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HomeMy WebLinkAboutCC 2017-12-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com TY EDI6 Ar T i * INC0RP CBATE0 1 is 08 0__ It__ �r Meeting Minutes Thursday, December 14, 2017 9:00 AM Regular City Hall City Commission Francis Suarez, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes December 14, 2017 4i%I11ALyi�IkiUNZ6YA11Ile] ►I_1►Ili »;Isle]*e] yet 44*1FAkiN4 Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Reyes. On the loth day of December, 2017, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 9:I0 a.m., recessed at 10:14 a.m., reconvened at 10:18 am., recessed at 12:08 p.m., reconvened at 2:26 p.m., recessed at 5:05 p.m., reconvened at 10:32 p.m., recessed at 10:33 p.m., reconvened at 11:15 p.m., recessed at 11:17 p.m., reconvened at 12:02 a.m., recessed at 12:03 am., reconvened at 12:19 a.m., and adjourned on Friday, December 15, 2017 at 12:23 am. Note for the Record. Commissioner Reyes entered the Commission chambers at 9:20 am., and Vice Chair Russell entered the Commission chambers at 9:25 a.m. ALSO PRESENT. Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the December 14, 2017 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Wifredo Gort, Joe Carollo, Manolo Reyes; Ken Russell, the Vice Chairman; and me, Keon Hardemon, the Chairman. That was a first. Also on the dais are Daniel J. Alfonso, City Manager; Victoria Mendez, our City Attorney; and Todd Hannon, our City Clerk. The meeting will be opened with a prayer by Commissioner Gort, and Commissioner Carollo will lead us in the pledge of allegiance. All rise, please. (Invocation and pledge of allegiance delivered.) W:M:JN;NNI►111041[07►1; FAki191:1NONIVALyi/ed1[07►61 PRA PROTOCOL ITEM 3383 Honoree Presenter Protocol Item Liberty City Optimist Dance Team Comm. Hardemon Salute Ann Carlton's 100th Birthday Mayor and Comm. Salute Employee Service Milestone Awards City Manager City of Miami Service Pins Jose "Pepe" Campos Comm. Gort Proclamation City of Miami Page I Printed on 210912018 City Commission Meeting Minutes December 14, 2017 RESULT: PRESENTED 1) Mayor Suarez and Chair Hardemon, paused in their deliberations of governance to to pay highest tribute to the Liberty City "Warriors" Optimist (LCO) Junior Pee Wee National Dance Team for their valuable efforts and success. The team is comprised of 9 members between the ages of 9-11, and are supported by a host of coaches and staff. After placing first in a local Miami competition, the LCO Junior Pee Wee Dance team competed in the South East Region Pop Warner Regional Competition in Orlando, Florida, where they placed second and received the Award for Highest Score Dance Theme, Costumes, and Props. The team then advanced to the 2017 Pop Warner National Championship Cheer/Dance Competition, which was held at the ESPN Wild World of Sports Complex in Orlando, Florida. On December 6, 2017, the LCO Junior Pee Wee Dance Team displayed strength and determination, receiving first place in Junior Pee Wee Dance Theme Category. Elected Officials commended the Liberty City "Warriors" Optimist Junior Pee Wee National Dance Team for their laudable achievements, and encouraged them to continue their ambitious endeavors. 2) Mayor Suarez and Commissioners paused in their deliberation of governance to celebrate and salute Ms. Ann Carlton on the notable occasion of her 100' Birthday. Elected Officials thanked Ms. Carlton for her contributions to the City of Miami. 3) Mayor Regalado and City Manager Daniel J. Alfonso recognized various City of Miami Employees for their 25 and 30 years of service presenting them with Service Milestone Awards and commending them for their dedication and commitment to the City if Miami; furthermore thanking them for their dedication as City Employees. 4) Mayor Suarez and Commissioners paid tribute to Jose "Pepe" Campos, also known as "El Chamby, " a prestigious Spanish-language sports and radio broadcaster. "El City of Miami Page 2 Printed on 2/09/2018 City of Miami City Year Check Presentation City Manager Daniel J. Alfonso Mayor and Comm. Proclamation City Manager Daniel J. Alfonso The Mourning Family Foundation Recognition City Manager Daniel J. Alfonso NAACP Recognition City Manager Daniel J. Alfonso Hadley Park Neighborhood Assoc. Recognition City Manager Daniel J. Alfonso Veteran's Affairs Recognition City Manager Daniel J. Alfonso Information Technology Department Recognition RESULT: PRESENTED 1) Mayor Suarez and Chair Hardemon, paused in their deliberations of governance to to pay highest tribute to the Liberty City "Warriors" Optimist (LCO) Junior Pee Wee National Dance Team for their valuable efforts and success. The team is comprised of 9 members between the ages of 9-11, and are supported by a host of coaches and staff. After placing first in a local Miami competition, the LCO Junior Pee Wee Dance team competed in the South East Region Pop Warner Regional Competition in Orlando, Florida, where they placed second and received the Award for Highest Score Dance Theme, Costumes, and Props. The team then advanced to the 2017 Pop Warner National Championship Cheer/Dance Competition, which was held at the ESPN Wild World of Sports Complex in Orlando, Florida. On December 6, 2017, the LCO Junior Pee Wee Dance Team displayed strength and determination, receiving first place in Junior Pee Wee Dance Theme Category. Elected Officials commended the Liberty City "Warriors" Optimist Junior Pee Wee National Dance Team for their laudable achievements, and encouraged them to continue their ambitious endeavors. 2) Mayor Suarez and Commissioners paused in their deliberation of governance to celebrate and salute Ms. Ann Carlton on the notable occasion of her 100' Birthday. Elected Officials thanked Ms. Carlton for her contributions to the City of Miami. 3) Mayor Regalado and City Manager Daniel J. Alfonso recognized various City of Miami Employees for their 25 and 30 years of service presenting them with Service Milestone Awards and commending them for their dedication and commitment to the City if Miami; furthermore thanking them for their dedication as City Employees. 4) Mayor Suarez and Commissioners paid tribute to Jose "Pepe" Campos, also known as "El Chamby, " a prestigious Spanish-language sports and radio broadcaster. "El City of Miami Page 2 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chamby" has hosted successful radio shows since 2002, beginning with "Descarga Deportiva" and currently hosts Al Duro y Sin Careta. " He has also appeared in ESPN Deportes and various local radio shows. In 1999 Campos was the Spanish- language play-by-play voice of the University of Miami and later became the official Spanish-language play -by play voice of the University of Miami football, basketball, and baseball teams. During Florida International University's inaugural season in 2002, he became the color commentator for the FIU football and basketball teams, as well as the color commentator and play -by play voice of the baseball team. He is also a founding member and original Committee Chairman for the Miami Senior High School Sports Hall of Fame, and a member of the St. Brendan Athletic Association, and Tamiami Basketball League. Elected Officials paused in their deliberations and commended Mr. Jose "Pepe" Campos, "El Chamby" for his contributions to the City of Miami and proclaimed December 14, 2017 as "Jose "Pepe" Campos Day" in the City ofMiami. S) Mayor Suarez and Commissioners presented the City Year Organization, a non-profit mentorship program, with a check for $100,000 for the program. The City Year Program supports City of Miami students with mentorship opportunities. City Year also presented the Mayor and Commissioners with red jackets in appreciation of their support. 6) Mayor Suarez and Commissioner Hardemon paused in their deliberation of governance to present a proclamation to City of Miami Manager Daniel J. Alfonso who has served the City of Miami honorably, responsibly, compassionately, and competently since March 4, 2014. The City has fiscally grown during his administration as evidenced by its significant improvement in bond ratings, an increase of its fund balance from $13 million to $150 million, as well as receiving the Government Finance Officers Association Award for Excellence in Government Finance every year during his tenure, and most recently, was awarded the 2017 National Procurement Institute's Achievement of Excellence in Procurement. City Manager Alfonso has been at the forefront of environmental issues facing the City. He funded and nearly completed the environmental cleanup of all City parks, secured state legislative appropriations, began the process of building a new facility for Parks and Public Works Operations, has prioritized the City's Police Department and its officers maintaining its highest staffing level of sworn police ojficers in its history, along with increasing the overall size of the Department. He established the Strategic Planning Office, Office of Innovation, and Office of Resiliency to prepare for the City's future and helped create the Department of Veterans Affairs and Homeless Services, making the City of Miami the first in the nation to fully fund a veterans support program. Elected Officials commended and recognized Mr. Alfonso's distinguished efforts and contributions and thereby proclaimed December 14, 2017 as "City Manager Daniel J Alfonso Day. " 7) Mr. Bill Diggs, President of the Mourning Family Foundation, recognized and commended City Manager Daniel J. Alfonso for his support and contributions to the foundation. 8) Mr. Rubin Robertson from the National Association for the Advancement of Colored People (NAACP) recognized and commended City Manager Daniel J. Alfonso for his support and contributions to the organization. 9) Mr. Samuel Latimore from the Hadley Park Neighborhood Association recognized and commended City Manager Daniel J. Alfonso for his support and contributions to the residents of the City of Miami and the association. 10) The City of Miami Department of Veterans Affairs presented City Manager Daniel J. Alfonso with a commemorative United States Flag and recognized his services to the United States and to the residents of the City ofMiami. 11) Mr. Kevin Burns, Director and Chief Information Officer from the City of Miami Department of Information Technology presented City Manager Daniel J. Alfonso with a 3-1) memento of the Miami Riverside Center (MRC) building and thanked him for his leadership in the City of Miami. Chair Hardemon: We will now make presentations and proclamations. City of Miami Page 3 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 (Presentations and proclamations made.) AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Planning and Zoning - Sep 28, 2017 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Chair Hardemon: Okay. Is there a motion to approve the Commission meeting minutes from 20 -- the 28th of September and the second budget hearing meetings from the 28th of -- Commissioner Reyes: Move it. Chair Hardemon: September? Been properly moved and seconded to approve AMI -- or AM.1 and AM.2. Any discussion about that motion? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye Chair Hardemon: Motion approved. AM.2 City Commission - Second Budget Hearing - Sep 28, 2017 5:05 PM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record. For minutes referencing Item AM.2, please see Item AM.]. I Ji lYa di le\Yel ZU ILV Nk%7 ;&l NO MAYORAL VETOES (Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the City Clerk as the first substantive item(s) for City Commission consideration.) END OF MAYORAL VETOES City of Miami Page 4 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 ORDER OF THE DAY Chair Hardemon: Mr. City Clerk, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Hardemon: Hearing no mayoral vetoes, I'll move on to the public comment period. Chair Hardemon: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you, Mr. Chair. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission must register with the City Clerk and comply with 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 on wwwmunicode.com [sic]. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the City Code. A copy of this Code section is available in the City Clerk's Office or online at wwwmunicode.com [sic]. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public may first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov.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 notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items are being withdrawn, deferred, or substituted, if any. Thank you. Chair Hardemon: Mr. Manager? City of Miami Page 5 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Daniel J. Alfonso (City Manager): Mr. Chairman, thank you. Commissioners, good morning. I'd like to mention that it has been requested that SR.2 be indefinitely deferred; SR.4 be deferred to February 8; SR.6, deferred to February 8; SR.7, deferred to February 8; RE. H, deferred to January 11; and DI2, deferred to January 25. Chair Hardemon: Can you repeat those for me, please? Mr. Alfonso: SR.2 -- Commissioner Gort: It's FR.2, right? Mr. Alfonso: "S, if "S, if "S. if Commissioner Gort: As in "Sierra," "S." Mr. Alfonso: SR.2, indefinite; SR.4, to February 8; SR.6, February 8; SR.7, February 8; RE. 11, January 11; and DI2, January 25. Chair Hardemon: Are there any other items that need to be continued or deferred, or withdrawn? You're recognized, Mr. Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. I'd like to defer RE.3 for one month, please. Commissioner Gort: RE.3? Vice Chair Russell: Yes; the January 11 meeting. That is the Miami Children's Museum item. Chair Hardemon: Are there any other items? You're recognized, sir. Commissioner Reyes: Mr. Chair, I would like to move Discussion Item 3 to the beginning of the meeting, due to multiple items in agenda regarding cameras, so we can get rid of it. Chair Hardemon: They will have an opportunity -- Well, is it a discussion for you to discuss; is that what you're saying; or for people to leave comment? Commissioner Reyes: No. We have -- there's a lot of -- there are different items on the agenda, and I think Carollo has one and -- Commissioner Carollo; the Mayor has one. So I had an item for discussion. So we'll -- let's everybody get them together. Chair Hardemon: We may not -- Typically, we handle many items at one time, so I don't plan on calling one item at one time. I plan on calling a number of items, and those items will be probably bunched together. Commissioner Reyes: Okay. I don't understand. We're just going to -- Chair Hardemon: Yes, sir. Commissioner Reyes: -- group them and then -- Chair Hardemon: Exactly. City of Miami Page 6 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Reyes: I'm sorry. Chair Hardemon: So is there a motion to approve the --? Commissioner Gort: Move it. Chair Hardemon: Been properly moved; seconded by the Chair -- Vice Chair Russell: Second. Commissioner Reyes: Second. Chair Hardemon: -- to approve, as what was stated on the agenda, besides the discussion item. Is there any further discussion about those items? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes, so give me one second to note them on my agenda. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Hardemon: If you are here from the public and you want to speak on any agenda item that is on the morning agenda -- that is any agenda item besides the Planning & Zoning items -- this is your opportunity to be heard, so what I'd like for you to do is approach either of the two lecterns; state your name, first and last; you may state your address, and then which item it is that you're here to speak about. Like I said, once again, this is your opportunity to be heard. You have two minutes to address this body. State your first name, your last name, and which item it is that you're hereto speak of. You may also state your address. You're recognized, sir. Grant Stern: Yes. My name is Grant Stern, 425 Northeast 22nd Street. I'm here to speak on Item C.13 [sic]. Commissioners, almost six years ago, I wrote an article in the Miami Herald that said if Walmart wanted to move into Midtown Miami, if they followed all the rules, there was nothing we, as citizens, could do about it. That project has not happened yet. And the reason that I bring that up as part of Item C.13 [sic] is that I have been forced to undertake ongoing litigation in order to finish what I started nearly six years ago, and the reason for that is the reason that I speak with you today. It is your decision to make on Item C.13 [sic] whether or not to retain the City Attorney as --in her position for the next two years. And I am here to oppose that resolution for some very specific factual reasons, which I have alleged in court; however, I would be glad to provide the written documentary evidence of all of this, since much of it was derived from another court case, which the City of Miami lost. The City Attorney in the City of Miami does not perform her mandatory duty of delivering public records in a reasonable fashion to the citizens of this City. And more importantly, her advice is flawed to the point where not one, but two of the Commissioners sitting on this dais today have been exposed to legal liability because of her omissions or her actions. And furthermore, I would like to say that what she is doing is just wrong. Whether she has a duty or not, legally, is very important, and she does; it's indisputable. She has to uphold all of the laws; not just the Florida Constitution and the U.S. (United States) Constitution, but as an attorney, she swears to uphold all of the laws, and she is not doing it in her official role, and I ask you to oppose C.13 [sic]. Thank you, Commissioners. City of Miami Page 7 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Thank you very much. You're recognized, sir. Horacio Stuart Aguirre: Mr. Chairman, good morning. Horacio Stuart Aguirre. I stand before you as chairman of the City of Miami Civilian Investigative Panel. I beg your indulgence to give a two -minute update on important changes in the Civilian Investigative Panel, if I may. Chair Hardemon: Go ahead, sir. Mr. Aguirre: Thank you, sir. This is the agency that provides civilian oversight over the City of Miami Police Department. It reviews the conduct of police officers, the management of the Miami Police Department, and reviews their policies and procedures. I'd like to note that this is an assignment that I did not actually seek, and necessarily didn't welcome, but I answered the call when then -chairman of the dais -- today, Commissioner Willy Gort -- asked me if I would be his representative from the District of Allapattah on the Civilian Investigative Panel. I'd like to add that I was a bit reluctant at that time, because word in the hallways was that civic activists in the City of Miami were at war with the Civilian Investigative Panel; and that, indeed, there was a civil war within the panel. This all proved to be true, quite unfortunately. Thankfully, those details need not be rehashed today, because they've all been resolved, and those with long institutional memories know it well. Today this is an agency that is a model throughout the country for good police oversight. I am proud to report that it is functioning very, very well. We have a good and healthy debate amongst ourselves and our public meetings are open and we sort through the evidence, and reach very independent conclusions. We have a much better rapport with the leadership of the Miami Police Department than we have ever had in our history, and today we have more applicants to sit on the panel than we have seats, so I'm very pleased with these reports. But the success is not because of me; it's been because of the strong participation from outstanding panel members; outstanding contributions from civic leaders, including the NAACP (National Association for the Advancement of Colored People), and AICPA (American Institute of Certified Public Accountants) -- no, not the AICPA -- the ACLU (American Civil Liberties Union) and the strong professional leadership with an excellent, second -to -none staff, led by Cristina Beamud. It's been my privilege and pleasure to serve on this very important panel, but it's now time for me to move on. So I'm happy to say that at the next meeting of the CIP, that will be my last meeting, and I will be transferring the gavel to a successor, and wishing that person good luck. I've served on this panel for over six years, and it's now time for me to stand before you and say thank you for the service that you've all provided this panel. To you on the dais, especially to Commissioner Willy Gort that appointed me and supported us; to Manager Daniel Alfonso that stood before us, and with us, during the difficult times that we went through; to the leadership of the Miami Police Department that has collaborated with us, understanding the difficult role that we have; to all of you, I say thank you, and very grateful for this privilege to serve. Commissioner Gort: Thank you for your service. Chair Hardemon: Thank you very much, sir. Vice Chair Russell: Thank you. Chair Hardemon: You're recognized, sir. Brett Bibeau: Good morning. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. Happy holidays; here to read a letter into the record from River Commission Chairman Horacio City of Miami Page 8 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Stuart Aguirre -- the letter is being distributed -- providing our advisory recommendation on four agenda items on your agenda today. PZ. 15 and 16 is a land use and zoning amendment at 2222 and 2260 Northwest North River Drive. "During a public meeting held on October 2, the Miami River Commission considered this application to amend the land use and zoning. The River Commission unanimously recommended approval of the proposed development, with the following two conditions: Number one, that the public riverwalk and side yard connectors be provided as presented in the plans, the letter of intent and the voluntary covenant; number two, to maintain recreational vessel dockage, as presented." On Agenda Item PH4, about Jose Marti Park, "While this specific agenda item hasn't been considered by the Miami River Commission, the City's acceptance of $120,000 grant from the Trust for Public Land for new outdoor exercise equipment in Jose Marti Park is consistent with the Miami River Greenway Action Plan, which was adopted by the River Commission and the City of Miami." And finally, on FR.], regarding the riverwalk and the baywalk, "While this specific new ordinance hasn't been considered by the Miami River Commission, it further advances implementation of the Miami River Greenway Action Plan, which, again, was adopted by the River Commission and the City of Miami. Your time and continued support for the Miami River District are appreciated. " Chair Hardemon: You're recognized, sir. Joseph King: Joseph King, Thelma Gibson Health Initiative, 3464 Grand Avenue, Coconut Grove, 33133. I'm the vice president of Thelma Gibson Health Initiative, and I am here on PH.9. It is an allocation for $50, 000 for the Thelma Gibson Health Initiative, through District 2, Commissioner Russell's district, for furthering our mission that we provide health -- behavioral health, mental health, and substance abuse services for some of the most needy clients throughout West Coconut Grove and the surrounding communities. We've been in existence since 2000, and long funded from Miami -Dade County, the City of Miami, and the Children's Trust, working with 400 clients annually on average. Chair Hardemon: Please, there's one meeting happening. Can you lower your voices? You're recognized, sir. Mr. King: Thank you, Mr. Chairman. Our agency has the capacity and the ability to provide job services, leading into affordable housing opportunities for some of our most needy clients in the area, and with this funding, we would expand, doing behavioral, vocational and job training services for the community and some of the most needy residents, taking at -risk clients to affordable jobs and affordable housing in the community, and we appreciate the City and Commissioner Russell allowing us to be part of your vision. Thank you. Chair Hardemon: Thank you, sir. Vice Chair Russell: Thank you, Joe. Melissa Tapanes-Llahues: Good morning, Chairman, Vice Chair, Commissioners. My name is Melissa Tapanes, with law offices at 200 South Biscayne Boulevard. I'm here representing Sergio Rok of Rok Enterprises and Moishe Mana of Mana Holdings; two significant property owners within the downtown urban core of the City. We're here to respectfully request your approval of SR.], with one modification that we believe is essential to revitalize the downtown core into a truly mixed-use urban environment that is inviting to both professionals and residents to work, live, and play. As you know, we've been working closely with the City Commission, the Planning & Zoning Department, the Downtown Development Authority, and downtown stakeholders to create the Flagler Specialty District. City of Miami Page 9 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 We're urging your approval of Chapter 4; and specifically, the modification to remove the caps requirements. This is consistent with the Downtown Development Authority's resolution. You may recall, following first reading, we were asked to bring this issue to the Planning, Zoning & Appeals Board, and request no caps as a modification. We're here to report that the Planning, Zoning & Appeals Board unanimously agreed with these downtown stakeholders to remove the cap. Why? The implementation of the liquor license reservation system to cap the Flagler Specialty District would just add a level -- an unnecessary level of administrative approval that the current Code does not require or ask for. It would encourage property owners such as my clients to hoard liquor reservations to protect business and property interests. The cap is simply a ruse. Many properties in this -- in the downtown core would already be exempt due to their density, intensity, historical nature, as well as the uses that are already permitted, as of right. Implementation of a cap of 50 would not serve to protect any legitimate interest. All dining establishments -- or all outdoor establishments would be -- require warrant approval, and any nightclubs or uses over 5,000 square feet would require an exception approved at public hearing. And these items are part of your Miami 21 Code amendment that will be heard today, as well. We're available for any questions, and thank you for your consideration. Chair Hardemon: Thank you very much. Sir, you're recognized. Fabio Iannelli: Good morning. My name is Fabio Iannelli, 3404 Poinciana Avenue, Miami, Florida. I'm here to speak on behalf of PH. 3, Battersea Woods. The -- I want to say that I think it should go forward and be approved. I do want to say, though, however, that I think this was a perfect example of the issues that have been arising frequently, and the amount of time that we've been spending on this issue is a real testament to the changes that need to be done within the Planning & Zoning and the NCD (Neighborhood Conservation District) -3 overlays, which I know Commissioner Russell has been working very hard on. And so, on behalf of myself and several adjacent neighbors to the property, I want to say that I thank you for your time, the amount of work that the City has done to try to remedy the situation that has occurred; and as well, I want to thank the developer, as well, for conceding a lot of things I think were to his detriment, probably, but I think in the end, it's a fair deal for both parties involved. Thank you. Chair Hardemon: Sir, you're recognized. John Snyder: My name is John Snyder. I represent the South Grove Neighborhood Association, and I'd like to speak on PH. 3, opposing the approval of the permanent plat. The Commission is again considering the permanent plat for Battersea Woods. For some reason, the City Attorney's Office is agreeing to a settlement that would allow the single-family building site to become a small subdivision. Their plans -- or their agreement is to build four houses where there was formerly one. It requires a warrant in order to do that. There's been no warrant approved. There's been no warrant applied for. There are good and valid reasons for the NCD -3 Code, which is designed to protect the neighborhood. The existing NCD -3 Code uses virtually the same language as the Coral Gables Code with regard to lot diminishment. The case of Holiday versus Coral Gables, which I have included in the record, was appealed to the Third District Court of Appeals in 1980. It's a clear precedent for the current situation. In this case, the court found that what plaintiff sought to do with respect to their parcel was clearly and expressly prohibited. In addition, that ordinance was a proper exercise of police power. And by reference to a prior case, they said, "The obvious intent of the ordinance was to prevent developers, et cetera, from coming into Coral Gables, tearing down existing residences on large lots, and then building more residences on smaller lots"; exactly what is happening in this case. The language is virtually the same as the Coral Gables Code. They copied it from that. City of Miami Page 10 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 We recognize that errors were made with regard to this situation by the developer and the City Attorney's Office. We have heard the Code is confusing. The three justices in the Holiday case said the intent of the Code was obvious. It seems pretty obvious to me. Since two residences have already been constructed on this single- family home site, and there remains an approximately 30, 000 -square -feet parcel, we are asking that the compromise be to build one additional house on the 30,000 square feet. We don't want a vacant lot to become a public nuisance. We realize that the neighbors want this matter to be settled, and we are in agreement with that, as soon as it can be done. Chair Hardemon: Thank you very much, sir. Mr. Snyder: Thank you. Cindy Snyder: Good morning, Commissioners; new Commissioners, Mr. Reyes and the other Commissioners who've been here before. I'm going to review a little bit for Mr. Reyes' benefit, because he was not here when we discussed this earlier. Chair Hardemon: I want you -- but you know you have two minutes. Ms. Snyder: Yeah, I know. We are members of the South Grove Neighborhood Association, and share a concern with many of the neighbors. Can you hear me all right? With many -- Mr. Carollo, good morning -- with many of the neighbors for a pattern of overdevelopment which is taking place in our community, which is Coconut Grove. Single-family building sites have been becoming subdivisions in our midst, comprised of multiple over -sized houses, crammed onto tightly -spaced lots, where canopy trees will never be able to grow again, due to absence of adequate space for their roots. This formula has been overcrowding our canopy trees, as well as the dense tropical foliage for which Coconut Grove is known. The errant development is taking place via various efforts to circumvent, weaken and destroy the protective Neighborhood Conservation District zoning contained in Miami 21. The Single -Family Residential District is intended to protect the low density, residential, and dominant tree canopy characteristics of Coconut Grove, and prevent the intrusion of additional density, accompanying soil erosion, excessive runoff and flooding. This is justified by the fragile nature of our infrastructure. As Miami celebrates its 120th year, we celebrate and also need to remember that Coconut Grove's first post office was opened in 1873, and the Grove is arguably the oldest community in Miami. Our lane -like roads and historic community were laid out more than 100 years ago, before automobiles were present. There are no sanitary sewers in the South Grove, little or no storm water controls. Canopy trees overarch the narrow roads and right-of-ways [sic]. This is a place where neighbors enjoy their regular walks, where they run, bike, and visit. Visitors often bike and stroll on these roads, as well, while they take in the ambience of this magical place. Many visitors are so enchanted that they decide to move to Miami. Many claim they would not come here if the canopy were gone and if Coconut Grove were not here. I'll wind up here. We ask the Commission to assist us in stopping this destruction of the nature and character of our neighborhood by simply enforcing the letter and the intent of Miami 21, the tenets of Appendix A-3, NCD -3. There's an important part of the Code that says, "If any such requirements conflict, NCD -3 requirements shall apply. " This means that Neighborhood Conservation District Code is a Code which supersedes other aspects of Miami 21. If we do not protect our Neighborhood Conservation District, it will ultimately lead to the demise of established communities, and may even kill the goose that laid the golden egg. We respectfully request that this replat be considered to allow the building of only one additional home in excess of the first additional home, which has already been built, and to do so upon the three remaining lots. We make this request not because we want more density, but because we wish to limit any additional problems related to this overall City of Miami Page 11 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 site. We want the intent of the Code to be followed inasmuch as possible at this point; that the three lots become one site for a single-family home to be built in such a way as to allow the canopy to be re-established, and the south -most entrance into the Grove off Ingraham Highway be re-established in a fashion most comparable to how it had been prior to all the errors; which, unfortunately, occurred concerning what had been a single-family site, in excess of 70 years. We make -- we need to make this as right as possible. To do otherwise is an -- Chair Hardemon: Thank you very much, ma'am. Your time has expired. Ms. Snyder: -- insincere attempt to do the right thing. Chair Hardemon: Ma'am -- Ms. Snyder: It is a mockery of the Code and to cast a cloud over (UNINTELLIGIBLE). Chair Hardemon: I gave you an additional two minutes, ma'am, so that's why I had to come to a hard close. You're recognized, sir. Luther Campbell: Good morning, good morning. Ms. Lamb already told me to keep it short, because I do talk a long time. I'm here to bring some money to the City. Chair Hardemon: Sir, who might you bel Mr. Campbell: My name is Luther Campbell, Liberty City Optimist president, co- founder. How y'all doing? All right. I'm here on Item CA.] 7, asking the City of Miami to accept the donation from Adidas. What we're doing at Charles Hadley Park, as you know, we have a brand-new facility there, and we partnered up with Adidas to come in and invest $300,000 into a design lab where they'll be actually teaching kids design, where they can be able to design apparel, uniforms, cleats, T- shirts, et cetera, et cetera, and the program will be pretty much -- You'll have professors from Adidas, up in Oregon, as well as Germany, that'll be skyping in to the kids and teaching the kids. You know, it's a very strenuous curriculum, but at the same time, you know, they're going to invest into the park, into the facility over $300,000 worth of equipment, and it'll be able to help our kids, because one thing about our kids in our neighborhood, they like -- they can take the phone and they can tell you how to work your phone, as well as design. I have a couple other people in our program; Ms. Lamb, who runs the academic portion of the program, and Dr. Rutledge. Shirley Presley: Good morning. I'm Shirley Presley, and I'm the academic director for Liberty City Optimist. I run the tutoring program, ages six to 15. And we visit schools, I check test scores, collect grades, have parent conferences. We go on field trips, be exposed -- so the kids can get good exposure. And whatever the kids need to be worked on, that's what I do. So we have tutoring program three days a week; and sometimes four, if needed. If the kids are getting ready to take a big test, then I'll work on the skills that they need to accomplish their goals, and I've been doing this for 29 years. So we have an excellent education program. Pierre Rutledge: Good morning, Mr. Chairman and Commissioners. I am Pierre Rutledge. I reside at 798 Northwest 55th Street, Miami, Florida. I'm here today to ask your support of CA. 17, the $300, 000 grant from Adidas. I'm overwhelmed this morning as I come before you. Traffic caught me coming off of 95, but earlier, we had our dance and cheerleaders, who were honored as they won in the Pop Warner National Championship. We come before you today to talk about something other than athletics, other than sports. You know, in a village, it takes just more and more City of Miami Page 12 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 and more to complete a whole child. We're dealing with something that will give them livable skills. And as you can see, as the world turns, design and technology, and those type of fields are becoming very, very lucrative. We all understand that all kids are not college material, but we do want to be able to give them skills that they can be productive citizens, and hopefully stay here in the City of Miami, and give their talents to this great city. So I ask for your support for this item; it would be greatly appreciated. It's a grant for $300, 000 from Adidas. Thank you. Thank you for your time. Chair Hardemon: Thank you very much. Ma'am, you're recognized. Denise Galvez: Good morning. My name is Denise Galvez, and I'm a resident of District 4. I'm here to speak on the issue C.13 [sic], the reappointment of Attorney -- City Attorney Victoria Mendez. Just want to say that from, I mean, her -- I think her 14 years at the City speaks for itself. The work she's done with FPL (Florida Power & Light) also speaks for itself. But on a personal level, I remember when Mayor Suarez was a freshman Commissioner, and I was opening a business at the City, and I needed help on some zoning changes. And I have to tell you that my Commissioner couldn't help me, but Mayor Suarez did try to help me, but the person who helped me the most was Victoria Mendez. So I just want to make sure all of you who -- maybe you haven't had the pleasure of working with her, but I want to highly recommend her and highly recommend that we keep her. She's a huge asset to the City. Thank you very much. Chair Hardemon: Thank you. Sir, you're recognized. Alex Uribe: Good morning, Commissioners. My name is Alex Uribe. I have offices at 2525 Ponce de Leon Boulevard. I'm here on behalf of Porto Fino Wine Bank, and we're here to support SR.], the rewrite to the -- of the Alcoholic Beverage Ordinance, with one very minor change that we'd like to see happen. Section 4-3 has the times of operation for all of the different types of establishments. We'd like to change the time of operation for package stores from I p.m. to 9 a.m. on Sundays only. The reason we'd like to do that is, quite frankly, we think that this time is a little bit too late to open. If you think of an NFL (National Football League) Tailgate on Sunday, the Miami Dolphins, they play whenever they're home at I p.m., so you've already lost it. And if you're going to take your friends out to Elliot Key on their boat, everybody who's a boater knows that if you have to wait till I p.m. to get your party supplies, your day is cut in half. There are ordinances in our neighboring municipalities that have already changed this. Coral Gables opens at 9 a.m.; Miami Beach, at 8 a. m. We'd like to just modernize this and, you know, recognize that these ordinances -- or at least this time is not stopping people from getting their alcohol early. They're going and patronizing other -- excuse me -- businesses in other municipalities, rather than helping our own businesses in the City of Miami and helping grow our tax base. So we'd ask respectfully for that one change. Thank you very much. Chair Hardemon: Thank you, sir. Samuel Latimore: My name is Professor Sam Latimore. I live at 937 Northwest 55 Street, Miami, Florida; been a resident a long time. I want to speak in support of CA.17. I've been visiting some of the other parks in the area to see exactly what they put on, and I realize that a grant like this would definitely aid our efforts to provide our kids with more fundamental activities and skills. So I want to just share with the Commission that we are -- the Hadley Neighborhood Association is fully supportive of this grant. The other grant, while I'm speaking, is SR.1, having to do with the regulation and hours of alcohol sales. As a police officer for 16 years, one of my things was to run and operate, as major, the community service division. And I took City of Miami Page 13 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 it personally that a lot of these stores that sold alcohol to people would be selling alcohol all day long, and we would have to respond and provide law enforcement services for people who drank all day long. My efforts got so irritating to some of the people who ran the stores that they complained to me -- about me at the City Commission meeting. They said that I was costing them $3, 000 a month, because I wouldn't allow people to sit in front of stores to yell at children, to interfere with the egress and -- of children, and I found that to be commendable. Tell the Commission I was charge -- I was costing you $3,000 a year. The other issue is that it results in a lot of first responder responses that people -- We used to have to call first responders, because a drunk would fall and hit his head, and that would tie up time. Also, alcohol is -- contributes to over 50 percent of domestic calls that law enforcement gets. And so, by curtailing the hours where the -- we would force people not to be able to consume alcohol in that particular area, but it would go a long ways in dealing with a major problem we have in our community, and that's alcoholism. So we would support any notion to regulate that time. Chair Hardemon: Thank you very much, sir. Ma'am, you're recognized. Anat Kremen: Good morning. My name is Anat Kremen, Big Bus Tours Miami; address is 2444 Northwest 7th place, Miami, Florida, 33127. And I'm speaking on Resolution 3319, which is Item CA. 11, which is the use of the easement of Parcel 3A by the U.S. (United States) Army Corps of Engineers. My business uses the northeast street service road and the turnabout which abuts Parcel 3A, and I'm concerned that the use of this easement for construction for a project, as my business and others would be affected. Please, I'm just asking that we make all considerations to the businesses that use the service road when deciding on this resolution. Chair Hardemon: Thank you very much. Ms. Kremen: Thanks. Marleine Bastien: Good morning. Chair Hardemon: Good morning. Ms. Bastien: Marleine Bastien, 100 Northeast 84th Street. I'm here to speak in favor of Resolution Number 14, introduced by Vice Chair Ken Russell, and it's also supported by each and everyone of you. Thank you for your leadership. As you know, temporary protected status was awarded by then -President Obama to allow Haiti, which had gone through the worst crisis in modern history, an earthquake that killed over 300,000 people and destroy Haiti's infrastructure. TPS (Temporary Protected Status) was also awarded to other nations, and some of them have already lost TPS, so that's why this resolution is so important. And as you know, on the 20th of November, the Trump Administration also ended TPS for Haiti, and 58,000 Haitians who had been living here, deeply rooted in our community, pay taxes, contribute to our economy will be facing deportation in July 2019 if nothing is done. So what we are doing -- and we thank you for this resolution, and we hope that you will accompany us in our efforts, not only to get TPS reinstated, but also to find a permanent solution to those over 320, 000 TPS recipients from Haiti, from Honduras, from Salvador, from Nicaragua, and other African nations. We have several bills introduced in Congress; three of them by members of the House; one of them by our own legislator, Congressman Carlos Curbello; also supported by Congressman Mario Diaz Balart, Congresswoman Ileana Ross-Lehtinen, Congressman (UNINTELLIGIBLE) and also Congressman [sic] Fredericka Wilson. This is a bipartisan deal that I hope that each and every one of you will support and will travel with us to Washington to champion it. There are also two other bills by City of Miami Page 14 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 members of the House; one by Congresswoman Yvette Clark of New York and one -- another one by Congressman [sic] Nydia Velasquez, also of New York, and both of them bipartisan bills. And there is one bill in the U.S. Senate we hope our own Senator Mario Diaz-Balart will sponsor. Thank you, leaders. We -- it takes leadership to stand up, you know, and fight for immigrants' rights these days, but these TPS recipients deserve to be here. They are deeply rooted in our nation; they contribute socially, economically, and politically. So thank you so much, Vice Chair Russell, for your leadership, and each and every one of you, Mr. Chair, for supporting. Mr. Carollo, good to see you back. And Mr. Reyes, I hope to learn to know you. And then, also, Mr. Gort, always on the right side of history. Thank you. Chair Hardemon: Sir, you're recognized. Williams Armbrister: Well, praise the Lord Jesus, and good morning to every wonderful man, woman, and child at the sound of my voice. My name is Williams Alfred Armbrister, Sr. I reside at 3260 Thomas Avenue, here in Coconut Grove. And before I begin, I'd like to first start off with acknowledging -- Mr. Russell, I'd like to acknowledge the fact that you continue to say what Armbrister wants, and I've never endorsed you or encouraged you, or authorized you to say what I want, because I am not hampered by youth and inexperience. I can speak for myself. And in this PH.9 and PH.10, I am totally against any monies being distributed in the community of West Grove, unless it first begins with retooling these -- housing on Grand Avenue. We -- every Mayor we've had in the City of Miami, every Commissioner we've had, every City Manager has totally ignored this community here in West Grove, and what we need is some of those dollars. We're going to have between 25 and $40 million contributed to the Coconut Grove Playhouse between the City of Miami and Miami -Dade County. You contributed $50 million to the Museum of Science. You keep bringing a lot of money into this district in this area south of U.S.], but you have not seen fit to do anything as far as housing for the people in this community, and it's a shame. You should feel ashamed, because -- Chair Hardemon: Can you speak to the Chair? Speak through the Chair. Mr. Armbrister: -- the Chair -- because this Commission should feel ashamed, because this community has totally been ignored by every elected official for generations. And instead of bartering with the Day Avenue Eight, we should have been in -- having conversation with the owners of these apartments on Grand Avenue, offering to retool those apartments for housing for the people in that community, and come up with a covenant agreement that would last some 15 years so that their rent doesn't go up, and they'll -- we have to go through this all over again. So until you are going to invest money holistically in this community for the people who live there, Thelma Gibson's -- and their health initiative is not going to offer what we need in this community. The Collaborative is not offering what we need in this community. What we need in this community is a body of elected officials who know what we need. And I want to give you an illustration here so you'll understand that I'm not speaking for Armbrister. Here is -- When you see me, you can look at me as a ten -dollar bill, but this ten -dollar bill is representative of a thousand pennies. So when you see me, you see this, but I'm speaking for all the people that you often hear, but you never listen to, because if you had listened to these people, time and time again, meeting and meeting again, what we need in this community, you're refusing to provide -- Chair Hardemon: Thank you, sir. Mr. Armbrister: -- and I'm going to ask that before you give some more money to -- in the individual geographical location in our community that you deal in a holistic mode -- City of Miami Page 15 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Thank you very much. Mr. Armbrister: -- and take care of the community as a whole -- Chair Hardemon: Thank you. Mr. Armbrister: -- and I thank you very much for your time. Chair Hardemon: Thank you. Sir, you're recognized. Edward Lugo: Good morning, members of the Commission. My name is Edward Lugo. I am president of Miami Fraternal Order of Police, 710 Southwest 12th Avenue. I'm here today to speak on Item Number RE. 17. The Fraternal Order of Police does not support of this change regarding American Traffic Solutions. The Red Light Camera Program is extremely beneficial to the City of Miami for two reasons. The first reason is for safety and as an investigation tool. We are not only able to utilize the cameras to deter people from running red lights, but we are also able to use it to do investigations regarding homicides, robberies, and other crimes that affect our citizens. The second benefit: It brings approximately 4 million a year in reoccurring revenue. As you are aware, the City of Miami owes the Fire and Police Pension Fund over $200 million. Just Police alone, you owe us approximately $110 million in wages. We have already won in the Supreme Court, in their second Supreme Court decision that we expect to come out in the beginning of the year in regards to the constitutionality of the fiscal urgency. I urge our Commissioners to table this before making rash decisions dealing with financial and economic items that can affect the Miami taxpayer. Thank you. Johanna Brown: Good morning. My name is Johanna Brown. I live at 4360 Ingraham Highway, and I have some comments regarding P113, but I'd like to respectfully request to give those comments when the item is heard, if that's okay. I'm a intervenor in the Circuit Court case, and don't know if that's okay. Vice Chair Russell: Thank you, Ms. Brown. The Chairman is not here at the moment. Normally, we would take these up at this point. Ms. Brown: Okay. Vice Chair Russell: Madam City Attorney, in this item, which is a PH (public hearing) item -- this is the Battersea case. It's coming back from the court. We have an intervenor who would like to speak a little longer. Do they maintain intervenor status within a PH item? Victoria Mendez (City Attorney): It is your decision right now, as Chairman, whether you would like to give her the time at the time that the item is discussed. It's fine. Vice Chair Russell: Yeah. I'm happy to allow you to have extra time if you'd like to do it now, or you can speak at the item. Ms. Brown: I'll speak at the item, if that's okay. Vice Chair Russell: Okay, fine. Ms. Brown: Thank you. Vice Chair Russell: And that is -- yeah, that's PH. 3. City of Miami Page 16 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 David Polinsky: My name is Dr. David Polinsky, from the Wynwood BID (Business Improvement District), 1040 Biscayne. I'm here to speak on behalf of Item SR.S, which is temporary uses on vacant land. Wynwood's a district that's -- owes a significant amount of its successes to the temporary activations that we've had on vacant land, including very popular places, like the Wynwood Yard. The TUP (temporary use permit) legislation is very much in need of updating, and we want to commend both DS for sponsoring this legislation and City staff for putting together a reasonable balance between extending the periods of time for TUPs while increasing the control and supervision of these temporary uses. Thanks so much. Vice Chair Russell: Thank you. Stephanie Sayfie Aagaard.• Good morning. My name is Stephanie Sayfie Aagaard. My address is 730 Buttonwood Lane, in Miami. I'm here to speak about RE.17, RE.19, and DL3. First of all, it is proven that red cameras save lives. It has modified the behavior of the people that have gone and had a ticket before. They don't want to go again and have another ticket. It also reduces the number of fatalities, injuries to our children, the Miami citizens, our parents, your brother, your sister. It has stopped that. If people run a red light, it's breaking the law; just like they get a speeding ticket. So why shouldn't we have the red lights? It has also helped the police, as you've heard from the president of the Fraternal Order of the Police. It's helped them stop crimes. They've caught many crimes from the cameras. Police have used this for along time. We also ask to delay this decision till you see more studies done, because this has helped a lot. It also helps different organizations like the trauma centers. It helps research, for a certain amount of money from those tickets goes to help people and all the traumas that they're having right here in the City. But we could help stop those traumas if we keep the red light cameras. Please help us save lives. Help us, as citizens, keep the red light cameras so they can help your families, and your friends and families, and your citizens of Miami. Also, I know Mark Buoniconti wants to come and speak; he's on his way. Maybe he could speak when the item is risen later on? He's getting out of the car, and I know we're running late here, so is that possible? Chair Hardemon: It's possible. Ms. Aagaard: Okay. Thank you very much. I appreciate your time. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street; in favor of RE. 14, of course. I think all we can do for those that are in the limbo of immigration will be great. But at the same time, I think we all have to work more than just the letter; maybe inform them completely. Some of them are so confused that they are too afraid to even ask to see the applications that are going to be done on that, and sometime information is not as real as we want. In reference of the RE. 16 and RE. 19, I just have questions for all of you. How can it be possible that we been talking about red light cameras for the past several years, people complaining, because seniors that doesn't have the money to pay for those tickets they give them? Those that are being taken to court, because they are stopped on the red light for let somebody cross the street, they still have to pay for the ticket, even though they see that it's not the person doesn't want to stop on the red light; it just had to cut off in the middle. We have seen all type of cases, and we have already a study, for those who doesn't know, that it shows that when it's the red light cameras, we have more accidents in those traffic light. And to me, it just a shame; that if you guys are the ones that represent us, then have the power to cancel these contracts so you can have the service -- as I read in your papers -- you can have the service or keep moniting [sic] all those people. But why putting so much burden onto our neighbors? The poor neighbors that we have as a Little Havana is one of them that City of Miami Page 17 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 have the majority of the cameras. How come we can do that? So those, the police officers, I think they are -- they can keep monitor the cameras. They can have the fees, as long as I see in the paper that you have in your agenda. It's not like you are taking it out. But why keep making those people doesn't have the money to pay $149, suffering? How much money do you guys want more from the regular senior that cannot pay it? Some of us can pay it, but some of us, they don't. And sometimes it's - - no matter what you do, it will never let you take the ticket out of the area you said; you have to pay, no matter what. I think that's really unfair. I hope that you guys do the right thing, because remember, we are getting the fees out of our seniors, so just think about it. Some of them, we can pay for if we make the mistake and we do it. Chair Hardemon: Thank you very much, ma'am. Ms. Betancourt: Okay. Thank you. Hap --Merry Christmas, guys. Chair Hardemon: Same to you. Javier Ortiz: Hi, Commissioner. Javier Ortiz, past president of the Fraternal Order of Police. RE. 17 and RE. 19, I was hearing all about the red light camera and how people don't understand the purpose of the cameras. It's not really about money, and I can say that firsthand, because my great-uncle was killed here in the City of Miami by a red light runner. We're number one in pedestrian fatalities in the United States. That's something that we shouldn't be proud of, and I would say it's either 60 or 70 percent of our residents aren't the ones that get the tickets. And if you can't afford paying the ticket, maybe you shouldn't run the red light. Thank you. Chair Hardemon: Thank you very much. Is there any other person that'd like to speak on public comment? Oh, he's here. Mark Buoniconti: Mark Buoniconti, 7390 Southwest 100th Street. I'm here on behalf of the red light camera. You know, I'm angry and I'm not going to sugarcoat it today. I'm very angry. I can't even believe that this issue is even in front of the Commission. When I heard this was going to be on the Commission, I knew right away that it was all for political reasons. Joe, you and Mayor Suarez did this specifically for an issue to raise during the campaign; not about the program. Congratulations. I hope you're proud of yourself, because if this program goes down, you just killed 13 people. That's right. 27 people were killed in intersections by red light cameras before they were put up. They were reduced to 13 fatalities. So I hope you're proud that you're going to kill 14 people. Now, if those people happen to survive, they go to Jackson Hospital, guess what? Red light cameras fund Jackson Hospital, too. You're going to hurt Jackson Hospital. God forbid it's one of your grandchildren that gets hurt in a red light camera crash. They go to Miami Children's Hospital. Guess what? Miami Children's Hospital gets money from the red light camera, too. Their lives are going to be impacted. $15 million a year goes to the Miami Project to Cure Paralysis for treatment on people who suffer spinal cord injuries; mainly from people who are injured in driving accidents. If that's not enough for you to pass the program, think about all the crimes that have been solved with these cameras. Over 3,000 times, the City of Miami Police have used these cameras to solve crimes, to solve murders, to solve rapists, and that's just part of the program. You guys have an opportunity to do the right thing. Don't be responsible for more people losing their lives. And, look, are you going to go to the funerals of these families that you turned these cameras off? Because if not, someone's going to have to go and apologize for wanting to know why their children are dead -- Chair Hardemon: Thank you, sir. Mr. Buoniconti: -- because none of the cameras have been turned on. City of Miami Page 18 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Thank you very much for your comments, sir. Mr. Buoniconti: It's time to do the right thing, okay? Turn the cameras on -- Chair Hardemon: Thank you. Mr. Buoniconti: --keep them on. Thankyou. Chair Hardemon: Thank you, sir. Is there any other person that'd like to speak during public comment? I'm sure no one wants to follow that. The public comments section has ended. CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes CA.1 RESOLUTION 3118 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Department of THE BID RECEIVED ON AUGUST 14, 2017 PURSUANT TO Police INVITATION FOR BID ("IFB") NO. 676380 FROM DECON ENVIRONMENTAL & ENGINEERING, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF INDOOR FIREARM RANGE DECONTAMINATION, DISPOSAL, AND MAINTENANCE FOR AN INITIAL CONTRACT PERIOD OF THREE (3) YEARS WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL THREE (3) YEAR PERIOD; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, 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 OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND MODIFICATIONS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0577 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.], please see "End of Consent Agenda. " City ofMiarni Page 19 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 CA.2 RESOLUTION 3227 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Department of THE BID RECEIVED AUGUST 8, 2017 PURSUANT TO Police INVITATION FOR BID ("IFB") NO. 689381 FROM GT Rescue DISTRIBUTORS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, ON A GROUP -BY -GROUP BASIS, FOR THE PURCHASE OF LETHAL AND NON -LETHAL AMMUNITION AND ACCESSORIES FOR THE MIAMI POLICE DEPARTMENT ON AN AS -NEEDED BASIS FOR AN INITIAL PERIOD OF THREE (3) YEARS WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE END-USER DEPARTMENT SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO ADD SUPPLIERS TO THE CONTRACT AS DEEMED NECESSARY BY THE CITY MANAGER; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AND ALL AMENDMENTS, RENEWALS, AND MODIFICATIONS TO THE SUPPLEMENTAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0578 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.2, please see "End of Consent Agenda. " CA.3 RESOLUTION 3222 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE Department of Fire- PROJECT ENTITLED "STATE HOMELAND SECURITY GRANT Rescue PROGRAM ('SHSGP') SUB -RECIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR FL USAR TASK FORCES FOR FISCAL YEAR 2017" AND APPROPRIATING FUNDS IN THE AMOUNT OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES TO BE USED BY THE DEPARTMENT OF FIRE - RESCUE TO ACQUIRE EQUIPMENT AND PROVIDE TRAINING IN STATE FIRE MARSHAL ("SFM") APPROVED USAR TRAINING COURSES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. ENACTMENT NUMBER: R-17-0579 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.3, please see "End of Consent Agenda. " City ofMiarni Page 20 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 CAA RESOLUTION 3230 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Grants ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Administration ACCEPT A GRANT AWARD IN A TOTAL AMOUNT NOT TO EXCEED $295,969.00 ("GRANT") FROM THE HEALTH FOUNDATION OF SOUTH FLORIDA ("HFSF") TO CONTINUE THE ADMINISTRATION AND COORDINATION OF HFSF'S LIVE HEALTHY COMMUNITY PARTNERSHIP INITIATIVE IN LITTLE HAVANA ("PROGRAM") WHICH TOTAL GRANT FUNDS (1) SHALL NOT EXCEED $144,375.00 FOR THE PROGRAM YEAR FROM JANUARY 1, 2018 THROUGH DECEMBER 31, 2018 ("2018 PROGRAM YEAR") AND (2) SUBJECT TO AVAILABILITY OF FUNDS AND SUCCESSFUL COMPLETION OF 2018 GOALS AND OBJECTIVES, SHALL NOT EXCEED $151,594.00 FOR THE PROGRAM YEAR FROM JANUARY 1, 2019 THROUGH DECEMBER 31, 2019 ("2019 PROGRAM YEAR"); ESTABLISHING AND APPROPRIATING THE GRANT FROM A NEW SPECIAL REVENUE PROJECT FUND ENTITLED "LIVE HEALTHY LITTLE HAVANA INITIATIVE 2018-2019" IN ORDER TO FUND THE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT AWARD AND THE OPTION TO RENEW FOR THE 2019 PROGRAM YEAR. ENACTMENT NUMBER: R-17-0580 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.4, please see "End of Consent Agenda. " City ofMiarni Page 21 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 CA.5 RESOLUTION - Item Pulled from Consen' 3340 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING City Manager's THE RESIGNATION OF DANIEL J. ALFONSO ("ALFONSO") AS Office CITY MANAGER OF THE CITY OF MIAMI ("CITY") EFFECTIVE AYES: JANUARY 11, 2018; FURTHER AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ALFONSO THE EQUIVALENT OF SIX (6) WEEKS' PAY AND ALL EARNED BUT UNUSED VACATION AND SICK LEAVE AS OF JANUARY 11, 2018 UPON EXECUTING A SEPARATION AGREEMENT AND GENERAL RELEASE ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AUTHORIZING THE MAYOR TO DESIGNATE FERNANDO CASAMAYOR, THE CHIEF FINANCIAL OFFICER/ASSISTANT CITY MANAGER, AS THE INDIVIDUAL TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.515000. ENACTMENT NUMBER: R-17-0576 MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Joe Carollo, Commissioner Manolo Reyes, Commissioner Hardemon, Russell, Gort, Carollo, Reyes CA.5 RESOLUTION - Item Pulled from Consent 3340 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING City Manager's THE RESIGNATION OF DANIEL J. ALFONSO ("ALFONSO") AS Office CITY MANAGER OF THE CITY OF MIAMI ("CITY") EFFECTIVE AYES: JANUARY 11, 2018; FURTHER AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ALFONSO THE EQUIVALENT OF SIX (6) WEEKS' PAY AND ALL EARNED BUT UNUSED VACATION AND SICK LEAVE AS OF JANUARY 11, 2018 UPON EXECUTING A SEPARATION AGREEMENT AND GENERAL RELEASE ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AUTHORIZING THE MAYOR TO DESIGNATE FERNANDO CASAMAYOR, THE CHIEF FINANCIAL OFFICER/ASSISTANT CITY MANAGER, AS THE INDIVIDUAL TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.515000. ENACTMENT NUMBER: R-17-0576 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Joe Carollo, Commissioner SECONDER: Mano to Reyes, Commissioner AYES: Harde mon, Russell, Gort, Carollo, Reyes City ofMiarni Page 22 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 CA.5 RESOLUTION - Item Pulled from Consent 3340 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING City Manager's THE RESIGNATION OF DANIEL J. ALFONSO ("ALFONSO") AS Office CITY MANAGER OF THE CITY OF MIAMI ("CITY") EFFECTIVE JANUARY 11, 2018; FURTHER AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ALFONSO THE EQUIVALENT OF SIX (6) WEEKS' PAY AND ALL EARNED BUT UNUSED VACATION AND SICK LEAVE AS OF JANUARY 11, 2018 UPON EXECUTING A SEPARATION AGREEMENT AND GENERAL RELEASE ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AUTHORIZING THE MAYOR TO DESIGNATE FERNANDO CASAMAYOR, THE CHIEF FINANCIAL OFFICER/ASSISTANT CITY MANAGER, AS THE INDIVIDUAL TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.515000. ENACTMENT NUMBER: R-17-0576 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Vice Chair Russell: Can we hear PK 7? Victoria Mendez (City Attorney): Mr. Mayor? Mayor Suarez: Yes. Ms. Mendez: I apologize. We would need to amend, I believe, CA. 5, with the new date. Mayor Suarez: Yeah. And there's another issue, which is the Mayor -- and, you know, Commissioner brought up an issue about having an interim Manager. The problem with an interim Manager is if it's longer than 14 days, it needs to be ratified by the Commission, right? So that was the other problem that we had with doing it that way, which is -- Even naming an interim Manager for January 3 -- you understand what I m saying? Commissioner Carollo: Right. Mayor Suarez: So that's the tricky part; that we're dealing with a couple of different things here, one of which is that 14 -day rule. Commissioner Carollo: That is correct, Mr. Mayor, and at least, hopefully, we resolved it until the 11 th and -- Mayor Suarez: Right. Commissioner Carollo: -- hopefully, we have a happy ending on the 11 th, and we could bring Barney out. City of Miami Page 23 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mayor Suarez: Cheers. Commissioner Carollo: Thank you. Mayor Suarez: I like that. Chair Hardemon: Okay, so we have to --Madam City Attorney, what's the -- what specific line in CA. S? Because -- Commissioner Gort: We have to call it back. Ms. Mendez: CA (Consent Agenda) -- Mayor Suarez: You have to reconsider it -- Commissioner Gort: Reconsider it. Mayor Suarez: -- to change it. Chair Hardemon: No, no, but -- Ms. Mendez: CA. S, instead of the January 2 date, it is now January 10 [sic]. Vice Chair Russell: Move and accept the amendment. Ms. Mendez: So we have to change that throughout the resolution. Commissioner Gort: Second. Commissioner Carollo: It's the 11 th, right? Chair Hardemon: So the -- Commissioner Carollo: I'm sorry. It would be 11 th. Mayor Suarez: Yeah, the 11 th. Commissioner Carollo: The 11th, yeah; not the 10th; the 11th. Mayor Suarez: Yeah. Commissioner Carollo: Do we need to make a call to your future employer? Daniel J. Alfonso (City Manager): I will request to -- Mayor Suarez: I think they'll be okay. Mr. Alfonso: -- I'm -- I think they'll be okay. Commissioner Carollo: Okay. Thank you. Chair Hardemon: So my first question, Madam City Attorney: Is it necessary to amend it where it says that it pays Mr. Alfonso six weeks' pay and all earned but unused vacation and sick leave as ofdanuary 2, 2018? Ms. Mendez: Right. City of Miami Page 24 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Why --? Ms. Mendez: We have to change it to January IL Chair Hardemon: But I'm asking you, because would he accrue new sick leave as of January 11th or --? Ms. Mendez: He accrues every month. Mr. Alfonso: If that becomes a problem, I don't have to accrue anything; just for -- Mayor Suarez: He's saying that he doesn't have to burn a week -- Mr. Alfonso: I'll just -- Mayor Suarez: -- of his vacation time. Mr. Alfonso: -- burn another week of vacation. I -- And if you want to limit it to whatever I have accrued as of that -- the January 2, I'm fine with that, as well, Commissioners. I'll -- Mayor Suarez: Chair, I think the fair thing to do -- Mr. Alfonso: -- help you out. Mayor Suarez: -- in fairness to the Manager is that he doesn't have to burn a week of vacation time when he's working for an extra week. I think that's the fair -- that's the right thing to do. Chair Hardemon: Okay. Mayor Suarez: In other words -- You understand what I'm saying? So it's just a slight modification and now it's a -- Ms. Mendez: Just the date. Mayor Suarez: -- that's it, yeah. Ms. Mendez: So I just have to change the 2nd -- Chair Hardemon: So, Mr. Clerk, I know you always have -- Ms. Mendez: -- throughout the document to be like -- Chair Hardemon: -- heartburn about this, so I'll break this down. Look, the motion -- you don't want to reconsider the motion. Reconsidering the motion opens up the entire motion as all the items. Mayor Suarez: Yeah. Chair Hardemon: That's not what we want to do. But individually, this item did pass, right? Todd B. Hannon (City Clerk): If you just want to make the reconsideration on CA.5 Chair Hardemon: That's exactly -- City of Miami Page 25 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mr. Hannon: -- we have adopted a new custom. Chair Hardemon: Right; that's exactly what I'm going to ask. So I'm going to ask that a mover moves to reconsider CA. S. Mayor Suarez: Yeah. Commissioner Carollo: And I do. Chair Hardemon: It's been properly moved by Commissioner Carollo to reconsider Item CA. S. Commissioner Reyes: Second. Chair Hardemon: Seconded by Commissioner Reyes. All in favor of the motion to reconsider CA. S, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion passes. Commissioner Carollo: I'm impressed with the Chairman. Chair Hardemon: Now -- Mayor Suarez: He's very good. Chair Hardemon: -- CA.5 is open. Is there a motion to amend CA. S and--? Commissioner Carollo: A motion to amend. Commissioner Reyes: Second. Chair Hardemon: It's been properly moved and seconded to amend CA. 5, and I'm assuming to change the date from January 2 to January 11. Commissioner Carollo: Right. Chair Hardemon: That is a motion to amend CA.S. The motion to amend will also include a motion to pass, okay? All right. It's been properly amended. Is there any discussion regarding that item? Hearing no discussion, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mayor Suarez: Thankyou, Mr. Chair. Chair Hardemon: Thank you very much. City of Miami Page 26 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 CA.6 RESOLUTION 3233 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY Public Works MANAGER TO ACCEPT THIRTEEN (13) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED OF DEDICATION (COLLECTIVELY, "DEEDS"), AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP RECORDED COPIES OF SAID DEEDS. ENACTMENT NUMBER: R-17-0581 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 6, please see "End of Consent Agenda. " CA.7 RESOLUTION 3234 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Public Works EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR LANDSCAPE, TURF, INTEGRAL COLORED SIDEWALKS, PAVERS, AGGREGATE TEXTURED SIDEWALKS, LIGHTING SYSTEMS AND OTHER INCIDENTAL FEATURES ON STATE ROAD 968/SOUTHWEST 1ST STREET FROM SOUTHWEST 6TH AVENUE TO SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBITS "A," "B," AND "C" OF THE AGREEMENT, ATTACHED AND INCORPORATED, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY DESCRIBED IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0582 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 7, please see "End of Consent Agenda. " City ofMiarni Page 27 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 CA.8 RESOLUTION 3235 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Public Works EXECUTE AN OFF -SYSTEM CONSTRUCTION AND Public Works MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR IMPROVEMENTS ON STATE ROAD 968/SOUTHWEST 1 STREET FROM WEST OF SOUTHWEST 5TH AVENUE TO SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, FOR RECONSTRUCTION OF THE SOUTHWEST 1ST STREET BRIDGE, INCLUDING IMPROVEMENTS ON ROADS NOT ON THE STATE HIGHWAY SYSTEM. ENACTMENT NUMBER: R-17-0583 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.8, please see "End of Consent Agenda. " CA.9 RESOLUTION 3236 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND Department of EXECUTE A LOCALLY FUNDED AGREEMENT WITH THE STATE Public Works OF FLORIDA DEPARTMENT OF TRANSPORTATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDING FOR THE CITY OF MIAMI'S CONTRIBUTION, IN THE AMOUNT OF EIGHTY THOUSAND DOLLARS ($80,000.00), FOR THE CONSTRUCTION CONTINGENCY COSTS ASSOCIATED WITH THE IMPROVEMENTS TO THE NORTHWEST 34TH AVENUE BRIDGE OVER COMFORT CANAL, FROM APPROXIMATELY NORTH OF STATE ROAD 836/DOLPHIN EXPRESSWAY TO NORTHWEST 14TH STREET; ALLOCATING FUNDS IN THE AMOUNT OF EIGHTY THOUSAND DOLLARS ($80,000.00) FROM PUBLIC WORKS PROJECT NO. 4013-183605. ENACTMENT NUMBER: R-17-0584 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 9, please see "End of Consent Agenda. " City ofMiarni Page 28 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 CA.10 RESOLUTION 3249 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF Procurement ARMORED CAR SERVICES FOR CITYWIDE USE PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UTILIZING THE COMPETITIVELY SOLICITED AND EXISTING CITY OF MIAMI BEACH, FLORIDA CONTRACT NO. 2014 -002 -ITB -MF EFFECTIVE THROUGH FEBRUARY 23, 2020, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE CITY OF MIAMI BEACH, FLORIDA; ALLOCATING FUNDS FROM THE CITY OF MIAMI'S GENERAL FUND, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUPPLEMENTAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY RENEWALS, AMENDMENTS, AND MODIFICATIONS TO THE SUPPLEMENTAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0585 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.10, please see "End of Consent Agenda. " City ofMiarni Page 29 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 CA.11 RESOLUTION 3319 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO Estate and Asset ACCEPT AND EXECUTE, AN EASEMENT FOR A PUBLIC ROAD Management OR STREET ("EASEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR INGRESS AND EGRESS OVER PROPERTY OWNED BY THE UNITED STATES ARMY CORPS OF ENGINEERS ("ACOE") ALLOWING FOR PEDESTRIAN AND/OR VEHICULAR ACCESS OVER THE SAME, IDENTIFIED AS PARCEL 3A LOCATED AT MIAMI BAYFRONT PARK, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ("PROPERTY') OF THE EASEMENT, , WITH SAID PROPERTY BEING UNITED STATES GOVERNMENT LAND CURRENTLY LEASED TO THE CITY OF MIAMI ("CITY') FOR A PUBLIC PARK UNDER THE UNITED STATES DEPARTMENT OF THE ARMY LEASE NO. DACW17-1-90-0001; AT NO COST TO THE CITY, IN PERPETUITY, INCLUDING ANY EVENT OF A SALE OR CONVEYANCE OF THE PROPERTY, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE EASEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE EASEMENT. ENACTMENT NUMBER: R-17-0586 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.]], please see "Public Comment Period for Regular Item (s) and "End of Consent Agenda. " CA.12 RESOLUTION 3256 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of the City ATTACHMENT(S), AUTHORIZING THE DIRECTOR OF FINANCE Attorney TO PAY TO THE TRUST ACCOUNT OF GORDON & DONER, P.A., ATTORNEYS FOR JUAN ZAMORA LAMAS ("LAMAS") IN THE CASE OF JUAN ZAMORA LAMAS V. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 15-001815 CA 34, THE TOTAL SUM OF SEVENTY THOUSAND DOLLARS ($70,000.00) IN FULL SETTLEMENT OF ALL CLAIMS ALLEGED AGAINST THE CITY OF MIAMI ("CITY') WITHOUT ADMISSION OF LIABILITY UPON EXECUTING A RELEASE, SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE REVISIONS AND NON - SUBSTANTIVE AMENDMENTS TO SUCH RELEASE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS NEEDED FOR SAID PURPOSE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. ENACTMENT NUMBER: R-17-0587 City ofMiarni Page 30 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA12, please see "End of Consent Agenda. " CA.13 RESOLUTION 2861 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners REAPPOINTING VICTORIA MENDEZ AS CITY ATTORNEY OF and Mayor THE CITY OF MIAMI, FLORIDA TO HOLD OFFICE AS PROVIDED FOR IN THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH COMPENSATION AND EMOLUMENTS TO REMAIN THE SAME. ENACTMENT NUMBER: R-17-0588 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.13, please see "Public Comment Period for Regular Item (s) and "End of Consent Agenda. " CA.14 RESOLUTION 3253 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners REAPPOINTING TODD B. HANNON AS THE CITY CLERK OF THE and Mayor CITY OF MIAMI, FLORIDA TO HOLD OFFICE AS PROVIDED FOR IN THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH COMPENSATION AND EMOLUMENTS TO REMAIN THE SAME. ENACTMENT NUMBER: R-17-0589 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.14, please see "End of Consent Agenda. " CA.15 RESOLUTION 3345 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DESIGNATION, PURSUANT TO SECTION 54 - Commissioners 136(2) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS and Mayor AMENDED, OF THE PLAZA LOCATED AT THE INTERSECTION OF HIGHLAND ROAD AND NORTHWEST 14TH STREET, MIAMI, FLORIDA, AS "DR. MICHAEL S. GORDON PLAZA," BY MOUNTING A DESIGNATION POST UNDER THE STREET SIGNS AT THE INTERSECTION, SUBJECT TO ALL APPLICABLE PERMITTING REQUIREMENTS. ENACTMENT NUMBER: R-17-0590 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.15, please see "End of Consent Agenda. " City ofMiarni Page 31 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 CA.16 RESOLUTION 3362 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING THE CITY MANAGER TO ESTABLISH A PILOT and Mayor PROGRAM FOR HOLIDAY LANDSCAPE LIGHTING TO ENHANCE SIGNATURE CORRIDORS DURING THE HOLIDAY SEASON BY INSTALLING DECORATIVE LIGHTING ALONG CERTAIN ROADWAYS WITHIN THE CITY AND ANALYZING THE COSTS OF THE PILOT PROGRAM TO REVIEW FURTHER LOCATIONS FOR INCLUSION IN THE PROGRAM; ALLOCATING FUNDS IN THE AMOUNT OF $55,000.00 FROM ACCOUNT NO. 00001.980000.548000. ENACTMENT NUMBER: R-17-0591 This matter was ADOPTED WITH MODIFICATION(S) on the Consent Agenda. Note for the Record. For minutes referencing Item CA.16, please see "End of Consent Agenda. " CA.17 RESOLUTION 3375 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT and Mayor FROM ADIDAS AMERICA, INC., A FOREIGN FOR-PROFIT CORPORATION ("ADIDAS"), AT AN ESTIMATED VALUE OF $300,000.00, IN THE FORM OF MANUFACTURING AND DESIGN EQUIPMENT AT HADLEY PARK, A CITY -OWNED PROPERTY LOCATED AT 1350 NORTHWEST 50TH STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF THE MANUFACTURING AND DESIGN EQUIPMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID DONATION. ENACTMENT NUMBER: R-17-0592 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.] 7, please see "Public Comment Period for Regular Item (s) and "End of Consent Agenda. " END OF CONSENT AGENDA Chair Hardemon: Right now we're on the CA (Consent Agenda) agenda. And things have changed just a little hit, so I just want to mention to my dear Commissioners -- Citv ofMiarni Page 32 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 Commissioner Reyes, you've already sat through a meeting. Commissioner Carollo, because you've been here, left here, and you've come back, I just want to explain to you that we handle a lot of our motions and a lot of our matters at one time. And so, what I'll do -- Much like you remember the consent agenda, we do one motion, but we also do one motion many times in our public hearings and the resolutions. You can bunch up as many items as you want, and we have a discussion about any item that we've bunched up in there, and it's just a matter of reducing the amount of time that it takes to get through the agenda; it's been working very, very well. And if there's an item, for instance, that you want to vote against, you just ask that one of those items not be bunched into that group. So you are a master of parliamentary procedure, so I know you get exactly where we'll be going, and you understand the pace in which we'll be trying to get it done. And so, what I'd like to ask is that I hear a motion to approve the CA agenda and -- but also with a caveat on CA. 16. The City of Miami, when you're coming from Miami Shores -- Miami Shores, of course, is a beautiful city. It's not very large, but it's beautiful. And when they're approaching into the City of Miami -- or coming into the City of Miami, you many times are accosted with the appearance of the City. And so, I'd like to ask that either there or somewhere along that U.S.1 corridor be added into the pilot program to -- for the lighting, so that that community sees some beautification, as well, when they approach the City of Miami, or are driving through the City of Miami from U.S.]. And so, what I'd like to ask is for a motion to approve the CA agenda, with that included. You're recognized, sir. Commissioner Carollo: Thank you, Mr. Chair. Chair Hardemon: Hit your mike; the red button. See the little button? This controls that mike, and that one controls that mike. Commissioner Carollo: Oh, okay. Thank you very much. If I may, Mr. Chair, you're going to have to bear with me a little today. It's been 16 years; and as you said, we've made some good changes, I think, in moving the agenda along, and I compliment you for that, because I know you were a great part of that. At the same time, I'm a little older, so -- and I haven't taken my smart pills today, so I ask you all to bear with me in the process until we get ahold of it on this agenda. Commissioner Gort: Commissioner, we get younger. Commissioner Carollo: Thank you. The -- there might be some items as we move along that I might ask if we could hold them off. I'm going to try to go through them as quickly as I can so that you could have them as one bunch, but I might skip some, so if you could bear with me in that, if it would be appropriate, I would greatly appreciate it from the Chair. Chair Hardemon: No problem. Commissioner Carollo: On these CA items, there is one that I'd like to hear from the Mayor and get his recommendation on it, if he has one or not. So you tell me how is the appropriate way; if we need to take it out or leave it in, or -- Chair Hardemon: Well, it depends. If it is something that you can anticipate that you'll be voting against -- I'm not saying that you will, but you can anticipate that you could vote against -- then it's appropriate to pull it out. But if it's on the motion to accept or to pass all the items -- Commissioner Carollo: Yes. Chair Hardemon: -- we can still have the discussion -- City of Miami Page 33 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Carollo: Okay. Chair Hardemon: -- you can still ask the questions -- Commissioner Carollo: Okay. Chair Hardemon: -- and we just do it. Commissioner Carollo: So ifI may ask the Mayor -- Mayor Francis Suarez: Yes. Commissioner Carollo: -- on -- Mayor Suarez: Yes. Commissioner Carollo: -- Resolution CA. S -- Mayor Suarez: Yes, sir. Commissioner Carollo: -- if -- I'd like to hear your recommendation on this. Mayor Suarez: Well, I said in the press -- thank you, Commissioner; I appreciate that -- that I have no specific perspective on it. I've made my thoughts known about the Manager. Obviously, this is in the purview of the Commission to decide whether or not they want to accept or reject this. My understanding when I met with the Manager was that he had already spoken to the Commissioners. I'm not sure if he had a chance to speak to you on this item or not, and he indicated to me that he had the support of the Commission for this item. And so, I -- Commissioner Carollo: But that's not what I'm asking, Mr. Mayor. Mayor Suarez: Yeah. Commissioner Carollo: I want -- and my vote could depend greatly on your feelings on this. Mayor Suarez: Sure. Commissioner Carollo: I mean, I heard you praising the Manager greatly this morning, but I also understand the decision that you made when you first came towards the Manager, so I'd really like to hear your recommendation on that -- Mayor Suarez: And -- Commissioner Carollo: -- because it might have a bearing on how I vote on this. Mayor Suarez: Understood. Look, I said in the press, also, that I felt that it was reasonable. The reason why I felt it was reasonable was because it was essentially accrued leave, plus the severance that he would receive if he were terminated. So it wasn't an exorbitant amount of money. I think it was in the $70, 000 range, if I'm not mistaken. And since he had indicated to me that he had the support of the Commission, I indicated to him that I would not oppose that item. Commissioner Carollo: Mayor, I appreciate that, but I think that we need to look at, whether there is support or not, what you personally feel, then, so I don't think your City of Miami Page 34 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 feelings are always going to be what the Commission wants. That's not how we run government, nor we should run government that way. Mayor Suarez: Right. Commissioner Carollo: And all I'm trying to get is something simple. Do -- are you in favor of this, or are you opposed to it? Mayor Suarez: I said I think it's reasonable; I think it's in the purview of the Commission, and I have no problem -- I'm not going to veto it if that's what you're asking. Commissioner Carollo: Okay. You -- I think you answered my question -- Mayor Suarez: Thankyou. Commissioner Carollo: -- so I can move ahead. For the record, on this item, State law does say that we can pay up to six weeks'severance pay, and that's all that we're giving; along with accrued vacation time and sick time; that, for the most part, in most governments, they do that for a Manager. You might have some tweaks here and there, but -- and particularly, under the circumstances that this Manager is leaving, I will support it, especially since the Mayor has given his blessing to it. Mayor Suarez: Thankyou. Chair Hardemon: So -- Mayor Suarez: Thankyou, Commissioner. Chair Hardemon: -- Commissioner Carollo, I'll accept what you're stating as the motion to approve, as I stated before on the record. Commissioner Carollo: Yeah. Well, the -- Chair Hardemon: Thank you very much. And the Chair will second. Is there any other comment on any other items? Commissioner Reyes, you're recognized. You're recognized, sir. Commissioner Reyes: I'm seconding that motion. Chair Hardemon: Oh, okay, okay. Is there any other discussion about the items? Vice Chair Russell: As a block? Chair Hardemon: Correct. Hearing none, all in favor of the items, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Todd B. Hannon (City Clerk): And for the record, CA. 16 will be amended. Chair Hardemon: Thankyou very much. City of Miami Page 35 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 0001:1IDI: 1;0N1ki[4� PHA RESOLUTION 3228 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Department of EXECUTE A COLLABORATION AGREEMENT, IN SUBSTANTIALLY Community and THE ATTACHED FORM, BETWEEN MIAMI-DADE COUNTY, THE Economic CITY OF MIAMI ("CITY"), THE CITY OF NORTH MIAMI, THE CITY Development OF HIALEAH, THE HIALEAH HOUSING AUTHORITY, THE CITY OF MIAMI GARDENS, THE CITY OF MIAMI BEACH, AND THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH FOR THE 2020-2025 ASSESSMENT OF FAIR HOUSING FOR THE PERIOD FROM OCTOBER 1, 2020 TO SEPTEMBER 30,2025; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0601 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Mayor Francis Suarez: I want to take two very simple -- what I think are two simple items, PH.8 and PH 10 -- Chair Hardemon: If we can -- Mayor Suarez: Yes. Chair Hardemon: -- can we have a motion to approve the PH (Public Hearings) agenda? Vice Chair Russell: I'd like to take them separately. Chair Hardemon: You want to take them --? Mayor Suarez: I have one floor amendment on PH.8. Chair Hardemon: PH.8? Mayor Suarez: Yeah. It's just a floor amendment,- then you can approve the PH agenda. The floor amendment is in conversations with Commissioner Reyes'office, I think we decided that it would be more appropriate since I've been elected Mayor to put the Poverty Initiative Program that I had sponsored initially as a District 4 Commissioner into the Mayor's Poverty Initiative Fund; and so with the -- So I think it's the right thing to do for the Commissioner. I think he's going to start his own legacy of programs, which I'm sure are going to be very beneficial for our City. Commissioner Reyes: And it's all right with me; it's fine with me. City of Miami Page 36 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mayor Suarez: Okay. Todd B. Hannon (City Clerk): Chair, it is my understanding that PH.7 needs to be amended, as well. Chair Hardemon: No, no. Is there an amendment for PH. 7? Commissioner Carollo: PH -- ? Mr. Hannon: PH. 7. Commissioner Carollo: I'm sorry. I need -- Can you read it, PH. 7? Chair Hardemon: PH.7 is the -- accept the gift -- agreement from the Van Alen Institute. Victoria Mendez (City Attorney): The department is supposed to clam the amount of it on Page 1, so. Chair Hardemon: So, Commissioner Carollo, this is the resolution of the Miami City Commission, by a four-fifths affirmative vote, rating the City Manager's recommendations; amending and waiving the requirements of competitive sealed bidding for purposes of accepting a donation of approximately $180,000; $120,000 in in-kind services, and $60,000 in monetary funds from the Van Alen Institute, a New York City 501(c)(3), to be used for design and development phase of a new general plan for the Jose Marti Park. Commissioner Carollo: I was informed of this when the Administration went through the agenda with me. I'd just like to get on the record from you what they're going to do for us, and what benefits are we getting from the money that we will approve that they will spend. Jane Gilbert: Sure, absolutely. Jane Gilbert, chief resilience officer, City of Miami. So the Van Alen Institute is a non-profit, based in New York, that helps cities, communities, sometimes States, larger jurisdictions with procurement and stakeholder engagement on large resilient redesign projects. They are doing a challenge here in Greater Miami and the Beaches. This is the project they selected with the City of Miami to look -- do a general plan -- new general plan for Jose Marti Park, taking climate change, sea level rise, as well as some of the other stresses facing that East Little Havana area of more densification, transportation stresses, et cetera into account. So what they're going to do is help us both make sure that we reach out very broadly and widely for the best team possible to do that design and help us with writing it. It's going to go through all the City's regulated procurement processes. They're giving us the money to -- for the design phase, 60,000 towards the design phase. We already have funding budgeted for the general plan and the implementation of that for Jose Marti Park, but this is added. And then when we -- once the design team is chose -- actually, even before the RFQ (Request for Qualifications) goes out, they're going to do some stakeholder engagement in -- or citizen engagement in the Little Havana area to ask what people want to see in a general plan, what they want to see out of a design. And then once the team is hired, they will also do -- help us with more -- actually making sure they identify some key people in the neighborhood to really help make sure we have as much engagement as possible, and make sure that they actually recruit people to those meetings, and get as much input on the park process as possible. City of Miami Page 37 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Carollo: How long is this going to take, approximately, before they come back with a final report to us? Ms. Gilbert: How long will the general plan? Commissioner Carollo: Well, how long is it going to take for them to do the study that they're going to do for us? Ms. Gilbert: Well, it has to go through our procurement processes. Commissioner Carollo: Right. Ms. Gilbert: So it's -- Commissioner Carollo: I understand. Ms. Gilbert: -- that -- Commissioner Carollo: Outside of that. Ms. Gilbert: Outside of that, once we have the design team? Commissioner Carollo: Right. Ms. Gilbert: I expect it would be a three -- four month, maybe, because there'd be some designs, and then we'd get feedback from the community again, and then they'd have to redo it. Commissioner Carollo: The only comment that I want to make publicly that I want to make sure that we go wide -- very wide. When we talk about input from the community, what I have found for many years, citywide, and particularly in the poorer districts like this, that when we talk about input from the community, you're really getting very little input from the real community, because those people are so busy working -- Ms. Gilbert: Yes. Commissioner Carollo: -- trying to make a living and feed their families. Ms. Gilbert: Of course. Commissioner Carollo: And you're only getting it from a handful of people that usually are the ones that have invested and they're looking to invest more in real estate, and have their own personal agendas that's not the district -wide or citywide concerns, so I want to make sure -- and I'm saying this for the record -- that before that press goes out that they meet with me, staff meets with me, and we really go out to a lot of people, not just a handful, because if not, I know what's going to happen there. Ms. Gilbert: Okay. Commissioner Carollo: Okay. Having said that, I -- Chair Hardemon: Commissioner -- Ms. Gilbert: Okay. So I need to read into the record just a -- City of Miami Page 38 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Carollo: Yeah. Ms. Gilbert: -- they were just some minor edits. The amount -- so for Item 1 in Exhibit "A," on Page 12: Provide the City with in-kind services valued at approximately 120, 000, instead of 160, 000, for the support of conceptual design phase of the project; and 60, 000 in monetary funds, to be used to compensate the selected proposal from the City's Request for Qualifications process. And then I -- in Section "B: " The City of Miami will: Number one, pay the selected proposer a minimum of 60, 000, to be allocated from the gift amount, based on the work invoiced during the conceptual design phase. The City will be responsible for any funding in excess of 60,000 for phase one conceptual design, subject to allocation appropriations and budgetary approval, and compliance with applicable provisions of the City Code. Chair Hardemon: Okay. I ask that this board -- I would ask to entertain a motion to approve Item PH. 1, 4, 5, 6, 7, and 8. Commissioner Carollo: Motion -- Chair Hardemon: I'll go again. I -- Commissioner Carollo: -- to approve. Chair Hardemon: -- 4, 5, 6, 7, 8. It's been properly moved by Commissioner Carollo; second by the Chair. Any further discussion on that motion? And that includes the amendments that were made on the record for PH. 7. Hearing none, all in favor; say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Ms. Mendez: PH 8 was also amended, Chair. Chair Hardemon: Correct. Ms. Mendez: Thank you. PH.2 RESOLUTION 3232 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "ROYAL Department of DUKE," A REPLAT IN THE CITY OF MIAMI ("CITY") OF THE Public Works 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; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-17-0593 City of Miami Page 39 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: You want to do PH.2? We have PH.2, 9 and 10. Vice Chair Russell: Whatever you'd like. Juvenal Santana: Good afternoon again. Juvenal Santana, director of Public Works. The item before you is a resolution of the Miami City Commission, accepting the final plat of Royal Duke. Commissioner Gort: I'll move it. Chair Hardemon: Been properly moved Is there a second? Commissioner Carollo: Second. Chair Hardemon: Seconded Any discussion about the issue on the floor? Any unreadiness? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. PH.3 RESOLUTION 3359 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED Department of "BATTERSEA WOODS," A REPLAT AND A SUBDIVISION IN THE Public Works CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-17-0609 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes NAYS: Hardemon City of Miami Page 40 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Note for the Record: For additional minutes referencing Item PH.3, please see "Public Comment Period for Regular Item(s). " Chair Hardemon: The December 14, 2017 Miami City Commission meeting is back in order. The last point of business that we left was the public hearing. We have PH.2, 3, 9 and 10 that have not been considered yet. What's the desire of the board? Vice Chair Russell: I'd be glad to hear PH.3. An intervenor from the situation wanted to speak separately. You were off the dais when she made the request, and she's here, so if we would hear PH. 3. Chair Hardemon: PH 3. Let's let it be introduced first; no problem. Vice Chair Russell: No, it -- the Administration will go first. Chair Hardemon: You can come on this side if you'd like; no problem. Juvenal Santana: Good afternoon, Commissioners. Juvenal Santana, Public Works director. PH.3 is a resolution of the Miami City Commission, accepting the final plat of Battersea Woods. Chair Hardemon: Before -- I do have a question of process, because, as I understand right now, this is up for us to reconsider. It's not a motion for reconsideration; it's just for us to re -- I'm trying to understand where we are with things, because I know we voted at our last meeting -- well, many meetings before. That was a decision that was made. It was appealed, and there was an agreeance to bring it back down to the City Commission. So I'm trying to understand the procedure that we're following right now, because I would have thought that if it was appealed and a decision was rendered by the -- well, the court, then maybe we make a different decision here or follow something in suit with that opinion. But, I mean, is this proper and should we be considering it this way, or should we be considering it as a whole new application for something different? Barnaby Min (Deputy City Attorney): I will defer to Mr. Rogers, who's the appellate counsel handling the matter for the City, but this has been remanded back from the Appellate Division for the City Commission's consideration of this legislation. Chair Hardemon: Okay. I -- yeah, please. Daniel Rogers: Good afternoon. Daniel Rogers. I am acting as the City's Attorney, outside counsel for the City in this matter. My interpretation of what the court did was they relinquished jurisdiction back to the City Commission for it to consider this plat application again. Based upon the agreement between the parties, I understand that there is going to be some proffers of some things that are going to come forward from the developer and from the neighbors that are going to be considered, kind of as amendments to what's going to be proposed as the plat to the City for the City Commission to approve. Chair Hardemon: But, see, that's the part that confuses me, because there was no action with the above court. All I know is that we made a decision here. It was appealed. Mr. Rogers: Correct. Chair Hardemon: Nothing happened above. And you're saying, "Hey, reconsider." But there's -- it's -- City of Miami Page 41 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mr. Rogers: We asked the -- I'm sorry, go ahead. Chair Hardemon: No, I mean, that's part of my confusion, you know. I understand how courts can remand things to be heard, et cetera, but here -- Mr. Rogers: Yeah. We specifically asked the court for it to relinquish and/or remand for this court [sic] to consider the plat application again, based upon what was going to be proffered by the parties. And so, the court granted that motion; and so, legal interpretation of that is that it's back before the City Commission to consider the application, subject to what's going to be proffered here, and then the Commission can make a decision about whether or not it wants to approve the application, based upon what's been proffered here, based upon the agreement between the intervenors and the developer. Vice Chair Russell: Thank you. And -- but is the application -- the original application before us, or is it an amended application, based on their settlement? Mr. Rogers: It's an original application that speaks -- Vice Chair Russell: So for (UNINTELLIGIBLE). Mr. Rogers: Wait, wait. It's my understanding that there's going to be a proposed amendment on the floor here today during the public hearing. Vice Chair Russell: Yeah. Chair Hardemon: And I guess that's the part that confuses me, because we're looking at an original application where there was nothing that was done with the above court. It didn't say -- it didn't remand it with instructions to find in accordance with whatever they discovered or -- it's nothing. I'm really looking at the same issue I was dealing with before, before me, except someone says, "I'll build one less house. " And I guess that's the part -- I just don't understand how it is before me. Now, if, in the end, no one appeals this decision, no one fights it, then, you know, it is what it is. But I would have thought that we're done with this until a decision is made by an Appeals Board; and then whatever the Appeals Board says, you know, that is what it is, unless you appeal it higher than that. But here, I'm just being asked to reconsider my initial vote. I'm just perplexed by it. Mr. Rogers: Your Honor, you know -- and I understand. And in this particular instance, if the court had actually entered an order quashing, they're actually -- under the law, they're not allowed to tell the City Commission exactly what to do; they're just allowed to quash the order. And so, in this particular instance, we thought that the procedure that we would follow here would be to ask the court specifically to relinquish jurisdiction for this specific reason. So the court basically was agreeing with the motion, which was to bring it back before the City Commission for it to consider this again. And -- Chair Hardemon: But that's the part that puzzles me, because they have this jurisdiction. We no longer have it once you had our vote. So by them releasing or relinquishing the jurisdiction, how does that give it back to us, for us to make a decision on facts we've already decided? Mr. Rogers: Well, it -- Your Honor, those were the application that was there. It's my understanding that there's going to be an amendment to that that's proffered here today, which would be something that is unique and different than what you voted on before. City of Miami Page 42 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Vice Chair Russell: That might change our decision, because of the amendment. The -- But it was remanded though, right? It was sent back to us? That was their action? Commissioner Gort: Yeah. Mr. Rogers: Absolutely. They -- Vice Chair Russell: To reconsider? Mr. Rogers: Yeah. The court entered an order granting the motion to relinquish jurisdiction back to the City Commission for it to consider this plat, based upon what was going to be proffered. And as I read the law, the City Commission can now act on this, based upon the amendments that are going to be proffered. It's going to be eight different factual setting and different thing that's before the City Commission than you voted on earlier. Chair Hardemon: Because the way I think about it is this: Any court is going -- most -- If you're going to relieve a court of the burden of having to hear a case -- Commissioner Gort: Right. Chair Hardemon: -- most courts are going to say, "Okay. You agree? Fine." But then what does that mean for us as the City Commission? That every time there's an appeal and then subsequent to the appeal -- because the appeal is only if someone is not happy, and then you appeal; and then, subsequent to the appeal, further negotiation with the court. Then the court relinquishes jurisdiction, and then it comes back to us. It's -- Mr. Rogers: I mean, if you analogize it to have, you know, a lower court proceeding, a trial court makes a decision, it goes up on appeal, and then the parties advise the Appellate Court that they want to go back and they want to present something a little bit different, to see if the trial court (UNINTELLIGIBLE). They relinquish jurisdiction back. They enter an amended -- you know, a decision on the amended proposal before the trial court. And then the party who was aggrieved or who had a problem then dismisses the appeal. And this is something that I'm familiar with through the court system, and as I read the law, that's something that can be done here before the City Commission. Chair Hardemon: Okay. Vice Chair Russell: Mr. Chairman, if I may? Chair Hardemon: Of course. Vice Chair Russell: So this is a long story that's coming to a close, and I think it not only has a good ending -- I hope -- but it's started a new discussion in the City, within our Legal Department and our Planning & Zoning Department, and within the community. This very simple re platting of a property brought about property rights questions and neighbors' right questions, and interpretation of our Code. In the NCD (Neighborhood Conservation District), in Coconut Grove, where we have heightened restrictions that protect our canopy, that protect building size, our Code was written in a way that it could be interpreted possibly in multiple ways, and that brought about the idea that this particular property was granted a warrant -- or was told they would not need a warrant. The warrant would have allowed the neighbors to have the ability to appeal the situation. They never had that voice; and so, this one property would have been split into five. The misinterpretation I hear often from City of Miami Page 43 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 the community is that lot -splitting is illegal, period; diminishing a lot is illegal, period. And even within our current Code and the changes that are being proposed, that's not the case. It is illegal -- it is not possible, unless by warrant. And when that warrant is granted -- and it surpasses the neighbors' appeal -- then it is allowed. And so, we voted unanimously to say that the warrant -- it should not have been brought to us on a re plat without going through a proper warrant system. It went up on appeal. The settlement that happened up there that I believe we're going to hear about today is the one that probably should have happened in the early parts of the discussion, but both sides took a gamble on where our vote would be, where this would end up, because, really, the settlement does the same exercise as the warrant. It brings all the neighbors to the table who are affected. They get to discuss with the applicant, the developer, and they came out to what they believe -- if I understand correctly -- is a reasonable solution amongst them, so that diminishing a lot is possible, basically, with working together with your neighbors through a warrant process appeal; or in this case, a settlement on an appeal of our decision. So I'm satisfied as a spirit -of -the -law guy. I certainly understand our letter of the law specialist here, who recognizes a potential process issue. But the end result, I believe, is a good one for the community; and more importantly, it has started a discussion of us revamping our entire Neighborhood Conservation District Code, which I'll be sponsoring early next year. So that's going through a public process with our Planning Department and the community; it'll go to PZAB (Planning, Zoning & Appeals Board) in February; it'll be before us, hopefully, in March and April, and we'll be able to tighten up any of these loopholes that have gotten us where we are today. So with that in mind, with the Chair's discretion, I believe the intervenor in this situation, the appellant -- no. The intervenor in our situation would like -- reserved her comments from public comment today. Chair Hardemon: Before you speak -- and I'll say, counselor, the -- When I read the resolution that's before this Commission today, it reads as if this never came before us before, which is not true. I mean, it -- we considered this before. So the resolution that I see before me is as if this was the first time I heard this, and this is not the first time I heard this. We spent a lot of time dealing with Battersea Woods. Vice Chair Russell: Sorry about that. Chair Hardemon: And I voted the way that I did regarding the issue, so I remember how I voted. So -- and this, the first thing I think to my head is, well, we've already opined on this matter, and it's just that the City Commission can now look at the facts anew, because you have new things you want to introduce. I would have thought that it has to go back through the process -- right? -- which is not something, I'm sure, that Battersea Woods -- those who support the application would like. But, you know, I don't see any mechanism, and unless someone tells me different -- and I'm asking you to -- that says that it should go in the way that you're presenting it before us right now, which is a resolution, as if it was never heard before, you know. And that's --you know, that's my trouble with it, because it's two different processes. It's more than just being heard. It's not as if, you know, it's not -- because it had to go through an application process to get here; it's not like it was just heard before us. So I would think that it would have to go through the application process again, because it's a different matter. When it was before us, would have been the perfect time to say, "Okay, we'll make four houses instead of five," right? But you didn't -- no one did that. We had to go through this whole process; there was no compromise. And then now, it's like, "Oh, but, you know, come back and we'll decide this whole thing again, " because now, you've come to a compromise. So, I mean, that's my only issue with that. I'm sure this is not going to have an issue moving forward today; I really don't think it's going to have an issue. But I just want to be clear about how I felt about, you know, what we're doing, because if -- I say this for all matters that come before Planning & Zoning, especially -- if we're going City of Miami Page 44 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 to consider this thing, and we're going to spend hours in its consideration, we don't want to come back to look at something that could have been done before we had that hours -long discussion regarding it, right? And it's not your fault, you know. You're standing here, you're the man at the lectern, and you offer the legal advice; it's certainly not your fault, but I just want that to be known for all of our applicants and those who are appellees in this matter, or appellants. So I just want to make sure that was clear on the record. Ma'am, and you're recognized. Johannah Brown: Thank you very much. I want to thank the Commission for allowing me to speak right now. I've been deeply involved in the dispute and the resolution, and I feel strongly about a few things regarding this moment. I'm an intervenor in the Circuit Court case between the City of Miami and Battersea Woods, and I support this resolution. Do I think it's ideal? No. Ideally, this never would have happened if the Code was well written and enforced properly, but this resolution is the best possible outcome to a very tricky situation. Myself and the other intervenors, the Codys, have spent a considerable amount of our time and resources trying to reach an agreement. It has taken us over a year to come to this compromise, and it is just that -- a compromise -- the hallmark of which is that no one is fully happy. We have achieved several concessions: Reduction in density and scale, restrictions in height, changes in style, and increased expenditures on landscaping; all things that speak to the intent of the NCD. The developer's negotiated in good faith and done what we've asked of him, but there will still be four houses where there once used to be one. But it's time to put this chapter behind us. Rejecting this agreement today would only serve to drag out an already excruciatingly complicated and difficult situation, so let's not squander this opportunity and take this agreement seriously. Both the developer and the neighbors feel it is a decent resolution and that it is time to move forward and begin the hard work in earnest to fix what got us here in the first place, and that's the NCD. But before we move forward, let me state clearly for the record this is by no means a rubber stamp for other developments like it, and it is by no means a tacit agreement or approval of the -- tacit approval of the interpretation of the Code that the developer argues allows him this density. It is a statement that pitting residents and the City and developers against each other, spending massive resources, arguing about poorly written Code is a waste of our collective and limited resources as a community. This approval is simply a message to the City that we, as residents, are ready for the big problems to be addressed. We have gotten engaged. We have made our statement that this type of development, increase in density, outside scale of houses, similar architectural styles, all the things that are changing the face of our neighborhood that are going against the intent of the Code and that are devaluing what makes Coconut Grove an attraction for the City of Miami are not okay. This statement -- this is a statement that it is now time for the City --for each and every one of you to show that you have heard our voices. Commissioner Russell has been working to make these changes, and we thank him for that. And I hope all of you will support him and Planning & Zoning in coming up with real reforms to the NCD that will show the residents that you've heard our voices. The City must support significant and reasonable restrictions, and allowable FAR (floor/area ratio). Language on lot -splitting must acknowledge property rights, but make lot diminishment a process that is weighted towards long-term preservation. You must support stronger restrictions for specimen trees, among other things. It's time for the City to begin to recognize the property rights of those who have chosen to live in the Grove because of the low density, heavily -canopied historical village feel. We await the coming NCD reforms from the City, and we will continue to believe that our voices are being heard. We will reject the more cynical voices that claim the invisible hand of the developers are more powerful than the residents who live here, and we will put our faith in the elected officials to do the right things. The residents of the Grove are active and engaged and will continue to be vigilant, and it is time for the City to join our efforts. We will operate on the assumption that the City City of Miami Page 45 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 wants an end as much as we do to the endless stream of residents showing up at Commission meetings, PZAB meetings, City staff meetings, spending tax dollars and your precious time, trying to be heard. We have shown today that we can be reasonable, that we can find compromise, and now we ask you to do the same. And I really appreciate your time, and Merry Christmas. Thank you. Chair Hardemon: Vice Chairman? Vice Chair Russell: Mr. Chairman, in order to accept the plat -- and I guess this is a question for City Attorney -- do we need to accept the amendments, or a proffer on this before -- In order to make account for the settlement that they've come to, are there amendments needed to be made to this resolution? Mr. Min: Again, I will defer to Mr. Rogers on that. Mr. Rogers: It's my understanding that the court relinquished this for the -- it to be considered pursuant to the amendments that are going to be proposed. You know, to the Chair's point about the fact that are you going to be voting on the exact same resolution again, or are you going to be voting on an amended resolution, the way I interpret the court's order is that it's for this court [sic] to consider it with the amendments. Vice Chair Russell: And have those amendments been proffered? Are they in our backup? Mr. Rogers: It's my understand -- Vice Chair Russell: Or are they being proffered on the floor right now? Mr. Rogers: Yeah. It's my understanding that they're -- they have been considered by -- submitted to the City staff for them to be able to consider what's going to be proffered, but that it's not part of the packet; it was going to be proffered on the floor here today. Vice Chair Russell: Okay. So are we going to -- ? Commissioner Gort: Would be additional amendments coming up on the floor, my understanding. You're going to have additional amendments coming up on the floor; is that what you're saying? Mr. Rogers: That's my understanding, yes. The applicant is going to be proffering an amendment, yes. Commissioner Gort: Okay. Vice Chair Russell: Then I guess we hear it. Chair Hardemon: Those amendments? Now, this will be an amendment, I'm assuming, to the application, no? Carlos Tosca: I'm not an attorney. Chair Hardemon: No, not you. All right. I'm just -- Mr. Tosca: And I didn't stay in a Holiday Inn Express last night. I know what we're doing, but I -- City of Miami Page 46 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: You're smart, man. Mr. Tosca: -- like I'm scared to say anything here. Would you like to like call a time out? You take over. We're doing four houses instead of five. They're going to be really nice, lots of trees. Mr. Santana: Commissioner, the plat that's being presented today is the exact plat that was presented last year. What is -- there is no amendment to the plat. What is being proffered is a unity of title where through a zoning instrument, they're going to be tying two lots together. So as far as an amendment, there is no amendment. The plat today is the same one that you saw a year and a half ago. Vice Chair Russell: So the same plat with a unity of title over two -- Mr. Santana: Correct, which is -- Vice Chair Russell: -- the effective result of which is -- Commissioner Gort: Four. Vice Chair Russell: --four instead of five. Mr. Santana: Correct. Commissioner Gort: Four instead of five. Mr. Santana: But that is not part of the platting process; that's part of a zoning process, which my understanding is that they've already begun with the City, and that's what the applicants for the plat are going to be discussing with you today. Lowell Kuvin: After reviewing it -- My name is Lowell Kuvin, and I represent the intervenors. And after reviewing the unity of title, it is my opinion as -- and as I portrayed it to my client -- that the unity of title for the two plats will remain as one single piece of property, and cannot be changed, unless it were to go through the warrant process in the future. So we're basically at exactly, I think, where you were at the last hearing on this, of which that decision was appealed. Vice Chair Russell: So it couldn't be undone? For example, they're unifying title. Let's say they build only on half of those two platted lots, unified, then they un -unify them later. Mr. Kuvin: It cannot -- Commissioner Russell, it cannot be undone, and the only way that it could be done is to come back to the City and to go through the entire warrant process, and split the plat, and then to maybe do whatever someone in the future wanted to do. However, I don't see that happening for probably -- maybe forever. I mean, they're going to build a house here, so unless someone's willing to tear down the brand-new house to then go ahead and split the plat, I don't really see that occurring. It's not a concern to my client, because they don't see that in probably the next 50 to a hundred years. Vice Chair Russell: And I'm with you, Chairman, that this is procedurally complicated. It's a work -around to fix a situation. It's a bit of a -- Mr. Kuvin: It is. The way that I would portray it a little bit is more of -- and I'm not sure if the developers would agree with this -- but I -- the way that I look at it and the way that I've explained it to my clients is almost is that the developer's acquiescing to the City's position before, with very few minor changes in it. And so, basically, City of Miami Page 47 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 they're back here saying, "We could continue the appeal, we could continue going on in the appellate court," where they may win, or they may not win. However, they've come back with concessions, basically, for the City. And then, the City would say yes" or "no. " Vice Chair Russell: Certainly. I'm prepared to make a motion, as long as I have full understanding from my City Attorney and the Administration that the -- that this motion encompasses the unity of title so that we don't move one without the other,- that ther;that they are going together. Mr. Min: My suggestion is the legislation should be modified to include that language. Vice Chair Russell: Okay. So then we'll -- I'll make a motion with an amendment to accept the proffer of the applicant to unify title of the remaining two lots, and that's my motion; that we move forward with the replat. Mr. Min: Mr. Chair, I'm sorry. I believe Mr. Santana and Mr. Rogers wanted additional modifications concerning clarity that this item is relinquished from the court. Did you want that "whereas" clause added? Mr. Santana: In the "whereas" clause of the resolution, we're going to be adding a modification, adding the reference to the court order, which is already included in the agenda summary form as part of the background. Chair Hardemon: So your motion will need to include that. Vice Chair Russell: Yes, please. Chair Hardemon: It was moved. Is there a second? Commissioner Carollo: Second. Chair Hardemon: Properly been -- Commissioner Gort: Second. Chair Hardemon: -- seconded. Any discussion about it? All in favor of the motion, say "aye. " Commissioner Gort: Aye. Vice Chair Russell: Aye. Commissioner Carollo: Aye. Commissioner Reyes: Aye. Chair Hardemon: All against? Please note one against. Motion passes. Commissioner Gort: I think they want to know what happened. Chair Hardemon: Huh? Commissioner Gort: They want to know what happened. Chair Hardemon: Oh. It passes. City of Miami Page 48 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Vice Chair Russell: It passed. Chair Hardemon: Whatever you guys agreed to, if no one appeals it, then it'll be fine. Mr. Tosca: Fine. Thank you -- Chair Hardemon: You're very welcome. Mr. Tosca: -- for bringing it back and giving us a chance to continue our project, which I think the neighbors are happy with, and we're very happy. Everybody has worked pretty hard to get us to this point. Commissioner Russell and his team, Rebecca Wakefield in particular, has worked really hard, and both neighbors, the Codys and the other -- all the neighbors really have been very, very good, so thank you very much, sir. Chair Hardemon: Can you state your name again for the record? Mr. Tosca: Carlos Tosca. Chair Hardemon: Thank you very much. PHA RESOLUTION 3251 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR-FIFTHS (4/5TNS) AFFIRMATIVE Parks and VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, Recreation APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE TRUST FOR PUBLIC LAND, A FOREIGN NOT FOR PROFIT CORPORATION ("TRUST"), AT AN ESTIMATED VALUE OF $120,000.00, IN THE FORM OF OUTDOOR FITNESS EQUIPMENT AT JOSE MARTI PARK, A CITY -OWNED PROPERTY LOCATED AT 351 SOUTHWEST 4TH AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR ACCEPTANCE OF FITNESS ZONE EQUIPMENT AND THE RIGHT OF ENTRY PERMIT AND LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE TRUST, AND ANY AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID DONATION. ENACTMENT NUMBER: R-17-0603 City of Miami Page 49 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. For minutes referencing Item PH.4, please see "Public Comment Period for Regular Item(s) " and Item PH.]. PH.5 RESOLUTION 3179 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Procurement VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE AYES: CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ABSENT: ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS ATTACHMENT "A"; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF MAINTENANCE AND REPAIR SERVICES OF AIRHAWK EXHAUST REMOVAL SYSTEMS ("AIRHAWK EXHAUST SYSTEM") FOR THE DEPARTMENT OF FIRE -RESCUE ("FIRE") FROM GARRISON MECHANICAL SERVICE CORPORATION ("GARRISON"); ALLOCATING FUNDS FROM FIRE GENERAL OPERATING FUND, ACCOUNT NO. 00001.184010.546000; AUTHORIZING THE CITY MANAGER TO EXECUTE THE MAINTENANCE CONTRACT AND ADDENDUM, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE MAINTENANCE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0604 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. For minutes referencing Item PH. 5, please see Item PH.]. City ofMiarni Page 50 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 PH.6 RESOLUTION 3065 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), RATIFYING, APPROVING, AND CONFIRMING, Information THE FINDINGS, UNDERTAKINGS, AND DETERMINATIONS OF Technology THE CITY MANAGER, ATTACHED AND INCORPORATED AS ABSENT: ATTACHMENT A, AND THE NECESSARY CITY DEPARTMENTS REGARDING THE NECESSITY OF UPGRADING THE CITY OF MIAMI'S ("CITY") ETHERNET CAPACITY AND SERVICES AND WAIVING COMPETITIVE BIDDING BY AN AFFIRMATIVE FOUR- FIFTHS (4/5THS) VOTE, AFTER A DULY NOTICED PUBLIC HEARING, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, AS AMENDED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE, EXECUTE, AND RENEW, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR A ONE (1) YEAR PERIOD AND EXPAND NECESSARY SERVICES UNDER THE CITY'S AGREEMENT WITH AT&T FOR METRO ETHERNET SERVICES ("AT&T METRO ETHERNET AGREEMENT") BY AN ADDENDUM THERETO ("ADDENDUM") INCREASING THE ANNUAL CONTRACT CAPACITY BY AN ANNUAL AMOUNT NOT TO EXCEED $168,000.00, THEREBY INCREASING THE TOTAL ANNUAL CONTRACT CAPACITY FROM AN AMOUNT NOT TO EXCEED $432,000.00 TO AN AMOUNT NOT TO EXCEED $600,000.00, TO ALIGN WITH HISTORICAL USAGE AND ANTICIPATED FUTURE UPGRADED CAPACITY AND RELATED EXPENDITURES, AS STATED HEREIN FOR ETHERNET SERVICES CITYWIDE PURSUANT TO THE AT&T METRO ETHERNET AGREEMENT; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO RENEW, EXTEND, MODIFY, OR AMEND, THE AT&T METRO ETHERNET AGREEMENT AND THE ADDENDUM FOR THE SAME NOT TO EXCEED CONTRACT AMOUNT FOR AN ADDITIONAL ONE (1) YEAR PERIOD, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-17-0605 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record: For minutes referencing Item PH.6, please see Item PH.]. City ofMiarni Page 51 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 PH.7 RESOLUTION 3078 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - Office of FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED Resilience and PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING Sustainability THE CITY MANAGER'S RECOMMENDATION AND WRITTEN ABSENT: FINDINGS, ATTACHED AND INCORPORATED AS ATTACHMENT "A," PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI FOR PURPOSES OF ACCEPTING THE DONATION OF APPROXIMATELY $180,000.00 ("GIFT"), $120,000.00 IN IN-KIND SERVICES, AND $60,000.00 IN MONETARY FUNDS FROM THE VAN ALEN INSTITUTE, A NEW YORK CITY 501(C)(3), NOT FOR PROFIT ORGANIZATION ("VAI"), TO BE USED FOR THE DESIGN DEVELOPMENT PHASE OF A NEW GENERAL PLAN FOR JOSE MARTI PARK ("PARK") TAKING INTO CONSIDERATION THE INCREASING FLOOD RISKS ASSOCIATED WITH SEA LEVEL RISE, THE UNIQUE CULTURAL HERITAGE OF LITTLE HAVANA, THE INCREASING USE RELATED TO DEVELOPMENTS SURROUNDING THE PARK, AND CONSIDERING PARKING, TRANSPORTATION, AND ACCESS ISSUES, AUTHORIZING THE CITY MANAGER TO EXECUTE A GIFT AGREEMENT BETWEEN THE CITY OF MIAMI AND VAI, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AMENDMENTS AND MODIFICATIONS TO THE GIFT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0606 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record: For minutes referencing Item PH. 7, please see Item PH.]. City ofMiarni Page 52 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 PH.8 RESOLUTION 3271 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE and Mayor VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, AYES: APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ABSENT: ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT Note for the Reeord: For minutes refereneing Item PK8, please see Item PH.]. COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED $30,000.00 TO PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY, INC. ("P.U.L.S.E."), A FLORIDA NOT FOR PROFIT CORPORATION, TO SUPPORT P.U.L.S.E.'S YOUTH LEADERSHIP ACADEMY THAT PROVIDES LOCAL YOUTH WITH LEADERSHIP TRAINING SKILLS TO BECOME EFFECTIVE LEADERS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0607 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Reeord: For minutes refereneing Item PK8, please see Item PH.]. City ofMiarni Page 53 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 PH.9 RESOLUTION 3330 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE and Mayor VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 2 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00) TO THELMA GIBSON HEALTH INITIATIVE, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, FOR THE ORGANIZATION'S MODEL PROGRAM INVOLVING HEALTH AND SOCIAL SERVICES SUPPORT, LIFE SKILLS AND SOCIAL SKILLS DEVELOPMENT, AND MONEY MANAGEMENT SKILLS NECESSARY FOR AFFORDABLE HOUSING RESIDENTS AND THOSE AT -RISK RESIDENTS IN VARIOUS CITY COMMUNITIES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0610 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For additional minutes referencing Item PH. 9, please see "Public Comment Period for Regular Item (s). " Chair Hardemon: You want to do PK9 and 10 separately? Vice Chair Russell: Yes, please. Chair Hardemon: PH. 9, Thelma Gibson Health Initiative. Vice Chair Russell: This is Mr. Mensah or --? Chair Hardemon: Probably yours, more than anything. Vice Chair Russell: Well, it's my allocation. Chair Hardemon: Because it's (UNINTELLIGIBLE)? Vice Chair Russell: It's my allocation and it's probably -- PH 10 is the Mayor's. City ofMiarni Page 54 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Daniel J. Alfonso (City Manager): Yeah. PH9 is an allocation from the Anti - Poverty funds fi^om Commissioner Russell's office for the Thelma Gibson Health Initiative. It's an allocation of $50, 000, and it requires a four-fifths approval. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: Thank you very much. The Thelma Gibson Health Initiative has really led the charge in finding holistic ways to build the community in Coconut Grove Village West, where they recognize the problem primarily is housing availability and stock, but far beyond that, there is a personal need of education and implementation wraparound program for the community. They've also been very helpful with its in emergency relocation of those being evicted 50,000 to their program is going to be very helpful to the Coconut Grove, and just the beginning of what we intend to do, so I'd like to move the item. Commissioner Gort: Second. Chair Hardemon: It's been properly moved. Commissioner Reyes: Second Chair Hardemon: Seconded by Commissioner Reyes. Any discussion regarding the item? Hearing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. PH.10 RESOLUTION 3373 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), BY A FOUR-FIFTHS (4/5TNS) AFFIRMATIVE and Mayor VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED $25,000.00 TO COLLABORATIVE DEVELOPMENT CORPORATION ("CDC"), A FLORIDA NOT FOR PROFIT CORPORATION, TO SUPPORT CDC'S KROMA ART SPACE & STUDIOS INITIATIVE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0611 City of Miami Page 55 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For additional minutes referencing Item PH.10, please see "Public Comment Period for Regular Item(s). " Chair Hardemon: PH. 10. Mr. Manager? Daniel J. Alfonso (City Manager): Okay. PH 10 is another Anti -Poverty Initiative allocation. This one is from Mayor Francis Suarez. It is for the Collaborative Development Corporation, CDC. The Mayor is proffering it. Do you want to --? Mayor Francis Suarez: Thank you, Mr. Chair. Yeah. Commissioner Gort: Move it. Mayor Suarez: Thankyou. Chair Hardemon: It's been properly moved. Vice Chair Russell: I'll second it. Chair Hardemon: Seconded by the Vice Chairman. Any discussion regarding the item? Any unreadiness? Hearing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. END OF PUBLIC HEARINGS City of Miami Page 56 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 M:II&I*K91kiloil NN0I]1►[eye]NI]IkgWkiIs] *I SRA ORDINANCE Second Reading 1374 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of Zoning CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED ALCOHOLIC BEVERAGES", BY REPEALING SECTIONS 4-1 THROUGH 4-76 IN THEIR ENTIRETY AND REPLACING THEM WITH NEW SECTIONS 4-1 THROUGH 4- 11, MORE PARTICULARLY BY ADDING DEFINITIONS; PROVIDING FOR HOURS OF SALES; PROVIDING FOR AN APPROVAL PROCESS; PROHIBITING MINGLING; PROHIBITING ALCOHOL SALES DURING EMERGENCIES; PROVIDING REGULATIONS AND EXCEPTIONS TO DISTANCE SEPARATION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Notes for the Record. Item SR.] was continued to the January 11, 2018 Regular Commission Meeting. Note for the Record. A motion was made by Commissioner Carollo, seconded by Chair Hardemon, and was passed unanimously, directing the City Manager and City Attorney to Amend SR.1 with the following changes: Hours of Operation Sec 4-3: Liquor Packaze Stores Mon — Sun 9 AM (Opening Hours) Convenience Stores Mon —Sun HAM-10PM Specialty District Sec 4-5: 8" Street Specialty District Remove Capacity ("CAP") Total of 25 (Note: To be discussed and determined by District 3 Commissioner) NW 7h Ave Specialty District Replace name w/Liberty City Specialty District Flazler Specialty District Remove CAP Total of 40 /No CAP as per PZAB recommendation For additional minutes referencing Item SR.], please see "Public Comment Period for Regular Item(s). " City of Miami Page 57 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Madam City Attorney, can you read SR.1 into the record, please? The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Okay. I know there were some amendments that needed to be presented. I don't know if you -- they've been supplemented -- Commissioner Reyes: Yeah. Chair Hardemon: -- in the record or not, or if that's something you need to discuss on the record. You are recognized, Mr. Cejas. Devin Cejas: Yes, sir; to be discussed on the record and to be circulated. Devin Cejas, Zoning administrator/director for the City of Miami. (UNINTELLIGIBLE) proceed with stating the minor amendments into the record -- that is not the printed version before you -- minor amendments to reinstate some significant items that exist today for enforcement purposes, and address hours of operation for the commencement of sales or consumption of alcohol beverages on premises. First item is to reinstate and amend the existing nightclub uses and licenses language that clarifies and specifically defines "use" for enforcement purposes, and reinstates the opening hours for nightclubs, which are 7 p.m.; reinstate the CU (certificate of use) revocation process related to alcohol-related uses; amend opening hours for alcohol service establishments and cafes only from 11 a. in. to 11 a. in. [sic]; closing hours are not affected; Park West remains 24 hours. And strike through the term, "residential uses" from hours that it only pertains to lodging in the section of specified uses. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: Thank you. Commissioner Gort, you had a question? Commissioner Gort: No, go ahead, go ahead. Vice Chair Russell: These recent changes you said will help alleviate some of the concerns that were brought up, at least in the Central Business District and the Flagler area, with regard to the caps and warrants discussion that we were having and -- is that correct? Mr. Cejas: That is correct. Vice Chair Russell: Because during first reading, we had discussed the -- going against Planning & Zoning's recommendation, but I believe if this is the case, if this is a good remedy for that, I would be comfortable going back to Planning & Zoning's recommendation with regard to caps and warrants. Mr. Cejas: Okay. So if I hear that -- Vice Chair Russell: Right. So that would need a slight amendment to the current language that's in here? Mr. Cejas: Right. The current language, which was not amended from first reading, was what was stated and voted on here, which was the removal of the warrant process for the alcohol service establishments located within the Flagler District, but implementing a cap of 40. City of Miami Page 58 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Vice Chair Russell: Right. Mr. Cejas: That was presented to PZAB (Planning, Zoning & Appeals Board) per the direction of this Commission, and that was approved unanimously by PLO, but with a caveat of also removing the -- Vice Chair Russell: The cap. Mr. Cejas: -- cap total of 40. Vice Chair Russell: Right. So I would like that on second reading that our version honor what PZAB was recommending in that change from first reading. Does that make sense? Mr. Cejas: It does. So -- Commissioner Gort: Mr. Chairman? Chair Hardemon: Mr. -- Commissioner Gort: The other thing I would look at is the liquor package stores. The -- it starts from 1 o'clock, and I'd like to see it at 9 o'clock, because the reason being, in Coral Gables, right across from 37th Avenue from the City of Miami, they can cross there and buy it. At 9 o'clock would be a good time for this, for liquor package stores. I'd like to see it changed to 9 o'clock, opening on Sunday. Mr. Cejas: For Sundays? Commissioner Gort: Yeah. Mr. Cejas: We'll make that -- we'll go ahead and make that change. And for the rest of the week -- Commissioner Gort: Everything's fine. Mr. Cejas: -- it's still 7 a.m.? Commissioner Reyes: Excuse me. Can I make a recommendation of that item? I've been thinking about it, and I agree with Commissioner Gort that opening on Sunday, I remember that old -- that is an old legislation from since I came from Cuba in 1959, you know. I've seen it. Commissioner Gort: 1940. Commissioner Reyes: Well, that was before I was born. I'm old, but not that old. Commissioner Gort: No, I'm telling you -- Commissioner Reyes: That was before my time, but I remember. But it is -- the truth of the matter is that now, as it is, you can go to Coral Gables. I mean, you just cross one street and you can purchase alcohol before I o'clock. And I think that also -- I don't know, but I think that you start selling at 7 o'clock, it's also a little bit too early. Why don't we -- it's just a suggestion. Why don't we do -- we start at 9 o'clock every day, you see and -- across the board -- and then we take it from there, you see? And that way, if a game, as the gentleman expressed, is going on, but they have enough time to come and purchase alcohol item. City of Miami Page 59 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mr. Cejas: Okay. And this is at it pertains to liquor package stores only? Commissioner Reyes: Liquor package stores only. Mr. Cejas: Okay. So it's a uniform opening -- Commissioner Reyes: Opening hours. Mr. Cejas: -- hours of operation at 9 a.m. Commissioner Reyes: 9 o'clock, 9 a.m. in the morning. You agree with that, Mr. Gort? Commissioner Gort: If it -- Commissioner Carollo: No. Commissioner Gort: -- does not affect the business, I don't have any problem. Vice Chair Russell: I would accept that amendment, too. Commissioner Reyes: You accept that amendment, too? Vice Chair Russell: Have we made a motion yet? Is there a motion on the floor? Commissioner Carollo: Mr. Chairman? Chair Hardemon: We have not made a motion as yet. Victoria Mendez (City Attorney): Wait. I just wanted to -- I'm sorry. I wanted to clarify something. So we're changing it from an opening of 7 a.m. to an opening of 9 a.m. -- Commissioner Reyes: (UNINTELLIGIBLE) 9 a.m. Ms. Mendez: -- during the week. Mr. Cejas: Monday through Saturday. Commissioner Reyes: During the week and Sundays. Ms. Mendez: I think that that -- Commissioner Gort: Sundays. Ms. Mendez: -- on Sundays, but not during the week. The week -- during the week, itwill remain 7 a.m.? Mr. Cejas: What -- Commissioner Reyes: No, no. I thought that -- I made a --just a suggestion. Why don't we open our liquor -- that's only for liquor stores. Mr. Cejas: Correct. Commissioner Reyes: They will open at 9 o'clock every day, and that is -- City of Miami Page 60 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Ms. Mendez: I -- Commissioner Reyes: -- the opening time for the liquor stores. Ms. Mendez: Right. If it is diminishing their hours of operation, I don't think we have given enough notice, unfortunately, in this legislation -- Commissioner Reyes: Okay. Ms. Mendez: -- to do that. We can -- Vice Chair Russell: Let's do Sundays. Commissioner Reyes: A point well taken. Commissioner Gort: Let me tell you the -- Commissioner Reyes: Yes. Commissioner Gort: -- problem with that. You got all the businesses that can sell at 7 o'clock, so it'd be a disadvantage to put that on the package stores. Commissioner Reyes: Then let's start in the City of Miami at 9 o'clock. Chair Hardemon: Listen, I'll be very clear. I want to diminish the hours of convenience stores' -- Commissioner Reyes: Yeah. Chair Hardemon: -- ability to sell liquor. We have lots of crimes that happen -- Commissioner Reyes: Absolutely. Chair Hardemon: -- in and around convenience stores in my district. And if not -- but for the sale of cheap wine, if you will, or beer, I don't believe that many of them would have a purpose of being there; drugs, too, but, you know, that's for the police, for us to help tackle. But as far as us being able to legislate, I want to see convenience stores not be able to sell liquor after a certain hour. And so, if that is the crux of things, I mean, I want that to be known immediately. Mr. Cejas: Yeah. If I may, for clarification, convenience stores are only permitted to sell beer and wine. It's a separate use of that -- Commissioner Reyes: Yes. Mr. Cejas: -- of a package liquor store; where today, convenience stores which are ancillary to a grocer, if you will, is allowed to sell alcohol for consumption off premises up until 3 a.m. So I believe your -- Chair Hardemon: Yeah, because, see, for instance -- Mr. Cejas: -- impulse is to reduce it to 11 or 10? Chair Hardemon: Right. So we don't have a problem with the people loitering around 7 -Elevens, drinking, you know, beer. Commissioner Reyes: MD (Mad Dog) 20/20. City of Miami Page 61 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: We have a problem with people loitering around convenience stores -- Commissioner Reyes: Yes. Chair Hardemon: -- at 12, 1 o'clock in the morning, 2 o'clock in the morning, drinking alcoholic beverages. And I understand that as long as the store is open, which is typically until -- well into 3 a.m., today they still have that right to do that. They have the right to sell the liquor. It's up to the police to stop someone from consuming alcohol, and it's a tough crime, because no one wants to really -- It's one of those things where if you disperse people who are doing that type of activity, you have least -- it's less likely that they're going to find themselves victims to a crime or participate in a crime at that store. However, you know, people loiter around convenience stores; that's just the truth of the matter. And so, I don't want to find ourselves where we find our residents in a situation where they're arrested for a crime and it gets dismissed in court, because no one's going to prosecute someone who had an open container, consuming liquor in our municipal courts; it's just not going to happen. However, as a city, we can hold a facility, a business responsible for selling liquor after certain hours. I think that's something that we're readily capable of doing, and that's something I want to see done in my community. Ms. Mendez: Chairman, is there any way that, with regard to the legislating of the lesser hours, we can bring that back as a separate item? The Sunday -- Mr. Cejas: (UNINTELLIGIBLE). Ms. Mendez: -- expansion of -- the Sunday expansion is fine, but it's -- unfortunately, it's a notice issue with regard to we're limiting businesses on their hours of operation if -- and we haven't properly advised them. Chair Hardemon: No, I understand that. Look, I know everyone wants to get this thing done rather quickly. A lot ofpeople have interest in it. And it's not as if this is being kicked down the road. I mean, this is something that we're discussing. I have residents that have actually wrote me emails about this very topic. And if any of you drive through some of my neighborhoods during that time of the hour, you'll see exactly what I'm talking about; people complaining about convenience stores. And I'm a kid that grew up down the street from a convenience store, so I know what I'm talking about. I live down the street today from a convenience store. So, you know, I understand what's happening. And so, this is something I really want to be able -- I want to see done, and -- Commissioner Carollo: Mr. Chairman, you're absolutely correct. What -- Chair Hardemon: Yes. Commissioner Carollo: -- you're saying here is the truth that's affecting all of our communities, because my philosophy is what happens in one area of Miami -- Commissioner Reyes: Affect the other one. Commissioner Carollo: -- is going to affect all of us. And I'm with you on that; that should be curtailed. I'll be willing to second whatever motion you would like to make on that. But further, let me go into the other side of the tracks in Little Havana, 8th Street. That's becoming a major tourist area, but there's not a lot for them to see. They get brought there. When they get there, after they take a few pictures of a few roosters and what have you, there's not a lot there. And I'm truly City of Miami Page 62 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 afraid that the word is going to get out that they're getting taken; that, you know, there's nothing to see, and that's going to hurt us in the future. We need to bring in new restaurants, new places that attract people to make them stay there, not for half hour. One of my other problems with this ordinance is that while on Flagler -- and Flagler's got a whole different area of needs, and I understand that; that it's kind of - - as many license as you want in the area between 27th Avenue and 8th Street and all the way down to the expressway, that has very few license issued. You haven't increased the license much, so I have a problem with that, too, that I want to revisit it and, you know, put a cap at a reasonable amount into the future where we don't end up just having a handful of people controlling license again -- Commissioner Reyes: Yep. Commissioner Carollo: -- and we have to come back to this issue in a very short time. So that's my other issue, besides the one the Chairman brought that is right on target. Chair Hardemon: Commissioner Gort. Commissioner Gort: We been working for quite a bit now, because one of the biggest problem we also have, you have these little cafe -- Commissioner Reyes: Yes. Commissioner Gort: -- it's supposed to be a little cafe for coffee and lunch, and all that. But the -- on the weekends, they become nightclubs, and this is something where Code Enforcement have to come in at the same time. It's important to people to understand that part of this ordinance, those establishments can be audit by us, because there's certain amount of food you have to sell, a percentage of food, according to alcohol, so we have to make sure the enforcement takes place. This is important. Chair Hardemon: So what I -- Commissioner Reyes: It is quite important that enforcement takes place, because, as you well know, and everybody here that goes around Flagler Street, or in Allapattah and in Little Havana, there are a lot of those cafes that they act as restaurant, but they are bars and other activities take place besides that. I know we want to close up those as much -- as fast as we can, and we need the legal backing to do it. Commissioner Carollo: Well, it's like I asked the Manager in my first meeting with him before I even got sworn in, "How many blind Code Enforcement officers do we have?" And he kind of got back -taken a little bit. And he challenged me just to show him one place, one place. And I didn't want to get into it, because the list was long. I said, "Hey, if you walk down 8th Street, you ain't gonna walk more than 20 feet before you could" -- Commissioner Reyes: Or Flagler. Commissioner Carollo: -- "running into Code Enforcement violations and building violations that shouldn't be there. " So he finally got one place out of me, and he had to shut it down; an illegal restaurant. Now, the people that did it -- boy, I met them recently. It's a young couple, really nice people. It breaks my heart. They got sold, you know, a bad bill of goods on what they could do or not. But what I can't understand is why did we let this go on for so long? And I'm seeing it everywhere. So what my colleagues are saying is a reality. If we don't have Code enforcement, City of Miami Page 63 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 we could approve anything we want in the City, you know, and it'll be the Law of the West. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: The changes you're suggesting, would they be wrapped into this second reading, or would it be -- would we be able to pass this and bring a separate ordinance changing that issue? Chair Hardemon: I mean -- Commissioner Gort: This is second reading. Vice Chair Russell: I know. This is second reading, so I'm asking if we can wrap in what you're asking and pass this today, or do we -- are we looking to defer this or pass this as is, and bring an extra -- a separate ordinance with regard to the changes that you'd like? Chair Hardemon: I'll say this: The changes that I require on this document would require us to make -- to pass this on our next hearing, so we couldn't pass it today with the changes being made, because the City Attorney is telling us that we're restricting or reducing some rights; and so, there needs to be some notice. If I did bring it as an amend -- as a separate item, it's going to be two readings for that item, if not more, because the City Attorney's Office is going to have to write -- you know - - write the item, which, you know, could or could not take a significant amount of time. And so, what I'd like to do is -- There are some changes that we want to make generally to this. Let's in the motion state those changes on the record so that those changes can be made, and we could bring this back for the next hearing to vote upon. Vice Chair Russell: Thank you. In that case -- and not to open a totally separate can of beer -- but miniature sales, single -unit miniature sales, the small airline bottles, this would fall under this ordinance, and I'm really -- I've asked the City Attorney to see whether there's, "A, "precedent; or "B," legal ability for us to restrict miniature sales, because it's a big problem on the streets. And if you live in an area of downtown or in the core, nobody's buying a single miniature to take home to make a cocktail. Chair Hardemon: They buy it to sneak it into the club. You haven't been out in a long time. The women take it -- Vice Chair Russell: I'm getting old, I'm getting old. Chair Hardemon: -- they put it in their purse and they take it into the club. Vice Chair Russell: But if we have the ability to restrict that, I believe it would alleviate a lot of the quality of life issues we have on the streets and the cleanliness issues that we have on the streets, but I don't know where we stand legally on that, Madam City Attorney. Ms. Mendez: We did some research, and we're pre-empted from doing that. Vice Chair Russell: We cannot do that. All right. I will not be adding that amendment. City of Miami Page 64 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: So what I'd like to do -- I know that Commissioner Gort -- and I want you to say on the record what -- your changes that you would like to see. So let's be clear about what changes that we want, and then once we have on the record all those changes, let's make a motion to defer this to the next -- yeah, defer it to the next meeting, with those changes to be included with the notice to be put out that we're making these changes so we can come to a vote on that day, and then we'll see the representatives from the different stores here at that meeting. Commissioner Gort, you want to go first? You want to repeat the items that you want to make changes to? I know you had about liquor package. Commissioner Gort: That's the hours for the liquor package store. Chair Hardemon: The hours for the liquor package stores, they're going -- Commissioner Gort: On Sunday from I o'clock to 9 o'clock in the morning. Chair Hardemon: Got that, Mr. Cejas? Okay. Was there another change? Commissioner Carollo: Yes. On 8th Street, I'd like to increase the number of licenses that you're talking about giving. The increase I felt was not high enough, so I'd like to have a discussion on that before you bring it back to see -- Chair Hardemon: Well, how many --is there a number that you would like? Would you like to double it? Commissioner Carollo: I don't know what the number is, Mr. Chairman. I'd like to speak to them first and get their feedback. Chair Hardemon: Okay. Mr. Cejas: If you'd like to know the number, I can pass that along right now so you have an understanding, and obviously, I'm available to -- happy to discuss this with you. Commissioner Carollo: Well, I don't want to hold up the whole day as a district issue. So -- Mr. Cejas: Okay. Commissioner Carollo: -- since we have to bring this back anyway, we could sit, go over it, and I'll hear your reason why and I'll give you mine, and maybe we could find some common ground there. Last but not least, on the Flagler area -- The area downtown is one area that is very different. We want to have a lively downtown, not a dead downtown. So I know it's different, but what I'd like to see, if we could speak to some of the stakeholders there and if they could come with a number that they feel comfortable with, instead of just having a blanket "as many as you want. " I'm not saying that, you know, I will vote against it if that doesn't happen, but I prefer if we have a fixed number, that we know what we're all dealing with when it's brought back, if that's possible. Vice Chair Russell: Mr. Chairman? So that was actually the amendment I mentioned first, and I was notified that I wasn't very clear on it. Commissioner Carollo: Okay. Vice Chair Russell: That after a lot of discussion --because I started in a position of looking for caps, and we discussed this with the neighbors. I believe that the Zoning City of Miami Page 65 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 administrator/director -- is that the right title? The Zoning administrator/director's recent changes help alleviate some of the issues that we're looking at downtown to where I would be comfortable removing the cap issue, because I was the one who actually implemented the 40 number -- Mr. Cejas: Correct. Vice Chair Russell: --and I recognize the ability for a small group to actually hoard up those applications, hold up the system. If we're trying to get a vibrant downtown, I really do have to trust in the stakeholders that they're not trying to run it into the ground with a party zone that's just going to turn into garbage. Commissioner Carollo: Yeah. Vice Chair Russell: I believe there's a good plan there amongst the stakeholders. We can always change it if it looks like it's not heading that direction. But based on your recommendation and the changes you've mentioned, I'm comfortable removing the cap system from the downtown core of the Flagler Entertainment District there. Mr. Cejas: And that's in tandem with the hours change of commencement of -- Vice Chair Russell: Right. Mr. Cejas: -- alcohol service establishments only from 7 a.m. to 11 a.m. Vice Chair Russell: Everything that you mentioned, but that might be in opposition - - opposite to what you were just mentioning, so. Commissioner Carollo: Not really, Commissioner. What I am saying is that if the stakeholders could come with a number as liberal as it could be, I would prefer to have a liberal high number than have no number at all. But I'm not saying that I will oppose it if we don't have a number. I'm just saying that I would prefer, if it's possible, to come with a number, a high number so that at least we all know what we're dealing with each area, that's all. Vice Chair Russell: Understood. Commissioner Reyes: Just so that, I mean, to understand, Commissioner Gort, are you recommending that the liquor store open at I o'clock in the afternoon or at 9 o'clock? Commissioner Gort: No -- Commissioner Reyes: Change it? Ms. Mendez: 9 a.m. Commissioner Gort: Right now, (UNINTELLIGIBLE); 9 a.m. Commissioner Reyes: Okay. And Commissioner Carollo, from what I understand, what you want to do is you want to cap the numbers of those liquor licenses; that they are given to people that open up in Flagler Street and 8th Street and all that? Commissioner Carollo: Well, in -- Commissioner Reyes: No, I just want to clam it and see -- City of Miami Page 66 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Carollo: -- 8th Street, I want to increase them, because there's very few. Commissioner Reyes: Fantastic. Commissioner Carollo: You know, in other words -- Commissioner Reyes: From 8th Street from -- Commissioner Carollo: Yeah. Commissioner Reyes: -- certain area to certain area -- Commissioner Carollo: Yeah. Commissioner Reyes: -- I mean, from 17th to 12th. Commissioner Carollo: We're going to two extremes. In Flagler, there are no limits. In 8th Street, you know, we increased it just a little bit -- Commissioner Reyes: No. Commissioner Carollo: -- not enough -- Commissioner Reyes: Okay, okay. Commissioner Carollo: -- because it's a huge area. Compared to the few blocks on Flagler, 8th Street, you're going from 27th to 4th Avenue or past 4th Avenue. Commissioner Gort: Yeah. Commissioner Carollo: So it's a huge area and you just have a handful of license now -- 15 -- and it's being increased by not that much more for such a big area, so there, I want to increase it. In Flagler, you know, what Commissioner Russell said, I think is right, and that's my concern, also, in 8th Street, that you don't get a handful ofpeople that control everything. Commissioner Reyes: Yes. Commissioner Carollo: And we don't want that happening in Flagler, either. But what I'm saying is that what I prefer in Flagler -- I'm not saying that I would vote against it if we don't have it, because that's an area that we got to do whatever we can to bring it alive at night. If we can meet with the stakeholders and they could come up with a high number, but a number they could feel comfortable with, that I would prefer to have a number assigned to it than no number. That's all that I'm saying; what I prefer, not necessarily what I would vote against. Commissioner Reyes: Yeah. But I want to -- but what I want to make clear is that Flagler is -- when you refer to Flagler, you say, Flagler, downtown Miami. Commissioner Carollo: Oh, yeah, downtown, that's what we're talking about. Commissioner Reyes: That's right, that's right, because I want to make clear that -- Commissioner Carollo: Yours is a different story. Commissioner Reyes: Okay. Yes, there are -- City of Miami Page 67 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Carollo: I'm sorry. Commissioner Reyes: -- I don't want you talking about 8th Street. We're talking about certain -- Commissioner Carollo: Exactly. Commissioner Reyes: -- area of 8th Street. Commissioner Carollo: Yeah. We're not talking about -- Commissioner Reyes: Its a specific geographical area. Commissioner Gort: Exactly. Commissioner Carollo: -- Flagler and Little Havana. Commissioner Reyes: That's right, and Flagler -- Commissioner Carollo: We're not talking about Flagler in District 4. Commissioner Reyes: In District 4 and all that. Commissioner Carollo: A few blocks in downtown. Commissioner Reyes: That's right, yeah. Commissioner Carollo: From the other side of the river -- Commissioner Reyes: Yes, that's right. Commissioner Carollo: -- to Biscayne. Commissioner Reyes: You see, because -- Commissioner Carollo: In 8th Street, we're talking about my side of 27th, which is what they're talking about, all the way down past the expressway -- Commissioner Reyes: Okay. Commissioner Carollo: -- in District 3. You have different requirements and different needs on the other side of 27th and 8th Street. Commissioner Reyes: That's right. And even Flagler, between 27th -- I mean, going east on 27th, there's a lot of little -- those little cafes or little restaurant that they act as restaurants. They are not. And I would love to -- I mean to have some sort of -- I don't know. We have to strengthen -- Mr. Cejas: Right. Commissioner Reyes: -- the zoning or -- zoning or whatever permitting that we have to have there, because it is almost impossible. Sometimes at night, you see a lot of people that walk in and walk out, and all kinds of activities are taking place in those little so-called cafes. So regulations have to be strengthened so they have to serve so much food, or whatever type of regulation we have to do in order to get rid of them. City of Miami Page 68 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Carollo: Commissioner -- if I may, Mr. Chairman? We do have the regulations. The problem is we have -- Commissioner Reyes: Not enforcement. Commissioner Carollo: -- no enforcement. Commissioner Reyes: Okay. Well, we have to enforce it. Commissioner Carollo: And I'm glad that you and Commissioner Gort are bringing this up, because I'm seeing too much of this. I will tell you, back 16 years ago, when I was Mayor, I would go out until 3, 4, S in the morning sometimes. We created a task force, and I became a real unpopular guy with some of these places, because we would shut them down. We'd bring in the Feds to go along with us, Building, Zoning, Code Enforcement, Fire, everybody. And we started closing them all down, and we did close them down. And I'm glad that when the next Mayor came in, he kept it up, and we won the battle. But they're back again. Somehow, they're back. Mr. Cejas: If I may? And you're absolutely correct. A little history for the -- what has taken place in the last two years, we've been working very closely with DI and the other district Commissioners with exactly those issues, and a lot of what is in this ordinance, the framework, the cleanup is essentially that; to draw a clean delineation of what exactly is an alcoholic service establishment against a restaurant, because the concerns are real, and it's -- I know it affects the people, as well as it does affect the Administration. It makes it very difficult for us, law enforcement, and Code Enforcement, to enforce an ordinance that is very difficult to read and understand. Commissioner Carollo: Not really; it's quite simple. And if the Manager would authorize the resources, I'll gladly spend whatever time at night, and I guarantee you, before he leaves as Manager, you're going to have three quarters of the problem cleaned up. Mr. Cejas: Right. Commissioner Carollo: I promise you that. Chair Hardemon: Are there any other changes -- Commissioner Reyes: I'll ride with you. Chair Hardemon: -- that need to be put on the record, though? Are there any other changes? And I'll -- because I don't -- I want to make sure that my changes are reflected. So for convenience stores, I want to change or amend the hours of sale of liquor or beer or wine, whatever they sell -- Mr. Cejas: Beer and wine. Chair Hardemon: -- to --from -- to start at -- was it -- Cafes are 11 a.m.? Yeah. So 11 a. in. to 10 p.m. I want the same hours as the cafes. Mr. Cejas: Okay. Chair Hardemon: So now all of us residents, when we're taking our children to school in the morning, we don't see anyone on the corner, drinking a beer in front of the local convenience store that's in our neighborhood. City of Miami Page 69 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Carollo: Yeah. And those are reasonable times, yeah. Chair Hardemon: I think so. Ms. Mendez: Chairman, just for scheduling purposes, with all these changes that we're doing, it will have to go to Planning, Zoning & Appeals Board, which will be January 17, and then you'll be able to get this legislation back January 20 - something. Chair Hardemon: Why does it have to go back to PZAB? Ms. Mendez: Because of the request to upgrade the licensing on 8th Street. That'll be more liquor licenses throughout 8th Street, and I think it's a considerable number that we're looking at, I think, based on discussions, so they would weigh in on that. Chair Hardemon: But they're a -- Ms. Mendez: The hours. Chair Hardemon: -- board that gives their recommendations to us, right? Ms. Mendez: Yes. Chair Hardemon: They've already considered this matter. They went to increase, and we want to increase it more than what they recommended. Ms. Mendez: Right. I don't know that that was a request, unless -- Mr. Cejas: It was. Ms. Mendez: -- Zoning can tell me if these matters were considered but not acted upon. Then we don't need to take it back to PZAB. Mr. Cejas: They were spoken about at PZAB, but the main reason why we returned to PZAB from the first reading hearing was for the creation of those two districts, because that wasn't heard before, and that needed to go to PZAB, because we were affecting boundaries, and that is a Planning & Zoning item. This ordinance and that information lies within the City Code. So from my understanding in my previous discussion with City -- with the City Attorney's Office is that's the purview of the Commission, since it is a City ordinance. Ms. Mendez: Just because it's in the City Code, and if it affects zoning uses, it's -- it still has to go to PZAB. However, if you're saying that you have already discussed hours of operation on 8th Street before PZAB, then we wouldn't -- and licenses -- then it doesn't have to go back. Mr. Cejas: License was a discussion, not to the extent on 8th Street. Hours in general wasn't discussed. It was generally just carried over from what it exists today. Seeing that this ordinance does create a -- some flexibility for alcohol service establishments, it made sense to us to also allow some restrictions to the sale of alcohol in these areas so there is some safety net, if you will, for the residents. But it's before you -- Commissioner Gort: My understanding, there's no changes in any of the districts that have been created; the district maintain the same zoning and so on, right? Commissioner Reyes: Right. City of Miami Page 70 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mr. Cejas: The zoning is the same, right. Chair Hardemon: So as we like to tell our attorneys, make it work, right? This is what -- this is the result that we want and we need you to make it work for us. And so, the convenience store hours to be from 11 to 10 p.m. for the sale of alcohol or liquor. And then I also want you to make the change. I think you still have the Northwest 7th Avenue -- whatever it's called -- the district that -- where they sell the liquors from Osun Village. Just make it Liberty City. Liberty City --you know what I'm describing to you? Mr. Cejas: Okay. So the 7th Ave. that before was Osun? Chair Hardemon: Right. Make that Liberty City. Mr. Cejas: Which is 7th. Now we want to go to -- Chair Hardemon: Liberty City. Mr. Cejas: -- Liberty City? Chair Hardemon: Just Liberty City/Northwest 7th Avenue. Mr. Cejas: Okay. And also, for the record, in case I did not mention it before, the language that was passed around also included a correction that you all voted on, on first hearing, which was the distancing to schools that was invertedly [sic] changed to "religious facilities" when we were correcting that "church/religious facility" language. So now it's back to its original form, which is correct, which is "schools." Chair Hardemon: Right. So what I'd like -- and I need a mover to capture all that language. You heard the language. Mr. Cejas recorded the language. The Clerk's Office has the language recorded, as well. So I need a mover to -- I would like to entertain a motion to amend or modem -- to modem the legislation as what was stated earlier. And then what we'll do is once that's passed, as modified --just modify it first; then we're going to continue that modification to the next Commission meeting. Commissioner Carollo: There's the motion. Chair Hardemon: So the mo -- Todd B. Hannon (City Clerk): I'm sorry, Chair. Just for my own edification, so this is Item SR. 1. Chair Hardemon: Right. Mr. Hannon: Essentially, what you're requesting is what -- Is it more of a direction for them to make those amendments? Chair Hardemon: Well, we're just -- Mr. Hannon: Because we're not modifying the legislation to the motion. Chair Hardemon: So I want to explain. So typically, the way that we describe things, we say, "Okay, I want to make an amendment to this. Let's make an amendment." Most of the time, it's very friendly that we do that, right? Say, for instance, if the mover did not agree to my amendment and I was forceful, and I said, "Well, I want to have an amendment, so I move that we amend the legislation this City of Miami Page 71 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 sort of way. " I get a second, and we vote on it. You know, that's not -- that's a hostile amendment. We made that amendment, we agreed that's the amendment, and the original mover can't -- because he's upset that we made that amendment, it's -- it just is what it is. So we basically -- we wanted -- we have a pizza, and I want this board to move to add pepperoni to that pizza; not a direction. We're going to, as a board, say, "We want pepperoni on the pizza. " So when the pizza comes back to us, it has pepperoni on it. Right? Commissioner Carollo: So what you're really talking about is a substantive motion in that case, which takes precedent over the -- Chair Hardemon: Over the -- right, yeah, it took -- right; over the motion that's on the floor. And that's why I was saying -- Commissioner Carollo: Yeah. Chair Hardemon: -- we described it as not being a friendly amendment. So right now, the amendment is to modem the legislation the way that we described it. That's the motion that Commissioner Carollo moved, and I'll second. Mr. Hannon: Correct. And I -- it was just -- I just wanted to make sure that, for my own edification, that what we're going to capture is a motion essentially -- maybe for lack of a better term -- directing, but -- Chair Hardemon: Making the changes. Mr. Hannon: -- requiring that these amendments be made, and there's going to be another motion after that to continue to defer the item. Chair Hardemon: Correct. Mr. Hannon: Because the way that -- it's more how we capture the action that's going to be taken. Chair Hardemon: Right. Mr. Hannon: So I just want to make sure we're clear, and I'm clear. Chair Hardemon: That is the way we want to capture it. Mr. Hannon: Thank you, Chair. Chair Hardemon: So it's been properly moved and seconded. Any further discussion on that, or any unreadiness to the motion? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. So what -- that motion that passes was to make the amendments; to add the pepperoni onto this pizza. And so now we have -- Commissioner Carollo: Motion to defer. Chair Hardemon: -- a pepperoni pizza that's just been deferred by motion by Commissioner Carollo, seconded by the Chair, to the next meeting of this City Commission. Any further discussion on that motion? City of Miami Page 72 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Carollo: None. Chair Hardemon: Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Mr. Cejas: Thank you. SR.2 ORDINANCE Second Reading 2099 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 2/ARTICLE XI/DIVISION Department of 2/SECTION 2-892 OF THE CODE OF THE CITY OF MIAMI, Planning FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/GENERALLY/'SUNSET' REVIEW OF BOARDS", TO PROVIDE FOR SUNSET REVIEW OF THE ART IN PUBLIC PLACES BOARD; AND AMENDING CHAPTER 62/ARTICLE XVI OF THE CITY CODE, ENTITLED "PLANNING AND ZONING/ART IN PUBLIC PLACES," TO PROVIDE FOR PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record. For minutes referencing Item SR.2, please see "Order of the Day. " City ofMiarni Page 73 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 SR.3 ORDINANCE Second Reading 2121 AN ORDINANCE OF THE MIAMI CITY COMMISSION City Manager's ESTABLISHING A NEW SECTION 2-208 OF THE CODE OF THE Office CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "NEW PERMITS PROHIBITED, NON -HOMESTEAD PROPERTIES," TO PROHIBIT NEW PERMITS FROM BEING ISSUED FOR NON -HOMESTEAD PROPERTIES WHERE THERE ARE OUTSTANDING CODE ENFORCEMENT VIOLATIONS, BUILDING VIOLATIONS, CITY LIENS, OR CITY INVOICES DUE AND OWING; AMENDING SECTION 10-4 OF THE CITY CODE TO ADD SECTION 10-4(B)(6), ENTITLED "NEW PERMITS PROHIBITED, NON -HOMESTEAD PROPERTIES," FOR THE SAME PURPOSE; FURTHER AMENDING SECTION 62-22 OF THE CITY CODE, ENTITLED "PLANNING AND ZONING/SCHEDULE OF FEES," FOR THE SAME PURPOSE; EXCEPTING PERMITS TO REPAIR NECESSARY LIFE SAFETY ISSUES AND OPEN VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13717 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: SR.3. Can you read it into the record, please? Commissioner Carollo: Thank you. Thank you, Mr. Clerk. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gort: Move it. Chair Hardemon: It's been properly moved, and is there a second? Commissioner Carollo: Second. Chair Hardemon: Seconded by Commissioner Carollo. Any discussion on this item? Hearing none, all in f7vor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Citv ofMian ni Page 74 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 SR.4 ORDINANCE Second Reading 2889 TO BE DEFERRED Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor CHAPTER 42/ARTICLE IV/DIVISION 3 OF THE CODE OF THE AYES: CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED ABSENT. "POLICE/TOWING AND IMMOBILIZATION OF MOTOR VEHICLES/IMMOBILIZATION OF MOTOR VEHICLES," MORE PARTICULARLY BY AMENDING SECTIONS 42-117 THROUGH 42- 118 TO CLARIFY EXISTING REQUIREMENTS AND PROVIDE ADDITIONAL REGULATIONS RELATING TO THE IMMOBILIZATION/BOOTING OF MOTOR VEHICLES ON PRIVATE PROPERTY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT. Carollo Notes for the Record. Item SR.4 was deferred to the February 8, 2018, Regular Commission Meeting. For minutes referencing Item SR.4, please see "Order of the Day. " SR.5 ORDINANCE Second Reading 2905 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/SECTION 62-535 OF THE CODE OF THE CITY OF Commissioners MIAMI, FLORIDA, AS AMENDED, ENTITLED PLANNING AND and Mayor ZONING/TEMPORARY USES ON VACANT LAND," BY MODIFYING REQUIREMENTS FOR TEMPORARY USES ON VACANT LAND THAT HAVE BECOME INCREASINGLY POPULAR THROUGHOUT THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Notes for the Record. Item SR.5 was continued to the January 11, 2018, Regular Commission Meeting. For additional minutes referencing Item SR. 5, please see "Public Comment Period for Regular Item (s). " City ofMian ni Page 75 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: SR.S. Can you read it into the record, please? The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: I do have one question. This BID (Business Improvement District) language that's been inserted in here under "HI, " I don't remember that BID language being there. Maybe I missed -- I didn't read it before; maybe I did. And the reason I feel like I haven't read it before, because I'm always averse to giving power to a board that is not of the City, and I know our Business Improvement Districts want to grab more and more power, but it makes me a little -- Commissioner Carollo: Well, you hit the nail right on the head, Mr. Chairman. Chair Hardemon: Yeah. Commissioner Carollo: I'm glad you brought it up, because I now know where it's coming from. It's a future BID. Chair Hardemon: Well, it could be something -- Commissioner Carollo: And it's in my district. Chair Hardemon: You want to see that language stricken? Commissioner Carollo: I would like to see that language stricken, and I'd like to ask a few more questions beyond that, but let's get to that first. Chair Hardemon: Well, we -- I mean, you could ask your questions, because we can strike it. Commissioner Carollo: Yeah. I'd like for that to be striked [sic]. You know, I'm glad you brought that up. Devin Cejas (Zoning Administrator): It's -- ifI may? Chair Hardemon: Please. Mr. Cejas: That was brought in due to some concerns of certain individuals, the stakeholders in the community. The language essentially reinforces what exists in another section of the Code, which is the duty of the NET (Neighborhood Enhancement Team) Office once notification letters are circulated that these stakeholders are made aware of what's taking place in their community. Commissioner Carollo: But here's the point that I'm having. I keep hearing, "stakeholders." But, you know what? The vast majority of residents of Miami are not being looked upon stakeholders; they're being pushed aside, and not taken into consideration. It's a handful of people that have the deep pockets in some cases -- I don't know where the money's coming from -- that are the so-called stakeholders. And in some cases, people that just parachuted in a few years ago that haven't been around for decades and decades, like a lot of real stakeholders in Miami that we know who they are, have legitimate business, and a lot of them have built them up, you know, from little business to, in some cases, huge business. And I'm really concerned with that term, how it's being used, what is happening with it. This ordinance I think is great for certain parts of the City that have a lot of open land, like Wynwood and others, but here's the only point, and I don't know if we could do this in piecemeal or not; that we could do it for certain parts of the City that really need it, instead of just throwing a blanket in all of the City. I'm concerned for City of Miami Page 76 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 District 3 in this, because I don't know what effect it's going to have. I don't know if this is what some people are planning on doing to get away with a lot of stuff- that before I know it, it's not going to be really empty lots; it's going to be all over the place; that they're going to be putting, you know, food trucks or building small restaurants out of trailers or what have you. There are parts of the City that this would be a real plus for, because you got all this open land, and nothing's being done with it. My concern right now is 8th Street and the backs of it, like, you know, 7th Street, that people could buy up property, connect it to 8th Street, and what they do there. And I don't want to hold this up for other areas of Miami that I know that do need it; it would really help them. But I would like to get some guidance from you, from the Chair and others that have worked with this ordinance a little longer so that I could feel that the area of 8th Street is going to be protected more; that people that have restaurants, that have other business there are going to be protected; that someone's just not going to open up something, the -- you know, right next door, in an empty lot next to them. Chair Hardemon: I know that when this was -- I know this -- when this initially came up, that same worry was the worry that Commissioner Gort had, and we took significant time to address Commissioner Gort's concerns. We also took the time to recognize that there was one particular site, which was the Wynwood Yard, that was -- had a -- basically, time wasn't on their side. And so, we did, I believe, what we could through the City to help them. So I think that -- I don't mind personally if you take the time to address Commissioner Carollo's concerns. We want to get it right; but certainly, the issue about who determines what goes on a lot, I think is something that concerns me, and typically -- I mean, because the thing about BIDS are -- is this: BIDS do a wonderful job in many different areas. I've seen successful BIDS. I -- we work closely, our office, with successful BIDS. But what I know is that just because you are in a BID area does not mean you're a part of a BID, and I think that can also have some ramifications as far as you trying to use your site the way you want to. And so, in a perfect world, everyone who is in a BID area would be participatory, but it's not like that. And so, I just want everyone to have an opportunity to do what it is that they wish on their lots, within the parameters of the law, so that we can encourage business and new job creation within our communities. And so, if -- I know that's going to be a goal for Commissioner Carollo, and if we need some additional time to work that out with Commissioner Carollo, I'm all for it. Commissioner Gort, you have anything to add? No? So -- Commissioner Carollo: Mr. Chairman, if you're okay with that, I thank you. I would like a little more time in this, then. And if I'm wrong and it's not because of what I know has been going on in my district, and it's because of a BID in any of your areas -- in particular, Commissioner Russell's area -- that is put in, then I understand that, and we'll work a way around it. But I just want to make sure that things weren't put into this ordinance for a specific reason already, a specific group. Chair Hardemon: How much time do you think you need? Commissioner Carollo: Next meeting, you'll bring it back; is that all right? Mr. Cejas: Yes. I think that'll be fine, and it'll give us the opportunity to discuss not only this -- Commissioner Carollo: Yeah. Chair Hardemon: Okay. Mr. Cejas: -- item, but the other item, as well. City of Miami Page 77 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Carollo: Sure. Chair Hardemon: We need to move to continue to the next item [sic]. Commissioner Carollo: Thank you. Commissioner Gort: Second. Chair Hardemon: It's been properly moved and seconded to continue to the next item [sic]. Commissioner Carollo was the mover; Commissioner Gort is the seconder, SR. S. Any unreadiness7 Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Now, I expect that the language regarding BIDS - - okay, understood. Commissioner Carollo: Understood. City of Miami Page 78 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 SR.6 ORDINANCE Second Reading 2961 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED ("CITY CODE"), ENTITLED "GROUP HOMES," TO AYES: AMEND SECTION 62-650 OF THE CITY CODE, ENTITLED ABSENT: "REGULATION OF GROUP HOMES PURSUANT TO STATE LAW," TO CLARIFY APPLICABILITY, AND TO AMEND SECTION 62-651 OF THE CITY CODE, ENTITLED "APPLICATION OF GROUP HOMES," TO ADD SUBSECTION E, ENTITLED "EMERGENCY PREPAREDNESS REQUIREMENTS," TO ESTABLISH A CITYWIDE REQUIREMENT THAT CITY FUNDED AFFORDABLE SENIOR HOUSING, NURSING HOMES, ASSISTED LIVING FACILITIES ("FACILITIES") CATERING TO THE ELDERLY, AND OTHER SIMILARLY SITUATED CITY OF MIAMI SUBSIDIZED ELDERLY LIVING UNITS, AS DEFINED BY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") GUIDELINES, BE EQUIPPED WITH PROPERLY FUNCTIONING GENERATORS WITH ADEQUATE FUEL CAPABLE OF CONTINUOUS USE TO POWER ESSENTIALS, INCLUDING BUT NOT LIMITED TO, ELEVATORS, LIGHTS, EMERGENCY ALARMS, AND AIR CONDITIONING ("A.C.") IN THE CORRIDORS OF THE FACILITY; AND PROVIDING THAT RESIDENT ATTENDANTS/STAFF TO THE ELDERLY SHOULD BE ON SITE WITHIN 24 -HOURS OF A HURRICANE OR STORM'S PASSAGE, OR AS SOON AS SAFELY POSSIBLE, TO ENSURE THE ADEQUATE CARE OF OUR SENIOR RESIDENTS IN THE AFTERMATH OF HURRICANES AND MAJOR STORMS RESULTING IN WIDESPREAD POWER OUTAGES. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Notes for the Record. Item SR.6 was deferred to the February 8, 2018, Regular Commission Meeting. For minutes referencing Item SR. 6, please see "Order of the Day. " City ofMian ni Page 79 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 SR.7 ORDINANCE Second Reading 2988 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING MOVER: CHAPTER 10/ ARTICLE I OF THE CODE OF THE CITY OF MIAMI, Commissioners FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED and Mayor "BUILDINGS/IN GENERAL," TO CREATE NEW SECTION 10-8, ABSENT: ENTITLED "EMERGENCY PLAN REQUIRED FOR AFFORDABLE HOUSING FOR THE ELDERLY', TO REQUIRE ANY BUILDINGS CLASSIFIED AS AFFORDABLE HOUSING FOR THE ELDERLY TO HAVE AN EMERGENCY PLAN IN PLACE TO PROVIDE FOR, AMONG OTHER THINGS, EMERGENCY POWER AND FUEL FOR GENERATORS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record. Item SR.7 was deferred to the February 8, 2018, Regular Commission Meeting. For minutes referencing Item SR. 7, please see "Order of the Day. " SR.8 ORDINANCE Second Reading 3152 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING Office of the City CHAPTER 2/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, Attorney FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/LOBBYISTS," TO AMEND APPLICABILITY, DEFINITIONS, REGISTRATION AND ETHICS REQUIREMENTS, AND EXPENDITURE REPORTING REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13718 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Chair Hardemon: SR.8. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Thank you very much, Madam City Attorney. This is the final piece of a three-part legislation on lobbying reform I've wanted to bring to the City. Citv ofMian ni Page 80 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 The first we implemented was a transparency software, basically, that digitally enters all lobbying registration and reports, and so it's easily searchable so people know who's lobbying us and when, and it's not hidden in a PDF (portable document format) that's scanned that can't be actually searched. Number two is an API [sic]. We already passed that software. Number two is an API, directing the Management to come up with a policy on how to deal with lobbyists. So it's not just electeds and our policies on dealing with lobbyists; so that our staff knows when they're being lobbied; and so, that's taken care of appropriately, so they're working on that. And this is number three, which is the second reading of our lobbying ordinance, which basically brings us in line with the County, and making sure that everything that we change strengthens our lobbying ordinance, nothing weakens it, but it also makes it much more easy for lobbyists to comply, as they have one set of rules to follow for the City and County. And I've spoken with the Ethics Commission, where this originally came from, and they had one recommended amendment, which I've got to pass out to you now, which basically takes it back to first reading. I'd wanted to strengthen it where -- Right now, if they -- if a lobbyist doesn't have any expenses to report that they expend on somebody, they just wouldn't have to issue a report. And the amendment I originally wanted to make, thinking it would strengthen it, was that you have to submit a report that says "zero. " But the actual backlog that that creates and ethics complaints that that creates, unexpectedly and mistakenly, from someone who's not necessarily a traditional lobbyist -- maybe they're an architect or something -- they don't submit a report, they get hit with an ethics violation, they got to go and appeal it, and the backlog in the ethics -- We decided to take that out and bring it back so that if they're at a zero, they just don't have to file a report. And the other thing is --just did some clarification. So those are the only amendments, and I can pass that out now, with the changes, but really no change. It takes it back to first -- the first -- the version at first reading, so there's no substantive change. But the change is on Page 5, which -- and that change just takes us back to where they don't have to report if they have no expenses to report. So I'd welcome a motion on this. As I have the gavel, I won't be -- Commissioner Gort: Move it. Vice Chair Russell: -- making the motion myself. It's been moved by Commissioner Gort; second by Commissioner Reyes. Any discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Todd B. Hannon (City Clerk): As amended. Vice Chair Russell: As amended. Commissioner Gort: As amended. Vice Chair Russell: Thank you. City of Miami Page 81 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 SR.9 ORDINANCE Second Reading 3153 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING Office of the City CHAPTER 11.5/ARTICLE II OF THE CODE OF THE CITY OF Attorney MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW/THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL," MORE PARTICULARLY BY AMENDING SECTION 11.5-32, ENTITLED "SUBPOENA POWERS," AND AMENDING SECTION 11.5-34, ENTITLED "EXECUTIVE DIRECTOR; INDEPENDENT COUNSEL; ASSISTANCE FROM CITY OFFICIALS," TO CONFORM WITH THE FLORIDA SUPREME COURT RULING IN THE CASE OF D'AGOSTINO, ET AL. VS. CITY OF MIAMI, ET AL., CASE NO. 16- 645; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13719 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Vice Chair Russell: SR. 9, Civilian Complaint and Investigation and Review. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: SR. 9, subpoena powers of the Civilian Investigative Panel, is there a motion on this item? Commissioner Carollo: Can I ask a question? Vice Chair Russell: Of course. Commissioner Carollo: Is there anyone from the FOP (Fraternal Order of Police) here that would like to address this? Vice Chair Russell: Or the CIP (Civilian Investigative Panel)? Victoria Mendez (City Attorney): Basically, this item is bringing in conformance the -- our City Code with the case regarding D'Agostino, and bringing it in line. Commissioner Carollo: Okay. Vice Chair Russell: It reduces the -- Commissioner Carollo: Yeah. Vice Chair Russell: -- subpoena power. Ms. Mendez: "en there are investigations pending, yeah. Vice Chair Russell: Right. City of Miami Page 82 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Carollo: Okay. Vice Chair Russell: Motion by Commissioner Carollo; second by Commissioner Reyes. Any further discussion from the dais? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. NIkiIOZe]; &Ixf%]►1911N; W 911►[eye]N911kiVAki N 4= City of Miami Page 83 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 FRA ORDINANCE First Reading 2903 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 29/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, Commissioners FLORIDA, AS AMENDED, ENTITLED "LANDFILLS AND and Mayor WATERFRONT IMPROVEMENTS/IN GENERAL," MORE PARTICULARLY BY ADDING SECTION 29-6 TO PROVIDE A FRAMEWORK FOR CERTAIN WILLING WATERFRONT PROPERTY OWNERS TO GRANT AN EASEMENT TO PROVIDE THE BAYWALK OR RIVERWALK FOR PUBLIC RECREATIONAL PURPOSES AND FOR THE CITY OF MIAMI ("CITY") TO CONSTRUCT A BAYWALK OR RIVERWALK AND FOR THE PROPERTY OWNER TO PROFFER A RESTRICTIVE COVENANT RUNNING WITH THE LAND TO THE CITY FOR REPAYMENT IN THE EVENT THE PROPERTY OWNER ENGAGES IN SUCH DEVELOPMENT THAT WOULD REQUIRE A DUTY TO PROVIDE A BAYWALK OR RIVERWALK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For additional minutes referencing Item FR.], please see "Public Comment Period for Regular Item(s). " Vice Chair Russell: Moving to the first reading ordinances. FR.1, landfills and waterfront improvements. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Thank you, Madam Citv Attorney. If I may, gentlemen, this is really the hope that we start paying attention to our baywalk and riverwalk, the same way we do our underline. A lot of effort and funding, and attention is being paid there. The baywalk is before its with only nine pinch points that do not connect it that would create a five -mile linear jogging, walking, running, dog -walking path all along our waterfront. It's within our Code that anyone who develops on the waterfront must set back this 25 feet for the public and another 25 foot buffer before they can develop so no one can develop right up to the water without allowing public access. The problem is a lot of people aren't planning to develop for many, many years; and so, those points sit there. This legislation allows the City to invest up front and actually activate those spots; plan them, build them, pay for them. And when that developer triggers the ordinance that would have normally had them build it, whether it's five years from now, 10 years from now, they pay its back on a schedule, so that's the intention of this legislation. I welcome a motion or any discussion. City of Miami Page 84 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 Commissioner Gort: So let me ask a question. When the -- they pull a construction permit, that'll be part of the cost of the construction permit, to get the permits so we can assure our self that we get paid back? Vice Chair Russell: I'm sorry, I don't -- Commissioner Gort: We get reimbursed? In other words, how are we going to be assured that we're going to get reimbursed for the expenditure? Vice Chair Russell: So we get reimbursed for the hard cost, basically. Commissioner Gort: Right. Vice Chair Russell: Is that correct, the way it's currently written? So we're going to pull the permits -- Commissioner Gort: Right. Vice Chair Russell: -- and we're going to expend (UNINTELLIGIBLE). Commissioner Gort: We're paying for that, and we're going to expend it, we're going to do it. But whenever the guy or the individual pulling construction permits -- Vice Chair Russell: Which triggers it. Commissioner Gort: -- would -- that would trigger it, and they would have to pay it back at that time? Vice Chair Russell: Correct. Commissioner Gort: Okay. Vice Chair Russell: Now in the current form -- and this is first reading, so we're open to some changes -- there's an amortized schedule at which the amount they have to pay us back reduces. Let's say it's, you know, a 50 year life span of that baywalk, and they don't actually activate or require the need by pulling a permit for 25 years. They'd owe us less. I'm -- What I'm trying to do is make it attractive for them to let us do this, because they don't have to let us do this, and this ordinance would enforce it. We would pick and choose and approach -- and that would be my first thing once we pass this ordinance. I would approach the landowners on those easiest low -hanging fruit spots and say, "Is this attractive to you now?" because if we get a FIND (Florida Inland Navigation District) grant, for example, that pays for half of it, they don't have to pay that back and we're not out another penny for that, but it makes their baywalk cost half as much to them, and it's readymade for when they want to sell their property or develop it. So I think it's very attractive to them, but the pay -back schedule does reduce over time, so that's something we can look at between first and second reading. Commissioner Gort: Yeah, I'd like to see the time of the reductions. Vice Chair Russell: I believe we did a 50 year life span for amortizing, but we can look at that. Questions? Commissioner Reyes: Commissioner, I want to clarify something about this ordinance. You mean what -- according to what I read -- I might be wrong -- that what you're asking is for the authority to go into somebody else's -- somebody's backyard that lives on a -- lives right on the -- I mean, lives on the coast and -- or City of Miami Page 85 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 lives next to a river, and you're going to say, "Now you have to give up so many feet of your property, and we are going to build a sidewalk here, all a walk"; is that what this ordinance does? Vice Chair Russell: No. We -- That already exists. Currently, everyone on that waterfront within the baywalk area, if they develop, they have to do that already. Commissioner Reyes: If they develop? Vice Chair Russell: If they develop. Commissioner Reyes: But they -- if they are leaving -- And let's say that I have a house or a home that is next to shore. And now, according to this ordinance, it's giving the City of Miami the authority of what -- to go knock on my door and say, "Listen, we are going to build a walkway behind your house. " Vice Chair Russell: At their discretion. It doesn't give us the authority to take it and do it; it gives us the ability to offer to them, "If you would like us to do it, we will plan it, pay for it, and implement it. You give us the easement and you give us public access, and" -- because they're -- they have to do it anyway when they redevelop. Commissioner Reyes: Right. That's another thing. Vice Chair Russell: It's not mandatory. Commissioner Reyes: You say -- It's not mandatory, but now you say, 'pay for it. Where the money is going to come from? Vice Chair Russell: Well, my intention and hope is that within the bond that just recently passed -- and this was expressed by the previous Administration, Mayor Regalado, and I'm looking for interpretation from the City Attorney's Office -- depending on the mechanism used, this could be considered for public use. Commissioner Reyes: Fine. Vice Chair Russell: It could also be shoring up of our sea level rise situation with the seawall; and so, we could use bond funds. And so, when the DDA (Downtown Development Authority) issued their list of bond items that they were requesting, we did a study that looked at all nine pinch points that are --exist. There's $25 million worth of planning and construction there. Now, of course, when they trigger their need to make the baywalk, they pay it back, but -- so if we utilize the bonds -- Commissioner Reyes: Right, but according that -- I mean -- Vice Chair Russell: -- (UNINTELLIGIBLE) out of pocket. Commissioner Reyes: -- excuse me, but I haven't read what are the -- and I need to get myself a little bit more knowledgeable of what it is permitted on the bond issue, what -- I mean, what projects can we undertake and it will be legal -- Vice Chair Russell: Yes. Commissioner Reyes: -- under the bond issue. You are assuming that it could be done, and I am telling you now I don't think -- I don't know if it is true or not. I -- Can we get a little more time so we can determine where the funds are going to come in and all the other questions that I have? Because I have questions about this. City of Miami Page 86 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Vice Chair Russell: I can understand that. You might not -- colloquy, please. I do understand that completely. And so, this mechanism wouldn't trigger the funds and wouldn't trigger the cost, and wouldn't trigger the need. It would just give us the mechanism and the ability, and we could sit there and wait on it until the funds are available, but at least this gives us the mechanism. Commissioner Reyes: But it's going to be -- but I want to make it clear that it does not give us the authority to go and knock on a door. Vice Chair Russell: 100 percent, not. Commissioner Reyes: Okay. And I want to make it clear and I want to see it, yeah, you see that it is at the owner's discretion if they want it and give -- I mean, comply with this or not, you see? Vice Chair Russell: Can you clam Madam City Attorney? Victoria Mendez (City Attorney): Commissioner Reyes, the -- this doesn't apply to residential homes; it's basically to those commercial buildings that are around the baywalks. It's not somebody's backyard or residential home. Commissioner Reyes: Yes, but we are going in and we are telling them, and I -- "You're going to do this because" -- Vice Chair Russell: No; asking if they would like to do it. Commissioner Reyes: Asking. Okay. Vice Chair Russell: If they would like us to do it, we're asking. If they pull a permit for major development, they have to do it. Commissioner Reyes: And we are going to assume all the cost? Vice Chair Russell: Upfront. Commissioner Reyes: What do you mean, "up front"? Vice Chair Russell: Because when -- Commissioner Reyes: That means that when they sell, they have to return the money to us? Vice Chair Russell: Yes; when they develop. When they develop -- Commissioner Reyes: When they develop. Vice Chair Russell: They would normally have had to build the baywalk at their cost. Commissioner Reyes: How about if they don't develop? We still are stuck with the fund -- with -- stuck with the cost. Vice Chair Russell: We sit on it until they develop, yeah. Commissioner Reyes: Yes. Vice Chair Russell: But -- City of Miami Page 87 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Reyes: I mean, we have a lot of other areas that we have a lot of needs, and we have to -- I can use a couple million dollars in D4 right now. You see? That's what I -- that's -- see, I think we have to be a little careful how we spend our money, you see, and how we -- I mean, the way that we try to force people to do something, you see? I have questions about this and I -- I don't know. I'm not too comfortable with it. I will ask for more time to make it clear that we are not forcing anybody to do anything and that the funds are identified, and the funds -- we are not taking funds from someplace and placing in it, because we need -- There are a lot of streets that are -- a lot of sidewalks; there's a lot of puddles; there is a lot of -- I mean, in every single district in the City of Miami. Vice Chair Russell: I do agree with you, and we have many needs. My -- ask for your indulgence, because I can address both of your questions right now definitively, with the Attorney's opinion; that we pass it on first reading, which gives us a full month to -- for you to work with the City Attorney's Office and the Planning & Zoning Department, and there's a lot of departments who have weighed in on this, because there were a lot of concerns. Who does the maintenance? Who has the liability? There's a lot of questions you may still have. Commissioner Reyes: That's another question. If we -- let's say that we build this. Vice Chair Russell: Yep. Commissioner Reyes: That's right? We are the builders. Guy comes and he is jogging and he falls, and he breaks his neck or her neck, or breaks a knee. Who's liable for that? Vice Chair Russell: Yes. And we've addressed all that in this. Commissioner Reyes: I don't know. I'm not an attorney. And maybe the Chairman here, that he wants to clam that and -- or the -- Madam City Attorney, who's going to be liable? Because they're going to sue you -- I mean they're going to sue the owner of the property. But the owner of the property can turn around and said, "I didn't build this; it was the City of Miami, the one that built it." Do they have -- I mean, is that a -- Ms. Mendez: This -- Commissioner Reyes: -- are we liable or what -- we not liable? Vice Chair Russell: It has been considered. Ms. Mendez: So the -- Your first question with regard to forcing anyone to doing it, it's not an issue, because we have in the ordinance that -- "willing waterfront property participants, " so if they're willing -- Commissioner Reyes: Okay. Ms. Mendez: -- to participate in this program, then the City can provide the framework with which to fund it. So that's the -- your first main question; that we will not force anyone to do this at all. The second issue with regard to liability, we have -- the property owner will be responsible for maintaining the baywalk or the riverwalk after it's constructed. There will be -- the way that this is set up right now is for a public easement, so chances are we will be sued and the property owner. But we are providing for this public baywalk. It's like sidewalks. City of Miami Page 88 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Reyes: Yes. Ms. Mendez: So that is the -- with regard to that. But we have liability only to a certain extent. And obviously, since the property owner will be responsible for the maintenance, we can -- they would obviously share in whatever liability -- Commissioner Reyes: Yes, but we are assuming that the property owners, they are going to keep maintaining that -- I mean, that sidewalk or that construction that we going to make behind the houses. If they don't maintain it and then, as we can see in all the sidewalks, I mean, they're -- are not properly maintained, and they have some -- I will say uneven levels of the sidewalk, and somebody falls, you see. Who is responsible for that person? I mean for -- who's liable? That's a big question for me. Ms. Mendez: Jointly. It's jointly. Commissioner Reyes: It's jointly. Jointly. Ms. Mendez: Jointly. Commissioner Reyes: Well, I think that we are leaving our self a little bit in -- Vice Chair Russell: Well, this is an intention that was made decades ago with regard to opening up our waterfront to the public, but it was done in such a way for us to have the least cost, the least liability, the least maintenance; and in a sense, you get what you pay for. We have a broken baywalk. All the requirements are therefor them to take on the construction, planning, easement, I mean, access to the public and liability. The only missing factor is the trigger that makes them do it. So -- and I'm -- this isn't a open, broad discussion amongst residents throughout the City. This is -- we're talking about nine remaining pinch points that may not get completed for the next 20 years, for all we know. This gives us the mechanism to go to them and say, "If you are open to this, if you would like us to, if you think this would be actually helpful to your property and help you financially down the road, we will do it upfront; then we will give it back to you, and at that point, you have to maintain it, just like all the other baywalk portions already do by our Code. " I mean, what you're suggesting might be to reverse everything we already have on our baywalk on the other dozens ofpoints that we've actually connected -- Commissioner Reyes: No, don't -- no, no. Vice Chair Russell: -- so I -- Commissioner Reyes: I'm talking about this. No, I'm not talking about the other one. Don't bring it back to us. Vice Chair Russell: The other ones are okay? You're okay with --? Commissioner Reyes: I mean, no, because I have no -- I mean, they were not part of the legislation when I was -- I wasn't here. That is already there. Vice Chair Russell: Right. Commissioner Reyes: What I'm talking is about this. Vice Chair Russell: Yeah. City of Miami Page 89 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Reyes: Okay? The other ones, if we now have the -- we could be liable for anything that happened there, if it's there already. I'm talking about not getting into this. I mean -- no, no, no. Don't try to -- Vice Chair Russell: I'm just asking, because it seems -- Commissioner Reyes: No, no, no. Vice Chair Russell: -- that the idea that this is a -- Commissioner Reyes: I don't want to do anything. What -- I want to make sure that this is done properly, that we are not liable, and we have money to -- I mean, where the funds are going to come from, you see? The other -- what is done -- Vice Chair Russell: Very fair questions. Commissioner Reyes: -- what's been done been done; it's there, okay? So don't try to mix both things. Vice Chair Russell: So what I'm asking for, from the indulgence of the board so that we can at least move forward and address your questions and concerns between first and second reading. If we're in disagreement as a board by second reading, the whole thing dies. But if we don't get past first reading, we just don't get started. So we've done all -- we've done many, many months of work on this to get it to this point, and we have deferred it in the past. I'd just like to know if the will of the board is there to at least pass it on first reading or consider it. Commissioner Reyes: Let's -- okay, that is fine. Let's pass it in first reading and -- Commissioner Gort: Mr. Chairman? Commissioner Reyes: -- please, I would like all those questions to be addressed. Commissioner Carollo: I think that's fair enough, what Commissioner Russell stated. I have some questions myself- the main one being, what is the maximum that staff perceives that this would cost us? And I think that not just in this, but in every item that we deal with into the future, we should know that. We should know about the cost factors that the City's going to be dealing with. So to me, that's one of the most important factors. What is the maximum cost to the City that this could possibly have, knowing that it could be less? Because we don't know how many of these we're going to build. But the -- it's a fair request that you make, Commissioner. We could always, you know, vote it down on second reading, and I'm ready to move it if you'd like. Commissioner Reyes: Yes. Vice Chair Russell: I'll move it on first reading. I'm sorry -- Commissioner Reyes: I second. Vice Chair Russell: -- Commissioner Gort had a comment. Commissioner Gort: I'll second for discussion. My question that I'd like to have answered is the Inland Navigation grants can apply in here? Because if we can get the grants like we have done in the past, that could be very useful. City of Miami Page 90 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Robert Weinreb (Project Manager, "T," Capital Improvements Program): Good afternoon. Robert Weinreb. For the City to obtain a Florida Inland Navigation District grant, we would need to control the property with either an easement of -- some sort of control, and we'd have to control it, theoretically, for 30 years. Commissioner Gort: But when you're talking about control, is to have -- people have access to the public and to the facility? Mr. Weinreb: It has to be open to the public for the entire period of time. Commissioner Gort: So grants might be able to be applied to this project, if we comply with the regulations and requirements and --? Mr. Weinreb: The Florida -- If we had an easement or other such way of holding this property, yes, we could apply for a Florida Inland Navigation District grant. Commissioner Gort: Okay, thank you, because that's something we can be looking into. Chair Hardemon: All right. It's been properly moved and seconded to accept or pass FR. 1. Is there any further discussion from the board? Miguel Gabela: Sorry. Chair Hardemon: Yes? Mr. Gabela: Can I ask you a question? Is this open to the reading -- I happen to live on the river, and I just heard this, and can I just say something? Chair Hardemon: Commissioner Russell? Vice Chair Russell: I'm open to hearing him, of course. Chair Hardemon: Right, of course. Vice Chair Russell: Sure. Mr. Gabela: May I be allowed to --? Chair Hardemon: Can you state your name for the record, please? Mr. Gabela: Of course. My name is Miguel Angel Gabela, 1701 Northwest South River Drive. And I happen to agree with the -- with Manolo Reyes that maybe this should -- instead of hastily pass it, study it a little bit more. I'm concerned about what I just heard. Chair Hardemon: Thank you, sir. Mr. Gabela: And I could get some input for some of us that also live on the river. Chair Hardemon: Thank you, sir. Mr. Gabela: You're welcome. Chair Hardemon: Any further discussion on the matter? Hearing none, all in favor of the motion on the floor, say "aye. " City of Miami Page 91 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Vice Chair Russell: On first. Chair Hardemon: On first. FR.2 ORDINANCE First Reading 2739 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENTS, AMENDING CHAPTER 2/ARTICLE XI/DIVISION and Mayor 13/SECTION 2-1177 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/CITY OF MIAMI BEAUTIFICATION COMMITTEE/MEMBERSHIP; TERM OF OFFICE; VACANCIES; OFFICERS; RULES OF PROCEDURE; MEETINGS; QUORUM; ATTENDANCE REQUIREMENTS," BY AMENDING THE QUORUM AND TERM PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw by Sponsor RESULT: WITHDRAWN BY SPONSOR Mayor Francis Suarez: The last one is FR.2, which is brought to me by the chair of the Beautification Committee. We created a Beautification Committee, this Commission together that I sponsored as a Commissioner. I believe -- and I don't know how you all feel, and I haven't had a chance to talk to all of you about this, but I think the City really needs to dedicate more of its energy and emphasis and some of its resources to being beautiful in the -- from the perspective of you get a great return on your investment. I mean, I know we talked a little bit about Christmas lights, and that may seem like something small to some, but it's something that really improves the quality of the experience of being a Miami resident, and it, you know, brings hope, and it brings -- you know, it brings joy to those who traverse our cities for a very little bit amount of money in the grand scheme of things as a budgetary matter. And so, the chair of the Beautification Committee has asked that we change the quorum requirements to lower them. I know that's something that we've talked about, and it's been sort of controversial in the past. You know, I just wanted to convey his sentiments. He's here if he wants to speak on it. I think it's a nine - member board. The quorum is six, and he is requesting that it be lowered to four, just so that you can have more active meetings and we can actually move along on an agenda of beautification. I guess in his experience as the chair -- and I don't want to speak for him -- but this has -- you know, getting quorum has been sometime an issue. Vice Chair Russell: Quorum should be five; right, on a nine -member board? Mayor Suarez: Fine with that, too. I mean -- Vice Chair Russell: No, no, no, but I mean that's what -- City of Miami Page 92 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mayor Suarez: I think the quorum is six. Vice Chair Russell: -- a quorum on a nine -member board is five? Chair Hardemon: Five. Victoria Mendez (City Attorney): It's 50 percent plus one. Chair Hardemon: That's to pass. Ms. Mendez: All of you know that I'm really bad at math, so I'm -- it's supposed -- I think it's supposed to be five. Chair Hardemon: That would be to pass a measure; 50 percent plus one is to pass it. Ms. Mendez: What -- that's how it is now, I mean. Mayor Suarez: Is that the quorum measure? Ms. Mendez: Now the quorum, I believe, is five. Mayor Suarez: Quorum; not passing, but quorum? Ms. Mendez: If you -- Mayor Suarez: Okay. Ms. Mendez: -- pass this amendment, then it would be reduced to four. That is what this legislation does; reduces quorum. Mayor Suarez: We're -- up to you guys now. Chair Hardemon: Quorum is five now, correct? Ms. Mendez: 50 percent plus one, which I assume is five. Chair Hardemon: 50 percent plus one is the passing rate, but -- Mayor Suarez: Yeah. Chair Hardemon: -- quorum is the majority of the members of the body. That's what -- unless it's written differently, I don't know. But -- Mayor Suarez: Yeah. Ms. Mendez: Right. It's written -- Commissioner Carollo: My -- Mayor Suarez: Three, which is the major -- which is the majority. Commissioner Carollo: Mr. Chairman? Chair Hardemon: You're recognized. Commissioner Carollo: My concern is if we don't have a unified -- City of Miami Page 93 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Vice Chair Russell: I can't hear you. Mayor Suarez: Platform. Commissioner Carollo: -- rules and regulations for everybody, you know, it becomes hard. And then others will say, "Why them, not us?" Mayor Suarez: Yeah. Commissioner Carollo: I truly think that maybe what is needed is for members of this Commission, this body to -- Mayor Suarez: Choose. Commissioner Carollo: -- appoint people that are going to show up. If they're not showing up, they shouldn't be there. Mayor Suarez: Commissioner, I completely agree. I have no issues with that. Commissioner Carollo: Yeah. Mayor Suarez: Maybe because we have a new Commission now we can give it a shot with the new Commission that's -- with the new board members -- Commissioner Carollo: Yeah. Mayor Suarez: -- that you all will inevitably appoint. Commissioner Carollo: I don't know if I'm entitled, if some of the people aren't showing up are some that fall within my vote. Mayor Suarez: They do. Commissioner Carollo: If they do, then I'll make sure that I'll get you some people there that will show up. Robert Powers: And we -- and your seat has been the one that hasn't appointed anybody. Commissioner Carollo: Well -- Vice Chair Russell: Hasn't appointed anybody. Commissioner Carollo: Well, I'll -- Vice Chair Russell: Not that they don't show up; they're not appointed. Commissioner Carollo: -- appoint people for you in the next meeting in January, and I'll make sure that I appoint people that will show up. Mr. Powers: All right. So -- and just for -- so you know is that eight members of that board decided that this -- that was what we requested, so what's before you is what we requested. We requested that the -- because there was only eight members to our board, and we were constantly having -- The other problem, too, by the way, was that this committee was moved to four different City Administrations. So in the City of Miami Page 94 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 two years that it has been active, we did not have a secretary and we didn't have anybody being able to run our meetings, so that left it a little chaotic. Mayor Suarez: Sure. Mr. Powers: All right? So that was the other thing that we were facing. And the other thing -- the only reason why -- It isn't that other people don't get disseminated the information, if that's what you're worried about. We have a very active board. They're all professional people, and a lot of times, they can't make meetings. And it doesn't mean that anything happens behind closed doors. At any rate, it's -- they're professional people. Mayor Suarez: Let's do this. Mr. Powers: Yeah. Mayor Suarez: We have a new Commission. Mr. Powers: Yes. Mayor Suarez: I think it's fair to give this new Commission an opportunity to point - - appoint new members; or if there are deficient members or if there are vacancies, to appoint members. Commissioner Carollo: To fill them, yeah. Mayor Suarez: And then I think we can always look at this again in six months or a year if the board -- if it's really a critical need. Chair Hardemon: Because you're my guy, right? Mr. Powers: I am not. Chair Hardemon: Who's my guy? Mr. Powers: I'm not; Shane Graber is. Chair Hardemon: Shane. Shane is my guy. Mr. Power: Shane Graber is your man. Chair Hardemon: Well, you're both -- Mr. Powers: And we both live in the same district. Chair Hardemon: Exactly. Mr. Powers: So -- and as a point of reference, I've now sat on six committees for the City of Miami, and I never serve for less than five years, so I know my way around a board and how to make a board work. So that's why we wanted -- Commissioner Russell, that's why I asked for the five years, and that's what -- The eight people who sit on that board, that's why we asked for five years. We have a lot of work to do on this board to come up with a way to make the beautification of the City, first off, all fit together; make it look like -- our historic districts all kind of fit together; our parks kind of all fit like -- so there's a multi -- it's a multifaceted thing. And it's going to take a lot of thinking and a lot of time to put it all together so that Art in Public Places works with Park -- you know -- works with Parks, works with all this stuff. City of Miami Page 95 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 And that, as the beautification, that's where I see us and our board actually working the best together. And I'm sorry that I've taken up more time than you probably would like to give me, but I am -- I do make myself available to any of you gentlemen, if you want to call and ask me questions or meet with me to go over what the vision of that board is for you. And the thing that I ask the Mayor to do for me is in January, we would like to do a presentation for you to show you where we would like to take that board and what we have as far as the vision for the City. You know, like 25 years down the road, like where should this City be looking at as far as its beautification and the quality of life that we have for the citizens of the City of Miami and what they want, and what they require? Mayor Suarez: Mr. Chair? Mr. Powers: Yes? Thankyou. I'm sorry. Chair Hardemon: Yes. Mayor Suarez: Oh, I'm going to withdraw the item. I think we, as a board that is with the new Commissioners, I think we have an opportunity to reshape it, and I'm hopeful -- I thank you for, you know, hearing this out, because I do think it was important -- Mr. Powers: Thankyou. Mayor Suarez: -- for you guys to hear what's going on, and then we'll make whatever adjustments are necessary. And if we have to bring it back, we'll bring it back, but now we have the experience. Mr. Powers: Thankyou. Mayor Suarez: Thankyou, Mr. Powers. Commissioner Carollo: Thankyou, sir. Mayor Suarez: Thankyou. Commissioner Gort: Mr. Chairman? Chair Hardemon: Yes, you're recognized. Commissioner Gort: I'm telling you, the person who serves on my behalf in that board is very happy with it, is very pleased. But what I would like to ask is the chairperson on all these boards to make sure they keep us abreast of the people that not going to the meetings, like Commissioner Carollo had stated a little while ago. The guys that not going to the meeting, get them out. I mean, we -- they should -- It's our responsibility to make sure that people we put in boards are going to perform. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: It's very difficult for us to keep all of our boards well populated and also monitor the performance of our board members. I would like to propose a solution, and maybe it'll come in legislation soon, because we've had this discussion about quorum in the past. I am with the Chairman in not reducing quorum, just as a flat rule. What -- I would like to see quorum based on the number of actual appointed seats. So if It's a nine person board, but only eight of them or seven of City of Miami Page 96 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 them have been appointed, that quorum is based on the actual appointed number; half plus one -- Mayor Suarez: Some sense. Vice Chair Russell: -- of that actual appointed number -- Mayor Suarez: Makes some sense, but -- Vice Chair Russell: -- because otherwise, they're waiting for us to make those appointments. And we say we're going to do it, and we have the intention to do it, but we haven't found the right person, or who knows what. Mayor Suarez: Mr. Chair, ifI may? Vice Chair Russell: Just an idea. Mayor Suarez: Let's -- I think we have a brand-new Commission. This is day one. And I think what you've seen from the two new Commissioners is a -- and I believe -- I take them at their word -- desire to get involved on the board appointments and make sure that the boards are working, and are proactive. So without sort of putting the cart before the horse, if you will, I think we should just allow the new Commissioners to, you know, make their selections. And then if we have a problem six months from now, we can always address it. Commissioner Carollo: I thank you for that in my behalf and Commissioner Reyes' behalf there; the two new guys in the dais. But what Commissioner Russell said -- Mayor Suarez: Makes a lot of sense. Commissioner Carollo: -- if the Chairman and the rest of the Commission go along with that, I could buy into that. Commissioner Reyes: Yeah. Commissioner Carollo: Because, look, it's not fair that they don't have a quorum if we don't appoint people, too. Chair Hardemon: But see, the thing about it, Commissioner, is that the lower your quorum is, the lower it is -- the lower the number that's required to pass an item. So, you know -- Commissioner Carollo: Correct; you're right. Chair Hardemon: -- the way that old folks like us think -- Commissioner Carollo: Yeah. Chair Hardemon: -- (UNINTELLIGIBLE) -- Commissioner Carollo: You're right. Chair Hardemon: If I say, "Okay, if this supposed to be a eight -member board and we only appoint four, then, you know, it only takes three votes to pass it. " Commissioner Carollo: You're right, yeah. And then it becomes difficult for us to really keep track of what is the quorum on any given day. So that's why I like City of Miami Page 97 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 uniformity at the end of the day. So let's give it a shot, as the Mayor said, for, you know, the next six months, a year, and if we're still having problems, then let's revisit it again. Mayor Suarez: Perfect. Thank you. Commissioner Carollo: Thankyou. Mayor Suarez: So I'll withdraw the item. Thank you. FR.3 ORDINANCE First Reading 3225 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIV OF THE CODE OF THE CITY OF Commissioners MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED and Mayor "PLANNING AND ZONING/PUBLIC BENEFITS TRUST FUND," MORE PARTICULARLY BY CREATING NEW SECTION 62-647 OF THE CITY CODE, ENTITLED "UNDERLINE PUBLIC BENEFITS TRUST FUND; INTENT," SECTION 62-648 OR THE CITY CODE, ENTITLED "ESTABLISHED," AND SECTION 62-649 OF THE CITY CODE, ENTITLED "FINANCIAL REPORT," ESTABLISHING THE UNDERLINE PUBLIC BENEFITS TRUST FUND; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. Item FR.3 was continued to the January 11, 2018, Regular Commission Meeting. Mayor Francis Suarez: Mr. Chair, if I can be recognized for a couple of items that should be pretty routine? Chair Mardemon: Yes. Mayor Suarez: Thank you. The first one is I'd like to defer FR.3, which is the Underline Public Benefits Trust Fund I understand some Commissioners would like some more time to understand it, maybe meet with the applicants; and so, out of respect for their request, I'd like to ask that FR.3 be deferred to the next meeting. Vice Chair Russell: I'll move it. Chair Mardemon: Properly moved. Commissioner Reyes: Second Chair Mardemon: Seconded. City of Miami Page 98 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 Commissioner Gort: Second. Chair Hardemon: All in favor, say "aye. It The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Mayor Suarez: Thank you. The next -- and there's a companion PZ (Planning & Zoning) item that will go along with that, but once we're in the PZ agenda, then, yeah, it's PZ.4, in case anyone is in the audience waiting on that. END OF FIRST READING ORDINANCES City of Miami Page 99 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 I N;&19]1110j1R]ki&' REA RESOLUTION 3068 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of the City ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE CITY Clerk CLERK'S CERTIFICATION OF THE CANVASS AND AYES: DECLARATION OF THE RESULTS OF THE CITY OF MIAMI GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 7, 2017, FOR THE ELECTION OF MAYOR, COMMISSIONER DISTRICT 3, COMMISSIONER DISTRICT 4, AND COMMISSIONER DISTRICT 5; THE BOND REFERENDUM SPECIAL ELECTION HELD ON NOVEMBER 7, 2017, FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS; AND THE REFERENDUM SPECIAL ELECTION HELD ON NOVEMBER 7, 2017, TO AMEND THE MIAMI CITY CHARTER. ENACTMENT NUMBER: R-17-0575 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: All right. Now we're in our resolution section. Try to pick up the pace, if we can. The Chair would like to askfor a motion to approve RE. 1, 2, 4, S, 6, and 7. Vice Chair Russell: I'll move it. Or do you have more? Chair Hardemon: It's been properly moved We can deal with that first. Been properly moved -- Commissioner Carollo: 4, S and -- Chair Hardemon: -- and seconded by the Chair to pass RE. 1, 2 -- Commissioner Reyes: 2. Chair Hardemon: -- 4, S, 6, and 7. Commissioner Reyes: Okay. Commissioner Carollo: Okay. Chair Hardemon: All right. Commissioner Carollo: So move. Commissioner Reyes: Second. Vice Chair Russell: I moved it. City of Miami Page 100 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Any further discussion on those items? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. 1, 2, 4, S, 6, 7. RE.2 RESOLUTION 3339 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH MOVER: ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE Office of the City ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS Clerk AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI RUN-OFF ELECTION HELD ON NOVEMBER 21, 2017 FOR THE ELECTION OF COMMISSIONER - DISTRICT 3. ENACTMENT NUMBER: R-17-0613 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.2, please see Item RE.]. City of Miami Page 101 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 RE.3 RESOLUTION 2812 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Department of THE CITY MANAGER TO REVIEW THE INTERLOCAL Miami Sports and AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE Exhibition MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") AND Authority THE SUBLEASE AGREEMENT BETWEEN MSEA AND THE MIAMI CHILDREN'S MUSEUM, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("MCM"), IN ORDER TO CONSIDER WHETHER THE CITY SHOULD TRANSFER APPROXIMATELY 26,599 SQUARE FEET OF LAND ON THE SOUTHWEST SIDE OF THE PROPERTY TO MCM IN ORDER TO ALLOW MCM TO EXPAND ITS CURRENT PROGRAM SPACE AND TO PROVIDE A NEW ENTRANCE TO GUESTS; FURTHER DIRECTING THE CITY MANAGER TO RETURN TO THE CITY COMMISSION WITH A PLAN OF ACTION TO ACCOMPLISH THE SAME, IF APPROPRIATE; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record. Item RE.3 was continued to the January 11, 2018, Regular Commission Meeting. For minutes referencing Item RE.3, please see "Order of the Day. " REA RESOLUTION 3275 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Department of THE BID RECEIVED OCTOBER 3, 2017 PURSUANT TO Police INVITATION FOR BID ("IFB") NO. 702382 FROM TEGSCO, LLC, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE THE MIAMI POLICE DEPARTMENT ("MPD") WITH MUNICIPAL TOWING SOFTWARE, FOR AN INITIAL CONTRACT PERIOD OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL FIVE (5) YEAR PERIOD; ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS FROM THE MPD AND OTHER AGENCIES, 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, EXTENSIONS, AND MODIFICATIONS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0614 City ofMian ni Page 102 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.4, please see Item RE.]. RE.5 RESOLUTION 3252 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of Fire- AUTHORIZING THE CITY MANAGER TO ACCEPT SUPPLEMENTAL FUNDING IN THE AMOUNT OF $49,151.00 Rescue FROM THE DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") FOR THE FISCAL YEAR 2015 — COOPERATIVE AGREEMENT FOR THE FLORIDA URBAN SEARCH AND RESCUE ("USAR") TASK FORCE, THEREBY INCREASING SPECIAL REVENUE PROJECT "DEPARTMENT OF HOMELAND SECURITY — FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") — URBAN SEARCH AND RESCUE ("USAR") COOPERATIVE AGREEMENT FISCAL YEAR 2015 - SUPPLEMENTAL FUNDING" FROM $1,244,082.00, PREVIOUSLY AWARDED UNDER RESOLUTION NO. 15-0301, TO $1,293,233.00; APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED $49,151.00 CONSISTING OF A GRANT FROM FEMA TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO ACQUIRE EQUIPMENT, TRAINING, SUPPORT, ADMINISTRATIVE AND PROGRAM MANAGEMENT, EQUIPMENT CACHE PROCUREMENT, MAINTENANCE, AND STORAGE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. ENACTMENT NUMBER: R-17-0615 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.5, please see Item RE.]. City ofMiami Page 103 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 RE.6 RESOLUTION 3086 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Planning VOTE, RATIFYING, CONFIRMING AND APPROVING THE CITY Management MANAGER'S WRITTEN FINDING OF AN EMERGENCY, ATTACHED AND INCORPORATED AS ATTACHMENT "A," WAIVING COMPETITIVE SEALED BIDDING PROCEDURES, AND RETROACTIVELY APPROVING THE SELECTION OF EARTH ADVISORS, INC., TO PROVIDE A LANDSCAPE MANAGEMENT ASSESSMENT FOR THE PLANNING DEPARTMENT; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $150,000.00 FROM ACCOUNT NO. 10410.356000.351000. ENACTMENT NUMBER: R-17-0616 MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Joe Carollo, Commissioner Manolo Reyes, Commissioner Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.6, please see Item RE.]. RE.7 RESOLUTION 3189 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset ACCEPT AND EXECUTE A QUIT CLAIM DEED ("DEED"), IN Management SUBSTANTIALLY THE ATTACHED FORM, FOR THE DONATION AND CONVEYANCE OF CERTAIN SUBMERGED LAND FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") LOCATED NORTH OF INTERSTATE 395 ("MACARTHUR CAUSEWAY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE DEED ("PROPERTY"), TO THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0617 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE. 7, please see Item RE.]. City ofMiarni Page 104 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 RE.8 RESOLUTION 3250 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset EXECUTE A TEMPORARY ACCESS AND HOLD Management HARMLESS/INDEMNIFICATION AGREEMENT ("ACCESS AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE MIAMI DADE COUNTY SCHOOL BOARD ("SCHOOL BOARD"), WHEREBY THE CITY GRANTS TO THE SCHOOL BOARD TEMPORARY ACCESS RIGHTS TO THE CITY -OWNED PROPERTY LOCATED AT 525 NORTHWEST 62ND STREET, MIAMI, FLORIDA, AND KNOWN AS ATHALIE RANGE PARK ("PARK"), FOR DEMOLITION AND REMOVAL OF THE PEDESTRIAN BRIDGE ("OVERPASS") CONNECTING THE PARK WITH THE SCHOOL BOARD -OWNED PROPERTY LOCATED AT 6101 NORTHWEST 5TH COURT, MIAMI, FLORIDA, AND KNOWN AS MIAMI EDISON SENIOR HIGH SCHOOL ("SCHOOL"), WITH TERMS AND CONDITIONS AS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE ALL NON -SUBSTANTIVE AMENDMENTS TO SAID ACCESS AGREEMENT AS DEEMED NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item RE.8 was deferred to the February 8, 2018, Regular Commission Meeting. Chair Hardemon: I want someone from Miami -Dade County Schools to meet with me regarding RE.8. That walkway is something that I know is of safety concerns for those of -- the children that live in the area who want to cross that busy street, Northwest 62nd Street. And so, without having a meeting with them, I'm not comfortable moving forward with it. So I thought to defer it indefinitely, but I'll give you a shorter time period. So what I request of this board is a motion to defer this into the first meeting in February. Commissioner Carollo: Motion to defer to the first meeting in February. Commissioner Reyes: Second. Chair Hardemon: Been properly moved and seconded Any further discussion on that matter? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All right. Motion approved. City of Miami Page 105 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 RE.9 RESOLUTION 3337 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE CITY Estate and Asset CLERK'S CERTIFICATION OF THE RESULTS OF THE Management REFERENDUM SPECIAL ELECTION HELD ON NOVEMBER 7, 2017, AS APPROVED PURSUANT TO RESOLUTION NO. ,ADOPTED , FOR A CHARTER AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"); SPECIFICALLY BY AMENDING SECTION 29-B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY", TO AUTHORIZE THE CITY MANAGER BY A FOUR-FIFTHS (4/5TNS) AFFIRMATIVE VOTE OF THE CITY COMMISSION ("COMMISSION") TO WAIVE COMPETITIVE BIDDING AND TO EXECUTE A FIFTH AMENDMENT ("FIFTH AMENDMENT") TO THE LEASE AGREEMENT ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND ALIGNED BAYSHORE MARINA, LLC ("BAYSHORE MARINA"), ALSO KNOWN AS MONTY'S, FOR CITY -OWNED WATERFRONT PROPERTY LOCATED AT 2550 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA ("PROPERTY"), TO EXTEND THE CURRENT LEASE TERM BY AN ADDITIONAL TERM OF APPROXIMATELY THIRTY-TWO (32) YEARS (TO EXPIRE MAY 31, 2067), WITH TWO (2) ADDITIONAL TEN (10) YEAR OPTIONS TO RENEW, FOR A TOTAL TERM OF FIFTY TWO (52) YEARS (TO EXPIRE MAY 31, 2087); AN ADDITIONAL MINIMUM RENT PAYMENT OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) PER LEASE YEAR (A MINIMUM OF TEN MILLION DOLLARS [$10,000,000.00] OVER THE BASE TERM OF THE AMENDED LEASE) OR ONE AND THREE QUARTERS PERCENT (1.75%) OF GROSS RENT RECEIPTS FROM THE PROPERTY, WHICHEVER IS GREATER, AS ADDITIONAL RENT DUE TO THE CITY AND, COMMENCING JANUARY 1, 2019, MINIMUM ANNUAL TOTAL RENT (INCLUSIVE OF THE ADDITIONAL MINIMUM RENT) SHALL BE ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00), PLUS AN ADDITIONAL TWENTY FIVE THOUSAND DOLLARS ($25,000.00) TO BE PAID ON AN ANNUAL BASIS FOR THE FULL AMENDED TERM TO A SPECIAL FUND TO BE ESTABLISHED BY THE CITY FOR THE BENEFIT OF LOW INCOME HOUSING RENOVATION; FURTHER PROVIDING CAPITAL IMPROVEMENTS TO THE PROPERTY OF A MINIMUM OF SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($7,500,000.00) TO BE SPENT WITHIN THREE (3) YEARS OF THE ELECTORATE'S APPROVAL OF THE FIFTH AMENDMENT TO THE LEASE; THE CREATION OF A CAPITAL ACCOUNT REQUIRING A MINIMUM ADDITIONAL INVESTMENT IN THE PROPERTY OF FOUR MILLION DOLLARS ($4,000,000.00) OVER THE TOTAL AMENDED LEASE TERM, INCLUSIVE OF THE RENEWAL OPTIONS; REQUIRING A TRANSFER FEE PAYMENT TO THE CITY IF THE PROPERTY IS TRANSFERRED OR ASSIGNED; AND FURTHER REQUIRING A REFINANCING FEE PAYMENT TO THE CITY SHOULD THE PROPERTY BE REFINANCED AFTER THE INITIAL REFINANCING; AND PURSUANT TO SECTION 29-B OF THE CHARTER, ENTITLED "CITY OWNED PROPERTY SALE OR LEASE -GENERALLY," AND SUBPART A, SECTION 3(F)(III), ENTITLED "POWERS," TWO (2) INDEPENDENT APPRAISALS HAVING BEEN OBTAINED BY THE City ofMiarni Page 106 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 CITY AFFIRMING FAIR MARKET VALUE OF THE FIFTH AMENDMENT; ACKNOWLEDGING THE CITY'S SEPARATE AUTHORIZATION BY RESOLUTION NO. 17-0323, ADOPTED JULY 13, 2017, OF THE CITY'S RELATED MODIFICATION OF SUBMERGED LANDS LEASE AND WAIVER OF DEED RESTRICTIONS REQUIRED WITH THE STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, AND OTHER RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS. ENACTMENT NUMBER: R-17-0594 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: Now we have RE (resolution) -- let's see -- 9 and 10, 13 -- Let's do 9, 10, 13, and 15; is that fair? Commissioner Carollo: 13 and -- Commissioner Reyes: 13. Yes. Chair Hardemon: Is there a motion to approve those? Commissioner Reyes: Which one; 13? Commissioner Gort: Call them again. Vice Chair Russell: We did allocate -- We did -- what about 12; did we already do that? Commissioner Reyes: 9. Chair Hardemon: Yes, we did 12. Commissioner Reyes: That's right. Chair Hardemon: So 9, 10, 13, and 15. Is there a motion? Commissioner Carollo: Motion to approve. Victoria Mendez (City Attorney): 9 needs to be amended to include a resolution number. Chair Hardemon: Okay. Todd B. Hannon (City Clerk): And Chair, for the record, that resolution number will be R-17-0575, with the date of December 14, 2017. Chair Hardemon: All right. Who is the mover of the motion? Commissioner Carollo: I made it. City of Miami Page 107 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Reyes: And I seconded. Chair Hardemon: Commissioner Carollo -- Commissioner Reyes: Second. Chair Hardemon: -- and then seconded by Commissioner Reyes, including those amendments. Any further discussion on those motions on the floor? Vice Chair Russell: One comment. Chair Hardemon: Sure. Vice Chair Russell: On RE. 13, we're opposing legislation at the State level. This again comes into the preemption conversation. I really believe it's important for us to continue to speak out where we believe local government can speak best for what's good for our municipalities, because we know our local districts best. So opposing this legislation will continue to allow us to regulate tree -- our tree ordinance in the City, and I think it's good for our canopy and our community. Commissioner Reyes: I want to make a comment about that. I agree with you, Commissioner Russell, that we have to protect our right and our authority as an institution, and the City of Miami should have -- I would -- we should have our own ordinance about it; although I do not agree with the present tree ordinance that I think that we have to revisit, but I will support this resolution because of our independence as a city that we should enact our laws. Okay. Chair Hardemon: Any further discussion? Hearing none, all in favor of the motion, say "aye. If The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 108 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 RE.10 RESOLUTION 3343 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), BY A FOUR-FIFTHS (4/5) AFFIRMATIVE VOTE, Improvements APPROVING, AND CONFIRMING THE CITY MANAGER'S Budget EMERGENCY FINDING, AS AGENCY HEAD, ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT HURRICANE IRMA HAS CAUSED A VALID PUBLIC EMERGENCY TO CITY OF MIAMI FACILITIES AS OUTLINED IN EXHIBIT "A" OF THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND INCORPORATED, AND THEREFORE, IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") TO WAIVE THE COMPETITIVE SEALED PROCUREMENT PROCEDURES AND QUALIFICATIONS PROCESS PURSUANT TO SECTION 287.055(3)(A)l, FLORIDA STATUTES, AUTHORIZING THE CITY MANAGER TO UTILIZE ARCHITECTURAL, ENGINEERING AND LANDSCAPE ARCHITECTURE ("A&E') CONSULTANTS CURRENTLY UNDER CONTRACT. ENACTMENT NUMBER: R-17-0618 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.10, please see Item RE.9. REA 1 RESOLUTION 2916 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), ACCEPTING AND APPROVING THE FINDING Management and OF NECESSITY REPORT PREPARED BY PMG ASSOCIATES, Budget INC., ATTACHED AND INCORPORATED, FOR THE NON- CONTIGUOUS EXPANSION OF THE BOUNDARIES OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") TO THE WEST GROVE AREA; DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THE CRA'S EXPANSION INTO THE WEST GROVE, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND THE CODE OF MIAMI-DADE COUNTY, FLORIDA, AS AMENDED. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record. Item RE.11 was continued to the January 11, 2018, Regular Commission Meeting. City ofMian ni Page 109 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 For minutes referencing Item RE.11, please see "Order of the Day. " RE.12 RESOLUTION 3101 A RESOLUTION OF THE MIAMI CITY COMMISSION MOVER: AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE Commissioners ANY AND ALL ACTIONS NECESSARY TO JOIN AND and Mayor PARTICIPATE IN ADDITIONAL PROPERTY ASSESSED CLEAN ENERGY ("PACE") PROGRAMS, INCLUDING THE FLORIDA GREEN FINANCE AUTHORITY, THE FLORIDA RESILIENCY AND ENERGY DISTRICT, AND THE FLORIDA PACE FUNDING AGENCY, INCLUDING NEGOTIATING AND EXECUTING ALL REQUIRED AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-17-0612 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Mayor Francis Suarez: RE. 12 is a PACE (Property Assessed Clean Energy) -- the PACE Program, which simply allows -- well, right now, we only have one provider of PACE programming in the City. This will allow for other companies to come in and provide these energy-efficient retrofits to homes. It's just allows for more competition, which protects consumers. Commissioner Gort: Move it. Competition is good. Chair Hardemon: Been properly moved. Vice Chair Russell: I'll second it for discussion. Chair Hardemon: Seconded by the Vice Chairman. Discussion. Vice Chair Russell: Just three questions. Do we know if we have PACE Programs citywide yet, and how far away we are from that? Commissioner Gort: Yes. Mayor Suarez: No, we do. And -- Vice Chair Russell: This is citywide? Mayor Suarez: Yes. Vice Chair Russell: All districts accepted it? Mayor Suarez: Yes. Commissioner Gort: Yes. City of Miami Page 110 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 Mayor Suarez: So the way we did it was, if you remember, first we did it for commercial properties. Vice Chair Russell: Yeah. Then we did District 2. Mayor Suarez: Then we did it for District 2 and 4, and then we did it citywide. So now we have it citywide, but only one company can do it, and this opens the door for other companies to be able to offer it; potentially compete and offer better rates to our residents. Vice Chair Russell: Thank you. I'll second, yeah. Chair Hardemon: Any other discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mayor Suarez: Thank you, Mr. Chair. REA 3 RESOLUTION 3321 A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING MOVER: SENATE BILL 574, HOUSE BILL 521, AND SIMILAR LEGISLATION Commissioners THAT PREEMPTS LOCAL REGULATION OF THE TRIMMING, and Mayor REMOVAL, OR HARVESTING OF TREES AND TIMBER ON PRIVATE PROPERTY; FURTHER URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE SAID LEGISLATION; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-17-0619 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.13, please see Item RE. 9. City of Miami Page 111 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 RE.14 RESOLUTION 3331 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MOVER: PRESIDENT DONALD J. TRUMP AND THE 115TH CONGRESS OF Commissioners THE UNITED STATES TO REINSTATE TEMPORARY and Mayor PROTECTIVE STATUS ("TPS") TO HAITIANS AND AFFECTED CENTRAL AMERICAN IMMIGRANTS FROM EL SALVADOR, HONDURAS, AND NICARAGUA RESIDING IN THE UNITED STATES; FURTHER URGING PRESIDENT DONALD J. TRUMP AND THE 115TH CONGRESS OF THE UNITED STATES TO EXTEND TEMPORARY PROTECTIVE STATUS TO VENEZUELANS FLEEING THE CIRCUMSTANCES OF THEIR COUNTRY; DIRECTING THAT THIS RESOLUTION BE INCLUDED IN THE CITY OF MIAMI'S 2017-2018 FEDERAL LEGISLATIVE PRIORITIES; AND DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS AS STATED HEREIN. ENACTMENT NUMBER: R-17-0608 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For additional minutes referencing Item RE.14, please see "Public Comment Period for Regular Item(s). " Chair Hardemon: Mr. Vice Chairman, you want to handle any of your plats; RE. 13, RE.14? Right now on RE (Resolution) -- I'm sorry. On the PH (Public Hearing) agenda, we have PH 2, PH. 3, PH 9, and PH. 10. Vice Chair Russell: I'll defer to the Mayor if there were any other items that he wanted to get before lunch that were part of his -- Mayor Francis Suarez: Thank you, Mr. Chair; just a couple, and I'll get out of your hair. One is important, because it's time sensitive. It is "R" -- I'm sorry. It is -- hold on, let me look at my notes here. It is -- I got a little shuffled here -- RE.14. And RE.14 is a resolution of the Commission that is -- and this may be a first, so for the new Commissioners who are here, we're already setting some, I think, good precedent on a lot of things. It's the first time, I think, we've all co-sponsored -- Commissioners and the Mayor -- a piece of legislation. I don't think I've ever seen that in eight years, and I think that's again another example of the unity, despite the fact that there are so many people that would like to see its dis-unified [sic]. I think it's amazing that we happen to be piercing through that and speaking with one voice on issues that are as important as this issue, and it's something that I worked on in particular with the Vice Chair, so I'd like to allow him to articulate the resolution, and then invite all of you outside in the lunch break for a press conference for us to explain the resolution and its impact to the public. Vice Chair Russell: Thank you, Mr. Mayor. Mr. Chairman? Chair Hardemon: Please. City of Miami Page 112 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 Vice Chair Russell: Thank you all for working together with me on this issue; this is important. And some might say that a City Commissioner shouldn't speak about Federal issues, but I believe that we, as a City, bring a perspective to this conversation, temporary protected status for immigrants in our country, that isn't being talked about at the Federal level. At the Federal level, we're talking about the fear of terrorism, the fear of making sure our borders are strong. What we need to be speaking about is the effect that good immigration has on our community from a socioeconomic point of view, from the business within the community, the hotels, the industries. These are not foreigners to us. These are our neighbors, and they're what I call future Americans. Just the other day, my cable was being repaired in my house, and the gentleman was Haitian. And I happened to ask him if he knew anybody who was being protected by TPS (Temporary Protected Service), and he said his cousin, who is -- a job, who bought a house, who is paying taxes, and is currently in the process of selling his house, because he knows his days are numbered. These are not the type of people that we want to see a broad brush sweep out of our country, and I believe that puts it on us as a city to speak for them and say that we want TPS. And I spoke with our Congresswoman, Ileana Ross-Lehtinen, yesterday, who says that things are moving along with DACA (Deferred Action for Childhood Arrivals), but TPS is still having a hard time. And for that meaning -- reason, I would like to make a floor amendment to add DACA, with everyone's permission, if they would accept the amendment, into this resolution, as well. While it is different, it affects a different group of people, and it works under a different mechanism, the spirit is the same. These are people that are here that are serving our community well. They're upstanding residents of our neighborhood, and we want them to stay. Commissioner Carollo: I second that motion, and I compliment Commissioner Russell for bringing this up to this Commission. And he's very correct. There are many issues that this Commission has an obligation and a responsibility to bring to the attention of the Federal Government, and this is one of those, because Miami's one of the main cities in the United States that is affected by those actions or lack of actions of the Federal Government. Mayor Suarez: Mr. Chair, if I may? Chair Hardemon: Commissioner -- Commissioner Gort: Agreed. Chair Hardemon: -- Reyes. Commissioner Reyes: I do agree that we all should be -- we shall recognize the positive contribution that all the immigration -- being a nation of -- being myself an immigrant, you see, that we have to provide the opportunity to those people that they are doing what they should be doing when they come to this country, is working hard, bringing up a family, and we should protect them as much as we can. And it is our duty as elected official, and I will join Commissioner Russell in his -- also, I mean, in his proposal of including DACA on it. I think it's very good. Mayor Suarez: Mr. Chair -- Go ahead. Chair Hardemon: Commissioner Gort. Commissioner Gort: I think you need to realize Miami is a little different from most of the cities throughout the United States, and we can see the impact of immigrants, what is taking place in Miami. We have seen all the progress that has taken place in here. All the people -- Any travelling that I do, anywhere I go, people want to come City of Miami Page 113 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 to Miami, because Miami's the place to be. So I'm all -- that's one of the reasons I'm supporting all this. I mean, we're all immigrants. Chair Hardemon: Mr. Mayor. Mayor Suarez: Thank you, Mr. Chair. I agree with the sentiments expressed by all the Commissioners. We are the place to be, Commissioner Gort, and that's the -- what my high school principal used to say about my high school, so it -- those particular set of words resonate with me. And I agree with Commissioner Carollo and Commissioner Reyes. You know, this is a city of immigrants. We are immigrants or products of immigrants; and so, I -- it -- As a young person that's always felt -- I've always felt a sense of injustice of the unequal treatment of immigrants in this country, and certainly, in this city. If you're law abiding -- Some of the risks that some our immigrants take just to get here, risking their lives. I mean, anyone who risks their life to come to a country to aspire to be free and to be productive, and obviously, you know, is law abiding is someone who should have the right to share in this incredible American dream that we all share in. And I think we are not only the place to be, but we are the city of the future. And I think our city -- having come from a recent event at the Kennedy School for newly -elected Mayors across the country -- our city really represents what this country is going to look like in the future if it doesn't already look like it now. And so, I'm very proud of this Commission for doing this, and I'm, of course, totally supportive. Commissioner Gort: Move it. Vice Chair Russell: I'll make a motion. Chair Hardemon: All in favor of -- Any further comment? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Vice Chair Russell: As amended. Mayor Suarez: Mr. Chair, if we can break for lunch? Victoria Mendez (City Attorney): As amended. Chair Hardemon: That is correct. Mayor Suarez: If we can break for lunch so we can have the --? Chair Hardemon: Right. So at this time, we'll break -- we'll recess for lunch. We'll be back at 2 o'clock. Commissioner Carollo: Can I just make one additional comment before we do? Mr. Mayor --and this is directed to you. Thank you for working with all of us in getting things done smoother. If I could make one suggestion, this is based on your phone call to me -- Mayor Suarez: Yes. Commissioner Carollo: -- on primary election day that you wanted suggestions. This is one I'm giving to you, and out of good faith, please accept it that way; obviously, you decide how you want to deal with it. I think -- I know other Mayors City of Miami Page 114 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 did it differently, but I think you would do maybe better, the public will see you better, you'll be more part of our government if, when you address the Commission, you could do it from up here. You could sit between myself and the Chair, or the Chair and the Vice Chair, and the public would look at you better. You know, you would fit more in the group. But it's up to you. If you feel more comfortable that way, it's fine; but, you know, it's your decision. I'm just saying that I did it that way from up here when I was -- Mayor Suarez: Well, I appreciate -- Commissioner Carollo: -- the first Executive Mayor, and you could do it either way, as others did it, but you might like it up here better. I don't know. Mayor Suarez: -- I appreciate -- Commissioner Carollo: You're welcome. Mayor Suarez: -- the piece of advice. I'll talk it over with our Chair. But I spent -- I worked really, really hard so I can get on this side of the dais. Commissioner Carollo: We really -- Mayor Suarez: No offense to you guys. Commissioner Carollo: -- are all on the same side. We're part of the same government. Commissioner Reyes: Absolutely. Mayor Suarez: Absolutely, of course. Kudos to you for that. Thank you. Thank you. RE.15 RESOLUTION 3386 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 17-0545, ADOPTED NOVEMBER 16, 2017, Commissioners WHICH ALLOCATED $179,000.00 FROM THE DISTRICT 3 and Mayor DISCRETIONARY SPECIAL REVENUE ACCOUNT TO A HUMAN RESOURCE SPECIAL REVENUE ACCOUNT TO BE USED FOR THE TRANSITION OF DISTRICT 3 PERSONNEL PURSUANT TO ADMINISTRATIVE POLICY MANUAL ("APM") 1-02 DATED FEBRUARY 5, 2002 FOR UP TO ONE (1) YEAR; ENACTING THIS NEW RESOLUTION RETURNING FUNDS IN THE AMOUNT OF $171,800.00 FROM THE HUMAN RESOURCE SPECIAL REVENUE ACCOUNT BACK TO THE DISTRICT 3 DISCRETIONARY SPECIAL REVENUE ACCOUNT IN ORDER TO REIMBURSE THE DISTRICT 3 ACCOUNT SINCE SAID ALLOCATION EXCEEDED THE THREE (3) MONTH TRANSITION PERIOD PERMITTED IN APM 1-02; RECOMMENDING THE CITY MANAGER TAKE ALL STEPS NECESSARY TO ENSURE THAT THE POLICIES OF APM 1-02 AND THIS RESOLUTION ARE COMPLIED WITH. ENACTMENT NUMBER: R-17-0602 City of Miami Page 115 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.1 S, please see Item RE.9. RE.16 RESOLUTION 3387 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING MOVER: THE CITY MANAGER TO IMMEDIATELY CONDUCT A Commissioners NATIONWIDE SEARCH FOR QUALIFIED CANDIDATES FOR THE and Mayor POSITION OF THE NEXT CITY MANAGER; FURTHER DIRECTING THAT A LIST OF THE TOP SIX (6) QUALIFIED FINALISTS BE PROVIDED TO THE MAYOR FOR CONSIDERATION IN HIS APPOINTMENT IN THE MOST EXPEDITIOUS MANNER POSSIBLE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Notes for the Record. Item RE.16 was continued to the January 11, 2018, Regular Commission Meeting. RE.16 RESOLUTION 3387 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING MOVER: THE CITY MANAGER TO IMMEDIATELY CONDUCT A Commissioners NATIONWIDE SEARCH FOR QUALIFIED CANDIDATES FOR THE and Mayor POSITION OF THE NEXT CITY MANAGER; FURTHER DIRECTING THAT A LIST OF THE TOP SIX (6) QUALIFIED FINALISTS BE PROVIDED TO THE MAYOR FOR CONSIDERATION IN HIS APPOINTMENT IN THE MOST EXPEDITIOUS MANNER POSSIBLE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes City ofMian ni Page 116 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 RE.16 RESOLUTION 3387 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMMEDIATELY CONDUCT A Commissioners NATIONWIDE SEARCH FOR QUALIFIED CANDIDATES FOR THE and Mayor POSITION OF THE NEXT CITY MANAGER; FURTHER DIRECTING THAT A LIST OF THE TOP SIX (6) QUALIFIED FINALISTS BE PROVIDED TO THE MAYOR FOR CONSIDERATION IN HIS APPOINTMENT IN THE MOST EXPEDITIOUS MANNER POSSIBLE. MOTION TO: Deny RESULT: ITEM WAS DENIED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Reyes NAYS: Carollo Note for the Record: For additional minutes referencing Item RE.16, please see "Public Comment Period for Regular Item(s). " Chair Hardemon: The only other item on the RE (resolution) agenda is RE.16. Commissioner Carollo, do you want to address that item or --? Commissioner Carollo: Well, my understanding, there was an RE.16. Is this the one that you're talking about? Chair Hardemon: Correct. Commissioner Carollo: I understood that the Mayor had requested for this to be brought back, RE.16, right? Chair Hardemon: You mean it's for another day; is that what you're saying? Commissioner Carollo: Well, when we were here in the morning -- Commissioner Gort: Yeah, we -- Commissioner Carollo: -- this is a resolution that is approving the City Manager, but he stated that he was going to be bringing this back on the meeting of the 11 th. Chair Hardemon: Okay. Sothis will be pushed to the 11th. Commissioner Carollo: Yeah. Chair Hardemon: Okay. So I just want to make it very clear. So then let's have the mover, being Commissioner Carollo; I'll second; that this be brought back on the 11th. Commissioner Carollo: Right. Chair Hardemon: So that will be a continuance -- Commissioner Carollo: Yeah, that -- City of Miami Page 117 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: -- to the 11 th. Commissioner Carollo: --continues to the 11 th. Chair Hardemon: All right. Any -- Commissioner Carollo: Unless the Manager could stay longer. Chair Hardemon: --further discussion? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All right. That motion passes. Later... Chair Hardemon: Okay, so now we'll move on to our PZ (Planning & Zoning) agenda. I know we have to move on to the next -- Commissioner Carollo: Before we do, Mr. Chairman, I told you this morning -- I warned you I didn't bring the smart pills today, so you're going to have to be a little patient with me, catch up; if we could go back and revisit RE. 16, and on this one, I'd like to open it up for discussion so that we could go a little bit into history and the members of the Commission can understand what I'm trying to accomplish here. In RE. 16, I'm asking for a search. I call it a national search, because it is a partial national search. What I'm really looking for is that we get a firm that does a transparent process, like the first time ever that we had an Executive Mayor in our system, we did -- I did with the Commission, and we held a national search before I appointed the first Manager under the Executive Mayor form of government. The way that I envision it is that they give us three names that are the best people they think from throughout the country or throughout other parts of the State, and three local people, so that we have a guarantee for the Mayor to consider, and bringing to us at least three local names besides three national ones that we could look at. Why am I talking about this process? Because Miami is not a Coral Gables, a Doral, if I may say; a Sweetwater, an Aventura that are cities of 50,000 people or less, with small budgets. We're a city of now hitting close to halfa million people, a budget of over a billion dollars. Someone is going to immediately have $400 million in bond monies to deal with, and many other major problems that small cities do not have. And while some might think that, gee, $25,000 is too much money for us to spend on a search for the best Manager, local and national, I say to you that history has shown us time and time and time again that once we get away from truly going and finding the best person available and we do things not transparent that it does end up costing us much more. And if you look at any meeting that you attend here, you see that we spent 25, 35,000, and much more every meeting on many, many items that are not significant at all; certainly nowhere significant of having the best professional, qualified City Manager that you can. And I'll tell you the history that I had so that there's no doubt. I said that the first City Manager under this system that we had was done through a national search. What happened with that Manager was that when we had the voter fraud election, he got fired, and they preferred to pay an honorable, honest Manager $250,000. That's what his contract said that he would have to be paid if he was fired before a certain time before -- instead of having him stay a City Manager. When I came back close to four months later, I had to compromise in dealing with a City Manager. I wanted that Manager to come back. A majority of the Commission did not want that, so I had to compromise and accept someone that was not my first choice. And that's the history of that situation. I would like for this Commission to, you know, have an open discussion in the City of Miami Page 118 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 sunshine, which is the only way that we could do it, on a process that we can establish, where the Mayor is the person that picks at the end from that process whom he wants to nominate, and there's no doubt in anyone's mind that it's been a transparent process, a fully open process. And then, it's done like what our form of government says that it should be; just like in Washington. The President gets to nominate and pick someone for a position, but it is the Congress that gives the final approval; so does our Charter says that this Commission has an obligation to give a final approval to whomever a Mayor chooses. And we have as much responsibility in that process -- and when I say "we,"I'm saying any Commission that's here now or in the future -- as this Mayor or any future Mayor in following that process in approving or not approving a City Manager. So this is about trying to start in the right foot, like I tried to get started the first City Manager under an Executive Mayor process in a transparent -- the most transparent way that you can. And that's not taking anything from this Mayor or any future Mayor. They have a right to decide whom they're going to present to the Commission. And boy, I will back that right a hundred percent to whomever the Mayor want, just like I had it back then. But the Commission has not just the right, but an obligation under the Charter to be able to look, study, and be convinced that that's the best choice for the City into the future. The City has great needs. It needs someone that most of all is going to have a heart for those needs in our city; individuals that need housing -- so many of our people need housing; has to confront a drug epidemic where on a daily basis, we're having many of our residents be picked up in the street, dead from drug overdoses; and constant weekly random shootings, drug related, with drug gangs that are shooting at each other. So this is not taking anything away from the Mayor; it's establishing a process. I don't remember, Commissioner Gort. I think you -- Commissioner Gort: I was here. I was here. Commissioner Carollo: -- were there back then. We went through that process -- Commissioner Gort: I seen all the changes. Commissioner Carollo: -- the initial one. Commissioner Gort: Yeah. But I seen all the change that have taken place, yeah. Commissioner Carollo: Yeah. And so, that's what I'm saying, and this is what I'm talking about in this resolution; that we establish a transparent process where we try to present the best candidates that we can, and we make sure that whatever company is chosen to be a headhunter knows that they have to bring half of those candidates that are local, but that you still get a picture of some of the most qualified from the outside, in case we might find that we have an extraordinary individual out there. And, yes, when I was chosen Manager of Doral, it was done during a crisis that the Mayor at the time had gone through two Managers, and there was no national search. But as I said, Doral, like many of our other cities -- it's a big difference when you're talking about a city of 50, 000, with a budget that was 68 million, that I brought down immediately to 38 million in a budget amendment to a city of the size and importance of Miami, with close to half a million people, a budget of over a billion dollars, and so much more; a Brickell Avenue that's the financial center of Miami -Dade County, and a downtown that's the downtown of all of Greater Miami. So I'd like to hear from my colleagues and see what opinions there are. Chair Hardemon: I'll say, Commissioner Carollo, you asked for indulgence. I gave you that -- Commissioner Carollo: Thank you. City of Miami Page 119 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: --because, you know, what you put on the table for us to discuss is -- I mean, you put forth a debate, if you will. This Item RE. 16 was continued to the January meeting. And typically, motions to continue be considered, things of that nature, we don't have -- we have very limited debate about them, because it's obvious that we're trying to -- you want a limited amount of time to discuss a procedural motion so you can get to the substance of whatever motion there may be. So, you know, if -- All of us thought that we would be having this discussion for RE. 16 at our next meeting, because that's what the motion is on the floor. And if we're trying to reconsider that previous motion, then that has to be something that the body has to agree to, without much discussion at all. And so, if -- and forgive me, because I -- the language escapes me right now -- but if you want to reconsider the motion to continue the item, then I think that's an appropriate motion to make, have a second; no further debate about it, and let's vote on that; if not, then this is going to be heard at our next meeting, because I think the motion to reconsider lets you know, first of all, is there an appetite to discuss this today, right? And then -- and if that passes, then let us consider it today. Commissioner Carollo: Well -- Commissioner Reyes: Yeah. Commissioner Carollo: -- what I was trying to accomplish, Mr. Chairman -- and I thank you for letting me speak -- is to try to get a Commission flavor to have the Commission start thinking of how they want to proceed in different ideas, and to make sure that the Commission understands what I'm presenting so that we don't come January 11 -- you know, none of us have the advantage of speaking to each other. We're bound to the Sunshine Law, so the only way that you will have an idea between now and January 11 is by what I say here now, because we don't have any other meetings. Chair Hardemon: Right. Commissioner Carollo: And I want all of my colleagues to be appraised where I'm coming from, where I'm heading with this, so that we could deal then with this motion first, like it was in the agenda here before, on the Il th; and then, we deal with the second motion, as we had here, that would be the designee that the Mayor would make at the time, if he wants to make it at the time. Mayor Francis Suarez: Mr. Chair -- Commissioner Carollo: And that's all I'm trying to accomplish. Chair Hardemon: Okay. You're recognized, sir. Mayor Suarez: Thank you. I have no problem dealing with this issue substantively now, because, obviously, it affects what happens on January 11, so I have no problem discussing, debating, deciding this issue right now on whether or not it's necessary for us to do a national search for a Manager. Obviously, I've already made my intentions public about who I want to select as Manager, based on that person's qualifications, being a 20 year resident of the City. I think the person has exemplary qualifications, and I believe that the Charter vests in the Mayor broad discretion to select a Manager; subject to, of course, ratification by the Commission, which --for which I've always given, as a Commissioner, very broad latitude to the Mayor, based on, you know, minimums of -- you know, making sure that person's minimally qualified to do the job; and other than that, I've allowed the Mayor to make their selection out of deference to the Mayor, because it's one of the things that the Constitution and the Charter requires the Mayor to do. And I think -- yeah, I City of Miami Page 120 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 think the voters of the City of Miami, most importantly, decide who the Mayor is, and based on that decision, our -- giving the Mayor a vote of confidence on who that person decides, which is why I think, historically, I'd say maybe there was one national search in 17 years; maybe one of them was done by Commissioner when he was Mayor, but there were other ones that were not done, and I don't think it's been done at other times, and it certainly wasn't done in the five that were ratified when I was a Commissioner. And so, I think it makes a lot of sense to deal with this issue now so that we don't have to deal with it, you know, at the next Commission meeting and confuse the issues of ratifying a very qualified and capable candidate with, you know, some distraction on that issue. Commissioner Carollo: Well, that's totally up to this body, if it wants to -- Mayor Suarez: Yeah. Commissioner Carollo: -- deal with it now. I expressed what my intentions were now, and with all respect -- and I sincerely mean that -- to the Mayor, our system, just like in Washington, is a system of check and balances. We don't have a monarchy here; it's a democracy. We have a republic, and everything is dependent, thank God, on check and balances; just like the President can't name whoever he wants in whichever way he wants, because the check and balance is the Congress and the Senate. Here, the way the citizens designed our Charter was that the check and balance would be a Commission; that the fact that a Mayor is selected doesn't mean he gets a free ride in naming whoever he wants if the Commission wants to do its job and have a check and balance. I had that check and balance on me where I had to discuss with the Commission, and I didn't end up with the Managers that I wanted on some occasions. I had to accept some others in discussions. So it's not anything personal with Mr. Gonzalez. I don't know the man; you know, I know very little about him. He very well might be the best potential candidate out there; then again, he might not be. I don't know, and I won't know that until I really see what's out there, how many people locally might be interested in the job that are qualified, or how many people outside of here might be interested that are also qualified. (UNINTELLIGIBLE) certainly -- Vice Chair Russell: Mr. Chair, I'd like to make a motion. Chair Hardemon: Motion to rescind? Commissioner Carollo: -- has the option of making it a local search, also. Mayor Suarez: Mr. Chair, if I may? Vice Chair Russell: I'd like to make a motion, because we're getting into the discussion of the substance while we've actually continued this item, so I would like to make a motion that we rescind our vote on RE. 16 so that we can actually take up the substance of the item. Chair Hardemon: It's been properly -- Vice Chair Russell: Is that not the right motion, Mr. -- Chair Hardemon: I would think so. Todd B. Hannon (City Clerk): It's a motion to reconsider. Vice Chair Russell: Reconsider. Thank you, Mr. City Clerk. City of Miami Page 121 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: I would say it's to rescind, because "reconsider" means that you're reconsidering the question, and the question was to continue. So then, you'd just be saying, "No, I don't want to continue it, " and then it'd be on the table. Just -- the motion to reconsider or rescind is -- I think is proper. It leaves the question still on the table. So I'll second the motion to rescind. Is there any further discussion on the motion to rescind? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion passes. So RE.16 is up for consideration to conduct a national search -- Mayor Suarez: Mr. Chair, if I may? Chair Hardemon: --a national --nationwide search for a qualified City Manager. Mayor Suarez: Thankyou, Mr. Chair. Chair Hardemon: You're recognized. Mayor Suarez: I actually agree with the Commissioner. I think he's absolutely right that it is a system of checks and balances, and I think the Mayor has a role to play and the Commission has a role to play, and I think the Commissioner has a role, by and through the Commissioner's vote in representation of his citizens, based on who the Mayor chooses. And if the Commissioner is not satisfied with the process by which the Mayor engaged in to select that person or the qualifications of that person, then the Commissioner has the option, every right to vote against that person if he doesn't feel that either the process or the person was properly chosen. Part of the reason why I deferred the item of the selection of the Manager today was precisely so that the Commissioners would have an opportunity to meet with the Manager and get better -- get to know the Manager, ask whatever questions were needed of the Manager so that when that critical moment came, the -- you know, the Commissioner had the ability -- or the Commissioners had the ability to decide whether that was -- that person was qualified or not. I think -- where I think -- and I don't want to get into a constitutional discussion, but I think the voters of the City of Miami vest the Mayor with the right to choose that person, and the Commission with the right to rates or not rates that person. I think it's very clear, it's very simple, it is a check and balance, and that's the way I'd like to do it, with all due respect. Vice Chair Russell: You're requesting a motion for what? Mayor Suarez: I'd like to have a motion to vote down RE. 16. Vice Chair Russell: I'll move to deny RE. 16 Mayor Suarez: Move to deny. Commissioner Gort: Second. Chair Hardemon: It's been properly moved and seconded to -- Commissioner Carollo: Further discussion? Vice Chair Russell: Deny the resolution. Chair Hardemon: No, right. City of Miami Page 122 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Vice Chair Russell: For discussion. Second for discussion. Chair Hardemon: That Alzheimer's is kicking in. It's been properly moved and seconded to deny RE. 16. Is there any further discussion on the motion to -- Commissioner Carollo: There is. Chair Hardemon: -- deny? You're recognized, sir. Commissioner Carollo: As I further stated, the Commission has the option of bringing this into a limited search to a local search, or a hybrid of getting three or more people recommended as the best candidates on a local level, and a few others on a national level. My whole purpose here is that I don't want to be part of something in the future that explodes on us because we didn't do a transparent search for a Manager. The Mayor, obviously -- and I defend that -- has the right to propose whoever he wants. That doesn't take away our responsibility from making sure that we try to go about the process in the most transparent way that we can, and I'm not seeing that transparency in the process so far, and I'd like to see real transparency in the process, because when you have transparency, that's what gives you the protection from mistakes of the past to come again, so as long as the Commission knows that they have within this resolution the ability to limit, if it's more of a narrow search or of a ample search, or totally a local search. If there is no one else that wants to make any statements, then we'll proceed and it's up or down; whatever the Commission wants. Commissioner Gort: Yeah. Chair Hardemon: Any further discussion? Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized, Vice Chair. Vice Chair Russell: Thank you. Commissioner Carollo, I understand you're looking for transparency and process, and we all completely agree with you on that. Nobody here is trying to pass something without oversight of the community and full involvement in public hearings. But I believe that our Charter -- our Code does set out a path where we are giving discretion to our Mayor to choose his leadership team. The public process and transparency is our ability to rates that person. Now, if one of us is unsure or actually completely disagrees with his choice, our vote and our discussion, and our urging of the Commissioners will lead to that. But for us to second guess his ability to even start that choice and that we create a selection that he has to choose from that we then ratify, I believe it's going against the precedent of the system in which we're -- expected our elected Mayor to choose that Manager, because they have to work as a team. We all have to work as a team, but that Administration has to work lock step. And if he has a leadership team that he has vetted and chosen in place, we have to vote that up or down, in my mind, but I don't believe we have to second guess the Mayor on starting a search process on his behalf, and that's why I'm not speaking against transparency and process; I'm speaking for the transparency and process that we have. That's all. Commissioner Gort: Mr. Chairman? Chair Hardemon: You're recognized, sir. Commissioner Gort: I think the transparency comes when it comes to us. I mean, I already sat down with the gentleman. I did some investigation on the gentleman, his City of Miami Page 123 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 background, and his ability. We are the one that have to say 'yes" or "no." I mean, the selection -- he makes the selection, but we make -- we confirm or deny it, so it's up to us to -- if we agree with it or not. Commissioner Carollo: Look, let me clarify something that I just heard from Commissioner Russell that I think needs some major clarification. When you say that he works -- he's going to be working with the Mayor, responsible, Commissioner, whoever the Manager is better understand that he has six bosses here; five that sit up here, and the Mayor; and that he's going to work with all of us; that a Manager is just not going to come here and be the Manager to serve one elected official, because that's not what our Charter states. Chair Hardemon: He won't last too long. Commissioner Carollo: Well -- Commissioner Reyes: That's right. Commissioner Carollo: -- you know that. And so, I want to clarify that. And the transparency part is if for any reason -- and I don't know -- you know, maybe after I do my due diligence on Mr. Gonzalez and meet him, I might think, you know, he's the best guy around, you know. We might bond even more than he might have bonded with the Mayor; I don't know. Mayor Suarez: Hopefully. Commissioner Carollo: But I will say this to you: What, if for any reason, this Commission votes him down and doesn't agree with him? Then I don't know how many more people the Mayor has; whereas, if you go through a transparent process, you immediately have more people that are qualified that could have been vest -- vetted already that you could go through, and no one can deny that it was an open process, and the Mayor had the right to tell us whom he thought was best, and that's all that I'm saying. At the end of the day, whatever decision this body wants to make, I'm fine with, but at least had the opportunity to say -- Commissioner Gort: Yeah. Commissioner Carollo: -- "Let's do a proper process, open, in the sunshine." Chair Hardemon: Any further discussion? Commissioner Reyes: Yes. Yes, I have something to say about this. I understand, Mr. Carollo -- Commissioner -- your concern that you want transparency and that you want the best man chosen to --for the work. I, for one, am totally opposed to national searches, and I'm opposed to national searches because if you go back in history, and you all and I, we know a couple of people that were brought all the way from -- I'd say Michigan or something, to name one, that you were here at the time, and it was a disaster. The School System had the same problem; Coral Gables had the same problem. And I think that we have a lot of local talent that we have to pick for; full of local talent. I don't want anybody that comes -- and you mentioned something that is true. We have a city that is unique; it's a unique city. I don't want anybody to come here to -- that we have to teach him what Little Havana means for the Cuban or what Liberty City, Overtown, and the reason that Overtown is like it is now, you see? I want local talent. Now, having said that, we're talking about transparency, and I think that transparency, it is -- there is transparency. The Charter gives this man the right to pick whoever he chooses, but also give us the right to vote him out or to vote him in, you see? And it's not -- that is check and City of Miami Page 124 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 balances. That is check and balances. Now, whoever the Mayor picks, the Mayor is accountable for the actions of that person, that individual, you see? There is accountability that's in there, also. So the people of Miami should know that if the City Manager is acting in a way that is hurting the interests of the people of Miami, the Mayor is at fault. And we, as the legislative body, we have to let everybody know and let the Mayor know that that City Manager is not acting in the best interest of the City, and it is our duty to try to get him out and vote him out, and keep him out. And if the Mayor doesn't want him out, we'll just go to the public and -- to let them know. So he is responsible for his decision, and we are responsible for either rating him and get him out. And with all due respect, I don't want to start -- you see, in all the process now of trying to pick, part of six people, and if that is according to the qualifications of this individual -- it's nothing against him -- if he throws his application and he is one of the people that's going to be chosen, you see, in the final analysis, he is going to bring us with a name, so we have to vote in or out. You understand what I'm saying? Commissioner Carollo: I under -- Commissioner Reyes: What I'm saying is, let's give him that deference and be totally alert if his pick, it doesn't work, I mean, for the benefit of all the districts, of all the bosses. Well, I'll be the first one that is going to move to fire the Manager, you see? Chair Hardemon: All right. Commissioner Reyes: Having said that, I think that we should vote. Chair Hardemon: Seeing no further discussion on the motion to deny or reject RE. 16, is there any --? I'd like to move to a vote. All in favor of the motion to deny or reject, say "aye. " Commissioner Reyes: Aye. Vice Chair Russell: Aye. Commissioner Gort: Aye. Chair Hardemon: All against? Commissioner Carollo: Nay. Chair Hardemon: Motion passes. Mayor Suarez: Thankyou, Commissioners. Chair Hardemon: Thank you very much. Now, I'd like to start our PZ (Planning & Zoning) item. I know that you need to change over your tape, and as soon as you're done, give the signal to the -- Madam City Attorney. Madam City Attorney, then you can start reading into the record your script. Fair? Commissioner Carollo: The PZ. City of Miami Page 125 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 RE.17 RESOLUTION 3388 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE MANAGER TO RESCIND THE CITY OF MIAMI'S ("CITY'S") Commissioners TRAFFIC INFRACTION DETECTOR PROGRAM BY DIRECTING and Mayor THE CITY MANAGER TO TERMINATE THE CITY'S AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS, INC., AND DISMANTLE THE CITY OF MIAMI POLICE DEPARTMENT'S RED-LIGHT CAMERA PROGRAM; FURTHER INSTRUCTING THE CITY MANAGER AND THE ADMINISTRATION TO FIND NEW REVENUES AND/OR TO REDUCE CITY EXPENSES TO MITIGATE THE BUDGETARY SHORTFALL THAT WILL OCCUR AT THE TERMINATION OF THIS PROGRAM. ENACTMENT NUMBER: R-17-0620 MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Joe Carollo, Commissioner Manolo Reyes, Commissioner Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item RE.17, please see "Public Comment Period for Regular Item(s). " Mayor Francis Suarez: I'd like to next take Item 19, 17, and DL 3, which are three parallel items which have the effect of terminating for convenience the Red Light Camera Program. I want to make two statements regarding this. The first is that there are often many times in our public service where many competing interests that are good competing interests come into conflict. And certainly, the Cure for Paralysis, led by Mr. Buoniconti and Jackson Hospital are two of our most prized institutions in this community. And so, I think the Commissioners, I'm sure, that have sponsored this legislation, including Commissioner Carollo, all have a heavy heart regarding the potential impact of this termination. At the same time, we live in a very poor city, and I have just had too many stories of Rosa Rey. Rosa Rey is one of many people who receives $635 a month from Social Security, but pays $731 in rent. And I don't know how Rosa Rey and so many others like her find a way -- through family help, through family support -- to eek by a living every single month. You know, we talk about disposable income and we talk about this being the second highest rental market in the U.S. (United States), and we've all talked about that. It's amazing how many stories you hear of people that are actually either living where their monthly Social Security check either pays only -- 80 percent of their rent takes up the whole monthly Social Security check; or in some cases, the rent exceeds the monthly Social Security check. So it creates a situation where people -- And we talk about disposable income -- 50 percent disposable income, 60 percent or 70 -- whatever is healthy. They have no disposable income. In some cases, they have negative disposable income, because they have to be subsidized by their family members. And so, I think that was the driving force for us to co-sponsor a resolution that cancels for convenience this program. It's for the Rosa Reys of our community that are in all of our districts, by the way. I want to -- you know, I tried to do this in 2013, and many of the members for the Cure for Paralysis came, and that's something that impacted me, without a doubt. I tried to do -- to support State legislation in January of this year, and unfortunately, that did not succeed at the State legislative level. But because of those experiences, I realize that this program, which negatively impacts our residents at such a high degree, from an economic City of Miami Page 126 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 perspective, and is so unpopular does provide some positive benefits to other organizations that are doing incredible work in our community, so because of that, I reached out to Speaker Designee Jose Oliva, from the Florida House of Representatives. And Representative Oliva sent me a letter stating the following, and I'm going to enter it into the record: "Dear Mayor Suarez: The Miami Project to Cure Paralysis is a world-class investigative research program funded in part by the City of Miami's Red Light Camera Program, whose cutting edge discovery, translational, and clinical investigations target spinal cord and brain injuries; as such, you have my full commitment that should the City terminate its Red Light Camera Program, I will work with my colleagues in the Florida House of Representatives to ensure that funding for the project be included in the House Appropriations Bill for this upcoming legislative session, to make up for any shortfall in revenue resulting from the termination." And it's signed, "Jose Oliva, State Representative, District 110," who is the incoming Speaker of the Florida House. And you can enter that into the record. This is something that we need to do together. This is not an individual proposal. This is something that I'm very happy, as Mayor, to see that all the Commissioners and I -- pretty much all the Commissioners either supported this or created a parallel resolution, which essentially did the same thing. And I think, to me, that's a demonstration of unity; and to me, that's a demonstration that we all feel that we need to fight for the Rosa Reys of our community. And so, I would humbly request that the -- any Commissioner please make a motion on RE.19, 17, together; and the discussion item, Discussion Item -- Commissioner Carollo: Motion made, Mr. Mayor. Commissioner Reyes: Second. Mayor Suarez: Thankyou. Vice Chair Russell: It's been moved and seconded. Any further discussion? Commissioner Gort. Commissioner Gort: Let me speak on this, because I think it's very important. Most of us inherit this before 2010. This case was in court, and it came back to us. And as I was walking throughout all the different campaigns, all you hear is the complaint about the red light cameras, the red light camera. And for the last three years, I've been telling the industry, I've been telling those people, "Please bring us information why is -- what the cameras doing." I been waiting for three years to bring me the information. Nobody has bring [sic] me the information. All you hear is negative. You go to radio stations; all you hear, people speaking against the camera. Most of these individuals got elected now, they were going door to door, and the reason -- the biggest complaint they got is the red light camera. And the other reason I'm doing it today is because at that time, if we were going to -- done it two years ago or a year ago, we would have a liability of millions of dollars. At this time, according to the contract, the contract is up. I have not received any information from the industry or from the Police, telling me all the benefits that have taken place. Vice Chair Russell: Thank you, Commissioner Gort. Any other comments? Commissioner Carollo: Yes, Mr. Chairman, ifI may. Vice Chair Russell: Commissioner Carollo. Commissioner Carollo: I'd like to ask a question of the City Attorney, and while she's verifying the answer for me, I'd like to make a statement. Madam City City of Miami Page 127 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Attorney, could you verify for us -- because I want to make sure that we're perfectly in line with the contract -- when was the first time, the first month and date that we could've exercised the right under the contract to do away with this contract with -- giving them the 60 -day notice that we would have to give today? If you could be looking at that, I'm going to make a quick statement; and, hopefully, when I'm done, you'll have the answer for me. But I want to state why I've taken this position, why I made a promise when I ran that at my first meeting, I would present a resolution to do away with red light cameras. First of all, there is hardly a red light in the City of Miami that the yellow light before is synchronized with the same seconds as one to the other when they change. You have such a wide range that in one area, one corner, the yellow light changes in a few seconds; in another one, it changes much longer. So it's impossible for any individual to really be able to time one yellow light before it goes to a red light to another, because they change -- you don't have any standard on them. Secondly of all, when we talk about people running red lights, let's talk about the reality of this. From the information that I've gotten, it's something like 80 percent or so of the people that have gotten tickets for supposedly running a red light; that has been one second or less. Now, in that time, to get a ticket that for some people is going to throw them off in their whole monthly budget, if not two or three monthly budgets, I think is not fair. Thirdly, what's been happening -- and this is not one or two people; I've gotten dozens and dozens that have not only told me, but they've shown me what they've gotten -- that for some strange reason, there have been thousands of our residents that never have gotten the original $158 ticket. The first notice that they get is when they receive a second notification that says, "You haven't responded to your first; now you have to pay $277. " And, look, I could understand someone making a mistake, or someone maybe fibbing to me, but when you have dozens and dozens of people that are telling you the same story, you have to know that something's up, and it's a pattern that is happening, and it's more than just a few people. Last but not least, what I have been able to observe myself is that with all the additional traffic that on a daily basis we have in Miami -- and I say that because it is on a daily basis, the traffic gets worse, whether you're in Miami, you're in Aventura, you're in Palmetto, and God forbid if you have to drive to Doral. I'm glad I'm not doing that anymore. And everyone is braking half a block before they even get to the red light, because they're petrified to run that red light by a fraction of a second. So what does it do? One, you're slowing traffic up even more so than what we have already, because so much traffic. And two, it is causing more accidents from rear -end collisions. So for all those reasons is why I presented this, and I'm voting to do away with red light cameras forever in the City of Miami. We have a very poor city, and for the last -- well, since 2010, when this was first instituted, it's close to $120 million that our residents have paid out. That's a huge amount of money that's been taking out of our community for the most part, and hasn't been left here to circulate for new jobs, to keep other jobs so that our businesses would be privy to our people spending that money here. And when you hear the stories, as the Mayor described one to you, that we all have heard in our communities of people that can't pay that $277, because they never got the original 158; or can't pay the 158, and they call to see if they can make payment arrangements. And they tell them, "No, you got to pay it right now, or your license is going to be suspended." So this is not fair; and frankly, this has not been about protecting our residents. This has been to generate money for a variety of areas, including the people in red light cameras. The biggest concern to the City of Miami has been net $4 million, like our good fine officers from the FOP (Fraternal Order of Police) think that it's going to cost us. It's been slightly over $6 million that it's supposed to be bringing to our general fund this year. So it's revenue -generated,• that's why we have so many red light cameras, and this is why you don't have them in some areas of the City and you have them in others, also. And last but not least, I have to be responsible, also; we all have to. And this is why I included in the resolution that I presented -- I'm assuming the Mayor has it in his, but if not, he's going to be asking the same thing that I am, and all of us are of the Administration to City of Miami Page 128 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 come up with new ways of creating recurring revenue to make up for that and/or cutting back on some parts of the budget. And I welcome all our colleagues to do the same. I think we have to do it as a whole. I'm certainly in the future going to present other ideas how we can make up for that shortfall, but I'm sure the Administration is going to have other ideas. Chair Hardemon: Thank you very much, Commissioner. Commissioner Carollo: Thank you. Chair Hardemon: Are there any further comments from the dais? Commissioner Reyes: I want to add that in my district, District 4, we have 21 red light cameras; 21 red light cameras. And as I went door to door and I went visiting all my constituents, all the voters and residents of that district, I heard the same story. And Commissioner Carollo, I mean, I cannot say anything. I cannot add anything to what you said and what Willy said -- I mean Commissioner Gort said. And I do agree with the action that we are taking and we -- what we have to do. I want -- the only thing that we have to add is that we will have -- and I would like to suggest that we establish a traffic police. You see, we all know that traffic is very, very -- it is dangerous to drive in the City of Miami or in all Dade County. But I think that police enforcement, it will be a deterrent to those people that they drive in a very -- I will say that -- dangerous or in a way that they will affect the -- well, the end of our citizens. And so, I will suggest that we establish -- that is, increase our police officers --force -- and make them specifically that they will enforce our traffic laws. Mayor Suarez: Thankyou, Commissioner. Chair Hardemon: All right. So it's been properly moved and seconded that we approve Items RE. 17 and RE. 19. Is there any further discussion on the matter? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Commissioner Carollo: Thank you, Mr. Mayor. Mayor Suarez: Thank you, Commissioners. And thank you for the collegial way in which we handled this item. Later... Commissioner Carollo: Mr. Chairman, I had asked the City Attorney to come back with a date, if we could get it on the record already, and the question of -- that I put to her was: "When was the earliest date that the Commission could have cancelled the red light contract, giving them the 60 days' notice?" Ms. Mendez: August 11, 2016. Commissioner Carollo: Okay. August 11, 2016, which is close to a year and a half back. Mayor Suarez: Mr. Chair, ifl may? Chair Hardemon: Please; you're recognized. City of Miami Page 129 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Carollo: Okay, thank you. Mayor Suarez: And I had this discussion with the Commissioner. I was under the impression, Commissioner, that it was August of this year. Commissioner Gort: Four months, yeah; months. Mayor Suarez: The City Attorney and I had aback and -- Commissioner Carollo: It's fine. Mayor Suarez: Right. Commissioner Carollo: You and I both weren't sure -- Mayor Suarez: Right, right. Commissioner Carollo: --because we were told different things. Frankly, I was told it was even later. Mayor Suarez: Right. Commissioner Carollo: You were told it was closer. So we both got the wrong answers and -- Mayor Suarez: It's okay. Commissioner Carollo: -- you know, that's fine. We got it in the record now. Thank you. RE.18 RESOLUTION 3389 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING Commissioners MAYOR FRANCIS X. SUAREZ'S APPOINTMENT OF and Mayor AS THE CITY MANAGER OF THE CITY OF MIAMI, FLORIDA EFFECTIVE MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reye Note for the Record: Item RE. 18 was continued to the January II, 2018, Regular Commission Meeting. Mayor Francis Suarez: Mr. Chair, may I be recognized? Chair Hardemon: You're recognized. Mayor Suarez: Thank you, Mr. Chair. Like to take some of my items. The first is RE. 18, which is the ratification and appointment of the City Manager. Mr. Chair, I'd City of Miami Page 130 Printed on 2109/2018 City Commission Meeting Minutes December 14, 2017 like to ask that the Commission defer this item to the next Commission meeting, because I know you were not available yesterday, when you were set to meet with the new City Manager. I know Commissioner Carollo has not had an opportunity yet to meet with the new City Manager, and I think it's appropriate and fair that both of you have an opportunity to meet with the new City Manager. I think the practical consequence of this does not negatively impact the residents of the City of Miami, because according to the Charter, the Mayor makes the appointment, which must be ratified within 14 days. So if this was going to be the appointment date, today would have been the ratification date, as well. What I'll do is I will circulate a memo on January 3, which was going to be the start date, naming the Manager, as I've articulated it by press conference, and asking the Commission to ratify him on January 11. Vice Chair Russell: I'll move to defer to January 11. Chair Hardemon: It's been properly moved, seconded by the Chair, to defer to January 11 RE. 18. Is there any discussion on that? Commissioner Carollo: (UNINTELLIGIBLE). Got to start learning this red button here. The present City Manager is going to be here until when; Mr. Alfonso? Until when will he be here? Mayor Suarez: He'll be here till January 2. Commissioner Carollo: January 2? Mayor Suarez: Is that correct, Mr. Manager? Commissioner Carollo: Okay. Daniel J. Alfonso (City Manager): That is correct. My resignation is effective January 2, although I'll be on vacation for a couple of weeks; but, yes, that's correct. I'll be the Manager through January 2. Mayor Suarez: And Commissioner, in my understanding of the way the Charter operates, the Mayor has the authority to select a Manager; of course, subject to ratification by the Commission within 14 days. So if I select a Manager on January 3, by memo, he begins on January 3, subject to ratification of the Commission within 14 days; is that correct? Victoria Mendez (City Attorney): Yes. Mayor Suarez: So -- Commissioner Carollo: That is correct, concededly. I just don't know if that would be something that should be practical, if we would want to start a City Manager without the full -- as Charter provides -- ratification of the City Commission. Mayor Suarez: Okay. Commissioner Carollo: That's totally something up to the board. And I'm only saying that because if for -- Mayor Suarez: Yeah. Commissioner Carollo: -- any reason, a majority of this Commission does not rates that, then we're kind of in a situation that I don't think we -- City of Miami Page 131 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mayor Suarez: Yeah. Commissioner Carollo: -- want to be in. Mayor Suarez: Yeah. And let me -- Commissioner Carollo: What -- ifI may, Mr. Mayor? Mayor Suarez: Sure. Commissioner Carollo: I mean, according to the Charter -- and I'm not trying to take anything away of the few powers that you have as Executive Mayor under the Charter, because I was the first Executive Mayor, and I know what you're dealing with, and the restraints that you have. But can maybe you consider until the 11th designating today for the approval of this Commission one of the Assistant Managers, up until the time then on the 11th that it's fully ratified by the Commission? Mayor Suarez: Right. Commissioner Carollo: And only till that time, and that's all that I'm asking, because I think it would -- Mayor Suarez: Yeah. Commissioner Carollo: -- you know, be better in doing it this way. Frankly, that I could recollect, it's always been done that way. This would have been the first time that we would have a Manager who's not ratified already by the Commission that's sworn for so long and -- in operating. So I'm only suggesting -- Mayor Suarez: Yeah, and -- Commissioner Carollo: -- obviously, it's your prerogative -- Mayor Suarez: Sure. Commissioner Carollo: -- how you do it. Mayor Suarez: And I appreciate that, Commissioner, and I think it's a good suggestion. You know, I was fully prepared to have the Manager ratified today, and I just -- out of courtesy, in part, to you; and out of a courtesy to the Chair, who, unfortunately, couldn't meet with the Manager yesterday, I'm prepared to delay that ratification. I think naming that Manager on the 3rd simply creates a seamless transition. And so, you know, if you want to ratify him right now, because you want to maintain past practice, then we can ratify him right now. I just think that the fair thing to do, because you haven't had a chance to meet with him and the Chair hasn't had a chance to meet with him, would be to do it the way that I'm suggesting, so I'm doing it as a courtesy to you. Commissioner Carollo: And I appreciate that. There's also a five-day rule issue that I think is very valid in -- that could have been used today. Tin not saying that it would have, but Tin saying that it could have. Mayor Suarez: Sure. City of Miami Page 132 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Carollo: So I'm -- I think this is the best way of handling that, and I appreciate it. But all that I'm saying is that I would be willing to accept any designee out of the present Assistant City Managers that we have. And frankly, if you put a gun to my head, I couldn't even say all of their names, because, you know, I'm so new here that I haven't remembered them, but I think they're all qualified individuals. And once we get to the 11 th, it would be the kind of transition that you would want, because what if, for any reason -- and I'm not saying this is going to happen -- but what if, for any reason, comes the 11 th, and your nominee doesn't get approved by the Commission? Then it's kind of a -- Mayor Suarez: Right. Commissioner Carollo: -- you know, a situation that I don't think any of us would like to see, and that's all that I'm saying. Mayor Suarez: No, and -- Commissioner Carollo: It's your decision finally. Mayor Suarez: -- I appreciate that. And, look, that can always happen. Any time, the Commission can decide not to ratify an appointee, and then you have to select another appointee, or reselect the same person. Historically, that person sometimes has not been rati -- you know the history of the system ofgovernment. So -- Chair Hardemon: Before we move on -- Mayor Suarez: Sure. Chair Hardemon: --first, Commissioner Carollo, I'd like to say that, fortunately for all of us, guns are not allowed in City Hall. It's okay. Commissioner Reyes: Okay, can I make a suggestion? Chair Hardemon: And the next -- I'd like to recognize Commissioner Reyes, and then Commissioner Gort. Commissioner Reyes: Okay. Why don't we make -- I mean, if it is possible and it's agreeable with Mr. Alfonso -- that we make his resignation effective the day that the Manager has been -- Commissioner Carollo: Ratified. Commissioner Reyes: -- ratified? Mayor Suarez: Do you want to work it --? Commissioner Reyes: And you have -- Mayor Suarez: You want to work -- Commissioner Reyes: -- you will have to deal with us for a little while, but we would have a person that is -- Mayor Suarez: -- an extra nine days? Commissioner Gort: He's got to go. City of Miami Page 133 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mr. Alfonso: Commissioners, I would do that, but then I would ask that I would continue to be granted to burn a little more of my time, because I have made a commitment, and I will definitely take calls and participate as much as I can, so if you give me that flexibility. Mayor Suarez: Unfortunate -- Commissioner Reyes: Excuse me. When I say that, you will be properly compensated; that's what I mean to say. Mayor Suarez: And Commissioner, part of the reason why I suggested it this way, even a prospective -- because this would have been a prospective, you know, in terms of ratifying today for a prospective -- was in consideration of the Manager's timeline. I wanted to be respectful. He has another job that he's going to start, and I -- but if you're okay with that, then -- and this Commission is okay with that -- that might be the best way to do it. Commissioner Gort: It's a good idea. Mayor Suarez: Okay? Vice Chair Russell: What's that? Him continuing --? Chair Hardemon: Commissioner Gort. Commissioner Gort: Yeah. That's it. Mayor Suarez: Sounds good to me. Chair Hardemon: All right. So -- Commissioner Gort: Sounds good. Chair Hardemon: -- the Vice Chairman moved to continue this item, and the Chair seconded it. And so, is there any further discussion with the motion? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Mayor Suarez: Thankyou, Mr. Chair. Chair Hardemon: Motion approved. City of Miami Page 134 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 RE.19 RESOLUTION 3395 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO TERMINATE THE CITY OF MIAMI'S Commissioners ("CITY") AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS, and Mayor INC., TO FURNISH, INSTALL, OPERATE, AND MAINTAIN THE CITY'S TRAFFIC INFRACTION DETECTOR PROGRAM; FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE ALL NECESSARY STEPS TO IMPLEMENT THE TERMS FOR TERMINATION OF THE AGREEMENT FOR CONVENIENCE; AND FURTHER DIRECTING THE CITY MANGER AND THE ADMINISTRATION TO ALLOCATE THE APPROPRIATE RESOURCES TO ADDRESS ANY BUDGETARY CONSTRAINTS RESULTING FROM THE TERMINATION OF THE PROGRAM. ENACTMENT NUMBER: R-17-0621 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.19, please see "Public Comment Period for Regular Item (s) " and Item RE. 17. END OF RESOLUTIONS City ofMiarni Page 135 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 Filewivi a 11010 kiIEVEMI1;I►III c94:9[07►1 ACA ATTORNEY-CLIENT SESSION 3316 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Attorney CONDUCTED AT THE DECEMBER 14, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-02997 CA 09, PENDING BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, JOE CAROLLO, AND MANOLO REYES; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ-RIVAS; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND FORREST L. ANDREWS. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Chair Hardemon: Opening back up the December 14 Miami City Commission meeting minute [sic]. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. On November 16, 2017, under the provisions of Section 286.011(8), Florida Statutes, the City Attorney requested the City Commission meet in private to discuss pending litigation in the case of Village of Key Biscayne versus City of Miami, Case Number 15-02997 CA 09, pending before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a partv. City Commission Citv ofMian ni Page 136 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 approved the City Attorney's request, and will now, at approximately midnight, commence a private attorney/client session, under the parameters of Section 286.011(8), Florida Statutes. The subject of the meeting will be confined to settlement negotiations/strategy sessions related to litigation expenditures. This private meeting will conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell; Commissioners Willy -- Wifredo "Willy" Gort, Joe Carollo, and Manolo Reyes; City Manager Daniel Alfonso; City Attorney Victoria Mendez; Deputy City Attorney John Greco; Division Chief for Land Use Transactions Rafael Suarez -Rivas; and Assistant City Attorneys Kerri McNulty. A certified court reporter will be present to ensure the session is fully transcribed, and the transcript will be made public upon the conclusion of the above-cited ongoing litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney-client session. Thank you, Mr. Chairman. Chair Hardemon: Back in recess. Later... Chair Hardemon: Opening back up the December 14 Miami City Commission meeting. Mr. Min: Thank you, Mr. Chairman. That concludes the shade meetings. I do have three to announce for January 11, if I may. Chair Hardemon: Go ahead. City of Miami Page 137 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 AC.2 ATTORNEY-CLIENT SESSION 3317 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Attorney CONDUCTED AT THE DECEMBER 14, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF 346 NW 29TH STREET, LLC ET AL., V. CITY OF MIAMI, ET AL., CASE NO. 13- 037260 CA 01, PENDING BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, JOE CAROLLO, AND MANOLO REYES; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; SENIOR ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD; AND ASSISTANT CITY ATTORNEY KERRI L. MCNULTY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE- CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. L RESULT: - DISCUSSED Todd B. Hannon (City Clerk): Oh, and sorry, Mr. City Attorney. So DI2 will not -- I'm sorry -- AC.2 will not be heard tonight? Barnaby Min (Deputy City Attorney): We're -- that is correct. Mr. Hannon: Thank you. Chair Hardemon: Meeting is adjourned. Citv ofMian ni Page 138 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 AC.3 ATTORNEY-CLIENT SESSION 3318 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Attorney CONDUCTED AT THE DECEMBER 14, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF HEADLEY V. CITY OF MIAMI, PERC CASE NO.CR-2017-001, PENDING BEFORE THE PUBLIC EMPLOYEES RELATIONS COMMISSION (PERC) TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, JOE CAROLLO, AND MANOLO REYES; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LABOR AND EMPLOYMENT KEVIN R. JONES; ASSISTANT CITY ATTORNEYS STEPHANIE K. PANOFF AND BARBARA DIAZ; LUKE SAVAGE, ESQ.; AND MICHAEL MATTIMORE, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. L RESULT: DISCUSSED Barnaby Min (Deputy City Attorney): On November 16, 2017, under provisions of Section 286.011(8) -- Todd B. Hannon (City Clerk): ,lust a moment, please. Mr. Min: I'm sorry. Mr. Hannon: All right. We're good to go, Chair. Mr. Min: On November 16, 2017, under the provisions of Section 286.011(8), Florida Statutes, the Ciiv Attorney requested that the City Commission meet in private to discuss the pending litigation in the case of Headley versus City of Miami, PERC (Public Employees Relations Commission), Case Number CR -2017-001, Citv ofMiarni Page 139 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 pending before the Public Employees Relations Commission, to which the City is presently a party. The City Commission approved the City Attorney's request, and will now, at approximately 10:30 p.m., commence a private attorney/client session under the parameters of Section 286.011(8), Florida Statutes. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation and expenditures. This private meeting will conclude approximately one hour later. This session will be attended by members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell, and Commissioners Wifredo "Willy" Gort, Joe Carollo, and Manolo Reyes; City Manager Daniel Alfonso; City Attorney Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for Labor and Employment Kevin Jones; Assistant City Attorneys Stephanie Panoff and Barbara Diaz; Luke Savage, Esquire, and Michael Mattimore, Esquire. A certified court reporter will be present to ensure the session is fully transcribed, and the transcript will be made public upon the conclusion of the above-cited ongoing litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney-client session. Thank you, Mr. Chairman. Chair Hardemon: Thank you very much. Mr. Min: You can proceed upstairs to the Manager's conference room. Vice Chair Russell: Proceed upstairs. Chair Hardemon: So we'll all go upstairs to the City Manager's conference room, and we have our shade meetings there, and you all do not have to come back down once we've completed those. Everyone is free to go and at that time, close the meeting. So meeting's in recess. Later... Chair Hardemon: Mr. Clerk? Mr. Hannon: One second, sir. Vice Chair Russell: Are we recording? Mr. Hannon: Okay, we're good to go, sir. Chair Hardemon: Opening back up the December 14 Miami City Commission meeting and -- to announce the closing of the previous -- I think that was a shade meeting, and now going back into recess. Mr. Hannon: One second, sir. Barnaby will be reading a statement into the record, and then we'll recess afterwards, so I believe he's on his way down. Chair Hardemon: We'll recess at the conclusion of Mr. Min's statement. Mr. Hannon: Yes, sir. Chair Hardemon: Thank you. END OF ATTORNEY-CLIENT SESSION City of Miami Page 140 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 I*Z*07ilNBill FAkiI9Xd0]►yll►yll111iiI; I�? BCA RESOLUTION 3352 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE MAYOR AND Office of the City MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE- Cierk CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: Commissioner Ken Russell of the Downtown Development Authority Commissioner Ken Russell of the Omni Community Redevelopment Agency Commissioner Keon Hardemon of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS VICE CHAIRPERSON: Commissioner Wifredo (Willy) Gort of the Midtown Community Redevelopment Agency Commissioner Wifredo (Willy) Gort of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS MEMBER: Commissioner Keon Hardemon of the Greater Miami Convention and Visitors Bureau Commissioner Wifredo (Willy) Gort of the Miami -Dade County League of Cities Commissioner Keon Hardemon of the Miami -Dade County Tourist Development Council ENACTMENT NUMBER: R-17-0595 City ofMiarni Page 141 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 MOTION TO RESULT: MOVER: SECONDER AYES: Adopt ADOPTED Ken Russell, Vice Chair Joe Carollo, Commissioner Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: So I think at this time, we have the boards and our committees. Commissioner Carollo: Where are we at now? On --? Chair Hardemon: Boards and committees. The -- Commissioner Carollo: Okay. BC. 1 ? Todd B. Hannon (City Clerk): It's just -- Chair Hardemon: Correct. Mr. Hannon: --yes; just one item. Chair Hardemon: The City Clerk -- Mr. Hannon: Just one item, Mr. Chair. Chair Hardemon: Oh, just one item. Okay. Mr. Hannon: Just one item. Commissioner Carollo: No, no. We're talking BC. 1. Mr. Hannon: Yes, BC. 1. Commissioner Carollo: Okay. Well, on BC. 1, I'd like to make a motion. Chair Hardemon: Before we get -- Commissioner Carollo: Okay. Chair Hardemon: -- I just want to hear what the -- they typically tell us -- Commissioner Carollo: Oh, okay. Chair Hardemon: -- what is being considered, and then we go into the motion. Commissioner Carollo: Okay. Mr. Hannon: BC.1 is essentially the Commissioners as board members, and this is where you address a Chairperson, Vice Chairperson, and also non -City -related boards. Commissioner Carollo: Okay. Chair Hardemon: Are there any proposed names just yet for any of the committees? City of Miami Page 142 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mr. Hannon: Well, currently we -- ifyou want me to go run down the list, the -- For the Bayfront Park Management Trust that was previously held by Commissioner Frank Carollo; the current Chair of the Downtown Development Authority is Vice Chair Russell; Commissioner Suarez was previously the Chair of the Midtown Community Redevelopment Agency; Commissioner Russell currently serves as the Chair of the Omni CRA (Community Redevelopment Agency); Commissioner Hardemon serves as the Chair of the Southeast Overtown/Park West CRA; for Vice Chair, Commissioner Gort currently serves as the Vice -- well, Commissioner Gort currently serves as the Vice Chair for the Midtown CRA; Commissioner Suarez previously was Vice Chair for the Omni CRA; Commissioner Gort also serves as the Vice Chair for the Southeast Overtown/Park West CRA. And then for non -City boards, Commissioner Hardemon currently serves on the Greater Miami Convention and Visitors Bureau; Commissioner Suarez previously served on the Florida League of Cities; Commissioner Gort currently serves on the Miami -Dade County League of Cities; Commissioner Hardemon currently serves on the Miami -Dade County Tourist Development Council; and Commissioner Carollo previously served on the Miami River Commission. Chair Hardemon: Okay. So do we want -- as a board, do we want to reappoint to -- for those who are already serving on boards and are still on this body -- to reappoint to those same boards; is that fair? Vice Chair Russell: I would like that. Chair Hardemon: All right. And then from there, we'll discuss the vacancies. So is there a motion to reappoint those current sitting Commission members to their same positions? Vice Chair Russell: I'll move it. Commissioner Carollo: There's a motion. Chair Hardemon: Been properly moved; and seconded by Commissioner Carollo. Any discussion regarding that? Hearing none, all say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. A►IMe] a:Z07e N11m_1kiI1Zd0]►yiIMIka9;1=E;*] City of Miami Page 143 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 1-11111211111-111Biel NkI BU.1 BUDGET DISCUSSION ITEM 1516 MONTHLY REPORT Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND Budget BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair Hardemon: BU. 1. Christopher Rose: Good afternoon, Commissioners. My name is Chris Rose. I'm the Budget Director for the City of Miami. It is a bit too early still in the fiscal year to be making meaningful projections, but we are starting to see some trends and some anomalies develop. We will be bringing the first meaningful, substantive projections at the second meeting in February; although I'll be prepare -- appearing again in January with sort of an overview of projections at that time. At the end of November, the City had received $64 million in the General Fund, which is a bit lower than it was last year at this time -- 127 million -- but there's an -- it's not apples to apples. There is revenue that came in early in December that last year had come in, in November. If it was apples to apples, we would still be about $3 million behind last year to date. Also, at the end of November, the City had spent $154 million in the General Fund, but again, there's a timing issue, where a large charge had been -- occurred last year in November. So if we bring it apples to apples, we would have spent about $6 million more than we would have last fiscal year. The Internal Service Fund has spent $17 million, which is about $5.4 million higher than last fiscal year. We are watching the property and casualty, in particular. After a hurricane, things need to shake out a little bit before it settles again. So we're watching property and casualty insurance; we're watching our health insurance; and we're watching our workers' compensation claims right now. All of them are a bit elevated from what we had seen in previous years. But again, we will know as we get a little deeper into the fiscal year. We continue to expect that the fund balance of last year will end at $163 million; that's what I told you last time. It remains the same number at the moment. We won't know a final number until the CAFR (Comprehensive Annual Financial Report) is released at the end of March. The 20 percent threshold required by the Financial Integrity Principles is 120 million. So the 163 is above that number; but again, a large portion of that is in restricted funds, so we need to be careful; it cannot all be spent on all things. Also, remember, we adopted the current year budget with 17.388 million of prior year fund balance being used for capital projects, so that money will be earmarked immediately in the current fiscal year. As I said already, we're watching insurance; insurance, so far, this year. We're also watching the Department of Real Estate & Asset Management and the City Attorney's Office; just -- it's a little too early to tell, but those are some that we're keeping an eye on for elevated spending thus far. We'll know more as we get closer, deeper into the year. There is one capital project that we know of, which is Curtis Park; not the remediation part of Curtis Park, but the park part of Curtis City of Miami Page 144 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Park that's going to need an amendment at some point; it is running over budget at the moment. And there was a memo that the Manager sent out yesterday regarding the New Year's Eve Celebration; that we had budgeted 50,000, and it's going to be closer to 100, 000, maybe even 125, 000, so that may create a midyear budget amendment that we'll be bringing back to you. I ended last month's report with, "We're in good financial shape right now, but there are some things on the horizon that we're going to need to watch for." Some of those have come true today. We have repealed the red light camera ordinance. That is a net positive to the City of $6 million. What was passed today did require us to come up with either expenditure reductions or revenue enhancements to fill that gap. We'll be working with staff, all of City staff, to get that accomplished. As well -- Chair Hardemon: Let's -- we'll do the enhancements rather than the reductions. Try your best. Mr. Rose: I will do my best, sir. Chair Hardemon: Thank you very much. Mr. Rose: Yes, sir. As well -- I have said it before, but I want to make sure it's noted -- the trolley program is going to be exceeding the half penny from the County next fiscal year. Now, we have built up a reserve called the Transportation Reserve that will at least carry us through the next fiscal year, will get us well into the following fiscal year, but in the very near future, we'll be needing General Fund money for the trolley program. Let's see. There are many things that are outside of our control that we're watching. Fuel costs have gone up nationwide. Now, it's not so much that it's a concern yet, but it is something we're keeping an eye on. All the insurance -- this'll be the third time I've said it in this -- insurance is a concern. And this is the first year that our pension costs citywide have been over $100 million, and it is expected to grow. I don't want to presume what future votes may be taken, but two fiscal years from now is a potential additional homestead exemption that could be an option at a local level, going from 50,000 per homestead at home to 75,000. That would have a net impact of $7.4 million on the City. Chair Hardemon: Who will be eligible for that additional homestead exemption? Mr. Rose: All homesteaded properties. Chair Hardemon: All homesteaded properties? Mr. Rose: Yes, sir. Now, it has to go through a referen --statewide referendum, and then a local option vote, so I don't want to presume what either the voters of the State or our City Commission may do but -- Chair Hardemon: I know they won't let us down though. Commissioner Gort: That'll give (UNINTELLIGIBLE) the City. Chair Hardemon: You all won't let us down. Mr. Rose: If I were a betting man, Commissioners -- so -- but that would be 7.4 million to the City. Part of that's in debt and part of that's in the General Fund. Of course, there are a couple of attorney/client privileges meetings this afternoon that, should the City ultimately not prevail, would have large fiscal impacts. And there's other pending court cases that we're not going to be talking about later today that you may need to keep an eye on for financial impact. Two last things, and that is: We don't expect the tax roll to grow in future years as it has over the last few years. City of Miami Page 145 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 That's not to say that we don't ex -- that we expect the tax roll to reduce, but we don't expect it to grow as fast. And we actually hit our peak two years ago, so the last two years have been reduced growth from 2015. 2015 was 13.1 percent. The last two years have been in the H percent range. And this past year, of that 11.3 in the past year's growth, 6.4 of it was new construction, and a lot of that was attributable to City Centre, and that's not going to happen again. Finally, we would expect to see at least some growth in our labor contracts. We have in our five-year plan built in normal step progression. I don't know what exactly we will do, but we could see increased -- increases above that normal step progression. So all that is to say while we're in good financial shape right now, there are concerns to watch on the horizon, sirs. Chair Hardemon: Do your calculations also include the dollars that were earned by the City from the claw -back? Mr. Rose: Yes. At the Southeast Overtown/Park West CRA (Community Redevelopment Agency)? Chair Hardemon: Right. Mr. Rose: Yes, sir, they do. Chair Hardemon: We want that back, too; the -- you know -- CRA does, but -- okay. Mr. Rose: Not sure which "we" that was, sir, but -- Chair Hardemon: Exactly. Mr. Rose: -- I understand. So I'll be happy to take any questions you may have at this time. Chair Hardemon: Any questions? Hearing none, Dl. 1. Mr. Rose: Thank you, Commissioners. END OF BUDGET City of Miami Page 146 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 91a911;�d11*9101kiIkIAM1.1 D1.1 DISCUSSION ITEM 3226 DISCUSSION ON THE STATUS OF HIRING POLICE OFFICERS. Department of Police RESULT: DISCUSSED Eldys Diaz: Good afternoon, Eldys Diaz, Executive Officer to the Chief of Police, City of Miami Police Department. I'm presenting the quarterly Police hiring update for the fourth quarter of 2017. We are currently operating with 24 sworn vacancies. As of the close of the quarter, we had 27. We've hired a couple. We anticipate two more hires prior to the end of the year, bringing us to a total of 105 hires year-to- date. Currently, we have 103 hires year-to-date. Does anybody have any questions? Commissioner Gort: You have a class going on at this time, right? Mr. Diaz: We do. And we also anticipate having another Police Academy class opening on January 30 of next year. Commissioner Gort: Thank you. Chair Hardemon: Is there any way that you can provide us with a written document that shows how you go about staffing; when you have these additional police officers that come in, where those police officers go, so that we have a written understanding of exactly how you go about filling the vacancies; not only to the force, but also, supplementing the force that you have out in the field? Mr. Diaz: So do you mean an organizational chart indicating what our deployments are and what the methodology is for filling those vacancies as they become -- you know -- as they appear? Chair Hardemon: Well, that, but more, more. Commissioner Carollo: We haven't done (UNINTELLIGIBLE). Chair Hardemon: Sure, an -- the -- I want to be able to see who -- what officers are where, but I also want to be able to see that -- because it's -- besides vacancies, if you hire a new officer and there is no vacancy for an area, how is it that you use those officers that you hired to enhance the services in certain areas? So for instance -- Mr. Diaz: Very good, yes. So if we don't have a regularly -- regular position for a particular NET (Neighborhood Enhancement Team) area, for example, typically, what we do in staffing is we assign the officers as overflow officers on the high -crime areas first until we achieve the maximum span of control for the supervisor for that area, and then we start distributing over to additional NET areas where there is an identified need until we have an even distribution of those overflow officers. Chair Hardemon: See we -- I want to be able to understand -- and I'm sure that some of my colleagues will appreciate this when we receive it -- I want to understand City of Miami Page 147 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 what we have and then how it's -- how they are deployed; and then what we receive, and how they'll be deployed, because I understand that we have all these different types of forces. So, you know, you have your beat officer; you have your NET officer; you have your NROs (Neighborhood Resource Officers); you have all these different people. Mr. Diaz: So you're interested in what our total resources are and how they're being deployed? Chair Hardemon: Yes. Mr. Diaz: Okay. Chair Hardemon: And how new ones will be included. Mr. Diaz: Sure. Chair Hardemon: I want to be able to see it, because I want to have a real understanding of it, because, you know, regularly, we'll hear from our residents, "We need more officers here or there, " and then I'll hear a response from the Police Department, "Well, we have these officers that do these certain things in all these other areas. We enhance the" -- "We enhanced your services in the Southeast Overtown/Park West Redevelopment Agency, and also in the Omni area. " Mr. Diaz: True. Chair Hardemon: But, you know, you want it to be an enhancement and not being supplanted. And then, what does that mean? Why then are we having certain issues in those areas if we have six additional officers that are being placed in these areas? So I'm just -- I'm really concerned about how we go about deploying those officers, because I want to see how is it that all officers are affecting quality of life for residents who are on the Upper Eastside as far north, and what's the farthest community south in Miami? I'm not sure how that goes, but -- Mr. Diaz: Coconut Grove (UNINTELLIGIBLE). Chair Hardemon: Coconut Grove, probably, right; all the way to the Grove to the south. So that's what I want to be able to see, because I want to be able to have some educated discussion about what it is that we're doing and how we're deploying our officers. Mr. Diaz: Sure. It may be useful for you to actually see our staffing system, also. Chair Hardemon: However you need to -- Mr. Diaz: Sure. Chair Hardemon: -- make it plain for me, please. I want to be able to see it and I want to be able to read it. Mr. Diaz: Sure. We'll find the best way to get that information to you. Chair Hardemon: Thank you. Mr. Diaz: Sure. City of Miami Page 148 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Any other questions for him? Seeing none, thank you very much, sir. Mr. Diaz: Sure. D1.2 DISCUSSION ITEM 2534 QUARTERLY UPDATE BY MR. WAYNE PATHMAN, CHAIRMAN OF Office of THE SEA LEVEL RISE COMMITTEE AND MEMBERS OF THE SEA Resilience and LEVEL RISE COMMITTEE REGARDING RECOMMENDATIONS Sustainability FOR ADVANCING THE CITY OF MIAMI'S RESILIENCE TO INCREASED FLOODING RISKS ASSOCIATED WITH SEA LEVEL RISE. D1.3 3385 Commissioners and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Notes for the Record. Item DL2 was deferred to the January 25, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item DL2, please see "Order of the Day. " DISCUSSION ITEM DISCUSSION TO TERMINATE CONTRACT AND PHASE OUT RED LIGHT CAMERAS. RESULT: DISCUSSED Note for the Record. For minutes referencing Item DL 3, please see "Order of the Day" and Item RE. 17. ;I►Iexel0a]!;'10i11�'�11IQkgIIll I;1661 City of Miami Page 149 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 ►yia►viWkel:9AkiIlZd0]►v�I►vi1t;-9[0]►I;IZ& i1111NI►yiRl CITYWIDE HONORABLE COMMISSIONER, DISTRICT FOUR MANOLO REYES 1NI►IoxelZol11VIVA 19741111NILy, 1.1 City ofMiarni Page 150 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 34e11611IM"s VICE CHAIR KEN RUSSELL END OF DISTRICT 1 ITEMS City of Miami Page 151 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 CHAIR KEON HARDEMON END OF DISTRICT 2 ITEMS City of Miami Page 152 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 0211117619:7[00? COMMISSIONER, DISTRICT ONE WIFREDO GORT END OF DISTRICT 3 ITEMS City of Miami Page 153 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 COMMISSIONER, DISTRICT THREE JOE CAROLLO END OF DISTRICT 4 ITEMS City of Miami Page 154 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 END OF DISTRICT 5 ITEMS City of Miami Page 155 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 END OF FUTURE LEGISLATION City of Miami Page 156 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 NA - NON -AGENDA ITEM(S) NAA RESOLUTION 3425 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Office of the City COMMISSIONER JOE CAROLLO AS CHAIRPERSON OF THE Cierk BAYFRONT PARK MANAGEMENT TRUST. ENACTMENT NUMBER: R-17-0596 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes NAYS: Russell Commissioner Carollo: If I could make a motion now and --? Chair Hardemon: You can make a motion, yes. Commissioner Carollo: Yeah, I'd like to make a motion that Commissioner Carollo - Chair Hardemon: Who is that? Commissioner Carollo: -- be appointed -- Joe Carollo. Chair Hardemon: Oh, okay. Commissioner Carollo: I thought I had him but he's sharp -- that Commissioner Carollo, Joe Carollo would be appointed to the Bayfront Park Management Trust as Chairman. Commissioner Reyes: I second that. Chair Hardemon: Been properly moved and seconded; that is the selection. Is there any discussion regarding that matter? Vice Chair Russell: Yes. I was going to appoint you, Commissioner Hardemon. Chair Hardemon: You can't do it by yourself. Any further discussion about the matter? Hearing none, all in favor of the motion, say "aye." Commissioner Carollo: Aye. Commissioner Reyes: Aye. Commissioner Gort: Aye. Chair Hardemon: All against? Vice Chair Russell: No. City of Miami Page 157 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Motion passes. The next committee --that was for Bayfront Park Management Trust. Todd B. Hannon (City Clerk): That was 5-0, correct? Chair Hardemon: No. That was -- Vice Chair Russell: No. I was a "no. " Chair Hardemon: It was 4-1. Mr. Hannon: It was 4-1. My apologies. NA.2 RESOLUTION 3426 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Office of the City COMMISSIONER MANOLO REYES AS CHAIRPERSON OF THE Cierk MIDTOWN COMMUNITY REDEVELOPMENT AGENCY ("MIDTOWN CRA"). ENACTMENT NUMBER: R-17-0597 MOTION TO RESULT: MOVER: SECONDER AYES: Adopt ADOPTED Joe Carollo, Commissioner Manolo Reyes, Commissioner Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: The next board would be -- Which one has another vacancy? Which board that Commissioner Reyes will be --? Todd B. Hannon (City Clerk): The next one would be Chair of the Midtown Community Redevelopment Agency. Chair Hardemon: That's what Commissioner Francis Suarez sat on, correct? Mr. Hannon: Previously, the Chair was Commissioner Suarez, yes. Chair Hardemon: All right. Is there a motion to appoint Commissioner Reyes to that position? Commissioner Carollo: There's a motion to appoint -- Commissioner Reyes: Which one was it? Chair Hardemon: That's the Midtown Redevelopment Agency. Commissioner Carollo: -- Commissioner Reyes to that board as Chairman. Chair Hardemon: It's been properly moved, and I assume Commissioner Reyes is the second. Any further discussion on that motion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 158 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 NA.3 RESOLUTION 3427 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Office of the City COMMISSIONER KEON HARDEMON AS VICE -CHAIRPERSON Cierk OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") FOR A TERM AS DESIGNATED HEREIN. ENACTMENT NUMBER: R-17-0598 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: What other bodies do we have left? Todd B. Hannon (City Clerk): The next vacancy will be the Vice Chair of the Omni CRA (Community Redevelopment Agency). Chair Hardemon: And that's something that who vacated? Mr. Hannon: It was previously held by Commissioner Suarez. Vice Chair Russell: We don't appoint that amongst the board, itser Mr. Hannon: No, sir. Vice Chair Russell: That's voted on at this point, then. Chair Hardemon: Right. Mr. Hannon: Yes, sir. Chair Hardemon: But I -- Commissioner Carollo: I would make a motion -- Vice Chair Russell: I'll appoint -- (UNINTELLIGIBLE). I was going to -- Chair Hardemon: He's the Chair of the -- Commissioner Carollo: Oh, sure. Vice Chair Russell: -- appoint Commissioner Hardemon to that as the Vice Chair. Chair Hardemon: Of Omni? Vice Chair Russell: Yeah. Chair Hardemon: Okay. Commissioner Carollo: Okay. Chair Hardemon: I'll second it. City of Miami Page 159 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Gort: Second. Commissioner Carollo: Third and fourth, and a fifth coming. Chair Hardemon: All in favor of that motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. He's just trying to guarantee that I come to the meetings, that's all. He's going to keep me there. NAA RESOLUTION 3428 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Office of the City KEON HARDEMON AS A MEMBER ON THE FLORIDA LEAGUE Cierk OF CITIES FOR A TERM AS DESIGNATED HEREIN. ENACTMENT NUMBER: R-17-0599 MOTION TO RESULT: MOVER: SECONDER AYES: Adopt ADOPTED Joe Carollo, Commissioner Wifredo (Willy) Gort, Commissioner Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: The -- Are there any other vacancies? Todd B. Hannon (City Clerk): Yes, sir. Florida League of Cities, which was previously held by Commissioner Suarez. Chair Hardemon: Now, let me ask you a question about that, because we know that Commissioner Gort was a past president of the League of Cities of Miami -Dade County. Commissioner Gort: Yeah. Chair Hardemon: I currently sit as the treasurer of the League of Cities of Miami - Dade County. Is there anyone else that sits on any of the Miami -Dade County League of Cities? Commissioner Gort: I'm not really sure. Chair Hardemon: If not -- Commissioner Gort: I'm not interested. Chair Hardemon: I'm there; if not, I would love to be involved, because I'm on a Dade County, with the Florida -- Commissioner Gort: Move it. Commissioner Carollo: I will make a motion that Commissioner Hardemon is appointed. City of Miami Page 160 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: It's been properly moved by Commissioner Carollo; seconded by Commissioner Gort. Any further discussion on that matter? Hearing none, all say "aye. If The Commission (Collectively): Aye. Chair Hardemon: Against? Motion passes. Mr. Hannon: And that will be again for the Florida League of Cities; Commissioner Hardemon. NA.5 RESOLUTION 3429 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Office of the City COMMISSIONER WIFREDO (WILLY) GORT TO THE MIAMI RIVER Cierk COMMISSION FOR A TERM AS DESIGNATED HEREIN. ENACTMENT NUMBER: R-17-0600 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Todd B. Hannon (City Clerk): The last one will be the Miami River Commission, which was previously held by Commissioner Frank Carollo. Commissioner Gort: Mr. Chairman? Chair Hardemon: Yes. Commissioner Gort: I would like to be appointed to that one, if possible. Vice Chair Russell: Second. Commissioner Gort: I got a large portion of the river in my district. Chair Hardemon: That is correct. It's been properly moved by Commissioner Gort and seconded by both Commissioner Reyes and the Vice Chairman. Any further discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Hannon: Thank you, Chair. Chair Hardemon: Thank you very much. City of Miami Page 161 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 NA.6 ATTORNEY-CLIENT SESSION 3447 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Cierk CONDUCTED AT THE JANUARY 11, 2018 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC AND FLAGSTONE DEVELOPMENT CORP. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, JOE CAROLLO, AND MANOLO REYES; GONZALO DORTA, ESQ.; MATIAS DORTA, ESQ.; AND LAURA BESVINICK, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. LRESULT: DISCUSSED Barnaby Min (Deputy City Attorney): Mr. Chairman, members of the City Commission, pursuant to -- Commissioner Reyes: (UNINTELLIGIBLE). Mr. Min: I'm sorry? Commissioner Reyes: (UNINTELLIGIBLE). Mr. Min: Pursuant to the provisions of Section 286.011(8), Florida Statutes, I am requesting that at the City Commission meeting of January 11, 2018, an attorney- client session closed to the public be held for the purpose of discussing the pending litigation in the matter of Flagstone Island Gardens, LLC (Limited Liability Company) and Flagstone Development Corporation versus City of Miami, Case Number 17-13829 CA 44, pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will begin at approximately 3 City of Miami Page 162 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 p.m., or as soon thereafter as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell; Commissioners Wifredo "Willy" Gort, Joe Carollo, and Manolo Reyes; Gonzalo Dorta, Esquire, Mattias Dorta, Esquire, and Laura Besvinick, Esquire. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney-client session. NA.7 ATTORNEY-CLIENT SESSION 3448 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Cierk CONDUCTED AT THE JANUARY 11, 2018 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF LIEBMAN, ET AL. VS. CITY OF MIAMI, CASE NO. 17-13687 CA (44), PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, JOE CAROLLO, AND MANOLO REYES; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; AND ASSISTANT CITY ATTORNEY FORREST L. ANDREWS. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED ' Barnaby Min (Deputy City Attorney): Additionally, pursuant to provisions of 286.011(8), Florida Statutes, the City Attorney is requesting at the City Commission meeting of January 11, 2017 [sic], an attorney-client session closed to the public be held for the purpose of discussing the pending litigation in the case of Liebman, et al. City of Miami Page 163 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 versus City of Miami, Case Number 17-13687 CA 44, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will begin at approximately 3 p.m., or as soon thereafter as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell; Commissioners Wifredo "Willy" Gort, Joe Carollo, and Manolo Reyes; the City Manager; City Attorney Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for General Litigation Christopher Green; and Assistant City Attorney Forrest Andrews. A certified court reporter will be present to ensure the session is fully transcribed, and a transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney-client session, the City Commission meeting will be reopened, and the person chairing the City Commission meeting will announce the termination of the attorney-client session. City of Miami Page 164 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 NA.8 ATTORNEY-CLIENT SESSION 3449 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Cierk CONDUCTED AT THE JANUARY 11, 2018 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF 346 NW 29TH STREET, LLC ET AL., V. CITY OF MIAMI, ET AL., CASE NO. 13- 037260 CA 01, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, JOE CAROLLO, AND MANOLO REYES; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; SENIOR ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD; AND ASSISTANT CITY ATTORNEY KERRI L. MCNULTY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE- CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Barnaby Min (Deputy City Attorney): Finally, pursuant to the provisions of Section 286.011(8), Florida Statutes, the City Attorney is requesting at the City Commission meeting of January 11, 2018, an attorney-client session closed to the public be held for the purposes of discussing the pending litigation in the case of 346 Northwest 29th Street, LLC (Limited Liability Company), et al. versus City of Miami, et al., Case Number 13-037260 CA 01, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will begin at approximately 3 p.m., or as soon thereafter as Commissioners' schedules permit, and will conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell; Commissioners Wifredo "Willy" Gort, Manolo Reyes, and Joe Carollo; the City Manager; City Attorney Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for General Litigation Christopher Green; Senior City of Miami Page 165 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 ADJOURNMENT Assistant City Attorney Henry Hunnefeld; and Assistant City Attorney Kerri McNulty. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney-client session, the City Commission meeting will be reopened. The person chairing the City Commission meeting will announce the termination of the attorney-client session. Thank you, Mr. Chairman. The meeting adjourned at 12:33 a.m. on Friday, December 15, 2017. City of Miami Page 166 Printed on 2/09/2018