HomeMy WebLinkAboutCC 2019-10-10 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Minutes
Thursday, October 10, 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 October 10, 2019
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes and
Commissioner Hardemon.
On the l oth day of October 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 9:09 a.m.,
recessed at 1: 06 p.m., reconvened at 1:31 p.m., and adjourned at 2:56 p.m.
Note for the Record: Commissioner Hardemon entered the Commission chambers at 9:12
a.m., and Commissioner Carollo entered the Commission chambers at 9:47 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. Good morning. Welcome to the
October 10, 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, the Vice Chair; and me, Ken Russell, your
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 Vice Chairman Gort, and the pledge of allegiance, led by
Commissioner Reyes. Please stand.
(Invocation and pledge of allegiance delivered)
Chair Russell: Thank you very much. You may be seated.
PART A - NON -PLANNING AND ZONING ITEM(S)
PR - PRESENTATIONS AND PROCLAMATIONS
PR.1 PROTOCOL ITEM
6594
Honoree
Presenter
Protocol Item
Isabel Bucaram
Mayor & Commissioner Gort
Proclamation
Christine Long
Mayor
Certificate of Merit
Julio Balsera
Mayor
Moment of Silence
RESU LT:
PRESENTED
1) Mayor Suarez and Commissioners recognized and presented a Proclamation to Ms. Isabel
Bucaram. Ms. Bucaram works in conjunction with CNN's (Cable News Network) corporate
communications department, and CNN in Spanish, providing the latest, complete, and
persuasive information on marketing, events, politics, international relations, advertising,
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Meeting Minutes October 10, 2019
presidential summits and entertainment news. Ms. Bucaram is the advisor to CNN's executive
team for campaigning, research, and daily editorial planning. Ms. Bucaram is the main link
between the channel and Turner Marketing Group, to ensure an important positioning in
Hispanic media in the United States. Ms. Bucaram has been awarded numerous recognitions,
including, being named Miami's most influential Latina woman in the book 100 Latinos
Miami. The Elected Leadership paused in their deliberations of governance to pay tribute
and celebrate the many accomplishments of Ms. Bucaram and thereby, proclaimed Thursday,
October 10, 2019, as `Isabel Bucaram Day" in the City ofMiami.
2) Mayor Suarez and Commissioners recognized Ms. Christine Long presenting her with a
Certificate of Merit. Ms. Long was recognized for her service in representing the best
qualities of the City of Miami Human Services Department. Ms. Long has been a child care
administrator for over 12 years and has exhibited hard work, ethics, and continued
dedication. The City of Miami Elected Leadership paid tribute and commended Ms. Long and
thanked her for elevating the quality of life in the City of Miami.
3) Mayor Suarez dedicated a Moment of Silence for the late Mr. Julio Balsera. Mr. Balsera, a
Cuban activist was a dedicated businessman in the City of Miami. He was the founder of the
Balsera School Bus Service, which served many kids in the City of Miami.
Chair Russell: We'll now have our presentations and proclamations. Thank you.
(Presentations and proclamations made)
AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
AM.1 City Commission - Regular Meeting - Jul 11, 2019 9:00 AM
ORDER OF THE DAY
MOTION TO: Approve
RESULT: APPROVED
MOVER: Keon Hardemon, Commissioner
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Russell, Gort, Hardemon
ABSENT: Carollo, Reyes
Chair Russell: Can we get an approval of the minutes from July 11, 2019? Is there
a motion for that? Moved by Commissioner Hardemon; seconded by the Vice Chair.
Any further comments? All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes.
Chair Russell: If the City Attorney could read the procedures for the meeting, and
we will prepare for the presentations and proclamations. Thank you.
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Barnaby Min (Deputy City Attorney): Thank you, Mr. Chair. Any person who is a
lobbyist, pursuant to Chapter 2, Article 6 of the City Code, 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 of cial,
board member, or staff member until registering. A copy of the Code section about
lobbyists is available at the City Clerk's Office, or online at municode.com. 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 the City Code section is available at the Office of
the City Clerk, or online at municode.com. Pursuant to the City Charter, the Mayor
may veto certain items approved by the City Commission within 10 calendar days
following the Commission action. The material for each item on the agenda is
available during business hours at the City Clerk's Office and online 24 hours a day
at miamigov.com. 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 first state his or her name, his or
her address, and what item will be spoken about. A copy of the agenda item titles
will be available at the City Clerk's Office and at the podium for your ease of
reference. Anyone wishing to appeal any decision 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 miamigov.com. No cell phones or other noise -making devices are permitted in
the Commission 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 the Commission chambers. Any person with disability requiring
assistance, auxiliary aids and services for this meeting may notify the City Clerk.
The lunch recess will begin at the conclusion of the deliberation of the agenda item
being considered at noon. The meeting will end either at the conclusion of the
deliberation of the agenda item being considered at 10 p.m., or at the conclusion of
the regularly scheduled agenda, whichever occurs first. This rule does not apply
when the City Commission is engaged in ties -- in annual budget hearings. Please
note, Commissioners have generally been briefed by City staff and the City Attorney
on items on the agenda today. At this time -- Thank you, Mr. Chairman.
Chair Russell: Thank you.
Later...
Chair Russell: Let's move to the order of the day, Mr. Manager.
Mayor Francis Suarez: Mr. Chair, if I may?
Chair Russell: Yes, Mr. Mayor.
Mayor Suarez: After the Manager.
Emilio T. Gonzalez (City Manager): You want to --?
Mayor Suarez: No, no, go ahead.
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Mr. Gonzalez: Good morning, Mr. Chairman, Mr. Vice Chairman, Commissioners,
Madam City Attorney, and Mr. Clerk. At this time, the Administration would like to
defer and/or withdraw the following items: To be deferred to November 21, PH.2,
which is the right-of-way access for Illumination Technologies; to be deferred,
FR.5, Maurice A. Ferre Park Conservancy; and to be withdrawn --
Mayor Suarez: May Ion FR.5?
Chair Russell: Do we have a date, please, for FR.5?
Mayor Suarez: I've always -- so I have a question for the Clerk and maybe for the
City Attorney. If we defer it, could we bring it back as a different item, or does it
have to be withdrawn?
Todd B. Hannon (City Clerk): You mean you want to -- you would like to make
changes to the item?
Mayor Suarez: It might even come out as a different item, completely.
Mr. Hannon: Probably best to withdraw it if there's going to be substantive
changes.
Mayor Suarez: Yeah. Okay. I think it's better to withdraw it.
Chair Russell: There -- the other option would be, if I may suggest, an indefinite
deferral, which leaves all options on the table. It could be brought back at any time
before then; or a substitution. A new item could be brought, and this one could
then be withdrawn.
Mayor Suarez: Yeah, that's fine.
Chair Russell: Yeah?
Mayor Suarez: Indefinite deferral sounds fine.
Chair Russell: That way, in case there's elements of this one you want to preserve
or choose to go that direction --
Mayor Suarez: Sure.
Mr. Gonzalez: Yes, sir.
Chair Russell: -- at least --
Mayor Suarez: I just want to make sure that -- I know that the next agenda is
loaded up, so, you know, we'll --
Chair Russell: I agree.
Mayor Suarez: -- probably be bringing up --
Unidentified Speaker: Withdraw it.
Mayor Suarez: -- something in the place of that.
Chair Russell: Understood. The thing is, when you withdraw this item from this
agenda, that sends a message --
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Mayor Suarez: That's fine.
Chair Russell: -- that may be misinterpreted.
Mayor Suarez: I'm fine. I'm fine with the indefinite --
Mr. Gonzalez: FR.5, indefinitely deferred; and to be withdrawn, DI. 4, discussion
on the Office of Capital Improvements. That's all I had, Mr. Chairman.
Chair Russell: DI.4 is to be withdrawn?
Mr. Gonzalez: Withdrawn; yes, sir.
Chair Russell: Okay.
Commissioner Reyes: Mr. Chair?
Chair Russell: Yes, Mr. -- Commissioner Reyes; microphone, please.
Commissioner Reyes: I would like to ask you for the -- to defer CA.6, Historic
Agreement, indefinite deferral. I was supposed to receive some information, and I
never received it. And also, defer to November 21 meeting, PH.2.
Chair Russell: PH (Public Hearing) -- that's already been mentioned; the 21 st.
Commissioner Reyes: Okay.
Chair Russell: Yes. And so, your date for CA.6, you'd like?
Commissioner Reyes: What?
Chair Russell: CA.6, the Historic.
Commissioner Reyes: Indefinite deferral.
Chair Russell: Indefinite.
Commissioner Reyes: Yes, sir.
Chair Russell: Is there any time sensitivity on that issue from the Administration?
Mr. Gonzalez: We're good, sir.
Chair Russell: Thank you very much. Thank you, Commissioner. Are there any
other items that the Commission --
Commissioner Reyes: Also --
Chair Russell: Yes, Commissioner.
Commissioner Reyes: -- there is a -- I'll take this opportunity. I would like to co-
sponsor RE. 6, (UNINTELLIGIBLE). It is the School Board legislative priority.
Chair Russell: Is there a time sensitivity on that with regard to supporting it for the
session?
Mayor Suarez: No, I think we have time with the legislative session.
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Commissioner Reyes: I -- just being a teacher, I just want to be on the right side.
Mayor Suarez: That's fine. Yeah, I think we have time with the legislative session.
Chair Russell: He -- oh, did you say, "co-sponsor, " or you said, "defer"?
Commissioner Reyes: Co-sponsor.
Chair Russell: I apologize.
Mayor Suarez: Oh, "co-sponsor." I'm sorry. I misunderstood.
Commissioner Reyes: I'm sorry. It's that -- maybe I didn't do my exercises.
Mayor Suarez: Who, me? I haven't had coffee in 50 days.
Chair Russell: Got it; understood. Are there any other items that the
Commissioners would like to defer? And if you'd like to co-sponsor any other
items, this is a good time, actually, so the Clerk could just note all of them if there's
any things the Commissioners would like to support. I will be sponsoring RE.3,
RE.4, and RE.5.
Mayor Suarez: I'll do that, as well.
Chair Russell: Those are the environmental recommendations from the Sea Level
Rise Committee that we'll be discussing today.
Mayor Suarez: I'll do that, as well.
Commissioner Reyes: Mr. Chair?
Chair Russell: Yes, sir.
Commissioner Reyes: I also want to inform that we have a pocket item that will be
presented.
Chair Russell: Thank you. Is it ready to be circulated?
Commissioner Reyes: It is; it's ready to be circulated.
Chair Russell: That's very helpful. At the beginning of the day, I need pocket items
that could be circulated to the Clerk --
Commissioner Reyes: Okay.
Chair Russell: -- and us, and also to the public, so the press can see it, as well.
Commissioner Reyes: I got you.
Chair Russell: So as soon as that's ready, if you could hand that out. Thank you.
And we'll take that up in due time. Are there any other items that Commissioners
would like to see withdrawn, deferred, or continued? Hearing none. Is there any
comment from the public on this order of the day; simply, the deferrals of these
items, on the timeliness item -- of these items? Seeing none, I'll close public
comment. If there's no further discussion, all in favor, say "aye."
The Commission (Collectively): Aye.
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Chair Russell: Any opposed? Motion passes for the order of the day. Thank you
very much. Do we have a good goal of getting out by lunchtime?
Mayor Suarez: Sure.
Chair Russell: Knock on wood. All right. Thank you.
Mayor Suarez: Yeah, exactly. Don't jinx it.
PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S)
Chair Russell: Well, with that in mind, I'd like to encourage our body to work
together in an orderly way; if you could speak through the Chair; and then, when
we take on our own public comments, to try to limit our conversation a little bit, we
can move things along quickly. Try not to repeat ourselves and stay focused, and
I'll help try to guide us, but thank you. Mr. Mayor, would you like to address the
body?
Mayor Francis Suarez: Yes. Thank you, Mr. Chair. Miami's strength -- my
message for today is Miami's strength rests on its diversity. When we celebrate that
diversity, we become a stronger, richer, and more resilient community; in a phrase,
Martin Luther King's beloved society. That is why I'm asking the Commission to
approve CA.5, which endorses the HEP (Historic & Environmental Preservation
Board) Board's historic recognition and preservation of the Black Police Precinct
and Courthouse, as a significant and valued part of Miami's history and heritage of
racial diversity; one that especially includes African Americans, Bahamian
Americans, and all people of color who have contributed to our Magic City.
Miami's diversity has also made it a global city, attracting new talent, new
industries, and new high paying jobs. Miami now competes with New York,
London, Hong Kong, for the new high paying jobs and new businesses from fintech
to medical services to global education. To ensure that Miami remains competitive,
I ask you to support SR.1, which renames and refocuses the Miami's International
Council to the Mayor's Council on Global Competitiveness. This change will focus
the council's work on attracting the new jobs and new talent to Miami while
opening new markets and new investments for Miami's entrepreneurs. It will also
affirm a key element of the original intent of the committee; to promote jobs,
investments, and high -value industries. Building a more resilient Miami is both
good policy for our residents, and good business for our entrepreneurs; that is why
I'm asking the Commission to approve RE.3, 4, and 5, which the Chair and I have
both co -sponsored, which encourages the Florida Public Service Commission to set
meaningful energy -efficient goals; urges Congress to pass the Energy Innovation
and Carbon Dividend Tax -- Act -- of 2019, and instructs the City Manager to
provide guidelines to encourage existing commercial and multi family buildings
within the urban core of Miami to become more resilient. Energy efficiency means
energy independence. And energy independence makes us more resilient and more
secure in the face of mega storms and increasing flooding. Thank you, Mr.
Chairman.
Chair Russell: Thank you very much, Mr. Mayor.
Mayor Suarez: Can we take those items?
Chair Russell: 3, 4, and 5?
Mayor Suarez: All of them; it's CA.5, SR.1; and 3, 4, and 5, RE.3, 4, and 5.
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Chair Russell: We can. I would need to open the floor for public comment on each
of those items, if you'd like -- if you prefer to run them now, that's fine with me.
Mayor Suarez: Yeah.
Chair Russell: All right. Now we'll move to public comment. I apologize for those
of you who have waited; appreciate the Vice Chairman catching the error. So
anyone who'd like to speak on any of the remaining items on the agenda only,
please. Please give us your name, the item you'd like to speak on. You do not need
to give your address. You'll have two minutes. You'll hear a little beep at the 30-
second point, which will be about the time to start wrapping it up.
Juan Cuba: Great.
Chair Russell: Good morning, Mr. Cuba.
Mr. Cuba: Hello, Commissioners. My name is Juan Cuba, and I'm here to speak in
opposition to SR. 6, which is lifetime pensions for politicians. Let me start by saying
that I believe that the work that you all do is incredibly important, and that you
should be well compensated for that work. And I believe, especially compared to
other municipalities in South Florida, you are -- $100, 000 in salaries and benefits
seems like a good compensation. I'm sure many would agree. But I'm really
disturbed by this effort to vote to give yourselves lifetime pensions on -- annually,
$50, 000 as a baseline, and some of you would even be making $80, 000 or more.
People have to work their entire lives to save up for retirement, and some -- and
many of them don't even make it, right? They're living off Social Security. They're
taking part-time jobs to work at a grocery store to try to make ends meet. But
you're -- what you're trying to do here is after seven years of what is -- after seven
years of public service, you want to vote to give yourselves lifetime pensions. I
think that's completely unfair. I think taxpayers would be very disturbed by that. I
also think if you compare to how other cities and municipalities handle this in South
Florida, they don't have such a sweet deal that you're trying to give yourselves
here. They're paying into the FRS (Florida Retirement System) system, and they're
contributing money. You're not contributing anything under the system that you
want to implement right now. And the other disturbing part is that you won't -- you
don't even have to complete two terms. You don't even have to make it to eight
years. Why seven years? That seems to me incredibly unfair. I think taxpayers
would be insulted if they really knew what was going on today. So I urge you all to
vote this down. And if -- yeah, there are many other systems that you can do where
you're contributing dollars into your retirement, like everyone else that works in the
City of Miami. And so, thank you very much for your time.
Chair Russell: Thank you for your comments. Morning, Mr. Fried.
Jim Fried: Good morning. Good morning, Commissioners. Jim Fried, 555
Northeast 34th Street. Please vote "no" on SR.6. This item granting extremely
large pension plans to elected officials needs more work. Many people complain
about the incredible income disparity in Miami. This item forces City officials to
increase taxes and fees on citizens while providing lottery -winning type benefits to
elected officials. Please vote "no" on SR. 6. Thank you so much for your time
today.
Chair Russell: Thank you for your comment. Good morning, Ms. Holmes.
Renita Holmes: Good morning. Good morning, Chairman and Commissioners.
I'm Madam Renita Holmes, Executive Director of Wave of Women and several
other programs located in District 5, and throughout the City of Miami, Miami -
Dade County. I'm here in regards to three items, which are relative, believe it or
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not, but primarily to SR.2 and CA.3. It's my concern regarding the Camillus House.
I'd like to thank you, first of all, for continuing that, and let you know that
emergency beds are needed. But I wanted to really say that this effort will help us
with what is continuing to be a spiraling increase in the number of women that are
sexually assaulted, that are underreported in District 5 and in the City of Miami's
inner city community. Working with the Dignity Florida Campaign under many of
the other Senators which are within the same district, we're trying to deal with the
formerly incarcerated women and girls. Unfortunately, what we're having is an
epidemic that is now being observed and datarized [sic], of inmates, women that
are arrested for fighting back from sexual assault, and girls. Primarily of interest
are those of LGBQT (lesbian, gay, bisexual, questionable, transgender). And so,
my question is on CA.3, out of those 75 beds -- which was a question a while back
when they initiated it -- how many of those beds are really utilized for those persons
of special needs or special categories of LGBQT? I say that, because then I
reference to SR.2. And I asked you last meeting that I was here about changing
things. And I got to give you great accolades -- and the City Manager, also -- for
consolidating this, because there are those overlapping issues. I say this, because a
number of us that are doing Dignity Florida and Reform Her, which is a great
success now in 48 states that primarily have cities that have issues with women --
particularly, this Sister City -- with the way that we not deal with single women that
are now the ones that are homeless. And consolidating all the wraparound services
and department will help us discontinue some of the holes that we end up falling in,
the increase in the number of inmates that are now being arrested, and the lack of
relationship, as well as our issue of wondering why women are being jailed for
fighting back and victims of rape and sexual assault are now being jailed, and why
young LGBQT are now increasing. The number of arrests of those elderly lambda
citizens and taxpayers, the number of those homeless youth that are LGBT is
outstanding. And I refer you to Survivors Pathway, and those of us who have a
partnership that are addressing this in response. So without, you know, getting into
a lot of chatter, we do have that, but it's spiraling. It's almost spiraled about 200
percent since last month if you really want to know, and I'm just calling for help.
So I got to thank you for doing that. And my question on SR.2 is, what will be the
way that this committee reports? How often will it report on the impact and the
plans, goals, and strategy to deal with this issue? We now are overlapping, but we
have not overlapped with the County, and I'll close with that. We now know that
while we're building housing, or we have a lack of affordable housing, we also do
not have housing with social services wrapped around. And so, the holes get bigger
for women who are victims and girls who are victims of sexual assault. Lotus
House and other plans -- the HAC (Homeless Assistance Center) now -- to place
families first leave a lot of women, veteran, LGBQT, and young out. And I'll tell
you, I'm overridden with that. You can look in my face and see that I'm distressed
with the workforce, because there's a lack of resources to respond for that. The last
speaker spoke about how we respond. And how we respond should be fairly and
proportionately to the --
Chair Russell: Thank you.
Ms. Holmes: -- situation and epidemic. Thank you so much.
Chair Russell: Thank you. I will ask the Administration when we take up SR.2 to
give us the reporting schedule for that board --
Ms. Holmes: Thank you.
Chair Russell: -- and I really appreciate your bringing attention to the homeless
LGBTQ --
Ms. Holmes: Again, thank you all for --
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Chair Russell: -- youth issue.
Ms. Holmes: -- not having pressing that default button in response to something
that's been ongoing and that we need to deal with in our city. Thank you.
Chair Russell: Yes. Unfortunately, I don't believe we can reserve beds by any
sexual orientation, but I guarantee you, the number of homeless gay youth is going
up and up, and hopefully, those beds will be utilized.
Ms. Holmes: And I love that. Just in response, though, we do have emergency
shelters and we are letting certain properties go, and there are service providers,
such as ourselves that are collaborative; unfortunately, only with the churches to
deal with --
Chair Russell: Thank you.
Ms. Holmes: -- this specific issue.
Chair Russell: Thank you very much, Madam Holmes.
Ms. Holmes: I think on consent degree [sic] on the Homeless Trust and the rest
with Pottinger would say that we do have to deal with --
Chair Russell: Thank you.
Ms. Homes: -- the way we deal with people, we arrest more lesbian, gays, and
young LGBQT than anyone else. Thank you, sir.
Chair Russell: Thank you. I appreciate your comments. Good morning.
William Arthur, IV: Good morning, Chair, Commission, Mr. Mayor. I'd like to
speak regarding Consent Agenda Item 6.
Chair Russell: Yes. Please go ahead.
Mr. Arthur: Okay. My name's William Arthur, at 2920 Ponce de Leon Boulevard.
I'm a architect, a -- with a historic preservation background. My office submits
probably about 50 building permit applications to the City every year. The item is
to extend a programmatic agreement with the State an additional five years. I don't
think anyone is in opposition to that. What's really important to mention today is
that there's a significant change in the wording of that agreement; specifically, that
a survey, site plan, photos, elevations, and evidence of construction date are being
omitted from the documentation standards. If you refer to Section 2, Part "C" of
the previous agreement, these were all documentation that was required. My
concern is, in having a unique perspective of being an architect working in Miami,
is that that will have a significant downfall and unintended consequence, the likes
of which the City's probably never have seen before.
Chair Russell: Thank you for your comments. We have indefinitely deferred CA. 6,
which means it'll come back in six months or earlier, if requested. But if any
Commissioners are interested in the changes you've talked about, they can get
briefed by the Administration.
Mr. Arthur: Thank you.
Chair Russell: I appreciate it. Good morning.
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Gloria Romero Rosas: Good morning. My name is Gloria Romero Rosas. Thank
you for the opportunity to speak today. I'm a resident and a business owner here in
the City of Miami, and I'd like to encourage you to please support a resolution
favoring the ridership concept that was presented today by Transit Alliance Miami.
As a resident, I wish to encourage that this resolution would actually provide more
freedom for our residents and our business owners. As a business owner, I'm
concerned that I don't always have staff that can afford to have a vehicle, and they
rely on public transportation. As a taxpayer, I'm concerned to see that in the
analysis done by Transit Alliance Miami in evaluating our current routes -- not just
the bus, but also, the trolleys -- that there is a significant amount of duplication, so
we could actually be better stewards of our existing taxpayer resources by having a
proper alignment of trolleys to not be duplicative of bus lines, and that would, in
essence, provide us greater service to the extent that it will allocate those resources
accordingly. Urgency. You know, I think that there's a lot on the table. You all
have a very full agenda. This is one very simple thing that you can do today that
can be incredibly impactful for the coordination that we have to have for our
residents and for our employees. So please do not defer this item. Please make
your resolution favoring the ridership concept go to the County Commission so that
we can continue on this path that was begun in October of last year for the purpose
of creating a better bus system. Thank you so much.
Chair Russell: Thank you very much. Good morning, sir.
Troy Taylor: Good morning, Commissioners and -- excuse me -- Mayor Suarez.
My name is Troy Taylor. I am the President of the Riverfront Master Association.
We have 1,500 condo units, and we represent about $15 million ofproperty taxes to
the City of Miami on an annual basis, and we're only 50 percent built out. I'd be a -
- it would be a dereliction of my duty if I did not come here this morning to voice
our alarming concern with respect to the growing demand -- the growing homeless
situation in and around the City of Miami, and specifically in our area. As a direct
result of that, our residents have been subjected to physical attacks, up to and
including infiltration into our parking garage where they were theft -- vandalism
and theft of devices, up to and including a firearm. And in addition, we are also
subject to having to navigate through biohazards in the form of human feces, urine,
blood, and semen as we walk in and out of our neighborhood. We've liaised with
the Chief of Police; we've liaised with the downtown neighborhood authorities, and
we are seeing some success within our community, but as the old saying goes, "No
man's an island" We need to see the same amount of vigilance and support in the
surrounding areas. We need to -- a comprehensive solution. I understand that this
situation is complex, and I appreciate that. But instead of the current situation
where we're playing somewhat of a whack -a -mole in the sense that we're moving
the homeless from one location to another location, depending on the loudest voice
of a community or a business owner is not solving the issue, so I am in here
supporting C3 [sic] and C4 [sic], but I would say that it's not enough.
Chair Russell: Thank you very much. And that's half a million dollars going
towards 75 beds and a day program. Thank you for your advocacy. Good
morning, sir.
Sergio Villalobos: Good morning. My name is Sergio Villalobos. I live in District
2, and I'm here to support the Transit Alliance's Better Bus Project ridership
concept. As a lifelong Miami resident, living the last two years in Miami without a
car, relying on the Metrorail, trolleys and car -sharing services, I'm in favor of
redesigning the trolleys with the County bus system. I don't find the trolleys very
useful today, because they don't arrive as often, and sometimes they don't run on
weekends. I would like to see the more frequent service for the trolleys that are
more direct. A realignment of the networks could fix this. The product has the
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potential to improve the life of Miamians by improving access to frequent and direct
transit. I am glad to finally see the City and County redesigning the project
together, rather than separately, and I ask that you support the Better Bus Project
ridership concept. Thank you.
Chair Russell: Thank you very much. Morning, Mr. Kurland. You have some
levity for us?
Nathan Kurland: Absolutely, Commissioner. Nathan Kurland. Commissioners,
students from Key Point, members of the public, I'd like to start by asking a
question. What do you call someone with no nose and no body? And the answer is
"Nobody knows." And I have other questions to put before you. Why do
Commissioners feel that they have a right to a pension for a part-time job; not
authorized by Section 37 of the Charter? Nobody knows. Why are Commissioners
intending to create a pension based on twice their salary? Nobody knows. Why
aren't Commissioners' pensions a referendum issue, letting the public decide?
Nobody knows. Why are Commissioners even entertaining a pension after only six
years in office? Nobody knows. Why are Commissioners who do not even show the
public the courtesy of attending public comment even eligible for a pension?
Nobody knows. And finally, after a year of giving away public land, conducting
personal vendettas from the podium, and destructively dipping into each other's
districts, what could possibly convince you that any member of the public believes
your behavior should be rewarded with a lifetime gift? And the answer is,
absolutely nobody knows. Thank you.
Chair Russell: Thank you, Mr. Kurland. Good morning.
Rebecca Pelham: Good morning. My name is Rebecca Pelham, and I am here to
address SR.6. I serve as Executive Director of Engage Miami, and I am speaking
here today for multiple members who are unable to attend due to school or work,
regarding SR.6. Engage Miami, we are young people in Miami who believe in civic
engagement, believe in getting involved, and want the best for our city. SR.6, it
seems to raise some red flags as to the intent. I believe that a lot of young people
really believe that we need to restore public trust in order to increase the civic
engagement and the ability to interact effectively, and part of that is understanding
that your public officials are being equitably compensated, which we are very much
in support of. Equitable compensation means that public officials do not need to
have their own wealth in order to serve, and that is incredibly important. However,
a lifetime pension is different than that, especially after only seven years. Other
City employees contribute to pension plans, and I wish everyone much longevity
and good health, but this could mean that these lifetime pensions have huge
payouts. And I also want to make sure that as we are thinking about future
recessions, which might be quite close down the road, considering some of the
economic tidings that are going on that we are setting our City up for financial
longevity, as well. While I have a few minutes here, I also want to speak briefly to
an item coming up relating to Illumination Technologies, and adding surveillance
poles in Coral Way and Little Havana. I'm very concerned about the surveillance
of our residents and visitors. There seems to be no restrictions on data use, and if
they are willing to put in these poles for free, then it is very likely that they are
profiting on the data of our residents, and that is very concerning. So thank you for
your attention and for your service.
Chair Russell: Thank you.
Commissioner Carollo: Mr. --
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Chair Russell: That item has been deferred until November 21. Commissioner
Carollo, would you like to speak?
Commissioner Carollo: Yes, Mr. Chairman. She mentioned seven years. That guy
that was up here before that nobody knows said six years. Which is it; is it six years
or seven years?
Chair Russell: Let's take -- can we take it up during the item? Because we'll be --
I'm -- it sounds like we'll be dealing with it pretty early, because you wanted it --
Commissioner Carollo: It's a minor question. Mr. Manager, is it six years or seven
years?
Chair Russell: We'll defer to the City Attorney.
Commissioner Carollo: Mr. Manager?
Emilio T. Gonzalez (City Manager): It's actually both, depending on the situation,
but we could -- I'll get you the detailed information.
Commissioner Carollo: Actually both?
Mr. Gonzalez: Six years or seven years.
Chair Russell: With respect to the residents, I'd love to --
Unidentified Speaker: Depends on the --
Chair Russell: -- unless we have a clear answer very quickly, let's finish with --
Commissioner Carollo: Well --
Mr. Gonzalez: I'll get you that.
Chair Russell: -- resident comment.
Commissioner Carollo: -- he said --
Chair Russell: When the item comes up, we can address it deeply.
Commissioner Carollo: -- it's both, so we'll take it when it comes up.
Chair Russell: Got it. Thank you very much. Thank you for your comments. Good
morning.
Allan Yepez: Good morning, everybody. My name is Allan Yepez. I'm the Property
Manager for the Riverfront Master Association. For the past three months, I've
been working with Miami City officials in regards to the homeless issue that we've
been having. And so, I just want to make a comment that I'm here in support of
CA.3 and CA.4, but I do not believe that it is enough to combat the issue that's been
increasing over the past couple of years. And as mentioned by the President of the
Master Association, we've had physical attacks on our property, burglary; I mean,
it's just been increasing issues that have now subsided a little bit due to the fact that
we partnered with the Commander of the Downtown NET (Neighborhood
Enhancement Team), and they've created a watch order for our property. But after
speaking with Camillus House and knowing that there is the ability to offer more
resources for supporting, trying to help with the issues here, I just believe that we
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need to start focusing on maybe increasing or finding a way to creatively increase
the funding, and hopefully get more help for these people on the street.
Chair Russell: Thank you very much for your comments. Good morning.
Allain McGaffie: Good morning. My name is Allain McGaffie.
Chair Russell: Would you lift the microphone, please.
Mr. McGaffie: Sorry. My name is Allain McGaffie. Basically, I'm here to actually
try to beg Mr. Keon, basically, to actually start a beautification committee.
Basically, recently, I spoke to him. I actually emailed him three month -- three
weeks ago regarding the garbage that's in Little Haiti that's pretty much in every
street. There's like a pile of garbage that's being dumped there. I actually met with
him in person three weeks ago about that. I showed him the pictures and the streets
where all the garbage are, and since then, nothing has been done. I actually took
pictures of the garbage that's in that location; I emailed it to him. I even emailed it
to the Mayor. And I -- they told me to contact Solid Waste Management; contacted
them. They said they would actually con -- get in touch with me. Two weeks later,
nothing -- it's that the garbage is actually still there. It's actually -- in almost every
street that you turn to, there's a pile of garbage. Like if you want to -- like from
66th Street, this gar -- that's -- pretty much every time I drive around. I'm not sure
if these people actually live in that location, but every street you turn, there's a pile
of garbage. My main question is, what is being done for that area?
Chair Russell: It's an illegal dumping situation, apparently.
Mr. McGaffie: Exactly.
Chair Russell: Is that an agenda item that you're addressing, specifically?
Mr. McGaffie: No. Basically, when I actually ask a question about it, what they
said is that they're currently working on it to fix it, and I've got answers such as,
"It's happening everywhere in Miami," and -- which is not true, because I travel --
pretty much, the pictures you've seen here is me driving around and taking the
pictures in every street. It's like graffiti is everywhere. There's garbage dumped
everywhere. When I drive to other town near that location, it's not there. So why
does it happen only in Little Haiti and not in the town -- neighborhood towns?
Chair Russell: Thank you.
Mr. McGaffie: Why?
Chair Russell: It's -- clearly, it's not everywhere, but it is in a lot of other parts of
the City. We do have illegal dumping issues, and we are addressing them to the
best we can at this moment.
Mr. McGaffie: Understood.
Chair Russell: Commissioner Carollo.
Commissioner Carollo: Yeah. I'm going to tell you, first of all, it's happening in
other areas outside of Little Haiti. It's happening in the poorer areas of the City of
Miami, where residents, like in Little Havana, Little Haiti, in some cases don't have
a good command of the English language, don't understand where they can go and
complain, like residents here in Coconut Grove or the Roads section, for instance;
in my district and other more wealthy areas of Miami. And so, to answer your first
question, it's happening in other areas. It's happening in the poorer areas of our
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City. Now, why do you take pictures like this and nobody does anything? The
pictures that you're taking are pictures that we take every week in Little Havana, in
my district. I send people out, and we have it in Little Havana, in my district.
Where the Manager lives, in the Roads, you don't see that, because it's a wealthier
area. If the Manager, members of this Administration would bother to go through
Little Havana on a daily basis, Little Haiti, some of the other poor areas, and give a
hoot, this wouldn't be happening. But because it's happening to people that either
don't know how or don't have the ability to come and complain, you let it happen.
And this is one of the biggest problems I'm having in this city and with this
Administration.
Mr. McGaffie: Exactly.
Chair Russell: Thank you, Commissioner. I'd like to move on. What I'd like to do
is address you. I really appreciate your bringing this to our attention. It is a
rampant problem throughout the City in all districts; some more than others, but we
have an illegal dumping problem. Enforcement is very difficult; catching is very
difficult. But what you're pointing out is the cleanup, when it's been noticed and
addressed. And so, I'd really like to have the Solid Waste Department work with
you on those very specific spots so we can get those knocked out immediately. And
then --
Commissioner Reyes: Mr. Chairman.
Chair Russell: -- if they could work -- if you could work together with the
Administration.
Commissioner Reyes: -- through the Chair.
Chair Russell: Commissioner Reyes, of course.
Commissioner Reyes: I agree with Commissioner Carollo. This is a City problem,
and I have it in my district, and we are very -- I mean, very alert every time that we
get all this dumping, and we try to get them to fix it. But we have addressed this
issue before, and as I recall, we were going to start, Mr. Manager, a program, an
educational program with the Solid Waste Department in order to let people know
that what they're doing, because Commissioner Carollo has a good, valid point;
some people, they don't know if it is legal, when to bring the trash out and when not
to bring it. And that educational program, I haven't seen it started yet; not in my
district, because we were going to go house to house and let people know what it
was.
Chair Russell: Thank you very much. Our Solid Waste Director is meeting with the
gentleman and will be able to start addressing those specific points. Vice
Chairman, and then Commissioner Hardemon.
Vice Chair Gort: I'd like to explain to the gentleman that it takes place everywhere.
One of the things I've done, I've worked very closely with the department, Solid
Waste Department, to get the Cleanup Miami Campaign, which began three years
ago, where we have the notice to all the residents within the area. At the same time,
we know where it takes place. Unfortunately, a lot of the times, it's -- dumping is
being done by the residents that live there. If they work somewhere else, they bring
the trash and they dump it in their neighborhood. And the thing is that we're so
good in picking those things up that that's why it makes it so easy for them to.
There's nothing like enforcement. Enforcement -- unless people have to pay a
penalty for illegal dumping, then they continue to do so, because we clean them up
right away.
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Chair Russell: Thank you. Commissioner Hardemon, and then I'd like to move on
from the non -agenda items.
Commissioner Hardemon: Thank you very much. Because the item is -- has been
labeled as a Little Haiti problem, I just want to make a comment about it. It is not a
Little Haiti problem. And, you know, when you see pictures, pictures show you that
there's trash on the street, true, but the picture does not show you the -- necessarily
the date that the trash was there, or the date that the trash was picked up. And so,
the one thing I will say is that Solid Waste goes out each and every week, and they
clear the City of trash in our community. Now, on the day they pick it up, more
trash is put there. And to highlight what the Vice Chairman has said, I live in a
neighborhood where there was a significant amount of dumping that was done on
the swale that is next to my home. And what I found was that it was the individuals
that lived across the street from me that was putting it there; that consistently put it
there. And when I had conversation with them, what they told me was that that was
the dump. And I tried to explain to them that anywhere you put trash on the swale,
the good people in the City of Miami will pick it up, and that space is not a dump.
And if they wanted to put something out, I told them the proper way to put it out and
where to put it, which is on their swale. And so, you know, they -- so the dumping
slowed dramatically, came to an end, and today I haven't had illegal dumping ever
since. And so, I'm saying that to say the -- I think it certainly is an education issue,
because a lot of people who live in areas where they don't have -- they don't see
value in their neighborhood throw trash on the street. And many times, they throw
bulk pieces of trash on the street on whatever day they choose to. And so, wherever
you are, though, they -- I think the City of Miami goes and they pick those items up.
I think there's just less frequency in the dumping in other areas. And so, is there
also illegal dumping by people who see a benefit to putting their construction
debris, et cetera, in our neighborhoods? Yes. Right? Because people who live in
those sorts of neighborhoods are less likely to call for enforcement or police on
people who are dumping. But I will tell you, if you are listening to my voice and
you are a member of any of those communities, like I am, it is a felony for someone
who has a business and dumps trash on your streets. And not only will they be
arrested; not only will the trash be removed, but their vehicle will be impounded.
And so, felonies tend to stop people who are trying to conduct business from
committing crimes. And so, I just implore you to utilize that route if you're trying to
make sure that your neighborhood is a beautiful place for you to live.
Chair Russell: Thank you, Commissioner.
Mr. Gonzalez: Mr. Chairman.
Chair Russell: Back to public -- yes, Mr. Manager.
Mr. Gonzalez: Just to address a couple of quick issues, you know, one of the things
-- and I have our Solid Waste Director here -- is illegal dumping is in all
neighborhoods; it's even happened in front of my house, and I live in the Roads.
But, you know, a two-edged --
Chair Russell: Can you stop doing it then?
Mr. Gonzalez: Yeah, I -- no, no. I --
Chair Russell: I'm kidding.
Mr. Gonzalez: -- and I drive around, and when I see illegal dumping anywhere in
the City, I take a picture. I immediately send it to staff. But the fact is, we pick up -
- and somebody said it -- garbage every week, so -- dumping every week. There are
instances, and we have them, where people have come from out of the City and just
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dumped stuff in front of somebody's house, because they know it'll get picked up,
because in their community, they don't pick it up every week. They pick it up maybe
once a month or twice a year. So I'm not saying that's an excuse. What I'm saying
is it's something that -- there are a lot of variables in here that we need to look at.
Education, thanks to the Commission, we're going to buy 50 more cameras.
Commissioner Reyes: Absolutely.
Mr. Gonzalez: We're going to hire more inspectors. We have impounded cars
before.
Chair Russell: Thank you, Mr. Manager.
Mr. Gonzalez: We have arrested people before.
Commissioner Reyes: That's right.
Mr. Gonzalez: But it is incumbent, I think, on all of us to let our community know
that this is just plain wrong, and things will -- bad things will happen to people that
do this.
Chair Russell: Thank you very much. I'd like to --
Vice Chair Gort: Through --
Commissioner Reyes: Mr. Chair, I just want --
Chair Russell: Yes, Commissioner Reyes.
Commissioner Reyes: -- to -- that the Sanitation Department is doing an excellent
job, particular -- I know that they're trying very hard. And we have -- what we have
to do, we have to enforce more; more enforcement, more cameras, and try -- once
we catch them, we should fine them, you see. Give them a big fine. And if we fine
somebody that comes from some other place -- I don't know, but sometime -- and I
guess sometime before, they could lose the vehicle that transported the trash to our
streets.
Mr. Gonzalez: We've impounded vehicles, yes.
Commissioner Reyes: Absolutely.
Chair Russell: Thank you very much. I'd like to move on, please, back to public
comment. Ms. Solares, you'd like to address the body and the City.
Grace Solares: Thank you, Commissioner. Good morning. Before I start, I'd like
to ask -- or confirm. Was the conservancy issue -- I think it's SR (second reading) --
Chair Russell: Indefinitely deferred.
Ms. Solares: Indefinitely.
Chair Russell: So six months, and then working on different models that might
work better that could be brought back for --
Ms. Solares: Okay. Thank you so much. I will not address that. Okay. Grace
Solares, on behalf of Miami Neighborhoods United. I'd like to incorporate by
reference my statements here on July 25, regarding the pension issues, and also
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incorporate by reference as being made part of this agreement, what I introduced
into evidence at the time, which was a copy of your respective W-2 forms. You
cannot give yourselves pension; it's not allowed by the Charter. Section "A," which
is pension funds, tells you that the Commission shall establish a fund or funds for
the relief or pensions for persons on a classified service of the City. So the Charter
mandates you to give the employees of the City in the classified section pension.
And then, on "B," it gives you the ability to give. It gives you the power -- not the
obligation -- to give pensions to the unclassified section of the City; period, end of
story. You do not have the power to grant yourselves pensions; you don't. And if
you are -- I introduced the -- your W-2 forms the last time, because you have wages
in the amount of -- in excess of a hundred thousand dollars. I want to read to you a
copy of what we approved. This is what went on the ballot. That was the official
ballot for the special municipal election of Tuesday, November 4. "Shall the Miami
City Charter be amended to set the salary of the City Commissioners to 60 percent
of the Mayor's salary in effect on July 16, 2003, which is $58,200, to be effective
immediately?" That's what we voted on. We voted on you getting just a salary of
$58,000. The fact that then somebody put in the Code that emolument would be
part of it, it cannot be. You cannot circumvent the Charter of the City of Miami
with verbiage on the Code. The Code has to follow the Charter. So therefore, I'm
asking you not to approve the pension. It is not legal. It will probably give rise to
unnecessary litigation. Of course, we have litigation, a lot of it, coming out of our
ears, and we're the ones who pay for litigation; whether it's in the -- what we pay in
settlements or paying the lawyers if we have to hire outside counsel. This is wrong.
This is wrong. Victoria, this is wrong.
Chair Russell: Thank you. Thank you very much, Ms. Solares. Thank you. Is
there anyone else here for public comment? Good morning.
Joe Simmons, Jr.: Good morning, gentlemen. Joe Simmons, Jr., President of
Sanitation Workers, AFSCME (American Federation of State, County, and
Municipal Employees) Local 871. We're in support of SR.4, 5, and 6; think it's the
right thing to do. When you look out at corporate America, when you see CEOs
(Chief Executive Officers) that have multi -million -dollar settlements and thousands
of workers are out of work, because one person had decided some time ago -- or a
group of people decided to reward one individual for a specific performance --
what you do is commendable. I understand at your level, your lives are under a
magndying glass at every area that most people are not. It's a sacrifice you take;
there has to be some compensation; equal work for equal pay. We're in support of
it, because when we look at -- you look at overall picture, do good unto others as
you want done unto yourselves. And we think it's fair, because at a national level --
When you look at Social Security, Social Security was not established by corporate
America; it was established by the government, and to give people some
compensation that could no longer work, because of their physical or mental
condition. This is just an extension of that; that many sacrifices that we make --
that you guys make in the course of doing what you do for your families. Your
families sacrifice more than anything, and they deserve something. Thank you.
Have a good day.
Chair Russell: Thank you for your comments. Good morning.
Javier Ortiz: Hi. Good morning. My name is Javier Ortiz. I'm the District
Director of the Fraternal Order of Police. Also, I'm the Executive Board Member
representing our Bargaining Unit for the Miami Police Department, Miami
Fraternal Order of Police. I'm here to discuss two items; SR.6, DI.1. I have two
others to defer time. This won't take long at all. To start off I have listened to
some gripes that have been made about me, especially from Commissioner Reyes,
so I just want to let you know that I'm going to do everything in my power to be
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professional and act with decorum. Hopefully, I'll get the same thing back. And if
it's not addressed --
Chair Russell: If we -- if you speak through the Chair, and not directly --
Mr. Ortiz: Sure, no problem, Chair.
Chair Russell: -- to Commissioners, that'll help.
Mr. Ortiz: I'm sorry.
Chair Russell: Thank you.
Mr. Ortiz: Regarding SR.6, the position of the Miami Fraternal Order of Police, as
well as District 6, we are in support of it. And if you don't -- if this is some item that
needs to be discussed some more, I'm sure we can discuss it, regarding our terms
and conditions of employment, and we would love to have you into the Fire and
Police Pension Fund, which we run excellent with our brothers and sisters in Fire.
The other issue that I'm here is regarding DI.1, which was time certain for 11 in the
morning. This is serious, what I'm ready to say; it's not a laughing matter. I'm
going to read this through the Chair in order to stay within time; and again, to stay
within decorum: Commissioner Carollo has made disparaging statements, and is
attempting to halt free speech. He may want to read the First Amendment. Speech
on a matter of public concern done outside the workplace that cause no significant
or material disruption to the department is protected speech, Mr. Carollo.
Accepting awards as some type of war hero and threatening to disarm our Miami
SWAT (Special Weapons and Tactics) Team is something the FOP (Fraternal Order
of Police) views as a concern. Commissioner Carollo at the last meeting made
comments and spoke about my decorum, when at the meeting before, he threatened
me with physical violence. And I didn't hear exactly what he said, because I tune
out people that scream, but there were plenty of employees and just people from the
public that said, apparently, you wanted to take me to your office and beat me. So I
thought that I would turn the negative into a positive. If each Commissioner throws
down a hundred dollars to donate to the Police Athletic League, I'll be more than
happy to have a charity boxing match with Commissioner Carollo. I know what
you're ready to say -- I'm staying within decorum, sir -- or we can set it for another
day.
Chair Russell: The time is actually up.
Mr. Ortiz: I'm sorry?
Chair Russell: The time is actually up.
Mr. Ortiz: I have two other people away. I'm almost done.
Chair Russell: That are meeting -- have you put it on the record?
Mr. Ortiz: Yes. Matthew Reyes, Vice President of Fraternal Order of Police, 710
Southwest 12th Avenue.
Commissioner Carollo: Where is Matt Reyes?
Mr. Ortiz: He's sitting right there. He's a real police officer. Commissioner Reyes,
you asked for evidence that Joe Carollo is a racist. You're going to be provided
with evidence that will be given to you in a moment. Commissioner Carollo has
made statements that the Mayor hires people with a criminal past, and it got me
thinking. I notice your Chief of Staff Jose Suarez is always frowning and trying to
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look mean. The last meeting I was at, he balled up his fist and glared at the City
Manager and the City Government. At Mayor Ferre's funeral, he was taking
photographs of me, as if he was going to intimidate me or the FOP. So the FOP did
a little bit of digging and we spent 30 cents, and got an arrest report. Mr. Carollo,
you take pride in saying you're the only person that associates with people of strong
will character. Maybe you don't even know who you're hanging out with. You're
being handed a letter of concern that's being sent to the Super Bowl Committee that
it appears your Chief of Staff was arrested for being involved in prostitution, and
later went to the deferral program for treatment and to resolve this criminal case.
It'd be great of you to take some action and protect the Super Bowl venue from
those that take advantage of women, and take a real stance against human and sex
trafficking. Thank you.
Commissioner Carollo: Okay.
Chair Russell: That's the end of this -- your statement? Thank you very much. Is
there anyone else here for public comment? I believe you've already spoken.
Lari Ferrell: I spoke. I'm here -- I wanted to speak about the scooters. I didn't
know it was -- it had to be at one time.
Chair Russell: Yes, it's -- please feel free.
Ms. Ferrell: Okay. So as a resident of 1425 --
Chair Russell: Your name again just for the record.
Ms. Ferrell: I'm going to give my name. As a resident of 1425 Brickell Avenue --
my name is Lari Ferrell, and I've been asked to speak to the Commission on behalf
of the 168 units in our building. Although very well -intended, the Scooter Program
has caused incredible disarray around the building on Brickell Avenue, and the
scooters are being left and littered, and sideways. There's no holding bike racks, so
to speak, for them, and they're sprawled all over the street, like litter. And they're
large pieces of litter; they're not small pieces of litter. And several times a day,
many residents have complained to our manager that they have to move them out of
the way; not to mention pedestrians don't have the right-of-way. They come upon
elder pedestrians fast, me included. I know we haven't had an injury or a death,
and it's been a great idea to have this program, but it's not working, and I think it's
been a year. October 11, they passed the resolution for the Scooter Program, and I
think that we would be against extending the program for another four months as
you try to decide about the competitive bid process. It's extremely dangerous.
There's been some closures in San Francisco and Calif -- and Los Angeles. I
thought it was a great idea at the beginning. I mean, kids think they're cool. But
now, I've seen more than one occupant on them, and they're just simply causing a
problem on Brickell. As a District 2 resident, I live there.
Chair Russell: Thank you.
Ms. Ferrell: Thank you so much.
Chair Russell: Thank you very much. Are there any other comments from the
public? Good morning.
Frank Pichel: Good morning. Frank Pichel. I think you guys all know my address.
Sorry I'm late, but I was watching the Commission meeting earlier, and you all
were talking about illegal dumping. The -- Commissioner Hardemon was entirely
correct about the illegal dumping and the penalties to be paid for the people that do
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that. When I was assigned to Wynwood, that was one of the major problems that
we had there, and, in fact, when I ran that task force, one of the issues that we had
in Wynwood was that everybody went there to dump all their junk. So what I did
was that I assigned two of my undercover officers to monitor the areas that were
used for illegal dumping, and mostly, it's people that are remodeling houses or
buildings, or whatever; it doesn't matter. We did start making felonious arrests and
confiscating cars. And back then, the penalty was either a thousand dollars for the
vehicle to recover it, plus the towing charges, or we confiscated the car to the City
of Miami. That was one of the major tools that we used. And dumping in the City
of Miami in Wynwood went down to zero. And that's something that should be
addressed completely and totally, because it's industrial dumping; it's bad. We had
that Zika outbreak a couple years ago, so this is something that should be done.
Now, a few months ago, you all talked about starting some kind of task force.
Where is that at? Has it started? Did we just talk about it? Are you going to do it?
What's going to happen? Because I see a lot of talking, but I see little action. So
again, the idea is great, but the action is not forthcoming. Thank you.
MV - MAYORAL VETO(ES)
NO MAYORAL VETOES
Chair Russell: Thank you for your comments. Is there anyone else here who would
like to speak on an agenda item; anything that we are dealing with today in the
business of the City? All right. Thank you. With that in mind, I will close public
comment.
Chair Russell: Are there any mayoral vetoes, Mr. Clerk?
Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.
Chair Russell: Thank you very much.
END OF MAYORAL VETO(ES)
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PA - PERSONAL APPEARANCES
PA.1 PERSONAL APPEARANCE
6451 A PERSONAL APPEARANCE BY COMMISSIONER ESTEBAN
BOVO JR. REGARDING A PRESENTATION ON THE 2020
CENSUS.
RESULT: PRESENTED
Chair Russell: I would like to take this moment to recognize Commissioner Esteban
Bovo, from the County. If you'd like to address this body and our community, you
are very, very welcome in this house.
Miami -Dade County Commissioner Esteban Bovo, Jr.: Thank you. Mr. Chairman,
Mayor, good morning. Manager, good morning. Commissioners, it's so good to see
you. 2020, for multiple reasons, will be extremely important for our community. In
2020 -- specifically, on April 1 -- we will be conducting a census. And perhaps one
of the most important civic responsibilities that we have as residents, as citizens of
the United States is to participate in the census. The census goes back to biblical
times. Our forefathers made sure that we conducted censuses every 10 years; 2020
is one of those years. Miami -Dade County is moving very aggressively on this front.
I do not need to educate you on all of the parameters that come with census, and the
money that flows through all formulas -- funding formulas -- that are tied to
population counts. Beginning in April of last year -- of this year -- we have begun a
process where a task force was created. We have been meeting monthly. We will be
issuing a report at the end of next month and give our guideline, our roadmap for
our County, and how we're going to pursue our ability to make sure everybody is
counted. We know historically, there are a couple of communities that are hard to
count; the migrant community, understandably, very fearful of government. We also
know many in our community have come here because their experience with
government where they live is not a positive one, and that also deters them from
participating. And ironically, children under the age of five, parents are leaving
them off of the census, and we want to make sure folks know that if you were born
before or on April 1, you count; you should be reported in the census. Now, we're no
longer dealing with the citizenship question, which we think alleviates a lot of the
concern that many may have had in our community. Miami -Dade County in the past
has shown a -- about a 74 percent participation rate. That means we are possibly
leaving 26 percent of our residents in -- unaccounted for. But more importantly, my
colleagues, we may be leaving millions of dollars on the table. We're here today not
only to tell you what you already know, but encourage you strongly to start the
process, if you have not already, of creating your committees, begin the dialogue in
your community. One of the ways that we're approaching it is that we're trying to
empower agents in our community -- the little league coach, the church pastor, the
priest, the folks in our community that have built credibility over time that they could
be agents for us to talk to the residents in our community on how important it is to
participate in the census. We will start a strong drumbeat that will begin at the
beginning of the year, and carry it forward until folks start receiving their prong;
which, remember, this year, it will be by computer. The Census is encouraging folks
to use the computers. That brings another challenge of folks that may not have
access to a computer. We will be making computers available in our public
libraries. The University of Miami, Miami Dade College, FIU (Florida
International University) will all open up to allow for the use of computers, but we
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believe the City of Miami is, like other cities in our community, are more directly in
touch with residents that can help us achieve the goal that we want to. While we've
set a goal of 80 percent, I would tell you that we need to be more realistically
reaching for 90 percent. And I'll leave you with this, and our approach of grass root
has proven: I represent the northwest end of Miami -Dade; specifically, the City of
Hialeah. Now, the City of Hialeah, for many reasons, have pushed back against
census, and would not want to participate. And we were looking at numbers back in
the '90s at, you know, sub-70 percent participation. Our approach of working with
agents in the community and not having government officials ask folks to participate
led us to numbers now in Hialeah at 80 and 82 percent the last two censuses. So our
approach and our encouragement is: Let us not be the obstacle to making sure folks
get counted. Let's empower many folks in our community, whether it's media
partners, whether it's sports celebrities; whether it's, like I said, folks, leaders in our
community. Allow them to be our agents, and I think we could achieve the count that
we want. And use our school system. Our school system is an invaluable tool. And
we encourage you, if you haven't already, create your committees. The Census
webpage already has a lot of information that you could download. You could
personalize your campaign, which we encourage you to do. And, you know, as far as
we're concerned, this will be the biggest issue we have in 2020. The impact will go
on for 10 years as far as the funding is concerned. I appreciate you all giving me a
little bit of time to speak about this issue. Thank you.
Chair Russell: Commissioner Gort.
Emilio T. Gonzalez (City Manager): Mr. Chair -- oh.
Vice Chair Gort: Thank you, Emilio. I think it's very important that we inform the
individuals. So what I did -- I was in charge of the Census Bureau for the Federal
Government in 1980, a long time ago. But we used the social services agencies,
which is the one that need the most funds. A lot of times, they don't receive their
funds, because the people that they serve are not being counted. So that's one of the
suggestions that I have. And we've been working on it very -- I know everybody here
understands the necessity of it. Thank you.
Commissioner Bovo: Yeah. And let's just partner, work together, and make sure we
get it done.
Mr. Gonzalez: Mr. Chairman?
Commissioner Bovo: Thank you.
Chair Russell: Yes, Mr. Manager.
Mr. Gonzalez: Yes. I'd like to thank the Commissioner. I know that you were very
vocal about this at the League of City meetings. We have an internal committee. We
will be doing our kickoff on Wednesday, which involves training, outreach, media.
So we look forward to working with you, sir, and appreciate your leadership on this.
You're right; this is a big deal. A lot of people don't recognize the importance of the
census and what it means to communities, so we look forward to partnering with you
and your colleagues in the County.
Chair Russell: Thank you.
Commissioner Bovo: Thank you.
Chair Russell: Mr. Mayor.
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Mayor Francis Suarez: Thank you, Mr. Chair. I just want to thank the
Commissioner for being and for participating in this process. It's embarrassing
sometimes when people ask me, "What's the population of the City of Miami?"
because I know it is significantly higher than what is counted on the census. I think -
- our last count, I think it was like 460, which we know is a woeful undercounting of
what's happening in the City of Miami; aside from all the, you know, influx of
population of people that come in to work here on a daily basis. So I commend you,
and I thank you for participating in this process, and you have our support.
Chair Russell: Thank you.
Commissioner Bovo: Thank you. We'll get it done.
Chair Russell: Commissioner, regarding the immigration status question, it's -- I'm
glad it's being resolved, but the perception still lingers, and the fear is still there
amongst the immigrant community. Obviously, as a city, it is not important to us
what -- the status of whom we serve. We must provide police, fire, sanitation for all
of our residents. We want to make sure they're counted so that we get the
representation we need. How -- can you explain to the general public the current
status of this immigration question? And once it's resolved, how can we educate the
public, especially the immigrant community, not to have fear on this issue?
Commissioner Bovo: So our task force has deliberated a lot on this specific issue in
many of the meetings that we've had. What we've done, Chairman, is that we've had
those that work on a daily basis with the immigrant community become our
advocates. The immigrant that, for whatever reason, is in our community, and may
be working in the farms down in Homestead have a daily interaction with members
that advocate for them, and look out for their best interest. I cannot go into that
community and create a trust factor with those individuals in a 24-hour period.
We're relying on those advocates and those agents to be the voices for us. And we
will go a step further and make sure that we provide them the tools they need to be
able to fill out the census; and then, armed with Federal law; that the identity of
those that are filling out the census is protected for 72 years. It has been tested, and
the courts have upheld it; that it is sacred. Now, government is obviously interested
in the data. And today, now, we are basically opening the envelope for those that
participated in the census in the '50s. So we want to give them all the assurances,
understanding and realizing that we have a lot of obstacles, because of the
unfortunate toxic nature of our politics. But on this one, I could tell you, Democrats,
Republicans, liberals, and conservatives were all onboard with this, and it's
extremely important that we get them counted, (UNINTELLIGIBLE) as you said,
they use our services.
Chair Russell: So for the benefit of the public's understanding, you're saying the
question is still on there, but it'll be kept confidential?
Commissioner Bovo: There is no citizenship question --
Commissioner Reyes: There's no question.
Commissioner Bovo: -- on the census questionnaire this year. There is no
citizenship question.
Chair Russell: That's what I wanted to hear clearly.
Commissioner Bovo: You got it.
Chair Russell: Thank you so much. Thank you for working with us.
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Commissioner Reyes: Just one second.
Chair Russell: Yes, Commissioner.
Commissioner Reyes: Thank you --
Commissioner Bovo: Yes, sir.
Commissioner Reyes: -- Commissioner Bovo, for being here. It's always a pleasure
to have you around. I'm just going to make a suggestion, you see. Particularly, our
community is very media -oriented, and media exerts a lot of influence on our
community. And I advise -- and I suggest that we have a media campaign, and try to
involve some of the -- I mean, people that are newscasters or people that are popular
in our community involved, I mean, in this effort, because, as you well know, our
community really is --
Commissioner Bovo: Yeah.
Commissioner Reyes: -- believe that those people are telling the truth, and if I might
suggest that we start that up.
Commissioner Bovo: Thank you for the suggestion. In our task force, we've had
meetings and we've had participation of the media, not only traditional media; social
media, other kind of medias [sic]. I will tell you that Univision has probably been
the biggest champion and partner. They have not only been hosting meetings
already at their station, but they're all in with PSAs (Public Service Aides) and that
availability for us to be able to communicate with our residents to let them know how
important this is.
Commissioner Reyes: Don't forget about radio and --
Commissioner Bovo: No, no, we never forget radio; of course not.
Chair Russell: Thank you very much.
Commissioner Bovo: Thank you, Mr. Chairman. Thank you.
Chair Russell: I'd like to also welcome a public appearance from the Transit
Alliance.
Unidentified Speaker: Good morning, and I think we have a presentation; I'm not
sure if it's loaded up.
Chair Russell: Okay. How much time do you need?
Unidentified Speaker: Somewhere between five and seven minutes.
Chair Russell: If you need time to load it up, I can move on to some other things
while you prepare.
Unidentified Speaker: Oh --
Chair Russell: Do you need some time?
Unidentified Speaker: -- I assumed it would be loaded.
Unidentified Speaker: (UNINTELLIGIBLE) so we don't know (UNINTELLIGIBLE).
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Chair Russell: Go ahead and give it a shot.
Unidentified Speaker: Oh, no.
Chair Russell: Is it -- are you --?
Unidentified Speaker: If there's no clicker here, I assume it's not loaded yet.
Chair Russell: All right. I'll let you work with IT (Innovation and Technology) while
we do a couple of other administrative items, and we'll come back to you as soon as
you know you've got exactly what you need. I'd like you --
Unidentified Speaker: That's good.
Chair Russell: -- to have the full visuals that you'd like to present, so that's fine.
Unidentified Speaker: Okay.
Chair Russell: If IT could help out Transit Alliance, we'll make sure they've got their
presentation prepared.
PA.2 PERSONAL APPEARANCE
6520 A PERSONAL APPEARANCE BY TRANSIT ALLIANCE
REGARDING THEIR PROPOSAL TO RE -ALIGN THE BUS AND
TROLLEY SYSTEMS IN MIAMI.
RESULT: PRESENTED
Chair Russell: We'll now move on to the public comment portion of the public
hearing for any item remaining on the agenda. If you're here to speak on anything
that we are addressing today on our agenda, please approach either one of the
lecterns.
Commissioner Carollo: Can I ask the Chair for a point of special privilege? Can
you open it up just to SR.5, so we could vote on this right away --
Chair Russell: I --
Commissioner Carollo: -- before we open it up to the rest of it?
Chair Russell: On the pension item?
Commissioner Carollo: Yes; SR.5.
Chair Russell: I believe we'd like to take all of the pension items to --
Commissioner Carollo: It's for firefighters and police.
Chair Russell: Yes.
Commissioner Hardemon: There's -- I mean, there's not a lot of people that's here
for public comment, so we can just open up for general -- generally then.
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Commissioner Carollo: Yeah, if that's the will of the Commission.
Chair Russell: It'd be my preference, as well, just to the respect of the residents who
are here. So if you're here on any item --
Vice Chair Gort: How about the personal presentation?
Chair Russell: Which personal --?
Vice Chair Gort: The personal presentation. They've been sitting here. They're
ready.
Chair Russell: Goodness, I apologize. If you could give us just a moment, please.
We have one last presentation the Vice Chairman reminded me of that we had an IT
(Innovation and Technology) issue on, and now has been resolved. The Transit
Alliance would like to address this body. Mr. Chougle, Ms. Viciedo, the floor is
yours.
Marta Viciedo: There we go. Okay. Good morning. Thank you for having us.
Thank you, Commissioners. Thank you, Mr. Mayor and the Administration. So we
are Transit Alliance. Transit Alliance is a nonprofit organization, and we advocate
for better public transportation in Miami -Dade County. You will find us speaking to
riders. You'll find us on the bus, on the trolleys, on the trains. You'll find us
advocating for issues that matter to the future of our mobility on the street. And
you'll find us in the halls of government, advocating for things like ensuring that our
transportation budget isn't cut, and that transportation continues to improve in
Miami -Dade County. Today we're here to talk to you about the Better Bus Project,
which is in -- it's a partnership between Transit Alliance, ourselves; Miami -Dade
County; the City of Miami; the City of Miami Beach, and a number of national and
local private organizations and foundations. Transit Alliance is -- has worked very
closely over the last few months with the County's Transportation Department --
sorry -- Department of Transportation and Public Works, some municipal
transportation departments; and Jared Walker and Associates, who are national
experts in redesigning successful bus networks. Some of the ones that are most
notable, very similar to Miami -Dade County are Houston and San Jose, but they
have a number of successes under their belt. Redesigning a bus network here means,
of course, working with the County bus network, and integrating our trolley system,
because we -- that is what gets us to more riders and less traffic. I want to be clear.
A new network within Miami -Dade County, integrated with the City of Miami
trolleys is transformative for the City of Miami; most specifically, for its residents. A
new network that -- the network that we're working on improves prosperity,
immeasurably increases access to jobs and services. It supports economic
development. It supports resilience. As a matter of fact, this project is part of the
Resilient 305 Plan, and it increases frequent service, which frequent service is,
beyond all measure, the most important factor when you're thinking of what makes a
service more useful, what makes it more likely for people to use public transit. And
we hear this through a lot of public input. It's not just because we say so. We spend
pretty much every day talking to transit riders. In the last few -- in the last month or
so, I have personally visited six senior centers in the City of Miami to speak to
seniors. We've spoken to transit riders of all backgrounds, and we've conducted a
community survey, which is ongoing. So you will find us currently throughout the
County and throughout the City of Miami talking to residents and transit riders. One
of the most important outcomes so far -- and I do want to say our survey is ongoing;
this is very preliminary, but 77 percent of the residents of Miami that have taken the
survey agree that the trolleys should be integrated, designed to work very well with
the County bus system. What we're at today with the project -- where we're at -- is
that we have presented two network concepts, and you may have received those
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handouts; they're also available online. In November, these two concepts go to the
County, the Board of County Commissioners, because what we're seeking at this
point is direction on which way to go. Should we go towards one or the other? And
they both represent different values. Throughout the month of October, we're asking
cities, like the City of Miami, as well, to give us the recommendations for which
direction to go. Now, the networks that you have in front of you -- there's three
maps. One is our existing network that articulates, really clearly shows that we only
have five County bus routes in the entire Miami -Dade County that provide 50-minute
or better frequency. Frequency is the highest marker of a usable system. So five bus
routes that provide this is very low for a metropolitan area of our size. The other
two networks change frequency in different ways. But this isn't about specific routes
right now; it's about understanding where we want to go as a community between
these two concepts. I do want to drill down specifically on what the outcomes would
be between these two different scenarios. So the average resident in Miami, in the
City of Miami, if you went with the coverage concept would have access to 31
percent more jobs in 45 minutes than they do today. The average resident in Miami
would have access to 42 percent more jobs under the ridership concept. That's how
this is directly tied to prosperity. Now, when we're talking about frequent service,
we often see people waiting at bus stops like this. Frequent service, again, is the
highest marker of a usable system. The most useful system provides frequent service.
Today, 37 percent of our residents are located near frequent transit, and I'm only
picking out the City of Miami. Under the coverage concept, the results are
transformative. 74 percent of our residents would be near frequent transit. Under
the ridership concept, that number rises to 83 percent. When we're looking at
seniors -- and we've done the study for a number of different groups with an area --
so we're looking at seniors. We have households in poverty; we have households
without vehicles. But the last one I want to show to you today is, for seniors, the
outcomes are very similar. 31 percent of our seniors today are near frequent transit.
Under the coverage concept, that goes up to 68 percent. Under the ridership
concept, that goes up to 77 percent. There's no other community in Miami -Dade
County that is seeing these kinds of benefits. What we're asking -- what we're here to
ask from you today is that the City of Miami also provide us direction on where we
should go. Again, I -- this -- I can't stress enough, this isn't about individual routes.
This is, "Should we go towards the coverage model? Should we go towards the
ridership model?" The results for the City of Miami are pretty similar, whichever
way you choose. And if you could take that position before the end of October, that
would be very helpful for us, because, as I mentioned, we will be at the County in
November. You can find more information about this project at betterbus.miami.
Chair Russell: Thank you very much. Is there a rule of thumb difference in budget
going with the ridership model versus the coverage model? What are we looking at
in difference in budget?
Ms. Viciedo: The entire project -- Thank you for asking that. The entire project is
budget neutral. We are only working within the resources that we have today, both
at the County and at the City of Miami. And just to interject, I apologize. I jumped
up here. I didn't introduce myself. I'm Marta Viciedo. I am the founder and Chair
of Transit Alliance, and Azhar is the Executive Director of Transit Alliance.
Chair Russell: Thank you very much.
Vice Chair Gort: Mr. Chairman?
Chair Russell: Vice Chairman and then the Mayor.
Vice Chair Gort: Can either of you explain the differences between the two concept
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Ms. Viciedo: Sure.
Vice Chair Gort: -- the ridership and the --
Chair Russell: Coverage.
Ms. Viciedo: Sure. So I will explain it in the simplest way that it's organized in
terms of resources, because this is a values proposition. This is understanding
where we -- how we want to allocate our resources. Our current system allocates 70
percent of its resources to providing frequent service and 30 percent to providing
coverage service, making sure that -- you know -- as many people have access as
possible. The coverage model, the coverage concept tweaks that to be 80 percent
frequent service and 20 percent coverage. The ridership concept does -- takes a step
further and says 90 percent frequent service; 10 percent coverage. So what we're
looking at today is a very logical framework to understand what the buses should be
doing, what the trolleys should be doing, and providing very clear direction for right
now and for the future in terms of how our transportation system should evolve.
Chair Russell: So in laymen's terms, the difference would be either less routes with
more trolleys and buses on them or more routes with less buses and trolleys on them;
is that --?
Ms. Viciedo: In the -- in -- well, in the City of Miami, nobody loses coverage. In --
when you're looking at Miami -Dade County, there are -- when you move very far
towards the ridership model, to that extreme, there are areas that begin to emerge
that have gaps.
Chair Russell: But not the City?
Ms. Viciedo: But within the City of Miami, when the City of Mia -- when, let's say,
the trolleys are really well integrated with the County, your residents have access to
frequent service on a grid, and they are able to move around much more efficiently
throughout the City.
Chair Russell: So it sounds like your recommendation, at least for the City of
Miami, would be more the coverage model.
Ms. Viciedo: Actually, I -- the Transit Alliance is not taking a position on the two
models, and simply because it's not our place to say one or the other. It's really
important that as a community, we come together and work, City of Miami, the
County, and ensure that we can move this forward.
Chair Russell: Thank you. Mr. Mayor?
Mayor Suarez: Thank -- Commissioner, do you have something? Do you have
something else?
Chair Russell: Vice Chairman?
Vice Chair Gort: Yeah. I'm looking at the -- we're talking about homeownership
and people not being able to get homes, because a lot of times, they have to move
further away from the employment center, and I think the frequence [sic], the
shortest frequence [sic] is the best that we can select, because we all -- people want
to go to -- they want to take public transportation, but they want to make sure they
can make it to their job. Sometimes, they make, 30, 40 minutes late, and they can get
fired. At the same time, sometimes, they don't get the service. I think this is where
we really need to bring everyone together, which we've been saying that for a long
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time. Centralize it, the transportation, which the County has a lot to do with it, but
they got to work with us quite a bit, too.
Chair Russell: Thank you. Mr. Mayor.
Mayor Suarez: Thank you, Mr. Chair. I have a few thoughts, comments, and
unfortunately, I wasn't able to sit through the entire presentation, because I had
some questions when they were briefing me on it. I guess for me is, what I'd like to
know -- and this is something when I first met with them before we had the meeting
upstairs. I understand they're working on a concept of budget neutrality, and I
appreciate that, because, obviously, it's always easier to make suggestions within
our budget than things that are going to change the budget parameters. What I
would like to know is, what are the costs associated with changing in terms of if --
because we've expanded this trolley system from when I got here, from when I -- we
started it, about 300 percent. So we started with four routes. I think we're up to like
13 routes now, so we have expanded it significantly. Some of them have been
expanded with significant community input, like the Liberty City trolley, which was
very sort of hard fought by the community. I guess my perspective is, clearly, the 15-
minute headways for many of the significant routes. Your data is very compelling on
expanding job access opportunities for people in the City of Miami. And so, what I
want to know is, sometimes have this "either/or" instead of "both" mentality, and that
was kind of what I was trying to get at when we were getting together the first time,
where I said, "Listen, I appreciate the fact that you're creating a budget -neutral
strategy, but let's" -- I mean, the City of Miami grew last year by 10 and a half
percent in tax base. And even though we've reduced taxes, our budget -- and our
budget went down slightly -- we get a lot more revenue on an annual basis. So we've
been growing the system. So there's nothing that says to us, for example, that we
can't do both; sort of maintain the system, as is, and then start expanding in the -- I
forget what model you call it -- the more intense model.
Ms. Viciedo: The ridership.
Mayor Suarez: The ridership model. In other words, start growing it in that way
going forward, and I just don't know what the costs are so that we can't plan that out
as to say, "Okay, well, next year, we're going to go to the ridership model, going
forward"; like, from this point forward, as we expand the system, we're going to
expand it along the ridership model, because of the data that we're getting, which
proves that it's going to be much more beneficial, and the frequencies, et cetera. So I
just need to know what the costs are from that, so we can plan that out. And that's
just something that I'll probably want to meet with you guys again subsequent to this
meeting, as well.
Ms. Viciedo: So we can attempt to provide some of that information, and we've been
working very closely with your professionals. I do want to say one thing, though, in
terms of providing free service. So there's always this debate about providing free
service versus paid -- right? -- and if trolleys are free, County bus is paid. One thing
I just want to rise to the top is that first of all, when a service is free, it's really, really
important that it's effective. Based on our research there are City of Miami trolleys
that maybe have six or seven boardings per hour. That's not entire of them -- the
entirety of them, but when you have a situation where you have trolleys that are --
that maybe have six or seven boardings per hour, that's costing the City and the
taxpayer 7 to $8 per rider, which is a significant cost. And it's really important to
understand how those trolley routes are really integrated into the County system, so
they're providing that frequent service, and that frequent service is sustainable over
time, because the last thing you want to do is expand a trolley system that's free, but
then 2007 happens again, and there's a downturn. So you want to make sure that
that service that you're providing is as cost-effective as possible. And then the last
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real quick note is, with the paid versus free, the people who need free service the
most will get free service, because the County has the golden passport; they have the
economically disadvantaged bus pass. So people that need free service will get it on
the County or on the trolley.
Mayor Suarez: Just one last thing.
Chair Russell: Mr. Mayor, yes.
Mayor Suarez: No, I -- look, I think that's all important. The one thing I also want
to look at -- and this is more for our staff -- is I'd like to know the percentage of time
right now currently in our system where we are either meeting or within five minutes
of our predicted time at a stop, in other words, because it goes to predictability,
right? I think headways is super important, but I think it's also important that there
be predictability. If you, for example, want to get a trolley at 8:15 or 8:30 to go to
work, and our advertisement says, "The trolley will be there at 8:30," but the trolley
doesn't arrive till 9:10 or 9 o'clock; 30 minutes late. That's not something that you
can rely on. So I'd like to know; are we hitting our target 95 percent of the time?
Are we hitting our target 90 percent of the time? Are we hitting our target 80
percent of the time? Right? Because that, I think is another component, which is
reliability. If we're going to say, "Hey, we want 15 minute headways," that's great,
but we have to actually do it.
Ms. Viciedo: Right.
Mayor Suarez: Right? So that's the second part, which is, "Are we hitting our
headways right now?" And I want to know. I don't have that information, so I
definitely want to see how well we're doing there.
Ms. Viciedo: Do you have anything to add? Okay.
Mayor Suarez: Yeah. Well, good.
Chair Russell: Thank you very much.
Ms. Viciedo: Wonderful.
Chair Russell: The only recommendation I would make is to remember that you
cannot do this in a political vacuum. The fact that two governments will have to
work together to make this happen is very complicated. We have to trust each other,
each other's governments; that the service -- If we are giving up a route, for
example, on a trolley that's going to be covered by a bus, we need to know that it's
going to be sufficient and convenient, and everything. Have you had meetings
together with both governments' transit specialists; the Administrators together in
one room; not County versus City?
Azhar Chougle: Yes. From pretty much the beginning, both departments have been
working together --
Chair Russell: Good.
Mr. Chougle: -- and actually, these plans have been drawn completely
collaboratively, which is the reason you're seeing such incredible opportunities for
the City of Miami, is because the transportation professionals have collaborated
from the beginning.
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Chair Russell: Got it. Would -- do you need anything further from us here today to
move forward? Because, obviously, we would like to have more frequency, more
routes, and not cost more. Can you do that, please?
Ms. Viciedo: Right. What -- our ask is that this board presents a resolution or
moves a formal resolution to take a position on the concepts. And I'm happy -- we've
spoken to many of you. I'm happy to come back and speak to you again. But if you
could provide a resolution of direction by October 24, that would be incredibly
helpful to keep the process moving and keep the collaboration going, and understand
exactly what our community needs.
Vice Chair Gort: Mr. Chairman?
Chair Russell: Thank you very much. Vice Chairman.
Vice Chair Gort: My suggestion is you keep coming and talking to us, but most
importantly, keep have meeting among all the professionals to make sure they come
to an agreement.
Ms. Viciedo: Mm-hmm.
Vice Chair Gort: Okay. Thank you.
Chair Russell: I'm glad to help make sure we bring something.
Ms. Viciedo: Okay.
Chair Russell: Thank you very much. Thank you for your presentation.
Ms. Viciedo: Okay.
Chair Russell: Thank you.
END OF PERSONAL APPEARANCES
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CA - CONSENT AGENDA
The following item(s) was Adopted on the Consent Agenda
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
CA.1 RESOLUTION
6406
Department of Real
Estate and Asset
Management
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 1 TO THE MIAMI BRIDGE
REVOCABLE LICENSE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND
MIAMI BRIDGE YOUTH AND FAMILY SERVICES, INC., A
FLORIDA NOT FOR PROFIT CORPORATION, IN ORDER TO
DEFER THE MONTHLY USE FEE INTO A CAPITAL RESERVE
FUND FOR THE PURPOSE OF UPKEEP AND MAINTENANCE OF
THE CITY -OWNED PROPERTY LOCATED AT 2916 NORTHWEST
SOUTH RIVER DRIVE, MIAMI, FLORIDA, AND THE STATE-
OWNED LANDS LOCATED AT 2810 NORTHWEST SOUTH RIVER
DRIVE AND 2910 NORTHWEST SOUTH RIVER DRIVE, MIAMI,
FLORIDA.
ENACTMENT NUMBER: R-19-0379
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.1, please see "End of
Consent Agenda."
CA.2 RESOLUTION
6395
Department of
Human Services
A RESOLUTION OF THE MIAMI CITY COMMISSION
ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED
"EARLY LEARNING COALITION PROGRAM" AND ACCEPTING
AND APPROPRIATING SUBSIDIZED FUNDING IN AN ESTIMATED
AMOUNT NOT TO EXCEED EIGHTY THOUSAND DOLLARS
($80,000.00) FROM THE EARLY LEARNING COALITION OF
MIAMI-DADE/MONROE, INC., A FLORIDA NOT FOR -PROFIT
CORPORATION, TO PROVIDE ASSISTANCE TO DAY CARE
PROGRAMS IN THE CITY OF MIAMI CONSISTENT WITH THE
STATE OF FLORIDA'S SCHOOL READINESS PROGRAM;
AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE SAID FUNDS; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, INCLUDING AN OPTION TO RENEW
SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED,
ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
IMPLEMENT MEASURES FOR COMPLIANCE WITH THE TERMS
OF THE SUBSIDIZED FUNDING.
ENACTMENT NUMBER: R-19-0380
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Meeting Minutes October 10, 2019
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.2, please see "End of
Consent Agenda."
CA.3 RESOLUTION
6407
Department of
Human Services
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, BETWEEN CAMILLUS HOUSE, INC., A
FLORIDA NOT FOR PROFIT CORPORATION ("CAMILLUS
HOUSE"), AND THE CITY OF MIAMI ("CITY") TO PROVIDE GRANT
FUNDING FOR THE CAMILLUS HOUSE DAY SERVICES
PROGRAM WHICH IS DESIGNED TO PROVIDE MEANINGFUL
AND ENGAGING ACTIVITIES FOR QUALIFYING PARTICIPANTS
AND TO PROVIDE SAID PARTICIPANTS WITH HOT MEALS,
SHOWERS, MAILBOXES AND IDENTIFICATION SERVICES TO
ASSIST WITH RE-ESTABLISHING THEIR CORRESPONDENCE
AND IDENTIFICATION, AMONG OTHER THINGS, A UNIQUE
SERVICE PROVIDED SOLELY BY CAMILLUS HOUSE
("PROGRAM"), AT A TOTAL COST OF ONE HUNDRED
THOUSAND DOLLARS ($100,000.00) WITH CONDITIONS AS
STATED IN THE AGREEMENT, PAYABLE BY THE CITY TO
CAMILLUS HOUSE IN TWELVE (12) MONTHLY INSTALLMENTS
("GRANT") COMMENCING DURING THE CITY'S 2019-2020
FISCAL YEAR FOR AN INITIAL PERIOD OF ONE (1) YEAR WITH
THE OPTION TO RENEW FOR FIVE (5) ADDITIONAL ONE (1)
YEAR PERIODS OF CITY SPONSORSHIP GRANT FUNDING
UNDER THE SAME TERMS AND CONDITIONS IN THE
AGREEMENT AND SUBJECT TO THE AVAILABILITY OF
FUNDING AND BUDGETARY APPROVAL; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE WITH CAMILLUS HOUSE ANY AND ALL OTHER
NECESSARY DOCUMENTS, MODIFICATIONS, AND
AMENDMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO COMPLETE AND FURTHER THE GRANT
ALLOCATION AND APPROPRIATION.
ENACTMENT NUMBER: R-19-0381
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.3, please see "Public
Comment Period for Regular Item(s)," and "End of Consent Agenda."
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CA.4 RESOLUTION
6408
Department of
Human Services
CA.5
6456
Department of
Planning
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH CAMILLUS HOUSE, INC., A FLORIDA
NOT FOR PROFIT CORPORATION ("CAMILLUS HOUSE"), TO
CONTINUE THE CITY OF MIAMI ("CITY") SHELTER PROGRAM
PROVIDING FOR THE PROVISION OF SEVENTY-FIVE (75) BEDS
WITHIN THE CAMILLUS HOUSE NORWEGIAN CRUISE LINE
CAMPUS FOR THE NIGHTLY USE OF HOMELESS INDIVIDUALS,
WITH TEN (10) OF THOSE BEDS SERVING AS OVERNIGHT
EMERGENCY SHELTER BEDS, ALONG WITH OTHER
ASSOCIATED HOMELESS SERVICES INCLUDING CASE
MANAGEMENT SERVICES, FOR A PERIOD OF ONE (1) YEAR,
SUBJECT TO SAID BEDS BEING EXCLUSIVELY DESIGNATED
FOR THE CITY'S HOMELESS POPULATION, AT A TOTAL COST
OF $460,000.00, WITH CONDITIONS AS STATED IN THE
AGREEMENT, PAYABLE IN TWELVE (12) MONTHLY
INSTALLMENTS.
ENACTMENT NUMBER: R-19-0382
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."
RESOLUTION Item Pulled from Consent
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), RECOMMENDING TO THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD ITS APPROVAL OF
THE STATE HISTORIC PRESERVATION OFFICE'S NOMINATION
TO ADD THE BLACK POLICE PRECINCT AND COURTHOUSE TO
THE NATIONAL REGISTER OF HISTORIC PLACES AS IT MEETS
THE ELIGIBILITY CRITERIA TO BE ADDED TO THE NATIONAL
REGISTER; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
ENACTMENT NUMBER: R-19-0378
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.5, please see
"Public Comment Period for Regular Item(s)."
Chair Russell: If you could be patient just for a moment to the Transit Alliance. Is
there a motion on CA.5, RE.3, 4, and 5 -- which other one was it?
Mayor Suarez: SR.1.
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Chair Russell: And SR.1. Is there a motion on -- the Vice Chairman has moved
CA.5, RE.3, 4, and 5, and SR.1; seconded by the Chair. I'll open the floor for public
comment on any one of those items. And just to clarify for you, we're talking about
the -- CA.5 is the National Register nomination for the Black Police Precinct and
Courthouse. REs.3, 4, and 5 are with regard to the Environment Resilience
recommendations from the City -- from the City's Sea Level Rise Committee. Anyone
who'd like to comment on any of these items, please approach the lecterns. And the
final one is SR. 1, Mayor's International Council renaming; so only those items. If
you'd like to speak, please approach the lecterns. You'll have two minutes each to
speak. Please just state your name, which item you're speaking on. You don't need
to say your address. You'll have two minutes. You'll hear a small beep at about the
30-second mark; if you wouldn't mind trying to wrap it up at that point. Good
morning, sir.
John Van Leer: Good morning. I'm Dr. Van Leer, from the University of Miami, but
I'm not here to represent their interests. I'm a property owner who achieved his
dream house by getting a waterfront house in 1988. And I went to the Arctic as part
of my scientific research, and discovered that the sea ice was melting from the
bottom in 40 degrees below zero temperatures due to a hurricane -strength arctic
storm. So I knew that my waterfront house was in peril long term, and the question
was, "How soon would it be till sea level rise began to act on my house?" And the
answer to that question is, "now." This morning when I left the house to drive down
here, saltwater was coming up through the drains in my street. Sea level rise is not a
joke. It turns out that there is legislation pending before the United States House of
Representatives, H.R.763, which essentially reduces emissions of more than the
Paris resolution has called for, and is pending in Congress. It creates jobs for the
local community, it makes money for businesses in the local economy, and it reduces
emissions dramatically. I encourage you guys to please support this resolution.
Thank you.
Chair Russell: Thank you, Mr. Van Leer. Yes; it could reduce 40 percent over 12
years. Good morning, sir.
Matias Nieto: Good morning. My name is Matias Nieto, and I'm a 10th-grader at
Belen Jesuit. I'd like to ask the City of Miami to pass the resolution to urge
Congress to support the Energy Innovation and Carbon Dividend Act. Recently, we
set another record for carbon dioxide in the atmosphere; 415 parts per million,
higher than it has been in millions of years. This summer, we had the hottest June
ever recorded, and then July became the hottest July ever recorded. At the
beginning of September, Hurricane Dorian stalled over the Bahamas, where it
unleashed devastating damage. Here in Miami, we're experiencing the impacts of
climate change, with sunny -day coastal flooding, extreme heat, and sea level rise,
which could increase by five feet by the end of this century. One year ago, the
world's climate scientists said if we are to keep global temperatures from exceeding
1.5 degrees Celsius, we'll essentially need to cut our use of fossil fuels in half by
2030; eliminate them altogether by 2050. If we don't slash carbon emissions, Miami
and the rest of the world will be far worse in terms of sea level rise, health risk,
economic damage, and climate refugees. You guys have witnessed devastating
climate impacts and learned of scientific warnings. We are still not doing enough,
nor moving fast enough to slow down greenhouse gas emissions to prevent climate
catastrophe. Our generation will have to live with these consequences; that is why I
ask you to pass the resolution supporting the Energy Innovation and Carbon
Dividend Act. This pending bill (UNINTELLIGIBLE) significantly greater emissions
reductions than all current regulations. It would exceed the Paris Agreement's
targets. A resolution from the City of Miami in support of H.R.763 will send a strong
signal to our congressional delegation to back this legislation. In Pope Francis'
encyclical, Laudato Si', he said that the climate is a common good, belonging to all
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and meant for all, and he calls on everyone to take swift and unified action to protect
the Earth. Thank you.
Chair Russell: Thank you very much. Good morning.
Gregory Koman: Good morning. My name is Greg Koman, and I live at 3122
Hibiscus Street. I'm here this morning to ask you to support Resolution 4, which is
the resolution urging Congress to support the Energy Innovation and Carbon
Dividend Act, as recommended by the Sea Level Rise Committee. A recent Yale
study showed that three out of every four people in Miami -Dade County believe that
carbon dioxide should be regulated and support putting a price on it. In fact, this
number jumps to 82 percent in support when they find out that the money will be
given back to them in some way, like a revenue -neutral dividend, as proposed in this
bill. According to the study, across the board, residents in Miami -Dade are more
concerned about climate change and demand action at a greater rate than most
other counties in the United States. In fact, with the exception of a few counties in
Texas, no other county in the entire country has a higher percentage of residents
who believe global warming will harm them personally than Miami -Dade. The
Energy Innovation and Carbon Dividend Act is by far the best solution out there to
address climate change, global warming, and sea level rise. Models show that
passing this one bipartisan bill will do our country's part to keep the planet well
under 2 degrees Celsius; this one bill. The demand is growing for action on climate
change. We have sunny -day flooding in our streets and neighborhoods, and students
skipping school on Fridays to protest, right out in front of this very building. I have
a great appreciation for the work the Commissioners have done to address adapting
to the effects of climate change, like passing the Miami Forever Bond, but adaptation
is not enough. We must do something to actually mitigate the effects of climate
change, or this adaptation will be for naught. As a resident of Miami, I ask that you
please join other local cities, like Surfside, Coconut Creek, South Miami, and Palm
Beach County, and support Resolution 4, urging Congress to pass the Energy
Innovation Carbon Dividend Act.
Chair Russell: Thank you very much --
Mr. Koman: Thank you.
Chair Russell: -- for your comments. Good morning.
Corbin Shouse: Good morning. My name is Corbin Shouse, and I am a resident of
Brickell, and a student at the University of Miami. Thank you for considering
offering the City of Miami's official support for this critical legislation. I would like
to speak specifically about the benefits of the dividend that would be paid to every
resident of the City of Miami under the Energy Innovation Act. As previously
mentioned, all revenues collected under the carbon fee would be distributed into
equal shares to each American taxpayer. The amount of this dividend would grow
over time as the carbon fee rises, and 10 years after the law is implemented, it's
projected to reach $3,300 a year for a family of four. Even after accounting for the
increase in the cost of goods and services, as a result of the carbon fee, 66 percent of
Miami residents would still come out ahead. Furthermore, the dividend would begin
distribution in the month before the carbon fee takes effect, insulating consumers
from the increased cost of living. We believe that the dividend is a critical part of
this legislation for three reasons. First, it alleviates the burden on vulnerable
communities that would result from a carbon fee; and furthermore, it empowers them
to have more agency over their economic circumstances. Second, the dividend
mechanism does not expand the size of government, and preserves consumer choice.
Instead of (UNINTELLIGIBLE) down regulatory control, it would harness markets
to cut carbon emissions in the most efficient manner possible. And third, it would
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stimulate economic activity by giving Miami consumers greater resources to spend
with local businesses. The world's leading economists agree that the dividend
mechanism provides the most efficient and beneficial and equitable means of using
the considerable revenues that the carbon fee will provide. And evidence clearly
shows that carbon dividends would offer a boost to consumers and businesses in the
City of Miami, and across the country. Again, thank you for your time, and I hope
that the City of Miami will lead the way in supporting this important legislation.
Chair Russell: Thank you for your comments. Good morning.
Sharon Van Smith: Good morning. My name is Sharon Van Smith, and I'm not a
resident of Miami, but I'm a native of Miami, and I grew up in the Coconut Grove
area. And my great -great grandparents settled in Miami years before it was
incorporated in 1896. You might say my interest in Miami spans from the 19th
Century all the way to the 22nd Century, when the impacts of climate change will be
devastating to the City if immediate actions are not taken. Rising sea temperatures
result in the following: Corals, which are already displaying higher rates of disease
and suffering from coral bleaching will continue to decline. Fish and marine life
will shift northward to cooler waters. Die -off of sponges and seagrass will
accelerate. Already, the Tuttle Basin is referred to as an underwater dust bowl.
Ocean water will be more acidic, and marine life will decline. 93 percent of the heat
trapped by greenhouse gasses are stored in the ocean, not in the atmosphere. Sea
levels are projected to rise by more than a foot by 2045, which will put a fifth of the
City of Miami underwater at high tide. By 2100, the estimates range from two feet to
seven feet of increase. The average elevation in your city is six feet above sea level.
Miami has been called the poster child of a major city in trouble. The City of Miami
moved aggressively in 2017, when your voters approved raising their property taxes
to fund a $400 million bond issue to build resilience. I ask that you safeguard your
City's investment by passing this resolution in support of H.R. 763. Thank you.
Chair Russell: Thank you. Good morning.
Kelly Dawson: Kelly Dawson, and I'm ceding my time to Greg Hamra; is that okay?
Chair Russell: Yes, it is.
Ms. Dawson: Thank you.
Chair Russell: Four minutes, please.
Greg Hamra: Thank you very much. Commissioner Russell and everybody else, my
name is Greg Hamra. I work -- born in Miami, just a few steps away; one of the few
people, Sharon and I are what we used to call "Miamah natives." And I'd like to call
everybody's attention to a milestone. Tuesday, this week, marks one year on October
8 since the IPCC's (Intergovernmental Panel on Climate Change) landmark special
report shook the world. It indicated what is needed to keep our planet under 1.5
degrees "C" (Celsius) of warming, since preindustrial times. Amid the dire warnings
and the catastrophic projections emerged one policy response; a policy response
that experts the world over have long explained is critical to put us on track toward
rapid de -carbonization. There's nothing novel about this. Details of our bill are
unique in that it gives 100 percent of the money back to every citizen; you mean
every taxpayer. But the principle of putting a price on pollution to make the price of
fossil fuels honest is completely boilerplate economics 101. Make the price honest.
When they say that it's critical, I'd like to explain what "critical" means. Not that it's
a nice thing to have. Without it, we fail at fixing the climate; it doesn't happen. This
is not a solution. Let me be very clear. We have no shortage of solutions. This fixes
the economic problem, the market failure, and it creates the conditions for the
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solutions to scale up, while sending a market signal to market actors globally to shift
capital. We should have begun this decades ago. We've known about this longer
than any of us have been alive in this room. 31 years ago, when Dr. James Hansen,
former Director of NASA (National Aeronautics and Space Administration) famously
testified before Congress, saying that global warming was real, serious, and we had
to act on it, we didn't. Today you have a choice to decide whether the place we call
ground zero -- Miami -- and the reason it's called ground zero is we have the
greatest value of assets at risk in the world. We're Number 1. New York City is
Number 3. Did you know that? We really are Number lin terms of value of assets at
risk. The eyes of the world are focused on this city. Miami is the city that's cited
when people talk about coastal cities that are going to be inundated. Others will be,
as well, and even worse, but we have the greatest value of assets. This is your
chance to take some leadership in supporting this monumental and critical policy. It
is the first bipartisan climate bill in a decade. When it comes to adaptation
resiliency, strategies to basically keep the water away, we're one of the leaders,
among other cities in South Florida, but ironically, ground zero has so far taken a
back seat when it comes to seriously addressing the global emissions challenge that
has created and is deepening a crisis. It's time for a strategy that enshrines the
principle that preventing tragedy should enjoy greater moral legitimacy than
reacting to it. In other words, when your bathtub is overflowing, you don't reach for
the towels first. You reach for the tap. Your endorsement today would add to the
over 1,000 endorsements so far for this bill that include 450 businesses, nearly 80
faith groups; over 60 local governments from small mountain towns, like Moab,
Utah and Aspen, Colorado to Pam Beach County, South Miami; which, by the way,
was the first city in the United States to endorse this bill. And the place that is
considered ground zero, I think it's high time that we show the world that we're
leading on this, as well. If we don't get the conversation going now, we're not going
to have something like this pass when we do have a government in place, a Federal
Government in place that has the potential to pass this kind of bill. So in the
remaining time, I don't know if this is appropriate. If you wanted to ask questions,
I'm here for you.
Chair Russell: Thank you.
Mr. Hamra: Thank you for having me.
Chair Russell: Time is up. Is there anyone else here who would like to speak on any
of these items?
Mr. Hamra: Thank you.
Chair Russell: Thank you very much.
Lari Ferrell: Good afternoon -- good morning, I should say. I'd just like to say I am
in support of this energy initiative. I think it's extremely important. It's an
integrated issue. It's not just this bill itself. I think it's important that we respect our
green spaces, especially our larger green spaces, because they absorb a lot of the
flooding; they reduce the carbon footprint; they increase oxygen; trees increase
oxygen levels. And finally, it's incredibly important in terms of the temperature. It's
-- they keep the environment cooler, especially the larger green space is very
important on the flooding issue. Thank you.
Todd B. Hannon (City Clerk): Chair, if I could get the speaker's name.
Chair Russell: Your name, please?
Ms. Ferrell: Lari Ferrell. I live on Brickell Avenue.
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Chair Russell: Did you get it? Is there anyone else here who'd like to speak on just
these items that have been moved so far? Seeing none, I'll close the public comment.
Are there any comments from the dais? Good morning, Mr. -- Commissioner
Carollo. What would you like to address?
Commissioner Carollo: (UNINTELLIGIBLE.)
Chair Russell: Is your microphone on, sir?
Commissioner Carollo: Thank you. We will be taking in this vote CA.5, RE.3, RE.4,
RE.5 --
Chair Russell: And SR. 1.
Commissioner Carollo: -- and SR. 1.
Chair Russell: Yes, sir.
Commissioner Carollo: I'd like to take out separately RE.5.
Chair Russell: Yes; for separate discussion?
Commissioner Carollo: For separate discussion on it.
Chair Russell: Okay. We can have that discussion right now if you'd like. This is
the item asking for the Management to come back with recommendations over 180
days for how we can be more efficient in our design guidelines for buildings over
20,000 square feet, which affects mostly the urban core of downtown.
Commissioner Carollo: Right. What you're asking for is to come back in 180 days -
Chair Russell: With recommendations.
Commissioner Carollo: -- with recommendations. Is this going to be citywide or --?
Chair Russell: Yes; it is citywide for any buildings over 20,000 feet, but nothing will
change --
Commissioner Carollo: Over 20,000 square feet?
Chair Russell: Yes, correct. But nothing will be enacted unless we accept those
recommendations, and we can alter them at that time.
Commissioner Carollo: But that's obvious in that. What is the purpose behind this?
What are we trying to accomplish or get information on?
Chair Russell: I'll go -- Jane, if you'd like. Good morning.
Jane Gilbert: Good morning. Jane Gilbert, Chief Resilience Officer, speaking on
behalf of the Sea Level Rise Committee, soon to be Climate Resilience Committee.
The intention of this resolution is really a concern that the existing buildings,
particularly in our downtown urban core, it's critical to our economy that they are as
resilient as possible, and can get back up and running in the case of a hurricane,
other climatic events. So what the intention is, is to work with some professional
services to ident fy guidelines and incentivize the large buildings to install measures
for flood proofing, energy -hardening, wind -hardening, to make sure that they can be
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back up and running as soon as possible, and where necessary, to update our
building codes.
Commissioner Carollo: Okay. Well, I want to make sure, Mr. Chairman, that this is
not going to be something that will be done under the guise of resilience, and then be
used as a back door to grandfather unpermitted renovations or construction in the
City. If this is all that this is being done for, I can accept that, but I'm laying it right
down in the record. If this is being done so that unpermitted renovations and
constructions somehow can get through, through the back door, I'm going to fight it
to the till. So understand that, because right now, I know that there's a lot of illegal
construction in structures, 20, 000 feet or under, whether commercial or multi family,
and this City's doing nothing about it; looking the other way. And so, I won't say
that we're protecting them.
Chair Russell: Understood. I don't believe this legislation addresses that,
whatsoever. And so, when the recommendations come, we'll go through them with a
fine tooth comb to make sure.
Commissioner Carollo: Okay.
Mayor Suarez: Yeah. And I would suspect, Mr. Chair, that it's the opposite; that it's
actually not to legalize anything that's unpermitted, but on the contrary, to make
things stronger and make it more resilient, so I would agree with the Chair on that.
Commissioner Carollo: I'm going on trust, but --
Mayor Suarez: Sure.
Commissioner Carollo: -- I will confirm --
Mayor Suarez: Got it.
Chair Russell: Thank you, Commissioner.
Commissioner Carollo: -- like Ronald Regan used to say.
Mayor Suarez: Yes, he did.
Chair Russell: Thank you very much. Are there any other questions from the dais
on these items? Thank you. And I'll just say, not to be lost, REs.3 and 5 were also
asking the Public Service Commission to come up with efficiency standards and
incentives to help low-income houses become more efficient. And then, also -- well,
RE.5 we've already addressed. These three are very good pieces of legislation in my
opinion. We don't usually pass resos urging other governments to do things unless it
directly affects our residents. I don't like to waste our time or just, you know, stand
for something. I want us to do something. But in this particular case, if these are
passed at the State and Federal level, it will directly affect our residents and our
future, and our finances. So I'm in favor, of course.
Commissioner Carollo: If I may, Mr. Chairman --
Chair Russell: Yes.
Commissioner Carollo: -- I would like to be added as a sponsor to CA.5, since this
begun [sic] when I was Mayor; also, to RE. 3 and RE.4.
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Chair Russell: Thank you very much. Noted, Mr. Clerk? All right. Any further
discussion on the items? Yes, Commissioner Hardemon.
Commissioner Hardemon: I understand that we're looking at structures above
20,000 feet, right?
Chair Russell: Yes.
Commissioner Hardemon: Is it -- what do you -- do you think there's any value in
also studying existing homes, just normal homes in the City of Miami?
Chair Russell: Yes.
Commissioner Hardemon: And I ask that because, you know, if we're going to be
dealing with flooding, the way that Miami floods, where it's coming upwards -- it's
not necessarily coming necessarily from the bay -- that we start to build in ways that
are resilient. So instead of -- I don't know what the cost would be, but say the cost is
$15,000 to actually -- to build a home that is -- that stands taller than other homes,
where it's resilient to storms or flooding. Is it possible that we --? I want to
basically know, is it worth look -- researching that today so that we know in existing
-- in future building codes, maybe through an amendment or so, that we say, "You
know, maybe we should not build on ground level anymore. We should start to build
higher, even for our single-family homes."
Ms. Gilbert: Absolutely. This is looking at one building type. We actually need to
be looking at all building types and locations throughout the City, and we've already,
on our website, for climate ready, you can go there, and there's instructions for
homeowners to assess their risk and how they can mitigate against that risk. We are
working with the Planning Department to update those guidelines. Right now, a
resident can already elevate their home to the base flood elevation plus one to five,
without any impact on their height restrictions. So that was passed by the
Commission last year, so that enables a lot more. One other thing that the
Administration just submitted a grant request to do -- to help the property owners of
multi family low-income housing to do audits of those properties and make
recommendations for how they can bring their properties up to a more resilient
standard from an energy flood and wind standard.
Chair Russell: Thank you. Jane, would there be an amendment that would not
negatively impact the rest of the legislation with regard to the 20,000 foot number
that would be more inclusive of smaller homes, as well?
Ms. Gilbert: That -- I'd welcome that.
Chair Russell: All right. So the amendment would remove the 20,000, if I'm
understanding you correctly, Commissioner, because right now, this is only directing
them to study the 20,000 and above. But it sounds like your request or
recommendation is to study all home types, all, and see what recommendations the
City has when they come back in 180 days for us on how to.
Commissioner Hardemon: For existing homes, but also for future built homes --
Chair Russell: Yes.
Vice Chair Gort: Yes.
Commissioner Hardemon: -- so it'll be known, right?
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Commissioner Carollo: Commissioner, can we do this in two parts? I think it would
be more appropriate, since it's really going to be two types of studies. For smaller
residential homes, it's a different type of study that they will have to do than for
multi family or commercial properties, 20,000 or more square feet.
Commissioner Hardemon: I don't mind how we get there; I just want to make sure
that we have --
Commissioner Carollo: Okay. Well -- yeah, if we could just --
Commissioner Hardemon: -- the information.
Commissioner Carollo: -- break it down into two separate resolutions.
Chair Russell: Commissioner Gort.
Vice Chair Gort: Yes. We looked at some of the houses that were built here in the
'30s, '40s and '50. They're all about three and four feet. My house was built in 1938.
It's about three feet above the level. So this is something that I'm pretty sure we're
going to have in the Planning Board. It's something that's taking place in the Keys.
Right now, in the Keys, you cannot build anything unless you're five or six feet above
the ground.
Chair Russell: So Commissioner Hardemon's suggesting potentially an amendment
to expand. Commissioner Carollo would like to bring separate legislation to
address. Is there a preference of the body? All right. So then we'll pass this, as is,
and direct Administration to come back with something, also asking for a study on
smaller residences and businesses, as well. Thank you very much, Jane.
Ms. Gilbert: All right. Thank you.
Chair Russell: Is there any further discussion from the dais? If not, please read
SR.1 into the record, please.
The Ordinance was read by title into the public record by the City Attorney.
Chair Russell: Thank you very much. All in favor of the items, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes. Thank you very much.
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CA.6
6457
Department of
Planning
RESOLUTION - Item Pulled from Consent
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ENTER INTO A PROGRAMMATIC AGREEMENT
FOR AN ADDITIONAL FIVE (5) YEARS, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE FLORIDA STATE HISTORIC
PRESERVATION OFFICE, THE ADVISORY COUNCIL ON
HISTORIC PRESERVATION, AND ANY OTHER AGENCY, AS
REQUIRED, TO EXPEDITE THE CITY OF MIAMI'S FULFILLMENT
OF ITS HISTORIC PRESERVATION RESPONSIBILITIES, AS A
RECIPIENT AND ADMINISTRATOR OF FEDERAL FUNDS UNDER
SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION
ACT.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Russell, Gort, Reyes, Hardemon
ABSENT: Carollo
Note for the Record: For minutes referencing Item CA.6, please see "Order of the
Day," and "Public Comment Period for Regular Item(s)."
CA.7 RESOLUTION
6461
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ACCEPT NINE (9) RIGHT-OF-WAY DEEDS OF
DEDICATION, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED ("DEEDS"), FOR
HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE
RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE
CITY CLERK TO RETAIN COPIES OF SAID DEEDS.
ENACTMENT NUMBER: R-19-0383
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.7, please see "End of
Consent Agenda."
END OF CONSENT AGENDA
Chair Russell: I would like to turn our attention to the remainder of the CA (consent
agenda), PH (public hearing), and RE (resolution) agenda. Is there a motion? We
can make amendments or discuss, but is there a motion to block vote those?
Vice Chair Gort: Move CA.
Commissioner Carollo: Hold on, hold on. Let's go easy, you know.
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Chair Russell: So Commissioner --
Commissioner Carollo: Here, the CA, okay.
Chair Russell: So just the CA --
Commissioner Carollo: Yeah. Let's do --
Chair Russell: -- Vice Chairman?
Vice Chair Gort: Yeah.
Chair Russell: So we have a motion to move the remainder of the CA agenda, which
is CA.1, 2, 3, 4, and 7. Is there a second?
Commissioner Carollo: Second.
Chair Russell: Seconded by Commissioner Carollo. Open for discussion.
Commissioner Hardemon: I have some discussion.
Chair Russell: Yes.
Commissioner Hardemon: I pass by, probably along with the Vice Chairman,
Camillus House almost daily. And, you know, I think we give a significant amount of
resources to Camillus House, but I've said it many times before that Camillus House,
to me, especially when I live within walking distance of there, was a bad neighbor.
And they were a bad neighbor, because they have unruly house guests. And what I
mean by that is you would think that the day program exists on the streets that are
connected to Camillus House. And so, when you -- when anyone who visits the area,
you'll see that people are camped out just outside of Camillus House every single day,
every single night. And it perplexes me, because we've spent millions of dollars to
provide a program to provide wonderful -- actually, exceptional living conditions --
better than many of our taxpayers, by the way -- for them to get services, for them who
are camped out there to have healthcare provided for them, daily meals, et cetera.
But instead, what we see in that area is a proliferation of lawlessness in the form of
drug abuse, open sex, and blocking of the sideway -- sidewalks that allows people
who live in the community -- that forces them to walk in the streets, et cetera. They
not only are existing on the streets, but also on the avenues. So if you're walking
north and south on 7th Avenue and you're passing Camillus House, going south or
north, on both sides of the avenue, you'll see that there's a proliferation of these same
individuals that are there. And I don't understand. How is that we can continue to
give so much money to a community partner, but that partner does nothing to assist us
in making sure that their house guests are not all over the street in that fashion? It's
the gateway to Overtown. It's the gateway to Wynwood.
Vice Chair Gort: Health District.
Commissioner Hardemon: It is the gateway to the Health District. It is really a
trifecta in that space. And you continue passing south, and it goes into like our
Spanish community, as well. So I -- it puzzles me how we can continue to give them
money -- and I support giving them money -- but that exists. Many of the things that
they do, I guess, is -- it's just perplexing to me. Even something as simple as when I
read -- you know, I was reading the item, and I think the item talks about -- they call it
the -- within the Camillus House, "Norwegian Cruise Line Campus," right? It's --
that's what it's called. And it -- How much did Norwegian Cruise Line give to have
the naming rights to that space and put their emblem on it? Because, I mean, I don't
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know that number, but I would dare to think that it wasn't more than what the City of
Miami or the redevelopment agencies gave to make that campus a reality. And so,
here we are, even with the branding issue for that, you know. Norwegian Cruise
Lines has this branding effect. We -- but we have -- which is a positive thing -- but we
get the negative aspect, which is the proliferation of these individuals on the street,
and causing this sort of havoc, and none of the positives. That's my two cents worth
on the issue.
Chair Russell: Thank you very much. Are there any further comments on the CA
agenda? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes for CAs.1, 2, 3, 4, and 7; 5 and 6 were
already dealt with.
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PH - PUBLIC HEARINGS
PH.1 RESOLUTION
6450
Department of
Police
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) 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 APPROVING THE PROCUREMENT
OF SOFTWARE, HARDWARE AND MAINTENANCE FROM PEN -
LINK, LTD. CORP. ("PEN -LINK"); ALLOCATING FUNDS FROM CITY
OF MIAMI POLICE ("MPD") GENERAL FUND, SUBJECT TO THE
AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE
TIME OF NEED; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CITY OF MIAMI'S ("CITY") ADDENDUM TO PEN-
LINK'S QUOTE, IN SUBSTANTIALLY THE ATTACHED FORM;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY
AMENDMENTS, AND RENEWALS, SUBJECT TO ALLOCATIONS,
APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN
PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE
PROVISIONS OF THE 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-19-0384
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Chair Russell: Moving on to the RE (resolution) agenda. Is there a will to block -
vote the RE agenda remaining? That is --
Commissioner Carollo: And we got RE.2, right?
Chair Russell: -- PH (public hearing) and the REs.
Commissioner Carollo: Okay.
Chair Russell: So it's PH.1 --
Commissioner Carollo: PH.1.
Chair Russell: -- REs.1, 2, 6, 7, 8, and 9.
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Commissioner Reyes: Would you please repeat -- well, that's --
Chair Russell: Sure. PH --
Commissioner Reyes: -- the way you want it?
Commissioner Carollo: Yeah.
Chair Russell: -- 1.
Commissioner Carollo: Yeah.
Commissioner Reyes: PH.1. Hold on a second. I'm -- remember, I'm old. PH.1.
Chair Russell: Yes. REs.1 and 2.
Commissioner Reyes: RE.1 and 2.
Chair Russell: And then REs.6, 7, 8, and 9.
Commissioner Reyes: 6, 7 --
Victoria Mendez (City Attorney): For RE --
Commissioner Reyes: 7 and 9?
Chair Russell: Yes; 7, 8, and 9.
Commissioner Reyes: 7, 8, and 9.
Ms. Mendez: For RE.1, there has to be something read into the record; some
claratory [sic] -- clarifying language.
Chair Russell: That's fine.
Commissioner Reyes: As to RE.9, I would like to discuss it.
Chair Russell: We can gladly discuss --
Commissioner Reyes: And vote it separately.
Chair Russell: -- separately.
Commissioner Carollo: Yeah.
Vice Chair Gort: Yeah.
Chair Russell: Fair enough. We'll remove RE.9 from this vote.
Commissioner Carollo: I agree.
Chair Russell: Is there a block vote on the remainder of the items? Is there a
motion for "R" -- the PH and the REs, except for RE.9?
Commissioner Carollo: Yes. On RE.8, I think there might have been a mistake here.
This is deallocating 7,500 API (Anti -Poverty Initiative) funds, and reallocating 8,500
to Mayor's share of the API funds. That should be 7,500; it's the same, right?
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Commissioner Reyes: Both ways.
Commissioner Carollo: Yeah.
Chair Russell: We'll check if there's a numerical error there, or if there was an
intention to give more.
Commissioner Carollo: Can we find out? Because if you're taking from one and
you're reallocating, it should be the same amount.
Chair Russell: Yes. Good morning.
Sandra Bridgeman: Sandy Bridgeman. Correction. It's 8,500. It's from three
different organizations that did not produce the documents. And it -- the total of it is
8,500.
Commissioner Carollo: Okay.
Chair Russell: But you only need to deallocate the 7 from the other one. Okay. So
it is correct in the writing.
Commissioner Carollo: Okay. All right.
Vice Chair Gort: And you are?
Chair Russell: I think -- Repeat your name, please. Thank you.
Ms. Bridgeman: Sandy Bridgeman.
Chair Russell: Thank you very much.
Vice Chair Gort: Thank you.
Commissioner Carollo: All right. I'll make a motion and --
Commissioner Reyes: Hold on a second. I want to make a comment on RE. 7; just --
it's just a plain comment --
Chair Russell: Please go ahead.
Commissioner Reyes: -- that I cannot go to bed if I don't say it. You see, it's ironic
that after going after this man, Administration going after Charlie De Lucca,
accusing him with body -- with threats that they were going to be run out of there
and increasing his level of stress, and that -- I'm not saying that caused his demise,
but I'm pretty sure that will -- that increased his demise, you see, that he died -- that
now we are naming a street after him, proposed by the Administration. It is very
ironic. I will vote in favor, because this man -- not because it was an institution
there -- because he did a hell of a good job. He didn't deserve the treatment that he
received, and I have to say that. He didn't receive [sic] the treatment that he
received from our Administration and our Mayor.
Chair Russell: Thank you.
Vice Chair Gort: Let me add to that.
Chair Russell: Yes, Commissioner.
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Vice Chair Gort: And I agree with Commissioner Reyes. I think the -- this is to
recognize the labor that this gentleman and his family has done for the -- several
individuals, that we have a program which serves quite a bit -- quite a few people,
and that have helped a lot of young people come up today, and receive scholarships
and all kind of benefits because of his services.
Chair Russell: Thank you very much.
Vice Chair Gort: And that's why we're naming the street.
Commissioner Reyes: That's right.
Chair Russell: There's a motion by Commissioner Carollo; seconded by the Chair.
Is there any further discussion on the remaining items?
Commissioner Carollo: Yes. On RE.7, if I could be placed as a sponsor of that,
also.
Chair Russell: Yes. Madam City Attorney, do you need to read something on RE. 1 ?
Ms. Mendez: Erica will. Thank you.
Chair Russell: Hello.
Erica Paschal (Director): Good morning, Commissioners. Erica Paschal, for the
Finance Department. It must be read into the record that for the purpose of RE.1,
which is a refunding of the 2010A Marlins parking revenue, the lender has consented
to the City repurposing one or more of the parking garages now or any time in the
future.
Chair Russell: Thank you very much.
Ms. Paschal: You're welcome.
Chair Russell: Noted for the record.
Todd B. Hannon (City Clerk): My apologies, Chair. Is that amending the
legislation; or, Madam City Attorney, it's as is?
Ms. Mendez: It's amended.
Chair Russell: Thank you.
Mr. Hannon: And Chair, I do apologize. It's my understanding this item needs to
come back for the October 24 City Commission meeting.
Chair Russell: RE.1 ?
Mr. Hannon: Oh, my apologies. All right.
Chair Russell: We're dealing with it now. Does the mover and the seconder accept
the amendment as mentioned on the record?
Vice Chair Gort: I do.
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Chair Russell: Yes. Thank you very much. And then -- All right. Is there any
further comment for those items, PH.1, REs.1, 2, 6, 7, and 8? Seeing none, all in
favor, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes. Thank you very much.
PH.2 RESOLUTION
6505
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
CONFIRMING, AND APPROVING THE CITY MANAGER'S
RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND
INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-
85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR
ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); APPROVING A
RIGHT OF WAY ACCESS AND SERVICE AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE FORM ATTACHED AS
EXHIBIT "B," WITH ILLUMINATION TECHNOLOGIES, LLC
("ILLUMINATION TECHNOLOGIES") TO ALLOW ILLUMINATION
TECHNOLOGIES TO ACCESS CERTAIN RIGHTS OF WAY FOR
THE INSTALLATION OF MULTIPURPOSE POLES TO PROVIDE,
AMONG OTHER THINGS, A VIGILANCE SECURITY NETWORK
INCLUDING A VIDEO VIGILANCE CAMERA NETWORK, FLOOD
SENSORS, AND TAG READERS, ALL AT NO COST TO THE CITY,
WHICH FURTHERS THE INTERESTS OF THE PUBLIC HEALTH,
SAFETY AND GENERAL WELFARE; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN
SUBSTANTIALLY FORM ATTACHED AS EXHIBIT "B," BETWEEN
THE CITY AND ILLUMINATION TECHNOLOGIES, LLC; AND
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ANY AMENDMENTS AND EXTENSIONS
THERETO, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR SAID PURPOSE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Manolo Reyes, Commissioner
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Russell, Gort, Reyes, Hardemon
ABSENT: Carollo
Note for the Record: Item PH.2 was continued to the November 21, 2019, Regular
Commission Meeting.
For minutes referencing Item PH.2, please see "Order of the Day."
END OF PUBLIC HEARINGS
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RE.1
6460
Department of
Finance
RE - RESOLUTIONS
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), RESCINDING RESOLUTION NO. 19-0123
PREVIOUSLY ADOPTED ON MARCH 28, 2019; PROVIDING FOR
THE ISSUANCE OF NOT TO EXCEED NINETY MILLION DOLLARS
($90,000,000.00) IN AGGREGATE PRINCIPAL AMOUNT OF A
CITY OF MIAMI ("CITY") TAXABLE SPECIAL OBLIGATION
PARKING REVENUE REFUNDING NOTE, SERIES 2019 (MARLINS
STADIUM PARKING FACILITIES PROJECT) ("NOTE") AND THE
COSTS OF ISSUANCE THEREOF; APPROVING THE SELECTION
OF THE PRIVATE PLACEMENT PROPOSAL FROM CAPITAL ONE
PUBLIC FUNDING, LLC ("LENDER") AND PROVIDING FOR THE
DIRECT LOAN FROM AND NEGOTIATED SALE OF SAID NOTE
TO THE LENDER; SETTING CERTAIN BASIC PARAMETERS OF
THE TERMS AND CONDITIONS OF A LOAN AGREEMENT AND
THE NOTE AND AUTHORIZING THE NEGOTIATION, EXECUTION,
AND DELIVERY, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY AND BOND COUNSEL, OF A LOAN AGREEMENT,
THE NOTE, AND ANY AND ALL OTHER NECESSARY
AGREEMENTS, DOCUMENTS, AND INSTRUMENTS IN
CONNECTION THEREWITH; MAKING CERTAIN FINDINGS AND
DETERMINATIONS; AUTHORIZING ALL REQUIRED ACTIONS BY
THE CITY MANAGER, CITY ATTORNEY, BOND COUNSEL,
FINANCIAL ADVISOR, AND ALL OTHER CITY OFFICIALS IN
CONNECTION THEREWITH; FURTHER AUTHORIZING THE CITY
MANAGER, CITY ATTORNEY, FINANCIAL ADVISOR, BOND
REGISTRAR, NOTE REGISTRAR, ESCROW AGENT, PAYING
AGENT, AND ALL OTHER NECESSARY CITY OFFICIALS TO
UNDERTAKE THE NECESSARY STEPS AND TO NEGOTIATE,
EXECUTE, AND DELIVER, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY AND BOND COUNSEL, ANY AND ALL
NECESSARY ESCROW DEPOSIT AGREEMENTS, NOTICES,
DOCUMENTS, AND INSTRUMENTS IN CONNECTION WITH THE
DEFEASANCE AND REDEMPTION OF EIGHTY-FOUR MILLION
FIVE HUNDRED FORTY THOUSAND DOLLARS ($84,540,000.00)
OF THE CITY'S OUTSTANDING PRINCIPAL AMOUNT OF TAX-
EXEMPT SPECIAL OBLIGATION PARKING REVENUE BONDS,
SERIES 2010A (MARLINS STADIUM PROJECT) ("SERIES 2010A
BONDS"); DELEGATING AUTHORITY TO THE CITY MANAGER
TO SELECT AND APPOINT THE ESCROW AGENT AND THE
VERIFICATION AGENT; RATIFYING, APPROVING, AND
CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY
MANAGER AND DESIGNATED DEPARTMENTS IN ORDER TO
UPDATE THE RELEVANT FINANCIAL CONTROLS AND
COMPUTER SYSTEMS IN CONNECTION THEREWITH; AND
PROVIDING APPLICABLE EFFECTIVE DATES.
ENACTMENT NUMBER: R-19-0385
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MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Joe Carollo, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record: For minutes referencing Item RE.1, please see Item PH.1.
RE.2 RESOLUTION
6547
Office of Capital
Improvements
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED ON
MAY 29, 2019, PURSUANT TO REQUEST FOR PROPOSALS
("RFP") NO. 18-19-001 FOR JOB ORDER CONTRACTING ("JOC")
FOR HORIZONTAL AND VERTICAL CONSTRUCTION SERVICES,
TO PROVIDE MAINTENANCE AND CONSTRUCTION SERVICES
CITYWIDE, THROUGH ELEVEN (11) AGREEMENTS FOR
HORIZONTAL CONSTRUCTION SERVICES AND TWELVE (12)
AGREEMENTS FOR VERTICAL CONSTRUCTION SERVICES, ON
AN AS -NEEDED BASIS, FOR A PERIOD OF TWO (2) YEARS,
WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE
(1) YEAR PERIODS, FOR A TOTAL ANNUAL COMPENSATION
LIMIT NOT -TO -EXCEED OF TWO MILLION FIVE HUNDRED
THOUSAND DOLLARS ($2,500,000.00) PER CONTRACT;
ALLOCATING FUNDS FROM VARIOUS OFFICE OF CAPITAL
IMPROVEMENTS ("OCI") PROJECTS AND DEPARTMENTAL
BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME
OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE CONTRACT DOCUMENTS, CONSISTING OF THE RFP
DOCUMENTS AND ATTACHMENTS, IN SUBSTANTIALLY THE
ATTACHED FORM, ATTACHED AND INCORPORATED AS
EXHIBIT "B," WITH THE RESPONSIVE AND RESPONSIBLE
CONTRACTORS IDENTIFIED IN EXHIBIT "A," ATTACHED AND
INCORPORATED, FOR SAID PURPOSES; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY
AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO
ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY
APPROVAL, 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 ALL
APPLICABLE RULES AND REGULATIONS, AS MAY BE DEEMED
NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-19-0386
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record: For minutes referencing Item RE.2, please see Item PH.1.
RE.3 RESOLUTION
6176
Sea Level Rise
Committee
A RESOLUTION OF THE MIAMI CITY COMMISSION
ENCOURAGING THE FLORIDA PUBLIC SERVICE COMMISSION
("PSC") TO SET MEANINGFUL ENERGY EFFICIENCY GOALS IN
THE 2019 FLORIDA ENERGY EFFICIENCY AND CONSERVATION
ACT PROCEEDINGS, INCLUDING ESTABLISHING A STRONG
ENERGY EFFICIENCY RESOURCE STANDARD FOR THE STATE
OF FLORIDA, ADOPTING A STRONG DEMAND -SIDE
MANAGEMENT PROGRAM THAT INCLUDES UTILITY REBATES,
AND LEVERAGING FEDERAL WEATHERIZATION ASSISTANCE
PROGRAM FUNDS TO PROVIDE GREATER ASSISTANCE TO
LOW INCOME HOMEOWNERS; PROVIDING FOR TRANSMITTAL
TO THE CHAIRPERSON AND CLERK OF THE PSC AND
AUTHORIZING THE CITY MANAGER TO FILE THE SAME IN
RELEVANT PSC DOCKETS.
ENACTMENT NUMBER: R-19-0375
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 minutes referencing Item RE.3, please see "Order of the
Day," "Public Comment Period for Regular Item(s), " and Item CA.5.
RE.4 RESOLUTION
6009
Sea Level Rise
Committee
A RESOLUTION OF THE MIAMI CITY COMMISSION, URGING
THE 116TH CONGRESS OF THE UNITED STATES OF AMERICA
TO SUPPORT HOUSE RESOLUTION 763, TITLED "THE ENERGY
INNOVATION AND CARBON DIVIDEND ACT OF 2019";
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE OFFICIALS NAMED HEREIN.
ENACTMENT NUMBER: R-19-0376
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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 minutes referencing Item RE.4, please see "Order of the
Day," "Public Comment Period for Regular Item(s), " and Item CA.5.
RE.5 RESOLUTION
6175
Sea Level Rise
Committee
A RESOLUTION OF THE MIAMI CITY COMMISSION, DIRECTING
THE CITY MANAGER TO RESEARCH AND DEVELOP
GUIDELINES AND REGULATIONS FOR EXISTING COMMERCIAL
AND MULTI -FAMILY BUILDINGS WITH 20,000 SQUARE FEET OR
MORE OF FLOOR AREA, IN THE URBAN CORE TO ENSURE A
MORE RESILIENT CITY AND REPORT BACK TO THE CITY
COMMISSION WITHIN ONE HUNDRED EIGHTY (180) DAYS.
ENACTMENT NUMBER: R-19-0377
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 minutes referencing Item RE.5, please see "Order of the
Day," "Public Comment Period for Regular Item(s), " and Item CA.5.
RE.6 RESOLUTION
6574
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), URGING GOVERNOR RON DESANTIS AND
THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT
THE ISSUES ADOPTED AS THE LEGISLATIVE PRIORITIES FOR
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
DURING THE 2020 LEGISLATIVE SESSION; DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO
THE ELECTED OFFICIALS NAMED HEREIN.
ENACTMENT NUMBER: R-19-0387
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record: For minutes referencing Item RE.6, please see "Order of the
Day," and Item PH.1.
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RE.7 RESOLUTION
6538
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING AND
SUPPORTING THE CO -DESIGNATION OF NORTHWEST 37TH
AVENUE FROM NORTHWEST 14TH STREET TO THE CITY OF
MIAMI'S NORTHERN LIMITS AT APPROXIMATELY TAMIAMI
CANAL, MIAMI, FLORIDA AS "CHARLES DELUCCA JR. WAY" BY
MIAMI-DADE COUNTY; FURTHER DIRECTING THE CITY CLERK
TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO
THE HEREIN DESIGNATED OFFICES.
ENACTMENT NUMBER: R-19-0388
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record: For minutes referencing Item RE.7, please see Item PH.1.
RE.8 RESOLUTION
6587
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, DE -
ALLOCATING ANTI -POVERTY INITIATIVE ("API") FUNDS
AWARDED IN AN AMOUNT NOT TO EXCEED TWO THOUSAND,
FIVE HUNDRED DOLLARS ($2,500.00), PURSUANT TO
RESOLUTION NO. R-18-0267 ADOPTED ON JUNE 28, 2018, AS
SPECIFIED HEREIN; RESCINDING IN ITS ENTIRETY
RESOLUTION NO. R-18-0414 ADOPTED ON SEPTEMBER 27,
2018, THEREBY DE -ALLOCATING API FUNDS IN THE TOTAL
AMOUNT OF FIVE THOUSAND DOLLARS ($5,000.00) THAT WAS
PREVIOUSLY AWARDED; REALLOCATING EIGHT THOUSAND
FIVE HUNDRED DOLLARS ($8,500.00) TO THE MAYOR'S SHARE
OF THE CITY OF MIAMI'S API FUNDS.
ENACTMENT NUMBER: R-19-0389
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record: For minutes referencing Item RE.8, please see Item PH.1.
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RE.9 RESOLUTION
6591
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, EXTENDING
THE MOTORIZED SCOOTER PILOT PERMIT PROGRAM FOR AN
ADDITIONAL FOUR (4) MONTHS FROM APPROXIMATELY
JANUARY 1, 2020 TO MAY 1, 2020; FURTHER AUTHORIZING
THE CITY MANAGER TO DEVELOP A COMPETITIVE
SOLICITATION FORA PERMANENT MOTORIZED SCOOTER
PROGRAM, SUBJECT TO REVIEW AND APPROVAL BY THE CITY
COMMISSION PRIOR TO ISSUANCE, TO BE CONSIDERED FOR
AWARD AT OR ABOUT THE CONCLUSION OF SAID EXTENSION.
MOTION TO: Adopt
RESULT: MOTION DIED FOR LACK OF SECOND
Note for the Record: A motion was made by Chair Russell to approve Item RE.9;
however, motion died for lack of a second.
For directive referencing item RE.9, please see item NA.2.
For additional minutes referencing Item RE.9, please see Item PH.1.
Chair Russell: RE.9, extension of the Scooter Program. If I could just say a word.
My hope here is to buy us the time to make sure we can make the changes that are
needed to make this program regulated, and as safe as possible. What I realized in
the last vote on this item, we were not able to capture the amendments that I had
read on the floor. So I would like to ask the body, just pass this to buy us the time.
It's sim -- it's a resolution just extending the time, and then direct the Management
to bring back an ordinance that will address the safety issues and the littering
issues of the scooters, including the fines for parents who let their children use it;
everything that was on the -- it was encapsulated in the record last time. But I need
that ordinance, and there may be some more coming. I'll be dealing with some of
the scooter companies to work on some of the different amendments. And I would
also like to direct the Administration to begin crafting an RFP (Request for
Proposals); work with my office and any other Commissioner who's interested so
that if the will of this body is to issue that RFP, it will be ready in time by the end of
the pilot, so there's no interruption of service. So that's the only request I have on
RE.9. So is there a motion on RE.9? I can pass the gavel, but I need to know if I'm
going to get a second; otherwise, we'll just let it go. I'll give it a shot. We're going
to pass the gavel. Is there a motion?
Commissioner Carollo: I thought you said before when you started the meeting,
you know, we shouldn't be repetitious.
Chair Russell: Yes.
Commissioner Carollo: You said you needed to know. And then when --
Chair Russell: I know. Well, aft nobody spoke, so I'm going to go for it.
Commissioner Carollo: (UNINTELLIGIBLE) you decided to pass the gavel.
Chair Russell: Nobody spoke, so.
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Commissioner Carollo: I'm just reminding you (UNINTELLIGIBLE) repetitious
(UNINTELLIGIBLE).
Vice Chair Gort: There's a motion.
Chair Russell: Yes. I'd like to move --
Vice Chair Gort: Is there a second to the motion?
Chair Russell: -- RE.9, please.
Vice Chair Gort: Is there any second? Any second? Seeing no second, the motion
is dead for --
Chair Russell: Thank you very much. So we have two months then.
Commissioner Hardemon: Help me understand --
Chair Russell: Yes.
Commissioner Hardemon: -- why this resolution is important, because we just
extended it two months last time.
Chair Russell: Yes.
Commissioner Hardemon: And in that extension, you wanted six months. So this is
an additional four months, which will make moot, basically, that deal.
Chair Russell: You're bringing it back to the six. So we need -- and I -- what I
should have asked you in that last -- the sec -- the ordinance that you brought --
well, no; it was a resolution that you brought. So when the ordinance was voted
down, I was not able to bring in the amendments that are needed, and the
amendments that I said on the floor are just the start, because several of the scooter
companies have asked -- and you know what? I did forget. On this item, I did want
an amendment, because I believe the financials are misstated in the way the
resolution is written. This resolution, if passed as it were, would have charged the
companies 50,000 apiece every time we extend, and that was not the spirit or
intention. It was intended to be $50, 000 over the life of the six-month period. So in
what we were able to pass in the last meeting, the ones who are involved are being
charged, but that wasn't my intention in this extension; it's just to buy us the time to
bring the safety ordinance, which we absolutely need, because a kid will get hurt if
we don't start penalizing parents who violate the system. They are littering the
sidewalks; and so, we need those hubs where we incentivize residents to leave the
scooters and the companies to leave the scooters out of the right-of-way, or out of
the way of folks in ADA (Americans with Disabilities Act). So I just don't know that
the two -month is enough to bring the two readings of an ordinance without
interrupting the program. It's definitely not enough time to get the RFP in place
before the pilot would end.
Commissioner Hardemon: And so --
Commissioner Reyes: Mr. Chair?
Chair Russell: Just a moment, Commissioner. Commissioner Hardemon.
Commissioner Hardemon: Let him go.
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Chair Russell: Commissioner Reyes.
Commissioner Reyes: Mr. Chair, it is obvious that there is a lot of rejection to the
use of scooters. You just heard a lady that lives -- and I have a lot of other
complaints that they have come to me. It is very dangerous. And I think that you
are trying to buy time. And buy time -- I think that we would have to do -- and I'm
willing to place -- I mean, a motion to kill this project right away; I mean, just to do
away with it until we find a way to make it safe, because this is not safe,
whatsoever. It litters our streets. The major streets in the United States and the
world, they are buying this type of transportation, because it is dangerous. People,
they act -- I mean, they don't follow any laws. Being in Coconut Grove with my
wife, and that lady reminded me of it -- there was this guy -- it wasn't a kid. It was
a young man. It was a -- well, I call it a young man, because anybody that is
younger than me is a young man, and I am very old -- and was riding on the street,
and my wife was talking to a friend on the streets, and he almost ran over her. And
instead of saying, "Excuse me, "started [expletive] at my wife --
Vice Chair Gort: By the way --
Commissioner Reyes: -- for being on the street -- I mean, being on the sidewalk.
I'm sorry.
Vice Chair Gort: -- we're not older; we're better.
Commissioner Carollo: Well, thank you.
Commissioner Reyes: We have a lot of --
Chair Russell: One at a time, please.
Commissioner Reyes: Yes.
Commissioner Carollo: Thank you for calling me a young man. I appreciate it.
Commissioner Reyes: You are a young man. But I think that from all that we have
heard, all the experiences that we have had, I don't think that any of the other
Commissioners -- I mean, I'm talking about myself. I don't want to see it in my
district. And also, although it is banned on my district, I find scooters in my
district, that they cross from Coral Gables, littering the sidewalks -- I mean
obstructing the sidewalks, littering the streets, you see? And in Paris, when they
outlaw it, it says that it was going to -- they have become a jungle, a jungle. That
was -- and they outlaw it right off the bat; said, "We don't want it here anymore,"
see, because it was uncontrollable. And all these controls that you -- they want to
add on, like, for example, let's fine the parents. How come you going to fine the
parents and you don't -- I mean, you see the kids, that they are riding it, and what
are you going to do? Are you going to stop them?
Chair Russell: No.
Commissioner Reyes: We haven't been stopped yet, and you see parents with a
toddler in front of them, riding these scooters. I mean, it's incredible how people --
how these scooters, what they -- I mean, and the people that ride them, how they
act; and people that they don't perceive the danger of one of these scooters hitting a
kid or an old person and killing them, see? And this is an accident waiting to
happen, and a fatality waiting to happen. I don't want that on my conscience, so --
Chair Russell: Thank you, Commissioner. I'd just like to --
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Commissioner Reyes: -- I am totally (UNINTELLIGIBLE).
Chair Russell: Thank you, Commissioner. I'd just like to respond. The
amendment, just to make it clear, allows for a serial number on every scooter, and
any photo or video of a child riding a scooter can be traced back directly to the
user account. And the amendment that I was proposing would impose a hundred -
dollar fine on the account user for letting someone else use their account; and that
would include double -riding, as well. And so, we're addressing the safety
problems, but the truth is, we've had -- of the two people that came to speak today,
the people who aren't speaking are the 1 million riders in the last six months who
have used this system successfully. We have had -- in the last six months, we've had
fatalities by car, we've had fatalities by bike, we've had fatalities of pedestrians. We
have not had a fatality, thank God, on scooters; nor have we had one single major
accident.
Commissioner Reyes: But you have to --
Chair Russell: This is -- please, I'm not finished. There -- this is an option for us,
and I'm trying to bring more regulation to make it as safe as possible to see if it's
successful. The usage is proving its potential for success. The regulations we bring
in can prove the potential for safety. So that is my hope, and I just don't know that
two months is enough time for us to create the ordinance or the RFP to bring in all
the amendments that would need the right safety, but I'll give it a try.
Vice Chair Gort: Mr. --
Chair Russell: Yes, Vice Chairman.
Vice Chair Gort: -- Chairman, I don't have any problems expanding the two
months that we approved before. But I'd also like to know how many times have we
-- how many suits have we had so far?
Ms. Mendez: We have about three claims.
Vice Chair Gort: Three claims that we have already from the scooters. I'd like to
see -- in the two months to see -- my understanding is that -- their responsibility --
for them to defend that.
Ms. Mendez: The -- based on your multiple requests to make sure we had a robust
indemnification, it has been that we just tender it over to the scooter company, and
they handle it.
Vice Chair Gort: So I want to see what their reaction is in two months.
Commissioner Reyes: Through the Chair.
Vice Chair Gort: I know I'm not going to be here, but just -- I want to make sure.
Chair Russell: Thank you very much.
Commissioner Reyes: Through the Chair.
Chair Russell: Yes.
Commissioner Reyes: And we got two months. Let's see how much improvement
we're going to have in two months. You see, it's plenty of time, plenty of time to
correct or try to avoid the accidents that we're going to have. And I know -- well,
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there is -- they are -- I know a person that fell and broke an arm. I have a person
that was run by -- I know persons that they live in Brickell Avenue and they -- when
this guy -- I mean this person has a toddler, and when they go on the streets, he is
always on the lookout for -- when they're trying to be with a carrier and his son and
his wife just taking a stroll. You see, they have to be on the lookout constantly, but -
- for people that are riding these scooters, and that they could really hurt them.
Chair Russell: Understood. Mr. --
Commissioner Reyes: You got two months.
Chair Russell: Commissioner Hardemon.
Commissioner Hardemon: So I'm not sure if there's a user problem or if it's really
a company problem.
Chair Russell: A -- what problem? I couldn't hear the second part.
Commissioner Hardemon: A user problem; like a user problem, someone -- when
you see --
Chair Russell: The riders.
Commissioner Hardemon: -- the riders, or it's the actual companies that are
causing us more headache, but I know there's a problem. And I'll give you an
example. Yesterday, I was in the Midtown area, which, of course, is a district that
you and I -- we border each other on North Miami Avenue. And so, I took a
picture, because there were six scooters that were along a pedestrian sidewalk. It's
wide enough where -- and, you know, in the Midtown area, you can -- a lot of
people can pass at one time; they have huge sidewalks. But the space that it was at
-- and I have the picture to show it -- is the loading zone that is just near the Home
Goods. And if you know that loading zone, there's a street that's just adjacent to it,
where the cars pass by in one direction. And so, the problem that I found with all
the scooters being lined up there is that you, by and large -- First of all, we know
that it's very difficult for parking and transporting items in that area, so if you --
people, especially tourists coming in that area, and they buy large pieces of --
pieces, and they park on the street, they find that their cart is stopped -- right? --
they -- beyond a certain area, so they can't push their shopping cart out. And so,
they're forced many times to carry these large items with -- by -- through
manpower. And so, Home Goods, though, has that little space that they were smart
enough to say, "Okay, well, let's use this space to allow people to park in that
area," because you can't park there unless you are loading or unload -- well,
loading or unloading, "and we'll put their items in their car." Well, with the
scooters parked there, you can't even get past. You can't get to that spot. And so,
the only way you're able to get to that car is if you walk into the street. You have to
walk around the car on the corner. So once you're on the -- there's places on the
corner; they're looking at traffic heading southbound and heading westbound at the
same time. You're kind of walking around into that space to put the stuff into the
car. That's just one situation. I -- so here, with this resolution, you know, with --
the thing that I'm worried about is this: Extending it, the amount of time that we
just agreed that we were not going to extend it to, but moreover, I like the fact that
we want to look towards an RFP. I don't know which way I would be on an RFP,
but at least we'll be able to say -- instead of there being, say -- I don't know how
many companies there are, but say there's seven companies.
Chair Russell: Yeah.
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Commissioner Hardemon: And that's what makes it seem like it's the Wild, Wild
West. If there's one company that will come up -- rises out of all that, or two
companies, at least then we'll know -- "Okay, we have a scooter problem. It's with
this company"; not that, "Hey, there was a scooter that passed me. What color was
it? I don't know. It was yellow, it was blue, it was going fast," you know. I think
that's part of our issue. And I think having an RFP would kind of help drill it down,
and I think -- and during that time, we could look at safety and all those other
things that make it work. And so, that's where I am. It's like I'm -- I just want at
least to be able to know who is who, what's what. And, you know, even seeing a
serial number on a scooter, I mean, good luck. Good luck. I mean, you could
barely see a tag number on a car. And so, those scooters are zipping past. You
don't know where they are, or where to find it. It's like trying to read a serial
number on a dirt bike. You know, it just -- it's -- I don't think it's going to really be
effective. And so, that's where I am. So I -- you know, if we could give direction to
start the process for the RFP so that in the two months we can make a decision
about that, I think that'd be good.
Commissioner Carollo: Yeah.
Commissioner Hardemon: If we're not there yet at that two -month period, you
know, I'd be willing to extend for an additional two, you know, possibly, to see some
sort of RFP come through, because I -- there are good parts to -- I almost got on a
scooter this weekend. I was in Tallahassee -- I think it was this weekend or this
past weekend. I was in Tallahassee, and, you know, Tallahassee is the highest
(UNINTELLIGIBLE) hills, so they're very large hills. And my knee is kind of
hurting me still, so I wanted to ride the scooter up, but I resisted, and I was sweaty
by the end of it. But, you know, we have these tools at our fingertips. I didn't get on
it, but at the same time, they were there. They were not as numerous, though, even
on a college -- you know -- college campus -- as they are here in Miami. And I
don't know if they're having any problems up there. But I'm still open to the idea of
scooters being in Miami. But, you know, the way that they are right now under this
pilot program, I'm just not satisfied with it.
Chair Russell: Thank you. I understand, Commissioner --
Commissioner Carollo: Well --
Chair Russell: -- and I appreciate your willingness. Mr. Manager, I have a
question for you. How much time would it take to put together an RFP? Or maybe
Annie can help.
Commissioner Carollo: Tomorrow he could have it for you.
Emilio T. Gonzalez (City Manager): Let me -- Annie, go ahead. I -- okay.
Annie Perez (Director, Purchasing): Good -- it's still morning. Good morning,
Commissioners. We could as -- so as long as we get a scope of services, we can
start drafting the RFP, and that could be done within two months. Where it gets
tricky is actually going out and -- you know -- advertising and evaluating, and that's
where the time is most spent.
Chair Russell: So I think most important is getting that RFP right, so if you can
bring us within the two months an RFP, we will be needing an extension, because at
that point, then we go out for bids --
Ms. Perez: Exactly.
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Chair Russell: -- then we have to award, and that's probably another few months?
Ms. Perez: That's probably another -- it could take, you know, anywhere from three
months, around three months.
Chair Russell: So that would total five; that's why my objective of the six-month
pilot extension was to get the RFP completely done and awarded by the end of the
pilot so that we could then work with less companies, with more organization; and
definitely, the safety rules. Now, thank you for that answer. But, Mr. Manager, my
problem is the safety issue.
Later...
Chair Russell: Commissioner -- Vice Chairman Gort.
Vice Chair Gort: Question: I know you're working on expediting the process,
procurement process that we have. We've been working on it for a long time now,
Why it will take three months or two months is because of State legislation or
because City codes or zoning requirement?
Annie Perez (Director, Purchasing): Well, if we want to get the RFP right --
Vice Chair Gort: Right.
Ms. Perez: -- we want to make sure that there's a good scope, that we include
everything that needs to be included in there, anything that's regarding safety. We
want to make sure that it's a good, you know -- when we bring it to you, we want to
make sure it's in the most -- best final draft that we can, so that's why -- We can do
that within the two months.
Vice Chair Gort: I understand that, because if you get all the input from us, the
Commissioners, you can get a lot of the input that you're looking for. I mean, we
stated before in the different meetings what they were looking for, and in each one
in here make the statement, what they would like to see in that.
Ms. Perez: Okay.
Vice Chair Gort: Okay. Thank you.
Commissioner Reyes: Mr. Chair?
Chair Russell: Thank you very much. Commissioner Reyes.
Commissioner Reyes: Mr. Chair, clarify this. If we go for an RFP, we vote that we
want you to bring an RFP, doesn't that implicitly means that we agreed on bringing
them back and using them on the streets of Miami? Because we're asking people, I
mean, to bid on their services. That means that, implicitly that we want to bring
them and have them on our streets. So I will not be able to -- I mean, I don't think
we should be voting on -- or bringing an RFP. And by the way, an RFP could be
brought if we vote for it, right?
Chair Russell: Correct.
Commissioner Reyes: You see? And I'm not willing on voting for an RFP, because
what we're doing now, it is just going around it, bringing an RFP, which will mean
that we want these scooters on the streets of Miami.
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Chair Russell: Yes.
Commissioner Reyes: I, for one, don't want them, you see? So I would be voting --
I think that we should bring this up if we're going to have an RFP or a vote. Am I
right or wrong, Madam City Attorney?
Victoria Mendez (City Attorney): Are you voting -- I think the main question is, are
you voting for her to proceed forward with an RFP?
Commissioner Reyes: No, no. In order for her to bring an RFP, it requires a vote
from the Commission.
Chair Russell: No.
Ms. Mendez: No. What requires a vote is for you to accept it and award it and --
Commissioner Reyes: Okay.
Ms. Mendez: -- put in into place --
Commissioner Reyes: Okay. I stand corrected.
Ms. Mendez: -- and not necessarily (UNINTELLIGIBLE).
Commissioner Reyes: I stand corrected, because I thought that in order for us to
request an RFP for anything that we're going to do, it had -- the directive have to
come from the Commission.
Ms. Mendez: You are correct if it's City property. You're correct.
Commissioner Reyes: Okay, if it is on City property?
Ms. Mendez: Yes.
Commissioner Reyes: Okay. And this is, which is general --
Ms. Mendez: In general, normally, the Administration works on RFP ideas, or you
could direct RFP ideas if you have any.
Commissioner Reyes: Okay, okay.
Ms. Mendez: And then she works on it.
Commissioner Reyes: I --
Ms. Mendez: She sends it to you and --
Commissioner Reyes: -- just want to make it clear, because if it is -- if it wasn't
clear -- because I'm not voting for it anyways.
Chair Russell: The award would need to be voted on. Vice Chairman.
Vice Chair Gort: Also, we can -- as they meet with you, you can put your
requirements; part of the RFP, you can take your district out of it.
Commissioner Reyes: No. That's -- that is a fact. I just wanted to know that.
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Chair Russell: Thank you.
Commissioner Carollo: (UNINTELLIGIBLE) --
Chair Russell: I think direction has been clear. Commissioner Carollo.
Commissioner Carollo: Thank you. I finally got to put my two cents into this. I
have looked throughout the United States, throughout other parts of the world that
have these scooters. I have really looked into it, and there's only one way that we
can make this safe, and that's the only way that you're going to get my vote.
Chair Russell: What way is that, sir?
Commissioner Carollo: Voting it down. That's the only way that you could make
this program safe. If you keep allowing this program to go forward, we're going to
have not only a lot of problems in the area of lawsuits and so on, but you're going
to have serious injuries, and hopefully, not a death. Let me read this into the
record. This is June 3, 2019. Eight deaths now tied to these scooters. "At least
eight people in the U.S. (United States) have died while using a rentable scooter
since the fall of 2017, Consumer Report has suggested. Earlier this year, a
Consumer Report investigation, which tabulated injuries from 110 hospitals in 47
U.S. cities" -- that's only 110 hospitals, and it only covered 47 cities; not all the
cities have scooters -- 'found that at least 1,500 riders have been injured since
these scooters were introduced in late 2017." This other one is even more reason
than this June 2019 report that I read. This is from the Daily Mail in the United
Kingdom. It says, "It was here at Queen Circus, just south of the" --
(UNINTELLIGIBLE) in London, Battersea -- "that 35-year-old TV (television)
presenter and YouTube star, Emily Hartridge, lost her life eight days ago." She's --
it said she had been in a collision with a lorry as she circled a roundabout while
riding an e-scooter, bought for her by her boyfriend as a birthday present less than
a week before. Gentlemen, the only way you can make this safe is by not approving
it. This is worldwide; not just in Miami. And as I stated before, I am not going to
have on my conscience if any young person or older person gets seriously hurt or
gets killed, because we have let this program proceed.
Chair Russell: But we're okay with bicycles, which are offering more fatalities
nationwide and worldwide than scooters and automobiles and pedestrians?
Commissioner Carollo: Well, maybe we should approve tanks; that we could, you
know, put tanks in the streets --
Chair Russell: Operating --
Commissioner Carollo: -- with no live rounds.
Chair Russell: There is inherent risk operating anything in our City -- in our
streets, and I believe that we, as a city, have brought forth the safest program in the
country, and that's why we are seeing less injuries than anywhere else in the
country, and I'd like to make it safer. I don't think we're doing this carelessly. I
think we've been very, very thorough about this. I know I will not have a consensus
of this Commission, but I'm telling you, the million riders, of which some are using
irresponsibly -- just like cars and bikes and everything else -- are making a
difference in our City with regard to congestion and options for them not using
cars. So I'll continue to seek your support, and I will continue to by to make it
safer. And I --
Commissioner Carollo: Well --
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Chair Russell: -- appreciate that the Management has direction now to come back
with something --
Commissioner Carollo: -- one --
Chair Russell: -- to achieve both.
Commissioner Carollo: -- last statement I'd like to make on this. I have seen how
many of these riders, maybe even a majority of these riders, have a total disregard
for the safety of others in the sidewalk, in the streets. They don't care about traffic
laws or any other kind of laws on the sidewalk. It's Dodge City, the Wild Wild
West, in how they ride them. In my district, in areas extremely far from our
boundary line in West Brickell and 1st Avenue, I've seen them riding them.
Biscayne Boulevard, the main thoroughfare, the main boulevard, not just the City of
Miami, but of all Miami -Dade County, in front of Bayfront Park, Ferre Park,
Bayside, it looks like we have a secondhand bicycle -- scooter/bicycle lot. The only
thing that's needed is just, you know, "For Sale." I mean, there are dozens and
dozens and dozens just thrown anywhere. You go through -- it looks horrible. You
go through Brickell and other parks, you find the same thing. So, you know, I
cannot vote for this. And the only way that, no matter how you try to fix it that you
could make this safe is by not approving it.
Chair Russell: Thank you very much. Moving on, SR.2. This is consolidating
boards and committees.
Commissioner Hardemon: Before you we move on, like I just want to make clear, if
-- I think the RFP is a way that we can perfect maybe what the offer is, and that's
why I'd be willing to be see the RFP, to decide if we want to, in fact, move forward
with a program or not. So that's why I'm interested in seeing the -- at least that
offer of what the City would make a request for, if we were going to move forward
with the decision with the scooters. So I still think that you should move forward
with that. I don't think you need direction for that.
Chair Russell: Thank you. Please work closely with both offices, as it's going to be
most policy decisions within that RFP that decide whether it's going to be
successful or not; where, how many companies, what the caps are; everything we're
learning from the pilot. All right. Thank you very much for a vigorous discussion
on scooters.
END OF RESOLUTIONS
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SR - SECOND READING ORDINANCES
SR.1 ORDINANCE Second Reading
6011 AN ORDINANCE OF THE MIAMI CITY COMMISSION RENAMING
Office of the City THE "MAYOR'S INTERNATIONAL COUNCIL" TO THE "MAYOR'S
Clerk COUNCIL ON GLOBAL COMPETITIVENESS" BY AMENDING
CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF
BOARDS GENERALLY," MORE PARTICULARLY BY AMENDING
SECTIONS 2-887(B) AND 2-892(4)(A)(1) TO CHANGE
REFERENCES TO THE "MAYOR'S INTERNATIONAL COUNCIL"
TO THE "MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS";
AMENDING CHAPTER 2/ARTICLE XI/DIVISION 3 OF THE CITY
CODE, TITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/MAYOR'S INTERNATIONAL COUNCIL," TO
CHANGE THE NAME OF THE "MAYOR'S INTERNATIONAL
COUNCIL" TO THE "MAYOR'S COUNCIL ON GLOBAL
COMPETITIVENESS"; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
ENACTMENT NUMBER: 13863
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 SR.1, please see
"Public Comment Period for Regular Item(s), " and Item CA. S.
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SR.2 ORDINANCE Second Reading
6155 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Office of the City CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI,
Clerk FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"ADMINISTRATION/BOARD, COMMITTEES, COMMISSIONS," TO
REALIGN THE MIAMI COMMISSION ON THE STATUS OF
WOMEN, THE PARKS AND RECREATION ADVISORY BOARD,
THE CITY OF MIAMI BEAUTIFICATION COMMITTEE, THE
EDUCATION ADVISORY BOARD, AND THE SENIOR CITIZENS'
ADVISORY BOARD INTO THE QUALITY OF LIFE AND HUMAN
RIGHTS COMMITTEE ("COMMITTEE"); MORE SPECIFICALLY BY
ADDING DIVISION 6, SECTIONS 2-1011 TO 2-1019 TO CREATE
THE COMMITTEE; REPEALING IN ITS ENTIRETY DIVISION 8,
TITLED "MIAMI COMMISSION ON THE STATUS OF WOMEN;"
REPEALING IN ITS ENTIRETY DIVISION 11, TITLED "PARKS AND
RECREATION ADVISORY BOARD;" REPEALING IN ITS
ENTIRETY DIVISION 13, TITLED "CITY OF MIAMI
BEAUTIFICATION COMMITTEE;" REPEALING IN ITS ENTIRETY
DIVISION 20, TITLED "EDUCATION ADVISORY BOARD;"
REPEALING IN ITS ENTIRETY DIVISION 23, TITLED "SENIOR
CITIZENS' ADVISORY BOARD;" CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13864
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record: For additional minutes referencing Item SR.2, please see
"Public Comment Period for Regular Item(s)."
Chair Russell: SR.2, if we could move on. Is there a motion for SR.2?
Commissioner Carollo: Well, there could be a motion if we take out the
Commission of [sic] Status of Women. I've spoken to Commissioner Higgins. She
is opposed to the inclusion of the Status of Women in this new refining of these
boards. I think she's right. I oppose that, so I -- if we could take that out. I don't
mind including the others, but --
Chair Russell: Thank you, Commissioner.
Commissioner Carollo: -- I can't vote on it the way that it is.
Chair Russell: Thank you. Vice Chairman.
Commissioner Reyes: Mr. Chair? Oh.
Chair Russell: Vice Chairman, and then Commissioner Reyes.
Vice Chair Gort: Commissioner Carollo, I understand Commissioner Higgins'
worry, but at the same time, if we look at the history of what the -- when we were
here in the '90s, the Status -- the Commission of [sic] Women was a lot different,
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the labor that they were doing; what they're doing now. My understanding, I have
people that I had appointed to that board that, after a while, being to several board
meetings, they walked out. My understanding is, in talking to some of the people I
have there right now, I think they appreciate being able to have input in all the
other different committees they're going to be working with.
Chair Russell: Thank you. Commissioner Reyes.
Commissioner Reyes: Yes. Todd, please, could you please explain what effect it
will have on Commission on the Status of Women? I mean, because -- as we -- we
discussed this subject before, and you told me that they -- the Status of Women
Committee, it was not going to be eliminated.
Todd B. Hannon (City Clerk): They will not; no, sir.
Vice Chair Gort: Yeah.
Commissioner Reyes: Okay. Could you explain what are you doing?
Mr. Hannon: Yes, sir. And I believe there was a previous member of the
Commission on the Status of Women, Renita Holmes, who did make mention that
she was in support, because currently, we have a large number of single subject
boards. You could -- you can make the argument that it's not the board members'
fault that they haven't been able to maybe do more than they have, because they're
restricted by their scope. And by realigning the boards, not only will the City save
over $600,000 in the first 10 years alone; the board will be empowered now to be
able to look at many different areas where women are impacted. They will be --
have access to vast resources, more so than they do now, from the standpoint of
bringing in the Parks Director, whether it be seniors, whether it be beautification,
education. This board has not met quorum in September, nor did they establish
quorum in October. And again, that's not a reflection on the board members. I
think it's more a reflection on the fact that they're just limited now in what they can
do. If you look at their agendas from previous meetings from the beginning of this
year, they've looked at potentially bringing forth a bilingual center. And so, to me,
if you empower the board now to be able to work with education and the parks, it
seems as though it's a natural fit.
Commissioner Reyes: What will be (UNINTELLIGIBLE) -- I mean, how that
board's going to be called?
Mr. Hannon: We could -- if the Commission agrees, we could call this board the
"Commission on the Status of Women and the Quality of Life Committee."
Commissioner Reyes: So that the Status of Women will not be --
Mr. Hannon: It will not be (UNINTELLIGIBLE).
Commissioner Reyes: -- (UNINTELLIGIBLE). And what will happen to the ladies
that are appointed at the present board?
Mr. Hannon: Well, there haven't -- their attendance hasn't, you know, been the
best, but they would need to approach their Commissioners to see if they can be
appointed to this empowered board.
Commissioner Reyes: To this group that will empower women more, and they will
be able to do more than -- on the present status of the (UNINTELLIGIBLE) ?
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Mr. Hannon: Yes, sir.
Commissioner Reyes: Okay.
Chair Russell: Would you like to offer an amendment to the name of the board?
Commissioner Reyes: Yes. I would love -- I mean, at that -- I want the board to be
named just as you stated.
Mr. Hannon: Understood, sir.
Chair Russell: Would you like to make the motion?
Commissioner Reyes: Yes. I make a motion.
Chair Russell: All right. Seconded by the Chair. Further discussion?
Commissioner Hardemon: I think that's a bad name.
Chair Russell: A bad name?
Commissioner Hardemon: Yeah. The name of it right now is the "Quality of Life
and Human Rights Committee." Are we going to just say the Commission of -- the
Commission --
Commissioner Reyes: The Status of Women --
Commissioner Hardemon: -- on the Status of Women/Quality of Life and Human
Rights Committee?
Mr. Hannon: Oh, no, no, no. It would be the "Commission on the Status of Women
and the Quality of Life Committee."
Commissioner Hardemon: So we think that the Commission on the Status of
Women is one of the most important boards of all the boards that's being
consolidated?
Mr. Hannon: I think it just reflects the importance that this City places.
Commissioner Hardemon: On women?
Mr. Hannon: Yes, sir.
Chair Russell: If we're honest, there's an optics issue here, because there can be
said a position that we are (UNINTELLIGIBLE) board or diminishing the input of
women, but this very board has made it known through their minutes --
Commissioner Reyes: That's right.
Chair Russell: -- if I read correctly, that they are in support of this consolidation --
Vice Chair Gort: Right.
Commissioner Reyes: Yeah.
Chair Russell: -- that it would give them a broader scope.
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Commissioner Reyes: Absolutely.
Chair Russell: And now you would have women sitting on a broader committee
that can weigh in on various subjects and be a part of those committees. So I do
believe in bringing the name to be inclusive of women --
Commissioner Reyes: To be inclusive of women.
Chair Russell: -- of the entire -- over the entire board. It's not saying one's more
important than the other issue, but it's a consolidation; not a diminishment.
Commissioner Hardemon: No, I understand. I mean -- Look, I appoint women to
different positions, and not just necessarily the Commission on the Status of
Women. All right? So I think women are important decision makers -- persons as
decision maker. It is our -- I don't think that women will be as inclusive of men. I
think there used to be a man on the Commission on the Status of Women. I think he
qualifies to be on there, but he's no longer there, but that's neither here nor there.
All I'm saying is that this is about consolidating the bodies. I think we took one
organization out, and I want to make sure that organization's still out, and that's the
Chair Russell: CRB (Community Relations Board).
Commissioner Hardemon: -- CRB. So the CRB is removed from the ordinance.
And so, we want to make that clear on the record, because what they were doing is
a different purpose necessarily than what the other boards are doing. Thank you.
Victoria Mendez (City Attorney): So just to be clear, what is this new title, the
Commission of the Status of Women and the Quality of Life and Human Rights
Committee?
Mr. Hannon: Ma'am, it'll be the "Commission on the Status of Women and the
Quality of Life Committee."
Chair Russell: Thank you. Mover and seconder agree to the amendment. Any
further discussion? All in favor, say "aye."
Mr. Hannon: Chair, the title.
Vice Chair Gort: Ordinance.
Chair Russell: It's an ordinance. Thank you.
Ms. Mendez: "An ordinance of the Miami City Commission amending Chapter
2/Article XI of the Code of the City of Miami, Florida, titled
Administration/Boards, Committees, Commissions," to realign the Miami
Commission on the Status of Women, the Parks and Recreation Advisory Board, the
City of Miami Beautification Committee, the Education Advisory Board, the Senior
Citizens' Advisory Board into the Commission of the Status of Women" --
Chair Russell: "On the Status of Women."
Ms. Mendez: -- "and Quality of Life Committee."
Mr. Hannon: Commission "on" the Status of Women --
Commissioner Reyes: "On" the Status.
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Ms. Mendez: Okay.
Mr. Hannon: -- "and the Quality of Life."
Ms. Mendez: As Todd has reflected on the record. "More specifically by adding
Division 6, Sections 2-1011 to 2-1019 to create the committee; repealing in its
entirety Division 8, titled `Miami Commission on the Status of Women; " repealing
in its entirety Division 11, titled "Parks and Recreation Advisory Board;;"
repealing in its entirety Division 13, titled "City of Miami Beautification
Committee; " repealing in its entirety Division 20, titled "Education Advisory
Board;;" repealing in its entirety Division 23, titled "Senior Citizens' Advisory
Board;; " containing a severability clause; and providing for an effective date."
Chair Russell: Thank you very much. All in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Carollo: "Aye" to the amendment.
Chair Russell: Any opposed? Thank you. Motion passes.
Ms. Mendez: As amended.
Chair Russell: As amended. That's SR. 2.
SR.3 ORDINANCE Second Reading
6257
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DESIGNATING A PORTION OF THE CITY OF
MIAMI AS A "CLEAN ZONE", WHICH WILL PROVIDE FOR THE
SAFE AND ORDERLY USE OF CITY STREETS AND SIDEWALKS
BY SIDEWALK VENDORS, PEDDLERS, STREET TICKET
SELLERS, AND PEDESTRIANS DURING THE 2020 NATIONAL
FOOTBALL LEAGUE SUPER BOWL AND MIAMI SUPER BOWL
HOST COMMITTEE ACTIVITIES ("ACTIVITIES") IN THE CLEAN
ZONE; ESTABLISHING TERMS AND CONDITIONS FOR THE
ACTIVITIES IN ORDER TO REGULATE COMMERCIAL ACTIVITIES
DURING THE 2020 NATIONAL FOOTBALL LEAGUE SUPER
BOWL -RELATED EVENTS IN THE CLEAN ZONE BEGINNING
12:01 A.M. ON SUNDAY, JANUARY 19, 2020 AND ENDING AT
11:59 P.M. ON MONDAY, FEBRUARY 3, 2020; AND FURTHER
PROHIBITING THE SALE, OFFER FOR SALE, OR DISTRIBUTION
OF COUNTERFEIT GOODS, WARES, AND MERCHANDISE OF
THE NATIONAL FOOTBALL LEAGUE OR THE MIAMI SUPER
BOWL HOST COMMITTEE.
ENACTMENT NUMBER: 13865
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Chair Russell: Moving on to SR.3 --
Commissioner Carollo: Move.
Chair Russell: -- Super Bowl 2020.
Commissioner Carollo: Move.
Chair Russell: Motion by --
Commissioner Reyes: Second.
Chair Russell: -- Commissioner Carollo --
Commissioner Reyes: Second.
Chair Russell: -- seconded by Commissioner Reyes. Any further discussion? All in
favor, say "aye."
Todd B. Hannon (City Clerk): Title.
The Ordinance was read by title into the public record by the City Attorney.
Chair Russell: Thank you very much for reading that into the record. All in favor of
SR.3, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes.
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SR.4 ORDINANCE Second Reading
5434
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF
MIAMI GENERAL EMPLOYEES' SANITATION AND EMPLOYEES'
RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING
SECTIONS 40-241, 40-254, AND 40-255, TITLED "DEFINITIONS,"
"PAYBACKS FOR MEMBERSHIP CREDIT," AND "BENEFITS,"
RESPECTIVELY, TO AMEND THE SERVICE RETIREMENT
BENEFITS, PROVIDE FOR PURCHASE OF CREDIT FOR
CERTAIN NONMEMBERSHIP SERVICE, AND THE DEFINITIONS
OF AVERAGE FINAL COMPENSATION AND NORMAL
RETIREMENT AGE; FURTHER AMENDING CHAPTER
40/ARTICLE IV/DIVISION 6 OF THE CITY CODE, TITLED
"PERSONNEL/PENSION AND RETIREMENT PLAN/TRUST FUND
FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE
SERVICE," MORE PARTICULARLY BY AMENDING SECTION 40-
351, TITLED "TRUST FUND FOR APPOINTED OFFICERS AND
EMPLOYEES IN EXECUTIVE SERVICE," TO ALLOW CERTAIN
APPOINTED OFFICERS AND EMPLOYEES TO ELECT TO
PARTICIPATE IN EITHER THE TRUST FUND FOR APPOINTED
OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE OR THE
CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST AND PROVIDING FOR THE
PURCHASE OF PRIOR SERVICE; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Joe Carollo, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Russell, Carollo, Reyes, Hardemon
ABSENT: Gort
Note for the Record: Item SR.4 was continued to the November 21, 2019, Regular
Commission Meeting.
For additional minutes referencing Item SR.4, please see "Public Comment Period
for Regular Item(s). "
Chair Russell: SR. 4.
Commissioner Hardemon: Can I make some comments before -- about --
Chair Russell: Yes, Commissioner.
Commissioner Hardemon: -- the pension items? I want to say that I -- the pension
items have been a point of --
Commissioner Carollo: I'll be back.
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Commissioner Hardemon: I'm sure. The pension items is something that we've been
talking about for some time. It's a constant discussion amongst the City employees;
especially because, you know, our agreement only lasted them a certain amount of
years, and then we're back into negotiations, et cetera. And it is probably one of the
least favorable things, I think, as elected officials that we have to deal with, because
-- in fact, it deals with not only our compensation, our good, but also the employees
of the City of Miami, their compensation, and their family, and their decency. And,
you know, there has been inequities in pension discussion, in who gets what, that are
very clear that I think have existed for many years when you look at different
professions; from firefighters to Police, from Police to GESE (General Employees
and Sanitation Employees), et cetera; and, you know, it's interesting because there
are tactics to how you go about establishing what the pension benefits can be, et
cetera. And, you know, I wasn't here at the time that pension benefits were stripped
away from GESE employees, from Fire employees, from Police employees, and from
elected officials; I was not here, but Commissioner Gort, you probably were here
during all of those times, and -- but I have an ability to talk to people who were here,
from elected officials, Commissioners, to employees who suffered those cuts. My
mother was one of those people who suffered cuts. And from the time that the cuts
were (UNINTELLIGIBLE) -- not only did my mother suffer cuts from pensions, from
the pay in pensions, et cetera, but -- I mean, at one point, she was even removed from
duty through an action that was considered to be a wrongdoing for women of color
who were involved romantically with people who had previously served time in the
City of Miami. Nonetheless, what that caused for our family was -- all those things
taken together -- was a real serious moment of -- many years of unsettledness. And
my mother, she refinanced her home, all kinds of things, to try to get back on her feet
to make -- so she wouldn't lose her home and lose where she was in life, because she
was not being paid by the City of Miami anymore. Anyway -- and so, when I think
about this thing, I think GESE, Fire, Police have all done an awesome job at
continuing on the discussion, which is restore -- restoration of pension benefits. No
one can fault them for their continued advocacy for restoration of benefits. And as
long as I've been Commissioner, it's been a -- it's -- we've always said that we
wanted to restore the benefits that were taken away from all of us, and it -- and to get
there, it's taken time. It wasn't something that we could just do in one year; we could
just kind of hit the light switch and restore benefits to everyone. But what I find to be
very peculiar about it all is that elected officials, although we were the -- we on this
dais were the first ones to say, "We're going to remove the pension that was
available," because there are elected officials who do have pensions, who have
served; not served long in the past; had served just before others who are on this
board right now that have these pensions. There are Commissioners who have
pensions that are in excess -- greatly in excess of the pensions that they were
expected to have, because of loopholes in language. In all those things, the City of
Miami has agreed to -- and this board has agreed to fix, and we have. And so, when
I think about the issue of pension benefits for everyone -- a restoration of benefits for
everyone -- When the City of Miami Commission decided to remove its pension
benefit in a show of good faith to its employees that they were also cutting at a time
where people were cutting, I don't think it was applauded. I think it was one of those
things that was like, "Okay. And?" Because at the end of the day, its employees --
the policemen, the firemen, the employees of GESE -- everyone was suffering these
cuts, and there was nothing that this Commission could do that was going to really
heal that pain, except restore their benefits. And so, when we look at this
continuation from that event, what we see is that everyone is having all of their
benefits restored except the elected officials, and we are not advocating necessarily
for ourselves, and I understand why. It's really all political. And there's nothing
that I can say that is going to convince individuals who's decided politically that they
will not support a measure that restores benefits to elected officials that they
voluntarily took away during a time of crisis. But I will say to you that benefits for
elected officials, especially in a place like the City of Miami, are necessary. And the
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reason I say that they're necessary, the way that we've proposed them, is because the
City of Miami Commission is probably one of the most toxic environments that I've
ever participated in. And why I say that is not because of the individuals that are
sitting up here; not because of how we interact with each other, but it's all the other
things that come along with being -- as one of the representatives of the boards -- of
the unions put it -- in this public light in the City of Miami. I found that the level
with (UNINTELLIGIBLE) described as scrutiny. It's more than a scrutiny. You
know, we were passed some documents today that were in regards to one of the
Chiefs of Staffs [sic] of our Commissioners. And, you know, when I read through the
documents, it was -- it's hard. I'm a criminal defense attorney, and I've seen people
accused of many different types of crimes. I've seen -- I've been on the sentencing
phase of people who stabbed women 90 times, slit their throat, left the knife in their
head, and I have not seen them have to relive the sorts of -- types of embarrassment
and pain that we on this dais have had to relive and those who are close to us. And
so, like, for instance, when I saw that document, all I said to myself was, "Damn."
For one moment in time in which someone succumbed to their human traits, we were
going to continue to punish that person moving forward, as if it had something to do
with the City business today. And he's an ancillary person to the person that they
really want. The person that is always of concern is the person that sits in these
seats. When I look at my predecessors before me -- Commissioner Michelle Spence -
Jones, arrested and beat the charges, who was arrested -- she was arrested multiple
times, just to make it -- to add -- you know, to add the insult to the injury; arrested
multiple times when they previously knew of the things they wanted to arrest her for,
just to make it more difficult, right? Because she was arrested, then she was re-
elected by her constituency, and then arrested again on charges that eventually the
State Attorney's Office dismissed; removed from office by -- removed from office
summarily, because the Governor has that authority to remove you when you're
accused of a crime, which is unfair, right? Because anybody can be accused of
anything at any time and be arrested, and -- but you lose your livelihood, you lose
what you've been working for, you lose your reputation, you lose all these things
because of political authority, because of political will. So, you know, as a lawyer,
there is nothing more that I've accomplished in my life that I fear most being taken
away from me, besides my family, than my ability to practice law, because as a kid
born and raised in Liberty City, where we didn't get a chance to live past the age of
18 -- When someone comes to me, like -- it's really incredible when people say, "Oh,
this lifetime pension, this lifetime pension." Well, lifetime for a black man in Liberty
City had to be 21. If you made it past 21, you were doing damn good on the street
that I grew up in, on the neighborhood that I moved back into. And even as men, the
black men who are sitting around in this room, especially if they're -- if they choose
to live in an environment like I chose to live into, you don't live past 50, 55. It's not
something that exists. That age -- your age of death is a little closer to youthfulness
than those of our counterparts who are white and other. And so, when you think
about these issues, and you think about the fact that not only was Michelle Spence -
Jones summarily taken [sic] away from her office; you had a Commissioner by the
name of Teele that many of you know and worked with that took his life because of
the things that the paper wrote about him. You had a -- someone who deemed
himself to be a writer that took a police report and basically republished it with Art,
to put him in positions that tried to undermine not only his political authority, but his
personal family life. His wife was called into a -- an interrogation room and shown
copies of his annex bill to show that he was staying at hotels just to put into question
and -- his marital relationship. His wife was tailed and followed. He was convicted
of a crime, which was telling another person, "Don't you ever follow my wife ever
again without announcing yourself as a police officer." Imagine a person following
your wife, who has not announced himself as a person of authority, and your wife
was trying to convince you that someone is following you [sic], and you think that
she's wrong. You've called her insane, because no one would dare to follow you,
and they do. And he stands up and he tells the next person, because that person want
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-- that person won't ident fy themselves -- that "The next time someone follows my
wife, there's going to be a problem." These are all very human things, but this is
what they did to him as a Commissioner, because of the authority that he had sitting
in the seat that I'm sitting in. And so, what happened to him was that he ended up
taking his life because of the stress of this seat that I'm sitting in. There are other
people; Miller Dawkins, right? There are many parks and pools that are named
after him; that we praise his wife. He trusted a man by the name of Howard Gary
that was accused of a crime -- hold on -- that was found to have committed a crime;
that decided that he want to be an informant for the FBI (Federal Bureau of
Investigations); that then tried to entangle Miller Dawkins and a number of other
individuals that we all know -- right? -- inclusive of someone who's a Chief of Staff
of one of the Commissioners that is related to me. One of the --
(UNINTELLIGIBLE) Chief of Staff who is related to me that is -- that -- he was the
Chief of Staff of a Commissioner. And all -- I'm saying that to say is that these -- a
lot of these individuals went out purposefully to try to entangle people in crimes.
And although my family member was found not guilty of a crime, was -- in the
Federal Courthouse, where 90 percent of the people who are accused of crimes are
found guilty, because you don't have the ability to have discovery and all those
things like that. And it helps to be innocent of things that people charge you of.
However, what my point is in all of this is that there's so much -- When I saw the
young lady from the -- she's a -- where -- Young People for Progress of Government,
or whatever it may be. If you wanted to be a young person and sit in this seat in the
City of Miami -- and I was elected just shy of maybe my 30th birthday, or something
like that; running for County when I was 27. And Commissioner Carollo, you've
been around, and you've been elected a lot younger than I was, but you're not a
black man, born and raised in Liberty City. But if you want to be in this space, you
have to understand that people will try to tear you apart. There's no future for you.
I talked to one of my good friends, who work for Kamala Harris in California, when
she was the "A" -- I think she was the AG (Attorney General) at the time. And he
said something to me that I hadn't heard before, and it just touched me. He said,
"What they do to people like you is kill you in the cradle." That means that if they
see the potential that you could have some powerful political presence in a place like
Miami or Miami -Dade County, not that you're harmful necessarily to them -- you
could be or could not -- not that you're an evil person or that you do wrong things;
you could be doing positive things, but whatever it is that you do, they don't want to
see happen in the future. And so, they destroy you at a time where you're small
enough where you can be destroyed and not defend yourself. And so, I think about
all this, because I say to myself, at the end of the day -- well, first of all, the law
doesn't allow me to, but neither do I want to be a lifetime elected official. You know,
I struggle with if I really and truly want to be involved in partisan politics, because I
have not liked the way that the term has been made. It's all about -- it's personal,
and it shouldn't be there. It should always be about our community. And one thing
I've loved about this board is that we've done a very good job of making the issues
that we face about the people that live in our neighborhoods, the people live in our
communities. But I will tell you that every day that I put on a suit and I take my
daughter to school and I drive around this community, and I deal with people, I'm
thinking about how it is that there is always this effort to undermine who you are and
destroy the person that you've built to be. So when I look at the things that happen,
they happen right here on this dais in front of everyone, on live -- live on television,
right? They're destructible. And so, if a young person wants to be in this seat, then
they're going to have to understand that their career could be taken away from them
summarily by someone who's the Governor of the State of Florida, because someone
decided to say something that could be untrue about you, and that decision,
especially if you're a lawyer, could strip you of your ability to practice law, which
strips you of your ability to earn an income, which puts all of your future at risk.
And so, I think that the compensation that elected officials could receive because of
these things is minuscule in restoring its -- in restoring -- when you're restoring the
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benefits back to them. I think it's worthy, because even still -- I remember, I used to
think about -- even though when I look at the fact that all of these people who sat in
this seat before me were arrested, or harm had been done to them, their families had
been destroyed, and I saw witness -- I bear witness to my family being accused of
things that they had not done, and being found not guilty of crimes; taken up all the
way to the end, I don't know if you all know what it feels like, because you -- we talk
about criminal justice reform, or things of that nature, and people don't want to
discuss the issue unless -- people typically don't discuss the issue until they've -- or
fight for the issue until they've gone through something; then you have some feel-
gooders [sic] who will fight for it, but they don't really know what it's like to sit on a
stand, and someone accuses you of a crime that you know you did not commit. And
then, when someone -- a prosecutor looks at you and say, "Well, if you don't take this
deal, I'm going to put you away for 25 years. But if you take this two-year deal, it's
all good." You don't know what it feels like to be put in that position. And so, when
you extrapolate that feeling, and you tie it to your political decision making, to the
fact that someone decided to vote for a stadium deal, that they're put in a position to
have to defend their livelihood, their reputation, and then become a footnote at the
bottom of the page, but we have to deal with the paper forever, trying to breathe life
into the accusations that were made of you, that's incredible. It's incredible that
someone can't -- that it -- because that sort of thing limits where you're going to be.
You know, when I think about the things that people say -- people who are not
positive people, they say or they choose to write, and things like that, even about me,
what bothers me the most, what hurts me the most is not what people say, "Oh, I like
that." What I think about is what the Miami Today says. Why? Because generally,
people think that what they read in the Miami Today is not opinionated information.
This is a paper that's being circulated amongst our professional leadership; you
know, those on Brickell, those in County hallways, those who have not had the
opportunity to meet me, for instance, or people in a law firm. And what is it that
when they read something there that when I go meet with them, they say, "Oh, no,
no, no, no, no. You know, that's the kid that" -- 'you know, he's from Liberty City,
and his parents" -- "or his uncle did 'X,' 'Y' and 'Z, "' and, you know -- Whereas,
would I look differently if I were a white boy, born and raised in Miami, or even
Spanish, Cuban? They would say, "Man, his grandmother gave birth to 15 kids.
They was" -- "he was born and raised in public housing. He was in and around all
things that are supposed to tear you down, and he didn't. He didn't get torn down.
He earned a bachelor's, a master's, and a law degree from his sort of institution and
from ours. He passed the bar on his first time. He worked as a public defender.
What the [expletive] do you have to say about this kid? But they choose to; they
choose to continue to tear you down. And so, for me, when I think about -- so I --
that's why I say, no matter what I say, I think that we're going to make our decisions
because of how we choose to make our decisions. But for somebody like me, who've
decided that I want to make my community a little bit better -- and I would dare to
say that I've done that, and I hope the next person does that, as well; we continue to
do that -- but people who are like me and will come after me, they deserve some sort
of compensation that makes sense that -- for the trouble that this seat brings you in,
and that other seats like to bring you in. I may be wrong, Commissioner Carollo. I
may be wrong, right? But all I'm saying is that I'm willing to put my neck on the line
to make that point. Thank you.
Chair Russell: Thank you very much. Commissioner Carollo. Please, sir --
Commissioner Carollo: No, no, no, no.
Chair Russell: -- we're not open for public comment, please. Commissioner
Carollo. Please, sir. Please, sir. Sir, your mike is not on; you're not being
recognized.
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Commissioner Hardemon: We'll talk later. We'll talk later.
Chair Russell: Please.
Commissioner Hardemon: We'll talk later.
Chair Russell: We can talk later off the dais, but this is not the time for public
comment. Commissioner Carollo.
Commissioner Carollo: Thank you. Commissioner Hardemon, I've heard you loud
and clear. And before I follow on some of the things you stated that will, I think,
complement what you stated, but bring it not in years' past, but to 2018 and 2019, let
me say that this item that's up is not going to affect me at all, financially, whatsoever,
not a penny more. Someone wrote something; that it would, but I don't know where
they got that from. It's totally wrong. It would not affect me by one penny. And the
Budget Director is here somewhere. He'll be first one to stand up and say so, if what
I'm saying is not accurate. Having said that, I'm going to go public just with two
different items that became a reality when I was Mayor; that from that day to this
date, have brought the City somewhere in the neighborhood of $300 million; that if
Joe Carollo hadn't been around in the past, this City would have received
throughout those years some $300 million less; and each year, by the way, that goes
up even more. In the private sector, anybody that comes up with an idea like that
that nobody else has -- that would not have come up with -- and in my case, in one of
those issues, if I hadn't been around to convince the Governor and other people in
the State Legislature, it never would have passed. So it's even more than that. But in
the private sector, anyone in the private sector that would bring to any corporation
any such idea -- I don't know what you think might be a reasonable amount that they
would receive as commission in compensation; 5 percent, maybe more, but, you
know, a small amount -- 5 percent, that'd be $15 million. I never received a penny,
nor did I expect to receive a penny or anything like that. All of you have been
witness that since I've been here, I have saved or brought the City new dollars to the
tune of several million dollars since I've been here. This is what we're supposed to
do. And frankly, when people get all upset -- and I understand why they get upset --
what they don't know is what some of us up here have done and are doing; that if we
weren't here, and someone with less capacity would be here, this City would not be
receiving or protected for millions of dollars. Having said that, Commissioner, I'm
certainly not a black man. I'm not going to pretend I'm Javier Ortiz; I'm not. And
while I could try to understand what someone in your shoes has gone through in
your life, I could never fully comprehend it, because, as you said, you know, I'm not
a black man. I haven't been exposed to what any African American has in Miami or
other parts of our country. Having said that, though, I can tell you that just having
come back not quite two years, what I have had to endure, my family has had to
endure, my wife; my mother, that we tried to keep her away from hearing the news
anymore, or anything; other members of my family, members of my staff, I've never
seen the likes ever, ever; not even when I bump heads with some of the most powerful
organizations that you could imagine here. You talked about what Art Teele
experienced with his wife, and I remember that. Well, let me tell you what I have
experienced with my own wife recently. Not only has she been followed through our
streets and in her car; she has come out rushing from our house when she's seen
people taking video of our house, going against a one-way street, and when they saw
her, they took off against a one-way street. But more so, recent, couple of months
back, after my wife was parked on 8th Street, in meetings that she's doing for me for
this City, for activities that we have in Little Havana and 8th Street, and after about
an hour of her car being parked on 8th Street, she gets in her car and drives off to
get into Southwest 7th Street from 8th Street to then, when she gets to Southwest 7th
Street and Southwest 17th Avenue, make a left turn. Well, she made her left turn.
She was very cautious in doing it. She's a very cautious driver; never has had a
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ticket in her life. She gets into the lane on 17th Avenue, where she made her left
turn, to make another left turn to 8th Street so she could go home. We live a block
away from that main part of 8th Street. As she stopped in the left turning lane, she
sees that there's a police vehicle behind her. A young police officer, female, gets out
and tells her to pull by the Burger King that's on 17th, and they tell her to block the
lane. People are trying to get in and out; the police officer is screaming at them,
"Go around." Within a few more minutes, another police officer comes, another
female, screaming at her to lower her passenger window. My wife's not a criminal.
This is a traffic stop, supposedly. She is told that when she made the left turn that
there was a pedestrian in the crosswalk, and she didn't yield to him. My wife might
not have the best sight, but she could certainly see if there was a pedestrian or not.
She tells me there was no pedestrian anywhere. They come back and give her two
tickets. One ticket is for not yielding to a pedestrian. They give her the ticket; not
where it happened, but on Southwest 8th Street and 17th Avenue, west. There's no
west on 17th; it'll be north and south. So if she would be going west, she would be
going against traffic, if you go west. The other ticket was because the insurance
card that she had showed it had been expired for a short time. We had insurance. It
was no problem. I believe that my wife got stopped because, after a month earlier,
when I got stopped -- and I'll go into that in a minute -- and they couldn't get me to
say I'm Commissioner so and so, they figured, "Well, his wife's certainly going to get
up and say, 'I'm Mrs. Carollo. I'm the Commissioner's wife." Well, she didn't do
that either. We took it like regular residents of Miami. When I got home that
evening -- we had a Commission meeting -- I looked at the ticket. She explained to
me what had happened. She gave me three pamphlets they -- she had been given by
the officer. I said, "What's this all about?" She says, "I don't know. She gave them
to me." Three pamphlets on bicycle laws, which, you know, I didn't know what the
heck it was all about; bicycles. So I decided to go on the Internet and see what
statute she had been cited on for supposedly driving a motor vehicle and not yielding
to a pedestrian. Well, my wife was given a ticket for riding a bicycle; riding a
bicycle, and going against traffic on Southwest 8th Street. Now, I cannot believe that
we have officers that have been so poorly trained and are so incompetent that if they
felt that someone did something so outrageous that they didn't yield to a pedestrian
when they were making a left turn, that they're going to stop them, and they don't
know what statute to cite them on. So that, to me, was more indicative that my wife
got stopped for the sole purpose because someone felt she was going to say, "I'm the
Commissioner's wife." And then that was going to be all over the news media to try
to hurt me, embarrass me, while they hurt my wife. She didn't do that. That's why
you never saw that. We went to the courthouse to get a trial date, and I did this
because of the incident that I'll tell you afterwards, when I'm done with this one, that
happened to me. When we go there with both tickets, the one that is for riding a
bicycle against traffic on 8th Street; she's got a car, and they give the ticket with her
riding a car. And the other one is for the expired insurance card. When we get
there, we're told, "It's only one ticket. You don't have two tickets." So they're going
to give her, you know, a court date for one ticket. We had to insist and ask for a
supervisor, and they spent time until they found the other ticket. It was put into the
system four days later, four days later. Now, you know why that happened? I'm
going to tell you why I believe that happened, because I can't believe that our
officers are so poorly trained, they're so incompetent that that would happen,
because if we went and we were told there was only one ticket, they figured we're
going to think, well, because she did have insurance and it wasn't expired, they
checked it out; that was thrown out. It was never put in. So if she asked for a court
date, or pays the fine for one ticket; the other ticket, thinking that it didn't exist,
sometime later, the State of Florida is going to suspend her driver's license, and then
my wife is going to be stopped again on some other BS excuse; she's going to be
arrested publicly for driving with a suspended driver's license, and they're going to
parade her through all the television stations, just like this (UNINTELLIGIBLE)
police captain, promoted for politics, was trying to do to me today, and has been
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trying to do to me for some time. This, Commissioner, is happening today to the wife
of an elected official. And I submit to you that this is problematic in two ways. If
they're going to swear to me that this is not targeting to try to harm me, then we have
a more serious problem than any one of us can imagine, with a lack of training and
incompetency in this Police Department. But let me go back quickly on me now. By
the way, those two tickets on my wife, they were thrown out.
Chair Russell: Commissioner, could we bring it back to pensions?
Commissioner Carollo: No, no, no, no. I'm going back, because you let him speak a
lot on this --
Chair Russell: Yes.
Commissioner Carollo: -- and he had a right to; I'm going to speak also, and I'm
speaking in the same line of thought that Commissioner Hardemon --
Chair Russell: Understood.
Commissioner Carollo: -- was, and had all the right to. A month before my wife got
stopped, I get stopped myself 12:10 at night. I'm going south on 17th Avenue. As
I'm going to cross the intersection on 17th Avenue Southwest, and Coral Way, the
light is turning yellow. I see that there is a police car. I only see one police car
right there. As I'm going through, I look up to make sure that the light was still
yellow. And I had all four of my wheels over; not two, like the law says; as long as
you have two over the crosswalk, you don't run a yellow light. The car that I'm
driving is about 12 feet in length. If you're going 30 miles an hour, you're going 44
feet per second. So it would have taken me one quarter of a second to have gotten
all four tires across. Now, if you think that the human eye, unless you're looking
straight like that, can pick that up, no way; only the old red light cameras maybe
could pick it up, but not the human eye, if you were over or not. When I pass, I --
you know -- get the siren. I stop two blocks down, pull up to the right. The officer
that's behind me that stops me doesn't get out of the car; obviously, he's running the
tag to see who the vehicle belongs to. I started feeling for the first time in my life
what a black man might feel when they get stopped. I put my hands on the wheel so
that they could see it, because there was well -- there was good lighting, even though
it was at night where I stopped. There was a light right there. A short time later-- I
don't know if, you know, it was a minute or couple of minutes -- another police car
arrives. Mind you, for those two blocks when the police car followed me, there was
only one car that had the siren going after me. Within a minute or two later -- I
don't know the exact time -- another police car stops there. As they're approaching
the first squad car, the officer gets out in the most awkward way that I've ever seen
anyone get out of the car, so that I couldn't see his face. When he got out, I spoke to
the officer with his back towards me, and then when he got in again, so that I
wouldn't see the face. I never identified myself, so that's why you didn't see me in
any news cast. I took the ticket that I was given. I asked the officer -- because I have
a clean driving record -- if I had to sign the ticket. They told me, "No." She also told
me that she had it on her camcord [sic] that I ran the yellow light, she said at first. I
said, "Well, ma'am, you said, yellow.' Then, you know, you could go through a
yellow light." And she switched back and said, "Red." I wasn't going to get into it.
The bottom line was that after I was there over 30 minutes, over 30 minutes -- In
fact, I will say to you, before she even approached me, some 10 minutes at least had
passed. You know what I did? I put both my hands out the car windows, because I
was really concerned now. I had both of my hands out of the window so they could
see that I had no weapon, whatsoever. So I'm not a black man, but that night, I
started feeling what many African Americans might feel in this City, or other
minorities. I took my ticket. I went to the courthouse, because I did not run a red
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light, like I was cited. If I would have ran a red light, I'd take my medicine, and I
would pay the fine. When I went to the courthouse to get a court hearing, I'm told to
my utter shock that, "No. You have two tickets." I said, "Ma'am, you must be
mistaken. Can you check again?" "You have two tickets." But they tell me, "Oh, but
don't worry; you'll be able to throw them out easily, because it's in the same
intersection. And one ticket says you were going south; the other ticket says you
were going north, and obviously, you couldn't do both at the same time. And the
other ticket said you ran a red light. The other ticket said you didn't stop for flashing
lights," which you don't have on Coral Way and 17th Avenue at any time of the day
or night. It's clear to me -- at least, this is how I feel -- that the other ticket that I
was not given that night was so that if I either paid for one or asked for a court
hearing like I did, it would be for one, not the other, and then the State would be
suspending my driver's license on the other ticket, and I would get stopped for some
phony stop, I would get arrested for having a suspended driver's license, and I would
be parade through every television channel in Miami. So Commissioner, I
understand -- believe me, I understand -- what you're saying. When individuals are
throwing whatever amount of money they have to throw out to try to defame me and
destroy me, because I'm doing what I was elected to do for my residents and the
citizens of Miami; when we receive information from someone extremely close, as
close as their bed, that one certain publication that's defaming me and attacking me
on a monthly basis, that recently started; not the last year. This person that's close
to the individual that owns that publication stated to someone extremely close to me
that he received $5,000 for the first month, that they knew, for me to be attacked.
When you see our criminal blogger, seven times convicted felon, that he's enjoying
the good graces that he's receiving in attacking me, and I guess he's so happy that he
puts a tweet out on a public records request that he's making on me, and sending it
to the guy that's paying him to do it so that they can know he did it. I mean, my God;
it's as clear as daylight why the guy's doing it. So all this, and so much more,
including the whole charade on the Marine Corps that was orchestrated right up
there in the second floor to defame me; frivolous lawsuits that are being filed, yeah,
Commissioner, believe me, I understand what you're saying. No one, no one should
have to go through that; and frankly, I don't know too many jobs in America that
someone would have to go through the stress, their family, their acquaintance, their
employees, that some of us up here have to go through, and there's no amount of
money now or in the future, frankly, that can compensate for that.
Chair Russell: Thank you, Commissioner. We do not yet have a motion on the floor
for SR.4, SR.5 and SR.6. We were discussing the issue.
Vice Chair Gort: You got them one at a time. No?
Commissioner Reyes: One at a time.
Chair Russell: So SR.4.
Commissioner Carollo: I want to say this: I've been trying to get different numbers,
like I stated here earlier; even numbers that were given for me that I will not benefit
one cent if this passes. There was erroneous information given, apparently, that I
was going to receive -- I don't know -- $70, 000 if this passed. No. I'm not going to
receive one penny more if this would pass. I need to get real numbers on this item so
that when we bring it up again, I know exactly what I'm dealing with in numbers.
Chair Russell: SR.6.
Commissioner Carollo: I'm talking on the SR.4. For that matter, SR.6 is another
one that I'm having the same problem with. SR.5 is more (UNINTELLIGIBLE),
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because it's part of what we agreed to with those two unions, and I'm not going to go
against my word,• frankly, I think we're bound by it.
Vice Chair Gort: I'm going to need --
Chair Russell: Vice Chairman Gort and Management, are you --
Vice Chair Gort: No.
Chair Russell: -- prepared to address any questions on numbers for these items?
Vice Chair Gort: I'm going to need five minutes. I've been sitting here since 8:30
this morning, so I need to --
Commissioner Carollo: Whatever you need --
Chair Russell: All right.
Commissioner Carollo: Oh, you have to go. Okay.
Vice Chair Gort: Be right back.
Chair Russell: Mr. Manager, could you get whoever you need to address questions
on numbers, so we have clarification? We're going to take a recess.
Commissioner Carollo: Well --
Chair Russell: Just a recess for 10 minutes.
Commissioner Carollo: -- the numbers that I've been looking for that I need and that
I need to compare, they're not going to be able to get for me in five minutes or
anything else. I need to sit with the Budget Director for a serious sitting.
Chair Russell: That's for SR.4 and 6?
Commissioner Carollo: Both. SR. 6, I -- also going to need the City Attorney, and
frankly, I'd like to have her in SR.4 also for that.
Chair Russell: All right. So is that a request for a deferral of these items?
Commissioner Carollo: That's a request for a deferral of both of these items, so that
I could have a full amount of how it's going to affect our budget now and into the
future. Most of this, as I understand it, people have to be 55 years of age or more
before they collect. Mr. Manager, how old do people have to be to start collecting in
this new proposal?
Emilio T. Gonzalez (City Manager): I have it right here. Elected officials who were
first elected to office before October 22, 2009 --
Commissioner Carollo: I'm talking about age.
Victoria Mendez (City Attorney): Mr. Manager, he's not --
Commissioner Carollo: I'm talking age only.
Ms. Mendez: -- asking about the --
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Commissioner Carollo: I'm talking age --
Chair Russell: One at a time. One at a time, please.
Mr. Gonzalez: -- shall be entitled upon separation from employment and reaching
the age of 55 --
Commissioner Carollo: Okay.
Mr. Gonzalez: -- with 10 or more years of service at age (UNINTELLIGIBLE).
Commissioner Carollo: So I'm correct in the 55. Now --
Commissioner Hardemon: There's also a 60.
Mr. Gonzalez: And that's why earlier we mentioned that there were --
Commissioner Hardemon: I might need to be 60, 61; don't bet on it, but --
Commissioner Carollo: The question is, you know, with all this stress, the more than
you want, are you going to make it?
Chair Russell: All right. So there's a motion to defer those two items to --
Commissioner Carollo: The -- SR.6 is one that I really need to get into it also,
because I am being told -- I don't know how accurate that is or not -- that a lot of
other people are going to be able to get into this, the way it's written.
Chair Russell: You have a date you'd like the deferral set to?
Commissioner Carollo: Well, it's going to have to be either November, if we still
have room; or if not, the first meeting in December. Maybe you might want to put it
for the first meeting in December. I'm told that our next October meeting is
completely full. I don't know how the November meeting is.
Mr. Gonzalez: We'll put it on.
Commissioner Hardemon: I --
Chair Russell: Commissioner Hardemon.
Commissioner Hardemon: For the next agenda.
Mr. Gonzalez: No, for November.
Commissioner Hardemon: For the -- there's just one meeting in November?
Mr. Gonzalez: Yes, sir.
Commissioner Hardemon: Okay.
Commissioner Carollo: Which I think is a mistake, but, you know, it is what it is. If
need be, I think we're going to have to double up quicker in December for two
meetings, if we need to; either that or make another meeting -- Well, the next
meeting in November is what date? November --
Mr. Gonzalez: 21.
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Todd B. Hannon (City Clerk): November 21.
Commissioner Carollo: Okay. Maybe after Thanksgiving, we might want to look for
another one, if need be; or if not, if we have to, another meeting in December. I
don't know.
Chair Russell: So the motion is to defer SRs.4 and 6 to the November meeting.
Commissioner Carollo: Correct. If anybody wants to defer SR.5, it's fine. I don't
need to defer it.
Chair Russell: Is there a second to the motion?
Commissioner Carollo: I mean, if you want to be fair all along, we could defer all
three of them. I have no problem with that.
Commissioner Hardemon: I will second that motion.
Commissioner Carollo: Okay.
Chair Russell: All right. To the November meeting.
Commissioner Carollo: There's a motion to defer SR.4 --
Chair Russell: SRs.4, 5, and 6 --
Commissioner Carollo: -- 5 and 6.
Chair Russell: -- all the way to the November meeting. There's a motion by
Commissioner Carollo, second by Commissioner Hardemon. Is there any further
discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes. Gentlemen, we have one, two, three,
four items of action left on the agenda. We can take a 10-minute break and finish up,
or we can break for lunch and come back.
Commissioner Carollo: Is there anything that's going to require a lot of time or --?
Chair Russell: I didn't think so earlier, but I misjudged that.
Commissioner Hardemon: I don't so. 10-minute break.
Chair Russell: We're going to take a 10-minute break, and we're going to come back
and finish up the agenda, and then we'll be done for the day.
Commissioner Carollo: Okay.
Chair Russell: See you all in 10 minutes. Thank you.
Commissioner Carollo: Thank you.
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SR.5 ORDINANCE Second Reading
5435
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF
MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT
TRUST;" MORE PARTICULARLY BY AMENDING SECTION 40-
203, TITLED "BENEFITS", TO REFLECT THE CHANGES MADE IN
THE CURRENT COLLECTIVE BARGAINING AGREEMENTS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Joe Carollo, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Russell, Carollo, Reyes, Hardemon
ABSENT: Gort
Note for the Record: Item SR.5 was continued to the November 21, 2019, Regular
Commission Meeting.
For minutes referencing Item SR.5, please see "Public Comment Period for
Regular Item (s), " Item CA. 5, and Item SR.4.
SR.6 ORDINANCE Second Reading
5939
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF
MIAMI ELECTED OFFICERS RETIREMENT TRUST;" MORE
PARTICULARLY BY AMENDING SECTION 40-291, TITLED
"DEFINITIONS", AND SECTION 40-296, TITLED "APPLICABLE
BENEFITS"; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Joe Carollo, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Russell, Carollo, Reyes, Hardemon
ABSENT: Gort
Note for the Record: Item SR.6 was continued to the November 21, 2019, Regular
Commission Meeting.
For minutes referencing Item SR.6, please see "Public Comment Period for
Regular Item(s), " and Item SR.4.
END OF SECOND READING ORDINANCES
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FR.1
6586
Commissioners
and Mayor
FR - FIRST READING ORDINANCES
ORDINANCE First Reading
AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA (WITH
ATTACHMENTS), SUPPLEMENTING THAT CERTAIN
ORDINANCE NO. 11693 ENACTED BY THE CITY COMMISSION
ON AUGUST 14, 1998, AS FURTHER AMENDED AND
SUPPLEMENTED; AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED SIXTY-TWO MILLION DOLLARS ($62,000,000.00)
AGGREGATE PRINCIPAL AMOUNT OF ITS CITY OF MIAMI,
FLORIDA ("CITY") PARKING SYSTEM REVENUE REFUNDING
BONDS, TAX-EXEMPT SERIES 2019 ("SERIES 2019 BONDS")
ON BEHALF OF THE CITY'S DEPARTMENT OF OFF-STREET
PARKING A/K/A MIAMI PARKING AUTHORITY ("DEPARTMENT"
AND "AUTHORITY"), FOR THE PURPOSE OF REFUNDING ALL
OR A PORTION OF ITS OUTSTANDING PARKING SYSTEM
REVENUE AND REVENUE REFUNDING BONDS, TAX-EXEMPT
SERIES 2009 ("SERIES 2009 BONDS") PREVIOUSLY ISSUED
ON BEHALF OF THE DEPARTMENT; PROVIDING FOR THE
FUNDING OF THE RESERVE ACCOUNT, IF REQUIRED;
PROVIDING FOR THE PAYMENT OF CERTAIN COSTS OF
ISSUANCE IN CONNECTION WITH THE ISSUANCE OF THE
SERIES 2019 BONDS; MAKING CERTAIN FINDINGS AND
DETERMINATIONS; DELEGATING TO THE CITY MANAGER
AND THE DIRECTOR OF THE DEPARTMENT THE
DETERMINATION OF CERTAIN MATTERS AND DETAILS
CONCERNING THE SERIES 2019 BONDS; APPROVING THE
SENDING OF A CONDITIONAL NOTICE OF REDEMPTION;
AUTHORIZING THE REFUNDING OF THE SERIES 2009 BONDS;
RATIFYING, CONFIRMING AND APPROVING THE SELECTION
OF THE UNDERWRITERS AND THE FINANCIAL ADVISOR BY
THE FINANCE COMMITTEE AND THE DEPARTMENT FOR THE
SERIES 2019 BONDS; AUTHORIZING A NEGOTIATED SALE OF
THE SERIES 2019 BONDS; AUTHORIZING THE NEGOTIATION,
EXECUTION AND DELIVERY OF A BOND PURCHASE
AGREEMENT BY THE CITY MANAGER AND THE DIRECTOR OF
THE DEPARTMENT ("DIRECTOR") IN A FORM ACCEPTABLE TO
THE CHIEF FINANCIAL OFFICER, THE CITY'S CFO, THE
FINANCIAL ADVISOR, THE CITY ATTORNEY, DISCLOSURE
COUNSEL, AND BOND COUNSEL; APPROVING
UNCERTIFICATED BOOK -ENTRY ONLY REGISTRATION OF
THE SERIES 2019 BONDS; AUTHORIZING THE CITY MANAGER
AND THE DIRECTOR TO DISTRIBUTE A PRELIMINARY
OFFICIAL STATEMENT AND OFFICIAL STATEMENT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, DISCLOSURE
COUNSEL, AND BOND COUNSEL; DESIGNATING A TRUSTEE,
PAYING AGENT AND BOND REGISTRAR; AUTHORIZING THE
NEGOTIATION, EXECUTION AND DELIVERY BY THE CITY
MANAGER AND THE DIRECTOR OF A TRUSTEE, PAYING
AGENT AND BOND REGISTRAR AGREEMENT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL;
AUTHORIZING THE NEGOTIATION, EXECUTION AND
DELIVERY OF A DISCLOSURE DISSEMINATION AGENT
AGREEMENT BY THE CITY MANAGER AND THE DIRECTOR IN
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A FORM ACCEPTABLE TO THE CITY ATTORNEY AND
DISCLOSURE COUNSEL AND BOND COUNSEL, AND
DESIGNATING DIGITAL ASSURANCE CERTIFICATION, L.L.C.,
AS DISSEMINATION AGENT THEREUNDER; AUTHORIZING
THE CITY MANAGER AND DIRECTOR TO OBTAIN A BOND
INSURANCE POLICY AND/OR RESERVE PRODUCT AND
AUTHORIZING THE CITY MANAGER AND DIRECTOR TO
NEGOTIATE, EXECUTE AND DELIVER ANY AND ALL
AGREEMENTS IN CONNECTION THEREWITH IN A FORM
ACCEPTABLE TO THE CHIEF FINANCIAL OFFICER, THE CITY'S
CFO, THE FINANCIAL ADVISOR, RISK MANAGEMENT
DIRECTOR, THE CITY CLERK, THE CITY ATTORNEY,
DISCLOSURE COUNSEL, AND BOND COUNSEL; AUTHORIZING
CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY AND THE
DEPARTMENT TO TAKE ALL ACTIONS DEEMED NECESSARY
OR REQUIRED IN CONNECTION WITH THE NEGOTIATION,
ISSUANCE, SALE AND DELIVERY OF THE SERIES 2019 BONDS
AND THE REFUNDING OF THE SERIES 2009 BONDS IN
CONSULTATION WITH THE CITY MANAGER, THE CHAIRMAN
OF THE BOARD OF THE AUTHORITY, THE DIRECTOR, THE
CHIEF FINANCIAL OFFICER, THE CITY'S CFO, THE FINANCIAL
ADVISOR, THE CITY ATTORNEY, DISCLOSURE COUNSEL,
AND BOND COUNSEL; PROVIDING FOR SEVERABILITY AND
PROVIDING AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading with Modification(s)
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Chair Russell: So I'd like to bring your attention to FR.1.
Commissioner Reyes: FR.1?
Chair Russell: Yes. This is a supplement, amending Miami Parking System
revenue refunding bond.
Commissioner Carollo: Which one is this?
Chair Russell: FR.1.
Vice Chair Gort: FR.1.
Chair Russell: We finished with all of the RE (resolution), PH (public hearing),
and CA (consent agenda) agenda, as well as the SR (second reading). We just have
four remaining FRs, first reading ordinances.
Commissioner Carollo: Okay. Move by Commissioner Reyes. I'll second it.
Chair Russell: The item has been moved by Commissioner Reyes; seconded by
Commissioner Carollo. Is there any further discussion?
Vice Chair Gort: Yes. I'd like to ask a question. How much are we saving by
doing this refunding?
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Chair Russell: How much --?
Vice Chair Gort: I understand the market went down little bit, so.
Chair Russell: It's on.
Arthur Noriega: A little over $13 million.
Vice Chair Gort: Okay. Thank you.
Commissioner Carollo: Okay.
Scott Simpson: Just one additional thing. We would ask that if --
Chair Russell: Please -- your name, please.
Mr. Simpson: Oh, I'm sorry. Scott Simpson, Miami Parking Authority. We would
ask if this item is approved today that the second reading of the ordinance be
placed on the agenda for the 24th of October.
Vice Chair Gort: All right.
Commissioner Carollo: Okay.
Vice Chair Gort: The reason being, the market is very sensitive. Right now the
market is in our favor, so we should make that decision; try to put it on the 24th.
Commissioner Carollo: Yep.
Vice Chair Gort: Okay.
Commissioner Carollo: Agreed. Okay.
Chair Russell: Madam City Attorney, for the 24th, if we've reached the limit of 60
items on the agenda, is there --
Vice Chair Gort: Take some off.
Chair Russell: -- a way to bypass that?
Victoria Mendez (City Attorney): No.
Chair Russell: We would have to remove other items to put this one?
Ms. Mendez: Right. Either some things have to be placed on the consent agenda --
Commissioner Carollo: Well, let's --
Chair Russell: So, yes.
Commissioner Carollo: -- put the resolution that something would be taken out of
that agenda by the City Manager that's not of dire importance --
Chair Russell: There are --
Commissioner Carollo: -- so we could put this item.
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Chair Russell: -- other items, so we can use the consent agenda for certain items --
Commissioner Carollo: Yeah.
Chair Russell: -- in order to not be within 60.
Commissioner Carollo: Yeah.
Chair Russell: All right. Thank you very much.
Mr. Simpson: Thank you very much.
Chair Russell: So --
Commissioner Carollo: It's a motion.
Chair Russell: -- there's -- Yes, we have a motion and a second. Any further
discussion?
Commissioner Carollo: No.
Chair Russell: All in -- no. This is first reading of FR.1.
Commissioner Hardemon: Got it.
Chair Russell: All in favor, say "aye."
The Commission (Collectively): Aye.
Todd B. Hannon (City Clerk): Title.
Ms. Mendez: A very long ordinance. And there's a typo that needs to be fixed, as
well, in the ordinance, to remove the word "its" so.
The Ordinance was read by title into the public record by the City Attorney.
Chair Russell: Thank you. All in favor of FR.1, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes.
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FR.2 ORDINANCE First Reading
6554
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 22/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "GARBAGE AND
OTHER SOLID WASTE/IN GENERAL," BY AMENDING SECTIONS
22.1, TITLED "DEFINITIONS," AND SECTION 22-6, TITLED
"LITTERING AND DUMPING PROHIBITED; DUMPING OR
BURYING WASTE WITHOUT PROPER AUTHORIZATION;
ILLEGAL DUMPING IN AREA BULKY WASTE TRANSFER
STATIONS; ENGAGING IN BUSINESS OF SOLID WASTE
COLLECTION WITHOUT A FRANCHISE; DECLARED PUBLIC
NUISANCE; PRESUMPTION," TO DEFINE SUBCONTRACTOR
AND WASTE BROKER, PROHIBIT FRANCHISEES FROM
CONTRACTING, SUBCONTRACTING, UTILIZING EQUIPMENT,
OR ENTERING INTO BUSINESS RELATIONSHIPS WITH SOLID
WASTE HAULERS THAT HAVE NOT BEEN AWARDED A
FRANCHISE BY THE CITY OF MIAMI ("CITY", FOR PURPOSES OF
PROVIDING SERVICES TO ADDRESSES/PROPERTIES WITHIN
THE CITY; FURTHER AMENDING CHAPTER 22/ARTICLE
II/SECTION 22-46 OF THE CITY CODE, TITLED "GARBAGE AND
OTHER SOLID WASTE/REGULATION OF PERSONS ENGAGED IN
COMMERCIAL WASTE COLLECTION/ENGAGING IN BUSINESS
OF SOLID WASTE COLLECTION AND DISPOSAL; ISSUANCE OF
FRANCHISE AGREEMENT TO PRIVATE SOLID WASTE
COLLECTORS," FOR THE SAME PURPOSE; AMENDING
SECTION 22-119 OF THE CITY CODE TO PROVIDE AN
EXEMPTION DURING A DECLARED STATE OF EMERGENCY;
CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record: Item FR.2 was deferred to the December 12, 2019, Regular
Commission Meeting.
Chair Russell: FR.2, please.
Commissioner Hardemon: Mr. Chairman?
Chair Russell: Yes, sir.
Commissioner Hardemon: With SR -- FR.2, I've been the Solid Waste Advisory
Committee Chairman for the past six years or so, and in that committee, we have all
of the haulers who are a part of the industry, and we would meet -- I think at the time
I became Chairman, we hadn't met in -- that organization hadn't met in years, and
then we began to meet, and we met quite regularly in order to get the -- I forget what
they -- what we call it, but to get prepared for our solid waste contract that we all
end up executing, et cetera. And so, I'm asking that we continue this item so that I
can call a meeting with the Solid Waste Advisory Committee to discuss --
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Commissioner Carollo: (UNINTELLIGIBLE).
Commissioner Hardemon: -- this particular thing.
Commissioner Reyes: What I want you to know that we did -- I wanted you to know
that we did it -- we did this -- I mean, we presented this resolution -- this ordinance,
because we have gotten a lot of complaints of professional haulers that they get
contract with us, and then they subcontract people that they don't -- that not so
professional.
Commissioner Hardemon: Well, that's why I want to make sure I have a meeting
with --
Commissioner Reyes: Okay, fantastic.
Commissioner Hardemon: -- the professionals to see what's happening.
Commissioner Reyes: And also, we could, if you want to, bring some sort of criteria
of how the City will franchise them or what will accept them. Okay? Because -- and
I want to inform you, also that we worked with the Sanitation Department, and the
Sanitation Department was very much in agreement with this.
Commissioner Hardemon. Okay. So what I'll ask for is a deferral to the December
meeting.
Chair Russell: There is a motion to defer --
Commissioner Reyes: Okay.
Chair Russell: -- to the December meeting.
Commissioner Reyes: I (UNINTELLIGIBLE).
Commissioner Carollo: Second.
Chair Russell: Is there a Second?
Commissioner Carollo: Yeah, there is.
Commissioner Reyes: Okay.
Chair Russell: Okay. Commissioner -- who is the second?
Commissioner Carollo: I am.
Chair Russell: Commissioner Carollo seconds. Any further discussion? All in
favor, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Motion passes. Thank you very much.
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FR.3 ORDINANCE First Reading
6599
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING
CHAPTER 2, ARTICLE II, SECTION 2-33(C)(7) AND SECTION 2-
33(K) 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 CHANGE THE TIME AND MANNER WHEREBY
THE CITY COMMISSION MEETINGS ARE ADJOURNED;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION TO:
RESULT:
Withdraw by Sponsor
WITHDRAWN BY SPONSOR
Chair Russell: Now onto FR (First Reading) --
Vice Chair Gort: 3.
Chair Russell: -- 3.
Commissioner Reyes: FR.3.
Commissioner Carollo: Okay.
Chair Russell: This is your --
Victoria Mendez (City Attorney): FR.3 and FR.4, I don't know if you want to have
the discussion.
Commissioner Carollo: Well --
Commissioner Reyes: That's right.
Commissioner Carollo: -- we should, I think.
Chair Russell: So -- all right. So here's what we're going to do: We're going to
have a general discussion amongst the dais to see which way we want to go, because
we have competing ordinances here. And so --
Commissioner Carollo: Well --
Chair Russell: -- let's come to a consensus amongst us --
Commissioner Carollo: -- let me --
Chair Russell: -- and then we'll go from there.
Commissioner Carollo: -- begin by saying to my colleagues that we have two
different ordinance [sic] here, or we could leave it the way that it is. That's the third
option. I think maybe we, at least for the time being, should leave it the way that it is
instead of getting into a long discussion here, and maybe might be changed again
soon after anyway; I don't know. But the bottom line is that, look, any medical
doctor will tell you that if you're going to be working 15-, 16-hour days straight that
by the end of the day, your sense of comprehension has gone down tremendously.
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Commissioner Reyes: (UNINTELLIGIBLE).
Commissioner Carollo: Yeah. And, you know, we deal with so many important
items here that, in some cases, affect for years, in big sums of money, the City of
Miami, for us to be making decisions tired, late at night. Frankly, most governments,
whether it's Tallahassee -- and certainly, Tallahassee -- our Congress or Senate, or
other governments, usually when you get bad legislation, that's when it happens, late
at night. So all that I'm saying is that, you know, this "midnight" is not good policy.
I suggest we table this. You know, if we have to deal with it again, we deal it with
another time, but, you know, that's just my opinion.
Commissioner Reyes: Mr. --
Chair Russell: Commissioner Reyes.
Commissioner Reyes: -- Commissioner -- You see, I do agree, and that's one of the
main law -- economic laws of the law of diminishing returns, and I know that as time
passes by, you lose the concentration --
Commissioner Carollo: Yeah.
Commissioner Reyes: -- and all of that. But having said that, you see, the way it is
now, particularly the part that has to be unanimous for people to continue, this could
very well serve that if anybody, any Commissioner -- and I'm not accusing anybody -
- but any Commissioner that doesn't want an item to be voted or to be heard could,
at 10 o'clock, says, "This is it. We can" -- "we have to leave, because in order to
continue, we will have to have unanimity." You see, it have to be unanimous. I -- the
time of ending the Commission is not that important to me, but the fact that I would
like to change that instead of being unanimous, that we have four -fifth majority of
the people that are here. If there are only four, three have to vote in favor.
Chair Russell: That's not a four -fifths.
Commissioner Reyes: Well, there have to be supermajority.
Commissioner Carollo: Well, what you're saying is that --
Commissioner Reyes: Supermajority. Okay?
Commissioner Carollo: -- you don't mind leaving it at 10 --
Commissioner Reyes: But with a supermajority.
Commissioner Carollo: -- as long as you get a four -fifth?
Commissioner Reyes: A four -fifth or a supermajority.
Commissioner Carollo: Yeah.
Commissioner Reyes: There are only four --
Commissioner Carollo: Okay. Now --
Commissioner Reyes: -- people here, supermajority.
Commissioner Carollo: -- the -- would -- What happened the other day, frankly, is
the sort of meeting that it was -- look, it was cut short.
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Commissioner Reyes: Excuse me.
Commissioner Carollo: It was cut short.
Commissioner Reyes: I'm not accusing anybody.
Commissioner Carollo: No, no, no, no.
Commissioner Reyes: I mean, because it could happen to me. If I feel sick --
Commissioner Carollo: Yeah.
Commissioner Reyes: -- I will leave, you see?
Commissioner Carollo: Yeah, but --
Commissioner Reyes: And then, if I leave, and it is 10 o'clock; and then, by me
being absent, what's going to happen, they say, "Well, we cannot continue, " you see.
Chair Russell: Yeah.
Commissioner Reyes: What I want is to give this board --
Commissioner Carollo: What --
Commissioner Reyes: -- give them the alternative with supermajority to continue.
Commissioner Carollo: -- I'm saying is, Commissioner, that when the
Administration changed the meeting's time to 2 p.m. --
Commissioner Reyes: Yeah, and (UNINTELLIGIBLE).
Commissioner Carollo: -- on that day, they knew that with all the heavy items we
had, there was no way that we would have finished by 10, by 12, or maybe even by 3
or 4 in the morning.
Commissioner Reyes: Yeah, I know that.
Commissioner Carollo: And, you know, we just cannot have meetings that have so
much and to start at 2 p.m. One like this that wasn't heavy, yeah, you could do it, but
not with the items we had the last meeting. Now, having said that, what I would
suggest, also, that we leave open the possibility, if we need to, when we have a real
heavy month, of having a third meeting in the month. This way, we don't have to be
working until midnight or after midnight, and we could do the people's business with,
you know, clear, not tired heads.
Commissioner Reyes: Yeah.
Commissioner Carollo: That's all.
Commissioner Reyes: Well, I still would love for you guys to consider, you see, the
alternative, which is to have a supermajority, because if somebody has to leave or
wants to leave because of anything, you see, and some of us wants to take care of
business -- the rest of the business, or a couple of other things, we will have the
choice, the choice that said, "Okay, we" -- if we have a supermajority that -- I mean,
we vote, and four vote 'Yes," then we continue. If there are four -- three -- I mean, if
three vote 'Yes," then we will continue.
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Chair Russell: Thank you, Commissioner. Are there other comments?
Commissioner Gort -- Vice Chairman.
Vice Chair Gort: Look, I wanted a second amendment in my resolution being 10
o'clock, as long as we -- three of us can do it. Now, the one thing that always
happen, any one Commissioner could request a defer of any items that they believe is
going to be of very significant importance to be dealing later than that; they can
always -- we have always respected any Commissioner's request to defer an item.
Commissioner Carollo: Well, will you make that part of the motion, then?
Vice Chair Gort: Sure.
Commissioner Carollo: That --
Vice Chair Gort: I don't have any problem. We've done it always in the past.
Chair Russell: So --
Commissioner Carollo: -- we're bringing it back to the 10 o'clock, except with a
four -fifth, but if any Commissioner has to leave, that --
Vice Chair Gort: They can ask to --
Commissioner Carollo: -- items that he needs deferred will be deferred.
Vice Chair Gort: Thank you.
Commissioner Reyes: Absolutely. That's very fair.
Commissioner Gort: Okay.
Commissioner Hardemon: But now --
Commissioner Carollo: And so, that'll be part of that motion.
Commissioner Reyes: That'll be fair.
Commissioner Carollo: That'll be part of the motion.
Commissioner Hardemon: Mr. Chairman? Mr. Chairman?
Chair Russell: Just a moment. Commissioner Hardemon.
Commissioner Hardemon: I want to be clear that what Commissioner Carollo
stated takes away our ability on the dais to decide -- it does the same thing,
effectively. What you have to understand is this --
Commissioner Carollo: No, it doesn't. It doesn't.
Chair Russell: Just a moment, please.
Commissioner Hardemon: -- and I'll explain. If I understood you correctly, what
you stated was that if there's a Commissioner there that wants to -- that needs to
leave a meeting that the item that he wants to be continued will be continued.
Commissioner Carollo: That's correct.
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Commissioner Hardemon: Exactly. So then, we don't have the ability -- we don't
make that call as a -- on the dais about the continuance; that one Commissioner
takes his stuff with him.
Commissioner Carollo: But you could go with the rest of the items that are there.
Commissioner Hardemon: But you can go with the rest of the items.
Commissioner Carollo: Yeah.
Commissioner Hardemon: That's my point.
Commissioner Carollo: That's the difference.
Commissioner Hardemon: So I just want it to be known that -- so then, whatever
items that Commissioner wants to move from that night will move. So if your
concern as a board with "Oh, there are certain items you don't want to be heard" --
Commissioner Reyes: That's (UNINTELLIGIBLE).
Commissioner Hardemon: -- that motion will exacerbate that issue.
Commissioner Reyes: Absolutely.
Commissioner Hardemon: So I personally don't think that it's broken. I think that
the rule is seldomly used. In our time, it's been used twice in this year, which is, you
know -- everyone will have lost their money to think that it would have been bet --
that it would have been used twice. And so, it's just that there was so much going on
with the meeting, but I think that the --
Commissioner Carollo: We started very late. That's the problem.
Commissioner Hardemon: And we did. I think we did start very late. I think it was
doomed from the beginning. It was doomed from the beginning. And it should have
been done differently, but it was not. But my point here is that a 10 o'clock meeting
time is like a failsafe to me, because we rarely do it, but when it is done, it's done,
and it's according to the rule. Now, if we create a four -fifths or a supermajority sort
of rule, what's going to happen is, whatever reason that that Commissioner that
needed to leave, he -- whatever reason -- because he can choose to leave, if he likes,
but if there's something pressing on there that he's saying, "Look, Commissioners,
I'm going to end this meeting. I would really like to be here, but I can't be here, and
all these issues are very, very important to me." So when he ends a meeting, it's not
just for himself, he's ending it for everyone else. So I would believe that whatever
that reason is, it is of such importance that we just should respect everything in that
moment.
Commissioner Carollo: What we're --
Commissioner Hardemon: And the problem I have with the supermajority is that if
there is such a pressing reason for him to leave, he has to leave the business on the
dais, because I'll tell you, there are some -- there's a -- for instance, there's obviously
an item that I've been sponsoring that if I wanted -- the supermajority rule works for
me, because I can push it, push it, push it, push it until I have a favorable dais, and
then, you know, make a decision. All right? So I just think that -- but that
undermines what we're here trying to accomplish together. And so, that's why I
think the rule is not broken. I think that what happened last meeting was an
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anomaly, because of a number of different things, but I don't think that it was a -- I
don't think that the rule was the problem.
Chair Russell: So your opinion would be to leave as is?
Commissioner Hardemon: I would leave it as it is --
Chair Russell: All right. So here is my --
Commissioner Hardemon: -- because you're going to tie your hands. Right now, it's
our ability -- we can do all these different things.
Chair Hardemon: Correct.
Commissioner Hardemon: One thing I would hate for us to do is create more -- we
have more restrictions for ourselves.
Chair Russell: Now -- Thank you. And before we go on, I would like to get a
clarification for Commissioner Reyes, either from the City Attorney or the Clerk, on
the definition of "supermajority," because my understanding, if one person is missing
from this dais, you need a unanimous vote. It doesn't go down to two out of three or
three out of --
Commissioner Reyes: No, with the remaining. The remaining of --
Chair Russell: But a --
Commissioner Reyes: That's right.
Chair Russell: -- supermajority --
Commissioner Reyes: Okay.
Chair Russell: -- would still be four. A four -fifths would still be four.
Commissioner Reyes: Okay.
Chair Russell: So --
Commissioner Reyes: You are absolutely right there. You're absolutely right there.
But I -- what I want to do is to give the person -- I mean, the rest of the Commission
the opportunity to deal with other issues that they are important. Take, for example,
the Brito issue. You see, we had from the -- I mean, these people were here from
early morning, and it was 10 o'clock, and we couldn't even hear the problem. There
were children, there were teachers; there were a lot of people here that it was an
important issue. It might not be important to some other people, but for them, it was
extremely important, because they had to decide where are they going to teach those
kids. Right now they are doing it out of a banquet hall, and then they have been, I
mean, visited by Code -- by the Code Department and all of that.
Commissioner Hardemon: Mr. Chairman?
Commissioner Reyes: That is what I'm trying to avoid.
Commissioner Hardemon: Mr. Chairman?
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Commissioner Reyes: I'm trying to avoid those issues that are important for the
people that come here, to our residents, you see? And because somebody has the
need to leave, then the meeting is over, and their issue is not heard, and they have to
wait two other weeks or four more weeks. You see?
Commissioner Hardemon: So --
Chair Russell: Thank you, Commissioner.
Commissioner Reyes: That's what I'm trying --
Commissioner Hardemon: So --
Chair Russell: Commissioner Hardemon.
Commissioner Hardemon: -- I will tell you to that point that the way that we used to
do our public hearing, our public comment was more problematic than what
happened at our last meeting. We would literally have, say, an agenda that had, say,
60 items on it, and their item could have been number 60 or number 59, and we
would call up each item, and every time we call each item, we opened the floor for
public comment, and everyone had an opportunity -- everyone present had an
opportunity to speak for two minutes. And so, effectively, what would happen is, you
could never get to their issue, and their issue would be continued; or you get to it
and they've been here since 9 o'clock in the morning, and it was 2 o'clock in the -- 9
o'clock in the morning, and it was, again, 2 o'clock in the morning. And so, that was
more traumatic than the way that we've moved to. Well, now they have an
opportunity to be heard, you know, at 9 in the morning, at 2 in the afternoon, but
now the issue might not have been decided. Now, how we get through the business is
another thing, but I would tell you, though, that last meeting, I still feel, was an
anomaly. Right? There were times in our -- the way we used to do it, where had to
continue the items, because we just couldn't go any further.
Commissioner Reyes: Absolutely.
Commissioner Hardemon: The 10 o'clock rule -- most of us almost always decide to
work past 10 o'clock, except in this matter, this last meeting. We had a
Commissioner that told us, "Hey, I can't move past 10 o'clock this time."
Commissioner Reyes: Yes.
Commissioner Hardemon: "I want to hear all these items. I know it's a disruption,
but I'm going to have to exercise the rule." And I don't think that that was problem --
it affected people, certainly, but I don't think that it's problematic from a procedural
standpoint.
Chair Russell: So here's a hybrid suggestion, perhaps: Leave the rule as is with
regard to needing unanimous consent, but moving it to midnight instead of 10. For
my opinion, there are only two official days that we have to work. I know we do a lot
more. But we must be here for these two days a month to conduct the business of the
City. I'm willing to tough it out. Cuban coffee can get us there; at least till midnight,
and I believe that's our responsibility to the residents who come and
(UNINTELLIGIBLE) -- they're willing to wait. I do not want to move to a third
meeting a month. I will tell you this: If we leave the unanimous rule in place --
Commissioner Hardemon: But it's not (UNINTELLIGIBLE).
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Chair Russell: -- if we leave it at 10 p.m., I, as the Chairman, will be running these
meetings a lot tighter, because we need to get through the business of the people.
Commissioner Hardemon: Mr. --
Chair Russell: We do a lot of talking, a lot of discussion amongst ourselves. We can
do that, but after we knock out the business of the City.
Commissioner Hardemon: But Mr. Chairman, the thing about --
Chair Russell: Yes.
Commissioner Hardemon: And I'm sorry, Commissioner Gort. And I'll say this, and
I'll let you speak.
Vice Chair Gort: Go ahead.
Commissioner Hardemon: The -- you can't just think about us on this dais when you
think about that time. There's a lot of support that goes along with us continuing
these meetings. So even when we decide to move past mid -- besides 10 o'clock,
midnight, whenever we -- how long we want to continue working. There's lots of
people that work, that have families, that they aren't able to go home, as well,
because they're here with us doing this business. And so, it's just something that, you
know -- and they -- their workday start at or earlier than 9 o'clock, as well. And so,
you know -- and then they have to come to work that morning, as well. So it's a
tough issue that's not just about us. I know people like to say, "Okay. Well, you
know, the Commissioners" -- "officially, you only have to work these two days a
month, but" -- I mean, it's hogwash compared to the type of commitment and
preparation that you need to be effective on this dais.
Chair Russell: Agreed.
Commissioner Hardemon: And so, you know -- but just as much as we work, these
guys who support us work that much and harder. Right? And so, I just say that
that's why I think it is okay the way it is, but you know, I'm a parent now. I know
what it is to pick up a child from day care or try to figure out who's going to pick up
whom next, and it's troublesome. And so, this is a real job that gets -- it has weird
hours at certain days, and I just want to be cognizant of that and those who this is
affecting.
Chair Russell: Thank you.
Commissioner Reyes: On that line of (UNINTELLIGIBLE).
Chair Russell: Vice Chairman Gort.
Commissioner Reyes: Yes.
Vice Chair Gort: Let me tell you, I don't have any problem with 10 o'clock, as long
as we can go ahead and continue. For example, I had an issue that was allocating
funds to put more cameras within certain area; not only for the police safety and for
the crime -solving problems, but also for illegal dumping that is taking place. So
those cameras, now they got to wait until the 24th, and that's something that is -- that
-- and Commissioner had something to do with his district, which was the school;
that was very important for them. So that's why I'm saying, we always respect, and
the Commissioners can ask -- "I don't want to" -- "this case to be heard. I want to be
heard next Commission meeting, when I'm here."
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Commissioner Reyes: Mr. Chair?
Chair Russell: Commissioner Reyes.
Commissioner Reyes: You see, I'm going to follow Commissioner Hardemon
statement that it is, I think, part of a system, you see. The extensive public comments
that we have, but that's -- I believe -- and we should think about this -- that is
duplicity of public comments, because when we call the issue for discussions, we are
going to hear the same comments that were made in the morning and the same
people that came before the microphone and they stated their position on why the
position was such, then we will hear the same person when the item is heard and that
takes a lot of time, and you know that. You see, it is duplicity of comments. And I
think that -- something that we should look into it. If -- either we change that public
comments is -- they're going to be accepted when the item is called.
Chair Russell: Well, that's procedural. We don't need (UNINTELLIGIBLE).
Commissioner Reyes: That's procedural. That is a suggestion for procedural. And
also, you see, we have -- one problem that we had had, it is because the way that we
do it -- we do business is that we ask for time certain, certain issues, and very seldom
we are able to comply with the time certain that we have requested.
Chair Russell: Well -- Commissioner Hardemon.
Commissioner Hardemon: In the past, we had more time certain items than we had
time, and I mean that. It was impossible to run a Commission meeting and have time
certain items, and get done the regular business of the agenda. If there is such a
spirit to change the rule, I would then -- what I would be agreeable to would be what
Commissioner Gort put on the record, which was that if there is an item that strictly
affected one district -- or items that strictly affected one district, and that district
Commissioner wanted those items to be heard, then you could continue, maybe. I'm
-- maybe --
Chair Russell: Describe "continue."
Commissioner Hardemon: And the only --
Chair Russell: "Continue" is a legal term. What did you mean?
Commissioner Hardemon: Continue hearing beyond --
Chair Russell: We would stay?
Commissioner Hardemon: Right. And I -- you know, I -- it's touchy about that,
because -- well, yeah, then we will stay. Now, that could possibly mean that the four
who decide to stay could be here for another five hours. So I just kind of want to put
that into perspective; that, you know, we look at things as far as items are concerned
-- one item, two item; it's only this -- and maybe, certainly, there will be some items
where you just call it and it passes, but there are other items that you call and we
talk about for three hours, and then may only affect one district. So, you know, I'm --
that's the compromise that I think I can make, but I know that it's a -- it's still a huge
compromise. Other than that, then I'd just like to see it the way it is.
Chair Russell: So I'm open to leaving it as is, as well, but running a tighter meeting,
and working together on that.
Commissioner Reyes: Well.
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Chair Russell: Is there a willingness to either withdraw or defer anything in here to
work further on?
Commissioner Carollo: Hearing --
Commissioner Reyes: Listen --
Commissioner Carollo: -- that two of you are willing to leave it as is, I'll withdraw
my FR.3.
Commissioner Reyes: And -- I mean, if this is the consensus, fine, but what I want to
do is I want to avoid the same situation that I -- we had with -- I mean, if that is in
deference to our residents; that they come and they spend the whole day here, and
then at 10 o'clock, because somebody -- I mean, one of us have the need or feel sick,
or whatever it is, leaves, and since we don't have unanimous -- a unanimous vote on
continuing, then those persons that spend -- I mean, those are working persons.
These people are working. They spend the whole day here, and then at 10 o'clock,
for whatever reason, for whatever reason, we said, "Okay, fine. Now it's 10 o'clock."
Just like that old TV (television) ad, "You know where your children are?" You see?
It's 11 o'clock. I mean, it's 10 o'clock, and then we're leaving, you see. We are
leaving. Why? Because Commissioner so -- Manolo Reyes, he feels sick or he has to
go to the airport and pick up his wife, or whatever it is, you see. And then those
people that spend the whole day here listening to all the discussions so that we --
that we extend our conversations, and we talk and we talk and we talk and all of that,
and then at 10 o'clock, you decided, "Okay, this is over," you see? I think that we
owe that to our residents. We owe at least those people that were here for so long,
for the whole day; they deserve to -- that the problems that they brought before us be
solved.
Chair Russell: Thank you. Just to clarify the existing ordinance, at 10 p.m., not
everyone needs to stay. If somebody has to go, they can still give consent for the
entire body to continue without them if (UNINTELLIGIBLE).
Commissioner Reyes: Well, if that's the case, I'm willing to --
Chair Russell: Leave it as is.
Commissioner Reyes: -- leave it as it is. Under these conditions: We take a vote,
and we vote unanimous (UNINTELLIGIBLE). Let's say that I have to leave. I say,
"Listen, I have to leave. I'm going to defer this, this, and that." And we vote, and we
vote unanimously that we want to continue, I will leave, and it will -- quorum will be
considered, you see.
Chair Russell: Got it.
Commissioner Carollo: They'll still come to you.
Chair Russell: Now, there's one catch --
Commissioner Carollo: Still come to you.
Chair Russell: -- catch, if I could, because this came up in the last one. At the 10
p.m., when an item is done, the Clerk will take that vote. We're not able to defer
things before that vote, and that's one thing we -- if there's a change --
Commissioner Reyes: Absolutely.
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Chair Russell: -- we might want to do that, because that person who's deciding
whether or not to let the meeting go on without them wants the comfort that the items
they care about are going to be continued or deferred, and they're leaving it in the
trust of those after they've stepped off the dais. So that might be an amendment, and
I'd recommend cooking this a little more and bringing it back.
Commissioner Reyes: Absolutely. Let's do it.
Chair Russell: I'm feeling a consensus, but I would say to withdraw the two items --
Commissioner Reyes: That's right.
Chair Russell: -- and then I think we're moving somewhere.
Commissioner Reyes: I'm willing to withdraw, as long as --
Commissioner Carollo: Okay.
Commissioner Reyes: -- we bring this back and everybody thinks about it, and let's -
- as you said, let's cook it, but we need some changes.
Chair Russell: All right. But I will continue to push for less talk, more action,
quicker meetings. In that way --
Commissioner Reyes: You mean that?
Chair Russell: Yes.
Commissioner Reyes: You're going to limit yourself?
Chair Russell: I'll try to talk less, as well.
Commissioner Reyes: My goodness.
Chair Russell: Guilty.
Commissioner Reyes: Hallelujah.
Chair Russell: Do you need a vote to withdraw?
Mr. Hannon: No. FR.4 is Commissioner Gort and Commissioner Reyes's item. So
Commissioner Gort, are you fine with withdrawing the item, as well?
Vice Chair Gort: I'm fine.
Mr. Hannon: Understood. Withdrawn.
Chair Russell: All right. No vote necessarily.
Commissioner Carollo: All right.
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FR.4 ORDINANCE First Reading
6592
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 CHANGE THE
TIME AND MANNER WHEREBY THE CITY COMMISSION
MEETINGS ARE ADJOURNED; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
RESULT:
Withdraw by Sponsor
WITHDRAWN BY SPONSOR
Note for the Record: For minutes referencing Item FR.4, please see Item FR.3.
FR.5 ORDINANCE First Reading
6588
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 38 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED "PARKS AND RECREATION" MORE
PARTICULARLY BY ADDING A NEW ARTICLE VII ENTITLED,
"MAURICE A. FERRE PARK CONSERVANCY", PROVIDING FOR
POWERS, DUTIES, AND SCOPE OF A CONSERVANCY FOR THE
MAURICE A. FERRE PARK FOR THE PRESERVATION,
MAINTENANCE, AND IMPROVEMENT OF THE MAURICE A.
FERRE PARK; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Russell, Gort, Reyes, Hardemon
ABSENT: Carollo
Note for the Record: For minutes referencing Item FR.5, please see "Order of the
Day."
END OF FIRST READING ORDINANCES
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BC.1
5544
Office of the City
Clerk
BC.2
5545
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:
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
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR A TERM AS
DESIGNATED HEREIN.
APPOINTEE:
Rodney Sobelson
ENACTMENT NUMBER: R-19-0390
NOMINATED BY:
Commissioner Keon Hardemon
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Keon Hardemon, Commissioner
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record: A motion was made by Commissioner Hardemon, seconded
by Vice Chair Gort, and was passed unanimously, to appoint Rodney Sobelson as a
member of the Audit Advisory Committee, further waiving the residency
requirements of Section 2-884(a) by a four/fifths (4/5ths) vote of the members of
the City Commission, as it relates to Rodney Sobelson as a member of the Audit
Advisory Committee.
Nicole N. Ewan (Assistant City Clerk): BC.2, the Audit Advisory Committee:
Commissioner Hardemon will be appointing Rodney Sobelson, with a four -fifths
residency waiver.
Commissioner Reyes: Move it.
Commissioner Hardemon: Excuse me for a second.
Chair Russell: Just a --
Commissioner Reyes: (UNINTELLIGIBLE).
Ms. Ewan: Okay, we'll hold on that.
Later...
Chair Russell: We do have a full dais.
Commissioner Hardemon: And then I'll --
Chair Russell: We can take up BC.2, as well.
Commissioner Carollo: PZ (Planning and Zoning) --
Commissioner Hardemon: Is BC.2 mine? Right.
Commissioner Carollo: Yeah.
Commissioner Hardemon: So I move that we accept the recommendation that was
stated on the record previously.
Vice Chair Gort: Second.
Chair Russell: Moved by Commissioner Hardemon; seconded by the Vice Chair.
All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Motion passes. Thank you very much.
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BC.3
6582
Office of the City
Clerk
BC.4
6566
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE RESIDENCY
REQUIREMENT BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO
IGNACIO J. ABELLA AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE.
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR
A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Alex Cardenas Commission -At -Large
ENACTMENT NUMBER: R-19-0391
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record: A motion was made by Commissioner Carollo, seconded by
Vice Chair Gort, and was passed unanimously, to appoint Alex Cardenas as a
member of the Bayfront Park Management Trust; further waiving the term limits
of Section 2-885(b) by a unanimous (5/5) vote of the members of the City
Commission, as it relates to Alex Cardenas as a member of the Bayfront Park
Management Trust.
Nicole Ewan (Assistant City Clerk): For BC. 4, Bayfront Park Management Trust.
Commissioner Carollo: Alex Cardenas.
Ms. Ewan: Yes, to the at -large position, with a five -five term waiver, but
Commissioner Hardemon just left.
Commissioner Carollo: Motion for Alex Cardenas to be reappointed.
Chair Russell: Thank you. And what was the remainder of the --?
Ms. Ewan: We'll table it, because it requires a five -five term waiver, and
Commissioner Hardemon just stepped away.
Chair Russell: Thank you. We'll come back to that one.
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BC.5
5441
Office of the City
Clerk
Later...
Commissioner Carollo: If we could go back to BC.4, now that we have five people
here; the reappointment of Alex Cardenas to the Bayfront Park Management Trust.
Chair Russell: There's a motion to pass BC.4.
Commissioner Carollo: Motion.
Chair Russell: Is there a second?
Commissioner Hardemon: Who's the person again?
Commissioner Carollo: Alex Cardenas.
Commissioner Hardemon: Okay.
Vice Chair Gort: Second.
Chair Russell: Moved by Commissioner Carollo; second by the Vice Chair. All in
favor, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes.
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 Manolo Reyes
Commissioner Keon Hardemon
City Manager Emilio T. Gonzalez
RESULT: NO ACTION TAKEN
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BC.7
6567
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RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
(Alternate Member)
NOMINATED BY:
Commissioner Ken Russell
Commission -At -Large
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI COMMUNITY ADVISORY
BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Brandon Alfred Commission -At -Large
ENACTMENT NUMBER: R-19-0392
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Russell, Reyes, Hardemon
ABSENT: Gort, Carollo
Chair Russell: Good afternoon; calling back to order. We're going to take up
boards and commissions [sic] while we have three here. Boards and committees, I'm
sorry.
Nicole N. Ewan (Assistant City Clerk): Good afternoon, Chair. Thank you. BC.7,
Community Advisory Board: The board is requesting confirmation of Brandon
Alfred.
Chair Russell: Is there a motion?
Commissioner Reyes: Moved.
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Chair Russell: Moved; seconded by Commissioner Hardemon. All in favor, say
aye.
The Commission (Collectively): Aye.
Chair Russell: Motion passes.
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
Mayor Francis Suarez
Commissioner Wifredo (Willy) Gort
Commissioner Wifredo (Willy) Gort
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Keon Hardemon
Commissioner Keon Hardemon
RESULT: NO ACTION TAKEN
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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:
Mayor Francis Suarez
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Keon Hardemon
Commissioner Keon Hardemon
RESULT: NO ACTION TAKEN
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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
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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 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:
Eric Zichella Commissioner Joe Carollo
ENACTMENT NUMBER: R-19-0393
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Russell, Reyes, Hardemon
ABSENT: Gort, Carollo
Nicole N. Ewan (Assistant City Clerk): BC.12, Finance Committee: Commissioner
Carollo will be reappointing Eric Zichella.
Chair Russell: Moved by Commissioner Reyes; seconded by Commissioner
Hardemon. All in favor, say "aye."
The Commission (Collectively): Aye.
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
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BC.15
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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 Manolo Reyes
Commissioner Keon Hardemon
Commission -At -Large
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE MIAMI COMPLETE COUNT COMMITTEE FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Patricia Pino Commissioner Manolo Reyes
Samuel Latimore Commissioner Keon Hardemon
Jacqui Colyer City Manager Emilio T. Gonzalez
ENACTMENT NUMBER: R-19-0394
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Carollo, Reyes, Hardemon
ABSENT: Gort
Nicole N. Ewan (Assistant City Clerk): BC.1 S, Miami Complete Count Committee:
Commissioner Gort will be appointing Pat Gajardo, Commissioner Hardemon will
be appointing Samuel Latimore, Commissioner Reyes will be appointing Patricia
Pino, and the City Manager will be appointing Jacklyn Colyer -- Jacqui Colyer;
excuse me.
Chair Russell: Thank you. Does that complete that board?
Ms. Ewan: That completes that board, correct.
Chair Russell: Excellent. Let Commissioner Bovo know we've got our committee in
place.
Ms. Ewan: Will do.
Chair Russell: Commissioner -- Vice Chairman, did you have something?
Vice Chair Gort: I want to hold all my appointments, so whenever the new
Commissioner comes in, he could go ahead and make them.
Ms. Ewan: Fair enough.
Vice Chair Gort: (UNINTELLIGIBLE).
Ms. Ewan: So we'll be removing Commissioner Gort's appointee from the Complete
Count Committee.
Chair Russell: Okay. We don't have a motion yet on that anyway. So would you
read it again?
Ms. Ewan: Yes. BC.15, Miami Complete Count Committee: Commissioner
Hardemon will be appointing Samuel Latimore, Commissioner Reyes will be
appointing Patricia Pino, City Manager will be appointing Jacqui Colyer.
Chair Russell: Is there a motion? This is the Complete Count Committee for the
census. Is there a motion?
Commissioner Reyes: Move it.
Chair Russell: Moved by Commissioner Reyes; seconded by Commissioner Carollo.
All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes.
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BC.17
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Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS'
OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Commissioner Keon Hardemon
Commissioner Keon Hardemon
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE EMPLOYMENT
REQUIREMENTS BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO
RALPH ROSADO AS A MEMBER OF THE MIAMI FOREVER BOND PROGRAM
CITIZENS' OVERSIGHT BOARD.
ENACTMENT NUMBER: R-19-0395
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Nicole N. Ewan (Assistant City Clerk): BC.17, Miami Forever Bond Citizens
Oversight Board: Ralph Rosado, a current incumbent on the board, he inquires a
four -fifths residency waiver -- excuse me -- employment waiver.
Chair Russell: Thank you. So you need a four -fifths on this, which would be a
unanimous of those present.
Ms. Ewan: Ralph Rosado, he was previously appointed by Commissioner Reyes.
Commissioner Reyes: I really (UNINTELLIGIBLE).
Chair Russell: Is there a motion?
Commissioner Carollo: There's a motion.
Chair Russell: Thank you, Commissioner Carollo; seconded by the Chair. All in
favor, say "aye."
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The Commission (Collectively): Aye.
Chair Russell: Any opposed?
Commissioner Reyes: (UNINTELLIGIBLE).
Commissioner Carollo: Okay.
Commissioner Reyes: (UNINTELLIGIBLE)?
Chair Russell: It is for a employment waiver for Ralph Rosado to serve on the Bond
Oversight Committee.
Commissioner Hardemon: No problem; go ahead.
Chair Russell: All right. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes.
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
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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
RESULT: NO ACTION TAKEN
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BC.21
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RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE SENIOR CITIZENS' ADVISORY BOARD FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Keon Hardemon
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
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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:
RESULT: NO ACTION TAKEN
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
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commission -At -Large
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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
END OF BOARDS AND COMMITTEES
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DI - DISCUSSION ITEMS
DI.1 DISCUSSION ITEM
6476 11:00 A.M. TIME CERTAIN
Commissioners
and Mayor
A DISCUSSION REGARDING JUNE 13, 2019 AND JULY 30,
2019 AS WELL AS RESULTING ASSOCIATED EVENTS.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record: Item DI.1 was deferred to the December 12, 2019, Regular
Commission Meeting.
For additional minutes referencing Item DI.1, please see "Public Comment Period
for Regular Item(s)."
Commissioner Carollo: I will say this so that you all could be relieved and the
Colonel could be relieved: The items that I have that, again, you used to speak on --
let's see.
Chair Russell: DI (discussion).
Commissioner Carollo: DL1, DI2, and I'll even throw in DL3, so we could have a
trifecta. Let's finish early today. I think we all have things to do; I certainly do.
And let's bring this up in the first December meeting; that's a good month.
Chair Russell: Commissioner, shall we consider DI.1 discussed? And DI.2 ?
Commissioner Carollo: No, no, no. I have not discussed DI.1, because DI.1 is
getting into these specific dates and a lot more. So DI.1, DL2, and DL3, I will make
a motion to defer to the first meeting in December.
Chair Russell: There's a motion. Is there a second? Seconded by Commissioner
Reyes. Any further discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes. Thank you, Commissioner Carollo.
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DI.2 DISCUSSION ITEM
6477 11:00 A.M. TIME CERTAIN
Commissioners
and Mayor
A DISCUSSION REGARDING THE CITY MANAGER, CODE, AND
BUILDING PROCEDURES/ENFORCEMENT OR LACK THEREOF.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record: Item DL2 was deferred to the December 12, 2019, Regular
Commission Meeting.
For minutes referencing Item DL2, please see Item DI.1.
DI.3 DISCUSSION ITEM
6027
Commissioners
and Mayor
A DISCUSSION ITEM REGARDING KEYS TO THE CITY AND CITY
PROCLAMATIONS.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record: Item DL3 was deferred to the December 12, 2019, Regular
Commission Meeting.
For minutes referencing Item DI.3, please see Item DI.1.
DI.4 DISCUSSION ITEM
6099
Commissioners
and Mayor
A DISCUSSION ITEM REGARDING THE OFFICE OF CAPITAL
IMPROVEMENTS.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Manolo Reyes, Commissioner
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Russell, Gort, Reyes, Hardemon
ABSENT: Carollo
Note for the Record: For minutes referencing Item DI.4, please see "Order of the
Day."
END OF DISCUSSION ITEMS
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D3 - DISTRICT 3 ITEM
COMMISSIONER, DISTRICT THREE JOE CAROLLO
D3.1 DISCUSSION ITEM
6575
Commissioners
and Mayor
A DISCUSSION ITEM REGARDING THE STATUS OF INTERNAL
AFFAIRS INVESTIGATION OF FRANK PICHEL.
RESULT: DISCUSSED
Todd B. Hannon (City Clerk): There is one item left, though; D3.1.
Chair Russell: D3.1, do you need an action on that? It's a discussion item.
Mr. Hannon: I believe --
Chair Russell: Madam City Attorney, Mr. Manager, you had a statement you
wanted to make regarding D3.1 before we have this discussion.
Emilio T. Gonzalez (City Manager): Yes, sir. I understand that this is a status on an
Internal Affairs investigation. I've discussed this with the Chief of Police. The
investigation is ongoing, and as a result, there's not much that I could contribute to
this conversation. So I would ask that we allow this to play itself out. Our Police
Department will issue a report, and then we'll be happy to discuss the contents of the
report or any --
Chair Russell: As Chair, I need more clarification. "Are we able to have this
discussion item without interfering with a legal process?" is my question.
Victoria Mendez (City Attorney): Well, the discussion item is this, giving us status. I
believe that Commissioner Carollo -- there was a concern that was brought up.
Commissioner Carollo at that last meeting wanted to --
Commissioner Carollo: That's right.
Ms. Mendez: -- make sure that there was something done about it. I believe that
now there is an Internal Affairs investigation, and there is also a CIP (Civilian
Investigative Panel) investigation.
Commissioner Carollo: That is correct. And let me say this also on the record.
Look, I believe this firmly, that any employee that's accused of anything has every
right to due process, so let's lay that out on the table. Any one of us would certainly
expect to have that. Secondly, the area that caught my attention the most was that
there indeed, from what I understand, was an arrest made. So that led to other
allegations. Now, I've heard what the City Attorney has said. I heard what the
Manager has said. This is what I believe Mr. Pichel had requested, and unless he
has any statements to make to the actual arrest, then I think that it is more than not
more appropriate to let this item go for the meantime, until we get anything back.
And I have made my statements before on how I feel about our whole process here,
and I stand by them, but I didn't have any other intentions but to let someone that is a
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resident of Miami that not only felt, but certainly, it appears that it was proven by an
arrest that he was wronged, to have had his day. I'm glad the Manager acted upon
this. Through the Chair, Mr. Pichel, is there any statement that you'd like to make
that's limited --?
Chair Russell: I do not believe it's appropriate for us to be taking anything of
substance within this, as an investigation is ongoing; I simply do not.
Commissioner Carollo: Well --
Frank Pichel: You know, every time I come up here --
Chair Russell: Just a moment, sir.
Mr. Pichel: (UNINTELLIGIBLE).
Chair Russell: Just a moment, sir. Just a moment. I need clarification, because
when you come up here, sometimes it's inappropriate. I'm happy to let you speak if
it's appropriate and it's not going to affect an investigation. I need to understand
from our City Attorney --
Ms. Mendez: Mr. Pichel --
Chair Russell: -- if it's appropriate to have this discussion. I want to honor the
Commissioner's discussion item; he's brought it up, but we had been warned --
Commissioner Carollo: (UNINTELLIGIBLE) at least --
Chair Russell: -- and I'd like to follow through with that.
Commissioner Carollo: -- I put it up --
Chair Russell: Yeah.
Commissioner Carollo: -- so that someone could have the opportunity, but I'm not
going to be discussing this. I don't know anything about it.
Chair Russell: Understood. Madam City Attorney.
Ms. Mendez: Mr. Pichel, based on your statement the last time, the City has acted;
has been able to do both -- I believe, a CIP investigation is happening, along with
also Internal Affairs. So the best thing --
Mr. Pichel: (UNINTELLIGIBLE).
Chair Russell: Well, you haven't been addressed yet. I'm asking -- you have not
been addressed, sir. I'm talking to the City Attorney.
Mr. Pichel: I'm talking to you.
Chair Russell: You're not recognized at this moment. If the City Attorney believes
that your statements will not be inappropriately interfering with an ongoing
investigation, I will be glad to give you the floor. I am waiting to hear from my City
Attorney.
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Ms. Mendez: So my recommendation would be not to address this matter now,
because it is under investigation. Let the proper channels be addressed, and then
move forward.
Chair Russell: All right. But she is our Attorney --
Ms. Mendez: That's my recommendation to the Commission.
Chair Russell: -- and we are choosing to follow her recommendation, so that'll be
the end of this discussion item.
Mr. Pichel: (UNINTELLIGIBLE).
Chair Russell: This is not the forum. This is simply not the forum. You have an
ongoing investigation, and there's a correct forum to address it.
Mr. Pichel: (UNINTELLIGIBLE).
Chair Russell: I'm sorry; this is not an open public forum for anything anyone wants
to say.
Mr. Pichel: (UNINTELLIGIBLE).
Chair Russell: I'm sorry; you -- this is not the place for this. This is not the place
for this. Mr. Pichel, this is not the place for this.
Ms. Mendez: Mr. Pichel, do you also want us to forward it to FDLE (Federal
Department of Law Enforcement)? We could do that, as well.
Many Pichel: Oh, yeah. (UNINTELLIGIBLE) they want.
Ms. Mendez: Okay. We can do that, as well, for you.
Chair Russell: All right.
Mr. Pichel: No, but I (UNINTELLIGIBLE).
Ms. Mendez: No.
Mr. Pichel: (UNINTELLIGIBLE).
Ms. Mendez: We can forward it, as well.
Chair Russell: Thank you very much.
Ms. Mendez: Thank you.
Chair Russell: I'll consider that the close of this discussion item. Is there any more
business before the City? Seeing none, I will bring this meeting to an adjournment.
Thank you very much, everyone.
Commissioner Reyes: Thank you very much.
END OF DISTRICT 3 ITEM
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NA.1
6652
City Commission
NA - NON -AGENDA ITEM(S)
DISCUSSION ITEM
COMMISSIONER JOE CAROLLO ADDRESSED COMMENTS
MADE DURING THE PUBLIC COMMENT PORTION OF THE CITY
COMMISSION MEETING HELD ON OCTOBER 10, 2019.
RESULT: DISCUSSED
Chair Russell: Before we go to the discussion items, I would like to see if we can
take up the CA (consent agenda), PH (public hearing), and remainder of the RE
(resolution) agendas.
Commissioner Carollo: Excuse me, Mr. Chairman.
Chair Russell: Yes, Commissioner Carollo.
Commissioner Carollo: The public hearing section is closed, correct?
Chair Russell: The section for public comment -- there is no one else here who
would like to speak from the public; so, yes.
Commissioner Carollo: Okay. So that is closed?
Chair Russell: Yes.
Commissioner Carollo: All right.
Chair Russell: Thank you.
Commissioner Carollo: So now is my turn.
Chair Russell: Is there --? Well --
Commissioner Carollo: No, no, no. It's --
Chair Russell: -- I would like to try to get the business --
Commissioner Carollo: -- well, you --
Chair Russell: We're doing great. We're doing so well.
Commissioner Carollo: We're doing great.
Chair Russell: So --
Commissioner Carollo: But you know what? You still have someone making
disparaging remarks against me --
Chair Russell: Yes.
Commissioner Carollo: -- that are not true, and I have every right to defend myself
whether you like it or not. This is not a one-way show. It's --
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Chair Russell: Not at all; it's the will of the body, Mr. Commissioner.
Commissioner Carollo: The Mayor can send his lapdog here to attack me --
Chair Russell: Mr. Commissioner --
Commissioner Carollo: -- and I can't speak?
Chair Russell: You will have -- you will absolutely have your time. What I want to
seek is --
Commissioner Carollo: No, no. I put -- I asked --
Chair Russell: Commissioner, please.
Commissioner Carollo: -- if you don't want to give me the time, I'm going to ask --
Chair Russell: I am absolutely willing to give you the time, Commissioner, if you
will wait one moment; it is to see the will of this body, how we're going to run the
entire day. We have a very short agenda, and I definitely want to give you your
time, and I want to give it to you as soon as possible. So the question for this body -
Commissioner Carollo: Well --
Chair Russell: -- if we take this item up, it can be a lengthy item, and that's fine.
But --
Commissioner Carollo: I don't think it will be.
Chair Russell: Just a moment. But we'll run into the lunch hour; and so, I want to
know if the will of this body is to go -- work through the lunch hour and just knock
out the business of the day and be done for the day, or take up some of the business
of the day first, and then take up the discussion item for as long as it would be. I'll
go either way, but I want to know if the body wants to break at 12; that's the big
question. Does the body wish to break at 12 o'clock? I'm willing to work through.
Vice Chair Gort: I don't have any problem working through.
Commissioner Hardemon: Yeah. I don't have a problem hearing from
Commissioner Carollo.
Chair Russell: No, no, of course.
Commissioner Reyes: Me either.
Chair Russell: That's not a dispute. I'm just asking whether the will is to work
through lunch --
Commissioner Reyes: Yeah.
Chair Russell: -- to finish the agenda early. All right. Commissioner Carollo, the
floor is yours.
Commissioner Carollo: Thank you very much, and thank you to my colleagues. I
need to respond just to a few of the false statements that this individual has made,
okay? Let me try to get closer. I'd like to respond to a few of the false statements
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that this individual has made, trying to defame me. Let's begin with this notion that
he stated here in his (UNINTELLIGIBLE) attacking me, in violation of
departmental rules and regulations that somehow, I said that I was going to disarm
the SWAT (Special Weapons and Tactics) Team. I've never made such a statement,
because how could I disarm a SWAT Team? So I don't know where this individual
has gotten that from, because that's a statement that I have not made. Secondly,
that I accepted an award as some kind of war hero. Never have I accepted an
award for being any kind of war hero. What was sent to my office that we will be
dealing with in another hour was a salute where it was being planned by being --
that salute being sent to me for being in the Marine Reserve, and they didn't even
put in active Reserve, like they should have, and they used an award for
Commissioner Gort in being also in the Reserve, but no one ever challenged his
time, or if he had an honorable discharge or a DD214, or a DD256. That award or
salute was given to try to set up everything else that happened, including this man
statements today. So I have never said to anyone that I was a war hero. Even he,
himself, has stated in his attacks on me, nonstop, on Twitter, that I have never told
anyone that I was even in the Marines in active Reserve, which is true. The only
time that I mentioned it originally was about a year and a half ago, when the City
Manager asked me and prodded me if I was ever in the military, and I said I was
only in the inactive Marine Reserve, which he, as a Colonel, should know exactly
what that means. And then the second time that I addressed it -- and this time, it
was public -- was because the Colonel Manager put me in a position that I was
forced to address it. After his office sent emails, they called my office. And then,
he, himself, contacted my staff -- which has never happened in that fashion before --
for me to be present on July 31 of this year, when two flags for veterans and law
enforcement were being unveiled at the MRC (Miami River Center). I figured even
though I had a conflict half an hour later -- I had a groundbreaking -- I figured I'd
better go, because I got the feeling I was being set up, so if I didn't go, I would be
attacked that I didn't go. Boy, little did I know that what they were trying to set me
up for was that the Colonel Manager got up and introduced me as a Marine Corps
veteran, which I never said that to him in a private conversation; I've never said it
anywhere, because I've never been one. To be a veteran, you would have had to
have served 180 days in active duty, and I never did that; I never claimed that,
whatsoever. So these are the only two times that I addressed that. It started as a
private conversation when I was asked; not that I volunteered. And then to have to
correct the Manager in public, when I told him that I was only in the inactive
Marine Reserve, not active, so don't put me in the front lines. So I hope that that
false statement by this gentleman is correct. Now, his statement, which is even
more bizarre, that I threatened him to take him to my office and beat him up, and all
kinds of stuff like that, the record is clear here. There's a video of that Commission
meeting when the Chairman let him go and attack me. If this would have been
someone saying this to him, he would have been jumping up and down, but that's
okay. That was allowed to be done to me, when I cannot recollect any other time,
except when the guy that gave him the information -- that's also false -- to attack me
as a racist gave it to him since they couldn't get anybody else to come forward with
it so that he could attack me on that. But on that occasion when he came, what I
stated to him -- and the record shows, and is clear -- I stated, "You could go to my
office." And what wasn't heard was the second part that I said: "So we could
discuss anything you want, one-on-one, but don't bring your gun." At no time, nor
can he show anything on that record that states that I threatened him, "Go to my
office," beat him up, "We're going to fight," or anything to that effect. What is at
play here is that this is an individual that, when he applied to be a Lieutenant, he
claimed that he was a black man, non -Hispanic. And as you could see, that's not
the case, unless he wants to bring a birth certificate that will show otherwise. And
everything that's in his personal file, up until he took that Lieutenant's exam, stated
that he was white Hispanic. And, gee, nobody did anything about it at the time.
Then three weeks before the mayoral race, so that the present Mayor could have
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clean hands and claim that, "I had nothing to do with it, " they got the former Police
Chief to promote him -- and he was the only one at the time -- to Captain. So he
owes his being a Captain to the Mayor, whom the last meeting where he's claiming
I said all this, he kept going up there to the dais, getting his instructions from the
Manager, from the Mayor, including going into areas in this building that he should
not have been there, because they're for the people that work here. He doesn't have
carte blanche to be going around, like if he owns the place. Last, but not least, into
my Chief of Staff. You know, this is how bad it's gotten. They can't find anything to
hit me with anymore. They tried everything. Now they got to go and see what they
could find on all my staff. The fact is that the individual that I have is someone that
they haven't been able to buy off with bringing him to a higher position in the City,
quote/unquote, like is the norm now -- it's never been done before in the City --
where people that work for a Commissioner, like Commissioner Reyes, they're
being taken from his office by the Administration that can offer them whatever they
want, because they run the City by Charter, and offer him twice as much as they're
making in that position, and not even have the decency to contact any of us as to
what they're going to do, and if -- you know -- we don't mind that they hire someone
from our staf• not even that simple respect. The individual that works with me, I've
had a conversation with him, and I will after this. I don't believe that what this
gentleman here has stated is such at all; just like all this crap that he's throwing out
at me. I had an individual about two, three months ago, a black man, an African
American, very well known in our community, and I'm going to tell you what the
conversation was about. He came to tell me that he had some people that are his
buddies now from 8th Street -- not that any of them live there -- that had come to
him to offer him money for activities that he had if he would attack me and call me
a racist. And they came with the same baloney stuff that this guy is throwing out.
And for the record, I have never in my life have done anything that could be
construed as racist; least of all, passing out any pro planned stuff, like they're
trying to say now. This is why I have a record that I'll match with any elected
official here, or former elected official here that I have stood and put my neck on
the line in fighting for the rights of African Americans in this community, and this is
why all of you, yourselves, Commissioners -- Commissioner Hardemon, you've
heard it here -- when Mrs. Gibson has stood out here and praised me for how I
have been with her in the past; how I defended her when I was Mayor. This is why
people like Athalie Range, Barbara Carey supported me in my election for Mayor
citywide. This is why today, we can have Commissioner Hardemon up here,
because I put my neck on the line when we were citywide, and for the first time, we
didn't have an African American on the Commission. And going against many of
my own supporters, I said, "We have to have a balanced Commission and
guarantee that into the future." And I was the one that asked, with all the good and
all the bad that it would bring, for district elections, so that we could forever
guarantee that there will always be someone that looks like Hardemon, someone
that looks like Russell, so that we could have the balance of this community we
wanted. The only Mayor in the City's history that's ever had a Chief of Staff that's
African American is Joe Carollo. The only time that in the City of Doral, a city
that's 98 percent white Hispanic, the only time that they ever had an Assistant City
Manager that was an African American was when I was City Manager there, and I
hired. The Black Precinct, the African American Museum, that happened when I
was Mayor. The Virginia Beach Trust, that happened when I was Mayor. The CIP
(Civilian Investigative Panel) Board, that happened when I was Mayor, because I
was seeing the kind of things that were happening in our community, and it was
needed to protect African Americans in Miami, but frankly, all of Miami. So I could
go on and on, but I don't think that I need to defend myself because the African
American leadership in this community that has worked for me and has known me
for years know better than that, and this is why this one individual that came to me
that if I were to say his name -- but I don't have his permission -- every one of you
would know him; came to me and said, "You know, I told him to get out of my
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office; I was not going to do that." And, gee, who shows up with all the same little
papers? The African American former Lieutenant that the Mayor made a Captain
now. So that's all I have to say for now.
DIRECTIVE
DIRECTION FROM CHAIR RUSSELL TO THE CITY MANAGER TO
BRING BACK AN ORDINANCE TO ADDRESS THE SAFETY
ISSUES ASSOCIATED WITH THE MOTORIZED SCOOTER PILOT
PROGRAM.
RESULT: DISCUSSED
Chair Russell: The amendments I would like to bring in, which I stated on the floor
in the last meeting, cannot go into effect, with my understanding, without an
ordinance. And so, we are exposed until that -- those amendments can be brought
in, even during the pilot program, to make it safer. I think we have a responsibility
to make it safer. So I would like an ordinance brought back with those safety
amendments only. It doesn't necessarily have to extend the time if the willingness of
this body is not here to do that yet, but we must implement the safety. And it's not
that you can read a serial number as they drive by. All you need to do is take a video
when you see someone who's riding irresponsibly, or an under -aged, and it will
capture that. The 4G cameras capture all that now, and the time stamp will show
you exactly who was using that account, and we have that information. Mr.
Manager.
Mr. Gonzalez: Well, I just wanted to make clear that the 60-day period that Annie
mentioned, all -- includes the circulation to the Commissioners to look at it before it
goes out, so we could actually get this a little quicker if we get back the responses.
Chair Russell: Thank you. And you've got the direction --
Mr. Gonzalez: Sure.
Chair Russell: -- to bring back the ordinance with regard to the amendments.
Mr. Gonzalez: Right.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE CLIMATE RESILIENCE COMMITTEE FOR A
TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Robert Hevia City Manager Emilio T. Gonzalez
ENACTMENT NUMBER: R-19-0396
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Gort, Carollo, Reyes
ABSENT: Hardemon
Nicole N. Ewan (Assistant City Clerk): And I do have the Climate Resilience
Committee: City Manager Gonzalez will be appointing Assistant Fire Chief Robert
Hevia to that board.
Chair Russell: Is there a motion?
Vice Chair Gort: Move it.
Chair Russell: Moved by Commissioner Gort -- Vice Chairman Gort; seconded by
Commissioner Reyes.
Commissioner Carollo: Who is the Manager appointing?
Ms. Ewan: Assistant Fire Chief Robert Hevia to his seat.
Commissioner Carollo: Okay.
Chair Russell: All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes.
Ms. Ewan: So we'll hold on Commission Hardemon's appointee and Commissioner
Carollo's appointment.
Chair Russell: Those were BC (Boards and Committees) --
Ms. Ewan: BC.2 and BC.4.
Chair Russell: -- 2 and 4 we will come back to. In the meantime, we'll get back to
the --
Commissioner Carollo: BC.12, reappointment of Eric Zichella.
Chair Russell: That already got taken care of.
Commissioner Carollo: Okay. Is that --?
Ms. Ewan: We did take that up, Commissioner.
Commissioner Hardemon: FR.1.
Commissioner Carollo: Okay. Thank you.
Ms. Ewan: You're welcome.
Commissioner Hardemon: FR.1.
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Commissioner Carollo: Okay. Thank you.
DISCUSSION ITEM
POLICE CHIEF JORGE COLINA ADDRESSED THE CITY
COMMISSION REGARDING THE PROFESSIONALISM OF THE
MIAMI POLICE DEPARTMENT.
RESULT: DISCUSSED
Chair Russell: Chief Colina would like to address the body.
Chief Jorge Colina: Just quickly, a couple of quick points of clarification. Jorge
Colina, Chief of Police, City of Miami Police Department. Preserving the integrity
of the badge is very important to me. And so, any allegations of corruption, Mr.
Chair, there are many forums to make those allegations; I don't believe this is one
of them. And by the way, it doesn't matter how outrageous or narcissistic the
allegation is, there are forums for that; this Commission is not that forum. That's
just one point. The second point is we at the City of Miami Police Department have
one of the absolutely finest training bureaus in the country; probably second to
none. Just those two quick points. Thank you.
Chair Russell: Thank you. Thank you, Chief. All right. As Commissioner
Hardemon says, are all hearts and minds clear?
Todd B. Hannon (City Clerk): There's a --
Commissioner Carollo: Let me just say --
Mr. Hannon: -- two things.
Commissioner Carollo: -- that as an elected member of this body, no one is going
to come up here and tell me what forum I am allowed to speak on or not. I think he
is referring to Internal Affairs, controlled by him and indirectly by the Manager,
through him, where there had been complaints of the CIP already of -- before
decisions were made -- complaints to the CIP that the Chief himself, with a former
Internal Affairs Commander, were going to let an item ride so that the time would
be expired, and they wouldn't have to take action against an officer. And guess who
that officer was? The white Hispanic, now Captain that claimed that he was
African American, not Hispanic, when he took the lieutenant's exam; Mr. Javier
Ortiz, who was here before. So I now feel like many of our residents that to go to
Internal Affairs --
Chair Russell: Thank you. Are you --?
Commissioner Carollo: Yeah.
Chair Russell: Thank you, Commissioner.
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RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
ESTABLISHING A NEW POLICY TO CLARIFY HOW MATTERS
MAY BE SPONSORED OR CO -SPONSORED BY THE MAYOR
AND CITY COMMISSIONERS AND TO REQUIRE THAT ANY
SUCH SPONSORSHIPS OR CO -SPONSORSHIPS BE SUBMITTED
IN WRITING TO THE AGENDA OFFICE AND FURTHER
DIRECTING THE CITY ADMINISTRATION TO AMEND THE
ORDER OF BUSINESS AND RULES OF PROCEDURE OF THE
CITY COMMISSION AGENDA, PURSUANT TO SECTION 2-
33(C)(1) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TO PROVIDE HOW MATTERS MAY BE
SPONSORED BY THE MAYOR AND CITY COMMISSIONERS AND
TO REQUIRE THAT ANY SUCH SPONSORSHIPS BE SUBMITTED
IN WRITING TO THE AGENDA OFFICE.
ENACTMENT NUMBER: R-19-0397
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Gort, Carollo, Reyes
ABSENT: Hardemon
Chair Russell: Commissioner Reyes has a pocket item.
Commissioner Reyes: Yes, I have, and you have it in front of you. It reads: A
resolution of the Miami City Commission, establishing a new policy to clarify how
matters might be sponsored or co -sponsored by the Mayor and City Commissioners,
and to require that any such sponsorship or co-sponsorship be submitted in writing
to the Agenda Office; and further directing the City Administration to amend the
order of business and rules of procedure of the City Commission agenda, pursuant to
Section 2-33(z) (1) of the Code of the City of Miami, Florida, as amended, City Code
Commissioner Carollo: Second.
Commissioner Reyes: -- provide how matters be sponsored by the Mayor and City
Commission, and to require that any such sponsorship be submitted in writing to the
Agenda Office by the Commissioner or his Chief of Staff.
Chair Russell: Thank you, Commissioner.
Commissioner Carollo: I very much welcome that, Commissioner. I second that
motion. And I think this is going to put this type of action in perspective, so that
people won't be claiming (UNINTELLIGIBLE) any of us to sponsor something when
we didn't, so that Chiefs of Staffs [sic] from the Mayor's Office won't be coming to
my office telling us that everybody else was sponsoring something when it appears
that wasn't the case; trying to see if I'm just going to go along to get along. And, you
know, when I sponsor something, or when I vote for something, whether I have a full
majority or I'm alone, I'm going to do what I think is correct; not just because I'm
going to go with a bunch.
Chair Russell: Thank you very much. Mr. City Attorney, I'd like to clarify. There is
an emergency nature to a pocket reso. Does this fall under the --?
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Unidentified Speaker: If you make the finding.
Chair Russell: If you make the claim?
Unidentified Speaker: Yeah, under 2-30 (UNINTELLIGIBLE)
Commissioner Carollo: I do.
Chair Russell: I can see the reason for it, because it's important at the next meeting
this doesn't happen, and it affects how legislation is written, so it's
(UNINTELLIGIBLE).
Emilio T. Gonzalez (City Manager): Mr. Chairman, and we have no objection
either, so.
Chair Russell: Understood. I just want to make sure that we're compliant. I would
like to make a -- there is a motion by Commissioner Reyes and a second.
Vice Chair Gort: Call the question.
Chair Russell: Yes. No, no. I'd like to offer an amendment, with direction to the
Management to create better practices for co-sponsorship. I have a concern with
regard to sunshine issue with how -- when someone sponsors -- let me put it this
way: When someone sponsors, there is no way for a co-sponsor to work together
with that sponsor out of the sunshine. And so, unless there was a sunshine meeting,
or it was done on this dais, there's no way to coordinate. But the Agenda Office and
the City Attorney's Office is stuck listening to two separate Commissioners who are
co -sponsoring, not knowing who is the point person and one offers changes that the
other hasn't approved, and then it comes before the agenda with whose version? So
there are best practices in other municipalities that I've seen, where if there is a
prime sponsor on an item, someone wants to co-sponsor, they're welcomed to, but
the changes don't get into the legislation unless the prime sponsor agrees, until it
gets to the floor; at which point, it can be amended. I would just like to see some
better practices to make sure we're adhering to sunshine, and that what a sponsor
intends in the written agenda is what shows up on the floor. Is that something we
can work on? All right. Is that something you'd accept as a friendly amendment?
Todd B. Hannon (City Clerk): Chair, so that's going to be included in the
resolution?
Chair Russell: Yes. Directing the Management to come back with procedures over
the next -- can you do it in 60 days? Two months? Clarifying, because it's simply
not spoken to in the Code; and so, for lack of it, there is unclarity [sic].
Commissioner Reyes: Okay.
Chair Russell: All right. Thank you very much.
Unidentified Speaker: Where are we?
Chair Russell: Mover and seconder, thank you very much.
Unidentified Speaker: And Mr. Chair, we will add that language that you were
talking about as a provision in the resolution.
Chair Russell: Perfect.
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Unidentified Speaker: A finding.
Chair Russell: Thank you. Is there any further discussion?
Commissioner Reyes: On this item?
Chair Russell: Yes.
Commissioner Reyes: No, sir. I have some questions that I have to direct to the
Manager.
Chair Russell: Afterward?
Commissioner Reyes: Afterwards. And --
Chair Russell: All right. All in favor of the pocket item --
Mr. Hannon: Public hearing.
Chair Russell: Ah, yes. Thank you. Is there anyone here from the public who'd like
to speak on this resolution regarding sponsorship of items? Seeing none, I'll close
public comment. Any further discussion from the dais? All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes.
Later...
Chair Russell: Is there any further discussion or questions? Commissioner
Hardemon.
Commissioner Hardemon: This pocket item pass, I want to remind us that the only
reason that we have a sponsorship -- this sponsorship language right now is because
we decided to add a section to the agenda that people -- I don't want to say "rarely" -
- I mean, almost never really use, which is the ability for them to make comments on
future legislation for like 60 days; and to avoid the future legislation, we have to
have a sponsorship. And so now, every time we spend our time here talking about
who's sponsoring or who's co -sponsoring or who's back sponsoring, the best
sponsor, and things like that. And so, this is kind of like a step in that same
direction, and I expect some time in the future maybe to try to get rid of that future
legislation thing, because I don't think it's necessary, and it will eradicate all of this
sponsorship stuff because at the end of the day, it's a small dais. Maybe in the State
of Florida, where you have hundreds of people, you know, voting on an issue, it's
important about who's sponsoring it, and it gives them some sort of differentiating
factor from their colleagues, but up here what differentiates you from the other is
your vote.
Chair Russell: Vice Chairman.
Vice Chair Gort: Well, my understanding is, because of that rule -- Yes, we do
sponsor a lot of event, but I think the only change in here is instead of saying, "Yes,
I'll sponsor it," you write "I'll sponsor it," and that's it.
Commissioner Reyes: It's in writing, so --
Chair Russell: Yes.
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Mayor Francis Suarez: Mr. Chair, if I may just --
Commissioner Reyes: The idea --
Chair Russell: Commissioner Reyes and then the Mayor.
Commissioner Reyes: -- of this, it is in order to avoid any confusion.
Commissioner Hardemon: No. I know what this does.
Commissioner Reyes: I mean, that is --
Commissioner Hardemon: This is fine.
Commissioner Reyes: I mean --
Commissioner Hardemon: That's not what I'm talking about.
Commissioner Reyes: -- as long as it is in writing, you see, not by hearsay, and
somebody will come and will tell, "Well, I talked to Reyes, and he says he's going to
co-sponsor," you see. And that could -- I mean, it is not because it is done on
purpose, but avoid any confusion.
DISCUSSION ITEM
DISCUSSION BY COMMISSIONER REYES REGARDING THE
STATUS OF A DIRECTIVE (RESOLUTION R-19-0117) ISSUED TO
THE CITY MANAGER AT THE MARCH 14, 2019 CITY
COMMISSION MEETING REGARDING THE LEASE
NEGOTIATIONS BETWEEN THE CITY OF MIAMI AND MIAMI
FREEDOM PARK, LLC FOR CITY -OWNED PROPERTY LOCATED
AT 1400 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA 33125,
COMMONLY KNOWN AS MELREESE COUNTRY CLUB.
RESULT: DISCUSSED
Chair Russell: Commissioner Reyes, you'd like to address.
Commissioner Reyes: Yes. Mr. Manager, if my memory doesn't betray me -- and
you know that maybe, according to my age, I tend to forget things, or think that I
have given -- we have given you a directive, and you -- when -- which we didn't, but
I'm pretty sure that we gave you a directive to keep us informed on all the
negotiations that were being made by you and the Mas family. I haven't received
anything. And also, I'm asking you, are we -- as the directive was -- and this board
here requested that we bring this to a vote, a contract to a vote on the last meeting
in October. I'm asking you, are we going to have this issue ready for a vote on
October, or we are going to keep on postponing and postponing until the election
comes, and one favorable vote comes on board?
Emilio T. Gonzalez (City Manager): Sir, we're not postponing anything, and there's
nothing behind that. What we've done so far is we have retained the traffic firm, the
environmental firm, the appraisers. We are going back and forth with the
developer. I have been very, very clear that I will not bring back to this
Commission something that is not favorable to the City. And not to get into
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negotiating strategies and tactics now, we are not there, so I cannot guarantee you
that we will be back --
Commissioner Carollo: Hold on. Did I hear you correct, Mr. Manager, that you
will not bring anything back to the Commission that's not favorable to the City?
Mr. Gonzalez: Sir, that is true, and I've said that many times.
Commissioner Carollo: Then why did you bring us a contract for $1,400,000 for
Ultra when you knew that I had gotten $2 million out of them, and within 10
minutes right from up here, I've gotten back to those $2 million?
Mr. Gonzalez: Sir, I was answering the Commissioner's comment -- okay? -- on --
Commissioner Carollo: Okay, I figured that.
Mr. Gonzalez: -- the Melreese deal.
Commissioner Carollo: That's fine, Mr. Manager.
Mr. Gonzalez: So I will gladly --
Commissioner Carollo: I understand.
Mr. Gonzalez: -- get you that information, if you so desire. But Commissioner, I
want to be upfront and honest with you. Based on where we are now -- the attorney
can opine, as well -- we are in a back -and -forth, redlining with contractual
agreements, and I cannot promise you that we will have you something final on
October 24.
Commissioner Reyes: Sir --
Chair Russell: Commissioner Reyes.
Commissioner Reyes: -- does the directive of the Commission has [sic] any power?
Because we -- this was a directive given to you to avoid any political maneuvering;
to avoid that the Commissioner from the district, which is Commissioner Gort, that
it is -- his term is finishing, and he'll be out of here by November; to avoid that this
gentleman could not vote, because it is known -- I mean, everybody knows his
position, and everybody knows that it is the possibility that person that is going to
be elected, it will be favorable, favorable of building and giving away the land, and
building such a great development -- also huge development in that area. And I
said it, and I stated it. I stated it since day one that this has to come before the
November election, because -- Sir, you see, I have been around a little while, and I
know how games are played, and this is a game that has been played very well,
because what we're doing is, it is a simple -- I mean, it's just a land deal. I mean,
this is a development deal. I mean, stadium doesn't mean a thing.
Mr. Gonzalez: Commissioner?
Commissioner Reyes: The stadium -- and you know it. Let me ask you something.
Mr. Gonzalez: Commissioner?
Commissioner Reyes: Let me tell you this. I haven't finished, Mr. Manager. You
see, this is not the first time that I personal [sic] have given you directives, and they
have been totally ignored, you see. And this is very personal to me, to
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Commissioner Gort, and to many people. You see? You're not following directives.
And the directive was given -- the vote was taken -- a vote was taken that -- and
correct me if I'm wrong -- a vote was taken that this was going to -- you were going
to bring this last month; you didn't. You said, "We'll be ready for the last meeting
in October." And even Commissioner Gort said, "That's fine." And now, "No, no,
we are not ready. We are not ready. We are not ready." I mean --
Mr. Gonzalez: Sir, if I may? To be clear, there are no games being played here.
What I'm trying to do is cut the very best deal for the taxpayers of this City. We're
nowhere -- the attorneys are working as fast as they can on the contracts; our
department directors that are involved. Nobody has been given instructions to slow
down or drag their feet. We want the absolute best deal. Until we get a very, very
good deal -- By the way, we're not even close to getting to the contract -- the final
contract negotiations. There are some serious issues involved there. And I cannot
in good conscience, tell you that on the 24th of October, I'm going to bring you a
pristine contract for you gentlemen to vote on. It's just not going to happen. At
least, as of today, it's not going to happen.
Commissioner Reyes: I --
Mr. Gonzalez: So I -- with all due respect, nobody is slow -rolling this. You have
fine City Attorneys that are working this, you have fine department directors that
are working this, and they're doing this as fast as they possibly can.
Commissioner Reyes: Sir, you know very well that you can go back and forth --
"Well, I wouldn't accept this. I'm going to accept that." -- and you can postpone
this until two years if you want to, or if they want to. You see? What I'm saying is -
Mr. Gonzalez: Sir, there is no intent.
Commissioner Reyes: -- sir --
Chair Russell: One at a time.
Commissioner Reyes: Hold on a second, sir, okay? Hold on a second. What I'm
saying is that, I mean, about six months ago, we made it clear that we wanted to
vote before the November election.
Mr. Gonzalez: Yes, sir.
Commissioner Reyes: And you complied with that. You said, "Yes." Okay? And
another thing is that all the maneuvering, or whatever it is, you are not going to
make me believe -- and it is not because there -- it is a plan to delay the vote. Yeah,
nobody's going to make me believe. And you know what? Everybody outside -- out
there, they knew it, and they were telling me, "Manolo, they're not going to vote."
Mr. Gonzalez: Sir --
Commissioner Reyes: I mean, "It's not going to be ready." What really pisses me
off, and it really irks me, is that when we give you directive -- a directive, you don't
do it; not even the directive to bring a report, a weekly report on how the
negotiations were going. You didn't do that. You didn't do that. I mean, it seems
like -- sometimes, I feel like, when I give a directive, it's like I give a directive to the
wall.
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Mr. Gonzalez: Sir, many times we meet weekly; I'm not at all the meetings. There's
a back and forth, documents are exchanged. There really isn't that much to report.
But I'm not going to convince you of something you already believe. All I can tell
you is, as of this moment, this City Administration, these attorneys, these
department heads, all of our specialists, our outside counsel, are working as fast as
they possibly can to bring a quality item back to this board for the benefit of our
residents.
Commissioner Reyes: Oh, yes, quality item. And I remember that when I was
dealing with this, and I said, "I don't want to postpone this. I don't want to do this,
because this is what's going to happen." A fellow Commissioner said, "Well, we
vote. We're going to vote anyways." And that's what I want to do. Let's vote. Let's
take a vote. And if we have to -- I mean, people that are in agreement will --
whatever, be in agreement, or let's vote to kill this negotiation, and that's it. Okay?
Because we are being played. I mean, I'm being played, and I think the
Commission is being played. That's what I believe, sir.
Mr. Gonzalez: We'll agree to disagree.
Commissioner Reyes: Okay.
Chair Russell: Thank you. Are there any further comments? Is there any other
business of the City?
Commissioner Carollo: Well, I was going to make a few more, but --
Commissioner Reyes: I'm going to give you another directive, sir. Place the
contract in the agenda. Okay?
Commissioner Carollo: He's not going to place any contract, because --
Commissioner Reyes: Well, then, we vote.
Commissioner Carollo: -- you know --
Commissioner Reyes: Then we vote. Then we vote. Whatever -- we take any
measure that we are -- have to take, even if it is getting rid of people that are
impeding this to come to.
Commissioner Carollo: You -- I'm just going to ask one minor question.
Mr. Gonzalez: Sure.
Commissioner Carollo: Okay? I don't want to prolong this. I could, but I'm not
going to do it. Now, Mr. Manager, you made a statement that you've been
negotiating this. What have you been negotiating now? Not in the past; I'm talking
now. What negotiations have you done?
Mr. Gonzalez: Sir, if you'll recall, we went through a period where we had to bring
in outside counsel.
Commissioner Carollo: I'm not talking way back. I'm talking --
Mr. Gonzalez: There are --
Commissioner Carollo: -- in the last six months.
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Mr. Gonzalez: We have brought in, as has been requested, environmental
engineers, transportation engineers, two appraisers. We're now in the process of
defining the scope of work for the peer review.
Commissioner Carollo: Okay. Can --
Mr. Gonzalez: The attorneys have been looking and redlining documents back and
forth. So this is where we are.
Commissioner Carollo: All right. Can, you know, you bear with me a little more?
You said, "We brought in all these people." Well, you didn't bring them in. It was
this Commission, with my vote, to stop you from putting a firm that you wanted to
put in, and only one firm, to go ahead with this. And it was this Commission that
took that over from you and your Administration and we decided the process, how it
was going to be, and decided what firms we were going to vote upon through a
Requests for Proposal of sorts; that it was done out in the open, transparent. So it
brings me back to the original question: What have you been doing in negotiating?
Because you said you've been negotiating. I'd just like to know.
Mr. Gonzalez: Sir, our staff has been meeting with the developers, the Beckham
Mas people; our attorneys have been meeting with their attorneys.
Commissioner Carollo: Who from staff?
Commissioner Reyes: (UNINTELLIGIBLE).
Mr. Gonzalez: I can bring them all out here, if you like.
Commissioner Carollo: But who from the staff has been meeting, and for what?
But this is your staff now. You're saying you were negotiating.
Mr. Gonzalez: No, sir.
Commissioner Carollo: So you haven't been negotiating? It was --
Mr. Gonzalez: I --
Commissioner Carollo: You misspoke.
Mr. Gonzalez: -- personally am not negotiating --
Commissioner Carollo: Okay.
Mr. Gonzalez: -- detail by detail by detail.
Commissioner Carollo: Okay. So you then misspoke, is what I'm trying to get at.
Mr. Gonzalez: If you interpret it as that, yes, sir.
Commissioner Carollo: Well, because you're telling me now --
Mr. Gonzalez: But what I'm saying --
Commissioner Carollo: -- you haven't negotiated.
Mr. Gonzalez: What I'm telling you is we have staff, my Deputy City Manager, our
attorneys.
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Commissioner Carollo: Okay. Whoa, whoa, whoa.
Mr. Gonzalez: We --
Commissioner Carollo: Deputy City Manager, let's get him up here and see what
he's been negotiating. By the way, let me say this on the record. It concerns me
greatly, greatly -- and this would be not just here, but if I would be in any other
place -- that our top Administrators that are supposedly negotiating have been
applying for jobs in other places, because it's never a good idea to have anyone get
involved in negotiations, especially in such huge projects such as this, that are --
whatever final contract is agreed upon, it's going to have many, many years, and
generations of Miamians are going to have to live with it. So --
Chair Russell: All right. I'm --
Commissioner Carollo: -- Deputy City Manager --
Chair Russell: Just a moment, please.
Commissioner Carollo: -- what have you been negotiating?
Chair Russell: So I'm going to allow this discussion, as long as it stays within the
framework of the timeline of the contract, the lease negotiations. I don't want any
personal back and forth.
Commissioner Carollo: This is all that I'm doing, Commissioner.
Chair Russell: I -- good, good.
Commissioner Carollo: And if you have any other problems, we'll bring it to a vote
of the whole Commission so that I could proceed.
Chair Russell: Right, but we just want to keep it --
Commissioner Carollo: That's exactly what I am doing.
Chair Russell: -- off the personal side. Thank you very much.
Commissioner Carollo: I wish you would have done that with others that have
come here as recently as earlier today.
Chair Russell: Mr. Napoli.
Commissioner Carollo: But when it comes to me, that never happens; does it?
Mr. Napoli: Commissioners, we have been working -- as was discussed in the last
Commission meeting, it was laid out that we were finalizing the scope of work for
the environmental counsel -- outside counsel for the traffic engineer, counsel for --
most difficult was for the appraisers coming up with a scope, an agreed scope, and
price for the appraisers.
Commissioner Carollo: If I could say this: This, I think, is the most elementary
and most important of the items that we need. The other stuff depending on what
they come back on their numbers, on the environmental problems and costs, we
could deal with if we need to --
Mr. Napoli: Right.
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Commissioner Carollo: -- because maybe their numbers might be very acceptable
to us; I don't know. But the bottom line, the foundation of us to be able to put
together a contract so that we could vote it up or down and see if they're wanting to
agree to it is --
Mr. Napoli: The appraisal.
Commissioner Carollo: -- the two appraisals --
Mr. Napoli: Right.
Commissioner Carollo: -- of what -- based upon what we've agreed they could
build there, how much is thatproperty worth.
Mr. Napoli: Right. Yes, sir.
Commissioner Carollo: And then, if we have a problem with those two appraisals,
we're going to have a third one to wiggle the numbers and find out exactly what the
final number will be.
Mr. Napoli: Right.
Commissioner Carollo: I don't know if we have to get there or not; we might; we
might not.
Chair Russell: Commissioner, what would you like to know of Mr. Napoli,
specifically?
Mr. Napoli: Yes, sir.
Commissioner Carollo: He's proceeding.
Mr. Napoli: So that was the most difficult portion. We are still working on -- we
spoke last time of a peer review appraiser, as well, and we're still negotiating on
exact terms of the peer review.
Commissioner Carollo: Okay. But negotiating --
Mr. Napoli: The two appraisals --
Commissioner Carollo: Yeah.
Mr. Napoli: -- are on board, and then the peer review is -- we're still working on.
And then on the document, we've gotten -- their copy of the document was discussed
last time. We did a significant red line on their document. When I say, "we," our
outside attorneys, and our staff together, with our attorneys. And that has been
given to them. Informally, they have told us we have significant -- there are
significant issues on our red line, and that's what we're -- As a matter of fact, we
have a negotiation session for tomorrow that we will probably be discussing that.
But that's --
Chair Russell: Commissioner.
Mr. Napoli: -- where we are, Commissioner.
Commissioner Carollo: Have --
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Mr. Napoli: But the appraiser is getting the scope, and the appraiser's on board
with the most (UNINTELLIGIBLE).
Commissioner Carollo: Okay. But (UNINTELLIGIBLE) --
Chair Russell: Commissioner.
Commissioner Carollo: -- clarify for me so I could better understand. What has
been exactly what you have negotiated with, with them? Have you negotiated
anything yet, or what exactly?
Mr. Napoli: I can't say -- I -- to say -- a negotiation means that you've come to
some agreement or (UNINTELLIGIBLE).
Commissioner Carollo: Well, it's the Manager that used those words, not me.
Mr. Napoli: No, I understand.
Commissioner Carollo: Your boss.
Mr. Napoli: We were -- these are negotiations, but to -- you're asking me what
we've negotiated. We've taken their document, did a significant red line on their
document, and that's where we are right now, without getting into the specifics of
the actual issues that (UNINTELLIGIBLE).
Commissioner Carollo: Okay. So what I'm hearing is we really haven't gotten to
the point of negotiations. And I want to be perfectly clear. The final negotiations,
no matter what is put down, is going to be done up here in this dais.
Mr. Napoli: And as you stated earlier, the appraisal has a significant impact on
what that final negotiation is.
Chair Russell: Understood.
Commissioner Carollo: That is correct, because we need to see what that's going
to hold, and frankly, my vote is going to be very, very dependent on that. I, as I
stated when this came to a vote, didn't believe that this was worth what they had
offered. We let it get out of the gate -- maybe wrongly so -- knowing that what was
being voted upon was, if it passed, for us to have it back, and then have the
authority to negotiate it. And this is the only thing that was approved; the authority
for this body to negotiate that. And this is why we made a decision of going about it
the way we have, so that we could get real numbers. And I know that it didn't
please the Administration, it didn't please the Beckman [sic] Group and others, but
you know what? People better get used to dealing with the City of Miami from here
on as a business entity, also --
Mr. Napoli: Commissioner --
Commissioner Carollo: -- because too many --
Mr. Napoli: -- I didn't say we weren't -- didn't agree with it. The only thing, as you
reiterated last time, it did take time, and unfortunately, cut into the time that we had
to negotiate this.
Chair Russell: Vice Chairman.
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Vice Chair Gort: Let me ask you a question. My understanding is the group came
up with a proposal, what they think it should be, the contract. Our job is to create
our own contract according what we believe is the greatest benefit to the City of
Miami.
Mr. Napoli: That's correct. Yes, sir.
Vice Chair Gort: Am I correct?
Mr. Napoli: Yes, sir.
Vice Chair Gort: So we might come up with a contract, which they might disagree
with it, but that's their problem; it's not ours.
Mr. Napoli: That's correct.
Vice Chair Gort: Okay. Thank you.
Mr. Napoli: Yes, sir.
Chair Russell: Thank you very much.
Later...
Chair Russell: Mr. Mayor.
Mayor Suarez: Thank you, Mr. Chair. And I just want to sort of elaborate a little
bit as to why I said I would veto the item. I mean, there's a bunch of reasons why I
would, but I think the first is the contracts -- or the set of contracts would have to be
put in, if my -- I think the agenda deadline is tomorrow at 12, if I'm not mistaken,
for the October 24 meeting, so they would have to be done by tomorrow at 12 for
them to be put properly on the -- you know, without a five-day rule, without a -- five
days of notice on the agenda. So that's our first problem. The second problem is --
it's probably more important than the first problem -- is that this Commission
mandated that there be three outside studies done: an environmental, a traffic
report, and an appraisal. None of those are completed. They will not be completed
by tomorrow. So I don't understand what the purpose is of having a contract be put
before this Commission which doesn't have a price for -- you know, fair market
value for the land; doesn't have an analysis of the traffic, and what kind of
obligations would be contained in that sort of a report, and gives you no
information regarding to the environmental report of the property. I just think that
would be basically a useless contract. But I'll go on further to say that there's a
Charter amendment, which, as Commissioner Carollo correctly said, mandates that
this Commission, or that this body, this City negotiate a contract. It doesn't say
when it has to come before the Commission. It doesn't say it comes before this
Commission before elections or after elections. It comes before this Commission
when it's ready to come before this Commission. Okay? So that's one I will -- as
the Chief Executive of this City, when I present a budget, that's when I will bring a
contract to this Commission; when it's ready. Now, that could be -- I don't know
when it's going to be. It's going to be when it's ready, when it's ready, but it's not
going to be ready on October 24; I can tell you that right now.
Chair Russell: All right. Commissioner Reyes --
Commissioner Carollo: Maybe --
Chair Russell: -- would you like to be recognized?
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Commissioner Carollo: -- we should name it --
Chair Russell: Just a minute. Just a minute.
Commissioner Carollo: -- the Ultra Freedom Park.
Chair Russell: Please.
Commissioner Reyes: You know --
Commissioner Carollo: It'll be like this.
Chair Russell: Commissioner Reyes.
Commissioner Reyes: Yes. We know that -- I know that this has been -- we
requested, you see, that certain measures were taken. And at the same time, there
was a vote of this Commission that it should be before this Commission at a certain
date, you see? I think it was -- it is -- was the role of the Administration to let the
appraisers and everybody know that it was imminent that they provide the
information within certain time. That's -- having said that, you see, it is obvious by
all the things that had happened -- and I said it before, and I wasn't fooled -- that
they're going to delay this as much as they can, until they can get the four votes.
You guys, you are in cahoots with them, and I know they are. You see? They want
to get -- make sure that they have the four votes. At this moment, at this moment, if
they present it now, there's the probability that somebody else besides me will vote
against it. You see? And it is not convenience -- it's not convenient to bring it
before an election takes place, and people that vote in favor of it will have any
political consequences or people that vote against it will have political
consequences, or there is a person elected that is favorable to this. I mean -- and
that's what, really, everybody is thinking, and it is obvious that there is some
strategy there. I don't blame them. I don't blame them. That's a strategy that
should be placed -- I mean, played if you want to achieve a certain goal. You see?
Chair Russell: Mr. Mayor.
Mayor Suarez: Thank you, Mr. Chair.
Commissioner Carollo: You forgot a couple other strategies.
Chair Russell: Mr. Mayor.
Mayor Suarez: Right. So I think it's bewildering to me when this Commission
decided to choose its lawyers, which is fine, took a long period of time to select the
lawyers and to engage the lawyers; then took away from the Administration the
right to select the independent contractors that were going to work on this, and they
said that the lawyers had to pick them. Those have all been picked through a
process that the Commission mandated. Those consultants have not finalized their
work. That's a fact. That wasn't done to slow it down. That wasn't done -- you
can't blame the Administration for that; you just can't, because the Administration,
months prior, sel -- you know, recommended an attorney. This Commission decided
not to accept that attorney. The Commission -- the Administration, months prior,
recommended a company, which by the way, had been used successfully in another
negotiations [sicJ, and this Commission decided they didn't want to use that
company, either. So, you know, I don't know what else to tell you. It's going to take
the time that it's going to take.
Commissioner Reyes: Just --
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Chair Russell: Commissioner Reyes.
Commissioner Reyes: -- I'm just going to --
Chair Russell: Commissioner Reyes.
Commissioner Reyes: -- tell you this. You see, the Administration was in
agreement when we voted, and this Commission voted for a specific date that have
to be brought up. There was not -- at the time, there was no objection. There was
nothing at the time. No objection at the time.
Mayor Suarez: Commissioner --
Commissioner Reyes: And it is -- and listen, I've been in business, also. If you need
a report by certain date, you make sure that the person that you're hiring -- and I
have -- I was a consultant -- that -- and when the report was needed, they will ask
me, "I need this before the 24th, because I have to present this; that your findings is
going to be part of the report," okay? I mean, that is --
Mayor Suarez: Mr. Chair?
Commissioner Reyes: -- a fact.
Chair Russell: Mr. Mayor.
Mayor Suarez: Thank you. I don't know -- I think we're going to kind of go around
in circles. But the consultants that were hired by the lawyers, chosen by the
Commission, were hired the week of the last Commission meeting. I told you at the
last Commission meeting that it is very unlikely that they will have their reports
finished in two weeks, because appraisals don't take that long; environmental
reports don't take that long.
Commissioner Reyes: What took you so long to hire them? And if he knew a long
time ago --
Mayor Suarez: It didn't take --
Commissioner Reyes: The directive was given --
Mayor Suarez: -- it didn't take --
Commissioner Reyes: -- a long time ago, about three months ago, and what took
you so long --
Mayor Suarez: -- us long. It didn't take us long.
Commissioner Reyes: -- to hire a consultant?
Chair Russell: Please, one at a time, one at a time. Commissioner Reyes.
Mayor Suarez: It took the lawyers that you hired and that you directed to hire them
a long time to hire them. That's fine. We -- I'm okay with that. I mean, it is what it
is. You know, we're doing what we have to do. So right now, what there is, is they
provided a set of documents, we provided a counter set of documents, and now
we're going to get together to talk about how to reconcile those set of documents.
And then, in addition to that, we have to wait for these reports, incorporate the
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information from those reports in the document, and once that's all done, it'll come
to the next available Commission meeting; whenever that is.
Commissioner Reyes: Very convenient.
Commissioner Carollo: Well --
Chair Russell: Thank you very much.
Commissioner Reyes: Very convenient.
Commissioner Carollo: -- ifI could?
Chair Russell: Commissioner Carollo.
Commissioner Carollo: Thank you. Well, I'm very happy you two are getting along
a lot better today. He's calling you "Mayor." You're happy. You're calling him
"Commissioner." That's the way I like to see --
Commissioner Reyes: Yeah, (UNINTELLIGIBLE).
Commissioner Carollo: -- you two get along. The statement that you made that the
Commission took away from the Administration the right to select, frankly, the
Administration never had that right. The Administration took it upon itself to select
before getting instructions from this Commission; that's the one that has the
authority to select; that's why we selected. But going back, I think you've forgotten
at least 10 minutes of evidence that I introduced in a prior meeting. The real
reason that this has been delayed was not after the fact, when we took hold of our
rights to do this in the proper way that we've done it; that the Administration never
had any intentions of doing it that way. They were just naming one firm, period.
It's taken this long because prior to that, the Administration dragged its feet for
months, and nothing was done. If we would have had those additional month [sic],
we certainly would have been done with this by now so that we could have taken a
vote; not next meeting, but at least a month or two back. So I just want to point that
out. Yes, we've taken more time now, because we're doing it the right way, the way
that the Administration should have done it from the beginning. It should not have
to have come from this Commission to explain to the Administration, the Manager,
how it should have been done. We've done it -- and I hate using this word, because
every time that it's usually used is to hide something -- we truly did it in a
transparent way, with two firms; a third to check on those two firms, and what they
came up with if we need it, and then going to any of our -- environmental firm to
confirm what they're giving us, besides the traffic study, and we never got that from
the Administration. We were only told this one firm. It wasn't done through a
transparent manner. We did it transparently by putting a Request for Proposal for
the law firm, and then bringing in all these firms that the Administration never said
a word to us about.
Chair Russell: Thank you very much.
Commissioner Reyes: I still -- my directive to the City Attorney still stands; bring a
contract. The Mayor will -- if it doesn't pass, he will veto it; that's his right. Thank
you very much.
Mayor Suarez: Mr. Chair, ifI may?
Ms. Mendez: There'll be a --
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Chair Russell: Yes, Mr. Mayor.
Mayor Suarez: So just to be clear, by tomorrow at 12, you have to submit, based on
the Commissioner's direction and -- the Commission's direction, some sort of a
contract, which I'm not so sure what you're going to submit, but --
Commissioner Reyes: (UNINTELLIGIBLE). I mean, play your game, man. Play
it.
Mayor Suarez: It's not a game. This is not a game to me; that's the problem.
That's the difference between you and me. It's not a game.
Commissioner Reyes: It is.
Mayor Suarez: It's not a game.
Commissioner Reyes: Let's keep it civil --
Mayor Suarez: It's not a game.
Commissioner Reyes: -- as of now, okay? Let's keep --
Mayor Suarez: Fine.
Commissioner Reyes: -- it civil. Okay?
Mayor Suarez: It should be civil. It should always be civil.
Commissioner Reyes: Okay.
Chair Russell: All right. Let's bring this to a close.
Ms. Mendez: I just wanted to make sure that I understand. We will place
something on the agenda. I will tell you that it will be probably a draft and will
have to be substituted, because it won't all be done by tomorrow.
Commissioner Carollo: Well, if that's --
Ms. Mendez: But we will have something for you to look at for October 24.
Commissioner Carollo: -- going to be placed on the agenda then, then you need to
place a second item on the agenda, and that is that in case the contract is voted
down -- if it comes to a vote -- then we should have a second item that would be a
Request for Proposal on the whole site, with the exception of leaving out an area
for a soccer stadium, but the whole rest of the site to be put out to a referendum for
the best and highest use that anyone can come up with.
Commissioner Reyes: And with --
Commissioner Carollo: So it'll be the second item.
Commissioner Reyes: -- certain suggestions, also, coming from the Commission.
Mayor Suarez: So --
Commissioner Carollo: That could be done here once they bring it.
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Chair Russell: Mr. Mayor.
Mayor Suarez: -- let me see if I understand this. I don't understand the second
item, but I -- To put what up for RFP (Request for Proposal)?
Commissioner Carollo: Well, let me call you "Lord Mayor" so you get even
happier --
Mayor Suarez: Listen, be respectful.
Commissioner Carollo: -- and you could understand it.
Mayor Suarez: Be respectful.
Commissioner Carollo: I am being respectful.
Mayor Suarez: No, you're not being respectful.
Commissioner Carollo: That's from -- (UNINTELLIGIBLE).
Mayor Suarez: You're not being respectful.
Chair Russell: All right.
Mayor Suarez: Be respec ful.
Chair Russell: I'm about to bring this meeting to a close.
Mayor Suarez: Be respec ful.
Commissioner Carollo: Then you know what?
Mayor Suarez: Be respectful.
Commissioner Carollo: Then you should --
Mayor Suarez: Be respectful.
Commissioner Carollo: You know what you need to do?
Mayor Suarez: Be respectful.
Commissioner Carollo: Well, I am.
Chair Russell: Gentlemen --
Commissioner Carollo: I am.
Mayor Suarez: Be respectful.
Chair Russell: -- gentlemen --
Commissioner Carollo: Don't yell at me.
Mayor Suarez: That's it.
Chair Russell: -- I'm trying to lead --
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Commissioner Carollo: Calm down, calm down.
Mayor Suarez: Be respectful.
Chair Russell: Gentlemen --
Commissioner Carollo: Don't yell at me.
Mayor Suarez: Be respectful. I'm fine.
Commissioner Carollo: Don't yell at me.
Mayor Suarez: You're going to be respec ful.
Chair Russell: Gentlemen? Gentlemen, one at a time.
Mayor Suarez: You're going to be respec ful.
Commissioner Carollo: You talk about being respectful --
Mayor Suarez: You're going to be respec ful.
Commissioner Carollo: -- from all that you've been doing to me.
Mayor Suarez: You're going to be respec ful.
Commissioner Carollo: Well, you are, too.
Mayor Suarez: You're going to be respec ful.
Commissioner Carollo: You are, too.
Mayor Suarez: You're going to be respec ful.
Commissioner Carollo: You are, too. Just --
Chair Russell: All right.
Mayor Suarez: You are going to be respectful.
Commissioner Carollo: -- like you're respectful, right?
Mayor Suarez: You are going to be respectful.
Commissioner Carollo: No.
Mayor Suarez: Oh, yes, you are.
Chair Russell: (UNINTELLIGIBLE) a quorum, and then we are done.
Mayor Suarez: Yes, you are. Be respectful.
Chair Russell: I'm invoking the 3 p.m. rule.
Commissioner Carollo: You forget; you're not a strong Mayor. You lost 65
percent.
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City Commission
Mayor Suarez: That's got nothing to do with it.
Commissioner Carollo: (UNINTELLIGIBLE).
Mayor Suarez: It's got nothing to do with it, and that's why (UNINTELLIGIBLE).
Commissioner Carollo: You lost the strong Mayor.
Mayor Suarez: That's fine.
Commissioner Carollo: You lost the strong Mayor.
Mayor Suarez: (UNINTELLIGIBLE).
Chair Russell: This Commission meeting is coming to a close.
Mayor Suarez: Not because of you, my friend.
Commissioner Carollo: (UNINTELLIGIBLE) strong Mayor.
Mayor Suarez: Not because of you. Not because of you; trust me.
Chair Russell: All right.
Mayor Suarez: Yeah.
Chair Russell: Thank you, everyone --
Mayor Suarez: Goodnight.
Chair Russell: -- for your advocacy and your service.
Commissioner Carollo: Have a good day --
Chair Russell: We'll bring this Commission meeting to a close.
Commissioner Carollo: -- Mr. Mayor.
Chair Russell: We are finished.
DIRECTIVE
DIRECTION BY COMMISSIONER REYES AND COMMISSIONER
CAROLLO TO THE CITY ATTORNEY TO PLACE A RESOLUTION
ON THE OCTOBER 24, 2019 CITY COMMISSION AGENDA
REGARDING THE LEASE AGREEMENT NEGOTIATIONS
BETWEEN THE CITY OF MIAMI AND MIAMI FREEDOM PARK,
LLC.
RESULT:
DISCUSSED
Commissioner Reyes: (UNINTELLIGIBLE) --
Chair Russell: Commissioner Reyes.
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ADJOURNMENT
Commissioner Reyes: -- following on Mr. Gort's -- Commissioner Gort comments,
I don't know if I can do this, but I would love -- I would like to give a directive to
the City Attorney to place a contract on the next Commission meeting that has been
made by us, or a contract to be voted up and down.
Victoria Mendez (City Attorney): Obviously, Commissioner, you can make
whatever directive, and we'll have to comply with that.
Mayor Francis Suarez: And just to be clear, Mr. Chair, I will veto that if the
Commission passes that.
Commissioner Reyes: You are welcome to do it, sir.
Mayor Suarez: Sure.
Commissioner Reyes: It is -- you're the Mayor; it is your prerogative.
Mayor Suarez: Thank you.
Commissioner Reyes: Okay. That's it.
Chair Russell: Thank you.
The meeting adjourned at 2: 56 p.m.
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