HomeMy WebLinkAboutCC 2018-02-08 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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Meeting Minutes
Thursday, February 8, 2018
9:00 AM
Regular
City Hall
City Commission
Francis Suarez, Mayor
Keon Hardemon, Chair
Ken Russell, Vice Chair
Wifredo (Willy) Gort, Commissioner, District One
Joe Carollo, Commissioner, District Three
Manolo Reyes, Commissioner, District Four
Emilio T. Gonzalez, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Commission Meeting Minutes February 8, 2018
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Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo
and Commissioner Reyes
On the 8th day of February, 2018 the City Commission of the City of Miami, Florida, met at
its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular
session. The Commission Meeting was called to order by Chair Hardemon at 9:01 a.m.,
recessed at 12:13 p.m., reconvened at 2:03 p.m., recessed at 3:01 p.m., reconvened at 3:57
p.m., and adjourned at 4:03 p.m.
Note for the Record. Commissioner Reyes entered the Commission chambers at 9:11 a.m.,
Vice Chair Russell entered the Commission chambers at 9:11 a.m., and Commissioner
Carollo entered the Commission chambers at 9:31 a.m.
ALSO PRESENT.
Emilio T. Gonzalez, Ph.D., City Manager
Victoria Mendez, City Attorney
Todd R Hannon, City Clerk
Chair Hardemon: Welcome to the February 8, 2018 meeting of the Miami City Commission in
these historic chambers. The members of the City Commission are Wifredo Gort, Joe Carollo,
Manolo Reyes; Ken Russell, the Vice Chair; and me, Keon Hardemon, the Chairman. Also on
the dais are Emilio T. Gonzalez, our City Manager; and Victoria Mendez, our City Attorney;
but not to forget Todd Hannon, our City Clerk. The meeting will be opened with a prayer by
Commissioner Gort and the pledge of allegiance will be led by myself. All rise, please.
Invocation and pledge of allegiance delivered.
Chair Hardemon: Thank you.
PART A - NON -PLANNING AND ZONING ITEM(S)
PR - PRESENTATIONS AND PROCLAMATIONS
PRA
3600
PROTOCOL ITEM
Honoree
Miami Northwestern Senior High
School
Cira Garcia
Eyda Ibarra
Irma Llanera
Presenter
Protocol Item
Mayor Suarez &
Proclamation
Commissioner
Hardemon
Commissioner Gort
Certificate of
Appreciation
Commissioner Gort
Certificate of
Appreciation
Commissioner Gort
Certificate of
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City Commission Meeting Minutes February 8, 2018
Elydia Riera
Alberto Plata
Lourdes Brito
Miami Northwestern Senior High
School
Appreciation
Commissioner Gort
Certificate of
Appreciation
Commissioner Gort
Certificate of
Appreciation
Commissioner Gort
Certificate of
Appreciation
Commissioner
Check
Hardemon
Presentation
1) Mayor Suarez and Vice Chair Hardemon paused in their deliberations of
governance to pay highest tribute to the Miami Northwestern High School Football
Team. The Miami Northwestern Bulls won their fifth FHSAA (Florida High School
Athletic Association) State Class 6A State Championship in school history and sixth
overall (1964) finishing with the record of (12-2) and ranked second in the final AP
Florida High School Football Poll. On December 8, 2017 the Miami Northwestern
Bulls defeated the Seffner Armwood Hawks 21-16 in the 2017 Florida High School
Athletic Association Class 6A State Championship game at the Camping World
Stadium in Orlando, Florida. Their hard work, dedication, sportsmanship, talent and
exceptional team chemistry has enabled these student athletes to earn a State
Championship title and won the 2017 Class 6A Florida High School Athletic
Association State Championship which brought honor to Miami Northwestern Senior
High School and the City of Miami on the local, state and national level. Elected
officials proclaimed February 8, 2018 as "Miami Northwestern Bulls Football Team
Day ".
2) Mayor Suarez and Commissioner Gort paused in their deliberations of governance
to commend the Senior Services Volunteers of the Antonio Maceo Park and thanked
them for their valuable services and notable contributions to the community.
3) Chair Hardemon presented the Miami Northwestern High School Football Team
with a $5000.00 check for their sports program.
RESULT: PRESENTED
Chair Hardemon: We will now make presentations and proclamations.
Presentations and proclamations made.
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AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
AMA City Commission - Regular Meeting - Nov 16, 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: Is there a motion to approve the meeting minutes of November 16?
Commissioner Reyes: Move it.
Chair Hardemon: It's been properly moved, seconded by the Chair, to approve the
meeting minutes of November 16. Any further discussion? Hearing none, all in favor
say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
AM.2 City Commission - Planning and Zoning - Nov 16, 2017 2:00 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.].
MV - MAYORAL VETOES
(Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the
City Clerk as the first substantive item(s) for City Commission consideration.)
NO MAYORAL VETOES
Chair Hardemon: At this time, what I'll do is I'll -- Well, first of all, are there any
mayoral vetoes?
Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.
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Chair Hardemon: Thank you very much.
END OF MAYORAL VETOES
ORDER OF THE DAY
Chair Hardemon: We will now begin the regular meeting. The City Attorney will
state the procedures to be followed during this meeting.
Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a
lobbyist, including all paid persons or firms retained by a principal to advocate for a
particular decision by the City Commission, must register with the City Clerk and
comply with related City requirements for lobbyists before appearing before the City
Commission. A person may not lobby a City official, board member, or staff member
until registering. A copy of the Code section about lobbyists is available in the City
Clerk's Office or online at wwwmunicode.com [sic]. Any person making a
presentation, formal request, or petition to the City Commission concerning real
property must make the disclosures required by the City Code in writing. A copy of
this Code section is available in the City Clerk's Office or online at
wwwmunicode.com [sic]. The material for each item on the agenda is available
during business hours and at the City Clerk's Office, and online 24 hours a day at
wwwmiamigov.com [sic]. Any person may be heard by the 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 notes the City Clerk. The
lunch recess will begin at the conclusion of the deliberation of the agenda item being
considered at noon. The meeting will end either at the conclusion of the deliberation
of the agenda item being considered at 1Op. in. 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 either
withdrawn, deferred, or substituted. Thank you.
Chair Hardemon: You're recognized, Mr. Manager.
Emilio T. Gonzalez (City Manager): Good morning, Mr. Chairman, Mr. Vice
Chairman, Commissioners, Madam Attorney, Mr. City Clerk. At this time, the
Administration would like to defer and/or withdraw the following items: SR.1, defer
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to February 22; SR.2 and SR.3, withdraw, with a new consolidated item to come back
on March 8; RE.], withdrawn; and FR.3, to be deferred on the floor.
Todd B. Hannon (City Clerk): I'm sorry, Chair. FR.3 is being deferred to when?
Vice Chair Russell: We're trying to have a Coconut Grove BID (Business
Improvement District) board meeting prior to hearing this item, and it looks like we'll
be able to do that before the first meeting in April, so let's defer it to April 12, please.
Mr. Hannon: Yes, sir.
Chair Hardemon: Are there any other items besides SR. 1, FR. 3, SR.2, SR.3 and RE.1
that need to be withdrawn, deferred, or continued?
Vice Chair Russell: Let me check real quick. Mr. Chairman?
Chair Hardemon: You're recognized.
Vice Chair Russell: If we are withdrawing SR.2 and SR.3 and bringing it back, I
would like to co-sponsor the new item when it comes back, please.
Mayor Francis Suarez: As would I.
Chair Hardemon: Is there any other item that needs to be deferred or withdrawn, or
continued? Seeing none, is there a motion in accordance?
Commissioner Gort: Move it.
Commissioner Reyes: Second.
Chair Hardemon: Been properly moved and seconded. Any further discussion?
Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
Mayor Suarez: Mr. Chair?
Chair Hardemon: One second, Mr. Mayor.
Mayor Suarez: I have --
Chair Hardemon: Is that --? One second, one second.
Mayor Suarez: Yeah.
PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S)
Chair Hardemon: I'll open the floor for public comment at this time, so if you're a
member of the public and you want to comment on any item on the morning agenda,
now is your opportunity to do so. You -- please approach any of the two lecterns.
You may state your first name, your last name, and you may also state your address,
but be sure to state which item it is that you're speaking about. So once again, this is
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public comment time. If you're a member of the public and you want to speak on any
item on the agenda, approach any of the two lecterns. State your first name, last
name, and you may state your address. You're recognized, sir.
Brett Bibeau: Thank you. Good morning. Brett Bibeau, managing director of the
Miami River Commission, with offices located at 1407 Northwest 7th Street. During a
public meeting held on February 5, the Miami River Commission discussed the
importance of the Miami Forever Bond Program. City Commission agenda item DI.3
today is a discussion regarding the Miami Forever Bond Program Citizens Oversight
Board. Considering sea level rise directly impacts the Miami River District, the
Miami River Commission respectfully recommends the City's Bond Oversight Board
to please include as a voting board member a representative from the Miami River
Commission. Thank you, gentlemen, for your time and support for the Miami River
District.
Chair Hardemon: Thank you very much. You're recognized, sir.
Adrian Madriz: Hello. My name is Adrian Madriz and my address is 428 Southwest
9th Street, Apartment 17. And I'm here on behalf of the Miami Climate Alliance, and
I'm also speaking about item D1.3. And we just want to go over again the
recommendations that were sent to the City Commission and the Mayor, regarding
how it is that we'd like the Oversight Board to be developed and constructed. And to
that end, we just want to make sure that the board shall be diverse in race, sex,
economic status and education; that the board shall be comprised of City residents
only; the board shall include City residents that will elevate the voices of vulnerable
populations and not allow the appointment of persons who may represent businesses
that stand to profit directly or indirectly from the work generated by the Bond
Program. In addition, we really would like the board in general to uphold the
following values: Full transparency and accountability with regards to the storm
water infrastructure projects, selection and approval process; seats on the Citizens
Oversight Board, representing an equity perspective that will elevate the voices of
vulnerable populations; community -driven project identification and selection in the
affordable housing funding, with the intention that these projects do not further
gentry our communities; funding for parks, focusing on uplifting and supporting
marginalized communities, especially communities of color. That's basically it from
the Miami Climate Alliance. And I'll add personally that I would like the board to
consider the economic -- not the economic -- the environmental impact specifically of
the pumps, of the storm water pumps, and I would like them to actually look at
alternatives, like deep well injection, as a way to make sure that the environmental
impact of the way that we handle storm water is much less. Thank you very much for
your time.
Vice Chair Russell: Thank you.
Chair Hardemon: Thank you. You're recognized, ma'am.
Eureca Coulanges: Good morning. My name is Eureca Coulanges, 1451 Northwest
50th Street, representing the Liberty City Optimist Club, in favor of PH3, the
Program Partnership. Liberty City Optimist has been in operation for 25 years,
serving the youth of the community at Liberty City with school tutoring, recreational
sports, baseball, basketball, football, cheer. Some of the members that we just
recognized from Northwestern were Warriors when they played Little League
Optimist Pop Warner Football. For years, we've operated under a permit, a monthly
permit, so it's always been inconsistent. It's been where -- it would eliminate
uncertainty. We don't know if we're going to get a permit this month or one next
month. So this resolution gives us continuity of programming. And I want to thank
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the Chairman for presenting it; Parks and Recreation, Kevin Kirkin [sic], for
representing it. So we are in favor of this resolution. Thank you.
Chair Hardemon: Thank you. Sir, you're recognized.
Horacio Stuart Aguirre: Morning, Chairman Hardemon and Vice Chairman Russell.
Horacio Stuart Aguirre. I am the immediate past chairman of the City of Miami
Civilian Investigative Panel. You have before you on your agenda today new
appointees to the CIP (Civilian Investigative Panel). It's my privilege and pleasure to
strongly recommend the gentleman that will be replacing me. He is Professor Russell
Motley, a professor of journalism at Florida Memorial University. Professor Motley
is an African American of distinction, who lives in District 1, on the banks of the
Miami River. And I encourage you to please vote favorably for Professor Motley and
all the other recommendees [sic] from the Civilian Investigative Panel. Thank you.
Chair Hardemon: Thankyou. You're recognized, sir.
Miguel Soliman: Good morning, Mr. Chairman. Good morning, Commissioners.
Good morning to all the public. I just wanted to -- although we have a lot of
important business, we also have the continued crime that we know in our city,
unfortunately, and in the City of -- in Little Havana, District 3, we have a lot of crimes
in our streets with drug sales and so on, and I'd just like to see if we can -- I
understand there's cameras that we can install throughout the City and record the
drug sales and the drug buys and all the other criminal activity, and I'd like to see if
we can help our Police Department by perhaps working on that and finding some
money for those cameras. And also, I wanted to commend the new Commander for
Little Havana, Commander Papier (phonetic). She's doing a great job in Little
Havana and I've seen her in action, and just thought that it was -- that she deserves to
be mentioned in this Commission. Thank you very much.
Brenda Betancourt: Good morning. 14 -- Brenda Betancourt, 1476 Southwest 6th
Street. I'm just concerned about the plans that we are preparing right now for the
hurricanes, the emergency plans. Are we actually going to be doing it for all --just
senior centers? Are we going to be going beyond just senior centers? Because we
have problems when we get the shelters. Sometimes they're not organized as they
should be, and we need to not just recognize the problems that we have in the shelter
organization to protect those who need to be evacuated, but those -- the homeless that
we been having some issues when we need to place them. So I just want to know if
you guys can give a little bit of more information when you get the item SR.2 and
SR.3, just to make sure that we get all the right changes that we need. And very fast,
just want to get the attention of all of you to see if we can help the police, not just for
the crimes, but human trafficking has been increasing, and I think we need to make
sure that everybody in the community, not just those who are in -- as in human
trafficking victims, but those that doesn't even know that they have one member next
to -- if it -- we can do some forums in trying to educate the community, because it's --
that is what the key is to know who are the victims for human trafficking. Thankyou.
Chair Hardemon: Thank you very much. Sir?
Samuel Latimore: Good morning.
Vice Chair Russell: Good morning.
Mr. Latimore: My name is Samuel Latimore, president of the Hadley Park
Neighborhood Association. I'm here to speak on behalf of PH.3 in terms of the
current resolution. I'm here to say that we support that wholeheartedly. One of our
themes for this year is to save the children, and followed by -- I think I spoke to the
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City Manager about it -- Through the Eyes of a Child Tour -- which he agreed that
was -- would be important. We'd just like to re-emphasize the fact that keeping our
children busy is very important. We have another caption, because some of you will
be getting, if you haven't already received some emails, because we're becoming
technologically savvy. And so, the emails -- I've been talking about memos, but
people tell me now that you use emails now rather than memos; that dates me. But
children are important, and parks saves lives. So I want to thank you for your
support, and recommend that this resolution be passed. Have a nice day.
Chair Hardemon: Thank you very much. Ma'am, you're recognized.
Cecilia Stewart: Yes. Cecilia Stewart, 1899 Northwest 1st Court. I'm here to support
PH. 3, as well, and I just want to commend Commissioner Hardemon for sponsoring
this. And I want to speak to the Commissioners on the dais to ask you to please
support this item, because the children are our future. And we -- especially in our
community, such as the Overtown community, as well as Liberty City -- need outlets
for the children to go to keep them out of harm's way, and to make them productive
citizens in our community. Thank you.
Chair Hardemon: Thank you. Ma'am, you're recognized.
Meena Jagannath: Good morning, Commission. Meena Jagannath, 3000 Biscayne,
Miami, Florida. I wanted to speak to Discussion item 3 on the Forever Bond. As an
advocate -- as a housing advocate, I'm very happy to see that $100 million are
allocated towards affordable housing, but I just wanted to make a couple comments
before that for the discussion. First of all, one thing that we noticed was that in City
of Miami Code Section 2-416, the definition of "affordable housing" is only serving
those between 30 percent and 80 percent AMI (area median income). That means
that it's leaving out zero to 30 percent AMI. And so, before any of the money is
allocated, we need to fix that definition to ensure that the people who are most
impacted most, extremely low income in Miami, are also served by the bond money.
The other thing is that those community members who are most impacted by the
affordable housing crisis in Miami should be participating on the Bond Oversight
Board, and we must challenge ourselves to find people outside of the sort of usual
suspects, so that we can get that perspective also incorporated onto the board, and
incorporated into the decisions that are being made about this money. And the last
point is that I know that in the ordinance structuring the board, there are certain
expedited projects that are listed there. I hope that the Commission will include
affordable housing; and specifically, a study analyzing where rents are increasing the
most, and where there's the most need be done as an expedited project so that --
something like community consultation, and so that that issue is brought to the fore.
Okay. Thank you.
Nelson Diaz: Good morning, Commissioners. My name is Nelson Diaz. I am the
chairman of the Republican Party of Miami -Dade County, and I'm here to speak on
an item that is coming up later on, on your agenda, being proposed by Commissioner
Reyes. So let me start by thanking all of you -- and in particular, Commissioner
Reyes --for bringing forth this item for consideration; an item to correct a terrible
injustice that's being done in our community in the special election for House District
114. When I found out that the Supervisor of Elections had chosen three early voting
sites for this special election, I was a little surprised. During the last special election,
she had reached out to myself, as chairman of the Republican Party, and to the
Democratic Party chair, to discuss early voting in a very fair and equitable manner.
We both discussed it, and she came to -- she landed somewhere in the middle, and had
a fair resolution to the question of, "How many early voting days, how many sites,
where they would be located," et cetera. And she didn't do this during this special
election. The -- it just came out that she had chosen three early voting sites, so I was
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a little surprised. And as I looked into the issue and spoke with several attorneys, I
realized the injustice that her decision was having on the residents of the City of
Miami, and as well, the City -- the residents -- the voters -- or the residents of the City
of West Miami. Many elderly and working class folks were effectively being told --by
not having a voting site in West Miami or Flagami, they were effectively being told,
"Figure it out. Go into Coral Gables. Navigate the streets of Coral Gables. The
people in Pinecrest and Coral Gables are getting their own site, but you guys aren't. "
Commissioners, I spoke to the supervisor on numerous occasions to try to avoid this
situation, to try to avoid being here today, and there is simply no logical or rational,
or reasonable explanation for what she's doing. Consider this: During the 2016
election, the voters of Flagami and West Miami flocked to the West Miami Community
Center to early vote, 10,500 of them. The Pinecrest Community Center had less; had
less voters than that. So why is she putting a voting site in Pinecrest and not in West
Miami or Flagami? Why are the residents of the City of Miami and West Miami not
as important as the affluent residents in other communities; especially considering
that the City of West Miami and Flagami and other parts of Fontainebleau are
entirely within House District 114; whereas Pinecrest, for example, is only partially
inside District 114? So a proposed voting site in Pinecrest is going to have even less
traffic than -- during this special election. And also consider that the last time -- that
currently, in the Flagami/West Miami area, there are about 20 to 25,000 eligible
voters to vote in the 114 special election; whereas Pinecrest has less than 5,000
eligible voters to vote in that election. I asked how much we were saving; how much
the residents of Dade County were saving by disenfranchising these voters, by not let -
- not -- by making it difficultfor them, how much are we saving? So take a guess how
much we're saving; just take a guess.
Unidentified Speaker: (INAUDIBLE).
Mr. Diaz: You're wrong. We're saving zero, because there is no cost to adding a
fourth early voting site in West Miami or Flagami. The State reimburses the County
for 100 percent of the cost. So we're here. This is all over nothing; over zero dollars,
which is why I believe that there is just no logical explanation why you would not put
a site in a high vote -- high-intensity voting area and move it to another area that does
not have high-intensity voting. Commissioners, we had an ugly period in our history
in this country when vote -- where voting block -- roadblocks and barriers were set by
government to prevent people from voting. I'm not saying that's what this is, but it
sure smells like it. And I'm here to thank you for considering this item -- thank you,
Commissioner Reyes -- and to tell you that I think the residents of the City of Miami
are lucky to have people who would -- who stand up for them and speak on their
behalf. So --
Chair Hardemon: Thank you.
Mr. Diaz: -- thank you.
Chair Hardemon: Thank you very much, sir. Sir, you're recognized.
David McDougal: Hi there. My name is David McDougal. I live at 4231 Northwest
11 th Place, Miami, Florida, and I am a founding member of the Miami Climate
Alliance. I'm also the admin and finance committee chair there. We have prepared a
letter, and I think others have spoken before me, but we also included in the materials
that were sent to you -- we have the draft ordinance that was given to us before I
realized that there's an upgraded draft ordinance that we haven't been able to get our
hands on, but we put our recommendations right into the language of the text in red.
And I just want to let you know that after endorsing the Miami Forever Bond and
working really hard to get it to pass, we then have held a weekly working group,
focused on how to make sure that the funds -- the significant funds for storm water
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infrastructure, for affordable housing are spent in ways that residents in our
communities really have input into and can play some oversight role as this really
tremendous opportunity unfolds to address so many of our needs. After forming that
working group with 12 people in the beginning, that working group now has around
65 to 80 people participating in it, contributing in it. And then we held -- on
December 7, there was a community meeting with over 35 residents. And residents
are concerned and wanting to weigh in, and be very informed on this process. As we
work to try to rebuild trust in many of these communities that face the brunt of climate
change and many of the most vulnerabilities around affordable housing and hurricane
preparedness, this is a really tremendous opportunity for us to get things right. And
so, we'd really recommend that you review our suggested language changes to the
ordinance, and we would love to meet with you individually to discuss these items.
Thank you so much.
Chair Hardemon: Thankyou, sir. Sir, you're recognized.
Victoria Mendez (City Attorney): Sir, who did --? Sir, did you give anyone those
copies --
Chair Hardemon: He emailed them.
Ms. Mendez: -- of everything you -- okay.
Chair Hardemon: They emailed it.
Ms. Mendez: Thank you.
Luke Campbell: Good morning, Commission, Manager. I'm here on -- my name is
Luther Campbell. I'm here on the item PH. 3, in the hopes that you guys --
Commissioner Carollo: Are you for or against it, Luke?
Mr. Campbell: I'm for it.
Commissioner Carollo: Okay.
Mr. Campbell: I'm definitely for it. I mean, you got to be for it. I mean -- Yeah, we
were trying to stall, you know, because we got one of our kids from the program that's
coming up here, Devonta Freeman. He's on the highway, stuck in traffic, but
hopefully, he'll get there in time. But again, you know, I want to thank y'all for --
thank Commissioner Hardemon for putting the item on the agenda. You know, it's
very, very important for us. I mean, just to let you know a little bit about Liberty City
Optimist, not only do we produce great football players, but we produce great family
members, City workers, as well as great Commissioners. He came out of the
program, so that's something that we're proud about, you know. And at the same
time, you know, a lot of people don't know, but over 29 years that we been at the
program, we been working on a month-to-month permit, which is very, very sad. And
so, when you're working on a month-to-month permit, you go through countless
amount of Mayors, Park directors, you go through City Managers, you go through all
these different people. But at the same time, we're sitting there, praying that the
wrong person don't get in the seat to kick us out of the park, you know. And so, that's
what we've been encountering for years. And, you know, working with Commissioner
Hardemon, working with the other Commissioners before and the City Managers,
we've been able to produce something at that program. We've been able to produce
good young men, good productive people. We've been able to take a park that was --
and I'm pretty sure the Commission know -- we been able to take a park that was
gang -ridden, you know; gun violence, everything in the world that was being done out
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there, and we revitalized it with the youth, in bringing them in to be able to do the
right thing. And when you go out there and look at it right now, it's probably some of
the best real estate the City has to offer. We got a brand-new gymnasium, brand-new
Marlins -donated baseball field. We've --You guys afforded us a brand-new football
field, you know, that'll be -- hopefully, the groundbreaking will be done sometime in
December or January. And we just want a partnership, a long-term partnership,
where, you know, we don't have to sit there on a day-to-day basis, worrying about
whether or not we're going to be kicked out of the buildings and things that we're
producing. Thank you.
Chair Hardemon: Thank you. You're recognized, sir.
Pierre Rutledge: Good morning, Mr. Chairman and Commissioners. I am for the
item. I've been sitting on the board as one of the original founders of Liberty City
Optimist for 29 years. And as Mr. Campbell has said, who is our founder, we've been
working on a month-to-month arrangement, and I just wanted to come before you all
to say thank you for believing in the kids of Liberty City that we can get to this point;
Mr. City Manager, you and your staff; the Parks director has been great. Chairman
Hardemon, your staff has really been diligent in getting this done. So oftentimes, you
all take a bad rap, and people come up here and complain, but the good news this
morning that I'm bringing, I just want to say thank you. Thank you for your support,
and I'm prayerful, and I'm claiming that this will get a positive vote, and we will be
able to move along on this 20 year relationship. Thank you, and thank you for your
time.
Chair Hardemon: Thank you, Mr. Rutledge. I would say, "all rise, " but --
Devonta Freeman: How y'all doing?
Chair Hardemon: Sir.
Mr. Freeman: First and foremost, I just want to say thank you, guys, for everything,
you know; blessing the park, Liberty City, where I came from, for a 20 year lease on
the park. I think that's big, especially for young kids that coming out the same
community I came from. I came from Liberty Square, on 62nd and 13th, down in
Miami.
Chair Hardemon: What's your name, sir?
Mr. Freeman: My name Devonta Freeman. Sorry about that. And -- sorry about
that. Yeah, I'm Devonta Freeman. And, yeah, I'd just like to say thank you, guys,
because so many kids that come under that same umbrella and make a difference in
not just the sports world, but the community, education, and, you know, everything
else that's out therefor them. I just think the sky is the limit for that particular area.
Chair Hardemon: I appreciate it.
Mr. Freeman: Thank you.
Chair Hardemon: Thank you very much.
Mr. Freeman: Yes, sir. Thank you.
Chair Hardemon: Is there any other person that want to make a comment, a public
comment? Seeing none, I'll close the public comment at this time.
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141iW9%]►69A►kgive] A►1R7A
Note for the Record. For minutes referencing Item CA.], please see "End of
Consent Agenda. "
City ofMiarni Page 12 Printed on 0312012018
The following item(s) was Adopted on the Consent Agenda
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Reyes
CA.1
RESOLUTION
3450
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
Department of
THE BID RECEIVED NOVEMBER 15, 2017 PURSUANT TO
General Services
INVITATION FOR BID ("IFB") NO. 752383 FROM GRAPHIC
Administration
DESIGNS INTERNATIONAL, INC., THE LOWEST RESPONSIVE
AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF VEHICLE
DECALS AND STRIPING FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION ("GSA") ON AN AS -NEEDED BASIS
FOR AN INITIAL PERIOD OF THREE (3) YEARS WITH AN OPTION
TO RENEW FOR ONE (1) ADDITIONAL THREE (3) YEAR PERIOD;
ALLOCATING FUNDS FROM THE GSA OPERATING BUDGET
AND AS REQUIRED BY OTHER END-USER DEPARTMENTS,
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 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-18-0037
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 12 Printed on 0312012018
City Commission Meeting Minutes February 8, 2018
CA.2
RESOLUTION - Item Pulled from Consent
3451
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
Department of
THE BIDS RECEIVED NOVEMBER 21, 2017 PURSUANT TO
Police
INVITATION FOR BID ("IFB") NO. 754382 FROM JURNEY &
ASSOCIATES, INC., THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER ("PRIMARY"), AND INTERNATIONAL
INVESTIGATIVE GROUP, LTD., INC., THE SECOND LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER ("SECONDARY"),
FOR THE PROVISION OF PRE-EMPLOYMENT POLYGRAPH
EXAMINATION SERVICES FOR AN INITIAL PERIOD OF THREE
(3) YEARS WITH AN OPTION TO RENEW FOR ONE (1)
ADDITIONAL THREE (3) YEAR PERIOD; ALLOCATING FUNDS
FROM THE MIAMI POLICE DEPARTMENT OPERATING BUDGET
AND, AS REQUIRED, FROM OTHER END-USER DEPARTMENT
FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING
THE CITY MANAGER TO ADD SERVICES AND VENDORS TO
THE CONTRACT AS DEEMED NECESSARY BY THE CITY
MANAGER; FURTHER 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.
MOTION TO: Defer
RESULT:
DEFERRED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. Item CA.2 was deferred to the February 22, 2018, Planning
and Zoning Commission Meeting.
Chair Hardemon: CA.2. Mr. Chief, I understand what this item is. This is a pre-
employment polygraph examination services that not only the City of Miami, but many
police departments around the nation use polygraph examinations. We know that
there are staunch supporters of polygraphs, and also people who necessarily don't
believe it is what they're purported to be. And most people would call polygraph tests
"lie detector tests, " but, in fact, I mean, it does not measure whether or not you are
telling a lie. It measures anxiety; it measures your body's physiological response to
conditions. And so, the question that I have for you all is related to a question that I
asked a bit earlier in the week, which was, how is it that -- we know that the Police
Department makes hiring of -- hiring decisions from the polygraph examinations; and
so, I want know what statistics came about that showed what people of color -- black
and brown -- and women versus female [sic] were being disqualified from the process
of being police officers because of the polygraph examination. And if you have those
types of statistics, I would love to have them, because we know that we have a need
for police officers within our community, but we also want them to be police officers
from the community. And when you have certain questions, for instance, that people
may not respond favorably to or some people who are groomed a certain type of way,
who are very honest, and get nervous when certain things are brought up about their
past, or who -- what community they lived in or how they were raised or their father
or sister or brother, uncle -- you know, people who have experienced tragedy in their
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City Commission Meeting Minutes February 8, 2018
lives may respond to things differently from those who have not. And so, I'm worried,
and I haven't had any statistics to prove this, which is why I want to hold this item is -
- I'm worried that we're losing the ability for people who were born and raised in our
communities to become police officers in our communities, because of the nature of a
test that does not prove or disprove that they're being truthful to the agency that's
requesting them to take the test.
Jorge Colina (Chief of Police): I understand, Commissioner. I can assure you --
Well, first -- to the first part of your question, we don't keep statistics on who takes a
polygraph, whether they passed or failed, and then become hired. The polygraph test
is not a qualifier or a disqualifier; in other words, you can come up deceptive in the
polygraph and it does not mean that you're disqualified; that's only one small element
of the background investigation. I can tell you, when I was the Assistant Chief of
Administration, I signed off on hires where the polygraph showed some deception;
however, during a second interview, where we bring the applicant in and ask him to
explain further why could this be, and otherwise a stellar background, work history,
references, et cetera, we've chosen to hire that individual. So it's not a disqualifier
and it's not a qualifier, either. You passed it, that means you're in, that's not the case,
either. But it is a tool for us to be able to better investigate the candidate, because
there's an extensive pre -interview before you take the actual polygraph. The fact that
you know that you're now going to be tested, if you will, we'd like to think that it gives
us a better opportunity to get honest answers. Depending on how that test goes, it
then gives us the ability to call the applicant back, provide a second polygraph after
some clarification. Then, depending on how that goes, we can bring the applicant
back and decide -- again, upon further explanation -- what decision we're going to
make as an agency. I agree with you; I'd like to have as many people from the City of
Miami in our Police Department. It only makes sense that if you live here, you are a
stakeholder, and you want the best for the City and the Police Department. And so, I
share your belief in that regard, and I can assure you that this is not a qualifier or
disqualifier for us.
Chair Hardemon: So part of what my concern is, is that in your response, one of the
things that you said was that the polygraph examination shows deception, right? And
that's not -- as I understand, that would not be a true statement. I mean, that is a
conclusion that someone comes to by looking at what the polygraph examination
shows, which may be heightened moments of anxiety or heightened blood pressure or
heart rate, or things of that nature. And so, everyone, I think, understands -- everyone
who's taken a test understands that some people are poor test takers, and then you
strap some --
Chief Colina: Absolutely.
Chair Hardemon: -- mechanism to someone's chest, and it changes how they feel,
especially when you're in a room with other people asking you questions. So I
understand what's happening, but my concern -- and especially where you say, okay,
"It's not a qualifier; it's not a disqualifier. " However, you have authority to sign off
on someone to move them forward if they have a sign of deception, as you put it. But
that also tells me then that they will not move forward if they don't have your
signature; and so, that's what I'm concerned about. I'm concerned about those who
have the ability to move forward with a signature -- not necessarily your signature,
but a signature -- and those who do not have the ability to move forward. And I want
to know, you know, what that information is, what those statistics are, because I don't
want -- and this is -- I know you're new in your chiefdom, if you will, but I don't want
to move forward, knowing that there could possibly be practices that are keeping
people who should be police officers from being police officers, while enhancing those
opportunities for others, and they perform the same on these sort of examinations.
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Chief Colina: I understand the concern, and that's the reading. I mean, we can use a
different term if it makes somebody feel better, right? But the reading will be, "You
came up deceptive." We can change it to, "You came up" -- or "You" -- you know --
"showed signs of greater anxiety when this specific question was asked. Can you
explain why?" Like I explained it, it really is just a tool. We don't make a final
decision based on the polygraph. I can tell you that the Police Department is
probably 30 percent people of color; whereas the City of Miami is about 17 percent
people of color. So I think we're doing a good job in luring applicants that are black
and brown, if that's specifically your concern. I would also ask, Mr. Chairman, that
as the new Chief, you would give me the opportunity to show you that our hiring
practices are going to be above board, transparent, open to anybody who wants to
come see how we're going to do business. I want a diverse Police Department,
because a diverse Police Department is going to be able to service the community the
best way possible; and certainly, if it's somebody who lives in the City, that's
somebody that I want. And so, I understand why you would be concerned. I assure
you that we're not going to take, just believe someone didn't perform on a polygraph
and use that as the sole factor on the decision that we make. We want the best
applicants to be police oj5ricers.
Chair Hardemon: Are there, in fact, instances where, because of someone's
performance on a certain examination or -- be it physical or academic -- that you
would be disqualified from becoming a police officer?
Chief Colina: We have some disqualifiers, we do, that are automatic. Your traffic
history, for example, depending on how many tickets you've received in 'X" period of
time; if -- depending on if you've been convicted of a crime, for example, you're a
convicted felon, that's a disqualifier. If you admit to us that you used crack cocaine
within -- you know, last month, for example, that can be an automatic qualifier [sic].
So there's some. I can provide you a list of things that are automatic disqualifiers that
you can examine, and if you have further questions after that, we -- certainly free to
talk about it. But I can give you what those automatic disqualifiers are. You can
examine that, and we can certainly discuss it further.
Chair Hardemon: And then, from the automatic, I'm sure you have certain disqual --
and I'm asking it because I know the Police Department is now going on a hiring -- I
mean, I think you'll be hiring soon, very soon, if you have not started.
Chief Colina: Yes, sir; yes, sir.
Chair Hardemon: But the -- What are some disqualifiers that you have discretion
over?
Chief Colina: A disqualifier that there is discretion on, I believe, as the Chief, I
believe -- and I'd have to verify this -- that I can approve anyone, I believe. I'd have
to get clarification; I don't know that for certain. But I can tell you, at least under me,
as Chief of Police that everything is going to be consistent and fair. There are --
there's not going to be a circumstance here where, normally, we wouldn't hire this
person, but, you know, I thought they were swell; and so, I said, "Hey, bring him on,"
or "It's" -- you know -- "Johnny's cousin" or "Billy's" -- you know -- "brother." No,
that's not going to be how it's going to work as long as I'm the Chief of Police.
Chair Hardemon: Any other questions? You're recognized, sir.
Commissioner Carollo: Chairman, the questions that you're asking, I think they are
very appropriate questions, but let me explain, if I can, because this is afield that I
know a little bit about. What we really should be looking at, both of these companies
that are being proposed here, while they might be fine companies, I never heard of
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City Commission Meeting Minutes February 8, 2018
them. That doesn't mean anything, though. But what we should be looking at and is
the key to all of your questions, really, is the experience that the polygraph experts
that are certified have. The exam and the results that you get are only as good as the
person that's giving the examination. If that person doesn't have the experience -- or
even if they've been there 20 years, but they are so-so -- that's where you're going to
run into problems, and it's going to affect, in particular, minorities, and I'm going to
tell you why. Because many times, people are being truthful, but what's going to
come out, because of something that triggers higher emotion on an individual, is
going to be a result that's inconclusive or it could even show the possibility of being
deceptive. And this is where the polygraph examiner comes in; that he needs to do
numerous follow-up questions to get to the bottom of why it's showing either
inconclusive but maybe deceptive, and, you know, get out from them, you know,
what's bothering them inside. And, you know, many times, there are, you know, very
simple answers that you get; it's not that they're lying or anything else. But I think
where we really need to go with this is to -- and I'm not seeing it -- who are these
people? What experience do they really have? And I really don't care about the
principle that that might be the individual that's got the most experience. I want to
know the experience of the ones that are going to be giving the polygraph
examinations to our police officers -- or possible future police officers. Are those
people truly qualified people? I want to see their background, where they got their
polygraph license from, as much as we can from them, and that's where we need to go
at; otherwise, in some cases, we might be spending money, and someone might come
out that, boy, they came out with flying colors, extremely truthful, and down the road,
boom, it explodes on you, and you find out that they missed stuff in that polygraph
that they should have gotten; or vice -versa, like I mentioned before. So, Chief, this is
what I'd like to find out: Who are these two companies? How many polygraph
examiners are they going to provide, strictly to do the examinations in the Police
Department? And what is their experience? Do we have names of individuals?
Chief Colina: I can find out for you, sir. We -- I know that at least since 2010, we've
been doing business; we've had a business relationship with Journey.
Commissioner Carollo: Yeah.
Chief Colina: That doesn't mean, though, that the person giving the exam --
Commissioner Carollo: Yeah.
Chief Colina: -- has been therefor that long.
Commissioner Carollo: Sure.
Chief Colina: So I understand. We can certainly find out, of the individuals that are
specifically going to be conducting our polygraphs, what is their tenure, their
experience, their credentials, and where they're from. We can do -- certainly do that.
Commissioner Carollo: And this is, for me, what I'd like to know, because this is one
of those rare cases that, having the lowest price is not necessarily the best deal.
Chief Colina: Absolutely.
Commissioner Carollo: I guarantee you that we could go out there and get extremely
low prices, and we're going to get people giving polygraph exams that, you know, are
going to miss so much. So I'm -- that's the only area that I feel hesitant about.
Chair Hardemon: You want to continue this item to the next meeting?
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Commissioner Carollo: Well, how much would it harm you, Chief, if we continue it
until the next meeting so we could get a little background on who's giving the
examinations?
Chief Colina: We'll try to get the information that you require, sir, as quickly as we
can. I would imagine it's easily accessible. I don't know why they would not provide
that. As far as I know, we already have it.
Chair Hardemon: You know, but there's information that's listed in here that
describes it, but that does not particularly mean that at the time when the
examinations are given that -- For instance, Ms. Riverkoff (phonetic) will be the one
that will be giving the examinations.
Commissioner Carollo: Yeah.
Chair Hardemon: So that's why I think it's best that when the business decision is
made about who is actually going to be administering the examination that we get
that representation from the company, and not necessarily deal with what's in the
package.
Commissioner Carollo: Exactly. And I want it put into this contract that the names of
the people that they give us are going to be solely the ones that are going to give the
examination, unless for any reason they lose the employment of those people; and
then, they would have to come back and give us the background of who's replacing
them, and that individual then would have to be acceptable to us.
Vice Chair Russell: Mr. Chairman?
Chair Hardemon: You're recognized, sir.
Vice Chair Russell: I would like to learn more about this. I recognize that my two
fellow Commissioners have different reasons for having concerns; one is more
philosophical on the polygraph in general, and it's effectiveness. I don't want to limit
our new Chief by using the purse strings, simply. I would rather have a discussion
with you to understand fully why you feel this is an essential tool, and if it is. And so,
I would move to continue this item, just so we could have a little deeper discussion
with the Chief.
Commissioner Carollo: Yeah. I will say this on the record: This is one more tool,
but I think it is an essential tool for the Police Department. It's not the sole tool that
they rely on, as the Chief stated, but it's just one more layer that helps them in
hopefully catching someone that shouldn't be there. But what we also want to prevent
is that it doesn't stop someone from being a police officer that deserves to be a police
officer. And this is why I'm very concerned as to who's giving the polygraph; their
background, their experience.
Chair Hardemon: All right. It's been properly moved, seconded by the Chair that
this item is continued to the next meeting. All in favor of the item being continued, say
"aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
City of Miami Page 17 Printed on 03/20/2018
City Commission Meeting Minutes February 8, 2018
CA.3
RESOLUTION
3456
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE
Department of
PROJECT ENTITLED, "FY 17 SEXUAL ASSAULT FORENSIC
Police
EVIDENCE - INVENTORY, TRACKING AND REPORTING
PROGRAM;" APPROPRIATING FUNDS CONSISTING OF A
GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF
JUSTICE, OFFICE OF JUSTICE PROGRAMS, FOR THE MIAMI
POLICE DEPARTMENT IN THE AMOUNT OF $264,263.00 TO
PROVIDE FUNDING FOR AN AUTOMATED INFORMATION
SYSTEM FOR THE MANAGEMENT OF SEXUAL ASSAULT KITS;
FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT
SAID GRANT AND EXECUTE THE NECESSARY DOCUMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT
ACCEPTANCE AND ADMINISTRATION OF SAID GRANT.
ENACTMENT NUMBER: R-18-0038
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA. 3, please see "End of
Consent Agenda. "
CAA
RESOLUTION
3628
A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH
Department of
ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF AN
Police
ADVANCED CRIME REPORTING AND ANALYTICS SYSTEM
FROM ZETEKY, INC., FORMERLY KNOWN AS CLOSEWATCH
TECHNOLOGIES, INC., (FORMERLY KNOWN AS ITHINQWARE,
INC.), FOR THE MIAMI POLICE DEPARTMENT, PURSUANT TO
SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, UTILIZING THE COMPETITIVELY
SOLICITED AND EXISTING NORTH CAROLINA DEPARTMENT OF
PUBLIC SAFETY ("NCPS") CONTRACT NO. RFP 19-012693-JJX
EFFECTIVE THROUGH JULY 31, 2019, SUBJECT TO ANY
RENEWALS, EXTENSIONS, AND/OR REPLACEMENT
CONTRACTS BY NCPS; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE MASTER SERVICES AGREEMENT AND THE
SUPPLEMENTAL AGREEMENT (COLLECTIVELY,
"AGREEMENTS"), IN SUBSTANTIALLY THE ATTACHED FORM;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING
ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND
MODIFICATIONS TO THE AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE
WITH ACCEPTABLE REGULATIONS, AS MAY BE NECESSARY
FOR SAID PURPOSE.
ENACTMENT NUMBER: R-18-0039
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 18 Printed on 03/20/2018
City Commission Meeting Minutes February 8, 2018
CA.5
RESOLUTION
3358
A RESOLUTION OF THE MIAMI CITY COMMISSION
Office of the City
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND
Attorney
ON BEHALF OF ADA M. ROJAS, AND HER COUNSEL, SUBJECT
TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA
STATUTES, THE TOTAL SUM OF $196,024.10, INCLUDING
$100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL
SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT
ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS,
AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF
LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD
HARMLESS, AND INDEMNIFICATION AGREEMENT, AS WELL AS
A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT
AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM
ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN
THE AMOUNT OF $195,924.10 FROM ACCOUNT NO.
50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT
OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM
ACCOUNT NO. 00001.980000.531010.0000.00000.
ENACTMENT NUMBER: R-18-0040
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA. 5, please see "End of
Consent Agenda. "
CA.6 RESOLUTION - Item Pulled from Consen'
3527 A RESOLUTION OF THE MIAMI CITY COMMISSION CO -
Commissioners DESIGNATING SOUTHWEST 20TH STREET FROM SOUTHWEST
and Mayor 19TH AVENUE TO SOUTHWEST 22ND AVENUE, MIAMI,
FLORIDA AS "JULIO OSCAR MECHOSO STREET"; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY
OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES.
ENACTMENT NUMBER: R-18-0036
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Chair Hardemon: Mr. Mayor, you're recognized.
Mayor Francis Suarez: Thank you, Mr. Chair. I have two items that can be taken at
the same time, very simple and very brief- both co-sponsored by my Commissioner
Commissioner Reyes. One of them is the naming -- CA. 6 -- of Julio Oscar Mechoso
Street. Julio Mechoso --
Chair Hardemon: And what's the other item?
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Mayor Suarez: The other item is a pocket item related to a request or a directive to
the Auditor General and to the City Attorney to do a review of the packet that we
received from the Marlins, which -- and I can go into that.
Chair Hardemon: Let -- I mean, just wanted to know what it was so we're aware.
Continue.
Mayor Suarez: Okay. So CA.6 is a street naming. Julio Mechoso is a very well-
known CubanAmerican actor who had roles in "Que Pasa, USA?" and over 115
movies, including "Internal Affairs, " "The Lost City, " "The Legend of Zorro, " and
he's someone who is revered among the acting community locally and
internationally, and I just wanted to thank Commissioner Reyes for working with our
office to name and recognize him. He died young, unfortunately, but he's someone
who was a symbol of an immigrant Cuban story, very, very close to Andy Garcia and
to other Cuban actors; and so, I would just like a motion on CA. 6.
Commissioner Gort: Second. Mr. Chairman?
Chair Hardemon: Can the motion also include DI (Discussion Item), with some
brief discussion? I mean, not brief discussion, but can your motion also include the
discussion item?
Mayor Suarez: Are you talking about the pocket item?
Chair Hardemon: Correct.
Mayor Suarez: Yes, it can.
Chair Hardemon: So the motion also includes the discussion item if the seconder
approves. I'd like to open up the floor for public comments. Anyone from the public
like to make a comment about this? Seeing none, I'll close public comment.
Commissioner Gort.
Commissioner Gort: He began his studies in Miami Dade College. I was in a class
with him. Even if you don't think so, I was a thespian at one time; from football, I
jumped to thespian so -- to make a few changes in my life. He was a great man. He
did a lot of work and he did a lot of benefits here within the City of Miami, so we
should be very proud of the works that --
Mayor Suarez: And he also went to Shenandoah Jr. High. If I can just make some
brief comments on the resolution regarding the sale of the Marlins. You know, we
all know -- and none of us were here when that deal was negotiated or approved;
and yet, we today are left with trying to pick up the pieces from what obviously was a
bad financial deal; part of which was that the Marlins would pay a percentage of the
sale proceeds to the County and the City, in conformity with the fact that the City
and the County had spent hundreds of millions of dollars on the stadium and the
parking garages that are pertinent to the stadium. This resolution essentially
authorizes the Independent Auditor, the City Manager, and the City Attorney to
immediately review the package that we received from the Marlins, which claim that
they have lost $145 million on a -- on the sale of a business that they acquired for
200 million and sold for 1.2 billion in a relatively short period of time. And what I'm
trying to do here is -- There are apparently some deadlines related to the monies
that they have on deposit, and I just want to make sure that the City Attorney, the
City Manager, and the Auditor have the authority to dive into this information, ask
the relevant questions that are needed, and if they determine that we have a claim
that they, through this resolution, are authorized to pursue that claim; whether it's
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through lawsuit; whether it's through putting a claim against the deposit; whatever
legal avenues are necessary for the residents of the City of Miami to be vindicated in
terms of whatever rights they may have with regards to the sale. So those are my
comments. I thank Commissioner Reyes for also co -sponsoring it.
Commissioner Reyes: Yes.
Vice Chair Russell: I'll make the motion. Has it been moved?
Commissioner Reyes: Yes. Mr. Chairman?
Chair Hardemon: You're recognized.
Commissioner Reyes: I totally agree with Mayor Suarez, and I want to add to that,
that I think it is proper that all our residents, they know and understand the
ramifications of this, and how the City of Miami was affected. I have been reading
and I've been hearing a lot of comments that the City of Miami didn't lose that much;
that only -- the only thing that we have been affected is by the garages, that they
were made. But that's not true; that's not so. City of Miami lost more than that.
And I want people -- I want to remind you guys -- and you know that, Mr. Mayor,
and those that were here -- that the stadium was part of the global agreement, you
see; was part of the global agreement. Because of that agreement, global
agreement, the City of Miami lost about $6 million that we got from the bed tax that
we are now redirecting it to Miami -Dade County. And part of the -- stadium was
part of the global agreement, and those that voted for the global agreement, they
were voting for the stadium; although some of them now claim that they did not
support the stadium. Another thing that people don't realize is that the land was
given by the City of Miami; it's a very valuable land; that it was given by the
residents of the City of Miami; not by Dade County or anybody else. That was City
of Miami property, and it was a very valuable land. Also, the City of Miami paid for
the demolition of the Orange Bowl. And as a matter of fact, if my memory doesn't
betray me, there was about $50 million that they were -- that it was set aside for the -
Vice Chair Russell: Renovations.
Commissioner Reyes: -- renovation of the --
Vice Chair Russell: Right.
Commissioner Reyes: -- Orange Bowl stadium, and I wonder where that money
went, you see? So what I want to make sure is, Ms. -- Madam City Attorney -- is you
go and you do whatever it is necessary, because it is about time that we stand up and
we don't allow anybody else to do -- I mean, this have to -- we -- this have -- we have
to set a precedent, that doesn't happen again, that doesn't -- I mean, there are
consequences and -- there are consequences. So I just wanted to make those points
so people -- to make it clear, to make it clear. And I would like to ask the City
Manager if there is any chance, any chance that we could recoup some of that bed
tax. We don't get a single penny out of the bed tax. And people are going to say,
"Well, if you think that that can only be used for tourist -related items or costs, " well,
now there's a law going around that, probably, we could use those funds for
infrastructure repair, you see? So I want to know if we can recoup some of that -- of
those funds. That's -- really is bothering me a lot that we have given up so much.
Yes, sir.
Mr. Gonzalez: Sir, we'll look into that, and I'll get back to you personally.
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Commissioner Reyes: Thank you, sir. And I don't have anything else to say.
Chair Hardemon: Any further comment?
Vice Chair Russell: Mr. Chairman?
Commissioner Carollo: Yes. Whenever --
Chair Hardemon: Mr. Vice Chairman --
Vice Chair Russell: I'll defer to him.
Commissioner Carollo: Thank you.
Chair Hardemon: -- then Commissioner Carollo. You're recognized, Vice
Chairman.
Vice Chair Russell: Thank you. Clearly, this is one last kick in the teeth out the
door, and we're not going to settle for it. But as Commissioner Reyes said, going
forward is where we really need to be careful, because if you negotiate a poor deal,
you get what you negotiate. For sure, in the future, we should be looking at
calculations based on --
Commissioner Reyes: Yes, sir.
Vice Chair Russell: -- gross profit and not net profit, because the net can be
anything after everything is subtracted, which seems to be where they're trying to
leave us at this point. And I'm heartened that we have a very sharp real estate/asset
management team, but we need to always man ourselves and have the right tools
available to ourselves when we negotiate these larger P3s as we go forward -- and I
think we've discussed this before at an earlier Commission -- to make sure that we
are getting the help we need so that we don't get outgunned.
Commissioner Reyes: Yeah.
Chair Hardemon: Mr. -- I'll allow --
Commissioner Reyes: Oh, no, no. I was just going to say that I agree with him a
hundred percent.
Chair Hardemon: Commissioner Carollo.
Commissioner Carollo: Well, I'm glad I'm hearing a lot of tough talk today. I just
want to make sure we land a punch. And the whole story of the Marlins is probably
the worst deal ever, ever in the history of the State of Florida; not just Miami. And
even though you heard quite a bit already here today of how bad this deal is, you
don't know just how bad it is, because it includes a lot more that is hurting the City
of Miami now and will hurt us into the future, and we're probably going to be in
litigation with them in the future because of it. I'd like to, Mr. Mayor, particularly
since you quoted him at the great inauguration that we had -- it was a fine
inauguration -- for the new Police Chief. Give the former Mayor that was
responsible in convincing the Commission at the time to approve this deal -- Mayor
Manny Diaz -- to come here at the next meeting and to give us his take on what he
thinks now that the City should do and how we should go about it, and if he still
thinks it's such a great deal, like he sold us before. I think that would only be
appropriate. But beyond that, here are some of the things we need to know before
we jump into this: The potential take for the City now is 20 percent of whatever is
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given, because the County gets 80 percent. What I want to make sure is that we don't
throw any more good money out the door into bad money; and by that, I mean that I
don't want to spend any more money if we're not going to get anything back. I think
we should try to use the County as much as we can. That doesn't mean that, you
know, we're not going to litigate ourselves if we have to, but I think we should work
as closely as we can with the County, because they have a lot more at stake than we
do in this. But what I --Id like for the Administration to comeback at some point --
and Mr. Manager, I know you're new here, and in essence, a lot of us are, too, to this
topic, because very few of us were here when this got approved. I'd like to know
what the status was in that contract with the land where the Marlins Stadium stays
in. Does that come back to the City of Miami whenever, in the future, if the Marlins
don't play there anymore, or does the County get to keep it? I think it's important for
the City to know that. Secondly, I'd like to get a report; not just on what the deal was
with the parking structures, because from what I've been told and this -- there are
bits and pieces -- that we don't even control our own parking. There's a lot of areas
within the contract that the Marlins put in that tie our hands down as to what use we
could have in the retail space within the parking structures. Secondly, there's a
tremendous amount of land around the stadium, in the front, in the back that
amounts to quite a few acres, that it's part of that contract with them for parking. If
we wanted to build, let's say, at some point in the future, like it's been discussed as a
potential site, a new City Administration building there, what problems are we going
to run into? If we want to build in the back affordable housing, that we could build a
lot of it, what problems are we going to run into with them because of those
contracts? These are very legitimate questions that we should know the answers to,
and they're long term. And these are part of the areas that the residents of Miami
have no idea how we got sold out; not just in actual real money we put out, but in
lands that go above and beyond where the stadium site sits today. So if we could all
get that, I think it would be very helpful so we could see how we could move forward,
because the City has a lot of assets there that I want to make sure that we're not
handcuffed totally, and that we have some alternatives of what we could do. But for
many that wonder why the soccer stadium never went next to the Marlins Stadium,
like a lot of people thought would have been the natural thing to have done, let me
tell you why: Precisely because of the contracts that were made back then; that's the
reason they didn't bring that soccer stadium there, because the Marlins were in full
control, even with a new stadium coming in, into City property, because of all the
controls they had on the parking. But beyond that, even in naming rights, they could
control naming rights in a new stadium. So this is the worst deal ever; and frankly,
it's -- you know, I can't imagine how this could have been recommended to this
Commission, because it was a total sellout of the residents of Miami.
Mayor Suarez: Thank you, Mr. Chair. I agree with a lot of your sentiments,
Commissioner, if not all of them. I -- you know, I think our perspective is that we
have rights that we potentially can exercise, and I agree that we shouldn't spend any
more good money after bad, but I do think we have internal resources that can allow
us to make sure that -- There are time deadlines, for example, with reference to the
deposit; $50 million that they have on deposit. And I just want to make sure that this
Commission is empowering the Administration to do everything that they need to do,
in conjunction, like you said, with the County. And I do agree that we should
leverage the County's work. But I've spoken briefly with our Auditor General, and I
know he has a lot of questions relative to the packet that was submitted to us. So I
think -- and I agree that there are -- Like you said, this is an onion that has a bunch
-- a lot of layers, and there are certainly a lot of layers that start with the stadium,
the garage, the spaces, the properties that surround the stadium, et cetera. So, you
know, we're on the same page.
Commissioner Carollo: Last point that I'd like to bring out -- and we're not going to
be able to change this in this stadium, but I think we need to keep this in mind for the
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future stadium. When I was Mayor and we entered into the contracts with the
County on the land to have the Miami Heat Arena built, I made sure that one of
those conditions would be that our Police and Fire would patrol inside, because it
was in City of Miami limits. That was another sellout that we had; that our Police
and Fire do not patrol the inside of that stadium. As long as I'm here, I don't want to
see -- and I hope that every one of us would agree to that --
Mayor Suarez: Yeah.
Commissioner Carollo: -- I don't ever want to see another stadium that's built inside
City of Miami limits that any other agency outside of the City of Miami is going to
have the main responsibility for the protection of life and property inside that
stadium.
Mayor Suarez: I totally agree, when the sale of that parcel from the County to the
Beckham Group, if you will, was made, there was a provision slipped in there at the
end about that specific issue, and I was very clear that I would not be amenable to
changing the fact that our police officers should be the ones that are doing off-duty
in facilities inside the City of Miami, for a lot of logistical reasons, including but not
limited to the fact that they deserve it. And I was given some assurances at the time,
and hopefully -- I have no reason to doubt that those assurances will be upheld --
that that can be managed and that if the stadium does go in that site or anywhere
else in the City of Miami that, in fact, it'll be our officers that are doing the off-duty.
Thank you.
Chair Hardemon: All right. Seeing no further comment, any further discussion on --
Well, seeing no further comment on the issue, all in favor of the motion, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes --
Mayor Suarez: Mr. Chair, if I could just --
Chair Hardemon: -- on CA.2 [sic] and --
Mayor Suarez: -- have one little point of privilege to --
Chair Hardemon: -- I'm sorry; that was CA.6 and the discussion item.
Mayor Suarez: -- if I can just have a point of privilege to just welcome the new
Manager? I wasn't here at the last Commission meeting, so I just wanted to take a
moment to welcome him and wish him well. Thank you.
Chair Hardemon: Thank you very much.
END OF CONSENT AGENDA
Chair Hardemon: Okay, let's look at the consent agenda. What I ask is that item
CA.2, let's remove it from the consent agenda so we can talk about that one
individually. But is there a motion to approve items CA.1, 3, 4, and S?
Commissioner Carollo: Mr. Chairman, I'd like to briefly pull CA.3 and CA.4, just to
get some questions on the record.
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Chair Hardemon: You will also be able to get the questions on the record with this
included, if you think you may be voting on this, because I have questions for people.
Commissioner Carollo: Okay. Then, that's fine. I mean --
Chair Hardemon: Okay.
Commissioner Carollo: -- include them in the CA (consent agenda).
Chair Hardemon: All right. So CA. 1, 3, and 4, and 5, it's been properly moved and
seconded that we approve those items.
Commissioner Carollo: Move.
Chair Hardemon: Discussion.
Commissioner Carollo: Discussion.
Chair Hardemon: You're recognized.
Commissioner Carollo: If I can get a representative from the Police Department just
to, on the record, give us a little bit of explanation, if we could jump on CA. 4. And I
apologize, Chief. When we spoke before, I didn't have the information on this one
before me. And when I met with staff, there was no one from the Police Department,
so the information they gave me was very limited. And just briefly, I just want to see
what this is all about that you're asking for here.
Jorge Colina: Jorge Colina, 400 Northwest 2nd Avenue; Chief of Police. Good
morning, all. CA. 4, Commissioner, is a grant where there is no match on the part of
the Police Department. It's essentially to use an electronic web -based tips system.
We have a consultant onboard that'll help us in the development of that system.
Obviously, depending on how that projects out, we'll make a decision in July, next
July, when that time comes, to see effectiveness of it, but this is just through July. It
was accepted previously, last July 27. And so, essentially, it's just to get the
approval to spend the money.
Commissioner Carollo: What does it do exactly, though, Chief, is what I'm trying to
get to.
Chief Colina: There's different elements. One of the things that's being tossed
around is potentially having an app (application), for example, that would allow
someone to go on and give us information they may not be comfortable with,
providing to someone personally, so that's one of the elements that we're looking at.
But essentially, it's trying to find ways to make people comfortable with providing us
information that will allow us to be more effective in our duties as a police
department.
Chair Hardemon: Can I follow up on that? The -- when I read the item, it seemed to
me that the kind -- the reporting analytic system was basically a way that students in
school could send in information to police officers in order to help them investigate a
crime. And so, I know that, because we're piggybacking off of this, it's being used
elsewhere, right? This contract is being used elsewhere.
Chief Colina: Yes, sir.
Chair Hardemon: So do you have any knowledge as to how effective or what good it
has done in any schools? Because I have -- you know, I'm starting to have some
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City Commission Meeting Minutes February 8, 2018
apprehension about how -- and the City of Miami doesn't police schools, so that's an
interesting part about this, you know; the School Board polices the schools. So I just
don't understand how you all want to use it, how you're planning on educating
people about it, and how you believe that it's going to make people comfortable
using this sort of program. And then second, the money that you're using to
implement this program, can that money be used in any other way besides finding
this sort of new technology to help investigate crimes?
Chief Colina: That's the purpose of hiring the consultant that's going to be able to
give us the information that we need. There are some areas that we're not
completely comfortable with, also, and what information do we then have to provide
later, what's a public record, what isn't, so there's a lot of elements that we're going
to explore. But essentially, at the genesis, is to just find an additional platform to try
to receive information for us to better solve crimes. But we're going to rely on what
the consultant gives us and tells us, and the effectiveness of similar programs
throughout the country. This one is a piggyback from North Carolina Public Safety.
And so, we will measure the effectiveness of it, and then we'll make decisions as we
go along. We're not going to be married to anything.
Commissioner Carollo: Okay.
Chair Hardemon: Do you have more questions?
Commissioner Carollo: I don't on this item; if we could go to the other Police item,
CA.3, we briefly spoke on this, Chief,• if, for the record, you could put down what this
really entitles [sic], because there's some in the media that have been asking
questions on this. As I explained to you, they seem to be confused, so I'd like to get
on the record what CA.3 really entitles [sic].
Chief Colina: Sure. And I think the folks in the media that you're referring to
perhaps didn't read the supporting documentation attached to the item. This item is
not for DNA (deoxyribonucleic acid) testing. This item is not to process kits. This
item is specifically designed to upgrade our information system, the technology that
we use to properly track, process kits as they come in so we don't have a repeat of
what happened in 2015. This item is -- additionally, this money would be spent on
proper storage so we have greater preservation time of evidence that we collect out
in the scene. This is what this is specifically designed for.
Commissioner Carollo: Bottom line, it's strictly software for that purpose?
Chief Colina: This is software for that purpose, sir --
Commissioner Carollo: Okay.
Chief Colina: -- so we don't repeat mistakes of the past.
Commissioner Carollo: Thank you, Chief.
Chief Colina: Sure.
Chair Hardemon: Are there any other questions on the motion? Seeing no further
questions, all in favor of the motion, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes. That's CA. 1, 3, 4, and 5.
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0001:1IDI: IMWNIki[4�
PHA
RESOLUTION
3470
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "ONE
Department of
PARAISO," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY
Public Works
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-18-0042
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Chair Hardemon: I want to come back to CA. 2, but what I'll do is -- let's hammer
the public hearing items at this time. So is there a motion to approve the public
hearing items? That's PH 1, 2, and 3.
Commissioner Carollo: One second, Chair. There's a motion.
Chair Hardemon: And the Chair seconds. Any further discussion?
Vice Chair Russell: Mr. Chairman?
Chair Hardemon: You're recognized, Mr. Vice Chairman.
Vice Chair Russell: Sure. On PH1, I just wanted to ask the applicant a question
about baywalk access to ensure that there will be baywalk access when that plat is
completed, on both sides.
Chair Hardemon: Is the applicant here, or is it just the --?
Vice Chair Russell: I believe I saw their representative around.
Chair Hardemon: Was that required, sir; within the City's --?
Juvenal Santana: Good morning, Commissioners. Juvenal Santana, director of
Public Works. The applicants I'm searching for, perhaps their attorney's in the
audience, but I do not see them.
Chair Hardemon: Was that a requirement that you had that there was baywalk
access?
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City Commission Meeting Minutes February 8, 2018
Mr. Santana: From the -- Commissioner Russell, what's the exact question?
Vice Chair Russell: So as part of that re platting and their development in that area,
they're creating a baywalk --
Mr. Santana: That's correct.
Vice Chair Russell: -- and -- which is meant to have public access. I want to make
sure that they're offering public access on both sides.
Mr. Santana: So to be clear, the creation of the baywalk is a requirement; not of the
plat, but of their building permit through zoning.
Vice Chair Russell: Yes.
Mr. Santana: So that has been constructed. As far as access to the property of the --
to the north, I'm not sure if that was a requirement of their Building Department
permit or not.
Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Assistant City Manager. There
is an -- a private agreement between both parties on the north and the south. The
property, which is One Paraiso Bay, which is (UNINTELLIGIBLE) the plats, he's not
going to place any fence there. I got a confirmation from the attorney, who is
supposed to be here this morning, that they are not erecting any fence. However, the
property on the north has an existing fence, which then they have to remove once
they do their own baywalk.
Vice Chair Russell: Whose fence is it?
Mr. Ihekwaba: The guy on the north side, which is Northeast --
Vice Chair Russell: The fence belongs to the north side?
Mr. Ihekwaba: It belongs to the people on the north side. This plat is not in --
constructing any fence, so we are fine with that.
Vice Chair Russell: So it's up to the property owner on the --
Mr. Ihekwaba: On the north side.
Vice Chair Russell: -- north side.
Mr.Ihekwaba: Yes.
Vice Chair Russell: If they choose to remove their fence --
Mr. Ihekwaba: To create a continuity.
Vice Chair Russell: Right. And even if they don't have a baywalk on that north
property --?
Mr. Ihekwaba: Whenever they come in to develop that property, they will be
required --
Vice Chair Russell: They would be required to, but even --
Mr. Ihekwaba: --to --
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Vice Chair Russell: -- they could open that fence even without having their baywalk,
if their residents wanted access to the baywalk, because there's a public park that
they're proffering as part of this entire development, if I understand.
Mr. Ihekwaba: It's up to them to remove their fence.
Vice Chair Russell: Yeah. Okay. Thank you.
Chair Hardemon: Any further discussion? Hearing none, all in favor of the item,
say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
PH.2
RESOLUTION
3516
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "MUSEUM
Department of
SUBDIVISION," A REPLAT IN THE CITY OF MIAMI 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; 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-18-0043
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item PIL2, please see Item PH.].
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City Commission Meeting Minutes February 8, 2018
PH.3
RESOLUTION
3546
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
RECOMMENDATIONS AND FINDING, ATTACHED AND
INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE
NEGOTIATION METHODS AND PROCEDURES ARE NOT
PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI
("CITY") PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE
RECOMMENDATIONS AND FINDING, ATTACHED AND
INCORPORATED AS EXHIBIT "A," OF THE CITY MANAGER THAT
THE LIBERTY CITY OPTIMIST CLUB OF FLORIDA, INC., A
FLORIDA NOT-FOR-PROFIT CORPORATION ("OPTIMIST CLUB"),
IS THE MOST QUALIFIED FIRM TO PROVIDE SERVICES
DESIGNED TO INCREASE ACADEMIC ACHIEVEMENT, POSITIVE
SOCIALIZATION, FITNESS AND HEALTH, AND PARENTAL
INVOLVEMENT FOR AT -RISK YOUTH AT HADLEY PARK;
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROGRAMMING PARTNERSHIP AGREEMENT ("PPA"), INA
FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND
COUNSEL, FOR THE CONTRACT PERIOD COMMENCING MARCH
1, 2018 THROUGH FEBRUARY 28, 2038; FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE SERVICE
AUTHORIZATION LETTERS, AMENDMENTS, EXTENSIONS,
RENEWALS, MODIFICATIONS, AND ANY AND ALL OTHER
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY AND BOND COUNSEL, TO IMPLEMENT
ACCEPTANCE OF AND COMPLIANCE WITH SAID PPA.
ENACTMENT NUMBER: R-18-0044
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item PK3, please see "Public
Comment Period for Regular Item (s), " and Item PKI.
END OF PUBLIC HEARINGS
City ofMiarni Page 30 Printed on 03/20/2018
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M:�9Elsie] ►1III N;ril911►[eye]N911►/_1►[M*I
SRA
ORDINANCE Second Reading
2889
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 42/ARTICLE IV/DIVISION 3 OF THE CODE OF THE
Commissioners
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
and Mayor
"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: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Gort, Reyes
ABSENT: Carollo
Note for the Record. Item SR.] was deferred to the February 22, 2018, Planning
and Zoning Commission Meeting.
For minutes referencing Item SR.1, please see "Order of the Day. "
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SR.2
ORDINANCE Second Reading
2961
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
Commissioners
AS AMENDED ("CITY CODE"), ENTITLED "GROUP HOMES," TO
and Mayor
AMEND SECTION 62-650 OF THE CITY CODE, ENTITLED
"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 SENIOR
RESIDENTS IN THE AFTERMATH OF HURRICANES AND MAJOR
STORMS RESULTING IN WIDESPREAD POWER OUTAGES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Gort, Reyes
ABSENT: Carollo
For minutes referencing Item SR.2, please see "Order of the Day" and "Public
Comment Period for Regular Item (s). "
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SR.3
ORDINANCE Second Reading
2988
AN ORDINANCE OF THE MIAMI COMMISSION AMENDING
Commissioners
CHAPTER 10/ ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
and Mayor
FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED
"BUILDINGS/IN
AYES:
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 SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Withdraw
RESULT:
WITHDRAWN
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Russell, Gort, Reyes
ABSENT:
Carollo
For minutes referencing Item SR.3, please see "Order of the Day. "
SRA
ORDINANCE Second Reading
2987
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 18/ARTICLE III/SECTION 18-72 OF THE CODE OF THE
Department of
CITY OF MIAMI, FLORIDA, ENTITLED "FINANCE/CITY OF MIAMI
Procurement
PROCUREMENT ORDINANCE/APPLICATION AND
EXCLUSIONS," BY AMENDING SECTION 18-72(B) TO EXCLUDE
FROM THE REQUIREMENTS OF THE CITY OF MIAMI
PROCUREMENT ORDINANCE ANTI -POVERTY INITIATIVE AND
SOCIAL SERVICE GAP ALLOCATIONS OF UP TO $50,000.00 IN
ANY ONE (1) FISCAL YEAR PROVIDED TO ANY SINGLE ENTITY;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
ENACTMENT NUMBER: 13744
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Chair Hardemon: Okay. What I7/ do now is have the City Attorney read into the
record the -- SR. 4.
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Chair Hardemon: Is there any discussion? Hearing none, is there a motion?
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City Commission Meeting Minutes February 8, 2018
Commissioner Gort: Move it.
Chair Hardemon: It's been properly moved; seconded by the Chair. All in favor of
the item, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
NIkiIOZe]; &Ixf%]►1911N; W 911►[eye]N911kiVAki N 4=
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FRA
ORDINANCE First Reading
3454
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
Office of the City
AS AMENDED, ENTITLED "GENERAL PROVISIONS," BY
Attorney
UPDATING LANGUAGE TO COMPLY WITH CURRENT LEGAL
STANDARDS AND PRACTICES; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Chair Hardemon: FR. 1. Please read it into the record.
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Chair Hardemon: Is there any discussion? Hearing none, is there a motion?
Commissioner Reyes: Move it.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded All in favor of the item,
say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
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FR.2 ORDINANCE First Reading
3458 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Office of the City CHAPTER 2/ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI,
Attorney FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/IN
GENERAL," BY UPDATING LANGUAGE TO COMPLY WITH
CURRENT LEGAL STANDARDS AND PRACTICES; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO:
Pass on First Reading
RESULT:
PASSED ON FIRST READING
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Joe Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
Chair Hardemon: FR. 2. Please read it into the record.
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Commissioner Reyes: Move it.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded Any further discussion?
Hearing none, all in favor of the motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
FR.3
ORDINANCE First Reading
3424
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI,
Commissioners
AS AMENDED ("CITY CODE"), ENTITLED "COCONUT GROVE
and Mayor
BUSINESS IMPROVEMENT DISTRICT, DESIGN DISTRICT AND
WYNWOOD PARKING IMPROVEMENT TRUST FUNDS;"
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Gort, Reyes
ABSENT: Carollo
Note for the Record. Item FR.3 was deferred to the April 12, 2018, Regular
Commission Meeting.
For minutes referencing Item FR.3, please see "Order of the Day. "
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City Commission Meeting Minutes February 8, 2018
END OF FIRST READING ORDINANCES
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I N � N ; &1011 tit1101kiR?
RE.1
RESOLUTION
3250
TO BE WITHDRAWN
Department of Real
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Estate and Asset
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Management
EXECUTE A TEMPORARY ACCESS AND HOLD
HARMLESS/INDEMNIFICATION AGREEMENT ("ACCESS
AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY') AND THE MIAMI DADE
COUNTY SCHOOL BOARD ("SCHOOL BOARD"), WHEREBY THE
CITY GRANTS TO THE SCHOOL BOARD TEMPORARY ACCESS
RIGHTS TO 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: Withdraw
RESULT: WITHDRAWN
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Gort, Reyes
ABSENT: Carollo
For minutes referencing Item RE.], please see "Order of the Day."
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City Commission Meeting Minutes February 8, 2018
RE.2
RESOLUTION
3420
A RESOLUTION OF THE MIAMI CITY COMMISSION
Department ofReai
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
Estate and Asset
EXECUTE A LEASE AGREEMENT ("LEASE") IN A FORM
Management
ACCEPTABLE TO THE CITY ATTORNEY BETWEEN THE CITY OF
MIAMI ("CITY") AND 33 DOWNTOWN, L.L.C., A DELAWARE
LIMITED LIABILITY COMPANY ("LESSOR"), FOR THE USE OF
APPROXIMATELY TWELVE THOUSAND FIVE HUNDRED SIX
(12,506) SQUARE FEET OF OFFICE SPACE IN THE BUILDING
LOCATED AT 33 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA,
FOR THE CITY'S DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPMENT ("CED"), WITH A MONTHLY RENTAL
FEE OF TWENTY THOUSAND EIGHT HUNDRED FORTY THREE
DOLLARS ($20,843.00) WITH ADDITIONAL OPERATING
EXPENSES AND INCREASES OF THREE PERCENT (3%) PER
YEAR FOR AN INITIAL FIVE (5) YEAR TERM WITH TWO (2)
ADDITIONAL FIVE (5) YEAR OPTIONS TO RENEW, WITH TERMS
AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID
LEASE; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A PARKING AGREEMENT
("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY AND THE CITY'S
DEPARTMENT OF OFF-STREET PARKING, ALSO KNOWN AS
THE MIAMI PARKING AUTHORITY ("MPA"), FOR THE USE OF UP
TO FORTY (40) PARKING SPACES IN MPA LOT NO. 33 LOCATED
AT 155 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, FOR THE
CED'S PARKING RELATED NEEDS, ON A MONTH-TO-MONTH
BASIS, WITH A MONTHLY RENTAL FEE OF FORTY DOLLARS
($40.00) PER SPACE WITH TERMS AND CONDITIONS AS MORE
SPECIFICALLY SET FORTH IN SAID AGREEMENT.
ENACTMENT NUMBER: R-18-0046
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Chair Hardemon: What we can do -- Chief, I know you have a few other items that
are on the agenda, so -- particularly one -- let me see. You have RE. 4; I believe RE
(resolution) -- well, RE.5 might be just for the City, but RE. 4, so I want to call our
attention to RE.4 for a second. I understand this is the Special Revenue Project
COPS (Community -Oriented Policing Services) Hiring Program, which allows the
Federal Government to supplant -- no -- supplement our City with police officers,
newly -hired police officers. Now, the -- we've been using a COPS Grant for some
time now. I think the Federal Government has moved to a system where they want to
increase the number of police officers in communities. We, as a city, have hired
more police officers, as well, so it's -- that assistance is important. But if you
remember, there was a conversation that we had on this dais when Commissioner
Sarnoff was advocating to have more police officers in the community; that we
introduced the Anti -Poverty Initiative. And the Anti -Poverty Initiative was the
thought that you had to give resources to a community to provide a holistic solution
to reducing crime rather than just putting officers there, expecting those officers to
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reduce crime. And still, the former Chief was able to give me a book that I'm
reading, and I'm almost done with it. Unfortunately, I've only been able to dedicate
two days to it, so I'm about halfway through it. But in the book, one of the first
things that it describes is how cities that had rises in crime, and then it also had
decreases in crime, also had an increase in 501(c)(3)s that were dedicated to giving
youth and young folk, if you will -- well, young adults -- opportunity to do other
things rather than engage in illegal activities. So that looks like providing jobs for
the community; that looks like providing organizations like Liberty City Optimist
opportunities where they can relate to these kids, because if those children are doing
things that are productive, then they're least likely to be picking up a firearm to go
rob someone. If you have a job, you working from 9 to 5, you're not getting off at 5,
5:30, 5 o'clock to stick someone up. I mean, you're most likely going home to get
yourself ready for the next day. And so, in this -- Vice Chairman, I know you talked
about the purse. I don't want to find ourselves, Mr. Manager, in a situation where
we're continually investing in our police force, where we've increased the amount of
dollars that we've needed for helicopters; we've increased the dollars for AR -15s;
we've increased dollars now for additional police officers; we've given more dollars
for specialized police units; as you've described, you're going to increase your
representation for the gang unit; all very important things in getting rid of crime in
the community. However, what I have not seen a direct increase in is the resources
that are meant to provide some seed to these communities. And I'm sure a lot of you
were around for Weed and Seed. We're doing a lot of weeding, but we're not
providing the seeding. And so, Mr. Manager, what I'm trying to find is, where is it
that in our budget, the City of Miami has increased its funding to help provide more
resources to provide for more opportunities for youth employment, for youth services
in our budget, coming up, so that when these -- so that it shows that it's not just
about being tough on crime, but also being --
Vice Chair Russell: Prevention.
Chair Hardemon: -- giving our people an opportunity to really do things and gain
employment, and earn skills so they can be productive themselves in moving
forward? So that's a two-part question. I know it deals with your budget; it deals
with you having police officers, but it really speaks to our City Manager. How are
you going to help dedicate these resources?
Emilio T. Gonzalez (City Manager): Sir, as we develop the budget, we'll be working
to enact those tools to work with the police. I agree with you completely. You just
can't have the enforcement part if you don't have -- if you don't give people an
opportunity to excel, and put them on a level playing field. So I'll be getting back to
you on that and I want -- as we start developing the budget, specifically -- and I'll
brief you on that personally.
Chief Colina: And Mr. Chairman, I would -- This grant, accepting this grant would
be saving the taxpayers close to $2 million. I mean, we're a growing city. We're
going to eventually add police officers. This allows us to add 15 additional police
officers. There is a match on our part. It's ultimately going to cost our taxpayer
money. However, we can't get away from the fact that the Federal Government is
willing to pay us this amount of money so we can hire these 15 officers. This is from
Community Policing Grant. The way that we would use these officers is that they
would be trained to be in all our neighborhoods, a homeland security component of
that; and so, we would have officers that would go out in your area, for example.
And -- you know -- what's a sought target? What can we do here to better be
prepared if somebody wanted to harm us in a much broader way? And so, I think
it'd be incredibly important to accept this grant. It would allow us to grow our
Police Department. And, like I said, ultimately, it's going to be a savings to our
taxpayer.
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Chair Hardemon: Commissioner Reyes.
Commissioner Reyes: Yes. To start with, I do agree with you wholeheartedly that
we need programs and there's prevention programs that we should start going into
our neighborhoods. And I'm glad that the City Manager -- he says that he's going to
look into it and you're going to -- we're going to direct some funds into programs
that is going to help our youth before they become criminals. I totally support that.
But I also support -- and I am a big believer of community policing, you see. Now
we are adding another 15 police officers, and they're going to be hired, and I would
like to see more police in our neighborhoods; more police. And I know that is -- I
mean, sometimes the -- only the police presence is a deterrent to crime. And if
you're going to write, do a report at all, instead of going to a service station -- or go
anyplace -- go into one of our streets; write it there. You see, I was very happy to
see this coming back again, coming back into one of my -- one of the neighbors that
a police officer just stopped by to check on their house. We want to have more of
that.
Mr. Gonzalez: Yes, sir.
Commissioner Reyes: I strongly believe in -- that our community has to feel
protected, and that is the only way. And they have to trust our officers; not that -- I
know that you guys, you're putting your life on the line to protect us, but they have to
know that, see. They have to know that. And another thing that I will strongly
request from you, Chief, is that we have to enforce our traffic laws, you see. If you
see somebody that it is running a red light, stop them, for god's sake. I have seen
many a times that -- have been a police officer next to me, and next lane, somebody
has made -- run straight -- a red light or -- and nothing had happened; nothing had
happened. I think that when any other individual, they are witness to that, they
going to say, "Why do I" -- "shall comply with the City of Miami traffic laws if
they're not going to be enforced?" I mean, these people are not doing it. And I have
heard that a lot, and I don't --from what I've seen, some of them, they are right. And
also, Mr. City Manager, the other day we -- I was talking to you -- and I think this
could be -- it could be a good idea, and I think that we should look into it. You see,
when you're doing your hiring, I think that we have a lot of veterans here; a lot of
veterans that they have been MPs (military police), that they have been partly
trained, and we know that they are -- they know how to take orders. And I will
strongly recommend that you look into it; and besides that, those are people that they
had done their duty defending us, and some of them are totally forgotten, you see. I
think that they deserve a chance.
Mr. Gonzalez: Thank you, Mr. Commissioner. As a matter of fact, the three items
you just mentioned are three items that the Chief and I have already discussed, as far
as community policing, enforcing transit rules, and hiring veterans. So if -- I don't
know, Chief, if you want to add anything.
Commissioner Reyes: Okay.
Chief Colina: In terms of the veterans, it's one of the initiatives that I spoke about.
As the new Police Chief, I agree with you. I think that we have an opportunity.
Florida is a State that has an incredible amount of military bases spread out,
throughout the State.
Commissioner Reyes: Yes, sir.
Chief Colina: So it's not like we'd have to go very far to recruit. I think someone
that's been in the military for 15, 20 years, for example, that is now retiring, they're
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still 39, 40 years old, they're young, and have already demonstrated a commitment to
service, and a commitment to discipline, commitment to doing the right thing, and
that's somebody that I would find very appealing to add to our ranks. So we are
going to be recruiting retiring military professionals.
Commissioner Reyes: Okay. Thank you, sir. Thank you.
Chair Hardemon: I want to touch on something that the Commissioner said. I
agree, those "Watch Over Miami" cards, I've received them over years in different
areas that I've lived in. And so, I will say that it is appreciated when you get a card
that says, "Remove the valuables from off of your front seat. It may cause someone
to break into your car window and steal something from you." But there are other
checks that I've seen in neighborhoods, where I have people like Ms. Stewart, just
behind you, that have come to me and said, "Listen, in the Overtown community, on
20th -- 17th Street, 19th Street and -- well, there's a -- and we can get the particular
address, but there are apartment complexes where the increase in the police is not so
welcomed, because the police are treating the people like they aren't residents of the
complex. So -- and since -- what I'm explaining to you is that a police officer comes
to a resident and/or their guest and says, "You go in the house. You can't sit out
here. No one can be out here. " And those things are problematic, and I know that
those are -- they're always very hard to swallow, because you want to believe that
police officers don't interact with residents in that way. But being someone who has
had negative interaction with police officers -- or witnessed negative interaction with
police officers from the City of Miami, I understand that those things can happen;
and so, we're concerned. We're concerned that the interactions with the police
officers have to be good ones. And knowing the area, Ms. Stewart is someone who
documents how many trucks pass by a neighborhood. So I say that to mean that I
trust in her comments when she says things to me; that the accounts that she give are
true and factual, and I think that she's an asset to a police department or a city
where you're trying to improve relations with the community. And so, it would be
good if you all talked about that. And we do know that the COPS Grant, in some
ways, it does save the City money, but we must not forget that it doesn't supplant the
amount of officers. So you, as the Police Chief, plan how many officers you want to
put into a community, and then the COPS Grant encourages hiring additional
officers from there. So, in fact, the City is spending more money to get additional
dollars, which will be a cost savings, but I don't want the community to believe that
because of the Federal grant, we're able to hire the amount of officers that we need.
We can hire the officers that we need, but this is additional resources to hire more
officers that go above and beyond what it is that we have planned for, okay? So, you
know, Commissioner, thank you for bringing that up. But please -- I know that it's a
real concern that they're having in the Overtown community. Most recently, that
was just brought up to me, so if you could have that discussion with her, that'd be
great.
Chief Colina: I will. I'll have a discussion with her. And Mr. Chair, just so you
know, I'll be speaking with the officers that work in Overtown; in fact, I'll be
speaking to the off cern that work in all our neighborhoods. Personally I'll be
attending the roll calls and letting them know what the expectations are. You know,
when I gave at my swearing in speech that I want to be the safest city in the country,
those were not just words. I know that there's no way that we can achieve that
unless our residents support us. And the only way that they're going to support us is
that they believe that we're doing what we're supposed to do and we treat everyone
with dignity and respect, and that has to come from the very top. I assure you that'll
be my message to all our police officers. And the ones that don't believe in that,
they're not going to last as police officers; they'll be held accountable. I assure you
that the vast, vast majority of all the men and women in the City of Miami Police
Department are good cops, and I'm sure that you'll be able to see that going
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forward. As I lay out my plan going forth in the future, I think you'll be able to see
quickly some of those changes, and we'll have this discussion in the future.
Chair Hardemon: Now I appreciate that, because, I mean, the disparity -- when I
read a arrest affidavit and I hear the commands that a police officer gives, they're
always very professional, and they're very -- they're short. "Get out of the car. Have
a seat. Will you please" -- I mean, they're these sort of commands. But the disparity
in which those comments that are written down by a police officer in an arrest
affidavit, and then the narrative that someone in the community gives about what
actually happened is humongous. And, I mean -- and that difference, I think, is a
major concern for all of us who live within the City of Miami. And that's the
difference, I think, in that, you know, a lot of us who are residents, we live here. And
so, I mean, you could imagine what it would feel like to have someone come into
your yard and treat you like you are not worth the ground that you stand on.
Chief Colina: Unacceptable.
Chair Hardemon: And so -- and we just don't want to see that type of action moving
forward. Commissioner Gort, you had something? No?
Commissioner Gort: No, that's fine.
Commissioner Reyes: Mr. Chairman, can I add something to that, on what we were
talking before? And I want to ask the Chief, do we have any sports program with the
police and the community, where we -- I mean (UNINTELLIGIBLE) -- where we --
what I'm referring is I have read articles about Brooklyn, for example. And there
was a wave of crime and all of that, and the police department started a baseball
league with the -- I mean, with the youth of the area. And crime has been -- has
diminished a lot, and there is that sense of the police being part of the community,
you see. That's what I would like to see, you see; that the residents see the police
off cer as part of the solution of the problem; not as a person that is going to just
arrest you, you know, that they gain the confidence back. And if we don't have any
sports program, I will suggest that you look into it. Maybe we can start something.
And if we need some funds, I'm pretty sure that the City Manager will find
something.
Commissioner Gort: Mr. Chairman. Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Gort: There's a program -- excuse me, Chief. There's a program
called PAL (Police Athletic League) --
Commissioner Carollo: (UNINTELLIGIBLE).
Commissioner Gort: -- at this time, there's a program called PAL. At this time, I'm
working with it to put a program to teach kids how to swim, because that's one of the
biggest problems we have here; kids that don't know how to swim. And they're dying
constantly from school --
Chief Colina: Absolutely.
Commissioner Gort: -- or the public pools. So we can help a lot of them. I'm
putting funding from my --
Chief Colina: Sure.
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Commissioner Gort: -- to work with them and the YMCA (Young Men's Christian
Association) to provide those programs, teaching kids how to swim.
Commissioner Reyes: Okay, and -- but I'm going --
Commissioner Gort: So the problem (UNINTELLIGIBLE).
Commissioner Reyes: -- that's a good program, and I would love to see the police
more involved with the community in all the aspects, you see; that we can redirect
that energy that those young people have into something positive.
Chief Colina: Yes, sir.
Commissioner Carollo: Mr. Chair, could I make a motion for RE 47
Chair Hardemon: Can you make a motion on the entire RE agenda?
Commissioner Carollo: I will.
Chair Hardemon: It's been properly moved, seconded by the Chair to approve the
RE agenda. We will have further discussion on any other item that's on the RE
agenda if you'd like.
Todd B. Hannon (City Clerk): And Chair, just for the record, that'll be for RE.2
through RE. 7.
Chair Hardemon: Correct.
Vice Chair Russell: I'd like to pull RE. 6 on that, though, please.
Chair Hardemon: You want to pull RE 6, or you want to discuss it?
Vice Chair Russell: Yeah. I'd like to co-sponsor it with you and discuss, as well,
and give direction to Management.
Chair Hardemon: Okay, so --
Vice Chair Russell: So we can handle that one separately, maybe.
Chair Hardemon: -- then the motion will be RE2, 3, 4, S, and 7. Mover accepts --
Commissioner Carollo: Move.
Chair Hardemon: -- and the seconder agrees. Any further discussion? Hearing
none --
Vice Chair Russell: Well, you're opening for further discussion on some of the other
items in there; RE. S, RE. 7?
Chair Hardemon: If you'd like, yes.
Vice Chair Russell: Yes, please.
Chair Hardemon: You're recognized.
Vice Chair Russell: On RES, the Special Revenue Fund for Urban Area Security
Initiative Grant Program, are those funds already spoken for with what -- with
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City Commission Meeting Minutes February 8, 2018
regard to the type of equipment you're considering and programs you're considering
with those?
Joseph Zahralban: Joseph Zahralban, Fire Chief, Department of Fire Rescue. Yes,
Commissioner, those are -- they go through a process where they are voted on by the
Urban Area Work Group and then approved by the State's Domestic Security
Oversight Council and they are determined in advance, and they are projects that
become approved. And then it is our responsibility to see, as the Oversight Group
for this particular grant, to see that all of those projects come to fruition.
Vice Chair Russell: And I'm fully in favor of it, of course, but I was asking during
briefing of the City Manager, and I think now that I have you here, you can help me
understand further. We discussed very briefly during the hurricane, you and I, about
the potential to either retrofit existing vehicles we have, or to purchase vehicles that
would allow Fire Rescue to go out in winds higher than 45 miles an hour to rescue
our residents, if necessary, or transport them to the hospital. Is that the type of
things that this fund could be used for in the future? Is that a type of equipment you
might be interested in it, Chief, as exploring?
Chief Zahralban: Well, first, let me speak to the grant funding. The grant funding --
this particular grant funding, the Urban Area Security Initiative, is at this point in
time very limited funding for us. We are responsible for the entire urban area, which
constitutes four counties, essentially, and the amount of money that the City of Miami
gets is limited. We get about $900,000, give or take, and that is divided amongst
Emergency Management, Fire, and Police. And much of that money is allocated
towards sustaining existing projects. So it would be challenging for us to reallocate
Vice Chair Russell: Understood.
Chief Zahralban: -- existing funding in order to purchase apiece of equipment such
as that. In addition to that, we have seen a trend in the Federal Government towards
a -- as well as at the State level, and even more so at the State level -- a trend
towards more scrutiny over these types of vehicles, because essentially, what you're
speaking about is a reinforced or armored vehicle. Now the intended use in this
particular case is obviously different. As far as my position as the Fire Chief on it,
we do have a policy in place that allows us to stop responding between 45 and 50
miles per hour sustained winds. However, we recognize that at times, certain
situations surface that might be high risk, but the situation might warrant a response,
and if it is possible for us to respond, based upon the winds, and we can do so in as
reasonably safe a manner as possible, I am in support of that.
Vice Chair Russell: I have no doubt that the will and heart of your team is open to
going out and saving, and doing whatever it takes. I just want to make sure you have
the tools to be able to do so; and so, if you could please at least look into best
practices around the country for storm weather vehicles, because I know during our
-- this last hurricane, you had to utilize the Police swat vehicle --
Chief Zahralban: Yes, sir.
Vice Chair Russell: -- to save somebody, and I just want to make sure that, if it's
either retrofitting an existing vehicle we have so that you have the tools within the
vehicle necessary to help someone as you rescue them, as emergencies come. But
thank you very much for that information. Thank you. On RE. 7, Mr. Chairman --
Chair Hardemon: Yes.
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Vice Chair Russell: -- this is with regard to the non -disclosure agreement that I
believe our City Manager has signed with the Beacon Council with regard to the
Amazon headquarters. I just wanted to get legal clarification. I am, of course, in
favor of this, as well. I would like us to continue to bid on this appropriately. But I
just want to make sure, with regard to Florida Statute 119 and our requirements to
disclose to the public, I just want to know what our practice will be if somebody --
say, the press -- reaches out to us with a public records request with regard to any
documents that we receive from the Beacon Council. Will they be exempt or not
from 1197
Barnaby Min (Deputy City Attorney): If there are any documents in the City's
possession that do not fall under any of the exemptions under Chapter 119, then the
City is required to disclose those documents. This agreement with the Beacon
Council does not trump any of those provisions of Chapter 119.
Vice Chair Russell: Thank you very much.
Chair Hardemon: You have to find a different word for --
Mr. Min: My apologies.
Chair Hardemon: --"trump" nowadays.
Mr. Min: It's fake, fake.
Vice Chair Russell: Thank you.
Chair Hardemon: Any further discussion? Hearing --
Commissioner Carollo: Be careful. You got the chairman of the Republican Party
up there.
Chair Hardemon: Well, it's -- you have to choose a different word or different
adjective nowadays. It might have a different meaning, you never know. Things
change, right? We used to have a gay time, and that meant to have a happy time.
And then -- so things change. So seeing no further discussion, all in favor of the
motion, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes. That's 2, 3, 4, 5, and 7.
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RE.3
RESOLUTION
3421
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of Real
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Estate and Asset
ACCEPT A DONATION, EXECUTE THE APPLICATION TO
Management
ACQUIRE SURPLUS FEDERAL PROPERTY, AND EXECUTE A
QUITCLAIM DEED ("DEED"), ALL IN SUBSTANTIALLY THE
ATTACHED FORM, FOR A CONVEYANCE FROM THE UNITED
STATES OF AMERICA, ACTING BY AND THROUGH THE
SECRETARY OF THE UNITED STATES DEPARTMENT OF THE
INTERIOR BY AND THROUGH THE SOUTHEAST REGIONAL
DIRECTOR, NATIONAL PARK SERVICE ("GRANTOR"), TO THE
CITY OF MIAMI ("CITY"), OF CERTAIN VACANT LAND
CONSISTING OF APPROXIMATELY FIVE THOUSAND ONE
HUNDRED THIRTEEN (5,113) SQUARE FEET LOCATED AT 21
NORTHEAST 16TH STREET, MIAMI, FLORIDA, IDENTIFIED AS
FOLIO NO. 01-3136-093-0030 ("PROPERTY"), TO BE USED AND
MAINTAINED FOR PUBLIC PARK AND RECREATIONAL
PURPOSES AS SET FORTH IN THE DEED AND FOR THE CITY
TO DEVELOP AS A POCKET PARK WITHIN THE CITY'S URBAN
CORE, WITH FUNDS ALLOCATED FROM A SOURCE TO BE
DETERMINED, IN A TOTAL AMOUNT NOT TO EXCEED TWO
HUNDRED TWENTY THOUSAND DOLLARS ($220,000.00), TO
COVER THE COST OF SAID CONVEYANCE, INCLUSIVE OF THE
COST OF A SURVEY, ENVIRONMENTAL REPORT, AND
RELATED CONSTRUCTION COSTS; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, AS MAY BE DEEMED NECESSARY TO
EFFECTUATE THE CONVEYANCE.
ENACTMENT NUMBER: R-18-0047
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE.3, please see Item RE.2.
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REA
RESOLUTION
3455
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE
"2017
Police
PROJECT, ENTITLED COPS HIRING PROGRAM;"
APPROPRIATING FUNDS CONSISTING OF A GRANT AWARD
FROM THE UNITED STATES DEPARTMENT OF JUSTICE/OFFICE
OF COMMUNITY ORIENTED POLICING SERVICES IN THE
AMOUNT OF $1,875,000.00 WITH A REQUIRED LOCAL CASH
MATCH OF $2,449,141.00 FOR A TOTAL AMOUNT OF
$4,324,141.00; AUTHORIZING THE CITY MANAGER TO ACCEPT
SAID GRANT AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO
IMPLEMENT THE ADMINISTRATION OF SAID GRANT.
ENACTMENT NUMBER: R-18-0048
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record: For minutes referencing Item RE.4, please see Item RE.2.
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RE.5
RESOLUTION
3457
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of Fire-
ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE
"URBAN
Rescue
PROJECT ENTITLED AREA SECURITY INITIATIVE
('UASI') GRANT PROGRAM FISCAL YEAR 2017;"
APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN
THE AMOUNT OF $4,921,000.00, CONSISTING OF A GRANT
FROM THE UNITED STATES DEPARTMENT OF HOMELAND
SECURITY ("USDHS"), DIRECTLY TO THE STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT ("FDEM");
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT
AWARD AND TO EXECUTE THE FEDERALLY -FUNDED
SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, AND ANY AND ALL OTHER NECESSARY DOCUMENTS IN
ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT
AWARD; AUTHORIZING THE CITY MANAGER TO EXTEND SAID
UASI GRANT PROGRAM (FISCAL YEAR 2017) AS NECESSARY
AND TO EXECUTE ANY AND ALL OTHER RELATED
MODIFICATIONS, AMENDMENTS, AND EXTENSIONS ON ALL
MATTERS, EXCEPT THOSE DEALING WITH FUNDING
CHANGES; AUTHORIZING THE EXPENDITURE OF FUNDS TO
VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR
HOMELAND SECURITY EXPENSES PURSUANT TO THE UASI
GRANT GUIDELINES; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE MEMORANDA OF AGREEMENT(S), IN
SUBSTANTIALLY THE ATTACHED FORM(S), WITH ITS
CONTIGUOUS PARTNERS SETTING FORTH THE PARTIES'
RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT
AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE
CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, CONTINGENT
UPON FUNDING OF SAID PROJECT BEING SECURED.
ENACTMENT NUMBER: R-18-0049
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE.S, please see Item RE.2.
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RE.6
RESOLUTION
3567
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
Commissioners
THE CITY OF MIAMI'S ("CITY") PROFESSIONAL SERVICES
and Mayor
AGREEMENTS ("PSA") FOR JANITORIAL SERVICES WITH ABLE
BUSINESS SERVICES, INC. AND CARLOS ROSARIO CLEANING
SERVICE CORP ("CONTRACTORS") AWARDED PURSUANT TO
RESOLUTION NO. 16-0145, ADOPTED APRIL 14, 2016, TO
PROVIDE THAT EMPLOYEES OF THE CONTRACTORS BE PAID
THE LIVING WAGE AS ESTABLISHED BY THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO
THE PSA, IN A FORM ACCEPTABLE TO THE CITY MANAGER
AND THE CITY ATTORNEY, IMPLEMENTING RESOLUTION NO.
16-0145 AND PROVIDING FOR PAYMENT OF THE LIVING WAGE
TO EMPLOYEES OF THE CONTRACTORS; ALLOCATING FUNDS
IN THE NECESSARY AMOUNT FOR THE ADDITIONAL COSTS
FROM THE SOURCES OF FUNDS OF THE USER
DEPARTMENTS, SUBJECT TO AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT TIME OF NEED.
ENACTMENT NUMBER: R-18-0045
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Ken Russell, Vice Chair
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. Direction by Vice Chair Russell to the City Manager to
examine and potentially negotiate, if legally permissible, the contract between the
City of Miami and United Community Options of South Florida (UCO) to
determine if the contract can be amended to implement the payment of a living
wage to employees for janitorial services provided at City Hall.
For additional minutes referencing Item RE. 6, please see Item RE.2.
Chair Hardemon: FR. 3.
Vice Chair Russell: That was deferred till April.
Todd B. Hannon (City Clerk): Deferred to April 12.
Chair Hardemon: FR.3 was deferred? Okay. RE. 6,• a discussion.
Vice Chair Russell: Thank you. Mr. Chairman, I'd like to co-sponsor this item with
you. It's important to the City, where we have one of the largest gaps in the country
with regard to our cost of living and how high that is, and the wage that our residents
earn. And we've shown the will as a Commission over this last couple years to raise
that living wage where we can, where we legally can survive challenge, and with
anyone with whom we work. So our Living Wage Ordinance applies to those
contractors that do services for the City, but obviously, it doesn't apply to existing
contracts; and now that one has come up, we're able to address that. And I'm
thankful to you for bringing this. It's my understanding that bringing this group of
janitor employees up to a living wage of $15 an hour affects 93 employees in the City
of Miami. That will be transformative to their lives in my opinion. We have to work
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City Commission Meeting Minutes February 8, 2018
to bring down the cost of living, and I see a unanimous will here amongst this
Commission to help with affordable housing initiatives. We also need to empower
from the bottom up, and make sure that people can afford to live within our city. As a
sponsor of this, of course, I'm in favor of bringing these employees up to a 15 -dollar -
an -hour living wage. But in discussion, I realized that the janitorial staff within our
own City Hall, it doesn't apply to them, and that group is employed by UCO, United
Community Options. And anyone who uses the facilities or walks in this City Hall
will recognize that this is probably the cleanest public building that you have ever
been in, and I'm so proud of the staff. We've made a proclamation for them; yet, they
are still making between $8.25 and $9.48 an hour for some of them. So I'd like to
direct the City Manager to examine and potentially renegotiate their contract as we --
after we move forward with this to see what can be done there legally in working
together with that supplier, please.
Emilio T. Gonzalez (City Manager): Sir, I'll be happy to do that.
Vice Chair Russell: Thank you. I will move the item.
Commissioner Gort: Second.
Chair Hardemon: It's been properly moved and seconded. Any further discussion?
Commissioner Carollo: Discussion.
Chair Hardemon: You're recognized.
Commissioner Carollo: Any extra monies are coming from Commissioner Russell's
budget, right? Because I think as we move forward, before we spend monies, we got
to identify --
Mr. Gonzalez: Sir --
Commissioner Carollo: -- where we're going to pay for items before we approve
them.
Mr. Gonzalez: -- it's six employees. I think we can swing that one.
Chair Hardemon: The --
Commissioner Carollo: So it's coming from your office.
Chair Hardemon: -- only six. It's -- I think it's vitally important that we do what we
can to have a living wage in the City of Miami, and this is one of those contracts that
existed before the Living Wage Ordinance came into effect. And I'm glad to see that
we're here making this correction, because it gives people an opportunity to earn a
decent wage who actually do a job. No one should live in poverty if you're working
fulltime. You know, if you've made the ethical decision to get up every single day and
do something productive with your life, no matter what your education is, you should
be able to provide for your family as best as we can. And in government -- there are
times when government gets out of the way, but there are times when government
leads the way. And the government was right for leading the way when it created the
minimum wage, because if not, then people would pay the bottom dollar to what they
have to pay, and that's what you see when you see a lot of companies that produce
items outside of the United States, where there aren't any sort of restrictions, or the
restrictions are much less when it comes to the wage that they have to pay a person.
But certainly, your next door neighbor, whomever they are, shouldn't work a full-time
job and then can't afford to buy a gallon of milk. So I think this is vitally important
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City Commission Meeting Minutes February 8, 2018
where you have people who are doing jobs that are necessary; that, as the Vice
Chairman said, that are noticeable, but then aren't able to afford to have a decent
lunch or to arrive to their work location without spending 60 percent of their pay for
that day. So I'm proud that the City of Miami will continue to lead the way where we
can to encourage this. And I think that it is important, especially where you're
looking at a city where we're constantly being told that we have some of the highest
rates of poverty throughout the country. And I think that's very dfricult for us to
understand if you don't make a minimum wage, or you don't live amongst people who
make a minimum wage. And so, these are people who are working every single day,
but just can't afford what it is that they need to move forward in life. And so, we want
to be able to give those people in our communities who are working and who service
especially our facilities an opportunity to do well, to do just decently, because,
unfortunately, a lot of the minimum -wage jobs that are out there, they used to be for
teenagers. It used to be that, when you guys were growing up that the minimum -wage
job, the fast food places, the -- all these different things were meant for young people
to get some work experience and earn some money in their pocket, so $8 didn't
matter, $4 didn't matter, you know. It was on top of what your family was making.
But, unfortunately, what you're seeing today is that a lot of adults, those who are well
into their 20s, well into their 30s, well into their 40s, sometimes in their 50s that are
working minimum -wage jobs to keep the lights on. And so, we have to recognize that
we have an issue within our communities, and do something where we can to help
them. You're recognized, ma'am.
Annie Perez (Purchasing Director): Yes. Chairman, I agree wholeheartedly. And as
a matter of fact, we are implementing the living wage in every contract now since
January 1, 2017, any services contracts. And for this one in particular, for the
janitorial ones, we had put a Local Disabled Veterans Workforce Program
component in there. And, for example, Abel was having issues keeping those
veterans, because they were leaving to the County, because the County paid living
wage. So not only are you going to help the employees; you're also going to help the
disabled veterans, as well, so.
Commissioner Reyes: Mr. Chairman?
Chair Hardemon: You're recognized, sir.
Commissioner Reyes: We cannot forget that the City of Miami is amongst the poorest
city in the United States, so we have to do everything that is possible to try to bring
the level of poverty -- I mean, try to bring it down, okay? Now, I agree with you a
hundred percent, Mr. Chairman.
Chair Hardemon: Thank you very much. Any further discussion? Hearing none,
there is a motion, there is a second. All in favor of the item, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
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RE.7
RESOLUTION
3641
A RESOLUTION OF THE MIAMI CITY COMMISSION
City Manager's
AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS
Office
BY THE CITY MANAGER RELATED TO THE SEALED BIDDING
PROCESS FOR AMAZON.COM, INC.'S ("AMAZON") SECOND
HEADQUARTERS ("HQ2"), IN CONFORMANCE WITH ALL
APPLICABLE LAWS AND REGULATIONS, BOTH
RETROACTIVELY AND PROSPECTIVELY; FURTHER
AUTHORIZING THE CITY MANAGER TO AUTHORIZE ANY
OTHER CITY OF MIAMI ("CITY") EMPLOYEE OR OFFICIAL TO
EXECUTE ANY AND ALL DOCUMENTS, BOTH RETROACTIVELY
AND PROSPECTIVELY, IN ORDER TO ADVANCE THE CITY'S
COMPETITIVE BID TO BECOME THE SITE FOR AMAZON'S HQ2.
ENACTMENT NUMBER: R-18-0050
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record: For minutes referencing Item RE. 7, please see Item RE.2.
END OF RESOLUTIONS
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/14wivd a 11010►IEVEM114►III c94:9[07►1
ACA ATTORNEY-CLIENT SESSION
3627 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 FEBRUARY 8, 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 CASE OF YVETTE STYLES,
ET AL. VS. CITY OF MIAMI, ET AL., CASE NO. 17-22967 CA 09,
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 2:00 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 EMILIO T. GONZALEZ; CITY ATTORNEY VICTORIA
MENDEZ; DEPUTY CITY ATTORNEY JOHN A. GRECO; DIVISION
CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN;
AND SENIOR ASSISTANT CITY ATTORNEY HENRY J.
HUNNEFELD. 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
Vice Chair Russell: We'll see you upstairs.
Todd B. Hannon (City Clerk): There's a statement that needs to be read into the
record by the City Attorney, and then we can go upstairs.
Victoria Mendez (City Attorney): Mr. Chairman and members of the Commission,
pursuant to provisions of Section 286.011(8) Florida Statutes, at the January 25,
2018 City Commission meeting, I requested an attorney-client session, closed to the
public, be held for purposes of discussing the pending litigation in the matter of
Yvette Styles, et al. versus City of Miami, Case Number 17-22967 CA 09, pending in
the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to
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City Commission Meeting Minutes February 8, 2018
which the City is presently a party. The subject of the meeting will be confined to
settlement negotiations or strategy discussions. This private meeting will begin at
approximately 2 p.m. or as soon thereafter as the Commissioners' schedules permit,
and conclude approximately an hour later. The session will be attended by members
of the City Commission, which include Chairman Keon Hardemon, Vice Chairman
Ken Russell; Commissioners Wifredo "Willy" Gort, Joe Carollo, and Manolo Reyes;
City Manager Emilio Gonzalez; myself, the City Attorney, Victoria Mendez; Deputy
City Attorney John Greco; Division Chief for General Litigation Christopher Green,
and Senior Assistant City Attorney Henry Hunnefeld. A certified court reporter will
be present to ensure that this session is fully transcribed, and the transcript will be
made public upon 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. Thank you.
Later...
Chair Hardemon: Call the meeting back into order.
Ms. Mendez: Thank you, Chairman. Our attorney-client session has ended.
END OF ATTORNEY-CLIENT SESSION
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BCA
2828
Office of the City
Clerk
BC.2
2113
Office of the City
Clerk
*0n *97M N1111me1►UX419161Ji111190*?
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A
TERM AS DESIGNATED HEREIN.
APPOINTEE:
Ian Welsch
ENACTMENT NUMBER: R-18-0052
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
NOMINATED BY:
Commissioner Wifredo (Willy) Gort
Chair Hardemon: I believe now we are into our Boards and Committees.
Nicole N. Ewan (Assistant City Clerk): Good morning, Commissioners and Chair.
BC. 1, Arts and Entertainment Council: Commissioner Gort will be reappointing
Ian Welsch.
Chair Hardemon: Moved by Commissioner Gort; seconded Any discussion?
Hearing none, all in favor; say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR A TERM AS
DESIGNATED HEREIN.
APPOINTEE:
Ignacio Abella
ENACTMENT NUMBER: R-18-0053
NOMINATED BY:
Commissioner Wifredo (Willy) Gort
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MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
A motion was made by Commissioner Gort, seconded by Chair Hardemon, and
was passed unanimously, to appoint Ignacio Abella as a member of the Audit
Advisory Committee; further waiving the term limits of Section 2-885(b) by a
unanimous (5/5) vote of the members of the City Commission, as it relates to
Ignacio Abella as a member of the Audit Advisory Committee.
Nicole N. Ewan (Assistant City Clerk): BC.2, Audit Advisory Committee:
Commissioner Gort will be reappointing Ignacio Abella, who requires a 5/5 term
waiver.
Commissioner Gort: Move it.
Chair Hardemon: Been properly moved; seconded by the Chair. Any discussion?
Hearing none, all in favor of the motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
BC.3 RESOLUTION
3459 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR
Clerk TERMS AS DESIGNATED HEREIN.
APPOINTEES:
Marie Louissaint
Stephen Kneapler
ENACTMENT NUMBER: R-18-0054
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
NOMINATED BY:
Chair Keon Hardemon
Commissioner Manolo Reyes
Nicole N. Ewan (Assistant City Clerk): BC3, Bayfront Park Management Trust:
Commissioner Reyes will be appointing Stephen Kneapler.
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Chair Hardemon: And is -- am I up for a reappointment in that one, as well?
Ms. Ewan: Yes; you do have Marie Louissaint.
Chair Hardemon: Can you add her to that resolu --
Ms. Ewan: Absolutely.
Chair Hardemon: All right. So we have two individuals on the motion. It's been
properly moved by Commissioner Reyes.
Commissioner Gort: Second.
Chair Hardemon: All in -- any discussion? Hearing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BCA RESOLUTION
3462 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
Office of the City INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE
Cierk FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE:
Andres Asion
ENACTMENT NUMBER: R-18-0055
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
NOMINATED BY:
Mayor Francis Suarez
Nicole N. Ewan (Assistant City Clerk): BC.4, City of Miami Beautification
Committee: Mayor Suarez will be appointing Andres Asion.
Chair Hardemon: Is there a motion?
Vice Chair Russell: Move it.
Chair Hardemon: Been properly moved. All in favor of the item, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
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13C.5 RESOLUTION
1070 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE
Office of the City APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN
Clerk INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY
Deidria Davis
Russell Motley
Alvaro Puente
Courtney Omega
Stephen Navarrete
Rafael Cabrera
Eileen Damaso
Minca Brantley
ENACTMENT NUMBER: R-18-0056
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
Note for the Record. For additional minutes referencing Item BC.5, please see
"Public Comment Period for Regular Item(s) " and Item NA. 3.
Nicole N. Ewan (Assistant City Clerk): BC.5, Civilian Investigative Panel: The
executive director is here, and she would like to address the Commission regarding
this item.
Cristina Beamud: Good morning. My name is Cristina Beamud I'm the executive
director of the CIP (Civilian Investigative Panel). I'm asking that this Commission
approve the 10 nominations that were made concerning membership on the CIP. I
want to explain a little bit about the ordinance in the Charter that requires the
nominating committee of the CIP to present the nominations to this body. The
nominating committee met on four occasions, beginning in later October, ending in
December. Those meetings went for over four hours each. We considered 21
applications, five of which were reappointments. We have made the appropriate
nominations to this body. We believe that we have some excellent candidates, and
we're asking for your approval on all 10 of the members. I'd also like to introduce to
you Eileen Damaso, who's our new chair.
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Eileen Damaso: Thank you, Commissioners, and we appreciate your support on our
selection of the -- excuse me -- the selection of the nomination the committee did. We
hope that you can vote for all -- 'yes" --for all 10 of them. Thank you.
Vice Chair Russell: I'll move it.
Chair Hardemon: It's been properly moved. Ido have some discussion.
Commissioner Gort: Second.
Chair Hardemon: So there was a young lady -- and I'm speaking to the board, as
well as Ms. Beamud. There was a young lady who was a Public Defender --who is a
Public Defender, actually -- that I thought would be -- add a wonderful addition to
the Civilian Investigative Panel. I think she ended up doing some interviewing;
interviews with the panel or leadership of the panel, and was looked upon favorably,
as I understand. The issue came about was that she works, of course, at the Public
Defender's Office, which is District 1. And, of course, you're allowed to be on this
board if -- on the panel -- if you live or work or have some sort of business interest,
et cetera, et cetera, et cetera. And so, I ended up -- well, she ended up not being
recommended to us because of that. And the way that I look at it on this board is
that, you know, it does not say that the District 5 representative appoints the District
S representative [sic]. I mean, it says that there shall be representatives from each
district. And so, what I was trying to figure out here -- I personally believe that you
want people on the Civilian Investigative Panel that understand the process that
they're going through; that understand police officers; that understand taking
testimony; that understand weighing evidence; that understands how to explain a
matter of circumstance to a board. I think it's important. You need that, as well as
individuals who are likely to have experienced things because of sort of policing in
neighborhoods, et cetera. And so, what I'm trying to figure out here is a way that we
can have this person added to this board. Now, I had never seen before this item
was presented this way the complete list of individuals that would list all of these
different -- that listed the appointments for each district or the -- your
recommendations for each district. But is there -- is -- My first question would, I
guess, be to District 1. Are you married to the representatives -- not married. I
don't believe I said that (UNINTELLIGIBLE). We have two people from District].
You have Douglas Mayer and Russell Motley. Are any of those people that you'd be
willing to accept an appointment of the individual I described earlier; the young lady
who is a Public Defender? And then I'll give you an opportunity to appointment
someone -- because maybe one of those representatives actually meets the
qualifications that works in District 5; you understand? So tell me, what are the
qualifications for District I's appointments?
Ms. Beamud: Can I add this to the whole conversation? You may not be aware of
this. We -- I reached out to this candidate that you're referring to during this last
nominating process. During the preceding one that was about a year and a half ago,
she -- there were some issues raised as to whether her employment -- that is, for the
Public Defender -- would present a conflict in her employment. When we had this
group of nominating committee people be -- candidates being considered by the
nominating committee, I reached out to her. I had a conversation with her. I asked
her if she wanted her application considered again, and that she would be an
excellent candidate. I agree with you, she would definitely be an excellent
candidate. We had two conversations. The last conversation, she said that the
Public Defender was out of town, and she had spoken with her supervisor, and he
didn't want to make a decision whether this would be an appropriate work for her --
or volunteer opportunity for her --and that she would get back tome. I subsequent -
- She did not get back to me. I subsequently sent her an email, and she did not
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respond to that. I took that to -- We, of course, started our process then. I took that
to mean that the result from speaking with the Public Defender was that perhaps he
had some reservations about it. I could be wrong, because it was si -- it was met
with silence; however, that is the situation. So I am not quite sure that even if we did
what you're suggesting that we do -- that is, to do some sort of a switch or a swap --
that we would, indeed, get a candidate.
Chair Hardemon: Okay. So I guess I can reach out to her. We can pass this for --
Ms. Beamud: Of course, you can, and I can give you the --
Chair Hardemon: --let's just pass this for a moment, and I'll reach out to her. Can
you continue on?
Ms. Ewan: So we'll table the item. Thank you.
Later...
Chair Hardemon: I want to bring us back to the BC. S. So I made the phone call. I
spoke to the young lady who's the subject of the appointment. I reached out to the
Public Defender; I'm waiting for his phone call back. He was in a sort of training,
so he said he was going to reach back at -- reach right back out to me. And I know
today, I mean, we're moving rather quickly, but we still have this till this afternoon,
but I'll explain to you now what my thoughts are about how we go about doing this.
The reappointment of Douglas Mayer, who is a district representative for District 1,
he also works in my district for Meyga. I know that he's, I believe, a board member
for Meyga, and I see him regularly in the district. Meyga is an organization that has
a learning center in the City of Miami. They deal with children in the Liberty Square
area, so I'm very familiar with that individual, and I would be willing to appoint him
so that he could remain on the board. And in that way, Ms. Jefferson, who is the
other subject, could be appointed to the District I spot, because she works in District
1. And so then I will be sacrificing a position in -- under my district, if you will, if
you put it that way. And so I'll -- I'm going to wait on the phone call, though, for --
from the Public Defender, so if anything -- I mean, the latest this will be heard about
will be this afternoon. And if not -- yeah, the latest this will be heard about will be
this afternoon, and that will be the way we will go about trying to make it work.
Cristina Beamud: Does that comport with our ordinance --
Commissioner Carollo: It should --
Ms. Beamud: -- and our Charter?
Commissioner Carollo: -- if you want to get it approved.
John Quick: John Quick. I'm with Weiss Scrota Hellman. I'm the independent
counsel for the CIP. I've also spoken with the City Attorney's Office --
Chair Hardemon: Right.
Mr. Quick: -- to go through that. And I think the -- under the Charter and the Code,
the process would -- she would have to go through the nominating committee, and
then the nominating committee would have to bring her back. I don't see -- although
I can certainly confer with the City Attorney's Ojfice further, but when we spoke, we
just didn't see a mechanism by which the Commission, as it's written in the Charter,
could take somebody out and put them back in. What they could do, I guess, is leave
a spot open, ask the CIP to reconsider, and then the nominating committee could
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then, I guess, come back with the -- a new nominee or whatever it chose to do in light
of the request of the Commission.
Chair Hardemon: Okay.
Commissioner Carollo: Chair, what I would suggest, we defer this item until they
have the opportunity to bring it to the -- back to the nominating committee, and then
it could be brought back at the next agenda.
Mr. Quick: What -- in terms of -- I mean, it would --this wouldn't really have an
impact on Districts 2, 3, or 4. It would really only impact I and S, so I think -- I
mean, I would --
Commissioner Carollo: Well -- but I think we should do it all together. This I think
will encourage people to move forward quicker if we do it all together.
Mr. Quick: Yeah, I -- the issue -- I mean, I'll let the executive director talk, but I
think --
Ms. Beamud: We have term limits in terms of how long a person can sit on the CIP;
currently, it is six years and two months, and we will be running into vacancies if we
put this off anymore. So my preference is that we approve those where there is no
concern or any issue that needs to be discussed, and avoid having a situation where
we might not be able to make quorum. Our quorum is seven. It's a solid number.
It's not half of the appointed or sitting people. So it's rather urgent that we get this
done as soon as possible.
Chair Hardemon: So this is the way that I can see it being done to move forward.
The -- we could -- Commissioner Carollo, if you see it this (UNINTELLIGIBLE) --
we could approve --
Commissioner Gort: I can vote for one in District 1, affirm one to
(UNINTELLIGIBLE), which is Mayers, and I won't appoint the other one at this
time.
Chair Hardemon: Okay.
Commissioner Gort: So that'll leave --
Chair Hardemon: (UNINTELLIGIBLE) space.
Commissioner Gort: -- it in an opening then.
Chair Hardemon: Okay. So, basically, what it is, is that -- then -- now to -- I don't
want -- I want to be clear, though. That means that he would not be approving
Douglas Mayer, because Douglas Mayer could possibly be a District S appointee.
So then everyone will be approved, except for Douglas Mayer and Trenise Bryant.
Ms. Beamud: That's fair.
Chair Hardemon: Okay.
Vice Chair Russell: I'll move it.
Commissioner Carollo: Well, if you 're going to go that route --
Chair Hardemon: All right.
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Commissioner Gort: Move it.
Vice Chair Russell: Second.
Nicole Ewan (Assistant City Clerk): There's a motion and second on the floor.
Vice Chair Russell: Okay.
Commissioner Gort: Oh, it is?
Chair Hardemon: But the --
Commissioner Gort: There's an amendment.
Chair Hardemon: -- it's not -- this is an amendment to the motion, which is --
Commissioner Gort: It's an amendment to the motion.
Chair Hardemon: -- to approve everyone, except Douglas Mayer and Trenise
Bryant.
Vice Chair Russell: Mover accepts the amendment.
Chair Hardemon: All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
Vice Chair Russell: Gort has another one.
Commissioner Gort: Wait, wait. Wait a minute.
Chair Hardemon: Right.
Commissioner Gort: Appoint Doug Mayers [sic] --
Chair Hardemon: No. So right now Douglas --
Vice Chair Russell: Accept.
Chair Hardemon: -- is not on it. What I'm saying to you is that he -- when we get
the call back -- right? --from the Public Defender's Office --
Commissioner Gort: Right.
Chair Hardemon: --I will guarantee you that I will appoint him --
Commissioner Gort: Doug Mayers [sic].
Chair Hardemon: -- to -- Douglas Mayer as my appointee, because he works within
District 5 as well.
Commissioner Gort: That's what you were talking about. Okay.
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BC.6
2243
Office of the City
Clerk
Chair Hardemon: Well, I know. He -- I'll be very clear. He -- Douglas Mayer does
a lot of different things.
Commissioner Gort: No, I understand.
Chair Hardemon: Yeah, so -- and one of the things that he does is in District S.
Commissioner Gort: Got you.
Chair Hardemon: And so, what I'm saying to you is that the person who I chose not
to appoint was Trenise Bryant. She's a District 5 representative. The individual --
so I will give -- I would basically put Douglas Mayer in that position, and then the
new person, if it's being bought [sic] back by -- and approved by the Public
Defender, she works in District I at the Public Defender's Office, and so then you
would make that appointment, so everyone gets what they're looking for. That's
fair? All right.
Ms. Beamud: Thankyou.
Chair Hardemon: Thankyou.
Unidentified Speaker: Thankyou.
Unidentified Speaker: Thankyou.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
(Alternate Member)
RESULT: NO ACTION TAKEN
NOMINATED BY:
Chair Keon Hardemon
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commission -At -Large
Commission -At -Large
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BC.7 RESOLUTION
3464 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
Office of the City INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM
Clerk AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Jorge Vasquez
ENACTMENT NUMBER: R-18-0058
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Russell, Gort, Carollo, Reyes
ABSENT:
Hardemon
Commissioner Wifredo (Willy) Gort
Nicole N. Ewan (Assistant City Clerk): BC 7, Community Relations Board.-
Commissioner
oard:Commissioner Gort will be reappointing Jorge Vasquez.
Commissioner Gort: Move it. I'm sorry.
Cristina Beamud: Oh, we're not going -- I'm sorry. We're not going to do any of
them because of that one?
Ms. Ewan: We're tabling the item, and we'll revisit it today.
Ms. Beamud: Today?
Ms. Ewan: Yes.
Ms. Beamud: Okay. Thank you.
Ms. Ewan: And Vice Chair, I have the mover as Commissioner Gort.
Vice Chair Russell: On which item, please?
Ms. Ewan: This is Community Relations Board, BC. 7.
Commissioner Gort: I moved it.
Vice Chair Russell: It's been moved. Is there a second?
Commissioner Reyes: Yes, second.
Vice Chair Russell: It's been moved and second. All in favor say "aye. "
The Commission (Collectively): Aye.
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Vice Chair Russell: All opposed? Motion passes.
BC.8 RESOLUTION
3463 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
Office of the City INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN
Clerk FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE:
Cynthia Aracena
ENACTMENT NUMBER: R-18-0059
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Russell, Gort, Carollo, Reyes
ABSENT:
Hardemon
NOMINATED BY:
Commissioner Wifredo (Willy) Gort
Nicole N. Ewan (Assistant City Clerk): BC8, Commission on the Status of Women:
Commissioner Gort will be appointing Cynthia Aracena.
Commissioner Gort: Move it.
Commissioner Reyes: Second
Vice Chair Russell: It's been moved and seconded All in favor say "aye. "
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
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BC.9 RESOLUTION
2854 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS
Cierk AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
(Voting Member)
(Post -Secondary Education
Representative)
(School District Representative)
(Children's Trust Representative)
(Ex -Officio Non -Voting Member)
(Ex -Officio Non -Voting Youth
Member)
RESULT: NO ACTION TAKEN
Mayor Francis Suarez
Commissioner Joe Carollo
Commissioner Manolo Reyes
City Manager Emilio T. Gonzalez
City Manager Emilio T. Gonzalez
City Manager Emilio T.
Gonzalez
City Manager Emilio T.
Gonzalez
City Manager Emilio T.
Gonzalez
City Manager Emilio T.
Gonzalez
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13C.10 RESOLUTION
2855 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD
Cierk FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY -
BCA 1
Y:
BC.11
3465
Office of the City
Cierk
Chair Keon Hardemon
Chair Keon Hardemon
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
IAFF
FOP
AFSCME 871
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Mayor Francis Suarez
Vice Chair Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
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I RESULT: NO ACTION TAKEN
BC.12
1599
Office of the City
Cierk
BC.13
3466
Office of the City
Cierk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Vice Chair Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Joe Carollo
Commissioner Manolo Reyes
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BCA4
3471
Office of the City
Clerk
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY
FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE:
Jay Solowsky
ENACTMENT NUMBER: R-18-0060
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Joe Carollo, Commissioner
AYES:
Russell, Gort, Carollo, Reyes
ABSENT:
Hardemon
NOMINATED BY:
Commissioner Joe Carollo
Nicole N. Ewan (Assistant City Clerk): BC.14, Miami Sports & Exhibition
Authority: Commissioner Carollo will be appointing Jay Solowsky.
Vice Chair Russell: Is it --?
Commissioner Reyes: Move it.
Vice Chair Russell: It's been moved.
Commissioner Carollo: Second Thankyou.
Vice Chair Russell: And seconded. All in favor, say "aye. "
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
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BC.15 RESOLUTION
3472 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD
Cierk FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
BC.16
3638
Office of the City
Cierk
Mayor Francis Suarez
Mayor Francis Suarez
Vice Chair Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
City Manager Emilio T. Gonzalez
City Manager Emilio T. Gonzalez
City Manager Emilio T. Gonzalez
City Manager Emilio T. Gonzalez
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE PERFORMING ARTS CENTER TRUST FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
Alexander I. Tachmes
Carole Ann Taylor
ENACTMENT NUMBER: R-18-0061
NOMINATED BY -
Commission -At -Large
Commission -At -Large
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MOTION TO
RESULT:
MOVER:
SECONDER
AYES:
ABSENT:
Adopt
ADOPTED
Wifredo (Willy) Gort, Commissioner
Joe Carollo, Commissioner
Russell, Gort, Carollo, Reyes
Hardemon
Nicole N. Ewan (Assistant City Clerk): BC.16, Performing Arts Center Trust:
Commissioner Carollo will be appointing Alexander Tachmes to replace Hank Klein,
and there is also another member whose term has expired; Carol Ann Taylor.
Commissioner Reyes: Move it.
Commissioner Gort: Move it.
Commissioner Carollo: I'm sorry. You said there's another member?
Ms. Ewan: Yes, Carol Ann Taylor, whose term has also expired.
Commissioner Carollo: Are you asking me if -- Is that my appointment, also?
Ms. Ewan: I'm just informing the Commission that there is another member whose
term has expired, if you would like to move on that item.
Vice Chair Russell: That one can be reappointed, though. They have an extra --
another term pending.
Ms. Ewan: That is correct.
Vice Chair Russell: Yeah.
Commissioner Carollo: I would approve Carol Ann Taylor, also.
Vice Chair Russell: There's been a motion?
Commissioner Gort: Motion.
Commissioner Carollo: Motion.
Vice Chair Russell: And second. All in favor, say "aye. "
The Commission (Collectively): Aye.
Commissioner Gort: What was the motion?
Vice Chair Russell:
This is for Performing Arts Center.
Commissioner Gort:
Right.
Vice Chair Russell:
Extending Carol Ann Taylor's term.
Commissioner Gort:
Right. I made the motion, yes. Okay.
Vice Chair Russell:
Yeah.
Commissioner Carollo: And --
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BC.17
3473
Office of the City
Cierk
BC.18
3629
Office of the City
Cierk
Ms. Ewan: And the appointment of Alexander Tachmes.
Commissioner Gort: That was an amendment, yeah. Okay.
Vice Chair Russell: Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE SEA LEVEL RISE COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Joe Carollo
Commissioner Manolo Reyes
City Manager Emilio T. Gonzalez
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE SENIOR CITIZENS' ADVISORY BOARD FOR A
TERM AS DESIGNATED HEREIN.
APPOINTEE:
Samuel Latimore
ENACTMENT NUMBER: R-18-0062
NOMINATED BY:
Chair Keon Hardemon
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BCA9
3475
Office of the City
Clerk
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Russell, Gort, Carollo, Reyes
ABSENT:
Hardemon
Nicole Ewan (Assistant City Clerk): BC 18, Senior Citizens Advisory Board: Chair
Hardemon would like to appoint Samuel Latimore.
Commissioner Reyes: Move it.
Vice Chair Russell: There's a motion. Is there a second?
Commissioner Gort: Move it.
Vice Chair Russell: It's been moved and seconded. All in favor, say "aye. "
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AND CONFIRMING
CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF
FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
Gerard Fernandez
Guillermo Senmartin
ENACTMENT NUMBER: R-18-0063
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Russell, Gort, Carollo, Reyes
ABSENT:
Hardemon
NOMINATED BY:
Kiwanis of Little Havana Foundation
Kiwanis of Little Havana Foundation
Nicole Ewan (Assistant City Clerk): BC.19, Stars of Calle Ocho Walk of Fame
Committee: Kiwanis of Little Havana Foundation is requesting confirmation of
Gerard Fernandez and Guillermo Senmartin.
Commissioner Gort: Move it.
Vice Chair Russell: It's been moved --
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City Commission Meeting Minutes February 8, 2018
Commissioner Reyes: Second
Vice Chair Russell: -- and seconded. All in favor; say "aye. "
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
BC.20 RESOLUTION
3476 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD
Clerk (UDRB) FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Keon Hardemon
Chair Keon Hardemon
Vice Chair Ken Russell
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
RESULT: NO ACTION TAKEN
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City Commission Meeting Minutes February 8, 2018
BC.21 RESOLUTION
3477 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN
Office of the City INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM
Clerk AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Steven Leidner Sierra Club
ENACTMENT NUMBER: R-18-0064
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Russell, Gort, Carollo, Reyes
ABSENT:
Hardemon
Nicole Ewan (Assistant City Clerk): BC.21, Virginia Key Advisory Board: Sierra
Club is requesting confirmation of Steven Leidner.
Commissioner Reyes: Move it.
Vice Chair Russell: It's been moved --
Commissioner Gort: Second.
Vice Chair Russell: -- and seconded. All in favor; say "aye. "
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
Ms. Ewan: Thank you, Chair.
Vice Chair Russell: Thank you very much.
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City Commission Meeting Minutes February 8, 2018
BC.22 RESOLUTION
1603 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR
Cierk TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Mayor Francis Suarez
Chair Keon Hardemon
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
Commissioner Joe Carollo
Commissioner Manolo Reyes
RESULT: NO ACTION TAKEN
City ofMiarni Page 77 Printed on 03/20/2018
City Commission Meeting Minutes February 8, 2018
BC.23 RESOLUTION
2859 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR
Cierk TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Chair Keon Hardemon
Chair Keon Hardemon
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
RESULT: NO ACTION TAKEN
A►Ioxela *07A N916-w_1►19Zde]►viILviIIII aIA�*]
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91a911;�d11*9101kiIIII IA►yi1.1
D1.1 DISCUSSION ITEM
3545 DISCUSSION REGARDING THE STATUS OF THE COMMODORE
Office of Capital RALPH MIDDLETON MUNROE MIAMI MARINE STADIUM.
Improvements &
Department of Real
Estate and Asset
Management
` RESULT: DISCUSSED
Vice Chair Russell: And is the Chairman --? I believe all we have left for this
morning, Mr. Clerk, is discussion items?
Nicole Ewan (Assistant City Clerk): That is correct.
Vice Chair Russell: Yeah. Are we ready for DI.1 ?
Emilio T. Gonzalez (City Manager): If I could?
Vice Chair Russell: Yes, Mr. Manager.
Mr. Gonzalez: Mr. Chairman, the Mayor has asked that his item be moved back to
after lunch, if it's possible. He's not in the building now to address the Commission.
Vice Chair Russell: Is that DI. 3?
Mr. Gonzalez: Yes, sir.
Vice Chair Russell: Yes, we can do that. We can table that one till the afternoon.
DI.1 is the status update on the Commodore Ralph Middleton Munroe Marine --
Miami Marine Stadium. Mr. Parjus.
Alberto Parjus: Good morning, Commissioners. Alberto Parjus, Assistant City
Manager. The renovation and reconstruction of the Marine Stadium is very well on
its way. We -- as everybody knows here, we hired a consultant and an architect firm
to do the design and first, the evaluation of the stadium to find out the feasibility to
be reconstructed and what would be necessary to do it. That study was completed in
July 2017. We have moved forward to negotiate Phase II, which is the completion of
the design drawings for the renovation and construction. As a matter of fact, that
first amendment to the contract is being circulated right now. And the target date to
complete this task is around October/November of 2018. Simultaneously, and at the
same time, we're going out with an RFP (Request for Proposals) to seek an operator
of the facility, and the reason why we want to do is pretty obvious. We wanted to
make sure that, at one point, we incorporate the comments of that operator into the
design necessary for the renovation of the stadium. We are also looking at a
design/build project for the adjacent building to the stadium, which is a maritime
and welcoming center, and that process will also be completed approximately at the
same time that we're doing the study for the stadium. We have a budget. We expect
to be on budget, taking into consideration that we have substantial contingencies to
go through the process of design. However, if we look at them -- at the amount of
money at this time without looking at the contingencies, we have a deficit of
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approximately $9 million between the two buildings. But I want to emphasize, this is
too early in the phase of design, so it's basically a long shot to make a projection on
the revenues; although, our intent is to (UNINTELLIGIBLE) within the funds that we
have available right now.
Vice Chair Russell: Thank you. And best -case scenario, when are we watching our
first concert from --?
Mr. Parjus: 2021. November 2021.
Vice Chair Russell: 2021. And the entirety of the design build, everything is coming
from the special revenue bond?
Mr. Parjus: We have several sources of funding. In your package, you're going to
see we have, but basically, the bulk of the money is a special revenue bond, the $45
million. There's also money from bonds from the County, and there is also money
from the Federal grant and the State grant, and general fund in the amount of $1.4
million that was raised.
Commissioner Carollo: How much money are we getting from the County and from
the Federal Government?
Mr. Parjus: The County has committed $3 million.
Commissioner Carollo: Three million. And the Feds?
Mr. Parjus: The Feds committed -- it's a grant -- small grant that they did, $80,000.
Commissioner Carollo: How much?
Mr. Parjus: 80,000. Now, if I may, Commissioner, with the special designations
that we have now in the stadium and the designation that we're seeking as a
historical landmark, Federal landmark, we are very confident that we will generate
some other revenues as a result of those designations.
Commissioner Carollo: Well, I'm glad you're confident, but you might not be
around if it doesn't work out. A lot of us might not be around, so this is my concern;
that we're rushing at something. And to my knowledge, I've never seen any business
plans, projections, a five year plan, a ten-year plan of what we anticipate that this is
going to bring revenues or deficits. Even when this stadium was brand new and we
had the boat power races, it always lost money. So my question is, why are we
rushing so quickly into something that, first of all, we have no idea what kind of
deficit we're going to truly have on building it with all the components that I'm
hearing? Secondly, I don't think we have any idea what our annual deficits are
going to be. We gave up the Tower Theater, we gave up the Olympia Theater,
because Commissions that were here said that we couldn't afford it. We had deficits
there. And now my concern is, we're going to create another white elephant that
we're going to spend a lot of good money on that, frankly, could be going to housing
that we need more, since 99 percent or more of City residents will never set foot in
that stadium to enjoy anything. I'm sure a lot of nice folks from other areas are
going to come and enjoy some of it, but not enough of them to pay for the deficit
we're going to have. So what I'd like to get, Mr. Manager, is a different outlook
from a new City Manager, a new Administration, as to what are the projections that
we have here; first of all, true projections on building this, because I'm not so sure if
the deficit on the construction is only going to be $9 million? I think there's a lot of
wishful hoping. Secondly [sic] of all, what true projections do we have of the
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amount of revenues this could generate so we could determine how big of a deficit
this is going to leave us?
Vice Chair Russell: Mr. Parjus.
Mr. Parjus: Commissioner, when we started on the process of doing the renovation
of the stadium, we started looking at such issues as you just mentioned. And when
we started working on what we wanted to have there, what will be the repurposing of
this stadium, what activities we were planning to do there, other than what was done
there -- the race boats and the airplane races and all of this -- and we launch an RFI
(Request for Information). We put out an RFI out thereto see how many operators
of major events, nationwide and worldwide, will be interested in being the operators
here. Now, take into account that when you put out an RFI, sometimes these big
operators don't like to put their cards on the table. They don't want to put the ideas
out there so somebody else come -- But even then, we receive information from three
very large operators for venues of this type. And once in a while, through the last
year, we had operators of major stadiums come out to us and say, "Hey, we want to
be the operators of the stadium. We see a potential here. " The concern is extremely
valid. How are we going to do the revenues and expenses to make sure that this is a
viable venue, a stadium that is not going to cost the taxpayers additional funds? We
understand that and we want to do that, and we wanted to go out with an RFP for
operators. The steps that we're taking now in terms of cash flow and expenditures
are the ones that we have to do strictly to find out what is it that we need to do to fix
the stadium. We're not engaging into a construction RFP right now; we're just
doing the design for that RFP. It takes about a year to do it; probably a little bit
more.
Commissioner Carollo: Take all the time you want; I got no problem with it, and I
think you know what I'm saying.
Mr. Parjus: Yes.
Commissioner Carollo: How much is that going to cost us, this initial phase?
Mr. Parjus: The part of the design, I believe, is $4 million. $4 million.
Commissioner Carollo: Well, I guess it's better than spending 60 plus million.
Mr. Parjus: Yes, sir.
Vice Chair Russell: Commissioner Reyes.
Commissioner Reyes: Yes. Let me ask just a simple question: Do we have in paper
any cost estimates; I mean, an updated cost estimate of rebuilding or the --
Mr. Parjus: Yes.
Commissioner Reyes: --refurbishing? We have it on paper?
Mr. Parjus: We have a cost estimate right now; it's in your package. For the
stadium, for example, it's estimated to be -- the construction cost is estimated to be
$37 million.
Commissioner Reyes: Do we also have estimates of where are we going to get this
money from? For example, there was group -- that they were Friends of the -- that --
which I think they don't exist anymore -- of the Stadium, and we had -- I mean, how
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much are we getting from each source of revenue of funds, like the Feds and all of
that? And how -- if there is any shortage, how are we going to finance that?
Mr. Parjus: If --for the Marine Stadium, what we had committed in the bond, of the
$45 million, is $38 million. That's the bond that has not been issued. We have not
tapped into that money.
Vice Chair Russell: Special revenue, not general.
Mr. Parjus: This is special revenue.
Commissioner Gort: Special revenue.
Mr. Parjus: We have $3 million of the general -- GOB (General Obligation Bond)
fund from the County committed to that. We have $1.4 million of general funds that
was already expended, part of it, into the original Phase I of the evaluation of the
stadium. The overall stadium cost, including construction cost, is estimated right
now at $48 million, but that $48 million includes a contingency of $4 million.
Commissioner Reyes: More or less.
Mr. Parjus: So -- but I cannot stand here and tell you that we're not going to tap
into that contingency, because there is a lot of unknown. So I want to put all --
everything on the table. But if we stay within that number, if we value -engineered
the project, we will be within the budget that we have for the stadium.
Commissioner Reyes: And sources of funds?
Vice Chair Russell: I'm sorry?
Commissioner Reyes: And -- I mean, sources of revenues, do you have -- have you
just -- in order to have a number, you have -- you projected how much will it be
generating in revenues.
Mr. Parjus: Right, because the --
Commissioner Reyes: Do you have an opinion?
Mr. Parjus: -- to pay the bond. I don't have operating and expenses -- revenues and
expenses.
Commissioner Carollo: Well --
Commissioner Reyes: No, revenues is one thing and operating expenses is another
thing that I was going to ask, you see, because we have to know how much it's going
to cost to operate it and how much are we going to bring in.
Commissioner Carollo: Well, right off the bat, Commissioners, so you could
understand what's going on here and how flawed this thinking was from the
beginning; how the City was looking to pay for those bonds that are going to be
issued is by taking the money from the general fund that we are now generating --
Commissioner Reyes: Yep.
Commissioner Carollo: --from the Marina at Virginia Key next door to it. The only
difference was that since this was going to cost more money than what that marina
presently is providing, they inflated their numbers. And the bid that's out there and
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that whole brouhaha in that marina and who gets it so that they'd ask for an amount
that was fairly equal to what they estimate that it's going to cost us to pay out those
bonds. But what they haven't told us is how that money that's being taken to pay
Paul is going to be paid back to Peter, because this is money that's in the general
fund that's being taken out. So how are we going to --
Commissioner Reyes: Refurbish.
Commissioner Carollo: -- replace that money into the general fund? And that's
only the original money. We're not even talking about deficits.
Vice Chair Russell: Mr. Chairman?
Chair Hardemon: Yes.
Vice Chair Russell: I would have to disagree with Commissioner Carollo in that I
think the last thing we are doing is rushing on Marine Stadium. I think the years and
years it has sat, it could become susceptible to demolition by neglect if we don't
move to save this historic structure.
Commissioner Reyes: Maybe it should.
Commissioner Carollo: Maybe it should.
Vice Chair Russell: That is an opinion, but the will --
Commissioner Carollo: Absolutely.
Vice Chair Russell: -- of this Commission in the past two years has to -- been to
move forward and find the sources; the delta of revenue created by not only the
Marina expansion, but also the events at the Flex Park. It is my understanding that
once those revenues are in place that it should cover the special revenue bond. And
beyond that, we should be responsible to preserve our historic structures, and this is
certainly one of them. I would like to know, Mr. Parjus, if the Flex Park event space
is considered in the RFP, as well, to be managed all under one umbrella, or ifyou're
going to separate out an RFP for just the stadium for concerts and events? And then
all of the Flex Park, which is also a revenue source for the City, will we be managing
that separately under Real Estate Asset Management?
Mr. Parjus: The -- one of the -- the concepts and the one that has been more floated
around is that we be the managers, and we will have operators for the Marine
Stadium and probably an operator for Flex Park, or the same for the two of them.
Vice Chair Russell: I mean, you certainly can't have two concerts going on at once -
Mr. Parjus: Correct.
Vice Chair Russell: -- and both have been used for concerts in the past, so I don't
want to limit one operator by, you know, having them fight over dates and such.
Shouldn't we orchestrate the whole thing so that it's also creating one general
revenue to help, you know, fund the bond, and then it's also -- we can maximize
everything, be most efficient?
Mr. Parjus: That's the way that it's been envisioned to be, a manager with
operators and a coordinated effort to --just do transition of the full area, including
the Marina.
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Vice Chair Russell: Thank you very much for the update.
Mr. Parjus: You're welcome.
Commissioner Carollo: Why -- before you go -- has this never been brought out to
the public, for the residents of Miami to be able to express their feelings on this?
Throughout the history of this whole stadium then, all that I've seen are opinions
from the beautiful people that 95 percent or more of them live outside the City of
Miami, if not 99 percent; and these are, you know, wonderful people; many are
wonderful pillars to the community. Maybe that's why we have such a shaky
foundation at times. But this is our money in the City of Miami that they want to
spend. They have no idea on the financing side of it. And I think that our residents
have deserved a voice in this, a vote in this that has never been given to them to have
that opportunity. Only a handful of Commissioners sitting up here have made
decisions on this, and this is a major step forward, and particularly for a city that
right now is facing some very dire, dire debts, beginning with our own employees
and others that we have; a city that the best estimates from our own budgeting
people are telling us that in the next two years, if we don't bring new recurring
revenue, we're going to be in a problem, because we're going to be spending more
than we're bringing in. So how in the world could we be throwing money like if
we're the Federal Government; that we have a printing machine that we could just
print, print, print? So what I'm saying is, if we really want to go forward with this,
let's put it out to a vote; let the residents of Miami decide if they want to spend
money in this or in something that the vast majority of Miamians are truly going to
go and enjoy; not something that I don't believe many residents of the City of Miami
are even going to set foot there. Those that want to see this brought back to the `70s,
the `80s, the `60s, they should find the funds for it. We shouldn't be stuck, the
residents of Miami, in paying another bill, and particularly when we have so many
bills now that we have to face.
Chair Hardemon: Is there any more discussion? Hearing none, thank you very
much. Yes.
Daniel Rotenberg (Director): Good afternoon, Commissioner -- Good morning,
Commissioners. Daniel Rotenberg, Department of Real Estate & Asset
Management. You were talking about the financial viability of that stadium. It's not
going to be brought back to the `60s, `70s, or `80s; we're looking at bringing it up
till today. And we have gone through different projections, pro formas, we've spoken
to event organizers. This is going to be a City asset; that we're going to have one
operator. And we've done five-, seven-, and ten-year projections, and we've heard
different numbers. I can't commit to a number, but it's going to -- according to what
we've been told, it's going to be profitable, not negative.
Commissioner Carollo: Yeah. And who's told you that? Where are the numbers
that we could see?
Mr. Rotenberg: We've had them. I'm sorry we haven't been in your office.
Commissioner Carollo: Who is going to guarantee us an `X" amount of dollars that
they're going to pay us to be the operator? Do you have someone like that?
Mr. Rotenberg: Absolutely not.
Commissioner Carollo: You don't. Of course not.
Mr. Rotenberg: Not on anything that we do.
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Commissioner Carollo: Of course not. And you're not going to get that, because at
the end, they all want a free lunch, and they see the City of Miami as a big pinata
that they could come here -- Sure, they all want to get that contract, but they want to
make sure they're not going to be paying the deficit. They want to make sure we pay
it.
Mr. Rotenberg: Of course.
Chair Hardemon: Thank you very much, sir.
D1.2 DISCUSSION ITEM
3619 DISCUSSION ON THE POSSIBLE EXPANSION OF PAYPHONES
Department of WITH ADVERTISEMENT CITYWIDE THROUGH A REQUEST FOR
Public Works PROPOSAL PROCUREMENT PROCESS.
RESULT: DISCUSSED
Chair Hardemon: All right. The last item that we have on our agenda is the DI.2 --
oh, besides, of course, our shade meeting -- I believe that's what it's called -- that we
can thank our City Attorney for. So D1.2.
Commissioner Reyes: Yes. Well, looking -- as always, trying to look for revenues
for the City of Miami, and I found that we had this program with -- that paid
telephone advertisement for the past -- it was a program that started as a pilot
program 17 years ago; have been 17 years ago, okay? It's a pilot program. And I
thought that I could bring this to your attention so we can -- I suggest that we
increase the use of that type of paid telephone, but more than that, I was looking into
some sort of -- what is called a "kiosk" that you can have -- I mean, you can obtain
Wi-Fi, you can obtain -- you can charge your telephones. You can obtain
information, directions, and all sorts of, I would say, assistance to anybody that uses
them. I thought about it, and I said, "Well, this might be good to have one of these
kiosks. " For example, comes to my mind, you see, we have a lot of places in
downtown Miami that maybe we can use it, that could be useful, and in some parks
also, because I know that -- For example, if I -- we place one in Shenandoah Park,
you see. It's a park that is very well used, and at the same time, we are providing
Wi-Fi to everybody that goes to the park, you see. And I wanted to bring a little bit
more technology into -- I mean, for the people. And what I thought about was, so,
well, let's open it up and let the City Attorney prepare an ordinance or whatever,
and that with certain regulations on who can apply, what are the expertise that they
have to bring, and the final decision will make by the Commission, and that's it. I
just want to expand the citywide -- the ability to --
Commissioner Carollo: Are you looking -- Commissioner, I didn't understand -- to
create a request for proposals?
Commissioner Reyes: Yes, sir.
Commissioner Carollo: Okay, that's fine.
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Commissioner Reyes: That's right. That will be drafted by the Administration and
the City Attorney.
Commissioner Carollo: Let me -- who's the representative of the firm? You are,
ma'am?
Estrellita Sibila: Good afternoon. Estrellita Sibila, on behalf of First American
Telecommunications Corporation. We're the company that currently services the
payphones within the City ofMiami. We've been here since 1986 We're also --
Commissioner Carollo: Where have you been since 1986? Not in the City.
Ms. Sibila: The City of Miami and providing public telephones.
Commissioner Carollo: Yeah, but --
Commissioner Reyes: Its a pilot program.
Ms. Sibila: We currently have --
Commissioner Carollo: --the pilot program, wasn't it started in 2001 ?
Ms. Sibila: That's correct. We've been operating in the City under the ordinance
before the pilot program existed, with the approval of the City, with the addition of
the advertising portions with the kiosk design.
Commissioner Carollo: But it was a one year pilot program, right?
Ms. Sibila: The pilot program was initiated when the -- the request of one of the
Commissioners, after they saw the upgraded units, and they requested that a revenue
portion be provided to the City of Miami.
Commissioner Carollo: Right. But in 2001, it was signed for one year only,
correct?
Ms. Sibila: The program that was passed under the resolution was essentially a
request by the City to have us pay money to the City for revenues that were
generated from the advertising portion. We've continued --
Commissioner Carollo: But it was --
Ms. Sibila: -- to provide the City --
Commissioner Carollo: -- a one-year.
Commissioner Reyes: Yep.
Commissioner Carollo: Boy, you're good. You should be working for staff. You go
around the question; you won't answer it. It was a one-year contract, right?
Ms. Sibila: Its a resolution, so I don't believe it was a contract.
Commissioner Carollo: Well --
Ms. Sibila: It states that it's for one year for the City to collect revenues from us.
Commissioner Carollo: That's what it was.
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Ms. Sibila: We have been -- we have --
Commissioner Carollo: That's the point -- Thank you; finally got it out of you.
That's the point I'm trying to make, that -- and this has got nothing to do with you, in
particularly, but too many times in this City what begins as a one-year pilot program
or one year only ends up being 17 years now and going. We've lost a lot of money in
17 years. And the reason that I remember that is because I'm the guy that was
Mayor at the time that had it signed off and what the Commission approved. So we
need to start looking at all that we have.
Chair Hardemon: Your signature isn't on this document, though.
Commissioner Carollo: Excuse me?
Chair Hardemon: Your signature isn't on this document. It said "Joe Carollo. "
Commissioner Carollo: Yeah. Well -- that's probably why I didn't sign it; I knew
what was going to happen. It still became law, whether I signed it or not, five days
later, I think.
Chair Hardemon: That is true.
Commissioner Carollo: But we really need to look at all these one-year, whether it's
in our own districts for whatever it is or citywide, because we're losing a lot of
money. And I compliment Commissioner Reyes, because I think that's the way we
need to go, putting a request for proposal, and who knows what new technology is
there that's going to, by far, improve this -- I'm sure there is in 17 years -- but more
so, we should be able to get a heck of a lot more money than 10, 000 a year.
Commissioner Reyes: That's right. And -- through the Chair.
Chair Hardemon: Well, I have a quick question. Did you come prepared to have
some sort of report that says how successful it's been since it was pilot program that
-- you know, it's been ongoing? Like is there some sort of -- is there something --?
Or maybe you want to create that so that we can see how the program's been going
and why we should keep it, why there should be the RFP for it, because maybe I'm
not for advertising on telephone pole -- well, telephone stations. I'm sure there's
new technology --
Commissioner Reyes: Yes.
Chair Hardemon: -- that is more appropriate today as what was described earlier;
hot spots for Wi-Fi, et cetera. I -- even sitting up here, I thought about a digital
screen that has a picture of Commissioner Carollo on his district and it says, "How
may I serve you?" and someone goes to it and touches it and they learn some things,
you know.
Commissioner Carollo: Be careful where they touch.
Chair Hardemon: I know, I know. So I'm sure that there are some things that are
out there that we would want to hear from, and so I'm sure you are aware also that
when you came here some people would feel that a one-year pilot program is a one-
year pilot program, and we've extended it now for a very long time. So there's much
to discuss. So, you know, the City of Miami -- looks like you came prepared to show
some sort of presentation. I'll let you get to that, but it's just something that you
should think about.
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Ms. Sibila: Yes. We've been in conversations with the City once we heard that this
discussion item was going to be presented, and we had some conversations with the
City Attorney's Office regarding what the right process would be. As a public pay
phone and a utility, there's State law that governs regarding the Public Service
Commission, and they're the licensing agentfor every single telephone company that
could provide service within the State. So the Public Service Commission retains a
certain amount of jurisdiction over the permitting for public telephones, and the City
has the authority to then regulate the placement and the oppor -- and the
maintenance of the phones. Within the jurisdiction of the State and under State law,
it's clear that the advertising is a part of the paid telephone system. The
Commission has recognized in the past that without the advertising portion, there
will likely be no public access to telephone servicing, and that it's an integral part in
order to help subsidize the telephone systems. We have presented to the City, back in
late October, I believe early November, a new design for a public communications
systems unit, a new upgraded telephone that does implement a lot of the different
aspects that Commissioner Reyes just mentioned -- the Wi-Fi, the security aspects to
it. It has several different components that are touch -responsive. It has a digital
way -finding. It has much more interactivity and new telecommunication --
Chair Hardemon: Well, what do you have today? Because I assume you haven't
abandoned your pay telephones.
Ms. Sibila: No, we haven't abandoned them whatsoever. We have received new
stickers and approvals from the City as of late -- as of the end of last year, so we're
100 percent in compliance with all of our current units. What we have submitted,
like we have in prior years, is a new design for the enclosure of the units. We've
gone through -- I believe this will be the fifth version of the unit enclosures. And
under State law, what they require and what they encourage is new innovation in the
provision of technology for this type of unit.
Chair Hardemon: So --
Ms. Sibila: So we're --
Chair Hardemon: -- what has the profit-sharing been like with the City of Miami
over the past, say, 15 years? I mean, have you seen that there's been an increase in
revenues to the City? Has it been something that has been decreasing, or has it been
similar throughout these number of years?
Ms. Sibila: The revenues had been pretty stable. There was a bit of a decrease in
the last year or two or so.
Commissioner Reyes: That's what (UNINTELLIGIBLE).
Ms. Sibila: We've responded with that by hiring a new contractor that would
provide the advertising sales for the units, similar to how we've always operated.
Before, it was Uectren; now there's a new advertising sales agent in place for that
portion of it. We have also been working with our technology team to look for
enhancements to create the new telephone design. That was something that was of
interest to the Commission back in 2013 when this item was brought before them. It
was something that was directed to us from the Administration and the management
in terms of what it is that we'd be able to provide in terms of new technology; we're
now here with that. We submitted that to Public Works for permitting in -- at the --
towards the end of the year. We haven't received a sign -off on that approval. This
matter has now come before you. We anticipate, with the change to the new units
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that we're providing, that there would be a growth in revenue, and we're happy to
meet with any of you individually to further discuss any of those aspects.
Chair Hardemon: Does the City of Miami have its own revenue --for lack of better
words -- How do you verify the revenue that they're receiving so that we have the
appropriate fee -sharing amount? Because I'm looking at, for instance, revenue over
fiscal year '13, '14, '15; there's variation there by as much as $10,000, but the
number of permits that were issued are very similar. So, I mean, I would assume,
then, someone paid a smaller amount for a permit than they did in other years in
order for there to be just as many permits issued but at such a wide variety of
revenue from year to year.
Juvenal Santana: Mr. Chair, Juvenal Santana, Public Works director. The permit
fees do not change; what changes are the number of pay phones. I think they've
gone down a couple per year, so the number has decreased. However, I do know
that there was one fiscal year where the -- there was a blip, where the income that
was received by the City -- and I imagine that was because there were higher
revenues for advertisement, and that may have been fiscal year 2012 or 2013. I do
have it on my presentation; and also, they're available for audit. I --Memory serves
me right --
Chair Hardemon: Can you (UNINTELLIGIBLE)?
Mr. Santana: -- in 2013, the City Auditor did review First American
Telecommunication's books, and everything was up to par.
Chair Hardemon: Could the 2013 audit be the reason why in 2014 we had more
advertising fees? Because other than that, we've had about $9,720 -- that's been the
fee -- besides 2013, which was 9,360; for 2014, we had 18,529. And really, this is a
waste of our time even talking about these numbers. These are very, very, very small
numbers in relation to the type of numbers we normally discuss here in the City of
Miami on an issue like this, but nonetheless, we're here because this is apparently
some sort of opportunity for revenue sharing.
Commissioner Reyes: Yes.
Chair Hardemon: And so, you know, I'll let the Commissioner continue on with his
questioning.
Commissioner Reyes: And, Mr. Chairman, I'm glad that you brought that up,
because if you look at revenues from other cities in the United States, there is a
substantial source of revenues from -- by -- for using those type of -- that type of
technology. What -- the providers, they are paying -- some of them, they even pay 50
percent of the gross, you see. And what I want to do is, I think that we should
develop -- and I'm willing to volunteer my office -- some of -- I mean, we have to be
careful what we're doing here, because this could be a very-- a good source of
revenue. So we would like to try to work with the City Attorney and try to develop
criteria and analyze also -- Mr. City Manager -- analyze all the cities that are using
this -- that they have allowed this new technology to be used within that city; what is
the fees criteria, you know, and I would like to open it so we can open -- I would like
an open discussion on it, and see how can we -- the City of Miami could benefit more
from allowing this type of technology, which, at the same time, I think is useful, you
see. I think it's useful. Its useful for, I mean, for tourists, residents, and everybody
that lives here.
Mr. Santana: Sir, we'll be happy to work with the City Attorney and your office and
put something together for you.
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Commissioner Reyes: Okay.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: Let me tell y'all something. The other day I was at the airport
and I left my phone in the car. I didn't have any ability to communicate, because
there was no pay phones in -- at the airport.
Chair Hardemon: And it was 200, 000 people in the airport; you could have asked a
nice -looking gentleman, like the Vice Chairman, for his phone.
Commissioner Gort: No, I understand. Yeah.
Commissioner Reyes: Maybe they wouldn't trust him.
Commissioner Gort: You'd be surprised; they think I'm going to take -- run away
with the phone. "Hey, let me borrow your phone. " "No, no. You going to run with
it. " So my question -- I was told that, also, you have the facility to have cameras in
this new equipment?
Ms. Sibila: Yes, sir, that's correct. The new facility that we have has the ability to
have cameras and other security features that we're happy to talk in more depth with
either -- any of the Commissioners or with the Administration. But what we're really
looking at here is the new unit that we presented is something that is exactly what
this Commission is looking for in terms of the technology. There are 50 companies
in the State that are permitted licensed holders for public telephones. If the City is
interested in seeing what, if any, of those companies have in terms of technology,
then there is a list of those 50 companies that's available. The process here under
State law requires that there be open and fair competition, so there is no real ability
for thereto be one person who has a contract, per se. They would have to be a non-
exclusive contract, and any other telephone provider would be able to come and
request the same type of permit. So what I would like this Commission to be
conscious about is the process for us to get additional participants within the City,
and that process is not an RFP process, and that process was tried in court. It was
challenged when Miami Beach tried to implement an RFP process in order to seek
proponents for telephones; and it was also challenged, also, in Coral Springs, where
they also found that additional regulations towards telephones would be against the
jurisdiction of the Public Service Commission.
Chair Hardemon: But is this not -- this is not a telephone we're describing. We've
described a Wi-Fi system. We've described a --
Commissioner Reyes: The kiosk.
Chair Hardemon: -- security camera. We've described a self -enclosed standing
boot bench. I mean, we've described a lot of things, but we've barely discussed it
being a telephone.
Commissioner Reyes: Yes. Its called a kiosk. That's what --
Chair Hardemon: Kiosk.
Victoria Mendez (City Attorney): Right. We have a slight difference of opinion with
Ms. Sibila. With regard to telephones, yes, the Public Service Commission has
authority over public telephones. And if any company would like to come into the
City, get a permit, and if it meets certain criteria with regard to ADA (Americans
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with Disability Association), distancing, and things of that nature, it's able to get a
permit for a paid telephone. With regard to advertisement, that's a whole other ball
of wax. Both things can be separated, and we need to work out a scheme for that
purpose, so.
Commissioner Reyes: Could be an ordinance with certain criteria --
Ms. Mendez: Right.
Commissioner Reyes: -- instead of an RFP?
Ms. Mendez: It would be -- just as your office has already requested, which is just
an ordinance that provides a criteria for it --
Commissioner Reyes: (UNINTELLIGIBLE).
Ms. Mendez: -- and then we would maybe put out Requests for Letters of Interest,
just advising these 50 companies that they have the opportunity, if you so pass an
ordinance with that regard.
Mr. Emilio: Mr. Chairman, if I could? If we could allow Mr. Santana an
opportunity to do a briefpresentation regarding this issue?
Chair Hardemon: Well, let's hear from Commissioner Gort first, and then, if there's
a need to hear from the presentation, we will, because I'm not sure if we're going to
have any action on this, so Commissioner Gort.
Commissioner Gort: No. Look at the streets, where they're located at this time.
Whatever we do, I think that it should be citywide, because there's a lot of areas
within the City that has this need and it's not being provided; especially, I'm
interested in the cameras where the police might be able to use some of that. And I
don't know who select the zone or where they go, but I think we should be looking at
where these things should be placed in our parks, because that'll be sort of a safety
issues in there. What I'd like to see is the zone be expanded; whenever the letter
goes out, it should be expanded. It's only a certain part of the City where this is
existing.
Chair Hardemon: Sir, will it be brief?
Mr. Santana: Absolutely, Mr. Chair. So I prepared a quick -- I will not bore you
with some of the Code details, while they are included in here; I just wanted to give
you a little bit of a history as -- what establishes pay phones and -- So these are the
definitions for a pay phone. We all know what they are, what they look like. This is
just some actual verbatim stuff from our City Code as far what a pay phone is and
how it's determined. Right now the relevant Code sections as far as pay phones,
specifically with regards to advertisement, and this is where we've had a little bit of
question back and forth between pay phones and advertisement. Chapter 54-9
prohibits advertisement in the public right-of-way, unless it's approved by City
Commission action. So that's why we have an existing pilot program that allowed
those advertisements to be placed along with these pay phones. We have two
existing mechanisms that allow for advertisement that have been approved that the
City has; one is the pay phones and the other one is the bus bench and bus shelter
contract. Both resolutions are noted up therefor your edification. So this is what a
standard pay phone looks like. This isn't what, you know, we would normally think
of. This is the kiosk that were implemented. As Ms. Sibila mentioned, this is the
second or third generation. These are solar powered, so they have some interaction
there. They have usually some advertisements that -- You can see one of these; they
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have the "Keep Miami Beautiful" campaign on them. Sometimes they have some
specific information for the DDA (Downtown Development Authority). And as
Commissioner Gort mentioned, as far as expanding this citywide -- and
Commissioner Reyes mentioned this two Commission meetings ago -- as far as
looking at areas outside of where they're currently installed. Currently, they are in
the Downtown District, the Latin Corridor, Southeast Overtown, and Little Haiti.
These are just some of the requirements. And as far as the permit fees that go along,
each pay phone pays a fee of $175 per year. And if you come in for a new
installation, there's an additional $230 fee. Currently, there are 56 pay phones
permitted citywide. Florida -- First American Telecommunications is the only
company that has phones installed right now with us; 48 owned by the kiosk and
eight of them are the standard pay phones. I believe you were all making reference
to this chart with regards to the fees collected. This is over the last six years. We
have not gotten the data yet for the advertisement fees for the first quarter. We
collect quarterly fees through the Finance Department for the advertisement costs.
Current issues: Vandalism. Its not really in line with current technology. You
know, Commissioner Reyes stole a lot of my thunder with the stuff that he mentioned,
and that's what you're going to see coming up. Potential for a new pay phones: We
all know that the City of Miami is heavily involved with the Smart City Initiative
concept. They have the capability of having push-button emergency notifications.
They can befitted with blue lights, very similar to what you see on college campuses,
in parking lots, in case someone's in duress. They can function for charging
stations. I know that my battery on my cell phone dies all the time when Zerry's
sending me text messages. So here we have some ideas as far as expanding it
citywide, possibly looking at the revenue expanding the -- or increasing the
advertisement profit sharing that the City receives; put Miami in line with other
major cities. Our studies have shown that New York and London have existing kiosk
systems that are much more modern. Here you can what's currently in New York.
They have a 12 year contract, from what we understand, and they receive a 50
percent revenue share. Again, this one's a sample of what's in London; again, very
much for advertising. You have an area where you actually -- there is no handheld
device anymore; you can just come and push. You have Wi-Fi; again, the ability to
call to -- in the United States, as far as New York is concerned, you can call
anywhere in the United States for free. And this is the sample of what Ms. Sibila was
telling you about earlier, as far as what they've submitted to the City for their permit
to modernize the systems that they have in place today. And then, last, but not least,
we had evaluated locations as far as where they could be placed. Civic Center,
Allapattah, the 17th Avenue Corridor in District 1; District 2, the Upper East Side,
Midtown, Downtown Coconut Grove; District 3, the Marlins Stadium area, the Latin
Quarter, which is currently a location allowed; District 4, the whole Flagami area,
Auburndale and La Pastorita; and District 5, Wynwood, Little Haiti, the Upper East
Side, Overtown. These are all areas that I think we would benefit from having
additional pay phones with advertisement.
Chair Hardemon: Thank you.
Mr. Santana: You're welcome. I hope that was brief enough, sir.
Vice Chair Russell: Mr. Chairman?
Chair Hardemon: You're recognized.
Vice Chair Russell: Quick question. Madam City Attorney, just so I could clam
what -- Your distinction between where you said there was a difference of opinion is
that we -- you don't believe -- you believe that we could do an RFP for the
advertising portion, but you agree with him about the telephone portion?
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Ms. Mendez: What -- Yes and no, how you describe it. Basically, we could do an
RFP for advertising pay telephones, but if anyone wants to come in with a pay
telephone, they could get it by right, pursuant to Florida Statute. I don't think they
could get by rights a pay telephone with advertising. And obviously, we could not
remove their pay telephones; we can ask them to remove their advertising.
Chair Hardemon: But we don't even have to have pay telephones anymore. I mean,
with the amount of money you receive from advertising, these could be phones that
you could use for free, and you don't have to have a hand-held device, and you could
have a public conversation with someone -- or private, if you will, in public, like
dialing a number on these things and essentially not have to pay 25 cents.
Ms. Mendez: Right, telephones. Let's say pay telephones or telephones without
advertising are under the PSC (Public Service Commission). If you want to have an
advertising component, it is within the jurisdiction of the City as to how they want to
do that. So it would definitely have to be non-exclusive, though, because if someone
wants to come in with their pay telephone, they can make --
Chair Hardemon: Is it --
Ms. Mendez: -- or telephones, they can make certain arguments.
Chair Hardemon: So telephone, period?
Ms. Mendez: Telephone.
Chair Hardemon: Telephone, period.
Ms. Mendez: Yeah.
Chair Hardemon: But the -- I mean, this is the discussion we can have later in
private, but -- because the --just say it on the record -- does a telephone -- is a
telephone treated differently than voice operated in that protocol, so the voice system
like, you know --?
Vice Chair Russell: Oh.
Chair Hardemon: You like that, right? Is there -- is it different?
Ms. Mendez: That's an interesting question. And one of the things that we have to
develop a little more is what would be our definition of telephones or those --
Chair Hardemon: Right. Because I can imagine, you can make a phone call not
over a -- what we've --
Ms. Mendez: Right, it could Wi-Fi.
Chair Hardemon: --the telephone.
Commissioner Reyes: Yeah.
Chair Hardemon: That's right, it could be a --
Ms. Mendez: Exactly.
Chair Hardemon: --Internet call. So it's just that there's a lot to be --
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Commissioner Reyes: Yeah.
Chair Hardemon: -- considered there.
Commissioner Reyes: Yes, I understand that, and I think that we have to start
working on it. (UNINTELLIGIBLE) way that we can find out what are we going to
do.
Chair Hardemon: Okay. So --
Ms. Sibila: Chair, if I may? Under State law, if it provides two-way communication,
then it's considered a pay telephone, and it would be required to be licensed under
the Public Service Commission.
Chair Hardemon: We shall see. I mean, I don't know. I don't have it in front of me;
I can't read it for myself. I appreciate it that you gave me that definition of it, but --
Commissioner Carollo: How about satellite phones?
Commissioner Reyes: Satellite?
Commissioner Carollo: Do they fall in the same category?
Ms. Sibila: I'm sorry; I didn't understand your question.
Commissioner Carollo: Satellite phones. Satellite phones, do they fall into the same
category that you just described?
Ms. Sibila: That would be a private phone provider. No, that's not a public
telephone provider within the municipal public rights-of-way. Those are the ones
that are required to have a certificate through the Public Service Commission at the
State level.
Chair Hardemon: So we shall see. That's what I'm talking about. See, the State
wants to be involved with telephone poles, right?
Commissioner Carollo: Emilio --
Chair Hardemon: What's up with this?
Commissioner Carollo: -- make sure you never hire her; she's too good.
Chair Hardemon: All right. So there is no —
D1.3 DISCUSSION ITEM
3642 DISCUSSION REGARDING THE MIAMI FOREVER BOND
Commissioners PROGRAM CITIZENS OVERSIGHT BOARD.
and Mayor
RESULT: DISCUSSED
Note for the Record. For additional minutes referencing Item DL3, please see
"Public Comment Period for Regular Item(s). "
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Chair Hardemon: Going to move back into the "PartA - Non -Planning & Zoning
Items) "agenda. We only have two things left for discussion; that's D-1.2 and DL 3.
Mayor Francis Suarez: Mr. Chair, may I be recognized on DI.3?
Chair Hardemon: OnD-1.3? You're recognized.
Mayor Suarez: Yes. Thank you. DI.3 is a discussion item regarding the Miami
Forever Bond Program Oversight Board. I know Commissioner Reyes, in his prior
life, served on one of the Oversight Boards, I believe.
Commissioner Reyes: That was the first one for the neighborhood --
Mayor Suarez: That's right.
Commissioner Reyes: I was the co-chair.
Mayor Suarez: That's right. So this is a similar board. Every time we've had a
major bond program, we have brought the community to be a participant in the
process to make sure that the projects that are approved have community support.
Obviously, the -- I've spoken to you, Chair, about this. We've had some good
feedback and good conversations about it. You know, my view of it is that the -- all
the project's priorities for funding should be made by the City Commission and in
their sole discretion. And I think the Oversight Board should ensure that there's
proactive community engagement and communications, has transparent and
accountable internal project management and progress reporting, and that bond
funds are expended only for the purposes set forth in the ballot measure. Before—
our previous boards have had 15 members. You know, I think it might be better to
have less, but I leave it to your discretion. What I was going to propose was seven
members, which was a board member by each member of the Commission; one by
the Manager and one by the Mayor. Simple. But I really -- it matters not to me, you
know, the size, depending on what, you know, this board wants to do. I do want to
have a requirement that no member have a conflict of interest with any project or
with any vendor, contractor, or any other entity receiving funds from the general
obligation bond issuance. I just think that's a good government provision that we
should put in there. And I just wanted to make this -- I was going to present
legislation at the next Commission meeting, assuming that the Commission is in
favor of that general construct, and meet with Commissioners individually to make
sure that if there are any -- you know, if there's any questions, comments, concerns
or additions.
Commissioner Reyes: Excuse me, Mayor. Are you planning on placing any
restriction as of training, education, or anything like that?
Mayor Suarez: We have some. We were going to attach a draft to this discussion
item, but unfortunately, we didn't have it ready on time. So rather than put
something together that wasn't ready, we wanted to actually sit with you now that
it'll be on as a first reading.
Commissioner Reyes: Absolutely. Could you be so kind; whenever you have it
ready, you'll sit down with us and we will go over it? And --
Mayor Suarez: perfect.
Commissioner Reyes: -- at that time, we -- my -- each one of my colleagues and I
will -- individually can make the suggestions on any type of --
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Commissioner Carollo: (UNINTELLIGIBLE).
Commissioner Reyes: Its about the board --
Mayor Suarez: Oversight.
Commissioner Reyes: -- Oversight Board for the bonds; Bond Oversight Board.
Mayor Suarez: Its a discussion item.
Commissioner Reyes: A discussion to see --
Mayor Suarez: We're going to prepare legislation, Commissioner, and bring it to
your office, and meet with all ofyou to see if there's any tweaks or anything thatyou
want to add or subtract to the board, and we'll hopefully have it for first reading,
you know, for the next City Commission.
Commissioner Reyes: Okay.
Vice Chair Russell: Yeah, I'd like to be involved as well.
Mayor Suarez: Thankyou.
Vice Chair Russell: Mr. Chairman.
Chair Hardemon: You're recognized.
Vice Chair Russell: Just as a -- on the two thoughts that were mentioned on the size
and the qualifications, I'd like this board to be able to move rather quickly and be
able to -- you know, a very large board may get cumbersome in terms of the
decision-making process, so less is more in that sense, but I believe the expertise
they bring is the eye and ear of the public --
Mayor Suarez: True.
Vice Chair Russell: -- and the good judgment they're in as well; not so much what
specialty criteria they have, because it's a very broad bond
Mayor Suarez: Sure.
Vice Chair Russell: Obviously, we have affordable issues. We have scientific issues;
sea level rise issues.
Mayor Suarez: Right.
Chair Hardemon: But I have a Ph.D in molecular theology and
(UNINTELLIGIBLE).
Vice Chair Russell: Yeah.
Mayor Suarez: You don't have one? I thought you had a couple of those.
Vice Chair Russell: And we'll ask you for your advice when we need it. Thank you.
But I think, you know, good citizens is what we need, good residents of the board,
and those are my -- two of my recommendations, but I look forward to working with
you on it. Thank you.
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Mayor Suarez: Thank you. That's all. Thank you.
Chair Hardemon: Thank you very much.
END OF DISCUSSION ITEMS
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PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S)
Chair Hardemon: So is there a member from the general public that'd like to speak
to any of the items that are on the Planning & Zoning agenda? Seeing that there is
no -- no such person has raised their hand, I'll conclude the public hearing section
of the Planning & Zoning meeting.
PART B: PZ - PLANNING AND ZONING (ITEMS)
Chair Hardemon: Mr. Assistant City Attorney, do you mind reading the directions
for the Planning & Zoning section?
Barnaby Min (Deputy City Attorney): Yes, sir, Mr. Chairman. PZ (Planning &
Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning
Code. Before any PZ item is heard, all those wishing to speak must be sworn in by
the City Clerk. Please note, Commissioners have been briefed by City staff and the
City Attorney on the items on the agenda today. The members of the City
Commission shall disclose any ex parte communications to remove the presumption
of prejudice, pursuant to Florida Statute Section 286.011(5) and Section 7.1.4.5 of
the Miami 21 Zoning Code. Any person may be heard by the City Commission
through the Chair for not more than two minutes on any proposition before the City
Commission, unless modified by the Chair. If the proposition is being continued or
rescheduled, the opportunity to be heard may be at such later date before the City
Commission takes action on such proposition. The Chairman will advise the public
when the public may have the opportunity to address the City Commission during the
public comment period. When addressing the City Commission, the member of the
public must first state his or her name, his or her address, and what item will be
spoken about. A copy of the agenda item titles will be available at the City Clerk's
Office and at the podium for your ease of reference. Staff will then briefly present
each item to be heard. For applications requiring City Commission approval, the
applicant will then present its application or request to the City Commission. If the
applicant agrees with the staff recommendation, the City Commission may proceed
to its deliberation and decision. The applicant may also waive the right to
evidentiary hearing on the record. The order of presentation shall be as set forth in
Miami 21 and the City Code, providing the appellant shall present first. For
appeals, the appellant will present its appeal to the City Commission, followed by the
appellee. Staff will be allowed to make any recommendation they may have. All
persons testifying must be sworn in. The City of Miami Commission requires that
anyone requesting action by the City Commission must disclose before the hearing
anything provided to anyone for agreement to support or withhold objection to the
requested action, pursuant to City Code Section 2-8. Any documents offered to the
City Commissioners that have not been provided seven days before the meeting as
part of the agenda materials will be entered into the record at the City Commission's
discretion. If any Commissioner thinks that documents supplied to the City
Commission less than seven days before merit a continuance, the item may be
continued by the City Commission. Thank you, Mr. Chairman.
Chair Hardemon: Thank you very much. Mr. Todd Hannon.
Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be
speaking on any of today's Planning & Zoning items, if you will be speaking on any
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of today's Planning & Zoning items, may I please have you stand and raise your
right hand?
The City Clerk administered the oath required under City Code Section 62-1 to those
persons giving testimony on zoning issues.
Mr. Hannon: Thank you, Chair.
Chair Hardemon: Thank you very much.
The following item(s) shall not be considered before 2:00 PM:
PZ.1
ORDINANCE First Reading
3405
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE
Department of
MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN,
Planning
PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES
SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION FROM
"DUPLEX RESIDENTIAL" TO "LOW DENSITY MULTI -FAMILY
RESIDENTIAL" OF 0.2583 ± ACRES OF REAL PROPERTY LOCATED
AT APPROXIMATELY 3245 SOUTHWEST 23 STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A";
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading with Modification(s)
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Reyes
ABSENT: Gort, Carollo
Chair Hardemon: And so what I'll do is then I'll call PZ. 1.
Commissioner Reyes: PZ 1 ?
Chair Hardemon: PZ. 1.
Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZI and
PZ.2 are companion items. They are respectively the land use change and rezoning
proposal for properties at -- a property at the address 3245 Southwest 23rd Street.
It is before you on first reading. And the change sought on Item PZ. 1, the land use
designation change, is from duplex residential, which it is presently, to low density
multifamily residential. This item, as presented, was reviewed by the Planning &
Zoning Department and recommended for denial, and for the Planning, Zoning and
Appeals Board as well. However, we had since been approached by the applicant,
who wishes to amend the request slightly, and has conceded to change the amount of
land to be changed, itself, in terms of the land use, to include not the entire site, but
rather, only the portion of the site that aligns with the existing zoning and land use
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designation to the south. That is a much more defensible and recommendable
proposal, and for that, we would urge your positive consideration.
Chair Hardemon: Is this computed for the presentation for this item?
Mr. Garcia: I'm sorry, sir?
Chair Hardemon: Is there a presenta --? No, it's not, for the item?
Mr. Garcia: I don't see -- The attorney I've been dealing with is Mr. Rodriguez. I
don't see him here at the moment.
Victoria Mendez (City Attorney): I wouldn't hear this item without the --
Chair Hardemon: No, we -- I mean -- but we're calling the item.
Ms. Mendez: True.
Commissioner Reyes: Francisco -- excuse me.
Chair Hardemon: Yes.
Commissioner Reyes: Francisco, is this the one that they agree to maintain -- only
to change in one of the lots, so we are going to go from four to three to two?
Mr. Garcia: That is correct, Commissioner Reyes. As has been briefed previously
and as we had discussed, the intent now is not to change the land use or the zoning
for the entire property; rather, it is to make the change so as to align with the zoning
designation to the south --
Commissioner Reyes: Okay.
Mr. Garcia: -- which will take up approximately one-third of the property in
question.
Commissioner Reyes: I went to -- I met with the architect, and I don't have any
problem with it. I will move to approve it.
Chair Hardemon: So you're moving to approve with the amendments --
Commissioner Reyes: With the amendments.
Chair Hardemon: --as proffered?
Commissioner Reyes: That's right, with the amendments.
Ms. Mendez: And that was your Jennings disclosure? You met with the architects
from the project or with the --
Commissioner Reyes: No, I --
Ms. Mendez: --planners from our--?
Commissioner Reyes: I mean, with Francisco, and then he --
Ms. Mendez: Oh, okay.
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Commissioner Reyes: -- agrees --
Ms. Mendez: All right, all right.
Commissioner Reyes: -- and I agree. Francisco recommended that, and I agree
with it.
Ms. Mendez: Okay, perfect. I just wanted to clarify then that --
Commissioner Reyes: Sure.
Ms. Mendez: -- it was our City planners and architects.
Commissioner Reyes: That's right, City planners.
Ms. Mendez: Okay. Thank you.
Commissioner Reyes: He suggested that modification, and then that's the only way
that I would move to approve it.
Mr. Garcia: And so, briefly, Mr. Chair, I understand that this is first reading. And
the City Attorney brings up the point that it would be ideal to have perhaps a metes -
and -bounds description for the subject change. I'm certainly happy to provide that,
unless the applicant has it, but again, this particular amendment to the proposal has
been discussed, and I believe there is universal agreement about it.
Ms. Mendez: Mr. Fernandez, could you state your name for the record on this item?
Javier Fernandez: Happy to. How are you? My apologies for being late. Javier
Fernandez, with 23 Project Group, LLC (Limited Liability Company), on the behalf
here on 3245 Southwest 23rd Street.
Unidentified Speaker: (INAUDIBLE).
Mr. Fernandez: Sorry? I'm good.
Todd B. Hannon (City Clerk): Excuse me, Chair.
Ms. Mendez: The Clerk is advising me that we have not --
Mr. Hannon: Administered the oath for Mr. Fernandez.
Mr. Fernandez: Thank you.
Chair Hardemon: The attorneys do the oath as well?
Mr. Hannon: Yes.
Chair Hardemon: Yeah?
The City Clerk administered the oath required under City Code Section 62-1 to those
persons giving testimony on zoning issues.
Mr. Fernandez: I do.
Mr. Hannon: Thank you.
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Mr. Fernandez: Thank you.
Chair Hardemon: Okay. Well, it's been properly moved; the Chair will secondly
cer -- certainly second the motion to approve, with the proposed changes that were
described on the record.
Commissioner Reyes: That's right.
Chair Hardemon: Right? And I believe they asked for (UNINTELLIGIBLE).
Mr. Fernandez: IfI could just clarify for the record. Its to deny the changes to Lot
75 and --
Commissioner Reyes: With changes that Francisco --I mean --and you agree on it -
Mr. Fernandez: Yes.
Commissioner Reyes: -- that only one of the lots --
Ms. Mendez: One-third. One-third of the property.
Commissioner Reyes: One-third of the (UNINTELLIGIBLE) will be --
Mr. Fernandez: Yes. I think to clarify, it would be a denial as to change Lot 75,
which is the western lot. The center lot is Lot 76; an approval as to the western half
of Lot 76.
Commissioner Reyes: That's right.
Mr. Fernandez: And I think that would accomplish the change.
Mr. Garcia: I'm sorry, but to be abundantly clear, it would be to the eastern portion
of that. The change would take effect in the eastern --
Commissioner Reyes: At the eastern.
Mr. Garcia: --portion of the lot, correct?
Mr. Fernandez: No. Its actually the western half. Right now the eastern half of the
center lot, which is 76, is zoned T4 -L, and has a designation of low density -- sorry --
yeah, low density multifamily residential.
Mr. Garcia: We are all saying the same thing. I'll restate itfor the record --
Mr. Fernandez: Sorry.
Mr. Garcia: --just to be clear. It is, in fact, the western portion of Lot 75, which is
the eastern lot in the assemblage, subject to --
Mr. Fernandez: Correct.
Commissioner Reyes: Okay.
Mr. Garcia: -- (UNINTELLIGIBLE) request.
Mr. Fernandez: Yes.
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Commissioner Reyes: Okay, but it will go -- come to what -- I mean, it will come
from high -- less high to a normal, what it is now?
Mr. Garcia: That is --
Mr. Fernandez: Yeah. So the transition would happen on our property; that's
correct.
Commissioner Reyes: Okay.
Ms. Mendez: So we don't have a sketch, and I had asked for some sort of description
with regard to all of this, so I hope before second reading --
Mr. Fernandez: Correct. We --
Ms. Mendez: -- we are going to have that information.
Mr. Fernandez: -- we'll provide the survey with -- showing exactly the existing
subdivision. We do have a description in the exhibits. Again, we are affecting only
with this proposal a change to the land use and zoning for the western half of the
center lot, which is Lot 76.
Commissioner Reyes: Yes.
Mr. Fernandez: As to Lot 75, we'll deny the request.
Commissioner Reyes: Okay.
Chair Hardemon: All right. Any further questions with the motion that's on the
floor? Seeing none, all in favor of the motion --
Mr. Hannon: Chair. City Attorney.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: As amended on the record by both the Planning director and the
applicant's attorney, Mr. Fernandez.
Chair Hardemon: All in favor of the motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
Mr. Fernandez: Thank you.
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PZ.2
ORDINANCE First Reading
3406
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
Department of
ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED,
Planning
CHANGING THE ZONING CLASSIFICATION FROM 73-0," SUB-
URBAN TRANSECT ZONE -OPEN, TO 74-R," GENERAL URBAN
TRANSECT ZONE -RESTRICTED, OF THE REAL PROPERTY
LOCATED AT APPROXIMATELY 3245 SOUTHWEST 23 STREET,
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading with Modification(s)
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Vice Chair
AYES: Hardemon, Russell, Reyes
ABSENT: Gort, Carollo
Note for the Record. For additional minutes referencing Item PZ.2, please see
Item PZ. 1.
Chair Hardemon: PZ.2, can you read it into the record, please?
The Ordinance was read by title into the public record by the City Attorney.
Victoria Mendez (City Attorney): As described by the Planning director and the
applicant's attorney, Mr. Fernandez.
Commissioner Reyes: Moved.
Chair Hardemon: It's been properly moved.
Vice Chair Russell: Second.
Chair Hardemon: No amendment made? Seconded by the Vice Chairman. No
discussion. All in favor of the motion, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
Javier Fernandez: Thank you very much. Again, I apologize for being a few minutes
tardy.
Chair Hardemon: Thank you very much, sir.
END OF PLANNING AND ZONING ITEM(S)
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►yia►viWkel:9AkiIlZd0]►v�I►vi1t;-9[0]►I;I:�&i1111NI►yiRl
CITYWIDE
HONORABLE MAYOR FRANCIS SUAREZ
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City ofMiarni Page 105 Printed on 03/20/2018
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34017619:71"sil
COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT
END OF DISTRICT 1 ITEMS
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VICE CHAIR KEN RUSSELL
END OF DISTRICT 2 ITEMS
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0211117619:7[00?
COMMISSIONER, DISTRICT THREE JOE CAROLLO
END OF DISTRICT 3 ITEMS
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COMMISSIONER, DISTRICT FOUR MANOLO REYES
END OF DISTRICT 4 ITEMS
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CHAIR KEON HARDEMON
END OF DISTRICT 5 ITEMS
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END OF FUTURE LEGISLATION
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NA - NON -AGENDA ITEM(S)
NAA
RESOLUTION
3659
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE INDEPENDENT AUDITOR GENERAL, CITY MANAGER, AND
Commissioners and
CITY ATTORNEY TO REVIEW THE CALCULATIONS SET FORTH
Mayor
IN THE REPORT CONDUCTED BY GRANT THORNTON LLP TO
DETERMINE WHETHER IT COMPLIES WITH THE
REQUIREMENTS SET FORTH IN SECTION 6 OF THE NON -
RELOCATION AGREEMENT ENTERED INTO BY THE CITY OF
MIAMI, MIAMI-DADE COUNTY, AND THE MIAMI MARLINS L.P.;
FURTHER DIRECTING THE INDEPENDENT AUDITOR GENERAL
TO PROVIDE A STATUS REPORT ON ITS WORK PURSUANT TO
RESOLUTION NO. 17-0424 ADOPTED ON SEPTEMBER 19, 2017;
FURTHER AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY TO
ENSURE THAT THE CITY RECEIVES THE FULL AMOUNTS DUE
AND OWING AS A RESULT OF THE SALE OF THE MIAMI
MARLINS FRANCHISE.
ENACTMENT NUMBER: R-18-0041
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. Direction by Commissioner Carollo to the City Manager to
provide a report on the status of'the City's assets at Marlins Stadium, specifically,
the land and parking structures.
For minutes referencing Item NA. 1, please see Item CA. 6.
NA.2 RESOLUTION
3672 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
Commissioners and MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS TO
Mayor DESIGNATE THE WEST FLAGLER BRANCH LIBRARY AS AN
EARLY VOTING SITE FOR THE FLORIDA HOUSE OF
REPRESENTATIVES DISTRICT 114 SPECIAL ELECTIONS
SCHEDULED FOR FEBRUARY 20, 2018 AND MAY 1, 2018;
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE OFFICIALS STATED HEREIN.
ENACTMENT NUMBER: R-18-0051
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MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Joe Carollo, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
NAYS:
Reyes
Chair Hardemon: I think we're on D1. 2.
Commissioner Reyes: Mr. Chairman?
Chair Hardemon: You're recognized.
Commissioner Reyes: Can we -- because we're about to break for lunch, and I see
people from -- it was the president of the Republican Party and some people that
were going to be talking about the -- I mean, they're going to be supporting our
resolution to -- for the voting places, you see, and I would like to, if it is not any
problem, I'd like to bring that for discussion.
Commissioner Carollo: Okay. You have a motion?
Commissioner Reyes: Yes, I have a motion to bring to discuss.
Commissioner Carollo: I'll second itfor the purpose of discussion.
Commissioner Reyes: That's okay.
Chair Hardemon: Can you explain what the motion is again?
Commissioner Reyes: Yes. It's a resolution of City ofMiami Commission urging the
Miami -Dade County Supervisor of Election to designate the West Flagler Branch
Library as an elderly voting site for the Florida House of Representative District 114
Special Election, scheduled for February 20, 2018 and May 1, 2018; finding in
accordance with Section 164.1041 by a three fourth vote.
Commissioner Gort: Second.
Chair Hardemon: I think (UNINTELLIGIBLE) -- we're only -- I don't even know we
need much discussion on this. I think all of us completely understand it.
Commissioner Carollo: I think we do.
Vice Chair Russell: I'd like to see a map.
Commissioner Carollo: Yeah, I think we do. And let me tell you what the discussion
could be.
Commissioner Reyes: Sure.
Commissioner Carollo: No party -- Republican, Democrat, or any other -- should
ask government to do what their responsibility is, and what they're basically ask --
are asking us here is to pay the bill and going to court. By approving it the way that
it is, we're committing ourselves in paying for attorneys and going to court when it's
their responsibility. I mean, if they have enough money so -- And this is the House
seat, by the way, for the House leadership in Tallahassee, the Republican House seat
-- to spend tens of thousands, if not hundreds of thousands of dollars in elections that
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are not even for House seats in Miami, they certainly have enough money to pay for
any attorneys that they would have to pay for. In fact, they have attorneys, the
House leadership, that they have on their payroll; and they're certainly very busy,
involved in other events. So I would approve this, with the exception that we're not
stuck in paying a bill that, if they want it, it should be the parties that do that,
whether it is the Republican or Democrat Party, and that's the only problem that I
have with this.
Vice Chair Russell: Mr. Chairman?
Commissioner Reyes: Let me answer the -- Commissioner Carollo. Commissioner,
the base of this resolution is not a partisan thing. It's not happen --
Commissioner Carollo: I didn't say that.
Commissioner Reyes: -- have nothing to do with party, because the candidate for the
Democratic Party agrees with our resolution. The principle is that you are not
allowing 94 percent -- a portion of a district that is 94 percent of -- they are
Hispanic. There are 52,000 in this district that -- including mine, which is the area
of Flagami, including me -- which is 90.2 percent Hispanic. West Miami has a
population of 6,000 voters also, which is not -- I mean, there is not a voting place
near to where they live. What they are asking the County -- What they are asking is,
our residents, people that live in Flagami and West Miami, to walk or to drive four
miles to Coral Gables and vote there, you see. I mean, this have nothing to do -- this
is not a partisan thing. It is that -- I consider that these people, which are -- I mean,
the median income is $40,000, and then when we got -- they have in Pinecrest, they
have developed -- I mean, they have a voting place there, you see, that has been
authorized, where people -- they have less voters, the percentage of Hispanic is only
40 percent, and the median income is a thousand -- $100,000, you see. Now, the
president of the Republican Party, which was the (UNINTELLIGIBLE) that was --
that came here, but I had the assurance that Mayor Muhina, from West Miami, was
going to come here and support this. As a matter of fact, he also sent a resolution of
City of Miami Commission. And according to our -- the president of the Republican
Party, and from information that I have, this will cost about thirty -some -thousand
dollars, which is going to be refunded by the State Legislature, you see. They will
refund it. We are not going to pay those people (UNINTELLIGIBLE); the County is
the one that going to pay it. It's not us.
Commissioner Carollo: No. What --
Commissioner Reyes: It is not us that's going to pay it. The County is the one that
have their employees, and they're the ones that have the authority of tell -- getting
their people there to work and do -- and work in the election; we are not doing it.
We're asking them to do it. Their argument is that it will cost them $31,000. And
now the counterargument is, "No, the State will pay for it, " you see. But in no --
there is no place in this resolution that says that we're going to pay for it.
Commissioner Carollo: No, that's not what I'm talking about, Commissioner.
Commissioner Reyes: You see.
Commissioner Carollo: And I agree with everything you're saying, with the
exception of approving Section 4. Section 4 says, "The Miami City Commission
further authorizes the City Attorney to pursue any and all remedies in law or in
equity to protect the rights of the voters of the district, " which means that it's talking
about suing, and I don't want to get into a situation that we're spending more and
more monies and getting involved in lawsuits that we should not be involved in. I
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agree that that's the way it should be, but I think that we could handle it in other
ways without spending City of Miami monies in suing the County, you know; I think
you and I know enough channels there that we could contact. But if a Party wants a
government to be involved in a lawsuit, then they should put the attorneys up or
speak to their House leadership and let them handle that, like they do many other
things. But I don't believe we should be stuck in paying monies to sue, and that's
what I'm talking about. As far as who pays for polling a booth, you are correct; it's
the County.
Commissioner Reyes: Yes, sir.
Commissioner Carollo: I'm not talking about that. I'm talking about that I don't
want to be obligated that we got to pay for a lawsuit, and that's all that I'm saying.
Commissioner Reyes: Sure.
Commissioner Carollo: And if you take Section 4 out of here, I will be perfectly fine.
Commissioner Reyes: I don't think that we're going to go as far as suing, but we
have staff and we have a City Attorney, you see; that she has a big staff, and I think
that the right of these voters have to be protected, you see.
Commissioner Carollo: Why can't they protect those rights?
Commissioner Reyes: Listen -- I mean, this is not partisan. You're going on a
partisan route. You're saying, "Okay. Well, that has got nothing to do with who's
going to win and who is running. "
Commissioner Carollo: I know it's not partisan.
Commissioner Gort: Mr. Chairman?
Commissioner Carollo: But what I'm saying is, when I say, "they, " I'm talking
about the Republicans, the Democrats; why can't they pay for it?
Commissioner Reyes: Well, that's a good question, and I am going to bring this
gentleman up and (UNINTELLIGIBLE) -- if, in case, that we have to go take the
legal route, if you are willing to --
Nelson Diaz: I --
Commissioner Reyes: -- refund the City.
Commissioner Gort: Mr. Chairman?
Mr. Diaz: -- Nelson Diaz, with the Republican Party. I am willing to partake in the
financial cost of any lawsuit; it's an avenue that we explored. We did not ask the
City to do this on our behalf.
Commissioner Reyes: No, it was my idea.
Mr. Diaz: This was -- Right. This is coming from Commissioner Reyes, who wants
to protect the residents of his district and I think Commissioner Gort's district that
are being disenfranchised. Its every -- the City's right to --
Chair Hardemon: Okay.
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Mr. Diaz: -- protect its citizens if it wants to. If you're asking me if I'm willing to
participate, I am willing to participate financially.
Chair Hardemon: Thank you, sir. Vice Chairman and then Commissioner Gort.
Vice Chair Russell: Thank you. I honestly haven't had enough time to really study
them. I'm scouring the Internet right now to make sure and study how the distance
from the existing branch library on Segovia Street -- it looks like 2.7 miles, a 10 -
minute drive to the proposed west branch.
Commissioner Reyes: No. Its about four miles, sir.
Vice Chair Russell: It's -- I'm looking at Google Maps --
Commissioner Reyes: Well, it all depends where you --
Vice Chair Russell: -- right now. Direction from the west branch library to Segovia
Street library is a 10 -minute drive, 2.7 miles, according to the Internet. I'm just
going -- and maybe you're correct, but I haven't had the time to understand and see
it.
Commissioner Reyes: Yes, sir.
Vice Chair Russell: I'd like to know how many of our residents are in District 114
that are being affected by this to --
Commissioner Reyes: I will tell you that there is -- I think there's about 10,000.
How many do we have?
Commissioner Carollo: It is.
Mr. Diaz: I think it may be closer to 20.
Commissioner Reyes: 20 -- close to 20,000.
Vice Chair Russell: City of Miami residents in (UNINTELLIGIBLE).
Mr. Diaz: I believe so.
Commissioner Reyes: 25,421, you see. Of those, I can tell you that when you add
the Republicans and the Democrats, you see, there are less Republicans than the rest
of them, you see. I mean, the Independent and the -- and I have the figures right
here, you see. Its 19 percent of the district, okay. That's -- it's 19
(UNINTELLIGIBLE) of the district.
Mr. Diaz: If I might?
Chair Hardemon: No. Before you move forward, sir --Are you finished with your
comments?
Vice Chair Russell: Yeah. I --just that I'd like more information. I don't know what
our, you know, timeliness on this is to move for this. I do agree with Commissioner
Carollo that we shouldn't be unleashing our full legal might to take on this issue, but
it perhaps is something that we're urging for. I believe we're all in favor of making
sure there's nobody disenfranchised from their ability to vote.
Commissioner Reyes: Yes, sir.
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Vice Chair Russell: But to really dig deep and understand what need is there and
what's being addressed and, obviously, who's paying for it is important to us, I think.
Victoria Mendez (City Attorney): Vice Chairman and Chairman, I just wanted to
say, the other situation that is lost here is that West Miami, also, one of their booths,
which is very close to this one, voting facilities, was also removed, so I would ask
West Miami, obviously, to join in on whatever legal measures as well, which is
closer to this one on 91h and 62nd. So it's two early voting on that same, you know,
Flagler/Tamiami Corridor that had been removed, and that's what caused all of the
Commissioner Carollo: Well --
Vice Chair Russell: This was in place and it's been removed; is that correct?
Commissioner Gort: Right.
Ms. Mendez: Right, that they're not early voting that usually are early voting
precincts, and neither of them are being provided for in this area.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: I think it's very important that we send a message to the
County. A lot of the people from the City of Miami and West Miami, why eliminate
the citizens? I don't care what party they're in. I'm Independent myself, so I think
people should have the opportunity to vote as close as they can; make it easier. One
of the reasons we put early vote is to make it easier for people to go and vote, so if
they're going to make it closer (UNINTELLIGIBLE) -- they're going to the polls site
that's going to affect the City of Miami and West Miami. I think we should send the
message to the County that we'd like to have either one put up.
Commissioner Reyes: And I have to add --
Commissioner Gort: And that's a resolution.
Commissioner Reyes: -- there are some of your constituents there that have been
disenfranchised, too, Mr. -- because it's not only Flagami South; it's also Flagami
North --
Commissioner Gort: Yeah, I know.
Commissioner Reyes: -- that is (UNINTELLIGIBLE).
Chair Hardemon: So let me understand. Then we know that the City of Miami will
not be paying for this extra site; is that correct?
Commissioner Reyes: No.
Ms. Mendez: According to Florida Statutes 100.011, the expenses of holding
elections for County and State offices incurred shall be paid out of the treasury of the
County or the State, as the case may be, and in the same manner as officers in the
general elections.
Chair Hardemon: Okay.
Ms. Mendez: So that's pursuant to Florida Statutes.
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Chair Hardemon: So that's the Florida Statutes. So if we were striking Section 4,
then this would be, as it's termed, an "urge. "
Commissioner Carollo: Yep.
Chair Hardemon: So if we struck Section 4 --
Commissioner Carollo: That's all I'm asking.
Chair Hardemon: -- then this could be moved forward without any, you know,
further consideration.
Commissioner Reyes: But if we strike Section 4, we take any teeth that this
resolution has, because they say, Ah, these people, they are just complaining. They
are just crying. "
Commissioner Carollo: Well, if --
Commissioner Reyes: Now, we have something very clear that you and -- are willing
to chip in, okay? WestMiami, I'm pretty sure that they will agree and they will join
us if we have to go the legal route. And I don't know about the Democrats, if they're
going to do anything, but I know that we have to send a message. You see, these
people have rights. Its 20 -- it's not that it's a group of 100 or 200 people; it's
21,567 voters.
Commissioner Carollo: 25,000 plus, you said.
Commissioner Reyes: That's right. Well, (UNINTELLIGIBLE), okay. It is -- those
people -- I mean -- and I -- Mr. Vice Chair, you see, most of those people, they are
elderlies, elderlies, you see. They cannot walk over there. There is not a bus route
that would take them, and they live very close to the Flagami Library, which, by the
way, has a great, great amount of voters where every time that we have early voting,
there is a big percentage of voting that takes place there, you see.
Commissioner Gort: Let me -- I think a resolution from the City of Miami and the
City of WestMiami gives a message to elected officials in the County that they're not
being fair with two cities.
Commissioner Reyes: Yes.
Commissioner Gort: I mean, we're all politicians. They can do the numbers. And I
think we, ourselves, will have relationship with the County where we can make our
phone calls and make sure that something takes place.
Chair Hardemon: And I think
Commissioner Reyes: Ms. City Attorney, can you collect --? If we have to go that
route and we win, can you collect attorney's fees?
Ms. Mendez: Attorney's fees? I do not believe that I could collect attorney's fees. I
will tell you that this would be a very quick lawsuit. It would probably be about
three weeks, just based on the time frame. So it's basically a due process argument,
because we weren't -- so -- not to throw all the litigation strategy out there -- but it
would be a really quick suit.
Mr. Diaz: Mr. Chairman, may I?
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Chair Hardemon: Before you move forward, I just want to get all the discussion up
here.
Mr. Diaz: I have an answer to that question.
Commissioner Carollo: If I could --
Chair Hardemon: Please.
Commissioner Carollo: -- make another statement. What -- I heard the chairman of
the Republican Party state that he would be willing to chip in. The truth is that there
is no reason for he or anyone else to be here today, because either the Republican
Party, Democratic Party, or any other people running in either party, or
Independent, have the right to file suit on the County. What he's looking for is for us
to pay the bill that he really doesn't want them to pay so they can spend it on
something else, and this is where I have the objection. So I'm in full agreement of
the resolution, with the exception that we take the part in Section 4 that talks about
"any and all remedies in law or equity, " which means in suing, because that's going
to cost us money that we shouldn't spend. If we don't do this, I guarantee you that
they're going to take action, because they have big coffers, both Republicans and
Democrats, through the House leadership committees. They don't even have to look
at the County parties. The House leadership committees for both parties have plenty
of money that they can sue, but if you have someone that will pay their bill, hey, why
do it?
Chair Hardemon: You know, I find it very interesting; we just came back from Dade
Days in Tallahassee, and our State legislators have been making it very routine to
tell the City of Miami and other cities and municipalities and counties throughout the
State that they know best how to govern our communities.
Vice Chair Russell: Pretty (UNINTELLIGIBLE).
Chair Hardemon: So they found themselves preempting us in a lot of things that you
would think are very local issues.
Commissioner Reyes: Got you, got you.
Chair Hardemon: So far, I mean, as much as there's one bill that they have that
directs cities that they will no longer be able to tell people -- well -- where they can
place a garden in their community. So the State of Florida says, "No. We think you
can put a garden wherever you'd like to put it"; whereas a municipality may say,
"Oh, no, no gardens. No" -- say -- "vegetables gardens in the front yard. You have
to do them in the backyard, "for whatever reason they may be. And so, the reason
that I bring that up is because -- you know, I think about so many issues that we have
that are vitally important to the State and to the country why, you know, the State
Government has always found it routine now -- especially now to tell us what we can
do in our communities. We know the Tree Ordinance was another one of those
major issues that affects a lot of cities that have beautiful tree canopies, where they -
- the State wants to tell us that, "Hey, we can't regulate how trees are going to be
utilized within our communities. " So, you know, it's baffling -- and when I think
what the -- what Commissioner Carollo is saying, it's baffling when -- on an issue
like this that affects a seat in their election, why they wouldn't be vocal, why they
wouldn't be out front, why they wouldn't expend the resources to ensure that people
aren't disenfranchised. Why is it that here we are in the City trying to bail out those
in the State? Now, I understand it affects our residents, because our residents vote
on a County, City, and on a State and national level. But why so much concern
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about issues that involve municipalities, issues that affect the people that live in these
communities every single day, such as short-term rentals within our communities,
but then you don't want to be concerned about a race that's supposedly is of concern
to the State party. So that's the part that I really struggle with with this, because I
understand. I mean, you're asking us to spend money to ensure that these votes are
franchised, but, you know, I expect the State to be spending all the money to ensure
that people are franchised. Because unfortunately, what I've seen as a
Commissioner in the district that I represent is that we, as a City commission, get the
blame for everything that happens within our communities when our State
representatives on either side at -- in the House or in the Senate, and our Federal
representative on either side -- in the House or in the Congress or the Senate -- they
do not bear the same blame that we do, because I know I get stopped in the grocery
store. I get stopped at the department store. I get stopped on the football field.
Commissioner Gort: Everywhere.
Chair Hardemon: I get stopped everywhere, everywhere --
Commissioner Reyes: Me, too.
Chair Hardemon: -- about issues that affect the people who live in the City of
Miami; not necessarily City of Miami issues, but people who live in the City of
Miami. And so, I mean, there has to be a time where we can hold them accountable
and say, "Hey, solve this issue. "
Commissioner Reyes: Okay. You know, you are -- you mentioned the word
"baffling. " You know, what is baffling, Mr. Chairman? Is that we allowed Dade
County to disenfranchise -- I don't know for what reason, because there is no rhyme
or reason for what they're doing. All the time that has been -- always when have
been an election, the Flagler Library has been a polling place. Every time. I don't
know what it is. I don't know whose decision is, but what is really baffling is that we
just look it from the -- I mean, look at them do -- or allow them to disenfranchise
people that have all the rights to go and vote for whoever they want, whoever they
want. This is not a partisan thing, you see. Whoever they want. Why we allowed the
County to disenfranchise our residents? And they are given the opportunity to other
areas to go and vote. They're facilitating going to the voting -- I mean, go and vote
to other areas of the City that they have less voters, less Hispanics, you see. And our
people -- my -- in Flagami, they cannot go. In West Miami, they don't have a place
that they can just go. That is what is really baffling, sir, you see, that we allow the
County to do whatever they want. Okay.
Commissioner Gort: Commissioner Reyes, my suggestion is amend the resolution --
Vice Chair Russell: Accepted.
Commissioner Gort: -- and you get five votes --
Vice Chair Russell: And you 'll get it --
Commissioner Gort: -- and we'll send a message --
Commissioner Reyes: (UNINTELLIGIBLE). Let me tell you this. You see, I would
not amend it; I will retire it, because there is -- if there is no teeth to it, it don't serve
any purpose, you see? You don't want it? I mean, you're not going to vote in favor
of it? I mean, I did my part. I wanted to represent my people. I wanted my people
to be able to go and vote, and instead of -- Commissioner Carollo says, "Oh, no, you
don't want to spend. " (UNINTELLIGIBLE). I don't know. Part of -- if we have to
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go to court, part of the cost, fantastic, fantastic. I would tell my voters in Flagami
why this was retired, and that's it. I'm retiring the -- Madam City Attorney, I'm
retiring the discussion item.
Chair Hardemon: You know, I fully --
Commissioner Reyes: Okay?
Chair Hardemon: --expect organizations, like the NAACP (National Association for
the Advancement of Colored People), organizations like the State parties, to fund
voter -- to sue in issues that he's speaking of, when you -- when there's supposedly
some sort of voter disenfranchisement. And certainly, he's correct that we shouldn't
stand for it, but there are bodies that do this every single day, and we know that
suing the County can be very cost -burdensome, and so --
Commissioner Carollo: Mr. Chairman?'
Chair Hardemon: Yes.
Commissioner Carollo: I -- with all respect to Commissioner Reyes -- that I have a
lot of respect for -- I think this resolution deserves to be passed and sent immediately
to the County and to the County Mayor. I will make a motion to approve this
resolution, as written, without Section 4, taking Section 4 out.
Vice Chair Russell: So not as written.
Todd B. Hannon (City Clerk): My apologies. Then, Chair, for the record, I have
Commissioner Carollo withdrawing his --
Commissioner Carollo: Yes.
Mr. Hannon: -- second to the original motion, and then is there -- so that at least we
can carry the process through, if Commissioner Carollo withdraws his second to
Commissioner Reyes' motion --
Commissioner Carollo: Well, I'll make it even easier. I'll make a substitute motion
so we don't have to go through two. Its a substitute motion.
Vice Chair Russell: He withdrew his, so --
Mr. Hannon: So, Commissioner Reyes, you're withdrawing your original motion?
Chair Hardemon: He with --
Commissioner Reyes: I'm not accepting any amendment to the --
Mr. Hannon: Understood.
Commissioner Reyes: -- that's it.
Mr. Hannon: So, Chair, as you know --
Chair Hardemon: Commissioner Reyes --
Mr. Hannon: -- then there's now a motion on the floor without a second. He does
have the opportunity to request another --from another member on the Commission
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to second his motion. If it does not get a second, then the motion will die, and then a
new motion could be introduced.
Chair Hardemon: Okay. So, basically, what was stated was that Commissioner
Carollo withdrew his second from the original motion that was on the floor.
Commissioner Carollo: correct.
Chair Hardemon: Is there a second to the motion that was made by Commissioner
Reyes? Seeing none, that motion dies for lack of second. Is there any other motion
that would like to --?
Commissioner Carollo: There's a motion on the same resolution, without Section 4.
Commissioner Gort: Second.
Vice Chair Russell: You would also have to remove the last two clauses, the --
"Further authorizing the City Attorney to pursue any and all remedies in the title. "
Commissioner Carollo: Exactly, yeah.
Chair Hardemon: Right.
Vice Chair Russell: Which would refer to Section 4.
Chair Hardemon: Okay. Is there a second?
Commissioner Gort: second
Chair Hardemon: Its been properly moved and seconded. Is there any further
discussion? Hearing none, all in favor of that motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes (UNINTELLIGIBLE).
Commissioner Gort: (UNINTELLIGIBLE) -- like of the make sure this resolution
goes out immediately the Mayor's Office --
Mr. Hannon: Yes, sir.
Commissioner Gort: -- and to the County Commissioners and to the West Miami,
that they should be doing the same thing.
Mr. Hannon: Yes, sir.
Commissioner Gort: Thank you.
Ms. Mendez: And we also then have to remove the section that talks about the three-
fourths with regard to the 164 process, since it's not necessary if you're just urging
the County with no legal action.
Chair Hardemon: Well, that's --
Vice Chair Russell: Makes sense.
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Chair Hardemon: -- whatever you have to do. All right, so -- All right, I guess we'll
be back at 2 o'clock for lunch -- after lunch.
Vice Chair Russell: Break.
Chair Hardemon: Meeting's in recess.
NA.3 RESOLUTION
_\:7=hYe]It§1:[]:to] a ::I=1LVA IFAIL
1[01:WAS161AIJI&M-00]:Kole] : Nil 1:7JI1:Its:a=
Office of the City APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN
Cierk INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Douglas Mayer Civilian Investigative Panel
Trenise Bryant Civilian Investigative Panel
ENACTMENT NUMBER: R-18-0057
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
Chair Hardemon: Oh, oh, one other thing I wanted to do on BCS. I spoke with the
Public Defender, and he would appreciate if Assistant Public Defenders were not
included onto the committee, which I think is a loss, but he is the Public Defender;
those are his employees, so I -- you know, he makes the rules as he deems necessary.
So with that being said, what I'd like to do is entertain a motion to pass the last two
individuals that applied to be on the CIP, which would include Mr. Doug Mayer for
District I and then Ms. Trenise Bryant for District 5. So is there a motion in
accordance with that?
Vice Chair Russell: I'll move it.
Chair Hardemon: It's been properly moved --
Commissioner Gort: Move it.
Chair Hardemon: -- and seconded that we approve BC. 5, as stated on the record.
Mr. Hannon: And sorry, Chair. Just for my own clarification, so then Doug Mayer
will be the District 1 appointee and Trenise Bryant will be the District S appointee?
Chair Hardemon: That is correct.
Mr. Hannon: Understood.
Chair Hardemon: All in favor, say "aye."
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The Commission (Collectively): Aye.
Chair Hardemon: All against? The motion carries.
NA.4 DISCUSSION ITEM
3681 DISCUSSION ITEM BY DISTRICT 4 COMMISSIONER REYES
Office of the City REGARDING THE FLORIDA BRIGHTLINE HIGH SPEED TRAIN
Cierk AND THEIR EFFORTS OF SAFETY EDUCATION OUTREACH
PROGRAM FOR COMMUNITY AWARENESS.
RESULT:
DISCUSSED
Chair Hardemon: So, at this point, we've come to the end of our agenda. We're
going up for a attorney-client session.
Vice Chair Russell: See you upstairs.
Todd B. Hannon (City Clerk): Yes. And the statement needs to be read into the
record before --
Victoria Mendez (City Attorney): Mr. Chairman?
Commissioner Reyes: No. We have -- Excuse me. I have another discussion item,
which is -- I'm going to be very, very brief. You see, as all of us that watch the news,
we are concerned with the Brightline, with the (UNINTELLIGIBLE) Train that go so
fast, and we're going to get that train coming into our City also. And I asked the
people from Brightline that they should start a Public Awareness Program; that this
train go faster than any other train; don't try to beat them. And I think that we -- as
a public service, we should ask the -- that the Communications Department that -- to
disperse some of the educational material that they going to use, trying to educate
the public that this train, it is very dangerous, and that would -- the only thing that
I'm asking is that we can, once in a while, on our TV (television) --you see, on our --
on our Citynet network, try to make people aware that when they see that train and
don't try to --
Chair Hardemon: Don't try to beat it.
Commissioner Reyes: -- beat it, because this train goes faster than any other train.
And if you want to run along them, you're going to lose, you see. That's the only
thing that I have to do with the Brightline. Use our facilities for educating of our
viewers -- or our residents.
Commissioner Carollo: Commissioner, there are some people that you could
educate to death; they don't care. They're not going to listen.
Commissioner Gort: They know more.
Commissioner Carollo: They're going to want to play fast and loose.
Chair Hardemon: Right.
Commissioner Reyes: Yeah.
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Commissioner Carollo: That's why we got to protect them from themselves, and the
only way that we could accomplish that, we're going to have to spend some bucks.
First of all, we're going to have to fence both sides of the railroad tracks for
whatever miles it runs into the City with chain link so that at least if they jump it, you
know, there's no doubt that, you know, what they were doing. And then, instead of
having the -- those flimsy gates that are wooden, we got to create something that is
heavy, that can close the whole --
Commissioner Reyes: Yes.
Commissioner Carollo: -- crossroads so people can'tgo through.
Commissioner Reyes: But meanwhile, only to have our conscience clean --
Commissioner Carollo: Oh, yeah, butyou're right.
Commissioner Reyes: -- we are -- we should be do something about this. I mean, at
least -- can say we tried to tell you. I mean, if you want to do it, it's your problem,
you know.
Commissioner Carollo: Yeah.
Commissioner Reyes: You're going to pay. But at least try to --
Commissioner Carollo: Oh, no, you're absolutely correct. I'm just saying we're
going to have to go above and beyond that.
Commissioner Reyes: Yes, I agree with you.
Commissioner Carollo: Because if not, were' going to have a lot of people dying
that, you know --
Chair Hardemon: Commissioner, I think, for one, they -- I'm no engineer, and I
don'tplay one on television, but he's one. He put speed humps in my alleyways, and
I'm not happy with that, so -- but that's a whole 'nother discussion. I'm sure that
those arms that come down, they're strong enough to let you know, "Hey, don't
come this way, " but they have to be probably weak enough where you can drive
through it if you get caught on the track, I would -- but -- or get out of your car and
get out of the way. But you bring up a great point about the fencing. Fencing and
beautification, I think, can go hand in hand and keep people from off the tracks --
Commissioner Reyes: (UNINTELLIGIBLE).
Chair Hardemon: -- because --
Commissioner Reyes: Where more people are hurt is at the crossing.
Chair Hardemon: At the crossing. I don't know if you knew this, but they have a --
Commissioner Reyes: Crossing in --
Chair Hardemon: -- railroad police.
Commissioner Reyes: Yes.
Chair Hardemon: They have police that police the --
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Commissioner Reyes: Yes, they do.
Chair Hardemon: --tracks.
Commissioner Reyes: And they should be policing it.
Chair Hardemon: And unfortunately, though, the only people who get arrested from
it are low-income people in our communities, and --
Commissioner Reyes: That's right.
Chair Hardemon: -- those cases get dismissed routinely, because no one prosecutes
them, but those are issues that we can talk about with the railroad; is that correct?
Commissioner Reyes: Yes.
Chair Hardemon: Or with Bright -- is it -- are we -- do we have to discuss it with
Brightline or do we have to discuss it with FEC (Florida East Coast)?
Nzeribe Ihekwaba (Chief of Operations): Good afternoon, all. Zerry Ihekwaba,
Assistant City Manager. We've been having monthly meetings with FECI (Florida
East Coast Industries) and, of course, All Aboard Florida -- it is now called
Brightline --for coordination of all their construction phases and permits. And on
Monday, February 12, the City Administration will commence discussions with
regards to outreach and public education.
Commissioner Reyes: That's great.
Mr. Ihekwaba: We've asked for representatives of FECI to be at the meeting, as well
as SFRTA (South Florida Regional Transportation Authority), which is for the Tri -
Rail. Both entities will be at the City on Monday. And today, I have a rep from
Brightline in case there are any questions you may want to pose to them. The City is
asking for implementation of a quiet zone at all the street -level crossings of these
high -- fast-moving trains, and on Monday, we'll see what they have. And we are
going to have Miami Police, as well as Miami Fire -Rescue, Communications, the
Homeless Assistance, Public Works, OCI, and Transportation. This is an expanded
citywide meeting on Monday. So after Monday, we'll have a clue as to what types of
outreach and to what entities it will entail; probably to schools, homeowner
associations, the Business Improvement District, in addition to DDA (Downtown
Development Authority). DDA will beat the meeting on Monday as well.
Commissioner Carollo: Are we invited, by any chance?
Mr. Ihekwaba: Pardon me?
Commissioner Carollo: Are we invited, by any chance? Because you --
Mr. Ihekwaba: I've been advised by counsel that that could potentially open up to
sunshine issues.
Chair Hardemon: Unless you advertise it.
Commissioner Carollo: Is that a public meeting?
Mr. Ihekwaba: We don't have enough time to publicize it as a public meeting. We
can do a follow-up meeting where Commissioners and staff could be invited, too.
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Commissioner Reyes: When you said that you're going to have a quiet -- I mean,
that there won't be able to make --
Chair Hardemon: Quiet zones.
Commissioner Reyes: -- blow their horns, and you're going to have quiet zones, but
that -- those -- that quiet zone is only for the crossings or it's for anything that they
can see and --? I mean, while they are traveling through the City, you see. Only for
crossings, because if -- between crossings, there is -- I mean, the conductor see
something that he wants to shoo away and he's going to use --
Mr. Ihekwaba: I would like the rep from Brightline to answer that question, sir.
Commissioner Reyes: Yeah.
Chair Hardemon: But I also want to have Commissioner Gort say something,
because he, like I, have gotten numerous comments from members of our community
that explain the importance of quiet zones so.
Commissioner Reyes: Yeah.
Commissioner Gort: But the problem is the quiet zone, if they exist, they still blow
the horn, even if they have a quiet zone.
Commissioner Reyes: Yeah.
Commissioner Gort: And then in my neighborhood, in Allapattah, 2 or 3 o'clock in
the morning, they go by blowing that horn, and it wakes up a lot of people. So that's
something that I'd really like to look into.
Commissioner Reyes: And how will we enforce it? That's it.
Commissioner Gort: Well, the problem is that there's about three different
jurisdiction. You got the State DOT (Department of Transportation), then you got
the Tri -Rail individual (UNINTELLIGIBLE), and then you have the different
(UNINTELLIGIBLE) --
Unidentified Speaker: CSX.
Commissioner Gort: --CSX. And let me tell you, dealing with those people, I got
some roads in my street, there's streets in my block, they're really -- the rails are
still there; there are holes all over those rails; people cannot go through it.
Commissioner Reyes: I have that same problem on 4th Street, you see. A person --
Commissioner Gort: Right.
Commissioner Reyes: -- in a wheelchair cannot go over there.
Chair Hardemon: So I'll recognize the rep from Brightline.
Michael Lefevre: Thank you. Good afternoon, Commissioners. My name is
Michael Lefevre from Brightline. We share your belief that safety should be atop
priority, and it certainly already is ours. In fact, for more than a year, we've been
talking about rail safety in advance of the launch of our train service, understanding
that it will inherently change the profile of the rail corridor in Miami. Safety around
the railroads is not just a Brightline issue; we believe it's a railroad issue at large.
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In South Florida, we're partnering with SFRTA just for that reason. As Zerry
mentioned, there's a meeting on Monday, and both Brightline and SFRTA will be
participating in that. Since Brightline was announced, we've been working with the
City staff on the design and construction of the at -grade crossings. People say that
one of the best things you can do is bring the trifecta together of engineering,
education, and enforcement. I think I've pretty much heard each of those words
referenced so far today. So that speaks to the engineering part of it. From the
education component of that, we've been reaching out to all the stakeholders along
rail the corridor to educate them on the new train service, including working with
the School District and the Police Department. We have a really robust partnership
with Operation Life Saver, which is a national non-profit, focused on rail safety. I
can say, I personally have given presentations to more than 400 school bus drivers
in Palm Beach County. We intend to make that same outreach to Miami -Dade
County as well. I would say, there's probably not a week that goes by when there
isn't a Brightline teammate out in the community, either giving a presentation or
educating a group of drivers or soon-to-be drivers or were attending local fairs;
again, trying to spread the message of education. I brought some examples of the
material that we distribute. We have a whole variety of it in three different
languages; English, Spanish, and Creole. We would welcome the opportunity to use
some of the City's resources to communicate that message more broadly, absolutely,
but we're out there doing it today as well. Any questions?
Commissioner Reyes: Nope.
Vice Chair Russell: Thank you very much.
Mr. Lefevre: Thank you so much.
Vice Chair Russell: Any further discussion?
Commissioner Reyes: That's it.
Vice Chair Russell: All right. Thank you very much, everyone.
NA.5
RESOLUTION
3683
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING
MOVER:
THE CITY OF MIAMI POLICE DEPARTMENT AND FIRE -RESCUE
Office of the City
DEPARTMENT COSTS REQUIRED PURSUANT TO SECTION 19-9
Cierk
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
ABSENT:
("CITY CODE"), ENTITLED "SPECIAL OFF-DUTY FIRE -RESCUE
SERVICES", AND SECTION 54-6.3(C)(18) OF THE CITY CODE,
ENTITLED "CRITERIA FOR ISSUANCE OF SPECIAL EVENTS
PERMIT", FOR THE MIAMI MARTIN LUTHER KING, JR., DAY
PARADE ("PARADE") TO BE HELD ON FEBRUARY 19, 2018.
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Joe Carollo, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon Carollo, Reyes
ABSENT:
Gort, Russell
Chair Hardemon: Hold on one second. I want to -- I have a question. We had an
item that was on the agenda previously. It was in relation to the 50th
Commemoration of the Dr. King Assassination, where we gave a directive to the --
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well, the Administration agreed that they would pay up to $48,000 for in-kind
services, but there's been some limitations as to what the in-kind services could be.
So, for instance, the -- if you needed porta potties. Well, if the City had porta-
potties, we can -- we could provide porta potties as in-kind service. However, if
there were any extra porta potties that were needed, then that would be an
allocation -- that would be an expenditure, and therefore the City couldn't assist with
that kind of thing. So what I wanted to do was allow it to be in-kind services or an
expenditure or -- you know, to go about with some routine expenditure, if needed to
be. So I wanted to kind of get that clarification on the record. Is it possible that I
could do that during this meeting; few Commissioners here?
Victoria Mendez (City Attorney): Yes, as long as I could get the Administration to
come down for a moment.
Chair Hardemon: Yeah, the meeting isn't over. Did you hear what said? Because
I was talking, looking at her. So, basically, the 50th Anniversary for the Martin
Luther King Assassination is being had at Range Park, right? Its going to be a
huge thing. We look forward to being really something that's been recognized all
over the nation, because we're probably the only city that actually does a
commemoration like we do of his assassination. And so, there's been -- the group
that's been meeting me is probably -- I don't know -- a good 30 people that are from
-- representing different organizations that are trying to make this thing happen.
And some of the hiccups that's been going on there, for instance, we agreed that the
City was going to have in-kind services for up to $48,000. Well -- so in the
conversation about, for instance, advertising, the City of Miami can produce
banners, like the banners that go on the polls. Well, the City does the design, but it
turns out that they go outside to do the actual printing of them. So we're having like
little issues like that. And we talked about, for instance, if there's a porta potty
issue. If the City had porta potties, then they can give up to 10, if that's what they
own. But then if there were five more that were needed, that would be an
expenditure that needs to be -- or there need to be an additional allocation that
needs to be made. So what we were trying to do was instead of it just being in-kind
services, let that $48, 000 be in-kind or an expenditure.
Unidentified Speaker: (INAUDIBLE).
Chair Hardemon: Correct. That's basically what would -- I want to add an
"and/or. "
Commissioner Carollo: I think what we need to do is direct the Administration --
Commissioner Reyes: That's right.
Commissioner Carollo: -- to see (UNINTELLIGIBLE).
ChairHardemon: Right. And ifyou can find it, then the expenditure's okay.
Commissioner Carollo: (UNINTELLIGIBLE).
Chair Hardemon: I'm sure. So you think I can have a --?
Commissioner Reyes: A motion --
Commissioner Carollo: (UNINTELLIGIBLE).
Commissioner Reyes: -- a resolution.
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Chair Hardemon: Right. So I just need a motion that we allow --
Commissioner Carollo: This only comes once every 50 years; I think it's very
appropriate.
Chair Hardemon: Well, thank you veru much. So --
Commissioner Carollo: Okay. I'll make a resolution that we instruct the
Administration to find as much of what it can in-kind, but that the $48, 000 would be
either/or in-kind or direct service that we pay for, up to 48, 000.
Chair Hardemon: Right.
Commissioner Reyes: (UNINTELLIGIBLE), and I second the motion.
Chair Hardemon: So it's been properly moved and seconded. And --
Victoria Mendez (City Attorney): Chairman --
Chair Hardemon: Yes.
Ms. Mendez: -- ifyou'll remind me, was -- this item was an item pre -- in a previous
agenda?
Chair Hardemon: Yes.
Ms. Mendez: Because --
Chair Hardemon: It came up before this board; we discussed it on the dais, so I'm
sure it is an item that I passed out. I can't tell you exactly -- exactly --
Ms. Mendez: It's an amount that already --? Okay.
Chair Hardemon: Yes.
Ms. Mendez: So this wouldn't be the first time --
Chair Hardemon: No.
Ms. Mendez: -- it has a fiscal implication?
Chair Hardemon: No.
Ms. Mendez: It's been brought up in the past.
Chair Hardemon: Right.
Ms. Mendez: Okay. So then follow up on all those items with regard to --
Commissioner Reyes: Yes, sir.
Fernando Casamayor (Chief Financial Officer/Assistant City Manager): Can you
specify the event name or the organization, as well, in the resolution?
Chair Hardemon: Oh, it's -- no, it's the Commemoration of the 50th Anniversary of
the Martin Luther King Assassination. The --and if there's anyone from the public
that'd like to say something about this motion, I will allow it to be heard.
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Commissioner Carollo: Mr. Prieguez --
Chair Hardemon: Seeing none, I'll close the --
Commissioner Carollo: -- wants to volunteer that he'll come and cover 10,000 of
that.
Chair Hardemon: He's such a -- you know, you -- I always knew I liked you.
They've been looking for corporate sponsors, so I mean, you're an awesome guy for
that. That's a great way to give back, I could tell you that.
Manuel Prieguez: You know what? I will donate some money to that
(UNINTELLIGIBLE).
Chair Hardemon: Thank you very much. Do you know how much
(UNINTELLIGIBLE)?
Mr. Prieguez: I don't know if I'm going to do the amount that Commissioner
Carollo's recommending, but being that he mentioned me, I will go ahead and do a
little bit of something for that. I promise.
Chair Hardemon: Well, thank you very much.
Commissioner Carollo: How much is that?
Mr. Prieguez: Well, I got to --
Commissioner Carollo: Personal or your own corporation, not clients.
Commissioner Reyes: Could be both.
Chair Hardemon: So we --
Mr. Prieguez: I will donate a little bit to help out the cause.
Chair Hardemon: Thank you very much.
Mr. Prieguez: I won't be really little, but --you know --
Commissioner Carollo: He said --
Mr. Prieguez: It'll be nice.
Commissioner Carollo: -- (UNINTELLIGIBLE) one of his buddies, the chairman of
the -- that other party.
Chair Hardemon: All right. So it's been properly moved and seconded. Any further
discussion? Hearing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: That motion carries. And did you finish with your --? All right,
so we're good to go. Congratulations, guys.
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ADJOURNMENT
The meeting adjourned at 4:03 p.m.
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