people, businesses, you see -- this increase in rate that you want to place on the citizens of -- residents of Miami will hurt small businesses along 8th Street, out on 17th Avenue, along every party that has just a couple -- they don't have parking spaces; they just have parking just across the street or in front of the stores. If you have to pay $3.50 to stop in that little business and go inside and buy, you see, your purchase has increased, the cost of your purchase has increased. You better go -- then you drive couple of blocks, and then you go to a store that has parking -- that offers parking, I mean. You're going to hurt businesses. And I remember all the complaints in Calle Ocho when this happened. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: I'd like to move FR.7 and adopt the amendment that you recommended. Chair Hardemon: It's been properly moved; Chair will second. Any further discussion? Hearing none, all in favor, say "aye." Vice Chair Russell: Aye. Chair Hardemon: All opposed? Nicole N. Ewan (Assistant City Clerk): Chair, there is a -- Commissioner Carollo: No. Ms. Ewan: -- substitution to this item. There was an email that was sent out with changes that did not make it to the agenda, so this item will need to be modified. Vice Chair Russell: Then -- Chair Hardemon: With the modifications. Vice Chair Russell: -- amend to include the substitution, please. Commissioner Carollo: Okay. Who made the second on this? Chair Hardemon: I just seconded it. Commissioner Carollo: Okay. You second it? Chair Hardemon: Yes. Commissioner Carollo: Okay. This is the parking ordinance -- Chair Hardemon: It is the parking ordinance, right. Commissioner Carollo: -- 7. Okay, let's have a roll call, Chair, because I didn't hear the three votes say "aye." City of Miami Page 99 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Vice Chair Russell: We haven't voted. Chair Hardemon: We haven't finished the vote. Ms. Mendez: This is FR.7. Commissioner Gort: We haven't voted yet. Chair Hardemon: Yeah, we haven't finished the vote. So right now there's a motion, seconded, including the language where the residents of the City of Miami will not have an increase in their fees. Commissioner Reyes: No increase whatsoever? Chair Hardemon: That's what I've said on the record; like it could be amended later. If you say you want a discount -- like if -- at the next meeting we say -- I'm sure you're going to do the numbers. Vice Chair Russell: There are different ways to do it. Chair Hardemon: And then you say, "Okay. Well, once we've done the numbers, maybe we give them a 60 percent discount rather than what it amounted to be, 75 percent, " right? Commissioner Reyes: Hundred percent discount. I mean, I don't want them to pay a single penny. Chair Hardemon: But right now -- Commissioner Reyes: You see. Chair Hardemon: -- what this will do -- Commissioner Reyes: (UNINTELLIGIBLE) more. Chair Hardemon: -- is to allow them to pay the same fee they're paying today tomorrow. Commissioner Reyes: That means that there is no increase, whatsoever, for residents of the City of Miami? That's the only way that I'll be able to vote on this. Chair Hardemon: That is correct. Commissioner Reyes: But if it is a single penny -- Chair Hardemon: That's correct. Commissioner Reyes: -- a single penny that is raised to any of the residents of the City of Miami, one penny -- Chair Hardemon: That is correct. Commissioner Reyes: -- I won 't vote "yes." Commissioner Carollo: Is that what the maker of the motion is agreeing to? Vice Chair Russell: I was the one who made the amendment [sic], adopting the -- City of Miami Page 100 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Carollo: Okay. Vice Chair Russell: -- amendment by Commissioner Reyes. Commissioner Carollo: All right. So not a cent increase by City residents. Commissioner Reyes: Not a cent. Mr. Noriega: We'll create a bifurcated rate; one for residents; one for visitors. Commissioner Carollo: The other thing you need to do, to the best of your ability, is to figure out what this comes then down in actual dollars that it's going to bring to (UNINTELLIGIBLE). Mr. Noriega: We will. Vice Chair Russell: Oh, he will. Mr. Noriega: We'll do that. We'll redo the numbers on this. Commissioner Carollo: And I'll make up for it in what I'm going to bring, if there's enough courage here to take a small -- little step forward. Chair Hardemon: Any further discussion? Commissioner Gort, anything to weigh in? Commissioner Gort: I think you need to go to the community and you need to go to the press and inform the reasons why we need parking meters, because free parking, let me tell you what will happen. The little small shops -- Commissioner Reyes: That's right. Commissioner Gort: -- people park there all day long -- Chair Hardemon: Stay all day long. Commissioner Gort: -- and the cars will not move. I mean, you heard the guy from Wynwood; that he was in favor of it, because that moves the cars away and it brings more client in, too. So parking is something you need, and you need to have it for a limited time and then move on and get somebody else to come in. I think they need to go into the community and to the radio stations and talk to the people and explain to the people how do this work. Mr. Noriega: Correct. Commissioner Gort: And if you don't have parking meters and you don't charge for parking on the street, the merchants are not going to receive any benefits; on the contrary, because people are (UNINTELLIGIBLE) park out of there. Commissioner Reyes: But the problem that we had had with the merchants has been enforcement, that you are allowed to park two hours over there; and then people, they come and they don't even pay, and they stayed the whole day. That's the biggest problem we have. Commissioner Gort: I understand. City of Miami Page 101 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Reyes: If we had had enforcement, we would have had more revenues. Chair Hardemon: Seeing no further discussion, all -- Vice Chair Russell: Please. Commissioner Carollo: (UNINTELLIGIBLE) discussion. Chair Hardemon: I'm sorry? All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Commissioner Carollo: Art, how quickly can you try to figure out, to the best of your ability, how much is this going to bring now versus what you had (UNINTELLIGIBLE) ? Mr. Noriega: We'll work on it this weekend. We'll have an answer by the beginning of next week. Commissioner Carollo: Okay. Would you have an answer by Monday, maybe, you think, or --? Mr. Noriega: Yeah. Yeah, we'll work on it. Commissioner Carollo: All right. Mr. Manager, Madam City Attorney, if then -- once he brings this, if we could meet on Monday -- Emilio T. Gonzalez (City Manager): Yes, sir. Commissioner Carollo: -- so that I could give you what I have, and we could start working on an ordinance? Ms. Mendez: Right. So if you -- Mr. Gonzalez: Yes, sir. Ms. Mendez: -- want an ordinance for September 27, I need it drafted -- I need to draft it by Monday -- Commissioner Carollo: Well, then you -- Ms. Mendez: -- unless you want to -- if we can pull -- Commissioner Carollo: Well -- Ms. Mendez: -- you know, make a template and then -- Commissioner Carollo: -- then -- yeah. Ms. Mendez: -- put numbers later. Commissioner Carollo: -- then I think you and I and the Manager -- Ms. Mendez: So tomorrow? City of Miami Page 102 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Carollo: -- and the Budget Director should meet tomorrow. Ms. Mendez: Okay. Commissioner Carollo: I need the Budget Director, the Manager, and yourself. Ms. Mendez: Budget Director, Manager, our self -- myself tomorrow to work on that ordinance that's due Monday. Mr. Gonzalez: Yes, sir. Yes, sir. Commissioner Reyes: How 'bout me? Vice Chair Russell: Mr. Chairman? Commissioner Carollo: No, you can't. FR.8 ORDINANCE First Reading 4241 Office of Management and Budget AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING THE DEPARTMENTS OF THE CITY OF MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. 18- 0193 ADOPTED MAY 10, 2018, AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, TITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF DEPARTMENTS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item FR.8, please see "Public Comment Period for Regular Item(s)." Commissioner Gort: FR.8. Chair Hardemon: FR.8, please read into the record. Madam City Attorney? Victoria Mendez (City Attorney): Yes? Chair Hardemon: FR.8. Can you read FR.8 into the record, please? The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: This is 8? Chair Hardemon: Yeah, that's FR. 8. Vice Chair Russell: 171 move it. City of Miami Page 103 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: It's been properly moved by the Vice Chairman. Is there a second? Commissioner Gort: Second. Commissioner Reyes: You're talking about FR.8? Chair Hardemon: That is correct. Commissioner Reyes: That's right. I move it. I second. Chair Hardemon: Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. FR.9 ORDINANCE First Reading 4707 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS," BY ESTABLISHING A NEW ARTICLE X, TITLED "CERTIFICATION OF RE -OCCUPANCY," TO PROVIDE THAT ALL RESIDENTIAL PROPERTIES BEING RESOLD ARE TO BE RE -INSPECTED TO ENSURE THAT THE PROPERTY DOES NOT POSSESS ILLEGAL UNITS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: RESULT: Withdraw by Sponsor WITHDRAWN BY SPONSOR Chair Hardemon: FR.9, please read into the record. The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): Sponsored by Commissioner Gort. Commissioner Gort: The -- one of the reasons I'm sponsoring this -- one of the dcults [sic] I'm having, a lot of people corning in to me with Code Enforcement have found that they have illegal unit, and that was built with -- before they make the purchases. So these people make the purchases, they hold them to the home, and then they find out they have an illegal unit within the home. And I'd like to -- I tried to do this about 20 years ago when I was here, and unfortunate, the real estate agencies were against it, but I think we need to do that -- Commissioner Reyes: Yes. Commissioner Gort: -- because we have a lot of illegal structure. Then at the same time, the Planning Department -- and we can do some additional in the second reading -- come out at one time that we had a -- what do you call that program? City of Miami Page 104 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Ms. Mendez: Amnesty. Commissioner Gort: Amnesty. We had an Amnesty Program, where the Code Enforcement will go, and if there is a violation, this is a way for them to pull a permit and try to comply and get it correct. Commissioner Reyes: I would like to co-sponsor this ordinance; and also, I agree with Commissioner Gort. I remember that when I was at the Code Enforcement Board that many people came before the Code Enforcement Board with violations, and they had recently acquired the property, and the answer to them -- and I don't know if you remember that -- "You bought yourself a problem, " you see, and that is not fair. One thing that I would like to have a friendly amendment, and it has to be, and who is going to incur the cost of the inspection, either the buyer or the seller. And I think the buyer is the one that should (UNINTELLIGIBLE) -- We have to work on it. Chair Hardemon: (UNINTELLIGIBLE) negotiation. Commissioner Reyes: Okay. Commissioner Gort: There's a lot of things that I can come up for the second reading. Any advice you all want to give -- Commissioner Reyes: That's right. Commissioner Gort: -- I will appreciate it. Ms. Mendez: And I just wanted to state for the record, Commissioner Gort, that Commissioner Reyes also had a similar idea with regard to this re -occupancy. I inadvertently did not put both of you as co-sponsors, so I just wanted to say, "Great minds think alike." Commissioner Gort: I welcome everyone to be a sponsor. Commissioner Reyes: I mean, I am very honored to be in the same wavelength that -- my old friend. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: I just have a concern with regard to the logistics of how we go about actually -- Commissioner Gort: Okay. Vice Chair Russell: -- inspecting all of these at every sale without slowing down the entire industry of house sales. Commissioner Gort: I agree with you. I think that's very important. Today, if anybody has a violation, then you can go on your computer and you can check and you can see if there's a violation. At the same time, you can have the NET (Neighborhood Enhancement Team) Office, who is supposed to be -- Commissioner Reyes: Absolutely. City of Miami Page 105 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Gort: -- acting on this, they can go by and they can check and see if any violation, and I'm talking violation; I'm talking about illegal units -- Commissioner Reyes: Illegal units. Commissioner Gort: -- which is the one that causes the most problem, the illegal units within that area. Vice Chair Russell: Are inspections mandatory at time of sale? Commissioner Gort: No. Vice Chair Russell: Is that something we could force that would force the industry to take this over instead of our departments to where, you know, a sale cannot happen unless someone has advised the buyer that this house has not been altered out of Code? Commissioner Gort: If I could get somebody to do that, I would welcome to do so, because the time is the title search do not find those things, and they don't discuss those things. Vice Chair Russell: We may be creating a cottage industry here, which is -- Commissioner Gort: So people go through the process of the title search and those things don't come out, so 15 years later, after they've been in the house for a while, they realize they have to do some remodeling to do or knock down certain things. Commissioner Reyes: Yeah. Commissioner Gort: And it becomes very expensive. In some of the older neighborhood with the residents that buy there, they buy because it was a low cost, and they were able to afford a house. All of a sudden, they find that problem, and they cannot afford to work on it. Chair Hardemon: So I must admit that I'm not happy with the language that's in this, and, you know, I'm going to support it through this first reading, because I think that we could possibly come back with something that would be better, but one of the things that come on here that make -- it brings up the short-term vacation rental thought to me, because I still don't know whether or not the short-term vacation rental is considered to be commercial uses, because -- for instance, on Section 10-135, Certification of Re -Occupancy, Part "A," in that sentence, it reads that "the premises are being used solely for residential purposes," and, you know, I would think that a hotel is a commercial use. I may be wrong. I (UNINTELLIGIBLE) think -- it sounds intuitive, and then -- and so, certainly, homes that are being used as hotels should be considered similar; sounds intuitive, but it could be wrong. I know I live next door -- well, across the -- what is it called? -- a median from a home that's being used as -- for short-term rentals, and you have lots of lots of lots of lots of traffic and -- to that space, and, of course, they pay residential garbage fees. They pay all the things that pay as a normal homeowner, but what I find to be very interesting about it all is that I still believe that when the commercial industry moves into the residential industry -- the residential neighborhood and start to sell their homes at prices that make sense only when you're engaged in commercial activity, then you're going to see the death of the single-family neighborhood. So Allapattah, Liberty City, all these special neighborhoods where you used to be able to buy a home for a $160, 000, now they're 300; they'll soon be 400, 450, because if you're charging someone $1,800 a month as a typical homeowner -- or a landlord, $1,800 a month for a three -bedroom home, when you start to realize that, "I can bring $1,800 in in a week or four days," I think City of Miami Page 106 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 you're going to do that. It just makes sense. It makes economic sense. But then, you know, there goes your parks, there goes your garbage pickup, there goes your -- whether or not you're going to have certain forms of protections in the household; if there's a fire or if there's -- just all the things that I think -- and I -- to protect the hotel industry, but to protect the people that live near this new residential hotel and neighborhood. So it just brings to question, "What's going on with that. What's going on with our" -- Ms. Mendez: We're still in court -- Chair Hardemon: -- with (UNINTELLIGIBLE) ? Ms. Mendez: -- with regard to the Airbnb matter, so we can give you a -- Chair Hardemon: But the last time I remember, it was -- I guess we'll talk about that later. But, you know, these things, to me, they come into question. So even with this ordinance here, what's what? Commissioner Carollo: Well, Chairman, let me begin by complimenting my colleague, Commissioner Gort, because I think his intentions are very, very honorable in what he's trying to accomplish. However, Commissioner, in all frankness, this is going to create the biggest mess and hornet's nest that we would have ever seen in real estate in Miami's history. You're going to cause, if we pass this ordinance, tens of thousands of real estate transactions not to go through, for banks to pull back mortgages, for closings to be delayed and then maybe people backing off of deals, not to mention the possible collapse in different areas of our City of the property value of properties. In no way, from what I've seen of our City, since I've been back, are we in any remote position to be able to enforce this and be able to do an adequate, professional job quickly, but more than that, I truly believe that this is not government's role. Government should be there to help and assist if people that are buying -- they're adults -- wanted assistance, but not to force this down people's throat. For instance, any time you buy a property, whether it's a small little house or a major piece of property, you have available, if someone wants to pay for them, all kinds -- and there's hundreds of them -- companies; that you hire them, they come in. They'll analyze the property; tell you what's wrong; if there's a leak here; if there's a problem with the electrical panel, the plumbing. They could also tell you on zoning, if there are things that are legal or not legal. But I truly believe that while your intentions are very honorable, and I know why you're doing this, this is going to create a mess in the City of Miami, and it's going to cause thousands of people heartaches. People are not going to be able to sell their properties. People are going to be dropping contracts. And once you see a steady pace of that, that's going to create property values to go down, and that's going to cause a mess for our own budget in the City of Miami. And again, on top of all that, I don't think that we should be in that business of controlling people's lives to that point. That's the difference of America and others that do it differently. I think, if -- you will get -- and announce this to people in the real estate business, of the day-to-day realtors or realtors association that you are very involved with throughout the years -- I remember when Rose Gordon was a Commissioner that I replaced here at 24 years of age, she was very involved in that -- they're going to tell you, "Please don't do this." And I'm not even talking about the big boys, the big-time developers and all their land use attorneys. So that's my feeling. I cannot even begin to support this on first reading, because I know the nightmare this is going to create in all of our districts, and some worse than others. Vice Chair Russell: Thank you, Commissioner. City of Miami Page 107 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Gort: Look, let me tell you what the nightmare has been for me. When we have a whole block within my district with people corning at me and showing up with the Mayor, because they don't have the money, because of the violation they have filed, that Code Enforcement going through the neighborhoods where we asked them to do so, and they go through the neighborhood and they see all these illegal units being added to it, and people come here scared. And I get calls every day when the Code Enforcement enforces (UNINTELLIGIBLE) and they have to spend 20,000, 15,000. I had one lady that had to spend $12, 000 just on the design and then the construction was 30-some thousand dollars in the poor neighborhoods where they cannot afford. They were able to buy that house -- And I agree with you; I think somebody should do that, but unfortunately, a lot of these people that buy those homes, they don't have the ability to get people to do that for them. And unfortunately, the banks don't do it, the realtors don't do it. The realtor want to sell it, make the commission, and get out of it. Commissioner Carollo: But it doesn't cost that much for anyone to do it. It's a service that is provided by the private sector that's not that costly. If we want to provide that service also and create a unit that could be called for that, I have no problem. I have a problem if we're going to demand that before a property could be sold that they have to go through this. This is going to kill real estate in this town unlike anything you've ever seen. And I would strongly recommend that before we act upon this, even on first reading, that, you know, we invite the realtor association, invite every player that has major stakes in this so that you could hear from them, because they're going to tell you this and more than I'm telling you now. Commissioner Gort: No, I understand, but I'd like to see somebody do it, because let me tell you why. When you buy a home, you got -- what do you call them? -- the title search; none of those things come out in a title search. The people that come into their property, they start looking at the property, see if they have any problem, physical problem within the construction. They don't look at the -- if it's an illegal construction within the house. So somehow, we got to find out someone that could determine that. Commissioner Reyes: If I don't recall -- my mind don't betray me -- I remember when I was in the Code Enforcement, and it was in 1990 -- you appointed me there -- it was 1995 (UNINTELLIGIBLE). Commissioner Carollo: Did I appoint you? Commissioner Reyes: Yes, you did. You made that mistake. Commissioner Carollo: I don't remember. Commissioner Gort: He appointed me to the Zoning Board once. Commissioner Carollo: No, I don't remember. I really don't. Commissioner Reyes: Okay. You made that mistake, that you appointed me. Commissioner Carollo: It's not a mistake. Commissioner Reyes: We had that problem, you see. We had that problem. And after I left it -- I left it, because I was running one of the time -- the many times that I ran for office. And after I left it, there was some sort of policy that was implemented, because we talked about it while I was at the board. What happens is, my dear Commissioner, is that people, they go to buy their homes; they have illegal units. And since there is no inspection, there is nothing but your title search, then 10 years or 5 City of Miami Page 108 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 years or 2 years after they bought the house that here comes an inspector and cite them for an illegal unit, and that will -- creates havoc. What I'm saying is that what the intent -- my intention on this -- and I think that Commissioner Gort is the same -- is that we demand that the buyer is responsible to make sure -- or somebody is responsible to make sure that it's an inspection made; and if it is an illegal unit, they will be legalized, and it will be corrected, so that person don't have that problem. Commissioner Carollo: What I would suggest that would make a lot more sense is that pass an ordinance, or what have you, where the selling realtor, the buying realtor will both equally be responsible, and one of the papers that they give to the buyer would be put them on notice that they have a right and they should get whatever company that's out there in the market to inspect the premises for any illegal rooms, additions, whatever you want to put in the ordinance. And if at any point in the future there was something that was done illegal that they will be the ones responsible, but we shouldn't force the sale of a property to be dependent on that or not. My God. I mean, you're talking about thousands of sales. This is going to stop real estate cold, and it's going to bring our property values down at a time that we least could afford it. They're going down already. Commissioner Gort: Commissioner, by the way, I read all this when you appointed me to the Zoning Board back in 1980-something. Commissioner Carollo: What's that? Commissioner Gort: I learn all about this when you appointed me to the Zoning Board back in 1980 (UNINTELLIGIBLE). Commissioner Carollo: I appointed you, too? Commissioner Gort: Yeah, you appointed me, too. Commissioner Carollo: I don't remember that one either. Commissioner Gort: So (UNINTELLIGIBLE). See what you have created. Commissioner Carollo: God almighty. Really, I don't remember that. Commissioner Gort: Okay. Listen. Commissioner Reyes: You made a lot of mistakes, Commissioner. Vice Chair Russell: (UNINTELLIGIBLE). Commissioner Gort: I'm glad I brought this -- Commissioner Carollo: And you weren't running for anything at the time either, were you? Commissioner Gort: I wasn 't running for anything. Commissioner Carollo: Yeah, because I might have appointed him, knowing that he was going to be there a short time, but -- Commissioner Gort: No, I was there for a long time. But let me tell you, the reason I brought this up and I bring it to you all because I got -- we need to find a solution for -- this is a problem that we have in Little Havana, in Wynwood -- City of Miami Page 109 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Carollo: Citywide. Commissioner Gort: -- citywide. We have this problem citywide, and this is something we got to deal with. I'm open to any suggestions. I just want to make sure. Commissioner Carollo: Well, what I am suggesting is that we pass something that realtors from both ends will have an obligation to give an additional notice, paper to a buyer that they have the right to go to a private company to inspect and look to see if there is any illegal rooms, or what have you, that have been added to a property; and to let them know that in the future, if they buy, and they find -- we find something illegal that they're going to be responsible for it. So that's a pretty good incentive for someone to do that. Commissioner Reyes: After you buy the house -- Commissioner Carollo: But this -- Commissioner Reyes: -- and the guy get the money and runs, who is going to pay for it? The purchaser is the one that's going to be responsible. Commissioner Carollo: Yeah, but this is what -- Chair Hardemon: (UNINTELLIGIBLE) the company. Commissioner Carollo: -- we're telling them, and we're telling them that, "Hey, you should do this, and here's a whole list of reputable people that can do it for you." I mean, I don't care how many people you put down. Commissioner Reyes: What -- if you agree, Commissioner Gort, why don't -- Commissioner Gort: No. I just want to make -- bring it to the attention, because this has been a problem that I've been having for a few years now, and I got to deal with it constantly, day -- on a daily basis. And I have to tell people, "Look, you can get some funding from CDBG (Community Development Block Grant) funds to fix the house or to take care of the violation." Commissioner Carollo: Commissioner, I guarantee you that there are sections of our City that you cannot go through a whole block without not finding every single piece of property that's got those kind of problems, but the difference on those is -- Chair Hardemon: We're not Hialeah. Commissioner Carollo: -- that these are individual owners of one property. You know where I have the real major problem? When I got people that are coming as investors into our cities -- they don't even live here. They don't care about us -- and they're buying property after property. And because they know their way around, they hire the right people, they're getting away with murder in Code violations, building violations, and everybody's signing off and looking the other way in ways that you wonder, "How could they have done it?" And this is the big difference. We're not talking about the little guy that buys a property, maybe they're not as sophisticated, and it's only one property. The other guys, like I described -- and there's a certain percentage of those -- those are the guys that we need to punish the most, because they're doing it on purpose. They don't care. It's part of business for them. Commissioner Reyes: Yeah, absolutely. City of Miami Page 110 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Gort: I understand. Let me ask a question. The Amnesty Program, is it still alive? Is it still there? Commissioner Reyes: Yes, sir. Ms. Mendez: No. Commissioner Gort: No? Ms. Mendez: No, but we can reactivate it. Commissioner Gort: What do we need to reactivate it? Ms. Mendez: I just need to bring you a draft -- Commissioner Gort: Okay. Ms. Mendez: -- again from -- for -- on September 27. Commissioner Gort: So -- Ms. Mendez: We have it -- we have the draft. Commissioner Gort: -- I'll move my motion, but I want you to bring it back. At the same time, this is something CDBG's got to look at, because a lot of those people, they have some violations; they don't have the funds to take care of it. Commissioner Carollo: I'm in agreement with that, Commissioner. Chair Hardemon: So what do we do with this one, then? Commissioner Carollo: I'm in agreement with it. Commissioner Reyes: And also, Mr. Commissioner, if you want to witness an absentee owner that has made a rooming house, just go have coffee with me, and I -- just across the street of my home, I've been living with a rooming house for the past 10 years, you see, and it's still there. Commissioner Carollo: And may I ask, do you also have blind Code Enforcement officers there or --? Commissioner Reyes: I think they are one -eyed. Commissioner Carollo: Okay. Chair Hardemon: That's the good eye, though. Commissioner Carollo: Now, on that same conversation, Mr. Chairman, I want to notify you and my colleagues that at the next Commission meeting, I am going to ask for a significant amount of time, because I want you to see what is happening in my district and what I'm having to live with, and a lot of it is just being brushed out or it's being protected. So I'm warning everyone; I'm going to need some serious time next meeting, because you're going to see on video, on pictures, on proof of papers, a real Code Enforcement show of violations, along with building violations. Chair Hardemon: So with FR.9 -- City of Miami Page 111 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Vice Chair Russell: Mr. Chair? Chair Hardemon: -- we're withdrawing it? Commissioner Gort: I withdraw it, yes. Commissioner Reyes: I just want to say, if I have to be just, is that I have seen quite an improvement in Code Enforcement in my area, in Flagami. And we have very good people working there -- Commissioner Carollo: Where I have seen -- Commissioner Reyes: -- Commissioner. Commissioner Carollo: -- and I have to acknowledge that too -- a difference in Code Enforcement has been in the food trucks. It might have been because they knew you were bringing this up, so I don't know. But in that particular area, I don't see them anymore, and I had quite a few in my district. Chair Hardemon: Commissioner Gort. Commissioner Gort: I'd like the -- if you allow me, a discussion item. We're talking about -- since we're talking about housing and affordable housing, and so on. I've been working very closely with Judge Leman. Nicole N. Ewan (Assistant City Clerk): Chair, if we can just get a vote on the withdrawal of this item. Commissioner Carollo: It's a motion. Commissioner Gort: Do you need a motion? Vice Chair Russell: You need a vote to withdraw? Commissioner Gort: Yes. Commissioner Reyes: I move it. Commissioner Carollo: Second. Commissioner Reyes: Withdraw. Ms. Ewan: Commissioner Gort, if you agree to just withdraw, we'll show it as a directive. Commissioner Gort: I withdraw. That's all. Ms. Ewan: Okay. Thank you. Commissioner Gort: Yeah. Yes. Ms. Mendez: And then on September 27, we'll bring the Amnesty Ordinance. Commissioner Carollo: Yeah. Commissioner Gort: Okay, thank you. City of Miami Page 112 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Ms. Mendez: And who will sponsor that, just so --? Commissioner Gort: All of us. Commissioner Carollo: I'll sponsor it, too. Commissioner Gort: All of us. Commissioner Carollo: Yeah, all of us. Chair Hardemon: Okay, wait. Also -- Commissioner Gort: Can I have the --? Commissioner Carollo: But the -- we're talking amnesty for residential properties. Commissioner Gort: Right. Commissioner Carollo: Correct? Ms. Mendez: Yes. Commissioner Gort: Yes. Ms. Mendez: Yes. Commissioner Carollo: That are -- Ms. Mendez: Just residential. Commissioner Carollo: -- owner occupied? Ms. Mendez: Yes. Commissioner Gort: Yes. Ms. Mendez: Yes. That's how we have it. Commissioner Carollo: Okay. Chair Hardemon: Okay. So look, we still have a few items that are left on the agenda. Commissioner Reyes: Homestead exemption. Commissioner Carollo: Yeah. Owner -occupied homestead exemption. Chair Hardemon: We still have -- Ms. Mendez: Yes -- Chair Hardemon: -- a few items that are left on the agenda. You say you want to (UNINTELLIGIBLE) ? Commissioner Gort: Yes, discussion item. Chair Hardemon: Before all of that? Before we handle the rest of the items? City of Miami Page 113 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Gort: How many more we have? Chair Hardemon: We have one, two, three, plus -- like the, you know (UNINTELLIGIBLE). Vice Chair Russell: Can we do a 10-minute break before budget? Commissioner Gort: Let's do it. Chair Hardemon: And then -- yeah, I mean, we can knock this out before we go to the budget. Vice Chair Russell: We need a break. END OF FIRST READING ORDINANCES City of Miami Page 114 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 RE — RESOLUTIONS RE.1 RESOLUTION 4391 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE GRANT FUNDS IN A TOTAL AMOUNT, NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00), TO CAMACOL DEVELOPMENT COUNCIL, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE HEMISPHERIC CONGRESS EVENT; 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-18-0376 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.1, please see "End of Consent Agenda." RE.2 RESOLUTION 4393 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE GRANT FUNDS IN A TOTAL AMOUNT, NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00), TO MULTI -ETHNIC YOUTH GROUP ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR GENERAL PROGRAM FUNDING, AS STATED HEREIN; 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-18-0377 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.2, please see "End of Consent Agenda." City of Miami Page 115 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 RE.3 RESOLUTION 4481 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE GRANT FUNDS, FROM THE MAYOR'S SHARE, IN A TOTAL AMOUNT, NOT TO EXCEED FIFTEEN THOUSAND DOLLARS ($15,000.00), TO RER CONSULTING ENTERPRISE LLC, A FLORIDA LIMITED LIABILITY COMPANY, TO PROVIDE COMMUNITY ENGAGEMENT FOCUS GROUP SESSIONS FOR COMMUNITY RESIDENTS WITH CITY POLICE OFFICER(S) INVOLVEMENT; 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-18-0378 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.3, please see "End of Consent Agenda." RE.4 RESOLUTION 4482 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE GRANT FUNDS IN A TOTAL AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS ($5,000.00) TO RED RAIDER ATHLETIC BOOSTER CLUB CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION, TO ASSIST CITY RESIDENTS WITH ATTENDING COLLEGE FOOTBALL CAMPS; 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-18-0379 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.4, please see "End of Consent Agenda." City of Miami Page 116 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 RE.5 RESOLUTION 4573 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE GRANT FUNDS IN A TOTAL AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) TO CURLEY'S HOUSE OF STYLE, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR ITS SENIORS HURRICANE PREPAREDNESS PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0380 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.5, please see "End of Consent Agenda." RE.6 RESOLUTION 4700 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO ADEQUATELY AND FULLY APPROPRIATE FUNDS TO EACH SCHOOL DISTRICT IN ORDER TO ASSIGN ONE OR MORE SCHOOL RESOURCE OFFICER(S) OR SAFE - SCHOOL OFFICER(S) PURSUANT TO THE PROVISIONS OF THE "MARJORY STONEMAN DOUGLAS HIGH SCHOOL PUBLIC SAFETY ACT"; DIRECTING THE CITY MANAGER TO MAKE THIS ITEM A LEGISLATIVE PRIORITY FOR THE 2019 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-18-0381 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.6, please see "End of Consent Agenda." City of Miami Page 117 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 RE.7 RESOLUTION 4571 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF THE DISTRICT 4 SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE GRANT FUNDS IN A TOTAL AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS ($5,000.00) TO KALEL'S MPS SUPERHERO FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR GENERAL PROGRAM FUNDING; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0382 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.7, please see "End of Consent Agenda." City of Miami Page 118 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 RE.8 4200 Department of Resilience and Public Works RESOLUTION TO BE DEFERRED A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ESTABLISHING A ONE (1) YEAR PILOT PROGRAM FOR PARKLETS ("PILOT") TO BE ADMINISTERED BY THE CITY OF MIAMI ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("DEPARTMENT"); ESTABLISHING CRITERIA FOR PERMITTED LOCATIONS, GENERAL PHYSICAL REQUIREMENTS, FABRICATION, AND CONSTRUCTION AND INSTALLATION STANDARDS; PROVIDING FOR AN APPLICATION FEE; ESTABLISHING A PROCESS FOR THE EVALUATION AND REVIEW OF APPLICATIONS; REQUIRING EXECUTION OF A PARKLET PERMIT AS A CONDITION PRECEDENT TO CONSTRUCTION, INSTALLATION, AND OPERATION OF A PARKLET; DELEGATING AUTHORITY FOR EXECUTION OF PARKLET PERMITS TO THE CITY MANAGER OR DESIGNEE; ESTABLISHING A MAXIMUM NUMBER OF FIVE (5) PARKLETS UNDER THE PILOT, SUBJECT TO THE AUTHORITY OF THE CITY MANAGER OR DESIGNEE FOR AUTHORIZATION OF AN ADDITIONAL FIVE (5) PARKLETS, UPON GOOD CAUSE SHOWN BY THE DEPARTMENT; ESTABLISHING SUCH OTHER TERMS AND CONDITIONS PURSUANT TO THE PARKLET REVOCABLE LICENSE AS DEEMED NECESSARY; PROVIDING FOR AN EFFECTIVE DATE MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Notes for the Record: Item RE.8 was deferred to the September 27, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item RE.8, please see "Order of the Day." City of Miami Page 119 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 RE.9 RESOLUTION 2525 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE CITY MANAGER'S RECOMMENDATION APPROVING THE FINDINGS OF THE SELECTION COMMITTEE THAT VIRGINIA KEY, LLC, ("PROPOSER") IS THE TOP RANKED PROPOSER FOR REQUEST FOR PROPOSALS NO. 16-17-011, LEASE OF CITY OF MIAMI-OWNED WATERFRONT PROPERTY FOR MARINAS/RESTAURANT/STORE USES LOCATED AT APPROXIMATELY 3301, 3605, 3501, 3311, & 3511 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA ("RFP"); AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE ("LEASE"), SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ATTORNEY AS TO FORM AND CORRECTNESS, FOR AN INITIAL TERM OF FORTY-FIVE (45) YEARS, WITH TWO FIFTEEN (15) YEAR RENEWAL TERMS AND PAYMENT OF A MINIMUM GUARANTEED ANNUAL RENT EQUAL TO TWO MILLION TWO HUNDRED THOUSAND DOLLARS ($2,200,000) INCREASED ANNUALLY BY THE GREATER OF 3% OR CPI ("BASE RENT"); TOTALING APPROXIMATELY TWO HUNDRED THREE MILLION NINE HUNDRED EIGHTY FOUR THOUSAND SIXTY DOLLARS ($203,984,060.00) OVER THE INITIAL TERM; SIX PERCENT (6%) OF GROSS REVENUES; APPROXIMATELY EIGHTY MILLION DOLLARS ($80,000,000.00) PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE MARINA IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING; FURTHER PROVIDING THAT THE EXECUTION OF THE LEASE IS SUBJECT TO THE APPROVAL OF A MAJORITY OF THE VOTES CAST BY THE ELECTORATE AT A REFERENDUM SPECIAL ELECTION; FURTHER CLARIFYING THAT SUCH AWARD OF THE RFP DOES NOT CONFER ANY CONTRACTUAL RIGHTS UPON PROPOSER UNTIL SAID FAVORABLE REFERENDUM HAS OCCURRED AND A CONTRACT IS ENTERED INTO, AS REQUIRED BY THE CITY CHARTER. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Notes for the Record: Item RE.9 was deferred to the September 27, 2018, Planning and Zoning Commission Meeting. A motion was made by Vice Chair Russell, seconded by Commissioner Reyes, which failed by the following vote; AYES: Commissioners Russell and Reyes; NAYS: Commissioners Carollo, Gort and Hardemon; to indefinitely defer item RE.9. For additional minutes referencing Item RE.9, please see "Public Comment Period for Regular Item(s)" and Item NA.2. Vice Chair Russell: Mr. Chairman? City of Miami Page 120 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Carollo: No, you can't. Chair Hardemon: RE.9 and RE.10, what are we doing? Vice Chair Russell: I'd like to make a motion to defer those indefinitely. Commissioner Carollo: RE -- Vice Chair Russell: 9 and 10. Commissioner Carollo: -- 9 -- Commissioner Gort: What are 9 and 10? Commissioner Carollo: Let me see. Going back, RE.9 and 10 was what, again? Chair Hardemon: Virginia Key Marina. Victoria Mendez (City Attorney): Virginia Key REP (Request for Proposals). Commissioner Carollo: There's a motion for a deferment? Vice Chair Russell: Yes. Commissioner Gort: No, no. On FR.9? Ms. Mendez: Deferral. Vice Chair Russell: 9 and 10, deferral. Move for a deferral. Chair Hardemon: The Vice Chairman has moved for a deferral of RE.9 and RE.10. Nicole N. Ewan (Assistant City Clerk): Chair, is this for an indefinite deferral, Vice Chair? Commissioner Gort: No, no. Vice Chair Russell: Yes. We can always bring it back earlier, if we need to. I've been advised by the City Attorney that we are under appeal for this, and that we shouldn't be taking action on this until we've gotten clarity. Later... Chair Hardemon: Now, the Chair would like to entertain a motion to continue 15 days. Does that -- that makes the next meeting, right? Commissioner Reyes: Yes. Chair Hardemon: So if we continue RE.9 and RE.10 to the next meeting, that will be fine. Commissioner Carollo: Yeah. Chair Hardemon: Is there a motion to do that? Commissioner Carollo: There's a motion to continue RE.9 and 10 to the next meeting. City of Miami Page 121 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Vice Chair Russell: Second it. Chair Hardemon: Been properly moved and seconded. Mr. Dotson: Mr. Chairman, with one caveat; that it would be in the afternoon. Commissioner Carollo: Yeah, with that caveat, of course. Commissioner Reyes: That's right. Mr. De Grandy: Thank you. Commissioner Gort: Okay. Chair Hardemon: All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. City of Miami Page 122 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 RE.10 RESOLUTION 2526 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING PROVISIONS FOR A REFERENDUM SPECIAL ELECTION ON FOR THE PURPOSES OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI ("CITY") FOR THEIR APPROVAL OR DISAPPROVAL OF THE FOLLOWING REFERENDUM BALLOT QUESTION: "SHALL THE CITY BE AUTHORIZED TO LEASE APPROXIMATELY 27.5 ACRES OF LAND ON VIRGINIA KEY TO VIRGINIA KEY, LLC FOR A 45-YEAR INITIAL TERM WITH TWO 15 YEAR RENEWALS; MINIMUM ANNUAL GUARANTEED RENT OF $2,200,000.00 (WITH ESCALATIONS) TOTALING APPROXIMATELY $203,984,060 OVER THE INITIAL TERM; 6% OF GROSS REVENUES; APPROXIMATELY $80,000,000.00 PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE MARINAS IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING?"; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; AUTHORIZING AND DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY PURSUANT TO APPLICABLE LAW. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Notes for the Record: Item RE.10 was deferred to the September 27, 2018, Planning and Zoning Commission Meeting. A motion was made by Vice Chair Russell, seconded by Commissioner Reyes, which failed by the following vote; AYES: Commissioners Russell and Reyes; NAYS: Commissioners Carollo, Gort and Hardemon; to indefinitely defer item RE.10. For minutes referencing Item RE.10, please see "Public Comment Period for Regular Item(s)" and Items RE.9 and NA.2. City of Miami Page 123 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 RE.11 4724 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI SPECIAL ELECTION HELD ON AUGUST 28, 2018. ENACTMENT NUMBER: R-18-0383 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.11, please see "End of Consent Agenda." END OF RESOLUTIONS City of Miami Page 124 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.1 4723 Office of the City Clerk BC — BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING THE AUGUST 21, 2018 ELECTION RESULTS OF CERTAIN INDIVIDUALS AS ELECTED MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Terrance Cribbs-Lorrant Elected Renarda Cunningham Elected Larry C. Houston, Sr. Elected Anitrice "Joy" McKinnis Elected Andre Williams Elected ENACTMENT NUMBER: R-18-0399 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Chair Hardemon: Mr. Clerk, are there any boards and committees that we need to consider? Nicole N. Ewan (Assistant City Clerk): Yes. Chair, there are a few boards and committees. BC.1 -- Commissioner Carollo: If I could begin with -- Chairman, if it's okay -- BC.4, I'd like to reapp -- Chair Hardemon: Just let her go on the normal thing. Commissioner Carollo: Okay. Chair Hardemon: She's going to call it and then we go. Commissioner Carollo: This is just one. If we could -- Vice Chair Russell: Let -- Chair Hardemon: Just do the normal (UNINTELLIGIBLE). City of Miami Page 125 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.2 3684 Office of the City Clerk Vice Chair Russell: They have a list. Commissioner Carollo: Okay. Chair Hardemon: Yeah. Ms. Ewan: BC.1 is a resolution ratifying the August 21, 2018 election results for the Overtown Community Advisory Board. Commissioner Carollo: Move. Chair Hardemon: Is there a motion? It's been properly seconded by the Chair. All in favor, say "aye. The Commission (Collectively): Aye. Chair Hardemon: Motion carries. 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: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes City of Miami Page 126 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.3 3685 Office of the City Clerk BC.4 4742 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes 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: Alexander Cardenas ENACTMENT NUMBER: R-18-0400 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Carollo, Reyes NAYS: Russell ABSENT: Gort NOMINATED BY: Commission -At -Large Nicole N. Ewan (Assistant City Clerk): BC. 4 is Bayfront Park Management Trust. I believe that there is an at -large seat. Commissioner Carollo: Yes. The re -- Vice Chair Russell: I'd like to move for Nathan Kurland. City of Miami Page 127 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Carollo: -- reappointment of Alex Cardenas on PZ. 4 [sic]. Vice Chair Russell: I put a motion in. Commissioner Carollo: I -- Vice Chair Russell: We don't even have a full dais. Commissioner Carollo: -- just made a motion for the reappointment. Chair Hardemon: He tried -- I will say this: Commissioner Carollo, you tried to make a motion, and so, I'll honor the fact that you wanted to make a motion first. So Commissioner Carollo: Thank you. Chair Hardemon: -- what's your motion? Commissioner Carollo: I'd like to reappoint the previous appointment that was there before I became a Commissioner, who has done a fine job, Alex Cardenas, to Commission at -large. Chair Hardemon: All right. The Chair will second that. Commissioner Carollo: Okay. Chair Hardemon: Any discussion? Vice Chair Russell: Yes, please. Chair Hardemon: You're recognized. Vice Chair Russell: I wanted to appoint. We don't have a balanced at -large portion on this board right now, and I really would like to see a balanced at -large portion; otherwise, Commissioner Carollo and the three at-larges will always be able to outvote the rest -- the remainder of the board. Commissioner Carollo: That's not so. Vice Chair Russell: And so, I'm just looking for a check and balance -- Commissioner Carollo: That -- Vice Chair Russell: -- that gives the neighbors of that area -- Commissioner Carollo: -- that -- Vice Chair Russell: -- a voice. And so, we're asking, please, that the Commission allow it to be -- Commissioner Carollo: -- that -- Vice Chair Russell: -- choose one of the at -large appointments. Commissioner Carollo: -- is not so. And, you know, Commissioner, I don't know why -- You have more boards that you Chair than anybody here. While we have Commissioners that don't even have one board, you got several; you get to appoint City of Miami Page 128 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.5 4251 Office of the City Clerk many other people. When these appointments were made by the previous Commissioner that was here, you didn't have any problems, but since I got here, you didn't want me to be Chairman, then you didn't want me to have the same rights; and now, here you go back again, after you tried to do -- and undo the board. Now you're corning back for a good appointment that everybody knows in the City that has done a great job there, that you approved before when the previous Commissioner was here, but now, because I'm the one that's sitting here, you come with all these excuses. Vice Chair Russell: It's not personal. Commissioner Carollo: Well, I'm beginning to think it is. Vice Chair Russell: No. Commissioner Carollo: So I -- you know, my motion stands. And I don't want to embarrass, you know, Mr. Cardenas, that has done a great job there; nor the department that he works for, Fire and Rescue in the City. His appointment was made before I came here; I'm keeping him on, so how could I be accused that I control this? I don't control it. Each of you have an appointment there; I got a couple of more. I call the question. Chair Hardemon: Seeing no further discussion, all in favor of the motion, say aye. Commissioner Carollo: Aye. Chair Hardemon: All against? Vice Chair Russell: Nay. Chair Hardemon: Motion carries. Commissioner Carollo: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell City Manager Emilio T. Gonzalez City of Miami Page 129 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.6 4253 Office of the City Clerk BC.7 4743 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI COMMUNITY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. NOMINATED BY: Chair Keon Hardemon Commissioner Manolo Reyes Commission -At -Large APPOINTEE: Gustavo Perez RESULT: DISCUSSED NOMINATED BY: Commission -At -Large Nicole N. Ewan (Assistant City Clerk): BC.7, Community Advisory Board: The board is asking to confirm Gustavo Perez. Chair Hardemon: To confirm. He was elected, or he was appointed? Ms. Ewan: This goes through a nominating committee for the Community Advisory Board and comes to Commission for confirmation. Commissioner Carollo: Well, I don't know Mr. Perez. I -- does anybody know him? Chair Hardemon: What district is he out of? Ms. Ewan: The liaison did provide Mr. Perez' resume that's attached to the item, BC.7, for the Community Advisory Board. City of Miami Page 130 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Vice Chair Russell: I'll move it. Commissioner Carollo: Explain how this works again. The board -- Ms. Ewan: The board selects -- Commissioner Carollo: -- chooses -- Ms. Ewan: Exactly. -- an individual, and it comes to Commission for confirmation, based on the Code. Commissioner Carollo: I see. Do Commissioners have direct appointments to (UNINTELLIGIBLE) ? Ms. Ewan: No, the board does not have any direct appointments by the Commission. Commissioner Carollo: Well, then, I really would like to hold off on this to get a little more informed, because, you know, the only board that we have like that that I knew of was the Off -Street Parking. That's an independent -- semi-independent body, but that I never will be able to give an input as to who could go there. That concerns me; maybe others feel differently, and, you know, we have a democracy here that -- but I'd like to, you know, hold off on this one until I get a little more informed on it. Ms. Ewan: No problem, Commissioner. We can do that. Chair Hardemon: How many boards for -- how many appointments for the CAB (Community Advisory Board) Board do you have, or is it just that one? Ms. Ewan: Just this one -- Chair Hardemon: All right. Ms. Ewan: -- for the Community Advisory Board. Chair Hardemon: How much do you have? Commissioner Carollo: How many members does this board have? Ms. Ewan: The board has 13 members. Commissioner Carollo: 13, and we don't get any. See? And you complain about me for two. You want to be the Chairman of this one, too, or not? Chair Hardemon: All right, let's move on. Ms. Ewan: We can definitely defer this item. We'll bring it back, Commissioner. And we can reach out to the executive director and the liaison to reach out to you with any questions that you may have. Commissioner Carollo: Okay. Thank you. City of Miami Page 131 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.8 4744 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes City of Miami Page 132 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.9 4255 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo City of Miami Page 133 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.10 4257 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: Chair Keon Hardemon Commissioner Joe Carollo Commissioner Manolo Reyes City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City of Miami Page 134 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.11 3855 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes IAFF FOP AFSCME 1907 AFSCME 871 City of Miami Page 135 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.12 3856 Office of the City Clerk BC.13 4746 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo City Manager Emilio T. Gonzalez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Berta Davis (AFSCME Local 1907) ENACTMENT NUMBER: R-18-0401 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Chair Hardemon: Is that all? Commission -At -Large Ms. Ewan: Just a couple more, Commissioner. BC.13, General Employees and Sanitation Employees Retirement Trust: AFSCME (American Federation of State and County Municipal Employees) Local 1907 is requesting confirmation of Berta Davis. City of Miami Page 136 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.14 1599 Office of the City Clerk Vice Chair Russell: I'll move it. Chair Hardemon: Been properly moved. Commissioner Carollo: Second. Chair Hardemon: Seconded by Commissioner Carollo. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes City of Miami Page 137 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.15 4395 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. RESULT: APPOINTEES/CATEGORIES: (Citizen — Category 7) (Real Estate Broker — Category 5) (Citizen — Category 7) (Historian/Architectural Historian - Category 3) (Business and Finance or Law — Category 6) (Architect — Category 1) NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes City of Miami Page 138 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.16 4064 Office of the City Clerk BC.17 4259 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Chair Keon Hardemon Commissioner Wifredo (Willy) Gort RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Christine Ford -King ENACTMENT NUMBER: R-18-0402 MOTION TO: ADOPT RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort NOMINATED BY: Chair Keon Hardemon City of Miami Page 139 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.18 4748 Office of the City Clerk Nicole N. Ewan (Assistant City Clerk): BC.17, Miami Forever Bond Program/Citizens Oversight Board: Chair Hardemon is requesting appointment of Christine Ford -King. Vice Chair Russell: I'll move it. Commissioner Carollo: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort City of Miami Page 140 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.19 4749 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Youth Member) RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Chair Keon Hardemon Chair Keon Hardemon Chair Keon Hardemon Chair Keon Hardemon Chair Keon Hardemon Chair Keon Hardemon City of Miami Page 141 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.20 4261 Office of the City Clerk BC.21 4396 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Wifredo (Willy) Gort Commissioner Joe Carollo Commissioner Manolo Reyes City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes City of Miami Page 142 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.22 4262 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE SEA LEVEL RISE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Reinaldo Borges Amy Clemente Mariana Boldu ENACTMENT NUMBER: R-18-0403 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort NOMINATED BY: Commissioner Manolo Reyes Commission -At -Large Commission -At -Large Nicole N. Ewan (Assistant City Clerk): And BC.22, Sea Level Rise Committee: Vice Chair Russell is requesting reappointment of Patrick Rynne, appointment of -- Vice Chair Russell: I don't believe so. That sounds like a mistake. I think there was a replacement person for that one. Ms. Ewan: The latest that I spoke with your Chief of Staff, she had indicated that there would be a reappointment for Mr. Rynne. We can hold off on that, if you would like. Vice Chair Russell: Table that one for a second; let me get confirmation, please. Ms. Ewan: Sure, absolutely. Would you like to move with the appointment of Amy Clemente and Marina [sic] Boldu? Vice Chair Russell: Yes. Commissioner Carollo: What board is this for? Ms. Ewan: This is the Sea Level Rise Committee. Commissioner Carollo: How many appointments do each of us have? Ms. Ewan: Each Commissioner has one. There are some at -large appointments, as well, on this board. Commissioner Carollo: And how come he's getting several then? City of Miami Page 143 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Vice Chair Russell: I don 't know. Commissioner Carollo: Explain to me, Ken; come on now. It's not personal, right? Vice Chair Russell: Then offer somebody. Commissioner Carollo: Not personal. Vice Chair Russell: You've got three at -large that you -- and the last time they were appointed, you said, "This is the way it should be. I'm the Chairman of this board, so I want all of the at-larges at my will," and you got your way. Commissioner Carollo: Ken, I have no problem, but why do you keep having problem with the only board that I'm Chairman of? Vice Chair Russell: That's the only board you're Chairman of. Commissioner Carollo: Yeah, the Bayfront Park Trust. Vice Chair Russell: Because the residents in downtown do not have a voice about a park that is becoming abusive -- Commissioner Carollo: The residents have -- Vice Chair Russell: -- to their quality of life. And so, I'm trying to give them a voice with seats on the board. That's all. It's not about you. Commissioner Carollo: For the first time in the history of that board, the residents have a Chairman that is listening to them more than any other Chairman ever has, and is working with them, so I think you need to stand corrected on that. I won't do to you what you tried to do to me. I'll approve it, whoever he wants, as long as they get their act together, who the -- Chair Hardemon: So BC -- Commissioner Carollo: -- Chief of Staff wants and whom he wants. Chair Hardemon: -- BC.22 -- Commissioner Carollo: They're not sure. Chair Hardemon: -- it says -- the document that we have before us says that seven appointments are needed at this time. Is that what it says? Ms. Ewan: That is correct. Chair Hardemon: So, for instance, where I have chaired -- I have a -- I had appointed Kilan Bishop; her term expires September 8, 2018. You're asking me whether or not I want to extend her? Ms. Ewan: If you would like to reappoint her. Chair Hardemon: I would like to reappoint her. Ms. Ewan: Okay. So I will include that in Commissioner Carollo's motion. City of Miami Page 144 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: Right. And so, on that document, the Vice Chairman has -- well, he has -- I think he just discussed that. Then Commissioner Carollo, you had Wayne Pathman; his term expires December 2, 2017. Well, it is expired. Commissioner Carollo: Yeah. You're fine with Wayne? Vice Chair Russell: He's doing great. Commissioner Carollo: Okay. Well, then, I'll -- you know, I wanted to make sure you were happy. I'll rename Wayne. Vice Chair Russell: But he doesn 't need to be reappointed at this point. Ms. Ewan: He does need to be a reappointment, if -- Chair Hardemon: He doesn't -- Ms. Ewan: -- Commissioner Carollo would like to move with his reappointment. Vice Chair Russell: Right, but he stays -- for lack of reappointment, he stays in place until someone reappoints him, right? Ms. Ewan: Yes, he does. Vice Chair Russell: It's not a mandatory (UNINTELLIGIBLE). Commissioner Carollo: But I'm asking you, would you like for me to reappoint him? Vice Chair Russell: He's your appointee, sir; you can choose whoever you like. Commissioner Carollo: Okay. Well -- all right. Well, put down Wayne for the next meeting so I could appoint him. I want to make sure that Wayne has not been serving with Commissioner Russell. I think he is, but, you know -- Chair Hardemon: That's probably -- that probably -- I should probably check with Kilan as well; she's a student, so I need to make sure that she'll be here to (UNINTELLIGIBLE) another appointment. Commissioner Carollo: Gee. Chairman Gort -- Chair Hardemon: And then -- Commissioner Carollo: -- how many boards are you -- excuse me -- Commissioner Gort, how many boards are you Chairman of? Commissioner Gort: None. Commissioner Carollo: How many board are you Chairman of? Chair Hardemon: I can't -- Commissioner Carollo: You got three that I'm counting so far. Boy, you're a lucky man. Chair Hardemon: The -- and then Commissioner Manolo Reyes, you have Reinaldo Borges, whose term expired on November 15, 2017. So that's someone that you -- City of Miami Page 145 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 you know, you may think about as well, but we don't have to do that right now, right? So we're just moving on. Ms. Ewan: Correct. Those members will stay until a reappointment or appointment takes place. Chair Hardemon: Reappoint? Commissioner Reyes: Yeah, reappoint. Chair Hardemon: Manolo Reyes wants to reappoint. Ms. Ewan: Okay. So for the record, I have the reappointment of Reinaldo Borges, and I have an appointment for Amy Clemente and Maria [sic] Boldu by Vice Chair Russell, and those are at -large seats. Commissioner Carollo: Okay. So how many is he appointing now? Ms. Ewan: Two. Commissioner Carollo: Two. How 'bout the third? Ms. Ewan: Vice Chair Russell is -- Vice Chair Russell: Tabled. Ms. Ewan: -- going to hold off on the third person. Commissioner Carollo: Oh, okay. Chair Hardemon: Okay. Well, is there a motion? Commissioner Carollo: There's a motion. Commissioner Reyes: Second. Commissioner Carollo: I make the motion -- Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: That motion carries. And all I need is my able-bodied assistant to reach out to Ms. Bishop to see if she wants to be reappointed, okay? Thank you. If you mess up, everybody saw that you messed up. Ms. Ewan: That concludes the boards and committees. Thank you. Chair Hardemon: Thank you very much. City of Miami Page 146 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.23 3692 Office of the City Clerk BC.24 3693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE SENIOR CITIZENS' ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large City of Miami Page 147 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.25 3476 Office of the City Clerk BC.26 4263 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez City of Miami Page 148 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.27 4411 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Chair Keon Hardemon Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Joe Carollo City of Miami Page 149 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 BC.28 4264 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes City of Miami Page 150 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 DI.1 4621 Department of Police DI — DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION ON THE STATUS OF HIRING POLICE OFFICERS. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item DI.1 was deferred to the September 27, 2018, Planning and Zoning Commission Meeting. Chair Hardemon: So we have some discussion items. Let's -- I would say, we -- it's up to you all, whether we could table, if you like, the discussion items. Well, we've already -- DI2 was Commissioner Gort's, right? Unidentified Speaker: Yes. Emilio T. Gonzalez (City Manager): Mr. Chairman? Chair Hardemon: DI2 was Commissioner Gort's. Commissioner Carollo: Do you have any more, Commissioner? Chair Hardemon: The only one -- only thing we have left is the status of hiring police officers. Mr. Gonzalez: Yeah, we would like to defer that, Mr. Chairman. Commissioner Carollo: Okay. Chair Hardemon: All right. So we can defer that till the next meeting. Vice Chair Russell: 1'll move it. Chair Hardemon: It's been properly moved; seconded by the Chair. Commissioner Carollo: Second. Chair Hardemon: Seeing no objection, that motion carries. Commissioner Carollo: Yeah. Chair Hardemon: And then that means that we are finished with our agenda. Commissioner Reyes: Thank you. Commissioner Carollo: Thank God. Vice Chair Russell: Great time. City of Miami Page 15] Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: Okay. So this meeting is adjourned. Commissioner Reyes: Thank you. Commissioner Carollo: Now we go into the budget. Chair Hardemon: Then we go into the budget. We have to open that up separately, though, right? Commissioner Carollo: Yeah. Chair Hardemon: It's like some law you have to read, et cetera. DI.2 DISCUSSION ITEM 4757 Commissioners and Mayor DISCUSSION ITEM TO REVIEW AND DISCUSS THE POTENTIAL DEVELOPMENT OF TWO POTENTIAL CITY -OWNED SITES WITHIN CLOSE PROXIMITY TO THE HEALTH DISTRICT INTO AN AFFORDABLE AND SUPPORTIVE HOUSING DEVELOPMENT PROJECT. RESULT: DISCUSSED Commissioner Gort: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Gort: Before we go into the record, since I have Mr. Rotenberg, I'd like to -- my discussion item, please. It'll only be five minutes. Chair Hardemon: It's recognized, sir. Commissioner Carollo: Which one is that, Commissioner? Commissioner Gort: Discussion item that I have that I've been working with Judge Leman -- Commissioner Carollo: Okay, sure. Commissioner Gort: -- to create housing within the district. There's no action to be taken. It's just for information purpose. Commissioner Carollo: Yeah. I was told from staff by this Commissioner -- you know, let me compliment you on it. This is getting creative. This is the kind of thing that we need from all of us, to look into our districts for areas that we could create not only affordable housing that we need and we all know we need so badly, but to also create jobs and other opportunities. Daniel Rotenberg (Director): Again, Daniel Rotenberg, Department of Real Estate & Asset Management. We were going to try to put something up, but if we only have a few minutes, this is essentially copying a development that's over in Brooklyn that took over Brooklyn Hospital, renovated it in two phases; about 501 units. We've got between 6.9 and seven and a half acres. They're located in Commissioner Gort's district on Northwest 23rd; part of which is State-owned property that Judge City of Miami Page 152 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Leman has been working on to do some sort of an affordable housing project. So we're going to combine a potential property of ours, which is about 32,000 feet, zoned CI (Civic Institutional), and then we're going to combine it with about 254,000 -- again, 5.83 acres -- into one larger project. We're working with Judge Leifman right now. We're working with a group that's out national -- we're working with a national credit -- a housing development corporation, and we've spoken to a few local developers that gauge interest. We'll go through the formal process that we need to for procurement. And if we have the Commission's approval and direction, we'll continue to pursue this. Commissioner Carollo: What's the total amount of acres that are there that you could use to develop? Chair Hardemon: More than six acres. Mr. Rotenberg: Right now, without taking a private piece of property that we're going after, we have 6.92 acres. Commissioner Carollo: 6.92. Commissioner Reyes: That's it. Commissioner Carollo: Is the Planning Director around? Commissioner Gort: By the way, in order to expand it, we need for Mr. Rotenberg to get together with Commissioner Hardemon, because we might need to do a trade, so I would like for him to discuss it with you. Chair Hardemon: Okay. Commissioner Carollo: You could really get up running on this one. This is a thick piece of land. Francisco, let's just -- Commissioner Gort: The main thing is we have tax credit, national tax credit, which is very important. Commissioner Carollo: Yeah, that is. Francisco, do you have any idea on this parcel what is the density that we have there; how high can we go, and how many units we could put in there? Francisco Garcia (Director, Planning): I do, sir. The zoning designation, I am advised, is CI, civic institutional. And the advantage for civic institutional is that it takes on the density and intensity of abutting properties, and in this case, we have abutting properties that are T6-O -- or T6-8-O, so that would be tantamount to 150 units per acre in terms of density, and in terms of height, 12 stories. Commissioner Carollo: And while for affordable housing, we could create our own zoning, it's probably not recommendable to go beyond 12, because that's when it really starts getting expensive on building, so we don't need to in that area, especially when you have almost seven acres. My God; even if you only do a hundred per acre, you could build around 700 units there and -- Mr. Garcia: There is one caveat, Commissioner, which is this: The present zoning designation, by virtue of being civic institutional -- Commissioner Carollo: Yeah. City of Miami Page 153 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Mr. Garcia: -- has no inherent density; it requires a zoning change to be able to add the residential uses. Commissioner Carollo: Right. Mr. Garcia: But that's certainly very straightforward to do. Commissioner Carollo: Yeah. Well, I don't -- I think we know a few people up here that could do that. Mr. Garcia: Possibly. Commissioner Carollo: But, you know, not knowing how big the other parcel is and trying to keep the density not as high, Commissioner, you have the potential there for at least a thousand units, so that's big. Commissioner Gort: That was the idea. And hopefully, we will not have to use much of the City monies. Commissioner Reyes: How many units are you planning on? How many units are you planning on? Mr. Rotenberg: We have the ability to potentially put up between 750 and 900 units, based on the discussions we've had so far, in two phases. Commissioner Carollo: The -- Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Carollo: Well -- Commissioner Reyes: I was going to be (UNINTELLIGIBLE). Commissioner Carollo: -- once we come back a little later, maybe in October, you're going to see how we're not going to have to use City money; just City credit, and we're going to be able to build your thousand units right away. Commissioner Hardemon needs to figure out where he wants to build -- you do too -- so we could take off -- Commissioner Reyes: Take off. Commissioner Carollo: -- you know, at the same time everywhere, but that's just good. I'm glad you found a piece like that that we don't have to buy the land, so that becomes even better. Mr. Rotenberg: And just so -- Commissioner Reyes: Congratulations, sir. Mr. Rotenberg: Sorry. The intention is to have private money build this. Commissioner Carollo: Well -- Commissioner Gort: Less (UNINTELLIGIBLE). Commissioner Carollo: --I'd like to begin this before you retire, so. City of Miami Page 154 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Gort: Yes. Mr. Rotenberg: The intention is not to have City money involved in here; to have private money build this. Commissioner Carollo: Yeah. Commissioner Reyes: It's going to be a private public partnership, right? Mr. Rotenberg: It might even end up being a P3. Commissioner Reyes: Are you going to apply for State funds and Federal funds? Commissioner Gort: It's all tax -- national tax credit. Commissioner Carollo: It's national tax credit, yes. Commissioner Gort: It's US (United States) tax credit. Okay. Commissioner Carollo: Thank you. Commissioner Gort: Thank you. Commissioner Reyes: Thank you. Commissioner Gort: Just wanted to make the presentation. Appreciate it. END OF DISCUSSION ITEMS City of Miami Page 155 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) Chair Hardemon: So at this time, what I'd like to do is open up the floor for public comment on the PZ (Planning & Zoning) agenda. If you're a member of the public and you want to speak on any of the items that is on the agenda for PZ, now is your opportunity. Approach any of the two lecterns and state your first name, your last name; you may state your address, and which item it is that you're speaking of. Once again, you have two minutes to address this body. Any of the lecterns you can approach. State your first name, your last name; you may state your address, which item it is that you're speaking of and make your comment. You're recognized, sir. Mark Bailey: Thank you. My name is Mark Bailey, Miami River Marine Group, 3033 Northwest North River Drive. Miami River Marine Group has been supporting Miami's working river for over 25 years. Today we're joining others, including the Miami River Commission, the Marine Council, and Antillean Marine with our request of deferral for the proposed amendment to Miami 21 Code allowing for gambling facilities and uses at D3 (District 3) waterfront industrial designated sites. Thank you. Chair Hardemon: Thank you, sir. Ayme Rivero: Good afternoon, Commissioners. My name is Ayme Rivero, and I live off of 17th Avenue, close to the Marlins Stadium, and I am very proud to a member of Commissioner Carollo's district. I started my journey at Magic City Casino nine years ago as the assistant to our COO (Chief Operating Officer). Today I am the Hospitality Ambassador that represents our casino in hotels and events around town. Most recently, I was promoted as Transportation Manager. Yes, me, a Cuban - American woman, Transportation Manager. This is the sort of forward -thinking establishment you would be bringing into the Edgewater community; besides, of course, things that are given, like the extra revenue that will be generated from the good paying jobs that this new jai alai fronton and cardroom will create for many Miami residents. This is so much more than another entertainment option, Commissioners. This will be a smart move for the City overall. Please do not impede other residents of our City from having the opportunity to begin a journey just as wonderful as mine, to work for a place that fosters such an amazing atmosphere as Magic City Casino. We respectfully and with an overwhelming sense of hope in our City leaders ask that you oppose Ordinance 11314 and make us and a lot of other people living in Miami very happy. Thank you very much. Chair Hardemon: You're recognized, ma'am. Christy Serralta: Good afternoon, Commissioners. My name is Christy Serralta. I live in 611 Southwest 47th Avenue in the City of Miami, in Commissioner Russell's district. I would like to speak against the proposed change to Ordinance 13114, as it pertains to jai alai and cardroom. I work in the Finance Department at Magic City Jai Alai. I've seen firsthand the relationship the company has with the City of Miami, and I am confident in saying that the community is important to them. I think it allows further employment to those of us -- for those of us who live in the City of Miami. Thank you. Courtney Farguhanson: Hey. Chair Hardemon: Hello. Mr. Farguhanson: How you doing? Good afternoon, Commissioners. My name is Courtney Farguhanson. I live at 423 Northwest 9th Street. City of Miami Page 156 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Todd B. Hannon (City Clerk): Chair, I'm sorry. Sir, could you just pull the microphone up so we can hear you? Mr. Farguhanson: Okay. I apologize. Okay, good afternoon. My name is Courtney Farguhanson. I live at 423 Northwest 9th Street in the City of -- Magic City -- Commissioner Hardemon's district. Chair Hardemon: Take your time. Mr. Farguhanson: I'm the security supervisor at Magic City Jai Alai, and I would like to speak against the ordinance to change the proposal 13114, as it pertains to the jai alai and cardroom. I would love to work at this proposed new location. Thank you. Have a good day. Chair Hardemon: Thank you. Vice Chair Russell: Thank you. Phyllis McMurtry: Yes, Commission. My name is Phyllis McMurtry. I live at 500 Northwest 17th Street, 33136, the district of Chairman Keon Hardemon. I wave in oppotion [sic] to the unfair proposed change to Ordinance Number 13114. I have been working at Magic City Casino in housekeeping for 12 years, and this would be a great opportunity for the City of Edgewood [sic] to see the great things that Magic City can bring to they district, far as getting jobs for families that lives in the neighborhood and parents. They wouldn't have to go very far to find work when they have kids. Thank you very much. Chair Hardemon: Thank you. Vice Chair Russell: Thank you. Juliette Santos: Good afternoon, Commissioners. My name is Juliette Santos. I live at 2540 Northwest 13th Ave. (Avenue), in the City of Miami, in Commissioner Gort's district. I am a poker dealer at Magic City Poker Room. I would like to speak against the proposed change to Ordinance 13114 as it pertains to jai alai and a cardroom. I would like to tell you a bit more about myself and my family with the company. My mother started working here over 22 years ago. At the time, she was pregnant with me while working in concessions. Today, I, myself, along with my cousin, work for the company, as well. I am grateful for the opportunities the company has given to us, and I would like for the opportunities to expand in other families, as well. Thank you. Chair Hardemon: Thank you. Hello. Maria Sanchez: Hello. Good afternoon, Commissioners. My name is Maria Sanchez. I live at 701 Brickell Key Boulevard, in the City of Miami, in Commissioner Russell's. I am a Cage Supervisor for Magic City Casino for the past five years, and I want to thank them for the great opportunity they gave us -- to all of us for the jobs and the family -oriented that they are to us. I would like to speak against the proposed change to the Ordinance 13114 as it pertains to jai alai and cardroom. I would like to work for that proposed new location. Thank you. Evelyn Rodriguez: Good afternoon, Commissioners. My name is Evelyn Rodriguez, and I live at 461 Northwest 36th Court, and my Commissioner is Manolo Reyes. I wave the -- in opposition to the unfair proposed change to the Ordinance Number 13114. Thank you. City of Miami Page 157 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: Thank you. Maria Batista: (Comments made in Spanish). Chair Hardemon: Do we have an interpreter here? I'm the only one that needs it, but -- Ms. Batista: Thank you. Chair Hardemon: Now, for people watching on television, as well, so they need it, too. Ms. Batista (As translated by Official Spanish Interpreter Alba Trevisiol): Hi. My name is Maria Batista -- sorry. Chair Hardemon: "My name, "I got that. Alba Trevisiol (Official Spanish Interpreter): -- Chair Hardemon: That part I got. Ms. Trevisiol: -- and I am from Miami. I live in --? Ms. Batista: In Miami. Ms. Trevisiol: -- in Miami. What is your address? Ms. Batista (As translated by Official Spanish Interpreter Alba Trevisiol): 300 Northwest 42nd Avenue. I have been working for two years and a half in the family of jai alai, Magic City Casino, and I want to -- Ms. Batista: Okay, let me try in my English. I have very accent, but I want to try. So I going to say thank you to everybody to give us the opportunity to work in Magic City for two years and a half. So today I will love to say thank you to everybody to hear us about the jai alai game. Most of the game, most of the sport, it's a history for many people, history for people from 80 years old, more than that, that tell about the story about Miami in -- years ago, like 34 years ago, how that worked in Miami, how the good experience they have in that time, how the great time they used to have at that time, and they want to keep having the same experience with us. So I want to say thank you for the opportunity to bring us here and -- well, to hear what we going to say. Okay. Commissioner Gort: That's very good. Chair Hardemon: I didn't understand a word you said. Ms. Batista: Thank you. I want to say it's more than a sport; it's a history for us. So we want to take an opportunity to make the proposition, to take our time to -- I don't know -- listen about the sport, listen about the story. It's very important for us and for our community. Like people from 80-something years old, 87, 70 years old, jai alai is very, very important for them, and for us, also. Chair Hardemon: Thank you very -- Ms. Batista: Thank you so much. City of Miami Page 158 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: -- much. And I want the record to reflect that was in jest. That was a joke. Lidia Medina: Good afternoon, everybody. My name is Lidia Medina. I would like to speak in Spanish, also. My English is not very well in this case. Ms. Medina (As translated by Official Spanish Interpreter Alba Trevisio): Hi. My name is Lidia Medina. I am -- want to speak in Spanish, not in English. Like Celia Cruz say, "My English is not very looking." I live at 2970 Southwest 38th Court, zip code 33134. My Commissioner is Ken Russell. I'm here -- I am a Housekeeping Manager, and I working for five years. I work before in the hospitality industry, and I continuing to working in that. It has been a good experience for me, and I want to thanks [sic] the family of Magic City Casino, and I want to thanks [sic] that opportunity. We feel that we are capable to bring this service to everybody in the country. I am against the ordinance. The number is 13114. I think that it is a very good opportunity to generate more employment and tourism. Jai alai is a good sport and I -- and we have (UNINTELLIGIBLE) in economic and industrial and cultural, and social field. Thank you so much. Chair Hardemon: Thank you. Is there anyone else that would like to make a public comment? Phillip Everingham: Yes. Good afternoon. My name is Phil Everingham, 6305 Southwest 58th Avenue, Miami, 33143; here representing the Marine Council, requesting a deferral of item PZ.2. Thank you very much. Chair Hardemon: Thank you, sir. Lindsey Shulman: Good afternoon, Commissioners. My name is Lindsey Shulman, and I'm part of the marketing team at Magic City Jai Alai. I live at 3470 East Coast Avenue, in Midtown, in Commissioner Russell's district. I would like to speak against the proposed change to Ordinance 13114 as it pertains to jai alai and a cardroom. To start, just the exterior of a beautiful new fronton will be a welcomed change of scenery from the usual dilapidated buildings we're so used to seeing on our Biscayne drive between 36th Street through 20th Street. Additionally, I believe that jai alai is the perfect fit for our city, which is blossoming in the realm of arts and entertainment. What is more perfectly suited than a sport with Hispanic roots and almost 200 years of history being reborn and reimagined in one of Miami's youngest and edgiest neighborhoods? As a Midtown resident in Commissioner Russell's district, I appreciate the fact that the increased police presence provided by this new fronton will make our neighborhood safer than ever before. And even better than that, we, as residents will not have to pay for that increased security out of our own pockets. Moreover, the fronton and cardroom will provide hundreds of good -paying jobs for Miami residents, and that's something that should not be discounted. This jai alai fronton should be a welcomed addition to our City. It will be a vibrant, family -friendly entertainment option for both tourists and Miami residents, alike. People living in and near the Edgewater neighborhood, like myself, will certainly benefit from and should be excited about the prospect of another state-of-the-art sports entertainment complex on Biscayne. Thank you very much. Chair Hardemon: Thank you. Steve Heilman: Mr. Chairman, good afternoon. Steve Helfman -- Chair Hardemon: Good seeing you. City of Miami Page 159 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Mr. Henan: -- 2525 Ponce de Leon Boulevard. I'm here this afternoon on behalf of Norman Brannan. I'm also speaking on behalf of George Perez. I just wanted to share with you that they are extremely supportive of this. They would urge you to pass this, certainly, on first reading; and then, when it comes back. This is an issue, really, of quality of life. And as you know, Mr. Brannan in particular has been involved in this issue for over three decades, trying to ensure that the quality of life in this community is maintained and improved. We do not think that these activities are an enhancement to the community; there are certainly a lot of things that are, and this is not one of them. In any event, most importantly, what this does is this allows anybody who proposes to have any gambling activity -- gaming activity -- to simply come before the Commission and put forth their case. And if they have a great use and a wonderful activity, and their community and their neighbors have an opportunity to speak to the issue, then they'll be approved; and if they don't, they won't be. And that's all that this ordinance does. And so, anyway, we'd ask you to pass it as it is. And certainly, if you have any questions, I'm here. Thank you. Chair Hardemon: Thank you. Manny Prieguez: I'm going to take advantage and speak now since Mr. Carollo is still in the back someplace; so that way, I don't get any more ribbing. Vice Chair Russell: He can hear you; there's speakers. There's speakers in there. Mr. Prieguez: Oh, my God, that means he's going to come out pretty soon. Commissioners, Manny Prieguez, 4000 Malaga Avenue, Miami, Florida 33133, proudly representing Magic City Casino. I'd like to bring just one point to your attention. Earlier this morning, this Commission had an issue before it where there was a quality of life issue, and a bunch of residents showed up, because they felt pretty strongly about it. They were here. They were here in their white caps, in their white shorts -- shirts, and they were here. And they were here because they cared about the issue, and it was important to them. In the PZAB (Planning, Zoning and Appeals Board) meeting that we had on this issue, not one Edgewater resident showed up to that meeting. Not one Edgewater -- there may have been one lady. I correct -- I stand corrected. There may have been one lady that got up and spoke. Nobody else came to that PZAB meeting, and it was very well announced in the Edgewater neighborhood that there was going to be an issue in front of the PZAB Board, and the folks in that meeting were urged to come. And you know what? They didn't; they didn't show up. Today we have another meeting and I think I might be the last one that speaks and I have yet to hear from any of the other residents in Edgewater, and I think that speaks volumes. That speaks volumes. There's one or two residents of Edgewater that care a lot about this issue, and I think that's why we're here today; the aforementioned gentlemen that are being represented by Mr. Helfman. Otherwise, if this was truly something that was as important as it's being alleged, this room would be packed with people being opposed to this issue; it's as simple as that; "A," "B," "C," one, two, three. So I urge you to please make the necessary amendments to this proposal so that this project could move forward. And then, after that, you want to change it the way you want to change it, by all means, it's within your purview to do that. But it is fundamentally unfair for you to change the rules of the game at this point in time for this facility and for this proposal, and I ask you to please take that into serious consideration. Thank you very much. Commissioner Carollo: Manny, Manny, don't go away yet. Mr. Prieguez: Oh, my God. Chair Hardemon: Let me finish public comment, though. Let -- City of Miami Page 160 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Carollo: No, no, just -- this is quick. Chair Hardemon: You want to say something to him? Okay. Commissioner Carollo: This is real quick. Let me compliment you and Izzy, that the employees that came here that work for you have been very honest. I didn't see any of the games that I usually see here; that people are sent that are working for someone, and they pretend that they're not. Everybody here was honest, above board. They gave their name, they gave their address where they lived, and they said, "Hey, I work for Magic City Casino. I'm proud of it." So there was no game - playing. And whichever way I vote, I want to compliment all of you for doing it this way. That's the way it should be. Mr. Prieguez: Commissioner, that -- what you witnessed today, what you heard today is a manifestation on the way this family, the Havenick family and how this company has handled itself since the 1950s in the City of Miami. Commissioner Carollo: Well, look, Izzy I've known for many, many, many years. He's a very likeable individual. He's always been upfront with me, so I have no problem with your boss. This guy, I don't know. Do you guys know him? Mr. Prieguez: I knew it was corning. Sooner or later, I knew it was corning. Thank you. Commissioner Carollo: Thank you, Manny. Commissioner Gort: Nothing against the boss. Edward Martos: Thank you, Commissioners. For the record, Edward Martos, with offices at 2525 Ponce de Leon Boulevard. I'm here on behalf of George Perez, with just one quick comment, which is that the reasons we don't see neighborhoods here represented is because this is a citywide application, and there were no notices put out to any particular neighborhood or any particular property owners; it's just a general application. What this ordinance that's before you would do would cause there to be a hearing, an opportunity for information to be gathered by the City and to be heard. And if the application has merits, it can be approved. There's nothing in this ordinance that would prohibit any action. The reason you don't see anyone -- the reason you don't -- again, the reason you don't see neighborhoods is because there is no application. There is no single proposal that's before you, and I want you to keep that in mind, and please approve this on first reading. Thank you. Chair Hardemon: Thank you, sir. Ron Book: Mr. Chairman, nice to see you, and thank you very much, Commissioners. Commissioner Carollo: Who do you work for, sir? Mr. Book: For the record, Ron Book, 18851 Northeast 29th Avenue, Suite 1010, Aventura, Florida 33180. And I am here on behalf of the oldest client that my firm has as an ongoing relationship that began in 1982. And Commissioner, when -- where did he go? Commissioner Gort: He walked out. Chair Hardemon: Yeah, he (UNINTELLIGIBLE). City of Miami Page 161 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Mr. Book: -- when he was five years old. 1952, Barbara Havenick's father opened the facility known as Flagler Dog Track. In 1972, they opened up a facility in Bonita Springs. They're the longest pari-mutuel family in the State of Florida. Before they pulled the first lever on a slot machine as your partners -- as your partners -- with a voluntary commitment of a percentage of their revenue, they got an unsolicited offer to buy their company for $300 million. I was obligated to call Mrs. Havenick and tell her of the offer. Her word was, "We are a family -owned company, in my father's name, in my late husband's name, and this is a company that my children and my family in this community have." You know, I heard the excuse for nobody from Edgewater. Everybody in Edgewater knows this is here today, everybody knew it was here the last time, and everybody knew it was here for Planning & Zoning, and not one resident showed up, because they don't care, because they accept pari- mutuel, because they know this isn't a gambling casino. I know where Norman Braman is. I've helped Norman Braman. This is not a casino. This is a violation of their civil rights. I made that point when I was here last time. Folks, they've been targeted. And any representation by the other side that you don't have a vote -- that you don't have a vote tomon^ow if you don't do this -- to approve a cardroom application for them is bunk, it's made up, it's baseless. You looked at the statute. It requires them to come back here, Mr. Chairman, members of this Commission; requires them to come back here and get an approval by a majority vote. And the last time I checked, when I played sand lot ball, it was majority rule; it wasn't this stuff of required extraordinary votes, because you, as a majority, don't know what's in your community's best interest? $1.4 million a year they voluntarily give you, not for ad valorem taxes, not for some share of revenue -sharing from sales taxes, but they voluntarily do it. And if you read the letter of that agreement, we're supposed to be cooperative, supportive, and promotional of what it is they do. And any representation that this is a game to get slots we'll covenant. We won't ask you to write it into the ordinance. You want to write it into the ordinance we can never have slots? We need five votes to have slots, not four? Have it. Do it. You want me to run a covenant with the land that requires the vote of you, of five of you to get slots some other day, which we never intend to do? Do it. But to take them, when they've got a permit awarded by the State that the State relied, no matter what the other side says -- read the letter that the director wrote. Read a letter that the secretary wrote. You'll hear about it from Mr. Havenick. The end of the day, they relied on the representation of your Zoning official when they awarded that license. To come after that, when it was in the newspapers, after they signed their agreements, expended a million plus -- I tell you what, your Planning & Zoning Board, here's what they cared about. This is unfair. It doesn't smell right, feel right, taste right. It isn't right, and that is why they voted the way they did, because they stood here not -- not -- influenced by a 900-pound business leader to the detriment of your constituents and to the detriment of a business that's been in business since 1952 in this great city. Chair Hardemon: Thank you, sir. Mr. Book: And lastly -- I'd say one last thing, Mr. Chairman. You know, it was okay for the Miami Herald to sell the Herald Building to the Malaysians for a full-blown casino. It was okay for the people who bought the Omni, who bought the Omni, had it for 45 days, and spit it off for a cool $90 million profit, and they come in here represented today, indignant, accusing my client of trying to do something nefarious in the worst bad interest of you, as Commissioners and of this community, and that's just a bold-faced lie. Thank you. Chair Hardemon: Thank you. That boy good, isn't he? Scott Savin: Good afternoon, Commissioners. I won't be quite as fervent as Mr. Book. My name is Scott Savin. I'm the Chief Operating Officer of the Magic City City of Miami Page 162 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Casino. I've held that position for 12 years. I just wanted to briefly set the record straight on a couple things; one which Ronnie mentioned, this is not a casino, it's a jai alai fronton and a cardroom. More importantly, the fear -mongering and the talk about quality of life, we have statistics provided by the City of Miami Police Department about the area surrounding Magic City Casino. It's been nine years since we've opened. Overall crime is down 29 percent; homicides are down 72 percent; burglaries are down 51 percent. So I can stand here and unequivocally say we have made better and increased the quality of life. Thank you. Isavore Havenick: I guess I'm last. Izzy Havenick, 401 Northwest 38th Court, and I am an Edgewater resident. And contrary to what you have been told today, the residents of Edgewater got an email to be here. We got an email to wear white hats for this morning's part and to be here today. You guys saw the people in the white hats. They're not here now. If you want to see the email, I have the email. I'm the boogeyman. That's what I feel like now. This -- certain members of this Commission and certain members of the community have made me the boogeyman. Chair Hardemon: I thought you said, "the bookie man." Mr. Havenick: No, I'm not the bookie man. I don't go near the bookie man. I am the boogeyman. Yet, I'm standing right in front of you. People attacking my family aren't here. They sent their representatives, but they're not here. They don't live in your city. I do. I live in your district. I live in this district. My house has been broken into. My car has been stolen. A man with a gun walked in while my four - month -old son was sleeping. And you tell me there's no crime in this neighborhood? We got strip clubs, we got rehab centers, we got Lord knows what. It's an entertainment district. I knew where I was moving and I knew what I was getting. Gambling is a game of chance and neither of these are that. Poker is a game of skill. Jai alai is a game of skill. It is not a casino. It's never going to be a casino. I don't know what to say any more than we already have. My family has been here. We've done -- any time we've been called upon and asked to do something by the City, we have never said, "no." We've never said, "no, " since 1983; probably longer. Commissioner Gort: If you talk to your father and mother and so on, they know how much I've helped them in the past, and everything they've done there, and I think the Magic Casino has done a great job in there. I don't have any problem. Nobody's criticizing your family; on the contrary. So this is not a family matter. Mr. Havenick: No, this is an attack, because for six years, the State of Florida -- and the State of Florida has written a letter -- Commissioner Gort: Right. Mr. Havenick: -- saying they relied on your Zoning officials and the rules. It's been in the paper. It's been discussed. It hasn't been a secret. I don't know why anyone -- it -- what I don't think anyone gets is this pains me more than anyone. I don't want to be adverse to the city that I love. I never left the City. My mother has -- trust me - - tried to throw me out of the City many times, and I have never left. I don't want to be adverse. We've done everything right, everything honest. I think once you spoke to one of my classes, and you said, "In government, people follow the rules, do everything right, they deserve to be awarded with what they work for." I've done that. We've never hid what we do, who we are, and yet, because two bullies have come into the room, two bullies are scaring the world. We've just said crime isn't an issue. Someone could bring up traffic. No offense, I believe the car dealers business is traffic, not mine. We do everything right. What more does anyone have to do to be allowed to do what you guys said we could do, which your city has blessed, not once, not twice, 20 times over six years; six years? Those of you who've known me City of Miami Page 163 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 my whole life -- some of you have known me really my whole life -- I'm not lie -- I'm not here to lie. I'm not here to pull the wool over your eyes. I will fight every inaccuracy, every false statement said about my family and my business, and the people who work for my family and have worked for my family longer than I've been alive. But if this was a church, if this was a school, if this was a supermarket, you would never go back and retroactively change zoning to hurt the business; you wouldn't. You could sit here and tell me you would, but you would not. You are targeting us, because we are the only ones with the ability to do this. We are the only ones who have any ability to do this. And I'm just going to end by saying if these gentlemen, these great corporate civic citizens were so afraid of gaming -- forget what Mr. Book said about them selling the building to Genting, the biggest casino operator in the world -- why, in the last 10 years, since Genting's had that helicopter parked over Miami has no one brought an ordinance like this before? The only voice in Tallahassee representing this city against Genting has been me. I don't know what more we have to do, but you're targeting us, and it is awful, and it feels awful, and it's become personal, as you know. It's gone into my community. My kids, my wife, they didn't sign up for this fight, but they're getting it. And now that the fight has been brought to my family, my family is here to bring the fight back. Every one of these people here, the 347 residents of Miami we employ are not going to stand for this. And if you guys get bullied, there's nothing I could do. But I could tell you, everybody here will remember it come November 2019, when there's another election, because we elect you guys to represent us, not people who live on Miami Beach and not people who don't live in your city. Thanks. Chair Hardemon: Thank you, sir. Seeing no further comment, I'll close public comment at this time. PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM PZ ORDER OF THE DAY Chair Hardemon: Calling back into order the regular meeting of September 13, 2018 in the Miami City Commission. Madam City Attorney, I want to begin the Planning & Zoning section, so can you read the script, please? Victoria Mendez (City Attorney): Yes, Chairman. Good afternoon. Before any PZ (Planning & Zoning) item is heard, all those wishing to speak must be sworn by the City Clerk. PZ items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission may disclose any communications, pursuant to Florida Statute 286. 011(5) and Section 7.1.4.5 of the Miami 21 Zoning Code. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public may first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be City of Miami Page 164 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 available at the City Clerk's Office and at the podium for your ease of reference. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and in the City Code, providing the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission followed by the appellee. Staff will be allowed to make any recommendation they may have. All persons testifying must be sworn in. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Chair Hardemon: Thank you very much. Mr. Clerk. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items -- any of today's Planning & Zoning items -- may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair Hardemon: Thank you. PZ.1 ORDINANCE Second Reading 3110 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS," ARTICLE 3, SECTION 3.3, TITLED "LOTS AND FRONTAGES," ARTICLE 3, SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM," ARTICLE 4, DIAGRAM 9, TITLED "RESIDENTIAL DENSITY INCREASE AREAS," AND ARTICLE 4, DIAGRAM 11, TITLED "TRANSIT ORIENTED DEVELOPMENT," TO PROVIDE AND ALLOW FOR THE TRANSFER OF RESIDENTIAL DENSITY FROM HISTORICALLY DESIGNATED SITES TO CERTAIN PROPERTIES WITHIN TRANSIT ORIENTED DEVELOPMENT ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13787 City of Miami Page 165 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: What I'd like to do is let's just tackle our PZ (Planning & Zoning) items. So we have a PZ.1 item. Madam City Attorney, can you read it into the record, please? The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): This is the companion to SR.3. Chair Hardemon: Is there a motion? Vice Chair Russell: I'll move it, Mr. Chairman. Chair Hardemon: Been properly moved. Is there a second? Commissioner Gort: Second. Chair Hardemon: Been properly moved and seconded. Any discussion? Commissioner Carollo: Yes. There's a letter that was sent by the Miami River Commission that states that we were putting -- Ms. Mendez: Commissioner? Commissioner Carollo: Yes. Ms. Mendez: I believe that this one is the historic one, where it's not -- Chair Hardemon: PZ.1. Commissioner Gort: This is a different one. Commissioner Reyes: It's the transit -- Ms. Mendez: The transit oriented. Commissioner Reyes: -- the transit oriented. Commissioner Carollo: Right. Francisco Garcia (Director, Planning): Commissioner, for your peace of mind, that concern is noted, and I will certainly gladly address it on PZ.2. Commissioner Carollo: Okay. You answered my question. Chair Hardemon: Seeing no further discussion, all in favor of the motion, say "aye." Mr. Garcia: If I may, Mr. Chair, before you take a vote -- my apologies -- one minor revision to make to the ordinance that's presently under your consideration, item PZ.1, it's simple. On Section 3.14.4, Subsection "C," we are requesting that you consider the following change: It says presently, "Up to the first half of a City of Miami Page 166 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 development requested." We would request that that be changed to, "The second half of the development requested"; this, in order to be sure that, first, any contributions go to the Public Benefits Trust Fund, and only then can one avail oneself of additional density or intensity, pursuant to this ordinance. That's all. Chair Hardemon: Does the mover and seconder agree? Vice Chair Russell: Absolutely. That's the way I thought it originally was, actually. Mr. Garcia: Just to make it abundantly clear. Vice Chair Russell: Thank you. Yes, mover accepts. Chair Hardemon: No objection from the seconder. All in favor of the amended or the modified ordinance, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. PZ.2 ORDINANCE First Reading 4722 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 1, SECTION 1.1., TITLED "DEFINITIONS OF BUILDING FUNCTION: USES" AND BY AMENDING ARTICLE 6, SECTION 6.1, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS", TO PROVIDE FOR A DEFINITION OF GAMBLING FACILITIES AND TO REQUIRE THAT GAMBLING USES, INCLUDING BUT NOT LIMITED TO PARI-MUTUEL GAMBLING, CARD ROOMS, AND SLOT MACHINE USES, BE APPROVED PURSUANT TO AN EXCEPTION WITH CITY COMMISSION APPROVAL BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE; PROVIDING FOR ZONING IN PROGRESS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes NAYS: Hardemon Note for the Record: For additional minutes referencing Item PZ.2, please see "Public Comment Period for Regular Item(s)" and "Public Comment Period for Planning and Zoning Item(s)." Chair Hardemon: PZ. 2, please read it into the record. Victoria Mendez (City Attorney): PZ. 2. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 167 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Vice Chair Russell: I'll move the item. Commissioner Gort: Second for discussion. Chair Hardemon: Properly moved and seconded. Any discussion? Vice Chair Russell: Yes. Commissioner Carollo: I have my same question as before. On the letter that was sent by the Miami River Commission, stating that this would come in into D3 waterfront industrial property in T6 urban core. Francisco Garcia (Director, Planning): Thank you, sir. That concern has been brought to my attention, as well. And as I expressed to them, the members of the Miami River Commission, and others who have called about it, I want to make the record clear that D3, meaning Zoning designation D3, is not intended to be affected. I can see how the ordinance could be read to be affecting it, so let me make it clear. Zoning designation D3 is not intended to be eligible for the implementation of gambling facilities, and I hereby request that this ordinance before you, the draft before you be amended to strike the section in Article 6, Table 13, under D3 Waterfront. Strike that entire section so as to eliminate any doubt as to whether they would be eligible there; not intended to be, and certainly happy to make that clear. Commissioner Carollo: Okay. Vice Chair Russell: Mover accepts the amendment. Commissioner Carollo: Very good. Thank you. Chair Hardemon: Does the mover --? Vice Chair Russell: Yes. Chair Hardemon: The mover accepted. Does the seconder accept that amendment? Commissioner Gort: Yes. Chair Hardemon: Discussion. Any further discussion? Vice Chair Russell: Yes. Chair Hardemon: You're recognized. Vice Chair Russell: I just wanted the Commission to know that I've been attending several public meetings in my district of homeowner associations, the DNA (Downtown Neighbors Alliance), the BNA (Biscayne Neighborhood Association), the Morningside Civic Association, Bay Pointe. There is probable concern, and it's more about having a voice at the table, and that's what this is intended to do. This is not intended to stop gambling. This is intended to make sure the residents have the representation and the public hearings to be at the table and be notified when this use is proposed in their neighborhood, and it is quite welcome. Chair Hardemon: Any further discussion? Commissioner Gort: Ready? Chair Hardemon: No, wait, wait. City of Miami Page 168 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Reyes: No, no, no, no. I want to ask -- Francisco, could you please clearly explain what this is going to do? Because I want to make clear that this is nothing to do -- I mean, I -- have nothing to do with Magic City Casino, which is in my district, and I -- not because I've been threatened for 2019; I don't care about that. I vote my conscience all the time. But Magic City Casino, I think it is -- should be a jewel in my district, I mean, but I've been backing you up all the time, but this is something different that has nothing to do with the casino, the existing casino; have to do with future casinos, you see. And I want to know if this applies to all casinos -- I mean, to all gambling. I want clarification on it. Mr. Havenick: Clarify one thing; that it's not a casino. For the 30th time, not a casino. Sir -- and I do respect you, and you know that, and you and I have a great relationship. Commissioner Reyes: Yes. Mr. Havenick: Casinos have games of chance. I said before you in July, I said before Planning & Zoning, I've said it in every publication that's quoted us, "We don't want slot machines." Commissioner Reyes: Well -- yes. Mr. Havenick: Poker and jai -alai are games of skill. Commissioner Reyes: Yes, but -- Mr. Havenick: It's not a casino. When you use the word "casino," it's not fair. Commissioner Reyes: Okay. Well -- yes, yes, but what you've been doing -- I mean, everybody been doing is defending Magic City Casino as if this was an attack on Magic City Casino, and I don't see it -- I'm sorry, but I don't see it like that. I just want to know, is a change in zoning, and I want to know what it really entails; and if we don't do it, what will be possible and what will be the consequences. That is all. But I just want to make sure that this is not an attack -- on my part, it's not an attack on Magic City Casino or any casinos -- Chair Hardemon: Mr. Garcia? Commissioner Reyes: -- or any other gambling facility, including jai-alai's; which I like the sport, by the way. Yes, sir. Francisco Garcia (Director, Planning): Firstly, Commissioner, thank you for the opportunity to make this abundantly clear. I have had to answer the question, "What exactly is the City doing here?" so many times over the last month or so that I welcome the opportunity to finally do so on the record before you, and hopefully, it will be clear. Let me first say very briefly that what we do in Planning & Zoning is simply to provide regulations that determine what uses can be implemented in the City, where they can be implemented, and through what process. What, where, and how; simple as that. Presently, the Zoning Ordinance of the City of Miami has no provisions, no provisions for gambling facilities. We are presenting to you today an ordinance that introduces the concept of gambling facilities, defines gambling facilities -- and by the way, our definition of "gambling facility" simply makes reference to the State Statutes that govern them already. And once it is clear what gambling facilities are -- and, of course, if they aren't gambling facilities, it does not apply to them. Once we make clear what gambling facilities are, we then set forth where they can happen. The "where" part of this ordinance is in areas of the City designated T6-O. Why T6-O? Because these happen to be the parts of the City City of Miami Page 169 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 where there is the appropriate density and intensity to be able to accept these uses properly. In other words, you don't want it in your residential neighborhood. You don't want it in your neighborhood secondary street. You want them in areas that are of a certain density, a certain intensity, and the mix of uses that can accept these facilities well. And lastly, how? There we got very direct guidelines from you that it should be ultimately approved by the City Commission, and that vote should be through a four -fifths majority, and that is exactly what we've captioned in the ordinance; that these facilities, gambling facilities generally, are to be presented to the City Commission and subject to your consideration by a four -fifths vote. Incidentally, in doing so, we are also mirroring State legislation that requires that this Commission approve gambling facilities in the first place. That said, pure and simple. Chair Hardemon: So -- Commissioner Reyes: Go right ahead. Commissioner Carollo: Can I ask, when you're done or if everybody's done, Izzy something, in particular? Chair Hardemon: You can ask him now. Commissioner Carollo: Okay. And I'm only doing this because the Planning Director's bringing up zoning changes, and before he puts all that in one, there might be some other things that it might help the Magic City Casino, if you would add to that. I remember years ago, you had mentioned to me one time that you wanted to create some kind of concert hall there in one of your big areas. I don't know if the reason you haven't done it is because of zoning or anything else that we could make life easier for that to happen there, because I really believe that would create jobs and bring revenue to the City. Is there anything that we could help you with, Izzy, in moving forward on that, if that's what you want to do? Mr. Havenick: I think we should have that conversation after the November vote, because I have a feeling there's something about the same type of use about four blocks up the street from my facility. Commissioner Carollo: Yeah. Chair Hardemon: So -- Commissioner Carollo: Very good. Chair Hardemon: No. I rarely like to get into fights or get between fights with millionaires, because seldom do they -- do any of them lose. They're not typically the ones that actually suffer. But I will tell you, in this situation, when I read the -- just - - I'll go to our ordinance. And when I read the "whereas" clauses, one of the things that our "whereas" clauses state -- and this is the fourth "whereas" clause -- it says, "The City of Miami finds that gambling uses without reasonable regulations have the potential to generate adverse effects on the surrounding community and" And so, it goes on and it describes how, without such reasonable regulations, there could be some adverse effect, but what's interesting in our resolution is that it really never describes a reasonable regulation. The only thing that it really does is say that you need another vote on the Miami City Commission in order to approve it. It brings it before us for a -- really, a super majority vote. It doesn't say, you need to have a certain buffer, it needs to have activity that is enclosed, you must have certain types of foliage around. It doesn't say that the building can be only but so large. It can only have a certain floor lot ratio. It doesn't say that you have to have sound impact City of Miami Page 170 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 drywall to keep out noise. It doesn't say the ceiling should be so tall as to distract away from -- it just -- it doesn't say anything to that nature. It doesn't describe any things that really are reasonable regulations that are supposed to do away with the potential adverse impacts of gambling, and, you know -- and I don't gamble. I'm not - - I am not a gambler. I've stayed at hotels that offer gambling, and I have gambled. It just doesn't do anything for me. I don't like to lose my money. I like to win money, but I'm just not going to take the risk. And I don't have the skill to play poker, I guess; to actually do something and win some money, but I've seen lots of people have great times, and lots of people have many jobs from gambling facilities. But what's interesting about this ordinance, to me, is that it first starts off talking about the potential adverse effects of gambling and how some reasonable regulation needs to occur in order to allow gambling, which is a perfectly perfect statement. That makes good sense. I think that's good government, for us to have that discussion. The problem that I find is that the rest of the ordinance doesn't describe any reasonable regulations. All that it does -- and when I read throughout this entire ordinance -- is that it says that anybody who has already started in the application process for a gambling facility must do a certain number of things. And it makes me wonder why the only institution right now that could potentially have a gambling site in the City of Miami that has a certain permit from the State of Florida that will fit within the Florida Statutes recent change to allow them to have games of skill, particularly jai -alai and poker, is the one that's before us today. And I've never seen on this Commission a rule or regulation of law that applies retroactively in the fashion that this does, that truly harms someone who is in the process of actually receiving or not receiving some sort of permit to open up a legal business within the City of Miami, and that's the part, to me, especially, that is disheartening. In addition, having the requirement that we provide four -fifths of a vote, which adds another barrier in order for any entity to cross in order to have gambling in a certain area, you know, it's -- the -- even that requirement, to me, is not necessarily a reasonable regulation to protect from the adverse impacts, because if you have four votes, if there's an average impact or not, it doesn't change things. Four votes, in and of itself, doesn't determine whether or not that we are actually getting rid of an adverse impact on our communities. And like I said earlier, if it was something that we were doing, something that we were requiring -- distance requirements, regulations on liquor license, liquor sales, restaurants within the same space, even -- and this may be far left, but even something saying, "You're not allowed to play past a certain amount of hours." I mean, all these are things that I would think, ifI had - - ifI've known players to play a game of skill, ifI said to them, "Well, look, you can't play for eight hours straight; you can only play for four, then you have to take a hour break, " you know, things like that that will change the impact on the person and maybe give them opportunity to say, "Okay, maybe I played too much today. Maybe I need to go home. Maybe I should take a break and think about what I've done. And maybe some of the endorphins would have worn off and I feel as if I've made a mistake, or maybe I've done well and I'll go back to it." I don't know. But it's almost as if this ordinance really comes to a conclusion without providing the facts to support that conclusion, and we call those "conclusory statements." And to me, this ordinance is just -- it's a bag of conclusory statements that, inevitably, hurt a business that was apparently set to open. So I'm not here to decide whether or not it was intentionally tailored that way. I'm not here to get in the middle of a fight between individuals that own more real estate and assets than the entirety of my family. That's not what I'm here for. I'm just here to state what I believe to be the truth of the matter, what I believe to be what's right in the situation. The question of - - I know we've been talking a lot about -- I'm very -- trying to be very careful with my words -- casinos and gambling. Even though this is the Magic City Casino -- Magic City Casino is the owner of this space, and he made it very clear what gambling is. Mr. Havenick: We're just a tenant in someone else 's project. City of Miami Page 171 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: Say it again. Mr. Havenick: We're just a tenant in someone else's project, for the record. Chair Hardemon: Okay, a tenant in someone else's project. The -- but it's been very clear what gambling is, as opposed to what a casino is. And we're not weighing in on the fact of what -- we're not even weighing in on the fact of casinos on this. It's as if we're talking about something and describing the effects of that something, but then we're actually deciding on something else, and that's the part that's kind -- that's weird to me. It makes me feel like maybe I've read something incorrectly, but this ordinance is so short that I just don't think that I've misunderstood it. And so, I'll allow you to respond, and I'll allow you to also respond. Mr. Havenick: May I just say two things? One is, I'm no lawyer. I'm the cute brother; the other one, my smarter brother, went to law school, but I do know for a fact that the City has nothing about zoning in progress in its Code. I know enough to know that. Had these rules been in place six years ago, I wouldn't be complaining. But the other reason it is targeting my family is Magic City Casino is not the only casino in the City limits. There's another one where they play jai -alai. They have closed and opened their cardroom for years at a time and been re -awarded their license, and the City hasn't once said anything. So if you haven't said anything for them in the last -- let's see, nine years -- Again, you didn't -- nobody said anything about Genting, nobody said anything about them. How am I to believe -- how is anyone here to believe -- how do I go home and look at my kids and say, "I'm not being targeted"? Chair Hardemon: Now, look -- and I understand why you would feel that way. I don't think that anyone on this dais, though, is going to agree that you're being targeted -- right? -- no matter what the facts may be. I may agree with you, but I don't think that the entirety of this body is going to agree to that. But I will say that the way that the ordinance is written has a negative effect on only one person that I've seen, and that person would be you. And it's just the way that this is written, it doesn't give me that fuzzy feeling on the inside. Mr. Garcia: I'm going to try my very best to make that concern -- or to address the concern. You're correct that the ordinance, for it to be clear and not overly redundant, does not explicitly state that there are these criteria that you are in search of as appropriate, but implicitly, certainly it does in that, as pertains to the "how" part, the permit process that one would have to go through to obtain a gambling facility permit in the City of Miami, one would have to go through the exception process, which, within the body of the Zoning Ordinance, makes reference to a set of criteria set forth in Article 4, Table 12. And I think you'll find to your satisfaction that in Article 4, Table 12, there are a very specific set of criteria, which are the criteria that we use on a regular basis to evaluate every one of the exception applications that we receive in the Planning & Zoning Department. So this application, along with all others, would, by virtue of applying for an exception before they get to the City Commission, go through an evaluation that tests out whether all the very standards in the checklist in Article 4, Table 12 are met and to what extent they are met, and our recommendations reflect that. Chair Hardemon: So my question to you then is, would an organization like the one that's before us, would they have to go through that process even without this new amendment that would bring them before the City Commission for a four -fifths vote? Mr. Garcia: The process exists independent of this organization or any other. The process is already established. Now, the only -- City of Miami Page 172 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: I want to be -- let me be clear. I want to say this again. Mr. Garcia: Sure, please. Chair Hardemon: So an organization that was applying to get this sort of license that was in their same position -- right? -- Well, no. I'll take it out of their position. Any organization, would they have to go through that process that you 've just described? Mr. Garcia: Certainly. Chair Hardemon: Before -- like be -- without this amendment? Mr. Garcia: Well, before this, as I stated previously, our position is that they would come in for a permit. We would first determine what kind of use they are. We would align the use proposed to any of the available uses we have in our Zoning Ordinance and then go through the process, as specified. At present, in the Zoning Ordinance of the City of Miami, there are no definitions; there are no provisions for gambling facilities. Now, I've heard from them, I think, the claim that they are not a gambling facility. If they are not a gambling facility -- and the State decides whether they are or not, really, because the statutes make it specific -- then this would not apply to them. However, if the State opines that they are a gambling facility -- and I emphasize that we track the State language to determine what a gambling facility is - - then now they have a process through which they can go. Chair Hardemon: Is it gambling or a casino that you're saying that you are not? Are you saying you 're also not a gambling facility? Mr. Havenick: We're not -- no. People will bet on jai -alai and stuff, but again, your study, it's a game of skill, but again -- Chair Hardemon: But my question to you, are you stating that you're not a gambling facility? Because I want to understand it as well. Are you saying you're not a gambling facility? Or are you saying --? Mr. Havenick: A gaming facility. Chair Hardemon: You call it "gaming facility." That's what you're calling it. Mr. Havenick: Yes. But may I -- Chair Hardemon: Okay. Mr. Havenick: -- just address the two inac --? And I understand -- Chair Hardemon: And so, but before you go, so I wanted to ask -- Victoria Mendez (City Attorney): They have to come before you to get one of the uses that they plan on using at that facility. They do not have permission to have a cardroom at their facility. They have to come before you, pursuant to State statute. So whether -- Chair Hardemon: So before -- Ms. Mendez: -- you pass this and -- passing this ordinance is the vehicle with which to do it. City of Miami Page 173 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: All right. So -- but the thing about it -- so the four -fifths vote -- typically, when we have higher thresholds for passing something, that means that there's something about it that is extraordinarily important. There's something about it -- and, you know, and this could be (UNINTELLIGIBLE) up for some other person to make an argument, but there's usually something that is so special about what we're doing that it requires us to all agree on it in order for us to move forward. And so, what I haven't heard on the record was anything regarding the sort of business that they're going to be carrying on there that requires the City Commission to be so interested in it that we'11 have to protect everyone in the community from the ills of that sort of business. Ms. Mendez: So a few Commissions ago, your predecessors had passed other portions of the City Code that state that no gambling would be allowed on City - owned properties. So in the past, there has been a concern of the use of gambling or these types of facilities. Chair Hardemon: On City -- is that owned by the City, that facility? Mr. Havenick: Owned by Crescent Heights. Chair Hardemon: Okay. Mr. Havenick: But, sir, real quick, just for the record, again, other cardrooms have opened up in the City, and based on the original law, because the County had blessed it and we are taxed -- I don't know a lot, but I know if I pay a tax, that means you guys basically bless what I do. Never before has this happened. When Miami Jai -Alai closed and reopened, they didn't have to come for a vote, because the law in the County -- and the City adopted in 1996 when poker was legalized -- said they were allowed poker. When Florida City just opened their jai -alai facility and poker room two years ago, they didn't need a vote of the City Commission of Florida City because Dade -- Miami -Dade County had already blessed the activity, and the State considered that good enough. The State has said this numerous times. Again, it's -- Ms. Mendez: That's not the law, and the facilities that you're talking about are not in the City of Miami. Mr. Havenick: I'm fairly certain Miami Jai -Alai, right next to Miami Airport, is in the City of Miami boundaries, because they pay you the same percent and a half we do. Ms. Mendez: Well, then we didn't know that they had a cardroom, and thank you for telling us. Mr. Havenick: Five times -- Vice Chair Russell: Through the Chair. Mr. Havenick: -- you didn't know they had a cardroom? Vice Chair Russell: Through the Chair, please. Please, let's not go back and forth. You know, I have a couple questions, please, if I could ask of the City Attorney and the Planning Director, please. A lot of implication has been given here that we are creating some sort of retroactive legislation that is taking away a vested right that someone has already earned or has, and I want to make sure that we're not doing that. So my question to you is, is there a vested right that they've been given or a permit that they've applied for with the City that we are undoing with this ordinance? City of Miami Page 174 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Ms. Mendez: If they want to open a card room, they have to come before the City Commission and ask permission, pursuant to State Statute 849.086, Subsection 16, which says that "The Division of Pari-Mutuel Wagering shall not issue any initial license under this section except upon proof in such form as the division may prescribe that the local government where the applicant for such license desires to conduct cardroom gaming has voted" -- voted. A letter from a Zoning Administrator is not a vote, last time I checked -- "has voted to approve such activity by a majority vote of the governing body of the municipality or the governing body of the County if the facility is not located in a municipality." This Commission has not voted to give them a cardroom. Vice Chair Russell: Has any previous Commission ever voted? Ms. Mendez: So I don't know what vested right they think they have in that. Vice Chair Russell: Thank you. And then Francisco already answered actually the other question I had with regard to the specifics that Commissioner Hardemon was asking about with regard to specific regulations on a zoning use. So I received an email from the president of the Biscayne Neighborhoods Association. He said, "Commissioner Russell, you witnessed a large community meeting in Edgewater, where the overwhelming majority expressed great concern and many direct opposition of the concept of gambling in a residential neighborhood. I know that the sentiment of the community has not changed. The ordinance proposed is the only reasonable way to regulate gambling by allowing public hearings." And that's been the phone calls and the emails that I've been receiving for a long time. I agree; I do not want to take away somebody's business right that's already vested. This is a timely issue, because they are probably planning to get all of the permits and everything necessary, and this is the chance for the residents to have a seat at the table, and that's why this ordinance is being brought, but it's being brought for anyone who would be seeking such a license for any residential neighborhood so that your neighbors would have the ability to have that hearing. An elevated vote of four -fifths, it reduces even the chance that the Commissioner of that district -- he's got a little more strength in that case, because the strength of the applicant wouldn't be able to necessarily overpower the strength of that one Commissioner as easily through a three -fifths versus four -fifths, and that's part of this. So it is first reading, and I believe it is well thought out. I believe it is legal, and I do not believe it targets one company or eliminates any vested right or is retroactive. So I'm very comfortable with this legislation, and I do hope for your support. Ines Marrero: Mr. Vice Chair, if I may? Vice Chair Russell: Yes. Ms. Marrero: Good evening -- good afternoon. For the record, my name is Ines Marrero. I'm attorney at the law firm of Holland & Knight, offices at 701 Brickell Avenue, on behalf of the Havenick family, with Flagler Associates, Magic City Casino. It's important for us to take a step back and revisit the process that we are going through. A month ago, on July 26, we were before you fighting your direction to the Administration to draft this ordinance. Had there been no August recess, this ordinance would have been before you the month of August. There is -- you talk about everybody having a seat at the table. There have been different iterations of this legislation, which the -- Mr. Braman's counsel has assisted your City Attorney's Office in drafting and your office, whatever. We have not had an opportunity to be at that table. There has been no outreach to our representatives. It is very clear to us that this ordinance is directed at us. We made the record. I'm -- would like the opportunity for Mr. Andy Hall, co -counsel, litigation counsel for the Havenicks, to make a brief presentation. But this process is not the ordinary process for City of Miami Page 175 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 legislation in this City. There was -- I use as an example when we appeared before the Planning, Zoning and Appeals Board just last week; a board which, by the way, voted a majority against the proposed ordinance, because they felt that this was, -- to quote one of the board members -- "the City at its worst." And they felt that this was very, very unfair to us, and we had an opportunity to present our case to them. But just last week we were before the Planning & Zoning Board, and one week later, we're here. We've had no opportunity to have any input into this ordinance. It is directed at us. It is a violation of our rights, the investments that we've made in this project, and the reliance that this client has made on representations from your staff. I'm going to let Mr. Hall take over, if -- with your indulgence. I would like to propose for your consideration some language that would let us move forward and would let you protect the interests of the citizens of this City and regulate gambling and casino in the future, but we're already pregnant. We're already there. And to come out and just target us and say, "Well, we just heard that you guys are doing this, so now we're going to pull all the stops and do everything we can to stop you," that is unfair and it's illegal. I will let Mr. Hall take over, and I will distribute, with your permission, some proposed modification that I think would let us all live in peace relative to this one project. Chair Hardemon: So I'll accept -- Ms. Mendez: What I -- I have a question. What is it that you feel that the City is stopping? That's what I need to know. What is that that the City is supposedly stopping? A cardroom? Is that what it is? Because it would be nice to know what it is that you think is being stopped. Ms. Marrero: There have been reports in the local paper that my client has obtained a permit from the Department of Business and Regulation to open a jai -alai fronton at a said address on Biscayne Boulevard. And immediately thereafter, once that information was in the public media, the City started to enact the strictest, stringent regulations that would put us before this board to get a supermajority vote with no recommendation from the Planning & Zoning Board to get their approval; when we know that behind this are powerful political people in our community that are not only supporting and promoting, but helping you draft the legislation that's before you. That's what the City's doing, and that's not fair. Ms. Mendez: So what is it that you are planning to open, exactly? Is it another Magic City Casino -- Ms. Marrero: Jai -alai -- Ms. Mendez: -- or is it a -- Ms. Marrero: -- fronton. Ms. Mendez: -- jai -alai? Is it a -- just a pari-mutuel? Is it a cardroom? What is it? Ms. Marrero: Well, if the City had taken the time to meet with us and discussed what we were doing, maybe we wouldn't be in this forum letting you all know -- Ms. Mendez: Maybe, if you would apply for something -- Ms. Marrero: -- that we were given no opportunity -- Ms. Mendez: -- because that's the other thing; you have not applied for anything. City of Miami Page 176 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Mr. Havenick: We do actually have a permit from the City for our project that says "poker room" and `jai -alai" on it, just for the record. Ms. Mendez: Let me see that. Mr. Havenick: Sure. One second. Ms. Marrero: In the interim, I'm going to pass out -- Chair Hardemon: I thought he was pulling it out of his pocket. Ms. Marrero: -- the proposed language and let Mr. Hall, so we don't -- Chair Hardemon: No. Take your time. Mr. Havenick: (UNINTELLIGIBLE) for the record, I say who employs me. My mom -- I say who employs me. My mom's right there. I work at the casino. I'm proud of it. If you're going to quote somebody who had to recuse him from the Planning & Zoning meeting, because his group is funded by Mr. Helfman's client, I think you should at least share that with the whole room as well, because Related does fund the Brickell -- the Biscayne Neighbors Association. Scott Savin: Just one thing to clam because I know the City Attorney is speaking with Izzy. It's the jai -alai fronton permit that was granted by the State of Florida in reliance upon letters from the City of Miami, and it's the jai -alai fronton that we believe we have vested rights. And in the jai -alai fronton permit, and the deficiency letters were cured by the City of Miami, City of Miami does not require any vote majority or four -fifths or anything for the jai -alai fronton. So I just want to clarify that. We understand how -- the statute to address a cardroom. And in fact, you are not able to get a cardroom license until you play your first performance of jai -alai, per State statute. So we would have to come back to the Commission, apply for a cardroom license, be granted the license by the State of Florida, separate and apart from the jai -alai that somehow is being all lumped together. What doesn't require anything by the Commission and the permit that's been granted -- and Izzy has a copy of the permit -- is a permit for a jai -alai fronton. Andrew Hall: If I may -- Chair Hardemon: So -- Mr. Hall: -- there's a -- Chair Hardemon: I really don't want to get into a legal argument, a presentation about it, like a -- you know, like a precursor to what is going to be filed. I understand -- you made it very clear that this is actionable from your position, that the owner does not want to take action against the City of Miami, because he holds it dear, but he may be forced to; like all those things are very clear, but I don't want to take our time to go through what your potential argument is going to be, because all we're going to do is listen, and then nothings going to come of that. So -- Mr. Hall: Commissioner, there is a statement that's been made here which reflects, I think, a profound misunderstanding. Chair Hardemon: You can clam that statement. You can clarify what that is, but I won't allow you to go through a presentation. Public comment is closed. This is basically us with a -- someone who's deeply interested in the matter, because typically, we won't have the public involved in this part of discussion, but because City of Miami Page 177 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 you're so interested in the matter, we've allowed this engagement on the details and the facts. Mr. Hall: So there are words used today that we skim over. If we understood those words, you'd understand the problem. First of all, allow me to say, my name is Andrew Hall. I live in Miami, 3515 Bayshore Village Drive. I represent the West Flagler interests, which are affiliated with the Magic Casino. The words that are not well understood is "vested rights" in the context of what we were talking about, so it's very simple. Three elements exist in order to have vested rights: Good faith reliance upon something the City does or doesn't do, and the expenditure of such significant assets or commitment (UNINTELLIGIBLE) assets so that it would be unjust and inequitable to apply something retroactively. And in the zoning world, that is any change, whatsoever, for what exists at the time, so that when you say, "We're going to go for the vote of four to five," but we already have vested rights, that, in and of itself is enough to create the violation of law. It's enough, in and of itself to create the due process taking. It's enough, in and of itself to create the first (UNINTELLIGIBLE) detection violation, and you don't intend that. And all I'm trying to tell you, there is a way to repair it. I don't agree with the City Attorney's interpretation at all, but I know that you don't want the conflict. So it's very simple. We're already in the process. We're named. We're identified in a location. You exempt it out as grandfathered, and we're done. So I'm not going to argue the law. I'm not going to give you a presentation. I just think, if you understand the terms and you say what you want to say and it's true, that's the inevitable conclusion. So I urge you to do that. Thank you. Chair Hardemon: Thank you for the suggestion. Now we're back to this board. Any further discussion on this matter? There's a motion -- Commissioner Reyes: Yes, I want to -- Chair Hardemon: -- and there's a second. There is not an exception that's been noted on the record. Commissioner Reyes: I have a question, because from what I heard -- now I'm a little confused, you see. Without this resolution -- or this ordinance -- without this ordinance, that means that anybody that gets a license for a gambling facility could establish itself wherever they want with -- only with a simple majority? I mean, what is -- what -- it is not whatever they want. Let's say that in Flagler and 37th Avenue, there is an open space there. I am granted a license for a casino. I can establish myself right there, right? Mr. Garcia: Sir, with one more step, I'll tell you what I think the gravity of the situation is. I'll say it again simply. We have no provisions in our Zoning Ordinance for a gambling facility. Commissioner Reyes: Without -- Mr. Garcia: So, if they came tomorrow to file for an application to my department, I'd have to stop them and say, "We have no way of getting you the permit you are seeking." Commissioner Reyes: Okay. Ms. Mendez: And right now, the only permit they have that they claim vested rights for is a demolition permit. Last time I checked, that's not a gaming permit -- Commissioner Reyes: Another -- City of Miami Page 178 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Ms. Mendez: -- that's not a pari-mutuel permit, that's not a anything permit. Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Reyes: Another question -- Ms. Mendez: In the City of Miami? Unidentified Speaker: In the State. We don't know. Commissioner Reyes: Another question. Does -- I mean, because I heard the gentleman say what -- it was a jai -alai, and you left the cardroom out, right? A permit for the jai -alai. Will that require the same four -fifth vote, according to this ordinance? Or right now, the way it is, they can go and pull a permit for a jai -alai fronton? Mr. Garcia: Sir, as you well know, I am very familiar with the sport of jai -alai. It happens to be a very popular sport in my country. It originates from the country I am from, and this is -- Commissioner Reyes: No, you're not Basque (UNINTELLIGIBLE). Mr. Garcia: (UNINTELLIGIBLE). I stand corrected. Commissioner Reyes: Okay. And I mean, don't tell me that. You're not Basque. Mr. Garcia: I stand corrected. Commissioner Reyes: Okay, okay. Mr. Garcia: In any event, that is very much the sidebar the City Attorney and I have been having, which is, what exactly is it that we are not letting them do? I'm here to tell you that if what they wanted to implement today is a sports facility to play pelota mano, fronton jai -alai -- Commissioner Reyes: Jai -alai. Chair Hardemon: Opera. Mr. Garcia: -- they have the ability to do so today, if that's what they wanted to do. So again, I would -- in all honesty and in all candor, I would beseech them to articulate for the record what exactly it is that they feel this ordinance is getting in the way of. Ms. Mendez: So I feel that they're being a little disingenuous, because when I asked this gentleman -- I don't know your name, the one with the orange tie. When I asked him what he was building in his facility, whether he was building a cardroom, he was wavering and -- "Oh, I think I'm building something for" -- "a space for it," or what have you. The point is, the cardroom needs to be voted on by this Commission. There is nothing right now that they have shown me that has a vested right for it. So my suggestion would be pass this on first reading. We can work with Ms. Marrero Prieguez, with the gentleman on the other side; when he's a little calmer, we'll work with him, and then be able to try and figure out what it is they're doing. We could sit around the table and figure out what they're doing. When we figure out what they're doing, maybe we can figure out if they have a vested anything. Right now, I can't tell. None of us on this side can tell what they think they have. Chair Hardemon: Any further discussion amongst the board members? City of Miami Page 179 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Vice Chair Russell: No. Mr. Havenick: Mr. Chairman, ifI may? Chair Hardemon: Last opportunity. Mr. Havenick: First of all, I haven't waivered once. We're building a jai -alai fronton that is going to have space for a cardroom in the future. No wavering. Second of all, if I haven't been clear as to what we're doing, let me say it again. Jai - alai. Poker. You want me to sign in blood right now, no slots. I've said it to you 20 times. I don't know how many more times you [sic] want to say it. It's just baffling to me. I'm being argued on everything that we're saying, and all that's going to happen is we're going to have to sue the City, and who wants another lawsuit as a taxpayer? I sure don't. Commissioner Reyes: But still, I don't get it. If you want to build a jai -alai, just a fronton, just a plain jai -alai without any card game [sic], it's the same requirements that we have now? Commissioner Gort: No. Mr. Havenick: This ordinance would prohibit that. We would have to come to you for the vote and slow down the project. And mind you, the State gives us a timeline on how long we have to build this. So, yes, we would have to come back to you after the project has been blessed for six years. The permits applied for, sir, have always said, "Cardroom and jai -alai." Commissioner Reyes: Then this ordinance, what it does is it precludes anybody that gets a license to go to any place that -- I mean, that they have the zoning and all of that, and with a simple majority of votes, they could move there, you see. For example, let's say that somebody -- Mr. Carollo here, he gets a license, and he wants to move to 37th Avenue, I mean, because the zoning is there on Flagler, and he comes to the front of the Commission, then we will -- Mr. Havenick: There's a small -- Commissioner Reyes: Simple majority, right? Mr. Havenick: -- problem with that as pari-mutuel permits come with mileage restrictions, so -- Commissioner Reyes: I know -- Mr. Havenick: -- that couldn 't happen, and -- Commissioner Reyes: I am saying, if he gets it. Mr. Havenick: Again, fine. Commissioner Reyes: If he gets it. Mr. Havenick: And again, had these been the rules when we started this, that's one thing. But I believe the City Attorney is being disingenuous, because we have told you everything. We've never hid any of this from you. And on top of this, we're your partner and you're treating us like this. I'm getting told I'm being disingenuous. I haven't told anybody in this room one unfactual [sic] thing; not sure that other City of Miami Page 180 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 people could say that, but everything I said, I will swear on a stack of Bibles is the truth. Mr. Savin: I just handed the City Attorney the permit for the jai -alai fronton, given to us by the State of Florida in reliance upon 20 zoning letters from the City of Miami. Commissioner Gort: Excuse me. You are? Mr. Savin: No. I'm stating facts. Commissioner Reyes: Who are you? Commissioner Gort: No, no. Mr. Savin: That's what I'm doing. Commissioner Gort: No, no, no. Excuse me. Mr. Savin: I'm stating facts. Chair Hardemon: No, no. Commissioner wants to know your name. Commissioner Gort: Name and address; we got to keep that in the record. What's your name and the address? Mr. Savin: Scott Savin, 401 -- Commissioner Gort: That 's it. Mr. Savin: -- Northwest 38th Court -- Commissioner Gort: Thank you. Mr. Savin: -- chief operating officer, Magic City Casino. Chair Hardemon: All right. Ms. Mendez: So are you claiming that the verification letters take the place of any vote by the Commission with regard to a cardroom? Is that what you're claiming? Mr. Savin: No. Ms. Mendez: Okay. So what is it --? Mr. Savin: But the State of Florida is. Ms. Mendez: No, no, and that's where you're absolutely wrong. Mr. Hall: You see, don't you think it's unfair -- Ms. Mendez: So I think that -- Commissioners, my advice, we pass it on first reading, figure out what they're entitled to by right and what they're not, bring it back to you for a vote. At that time, you could decide whether you want majority, supermajority; whether you want -- what you may want or not want. If it dies on second reading, great. If not -- but we just need to figure out what it is that we are prohibiting them from. City of Miami Page 181 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: All right. Seeing no further discussion from the dais, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Chair Hardemon: Note me as "against." Motion carries. Todd B. Hannon (City Clerk): 4-1, as amended. Chair Hardemon: The -- so we're out of the Planning & Zoning agenda. Let's move back into our regular agenda. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 182 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 FL — FUTURE LEGISLATION FL.1 ORDINANCE 4620 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/DEPARTMENTS/PUBLIC WORKS DEPARTMENT"; CHAPTER 22.5/ARTICLE VI OF THE CITY CODE, ENTITLED "GREEN INITIATIVES/SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL"; CHAPTER 54/ARTICLE I/SECTION 54-3 OF THE CITY CODE, ENTITLED "STREETS AND SIDEWALKS/GENERAL/ PERMIT REQUIRED FOR WORK THAT OBSTRUCTS OR CLOSES A STREET, OR SIDEWALK OR IMPEDES TRAFFIC; FEES; WAIVER OF FEES"; CHAPTER 54/ARTICLE II/SECTION 54-43 OF THE CITY CODE, ENTITLED "CONSTRUCTION, EXCAVATION AND REPAIR/PERMIT FEE FOR STREET EXCAVATION, SIDEWALK REPAIR, PAVING OR RESURFACING OF PARKWAY OR SHOULDER AREA, BUILDING LINE AND GRADE SURVEY, SIDEWALK CONSTRUCTION SURVEY, DRIVEWAY CONSTRUCTION, FLUME EXCAVATION, UTILITY PLACEMENT; UNDERGROUND UTILITY SERVICE CONNECTION EXCAVATION, GROUNDWATER MONITORING WELLS; PERMIT RENEWAL; AFTER -THE -FACT PERMIT, AND REINSPECTION FEES; WAIVER OF FEES"; AND CHAPTER 62/ARTICLE VI OF THE CITY CODE, ENTITLED "ZONING AND PLANNING FEES," TO ADJUST CERTAIN FEES RELATED TO THE PROCESSING AND RECORDATION OF PLATS, STORMWATER POLLUTION PREVENTION PLANS, AND RIGHT-OF-WAY PERMITS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN City of Miami Page 183 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 FL.2 ORDINANCE 4669 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.14, ENTITLED "PUBLIC BENEFITS PROGRAM," TO REQUIRE THE MANDATORY INCLUSION OF AFFORDABLE OR WORKFORCE HOUSING IN THE T6-24B TRANSECT ZONE, TO CLARIFY THAT PROPERTIES ZONED T6-24B MUST ONLY PROVIDE AFFORDABLE/WORKFORCE HOUSING TO ACHIEVE BONUS HEIGHT AND FLOOR LOT RATIO ("FLR"), AND TO MODIFY THE PUBLIC BENEFIT AVAILABLE FOR THE PROVISION OF AFFORDABLE/WORKFORCE HOUSING; AND BY AMENDING ARTICLE 7, SECTION 7.1.2.8, ENTITLED "AMENDMENT TO MIAMI 21 CODE," TO ADD T6-36A AS AN ADDITIONAL SUCCESS IONAL TRANSECT ZONE FOR T6-24A; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN FL.3 ORDINANCE 4677 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AMENDING ARTICLE 1, SECTION 1.2 OF THE CITY CODE, ENTITLED "DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE HOUSING; AMENDING ARTICLE 3, SECTION 3.15 OF THE CITY CODE, ENTITLED "AFFORDABLE AND ATTAINABLE MIXED - INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES, INCLUDING A FLOOR LOT RATIO ("FLR") BONUS AND NEW MINIMUM UNIT SIZES, FOR THE DEVELOPMENT OF PROJECTS PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT (140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND TO CLARIFY LANGUAGE WITHIN THE ORDINANCE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 184 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 NA.1 4825 Office of the City Clerk NA - NON AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO ACCEPT INFORMATIONAL ADVERTISEMENTS INVOLVING HUMAN RIGHTS ISSUES AND HUMAN RIGHTS VIOLATIONS IN ANY COUNTRY; ACCEPTING THE ADVERTISING PROPOSAL MADE BY ORLANDO GUTIERREZ TO THE MIAMI CITY COMMISSION FINDING THAT SUCH ADVERTISEMENTS WILL BE INFORMATIONAL AND NOT ADVOCATE A PARTICULAR POLITICAL CAUSE OR ISSUE. ENACTMENT NUMBER: R-18-0356 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Gort, Carollo, Reyes NAYS: Russell ABSENT: Hardemon Note for the Record: For additional minutes referencing Item NA.1, Please see Item PA.1. Commissioner Gort: Make a motion. Commissioner Reyes: I'm making a motion that we find a way to have -- or to allow informational ad about the atrocities that the Cuban government is committing to their own people, okay? Mayor Suarez: I think that's -- Commissioner Carollo: Commissioner, ifI can help you a little bit in the wording Commissioner Reyes: Yes. Any help is welcome. Commissioner Carollo: -- to make it a little more solid so that -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- we could withstand the challenge that I know is going to be corning. Commissioner Gort: Yeah. Commissioner Carollo: That we will allow advertising that will be based on identifying countries that are violators of human rights. Commissioner Reyes: Fantastic. Fantastic. I think that will -- that is broad. Commissioner Gort: It was done before, so -- Commissioner Carollo: Yeah. City of Miami Page 185 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Reyes: That's right; that it's broad, have been done before, and I think that if they want to -- if the cruise companies, they want to advertise -- I mean, make an advertisement that -- about all the countries that they are violating human rights, they are welcome. But it has to be that we are going to accept, as just Commissioner Carollo said, advertising about countries that they violate human rights. Commissioner Carollo: Madam City Attorney, can you help us make that even tighter? Commissioner Reyes: That's right. Ms. Mendez: I will -- I understand the concept of your motion, and I will draft it accordingly, but I -- Mayor Suarez: Do the best you can. Ms. Mendez: -- will draft it. Commissioner Carollo: Thank you. Commissioner Reyes: Okay, please. Commissioner Carollo: Thank you, Mr. Mayor. Commissioner Reyes: Thank you. And are we going to -- I have a second for -- Vice Chair Russell: Commissioner Reyes, can you please clearly state your motion so I've got it as you're intending? Commissioner Reyes: Well, the motion -- and I am not an attorney. I don't know how to word this motion, but basically, what I wanted to say is that we are going to allow advertising on our trolleys about countries that they violate human rights, you see; advertising informing about those countries that violate human rights. Ms. Mendez: And so -- Commissioner Reyes: And that will include Cuba; that will include some other countries -- Venezuela. That will include also some other of the dictatorships around the world. Ms. Mendez: -- since I'm going to draft this and capture it as a resolution, at this time, I think the easiest thing would be to vote that you will accept the proposals that have been given by Mr. Gutierrez -- Commissioner Reyes: Absolutely. Ms. Mendez: -- and then I will draft that accordingly to -- Commissioner Reyes: Okay. That will be my motion then. Ms. Mendez: -- thank you. Vice Chair Russell: So there is a motion on the floor -- Mr. Gutierrez: Thank you. City of Miami Page 186 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Vice Chair Russell: -- to accept the proposals by Mr. Gutierrez. Ms. Mendez: Yes. Vice Chair Russell: And we can -- Ms. Mendez: And then I will craft the additional language that we have been talking about with regard to that in a resolution, and that'll be captured -- Commissioner Carollo: Yeah, based on the violations of human rights. Ms. Mendez: -- that at least -- Commissioner Reyes: The violations of human rights. Vice Chair Russell: But by accept -- and I just want to clarify before it gets -- by accepting the proposal, that implies that we would be approving the ability to do the advertising or looking into it? Is that the motion? Ms. Mendez: At this time, I believe that it's approving of the advertising and one of the ads that have been presented. I guess this would be the album, Mr. Gutierrez? Mr. Gutierrez: Yes. Commissioner Gort: (UNINTELLIGIBLE) for South Africa. Mr. Gutierrez: Very similar. Ms. Mendez: So it would be accepting the ad. Vice Chair Russell: There has been a motion and a second. We will open for public comment at this point. Anyone who would like to speak on this item of the City of Miami Commission accepting Mr. Gutierrez' proposal and considering advertising on our trolleys with regard to this subject matter, please come forward to speak if you'd like to speak on this issue. Seeing none, I'll close public comment and we'll open for anyone from the dais who would like to speak on this issue. Commissioner Reyes: Let's go to vote. Vice Chair Russell: Right. I personally do not feel that we should be doing any political speech on our trolleys; and so, my vote will not reflect how I feel about your subject matter, and I really do want you to know that, sincerely, because I believe it opens the door for us, as a City, and our vehicles to be advertising a political speech that I may not agree with in the future, or that the public doesn't want the City to be making revenue off a political speech that they may not agree with. It was meant to be a revenue generator to help subsidize our trolley system. And I stand with the City Attorney's idea, as well, that this is the way it's currently codified in our -- in the RFP, so I'll be a "no," but for that reason and -- Commissioner Carollo: For the record, I strongly -- and I need to put this on the record -- Commissioner Reyes: Yeah. City of Miami Page 187 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Carollo: -- because this record will be looked at in the future. I strongly disagree with the statements from Commissioner Russell that this is political language. Commissioner Reyes: Yeah. Commissioner Carollo: This is language standing up for human rights; the same human rights -- Commissioner Gort: Throughout the world. Commissioner Carollo: -- that the United Nation talks about all the time, that our Congress and Senate talks about, that the European Union talks about, that so many governments have condemned, and lacking in communist Cuba. Commissioner Reyes: So I agree with Commissioner Carollo, and this goes beyond political. As a matter of fact, there is no politics in Cuba, because there is no free election. And this goes towards -- to denounce -- what we're doing, we're denouncing those countries, including Cuba -- particularly Cuba -- that they have committed so many atrocities and they have trampled all the human rights of the Cuban people, and all the peoples in this world. And I think that it is talked a lot, but when we come and we're going to attack -- we are always attacked. When we are going to denounce, we are attacked. We are attacked, like if we were right- wingers that we don't want the freedom of the people because they're left, that they do is they hide under the good of the people to do all of the atrocities that they do, and they -- what they do is, they attack us that have -- that we are right. We are right. Commissioner Gort: Call the question. Commissioner Reyes: Decision -- call the question, please. Vice Chair Russell: We'll take a vote on the item, please. All in favor of the item, say "aye." Commissioner Reyes: Aye. Commissioner Carollo: Aye. Commissioner Gort: Aye. Vice Chair Russell: Any opposed, say "no." No. Motion passes. Mr. Gutierrez: Thank you for your time and consideration. Commissioner Reyes: Sure. City of Miami Page 188 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 NA.2 4830 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ADMINISTRATION TO ISSUE AND DELIVER A FIFTEEN (15) DAY NOTICE TO VACATE TO RICKENBACKER MARINA, INC., THE HOLDOVER TENANT OF THE CITY -OWNED WATERFRONT PROPERTY GENERALLY LOCATED AT 3301 RICKENBACKER CAUSEWAY, VIRGINIA KEY, MIAMI, FLORIDA. ENACTMENT NUMBER: R-18-0397 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Gort, Carollo, Reyes NAYS: Russell Note for the Record: For minutes referencing Item NA.2, please see Item RE.9. Al Dotson: Mr. Chairman? Chair Hardemon: Before you go, one of the things -- what comes to my mind is this: I know we've been trying to find new revenue sources. Certainly, every time we are appealed, sued, all those things, it slow downs -- slows down our potential of getting new revenue. And so, one of the things that I thought about was how was it that we can get this going, but without -- while respecting also the appellate process? So one of the things that came to my mind was, do we approve this moving forward, subject to successful appeals through the Court? And I see my City Attorney waving [sic] her head, "no," but I just want to understand why not. And I'll recognize Commissioner Gort, and then I'll let you answer. Commissioner Gort first and then - Commissioner Gort: Let me ask you a question. My understanding, there's month - to -month rent, right? Daniel Rotenberg (Director): Daniel Rotenberg, Department of Real Estate & Asset Management. They're actually under a settlement agreement right now, so technically, it's a month -to -month. Commissioner Gort: So we can -- Vice Chair Russell: Can we increase it? Commissioner Gort: -- the City could take it over? Mr. Rotenberg: The City could take it over, yes. Commissioner Gort: That's another option. Vice Chair Russell: That is another option. And we could increase their rent, I assume, bilaterally. Mr. Rotenberg: (UNINTELLIGIBLE) the tenant in there agreed to, we could increase their rent as well, yes. City of Miami Page 189 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Vice Chair Russell: I'd like to consider that, because this -- holding this up is potentially costing the City. So if we're going to defer this, which I think we should honor the legal process, we should also consider that that tenant potentially be -- Commissioner Gort: No. Vice Chair Russell: -- increasing the rent. Mr. Dotson: Mr. Chairman? Chair Hardemon: I'll recognize the silver -haired gentleman standing to the right of me. Mr. Dotson: Thank you, sir. Again, Al Dotson, with Bilzen Sumberg, 1450 Brickell Avenue. I'm representing the twice -selected Virginia Key LLC (Limited Liability Company) proponent. First, the current operator is not there on a lease or a license. They are a hold -over tenant, pursuant to a settlement agreement that was never approved by referendum. They are there without approval. So modifying an agreement that is not legally enforceable, I don't think you can do. Number two, the whole issue about we're on appeal. They are no longer -- they no longer have a right of appeal. The appeal to the Third DCA (District Court of Appeals) is discretionary. The Third DCA has discretion to accept or reject that appeal. So what you're saying, so long as it's an appeal, they could appeal to the Hague, they could appeal to the US Supreme Court, they could appeal to the Florida Supreme Court, and they could be in appeal, because they have 30 days to appeal to the Third DCA. It's not an appeal as a matter of right. That's a very different -- very, very different. We sat here and stood here before you, and you said, "We wanted to see what the Circuit Court had to say." We wanted -- you passed a new ordinance that authorized us to go to the Circuit Court to confirm whether or not the City was right. The Circuit Court has now said twice -- once in July and, again, a final order was entered this morning -- "We're done" -- Ms. Mendez: There's a 30-day -- Mr. Dotson: -- "with the appeals as a matter of right. " Ms. Mendez: There 's still a 30-day appeal period. Mr. Dotson: Of course. Ms. Mendez: At the end of the day, it would be -- Mr. Dotson: I'm going to address that, too, because -- Ms. Mendez: -- it would not be proper for us to give you an award when we have all this legal uncertainty. You know that they're going to appeal tomorrow, so for us -- for this board to give you an award and to be stuck in that limbo is not fair to the Commission or to the City. At the end of the day, if the Commission wants for the present tenant to leave -- Commissioner Gort: No, no. Ms. Mendez: -- and for the City to take this over until all the appeals are done, the City can do that. Commissioner Gort: We can start a new month. City of Miami Page 190 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Mr. Dotson: What you may not recall, Madam Attorney -- and you may recall it -- that in the RFP, there was a requirement, a requirement -- not an option, but a requirement -- that the successful proposer indemnify the City, indemnify the City if we move forward, and we're prepared to indemnify the City and not take on those contractual rights that you just said. So we -- what you just said, we can address, because we already have an obligation to indenzn you, should you award this contract and lawsuits continue. That's already agreed to. Vice Chair Russell: Who's going to indemnify us against you when they -- if they were to win the appeal and we take it back away from you? Mr. Dotson: I just said, we're prepared to give that up if they file an appeal and win, because there's no way that's going to happen. It's a discretionary appeal; not an appeal as a matter of right. We are done. We are done with the rights of appeal that they had pursuant to the ordinance that you passed. But if your position is that 30 days from now, they can file with the Third DCA; the Third DCA says, "You're right." They got "X" number of days to appeal to the Florida Supreme Court. Maybe the Florida Supreme Court says, "We're not going to accept it." Then you say, "Well, they got "X" number of days to file before the US Supreme Court." "Oh, well, we'll wait for that." And then the hundred -million -dollar difference. Hundred millions of dollars are on the table. You're talking about raising rates for the City; you're about to have a budget hearing. We're talking about hundreds of millions of dollars that'll be available to this City once this gets -- not according to me, but according to CBRE (Coldwell Banker Richard Ellis), your consultant. So why are we waiting? Why are we waiting? Ms. Mendez: The City can make a decision tomorrow, if there are continuous appeals in litigation, without awarding you anything. You have no vested rights to anything. And the City could decide, if they want to, to take on the management of this themselves. Mr. Dotson: They could also decide today to award it to us in the manner I just discussed. Ms. Mendez: And then be stuck in limbo appeal forever. I mean, at the end of the day, it's a policy decision. Commissioner Gort: Yeah. Ms. Mendez: I'm advising them that until the 30 days of appeal are over that they should not. It is obviously up to them. But to be stuck between a rock and a hard place versus them actually having a decision in the future to be able to get out of something, I advise them not -- Mr. Dotson: But believe it -- Ms. Mendez: -- forward today. Vice Chair Russell: And I don't think they have standing in the Hague. Mr. Dotson: Being an appeal, does that then include, if they decide to appeal to the Florida Supreme Court and the US Supreme Court -- Commissioner Carollo: Of course. Mr. Dotson: -- and International Court of the Hague? City of Miami Page 191 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Carollo: Of course. And (UNINTELLIGIBLE). Vice Chair Russell: (UNINTELLIGIBLE) standing. Mr. Dotson: Then we'll be here forever. Vice Chair Russell: All right. Make a motion. Commissioner Carollo: Madam -- well, no. Manager -- now Assistant Manager is here. The Manager, I had asked earlier this morning, when the counselor up here, Mr. De Grandy, said that the monies they were offered by the appellant, combined with the monies that we receive by the dry docks, came to really the same as he's paying now. So I asked a question, "Is that correct?" because, you know, that would make a difference in my judgment. And the Manager told me, with the City Budget Director who's there, that it's not correct; that there's a difference; that we're being short-changed based upon what the winner of the Request for Proposal offered. There's a difference of 91,000 per month. Now, this has been going on for at least a year and a half or more -- Commissioner Gort: More. Commissioner Carollo: -- that we've been losing that $91, 000. This is not a situation that the City has no ability to run that operation, because if I would be told that that was the case, then we should shut down operations here at Dinner Key Marina, the largest marina in the State of Florida that we run, or Miami Marina downtown. Plus, we're running the dry docks already on the other side, what was bidded out. So what I'm looking at is, first, I want to be made whole. I don't really care who's running the joint. All that I care is that, you know, we're being paid the maximum dollar -- hopefully more into the future -- of what the winner of the proposal -- Request for Proposal offered. At the same time, I heard something now that I hadn't heard before. And neither I, nor Commissioner Reyes, were around when all this was happening and the Request for Proposals were put out. You know, we're here after all the facts. Mr. Dotson said that part of that Request for Proposal is that they will indenzn the City in anything in the future. And if that's not enough, we should get even more from him if they want us to proceed in anything. But more so, I asked a question earlier, I think, and that is, Are your clients willing to pay for a special election? Mr. Dotson: The unequivocal answer is, "Yes." Commissioner Carollo: So, as I'm seeing this, what we need to do is, one -- there's only two ways we could go. The individual that's running this right now has to pay us no less than 91,000. I would say 100, 000, because he's gotten a free ride for over a year and a half of -- Commissioner Gort: Who? Commissioner Carollo: -- having -- have to pay a higher rent while he's been appealing. The other route that we could go -- and I'm talking about 100,000 per month -- is that we can wait the 30 days that you want before this Commission can put out a special election. It could be done either -- if the County could do it before the November election or right after it in November, or at the earliest that the County Elections Supervisor will tell us that they could do one. And obviously, the 30 days would have passed that you're saying that we should wait at least then. But in all frankness, the most critical part of appeals have passed. The chances of the second place finisher in this succeeding in anything further on the appeal of the appeal, we all know, is slim to none. So we need to finalize this one way or another, City of Miami Page 192 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 but this can't keep going on this way. And having said that, it was Commissioner Gort that asked for this to be placed on the agenda, and I'd like to hear from him to see how he would like to proceed. Unidentified Speaker: Mr. Chairman, I'd also (UNINTELLIGIBLE). Vice Chair Russell: Well, just a minute. I'd like to hear from Commissioner Gort, and then, of course, you can speak. Commissioner Gort: My understanding, to avoid all kinds of problem (UNINTELLIGIBLE) appeal and appeal. I said, let the City take it over for now, and then we can deal with the new proposal within a month or two, but at least, let the City take it over. Vice Chair Russell: Do we have the logistic and manpower ability to take over the marina at this point, or would that be a long-term plan or a mid-term plan? I think we would leave the tenant in place until we would be ready to do so. I mean -- Mr. Rotenberg: It would take us 30 to 60 days to make sure we had the manpower and logistics for that. Any of the property, it'll take 30 to 60 days to take over, then we can take it over. In the meantime, we could sit down with the current group that's on there and work something out with them. Vice Chair Russell: In that case -- Mr. Rotenberg: The number is about $100, 000 a month. Vice Chair Russell: So we have some options. We have some options. So the motion on the floor is to defer the item. I'd like to hear if there is a second on that, and then we'll go from there. Commissioner Carollo: Well, didn't we have that motion before and there was no second? Vice Chair Russell: It has not been asked for a second. So, "Is" -- Nicole N. Ewan (Assistant City Clerk): There is no second. Vice Chair Russell: -- "there" -- Commissioner Reyes: Can I ask -- Vice Chair Russell: -- "a second on the motion?" is the question. Commissioner Reyes: -- a question to the City Attorney? Madam City Attorney, when will we know if the -- I heard the choir here talking about that the appellate court will have to accept it. When will we know if it's going to be accepted or not? Ms. Mendez: We have 30 days for appeal, and we still don't have -- I believe we still don't have a final order on the actual decision today. Mr. Dotson: I actually have it with me. I'll be happy to give you copies. There is a final order. That was -- Ms. Mendez: I think that there's a little stamp on the top that says, "Non -Final" or "Not Final Order." City of Miami Page 193 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Mr. Dotson: Nope. Commissioner Reyes: Okay. Ms. Mendez: No. Okay, let me see it, because I -- that's not the copy I have. Commissioner Reyes: Now, another question. You see, I am -- I know what happened with the suit that we have to pay, because of the City Commission. They didn't pay attention to your suggestion. I don't want to be guilty of that. And I think that we -- if we have you as our City Attorney, and we have to follow your lead. What would you recommend? Vice Chair Russell: Deferral. Ms. Mendez: So the order that was issued today on September -- well, it was actually issued yesterday, September 11, at 2: 52 p.m. At the top left-hand corner, it says, "Not final until time expires to file rehearing motion and file disposed of. " So that's what it says. Mr. Dotson: You are -- that's correct. Ms. Mendez: Then we have 30 days -- there's still 30 days with which they could appeal or may appeal to the Third DCA. Commissioner Reyes: After their appeal, if they appeal, when do we know if the Third is going to accept the appeal or not -- is going to hear it? Ms. Mendez: Right. They -- Commissioner Reyes: How long it take? Ms. Mendez: -- normally -- they'll normally issue a mandate, like 15 days after that. Commissioner Reyes: That's 45 days. In 45 days, we know if -- Ms. Mendez: They accepted or -- Commissioner Reyes: -- they accepted or not, and then we can -- we are home free. If they don't accept it, then we can go. Commissioner Gort: They have 30 days to appeal to (UNINTELLIGIBLE). Commissioner Reyes: Well, that will be something else. Commissioner Carollo: This could go on and on in different appeals -- Ms. Mendez: I -- Commissioner Carollo: -- because -- Ms. Mendez: -- wouldn't mind maybe having this discussion if there was -- if it was decided at the Third and then it's appealed to the Florida Supreme Court. That's a whole different set of criteria with regard to the review, but the Third DCA is usually the end all, be all of -- Commissioner Carollo: Yeah, but Madam -- City of Miami Page 194 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Ms. Mendez: -- things. Commissioner Carollo: -- City Attorney, the Third DCA, with a three judge panel, ruled already. Ms. Mendez: No, no, no, no. Commissioner Reyes: No, they haven't. Ms. Mendez: This is in the Circuit Court, Appellate Division. We have not even gotten to the Third. Commissioner Carollo: I'm sorry. Yeah, I'm sorry. But let me rephrase that. The Appellate Court has ruled with -- I believe it's a three judge panel also. Ms. Mendez: Yes, it's a three judge panel in the -- Commissioner Carollo: Now, we all know that is -- the chances are zero to none that there's going to be a rehearing of that. Ms. Mendez: Right. That was denied yesterday. Commissioner Carollo: Yes. So -- but the -- Commissioner Reyes: But there's still a chance. Commissioner Carollo: -- well -- Ms. Mendez: Now it's the appeal to the Third District Court of Appeal that -- Commissioner Carollo: -- what -- my position is simple. I don't care which of the two parties are running it for the meantime. If I have to divide the baby in half, we're going to run it. But what I care about is that somebody pays us the $100, 000 difference; not a penny less than $100, 000. So I'm not going to keep going, deferring, extension, playing the game so that the person that has that now and their lease has expired, they have no legal right to it, keeps making extra money that belongs to the residents of Miami. That's -- you know, if the Courts, you know, by the Immaculate Conception, comes down, "Boom," and surprises everybody, and says that they were right, and we put this out for the third time and they win, that's fine; I don't care, as long as we're getting top dollar and we're being paid. Right now this game has been going on for a year and a half, and we're losing out at around $100, 000 a month. Commissioner Reyes: About a million dollars we have lost, right? Ms. Mendez: Right. Commissioner Carollo: Well, that's 1.2 million -- Ms. Mendez: So we have a -- Commissioner Carollo: -- a year. Commissioner Reyes: 1.2, that's right. Vice Chair Russell: Mr. Chairman? City of Miami Page 195 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Ms. Mendez: -- unfortunately, we have a settlement agreement in a case, a couple years ago, with the present tenant that said that until -- they would remain as holdovers until certain appeals were done. Vice Chair Russell: We should -- we have to defer this. Ms. Mendez: We -- I would rather that the Commission, because they can -- Commissioner Reyes: Defer it. Ms. Mendez: -- if they want the City to take that over -- Commissioner Carollo: Well -- Ms. Mendez: -- that was not contemplated in that settlement. Commissioner Carollo: Well, who was the settlement with? Ms. Mendez: With the present tenant. Commissioner Carollo: With the present tenant. Well, I'd like to see that, because we were around them. But you know what? The present tenant, nor any tenant, is going to take us for all that money, because right now, we're being taken for chumps, and I don't like that. Commissioner Gort: Let's hear -- Commissioner Carollo, let's hear from the -- from Mr. Attorney. Vice Chair Russell: And there was a second. Miguel De Grandy: Thank you. If I may. Vice Chair Russell: Yeah. Mr. De Grandy: First, let me talk about something I find very unusual here, and it goes to the representation that was made regarding this being a final determination. Because I could tell you as an Officer of the Court, or I could tell you under oath, if you'd like, that I'm on the service list, and so is my partner, Richard Paris, and so are my appellate counsel, and so is your City Attorney, and none of us got a copy of that order from the Court. And the reason why is because if you click in the electronic calendar, it will tell you "It's pending redaction." Now, I don't know, because -- for those of you that were fans of Johnny Carson -- I'm not Carnac the Great; I cannot put a non final order to my head and tell you what's going to be redacted and what's not going to be redacted; what's going to be added or not added. So the 30 days haven't even started yet, because the City, who's a party, hasn't been served; my client, who's a party, hasn't been served, because that is not a final order. Now, why is that important? Because the last pronouncement that was made by the Court that was final said, unequivocally, that the parcel that Virginia Key used to enhance their proposal was not a part of the RFP. And your Charter, Section 29A(c)3, titled "Safeguards," prohibit you as a Commission from accepting any proposal -- that includes land -- that was not part of an RFP. So this is not just about an appeal. Vice Chair Russell: I don't think we should be litigating the merits, though, right now, because we're going to go deep into the weeds if we do that, so please. City of Miami Page 196 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Mr. De Grandy: But that's what I'm saying. This is not just about an appeal; this is about -- Vice Chair Russell: Because then we get to hear -- Commissioner Carollo: But -- Vice Chair Russell: -- Mr. Dotson's side of it and -- Commissioner Carollo: -- counselor -- Mr. De Grandy: -- your Charter. Commissioner Carollo: -- but so far, you have lost in every court that you've gone to, one; two, you're certainly not saying that your client has a right to stay there and not pay the City any more money. Mr. De Grandy: No. Under settlement agreement, as I told you this morning, Commissioner, my client is happy to sit down and discuss those issues, but I think we have to have an orderly process, and I think you would agree with that, that if there is a -- Commissioner Carollo: Well, a year and a half has been going on, and we haven't had an orderly process. And if I was sitting over there instead of here, I'd be happy to spend a couple of hundred thousand dollars in paying attorneys, paying lobbyists, and pocket a million dollars while appeals and appeals go on, and this is my problem. I don't care who gets this contract. I really don't, counselor. And this is not about any other issue than what I think should be fair to the residents of Miami. Mr. de Grandy: I understand. Commissioner Carollo: And it's very difficult -- Mr. de Grandy: Okay. Commissioner Carollo: -- when we see Directors, Managers trying to bring items to us -- like the Off -Street Parking Director brought up with the City Manager to try to bring more revenues that we need -- that, you know, might have affected our residents until we stopped it here, and we're going to let all this money go out the door? I mean, this is not right. So, you know, with all respect to you -- and I do have a lot of respect for you. We've known each other a long time. I'll even volunteer your client was a supporter of mine, contributor of mine in the campaign, but I don't look at that based on who supported me or didn't support me; who contributed or not. I look at it as to what is best for the City of Miami. And here, the missing link is a 100,000 bucks a month that we're not getting. Mr. De Grandy: I understand. Commissioner Carollo: Now, if you could proffer that from your client that we would get that, I could certainly, you know, be more amicable to wait longer to see what happens with the Courts, but right now I'm not in good humor for that, because this has been going on for a year and a half or more. Mr. De Grandy: Commissioner, I'm asking for 30 days to have those conversations with your Administration. Commissioner Carollo: What can --? City of Miami Page 197 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Mr. De Grandy: My -- Commissioner Carollo: -- if you have the 30 days, are you going to give us another 100,000 for the 30 days? Mr. De Grandy: My client -- ifI could finish my statement, sir. Commissioner Carollo: Certainly, sir. Mr. De Grandy: My client today is at the Mayo Clinic, dealing with a family emergency with his mother. He is not in a position today to make a business decision. I'm asking for -- Commissioner Carollo: Yeah. Look, I'm very sorry to hear that for your client, but your client has known the facts on this for a long, long time, so this is not a decision that he had to make today. Okay? Mr. De Grandy: I understand, but no one has approached my client -- Commissioner Carollo: Well -- Mr. De Grandy: -- to ask for that. Commissioner Carollo: -- then, you know what? Madam City Attorney, you tell us what we need to do to get paid what we should be getting paid, either for his client, the other guy, or -- I don't care who it is. If not, let's get the City in there and run the joint. Chair Hardemon: All right. So now, the motion on the floor right now is to indefinitely defer, right? So let's discuss that, unless we're finished with discussion on that and you want to get that to a vote. Commissioner Reyes: That's right. Chair Hardemon: All right? Commissioner Reyes: Yes. I do agree with -- I mean, I'm a hundred percent in agreement with Commissioner Carollo; we should be paid. We should be paid. But I don't want to place the City in a position that when we -- what happened with Flagstone, that they're going to give us -- I mean -- and that we 're going to be liable, and they can take us to court. That could happen, Madam City Attorney? Vice Chair Russell: Let 's negotiate (UNINTELLIGIBLE). Commissioner Carollo: This one's much different than Flagstone. Commissioner Reyes: No, no. Wait a minute. Wait a minute. No, no. I pay attention to the -- Ms. Mendez: The only thing I want to avoid today -- Commissioner Reyes: Yes. Ms. Mendez: -- We can have all these discussions about discussing better rents, about the appeals, about taking over. We can have all those conversations. Unfortunately, today, I don't want to award -- I don't want you to award anything, City of Miami Page 198 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 because the minute you award, the other side has vested rights. And then, if you're stuck in a lawsuit for another six years, there's nothing else you could do about it. Commissioner Reyes: That's right. Chair Hardemon: The question is, who has vested rights? Because I thought they were a holdover today. It was (UNINTELLIGIBLE) going to be a holdover today. Ms. Mendez: No, no, no. I'm talking about the minute you award this contract. Chair Hardemon: Right. If we award it, then that person has vested rights. Ms. Mendez: Yes. Chair Hardemon: The person that has -- Ms. Mendez: But then you're stuck in the middle of -- Chair Hardemon: -- the spot right now -- Ms. Mendez: -- both of them. Chair Hardemon: -- that's in control of the site right now, they're a holdover tenant; is that correct? Ms. Mendez: They're a holdover tenant pursuant to a settlement agreement. However, they're a holdover tenant for us awarding another contract to somebody other than them, and I understand that, but we won't do that if you all decide to just take it over for the City. So with that said, the best thing to do today would be to indefinitely defer this item, have the discussions with all the parties to see where we're at -- Commissioner Reyes: And if we can get more additional -- Ms. Mendez: -- and if we can get any additional funds while we await at least this 30-day appeal -- hopefully the Third DCA will act promptly, quickly, and we will be in a better position to decide all your policy decisions at that time. Mr. Dotson: Mr. Chairman, I already waived those vested rights that you just heard about. I said it on the record. If you award the contract today, the vested rights that she 's concerned about, we agree to waive. So that issue is no longer on the table. Commissioner Carollo: Well, I'm hearing right. If they are willing to waive any rights whatsoever -- because you know what? This contract that I was just given from September 23, 2015, I'm reading in here -- and our rights were given away. It says here -- in this part, I got all excited, thinking, "Well, we could take over." It says, `Regardless of any contrary term contained in the lease documents, Rickenbacker may become a holdover tenant at will after the lease expiration date," which I figure, well, we can get them out. But then when I read in the back, it says, `Rickenbacker has holdover rent with holdover tenancy, so long as it is permitted by law, shall continue until the successful bidder new tenant takes possession of the subject property after any and all objections to the bid and award, including appeals, have been fully and finally received hereafter the holdover tenancy period." Vice Chair Russell: That's pretty solid. Commissioner Carollo: They could be playing us for years and years to come. City of Miami Page 199 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Ms. Mendez: Yes. Chair Hardemon: (UNINTELLIGIBLE). Commissioner Carollo: Years to come. Ms. Mendez: For a new bidder, a new tenant other than them. We are not a new bidder. We, the City, are not a new tenant. That is not contemplated in that. Commissioner Carollo: Well, I understand that, but what -- I want you to give us a legal opinion right now. When can we go in there and take over if they don't give us 100,000 more per month? And as far as I'm concerned, it begins September 1. Vice Chair Russell: (UNINTELLIGIBLE) a deferral? Commissioner Carollo: We're going to forget about the last year and a half that they didn't pay. Ms. Mendez: They -- Commissioner Carollo: And if they can't afford it, they should vacate it; they should lose money then. Ms. Mendez: The City can take over the property. That is what you can do. We cannot hand over an award until -- Commissioner Carollo: I hear that. Ms. Mendez: -- all the appeals are done. Commissioner Carollo: I hear that. I read that. Vice Chair Russell: Then (UNINTELLIGIBLE). Commissioner Carollo: Then you know what? We need to immediately notify them that we're going to take this over, even if it's going to be by a skeleton crew, unless they start paying us -- Commissioner Reyes: That's it. Commissioner Carollo: -- retroactive to September 1, $100, 000 more per month. Chair Hardemon: Who approved this lease, this agreement? Was -- this body approved this agreement, or was it --? Commissioner Carollo: Well, two of us weren't here -- Chair Hardemon: No. But no, no, no. Commissioner Carollo: -- so I don't know who approved it. Chair Hardemon: But the body. But did this body approve this agreement, or was this approved by the City Manager's office, this -- the actual settlement agreement and release? Ms. Mendez: It was a Commission item. City of Miami Page 200 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: You're sure? Unidentified Speaker: Positive. Ms. Mendez: Yes. That's the only way we can approve settlements. We can have another conversation on that. Commissioner Carollo: Well -- Commissioner Gort: Who created it? Vice Chair Russell: I think in the meantime, we only have one option, and that is, really to make all those -- those other decisions can come, but for the moment, we should defer. Commissioner Carollo: No, sir, because by you doing that, you keep letting them make money on the City residents. Vice Chair Russell: But they -- the -- this has -- Commissioner Carollo: I -- no, no, no, no. Chair Hardemon: Typically, holdover tenants pay -- what? -- three times -- Commissioner Gort: (UNINTELLIGIBLE) take over. Chair Hardemon: -- the rent? Three times in the Florida Statute? I know one of you know. Mr. De Grandy: A holdover tenant -- Commissioner Gort: City can take it over. Mr. De Grandy: -- part of the settlement agreement -- Chair Hardemon: I know. In this one, they pay the same amount. Mr. De Grandy: Yeah. (UNINTELLIGIBLE). Chair Hardemon: But I'm saying, typically, in the State of Florida, holdover tenants can pay up to three -times the amount of the rent. I don't know. Maybe it's (UNINTELLIGIBLE). Vice Chair Russell: So my recommendation, if we're -- if we do pass the deferral, is to direct the City Manager, City Administration, to start taking steps and looking at potential takeover by the City, because if that's not contemplated, we may have options there. And then we're at the table with a new discussion, with the current tenant, while waiting for the appeal to happen, but not awarding it prematurely and then having to reverse everything, but at least, then, we can look at a couple of good options. Commissioner Carollo: Commissioner, that's your wishful thinking, but I see it different. I see that we need to put a motion directing the Administration to -- Commissioner Gort: To start now. City of Miami Page 201 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Carollo: -- inform them that if we are not paid immediately $100, 000 for the month of September, and thereafter, an additional $100, 000 beyond what they are supposed to pay us now every month, we are going to take that over, beginning the first of next month. That'll give us a couple of weeks or so to get our act together and go in there. I'll be happy to go and help out, guys. I'll volunteer. Vice Chair Russell: But either way, that still entails a deferral of this award, so why don't we just get that out of the way, and then we can deal with this direction, because you may not be off but I want to make sure we -- if we do that, we word it in a way that's legal according to this lease. Commissioner Carollo: Well, absolutely. That's the one thing we always have to make sure -- Commissioner Reyes: That it's legal. Commissioner Carollo: -- that we're not going to shoot fi^om the hip. This is why I asked for this lease when I found out just a little while ago that there was a lease such as this, which I'm in shock, because it took so many of our rights away. We should never do something like this. Commissioner Gort: My understanding, listening from the attorney, we can take over. We can make a motion to take over the arena today -- Commissioner Carollo: And that's what I'm saying. The motion -- Commissioner Gort: -- and then we can inform them -- Ms. Mendez: We have to -- okay, we have to give notice and a few things. So just -- Chair Hardemon: I have a question. Ms. Mendez: -- direct the -- Chair Hardemon: Is there an appeal right now? Mr. De Grandy: Right now, there's -- Mr. Dotson: As we stand here -- Mr. De Grandy: -- no final order (UNINTELLIGIBLE). Chair Hardemon: That's what I asked you. Is there an appeal? Mr. Dotson: No. Mr. De Grandy: Yes, sir. Chair Hardemon: No. Can't be. Somebody has to be giving me the right or wrong answer. Mr. De Grandy: There is no -- Chair Hardemon: There was an appeal -- Mr. De Grandy: Yes, sir. City of Miami Page 202 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: -- just recently. Right? Mr. De Grandy: Yes, sir. Chair Hardemon: The Third DCA came out with an opinion; is that what --? Mr. De Grandy: No, no. Mr. Dotson: No. The three -- Mr. De Grandy: Circuit Court. Mr. Dotson: -- judge panel -- Chair Hardemon: Three judge panel. Mr. Dotson: -- ruled in July -- Chair Hardemon: Correct. Mr. Dotson: -- against the incumbent. Chair Hardemon: Okay. Mr. Dotson: They filed and asked for a rehearing and clarification. We now have another order, September 11, also denying them; that order's not yet final. But there is no appeal to the Third -- all this discussion about an appeal, it doesn't exist today to the Third DCA. Commissioner Carollo: Well -- Mr. De Grandy: Because there is no final order. Chair Hardemon: The reason -- Mr. De Grandy: I'm sorry, sir. Chair Hardemon: Because I'm trying to read through that paragraph that says, "Until the tenant takes possession of the subject property after any and all objections to the bid and award, including the appeals, have been fully and finally resolved." So I don't want to just take that and just make it think -- make me believe what it says. I want to really dissect that to what it is. So if there is an appeal right now and -- if there is not an appeal right now, then the appeal doesn't apply here. So the question is -- it says, `After any and all objections to the bid and award." There was a process in which they were objecting to the bid. That's what -- I think we spent a lot of time here about that. And so, I'm -- you know -- because what I'm seeing is if this thing just goes on forever, because someone says that they have an objection or they have an appeal and there's not technically any appeal process, then we're going to find ourselves here forever, until we're able to exercise the right that we have to award this piece of property. Commissioner Carollo: Sure. And they're financing -- Chair Hardemon: So unless -- if there's no appeal, then we award this thing and then move on. City of Miami Page 203 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Carollo: -- all their court proceedings with our residents' money. Isn't that great? Mr. Dotson: And Mr. Chairman, I'm sure your City Attorney will tell you that they cannot file another motion for rehearing. Rule 9.330 says, you can only file one. They filed one, and they lost. So they're done with three hearings with respect to the Third -- three judge panel. Ms. Mendez: Right, they're done with their rehearings, but now -- Chair Hardemon: They -- but you're saying they may -- Ms. Mendez: -- Third DC -- Chair Hardemon: -- appeal. Is that what you're saying? Ms. Mendez: They may appeal to the Third District Court -- Chair Hardemon: But there is no appeal. Ms. Mendez: Right now there is no appeal. Chair Hardemon: So why can't we award? Ms. Mendez: Because the minute you award, you tie your hands -- Chair Hardemon: But then -- but -- Ms. Mendez: -- and then you're stuck. Chair Hardemon: -- I'm just saying -- Ms. Mendez: You're stuck. Chair Hardemon: -- this things says that if there is an appeal -- Ms. Mendez: You're stuck. And then what'll happen is that nobody's going to anything while it's getting appealed, so you're stuck versus -- Chair Hardemon: So -- Ms. Mendez: -- having other options. When you award something, that's it. Commissioner Carollo: Well -- but -- Commissioner Reyes: Can we just defer this and, about the same time, direct the City Attorney -- after we defer it, direct the City Attorney to start the procedure for the City to take over, and give them certain amount of time for them to start paying what it is owed to us? If they don't do it, we just go ahead -- go right ahead and take over. Commissioner Carollo: Look, I -- Vice Chair Russell: I think that's a good plan. (UNINTELLIGIBLE) to you? Chair Hardemon: And I want to read the conclusion just for the record. I'm reading the conclusion of -- This is Biscayne Marine Partners, LLC (Limited Liability City of Miami Page 204 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Company), the petitioner, versus the City of Miami, Florida, and Virginia Key, LLC. I'll read -- at the top, it says, "Not final till the time expires to file rehearing motion and if file disposed of. " So this is an Appellate Case Number 17-335 AP 01, in the Circuit Court of the Eleventh Judicial Circuit. All right. The conclusion of it says, "This Court is not authorized to weigh or reweigh conflicting evidence presented during the bid protest hearing below, or substitute its own judgment for that of the Hearing Officer." Then it cites some case law. `Absent of finding of illegality, fraud, oppression, or misconduct, the Hearing officer was required to uphold the City's honest exercise of discretion "; another case law cited. `Biscayne has failed to demonstrate that the City's action was arbitrary, capricious, or unreasonable, or that the recommended award to Virginia Key is illegal, oppressive, collusive, fraudulent, or unsupported by competent substantial evidence." That's a hell of a statement to -- for them to -- for this sort of thing not to be upheld. Ms. Mendez: I understand. I totally understand that, but, you know, appeals can still be filed. I ask that at least we be prudent and we wait for this to be final. Commissioner Carollo: Madam City Attorney, I hear that, and I know you're trying to protect the City as -- to the best of your ability, and I appreciate that. But explain to me, based upon what the Chairman read, what do we have to lose if they give us any waiver that we request of them, like they have proffered that they would, if we award this to them? And we could even waive the 30 days you've asked before it becomes effective. But what do we have to lose? This is what I'm trying to understand. Mr. Dotson: And we're prepared to sign whatever you (UNINTELLIGIBLE). Ms. Mendez: So I -- so what would like to know, if this is awarded, when will rent start being paid? Commissioner Carollo: Okay. Well, this is part of what has to be clarified, and I agree. When will rents start being paid? Commissioner Gort: Look -- Mr. Chairman? Mr. Dotson: When this is awarded, this has to go to referendum first -- Commissioner Gort: Mr. Chairman? Mr. Dotson: -- as you pointed out, a special election. So after the electorate approves it, then we'll have control of the property, and then we'll start paying rent. So it'll be immediately -- Commissioner Carollo: Okay. Mr. Dotson: -- upon that approval. Commissioner Carollo: In the meantime, do we take it over, or does the person that's running it wants to pay us the 100,000 that we feel we should be getting in addition to? Commissioner Gort: Mr. Chairman? Ms. Mendez: The problem is that we have -- Chair Hardemon: Then Commissioner Gort. City of Miami Page 205 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Ms. Mendez: -- the settlement agreement that says that all the appeals need to be exhausted. Vice Chair Russell: Yep. Ms. Mendez: That is a -- Chair Hardemon: That's not -- Ms. Mendez: -- difficult -- because we are -- Chair Hardemon: -- what it says. Ms. Mendez: -- because we're going to award it to someone. Commissioner Gort: Mr. Chairman? Chair Hardemon: That's not what it says. Ms. Mendez: If we were to take it over -- Commissioner Gort: Mr. Chairman? Chair Hardemon: Yes, sir. Commissioner Gort: I'm not an attorney, but listening to all the attorneys, my understanding is that the easiest way is the City takes over -- we make a motion today for the City to take over, then we can negotiate with whatever. And then, if 30 day goes by, then we can come back on the 27th and approve it or -- Commissioner Carollo: Well -- Commissioner Gort: -- in October. Vice Chair Russell: So it's a combined -- it's a deferral of the award -- Commissioner Gort: No. Vice Chair Russell: -- and then a motion to start working on takeover -- taking over. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Carollo: There was a motion, Chairman, because -- after this motion, I think, fails, I'm going to make one, and it's going to be one that's going to have a gun pointed at people's head so that either they pay or they take a walk, because it's going to be one that we're going to take action on. There was a motion for deferral. I think there was a second. Commissioner Reyes: Yes, it was. I second. Commissioner Carollo: Let's bring it up to a vote. Chair Hardemon: All in favor of the motion for deferral -- the indefinite deferral, say "aye." Vice Chair Russell: Aye. City of Miami Page 206 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: All against? Commissioner Carollo: Nay. Commissioner Gort: Nay. Chair Hardemon: Motion fails. Commissioner Carollo: Okay. Now let me make a new motion. The new motion -- Nicole N. Ewan (Assistant City Clerk): Chair, just for the record, this was 2 -3. The motion failed -- Commissioner Carollo: Correct. Ms. Ewan: -- with Commissioner Reyes, Commissioner Gort, and Chair Hardemon voting "no, " just for the record. Chair Hardemon: That's correct. I don't know why -- Commissioner Carollo: No. I voted "no." Ms. Ewan: I'm sorry. Commissioner Reyes: He voted "no." Commissioner Carollo: I voted "no." Commissioner Reyes: I voted "yes." Commissioner Carollo: He voted "yes." He's the first; I'm the second. Ms. Ewan: Commissioner Carollo, Chair Hardemon, and Commissioner Gort, voting "no"; Vice Chair Russell and Commissioner Reyes voting "Yes, " just for the record. Commissioner Carollo: That's correct. Vice Chair Russell: Correct. Ms. Ewan: Thank you. Chair Hardemon: And for the record, it does not have to be spelled out who voted "yes" or "no" -- Commissioner Carollo: Yes. Chair Hardemon: -- especially on a continuance, but it's just a simple majority vote. I know you like to -- Look, I'm not fighting with you today, Todd. I have to go and get through this stuff that we're going through. Commissioner Carollo: Yeah. Chair Hardemon: But it does not, but -- Commissioner Carollo: It does not, and you're right. My motion is that we notes the present operator that if he does not pay us an additional $100, 000 for the month City of Miami Page 207 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 of September; and thereafter, an additional 100,000 fi^om what we're getting now, beginning each month thereafter, until this is settled, that we will be taking over that marina, as a city, October 1; or if we have the right to -- and we relook at the wording of that agenda -- that if based on the contract of 2015, whatever the date it was, we have the legal right to proceed in awarding it, that we shall do one or the other. But regardless, we will take over then if we're not receiving 100,000 more per month, beginning with the month of September; we will take over on the 1st of October, corning up. It's up to him. Commissioner Gort: In other words, it gives him 30 days to -- Commissioner Reyes: Okay. Commissioner Gort: -- warning that the -- Commissioner Carollo: Well, it gives them, you know, whatever -- Commissioner Gort: 30 days -- Commissioner Carollo: -- amount of days -- Commissioner Gort: -- to know that if they don't comply, they're out of there. Commissioner Carollo: It's less than that. It's about 15, 16 days. I lost track of what the date is today now. Ms. Mendez: Today is the 13th. Commissioner Gort: 13th. Commissioner Carollo: Okay. So it gives them more. It gives them, you know, 17 days to comply. Chair Hardemon: There's a section in this agreement that talks about the breach of the agreement, and like -- "Either of the parties fails to fulfill its obligations" -- it goes on and on, and it gives a mechanism in which there is some relief; particularly, a motion to enforce a settlement agreement and/or a motion for default of settlement agreement with the Court. And one of the things that -- the requiring of them to pay more dollars -- you know, I'm just trying to fight through this. I just don't see the mechanism in which we can do that, and I don't -- if they're going to sue us, I don't want them to sue us on something that, you know, can easily ident something -- Ms. Mendez: So -- Chair Hardemon: -- that's outside the scope of the agreement. Commissioner Reyes: I need a point of privilege. Ms. Mendez: -- the reason why -- Chair Hardemon: I'm trying to find a way to get out of the agreement, and if we need time to do that, then -- for instance, this item, instead of indefinitely deferring it, it can be continued to the next agenda. And so, that way, we really work through this. Commissioner Reyes: That's what I wanted to say. City of Miami Page 208 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Vice Chair Russell: It definitely wouldn't work. We could have brought it back (UNINTELLIGIBLE). Commissioner Reyes: I need a point of information, please. Ms. Mendez: In a perfect world -- Commissioner Reyes: Please, please. Ms. Mendez: -- what I would request is an indefinite deferral. And with -- Commissioner Reyes: Listen -- Ms. Mendez: -- everything that you have described, we will look through all the different ways to -- Commissioner Reyes: Madam -- Ms. Mendez: -- get to where you want to be. Commissioner Reyes: -- City Attorney, I want to ask a question from the Clerk. We had a -- we have a resolution here; we got to do something with it. We tried to defer this in order to be able to do another motion, you see? Now, what are we going to do with this? Commissioner Carollo: Well, I'm presenting -- Commissioner Reyes: Yeah, you present it, but what are we doing with this? Commissioner Carollo: -- a new one. I don't care what you do with it. I'm -- Commissioner Reyes: I mean, but -- okay. Commissioner Carollo: -- bringing a new one. Commissioner Reyes: But certain things that we have (UNINTELLIGIBLE). Commissioner Carollo: The bottom line is, what we can't have is an individual laughing as he goes to the bank with our residents' money. This can't happen. It's been happening for over a year and a half. And by just deferring, deferring, nothing gets done. Now, my motion stands with sending that letter. And if, for any reason, you find that we need to tweak or change anything between now and then, you bring it up to the next meeting that we have and you bring it to our attention, because we're not going to take any action until October 1, anyway, but at least we're putting him on notice, and we'll know then where he stands and where he's coming from. If he wants to deal with us in good faith, and he wants that that bad, and he feels so strongly that he's going to win in the -- all these appeals to the appeals, then he'll put up the additional 100, 000. But at least, this is not another deferral where we're going to discuss this and think about it and, you know, hope that people are just going to do what's right. Chair Hardemon: Section 13 allows for this agreement to be modified, but only by a written instrument signed by each of the parties. Vice Chair Russell: I think we (UNINTELLIGIBLE). Mr. De Grandy: Commissioner Carollo, ifI may? City of Miami Page 209 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Ms. Mendez: I would -- my -- so the last time this was -- it was indefinitely deferred, it came back six months later. I have heard you loud and clear. I would ask that you give me just a little bit of leeway to -- Commissioner Carollo: But we are. In this motion, it gives the leeway to come back to us at the next Commission meeting, and if there's anything wrong that we have to change or tweet based on this contract that I haven't read, nor am I about to start reading it all here, then you could tell us, and we still have time before October 1, but in the meantime, we put him on notice where we're coming from. And you would think, if someone is playing in good faith, we're going to hear from him, and let us know if he's going to accept this or not. After all, doesn't he feel so sure that he's going to win this that he keeps filing for appeals to the appeals? Ms. Mendez: The problem is that -- Commissioner Carollo: It's obvious that if he's using our money to do it with, and he's still making at least a million bucks out of the year, hey, he's got no problems in appealing. Commissioner Gort: Commissioner -- Ms. Mendez: The settlement -- Commissioner Gort: -- let me ask you a question. My understanding is, if we make a motion today that the City take over, the City has to give him the 30 days that we're talking about without -- forget about the payment and all that and -- Commissioner Carollo: I don't even know if it's 30 days. I didn't see it in that paragraph. It may be somewhere in this whole document. Ms. Mendez: It's not contemplated in the agreement. Commissioner Reyes: No, it is not. Ms. Mendez: That's -- Commissioner Reyes: The amount of days were given by the Administration said what it will take them to take it over. Commissioner Gort: That it will take them 30 days to take it over. Commissioner Reyes: In 30 -- from 30 -- Commissioner Gort: At least he knows -- Commissioner Reyes: That's right. Commissioner Gort: -- that we're taking over. Commissioner Carollo: Well, I'll -- Commissioner Gort: If he wants to maintain it, he has to make some payments. Commissioner Carollo: -- bet you that the Administration can get their act together, and they could put it together in 18 instead of 30 days, so we can be ready by October 1. City of Miami Page 210 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Mr. De Grandy: Commissioner? Commissioner Carollo: I'll join you over there, if the Manager allowed me. Mr. De Grandy: In all fairness, we haven't even had an opportunity to vet the City's number. We do know what our number is. We do know what we pay you for ours. We haven't had an opportunity to even discuss or vet what the City's marina is doing. Commissioner Carollo: But you'll have the time between now and then. Mr. De Grandy: Right. But what I'm saying is it -- Commissioner Carollo: You'll have the time. Mr. De Grandy: -- may not be $100,000. Commissioner Carollo: Huh? Mr. De Grandy: It may not be $100,000. Commissioner Carollo: Well, then, that's where you're going to have to come and (UNINTELLIGIBLE) -- Commissioner Gort: But you have the numbers, right? Commissioner Carollo: -- and then the City Attorney could bring it back on the 27th. But in the meantime, it's not going to be deferrals upon deferrals. You're going to see that there's some bite to what we do here. Mr. De Grandy: Right. I understand that. Chair Hardemon: So we continue 9 and 10 to the next agenda? Commissioner Reyes: Same thing. Commissioner Carollo: Well, the motion that I made -- and I'll repeat it again -- is a motion that the City will inform the tenant that -- Commissioner Gort: We're taking over. Commissioner Carollo: -- we are requesting 100,000 additional rent per month, beginning -- 100,000 additional for the whole month of September, and thereafter, on the beginning of each month; otherwise, we will be taking over -- Ms. Mendez: Commissioner, this is what I request, and I -- please, I beg you. What I would request is that we give them a notice, 15 days, to vacate, and let them come back with whatever -- Commissioner Carollo: Okay. All right. Then give them that notice -- Ms. Mendez: -- they would -- Commissioner Carollo: -- 15 days to vacate. They could hire more lobbyists, more people, and 171 deal with them, too. And then you bring back to us what we need to do on the 27th, but -- Commissioner Gort: Second the motion. City of Miami Page 211 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Commissioner Carollo: -- you know what? The party's over. And again, I don't care who wins, who gets it, as long as they pay the money that the residents of Miami should get, based upon the numbers that came from this Request for Proposal. Ms. Mendez: If they wish to offer that to us, then we can entertain it at that time, but we are not asking them for anything at this time. Commissioner Carollo: All right, there's a motion -- Vice Chair Russell: What's the motion? Chair Hardemon: The motion -- Commissioner Carollo: -- instructing -- Chair Hardemon: -- instructing -- Commissioner Carollo: -- the City Administration to give them 15 days to vacate; that we will be taking over in 15 days. Chair Hardemon: (UNINTELLIGIBLE) seconded by Commissioner Gort. Commissioner Gort: Second. Vice Chair Russell: Mr. Chairman, the Administration told us that we don't have the wherewithal to take over that soon. So if they vacate in 15 days, we don't -- we've got tenants there. Commissioner Carollo: We will, but -- Vice Chair Russell: We've got -- Commissioner Carollo: -- believe me, we will be able to take over. Vice Chair Russell: This is manpower. This is (UNINTELLIGIBLE). Commissioner Carollo: We will be able to take over. Commissioner Reyes: (UNINTELLIGIBLE). Chair Hardemon: Any further discussion on that motion on the floor? Mr. De Grandy: Mr. Chairman, we haven't even had notice that this was going to be on the agenda. This is not an agenda item. Chair Hardemon: I understand. Commissioner Gort: What do you mean? It's been in the agenda. Chair Hardemon: But a notice to -- Ms. Mendez: We're just going with landlord/tenant law. Chair Hardemon: Right. Ms. Mendez: We'll send you a letter. City of Miami Page 212 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 Chair Hardemon: Exactly. Ms. Mendez: And we'll talk. Chair Hardemon: There 's going to be -- Ms. Mendez: I'm sure we'll talk. Chair Hardemon: -- in the notice. Mr. De Grandy: One last request, Mr. Chairman. I have the privilege of chairing the Domestic Violence Oversight Board for the County. My meeting is at 10:30 on the 27th. If we can have an understanding that this item won't be heard until the afternoon (UNINTELLIGIBLE) -- Commissioner Carollo: Absolutely. Mr. De Grandy: -- my client, I would appreciate that. Commissioner Carollo: Absolutely. Mr. De Grandy: Thank you. Commissioner Reyes: (UNINTELLIGIBLE) to clam it. Commissioner Carollo: After lunch, will that be good or --? Mr. De Grandy: It usually lasts till 12..30. If you could give me at least no late -- (UNINTELLIGIBLE) 1. Commissioner Carollo: Well, we don't come back usually until 2 or 2..30, so. Mr. De Grandy: That sounds fine. Thank you very much, sir. Commissioner Carollo. Okay. Certainly. Commissioner Reyes: So this motion is that we 're going to give them 15 days to vacate. During those 15 days -- Chair Hardemon: They're going to respond. Commissioner Reyes: -- they will respond. If they respond that they are willing -- Ms. Mendez: We'll see how they respond. Commissioner Reyes: We'll see how they respond, and then -- Ms. Mendez: And we'll go from there. Commissioner Reyes: -- we have to take action in there. Ms. Mendez: And then we'll go from there. Commissioner Reyes: And then we'll go from there, okay. Make things clear. Chair Hardemon: All right. City of Miami Page 213 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 NA.3 4832 Office of the City Clerk Ms. Mendez: And then on September 27, what is -- this item is not -- Ms. Ewan: Well, we're dealing with the motion by Commissioner Carollo right now; if we can get a vote on that -- Chair Hardemon: Right. Ms. Ewan: -- and then we'll deal with RE.9 and 10 after. Ms. Mendez: Thank you. Ms. Ewan: And Commissioner Gort -- Carollo, can you please restate the motion, just so that it's clear on the record? Commissioner Carollo: The motion is instructing the Administration to give them 15 days' notice to vacate. Ms. Ewan: Thank you. Chair Hardemon: All in favor of the motion, say "aye." Commissioner Reyes: Aye. Chair Hardemon: All against? Vice Chair Russell: Against. Chair Hardemon: Motion carries. Commissioner Gort: Great. 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: Eileen Higgins ENACTMENT NUMBER: R-18-0404 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort NOMINATED BY: Board of County Commissioners Vice Chair Russell: The DDA (Downtown Development Authority), I believe. City of Miami Page 214 Printed on 12/3/2018 City Commission Meeting Minutes September 13, 2018 ADJOURNMENT Nicole Ewan (Assistant City Clerk): The DDA, did you want to do the non -agenda item for the confirmation of Commissioner Eileen Higgins? Vice Chair Russell: Yes. Ms. Ewan: Okay. Vice Chair Russell: I'll make the motion. Commissioner Carollo: I'll second that; Commissioner Higgins. Commissioner Reyes: Yes. Chair Hardemon: Been properly moved and seconded. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: That motion carries. Okay. The meeting adjourned at 6:25 p.m. City of Miami Page 215 Printed on 12/3/2018