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HomeMy WebLinkAboutCC 2019-12-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, December 12, 2019 9:00 AM Regular City Hall City Commission Francis X. Suarez, Mayor Ken Russell, Chair Alex Diaz de la Portilla, Commissioner, District One 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 December 12, 2019 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon. On the 12th day of December 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 9:20 a.m., recessed at 11:58 a.m., reconvened at 2:44 p.m., recessed at 5:13 p.m., reconvened at 5:38 p.m., recessed at 6:28p.m., reconvened at 7:26p.m., and adjourned at 9:11 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9:21 a.m., Commissioner Hardemon entered the Commission chambers at 9:24 a.m., and Commissioner Diaz de la Portilla entered the Commission chambers at 9:24 a.m. ALSO PRESENT: Joseph Napoli, Deputy City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Russell: Good morning, everyone. Good morning. Welcome to the December 12, 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; and for the first time, Alex Diaz de la Portilla; and me, your Chairman, Ken Russell. Also on the dais are Emilio Gonzalez, the City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, the City Clerk. The meeting will be opened with a prayer by Commissioner Reyes, and I'll lead you in the pledge of allegiance. Please stand. (Invocation and pledge of allegiance delivered.) Chair Russell: Thank you. PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 6904 Honoree Presenter Protocol Item Stacy Patrice Dean Mayor & Commissioner Hardemon Certificate of Appreciaition City of Miami Employee Milestones Mayor & Commissioners Pins RESULT: PRESENTED 1) Mayor Suarez and Commissioner Hardemon presented a Certificate of Appreciation to Ms. Stacy Patrice Dean. Ms. Dean has been an invaluable asset to Liberty City, going above and City of Miami Page 1 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 beyond what is expected of her. She organizes charity events, volunteers around the neighborhood, and serves as a mentor as well as a dance and fitness instructor at Charles Hadley Park. Elected Officials paused in their deliverance of governance to honor, commend, and thank Stacy Patrice Dean for her untiring efforts in serving the community of the City of Miami. 2) Mayor Suarez and Commissioners recognized various City of Miami Employees for their 25 years and 30 years of service, presenting them with Service Milestone Awards and commending them for their dedication and commitment to the City of Miami. Chair Russell: And now we'll go on with the program for protocol and presentations, please. (Protocol and presentations made.) ORDER OF THE DAY Chair Russell: Before we make the presentations and proclamations, we'll -- I'd like the City Attorney to state the procedures to be followed during this meeting. Thank you. Victoria Mendez (City Attorney): Thank you, Chairman. 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 the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office, or online at wwwmunicode.com [sic]. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the appropriate disclosures required by the Code in writing. A copy of this Code section is available in the Office of the City Clerk, or online at wwwmunicode.com [sic]. Pursuant to Section 4G of the City Charter, the Mayor may veto certain items approved by the City Commission within 10 calendar days. The material for each item on the agenda is available during the business hours at the City Clerk's Office, and online 24 hours a day at wwwmiamigov. com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action. 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 made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications, or viewed online at wwwmiamigov. com [sic]. No cell phones or other noise -making devices are permitted in chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notes the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Thank you. City of Miami Page 2 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: Thank you, Madam City Attorney. Later... Chair Russell: All right. We'll now start the regular meeting. Thank you very much. And good morning, everyone. We're ready to start the business of the day. We'll begin with the order of the day. Mr. Manager, if you'd like to address this body with any items seeking to be deferred, continued, or withdrawn. Joseph Napoli (Deputy City Manager): Good morning, Mr. Chairman, Mr. Vice Chairman, Commissioners, Madam City Attorney, and Mr. City Clerk. Before I go over the items, the City Manager has been out this week tending to his wife, who is very ill at this time. At this time, the Administration would like to defer and/or withdraw the following items: Personal Appearance.2, we were just informed will not appear -- Commissioner Carollo: Excuse me. Can I interrupt you for a minute? I apologize. Mr. Napoli: Yes, sir. Commissioner Carollo: When you give us the item numbers, can you also sped like you were doing on each one, what the item is? Mr. Napoli: I will; yes, sir. Commissioner Carollo: Thank you. Mr. Napoli: Yes, sir. Personal Appearance.2 is an update on the Super Bowl, and that will be deferred. Chair Russell: To which date, please? Mr. Napoli: Next Commission meeting, the one -- Chair Russell: Continuance. Mr. Napoli: January 9. Chair Russell: Continuance. PA.2 -- that's the personal appearance of Rodney Barreto -- continued to the next meeting. Mr. Napoli: Correct. Mr. Napoli: To be deferred to January 9, CA.3, which is the allocation of funds to Kristi House; to be deferred to February 13, PH9, which is approve the right-of-way access for Illumination Technologies. Chair Russell: Thank you. Mr. Napoli: To be indefinitely deferred, RE.2 and RE.3, and that is the Virginia Key Marina bid. Commissioner Carollo: RE.2 and RE.3? Mr. Napoli: RE.2 and RE.3; yes, sir. One is the actual solicitation. The other one is the referendum question. Commissioner Carollo: Okay. Thank you. City of Miami Page 3 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Napoli: Indefinitely, sir. To be withdrawn, RE.9, accept donation for the resurfacing basketball courts at Belafonte Tacolcy Center. Commissioner Carollo: What happened? No donations? Mr. Napoli: They're going -- no, sir. They're going on a different track. They're going the Art in Public Places track. Commissioner Carollo: Okay. Mr. Napoli: To be deferred to January 23, RE.10, accept the Simply Healthcare Plans donation at Hadley Park. We just need -- we're just still working through that. Commissioner Carollo: Okay. Mr. Napoli: To be withdrawn, RE.13, which is a settlement for Julio Dotel. Commissioner Carollo: What is that? Mr. Napoli: It's a settlement. Commissioner Carollo: Okay. Mr. Napoli: It's a workers' comp settlement for Julio Dotel, and we're withdrawing that. Commissioner Carollo: Withdrawn. Okay. Mr. Napoli: Yes, sir. To be deferred to January 9, SR.6, which is to amend the Code, Chapter 6, for the relocation of peafowl. Commissioner Carollo: The relocation of --? Mr. Napoli: Peafowl. Commissioner Carollo: Okay. Chair Russell: Peacocks. Mr. Napoli: Yes. And -- Commissioner Carollo: Why didn't you say so? Chair Russell: We're gender -neutral here at the City of Miami. Peacocks are male. Peahens are female. Peafowl is everyone. Commissioner Carollo: Are we going to be trading roosters for peacocks in Little Havana? Mr. Napoli: And Mr. Chairman and Commissioners, I have a special request. The Army - Navy game is occurring this week, and I ask that you please take it light on the City Clerk as Army beats Navy this weekend. Todd B. Hannon (City Clerk): For the record, I just want to clarify that Navy's record is much better than Army's this year. We're 9 and 2; you're 5 and 7. Mr. Napoli: Touche. City of Miami Page 4 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: Well, you guys could talk about -- all you want about Army -Navy or any other football team. Just don't mention UM (University of Miami) until next year, until next year. Commissioner Reyes: But you can mention the Gators. Commissioner Hardemon: So, Mr. Chairman -- Chair Russell: Yes, Commissioner Hardemon. Commissioner Hardemon: I just want, through the Chair, to have him repeat the deferrals and continuances, and withdrawals again. And I do want to add one indefinite deferral to it, as well. Mayor Francis Suarez: Okay. I -- Chair Russell: I'll open up for the boards items. Mayor Suarez: -- and I just want to -- since we're talking about football -- congratulate Booker T. Commissioner Hardemon: Yeah. Mayor Suarez: They won the State championship yesterday, so. Commissioner Hardemon: There you go. (Applause) Mayor Suarez: We're going to bring them to City Hall. Commissioner Hardemon: Did we doubt it, though, right? Mayor Suarez: What's that? Commissioner Hardemon: Did we doubt it? Mayor Suarez: Come on, man; of course not. Ben Hanks) is coaching over there now. Commissioner Hardemon: Right. Mayor Suarez: Right. Chair Russell: All right. We need to separate sports and State; get on with the business. Commissioner Reyes: So, Commissioner -- Chair Russell: Yes, sir. Commissioner Reyes: -- yes, I would like also (UNINTELLIGIBLE). Chair Russell: Just a moment. Commissioner Hardemon wants clarification from the Administration's deferrals, and then we'll do the dais if that's all right. Do you want them read again by the Clerk or by the --? Commissioner Hardemon: By Administration. City of Miami Page 5 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: Thank you. Mr. Napoli: To be deferred to January 9, Personal Appearance.2, and that's an update on the Super Bowl. Commissioner Reyes: Which one is that? Mr. Napoli: That is Personal Appearance.2. To be deferred to January 9, CA.3, allocate funds to the Kristi House; to be deferred to February 13, PH9, approve the right-of-way access for Illumination Technologies; to be indefinitely deferred, RE.2 and RE.3, which is accept the recommendation for Virginia Key Marina and the referendum question that accompanies it; to be withdrawn, RE.9, accept donation for resurfacing courts at Belafonte Tacolcy Center; to be deferred to January 23, RE.10, accept Simply Healthcare Plans donation at Hadley Park; to be withdrawn, RE.13, settlement for Julio Dotel; and to be deferred to January 9, SR.6, amend Code for Chapter 6, relocate peafowls. Commissioner Reyes: Okay. Chair Russell: Is there anything from the dais -- Commissioner Reyes: Yes. Chair Russell: -- that you would like to see continued, withdrawn, or deferred? Commissioner Reyes: Yes. Commissioner Carollo: I'd like to -- Chair Russell: Commissioner Reyes wanted first; and then Commissioner Carollo, please. Commissioner Reyes: Okay. I would like to defer till January 9 -- I think it is the next one -- RE.18, DDA (Downtown Development Authority) Executive Director John Aleman. Commissioner Carollo: RE (Resolution) -- Commissioner Reyes: 10. Commissioner Carollo: --10. Chair Russell: "18," he said. Commissioner Reyes: "Digo" 18, RE.18. Commissioner Carollo: Okay. Chair Russell: Executive Director. Commissioner Reyes: RE.18. Commissioner Carollo: Since we're doing that, Commissioner, can we include that and defer this item with all the items for Chairs until January? Chair Russell: That's BU.1. Commissioner Reyes: Absolutely. Commissioner Carollo: Okay. City of Miami Page 6 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: Absolutely. I second that. Commissioner Carollo: Okay. That's -- we're talking for all the Chairs, the -- Chair Russell: BU (Budget) -- Mr. Hannon: BC (Boards and Committees). Commissioner Carollo: Yeah. Chair Russell: I'm sorry. Thank you. Commissioner Diaz de la Portilla: Can -- Mr. Chair? Chair Russell: BC.1. Thank you. Commissioner Diaz de la Portilla: Can we hold off on that, Commissioner Carollo, for a little bit later? We have the ability to defer it later on if we choose, correct? Chair Russell: We do. Commissioner Carollo: We could -- Commissioner Reyes: We do. Commissioner Carollo: -- yeah. Commissioner Diaz de la Portilla: Can you hold off as a courtesy to me? Commissioner Carollo: Yeah, yeah. This is fine. Commissioner Diaz de la Portilla: Thank you, Commissioner. Commissioner Carollo: -- until later on. We could do it. Commissioner Diaz de la Portilla: Thank you. Commissioner Carollo: No problem. Chair Russell: And Commissioner Reyes, the Executive Director deferral? Commissioner Reyes: Yes, sir. Chair Russell: And is there a potential reason? Commissioner Reyes: Well, I have -- I wanted to meet with the selection committee and ask some questions, you see, because this is a very important appointment, and it will have -- you being the Chair, you know that it will have a lot of significance in downtown Miami. And I wanted to -- we had a -- I had a meeting scheduled for yesterday with part of the selection committee, and I wasn't able to -- they were not able, I mean, and I'm not blaming them, but they were not able to come to the meeting. So a couple of weeks is not going to harm anything. You still have in place a Director that is -- Chair Russell: Agreed. Commissioner Reyes: -- he'll be -- City of Miami Page 7 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: The organization is not at risk; you're absolutely correct. Commissioner Reyes: It's not at risk. I mean, there is not nothing that is -- an immediate appointment is required, you see, so I would like to meet and -- with the selection committee, and also ask some questions, and meet with Ms. Aleman again. Chair Russell: Yes. Or -- Commissioner Reyes: Yes. Chair Russell: -- out of courtesy to Commissioner Aleman, I know that she has not only received, but turned down very lucrative offers from nationwide searches that she's been involved in to take this job, so she's put herself in a timely risk with us after a very long process, so I would like to encourage us to take a decision one way or the other for her, so she can move forward. Commissioner Reyes: Well, the problem is that at this moment, I cannot make an honest decision because there is a lot of things that I don't know, you see. If I make a decision, it's going to be out of the blue sky. Okay, I'm taking a leap of faith, and I don't like to do that, you see? And I don't think that that is -- doesn't mean that I would be voting against her or in favor of her. Probably she will have more than enough votes to be appointed, but I would like to have a -- Commissioner Carollo: So -- Commissioner Reyes: -- time to just interview the selection committee and interview her. This is just a -- Chair Russell: Commissioner Carollo. Commissioner Carollo: So that I could alleviate concerns, not just for you, but for the board, for Ms. Aleman herself -- Commissioner Reyes: Yes. Commissioner Carollo: -- she reached out to me to meet with me, I think, the day before yesterday or so. Unfortunately, since a certain election that kept me busy, and then corning back with -- trying to give a lot of food for Christmas that we've been doing, I haven't been able to find the time. I mean, I wish there were more than 24 hours in the day, so that's why I didn't meet with her; no other reason than that. I've gotten a lot of you know, good reports on her, and a lot of people from many sectors have called me up, speaking well of her. So I'm positive in what I'm hearing from her. I just didn't have the time to meet with her, so I don't want you or anyone else to think -- or herself -- that it's because, you know, I'm a vote against her, or I have any issues with her. I didn't have the time to meet with her. Chair Russell: Understood. Understood. Are there any other items to add to the list of deferrals, continuances, or withdrawals? Commissioner Hardemon: I would like to. Chair Russell: Commissioner Hardemon. Commissioner Hardemon: Yes. Commissioner Carollo: Yet -- Chair Russell: You were still -- I'm sorry, Commissioner Carollo. City of Miami Page 8 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: -- what I respectfully request -- I'm sorry, Commissioner -- is if I could come back at some point in time, and I'll try to put a list more combined, but if not, if there's any item that comes up that I have a problem with, I'll so say before I give that list. Chair Russell: We can always defer at the item -- Commissioner Carollo: Right. Chair Russell: -- and if you have a list, we -- you can make a motion at any time. Commissioner Carollo: Thank you. Chair Russell: Commissioner Hardemon. Commissioner Hardemon: Yes. I'd like to indefinitely defer SR.8. Commissioner Reyes: SR (Second Reading)? Commissioner Hardemon: SR.8. Commissioner Carollo: What is that about, Commissioner? Commissioner Hardemon: That is the Public Officials' Retirement Trust. Commissioner Carollo: The -- what? Excuse me? Commissioner Hardemon: Public Officials' Retirement Trust. Commissioner Reyes: The pensions. Commissioner Carollo: Okay. SR.E? Chair Russell: 8. Commissioner Carollo: 8. Chair Russell: Anything else, Commissioner? Commissioner Hardemon: As you would have said, I respectfully reserve my right to defer any other items at a later point in this meeting. Chair Russell: As you may. Commissioner Diaz de la Portilla: Ditto, Mr. Chairman. Chair Russell: Very good. All right. I would like to -- respect to a few of our guests that are here for public appearance, prior to -- Mr. Hannon: Chairman -- Chair Russell: Oh, we need a motion. I'm sorry. Thank you. Is there a motion on that entire Commissioner Carollo: There's a motion. Chair Russell: -- slate? City of Miami Page 9 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: Second. Chair Russell: Seconded by Commissioner Reyes. Any further discussion? Commissioner Carollo: Yes, there is. Chair, I would hope you'll be amicable to this so that we don't have to have a vote on it, butt would like to have two of my items that -- I'll combine them so it'll be easier; even though the one I'll be dealing with more will be on one of the two, DI5, but I would like to have these items heard at a time certain. If we can't do it late this morning, then I'd like for it to be the very first item when we come back from lunch. Chair Russell: All right. So we'll make an effort toward 11..30. Commissioner Carollo: But if you'd like -- Commissioner Diaz de la Portilla: Which item is that, Mr. Chair? Commissioner Carollo: Well, 11: 30 -- we break for lunch in a half hour, so that's not much time, so I'd -- Chair Russell: That's why I was trying to hint -- Commissioner Carollo: Yeah. Chair Russell: -- maybe a half an hour will be sufficient. Commissioner Carollo: So I'd prefer then to take it up right after lunch -- Chair Russell: After lunch. Commissioner Carollo: -- the first item after lunch. Chair Russell: Commissioner Diaz de la Portilla, DI5 is the discussion; it's a discussion item, non -action, City Manager, Code and Building procedures and enforcement. Commissioner Carollo: It'll be combined with DI4 so that it'd be quicker. Chair Russell: So DI 4 and -- Commissioner Carollo: These have been around for a long, long time. Chair Russell: All right. Commissioner Reyes: Yes, sir. Chair Russell: So we'll look to take those things up first thing after lunch whether -- when we break. We'll see when we break, but it'll be 2 or 2..30. Commissioner Diaz de la Portilla: Okay. Thank you. Commissioner Reyes: Yeah. Mr. Chair? Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: Yes. I also would like to co-sponsor FR.5, the storage facility moratorium. Chair Russell: This is a co-sponsorship request. City of Miami Page 10 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: Yes. Chair Russell: Can we hold off on that until we have a vote on the order of the day? And then, actually -- Commissioner Reyes: Absolutely. Chair Russell: -- I'll ask for everybody's -- anyone who wants to add any co -sponsorships to anything. Commissioner Reyes: Yes, sir. I just didn't want to forget it. You know, at my age, I have to be -- Chair Russell: Trust me, I know the feeling. All right. Are there any other discussion on the deferrals, continuances, withdrawals? Hearing none, there's been a motion, a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. Commissioner Reyes, what would you like to co-sponsor for the day? We'll make notes for the Clerk. Commissioner Reyes: It's going to be FR.5, storage facility moratorium. Chair Russell: Thank you very much. Is there anyone else who'd like to announce? And, of course, you can do it at the item, but a little easier for the Clerk if we do it now. I'll be co- sponsoring PH.7, CA.5, RE.15, and FR.3, and I thank those who have brought those items. They're things that I believe very strongly in, and I appreciate it. Commissioner Carollo: If I can also put on the -- place on the record that I would like to -- Look, we have a lot of things on today's agenda, so I'm going to try to clean up some of my own, and maybe others could do the same, so we could try to finish before midnight. I will stay till midnight today. The -- Chair Russell: It's been noted for the record Commissioner Carollo will be staying till midnight, no matter what. Commissioner Carollo: Yeah, that's -- but I'll defer for the next meeting DI 3. Chair Russell: Any other items, sir? Commissioner Carollo: As I see them I'll give them to you. And I'd like to thank the Mayor for co -sponsoring my Item FR.3. Chair Russell: All right. So there's a motion to continue DI3 to the next meeting; is that correct? Commissioner Carollo: Yes. Chair Russell: Seconded by the Chair. Any further discussion? Being none, all in favor say "aye. The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you. Are there any other -- anyone who'd like to announce any co -sponsorships? City of Miami Page 11 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Russell: Good morning, Mr. Mayor. Would you like to address the dais and the public? Mayor Francis Suarez: Thank you, Mr. Chair. I'll be brief. First, I wanted to take an opportunity to congratulate and commend Commissioner Alex Diaz de la Portilla. We very much look forward to having him here with us, and his service to our community. As I said in the video that we produced for his swearing in ceremony, I'm excited to have him here, so I just wanted to start by saying that. I just wanted to talk about three items that are on the agenda. One of them is Commissioner Reyes' Item RE.17, which establishes a permanent nature to the Senior Rental Assistance Program. As you know, our future depends on creating an environment that is economically equitable for all, especially our seniors. Last week, along with Commissioners, I announced a first -of -its -kind Senior Rental Assistance Program that will provide rent relief to low-income seniors by alleviating the cost burden of housing for those who qualms. This will help our most vulnerable tremendously so that they no longer have to decide between paying rent or paying their cable, or paying their groceries. With a million dollars that will help at least 700 seniors conservatively, we knew that this program was off to a great start, but today we have the opportunity to make it even better. Thank you to Commissioner Reyes and to all the Commissioners, RE.17 will turn what was originally a pilot Senior Rental Assistance Program into a permanent one. As Commissioner Reyes would agree, our seniors constantly express the need for affordable housing to us. Making this program permanent will bring much -needed long-term relief to those who need it the most so that they, like the program, can take comfort in knowing that they are here to stay. Our seniors, or "nuestros abuelitos," as we call them, deserve this. Without their sacrifice, many of us, including myself, would not have had the opportunity to pursue our goals and to be successful. RE. 21 is allocating $10, 000 to the Bay of Pigs Museum. I know Commissioner Carollo earlier also did that, and I want to commend him for that. Like our seniors, few know the meaning of sacrifice better than those who have fought for freedom and democracy. The "2506 Brigada," or "Brigada 2506," is certainly no exception. Their flag, which I display proudly at the entrance of my office here at City Hall, represents each and every one of the men -- some of whom are no longer with us, and every day that passes, less and less are with us -- who fought in the Bay of Pigs and put their lives on the line for a free Cuba. As a Cuban American, I'm a product of their sacrifice, just as I am a product of Miami. These men do not just represent the members of "Brigada 2506"; they also embody the bravery and gumption of every Cuban who sacrificed to create a better life for them and their families. With this in mind, I encourage my colleagues to support RE.21, which will allocate funds to the Bay of Pigs Museum, and the Library of "Brigada 2506." Preserving and enhancing this museum ensures that their brave pursuit of freedom was not in vain and that it will never be forgotten. We must always cherish and memorialize the courage of "Brigada 2506," whose courage to fight for freedom has left an everlasting mark on our City and country. And finally, PH.7, which is waiving requirements for competitive bidding for -- which would not be practical or advantageous to the City to establish a fecal indicator bacteria monitoring program with Biscayne Bay Waterkeeper. Looking towards the future, few things are more important to our community's well-being -- and also nonpartisan -- than the environment, especially our water quality. Water is not just a feature of Miami, as you can see from the rain today. It's the life blood of our ecosystem that literally runs through the veins of our City. Unfortunately, Biscayne Bay, a crown jewel of Miami's natural assets, is contaminated. Elements like litter, debris, and an aging sewer infrastructure are deteriorating the bay's water quality, and threatening everything from recreational use to healthy fish populations. As a city, we continue to tackle water issues head on by installing backflow prevention valves, posting community cleanups, restoring coastal habitat, and more. But we cannot do it alone; that is why, with support of Biscayne Bay Waterkeeper, I, along with Chairman Russell, are proposing PH.7, to establish a fecal indicator monitoring program that will identify contamination points and levels, so we can stop them at their source. Our City's future depends on a clean and healthy Biscayne Bay. Together, we must ensure that that goal remains within our reach. Thank you, Mr. Chair. City of Miami Page 12 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: Thank you, Mr. Mayor. All right. And now we would like to address our bosses, the public, the residents of the City of Miami. If you are here to speak on any of today's items that are non -Planning and Zoning -- which will be after 2 p.m. -- if you're here to speak on any of the morning's agenda, please approach both of the lecterns. We'll alternate lecterns. You can speak on any item of the morning's agenda. Please just give us your name, which item you're speaking on, and you have two minutes to speak. You do not need to give your address. At the 30-second point, you'll hear a small "beep" from the Clerk's Office. That's just a reminder to start wrapping it up, and at the finish. Please respect the time of the two minutes so that we can be efficient with the day. I'd like to ask the audience, please, no applause. You can show your approval of an item just by a wave of your hands, and that'll let us keep efficient and keep decorum. So with that in mind, please also share the podium so we can alternate lecterns, and I really thank you for coming and taking time out of your day to address this body on things that are important to you. So I'll start over here. Good morning. Kelly Cox: Good morning, Commissioners. My name is Kelly Cox. I'm the general counsel at Miami Waterkeeper. We're a Miami -based non-profit, dedicated to providing swimmable, drinkable, and fishable water into South Florida. Today I'd like to speak in favor of PH 7 and FL.1. I'd first like to thank this Commission and staff for their leadership and commitment to improving water quality in Biscayne Bay. As you all know and just heard from Mayor Suarez, the bay is experiencing multiple threats from land -based sources of pollution related to water quality; and in fact, it's at an ecological tipping point, which means that it can't absorb additional nutrient pollution or other sources of pollution at this time without facing the risk of declining further. PH.7, as you heard, proposes a new partnership between Miami Waterkeeper and the City of Miami to monitor strategic locations in Biscayne Bay for fecal indicator bacteria; specifically, areas that are used as recreational access points for our community. This is in an effort to better inform our community members of when conditions might be harmful to swimming or recreating. We'll take those results from six different sites, monitored weekly, and we'll post them to our free online and web app, called Swim Guide, where our residents can be informed about whether or not it's safe to get in the water. This is also going to be beneficial to our children, our families, our visitors, and our most vulnerable populations. I'd also like to speak in favor of FL.1 today, which is a future legislative item related to fertilizer use and regulation within the City of Miami. Across the State of Florida, more than 80 municipalities have started to address fertilizer regulation, which is the application of nutrients to land, and I think this is something that the City should really be exploring to try to address nutrient pollution that could run off into our waterways. We've been working with the Office of Resilience on this issue, and we look forward to furthering that effort through a future ordinance with the City of Miami. So thank you very much. Chair Russell: Thank you very much. And just to bring attention to what FL is on our agenda, these are not action items for today. This is a future legislation. It's a 60-day waiting period where the public can comment to our Administration, comments, questions, concerns, before it hits our dais for lack of a sponsor. I'll be happy to sponsor FL.1 to accelerate its public hearing at the dais; at which time, obviously, public comment can be made, and we can take it up, but that's for the future. So thank you very much. Good morning, Mr. Dutton. Stephen Dutton: Good morning. Chairman, Commissioners, I join everyone present in congratulating Commissioner Diaz de la Portilla. I look forward to meeting you and working with you as time goes by. My name is Steve Dutton. I founded a charitable organization called Avenue Three Miami. I'm here to speak in support of Commissioner Ken Russell's continued chairmanship of the Downtown Development Authority. I have, in the past four years, continued to attend board meetings, committee meetings, and actually have served as volunteer in a couple of roles at the DDA (Downtown Development Authority). I know its importance to our community. Moving here, and since 2013, I've seen that the average of persons moving into downtown, such as myself, and living in those beautiful City of Miami Page 13 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 towers oftentimes are much younger than people anticipated. The number of families is increasing. And so, I think it's important that the Downtown Development Authority continue with leadership that understands and appreciates the very different demographic and the very fast -changing situation that we have in downtown Miami. Chairman Russell supports, as I do, emphasizing pedestrians and alternate transit options over cars. He supports modernization of outreach efforts to serve the homeless, the unsheltered in our downtown sectors. He supports preserving more downtown parking green spaces. He supports affordable housing options to serve those who work in the many businesses -- and small businesses, frankly -- in downtown. He has personally -- and I know he supports entrepreneurial business experience, and he's representative of the growing number of young families. And for all these reasons, life doesn't get easier or more forgiving, but we get stronger and more resilient. And it's important that levity always enter into anything that we consider, as shown by this body. He recently tweeted that he saw the duct -taped banana at the Art Basel, and I believe it was generating $120, 000, at least, in support or rumored revenue; so much so that the owner of Santucci Cafe Grill put a duct -taped banana on the front of his restaurant. Unfortunately, it only lasted one day; somebody ate it. Chair Russell: Thank you, sir. Thanks for your comments. Good morning, Mr. Houdard. Philippe Houdard: Good morning. My name is Philippe Houdard. I'm a board member of the Downtown Development Authority, the DDA. I'm also the Chairman of the Search Committee, and I'm here on behalf of the Search Committee and the board to recommend the approval of John Elizabeth Aleman for the position. I understand that it's deferred. I can only speak on my behalf. I'm a little disappointed, butt respect the decision. I want to make sure that it's known that I'm available to speak with anyone. Briefly just discussing Ms. Aleman, she is a rare person of such distinction, of such high caliber, who's demonstrated leadership both in the private sector and in the public sector, which was a crucial component in our decision -making. In her private -sector life, she reached the levels of being a senior executive at two pillars of the community, Ryder and MasTec, where she excelled. And as you likely know, she's a former Commissioner of Miami Beach. Importantly, as it pertains to this decision, she has demonstrated repeatedly that she's available and open to work with and for anybody in the public interest and for the betterment of their community. If I could just touch briefly on the process, as I know that this is important, the Search Committee consists of five people. And one of the initial decisions was to engage the preeminent executive recruiting firm in the United States, Korn Ferry, that's on the New York Stock Exchange as a publicly -held company. We went through six months of process, over 400 candidates reviewed, and emerging from that process was the only candidate -- Ms. Aleman -- who was recognized as the unambiguous and unanimous decision. It was brought to a full board vote, where she received overwhelming support. There was one lone dissenter that has since also expressed support for Ms. Aleman. So at this time, she has unanimous and complete support of the Board of Directors of the DDA, and I strongly encourage that you do so -- Chair Russell: Thank you for your comments. Mr. Houdard: -- at the appropriate time. Good morning. Elizabeth Kelly: Good morning. My name is Elizabeth Kelly. I work with Miami Waterkeeper as a water quality scientist. I thank you for the opportunity to speak here today. I would like to speak in support of PH 7, and, of course, FL.1, because when we think about the fertilizer ordinance, nutrients -- specifically, phosphorous and nitrogen -- applied to lawns as part of fertilizer application -- can run off into water bodies. On a day like today, as we can see, everything is getting flushed out off the streets, off the lawns, off of everything, and into our water. Clean water is important for our local economy and for our health and our quality of life. We have seen unprecedented algal blooms in South Florida in the past few years. These blooms are fed by nutrients; specifically, nitrogen and phosphorous. Obviously, fertilizer does its job; it does it too well. When we feed our lawns, City of Miami Page 14 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 we feed up every other organism that takes up these nutrients. Nitrogen and phosphorous are two nutrients that can be taken up and used by algae to multiply into billions of cells blooming into our waterways. These nutrients already exist in our ecosystem as legacy pollution from all the years where fertilizer was used indiscriminately, where we didn't understand the connection. Keeping these nutrients out of our waterways so that we don't add to already high volumes of these nutrients, especially during the wet season, and again on days like this, is an important start to addressing our water issues. As I said, I also wanted to speak in support of the fecal bacteria monitoring program. Another important part of addressing some of the concerns we have, the issues we have with our water quality is we need to measure the indicator bacteria. We need to monitor these bacteria. We need to determine what the baseline level of fecal indicator bacteria are, and this will help us determine our successes and as well as where we need to improve. In this way, we can plan for future strategies for clean water. Thank you. Chair Russell: Thank you for your comments. Good morning. Kalex Carlos A. Velez: Good morning. Hi. My name is Kalex Carlos A. Velez. First of all, I want to thank everybody for allowing me to speak. And I'm basically here as a representative for the condominium association where I live, which is the 1800 Biscayne Plaza, and along with the BNA (Biscayne Neighborhood Association). I'm pretty much here just to praise the two City organizations, which are the CRA and -- along with the DDA. I understand the importance of both agencies. And basically, why I'm here is I want to encourage you guys to continue doing the great job that you guys are doing. I've been in Miami for over 35 years. I've seen the growth from the very get -go, and I continue seeing the improvements. I want to thank you, Commissioner, for your great role in doing what you're doing, and I want to thank everybody else again for their roles in doing what they're doing to make, you know, basically, the quality of life of our -- of Edgewater, which is what I represent, better. Mainly, my understanding is, is that there's going to be some type of a new leadership role and -- in the agencies. And I can't urge enough how important I think it is that our current Chairman, Mr. Ken Russell, continues, because I feel like you're doing a great job. I feel like your leadership speaks for volume, and I hope that you will continue doing that. And should you have the opportunity to do so, I just want you to know that on behalf of me and everybody else that we support you. Thank you. Chair Russell: Thank you for your comments. Good morning. Ben Dvir: Good morning. Hi. My name is Ben. I'm the President of the Blue condominium and a member of BNA. We definitely want to thanks [sic] the Commission and DDA, and CRA. And we know that lately, we see a lot of improvement. And definitely, we are very involved in our community. And we want to thank through the Chairman, Ken Russell, that really have great leadership, and the development is actually increasing. And we know that -- we want you to know that we definitely support you, and hopefully that you continue the leadership of the DDA and the CRA. And thank you again. Chair Russell: Thank you for your comments. Good morning. Collin Schladweller: Good morning, Commissioners. My name is Collin Schladweller, and I am the Outreach Coordinator at Miami Waterkeeper. I am here to speak as a proponent for PH.7 and FL.1. So we all know the quality of our waters here in Miami is under threat due to various forms of pollution, whether that's the plastic pollution and trash that we can see and actually take out of the water, but there are also more lucrative items that are polluting our waters, like different nutrient loading, as well as various sources of bacteria in our waters. So (UNINTELLIGIBLE) loading into our waterways can have harmful impacts on ecosystem, like my colleagues have discussed earlier, like harmful algae blooms that also cause fish die -offs. These nutrients, like phosphorous and nitrogen, come from land -based sources, and flow through our streets, like days like today, and into storm drains, and then into our canals, and then eventually our Biscayne Bay. These nutrients are found in City of Miami Page 15 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 fertilizer, and this is why FL.1 is of importance to us today, and also adopting this ordinance. As an education and outreach person, educating the public is, you know, going to be the first and foremost, you know, use for behavior change in seeing these needed actions from our communities, but to have an ordinance or regulations in support of that would greatly help that move forward and convince people. And so, I would just like to say I'm a proponent again for PH.7 and FL.1, and in favor of the further bacteria testing, as well. Thank you. Chair Russell: Thank you very much. Good morning, Mr. Althabe. Andres Althabe: Good morning. Good morning, Commissioners. And we want to welcome Commissioner Diaz de la Portilla, and assure you that you're going to find us always ready to help you making this city better. Andres Althabe, 1900 North Bayshore Drive. I'm the President of a 700-unit condominium, and the President of a large neighborhood association in Edgewater. And I'm speaking on the work of two agencies that have been steadily improving under the chairmanship of Commissioner Russell. DDA and CRA have made big progress, especially -- well, I have to commend you. In the last year, DDA has helped improving the economic development of downtown, but the CRA has also approved the funding of projects that have been really -- we consider that are going to really improve the quality of life in Edgewater. I believe that it's very good practice to keep a Chairman that is accountable at election time, because it's the district Commissioner. At election time, we could show our support or our disagreement with your chairmanship in those agencies, and that for us, it's a very good practice that should be continued. And to make it short, you have been very easy access, Commissioner, and very much in touch with the community. I remind you, just last night, a huge meeting. Thank you. Chair Russell: Thank you for your comments. Good morning. Orlando Gonzales: Good morning. My name's Orlando Gonzales. I'm the new Executive Director of Safeguarding American Values for Everyone; mostly known to you all as SAVE Dade, or SAVE. SAVE is the longest -serving LGBQ (Lesbian, Gay, Bisexual, Questioning/Queer) rights organization in Florida. We're proud to be here today to support Item Number FR.3-6924, calling for the establishment of an LGBTQ Advisory Board. We want to thank Commissioner Joe Carollo for introducing the legislation and to establish the advisory board for the City of Miami. We also want to thank the co-sponsors, Mayor Francis Suarez and, of course, the Chairman, Ken Russell. This is common-sense legislation that will continue to make the City of Miami one of the most welcoming, inclusive, and diverse cities in the world. Having an LGBTQ Advisory Board is a great step forward in keeping the City Commission informed and connected to the LGBTQ community's challenges and opportunities. Some of those issues that we face are a tremendous amount of homelessness amongst our LGBTQ youth, healthcare issues surrounding HIV (Human Immunodeficiency Virus) infection, discrimination and hate crimes, domestic violence, and, of course, a concern for our aging LGBT adults. Creating this advisory board sends a clear message to the community that LGBT people are important and that they're wanted, and that they're respected in the City of Miami. Thank you for your time. Chair Russell: Thank you for your comments. Good morning, sir. Brett Bibeau: Honorable City Commission, happy holidays. Brett Bibeau, Managing Director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. I applaud Commissioner Carollo for sponsoring RE.16, and I recommend approval of the item, creating a play street along half a block of Southwest 5th Street, from underneath the west side of I-95 to Southwest 3rd Ave. The subject portion of this one block splits Jose Marti Park with the basketball courts primarily on the north side of the street while the baseball diamond is on the south side of the street; therefore, creating Commissioner Carollo's and the Urban Impact Lab's wisely proposed play street improves Jose Marti Park while addressing the unfortunate current conditions of the subject area. Your time and City of Miami Page 16 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 support for the Miami River District are appreciated. And I'm happy to return for the afternoon PZ (Planning and Zoning) public comment period for the MRC's (Miami River Commission's) advisory recommendation on a PZ item. Chair Russell: Thank you for your comments, Mr. Bibeau. Good morning, Ms. Viciedo. Marta Viciedo: Good morning. Marta Viciedo, 915 Northwest 1st Street. Good morning, Mr. Chair, Commissioners, Mr. Mayor; and good morning, Mr. Diaz de la Portilla. I am here to speak in favor of RE.16, and thank Commissioner Carollo for moving this item forward. I have had the immense honor of working with a number of your residents -- hundreds, really, of your residents -- from children to seniors, and really talk about how to improve the conditions within this area, and this is something that they're immensely excited about. We have worked with the City Administration in moving forward with this initiative. We've activated the street no less than seven times. One of the directions that we received was a proof of concept idea, and we've done that. We've held a really successful "Dia de los Muertos" Festival. We've held small community Zumba classes for free for residents where we've had over 20 to 30 residents come out and participate at no cost to them. And now it really is time to move forward with the designation that allows us to do things like those Zumba classes at a cost that is reasonable, because right now, it cost about $3, 000 a month just to be able to do that when you're thinking of permitting cost and paying for police, and going through the process that the City of Miami requires. So we are very excited and very grateful for your support of this item and moving this forward, and are here as a resource for you and your community. Thank you. Chair Russell: Thank you for your comments. Good morning. Jonathan Casanas: Good morning, Chairman. Thank you, board, for allowing me to speak, and Mayor Suarez. My name is Jonathan Casanas. I'm the Director of Forward Miami, a non-profit organization that produces the Gay Ultra Festival in Little Havana. I'm also a member of the Miami -Dade Gay and Lesbian Chamber of Commerce, which I'll be representing Steve Adkins, who, unfortunately, couldn't be here today, but he allowed me some notes to share with you. The Miami -Dade Gay and Lesbian Chamber of Commerce applauds and supports the creation of this important LGBTQ Advisory that is to be added to the other diverse voices that make up the City of Miami. As the voice of the LGBTQ businesses in Miami -Dade, our demographic represents $9 billion in local annual economic impact. We are a part of a 1.7 trillion -dollar LGBTQ GDP (Gross Domestic Product) here in the United States, with over 24,000 self -identified LGBTQ-owned businesses, making up a powerful diversity and inclusion segment. With well over 300,000 LGBTQ residents calling our County home, it is about time that our perspective is heard from all facets in daily life. From transportation to housing affordability, our issues are your issues. We look forward to being a positive voice for improvement, and I thank you for your time. Chair Russell: Thank you for your comments. Good morning. Lindsey Carales: Good morning. My name is Lindsey Carales, and I'm here representing the Health Foundation of South Florida, in support of RE.16. But I'm also a homeowner and residents at 2262 Southwest 18th Street. The Health Foundation would like to thank Commissioner Carollo for sponsoring this resolution to designate the portion of Southwest 5th Street at Jose Marti Park as a play street. As the largest not -for -profit grant -making organization that's exclusively dedicated to improving the health of South Florida residents, we make -- we -- the Health Foundation works to make our community one that supports the opportunity to live healthy and make healthy choices. We support this play street designation, because we believe that it will transform not only Southwest 5th Street, but the entire Jose Marti Park and the surrounding area into a really unique special place for the community that will support those healthy lifestyles. We thank you for your consideration on this issue. City of Miami Page 17 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Gabriela Noa Betancourt: Good morning, Mayor and Commissioners. And congratulations to Commissioner Diaz de la Portilla. My name is Gabriela Noa Betancourt. I work with Unite Here Local 355. I'm here today to put some comments on the record about Item DI 1. We just wanted to let you know that Miami Freedom Park, LLC (Limited Liability Company) is currently not in compliance with the City's Labor Peace Policy, which is a requirement for a development of this type. Thank you. Chair Russell: Thank you for your comments. Good morning. Andrea Iglesias: Hi. Good morning, everyone. Thank you for the opportunity to speak. I'm Andrea Iglesias, CEO (Chief Executive Officer) and Executive Director for Urban Health Partnerships, and I'm here in support of RE. 16. Thank you, Commissioner Carollo, for moving this item forward. Urban Health Partnerships has been working closely with Little Havana residents and partners over the last five years to improve the health of the Little Havana community, and it's through that work that we know that transforming Southwest 5th Street through the play street designation would mean a lot to this community, especially because it would allow families to have a place to be active, healthy, and more connected to one another. Urban Health Partnerships just wanted to be here and express our full support. Thank you. Chair Russell: Thank you. Good morning. Thomas Julin: Good morning, Mr. Chairman, Commissioners, Madam City Attorney, Mr. Mayor, and Mr. Manager. My name is Thomas R. Julin. I'm the Chair of the First Amendment Litigation Group at the Gunster Law Firm at 600 Brickell Avenue, in Miami, Florida. I'm here to speak about FL.2, relating to advertising on communications kiosks. I'm representing a company called First American Telecommunication Corporation, which has, for the last 33 years, provided public pay telephone service in the City of Miami. I learned of this agenda item, and I understand that it is future legislation, that you're not acting on that now, but I wanted to come before you today to try to make sure that there's not any misunderstanding about what the City Commission can do in this regard. Obviously, this piece of legislation may have a significant impact on my client, and I wanted to make very clear that, in short, what you cannot do is to provide an exclusive contract to someone to provide communications kiosks on City rights -of -way that have advertising on them, while at the same time, not allowing my client to upgrade its facilities, which it has been trying to do for quite some time, and to have digital advertising on its kiosks. Those kiosks are there, providing that public pay telephone service, and they handle thousands and thousands of calls, including more than 1,400 9-11 calls. Those calls are there -- those kiosks are there pursuant to Federal law and State law, and the City's own Code allows those kiosks to be there and to -- and allow advertising on those kiosks. So our concern here is that you may be considering a procurement process, which would result in an exclusive contract to a single provider, and that would allow that provider to have digital advertising, but not our client, which has been trying to upgrade, as I said, our facilities for quite some time. That is one thing that cannot be done. Victoria Mendez (City Attorney): Sir, don't worry. Chair Russell: Thank you very much. Ms. Mendez: It is a non-exclusive. It would allow for everybody to participate while following guidelines, so. Mr. Julin: And thank you -- Chair Russell: Thank you. Mr. Julin: -- Madam City Attorney. I very much appreciate that. City of Miami Page 18 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: Thank you. Your time has expired. And I really appreciate that people are watching the future legislation, because that's the reason it's there, so you have a chance to give input, and you don't get surprised by something showing up on our agenda. However, I'd like to ask the Clerk if he could clarify for the public how people can comment or contribute to future legislation during the 60-day period so that we don't have two months of public comment on something we're not taking action on; that's the reason for the future legislation; not to deal with it in the day. I'm allowing it today, because, actually, nobody's ever come to speak on future legislation before, so I'm happy to see it, but I'd rather save it for the day we take the action. And in the meantime, there's a portal you can go to, to send messages to your Commissioners, to the Management, and then the Management has to incorporate those suggestions, questions, concerns, and distribute it to the Commissioners and the departments so that it's better baked by the time it comes to this dais; that's the purpose, rather than having a debate or discussion here today. Mr. Julin: Thank you, Your Honor -- Chairman. And I'd like to just make my letter to the City Attorney a part of the record today. Chair Russell: Please add it to the record. And do we have the process for the public to hear exactly how they can comment on public -- on future legislation? Todd B. Hannon (City Clerk): Yes. The public may submit their comments to futurelegislation -- that's all one word -- @miamigov. com. If they do not want their email address to be a public record, then they may instead contact the City Commissioner or City Attorney by phone or in writing. Chair Russell: Thank you very much. Next speaker, please. Good morning. Alejandro Diaz (As translated by Mariana Campos, Official Spanish Interpreter): Good morning, Commissioners. My name is Alejandro Diaz. I'm a resident of Little Havana. I work at Live Healthy Little Havana in community networking, and I'm here to support the designation of 5th Street as -- in Little Havana as a play street. We've formed a group named Guardians of the Park, and we're committed to help all the residents to improve public spaces, because to recover those spaces is very important for the health of our residents. Thank you very much. Chair Russell: Thank you. Thanks for your comments. Good morning, Truly. Truly Burton: Good morning, Mr. Chairman and City Commissioners. Congratulations first to our newest elected Commissioner. It's a pleasure to see you, Commissioner, and I'm sure you're going to bring your expertise to this board; looking forward to working w ith you. My name is Truly Burton. I represent the Builders Association of South Florida. I'm here to discuss DI 6, and sneak in a little comment about PZ.9. The DI 6 is regarding a proposed new requirement for traffic and environmental studies. I did attend one of the two workshops, and raised our members' concerns, so you'll see that in the packet. It's two pages, single-spaced. We had a lot of comments. And specifically, as some of you probably might know, traffic impact evaluation is complex, especially when the City has not had such a formalized process in the past. What we saw and heard at the workshop is that there are lots of issues, and we know that there's lots of issues to get a program like this up and running smoothly for both the public that's got to submit the applications, as well as for the City that needs to reap those benefits for traffic improvement. In that vein, BASF (Builders Association of South Florida) respectfully suggests that the City establish a concurrency management system, very similar to what the City of Homestead did. The City of Homestead did not have a concurrency management system, and, you know, they were -- excuse me, but a mess. Okay? Once they hired the right consulting firm, whose sole job it was to establish this new process, making recommendations for staff and where -- and especially the integration of traffic within the eBuilder and plan review issues, that really made a difference, so that's what we're here urging. Second, on PZ.9, or on housing affordability, City of Miami Page 19 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 we had a very good in-depth meeting with the Commissioner -- Commissioner Reyes -- yesterday. We added -- there's some additional issues that need to be raised. What really need -- was really needed here is a workshop. We've been asking for a workshop since August. We need to schedule that to discuss all these issues. Thank you so much. Chair Russell: Thank you for your comments. Commissioner Reyes: Excuse me, Mr. Chair. Chair Russell: Commissioner Reyes, you're recognized. Commissioner Reyes: Please. Ms. Burton: Yes, Commissioner. Commissioner Reyes: As we stated yesterday, and what -- during our meeting, and in -- first, when you're talking about the traffic studies and the way -- I believe that it wasn't well explained, and the workshops, they were not done the way they should have been done, you see, because what we need is get your input and the input of the industry, and try to find a solution to a problem that is constantly affecting us, which is -- Ms. Burton: Without question, we understand. Commissioner Reyes: Absolutely. So as we discussed yesterday, we are going to keep on working on it. And also, your suggestions and Melissa's suggestions, they are very well taken. And my office is going to provide the framework for all those workshops that have to be done, and then the recommendation is going to be made to the Administration that -- how that will be implemented and how it -- the -- it won't be the mess that you are very -- Ms. Burton: City of Miami staff had issues. They had issues. Commissioner Reyes: -- that you are referring to, and one of them is we need to hire a traffic engineer, which we don't have one onboard. And referring to the AMI (area median income), 100 AMI [sic] -- Ms. Burton: Yes, sir. Commissioner Reyes: -- also -- Ms. Burton: Yes, sir. Commissioner Reyes: -- as we discussed yesterday, we are going to keep on working on it, and we're going to keep on working into -- looking into alternatives and different combinations that we can use that the intent -- Ms. Burton: Excellent. Thank you very much. Commissioner Reyes: -- of the project -- or the program of inclusionary has in -- of providing affordable housing will be made. And we will provide real affordable housing; not what we've been providing. Ms. Burton: That is our goal, as well. And thank you very much. I've gotten great comfort from your comments. Commissioner Reyes: Sure. Chair Russell: Thank you for your comments. City of Miami Page 20 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Ms. Burton: Thank you, Mr. Chair. Chair Russell: We'll continue discussion of the item on DI 6. Ms. Burton: Thank you. Chair Russell: Thank you very much. Good morning. Damian Pardo: Good morning, Commissioners, Mayor, and City Manager. My name is Damian Pardo. I'm a founder of SAVE and the Gay Ultra Festival. I would like to commend the Commission on recommending the formation of an LGBTQ Advisory Board; more specifically, Commissioner Carollo for introducing it, and Mayor Suarez and Chairman Russell for sponsoring it. We have seen what happens when the gay community helps open areas like Little Havana, and they bring the concept of diversity and inclusion. We all do better. Business does better, and we all feel better, because there's something amazing about working together beyond our differences. LGBTQ people are part of every single group in Miami, so who better to bring us together? Having an LGBT -- a diverse LGBTQ Advisory Board is a great step forward for the City. It keeps people informed and connected to the LGBTQ community, as well as the challenges and opportunities faced by LGBTQ people in the City of Miami; important issues, like homelessness, where LGBTQ youth is disproportionately represented; or healthcare, where new HIV transmission rates are the largest in South Florida than in the entire country. And in fact, many people don't know, but Little Havana has a very large population of Trans women who choose to live and work there. Just important issues, like discrimination and hate, where maintaining basic protections for LGBTQ people is a challenge, because there are religious freedom bills choosing to make that completely acceptable in society. Once again, these are major challenges for the LGBTQ community. Creating this advisory board sends a clear message to LGBTQ people in the City of Miami -- especially our youth -- that they and their issues are wanted and respected in the City of Miami. Thank you very much. Chair Russell: Thank you for your comments. Good morning, Mr. Prieguez. Manuel Prieguez: Good morning, Commissioners. Manny Prieguez, 4000 Malaga Avenue, Miami, Florida 33133. I'm here to speak in support of FR.2, sponsored by Commissioner Reyes. It's a good piece of legislation that aims to close a loophole -- a potential loophole that was existing in the solid waste community by -- they were kind of playing with the language in the Code, and not abiding by it. We're closing that loophole so that only franchised companies, no matter what, can operate and work in the City of Miami, so we encourage that. It's a -- it should be a non -controversial item. Also, I believe Commissioner Reyes is going to present a floor amendment later today, and we are also in support of that floor amendment. It's on behalf of the waste brokers. It just codifies that these are companies that work, exist, and help put and represent customers so that they can get the best deals from waste management companies, and I ask you, please, to support that floor amendment. And I'll be here for the rest of the day in case there are any questions. Thank you very, very much. Chair Russell: Commissioner Hardemon, you're recognized. Mr. Prieguez: Are you going to throw me a curve ball? Commissioner Hardemon: I want you to say that last line again about how the individuals get the best price from the waste haulers. Say that part again. Mr. Prieguez: Yeah. As a matter of fact, what -- part of the responsibilities that waste brokers have is that they go out into the marketplace and they try to seek the best deals for their clients, for the property owners that they're representing, and it's an important component of the job that they do. City of Miami Page 21 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Hardemon: Thank you, counselor. Mr. Prieguez: You're very welcome. Chair Russell: Thank you for your comments. Good morning. "Buenos dias. " Wilson Paez (As translated by Mariana Campos, Official Spanish Interpreter): Good morning. My name is Wilson Paez. I came in representation of the people of Little Havana. I belong to the Guardians of the Park, and about the Resolution RS.16 [sic]. I'm thankful for being here with you, because I've enjoyed participating in the events that have gone. We're making union between all the habitants of -- we feel at ease; that's why I want 5th Street to be a space of recreation and with the events that we can do within the community. Thank you for your attention. Thank you. Chair Russell: Thank you for your comments. "Gracias. " Good morning. Brenda Betancourt: Good morning. Brenda Betancourt. Merry Christmas for all of you guys, and happy New Year, since I may not be seeing you. Commissioner Diaz de la Portilla: Merry Christmas. Ms. Betancourt: I have a question for Resolution RE.17, especially for the Mayor. We were in the impression of this resolution was going to be to help seniors, but we were in the impression it was going to be for seniors who owned property. And now we hear that it's going to be for seniors who are actually just renting a property. And this is a question that we've been hearing a lot. This is a million dollars from our taxpayers, which are owners mostly; even though renters, it's true, they pay for taxes. But everything is just for low- income renters. And we would like to know if -- what is the possibility for the City to support those seniors who own property and they are about to lose their properties and now become part of the renters, low-income members that we have in the City of Miami. Thank you. Chair Russell: Thank you for your comment, and I would like you to look into the bond allocation at the first tranche; $4 million for single-family home renovation assistance for exactly that purpose; but gladly to discuss new programs that can help, because ownership, truly -- this board believes, as well -- is an initiative. Thank you very much. Ms. Betancourt: Yeah. Just it's -- you know, renovation is not the same as helping people to pay for their high taxes that they're receiving due to the changes -- Chair Russell: Understood. Ms. Betancourt: -- or to insurance, which is not going down. So -- Chair Russell: Thank you. Thank you for your comments. Ms. Betancourt: -- that's what thought that the million dollars was for. Chair Russell: Understood. Thank you. Good morning. Raissa Fernandez: Good morning, Commission. My name is Raissa Fernandez. I'm here as a resident and Chair of Live Healthy Little Havana. And I want to thank you, and hope you support this Resolution RE.16, on behalf of our community. Many of our residents were not able to make it this morning due to work schedules, transportation, and the weather, but many support the designation of this play street, because it brings two sides of one park together to activate it and be -- and so we can use it as an area of open space and of events that the community really in desperate needs. So I ask you all again to please support this, and I thank you for my time. City of Miami Page 22 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: Thank you very much. Is there anyone here who would like to comment publicly on any of the morning's agenda? Seeing none, I'll close public comment, and thank you again for your advocacy and your time. We will now take up the legislative items of the day, starting with the consent agenda. CA.3 has been continued, so is there a motion for CA.1 through CA.9, except for CA.3? Commissioner Carollo: Chairman, before -- Chair Russell: Commissioner Carollo, you're recognized. Commissioner Carollo: -- we go into that, if I could just take a minute or two on the people that were here on Little Havana and the street closure. It is indeed refreshing to have seen so many individuals and organizations come here today representing Little Havana to speak for something that will benefit that community tremendously. Little Havana is a poor community, like most in our City of Miami, but it is a very rich community of people that are very family -oriented, that care about our City, but also need activities for their kids to keep them from all the temptations and dangers that we have in so many of our neighborhoods throughout the City. This is why it is so important to give additional land where organizations can have activities for the people of our community; in this case, it's Little Havana. And I would hope that this Commission would support this item today. Thank you. Chair Russell: Thank you very much, Commissioner. If you -- are they still here? If you'd like, we could take it out of order. Commissioner Carollo: Well, we could take it in normal order. Chair Russell: Okay. Commissioner Carollo: That's fine. MV - MAYORAL VETO(ES) NO MAYORAL VETOES Chair Russell: Mr. Clerk, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. END OF MAYORAL VETO(ES) City of Miami Page 23 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 PA - PERSONAL APPEARANCE PA.1 PERSONAL APPEARANCE 6750 A PERSONAL APPEARANCE REGARDING THE OCEAN CONSERVANCY PARTNERSHIP. RESULT: PRESENTED Chair Russell: All right. So out of respect to time of those who are here to speak to us before we open full public comment, I would like to take the personal appearance of the Ocean Conservancy, and I believe we have PA.3 here today, as well; is that correct? Is that --? All right. So we'll start with PA.1. Commissioner Carollo: Just one other little item before we begin; if we could all give a welcome, at least for today -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- to Senator Alex Diaz de la Portilla. (Applause) Chair Russell: Who just cast his first legislative action in the City of Miami, the order of the day. Thank you very much. And welcome. Congratulations. Commissioner Diaz de la Portilla: Thank you. Chair Russell: Good morning, Jane. Jane Gilbert: Good morning, Commission. Welcome, Commissioner Diaz de la Portilla. My name's Jane Gilbert, Chief Resilience Officer for the City of Miami; very excited to introduce the Executive Vice President of Ocean Conservancy, Emily Woglom. Ocean Conservancy is an international non-profit committed to the health of our oceans, who has been working in the State of Florida for over 30 years. And a little over a year ago, they came out with a report, a statewide report on the state of our oceans and waterways and a vision for its future, and a little under a year ago, sat down with the City Manager and myself with both a challenge and an opportunity. The challenge was for us to do more. We know that to improve the health of our rivers, canals, Biscayne Bay, oceans, it's going to take all hands on deck; it's going to take all levels of government, business, non-profit partners, university partners, individuals to make it happen. So they challenged us; gave us key areas and research that we needed to take a look at. We came up with a series of initiatives, which we've outlined in a facts sheet we're happy to share with each of you, and they stepped up to help us move them forward, related to education, related to reducing marine debris, or ocean trash, to improving our water quality, to reducing carbon pollution, and protecting our marine wildlife. So with that, I would like to invite up Emily Woglom. (Applause) Emily Woglom: Good morning, and thank you, Jane. I am Emily Woglom. I'm the Executive Vice President at Ocean Conservancy, and I want to thank Mayor Suarez, City of Miami Page 24 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 City Manager Gonzalez, and I want to thank Chairman Russell and the entire Commission for the City of Miami for your incredible leadership on this issue, and for hosting us today. We're so pleased to be here announcing Miami as the first ever partner in our Shores Forward Initiative. It's a critical moment for our ocean, for Florida's environment, and it's just been phenomenal to see Miami stepping forward as a trailblazer for ocean health. Through our partnership with Miami under the Shores Forward Initiative, we are really excited to be advancing a true legacy here in Miami, and today's announcement is just the beginning of this work; it's not the conclusion. In the corning months, the work under this partnership, as Jane outlined, will include work on habitat restoration. We'll be working with the City to assess and address plastic pollution in the City, which we know eventually becomes plastic pollution in the ocean. We'll be working with our local partner, Dream in Green, to promote environmental education in the City schools, and working to move towards a more renewable energy future by supporting incentives for solar energy, and improvements in infrastructure for electric car charging. This is a really exciting initiative. And I just want to add a personal note. I've been personally a part of putting together partnerships like this announcement and commitments like this before. And too often, people just put together a list of everything they were already planning on doing, and announce that as if it's something new, but really impressed with the work that we've done with the City and their respond [sic] to our challenge to put together some new exciting steps forward that really are new actions and new commitments, so I want to thank you all for your work on that. This is a critical moment where the ocean is at a tipping point, particularly here in Florida. But what we know is that so many people in this State and this city depend on and enjoy the water, and as a result, we know we have a tremendous base of support for the work we want to do with you all in supporting bettering these treasures. So on behalf of Ocean Conservancy, I'm really proud to enter into the Shores Forward partnership with Miami. Now is the time for us to be leaning forward and showing leadership on our shores, and we thank you all for helping us do that. Thank you. (Applause) Chair Russell: Thank you. Does that conclude the presentation? Thank you very much. PA.2 PERSONAL APPEARANCE 6690 A PERSONAL APPEARANCE BY RODNEY BARRETO REGARDING AN UPDATE ON THE SUPER BOWL. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: Item PA.2 was continued to the January 9, 2020, Regular Commission Meeting. Note for the Record: For minutes referencing Item PA.2, please see "Order of the Day." City of Miami Page 25 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 PA.3 PERSONAL APPEARANCE 6927 A PERSONAL APPEARANCE REGARDING THE CITY OF MIAMI BLACK POLICE PRECINCT AND COURTHOUSE MUSEUM. RESULT: PRESENTED Chair Russell: Now we have PA.3, personal appearance by Terrance Cribbs- Lorrant, please. Is five minutes sufficient? Terrance Cribbs-Lorrant: Yes, five minutes is sufficient. Chair Russell: Thank you very much. Mr. Cribbs-Lorrant: Thank you to the entire dais. To our Chairman, thank you very much. I wanted to use this time to thank the board, as well as the Historical Environmental Preservation Board, Dr. Hopper, as well as Sandy, who are not present here, but I know they will get a chance to hear this. I stand here as the Executive Director of the Black Police Precinct and Courthouse Museum, located in what is now renamed or called the Culture and Entertainment District, right in Overtown, Florida. I'm joined with the board -- members of the board; if they would stand. Every individual that is standing, including the one that's taking the picture, Stephanie van Vark, all of those individuals are volunteers. I know of no other institution in any other district where you are open from 10 a.m. to 5 p.m. -- or 4 p.m., and you have zero paid staff zero paid staff. We serve the community, and we serve the community with history. Thank you, board. Thank you. The reason why this was very important for us, because I wanted you all to hear directly from myself, who is also a volunteer, who continued to volunteer even after August 30, when our IMLS (Institute of Museum and Library Services) grant ended. We were very fortunate enough to receive a IMLS grant from the work of Xavier Vega, who once worked at the CRA, Community Redevelopment Agency, underneath Clarence Woods. That grant allowed the museum to hire an actual Executive Director to establish what is called a strategic plan, and put into place some practices. What that grant did not cover and what we, as a volunteer board, have been able to accomplish is the first historical marker ever to exist in Overtown as a result of this board. Not only were they able to accomplish that; they have now, as of November 7 -- thank you to the board for also supporting that recommendation; in particular, our Chairman, who second that -- a national registry. So now, there will be an opportunity to not only gain national recognition, but also some tax breaks for the City, and we like that. But also, we want to bring to the attention of the board the need for your continual support. This is the City of Miami Black Police Precinct and Courthouse Museum, and it is the only one in the nation, for we have the stories of those we name, and I continue to repeat, and their names, Dr. Iris Davis, Captain Scott, and Father Culmer, who were spear -headers in that movement. We also support the need for Clyde Lee, Kimball Hall, Ralph White, Moody Hall, and James Milledge, who were those first five. We continue to stand on the shoulders of people like H.T. Smith, who continued to valiantly fight for this museum. It is very important and vital that we preserve the history of Miami. People come from all across the world to hear the story of the Black Police Precinct, and how those five men had to serve undercover; could not be disclosed to anyone while they were serving. We heard just last month one of our very own Commissioners' uncle -- we know him in the community as "Shorty" -- but how important it was for him to be a police officer. He, in fact, started what we know as the toy drive that is now, but history helps us to remember that. If -- without history, that information would be lost. So I encourage the board to continue to find ways to support this team, whether City of Miami Page 26 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 it be myself in this position or anyone else. It deserves to be preserved as a part of Miami's history. Finally, in closing, this did not come without some many, many challenges; one of which, discovered on February 19, 2019, when one of our very own City of Miami Community Redevelopment Agency Executive Directors chose to use very vulgar terms in directing his address to me, calling me an "N" word, "the nigger." This did not finalize the conversation, and it was never discussed any longer until today. I waited till today, because I wanted to make sure I didn't take away from the historical designation and the historical responsibility of this museum. Thank you, board. I appreciate your work, and continue to look forward to corning to you. Thank you. Commissioner Hardemon: Terrance -- (Applause) Chair Russell: Thank you for your comments. Commissioner Hardemon, you -- please hold your applause in the chambers. Commissioner Hardemon, you're recognized. Commissioner Hardemon: -- I have a question for you. Mr. Cribbs-Lorrant: Yes, sir. Commissioner Hardemon: I read an article that was written in the Miami Times, and it described what you just last put on the record. And, you know, I've obviously read the reports that were generated from the CRA's in-house attorney. The reports -- just personally speaking from my perspective -- they -- for lack of better words, they could have been more descriptive or better organized; could have been better questions to really bring out the essence of what was happening at that time. But what -- when I read the article, what -- the first thing that I thought about, because people see -- I mean sue the CRA. It happens, right? And as I understand, you initiated a lawsuit against the -- well, you may better describe your -- the people who you sued, but I assume that one of them was the CRA. Mr. Cribbs-Lorrant: No. Commissioner Hardemon: Now -- you said, "no"? Mr. Cribbs-Lorrant: No, no. Commissioner Hardemon: Okay. Mr. Cribbs-Lorrant: I went to the EEOC (Equal Employment Opportunity Commission); that was the step. So I chose -- Commissioner Hardemon: No, wait; I just want to hear this. Mr. Cribbs-Lorrant: Yeah. Commissioner Hardemon: I want to hear this. So one of the things that I read in the article -- and I'm not sure if it's true or not -- was that there was a countersuit from the CRA. That's what I read in the article. Now, this may be incorrect, because someone reported this, but I want to make sure of the facts of this. Was there a countersuit filed from the CRA? Victoria Mendez (City Attorney): Commissioner, can we brief you on that later? City of Miami Page 27 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Hardemon: No. My first question is, was there a countersuit? Ms. Mendez: No countersuit, no. Commissioner Hardemon: Okay, no countersuit. All right. So that establishes my thing, because the problem that I had for the board was that I wanted to be clear. When I read in the paper that we had a countersuit against someone who is working in our community, I know that I didn't make a decision to countersue anyone, and neither did the board make a decision to countersue anyone. And I wanted to be clear and assured that we reserved the right as the Executive Direct -- I mean, as the board of the CRA -- to determine who we sue in all of our endeavors, and that -- Ms. Mendez: Always. Commissioner Hardemon: -- no one else -- Ms. Mendez: Always. Commissioner Hardemon: -- makes those decisions for us. Okay? So that's all. Mr. Cribbs-Lorrant: So in order to assist the museum, I took the lead by the board and took no legal action, because I wanted to ensure -- so I'm not sure where that conversation -- if it's part of another conversation that has nothing to do with the museum. Commissioner Hardemon: No. It was a -- I just read an article that was in the Miami Times, and it mentioned -- it literally said, "countersuit. " Mr. Cribbs-Lorrant: Okay. Commissioner Hardemon: And so, you know, when I hear, "countersuit," a legal action by a board, I would think that the board had to initiate that countersuit, and I didn't see that happening on our board, so I was confused at that point. And so, this is something I just read, and I wanted to be clear, because I want -- you know, I don't want it to be -- because you know how it is sometimes. People read things in the paper, and they assume that it is true. And so, I wanted to ask that question, you know, under the lights so that people know that we did not make a decision to countersue anyone. And now, I feel even better that there has not been a countersuit filed. But you understand our commitment to Historic Overtown. You understand our commitment to making this a space that the residents love to live in, and that people love to visit. Mr. Cribbs-Lorrant: Mm-hmm. Commissioner Hardemon: And we in the CRA, the board, with all the support from this Commission and this board, has invested tremendous dollars in historic resources in the neighborhood to ensure that people have an opportunity to come visit. You know, the only beef I have with the Black Historic Police Precinct and Courthouse was that I -- you know, as a lawyer, I feel like it was most notably the first colored courthouse, and then police precinct. But the -- my mother being a police officer, I kind of let that one go. And so, you know, we stand fast in continuing to support the efforts that you all have, and I'm sure we can come up with something that makes sense in order for that resource to remain open. It's a jewel. It's just off the beaten path, and I think that's what makes it a little bit difficult for people to find, but, however, it is something that everyone should see and everyone should visit. And I was proud most recently when there was a meeting that was held City of Miami Page 28 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 there. I think it was some sort of -- it was an awards dedication, and I'm trying to remember to who, because it was a bus that was being dedicated -- Mr. Cribbs-Lorrant: Yeah; Judge Johnson. Commissioner Hardemon: -- to Judge Johnson. Mr. Cribbs-Lorrant: So the Kozak (phonetic) group, along with Hertz, have now put in place -- we'll have an actual bus of Judge Johnson, who is the uncle of Dr. Fields, one of our very own current historians. Commissioner Hardemon: He's also a member of Alpha Phi Fraternity (UNINTELLIGIBLE). Mr. Cribbs-Lorrant: He is also a member of the (UNINTELLIGIBLE). Commissioner Hardemon: He's a former Judge, and he actually resided in that courthouse. Mr. Cribbs-Lorrant: Right. Commissioner Hardemon: So it's incredible to see that these are living, breathing -- he's no longer with us, but people that many of us have met that have served in that courthouse in an official capacity. And so, to see all of the judges and the lawyers, those -- when we ask, "Whoever been here before, or who have never been here before?" They raised their hand. I mean, it was a tremendous amount of people. And so, I thank you for all of your work, and you should know that we'll be by your side. Mr. Cribbs-Lorrant: I appreciate it. Thankyou. Chair Russell: Thank you very much. Mr. Cribbs-Lorrant: Thankyou, Chair. Chair Russell: That closes PA. 3. END OF PERSONAL APPEARANCE City of Miami Page 29 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 CA.1 6730 Office of the City Attorney CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY DAIMY BUENO, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RAMON BUENO, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00), IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN THE CASE OF DAIMY BUENO, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RAMON BUENO VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 19-17784 CA 05, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE DEFENDANT WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-19-0490 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.1, please see "Public Comment Period for Regular Items" and "End of Consent Agenda." City of Miami Page 30 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 CA.2 6788 Department of Finance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CONSENTING TO, ACCEPTING, AND APPROVING THE ASSIGNMENT BY WELLS FARGO BANK, N.A. ("WELLS FARGO" AND "ASSIGNOR") TO ITS CURRENT SUBCONTRACTOR REMITCO LLC ("REMITCO" AND "PROVIDER/ASSIGNEE") FOR PROCESSING REMITTANCES UNDER THE RETAIL IMAGE LOCKBOX SERVICE AGREEMENT ("LOCKBOX AGREEMENT") BETWEEN THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA ("CITY" AND "CUSTOMER"), AND WELLS FARGO; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONSENT TO ASSIGNMENT AND ASSUMPTION OF THE LOCKBOX AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO INCORPORATE REMTICO AS THE NEW COMPANY TO PROVIDE CONTINUING RETAIL IMAGE LOCKBOX SERVICE ("SERVICE(S)") TO THE CITY UNDER THE LOCKBOX AGREEMENT PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED ("CITY CODE") AS AUTHORIZED BY CITY COMMISSION RESOLUTION NO. R-07- 0648, ADOPTED NOVEMBER 9, 2007, FOR MONTH -TO -MONTH SERVICES ON A PER ITEM SCHEDULE BASIS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, WAIVERS OF NOTICE(S), AND MODIFICATIONS TO THE LOCKBOX AGREEMENT, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL(S) HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0491 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.2, please see "Public Comment Period for Regular Items" and "End of Consent Agenda." City of Miami Page 31 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 CA.3 RESOLUTION I'Odd fro Co 6872 MAY BE WITHDRAWN Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE CITY MANAGER'S RESERVE FUND, IN A TOTAL AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00), TO KRISTI HOUSE, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR FINANCIAL ASSISTANCE IN PROVIDING TREATMENT, ADVOCACY, AND COORDINATION OF SERVICES FOR CHILDREN THAT ARE VICTIMS OF SEXUAL ABUSE AND HUMAN TRAFFICKING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: Item CA.3 was continued to the January 9, 2020, Regular Commission Meeting. Note for the Record: For minutes referencing Item CA.3, please see "Public Comment Period for Regular Items" and "Order of the Day." City of Miami Page 32 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 CA.4 RESOLUTION 6713 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 THE REGENERATIVE MEDICINE FOUNDATION AND THE CITY OF MIAMI ("CITY") TO PROVIDE FUNDING FOR THE 2020 ADVANCED THERAPIES WEEK, WHICH IS DESIGNED TO ESTABLISH THE CITY AS A BUSINESS DESTINATION FOR THE BIOPHARMA, BIO-MEDICAL, AND ADVANCE THERAPIES COMMUNITY AND PROVIDE EDUCATION TO BIOTECH BUSINESS OWNERS IN THE CITY FOR BIOTECHNOLOGY RESEARCH DEVELOPMENT, COMMERCIALIZATION, AND HEALTH CARE INTEGRATION AT TOTAL COST OF EIGHTY THOUSAND DOLLARS ($80,000.00) IN THE FORM OF ONE PAYMENT OF THIRTY THOUSAND ($30,000.00) FROM THE CITY'S 2019-2020 FISCAL YEAR BUDGET AND FIFTY THOUSAND ($50,000.00) OF IN -KIND BENEFITS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS OF CITY SPONSORSHIP FUNDING, SUBJECT TO AVAILABLE FUNDS AND BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE FUNDING ALLOCATION AND APPROPRIATION. ENACTMENT NUMBER: R-19-0492 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.4, please see "Public Comment Period for Regular Items" and "End of Consent Agenda." City of Miami Page 33 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 CA.5 RESOLUTION 6780 Department of Parks and Recreation CA.6 6709 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE A GRANT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000.00) FROM THE STATE OF FLORIDA'S DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") ADMINISTERING FEDERAL FUNDS FROM THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION'S RECREATIONAL TRAILS PROGRAM TO THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF PARKS AND RECREATION ("DEPARTMENT"); FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE AND APPROPRIATE A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED SEVENTEEN THOUSAND SEVEN HUNDRED THIRTY DOLLARS ($317,730.00) ("CITY MATCH") FROM LEGALLY AVAILABLE FUNDING SOURCES FOR THE MARINE STADIUM BASIN TRAIL AT VIRGINIA KEY PHASE TWO PROJECT, OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B17354 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AWARD AGREEMENT ("GRANT AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS TO THE GRANT AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR COMPLIANCE WITH THE GRANT AGREEMENT AND TO IMPLEMENT THE PROJECT. ENACTMENT NUMBER: R-19-0493 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.5, please see "Public Comment Period for Regular Items," "Order of the Day," and "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $150,156.93, FOR A ONE (1) YEAR PERIOD, TO THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COUNTY COURT STANDBY PROGRAM; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT NO. 00001.191501.534000.0000.00000 ENACTMENT NUMBER: R-19-0494 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.6, please see "Public Comment Period for Regular Items" and "End of Consent Agenda." City of Miami Page 34 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 CA.7 6735 Department of Police CA.8 6736 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "FY 2020 SPEED/AGGRESSIVE DRIVING ENFORCEMENT SATURATION PATROL PROJECT"; AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") IN THE AMOUNT OF $185,000.00, WITH NO CITY OF MIAMI MATCH REQUIRED, AND APPROPRIATE SAID FUNDS TO THE MIAMI POLICE DEPARTMENT ("MPD") FOR SPEED/AGGRESSIVE DRIVING DETERRENCE EDUCATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FDOT; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR ANY OTHER DESIGNEE TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. ENACTMENT NUMBER: R-19-0495 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.7, please see "Public Comment Period for Regular Items" and "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "FY 2020 MOTORCYCLE SAFETY INITIATIVE OVERTIME PATROL PROJECT"; APPROPRIATING FUNDS CONSISTING OF A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE MIAMI POLICE DEPARTMENT IN THE AMOUNT OF $50,000.00, WITH NO MATCHING FUNDS REQUIRED, TO PROVIDE FUNDING FOR HIGHWAY SAFETY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FDOT; AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR ANY OTHER DESIGNEE TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACCEPTANCE OF REIMBURSEMENT FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0496 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.8, please see "Public Comment Period for Regular Items" and "End of Consent Agenda." City of Miami Page 35 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 CA.9 RESOLUTION 6814 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 18-113 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE ACCESSING OF VARIOUS CONTRACTS VIA EXISTING FEDERAL GENERAL SERVICES ADMINISTRATION ("GSA") COOPERATIVE PURCHASING PROGRAMS FOR THE PROCUREMENT OF GOODS AND SERVICES, SUBJECT TO ANY RENEWALS, EXTENSIONS, OR REPLACEMENT CONTRACTS ENACTED BY THE FEDERAL GSA, TO BE UTILIZED CITYWIDE, ON AN AS - NEEDED, CONTRACTUAL BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH ALL 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, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0497 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.9, please see "Public Comment Period for Regular Items" and "End of Consent Agenda." END OF CONSENT AGENDA Chair Russell: All right. Consent Agenda. Is there a motion on CAs.1, 2, 4, 5, 6, 7, 8, and 9? Commissioner Diaz de la Portilla: So moved. Chair Russell: It's been moved -- Commissioner Reyes: Second. Commissioner Carollo: Who moved it? Chair Russell: -- by -- Commissioner Diaz de la Portilla: I did. Chair Russell: -- Commissioner Diaz de la Portilla. I'm going to have to say -- Commissioner Carollo: Is this -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) before you did, Commissioner. City of Miami Page 36 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: -- the first time that you've moved a motion? Commissioner Diaz de la Portilla: Here in the City Hall, yes. Commissioner Carollo: Well, that's what I meant. I would hope it's here at City Hall. This is a historic moment. Commissioner Diaz de la Portilla: Historic moment, yeah. Commissioner Carollo: I just wanted to point that out. Commissioner Diaz de la Portilla: Thank you, Commissioner. Commissioner Carollo: That's good. Chair Russell: He also voted on the order of the day. Commissioner Carollo: Yeah, but he didn't make the motion on that. Chair Russell: Moved by Commissioner Diaz de la Portilla; seconded by Commissioner Reyes, I believe. Commissioner Reyes: Yes. Chair Russell: All right. That's CAs.l, 2, 4, 5, 6, 7, 8, 9. Is there any further comment from the dais? Being none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. And just as a comment, the Marine Stadium Basin Trail at Virginia Key could be an excellent project, and I would like to direct the Management to make sure that as they receive these funds and design that trail, it ties into the Marine Stadium, ties into the marina, and ties into Rusty Pelican, so we have our version of the bay walk at Virginia Key, and someone can easily jog or walk all the way from Rusty Pelican around the entire historic basin. Commissioner Carollo: Which item is this? Chair Russell: That was CA.5 that we just passed -- Commissioner Diaz de la Portilla: CA.5, yeah. Chair Russell: -- receiving funds for the Marine Stadium Basin Trail. City of Miami Page 37 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 PH - PUBLIC HEARINGS PH.1 RESOLUTION 6810 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM HOME INVESTMENT PARTNERSHIP ("HOME") PROGRAM FUNDS GENERATED FROM JULY 1, 2019 TO SEPTEMBER 30, 2019, IN THE AMOUNT OF $178,517.09, TO THE CATEGORIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0498 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Chair Russell: All right. Moving on to the PH (Public Hearing) Agenda. We have deferred Item PH.9. We have a couple of four -fifths, which are PH. 6 and PH.7. Is there a motion for the remainder of the items, PHs.1, 2, 3, 4, 5, 6, 7, and 8? Commissioner Reyes: Move it. Chair Russell: It's been moved by Commissioner Reyes. Commissioner Carollo: Second. Chair Russell: Seconded by Commissioner Carollo. Commissioner Carollo: And if you could put me down as a sponsor, also, of PH 7. Chair Russell: PH.7, the Water Quality Monitoring Program. Commissioner Reyes: I would like to co-sponsor that, too. Chair Russell: Thank you very much. We have co-sponsor -- it's been noted by the Clerk -- Commissioner Reyes and Commissioner Carollo. Commissioner Diaz de la Portilla: And me, also, please. Commissioner Reyes: And Commissioner Diaz de la Portilla. Chair Russell: And Commissioner Diaz de la Portilla. Clearly, water quality is normally a County issue, but we recognize that we need to step above and beyond. And with Waterkeeper as a partner, we can go above and beyond the actual monitoring levels that are taken at the County, so we can better identify the source of the fecal contamination. Is there any further comments on PH.1, 2, 3, 4, 5, 6, 7, and 8? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 38 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: Any opposed? Motion passes. Thank you very much. PH.2 RESOLUTION 6811 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS GENERATED FROM JULY 1, 2019 TO SEPTEMBER 30, 2019, IN THE AMOUNT OF $181,736.26, TO THE CATEGORIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0499 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item PH.2, please see Item PH.1. PH.3 RESOLUTION 6812 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $544,845.98 TO THE CATEGORIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0500 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item PH.3, please see Item PH.1. City of Miami Page 39 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 PH.4 RESOLUTION 6813 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $1,476,329.59 FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO THE AGENCIES AND DEPARTMENTS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0501 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item PH.4, please see Item PH.1. City of Miami Page 40 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 PH.5 RESOLUTION 6501 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AGREEMENTS, INCLUDING BUT NOT LIMITED TO LEASES, PURCHASE AND SALE AGREEMENTS, AND/OR MANAGEMENT AGREEMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, WITH BHP COMMUNITY LAND TRUST, INC. D/B/A SOUTH FLORIDA COMMUNITY LAND TRUST, A STATE OF FLORIDA NOT FOR PROFIT CORPORATION ("SFCLT"), FOR THE DEVELOPMENT OF CERTAIN CITY OF MIAMI ("CITY") OWNED PARCELS OF LAND LOCATED APPROXIMATELY AT 6200 NORTHWEST 17TH AVENUE AND 6201 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTIES"), AS AFFORDABLE/WORKFORCE RENTAL AND HOMEOWNERSHIP HOUSING, INCLUDING THE SALE OR LEASE OF SUCH PARCELS WITH AFFORDABLE/WORKFORCE HOUSING RESTRICTIONS AND REVERTER PROVISIONS, IF APPLICABLE, ALL IN ACCORDANCE WITH SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), WHICH MAY BE IN THE FORM OF A GROUND LEASE FOR UP TO A FIFTY-FIVE (55) YEAR INITIAL TERM WITH TWO (2) OPTIONS TO RENEW FOR TERMS OF UP TO TEN (10) YEARS EACH, A TRANSFER OF THE FEE TITLE TO THE PROPERTIES, OR A COMBINATION OF THE FOREGOING, EACH IN ACCORDANCE WITH SECTION 29-B(A) OF THE CITY CHARTER AND ALL SUBJECT TO THE RECEIPT OF THE OPINION OF BOND COUNSEL THAT THE EXECUTION OF SUCH AGREEMENTS AND THE TRANSFER OF THE PROPERTIES AS DESCRIBED SUCH AGREEMENTS WILL NOT, BY ITSELF, AFFECT THE EXCLUSION FROM GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES OF INTEREST ON THE BONDS SUCH AGREEMENTS MAY PROVIDE FOR THE TRANSFER BY SFCLT OF ITS INTEREST IN THE PROPERTIES TO ANOTHER ENTITY, SUCH AS A LIMITED OR GENERAL PARTNERSHIP OR LIMITED LIABILITY COMPANY, PROVIDED SFCLT RETAINS A MAJORITY INTEREST IN THE PARTNERSHIP, GENERAL PARTNER, OR MEMBER MANAGER, AS APPLICABLE; FURTHER PROVIDING THAT WITH RESPECT TO THE HOMEOWNERSHIP PORTION OF THE PLANNED DEVELOPMENT, SFCLT MAY ENTER INTO A GROUND LEASE OR SUB -GROUND LEASE WITH A CONDOMINIUM ASSOCIATION OR ANOTHER ENTITY AS MAY BE OTHERWISE PROVIDED IN THE AGREEMENT(S) TO FACILITATE HOMEOWNERSHIP; FURTHER PROVIDING THAT REGARDLESS OF THE FORM OF THE TRANSFER MECHANISM OF THE PROPERTIES TO SFCLT, ALL SUCH AGREEMENTS SHALL PROVIDE FOR THE CONTINUED RESTRICTION ON THE USE OF THE PROPERTIES FOR AFFORDABLE/WORKFORCE RENTAL AND HOMEOWNERSHIP HOUSING CONSISTENT WITH SECTION 29-B(A) OF THE CITY CHARTER AND THIS RESOLUTION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR SAID PURPOSE AND IN COMPLIANCE WITH THE REQUIREMENTS UNDER THE UNITED STATES INTERNAL City of Miami Page 41 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 PH.6 6764 Department of Fire - Rescue REVENUE CODE OF 1986, AS AMENDED, AS NECESSARY TO PRESERVE THE FEDERAL INCOME TAX STATUS OF THE INTEREST ON THE CITY'S BONDS REFERENCED HEREIN. ENACTMENT NUMBER: R-19-0502 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item PH.5, please see Item PH.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS EXHIBIT "A," WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND AUTHORIZING THE PURCHASE OF THE EZ-IO INTRAOSSEOUS VASCULAR ACCESS SYSTEM AND ITS ACCESSORIES ("EZ-IO"), AND THE RUSCH AIRTRAQ SYSTEM AND ITS ACCESSORIES ("AIRTRAQ"), FROM TELEFLEX LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("TELEFLEX"), FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF FIRE -RESCUE ("FIRE -RESCUE"), ON AN AS NEEDED BASIS, FOR A PERIOD OF ONE (1) YEAR, RENEWABLE ANNUALLY, SUBJECT TO AN ANNUAL SOLE SOURCE FINDING BY THE CITY'S CHIEF PROCUREMENT OFFICER ("CPO") AND APPROVAL BY THE CITY MANAGER; ALLOCATING FUNDS FROM FIRE -RESCUE'S VAROUS SOURCES OF FUNDS; WITH FUTURE PURCHASES TO BE ALLOCATED FROM THE VARIOUS SOURCES OF FUNDS FROM FIRE -RESCUE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0503 City of Miami Page 42 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item PH.6, please see Item PH.1. PH.7 RESOLUTION 6763 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), TO ESTABLISH A FECAL INDICATOR BACTERIA MONITORING PROGRAM ("PROGRAM") WITH BISCAYNE BAY WATERKEEPER, INC. D/B/A MIAMI WATERKEEPER, A FLORIDA NOT FOR PROFIT CORPORATION ("MIAMI WATERKEEPER"), TO ENSURE BISCAYNE BAY AND THE MIAMI RIVER MEET FEDERAL, STATE, AND LOCAL STANDARDS FOR RECREATIONAL USE, FOR SUPPORT OF HEALTHY FISH POPULATIONS, FOR THE PINPOINTING OF SOURCES OF CONTAMINATION, AND FOR ASSISTANCE IN ELIMINATING SOURCES OF POLLUTION FOR THE CITY'S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("PUBLIC WORKS") AT A TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) FOR FISCAL YEAR 2019-2020; ALLOCATING FUNDS FROM ACCOUNT NO. 13000.201000.534000 AND OTHER SUCH FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MIAMI WATERKEEPER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0505 City of Miami Page 43 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item PH.7, please see "Order of the Day," "Public Comment Period for Regular Items," and Item PH.1. PH.8 RESOLUTION 6776 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "LIFE SCIENCE TECHNOLOGY PARK," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN ATTACHMENT "1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION THEREOF IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-19-0504 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item PH.8, please see Item PH.1. City of Miami Page 44 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 PH.9 RESOLUTION 6505 Commissioners and Mayor A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, 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 NEGOTIATE AND EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ILLUMINATION TECHNOLOGIES, AND WITH BONDING AND INSURANCE APPROVED BY THE CITY'S RISK MANAGER, FOR SAID PURPOSE; 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: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: Item PH.9 was deferred to the February 13, 2020, Regular Commission Meeting. Note for the Record: For minutes referencing Item PH.9, please see "Order of the Day." END OF PUBLIC HEARINGS City of Miami Page 45 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 RE.1 6809 Office of the City Clerk RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE ATTACHED CITY CLERKS CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI'S RUN-OFF ELECTION HELD ON NOVEMBER 19, 2019 FOR THE ELECTION OF COMMISSIONER DISTRICT 1. ENACTMENT NUMBER: R-19-0507 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Chair Russell: Moving to the RE (Resolution) Agenda. We have deferred REs.2, 3, 9, 10, and 13, as well as 18, I believe. Commissioner Carollo: Okay, let's go again. RE.2? Chair Russell: 2, 3, 9, 10 -- Commissioner Reyes: 9, 10, and 13. Chair Russell: -- 13, and 18, which was the DDA (Downtown Development Authority) Executive Director -- Commissioner Reyes: And 18. Chair Russell: -- have been deferred already -- deferred or continued already. Todd B. Hannon (City Clerk): Chair, I'm sorry; my apol -- Just for the record, RE.9 was withdrawn. Chair Russell: Thank you for clarifying. Commissioner Reyes: Withdrawn, that's right. Chair Russell: So have been either deferred, withdrawn, or continued, but we're not taking them up at this time. So the remaining RE Agenda is RE.1; RE.4, the Loan Pilot Program; RE.5, UASI (Urban Area Security Initiative); RE.6, Kent Security Systems; RE.7, the River Storm Sewer Pump Station; 8, the Wynwood Business Improvement District time extension; 11, the capital budget; 12, intergovernmental transfer MOU (Memorandum of Understanding); 14, designating Commissioner Emeritus, Wifredo Gort. Commissioner Carollo: Well, if we're going to be including members of the Commission emeritus, then I think we should expand that to others that have served City of Miami Page 46 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 many, many years and are still around. I'd like to include Commissioner I.L. Plummer in this. Chair Russell: I think he said he already is one, isn't he? Victoria Mendez (City Attorney): I -- that's where we got the idea. When it came up, he mentioned that he was, but we can confirm it in the reso. Commissioner Carollo: Well, I don't know that he was then. Ms. Mendez: Well, we'll confirm it. We'll put it on there then. Commissioner Carollo: Certainly -- Chair Russell: So I don't believe we amend this one as there's been no notice on any of -- any other additional names we'd add in, but we could do a new one for the next. Commissioner Carollo: Then -- Chair Russell: Would that be more appropriate? Commissioner Carollo: Well, if -- Chair Russell: That way, they get their due. Commissioner Carollo: For that reason, I think it'd be good. Commissioner Reyes: Yeah. Commissioner Carollo: I think you could have included it, but I like the second reason. Chair Russell: So that it's not an afterthought. Commissioner Carollo: Yeah. So let's do it that way. And do we do that for Mayors, too? You want to do me for Mayor or --? Chair Russell: This means you have to stick around and come to every Commission meeting as part of the role of emeritus. All right. Commissioner Carollo: He hasn't answered, so there's some hope. Chair Russell: So 15 is the elderly -friendly trolleys; 16 is the play street designation; 17 is the Rental Assistance Program; 19 is extension of the Scooter Program; 20 -- Commissioner Reyes: No, no. I -- no. Chair Russell: Hold on. Hold -- So you'd like to -- we'll -- 20 is the notifying scheduling of events within Commission districts; and 21 is the Bay of Pigs Museum and Library. Is there any item that a Commissioner would like to pull from that list? Commissioner Reyes: Yes. RE.19. Chair Russell: RE.19. So -- City of Miami Page 47 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: Can we do this -- I don't know what's the time in there, but I know for a fact that we're having all kinds of problems over at the Christmas Village at Bayfront Park, but I'm willing to forget about it until the holiday season passes and we have -- January comes along. So I'll leave it at that. I think you know how hard it is to get me moving on this one, but I'm willing to let it go -- Chair Russell: So we'll pull it, though, from the bulk, so it won't be voted on in this item. Commissioner Reyes: Okay. Well -- Chair Russell: We'll take it separately. Commissioner Reyes: -- we can take it separately. And I'm willing to defer it until January, because, definitely, I think that it has created a mess. And I had many people from Brickell, from downtown Miami, and it is a horrible sight when you see a bunch of them bunched in the sidewalks. People that -- even people that go to the Heat games and they had been -- I mean -- Chair Russell: Thank you. We'll take -- Commissioner Reyes: -- well some of them, they have been -- Chair Russell: -- the item separately, so we really focus on it -- Commissioner Reyes: Okay. Chair Russell: -- and have the full discussion. Commissioner Reyes: It's -- however you want it. But you know that I think that -- there is a reason why most of the cities in the world, they have banned it. Chair Russell: Thank you. All right. So is there a motion for the remaining RE Agenda, which is everything not deferred, continued, withdrawn, and not scooters? Ms. Mendez: Chairman? Chair Russell: Yes, Madam City Attorney. Ms. Mendez: I believe Commissioner Carollo wants RE.4 taken separately so that he can make some changes. Chair Russell: We can amend even within a bulk -- Ms. Mendez: Right. But I don't know if he's going to make them right now. Commissioner Carollo: Well, what I have is a pocket item that we could add to this Chair Russell: As an amendment. Commissioner Carollo: -- as an amendment, and that's to extend -- it was passed out to all of you this morning. It is a -- Ms. Mendez: That's -- that amends RE.17, the Senior Assistance Program. Commissioner Carollo: Right. But I'm -- City of Miami Page 48 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Ms. Mendez: RE.4 is the 250 million -dollar one. Commissioner Carollo: Yeah, it's the 250 million, which -- Chair Russell: So there's no pocket on that one? Commissioner Carollo: No, no, no, there is no pocket on that. I apologize. Chair Russell: It's an amendment. Commissioner Carollo: It's an amendment. Chair Russell: Let's not speak the amendment at this moment. Let's move -- at least get it on the floor for discussion. Commissioner Carollo: Yeah. Chair Russell: We can amend in bulk on these as needed. Madam City Attorney. Ms. Mendez: If we have to do amendments, we have to state the amendments and -- Chair Russell: Yes, of course. Ms. Mendez: Right. Chair Russell: It'll be stated on the record, but we can still cast one vote for the entire RE Agenda -- Ms. Mendez: Right. We just have to go -- Chair Russell: -- knowing there's amendments. Ms. Mendez: -- through the things we're amending; that's right. Chair Russell: Thank you. So is there a motion on REs.1, 4, 5, 6, 7, 8, 11, 12, 14, 15, 16, 17, 19 -- I'm sorry, not 19 -- 20, and 21 ? Commissioner Diaz de la Portilla: So moved. Chair Russell: Moved by Commissioner Diaz de la Portilla; seconded by Commissioner Reyes. And now we'll open for discussion; at which time, the mover and seconder will gladly entertain amendments. Commissioner Carollo: On RE.4, we have it listed as to create a homeownership loan pilot program. The -- what we're trying to accomplish here is to -- and I'd like to expand a little more so we could all be clear. It's not a loan program from this Commission, per se. This City of Miami has in excessive of $10 billion that we own in properties, and that's a conservative figure. So for us to go to the market and borrow 250 million from banks is something that's very feasible; or from banks through HUD (Department of Housing and Urban Development). The idea here is for us to have this money for buying additional lands, because while some of us have lands in our own districts that will be applicable towards this, we're going to need some additional lands, also. And for construction loans so that we -- and 171 touch upon this in a minute -- can create the appropriate agency, body, authority to do all this. And then we will be out in all districts building homes where people are going to own; not to rent. This would be homeownership. Once we build, people get their mortgages, we get our money back. Then we could decide if we're going City of Miami Page 49 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 to keep it going or we're going to stop it. This is a pilot program. What -- the idea here is that it's going to cover a minimum of 2,500 -- and I think it'll be more -- units that will be comprised approximately of 600 two -bedrooms, good-sized two - bedrooms. Some could even be made into three -bedrooms, because they will probably be around 900 square feet or so, but that would vary on the project. And the remaining 1,900 or so will be one -bedroom units. The idea here is -- and I think we all would agree -- that this is the biggest crisis that we have in our community from one district to the other by far. The idea here is, is to let the people know that we're not talking about this anymore; we're not using Band-Aids anymore. This Commission and this City is committed to do something about this in big steps, in major ways. The request that we have here is for this body to take only the following action today: The commitment that we're going to have $250 million that we're going to stand by in getting loans to either buy additional properties to build on, which is the smaller piece of this, but the rest will be for construction loans. And I would like to add to that that we name the following Directors from different areas of the City: The Director of DREAM (Department of Real Estate and Asset Management); the Director of our Housing Department -- or as we call it -- to name the Building Director, the Planning Director, and the Off -Street Parking Executive Director, because these buildings will need parking -- he has other expertise -- so that they could come back to us in, say, 90 days with their ideas, recommendations of the best entity that we should form, whether it should be through a housing authority, through a different entity that we create, maybe even internally with the City. I mean, I'm going to be open for all ideas; not just the ones that I think might be best. And once they come back and give us their recommendations, then this Commission will take action to put together whatever body we need to move forward in this idea. How did I come up with the numbers that I gave you? That's important to know. Well, I'm using the amount of $175 a square foot that would include buying of land. And as I said, many of us have lands that we could use already that are either owned by us or some other agencies so that we could save that money. So in essence, we're going to really build more than 2,500 units. But with the $175 a square foot, that would be sufficient to buy land in any of our districts that we need. I'm figuring that we could afford up to 150 a square foot. We control the density, so we could play with that. But in actuality, and with the exception of District 2, in all of our districts, I don't foresee that we're going to be buying land for more than a hundred dollars a square foot and below that. So it's a very conservative number that I've used. For construction cost, we're looking in actual construction cost where this would be put to a Request for Proposal for people to be able to bid on the lowest cost at no more than 115 per square foot, where there would be a profit for the builder built into that. These are not going to be buildings that are going to have all the additional whistles and expenses that people don't need in these types of units. What they need is a good, sound house in a respectable area that is going to give them a roof over their heads. They don't necessarily need a big gym, a huge lobby, a recreational room, and a lot of other stuff that will add monies to a project. At the same time, there's money built into that 175 per square foot for the creation that you're going to need of parking spaces, because while I know that some have the train of thought that we could do away with a lot of parking, the reality is that in Miami of today, we still need parking. And if you don't have parking in buildings, they're going to be all over the streets and what have you. So I want to make sure that we have adequate parking for whatever we build. So that's the breakdown on how we've come up with these costs. They're conservative costs. I have ran them through sufficient sources that know this business. I also will tell you that there are going to be some that are going to tell you, "There's no way you could do that for that amount," and I understand that, because they're used to building for another clientele, you know, the foreign investors and others that the same thing that we're going to build in a two -bedroom that we'll sell for maybe $168, 000, they can sell for 350 or more, with some additional trinkets that we don't need here. So that, in a nutshell, is what City of Miami Page 50 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 we're proposing here now. And this would give us enough time to come up with the right solutions that we need. I think we can create one heck of a good pilot program that I believe will end up being used throughout many other areas; not just of our State, but the country. Commissioner Diaz de la Portilla: Right. Chair Russell: Commissioner Carollo, if I could? Madam City Attorney, are you able to memorialize the amendments that were recommended? Commissioner Reyes: Yes. Ms. Mendez: Yes. At this time, yes, we'll be able to edit. Chair Russell: Can you clarify them based on what he said and what you have already? Ms. Mendez: Right. So we -- the program that he's requested, based on what we have on the agenda, we're going to amend it to bring back with all the recommendations. The staff that he has determined will look into this, and we will - Chair Russell: That was -- I'm sorry. I wasn't clear. Is there an amendment needed for passing today's item? Ms. Mendez: Yes. It has to be amended to reflect those changes that he described on how -- Chair Russell: Okay. So that will -- I just want for the mover and seconder to be able to understand exactly what's being amended, so we can pass it today, and then we move forward from there. Ms. Mendez: Yes. But if -- Commissioner Reyes: Mr. Chair? Ms. Mendez: -- it's going to come back. If that was the main -- Chair Russell: So we're not vote -- are we not voting on this at this moment? Ms. Mendez: -- thing. Chair Russell: Is (UNINTELLIGIBLE) ? Commissioner Carollo: Yes. Yeah, we are, yeah. Ms. Mendez: No, no. Yes, you're voting on it -- Chair Russell: Okay. Ms. Mendez: -- but it's going to come back for further clarification -- Commissioner Carollo: Yeah. Ms. Mendez: -- and funding sources -- Commissioner Reyes: That's right. City of Miami Page 5] Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: No. That I understand. Ms. Mendez: -- and all that. Right. Chair Russell: My question is, what is the amendment to the legislation that's being passed at this moment, if anything? Ms. Mendez: Okay. If you want -- if you give me one second, we can -- Chair Russell: All right. So, Commissioner Reyes has some comments. Commissioner Reyes: Yes, sir. I think the amendment's very simple. It's to create a -- you can call it a task force or a study group, whatever you want to call it, so they can develop a roadmap in order to implement, and the feasibility of implementing this project. I would like -- I think the idea is -- it is a very good idea, but we have to -- also, we have to take into consideration an in-depth analysis of how this is going to affect the City of Miami and our ability to pay, and all of that. And to that effect, I would like to include, besides the names that Commissioner Carollo had -- I mean, he had named -- I would like to include some bankers, people from the banking system, because if this is going to be -- most of it, it is going to be homeownership, but we need to clam how those people -- what are the requirements to obtain a loan, you see? That is something that I think that we should also include. And we should include, also, in my opinion, some players in -- that are actually building, people that are building, and that they want to cooperate with this program. And as a matter of fact, about four or five months ago -- and here is Mr. Mata, Luis Mata -- I saw him around here-- I had a very nice -- a very good conversation with Mr. Milton, and we -- he is willing to be part of this -- I mean, not of this -- part of I would say, an initiative to provide real affordable housing in the City of Miami, and he will -- could help us, also -- Chair Russell: Understood. Commissioner Reyes: -- in determining the real cost and all that. I don't know if you agree with that, Commissioner Carollo. Chair Russell: So your amendment would be to create a task force, as described, including -- Commissioner Reyes: That's right. Chair Russell: -- in addition to the people. Does the mover and the seconder agree? Commissioner Reyes: In order to develop a roadmap in how to implement this. Chair Russell: And I'm sorry, just a moment. I want to clarify first, though. In the analysis portion of your amendment, are you seeking for a formal analysis of the City's condition in order to implement the program? Commissioner Reyes: Well, yes. I mean, what I want to know is, I want to -- because I don't want anybody to have -- to question -- Chair Russell: Fair enough. Commissioner Reyes: -- of how are we going to pay this, you see. Commissioner Diaz de la Portilla: As the mover, I have a couple questions. City of Miami Page 52 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: Yes. Commissioner Diaz de la Portilla: We have two amendments or else -- Chair Russell: Yes. Commissioner Diaz de la Portilla: I think he expanded the task force, whatever you want to call it. He expanded it to include more members. Commissioner Carollo -- Commissioner Reyes -- Commissioner Carollo also talked about 90 days, corning back to us in 90 days. So will the City Manager then put together the actual wording of the amendment so that we understand it, that encompasses what -- Ms. Mendez: Okay. So I'm going to -- Commissioner Diaz de la Portilla: -- Commissioner Carollo wants and what Commissioner Reyes wants, so we understand it -- so I understand it? Ms. Mendez: Right. So I will read what I think is the amendment, so if you'll give me a second. "A resolution of the Miami City Commission approving the creation of an Affordable Housing Loan Program for the City of Miami to borrow, procure, and/or obtain various external and internal funding sources, in a total aggregate principal amount of up to 250 million, for land acquisition and construction, to assist eligible low-, moderate -income City residents to revolving loans, for homeowners and owner -occupied homesteaded dwellings or units within City limits, to be reimbursed to the City as homeowners, and obtain mortgage loans, all subject to: 'A,' development of policies and guidelines to be provided to the City Commission within 90 days, and future City Commission approvals of all external and internal funding sources, resources, procurements, allocations, loans, and grants to the City, and revolving loan fund requirements for the program, and all in the form acceptable to the City Attorney for said purposes, in compliance with Federal and State laws, local laws, the Charter of the City of Miami, and the Code of the City of Miami, as amended, including the City's procurement, financial integrity, and anti -deficiency requirements." Chair Russell: You're recognized, Commissioner. Commissioner Diaz de la Portilla: The composition of that task force, for lack of a better term, does that include -- that's not included there? I didn't hear that. Ms. Mendez: And then we will also include a study/task force. Commissioner Carollo: What -- Commissioner Diaz de la Portilla: Well, the whole thing is being done by a task force to come back to us, correct? Commissioner Carollo: Yeah. Ms. Mendez: Okay. Is fact -- Commissioner Diaz de la Portilla: So if we're doing that, who's doing the whole -- everything you read is being done by a task force -- a term that Commissioner Reyes used. Ms. Mendez: Well, but the -- it's a pre -issue -- City of Miami Page 53 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) let me finish my question. Commissioner Carollo proposed five members of -- into that -- to make up that task force. Commissioner Reyes added additional people that he recommended. So I wanted to know specifically -- the way I'm used to doing things is specifically, what does the amendment say, how many members in the task force; they come back in 90 days. You already outlined what they're going to look into and what they're going to come back with. We're not binding the City to any amount of money. They're going to come back with all these recommendations, different ideas, but we need to know who is going to do all this, including the amendment that we're doing now. Right? Ms. Mendez: Right. So normally, what happens is, we can listen to the minutes and be able to draft all this in an amendment, but to the best of our ability right now, as we are saying all the amendments -- Commissioner Diaz de la Portilla: Sorry, sorry. We're used to just getting -- Ms. Mendez: Right. Commissioner Diaz de la Portilla: We had like 20 people over there. They just did it really fast for us, so. Ms. Mendez: Right. So it doesn't -- yeah, we don't have -- Commissioner Diaz de la Portilla: I'll get used to City Hall pretty soon, don't worry. Ms. Mendez: So with reference to this, all of this will be done by the Administration and the task force, as described. We'll probably have to come back, and then appoint people at the next meeting, as well, based on this. Commissioner Diaz de la Portilla: One more question, and I'm done. The -- including the composition of the task force? Commissioner Reyes: Yes, sir. Ms. Mendez: Well -- Commissioner Diaz de la Portilla: It'll come back from you or it'll come back as part of that amendment? Ms. Mendez: -- so he stated certain people that are already de facto on it, so those people you've already stated. If anyone else needs to be appointed by the Commission that would have to come back on the board appointments section of the Clerk's, if anybody else needs to be appointed that's not described right now. Commissioner Diaz de la Portilla: Mr. Clerk -- Chair Russell: Just a moment. Finish up with Commissioner Carollo, and then on this side of the dais. Commissioner Diaz de la Portilla: Diaz de la Portilla. Ms. Mendez: Unless you give me all the details right now. City of Miami Page 54 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: You're lucky I'm not calling you "Commissioner Gort," because I'm so used to leaning to my left and just -- I apologize. Commissioner Diaz de la Portilla . Commissioner Diaz de la Portilla: Maybe the Assistant City Manager can clarify. I'm not understanding who's going to come back to us in 90 days. What entity? Commissioner Reyes: Yes, sir. Mr. Napoli: Commissioner, I just want to put two things in perspective. On -- we are doing -- we are ready to present -- in January, we're going to have a workshop on the Affordable Housing Master Plan that we've undertaken the past year. We were hopefully going to do it in November. They weren't quite ready, so we're looking at doing a workshop on January 8. We could come back perhaps -- excuse me -- to flush that task force out; who should be on it then during that workshop, and then get further input from the Commission, if that sounds reasonable. Commissioner Carollo: I -- Chair Russell: Commissioner Carollo and then Commissioner Reyes. Commissioner Carollo: Let me tell you why I don't think it sounds reasonable, Joe. You could call me "Joe," too; I have no problem; not meant in a bad way. This Commission had asked this Administration on the onset for precisely to give us an immediate plan, and go forward. All that we got was another one of those workshops that you're talking about now; that, frankly, it was a waste of everybody's time, because all that he talked about was the problem that we had. Well, we all knew; we all know, then, now, and into the future, the problem that we have in housing. Nothing was ever done. I remember -- and the minutes are there - - Commissioner Reyes finally, out of frustration, was going to lash out at the Administration. And I'm sorry that I got in the way, and I held him back, thinking that maybe in a little bit more time, something would come. Now, this is different than anything else you're doing. It's separate. This is homeownership. I didn't even mention the 85 million or so that we have left right now. That could be decided if we want to use some of that in this or in something else. I purposely did not mention -- and I hope you've taken note of that, Mr. Mayor -- the 85 million that we have left in the bonds. That wasn't mentioned here in this amount. My concern is -- and this is to my colleagues here -- that if the Administration is just going to leave this alone, this is not going to get anywhere. I mean, we need actions. I feel, in all frankness, that we've sat here for two years, and we have not accomplished anything solid in the needs that our residents have on housing, and I don't want to spend two more years in seeing the same thing; that we're corning up with ideas, with solutions just to make people think that we're doing something when we're actually not, or what we're doing is so little that at the end of the day will make a minute difference in the all -- overall general picture. Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: What I presented here is what I spoke about when I ran; what Commissioner Diaz de la Portilla had spoken about in his election; what Commissioner Reyes has been speaking about. This is one that, hey, there is no quarterback in this. We're all part of that; we're all quarterbacks. Everyone's going to be involved. Everyone will get the same credit. The winners here are going to be the residents that are going to get something solid for once. And once we all see how this works, we're going to be able to keep repeating it if we want with the same amount of money that we used originally; whereas in home rentals, once our monies goes, they're stuck there for a long time. And the other aspect that City of Miami Page 55 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 I also have a problem with is the way we've been looking at the whole aspect of this; that we are approving huge projects where developers are laughing all the way to the bank at us, because they're going to give us 10 percent, 15 percent, whatever, in workforce housing, lower -income housing, and we have no one to really be on top of it to enforce it. And then their idea of what workforce housing is or low-income housing is, none of the residents that live in our districts can afford that. So what happens? The people that start filling these new beautiful buildings up are transplants from other parts of Miami -Dade County, other parts of the State or the country that are moving in, and we still are not resolving the original problem that we had of the residents in Miami that are poor, which is the majority of the City. And the request is being made here today that we agree that we're going to be putting these dollars aside. We're not saying that we're going to go out and spend it or anything. We're asking for a study group, a task force -- I don't care what you call it -- to come back to us and recommend the following: What is the vehicle that would be best suited, whether it's an authority, many other vehicles that we could use to move this forward? Now, which are the ways that we're looking on getting mortgages for people? One I will tell you is HUD. But HUD can only finance up to 50 percent of units in a building that are condominium. And HUD has got a very good program, because you only have to come down with about 3 percent down, which is excellent for people that are going to go into a one - bedroom that is going to cost them maybe $70, 000. You know, for a 465- to 475- square-foot unit, that's very little down payment. But even for those that can't afford that, that's where we create other programs that we could help them with that down payment that they go in. The others are going to be people that -- you could call them workforce or below workforce -- are easily going to be able to qualify for a condominium that is a two -bedroom, 167, 000, 170, 000, or a one - bedroom that's 70,000. The prices they're going to get there are going to be, you know, something that they'll never find anywhere else, because in actuality, what we're presenting here is that we're going to be selling these units at approximately half the market rate, half the market cost, and we're not going to be making money on these, and that's why we could afford to do it this way. We're not making the huge profit on these. We're just building, passing it on, at our cost. There is initially some monies that the City would have to pay in interest rates for the loans that we get. That's where we have sufficient reserves that we could take care of the initial interest. And I'm figuring that from -- let's say that we buy a piece of land. From the time that you buy that land to the time that you finally build, it'd be two years. So I'm counting that on the average, it'll be two years that a building would be built and people could move in. But the actual construction cost won't be a whole two years; it'll be less. And in other cases, like in my district, I have some places that I could start building right away, because it's land we own. There's no cost for the real estate. So all these areas would be worked out by the group that we put together that can come back to us and discuss it. Last, but not least, one of the areas that I also feel that we could do, we could create different scenarios and - - through entities where we can get people to invest on these mortgages with us where would could bypass banks, we could bypass HUD, and have investors put money. If we pay 4 percent, that's very attractive to many investors today. And you have a tremendous amount of investors out there, too, that it's not just the money that they're going to get, but they want to invest in something that they know they're doing something good for mankind, too, as strange as it might sound. But there are - - it's a lot of money out there that's that kind of money. Just like you have people that invest in environmental funds, this is a human fund that you'll find a certain type of investor that will direct monies to that fund. So there's many ways that we could eventually go. But I think that the first step to take is to put a group together; then come back to us with the different suggestions of which is the vehicle that we need to create to go through with this. Last, but not least -- look, I said 90 days, but in reality, the month of December, nothing's going to get done, so I'd like to amend City of Miami Page 56 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 that to -- for them to come back no later than the end of March; this way, they get a real three months, because December is shot. Chair Russell: All right. I'll -- the Chair recognizes the Mayor, and then Commissioner Reyes. Commissioner Reyes. Commissioner Reyes: Yes. I am going to continue on the line of questioning that Commissioner Diaz de la Portilla was talking. First of all, I think we have to define what group is, what -- that group, and then the composition of the group. What I am more concerned -- I mean, I don't care how many people they are, but I want -- the composition is what I really am concerned about. We are going -- this is going to be homeownership. We need experts on -- get mortgage experts, people that have expertise in mortgages. We need people that are willing to participate, that they are builders. And we also need to have finance experts, and see how can we, the City of Miami, can survive this. And the -- what Commissioner Carollo so clearly stated, that this program will refurbish itself and continue. And I think this is a great idea, but we need a roadmap. We need experts. We need attorneys, because if, for example, we're going to have a building, it's going to be a condominium association, or it is -- and also, we need experts on -- management companies that -- so we can estimate the maintenance cost in those units. You see, we have -- what I -- in other words, what I want is a comprehensive analysis; a comprehensive analysis of these people that really are experts that would provide a roadmap; that instead of us throwing ideas, like we've been doing, and doing nothing, then we have a program; a program that could be very successful. So that's what am adding to this. Mr. Napoli: What are you saying --? Chair Russell: Just a moment. Joe, you wanted to mention -- Mr. Napoli: I just want -- no. I just wanted to -- yes -- clarify that all I'm trying to do, Commissioner Carollo, is understand your idea, and we will put this group together, and we will get back to you. I just want to reconcile that we do have the Affordable Housing Master Plan that has been undertaken, and is ready to be presented to the Commission. We were going to do that at a workshop in January. It's a comprehensive look -- they are very solid comprehensive recommendations -- and just reconcile that with this particular proposal. That's all I was trying to do, Commissioner. Chair Russell: Mr. Mayor, you're recognized. Mayor Suarez: Thank you, Mr. Chair. I don't think that the two things are inconsistent. I think you can do both. I think you can continue to talk about this in January. And like I said at the last Commission meeting when you mentioned this, Commissioner, I think it's good to focus on homeownership as opposed to what is traditionally rental product. Commissioner Reyes: Both of them. Mayor Suarez: Right. So I think that's fine. We can layer -- I would suggest as a de facto member the Procurement Director, as well, because you're going to have to, you know, go out there and RFP, you know, the construction companies, as you mentioned, to build these buildings. Commissioner Carollo: Are you saying the DREAM? Mayor Suarez: Procurement -- yeah, DREAM. You have DREAM. City of Miami Page 57 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: I did mention them. Mayor Suarez: Did you mention Procurement? Commissioner Carollo: Yeah, I did. I did. Mayor Suarez: DREAM? So we -- then to clarify, Procurement, DREAM CD (Community Development), which is Housing -- Commissioner Carollo: Yeah, I did, also. Mayor Suarez: -- and Building. You said Building Department. Commissioner Carollo: Those three were mentioned. I also included Planning. Mayor Suarez: Planning, as well. Commissioner Carollo: I included the Executive Director of Off -Street Parking -- Mayor Suarez: Correct. Commissioner Carollo: -- which is very key. Mayor Suarez: So that's -- we just want to make sure we have it all. Commissioner Carollo: But what -- based on what -- the questions and what both Commissioner Reyes and Diaz de la Portilla were saying, I'd like to suggest that we do the following, also: If each of us would name someone that's either in the construction field or the finance, banking sector -- mortgages, preferably -- in this way -- which is always good -- you have input from the private sector and government involved in this. But the first mission is to find the best vehicle that we're going to create so that we could move forward with this. Then we need to analyze everything else that's been said here. It could be done at the same time, also; there's no problem with that. But I think maybe we alleviate a lot of maybe of the concerns if each of us gets to name someone into that committee. I would just suggest that we -- I mean, we all know many of the same people, many people with a lot of expertise in the private sector, but that we choose them from the areas that could really be constructive in helping here. Commissioner Diaz de la Portilla: So -- Chair Russell: Thank you. Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: -- I have a question. So the composition will be the five members that you mentioned, Commissioner Carollo, plus one member from each Commission -- Commissioner Carollo: Yes. Commissioner Diaz de la Portilla: -- member. Commissioner Carollo: Yes. Ms. Mendez: For a total of 11. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) within certain categories, right? City of Miami Page 58 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: We would have certain categories that we have to pick between, you know, certain kind of people, private sector -- Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: -- and then we can't go outside those parameters. And then you would draft that amendment. We can vote on it now or how would that work? Ms. Mendez: Yes. So then what we have captured is that we're going to have the Planning Director, the Parking -- Off -Street Parking Director, the Building Director, the CD Director, the Procurement Director, and DREAM which is a total of -- Commissioner Diaz de la Portilla: Five. Ms. Mendez: -- six; then your five, so it'll be an 11-member committee. Commissioner Diaz de la Portilla: 11-member committee -- Ms. Mendez: Yes -- Commissioner Diaz de la Portilla: -- and everything else -- Ms. Mendez: -- which those persons will come back and be appointed -- given -- the names will be given to Todd for it to be placed on the next agenda so that you can get it done quickly. And then -- Commissioner Carollo: I'll give you mine right now. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). So moved. I think that's great. Chair Russell: So -- Ms. Mendez: And -- Commissioner Diaz de la Portilla: Let's move it and let's -- Ms. Mendez: -- I just wanted to clam. I have to make one more amendment. The standard language that we have for our little task forces, we'll put that in -- Commissioner Carollo: Okay. Ms. Mendez: -- how they could be removed; how they could be replaced -- Commissioner Carollo: Yeah. Ms. Mendez: -- absences, all that. And then I just want to be clear. Are you going to have any type of residency requirement or -- because -- Commissioner Carollo: No. Ms. Mendez: Okay. So that's all I had to be sure for. City of Miami Page 59 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: All right. Commissioner Carollo: The only area that I'm going to insist that we have residence requirement is when we start getting the lotto, the people applying for the mortgages and the apartments. Chair Russell: Right. All right. Commissioner Diaz de la Portilla: I have a question. Chair Russell: So the mover -- Commissioner Diaz de la Portilla: No. I have a question for the City Attorney before -- Chair Russell: Yes, Commissioner. Commissioner Diaz de la Portilla: It's been moved by me, but I have one quick question. Chair Russell: You're the mover -- Commissioner Reyes: I second. Chair Russell: -- the seconder, and now they're -- now you're accepting the amendment for the -- Commissioner Diaz de la Portilla: I'm accepting the amendment and moving the amendment. Chair Russell: Correct. You don't have to move the amendment; you just accept it. Commissioner Diaz de la Portilla: Okay. I accept the amendment; then I move the Chair Russell: And then the seconder has to accept the amendment, as well. And then -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE), but I have a question. I have a question. Chair Russell: Please. Commissioner Diaz de la Portilla: Is there a City ordinance that says that all members of boards must be mem -- must live in the City or own property in the City? Ms. Mendez: They -- usually when we create ordinances or resos that create these things, we -- Commissioner Diaz de la Portilla: Boards. Ms. Mendez: -- boards -- we have the requirements; that's why I asked for the residency. If there's going to be no residency, I draft it into this resolution creating this task force -- Commissioner Diaz de la Portilla: Okay. City of Miami Page 60 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Ms. Mendez: -- and it's fine. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: And then do you want to sunset provision it? Commissioner Carollo: Not right now, because we don't know where we're going with it. Commissioner Reyes: We've been deciding -- Commissioner Carollo: Yeah. Ms. Mendez: Okay. Commissioner Reyes: -- for the first 90 days Commissioner Carollo: But when you say 90 days, was that until the end of March Mr. Napoli: Of March. Commissioner Carollo: -- or before? Commissioner Reyes: Yeah. Commissioner Carollo: Yeah, because December -- yeah. Commissioner Reyes: It will be decided (UNINTELLIGIBLE). Ms. Mendez: So in January it could come -- Commissioner Diaz de la Portilla: I want to bring -- excuse me; if I may, Mr. Chair? Chair Russell: Of course. Commissioner Diaz de la Portilla: I want to bring a little Tallahassee to Miami. I want to bring a sense of finality here. I think we all agree what we want, so I moved it. I accepted the amendment. Commissioner Reyes has seconded. Can we vote on it? Commissioner Carollo: Yes. Chair Russell: We can -- if -- so -- okay. So you're not adding any further amendment about the sunset (UNINTELLIGIBLE) ? Commissioner Diaz de la Portilla: No. Can we vote on it? Commissioner Carollo: Yeah. Commissioner Reyes: Let 's vote on it. Chair Russell: Of course. So we have a motion and we have a second. We have an amendment that's been approved by the mover and the seconder. Mr. Clerk. City of Miami Page 61 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Hannon: And that's correct, and that's for RE.4, but this is a motion also covering -- Chair Russell: Thank you for reminding me. Commissioner Carollo: Yeah. Chair Russell: So with all that in mind, we table this item for the batch vote of this. Are there any other comments or questions of the other items that have been moved in this batch? And that includes the other RE items. I only have comments on two; one is RE. 6, the Kent Security Services. I understand this is just finishing out over the next month or two the existing contract. I want to make sure that as we go for re -- if we rebid this contract out, the $15 minimum is absolutely in there, because currently, they are not. Mr. Napoli: That's correct. Chair Russell: And our security has speakers in the front rooms so they can hear us, so I want to make sure that that is memorialized; that as we move forward, that will be included, because it's not now. Commissioner Carollo: Well, I will approve it only on one condition; that you help me pay the difference for Friday's Little Havana for the security guards we hire. Chair Russell: We all will. Commissioner Carollo: No, no, no. I want you to help me with this, so you can be part of it, too. Chair Russell: All right. We'll talk about that. But that's not an amendment; it's just a question to -- okay. And the other one, on RE.8 -- Commissioner Hardemon, this is your item -- Wynwood Business Improvement District expansion of time from 3 a.m. to 5 a.m. for the New Year's Eve period. The resolution passed by the Wynwood BID includes one business that's in my district within Wynwood that already had five, and we did this for them during the Winter Music Conference to allow them to get the same two-hour bump we're giving to everyone, which would push them to 7. It would be my friendly amendment to ask that the item pass as is, with the amendment that that one item, as recommended by the Wynwood Business Improvement District, gets 7 a.m. instead of 5. They've put a lot of time, and obviously, money into earning the 5 that they have. They have a competitive advantage at this moment that they will lose during this period when we, in a sense, level the playing field. Commissioner Hardemon: So that entity, I know that we extended it for them in the past. Chair Russell: Correct. Commissioner Hardemon: They want it from 5 to 7. But there were a number of restrictions that we put on them with that. They had -- it was some sort of insurance requirement. There was an indemnity clause. Chair Russell: I remember. Commissioner Hardemon: There was a number of different things that made that -- because it was -- the thing about it is that we don't -- generally -- right? -- there -- we're not allowing people to go to 7 a.m. unless you're in certain parts of the City of Miami Page 62 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 community -- right? -- where they have the 24-hour partying. This entity, of course, has had its license before others, (UNINTELLIGIBLE) why enjoys the two-hour -- Chair Russell: 5 a.m. Commissioner Hardemon: -- difference in time to 5 a.m. You know, I've always listened to the argument about they lose their competitive advantage, but they have that competitive advantage throughout the year. I mean, you're allowed -- they're allowed to sell their liquor two hours more than every other business in that area for the entirety of the year. And so, during this one time, there is an opportunity for the other entities to sell up to that same amount of time. I don't look at that as them losing their competitive advantage. I look at -- almost it's like it's fair. It becomes more fair just that -- during that particular time. And so, you know, I was agreeable to it before, and I will only be agreeable under the same terms, because I do believe that in that area, going beyond 5 can be problematic, because people are going from one space to another in Wynwood and they'll -- so they end up at that space, which is fine that they end up there, and then they're going to continue to drink, and they're going to continue to have a good time, and that 7 a.m. is the time where generally, other people are now starting to crowd the streets and the roads. And so, that's always been my issue. And so, when others crowd the streets and the roads, and a savvy attorney realizes that we extend their time to 7 a.m., but they already had an advantage at 5 and it's going even further that that could add to the City of Miami becoming liable, really, for some sort of incident that could happen. So that's always been my issue. Chair Russell: Understood. Commissioner Hardemon: So unless you have all the information with you today for them to accept that, then I don't know ifI can -- Chair Russell: Understood. Madam City Attorney, when we last passed a similar amendment -- Commissioner Hardemon: We can give more time if you want to on that one item. Chair Russell: -- this was at the Winter Music Conference this past spring. This exact business, this exact resolution was being passed. We set certain conditions on them to get that additional two hours. Are you able to memorialize that into this legislation as an amendment? Ms. Mendez: I would request then if we just pass that one -- table it a moment so that we could get all the conditions, and be on the same page. Chair Russell: All right. Does the mover and seconder approve tabling the removal of -- let me just make sure I get it right. Commissioner Hardemon: RE.8. Chair Russell: Thank you -- RE.8 from -- Ms. Mendez: We'll pull that legislation now. Chair Russell: -- the list? And we should have that one ready. We're almost ready for lunchtime, so we may or may not get to that one before lunch. So that'll pull RE.8. Mover and seconder agrees? Thank you. Pull that one out. And so, then we are left with everything in the motion, with the amendment on RE.4. We have a motion. We have a second. Are there any further discussions? City of Miami Page 63 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: Yes. I have a question; just have clarification. RE.19, it is -- it was pulled? Chair Russell: Yes, sir. Commissioner Reyes: Okay. I know, but sometimes you try to squeeze it, you know? Chair Russell: Yes, sir. Commissioner Reyes: Okay. Chair Russell: Yes. So we are -- so just to clam we are passing "R" -- we're voting on RE.1; RE.4, with amendments; RE.5, 6, 7, 8, 11, 12, 14, 15 -- Commissioner Hardemon: I thought 12 was -- Chair Russell: --16, 17, 20, and 21. Commissioner Hardemon. Commissioner Hardemon: Can -- go through them again -- Mr. Hannon: Chair? Commissioner Hardemon: -- because I thought 12 was -- Chair Russell: Did I miss one? Mr. Hannon: No. 8, 8 was tabled. Chair Russell: I'm sorry. Thank you. 8 was tabled. Mr. Hannon: But 12 is still in play. Chair Russell: Yes. Commissioner Hardemon: So 12 was not withdrawn? Chair Russell: 12 was not withdrawn; so 11 and 12, so yes. Commissioner Reyes: That's right. Chair Russell: 1, 4 -- Commissioner Hardemon: Was 13 withdrawn? Commissioner Diaz de la Portilla: Yes. Chair Russell: Yes. Commissioner Hardemon: Okay. Commissioner Reyes: Yes. Commissioner Hardemon: I wrote it in the wrong spot. Commissioner Reyes: 13 was withdrawn. City of Miami Page 64 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Hardemon: So repeat it again. Chair Russell: Yes, sir. RE.1; RE.4, with amendment; RE.5, 6, 7, 11, 12, 14, 15, 16, 17, 20, and 21. Is there any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes, as amended. Thank you very much. City of Miami Page 65 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 RE.2 RESOLUTION 2525 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE CITY MANAGER'S RECOMMENDATION APPROVING THE FINDINGS OF THE SELECTION COMMITTEE THAT VIRGINIA KEY, LLC, ("PROPOSER") IS THE TOP RANKED PROPOSER FOR REQUEST FOR PROPOSALS NO. 16-17-011, LEASE OF CITY OF MIAMI-OWNED WATERFRONT PROPERTY FOR MARINAS/RESTAURANT/STORE USES LOCATED AT APPROXIMATELY 3301, 3605, 3501, 3311, & 3511 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA ("RFP"); AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE ("LEASE"), SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ATTORNEY AS TO FORM AND CORRECTNESS, FOR AN INITIAL TERM OF FORTY-FIVE (45) YEARS, WITH TWO FIFTEEN (15) YEAR RENEWAL TERMS AND PAYMENT OF A MINIMUM GUARANTEED ANNUAL RENT EQUAL TO TWO MILLION TWO HUNDRED THOUSAND DOLLARS ($2,200,000) INCREASED ANNUALLY BY THE GREATER OF 3% OR CPI ("BASE RENT"); TOTALING APPROXIMATELY TWO HUNDRED THREE MILLION NINE HUNDRED EIGHTY FOUR THOUSAND SIXTY DOLLARS ($203,984,060.00) OVER THE INITIAL TERM; SIX PERCENT (6%) OF GROSS REVENUES; APPROXIMATELY EIGHTY MILLION DOLLARS ($80,000,000.00) PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE MARINA IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING; FURTHER PROVIDING THAT THE EXECUTION OF THE LEASE IS SUBJECT TO THE APPROVAL OF A MAJORITY OF THE VOTES CAST BY THE ELECTORATE AT A REFERENDUM SPECIAL ELECTION; FURTHER CLARIFYING THAT SUCH AWARD OF THE RFP DOES NOT CONFER ANY CONTRACTUAL RIGHTS UPON PROPOSER UNTIL SAID FAVORABLE REFERENDUM HAS OCCURRED AND A CONTRACT IS ENTERED INTO, AS REQUIRED BY THE CITY CHARTER. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.2, please see "Order of the Day" and Item RE.1. City of Miami Page 66 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 RE.3 RESOLUTION 2526 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING PROVISIONS FOR A REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2019 FOR THE PURPOSES OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI ("CITY") FOR THEIR APPROVAL OR DISAPPROVAL OF THE FOLLOWING REFERENDUM BALLOT QUESTION: "SHALL THE CITY BE AUTHORIZED TO LEASE APPROXIMATELY 27.5 ACRES OF LAND ON VIRGINIA KEY TO VIRGINIA KEY, LLC FOR A 45-YEAR INITIAL TERM WITH TWO 15 YEAR RENEWALS; MINIMUM ANNUAL GUARANTEED RENT OF $2,200,000.00 (WITH ESCALATIONS) TOTALING APPROXIMATELY $203,984,060 OVER THE INITIAL TERM; 6% OF GROSS REVENUES; APPROXIMATELY $80,000,000.00 PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE MARINAS IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING?"; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; AUTHORIZING AND DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY PURSUANT TO APPLICABLE LAW. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.3, please see "Order of the Day" and Item RE.1. City of Miami Page 67 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 RE.4 RESOLUTION 6922 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CREATION OF THE HOMEOWNERSHIP LOAN PILOT PROGRAM ("PROGRAM"), AS MORE PARTICULARLY SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FOR THE CITY OF MIAMI ("CITY") TO BORROW AND/OR TO OBTAIN VARIOUS FUNDING RESOURCES IN A TOTAL AGGREGATE PRINCIPAL AMOUNT UP TO TWO HUNDRED FIFTY MILLION DOLLARS ($250,000.000.00) FOR LAND ACQUISITION AND CONSTRUCTION TO ASSIST ELIGIBLE LOW TO MODERATE INCOME CITY RESIDENTS THROUGH REVOLVING LOANS TO BECOME HOMEOWNERS IN OWNER - OCCUPIED DWELLINGS OR UNITS WITHIN THE CITY LIMITS TO BE REIMBURSED TO THE CITY AS HOMEOWNERS OBTAIN MORTGAGE LOANS; SUBJECT TO FUTURE CITY COMMISSION APPROVALS OF ALL LOANS AND GRANTS TO THE CITY AND REVOLVING LOAN FUND REQUIREMENTS FOR THE PROGRAM, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES IN COMPLIANCE WITH ALL FEDERAL, STATE OF FLORIDA ("STATE"), AND LOCAL LAWS, AND THE CHARTER OF THE CITY OF MIAMI, AS AMENDED ("CHARTER") AND CODE OF THE CITY OF MIAMI, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT CODE, FINANCIAL INTEGRITY PRINCIPLES, AND ANTI -DEFICIENCY ACT REQUIREMENTS FOR THE PROGRAM. ENACTMENT NUMBER: R-19-0508 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.4, please see Item RE.1. City of Miami Page 68 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 RE.5 6765 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT, TITLED "URBAN AREA SECURITY INITIATIVE ('UASI') GRANT PROGRAM FISCAL YEAR 2019," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $6,650,000.00, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE FEDERALLY -FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE CITY MANAGER TO EXTEND THE FISCAL YEAR 2019 UASI GRANT PROGRAM, AS NECESSARY; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH CONTIGUOUS PARTNERS OF THE CITY OF MIAMI ("CITY") SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY'S DEPARTMENT OF FIRE - RESCUE, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED. ENACTMENT NUMBER: R-19-0509 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.5, please see Item RE.1. City of Miami Page 69 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 RE.6 6737 Department of Building RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AN INCREASE IN THE CONTRACT CAPACITY FROM A NOT TO EXCEED AMOUNT OF ONE MILLION SEVEN HUNDRED SIXTY THOUSAND TWO HUNDRED SIXTY EIGHT DOLLARS AND FORTY EIGHT CENTS ($1,760,268.48), TO A NOT TO EXCEED AMOUNT OF ONE MILLION EIGHT HUNDRED NINE THOUSAND ONE HUNDRED SIXTY THREE DOLLARS AND FORTY EIGHT CENTS ($1,809,163.48) FOR REQUEST FOR PROPOSALS ("RFP") CONTRACT NO. 295279, BETWEEN THE CITY OF MIAMI ("CITY") AND KENT SECURITY SERVICES, INC., A FLORIDA PROFIT CORPORATION ("KENT"), PURSUANT TO RESOLUTION NOS. 13-0142, 16-0165, 17-0187, 18-0147, AND 19- 0026, FOR THE PROVISION OF SECURITY GUARD SERVICES, ON A CITYWIDE BASIS; ALLOCATING FUNDS FROM CITY BUILDING DEPARTMENT ("BUILDING") GENERAL FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL DOCUMENTS INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH ALL 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, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0510 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.6, please see Item RE.1. City of Miami Page 70 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 RE.7 RESOLUTION 6815 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED ON JULY 18, 2019, PURSUANT TO INVITATION TO BID ("ITB") NO. 18-19-010- R, FROM EDFM CORPORATION, A FLORIDA PROFIT CORPORATION ("EDFM"), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE CONSTRUCTION SERVICES FOR THE RIVERVIEW STORM SEWER PUMP STATION, EMERGENCY GENERATOR, CARBON DIOXIDE ("CO2") FIRE SUPPRESSANT SYSTEM, AND MAIN SWITCH DISCONNECT PROJECT NO. M-0127C ("PROJECT"), IN THE AMOUNT OF ONE MILLION FOUR HUNDRED TWELVE THOUSAND DOLLARS ($1,412,000.00), FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER'S CONTINGENCY ALLOWANCE IN THE AMOUNT OF ONE HUNDRED FORTY ONE THOUSAND TWO HUNDRED DOLLARS ($141,200.00), FOR A TOTAL NOT TO EXCEED AWARD VALUE OF ONE MILLION FIVE HUNDRED FIFTY THREE THOUSAND TWO HUNDRED DOLLARS ($1,553,200.00); ALLOCATING FUNDS FROM CITY OF MIAMI ("CITY") RESILIENCE AND PUBLIC WORKS DEPARTMENT ("PUBLIC WORKS") PROJECT NO. M-0127C, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH EDFM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY ("AGREEMENT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0511 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.7, please see Item RE.1. City of Miami Page 71 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 RE.8 RESOLUTION 6919 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE NOISE PROHIBITIONS FOR NEW YEAR'S DAY 2020 RELATED EVENTS PURSUANT TO SECTIONS 36-4(A) AND (B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION," AND AN EXTENSION OF ALCOHOL SALES UNTIL 5:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE, TITLED "HOURS DURING WHICH SALES ALLOWED; PERMITS AND PUBLIC HEARING REQUIRED", FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT FOR NEW YEAR'S DAY 2020 RELATED EVENTS OCCURRING FROM DECEMBER 31, 2019 THROUGH JANUARY 1, 2020. ENACTMENT NUMBER: R-19-0519 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item RE.8, please see Item RE.1. Chair Russell: All right. I do have to step out. I apologize, gentlemen. I just have a quick question for the City Attorney, and 1'll be back within an hour. Did you get the amendments that were made about the Wynwood two-hour extension that were agreed to by the applicant six months ago or whenever it was? And are those satisfactory with you that we can move that item? Commissioner Hardemon: You know, and I want to make sure. Can I have the proponents of the amendment come before the lectern? Ron Goldberg: Good afternoon, Commissioner. Ron Goldberg, from the Automatic Swims Club, LLC (Limited Liability Company), and the Wynwood Factory; and my associate. Luis Puig: Good afternoon, Commissioners. Luis Puig; also, operator/owner of the Wynwood Factory. Commissioner Hardemon: So thank you for being here. The big issue that 1 have -- you remember last year, we extended it for an additional two hours beyond the 5 o'clock alcohol sales closure time that you currently have. In the City of Miami, the reason you -- as I understand -- that you have the ability to be open at 5 o'clock a.m. is because you were grandfathered in, so you were an existing alcohol establishment that had the right to be open till 5 before we created an ordinance that limited it to 3. And so, it would have been almost like a taking; taking of you know, your ability to continue business operating till that time. Right? Mr. Goldberg: That's not my understanding or interpretation (UNINTELLIGIBLE). Commissioner Hardemon: Well, let me allow the City Attorney to tell us exactly what the interpretation is; then we'll go from there. City of Miami Page 72 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Goldberg: Sure. Victoria Mendez (City Attorney): Basically, they have an exception that allows them to stay open till 5 a.m. Commissioner Hardemon: Okay. Ms. Mendez: That's what they have; an exception that allows them that. And they're asking for the -- Commissioner Hardemon: I know what they're asking for. Mr. Goldberg: I apologize, Commissioner. Just a moment of clarification I think is important, and I don't know the detailed history, and the Commission and the City Attorney, and some other folks in the Administration may know. But the 5 a.m. matter was -- the 3 a.m. matter was established when the business -- the Wynwood Business Improvement District was established. And it's my understanding that some of the founders of the bodies behind the Wynwood Business Improvement District requested a Cafe District that was ultimately negotiated to a 3 a.m. status, and in so doing, creating that 3 a.m. status in a special Cafe District completely eliminated the process by which an applicant would normally come to the City with a radius restriction to do an alcoholic beverage establishment and particularly, a 5 a.m. establishment; all guidelines which I had followed, which the prior parties to the address in question had followed, and which we had maintained. So then my understanding is the policies were relaxed substantially in a certain Cafe District that was established when the Wynwood Business Improvement District was established several years after I had secured my 5 a.m. status. And it's also my understanding that the Cafe District has now been expanded exponentially greater to include all of Wynwood, allowing additional applicants to stay open until this 3 a.m. timeline. So, you know, the roots that I had laid down and the significant investment that I've made going back many, many years to hold onto what was a 5 a.m. establishment in an area that I felt was an emerging area -- it was a good bet and it was a good guess -- was never intended to have the level of competition by many, many dozens of parties being able to come in without even having to provide a radius survey. Commissioner Hardemon: See, that's the part. So first, I appreciate the things that you're saying. Mr. Goldberg: Yeah. Commissioner Hardemon: Because, you know, sometimes, we get kind of lost in the minutia about what's actually happening. Mr. Goldberg: Yes. Commissioner Hardemon: I forget at times -- and I believe you stated something earlier that I remember -- it was actually last night or so -- about people who are coming from outside of the City of Miami into the City of Miami, having pop-up events, essentially buying cases of liquor, selling it, you know, in certain types of ways -- Mr. Goldberg: I didn't say that, but I'm certainly (UNINTELLIGIBLE) agreeing to what you're saying. It's a problematic situation. Commissioner Hardemon: No, no, you did not say that. It was a conversation about just general issues that we're having within the City of Miami -- City of Miami Page 73 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Goldberg: Yeah. Commissioner Hardemon: -- that are problematic for business owners. Mr. Goldberg: Well, I believe so. Commissioner Hardemon: And so, you know, in this issue, I had been so narrowly tailored to the idea of the 3 o'clock versus the 5 o'clock and the 5 o'clock versus the 7 o'clock. This is about trying to give entities within the Wynwood BID (Business Improvement District) an opportunity to stay open longer to serve more people, and for that entire area to do better. Right? The argument that had been used to supply -- to me at least -- the 7 o'clock staying open was in order to preserve the competitive advantage, and I just don't think that that's a good argument, preserving the competitive advantage, because what I look at is, okay, I have an area that generally closes at 3 now being moved to 5. The business that usually closes at 5 is now being moved to 7, which is a four-hour difference from when most of the spaces there would close; it would generally close at 3. And so, if everyone during these special holiday times closes at 5, yeah, it does put them on the same playing field as you. It doesn't make you any more special than what you typically are throughout the year -- right? -- because of all the perfectly legal things that you did to earn that status. What my concern starts to be -- it's not with you or your business or -- It's with safety, and that's why the last time we talked about this, I talked about that maybe there are parameters that we could take. And I don't want you to think that it's onerous or it's directed at you; it's just out of my sheer concern of safety in that area. Okay? As I understand, you agreed to the terms that you agreed to last year. Mr. Goldberg: That's correct, sir. Commissioner Hardemon: If you agreed to those terms, I appreciate you corning down here yourself to explain everything and kind of shine some light on it. I would be in favor of moving to include -- So I'm making a motion to amend the legislation to include your entity with the requirements that we had last year, and any additional requirements that the City Attorney deems is necessary. Mr. Goldberg: Thank you, Commissioner. That's perfectly acceptable, and Luis is in complete accord with that. Thank you so much. We really appreciate your time. Chair Russell: There's been a motion with amendment; seconded by the Chair, approving the amendment. Is there any further discussion from the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion -- Mr. Goldberg: Thank you. Thank you, Commissioners. Chair Russell: -- thank you. Motion passes. We do not officially have a Vice Chairman today, but I need to step out for one hour. I apologize. So I am going to pass the gavel to my left and Commissioner Diaz de la Portilla will carry us through the next session. Thank you. Commissioner Diaz de la Portilla: Thank you, Mr. Chairman. Chair Russell: Be right back. City of Miami Page 74 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Victoria Mendez (City Attorney): On his first day? Commissioner Hardemon: Right. That's what a jury -- Commissioner Diaz de la Portilla: Well, you know, it's not really my first day. I did it for 16 years. Commissioner Carollo: Chairman Russell, just because I said I would stay until 12 Commissioner Reyes: No, I mean, I just -- Commissioner Carollo: -- I didn't mean that you could go and, you know, you don't have to be with us. Commissioner Reyes: -- are you trying to get on his good side? Commissioner Diaz de la Portilla: And Madam City Attorney, you're going to guide me through this, right? Because I know your rules are a little bit different. Ms. Mendez: You're going to be fine. Commissioner Carollo: (UNINTELLIGIBLE) Senator Diaz de la Portilla knows how to handle that gavel. Commissioner Diaz de la Portilla: But it's a different process. Commissioner Carollo: I know. Commissioner Reyes: Different process. Commissioner Carollo: I know. Commissioner Diaz de la Portilla: It'll be okay. We'll be fast. Commissioner Carollo: I know. Commissioner Diaz de la Portilla: First thing we're going to do is -- Commissioner Carollo: I just hit the gavel. I didn't say anything else. Commissioner Diaz de la Portilla: First thing we're going to do, probably going to recess the Commission meeting and move on to the Planning and Zoning so that we can get some of the public testimony. They've been waiting here all day, and they could say some -- make some of the public testimony. I believe you need to read something into the record. Ms. Mendez: Yes. Well -- Commissioner Diaz de la Portilla: So we're going to stop the tape and we're going to flip it, okay -- or something like that. Right? City of Miami Page 75 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 RE.9 6648 RESOLUTION MAY BE WITHDRAWN Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE Recreation VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18- 86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE PLACEMENT OF A SIGN OR ADVERTISING, AS DESCRIBED IN EXHIBIT "A" OF THE DONATION AGREEMENT, FROM BIU, INC., A FOR -PROFIT CORPORATION ("BIU"), WITHIN BELAFONTE TACOLCY CENTER, A CITY -OWNED PROPERTY LOCATED AT 6161 NORTHWEST 9 AVENUE, MIAMI, FLORIDA ("BELAFONTE TACOLCY CENTER"); AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION FROM BIU AT AN ESTIMATED VALUE OF $44,500.00 IN THE FORM OF RESURFACING BASKETBALL COURTS AT BELAFONTE TACOLCY CENTER; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A DONATION AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PLACEMENT OF THE SIGN OR ADVERTISING AND THE ACCEPTANCE OF THE EQUIPMENT AND IMPROVEMENTS; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID DONATION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.9, please see "Order of the Day" and Item RE.1. City of Miami Page 76 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 RE.10 RESOLUTION 6518 MAY BE DEFERRED Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE Recreation VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18- 86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE PLACEMENT OF A SIGN OR ADVERTISING, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" OF THE DONATION AGREEMENT, FROM SIMPLY HEALTHCARE PLANS, INC., A FOR -PROFIT CORPORATION ("SIMPLY"), WITHIN HADLEY PARK, A CITY OF MIAMI OWNED PROPERTY LOCATED AT 1350 NORTHWEST 50 STREET, MIAMI, FLORIDA ("HADLEY PARK"); FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION FROM SIMPLY AT AN ESTIMATED VALUE OF $21,179.00, IN THE FORM OF EQUIPMENT AND IMPROVEMENTS AT HADLEY PARK; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A DONATION AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PLACEMENT OF THE SIGN OR ADVERTISING AND THE ACCEPTANCE OF THE EQUIPMENT AND IMPROVEMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID DONATION. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: Item RE.10 was deferred to the January 23, 2020, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing Item RE.10, please see "Order of the Day" and Item RE.1. City of Miami Page 77 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 RE.11 RESOLUTION 6682 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS AS SET FORTH IN EXHIBIT "A" ATTACHED AND INCORPORATED TO THE FISCAL YEAR 2019-20 MULTI -YEAR CAPITAL PLAN ADOPTED WITH MODIFICATIONS ON SEPTEMBER 26, 2019 PURSUANT TO RESOLUTION NO. 19-0374; REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS AND FURTHER APPROPRIATING AND RE -APPROPRIATING FUNDING FOR THE EXISTING AND ADDED PROJECTS AS SET FORTH IN EXHIBIT "B" ATTACHED AND INCORPORATED; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND GRANTS IN PROGRESS. ENACTMENT NUMBER: R-19-0506 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.11, please see Item RE.1. City of Miami Page 78 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 RE.12 RESOLUTION 6444 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY OF MIAMI ("CITY") TO PARTICIPATE IN AND RECEIVE REIMBURSEMENTS UNDER THE NEW MEDICAID PUBLIC EMERGENCY MEDICAL TRANSPORTATION AND MANAGED CARE EMERGENCY MEDICAL SYSTEM SUPPLEMENT PAYMENT PROGRAM ("PARTIAL REIMBURSEMENT PROGRAM") FOR MEDICAID MANAGED CARE PATIENTS TRANSPORTED BY THE CITY'S DEPARTMENT OF FIRE -RESCUE ("DEPARTMENT") WITH ADMINISTRATION OF FEDERAL FUNDS BY THE STATE OF FLORIDA ("STATE") THROUGH ITS AGENCY FOR HEALTH CARE ADMINISTRATION ("AHCA") FOR THE FIRST PROGRAM YEAR ENDING JUNE 30, 2020 ("FIRST PROGRAM YEAR"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY AGREEMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO PARTICIPATE IN THE PARTIAL REIMBURSEMENT PROGRAM FOR THE FIRST PROGRAM YEAR, TO PROVIDE THE REQUIRED FIRST PROGRAM YEAR CITY MATCH BY INTERGOVERNMENTAL TRANSFER(S) OF FUNDS TO ACHA, AND TO RECEIVE APPROXIMATELY 61.47 PERCENT BACK FROM THE FEDERAL SHARE OF THE PARTIAL REIMBURSEMENT PROGRAM AND 38.53 PERCENT BACK FROM ACHA UNDER THE STATE SHARE OF THE PARTIAL REIMBURSEMENT PROGRAM; AUTHORIZING AND APPROPRIATING FROM ACCOUNT NO. 00001.181000.881000 TO BE TRANSFERRED TO ACHA IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED NINETY-NINE THOUSAND FOUR HUNDRED SEVEN DOLLARS AND FORTY EIGHT CENTS ($899,407.48) WHICH IS APPROXIMATELY 38.53 PERCENT OF THE FUNDING REQUIRED TO BE PAID AS THE CITY MATCH BY JANUARY 2020, OR SUCH OTHER TIME AS DESIGNATED IN WRITING BY AHCA, IN ORDER FOR THE CITY TO PARTICIPATE IN THE PARTIAL REIMBURSEMENT PROGRAM FOR THE FIRST PROGRAM YEAR AND WILL REQUIRE THAT THE DEPARTMENT'S OPERATING BUDGET BE INCREASED IN THE FISCAL YEAR 2019-20 MID -YEAR BUDGET AMENDMENT; REQUIRING THE CITY MANAGER AND THE DEPARTMENT, BEGINNING OCTOBER 1, 2020, TO PROVIDE TO THE CITY COMMISSION AN ANNUAL REPORT ON THE FIRST PROGRAM YEAR'S PARTICIPATION AND PARTIAL REIMBURSEMENTS TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ALL AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS TO ANY AND ALL FIRST PROGRAM YEAR AGREEMENTS FOR THE PARTIAL REIMBURSEMENT PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0512 City of Miami Page 79 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 RE.13 5727 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.12, please see Item RE.1. RESOLUTION MAY BE DEFERRED Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION Management AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JULIO DOTEL, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $125,000.00, INCLUSIVE OF COSTS AND ATTORNEY'S FEES, AS WELL AS A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT, AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $124,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.13, please see "Order of the Day" and Item RE.1. RE.14 RESOLUTION 6880 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING COMMISSIONER WIFREDO (WILLY) GORT AS COMMISSIONER EMERITUS OF THE CITY OF MIAMI. ENACTMENT NUMBER: R-19-0513 City of Miami Page 80 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.14, please see Item RE.1. RE.15 RESOLUTION 6890 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO PRESENT AT THE JANUARY 9, 2020 CITY COMMISSION MEETING OPTIONS AND QUANTIFIABLE PROJECTED COSTS FOR RETROFITTING EXISTING TROLLEYS AND PURCHASING NEW TROLLEYS THAT ARE ELDERLY FRIENDLY, SUCH OPTIONS TO INCLUDE BUT NOT BE LIMITED TO, SEATBACK GRIPS, BARS, OR OTHER DEVICES OR MECHANISMS WHICH CAN BE HELD ONTO WHEN SITTING DOWN OR STANDING UP. ENACTMENT NUMBER: R-19-0514 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.15, please see "Order of the Day" and Item RE.1. City of Miami Page 81 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 RE.16 RESOLUTION 6889 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY MANAGER PURSUANT TO SECTION 35-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TO DESIGNATE AS A PLAY STREET, CLOSED TO VEHICULAR TRAFFIC, THAT PORTION OF SOUTHWEST 5TH STREET BOUNDED BY SOUTHWEST 3RD AVENUE TO THE EAST AND THE WESTERN LIMITS OF THE 1-95 LIMITED ACCESS RIGHT-OF-WAY TO THE WEST, ABUTTING THE FLORIDA DEPARTMENT OF TRANSPORTATION'S 1-95 RIGHT-OF-WAY CURRENTLY IMPROVED AS A PART OF JOSE MARTI PARK, TO THE NORTH AND SOUTH ("PLAY STREET"), WITHIN FOURTEEN (14) DAYS OF ADOPTION OF THIS RESOLUTION BY THE CITY COMMISSION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE DIRECTOR OF MIAMI- DADE'S DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS; FURTHER DIRECTING THE CITY MANAGER TO TRANSFER ALL CONSTRUCTION AND MAINTENANCE OBLIGATIONS OF THE PLAY STREET TO THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION UPON APPROVAL AND CONSTRUCTION OF THE SAME. ENACTMENT NUMBER: R-19-0515 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.16, please see "Public Comment Period for Regular Items" and Item RE.1. City of Miami Page 82 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 RE.17 RESOLUTION 6879 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ESTABLISHMENT OF A PERMANENT SENIOR RENTAL ASSISTANCE PROGRAM, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO ASSIST ELIGIBLE LOW INCOME CITY OF MIAMI ("CITY") SENIOR RESIDENTS IN MITIGATING RENT INCREASES; ALLOCATING AND APPROPRIATING THE FUNDS GENERATED EACH YEAR, SUBJECT TO THE AVAILABILITY OF FUNDING AT THE TIME OF NEED, FROM THE APPLICABLE HISTORIC PRESERVATION SCHEDULE OF FEES PAID INTO THE PUBLIC BENEFITS TRUST FUND, IN ORDER TO FUND THE SENIOR RENTAL ASSISTANCE PROGRAM, IN FURTHERANCE OF THE SENIOR RENTAL ASSISTANCE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S), IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA, AND LOCAL LAWS. ENACTMENT NUMBER: R-19-0516 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item RE.17, please see "Public Comment Period for Regular Items," and Item RE.1. Commissioner Carollo: Can I -- before you do that, can I just introduce to the record, 10 seconds -- Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: -- this --? It's an item we passed already, RE. 16, designating a portion of Southwest 5th Street as a play street in Little Havana. And I have a letter here from Commissioner Higgins that was sent that she was supporting the motion that this Commission approved, along with the Miami -Dade County Department of Transportation and Public Works Director Alice Bravo is also supporting it. So hopefully nobody's going to give us any problems, and we could close the street for the neighborhood. Commissioner Diaz de la Portilla: Thank you, Commissioner Carollo. I'll show it introduced. We're now in the Planning and Zoning meeting. Is the tape ready, or whatever technology you use here in City Hall? Commissioner Reyes: Hold on. Commissioner Carollo: Is this an audition you're doing for -- Commissioner Reyes: Yes. Commissioner Carollo: -- Vice Chair or what? City of Miami Page 83 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 RE.18 RESOLUTION 6895 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE APPOINTMENT AND COMPENSATION OF JOHN ELIZABETH ALEMAN AS THE EXECUTIVE DIRECTOR OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("MIAMI DDA"). MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: Item RE.18 was continued to the January 9, 2020, Regular Commission Meeting. Note for the Record: For minutes referencing Item RE.18, please see "Order of the Day" "Public Comment Period for Regular Items," and Item RE.1. RE.19 RESOLUTION 6896 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE MOTORIZED SCOOTER PILOT 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 FOR A 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. ENACTMENT NUMBER: R-19-0520 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item RE.19, please see Item RE.1. Chair Russell: Actually, I have a family obligation later that I'm trying to juggle around and I'm trying to get to. The only thing I must absolutely have passed this evening is the Scooter Pilot Program. If it's not extended, it actually dies this month, and 7,000 rides a day actually stops. So with the will of this board, I'd like to take this item up. That's RE. 19. Commissioner Hardemon: Mr. Chairman? Commissioner Diaz de la Portilla: So move. So moved. City of Miami Page 84 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: Thank you. There's a motion; seconded by the Chair; open for discussion. Commissioner Hardemon. Commissioner Hardemon: I was just -- I was trying to -- Commissioner Reyes: Can anybody tell me where we're at? Chair Russell: Yes. Commissioner Diaz de la Portilla: The scooter. Chair Russell: Yes. We're dealing with -- Commissioner Reyes: Oh, you want to squeeze it when I wasn't here, huh? Chair Russell: Your favorite, your favorite. Commissioner Reyes: You wanted to squeeze it while I wasn't here. Chair Russell: There's a -- there's about a -- yeah. This program actually is on -- currently on extension. The Administration has been crafting actually a very good RFP (Request for Proposals) proposal. It's not fully baked yet. I'd like it to be ready when it comes to you with all the learnings of the last -- whatever we're on -- eight months now of the program, but if we do not have an extension this month, the program dies, and 7,000 rides a day stops. The right now on track for $1 million a year revenue for the City stops. Commissioner Diaz de la Portilla: Mr. Chairman? Chair Russell: And so -- Commissioner Diaz de la Portilla: Will you accept a friendly amendment? Chair Russell: Yes. Commissioner Diaz de la Portilla: That we extend till February 1 of 2020? Chair Russell: That would be a one- -- two -month extension; am I correct? Commissioner Diaz de la Portilla: Almost two months, yeah. Chair Russell: All right. Commissioner Carollo: I didn't take my smart pill today. Chair Russell: Sorry. Commissioner Carollo, we are looking at RE.19, the Scooter Pilot Program. It's been moved and seconded, with a friendly amendment to extend instead of four months to February 20, which would allow us -- Commissioner Diaz de la Portilla: February 1. Chair Russell: -- at the February 13 meeting to come with an RFP or extend as necessary if that's the will of the board. Commissioner Carollo: Okay. Commissioner Reyes: But RE.19 says what they're doing is that you want to -- City of Miami Page 85 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: The mover -- the seconder obviously accepts the amendment. Commissioner Carollo: Who's the second? Chair Russell: Mover, seconder. Commissioner Carollo: Oh, okay. Chair Russell: So I know very well where you are, Commissioner, and I understand Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: Here's what I'm willing to offer -- Commissioner Diaz de la Portilla: Mr. Chairman, Mr. Chairman (UNINTELLIGIBLE). Chair Russell: -- before your comments, ifI could, ifI could? Commissioner Diaz de la Portilla: Mr. Chairman? Chair Russell: Yes, sir. Commissioner Diaz de la Portilla: In Tallahassee, we never take long bathroom breaks. We never do that; just for future reference. It's my first day, but I'm just giving you a little hint. Chair Russell: You have a special --? Commissioner Diaz de la Portilla: You never take long bathroom breaks in Tallahassee. Commissioner Hardemon: There's a bunch of (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) -- you know, motions are made and things happen. Chair Russell: That's why we have speakers in the bathrooms, so you know how fast you have to get back. Commissioner Hardemon: We also have the Sunshine Law down here, so. Chair Russell: Let me say this, gentlemen. Let me say this. Let me say this, please. If by February 20, when this program ends, the Administration has not implemented the amendments that were put in place at the original exten -- the first extension that should be alleviating the problems you're feeling, we will stop this program. Commissioner Diaz de la Portilla: Okay. Chair Russell: And the main thing is we should not be seeing them in other districts. And I have yet to see the serial numbers implemented in an appropriate way. I'm seeing groups and gangs of scooters, kids riding purposely recklessly in traffic. And if this does not stop, I'll be right there with you to kill the program. But it can be controlled if the Administration implements the Serial Number Program and education campaigns so that the public knows how to report bad riding, children riding, reckless riding; and also, the hubs. There were supposed to be -- this was in City of Miami Page 86 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 the amendment -- both Public Works and Parks were supposed to come with a full report of locations in the rights -of -way in parks where we could draw a box on the ground and put signage that incentivizes riders and the companies to leave them there; not all over the place. None of this has been done. This has been done in other cities successfully; and so, if by February 20, those two major things aren't implemented, I'll be with you to kill the program. Commissioner Reyes: Okay, sir. And may I speak now? Chair Russell: Yes. Commissioner Reyes: I know that you don't want me to talk about this. Chair Russell: I really don't. Commissioner Reyes: But I -- I know, I know. Chair Russell: But will -- Commissioner Reyes: I can read you like a book. Chair Russell: -- it is my obligation -- Commissioner Reyes: I can read you like a book, man. Chair Russell: -- to allow you. Commissioner Reyes: I mean, and I -- if you had the chance, you'd be talking for three hours, you see? Okay. Now -- Chair Russell: Please, Commissioner, you're recognized, of course. Commissioner Reyes: Yes. I am glad that -- oh, you're feeling the same problems that we have felt -- that we're feeling with the Administration. Nothing have been done; that the (UNINTELLIGIBLE), it hasn't been implemented, what you demanded. But I want to -- I want once again reiterate that I don't want to have this in my conscience. And I'm only going to give you just an example of why I think that this is a bad -- real bad program. There are a lot of people that have been hurt. Major cities, they have banned it, because they leave it every place in the -- you don't see it in Flagami, because they don't come to Flagami. But if they come to Flagami, they're going to be picked and taken to the dump, you see? And -- but when you drive -- if you're driving along Biscayne Boulevard, by Bayfront Park, you see little kids riding on them. You -- right here in Coconut Grove, you see little kids riding. This is an accident waiting to happen, a death waiting to happen. And I remember back some days or years ago -- maybe you were -- at that time, you were skating, you don't remember, but there was an automobile made by Ford. It was called Ford Pinto. And about five, six people were killed, and they were banned. They were discontinued. We have more than that number of deaths because of the scooters. You see, I know that you love that program, because you are a firm believer in the first mile and the second mile, which is -- I think it's total nonsense, which it's not used for that. It is used by juveniles, you see, that the parents -- if you don't fine the parents, you see, you're going to keep on having -- they just rent it and they give it to them. I have seen a 14-, 1 S year -old riding with a three- or four -year -old in front of them. And you may -- I bet you have seen it. If you have seen it, how can you still be --? You see, I don't want that on my conscience. Just -- I am going to go along with the extension, but better do something that -- about it that I don't see it in the middle of the streets, that I don't see it blocking the sidewalks, that I don't see them riding City of Miami Page 87 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 and where -- the pedestrians that they are using the sidewalks, they have to jump out of their way, because if not, going to be hurt, you see? I think that we had a -- (UNINTELLIGIBLE) was here, I think, that -- I think it's her sister were run over by one of those, okay? I mean, it is not that I have -- Eloy, I think his son fell from one and broke his elbow. I mean, it is not that I -- that's something that I'm just creating, sir. It is a fact. Even Paris, in Paris, they outlawed them; Nashville; every -- I mean, because they are -- they get out of hand, okay? February 20? Chair Russell: Commissioner, there's a -- there's actually a Commission meeting on the 27th, so if it's the 20th, we wouldn't make it to that meeting. Is the -- Commissioner Reyes: 27th then. Chair Russell: -- 29th an option? That way, we could have the 27th meeting to -- yes or no? Commissioner Diaz de la Portilla: Well, I would like it earlier then, because I said February 1 to get us past some events, like the Super Bowl, and other events. Chair Russell: Uh-huh. Commissioner Diaz de la Portilla: But if we could do earlier in February, it'll be better. Chair Russell: The -- you actually had said the 20th. Commissioner Diaz de la Portilla: I said the 1st. I said the 1st. Chair Russell: Oh, I apologize. I heard you say -- Commissioner Diaz de la Portilla: Yes, I said February 1. Commissioner Reyes: Oh. I thought it was 20. Chair Russell: I definitely heard the 20th, because then we could take it up on the -- I was hoping for the February 29, so we that we could take it up, at the latest, on the 27th meeting. If it's February 1 is where you're looking for now, that would only give us the January 9 and January 23 meeting to finalize the RFP. February -- Commissioner Diaz de la Portilla: How about -- Chair Russell: Go ahead. Commissioner Diaz de la Portilla: -- the first week of February? Chair Russell: All right. Commissioner Diaz de la Portilla: The first meeting; the first meeting in February. Chair Russell: The first meeting of February is the 13th, so that means if we cancel it on the 14th, we have the 13th to vote. So -- all right. If we don't have this sorted by Valentine's Day, it's done. But we have an extension through February 14 if -- with this amendment; seconder accepts. And I would like to add there's supposed to be within the amendment a $100 fine implemented for any parent that's caught allowing the child to use it, and that amendment was made by -- through the serial number you can recognize if -- someone who is not the user, because now they have their driver's license on record and we have a photo with a time stamp, and a serial City of Miami Page 88 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 number of the user in that moment who's either under age or reckless riding. That user is supposed to get a $100 fine. I really need us to figure out how that system works; whether we're fining the company, the company's fining the end user, they're cancelling their account. It really needs to be a serious enough offense to deter the bad behavior. And then we need an education campaign, of which we have plenty of money in this fund now to fund that education campaign if necessary, that says, "No kids on scooters, " because parents still don't even know that it's illegal. And we need -- and also, we need an education campaign on how to report bad scooter usage. So between those two things, the serial number and the hubs in parks and rights -of -way, I think we have a chance to deter the risks that I share -- the concerns that I share with Commissioner Reyes over someone getting hurt. And for the record, still, to this day, no fatalities on scooters in the City of Miami. Commissioner Reyes: But broken bones, yes. Chair Russell: I broke two last week at the skate park, so. Commissioner Reyes: You see, but -- Can I ask just a simple question? Why are you so much in love with this? I mean, you love this, and you defend this like -- my God -- it was the eighth wonder of the world. Chair Russell: It's -- Commissioner Reyes: I mean, it's -- I don't understand. You know, there is a probability that somebody's going to fall and break their neck, and you're still behind it. I don't -- I can't understand it, man. Chair Russell: I -- you know how I appreciate that, because -- Commissioner Reyes: Please educate me. Chair Russell: -- the HOA (Homeowners Association) -- so -- and this is how complicated this is for me as an elected to support something like this. The standard practical HOA President or activist is not necessarily the target market. In the target market, 7,000 riders a day are not coming here to support this Commissioner or sending emails. So, yes; the majority of what we hear is negative. And the clutter is true. It is definitely negative. So I believe that we can mitigate it. If 7,000 rides are happening in a day and I can reduce or eliminate children riding, reckless riding, I do believe it's a solution from the bus stop or the train to work or from work to lunch, or from lunch to home. My brother-in-law doesn't have a car anymore. He rides the trolley to work and a scooter home every day. Commissioner Reyes: Well, good for him. Chair Russell: And -- Commissioner Reyes: But -- Chair Russell: -- he 's not a kid. Commissioner Reyes: -- you are bringing out the activist in you, right? Chair Russell: No, because the activists actually are against (UNINTELLIGIBLE). Commissioner Reyes: The revolutionary (UNINTELLIGIBLE) -- no, no, I'm just asking. City of Miami Page 89 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: Right. So it has been a difficult issue for me to support in the face of rightful concern, and sometimes even anger, but I do believe in it. And I believe if we get it right in a way that other cities haven't, it could be a solution for us; but if we don't, I'll be with you and we'll kill it. So I appreciate the amendment. February 14 is the deadline. We'll work on the RFP. There's been a motion; there's a second. Is there any further discussion? And this is a resolution, so we don't need to read. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. RE.20 RESOLUTION 6917 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ADMINISTRATION TO NOT SCHEDULE ANY EVENTS IN A COMMISSIONER'S DISTRICT WITHOUT FIRST COMMUNICATING WITH THE DISTRICT COMMISSIONER'S OFFICE TO DETERMINE THE COMMISSIONER'S AVAILABILITY TO PARTICIPATE IN THE EVENT. ENACTMENT NUMBER: R-19-0517 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.20, please see Item RE.1. RE.21 RESOLUTION 6913 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00) TO THE BAY OF PIGS MUSEUM AND LIBRARY OF THE "2506 BRIGADE", INC., A FLORIDA NOT FOR PROFIT CORPORATION, IN SUPPORT OF THE BRIGADA 2506 HISTORIC EDUCATION PLAN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0518 City of Miami Page 90 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.21, please see "Public Comment Period for Regular Items" and Item RE.1. END OF RESOLUTIONS City of Miami Page 91 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 SR.1 6357 Commissioners and Mayor SR - SECOND READING ORDINANCES ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY REPLACING THE TERM "SPECIAL MASTERS" TO "SPECIAL MAGISTRATES" THROUGHOUT CHAPTER 2/ARTICLE X TO BE CONSISTENT WITH CHAPTER 162, FLORIDA STATUTES, AND BY ESTABLISHING A NEW SECTION 2-830, TITLED "ALTERNATE CODE ENFORCEMENT SYSTEM"; PROVIDING FOR THE ADOPTION OF AN ALTERNATE CODE ENFORCEMENT SYSTEM THAT GIVES SPECIAL MAGISTRATES THE SAME AUTHORITY AS THE CODE ENFORCEMENT BOARD TO HOLD HEARINGS AND IMPOSE FINES, COST, LIENS, AND OTHER NON -CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY CODE; PROVIDING FOR THE QUALIFICATIONS, APPOINTMENT, POWERS, COMPENSATION, AND RETENTION OF SPECIAL MAGISTRATES; CLARIFYING THE ROLE OF THE CITY ATTORNEY WITH RESPECT TO SPECIAL MAGISTRATES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13881 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon City of Miami Page 92 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 SR.1 6357 Commissioners and Mayor ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY REPLACING THE TERM "SPECIAL MASTERS" TO "SPECIAL MAGISTRATES" THROUGHOUT CHAPTER 2/ARTICLE X TO BE CONSISTENT WITH CHAPTER 162, FLORIDA STATUTES, AND BY ESTABLISHING A NEW SECTION 2-830, TITLED "ALTERNATE CODE ENFORCEMENT SYSTEM"; PROVIDING FOR THE ADOPTION OF AN ALTERNATE CODE ENFORCEMENT SYSTEM THAT GIVES SPECIAL MAGISTRATES THE SAME AUTHORITY AS THE CODE ENFORCEMENT BOARD TO HOLD HEARINGS AND IMPOSE FINES, COST, LIENS, AND OTHER NON -CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY CODE; PROVIDING FOR THE QUALIFICATIONS, APPOINTMENT, POWERS, COMPENSATION, AND RETENTION OF SPECIAL MAGISTRATES; CLARIFYING THE ROLE OF THE CITY ATTORNEY WITH RESPECT TO SPECIAL MAGISTRATES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13881 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Commissioner Diaz de la Portilla: Mr. Chairman. Chair Russell: Yes, Commissioner. Commissioner Diaz de la Portilla: I move to reconsider SR.1. Chair Russell: SR.1. Commissioner Diaz de la Portilla: Yes, sir. Chair Russell: Special Master Program. Commissioner Diaz de la Portilla: Yes, sir. Ms. Mendez: There was a sunset date missing. I'm sorry. I did not give that date -- Commissioner Diaz de la Portilla: Sunset provision. Ms. Mendez: -- on the record. Commissioner Diaz de la Portilla: To add a sunset provision. City of Miami Page 93 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: Understood. So there was a favorable vote on the item, but there was a missing portion. So there's a motion to reconsider SR.1, seconded by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. SR.1, is there a motion to pass SR.1 and is there an amendment? Ms. Mendez: With the sunset date, but the sunset date, I don 't have the actual date. Commissioner Diaz de la Portilla: Well that's important. Commissioner Carollo: December -- Commissioner Reyes: (UNINTELLIGIBLE) 1. Ms. Mendez: December 2020? Is that the date? Commissioner Carollo: April 1. Commissioner Diaz de la Portilla: April 1. Commissioner Carollo: April 1. Commissioner Diaz de la Portilla: December -- Unidentified Speaker: April Fool's. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Ms. Mendez: Does anybody know? Joseph Napoli (Deputy City Manager): Commissioner, I believe that there is an agreement -- Commissioner Carollo: She had December 31. Mr. Napoli: Right. Commissioner Carollo: That 's what it is. Mr. Napoli: December 31. Commissioner Carollo: December 31. Mr. Napoli: Yes. Commissioner Carollo: 2020. Mr. Napoli: 2020, December 2020. Commissioner Carollo: It sunsets -- Chair Russell: A one-year pilot basically. Commissioner Carollo: -- automatically -- City of Miami Page 94 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Napoli: It's one year. Commissioner Reyes: Automatic (UNINTELLIGIBLE). Commissioner Carollo: -- and will not be coming back. That's part of the motion, correct? It sunsets and will not come back. Commissioner Diaz de la Portilla: That's part of my motion, yes. Unidentified Speaker: That's not my motion. Mr. Napoli: Well I'm just saying (UNINTELLIGIBLE) -- Unidentified Speaker: (UNINTELLIGIBLE). Mr. Nunez: What we agreed on was the date was December 31, 2020. Chair Russell: All right. Well, hopefully, we can clear through some of the backlog. Ms. Mendez: So December 31, 2020? Commissioner Reyes: Yes. Ms. Mendez: Okay. Thank you. Chair Russell: Thank you, not 2019. Ms. Mendez: No. Chair Russell: That would be very quick. Ms. Mendez: 2020. Commissioner Carollo: Well, what I do want to ask is that if you finish the bad blood that was created before that you let us know so that if we could sunset it earlier, we don't have to carry it just for the sake of carrying and have two boards. Mr. Napoli: Understood. Commissioner Carollo: Okay? Unidentified Speaker: Understand. Chair Russell: Commissioner Diaz de la Portilla, I take that as a motion. Commissioner Diaz de la Portilla: Yes, sir. Commissioner Carollo: Yes. Chair Russell: Thank you, with amendment. Commissioner Reyes: I just want to make a comment on it. Chair Russell: Seconded by the Chair; open for discussion. Commissioner Reyes: I -- the other day we receive some sort of a suggestion that the Code Enforcement Board meet -- instead of meeting two times will meet three times City of Miami Page 95 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 a month. And I -- one thing that came to my mind is that we are asking a lot from these boards and we should provide some type of -- some sort of incentive, and I'm throwing this to the Administration to consider a way that we could incentivize these people, because sometimes the board -- the Code Enforcement Board, they don't have quorum, you see. It's my opinion that if we provide some incentives for participating that we will have more quorum. And if we are going to add another date, that should be an incentive. I'm just throwing this out there so the Administration could analyze it and see if it is possible, and how much it will cost. Mr. Napoli: We will do that, Commissioner. Chair Russell: Thank you very much. There 's a mover and a seconder with amendment. Any further discussion? Commissioner Carollo: Would you like to speak? Patricia Arias: Patricia Arias. I happen to be the attorney for the Code Enforcement Board. We already meet three times a month. Commissioner Reyes: You already do? Ms. Arias: Yes, we do. We meet the first Thursday and it's usually the second -- Commissioner Reyes: Do you have quorum all the time? Chair Russell: Commissioner, your microphone, please. Commissioner Reyes: Oh, I'm sorry. Do you have quorum all the time? Ms. Arias: Currently, we do have quorum. If you appoint more people, we'll definitely always have quorum, because right now we 're at six. Commissioner Reyes: But they have -- they are -- well, I don't know. I have appointed all of my -- I don't know. There are some Commissioners that haven't appoint their -- Ms. Arias: I believe so. I'm not positive about that. Commissioner Reyes: Well, you should say it out loud so they '11 (UNINTELLIGIBLE). Ms. Arias: Well I'm saying it out loud. Chair Russell: Mr. Clerk, can you let any Commissioners know if they're missing appointments to the Code Enforcement Board over this week, please? Ms. Arias: But we do meet three times a month already and we handle all types of hearings during the three meetings, which is the first Thursday, usually the second Wednesday, and then either the second to last or last Wednesday, depending on how the calendar runs. Commissioner Reyes: Wow, my goodness. Chair Russell: Thank you. Commissioner Reyes: We're asking a lot from our board members. Remember, this is voluntary. City of Miami Page 96 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Ms. Arias: I agree. Commissioner Reyes: That's right. Chair Russell: Thank you. There's been a motion, a second, an amendment with a sunset. Is there any further discussion? Would you like to say something? Adele Valencia (Director, Code Compliance): Well, just to thank our Code Enforcement Board volunteers. They're some of the finest, most generous volunteers in the City, and as the counsel for the board pointed out, they serve diligently. I'm sorry. I'm Adele Valencia, Director of Code Compliance. So I just want to honor them and thank them, and thank you for your consideration of this. We agree on the record to sunset it in the event that it doesn't -- it's not required, because our preference is, you know, adjudication by the jury of our peers, which is the Code Enforcement Board, so thank you. Chair Russell: Thank you. All in favor of SR.1, say "aye." The Commission (Collectively): Aye. Chair Russell: You guys are falling asleep. Commissioner Diaz de la Portilla: Aye. Chair Russell: Any opposed? Motion passes. Commissioner Reyes: A lot of people are getting weak. Chair Russell: SR.1. Coffee, pass it around. City of Miami Page 97 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 SR.1 6357 Commissioners and Mayor ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY REPLACING THE TERM "SPECIAL MASTERS" TO "SPECIAL MAGISTRATES" THROUGHOUT CHAPTER 2/ARTICLE X TO BE CONSISTENT WITH CHAPTER 162, FLORIDA STATUTES, AND BY ESTABLISHING A NEW SECTION 2-830, TITLED "ALTERNATE CODE ENFORCEMENT SYSTEM"; PROVIDING FOR THE ADOPTION OF AN ALTERNATE CODE ENFORCEMENT SYSTEM THAT GIVES SPECIAL MAGISTRATES THE SAME AUTHORITY AS THE CODE ENFORCEMENT BOARD TO HOLD HEARINGS AND IMPOSE FINES, COST, LIENS, AND OTHER NON -CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY CODE; PROVIDING FOR THE QUALIFICATIONS, APPOINTMENT, POWERS, COMPENSATION, AND RETENTION OF SPECIAL MAGISTRATES; CLARIFYING THE ROLE OF THE CITY ATTORNEY WITH RESPECT TO SPECIAL MAGISTRATES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13881 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Chair Russell: All right. Madam City Attorney, take a deep breath; if you could read for us the ordinances that are before us, SR (second reading) and FR (first reading). Obviously, we don't have SR.6 or 8 to deal with, but we do have SRs. ], 2, 3, 4, 5, 7, and 9; as well as FR.1, 2, 3, 4, 5, and 6. Gentlemen, this will give you a moment, as well, while the State Attorney [sic] reads these ordinances into the record. Victoria Mendez (City Attorney): So before I read everything, I'd like to give you some substitutions then if I'm going to read them all together, if we're going to -- Chair Russell: Of course, that's fine. Ms. Mendez: Okay. So for FR.2; FR.2, you've all received a copy of the substitution, and I will tell you what it is. It is the change in the definition to "waste broker," and it is the effective date of 90 days. So you have that already with you, okay? So that will be as amended. And then for FR.1; FR.1, the one about the survey, the alcohol surveys, I will pass that out to you now, but the legislation will change to, "Has provided to the City an alcohol survey that is fraudulent or false." Chair Russell: Understood. City of Miami Page 98 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Ms. Mendez: Okay. So that is what am going to pass out to you for a moment, and then I'll read everything. Chair Russell: Thank you. Ms. Mendez: SR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.5. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.7. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.9. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Do you want me to read the FRs, as well? Chair Russell: Yes, please. Yes, please. Ms. Mendez: FR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.5. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 99 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Ms. Mendez: FR.6. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: For FR. 6, if we could clarify, just clarify that everybody understands that the printing -- the one with the printing deadline be, if we could just discuss that when it conies up again. Thank you. Chair Russell: Would you need an amendment for that to clam in the clarification? Ms. Mendez: I think we just need to all be on the same page when that print deadline would be, so I just wanted to clarify that. But we have a whole lot of items, and when we get to it, we could discuss it further. Chair Russell: Thank you. Well, we have read into the record all of the second reading ordinances and the first reading ordinances. We've also already had public comment on all of these, so I welcome from the dais any vote individually or block if there is anything. SRs.1, 2, 3, 4, 5, 7, 9; and FRs.1, 2, 3, 4, 5, and 6. So it has been moved by Commissioner Diaz de la Portilla for the block of both the SRs and the FRs; is that correct? Commissioner Reyes: The FRs and the SRs. Chair Russell: Yes, the remaining, so not 6 or 8. Commissioner Reyes: Or 3 (UNINTELLIGIBLE). Chair Russell: Not SR. 6 and not SR.8, but SRs.1, 2, 3, 4, 5, 7, and 9; and FRs.1, 2, 3, 4, 5, and 6. If there's any of those that you'd like to pull specifically for amendment, discussion, or to vote other -- in a different direction. Executive -- Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes. Commissioner Hardemon: I certainly want to make some amendments to FR.2, and I want to have some discussion on FR.3, possibly with some sort of amendment if the board is willing to. Chair Russell: Would you like to pull them and deal with them separately? Commissioner Reyes: FR.2. Commissioner Hardemon: Yeah, that'd be great. Chair Russell: All right. So we'll pull out FR.2 and FR.3, with the will of the mover; is that all right? Commissioner Diaz de la Portilla: Yes, sir. Chair Russell: All right. So in that case, at the moment, we are moving SRs.1, 2, 3, 4, 5, 7, 9; FRs.1, 4, 5, and 6. Is there a second? Commissioner Hardemon: Second it. Chair Russell: Seconded by Commissioner Hardemon. All right. City of Miami Page 100 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Joseph Napoli (Deputy City Manager): Mr. Chairman, before -- can I make one change? Chair Russell: You're recognized, of course. Mr. Napoli: Yes, sir. Mr. Chairman, on FR. 6, we don't have a time of print. Chair Russell: A print time? Mr. Napoli: A print time. Chair Russell: So, yeah, Madam City Attorney asked for that clarification. Is that something that's needed in order for the ordinance to be passed? It's first reading. Is this something we could work on between first and second, Madam City Attorney? So we can work on that between first and second, with an amendment to set a date for print so that we'd understand exactly how that'll work. I mean, do you need a definition for "print deadline"? Or -- Ms. Mendez: So we'll -- that's a perfect suggestion. We'll work on it between first and second between the Administration and Commissioner Carollo's office, because we just have to -- 'print deadline" is like a 24-hour-type amorphous period, so we just have to clam that. So we'll -- Chair Russell: Well, what if there were a submission deadline? Ms. Mendez: So -- Chair Russell: That is the cutoff date -- cutoff moment -- Commissioner Diaz de la Portilla: Right. Chair Russell: -- so that the Administration can do everything it needs to do for printing from that point on -- Ms. Mendez: Right. Chair Russell: -- and printing can't be stopped. Ms. Mendez: So we'll work with the sponsor to get that -- Chair Russell: Okay. Ms. Mendez: -- narrowed out between first and second. Chair Russell: So you don't need an amendment at this point? Ms. Mendez: Right. Chair Russell: All right. So, Commissioner Hardemon, we pulled FR.2 and 3. So the motion on the floor, Commissioner Carollo, is for SRs.1, 2, 3, 4, 5, 7, and 9; and FRs.1, 4, 5, and 6. Are there any comments from the dais, amendments? Commissioner Reyes: I want to -- Chair Russell: Yes, sir. Commissioner Reyes: -- co-sponsor FR.5 (UNINTELLIGIBLE). City of Miami Page 101 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: Which one? Commissioner Reyes: Co-sponsor FR. 5. Chair Russell: FR. 5, the public storage facility moratorium Commissioner Reyes: That's right. Chair Russell: -- co-sponsorship request by Commissioner Reyes. Any other comment? Commissioner Diaz de la Portilla: I'll co-sponsor FR.3, Mr. Chairman. Chair Russell: Yes. I'm watching the Clerk note this now. You're solid? Todd B. Hannon (City Clerk): Yes, sir. Commissioner Diaz de la Portilla: FR.3. Commissioner Reyes: Yes, so would I Chair Russell: All right; Commissioner Reyes as well on FR.3, amending the Code, Chapter 2, Lesbian, Gay, Bisexual, Transgender, Queer Advisory Board. Commissioner Reyes: Yes, sir. Chair Russell: All right. Are there any further --? Commissioner Reyes: No. Chair Russell: All right. Any further comment on any of the items? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes for the remaining SR and FR, except for FR.2 and 3, which we will take up now. SR.2 ORDINANCE Second Reading 6749 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL," BY ESTABLISHING A NEW SECTION 38-24, TITLED "NAMING OF CHARLIE DELUCCA PARK," THEREBY NAMING THE PARK LOCATED AT 455 NORTHWEST 47 AVENUE, MIAMI, FLORIDA AS "CHARLIE DELUCCA PARK"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13882 City of Miami Page 102 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item SR.2, please see Item SR.1. SR.3 ORDINANCE Second Reading 6644 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II/SECTIONS 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO CLARIFY HOW MATTERS MAY BE SPONSORED BY AN ELECTED OFFICIAL; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13883 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item SR.3, please see Item SR.1. SR.4 ORDINANCE Second Reading 6820 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS AND SIDEWALKS;" MORE PARTICULARLY BY AMENDING ARTICLE I, SECTION 54-3, TITLED "IN GENERAL/PERMIT REQUIRED FOR WORK THAT OBSTRUCTS OR CLOSES A STREET, SIDEWALK, OR IMPEDES TRAFFIC; FEES; WAIVER OF FEES," AND ARTICLE II, SECTION 54-41, TITLED "CONSTRUCTION, EXCAVATION, AND REPAIR/EXCAVATIONS," TO PROHIBIT PERMITS FOR RIGHT- OF-WAY CLOSURES AND OBSTRUCTIONS AND EXCAVATION FOR APPLICANTS OR THEIR CONTRACTORS OR AGENTS THAT HAVE OUTSTANDING FINES, DEBTS, OR DELINQUENCIES RELATED TO PREVIOUS WORK IN PUBLIC RIGHTS -OF -WAY; PROVIDING FOR NOTIFICATION TO APPLICANTS FOR DENIALS OF PERMITS DUE TO OUTSTANDING FINES, DEBTS, OR DELINQUENCIES OWED BY THEIR SUBCONTRACTORS OR AGENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13884 City of Miami Page 103 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item SR.4, please see Item SR.1. SR.5 ORDINANCE Second Reading 6561 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II/SECTION 2-32 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/TIME AND PLACE OF MEETING," TO CLARIFY WHEN PLANNING AND ZONING ITEMS MAY BE ADDRESSED BY THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13885 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item SR.5, please see Item SR.1. City of Miami Page 104 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 SR.6 ORDINANCE Second Reading 6663 Commissioners and Mayor AN ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 6/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ANIMALS/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 6-4, TITLED "SHOOTING, TRAPPING, ETC., BIRDS PROHIBITED; EXCEPTION," TO ALLOW FOR THE RELOCATION OF PEAFOWL, A FLORIDA NON-NATIVE SPECIES, IN A MANNER THAT DOES NOT PHYSICALLY INJURE OR HARM THE PEAFOWL; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO IMPLEMENT A PEAFOWL MANAGEMENT PLAN TO RELOCATE PEAFOWL IN A HUMANE MANNER, SUCH MANAGEMENT PLAN SHALL BE SIMILAR TO THE PLAN DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: Item SR.6 was continued to the January 9, 2020, Regular Commission Meeting. Note for the Record: For minutes referencing Item SR.6, please see "Order of the Day" and Item SR.1. SR.7 ORDINANCE Second Reading 6596 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC BEVERAGES;" MORE PARTICULARLY BY AMENDING SECTION 4-5 OF THE CITY CODE TO ADD AN EXCEPTION TO DISTANCE SEPARATION FROM RELIGIOUS FACILITIES IN THE LIBERTY CITY AND LITTLE HAITI SPECIALTY DISTRICTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13886 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item SR.7, please see Item SR.1 City of Miami Page 105 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 SR.8 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item SR.8, please see "Order of the Day" and Item SR.1. SR.9 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. ENACTMENT NUMBER: 13887 City of Miami Page 106 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item SR. 9, please see Item SR.1 END OF SECOND READING ORDINANCES City of Miami Page 107 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 6925 Commissioners and Mayor AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ALCOHOLIC BEVERAGES" MORE PARTICULARLY BY CREATING NEW SECTION 4-13 TITLED "ENFORCEMENT" TO PROVIDE THAT AN ALCOHOL SERVICE ESTABLISHMENT SHALL NOT BE ENTITLED TO THE WAIVER OF ANY DISTANCE REQUIREMENTS PROVIDED IN SECTIONS 4-4 THROUGH 4-6 OF THE CITY CODE WHEN THE OWNER, AGENT OR EMPLOYEE OF THE ALCOHOL SERVICE ESTABLISHMENT HAS KNOWINGLY PROVIDED A FRAUDULENT OR FALSE ALCOHOL SURVEY TO THE CITY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item FR.1, please see Item SR.1. Chair Russell: DI6, discussion; Independent Traffic and Environmental Studies Implementation Plan. Commissioner Hardemon: (UNINTELLIGIBLE) question. Chair Russell: Commissioner Hardemon, you 're recognized. Commissioner Hardemon: We -- the pocket item that was sponsored by Commissioner Carollo regarding the -- Commissioner Carollo: Excuse me? Commissioner Hardemon: No, it was the substitution. So not realizing that there was a substitution of FR.1, there's a very big difference in FR.1 that is submitted to us as a pocket item -- substitution item that was submitted today versus what has been in the agenda, and that word is "knowingly." Chair Russell: Say it again. Commissioner Hardemon: The word is "knowingly." So just a -- Commissioner Carollo: The word is what? Commissioner Hardemon: Knowingly. Commissioner Carollo: Knowingly. Commissioner Hardemon: So the -- City of Miami Page 108 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: What item -- Victoria Mendez (City Attorney): Yes, it took out "knowingly." Commissioner Hardemon: Right. So -- Commissioner Carollo: -- are we talking about? Chair Russell: FR.1 -- Commissioner Hardemon: FR.1. Chair Russell: -- alcohol beverage, Chapter 4 amendment. Ms. Mendez: The survey. Commissioner Hardemon: So -- Right. Ms. Mendez: We took out the word "knowingly." Commissioner Carollo: Yeah. Commissioner Hardemon: And I'm -- Ms. Mendez: That was the -- Commissioner Hardemon: -- just seeing that right now. I didn't realize that that was -- I didn't realize there was a substitution, actually, on this item, but anyway -- So, basically, right now, as it passed -- and this is first reading, so I know it's going to come back, but I just want to make note of it; that we removed the word "knowingly." So now it reads that "No alcohol service establishment shall be entitled to the waiver of any distance requirements provided in Sections 4.4 through 4.6 of the City Code when the owner, agent, or employee of the alcohol service establishment has provided to the City an alcohol survey that is fraudulent or false." And so, ideally, this is all about bad behavior, stopping bad behavior -- Commissioner Carollo: Exactly. Commissioner Hardemon: -- but I just want to make a note that without having the word "knowingly," someone could have a false survey, and that false survey is through no fault of their own. Commissioner Carollo: Well Commissioner Hardemon: That's all I want to say. So we don't have to discuss it now. Commissioner Carollo: I understand that, but -- Commissioner Hardemon: I'm not going to go back and readdress it, because we have another reading. Commissioner Carollo: Commissioner, look -- Chair Russell: You're recognized. City of Miami Page 109 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: -- the requirements of the State are so liberal that it's extremely hard to be close to an establishment like that, because it's not a straight line, as you know. You've got to go all over the place, and if there's not a crossing walk, you might have to go for three blocks, and then back and crossing and back again, and you won't be 300 feet. The problem with the "knowingly" is that, you know, you're never going to convict anybody, because everybody will say, I didn't know." They'll blame it on the surveyor. They'll blame it on somebody. And they'll get away with it every time. Whereas, you're putting them on notice that no games are going to be played. You, the owner, are responsible. Commissioner Hardemon: Understood, but if an owner -- if a business owner is not a surveyor, and if a surveyor does something that is highly technical in nature -- Commissioner Carollo: But that -- Commissioner Hardemon: -- and it's wrong -- Commissioner Carollo: Yeah, but the survey is only for something official. You and I and any business owner could measure everything, and at worst, we could be maybe a foot or so off but this is so that someone can't claim they didn't know that they're 20, 30 feet, or whatever, off. And that's all thatl am saying. Commissioner Hardemon: Okay. We'll talk about it in second reading. Ms. Mendez: Are we done with the regular agenda? Chair Russell: Oh, I'm sorry. I didn 't -- I thought you were still talking, Commissioner Hardemon. Commissioner Carollo: No, no. We 're (UNINTELLIGIBLE). Chair Russell: I apologize. So that's something that can be addressed on second reading. It doesn 't need to be reconsidered right now. City of Miami Page 110 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 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," SPECIFICALLY SECTION 22-1, TITLED "DEFINITIONS," TO DEFINE SUBCONTRACTOR AND WASTE BROKER, 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 FRANCHISE; DECLARED PUBLIC NUISANCE; PRESUMPTION," TO PROHIBIT FRANCHISEES FROM CONTRACTING, SUBCONTRACTING, UTILIZING EQUIPMENT, OR ENTERING INTO BUSINESS RELATIONSHIPS WITH COMMERCIAL SOLID WASTE HAULERS THAT HAVE NOT BEEN AWARDED A FRANCHISE BY THE CITY OF MIAMI ("CITY") FOR PROVISION OF SERVICES TO COMMERCIAL AND MULTI -FAMILY PROPERTIES WITHIN THE CITY ("PURPOSE"); FURTHER AMENDING CHAPTER 22/ARTICLE II OF THE CITY CODE, TITLED "GARBAGE AND OTHER SOLID WASTE/REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION," SPECIFICALLY SECTION 22-46, TITLED "ENGAGING IN BUSINESS OF SOLID WASTE COLLECTION AND DISPOSAL; ISSUANCE OF FRANCHISE AGREEMENT TO PRIVATE SOLID WASTE COLLECTORS," FOR THE SAME PURPOSE; AND FURTHER AMENDING CHAPTER 22/ARTICLE IV OF THE CITY CODE, TITLED "GARBAGE AND OTHER SOLID WASTE/MAINTENANCE OF LOTS," SPECIFICALLY SECTION 22- 119, TITLED "EXEMPTIONS," FOR PROVISION OF AN EXEMPTION DURING A DECLARED STATE OF EMERGENCY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon Note for the Record: For additional minutes referencing Item FR.2, please see "Public Comment Period for Regular Items" and Item SR.1. Chair Russell: Commissioner Hardemon, you 're recognized. Commissioner Hardemon: Thank you. In FR.2, as you all know that I sit as the Chairman of the Solid Waste Advisory Committee, we had a meeting just this past weekend regarding this proposed legislation. Many of the members of -- well, some of the members from the Solid Waste Advisory Committee are present. If you're here, just raise your hand. And those who usually attend -- higher because -- oh, I can understand you got -- and there 's also some visitors who are usually there that are within this audience. And so, we had a robust discussion about what is here and much of it within the haulers who are here in the City of Miami and who have City of Miami Page 111 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 licenses, many of them -- most of them actually have -- probably all of them, so I don't want to have a negative statement, but probably all of them have an issue with what they call to be brokers. And the brokering tends to lend towards less revenue in the City of Miami. There 's some unfair competitive -- well, unfair advantages that come into play because of the brokering sort of situation. And so, they're trying to really put their hands around what brokering is. They know exactly what it is but how is it that we bring it to an end; brokering especially that deals completely with solid waste? And so, upon discussion, these are some of the things that we talked about. And I'm looking at the substitution item that you submitted, Commissioner Reyes. You amended the definition of "waste broker," but I want it to be clear that part of -- and I guess the City Attorney's Office can help us with this. There are two things that -- on that page, so that's the -- Page 2 of 6 of your amended legislation. First, within the definition of "waste broker," we want it to be clear that those who do not hold a franchise and makes revenue directly and substantially from solid waste services, that that sort of language be added to the waste brokers definition, because there are brokers that occur -- when you look at the definition of the word "waste broker," an individual -- that you have in your legislation -- including a natural person or entity who serves as a middleperson between other parties within the commercial solid waste hauling industry. The services of a waste broker as directed -- as herein defined rather, who utilizes city franchisees in a -- this is an addition that you just added. The services of a waster broker as herein defined, who uses city franchisees and/or subcontractors who have a City Commission awarded franchisee for servicing of commercial properties within the City of Miami are allowed under this chapter. I think that statement right there is -- the addition of that statement is exactly what they do not want. The franchisees, as I understand -- and we have some representatives here -- don't want to have to deal with brokers. They'd rather deal with customers, those who are the people that have the businesses that they're servicing. The brokers complicate the situation. Now -- so the first thing would be, in your amendment, it would be striking that sentence that's added that says that "Those who utilize city franchisees and/or subcontractors who have a City Commission awarded franchisee for services on commercial properties within the City are allowed under this chapter, " we want that to be stricken. Secondly -- Commissioner Reyes: That is your proposed -- Commissioner Hardemon: That's one of them and I'll tell you the rest of them so you know what they are. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Hardemon: Also, it was -- it's not my -- it was the Solid Waste Advisory Committee, those of us who have been meeting for the past six or seven -- about six years regarding these issues that come before the City Commission. Also, it was that those who do not hold -- as I repeat it -- those who do not hold -- in the definition, the waste broker will be those who do not hold a franchisee or franchise - - yeah, who are not a franchisee and they make revenue directly and primarily from solid waste services. The reason why "directly and primarily" is important is because there are other entities that actually deal with the franchisee. So, for instance, if it's a condominium or something of that nature, there may be a management company. That management company deals with a lot of other entities, including waste services. And so, they may be dealing with waste, but that's not how they primarily make revenue, or they may not make revenue at all. And so, there may be an entity that is -- that represents a condo association that deals with -- they do the contracting for waste, for landscaping, for a number of different things and they make -- they may make money from that, but their services is not primarily that of garbage, because what's happening and what we're frying to tackle is not all of them, but just the people who are in the industry that are making their revenue City of Miami Page 112 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 directly from -- their primary revenue directly from garbage; and so, that is another one. In the above definition of "subcontractor," the last sentence says that subcontractor is used by franchisees to perform commercial waste hauling services, including but not limited to use of their equipment and/or servicing of commercial properties within the city shall be required to have a City Commission awarded franchisee. Essentially, when you look at the totality of this paragraph, there are times where the container -- as I understand it's the -- how big is the container that the customer has belongs to -- step up for a second. Give me some -- sir, just to -- because I want to make sure I say this right, because these are all terms of art. And make sure you announce yourself for the record. Rick Rubio: Rick Rubio, Sunshine Recycling Services. Commissioner Hardemon: Thank you very much. Mr. Rubio sits on the advisory committee with me. And I'm frying to make clear, because I have a note that the -- I have -- "unless owned or leased by the customer." So there 's -- there are times when you all are picking up -- we 're trying to eliminate in the first paragraph --right? -- the definition of "subcontractor"; that you're using someone else 's equipment or so. Mr. Rubio: Not necessarily correct. Commissioner Hardemon: How do we have that worded? Mr. Rubio: I think the definition was more focused on third party companies that sell or rent equipment to customers directly which negatively impact the franchisees, because we have to pay the 24 percent franchise fee on any equipment we rent to one of our clients, and these other companies don't have to pay the franchise. They actually bypass it completely and rent equipment without -- and consequently, we have to haul it, because that's where the refuse is; inside those containers. Commissioner Hardemon: Thank you. We'11 come back to that one. And then on the -- at the end of it all, we want to make sure that we require that substantial changes to franchisee agreements come before the Waste Committee. So basically, any substantial change would not have an automatic inclusion into the franchise agreement. The franchise agreement, it normally takes a significant amount of time for the waste haulers as a committee to agree. And then from there, with the City, and then from the City -- when I say, "the City," I mean the representatives of the City Administration -- and then it comes before this board. And so, what we don't want to see is changes that are being made included into the franchise agreement, but they haven't had an opportunity to discuss those changes. And really, it's a bargaining, you know, that comes with some sort of 'yea" or "nay" with it. Commissioner Reyes: Well, let me be specific, very clear on it. This ordinance what it tries to do is to -- I mean, I don 't agree at all when you are -- want to eliminate a broker. A broker is an institution that exists in the United States. Even in automobiles, they have automobile brokers that they deal with, Chrysler, Chevrolet, Mercedes and all of that. And the way that I see it, they create competition, because by -- the broker has a group of customers and they shop around people that they are franchisee, because what we don't want is any broker or anybody hiring people that they don't have a franchise in the City of Miami. And that is due to the fact that there are some that are -- well, in Spanish, we call it pirates, you see, the companies that they will undervalue and they won't do the same type ofjob or they will not take them to the right dump and that creates a problem for the customers, and for the City, also. So the suggestion of eliminating the broker, I will not accept it, sir. I will not accept that, because that in its totality, what it is doing is watering this down in a form that -- I mean, well, you're making businesses or users to go directly to the franchise companies, and that eliminates competition; that is why. I want Mr. City of Miami Page 113 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Prieguez to clarify the other areas that -- which are -- excuse my ignorance in the business, but I think that -- well, that broker thing, I mean, it is unacceptable and does -- because this is particularly was created to avoid brokers to contract with people that they don't have City ofMiami franchises. Chair Russell: Do you have a question for him? Commissioner Hardemon: Well, before we go there -- Chair Russell: Just a moment, please. Commissioner Reyes: I mean -- yes, sir. Commissioner Hardemon: Before we go there -- Commissioner Reyes: Yes, sir. Commissioner Hardemon: -- we don't get any fees from brokers, so I want to make this very clear. You're saying that brokers is an industry that we should respect, et cetera; it exists upon -- in other spaces. But these franchisees that we -- that pay us fees and we get a percentage from and we take a lot of money from, that we audit and we get more money from and it's competitive to get into, the brokers are not paying into that at all. And so, the issue that they have is that what the brokers are doing is, one, they're not paying the City of Miami. Two, they're creating unfair competition with them in getting clients. And three, when we look at the definition of what they pay in receipts to the City ofMiami, it's so broad that we tax them on lots of revenue. So when the gentleman spoke earlier about the companies that have come -- there are so many loopholes within the industry with the City of Miami is that, one, the brokers were losing revenue there and they're paying every time they get a client that franchisees. Two, when they're sold containers, we're losing revenue there because we 're not getting container fees from those other outside companies. We're only getting them from the franchisees. And so, what you have from the industry -- the industry is saying, "Look, no matter what, brokers shouldn't be" -- "no one should be getting a garbage service by anyone who does not have a franchisee license within the City ofMiami. " That is what it is. And so, what you're doing here in effect is -- in a way, you're okaying the existence of these brokers, but we're not getting any revenue from them. We 're not getting anything from -- they might not even have a business tax receipt from the City of Miami. Commissioner Reyes: With or without brokers, we're only getting the franchise fees. I mean, we are not losing franchise fees, because they're using a broker. A broker derives their revenue from the companies, you see. The franchise fees are received with or without a broker, so that argument does not matter, sir. Commissioner Hardemon: Well, the franchise fees are received because the people who are the responsible parties, which are our franchisees, are paying the revenue. I believe it's (expletive) near -- it's like -- I'm sorry -- it's like around $17 million or so that they're paying. Commissioner Reyes: Yeah. Commissioner Hardemon: And so -- and what I'm saying is that there 's -- the additional revenue that we're missing is the money that these brokers are actually receiving. And in the City of Miami -- Commissioner Reyes: What? City of Miami Page 114 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Hardemon: -- there isn't a huge industry of brokerage. There 's a few persons or entities that are involved with brokering. Commissioner Reyes: That's fine. Chair Russell: Just a moment, just a moment. Commissioner Reyes, just a moment. Commissioner Reyes: Hold on a second. Chair Russell: I just wanted clarification so I'm understanding. Is the requested amendment to eliminate brokers or to charge brokers? Commissioner Hardemon: Eliminate brokers. Chair Russell: Commissioner Reyes. Commissioner Hardemon: Eliminating -- it's eliminating -- Commissioner Reyes: Eliminate. He wants to eliminate. Commissioner Hardemon: -- those who are specific -- Commissioner Reyes: I don 't want to eliminate them. Commissioner Hardemon: -- those who are making their primary revenue -- substantial and primary revenue from brokering, those who -- so they don't have a license within the City ofMiami to do this, they're not paying us any franchise fees. Commissioner Reyes: The middleman that's there. Chair Russell: Understood. Unidentified Speaker: Could I --? Chair Russell: Just a moment, please. Commissioner Reyes: Yes, sir. Chair Russell: So if they were producing a revenue, would you be open to them or you believe it actually causes fault to the process? Commissioner Reyes: No. Commissioner Hardemon: The problem with them is that -- so for instance, they can 't pick up trash. Chair Russell: They're a broker. Commissioner Hardemon: Right. And so what happens is -- you could step up -- I mean through the Chair, of course -- that in the industry, they end up having to go through a franchisee. Commissioner Reyes: Yes, that's what I want. Commissioner Hardemon: No, I understand that, but the franchisee is the one that's held accountable with all the actions. City of Miami Page 115 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: And they will be. Commissioner Hardemon: The franchisee doesn't have the relationship with the client, with the customer, but the broker does. And we're not holding -- and we can't hold the broker accountable -- Chair Russell: Okay. Commissioner Hardemon: -- the same way we can hold the franchisee accountable. Chair Russell: Okay, we got -- we 're about to have four voices going. Commissioner Reyes: Okay. Chair Russell: So let me just -- Commissioner Reyes: But I want to answer that. Chair Russell: Let me just slow it down. I'm going to recognize Commissioner Reyes. Commissioner Reyes: That's right. Let me answer that. Chair Russell: And then if a Commissioner -- just a moment. Commissioner Reyes: You see -- Chair Russell: Just a moment, Commissioner. If a Commissioner has a question of someone at the lectern -- Commissioner Reyes: Yes, sir. Chair Russell: -- so that way, we're not getting in a back and forth or an open discussion. But at the end -- I'll start with that and we'll see where it goes. Commissioner Reyes, you 're recognized. Commissioner Reyes: Commissioner Hardemon, the broker does not -- I mean, he is the one that hires the franchisee, and the money that he makes out of that, he has the customers. He has -- he is the one that goes to the buildings and says, "Hey, I'll get you somebody to come and pick your cart" -- 'your garbage." I mean, he is not taking any money away from the City, because he is going to hire and that's what -- that's precisely what my ordinance deals with. He cannot hire anybody that doesn't have a franchise and is paying a fee to the City of Miami. By him hiring those people, making sure that he's hiring all those people, our revenues are increasing, because the haulers, they don't pay City of Miami according to bulk. They pay a franchise. If it were because they were paying according to bulk, your argument will be true, but your argument is not true, because what they're doing is they are a middleman like exists in this country in every kind of business, you see, in every kind of business. Mr. -- could you please define and -- Unidentified Speaker: Yeah, let me -- Chair Russell: Before we go there, Madam City Attorney, quick question for you. The amendment that Commissioner Hardemon has recommended, if this were to pass on first reading, could that amendment be introduced at second reading upon further understanding? Because rather than having a full tutorial on the system of City of Miami Page 116 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 waste management in our City, if we can do that between first and second by passing on first as is -- Commissioner Reyes: As is. Victoria Mendez (City Attorney): Well, as -- Chair Russell: And then I can -- Ms. Mendez: -- sub -- Chair Russell: -- I haven't fully studied this amendment to understand but it seems to have some -- I want to learn it better, but I don't want to hold up the whole process. If we could pass this as is, could we introduce those amendments on second if the will of this body is there legislatively? Commissioner Reyes: Well, I -- Ms. Mendez: So, what I -- yes. Chair Russell: Okay. Ms. Mendez: You could do it between first and second, but remember, we submitted a little while ago the District 4 changes, which had a change to the 90 days and it had a change to the definition of a "waste broker, " so that is what's before you right now; not what's printed, the substitute that I read into the record earlier. Chair Russell: But -- right but -- Ms. Mendez: And then it would be further -- between first and second, we could try and reach consensus, but the sponsors' changes are different than -- Chair Russell: Right. That 's what -- Ms. Mendez: -- the Solid Waste Advisory Board's. Chair Russell: -- I'm looking for, how much flexibility we will have on second reading so that we don't need to do all of this tonight, because I want to learn but I don't want to learn up here right now. I want to take my time with it, study amendment. Commissioner Reyes: Well let's -- Chair Russell: I want to really study his -- Ms. Mendez: But we could go through the amendments and see what the sponsor is comfortable with and add that into -- Chair Russell: He 's not. Ms. Mendez: -- second reading. Commissioner Reyes: I will move it to pass it as it is and then analyze it and study it. And I want also if we can have the Sanitation Director and his opinion on this. But what I don't want is -- I will not accept Commissioner Hardemon's definition of a broker and I will not accept that -- it's not because it is my ordinance or not, but I will not accept that statement that, because of the broker, the City of Miami is losing City of Miami Page 117 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 money; that's not true. The brokers are middlemen that they earn their revenues on the difference of the price that they obtain from somebody and the one that is charging. The franchisees are going to pay the same franchisee fees regardless if they have a broker or they don't have brokers. And you know why? Because they -- I mean, the price is going to be -- they pay us -- Chair Russell: Understood. Commissioner Reyes: -- for a franchise. Chair Russell: All right. There 's been a motion and a second currently. Commissioner Reyes: That's right. Chair Russell: It was moved by Commissioner Reyes; seconded by Commissioner Diaz de la Portilla. Currently the amendment, it sounds like, is not accepted. Commissioner Reyes: It is not accepted. Chair Russell: And the jury is out with me, because I don't fully understand the ramifications of the amendment but I am interested to learn more; and so, that 's why I really want to ask the Attorney that if I want to see those amendments added on second reading that it doesn 't reset first reading -- Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: -- to the extent of what he 's looking for. Ms. Mendez: Right. If it's not that different. Chair Russell: Okay. Ms. Mendez: It's just whether we can get them in there and reach consensus or this will -- but at least it'll be a little more time to give everybody -- Chair Russell: Right. Ms. Mendez: -- the amendments and then they 're able to vote on it (UNINTELLIGIBLE). Chair Russell: And that way we don 't need to deal with it all tonight. Commissioner Hardemon: Mr. Chairman. Chair Russell: Commissioner Hardemon, of course. Commissioner Hardemon: And I want to make sure I hear from our Commissioner on the first district and then the two individuals that are standing before us. But I want to make something very clear. We've been doing a lot of work in the Solid Waste Advisory Committee for the past six years. Before I became the Chairman of that committee, that committee -- in a lack of better words -- had been disbanded for a number of years. And so, the progress that we 've made has been significant. The people that sit on that board are people that are in the waste industry that involve the City of Miami, so we have representation there; myself, as Chairman; as well as representatives of the -- who are homeowners, and those who are businessowners within the community that come up with this legislation. I'll admit I was perplexed when an amendment to solid waste came up without corning to that committee, City of Miami Page 118 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 because that's the board that typically decides these things; that's where we have the discussion before it comes here, so there 's some sort of agreeance about what's happening. On that board, you should understand that it is not -- how can I put --? It's not solid waste focused in the sense that the industry determines what happens. It is a push and pull between the industry and what is the City of Miami Administration and our residents and we make the recommendations there, and then they come before this board. And any person who sits on that board knows that I'm very fair when it comes to requests that are made by the Administration on the board and also from the industry on the board. So I want to hear what the Commissioner has to say, but I also want to make sure that some representatives at least from the board have an opportunity to say something. Chair Russell: You're recognized. Manny Prieguez: So let me just say -- Chair Russell: I'm sorry. You're not recognized yet. Mr. Prieguez: I'm not recognized? I'm sorry. Chair Russell: This one 's recognized. Commissioner Diaz de la Portilla: No, no. I think where we 're at is that Commissioner Reyes considers that an unfriendly amendment. I think Chairman Russell simply wants to pass it as is without the amendment. We pass it today and then we'11 give consideration to your amendment -- Unidentified Speaker: But -- Commissioner Diaz de la Portilla: -- between first and second reading. I'm open to hearing your arguments, Commissioner Hardemon, but I think we should respect Commissioner Reyes' initial proposal and pass it out, and then we'11 give consideration to your amendment between first and second reading. Commissioner Reyes: With the substitute item -- Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: -- that she read. Commissioner Diaz de la Portilla: That's where I stand tonight. I, like Chairman Russell, don't want to go through the whole tutorial tonight. We have time to do it between first and -- Chair Russell: My office will be open for both sides to understand -- Commissioner Diaz de la Portilla: Absolutely. Chair Russell: -- exactly what the ramifications of (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Ms. Damaso, you're always welcome in my office, as you know, as are you, Mr. Prieguez, so you're both welcome to come to my office and try to work something out (UNINTELLIGIBLE). Commissioner Reyes: Absolutely. And through the Chair, and I'm open to reach a compromise with -- I mean, concerns that Commissioner Hardemon has and my office will be open, and let's talk. Let's work together on this. But there are certain City of Miami Page 119 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 things that I don't agree with it, and I will stand for it. But thank you very much. I think we should pass it the way it is and work on it. I accept that. Mr. Prieguez: Could I just say --? Chair Russell: Thank you very much. Does anyone have a question for either of these two before we move on? Commissioner Hardemon: Yes. Chair Russell: Commissioner Hardemon. Commissioner Hardemon: What do you have to say? Eileen Damaso: Well, I just wanted to make a little clarification on the franchise fees that the broker pays, which is none. So if I'm selling you -- I'm sorry. My name is Eileen Damaso. I'm with World Waste Recycling, a coastal waste and recycling company. I'm also a resident and I sit as a resident and part of the committee. If I'm selling you garbage for $100 -- I'm the broker; I sold you for a hundred. I went -- let me rephrase that. I'm the garbageman; I sold you the broker for a hundred; you're selling it to Commissioner Carollo for $300. That difference is not franchised. That difference is the one that is missing. So I'm paying my $100 in the franchise fee, but the broker pays nothing. They have no trucks. They have no liability. They have no insurance. Commissioner Reyes: Otherwise it's -- Chair Russell: Just a moment. Ms. Damaso: And they don't pay the $12, 000 franchise fee that we pay every year. Commissioner Reyes: Okay -- Chair Russell: All right. Commissioner Reyes: -- and now to make it clear, let's say that I go to your house and you said, "Okay, I'll tell you, I am going to collect your garbage for $1, 000, " okay?" "And I'm paying $500 to the franchise fee." Does that money, that difference the broker takes, but does the City loses any income? No. Ms. Damaso: They don't have the opportunity of getting that income. That income (UNINTELLIGIBLE). Commissioner Reyes: What income? The -- because the person -- I mean, the institution that is going to pick up the garbage -- Ms. Damaso: Is paying, right. Commissioner Reyes: -- is going to be -- is paying the franchise, and it is up to them to accept the price or not, you see. The thing that is not clear here and has been totally, totally misconstrued is that because of the broker the City is losing money. The City's not losing money, because we are not in the business of picking that garbage. Chair Russell: Thank you. City of Miami Page 120 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: If we were in the business of picking that garbage, yes, we will lose money. But what we are doing, we 're offering franchises and then there is a person that does the business -- make the business. And the difference between one and the other, that is -- I mean, that is business, you see. That is free market. But the City is not losing money; that's my point. Commissioner Hardemon: But how can --? Chair Russell: Thank you. Commissioner Hardemon: They're paying it off of the gross amounts of the receipts. The fee is paid off the gross amounts of the receipts. So for instance, if there's a greater -- if a franchisee contracts with someone for $1, 000, they pay -- a franchisee -- a fee based off of that revenue. If a broker comes in between and it's $700 and the franchisee 's picking it up for 700, he 's paying that fee based off of 700. We're losing revenue. Commissioner Reyes: Let's sit down and do the numbers and all of that, and then I'm open for -- Chair Russell: At another date. Commissioner Diaz de la Portilla: But we have a motion, don't we? Chair Russell: We have a motion and we have a second. I like your style, Commissioner, where you go boom, boom, boom. Commissioner Reyes: Let's go. Chair Russell: I -- you know, there are questions I would love to learn and those questions have to do with what happens to that brokerage fee if the brokerage were not to exist? Would it go to the franchisee? Would it go to the -- you know, as a savings to the customer? I don't know these answers yet but I'd love to learn, but not tonight, and I really apologize. Mr. Prieguez: Can I just say one thing, please? Chair Russell: If a Commissioner is willing to recognize you, yes, but I'd really like to move on. Commissioner Diaz de la Portilla: Mr. Chairman, I see the pained look on Mr. Prieguez 's face. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: He's going to keep it to 30 seconds or 60. Chair Russell: 30 seconds. Commissioner Diaz de la Portilla: Yes, Mr. Prieguez. Chair Russell: You're recognized. Mr. Prieguez: I want to be very, very clear. The original language that was proposed by Commissioner Reyes had nothing to do with brokers. It had nothing to do with any of the things that we're bringing up. When it went to Commissioner Hardemon's committee, it was only having to do with closing a loophole about City of Miami Page 121 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 companies that were using subs for actual work, putting out cans out in the City of Miami for companies that did not have a franchise agreement. So we are closing that loophole so that only the franchisees can work in the City; therefore, collect the 24 percent and then pass it along. This whole thing with brokers, this came out of nowhere. That was not the original intention of his legislation. This has just come out of left field, so I just wanted that to be very, very, very clear -- Chair Russell: Thank you very much. Mr. Prieguez: -- to all. Chair Russell: Thank you very much. So the motion -- and I just want to make sure Ms. Damaso: Thank you very much. Chair Russell: -- the seconder is clear that the motion includes the amendment read or the substitution read by the City Attorney. Commissioner Reyes: Yeah. Chair Russell: You 're good? Commissioner Diaz de la Portilla: Yes, correct. Chair Russell: All right, so there 's a motion and there's a second. Is there any further discussion? Commissioner Hardemon: Well, I want to hear from the gentleman to my left for a brief you know, 30 seconds to a minute, only because they have been with us all day. Chair Russell: True. You 're recognized, sir. Your name? Kenneth Rivera: My name is Ken Rivera, with WastePro. We 're located at 17302 Pines Boulevard, in Pembroke Pines. Very briefly, just want to introduce the company. You know, we've been around for a long time. We 're the largest in the State of Florida. We're located in, like I said, in Pembroke Pines. We've been in Dade County a long time. You know, we've been frying to be awarded a franchise here in the City of Miami. We just want to compete. We support the decision that the City wants to decide on. We believe that all we want to do is compete. We submitted documents about two years ago when there was an opportunity to compete in the City, granting us that opportunity with the documents that have already been submitted. All it does is guarantees us one thing: it's just a chance, a chance to knock at the doors at every business in the city and just compete. Commissioner Reyes: Sir. Chair Russell: Commissioner Reyes, you 're recognized. Commissioner Reyes: Sir, why haven't you been granted a franchise? Mr. Rivera: That -- those have been discussions that we've been trying to have for a very, very long time. Commissioner Reyes: With the Administration? Mr. Rivera: With Administration, throughout the, you know, over the years. City of Miami Page 122 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: Well -- Ms. Mendez: We have a pending -- we have a lawsuit on this, so let's just (UNINTELLIGIBLE) -- Commissioner Reyes: Okay, because I was going to direct the Administration -- Mr. Rivera: But the lawsuit is not -- Commissioner Reyes: -- to investigate why he hasn't been able -- Mr. Rivera: -- it's not with us. It's not with us. Commissioner Reyes: -- to obtain a franchise and be able to compete, because that is the case. I mean, I think that everybody that has -- that meet -- that qualifies should get a franchise. Mr. Rivera: Okay, thank you. I appreciate it. Commissioner Hardemon: Right. So the -- Chair Russell: Thank you for your time. Commissioner Hardemon: -- franchise -- there are a certain number of franchisees that we have in the City of Miami. It can be expanded, but there 's generally, through the committee, right, in the City Manager's Office, there's a number there. There's a magic number. There's some considerations that have to be made so. Commissioner Reyes: That's right, okay. Call the roll. Chair Russell: Thank you very much. We have a motion; we have a second. There's a substitution that 's been accepted. Any further discussion from the dais? Commissioner Hardemon: Yes. I want to be a sponsor of the item. Chair Russell: All right, noted. Commissioner Hardemon: Thank you. Chair Russell: I smell a sunshine meeting coming. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Commissioner Hardemon: Against. Chair Russell: Motion passes. FR. 3. Ms. Mendez: So, just to be clear, when is this item coming back? If it's -- January 9? Commissioner Reyes: Let me ask how much -- how long shall we need to get everything straight, cross all the "T's" and dot the '7's"? Chair Russell: I would recommend the second meeting in January so that we can meet print deadlines and -- City of Miami Page 123 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: That's right. Chair Russell: -- go over all the -- Ms. Mendez: That would be great. Chair Russell: -- details. Ms. Mendez: Thank you. Commissioner Reyes: That's right. And I mean I'm willing to wait as long as it requires for all of us to be happy -- Chair Russell: Thank you very much. Commissioner Reyes: -- to accept it. FR.3 ORDINANCE First Reading 6924 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", TO CREATE NEW DIVISION 25/SECTIONS 2-1350, TO BE TITLED "LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD", TO PROVIDE FOR THE COMPOSITION AND DUTIES OF THE BOARD AND OTHER RELATED MATTERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item FR.3, please see "Public Comment Period for Regular Items," "Order of the Day" and Item SR.1. Commissioner Carollo: FR.3, move. Commissioner Hardemon: So -- Chair Russell: FR. 3. Commissioner Hardemon: -- so -- Chair Russell: Commissioner Hardemon had some questions or comments. Commissioner Hardemon: Yeah, so -- I mean, no one could ever be against any legislation that empowers lesbian, gay, bisexual, transgender, queer individuals to participate within our community and give us advice. Earlier in the year, we had a City of Miami Page 124 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 piece of legislation that limited the number of boards that we had; that we would be eliminating some boards and putting them into one particular board, much to the disagreement of many of the people that served on those boards. So there's significantly less people that we have serving on boards because of this. And then now, thereafter, we're adding another board. What I'm saying here is that I've learned over time that the lesbian, gay, bisexual, transgender and queer community has been very powerful and effective within the South Florida community. You can look no further than Miami Beach, and you can see signage and -- that denotes that there is acceptance of that community. You can look at the GMCVB (Greater Miami Convention and Visitors Bureau) and see that they celebrate when there are gatherings; that people travel to and from with this community to Miami Beach and our South Florida community. There 's another board that we had -- that we discussed. We discussed the Community Relations Board, and that board was really put together -- I believe, Commissioner Carollo, it would have been around the times of the riots. Would that have been the riots? I think it was. And, of course, those issues related to the Community Relations Board were all tied around color, and the treatment of people of color. I know, because I watch television and I speak with individuals who are part of the LGBTQ community that even in that group, people of color are suffering, because they feel like they don't have representation from the greater group. And I remember just watching -- I believe it was the democratic debate where a -- someone interrupted to make that point. They wanted to stop the speaking, which was good, but they made the point that the people of color in that community have been largely ignored. And what I've always figured is that if the LGBTQ community and people of color came together, there would be an opportunity for, I think, greatness when it comes to social justice issues. And I understand that we're trying to narrowly tailor this just to be about lesbian, gay, bisexual, transgender and queer issues, but I think that there is significant opportunity that if that community comes together with the community that wants to talk about the same types of issues; issues that affect our civil rights, issues that affect discrimination, issues that affect job readiness, the ability to have positions that matter like everyone else does. The one thing that the communities that -- if you are lesbian, gay, bisexual and transgender many times even but -- and queer, that's something that you have to readily express that you are. It's not something that you can just see. The color of my skin is not something that I can change. And so, the discrimination that's against me as a person of color is experienced without necessarily me divulging anything about who I am. You don't know what my beliefs are, republican, democrat, independent, conservative or liberal. And I think -- and I just want to know if there 's any willingness from this board -- even if we talk about it with those who are championing this issue that there could be a nice marriage of those two boards. Chair Russell: CRB (Community Relations Board) ? Commissioner Hardemon: C -- Community Relations Board and the -- and this Lesbian, Gay, Bisexual, Transgender and Queer Advisory Board. And I know it's a bit unusual. I haven 't spoken with anyone from the CRB, but I do think that it makes the relevance of both groups essential to ensure that the City of Miami is moving forward in a way that is inclusive of people of color, as well as those who have the LGBTQ designation that they live with. Chair Russell: Thank you, Commissioner. Commissioner -- please hold your applause. I -- there 's certainly overlap in there that one of the most persecuted groups within the LGBTQ community is young black trans. They're probably the highest victims within the spectrum of violence and murder, and even now there's further overlap on the issues we face as many of these individuals from anywhere within that spectrum feel persecuted at home and leave, and become homeless in our streets, which turns to sex work, it turns to drug use and then again, the violence and City of Miami Page 125 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 death. These are things that these communities feel together for sure. The CRB I felt lost its way for a while as our relations became better, the riots were behind us, our policing became better, and they kind of lost the mission. And so, I remember speaking with the last appointee I made to the CRB about hoping to see them reinject a new mission in the CRB, because these issues do persist. They're not the same issues we had in the '80s, but the African American issue is palpable. We still -- you know, we're not past it. Personally, I believe they could have enough on their plate to be two standalone boards and bring us a lot. From the LGBTQ community I've always asked the same organization bring us legislation that we can look at, and the only thing I think that we've passed in the last four years is the conversion therapy band, which was a good move but we really haven't been brought much so we really haven't addressed much. And I really welcome what can be brought that will address the homeless issue, the drug use issue, so many of these things that will increase acceptance. So I would lean on the side of keeping them separate. I apologize, Todd. I know we're trying to lean out the boards, but I believe this one could be very productive. The only reason I was in support of reducing boards was for lack of participation, quorum, et cetera. I guarantee you that board would be a very well attended board that will be very active in bringing forth resolutions and recommendations for legislation and ordinances that we could potentially support. CRB, I look forward to seeing what they become, but I haven't quite yet seen what that mission is. And so, I know the potential is there but I -- if we put them together, I feel that the African American issues will not have the prominence they need, because the advocacy on the LGBTQ side right now is incredibly strong, and they have a legislative track record around the country right now of passing things. So I get worried that the CRB side will lose its voice if combined with an LGBTQ Advisory Board; just my opinion. Commissioner. Commissioner Carollo: I make a motion to approve FR.3 as it stands. I agree with everything you said. Chair Russell: I certainly respect your position and what you're frying to accomplish so I would understand. Are there any further comments on this item? Is that an amendment that you're proposing? Commissioner Carollo: No. Chair Russell: You've moved it. Commissioner Carollo: I moved it. Chair Russell: Was there a second? Commissioner Diaz de la Portilla: I second. Chair Russell: Seconded by Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: As is, as is. Chair Russell: As is. Commissioner Carollo: As is. Chair Russell: Okay, so amendment dies for lack of second. Unidentified Speaker: Wait. Chair Russell: I'm sorry. There was a proffered amendment -- City of Miami Page 126 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Unidentified Speaker: Right. Chair Russell: -- that just simply was not accepted by the mover or seconder. Let me word it correctly. I apologize. Commissioner Hardemon: So the last thing I'll say is that -- and I'm going to vote in favor of the measure, but I think that people of color get the short end of the stick, not only in our communities for issues that have been affecting them. I don't care if it's police violence, if it's issues of domestic violence, and even issues within the LGBT community where you have a community of people of color screaming out saying, "Hey, I matter in this whole discussion." And so, part of the reason that I proposed it is because I felt that it could be a good way of strengthening the voice of people of color, not only outside of the LGBTQ community, but also inside of it. And so -- and I appreciate you all hearing me out on the issue but, you know, I think in the City of Miami, people of color have a long way to go, because we are a diminishing minority in this community, and finding that voice amongst people who feel that the issues that people of color have been yearning for to be solved is -- are mere annoyances, if you will. There are so many minorities within our community that have issues that go back to even our Jewish -- you know, our Jewish community, and these are issues that are prominent. These are issues that we are aware of. These are issues that we care about, but we just -- we can't find the traction that we need within our communities to kind of get us to where we need to be, so it was a matter of trying to find a friend, a pal, a buddy. So with that being said, I'm ready for the vote. Chair Russell: Thank you. There's been a motion and a second. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? The motion passes on FR.3. Thank you very much. That completes our ordinances for the evening. City of Miami Page 127 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 FR.4 ORDINANCE First Reading 6893 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", TO CREATE A NEW SECTION 2-894 TITLED "MEETINGS", TO PROVIDE THAT ABSENT EXPRESS APPROVAL OF THE MIAMI CITY COMMISSION, NO MEETINGS OF ANY CITY BOARDS, COMMISSIONS, COMMITTEES, OR TASK FORCES SHALL OCCUR ON ANY HOLIDAY RECOGNIZED BY THE CITY OF MIAMI OR BY THE STATE OF FLORIDA, INCLUDING THOSE OF THE FLORIDA SUPREME COURT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item FR.4, please see Item SR.1. FR.5 ORDINANCE First Reading 6915 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A TEMPORARY TWO HUNDRED SEVENTY (270) DAY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR ANY BUILDING PERMITS OR ZONING ENTITLEMENTS FOR PUBLIC STORAGE FACILITIES IN THE CITY OF MIAMI; DECLARING ZONING -IN -PROGRESS AS TO THE ACCEPTANCE OF APPLICATIONS FOR ANY BUILDING PERMITS OR ZONING ENTITLEMENTS FOR PUBLIC STORAGE FACILITIES; PROVIDING FOR EXTENSION OF SAID MORATORIUM BY RESOLUTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item FR.5, please see "Order of the Day" and Item SR.1. City of Miami Page 128 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 FR.6 ORDINANCE First Reading 6918 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33(C)(1) 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 EXPRESSLY PROVIDE THAT THE AN ELECTED OFFICIAL MAY PLACE AN ITEM ON THE CITY COMMISSION AGENDA AT ANY TIME UP TO THE TIME OF PRINTING OF THE AGENDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item FR.6, please see Item SR.1. END OF FIRST READING ORDINANCES City of Miami Page 129 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 BU.1 4974 Office of Management and Budget BU - BUDGET BUDGET DISCUSSION ITEM MONTHLY REPORT I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item BU.1, please see "Order of the Day." Chair Russell: BU.1, Mr. Rose. Christopher Rose (Director): Good evening, Commissioners. Chris Rose, Office of Management and Budget. There is not that much to report in December. I do want to let you know that we 're continuing to sharpen our numbers on the in -kind services for the Super Bowl. Right now we are still below the $3 million mark that was passed in the budget. Should we go above that number in our estimates, we will come back and let you know at that time. But right now we're squeaking just under that $3 million number. Commissioner Carollo: Chris, the way that you 're squeaking under is how? You've met with Police, Fire, Garbage Collection to see how they could -- Mr. Rose: We've been meeting with -- Commissioner Carollo: -- work those numbers? Mr. Rose: Yes, sir. We meet -- we've met quite a number of times. And we 're refining the numbers to come closer. We're not done yet. I know there are still some open issues in some of the departments that could change things, but right now we're within $100, 000 of that number. Commissioner Carollo: Mr. Deputy City Manager, could you also include in there the Gay Aid [sic] parade? Because we're having similar issues. We've had this now for numerous years. There 's never been any problems. It's a good crowd, and they're getting charged pretty hefty numbers. So if you could please look into it to see how we can work in those numbers, just like you're doing for the Super Bowl, I'd appreciate it if it could be done. Mr. Rose: Will do. Mr. Rose: Through the Chair. Chair Russell: Yes. City of Miami Page 130 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Rose: Just to continue, we have been informed that we have an emergency remediation that we're going to need to be doing at Merrie Christmas Park, and we'll be bringing that back to you when we know a little more. A couple of items that passed today will cause some budget amendments in April in the midyear budget amendment, and that is RE.12. That's the fire item that passed that generates more revenue, but it does have some expense aspect to it, as well; and then what we just talked about, SR.1, the special masters. So we will be corning back to the Commission to talk about that when the midyear budget amendment comes up. In January, we will start with the written reports and we will go on with the written reports for the rest of the year. I'd be happy to take any questions you have. Chair Russell: Any questions for Mr. Rose? Hearing none, thank you very much. Mr. Rose: Thank you, Commissioners. Chair Russell: That 'sBU.1. END OF BUDGET City of Miami Page 131 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 6882 Department of Real Estate and Asset Management A DISCUSSION ITEM OF THE MIAMI CITY COMMISSION PROVIDING AN UPDATE ON THE STATUS OF THE NEGOTIATIONS BETWEEN THE CITY OF MIAMI AND MIAMI FREEDOM PARK, LLC FOR THE LEASE AND DEVELOPMENT OF A SOCCER STADIUM, PUBLIC PARK, TECHNOLOGY HUB, ART AND ENTERTAINMENT SPACES, FOOD AND BEVERAGE VENUES, AND A HOTEL AND CONFERENCE CENTER WITH ANCILLARY COMMERCIAL USES AT 1400 NW 37TH AVENUE. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item DI.1, please see "Public Comment Period for Regular Items." Chair Russell: Moving back to DI1, please, update on Miami Freedom Park. Marc Sarnoff Good evening, Commissioners. Marc Sarnoff, from Shutts & Bowen. Florentino Gonzalez: Florentino Gonzalez, from Shutts & Bowen. Richard Wood: And Richard Wood, with Fowler White Burnett. Mr. Sarnoff And Irwin Rye (phonetic) was here earlier today, but as the day moved on -- we just wanted to give you an update as to where we are and what we've been doing in the past number of months. And since we last met with you, there's been a lot of due diligence done. By the way, congratulations, Commissioner -- Commissioner Diaz de la Portilla: Thank you. Mr. Sarnoff: -- Diaz de la Portilla. We 've had a Goldman Sachs meeting, which as you know, is the financial agent on behalf of MFP (Miami Freedom Park). Our two appraisers went out there. They got to meet with them to learn exactly how they're going to structure the deal from the financial end. We've had a number of traffic meetings so that our traffic pier has meet with the -- David Plummer and Associates, who is the traffic person on behalf of MFP. Environmental has absorbed a lot of time and a lot of effort. We're not doing environmental. I'll let Richard Wood talk about that, and maybe this is a good time to do it. Mr. Wood: The environmental, the City's consultant and the MFP's consultants have come to an agreement. The parties have come to an agreement, as well, as far as the methodology for remediation. There 's a meeting next week with DERM (Department of Environmental Resources Management) to present that proposed remediation plan. There 's been additional funds thatMFP has placed in escrow for the additional cost for the City's environmental consultant. We are estimating or we believe based on the information and the feedback that we've gotten that the process with DERM could take approximately 60 to 90 days. However, we've all agreed that we're going to fry and expedite that process to the greatest extent possible. City of Miami Page 132 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Sarnoff.• So some of our -- what's happening is third parties that the City does not control, we've been in meetings with them; for instance, DERM; for instance, some of the parking issues, and to some degree, we are relegated to the schedules of people and their timing of when they're going to get to things. As Richard just told you, you know, DERM -- and I think some of you have experience with DERM remediation -- they get to it when they get to it. So we 're frying to condense it as best we can. We 're frying to give them a sense of urgency, and that's basically where we are. Chair Russell: Thank you. Commissioner Reyes, you 're recognized. Commissioner Reyes: I just have a simple question. You see, you 've been negotiating for a long time and -- don't get nervous. I'm not going to be -- I know that time went by, election went by, and all of that. You got what you wanted. But have you reached any agreement, whatsoever, on the terms of the contract, terms, money or anything or you're still negotiating? Mr. Sarnoff Well, there have been some conceptual movement, Commissioner. Commissioner Reyes: I don't -- I'm not talking about conceptual movement. I'm talking about -- Mr. Sarnoff The actual terms or the rental, if you will, is -- Commissioner Reyes: Not only rentals; the timelines when the City is going to be start -- I mean start collecting -- all the terms that goes into a contract, including the authority of the City and the benefits for the -- both parties and all of that. Have you agreed on any one of those? Mr. Sarnoff There's not complete agreement, Commissioner. There's -- Commissioner Reyes: What? Mr. Sarnoff There's not complete agreement on -- Commissioner Reyes: There 's not complete agreement. Mr. Sarnoff There's not. But we're still in the process of negotiating. We're still in the process of them putting out what they would like, and we 're here to protect the citizens and you. Commissioner Reyes: Okay. When do you think that you're going to be in full agreement and then you will come to the City -- I mean, to this Commission with a contract? Six months, four months? You don 't have any idea? Mr. Sarnoff No. Commissioner Reyes: No. I mean, listen, I don 't want to put you in a spot, you see. I just want you to -- because due to your expertise, you see, and that you have been a negotiator all your life, even when you were here, you see, that -- I mean, due to your expertise, do you foresee that this is going to be brought for a contract -- I mean, for a vote in the near future? Mr. Sarnoff The answer to your question is if we continue the path that we're on, if we continue the negotiations that we 're on, yes, we will. But to give you an exact time and date -- City of Miami Page 133 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: I'm not -- I don 't want -- I just want an approximate. Mr. Sarnoff -- I would say -- Commissioner Reyes: Because, I mean, as time pass by, you see, I think that -- Mr. Sarnoff -- if -- Commissioner Reyes: It has to be brought to a conclusion one way or the other. Mr. Sarnoff I understand. Commissioner Reyes: Okay, and that's the only thing that I'm asking. I mean, I 'm not putting you on the spot. I don't want to start a debate with Cheerleader Number 1 for the project or anything; Cheerleader Number 2 is not here. But I don't want to start a debate with that. I just want that type of information and that's it, okay? You think that within the next three, four months we might get a contract? Mr. Sarnoff The -- so the `X" factor is the environmental. Commissioner Reyes: Yeah, I know, I know. Mr. Sarnoff And -- Commissioner Reyes: I do understand. When are you meeting with DERM? Mr. Sarnoff DERM they're meeting on December 18. Commissioner Reyes: December 18. By when do you think that DERM will make a - - I mean, they have to go and analyze and all that. Mr. Sarnoff In the ordinary course, they will get back to you within 60 days -- Commissioner Reyes: 60 days. Mr. Sarnoff -- in the ordinary course. Commissioner Reyes: Okay, again, we're looking at February. Mr. Sarnoff Correct. Commissioner Reyes: Okay. That's all I wanted to know. Chair Russell: Thank you. Commissioner Reyes: Okay, thank you. Chair Russell: Commissioner Diaz de la Portilla, you're recognized. Commissioner Diaz de la Portilla: When I met with you privately -- we met a number of times -- you told me you would have a timeframe, a timeline of how you will move forward. I don't care if it's in two months, six months, a year, as long as we get it right, and we get it right for the people of Miami. So what's that timeline that you discussed with me? You could say it publicly so the other Commissioners know where we are. City of Miami Page 134 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Sarnoff So I think it's fair to say -- and I'm going to give myself and our group a little bit of leeway -- I would put it for a direct report by the second meeting in May. You could push us a little further but I think that's -- I think that gives us the necessary time. Commissioner Diaz de la Portilla: And between now and then, we'll have weekly updates, we'11 have meetings with all the stakeholders and be able to have all sorts of conversations, very transparent and very open so that the public knows what we're doing, how fast we 're moving, where we have the obstacles, how we 're going to overcome them, all that. You '11 keep us abreast. Mr. Sarnoff Well -- so from your appointed counsel's standpoint, it's our intention to give you monthly updates. The Administration should be meeting with you, maybe in addition to us meeting with you or with us, if you'd like, and to keep you abreast and apprised of things, because you can do things to help us, as well. When we get to a point that becomes difficult, that's when the Commission can help. Commissioner Reyes: Mr. Chair. Chair Russell: Yes, you're recognized. Commissioner Reyes: You finished, Commissioner? Commissioner Diaz de la Portilla: For now. Commissioner Reyes: Okay. Following on what Commissioner Diaz de la Portilla said, I -- good luck with the reports, because I -- we've been asking for a report and it was promised, and that was part of my frustration. But do we have appraisals? We have -- how many appraisals we have? Mr. Sarnoff So we have two appraisers. We have Deloitte and we have Houlihan Lokey. Commissioner Reyes: Can you make that available to us? Mr. Sarnoff They're not completed, Commissioner. Commissioner Reyes: They're not completed. Mr. Sarnoff They're not completed. Commissioner Reyes: They have taken a long time to do an appraisal. Mr. Sarnoff Well, the environmental's not complete. Commissioner Reyes: Okay. Chair Russell: Which will affect the appraisal. Commissioner Reyes: Yes. Okay. Chair Russell: Commissioner Carollo. Commissioner Carollo: Mr. Sarnoff? Mr. Sarnoff Yes, sir. City of Miami Page 135 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: Microphone, please. Commissioner Carollo: Sorry. Before they're finalized, I want to meet with them. I want to make sure -- Chair Russell: With whom? Commissioner Carollo: The two appraising companies. I want to make sure that the process that they followed could be explained to me crystal clear. And if they left something out that I feel they should include, then I could discuss it with them. But I think three of the key areas that need to be included in this appraisal, of course, is the value of the land, then how much is that land worth with all that is going to be put into it? Mr. Sarnoff So -- Commissioner Carollo: Last, but not least, as time goes by, that land is going to be worth more; everything is going to be worth more. So I want to see how they're factoring that into it into the future. Because even though none of us might be around 10 years from now, 12 years fi^om now -- Commissioner Reyes: Hey, talk for yourself. Commissioner Carollo: -- or whatever -- Well, I'm talking about up here. I'll send you pigeons with love notes fi^om Shangri La. Commissioner Reyes: Oh, okay. Commissioner Carollo: The -- it's our responsibility and obligation that for future Miamians, we leave the most income that we can for this project;; it's one of a kind; cannot be duplicated ever again. Mr. Sarnoff.• And just so you know, Commissioner, you're not the only Commissioner that reached out to us to make that request, and we are trying to establish a meeting in the first week in January. If your office give me some dates that you're available, I will make sure that it's convenient. Commissioner Carollo: Not next week. Mr. Sarnoff No, no, no; first week in January. I understand, I understand. Commissioner Reyes: Mr. Chair? Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: Also, in that information -- and I want to go real deep on the methodology that was used by the appraisals, you see, which is very important; that step by step -- you see, step by step -- and what the values and numbers are based on, okay? Mr. Sarnoff Absolutely, absolutely. And just so you -- so that -- just so you feel comfort that we understand, before there's any kind of final appraisal, they will have an opportunity to meet with each one of you so that you have your input prior to any final appraisal. Chair Russell: Thank you very much. City of Miami Page 136 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: Okay. Chair Russell: My questions, once DERM has given a menu of options per mediation, and if there is an estimate at that time of those different menu options, I would love a written briefing on what those are. Mr. Sarnoff: Absolutely. Chair Russell: I know that's all a negotiable point, but I think the sooner you have from the policy makers what we 're looking for in terms of the cleanliness of that park, especially for the portion that will be truly park for kids, the better. And second of all, is a recommendation to my fellow City Commissioners. Even if you are not in favor of this project, I recommend you search your district for potential parks that you would like to see, because this is an incredible opportunity. If this does happen, and it happens well, and they truly do come through on their promise to count the acreage lost and find the acreage new, even if -- I don 't want that if this passes and you were against it that your district doesn 't get the parks it deserves. Commissioner Reyes: Oh, I thought -- Commissioner Carollo: I have all the area. Commissioner Reyes: -- that you wanted us -- Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Reyes: -- to do an inventory of our parks so it can be given to a private company and destroy it, as you're doing with this one. Chair Russell: No, sir. Commissioner Reyes: Okay, okay. I stand corrected. Chair Russell: No, sir. Commissioner Reyes: Okay. Chair Russell: I'm actually frying to be helpful here and not negative; that if -- I've been doing this, and I've been trying to find locations that we can have parks -- new parks, areas for new parks, whether they're -- whoever they're owned by, and that opportunity is there for all of us, but you've got to be at the table as it's being negotiated. Otherwise, at the end of this, your district may -- you know, this is a great opportunity in that sense, if they come through with the promise. And the final thing I just -- Commissioner Diaz de la Portilla: And, of course -- Chair Russell: Go ahead. Commissioner Diaz de la Portilla: -- Mr. Chairman, most of that park land has to be in District 1, because that's where it's being taken away from. Chair Russell: And it's a park's desert there, to start with. Commissioner Diaz de la Portilla: It is. It is. It's not your district, that it has beautiful parks and -- City of Miami Page 137 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: Well, (UNIN Diaz de la Portilla: Chair Russell: Of course. So -- Commissioner Diaz de la Portilla: Chair Russell: -- this is my recom Commissioner Diaz de la Portilla: Chair Russell: -- that you're at where the potential -- Commissioner Diaz de la Portilla: - - all sort of amenities. So we want -- - - to make sure that we bring the same thing to -- niendation -- - - all children. -- don 't expect them to find the park. You know Well, we know that. We know that. Chair Russell: -- parks are more than anyone. So please -- Commissioner Carollo: But remember, District 3 is the one with the least amount of parks. Don 't forget that. Chair Russell: And finally, there are so many controversial parts to this deal. I'd like to see that we take the noncontroversial parts off the table, and I know this is not your decision to make, but I understand labor peace was mandated at the time of referendum, and it's a pretty simple thing, and I'm really surprised they haven't finalized that yet. So I know they're not here at the lectern right now, but I would like to encourage that the next update we have that at least the labor peace portion is off the table so the hard-working folks who will be supporting this project, hopefully for you, are not against it. Because we, of course, as a Commission, of the many, many controversial items in here, will not move forward with this if the working families aren't represented and supported well, and I think that 's a pretty easy one. So thank you. Any further comments on Discussion Item 1 ? Any questions? Thank you very much. Commissioner Diaz de la Portilla: Thank you, gentlemen. I do have a question of you, Mr. Chair. Chair Russell: Yes, sir. Commissioner Diaz de la Portilla: When are we bringing -- are we going to bring this back -- issue back every Commission meeting, or are we going to wait for there to be more consensus or a product that we can look at? Maybe the Administration can answer, or maybe the Chair can answer from the Commission perspective. Chair Russell: We can either be getting briefings independently or here at the dais. It's up to this body. It's up to this body. Commissioner Diaz de la Portilla: Well, what's your preference, Mr. Mayor, or --? Mayor Francis Suarez: I think, let's go for them giving you independent, individual briefings as this process continues. Obviously, what's pending is mostly the appraisal, which has the environmental and traffic study, which is still ongoing. Because in the case of environmental, our reviewer -- they had their own environmental company -- has already made, I think, 60 comments based on their -- Commissioner Diaz de la Portilla: Was that on the traffic or on the environmental? NTELLIGIBLE). City of Miami Page 138 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mayor Suarez: This is environmental. On traffic -- Commissioner Diaz de la Portilla: 63, or something like that. Mayor Suarez: Correct, exactly. Commissioner Diaz de la Portilla: Yeah. Mayor Suarez: And traffic, there is also some discussions between the experts about (UNINTELLIGIBLE) data, and things of that nature, and potentially the need for -- to collect more data. So, obviously, we all -- everyone here has mentioned the sensitives involved with traffic with the neighborhood to the east, which is Grapeland Heights, and of course, with the airport to the north on LeJeune, and that's something that I'm sure the County's also going to be very much scrutinizing as well. Commissioner Diaz de la Portilla: Okay. Thank you. Chair Russell: Any further discussion on Di]? Commissioner Reyes: No. Chair Russell: Closing DI.1. Thank you very much. DI.2 DISCUSSION ITEM 6840 Department of Planning A DISCUSSION TO PUBLICLY DISCLOSE THE ADMINISTRATIVE CORRECTION OF THE FUTURE LAND USE MAP ("FLUM") AND ZONING ATLAS FOR LAND ABUTTING LEGION'S PARK AND GIBSON PARK. RESULT: DISCUSSED Chair Russell: Let's knock out those discussion items and we'11 be done with the morning's agenda. DI.1, update for Miami Freedom Park, please. Joseph Napoli (Deputy City Manager): We need to round the outside attendees up, please. Chair Russell: Shall we move on? How about the future land use map? We'll take Dig first then, please. Francisco Garcia (Director, Planning): Thank you, sir. I'll be quick. I wanted to project a couple of images for your quick reference or your quick visual reference. For the record, Francisco Garcia, Planning Director, and I am going to request some technical assistance. Thank you. Briefly, this is to essentially make what is an administrative scrivener's error correction to the land use and zoning of two properties in the City of Miami. In particular, one pertains to Gibson Park and also the St. John's Church property nearby Gibson Park. And the other one pertains to a property abutting Legion Park in the Upper Eastside. I will show momentarily the map in question. Here we are. And what I believe you can see in the image is exactly what the extent of the correction will be. We 're bringing this to your attention again -- although we could do this administratively -- simply for the sake of transparency. We want -- always want to operate in an abundance of transparency City of Miami Page 139 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 and we would not want anyone to open up a zoning atlas or look at our website, and find that there is a change without it being presented to you here. The first change I will show you is the one by Legion Park. You will notice, I hope -- I'm sorry. This happens to be the one by Gibson Park. You will notice, I hope, where the red circle is that part of the St. John's property is improperly zoned as parks and recreation in terms of land use, and as civic space in terms of zoning. And you will see on the right-hand side a correction that shows the St. John's property properly zoned as T6-8 with the building occupying that land presently, and the park recedes back to where it should be. The loss in terms of square footage for the CS designation, the civic space designation is approximately 10,000 square feet, closer to maybe 11,000 square feet. But please don't be concerned about this being a net loss in essence, because this simply responds to action that the City Commission already took. This is back to the year 1978, as our records indicate. That is it as pertains to the Gibson Park property. As pertains to Legion Park, you will also see here the area that is framed by the red circle. The property to the south within the circle is a private property, not a City of Miami -owned property. And when the SD-9 zoning designation was applied to the Biscayne Boulevard area, some right-of-way was deeded away and the references to the zoning line made reference to that right-of- way, and the mapping was incorrect. We've identified this error and are now seeking to correct it through this scrivener's error amendment to reflect the new configuration that you see there. In this particular case, the loss to CS land would be approximately one acre, 40,000 square feet to be exact. However, we are simply in the revised map reflecting what the original designation of the City of Miami was approved by the City Commission back in 1991. We invite any questions or comments. We will be making this correction if we have no objections. Chair Russell: Thank you very much. Are there any questions for the Director? You don't need an action, obviously. Mr. Garcia: No, sir. Thank you. Chair Russell: Thank you. All right, thank you very much. DI.3 DISCUSSION ITEM 6027 Commissioners and Mayor A DISCUSSION ITEM REGARDING KEYS TO THE CITY AND CITY PROCLAMATIONS. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: Item DL3 was continued to the January 9, 2020, Regular Commission Meeting. Note for Record: For minutes referencing Item DI.3, please see "Order of the Day." City of Miami Page 140 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 DI.4 DISCUSSION ITEM 6476 Commissioners and Mayor A DISCUSSION REGARDING JUNE 13, 2019 AND JULY 30, 2019 AS WELL AS RESULTING ASSOCIATED EVENTS. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item DL4, please see "Order of the Day." Chair Russell: Good afternoon, everyone. Welcome back from a delicious lunch. Thank you, Commissioner Reyes. It was excellent. Commissioner Reyes: You're welcome. And I want everybody to know that the pig, it was organic and low calories, so don't worry about it. You are not going to gain a pound. Chair Russell: For the record, it was neither, but it was delicious. So, normally, we'd begin the Planning and Zoning agenda at the 2 p.m. hour, but we not have yet finished the morning's agenda. Special in November and December, these are separate agendas -- separate meetings, actually -- so we need to switch the tape and we can't go back and forth without a little difficulty, so we need to finish the morning's agenda, of which we've also committed to Commissioner Carollo a time certain of 2 p.m. on his. So for those of you who are here for Planning and Zoning items, I beg your indulgence. Please, your patience. It's going to be a little while. So we are going to start with the discussion items for Commissioner Carollo. Commissioner Carollo: We 're short one Commissioner. We 're short one Commissioner. I think this should be heard by all five of us. Chair Russell: Fair enough. There's plenty -- Commissioner Carollo: So -- Chair Russell: -- we can do to kill some time -- Commissioner Carollo: Yeah. Chair Russell: -- between now and then, so. Commissioner Carollo: Just until we get the rest of the Commission in here. Chair Russell: All right, so BU.1 -- never mind. Here we go. Commissioner Carollo: There he is. Chair Russell: We have a full dais. Commissioner Carollo, how much time do you need for this item, just so we can schedule the day? Commissioner Carollo: I'm not sure, Commissioner. I will go as quickly as I can. And trust me, I want to go as quickly as I can, so -- Commissioner Hardemon: Well, in the law we call that with all deliberate speed. Commissioner Carollo: -- with all deliberate speed. City of Miami Page 141 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Hardemon: Yes. Commissioner Carollo: Thank you. Chair Russell: And to be specific, which DI (discussion) items are we taking up? Commissioner Carollo: We are going to take -- Chair Russell: DI5, discussion, City Manager; Code and Building procedures enforcement. Commissioner Carollo: That 's correct. We 're going to start with that and then -- Chair Russell: DI 4. Commissioner Carollo: -- mix just a little bit of the DI4 into that one. Chair Russell: All right, so for the record, we 're taking up; DI.4 and DI. 5. Commissioner Carollo, you have the floor. Commissioner Carollo: Thank you. If I may ask the Administration if we have someone from the Building Department that's here, the highest official -- Joseph Napoli (Deputy City Manager): We do, Commissioner. Commissioner Carollo: -- that 's in the house. Mr. Napoli: We do. Commissioner Carollo: Okay. Who would that be, sir? Mr. Napoli: Sir, we've got Maurice Pons. Commissioner Carollo: Okay. Could I ask if Maurice could come up? Mr. Napoli: Certainly. Commissioner Carollo: Thank you. Chair Russell: Just a moment. Once again, please. Welcome. Maurice Pons: Good afternoon, Commissioners. Maurice Pons, Deputy Director of the Building Department. Commissioner Carollo: Thank you, sir. And for the record, sir, this has got nothing to do with you or any employee that I would ask to come up here to try to get some information on the record. Mr. Pons: Okay. Commissioner Carollo: And that's all that I'm trying to get is information on the record and procedures, and how things are done. So let me begin. From the Building Department, when -- you guys do all the applications -- right? -- for permits and what have you? Mr. Pons: Yes. We -- the Building Department receives all building applications and processes them, and does the archiving. City of Miami Page 142 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: What -- for individuals that have had a shed that they did for whatever reason, not knowing or knowing, because they didn't think maybe they needed a permit or they just didn't want to bother, whatever the case is, that an individual that -- or individuals that have built a shed in their backyard, some minor stuff that they've built in their backyards, maybe that built some wooden chairs, maybe some decks or whatever, if they are trying to legalize it, what would be the process that they would have to follow in order to legalize it? Mr. Pons: If somebody -- if a property owner or homeowner, or business owner has done work without a permit and would want to legalize it, he submits a -- hires an architect or an engineer to submit an as -built -- Commissioner Carollo: To submit -- Mr. Pons: -- on how the methodology that the shed was built and to legalize it. Commissioner Carollo: Yeah, but how -- what is the permit -- the process then that you would have to go through and get for that? Mr. Pons: He would need to -- Commissioner Carollo: What is it called? Mr. Pons: -- hire an architect/engineer that would do an as -built, drawings of the shed with calculations, and submit a permit application to the Building Department. The staff -- Commissioner Carollo: So, they would have to hire an engineer and an architect? Mr. Pons: If it is a shed with a roof yes -- Commissioner Carollo: Okay. Mr. Pons: -- because it would need calculations. Commissioner Carollo: If it would be benches, large wood decks? Mr. Pons: If it would be benches, concrete slab, some type of -- anything that's on the surface, no, it would not need calculations for wind uplift. Commissioner Carollo: What would it need? Mr. Pons: It would need -- Commissioner Carollo: What application? Mr. Pons: -- a drawing on how he built it, how it was assembled and submit it to the Building Department, and also, it would be reviewed by the Zoning and Public Works Department to comply with the City ordinances. Commissioner Carollo: So it would be drawings, you said, on how it was built? Mr. Pons: On how it was built, yes. Commissioner Carollo: What else? Mr. Pons: Show a site plan on the location, showing setbacks. City of Miami Page 143 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: Site plans. Site plans with setbacks, right? Mr. Pons: With setbacks, yes. Commissioner Carollo: Okay. What else? Mr. Pons: That's with the application and that 's what would be required. Commissioner Carollo: Now, on that kind of application, since it's after -the -fact, do they have to pay more then? Mr. Pons: If it is -- if the person comes to the Building Department and it's after - the -fact and they were not -- gotten a violation, it would be the -- it would not be double fee plus a hundred, which it is when somebody does work without a proper permit. Commissioner Carollo: But my question is -- and I'm not sure we 're talking the same thing. If it was built without permits and then they come in to try to legalize it, the -- and I'm not sure what it's called and the permits that they have to get. Is it after -the -fact permit; is that it? Mr. Pons: It would be an after -the -fact permit in your -- in the case you mentioned about a shed, it would be an after -the -fact permit for -- Commissioner Carollo: So, it will be an after -- Mr. Pons: -- illegal -- the construction -- Commissioner Carollo: -- it'll be after -the -fact permit? Mr. Pons: -- of the shed. Commissioner Carollo: So it would -- is that what you guys call it, after -the -fact permit? Mr. Pons: It would be -- excuse me? Commissioner Carollo: Is that what you all call it? Mr. Pons: It would be an after -the -fact permit. And in the plans it would show as - built. Commissioner Carollo: It would show as -built. And how would the plans show that it's as -built? Mr. Pons: The engineer would say the as -built conditions of the shed that -- of a shed in the rear of the house, for example. Commissioner Carollo: Okay. The same would be for benches, for decks, et cetera? Mr. Pons: Like a deck, a concrete slab; it could be drawn -- it does not -- would not require for -- for residents, it would not require an engineer. If it was in a commercial project, it would require an architect or an engineer to submit. Commissioner Carollo: Okay, so for residential, it would not -- Mr. Pons: It would not be required. City of Miami Page 144 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: Okay, so -- Mr. Pons: If it's a homeowner, it would not be required. Our engineering -- our -- Commissioner Carollo: That 's why I kept asking you that, because I somehow didn't think that it would require all that, but it would require drawings and you said how it was built, site plans to show the setback. Mr. Pons: Yes. Commissioner Carollo: And can an owner do that himself or does he have to -- Mr. Pons: If it's -- if it is his homestead, where he resides -- Commissioner Carollo: Right. Mr. Pons: -- yes. Commissioner Carollo: Okay, so that is something, also, that I was under the impression, but I want to get it correctly. Mr. Pons: Not on an investment property, but if it's where the -- Commissioner Carollo: Okay. Mr. Pons: -- property owner resides, yes. Commissioner Carollo: So it's after -the -fact permit that it's called. Mr. Pons: It would be an after -the -fact if it was built and he's legalizing. Commissioner Carollo: The site plans or -- you have to show some kind of sketch or survey of the property, right? Mr. Pons: You would have to show a site plan with the location of where -- let's say if it's an existing house and where the shed is located, showing the setbacks of the shed. Commissioner Carollo: Okay. When you say "site plan," is that like a survey or something similar? Mr. Pons: That most commonly would be a survey, yes. Commissioner Carollo: Yeah, okay, most commonly. How old can the survey be -- or the site plan, whatever it's called? Mr. Pons: If it is for a slab, a bench, which would most likely not require a permit -- Commissioner Carollo: For decks. Mr. Pons: If it would be decks, as per the Building Department, we're not going to ask for a recent survey, because a survey for homeowners cost them 350 to $500. But Zoning could have -- will -- might ask them for a more updated survey to see if there 's any other illegal structures in the property. Commissioner Carollo: But let me ask you this here. Hold on. The -- I'm trying to see here. Isn't there something that we have that I believe -- here it is. 7.1.3, City of Miami Page 145 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 application review process. And in Number 3, it says, "Legal description and a certified land survey of the proposed site boundaries. Survey shall be performed in accordance," et cetera, "and dated with one year proceeding the filling of the application." Is that correct, what that should be or not? Mr. Pons: Yes, but that would be more of a Zoning review, not -- Commissioner Carollo: But Zoning would have to review -- Mr. Pons: Zoning would have to review -- Commissioner Carollo: -- anything. Mr. Pons: -- reviews any application for -- Commissioner Carollo: Okay, so what you're telling me is that in your department, you're not going to review that, because that would fall to Zoning to do. Mr. Pons: For setbacks reasons. Commissioner Carollo: Yeah, for setback reasons. Mr. Pons: Yes. We will review for Florida Building Code compliance. Commissioner Carollo: Okay. But Zoning would have to do it for setback reasons. They would need a survey. Mr. Pons: If that job category requires a zoning review. Commissioner Carollo: Okay. So a deck, benches, shed, it would require a zoning review of a survey that, as it says here, shall be dated within one year, with a sketch - Mr. Pons: Yes. Commissioner Carollo: Okay, so one year -- Mr. Pons: Yes. Commissioner Carollo: -- is what you're saying? Mr. Pons: Yes. If that -- if you're reading that from City Ordinances. Commissioner Carollo: Yeah. And it falls on Zoning, not on you guys, to do it. Mr. Pons: We will review for Building Code compliance. Commissioner Carollo: Okay. Okay, zoning review, all right. What has been your experience when someone applies for a permit for after -the -fact or for repairs, how long does it usually take through the system -- Mr. Pons: It all -- Commissioner Carollo: -- for a residential property? City of Miami Page 146 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Pons: -- depends. We have a homeowners assistance staff that once a homeowner comes in to legalize, we'11 walk them -- the staff member of the Building Department will assist them in what documents they would need to bring -- Commissioner Carollo: Okay. Mr. Pons: -- and assist them also in trying to expedite their permitting process. Commissioner Carollo: Could you do it all in less than an hour and a half? Mr. Pons: Do we do it in all -- less than an hour and a ham It would depend on the job type and what permit is going to be issued. Commissioner Carollo: It would be very difficult, correct? Mr. Pons: A shed would not be done under -- in an hour and a half. Commissioner Carollo: All right. Anything that you could think of that could be done so quickly that it would go through six departments in an hour and a ham Mr. Pons: That would be very -- that would be a quick -- Commissioner Carollo: Unusual? Mr. Pons: -- homeowner permit, yes. Commissioner Carollo: Unusual, correct? Mr. Pons: Six departments, yes, unless it was done electronically, maybe. Commissioner Carollo: Okay, all right. All right, thank you. I appreciate your time. Let's see if I could get one of my staff members to show something quickly up here. (UNINTELLIGIBLE). I don 't need him for this. Mr. Pons: Okay, not a problem. Thank you. Commissioner Carollo: (UNINTELLIGIBLE). Chair Russell: I don't think your microphone's on. Commissioner Carollo: (UNINTELLIGIBLE). Thank you, Chairman. If you all notice this picture here -- and we've made sure that the address has been taken out, that it would be next to impossible to -- for anybody to know where this address would be at. You notice that right above the little red balloon, there 's like a rooftop that's gray. And where the balloon -- red balloon is, it's all full of foliage, where you can 't see anything there. We could move on now to the next picture. As you can see, between the year 2006 sometime and the year 2008 sometime, a big chunk of that foliage that you couldn't see anything except the gray roof that you see now right above the balloon is gone, and you could see now that there was a deck that the foliage was hiding. That's where the two red arrows are pointing, to that deck. The single arrow is pointing to a crater in the ground that it's apparent where a stump was grind from a tree that disappeared from there. It's a sizeable area that disappeared from that tree. Also, if you look towards the extreme left, as you look in the photo, there 's a very large royal palm. And in the back of the royal palm, you see what appears to be another royal palm corning out; that this palm here, this royal palm seems so old that it could be from seeds from the older tree that a new one started growing at some point. And you see the whole foliage that's towards the City of Miami Page 147 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 back that you still have, even though we lost all the foliage that was covering that whole deck area. Go to the next picture, please. Now you see that the small deck, between the years 2008 and 2009 that you had seen before disappeared. The crater that was left there when that tree was taken down disappeared, because there's a 24- by-24-foot deck that was built in that back part where it's all covered. You also see towards the back that all that foliage that you had, either additional trees were taken out or more than 50 percent was cut down. It don't appear that you have any royal palm like the one that we saw in 2008 any longer, nor the -- what appeared to be another smaller royal palm corning out of the back. And you see two palms that don't appear that they were there before; could have been, but don't appear to; might have been put in after everything else was taken out. But what's clear is that there 's a huge amount, several thousand square feet of foliage that has disappeared, a big chunk of foliage. And you see that you have a brand-new 24-by-24 deck that's there. Let me go where I'm heading to all this. If you could put the first out of the two sketches/surveys that we have, the one with the smaller deck -- I don't know if you could go higher more so that the deck could be seen. It's not being seen here. Maybe if it could be expanded a little more where the deck area is but -- you got to go higher a little more, okay? You see that there's a -- it's a small deck towards the back of this drawing of this house that says "wood deck." That's the one that you saw in the photos before that originally was being covered totally by some large tree and its foliage. After it was cut down, you saw the small deck, and then a small time after, a year and a half or two, there appeared a full 24-by-24 -- this deck is approximately 10-by-8 or so. But after this small deck was taken out, there was a full 24-by-24 deck back here that covered the crater where the tree was cut and that you saw, and I pointed out as the brand-new deck that you saw there. Now this plan or survey was presented to the City of Miami in March 11, 1999, or at least it's got the date of March 11, 1999 and was presented in March of some time to the City. And it was presented to the City some -- a little over 20 years ago, because the owner of this place wanted -- at the time, 20 years ago, wanted to put a chain link fence -- I believe it's a four foot chain link fence, and this was presented to the City. Now let's go to the next one. This here is the same exact but for one thing that was changed. In survey -- a plan/survey of more than 20 years ago, and was presented to the City with the following changes: Where you saw before the 8-by-10 deck, approximately, that was whited out. And you had someone draw in a full deck that's 24-by-24 in here. So if you see that someone changed what was there to give the impression that this is a deck that was there over 20 years ago, not the original one that you saw. And as the Building Assistant Director -- is that your title or --? Mr. Pons: Deputy Director. Commissioner Carollo: Deputy Director. Well, Assistant Director, Deputy Director -- stated you need a survey plan that's at least a year old. And I read what our Code said, that Zoning, at least -- if not Building, but at least Zoning, he stated, must review it for setbacks, site plans, et cetera, and drawings of how it was built. You have a forged survey here that was forged 20 years after to the City. The City accepted this. Yeah, everybody else has to provide one within one year old, but somebody decided that whoever presented this was important enough that he didn't have to follow the procedure that everybody else has to follow, and they could have handed in a survey that was even there before the individual that owns this property now owned the property. And no problem; the City would accept it without any reviews, whatsoever. Chair Russell: Question, Commissioner, just for clarification. Commissioner Carollo: Yes. City of Miami Page 148 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: The accusation of a forgery of the survey -- is the survey meant to depict what is there on site at the time, or historically go back and show what was there originally approved? Because if a deck was there and the survey shows the new deck, there is no misrepresentation, is it? Commissioner Carollo: There is, because if you're showing a survey that goes from -- that's got the date and everything from March 11, '99, and he says that it was for a chain link fence, and you're just changing that without providing anything that talks about what would be needed, drawings and how it was built, the site plan, the setbacks and so on, as was stated here. Then that could only have been changed for one purpose and one purpose only, to give the impression that that's what was there some 20 plus years ago, because the permit that was presented to the City on this was not a permit for -- as you heard the Deputy Zoning Director state, it was not an after -the -fact permit that would show that you have something there that did not have a permit. It was presented under oath as a permit to repair, repair a deck. The application said $2,000. When they got the permit, it was down to 1,500 that they claimed that it was going to cost them. So you're claiming that you're only providing that not to legalize it since it never had a permit, but to make a repair. And what was being done here is that someone was trying to hide the fact -- and I don 't know why -- that they put in a deck there without a permit so that they wouldn't have to get it right by saying that -- by presenting rather a permit after -the -fact. Chair Russell: So you're saying that the deck depicted in this survey we 're looking at, the March 11, '99 -- Commissioner Carollo: Yes. Chair Russell: -- does not match the reality of the deck that was there in March of '99. Commissioner Carollo: Exactly. As I pointed out, you saw the first survey, the real one, in -- of what was there in '99. And this was certainly not there in '99. And how the individual got ahold of this was by having someone go through the City archives and finding that survey of over 20 years back. Chair Russell: Now, Commissioner, just for process and liability, as well, to be careful here, I want to make sure this body is not seeking to target an individual, but rather study the process of a department, because if there is inappropriate approvals being given in a department, I definitely believe that's fair game for this dais. Commissioner Carollo: Well, this is why -- Chair Russell: If we're targeting an individual, I really want to tread lightly here because -- Commissioner Carollo: I'm here for the second reason of what you stated, okay, because I'm going to tell you right now, if we're going to talk about targeting, you're looking at a guy that's been targeted in numerous ways; now not just me, but other members of my family. Chair Russell: So the intention of this is not to disclose who owns this home, but really to go through the process? Commissioner Carollo: Well, the intention of this is to lay out all the facts of what's happened here that this Commission needs to know, because if it was you, if it was me and if it was any of us, we would be hung from the highest tree in this. Now, let me go further. You heard the Deputy Director of Zoning also state that it would be City of Miami Page 149 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 very unusual -- and I think he was being very conservative and cautious -- for someone to get all the permits within an hour and 30 minutes. In fact, in one day, through six different departments that had to go through this, six in the City; Building, Public Works, Development and Roadway Plans, Floodplain, Structural and Zoning. All these departments, somebody walked it through and permits were given in an hour and 23 minutes; an hour and 23 minutes. Now I dare anyone to find me anyone in this City, unless they are super connected, that could get a permit for anything in this short time. It just doesn 't happen. Now the application that was made on this says, "building permit application," had to be signed under oath -- and it was. And right on the top it says, "Permit holder and owner, that under the penalty and perjury, I declare that the information contained in this permit application is accurate." The permit application includes the site maps, surveys, et cetera that have been given. That's part of what they're signing that is true. As you could see here, changing what was there in 1999 into this year, 20 years later, that's not being truthful, whatsoever. It says more, but I think it sufficed with what I brought out. Now let me also read to you the possible, possible laws that could have been violated here. False official statement, Statute 837.06: Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided. Statute 831.02, uttering forged instruments. Possibly, possibly there could be a violation here, too. "Whoever utters and publishes as true a false, forged or altered record, deed, instrument or other written" -- "mentioned in 831.01, knowing the same to be false, altered, forged or counterfeited with the intent to injure or defraud any person, City employees or persons, shall be guilty," et cetera. Do you think that I would be sitting up here if this was me? I doubt it very much. What has happened here has been direct abuse of power. The application that was submitted to the Building Department was submitted on May 15 of this year. It was processed -- One more question that I do have for you, Mr. Deputy Director. The process in place that you have in the City there that people go to, what time does it closes? Mr. Pons: What time could you apply? Commissioner Carollo: Up until what time can a resident go to apply for a permit? Mr. Pons: Our business hours are from 7:30 to 4..30, but a person could apply for a permit 24 hours a day, seven days a week, because our applications and -- are all online. Commissioner Carollo: Okay, so the business center that you have there -- Mr. Pons: The homeowners' assistance is -- Commissioner Carollo: Is open until -- Mr. Pons: -- from 7:30 all the way to 3:30. If a homeowner shows up at 4 o'clock and the gentleman's there, he will attend to them. Commissioner Carollo: But now you changed it on me. You said 4: 30 -- Mr. Pons: No. Commissioner Carollo: -- now you said 3:30, but they'll help. What is the official time that they're supposed to be open? Mr. Pons: 7:30 to 4:30. City of Miami Page 150 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: That's the official time? Mr. Pons: Staff leaves at 4..30. Commissioner Carollo: Okay, all right. That's what I want to get. Thank you. Now do you have supervisors that are there? Mr. Pons: Every section of the Building Department has a supervisor, yes. Commissioner Carollo: But does -- who are the supervisors that supervise that section that's under you guys? Mr. Pons: For the permit calendar? Commissioner Carollo: Yeah. Mr. Pons: Deborah Fagan. Commissioner Carollo: Okay. Is Deborah sitting there all the time? Mr. Pons: The supervise -- she leaves over -- after 5, 5:30. Commissioner Carollo: But does she sit there or does she have other people that work and she's their supervisor? - Mr. Pons: No, no. There's a clerk that attends to -- Commissioner Carollo: Excuse me? Mr. Pons: There is a clerk -- Commissioner Carollo: Right. Mr. Pons: -- that attends to any homeowner that comes in that needs assistance. Commissioner Carollo: Okay. Mr. Pons: If that person needs to go to the person's house to get the application to assist them -- Commissioner Carollo: All right. Mr. Pons: -- he will also. Commissioner Carollo: That's what I'm trying to figure out. So Deborah doesn't sit there. She doesn't take the applications herself. Mr. Pons: No. No, she doesn't. Commissioner Carollo: She 's in another location. Mr. Pons: She attends the public once that -- she attends to the public that needs her assistance at her level. Commissioner Carollo: Okay, so when someone comes, a regular resident, to the clerk that's sitting there, they filled out their application. Once it's put through the computer, it's the clerk there that does it, right? City of Miami Page 15] Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Mr. Pons: Once it is -- once the application's accepted, it is scanned. It goes to the permit coordinators. Once those documents are accepted, it goes to each of the disciplines; Zoning, Public Works -- Commissioner Carollo: Yeah, yeah, but you're talking -- Mr. Pons: -- Building. Commissioner Carollo: -- about -- Mr. Pons: I'm just going through the process. Commissioner Carollo: I'm just saying the first process -- Mr. Pons: Yes. Commissioner Carollo: Once they come in and hand in an application for a permit, for a building permit to the clerk that's sitting there, is she the one that puts it through the file? Mr. Pons: No. That clerk will scan it and send it to the permit coordinators, which will send it to the staff members that are going to review. Commissioner Carollo: The following day or whenever? Mr. Pons: Sometimes they're reviewed the same day -- Commissioner Carollo: Yeah. Mr. Pons: -- if they're small permits. Commissioner Carollo: Okay. So this -- so she puts it through -- in other words, the first time in the -- where it was said that the application was created with a time and date, that would be where the clerk put in, right? Mr. Pons: That would be done with -- it could be done with the kiosks, which are outside, or it could be done with the assistance of the -- of a permit coordinator. Commissioner Carollo: Right, either one. Mr. Pons: Either one. Commissioner Carollo: But does Deborah get involved in a lot of that or not? Mr. Pons: No. Commissioner Carollo: What was it you said her name was? Mr. Pons: She is a supervisor. She supervises the permitting section. Commissioner Carollo: But normally, that's not what she does. She supervises, right? Mr. Pons: She supervises, yes. Commissioner Carollo: Okay, all right. The application was handed in on May 15 of this year. It is shown that it was put in at 3: 53 in the afternoon -- 3..53..09 p.m. in City of Miami Page 152 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 the afternoon. I believe that what it shows is that Deborah handled it, so you confirmed that she doesn't sit in any of these places. So it must have been someone that she took an interest in and -- or it was just sent to Deborah in wherever she was at in the City. Then the very next day -- because this was practically at the point that you say that the City closes, so the next day, in the morning, beginning in the morning, is when this whole application process went through and it took the hour and 23 minutes that I mentioned before for it to get approved from -- all the departments approved it the very next day after it was handed in close to 4: 00 p.m. in the afternoon. Beginning, I believe, around 10:39 in the morning, went through six departments, and the final approval, I believe, showed at 12: 02 p.m. of the next day. Now the application is notarized by Ofelia Perez. She 's a City employee. She - - I don't know what her exact title is, but I believe it is some kind of an administrative assistant in the City. Can you help me, Joe? What is her title? Mr. Napoli: She's the administrative assistant in the City -- Commissioner Carollo: She 's an administrative assistant? Mr. Napoli: Administrative assistant, yes. Commissioner Carollo: So she's an administrative assistant that was the one that notarized this under oath. The person that she notarized was her City Manager. Now I'm not blaming any employee in having overlooked all the processes that you, yourself stated here that we have to follow, and there are probably more. But first of all, when a City Manager or any of us is applying for something this personal, such as this, that's not related to our City position, this is totally, totally wrong to use a City employee to notarize anything. This explains to me clearly why the very next day it took only an hour and 23 minutes, and nobody checked off anything whatsoever. Everybody said, "review unnecessary, review unnecessary, review unnecessary, review unnecessary; approved, approved." I'm not blaming any of these employees, but if this is not a clear-cut case of abuse of power, I really don't know what it is then. When something is handed in to the City that is false and then nobody looks for permits, for anything, just approve, approve, approve, approve, approve, just because they're the City Manager doesn't make it right. If I would have done that, if any of my colleagues here would have done that, I would expect nothing less than what I'm saying here. I would have never have done something of that nature. And certainly, I would never, never get something done in an hour and 23 minutes through six departments. This is not the first time that the Manager has wanted to take all kinds of -- you're done, sir. I'm sorry and I thank you for your statements. And I want to be clear on the record I don 't have any problems with you or for any -- with any of the employees involved in this. I have to believe they were under duress and probably told to sign off on all this without looking at it, without having all the required surveys, et cetera that is required by our City. The -- I remember -- You could go. You don 't have to -- Mr. Pons: Thank you. Commissioner Carollo: -- be there. I don't -- thank you. One of the first eye- openers for me with how the Manager operated was early on. And let me go briefly and state how the position of City Manager was created in America. It was created - - the city manager was created because there was a time in our country's history that politics got so immense in cities across our country that you needed a professional that was going to steer away from it and run the city professionally. So the concept of a professional city manager was created in America. And to this date, still a majority of American cities have city managers. And you have city managers precisely to have a professional that's going to run your city; that's going to steer your city away from the politics. They're going to do their job professionally, no City of Miami Page 153 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 matter which of the politicians are sitting at that time, and that was the reason -- the concept behind it. What I saw from early on and haven 't stopped seeing to this date is that instead of a city manager, we have a politician in that position. Our city is being run by tweets, by the fake interviews, press conference. Our Manager acts, behaves like a politician, not as a professional city manager. My first experience with him was, within a short time that he came, I was given the heads -up through the Police Chief's office that there was going to be a press conference early that morning -- I think it was at 8:30 -- in Little Havana on a drug house that was going to be knocked down. When I got there, to my surprise, I found our then - Communications Director and Assistant to the Manager, and the Manager. They were there for the press conference. I never had been informed, never was informed by the Manager, like I should have been and every one of the elected officials should have been if that was their district and this is being done. And it was a press conference that was being made for the Manager, and he barely had gotten here a month and a half or so. After that, orders apparently were given to the City Police Department not to share anything with me. And soon after, exactly what happened, things of that nature were no longer shared with me. And I could assure you that I have ample evidence that the Police Department was trying to work with me and the district at that time in trying to clean up drug problems in other areas and to provide me information. The -- let me go through areas that -- if we remember a couple of meetings ago, I publicly complained right from this dais that there had been, on November 16, an activity from an organization that since I've been back, I've worked with; I helped them put their board of directors in Jose Marti Park, and that they were having an event November 16, and I wasn't informed nothing about it. Before, this organization worked with me wonderfully. All of a sudden, nothing was being told to me of the event that was happening. Others knew about it; the Administration knew about it. And that day, the Manager stated he was sorry, that it would not happen again. Sure enough, it did happen again. An event was scheduled that we found out sometime last week, I believe, for December 14 again by the same organization. I believe it's finally been canceled. Week last, there's a whole fanfare of a very important press conference in the Police Department for a safe December, I think it was called. I don't know when all of my colleagues were notified on that. I wasn't notified until sometime in mid -afternoon, much less than 24 hours before the press conference was happening. I assure you the Police Department knew well beforehand that they were going to plan to do a press conference. You just don't do that kind of thing; that you're going to have a press conference of that nature, and the Administration doesn't care if elected officials are the last to be told. Obviously, I had conflicts that with such short notice I couldn't change to have been there, that I would have liked, because I will say this to you, if -- many parts of my district, like many parts of my colleagues' district, unsafe today, I want to know how we're going to make December safe, but more than that, January, February, March, April, May, June, July, August, September, October, November, until next December again. I got parks in my district that, all of a sudden, they're being overrun by drug traffickers. Even old people riding bicycles that are working for drug gangs, several, a couple, were arrested. Out of the two, one took me to stand out there and catch a crack hooker give, with her hand like this, to an old guy, a little plastic bag that had white substance that I saw, and thank God that we had two good cops that were walking the beat and I contacted one of my staffs that had been there with me. He knew their number. He called them; they came back and they found the guy with a crackpipe behind the Tower Theater, ready to smoke it already. It shouldn't take a Commissioner to have to be out there like that and exposing himself when I live only one block from that area, and I certainly don't have all kinds of security to protect me; no fence in the house that I live in or anything else. I'm in a position that I'm concerned of even calling higher ups in the Police Department or who we call, or me calling directly to try to protect my residents, because with this Administration, it could be turned around, and I'll be accused of giving orders against the Charter, which I would never do. I ask questions. I have had to endure up here seeing how City of Miami Page 154 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 City employees have been allowed by the Manager to come up and insult elected officials, and the Manager didn't care. They violated City rules and regulations. The Manager didn't care, because he was happy with what happened. The -- since last year, I had a merchant, an individual that fabricates statues. The individual was willing to donate to the City of Miami a spectacular Lady Liberty in a stone„ about 25 foot tall. On top of that, four very large stands with the statues of George Washington, Lincoln, Marti, Bolivar, and a huge bench that was fully made with tiles from Spain with the City seal. I couldn't get any cooperation from the City Administration to bring it in since they have to be the ones that install it and get permits. I finally came up here and I brought it up at a meeting. I'm still waiting for that. When I'm contacted some months back by a new trustee of Miami Dade Community College and I am told that our Manager has been in touch with him, is very interested in the position of President of Miami Dade College, of course, he's trying to apply through the backdoor, not the front door -- and I'm told that when I asked, "Well, why does he want to leave, when he has an excellent job here that probably pays him, between salary and benefits, $350, 000?" the answer to me was, "Because he couldn 't take anymore," he told me, he says, "working for the Mayor." Now, none of us might be, you know, a cup of sugar, but certainly don't believe that any of us are that harsh for that. He has berated other members of this body to others. The -- through this budget process, it took members of this Commission to point out that we needed, and we pushed to find it in the budget, this Commission, more police motorcycles, to assure that we were going to have more Code Enforcement officers for compliance, to assure that we were going to have a lot more cameras for Solid Waste for all the illegal dumping that's being done through our city. At no time did these initiatives come from where it should have, our Administration. Most of all, I really find it difficult to keep seeing that we have had a Manager that feels that he doesn't have to be accountable to his bosses that all are up here; certainly, the majority of us here that feels that he could do whatever without advising us if he's going to fly away, be out of town. He decides that -- a couple of meetings ago that he wanted to be in Tallahassee instead of being here at a meeting. And he's doing that because he feels that at no time will there be enough of this body to unite to take the appropriate actions. I could go on and on and on in what is wrong with the Manager and his Administration, not the least of how he's used it to -- when he disagrees with people here or doesn't like when some of us disagree with him on how to try to use tactics and individuals to smear us, like he tried to do with me when he created this whole brouhaha of stolen valor that I had claimed to be a marine and I never was a marine. When he's the one who created all that, he had asked me a year and a half earlier in a private conversation if I had been in the military and I told him I had been in the inactive marine reserve, which was true. Without ever asking me, he took other steps to get the Mayor to issue some kind of salute or I don't know what to me. And then knowing that I was never a veteran, he purposely got up at a city gathering to introduce me as a veteran of the Marine Corps when he knew that was not true. And that was all part of a campaign to then try to smear me. Right during that time, he was caught giving records that he thought were going to harm me to a reporter without following the process that he knows has to be followed in the City, and should be followed by all of us, going through the City Attorney's Office so that the City Attorney's Office could see what is truly a public record, what's not, what might have to be deleted or not, and many other factors that involve the request of public records. When the reporter was confronted with that -- because they didn't know that knew but had gotten a copy of the email that he sent the reporter very early Monday morning -- the reporter stated to me in front of some of my staff members that he had not asked for any verbal public records. Not only until two hours and 20 minutes later did the reporter had a refresher of his memory and he said, "Oh, yeah, yeah, I did. I asked him for that." But even if he truly had asked him for that, procedure wasn't followed that should be followed in the City. And you would have thought that the guy that we have to trust the most in the City that runs the City, that we're his bosses, would at City of Miami Page 155 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 least have the courtesy of saying, "Listen, this was asked," but he didn't, because he was part of the conspiracy to harm me with that and that came out like it did, like all the other things that he fried. But this is not about just what he 's done to me; it's the least of it. It's about the way that he has behaved with all my colleagues up here, the true lack of respect for the people that are his bosses, the fact that he feels that he is accountable not to this body; that you have foreign dignitaries -- he 's the Secretary of State for the City of Miami. He runs to see them. You would at least expect the Mayor and Commissioners to always be notified. I was the City Manager at one time in my life and I know the job and duties of the city manager, and I also know the hours that a city manager has to put in. When I was City Manager in Doral, a small city, very small compared to Miami, I can assure you that there was no week that I put less than 60 hours in that job, because it requires it. Our Manager, I don 't think has had a week that he 's had a full 40 hours. I'm going to give you more or less how his usual day is. He has a police sergeant of arms that picks him up anywhere from 8:25, 8: 30; it varies a little bit. They take him to the MRC (Miami Riverside Center). Most of the times, with the exception of when he's taking lunch with friends or people that he wants to promote himself with, with us paying the bill in restaurants that most Miamians cannot afford or go to, he has the sergeant of arms takes him home, where he'11 spend an hour and a half or so, then they take him back to the City. Then he usually comes home sometime between 4, 4:12, 4:15; on a long day it's maybe 4:30, on a long day. Now if somebody doesn't believe me, let's use the subpoena power of this Commission on a lot of what I've said and start subpoenaing the sergeant of arms, all of them, and their records, where they were, what they did. And you're going to find that what I've said is accurate, because, frankly, I'm not the only one that's had it up to here and is fed up with what I've seen. There's abuse from "A" to "Z " not just in the information that I show you on the permits on his home. One of the most outrageous things that I could bring out that he's done absolutely nothing on is the reports that came out recently from the CIP (Civilian Investigative Panel), the report that'll be coming, I think, next week to the public, but he has had all the internal information from our Internal Auditor on the off -duty work in the Police Department, where a tremendous amount of the off -duty work is all being done in cash; yes, cash; where police officers are not paying Medicaid, social security, like the law requires. And I think we all know what the consequence of that is. And I don't mind being attacked for it now, because we cannot have a Police Department where officers are being paid in cash, whether by bars, lounges or others, where they're going to own these officers, and they're not going to be our officers any longer. Besides all that I read from the CIP and the information that I've been able to get so far before the final report from the Internal Auditor, I had the opportunity to speak to one businessowner in our City, and this is what he said to me on the cash off -duty. He called to hire an off -duty officer, not because he felt he really needed it, but he wanted it for protection from the other establishments around him that were hiring off -duty officers, so they wouldn't use them to sic them on him as a competitor. He says that to this date, he has not been given a single social security number, address, information for any of the officers that have been sent to him. But most of all, he told me that when he called to ask for the off -duty officer, the officer that came to see him, because the City is divided -- as one member of the FOP (Fraternal Order of Police) told me recently in my office with two of my staff members present -- he said he had been paid cash one time and he felt dirty. And he said that our City is being divided into sectors, like the mafia in New York on all these off -duty jobs, and it's not being done even. The allegations in the CIP, the allegations that are coming from the Auditor General is that there are all kinds of additional violations. But what this individual -- going back to him -- told me that when he called to have an off -duty officer, an officer came and told him, "We will provide you one only if you pay cash. You 've got to pay cash." All this information and much more, I'm sure, because he 's the Manager, our Manager knows. He 's done nothing about it. To me, a job is not that important no matter what they will pay me over a principle and in doing what I know is right from wrong. The -- I City of Miami Page 156 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 could go on and on, but I think I,, frankly, have said sufficient. We could either make a professional decision, or we could keep playing politics and going along with it. DI.5 DISCUSSION ITEM 6477 Commissioners and Mayor DI.6 6926 City Manager's Office A DISCUSSION REGARDING THE CITY MANAGER, CODE, AND BUILDING PROCEDURES/ENFORCEMENT OR LACK THEREOF. RESULT: DISCUSSED Note for the Record: For minutes referencing Item DI.5, please see "Order of the Day" and Item DL 4. DISCUSSION ITEM A DISCUSSION REGARDING INDEPENDENT TRAFFIC AND ENVIRONMENTAL STUDIES IMPLEMENTATION PLAN MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: Item DI.6 was continued to the January 9, 2020, Regular Commission Meeting. Note for Record: For additional minutes referencing Item DI.6, please see "Public Comment Period for Regular Items." Chair Russell: And if we have any other discussion items; Independent Traffic and Environmental Studies Implementation Plan. Commissioner Carollo: We're fine. If we could -- Chair Russell: Did we do DI 6? Commissioner Carollo: Yeah. We're done with -- Commissioner Reyes: That's right, we 're done. Commissioner Carollo: -- the whole agenda now. We could go to zoning. Chair Russell: I'm sorry; we haven't tackled -- Commissioner Carollo: (UNINTELLIGIBLE). Chair Russell: -- we are not. We need to address DI6 and DI7. We can deal with them -- Commissioner Reyes: DI 6. Chair Russell: -- or we can defer them, gentlemen? City of Miami Page 157 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: Defer -- Commissioner Diaz de la Portilla: I move we defer them. Chair Russell: There's been a move by Commissioner Diaz de la Portilla -- Commissioner Reyes: To defer. Chair Russell: -- to defer DI 6 and DI 7 to the next meeting. Commissioner Reyes: Aye. Commissioner Carollo: Yeah. Chair Russell: -- to January -- first January meeting; seconded by Commissioner Reyes. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. And we are done with the morning's agenda. The Clerk will take a few moments to change the tape. Commissioner Hardemon: So what happened with --? Chair Russell: We'll just take a quick five-minute break. Thank you. Commissioner Hardemon: -- DI4 and 5? Commissioner Carollo: Thank you. Commissioner Hardemon: What happened with DI4 and 5? Chair Russell: I'm sorry; what did we miss? Commissioner Hardemon: No. I'm asking you, what happened with DI.4 and 5? Chair Russell: DI4 and 5. Commissioner Hardemon: What do you have? Chair Russell: They were -- oh, that was the entire 2pm to 4pm discussion. Commissioner Hardemon: That was 4 and 5? Chair Russell: Yeah. City of Miami Page 158 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 DI.7 6928 Commissioners and Mayor DISCUSSION ITEM A DISCUSSION REGARDING THE CODE COMPLIANCE TASK FORCE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: Item DI.7 was continued to the January 9, 2020, Regular Commission Meeting. Note for the Record: For minutes referencing Item DI.7, please see Item DI.6. END OF DISCUSSION ITEMS City of Miami Page 159 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 BC.1 6894 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE - CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: of the Bayfront Park Management Trust of the Downtown Development Authority of the Midtown Community Redevelopment Agency of the Omni Community Redevelopment Agency of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS VICE CHAIRPERSON: of the Midtown Community Redevelopment Agency of the Omni Community Redevelopment Agency of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS MEMBER: of the Greater Miami Convention and Visitors Bureau of the Florida League of Cities of the Miami -Dade County League of Cities City of Miami Page 160 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 of the Miami -Dade County Tourist Development Council of the Miami River Commission MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Diaz de la Portilla, Hardemon ABSENT: Carollo, Reyes Note for the Record: Item BC.1 was continued to the January 9, 2020, Regular Commission Meeting. Note for the Record: For additional minutes referencing Item BC.1, please see "Public Comment Period for Regular Items." Chair Russell: Good evening, everyone. Thank you for your patience. We are still on the morning's agenda. We have three, but not a full dais, so I'm going to ask the City Attorney to read the outstanding ordinances that we are dealing with today, both second reading and first reading ordinances, please. Let's take a few minutes. Commissioner Diaz de la Portilla: Mr. Chairman? Chair Russell: Yes, Commissioner. Commissioner Diaz de la Portilla: I want to move that we defer BC.1 until the next Commission meeting. Chair Russell: Motion to defer BC.1, which is the board chairmanships. Is there a second? Seconded by Commissioner Hardemon. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on BC.1. Thank you. END OF BOARDS AND COMMITTEES City of Miami Page 161 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 FL - FUTURE LEGISLATION FL.1 ORDINANCE 6789 Office of Resilience and Sustainability AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5 OF THE CITY OF MIAMI CODE OF ORDINANCES ("CITY CODE"), TITLED "GREEN INITIATIVES", BY ADDING ARTICLE VII, TITLED "FLORIDA-FRIENDLY LANDSCAPING AND FERTILIZER USE" TO REQUIRE FLORIDA-FRIENDLY LANDSCAPE PRACTICES; TO PROVIDE FOR CONSISTENCY WITH STATE LAW AND THE CITY OF MIAMI; TO PROVIDE FOR DEFINITIONS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item FL.1, please see "Public Comment Period for Regular Items." FL.2 ORDINANCE 6841 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I/SECTION 54-9 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, TITLED "STREETS AND SIDEWALKS/IN GENERAL/PLACING SIGNS, ADVERTISEMENT, OR DISPLAYS ON ANY PORTION OF PUBLIC RIGHT-OF-WAY, STREET OR SIDEWALK SURFACE," BY ESTABLISHING A NEW PARAGRAPH SECTION AND PROVIDING ADDITIONAL DEFINITIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item FL.2, please see "Public Comment Period for Regular Items." END OF FUTURE LEGISLATION City of Miami Page 162 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 NA.1 6961 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE SENIOR RENTAL ASSISTANCE PROGRAM'S ("PROGRAM") APPLICATION DEADLINE FROM DECEMBER 20, 2019, TO JANUARY 31, 2020; DIRECTING THAT EACH DISTRICT COMMISSIONER BE ADVISED OF THE PROGRAM MONIES THAT EACH DISTRICT IS ENTITLED TO PURSUANT TO THE PROPORTIONAL DIVISION OF FUNDS BASED ON THE POVERTY LEVEL WITHIN THE RESPECTIVE CITY DISTRICT; FURTHER DIRECTING THAT THE ELIGIBLE PARTICIPANTS IN THE PROGRAM ARE SELECTED BY A LOTTERY/RANDOM DRAW IN EACH DISTRICT WITH THE DISTRICT COMMISSIONER PRESENT. ENACTMENT NUMBER: R-19-0521 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Victoria Mendez (City Attorney): Chair, I'm sorry; really quick. For "R" -- we passed the Senior Assistance -- Rental Assistance Program. D3 had a pocket about the -- extending times, talking about the poverty level per district, and the lottery -- a lottery requirement, so if -- Chair Russell: So that's a separate item that we could pass which will amend the item we just passed? Commissioner Reyes: No. Commissioner Carollo: No. Ms. Mendez: It's not -- it's somewhat of an amendment, but it's a little different. So it's a D3 pocket item that has to do with changing the dates of application, so extending that program's application period till January 31 of 2020. Chair Russell: Understood. Ms. Mendez: It will mandate for the district Commissioner to be advised of the program monies for each district that they would be entitled to per district, pursuant to the CD's (Community Development) poverty levels within each district, those regulations; and further directing for the participants to be selected in a lottery fashion or random selection fashion. Commissioner Reyes: That's right. Ms. Mendez: So those are the -- Commissioner Reyes: That -- City of Miami Page 163 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Ms. Mendez: -- pocket item changes to RE. 17, but it was brought in as a pocket item -- Chair Russell: Understood. As it -- Ms. Mendez: -- not as an amendment. Chair Russell: Right. As it relates to this item, would you like to move that pocket item? Commissioner Reyes: Yes, I would move it. Chair Russell: So -- Commissioner Reyes: And I want to add that that lottery will be performed by us, by the City of Miami. Chair Russell: Oh, by the City. Ms. Mendez: Right; for you to be present, yes. Commissioner Reyes: That's right. Commissioner Carollo: What it says here. Commissioner Reyes: That's right. Ms. Mendez: Yes. Chair Russell: Thank you. So there is a motion on the pocket item by D4. Is there a second? Commissioner Hardemon: I have a question. Chair Russell: Yes, Commissioner Hardemon. Commissioner Hardemon: With the -- so does that mean that with the program -- I mean, I read the guidelines. But what I didn't understand was, if I'm selected for the program, am I therefore then eligible for the rest of the year, or am I in the lottery each month for it? Commissioner Carollo: No, for a year. Commissioner Reyes: The year; the whole year. Commissioner Carollo: The whole year. George Mensah: George Mensah, Director, Housing and Community Development. It's for a year. Commissioner Hardemon: Or for the length of the rest of the -- is it for the length of the rest of the lease, or does it extend beyond that lease, and if I move somewhere else, et cetera? Mr. Mensah: Yes. It's usually a year, so if you move somewhere else under the same conditions, yes, you'll be entitled to it. Well, not the same condition. Obviously, if you move to a private entity where you're going to be charged a lot City of Miami Page 164 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 more than what you're paying down, then probably it might not be. Then it doesn't meet the requirement test of the current program. Commissioner Hardemon: But the program still only gives up to a certain amount of dollars per --? Mr. Mensah: Yes; up to $100, yes. Commissioner Hardemon: You said that -- Mr. Mensah: Up to $100. Commissioner Hardemon: That's what I thought. Okay. I thought you said two. Chair Russell: Commissioner Reyes. Commissioner Reyes: Yes. I want to clarify. If a person that is eligible -- Chair Russell: Is your mike on, sir? Commissioner Reyes: -- for that program and that person leaves that, let's say, and in any elderly housing in the City of Miami, within the City of Miami, and that person moves to Homestead, he's going to take the -- I mean, subsidy with him, or her? Mr. Mensah: No, no. Commissioner Reyes: I mean -- well, that's what I understood. If he moves, you see Mr. Mensah: No. Commissioner Reyes: I mean, the person moves will lose it. Mr. Mensah: You still have to meet the program parameters. Commissioner Reyes: That's right. Mr. Mensah: So, for example, if you move to Homestead -- Commissioner Reyes: So (UNINTELLIGIBLE) be clarified. I think that the program needs a little bit of clarification. So what are the conditions that a person could keep it? We have some sort of condition how you will obtain it, but how you will maintain it is something that have to be clarified. Mr. Mensah: Okay. It -- yes. Commissioner Carollo: I think that's very simple. We could include in this same resolution if you'd like -- or if the City Attorney feels a new one -- that we only pay for those that live in the City of Miami. Commissioner Reyes: Absolutely. Commissioner Hardemon: That's what it is. It says that. Mr. Mensah: I think that the program has parameters, so maybe what we can add is that you can continue to receive the funds -- to be able to continue to receive the City of Miami Page 165 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 funds, you should have to -- you have to meet the program parameters, which is they have to live in the City, you have to do subsidized housing. So any time you break any one of those parameters, you're no longer eligible. Commissioner Reyes: You're no longer eligible. Mr. Mensah: Yes. Commissioner Carollo: Yeah. Commissioner Reyes: Just want to clam that. Commissioner Carollo: Okay. Chair Russell: All right. Thank you. Commissioner Carollo: Let me second it. Chair Russell: Moved and seconded for D4 pocket item. Before we close -- Ms. Mendez: 3, D3 pocket. Chair Russell: I'm -- Commissioner Reyes: It's D3. Chair Russell: Okay. Commissioner Reyes: D3. I moved it. Chair Russell: Here's my request from a procedural perspective on pockets, because I've received three this morning; and clearly, I've not had the time to read one, because they're flying at me while we're on the dais. I would -- with respect to reminding everyone that pocket items must have a time urgency. If everyone could get their pocket items finished before lunch and turned in -- Commissioner Reyes: Okay. Chair Russell: -- to the Chair and the Clerk, and the City Attorney; that way, each office has time during lunch to review, and then we can knock out those pockets with full confidence -- Commissioner Reyes: Sure. Chair Russell: -- after lunch, in the future. Today we've already got a motion and a second on -- let me make sure I got the right one -- D3 pocket item, extending the Senior Rental Assistance Program. Is there any further discussion on this item? Commissioner Diaz de la Portilla: Nope. Chair Russell: Hearing none, all in favor -- Todd B. Hannon (City Clerk): Chair? Chair Russell: I'm sorry. I need public comment. Thank you. That's the other thing. Is there anyone here who'd like to speak publicly on this pocket item regarding the -- extending the deadline for applications to the Senior Rental City of Miami Page 166 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 NA.2 6962 Office of the City Clerk Assistance Program? Anyone here from the public would like to speak on that? Hearing none, I'll close public comment. Any further comment from the dais? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on D3 pocket item. Commissioner Reyes: D4 has a pocket item, also, sir. Chair Russell: Yes, they do. The D4 pocket item is with regard to? Mayor Francis Suarez: And I -- Commissioner Reyes: Miami 21. Mayor Suarez: -- I have one, as well, Mr. Chair. Chair Russell: All right. Can we take these after lunch so that our offices can --? Mayor Suarez: Fine. Chair Russell: -- study them a little bit? Mayor Suarez: Yeah. Chair Russell: (UNINTELLIGIBLE) support -- Commissioner Reyes: Fantastic, yes. DISCUSSION ITEM DISCUSSION BY COMMISSIONER CAROLLO REGARDING RESOLUTION R-99-0908 DESIGNATING COMMISSIONER J.L. PLUMMER, JR. AS COMMISSIONER EMERITUS OF THE CITY OF MIAMI. RESULT: DISCUSSED Commissioner Carollo: If I could bring something forward? Chair Russell: Commissioner Carollo, you're recognized. Commissioner Carollo: A resolution of the Miami City Commission designating Commissioner I.L. Plummer, Jr. as Commissioner Emeritus of the City of Miami. Mayor Francis Suarez: I think he's already been designated. Commissioner Carollo: I have to apologize. It's been many years, and this was approved in -- passed and adopted this -- November 16, 1999, by some guy that was Mayor named Joe Carollo. Commissioner Reyes: That's right. He's already got it, right? Commissioner Carollo: So, hey -- City of Miami Page 167 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: So you've already done it? Commissioner Carollo: Yeah, that's been done. Mayor Suarez: You really liked I.L. Commissioner Carollo: I had a senior moment. Commissioner Reyes: He had a senior moment. Chair Russell: Very good, gentlemen. I'm going to suggest that we break for lunch; come back at 2 p.m. to finish the morning's agenda, as well as the afternoon's Planning and Zoning agenda. Commissioner Reyes: We have lunch. Chair Russell: Everybody -- Commissioner Carollo: At 2: 30? Commissioner Reyes: Yeah. Chair Russell: -- we have lunch in D4 office in the back. Commissioner Carollo: Or 2:45? Commissioner Reyes: It's in the back. Chair Russell: I would love to get 2 o'clock rolling so we can knock this out, because you have a discussion item. Commissioner Carollo: But 2: 30 at least, because with lunch here and everything - Chair Russell: All right. If -- I'll make a trade with you, because -- Commissioner Diaz de la Portilla: 2..20. How about that? 2: 20 work? Chair Russell: -- here's my suggestion: We didn't get as far as we'd like to on the morning's agenda. Once we get into discussion items, we tend to push the business items way beyond, and sometimes we lose them. So Commissioner -- Commissioner Carollo: I'll stay here until whatever time you need me tonight. Chair Russell: -- can we take the -- I would like to take the morning -- try to finish the morning's agenda very quickly, the SR (second reading) and FR (first reading) items, and then we'll go right into your discussion. Commissioner Carollo: Well, I'd like to go right into my discussion when we come back. And the stuff that we got left, I think we could go pretty quickly on that, and we'll be ready to roll for the zoning items that we have. Chair Russell: We're in recess till 2:30. Commissioner Carollo: Thank you. City of Miami Page 168 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 NA.3 6963 City Commission DISCUSSION ITEM DISCUSSION BY THE CITY COMMISSION REGARDING A MOTION TO DISMISS THE CITY MANAGER. RESULT: DISCUSSED Note for the Record: A motion was made by Commissioner Carollo, seconded by Commissioner Reyes, which failed by the following vote: AYES: Commissioners Carollo, Reyes and Diaz de la Portilla; NOES: Chair Russell and Commissioner Hardemon; to dismiss the City Manager. Pursuant to Miami City Charter Section 4(g)(6), "...the City Commission by a four -fifths vote of those City Commissioners then in office shall be able to remove the City Manager." Commissioner Carollo: But today I am going to make a professional decision for the betterment of the City and make a motion to dismiss the City Manager. Chair Russell: There 's a motion to remove the City Manager. Is there a second? Commissioner Reyes: Yes. Chair Russell: The motion has been moved and seconded. Commissioner Reyes: Mr. Chair. Chair Russell: Commissioner Reyes. Commissioner Reyes: I also want to just explain why I think that we need to change directions. Chair Russell: Is your microphone --? Commissioner Reyes: Yes, it is on. Chair Russell: Thank you. Commissioner Reyes: I -- since the first day that I got here, when we started -- I started requesting and giving directives, and they have been -- most of the times have been ignored or they have been half accomplished, and they have acted as if they have done it. The consequence that all of those things I have to in all honesty say and -- that I don't frust the City Manager. I lost the trust on the City Manager. And I have given directives, I've requested a full efficiency study of the City and its departments by a third party with proper methodology. I received as fait accompli of a report that it was done in-house without any, any, any description on what methodology was asked. One thing that was very important to me, as well as Commissioner Carollo, when we first got here, we gave the directive to create a Housing Authority. And instead, the Administration provided a report and went ahead and gave responsibility to the Community Development. And we wanted to have meetings and workshops. And we had a little meeting here; that was it. Every time that I ask about the Housing Authority, he says, "Oh, wait a minute," you see. "Well, we are" -- "we decided to include instead of a Housing Authority, a housing department." But our directive was a Housing Authority. The lack of communication has been incredible, you see. It is very sad for a Commissioner to find things that are going to happen in the City of Miami through the paper, you see. City of Miami Page 169 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 There have been issues presented in the City of Miami that the Miami Herald has printed it before we have been informed. Also, there is a constant absence in all the meetings, particularly, in the meetings that I have when agenda prep. And I am dealing all the time with Mr. Napoli, which in my opinion, has done -- he is doing it very professional and that's the person that I need. And I don't understand why, if you are happy with your job, you start going around town looking for another job. It is incredible that this happen. And what really top it off is that I have requested information, and I only been able to obtain it when we have filed a public record request. Even the Miami Herald that said that that is inconceivable that a Commissioner has to -- I mean, has to go that route, you see. I think that we should change directions, and I think it's for the best of the City. And also, I really hope that our next City Manager doesn't have any outside job; is not working for another company. Commissioner Carollo asked him once if you have another job. He said, "Yes, as a consultant to some companies, " you see. But we don't get any report on that. We never authorized that or anything. So that's the reason that I am second this motion. Chair Russell: Thank you, Commissioner. I'd like to open the dais for discussion, if there 's anyone else. Mr. Mayor. Mayor Francis Suarez: Thank you, Mr. Chair. First, I have to say that I think this entire conversation is inappropriate. The Manager is not here today. He is attending to his wife, who is ill. And I think the appropriate way to handle something like this, if there were issues related to the Manager, is to wait until the Manager's here. And so, that's just on a procedural level. If there are issues that any of you have with the Manager or with me, frankly, you have every right to express those issues, and you can express them at any meeting at any time. And certainly, there's always room for improvement. I -- you know, I'm not going to sit here and tell you that -- you know, you 're in a government and government, in and of itself is difficult and can be difficult at times to reform. But I would urge this Commission to look at some of our statistics, which I think demonstrate that this Administration, the team that we've put together in this Administration has been an excellent team. We had the lowest homicide rate in 51 years my first year as Mayor, the first year that our Manager was the City Manager. This year -- I don't want to jinx it, Chief -- we're still below that number with a little less than 20 days to go in the year. And certainly, we're hoping and praying that we do come in below that number. We have, as you know, because you all voted on it, the second lowest tax rate in 55 years, 10 and a half percent growth; $3 billion in new construction that we processed through this Administration. We are -- he created an incredible team of wonderful employees that have come to the City of Miami that have dedicated themselves, that have had tremendous resumes to come here and help create a model for a city that is dealing with climatic issues that is being looked at by the entire world; not by the United States, not by the state of Florida, but by the world as a leader in resiliency and in adaptation. And so, I'm not saying that any of the concerns that you've expressed here are illegitimate or you don't have the right to express them. What I'm saying is, you know, I think that the -- first of all, it's inappropriate to even discuss these issues without the Manager being present to defend himself. And secondly, I think if you look at the results, you may not like him, for example, going to Tallahassee but he did come back from Tallahassee with a seven and a half million dollar reimbursement from the State for FEMA (Federal Emergency Management Agency) monies that we were due and outstanding. So I mean, if he takes a trip that's, you know, maybe a $200 trip and brings back a seven and a half million dollar check, I think that's a pretty good return on investment. Commissioner Carollo: He didn't bring that, Mr. Mayor. He didn't bring that, just like -- City of Miami Page 170 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: Just a minute, Commissioner. If we could -- one at a time please and I'll -- Commissioner Carollo: Thank you. Chair Russell: -- recognize you for sure. Mayor Suarez: Yeah. And please because, I mean, I think you spoke for about an hour and fifteen minutes. And so, you know, again, you're entitled to your perspective. You can disagree with me as to whether or not he brought the check back or whether it was his efforts that brought the check back or not. I mean, it's a fact that he went to Tallahassee and it's a fact that when he came back, the State reimbursed us for seven and a half million dollars. Those are facts. I mean, whether it was based on his influence or not, based on his relationships or not is open to debate, frankly. And it's open -- you know, and you may not like it and you may advise him that it's not advisable and we now have a former State Senator as a Commissioner and I think he's going to do a phenomenal job helping us with Tallahassee, frankly, so we can send him up there. He 's been up there many, many times and I think he knows how to get around Tallahassee, and I trust his ability to help us in those matters. You know, in terms of what time he gets up and what time he gets here and what time he leaves, I don't know. I don't monitor that. I don't follow him. I don't -- you know, I don't -- you know, I can tell you that when I call him, he picks up the phone or he returns the call relatively quickly. I could tell you that he has always been courteous and professional from the dais in all the things that he has done. You know, certainly there are times -- I think this happens to all of us -- where somebody will ask us a question on a particular item and we need to research it or we need to ask someone or we have a staff of you know, 26 department directors and 1,400 -- you know, 4,500 employees; and so, that's what every -- that's why everyone has a specific role and a specific expertise. I don't think that any Manager has -- knows every single department to a level of expertise and depth that would obviate the need for a Department Director. So I think this action is not appropriate. I don't agree with the action. I certainly don't think it's well timed. And I don't think, frankly, that there's been an escalation of issues that have been brought before this Commission to the Manager that would -- Commissioner Reyes: Mr. Chair. Mayor Suarez: -- just this. Chair Russell: Commissioner Reyes, you 're recognized. Commissioner Reyes: Yes. Mr. Mayor, it's not because I want to start an argument with you or anything, but we have to get the record straight, you see. About the -- among on the top highlights that I have of achievement by the Manager, there is one that says top five fastest growing city in the US (United States). What measure, what action did the Manager take to claim that is an achievement? Number -one city in the US for small business growth, according to Forbes. What was the initiative taken by him? I mean, the lower millage rate, it is because we have -- we are in a construction boom and our -- but not because of him. It is because the City it is in -- now the demand for new permits, new -- the tax base has been increasing. And it is impossible from an economic standpoint that in two years, you are going to create a construction boom or that you are going to create 3 billion in new construction. That is impossible. That is not one of those -- I mean, these highlights these achievements that have been -- you're crediting the Administration and the Manager, you see. Let's be fair. Let's be fair. I mean, even -- I mean, I will say, okay, that instead of -- we have two million added to reserve, okay, granted; I can give him that. But the problem is -- and my problem has been lack of City of Miami Page 171 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 communication, the directives by me have not been followed and there are answers that I have always gotten, there are -- I think it's a total lack of respect, like if I was somebody that I don 't know what I'm doing, you see, and that is a problem. I mean, it's very simple. Let's take it to a vote. If people want to keep him, keep him but we have to send a message that this has to stop and we have to take a direction. And everybody that sits on this dais deserves the respect that the -- because we have been elected by the people, you see. And the Manager works for the Commission and is paid by the people, and his -- all his staff is paid by the people, see. And also, another message that I want to send, we legislate. The Administration doesn't legislate; we legislate. We are the legislative body, okay, and that is something that I have been complaining about, and this has got to stop. And if you plan to legislate before you try, you can suggest legislation and come to every one of us and let us know what legislation is going to be, how it's going to affect us, how it's going to affect the people, and let us make a decision, but don't bring the legislation already cut. Mayor Suarez: Mr. Chair, ifI may just respond. Chair Russell: Mr. Mayor, of course. Mayor Suarez: Look, again, you're completely entitled to your perspective, and obviously, you're, you know, upset or unhappy with what you feel are some issues. And again, you have every right to express your concerns. I would argue that, you know, when you focus on creating a government that is easy to work with -- and that's what we 've been focusing on -- and I'm not saying that we're there but we 're focusing on it -- that's what's going to make you excel in being ranked in small businesses. For example, one of the initiatives was eStart, and we 're working towards being able to create a business in the City of Miami from your cell phone. I think that's something that's a significant initiative that will help us become easy and number one in small business in the US. I think these are statistics that you should highlight if you're the Manager or if you 're the Mayor, or if you 're a Commissioner, frankly. I think if somebody is looking at your government or your city and saying that you're number one in the nation in small business, I think that's something that you should tout and I think it's reflective of the government that you have. I think when you have historically low homicide rates, when you have a historically low tax rate, you're going to grow in population, right? That's -- those are ingredients for population growth, right? We're number five in population growth. I think that's a phenomenal statistic. Some people wouldn't like -- don't like that statistic, by the way. There are some people that think we 're growing too fast or maybe growing too much and it's something that we can obviously talk about. The construction boom -- we are in a construction boom, but we just did $3 billion of construction last year alone. That was just last year's construction, so that was one year's worth of construction that was $3 billion. So, I mean, again, we can debate about these statistics. I think it's all of our jobs, frankly, to collectively tell a good story for the City so that our citizens know -- Unidentified Speaker: Let's vote, 'yes" or "no." Mayor Suarez: Okay. Commissioner Carollo: If -- Chair Russell: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Chair. And Mr. Mayor, we 're all entitled to our opinions and I respect yours. Obviously, you know, like he said many times, you're his only boss, because he says you're his boss; he don't look at us that way. But I City of Miami Page 172 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 could go point by point of every -- of the so-called accomplishments that you claim he 's made to show that he's got nothing to do with any of them. The one area that I do want to touch upon is that it's not appropriate -- well, since September, I've been trying to deal with this. The last two months, for one reason or another, if he was not in Tallahassee, he had to leave; he was not available. So he wasn't here and I couldn't deal with it. You do not have to have the City Manager present when you have the sort of evidence that I presented that in any small, medium or large American city, if any elected official would have done what he did with those permits in the fashion that he did, least of all the City Manager, they'd be out the door, out the door. Now, he could deal with that in any other way that he would want to, but the fact that you're frying to say that he has to be here and it's not appropriate, it is appropriate because he knows this has been coming for some time. Now you mentioned one other thing -- and I don't want to go point by point, because we'll prolong this even more, but you did mention one and you don 't know of any of them that has tried to escalate this. Well, I did mention some; on invitations that I never got for activities in my own district. At the same time, I'm going to give you one that I really found disturbing, and this happened right after the election. The sergeant of arms, why would any sergeant of arms or any of us would have to be questioned as to why do they spend more time with us or not and where were we, and so on? And quite a few sergeant of arms all of a sudden have gone through that. Commissioner Hardemon, talk to yours and see what he 's got to say and some of the others here, and you talk about not escalating. Listen, I came -- I come from different worlds and one of them was law enforcement, too. And I know when someone is playing that game what they're trying to do and that they're running scared. I don't want to get into here a lot of stuff that I could get into, if we want to get into sergeant of arms, SIS (Special Investigative Section) doing security, having patrol cars giving a watch that at least twice during their shift they have to go by certain places or anything. That's not my intention and more. That's why I find it so outrageous that this has been going on. And I would find it extremely surprising if the Manager had no knowledge about any of that that's been going on. In fact, he's -- I remember after the strong mayor election, within two days, he meets with me in my office where we met for a few minutes today, there at my little round table, and he 's bragging to me how he had become your advisor, that he was advising you not to get into anything big anymore, that you had to win small things and this is what he was going to advise you to do and steer you, and so on. And you know what? I don't know if he did or not; that's between you and him. But what that told me is that this guy had no business being the City Manager. He was being a politician, just like he's shown in everything. You put the City television station, there ain't a day that you're not going to find him all over the place. Why is the manager being involved in all that instead of doing work for the City? When you gave the press conference the other day in Little Havana, announcing the rental assistance that we 're going to be doing, I stayed to speak to all those people afterwards. I wish you could have been there. They were all complaining to me that they can't even go out because of all the drug pushers, the crime they were having in the area. They were petrified. It's great that we have the lowest homicide rate in whatever amount of years, but it's also great that in the past years, we 've had probably the best trauma center in the whole world in Jackson Memorial that's kept a lot of people that have been shot in your neighborhoods, in my neighborhood from dying, so that's brought the homicide rate low. And I could go on to other reasons why that happens; not in the least that that's been the trend throughout most of the United States, and those are trends that happen; just like when they start going up, sometimes they go up for everybody. There are others that I won't get into, because I don't want to get into other areas. But, look, I do believe that the main reason that there has been more divisions than the normal between the elected officials has been the City Manager, and I believe it's happened because it's been to his advantage to have elected officials having major differences with one another, because that means that he's going to survive a lot longer and get away with it, and this is what's been happening. And this is why I City of Miami Page 173 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 put, besides all the reasons that I stated and more that I have, a lot more, the motion to fire him, because I think this City has truly been harmed by this individual. We have not moved forward in any of the ways that we should have in the last two years. And at the same time, he 's taken advantage of putting one against the other, back and forth. You know, if I ever had any doubt what "the swamp" meant, I know what "the swamp" means now. And if we would have bothered to have looked a little deeper, like we should have, and not just gone ahead blindly, voted for him to come on board. I was the only vote that said no and I said not because of him, because I didn't know the man. I voted against him, because I felt we should have had a national search, and I believe that that should be part of the Charter; that this Commission today, tomorrow, 20 years from now should select its Managers through a national search and try to get the best professional that we can; not an individual who's going to be a political hack. But if we would have looked deeper when he was the airport Director, what was reported at the time -- and I believe The Miami Herald -- you have more access with them than I do on any given day -- was that the man, as Director over our airport, had two dolls in his office. One was a doll of Hillary Clinton in prison garb; the other was a doll of Donald Trump. Now it doesn't matter if you're Republican, Democrat or Independent. Anyone that works for government simply should not have anything like that, as was reported in the papers. Furthermore, it wasn't all hunky-dory with him at the airport. I could tell you that I was in -- and happened to have just been there that day -- in Mayor Gimenez's office one afternoon that when he heard certain things that his Director at the airport, Emilio Gonzalez, had done, I've never seen Mayor Gimenez get so upset like he did. And in fact, before he decided to resign to come over here, Mayor Gimenez took all the procurement ability that he had in the airport. When you take that from your airport Director, it's a sign that you don't trust him, whatsoever. He was lucky that he found in Gimenez a kinder heart that would not fire him at the same time, and figured that after he did that, he would leave on his own, so he wouldn't have to fire him. If I would have been there, I would have fired him, andl think many other people would have too. So this guy doesn 't come from, you know, a squeaky clean, wonderful background. Read some of the other stuff that are out there on him. But that's in the past. What I'm basing everything on is my experience with him here, what I have seen. And I don't believe he's going to change at all in one bit. The same work ethics that he's shown here in the City were the same work ethics that I was told by County employees that he had when he was at the airport. Everybody in this City, beginning with you, knows that this guy doesn't work that much. The guy that has to do all the work is Mr. Napoli here. The same thing happened at the airport and the other Assistant Managers. How many times have I questioned him on the budget and other pertinent matters that a Manager that's on top of his game like any Manager should be should have the answers and he simply didn't know anything; and then trying to get others in the Administration to answer for him, because he's not involved. He's too busy frying to get, you know, the selfies so that he could put them up every day and of course, mostly during City time, too, while he's being paid by us; or trying to meet with this counselor, that counselor, you know, that's great, the life of the rich and famous. Now I also will say this to you: He has the option -- because that's the other thing that he's been looking to get out of the City, as much free publicity as he can on our dime so that at some time in the future, he could run for office. Well, heck, he lives in my district; not in the poor part of my district, but he lives in my district. I don 't mind. He could come and run two years from now. In fact, if he did, that would be the sure way that I would run again and not go to Shangri-La. Chair Russell: Thank you, Commissioner Carollo. Is there anyone else from the dais that would like to speak on this issue? If not, we're going to open for public comment. Is there anyone from the public who'd like to speak on this motion? It has been moved and seconded. According to our Charter, there is a four -fifths threshold to successfully pass an item such as this. So I'll open -- City of Miami Page 174 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: No, no, it's three. It's three. Chair Russell: Item 4 -- Commissioner Carollo: The Mayor could veto. Chair Russell: Pardon. Commissioner Carollo: And then -- Chair Russell: Please, gentlemen. Commissioner Carollo: -- it'll be dealt with. Chair Russell: Gentlemen. Item 4(g)(6) of the Charter, additionally, the City Commission, by a four -fifths vote of those City Commissioners then in office shall be able to remove the City Manager. It's a four -fifths vote. Victoria Mendez (City Attorney): Right. Chair Russell: But we need to make sure and I'm welcome for clarification, because these are not the type of things we want to get wrong. Commissioner Reyes: If not, we will send a strong message. Ms. Mendez: It's four votes when the Commission removes. It's three votes if the Mayor removes and then the Commission ratifies, so that's what you're remembering on the three votes. Chair Russell: Is there anyone here from the public that would like to speak on this item? All right. Is there any further discussion from the dais? Commissioner Hardemon: I just want to say very quickly that in my view, it's just a lack of due process in the way that we went about doing this. And the reason I say that is because we started this off with a discussion about Code violations -- or rather, permitting processes and how a permitting process at a certain residence amounted to wrongdoing, and that may be true. I don't know if it's true or not. You know, I haven't had an opportunity to really test any of the evidence that was presented before us, but neither has the person that was accused of the violation. And so, any time someone is accused of something, I personally believe that they should have an opportunity to respond; not necessarily in words, but through the process that's created for them to respond. So if, in fact, there is some allegation that there was some wrongdoing within the permitting process, there's probably a remedy that most likely doesn't involve this board. And it's unfortunate for any of us, be it the City Manager, be it a City Commissioner, or anyone holding any other position of trust when we have to hash out the details of private things, you know, in the public and I think that 's probably one of the biggest downfalls of being someone who is in the public light. And so, in regard to making a decision to remove our Manager because of that, you know, I couldn't support that. I just -- not yet at least. I mean, there would at least have to be something more than what was presented today, and how it was presented today. It is unfortunate that the Manager is not here even to face the accusation. I'm sure someone probably contacted him and he's on his cell phone or on his laptop watching this online and -- when he should be tending to his wife while his wife is in -- is going through something that's very personal to them. That's the best way to put it. And so, you know, his attention should be there and not here even though this is an important day for all of us to be here. It's an important day for the City of Miami. But that's why he has a good City of Miami Page 175 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 team, because none of us, not any one of us sitting here, not our Clerk or our City Attorney could do this without a good team. And so, you know, this is a very serious thing that I'm no stranger to. I mean, I've made a motion to remove a Manager before, and I did it because of what I perceived that Manager's behavior was towards his employees, how he treated the people that worked for him, and it led to a long discussion, passionate discussion, and ultimately, I removed that motion. I didn't seek furtherance of it. But I would say that before I made that motion, I had many experiences with that Manager that I didn 't perceive to be pleasant and things were difficult, I would say. And after that motion, after our exchange of words with each other in private, he was a better Manager to me. And I'm not saying it's because I made the motion; I'm saying that because he put forth better effort. And so, I think if this is about the effort that our Manager takes to please each of us and our offices, I think the message is very loud and clear that he needs to make a greater effort. I don 't have the same issues that you all have with our Manager. And I will say in regard to other things that you said, Commissioner, regarding like sergeant at arms and such, I have a very good and close person to me that once said to me that, I wouldn't ride with the sergeant at arms if I were you." And I said, "Why?" He said -- well, basically that "Who likes being detained all the time?" And so the idea that we have individuals in law enforcement that are taking us from City business to City business is like a rose, if you will. It's beautiful, but it's thorny, and it always goes to wonder who they work for, right? And these are members of law enforcement who are typically those who have had some experience in SIS. They have been through many departments within the Miami Police Department. They know how not to be seen. They know a number of things, but the most important I think duty they have is to protect us, as elected officials. And I will say here on the record that no elected official in the City of Miami is greater than another, no matter if you were elected by district or by a city. We are all equal in that. We are all supposed to be protected with the same vigor. And many of us have faced physical threats here in the City of Miami. And so, it was the sergeant at arms that helped guide us through those processes that led to our safety even if it meant the arrest of individuals. And so, it's troubling to me to hear when a sergeant at arms may be questioned about the whereabouts of a Commissioner, so I will say that to you. And I would like to know whether or not it comes from our City Manager's Office. And I think that's a very important question to answer, because we are all very -- well, we know that we use our sergeant at arms for City business. And in this sort of business there's always something -- if you look at our schedules, there 's always something going on. It is never a day that I step outside when I'm interacting with the public that I'm not the Commissioner. And so, I am always bombarded with questions regarding our city and we have events and we have meetings, and we have days that we go from here to there. And so, our sergeant at arms is usually not someone who 's describing our daily activity to anyone. I would never expect our sergeant at arms to do that or share that with anyone. And so, you know, as -- in my experience, when a sergeant at arms or anyone is being questioned about the whereabouts of a person it's because they are -- they're under some sort of investigation; someone's collecting details in order to cause a harm to that person, or to bring about a process that that person may have to go through. And so, you know, I think these are very serious things that you've described, and I'm one of those people that believes that things may be strange or may happen strangely on the dais, but I don 't always think that the things that happen on the dais are wrong; some things are very right. Some things that are said here are spot on. And sometimes we hear about things on the dais that can, you know, cause like the hairs on your back -- for us men -- to raise. And so, you know, there are some things that we certainly need to figure out and get some questions answered. But the question, which is the motion to remove the City Manager today, I don't believe is one of those things. Chair Russell: Thank you, Commissioner Hardemon. Further discussion? Welcome to your first day on the job, Commissioner Diaz de la Portilla. It's like this City of Miami Page 176 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 every week. I've been inspired by a lot of the things you said in your swearing in speech and the years of experience you've brought. These are certainly not new things for you, to see such conflicts politically, personally, administratively. I'd love to hear from your experience some concepts and ideas on this, because for me, I'm -- well, if you have anything to contribute. Clearly, you have a vote, but is there anything you'd like to share with us? Commissioner Diaz de la Portilla: Well, it's my first day on the job, as you noted. I haven't had any experience with the City Manager. It's my first day here. I have heard over the months of other elected officials who've had bad experiences with him on this dais. I think the environment here is toxic. I think we need to move our city forward. I think we need a new start if we care about Miami and about its future. And I think Miami and its future is bigger than any one man. I'm going to vote "yes." Chair Russell: Like Commissioner Hardemon, this isn't the first time. I've faced this issue before, as well, under a previous Manager, and a couple times, we did. I wouldn't wish having five bosses on anyone -- six bosses. It's a very difficult system; me, coming from a business perspective, its untenable to serve so many. It makes it more of a political job than an administrative job. Most of the things that I heard today were political and personal, but some were legal. Some of the things that you brought up are legal, and not unserious; they're important. I would like to start by saying that I have never had an unprofessional moment with the City Manager. He's always been prompt with me. He's always been courteous and the team he has put in place has been his saving grace up till now, because I believe a lot of the problems that you're seeing -- and I recognize your frustration, Commissioner Carollo. It's been for a very long time. I see you as a Commissioner, unhappy; unhappy for your district, for your residents, for the businesses in your district, and for the process. It's -- this isn't a surprise that you're bringing this, so I'm not surprised that we are here today. And I know you bring this from a sincere place whether it's personal, political, administrative, or legal. The City needs to be stable, and we're not. Can we ever be under this system of government, the way we are where a Manager serves five Commissioners and a Mayor? It's hard to say. You have been a Manager; you have been a Mayor, and that probably leads you to your conclusion sooner than others. I do believe everyone has different management styles. And the management style of our current City Manager has at times been frustrating. I understand where you're coming from, because he's a delegator. There's not a lot of detail in the moment, like you say, but that's where, as a Manager, you can be a successful Manager if you surround yourself by those who are -- as I say for my own self I recognize my faults and I fill in those gaps with the people around me, and he's certainly done that with a stellar team. So where you may have been a very detail -oriented, hands-on Manager, we have a Manager who is more of a delegator. And I'll admit I have found that frustrating, as well. I -- there are definitely initiatives that have been put in place from this dais that have not been completed. There have been directions that have not been done. And so, for that, that puts me in a position of empathy with your frustration in that sense. What Commissioner Hardemon has said is very true with regard to process. I have a very difficult time with this vote in this moment for a very specific reason that the person being accused is not even here to defend himself, and for very grave reasons. He is with his wife and if you know what she is going through, it's no -- we 're not talking about a cold here. And so, there is no other reason that he's not here. I guarantee you, he would be here to defend himself if it weren't for such a serious situation at home, and before Christmas at that. But all of that aside, I am most concerned by the legal accusation. This is an accusation of fraud for the application of a permit, and I have not had the ability to -- I've never heard that before. I don't know any of those details and their facts and I was frying to follow along, and that's why I asked a few questions. That sort of an investigation to see whether true fraud has been City of Miami Page 177 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 committed or not can be ascertained by various bodies. And you could seek that sort of an opinion, and that's ironclad, because if fraud was committed there, we have a - - that's not about opinion; that's not about politics; that's not about personalities. And so, for my part, I wouldn't fire someone over their management style unless it damaged the City. I wouldn't fire someone over politics or personality, even if someone I just didn't get along with or didn't like them but they were doing their job, I wouldn't fire them for that. But this accusation is very serious and -- however, I don't have the tools before me to follow through on that investigation. So I don't believe that I can vote to remove the City Manager today, but I will say this City needs stability moving forward. We need to be a team up here that 's not against the team working for us and the City, because the team behind this wall that 's serving us is really serving the City and so are we, and it should not be an adversarial position. So if we cannot solve this adversarial position, we can't continue long term; whether it's four -fifths, three fifths, whatever it is, we're going to be a mess. The City of Miami has to be the greatest city in our country, and we can only move forward with some sense of unity, with some sense of common goal. I'm very optimistic about this dais. I really believe whatever our differences personally, politically or otherwise -- I wasn't going to say age. Commissioner Reyes: Yeah, I know. I know you have it for me being old. Chair Russell: Let me finish. I -- Commissioner Reyes: I know. Chair Russell: Sorry, a moment of levity but I really am optimistic honestly for the City, for us under this Mayor; under this Manager, if it's him. I really believe we can make it. I see -- I know he can do better for you, for me, for anyone on this body, but I don't believe today's the day. Commissioner Reyes: Okay, can I say something? Chair Russell: You're recognized. Commissioner Reyes: Okay. You see, I heard and I was a little hesitant at the beginning and I jumped in when I heard it, because I have very, very strong arguments and very strong reasons to second this motion. But I -- the only thing that I want to clarify is that -- I mean, you and Commissioner Hardemon are claiming that this is not right, and also the Mayor, because the Manager is not here. Well, we have a motion and we have a second. We have argued this motion. The only thing that we haven't heard is from the Manager. And if my fellow Commissioners agree, can we delay the vote until he comes and sits there and defend himself so an excuse - - that excuse is thrown out? Can we do that, Madam City Attorney? Ms. Mendez: You could do whatever you want as the Commission, obviously. Commissioner Reyes: I don't know if the proposal -- I mean, the proponent of the -- will agree or we continue this. But one thing that is sure, I do agree a hundred percent with Commissioner Diaz de la Portilla that the atmosphere is toxic. There is a constant confrontation between -- and I have witnesses. It's a constant confrontation between my office and some of the Administration and the Manager. The Manager never shows up. And yes, yes, yes, yes, whatever you tell him, yes and then nothing is done. Directives that are given not because of capriciousness because it's not because I want to do something out of -- no, because they are needed and will help the City of Miami; they are not followed. So I don't know if we can take the vote or if we could just ask the Manager to be here and then the motion is City of Miami Page 178 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 there; the second is there, and then we vote. I don't know, because by needing four votes, it seems like we won't be able to see that but maybe -- Commissioner Carollo: No. Chair Russell: So, Commissioner Reyes, by the tea leaves this would fail on a 3/2, but your potential recommendation is a subsidiary motion to defer. Commissioner Reyes: No. I'm just -- Chair Russell: I obviously misunderstand. Commissioner Reyes: -- asking a question. I am asking a question. Chair Russell: That's why I said "potential," because it -- Commissioner Reyes: It's a potential. Chair Russell: -- that is an option for you -- Commissioner Reyes: Yes. Chair Russell: If you would like to propose a subsidiary motion to defer and there as a second to that and a vote, this would hold. Otherwise, it would take -- Commissioner Reyes: And it all depends -- Chair Russell: -- a vote. Commissioner Reyes: The person that made the motion was Commissioner Carollo. Chair Russell: Of course. Commissioner Reyes: And I want to know how my fellow Commissioners feel. Chair Russell: So that would be a vote or we'd take the vote, because that -- Commissioner Carollo is here to have his day -- I mean, he has waited a very long time for this. And if he would like his vote, he deserves it, butt believe he sees where it's going at the moment. But I think you feel an empathy from your fellow Commissioners here of your frustration and a willingness for the City to move forward -- Commissioner Carollo: You know where -- Chair Russell: -- in the motion that you made, of course, on your -- as a second. Commissioner Carollo: -- the frustration really lies? In seeing how my residents in District 3 are being punished, because the City Manager and his key people don't like one of their bosses saying the truth to them and standing up to them. But I want to thank you, Commissioner, even though at this point in time you're a "no" vote. I want to thank you for giving a very (UNINTELLIGIBLE) thinking, intelligent speech and balance. You know I want to work with you just like I know you want to work with me, and we need to to accomplish great things for this City in just this corning year alone. We've been truly at a standstill with all major projects the last two years. I don't care how much they want to sugarcoat it, we all know that this City has been at a major standstill with so many things that we need to do; not the least, housing. But again, I thank you for being paused in your response and in your City of Miami Page 179 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 answer. But truly, out of everything that everyone has said here, including me, the one sentence that stood out to me that really said it all was by the newest kid on the block when he immediately gave a sense of what he's seen here, the toxic atmosphere that we 're living in. No matter what you want to say, you cannot move a city forward with a guy that wants to be front, center, right, left. He wants to be everything, except put a full week's work. Now to give you an example of what's wrong with our City, I'm having backflashes of when we had a former Police Chief that then became a city manager, Don Warshaw, here. And he didn't care what he had to do to hold on to power. And I came out and I stated what he had done. And, of course, by some I was accused that I was a crazy man. It's not so. But then the FBI came and took him away in handcuffs. I remember the meeting that he was fired in, and I remember seeing the same thing I'm seeing here today. The military branch -- those within the military branch that benefited from Warshaw all around here. This picture that I'm seeing here and I've been seeing here, this is toxic. We shouldn't have our top brass in the City from the Police Chief the Assistant Chief and others be hanging around there in that fashion. That just sends such a bad message and it just reinforces what I'm saying that has been going on in here. You know, you talked about our lives are equal. Commissioner, I believe your life is worth as much as mine and mine is worth as much as yours, and every one of us has lives that are equal, just like any one of our residents. But none of us -- or all of us have not been handled in the same fashion. My life was worth a lot less than some others' lives here. When allegations were made at the potential harm to me, that included a potential supposedly Venezuelan hit team that was looking for me. I don 't know if it's true or not, you know. I wasn't a great believer of it, but those were real allegations that came to me. I wasn't treated in the same way, nor was there the same concern as has been given to others. The one thing that -- and I'm glad that you saw the seriousness of what I brought here, Commissioner, because it is serious. The one thing that I left out was that shows you that there, indeed, was something to hide was that after our City Manager had been living in that house about 20 years almost, only after he filed this application in the way that he did -- and I have a pretty good idea why he did that the way he did -- he then went -- when he could have done it 20 years back at any time -- to the Property Appraiser's Office to use his military rank in service to black out any information that anybody could get on aerial pictures or anything on his home. Now he has a right to do that, like I do, as a former law enforcement officer and I haven 't done it; I probably should. But the fact that he did it then right after this was telling that he was trying to hide fully what I described here. Now it's fine to say that, "Well, we let the process go," and everything else, but do you really think that anybody in our Administration is going to look at this? I mean, it's like asking the fox to check the hens and make sure they're safe and okay. So the only way would be for this body to exercise its subpoena powers and let's bring all these employees, let's go through the whole process with subpoena power with people under oath, and let's get to the bottom of this; which, to me, is very clear what's happened. I mean, you heard the number two man in the Building Department, before he knew or maybe he started wondering or knowing after he saw some pictures then he heard about the deck and so on, but you heard the answers that he gave. You needed surveys. You needed to do a whole process that wasn't followed here, whatsoever. An hour and 23 minutes and six departments signed off on everything; nothing was needed for this man. Now I'm going to be frank with my fellow colleagues. I don't even feel safe in my own city anymore. You know, Little Havana all of a sudden in the tourist area, I don't know where they came from, but we have been invaded with drug gangs, and it 's not your typical drug gangs that you'll see in Liberty City, Overtown, Allapattah, other areas. These are mainly elderly looking men, women that are strung in crack cocaine that are sellers and users and everybody's on bikes; riding bikes on the sidewalk, hitting tourists, hitting local residents. It's against the law, but nobody does anything about it. The only person that's gotten a ticket related to bikes was my wife, and she was driving a car and the police officer said she made a left turn or whatever turn going City of Miami Page 180 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 against traffic -- which she wasn't -- with a bike, because that's what they put in the statute but she was riding a car. And, of course, the judge threw it out and the other tickets, just like mine were thrown out within a few weeks apart. Any other Manager, when I brought those stories out some meetings ago, would have looked into it. This Manager, he didn't care. He did not care, and this is why we have a toxic situation. I started as a 24-year-old young man, and I'm not a young man anymore. And never in my life with the history of the City of Miami, either being up here or as someone watching from the outside, have I seen the situation that we're going through now where a Manager wants to run this City almost in a militarized fashion, with an ironclad hand. Don't you think, Mr. Chairman, that you have the same right as any resident that 's sitting out here or at home or anywhere in our City to ask questions; ask questions of your directors, other top employees to help your residents when your residents are calling you for help, which is why they elected you? Well, we are allowed to do that. Our Manager gave orders for no department Director, no one to be able to speak to us directly. We had to go through him to make a process never-ending in some cases and for some Commissioners in being able to assist our residents. Commissioner Reyes: What was the reason that he gave that? Commissioner Carollo: Well, Commissioner, I -- Chair Russell: Commissioner Reyes, I'm sorry. I couldn't capture your question on the record. Commissioner Reyes: What was the reason that he gave for that? I don 't know. Do you know it? Commissioner Carollo: He threatened with the Charter -- and I've never seen a Manager threaten any elected official with that provision of the Charter; I haven't. In fact, when I was Manager, I'd let them know right off the bat, you know, I wasn't going to play with that provision of the Charter that most of our cities, at least down here, you know, have the similar provision. It just might be a little different than the other but the bottom line is the same. What we cannot do -- and rightly so -- is give orders in the system -- Commissioner Reyes: Absolutely not. Commissioner Carollo: -- to employees. By God, then we can't ask questions to get information? And then he puts you in a situation that you're even concerned of asking a legitimate question to help your constituency, because someone might lie and say that you gave them an order. Commissioner Reyes: Or you have to file a public record request, because I had to. Commissioner Carollo: Now, Mr. Mayor, I want you to understand this. I want you to understand this, Mr. Deputy Manager. And Chief I want you to understand this. If I or my family are going to be targeted in any way by any part of this City, I assure you I'll spend the last penny that I have and unfortunately, I'm going to have to sue the City and go after any of the people that I feel are involved. And I'll do whatever it takes, so please understand that. Mr. Napoli: Sir, that's very clear. And the Chief is not here. He was here, because you were mentioning some issues about the police and I think he would just like to mention a couple responses. We can wait until after but -- City of Miami Page 181 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: If a response is needed, Commissioner, I -- and we're -- I really appreciate the way that all has been handled today. Nothing has been inappropriate, illegal, unethical or out of order. You are right. This body has the right to investigate, to ask questions, even if we want to go that route towards subpoena, et cetera. There are other bodies outside of the City, a third party, if you wanted to go that route, which could also be appropriate, whether it's the Commission on Ethics. There is a potential misdemeanor with the fraud accusation; that's the State Attorney's Office. But really, you see where the votes are here today. The ball is in your court whether you would like to vote, defer or withdraw. Commissioner Carollo: I, for one, would like for the vote to go forward. Chair Russell: On the record. Commissioner Carollo: I've learned something in life, Commissioner, and that is that cowards die a thousand times, but if you're brave you only die once. So I'm not a coward. I would never be a coward in my life. And just because I will not be in the prevailing side, I think that this motion is a valid motion. I think anybody that's been listening sees the seriousness of what we brought from the beginning; that's why I brought that out first. And if this City is going to have the opportunity for real stability, that doesn't mean that we could -- we 're not going to have differences. We have difference of opinions, but I'm talking about stability and moving forward. Then we need to bring a real professional City Manager, and I don 't care where we get him from. It could be from any of the four corners of our country; it could be from our own backyard, if we have them there. But we have to do an appropriate national search, real transparent, where we really go into the background -- Commissioner Reyes: Yep. Commissioner Carollo: -- of the people that we 're going to be able to have the Mayor choose from since he's the one that gets to pick the first one. We approve it or not afterwards, but give him that opportunity to look from there so that the people in Miami know that we didn 't just put a political hack there for whatever reason, that we're putting a real professional. Otherwise, why have a Manager form of government? Now Miami has voted, and 65 percent almost, they didn't want a strong Mayor so we have a manager form of government. Commissioner Reyes: Let 's have a good one. Commissioner Carollo: But I think Miamians want a professional, professional Manager. Now you talked about other departments and so on. Well, because we've had a politician for a Manager, he spent so much time in Tallahassee with key politicians up there promoting himself and he's still thinking that he's in the running for President of Miami Dade, and he might very well be. But I don 't know if we can get the State to come in, because I don't know if he might be able to get someone to run interference or not; I don't know. I don't know what other contacts he has in other places, but I will tell you this: In open dais for everybody to see and hear, giving subpoenas to our employees and making them know that, "Look, we just want the truth through this whole process, how it went, who told you what, who asked you to do this or the other," you're going to be surprised what you're going to find. Obviously, when you have the City Manager that's god, he's got all of the power in the world, in the military with him, it's going to intimidate a lot of employees and I guarantee you they're intimidated, and that's part of what really just rung in my ears when Commissioner De la Portilla talked about the toxic atmosphere that we have. Chair Russell: Thank you. I'd like to bring this to a close and call the question, or is there any final comments anyone would like to make before we vote? Mr. Clerk, if City of Miami Page 182 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 NA.4 6964 City Commission you could call the vote, please? And I'm sorry, there is no public comment? Nobody here would like to comment publicly? I want to make sure I give full ample opportunity for anyone who'd like their two minutes. All right, closing public comment. Roll call, please, Mr. Clerk. Todd B. Hannon (City Clerk): Roll call on the motion to dismiss the City Manager. Commissioner Reyes? Commissioner Reyes: Yes. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Diaz de la Portilla? Commissioner Diaz de la Portilla: Yes. Mr. Hannon: Commissioner Hardemon? Commissioner Hardemon: Against. Mr. Hannon: Chair Russell? Chair Russell: No. Mr. Hannon: The motion fails, 3/2. Chair Russell: Thank you very much. I need a ten-minute recess, please. Thank you. DISCUSSION ITEM DISCUSSION BY COMMISSIONER CAROLLO REGARDING SECTION 14 OF THE MIAMI CITY CHARTER AS IT RELATES TO THE CITY COMMISSION'S ABILITY TO INVESTIGATE OFFICIAL TRANSACTIONS, ACTS AND CONDUCTS, INCLUDING THE ISSUANCE OF SUBPOENAS. RESULT: DISCUSSED Commissioner Carollo: Can I --? Chair Russell: Yes, Commissioner. Commissioner Carollo: When would the Chair would like the pocket items for the day? Because you have two that I would like to be a sponsor of even though they were presented by others. And I'd like to bring a third, because after the discussion that we just had previously, you can't leave something like this in the air and we just go on, and nothing happen. So when would you feel comfortable that we take it up? Chair Russell: If we can do it quickly. I have a D4 pocket and a mayoral pocket. Is that all that's left? City of Miami Page 183 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: And you have a resolution that I'm going to be presenting for the Commission to constitute itself under Section 14 of the Code of Ordinance where it says, "Commission may investigate official transaction, acts, and conduct. The Mayor, City Commission, or any committee thereof may investigate the financial transaction of any office or department of the City Government and official acts and conduct of any City official, and by similar investigation, may secure information upon any matter." It goes on and on and on. It says, "It may require the attendance of witness and the production of books, papers, and other evidence, and for that purpose, may issue subpoenas, which shall be signed by the presiding officer of the Commission or the Chair of such committee as the case may be, which may be served and executed by a police officer." I need we -- I believe we need to get the City employees, get records, and get to the bottom line ourselves in a very transparent way as to the information that I presented that had to do with the permits and everything pertaining to that. Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes, Commissioner Hardemon. Commissioner Hardemon: The first thing I'd like to say is that I don't think that's an emergency ordinance -- I don't think that that is a resolution that needs to be done right now, right? And the reason I say that is because the first thing I -- the very first thing I would say to you is this: If I were accused of a wrongdoing that was criminal in nature, with all due respect, I would tell you all, "Kiss my" -- why? Because in the court of law -- right? -- I would have to answer to those sorts of allegations; and even there, I have a right to remain silent. And so, you know, you can investigate all you'd like, but when it comes to, you know, acts of criminality, being here, this is not a criminal courthouse. This is not a criminal courtroom, and there are employees of Cities and Counties and States that all get some sort of due process when it comes to things of this nature. And so, you know, I kind of just want us to consider these things. The things that you talked about are very serious things, I will admit to that; very serious things. And so, I think all of us want answers to the issue that -- Commissioner Carollo: This is not -- Commissioner Hardemon: -- directly like that. Commissioner Carollo: -- a criminal court. This is a provision in the Charter that's been in the City of Miami Charter long before any of us were around; in fact, long before, probably, any of us were even born, and it's to get to the truth of information. If, through getting through that information and getting to the truth, there might be information that comes up that's criminal in nature, then we could send it to the appropriate agencies, or they might be wanting to get if from us before we do anything. But we have a right, an absolute right to find out what is going on in our City, and that has nothing to do with the criminal aspect of it; it's got to do on the actions of our own employees and people within the City. Commissioner Hardemon: No, and I completely understand that, what -- Commissioner Carollo: And people will have due process. There's no kangaroo courts here or anything else. Commissioner Hardemon: But the -- when we do things -- that means Miami City Commission -- it sends a resounding message to anyone that has to stand before this lectern. The way that we -- City of Miami Page 184 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: You say the truth, absolutely. Abso -- I hope we do that. Commissioner Hardemon: -- approach people, the way that we ask questions, the way that we question them, I mean, these are all things that I think we -- you know, the authority that we have being here is one that is, in and of itself, intimidating. I'm not talking necessarily about the -- just the Manager here. I mean, all of us can be accused of some things, and to have to defend ourselves on this dais is not something that I think is fair, right? And so, this is a space that we do business. Yeah, I know that we have rules that we can implement to get to information. I think we have a lot of research to do to figure out what's going on here, and we shall do that. But all I'm saying is that as far as -- we have six, seven pocket items. I mean, that's not how we do business. Commissioner Carollo: No. I believe we only have two, and this would be three. Commissioner Hardemon: We have one, two that we just passed -- Commissioner Reyes: Yeah. Commissioner Hardemon: -- three -- Commissioner Carollo: Oh, those were passed? Well -- Commissioner Hardemon: -- that's what I'm saying. But my point to you is that we continue to have these pocket items without any notice to the public, right? Chair Russell: They do have to be of an emergency nature, Commissioner. Commissioner Hardemon: They're supposed to be of an emergency nature. Commissioner Carollo: But if you don't find that it's an emergency in nature to get to the bottom of the facts and truth; if the guy that has the authority of God in our City that he could do whatever he pleases -- and it's obvious that as of now, he knows he can only get three to fire him -- not to the fourth -- so he's still playing, you know, and he's in the game. So -- Chair Russell: Commissioner, there's no question as to the urgent -- the importance -- but the urgency and timeliness, I -- but beyond that, I'd like to bring up one thing that we should be concerned about. We do have the legal power to do exactly what you're saying; you're absolutely right. We have subpoena power. We have investigative power and -- Commissioner Carollo: It's been used in the past. Chair Russell: -- it's -- of course. And whether or not this Manager survives this process, we are still working with an entire Administration of hard-working people that will be very demoralized through a process of subpoena, and then bringing them before us in this venue with us -- they're in a sense co-workers -- to do this process; that's why I almost recommended the State Attorney's Office as a third party, unbiased. This is a misdemeanor that we are talking about; fraud on a permit application. Commissioner Carollo: Well, not necessarily; some might be of higher grade. Chair Russell: And even more so than what we would drag our body through, if we're looking for stability and a forward motion, and a unity of the City, that process is going to be an ugly process -- City of Miami Page 185 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: Well -- Chair Russell: -- for those who work for us and come before us, and for us to interrogate them -- Commissioner Carollo: -- it would be a very quick process. It would only be ugly if someone's going to come here and lie. But it would be a very open process; that I will be happy to make it as simple as possible for anybody that comes in. But if you think we're going to get to the truth in just leaving it like that, it's not going to happen. Chair Russell: Yeah, but it's not just leaving it. It would be giving it to a third - party body that is respected. Commissioner Diaz de la Portilla: Mr. Chairman? Chair Russell: Commissioner, yes. Commissioner Diaz de la Portilla: Mr. Chairman, what process would you recommend? I mean, we had some -- and, of course, I'm -- it's my first day, so I listened to the evidence that was presented. Chair Russell: Yes. Commissioner Diaz de la Portilla: But some of it appears to be pretty damning. What process do you recommend to see if, in fact, forgery was committed, if perjure -- if fraud was committed, if perjury was committed? What process do you recommend? Chair Russell: A third party that we respect, whether it's the Commission on Ethics or the State Attorneys Office; that way, we can continue with the business of the City while an investigation happens. A report comes back to us that wrongdoing happened or did not; and then, we can make an unbiased decision, based on a third party's findings. And it doesn't slow us down for the next two months, and bring down the City to a place that projects to the rest of the world, because when we do it here, the rest of the world will be witnessing us dealing with our own employees in a very negative way. Commissioner Diaz de la Portilla: I agree. But I've been watching from afar for the past year, and I haven't liked what I've been seeing. Chair Russell: Agreed. Commissioner Diaz de la Portilla: And the whole world's been seeing that. Chair Russell: Agreed. Commissioner Diaz de la Portilla: If there is instability in the City and we want to move the City forward and we have that toxic environment I spoke about, then we have to get to the bottom. We have to get to the truth, whatever the truth is, and wherever that truth leads us to. To leave it hanging when you clearly don't have four votes -- We have the majority of a Commission that is unhappy with its Manager. To me, that's a serious problem when we're trying to move forward; again, because, as I said, the City is much more important than any one man. We have too many important issues to deal with that we have not been able to deal with that I've been watching from afar; unattainable housing that we talked about, you and I share a common, you know, a common aspiration to find a solution, as does City of Miami Page 186 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo, as does Mayor Suarez. But I find that the environment has not allowed the conversation to take place. The environment has not allowed for us to find common ground on important things that Miamians expect us to do. So if we don't have the truth and we let -- leave it hanging -- Chair Russell: I don't want to leave it hanging and -- Commissioner Diaz de la Portilla: -- and we say, "Well, some evidence was presented that some things happened that are improper, plus other allegations of non -responsiveness to certain Commissioners" -- I haven't felt that effect, it's my first day, but there are two colleagues who have; I don't believe they're lying to us. They feel that way. They may not be completely correct in their perception, but I have a feeling that I have to rely and trust their judgment, as I trust yours and I trust Commissioner Hardemon's. We have an issue on this Commission; an issue of unity, which makes it -- we have some serious issues in the City of Miami that we need to address. You, as Chairman, need to find common ground here today to see how we move forward. Chair Russell: Yes. So you would be in favor of this body being the judicial body over the investigation into the potential wrongdoing of a permit application by the City Manager? Commissioner Diaz de la Portilla: Yes. Chair Russell: I understand clearly where you're at. I simply don't want to be that body. I really feel like -- Commissioner Diaz de la Portilla: Then what do you recommend? Chair Russell: -- because I wanted -- because there are personalities here. We have our personal conflicts with this Manager, as well, and I don't want the decision to be considered political or personal. I want it to be a judicial decision that brings back -- and if someone comes back and says, "There is wrongdoing here" -- Commissioner Diaz de la Portilla: Mr. Chairman, I have no -- Chair Russell: -- we could not deny it. Commissioner Diaz de la Portilla: -- eye. Chair Russell: Yeah. Commissioner Diaz de la Portilla: This Commissioner has no personal conflict. Chair Russell: Of course, you don't, but I -- Commissioner Diaz de la Portilla: I have no personal conflict. This is not my fight, except it's the City of Miami's fight as I see it. I have no personal issue with the Manager. I haven't experienced anything under this Manager. It's my first day on the job. I do see what's happening. I'm not blind. As a citizen, I watched, way before I was campaigning for -- a year before that when this Manager came to the City. I saw the animosity and the problems with the City Commission. We are, they were; now I am, too, his boss, and -- Chair Russell: Understood. City of Miami Page 187 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Diaz de la Portilla: -- he has to be responsive. And some of the bosses -- let me finish -- have to be -- all the bosses have to be happy with him; not just some of them. Chair Russell: Understood. Commissioner Diaz de la Portilla: You express your own reservations. Chair Russell: Yes. Commissioner Reyes. Commissioner Reyes: I just want to clam it. I don't have anything personal against Emilio Gonzalez; it's just his style of managing that I have a conflict with. As a matter of fact, if he'd buy me a beer, I'd sit down and drink a beer with him. But I will not -- I don't have any -- and this is not a personal conflict. This is a management -- Chair Russell: But you have a professional frustration. Commissioner Reyes: -- I have a professional -- because I'm a professional, and I want to do the best for the City of Miami. Chair Russell: Yes. And -- Commissioner Reyes: And when the -- What I'm trying to do, what -- the programs that we're trying to implement that will be in the -- on the -- I mean, for the benefit of our residents, I don't see them being treated the way they should be treated. Yes, I'm frustrated, and I'll be frustrated until they start doing -- Now, going back to what was presented here, I think that we have to clear the air. I think it is extremely important. If this process that you don't like -- I mean, I join Commissioner Diaz de la Portilla in asking, what process is the one that you consider that is a proper process? But something got to be done. We cannot leave this hanging in the air that -- the question of "Was something illegal committed or not? Was something wrong done that violated the Charter of Miami or not?" I mean -- Chair Russell: I want that decision to be respected in the end -- Commissioner Reyes: -- we have to -- Commissioner Carollo: Well -- Chair Russell: -- because even though we may be able to be unbiased, I want the optic, as well, from the outside that we're -- Commissioner Carollo: Okay. Let me -- Chair Russell: -- and let me tell another reason. We have so much business in this City to conduct that we're already falling behind on for our residents that have been here all day for many, many, many things. And as important as this is, I don't want to lose sight of that. We would have to have special meetings, separate from our current existing meeting. Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: I wouldn't want to mix them, so people don't wait -- Commissioner Carollo: Yeah. City of Miami Page 188 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Hardemon: Yeah. Commissioner Carollo: Let me -- Chair Russell: -- but I almost recommend if State Attorney is not -- the Commission on Ethics. Recommend it to the Commission on Ethics -- Commissioner Carollo: -- let me -- Chair Russell: -- to do a full study and come back with a recommendation. Commissioner Carollo: -- bring another thought for us to consider. But before I do that, let me say the following: What -- this Commission and this City cannot afford to bring on an outside agency of any kind where this lingers for a year, year and a half, and I guarantee you that most of the agencies from the outside, this is going to happen. That would be a disservice to our residents. Now, there's an additional possibility that we can consider that will work with us, but will take some of what you mentioned out of our hands. We have an Internal Auditor that we trust for many investigations. Now, I don't know if he has subpoena powers or not; if he doesn't, he could have it through us. We will bring him on as the person that's going to investigate it, so he could have that subpoena power through this Commission. He's someone that he works for us already. He's unbiased in what he looks at. Commissioner Hardemon: That's true. Commissioner Carollo: We look at his reports all the time and -- Chair Russell: Madam City Attorney, could we empower the City Auditor to look at the applications and see if there was any --? Because, really, what you -- what the accusation is should be very clear. Victoria Mendez (City Attorney): So -- Chair Russell: It should be clearly seen -- Ms. Mendez: -- the duties of -- Chair Russell: -- through a timeline and -- et cetera. Ms. Mendez: Yes. So it can be done, because -- Commissioner Hardemon: A committee of one. Ms. Mendez: -- it is -- the IAG (Internal Auditor General) has certain duties and powers, or as may be assigned by the City Commission or any member of the City Commission. So he's primarily audit functions and all that, unless you assign him something else, and this can be the something else. Chair Russell: Is Mr. Guba here? All right. So I would be with you on that. Commissioner Carollo: Okay. And we could assign him subpoena powers as he needs it. I think the way we would have to do it, we would have to constitute ourselves as a committee, as the Charter says. Commissioner Hardemon: He would be a committee of one. City of Miami Page 189 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Ms. Mendez: He has -- Commissioner Carollo: But he will be the one handling it all. Ms. Mendez: -- free and unrestricted access -- Commissioner Carollo: Yeah. Ms. Mendez: -- to City Government employees, officials, records, and reports, where appropriate; and require all branches, departments, agencies and officials of the City Government to provide oral and written reports -- Chair Russell: Got it. Ms. Mendez: -- and to produce documents, files, and other records. Chair Russell: Commissioner, here's my recommendation, because -- Commissioner Diaz de la Portilla: I have a question. Chair Russell: -- without subpoena power, he can still do the job, and if that's obstructed -- Commissioner Carollo: Not -- Chair Russell: -- I'll be with you on removing the Manager out of lack of cooperation with an audit. I really believe there will be an open book and an open door for Mr. Guba to conduct this, and we'll have a finding. How much time do you want to give him for that? Commissioner Carollo: Well, this is what we got to -- Commissioner Diaz de la Portilla: I'd say, as well. Commissioner Carollo: -- discuss with him. Also, he needs to be able to put people under oath, because, look, let's be straight. You talk about -- or should I say Commissioner Hardemon did -- the people could be scared with us and all this stuff, when the real problem lies in the Manager. If people know that they're still going to have this Manager, they're going to be petrified to say the truth, because they know what's going to happen to them in their jobs. We can't fire anybody; the Manager certainly can. He could make their life hell if he wants to. Commissioner Hardemon: Commissioner Carollo -- Commissioner Carollo: We can't. Commissioner Diaz de la Portilla: Okay -- Commissioner Hardemon: -- Commissioner Carollo -- Chair Russell: Commissioner de la Portilla and then Commissioner Hardemon. Commissioner Diaz de la Portilla: Diaz de la Portilla. Chair Russell: Diaz de -- I accidentally (UNINTELLIGIBLE). Sorry. Commissioner Diaz de la Portilla: Okay. City of Miami Page 190 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: I'll get it right; I apologize. Commissioner Hardemon: That's your whole last name? Commissioner Diaz de la Portilla: That's the (UNINTELLIGIBLE). It's Alejandro Manuel Diaz de la Portilla if you want to do the whole thing, but -- I'm just kidding. Commissioner Carollo: Oh, I'll remember. (UNINTELLIGIBLE COMMENT) Commissioner Carollo: Let's not go there. Commissioner Diaz de la Portilla: Yeah. That was before I was elected -- Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: -- so it was a little inside joke that we had. Commissioner Carollo: He'll tell you in the process of time. Commissioner Diaz de la Portilla: The -- so we have -- what's the -- where --? Can you read the authority or the power that that individual has again, and -- just for my -- for clarification for me? Ms. Mendez: Have free and unrestricted access to City Government employees, officials, records, and reports; and where appropriate, require all branches, departments, agencies and officials of City Government to provide oral and written reports, and to produce documents, files, and other records. Commissioner Diaz de la Portilla: Well, Commissioners and Commissioner Carollo, I think that that's a start for us -- Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: -- especially if we put a time limit on it; that he needs to come back to us within 30 days, or something like that, and then at least it's a start. And if not satisfactory to you, maybe we come back and investigate further, you know. But right now -- Commissioner Carollo: Sure, yeah. Commissioner Diaz de la Portilla: -- I think we -- if you're amenable to it -- Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: -- we simply do that and get something -- Commissioner Carollo: Let the record show that, what I handed to Commissioner Diaz de la Portilla, and if you could give it back after you read to the City Attorney. It's a copy of the section of the Charter that talks about the Commission being able to investigate. So that's what I handed to him, because I don't want later on any rumors that are false to be spread. City of Miami Page 191 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 NA.5 6965 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE INDEPENDENT AUDITOR GENERAL TO INVESTIGATE THE ACCUSATIONS PRESENTED AT THE DECEMBER 12, 2019, CITY COMMISSION MEETING DURING THE DISCUSSION OF AGENDA ITEM DI.5; FURTHER DIRECTING THE INDEPENDENT AUDITOR GENERAL TO PROVIDE A STATUS REPORT ON THE INVESTIGATION AT THE JANUARY 23, 2020, CITY COMMISSION MEETING. ENACTMENT NUMBER: R-19-0522 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Chair Russell: So I'd welcome a motion to empower the City Auditor to look at the accusations that were presented before, using all the powers available to him, and come back to us with a report, if possible, by the second meeting in January. And at that point, if he needs more time, he'll ask for it. But that gives us -- and the holidays are tough. Commissioner Carollo: Sure. Chair Russell: So that gives us -- Commissioner Reyes: I move it. Chair Russell: -- January 24. Commissioner Diaz de la Portilla: So move. Commissioner Carollo: What's the -- Chair Russell: Moved by Commissioner Reyes; seconded by -- Commissioner Diaz de la Portilla: Seconded by me. Chair Russell: -- Commissioner Diaz de la Portilla. Commissioner Carollo: -- second meeting in January; what date? Chair Russell: January 24. Commissioner Carollo: Okay. Chair Russell: All right. Commissioner Hardemon, I apologize. Commissioner Hardemon: Mr. Chairman, as far as in discussion for the motion, I will be supporting the motion because of the substance of the motion, but will tell you that I'm very disappointed in the tinting of all of this, because of the facts that we're all very aware of because the Manager is not here today. We've had on our agenda each meeting for eight months a discussion about the Manager, and I'm sure those topics have changed from time to time. But today, to have his absence City of Miami Page 192 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 for a reason as pressing as it is, before the holidays, to go into a matter that is not of life safety concern -- and we're talking about trees and a deck, you know; and possibly, dishonesty. But nonetheless, there's no safety of any person in the City of Miami that's being concerned about this. So, you know, that's the only part to me that I think is most unsettling about it, and that's why I don't understand the rush in all of this. And moreover -- and that's just -- maybe I'm just -- I'm talking ,from just being professionals with each other in all of this. But if this is the first time that it's -- that the Manager has even heard of this, you know, I felt like -- you know, if this is all real, there's more than one way to skin this cat, you know, and it won't be to the detriment of someone's reputation, both personally and professionally. That's all I have to say about it. Commissioner Reyes: Mr. Chair? Chair Russell: Commissioner Reyes. Commissioner Reyes: Commissioner Hardemon, I understand your frustration and the way that you feel, but I think that given the seriousness of the accusations that were presented, I think that we have to clear the air, and instead of leaving this -- I mean, hanging and the doubt that will be cloud -- I mean, going over the City Manager, let's clear the air. Let's have an investigation, and let the truth come out, whatever happened. If it is in favor of the Manager, fantastic; if it is against, fantastic. But we cannot allow our self to leave this as -- I mean, hanging on, as it is a doubt that will have been casted [sic], and I think that that doubt have to be cleared. Chair Russell: Thank you very much, Commissioner. Commissioner Reyes: That's why I'm -- Commissioner Carollo: I -- Chair Russell: Let's -- Commissioner Reyes: -- supporting this. Chair Russell: -- finalize this. Commissioner Carollo: -- you know, I have to say something to that. This is not about trees or deck. I don't know; maybe, you know, he was playing Agent Orange, and the frees died. But a deck, you know, not the biggest concern that I would have of a 24-by-24 deck that was built without a permit, but that's not about that. It's about that -- on something that would have been very simple to correct in the proper legal way that he purposely decided to lie and to abuse his power through the process, using our City employees. I mean, you heard the same thing I heard before I got into it and before eventually it was known who this property belonged to. You heard the Deputy Building Director saying that this is what you needed; you can't do that; it has to be looked into. And then everything that I presented to you here was just the opposite for him. An hour and 23 minutes -- okay?-- is all that it took for this to be approved for him. And everybody was saying, "No further need to look into it any further." So it's about -- Chair Russell: Understood. Commissioner Carollo: -- something different than the trees or the deck. Commissioner Diaz de la Portilla: Commissioner -- City of Miami Page 193 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: If it was just about that he had an illegal deck, that he cut trees down, I wouldn't be talking about it. Chair Russell: Thank you. Commissioner Carollo: Frankly, I've been sent more stuff than others here that have -- you know -- that are all stuff that I haven't brought up. Even though they talk crap about me, I haven't brought it up, because, you know, it's not worth our time. But this is different. You know, this is about the highest authority that we have in our City, whether we like to admit it or not, because this man has the power that all of us combined don't have, and order people to do things, and much more. So I just wanted to clear the air on that. Chair Russell: Thank you, Commissioner; point taken. Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: I just want to bring this home. Chair Russell: Thank you. Commissioner Diaz de la Portilla: That's all. Chair Russell: All right. So I believe the motion is clear; the deadline is clear. Commissioner Hardemon, I do agree with you on process and with regard to the Manager not being here, but I very do -- well see a cloud over this City until we get this done, and I would like to get it done. And I believe our Auditor is the perfect solution for this, so I will vote in favor. Let's just get this over with. So all in favor of the vote -- there's a motion and a second already. Todd B. Hannon (City Clerk): And public comment, sir. Chair Russell: Thank you very much. Is there anyone here who would like to comment publicly on this item? Seeing none, I'll close public comment. All in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. City of Miami Page 194 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 NA.6 6966 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ADMINISTRATION, INCLUDING THE CITY MANAGER, WHO WILL ACTIVELY SEEK THE INVOLVEMENT AND PARTICIPATION OF THE PLANNING DIRECTOR, ZONING DIRECTOR, AND THE CITY ATTORNEY, TO REPORT TO THE CITY COMMISSION ON THE VIABILITY OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), CONDUCTING A COMPREHENSIVE REVIEW OF THE MIAMI 21 ATLAS, EVALUATING THE DEVELOPMENT DIRECTION OF THE CITY'S NEIGHBORHOODS, BY ISSUING A MIAMI 21 CODE REPORT AS REFERENCED HEREIN, AND REPORT TO THE CITY COMMISSION WITHIN ONE HUNDRED EIGHTY (180) DAYS, ANY RECOMMENDATIONS, CHANGES, OR ACTIONS, THAT SHOULD BE TAKEN; ESTABLISHING A TASK FORCE TO WORK WITH THE CITY ADMINISTRATION AND PROVIDE RECOMMENDATIONS REGARDING CHANGES TO THE MIAMI 21 CODE. ENACTMENT NUMBER: R-19-0523 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Chair Russell: DI.6, discussion; Independent Traffic and Environmental Studies Implementation Plan. Do we need to deal with that tonight? Mayor Francis Suarez: You might have a pocket item; it should be -- Chair Russell: I was hoping you all had passed all the pockets while I was gone for that hour. Mayor Suarez: Yeah. Chair Russell: Are there any -- are there outstanding pockets, Mr. Clerk? Mayor Suarez: I know there's a (UNINTELLIGIBLE). Commissioner Carollo: We have -- Chair Russell: We can take the Mayor's pocket as well as -- Commissioner Carollo: We have that one -- Mayor Suarez: You should, right? Commissioner Carollo: -- you brought. Victoria Mendez (City Attorney): We have the Mayor's pocket. Commissioner Carollo: But there was one more. There's two, I think, that are left. Mayor Suarez: There was one -- District 4 has one. City of Miami Page 195 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Carollo: Yeah, District 4, and the one that you had -- Ms. Mendez: Right. Commissioner Carollo: -- that we all became -- Ms. Mendez: And District 4. Commissioner Carollo: -- sponsors of it. Chair Russell: I don 't know. Mayor Suarez: I don't know where mine is, actually. Commissioner Reyes: Okay. Nobody wants to start; I'll put mine in. Mine is a resolution, you see, directing the City Administration, including the City Manager, Planning Director, Zoning Director, and City Attorney, to report to City Commission viability of Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, Miami 21 Code. In other words, what we want to do is to bring and revisit Miami 21, and look at it as -- I mean, to today's standard, and what have been built and what -- how can we protect also our neighborhoods. And to that effect, I think that -- I think some meetings have to be conducted, you see. And also, the Mayor wanted to include something here. Chair Russell: But, first, I just want to understand the emergency nature of the pocket. Commissioner Reyes: It is an emergency, because what we're doing is, we are building left and right, and there is inconsistencies in certain areas that you find the height allowance that it doesn't match the one that is next to it, and so on and so on. You see? Chair Russell: Thank you. I certainly appreciate the importance, but I think on pocket items, we are confusing "importance" with "urgency." Commissioner Reyes: But what I'm doing is -- Chair Russell: It's very important, but I'm trying to find the timeliness that if this doesn't pass tonight, for example, and it has to wait until a proper agenda -- Commissioner Reyes: Well, this -- Chair Russell: Just a moment. -- for notification and the public and everything else that that's the reason we would bring a pocket, because it must pass before the next printed agenda. Is there anything that this solves (UNINTELLIGIBLE)? Commissioner Reyes: Absolutely, absolutely, and that's affordable housing crisis. It will address -- we want to address the affordable housing. We have over 35 percent of the City's renters are being extremely -- not 35 percent. The last study that came from FIU (Florida International University), over 50 percent of Miami renters are rent -burdened, and that came a few days ago, and I can bring you the -- it came out of FIU, you see. And that is a crisis. And what we want to do is, you see, the City -- I mean we want to look on Miami 21 and see how can we address this by either changing zoning or by declaring whatever, but we have to tackle the housing crisis that we have, which is over 50 percent. According to Florida International University, our renters are rent -burdened. And rent -burdened means City of Miami Page 196 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 -- I mean, it's very simple -- that you are paying more than 30 percent of your gross income, you see. That is being rent -burdened. Commissioner Carollo: I -- Chair Russell: We don 't need to get into the full substance of that. Commissioner Carollo: I second (UNINTELLIGIBLE). Commissioner Reyes: No, no, no, but what I'm saying is, is that I'm clarifying (UNINTELLIGIBLE). Chair Russell: So you 're -- moved by Commissioner Reyes; seconded -- Commissioner Carollo: Second. Chair Russell: -- by Commissioner Carollo. Mayor Suarez: Mr. Chair, ifI may? Chair Russell: Yes, Mr. Mayor. Mayor Suarez: I just have some -- first of all, I agree with the legislation. I think it is time; it's been 10 years since Miami 21 was adopted. I remember, I was on the Commission when it went into effect I didn't vote on it. It was voted on prior to my arrival, but when it went into effect -- and there was no provisions at the time for affordable housing. It was -- there was a bonus program, and that was all that there was. And I created, with the help of the Commission at the time, an affordable housing component to the -- to Miami 21, which resulted in, based on the tax credit cycle. We reverse engineered the tax credit cycle and got about 1,500 units. It was so successful that the State had to reverse engineer our reverse engineering -- sorry; that's an Amber alert. Sorry about that. An Amber alert. Sorry. So I was actually going to announce something like this at the State of the City, so I'm actually glad that you are getting ahead of it, because obviously, my announcement of it, without the Commission' support, would have been meaningless anyways, so I -- actually, I appreciate that you're getting ahead on this. I want to add to it -- in addition to affordable housing, I want to add to it resiliency. Commissioner Reyes: I have it. I have it here. It says that -- the second "whereas" says that "City of Miami Mayor and City Commission declare the City is in a climate emergency --" Mayor Suarez: Okay. Commissioner Reyes: -- requiring revisiting Ordinance Number 13114. It's an ordinance of the City of Miami, Florida, as amended, Miami 21 Code. It's also -- also, that undertakes resiliency. Mayor Suarez: Where is that, Commissioner? Commissioner Hardemon: I think in the "whereas" clauses. Commissioner Reyes: In the second "whereas." Mayor Suarez: Okay. City of Miami Page 197 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: Second "whereas." Mayor Suarez: Okay, great. Second "whereas" clause. Okay, great. Okay, yeah. That 's fine. That's fine. I got it, yeah. I just didn 't see it. Transportation, schools, education. I know it's a big -- something that you're very passionate about, but I think as we look at our Code, we have to look at where our schools are being located. That's been a big issue that we 've talked about. Commissioner Reyes: (UNINTELLIGIBLE) issue too. Mayor Suarez: What 's that? Commissioner Reyes: That's a good issue. Mayor Suarez: Yeah. Opportunity zones; something that we should look at with our Code. Commissioner Reyes: Yeah. Mayor Suarez: Technology, and creating a tech ecosystem -- continuing the process of creating a tech ecosystem and economy here in the City; and I think, slightly separate from affordable housing is income and equality; the fact that, you know, we have, as you said -- you put it in the housing context, but there's a variety of other ways to look at that issue from a zoning perspective. So just to add those things, if you don't mind -- Commissioner Reyes: Yeah. Mayor Suarez: -- to the resolution. Commissioner Reyes: I accept those. Mayor Suarez: Thank you. Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes, Commissioner Hardemon. Commissioner Hardemon: I certainly agree with the spirit of this legislation. The one thing I do want to add, though -- and I want all of us to kind of keep this in our mind, I guess, when we 're considering this type of legislation -- is that -- what I would hate to see is that us tackling this issue ends up being an assault on poor black communities. And what I mean by that is that there are communities in the City of Miami that exist that have traditionally been communities of color, and in those communities where you have single-family homes, what I found is that every solution to the housing crisis ends up in those communities. So those individuals don't end up enjoying the single-family homes the same way that they do in other communities that are not of color. Commissioner Reyes: Absolutely. Commissioner Hardemon: So if you are privileged -- if you live in a nice area, if you live along the water, if you live in all these places that you traditionally had a single-family home with a lot that could be anywhere from 5, 10, 25,000 square feet, you're not getting an increase in the amount of residents that are moving in by way of these structures that are 8, 9, 10, 12, 15 stories high, but in communities that have always been low -scale, that are black communities, some of them have high City of Miami Page 198 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 rentals, but they certainly have homeownership; they've been bombarded with these products. Commissioner Reyes: Absolutely. Commissioner Hardemon: And I think that that's -- that could be unfair, and I just want us to keep a real good eye on those types of things. Commissioner Reyes: Mr. Chair? Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: This is precisely the intent of this revision, to protect our neighborhood, all of them, and particularly those that -- they are low income. This is the intent of this revision, sir. Chair Russell: Thank you. Mr. Mayor. Commissioner Reyes: I'm glad you brought that up. Chair Russell: Mr. Mayor. Mayor Suarez: Thank you, Mr. Chair. And I'm sorry; I'm just kind of going on the fly, because of the fact that it's a -- and this is something I had thought through for a while. I want to include also SAP (Special Area Plan) reform. That's something that we have seen different iterations of but it haven't, you know, seen a comprehensive discussion on. And then I agree with Commissioner Hardemon on single-family homes. I've been talking to our Planning Department for a while about making the up -zoning of single-family property to be done with a four -fifths vote. In other words, to up -zone a T3, it should be a four -fifths vote to protect single-family residential neighborhood. It should be the supermajority on that. And then there's been multiple master plans that we 've seen that neighborhood and communities have gone through, and I'd like to see those master plans looked at in terms of Miami 21 's sort of overhaul and how we review it at a 10 year period, and say, "Look, you know, we've had" -- whether it's the private sector -- I mean, we 've already done an NRD (Neighborhood Resource District) in Wynwood, you know. So I'd like the Planning Department to also look at some of those master plans that have been put out by the public. Go ahead. Sorry. Commissioner Reyes: Mr. Mayor, in the second page, in Page 2 out of 3 -- one, two, three, four -- the fifth "whereas" includes the SAP, the -- Mayor Suarez: Okay. Well, I apologize again. I -- Commissioner Reyes: -- comprehensive neighborhood plan. Mayor Suarez: I didn't -- Commissioner Reyes: And includes -- this is very inclusive. And I am pretty sure, once you read it, you see, you read it -- Mayor Suarez: Carefully. Commissioner Reyes: -- you were going to -- carefully, you're going to find that some of those ideas are already -- Mayor Suarez: Yeah. City of Miami Page 199 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Commissioner Reyes: -- incorporated. If you see that -- find one that is not incorporated, feel free to -- Mayor Suarez: And again, I'm going off the fly. Commissioner Reyes: -- send it to the -- Madam City Attorney and you will -- Mayor Suarez: Perfect. Commissioner Reyes: -- it will be incorporated. Mayor Suarez: Yeah. I mean, I'm fine with everything. I just wanted to -- the things that came to my mind, I wanted to put them in. Commissioner Reyes: Yes, I know. Mayor Suarez: If they're in there, obviously, great. You know, it's fantastic. Commissioner Reyes: Okay. Mayor Suarez: Yeah. Chair Russell: Thank you. And this is the reason, again, I say, there 's a difference between "urgent" -- Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: -- "crisis" and "important" and "timely." Commissioner Reyes: Well, the fact -- Chair Russell: Because -- please, Commissioner -- I am very, very interested in this legislation, and I support you 100 percent in this legislation. I haven't had a chance to weigh in on it to help, because I want to. Commissioner Reyes: Absolutely. (UNINTELLIGIBLE). Chair Russell: And that's why pocket items are not the appropriate way to bring these -- we 're doing this tonight. I completely accept it as the will of the body; I understand it. What I'm saying is, it's not a very efficient use of our time, and it's not very fair to the public, because I guarantee you, there 's a lot of people who would love that we're taking this up that don't even know we're doing it. There's a group called "Grace," a group of churches that I'm working with right now who very much would like us -- Here's the idea. We do any sort of zoning change, whether it's a simple up -zone or an SAP, we care about the impact on trees, we care about the impact on traffic. Where's the impact on people? And so, I see the spirit of this. I would definitely like the words "displacement impact" included, if it's not already. I haven't been able to read it all the way through. But "displacement impact" is -- it's something that's not considered officially, and it happens. The argument could even be made that zoning could lead to that, if we're not careful. So if we're at least shoring ourselves up by doing an adverse impact study for displacement and gentrification as we do zoning, as a regular habit, we know we're protecting our neighborhoods. So that's the intention. If it's already in there, I appreciate it. But if it's not, I definitely would like that amendment. Commissioner Reyes: I will accept that, but I don't want you to forget I know the impact on trees and traffic, but more important, the impact of people. City of Miami Page 200 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 Chair Russell: And we've never done it. Commissioner Reyes: Okay? The impact of neighbors -- the impact on the neighborhood. That's what is important. How our people are impacted by our decisions. Mayor Suarez: And just for that, just one last thing. I would say -- well, I think you have it in there with climate emergency. I think you got it covered. Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: Thank you very much. So there 's been a motion and an amendment already. Commissioner Reyes: I move it. Chair Russell: Amendment's accepted by the mover, and the seconder was -- Commissioner Carollo: Here. Chair Russell: Right. Thank you very much. Any -- is there any comment from the public on this item? Commissioner Carollo: No. Chair Russell: Seeing none, I'll close public comment. All in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you. Mayor Suarez: Yeah. I think already said that -- Commissioner Reyes: (UNINTELLIGIBLE). Mayor Suarez: I'm sorry. I think already said I'd like to be listed as a co-sponsor of that, right? Chair Russell: I have a -- yeah, I would as well. Absolutely. Commissioner Carollo: I already had asked the Clerk to include me on both of these -- Mayor Suarez: Yeah. Chair Russell: All right. Commissioner Carollo: -- as co-sponsor, everybody. Chair Russell: I don't think heard one from 5. Mayor Suarez: Thank you, Mr. Chair. Commissioner Hardemon: When I vote for things, I sponsor. Chair Russell: All right. All right. Thank you. City of Miami Page 201 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 NA.7 6939 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RON DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO ENACT SENATE BILL 1090, HOUSE BILL 829, OR SIMILAR LEGISLATION THAT PROHIBITS AND REQUIRES REMOVAL OF ANY EXPRESS LANE OR TOLL ON STATE ROAD 826 (PALMETTO EXPRESSWAY) AND OPENS SAID EXPRESS LANE TO GENERAL VEHICULAR TRAFFIC; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-19-0524 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Chair Russell: Mr. Mayor, you had a pocket item. Commissioner Reyes: (UNINTELLIGIBLE) all of you guys. Mayor Francis Suarez: Thank you. Yes. Mine is very straightforward, and it's an emergency because the Legislative Session, as the Senator will tell you, is about to begin, and we will not have a Commission meeting -- another Commission meeting before, I believe, the Legislative Session begins, which I believe is correct; and regardless, you always want to get this -- and he'll, I'm sure, agree -- as quickly as possible so that legislators can incorporate this into their thought process. It's House Bill 829 and Senate Bill 1090, which urges the Governor and members of the Legislature to enact those House bills, which essentially prohibit the tolls on the Palmetto Expressway, and require the removal of those that are in place in express lanes. Commissioner Reyes: Mr. Chair? Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: Is that a legislation that is already in the work? Mayor Suarez: Yes. It's House Bill 829 -- Commissioner Reyes: House Bill. Mayor Suarez: -- and Senate Bill 1090, 10 -- one zero nine zero. Commissioner Reyes: I move it. Mayor Suarez: Okay. Chair Russell: It 's been moved by Commissioner Reyes -- Commissioner Diaz de la Portilla: Second. City of Miami Page 202 Printed on 3/23/2020 City Commission Meeting Minutes December 12, 2019 ADJOURNMENT Chair Russell: -- seconded by Commissioner Diaz de la Portilla. Is there anyone from the public who 'd like to speak on this item? Seeing none, I'll close public comment. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Mayor Suarez: Thank you, Commissioners. Chair Russell: Motion passes. Thank you very much. And that concludes our pockets. The meeting adjourned at 9:11 p.m. City of Miami Page 203 Printed on 3/23/2020