Loading...
HomeMy WebLinkAboutCC 2019-03-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, March 14, 2019 9:00 AM Regular City Hall City Commission Francis Suarez, Mayor Ken Russell, Chair Wifredo (Willy) Gort, Vice Chair Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Keon Hardemon, Commissioner, District Five Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes March 14, 2019 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon On the 14th day of March 2019, 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 Russell at 9:13 a.m., recessed at 12:30 p.m., reconvened at 3:14 p.m., recessed at 4:59 p.m., reconvened at 5:14 p.m., and adjourned at 7:51 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9:15 a.m., and Commissioner Hardemon entered the Commission chambers at 10:01 a.m. ALSO PRESENT: Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Russell: Good morning, everyone. Welcome to the March 14, 2019 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Joe Carollo, Manolo Reyes, Keon Hardemon; Wifredo "Willy" Gort, Vice Chairman; and me, Ken Russell, Chairman. Also on the dais are Emilio Gonzalez, the City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, the City Clerk. The meeting will be opened with a prayer by Commissioner Gort, and then the pledge of allegiance. Vice Chair Gort: Good morning. Would you all please stand. (Invocation delivered.) Chair Russell: And now the pledge of allegiance. (Pledge of allegiance delivered.) Chair Russell: Thank you. PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 5598 Honoree Presenter Protocol Item World Hemophilia Day Mayor Francis Suarez Proclamation Trailblazer & Julia Tuttle Award Mayor Francis Suarez Proclamation WHM Nominees Mayor Francis Suarez Salute Steven Perricone Mayor Francis Suarez Proclamation Employees who have earned milestones HR Pins City of Miami Page 1 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Proclamation and brought awareness about hemophilia, which is a rare genetic bleeding disorder. The Florida Hemophilia Association, a chapter of the National Hemophilia Foundation, serves the bleeding disorders community to improve their quality of life by offering educational programs, financial assistance, scholarships, and advocacy efforts. World Hemophilia Day fosters a greater sense of community and shared purpose among individuals with all inheritable bleeding disorder and will commence the celebrations of the internationally celebrated World Hemophilia Month, and elevate awareness and engagement in the inheritable bleeding disorders journey beyond our community to the general public, enabling the prevention of illness, unnecessary procedures, and disability. The Elected Leadership paused in their deliberations of governance, thereby proclaiming Thursday, March 14, 2019 as "World Hemophilia Day" in the City ofMiami. 2) Mayor Suarez and Commissioners presented a Proclamation to Mr. Steven J. Perricone, a New York native, who began his career in hospitality in New York in 1976 and later moved to South Florida in 1989. Mr Perricone continued to pursue a career in hospitality with the establishing of Stefano's in South Beach in 1996, after the sale of Stefano 's, Mr. Perricone opened the now Miami iconic restaurant, Perricone'sMarketplace & Cafe in Brickell. Perricone'sMarketplace & Cafe served as a gourmet market in the City of Miami for nearly twenty-two years and brought joy to many community members. Mr. Perricone provisionally closed his marketplace during the last week of February but has promised to continue serving his famous delicacies in South Florida at his new location starting Spring 2019. The Elected Leadership paused in their deliberations of governance to pay tribute and celebrate the many accomplishments and community contributions of Mr. Steven J. Perricone, thereby proclaiming, Thursday, March 14, 2019 as "Steven J. Perricone Day"in the City ofMiami. 3) Mayor Suarez and Commissioners presented Salutes for Women's History Month to the following nominees: Annie Lord, Rai Johnson, Mayra Meyer, D3, D4, Cecilia Stewart. In honor of their advocacy for the wellbeing and welfare of the City of Miami and for being women of character. Courage and commitment for our community. 4) Mayor Suarez, Commissioners, and Commission on the Status of Women Board recognized and presented plaques to three (3) honorees in recognition of National Women 's History Month. The Julia Tuttle Award was presented to Maria Chin, the Trailblazer Award was presented to Jamarah Amani and special recognition award was presented to Dr. Rosalind Osgood. 5) Mayor Suarez and Commissioners recognized various City of Miami Employees for their 25 years and 30 years of services presenting them with Service Milestone Awards and commending them for their dedication and commitment to the City of Miami. Chair Russell: We'll now make the presentations and proclamations. (Presentations and proclamations made.) Commissioner Carollo: If the -- Madam City Attorney, if we have any presentations that are not in the agenda, can we do a five-day rule on those or not? Vice Chair Gort: Everything was on the agenda. Commissioner Carollo: Okay. Chair Russell: Properly noticed. City of Miami Page 2 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Regular Meeting - Dec 13, 2018 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: All right. I would like to -- before we get to the Mayor, I would just like to get an action -- I'm sorry. We have to -- we already did the order of the day, correct? We're good. That item is tabled till 2:30. Can I get a motion and a second on the minutes of December 13 -- Commissioner Reyes: Move it. Chair Russell: -- the Planning and Zoning of December 13, and the regular meeting of January 10? Commissioner Carollo: There's a motion. Chair Russell: There's a motion -- Commissioner Carollo: Second. Chair Russell: -- and a second. Is there any comment from the public on the minutes? Hearing none, anything from the dais? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. AM.2 City Commission - Planning and Zoning - Dec 13, 2018 2:00 PM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item AM.2, please see Item AM.1. City of Miami Page 3 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 AM.3 City Commission - Regular Meeting - Jan 10, 2019 9:00 AM ORDER OF THE DAY MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item AM.3, please see Item AM.1. Chair Russell: We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Thank you. Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office, or online at 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.com [sic]. The material for each item on the agenda is available during business hours at the City Clerk's Office, or online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period, or at any other designated time. When addressing the City Commission, the member of the public must state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications, or viewed online at wwwmiamigov. com [sic]. No cell phones or other noise -making devices are permitted in chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with disability requiring assistance, auxiliary aids and services for this meeting may notes the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this City of Miami Page 4 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 time, the Administration will announce which items, if any, are being either withdrawn, deferred, or substituted. Thank you. Chair Russell: Mr. Manager, good morning. Emilio T. Gonzalez (City Manager): Good morning, Mr. Chairman, Vice Chairman, Commissioners, Madam City Attorney, and Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: RE.9 -- that's RE.9 -- is to be indefinitely deferred. Commissioner Hardemon: Can you do me a favor? Mr. Gonzalez: Sir. Commissioner Hardemon: Can you state what the action is first, and then what the item is? It just helps trying to organize it in my mind. Mr. Gonzalez: Yes, sir. Commissioner Hardemon: So I was thinking if -- name the indefinite deferrals, or just not -- you don't have to go -- just do this: Say, "To be indefinitely deferred, RE.9." Mr. Gonzalez: Works for me. Commissioner Carollo: That will help. I appreciate that, Commissioner -- Mr. Gonzalez: Yes, sir. Commissioner Carollo: -- and if you could just state what -- just a brief quick sentence on what the item is about. Mr. Gonzalez: Yes, sir. Commissioner Carollo: Thank you. Mr. Gonzalez: To be indefinitely deferred, RE.9, which is a resolution accepting a donation from Miami -Dade County for the Badia Center, I believe, and we're going to indefinitely defer that one. Commissioner Carollo: Is there a reason for that, this money we're getting? Mr. Gonzalez: Sir, yes, there is. This is money that the County is giving to the Badia Center, but we would end up being the pass -through. And we're working with the City Attorney's Office on how to do this correctly. They may end up just giving it to the center directly, without including us, so that's why we've deferred this, so we could get some clarity there. Commissioner Carollo: Okay. That's a good explanation. Mr. Gonzalez: And the next item is DI.2, to be deferred till March 28; deferred to March 28, DI.2. And DI.2 is a discussion regarding the notice to the City Commission of an affidavit or certificate that will be filed in Miami -Dade County, Florida, regarding Declaration of Restrictions. Commissioner Carollo: Reference declaration -- Mr. Gonzalez: I'm sorry, sir, I didn't hear you. City of Miami Page 5 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: Declaration of Restrictions reference? Ms. Mendez: Babylon; the Babylon land. Mr. Gonzalez: Babylon. This is the Babylon property, sir. Commissioner Carollo: Oh, the Babylon. Mr. Gonzalez: Yes, sir. Commissioner Carollo: The Scarface -- Chair Russell: Thank you. Please continue, Mr. Manager. Mr. Gonzalez: That's all I have, Mr. Chairman. Thank you. Chair Russell: Are there any items that the Commissioners would like to see deferred or continued or withdrawn? Commissioner Hardemon: Yes. Chair Russell: Commissioner Hardemon. Commissioner Hardemon: Well, so we're in this very gray space regarding the PZ (Planning & Zoning) items, because we don't know whether or not -- well, I think we do know, but it's just a matter of discussion that we will have to have to clam a lot of things on the record about how we move things from the last meeting to this meeting, or from this meeting to the next meeting. So what I'll just do, without going any further into that at the moment, I wanted to say that for PZ.1 and 2 and 3, that I expect to have those items heard on the 28th meeting, so our next meeting, so I'll just state that. Mr. Gonzalez: Correct, sir. That's our understanding, as well. Chair Russell: That will be an action taken at 2 p.m.? Commissioner Hardemon: Correct. Chair Russell: Thank you, Commissioner. Commissioner Carollo: Move. Commissioner Reyes: Second. Commissioner -- Chair Russell: At 2 p.m. Commissioner Carollo. Commissioner Reyes: -- PZ.1, 2, and 3, but we just told the Manager he's got to explain to us each item, so we need to explain it, too. Commissioner Hardemon: Well, I didn't say -- I didn't want him to explain the item to me. What I was saying was that when I write down -- so I have a way of organizing things in my mind. When you say the item needs -- if you say, "RE.9," and you say -- Commissioner Carollo: I understand you. I -- Commissioner Hardemon: "to be" -- defer it -- City of Miami Page 6 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: -- understand. Commissioner Hardemon: I want to see a deferral, withdrawal, I.D. (identification), and then I just go down that list, and I write down what numbers go in those spaces. Commissioner Carollo: But that is a lot helpful to me, a lot more helpful, because even though we've gone through the agenda and we know the items, we don't necessarily remember the numbers, so by the Manager saying that, it makes it a lot easier to keep track, anyway. Chair Russell: Thank you very much. Is there a motion on the order of the day? Jeffrey Bercow: Mr. Chair, may I speak on the deferral? Chair Russell: Yes. Let me just see if we have a motion first, and then -- Commissioner Carollo: There's a motion on the -- Vice Chair Gort: Second. Commissioner Carollo: -- deferral. Chair Russell: A motion and a second on the order of the day. I'll open for public comment on the item at hand, the order of the day. Good morning. Mr. Bercow: Good morning. Jeff Bercow, with the law firm of Bercow Radell Fernandez and Larkin. I'm here on DI.2, the Babylon matter, and actually, I'm not really sure why we're here. I think you need to place this issue in context and consider what's happened to this property in recent years. In April of 2016, the HEP (Historic and Environmental Preservation) Board stopped the issuance of an unsafe structure's demolition order, violating City policy on zoning, and ignoring its own rules. That moratorium lasted for two years, until the City Commission reversed last January. The Planning Director was a co -applicant on a zoning application to up - zone this property in 2014, based upon a scrivener's error. He was a co -applicant. And now he's changed his mind on the current application filed by the owner. This covenant that is before you clearly says that if certain conditions are met, the City Attorney should file an affidavit in the public records, certifying and relieving the property of the restrictions in the covenant. There is no question that the conditions have been met. The covenant should be lifted. We have a zoning verification letter from the Zoning Administrator -- the prior Zoning Administrator. And now, the new Zoning Administrator wants to reverse -- or at least amend that zoning verification letter, based on a mere technicality that won't change the outcome. The City Commission wanted the City -- the City Attorney wanted the City Commission to discuss this issue. We think you should discuss it today. It's been deferred at least three times since January. We ask you to discuss it today, and then direct the City Attorney to comply with the covenant provisions, as she should have done three or four months ago, and execute and record the affidavit that we provided. Thank you. Chair Russell: Thank you very much. Is there any comment from the dais on the item? Yes, Commissioner. Commissioner Carollo: The dais or -- Chair Russell: Oh, we have further public comment on -- which --? Eddy Leal: "D," Item [sic] Number 2, what my fellow colleague here was addressing. City of Miami Page 7 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: So -- and if we could try to stay out of the substance and speak to the deferral part of it is very helpful -- Mr. Leal: Commissioner -- Chair Russell: -- because that's what's on the table. Mr. Leal: -- Russell -- Chairman Russell, that's exactly why I want to address that. My name is Eddy Leal, and we have a number of our neighbors here. I do this because I'm the President of Bayshore Place, and we have been only recently informed about this attempt. We have been discussing it with the property owner, and we ask more time. Everybody likes due process. Everybody likes for an opportunity to be heard and to fully understand the repercussions of this issue. We're planning on meeting with the attorney for the developer on this issue. Hopefully, we'll be planning something next week. We need more time to understand this issue. We have the President of the abutting property and how -- what it affects. I know Commissioner Reyes has been a champion on due process since the beginning, when we were here on the ePlanning. I'm a newcomer here, and what we want is more time to understand this consequence. I know from their perspective, it's a clean-cut, clear-cut issue. We don't think it's that. But we're also trying to work -- to see if we can work hand in hand. Commissioner Carollo, you're right; it is Scarface. It is dirty over there, and it's kind of something that is concerning for us to see our property and the dilapidated condition of that property. You're right; we want to make that better, and we're trying to work with all the stakeholders, but we need more time to do this. And we appreciate the support that the Commission does in order for us to have that time to properly vet it with all the stakeholders. I'm doing this -- Commissioner Carollo: What --? Mr. Leal: -- on my own time, with the assistance of my neighbors. I don't get paid. I don't do any -- I don't get any compensation, and that's all I -- all that we're requesting. So we support having this deferred so we have an opportunity to understand this issue that is very sensitive to all our neighbors. Commissioner Carollo: How much more time do you need? Because I -- Mr. Leal: I think -- Commissioner Carollo: -- remember, this came up last year sometime. Commissioner Reyes: Yes, sir. Commissioner Carollo: It's been at least six months. I don't know how long it's been; maybe more. Mr. Leal: Commissioner, you're -- I can tell you what I have been involved. I know that there was a preliminary meeting, when there was actually proper notice, back in January 24, 2019. We had a meeting where we agreed to have a deferral of the February 28 item. We met with the interested stakeholders on March 5, but we haven't had time to coordinate something with everybody on that issue. So to answer your question, I think that the next time around, in the end of March, might be cutting it close, because I know that there are some travel concerns in getting everybody next week. But if we could have probably not March, but April, it would be sufficient time -- Commissioner Carollo: Okay. City of Miami Page 8 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mr. Leal: -- to get everything -- Commissioner Reyes: You need a month? Mr. Leal: -- the best that we can. I hope that answers your question, Commissioner. But you're -- I think that it's something from back in January, but at that time -- Commissioner Carollo: Well -- Mr. Leal: -- nobody had any notice, because if you look at the agenda -- Commissioner Carollo: -- look -- Mr. Leal: -- it was like cloak and dagger. Melissa Tapanes Llahues: If I may? Commissioner Carollo: -- you're a resident, and even though this has been on the plate for a long, long time, I don't mind giving all of you another 30 days, if that's what it'll take, but it shouldn't go more than 30 days. Mr. Leal: I understand, Commissioner. Commissioner Carollo: So -- Mr. Leal: And we appreciate that. Commissioner Carollo: -- we're at the 14th today of February. So whatever the second meeting in March comes to, that should be the -- Chair Russell: 28th. Commissioner Carollo: Yeah. -- the final date. Commissioner Reyes: I do have a question about this, and you're talking about the process. I mean, the -- I am all for process, but as I do understand, the problem is -- and I have driven by there, and it is an eyesore. It is an eyesore, and that building must -- should be demolished, regardless what they're going to do. I mean, should be demolished, and a new building should be built in its place. Now, how is the process -- I mean, it's not -- does not take place by granting -- What are you asking for? You're just asking for -- Ms. Llahues: Right. So -- good morning. Melissa Tapanes. I'm Jeff Bercow's partner at Bercow. I'm here to respectfully request that this item be heard in this public format. It's simply a discussion item. There is no requirement that this hearing or discussion item even occur. The -- your City Attorney and myself discussed having this as an open discussion item in order so that everyone would know what happened with this covenant. However, it is no -- there's no requirement in the City Code or anywhere else. This item was first before this Commission in December; however, the request to your City Attorney was made in January 2018, prior to the City Commission's vote on the Historic Preservation item. So this has been going on for a year and now three months. The issue is that the building remains -- the building is in poor condition and an unsafe structure because of this constant delay that we have faced from the neighbors, because of the rezoning; that the City was the co -applicant; then the historic preservation moratorium; now it's been four months to just have a discussion in this public format. All we're asking for is to allow the discussion to occur. The City Attorney's action is required by the actions of your predecessors in the 1983 City Commission. So you -- City of Miami Page 9 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: If -- Ms. Tapanes Llahues: -- and I would say one more thing. Mr. Leal: Can I answer your question, please? Ms. Tapanes Llahues: Well, one more thing. Mr. Leal: I want to answer your question. Ms. Tapanes Llahues: We did meet the last -- Mr. Leal: I want to answer your question. Ms. Tapanes Llahues: -- this item was deferred at the last meeting for an opportunity for us to meet. We met. We provided them with all the information, all the explanations at their -- time of their convenience. What they're like -- what they're doing is convoluting the issues of -- back to the zoning application to this issue. We're happy to meet with them next week on the zoning application. That will be before you later this spring. Chair Russell: Thank you. Ms. Tapanes Llahues: Thank you. Commissioner Reyes: Just -- Chair Russell: So I'll recognize Commissioner Gort. Commissioner Reyes: Yes, sir. Chair Russell: Then Commissioner Reyes. Commissioner Reyes: Yes, sir. Vice Chair Gort: I don't know if the people understand. A discussion item, we don't take any action. You just bring more light to the issue. Commissioner Reyes: Yes. Vice Chair Gort: Okay. Chair Russell: So if I could just make it clear that the request for deferral is actually coming from the Administration. And the discussion item -- even though it feels like we're having a discussion item now -- Commissioner Reyes: Yeah. We just -- Chair Russell: -- the actual -- we're not. The actual substance of the discussion goes toward the zoning verification letter that was earlier issued. And so, our City Attorney would need to verify that letter. And I have -- I understand from our current Zoning Administrator, he would like to give better clarification on that letter. I've looked through it. I recognize there may be some issues on it; whether they're technical or substantive remains to be seen. But they're not ready yet to bring this discussion item with solid confidence, and speak on the item to give us the information we need, so that's where it's coming from, really. City of Miami Page 10 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: But let me say this, Chairman: If all that is being asked for is discussion -- Commissioner Reyes: That's right. Commissioner Carollo: -- I think this has been hanging out there long enough, and we can discuss it and then bring it back on the 28th. I have no problem in discussing it and airing out as much as we can. The Administration -- I know we have a new Zoning Director. If he's not fully prepared, you know, he could speak on what he can now. If we have any questions, he could answer what he can now, and then we bring it back on the 28th. But -- Mr. Leal: I -- Chair Russell: Commissioner Reyes. Commissioner Reyes: Yes, sir. Commissioner Carollo: -- out of fairness, I don't mind. Commissioner Reyes: He wants -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- he wants to -- Mr. Leal: I want to -- Chair Russell: Please, sir. Mr. Leal: -- Commissioner -- Commissioner Reyes: Yes. And then I will give you my comments. Yes, sir. Mr. Leal: Commissioner Reyes, I wanted to address the question that you posed. One of the main obstacles that currently the property is in such a terrible condition is because there's an FPL (Florida Power & Light) vault -- Commissioner Reyes: Yes. Mr. Leal: -- and that FPL vault has resulted in significant complications to have the wiring of it, because it affects the neighboring properties, the Commodore, and it has been a delay -- not attributable to anybody, but it's just the nature of construction -- where they're finally -- at least every time I go home, I see that they're doing something, so that is one of the reasons. We've also brought to the property owners the current condition that in a hurricane setting, it would be in bad, bad shape, because there's -- there is enough ammunition to be thrown everywhere to our property. We have made -- they have made assurances that we're going to get that resolved. I want to address the issue about the deferral, Mr. Carollo -- Commissioner Carollo: Yeah. Mr. Leal: -- Commissioner Carollo -- I apologize. Commissioner Carollo: That's fine. Mr. Leal: In order to have a meaningful discussion from our -- so we can assist in this discussion, we would like an opportunity to review, for example, the ordinance City of Miami Page 11 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 at the time, 9500. And unfortunately -- we have an architect -- she's the President of the Emerald -- that is willing to do this. We can't have a meaningful discussion if we don't have an opportunity to do that. Commissioner Carollo: Look, I -- Mr. Leal: And 30 days is not too much to ask. Commissioner Carollo: -- understand what you're saying, but -- Mr. Leal: That's what we're going for. Commissioner Carollo: -- I just don't see what you would be in harm's way on if it's just discussed now. Mr. Leal: If -- Commissioner Carollo: We're still coming back for action on the 28th. Commissioner Reyes: Absolutely. And you're going to discuss it again. Ms. Tapanes Llahues: This is ministerial. Commissioner Reyes: Let me -- hold on a second. Let me get -- You see, I'm all for process and all that, but I think part of the process is to discuss it, you see. And what -- as I understand, a discussion item, we don't take no action. We are just going to be discussing the -- and discussing. Also, I want to know why that vault is not out of there, why it's taking so much. That's part of what I'm going to find out here. Another thing, sir, is that what are you going to learn from this month that you don't know and you haven't done or you haven't find out now? Because I remember that argument, it was a long argument, and you were well prepared for that, and you knew all the -- I mean all -- everything about the Babylon. Now, what else are you going to learn? Mr. Leal: I don't -- Commissioner Reyes: I mean, it's something that -- and we are not going to take any action. We're just going to discuss it. Chair Russell: Commissioner Gort. Vice Chair Gort: Let me tell you why I would like to hear a discussion. Because we're hearing from different parties different things. In here, we're in the open. We're recording everything that's said here, and the statements that made by everyone is recorded, so that's why I would like to have discussion. We're going to postpone it for -- any decision for later on, but I don't mind hearing a discussion. We're already hearing a discussion. Commissioner Reyes: That's right. Mr. Leal: The issue about the discussion is that we did not inform all the stakeholders -- like Point View, that is an interested party -- in that covenant to have it, and because we're not at a time certain, if we had the discussion, we would be prejudiced in the sense that we're having it whenever the Commission allows the agenda to go forward. And we're asking some of our limited residents that are here to join in that, so -- Vice Chair Gort: Change it for time certain; that's it. City of Miami Page 12 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Ms. Tapanes Llahues: This is not a public hearing. Mr. Leal: -- if we could have a time certain for it, and the next time around -- Chair Russell: Thank you. So -- Ms. Tapanes Llahues: It's not a public hearing -- Chair Russell: Thank you very much. Excuse me. Ms. Tapanes Llahues: -- that requires discussion from the public. Chair Russell: The residents who are not here are not here because the item was requested to be deferred by the Administration, so they thought -- that is a very simple request that will be granted, because they are not prepared to discuss the item. I feel uncomfortable of us having discussion where we're asking questions that we need to rely on from our Administration, and we do not have a clarification on the letter. Our City Attorney would have to opine, also, on that letter, and nobody's ready to do that at this point without further study on their side. And so, that's why I -- I'd like to see it moved past. If the will of this Commission is to discuss this today, I'll table it to this afternoon, so any residents who wants to be here -- Commissioner Reyes: Do that. Chair Russell: -- to hear the discussion and be involved can be here. Commissioner Carollo: Is there a motion on the floor right now? Chair Russell: There is a motion and a second to pass the order of the day, as it was discussed, including a deferral on this item. Commissioner Carollo: I will withdraw my motion. Chair Russell: Just a moment. Todd? Todd B. Hannon (City Clerk): You don't have to withdraw your motion. All you have to do is take out DI.2 being deferred, so right now, the motion made by Commissioner Carollo, seconded by Commissioner Reyes, will be to only indefinitely defer RE.9. Commissioner Carollo: Okay, that's fine. Chair Russell: All right. And so, then the motion on the floor is to carry out all the other deferrals that were mentioned. So is there any discussion on those items? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Now, as for DI.3, I would like to table that -- Vice Chair Gort: Time certain. Chair Russell: -- until 2 p.m. so that those who would like to be here for this discussion item can be here. Commissioner Carollo: Can you make it 2:30? City of Miami Page 13 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: Absolutely. Vice Chair Gort: Can you make it the last item to be heard today? Chair Russell: The end of the day? Vice Chair Gort: So they can have all the time. Chair Russell: We can also do that. That's -- makes it a little more difficult -- Commissioner Carollo: I -- Chair Russell: -- for them to plan, but we can do that. Commissioner Carollo: No. I think, Commissioners, that if you're expecting people to come, if we leave it for the last item, who knows when we'll finish today. That might be harder. Is 2:30 acceptable? Mr. Leal: Commissioner, people work. People are out doing their life. I mean, it's very hard for me to be here, because I had a hearing in State Court that I -- Commissioner Carollo: And I understand that. So what -- Mr. Leal: -- it's -- Commissioner Carollo: -- time do you think would be appropriate, then, today? Mr. Leal: After today? Commissioner Carollo: No. Today. Mr. Leal: Oh, I have no idea, Commissioner, because I have many residents that would have been here, but they planned their life. Commissioner Carollo: Well -- Mr. Leal: They're working, they're -- I -- it's very hard for me to give you a time certain. Commissioner Carollo: Commissioners, if what I'm hearing is that it's not going to matter, then we might as well hear it now; if not, then we need to put a time certain for the afternoon; one or the other. But if it's not going to matter if we leave it for the afternoon, let's get it out of the way now then. Chair Russell: It does matter. There are many residents who will be here. Commissioner Carollo: Okay. Chair Russell: They told me this morning, "If it's not getting deferred in the morning, let us know, so we can come in the afternoon." Commissioner Carollo: Then you want to -- 2:30? Judy Santos: Can I speak a second? Vice Chair Gort: 2:30. Chair Russell: You may. City of Miami Page 14 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Ms. Santos: Okay. What I don't understand, if the Administration is not ready and this is going to be a discussion item and they're going to have questions for us, because we wanted a clarification in the zoning decision of the letter, and we do not have that -- that's one of the items -- what is the issue that they had request 30 days to do this? I understand that you're saying it's a few years with this. This is a different item. This item came to light to us in January of this year, and because -- they clarified the address, because it didn't have it before, because we also -- we looked for all the items that pertain to us. So we found out in January 20 -- for the 24 that that was the meeting. So it's not like it's a long time like you said, six months. It's been only two months. So I think that 30 days -- Commissioner Reyes: Through the Chair. Ms. Santos: -- for them to get prepared would be ideal. That's -- Commissioner Reyes: Through the Chair. Chair Russell: Commissioner Reyes. Commissioner Reyes: Yes. I want -- I have a question for the Administration. Why are you not in -- I mean, why you are not ready for it? And another thing that I want - - and I am very honest. You know that I'm very blunt and very straight. You see, what I don't want to do -- I mean I -- and I don't want to be part of delaying tactics, you see; in delaying tactics to try to avoid the inevitable. I mean, this building is going to be demolished, one way or the other, you see. I mean -- and what I don't want it is to -- I mean, I'm not accusing anybody, but I don't want to be part of delaying tactics to try to avoid the inevitable. The sooner that we just turn that -- Right now, there are homeless living in that building. There are people going into that building, you see. There are rats in that building. We're going to -- I mean, just - - it's a life -safety issue. Yesterday, I was talking to a couple of neighbors, and they want that building gone, you see. Now, if -- I want to know -- Ms. Santos: Excuse me? Commissioner Reyes: -- why, because I still don't understand why do we have -- why can't we have discussion on what is going to happen, and why the Administration is not ready. Mr. Manager? Mr. Gonzalez: Thank you, Mr. Commissioner. Our new Zoning Administrator has informed me that he would require further analysis. I'll let him speak for himself but in deference to him -- he's new in his position -- I think a deferral will not make that much of a difference. Commissioner Reyes: Analysis of what? Chair Russell: Thank you. And Mr. Manager, if you could also speak to the demolition. I believe this discussion item does not stop that process; that it is in process. Mr. Leal: That's exactly right, Commissioner. Mr. Gonzalez: Correct. Mr. Leal: There is no -- Chair Russell: And no one is trying to stop the demolition. Mr. Leal: Nobody's trying to stop the demolition, Commissioner. That is still going forward, and we're happy to hear that the electric -- City of Miami Page 15 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Vice Chair Gort: We're discussing. Mr. Leal: -- the FPL contractor is doing that. Chair Russell: We're actually not -- the discussion item itself begins a process. It's a domino that's necessary in the steps for the applicant and having to do with that letter. And if we're not able to discuss the letter -- what we're actually discussing isn't the substance of the discussion item today. I know it's a little confusing, but that's the threshold of what we're speaking about up to that point, and we haven't discussed the actual letter. If the Zoning Administrator would ask -- let us know why you're seeking additional time, and what it would mean for us to discuss that letter at this point before you've made your analysis. Joseph Ruiz (Director): Good morning, Chairman, Commissioners. Joe Ruiz, Office of Zoning. As we discussed, there is a zoning verification letter that was issued by my predecessor. I've done a review of the zoning verification letter. I -- upon my review, I think that that letter requires additional analysis at this time. And I disagree with Mr. Bercow. This analysis is not being done to reverse any opinion. It is done to make sure that the letter is actually correct so that we have -- what is being issued by the City is right and correct. Chair Russell: Thank you. Commissioner Gort. Commissioner Carollo: What was the --? Chair Russell: Commissioner Gort. Commissioner Carollo: I'm sorry. Vice Chair Gort: Let me tell you, just when he made the statement, that's why I want to discuss it. See, we have a sunshine law that -- Tallahassee doesn't do it, but we have to comply it. We cannot talk to each other or ask questions in front of each other. And I keep hearing different things. We have an opinion from the gentleman that was there for 10 years as the Zoning Administrator. He made a decision, he made (UNINTELLIGIBLE). Now we have a different opinion. I want to hear in front of everyone the different opinions here. We're not going to make any decision today. What I want to hear is from our Administration, and we can all ask the question in front of all of us to really get the truth and what's going on. Where are we? Okay? Chair Russell: Thank you. I'm going to table the item for 2:30. Commissioner Carollo: Can -- I need to ask the Zoning Administrator a question. Joe -- Mr. Ruiz: Yes, sir. Commissioner Carollo: -- when did you begin as Zoning Director; what date? Mr. Ruiz: Beginning of Januaiy, sir. Commissioner Carollo: Approximately what date? Mr. Ruiz: I don't recall off the top -- Commissioner Carollo: First week? Mr. Ruiz: Well, actually -- I apologize -- end of Janualy. City of Miami Page 16 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: Oh, the end of January. Mr. Ruiz: Yes, sir. Commissioner Carollo: Okay. All right. So it's been about a month and a half or so. And the learning curve is quite big, so I'm not blaming you if you're not ready. You know, you got a lot on your plate. So I think what you're stating here is truthful. I don't think you're playing any games or anything. Mr. Ruiz: No, sir. Commissioner Carollo: And, you know, when you were the Mayor's Chief of Staff before January, I've always told you that you always acted professionally with me, even during some very trying times during the, you know, campaign. But -- so I -- you know, a month and a half for all that you have there, I could certainly understand why you haven't gotten to this. What is the opinion, however, that your predecessor made? I'm not really familiar with it. Mr. Ruiz: There were two conditions in the Declaration of Restriction that would trigger a release. He weighed in on both of those opinions. Again, on the face of the ZVL (zoning verification letter), I believe there needs to be a deeper analysis done, and I don't even think it needs to be a full month. I'd be happy to turn this around within two weeks for the next Commission meeting. I just want to make sure that's -- Commissioner Carollo: Well, I think we had stated here for the 28th that it will be back, of this month. But, look, I respect what you're telling me. I don't think there's going to be any harm. And it would help me, I think it would help maybe some of the other members of the Commission, to get as much information that we can publicly, and then bring it back on the 28th and see what analysis you've come to that might be different or not from your predecessor, and see what the City Attorney has to say. I'm sure you're both going to work together on this, like we need to in the City, and then we'll deal with it then. But in the meantime, I just don't see what the harm is, you know, to hear on it and talk about it. Mayor Francis Suarez: Mr. Chair? Chair Russell: Mr. Mayor. Mayor Suarez: Yeah, I'd also like a briefing with the Zoning Director and with the City Attorney on this issue, as well. Chair Russell: Thank you very much. So for the moment, we are tabling the item till 2:30 so that anyone else who may have thought it was going to be deferred can make their way to City Hall to listen and participate in the discussion. All right? PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Mayor Francis Suarez: CA.4 through CA.7 ensures our continued commitment to reducing homelessness post-Pottinger. As I have said, the fact that the Federal Government has entrusted us to address our homelessness challenge does not mean that we're going to be any less compassionate. By coordinating feeding and intervention programs, facilitating the replacement of lost I.D.s (identifications), and making motels available for the homeless, CA.4 through CA.7 allows us to tackle homelessness from multiple angles. I often speak about the holistic approach necessary to improve life -- something that Commissioner Hardemon has also imparted in me -- this is part of the -- that holistic approach. Homelessness is not just a law enforcement issue. It is also an issue of humanity and compassion. I am City ofMiarni Page 17 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 proud to see these four items on our agenda today, aimed at prioritizing compassion by allowing our homeless to live with the dignity and respect they deserve. As we work to introduce more programs like these, we will actively assist those who need it most, while simultaneously assuring the safety and peace of our children, adults, and business owners. But as Commissioner Hardemon has always reminded me, reducing poverty and violence isn't just about policing our streets. It's about giving residents -- especially our youth -- an opportunity to succeed. By supporting RE.1 today, we can give even more of our youth the priceless gift of hope through the Liberty City Community Revitalization Trust for the Youth Empowerment Program. This program provides employment opportunities for students currently enrolled in high school, giving them the tools and structure they need to accomplish their goals, and ultimately, to pursue their own pathway to prosperity. This doesn't just change the trajectory of these students' lives; it also changes the dynamic of our City by bridging the economic divide and creating a truly equitable community for economic and professional growth. I want to thank Commissioner Hardemon for sponsoring this resolution, and for his continued leadership in supporting a CRA (Community Redevelopment Agency) expansion to create even more opportunities for the most underserved members of our community. Another factor in improving quality of fife is inclusivity. As a community, we have come a long way in achieving equality, but there is still room for growth. As our City modernizes and progresses in many areas, we must continue to do the same in the way we promote fairness and prohibit discrimination based on sexual orientation and gender identity. There is simply no place for discrimination in the City of Miami. By passing RE.3, we will send a strong message, not just city- and region -wide, but also to the County and to the world that in Miami, you can live freely, peacefully, and without fear of being labeled or discriminated against, regardless of who you are or where you come from. And I would just note on that item that that is a State bill that is sponsored by actually a Republican, interestingly. Thank you. Chair Russell: Thank you, Mr. Mayor. Later... Chair Russell: We're going to move on to the agenda for the day, please. Gentlemen, I'd like to draw your attention just to the CA (consent agenda) and the PH (public hearing) agendas. Is there anything you'd like to pull out for discussion or separate vote from the CA and PH agendas? Commissioner Hardemon: Before we move forward, don't we have a PA (personal appearance) item? Chair Russell: We do. Would you like to take that before the -- Commissioner Hardemon: Yes. Let's try to -- Chair Russell: -- final order of the day? Absolutely. We have a personal appearance of those residents and business owners living around La Placita in the Upper Eastside. Do we have representatives of --? Please approach the lecterns. Unidentified Speaker: I have a video. We have a video. Commissioner Hardemon: You have a video? IT (Information Technology), I believe they have a video. Is it queued up, or do you have a laptop, or how is it --? Unidentified Speaker: You guys have the laptop, and you're going to play it. Commissioner Hardemon: We have a laptop with it on? Is there a laptop for their video? City of Miami Page 18 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Unidentified Speaker: We did a trial run already. Commissioner Hardemon: Excuse me? Unidentified Speaker: We already tried it out, and they said they would come down and hook it up. Commissioner Hardemon: Was it IT, or was it someone --? Unidentified Speaker: Yeah, IT. Commissioner Hardemon: Okay. So we have to wait on IT. And -- Chair Russell: They need to work on that a little bit, while they're getting that together? While they're -- Commissioner Hardemon: (UNINTELLIGIBLE). Chair Russell: -- while you're doing that, could I indulge for just one moment? Ms. Solares? Grace, I know you're on a time schedule, and you wanted to make public comment on one of the items of the morning's agenda; is that correct? Grace Solares: Yes, sir. Chair Russell: So while they're preparing their IT, if it's all right with the body, I would just like to -- Vice Chair Gort: Go right ahead. Chair Russell: You're making public comment on the morning's agenda, correct? Ms. Solares: On the -- FR.3, I believe it is; is the issue with respect to the doing away with the five-day rule. Chair Russell: Yes. Ms. Solares: Right. Totally oppose it. Grace Solares, Miami Neighborhoods United, talking on this issue. But before I do that, I heard that there is an -- I got to read from Section 2-33 that says -- which is part of your amendments on this one, as well. But it says, "Non-scheduled pocket items may be introduced for consideration at a City Commission meeting by the Mayor, Commissioners, City Manager, City Attorney, provided that the City Commission unanimously deems such resolution or ordinance to be of an emergency nature." It's right here. This is the law of the City right now. So if they're going to be taking pocket items, there's got to be a unanimous finding of emergency with respect to pocket items. Commissioner Carollo: Where is --? Ms. Solares: I just read from 2-33. Victoria Mendez (City Attorney): Yes. And -- Ms. Solares: I believe -- Ms. Mendez: -- because of that, we usually place a "whereas" in the legislation that's passed, and that covers it. If this one did not have it, then it was an oversight, but usually, in order to comply with that, we put it. City of Miami Page 19 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Ms. Solares: I just want to make certain that, since you're the City Attorney, you make certain that this Commission follows the Charter and the Code. Now, with respect to the amendments that are coming before you, I think this ought not to be. It has worked wonderfully throughout all the many years. I remember many years ago -- if I do have a little bit of time -- many years ago, when Commissioner -- Commissioner Reyes: Plummer? Ms. Solares: -- when Commissioner -- the one who was arrested. Chair Russell: Can you narrow it down, please? Ms. Solares: The one who was arrested. Johnny Winton made a last-minute motion to raise the salary of the Mayor of the City of Miami. Commissioner Carollo: Grace, why are you picking on Winton? Commissioner Reyes: Why are you picking on him? Ms. Solares: Picking what? Commissioner Carollo: Why are you picking on Winton? Ms. Solares: I'm picking on Winton because he made that motion without anybody knowing -- Commissioner Carollo: Yeah, but he only had a misdemeanor. Ms. Solares: -- at the last minute. Commissioner Carollo: Pick at least one that had a felony. Ms. Solares: Now, this is not a good thing for the City; it's not, and I'm asking you not to do it. The changes that you have here says that, "Unless the rule is suspended by majority of the vote of the Commissioners present." Sometimes there are only three of you here. So you mean to tell me that two of you are going to rule what happened in the City? It's really dangerous if we go down this path. I ask you, please, to leave it as is, and work with each other the way that it should be. And I have to ask Commissioner -- and I have to tell and commend Commissioner Gort, because I was watching from my house, and at the end of the last Commission meeting that -- when this was a circus, Commissioner Gort got the control of the Commission, and very softly and gently let you -- the rest of you to actually go ahead and reschedule things for today. So, Commissioner Gort -- Commissioner Reyes: Commissioner Gort? Ms. Solares: -- I congratulate you for the decorum -- Chair Russell: Thank you, Grace. Commissioner Reyes: I have a question for you, Grace. Chair Russell: Thank you, grace. Ms. Solares: -- that you brought to the City of Miami. Chair Russell: Thank you, Grace. City of Miami Page 20 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: Grace, I have a question -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- for you. You have anything against my pocket item or you - - or is it out of place, or -- according to you? Ms. Solares: Well, she is right here. Ms. Mendez: I -- Ms. Solares: I just read from the Code. You're trying to change that one, as well, in this (UNINTELLIGIBLE). Commissioner Reyes: No, I'm not changing anything. I'm just presenting a pocket item; that's it. Ms. Solares: I understand. Commissioner Reyes: If it is against the rules, I'll just bring it up whenever it is within the rule. Ms. Solares: I just read that the pocket item has to be decided by this Commission as being a -- Commissioner Reyes: Okay. That's -- Ms. Solares: -- an emergency. Commissioner Reyes: -- what I'll do. If they don't want it, I will withdraw it. Ms. Mendez: I -- Chair Russell: Thank you, Grace. Commissioner Reyes: And that's it. Chair Russell: Thank you. Ms. Mendez: It'll have a "whereas" that appropriately addresses what Ms. Solares is mentioning; that it has to be deemed by the Commission when you pass it as an emergency. Commissioner Reyes: You see, I'm bringing it -- Ms. Mendez: You're amending it now. Commissioner Reyes: -- today, because less -- there's a session -- Ms. Mendez: Yes. Commissioner Reyes: -- going on in Tallahassee. Ms. Mendez: And you're correct. You're absolutely correct and -- Commissioner Reyes: You see, and it will be -- I mean, in 60 days, it will -- Chair Russell: (UNINTELLIGIBLE) understood. City of Miami Page 21 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: Okay. Chair Russell: Thank you. Commissioner Carollo: I'm confused. I just heard Grace in something, and I thought we were going to be hearing PA.1. Chair Russell: Yes. They were having technical difficulties -- Commissioner Carollo: Oh, okay. Chair Russell: -- so during the intermission of their -- Commissioner Carollo: All right. Chair Russell: -- preparations, Grace had to leave, so she asked if she could speak. Commissioner Carollo: Okay. Later... Chair Russell: If I may, please. Public Comment is about to open, and here's how we're going to do this: Anyone who is here to speak on any of this morning's items -- that's the consent agenda; that's the personal appearance; that's the public hearing items; the resolutions, and the ordinances -- if you're here to speak on any of those items, please line up at the two lecterns. And I'd like to remind you, this is not a hearing in -- a Code hearing. You are here to give your side -- you can say whatever you like, but I would not like a back and forth between residents. And I'd like to ask that the Commission treat -- please try to refrain from asking or interrogating the businesses, because these -- I don't want this to create any false assumption of what may or may not be happening at the restaurant. We have an Administration; that's their job. If there's been any success for you here -- you've had a 40-minute commercial for how popular your restaurant is and how much traffic is going there, so be thankful with that. Please proceed with your public comment. Everyone please line up at either lectern, so we can get a sense of how much public comment we're going to have. You're going to say your name; you may say where you live, if you'd like; and you have two minutes, which will be on the clock. You'll hear a buzzer at the 30-second point. That's your moment to starting wrapping it up, please, so that when you hear the next buzzer, you'll be finished, and we won't have to interrupt what you're saying, because I really want you to be able to get out your full sentiment. So with that being said, we'll open public comment, and we will alternate both sides, please. Joey Cancel: Thank you, Mr. Chair. Could we allow the other two Commissioners to come back? Or I can cede my place to the gentleman, so he can continue with his arguments? And I will wait for this -- Commissioner Hardemon: No. They can hear you. Chair Russell: They -- we have speakers in the offices -- Mr. Cancel: Okay, perfect. Chair Russell: -- as well as the bathrooms. So -- Mr. Cancel: As well as the bathroom. Well, so thank you very much, Mr. Chair and the Commissioners. Finally, I got the chance to -- not to blow up, because I was really enthusiased [sic] of having our part in here. Allow me to introduce myself. City of Miami Page 22 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 My name is Joey Cancel. I'm the President of the holding companies that holds La Placita and the Potbelly Sushi Group. As a matter of fact, yesterday was the proclamation of the Potbelly Group in Miami, thanks to Mayor Matty Bauer that in March 13, 2013 got -- allowed that Potbelly Group Day to the City. So I'm a 16 year of banking, commercial banking, specialized in SBA (Small Business Administration) lending, and I was appointed on 2013 by the Honorable Governor of Puerto Rico, Alejandro Garcia Padilla, as the President of the Economic Development Bank. So my commitment with economic development is still intact, and continues with all these businesses that we are deploying. Now, we have learned that today, it's a two- way situation, two-way street. One, we now learned this situation about the neighbors asking the City to manage an alternative to ease the traffic and everything that they need as neighbors. We want to set the record straight. We are all in for the City's plan on getting alternatives for the street and the neighbors. So when it comes to getting -- close the street or get a new signage, one-way, two ways, you decide; you're the experts. We're not into that business. So anything that you decide as a city, we're going to vote against it. We're not against -- (UNINTELLIGIBLE), not against it. Second, this Code violation thing, I want to set the record straight. We have been bombarded by Code violations notices and visits, and I would like the Commissioners to consider bringing here the officers that were present by those Code calls. They were the ones telling us, "We are closing this Code violation, because it's unfounded"; unfounded, like in a Saturday, someone called, stating that the music was too loud. And you know what? The business wasn't even open, because it was before January 1. So a bunch of those are closed. And then, if I may, these three -- Chair Russell: Please, to close up. Thank you. Mr. Cancel: Yes. These four things must be addressed: Number one, the sidewalk cafe. That is part of the alternative. I'm here to bring alternatives. If we want to move the music or the loudness of the people to the Biscayne Boulevard, then we need a commitment on getting that cafe -- sidewalk cafe permit expedited. The music -- yeah, let's bring the music and the people to the boulevard. We don't have a problem with that. But we need -- not the neighbors to be -- Chair Russell: Thank you very much. Mr. Cancel: -- against that, and -- Chair Russell: Please. Mr. Cancel: -- last, but not least -- Chair Russell: Your partner can continue. Mr. Cancel: Yeah, but this is so important. This barbecue thing, that was a preparation for another event outside of premises. We're not barbecuing there. It's these -- Chair Russell: Please, we're not asking for you to defend each point. Mr. Cancel: I know. Chair Russell: This is not a Code Compliance hearing. There is a venue for this. Mr. Cancel: Chair, if you mind, if you mind. They presented a whole video. Can we present our case? Chair Russell: No. City of Miami Page 23 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Hardemon: No. Chair Russell: That's not what this body is for. Mr. Cancel: Okay. Chair Russell: This is not a Code Compliance body. Mr. Cancel: I know. I'm talking about the accusation of breaking a Code that wasn't -- that doesn't happen. Chair Russell: Thank you. Mr. Cancel: And that's part of the -- Chair Russell: Thank you. You made your point. I do hear you. Mr. Cancel: Okay. Thank you so much. Chair Russell: Thank you very much. Commissioner Carollo: For the record, Chairman, let me just add something. The case numbers that I have here that are closed, they had to have taken some action for them to have closed them; not that they just went there and saw that there was nothing; otherwise, that would not have a case number. So I just want to put that on the record. And again, all that I want to make sure is -- and I think you guys want to, because this is your first project in the City. So -- Mr. Cancel: No, not at all. Commissioner Carollo: Okay. Unidentified Speaker: Sixth. Commissioner Carollo: Sixth, okay. Well, hopefully, in the others, you don't have any Code violations. But on this one -- and I don't say that facetiously, because I don't know you guys. But my concern is individuals that have gotten used to violating the Code in place after place after place that they have. And all that I want to make sure is that you guys succeed; that the neighbors keep their quality of life; and that the City enforces its laws, and I think you want to comply with them. Chair Russell: Thank you, Commissioner. We need to move on. I'd like to refrain from having a back and forth with each public comment. I would love to have us just allow the public to present; two minutes, though. You have a limit of two minutes to speak to this body at this point. Thank you very much. Horacio. Horacio Stuart Aguirre: Chairman Russell, Vice Chairman Gort, thank you very much. Horacio Stuart Aguirre, standing before you as Chairman of the Miami River Commission. Commissioner Eileen Higgins was here also, and she was standing, waiting in line, and hoping to speak in support of all Florida Inland Navigation District requests that are before you today; in strong support. And I do, too. I gave you a letter earlier this morning. The Miami River Commission strongly encourages you; requests that you apply to the Florida Inland Navigation District and request the 50/50 matching funds grant for the riverwalk and the desperately, urgently needed new seawall for Sewell Park, which is in District 1, in Allapattah, on the south side of the river, immediately west of the 17th Avenue Bridge; one of the favorites for Commissioner Willy Gort; one of the fines City parks in all of Miami, and in desperate need of a seawall; there is none today. When we have king tides, City of Miami Page 24 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 high tides, full moons, half of the park floods with brackish water, destroying the park. Thank you, sir. Chair Russell: Thank you, Horacio. Sir. Frances Colon: Good morning. Thank you, Chairman. Thank you, Commissioners. My name is Frances Colon. I'm a residents of 453 Northeast 68th Street, two blocks from the business on the west side of the boulevard. I'm also the Vice President of Puerto Rican Leadership Council of South Florida, an umbrella organization that comprises 13 organizations and over 8,000 members. As a resident, I am here to convey my observations of the positive economic impact to the neighborhood, my district, from La Placita. It's an area that has gradually revitalized, with good food and gathering options, and La Placita has just enhanced that even more. It has provided jobs and dynamism. There's lines to get into this restaurant from morning to night, or when it's open. Families, couples, children, all age groups come from everywhere in South Florida, because they're very proud of what this business represents for our community. That's economic development for my district and my neighbor. As Vice President of the Puerto Rican Leadership Council, a member (UNINTELLIGIBLE) rival of La Placita, as a logical conclusion of the years of integration of the Puerto Rican community into the fabric of the City of Miami, and we're very proud of it, and we support it. So I am here to express my support of La Placita on behalf of our members and as a resident that benefits directly. I encourage all parties involved in this to come to an agreement that is fair and benefits all, and I have seen a lot of evidence that that can be done here today, so thank you. Vice Chair Gort: Thank you. You're recognized. Luis de Rosa: I'll be real brief because -- I'm Luis de Rosa, with the Puerto Rican Chamber. But I agree. From what I see, some of the discussions that's being held today, I think it's only right as a homeowner, because I'm a homeowner also, and I wouldn't want those type of infringements. And I think Manolo mentioned that -- Commissioner Reyes -- I'm sorry -- mentioned that -- Commissioner Reyes: I'm still Manolo. Mr. de Rosa: He's still Manolo. Commissioner Reyes: I'm still Manolo. Mr. de Rosa: His grandmother is from Cabo Rojo, I think, in Puerto Rico, right? Commissioner Reyes: Cabo Rojo. Mr. de Rosa: And I believe that -- and I hope that a meeting of the minds can come together. They have a right to exist as a business. They're creating jobs. They got about 50 people working there, Commissioner Carollo. Imagine that, paying jobs, creating opportunities, paying taxes, and that's very important. But I do see the opportunity, and I'm happy to say that somehow, the meeting of the minds can come together and work on an arrangement where both sides can win, and that's what I'm here; to lend that support. Vice Chair Gort: Teamwork. Chair Russell: Thank you very much. Next speaker. Roy Hardemon: Thank you, Chairman. Chairman, Commission, I just want to thank you all -- especially the Mayor -- for not allowing the hard work of the State Rep to City of Miami Page 25 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 go in vain by intercepting and bringing before you all RE.2, Poinciana Industrial Park, to create over a thousand jobs. And, you know, I'm just delighted to be here. I also see RE.1 for Liberty City that's bringing more jobs. You want to stop gun violence? Create the jobs. And I think what you all doing, it's -- it have to be commended, and I do commend each and every one of y'all. Nephew, thank you. Thank you all. Susana Baker: Thank you, Chairman Russell and all the Commissioners here. I'm Susana Baker, and I'm here in support of La Placita, but I definitely understand. I live in the Design District, and I remember when the Condominiums Blue were going up, and the businesses were going up, and we were used to just walking in the middle of the street. There was a lot of concerns for when we live in the City of Miami, when new businesses flourish, and those that become popular flourish even more so, there's that concern of that quietness that we want, but there has to be a meeting of the minds, and I'm here working with the owners of La Placita for that, because there has to be a bridge. One of the things that La Placita brings is a lot of excitement and a buzz to the area versus all the empty storefronts, which also causes our homes to go down. And so, as these businesses come in -- like La Placita -- I went in to do a survey to just see what kind of people went to visit La Placita. And in that survey -- for this weekend, I did over 500 surveys. I have to tell you, three out of five people never been to MiMo (Miami Modern). They've never been there, and they want to go back. They were in love with your beautiful neighborhood and what it offered. And I think that if we could find the right meeting of the mind between the business owners -- which means, and we have discussed, putting people like runners, like food expediters, runners for the parking, so if our lots get too filled, they could immediately tell them, "Lot is filled; go this way." There's a lot of things, even acrylic soundboards. Until they get the event parking -- the event for the soundboard, which is important to get that cafe sidewalk, they don't mind putting the music on the other side. There's a lot of things we could do, but we need your help, as well. And I am in support for flourishing business. I think this City is about diversity, and I know you guys -- everybody is here for everyone to succeed. And I do love MiMo, and I respect what you're saying. Thank you. Chair Russell: Thank you. Mr. Cruz. Elvis Cruz: Thank you, Commissioner. Elvis Cruz, 631 Northeast 57th Street. I'm here to speak on two separate items today. The first one, CA.12, is a proposed waiver for the special event at Lemon City Studios during Ultra Weekend, the 30th and 31st of March. Please know that at last night's Morningside Civic Association Board meeting, we passed a resolution in opposition to this noise ordinance waiver. This waiver would allow 24-hour-a-day loud music for two days straight. That's 48 hours of loud music. By coincidence, we've just heard a number of speakers complaining about an issue with loud music in a neighborhood already. This location of this proposed ordinance waiver has already a history of many violations. You're going to hear more about that from James Cruz, behind me. I would urge you to not allow that waiver; moreover, I would urge you to, as the young lady said earlier, amend the City Code to empower every Miami police officer to enforce the City Code. They should not have to wait at 3 in the morning for a Code officer to show up to enforce the noise ordinance. There's only one officer that works overnight, covering the whole City. The noise ordinance should be enforced automatically. Every officer with ears can enforce it the way the rule is written. You should empower them to allow them to do so. The second item I'm going to speak of is FR.3, which is the proposed change to the five-day rule and pocket items. I would urge you to not change that legislation, that part of the Charter. Why? Because that's an important part of our system of checks and balances. All sorts of mischief can happen if you change that. The way it is now, that it must be unanimous, is a very important part to prevent abuses and protect the public interest. I urge you to please keep it the way it is on that five-day rule and pocket items. Thank you. City of Miami Page 26 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: Thank you very much. Sir. Zolio Alberto Lopez: Good afternoon. My name is Zolio Alberto Lopez. I don't work -- Chair Russell: Could you pull the microphone up a little bit? Mr. Lopez: My name is Zolio Alberto Lopez. I represent the Puerto Rican Chamber of Commerce. I don't work for La Placita, but I here just to help our flag stay there. And first of all, I want to say thank you to the Police Department. They were so (UNINTELLIGIBLE) and humble people, that they do good for them and for us. December 27, that's the day that we start building the flag. It was done about in 12 hours, more or less, by an expert; a real artist from Puerto Rico. It's not the first flag that he put. This is the 39th flag that this artist put, and this is the first one outside from Puerto Rico; that's why it's very special for us. And Puerto Rican is everywhere. I saw people that came from Fort Myers, Tampa, to this place, La Placita, to see what they can have for us, the Puerto Rican. And if you have anything that can expedite or get into resolution together, we're able to do that, I think this is the best thing for everybody; talking to each other to see how we can solve our issue, each one. Thank you. Chair Russell: Thank you. James Kruse: James Kruse, 490 Northeast 73rd Street. I have been at the Lemon City Studio situation since September. We have had just reiterating problems all the time; very similar to what the restaurant issue is. Paraphrasing the Chapter 31 and Section 36-5, it has to be contained. The music has to be contained within the venue. And for some reason, this Kimberly de Monte seems to have an issue where she can just do whatever she thinks she can do. So this resolution of 5563, again, I'm opposed to that. We have been dealing with this ongoing, and it's from 10 o'clock until 6 in the morning that we listen to this loud, pounding, horrible music when we are trying to sleep, as residents, and it has really put a damper on even thinking that I want to continue being a resident of Miami. And I have been here since 2002. So I am saying to -- and these special events and going back to Code Enforcement. And as Elvis just mentioned, we have to be proactive with the officers and make sure that things are taken care of. I actually had a meeting set up with everybody involved about this Lemon City, and it was on March 5, and Major Simons and many of the other police officers were very receptive, and were there. But on a -- note that the special events permits were not registered for this venue. Thank you. Chair Russell: Thank you. Mae Christian: Good afternoon. To the Chair, to the Mayor and the Commissioners, my name is Dr. Mae Christian, and I am a citizen of the City of Miami. I live at 4824 Northwest 15th Court, Miami, Florida 33142. I'm here to support RE.2, the Poinciana Project. This project -- in 1980, after the riots -- was funded over $112 million, and the money disappeared. The community in the City of Miami that I reside in, we need your help, and we welcome the opportunity for you to help us bring the $2 million from the State of Florida to the City of Miami for the Poinciana Project that will bring jobs into people's hands as opposed to guns for gun violence. We thank you very much for this resolution, and we support it. Thank you. Chair Russell: Thank you. Sir. Harry Reese: Good morning, Commissioners, Chairs, and the Mayor. My name is Harry Reese, President, CEO (Chief Executive Officer) of Jesus Christ City of Miami Page 27 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Archangelngels at Liberty Square, Inc. I have two items I want to discuss and ask for your support. Chair Russell: Quiet in the chambers, please. Mr. Reese: One is the -- Chair Russell: Please, if you have conversations, please take them outside. Thank you. Mr. Reese: -- Liberty City Trust Program. I ask that you fund that program and support it, because at Liberty Square, where I do my program at, I have seen a difference over the years that gang members and high -risk kids turn they life around by working. I have seen guys that used to shoot on the corner start working to turn they life around. I have not yet seen a gang member say, "I'm going to shoot you at 12 o'clock when I get off work." It doesn't happen like that, because once these kids start working, their whole mindset change. So please keep that in mind; to try to support the Liberty City Trust Program that's making a big difference in the community. The other one that's number -- the Poinciana Industrial Park, she just said it. It's about empowering the community. If you want to stop violence, empower your community. And that's all races; black, white, Latin. Everybody start working and getting jobs, and that's what I ask. Thank you very much. Chair Russell: Thank you very much. Mariella Lopez d'Albert: Hi. Mariella Lopez from 661 Northeast 68th Street. I am - - I consider myself a resident, not only of my street, but as well, of Lemon City, MiMo, and the Design District. I agree that waivers to noise ordinance should not be granted, period. We are human beings. We need to sleep. And again, it's all about quality of life. I understand that the district is growing very rapidly, and I know that people are very interested, as the space in Miami is shrinking more and more each day. Unfortunately, we don't have enough roads. We don't have enough infrastructure going on, which is something that needs to be addressed, as well as rent control. But most of -- mostly, I agree with the gentlemens [sic] and the people around Lemon City. We need to find a way -- Chair Russell: Once again, please, there are people -- I'm sorry, ma'am. Ms. Lopez d'Albert: Right. Chair Russell: And it's a little rude to you. There are people speaking at full volume in the chamber. I'd like to ask you to please step outside. Thank you so much. Ms. Lopez d'Albert: We need to find a way that we embellish [sic] development with the quality of life, of residential living, and that one thing has to do -- one thing doesn't have to do with the other one; it's to live side by side and to respect one another. Thank you. Chair Russell: Thank you. Sir. Allen Hardemon: Thank you. My name is Al Hardemon; my address, 655 Northwest 48th Street. And I'm here as a proponent for the FE.2 [sic], Poinciana grant, hopefully. Yes, same DNA (deoxyribonucleic acid), same mother and father, the Hardemons. But I'd like to also acknowledge Commissioner Reyes, but I -- we -- in the hood, we call him back in the day, "Mano," because why? This was the first one I seen in the hood by his self at night. So don't sleep on this guy right here. He's a -- he's tough as they come when it come to the hood. Right there. City of Miami Page 28 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: What did you call him? Mr. Hardemon: "Mano." Chair Russell: Mano. Mr. Hardemon: Yeah, bad man. Unidentified Speaker: (UNINTELLIGIBLE). Mr. Hardemon: No, no, no. I said, "Mano." You're too young for this here. We talking 'bout back in the day. So I'm here to express thankfulness; that the Mayor would move forward; and the Commission, hopefully, will support Poinciana being allocated those funds. And y'all doing a great job. Please keep it up. Chair Russell: Thank you very much. Commissioner Reyes: Take care, man. Mr. Hardeman: Oh, yeah. Karen DeFreze: Karen DeFreze, 635 Northeast 68th Street. Just wanted a quick comment on CA.12, the abortion of the noise ordinance in Lemon City. I can hear the club music from my house, and I have really bad hearing, believe it or not. But -- so I'm a human being that really likes to sleep. And if we're not able to sleep for that weekend, I'm just wondering what alternative plans are in store. Maybe you guys are going to house us in a hotel somewhere else. Perhaps we should start thinking about that. Thank you. Chair Russell: Thank you. Renita Holmes: Good morning, Mr. Chair and Board. It was me, "Hermano." Okay? (Comments in Spanish not translated). I mean, thank you very much. I'm Madam Renita Holmes, Executive Director of Waive of Women in Public Housing, Education, Finance, and Development, as well as Our Homes, Opportunities for United Restoration of our Homes. I'm here in regards to three items, very quickly. Agenda Item CA.3: I am pleased to know that we now have no discrimination based on pronouns and nouns or verbiage, but I do look at disparity quite often. As a former member of the Commission on the Status of Women, I am dreadfully concerned during Women History Month that we are not elevating in this sister city the image, the culture, empowerment -- particularly the financial empowerment of women. I focus on African American and inner-city women, because it's a city, and when I spend time down at the County and I hear about programs for men and boys, I want to hear equally so the program for women and girls, particularly when it comes to STEM (Science, Technology, Engineering, Mathematics). I see reference to STEM projects, but they leave out the real -- I guess you could say "aspirations" in it, Commissioner. We're a sister city. And I talked last week about have nots and have lots. Now, I want to talk about harlots, because women in public housing are the major mothers (UNINTELLIGIBLE) poverty and working women and immigrant women and just hard-working single mothers -- and single dads, too -- that live in public housing, but have no social and wraparound services. So on PH.1, 2, and 3, where there is no fairness in the -- but trust in your judgment, Mr. City Manager, for non-competitive bids. I want to be able to access resources. And so, I close on "F." Poinciana Park is a place where many travel through. We're just beginning to get our trolley. I need that trolley to go through and hook up to this hub, because we know that everybody from every other city stops right there in the model hub, and your efforts I applaud to make sure we get that. We're now doing a new industry of STEM and STEAM. Women are traveling that way around and we have no route. City of Miami Page 29 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 But that hub is a center point, a safe point, and a health point. But with respect to your time, I'll continue to work. I will fully support you assisting us for the economic opportunity and Department of Economic Opportunity to put something exactly where it is, without competitive bidding, to show us the full support and have something that has an impact on impoverished mothers, the children, and family, and to put it in a neighborhood, in a community that have already been through the storm, been torn down; it's now being builded [sic] up. I'll close with this: The County is doing what it's doing with the FEMA (Federal Emergency Management Agency) monies and all that in Poinciana. It's building its rails. Put something right back there and make it fair for the people subsidized. Let's have that partnership. This is just a nip in the bud for us. And Luke, with that, I hope that you'll follow up, since you've got the full attention of it. You love women, and nasty as I want to be, I've been pretty nice. Now, I'm going to go. Chair Russell: And with that, thank you, Madam Renita Holmes. Next speaker, please. Luther Campbell: Thank you. Good after -- good evening -- well, afternoon. Vice Chair Gort: Afternoon. Mr. Campbell: Yeah. I started out 9 o'clock in the morning, but it's all right. Hey, Commissioner -- Chairman, Commissioners, I'm here on Item CA.2; CA.2, for Charles Hadley Park. Chair Russell: And you are? Mr. Campbell: My name is Luther Campbell. I'm sorry. My -- Liberty City Optimist, President and co-founder of the program, and CA.2 is to actually help build, you know, a turf football field at Charles Hadley Park; you know, a park where the fields have never been renovated for the last 60 years. If you go out there, that same fence is the same fence that has been there over 40 years. And so, this item here and this -- these turf fields, which is what we need, you know, right now, especially with the weather. And now that the guys over at Melreese is not here no more to manicure and pedicure our fields, you know, we definitely need these turf fields. So, you know, hopefully, you know, the board approves it, and it'll do the right thing for the kids and the community. Vice Chair Gort: They're not doing your fields anymore? Mr. Campbell: Excuse me? Vice Chair Gort: The people that do your fields, they don't do it anymore? Mr. Campbell: No, they don't do it anymore. Vice Chair Gort: Okay. Mr. Campbell: No more maintenance, no more free golf carts for us. You know, we Vice Chair Gort: Okay. Mr. Campbell: -- just -- we got cut off. Vice Chair Gort: Thanks. We'll check on that. Mr. Campbell: Okay. Thank you. City of Miami Page 30 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: Yeah. Vice Chair Gort: I'm sure Commissioner Edmonson would like to check on that, too. Mr. Campbell: Thank you, Commissioner. Chair Russell: Thank you, sir. Mr. Dotson. Al Dotson: First, name is Al Dotson, with Bilzen Sumberg, 1450 Brickell Avenue, and I'm offended that you did not ask to take a selfie with me, Mr. Chairman, but I'll go ahead with my comments on Item D3, regarding -- it's a discussion item concerning marinas. As you consider what you're going to do with other marinas, we just wanted to make sure that you remember the history of the Virginia Key Marina process; the fact that you sent something out to bid once; threw out all bids; sent it out to bid a second time; the losing bidder lost twice; lost once in court; lost twice in court; lost three times in court. The last time we were here, you were asked to delay this until after they had an opportunity to appeal again to the Third DCA (District Court of Appeal) for rehearing. They obviously didn't believe in their case. They did not ask the Third DCA to appeal, and tomorrow is their last deadline to appeal to the Florida Supreme Court. We hope that after tomorrow, we will see exactly how this Commission wants to move forward, because it's important to understand something. When you set this process in place, the Evaluation Committee said, "They're not qualified." Two City Managers said, "They're not qualified." The only -- all courts have said, there's not a single argument they've made that deserves to be heard. The only thing standing between a redeveloped Virginia Key Beach -- a redeveloped Virginia Key Marina is the Commission. When the citizens ask themselves, "Why are fees going up? Why this revenue is not coming in?" the only thing standing between redevelopment at Virginia Key Marina is the Commission. Thank you very much. Chair Russell: Thank you very much. Mr. Rattner, good morning. Sherman Rattner: Sherman Rattner, 1809 Brickell Avenue. I'm -- like to talk to you about respect. FR.3 and FR.4, we all know what took place at the last meeting. And a couple of weeks ago, I had the privilege of teaching seniors a class in affordable housing, and I was impressed with how much they were paying attention to what's going on here. And they saw that meeting, and they were appalled at what they saw. The lack of respect among all of you between each other, with staff, with the public, with people who have worked in communities for 30 years; with young lawyers, volunteering their time, shamed them. It was a very dark day for this body. There is now a proposal to change some rules that took place then. And I understand people get caught up in a project, it becomes very important, but we were talking about a billion -dollar project that's going to have profound effects on that community for decades to come. What those young students saw was a developer walking in, dropping $30 million in cash on the table; and without any notice to the people of that community, walking out. And there was a rush to judgment that never should have happened. People have a right to know. And as we have found out, these measures, which enable this body to slow down the process so there can be due deliberation on important issues, this will destroy that, because this measure, as it is now, saved you from a very embarrassing situation, and we all know the measure. Chair Russell: Thank you. Mr. Rattner: And one final point, if I may? A shameful thing happened, because after the meeting happened -- Chair Russell: Thank you, Mr. Rattner. City of Miami Page 31 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mr. Rattner: Thank you. Chair Russell: Next speaker, please. Samuel Latimore: Good afternoon. My name is Samuel Latimore. I live at 937 Northwest 55th Street, Miami, Florida, and have lived there for a number of years. I'm a former Superintendent of Dade Regional Detention Center, Assistant Director of the School of Justice and Safety Administration, Police Corrections Academy. I'm also President of the Hadley Neighborhood Association, and a research professor with the Urban Neighborhood Environmental Justice Department. I'm here for three reasons, and one of those is support the -- of the Hadley Park turf renovations. I shared with Kevin a long time ago, and his staff that parks saves lives. We have it as a part of our agenda, and I firmly believe that, having worked with young folks for most of my career; parks save lives. I also would like to support the monies that are being allocated to the Liberty City Trust issue. When I worked with the group last year, I was amazed at the number of young folk who want to do a day's work, and we were contacted about it, so I really appreciate you doing that, and keeping our kids working, busy, and learning the principles. And lastly, the Poinciana Park Project. I do support that. I've been watching that for a while, and I appreciate you all's support on all three things. Thank you, and have the best day possible. Chair Russell: Thank you very much. We'll be closing public comment, and so that no one can say we don't do any work before lunch -- Commissioner Hardemon: We have one more. Chair Russell: Oh, hello. Vice Chair Gort: Yeah, we can make a motion. Commissioner Hardemon: I can make a motion, yeah. Brenda Betancourt: Good afternoon, since it's not morning anymore. Brenda Betancourt, 1436 Southwest 6th Street. My concern is about FR.3 and FR.4, as well as the gentleman that's -- before stated. There are a lot of things that are happening in the City, and we expect from the five Commissioners, the Mayor and the City Manager, and staff that you guys try to see if the personal feelings are not conducted with the municipal activities. We are -- most of us are Hispanic, and we are -- a lot emotion comes through a lot of our comments, and sometimes, that's part of who we are. But we expect -- I hope that these changes are not going to be to interrupt or to try to just pass things that they are not agreeable in the five -- of the Commissioners' view, because that's the reason why we have five Commissioner for each district, because if -- every one of you represent us, and we expect the full conscience that when you do the vote in those seats, you are doing it for the best of your residents; not for the best of the pocket of other people, or whoever it is involved in those transactions, because sometimes, that's what it happen. And we might not say it out loud, but everybody knows it. So to me, the concern is about the Code Enforcement, about what exactly are we doing with the Code Enforcement and all the complaints; there are so many. Now the magistrate is not there, so technically, people has [sic] to justify what exactly the complaints are. So I just want to know exactly -- I might be able to stay for the second session, but if not, I listen when I try to see you guys over to the TV (television) or either internet to know exactly what is the changes for Code Enforcement, because the Code Compliance is in -- really, really need help in order for the resident, a regular resident to call and find out that -- you call, you leave messages, the phone ring, nobody answer. Then you have to call the police, and then we using the police as the Code Enforcement, which is not nothing to do with that. Commissioner Reyes: That's right. City of Miami Page 32 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Ms. Betancourt: And they have already plenty stuff that they have to fix. So I just hope that whoever is the new person who's doing the Code Compliance -- Chair Russell: Thank you so much. Ms. Betancourt: -- to please give us a hand. Commissioner Reyes: And if I may add, that this is the last one; that's why we are forming this task force that we're going to look into all the problems and how the process works, and where are the missing links that are -- I mean, if there is miscommunication, but make it more efficient. That's what the task force is going to be for. Chair Russell: Thank you very much. MV - MAYORAL VETOES NO MAYORAL VETOES (Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the City Clerk as the first substantive item(s) for City Commission consideration.) Chair Russell: Are there no mayoral vetoes from today? Is that something we forgot? Commissioner Carollo: You did that before. Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Russell: Thank you very much. If there's no further business before this body, we adjourn with peace, love, and harmony, before 8 p.m. Goodnight everyone, and thank you. END OF MAYORAL VETOES City of Miami Page 33 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 PA - PERSONAL APPEARANCE PA.1 PERSONAL APPEARANCE 5564 A PERSONAL APPEARANCE BY AFFECTED PROPERTY OWNERS OF LA PLACITA. RESULT: PRESENTED Note for the Record: For additional minutes referencing Item PA.1, please see "Public Comment Period for Regular Item(s)." Chair Russell: So we are ready for PA.1 whenever you are. And for those who aren't familiar, when we do a public appearance, you have the right as a citizen to come before this body if you don't feel that the Administration has addressed your issue. You bring it to the Commission. Caroline DeFreze: Okay. So good morning, everybody. Good morning, the Honorable Mayor and Commission. Thank you for having us here today. My name is Caroline DeFreze. I live at 635 Northeast 68th Street. I've lived in the sunshine for 30 years, and unlike Commissioner Gort, I've raised five sons. So I want to thank Commissioner Hardemon today for putting the item on the agenda. And we only have five minutes to convince you that our quality of life is of value, so we're going to play a short video, and then Mariella [sic] Albert de Lo -- Lopez d'Albert is going to close. So thank you for your time. Commissioner Carollo: Well, I'm confused. I thought that they each have two minutes, and people could transfer -- Chair Russell: For a personal item, it's different. A personal appearance is different. Is there any -- five minutes for the total. How -- if someone could clam Madam City Attorney or Clerk? Ms. DeFreze: These people are not with us, though. Commissioner Hardemon: There's really no rule. Like, we've established -- basically, we just wanted to give people an opportunity to speak at the beginning of a meeting if they had an issue they want to bring to the board's attention. And so, generally, we've said about five minutes. People have gone over before, but it's just an added opportunity for people to speak; not on an agenda item, but on something that they believe is important to their neighborhoods, et cetera. Chair Russell: Thank you. Commissioner Hardemon: So that's basically what it is. Chair Russell: It's at the discretion of the body. Commissioner Hardemon: It's not adversarial. It's not -- you know, it's just a matter of them having -- Chair Russell: Trying to keep order. And so, it's at the discretion of the body, and sounds like there may be folks on the other side who'd like to speak as well, so please feel free with your presentation. City of Miami Page 34 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Ms. Defreze: Okay. We're going to play the video right now, and then Mariella [sic] Lopez d'Albert will close. Thank you. Audio -video presentation made. Marielle Lopez d'Albert: Good morning, Commissioners. I would say good morning to Mayor Suarez, but he's not sitting here. My name is Marielle Lopez d'Albert, 661 Northeast 68th Street. First of all, I would like to remind all the Chairsmens [sic] and Commissioners that this is a personal appearance. This is not a public discussion; therefore, the other side is not here to make any comments. This is not a political issue, absolutely not. This is about quality of life and safety, which we have drawn a petition, signed by all 18 homes, to close off our street, due to the following facts: In the same way the City Charter was amended two years ago to give standing to all Miamis [sic] to enforce the Charter, the Charter should also be amended to give standing to all Miamis [sic] to enforce the City Code; otherwise, we have selective enforcement, which is what's happening in our street, where the City can favor some while prosecuting others. The restaurant has only 23 parking spaces for 200 seats due to a huge loophole in the law. This loophole was pointed out to the City at public hearings before the restaurant opened 10 years ago, but the City let it open anyway, ignoring the negative impact it would have on the neighbors and their quality of life. The loophole should be closed. It needs to be closed, as we are suffering by this impact, the brunt of it all. Also, the City Code should be changed so that all Miami Police Department officers are authorized and required to enforce noise ordinance. The current procedure in which police have to wait for Code Enforcement inspector to arrive at 2 a.m. does not work well, as there's usually only one Code Enforcement inspector working overnight. City residents should not have to contact the City to get the City to enforce noise ordinance. The City should enforce the noise ordinance automatically whenever it's violated, especially when police officers are already on scene, whether those police officers are on regular duty or working overtime. When an off -duty officer is working an overtime job at a party or event, or business that is playing loud music, especially late at night/early morning, the officer should not wait for the complaint to be phoned in by the resident. Waiting for the complaint to come in would be reactive. Instead, if the officer hears the loud music outside, the officer should immediately speak with the proper -- with proprietor and ask them to turn it down, explaining if they don't, the officer would enforce the noise ordinance in order -- in other words, the officer tries to be nice, as usually they are, at first. If the sound is not turned down, the officer then calls Code Enforcement. In that way, the officer is being proactive by acting immediately, and not waiting for the complaint from the resident before acting. Thank you for listening to us and having our personal appearance be heard. And I want to remind, this is a personal appearance. This is not a public discussion. The other side is not here to discuss anything that we have here today. Thank you. Chair Russell: Please, that's up for this body. Commissioner Hardemon, how would you like to handle your item? Ms. d'Albert: Thank you. Commissioner Hardemon: Well, particularly, you know, what's most important to me regarding this issue is that what we have is a group of residents that are saying that they're not able to enjoy their properties because of violations of the Code. I don't know the Code like the back of my hand. For instance, if someone is barbecuing at a business, but outside, it seems to be -- because I've never seen any other outside barbecuing at restaurants -- that that probably wouldn't be something that's allowable by Code, unless they have some special permit; if they do, inform us. If there are noise issues, noise violations -- I've seen in other parts of neighborhoods that -- well, as a -- I want to better understand how a business -- not just this business -- any business can continue to play loud music at certain hours of the day, City of Miami Page 35 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 or past certain hours of the night, without there being any consequences. And it makes sense. The things that they brought to me weren't things that were an assault on the business. They were saying, "Look, these things, by Code, should not be occurring, and we have to deal with them every single day." So if I were living on that street, if I lived next door to it, I mean, I would have the same objection. I would say, "Why is it that they're allowed to play the music so loud at all times? Why is it that they're allowed to barbecue on the outside when it's" -- "as it appears to be, they should not be allowed? Why is it that" -- even they talked about the signs. At one point, there was a "no outlet" sign. Now, I believe it's a "no through traffic" sign. Look, you know, I've passed my DMV (Division of Motor Vehicles) test a long time ago, but I don't think I've ever paid attention to a "no through street" sign. I think everyone who sees a "no through street" -- or even a "local traffic only" sign -- they're going to drive through that area. And it -- and so -- and the -- part of the issue is not necessarily, as I understood, people were necessarily driving through the area, but it's that because of the signs, once they drove to the area, they did a three- point turn, or four or five, depending on how you drive -- backed out the area, so it just became very problematic for them. And, you know, I'm sensitive to the issues of closing streets. I know that on Biscayne Boulevard, east of Biscayne Boulevard, there've been lots of closures to make neighborhoods safer, so that you wouldn't have cut -through traffic from Biscayne Boulevard. And, I mean, I've had some discussion with the City regarding implementing that same sort of strategy west of 7th Avenue, because I truly believe that we're seeing an uptick of extremely -- cars driving extremely fast down residential streets, and using the through streets or the residential streets as a way to avoid traffic on 7th Avenue and other major corridors. And so, the issues that they're bringing to me, I feel like they're real issues, and they're things that we need to be able to solve. And so, I want them to get some major direction from the City Administration in front of all of us so that we know how our neighborhoods are supposed to be policed when it comes to Code enforcement uniformly, and that's really the most important thing about this. Because, you know, if I lived next door to a space that was doing this -- I don't care what restaurant it is. It could be City Hall, right? -- if you're abusing the system, or you're violating rules and it's causing a disturbance to the people that live there, that's problematic, and we should not tolerate that sort of thing. So when it -- I know you heard the details that they addressed. I would like to hear in response to the noise; in response to the cooking outside; in response to, I believe, building things -- I mean, (UNINTELLIGIBLE) building things outside in the residential lots; I mean, all these things, we need to know, is it allowable or is it not allowable? This is not about the operation of a business. I'm really not concerned -- if a business allowed - - is allowed to operate within the City of Miami, it should be allowed to operate, but it's about the extra things that go beyond the proper operation of a business. Chair Russell: Thank you, Commissioner. Mr. Manager. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Assistant City Manager. We have -- the Administration, under the leadership of the City Manager, we've met with the good people of -- the residents of Northeast 68th Street, I believe, about two or three times, and we've done extensive Code enforcement inspections in that corridor. The last time we met with them, I believe, was on the -- February 8, in the City Administration Building at MRC (Miami Riverside Center), which I was physically present, and we outlined a number of options that are available to address most of the concerns. If you permit me, I'm going to read through this. The first indication of a major issue there is that there is a misleading road directional signage. Commissioner Hardemon: Excuse me, sir. Before you go into this -- I believe you're talking about the memorandum. Is that --? Mr. Ihekwaba: Not what you have, sir. City of Miami Page 36 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Hardemon: Oh, okay; something different? Mr. Ihekwaba: Yeah. I'm just speaking from my notes, sir. Commissioner Hardemon: Okay. Go ahead. Mr. Ihekwaba: There is a concern about a misleading road signage that is telling the road users and vehicular drivers that that street is no outlet. There is an outlet. It is a continuous corridor that come and -- that joins Northeast 70 -- 67th Street. So if you get in on 68th, you can exit on 67th. Because of that misleading signage, folks are making a three-point turnaround on private property, which is something that's not allowable, so we agreed with them. And through the depart -- the Director of Public Works and Resilience, we reached out to Miami -Dade County that has the exclusive jurisdiction on traffic engineering countywide, asking and requesting that that signage be replaced, because it's creating a major signage issue and confusion. The County did. However, it's almost like pouring in salt to an injury. They replaced the "no outlet" sign with a signage that says, "no through traffic," so obviously, that's not a solution. It's not a solution, so we're in agreement with the residents that we'll continue to push for the County -- in fact, as a matter of policy, to remove the signage entirely, so that way we would make sure that the residents and pedestrians and vehicular traffic operators don't run the risk of going into private property. On the issue of parking on private property, we also opined and advised that the County has a program, and the City's Miami Parking Authority also has a Restricted Residential Parking Program which will allow only the abutting property owners the exclusive use of the corridor for them to park, and for their visitors and guests to use the corridor, as well. That's an option that is still on the table, which, obviously, is available to the residents. Incidentally, the Executive Director of Miami Parking Authority is here with us today. He can throw more light on the program as to how it can be implemented. On the issue of heavy traffic and the traffic impacts on the residents, we currently are doing a traffic study. The traffic study is going to guide the City as to what are the available options. We have discussed with the residents in our last meeting that one good option is perhaps to turn the street into a one-way street. With a one-way street, you're not going to have folks making three-point U-turns or trying to use your private property or your driveways. Once you get in, it becomes a traffic directive that you must continue until you exit on 67th, or if the traffic study were to indicate otherwise, we can have the orientation and direction of traffic to be for folks to enter through 67th and exit on 68th; it could be either way, or they enter on Street 68 and exit on 67th. There is a program also being done by Miami -Dade County called the Guardhouse Special Taxing District, which would mean, if you don't have business being in that corridor, you don't have to come in, because there will be a special guard at the guardhouse entry points manning the entrance and exit of folks. The only problem and challenge the residents would have, that it creates a -- some kind of fiscal impact on their own personal pocket, because the County requires the -- only the residents to pay for it. The County does not pick up the tab on that. So that's the only challenge on implementing that kind of option that we've already offered them. So -- and also, we've told the residents, through the leadership of the City Manager, we'll have Miami Police carry out enforcement options on a pilot basis to see exactly -- what exactly is causing this problem. Some of the things that were shown today, actually, we've not seen it before; at least personally, to me. On the issue of the restaurant itself, we'll have good enforcement issues that have already been addressed. There is an issue about the sidewalk cafe there was a complaint about, which we've opened a complaint, and I believe the -- there's a citation in place on that, which they've complied with. However, that citation is still left open, because we still have to monitor to ensure that this is not a one-time compliance; that it's continuous, sustained, and permanent. The issue of the remodeling of the restaurant itself and the parking spaces, I believe the Zoning Administrator had done an inspection, and as a matter of fact, I was present at the field inspection myself the Zoning City of Miami Page 37 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Administrator, and the -- I believe the Public Works Director. We went there and inspected the corridor and the parking spaces. So we have a comprehensive report that we can submit, and have another meeting if they so choose. The Administration is working very strenuously, hard on this issue. We want to ensure that there is no relapse in the compliance that we've already initiated. And we are available to take additional questions if you have questions. Chair Russell: Commissioner Hardemon. Commissioner Hardemon: What about issues regarding the music? So our -- because -- and I want to be clear. This is not a Code Enforcement hearing, right? That's not what this is about. But the question is for informational purposes so that they understand and that we understand. Is a business allowed to play the music at the sound level that they're playing it during the times that they're playing it? Mr. Ihekwaba: I'm not sure I would be able to answer that question. I will defer to my colleague, Fernando Casamayor. Fernando Casamayor: Good morning. Fernando Casamayor, Assistant City Manager. The Code requirements regarding music is 100 feet plainly audible, so 100 feet from the establishment. If it's audible to one of our Enforcement officers, we can issue a notice of violation or a citation regarding sound. Now, unfortunately, having checked our records, Code Enforcement has no records of any calls for noise violations at the location. That doesn't mean that they haven't called. I know they probably called the police -- Unidentified Speaker: (UNINTELLIGIBLE). Mr. Casamayor: I'm going somewhere with this. Chair Russell: Please, one at a time. Mr. Casamayor: Okay. They've called the police for noise complaints, so again, I can only tell you -- I can point to the Chief and ask him to let you guys know what they've done with the noise complaints, but no complaints have come into the Code Department. Commissioner Hardemon: So what -- is there a particular number that everybody in the City --? Mr. Casamayor: Yes, we can -- there's a number, and I'm going to share it with all of the residents so that they can call. Commissioner Hardemon: Can you share it on the microphone, as well, so that -- when you get it? Share the number -- Mr. Casamayor: I don't remember -- Commissioner Hardemon: Right. I know you don't remember all the numbers in the world, but so that everyone who is listening understands what number they should call if they have an issue, so they won't bombard the police. They actually call Code Enforcement (UNINTELLIGIBLE). Mr. Casamayor: Absolutely. I will share the number in a moment, and I will let the Chief discuss the complaints that we have gotten. Commissioner Hardemon: Okay. And what about the ability for a restaurant as -- we're talking particularly about this one -- but are they allowed to barbecue outside? City of Miami Page 38 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mr. Casamayor: Unless they have a permit to -- for outdoor cooking, which I don't believe that is permitted at this location, they are not allowed to; no, sir. Commissioner Hardemon: Okay. And if -- for instance, if they're preparing for a festival or anything of that nature, are they allowed to build structures in their parking lots? Mr. Casamayor: Again, all permits that you need to have required permits to build any structure or conduct any business in a parking lot that is meant to be for parking. Commissioner Hardemon: Okay. Victoria Mendez (City Attorney): But you're thinking more of a special event. Commissioner Hardemon: No. Ms. Mendez: It would need a special event permit with the proper inspections for the special event. Commissioner Hardemon: So basically, what I'm hearing -- and I just want it to be very clear, and I want the residents to understand this -- the things that they've complained about that they came to me, to my office to talk about, all seem to be things that are volative of the Code. And so, what they're looking for is enforcement of the Code. Right? Their argument is that the Code is being selectively enforced in certain areas and not -- Commissioner Carollo: Well, I -- Commissioner Hardemon: -- that statement is -- I think it should be (UNINTELLIGIBLE). Commissioner Carollo: Excuse me, Commissioner. I think what they really want to say is that there's being selective protection on some people on the Code. Commissioner Hardemon: So, you know -- Commissioner Carollo: And furthermore, let me say this: That when it's my turn, I want the Director of Code Enforcement up here. And I'm going to say this to you, Mr. Manager, and I'm coming right at you with this, because you are the Manager that is the only one that's in charge of all employees: I would respectfully request of you that any of your employees that you have address this body do so with respect. If they want to make accusations, false statements, whatever they want to do, play Barney Fife, they could take it outside, and we could bring it into another arena. But if they're going to be here, I don't want any more smoke screens of members of this body, including myself to be attacked in any way. There should be respect; otherwise, I'm going to assume that you're putting them up to it, and then I'll be dealing with you from up here. Chair Russell: Thank you, Commissioner. And we do have an item later today; at which point, that'll be, of course, taken up. Emilio T. Gonzalez (City Manager): Mr. Chairman, would I -- am I allowed to respond to the Commissioner's comment? Chair Russell: If you'd like. Mr. Gonzalez: Sir, there is no -- City of Miami Page 39 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: You certainly can, sir. Mr. Gonzalez: -- selective protection here. Nobody's being put up to anything. If we were selectively protecting somebody, we wouldn't be issuing Code violations. We do our jobs. We have a process. We're working with the neighbors. We probably spend more time on that street than I have on any other street, including my own. So I would respectfully request that you not accuse me of selectively protecting anybody. Commissioner Carollo: Well, I have a long list already that I've seen, but in this one here, frankly, I don't have all the information that I need. I still am waiting for additional information. I have to go through with what I have. But what I see here, it seems that it's a pattern with different people in the City that have influence in different areas. I see a whole bunch of citations that have been issued, and then I see, "closed, closed, closed, closed, closed, closed." And that's one of the areas that I want to get into. Mr. Casamayor: On this address? Commissioner Carollo: On this address, yes. Commissioner Hardemon: So -- Chair Russell: Commissioner Hardemon, and -- Commissioner Hardemon: Thank you. The -- Chair Russell: -- I would like you to (UNINTELLIGIBLE) this item. Commissioner Hardemon: So as I stated before, this isn't a Code Enforcement hearing, and that's not what this is intended to be. What I'm trying to do is just bring light, through the residents, that there is an issue. If there needs to be additional attention placed on this specific space, then it needs to happen, because if there are violations that are occurring, they're occurring, and they shouldn't be. And we want to ensure -- and this -- so this is not -- I'm not accusing the Code Enforcement officers of anything. Right? You know, I've seen Code Enforcement officers do their job. What I'm saying is that there appears to be a gap here, and there needs to be attention placed to this gap. I'm not asking anyone from the City to abuse or harass any business owner. I'm saying that I'm asking Code Enforcement -- or Code Compliance to work with the businesses so they comply with the law so that the residents have a better experience in our City. That's what I'm asking. Is that fair? Mr. Gonzalez: Sir, that's fair and reasonable, and it's something that we have been doing. And as I mentioned, we have met with our residents; we will continue to do so, and we hope that we come to a resolution where they'll be happy with it. Our traffic study, once it's finished, will provide us with all the data that we need so that we can go back and say, "Do we want to make this a one-way street? Do we want to go and perhaps close the street?" But that will come from the data, and I want to be data -driven on this. Unfortunately, because there are other jurisdictions involved, we still have to go and work with the County on this, so it's not something that we can turn on and off overnight. Commissioner Hardemon: And I understand. Mr. Gonzalez: But your point is very well taken, sir. Commissioner Hardemon: And I understand that. And when it comes to the closing of the streets, like I stated earlier, you know, I have some ideas regarding some other City of Miami Page 40 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 areas for closing of the streets, including Liberty City and Liberty -- Spring Garden. So, you know, I'm interested in this. And I want to -- and I'll personally meet with our district Commissioner to have discussions about closing the streets, because what I've seen is that, you know, the closing of the streets on the east side have been beneficial to residents, to homeowners for a number of different reasons. I see some people that live behind some of those barricaded spaces. And I've seen, also, when I was traveling to Commissioner Reyes' district, even the closing of the streets that exist between the City of Miami and Coral Gables -- right? -- that is off of main streets. And so, they obviously have a beneficial effect, and we want to ensure that everyone has an opportunity that exists in these neighborhoods the way that the residents on the east side exist in their neighborhoods, because we all live in similar houses. Mr. Gonzalez: And I'll be happy to work with you on those other street closures that you'd like to look at. Commissioner Hardemon: Okay. Chair Russell: Commissioner Gort. Vice Chair Gort: Let me just make a statement. This is something that the violations are given, fines are given to the individuals, but their problem continues, and this is where the neighbors, they really get kind of upset, because they file the complaint, the complaint has been received, a citation has been given, but they continue with doing the things they had to do. So we've been talking to the Law Department to come up with ideas. But once that takes place, they can stop that immediately. Chair Russell: Thank you very much. Commissioner Hardemon: Chief you had something you wanted to add? Jorge Colina (Chief of Police): Chair, just as a point of clarification, the issues that have all been outlined are Code issues, including the noise. Where we can certainly play a part with the noise is if they are cited and they don't comply with the citation of the noise, we can warn them that if they do not comply with that citation -- with that violation, of what now has been documented, we can arrest the person playing the music. That doesn't necessarily mean that the owner is taking responsibility, but the person playing the music is the one that'll be arrested. We've had this discussion many times -- because it's complicated -- with Madam City Attorney. I remember a couple of years ago, we had a meeting with Commissioner Gort for similar issues in Allapattah, and the problem that we discussed then -- which I think she was very valid in making -- was that we need to be careful with the Eighth Amendment. So if we shut a place down with something that is a $250 fine, and the expense of what that shutdown caused, it could be viewed as this was a disproportionate penalty. If there are -- if there's a public safety element, then none of that applies. We certainly have the right to shut a place down if we think that there is a public safety component. If it's a matter of the music, certainly, we can go there, and if they don't comply with the Code violation, we can absolutely arrest the person responsible for playing the music. And typically, to be honest, that does solve the problem at the moment. It doesn't mean we can close the place down, but we can certainly arrest that person. The issue we would have is, obviously, the ownership would ideally comply and then just not play the -- they can come back the next day and have a different person, different DJ (disk jockey); we'd arrest that person, and that can go on and on. Ideally, the owners comply. I can tell you that I personally went down there, as well, and I met with the gentleman, and I suggested that they do everything in their power to try to work well with the neighbors so that everyone can be happy, because, you know, ideally, we want everyone to be able to, you know, mitigate this City of Miami Page 41 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 however we can so that everyone is satisfied. But if they're in violation of Code, then they're in violation of Code. Commissioner Hardemon: The -- and is there any way that business owners -- because I understand that outdoor music is a thing in Miami. Right? And is there any way that outdoor music is allowable in certain spaces for businesses? Mr. Casamayor: Outdoor music is allowed, sir; just, again, it cannot be plainly audible within 100 feet from the location. So you can have outdoor music. Either it can be mitigated, based on equipment. There is certain sound equipment that you can purchase that very -- that limits the radius of the sound. Commissioner Hardemon: Right. Mr. Casamayor: There is technology nowadays that can very much direct sound. Commissioner Hardemon: Or the -- Mr. Casamayor: Or you lower the volume so that -- Commissioner Hardemon: -- or they can get a -- or like, for instance, if you have special events, you have a noise waiver, so for that particular event that day, or whatever it may be, you have a waiver that allows the excessive noise; is that correct? Mr. Casamayor: Yes, they can apply for a noise waiver. I believe they are granted two per year, unless there's an override by this Commission. Commissioner Hardemon: Okay. Mr. Casamayor: I'd like to share the number for all those that are listening and watching -- Commissioner Hardemon: Right. Mr. Casamayor: -- and also to the neighbors, and I will make myself available to them after this, as well. The after-hours hotline number for our Code Enforcement is 786-457-0995. It is answered Monday through Thursday until 10 p.m.; Friday and Saturdays is 24 hours; and then Sundays is from 8 a.m. to 5 p.m. You can also call 311 to register complaints. Commissioner Hardemon: And people actually answer that phone? Mr. Casamayor: Most of the time, they do, sir. Commissioner Hardemon: Yeah. I'm glad you responded that way, because the complaint that we receive is that -- one second, one second -- the number isn't always picked up. Another question: The 311 app that I know that the City of Miami was trying to use -- I have it on my phone. I've registered complaints through my phone through the 311 app -- is that still something that the City of Miami utilizes as a tool? Mr. Casamayor: Yes, it is, sir. Commissioner Hardemon: Okay. You wanted to add one more thing? Ms. DeFreze: I just wanted to say that we want to see the business succeed, and I feel that the City has let the business down, because if they're painting a fire hydrant red and blue, it's a sign that they're really not aware of some of the Codes. So I think City of Miami Page 42 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 that the City should have gone out there and had a nice chat with them. And then with the sound system, the sound system is trained onto our street. They have a commercial corridor on Biscayne. They could move the sound system onto the commercial corridor, and it would make a huge improvement. Commissioner Hardemon: Okay. Ms. Lopez d'Albert: I want to -- Commissioner Hardemon: One last thing? Ms. Lopez d'Albert: The number that the gentleman shared with us, I have that number in my phone. And trust me, no one ever answers that phone, ever; not at 8, not at 9, no any after-hours. It still goes straight to voicemail. And one more thing that I want to say: That the gentleman for traffic presented for our street to be one way, that's not going to help anything. We need to close off the street, because Jenny's Flowers is right across from the restaurant. When that opens commercial, we're going to get hit, double, triple the traffic, and then what? The purpose of this is that we do not want to be railroaded again by another commercial establishment that doesn't have enough parking for their seating. Unfortunately, they have done nothing on the other side to try to find parking on Biscayne Boulevard and leave some kind of space where they could take those cars and park them, and we wouldn't be hit with all this traffic. They have not done that. Chair Russell: Thank you. Ms. Lopez d'Albert: They call -- so I just want you to be aware that Jenny's is right across the street. When this opens, we're going to get hit again, and we can't be doing that. We want our quality of life; our safety for our children, for our pets; to be able to live the way that we lived before, and that is our constitutional right, and we will seek it to the very end. Thank you. Commissioner Hardemon: Thank you very much, ma'am. Chair Russell: Thank you very much. Now, I know there are others here. I would like to reserve your comments for the public comment portion, which we're just about to open, and you'll be first in line. But for a public appearance item, it's not meant to be a roundtable or back and forth, and I think you'll definitely have your moment to speak, though, because I know you're here to defend the side of the restaurant. And if I understand correctly, before I close the item, the true goal here, which may come back to this Commission at some point, is a gated situation; is that - - that's the goal? Unidentified Speaker: (UNINTELLIGIBLE) to traffic. Ms. Lopez d'Albert: The petition is -- Unidentified Speaker: (UNINTELLIGIBLE) to traffic. Ms. Lopez d'Albert: -- completely signed, and we have a picture of how -- from -- all the way from Morningside to Bayside to Belle Meade to Miami Shores to Keystones [sic]; all the residential areas that hit Biscayne Boulevard, commercial business are closed off, and we would like to be able to do the same thing by landscaping. Commissioner Hardemon: You can -- Ms. Lopez d'Albert: And I have a picture attached to the (UNINTELLIGIBLE). Chair Russell: Commissioner Hardemon; then Commissioner Gort. City of Miami Page 43 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Hardemon: -- enter it into the record, so just give it to the City Clerk's Office so that it's included in your -- in the official documents for your presentation. Chair Russell: Thank you. Commissioner Gort. Vice Chair Gort: Let me ask a question. Do they have valet parking? Chair Russell: Yes, they do. Vice Chair Gort: They do. Okay. Chair Russell: Thank you. We'll -- Commissioner Carollo: I -- Chair Russell: Commissioner. Commissioner Carollo: -- have questions. And as I see this and what I hear from the neighbors, this has to be looked upon and broken down in two ways. One is the traffic situation, which I don't know what violations there might be or might not be there, but that's a separate situation that has to be analyzed separately. The other are statements to Code violations. And this right now is of major concern to me, because while maybe we need to do traffic studies or other things for the traffic situation, the Code is very clear; you're either in violation or you're not. And what I'm finding in what I've gotten so far -- and I've asked for a lot on this property, and I'm not familiarized with it. I frankly haven't even been by there, so I can't really picture a lot without going to a place. But if I could ask the Code Director to come up here. Mr. Casamayor: I'm not the Code Director, sir, but Assistant City Manager in charge of Code. Commissioner Carollo: No. I've asked for the Code Director. Mr. Casamayor: Our Code Director is not here today, sir. Commissioner Carollo: Fernando -- Mr. Manager, this item was going to be up here today. You all knew that the essence of it was Code. Why is the Code Director not here today? Mr. Gonzalez: Sir, because when the Code Director accepted the position, she was very clear that she needed to be out of the country these days for something that had been scheduled long ago, and I agreed to that as a condition of her hire. Commissioner Carollo: Okay. Well, that's fine. So you explained that. Now, Fernando, as he's stated to me on numerous occasions, he's not up to the Code like someone that works for Code. I'd like to get someone then, whoever you have here, that's the second in command of Code to go over some of the issues. Can you state your name for the record, sir, and your position? Lazaro Orta: Lazaro Orta, Assistant Director of Code Compliance. Commissioner Carollo: Okay. And you've been the Assistant Director since when? Mr. Orta: December. Commissioner Carollo: December of last year? City of Miami Page 44 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mr. Orta: Yes, sir. Commissioner Carollo: Okay. I have here before a series of case numbers. I'm assuming they're citations, but maybe they're not. But they're case numbers that all seem to be closed, except for one that says, "still open," and if you could go with me, because I'm sure you are prepared for today's meeting on this, in case anything came up in citations -- Mr. Orta: Yes, sir, I am. Commissioner Carollo: -- you could deal with it. Okay. If -- do you have the list of citations that this place had gotten since it's been opened? Mr. Orta: I don't have it with me, sir. Chair Russell: Commissioner Hardemon. Commissioner Hardemon: May I interrupt for one second? And I appreciate the inquiries of this, but it's 11:38, right? We're not going to get a lot of business done before noon, and I want to get some stuff done. Like I said, I don't want this to be a Code Enforcement -- like major hearing. This is not what this is about. It was about bringing forth the information that they showed me. And the City has admitted -- like, for instance, they've never seen the pictures of the barbecue. It's something they didn't -- they were not aware of. So, you know, I just want this to bring awareness and -- so everyone is on the same page about how this -- something like this should be handled. But, you know, I don't want to -- Commissioner Carollo: I understand, Commissioner, but this is a problem, like I said, that's going in through many of our districts. Commissioner Hardemon: I believe it, yes. Commissioner Carollo: I want to be fair to these people, too, because, frankly, I haven't been to the place. I haven't observed anything. I did see some things in the pictures that they showed up here quickly. They went too quickly, but from what I saw, they're clear Code violations of having stuff out in the back that you can't have. So I don't know if these were cited or what, or if they were then corrected. Commissioner Hardemon: Right. Commissioner Carollo: So I'm not familiarized with this issue enough. Commissioner Hardemon: And I'm not necessarily seeking at this time to discuss whether or not they have been cited or what violations are there. That's not my intention. My intention was to give the residents an opportunity to tell this board how they felt about what they were experiencing, because this is the -- this is actually, I found, to be one of the best ways for them to express themselves, and then for the attention to be duly paid to whatever their issue is. But I do certainly want to get to our public comments, so we can open and close public comment -- Commissioner Carollo: Okay. Well -- Commissioner Hardemon: -- and do some business. Chair Russell: Thank you. Commissioner Carollo: -- what I don't want either -- and I know that this is your district, so I would defer to you -- I don't residents of any part of our City, whether City of Miami Page 45 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 my district or yours, to come up here and they leave, and they think that all we did for them is give them a few minutes to complain, and then they go home, and they see that nothing happens, nothing gets done. Commissioner Hardemon: I agree. I agree with you there. Commissioner Reyes: I agree with you, sir. Commissioner Carollo: What I'd like, if you could present a resolution that I will second, instructing the Administration to enforce any Code violations, and I don't know what there might be or not be in this particular place right now. I want them to go home feeling that at least something was done as best as we can here. And let me say this to you: That under the powers and duties of the City Manager, the number one -- number one is to enforce all laws and ordinances. So he has an obligation by the City Charter to enforce all our laws and ordinances. So I think that at least they deserve a resolution of this Commission that they feel that this body that represents them directly did something. And then, if the Manager doesn't get anything done and we hear more complaints -- if there are any, I don't know -- then, you know, we could deal with it up here again. Commissioner Hardemon: So the -- I think you're right that the Manager has an affirmative duty to enforce all of our laws. I think that if -- with a resolution -- I don't want to give the impression that everyone needs a resolution for the laws to be seriously take -- don't take them seriously. And so, that's my only objection there; that I want this to be an opportunity for the Administration to see where we are. And this has to come back, not necessarily for new violations, because new violations happen. People who violate the law here, they violate the law there. There's a process for that. But I don't want where there's a continuing violation that seems to be the same thing that is not taken seriously. And that's what I'm -- that's why I'm -- if this has to come back, then I'll take a further (UNINTELLIGIBLE). Commissioner Carollo: But that's why I was saying to do this, because I'm going to tell you what I've seen, and I'm going to go back to this body with that, because I'm compiling a lot of information. In my district -- and let me be clear, it's numerous individuals, but they all seem to have power; most seem to be in the liquor business, in lounges; places -- and there's not that many in my district I get -- that are unpaved; meaning, they have dirt lots. You can't park there. You got to do a lot of things to make it packable [sic]. We complain, after many long times in waiting. In fact, in one of them, we started complaining in January, and finally, this January, over a year later, is when they got cited. And Mr. Manager, let me congratulate you on this one. There's many others that are still open. They finally closed the illegal parking down. Chair Russell: Commissioner, I'd like to -- Commissioner Carollo: But -- Chair Russell: -- move this forward, because we -- this actually -- Commissioner Carollo: Yeah, but -- Chair Russell: -- falls under an item we have on the -- Commissioner Carollo: Yeah. Chair Russell: -- agenda where we can go much deeper into this. Commissioner Carollo: No, no, but I'm going right -- City of Miami Page 46 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: I'd really like us to move on. Commissioner Carollo: -- into this, which is part of it. What I've seen is we put the complaint. The few times, they got in and cited them; then, within a few days after, without us ever knowing about it, the complaint is taken back and closed, because they claim they went back and they're complying, when they're not complying. They never complied. So this is the kind of stuff that I don't want these people to have to go through, or anybody in this City, because it is a quality of life issue. Chair Russell: Thank you, Commissioner. And I really would like to move this on. Code is very clearly at the top of our issues, as we see meeting after meeting, and that is why we're bringing up the item around -- regarding the task force, where a lot of these policies -- I mean, to recognize just having over 50 Code Enforcement officers -- Code Compliance officers for the entire City, things are falling through the cracks. And so, can we hit everything that's happening in every restaurant, business, and home? It's physically impossible. How do we do our job and serve our residents best? That's what this task force is going to take up. I'd like to table any further discussion -- Commissioner Reyes: Mr. Chair -- Chair Russell: -- regarding Code to settle on that item. Commissioner Reyes: -- I have -- Chair Russell: If you can help us move on. Commissioner Reyes: -- well, I have -- I want to make a comment, right? Chair Russell: Yes. Commissioner Reyes: Okay, because this is very important. And we have a group of neighbors that, as I hear, they're subject to certain nuisance in the sanctity of their homes. I wouldn't like that to happen to me. And in the other side, we have a business that have all the right to be there, you see? By right they have to be there. But the business has to comply with all the regulations and all the Codes, regulations and -- that will not affect the quality of life of the neighbors, because I wouldn't like for -- I mean, to be living where these people are living. And I hope that your complaint about the music is not because it is salsa, because if it were jazz -- no, because I read it, I read it. I read somebody complaint and said, "I don't want to be hearing salsa all the way." Well, by the way, I love salsa, you see. Ms. DeFreze: Not nine hours a day. Commissioner Reyes: Well, no, no, I -- but -- and at a certain level, too. But this is something that I hope and I think that we, as civilized people that are -- we are -- we can find an agreement that you will take care of the parking, getting a lot and enforcing that your patrons, they will not park, because I have seen -- I go to different small restaurants in Calle Ocho, and when you park someplace else, they say, "Don't park there," you see; "park in this other side that we have rented, but don't bother the neighbors," you see? You can do that. The music, the -- how -- the volume, you see, she said, "Direct the speakers or the" -- "someplace else," and so they can have some peace at home, and you can have your business, and you can keep on cooking arroz con gandules, and all Puerto Rican food that my grandmother used to cook. My grandmother was Puerto Rican -- and all those delicious dishes. But you can co -exist with the neighbors, you see, and the neighbors could be -- could welcome you there. But I think that this is a problem that we can -- I mean, we can reach an agreement and the -- our -- I think that our duty as the City of Miami is to City of Miami Page 47 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 make sure that all the Codes are enforced, and you are not infringing on these people right, you see? That -- and I really hope that we -- the neighbors are willing to co -exist with you as long as you don't infringe on their rights, because I don't want a -- I mean, I love salsa, but if at 12 o'clock at night, somebody is blasting -- el gran combo or whoever it is or -- whoever -- (UNINTELLIGIBLE) -- I'm going to go and knock on the door and say, "Man, you see, I got to sleep, "you see? Chair Russell: Thank you, gentlemen. Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: Please, please, I'd really love to close this item. Commissioner Carollo: Me too, but I -- Commissioner Hardemon: No, no, no, no. Listen, what I'd like to do is this, if you may. What I'd like to do, if we can open up public comment -- Chair Russell: Yes. Commissioner Hardemon: -- they'll have an opportunity to say two minutes in the public comment, because this is not about necessarily -- like I said, this is not about the restaurant. This is about the complaint. Commissioner Reyes: Yes, sir. Commissioner Hardemon: This is not about a Code violation. It's about necessarily the complaint, so that they can make the complaint to us, and we have some action. So what we should do, I believe, is that we should open up public comment, so anyone who's here -- because -- Chair Russell: If I may? Commissioner Hardemon: -- on other items -- Chair Russell: If I may? Yes. Commissioner Hardemon: -- can have an opportunity to speak. END OF PERSONAL APPEARANCE City of Miami Page 48 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 CA.1 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo RESOLUTION 5477 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED ON Office of Capital NOVEMBER 6, 2018, PURSUANT TO INVITATION TO BID ("ITB") Improvements NO. 17-18-058, FROM JVA ENGINEERING CONTRACTOR INC ("JVA"), A FLORIDA CORPORATION, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE CONSTRUCTION SERVICES FOR THE METROMOVER STATION ACCESS IMPROVEMENTS — PROJECT NO. B-183614, IN THE AMOUNT OF $155,333.50 FOR THE SCOPE OF WORK, PLUS AN OWNER'S CONTINGENCY ALLOWANCE IN THE AMOUNT OF $15,533.35, FOR A TOTAL NOT -TO -EXCEED AWARD VALUE OF $170,866.85; ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. B-183614; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS 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-19-0086 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.1, please see "End of Consent Agenda." City ofMiami Page 49 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 CA.2 RESOLUTION 5476 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED ON OCTOBER 18, 2018, PURSUANT TO INVITATION TO BID ("ITB") NO. 17-18-050, FROM HELLAS CONSTRUCTION, INC. ("HELLAS"), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE CONSTRUCTION SERVICES FOR THE HADLEY PARK SYNTHETIC TURF AND PARK IMPROVEMENTS — D5 — PROJECT NO. B-173515, IN THE AMOUNT OF $1,915,915.00 FOR THE SCOPE OF WORK, PLUS AN OWNER'S CONTINGENCY ALLOWANCE IN THE AMOUNT OF $191,591.50, FOR A TOTAL NOT -TO -EXCEED AWARD VALUE OF $2,107,506.50; ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. B-173515; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS 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 ("CITY") 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-19-0087 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.2, please see Public Comment Period for Regular Item(s), " and "End of Consent Agenda." CA.3 RESOLUTION 5469 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR LANDSCAPE AND PAVERS IN ACCORDANCE WITH THE DESIGN PLANS ON FILE FOR PERMIT # 2018-L-690-008 ON STATE ROAD 5/US-1/BISCAYNE BOULEVARD FROM NORTHEAST 39TH STREET TO NORTHEAST 41ST STREET, WHICH IS LOCATED WITHIN THE LIMITS OF THE CITY OF MIAMI, FLORIDA. ENACTMENT NUMBER: R-19-0088 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.3, please see "End of Consent Agenda." City of Miami Page 50 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 CA.4 RESOLUTION 5423 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT TITLED "FEEDING COORDINATION PC-1819-FC, HMIS STAFFING PROGRAM PC-1819-STAFF-1, AND IDENTIFICATION ASSISTANCE PROGRAM PC-1819-ID-1" AND APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED FIFTY TWO THOUSAND ONE HUNDRED SIXTY SIX DOLLARS ($52,166.00) CONSISTING OF A GRANT FROM MIAMI-DADE COUNTY THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("COUNTY") FORA TWELVE (12) MONTH PERIOD, WITH NO CITY OF MIAMI ("CITY") MATCHING FUNDS REQUIRED, FOR ASSISTANCE TO HOMELESS INDIVIDUALS WITH THE REPLACEMENT OF LOST IDENTIFICATIONS, FOR PROVISION OF STAFFING FOR THE HOMELESS MANAGEMENT INFORMATION SYSTEM ("HMIS"), AND FOR COORDINATION OF THE FEEDING PROGRAM ("GRANT"); AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE COUNTY FOR SAID PURPOSE, IN SUBSTANTIALLY THE ATTACHED FORM ("AGREEMENT"), CONDITIONED UPON THE AVAILABILITY OF THE CITY RESOURCES THAT MAY BE REQUIRED TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AND DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE GRANT. ENACTMENT NUMBER: R-19-0089 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.4, please see "Public Comment Period for Regular Item(s)," and "End of Consent Agenda." City of Miami Page 51 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 CA.5 RESOLUTION 5424 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT TITLED "MEMORANDUM OF AGREEMENT (MOA) PROGRAM, PC-1819-MOA" AND APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED OF THREE HUNDRED FORTY THOUSAND DOLLARS ($340,000.00) CONSISTING OF A GRANT FROM MIAMI-DADE COUNTY THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("COUNTY"), WITH NO CITY OF MIAMI ("CITY") MATCHING FUNDS REQUIRED, FOR THE PROVISION OF INTERVENTION SERVICES FOR THE TEMPORARILY AND CHRONICALLY HOMELESS AS WELL AS THE PROVISION OF HOUSING, TRANSPORTATION, AND OTHER SUPPORTIVE SERVICES FOR INDIVIDUALS REFERRED THROUGH THE MIAMI-DADE COUNTY JUDICIAL AND HEALTH SYSTEMS, WITH SAID SERVICES TO BE PROVIDED BY THE CITY'S DEPARTMENT OF HUMAN SERVICES' ("DEPARTMENT") HOMELESS SERVICES DIVISION ("GRANT"); AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE COUNTY FOR SAID PURPOSE, IN SUBSTANTIALLY THE ATTACHED FORM ("AGREEMENT"), CONDITIONED UPON THE AVAILABILITY OF THE CITY RESOURCES THAT MAY BE REQUIRED TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT OR DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE GRANT. ENACTMENT NUMBER: R-19-0090 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.5, please see "Public Comment Period for Regular Item(s), " and "End of Consent Agenda." City of Miami Page 52 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 CA.6 RESOLUTION 5425 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT TITLED "OUTREACH SALARY MATCH/SUPPLEMENTAL STAFFING COSTS PROGRAM PC- 1819-STAFF-3" AND APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000.00) CONSISTING OF A GRANT FROM MIAMI-DADE COUNTY THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("COUNTY") FOR A TWELVE (12) MONTH PERIOD, WITH NO CITY OF MIAMI ("CITY") MATCHING FUNDS REQUIRED, TO SUPPORT THE STAFF SALARIES AND FRINGE BENEFITS OF THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF HUMAN SERVICES' ("DEPARTMENT") HOMELESS SERVICES DIVISION ("GRANT"); AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE COUNTY FOR SAID PURPOSE, IN SUBSTANTIALLY THE ATTACHED FORM ("AGREEMENT"), CONDITIONED UPON THE AVAILABILITY OF THE CITY RESOURCES REQUIRED TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AND DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE GRANT. ENACTMENT NUMBER: R-19-0091 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.6, please see "Public Comment Period for Regular Item(s), " and "End of Consent Agenda." City of Miami Page 53 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 CA.7 RESOLUTION 5426 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT TITLED "EMERGENCY HOTEL/MOTEL PLACEMENT PROGRAM PC-1819-HTMT-1" AND APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED OF NINE HUNDRED NINETY SIX THOUSAND DOLLARS ($996,000.00) CONSISTING OF A GRANT FROM MIAMI-DADE COUNTY THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("COUNTY") FOR A TWELVE (12) MONTH PERIOD, WITH NO CITY OF MIAMI ("CITY") MATCHING FUNDS REQUIRED, FOR THE PROVISION OF TEMPORARY EMERGENCY HOTEL/MOTEL ACCOMMODATIONS FOR HOMELESS FAMILIES ("GRANT"); AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE COUNTY FOR SAID PURPOSE, IN SUBSTANTIALLY THE ATTACHED FORM ("AGREEMENT"), CONDITIONED UPON THE AVAILABILITY OF THE CITY RESOURCES THAT MAY BE REQUIRED TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AND DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE GRANT. ENACTMENT NUMBER: R-19-0092 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.7, please see Public Comment Period for Regular Item(s)," and "End of Consent Agenda." CA.8 RESOLUTION 5417 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED THREE HUNDRED THREE THOUSAND, EIGHT HUNDRED SEVENTY-FOUR DOLLARS ($303,874.00) FOR THE CONSTRUCTION OF A SEAWALL, BAYWALK, AND FLOATING DOCK FOR THE SOUTHEAST 25TH ROAD END OF STREET PROJECT ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF AN AWARD OF THE GRANT FOR FISCAL YEAR 2019-2020, WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-19-0093 This matter was ADOPTED on the Consent Agenda. City ofMiarni Page 54 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Note for the Record: For minutes referencing Item CA.8, please see "End of Consent Agenda." CA.9 RESOLUTION - Item Pulled from Consent 5418 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-TWO THOUSAND, SEVEN HUNDRED SIXTY-ONE DOLLARS ($122,761.00) FOR THE CONSTRUCTION OF A SEAWALL AND BAYWALK AT THE END OF NORTHEAST 22 STREET ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2019-2020 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-19-0109 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item CA.9, please see "End of Consent Agenda." Chair Russell: So back to the regular agenda. I believe the next thing we have before us would be CA.9; is that correct? And I believe -- Commissioner Carollo: "C"? Chair Russell: CA (consent agenda) -- of the CA agenda, both 9 and 12 were held back; we voted on the rest. Commissioner Carollo: Okay. Chair Russell: 9 has to do with a seawall and bay walk FIND (Florida Inland Navigation District) grant at Northwest 22nd Street, and CA.12 is the noise waiver in the Lemon City area. So we'll take up CA.9 first, please. And this was a request by Commissioner Gort to discuss this item. Lillian Blondet: Good afternoon. Lillian Blondet, Office of Grant Administration. CA.9 is a resolution of the Miami City Commission, with attachments, authorizing the City Manager to submit an application for reimbursement grant funding to the City of Miami Page 55 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Florida Inland Navigation District Waterways Assistance Program, for an amount not to exceed $122, 761, for the construction of a seawall and bay walk at the end of Northeast 22nd Street; further authorizing the City Manager to execute any and all necessary documents, in a form acceptable to the City Attorney, for the submission of said grant application; further authorizing the City Manager to accept grant funds in the event of an award for the fiscal year 2019/2020, without the need of further Commission approval, and to execute in a form acceptable to the City Attorney grant agreements, amendments, modifications, renewals, and extensions thereof. Chair Russell: Thank you. Commissioner Gort. Vice Chair Gort: Now, my question -- this is FIND, because this is in the public right-of-way where it's being done, right? Ms. Blondet: It's at the end of street, yes. Vice Chair Gort: Right, it's at the end of the street. My question was, in the church on Brickell Avenue? Chair Russell: That would've been the other one, CA -- Vice Chair Gort: Right, and that was already passed. But my question was, do we have any document where if the property is sold in the future, we get the funds back? My understanding, there is a provision that will do that. Chair Russell: We have a legally binding agreement, if I'm not mistaken, that if the Presbyterian Church does any development which triggers its responsibility for the bay walk, we get the money back. And if they sell the property, that also -- Emilio T. Gonzalez (City Manager): That is correct, sir. Chair Russell: Thank you very much. Vice Chair Gort: Thank you. Chair Russell: So that was on another item. But CA.9, could I get a motion on that, then, if there's no issue on CA.9? Vice Chair Gort: Move it. Chair Russell: Moved; seconded by the Chair. Any discussion from the public on CA.9? Any discussion from the dais? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on CA.9. City of Miami Page 56 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 CA.10 RESOLUTION 5419 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED THIRTY THOUSAND, THIRTY-THREE DOLLARS ($30,033.00) TO PURCHASE A MARINE FIRE VESSEL FOR THE CITY OF MIAMI'S DEPARTMENT OF FIRE -RESCUE ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF AN AWARD OF THE GRANT FOR FISCAL YEAR 2019-2020, WITHOUT THE NEED FOR FURTHER CITY COMMISSION ACTION AND TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO; FURTHER AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND, THIRTY-THREE DOLLARS ($30,033.00) FROM PROJECT NO. 40-B173216B OR OTHER LEGALLY AVAILABLE FUNDING SOURCES IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2019-2020. ENACTMENT NUMBER: R-19-0094 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.10, please see "End of Consent Agenda." City of Miami Page 57 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 CA.11 RESOLUTION 5404 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($375,000.00) FOR THE CONSTRUCTION OF THE MOORING FIELD FACILITY OFFSHORE FROM WATSON ISLAND ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF AN AWARD OF THE GRANT FOR FISCAL YEAR 2019-2020 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO; FURTHER AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($375,000.00) FROM DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT PROJECT NO. 40-B70047 IN THE EVENT OF AN AWARD OF THE GRANT FOR FISCAL YEAR 2019- 2020. ENACTMENT NUMBER: R-19-0095 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.11, please see "End of Consent Agenda." CA.12 RESOLUTION - Item Pulled from Consent 5563 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE PROVISIONS OF SECTION 36-4(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), CONCERNING THE PROHIBITION OF EXCESSIVE NOISE AND MUSIC AND EXTENDING THE HOURS OF ALCOHOL SALES UNTIL 5:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE FOR THE WINTER MUSIC CONFERENCE RELATED EVENTS TAKING PLACE AT LEMON CITY STUDIOS LOCATED AT 261 NORTHEAST 73RD STREET, MIAMI, FLORIDA, FROM MARCH 30, 2019 THROUGH MARCH 31, 2019. ENACTMENT NUMBER: R-19-0110 City ofMiarni Page 58 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item CA.12, please see "Public Comment Period for Regular Item(s)," and "End of Consent Agenda." Chair Russell: So, Commissioner, would you like to discuss or take up RE. 12 -- I mean CA.12, or table it till after lunch? Commissioner Hardemon: No. We can do it after lunch. Basically, all I'm going to do is -- just to give you a precursor of what I've been thinking. When we waive the noise ordinance, we do it in good faith, but from what was discussed on the record, especially by Mr. Cruz, what could happen is that they turn the volume up so loud that areas that generally would not hear the noise hear the noise. And so, what I'd like to do is kind of create a zone. So, basically, for instance, at this particular location, I want to be smarter about it. So if noise is being heard -- Northeast 4th Avenue, for instance, then that noise is traveling way too far. And so, I want the ordinance to apply, but in a specific way. So not the 100 feet, but give them the ability to use the noise, but not so loud that the neighbors are interfered with. So that's the logic. Chair Russell: Agreed. Commissioner Hardemon: So I want to kind of -- Victoria Mendez (City Attorney): So this -- Commissioner Hardemon: -- come back with it. Ms. Mendez: -- would be an amendment to CA.12, is what you're looking at? Commissioner Hardemon: Right. But I want to talk through the amendment with you before -- Ms. Mendez: Okay. Commissioner Hardemon: -- and not just do this right before lunch. Ms. Mendez: Okay. Chair Russell: Thank you. Gentlemen, 2:30? Commissioner Reyes: 3. Chair Russell: 3 o'clock. We'll reconvene at 3 o'clock. Enjoy your lunch. Thank you very much. Later... Chair Russell: We'll move to CA.12, noise waiver, extension of alcohol hours, please. Vice Chair Gort: Mr. Chairman? City of Miami Page 59 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Hardemon: Yes. Vice Chair Gort: You're on. Commissioner Hardemon: Thank you very much. So basically, after hearing some of the comments from the residents that were speaking in regards to CA.12, what we've done is we've amended the -- what I intend to do through a motion to mod fy the resolution that's before us is to allow the noise ordinance to apply no more than 400 feet; instead of 100 feet, it's no more than 400 feet from the property. So basically, there's a map that shows the distance. We had the City Administration to go through and show the distance that 400 feet would be; that if anything is past 400 feet and it's plainly audible, then the music is too loud, so it'll be a violation of the ordinance. So we want to -- and what I want to be able to do is in the future, let's try to create some legislation that can kind of really codify this type of thing, so if we want to make amendments to it. So we don't want the music to be blasting so much so that a thousand feet away or six thou -- you know, that you can hear it. So it gives you some parameters, but then also allows you to play music at a level that's loud enough for you to have whatever type of event you're having and it not be problematic to the residents that are near it. So basically, with the 400 feet, this would solve the issue where the homes that are to the east and that are across Northeast 4th Court, and the homes that are to the north that are beyond Northeast 75th Street, they should be protected by this amendment. So basically, the way that the "whereas" clause would read that's where I'm making a change would be, "The noise waiver shall be applicable for a radius not to exceed 400 feet from the Lemon City Studios, located at 261 Northeast 73rd Street, Miami, Florida, which will host events related to the WMC during the above -mentioned dates." And then, also, in the "therefore" clause, it says in Section 2 now, "The noise prohibition contained in Section 36-4(A) of the City Code is waived, pursuant to 36-4(B) of the City Code, for a radius not to exceed 400 feet from the Lemon City Studios, located at 261 Northeast 73rd Street, Miami, Florida, which will host events related to the WMC, from March 30, 2019 through March 31, 2019." Chair Russell: Thank you. Is that a motion? Commissioner Hardemon: That is a motion. Chair Russell: With amendment? Commissioner Hardemon: Correct. Chair Russell: Is there a second? Commissioner Hardemon: The motion to amend. Vice Chair Gort: Second. Commissioner Reyes: Second. Chair Russell: It's been seconded by Commissioner Gort. The map you showed, is that in the backup? Commissioner Hardemon: No. This is something that we just created. Vice Chair Gort: No. Chair Russell: Oh, so you 're introducing a document on the dais? Commissioner Hardemon: Oh, no, it's not a document. I'm submitting -- City of Miami Page 60 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: I'm just messing -- I'm -- Commissioner Hardemon: It's what we call in court "a demonstrative." It helps people better identf what is being described ore tenusly. Commissioner Reyes: Mr. Hardemon -- Commissioner Carollo: Is that all of the agenda? Chair Russell: No. We still have some more, sir. Commissioner Carollo: This is not, or this is? Chair Russell: Oh, no, it's not. Commissioner Hardemon: No. That's -- Commissioner Carollo: This is not in the agenda? Commissioner Hardemon: No, it's not on the agenda. Commissioner Carollo: I got to consider that five-day rule. Commissioner Hardemon: I don't know. I don't have -- Commissioner Carollo: I don't know. Commissioner Hardemon: Can I --? Chair Russell: A point well taken. Commissioner Hardemon: I thought it would be -- it was better than doing this, so people could -- 500 feet, like this. Commissioner Reyes: Are you including any -- the -- I mean, amount of decibels that can be used or anything? Commissioner Hardemon: No. So I didn't even have to -- I didn't have to -- Commissioner Reyes: So it could be -- couldn't be heard more than 400 feet. Commissioner Hardemon: 400 feet. Because right now, the way the statute -- I mean, the way that the ordinance is written is -- it's not decibels; it's feet -- Commissioner Reyes: Feet. Commissioner Hardemon: -- plainly audible. Commissioner Reyes: Okay. Commissioner Hardemon: So I kind of wanted to stick with something just as simple. Commissioner Reyes: Okay, okay. Just claming it. Commissioner Hardemon: So that -- you know, our residents can say, "Look, I'm here in my home. This is 600 feet away, and I can hear it." Commissioner Reyes: Yeah. I got you. City of Miami Page 61 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: Thank you. There's been a motion and a second. Is there any further discussion from the dais? Vice Chair Gort: Discussion. Discussion. Chair Russell: Yes. Vice Chair Gort: I'm not an expert in this, but I imagine there's a way you can set up your speakers, and you can control the traveling of the noise -- I mean -- excuse me -- the music; not the noise; the music. Commissioner Hardemon: So -- and I think that the -- Vice Chair Gort: Because I can see it's a lot of expressways in between the sites. Commissioner Hardemon: Right. The event producer actually provided me this document just a second ago, and I -- basically, it's like a site map that shows how they're going to put the DJ -- I mean the -- what is it called? -- the speaker systems to minimize the amount of sound that's going towards the residents' area. Commissioner Carollo: Well, let me give you my experience with Ultra at Bayfront Park. But I think you said the key words there. You could keep the sound away from one area, but that sound then is going to go somewhere else. So if what you said that they're going to do is to keep it away from the residential area, then it's fine. Let it go somewhere else that's not residential. Commissioner Hardemon: Yeah. A lot of this area is industrial -- Commissioner Carollo: Yeah. Commissioner Hardemon: -- so. Chair Russell: All right. There's been a motion and a second. Any further discussion from the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Todd B. Hannon (City Clerk): As amended. Chair Russell: As amended. Thank you very much. END OF CONSENT AGENDA Chair Russell: Before we make a motion, just to talk through it, my goal would be to try to pass as much as we can that we don't believe there will be discussion or controversy on -- Commissioner Hardemon: Right. Chair Russell: -- and that should be the CA (consent agenda), the PH (public hearing), and part of the RE (resolution) agenda. How does that sound? Commissioner Hardemon: Right. So, Mr. Chairman, I would like to propose a motion to approve CA.1 through CA.11; not including CA.12, because I want to City of Miami Page 62 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 make some amendments to that; the PH agenda, and RE.1 through 8. So once again Chair Russell: 1 through 8. Commissioner Hardemon: Okay. And so, let's -- from my motion, then, to make it more clear, remove CA.9 from my motion. So the motion would be to approve the CA agenda, not inclusive of CA.9 or CA.12; the PH agenda; and Re's. 1 through 8. I think that'll give us a good start. Chair Russell: Very good. There's been a motion. Is there a second? Commissioner Reyes: Second. Todd B. Hannon (City Clerk): Chair -- Chair Russell: Second. Mr. Hannon: -- just so you know, RE.3 has already been adopted. Commissioner Hardemon: Right. We understand. Chair Russell: Yes, of course. We're not including that one. Thank you. Victoria Mendez (City Attorney): And Chair, just a reminder that a lot of the PHs are four -fifths. Commissioner Hardemon: Right. Chair Russell: Yes. Commissioner Hardemon: There's four of us; we'll make it. Chair Russell: We like to live on the edge. All right. So -- Mr. Hannon: And my apologies, Chair; just one last thing. The public hearing was closed at 12:26, for the record. Chair Russell: Yes, thank you. I reopened it briefly and we closed it appropriately after. Thank you. There has been a motion and a second. Is there any discussion on the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you. And gentlemen, shall we break for lunch from that point, or would you like to take up the other two items that we pulled? Commissioner Reyes: Excuse me. Let me ask you -- I want to -- on RE.10, I want an amendment on it. I just want -- it's just the changing of a date. Instead of saying, "before the November election, general election," is -- it will read, "before the September 16 meeting." Chair Russell: When that item comes up, we can make an amendment on it, and it'll be fully in the record. Commissioner Reyes: And we are not voting on it? City of Miami Page 63 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: No. That was not included in this batch. Commissioner Reyes: Okay. Chair Russell: Yeah. City of Miami Page 64 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 PH.1 5465 Department of Police PH - PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS EXHIBIT "A"; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE IBIS TRAX-HD3D AGREEMENT FROM FORENSIC TECHNOLOGY INC. ("FTI"), INCLUDING BUT NOT LIMITED TO THE ADDENDUM, IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "B," FOR SOFTWARE LICENSES, TRAINING SERVICES, MAINTENANCE, AND SUPPORT FOR A PERIOD OF FOUR (4) YEARS; ALLOCATING FUNDS FROM OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40- B183211, NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY SEVEN THOUSAND THREE HUNDRED SEVENTY-SEVEN DOLLARS ($187,377.00), SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; FURTHER 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 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-19-0096 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item PH.1, please see "Public Comment Period for Regular Item(s)," and "End of Consent Agenda." City ofMiami Page 65 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 PH.2 RESOLUTION 5552 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY'S ANTI- POVERTY INITIATIVE ("API") IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED NINETY-FIVE THOUSAND DOLLARS ($195,000.00) TO FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC., FOR ITS EDUCATIONAL, VOCATIONAL, AND SOCIAL SERVICES PROGRAMS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0097 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item PH.2, please see "Public Comment Period for Regular Item(s)," and "End of Consent Agenda." City of Miami Page 66 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 PH.3 RESOLUTION 5553 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY'S ANTI- POVERTY INITIATIVE ("API") IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-FIVE THOUSAND DOLLARS ($135,000.00) TO MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION FOR THE WHEELS TO WORK PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0098 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item PH.3, please see "Public Comment Period for Regular Item(s)," and "End of Consent Agenda." City of Miami Page 67 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 PH.4 RESOLUTION 5539 Office of Resilience and Sustainability 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/PROPOSAL METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("MIAMI") FOR THE PROFESSIONAL SERVICES OF THE URBAN LAND INSTITUTE ("ULI") ADVISORY PANEL, AND ALL WORK OF ULI IN RELATION THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED ADVISORY SERVICES AGREEMENT BETWEEN MIAMI AND DOWNTOWN DEVELOPMENT AUTHORITY ("DDA"), AS SPONSORS, AND ULI AS THE SERVICE PROVIDER, TO OBTAIN WRITTEN ADVICE AND RECOMMENDATIONS FROM ULI ON RESILIENCE, ECONOMIC DEVELOPMENT, AND PLANNING STRATEGIES FOR THE MIAMI WATERFRONT AT A TOTAL COST OF $135,000.00, WHICH SHALL BE DIVIDED EQUALLY BETWEEN THE DDA AND CITY, WITH EACH PUBLIC AGENCY PAYING A TOTAL OF $67,500.00 FOR THE PANEL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE ADVISORY SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0099 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item PH.4, please see "End of Consent Agenda." City of Miami Page 68 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 PH.5 5428 Department of Housing and Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, 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 ("CITY CHARTER"), AND SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO TRANSFER, WITH AFFORDABLE/WORKFORCE RENTAL HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, THE CITY -OWNED PARCELS OF LAND LOCATED AT 1305, 1321, 1331, 1341, 1361, 1320, AND 1370 NORTHWEST 61 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO LIBERTY RENAISSANCE APARTMENTS LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE DEVELOPMENT OF AFFORDABLE/WORKFORCE RENTAL HOUSING IN ACCORDANCE WITH SECTION 29-B(A) OF THE CITY CHARTER; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0100 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item PH.5, please see "End of Consent Agenda." City of Miami Page 69 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 PH.6 RESOLUTION 5468 Department of Real Estate and Asset Management 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 FINDING, 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 AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND ULTIMATE CATERING, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("CONCESSIONAIRE"), FOR THE PROVISION OF CONCESSION OPERATIONS IN THE CITY OF MIAMI POLICE HEADQUARTERS BUILDING, LOCATED AT 400 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PREMISES") WITH A MONTHLY USE FEE OF FIVE HUNDRED DOLLARS ($500.00), PLUS TEN PERCENT (10%) OF MONTHLY GROSS REVENUES, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. ENACTMENT NUMBER: R-19-0101 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item PH.6, please see "End of Consent Agenda." END OF PUBLIC HEARINGS City ofMiami Page 70 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 RE - RESOLUTIONS RE.1 RESOLUTION 5554 Commissioners and Mayor RE.2 5533 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING GRANT FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000.00) TO THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR THE YOUTH EMPLOYMENT PROGRAM. ENACTMENT NUMBER: R-19-0102 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item RE.1, please see "Public Period for Regular Item(s), " and "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "POINCIANA INDUSTRIAL PARK INTERMODAL LOGISTICS CENTER, HB 5001" AND APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000.00) ("FUNDS") FROM THE STATE OF FLORIDA ("STATE") DEPARTMENT OF ECONOMIC OPPORTUNITY ("DEO"); AUTHORIZING THE CITY MANAGER TO ACCEPT THE FUNDS FROM THE STATE, THROUGH THE DEO, AND TO NEGOTIATE AND EXECUTE AN AGREEMENT AND ANY AND ALL OTHER NECESSARY RELATED DOCUMENTS WITH THE DEO, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE AND ADMINISTRATION OF THE FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT AND ANY AND ALL OTHER NECESSARY RELATED DOCUMENTS WITH MIAMI-DADE COUNTY ("COUNTY"), ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ADMINISTRATION OF THE FUNDS AND REIMBURSE THE COUNTY UPON RECEIPT OF THE FUNDS FROM THE STATE. ENACTMENT NUMBER: R-19-0103 City ofMiarni Page 71 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item RE.2, please see "Public Comment Period for Regular Item(s)," and "End of Consent Agenda." RE.3 RESOLUTION 5592 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA LEGISLATURE TO ADOPT SENATE BILL 438, THE FLORIDA INCLUSIVE WORKFORCE ACT, A BI-PARTISAN ACT THAT PROMOTES FAIRNESS AND MODERNIZES FLORIDA LAW BY PROHIBITING DISCRIMINATION BASED ON SEXUAL ORIENTATION AND GENDER IDENTITY; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS LISTED HEREIN. ENACTMENT NUMBER: R-19-0085 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item RE.3, please see "Public Comment Period for Regular Item(s)," and "End of Consent Agenda." Chair Russell: Did you want to take up RE.3 this morning? Mayor Francis Suarez: Yes, please. We have some -- Chair Russell: I know we have some special guests here for that item. Mayor Suarez: Correct. Chair Russell: So if you could draw your attention, gentlemen, to RE.3. I would very much like to co-sponsor this item with you. I really appreciate you putting this together, and with those who are here from SAVE (Systematic Alien Verification for Entitlements). And with that, I'll open up public discussion for Item RE.3, please, if there's anyone here who'd like to speak on RE.3, specifically. Commissioner John Elizabeth Aleman: Good morning. Good morning, Mayor Suarez. Chair Russell: Thank you. Commissioner Aleman: Commissioners. I'm Commissioner John Elizabeth Aleman, from Miami Beach, and I want to thank you for welcoming me to your City and to your chamber. I am here to talk about the Florida Inclusive Workforce Act, which I was very proud to sponsor myself, support for in the City of Miami Beach, so I City of Miami Page 72 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 wanted to just come and share with you what prompted me to do that, and why I am proud to do that. And it's really two major things that I wanted to share with you; one just as a mother. I think it's really important for all of our community's children, all of our boys and girls to know that they live in a city, in a county, in a state where they're going to be afforded every opportunity, you know; that we want the best for our children, and I think that they need to hear that message from us. And the right to be treated fairly and equitably in the workplace is really fundamental. You may not know about me -- some of you know me, some of you don't -- that I, prior to being a Commissioner in the City of Miami Beach, was a technology executive, and I was an executive for two of the Fortune 500 companies in Miami -Dade County, and for 20 years was directly involved in recruiting, attracting, and retaining top talent to work, you know, in our industry, in the technology industry in Miami -Dade County, and that is a tall order. And the Florida Inclusive Workforce Act sends a message to workers all around Florida, all around the country, and all around the world that they're going to receive every opportunity to thrive in their careers; that Miami - Dade County is an excellent place to work, and it really will help us. It's good for business, it's good for our families, it's good for our City and our County, and I hope that you will resolve to support the Florida Inclusive Workforce Act today. Thank you for having me. Commissioner Reyes: Mr. Chair -- Chair Russell: Thank you. Yes. Commissioner Reyes: -- just so -- clarify, this bill prohibits any type of discrimination for employers, you see. In the workplace, nobody can discriminate. And what -- and do -- don't we have a Federal law that prohibits that, too? Commissioner Aleman: No. Commissioner Reyes: No? Commissioner Aleman: I don't think so. Commissioner Reyes: Okay. Commissioner Aleman: I don't think so, no. Commissioner Reyes: But we should. Commissioner Aleman: We should. Commissioner Reyes: Okay. Vice Chair Gort: I'll co -- Unidentified Speaker: Anyone else? . Chair Russell: Thank you. Vice Chair Gort: I'll be a co-sponsor. Chair Russell: Thank you, Commissioner. Mayor Suarez: And I would just add, Mr. Chair, that it also brings the State law in conformity with our Bill of Rights, our Charter's Bill of Rights. Chair Russell: For the record, Commissioner Gort would also like to co-sponsor it. City of Miami Page 73 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: So would I, Mr. Clerk, and I'll be happy to make the motion for it. Chair Russell: There has been a motion -- Commissioner Reyes: Second. Chair Russell: -- and a second. We'll continue with public comment, please. Mr. Richardson. State Representative David Richardson: Good morning, Commissioners, Mayor. It's my pleasure to be here. My name is David Richardson. I'm the former State Representative for Miami Beach and Miami. And I just want to say it's my first time back here since I finished my term of office in November. It was a great pleasure representing the City in Tallahassee during six years. I'm very proud that -- to see the ribbon -cutting on the Seybold Canal. I don't know if you know, but when I was a first year freshman, I got the first 250,000 of State funding for that, so I'm very proud that we finally got some more money. I, too, am here to speak on behalf of this resolution, in support, and just want to give you a very brief history. You know, there's been a competitive workforce bill that's been in Tallahassee for 14 years. It's very broad. It's inclusive of the LGBT (Lesbian, Gay, Bisexual, Transgender) community, but it includes public accommodation, employment, and housing. And that bill, sadly, has been stalled. It was heard once three years ago in the Senate, and failed. And so, some of us collectively have decided to take a new approach, a new strategy to try to take a smaller bite at the apple, and we're starting with employment. That does not mean that we do not want to pursue housing and public accommodation in a statewide bill, but we recognize that we need to take a different approach. And so, I'm here to support this. I would encourage you to pass this resolution, so we can send a strong message that we have broad support. And with that, if you have any questions, I'm happy to answer -- Commissioner Reyes: Thank you. State Representative Richardson: -- but thank you for your time. Chair Russell: Thank you very much. Vice Chair Gort: Thank you for your services. Chair Russell: Anyone else like to speak publicly on this item? Jessica Fernandez: Good morning, Mr. Chair, Mr. Mayor, Commissioners. Thank you for the opportunity to be here. My name is Jessica Fernandez. I'm the Chair of the Miami Young Republicans, and I also started this group called Conservatives on the Right Side of Equality. Let me just back up a little bit. I'm a daughter of Cuban exiles, so the issue of freedom and human rights is really paramount and key to who I am as a person. And I'm an ally of the LGBT community, and it really makes a lot of sense for me for the State to be able to pass this type of bill. We need all people working; all people of all different types to be working. When we have a strong state of everybody working, our economy works better, families are stronger, our economy is stronger. This just makes sense. We need to make sure that anybody who wants to work, anyone who wants to get ahead has that opportunity. We're so blessed to live in this County and this City where we have those protections. Unfortunately, those protections don't extend to all Floridians throughout the State. So I think this Commission passing this resolution would send a strong message to Tallahassee that Miami -- this area really stands for equality. Thank you so much for the opportunity. City of Miami Page 74 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: Thank you. Commissioner, did I -- how many co-sponsors do we have on this right now? I believe you also mentioned --? Vice Chair Gort: Everyone. Commissioner Reyes: I think all -- the whole Commission. Vice Chair Gort: Unanimous. Chair Russell: Would you like to co-sponsor? Unidentified Speaker: Sure. Chair Russell: This is a change in the City of Miami, and it really says that we are moving forward. In the past, this may have been a partisan issue, but it never should have been. The issues of sexual orientation and gender identity -- Commissioner Reyes: Or any other type -- Chair Russell: -- elevate us -- or any discrimination -- Commissioner Reyes: Any discrimination. Chair Russell: -- but those two, in particular, had been left out of so many resolutions and ordinance in the past. And the fact that we can stand together, proudly, bravely, on this issue and support our community -- that's our job, and it's really great to see a unanimous front of this Commission; that this issue is no longer a partisan issue. So I'm sorry; I didn't mean to interrupt your public comment. Arianna Lint: Good morning. Thank you for the opportunity. My name is Arianna Lint. I am a CEO (Chief Executive Officer). I'm founder of Arianna Center, who educate, empower, and lift up the transgender community in South Florida. We're serving more of 250 transgender individuals in -- every year, in different counties and different cities. And we are -- co-sponsor this project -- or this opportunity, because we think, as transgender individuals, we faces a lot of discrimination in workplace. I am a immigrant. I am -- used to be work in the Health Department. I am a direct -- I former Director of different agencies, and I know how United States is so great, when you working hard, when you every day wake up and go to a workplace and working hard for your dreams, and your dreams come true. But for transgender individuals, especially for gender identity in South Florida, it's so difficult, and we have data. So we ask for, please, to the -- all Commissioners in the City of Miami, they can support this project. Thank you. Chair Russell: Thank you. Anyone else like to speak? Mr. Lima, welcome. Antonio Lima: Good morning, Mr. Chair, Mr. Mayor and Commissioners. I think I'm up here just to say thank you. I think this is a historic moment for our City. For those of you that don't know who I am, I am the Executive Director of SAVE, which is our State's longest -serving LGBT rights organization, and we're based here in Miami -Dade County for the last -- almost 26 years. I'm also your recent appointee by the Mayor as your LGBTQ (Lesbian, Gay, Bisexual, Transgender, and Queer (or questioning) liaison; I believe the first one in the history of the City of Miami, as well. So I very proudly stand here and urge you to pass this resolution to protect us all in the workplace. This is an issue where a good 60 percent of our State is protected because of local ordinances, like we have in Miami -Dade County, Broward, and Monroe. But there are a series of other folks really suffering, not being able to work, not being able to provide for themselves and their families, and it's really important for us to stand together and send a strong message to City of Miami Page 75 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Tallahassee, and say that we are for the protection of everyone in the workplace, so thank you so much. Chair Russell: Thank you, Mr. Lima. Welcome. Luis de Rosa: I'll be very brief. I'm here actually for PA.1, but we -- I'm Luis de Rosa, with the Puerto Rican Chamber. I'm the father of a son who, about 10 years ago, just told the family that he was a homosexual, he was gay, and we said, "We love you. You're still our son. You're a son of God. You're a son of our family. We support you." And he just recently got married with a fellow from Italy, so now we have many cultures in -- not only Puerto Ricans, but Italians in our family. And we support this initiative, Mayor. We support, and we thank you, Commissioners, for being brave and looking towards the future, and making things right for all of us, because we all -- at the end of the day, we're all Americans. Thank you. Chair Russell: Thank you for your comments. Any more? If anyone else, please just approach the lectern, so we can sort of gauge the public comment remaining. Rick Siclari: I'll be very brief. Good morning, everyone. I'm Rick Siclari. I've been the CEO of Care Resource for many years now, and for those of you that don't know, we are federally -- a federally -qualified health center, and our focus has historically been on HIV (human immunodeficiency virus), AIDS (acquired immune deficiency syndrome), and more broadly, the LGBT community. And I'm here to tell you that we still see and live this discrimination every day in our patients, and it affects their mental health, and it affects their overall health and well-being. So it's still very much alive, and we need this protection. On a personal level, I just want to tell you that I left Boston 28 years ago when I finished graduate school, and I moved to Miami. And people said, "Why are you leaving this sophisticated, elite city for Miami?" I could not be prouder today than to be standing here, saying, "I'm a Miamian," because of this resolution. Thank you. Chair Russell: Thank you. Next speaker, please. Natalia Paben: Hello. Good morning, everyone. My name is Natalia Paben, and I'm an advocate for Arianna Center and SAVE. And I'm here to bring a voice so that the bill can be passed for the Workforce Act, and that for me, as an experience as a transgender individual, I know how hard it is so that we can remain and engage in the work field, where so many discrimination happening with us. And so, I would like to have in a moment to see that if -- you know, if this bill can be passed, it'll give a great opportunity and a chance for our young youth that are coming up that is looking forward to -- in the workforce, and to create diversity so that we can all have a productive and a greater Miami. Thank you. Chair Russell: Thank you for your comments. Anyone else, please? All right. We have a motion and a second on the floor. We have four co-sponsors at the moment. Is there any discussion on the dais? Commissioner Hardemon: I just want to add -- just to make it unanimous; unanimous co-sponsorship is fine. Chair Russell: Thank you, Commissioner Hardemon. That means a lot. That means a lot from this Commission to stand together, and I really appreciate everyone supporting the Mayor on this initiative, and his new liaison to bring policy that we can all get behind. Any further discussion, gentlemen? There's been a motion and a second; unanimous sponsorship. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 76 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: Any opposed? Motion passes. Mayor Suarez: Thankyou. Chair Russell: Thank you. Commissioner Reyes: Thankyou, Mr. Mayor. Mayor Suarez: Thankyou, Commissioners. (Applause.) Chair Russell: Thank you very much. RE.4 RESOLUTION 5422 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED ONE MILLION, TWO HUNDRED THIRTEEN THOUSAND, FIVE HUNDRED FIFTY-SIX DOLLARS ($1,213,556.00) FOR THE CONSTRUCTION OF MIAMI MARINE STADIUM - PHASE 2 - PILING RESTORATION ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2019-2020 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO; FURTHER AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS IN AN AMOUNT NOT TO EXCEED ONE MILLION, FOUR HUNDRED SIXTY-SEVEN THOUSAND, EIGHT HUNDRED TWENTY-FIVE DOLLARS ($1,467,825.00) FROM OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B30688 IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2019-2020. ENACTMENT NUMBER: R-19-0104 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item RE.4, please see "End of Consent Agenda." City of Miami Page 77 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 RE.5 RESOLUTION 5584 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED ONE MILLION, NINE HUNDRED NINETY-NINE THOUSAND, FOUR HUNDRED EIGHTY DOLLARS ($1,999,480.00) FOR THE DINNER KEY MARINA- PHASE 2 - MARINA REDEVELOPMENT PART 1 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF AN AWARD OF THE GRANT FOR FISCAL YEAR 2019-2020 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-19-0105 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item RE.5, please see "End of Consent Agenda." City of Miami Page 78 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 RE.6 RESOLUTION 5402 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED SEVEN HUNDRED SEVENTY-TWO THOUSAND, THREE HUNDRED EIGHTY-NINE DOLLARS ($772,389.00) FOR THE CONSTRUCTION OF THE BAYWALK BEHIND THE FIRST PRESBYTERIAN CHURCH AT 609 BRICKELL AVENUE, MIAMI, FLORIDA ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF AN AWARD OF THE GRANT FOR FISCAL YEAR 2019-2020 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-19-0106 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item RE.6, please see "End of Consent Agenda." City of Miami Page 79 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 RE.7 RESOLUTION 5403 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED ONE MILLION, TWO HUNDRED FIFTY THOUSAND DOLLARS ($1,250,000.00) FOR THE CONSTRUCTION OF THE VIRGINIA KEY BOAT LAUNCH AND TRAILER PARKING ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF AN AWARD OF THE GRANT FOR FISCAL YEAR 2019-2020 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-19-0107 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item RE.7, please see "End of Consent Agenda." City of Miami Page 80 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 RE.8 RESOLUTION 5495 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED FOUR HUNDRED EIGHT THOUSAND, FIVE HUNDRED NINETY-FIVE DOLLARS ($408,595.00) FOR THE DESIGN AND PERMITTING OF A SEAWALL, RIVERWALK, AND KAYAK LAUNCH PHASE 1 AT SEWELL PARK ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2019-2020 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-19-0108 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: For minutes referencing Item RE.8, please see "Public Comment Period for Regular Item(s)," and "End of Consent Agenda." City of Miami Page 81 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 RE.9 5306 RESOLUTION MAY BE DEFERRED Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING AND ACCEPTING A DONATION Management OF $800,000.00 ("FUNDS") FROM MIAMI-DADE COUNTY ("COUNTY") PURSUANT TO COUNTY RESOLUTION NO. 650-18 ADOPTED ON JULY 10, 2018 APPROVING THE ALLOCATION OF $800,000.00 FROM BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM NUMBER 220 - "ACQUIRE OR CONSTRUCT MULTI -PURPOSE FACILITIES," FOR THE PURPOSE OF RENOVATING AND EXPANDING TWO (2) EXISTING CITY OF MIAMI OWNED BUILDINGS CURRENTLY OPERATED BY SOUTHWEST SOCIAL SERVICES PROGRAMS, INC. ("LICENSEE") AS THE DR. ARMANDO BADIA SENIOR CENTER LOCATED AT 25 TAMIAMI BOULEVARD, MIAMI, FLORIDA (A/K/A FLAGAMI PARK); FURTHER AUTHORIZING THE CITY MANAGER TO DONATE THE FUNDS TO THE LICENSEE FOR THE PURPOSE OF RENOVATING AND EXPANDING THE FACILITY AND TO EXECUTE A GRANT AGREEMENT AND ANY OTHER DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO AUTHORIZE THE ACCEPTANCE AND DONATION OF SAID FUNDS TO THE LICENSEE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.9, please see "Order of the Day." City of Miami Page 82 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 RE.10 RESOLUTION 5593 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO PRESENT A REPORT ON THE CURRENT STATUS OF THE NEGOTIATIONS FOR THE PROPOSED GROUND LEASE AND MASTER DEVELOPMENT AGREEMENT ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI FREEDOM PARK, LLC ("MFP"), FOR APPROXIMATELY SEVENTY-THREE (73) ACRES OF CITY - OWNED PROPERTY LOCATED GENERALLY AT 1400 NORTHWEST 37TH AVENUE, MIAMI FLORIDA, AT THE NEXT CITY COMMISSION MEETING; FURTHER DIRECTING THE CITY MANAGER TO PRESENT ANY NEGOTIATED LEASE FOR REVIEW, CONSIDERATION, AND APPROVAL BY THE MIAMI CITY COMMISSION PRIOR TO THE NOVEMBER 2019 GENERAL MUNICIPAL ELECTIONS; FURTHER INSTRUCTING THE CITY MANAGER AND CITY ADMINISTRATION THAT NO OUTSIDE CONSULTANTS, LAW FIRMS, REAL ESTATE APPRAISAL OR BROKERAGE FIRMS, OR SIMILAR CONSULTANT SHALL BE RETAINED WITHOUT FIRST SECURING CITY COMMISSION APPROVAL IN EACH SUCH INSTANCE. ENACTMENT NUMBER: R-19-0117 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Gort, Carollo, Reyes, Hardemon NAYS: Russell Note for the Record: For additional minutes referencing Item RE.IO, please see "End of Consent Agenda." Chair Russell: I'm going to close this item and move to RE.10, negotiations for the Miami Freedom Park. I believe we have two sponsors on this item. You're welcomed to -- Commissioner Carollo: Yes. Commissioner? Commissioner Reyes: Yes, sir. Go right ahead. Commissioner Carollo: Well, all that -- let me go to 10 here. Commissioner Reyes: Well, let me -- while you look for it, I -- let me explain what - - why we brought this up, and in particular, me, and I want to make an amendment. Madam City Attorney, instead of reading, "Before the November" -- `prior to the November 2019 General Election," except it will read, "No later than the meeting on September 16, 2019." Victoria Mendez (City Attorney): We will amend the legislation. Commissioner Reyes: Okay. Chair Russell: Is that a motion? Commissioner Reyes: This is a motion for an amendment. City of Miami Page 83 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: What's the --? Chair Russell: Well, we need the item moved. It's RE -- Commissioner Reyes: It's September 12. It's September 12. Chair Russell: -- 10. Commissioner Carollo: What's the page number? Chair Russell: I'll pull it up for you. Commissioner Reyes: 22. Chair Russell: There you go. Commissioner Carollo: Okay. Now, here is something else that -- Chair Russell: Do we have -- we have a -- let me get a second on the motion, though. We have a motion with an amendment. Commissioner Reyes: I have a motion and a -- with an amendment. Chair Russell: Yes. Is there a second? Commissioner Carollo: There is a second for the purpose of discussing it. Chair Russell: Got it. Commissioner Carollo: As I'm reading this -- Chairman, you want to input in this or --? Chairman? Mayor Francis Suarez: Sure. Would you like my input? Commissioner Carollo: Yeah. Mayor Suarez: Okay, great. Chair Russell: Mr. Mayor, you're recognized. Mayor Suarez: Thank you. Thank you, Mr. Chair. Commissioner Carollo: It's like the Venezuelan Army now; everybody's the Chair. They're all Generals there. Mayor Suarez: Okay. You ready? Commissioner Carollo: We're ready. Mayor Suarez: Great. So my perspective is, I don't have any issue, obviously, with the Manager issuing a report. I don't have any issue with the Administration coming back to this Commission with any sort of consultants that they would like to hire, you know, whether it's lawyers or financial consultants, I think. Everything that I've heard has indicated to me that the team wants to go as quickly as possible, so I presume that the Manager will come back to this Commission with those recommendations as quickly as possible. I do have an issue with the deadline, because I think it's an artificial deadline. You know, I -- to me, this is not political. City of Miami Page 84 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 From my perspective, the residents of the City of Miami have authorized us, by a 60 percent vote of all five districts, to negotiate a lease and bring it back to this Commission, and that's what we're going to do. We're going to try to do it as expeditiously as possible. Commissioner Reyes: Yes, sir. Mayor Suarez: There's a variety -- Commissioner Reyes: Yes, sir. I know you don't have an issue with it. May I answer it? Mayor Suarez: Sure. Commissioner Reyes: You don't have an issue with it. You are totally in favor of it. You are -- you and the Manager, you were the major cheerleaders, and -- Mayor Suarez: I was. Commissioner Reyes: -- we had -- even people voted. They voted for the stadium, but they -- I mean, we find out that that group does not exist. It's -- The only owner of this project is only one person, and he was called -- Mr. Beckham was brought here and paraded all over Miami, as there was a vacant stadium. Now we find out that he own -- only owns 10 percent. We also find out that they are dealing with Lockhart. And another thing that is very important to me -- I mean, for me, Mr. Mayor, you know that I have an election on November. I am totally opposed to this project, the way that it was done, without any transparency. And I also think that that the parks shouldn't be developed, and if they're developed, they should go through the process of competitive bidding, and I don't know, because from what I'm seeing, you see, things that had happened, there's going to be an effort to try to get me out of here, you see, and I want to be here when this vote comes to this Commission. I want to make sure that I'm going to be here, and I'm going to vote. I have another Commissioner that -- who was here when the decision was made, which is Mr. Willy Gort, who is the Commissioner of the district; that it is -- his term is ending. And the date of September 12, it is -- it was chosen, because I want it to be before the November election. If it is in October, you can ask for a deferral, and that election will come. And you don't know who's going to be here, and people that they are really -- and they have their opinion, and they went through all the process. They're not -- I'm not going to be here to vote for it or against the project. Mayor Suarez: Mr. Chair? Thank you. Yeah, I can't disagree with a lot that you said, in terms of what your perspective is. Certainly, I've been a big proponent of this. Certainly, you've been a big opponent of it, and I think you've articulated all the reasons why you don't like it, and I respect that that's your perspective. Having said that, you know, from my perspective, this was a deal that was approved by 60 percent of the voters in all five Commission districts. I believe that, at this point, as long as what is negotiated is as good or better than what the residents of the City of Miami voted on, I feel an obligation as Mayor to bring forth that deal to this Commission. My humble expectation is that it be a five -to -nothing vote of this Commission, because I feel that we all have an obligation to listen to our residents. We were very, very clear with our residents as to what the parameters of the deal were; minimum of approximately three and a half million dollars in rent, or 5 percent of rent (UNINTELLIGIBLE), less CAM (Common Area Maintenance), whichever is greater; a 60-acre or 58-acre park, which will be decontaminated at the team's expense; $20 million to renovate or improve the park; $5 million for a bay walk; 23 additional acres of soccer fields on top of a ground floor parking; minimum of a billion dollars of revenue for the City of Miami in bringing MLS (Major League Soccer) soccer -- City of Miami Page 85 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: What do you mean, a billion dollars? How do you come to that figure, sir? I mean, because I have seen people throwing numbers like that, and I haven't seen of any analysis or any study. Billion dollars, $3 billion. They are -- I have heard 40 billion -- $40 million taxes for the City of Miami. That's not true, because you have -- you're including sales taxes that they go to Tallahassee. I mean, our people have been informed. And let me tell you this, sir -- and I don't -- I mean, you can play politics with this as much as you can. I was voted as Commissioner for the City of Miami to look for the -- I mean, to vote according to what I think it will benefit the City of Miami and the residents. And this deal I think that stinks, this is not a good deal for the City of Miami. And besides that, besides that, I see -- I think that parks [sic] shouldn't be developed, you see. We cannot -- what are we going to do next? We're going to go to Regatta? Because this is not a stadium deal; this is a real estate development, and that's -- I mean, you can call it whatever you want. It's a million square feet of business, 750-room hotel. And you can call it whatever you want. This is just a real estate development that we are giving to only one individual, one individual. When we were told that it will be a group of people, one individual is going to have the power to develop 73 acres of parkland, you see. And I think that the residents of the City of Miami, the voters, in my opinion, they were misled. They were voting for a stadium, and the least that we're doing now is a stadium. They were voting for a stadium that they thought that it was Beckham stadium, and now Beckham only owns about 10 percent, you see. Mayor Suarez: May I, Mr. Chair? Chair Russell: Yes. Mayor Suarez: Thank you. Chair Russell: Mr. Mayor. Mayor Suarez: So I -- again, I think your position is clear. I have no reason to doubt that you don't like the deal or you think it's a bad deal, and all the other things that you mentioned. The number of a billion dollars that I mentioned is a combination of two numbers: The first number is the minimum rent for land lease, which is $3.5 million. That's a minimum number. So the number could actually be higher than the 3.5 million. The other balance is the projected tax revenue that's going to be generated from the property that is developed on the parcel, and that is projected at $6 million a year. So it's about 9.5 million a year, conservatively. The reason why I say "conservatively" is because those two numbers are going to grow. Number -- the lower number, the 3.5, it's the greater of -- 5 percent of CAM, less -- I'm sorry -- 5 percent of gross revenue, less CAM, or $3.5 million, whichever is greater; and the other number, which is $6 million approximately, is a property tax number. As the value increases -- and, you know, obviously, I'm not going to use the last six years, because that would really -- I mean, we would be -- then we 'd be making 3 or 4 or $5 billion on the deal, but -- Let me finish. Commissioner Reyes: Yes, sir. Mayor Suarez: As the property increases in value, we're going to receive more in taxes. So the minimum we're going to get on day one, once the structures are built, is $9.5 million. Commissioner Reyes: You are projecting this over the 99 years of -- Mayor Suarez: No. When you multiply -- Commissioner Reyes: -- over the nine year -- Mayor Suarez: Yes. City of Miami Page 86 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: 99 -- Mayor Suarez: Of course. Yeah. Commissioner Reyes: I mean, so you could have -- Chair Russell: One at a time, please. Commissioner Reyes: -- something like that. Mayor Suarez: That's what I'm saying. So when you multiply that by 99 years, nine -- $10 million by 99 years is a billion dollars in revenue. When you compare that, for example, to the Marlins Stadium, it's going to cost, after interest, a couple of billion dollars to the taxpayers of the City of Miami. So you have a deal here where you're generating a billion dollars of revenue, and another deal that's costing the taxpayers multiple billions of dollars. So to me, they're different deals, number one. Number two, all these provisions were placed into the ballot question that the residents voted on, so I think it was very clear what they were voting on, and those components -- every single component that I've mentioned was in the ballot language. Commissioner Reyes: Question, sir: You think this is a great deal? Mayor Suarez: Yeah, absolutely. Commissioner Reyes: Is that the best deal we can have? Why don't we bring it -- we brought it to -- I mean, what we're -- competitive bidding. If you wanted to develop this area, we should have gone to competitive bidding, and then we will know if it is the best deal or not. This was a deal that it was cooked before it was brought here by -- I don't know whom -- and the people that -- I mean, very well- connected, very well -financed, very rich people, and there was -- the process of competitive bidding was totally bypassed, and people voted, they voted to authorize the bypassing of the competitive bidding. That's what they voted. And for people to go into, I mean, negotiations with you guys, and to bring that to the Commission, and then the Commission will decide the final outcome of this deal. Mayor Suarez: I agree. Commissioner Reyes: You see. That's it. But we didn't -- we don't know it's the best deal, because we never went into competitive bidding. Mayor Suarez: Well, we're negotiating the deal now, so we're -- we will bring you the best deal, and then we'll go from there. Chair Russell: Commissioner Gort. Vice Chair Gort: DREAM (Department of Real Estate and Asset Management), I got a question for DREAM. Chair Russell: Mr. Rotenberg. Vice Chair Gort: The acre was value, what was the -- Mr. Rotenberg: Again? Sorry? Vice Chair Gort: The value of the land when it was -- when they did the -- what do you call them? City of Miami Page 87 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: The appraisal. Vice Chair Gort: Appraisal. Mr. Rotenberg: We got different values, but the one that I really think was the most accurate was close to about $200 million. Vice Chair Gort: $200 million. Mr. Rotenberg: Yes, sir. Commissioner Carollo: $200 million? Vice Chair Gort: The whole area? Mr. Rotenberg: If it was completely rezoned and changed, and went out to bid as a regular zoned property. Vice Chair Gort: Is that the -- the deal was based on that amount? Mr. Rotenberg: We can't. We have to rezone it, and we have to keep parkland in it. Vice Chair Gort: Right, but the rezoning has to be done. Once the rezoning takes place, the land value changes quite a bit. Mr. Rotenberg: Structured right now, we have a base from where to go on, and as we move, we're going to get close to that number. Vice Chair Gort: Okay. Commissioner Carollo: Well, if I may ask, did you use the same measuring stick on this that you used at the MRC (Miami Riverside Center), or you used a different one? Mr. Rotenberg: In which detail? Commissioner Carollo: The financial one. Mr. Rotenberg: That's an unqualified question -- Commissioner Carollo: Yeah. Mr. Rotenberg: -- and you and I have discussed the negotiations. Commissioner Carollo: Well, you did -- Mr. Rotenberg: You did know (UNINTELLIGIBLE) -- what I'm doing with this. Commissioner Carollo: -- make a statement that you feel that if it had all the appropriate zoning changes, it would be at least 200 million. Mr. Rotenberg: That's the value -- the appreciation and value of the property. Commissioner Carollo: Of the land, of the land. Mr. Rotenberg: Yes. City of Miami Page 88 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: Now, the more you put into it -- and there's a lot that's being put into it, of course -- the greater value it has, correct? Mr. Rotenberg: Correct. Commissioner Carollo: All right. What value, for the purpose of entering into these negotiations, did we put on the land, so I can get an idea of what we used? Mr. Rotenberg: We didn't use that approach right now. We have a base that -- Commissioner Carollo: Okay, that's fine. You didn't use that approach. That's fine. Now, can you tell me -- the Bayside lease that we have downtown next to Bayfront Park, approximately how much is that paying us a year? Mr. Rotenberg: Off the top of my ahead, I don't know the number. I believe it's $2 million. Commissioner Carollo: Okay. Just $2 million right now? Mr. Rotenberg: They have percentage rent in there also -- Commissioner Carollo: Yeah. Mr. Rotenberg: -- so I have to look at what the actual base rent is, plus percentages. Commissioner Carollo: Okay. Can you get someone to -- from your staff to look for us, so that at least we know, you know, before we leave here today? I'd really like to get that. Otherwise, it's going to take me days to get it. Mr. Rotenberg: Yes. But it's the same concept. We have a base rent -- Commissioner Carollo: Yeah, I understand that. That's why -- Mr. Rotenberg: -- plus percentage. Commissioner Carollo: -- I'm asking for numbers. Mr. Rotenberg: Okay. Commissioner Carollo: Flagstone, the numbers that we were supposed to get before all this joy and happiness happened, if you could give me the numbers on that. Do you have any idea, off the top of your ahead, what that might have been? Mr. Rotenberg: Again, they're redesigning it right now. Commissioner Carollo: Well, no, no, no. I don't mean now. I'm saying from -- forget about that -- what happened, happened. The way that it was structured originally, what was the approximate amount that we were expecting to get from Flagstone? Mr. Rotenberg: $2 million a year. Commissioner Carollo: How much? Mr. Rotenberg: 2 million. City of Miami Page 89 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: Okay, 2 million, but that could have grown more. And Flagstone is how many acres of --? Mr. Rotenberg: The base rent was $2 million, and what we would -- Commissioner Carollo: Base rent. Mr. Rotenberg: On all of these deals, we've established a base -- Commissioner Carollo: Base. Mr. Rotenberg: -- plus percentages. Commissioner Carollo: Okay. Now, do the same thing on Jungle Island for us, if you can; that's a little bigger map in acreage, I think, than Flagstone in what we're getting. Even that was kind of a difficult one to look at, because of everything that's happened throughout the years, but I'd like to get this so I could analyze. Even though these -- Mr. Rotenberg: I'm happy to do that, but -- Commissioner Carollo: -- none of these can compare to what we're discussing, because, you know, it's night -and -day difference. Chair Russell: Thank you. Commissioner Carollo: The -- and I want to be clear where I'm at. Where I'm at is exactly the same place of when I voted to put it in the ballot. Right after I voted, I told Mr. Mas, I told Mr. Beckham, and the whole entourage that I expected -- and I do -- a lot more than that 3.5 million, and my future vote would depend on what amount they would pay and if I'm satisfied that that amount is true market value on the property real estate, raw real estate, and all the improvements that are going to be put into it. Now having said that, the Chairman -- you wanted me to call you "Chairman," right? Mayor Suarez: Or 'Mayor"; whatever you prefer. Commissioner Carollo: Well, no. You said "Chairman." Mayor Suarez: Or both. If you want, you can call me both. That's fine too. Commissioner Carollo: Okay, you kept saying "Chairman." Mayor Suarez: (UNINTELLIGIBLE) once. Commissioner Carollo: You can't -- no, you really can't have both; it's one or the other, so you -- Mayor Suarez: Actually, if you read the Charter, I do have both. Commissioner Carollo: Okay. Well, here we go again. Mayor Suarez: You should try that sometime. Commissioner Carollo: Boy, you better read that Charter again; you gave that up. But, you know, you wanted to be called "Chairman," so I'm calling you "Chairman." I'm pleasing you. The vote that we had on this was a vote that was approximately 60 percent, and fairly even in all districts, I think. However, people voted for us to negotiate. That's what he said that we would do. And the voters City of Miami Page 90 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 trust their elected officials to negotiate the best, best deal for them. They didn't vote -- signing their vote in blood that this had to be approved. They voted for us to negotiate the best for the City in this, and "the best" means a lot more than 3.5, and I said that when this got approved. Having said that -- if and anyone wants to disagree with me -- the strong Mayor lost by over 64 percent, but the Chairman kept talking and talking, and still does, that he wants to present this again. So the people spoke. They expressed their will by over 64 percent, but you see that, depends on what it is, people have a difference of opinion. So my whole concerned with this resolution here -- I have no problem with it, and I do feel that elected members that started with this should have an opportunity, regardless of how they feel on the issue, to vote on it before it's finalized. At the same time, look, if we're going to be businesslike about this, this should get finalized this year, not leaving it for convenience, whatever other reason, for another time. Now, at the same time -- and I read this again -- I want to be clear on something. I don't mind the Administration recommending this firm or that firm that we use as consultant or to appraise the project for us, but we choose. We could choose whoever they recommend, or we could bring people up ourselves that we could choose from. We're the legislative body. We're the ones that decide by our vote, and frankly, I think it would serve the people of Miami best for this Commission to decide who we choose, away from the Administration. For all the reasons that we know and we have heard, whether right or wrong, we shouldn't leave that hanging out there. And if you get people that don't have an axe to grind in this, we should get real numbers. You know, always, there's a gap, obviously, that someone could have, but whatever gap different people might have that do appraisal, it's not going to come to 3.5 million, I am sure. It's going to be a heck of a lot more than that, and I'm not counting the tax dollars that we get. That's separate. That is separate. For me, the most important thing in this land is, this is one of a kind. We can't duplicate this ever again in the City of Miami. This is in one of the most key points that we have, next to the airport, right next to the expressways. We have to get the top dollar for this. We have to develop this to the maximum potential so that we could get top dollar for it, and our families, children, grandchildren, can enjoy it for years to come and keep getting more revenue from it. I will tell you that I have no doubt that a mall on that place within the first year is going to become the top producing mall in the United States by square foot, and I'm going to tell you why. And just like I told that nice gentleman that came here the other day, all you got to do is put your hand up and swear under oath, and if you prove what you said, I'll resign. And he didn't want to raise his hand and swear. On this one, I'll bet the whole farm that this will be the top producing mall in America, if it's built there, because we're the gateway to the Americas; a major gateway, probably the second largest gateway to Europe, after New York. All the people that come here to shop from Latin America, particularly, they go to Sawgrass Mill; they'll go to Dadeland, because that was around before; they'll go to Aventura, because there's nothing near the airport. If they knew they had a major mall at the airport, you know what? That's where they're going to shop. They'll get there the day before they leave so they could pack. If they got a couple of extra hours before the plane leaves, they'll probably go back, see what else they could buy, and that's going to be big. So we need to share in that, our residents need to share in that, and we need for whoever builds there to build the most, because it's also going to create many more jobs than just what has been offered now. Having said that, I expect the people in this project to come with a fair market value, if they're going to receive my vote. Commissioner Reyes: Can I -- Chair Russell: Thank you. Commissioner Reyes: -- say something? Chair Russell: Commissioner Reyes. City of Miami Page 91 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: First of all, everything that you're talking about, being a mall there -- You see, the irony of this is that a project like this was offered in -- at the airport, land that is next to the airport, and it was called `Airport City," and our City Manager closed it down, because he said that wasn't a good deal. It wasn't a good deal next to the airport. And another thing that I want to ask is this: Who is negotiating? Because I heard the -- Mr. Mayor saying that we are doing -- we are negotiating -- Mr. Mayor, you're negotiating this deal? Mayor Suarez: Well, I'm the Chief Executive Officer of this organization, so I'm part of the negotiation team, yes. Commissioner Reyes: You are part of the negotiation. Who is the negotiating team? Mayor Suarez: We haven't established that. Commissioner Reyes: Okay. Mayor Suarez: That's part of the (UNINTELLIGIBLE). Commissioner Reyes: No. Wait a minute. Up to now, you said, "We are negotiating." I mean, I don't know. It's -- to me, you know, it's kind of putting the - - placing the fox guarding the hen house when I -- we have the two chief cheerleaders for this project that they haven't -- they see nothing wrong with it. They think that there's a great deal, and they have been cheerleading, selling it to everybody; negotiating a deal. Mayor Suarez: Mr. Chair, if I may? Chair Russell: Yes. Mayor Suarez: Thank you. Look, again, I don't disagree that I am a cheerleader for the deal, absolutely. I am certainly in agreement that I think this is a wonderful deal for the residents of the City of Miami. In fact, if you assume a reasonable rate of growth in taxes -- and we happen to have the former tax collector that works for us, so it's really helpful -- the total value to the City will be -- and I think it's a 3 percent growth rate. We 've been growing 10 percent the last six years, so 3 percent is much more conservative. We would actually receive $4.6 billion worth of taxes -- Commissioner Reyes: In 99 years. Mayor Suarez: -- in 100 years. Ninety-nine years. Commissioner Reyes: Hundred years. Mayor Suarez: Hundred years. Commissioner Reyes: That's right. If that's the best deal, why don't we bring it to a competitive bidding? Mayor Suarez: So my perspective is -- First of all, it would -- to me, it's a sham to do a competitive bid, because if you're -- Commissioner Reyes: No, there's no sham. There are some people that are -- now there are some people that are bidding against the masses in Fort Lauderdale. Chair Russell: One at a time, just so that we don't cross lines. City of Miami Page 92 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mayor Suarez: And to be clear, in Fort Lauderdale, they offered them the land for free, plus $17 million to build the practice facility. So they're getting free land and a $17 million subsidy to build a practice facility. We're getting, depending on how you want to do the math, somewhere between a billion dollars and, potentially, 4.6 just on the taxes alone. Commissioner Reyes: And they're getting 73 acres that is farmland. Mayor Suarez: And they're paying for it. Commissioner Reyes: In Fort Lauderdale they're not getting anything; it's only a stadium that they're going to renovate. Chair Russell: Now, come on, guys. Commissioner Carollo: Let me give you a -- Commissioner Reyes: A stadium is not -- Chair Russell: Please, we're turning it into a roundtable conversation. I'd like to keep it one at a time. Commissioner Reyes: Okay. Let's vote on this. Chair Russell: Please, just one at a time to be recognized, and I'll make sure everyone gets heard. Commissioner Carollo: Chairman Russell, ifI could speak to Chairman Suarez? Mayor Suarez: Of course. Commissioner Carollo: Is that okay with you, Chairman Hardemon? Where did he go? Anyway -- Mayor Suarez: You can call me "Mayor" slash "Chairman," if you want. Commissioner Carollo: Well, you were the one that said, "I'm the Chairman, " so I Mayor Suarez: I am. Commissioner Carollo: -- was trying to appease you. Anyway -- Mayor Suarez: Thank you for that. You're so -- Commissioner Carollo: I want to -- Mayor Suarez: -- generous. Commissioner Carollo: -- give you a little bit of history on Broward, so that you don't flag Broward so much, and they should think about Broward. When -- the last time the MLS had a team in South Florida, that team was committed to come to Miami. The President of the MLS franchises negotiated that with us. That's when I was Mayor of the City. It was supposed to go to the Orange Bowl, the old Orange Bowl that we had. They were getting owners for the team. We didn't know who the owners were going to be. The MLS Chairman negotiated with us, the City of Miami, before the new owners were voted upon by all the other owners. The person that got the franchise at the time was not the expected one, and he came to me and City of Miami Page 93 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 says he was not going to honor the agreement that we had with the MLS Chairman. He wanted a sweetheart deal, and I was very blunt with him. I said, "Listen, you 've gotten a good deal already. We're not going to give it to you for free." His words to me at the time were something to the effect that, "Look at the neighborhood you have, with the kind of people that you have," and so on and everything. And that's when I said, "Enough." He decided to go to Broward, because they put in front of him a few carrots, and the outcome was what I told him. I said, If you go to Broward instead of being here, it's not going to be long before you don't have a franchise any longer," and that's what happened. So I'm not concerned with Broward, because if that's what they want to do for any reason, they will not have a franchise after a few years. The place for soccer -- Mayor Suarez: I don't (UNINTELLIGIBLE) that. Commissioner Carollo: -- is Miami -Dade County. And as I stated before, you know, I'm not a big soccer guy. You know, growing up in Chicago, we played football. That was a little more, you know, of a Chicago type of game, at least back in those years, and then I played baseball in the summer. But I'm not concerned about the Broward. I am concerned that whatever firm we get is independent; no influence for anyone, whether they want the deal to go through or whether they don't want the deal to go through; just an independent firm that will give us real numbers, and that's all I'm interested in. Emilio T. Gonzalez (City Manager): Mr. Chairman? Chair Russell: Thank you. Yes, Mr. Manager. Commissioner Carollo: And by the way, if I can -- Chair Russell: Of course. Commissioner Carollo: -- Mr. Manager. Mr. Gonzalez: Yes, sir. Commissioner Carollo: We also have to be realistical [sic] with anyone there that there is a problem on the land; it's contaminated. Mayor Suarez: Agreed. Commissioner Carollo: So while I'm expecting a much higher number than they offer, we got to look to see what the potential numbers are in cleaning that place up, also. Mayor Suarez: Agreed. Chair Russell: Mr. Manager. Mr. Gonzalez: Mr. Chairman, thank you. If I could, first of all, I want to agree with Commissioner Carollo. I think it is incumbent on all of us, on behalf of our residents and our taxpayers, to negotiate the very, very best deal that we can. I have been in communication with our City Attorney. We have discussed the possibility of bringing on some outside consultants, if you will. We will bring that to this body at the next Commission meeting for your approval, with our recommendation and justification, as well. Second, I would like to address, respectfully, Commissioner Reyes. I did kill the Airport City project, and I did so, quite frankly, because I thought it was a bad deal, a very bad deal. It had been on the books for years. It didn't move. I was asked to look at it. And after I looked at City of Miami Page 94 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 it, I said, "You know what? This is not in the best interest of the citizens ofMiami- Dade County." And the reason I bring this up is because, one, I know a bad deal when I see it; and two, we haven't even negotiated a deal yet. All we have done so far is set the parameters. And I think I've said before this body before that before I bring you a bad deal, I will bring you no deal, because I think our community has suffered through bad sports deals for the last couple of decades. So what we have - - and to the Mayor's point -- we have a baseline that we will begin conversations with, and my expectation, sir -- Commissioner Carollo to your point, my expectation is we come here with a lot more than what was put on the ballot. Commissioner Reyes: Sir, if I may answer. What -- I did research when I made that statement, because I research it. And your statement that you made when you were called, you said that you were presented with the studies, and you read the studies, and -- there were books and books -- Mr. Gonzalez: Yes, sir. Commissioner Reyes: -- and that you considered it a bad deal. When you presented this deal to us, there was not studies. There was two little papers, two papers. There was no study, and you consider that a good deal? Mr. Gonzalez: No, sir. Commissioner Reyes: Oh, come on. Mr. Gonzalez: What I'm saying is, when I was presented the Airport City deal -- and by the way, the binder was always on my desk, because it had been on the books forever, and I was asked, as the new person coming in, to study it and make a recommendation as to how to move forward, if at all. The deal may have made sense five or six years ago, but at that time, it did not make sense. Right now, we don't have a deal. We haven't started the process yet, officially. I want to bring to you a deal that I could look you in the face -- Commissioner Reyes: Neither did -- Airport City. Mr. Gonzalez: Sir -- Commissioner Reyes: It was a study. Mr. Gonzalez: No, sir. Commissioner Reyes: A study. Mr. Gonzalez: No, sir. That -- Chair Russell: Thank you. One at a time, please. Please, let's take a breath. Commissioner Reyes: Okay. Chair Russell: Commissioner Gort has been waiting very patiently. Vice Chair Gort: My understanding is, we're going to have our own team that's going to be doing our negotiations, right? I know we got 61 percent, but you lost two appraisals within my district, which is where the more effect is going to take place. So I want to make sure the impact is going to be in District Number 1. I mean, the whole City voted for it, but they voted for a stadium, as was stated before. You're talking about a mall. You're talking about 1-million-square-foot building, office building. You're talking about hotel with 750 -- I haven't seen any traffic City of Miami Page 95 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 study, I haven't seen anybody fit for the community. I don't think the impact is going to cause -- in that neighborhood, it's going to be a major, major impact. I don't know if anybody has looked at that. I don't think they have. And that's something that it was promised that it was going to be done; it has not been done, and nobody know what the impact is going to be. Chair Russell: Mr. Mayor. Vice Chair Gort: Okay? Mayor Suarez: No. I just want to say that the $3.5 million fair market value base number was based on two independent appraisals; one by CBRE; another one by Blake Appraisals. Both of those appraisals -- I read them both -- are 80- to 100- page appraisals, analysis of the properties. So they're very comprehensive analyses of the property, done by very reputable national and international companies. So I just want to put that out there for the record. Again, I think we're -- really, a lot of us are saying the same thing, frankly. What we're saying is that we want what's the best deal for the residents of the City. We're saying that this is a uniquely good property. We're saying that MLS should be in the City of Miami, which we all agree on. And we're also saying that if it's not a good deal, we're not going to bring it to you. Commissioner Reyes: Okay. That -- you just -- you think that it's going to be a good deal and you're going to bring a good deal. And this resolution -- I mean, this is just a simple -- it's a simple real estate negotiation. It's very simple real estate negotiation. You're going to bring some people that they are very good. The only thing that this resolution ask is that to be brought before the Commission by September; that's it. But that is -- you have plenty of time to bring it before September. That's it. That's the only thing that I'm asking. Commissioner Carollo: Chairman Russell? Mayor Suarez: I yield. Commissioner Carollo: Thank you, Chairman Suarez. Mayor Suarez: You're welcome. Commissioner Carollo: You're okay with that, Chairman Hardemon? CRE [sic], are they the same firm that did the MRC study for us? Mr. Rotenberg: CBRE is the same firm, sir, yes. Commissioner Carollo: Now -- Mr. Rotenberg: (UNINTELLIGIBLE). Commissioner Carollo: -- I'm really worried. Mr. Rotenberg: Please understand, if you do your research on them, they are the largest real estate company on the planet. Commissioner Carollo: That's okay. That doesn't matter. I know how things are, and I've been around the block for a while, and that concerns me, because the deal at the MRC, after I did the public analysis there -- because I really wasn't convinced if it was good or not, until that day. I know that's a rotten deal for us. And if these are the guys that are telling me three and a half million is good, I'm really concerned now. But having said that, thank you. City of Miami Page 96 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: All right. So -- Commissioner Carollo: Mr. Manager, out of no disrespect to you or your Administration, please submit whatever names you think are appropriate to do whatever studies here, but I am going to go out there and see what other firms we could bring to the table. I suggest that my colleagues can do the same and look. And at the end of the day, it's the legislative body up here that's going to decide who we want to analyze this for us, and give us their recommendation on this deal. And I will second the motion for this item, as was amended by Commissioner Reyes. Chair Russell: Thank you very much. And just to make sure we all get our moment to weigh in on this, for my part, there were always three major issues for me. To allow this to the ballot was one thing, but to get past an end lease that can be approved by this body -- because the deal's not the deal until we approve it as this body -- Commissioner Carollo: You're right. Chair Russell: -- by four -fifths Commissioner Carollo: Yeah. Chair Russell: There were three very important things to me, and the number -one thing was the no -net -loss parks policy that we have, but -- knowing that what we are holding them to is even stronger than that. We really talked during the entire lead up to placing it on the ballot, what that meant, and I think we were very clear. But I want to make sure there's no ability to have any misunderstanding -- and I know Commissioner Reyes really cares about this as well -- that there's not going to be swales used and -- Commissioner Reyes: Absolutely. Chair Russell: -- patches of grass here and there to add up. What I said during the hearings we had leading up to placing it on the ballot was that I wanted all of the spaces that would be used in the no -net -loss parks policy identified before the lease would be signed and put into place completed before they could receive a certificate of use or occupancy. And so, that would eliminate any chance that there is a bait and switch on what that means; how many acres need to be made up. All of that negotiation should happen before we get to lease period. And then, what spaces they're going to use to find in the City, so that after this project is done, we will not have lost one acre of park. In fact, we will have gained park space throughout the City, plus the decontaminated park there. And that's a no net loss. Number two was the First Tee Program, which there hasn't been a lot of talk about them since the issue came through, and that's very, very important. I need to know that between now and the lease that the Administration is working with them, as well as the development company, to make sure what we're offering them is what they need and it actually works for them. We may think a driving range and a new building is all they need. We don't know. They know their system. And I need to know that they're at the table with you and that you're working with them. And then third, as what's been concentrated mostly here, is the money. The general impression of the public is that 3.5 is not enough. And all those properties you mentioned earlier that we have, where we earned that much or more, apples to apples, clearly, a lot of those are waterfront in downtown and various -- I'm certainly not the expert on that. I need to make sure you've got the expert on it and that you've got an expert negotiating for us who's willing to walk away from the table, because our Administration certainly wants this to happen; doesn't want to walk away from the table. That already ties one hand behind the back in the negotiation. The best tool we have to get the best deal is this body, at the end, before this gavel falls that we're City of Miami Page 97 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 satisfied. But we need someone fighting on our behalf all the way up to that, who's also willing to walk away from the table, and that would be that third party negotiator sitting by your side, who's really the shark on this deal, and who they are, and where they come from, and how independent they are is very important to us. So I totally agree with the portion of this that has to do with it coming back to us. The part about it coming back in September, I don't have a problem if it came back in September, but I don't know how we get this, with everything that has to be done by then, including the things I just mentioned; including what Commissioner Gort just mentioned, the community meetings that need to happen, what they care about in the affected communities, and what they want to see from this, and what they're worried about. I don't know if any of those have even begun, and that's so much that needs to do that certainly needs to happen. So I'm okay with the first part of us approving, but I would welcome an amendment that doesn't tie our hands to that September date, because I think we're going to force ourselves to possibly not get the best negotiation deal by rushing it. Commissioner Reyes: Sir -- Chair Russell: If it comes by then, I'm okay with it, but I want the best deal, not the fastest deal. Commissioner Reyes: -- this is just a simple, simple real estate deal. And when you're talking about Commission meetings and public meetings and community meetings that should have been done before we voted, and none of that was done. When we require, we ask that the -- that they should have -- that should -- we should have community input, and we even demanded; not a single meeting was done in a community, and let me give you an example. When they were going to Overtown, how many community meetings they did? About six or -- five or six, right? In our community, they didn't have a single community meeting, and this deal was pushed to -- I mean, down our throat. You see? Now, we are going to ask them to have community meetings? Listen, they have the upper hand now. They have the upper hand; doesn't matter what the community says now. The community meetings was to influence us, for us to know how they were going to be heard and how -- what is going to happen to them. They didn't have any. They never met with our community, you see? So you're going to be asking for community meetings now that is going to take for two months or three months or four months? No, sir. That -- we don't need that now. What we need is to have a deal -- the deal, whatever they're going to do, and bring it before some of us won't be here, because the way that it is going, very probable that I -- if all the efforts come to fruition, I won't be here, and Mr. Gort won't be here. Chair Russell: Commissioner Gort, you had a comment? Vice Chair Gort: I'm not going to be here, but hopefully, you will be here, and we're going to make sure you're here. Let me ask a question, because you already begin negotiation, and I know you -- part of the thing you'll try to do is try to make the golf course a bad one and lose a lot of money, and so on, but at the same time, Mr. Campbell here made a statement that the grounds on their park is going down, because the maintenance of those park was given by the people from Melreese, the same contract. If you look at the -- okay, listen carefully. Today a statement was made here -- and correct me if I'm wrong -- that the grounds at the park, Hialeah Park, are going down. Grapeland's grounds and the parks are going down. The maintenance of those grounds, it used to be done by the same people in Melreese. Somehow, they had a contract with the State -- I mean, with the City; they changed it. They took it out of their hands and they gave it to Park, and this is something took place, I understand, in January or something like that. Nobody's aware of that. City of Miami Page 98 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mr. Gonzalez: Get our Parks Director here. I was not aware of that. Commissioner Hardemon: I do know -- I'm not sure. Is he talking about the football field? Was he talking --? -- because I was speaking when he was speaking, so I'm not sure if he was discussing the football field. And I do remember the grounds; the football field were not in tiptop shape. And then there was a realization that -- there was a group that was supposed to maintain it that did not, and they switched to someone else, I believe -- I remember from those facts, and those persons did start to maintain the field, so -- Chair Russell: Director De Souza. Commissioner Reyes: Okay. Let's vote on it. Mayor Suarez: Mr. Chair, may I? Chair Russell: Yes, of course. Mr. Mayor. Mayor Suarez: So again, Commissioner Carollo asked me for my perspective on this item. My perspective is that you should pass the item, deleting Section Number 3 of the item. There's a motion and a second, as amended. Just to clam, if we had a 5 and a half percent growth rate in the City, which is what we've had the last 10 years -- and I'm not saying we're going to have the same growth rate over the next hundred years that we had over the last 10 years -- we would get just in real estate taxes alone, the City of Miami, $29 billion, $29 billion. So I just want to clarify that for the record. Chair Russell: Commissioner Hardemon. Commissioner Hardemon: So I'm still not a believer that a playing field is a park. To me, calling a golf course a park is like calling the oueld of a baseball field a park. It's not a park. I was an outfielder. Commissioner Carollo: So -- Commissioner Hardemon: I played in the outfield; I know it's pretty. And if you have a really nice outfield, it's really pretty, as well. But I'm from Liberty City; we didn't have nice ouelds, but I'm not here to kind of stress that point. I know that we talked about the First Tee Program, but there were some other businesses that were out there, as well, that maybe need some relocation, so I want us to keep in mind that, as well. And -- but the timing is a very unusual thing, right? So part of me says, "What is the major issue with the timing?" And part of me says, "What happens if, for instance, come September, there is not a deal?" Is it just so simple that they come back before us and say, "Hey, here's an update. Hey, we don't have a deal yet. This is where we are"? Because it doesn't appear to me, from the way this dais is moving, that if they don't come back, for instance, by September, or even by November, as what was originally written, that we're not considering any deal moving forward. Like, it's not like it's an exploding offer. So, you know, having -- if we name, for instance, a date, would that naming of a date have a negative effect on the negotiation? If we don't name a date, we still, as this body, have every right to call whoever's the negotiating team before us -- we can call them here every month, if we wanted to; "Give us an update, give us an update, give us an update." So I know we've -- like, we've kind of like wrapped around an axle around this date, and -- but I'm trying to really understand what the effect of having that date would be. Commissioner Reyes: Well, if they don't -- we don't have it by that date, you see, then we will decide here what we're going to do, but I think that if we -- I mean, City of Miami Page 99 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 personally, I would like to have it before the November election. The only problem here is the November election, and I know how -- I mean, listen -- Commissioner Carollo: No, no, no. Let me be frank with you, Commissioner. Commissioner Reyes: Yes. Commissioner Carollo: That's not the only problem. First of all, there's no way in the world that you're not going to be here. You're going to be here, and -- Commissioner Reyes: Well, there's some people -- Commissioner Carollo: I'll bet you -- Commissioner Reyes: -- trying for me not to be here. Commissioner Carollo: I don't care what they try to do. I'll bet the farm on that. Unfortunately, Commissioner Gort is term limited, so that's one that, you know, won't be here. But this is not about that deadline in November, because I know he'll be here, whether it's now or after November; Gort won't. To me -- Vice Chair Gort: I'll be around, though. Commissioner Carollo: -- it's about that if we're going to do -- if we 're -- Chair Russell: He'll be around. Vice Chair Gort: (UNINTELLIGIBLE) -- Chair Russell: He'll be around. Vice Chair Gort: -- (UNINTELLIGIBLE) effective, but I might be around. Commissioner Carollo: (UNINTELLIGIBLE) say -- I'm saying as Commissioner, you know. Maybe they'll bring you Chairman or something, because, you know, this is -- Commissioner Reyes: (UNINTELLIGIBLE) the Chairman, huh? Commissioner Carollo: -- we're throwing chairmanships around easy here. Vice Chair Gort: I already chaired three times, so far. Commissioner Carollo: But -- in fact, I just thought a good chairmanship for you afterwards, but the -- Vice Chair Gort: By the way, now that you're talking about chairmanship, when you were Mayor, I was the Chairman, but you never gave me the title all the time. Chair Russell: Never gave you the what? Vice Chair Gort: The title. Commissioner Carollo: I didn't give you the title? Vice Chair Gort: No. Commissioner Carollo: So I must have been the real Chairman then, right? City of Miami Page 100 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: You were the chairmanship. Commissioner Carollo: You know, there was a while there that I didn't give the title out. I kept it, and I chaired the meetings, but then I did gave it out. But the bottom line that I'm seeing is that, look, there's no reason in the world why this negotiation is going to take more than the time limit that we're talking about, whether it's September, the end of October; it shouldn't take more than that. Commissioner Reyes: That's right. Commissioner Carollo: In fact, I remember the reason that we pushed this quickly was because they had a gun to their head at the time from Major League Soccer. You all remember that. So to me, if we draw the line in the sand with a date, that's smart negotiating from the start. We're in the driver's seat. Broward, hey, they -- you know, I know that game already. I know how it ended. So don't bluff me with Broward. If they want to lose money, they could go to Broward. So I'm not concerned in putting a deadline, because if we bring real negotiators into this that don't have any bias either way on it, this deal should get done no more than six months, if that, if that. Now, if the problem is that people don't want to pay market value, then that's a different story, but I hope that won't be the case. Commissioner Hardemon: So the mover and seconder would not be fine with removing the deadline? Chair Russell: Deadline. Commissioner Hardemon: You want to keep the deadline? Commissioner Carollo: I won't be it this time, because I think as a negotiating tactic, to begin with, it's setting the tone of how this ballgame is going to be played. Vice Chair Gort: It gives you leverage. Commissioner Carollo: And right now, I think we're one up by putting a deadline. Chair Russell: What about a deadline to bring back the negotiating team that we approve? Because the first part of the reso is asking for that; that we approve the negotiating team. And then we say, "But we want it" -- "we want that part to move very quickly, " so we know we have the right people at the table. Commissioner Carollo: It should move very quickly. I'm sure the Manager and the Chairman have teams that they already had; they could bring it up -- Commissioner Reyes: Absolutely. Commissioner Carollo: -- you know, in a very short time. We should all look for names ourselves that we might want to bring up to this body. Mr. Gonzalez: Sir, sir? Commissioner Carollo: You know, we could pick one within 30 days or less. Mr. Gonzalez: Sir, if I may, it actually has not been between the Mayor and myself. The City Attorney and myself have been discussing firms that we can contract, and she has been doing her due diligence, and we will get what I believe to be the most impartial, because I agree with you; it should be an honest broker -- Commissioner Carollo: And -- City of Miami Page 101 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mr. Gonzalez: -- and get it back to you by the next Commission meeting. Commissioner Carollo: And Manager, let me say this: For your benefit, the Chairman's benefit, everybody's benefit, it should be that way, because then whatever the numbers come in, you know, are the numbers. Chair Russell: Commissioner Gort. Mr. Gonzalez: Sir, I agree completely. Commissioner Reyes: If you agree with it, you vote for it; if not, you vote against it. Chair Russell: Commissioner Gort. Commissioner Reyes: But it should be here by September. Vice Chair Gort: I believe by putting a date, we have a leverage, so we can ask for a lot more. But at the same time, I'd like to be able to vote on it. Commissioner Reyes: Okay. Chair Russell: So I need to understand this date, because I'm not a -- I -- like I said, I think it puts an artificial deadline on it that makes it more difficult to come to a good nego -- I think it puts them more in the driver's seat. But what happens under this reso if they don't have a lease to produce to us by that date? Because I need to understand what that means, because that's why I don't want to (UNINTELLIGIBLE). Commissioner Carollo: What that means is that, you know, either -- Commissioner Reyes: We be in the driver's seat. If we said, we have to do this by this date, we are in the driving seat. Chair Russell: Not if we haven't done our homework and get the best possible deal. Commissioner Reyes: No. Well, that's why we're going to bring somebody that's going to do the homework. Chair Russell: All right. So there obviously is no amendment to remove the date portion. For me, I don't see that as a healthy part of this. Commissioner Reyes: Well -- Chair Russell: Like I say, if it comes before, but I don't want to create a mandate for "before" that ties their hands in terms of speeding up a negotiation that doesn't get us the best possible outcome. All those other elements that I talked about, I don't see how it's possible, but if it is, great, but for my part, I'm a "no" vote with that part still in it on the date. Commissioner Reyes: Vote on it. Chair Russell: But I do want to see them bring back a negotiating team as fast as possible that we can approve on. Commissioner Reyes: Well, according to the Manager, he informed me, the next meeting you were going to bring somebody, right? Chair Russell: I didn't under -- City of Miami Page 102 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mr. Gonzalez: Yes, sir. I -- Commissioner Reyes: Right. I mean, that we 're not losing time, so that (UNINTELLIGIBLE) could -- should stay. Chair Russell: Got it. Commissioner Carollo: We're -- Chair Russell: All right. Commissioner Gort. Vice Chair Gort: Well, you're already doing the testing to see how much they're going to cost to renew the whole thing. Mr. Gonzalez: No, sir. We've had an initial meeting. We've had our technical folks talk to each other. Vice Chair Gort: Right. Mr. Gonzalez: So we are meeting, but it hasn't really been a contractual meeting. We're just going through the technical aspects of it, and the conversation is very fluid and very constant, and we will soon be sitting down to start looking at numbers -- Vice Chair Gort: Good. Mr. Gonzalez: -- responsibilities, et cetera. Yes, sir. Chair Russell: All right. Commissioner Reyes: Okay. Chair Russell: With no further discussion, Mr. Mayor. Mayor Suarez: Thank you, Mr. Chair. Can we have a full vote of the Commission, please, on this item? Chair Russell: If Commissioner Hardemon will join us, we will. Mayor Suarez: Great. Thank you. Commissioner Carollo: How was dinner last night? Mayor Suarez: Amazing. Commissioner Carollo: Yeah. What'd you have? Commissioner Reyes: Call the question, please. Mayor Suarez: Steak. Commissioner Reyes: Mr. Chairman -- Commissioner Carollo: Steak? Mayor Suarez: A little bit. Commissioner Reyes: -- call the question. City of Miami Page 103 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mayor Suarez: Very good. Commissioner Carollo: Really good. Did Beckham have a bigger one than you or not? Vice Chair Gort: Go ahead; call the question. Chair Russell: All right. All right. Mayor Suarez: Yeah, his was bigger. Actually, no. He's not able to eat steak; I apologize. He doesn't eat steak -- Chair Russell: All right. Mayor Suarez: -- or drink wine. Commissioner Reyes: Okay. Mayor Suarez: So. Commissioner Hardemon: But to be clear, Commissioner Gort, you want the date on there? Vice Chair Gort: Yeah. Commissioner Hardemon: Okay. All right. Mayor Suarez: What's that? Commissioner Reyes: Yes. Commissioner Hardemon: No. I was asking Commissioner Gort if he wanted the date to be included within the resolution. That's what I was asking. Chair Russell: And so -- Commissioner Reyes: Call the question. Chair Russell: Thank you. I just want to fully understand what happens when this date is not met? Commissioner Gort: We'll look at it. Commissioner Reyes: We'll look at it. Commissioner Carollo: Well -- Commissioner Reyes: Okay? Chair Russell: Okay. In that case, it's basically a goal. Commissioner Carollo: I'm -- Commissioner Hardemon: It's a goal. Commissioner Reyes: Sir, it's a date. It's a date; that this action -- this real estate transaction shouldn't take that long. We're going to bring an expert; and we are in the driver's seat, because they have to come to our terms. That's it. City of Miami Page 104 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: Commissioner Russell -- Commissioner Reyes: Let's vote. Commissioner Carollo: -- I'm going to tell you what's going to happen if they don't come up to an agreement. I'm going to make a motion that we put it out to bid to the best and highest bidder for the best idea that anybody wants to bring there, and you're probably going to have no less than 20 major American firms that are going to come and bid on it, so -- Commissioner Reyes: Point of order. Let's (UNINTELLIGIBLE). Commissioner Carollo: -- they can decide. They're in the driver's seat now, and as far as deciding if they're going to negotiate in good faith with us -- and look, I have no reason to doubt that at this point in time. I just think that we need to get a very independent body to run and give us the -- run through the real numbers of what is true market value. Chair Russell: And the date is September? Commissioner Reyes: 12, the first meeting in September. Chair Russell: September 12. Mr. Manager -- Commissioner Carollo: Save it till the last meeting. Chair Russell: -- before I vote on this, I -- what I need to understand, Mr. Manager, because your team will be leading this with this co -negotiator and whatever other consultants you bring in. By September 12, would you be able to figure out the exact no -net -loss policy, ident fy the properties; figure out exactly with the First Tee, what their solution is -- Mr. Manager? -- and then, finally, on the money side, bring in the additional negotiating team, and have a final deal ready for us by September 12? Mr. Gonzalez: Sir, I don't know, because you just pointed it out; you're asking a lot in a brief period of time. If it was just a contractual arrangement -- my intent is to bring a contract to this board as quickly as humanly possible that is in the best interest of our residents, and if it means we have to continue negotiating certain points because it's not good for us, we should be able to continue negotiating those points. But to ask me here, based on all the things that you just mentioned, if I can do this by September, I would like to be able to say, "absolutely, yes," but I can't answer that and be honest with you. Commissioner Reyes: Okay. Call the question, sir. Chair Russell: All right. All in favor of the item, say -- as amended -- Vice Chair Gort: As amended. Commissioner Carollo: As amended. Commissioner Reyes: As amended. Chair Russell: -- say "aye." Commissioner Reyes: Aye. Commissioner Carollo: Aye. City of Miami Page 105 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Vice Chair Gort: Aye. Chair Russell: Any opposed? Nay. So that's 4-1. Commissioner Hardemon: Yes. Commissioner Reyes: Yes, sir. Chair Russell: Thank you very much. Motion passes. Commissioner Reyes: Thank you. RE.11 RESOLUTION 5594 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE CODE ENFORCEMENT TASK FORCE PURSUANT TO SECTION 14 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CHAPTER 2, ARTICLE XI, DIVISION 2, SECTION 2-883 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO REVIEW, RECOMMEND, AND ADVISE ON MATTERS RELATED TO THE PROCESSING, HANDLING, AND INVESTIGATING OF CODE COMPLIANCE VIOLATIONS; STATING THE TASK FORCE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS, AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0118 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Commissioner Carollo: Let me go on to the second page. Chair Russell: Let me pull it up. Commissioner Carollo: And -- Commissioner Reyes: Well, if I may, and I have an objection and -- how many members -- you were proposing seven members, right? Commissioner Carollo: Well -- Commissioner Reyes: And we -- when we first spoke about this, we talked about five members, where each one of us -- Commissioner Carollo: Each one of us -- City of Miami Page 106 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: -- will appoint somebody to that committee, because seven members, eight, nine, ten members, that's too many. Commissioner Carollo: Here's the problems that I have here. First of all, we never discussed this -- I don't know how it got here -- that one of the members will be the Director of Code Compliance. This is improper for this committee, because they're going to be guided by the Director. And if the Director is having people that are making mistakes, it opens it up to a lot. So the Director would have a conflict, in my opinion, in being a member of this body, and she should not be one. Victoria Mendez (City Attorney): In the drafting, I believe it got confused with respect to the Code Director being present, answering questions, participating -- Commissioner Carollo: Well -- yeah, okay. Commissioner Reyes: Could be available -- Ms. Mendez: -- versus -- Right. Commissioner Reyes: -- for questions. Ms. Mendez: So -- Commissioner Carollo: All right. Emilio T. Gonzalez (City Manager): Or it could be in an advisory position, if you want (UNINTELLIGIBLE). Commissioner Reyes: Available -- Commissioner Carollo: Well, they should -- Commissioner Reyes: -- and it should be (UNINTELLIGIBLE). That's it. Commissioner Carollo: -- be there for any questions. Chair Russell: (UNINTELLIGIBLE). Commissioner Carollo: That's key. Ms. Mendez: Okay. Commissioner Carollo: But this is the legislative body; there should be one member appointed from each one of us, five. If we want to put an alternative, in case someone's missing, we could do that, but you don't need to make this super committees that -- you know, just box everything down. Each of us should name one; and then, if we want to name an alternative, all of us do it, combined, we should do that, but it's still going to be a five -member body. So that's my recommendation. And the last page, I also have a problem in the part that it says, "The City Manager may participate in deliberations of the task force." Commissioner Reyes: No. Commissioner Carollo: I, you know, think the Manager should always have the opportunity to participate. "And may give technical policy advice to the committee, as requested." So as long as it's to that, and the Manager is not going to be giving instructions or anything else that they're not asking for, what I would say here is that the City Manager may participate in deliberations of the task force, as City of Miami Page 107 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 requested, and may give technical and policy advice to the committee, as requested. This should be an independent committee, fully. Commissioner Reyes: That's right. Commissioner Carollo: So we're basically keeping the same thing here, but we're making sure that the Manager can participate and deliberate, as requested, from the body itself. So those are the only two changes that I would like to make. Chair Russell: All right. Commissioner Reyes: And I -- Chair Russell: Is there a motion? Commissioner Reyes: I move it. Chair Russell: It's been moved by Commissioner Reyes. Commissioner Carollo: A five member, with one alternative. In case someone ever misses -- Commissioner Reyes: That's right. Commissioner Carollo: -- they could come in. Commissioner Reyes: And who names the alternate? Commissioner Carollo: Excuse me? Commissioner Reyes: Who name -- Commissioner Carollo: The whole board will name the alternate. Commissioner Reyes: The whole board? Well, anybody can -- the Chairman. Commissioner Carollo: No. The whole board will make the name. Chair Russell: If the alternate is just -- if they don't have an attendee? Commissioner Carollo: Yeah. If someone -- Commissioner Reyes: That's right, in order to have quorum. Chair Russell: (UNINTELLIGIBLE) other board? Commissioner Reyes: In order to have -- Commissioner Carollo: Yeah, you have (UNINTELLIGIBLE) a lot of boards, yeah. You have it in the Code Enforcement Board itself. Chair Russell: So they otherwise sit there, and they don't have a vote until someone's absent? Ms. Mendez: Yes Commissioner Carollo: That's correct. City of Miami Page 108 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: That's right. Ms. Mendez: Correct. Commissioner Carollo: That's correct. That's how the Code Enforcement Board works and some of the other boards. Ms. Mendez: It's a little boring, but they're really excited when they get to jump in when somebody's sick. Commissioner Reyes: But the alternate -- Commissioner Carollo: But, look, if you want -- Commissioner Hardemon: Like (UNINTELLIGIBLE) on a jury. Commissioner Carollo: -- we could make it five and it's still -- Commissioner Reyes: Make it five. Commissioner Carollo: (UNINTELLIGIBLE) Commissioner Reyes: Make it seven. Commissioner Carollo: Make it five. We'll make it five. Commissioner Reyes: Make it five. Make it simple. Ms. Mendez: So five and no alternate? Commissioner Carollo: No alternate, yes. Ms. Mendez: Okay. Vice Chair Gort: No alternate, no alternate. Commissioner Hardemon: The -- Chair Russell: There was a -- I'm sorry. There was a motion and there was a second? Commissioner Carollo: Correct. Commissioner Reyes: Yes. Commissioner Carollo: With the -- Chair Russell: And then the amendments. Commissioner Carollo: With the amendments that were made. Commissioner Hardemon: And can I add -- Ms. Mendez: Commissioner? Commissioner Hardemon: -- another friendly amendment; that it's Code Compliance Task Force? I know. Just (UNINTELLIGIBLE), but -- City of Miami Page 109 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Vice Chair Gort: Come now. Go ahead. Commissioner Carollo: Excuse me? Commissioner Hardemon: I did. Vice Chair Gort: What is it? Commissioner Hardemon: That it's Code Compliance Task Force -- Vice Chair Gort: Yeah. Commissioner Carollo: Yes. Commissioner Hardemon: -- instead of Code Enforcement. Vice Chair Gort: Yeah, I know. Commissioner Carollo: Exactly. Vice Chair Gort: We changed that, and we keep using it when we write. So we need Code Compliance. Chair Russell: Okay. Do the mover and seconder agree with that amendment? Commissioner Carollo: Yeah, Code Compliance Task Force. Chair Russell: Commissioner Gort. Vice Chair Gort: We also need the attorney that's going to be there, because a lot of times, the decisions that are made, they got to go through the attorney's opinion, if it's legal or not. Ms. Mendez: Yes, you'll have legal counsel provided. We'll be there. Vice Chair Gort: Okay. Ms. Mendez: And then the -- Commissioner Reyes: That's appointments. Ms. Mendez: -- other thing, Commissioner Carollo, where is it that you're bringing up the deliberation and the Manager? Commissioner Carollo: This is at the end, in Section 9, at the bottom two lines, "The City Manager" -- Ms. Mendez: Okay. Commissioner Carollo: -- "may participate in deliberations of the task force." What I'm saying is to -- after "task force," put -- Commissioner Reyes: As requested. Commissioner Carollo: -- "as requested by the task force." Ms. Mendez: Okay. City of Miami Page 110 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: And then the other part is fine. "And may give technical and policy advice to the committee, as requested." Commissioner Reyes: As requested. Ms. Mendez: Okay. Chair Russell: All right. But the one amendment about the alternate isn't going to happen? It's just five? Commissioner Reyes: No, it's not going to happen. Commissioner Carollo: Yeah, just five. Chair Russell: Just five. Commissioner Carollo: And the Director, as stated, is not going to be part of that, and -- Ms. Mendez: So -- Commissioner Reyes: (UNINTELLIGIBLE) part of that. Commissioner Carollo: -- it's only five members named by the Commission. Ms. Mendez: So then, the one that said "one member shall be nominated" -- Commissioner Carollo: (UNINTELLIGIBLE) by the Commission. Ms. Mendez: -- "by the Mayor," no. I'm taking that out Commissioner Carollo: It's five by the Commission; we're the legislative body. We better start learning what a legislative body is supposed to do and how it acts. Mr. Gonzalez: Mr. Chairman, do you envision the Director of Code Compliance serving in an advisory position to the board? Chair Russell: Yes. They should abso -- she should absolutely be the liaison to that board -- Commissioner Carollo: Well, she has to be -- Chair Russell: -- to that task force. Commissioner Carollo: -- liaison -- Mr. Gonzalez: So she -- Commissioner Carollo: -- as they need it. Mr. Gonzalez: Sir, I just want to be clear. So she should be present at these meetings? Commissioner Reyes: Yes, Commissioner Carollo: She should be. Chair Russell: Absolutely. City of Miami Page 111 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: She should be present at every meeting. Commissioner Reyes: At every meeting. Mr. Gonzalez: Thank you for the clarification. Commissioner Reyes: At every -- she should be present at every meeting -- Commissioner Carollo: Yeah. Commissioner Reyes: -- to act as an advisory when -- and also provide technical assistance. Commissioner Carollo: As the board requested. Commissioner Reyes: That's right. Ms. Mendez: Okay. So you don't want her as nonvoting member? Commissioner Carollo: No. Commissioner Reyes: No, no. Commissioner Carollo: No, not at all. Ms. Mendez: Okay. So just available to -- okay. Commissioner Carollo: Available so that -- Ms. Mendez: At every meeting. Commissioner Carollo: -- as they request her assistance, they could have it. Commissioner Hardemon: Can it be her or her designee? Just a question for you. Commissioner Reyes: Yeah, right? Commissioner Carollo: Obviously, it should be her. But obviously, if she can't make it, then she has to put a designee. Commissioner Reyes: That's right. Chair Russell: Agreed. Ms. Mendez: Okay. Thank you. They were -- the Administration was asking for the "or designee" language. Chair Russell: All right. Commissioner Carollo: Yeah. Chair Russell: So several amendments have all been captured and agreed to by the mover and seconder. Is there anyone from the public like to comment on this item? Ms. Mendez: Nobody's Five Day Ruling? Chair Russell: No? City of Miami Page 112 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Ms. Mendez: I'm just kidding. Chair Russell: Good one. Commissioner Carollo: All right. Chair Russell: All right. Any further comment from the dais? Commissioner Carollo: There's a motion with the amendments I made. Chair Russell: All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Todd B. Hannon (City Clerk): As amended. Chair Russell: Yes. Commissioner Carollo: As amended. Ms. Mendez: Thank you. RE.12 RESOLUTION 5517 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO ESTABLISH A POLICY REGARDING COMMERCIAL AND OTHER NON-RESIDENTIAL PROPERTIES THAT ALLOWS PROPERTY OWNERS A REASONABLE TIME TO COMPLY WITH ANY CODE VIOLATIONS PURSUANT TO CHAPTER 162, FLORIDA STATUTES, NOT TO EXCEED THIRTY (30) DAYS; FURTHER DIRECTING THE CITY MANAGER TO ESTABLISH A POLICY FOR COMMERCIAL AND OTHER NON- RESIDENTIAL PROPERTIES, REPEAT VIOLATORS, AND/OR ANY SUBSIDIARY THEREOF THAT A) REQUIRES PROPERTIES THAT HAVE NOT BEEN BROUGHT INTO COMPLIANCE WITHIN THE ORIGINAL TIME ALLOTTED TO APPEAR AT THE NEXT AVAILABLE BOARD HEARING, B) REQUIRES PROPERTIES WITH THREE (3) VIOLATIONS WITHIN A FIVE (5) YEAR PERIOD TO BE REFERRED DIRECTLY TO THE BOARD, AND C) DISALLOWING ADDITIONAL EXTENSIONS OF TIME WITHOUT PRIOR BOARD APPROVAL. ENACTMENT NUMBER: R-19-0112 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Chair Russell: And let's go ahead and take up RE.10, Miami Freedom Park. City of Miami Page 113 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: Yes, sir. Chair Russell: Wait. Commissioner Hardemon is not on the dais. Let me see if there's some things we can get where we don't have all five of us here. Commissioner Carollo: Can we do 12? That's right on top of 13. Chair Russell: Absolutely. That is sponsored by multiple Commissioners. Commissioner Reyes: That's right. Chair Russell: RE.12. Commissioner Carollo: Yes. Chair Russell: Is there a motion for RE.12? Commissioner Carollo: There's a motion. Chair Russell: There's a motion. Is there a second? Commissioner Reyes: Second. Chair Russell: Thank you. I'd like to open for discussion. Commissioner Carollo: Self-explanatory. Chair Russell: Thank you. Is there any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Victoria Mendez (City Attorney): I'm sorry, Chairman. For RE.12, I believe that -- oh, never mind. Okay, that's fine. Chair Russell: Thank you. Ms. Mendez: Wrong one. Chair Russell: Any opposed? Motion passes. Thank you. City of Miami Page 114 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 RE.13 RESOLUTION 5600 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE "ABAJO CADENAS, UN CANTO A LA LIBERTAD" (DOWN WITH CHAINS, A SONG FOR LIBERTY) FREEDOM CONCERT TO BE HELD AT THE BAYFRONT PARK AMPHITHEATER ON MARCH 23, 2019 TO CONTINUE SHOWING INTERNATIONAL SUPPORT FOR THE VALIANT PEOPLE OF VENEZUELA IN THEIR STRUGGLE FOR DEMOCRACY AND LIBERTY FROM AN OPPRESSIVE NARCO-DICTATORSHIP; FURTHER RAISING SUPPORT FOR THE PROVISION OF HUMANITARIAN AID TO THE VENEZUELAN PEOPLE BY THE INTERNATIONAL COMMUNITY. ENACTMENT NUMBER: R-19-0113 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Chair Russell: All right. So we are now at FR.3 and 4, which is the Five -Day Rule and the Adjournment Rule. We also have yet to take up the issues of Freedom Park, Code Enforcement Task Force, the policy on Code compliance, and Venezuela. Why don't we take up RE.13 first, which is the Freedom Concert to support Venezuela? Commissioner Carollo. Commissioner Carollo: This is only for Commission sponsorship, just like the County did. There's no dollars involved or request of the Commission. It's just for the City of Miami to be part of the sponsor of this event. It's an event that is going to be for six hours, from 2 to 6 p.m., on March 23, Saturday. You are going to have some of the top celebrities, entertainers from the Venezuelan community, along with many others that are not Venezuelan. While it's going to be wholesome family entertainment, it's not going to be a party. It's an event to create consciousness throughout the world, because this is going to be -- also going in the Internet so people could see it, so that people can be able to see the plight that Venezuela's going through. There will be some of the top officials that President Guaido has named in our country and neighboring countries that will be attending, among many known names in celebrity. At the same time, it will be an event to try to raise dollars, volunteer, because the event is free -- for containers that are ready to go to help many millions of needy people. You know, we, not long ago, talked so much throughout our country and the whole world about the Syrian refugee crisis. The Venezuelan crisis today has become bigger than the Syrian refugee crisis that's affecting millions of people, but beyond that, it's also a security issue for our country and the rest of the hemisphere. So I -- the County approved supporting it, the County Commission, and I respectfully request of my colleagues to support this and to attend. Commissioner Reyes: I want -- Madam City Attorney, I want to co-sponsor this resolution. Chair Russell: Commissioner Gort. Vice Chair Gort: Should be sponsored by everyone. City of Miami Page 115 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: Let's do it. Any opposition to that? Commissioner Carollo: Thank you. Chair Russell: All right. It's sponsored by all those present. Is there a motion? Commissioner Reyes: I move it. Chair Russell: Moved by Commissioner Reyes; seconded by Commissioner Carollo. Any further discussion on the dais? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Thank you. City of Miami Page 116 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 RE.14 RESOLUTION 5385 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESCRIBING, PROVIDING FOR, AND AUTHORIZING THE ISSUANCE AND BOND VALIDATION OF THE AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING ONE HUNDRED MILLION DOLLARS ($100,000,000.00) IN ONE OR MORE SEPARATE SERIES OF CITY OF MIAMI TAX-EXEMPT AND TAXABLE LIMITED AD VALOREM TAX BONDS (MIAMI FOREVER CAPITAL PROGRAMS: AFFORDABLE HOUSING PROGRAMS 2019) ("MIAMI FOREVER LIMITED AD VALOREM CAPITAL PROGRAMS AFFORDABLE HOUSING PROGRAMS 2019 BONDS') INCLUDING BUT NOT LIMITED TO (A) THE PARTICULAR AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT PROGRAM PROJECTS TO BE UNDERTAKEN BY THE CITY OF MIAMI ("CITY) AS GOVERNMENTAL PROJECTS OWNED AND OPERATED BY THE CITY, BY NOT -FOR -PROFITS, BY FOR - PROFITS, AND BY INDIVIDUALS, ALL AS DESCRIBED IN THE ATTACHED AND INCORPORATED COMPOSITE EXHIBIT "C," (B) MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH, (C) DETERMINING THE PARTICULAR METHOD OF SALE, CREDIT ENHANCEMENT, IF ANY, DENOMINATIONS, INTEREST RATE(S), (D) AUTHORIZING ALL REQUIRED ACTIONS BY ALL NECESSARY CITY OFFICIALS INCLUDING BUT NOT LIMITED TO THE CITY MANAGER, CITY ATTORNEY, CITY CLERK, BOND COUNSEL, AND FINANCIAL ADVISOR TO UNDERTAKE ALL NECESSARY STEPS IN CONNECTION WITH BOND VALIDATION, BOND ISSUANCE, NEGOTIATION, EXECUTION, AND DELIVERY OF RELATED BOND PURCHASE AGREEMENT, OFFERING AND SALE DOCUMENTS, TAX COMPLIANCE AGREEMENT, CONTINUING DISCLOSURE AGREEMENT, PARTICULAR CREDIT ENHANCEMENT AGREEMENT, IF ANY, PAYING AGENT AND REGISTRAR AGREEMENT, AND ALL OTHER NECESSARY DOCUMENTS, INSTRUMENTS, AND AGREEMENTS TO BE NEGOTIATED, EXECUTED, AND DELIVERED BY THE CITY MANAGER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, AND (E) RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS, CAPITAL PLANS, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, ALL IN CONNECTION WITH THE VALIDATION AND AUTHORIZATION OF ISSUANCE AND MASTER RESOLUTION, ADOPTED BY THE CITY COMMISSION ON FEBRUARY 14, 2019 ("MASTER RESOLUTION'), FOR PROVISIONS OF THE AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING FOUR HUNDRED MILLION DOLLARS ($400,000,000.00) IN ONE OR MORE SEPARATE SERIES OF CITY TAX-EXEMPT AND TAXABLE LIMITED AD VALOREM TAX BONDS (MIAMI FOREVER CAPITAL PROGRAMS) PAYABLE FROM AD VALOREM TAXES LEVIED ON ALL TAXABLE PROPERTY IN THE CITY, FOR CAPITAL PROJECTS TO REDUCE FLOODING RISKS, IMPROVE STORMWATER INFRASTRUCTURE, IMPROVE AFFORDABLE HOUSING, ECONOMIC DEVELOPMENT, PARKS, CULTURAL FACILITIES, AND INFRASTRUCTURE WITH INTEREST PAYABLE AT RATES NOT TO EXCEED THE MAXIMUM RATE ALLOWED BY LAW (COLLECTIVELY, "MIAMI FOREVER LIMITED AD VALOREM CAPITAL PROGRAMS BONDS') AND FOR ONGOING COMPLIANCE UNDER THE TERMS AND CONDITIONS OF THE MASTER RESOLUTION; AND PROVIDING FOR AN APPLICABLE City of Miami Page 117 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0111 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: I want to jump a little bit to get a few things out of the way before we hit some of the bigger items. If I could move, please, to RE.14, validate the Miami Forever Bond for Affordable Housing. Basically, my goal here is to take out that last -- that RE (resolution), leave a few of the remaining REs for a moment later, take up the ordinances, and then get back to the big ones. Commissioner Carollo: Okay. Let me go to 14. Chair Russell: So RE.14, if the staff would like to present that item. Unidentified Speaker: (UNINTELLIGIBLE). Chair Russell: This is validation of the Miami Forever Bond, affordable housing. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management and Budget. Let me put my jacket on; forgive me. Chair Russell: Sorry we caught you off guard. Mr. Rose: You did. I was having a good talk with the Deputy Police Chief. RE.14 is the same thing we did two meetings ago. This is just for Housing and Economic Development. I need to read into the record two changes. Throughout the document, it says, "Affordable Housing." We need it to say, "Affordable Housing and Economic Development." Just a -- Commissioner Carollo: And what? Mr. Rose: And Economic Development; the way it was passed in the resolution, in the referendum. And the other one is just -- Commissioner Carollo: Affordable Housing and Economic Development? Mr. Rose: Yes, sir. That was the way it was passed by the voters. Commissioner Carollo: Okay. Commissioner Reyes: And how you are going to define "economic development"? Commissioner Carollo: Okay. But -- I'm sorry. You have a hundred and 400 million here. The 400 million was the overall? Mr. Rose: Yes, sir. Commissioner Carollo: Is that the reason that you have to include economic development, too? City of Miami Page 118 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mr. Rose: No. The way the hundred million was added in -- or was included in the bond referendum, it was included as affordable housing and economic development. Commissioner Carollo: Well, I'm going to tell you right now, that's a bait and switch -- a potential bait and switch -- because what was told to the public at the time was that it was all for public affordable housing, and this is the first time I'm hearing now that it could be economic development. So I'm -- you know, I'm just -- Chair Russell: Madam City -- Commissioner Carollo: -- I'm warning and sounding the alarm that this could be a real potential problem down the road, and if that's the way it was passed, that's the way it was passed. Commissioner Reyes: How did it read in the -- Chair Russell: The ballot. Commissioner Reyes: -- in the ballot? Chair Russell: I was just about to ask. Please, Madam City Attorney, could you bring up the ballot --? Commissioner Reyes: How did it read in the ballot? Anybody has a copy of the ballot -- Chair Russell: Madam City Attorney, could you --? Commissioner Reyes: -- of the ballot language? Victoria Mendez (City Attorney): We will get it. Just give us two minutes. Chair Russell: Thank you very much. Ms. Mendez: It should be right in the reso. Chair Russell: Anything else that you'd like to mention on the item, Mr. Rose? Mr. Rose: There's a few scrivener's errors we missed; a hyphen here and there, and -- but nothing substantive, sir. I just want to get the scrivener's errors corrected on the record. Chair Russell: And that's what you just answered. Mr. Rose: Amended. Chair Russell: All right. Commissioner Carollo: And what you're asking for here, Chris, is for us to approve the hundred million for what you just stated; that a hundred million of that is going to go towards that? Mr. Rose: Well, we're asking permission of the City Commission to go into court to validate the hundred million of affordable housing, just as we did for infrastructure. Commissioner Carollo: Affordable housing or economic development? Mr. Rose: Economic development; yes, sir. City of Miami Page 119 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Hardemon: That is correct. That is correct. Mr. Rose: I just -- the way it was discussed back when it was first passed was affordable housing and economic development. Commissioner Carollo: That was passed before I got here. Chair Russell: Madam City Attorney. Ms. Mendez: In the resolution, it says, "Improve affordable housing, economic development, parks, cultural facilities, streets, and infrastructure." Chair Russell: I was more interested in the exact wording of the ballot language, what the voters -- Ms. Mendez: Yeah, that's it. Chair Russell: -- that's what the voters saw. Ms. Mendez: Do you want me to read the whole thing? Chair Russell: (UNINTELLIGIBLE). Ms. Mendez: That's just the -- Commissioner Carollo: But what he's -- Chair Russell: I got you. Commissioner Carollo: -- referring to now is that this hundred million particularly - Commissioner Reyes: (UNINTELLIGIBLE), that's it. Commissioner Carollo: -- is for affordable housing or economic development. Now, you're reading additional stuff to me; parks and stuff, and -- Commissioner Reyes: That's right. Commissioner Carollo: -- street improvements. Ms. Mendez: I'm reading from the ballot. Commissioner Carollo: Why shouldn't we put that, too? Ms. Mendez: Right. Commissioner Carollo: Why shouldn't we put the others, Chris? Chris, if -- you said we have to go with the exact wording. What she read to me is a lot more than economic development. So why are we putting economic development and not everything else? Mr. Rose: The rest of it was approved under the infrastructure validation that was passed two meetings ago, on February 14. We at the time were not ready to go for housing and economic development; therefore, we're bringing it back to you today for validation of housing and economic development. Commissioner Carollo: But the -- City of Miami Page 120 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: Commissioner Carollo. Commissioner Carollo: -- economic development should be in the other 300 million. A hundred million -- I mean, I remember back then hearing the Chairman say that a hundred million for affordable housing. Vice Chair Gort: Affordable housing. Commissioner Reyes: That's right. Commissioner Hardemon: But I also included economic development in the hundred million. I wanted the flexibility for it. That was there. It was -- that was the way that it was put. Commissioner Carollo: Well, we should have told the public then -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- that it was a hundred million for economic development; in fact, for affordable housing. In fact, I remember the strong Mayor campaign, that they were saying the -- and talking about the hundred million for affordable housing Commissioner Hardemon: It -- Commissioner Carollo: -- even after that. Chair Russell: Thank you. Madam City Attorney, if you could clarify, then. In the ballot language that the voters did vote on, does it break it down in any way, the 400 million? Ms. Mendez: Right. So the -- what the -- do -- I'll read it really quick, the (UNINTELLIGIBLE). Chair Russell: Just the relevant portion that goes to the buckets of "spend," to see whether economic development should have been within the hundred million with affordable, or perhaps outside. Commissioner Reyes: Or in another place. Ms. Mendez: So it is a full $400 million. And then, it says that the capital projects debt millage not to exceed the current rate of .59352. And then, it says all the different little categories in it, which all the categories are: Reduce flooding risks, improve storm water infrastructure, improve affordable housing, economic development, parks, cultural facilities, streets and infrastructure, and enhance public safety. Commissioner Reyes: Does it have any amount for each? If -- it is the 400 doll -- million dollars -- is divided in each amount that is going to be assigned to each of the different activities? For example, in -- does it says a hundred million dollars for affordable housing and economic development, and then so much for park? That's not the way that it was read. Commissioner Carollo: No. Commissioner Hardemon: (UNINTELLIGIBLE) on the ballot. Commissioner Reyes: It doesn't say it. City of Miami Page 121 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Ms. Mendez: On the ballot, it just said the 400 and -- Commissioner Reyes: But then, according to that, then we can divide the $400 million the way we want, because now, how it's going to be --? How much of that hundred million dollars is going to be decided that it's going to economic development and the rest that is going to go to housing? Chair Russell: Commissioner Hardemon. Commissioner Hardemon: Well, in that part is -- if you remember, the $100 million, that section of it is going to be divided amongst the five districts and -- at the time -- whatever the poverty rate schedule was at that time, because the goal was to give each Commissioner the opportunity to help improve affordable housing and economic development in his district, the way he thought how. So, for instance, if you get $20 million that is for your district, you can spend 100 percent of that towards affordable housing. You can choose to spend a hundred percent of it towards economic development, or you can split it, or do whatever. Commissioner Carollo: So that's what the goal is? That's the --? Let me rephrase that. That's what the intention was, correct? Commissioner Hardemon: The intent. Commissioner Reyes: Intent. Commissioner Carollo: But what I've been hearing from the Administration is different. They're going to want to spend it in different ways. And now, I'm even seeing the economic development part. Commissioner Hardemon: Right. So the -- Commissioner Carollo: That as long as I'm in control of that for my share of my district -- Commissioner Hardemon: Housing. Commissioner Carollo: -- I don't mind, because I'm going to put it into housing. Commissioner Hardemon: Right, right. Commissioner Carollo: But -- Commissioner Hardemon: No, the Administration should not be telling you, as I understand -- Commissioner Carollo: Well -- Commissioner Hardemon: -- how to spend the affordable housing -- Commissioner Carollo: -- but this is not what's been going on. There are some plans out there that -- you know -- I haven't seen; maybe some of you have, where -- Commissioner Hardemon: I'm sure they would want to make recommendations to you. And they could -- Commissioner Carollo: The problem is -- Commissioner Hardemon: -- I have -- City of Miami Page 122 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: -- they have every right to make recommendations -- Commissioner Hardemon: Absolutely. Commissioner Carollo: -- and we have every right -- Commissioner Hardemon: Not to accept them. Commissioner Carollo: -- to accept them -- Commissioner Hardemon: Right. Commissioner Carollo: -- or not to accept them. Commissioner Hardemon: The -- because I know, like, in my district, there was some affordable housing buildings that were being constructed, and a portion of the dollars that I have was being put towards those projects, to ensure that those projects get developed, and that was the request of me. Commissioner Carollo: Yeah. Commissioner Hardemon: And I agreed with that request. Commissioner Reyes: In other words, that hundred million dollars, if it is divided amongst us, it's -- Vice Chair Gort: Yeah. Commissioner Reyes: -- $20 million per -- Commissioner Hardemon: It won't be that way, though. Commissioner Reyes: -- Commissioner -- I mean per district. Then it is up to that Commissioner to decide how is it going to be used, if it is going to be used for affordable housing? Commissioner Hardemon: You can come up with -- like, the thing about it is this: Remember, there is a -- you -- the way that we discussed it was that whatever way you thought the money should be used for affordable housing. Say, for instance, in my district, we would like to see a lot of the -- we would like to see dollars spent towards single-family home rehabilitation, right? Commissioner Reyes: Yes. Commissioner Hardemon: To give owner -occupied homes an opportunity to be storm resistant. Commissioner Reyes: That is housing. But what I'm saying is that -- Commissioner Hardemon: Right. Chair Russell: Please, one at a time. Let him finish. Commissioner Reyes: No, no, 'pero,"I'm -- just want -- Chair Russell: I understand, but let's go one at a time. City of Miami Page 123 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: -- to place this in your mind, you know, so you can keep on and clarify. Okay. You need -- you are just like me. I am very much for homeownership. That is housing, affordable housing. But then, I -- can I take $10 million and I said, "business development"; that's economic development. Commissioner Hardemon: That is economic development, yes. Chair Russell: Correct. So -- Commissioner Reyes: Okay. Chair Russell: -- what I would like to clar -- Commissioner Gort, please. Vice Chair Gort: I got a question. Real slowly, can you go and read again what was in front of the voters? Ms. Mendez: I think, for purposes -- I will re -read it, but for purposes of this -- Chris, and you could jump in whenever -- we have certain -- Vice Chair Gort: And I don't want nobody to jump. I don't want nobody to jump in. I been in the business for 25 years, and it's very important, what's in here in the ballot, and what's in the bond -- Ms. Mendez: Okay. So -- Vice Chair Gort: -- what's being put in the bond. Ms. Mendez: -- I will read you what went on the ballot. But remember, we passed other legislation saying where we were going to allocate certain monies, but I will read what's on the ballot first. "Shall the City issue general obligation bonds in an aggregate principal amount not exceeding $400 million" -- Vice Chair Gort: Right. Ms. Mendez: -- "with interest payable at or below the maximum rate allowed by law, payable from ad valorem taxes levied on all taxable property in the City, provided that the capital projects debt millage not exceed the current rate of .5935, to: Reduce flooding risks, improve storm water infrastructure, improve affordable housing, economic development, parks, cultural facilities, streets and infrastructure, enhance public safety?" Vice Chair Gort: Thank you. Chair Russell: Thank you. Vice Chair Gort: My understanding is all the items that are included in there, we list several resolutions to allocating certain funds, according to how we decide to allocate them. Now, the other thing: The validation, when it takes place, is a validation to make sure there is no problem when you come out with the bond issue. What happens is, they're not going to do the hundred million dollars at one time. My understanding, we learned from the past. We're going to allocate the funds, according to my understanding, accord -- and the way that it's going to be spent, and make sure we can spend it over three years, and we're allowed to do that. Once you do a bond issue, you cannot go beyond three years, because that's when you get in trouble with Internal Revenue. So my understanding is, the decision here today is to give them the right to validate the hundred million dollars that you're talking about, right? City of Miami Page 124 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: If I -- Vice Chair Gort: And then we have to decide how we're going to utilize those funds in our districts, wherever we want. Thank you. Chair Russell: Thank you. Commissioner Carollo: I need some answers from the Administration. Let me begin with Chris, since we have you up there, Chris. Mr. Rose: Please. Commissioner Carollo: And you're all happy and giddy today, which I'm very happy for that. It's good to see employees happy. Do -- and I've heard two ways of doing it; one was the way we divvy up the anti poverty funds, and the other way that I heard was what Commissioner Reyes said, 20 apiece. And Russell here was -- had a big smile on his face when he heard that. Chair Russell: Glad to see the differing opinions. I actually have -- Commissioner Carollo: Yeah. Chair Russell: -- a third opinion that is to be of the API (Anti -Poverty Initiative) funds currently, as we're addressing it. Commissioner Carollo: But what I'd like to get from you, if we were to divide it, like Chairman [sic] Hardemon stated, do you have something -- I mean, that should have been something you guys should have had from way back -- what each district is going to receive from the hundred million? Mayor Francis Suarez: Mr. Chair, if I may? May I? Just -- Chair Russell: Mayor, sure. Commissioner Carollo: Well, I'm -- you could, but I'm asking him a question. You could -- Mayor Suarez: I understand, but I want -- Commissioner Carollo: -- and if you got a problem with that, you could comment later, Mr. Mayor. I mean, this is the legislative body right now; you're the executive. I'm trying to legislate through asking questions. I've asked a simple question. Unless you have an objection to that question, then we can get into it. Mayor Suarez: Mr. Chair, if I may? Commissioner Carollo: But I just want my question to be answered without any interruptions. Chair Russell: Mr. Mayor. Commissioner Carollo: Then you have a right to ask and say whatever you want, if the Chair wants to allow you. Mayor Suarez: Thank you. Mr. Chair? Commissioner Carollo: Now, if I can, I've asked a question, and I would really appreciate it, Francis, if you would not interrupt me. Thank you. City of Miami Page 125 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mayor Suarez: Mr. Chair, may I? Commissioner Carollo: Chris. Chair Russell: With all due respect, we have all been talking over each other all day, and we've been interrupting each other, and we've been going back and forth. I would like to give the Mayor the respect. If he'd like to interject on this question -- Commissioner Carollo: Wait a minute, Chair. Chair Russell: -- he may -- Commissioner Carollo: I was asking -- Chair Russell: -- he may (UNINTELLIGIBLE) -- Commissioner Carollo: -- a question. I didn't even get it answered, so how could -- Chair Russell: But it's definitely coming. Commissioner Carollo: -- he interject? I'm only asking -- Chair Russell: It's definitely coming. Commissioner Carollo: -- the breakdown -- Chair Russell: It's definitely coming. Commissioner Carollo: -- a very simple question. And because he's named you Chair, you're taking favoritism. This is not the way the legislative body works. In Congress, you don't have the President of the United States sitting down there questioning everything that Congress does, so we should have the same thing here. He's the executive branch. And all that I've done is asked a simple question, and even before I get an answer, he wants to interject and interrupt what I'm asking. Chair Russell: We've been doing that to each other all day. Commissioner Carollo: No, no, no. No, we don't -- Chair Russell: And in fact with -- Commissioner Carollo: -- no, we have not. Chair Russell: -- you 're doing it right now. Commissioner Carollo: No, we have not. Chair Russell: All comments -- we should not be doing colloquy between each other without going through the Chair, and I've been very flexible with that, because I want us to have a congenial body that can speak openly. Commissioner Carollo: And I was. I was going through you when I asked the question. Chair Russell: I want us to speak openly. Commissioner Carollo: I was going through you when I asked the question. Now, if you want to show a prejudice towards the person that appointed you and not even let City of Miami Page 126 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 a question be answered to me, that's fine, but I'm still going to get my question answered -- Chair Russell: You absolutely will. Commissioner Carollo: -- no matter what he wants to say or ask for. Chair Russell: 100 percent. Commissioner Carollo: And it's extremely inappropriate, when I'm asking a simple question that I should get the answer fairly quick, for him to interrupt and for you to let him interrupt, when all he has to do is just wait a few minutes and then he could ask whatever he would like to ask. Chair Russell: Right. With all due respect, we've all been interrupting all of each other all day long. Commissioner Carollo: Well, that's an excuse. Chair Russell: I know you don't want him to interrupt -- Commissioner Carollo: That's an excuse, Chair. Well, he's not part of the legislative body. Chair Russell: He is the Mayor of the City. He's here to address us. Commissioner Carollo: He might be the Mayor of the City, but he's not part of the legislative body, and that's one of the things that all of us should understand; who legislates and who does not, because we're muddying up our roles here more and more each day. Chair Russell: 100 -- agreed. I do not believe -- Commissioner Carollo: You know, the strong Mayor -- Chair Russell: -- he's trying to make a motion. Commissioner Carollo: -- did not pass. Chair Russell: I don't believe he's trying to make a motion or legislate. Commissioner Carollo: It failed by over 64 percent. Chair Russell: He's simply making a comment on your question before it's answered by Mr. Rose. Commissioner Carollo: Well, he's interrupting me -- Chair Russell: Yes. Commissioner Carollo: -- so I won't get my question answered. Chair Russell: I will make sure, 100 percent, that Mr. Rose answers your question in full, regardless of the Mayor's comments. Please, Mr. Mayor. Mayor Suarez: Thank you, Mr. Chair. So first of all, I didn't interrupt anyone. I waited for the person who was speaking to finish what they were saying, and I have a question as well, based on what they were saying, and based on my basic City of Miami Page 127 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 understanding of where we're at, at this particular juncture. And I also want clarification, based on what I believe this body has already approved, and how we're going to go forward. That was my understanding. So my understanding is that this board has approved so far a tranche of the hundred million dollars of affordable housing money; $15 million of which is going to be spent in that first tranche. That tranche is divided into a variety of different components. Component number one are two specific projects that were identified by this Commission, that the Commission approved, that totaled $3 million. That leaves $12 million. 8 million of that $12 million was subject to an RFP process, for anyone to bid on, to determine whether or not they had a project that was eligible that we would fund within that $8 million. That is -- 8 plus 3 is $11 million. The balance of that is $4 million, which was set up in a fund to stem, potentially, climate gentrification of single-family residential homes. That was what that category was for. I don't believe that this Commission has further decided how those $8 million are going to be spent, or how those $4 million are going to be spent within those categories. I do believe that this Commission has already determined those categories. What is remaining is $85 million. As -- we have spoken about this many, many times. Commissioner Reyes has been a forceful advocate on this issue. We have been working with Florida International University to develop an affordable housing plan, and we had been working coherently with them for months. And my understanding was that once those findings were to be presented to this Commission, this Commission would decide how to move forward with the remaining tranches, which is $85 million. I simply wanted to clam that. I'm sorry if it offended the Commissioner. I am the Chief Executive of this body, but I'm also the Chair of the Commission, and that is in the Charter, sir. And so, I have -- Commissioner Carollo: No, no, no. No, sir. You are the Chair if you remove him. Chair Russell: I am the Chair. Commissioner Carollo: Right now you're not the Chair. You want to be the Chair? Remove him as Chair and become Chair. Chair Russell: I am the Chair of the Commission. Commissioner Carollo: Okay? Remove him as Chair -- Chair Russell: I have designated -- Commissioner Carollo: -- and become Chair. Chair Russell: I'm the Chair of the Commission. Commissioner Carollo: No. You're the Chair -- Mayor Suarez: I have designated -- Commissioner Carollo: -- if you decide to be Chair. Remember, I was an Executive Mayor before you were -- Mayor Suarez: Yes. I remember. Commissioner Carollo: -- and this is how it works: You either get to be the Chair, and if you decide to appoint someone, then you are not the Chair. Mayor Suarez: I am the Chair. And I designated -- Commissioner Carollo: Okay, good. That's it. City of Miami Page 128 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mayor Suarez: -- someone as the Chair on the Commission. Thank you. Chair Russell: All right, let's move on. Mr. Rose, please answer the question. Mr. Rose: The answer to the question that Commissioner Carollo asked is on Page 510 of the adopted operating budget book, the blue budget book. The old API numbers are right there. So District 1 would get 16 percent of the hundred -- $100 million. It's actually 16.3. So 16 -- Commissioner Carollo: 16 -- Mr. Rose: 16, 300, 000. Commissioner Carollo: -- .3 Percent. Okay. Mr. Rose: D2 would get $4.7 million; District 3 would get $15.7 million; D4 would get $23.5 million, and D5 would get $39.8 million. Commissioner Reyes: Where are we? Mr. Rose: On Page 510 of the blue budget book. Commissioner Reyes: Can you come again? D4, what? Mr. Rose: 23.5, sir. Commissioner Reyes: We get 23.5? Mr. Rose: Yes, sir. Commissioner Reyes: And I heard somebody's getting 30? Mr. Rose: District 5, 39.8. Commissioner Carollo: Well, since you're getting the most in District 5, Commissioner Hardemon -- Commissioner Reyes: He needs it the most. Commissioner Carollo: -- if you want to agree with that other $15 million I want, I guess you're still going to have the most of anybody, and you could pay those 15 million, right? Commissioner Hardemon: I know nothing. Chair Russell: Thank you. So -- Commissioner Carollo: Be careful (UNINTELLIGIBLE) -- there was a certain colonel that used to say that. Commissioner Hardemon: Say what? Chair Russell: So every -- what the various Commissioners have said is correct; the City is doing its best to make sure we spend it wisely, but at the end, it is the decision of this body on how the funds end up getting spent. I do recommend that each Commissioner do meet with -- the Metropolitan Center of FIU has been working very hard on a master plan. They're starting outreach in the communities with community meetings next month, where they'll be taking input. Right now, up to City of Miami Page 129 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 now, they've been getting -- they've been studying the data of the City, and it is staggering for us to learn and realize where the true deficiencies are and how bad it really is. We are the worst in the country, by far; especially with regard to the amount of someone's income that is spent on their housing. For those who are spending over 30 percent, it is about 57 percent of our population that is spending that amount. The next closest city is Oakland, California, at 10 percent under that, in the 40s, and all the rest are lingering below, but we are far and above the worst, so we have a crisis to attack. We're doing a great job so far as having brought the bond to the voters, starting the process, and now they're going to be making recommendations on how to spend it so that we don't all accidentally spend it at once. And the most interesting thing I heard from the Metropolitan Center 's recommendation is this hundred million shouldn't be your spend; it should be your nest egg, your equity that you guard and leverage six, seven times. So it's not just $100 million -- Commissioner Reyes: Yes. Chair Russell: -- it's going to be 6 or $700 million, maybe even more, if we're smart about it. So we do need to be careful. Commissioner Reyes: Yes, and I agree with you that we need to be careful; and also, we should work in a way that we're going to get the biggest bang for the buck. And I want to add to what you're saying, and there are areas in this -- in our city that we have residents that they're paying 70 percent and 65 percent of their income on housing. Commissioner Hardemon: Right. Commissioner Reyes: You see. Commissioner Hardemon: Look -- Commissioner Carollo: Well, we heard what I basically was alluding to, before the Mayor spoke, that the Administration has other ideas on where this money should go. Now, I think we need to, you know, flush the quail out and decide what this Commission wants to do. FIU can come with wonderful recommendations that each of us can decide with our money how much of that we could follow or not, or come up with other creative ways that we can find additional dollars to do that with on our own. But what I am not, as one member of the legislative body, 20 percent, going to do is to just sit back and let deals go on that are not in the open, that someone else is deciding for us how the money's going to be spent, particularly in my district. I know what needs to be done in my district. I've been moving forward on what needs to be done in my district. And frankly, I just need to resolve this so that I know how quickly and how many places we're going to be put shovels into the ground. Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes, Commissioner. Commissioner Hardemon: I agree with you, Commissioner Carollo. Look, I've lived in James E. Scott Housing Projects, right? I spent every one of my days at -- in what we call the "Pork `n' Beans, right? I can be fairly sure that anyone at FIU doing the study don't know those experiences the way that I have. And I've lived in Liberty City for the majority of my life and still visit -- have friends and family that live there, and in Overtown, in Little Haiti; I mean, all these places that people are afraid to go to, but they write about from the comforts of their home and publish in the newspaper. I've had family that's been shot. I have friends that have been executed. I mean, I have -- I -- And so, when we talk about Miami, I am the Miami City of Miami Page 130 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 experience. And so, I believe that any bit of information that people give me is good, and we should all consider it, but I'm also of the opinion that because we're so intimately involved in these neighborhoods and the people that live in those neighborhoods, and seeing the struggles of what they actually need, that that's why we created this thing where we have the ability to touch our neighborhoods the way that we thought it should be -- best be touched. And I thought that by making a decision -- if I were to decide what was going to happen in District 4, I just think that it's unfair. I mean, I just had an opportunity to visit a park -- Commissioner Carollo: Well, we're in agreement. Commissioner Hardemon: -- the Bay of Pigs Park, and it was -- you know, I had never been there before. How am I going to decide what the housing in -- near the Bay of Pigs Park need, unlike the Commissioner who represents the district? Chair Russell: Thank you. Commissioner Reyes: And I thank you -- Chair Russell: Commissioner -- Commissioner Reyes: -- you for being there. Chair Russell: -- Gort, please. Vice Chair Gort: I sat down with the (UNINTELLIGIBLE) statistics, and I agree with the -- my fellow Commissioner here. I've been here since 1956. I live in the same house since 1962, and I saw -- you talk about gentrification. I saw gentrification taking place in Allapattah, where we had some beautiful neighborhoods, income was very good, good standard. All of a sudden, everything started going down. So it was in reverse. So there's a lot of need. In my district, I have over 6,000 affordable housing units. What happens? That's why I like to see economic development, also, because if you didn't increase the salary of the people that lived in that neighborhood, that neighborhood is never going to improve, and that's what a lot of people don't realize. And this is something we need. And before I became a Commissioner, I build a lot of affordable housing in non -for -profit corporations, which I Chair. So I'm aware of the needs, but at the same time, we need to create economic development. We need to create -- and what you're doing with the -- right now, that I hope you do get the $25 million, because that area used to be a very successful area at one time, 30 years ago, and it should be back to it, because you can provide a lot of jobs. And this is something we really have to look into it. So that's -- nobody's going to tell me in my district what work, what doesn't work, because I've been there 56 years. Chair Russell: Thank you. Is there a motion on RE.14? Commissioner Carollo: We're not done. Chair Russell: Oh, no. We can keep discussing. I'm just wondering if there's a motion. Commissioner Reyes: No, no. I just want to add something just for the record. From what I -- the preliminaries that I have from that study and the recommendations from FIU -- and I agree with some of them. It is -- one of them is that -- I had always been against having those big projects, those big projects, because those big projects, the only thing that it nurture is poverty, you see. I like to have small projects in -- all around in every district, so we can provide some affordable housing, and at the same time, have them integrated with the rest of the City of Miami Page 131 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 society, you see. I lived in Chicago, and I went to the projects in Chicago, and I don't want that to be duplicated in the City of Miami, because I know that is going to fail in the long run. It's just going to create a pocket of poverty. And that is -- I will oppose any of those projects; that's for sure. Huge projects. Chair Russell: Thank you. Commissioner Carollo: Well, I think that a supermajority here has spoken and has made clear, Mr. Manager, where we stand at; that we want district Commissioners to decide how that money is going to be spent in our districts, taking and welcoming any recommendations that Fill would like to make, because even a hundred million is nowhere near enough; nowhere near enough for what we need to build sufficient affordable housing in Miami. Therefore, we're going to be having to look for ways of bringing more money in than just a hundred million dollars. But having said that, the only thing that I see here that's left to briefly discuss is the other 15 million that the Mayor alluded to. If this body wants to let those 15 million go that route, or does this body want to bring those 15 million back into the hundred million pot? Because this is my concern from day one. From the day that I heard you, Commissioner Hardemon, make that motion, and then the Commission approved it to put it in -- on the ballot and it got approved, my concern always was that this would happen: The people will come and try to cut it in those ways away from the Commission that knows best what is needed in each of our districts and how to spend it there. So what do we do with that other 15 million that was mentioned here? Commissioner Hardemon: May I respond? Chair Russell: Commissioner Hardemon. Commissioner Hardemon: I know the Mayor said some things on the record, but I don't -- without having everything in front of me, I can't educate -- you know, like I can 't intelligently discuss those issues, so what I'd like to do is just sit down with the Administration so I have a -- to make sure I'm understanding exactly what we've passed and where we are and where we're going, and then, we probably should come back with a discussion item to talk about that at some point in the future. Commissioner Carollo: Then we -- should we bring everything back then, including this item then, on the hundred million? Commissioner Hardemon: No. I think this one is just -- Chair Russell: We need to pass this one. Commissioner Hardemon: Yeah, this is just going to get the ball rolling. Vice Chair Gort: (UNINTELLIGIBLE) go to court and validate the -- Commissioner Hardemon: Let's get the ball rolling. This is so that we can, you know, start to make changes in our districts. So I think it's smart to kind of get this moving. Commissioner Carollo: Again, my concern -- I'm only going to vote for this -- Commissioner Hardemon: Yes. Commissioner Carollo: -- having heard each of you speak your mind on how you want this to be spent, and who's going to spend it within our districts. If I'm going to vote for something that is going to end up the Administration, through the Mayor, City of Miami Page 132 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 deciding how it's going to be spent, and then I'm going to be seeing chunks of it going to economic development, I'm going to feel really let down in this. Commissioner Hardemon: We drive that ship. Commissioner Carollo: Yeah. So I've spoken, you know, my mind on it, and call the question. Chair Russell: We have no motion, yet, on the floor. Commissioner Hardemon: I'll move it. Chair Russell: It's been moved -- Commissioner Reyes: I'll second. Chair Russell: -- and a second. This is on the original agenda, so the public has already spoken to this item. Is there any further comment from the dais? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? RE.14 passes. Thank you very much. Todd B. Hannon (City Clerk): As amended. Chair Russell: As amended, yes, with the -- Mr. Rose: Thank you. Chair Russell: -- scrivener's changes. Mr. Rose: Thank you, Commissioners. END OF RESOLUTIONS City of Miami Page 133 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 SR - SECOND READING ORDINANCE SR.1 ORDINANCE Second Reading 5194 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY ADDING ARTICLE XVII, TITLED "COVENANTS FOR AFFORDABLE OR WORKFORCE HOUSING," TO INCORPORATE SPECIFIC ENFORCEMENT PROVISIONS, PENALTIES, AND REQUIREMENTS FOR RESTRICTIVE COVENANTS ASSOCIATED WITH AFFORDABLE OR WORKFORCE HOUSING THAT MAY PROVIDE PROPERTY OWNERS OR DEVELOPERS WITH DEVELOPMENT INCENTIVES OR BENEFITS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13826 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: I would like to take up the ordinances, starting with SR.1, please. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you very much. Is there a motion on SR.1? Commissioner Reyes: Move it. Chair Russell: It's been moved by Commissioner Reyes. Vice Chair Gort: Second. Chair Russell: Seconded by Commissioner Gort. Any discussion on the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. END OF SECOND READING ORDINANCE City ofMiami Page 134 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 5479 Off -Street Parking Board/Miami Parking Authority AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PROVIDING FOR THE BORROWING IN THE FORM OF A REVOLVING LINE OF CREDIT IN A TOTAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED TEN MILLION DOLLARS ($10,000,000.00) (COLLECTIVELY, "LINE OF CREDIT") FROM CAPITAL BANK TO FINANCE THE PROJECTS DESCRIBED BELOW; PROVIDING FOR THE ISSUANCE OF THE CITY OF MIAMI TAX-EXEMPT PARKING SYSTEM LINE OF CREDIT NOTE, SERIES 2019A AND CITY OF MIAMI TAXABLE PARKING SYSTEM LINE OF CREDIT NOTE, SERIES 2019B (COLLECTIVELY, "NOTES"); PAYABLE FROM PARKING SYSTEM REVENUES OF THE CITY'S DEPARTMENT OF OFF-STREET PARKING A/K/A MIAMI PARKING AUTHORITY ("MPA"); PROVIDING FOR THE PAYMENT OF THE NOTES; AUTHORIZING THE NEGOTIATION AND THE EXECUTION BY THE CITY MANAGER, THE MPA CHIEF EXECUTIVE OFFICER, MPA CHIEF FINANCIAL OFFICER, AND ALL OTHER NECESSARY CITY AND MPA OFFICIALS OF THE NOTES AND ALL FINANCING DOCUMENTS IN CONNECTION WITH THE NOTES, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE NOTES; AND PROVIDING AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Carollo ABSENT: Hardemon Chair Russell: FR.1. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you. Is there a motion on FR.1? Commissioner Carollo: Moved. Chair Russell: It's been moved by Commissioner Carollo. Commissioner Hardemon: Second. Chair Russell: Seconded by Commissioner Hardemon. Any discussion on the dais? Art, did you want to -- Commissioner Reyes: Yes. Chair Russell: -- address the body? City of Miami Page 135 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: I have a question. I have a question. Chair Russell: Commissioner Reyes. Commissioner Reyes: It's a question. Do you have a list of the projects that you intend to -- I mean, that you're going to finance with this? Art Noriega: So this is a revolving line of credit. It's intended to provide cash flow in anticipation of a permanent bond issue, which we'll come back to the Commission for -- Commissioner Reyes: The bond issue has not been approved by us, right? Mr. Noriega: No, the bond issue will be approved by you. All financing is -- Commissioner Reyes: All of us? Mr. Noriega: -- is approved by the City Commission. Commissioner Reyes: "Should be"; no "it is." Mr. Noriega: That's what I said. It will be approved by this body. Commissioner Reyes: It will be brought to us for approval. Mr. Noriega: Correct. Commissioner Reyes: Doesn't mean -- Mr. Noriega: And that -- Commissioner Reyes: -- that, for sure, it's going to be approved. Mr. Noriega: Oh, no, no. Commissioner Reyes: No, no. That's what you're saying. Mr. Noriega: Without question. Commissioner Reyes: Okay. Mr. Noriega: Without question. Commissioner Reyes: That -- okay. But you don't have a list of what you want to do with this money. You just want to have this as a revolving, I would say, little -- Vice Chair Gort: Line of credit. Commissioner Reyes: Okay. This is the list? Mr. Noriega: Preliminary list, correct. Commissioner Reyes: Okay. Okay, this is just what I wanted. Mr. Noriega: Yeah. Commissioner Reyes: This is the only thing that I want. Okay. You're going to use - - but this $10 million doesn't give you anything. I mean, not even -- City of Miami Page 136 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mr. Noriega: It's intended to be seed money -- right -- Commissioner Reyes: Seed money. Mr. Noriega: -- to be able to preliminarily start to spend money on these projects in anticipation of -- Commissioner Reyes: In anticipation of a bond issue. Mr. Noriega: -- a future bond issue -- Commissioner Reyes: A future bond issue. Mr. Noriega: -- which we'11 bring back to the Commission. Commissioner Reyes: What interest are you going to have in paying for this? Mr. Noriega: Say -- Excuse me? Commissioner Reyes: Interest rate. Mr. Noriega: Scott, you want to speak to -- Scott Simpson: Sorry. I -- Mr. Noriega: -- the submittal for (UNINTELLIGIBLE)? Commissioner Reyes: What's the interest rate you 're going to be paying for this --? Scott Simpson: It's tied to LIBOR (London Inter -Bank Offered Rate). It's a variable rate. So there's no carrying cost. So if you don't use the line, we don't have any expenses. Commissioner Reyes: Yes, but when you use the line of credit, what interest --? I mean, when you get some money -- you borrow money, you pay interest. If you're borrowing money, even if you have a line of credit in any bank, once you use those funds, you have to pay interest. Mr. Simpson: Correct, but LIBOR is floating; it changes every month. It's a variable rate. Commissioner Reyes: It's floating, but -- I mean, and it has a maximum and a minimum? Mr. Simpson: No. Commissioner Reyes: It has -- I mean, it's based on, let's say, going rate -- I mean, the Feds or --? It's based on what? Because -- I mean, it could be 10 percent, or it could be at 20 percent. I mean, I just want to know a number. Mr. Simpson: At the time when the RFP (Request for Proposals) was issued, the tax exempt rate on the money that we would borrow, would have been 2.77. Commissioner Reyes: Okay. Mr. Simpson: The taxable rate would have been 3.46, but at any point in time when we draw against the line, it could be higher. City of Miami Page 137 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: It could be the -- it is variable, but that's what you're saying. Mr. Simpson: Yes, sir. Commissioner Reyes: It's variable. And if it is variable, if you haven't paid that loan, and interest rate increases, you see, then you're going to be paying more. We don't have a fixed rate here. Mr. Simpson: Correct. Commissioner Reyes: You don't have a fixed rate, which is kind of dangerous. Now, we don't have -- we have an -- interest rate has -- the Feds have not increased it anymore, but if they increase it, we're going to be paying more. Mr. Simpson: But the intent of this is to be short term. And if you look at the -- Commissioner Reyes: Okay. Mr. Simpson: -- variance between long term, short term, fixed, and variable, since it is going to be short term, it is much smarter to go with a lower variable rate. Commissioner Reyes: Define "short term." It's going to be used within a year, within two years, within three years, or within six months? Mr. Simpson: The intent is for the Parking Authority to come back to this board, sometime in the late summer or early fall, for -- Commissioner Reyes: With a bond issuance. Mr. Simpson: -- placement of the bonds. Commissioner Reyes: Bond issue. Mr. Simpson: For the bond issue, correct. Commissioner Reyes: And that interest rate for those bonds that -- it is fixed? Mr. Simpson: Depending on whether we get traditional bond financing, private placements, that type of thing. It -- currently, 100 percent of the MPA's (Miami Parking Authority) debt portfolio is a fixed rate. Commissioner Reyes: Okay, okay. I just want to make sure -- I wanted to know what -- how much we were going to pay for it, and the way that it was done. I don't like variable interest rate; I never liked it. And I think that we are -- if we are using that line of credit, make sure that we pay it as soon as we can. Mr. Simpson: I understand. We will. Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes. Of course, Commissioner. Commissioner Hardemon: Mr. Noriega, they misspelled "Athalie Range" in the Athalie Range Parking Lot. Only because she's a -- you know, she's an important lady, I want to point that out to you. Chair Russell: Respect. City of Miami Page 138 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Hardemon: But the $1.6 million for 230 spaces, is that half of that space that's underneath the expressway, or is that the entire --? Mr. Noriega: Price of the entire. Commissioner Hardemon: That's the entire one? Mr. Noriega: Correct. Commissioner Hardemon: Great. Thank you. And -- all right, that does it for me. Chair Russell: Thank you very much. Commissioner Reyes: Excuse me, sir; just another question. You see, you go to downtown Miami, you don't have a place to park. I mean, it is now not -- we have very short off-street and on -street parking, and all of them has been taken by the land right now, which cost 10 or $15 the first 15 minutes, which is outrageous, you see. If we want to bring people to downtown Miami, they need a place to park their automobiles. In your list over here, you see, I know that we have two of them -- right? -- in downtown Miami? In your list over here, I don't see any parking buildings in down -- projected for downtown Miami. Do you have -- in the future, do you have any plans to bring more parking to downtown Miami? Mr. Noriega: So we currently have a project that's under construction that is not included in this list, because we leveraged a piece of property we had to expand an existing garage by 350 spaces, which is the garage adjacent to our office. So that's additional inventory. Commissioner Reyes: But that is kind of retard. Do you -- are you going to -- have a set of trolleys taking people all the way to, let's say, Northeast 2nd Avenue and Flagler, or places like that? Mr. Noriega: No, because that's on one side. Then I have another project, which is also in the -- in pre -development, which was part of an additional RFP we issued, which was an expansion of another garage, which we call our "Cultural Center Garage," which is three blocks south of that one, which is also going to be an expansion of another 350 spaces to an existing garage, which we leveraged, at no cost to us, for redevelopment air rights. So those two are going to bring online about another 600, 650 spaces. Outside of that, really, downtown currently is, especially at nights and on the weekends, way over -supplied. We're -- we've contracted -- Commissioner Reyes: At night, nobody goes to downtown Miami. Mr. Noriega: Huh? Commissioner Reyes: Only the residents go to downtown Miami at night. Vice Chair Gort: No. It's changing. It's changing. Commissioner Reyes: It's changing, but very, very little. Very little. No, he says there is excess parking in downtown Miami at night; of course. Vice Chair Gort: By the way, Commissioner, one of the best exercise you can do is walk. Commissioner Reyes: Yes. City of Miami Page 139 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Vice Chair Gort: We don't walk enough here in the City of Miami. Chair Russell: It's good for you. All right. Any further discussion -- Commissioner Reyes: No, but I -- Chair Russell: -- on the item before we vote? Commissioner Reyes: -- know that it has been -- it's a hassle for me every time that I go to downtown Miami, and I am totally opposed of giving up our parking spaces on the street and renting them for valet parking, even though I have very good friends that that's their business, but I don't want -- that is something that I don't like. Chair Russell: Commissioner Gort. Vice Chair Gort: Let me ask a question. I know we've had a lot of business within 8th Street and Flagler, and those corridors right next to residential. But at the same time, there 's a lot of office spaces, but they don't use the parking lot after 5 or 6 o'clock. One of the suggestions to those people that having problem with their parking space is to rent the spaces from them. Commissioner Reyes: Yeah, that's -- Vice Chair Gort: That's something that we need to look at. Commissioner Reyes: That is a great idea. That's a great idea. And another thing that I was talking to -- This is not related to this -- with a Commissioner, is I had a lot of complaints from businesses in Southwest 8th Street that -- I mean, they're losing the parking spaces, because they have been given to valet, and you've been renting them for valet, but the few that are available, and people are getting tickets after 9 and 10 o'clock, I mean -- you see, we want to bring business, you see. And some -- every time that -- if you having a couple of beers and you forget it, because you don't have the app, or whatever, you're going to pay $18 for a ticket. So if we could just limit the time that they will be ticketed, you see. Let's say, after 9, there is no charges, you see. Mr. Noriega: We had that conversation, and I told you I'd like into that for sure. Commissioner Reyes: Okay. Chair Russell: Thank you. Is there any further discussion on FR.1 ? Hearing none, all in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes for FR.1. City of Miami Page 140 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 FR.2 ORDINANCE First Reading 5549 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 21/SECTION 2-1317 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD/COMPOSITION OF BOARD; TERMS, FILLING OF VACANCIES," BY INCREASING THE NUMBER OF VOTING MEMBERS OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD ("BID") FROM SEVEN (7) MEMBERS TO NINE (9) MEMBERS AND REQUIRING MEMBERS TO BE EITHER (I) COMMERCIAL PROPERTY OWNERS IN THE BID OR (II) DESIGNATED REPRESENTATIVE; INCREASING QUORUM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: Item FR.2 was deferred to the March 28, 2019, Planning and Zoning Commission Meeting. For additional minutes referencing Item FR.2, please see "Public Comment Period for Regular Item(s)." Chair Russell: FR.2 is within both Commissioner Hardemon 's and my district. I don't believe there's issue taking that one up now. So FR.2, if you could read it into the record, please. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you. Is there a motion on the item? Commissioner Hardemon: I have some discussion first. Chair Russell: Absolutely. Commissioner Hardemon. Commissioner Hardemon: I want to ask you a very important question. On the board right now, who serves on the board, are there owners on the board, or are they representatives of the owners on the board? Manny Gonzalez: Right now they are all property owners. Commissioner Hardemon: Right. So the issue that I have with this piece of legislation is this: I have no issue with the board going from seven members to nine members. I have no issue with two of them being either retail cultural arts office or restaurant established business owners. However, I have an issue with the change that makes designated representatives of a BID (Business Improvement District) member and then writing it pursuant to the applicable qualification process as detailed in the BID Board bylaws. The reason being is this: Right now the board is representative of commercial property owners that are there. We know that those commercial property owners go to those meetings to help make decisions, et cetera, City of Miami Page 141 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 for what's happening there. We know that they have busy schedules, because the nature of what they do. However, the BID was created by them for them to create this benefit for all of them. And so, what I'm afraid is going to happen, which is probably going to happen, is that once you say "owners or their designees, you'll never see the owners in the BID meetings again; it'll always be designees. And so, now when you want to, you know -- say, for instance, in the City, if we want to address that body, we're going to address the representatives, and the representatives are going to sit the way that they sit before us in here and they say, "I'm sorry; I can't make that decision. I'll have to refer back to what the owner of the property believes, " you know. So it's like you're going from an actual person that is a decision -maker to someone that represents the decision -maker and is not the decision -maker. That's my issue with it. Mr. Gonzalez: I got you. Chair Russell: That's a very good point. Commissioner Reyes: That's a very good -- Chair Russell: In the Coconut Grove BID, the reason we also have the same language is that some of the members that are in there are, say, Coco Walk, and there is no one person who is the owner of Coco Walk, so they send their representative. Same thing with Mayfair; it's a very big entity, and some of these are business -owned entities with multiple shareholders, so we leave that freedom, but I understand what you're thinking of. In the classic Wynwood sense, there is a person who owned one property, and they're the, you know -- Commissioner Hardemon: But even if you were a co-owner of a property, even if you had a percentage of something, you're still technically an owner. You know, if I own 5 percent of the Miami Dolphins -- Chair Russell: Yeah. Commissioner Hardemon: -- I do not -- I am an owner; I am not, you know. So that's my hang up with this legislation. So I don't mind moving the legislation along, but striking that part of the language. Mr. Gonzalez: Commissioner, ifI may? Chair Russell: Name, please. Mr. Gonzalez: My name's Manny Gonzalez, Executive Director, Wynwood BID. This is also a mechanism that allows the important stakeholders to be part of a board without -- sometimes, what happens, like in the Coconut Grove BID, from experience, is you have these gentlemen that are doing business throughout the City, and they're a big company with a big footprint. So this is a mechanism that allows these folks to continue, you know, doing business within the neighborhood, having a designee that will vote for them, because they will sign, but it avoids sunshine. So as you have a small board, then what happens is, in reality, these folks don't want to join the board, because they're not allowed to work, so then we lose out on important, you know, property owners in the area that are just afraid of that. So similar to the Grove, that's how we did it, to ensure that the main stakeholders are there without the fear of having -- not being able to do business. Commissioner Hardemon: But not everyone participated on the board. I mean, you have the BID, you have a bunch of different property owners, but then you have the BID Board, and the BID Board are individuals -- right? -- I mean, you're going from five -- Okay. City of Miami Page 142 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mr. Gonzalez: So right now it's a board of seven property owners; there's currently five property owners serving; there's two vacant seats, and then we would expand two additional seats to have business, cultural arts representation. Commissioner Hardemon: So my question to you is this: Mr. Gonzalez: Yes, sir. Commissioner Hardemon: Are there more than five property owners in the Wynwood BID area? Mr. Gonzalez: Oh, yeah. Commissioner Hardemon: Okay. So my point to you is that you have a number of different property owners; just not everyone elects to be on the BID Board. Mr. Gonzalez: Right. Commissioner Hardemon: And so, what my worry is, is that -- I mean, I take the BID Board seriously, in the sense of it is a responsibility, one; but it's also an awesome privilege. And so, I can understand that there would be difficulty in naming people to a board, because we have that same dijf culty, you know, with the boards that we have in the City of Miami. What I do not want to do is get away from what -- you know, one of the ways that I believe that the City of Miami and the BID Board can always keep an honest and true dialogue, which is through the ownership, who is representative of the board, and the City. I think when you start to go further into representatives, it's a layer of almost bureaucracy. It's like, you know, people don't want to -- I'll give you an example. Many people don't want to meet with my Chief of Staff; they want to meet with me. Right? Even though he -- when he speaks on the behalf of the office, you know, the things he says should be taken seriously, but he's still not me Mr. Gonzalez: Right. Commissioner Hardemon: Right? So I want to avoid that issue. Mr. Gonzalez: Fair enough. Chair Russell: So you're moving it with an amendment? Commissioner Hardemon: I'm moving it -- I want to move with -- My motion is to modify the ordinance by striking the language that says that, "or designated representatives," the "either designated representative," so that it will read: "The BID shall have nine voting members," which is the amendment. "All BID Board members must be commercial property owners in the district." So I want it to remain the same, but I'll -- so I'll move the ordinance with that change. Chair Russell: So it's been moved and seconded, as amended. Vice Chair Gort: Yes. Chair Russell: Is there anyone from the public that'd like to speak on this item? Seeing none -- You would? Steve Wernick: Steve Wernick; address at 98 Southeast 7th Street. Just to clam to Commissioner Hardemon's point, the first -- to make sure that those two additional seats be available for cultural representatives, business owners, some of them may not be commercial property owners. But I think the intention, as expressed, was for City of Miami Page 143 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 the seven of the nine seats, they would be commercial property owners, and then the additional two might be commercial business owners or representatives. Mr. Gonzalez: To have a voice. Mr. Wernick: Something to that effect. Mr. Gonzalez: That is correct. Chair Russell: He's simply trying to avoid anyone that's a representative of that -- Commissioner Hardemon: Yes. Chair Russell: He wants the actual voice, correct? Commissioner Hardemon: Right. So -- Mr. Gonzalez: (UNINTELLIGIBLE). Chair Russell: (UNINTELLIGIBLE). Mr. Gonzalez: Right. Commissioner Hardemon: -- it reads that, "All BID Board members must be commercial property owners in the district." That is what it reads. And then the part that was inserted by Administration says, "Two members of the board shall either be retail cultural arts office or restaurant established business owners." That - - I think you're right. You know, a business owner and a property owner can be two different things. That's a conflict that's kind of -- that's really in here. So -- Chair Russell: We're on first reading. Commissioner Hardemon: Right. So I guess we can make changes to it by the come - - by come -- because we want, of course, the overarching theme to be that the business -- the board members are commercial property owners. And, you know, if they want to add two members to the board, the question is whether or not they have to be commercial property owners, as well as business owners. I don't -- it's like a conflict within the document now, right? Mr. Wernick: And the intent was always to make them business owners to have a representation from the business community on the board. Chair Russell: Understood. Mr. Wernick: So we could make the change as needed, but we'll move it; whatever you recommend, Commissioner. Commissioner Hardemon: So I'll continue with the motion, and y'all try to make that change. Thank you for bringing it up. I'll talk with you afterwards. Chair Russell: So you don't want an amendment at this point, or you do? Commissioner Hardemon: No. We'll move the amendment that we have. Chair Russell: Okay, as spoken. Commissioner Hardemon: Unless someone has a brighter idea for the last sentence, which is, "Two members of the board shall either be retail cultural arts office or restaurant established." Right now it says, "business owners." So, I mean, I'm -- City of Miami Page 144 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Vice Chair Gort: Which means they're not property owners. Commissioner Hardemon: Which means they're not property owners, right, which is -- What you can do -- so -- Continuance? Okay, let's just continue it to the next like meeting. Chair Russell: March 28, or you want a full month? Commissioner Hardemon: March 28 is fine. Chair Russell: Thank you very much. Mr. Gonzalez: Thank you, everybody. Chair Russell: There's been a -- Commissioner Hardemon: (UNINTELLIGIBLE) not a motion, yeah. Chair Russell: -- motion to defer until March 28. Is there a -- well, there's a withdrawal, obviously, of the first motion. Vice Chair Gort: To continue. Chair Russell: There's a motion to continue. Who is my second? Commissioner Reyes: Second. Chair Russell: Seconded by Commissioner Reyes. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. That's FR.2. Mr. Gonzalez: Thank you. Chair Russell: Ms. Warren, you seem to be chomping at the bit. I apologize. Is there an item you'd like to speak on on the agenda? Allyson Warren: It's not on the agenda (UNINTELLIGIBLE). Chair Russell: If it could hold, then; let's get through the business of the agenda then. And I apologize, because I see you've been here all day on this issue. City of Miami Page 145 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 FR.3 ORDINANCE First Reading 5599 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO REQUIRE A MAJORITY VOTE TO SUSPEND THE "FIVE DAY RULE" AFTER IT HAS BEEN INVOKED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Gort, Carollo, Reyes, Hardemon NAYS: Russell Note for the Record: For additional minutes referencing Item FR.3, please see "Public Comment Period for Regular Item(s)." Vice Chair Gort: What's next? Chair Russell: What's next is the Code Enforcement Task Force, RE.11. Commissioner Carollo: Can we take the other two items that -- Chair Russell: We absolutely can. Commissioner Carollo: -- before this one? This might take a little longer; I don't know. Chair Russell: We're going to table that one. We're going to go straight to FR.3, the Five -Day Rule amendment. Commissioner Hardemon: Before we move into it, I think our City Attorney, do you want -- are there some things that you want to say on the record -- Victoria Mendez (City Attorney): If asked. Commissioner Hardemon: -- regarding -- Ms. Mendez: If asked. Commissioner Hardemon: -- Five -Day Rules and adjournments? Is the Miami Herald here? Raise your hand, Miami Herald. Okay. I just want to make sure Miami Herald is here. I know he's always here. I'm just joking with you. Commissioner Carollo: The new Miami Herald, right? Commissioner Hardemon: El Nuevo. Commissioner Reyes: New Miami Herald. Commissioner Hardemon: I just wanted -- there's some things that you want to read into the record? City of Miami Page 146 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Ms. Mendez: I don't necessarily want to read anything into the record. I just want Commissioner Hardemon: You need to? Ms. Mendez: -- to talk about a couple things that happened at the last meeting. I don't have a formal opinion -- written opinion on this yet -- the Chairman actually asked me for one -- because the typed official minutes are not available yet, and I just wanted to be able to formally -- we've looked at videos and everything, but we just wanted to see the typed word versus the videos and all that. But basically, with regard to the Five -Day Rule, at the last meeting, I gave an opinion at the time, which basically said that the Five -Day Rule, correctly, as operated by the Chairman, operated with regard to the amended items, and I still stand by that, based on the research. It did not stop the operation of the original items, because the original items weren't changed, and the legislative intent behind the Five -Day Rule, as I said back then at the meeting, which feels like ages ago, was basically that it was utilized in order to not allow any substitutions or changes that came from either the Administration or from developers, so that the Commission has the opportunity to be able to review everything and have all the information before they take a vote. So the Chairman did correctly, on the amended item, call for the Five - Day Rule. However, when the Commission decided to vote on the unchanged items, they were in their right to do that. And then the reason why that's important, which is the opinion I gave on the date that this all occurred, on the 28th, the reason why that's important is because it directly affects the adjournment issue. So because the items were still under deliberation and there were motions to move on the un- amended items, the adjournment provision that the Chairman used was not appropriate at that time, so there wasn't an adjournment. The items were still going. And then the -- when the Chairman left, the Commission was able to properly move on the continuation of the items that they had before them. That is my preliminary opinion. I need to totally confirm all that with the minutes and everything, but -- And also, note that not all the items were amended, so you still had live items under deliberation. If all the items would have been finished, then it could be a proper motion by the Chairman at the time, but -- So the question that everybody asked, "Could the Commission continue when the Chairman left?" Based on the facts of last meeting, they could continue. Now, all this is very preliminary; just based on the videos and -- I need to get the written minutes, which are not available yet, but preliminarily, that's where I stand. Chair Russell: Thank you for that preliminary interpretation. Commissioner Hardemon. Commissioner Hardemon: Yes. I still -- you know, I still challenge our City Attorney, because, you know, I honestly believe that if -- and when we think about this in a way that -- of how we handle our business, if there's a resolution on the floor, and I look at this resolution, and I say, I want to insert another 'whereas' clause that says, X, Y, and Z'; I want to amend this resolution, modify it so that it includes more information that's" -- "than that's here," I believe that we, as a board, have every right to consider that amendment. If for -- and we have done it today. We've done it in other past meetings. We -- I mean, it is something that we do. Ms. Mendez: That's correct; like that -- Commissioner Hardemon: Right. Ms. Mendez: -- the way you're describing it, organically happening. City of Miami Page 147 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Hardemon: Let me -- I don't know what "organically" means in this, but I'll explain to you further. Sometimes we do it ore tenusly, right? We do it by our voice. And sometimes we say, "You know what? This might be a lot, so let me write it out for other Commissioners to consider," and we pass that document along. I believe that passing the document along with the amendments that you want to propose is effectively the same thing as doing it ore tenusly. In fact, I believe that passing the document along is actually better for the Commissioners, because now you can actually see it and question it, et cetera, whatever the change that was being made. And so, my point is, I think we go down a very slippery slope when you say, If there is a document that we create to amend a resolution that that document is now subject to a Five -Day Rule," because, effectively, it is the Commissioner basically saying, "This is for you to consider. This is an amendment that I would like to make." Now, the Commission has every right to vote down an amendment, you know. Every amendment does not have to be accepted. You know, you have will friendly amendments, and you have hostile amendments. If you have a hostile amendment, it's because the mover and the seconder don't agree to what your amendment is. However, if you have the majority of the body that wants to make that amendment, then you can make that amendment, and I don't think that the Five -Day Rule applies to it. And even when you read the Five -Day Rule, the Five -Day Rule talks about attachments and all the other things of that nature, but it does not say -- nowhere in the Five -Day Rule does it make plain that if someone has an amendment to the resolution that is there, even if they're -- whatever they're amending, that you can Five -Day -Rule it. And I've said at the meeting, there were parties on both sides, where one party, as a matter of fact, was making a -- they updated their -- I think they had like a -- for lack of better words, I will call it an appeal, but they basically made an appeal to this Commission. They had a document that was updated from the time that they had originally filed it, right? And so, here, I thought it was a bit -- I think it was in poor taste for the organization to pass out that packet, and I don't think it was -- I was the first one to object to them passing it out, because I'm saying, "What is this that you're passing out?" Because the motion I made was a ore tenus motion. And then -- or -- yeah, the motion I made was a ore tenus motion, and then they started to pass out a document. And I was the first one to say, "What are we looking at here?" And then I went through the pages, and I said, "Okay, this is the same. Okay. And the motion was even more clear. The motion said, If there's a difference between the old document and this document, other than the 21 " -- whatever -- 31 million dollars or so, "then the old document is the one that's going to apply." So effectively, what I'm saying to you all is that the document that was passed along to us was not -- it effectively attempted to capture, it appears, what I was saying ore tenusly, but even moreover, there were additional things that were added to -- ore tenusly than what was on the document that they passed out, because there are additional things that we talked about. And so, my worry is that any amendment that we want to make to a resolution or to an ordinance, or whatever, that may be just too much for words, or that we think would be better put on paper, is going to be taken as some sort of substitution or not an amendment, and you're not going to allow us to make these amendments on the floor. Ms. Mendez: So, I wanted to clam that. Commissioner Hardemon: And that was organic. Ms. Mendez: You were absolutely -- Commissioner Hardemon: And it was organic, because I want to make clear, as well, because when you -- to use your term, the first two times that Magic City came before this body, it was at the urge of me that the items were continued. And so, the last time the items were continued, the first thing that I said on the record was that there needs to be more community benefits, and that's what I was tasked with going City of Miami Page 148 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 out to get. Now, there was no way, of course, the -- that the amendments that I would want could be presented in the resolution, because it would have needed to be produced, you know, before the meeting would have -- had occurred, and there was no way that could happen. However, even moreover, this board didn't decide what those amendments should be. So the only proper way that we're going to introduce these amendments is if someone produces a document that says, "These are what the amendments, are" or we ore tenusly say, "These are what the amendments are." And so, I think it would have been presumptive to actually substitute an item with new amendments that the body didn't agree should have been there. Commissioner Reyes: Yes. Ms. Mendez: So I want to clarify it, because this is very important, as you're describing it, and I'm sorry if I am not clear with what I said. When you, as a member of this Commission -- any of these members of the Commission -- if you make an amendment, whether you pass it out yourself so that everybody could see what it is, or whether you are amending it ore tenus, the spoken word -- right? -- that is not five-day rule -able. I'm not saying that. What happened here -- and maybe if, you know, as you suggested, we should have taken a break; understand that everything that was being proffered by the developer at the time was everything that you had proposed, maybe that would have been different, but it didn't come out that way. What came out was a big packet, development agreement handed in. It looked like if it was amending everything else. It did not -- it -- at first blush, it was not something that looked like it was an amendment that you had provided. So I want to make clear -- because I don 't want anybody here -- and we do it all the time - - that when we start talking, then, `Madam City Attorney, what is the amendment?" And we start talking about what the amendment is, and it's something that happens naturally, organically, it's happening right here, that is not five-day rule -able. What I'm saying that's five-day rule -able is a substitution; documents that are submitted that were not part of the packet that would, you know, make that document change. So I wanted to make that clear, because I don't want you feel like now all your hands are tied, you can't make friendly amendments, you can't make hostile amendments, you can't -- that it obviously all becomes five-day rule -able. That's not what we're saying. When it happens naturally from this body - - this is the only body that could legislate; nobody else. If this body's doing it, it's okay. But substitutions, total changes by those -- those are the things that were meant -- Commissioner Hardemon: You know, just one last thing -- Ms. Mendez: -- to be five-day rule -able. Commissioner Hardemon: -- a follow-up, before you -- I'll give you an example. There was a gentleman that was here that when we were considering the item with the Wynwood BID, he made a point. He said, "Listen, this section of it may be incomparable with the spirit of what you're trying to propose." And I kind of opened up to say, "Well, what language would you propose? " you know. So to me, it's that sort of interaction that -- I mean, would you qualify that as organic, because it's offered by someone who's not a member of this body? And so, what I'm saying to you is that if the language comes from me or if it comes from someone else, if we adopt that language, it's us legislating from this board. But I'm also -- you know, I'm very careful with what anyone -- I am very careful what anyone passes out. I don't like to get information in big packets like that, and that's why I was the first one to say, "Hey, what is this?" And I asked the representative, "What is it? Are there any changes?" And he -- and time and time again, they said, "It is the same thing, except for this, that, and a third," and we confirmed that. And so, look, you know, at the end of the day, I'm not concerned about whether or City of Miami Page 149 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 not that project is approved through first reading, at the last meeting, at the next meeting; it's approved at all. That's not my biggest concern. My biggest concern are how we operate the rules of this Commission, because that affects every other document that we legislate on. And that's why I was disturbed by what we were doing. And in reference to this that we're looking at right now, you know, I believe in the Five -Day Rule as it is, as a unanimous thing, because I think it does give someone the ability to make an objection. I just think that -- you know, I think we've always used it -- we've always been considerate of the rule and how the power applies. And so, I'm not necessarily in favor of making it a majority, you know, because the Five -Day Rule is an extraordinary rule. I just don't think that it applied in the circumstance that it did, and that's what I don't want to see happen again. I don't want to see the Five -Day Rule misapplied. There are times where I believe it should be applied. You know, if we get a packet of information and we're like, "Wait a minute. This is the item? Well, why wasn't the item in the backup? Why wasn't this in the backup?" But that's not necessarily what happened. What we had was documents that were in the backup, and then there was an amendment to it. Whereas, you know, if we're supposed to get a big report that's this thick, and then all of a sudden, it's passed out on the dais, and that's the information we're supposed to use to make our decision, then I -- and the Five -Day Rule would be applicable. But most likely, it won't be used because a Commissioner is going to say, "Hey, man, we need more time on this," and ask for a continuance, and that's kind of like how we've been handling it. Commissioner Carollo: Well -- Chair Russell: Commissioner Gort. Just a moment, please. Commissioner Gort. Vice Chair Gort: I'll yield. Commissioner Reyes: Yes. Commissioner Carollo: Thank you. Well, you and the City Attorney have made a very interesting observation. Could you both repeat all that again so I could really understand it? Commissioner Reyes: Mr. Chairman? Chair Russell: Yes. Oops, I'm sorry; you weren't finished. Commissioner Reyes: Mr. Chair? Commissioner Carollo: No. I -- Commissioner Reyes: I want to add to what Commissioner Hardemon is saying. You see, and we have to be very careful, it is understood, because, in my opinion, what Commissioner Hardemon was presenting was an amendment, and a written amendment. We -- what's the difference between a written amendment or a verbal amendment? You see? If by presenting a written amendment, you can Five -Day Rule it, that is not right. Ms. Mendez: No, no. I clarified -- Commissioner Reyes: And I understood it, but that's the way that it was -- I understood it, but I think it was misused, you see. Ms. Mendez: Got it. City of Miami Page 150 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: Because that is not -- I mean, Five -Day Rule, yes. I never used it, but I should have used it when we were talking about this before, but I think it's a great tool, but it could be abused, too. It could be abused by somebody says, "No, no, this is a Five -Day Rule," and then I need unanimous opposition to it, you see. That is my concern about that, you see. That's why I -- I don't know, but something got to be done that if I have an amendment that is a written amendment, you see, it is not misunderstood and -- I mean, I presented it as an amendment, like we presented right here -- right off the bat. I mean, I will comment on it. I would say, "Well, I want to make my" --,I mean, this blah, blah, blah, blah, blah, blah, blah, and I could spend two hours talking about my amendment. But when I present it as a written amendment, then it could be Five -Day Rule. Okay? Or could be used as a -- that is my -- it is -- that's the danger of it. Chair Russell: Thank you very much. Commissioner Gort. Vice Chair Gort: My understanding is, one of the reason we had public hearing -- allowed the public to speak, because a lot of times we come, we read it, an item, an issue; we think one way. All of a sudden, we can hear something out of the public that makes it a lot better. Commissioner Reyes: Yeah. Vice Chair Gort: And we can accept that and make an amendment, because it's being done in the public hearing, it's my understanding. Ms. Mendez: Yes, you're correct. And everything we're -- I want to make sure that everybody understands, and that I support Commissioner Hardemon in what he is describing. When you are making amendments organically, on your own; if you hear someone and you choose it to be your amendment, I'm not saying that that's five-day rule -able. What I'm saying is when we get like a big package of something and it's submitted and -- that's five-day rule -able. Commissioner Hardemon: Well -- but (UNINTELLIGIBLE). Ms. Mendez: But unless you're saying that it's your amendment -- Commissioner Reyes: That's right. It's -- does it matter? Ms. Mendez: -- fine, but you have to say that it's your amendment, and we all have to understand that it's your amendment. The way it happened was very fast. Commissioner Hardemon: Yeah, I think I did -- Mr. Chairman, I think I did the best that I could to explain that it was an amendment, and then we tried to move forward with it not being an amendment. And part of the reason we're directing our attention at you is because I believe that the Chairman -- you know, depending on your interpretation to make his decisions. And so, you know, what I'm saying is that, look, sometimes changes can be -- can seem voluminous, and sometimes they may not seem to be that way. But the bottom line is that as a board, we want to be able to make amendments to things and not have them be subject to a Five -Day Rule, because the perception is that it's more than what it is. We did -- we're going to deal in truth or we're going to deal in fiction. And if the truth of the matter is that it wasn't a substitution; it was, in fact, an amendment, then that's what we should be dealing with, and now we want to move forward on that level, because, you know, things happen. And at the end of the day, we had people that were here in the audience that, as it was written, jeered members of the Commission. The control was lost in here. People were told to leave, because they were being disruptive, and then we had people saying that what we were doing was, in fact, incorrect. We were holding a public meeting, and people were interrupting us in City of Miami Page 151 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 the public meeting, saying, "Look, this is" -- "this meeting is illegal." Right? So all those things happened on this dais. And so, it was a long two weeks before we came back here and all of these discussions were talked about; how, basically, the things that we were doing on this board was illegal, and in fact, they were not, you know. And so, I just want -- you know, I -- so I want that to be very, very clear. So, for instance, with FR.3, the Five -Day Rule, you know, Commissioner Carollo, I don't see a reason necessarily to change the Five -Day Rule. I think the rule is -- it works well, if it's used correctly. And then to even talk more about the next one, which will be FR.4. I mean, we'll get there when we get there, but I think what happened was just procedurally incorrect, and what it did was it led us down a really dark path, because what ends up happening is this: After the Chairman leaves, and we believe -- and this goes into the FR.4 -- while we're there, we can make decisions on this board. But what happens if we had made a decision? Now, you have people saying that the decision that we made is not binding. It isn't legal, because the opinion was that a meeting came to an end or a Five -Day Rule applied, et cetera, and there was no reason to have that sort of confusion. We could have settled that issue. That's all. Chair Russell: Thank you very much. Vice Chair Gort: I think they asked you a question. You wanted to repeat it again. Commissioner Carollo: Oh, you asked me a question? Vice Chair Gort: No, no. Commissioner Carollo: Oh. Vice Chair Gort: I said, you asked a question. Do you want -- Commissioner Carollo: Oh. Vice Chair Gort: -- to hear the whole argument? Commissioner Carollo: Yeah, I want to -- yeah. Chair Russell: Commissioner Carollo. Commissioner Carollo: Thank you. You know, I -- when I came back, I came back, having left the City of Miami that I see that, in a great way, is no longer here; it's changed in ways that I am amazed, and not for the betterment. The Miami that I used to be Mayor of before I came back was a City of Miami that, when a police officer was given a walking beat, it was actually walking the street, not getting in your car air conditioner and driving or sitting there, watching an area. It was a Miami that, when we went out to inspect potentially illegal cafeterias that became illegal lounges at night, or illegal lounges, period, and bars, that didn't have CUs (Certificates of Use), or worse, we closed them down, and we brought everybody with us, every department that can make a difference, so that we could give our residents a better quality of life, and we were successful. It was a Miami that, if you caught an employee lying on his application, it wasn't tolerated. But I'm saying that so that you can understand why I placed this, because that same Miami also had what I'm putting here now, that a majority would make, like in democracy, decisions. This, that now some are trying to say is written in stone; it can't be changed, it's only been here for a few years. The rest of the history of Miami, it was the way that I'm presenting again, that we vote on it. And frankly, I'm going to lay it out. I feel sometimes that I'm at a disadvantage, because if I put something that should be discussed with no outside interference at this Commission meeting, in a regular scheduled meeting, and if the top Chairman doesn't like it, he can meet with City of Miami Page 152 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 all you and discuss it, while I can't; he can go to his City Manager that, on numerous occasion, including the State of the City, has called him "my boss," Well, there are five other people here that are his bosses too. And, you know, the carrots can be wiggled in front of you guys, and I want to be able to, at times, bring stuff up without none of this stuff happening, that -- and not being concerned if, for some minor changes, I get hit with a Five -Day Rule, like I'm seeing was coming. So this is not because of you, Commissioner Russell, or anything else. This is because this is the City of Miami that I came from; the City of Miami that was here before with every other City Commission, every other Mayor that we ever had, and it worked then; it can work again. This is what our country was founded on; majority rules, democracy. And it works in Congress. It works in the Senate. I really have no fear in changing it, because this is a democracy; majority rules. And, you know, we don't have the best system in the world, but you show me one better than this one, and I see none. Anyway, I just wanted to explain my reasons why I'm bringing this up. Chair Russell: I agree with bringing it up, and it's good for us to have this talk and move past this moment. I, too, don't like the way that the meeting ended, and from my part, I apologize about that. I do believe that I used the rules correctly. I do believe in the spirit of why I used the rules, but I now very much understand where Commissioner Hardemon's coming from on the letter of that rule and how very specific what that document represented, and whether that would trigger the ability for the Five -Day Rule to be used. So I do understand the other interpretation. I do agree with Commissioner Hardemon that we should not change the rule. If there's a clarification to it that would make the spirit come in line with the letter better, make it a little tighter, I'm okay with that, but I do like what it does, because it's a protection. It's a protection about anyone not just getting blindsided with a very large document that they hadn't been able to absorb and do their due diligence on and study, and understand. And from the spirit of it, I certainly didn't understand exactly what I was voting on, because I hadn't studied that document, but I do understand. I fully understand where you're coming from, and I get what you're saying about the letter of the document, whether it was a substitution or an amendment. But for FR.3, we just have to decide what to do here, so. Commissioner Carollo: Well, I think, on this and -- well, here we go; we got a full Commission. Look, majority rules. I'm perfectly at ease with what the majority of this Commission would want. I've expressed why have I presented this. I make the motion. If it's second, then we vote on it; if it's not, we don't. If it passes, it passes. If it don't, it don't. Chair Russell: Thank you. Commissioner Hardemon: Before you make the motion, I do think it's the interesting argument that you present when you say -- I mean, we all agree that the major -- any time the majority makes a decision, unless it's a supermajority, unless it's unanimous -- like, it depends on what we're actually voting on -- the majority of a body and the how they believe, I think it is an importance benchmark. And so, I also understand how Commissioner Carollo positions this, that the Five -Day Rule is an unnecessary tool, and what's interesting about it is that -- but -- you know, I would -- if you were going to change the Five -Day Rule, I would believe you would just strike the Five -Day Rule, like you would strike it, instead of making it even a majority, because the question is, "What is the Five -Day Rule?" Commissioner Carollo: You're right. I mean -- Commissioner Hardemon: The Five -Day Rule is basically -- Commissioner Carollo: -- I'll be willing to strike it, if need be. City of Miami Page 153 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Hardemon: -- a motion to continue. Effectively, that's what it is, but it's -- but it becomes -- in the way that it is written, it's a five-day -- it's a motion to continue that's only -- that if one person makes it, it is passed. Vice Chair Gort: Mr. Chairman? Commissioner Carollo: Chairman, I will withdraw my motion -- Commissioner Hardemon: It's interesting the way you're presenting it. Commissioner Carollo: -- and accept a motion to do away with the Five -Day Rule. Commissioner Hardemon: So -- because what I'm saying is that making it a majority is effectively a -- there's no longer a Five -Day Rule; it's just a motion to continue. Commissioner Carollo: I just don't want anybody now putting the Five -Day Rule on me. Commissioner Reyes: Mr. Chair, if I may? Chair Russell: Commissioner Reyes and then Commissioner Gort. Commissioner Reyes: If I may, you see, my problem with striking it, I think it's a good tool, but what I don't agree is in the way that it is written, it is -- and the part that it has been to be a unanimous decision to do away -- I mean, to negate the Five -Day Rule, it is what really bothers me, because it could be misused. And if I present an amendment and, let's say, Commissioner Carollo says, "I'm going to Five -Day Rule it because I don't like it, " whatever it is. Ms. Mendez: How about baby steps? Supermajority. Baby steps. Commissioner Reyes: Well, then, supermajority. I mean, probably could be supermajority -- Commissioner Carollo: I would be -- Commissioner Reyes: -- but -- hold on, hold on, Commissioner. You see, then I'm giving anybody, you see, anybody the right to postpone my amendment or just to continue the -- or do away with my amendment, you see. What I'm saying is, if I have an amendment, a written amendment, or whatever amendment, and I -- somebody else interpret it as a change, you see -- misinterpret it as a change, it could -- the person could Five -Day Rule it. And in order to do away with that interpretation, I need unanimous decision from the Commission. You see? I think that we should have a majority. We have a -- we should have a vote on it. Commissioner Carollo: Well, let me say this for the record: Look, Chairman Hardemon has made a lot of sense on maybe -- instead of why we should vote for what he's suggesting instead of what I put down is more right than not, because even if we go with the majority rule, like I said, then you get the question, well, whether it was an emergency, or this or that or the other, and if we do away with the Five -Day Rule altogether, you don't have none of those challenges complaints, problems to deal with. So I'm open to doing away with the Five -Day Rule altogether, which would probably be better, or going with what I presented. I'm fine with either one of those motions. Chair Russell: Thank you, Commissioner Carollo. City of Miami Page 154 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Ms. Mendez: _Uwe 're -- Chair Russell: I just want to make sure, because I don't know that we're hearing each other exactly. I don't believe that Commissioner Hardemon suggested that we do away with the Five -Day Rule. He said, "Having it as a three -fifths is about the equivalent as doing away with the Five -Day Rule." Madam City Attorney recommended a supermajority, which would be the hybrid between -- which would be not -- which would take the Five -Day Rule and make it a little less stringent, so it's now basically two instead of one, but I think what Commissioner Hardemon was saying is actually correct; three -fifths versus a Five -Day Rule is basically just a continuance that you'd be voting on. And so, I get what you're all saying. The question is just whether we -- first of all, whether we want the Five -Day Rule or not. For me, I believe it is a good tool that is important. You got to remember from the Administration's perspective, as well. If they drop a document on us that we haven't seen, the Five -Day Rule is a tool for any one of us. Let's say the Administration has put together something that four people like here, but it's not fair for you because you haven't read it, you have the ability to slow it down. Commissioner Carollo: That is true, but I'm not worrying about that, because I trust that if they do that, there's going to be a majority of us that's going to say "no." And all that it takes on that is three to say "no." Ms. Mendez: Okay. The only thing I ask that if you do decide to strike it altogether that we reset this for first reading, because it's a different ordinance. It's a totally -- it's a Newmont issue. It's a totally different ordinance. It's one thing that if you weaken; it's another thing if you totally -- it's a different ordinance if we delete the Five -Day Rule. Commissioner Hardemon: It appears to be that -- because what's important about - - what's important is that -- like that first sentence says, "A copy of each agenda item, including each resolution and ordinance, and all attachment and backup material, shall be furnished to the Mayor and members of the City Commission at least five business days before each regular City Commission meeting, with the exception of veto items." So like, for instance, if we use the facts of the last meeting, I argue all day that the attachments and backup material was furnished to all of us, right? However, this thing goes further, and it says, "This rule shall be deemed suspended, unless invoked by a Commissioner before the Commission takes action on the resolution or ordinance in question. Once the rule is invoked, no action can be taken on the resolution or ordinance, unless the rule is suspended." What it used to be is "by unanimous vote of the Commissioners present." So this is - - it's really -- this is really about us having the information necessary for us to make a decision. And so, if one person believes that the material that was necessary was not included in the backup, they didn't -- that the City did not live up to the first sentence, that they did not provide the attachments and backup, that Commissioner can then say, "Let's" -- "I'm going to Five -Day Rule this," and effectively, it is like a -- it is like the ultimate continuance. That is exactly what it is. It is the ultimate continuance. And the question is -- and Commissioner Carollo, you talked about this earlier -- if, for instance, we do have a situation where there is no backup that's presented to this body, will a majority of us say, "Hey, we didn't have the information; we need a continuance on this item"? And that's part of what makes me think why we've never actually used the Five -Day Rule - - not that -- not in the time that I've been here -- you know as a way to kick something down the road, because, you know, we would generally say, `All right, you need a continuance," or sometimes we say, you know, "No continuance," but the Five -Day Rule probably didn't apply in those instances, but -- so the question is, are we not using the rule because the rule is not necessary? Or is this a tool that you want to keep in the toolbox just in case? City of Miami Page 155 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: And the other thing that I'll say is that just the fact that we might want to do away with it for ourselves doesn't mean that we could keep the Five -Day Rule for the Administration in what they give us, which is very different. Ms. Mendez: Right. So that's -- I -- Chair Russell: Just a moment, please. Commissioner Gort. Vice Chair Gort: I'll let -- I want to hear her answer. Chair Russell: Okay. Ms. Mendez: The reason why you get all your items five days before is because you have this Five -Day Rule. So what is the hammer if you --? I mean, you're going to hope that then you reset it, but I just -- I want you to know the reason why everybody works so hard to make sure that you have something five days before, because we know that any one of you can suspend something the way you have been. So I caution the total removal of this thing. Commissioner Hardemon: But wouldn't the five -- I mean, the five days would still apply. It's really the -- Vice Chair Gort: The application. Commissioner Hardemon: -- ability -- the appli -- right. Vice Chair Gort: The application. And the rules for the application are the rule itself. Commissioner Carollo: Yeah. Commissioner Hardemon: Right. Commissioner Carollo: Exactly. Chair Russell: Right. Commissioner Carollo: Exactly. Chair Russell: So it's -- I mean, it's clearly the nuclear option, right? That's why it doesn't ever get used, and -- but it shouldn't be able to get used, unless all the documentation is -- Commissioner Carollo: The radiation is still here. Chair Russell: -- if something is missing. So, you know, I hope we don't get rid of it. Whether you think I used it appropriately or not, I fully understand the point of view, and I empathize and sympathize, because I do get it. I do get why Commissioner Hardemon passionately felt it was being misused, which was stopping a meeting incorrectly. We don't -- you know, we don't need to get into the details of that further, because I do understand where it came from -- Commissioner Carollo: And I agree with you. Chair Russell: -- but I don't think it should lead to us getting rid of it. I do think it is a good rule, and I think the interpretation of it is, in the moment, very, very, very important. We need to take that breather -- City of Miami Page 156 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: Then -- Chair Russell: -- and see whether that truly counts as an amendment or a substitution. Commissioner Carollo: -- what I suggest is that we then go if -- unless this body wants to take it all out, which I would vote for, but if majority does not, then we consider the majority vote on the Five -Day Rule. Chair Russell: All right. So just by a straw poll, who here wants to keep the Five - Day Rule in some form or another? Commissioner Hardemon: I want to be -- it's one of those interesting things, because, I mean, we're referring to the Five -Day Rule, but what we're really talking about -- because everybody wants the information five days ahead of time. What we're really talking about is the ability for someone to continue an item unanimously. I'm sorry. No. Continue an item unilaterally. That's what this is about. And so, yeah, the Five -Day Rule is important, but the ability for someone unilaterally to continue the item is probably the more important issue, because the three -fifths, the way that Commissioner Carollo has it, I believe is a continuance, you know? So maybe we need to consider these things side by side. Maybe we need to consider an amendment -- Commissioner Carollo: Well -- Commissioner Hardemon: -- like a different amendment that basically has where you -- where we are striking the ability for a Commissioner unilaterally to continue an item versus what we do right now, which is ask for a continuance. Commissioner Carollo: Well, I don't think it's a continuance, because if somebody brings up a Five -Day Rule -- let's say, the Five -Day Rule would have been brought up this morning on whatever item. A majority of us could say, "No. We want to hear it." So it's not being continued; we hear it at that moment. So I don't see the continuance on it. Chair Russell: You mean, if this were in place, the new ordinance? Commissioner Carollo: Yeah, if this new ordinance would be in place. Chair Russell: What the -- what Commissioner Hardemon is saying is in its current form, it is a continuance, because it pushes it to the next like meeting, if someone invokes the Five -Day Rule. Commissioner Carollo: Well, that's correct. Chair Russell: In your way, it would create a dif -- it would not be. Commissioner Carollo: Exactly. That's -- Chair Russell: You're right. Commissioner Carollo: -- what I'm saying. Commissioner Reyes: But by this way, it is continuance by majority. Commissioner Hardemon: Right. City of Miami Page 157 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: The other way, it's continued unilaterally by one person. One person will say, I want to continue this, Five -Day Rule, " that's it. Commissioner Carollo: Yeah, but in my way -- Commissioner Reyes: But here, we can vote on it. Commissioner Carollo: Yeah, but in my way, it's, again, not a continuance. If a majority wants to hear it that day -- Commissioner Reyes: We'll hear it. Commissioner Carollo: -- then you hear it, so that's the difference. Commissioner Reyes: That's right. Commissioner Carollo: Well, look, let's bring it to a vote. I respect the will of this body, which, you know, either way we go. Chair Russell: As is on FR.3. Commissioner Carollo: As is on FR.3. Chair Russell: Okay. So there is a motion on FR.3 -- Commissioner Reyes: I second it. Chair Russell: -- as is, no amendment, correct? Commissioner Carollo: That's correct. Ms. Mendez: May I read the title? Chair Russell: One second. Vice Chair Gort: Read the motion. Chair Russell: Yes, please. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you. Any further discussion on the item? Commissioner Hardemon: Yeah. Chair Russell: Commissioner Hardemon. Commissioner Gort first, then Commissioner Hardemon. Vice Chair Gort: Once again, three votes can ask to continue -- to be heard. Ms. Mendez: Right. So the way it is, it's invoked. Let me pretend. I invoke the Five -Day Rule. Vice Chair Gort: Right. Ms. Mendez: Everything's suspended. Vice Chair Gort: Right. City of Miami Page 158 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Ms. Mendez: And at that point, everybody takes a pause and decides what they want to do. Three people or -- well, it's whoever's present on the dais. That's the other -- of -- the majority of those present gets to decide if they go -- if they leave it suspended or if they go forward. Commissioner Carollo: You will never have less than two Commissioners voting for it, because you need three -- Vice Chair Gort: You need three. Commissioner Carollo: -- for a quorum. Yeah. Commissioner Reyes: That's right. Chair Russell: Commissioner Hardemon. Commissioner Hardemon: So part of our unreadiness about it right now is this -- and maybe it's in the way that the language is written. The first sentence describes that all the agenda item -- that the agenda, the resolution, ordinance, backup material is furnished to the Commission five days before -- at least five days before the Commission meeting, with the exception of veto items. The next sentence says, "This rule shall be deemed suspended, unless invoked by a Commissioner, before the Commission takes action on the resolution or ordinance in question." So when it says, "This rule shall be suspended," I read that as the five days before -- the minimum five days -- that part, that rule, is suspended, unless invoked by a Commissioner. So unless a Commissioner says, "Hey" -- basically, you can get it to me in three days. You can get it to me in two days, unless I say, "I want it in five." And so, that one Commissioner can invoke the Five -Day Rule -- that Five - Day Rule, which is that the material must be provided to that Commissioner within five -- well, at least five days. Once he invokes that rule, because it's suspended at the moment, no action can be taken on the resolution or ordinance unless the rule is suspended by unanimous vote of the Commissioners present. So this one -- the change will be a majority. Commissioner Carollo: Yeah. Commissioner Hardemon: And so, my problem with that -- each sentence, the first, second, and third, is that the rule is already suspended. The second rule -- the second sentence says that the first sentence, which is the rule, is suspended. Then the third sentence says, "Once the rule is invoked" -- meaning that it is not suspended any longer -- "no action can be taken on the resolution or ordinance, unless the rule is suspended by" -- this one says, "majority vote of the Commissioners present," but it's already suspended. Ms. Mendez: It's two suspensions. It's the quiet suspension that allows it to go forward, and then it's the suspension after it's invoked. So there's two possible suspensions. Commissioner Hardemon: So help me understand this. I want to -- because I want to make this plain for all of us so we understand. There's a requirement to have documents at least five days before the Commission meeting, but that rule is suspended. Chair Russell: Always. Commissioner Hardemon: That's what it says. Ms. Mendez: It's suspended if you go forward with it. City of Miami Page 159 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Hardemon: I'm asking you a question. It's suspended, not because we go forward, because it says, "This rule shall be deemed suspended, unless invoked." Right? Ms. Mendez: Right. Commissioner Hardemon: So technically, then, you do not have to have it to me in five days, technically. You can have it to me in three days, because this thing says that the Five -Day Rule is always suspended, unless it is invoked. Ms. Mendez: Okay. Commissioner Hardemon: So now someone invokes it. I invoke the rule. It says, "Once the rule is invoked, no action can be taken on the resolution or ordinance unless the rule" -- now I'm assuming the rule, meaning the Five -Day Rule that was in the first sentence -- is suspended, but it's already suspended. So if it's invoked, now it's there, and then it needs to be -- Commissioner Carollo: Commissioner Hardemon: Commissioner Carollo: N Commissioner Hardemon: Commissioner Carollo: Commissioner Hardemon: Ms. Mendez: Right. Commissioner Carollo: It Commissioner Hardemon: Well -- -- suspended again? o. Is that the second sentence? No. You need to suspend it again? 's suspended -- By the (UNINTELLIGIBLE)? Commissioner Carollo: Yeah. It's suspended unless someone someone invokes, it's not suspended anymore. invokes it. Once Commissioner Hardemon: Right. We can -- Commissioner Carollo: And then -- Commissioner Hardemon: -- suspend it then. Commissioner Carollo: -- you could suspend again. That's what it means. Commissioner Hardemon: That's what it means. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Carollo: So -- Commissioner Hardemon: But effectively -- Commissioner Carollo: -- by a three -fifth. City of Miami Page 160 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Hardemon: Right. So effectively, then, what you're saying is that by making it, for instance, four fifths that it doesn't give one person the power to re - suspend the rule, because they've already suspended it by invoking it, it gives the body the power to re -suspend the rule. Commissioner Carollo: What I'm doing is I'm bringing -- Ms. Mendez: Right. Commissioner Carollo: -- it back really the way it always was in the City's history, where a majority decided to move forward or not. Simple. Commissioner Hardemon: So tempting, right? Commissioner Carollo: Can -- Chair Russell: Commissioner Gort. Vice Chair Gort: Let me tell you. I would like to keep it. Chair Russell: You'd like to what? Vice Chair Gort: I would like to keep the Five -Day Rules [sic]. And I also have to tell you that in all the years that I served as Commissioner, during my watch, I've never seen it implemented, because we always had the right and we always had the courtesy -- any one of us, they asked to defer an item, we automatically defer it. We've done that. Any time any of us don't feel comfortable with any item that's going to come in front of us, we can ask the Administration to defer and take it out. So I don't have any problem. However you guys want to apply it -- Commissioner Carollo: Well -- Vice Chair Gort: -- I'm for it. Commissioner Carollo: -- I think a majority is the right way. It's like you and I lived with it many years, a lot longer than you lived with this one. So I call the question. Commissioner Hardemon: Commissioner Gort? Vice Chair Gort: Yes. Commissioner Hardemon: In the time that you've been here, have you ever seen, besides the time that it just happened, the rule being invoked? Vice Chair Gort: No. Commissioner Hardemon: And have you --? Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: The City Attorney's holding up some signals, twice. Vice Chair Gort: I don't recall. Ms. Mendez: It was -- one time it was invoked, but then they -- everybody convinced the person to not go forward with it, so that was the unanimous one. It happened once. City of Miami Page 161 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Vice Chair Gort: No. He said he would do it, but then when he listened to discussion, he did not do it. Ms. Mendez: Right. So exactly. So it was taken -- Vice Chair Gort: So it was not applied. Ms. Mendez: Right. So you're -- Vice Chair Gort: Right. Okay. Ms. Mendez: -- correct, so that one didn't happen, but it's the time that it was talked about; it almost happened, and then one other time. It happened once. Commissioner Carollo: This will make it clear that it won't happen again in that fashion, and if it does for any reason that a majority's going to decide it. I mean (UNINTELLIGIBLE). Commissioner Hardemon: And the next question I have for you, Commissioner Carollo -- Commissioner Carollo: Yes. Commissioner Hardemon: -- is do you think -- I mean, I sincerely do believe in the majority rules, right? I also understand why they have some protections and four - fifths and unanimous votes. Do you believe that a four -fifths vote -- well, you can't even say that, because when you say four -fifths, that's not majority -- that's not Commissioners present. What I'm saying to you is that if it's three of us, there's not -- there could never be a four -fifths vote. Commissioner Carollo: Exactly. Commissioner Hardemon: (UNINTELLIGIBLE). Commissioner Carollo: That's another reason -- Commissioner Hardemon: Right? Or if there's four of us. Commissioner Carollo: -- why -- Commissioner Hardemon: If there's four of us, you could never have -- Commissioner Carollo: Yeah. That's why another reason -- Commissioner Hardemon: -- a four -fifths vote. Commissioner Carollo: -- why you -- Commissioner Hardemon: (UNINTELLIGIBLE) unanimous. Commissioner Carollo: -- don't want to put the four -fifth. I just don't want to see any kind of situation where this Commission or any future Commissions ever again -- And look, I'm not reinventing the wheel here. This is what the City of Miami had from years back. We 've had many more decades of what I'm presenting that the few years that we've had with these -- this ordinance. Commissioner Reyes: I -- you see, my fear is that -- we might never use it again, you see. But my fear is that there's going to come somebody that just want to -- I City of Miami Page 162 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 mean, let's take the item that was discussed before. If we had somebody that -- if I had not set that item, you know, with enough time -- or would I -- my amendment, you see, they wouldn't like -- they would -- they could have invoked the Five -Day Rule, you see, and that will throw a monkey wrench in the process, you see. Now I - - I'm not against using the Five -Day Rule, because I really hope and I want to be informed beforehand, you see. And I want to have the power to say, "Hey, listen, I haven't been informed. Have you, Commissioner Russell? No. Well, I'm invoking the Five -Day Rule. Okay, let's take it to a vote." You see? And then we vote on it. And that is -- that's the only thing that I -- why I am in favor of eliminating, not the Five -Day Rule, the unanimous -- I mean, the word that really bothers me and irks me is the only way that you can bypass that is by unanimous vote. Commissioner Carollo: Gentlemen -- Commissioner Reyes: You see? That's the only thing that irks me. Commissioner Carollo: -- I again politely, respectfully, request that we call the question. Chair Russell: Well -- Commissioner Carollo: And let the chip fall where they may. Chair Russell: We have the ability to complete discussion if -- because you may pull somebody across, and I really still feel there's some unreadiness yet amongst where we fall. And so, this is very important, because changing the Code to this is - Commissioner Reyes: Yes. Chair Russell: -- it's a very rarely used item. If I used it incorrectly, it is up to the City Attorney to tell me I didn't use it correctly, and then I wouldn't have the power to unilaterally stop something, but the spirit of what happened that night is I truly had no idea what we were voting on, because I had never seen it before. Commissioner Carollo: I respect that, and -- Chair Russell: Right. So -- Commissioner Carollo: -- I made it clear -- Chair Russell: But that she should -- right, right. Commissioner Carollo: -- it's not about you. Chair Russell: -- but then she should have said -- Commissioner Carollo: It's not about you. Chair Russell: -- "He's using it incorrectly, because it's an amendment, not a substitution" -- Commissioner Carollo: But Commissioner -- Chair Russell: -- I never would have gone forward. Commissioner Carollo: -- I didn't want to get into that. This is not about you. That's why I explained it. City of Miami Page 163 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: Yeah. Commissioner Reyes: It is about the rule. Chair Russell: But what if it was used correctly? Commissioner Reyes: Well, how 'bout it wasn't? Commissioner Carollo: It don't matter. Chair Russell: (UNINTELLIGIBLE). Commissioner Carollo: I -- Chair Russell: That's why I will vote to keep it as it is, because I really -- I do believe in it. Commissioner Carollo: Let's have an upside down vote, whether it stays or not, you know. Chair Russell: And whatever the majority decides, of course -- Commissioner Carollo: Exactly. Chair Russell: -- that's what the -- Commissioner Carollo: Yeah, yeah. Chair Russell: -- that's what it is. This is a first reading, so -- but for me, I think we should keep it the way it is. So are we ready for a vote, gentlemen? Commissioner Reyes: Yeah. Commissioner Carollo: Yeah. Chair Russell: All right. Just so we're clear, I'd like to roll call vote this one, please. Commissioner Carollo: Sure. Chair Russell: And has it been read into the record? It has. You read it. Thank you very much. Todd B. Hannon (City Clerk): Yes, the title has been read into the record. Roll call on Item FR.3. Commissioner Gort? Vice Chair Gort: Yes. Mr. Hannon: Commissioner Hardemon? Commissioner Hardemon: For. Mr. Hannon: Commissioner Reyes? Commissioner Reyes: Yes. Commissioner Hardemon: Commissioner Carollo? City of Miami Page 164 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: Yes. Mr. Hannon: Chair Russell? Chair Russell: Against. Mr. Hannon: The ordinance passes on first reading, 4-1. Chair Russell: Thank you. Commissioner Carollo: What was that? What did it go for? Commissioner Reyes: 4-1. Chair Russell: 4-1. Commissioner Carollo: 4-1, okay. Chair Russell: Yep. FR.4 ORDINANCE First Reading 5601 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33(C)(7) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO AMEND THE REQUIREMENT FOR ADJOURNING A CITY COMMISSION MEETING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: RESULT: Withdraw by Sponsor WITHDRAWN BY SPONSOR Note for the Record: For additional minutes referencing Item FR.4, please see "Public Comment Period for Regular Item(s)." Chair Russell: FR.4, the 10 p.m. Rule. Commissioner Reyes: That's -- I mean -- Commissioner Carollo: Look, this one, I'll be more flexible. Commissioner Reyes: -- that's -- Commissioner Carollo: I'm an old guy. Commissioner Hardemon: I think you should -- Commissioner Carollo: I don't want to be here until 1 in the morning again, please. Commissioner Hardemon: -- withdraw this one, and I'll tell you why. Commissioner Carollo: Okay. City of Miami Page 165 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Victoria Mendez (City Attorney): We really have to talk about this one, though. Commissioner Carollo: You don't -- Commissioner Hardemon: No, no, no. No, no. Commissioner Carollo: But listen -- Commissioner Hardemon: No, no. Commissioner Carollo: -- you don't have to -- Commissioner Hardemon: (UNINTELLIGIBLE) talk about (UNINTELLIGIBLE). Commissioner Carollo: -- bring it up. I agree with you; I'll withdraw it. Commissioner Hardemon: Okay. Commissioner Reyes: No, no. And -- Commissioner Hardemon: (UNINTELLIGIBLE) she doesn't want to talk about it, but I want to mention something on the record regarding the issue. Commissioner Carollo: Oh, okay. Hold on. The City Attorney wants to talk about it. Commissioner Hardemon: But I do believe that it should be withdrawn. Commissioner Carollo: I made her draft it, so she should have the right to talk. Commissioner Hardemon: But I'll tell you why I believe, right? The reason is this - - and I want us to have an understanding of where we are with this thing: The rule says that, "The City Commission meeting shall adjourn, 'A,' at the conclusion of deliberation of the agenda item being considered at 10 p.m., unless the time is extended by unanimous agreement of the members of the City Commission then present." That's "A," right? Now, what's interesting about that is that it says, "By the members of the City Commission then present." When I hear "then," it refers to me till 10 o'clock. It doesn't say that there has to be a vote, unlike other things. It says, an agreement. And that's why the discussion on the dais was -- Listen, when you're still sitting here past 10 o'clock, you acquiesce to it; you've agreed to be here. And then it goes on, "or" -- no, I'm going to just stick there. Right? The reason I like this rule the way it is, is this: At 10 o'clock, I believe it's a gut check, because going past 10 o'clock is a bit unreasonable, even though -- not -- I mean, it happens, but it is a bit unreasonable. There are times when all of us decide to continue beyond 10 o'clock. That meeting was one of those days. However, I believe that if we make it a majority, or anything of that nature, what you do is this: If we can expect that -- everyone expects at 10 o'clock, business comes to an end, but there are times that we -- and most of the time, we continue to move forward. What I would hate to see is if Commissioner Gort, for instance, if he has to be somewhere at 11 o'clock -- right? -- that the majority of us say, "No, no, no. We're going to continue the meeting." You're going to punish Commissioner Gort, because he's going to decide to stay. Why is he going to decide to stay? Because there 's important business that's here. So we basically hold him hostage. Or it could be two of us that we basically hold hostage when, look, we've really got to go. And most likely, like we 've done it before, "Hey, guys, I really have to go. I can't stay." Most of the time, the business continues, but after 10 o'clock, it's like we should not be forced to stay, and I think that that -- that this rule give us the thing to say, "Hey, it's 10 o'clock, guys. I really can't stay. I want this rule to apply." And City of Miami Page 166 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 there's no harm, no foul, because we all understand it's a 10 o'clock rule. But after 10 o'clock -- at 12:40, like at our last meeting, if one of us decides to go -- you can 't invoke this rule, because it's a 10 o'clock rule, not a 12:40 rule. It's not an 11 o'clock rule. It's not a 2 o'clock rule. Commissioner Carollo: But does it have to be exactly at 10? Commissioner Hardemon: No, no, but what I'm saying is that -- what I'm saying -- no, you do what's reasonable, but if it's around 10 o'clock and we're discussing an item -- Commissioner Carollo: I'll agree with that. I just don't want to ever go through a meeting at 1 in the morning, because it's not good government. We're all too tired to really be at our best and make decisions. Commissioner Reyes: Having said that -- Commissioner Hardemon: I get a second wind. I'm like you. Commissioner Reyes: Let me -- Commissioner Hardemon: I make my best decisions at 2. Commissioner Reyes: -- say this. Now, having all of you guys said that, I think that we should hurry up, because it's 7:30, and I don't want to be here until 10 o'clock and the Chairman -- Chair Russell: (UNINTELLIGIBLE) be withdrawn? Commissioner Carollo: I'll withdraw it. Commissioner Reyes: Yes. Ms. Mendez: Okay, but I really want to talk about this for this reason. Commissioner Carollo: Okay. All right. Ms. Mendez: Okay? Commissioner Carollo: No. Before I withdraw it -- Ms. Mendez: Unanimous -- Commissioner Carollo: Yeah. Before I withdraw it, let her -- Chair Russell: Madam City Attorney. Ms. Mendez: Okay. So unanimous agreement -- you know, the way this has been done historically and just -- if we go past 10 o'clock, we're going past 10 o'clock, because everybody is sitting here going past 10 o'clock. I just want to make sure that we all agree that this is what this means. I -- because if you don't want to change it, I need to make sure that everybody agrees that agreement is not a vote. And if all of you are sitting here past 10 o'clock, you're going for the long haul, unless somebody says they don't want to be here past 10 o'clock. END OF FIRST READING ORDINANCES City of Miami Page 167 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 BC.1 5544 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Keon Hardemon City ofMiarni Page 168 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 BC.2 5545 Office of the City Clerk BC.3 5546 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: NOMINATED BY: Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Mary Lugo ENACTMENT NUMBER: R-19-0115 NOMINATED BY: Commission -At -Large MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes ABSENT: Gort, Hardemon Chair Russell: I'll hold for Hardemon on a couple of these, so we make sure we have the full dais -- Commissioner Carollo: Thank you. Chair Russell: -- for the larger items. Commissioner Reyes: I can take a break? City of Miami Page 169 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: That's fine, you can take a break. We will -- can go ahead with some of the boards and committees then for the moment. Commissioner Reyes: Break. Chair Russell: That'll give a little breather for those -- as long as I keep a quorum, please. We can get -- Commissioner Carollo: Yeah. If -- Commissioner Reyes: You need a quorum now? Chair Russell: Yeah. Commissioner Carollo: -- we can go to BC.3. Chair Russell: We could also do that. Commissioner Carollo: I'd like to nominate Mary Lugo -- re -nominate, actually. Nicole N. Ewan (Assistant City Clerk): Sure. That's a reappointment? Commissioner Carollo: Yes, reappointment of Mary Lugo, at large. Ms. Ewan: I take that as a motion? Chair Russell: That's a motion. Commissioner Carollo: Yes, that's a motion. Commissioner Reyes: Second. Chair Russell: Seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. City of Miami Page 170 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 BC.4 5441 Office of the City Clerk BC.5 5196 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Ken Russell Commissioner Joe Carollo Commissioner Keon Hardemon City Manager Emilio T. Gonzalez 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: NOMINATED BY: Commissioner Wifredo (Willy) Gort Commissioner Manolo Reyes Commissioner Keon Hardemon RESULT: NO ACTION TAKEN City ofMiarni Page 171 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 BC.6 5547 Office of the City Clerk BC.7 5548 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: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Wifredo (Willy) Gort Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon City ofMiarni Page 172 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 BC.8 5198 Office of the City Clerk [ RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Voting Member) (Post -Secondary Education Representative) (School District Representative) (Children's Trust Representative) (Ex-Officio Non -Voting Member) (Ex-Officio Non -Voting Youth Member) NOMINATED BY: Commissioner Manolo Reyes Commissioner Keon Hardemon 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 RESULT: NO ACTION TAKEN City ofMiarni Page 173 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 BC.9 3855 Office of the City Clerk BC.10 5450 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon IAFF FOP AFSCME 1907 AFSCME 871 RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Erica Paschal City Manager Emilio T. Gonzalez ENACTMENT NUMBER: R-19-0116 City ofMiarni Page 174 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 BC.11 1599 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Carollo, Reyes ABSENT: Gort, Hardemon Nicole N. Ewan (Assistant City Clerk): And the last one -- Commissioner Carollo: Thank you, Chairman. Ms. Ewan: -- that I do have is BC.10, Finance Committee. City Manager Gonzalez will be reappointing Erica Paschal. Chair Russell: Is there a motion? Commissioner Reyes: Move it. Chair Russell: Moved it; seconded by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Ms. Ewan: And that concludes the boards. Thank you. Commissioner Carollo: Thank you. Chair Russell: Thank you very much. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN City of Miami Page 175 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 BC.12 5451 Office of the City Clerk BC.13 5199 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: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Keon Hardemon Commission -At -Large RESULT: NO ACTION TAKEN 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: NOMINATED BY: Commissioner Keon Hardemon RESULT: NO ACTION TAKEN City ofMiarni Page 176 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 BC.14 5039 Office of the City Clerk BC.15 5452 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) NOMINATED BY: Mayor Francis Suarez Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon RESULT: NO ACTION TAKEN 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: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City ofMiarni Page 177 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 BC.16 5346 Office of the City Clerk BC.17 5043 Office of the City Clerk [ RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE SEA LEVEL RISE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City Manager Emilio T. Gonzalez RESULT: NO ACTION TAKEN 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: NOMINATED BY: Mayor Francis Suarez Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon RESULT: NO ACTION TAKEN City ofMiarni Page 178 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 BC.18 3693 Office of the City Clerk BC.19 5453 Office of the City Clerk 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: NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Wifredo (Willy) Gort Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon City ofMiarni Page 179 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 BC.20 5201 Office of the City Clerk BC.21 5550 Office of the City Clerk [ RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mayor Francis Suarez RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Ken Russell Commissioner Joe Carollo Commissioner Keon Hardemon RESULT: NO ACTION TAKEN City ofMiarni Page 180 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 BC.22 5551 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: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES City of Miami Page 181 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 5467 Department of Finance A QUARTERLY REPORT OF EXPENDITURES INCURRED, BUT NOT REIMBURSABLE, SHALL BE PRESENTED TO THE CITY COMMISSION TOGETHER WITH THE ACTIONS NEEDED TO AVOID PROJECT DEFICITS. RESULT: DISCUSSED Chair Russell: Could I take DI.1? Is -- that's a quarterly non -reimbursable grant expenditures, ending December 31. Commissioner Carollo: Do you have --? Erica Paschal (Director/Finance): Good afternoon, Commissioners. Commissioner Carollo: What page is that? Commissioner Reyes: What page? Chair Russell: Sorry. I apologize. I'm jumping around a little. DI1 is near the end. Ms. Paschal: Good afternoon, Commissioners. Erica Paschal, for the City of Miami Finance Department. DI.1 is a quarterly report for non -reimbursable expenditures for the quarter ending December 31, 2018. It has been determined that 2187 -- $2,187 will not be reimbursed due to a termination contract with South Florida Workforce Investment Board. The monies were utilized to purchase gas cards for eligible clients. Due to increasingly stringent guidelines, the City was not reimbursed, resulting in the expenses being covered by the general fund. Are there any questions? Chair Russell: Thank you. Any questions, gentlemen? Commissioner Carollo: How much are we talking about in dollars? Ms. Paschal: $2,187. Commissioner Carollo: Okay. It's -- Commissioner Reyes: That's fine. Commissioner Carollo: -- real money, but it's not the amount -- I was expecting a lot bigger, so. Commissioner Reyes: We are not accustomed to such small amounts around here. Chair Russell: Thank you. We only have a few left, but they're quite -- going to be lengthy discussion, I believe. So why don't we take five minutes, and then we'll have a full dais -- City of Miami Page 182 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: Great. Chair Russell: -- when we get back. Commissioner Carollo: Thank you. Chair Russell: Five-minute break, please. Thank you. DI.2 DISCUSSION ITEM 5182 Office of the City Attorney DISCUSSION ITEM REGARDING A NOTICE TO THE CITY COMMISSION THAT AN AFFIDAVIT OR CERTIFICATE WILL BE FILED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA REGARDING A DECLARATION OF RESTRICTIONS FILED AT BOOK 12000, PAGE 2469, FOR THE PROPERTY LOCATED AT 240 SOUTHEAST 14 STREET, MIAMI, FLORIDA, COMMONLY REFERRED TO AS "BABYLON APARTMENTS." MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: Item DI.2 was deferred to the March 28, 2019, Planning and Zoning Commission Meeting. For additional minutes referencing Item DL2, please see "Order of the Day." Chair Russell: Welcome back, everyone. I hope everyone had a good lunch. We are going to reconvene the March 14 Commission meeting. We had decided to table DL2 to 2:30. We reconvened at 3. We're a little late. I apologize. But we're going to take that item up first, so we're going to start at Discussion Item DL3 [sic], Declaration of Restrictions. So I'd like to start with the Administration on this one. Discussion items seem very open-ended, but it's my understanding from briefing that this discussion item is a necessary step in the upcoming steps towards the applicant's intentions. And so, I want to make sure we understand exactly what those steps are, and what that means. We've heard discussion of a zoning letter and the need for an attorney's letter. So if somebody could help us understand, what are the steps forward from this point that the applicant, the owner of that property is looking to achieve and what is needed from the City, and what would that allow? Joseph Ruiz (Director): Joe Ruiz, Office of Zoning. In terms of the steps, I would defer to the City Attorney on this. I know there are a couple conditions in the Declaration of Restrictions that would have to be met in order for there to be a release, but I will defer to them in terms of the actual process and procedure in terms of how we got here. Chair Russell: Barn, if you could start a little earlier than that and kind of bring folks up to speed with what we're dealing with here. Barnaby Min (Deputy City Attorney): Yes, sir. So if I get the dates wrong, I'm sorry. I'm sure I'll be corrected by whoever. But back in the '80s, there was a rezoning of the property. At the time that the rezoning was considered by the then -City City of Miami Page 183 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commission, there was a covenant that was recorded against the property. That restrictive covenant has a number of conditions in it. Some of those conditions indicate that certain uses cannot be allowed. It also indicated that the FAR (floor/area ratio) was a certain limitation. There is language in that covenant that says, "If the uses that are prohibited ever become allowed, based on a new zoning ordinance, and if the FAR increases, based on additional zoning ordinance" -- Unidentified Speaker: "Or." It's an "or." Mr. Min: I'm sorry; it's "or." Unidentified Speaker: One of the two conditions. Mr. Min: Or the FAR increases as a result of a new zoning ordinance, then the City Attorney shall file an affidavit or certificate with the public records for the Miami - Dade County Clerk. The requirement for an affidavit or certificate by the City Attorney's Office is very unique, which is why we placed it on as a discussion item, because typically, the way these things work is when there is a modification or a release of the covenant, that is either done administratively by the City Manager and Zoning Administrator, or it's an item that comes back to the City Commission after a public hearing, and approval by the City Commission. I am not aware in my 11 years with the City of a covenant that requires -- or authorizes the City Attorney to file an affidavit or a certificate in the public records of Miami -Dade County. That's the first time I've seen that. So that is why we've placed this on as a discussion item; to put the Commission on notice that this is a requirement. As far as backup with this particular covenant, there is a zoning verification letter from then -Zoning Administrator Devin Cejas. Obviously, within his abilities and his authority, Mr. Cejas opined that those two conditions have now been met; and so, it is appropriate for the certificate or affidavit to be filed. We, obviously, as the Attorney's Office, depend and defer to our Zoning Administrator, who has the technical abilities of making that determination. And so, based on that technical determination, we're prepared to notes you that we will be filing the certificate or affidavit; again, because it is unique, that's why we put it on as a discussion item for the City Commission. Chair Russell: Do we have a copy of the zoning letter? Mr. Min: It should be in your backup -- Mr. Ruiz: Yes. Mr. Min: -- for the item. Chair Russell: Thank you. And from that point forward -- I understand it's unique, so it's being brought to Commission; not for action of the Commission, but just for full transparency, so that everyone knows that a nontraditional process is being followed, but this is at the purview of the City Attorney's Office to take the next steps, based on an interpretation of the zoning letter that was issued; is that correct? Mr. Min: That is correct. There is -- the covenant has no indication that actual City Commission action is required. It state -- it places all authority within the City Attorney, which, again, is a unique situation, which is why we wanted to put this on as a discussion item. Chair Russell: Correct. And what would be the effect of that attorney's letter? What would that City Attorney's letter say; that certain conditions have been met? Because I noticed in the zoning letter, it actually already starts to go into the legal City of Miami Page 184 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 side, perhaps, saying that certain things have been met, and I just wanted to understand which part lies with which department. Mr. Min: So because the covenant will not be released or modified, since that requires a separate legal instrument to be filed, we will simply be filing an affidavit, if you will, that indicates that the Zoning Administrator's letter says what it says, and we're certfying the Zoning Administrator's letter. Chair Russell: And so, when you say, "It says what it says," that means the City Attorney's Office stands by the interpretation of the zoning letter? Mr. Min: Mr. Cejas has the full abilities and authority to issue the letter that he did; and so, yes, we would stand by his letter. We have no basis to believe otherwise from a legal standpoint. Chair Russell: Of course. Understood. And then what would be the practical effect for the residents who are here? Obviously, we have a discussion of a property owner who would like to do something with that property, and surrounding residents who are concerned with what might be done with that property. At the end of the day, the law is the law. They have their rights, and so do the neighbors. And I just want to make sure everyone is understanding on page with what this means once that letter is issued. What happens from that point? Mr. Min: So, as stated, this is just an affidavit or certificate. The covenant is not released, and it is not modified. So the covenant is still recorded against the property. It still shows as a cloud on the property. The other conditions that are stated in the covenant still have to be complied with by the current property owner. Chair Russell: Does the affidavit allow for any additional entitlements or applications for change of use, or anything like that? Mr. Min: No, it does not. The affidavit will simply say, "This is what the zoning verification letter says." Chair Russell: And so, does it really do anything? Mr. Min: In my humble opinion, it does not. You may want to ask the applicant, because, obviously, they've asked for it for a reason. But really, it just -- it is complying with the conditions that are stated in the covenant that if 'X " "Y," and "Z" have happened, the City Attorney shall follow the affidavit. Chair Russell: Got it. All right. Mr. Ruiz. And I really welcome your opinion on this. I understand it's a -- you're in a position of looking at a previous Zoning Administrator's letter. What -- can you help us clam and understand what was intended by that letter, and what we are to read into it? Mr. Ruiz: So in reading the previous Zoning Administrator's letter, he does an analysis of whether the two conditions in the declaration had been met. In reviewing it, I, myself, thought there needed to be further analysis done. Unfortunately, it draws an ultimate conclusion without an analysis fully done, so I would like to do that analysis myself, which is why I was requesting the additional time to go ahead and do that. Chair Russell: How much time do you need to do that analysis? Mr. Ruiz: I could turn it around by the next Commission meeting. Chair Russell: So two weeks? City of Miami Page 185 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mr. Ruiz: Yeah. Chair Russell: The 28th of March? Mr. Ruiz: Yeah. Chair Russell: And that would issue -- that would -- that -- you would look at it from scratch, basically, or you would basically be helping us understand what he said at that point? Mr. Ruiz: In a best -case scenario, it would be substantiating what's in the letter. Chair Russell: Understood. Understood fully. And do you agree with the City Attorney's Office with regard to the effect of that letter in terms of whatever the interpretation of it is, what that allows or doesn't allow for the applicant or the property owner from that point forward? Mr. Ruiz: I would defer to the City Attorney's Office on that point. I would weigh in on the technical elements in terms of whether those two conditions have been met. But in terms of the legal effect of it, I would defer to them. Chair Russell: I really appreciate that, because that helps us know who to go to for which answers on which side of this, so thank you very much. Commissioner Reyes: Could -- Chair Russell: So let me open up for fellow Commissioners -- Commissioner Reyes: Sure. Chair Russell: -- anyone who has a question. Commissioner Reyes: I -- excuse my ignorance, but I don't know anything about what you're talking about, and the coven -- I heard, "the covenant," and if this application stands, it -- Could you, in laymen's term, tell me so I do understand what is the problem with that covenant? The covenant precludes them from doing something or authorize them to doing something? What does the covenant says? Mr. Ruiz: There are a series of restrictions laid out in the covenant that can be released -- Commissioner Reyes: Restrictions for construction or restrictions for development? Mr. Ruiz: I'll defer to the applicant or the City Attorney, because my sole focus at this point has been whether the conditions of the release have been met, so I don't want to misspeak in terms of the actual -- Commissioner Reyes: Release of what? Mr. Ruiz: Release from the restrictions set forth in the declaration. Chair Russell: Not the covenant. Mr. Ruiz: Right. Commissioner Reyes: Not the covenant. And -- but what are the restrictions that they have now that they have to -- they are asking for --? City of Miami Page 186 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mr. Min: Mr. Chair, I can -- I'm happy to go through the covenant to address the Commissioner's concerns or questions. Chair Russell: Thank you. I found the Declaration of Restrictions in our backup, as well as the letter from the Zoning Administrator. Is the covenant in our backup, as well? Mr. Min: The Declaration of Restrictions is the covenant. Chair Russell: Is --? Mr. Ruiz: I think those words are being used interchangeably. Chair Russell: Understood. Thank you. So, yes, Barnaby, please. Mr. Min: The first paragraph requires the building to be maintained in its current condition. And again, this is back in 1983. The property may only be used for residential, office, bank, and bank uses. The top floor of the building shall be limited to residential uses. The first floor of the building shall be for parking. No medical or dental offices are allowed. The sixth paragraph deals with parking, as well. There shall be a maximum of one bank teller. There shall be no drive-ins or drive-in tellers, automatic or mechanical tellers. There is a prohibition on signage. There is a prohibition on modifications to the exterior of the building. There is a restriction on landscaping for the property. There is a financial contribution that is required for a traffic study. The City departments and agents must have the authority and ability to answer -- to do inspections, as appropriate. The restrictions are for the lifetime of the property. It is a covenant that runs with the land. And then this is the portion that causes us here -- to be here today. There is a provision that says, "If the zoning district or regulations for that applicable area should change to permit any structure within such area to be used totally for offices, banks, or commercial uses, or a combination of the above, or if the permitted FAR applicable to such area increases above the presently permitted, the subject property shall be relieved from limitations contained herein, which" -- "with the more restrictive" -- the new district restrictions -- regulations. So based on that provision -- again, I'll defer to the Zoning Administrator, but from my understanding, with the adoption of Zoning Ordinance 11000 and with the adoption of Miami 21, both of those conditions have been changed; and so, those conditions of this covenant no longer apply, which is why this affidavit should be filed. Chair Russell: So the affidavit gets filed; does not release the covenant? Mr. Min: The covenant is not modified or released; it's still in effect; that is correct. Chair Russell: Understood. Mr. Min: If -- because there is a separate provision in the covenant as far as how you amend, modem or release the covenant. The applicant is not before the City Commission today asking for a release, modification, or amendment. I certainly encourage them to do that, because that's -- that -- Commissioner Reyes: This Declaration of Restrictions is an agreement between the Coronas and the neighbors, or how it is? Because it's signed by (UNINTELLIGIBLE) Corona, which was the developer -- or the original owner. Mr. Min: So if -- the first page of the covenant does say that it is in order to assure the City Commission concerning the representations made during the rezoning of the property. So it came up during the rezoning process, and obviously, I can infer, City of Miami Page 187 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 based on the contents of the covenant, that it's also a result of some comments and concerns that are expressed by neighbors at that time. Commissioner Reyes: So this is still standing, although the property has been -- changed ownership? Ownership of the property has changed couple of times, right? Mr. Min: Correct. This covenant runs with the land, regardless of who the property owner is. Commissioner Reyes: And it has a lot of restrictions here. Mr. Min: There are a number of restrictions, yes, sir. Commissioner Reyes: Number of restrictions that I don't know if at the time were good. I don't know. That if the actual owners, they want to maintain those restrictions or they -- you want to -- Are you going to have a dental office there? Jeffrey Bercow: Excuse me? Commissioner Reyes: A dental office? Mr. Bercow: No, sir. Commissioner Reyes: Medical office? Mr. Bercow: No, sir. Commissioner Reyes: Okay. Those are two that you are not going to violate, so -- Mr. Bercow: If I may? Chair Russell: Are the restrictions in any way speaking to the FLR (floor/lot ratio), FAR, the density, the intensity of the structure, what could be applied for, for the future? It doesn't preclude them from seeking a change of zoning or anything like that? Mr. Min: No. Commissioner Reyes: No. Mr. Min: I do not read anything in this covenant that restricts or prohibits the applicant from seeking a rezoning. Chair Russell: So it's mostly all about use? Mr. Min: Yes, sir. Chair Russell: I understand there may be offers to purchase this property, even at this time. Does this restrict their ability to sell the property in any way, in its current state versus once the letter is issued? Mr. Min: I would have to defer to the property owner. I would assume it's a cloud on title, which is one of the reasons they're before you, but that is solely an assumption. I have to defer to others. Chair Russell: The covenant is the cloud on title or --? Mr. Min: Any document that is recorded against the property -- you know, when you do a title search -- City of Miami Page 188 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: But that would remain even after the letter, correct? Mr. Min: Yes. So again, I would have to defer to the applicant as far as how, if at all, this affects their potential for financing or change of ownership, or anything like that. Chair Russell: All right. I'd like to open the floor. You're very welcome to address the body. Mr. Bercow: Thank you, Mr. Chair, Commissioners. Jeff Bercow, 200 South Biscayne Boulevard. I agree with everything that Mr. Min has stated, except I just want to make sure that it's clear, because I don't think Mr. Min was clear the first time that he addressed this issue. What happens when the conditions have been met -- the FAR has been exceeded in the area, or the zoning has changed so that buildings can be totally commercial -- when either of those conditions are met, the covenant is very clear. What happens is the subject property shall be relieved of the limitations contained herein, which are more restrictive than the new district or regulations. All of the restrictions that Mr. Min read you, 1 through 11 -- and I assume the traffic study has been paid for in Number 12 -- 1 through 11 would be released from the covenant. So, yes, he's correct; we're not asking for a release of the covenant, we're not asking for a modification of the covenant, but we are asking for a document to be filed which relieves us from Conditions 1 through 11 in the covenant, and says that they are no longer operative or effective against the property. That's what we're asking for. And at that point, the underlying zoning will regulate, whatever that zoning is. Chair Russell: Thank you. Understood. You had a comment? Mr. Leal: I did, Commissioner Russell. As it relates to this covenant, let me give a little bit of a background on it. In 1980, the owner voluntarily entered into those restrictions; nobody imposed. That is why, Commissioner Reyes, it was signed by the owner. Nobody pointed a gun. They agreed; they agreed to those restrictions, first. Commissioner Russell, the property as it been discussed, has been transferred. This has been subject to and runs with the land, so you buy it knowing those restrictions; very important. Now, I know that we like to focus on the paragraph regarding use and density, but let's not forget, and read completely the paragraph. I like to do that when I'm reading a complete agreement. It talks about the timing of it. Let's focus on that language. It's 30 years, and then it automatically renews for 10 years. We're still within more than five years before that 10 year period that has been automatically renewed for them to come and actually make that application. In addition to that, Commissioner Reyes, we were -- I was here this morning. I have some residents here. Fellow Commissioners are not here. But to address one of the issues that was brought up, Point View is a crucial party to this transaction. The President of Point View Association is here, Ms. Chelin Duran. And if you look at Sub -Section "E" -- and I'm going to read it. I don't like to be pedantic, but "Provided that the same has been approved by Point View Association and then by the City Commission, after a public hearing." So this process is untimely, is premature, because, to my knowledge, no efforts have been made to reach out to Point View, to those neighbors, Commissioner Reyes, to know that this is happening. We only know about this because we were looking at the agenda, and this came up and -- Chair Russell: So you don't want a two -week deferral; you want a five-year deferral. Mr. Leal: Excuse me? Chair Russell: I'm just kidding. Mr. Leal: Oh. City of Miami Page 189 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: You don't want a two -week deferral; you want a five-year deferral. Mr. Leal: Yes, yes. I mean, that's what the contract calls for. That's what the contract calls for. Chair Russell: Thank you. I understand your position. Thank you very much. So with all that said, this is -- actually has been very good. I am glad we did take up this item to give some clarification and background, but I think we do need to really trust and believe in our Zoning Administrator. He is new to this position. It is his responsibility to look at all of these interpretations, because they are now in the light of the current body and the decisions that will be made by the City Attorney. So to give him that two weeks to study the letter and get back to us with a report on this, I would welcome a deferral of two weeks of this item to bring back at the March 28 agenda, with that direction to the Zoning Administrator. Mr. Bercow: Mr. Chair -- Mr. Min: Mr. Chair, can I add something? Mr. Bercow: -- Mr. Chair -- Chair Russell: Just a moment, Barnaby. Where did that voice come from? Mr. Bercow: Over here. Chair Russell: I heard you and I heard one other. Mr. Bercow: If I might just -- you know, I know Mr. Leal is doing his best to confuse you all up there, but regarding the timing, this -- the cov -- the -- Paragraph "D" that allows for relieving the property from the restrictions that are more restrictive than the new zoning has nothing to do and can be applied for at any time during the life of the covenant. Mr. Traurig (phonetic) could have applied for it in 1984 if the conditions had been satisfied. Regarding Point View, again, he's just trying to confuse you. We're not asking for a release or a modification of the covenant. If that was the case, then we would have to go to Point View, and we'd have to come to the City Commission for a public hearing. We are in full agreement of going back to the Zoning Administrator and having the Zoning Administrator do his analysis and get comfortable with the final result, and do whatever he wants to do relating to the zoning verification letter. But there's nothing in the covenant that requires this issue to come back to the City Commission. The City Attorney wanted there to be a discussion before the City Commission. We've had the discussion before the City Commission. You're done. On this issue, you're done. Let the Zoning Administrator do his job. And then once he's done his job, the City Attorney can record the required affidavit. That's all that's required. We don't need to burden the Commission anymore with this issue. Chair Russell: Thank you very much. It's duly noted that there is a difference of opinion on that interpretation, but with due respect, it's up to this body when they're comfortable to be complete with and understanding where the Zoning Administrator's coming from. So I would like to learn more and hear from the Zoning Administrator on it. And really, that would bring the close of this discussion item, because I believe there are some open-ended parts to it. So is there a motion of the body to defer for two weeks and allow the Zoning Administrator his moment for interpretation? Vice Chair Gort: Move it. City of Miami Page 190 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: There's been a motion. Is there a second? Seconded by the Chair. Any -- we have a -- is there anyone from the public who'd like to speak on the item? No? Commissioner Reyes: I'm still kind of confused with this. Chair Russell: I understand. Commissioner Reyes: You see, it says: These covenants are to run with the land and shall be binding to all parties for all purposes, agreement on the -- for a period of 30 years. And it would go on to say: An automatic (UNINTELLIGIBLE) period of 10 years, unless instrument signed by the majority of then -owner of the property, which are defined -- we are defining the majority owners of the property are those that live in Babylon, or those that --? Because there's nobody in Babylon now. Mr. Bercow: One owner; it's just the owner. Commissioner Reyes: Who is that? Mr. Bercow: Babylon International. Commissioner Reyes: You see, then it ceases because -- Mr. Bercow: Correct. But we haven't -- Commissioner Reyes: -- if that person says -- Mr. Bercow: -- asked for a release or a modification. What we're asking for is, because the conditions have been satisfied in Paragraph "D, " we want to be relieved of the obligations in the covenant that are more restrictive than the current zoning, which are Conditions 1 through 11. Commissioner Hardemon: Come on, guys. Chair Russell: Thank you very much. Commissioner Reyes: You see, I -- Chair Russell: You have a question? Commissioner Reyes: -- don't know. If we give you two weeks, you see, this is going to be sold, or we going to go back to square one? Because, I mean, I want -- a decision has to be made about this, and I thought that it was made by the previous Code Enforcement -- I mean Code -- Chair Russell: No; the Zoning Administrator. Commissioner Reyes: Code Administrator, I mean. Chair Russell: Yeah. Our Zoning Director has already recognized there are potential issues with the letter, and he'd like to scrutinize it further and give us his recommendation or his analysis of that letter. You know, he said in the best -case scenario, it's simply clarifying what it says. But in the worst -case scenario, he may look at it and say, "There is a difference of opinion here." I'd like to give him that freedom, and I think if we're going to have the discussion item, we should have it with open eyes, and understand what our Zoning Administrator believes about the letter. City of Miami Page 191 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: Yeah, but -- Chair Russell: He's asking -- he's asked for two weeks. I'd like to give it to him. Commissioner Reyes: I do understand, but I'm a little concerned, you know, that then every -- all the decisions that was made by the previous Administrator, and the plaintiffs or the people that -- who bought the properties, you see, I don't want to set a precedent that now on, every single decision is made, and then those people that came in good faith, and there were decisions made by the Commission, and then they have to be reviewed again. I don't want that to happen, because, I mean, they have the right -- everybody has the right. I mean, even if it is in favor of the neighbors or in favor of the people that are buying it. Chair Russell: Yeah. Commissioner Reyes: But why are we reviewing the decisions that were previous made and caused some people to take action, either purchase or to start the construction on? I mean, I -- that we are the slippery slope, you see. Mr. Leal: Commissioner, respectfully, I think that the law allows us to ask for a verification letter, and we're entitled to that right -- Commissioner Reyes: Yes, yes, but -- Mr. Leal: -- to due process and -- Commissioner Reyes: -- I'm not referring in this case. I mean, I'm not being in particular in this case. I'm saying that we cannot start reviewing all the previous decisions, because if we're going to do that, we're going to have the -- I mean, a line that is going to get to Crandon Park. Mr. Leal: Commissioner, I understand the concern regarding the "slippery slope" argument. But respectfully -- Commissioner Reyes: It is a slippery slope. Mr. Leal: -- if you want to change things, then you can change the Charter, how zoning (UNINTELLIGIBLE) work -- Commissioner Reyes: No, I'm not changing anything, sir. Mr. Leal: -- but we can (UNINTELLIGIBLE). Commissioner Reyes: The only thing that I'm saying -- Chair Russell: One at a time. Let's think of that, people. Commissioner Reyes: -- we are reviewing the decision of somebody that was previously here. Chair Russell: Thank you. All right. Ms. Tapanes Llahues: Respectfully -- Chair Russell: If there's -- I'm -- Ms. Tapanes Llahues: -- our predecessor -- City of Miami Page 192 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: I'm sorry. Are you addressing? Ms. Tapanes Llahues: Yes. Melissa Tapanes, with Bercow. Our predecessor in interest executed this covenant after an agreement with the City Commission in 1983. Those two conditions have been met. The need or desire for additional analysis can be done administratively. The purpose of us being here before you as a discussion item is simply to have this discussion. We would urge this Commission to allowing the Zoning Administrator and the City Attorney's Office to work with us on the language of the certificate and affidavit. The zoning verification letter is not a requirement of the covenant, either. It's simply the way that we choose -- chose to move forward on this item to give everyone the good, warm and fuzzies on how to deal with this complex covenant. We're happy to continue to work with the Zoning Office, as well as the City Attorney's Office, but we don't think it's appropriate to continue to bring us here before you and make this administrative issue the issue of this Commission. Chair Russell: I'm sorry you feel that it's inappropriate, but our Administration asked for a deferral, because they were not ready to have this discussion item. We've had it basically without them, which means we haven't really had the discussion item, so we'd be telling them to move forward with eyes closed. They brought it to us, because they would like us to see their analysis. I would like to see that analysis. It may not change a thing, but it's just two weeks, and our Administration has asked for it. I'd like to see it come back. So is there any further discussion on the dais? Commissioner Gort. Vice Chair Gort: Let me make a statement which I think is very important, and the little experience that I had by sitting up here. I understand you want to get rid of this, they want to get rid of this, but whatever we -- If we take an action today, I can tell you we're going to end up in court, and it's going to stay a lot longer. I don't mind waiting two weeks. Let them come up with the -- whatever they have to come up with, then make the decision. (UNINTELLIGIBLE). Commissioner Reyes: I do -- (UNINTELLIGIBLE). Vice Chair Gort: Before, it was stated that we're going to have a meeting -- Commissioner Reyes: I agree with you. Vice Chair Gort: -- in two months or a month and a half. This is two weeks -- Commissioner Reyes: Yes, sir. Vice Chair Gort: -- so we cut it by two. Chair Russell: Let's go. It's been moved by Commissioner Gort, seconded by the Chair. Is there any further discussion from the dais? Unidentified Speaker: (UNINTELLIGIBLE) going to end up in court. Commissioner Reyes: I want -- just make it clear that you are going to get together and you are going to solve this problem, once and for all, and then you can come and let us know how you solved it. I don't think that it's going to take any action amongst us. Mr. Leal: Commissioner, all we request in that process is a copy of the zoning (UNINTELLIGIBLE). City of Miami Page 193 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: Fantastic. And I'm all for process, but I want you to do that. And I had to make the comment that if we are going to start reviewing, we're going to be reviewing what happened 10 years ago. Okay? Mr. Leal: No further comments. Chair Russell: Is your microphone on? Commissioner Carollo: I'm all for process, but not if the process is for the reason to stall. We need to bring this to a head on, and it's got to come to a head. If you're going to get two weeks, then it's got to come to a head -- Commissioner Reyes: That's right. Commissioner Carollo: -- in two weeks. Now, Mr. Ruiz, you'll have an opinion in two weeks? Mr. Ruiz: Yes, sir. Commissioner Carollo: Okay. All right. Chair Russell: Thank you. All in favor of the motion to -- Mr. Min: Mr. Chair? Chair Russell: -- defer it to March 28 -- Chair Russell: You need something, Barnaby? Mr. Min: I'm sorry to overcomplicate it, but just based on some comments I heard from Mr. Bercow, what I heard is he wants to be relieved from all the covenants. If that's so, then I don't see why he doesn't just apply for a release. Chair Russell: We can discuss that at the item when we bring it back on the 28th. Commissioner Reyes: Okay. Chair Russell: Because I do see there is a differing of opinions and interpretation. Unidentified Speaker: That's not what the covenant says. Mr. Bercow: Yes, sir. Chair Russell: But now we know -- we understand -- and that's why this was good to have. We understand what their intention is. We understand what their interpretation is. Commissioner Carollo: Okay, but -- Chair Russell: We hear the countering voice. We do not know yet -- Commissioner Carollo: Yeah. Chair Russell: -- what our Administration thinks. Commissioner Carollo: But he just brought something up, and this is why this discussion was important; so that -- City of Miami Page 194 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: Agreed. Commissioner Carollo: -- we don't come back and then we have another -- Chair Russell: Start from scratch. Commissioner Carollo: -- hiccup, and we're back in the same thing. Commissioner Reyes: Yeah. Commissioner Carollo: Now, he made a statement though. If Mr. Bercow could explain that. Mr. Bercow: Yeah. So the clear language of the covenant in Paragraph "D" says, "If you satisfy either of those conditions, the property shall be relieved of the limitations contained herein, which are more restrictive than the new district or regulations, and the City Attorney shall record an affidavit in the public records to reflect that fact, "period. Mr. Leal: And if you read -- Mr. Bercow: That's what we're asking for. Mr. Leal: -- sub -- Mr. Bercow: It's not a release -- excuse me, Eddy. It's not a release. It's not a modification. We're asking exactly for what this covenant created, which is a one -of - a -kind -- I've never seen it in any other covenant -- process. It's not a release. It's not a modification. We don't have to go to Point View. There's no public hearing. It happens administratively. And that's what we're asking for. That's what we've been asking for since January of 2018, when we filed the request. Commissioner Carollo: Mr. Assistant City Attorney, through the Chair, is he correct that the wording in the covenant says "shall"? Vice Chair Gort: That's what it -- Mr. Min: Yes, sir, he is correct -- Commissioner Carollo: Well -- Mr. Min: -- that that is the provision of Paragraph "D." Commissioner Carollo: -- then "shall," as we all know, in legal terminology means not "maybe," not "we'll see"; means 'you will." Mr. Min: You are correct, sir. Commissioner Carollo: So -- Mr. Min: All I'm saying is that it sounds like a release, which then would go to Sub - Paragraph "E." Commissioner Carollo: Well -- Mr. Bercow: Correct. City of Miami Page 195 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mr. Leal: Correct, correct. Can you please read that? Because they're not letting me say that if you actually look at it, it has to be first approved by Point View, and then -- Chair Russell: You mentioned it; you did. Mr. Bercow: That's a different paragraph, Eddy. - Chair Russell: You did mention that. So it is a -- it is -- there has been an interpretation. We will get an understand -- better understanding and clarification from the Zoning Administrator on that letter. All in favor of the deferral to March 28, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. Thank you. DI.3 DISCUSSION ITEM 5583 Department of Real Estate and Asset Management A DISCUSSION ITEM OF THE MIAMI CITY COMMISSION PROVIDING INFORMATION ON THE POTENTIAL METHODS BY WHICH THE CITY MARINAS COULD BE OPERATED AND ANALYSIS OF CURRENT OPERATIONS. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item DI.3, please see "Order of the Day," and "Public Comment Period for Regular Item(s)." Chair Russell: I'd like to bring your attention to DL3, discussion item, City marina operations, please. Commissioner Carollo: What page? Chair Russell: That's the very last item on the agenda. Well, not for us today; we have more, but it's the last one in chronological order. Commissioner Carollo: I'm glad you clarified. Chair Russell: You got more to go; don't worry. It's not 10 p.m. Commissioner Carollo: Well, I thought everybody's items were going to get rolled over, and I see that two of mine didn't get rolled over. Chair Russell: Is there something on this agenda -- not on the agenda that should be on the agenda? Commissioner Carollo: Well, the last time when the meeting ended -- Chair Russell: Yes. Commissioner Carollo: -- I don't know what time it ended; 12, 1; I lost track; one - - two of the items that were left was my discussion item on the City Manager and my discussion item on Code Enforcement. They're not back on mysteriously, but I'm not going to complain, and particularly, since somehow, I keep putting public City of Miami Page 196 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 records requests and items that I'm asking for; I'm not getting them, or I get partial information, and there seems to be certain information that is falling through the cracks, like sketches and blue prints, and little things like that. I'm going to wait until I get it all, then we'll deal with it at the next meeting. Chair Russell: Thank you. I believe it rolled over to the next like agenda, which would be the 28th. So it is on the 28th, correct? Thank you. All right, DI.3 is a discussion item on City marina operations. Mr. Rotenberg, I believe you're here to respond to some questions that were brought up earlier at a previous meeting. Daniel Rotenberg (Director): Good afternoon, Commissioners. Daniel Rotenberg, Department of Real Estate and Asset Management. I believe there was one question asked about the operation, and an analysis of the current operations of the marina. I think it concerned Miami Marine Stadium, I believe. Chair Russell: The dry dock. Mr. Rotenberg: Right. So there -- because of the boat show coming to town, there were dry stacks that were removed that were never replaced. Part of that had to do with the RFP (Request for Proposals) that was out there and the boat show being there. We never replaced those dry stacks. So the revenue over there dipped because of the non -replacement of those stacks. Commissioner Carollo: How many stacks do we have there that boats can be placed in? Mr. Rotenberg: We have approximately 200-plus stacks. We've lost 35 to 40 stacks. Commissioner Carollo: Yeah, but we 've lost a lot more money than that. Mr. Rotenberg: We've lost -- Commissioner Carollo: A lot more money than that. Mr. Rotenberg: -- that equates to about $240,000. Plus, we had -- and that's the loss of the revenue from those stacks. Commissioner Carollo: Yeah. Mr. Rotenberg: And then we had a loss from the concessions given during the boat show, which, again, was about another $150,000. Commissioner Carollo: Still not adding up what I've seen, but I'll bring it up at a future meeting, because we need to put real management there, and this is the concern that I'm having. Properties that should be making a tremendous amount of dollars for us, they're not bringing its potential. And in this one, I've seen what it's made in the past, and the dip is much greater than what you're telling me the dip should be. So this is why we need to find out what's going on there. Mr. Rotenberg: IfI may, Chair? Chair Russell: Yes. Mr. Rotenberg: I do agree. Since I've been here, I've been trying to privatize or get as close to a private business as we can for the City. There are issues over there that are ongoing; that I would like to have the opportunity to get this privatized, City of Miami Page 197 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 whether it's through an operator or a manager. So I do agree with that, and would love to have the opportunity to present to each and every one of you. Commissioner Carollo: Okay. I would welcome that. Thank you. Chair Russell: Thank you. Commissioner Reyes: Thank you. Chair Russell: Commissioner Gort. Vice Chair Gort: Let me ask a question. What is our rate compared to the private sector? Mr. Rotenberg: Where is our rate compared to --? Chair Russell: The private sector. Vice Chair Gort: The private sector. Mr. Rotenberg: We are -- Vice Chair Gort: What are we charging? Mr. Rotenberg: -- we're under the private sector by a few dollars a linear foot. Vice Chair Gort: Okay. Chair Russell: Thank you very much. Commissioner Reyes. Commissioner Reyes: Yes. Be more than glad, and I've been asking for that long time ago, that I wanted you to do an analysis, what will be a benefit of having a private operator in our marinas. And also, I still insist -- and this goes for the Administration -- that all the slips that we have back here, that they have not been repaired, because we are waiting for FEMA (Federal Emergency Management Agency) money. I think that we are losing a lot of money that we can -- we're going to recoup that money from FEMA, anyways, so I just -- once again, I am going to ask you to try to expedite that, because that's a lot of money that is not coming to the City of Miami, and I think that is very inefficient on your part. Chair Russell: Commissioner Carollo. Commissioner Carollo: What I don't understand is why the private sector over at Monty's Marina, or whatever's it's called now, were able to build docks that were damaged, just like these were, and the City of Miami is not able to do that. Now, Mr. Manager, you've been here a little over a year now. When can we see those docks producing dollars in the City? Because they had the same FEMA problems we did. Commissioner Reyes: Absolutely. Commissioner Carollo: They were able to get it accomplished. And I don't think FEMA is going to reimburse us for all the money we've been losing. They're going to reimburse us for the cost of fixing it, hopefully, or most of it, but not the money we're losing. So I do not understand why we have not fixed those docks. Is there a reason that we're not understanding why it hasn't been done? City of Miami Page 198 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mr. Rotenberg: The main reason that it's not done -- and I'll answer for the City Manager -- is because of our process. Monty's didn't -- does not have a procurement process. It's cumbersome. It's very frustrating. It's being done very well, and as fast as Procurement can do it, but we have to jump through hoops in order to satisfy FEMA to even get FEMA funds, which I do agree, it's iffy if we're going to get them. At the same time, we still have to follow those procedures. I wish we did not. Commissioner Carollo: Well -- Commissioner Reyes: But -- Commissioner Carollo: -- what are we anticipating in getting from FEMA in dollars, if they would pay 100 percent? Mr. Rotenberg: That's a question for Risk. Commissioner Carollo: Does Risk know what -- the amount that we're asking of FEMA? Chair Russell: Capital would like to address. Steve Williamson: Mr. Chairman, Steve Williamson, Director of Capital Improvement. The number we're requesting from FEMA is approximately -- I don't have the exact numbers, but approximately 7.5 million. Commissioner Carollo: Okay. Since the hurricane, it's been how long? Chair Russell: A year and -- Commissioner Carollo: I lost track of it. Chair Russell: -- four months. It's only -- Commissioner Carollo: A year and four months. Commissioner Reyes: That's right. Commissioner Carollo: Approximately -- and maybe the Budget Director is still here somewhere -- how much money have we lost in income in that year and four months with the slips that we have down here? Chair Russell: Well, he's on his way. And I do believe we have business interruption insurance, as well. Mr. Rotenberg: I know we do have business interruption insurance, but Chris can answer that -- Chair Russell: Yeah. Mr. Rotenberg: -- precisely. But -- Ann-Marie Sharpe: Ann -Marie Sharpe, Risk Management Director. Yes, we do have business interruption coverage, but it's being contested at this time. So we have approximately $3 million claim, but it's not yet paid. We've not yet received that amount. City of Miami Page 199 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: Is that in legal, or are we keeping that in Risk at the moment? Where is that? Ms. Sharpe: Legal, yes. Chair Russell: It is in Legal. Commissioner Carollo: Why is it being contested? Do you know? Can you tell us why it's being contested? Ms. Sharpe: Yes. So the way the carrier interprets their policy language, they interpret one limit for what we call "PITO," Properties in the Open -- Commissioner Carollo: Right. Ms. Sharpe: -- that is the marinas -- to include the business interruption. We interpret it differently. We feel the business interruption should not be included in that 10 million PITO limit. Chair Russell: It's a separate item. Ms. Sharpe: And so -- right -- we think it's not subject to that limit. Chair Russell: How much are we seeking in business interruption? Ms. Sharpe: It's approximately 3 million. I think it's 3.1, but it's close to 3 million, I think; in that area. Commissioner Carollo: So we're talking approximately that we lost so far -- Commissioner Reyes: That's right. Commissioner Carollo: -- half of what we're expecting to get from FEMA, if FEMA would pay 100 percent of it? Commissioner Reyes: That's right. Commissioner Carollo: You know, businesswise, I don't think we're being too smart here. Commissioner Reyes: Nope. Ms. Sharpe: And, sir, that we have received six -- eight -- no. That we received already from the carrier, right? We've already received 8.8 million from the property carrier's insurance, that is. Commissioner Reyes: And why haven't we used that, I mean, to fix it? Commissioner Carollo: Yeah, but for this year? Ms. Sharpe: For that loss, for Irma loss, yes. Commissioner Carollo: Yeah, but that's citywide. Ms. Sharpe: Citywide, but the majority of that is Dinner Key -- Chair Russell: Dinner Key Marina. Ms. Sharpe: -- Marina. Yes. City of Miami Page 200 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: And we're out for contract now; is that correct? Can someone tell us where we are in the process for the repair? Mr. Rotenberg: There is an RFP out. The process is ongoing. And just to correct, we will not be getting 100 percent back from FEMA. It would only be 75 percent. Commissioner Reyes: Yes. That is more in my favor. Why don't we use the funds -- whatever funds we have, even if we have to borrow, and we fix it, and then we charge FEMA? We are losing money, and now -- I don't know if there is some sort of conditions in our insurance that we are losing business, but what have we done to recoup that business? Because an insurance company that see that we have -- we've been charging them for businesses that we are being lose -- that we are losing, but they don't see any action on our part to start getting some -- I mean, businesses and revenues for -- Chair Russell: Gentlemen -- Commissioner Reyes: -- and we are charging them. Chair Russell: -- thank you for your help, because this has taken way too long. Commissioner Reyes: Yes, sir. Chair Russell: At this point, we're out for contract. I'd love to know the time frame of that and a confirmation that we are no longer waiting for missing funds. We are moving forward with the repairs, and then the chips will fall where they will. Is that correct? Mr. Rotenberg: That's correct. As -- completely correct. Chair Russell: And the time frame? Annie Perez: Good afternoon, Commissioners. Annie Perez, Director of Procurement. We currently have an RFP out for design build services, and we have to follow State statute. We're doing it as quickly as possible. It was a two-step process. Step one is we have to do the request for qualifications; and step two, which is the step we're at now, there is a responsive, responsible vendor, and we are receiving now -- we're waiting to receive the second part, which is the price proposal and the technical proposal. Commissioner Carollo: Well -- Ms. Perez: So that's what we're waiting on. Commissioner Carollo: Annie, I'm glad that I finally heard that there's somebody responsible out there -- Chair Russell: All right. Commissioner Carollo: -- because this whole thing, you know, it just -- it's beyond my imagination -- Commissioner Reyes: Me, too. Commissioner Carollo: -- why this has happened. But since I have you up here, can I ask you another question -- Ms. Perez: Sure. City of Miami Page 201 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: -- another potential marina or potential floating something? The slip -- Ms. Perez: Yes. Commissioner Carollo: -- that we have in Maurice A. Ferre Park -- Ms. Perez: Yes, the FEC (Florida East Coast) slip. Commissioner Carollo: Yeah. -- we are trying to put it out for an RFP for the best and highest use, the most responsible bidder. When do you think you might be able -- finish what you are doing for Bayfront Park, so we could put that out for a bid? Because that money is going to come to the City, right? You know, we're really not going to hold any of that. We'll bring it to the City, like it should go. Ms. Perez: Commissioner, we do have an RFP out on the street for that. We were pending -- there's been a lot of questions on the survey, a survey for that property. So I know Mr. Jose Gell was getting -- we told him we needed to get a survey. So we have not held the preproposal conference until we have the survey, which we should be getting very soon, so -- Commissioner Carollo: Okay. Ms. Perez: -- but there is an RFP out for that. Commissioner Carollo: Okay. So that's all in good hands now. Ms. Perez: Yes, hopefully. Commissioner Carollo: Okay. Chair Russell: Thank you very much. Commissioner Carollo: Hopefully, we -- Ms. Perez: Hopefully, we get a great offer. Commissioner Carollo: Yeah. And the Manager should be happy, because -- and the Budget Director -- if we get some good money out of that, you'll get some money for the next fiscal year, because my intent is to do what some people are doing on 8th Street. If you want to lease a property, then you got to come up with money upfront, and then you start paying on the lease. So I hope that we could get some dollars for the City right away. Chair Russell: Thank you very much. END OF DISCUSSION ITEMS City of Miami Page 202 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) 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 Russell: I'd like to open up our Planning & Zoning agenda just long enough to take care of the procedural items that the Chairman mentioned this morning, and then we will get back to the regular agenda. Is that okay, Mr. Clerk? Commissioner Carollo: When you're saying, 'procedural" -- Chair Russell: There was a -- the Chairman had asked for a deferral this morning that he could not enact until 2 p.m. today. Commissioner Carollo: What Chairman? Chair Russell: Hardemon. Commissioner Carollo: You're back now? Chair Russell: Always my Chairman. Commissioner Carollo: Are you back? Chair Russell: Always my Chairman. Old habits are hard to break. Commissioner Carollo: Hardemon's back. Commissioner Hardemon: It was three years. Chair Russell: Thank you very much. Commissioner Hardemon: Three years is a long time. Chair Russell: It is, it is. Commissioner Hardemon: Yeah. So I would move to defer PZ.1, 2, and 3 to the March 28 meeting. Commissioner Reyes: Second. Chair Russell: It's been moved and seconded. Is there any comment from the public on the deferral? Seeing none, close public comment. Any comment from the dais? I have one question. So would this put two items on the March 28 agenda? Commissioner Hardemon: That's a good question. Chair Russell: Madam City Attorney? Commissioner Carollo: Were you saying first and second reading? Chair Russell: No. City of Miami Page 203 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: No. You can add -- Chair Russell: We -- would a deferral put two items on the March 28 agenda? Victoria Mendez (City Attorney): Yes, it would. Chair Russell: Would it be more prudent to withdraw this or one of the items? It's better to defer than to have them both there? Ms. Mendez: Yes, because I don't want any notice issues. Chair Russell: Agreed. And they are substantively different, the two items, correct? Ms. Mendez: They will be exactly the same on November -- Chair Russell: All right. Ms. Mendez: -- on March 28. Chair Russell: All right. Ms. Mendez: Exactly the same. Chair Russell: Okay. This is -- All right. Unique. Ms. Mendez: Marty McFly type. Chair Russell: Yes. Thank you. We will meet ourselves in the future. And there's been a motion for a deferral of PZs.1, 2, and 3 to March 28. There's been a motion; there's been a second. All in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. And that closes the PZ (Planning & Zoning) agenda. Francisco Garcia (Director, Planning): If I may, sir, by virtue of a brief footnote, for an abundance of clarity for anyone who may be present here? Chair Russell: Could you introduce yourself please? Mr. Garcia: Thank you, yes. I'm sorry. Francisco Garcia, Planning Director. You mentioned for -- I think, for the sake of brevity, two items. In fact, there will be six items: PZs.1, 2, and 3 -- Chair Russell: Correct. Mr. Garcia: -- before you today will be moved -- all sail to the next agenda. And the ones that are already there in that agenda will remain. That's a total of six items. And there will be a redundancy, but that redundancy is well provided for here. Chair Russell: Thank you. Mr. Garcia: Thank you. Chair Russell: Thank you for clarifying. You're absolutely correct, as always. City of Miami Page 204 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 PZ.1 ORDINANCE First Reading 5579 Commissioners and Mayor- PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS AS ESTABLISHED IN SECTION 163.3184, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 240, 270, 352, 372, 382, 301, 320, 250, 262, 365, 298, 300, 310, 340, 371, 353, AND 288 NORTHEAST 61 STREET; 401, 300, AND 415 NORTHEAST 62 STREET; 334, 350, AND 370 NORTHEAST 60 STREET; AND 6300, 6380, 6301, 6350, 5972, 5974, AND 5952 NORTHEAST 4 AVENUE, MIAMI, FLORIDA; AND BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN FOR A PORTION OF THE REAL PROPERTY AT 6001 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: Item PZ.1 was deferred to the March 28, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.1, please see "PZ Order of the Day." City ofMiarni Page 205 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 PZ.2 ORDINANCE First Reading 5580 Commissioners and Mayor- PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), REZONING CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 17.75 ACRES (773,326 SQUARE FEET) FOR THE "MAGIC CITY SPECIAL AREA PLAN" ("SAP"), AN ASSEMBLAGE OF PARCELS LOCATED AT APPROXIMATELY 6001 AND 6041 NORTHEAST 2 AVENUE, 5952, 5972, 5974, 6300, 6301, 6350, AND 6380 NORTHEAST 4 AVENUE, 6200 AND 6210 NORTHEAST 4 COURT, 270, 296, 334, 350, AND 370 NORTHEAST 60 STREET, 228, 240, 250, 262, 270, 288, 298, 300, 301, 310, 320, 340, 352, 353, 365, 371, 372, AND 382 NORTHEAST 61 STREET, AND 200, 300, 401, AND 415 NORTHEAST 62 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; THE SAP CONSISTS OF A PHASED PROJECT WHICH INCLUDES A MAXIMUM OF APPROXIMATELY 2,630 RESIDENTIAL DWELLING UNITS AND 8,164,140 SQUARE FEET OF TOTAL DEVELOPMENT FLOOR LOT RATIO ("FLR") OF WHICH 370,000 SQUARE FEET OF FLR MAY ONLY BE USED FOR PARKING; THE SAP SHALL CONTAIN A MINIMUM OF 165,528 SQUARE FEET OF PUBLIC OPEN SPACE; THE SAP WILL MODIFY THE UNDERLYING TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS AND WHERE A REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 CODE WILL APPLY; FURTHER BY CHANGING THE ZONING CLASSIFICATION OF A PORTION OF THE ABOVE - REFERENCED PROPERTIES FROM "D1," WORK PLACE ZONE, AND "T5-O," URBAN CORE TRANSECT ZONE - OPEN, TO "MCID-1," MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT, AND "MCID-2," MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT, PURSUANT TO THE REGULATING PLAN AND CONCEPT BOOK ATTACHED HEREIN, PROVIDED THAT THE "MCID-1," MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT SHALL HAVE EQUIVALENT STANDARDS AND CRITERIA AND BE REGULATED THE SAME AS THE T6-12-0 URBAN CORE TRANSECT EXCEPT AS OTHERWISE MODIFIED BY THE SAP AND THAT THE "MCID-2," MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT SHALL HAVE EQUIVALENT STANDARDS AND CRITERIA AND BE REGULATED THE SAME AS THE T6-24-0 URBAN CORE TRANSECT EXCEPT AS OTHERWISE MODIFIED BY THE SAP; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiarni Page 206 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 MOTION TO: Defer RESULT: DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: Item PZ.2 was deferred to the March 28, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.2, please see "PZ Order of the Day." City of Miami Page 207 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 PZ.3 ORDINANCE First Reading 5581 Commissioners and Mayor- PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MCD MIAMI, LLC, MAGIC CITY PROPERTIES I, LLC, MAGIC CITY PROPERTIES II, LLC, MAGIC CITY PROPERTIES III, LLC, MAGIC CITY PROPERTIES IV, LLC, MAGIC CITY PROPERTIES V, LLC, MAGIC CITY PROPERTIES VI, LLC, MAGIC CITY PROPERTIES VII, LLC, MAGIC CITY PROPERTIES VIII,LLC, MAGIC CITY PROPERTIES IX, LLC, MAGIC CITY PROPERTIES X, LLC, MAGIC CITY PROPERTIES XI, LLC, MAGIC CITY PROPERTIES XIV, LLC, MAGIC CITY PROPERTIES XV, LLC, MAGIC CITY PROPERTIES XVI, LLC, MAGIC CITY PROPERTIES XVII, LLC, MAGIC CITY PROPERTIES XVIII, LLC, MAGIC CITY PROPERTIES XIX, LLC, MAGIC CITY PROPERTIES XX, LLC, MAGIC CITY PROPERTIES XXI, LLC, MAGIC CITY PROPERTIES XXII, LLC, MAGIC CITY PROPERTIES XXIII, LLC, MAGIC CITY PROPERTIES XXIV, LLC, MAGIC CITY PROPERTIES XXV, LLC, DRAGON GLOBAL MIAMI REAL ESTATE INVESTMENTS, LLC, LEMON CITY GROUP, LLC, AND IMPERIAL CAPITAL GROUP, LLC AND THE CITY OF MIAMI RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF 17.75 ± ACRES FOR THE MAGIC CITY INNOVATION DISTRICT SPECIAL AREA PLAN ("MAGIC CITY SAP") COMPRISED OF AN ASSEMBLAGE OF PARCELS LOCATED AT APPROXIMATELY 6001 AND 6041 NORTHEAST 2 AVENUE, 5952, 5972, 5974, 6300, 6301, 6350, AND 6380 NORTHEAST 4 AVENUE, 6200 AND 6210 NORTHEAST 4 COURT, 270, 296, 334, 350, AND 370 NORTHEAST 60 STREET, 228, 240, 250, 262, 270, 288, 298, 300, 301, 310, 320, 340, 352, 353, 365, 371, 372, AND 382 NORTHEAST 61 STREET, AND 200, 300, 401, AND 415 NORTHEAST 62 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, PARKING GARAGE, AND ANY OTHER USES AUTHORIZED BY THE MAGIC CITY SAP AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - FUTURE LAND USE MAP DESIGNATION AND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: Item PZ.3 was deferred to the March 28, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.3, please see "PZ Order of the Day." City ofMiarni Page 208 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 END OF PLANNING AND ZONING ITEM(S) City of Miami Page 209 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 NA - NON -AGENDA ITEM(S) NA.1 RESOLUTION 5565 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RON DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE SENATE BILL 594, OR SIMILAR LEGISLATION, THAT WOULD REQUIRE, AT THE REQUEST OF ONE OR MORE MEMBERS OF THE LEGISLATURE, AN INVESTIGATION OF CERTAIN COUNTY OR MUNICIPALITY OFFICIAL ACTIONS FOR STATE LAW OR STATE CONSTITUTION VIOLATIONS AND PROVIDE FOR THE WITHHOLDING OF A SHARE OF REVENUES APPORTIONED TO THE COUNTY OR MUNICIPALITY; AND TO FURTHER OPPOSE HOUSE BILL 3, OR SIMILAR LEGISLATION, THAT WOULD PREEMPT LOCAL GOVERNMENTS FROM IMPOSING OR ADOPTING REGULATIONS ON BUSINESSES, CAUSES CURRENT REGULATIONS ON BUSINESSES TO EXPIRE ON JULY 1, 2021, AND PROHIBITS LOCAL GOVERNMENTS FROM REGULATING SPECIALTY CONTRACTORS; DIRECTING THE CITY MANAGER TO INCLUDE THESE ISSUES AS ADDITIONAL STATE LEGISLATIVE PRIORITIES FOR THE 2019 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO GOVERNOR RON DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE. ENACTMENT NUMBER: R-19-0114 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: Mr. Reyes. Commissioner Reyes: Mr. Chair, I have a pocket item, which is a resolution that -- opposing SB (Senate Bill) 594 and HB (House Bill) 3 -- Chair Russell: Thank you. Commissioner Reyes: -- which totally, it's -- what they're doing is they're pre- empting the City -- I mean, all the cities, you see, any time that an ordinance is going to be presented, you see, and we -- it really ties our hands, and it goes as far as punishing the cities by withholding or retaining revenues from the City. And if we place -- I mean, if they think -- what? Chair Russell: Thank you. Commissioner Reyes: I saw you -- Mayor Francis Suarez: I apologize. Commissioner Reyes: -- giving signs. I thought that you were -- City of Miami Page 210 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Mayor Suarez: I motioned behind you; my apologies. Commissioner Reyes: -- giving baseball signs, you know. Mayor Suarez: Yeah. Chair Russell: Commissioner Reyes, thank you very much. And I'd -- what I'd like to do is create a process where, for pocket items, we introduce them at the order of the day. Commissioner Reyes: Good. Chair Russell: That way, Commissioners have a -- have the day to look at them, and we'll take them up at the -- Commissioner Reyes: Yeah. Chair Russell: -- discussion item portion of the district. Commissioner Reyes: Okay. Chair Russell: Is that all right? Commissioner Reyes: What I want is every -- all my colleagues to read it, and understand there is a great danger. And now there's a -- the legislation -- this legislative year, there is a lot of State laws proposed that are taking power from all the municipalities and the counties, and we have to be very aware of that. Chair Russell: Thank you. I'll make a note for the Clerk where we'll be taking up the pocket item. If there are any others, now is the time if you could, just as a courtesy to all, and then we'll take them up during the discussion items of each district. Commissioner Carollo: You mean we could still do pocket items? Chair Russell: We can. We always -- we have that ability. Commissioner Carollo: Oh. Chair Russell: We have that ability. Commissioner Carollo: Wait, wait. Give me a few minutes; I'll go to the office and write a few up. Later... Chair Russell: And then we have a pocket item from Commissioner Reyes -- Commissioner Reyes: Pocket item, yes. Chair Russell: -- which was passed out this morning. Commissioner Reyes: Yes. This pocket item is very easy. Do all of you have a copy? Vice Chair Gort: Move it. City of Miami Page 211 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: It's been moved. Is there a second? Commissioner Carollo: Second. Chair Russell: Seconded by Commissioner Reyes. Commissioner Reyes: Second by -- Chair Russell: So I'm going to open public comment on this pocket item. Would any -- would you like to present it so that everybody knows exactly what it is? Because as a pocket, the public hasn't seen this yet. Just read the title. Commissioner Reyes: It is a resolution of the Miami Commission urging Governor Ron Desantis and the members of the Florida Legislature to oppose Senate Bill 594, or similar legislation, that would require, at the request of one or more members of the Legislature, an investigation of certain county or municipality official actions for State law or State Constitution violations, and provide for the withholding of a share of revenues apportioned to the county or municipality; and to further oppose House Bill 3, or similar legislation, that would preempt local governments from imposing or adopting regulations on businesses, causes current regulations on businesses to expire on July 1, 2021, and prohibits local governments from regulating specialty contractors; directing the City Manager to include this issue as an additional State legislative priority for the 2019 session; directing the City Clerk to transmit a certified copy of this resolution to Governor Ron Desantis and the members of the Florida Legislature. The legislation is trying to preempt our authority. It's taking a sovereignty of the cities, and I think we have to make our opposition clear. Chair Russell: Home rule; here, here. Is there any further discussion on the dais? Madam City Attorney. Victoria Mendez (City Attorney): And Grace Solares brought up that we did not have the little provision about emergency, pursuant to 2-33, for pockets, so that's been placed in the legislation, so it is fully compliant. Commissioner Reyes: This is -- Vice Chair Gort: This is an emergency, because they're going in session right now. Ms. Mendez: They're in session right now. Commissioner Reyes: Because they're in session right now. Ms. Mendez: So it is fully compliant. I apologize that it wasn't there in the original draft. Chair Russell: Time sensitive. Commissioner Carollo: All right. Chair Russell: All in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Commissioner Carollo: Whoa, whoa, whoa, whoa. Before you hit that gavel. Mr. Manager, with all respect to you, sir, I have been asking under numerous public records requests that -- as you know, we passed a resolution that five business days, City of Miami Page 212 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 NA.2 5644 Office of the City Clerk we're supposed to get material. There are materials that I know that is not because the people that are reading it -- Chair Russell: Is this for this item, Commissioner? Commissioner Carollo: No, no, no. Just quick -- Chair Russell: Let's just fin -- Commissioner Carollo: No, no. I'm asking -- Chair Russell: I'll open new business -- Commissioner Carollo: Okay. Chair Russell: -- as soon as -- Commissioner Carollo: All right. Yeah. Chair Russell: -- we take the vote on this. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Commissioner Carollo: Thank you. DISCUSSION ITEM MAYOR FRANCIS SUAREZ RECOGNIZED IN THE CITY COMMISSION CHAMBERS FORMER STATE REPRESENTATIVE DAVID RICHARDSON, FORMER STATE REPRESENTATIVE ROY HARDEMON, COUNTY COMMISSIONER EILEEN HIGGINS AND CITY OF MIAMI BEACH COMMISSIONER JOHN ELIZABETH ALEMAN. RESULT: DISCUSSED Chair Russell: Mr. Mayor, good morning. Mayor Francis Suarez: Thank you, Mr. Chair. First of all, I'd like to, before making my brief presentation and the Mayor's message, just acknowledge the presence of two current and one former elected official. Miami -Dade Commissioner Eileen Higgins, I think, was here. If she's not here, she had to leave, unfortunately; City of Miami Beach Commissioner John Aleman, who's here; and former State Representative David Richardson, who's also here. Vice Chair Gort: Go ahead. Mayor Suarez: Did I miss someone? Oh, that's my buddy. Former State Representative Roy Hardemon is also here on an item that he and I had been collaborating on for many, many, many months, and finally, it's here, so we're thankful for that. Thank you, State Representative. City of Miami Page 213 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 NA.3 5645 Office of the City Clerk DISCUSSION ITEM ALLYSON WARREN ADDRESSED AND THANKED THE CITY COMMISSION, CITY ATTORNEY AND CITY ADMINISTRATION FOR THEIR ASSISTANCE WITH AN ONGOING PROJECT IN THE SHORECREST NEIGHBORHOOD. RESULT: DISCUSSED Chair Russell: Just as a point of privilege, I wanted to open the floor for a moment to Ms. Allyson Warren, who wanted to address the body for two minutes, please. Non -agenda item, correct? Allyson Warren: I'm sorry? Chair Russell: There's a non -agenda item you wanted -- Ms. Allyson: This is a non -agenda item. This is a -- catching the Commission up -- for whoever is listening -- over a project that's been in progress for better than 12 years in our neighborhood. I want to thank Commissioner Reyes and his staff, Commissioner Hardemon, Ms. Mendez, the Mayor, and everybody else who's been involved in this project, because it's a big project. It's where Mike Gordon's used to be in the Shorecrest neighborhood. And unfortunately, at the time the Major Use Special Permit was accepted back between 2005 and 2007, there was nobody on staff here to check conditions of the Major Use Special Permits when they were permitting projects. So the two things that this neighborhood was promised is a developer's proffer, which was a wall separating single-family homes in the back from the street and a row of trees, was never complied with. We believe that we have final gotten within a cusp and a fingernail of finalizing this. We got Mr. Garcia by the hairs of his chinny chin chin to work with us. He said I could throw him under the bus like that. We are within inches of this finally happening, and I want to be sure to thank everybody for all the help that we've gotten, but also to say, please, if we come back, we want to be sure that you all continue to support the efforts of neighborhoods that have Major Use Special Permits within them that the compliance is there, and that 12 years don't go by without full compliance. It shouldn't have been this hard to get a wall and a row of trees. It just shouldn't have taken 12 years, but it did. We're that close. We're hoping that the developer is simply going to follow up on the agreement that we think we've come to with them, but there's still other things that may need to be done along the way, and we just want to be sure that you all are going to continue to help us, because a neighborhood doesn't have all those means to fight a developer and developer's counsel, and this was not a big thing. This was proffered by the original developer. We wound up with successor. So thank you all. It's been a long 12 years. It's not over yet, but Commissioner Reyes, Commissioner Carollo, Mr. Russell, Commissioner Hardemon -- you're our Commissioner now -- for now; Commissioner Gort; Victoria, wherever you are; Mr. Manager, who I have met with several times, and several of his predecessors, thank you. We're not going away any time soon, but we will need your continued support, if that's okay by you. Chair Russell: Thank, Ms. Warren. Ms. Warren: Thank you. City of Miami Page 214 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 NA.4 5646 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY CLERK TO ADVISE THE CITY COMMISSION AT APPROXIMATELY 10:00 P.M. OF THE TIME AND THAT THE ITEM THAT IS BEING CONSIDERED WILL BE THE LAST ITEM HEARD UNLESS THE CITY COMMISSION DECIDES TO EXTEND THE MEETING. ENACTMENT NUMBER: R-19-0119 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Commissioner Carollo: Okay. Can we make -- Commissioner Hardemon: (UNINTELLIGIBLE). Commissioner Carollo: -- one minor change to this that would include everything that it has with one addition? That the City Clerk is responsible -- Commissioner Reyes: At 10 o'clock. Commissioner Carollo: -- at 10 o'clock, asking us if we want to proceed or not. Commissioner Hardemon: The thing about it is this, is that -- look -- Chair Russell: Commissioner Hardemon. Commissioner Hardemon: -- remember, it's not -- it is not necessarily like -- what I call a 10 o'clock gut check -- Vice Chair Gort: Yeah. Commissioner Hardemon: -- it's a 10 o'clock gut check on an item. So it's whatever item -- Vice Chair Gort: New items. Commissioner Hardemon: -- we're considering at 10 o'clock. Chair Russell: Yeah. Commissioner Hardemon: So basically, you can have an item that we 've been considering from 8 o'clock to 11 o'clock; that item is still the same item we 've been discussing for the 10 o'clock. Commissioner Carollo: You're right, it's the item. I said that. Commissioner Hardemon: And so, basically, it could be 11 o'clock -- right? -- but it's -- if we were finished with that item that we were discussing at 10 -- Vice Chair Gort: We can (UNINTELLIGIBLE). City of Miami Page 215 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Hardemon: -- we can decide to go. Commissioner Carollo: I understand that, and that's clear. Chair Russell: All right. So withdrawn. All right. Vice Chair Gort: Okay. Ms. Mendez: (UNINTELLIGIBLE) going to happen on item -- let's say, we were listening something, past 10 o'clock; at 12 we finish with that item -- Vice Chair Gort: Right. Ms. Mendez: -- everybody's going to look around -- Commissioner Hardemon: Right. I mean, at that time -- Ms. Mendez: -- and say whether they want to go on to the next one? Commissioner Hardemon: If we're going to continue. That's the major -- that's the Commissioner Carollo: Can -- Commissioner Hardemon: -- unanimous. Commissioner Carollo: -- we just -- Commissioner Hardemon: And once we continue on, it's a regular meeting. Chair Russell: (UNINTELLIGIBLE). Commissioner Carollo: Can we keep then the ordinance as we had it in the books, with one addition that we'll make; that the Clerk will have the responsibility at 10 p.m., or as close to it as he can, to inform the Commission that it's 10 o'clock, and, you know, it's up to us to decide? Chair Russell: I think that's a direction to the Clerk. Is that --? Commissioner Reyes: Direction to the Clerk. Commissioner Carollo: Well, yeah, but I want more -- Chair Russell: You 're good. Commissioner Carollo: -- than a direction. I want it, you know, in writing there, in an ordinance -- Chair Russell: Right. Commissioner Carollo: -- that he's responsible. Chair Russell: The decision to continue happens after the item is finished, correct? Vice Chair Gort: Right. Commissioner Carollo: Yeah. City of Miami Page 216 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Chair Russell: But the Clerk can let us know -- Commissioner Carollo: Sure. Chair Russell: -- when it's 10 o'clock. Commissioner Carollo: Sure. Yeah. Chair Russell: Okay. But the item is withdrawn, correct? Commissioner Carollo: Well, it's -- let me put it this way: This item is withdrawn. And if you guys aren't going to Five -Day Rule me, then I'd like to bring the original wording that we have in the original ordinance, with the only addition that the Clerk will advise us at 10 p.m. -- if we go to any meeting till 10 -- that it's 10 p.m., so we can decide if that's the last item that we're going to hear or not. Ms. Mendez: We could do that with a resolution, directing the Clerk -- Chair Russell: That's a reso directing. Commissioner Carollo: Okay. Ms. Mendez: -- to do that, and then we -- Commissioner Carollo: Then -- Ms. Mendez: -- just take this one out. Commissioner Carollo: Okay, yeah. Then let me make a resolution to that. Directing the City Clerk, that he is responsible at 10 p.m., when the bell rings -- Commissioner Reyes: 10. Commissioner Carollo: -- to let us know that it's 10 p.m., and we can decide then if we are going to proceed with the last item, or we're going to keep beyond that. Ms. Mendez: If you're in the middle of an item, though -- Commissioner Carollo: We have to -- yeah, yeah. Vice Chair Gort: We -- Ms. Mendez: -- right when the item is done -- Commissioner Carollo: Yeah, exactly. Ms. Mendez: -- you -- he makes this -- So 10 p.m., or right after that item is done. Commissioner Reyes: It's past 10 p.m. Commissioner Hardemon: Oh, it is. Right. It is -- Commissioner Reyes: 10 p.m. or past 10 p.m.? Commissioner Carollo: Yeah, but he has to advise us at 10p.m., more or less. Commissioner Reyes: Yes. City of Miami Page 217 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Carollo: Not at 1 in the morning. Commissioner Hardemon: It needs some massaging. Commissioner Reyes: That's right. Commissioner Hardemon: What you're saying needs some massaging, but effectively, what's really happening is that the Clerk is going to note - he's going to note that -- Commissioner Reyes: We passed 10. Commissioner Hardemon: -- this is the item that we were discussing, and it is 10 o'clock, right? Now, the question is, when does he interrupt? Does he interrupt us in the middle of the deliberation of it? Because, basically, what's happening here is once we pass -- even if we were deliberating on the same item from 10 o'clock to midnight, it's really -- if you stay past midnight, if you stay past the conclusion of that item, that's where the unanimous consent comes in. It is just that they peg it to whatever you're discussing -- Commissioner Carollo: Right. Commissioner Hardemon: -- at 10. Commissioner Reyes: That's right. Commissioner Carollo: We've understood that. Chair Russell: So -- Commissioner Carollo: And so -- Chair Russell: -- at the end of the item -- Commissioner Carollo: -- your massage is going to have a happy ending. No problem. Commissioner Hardemon: I only paid for the massage. Chair Russell: All right. So is that a resolution direct -- is that a resolution directing, or is that -- okay. It's a resolution directing the Clerk -- Mr. Hannon: Clarification. So again, it's 10 o'clock, and we continue to deliberate for another two hours, and now it's midnight. So I am, at 10 o'clock, notifying the Commission that it's 10 o'clock and -- Commissioner Carollo: And that item that we're hearing at 10 p.m. will be the last item that we're going to hear, unless -- Commissioner Reyes: If we decide. Commissioner Carollo: -- we have a vote to decide to go beyond that. Commissioner Reyes: If we decide. Chair Russell: Right, but that vote happens at the end of that item. City of Miami Page 218 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Hardemon: Unless we -- Chair Russell: If that item goes to 1 -- Commissioner Hardemon: -- agree. Chair Russell: -- 2 -- yeah. Commissioner Reyes: 2 or 3, whatever. Commissioner Carollo: Yeah, exactly. Commissioner Hardemon: Unless we agree. Not a vote. Commissioner Carollo: Yeah, and a vote. Commissioner Hardemon: It still has to be a unanimous agreement. Chair Russell: Correct. Commissioner Carollo: Yeah, it has to be. Commissioner Hardemon: Right. Mr. Hannon: And -- Commissioner Hardemon: So when it's done -- if that item is completed at 12 and Commissioner Gort has to leave, that meeting comes to an end -- Commissioner Reyes: That's right. Commissioner Hardemon: -- unless we all agree -- because he can stay. He can say, "I'm going to stay past this item." Or we continue doing items, and then he decides, you know, later, "Okay, I'm going home," and he can leave and the meeting will continue is what my point is to you. Chair Russell: Yep. All right. Mr. Hannon: So for clarification, we're discussing an item; it's 10 o'clock. I'm going to not fy the Commission that it's 10 o'clock -- no. I'm going to wait till the end of deliberation. And so, if the deliberation goes till 1 in the morning -- Commissioner Carollo: No, no. You got to notify us at 10. Mr. Hannon: So I'm noting you when the clock strikes 10, number one. And then, upon conclusion of deliberation, which means discussion and a vote -- that's our definition of "deliberation" -- then -- Commissioner Hardemon: This body will decide by unanimous -- Mr. Hannon: Either through unanimous consent or a vote -- Commissioner Hardemon: -- agreement -- got to be unanimous agreement. Chair Russell: Right. But you'll basically remind us that that 10 o'clock item has completed. "Gentlemen, does everyone want to continue?" Commissioner Carollo: Yeah. City of Miami Page 219 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: That's right. Chair Russell: Because that will effectuate every time what is already in the ordinance, but in a very methodical way that can't be used sometimes, not sometimes. Commissioner Carollo: And -- Chair Russell: I think it's clear. Commissioner Carollo: -- Mr. Clerk, that will resolve forever the confusion we had the other meeting, because we will be forewarned it's 10. Mr. Hannon: Yeah. Again, just -- understood. And I'm sorry if I'm repeating myself. But deliberation includes discussion and a vote. And then, it's only upon conclusion of that item that, potentially some action could be taken about adjourning the meeting, but -- Commissioner Carollo: Right. But you've got to warn us at 10. Mr. Hannon: Understood. Commissioner Carollo: Okay. Mr. Hannon: IfI have to streak through here naked, I'll make sure that -- Commissioner Carollo: Whatever it takes. Mr. Hannon: -- you guys know that it's 10 o'clock. Chair Russell: All righty. Commissioner Hardemon: So we'll know what item we were discussing at 10. You see what I'm saying? That's the importance of it, because -- for instance, we might have been discussing an item at 10, moved on to another item, and we're on that item. And you're like, "Okay. Is this the 10 o'clock item or is this the, you know, 10: 05 item?" Chair Russell: Yeah. Commissioner Hardemon: But there may be two different items. So this rule applies to the item that we're discussing at 10. Chair Russell: Puts a line in the sand. Commissioner Hardemon: So I think that it -- Chair Russell: All right. So that's a resolution. Commissioner Hardemon: -- it's a good note. Chair Russell: Is there a motion? Commissioner Carollo: There's a motion. Commissioner Reyes: Second. Ms. Mendez: Oh. And one -- just one -- City of Miami Page 220 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 Commissioner Reyes: (UNINTELLIGIBLE). Ms. Mendez: -- more thing. I want to make sure that "deliberation" also includes if you decide to defer an item. Commissioner Reyes: We're not going to be here after 10 o'clock. Ms. Mendez: You take a vote to -- Commissioner Hardemon: When it pass. Ms. Mendez: - you know, you deliberate, you do all that, and then you take a vote to defer something. Chair Russell: Yes, that's the end of the item, as well. Ms. Mendez: We're including deliberation in all that. Yes? Chair Russell: Of course. Ms. Mendez: Okay. Mr. Hannon: No, no, no. Again, you know, discussion and a vote. Whatever that vote entails, that is the conclusion of the item. Chair Russell: Thank you. Commissioner Reyes: It's 10 o'clock. Ms. Mendez: Thank you -- Chair Russell: There's a motion. There is a second. Ms. Mendez: -- for humoring me. Mr. Hannon: Public hearing. Commissioner Reyes: Second. Chair Russell: Is there any public comment on this? All right. Seeing none, I'll close public comment. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. We have one item left and one pocket. Commissioner Reyes: Yes. Chair Russell: Code, the task force. Commissioner Carollo: Yeah. Chair Russell: Is there a motion on this item? Commissioner Carollo: Nope. Commissioner Reyes: Nope. City of Miami Page 221 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 NA.5 5647 Office of the City Clerk Commissioner Carollo: I want to go over a couple of areas here. Let me get the item. Chair Russell: And to be clear, we're covering simply the task force concept, right? We're not going into -- Commissioner Carollo: Well -- Chair Russell: -- a Code discussion. Commissioner Carollo: No, no, no. We're not going into a Code discussion here. Commissioner Reyes: (UNINTELLIGIBLE). DISCUSSION ITEM DISCUSSION BY COMMISSIONER CAROLLO REGARDING THE STATUS OF PENDING PUBLIC RECORDS REQUESTS MADE TO THE CITY MANAGER'S OFFICE. RESULT: DISCUSSED Chair Russell: Is there anyone here who'd like to discuss anything further this evening? Commissioner Carollo: Thank you. All that I'm asking you, sir, that I get what I'm asking for. If Fire Marshals give occupancy rates to places, they have to have -- otherwise, they can't do that -- sketches, blueprints of the places they gave the occupancy rates to. I'm having a heck of a problem in getting that information and some other stuff that I'm told, from the past, doesn't exist, when I know it does. So if you could help me with that, I would greatly appreciate it. If you need to meet with me one on one to discuss this, I'll be happy to show you the information of what I need. Emilio T. Gonzalez (City Manager): Thank you, sir. Commissioner Carollo: And this has got, you know, no bearing on the Chief or Assistant Chief. Mr. Gonzalez: No, no. Commissioner Carollo: They behaved themselves very professionally, and I appreciate that, like I said a couple of meetings back, but I'm not getting the information. I don't know if it's not going to the Fire Department and it's going somewhere else and someone else is taking care of it, but -- Mr. Gonzalez: Sir, thank you for bringing that up. It is my understanding that the only outstanding public record request is one that came in yesterday. Our Public -- Commissioner Carollo: Not so. Mr. Gonzalez: -- Records Office has -- there have been 16 public records requests, and we -- I am told that they've all been closed, except the one from yesterday, but based on what you said, I'll be glad to listen to you tomorrow. City of Miami Page 222 Printed on 05/03/2019 City Commission Meeting Minutes March 14, 2019 ADJOURNMENT Commissioner Carollo: Mr. Manager, I'll show you, you're not being told the truth. What has happened is that I am given the certificate of occupancy rate, but the backup, which shows what they were basing it on, and some of the things and areas that I've -- places that I asked for it, I'm not getting it. Mr. Gonzalez: Sir, I'll gladly look into this first thing in the morning and get back to you. Commissioner Carollo: And the same thing with other areas that have nothing to do with Fire Marshalls; and permits for construction in different places, I'm not getting anything back, so -- Mr. Gonzalez: Like I said, that's the information I have, but I will -- Commissioner Carollo: Well -- Mr. Gonzalez: -- gladly look into this first thing in the morning and get back to you. Commissioner Carollo: If you would. And I'll be happy to meet with you and show you -- Mr. Gonzalez: Yes, sir. Commissioner Carollo: -- what we have gotten and what we haven't. Mr. Gonzalez: Yes, sir. Happy to do so. Commissioner Carollo: Thank you. Gentlemen, thank you. Vice Chair Gort: Motion to adjourn. Chair Russell: Thank you. The meeting adjourned at 7:51 p.m. City of Miami Page 223 Printed on 05/03/2019