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HomeMy WebLinkAboutCC 2018-04-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com ON O r l z ilk �* Ir,C0RP 6RATFR I 96 L R ` �l Meeting Minutes Thursday, April 12, 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 April 12, 2018 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Suarez. On the 12th day ofApril, 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 9:02 a.m., recessed at 12:09 p.m., reconvened at 3:12 p.m., recessed at 5:14 p.m., reconvened at 5:26 p.m., recessed at 6:38 p.m., reconvened at 7:49 p.m., and adjourned at 8: 04 p.m. Note for the Record. Commissioner Reyes entered the Commission chambers at 9:10 a.m., Vice Chair Russell entered the Commission chambers at 9:15 am., and Commissioner Carollo entered the Commission chambers at 11:05 am. ALSO PRESENT. Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the April 12, 2018 meeting of the City of Miami City Commission in these historic chambers. The members of the Miami City Commission are Wifredo Gort, Joe Carollo, Manolo Reyes; Ken Russell, the Tice Chair; and me, Keon Hardemon, the Chairman. Also on the dais are Emilio T. Gonzalez, our City Manager; Victoria Mendez, our City Attorney; and Todd Hannon, our City Clerk. The meeting will be opened with a prayer, led by Commissioner Gort, and I will lead in the pledge of allegiance. All rise. Invocation and pledge of allegiance delivered. Chair Hardemon: Thank you very much. PART A - NON -PLANNING AND ZONING ITEM(S) IaMa:7*1;10kfill I[a]0I-T_10I1la:Z9Z81w_1Ji Fill I[a]06"] PRA PROTOCOL ITEM 3947 Honoree Presenter Protocol Item Miami Fire -Rescue Communications/Public Safety Telecommunications Day Mayor Suarez Proclamation Miami Police Department Communications/Public Safety Communications Day Mayor Suarez Proclamation "Miami Is Kind" Mayor Suarez Proclamation Frank Gore Mayor Suarez Proclamation RESULT: PRESENTED City ofMiami Page I Printed on 0512512018 City Commission Meeting Minutes April 12, 2018 1) Mayor Suarez Suarez and City Commissioners recognized and honored the City of Miami Fire -Rescue Alarm Office for their dedication and praised their work as unsung heroes on the other end of the 911 phone line. The United States Congress introduced what became H.J. Res. 274 to create "National Public Safety Telecommunicators' VVeeK' , to reflect on the important role of the Public Safety Tel ecommuni cators as the fi rst " First Responder" . Elected Officials paused in their deliberations of governance to pay tribute and celebrate the essential contributions of the Miami Fire -Rescue Communications Division Alarm Office to the safety of our community, therefore, proclaiming the April 12, 2018, as "Public Safety Telecommunicators' Day" intheCityofMiami. 2) Mayor Suarez and City Commissioners recognized and honored the City of Miami Police Department's Communications Unit for their dedication and praised their work as unsung heroes on the other end of the 911 phone line. The United States Congress introduced what became H.J. Res. 274 to create " National Public Safety Telecommunicators' Week' , to reflect on the important role of the Public Safety Tel ecommuni cators as the fi rst " First Responder" . Elected Officials paused in their deliberations of governance to pay tribute and celebrate the essential contributions of the Miami Police Department's Communications Unit to the safety of our community, therefore, proclaiming the April 12, 2018, as "Public Safety Tel ecommunicators' Day" inthe City ofMiami. 3) Mayor Suarez and City Commissioners recognized and honored Ms. Silvia Planas- Prats of Miami Is Kind. Miami Is Kind is a program and specialty bakery that employs adults who have autism and other special needs. Being that April is Autism Awareness Month it's fitting to commend Ms. Planas-Prats and the Miami Is Kind Program, who inspired by her own son with special needs, committed herself to becoming an agent of change by providing employment for individuals with autism, who through hard work and opportunity, would be given the chance to excel in a structured business environment. Under her inspiring leadership, Ms. Plana-Prats, through love and compassion, provides an enjoyable atmosphere where her employees can thrive and unleash their potential. The Elected leadership of the City of Miami paused in their deliberations of governance in order to honor and express their sincere gratitude to Silvia Planas-Prats ofMiami Is Kind, for being a beacon of hope, support, and opportunityfor individuals with special needs in our community. 4) Mayor Suarez and City Commissioners honored Mr. Frank Gore with a Proclamation and a Key to the City of Miami. Mr. Frank Gore has established himself as a legendary figure, star, and hometown hero in the community, both on and off the football field. Mr. Gore's skills lead to him taking his talents just a few miles away from home, to the University of Miami, where he earned a scholarship, and quickly became one of the most talented, accomplished, and beloved Hurricanes in history. While at the University of Miami, Mr. Gore was named Big East Freshman of the Year and served as a vital part of the 2001 University of Miami Hurricanes national championship team. His 5.68 yards per carry average is the sixth -highest in school history, and one of the many milestones that lead to him being inducted into the University of Miami Sports Hall of Fame Class of 2018 and as an NFL player. Mr. Gore was part of the San Francisco 49ers team that represented the NFC in Super Bowl XL 171, before moving on to play for the Indianapolis Colts for three seasons. Mr. Gore is a five -time pro bowler, NFC champion, and the fifth leading rusher of all time with 14,026 yards. Mr. Gore's contributions are far from limited to just football. He continues to serve as a pillar of support for City ofMiami youth, hosting his annual Frank Gore Toy Drive in Coconut Grove. Elected Officials paused in the deliberations of governance to pay tribute to celebrate the many contributions of Frank Gore not only in the world of sports and community activism but also for all his various professional accomplishments as an iconic member of our community and wished him a warm welcome back home as Mr. Gore is now a member of the Miami Dolphins Football Team and thereby proclaiming April 12, 2018, as " Frank Gore Day" in the City ofMiami. 5) Chair Hardemon: We will now begin our proclamations and presentations. Proclamations and presentations made. City ofMiami Page 2 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Regular Meeting - Feb 8, 2018 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon. Russell. Gort, Rei ABSENT: Carollo Chair Hardemon: Is there a motion to approve the regular meeting minutes of February 8, 2018? Lice Chair Russell: IZl move it. Chair Hardemon: Been properly moved; seconded by the Chair. All in favor of it, say "aye. if The Commission (Collectively): Aye. Chair Hardemon: That motion carries. Ji DaLhFTY091 ZUILTl Nk&]*] (Pursuant to Section 4(g)(5) of the Charter ofMiami, Florida, Item(s) vetoed by the Mayor shall be placed by the City Clerk as the first substantive items) for City Commission consideration.) ORDER OF THE DAY NO MAYORAL VETOES Chair Hardemon: Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Hardemon: Thankyou very much. END OF MAYORAL VETOES Chair Hardemon: We will now begin the regular scheduled City Commission meeting. The -- our Assistant City Attorney will state the meeting -- the -- well, I'm sorry. Our Assistant City Attorney will state the procedures to be followed during this meeting. Barnaby Min (Deputy 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 Oce or online at municode. com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the City ofMiami Page 3 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 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 municode.com. The material for each item on the agenda today is available during business hours at the City Clerk's Office and online 24 hours a day at miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. 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 Oce 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 Oce of Communications or viewed online at miamigov.com. No cell phones or other noise -making devices are permitted in the Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in the Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are being either withdrawn, deferred, or substituted. Thank you, Mr. Chairman. ChairHardemon: Thankyou very much. Sir? Nzerie Ihekwaba (Chief of Operations/Assistant City Manager): Yeah. Good morning, Mr. Chair, Tice Chair, and Commissioners. At this time, the Administration would like to withdraw the following items: CA.1 will be withdrawn. ChairHardemon: Withdrawn? Mr. Ihekwaba: Yes. CommissionerGort: CA.1? Mr.Ihekwaba: CA.1. ChairHardemon: Okay. Mr. Ihekwaba: RE.2 will be withdrawn. ChairHardemon: RE.2? Mr.Ihekwaba: Yes. ChairHardemon: Withdrawn? Mr. Ihekwaba: Yes. That's it, that's it. ChairHardemon: That's it? City ofMiami Page 4 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Mr.Ihekwaba: Yes. Chair Hardemon: Are there any other items that the City Commission would like to continue, defer, or withdraw? i Ice Chair Russell: Yes, Mr. Chairman. Chair Hardemon: You're recognized, Mr. I ice Chairman. i ice Chair Russell: Good morning. FR.2, the parking fee waiver calculation, I would like to continue that to the next meeting, please -- Commissioner Gort: Is that the booting? Vice Chair Russell: -- the next like meeting. That's -- no, that's the parking waiver calculation for -- Commissioner Gort: Oh, okay. L ice Chair Russell: --the BID (Business Improvement District). Commissioner Gort: Okay. Mr. Ihekwaba: SR.2 [sic]. ['ice Chair Russell: Yeah -- FR.2. Chair Hardemon: FR.2, FR.2. Okay. Lice Chair Russell: And PH3 is the lease on the sailing center. And I would like to apologize, because I do see very, very many advocates for this issue here that must have taken significant time out of their day to come speak on this issue, but there's a couple issues that concern here, and one having to do with whether or not this should be a 4/5ths vote. I feel that perhaps we're being conservative in the sense of covering our bases with our Charter, and making sure we get for 4/5ths, but that also raises the bar of what's needed to pass it. And then, I do understand that, you know, I -- that perhaps all Commissioners have not had a chance yet to study the lease and the property, and I really want consensus here on such an important issue, such a great group and asset for the community. I don't want it to have any chance to fail, and that's why I believe it should wait until the next meeting, so that's PH. 3. Commissioner Gort: I don't see any problem. Mr. Min: Sorry. Is that April 26, or would that be May 10? Lice Chair Russell: If we've got four votes here today -- and that's the thing about the sunshine law, is we never know; and so, I've spoken with the client -- with the applicant, and it seems that it may be the smartest move to defer the item. I put that out there, but we can discuss it. Commissioner Gort: May I give you a suggestion? Why don't you bring it up and -- Commissioner Reyes: I don't have any problem with it. lice Chair Russell: All right. We'll -- I'll withdraw that request for deferral, and we'll see if we can hear that item -- City ofMiami Page 5 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Gort: Okay. b ice Chair Russell: -- and we'll play it by ear. Thank you for mentioning that. So in that case, just FR. 2. Mr. Min: Mr. Chairman? Chair Hardemon: Yes. Mr. Min: The City Attorney's Office would request that SR.4 be indefinitely deferred. We have already confirmed that with the sponsor, Commissioner Carollo. Todd B. Hannon (City Clerk): And my apologies, Chair. I just want to make sure that I'm clear. FR.2 is to be continued to May 10; is that correct, sir? Chair Hardemon: To the next like meeting, right? Well, he said, "continued," so to the --it'll be the next meeting. What date was it that you --for FR.2? Lice Chair Russell: Yeah, the next -- Commissioner Gort: (UNINTELLIGIBLE). Vice Chair Russell: -- meeting's fine; two weeks is fine. Mr. Hannon: Okay. So then we're going to defer the item? bice Chair Russell: Yes. I apologize. Mr. Hannon: Understood. bice Chair Russell: We'll defer the item. Chair Hardemon: Is there any other item? Seeing none, is there a motion in accordance? Commissioner Gort: Move it. Chair Hardemon: Its been properly moved -- bice Chair Russell: Second. Chair Hardemon: -- and seconded. Any further questions? Seeing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. ChairHardemon: Motionpasses. City ofMiami Page 6 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Chair Hardemon: Okay. What I'll do now is open up the record for public comment. If you're here to speak on any item besides the items that have been deferred or continued -- and let me -- okay. If you're here to speak on any item that's on the agenda, for the morning agenda, please approach any of the two lecterns. State your first name, your last name; you may state your address, but you must state what item it is that you're going to speak about. So once again, I'll open up the --for public comment. If you're here, you have two minutes to speak on any of the items that are on the agenda. State your first name, your last name, you may state your address, and then state the item that you're speaking about. And the lady of the -- Grace Solares: Good morning, Mr. Chair. Chair Hardemon: --Grace Solares. Ms. Solares: Good morning, Commissioners. I just want to make certain that -- what I heard. CA.1 is withdrawn? And the meaning of that, is that matter coming back, or it's withdrawn, taken off for good? Barnaby Min (Deputy City Attorney): "Withdrawn" means it's no longer on the agenda. Ms. Solares: No longer in consideration. Thankyou so much. Chair Hardemon: You're welcome very much. Maggie Fernandez: Good morning. Maggie Fernandez, 3620 Southwest 21st Street, Miami, Florida 33145. So I'm here to speak in favor of BC. 13. I would like to thank Commissioner Carollo for nominating Sonia Succar for -- Rodriguez -- to serve on the Miami Forever Bond Program Oversight Board. It's a great choice. She's definitely qualified, and I think she would be an asset to the City and this board. Insofar as the board, there's been a lot of interest in serving in the board, and the Miami Climate Alliance has fielded some of those calls, so I would encourage you to meet with those who reach out to you, just to meet with you to talk about their skill sets and their interest in serving in the board. And also, generally speaking, in -- on boards and committees, I request that the Mayor, Commissioners, and Manager be a little bit more mindful to make sure that there -- that those boards are diverse and inclusive; and the same thing for the City Administration. Let's make sure that the City Administration is diverse and inclusive. And finally, in honor of Equal Pay Day this past week, I would -- it would be great if the City Administration could actually do some sort of study to make sure that women in the City Administration are getting equal pay to their male counterparts. Thankyou. I ice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized i ice Chair Russell: Mr. Manager, we commissioned a study last year, if I'm not mistaken. Can you give a status on that with regard to equality in hiring and pay of City employees? Nzeribe Ihekwaba (Chief of Operations/Assistant City Manager): Yes. And I believe the HR (Human Resources) Department had distributed comments on their report on that. Vice Chair Russell: The report is finalized? Mr. Ihekwaba: I think it was sent to the Commissioners a while back City ofMiami Page 7 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Vice Chair Russell: Thank you. We'll get to -- Mr. Ihekwaba: I'm verifying from HR is there's any supplemental report to provide. ['ice Chair Russell: Thank you. Ms. Fernandez: Thank you. Good luck today. James Liebel: Good morning. James Liebel, 3051 Southwest 27th Avenue, Miami, Florida. I'm here today to speak in support of Item PH.3, which is the US Sailing Center lease, and I would ask for your support in executing or approving that lease. The main reason I ask for your support is really the public access component of that. The sailing center has built a really unique facility and operates a very unique facility that gives us a doorway to access to the bay for anybody that is doing a muscle powered sport; whether it's sailing a small sailboat without a motor; whether it's kayaks; whether it's paddleboards; whether it's sailboards. The sailing center has created the infrastructure and maintains the infrastructure for safe access to the bay for anybody in the City of Miami. When I say, "anybody, " I mean some of the world class, most physically fit athletes you've ever seen to regular Joes that could lose a couple of pounds; I mean from sailors that come from around the world to use the facility to regular citizens of Miami, like me, that just want access to the bay for our small boats; rich, poor. This is not a facility designed for millionaires. It's a facility designed for anybody in the City of Miami, from the sailors, the paddle - boarders; I see the yoga people there; I see the people with the dogs. This facility has a history of open public access in their previous lease, it's contained in the new lease, but they've already demonstrated the public access that they give and will maintain. In my humble opinion, Section 29-D of the Charter was specifically created for -- to nonprofit water -dependent organization that maintains public access for everybody. So, please, I ask for support. Thank you for your time. ChairHardemon: Thankyou very much. Ma'am, you're recognized. Cameron Basden: (UNINTELLIGIBLE). ChairHardemon: Yes. Ms. Basden: Good morning. This presentation is from the City of Miami Arts and Entertainment Council. My name is Cameron Basden, a Coconut Grove resident, residing at 2335 Trapp Avenue; a two-year board member of the Arts and Entertainment Council, appointed by former Commissioner and now Mayor Suarez. And I'm honored to be presenting the annual report on behalf of our Chair, Michael Margolies. With me today is Board Member Mercedes Lopez -Cisneros, who also serves as our treasurer. The members of the Arts and Entertainment Council are a dynamic, high-energy volunteer group, each appointed by a Commissioner or the Mayor. We are charged with positioning Miami as a leading international center for art, culture, and entertainment. As appointed, we take our responsibility to fulfill the MAEC (Miami Arts and Entertainment Council) mission very seriously. While there are numerous arts organizations in the City of Miami, the Miami Arts and Entertainment Council is the only encompassing organization carrying the weight, support, and encouragementfrom the City ofMiami, and the only one whose actions directly impact the visibility and profile of the City of Miami in arts and education. Our current nine members represent a cross-section of the visual and performing arts, education, PR (public relations), and the entertainment industries in Miami. 2017 was one of our most productive years yet. Board attendance has been consistent. Meetings with Commissioners and the Mayor have been ongoing. And thanks to you, funding has enabled the Council to provide support and encouragement to both arts and educational institutions. Our sixth annual art competition, "Paint Me Miami," recruiting artists to exhibit their work and be City ofMiami Page 8 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 recognized, held this year at the Little Haiti Cultural Center, was the largest attended ever. The event has generated over $1.5 million in earned media coverage for the City and AIAEC. This year's event included music, and we hope to expand on that to include dance and photography. It's our one yearly event, very high profile, and very well attended. We made donations to the Little Haiti Cultural Center and three identified not-for-profit arts organizations: The new dance company, Dimensions Dance Theater of Miami; Life is Art, an organization connecting artists to businesses to leverage their work; and Unity Coalition, advancing equality and fairness for the Latin, Hispanic, and LGBTQ (Lesbian, Gay, Bisexual, Transgender, Questioning) communities through education awareness and leadership. We advocated for 2.5 percent of funding from Art in Public Places through meetings and presentations, and through the former Mayor, Commissioners Gort and Hardemon, we were allocated funding for scholarships in arts education. We connected with and had monthly presentations from community arts organizations seeking funding and/or resources, asking questions such as, "Who could they reach out to? Where is available space?" et cetera. Basically, half of the Arts Council and the City benefit and support them. And we delivered ongoing maintenance to our Facebook page, social media accounts, and the City of Miami website, in conjunction with City IT (Information Technology) personnel. It was a very ambitious and productive year for us. And looking ahead, we just completed a strategic planning session, forming subcommittees to better organize and streamline the use of our time and valuable resources. So with your endorsement, support, and funding, we look forward to continuing to realize our mission for the City of Miami. And I thank you very much. And any questions? Commissioner Gort: (UNINTELLIGIBLE). Chair Hardemon: Thankyou very much -- Commissioner Gort: -CommissionerGort: Thankyou. Chair Hardemon: --for your time and for your service. Ms. Basden: Thankyou. Albert Gomez: Morning. Chair Hardemon: Good morning. Mr. Gomez: Albert Gomez, resident, 3566 Lista Court. I wanted to talk on several issues. One, on the skate park funding, thank you for that. We need to build an ecosystem for these kids; if not, they're going to just be hitting the street, like I used to, and giving them place and giving them validity is important. I think the work you're doing on the booting in the Grove is important. I know so many people that I've had to kind of help, because they're freaking out; they didn't know what to do. Getting a handle of that and making it a little tougher for them to boot, I think is the right thing. I -- Everything that I came here to say today is positive. I'm really excited about that. There was only positive things happening. The donation of the beds to Camillus House, it's just an amazing thing. I've been volunteering in Camillus House since I was in high school, and it's been really an amazing organization. We need more of that. Any way we can create bridges to institutions down here, it's something that we should do more of. I think that the -- creating a collaboration with the Olympia Theater and MDC (Miami Dade College) is super important. We should do more of that with our educational institutions. There's a lot of (UNINTELLIGIBLE) assets just sitting there that we could revitalize and animate with programming if we just gave a little more look into our educational institutions and giving them license. And just to support on RE. 13 [sic], Sonia Succar Fernandez, just back her for the Community Oversight Board. We need inclusion on that board. And thank you for all you're doing. City ofMiami Page 9 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Terrell Fritz: Good morning. For the record, my name is Terrell Fritz, resident of the National Register Downtown Miami Historic District at 111 East Flagler Street, and administrator for the Facebook Page, CBD Historic Downtown Miami. I'm here to speak regarding RE. 7, the Olympia Theater; and specifically, the clause that says the City would support a capital investment in the physical structure of the theater, and bring it up to acceptable standards. Here we go again; not one word about preservation. In 1926, renowned architect John Eberson designed the Olympia Theater and Oce Building, and the entire building is an architectural treasure, and one of the few in the nation of Eberson's buildings still standing. In 1983, the City designated the entire building as historic and protected. And then, in 1984, the entire building was put on the National Register of Historic Places. Yet, since the 1980s, the City has engaged in what preservationists call "demolition by neglect"; not of the interior of the theater, which has been fully restored, but of the exterior historic fagade. Again, here's a resolution with no goal for preservation. The Olympia just needs a facelift, according to U.S. (United States) Department of Interior standards that govern historic preservation throughout the nation and here in the State of Florida, which just awarded a grant for restoration and repair of the historic fagade. If your goal is to create affordable or student housing, perhaps you might look just two blocks to the north; that's the City's Garage Number 3. That facility and the vacant lot next to it could allow for the development of a very significant commitment to affordable student and teacher housing. As you consider this item today, please make a commitment to historic preservation of the Olympia Theater and Oce Building. Thank you. ChairHardemon: Thankyou very much. Magnus Liljedahl: My name is Magnus Liljedahl. I'm here to talk about the US Sailing Center lease. I have a -- I reside on 2539 South Bayshore Drive and have been there for quite a while. I'm going to read my notes here, because this is very near and dear to me; I don't want to miss anything. This is basically my plea to save our sport of sailing in Miami. Without the sailing center, we got not much. You -- it's the only place we have. I came to Miami as a 23 -year-old on a -- my honeymoon and some winter sailing. That was 41 years ago. I'm living in the City of Miami. And Miami is the warmest metropolitan sailing venue in our continent. It attracts sailor from all around the world, who come here for winter training and racing, just like I did. I would not have won my gold medal in Sydney 2000 had it not been for training here. I think that the biggest point of it all is really that US Sailing was huge for me, because it doesn't require an expensive membership, like joining one of the nearby yacht clubs. This is a place where you can come in and you can conduct your sport for a very, very attractive, low fee. To make the most impact as a role model, I founded Team Paradise in 2005. Team Paradise is now an accredited sailing school, benefiting disabled veterans -- and some are here today -- and other people with disabilities. Sailing is what we do. We're expert sailors in our program. We moved to USSC (US Sailing Center) three years ago, and we're -- that we are tenants in good standing. We're not able to operate 12 months out of the year. The Orange Bowl Regatta, the Miami World Cup and other regattas take over, and we -- as we're being sidelined, but we're happy to do so. We are very pleased to have a partnership with the Florida Panthers and the Miami TA (b eterans Administration) Hospital, providing sailing for our disabled veterans. We also have an agreement with Miami -Dade County in Parks and Rec. We're also committed to the Miami Parks and Rec by taking kids out sailing in the after-school program. We all volunteer to make this happen. There is no payment at the end of the day. We worked hard preparing for Hurricane Irma. All of our six boats, vessels were moved to an indoor storage facility, and escaped without a scratch. The aftermath, however, was more strenuous. We worked hand in hand, digging out the place. And as we all know, hard work pays off. This year, so far, we've taken over a hundred disabled veterans out sailing. That is one disabled veteran per day so far this year, 2018. This number is projected to grow by the invitation of more than 500 disabled City ofMiami Page 10 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 veteran that Miami TA will bring us beginning next week, and we've very stoked and proud of these numbers. We do some serious good out there in community, and without the sailing center, I don't know; I mean, that's not going to happen. So I just want to thank you for this opportunity again to speak, and please have mercy on us. ChairHardemon: Thankyou. Mr. Liljedahl: Thankyou. ChairHardemon: Thankyou very much, sir. David Hughes: Hello. My name is David Hughes. I live at 3250 Day Avenue, here in the Grove. I'm here to speak on PFL3, regarding the US Sailing Center. Quite simply, I am an Olympian. I live here in the Grove. I've lived in Miami on and off for about 15 years. I moved here fulltime four years ago. The US Sailing Center is - - you know, it's got me choked up. It's a huge part of my life. I've competed in the Olympic Games, and actively am training for the 2020 Olympics in Tokyo. And the US Sailing Center is my home base. And ask anyone at the facility, ask my friends, if I'm not traveling abroad or competing elsewhere, I'm basically living out of the US Sailing Center, working there all the time, training hard, working my boats, and getting on the water as much as possible. Olympic sailors, as Magnus indicated, are not rich. Their lives are -- and my life included -- largely a grassroots effort to get the job done. The sailing center is grassroots. It's -- it is where the rubber hits the road. The facility has been the life blood of Olympic sailing in the United States for decades. It is responsible for dozens upon dozens of Olympic medals, Olympic Games after Olympic Games. It attracts not only U.S. athletes, but athletes from all over the world. Biscayne Bay is known as one of the best places on the planet to sail, and the center is how the world Olympians access that bay. On any given day, this place is packed with Olympians and world champions. It is truly a place of pride for Miami. And more importantly, it's an inspiration to our City's youth. And what city would not want a place where Olympians and the public are together and can participate in a great sport? Present here today are a number of my friends, including Malcolm Paige, who is chief of Olympic Sailing. He is a two-time Olympic champion, and these are his gold medals here. They're not fake, trust me. Chair Hardemon: They said they was wrapped -- they said they was chocolate wrapped in gold wrapper. I've seen it before, so. Mr. Hughes: This is some heavy chocolate; specifically the London one. I actually was there in London, watching Malcolm win this medal, and it was an accomplishment. It was a feat, of course, just like any other Olympic medal. But if the US Sail -- I'll make this real quick here. If the US Sailing Center goes away in any fashion, I guarantee you that you will damage this nation's medal count at the Olympic Games; let alone the medals won by Miami residents, such as myself. It is that simple. Thank you for your time. ChairHardemon: Thankyou very much, sir. Patrick Rynne: Hello. My name is Patrick Rynne. I live at 2600 Southwest 26th Street. I wanted to speak briefly in support of the US Sailing Center, as well; provide a little bit of a different perspective. Back in 2005, I graduated from Brown University with a degree in engineering, and my plan was to live in New England; that's where I grew up, and I was a sailor. I was an all-American athlete in college and eager to join the Olympic Sailing Team and ultimately decided to get in my truck and drive down to this foreign place called Miami, and visit this amazing place called the US Sailing Center. Like marry Olympic athletes, I had no money, I had no place to live, and I ended up camping out in the parking lot of the sailing center, which I think was probably illegal, but please don't -- you know, hopefully, that was long enough in the past. But my perspective is a little bit different, because, unlike City ofMiami Page 11 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 David and Magnus, I was less successful as an Olympic athlete, and had to sort of go on a different path. So after being on the U.S. Sailing Team for a couple of years, I decided to do other things. But the US Sailing Center brought me to Miami, it helped me fall in love with Miami, and I ultimately decided to do my master's down here at Florida Atlantic University. And then, I did a PhD at the University of Miami, fell in love with the Rosensteil School of Marine and Atmospheric Science. Today I serve as a board member on the Sea Level Rise Committee. And in short, I fell in love with Miami, and I never left. So from just a purely economic perspective, the impact that the center has in terms of bringing in people to City of Miami and showing them how beautiful and wonderful a place it is has amazing value to the City. That's it. Thank you. Gregory Clark: Good morning. My name is Greg Clark. I live at 11827 Northeast 7th Avenue, in Biscayne Park. I'm the father of three little sailors, a business owner, board member of Miami Water Keeper and Overtown Music Project. But today I'm here to talk in support of PK2 [sic], US Sailing Center lease renewal. My story with Miami is deeply linked to the sailing center. I came to Miami over 30 years ago as a ten -year-old middle-class kid to race in the Orange Bowl Regatta, based out of the US Sailing Center, here in the Grove. It was the highlight of my winter to come down with my parents. We would load up the minivan with a boat on top, and behind on -- and a boat behind on the trailer, and we'd make the two-day trip from New York down. When the racing was over, I always hated leaving Miami. Fast forward 15 years later and I was able to move to Miami fulltime, and have not looked back. The sailing center has been incredibly important to my family, from my sister, Amanda Clark -- she was on the Sailing Olympic Team twice, who practically lived in the sailing center for years during all of her campaigns -- to myself, who I can honestly say probably would not live in Miami if it wasn't for the sailing center. There are a large number of us northern sailors who find refuge here in the winter from the -- Miami -- from the winters, and quite a few of us who've bought property here and now love to spend time here because of the sailing center and the open access it provides to the community of sailors of all economic backgrounds, from Olympians to regular sailors, like myself. Thank you. Joseph Ricca: Hello. My name is Joe Ricca. I'm a student at the University of Miami, and I'm a member of the University of Miami Sailing Team. I'm originally from Boston. I grew up sailing. I've been sailing since I was five years old. I've sailed and worked at marry different community sailing centers, and I've seen none as well operated and successful as the US Sailing Center. And not only do myself and the team love being at the US Sailing Center, but we also rely on it. Without the US Sailing Center, I actually do not know where we will be located next year, and it would be very unfortunate if we don't have a place to sail. We've run our practices there; we host races there; we run our Learn -to -Sail Program there, and we would be lost without it. Thank you. Roberto Sidi: Hi. I'm Roberto Sidi, a resident of 501 Northeast 55th Street. I'm also part of the UM (University ofMiami) Sailing Team, and also here in support of the -- renewing the lease to the US Sailing Center. I just wanted to say that, you know, I've been living in Miami for the vast majority of my life, and around sixth grade, I attended Ransom Everglades. I started sailing there, and I've been sailing ever since. And even going to Ransom Everglades, where we have an amazing waterfront, we still utilize the US Sailing Center's facilities, because we actually practice with the UM Sailing Team when I was there. And now, even now, when I'm still sailing with the UM Sailing Team, we still practice with Ransom. So not only -- I mean, I think that should give you an idea as to just how vital the US Sailing Center is, so a place that has the funding, has the waterfront, they still use the US Sailing Center. And like Joe said, we quite simply wouldn't have a place to practice; we wouldn't have a place to teach other kids how to sail. And, I mean, just hundreds and hundreds and hundreds of people rely on the US Sailing Center to not only have a sailing career, but just to have public access to the water. And, you know, people City ofMiami Page 12 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 like, you know, Old Man Diaz, who, you know, is in his 90s and still sailing, and still sails a dingy at the US Sailing Center, it's a true testament to just how powerful our sport is and how important it is to this city. I mean, there's few people as influential as that man, and I think many people here can attest to that. So as a personal plea and on behalf of the UM Sailing Team, I would really encourage you to renew the lease for the US Sailing Center. Thank you. John de Olazarra: Good morning. I'm John de Olazarra. I'm a resident at 1689 South Bayshore Lane. I'm a sailor, a father of a youth sailor, a volunteer at the US Sailing Center, and with Team Paradise. And I'm here to encourage you folks to realize the economic value and the return on investment that the land that the US Sailing Center resides on is to the City in the form of indirect revenue; in the form of goodwill; in the form of, you know, building, you know, our youth, and impacting the lives of the citizens in our community. You know, sailing oftentimes gets a little short -shift [sic]. Unless you're involved in it, you don't really understand it. You see the boats out on the water, but you don't really appreciate the impact that sailing has on development of our youth and the kids in our community. If it was my desire, I'd love to see every kid in the City ofMiami have an opportunity to go out on the water, have an opportunity to be able to experience what our kids experience. The individuals that go through the Team Paradise program, the same holds true. These are individuals that have, through no choice of theirs, have disabilities that disallow them access to the water. They go out; their lives are changed. And again, it's through access to the water that they would otherwise not have if the US Sailing Center wasn't there. And I encourage you to recognize both the direct and indirect value on the number of kids that come through that sailing center and individuals that come through the sailing center. We have 800 people that -- 800 sailors, plus their families that show up for Orange Bowl. We have the World Cup, where there are 400 to 500 sailors, plus their support and coaches, and families. There's the Star Class Regattas; there are world championships, North Americans. You know, the list is extensive. And if you don't have a copy of that list, I'd -- I'll make efforts to get a copy to you so you can appreciate the impact that this small piece of real estate has on our community and on the State; and the country, as a whole. Thank you for your time. ChairHardemon: Thankyou very much. Peter Foley: His. My name is Peter Foley, and I live right across the street at 2843 South Bayshore Drive, and I came here to talk about the sailing center issue and renewing the lease. I'm 14 and I've been -- these guys have been sailing longer than I've been alive. But I've been sailing long enough to know that the sailing center is vital to everything sailing in Miami. If the sailing center is removed, then people like me, people like them, we just don't have a place to go. Whether -- like there's a Regatta Orange Bowl that's held in December, and it can't be held at one yacht club. It has to be held at many places, and there's just not enough places to put the sailing center and the regatta, so we need the sailing center to use to have regattas and sailing in general, because some people, they just can't afford to go to these yacht clubs, so it gets them on the water, learning about sailing and learning about the sport. If we don't have this, then the future of sailing is gone in Miami. And all those boats, when people are going over the Rickenbacker Causeway, they see on the water will be gone, and that's that. Commissioner Gort: Good job. Paul Callahan: Good morning, Commissioners. Unidentified Speaker: Pull up the mike. ChairHardemon: He's more comfortable this way. City ofMiami Page 13 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Mr. Callahan: My name is Paul Callahan. I live at Grove Isle, 1 Grove Isle, and I'm grateful for the opportunity to be here for two minutes to speak with you this morning on behalf of the US Sailing Center. I started training here personally, in 1998, at that sailing center for the Paralympic Games. I've since competed in two Paralympic Games around the world, and which I wouldn't have had the opportunity to do so without that sailing center. I then rented -- because of that sailing center, I rented a condominium here for five years, with my family, and learned the Grove, learned the restaurants, learned the culture, learned everything from here to Hialeah about Miami that I've grown to love and appreciate, with the different cultures and mosaic of the community, everybody from -- and I'm going to miss somebody here -- but from Cubans to Haitians to ti'enezuelans. The multilingual and the bilingual culture that this city has is brought together, not necessarily by all the restaurants and not necessarily by all the hotels, but in large part, because of the sports, the economics, and the opportunities for children. And recently, I just finished my term as president of the United States Youth Sailing Association, otherwise known as US Opti -Dingus Association. It is the largest class of youth sailors in the world; not in the State, not in the country, but in the world. We have 2,000 children with their families coming here to utilize that sailing center. Without that, I would suggest to you that many of our friends are people who we didn't know before from South America, from Europe, from any other countries and continents around the world, who would not be in this city, would not have the opportunity to experience anything like it if that sailing center did not exist. I saw this morning where we honored Frank Gore, a wonderful, great resident that we're all proud of in the West Grove. Why would we, as a community, as a governmental entity, take away an opportunity that Frank Gore had in the West Grove in another part of our city as an athletic endeavor for people to compete, for children to compete? It's a place for kids to go from all over the world to become Frank Gore. We have one place on Biscayne Bay for children; one place for people to grow up and become a Frank Gore. And why on God's Earth do we think that that may even remotely value that more than a dollar? ChairHardemon: Thankyou very much, sir. Mr. Callahan: I appreciate your time, gentlemen. Thank you. And at least for the children, who will become Frank Gores and athletes that the City ofMiami would be proud of, I would urge you to think long and hard before removing the sailing center. I really appreciate your time. ChairHardemon: Thankyou. Richard Perez: Hello. My name is Richard Perez, with offices at 701 Brickell Avenue, here representing AR Booting, on SR. 1. And first of all, I wanted to thank each and every one of you and your staff for the time that you guys have put into this particular ordinance to deal with the issues of predatory booting in the City of Miami, and I commend all of you for having an open dialogue with us, and having an open communication about what is right and wrong about booting in the City of Miami. And we represent one of the good guys, one of the guys that has been doing it right, has been doing it the right way, and is fully paid with the City of Miami. We're all for a lot of the provisions that are in this ordinance for full transparency. In fact, it is to our benefit that you get the predatory hooters out. It is to our benefit that this industry get cleaned up. It is to our benefit that the good guys get rewarded in terms of doing this business. But, of course, this business is one that doesn't lend itself to, you know, glowing reviews from the folks who, unfortunately, are tagged with a boot. The only thing that we're here to tell you is don't throw the baby out with the bathwater. Don't make the issues worse. And how would you make the issues worse? You will make the issues worse if, in fact, you move forward to lowering the amount of the fee that the hooters receive today, and let me tell you why. Sometimes, it seems like it isn't common sense -- right? -- to say that that isn't a good idea, but we're here to tell you that it is not a good idea, because if you lower City ofMiami Page 14 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 the fees, all you're going to do is the people that do it right, the people that have the insurance, that have all of those costs, they're not going to be able to make it. And what is the result of that? The result of that is that a bill -- an ordinance intended to remove the predatory hooters is only going to reward the predatory hooters, because those are the only ones -- the ones who cut corners are the only ones who are going to be able to make it; moreover, you're going to drive all of those hooters -- or you're going to drive all of those hooters out of the industry, leaving it only to the tow trucks to go out there. And what does that mean? It means an increased cost ultimately to the residents of the City who get booted, because the booting -- the towing fees are so much higher. So all of the regulatory stuff, we're completely fine with it. What you want to do to clean up the industry, we're completely fine with it. But, please, we urge you not to throw the baby out with the bathwater. Thank you very much. ChairHardemon: Thankyou very much, sir. Christina Crespi: Good morning, Commissioners. My name is Christina Crespi. I'm the deputy director with the Downtown Development Authority, and I'm here to read a statement on the record on behalf of one of my board members, Kim Stone, in support of RE. 7. "Good morning, Commissioners. I apologize that I could not be there today to personally convey my support of this resolution, so thank you for allowing my comments be read into the record. I have the pleasure of serving as a board member of the Miami Downtown Development Authority and the chair of the DDA's (Downtown Development Authority's) Art and Culture and Entertainment Committee. My committee created an Olympia Theater Taskforce to evaluate the highest and best use for the Olympia Theater, and to make recommendations to the City of Miami for its use for the Olympia Theater. To date, the taskforce has identified three main priorities: Historic preservation; vibrant and year-round theater programming; and the apartments used for affordable housing or work space, focused on the arts community. To that end, Miami Dade College would make a great partner as the college has a proven track record of success in each of these areas, as evidenced by the success of their restoration and programming of the iconic Freedom Tower and also the Tower Theater, under Dr. Padron's leadership. Miami Dade College is also a major stakeholder in downtown and aligned with the DDA's goal of making it a vibrant, world-class downtown. Therefore, I strongly support this resolution before you, and I look forward to the opportunity at the DDA to talk more with Miami Dade College and the Olympia. Thank you. " I'm also wanting to speak in support of RE.1, which is the Camillus House agreement. I want to thank the Administration and the Commission for moving this forward. It's a very important agreement for the homeless community in the urban core, so we urge you to support it. Thank you. Roberto Porter: Good morning, Commissioners. My name is Roberto Porter. I'm a resident at 432 T'elarde Avenue, Coral Gables. I'm here to support to the renewal of the lease of the US Sailing Center. I represent sailors that sail different classes, basically in the weird and very old sport of sailing. It's one of the few things that connects us with the -- all these humans. It's like when you turn on afire and you start just watching the fire. We sailors connect with those first humans that wanted to explore what was out there and find more resources or conquer lands or -- and there are a few humans like us that still sail. And there are very few options to go sailing if you're not a member of a very nice yacht club. And those few humans, we have a beautiful place, very small, not a restaurant. It's just a connection to the water and a ramp. And the ramp was destroyed by Irma, and now we have a beautiful ramp. And we play with our sailboats and try to teach our kids to stay out of their 'X" Game -- Xbox and machines, and phones. So as a father, as a sailor since 1971, and as a guy that pushes sailing and tries to share that passion of sailing with people from Argentina, Brazil, Mexico, everywhere, and when they ask "How can I learn to sail? I want to go sailing to Nassau or to the Caribbean. " Oh, you know, there's a nice place that -- I don't know how, but in this -- the -- this paradigm City ofMiami Page 15 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 of capitalism, there's still a place where you can pay only $30 a month, and you can keep a sailboat, and that sailboat can cost you $1, 000, and the wind is free, so this is awesome. And you can learn so many things, and you can share it with your kids, and your kids will start understanding that the Earth is round, no? There's so many crazy people think it's flat. Like a few weeks ago, I took my 26 daughter [sic] sailing to Key Largo, and I told her, "Look, I'm going to demonstrate that the Earth is round. " So when the horizon -- when you get away from Miami for more than 16 nautical miles, you will see all the buildings starting to disappear. And she goes, "Oh, really?" "Yeah. Imagine the Europeans or the Chinese when they thought that the Earth was flat and you were going to fall. " And suddenly, we started seeing the first bridge near Key Largo, and Miami was gone. And she says, "Papa, this is amazing. We can go anywhere in the planet by touching this same water. This same water is connected throughout the planet. " Imagine my happiness of seeing my daughter understanding the capacity of sai I i ng. And now, she doesn't want to go out to Miami Beach and see the -- She wants to go sailing. And there are so many kids, like nerd; nerd, fat kids that only play with their things. And when they go sailing, their parents cry, and they go, "Roberto, you made a change in my kid. You -- through sailing. " And that's -- Thankyou to Pat and all the guys and all the sailors, because they have placed -- and this -- I know you guys have a lot of collection from taxes and people and conflicts of interest, and whatever. But it's a very small place, south of Kennedy Park. Just let us be. There are so many sailors that just get integrated in beautiful -- in this beautiful thing. I tell my friends from Colombia, "Do" -- that live in Miami -- "Hey, you live in Miami for how long?" "20 years." "Do you use the sea, the ocean, the bay?" "No. " That's a mistake. If you don't use the ocean, it's a mistake. Chair Hardemon: It's a mistake that I've been making for 32 years, sir. Mr. Porter: Okay. Thankyou. ChairHardemon: Thankyou very much. Applause Christine Rupp: Okay. All can say, let's adjourn and go sailing. I'm ready. Applause Ms. Rupp: I know I can't do that. Okay. Good morning. I'm Christine Rupp, executive director of Dade Heritage Trust, 190 Southeast 12th Terrace. I'm also here in my role as the chairman of the Olympia Theater Taskforce. We're here primarily -- obviously, to speak about RE. 7. And our primary interest, of course, is ensuring the historic preservation and the historic architectural integrity of the Olympia Theater is properly considered and is first and foremost in arty future plans for the building. Dade Heritage Trust, along with the DDA, is well aware of Miami Dade's commitment to historic preservation, and the significance of the historic buildings throughout Miami. I speak on behalf of the board of directors of Dade Heritage Trust when I say the organization supports conversations and expiration regarding the future of the theater as long as historic preservation is at the forefront. We do not have specifics of Miami Dade's proposal or plan. I don't know if those exist, but Dade Heritage Trust would entertain dialogue with the college to see what their vision may be. As a City ofMiami designated historic structure, any proposals or plans necessarily have to be reviewed by the City's Historic Preservation Oce and approved by the Historic Preservation Board. Dade Heritage Trust is happy to lend its expertise to recommend or review any potential proposals for the theater to ensure that the historic fabric of the building -- Miami's signature building on Flagler Street, Miami's main street -- is preserved, restored, and enhanced for the future. Thankyou. Who do I talk to about a sailing lesson? I'm serious. City ofMiami Page 16 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Samuel Latimore: Good morning. My name is Samuel Latimore, professor, retired, and president of the Charles Hadley Neighborhood Association. I'm here on behalf of three items. The first one is CA. 4. That deals with MLK (Martin Luther King) Boulevard and the traffic circles. I'm here in support of that document and the provisions that it has. One of the things that we have been looking at, and the association nationally, is this concept of environmental justice. And environmental justice includes a lot of things; what kids see as they traverse through this community. A lot of our kids don't have boats. A lot of our kids walk along the sidewalk. And they would love to be able to do that, but our -- just traversing the sidewalk through a community that looks decent, neat, and clean, so we support that, CA.4. We also support the PH.1, because it funds some areas that are very important to children who grow up in our community. Our community is changing, and we now include all of the children that have come into the Model City's areas; we support that, also. The last one that we support -- and I support it, because I was one of those troopers who hit the ground running after the hurricane, and what I found in terms of people who were left in those buildings, I asked for an investigation. And I asked for an investigation, because it was criminal, what I saw: no electricity. The Commissioner was not -- out there cooking food, and we were hauling food all across the City and County. And so, these initiatives would go a long way in ensuring that we don't have another incident of that magnitude in the future, so I support SR. 3, PH.1, and CA. 4; that this come from the entire board of directors, the neighbors of the Charles Hadley Neighborhood Association. Thank you. ChairHardemon: Thankyou very much, sir. Manny Prieguez: Good morning, Commissioners. Manny Prieguez, at 4000 Malaga Avenue, Miami, Florida 33133. I'm here representing b7P. They are hooters, and they have never, ever booted in the City ofMiami. They are a company that wants to get into the industry, and they've had a very tough time. And although I agree with 95 percent of everything that my colleague -- my fine colleague, Rick, mentioned a few minutes ago, the one thing that I do disagree with him on is the issues of the fees. And, of course, he was advocating for a highering [sic] of the fees or a maintaining of the fees, and that's exactly the issue with us, and why it's become so difficultfor us to be able to get into the industry, and that's why we've been engaged for the last number of months. The fact of the matter is, is that there might be one good company out there, but all of the other ones are not good companies, and they do all sorts of things that prevent other companies, like mine, the one I represent, from coming in. And they do all sorts of other things that create the environment that is created with hooting- the predatory nature of it, et cetera. And there is a direct correlation between that activity, the way they operate, most of these companies, and the money there is to be made. Their business model is based on a contingency. And in case most of you don't know this, in the lobby world, it's illegal in Miami -Dade County to work on a contingency fee basis, because, wisely so, the government is worried that people will do things -- lobbyists will do things that they shouldn't be doing in order to gain whatever result they want for their client. Well, in this industry, that's how they work. They work on contingencies. They pay their hooters 25 bucks per car that they boot. Well, what are you going to do if you get to make 25 bucks every time you get to boot a car? You're going to try to boot as many cars as humanly possible, and that's why you hear the horror stories that you hear. Late last year, the Coconut Grove BID (Business Improvement District) discussed this issue, and they passed a resolution -- Commissioner Russell, you were there at that resolution -- making a recommendation to lowering it to $50 gross for the consumer; $35 for the hooter, $15 for the City of Miami. And I'm here to advocate that position here today. And just one final note: All around the State -- I have a list of municipalities that -- I've shared this with all of you -- and I could go down the list really quickly so you could see what some of the rates are, what the market is like -- right? -- out there for cities that allow booting: Cocoa Beach, 40 bucks; Coral Gables, 25; Delray Beach, 50; Dustin, 25; Doral, 25 -- that was passed last year; City ofMiami Page 17 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Fort Myers, 50; Jacksonville Beach, 25; Miami, 63; Miami Beach, 25; North Miami, 30; Orlando, 22; Sarasota, 25; St. Petersburg, 25; Tampa, 35; West Palm Beach, 40. The municipal average of those cities that we were able to discover is about $33, the average. What the BID passed was $35 plus whatever the City needs to make in order to make this operate. That is our recommendation to you, and we appreciate your time. Thankyou very much. Cody Courbier: Good morning. My name is Cody Courbier, and I live at 3840 Kent Court, and I'm the chairman of the Waterfront Advisory Board. I'm going to give you an update on what happened in 2017. The board is currently comprised of eight members, and while we have diverse professional backgrounds, we share a common interest in the City's waterfront. Our board is responsible for the review and evaluation of issues related to the use and development of City -owned waterfront property. Our goal is to provide thoughtful input to the City Administration and the City Commission regarding the issues that are brought before us. Much of the value of the board is in the public forum it provides for discussion of issues concerning property that abuts Biscayne Bay, the Miami River, Little River, and other waterways within the City's boundaries. In addition to its regular duties, the board spent much of 2017 focused on improving its organization and efficiency to better serve the purpose for which it was created. We adopted official rules of procedure, and passed a motion requesting the City Commission consider the board's proposed amendments to its bylaws. The proposed amendments are intended to provide more clarity surrounding which items and when items should be brought before the board for its review and input. The board's general view is that it can be more effective if it has the opportunity to review issues early; ideally, prior to RFP (Request for Proposals) or presentation to the City Commission for final approval. I'll highlight a handful of items that were considered over the course of the board's 11 regular meetings and three special workshops in 2017. We provided or withheld support for 13 proposed uses and actions by the Department of Real Estate/Asset Management, City -owned waterfront property. We passed a motion supporting the City's application and proposed uses for the Florida Inland Navigation District grants. We passed a motion supporting the City's general obligation bond, with specific consideration given to waterfront related projects and resilience measures. We passed a motion supporting the ban of polystyrene containers in City -owned Parks and Recreation facilities. And we passed a motion that Spoil Island 'A" be re- designated as Captain Stuart Sorg Island in memory of our longest -serving member, who passed away in May of last year. I'll close by saying that there's great interest among our active members in protecting what we feel is one of our City's greatest assets. We spend a significant amount of time and energy making sure we're good stewards for the City's waterfront, and we lookforward to continuing to serve you in 2018. Thankyou. ChairHardemon: Thankyou, sir. David McDougal: Hi there. I am David McDougal, and I'm a founding member of the Miami Climate Alliance, and the chair of the Miami Climate Alliance Admin. and Finance Committee. I live at 4231 Northwest 11th Place. And my comments today regard the topic of committee appointments, especially for the Miami Forever Bond Citizen Oversight Board; and for the Sea Level Rise Committee, if that's up for today. And I just want to thank the Mayor and many Commissioners, and their staffers for meeting with the Miami Climate Alliance representatives over the last number of months as we've been talking about the Miami Forever Bond Citizen Oversight Board, especially. I want to make a general request that you emphasize the inclusion of women and representatives of low-income communities, as we know that climate change, sea level rise, and all these impacts affect low-income communities of color, especially, and we need people that are ready to assess that risk and be able to identify solutions that make sense for all of our communities. I also want to request there's an upgrade made to the mandate of the Sea Level Rise Committee so that it takes on the full resilience portfolio, as in the 100 Resilient City ofMiami Page 18 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Cities; I think it's time. And I also want to request that if Frances Colon is up for a nomination that she be selected, and Sonia Succar. Thankyou. Kathleen Tocke: Hello. My name is Kathleen Tocke. Ilive at 2626 Lincoln Avenue, here in the Grove, and I would like to speak on behalf of the US Sailing Center. Like many of my friends here, I moved down from the north to train full time and have stayed; that was about eight years ago. But prior to pursuing my passion in the sport of sailing, I have a master's degree in urban regional economic development, worked for Deloitte & Touche, the American Chamber of Commerce. And what I'd like to speak about is the economic impact of the US Sailing Center. We talked about the community and the kids and the development, but as a politician, as someone concerned with the community here, I know that money is a big part. We talked about the big events -- the Orange Bowl, the World Cup -- and every weekend, there is a major sailing event that brings in hundreds of people, hundreds up to a thousand people, and it's the sailors; it's the coaches; it's the support staff. You have hundreds that are coming in here, full Olympic teams. Just take China for example. They bring an armada and they're bringing in cash with them. Sailors don't just come for a five-day event. They come and they train for two to three weeks before that event. They become just temporary residents of the City of Miami. They're staying in the Sonesta, the Marriott, the Residence Inn, the Commodore Apartments; they're staying in Brickell. You go during any major event two month -- two weeks before, one week before, and the restaurants in Coconut Grove are filled with sailors. You'll see their team jackets; you'll see their coaches. They're renting coach boats from people in our community, from residents. They're paying up to $3, 000 for a coach boat. They're paying coaches, like me, who live here, and that's my job as a coach. I coach two sailors in Coconut Grove, kids from all around Miami, and I get paid to coach. That's my job. Another job I have is media. I work for International Sailing League, and we come in here and we film Miami, the water, the city, the people, and weekend after weekend, there are people around the world seeing the beautiful waters of Biscayne Bay. They're seeing the residents, the atmosphere, and what a great place Miami is. So if you just look at the amount of money that is being spent by the sailing community here, people who come to live here for the winter, rent houses, eat in the restaurants, shop, all the people -- thousands of people come in throughout the winter and stay in some of the most expensive hotels in Miami for weeks on end, who rent boats, pay people who live here to work on their boats, pay people to coach them. If we lose the US Sailing Center, the other yacht clubs cannot afford to host all these people. Sure, there's a regatta being hosted at Biscayne Bay Yacht Club on Bayshore, but you know what? They can't fit all the boats in the yacht club, so they're using the US Sailing Center to host those boats, as well. ChairHardemon: Thankyou very much. Ms. Tocke: So you'll be losing a lot of money for the restaurant owners, the shopkeepers -- ChairHardemon: Thankyou very much, ma'am. Ms. Tocke: -- the hotels, everyone, if you get rid of the US Sailing Center. Thank you. ChairHardemon: Thankyou. Martha Galiano: Good morning. I'm Martha Galiano. I live at 418 Southwest 29th Road. I am a third -generation Miami, City -- living in the City, proper. So I've been around the Grove, having been -- my family being founding members of St. Stephen's Episcopal Church, here in the Grove. And I'm not a sailor, but I do want to speak on behalf of the -- renewing the lease for the sailing center, the US Sailing Center. My daughter is a sailor, and she is -- she's gone out sailing, and she's part of a team that races and trains out of the US Sailing Center. She would not be one of these kids City ofMiami Page 19 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 flying to practice, like the other kids on her team. Because she lives here in Miami, we have the US Sailing Center here in Miami, it's accessible to the public. She has access to this phenomenal sport that I, even growing up in Miami, didn't know the tip of what the sport is about. It's amazing for these young kids, and the intergenerational interaction is -- it's just phenomenal. And then, the fact that the US Sailing Center is drawing in all these professional sailors and things that my daughter can look up to and say, "There's a path. There's a way that" -- you know. And so, I mean, Kathleen, before me, spoke about the revenue and the financial. I think that the little piece of land tucked back, you know, on the water more than pays for itself, and it's giving local residents opportunities for the water, to actually dream big, and just have them fulfill their dreams or whatever. Thank you so much for letting me speak, and I appreciate your service. Chair Hardemon: Thankyou. Gary Ressler: Good morning, Mr. Chairman, Lice Chair. Gary Ressler, with Tilia Companies, at 169 East Flagler Street, speaking today on Item RE. 7. First, I'd like to commend the District 2 Commissioner office for taking an interest in the Gusman, the Olympia Theater, which has been long neglected by its property owner. I serve on the board of the DDA and on the Olympia Taskforce. I'm here on this item in my capacity as principal of Tilia Companies. Our properties have book -ended the Olympia since we entered the market in 1979 and purchased the Hermes Hotel, which we have since redeveloped into workforce apartments at Centro Condominium. We're also across the street in the historic Alfred L DuPont Building, which we have restored over the years, and created a gem out of. On a personal note, my wife and I were married on the stage of the Gusman in 2007, one week before the City wrapped the building -- or one week after the City wrapped the building in scaffolding, which remains to this day. We are also both personal and corporate sponsors, huge fans, and supporters of Miami Dade College; and in particular, the arts programming and their stewardship of historic venues and structures. As you've heard today, the DDA has empaneled an Olympia Theater Taskforce comprised of a range of stakeholders, including the director of DREAM, the Department of Real Estate and Asset Management, on behalf of the City. I believe this item is simply a case -- although well-intentioned -- of putting the cart before the horse, and I ask that you consider deferring this item; that the DDA chairman appoint a Miami Dade College representative to the taskforce; and that this body entertain a recommendation of the taskforce at the completion of its mission later in the summer. So that's on item -- on that item. On RE. 1, in my capacity as chairman of the Quality of Life Committee at the DDA, I want to thank both Mr. Vickers and Counsel Wysong for their assistance in finalizing the Camillus agreement, and we fully support its passage. Thankyou very much. Chair Hardemon: Thankyou. Hugo Arza: Good morning, Commissioners. Hugo Arza, 701 Brickell Avenue, speaking here today on SR.1, the immobilization item. Our firm represents AR Booting. My colleague and partner, Richard Perez, spoke earlier today on this issue. Again, I want to reiterate and thank -- I know I've met with many of you and your staffs on this issue. You know, I think Mr. Prieguez, who spoke after we did, talked a little bit about -- and I think he acknowledged at one point that there may be one good business that's doing this, and that would be our client; that would be the good business that's doing it. Again, we are in full support of implementing those policies that protect the consumer; the idea that you would notify, allow folks an opportunity to pay for additional parking if their parking is about to expire; the kind Of common-sense things that we've come to expect in 2018 when you park your car. What I can tell you, however, is that by imposing those additional costs -- technology cost, signage cost, whatever those may be -- and all -- you know -- also, at the same time, reducing the fee that the business owner is going to receive for doing so, you are going to drive booting out of business. The exhibit that Mr. Prieguez handed or City ofMiami Page 20 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 held up with the fees in other cities could also be the exhibit of cities that don't have booting anymore. If you lower it to the point where folks can't do the business, then what happens? The hooters, you know, simply can't make a living, and will move on. That sounds great, except for one fundamental point: Folks are still going to need to get rid of cars when they're illegally parked and when they go over their time, and there's only one place that's going to fill the breach; it's going to be towing, that's it. We're going to trade one problem for a problem that is worse, much worse for the consumer, more expensive. A consumer then has to go somewhere else to pick up their car and do things of that nature. I would urge you again today -- you know, the most important thing is to make sure that the consumers are being protected. We are in full support in the industry of enforcing and having sensible laws that enforce and protect the consumer. But we cannot be in a position where you impose those things, and at the same time, reduce the cost to the point where we can't do business. You'll have folks showing up a year or two from now if you do that, and they're going to be complaining about having their cars towed instead of having their cars booted. Chair Hardemon: Should we lower the cost of towing in Miami? Mr. Arza: I don't know enough about the cost of towing in Miami. As a consumer, I can tell you, I would suspect that that might be a good place to start; or perhaps, Chairman, we should look at this comprehensively -- Chair Hardemon: No, I -- Mr. Arza: -- and we should be considering both; since one is going to so impact the other, maybe to not create such a disincentive or such a difference between the fees that the hooters can charge and the fees that the towing companies can charge. Maybe it's time to look at all of this globally; not just look at the hotting fees, but look at the towing fees, and then come back and let's analyze both of them so that there's room for both in the industry. I think it's a great question. We, as someone who represents a credible hooter, who has paid the City, who has done what they're supposed to do would welcome that conversation. Chair Hardemon: Thankyou. Mr. Arza: Thank you all for your time; again, I appreciate it. I know it's a tough decision for all of you, but I trust that you will all make the right decision. Thank you. Cathy Rick -Joule: Good morning. Cathy Rick -Joule. I'm with the Miami International Boat Show, the National Marine Manufacturers Association, speaking on behalf of RE.8. The Miami International Boat Show began here in Miami, just next door here, in 1941. It's continued to be a outstanding event, renowned worldwide. Talk about an ambassador to -- the sailing, you know, industry talked about ambassador -- probably the best ambassador that the City of Miami has ever had. We moved to Miami Beach in the mid -'60s, looking for further space, and in 19 -- in 2014, we learned that after 46 years, our home was going to be put under construction, and we went seeking a new property. At the invitation of the City of Miami, we entered into a revocable license agreement in the -- in December of 2015, and hosted the 75th Miami International Boat Show on t irginia Key in 2016 During this time, lawsuits began, and many of us, many of the staff here, many of you began putting in efforts and tried to fight our way, really, in a battle of survival. We didn't have another home, and we needed to find a place for this incredible event. Nearly three years later, we've just concluded a very successful Miami International Boat Show. We've laid the groundwork for a maintenance of traffic plan that is very effective in a very sensitive and special environment on l irginia Key. We developed a master water taxi plan that executed over 50 percent, over 50, 000 people taking water taxi from Miami. And we've done everything here with respect for the environment; respect for the tillage of Key Biscayne, and their residents, the folks City ofMiami Page 21 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 that travel the Rickenbacker Causeway. So I'm here hoping that you'll support RE. 8. It's something that's incredibly important, and we need to get back to the -- back to doing good business in the City of Miami, and stop battling amongst ourselves. We've all agreed on a lot of terms that we can all live with, and we should use this as a master plan for other events on the Key, other events on Tirginia Key, and make sure that we all can, you know, work together. Thank you. ChairHardemon: Thankyou very much. Rafael Andrade: Good morning, Commissioners. My name is Ralf Andrade. I'm here as a resident of the City of Miami Beach. I live in your district, Commissioner Russell, here in the Grove, and I'm here on the booting item. I have -- it's my first job out of high school, way back in 1988. So from an operational perspective, you know, there's probably no one in the room or in the City that knows more about the industry than I do. And what I will tell you is that the proponents for the booting, of keeping the fee where it is, they've done something very clever and they -- You know, it's a red herring. They've tried to make this about towing versus booting. That's not why we're here. We're here because, as you all know, a booting company has defrauded the City out of approximately $750, 000 in taxpayer money. So they stole close to a million dollars from your residents; or at least, that's the allegation. We're here because in January, a different booting company assaulted a motorist whose vehicle he has -- he had booted, and that gentleman was arrested, and I believe he works for Elite Booting. And I would disagree with the comments that the one good hooter is being represented by this firm. I don't think there are any good booters, any good actors in the industry as of today. I'm very familiar with their client. I'm very aware of the operations and the -- you know -- shenanigans that he's involved with, with certain parking lot operators, where they're in bed together, and have created essentially a trap; an environment where, rather than as a parking lot operator, you're encouraging folks to park in your lot, or you close up your lot when you're done for business at the end of the day. They leave it wide open for unsuspecting tourists, residents, visitors to fall into the trap, and get booted. I mean, they've actually gone so far as to -- they've turned the business model on its head where you have booters who are getting into the parking business as a means to boot. The rate is so lucrative and so high right now that they go out, they overpay for parking lots; they lease parking lots, not because they're in the parking business, but to, you know, further -- in furtherance of their trap so that they can boot more vehicles. And so, what I will say to you is the fee, a hundred percent, needs to be lowered. Your residents are getting preyed on; your tourists are getting preyed on; your visitors, your businesses. And with respect to businesses, I think, Commissioner, you heard from the BID, from the business leaders in Coconut Grove, an important economic engine in this City, that the rate should be reduced to $50, maximum; 35 for the booting company, 15 for the City. That's reasonable. We support that. I think it should probably go a little further. And the key is when -- The reason these folks are advocating for a higher fee is the business model, and that is, they pay their booters $25 per boot, which is completely outrageous, unreasonably high. Some of these booters make, you know, 150, $200, 000 a year; more than lawyers, more than doctors. And if you simply converted your commission -based fee to an hourly rate, you can do it at $25 and make a 10 percent return on your money. I can tell you that, because I booted at $25 on Miami Beach for approximately five years. I got out of the business because I chose to explore other things, and so on and so forth, but that was a long time ago. I'll wrap it up. My son is now interested in getting in the business. It came to his attention, as a result of all the media attention that you got when that gentleman was arrested, there might be an opening to do business as a result of him going out of business. And here's what happened: He goes out and he's trying to pick up accounts with property owners, and they're all saying, "Okay, how much?" He goes, "How much what?" "You know, how much are you going to pay us?" He's like, "Well, that's not the way it works. You know, we're providing a service. " And, you know, the boot, you know, customer, says, "Yeah, but the other company we have now, you know, they're giving City ofMiami Page 22 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 us 25 bucks a pop. " And so, if you eliminate the $25 kickback that the hooters are giving the property owner; if you convert your $25 fee to an hourly rate, okay, that you're paying your hooter, you can easily do this for 25, $30, no problem. Everything you're hearing is simply not true. It's a matter of not kicking back to property owners -- which is illegal, by the way -- it's illegal and these folks should be arrested for doing so. And number two, instead of incentivizing these guys on a per - boot basis, which is what has caused this predatory atmosphere, you convert it to a hourly business model, and you'll do fine, and you'll do well -- Chair Hardemon: So then --I need to ask you a quick question. So do you support the item as it is on the agenda today? Mr. Andrade: I do support the item as it is today, and what I will say to you and commit to you is that if their client goes out of business, my son will be happy to swoop in and take all of their accounts, and everyone else's accounts that says they can't perform for $25 or $35. Chair Hardemon: Thankyou, sir. Mr. Andrade: Okay? Thankyou. Ana Beatriz Birch: Hello. Good morning. My -- Hello? Chair Hardemon: Now, you need to speak into the -- this thing. Ms. Birch: Pardon me. Good morning. My name is Ana Beatriz Santos Birch. I have a office in Overtown, and I'm here to speak about affordable home and principal for Overtown residents. I'm looking for a proposal on Overtown Affordable Home Counseling Program to help Overtown residents with -- learn how to buy their first home. Overtown is being a redevelopment with the CRA (Community Redevelopment Agency), and you have new development there, and I'm ready to helping the community with my real estate experience to learn how to buy their first home. And I'm here -- I have over -- I'm going to give you the proposal on the program that I organize, weekly workshop and seminar to the residents or individuals who look to buy their first home. I'll help them to understand, the Overtown residents, the benefit of them to buy their first home for the first time, and that's what I have. Chair Hardemon: Thank you very much. Give it to the gentleman with the red tie. You're recognized, sir. Christopher Norwood: Good morning. My name is Christopher Norwood. My Office is at 2103 Coral Way. I'm here to give a report on the Education Advisory Board -- I am a proud member of that board -- on the behest of our chairman. Sadly to say, our board has not met very often this last year, and we have a problem establishing quorum, and some things need to change. I've submitted a written report and I think it's very self-explanatory, what my suggestions are, but I think it requires a certain level of leadership from the Mayor. And I had a very great conversation with our new Mayor earlier this week and I'm very confident under his leadership that we will have a more invigorated effort to really involve the Education Advisory Board in the work of the City. Thankyou very much. Chair Hardemon: Thankyou, sir. Mr. Norwood: All right. Gil Penalosa: Good morning. My name is Gil Penalosa. I thank Commissioner Russell for the pocket item on smart mobility, and I am here in Miami on behalf of the Knight Foundation, as well as the Downtown Development Authority, on this City ofMiami Page 23 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 week that we had a livable city. And I think that the smart program of mobility, I think it's really, really good. But you can have the best public transit system in the world, but it will never pick you up in front of your house and drop you off in front of your destination, so the first and last mile is critical. I'm a founder and chair of a not-for-profit organization called 8/80 Cities. 8/80 Cities is a simple, but powerful concept. What if everything that we did in Miami -- the sidewalks, the crosswalks, the schools, City Hall -- everything had to be great for an eight-year-old and for an 80year-old? Then it would be good for everybody. We need to stop building cities as if everybody was a 30year-old and athletic. Before coming to -- before leaving Colombia, I was Commissioner, and one of the things we did was open streets. On Sundays, we open 75 miles of street to people, we closed them to cars, and we get 1.7 million walking, cycling, running; and more than anything, enjoying the presence of each other. And now, there are hundreds of cities around the world that are doing that. That would be great for Miami, because all of this, other people realize that the streets are public spaces and have different uses, according to the time of the day, the day of the week, the week of the year. Also, I want to mention the issue of walking. Everyone here came walking, everybody. Every trip begins and ends by walking. We walk to the car, we walk to public transit; we walk to places, but we need to make it safe. Every day, a person driving a car kills a person walking every -- less than two minutes. And there is nothing as important as making it a priority to walk safe, and enjoyable. Walking and cycling is not a joke. Walking and cycling is the only individual mode of mobility of most people of every -- If you're under 16, your individual mode of mobility is to walk or bike. So, for example, all residential streets in Miami ideally should be 20 miles an hour, max. The City of Seattle last year, they lowered 2,400 miles of roads to 20 miles an hour. Cycling, Miami is the ideal for cycling. It's pretty flat, you have magnificent weather, but you need to have a safe minimum grid of bikeways that are -- with a physical protection from the cars. I think that -- and finally, parks. I think that parks is something that -- every child should have a park within walking distance; every person should have one. And you're all facing a magnificent opportunity. In the next 30 years -- within the lifetime of all these young people, you are going to increase the population by more than 50 percent. If you had a magic wand that you could re -do half of Miami, even the best half, you could do it better. That's the opportunity for the next 30 years. The older adults are going to double, the over 65. The over 80 are going to quadruple. So how good is the City for older people? And these are not technical issues, these are not financial; they are political; that's why everyone needs to participate. So I thank you for the opportunity, and I hope that everything that you do with the first and last mile always keep in mind the most vulnerable people: the children, the older adults, and the poor. Thankyou. ChairHardemon: Thankyou very much, sir. Andrea Foley: Good morning. My name is Andrea Foley, and I am here to talk on behalf of PH. 3, the US Sailing Center. I am not a sailor. I did not grow up being a sailor. I grew up in Boston. 32 years ago, I made the decision to come down to Miami, and I attended Barry University, in Miami Shores. After having attended Barry, I spent a lot of time in this area and decided that this would be a place that we wanted to -- that I would like to stay, and have my children grow up in this area. Both kids were born right here in Coconut Grove. And we moved away. After having moved away, we came back to Miami, because of sailing for the kids. With regards to speaking on behalf of the kids for the US Sailing Center, these children are not always going to be children. They will grow up and they will choose a place in the future to live. We commuted for four years from Boca Raton down to Coconut Grove just to have the kids sail on Biscayne Bay. After four years of commuting, we made the decision to move back to Coconut Grove and purchase right here on Bayshore Drive. So we ask that you consider all the conversations today for the future of the waterfront and where these kids and where these children that will become adults will live and want to be part of the waterfront community. Thankyou. City ofMiami Page 24 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Rusty Brooks: Good morning. I'd like to speak on behalf of disabled veterans and US Sailing Center this morning. My name is Rusty Brooks. I'm a transplant from Houston, Texas; all over Texas, actually. I was married on the 31st; moved here to Miami. I served (UNINTELLIGIBLE) Platoon in Iraq. I came home and lost my leg in a car accident. When I lost my leg, I thought my life was over until I found my faith, and that led me to some programs that put me in a position to be working with veterans. And a lot of those guys are sitting in their rooms and they're drinking alcohol and they're playing video games, and they're isolating themselves. They're like a lot of people are doing in the world right now, this thing, it's a tool. These programs are necessary, especially for someone who may be missing a leg or have a disability of any kind. And I don't accept that I have a disability, because there's really nothing that I can't do. It empowers them to get out, to be among other people, to unplug with this thing. Find someone that you have something in common with; another veteran brother, someone who may have a small disability; missing an arm, missing a leg. And get out and do something, and be empowered by it so that instead of being a victim, you could be an inspiration. Thankyou. ChairHardemon: Thankyou very much. Ma'am, you're recognized. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. I am in support of SR. 1, the boot regulations. I think it's important. Most of us have paid the price of booting illegally, and people call the police, but it's no regulations where the police can enforce the law, so that would be really important; to regulate and maybe lower the price. But towing companies need to be regulated, as well. I think that's something that you guys should look into it, because it's really important. PH. 3, a hundred percent. My son had the pleasure to sail, and I think that it's something that if we donate our land for other reasons, having a lease for the United States Sailing is a must. RE.1, the Camillus House, is very important. We still have a lot of issues with homeless, so it's important for us to keep (UNINTELLIGIBLE) and have a -- most bed as possible in order to --for to provide. RS.3 [sic], for the seniors, Manolo, thank you for keeping your promise. All of us who worked with you during the hurricane and know how important it is for our seniors to be secure after a disaster, it is important. Thank you so much. And we all know that you are keeping your promise, so thank you. CA.9, as well, I think that La Presa Politicas, all those womens [sic] has been in jail and for the killing communists. It's important to keep on mind that us, as a woman, we are a part of every single event in the society; not just as mothers, sisters, wifes [sic], but we all are fighters, as well. And I want to take a note on that CA. 9: On May 20, we are having a march, an event in 8th Street and 13th Avenue. We are inviting all and single -- every single one of you and our residents. The name of our event is "Para Cuba Ya es Hora. " I know that La Poderosa has talked to you and Commissioner Carollo, but we want to make sure it is on record that we inviting every single one of you to help to just have an open voice for all those countries that have communism in their -- as a political power, who represent all those people. We want to make sure every single one of you are there. We're inviting not just the Cubans, but, like me, from Honduras, from Colombia, b"enezuela, and all other countries to support our event. And I know that the City will be part of it, and I hope that the Mayor, as we have talked to them, be part of it, and many other people that are part of our community, and the political power, because you guys are the ones that we elect, and we hope for you to support what is right for us, the citizen. Thankyou. CommissionerGort: Thankyou. b Ice Chair Russell: Mr. Chairman. Chair Hardemon: Thank you very much. At this time, I'm going to close the public hearing so there's no more public comment. I recognize the ti ice Chairman. City ofMiami Page 25 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 ['ice Chair Russell: Thank you, Mr. Chairman. With your permission, I wanted to recognize Dr. Eduardo Padron, who is in our audience today. I -- not sure if he's here to speak on RE. 7, but perhaps in deference to his time, we might be able to take that out of order; and as well, the sailing item. I'm sure there's a truancy officer out there somewhere looking for these kids. I'm sure they're supposed to be in school, so if we could take that one out of order, that would be great, as well. Chair Hardemon: Dr. Padron, would you like to speak regarding the item, or are you here to just bear witness. Dr. Eduardo Padron: (INAUDIBLE). Chair Hardemon: All right. So let's do this: First, I have a question for our Assistant City Attorney. Regarding the PH.3 item, is there a requirement that this go before the constituency, before people for a vote, or is this something that the City Commission can actually approve, as it is? Mr. Min: Section 29-D of the City Charter states that because this property is waterfront and is not -- is for a non -commercial -water -dependent type of use, it is not subject to referendum or competitive bidding. I know there have been questions of whether or not it's subject to the 4/5th vote. Based on reading Section 29-D in conjunction with Chapter 18 of the City Code, it's our office's position that in order to waive procurement, which is what Section 29-D states, the process is subject to Chapter 18, which is by a 4/5ths vote. Chair Hardemon: Okay. Thankyou very much. City ofMiami Page 26 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon. Russell. Gort, Carollo. Reyes CAA RESOLUTION - Item Pulled from Consent 3750 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Department of Real NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE Estate and Asset CITY ATTORNEY, A RENEWAL AND MODIFICATION WITH THE Management FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") ON BE+ --HALF OF THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ("TRUSTEES") A SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL AND MODIFICATION TO DECREASE SQUARE FOOTAGE AND SLIPS BOT FILE NO. 130023806, PA NO. 13-0186357-005 ("STATE LEASE"); FURTHER AUTHORIZING THE CITY MANAGER, SUBJECT TO THE TERMS, CONDITIONS, AND CONSENT UNDER THE STATE LEASE BY FDEP AND COMPLIANCE WITH FLORIDA INLAND NAVIGATION DISTRICT GRANTS ("FIND GRANTS"), TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT ("LICENSE"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI, FLORIDA ("CITY"), AND KAR MIAMI MRP, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("LICENSEE"), FOR A MONTHLY USE FEE OF TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00), PLUS STATE USE FEES, TAXES, AND ANY OTHER EXPENSES OF THE STATE LEASE IN CONNECTION WITH THE LICENSE, IF APPLICABLE, FOR THE MONTH-TO-MONTH USE OF APPROXIMATELY TEN (10) SLIPS OF THE TEMPORARY PUBLIC DOCKING FACILITY ("TEMPORARY PUBLIC DOCKING FACILITY") AT THE STATE SUBMERGED LANDS ("STATE PROPERTY") LOCATED ADJACENT TO THE CITY'S UPLAND LUMMUS LANDING PROPERTY LOCATED AT 250 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA ("CITY PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER AND HIS DESIGNEES TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ANY AND ALL OTHER FUTURE RENEWALS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS OF THE STATE LEASE AND ANY OTHER DOCUMENTS IN RELATION HERETO AND IN ORDER TO COMPLY WITH FDEP REQUIREMENTS AND WITH THE FIND GRANTS IN CONNECTION WITH THE PROPOSED MONTH-TO-MONTH USE BY LICENSEE AT THE TEMPORARY PUBLIC DOCKING FACILITY. City ofRliami Page 27 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item CA.], please see "Order of the Day," "Public Comment Period for Regular Item(s), " and "End of Consent Agenda. " CA.2 RESOLUTION 3751 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF A Department of Real CULTURAL FACILITIES MATCHING GRANT FROM THE STATE Estate and Asset OF FLORIDA DEPARTMENT OF STATE, DIVISION OF CULTURAL Management AFFAIRS ("DIVISION OF CULTURAL AFFAIRS') IN THE AMOUNT OF THIRTY EIGHT THOUSAND NINE HUNDRED THREE DOLLARS ($38,903.00), GRANT NO. 18.9.200.095 ("GRANT"), FOR THE INTERIOR RENOVATIONS AT MANUEL ARTIME THEATER ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A RESTRICTIVE COVENANT BETWEEN THE DIVISION OF CULTURAL AFFAIRS AND THE CITY OF MIAMI AS REQUIRED FOR THE RECEIPT OF SAID GRANT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND SUBJECT TO BUDGETARY APPROVAL. ENACTMENT NUMBER: R-18-0130 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.2, please see "End of ConsentAgenda. " Cin, gfllimni Purge 28 Printed on 05 '25 2018 City Commission Meeting Minutes April 12, 2018 CA.3 RESOLUTION 3775 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED Department of Risk NOVEMBER 20, 2017 PURSUANT TO REQUEST FOR Management PROPOSALS NO. 727382 FROM BMG MONEY, INC., A FOREIGN PROFIT CORPORATION, TO PROVIDE AN EMPLOYEE VOLUNTARY LOAN PROGRAM FOR THE CITY OF MIAMI'S EMPLOYEES FOR AN INITIAL PERIOD OF THREE (3) YEARS WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA"), 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 PSA, WITHOUT LIMITATIONS, AND IN COMPLIANCE WITH THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0137 This matter was ADOPTED WITH MODIFICATION(S) on the Consent Agenda. Note for the Record: For minutes referencing Item CA.3, please see "End of Consent Agenda " and Item NA.1. City ofRlliami Page 29 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 CA.4 RESOLUTION 3757 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING Department of THE THIRD OPTION TO RENEW THE CONTRACT WITH SFM Public Works SERVICES, INC., A FLORIDA PROFIT CORPORATION, FOR A ONE (1) YEAR PERIOD FOR FISCAL YEAR 2018-2019, IN AN ANNUAL AMOUNT NOT TO EXCEED $318,668.00, FOR THE PROJECT ENTITLED "DR. MARTIN LUTHER KING JR. (MLK) BOULEVARD AND TRAFFIC CIRCLES MAINTENANCE CONTRACT, M-0109"; ALLOCATING FUNDS FOR SAID THIRD YEAR OPTION TO RENEW FROM SPECIAL REVENUE ACCOUNT NO. 13000.201000.534000; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY CONTRACTS, AMENDMENTS, THE FOURTH AND FINAL RENEWAL, EXTENSIONS, AND MODIFICATIONS, INCLUDING WITHOUT LIMITATION, INCREASES IN CAPACITY AND INCREASES TO THE CONTRACT FUNDING WHICH MAY BE ADMINISTRATIVELY APPROVED BY THE CITY MANAGER SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING, WITHOUT LIMITATION, THE CITY'S PROCUREMENT ORDINANCE, ANTI- DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. =10ED&Iivil=1019001iri1 =1;;E;aF:151Ic This matter was ADOPTED WITH MODIFICATION(S) on the Consent Agenda. Note for the Record: For minutes referencing Item CA.4, please see "Public Comment Period for Regular Items, " "End o f Consent Agenda, " and Item NA. 1. CA.5 RESOLUTION 3825 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Public Works EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN SUBSTANTIALLY THE ATTACHED FORM, TO FACILITATE THE INSTALLATION AND MAINTENANCE OF NON-STANDARD IMPROVEMENTS WITHIN THE STATE ROAD RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF STATE ROAD ("SR") 5/UNITED STATES HIGHWAY 1 ("US -1 ")/SOUTHEAST 4TH STREET/BISCAYNE BOULEVARD WAY FROM SOUTHEAST 3RD AVENUE TO SOUTHEAST 4TH AVENUE, MIAMI, FLORIDA, AS STATED HEREIN. ENACTMENT NUMBER: R-18-0131 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.5, please see "End of Consent Agendu. " City of.11haini Page 30 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 CA.6 RESOLUTION 3826 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Department of EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT, Public Works IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR BEAUTIFICATION IMPROVEMENTS TO STATE ROAD ("SR") 5/UNITED STATES HIGHWAY 1 ("US -1 ")/SOUTH DIXIE HIGHWAY FROM SOUTHWEST 22ND AVENUE TO SR-9/INTERSTATE-95 (1- 95") ("PROJECT"), WHICH PROJECT ENTAILS WORK ON THE STATE HIGHWAY SYSTEM, PROVIDING FDOT GRANT FUNDS TO THE CITY'S DEPARTMENT OF PUBLIC WORKS IN THE AMOUNT OF FIFTY ONE THOUSAND ONE HUNDRED ONE DOLLARS ($51,101.00) FROM FINANCIAL PROJECT NO. 442799- 1-74-01, WITH THE CITY'S MATCHING FUNDS OF SIXTY SEVEN THOUSAND FIVE HUNDRED FIFTY FIVE DOLLARS ($67,555.00) TO BE USED FOR ITEMS ALLOWED BY SECTION 339.2405(11), FLORIDA STATUTES; ALLOCATING FUNDS FROM ACCOUNT NO. 13000.201100.534000.0000.00000. ENACTMENT NUMBER: R-18-0132 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.6, please see "End of ConsentAgenda. " CA.7 RESOLUTION 3827 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Public Works EXECUTE A LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR BEAUTIFICATION IMPROVEMENTS MADE TO STATE ROAD ("SR") 972, ALSO KNOWN AS SOUTHWEST 22ND STREET OR CORAL WAY, FROM SOUTHWEST 37TH AVENUE, ALSO KNOWN AS DOUGLAS ROAD, TO SOUTHWEST 12TH AVENUE, ALSO KNOWN AS SR -933, ("PROJECT"), WHICH PROJECT ENTAILS WORK ON THE STATE HIGHWAY SYSTEM, PROVIDING FDOT GRANT FUNDS TO THE CITY'S DEPARTMENT OF PUBLIC WORKS IN THE AMOUNT OF SEVENTY TWO THOUSAND FIVE HUNDRED DOLLARS ($72,500.00) FROM FINANCIAL PROJECT NO. 442797-1-74-01 WITH THE CITY'S MATCHING FUNDS FOR THE SAME AMOUNT TO BE USED FOR ITEMS ALLOWED BY SECTION 339.2405(11), FLORIDA STATUTES; ALLOCATING FUNDS FROM ACCOUNT NO. 13000.201000.534000.0000.00000. ENACTMENT NUMBER: R-18-0133 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 7, please see "End of Consent Agenda. " City of.11haini Page 31 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 CA.8 RESOLUTION 3912 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND Office of the City ON BEHALF OF EMELIA TORRES ("TORRES"), DANIEL BOSCH Attorney ("BOSCH"), SHAQUANDRA TAYLOR (`TAYLOR"), SHEMEKA MCCOY ("MCCOY), AND THEIR COUNSEL THE TOTAL SUM OF $235,000.00, PAYABLE IN THE AMOUNTS OF $145,000.00 TO TORRES, $10,000.00 TO BOSCH, $40,000.00 TO TAYLOR, AND $40,000.00 TO MCCOY, FOR THE EXECUTION OF SEPARATE SETTLEMENT AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SETTLING WITH THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS ARISING IN AND FROM THE CLAIMS AND LAWSUITS FILED IN MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 16-15894 CA 31 AND MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 16- 29236 CA 31, WITHOUT ADMISSION OF LIABILITY AND UPON EXECUTING SEPARATE RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS NEEDED FOR SAID PURPOSE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. ENACTMENT NUMBER: R-18-0134 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.8, please see "End of ConsentAgenda. " CA.9 RESOLUTION 3830 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners CODESIGNATING SOUTHWEST 10TH STREET FROM and Mayor SOUTHWEST 12TH AVENUE TO SOUTHWEST 14TH AVENUE, MIAMI, FLORIDA "CALLE DE LAS PRESAS POLITICAS CUBANAS" PURSUANT TO SECTION 54-137, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); FURTHER AUTHORIZING THE PLACEMENT OF A MARKER DESIGNATION IN THE PUBLIC RIGHT-OF-WAY LOCATED IN THE MEDIAN AT THE INTERSECTION OF SOUTHWEST 10TH STREET AND SOUTHWEST 13TH AVENUE TO HONOR THE FEMALE POLITICAL PRISONERS OF CUBA, OR "LAS PRESAS POLITICAS CUBANAS," PURSUANT TO SECTION 54-136(1) OF THE CITY CODE, SUBJECT TO ALL APPLICABLE PERMITTING REQUIREMENTS; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-18-0135 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.9, please see 'Public Comment Period for Regular Item(s), " "End of ConsentAgenda, " and Item NA. 1. City of.Whan i Page 32 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 END OF CONSENT AGENDA Chair Hardemon: What the Chair would like to do is entertain a motion to pass the CA (Consent Agenda) agenda, the PH (Public Hearing) agenda, and the RE (Resolution) agenda. Of course, we can have some discussion, as we typically always do. Vice Chair Russell: I'll make a motion, Mr. Chairman. I do have some amendments and comments. Chair Hardemon: And make sure those amendments are placed on the record, so let's go through your amendments now. Vice Chair Russell: On PH. 3, would you like to take that at the same time as the CA agenda? Chair Hardemon: Yes. Lice Chair Russell: Okay. Chair Hardemon: It's all there. T ice Chair Russell: On PH.3, I --just a quick comment. I'm nota sailor. I'm a kite surfer, which is a sailor who can't afford a boat. And actually, I've been sailing once, and that was a month ago. I was invited out on a sailboat. I thought it was going to be spectacular, on somebody's yacht. It's a thing called an 'X dinghy, " and it's about the size of my bathtub, and we almost died, but we had the best time of my life. The tiller broke off- there was blood. We got in last place in the Washington Regatta, and I really loved it. I love what you all do. I love what you all bring to the community. I feel strongly enough to co-sponsor this item; please put that on the record. But there is one thing, and this is an amendment I'd like to proffer: Since the very beginning when this lease idea came up a couple years ago, I was speaking with the tenants, and I really would like to see more public access. I really believe, as a city CS (civic space) park space, it should be -- it should feel very accessible to the public, and when you do drive by, it doesn't necessarily feel that way. There is a strip of grass on the north side of your property -- or our property that you lease -- between the mangroves and the fence, and this strip of grass could be a very accessible way for the public in Kennedy Park to get to the existing public dock at the end of your property. My amendment would be to ask that you would adopt this piece, which is already on your platted land, to maintain it and provide signage for public access, so if anyone wanted to launch a kayak or a paddleboard, they would know and recognize that that's publicly accessible. That's all I have on that item. Chair Hardemon: So that's the amendment? Commissioner Reyes: Mr. Chairman -- Chair Hardemon: The amendment is to the actual -- Vice Chair Russell: To the lease. Chair Hardemon: --modification of the lease. Commissioner Reyes: Mr. Chairman? Chair Hardemon: You're recognized. Commissioner Reyes: I have a comment, also, on PH. 3. I would like to see -- I mean, I have this question: Do you have any programs for underprivileged City ofMiami Page 33 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 children? Because I would like to see you have -- or try to initiate like a summer program for underprivileged children, for them to also be able to enjoy sailing and to learn sailing, also, so they don't have a boat, because they don't have the money to buy the boat, and they won't have $30 to be a member. So I will -- really will encourage you guys to include a summer -- at least a summer program for underprivileged children. Chair Hardemon: So I'll take that as a modification, as well, to whatever the agreement is. Do you want to speak -- Unidentified Speaker: I want to thank -- Chair Hardemon: -- are you here to represent --? Tell me, why are you standing at the lectern? L icky Leiva: Good afternoon. Commissioner Gort: Motion. Ms. Leiva: b icky Leiva. I'm joined by JavierAvino and Mr. Al Dotson, my partners from Bilzin Sumberg, on behalf of the sailing center. And, yes, we've had these programs -- Chair Hardemon: I thought these were poor people. Ms. Leiva: Well, we're really committed to this one and it's really --I mean, I cannot begin to explain what you have heard here; the testimony you have heard today. But, yes, those are two modifications that my client will accept, gladly. And for the record, we've been doing it for years. In fact, when the City of Miami's pro -- stopped doing the program at I irrick Gym -- Commissioner Gort: Motion. Ms. Leiva: -- it was the sailing center that took over that -- Chair Hardemon: Not yet. Ms. Leiva: --program and continued to -- Chair Hardemon: (UNINTELLIGIBLE) move it. Ms. Leiva: -- run it for the Parks Department. So we will coordinate with the Parks Department to make sure that that occurs. Chair Hardemon: Thankyou. Commissioner Reyes: Okay. Chair Hardemon: Mr. Mayor, you'd like to be recognized? Mayor Francis Suarez: Yes. Thank you, Mr. Chair. I just want to speak in favor of the item. I grew up sailing in this bay with the City of Miami Sailing Camp, and I can attest to what Ms. Leiva just said. You know, I can tell you, having a view of this incredible bay from upstairs, which I just recently was granted by the citizens of the City of Miami, that I'm reminded every single day of how much joy and fun I spent out there as a child. And so -- Commissioner Reyes: That's what I want every single children [sic] to have. City ofMiami Page 34 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Mayor Suarez: I agree, a hundred percent, and that's why I support that amendment, as well, because I think -- you know, what I love about the Commissioner is that he's always thinking about the kids in our community. And so, I was blessed, but there were marry people that went to that program that didn't have the means that my family and I had, so I totally agree with his sentiments. Chair Hardemon: Thankyou very much. I also want -- Commissioner Gort: Mr. Chairman. Chair Hardemon: -- the record to reflect that for RE.1, there's a substitute agreement that was entered into the record, so that's a part of the motion that has not necessarily been seconded yet; so the motion to approve the CA, the PH, and the RE agendas. b Ice Chair Russell: And the RE agenda. ChairHardemon: Correct. Commissioner Reyes: It's got -- Mr. Chairman? Vice Chair Russell: Mr. Chairman, I said, "one other amendment. " Chair Hardemon: Okay. What's your other amendment? Commissioner Reyes: On RE. 7, with regard to the Olympia Theater, I would like to add within the "whereas" clause -- let's make sure I did it right. "Whereas the Olympia Theater is a historic property in the City of Miami, it is worthy of comprehensive preservation." And below, in the "therefores, " that we add the phrase, "with priority and emphasis to be placed on historic preservation, " because Mr. Fritz is absolutely correct, the -- I believe that the lack of emphasis on preservation is important. It should be noted, and it should be included in the resolution. And I would like just to take a very brief moment to thank the board of the Olympia Theater, who stepped in. Herman Echeverria, who is no longer with us, his passion, his money, his board saved that theater at a very dark time when the City may have lost it. We haven't always been the best steward of our properties, especially our cultural ones, but we're learning -- Commissioner Reyes: Yes, sir. Lice Chair Russell: -- and we're learning when to partner together with those who can help us. This is just an exploratory action that I hope my fellow Commissioners will support to see ifMiami Dade College could be a potential partner with us on the future of the Olympia Theater, and I really will be looking to bring the 15 to $20 million from the bond to make sure that the City, as landlord, does our part to fix the fagade and get it to the state it needs to be in, in a future agenda. Chair Hardemon: Okay. ['ice Chair Russell: That's it. Mayor Suarez: Mr. -- Commissioner Carollo: What number is this that he was talking about? ChairHardemon: He was describing RE. 7. Commissioner Reyes: RE. 7. City ofMiami Page 35 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: RE. 7? Commissioner Reyes: I would -- but, I mean, we are -- you proposed to -- approval of all the CAs? Chair Hardemon: Correct. Commissioner Reyes: But I have -- I'm requesting some changes. Mr. City Attorney, remember that in our meeting, I requested that there be some modification -- BarnabyMin (Deputy City Attorney): Yes, sir. Commissioner Reyes: -- to the paragraph that said, "without limitations. " Chair Hardemon: Which item? Commissioner Reyes: "Without limitations. " Mr. Min: I believe it's CA.3 -- Commissioner Reyes: CA.3. Mr. Min: -- CA.4 -- Commissioner Reyes: CA.4. RYiAiYl 811KM Commissioner Reyes: Mm-hmm. Mr. Min: -- PH. 5, RE.3, RE. 4, and RE. 5. Commissioner Reyes: I am requesting that that be struck down so we don't give that unlimited power to anybody, you see. Chair Hardemon: What do you mean by "unlimited power"? What was he describing? Commissioner Gort: What is the amendment? Mr. Min: The legislation -- and I'll, of course, defer to Procurement -- but the legislation, as currently drafted, allows the City Administration to make modifications to the agreements without the need to come back to the City Commission. And I believe the Commissioner was concerned about that unfettered power being given to one individual. And so, I believe the Administration is fine with allowing for extensions, modifications, renewals to be done administratively, but any other types of modifications or any other -- going beyond what -- the intent of the agreement, that would have to come back to the City Commission. Chair Hardemon: Okay. That makes good sense. So that would be your modifications to those items? Commissioner Reyes: That's right, that's right. Chair Hardemon: And if you second, it'll be a second for not only the motion that was made, but also with the modifications. Commissioner Reyes: Yes. I second. City ofMiami Page 36 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Mr. Min: Mr. Chairman, I believe Commissioner Carollo may also want to be known as the co-sponsor of CA. 9, which is the street co -designation. Commissioner Reyes: All right. Commissioner Carollo: That's correct. That's in my district. Commissioner Reyes: It is his street. I asked him for it. It's his street, and he was graceful to give it to me. Chair Hardemon: He's recognized he has that right. Commissioner Carollo: The monies, even though I understand are coming from District 4 -- Commissioner Reyes: Yes. Commissioner Carollo: -- if there is any additional needs or if there's a shortfall, I will gladly provide it from my district. Commissioner Reyes: Thank you, sir. Chair Hardemon: Okay. I have a question regarding the Camillus House Shelter Program, so RE. 1. I've always -- I found this kind of interesting. So Camillus House is within -- it sits within my district, and borders our District 1. So I'm sure he agrees with me that -- I guess I'll just put it the way that I've always said it. They haven't been a good neighbor to the people that live in the area. And what I mean by that is that the people who tend to frequent Camillus House, they -- I mean, they're -- I mean, you've had camps that are pitched out just across the street from -- or diagonal from Camillus House, and Miami -Dade County, the Women's Jail Annex. We've had just a lot of different issues, where -- here we are with the City of Miami and the CRA (Community Redevelopment Agency) has put all this money into this facility to ensure that people have an opportunity to have decent housing and services, and it treats the neighbors terribly, because we're not getting -- at least I haven't seen anyone from Camillus House that goes out, and just in that immediate area, and ensures that the area is well kept, that it is clean, it is neat; that people who are visiting Camillus House, if they are or if they're not, are not violating the laws of the City of Miami, and just putting just an unnecessary damper on that corridor. And so, when I look at this resolution -- of course, the City of Miami has always been supportive of giving dollars to help with this issue; however, it comes to my mind, why is there an additional cost of providing beds that are already there, available to the City of Miami? Why do we have to pay additional dollars to have space that's not being newly created, but it already exists? That's the first question. Now, if this is just being used as a means to get additional dollars from the City, and the City agrees with giving additional dollars, that's fine. I understand that, but I just want to know the truth about it. I understand what Pottinger is and how it relates to how we use our -- the resources. But if this is to be a Pottinger bed, that means we're just paying to have space that is available so that officers know that there are beds available when they approach someone to ask them for a space, instead of them having to call and keep -- and find out for themselves, or keep some sort of tally of it. And, you know, and another thing I would say is that if our officers -- not just the Pottinger Team -- but if our officers are reluctant to approach individuals that they perceive to be homeless to ask them do they want a place to go so that we can make our streets more accessible to its residents, so they can walk down the sidewalks without having to step into the street; so that children aren't passing by used needles and picking up drugs on the street and ingesting them and passing away in our communities, and aren't creating, really, havens for drug sales on our public streets, if officers aren't making that approach, then even this City ofMiami Page 37 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 $700, 000 is not going to solve this issue or create really -- and assist for the issue. Commissioner Gort. Commissioner Gort: I have a lot of problem with that area. We get complaints constantly. And my understanding is, when we agreed to the settlement and the amendment we made to the Pottinger, it was to be picked up and to be used by the City of Miami officers and our Homeless Trust to give these individuals an opportunity and get them off the streets, and get them to the right place. And I think it's something that -- we have a lot of problems in that area; he has it on his side and I have it on my side. ChairHardemon: Yes. Commissioner Carollo: But it's not just in that area. And the questions, Chairman, that you are asking is what I asked staff yesterday when they were briefing me. And I asked the question half kidding/half not, "How many times are those beds being sold?" I wanted to make sure that we were going to have 75 beds. But the problem that you're talking about is one that's really affecting many of our districts. You know, it's a -- I know you're getting the brunt of it where you're at; Commissioner Gort is secondary, but District 3 is getting a lot of it, too. Commissioner Gort: We all see this. Commissioner Carollo: And I see it that there's a major problem with enforcing our laws. And now, with the strong Manager initiative that was sent to us, they don't even want us to send the Charter -allowable areas that we could do, send requests from citizens to directors for us to even ask questions to get our residents some relief. So what you're asking is something that I think affects many of us, and we probably should get -- and he's a good guy; I've known him since I was 18 -- the chairman, Mr. Book over here, so we could get some real answers, because staff, you know, is going to, you know, do a hat and song dance here and tell us whatever they think we want to hear. But the person that can at least put his face down and is the ultimate person for that trust is responsible is the chairman of the trust, and the executive director is secondary. So I think we need to get some higher authorities there to come here to guarantee us that they're going to do something on what you're asking. Milton I ickers (Senior Advisor to the City Manager, T): Mr. Chair, if I can? The agreement that you have before you basically sets aside 75 beds that -- Chair Hardemon: Can you announce yourself for the record, please? Mr. bickers: I'm sorry. Milton Tickers, Senior Advisor to the City Manager for Community Investment. The Camillus House agreement primarily sets aside 75 beds for our police officers and homeless outreach personnel to put individuals in who are willing to accept shelter. That comes under the Pottinger Settlement that the City had -- I believe it goes back to 1998 or so -- that basically requires or limits the ability of law enforcement to address certain misdemeanor issues as it relates to the homeless in the City of Miami. Now, we are the only municipality or jurisdiction that comes under the Pottinger Agreement -- ChairHardemon: Yeah. Mr. bickers: -- which, in turn, makes us the centerpiece for homelessness by other law enforcements in other municipalities in the City. The 75 beds, however, provides an opportunity for individuals who are willing to receive the wrap-around services from probably one of the finest facilities and organizations in South Florida, and that is Camillus House. Now, Mr. Chairman, as it relates to them being good neighbors, in the last month, we've met with Camillus House. In the construction of City ofMiami Page 38 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 that facility, there was a covenant that basically required them to patrol up to a thousand feet of that facility, which would keep individuals from loitering in the area. And I can tell you, in the last 30 days or so, 7th Avenue has been relatively clean, across the street and to the north of it. On the south side -- on the south of Camillus House, on 7th Avenue, under 836, it's still an issue, and that's County property. It's right in front of the Women's Detention Center. That's still an issue. 17th Street, which is in Commissioner Gort's district, we've addressed that in the last two months or so. That has been relatively clear, but I can tell you, many of the areas, including those in Commissioner Russell's district, and Commissioner Carollo's district at Jose Marti, those areas have been relatively cleared out. The Police Department has been patrolling them. The problem becomes they move from one place and you are dislocating them, and you're putting them in another location. Chair Hardemon: You know, but the -- I think the common misconception -- or the main issue that -- one of the things that I've been discussing with people when I talk about this issue is that we create an umbrella -- We use the term, "homeless, " and undoubtedly, those who visit Camillus House are probably homeless. But "homelessness" or "homeless" has a definition under the Pottinger. "Homeless, " it means something; it's just not because you see someone in a tent that they're homeless. I mean, there's a bit of inquiry that needs to be done to determine whether or not someone is homeless. And what I've found is that in the areas that I represent that people aren't engaging enough to determine that. So what I found is that you have individuals that are using illegal substances that are dying on the streets of the neighboring neighborhoods, because officers aren't approaching them and asking them are they homeless. Officers aren't engaging to see if they can be, in fact, moved, because one individual might -- can avail them self of Pottinger, but the next one may not. So if we find that this person is engaging in illegal misdemeanors on our public swales, or/and they're engaging in --just in -- what? -- and they're not -- and it falls under Pottinger, and they're not covered by Pottinger, then they can be removed from that area. And so, you know, when I see these areas that are -- have become prolific for drug activity, what I'm seeing is the pitching of tents, et cetera, for people to just engage in an activity, and they're not stopped, you know. And so, it's very, very simple. There are areas within my district that if I said -- if I were a homeless guy and I didn't want to be bothered, and I just want to stay and be -- and just exist that are perfect; that are a thousand feet away from where they actual -- where most of them actually are. And where most of them actually are, there are many people who are just on the street and near areas where I know there's traffic, high drug -traffic areas. They're there because they can buy, use, and reuse drugs in that space, and they're rarely moved. There's -- there are two homes that are in Overtown, and I always have trouble naming the streets. There -- they are -- there's a church -- no -- there's a home that burned down, there's a home that burned down, see. It would be north of 14th Street, so maybe about 15th Street; and it would be east of 3rd Avenue, so maybe about 2nd Avenue. There are two homes that are there. I watched a woman body -- they had -- next to the home -- north of those homes was a -- is a patch of land; more than one patch, actually. The grass had overgrown past the height of the tent. And I noticed it because where I -- we were out riding around, and we saw the grass that was high. And then, after looking at the grass, we realized that there were tents in there; maybe about three or four tents. A woman overdosed and died there. The people who were around there were allowed to walk away. They know that she overdosed, because the individuals that were there said that she overdosed. To me -- and I'm not a law enforcement officer - - I would have thought that, who are we to take the words of someone next to her that says that she overdosed voluntarily when it could have been one of them that actually put something in her system or drugged her, so something like that? So there was more investigation that could have been done there. But there were -- they were directly next to someone's home. Now, the question is, so are they homeless? Are they engaged in activity that's covered by Pottinger? Nonetheless, they were allowed to exist next to this woman's home, a woman -- she's probably in her 90s now, 80s or -- she's probably in her 90s now; and then, the next house is a gentleman City ofMiami Page 39 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 that's probably in his 40s or 50s that have been long-time residents of Overtown. Now that that's gone, just to -- south of her house, which would be the south of his house, there's another encampment that's being made just there. People shouldn't have to live like that. And then south of the street there, there's -- that's where they -- the most of the drug activity is. If you go there right now, right now, I guarantee you, it looks like "New Jack City, " the cars and all of -- you know, people -- you got smart phones now (UNINTELLIGIBLE)that can look that up, what it looks like, right? The people in "New Jack City" in the car weren't homeless. Mr. Vickers: Mr. Chair, I would tell you that the Pottinger Agreement or Pottinger Settlement, drug use is not covered -- ChairHardemon: It's not covered. Mr. Vickers: -- under it. ChairHardemon: Right. Mr. Vickers: And therefore, that should never be allowed. Now, I -- Chair Hardemon: But this is -- but that's the issue. So what I'm saying to you is that, Mr. Manager, what I've noticed is that I -- Okay, I'll give you an example. I've stood on 3rd Avenue where the OPAC is, where -- the Overtown Performing Arts Center -- so that's about 11th Street and 3rd Avenue. And I've looked westbound. Westbound (UNINTELLIGIBLE) there, we have Range Park that's closed, and on that street, there is a -- there tends to be a lot of individuals that are -- that have beds on the street, on the sidewalk there that are encamped right there. And I watched as an officer -- because every time I pass by, I slow down and look at what they are doing. I want to know what they are doing, because they have things hung up on the fence. You know, are they using drugs? Are they taking down pieces of the fence to make things for their glass pipes to use drugs? I don't know. But I watched an Officer drive by, and I wondered, was he going to even slow down. Did he slow down? You think you saw a brake light? No. Officer kept going. And so, what that rreans tome is that they're not engaged. They don't care. It's that a --it's not their responsibility. The only people that care are the people that live in the neighborhood, and then the people that are living in the neighborhood are not getting the service that they need. And so, here we are, giving another $700, 000 to someone who I perceive to be not a good neighbor, where we've given money to them in the past, and the issue still persists. So I --you know -- Mr. V ickers: Mr. Chair, I can tell you that their recidivism rate at Camillus is very small for individuals who actually accept help. I think they've been very responsive to that group of clientele. But there is another sub -group of clientele who will never accept shelter -- or at least haven't gotten to that point as of yet. Plus there's a group of individuals who are addicted. We have asked recently from the Fire Department -- in fact, as recently as yesterday -- to give us a breakdown of calls as relates to opioid calls in the Overtown and the downtown area. In the last 60 days, I would say, we have had a real push in terms of trying to address our homeless issues in various areas that we're calling "hot spots" around the City. But we've continued -- we've done that under the guise of the Pottinger Agreement. We've -- staff and Police have attempted to also maintain -- assist the homeless in maintaining some degree of dignity, but by the same token, trying to enforce whatever laws and regulations that we have in the City. It's a difficult task. However, there are certain things that's going on that have taken place in various areas around the City that's completely unacceptable. Drug use and drug paraphernalia left in public parks is a public health hazard. I can tell you, I've had these conversations with the Manager, and the Manager has taken the position that these things are unacceptable; and therefore, our law enforcement and our homeless outreach began to address that. To me, personally, they're unacceptable. Children are curious beings. To find -- or City ofMiami Page 40 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 for a child to run across something that's an unintended [sic] bag or a trash bag that may very well have Fentanyl baguettes or hypodermic needles is just unacceptable anyplace in our city, and we're working to try to address that. Commissioner Carollo: Chair, if I may? Chair Hardemon: I want to -- Commissioner Gort, and then I'll come back to you. Commissioner Gort: Mr. Chairman, the problem what's happening is a lot of people are using the Pottinger Agreement to commit criminal activities. Chair Hardemon: Yes. Commissioner Gort: So that's where you're coming in, which is the difference between who is a homeless and who is a criminal, and using the law to protect himself. That's -- Commissioner Carollo: Yeah. I'm going to talk about why we have these problems more in depth, briefly, but I'm also going to talk about what this City should do now so that we can try to move and resolve this quickly. I've taken a lot of time going into not just my district, but going into some of the adjacent districts; downtown, and particularly, more into your district. And what you have out there is not 800 people that are so-called homeless; you have several thousand. I even took the Manager out one night in my district, and all through the downtown area briefly, so he could see the reality, and there were hundreds of people. Now, I've taken the time to stop and speak to a lot of the people that are sleeping out there, and what I have found is that somewhere between 80 to 90 percent of the people that are so-called homeless are not from Miami; they're from somewhere else that either were sent in a bus to us by another agency all over the country, because everybody in America knows that, hey, Miami's the place where we could dump them, get rid of our problems. They get free food; they even know the menu from day to day. And it's sunny weather most of the year, and nobody can mess with you. Besides that, I would venture to say that over 50 percent -- and that might be a conservative number -- of those people are addicts; either to drugs, alcohol, or both. So it's a real problem. Everywhere, you have these encampments. Everywhere, you have evidence of drug use. And what is happening in the City of Miami, that because of the lack of enforcement, the lack of us taking action throughout the years, this has been compounded to the point of what we have today. When I was Mayor, we had the same Pottinger Act, but we acted; that's why it didn't get out of hand. We had the same laws, so nobody could tell me that we had a different set of laws and we couldn't act. We acted, and we had control of the situation. I'm not going to tell you everything was perfect, but we had control of the situation. But it's been out of control. City ofMiami Page 41 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 PH - PUBLIC HEARINGS PHA RESOLUTION 3777 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE TRANSFER OF Community and COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN Economic THE AMOUNT OF $968,204.00 FROM THE DEPARTMENT OF Development CAPITAL IMPROVEMENT PROGRAM TO THE AGENCIES AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0138 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PKI, please see "Public Comment Period for Regular Item(s) " and "End of Consent Agenda. " PH.2 RESOLUTION 3778 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF Community and PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK Economic GRANT ("CDBG') FUNDS GENERATED FROM SEPTEMBER 1, Development 2017 TO JANUARY 31, 2018 IN THE AMOUNT OF $361,620.87 TO THE CATEGORIES SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). ENACTMENT NUMBER: R-18-0139 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note ./or the Record: For minutes referencing Item PK2, please see "End of Consent Agenda. " Cin, gfl halni Purge 42 Printed on 05 '2.52018 City Commission Meeting Minutes April 12, 2018 PH.3 RESOLUTION 3631 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), PURSUANT TO SECTION 29-D OF THE Estate and Asset CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Management AUTHORIZING THE CITY MANAGER, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND TO EXECUTE A LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY') AND UNITED STATES SAILING CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE USE OF A PORTION OF CITY -OWNED WATERFRONT PROPERTY LOCATED AT 2476 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, FOR A TERM OF FIFTEEN (15) YEARS WITH TWO (2) ADDITIONAL FIVE (5) YEAR OPTIONS TO RENEW, FOR THE GREATER OF TWO THOUSAND TWO HUNDRED FIFTY DOLLARS ($2,250.00) OR TWELVE PERCENT (12%) OF GROSS REVENUES PER MONTH, INCREASED ANNUALLY BY THREE PERCENT (3%), RESERVING ALL AIR RIGHTS FOR FUTURE CITY BUILDINGS, ALL RIGHTS TO SUBMERGED LANDS FOR FUTURE CITY BOAT SLIPS AND MARINAS, AND ALL RIGHTS OF ACCESS TO THE LEASE PROPERTY WITH ADDITIONAL TERMS AND CONDITIONS CONTAINED IN THE LEASE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Carollo, Reyes NAYS: Russell. Gort Note for the Record: Item PK3 was continued to the May 10, 2018, Regular Commission Meeting. For minutes referencing Item PK3, please see "Order of the Day, " 'Public Comment Period for Regular Item(s), " "End of Consent Agenda, "and Item NA.1. Cin, gfllimni Purge 43 Printed on 05 '25 2018 City Commission Meeting Minutes April 12, 2018 PH.4 RESOLUTION 3678 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Fire- ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Rescue VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS ATTACHMENT "A," WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING MAINTENANCE AND REPAIR SERVICE OF THE BAUER SELF-CONTAINED BREATHING APPARATUS (SCBA) COMPRESSOR SYSTEM ("SYSTEM") FOR THE FIRE -RESCUE DEPARTMENT ("FIRE - RESCUE"), FROM COMPRESSED AIR SUPPLIES & EQUIPMENT, INC., A FLORIDA PROFIT CORPORATION, THE SOLE AUTHORIZED SERVICE DISTRIBUTOR OF THE SYSTEM; ALLOCATING FUNDS FROM THE DEPARTMENT OF FIRE RESCUE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, INCLUDING WITHOUT LIMITATION, INCREASES IN CAPACITY AND INCREASES TO THE CONTRACT FUNDING WHICH MAY BE ADMINISTRATIVELY APPROVED BY THE CITY MANAGER SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING, WITHOUT LIMITATION, THE CITY'S PROCUREMENT ORDINANCE, ANTI- DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0140 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PK4, please see "End of Consent Agenda" and Item NA. 1. City ofll=han i Pa -e 44 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 PH.5 RESOLUTION 3755 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Police VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS ATTACHMENT "A"; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF THE H -CARE PROGRAM FOR PARTS BY THE HOUR FOR THE MIAMI POLICE DEPARTMENT ("MPD") HELICOPTER FROM AIRBUS HELICOPTERS, INC., THE SOLE AUTHORIZED DISTRIBUTOR FOR AIRBUS AIRCRAFT PARTS; ALLOCATING FUNDS FROM THE MPD, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY CONTRACTS, AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, INCLUDING WITHOUT LIMITATION, INCREASES IN CAPACITY AND INCREASES TO THE CONTRACT FUNDING WHICH MAY BE ADMINISTRATIVELY APPROVED BY THE CITY MANAGER SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING WITHOUT LIMITATION, THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0141 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PKS, please see "End of Consent Agenda" and Item NA.1. City ofll=han i Page 45 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 PH.6 RESOLUTION 3869 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "JUSTISON Public Works SUBDIVISION," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-18-0142 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon. Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PH.6, Please see "End of ConsentAgenda. " PH.7 RESOLUTION 3776 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Off -Street Parking VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, Board/Miami APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, Parking Authority ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING ("MOU"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE DEPARTMENT OF OFF-STREET PARKING D/B/A MIAMI PARKING AUTHORITY AND SKATE FREE, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO FUND A PORTION OF THE SKATE PLAZA PROJECT IN DISTRICT 2 IN AN AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS ($600,000.00) TO BE EXPENDED IN ACCORDANCE WITH THE TERMS OF THE MOU TO CONVERT A PARKING LOT AREA INTO A MIXED-USE SKATE PARK AND GREEN SPACE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0143 City ofll=han i Page 46 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PH. 7, please see 'Public Comment Period for Regular Item(s) " and "End of Consent Agenda. " END OF PUBLIC HEARINGS Cin, gf1licnni Purge 47 Printed on 05 25 2018 City Commission Meeting Minutes April 12, 2018 SR - SECOND READING ORDINANCES SRA ORDINANCE Second Reading 2889 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 42/ARTICLE IV/DIVISION 3 OF THE CODE OF THE and Mayor CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "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: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell. Gort. Carollo. Reyes ABSENT: Hardemon Note for the Record: Item SRI was continued to the May 10, 2018, Regular Commission Meeting; including a request by the City Commission to schedule a workshop on booting, towing and valet parking within the next thirty (30) days. For additional minutes referencing Item SRI, please see "Public Comment Period for Regu tar Items) " and Item NA. 1. Chair Hardemon: Calling the April 12, 2018 meeting back into order. What I'll do first is bring up SR.1. Madam City Attorney, may you read it into the record, please? Victoria Mendez (City Attorney): Is the 2 p.m. PZ (Planning and Zoning) item --? Chair Hardemon: No, no, no; SR.1. Ms. Mendez: Got it. Thank you. Chair Hardemon: You're good, good. The Ordinance was read by title into the public record by the City Attorney. ['ice Chair Russell: I'd like to move it. Chair Hardemon: Been properly moved and seconded that we approve the item. Arty further discussion? Vice Chair Russell: Yes, yes, please, and perhaps an amendment. Chair Hardemon: You are recognized, sir. Lice Chair Russell: Thankyou, Mr. Chairman. IfMr. Rose is available, he might be able to help out here, because, really, what we're talking a lot about is the per -boot City ofMiami Page 48 Printed on 0512512018 City Commission Meeting Minutes April 12, 2018 fee with regard to booting in the City. I would like to get the City out of the business of the per -boot fee, where the City is not getting paid by the resident, and we're keeping the price down as much as possible. My amendment would be to have a $50 gross to the hooter that does not go above that amount, and that the City charge every booting company a minimum base fee, plus a percentage of their revenue for the year. I've been waiting and asking for many, many months for a formula of how we get to that base fee that takes us out of the per -boot fee. If we can come to that today, I'm a "yes" vote on this, and I'm ready to go. Commissioner Reyes: Through the Chair. ChairHardemon: Yes. Commissioner Reyes: Yes. I just would like to include an amendment that --it's a friendly amendment. You see, we -- well, I am very concerned about predatory booting. Vice Chair Russell: Mm-hmm. Commissioner Reyes: 1 ery concerned. And to that effect, I am trying to include some electronic -- I would say some electronic notification to those people that are being -- that park in places that they used to -- they boot. And the -- what I'm trying to include is, just as you are notified when you pay by phone, you see, that the parking lot operator, they will notify the person that parks 15 minutes before the -- their time expire; and then, that will give them time either to come and increase the time, or do it electronically. And on top of that, provide for 30 minutes grace, you see, because I have heard so many horror stories about people just waiting with the boot in the hands, you see; just waiting with the boots in the hands, and waiting, and, "Oh, here it is, boot him. " And then, it gives way to predatory booting, and I think that we have to really protect the consumers and residents of the City ofMiami. Commissioner Gort: Isn't that part of the --? Vice Chair Russell: Is the 30 -minute grace period already in there? Commissioner Gort: Yeah. Vice Chair Russell: Did we put that in? I thought we did. Commissioner Reyes: No. Lice Chair Russell: Because if it's not, I would agree with that amendment, as well. Chair Hardemon: A 30 -minute grace period is a long time. I'll take it. Commissioner Gort: I thought we had that in. Lice Chair Russell: For the lack of technology, for what Commissioner Reyes is trying to achieve, because we may not have that, because a lot of the lots aren't even automated or computerized, or anything. Commissioner Reyes: Well, we don't give them the license, then. You see, we don't have to give a license. Commissioner Gort: They get contracted by the private sector. Commissioner Reyes: You see? Commissioner Gort: And it's a different ballgame. City ofMiami Page 49 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Reyes: I mean, I think that we have to protect against predatory booting, and/or predatory anything, you see; predatory, also, towing; and predatory booting is very important, you see. That's what we are -- and if -- and it is my opinion that it is our job to protect the consumers. Victoria Mendez (City Attorney): Right now, I don't believe we have the 30 -minute grace period; we can definitely put it in. Chair Hardemon: Wait a minute. The 30 minutes that I think everyone is reading is the amount of time for the immobilization of the booting service; that they must arrive within 30 minutes, basically, so you don't end up waiting around for a very long time before your boot is removed. I think that's what the 30 -minute period is. But, certainly, I mean, for that matter, I mean, you pay to park -- I mean, you go somewhere and you park, and you don't pay at all. You pay for five minutes when you really need 35, you know. Vice Chair Russell: (UNINTELLIGIBLE) too much. Chair Hardemon: So maybe a -- I think a notification is a good thing. Personally, I don't park places where they boot. I just won't park there, because I think it's deceptive. I think most of the people who own those lots, they -- their goal is to boot you. I just -- that's how I feel. It just so happens that I ended up being a City Commissioner, but I don't park there. So any opportunity that I have not to park in a place where they boot, I don't -- I take -- I don't take that opportunity. And in Wynwood, they've torn down lots of housing to make lots for people to park, and they implement booting. And so, you know, I don't park there, and I encourage people who are with me not to park there. But if you were talking a grace period that's fair to the consumer -- Well, first, I want to make a comment about your amendment. The fact of the matter is that you're going to give the operator the $50; however, you're going to be able to charge them for operating within the City a gross. That's kind of, basically, like what we're doing with waste. So I think that's a novel idea to make this work, and you're not in the business of actually collecting directly from the victim, if you will. But when it comes to the grace period, I mean, I'm not -- I wouldn't be so lenient with the grace period, just as fairness to the operator. Unidentified Speaker: (UNINTELLIGIBLE) 15? Chair Hardemon: Right. I mean, I'm a five- to 15 -minute kind of guy. I like -- No, I -- Say, for instance, if you have a 15 -minute notice that your thing is about to expire Vice Chair Russell: Yeah. Chair Hardemon: -- say five to 15 minutes -- say it's 10 minutes; whatever the notice period is. I'm not sure what that -- What does the MP -- Is anyone from the MPA (Miami Parking Authority) here? They know what the notices--? Commissioner Reyes: Yes. Chair Hardemon: Oh, the man from the MPA is here -- Commissioner Reyes: That's right. Chair Hardemon: -- not just anyone. What's the notice period, Mr. Noriega, when we receive that text message that, "Your meter is about to expire "? Mr. Noriega: You set the threshold; typically, it's five minutes. City ofMiami Page 50 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Chair Hardemon: It's five minutes. So, you know, I'm fine with a notice period that says, "Hey, you're about to expire. " Now, the difference is, is that with the MPA, I believe you can add more time on your device. Mr. Noriega: They can do it from where they're at, correct. Chair Hardemon: As compared to these sites, you probably have to get there. So that would say to me, maybe 10 minutes is more reasonable for that sort of thing, where you have to actually get back to your car. Commissioner Reyes: But 10 minutes, and the ability for you to increase, I mean, the time or pay extra, you see. Chair Hardemon: So you're basically saying, then, "Look, ifyou want to engage" Commissioner Reyes: (UNINTELLIGIBLE) that they have (UNINTELLIGIBLE). Chair Hardemon: Right. If you want to engage in booting, you're saying that you want to be able --things should be automated. That's what you're saying. Commissioner Reyes: That it should be automated. Chair Hardemon: But now, the difference, then, is what about, then, with towing? b ice Chair Russell: Well, before you go to towing, though, there's the other instance where there are lots that aren't counting by the hour; they just allow people to park for free if you're shopping there. And if they see you go off the lot, they boot you. Chair Hardemon: That's terrible, because, you know -- Commissioner Reyes: That'sterrible. ['ice Chair Russell: That's a rough one. Commissioner Reyes: That's a rough one. Chair Hardemon: That's terrible, because -- Commissioner Reyes: And also -- Mr. Noriega: Chair, could I just mention that -- Commissioner Reyes: Also -- let me say this. You see, some of these parking lots that you're referring to, they have everything similar that makes people believe -- Chair Hardemon: That they're a municipal parking lot. Commissioner Reyes: -- that it is from the Parking Authorities [sic], you see. I mean, you might believe that you're parking in one -- in a lot that belongs to the Miami Parking Authority. Chair Hardemon: Most of the time, it says, 'public parking"; that's why. Commissioner Reyes: That's right. Mr. Noriega: So -- Commissioner Reyes: And that have to be -- that have to change, also. City ofAliami Page 51 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Mr. Noriega: Well -- George Wysong (Assistant City Attorney, Supervisor): I just wanted to mention that in the draft ordinance, for unattended parking lot requirements -- so an unattended, where you're paying -- it is required to have a pay -by -plate system, so that's already in the ordinance. The only thing that's not in the ordinance is a 30 -day -- or -- I'm sorry -- Commissioner Reyes: A 30 -day, no. Mr. Wysong: -- a 30 -minute -- Commissioner Gort: Grace period. Mr. Wysong: -- 30 -minute -- Vice Chair Russell: Grace period. Commissioner Gort: Grace period. Mr. Wysong: --reduction or grace period (UNINTELLIGIBLE). Commissioner Reyes: And also, there is not included some sort of a notification, neither, you see. There's no notification, neither. Okay? I think that's the only way that we can protect from predatory booting. Chair Hardemon: So -- now, but the question I have -- and I don't know if you've seen this, Mr. Noriega -- but the -- I've been to other places where you park -- I've been to other cities where I've had to park in a place where they could immobilize you, and you can pay by the time -- by the hour or so -- but I'm not sure in the City of Miami if we're -- if we have a lot of that, or is it just you pay a flat fee, and then you can park? Mr. Noriega: It's both. Chair Hardemon: It's both. Mr. Noriega: It's both. It's -- all depends on the owner; all depends on the operator. The issue of notification, to sort of speak to that, you're going to have to require that they either implement a -- some sort of pay -by -phone technology, which is, obviously, more than one option for them there, and -- because a simple pay station, which is the other alternative they have, doesn't have the means to push out a notice or an advisory, because they don't communicate that way. So I'm not sure how the operators would feel. I mean, it would really limit them in terms of their ability to boot or -- you know, you can certainly put that requirement on them. I -- it might limit the amount of booting options available, because I'm not sure how many operators are going to be inclined to just use a pay -by -phone vendor. Chair Hardemon: It is -- but it's interesting. I mean, in -- and Commissioners, I don't know -- have you seen this in your district? -- but for the places that I'm describing when I talk about where I've seen the most booting technology in my district would be the Wynwood area. Like I said, the houses are torn down; they make it into private lots -- Mr. Noriega: A lot, yes. t'ery prevalent. Chair Hardemon: -- and then they turn into booting. Now, how long are these places --? My question always to myself is, has this now -- this home that was here City ofMiami Page 52 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 that's now been torn down is now turned into a parking site. You know, is that the best use of the land? Is that what we want to encourage in the City ofMiami? Mr. Noriega: Well, I think it's different everywhere. I think in Wymvood, it was a necessity, because Wynwood has such a limited geography that a lot of these little pocket lots sort of arose, because there wasn't a centralized parking, you know, of any massing there; now that's starting to come. There's a garage that's about to open up; there's another one under construction. The environment there is changing. I think a lot of those lots will start to filter away, because they aren't the highest and best use, by any means, (UNINTELLIGIBLE) wise. Chair Hardemon: Right. So -- and I know we have -- but east -- I mean, there -- I mean, there are lots that are almost -- they seem to be one continuous lot now that almost stretches a city block that is -- if you think about Brickhouse -- Mr. Noriega: Brickhouse? Chair Hardemon: Yeah. Mr. Noriega: Yeah. Chair Hardemon: Brickhouse. Everything east of that now, it's like it's just a -- it's a flat land for parking. Mr. Noriega: But that won't stay that way. That won't remain that way. That's never going to be a long-term use there, because the highest and best use there is a redevelopment opportunity, which will probably have parking embedded in it, because by zoning, it will require it. I think what's happened is Wymvood grew really organically and without the availability of a lot of infrastructure, so all of those little pocket lots became a means to sort of land bank land and generate some revenue from them in the interim, until you could redevelop. It's just -- they're just waiting out the redevelopment opportunity. Chair Hardemon: Yeah, but it -- aren't -- there are specific requirements, though, for parking lots in the City of Miami. I mean, I remember maybe 2013, 2014 or '15, where we added some new requirements. Are all of these -- Mr. Wysong: Yeah, lighting and stuff like that. Chair Hardemon: -- lots within that -- within the guidelines there? Mr. Wysong: Well, those -- that's separate regulation. This is -- Chair Hardemon: No, I understand that. Mr. Wysong: -- this ordinance just deals with hooters, and so -- however, it says that no hooter may operate on a parking lot unless it has a pay -by -plate system. Now, I guess we could change that to say, "a pay -by phone system. " Commissioner Reyes: That's right. Mr. Wysong: But my only question is, are there any private pay -by -phone systems? Mr. Noriega: Yeah. Commissioner Gort: Yeah. [-ice Chair Russell: Yeah. City ofMiami Page 53 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Mr. Noriega: Oh, there's private operators that use pay -by -phone all over the City. Yeah, that's -- that is a -- becoming a more common practice. It's just not universal yet. Mr. Wysong: So if you made the unattended lots a pay -by phone system, them think you would accomplish your goal. Commissioner Reyes: That would suffice. Chair Hardemon: But everybody can't pay by phone, so you want to be able to include pay -by, you know, plate. You know, God forbid, you know, Commissioner Gort comes to the district and he has a -- you know, some sort of Star Trek flip phone, you don't want to punish him for not having a smart phone, you know. Commissioner Gort: I don't know how to use it. Chair Hardemon: Right, you don't know how to use it. And no one wants to be trekked down that way. Some people like to be off of the grid. So -- Commissioner Carollo: You got to take the GPS (Global Positioning System) out and dump it in the ashes. Chai r Harden ion: Right. So, I mean, Comn issi oner, it's sti I I up for debate, but how -- what system it is that works. I agree that maybe a warning system 10 minutes before could work, but then that would change, as what was expressed, what we need in the requirements, so, you know, the floor is yours to continue to debate it. Commissioner Reyes: I know that this is going to entail some additional expenditure to the operators; that is why I do agree with the price that you are proposing, which is $50; $15 for the City. And they --from -- the rest of that goes to the operator, they could use some of that to implement this system that we are notifying a person when the time is up or the time is going to expire. And either they -- we implement that they can extend the time or they will give them 30 minutes grace so they can go, because sometimes, you know, you can be in a restaurant eating and then time goes by, and then you have to run before -- because in some cases -- and I don't want to say "most" -- what I have witnessed is that they are -- the hooter is there with the boot in their hand, you see. "Wait. (UNINTELLIGIBLE) I got you now, "you see. I want to protect the consumer. Mr. Noriega: So here's the one thing you want to factor into that evaluation. So the one hold to that is, as Commissioner Hardemon mentioned, if they don't have either the means or willingness to use pay -by -phone, you have to provide at least an alternative, which is a pay station, especially for an unmanned lot. Commissioner Reyes: Okay. Mr. Noriega: If they use the pay station, there's really no technology available to then send them a notification, so there's a gap there, so that's the one thing. So either you mandate pay -by -phone across the board or you don't, because a simple pay station doesn't have the means to communicate. Commissioner Reyes: Would it be possible if they have pay -by -phone, it's going to be the same system that you have? Mr. Noriega: It could be. There's other pay -by -phones. I mean, City of Miami Beach has a different system. They could use (UNINTELLIGIBLE) mobile, if you (UNINTELLIGIBLE). City ofMiami Page 54 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Reyes: Or they can have a system where they could be a pay -by - phone system established for hooters? b ice Chair Russell: The more uniform, the better. Mr. Noriega: Yeah. Tice Chair Russell: For the customer experience -- Commissioner Reyes: That'sright. I ice Chair Russell: -- to be in the municipality and not have different apps would be much more convenient. Commissioner Reyes: Yeah. Mr. Noriega: I mean, it would be better to have a consistent system, but, I mean, I don't -- Commissioner Carollo: How many -- Mr. Noriega: -- (UNINTELLIGIBLE) advocate for it. Chair Hardemon: But he's not (UNINTELLIGIBLE) us. Right. Commissioner Carollo: -- items have been changed in this latest version of the ordinance? Lice Chair Russell: The only amendments so far -- pardon me, Mr. Chairman. The only amendment so far is to give $50 flat rate to the hooter completely, and I'm advocating in my amendment a City per -hooter, per -operator fee annually. Chair Hardemon: You also said a percentage of revenue. Lice Chair Russell: Yes. So -- and -- Commissioner Carollo: Is that besides the $15? I ice Chair Russell: There is no $15 anymore. So we would get out of the game of " per -boot collection" as a city. VVe would not need to audit how many boots they did this year, and it would make it much simpler from an operational perspective, and the resident wouldn't feel that the City -- Commissioner Carollo: So they don't have to steal from us anymore, right? Just pay us a little bit of (UNINTELLIGIBLE). I ice Chair Russel I : Potatolpotato. Chair Hardemon: They could still steal for us, because we have to get a percentage of the revenues, so they can still steal. bice Chair Russell: But if we charge each hooter -- if I could -- $30, 000 per year, the great -- or the greater of which -- 10 percent of their gross annual revenue -- that's an easy, si mple math way to collect a rate, and they would take $50 -- Commissioner Reyes: But wouldn't that entice them into booting more? I mean, they have a fear -- such amount of money that they have to meet: $30,000. " Let's go start booti ng unti I we make $30,000." City ofMiami Page 55 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: Well -- Commissioner Reyes: That -- I think that would promote more booting. Chair Hardemon: The -- I described it as somewhat similar to what we're doing with our waste collection and recycling, and things of that nature. We have lots of people that are in that industry. They pickup accounts. They pay us on a number of accounts that they have. The consumer -- It's not a, you know -- Commissioner Reyes: But it'sdifferent, you see. Chair Hardemon: It is. It is not the same, though. Commissioner Reyes: It's not the same. But what I'm afraid is that a person -- an individual that comes and park, sometimes they make mistakes, and they think that they're parld ng i n a muni ci pal parki ng I ot, and that that person, hi s ti me expi res, and he doesn't notice or she doesn't notice, and when she comes back, she -- the -- his or her automobile is booted, you see, without any notification, without any, I would say, opportunity either to increase the time that they're going to be there or try -- or avoid booting. L ice Chair Russell: The -- Commissioner Carollo: I agree with that. Mr. Noriega: Can I add something? George, do you want to walk them through all the changes we made relative to the signage, the verbiage on the signage? Because that's a significant part of notification so that we don't have that confusion. That was one of the things we really wanted to clarify so that when somebody came in the I ot, it was very cl ear to them they weren't i n a muni a pal I ot; and part of that was signage, the type of signage, the immobilization notice, all of that. So they were really crystal clear; there was no doubt. Right now the signage is poor, It's very vague, and it's deceiving; and so, we wanted to clear all that out, so we made all those changes. Chair Hardemon: Yeah. ti ice Chair Russell: Mr. Chairman. Commissioner Reyes, the $30, 000 amount was based on the Administration's advice of what it cost us to administer the entire program every year, broken up over how marry hooters there are basically at this point. And then the percentage portion comes in where, if they start consuming each other, and let's say there's only one or two booters -- Commissioner Reyes: Okay. Lice Chair Russell: -- you know, 30,000 wouldn't be enough. Commissioner Reyes: Yes, but -- and I agree that -- Well, let's say that you have a point there, but I want, still, try to preclude the hooters, you know, to say that " have to meet this quota," you see. And we have to be very careful. We have to be very careful, because the consumers are, the residents are the ones that are going to trice Chair Russell: Agreed. Commissioner Reyes: -- suffer, you see. Vi ce Chai r Russel I: But they're always (UNINTELLIGIBLE). City ofMiami Page 56 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Reyes: That's why I want to have some controls on it. And I go further than that. If a hooter here -- I mean, the hooter commits four to 10 -- I mean, more than four times, you see -- They don't follow the 30 minutes or the notification four ti mes wi thi n six months, I et' s take their I i cense away. Let's -- I mean, we mean business. We are protecting our residents and our consumers, you see. And I think we have to do the same thing for towing, sir, you see, because we having predatory towing also. Okay. Chair Hardemon: Mr. Assistant City Attorney, I see that we have the unintended [sic] parking lot requirements, where it describes what a unintended [sic] parking lot is and -- Commissioner Carollo: Unattended? Chair Hardemon: They call it "unattended, " correct. This is Section 4(d). How did I pronounce it? Yeah. Well, 2 -- no -- Section 3(d). This is very -- I'm confused of what page I'm on, actually. Commissioner Carollo: What page? Chair Hardemon: It is the page behind the page that has the sign. Commissioner Reyes: No, I don't have it here. Commissioner Carollo: Okay. Chair Hardemon: The sign. So you see this sign? Commissioner Carollo: Yeah. Chair Hardemon: I is the next page -- Commissioner Carollo: Thank you. Chair Hardemon: -- starting at -- under -- It's small letter " d." Under 3, small letter "d." So it's described as "unattended" parking lot requirements, and then -- and it tells you what an unattended parking lot is, but what it doesn't say there that the tower -- I'm sorry -- the immobilizer -- that the immobilizer can only work on a I i censed parking lot. So what I'm trying to prohibit is basi cal ly someone who just creates a makeshift parking lot and is using it with -- along with immobilizers to generate dol I ars, but they're not sancti oned by the Ci ty to be an offs a al towi ng -- I mean, official parking lot, because I think that goes to the spirit of what -- why we created certain requirements in the parking lots -- in the ordinance that we passed in the past. Mr. Wysong: So let me see if I understand. So like, for example, the case where a person demolishes a building, they clear it, they decide to start parking until they figure out what they want to do with the lot. Chair Hardemon: Right. Mr. Wysong: That would be an unattended lot. And so, if -- Chair Hardemon: Now --but -- Mr. Wysong: -- the City found -- Chair Hardemon: -- it's an unattended lot. Under this definition that you have in this here, it is an unattended lot. City ofMiami Page 57 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Mr. Wysong: Right. Chair Hardemon: But what I'm saying to you is, I would think that for you to operate a paid parking lot, you would have to fit within certain requirements of the City. Mr. Wysong: They would need a BTR (Business Tax Receipt) -- ChairHardemon: Right. Mr. Wysong: -- and a CU (Certificate of Use), and all that stuff. Chai r Hardemon: And it's not withi n -- that's not withi n -- Commissioner Carollo: Well -- ChairHardemon: -- this legislation. Mr. VVysong: Fright. That's-- ChairHardemon: Andso -- Mr. Wysong: -- those are general requirements. ChairHardemon: --this regulates the conduct of the immobilizer. Mr. Wysong: Right. Chat r Hardemon: So what I'm says ng here is that you have to put language here that says to the immobilizer that, "You're only to operate under licensed parking lots within the City ofMiami. " So therefore, if you are an immobilizer and you attempt to put boots on a car on a site that's not licensed, you're held liable. So that'stheway thatyou protect the consumer. Commissioner Carollo: Chair, watch it. Vice Chair Russell: Is that an amendment? Commissioner Carollo: Chairman, watch it. ChairHardemon: That is an amendment. Commissioner Carollo: You're starting to get into another area that you're making the di rector jittery here, but you're bri ngi ng a very good poi nt, because we have a very strict and clear ordinance as to what parking is and how it should be made. You have to have asphalt. ChairHardemon: Certaingrade. Commissioner Carollo: You have to have drainage. Commissioner Gott: Lighting. Commissioner Carollo: You have to have lights, shrubbery, et cetera. Commissioner Reyes: Yes. Commissioner Carollo: And this has to be made part of that. City ofMiami Page 58 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 ChairHardemon: Right. Commissioner Carollo: Because what I found out in my district was that -- and this is why I'm a bad guy, because I had to I et things go on as they were going on for the last three and a half years until -- that there were numerous lots -- I mean, my God, there was even a church in a residential area that was being used at nights, where 70 vehicles were put in there, and I'm told that that was legal; that they had permts from Off -Street Parking; they were okayed by other departments. They were parking cars in multifamily areas with the same problems: no asphalt, no nothing. While some finally, mysteriously, were closed overnight -- even though I'm accused of being a bad guy for it -- there are others that are still going on. You do remember those, right, Mr. Manager; that we walked one fine night and you saw them? Okay. Emilio T. Gonzalez (City Manager): Yes. Commissioner Carollo: I'm glad you do. So what you're bringing up, Commissioner, applies to booting, applies to valet parking, applies to every other parld ng i n the City of M i ami , and we got a heck of a problem, and that's what has to be part of that. I' m goi ng to tell you another problem that we have that I don't see in the ordinance. V\/b need whoever are the peopl a that's goi ng to be out there, before they put anybody out there, pol i ce background check. I n fact, I'm getti ng to the poi nt that I'm goi ng to be asld ng soon, possi bly, for parkers to be checked, because when you leave a car parked anywhere in a valet parking, what they give you, they say, " Anythi ng that di sappear, your tough I uck." And you know what? There's a lot of thi s goi ng on, because they' I I put anybody out there to be a val et parker. And then when they're driving in the street, all of a sudden you think they have a girlfriend next door, because thei r head i s goi ng thi s way, and it's not that. I is that they're goi ng through the glove department, seei ng what's there so they could steal, and I've seen that myself with my own eyes. I couldn't believe it. But the worst part is that how can this City have okayed -- and is still okaying -- for years, with no Code Enforcement action, with no other action, illegal parking all over our City? So it is critical that, in this ordinance, that is taken care of, what you're saying, because if not, we could be opening up another Pandora's Box with the booting; and before you know it, they're, you know, doing I i ke the so-called homeless, doing tent cities for parking all over the place. Vice Chair Russell: Mover accepts the amendment. Commissioner Reyes: Commissioner Russell, seeing all of this, and after everything that is, I mean, coming up, you see -- I remember that this morning, the Chairman asked one of the presenters, he sai d, " Sial I we reduce towi ng also?" I'm goi ng to make the suggestion that why don't we have a workshop on this? And then we revisit all of what is towing, what it is booting, all the parking; I mean, what Commissioner Carollo is referring to, and we try to solve this problem once and for all. Commissioner Carollo: Well -- Commissioner Reyes: And we can have like a sunshine meeting or something like that. bice Chair Russell: Mr. Chair? Commissioner Carollo: I personally feel -- if the Clerk could let its know, how marry times has this item been deferred? Commissioner Gort: Five times. Todd B. Hannon (City Clerk): Six times, sir. City ofMiami Page 59 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: Okay. Did I defer that -- have I deferred it any of those times? Commissioner Reyes: Nope. Mr. Hannon: You were not the mover, sir. Commissioner Carollo: No, no. Did I defer? Did I ask for the deferment any of those times? Mr. Hannon: No, sir. Commissioner Carollo: Okay. So at least, Commissioner, I do deserve one deferment. Commissioner Reyes: I'm going to go -- not defer it for the sake of deferment. I think that we should defer this, Commissioner, and have a workshop, so when we come back, we come back with all the -- I mean, that we shat l agree and everybody's --I mean, everybody's concern. Commissioner Carollo: I think Commissioner Reyes is being logical. We have to do and run government from here; not from here or somewhere else lower. We -- you know, I'm even concerned that by approving this the way that this last change has come in, we're even going to possibly be upheld in the defense of the booting company that stole from its or recently got charged, because if they would be -- I see the City Attorney kind of going with his head down -- if they would have been working under the law that we're going to passed now, they didn't commit any crime, so. Vice Chair Russell: But we wouldn't care. We wouldn't care, because we'd be collecting a flat rate annually. Commissioner Carollo: You might not care, but -- i ice Chair Russell: No, no, but we would collect a flat rate to make up for it. Commissioner Carollo: -- I would care, and I think the majority ofMiamians would care. The -- I'm goi ng to ask for a deferment i n this, but before I do, I'd Ii ke to ask one question: The original amount that was being discussed was how much -- again, I'd like to have it on the record -- ofpaying? Mr. Hannon: I' m sorry, sir? Commissioner Carollo: What was the original amount -- the total amount that the original ordinance -- Commissioner Gort: 65. Commissioner Carollo: -- that we dealt with -- Mr. Wysong: You -- no, of the original ordinance. Mr. Hannon: I'm sorry. I would defer to Mr. City Attorney. Commissioner Carollo: The original ordinance that we were dealing with, how much -- t ice Chair Russell: 85. City ofMiami Page 60 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: -- was it being charged? 85. Unidentified Speaker: 89. [`ice Chair Russell: 89. M r. Wysong: It's 63 to the towi ng --to the booting company -- Mr. Noriega: And 25 to the City. Mr. Wysong: -- and 25 to the City. So it was a 25 administrative fee that was the subject of (UNINTELLIGIBLE). Commissioner Carollo: Okay, 25 and 63. Then when it came back through the last six deferments, what did it come down to? Mr. Wysong: Its latest version is -- Commissioner Carollo: Wel, not this one. I heard this one. I'm saying the ones before. Mr. Wysong: Well, we tried to keep it at the 88, because this Commission can always go below. Commissioner Carollo: Sure. Mr. Wysong: And our concern was that if you lowered it and then changed your mind, we would have to come back on a second reading. Commissioner Carollo: Yeah. Mr. Wysong: But this one now is 65, with 15 to the City and 50 to the booting company. Commissioner Carollo: Okay. On the original one before that the City got 25, how much did the booting company get? Mr. Wysong: $63 -- Commissioner Carollo: 63. So -- Mr. Wysong: -- which is what the County charges, as well. Commissioner Carollo: Yeah. So, if you think about it, percentage -wise, the entity that's gettl ng, you know -- taken to the cleaners is the City, because percentage -wise, the towing company is not losing as much as the City is. So just from that point of view, I think we need to look that [sic] again. I thi nk there's a lot of work that needs to be done here. I think that we have to find ways to protect the citizens more. I -- Look, as much -- and the first thing I did before I came at -- to this item, I went to wash my hands, but -- because when it comes to booting, towing, and parking, you better wash your hands. I t' s not one of the ni cest busi ness -- Commissioner Reyes: Nope. Commissioner Carollo: -- to be involved in. It shouldn't be that way, but it's a reality. The booting, as much as we dislike it -- and I do, and I think what was happening before was outrageous, because it was predatory. And probably the worst lot in the whole City was right here in the Grove at the Post Office; second City ofMiami Page 61 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 worse was in Little Havana, on 16th Avenue. But as much as we dislike it, if we come up with something that would sound reasonable -- and I think we should put it as a trial for one year, just to see how it really works. It is much better, I think, for someone to have to pay 60 plus dollars, whatever the amount that we come up with is, than pay more and then you get your car towed -- Commissioner Reyes: That'strue. Commissioner Carollo: -- and then if -- they' I I play even more games with you. And then, if you left something in the car, you could be sure when you come back to get it out, it ain't going to bethere. Commissioner Reyes: Of course. Commissioner Carollo: So they're both not pretty options, but at least the booting is the least worse of the two, and that's the only reason that I would entertain this, because, frankly, when this whole thing first came out -- that it was Channel 23; Erica Carrillo that did a fine job in bringing it -- Commissioner Reyes: Yeah. Commissioner Carollo: --to the public's attention --I thought the best way to deal with it was just going and putting an ordinance and doing away with booting, but then what you' re doi ng i s you' re givi ng another competition that' s goi ng to be even rmiore costly a head's up -- Commissioner Reyes: Andthat's-- Commissioner Carollo: -- and -- but the difference was that it was very, very predatory. Now, if we could come up with something that is not going to be like that, I think people would prefer to be booted and pay less than to be towed and pay more Commissioner Reyes: Yeah. Commissioner Carollo: -- and go through the hassle of trying to find your car in some lot. I also understand and know how people in the towing business are trying to lobby some of us up here to come up with something that's going to be more -- easier on their business. There are some that have both towing and booting companies, I am told. But the bottom line is that I don't thinkthat we're ready to vote on this. I want to really go through it with a fine-tooth comb, with the additional changes that have been made. And I'm not quite comfortabl a -- and that's why I want to study it more -- of just coming with one flat fee. I -- you know, I'm not quite comfortable with that on booti ng, but that's ray opinion anyway. I don't know if we have any kind of motion. Vi ce Chai r Russel 1: We do have a moti on on the fl oor, but I et' s j ust do some counting. So, Comm ssi oner Reyes, you're 1 ooki ng for a deferral, as wel l then? Commissioner Reyes: Yes. I'm okay, but I still insist that we do a workshop on it, and we only -- not only visit booting -- ['ice -bice Chair Russell: Towing as well. Commissioner Reyes: -- towing as well, and parking also. Because what Commissioner Carollo was saying, I've seen it, and I have witnesses that in any empty lot, a parking lot is created. Commissioner Carollo: Well -- City ofMiami Page 62 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Reyes: You see. Commissioner Carollo: -- the only thing that I ask -- and I think Commissioner Reyes is correct; we do need what he's asld ng for -- but I only ask that I be given a few minutes so I could show you some videos. And you know the old saying: "A picture says a thousand words." Well, I'll have video, but it'll say more than a thousand words a pi cture and you' I I understand what we're tal H ng about, and you' I I better understand why the Chairman was asking for what he was, and I think you agree with that too, Commissioner Russell. L ice Chair Russell: Understood. We absolutely have to get it right. The only thingl would 100 percent stress is that every month we wait, predatory parking enforcement continues, and our residents are in -- are unhappy about this. Commissioner Reyes: But what we should do is -- I mean, schedule this workshop as L ice Chair Russell: All right Commissioner Reyes: -- soon as you can, and you can take the lead on it and schedule a -- like a sunshine meeting as soon as you can, and then we will all address, and we won't leave it until we agree on where we are. Vice Chair Russel I : I bel i eve we're close, because I do bel i eve the Admi ni strati on has worked very hard on the signage issue and the enforcement issue. This is -- Commissioner Reyes: Just tweaking it. b Ice Chair Russell: -- to me, it's quite close to ready today. It's missi ng the tow ng element -- Commissioner Reyes: That'sright. i ice Chair Russell: -- what you' re tal b ng about, because they should be i n parity, so I' I I -- I can count. I wi I I rernove rry rnoti on, and we' I I -- I' I I al I ow for a rnoti on to defer. Commissioner Carollo: Yeah. Before -- Commissioner Reyes: Make a motion. CornnissionerCarol lo: Theresa rnotion to defer. Commissioner Reyes: I second. Commissioner Carollo: Second. One last statement: What is most important, I think, no matter what we finally agree upon, is the enforcement, the teeth to it. Commissioner Reyes: Yeah. Commissioner Carollo: Because if you only put teeth on paper -- Commissioner Gort: That's the key. Commissioner Carollo: -- and then, in reality -- Commissioner Reyes: Absolutely. City ofAliami Page 63 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: -- there's no real enforcement, like I've seen in valet parking, then we didn't accomplish anything. So that -- I would say to my colleagues, that's the most important aspect of this ordinance; that we make sure that there's real true enforcement; that people a are going to do what we approve and the ordinance says that they have to do, no matter what department's handling it. Commissioner Gort: Mr. Chairman? b ice Chair Russell: Can we get this workshop done in four weeks, do you believe? Commissioner Gort: Mr. Chairman? Commissioner Reyes: Whatever you say, sir. And -- Vi ce Chai r Russel I: It'syour deferral. Commissioner Reyes: Okay. And, also, I agree with Commissioner Carollo. There must be a consequence, some sort of consequence for violating the regulation -- I mean, the -- Commissioner Gort: There is. Commissioner Reyes: Yes, sir. Vice Chair Russell: Commissioner Gort. Commissioner Gort: My understanding, I agree with all that. I think we should look at it, both of them, but at the same time, I think the biggest problem that we have in here, we have the ordinance, but we don't have the enforcement. That's one of the biggest problems. Commissioner Reyes: Yes. Commissioner Gort: We have all kinds of laws on how to build a parking lot of all kinds of requirement that the City needs in order to have a parking lot, and it's not being complied with. So all those illegal, Code Enforcement has to go after those things -- Commissioner Carollo: No. And -- Commissioner Gort: -- because you got a lot of people back -- land banking with parking. Commissioner Carollo: Yeah. But you're absolutely correct, Commissioner. Your district is one that's bei ng hurt a lot, then they use it to try to park those food trucks that are supposed to be moving -- Commissioner Gort: They're not. Commissioner Carollo: -- and you know they're not, and then they're hurting the people that pay brick and mortar in your district. Commissioner Gort: They pay i nsurance. They have them all over the City. That's one thing. Commissioner Carollo: Well -- Commissioner Gort: I've been abketo ekiminatequite a few in rry district, and that's for sure, because I'm goi ng after them. City ofMiami Page 64 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: --I've pointed out quite a few to the Manager. I pointed out some to Code Enforcement, but I'm still hopeful. VVe got much time before I lose hope, but I'm sti I I hopeful. Vi ce Chai r Russel 1: There' s been a moti on and a second. Shal I I say M ay 10 -- Commissioner Reyes: Yes, sir. Vice Chair Russell: --Commissioner Reyes, for the deferral? Commissioner Carollo: Within 30 days. Vi ce Chai r Russel 1: That's 30 days. Commissioner Carollo: Within 30 days? Vice Chair Russell: Yep. Commissioner Carollo: The motion will be that we call the workshop on booting, towing, and valet parking in the next 30 days. Commissioner Reyes: That'sright. T ice Chair Russell: Then will we have enough time for this ordinance to comeback on the 10th? VVe wouldn't. VVe would --from that workshop would then come the changes that need to be implemented. Commissioner Carollo: If we don't bring it back on May 10, then we can bring it back in the zoning meeting. Vice Chair Russell: Fair enough. Deferral to May 10. It's been -- I'msorry; who is the mover? Who is the seconder? Commissioner Carollo: I'mthemover. Commi ssi oner Reyes: I ' m the second. Vice Chair Russell: It's been moved and seconded to defer the item to May 10, with direction to have a sunshine meeting workshop on the issues of booting, parking, and towing. Commissioner Carollo: The nation should read, Commissioner, that if we're not on time for the May 10 meeting, then it should be brought in for the following meeting after that; that would be the zoning one, I believe, right? b ice Chair Russell: We -- I believe, if I'm not mistaken by the Clerk, we have to stick to a date. And when it comes to us on that date, we can push it again, if we need to. Commissioner Carollo: Okay. All right, that'sfine. Vi ce Chai r Russel I: But we won't count that deferral on your deferral count. Commissioner Reyes: That'sright. Commissioner Carollo: (UNINTELLIGIBLE), correct? City ofMiami Page 65 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Vice Chair Russell: All right, it's been moved and seconded. Any further discussion? Al I in favor, say " aye." The Commission (Collectivelv): Ave. Tice Chair Russell: Any opposed,' 111otion passes. Commissioner Reves: Oka7,. SR.2 ORDINANCE Second Reading 3650 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION 55-14, ENTITLED "ENCROACHMENTS ON OR IN RIGHTS-OF-WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS EASEMENTS; EXCEPTIONS," TO ALLOW FOR ENCROACHMENTS ONTO, INTO, BELOW, AND/OR ABOVE EMERGENCY ACCESS EASEMENTS, AND SECTION 55-15, ENTITLED "VACATION AND CLOSURE OF RIGHTS-OF-WAY AND PLATTED EASEMENTS BY PLAT," TO PROVIDE FOR THE VACATION AND CLOSURE OF EMERGENCY ACCESS EASEMENTS NOT REQUIRED BY THE CITY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13761 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Tice Chan-Rnssell: SR.2. Commissioner Reves: Did we finish the FRs (first readings) -- REs (resolutions)? Vi ceChai r Russel I : No. I ' m j ust fol I owi ng the Chair's Iced. ConnnissionerReves: Oh, okay. Tice Chair Russell: He -- Commissioner Gort: _hove it. Tice Chair Russell: --was in the SRs, so that's -- Read SR.2 into the record, please. The Ordinance was read by title into the public record by Depnty City Attorney Barnabv Alin. Tice Chair Russell: Is there a motion on SR.2? Commissioner Gort: 111,ove it. Ciel, gfllicani Page 66 Printed on 05 '25 2018 City Commission Meeting Minutes April 12, 2018 Vi ce Chai r Russel 1: It's been moved; seconded by the Chai r. Any discussion on SR.2? Al I in favor, say " aye." Todd B. Hannon (('itv Clerk): 11r. City Attorney, are there any amendments to SR. 2? Bar naby Mi n (Deputy City Attorney): I don't believe -- I see it on the sheet, bat no. Mr. Hannon: Okay. Thank von. Connnissioner Reves: Okov. Vice Chair Russell: I'msorry. _llr. Hannon: Adopted as is. I ice Chair Russell: Thank yon. Could I get a roll call on this ordinance, please? A roll call i -vas taken, the reszdt of which is stated above. -llr. Hannon: The ordinance passes on second reading, 4-0. SR.3 ORDINANCE Second Reading 3680 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 GENERAL," TO CREATE NEW SECTION 10-8, ENTITLED "EMERGENCY PLAN REQUIRED FOR CERTAIN BUILDINGS", TO REQUIRE ANY FACILITIES CLASSIFIED AS, NURSING HOMES, COMMUNITY RESIDENTIAL HOMES, AND ASSISTED LIVING FACILITIES CATERING TO THE ELDERLY ("FACILITIES") TO HAVE AN EMERGENCY PLAN IN PLACE TO PROVIDE FOR, AMONG OTHER THINGS, EMERGENCY POWER AND FUEL FOR GENERATORS; AND TO ESTABLISH A CITYWIDE REQUIREMENT THAT SUCH FACILITIES 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 DESIGNATED ROOM(S) 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 ELDERLY RESIDENTS IN THE AFTERMATH OF HURRICANES AND MAJOR STORMS RESULTING IN WIDESPREAD POWER OUTAGES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13762 Citi' ofll=Naini Page 67 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record: For additional minutes referencing Item SR.3, please see "Public Comment Period for Regular Item(s). " Commissioner Carollo: SR.3. T ice Chair Russell: SR.3, please. Commissioner Carollo: Moved by Commissioner Frank Carollo. Commissioner Reyes: Second by Mano -- yes -- second by Manolo Reyes. Commissioner Carollo: He should get credit for it. Commissioner Reyes: Yes. I mean, he was the one -- Commissioner Gort: We all need to get credit. Commissioner Reyes: -- first day that I was on the dais, he was (UNINTELLIGIBLE). ['ice Chair Russell: Could we read SR.3 into the record, please? Barnaby Min (Deputy City Attorney): Yes, Mr. Chairman. Commissioner Reyes: I -- may I make a --? The only comment that I have, and that is that I don't see any consequences for the people that don't comply. Goi ng back to having teeth, you see, placing teeth in an ordinance, you see, I don't see in this ordinancewhat would happen if one of those facilities, they don't comply with this requirement. What happen? Commissioner Carollo: Well, you're right; we should put some teeth. Commissioner Gort: -A love. Commissioner Reyes: We have to put some teeth. Commissioner Carollo: Maybe they should be hung from the highest tree -- Commissioner Reyes: No, but (UNINTELLIGIBLE). Commissioner Carollo: -- and the district Commissioner holds court. i ice Chair Russell: Gentlemen, if we could, if you could read SR.3 into the record, please, and then we' I I get a motion, and we can have discussion and any amendments you like. Commissioner Gort: Second. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. City ofMiami Page 68 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Gort: Reyes moved it. ['ice Chair Russell: Is that a motion? Commi ssi oner Carol I o: It's a motion by Commissioner Reyes, subject to -- Commissioner Gort: Second. Commissioner Carollo: --the amendments that he's going to make to it. Commissioner Reyes: That's right. I'm going to make an amendment that people that don't comply - Commissioner Carollo: Second. Commissioner Reyes: -- be fined a rate of $150 per day or loses the -- Mr. Min: Mr. -- Commissioner Reyes: I don't know what should be fined. Commissioner Carollo: $500 per day. Commissioner Reyes: $500 per day. Mr. Min: Mr. Chairman, there's already a provision in the draft that you should have in front of you that states a violation of this ordinance is subject to a $250 fine per day for a first-time offender and up to $500 a day for a repeat offender. Commissioner Reyes: Okay, fantastic. I didn't have this, sothat's -- lice Chair Russell: So amendment withdrawn? Commissioner Reyes: Withdrawn. Tice Chair Russell: Motion. Second? Commissioner Gort: I second it. Commissioner Carollo: I -- the 250 for first-time offender, but -- Commissioner Reyes: $500. Commissioner Carollo: -- usually, you're only going to have a first-time offender, you would think, and 250 is really kind of light for something of this nature. I would like to see, Commissioner, that those numbers will be doubled, 500 and 1,000. Commissioner Reyes: Yes, sir. Commissioner Carollo: That's the only way that you're going to make people jump. VW retalking about lives here; and mainly, the Iivesof senior citizens. Commissioner Reyes: Oh, yes, yes. That's why it'simportant. Commissioner Carollo: By putting a firm amount i s the only way you're going to get them to jump. T ice Chair Russell: First time, 500 -- City ofMiami Page 69 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: Second time a thousand. ['ice Chair Russell: --second time --Is this a per day fee? Commissioner Carollo: Per day fee. Commissioner Reyes: That'sit. And-- ['ice Chair Russell: Mover accepts? Commissioner Reyes: And if they don't comply within certain time, they wi I I lose their license. Mr. Min: There is also that provision that's already in here, stating that failure to comply will result in the potential loss of a certificate of use and/or business tax receipt. Commissioner Reyes: Just making sure. Mr. Min: Yes, sir. Commissioner Gort: May I ask a question? Vice Chair Russell: Yes, Commissioner Gort. Commissioner Reyes: Yes. Commissioner Gort: If they lose a license, what happens to the building itself and the people that live there? Commissioner Reyes: Well, I think that we will have to bring them to court and do whatever it is, you see. They won't have --they wouldn't have those people there. Commissioner Gort: Just a question. Commissioner Carollo: That's the same problem that we have citywi de. Comrnissioner Reyes: That's right. We have to make -- Commissioner Carollo: (UNINTELLIGIBLE) again a couple of days ago. Commissioner Reyes: Yes. We have to make them comply one way or the other. Commissioner Gort: Okay. Mr. Min: Commissioners -- Commissioner Reyes: Because as Commissioner Carollo said, if people slide, and you -- really, you saw a lot of it; and Joe, you saw a lot of that. You know that most of the buildings are in our districts, and you know the suffering that went through during those days. Commissioner Gort: Well, I' mwell aware of that. Commissioner Reyes: I don't want to see that again. Commissioner Gort: That's why I brought it up also, because of the -- not only original -- the original was -- ordinance was the people that use City funds, and I said, " No. All of the favi liti es; not only" (UNINTELLIGIBLE). Yeah. City ofMiami Page 70 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Reyes: That's right. That was an amendment. I mean -- Commissioner Gort: I mean, I carried enough ice and -- Commissioner Reyes: That'sright. Commissioner Gort: --food and so on. Vice Chair Russell: Thank you. Commissioner Reyes: (UNINTELLIGIBLE) be fined. Vice Chair Russell: Mr. City Attorney, you had a comment? Mr. Min: Yes. I was going to add that if you are going to make the enhanced fees, it will require, pursuant to Chapter 162 of the State Statutes, a four-fifths vote of the body, because we are limited to, pursuant to Chapter 62, just a maximum of 250 and 500, unless this board finds that this is one of the examples -- L ice Chair Russell: And a four-fifths can get past that? Commissioner Carollo: Yeah. Mr. Min: Yes, sir. ['ice Chair Russell: Fair enough. I think -- Commissioner Reyes: Fair enough. Lice Chair Russell: --the will is here. Commissioner Reyes: It is. lice Chair Russell: Does the mover accept the amendment? Commissioner Reyes: Yes, sir. ['ice Chair Russel I : And you're the seconder, obviously. Mr. Min: I'm sorry, Mr. Chairman. Commissioner Reyes, I believe you had also wanted an additional amendment concerning the potential waiver of building permit fees for those properties that are (UNINTELLIGIBLE). Commissioner Reyes: Yea, and let's --just let them know that they could lose the -- I wanted to let -- I want the operators know that they could lose a license. Mr. Min: Thank you. Vice Chair Russell: It's been moved and seconded with an amendment. Auvfurther discussion? Could I get a roll call, please? Todd B. Hannon (City Clerk): Roll call on Item SR. 3. A roll call was taken, the result of which is stated above Mr. Hannon: The ordinance passes on second reading, as amended, 4-0. Vice Chair Russell: That's SR.3. Did Frank get a vote? City ofMiami Page 71 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 ConnnissionerReves: Yeah. Unidentified,Speaker: SR.3. Connnissioner Gort: SR.4. Commissioner Carollo: 11'e both did. Tice ChairRnssell: All right. Tice Chair Rnssell: SR.4. -llr. llin: That was indefinitely deferred, I believe. Commissioner Carollo: This is -- It's a deferral. Tice Chair Rnssell: Thank von. ConnnissionerRe.ves: So defer it. SR.4 ORDINANCE Second Reading 3732 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE and Mayor CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST", MORE PARTICULARLY BY AMENDING SECTION 40- 191, ENTITLED "DEFINITIONS", TO AMEND THE DEFINITION OF POLICE OFFICER AND SECTION 40-203, ENTITLED "BENEFITS", TO CLARIFY CHANGES TO THE BENEFICIARIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item SR.4, please see "Order of the Day" and Item NA. 1. Ciel, gfllicani Page 72 Printed on 05 '2.52018 City Commission Meeting Minutes April 12, 2018 SR.5 ORDINANCE Second Reading 3574 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 62/ARTICLE 3/SECTION 62-16 OF THE CODE OF THE Attorney CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/PLANNING, ZONING AND APPEALS BOARD/APPOINTMENTS; QUALIFICATIONS," TO RENAME SUBSECTION 62-16(J) "EDUCATIONAL PAYMENT" AND TO ELIMINATE THE ONE DOLLAR ($1.00) A YEAR COMPENSATION FOR PLANNING, ZONING AND APPEALS BOARD MEMBERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13763 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Tice Chair Russell: SR.S. The Ordinance ivas read by title into the public record by Depnty City Attornev Barnaby Alin. Commissioner Gort: -hove it. Connnissioner Reyes: Inst ivant to ash -- Vi ce Chair Russel I : It's been moved by Commissioner Gort. I s there a second? Commissioner Reyes: Yeah, I'll second. Tice ChairRnssell: Second by ( ornnnissionerRe.ves. Connnissioner Reves: Yes. Tice ChairRnssell: Open for discussion. Connnissioner Reves: Just as a -- out of curiosity, are we saving monev? Barnaby Alin (Depute CitvAttornev): FT'e will be saving monev. All -- Commissioner Reyes: Yeah, that's right. I rrean, this -- we don't pay one dollar, becanse we are on a tight budget or what" Mr. Min: In addition, it's also reducing exposures for Iialilitiestothe City. ConnnissionerReves: Ol,a,. All right. Vice Chair Russell: It's been moved and seconded. Any further discussion? Roll call, please. Todd B. Hannon (Cit, Clerk): Roll call on Item SR. 5. Ciel, gfllicani Page 7, Printed on 05 '25 2018 City Commission Meeting Minutes April 12, 2018 A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. END OF SECOND READING ORDINANCES City ofAfiami Page 74 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 FR - FIRST READING ORDINANCES FRA ORDINANCE First Reading 3350 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 18/ARTICLE IX/DIVISION 2 OF THE CODE OF THE Finance CITY OF MIAMI, AS AMENDED ("CITY CODE"), ENTITLED "FINANCIAL INTEGRITY PRINCIPLES," MORE SPECIFICALLY AMENDING THE INTEGRITY PRINCIPLES, THE RESERVE POLICIES, THE MULTIYEAR CAPITAL IMPROVEMENT PLAN, THE BASIC FINANCIAL POLICIES, AND EVALUATION COMMITTEES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Tice Chair Russell: FR. I. The Ordinance ivas read by title into the public record by Deputy City Attorney Barnabv 11 in. Tice Chair Russell: Is there a motion? Commissioner Gort: 11=1ove it. Vi ce Chai r Russel 1: 1 t' s been moved. Commissioner Reves: Second. Tice Chair Russell: ,Seconded. Anv further discussion;" Roll call, please. Todd B. Hannon (City Clerk-): Roll call on Item FR.1. A roll call was taken, the result of which is stated above. -1-Ir. Hannon: Ordinance passes on first reading, 4-0. And Commissioner Hardemon? -1-Iv apologies. Chair Hardemon: No problem. 11Ir. Hannon: The ordinance passes on first reading, 5-0. Ciel, gflliami Page 75 Printed on 05 25 2018 City Commission Meeting Minutes April 12, 2018 FR.2 ORDINANCE First Reading 3424 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, and Mayor AS AMENDED ("CITY CODE"), ENTITLED "COCONUT GROVE 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: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record: Item FR.2 was deferred to the April 26, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item FR.2, please see "Order of the Day. " FR.3 ORDINANCE First Reading 3674 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, Attorney FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION," BY UPDATING LANGUAGE TO COMPLY WITH CURRENT LEGAL STANDARDS AND PRACTICES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item FR.3 was continued to the May 10, 2018, Regular Commission Meeting. Tice ChairRnssell: FR.3. Chair Hardemon: FR (First Reading) -- It's -- is it--? Commissioner Carollo: FR.2, right;" Chair Hardemon: -- 2, right? Vice Chair Russell: That's been deferred. Commissioner Re.ves: That was withdrawn, right;" Chair Hardemon: Where's rry FRs? Yeah, FR.3. Ciel, gfllicani Page 76 Printed on 05 25 2018 City Commission Meeting Minutes April 12, 2018 Barnaby Min (Deputy City Attorney): FR.3 is an ordinance of the Miami City Commission, amending -- Commissioner Carollo: I'd liketo -- Mr. Min: -- Chapter 2/Article II of the Code of the City of Miami, Florida, as amended. Commissioner Carollo: -- defer FR.3. Chair Hardemon: Been properly moved. Is there a second to defer? Is there a second? Commissioner Reyes: Second. Chair Hardemon: Moved and seconded to deferFR.3 -- Todd B. Hannon (City Clerk): And, Chair, is that to -- Chair Hardemon: What meeting? Mr. Hannon: -- the next meeting or the next I i ke meeting in May? I t' I I either be April 26 or May 10. Chair Hardemon: Do you know which meeting it is that you'd II ke to defer It to? Commissioner Carollo: May 10. Chair Hardemon: May 10. Good. It's been properly rnoved and seconded to defer to May 10. Any further discussion? T Ice Chair Russell: Is there any specific issue we have on this item that needs to be resolved between now and then, or is it --? Commissioner Carollo: I don't know. We might have to add something, but I don't thinkit'II becomplicated,ifso. Chai r Harderian: Al I right. Al I i n favor, say " aye." The Commission (Collectively): Aye. Chair Hardemon: All against? All right, the motion is deferred. City ofMiami Page 77 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 FR.4 ORDINANCE First Reading 3701 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 2/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, Attorney FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/OFFICERS," BY RENUMBERING AND UPDATING LANGUAGE CONCERNING THE CITY MANAGER, CITY ATTORNEY, INDEPENDENT AUDITOR GENERAL, AND CITY CLERK TO COMPLY WITH CURRENT LEGAL STANDARDS AND PRACTICES; ESTABLISHING A NEW SECTION 2-65 OF THE CITY CODE, ENTITLED "PUBLIC RECORDS"; DELETING IN ITS ENTIRETY SECTION 2-143 OF THE CITY CODE, ENTITLED "CITY ARCHIVES AND RECORDS MANAGEMENT PROGRAM"; DELETING IN ITS ENTIRETY CHAPTER 2/ARTICLE III/SECTION 2- 89 OF THE CITY CODE, ENTITLED "ADMINISTRATION/OFFICERS/SEVERANCE PAY FOR EXECUTIVE EMPLOYEES;" CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: FR. 4, read into the record, please. The Ordinance was read by title into the public record by Deputy City Attornev Barnaby llin. Vi ce Chai r Russel I: I' I I move it. Chai r Hardernon: It's been properly moved. I s there a second? Commissioner Reves: Second. Chair Hardemon: It's been properly moved and second to approve FRA. Any further discussiorO Hearing none, all in favor of the motion, say" aye." The Commission (Collectively): Ave. Chair Hardemon: All against? -1 lotion passes. END OF FIRST READING ORDINANCES Ciel, gfllialni P(We 78 Printed on 05 2.5 2018 City Commission Meeting Minutes April 12, 2018 RE - RESOLUTIONS REA RESOLUTION 3658 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City Manager's ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Office EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CAMILLUS HOUSE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CAMILLUS HOUSE"), TO ESTABLISH THE CITY OF MIAMI ("CITY") SHELTER PROGRAM INCLUDING THE PROVISION OF SEVENTY-FIVE (75) BEDS IN CAMILLUS HOUSE WITHIN THE CAMILLUS HOUSE NORWEGIAN CRUISE LINE CAMPUS EMERGENCY SHELTER FOR THE NIGHTLY USE OF HOMELESS INDIVIDUALS WITH TEN (10) BEDS BEING SET ASIDE AS OVERNIGHT (TWENTY-FOUR [24] HOUR STAY) BEDS, ALONG WITH OTHER ASSOCIATED AND ACCOMPANYING HOMELESS SERVICES AND CASE MANAGEMENT FOR A PERIOD OF ONE (1) YEAR, SUBJECT TO SAID BEDS BEING EXCLUSIVELY DESIGNATED FOR THE CITY'S HOMELESS AND AT A TOTAL COST OF $460,000.00, WITH CONDITIONS AS STATED HEREIN, PAYABLE IN TWELVE (12) MONTHLY INSTALLMENTS. ENACTMENT NUMBER: R-18-0144 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For directive referencing Item RE.], please see Item NA. I. For additional minutes referencing Item RE.], please see "Public Comment Period for Regular Item(s), " "End of Consent Agenda, "and Item NA.1. Ciel, gfl halni Purge 79 Printed on 05 '25 2018 City Commission Meeting Minutes April 12, 2018 RE.2 RESOLUTION 3515 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Public Works NEGOTIATE AND EXECUTE A RIGHTS-OF-WAY POLE ATTACHMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MOBILITIE, LLC ("MOBILITIE") FOR MOBILITIE TO ACCESS CERTAIN PORTIONS OF THE RIGHTS-OF-WAY WITHIN THE CITY TO PROVIDE COMMUNICATION SERVICES WITHIN THE CITY. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon. Russell. Gort. Reyes ABSENT: Carollo Note for the Record: For minntes referencing Item RE.2, please see "Order of the Dai," and "End of ConsentAgenda. " RE.3 RESOLUTION 3779 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Department of THE BID RECEIVED ON JANUARY 17, 2018, PURSUANT TO Public Works INVITATION FOR BID ("IFB") NO. 786381, FROM JVA ENGINEERING CONTRACTOR, INC., A FLORIDA PROFIT CORPORATION ("JVA"), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER TO PROVIDE CITYWIDE STORM SEWER REPAIR AND INSTALLATION SERVICES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR A TERM OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL, TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENTS PROJECT NO. B30262 AND OTHER FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY CONTRACTS, AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, INCLUDING WITHOUT LIMITATION, INCREASES IN CAPACITY AND INCREASES TO THE CONTRACT FUNDING WHICH MAY BE ADMINISTRATIVELY APPROVED BY THE CITY MANAGER SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING, WITHOUT LIMITATION, THE CITY'S PROCUREMENT ORDINANCE, ANTI- DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0145 City ofll=han i Page 80 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon. Russell. Gort. Carollo, Reyes Note for the Record. For minutes referencing Item RE.3, please see "End of Consent Agenda" and Item NA.1. RE.4 RESOLUTION 3781 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED FEBRUARY 5, 2018, PURSUANT TO Department of INVITATION FOR BID NO. 804382, TO ESTABLISH A PRE - Parks and QUALIFIED POOL FOR THE PURCHASE OF SWIMMING Recreation POOL/LIFEGUARD EQUIPMENT AND SUPPLIES FROM: ELIFEGUARD, INC., HENRY SCHEIN INC., MARINE RESCUE PRODUCTS, INC., RECREONICS, INC., THE LIFEGUARD STORE, INC., TUUCI WORLDWIDE LLC;, AND WATER SAFETY PRODUCTS, INC., AS THE RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PARKS AND RECREATION DEPARTMENT ON AN AS -NEEDED BASIS, FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL THREE (3) YEAR PERIODS; ALLOCATING FUNDS FROM THE PARKS OPERATING BUDGET AND, AS REQUIRED, BY OTHER END-USER DEPARTMENTS' FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS TO THE CONTRACT, INCLUDING WITHOUT LIMITATION, INCREASES IN CAPACITY AND INCREASES TO THE FUNDING WHICH MAY BE ADMINISTRATIVELY APPROVED BY THE CITY MANAGER SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING, WITHOUT LIMITATION, THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO ADD ADDITIONAL SUPPLIERS TO THE POOL WHEN DEEMED IN THE BEST INTEREST OF THE CITY, WITHOUT FURTHER CITY COMMISSION APPROVAL. ENACTMENT NUMBER: R-18-0146 City ofll=han i Page 81 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon. Russell. Gort. Carollo. Reyes Note for the Record. For minutes referencing Item REM, please see "End of Consent Agenda" and Item NA.1. N ILI] I [s] 0 3787 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE CITY MANAGER TO EXERCISE THE THIRD Procurement AND FINAL, ONE (1) YEAR OPTION TO RENEW FOR REQUEST FOR PROPOSALS CONTRACT NO. 295279, BETWEEN THE CITY OF MIAMI AND KENT SECURITY SERVICES, INC., IN ADDITION TO INCREASING THE ANNUAL CONTRACT CAPACITY IN AN AMOUNT NOT TO EXCEED $280,000.00, FOR A TOTAL ANNUAL AMOUNT NOT TO EXCEED $1,730,000.00, DUE TO THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT'S NEED FOR ADDITIONAL SECURITY GUARDS FOR MARINE STADIUM, FORT DALLAS PARK, THE WATSON ISLAND BOAT RAMP, AND THE SEMINOLE BOAT RAMP; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, INCLUDING WITHOUT LIMITATION, INCREASES IN CAPACITY AND INCREASES TO THE CONTRACT FUNDING WHICH MAY BE ADMINISTRATIVELY APPROVED BY THE CITY MANAGER SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING, WITHOUT LIMITATION, THE CITY PROCUREMENT ORDINANCE, ANTI- DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0147 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.5, please see "End of Consent Agenda" and Item NA.1. City ofll=han i Page 82 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 RE.6 RESOLUTION 3948 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners RETROACTIVELY AUTHORIZING THE CITY OF MIAMI TO and Mayor PARTICIPATE AS A SIGNATORY ON THE AMICUS CURIAE BRIEF BEING DRAFTED AND FILED BY THE CITY OF LOS ANGELES, CALIFORNIA IN SUPPORT OF THE AFFIRMANCE OF THE NATIONWIDE INJUNCTION AGAINST RESCINDING THE DEFERRED ACTION FOR CHILDHOOD ARRIVALS ("DACA") PROGRAM, AT -ISSUE IN MARTIN JONATHAN BATALLA VIDAL, ET AL. V. KIRSTJEN M. NIELSEN, ET AL., CASE NOS. 18-485 AND 18-488, IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. ENACTMENT NUMBER: R-18-0152 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo NAYS: Reyes Note for the Record: For additional minutes referencing Item RE.6, please see "End of ConsentAgenda" and Item NA.1. Chair Hardemon: RE.6. Commissioner Reves: RE.6. Vi ce Chai r Russell: I' I I move it. Commissioner Carollo: Hold on. That'stheone -- Commissioner Reyes: That's right. RE.6, you say? Chair Hardemon: Correct. Is there a second to RE.6? Is there a second to RE.6;" Commissioner Gort: Let me get to it. Connnissioner Carollo: icts this --? rice Chair Russell: This is the amicus brief with Los Angeles with regard to I)4CA (Deferred Action for Childhood Arrivals). Connnissioner Reves: _Vo, no. That is RE.3, right? Connnissioner Gort: Second. Commissioner Carollo: 6. Chai r Harderian: No, that's RE.6. Commissioner Reyes: We're talldng about RE.6. RE.6 is a resolution ( CN I N-TELLICIIBLE). Oh. Tice Chair Russell: It wasseconded. Ciel, gfllicani Page 83 Printed on 05 '25 2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: You still need this one after --? I thought the campaign was over. b Ice Chair Russell: The campaign is over, but -- Commissioner Reyes: He asked precisely why (UNINTELLIGIBLE) taking it. lice Chair Russell: The campaign is over, but the DACA recipients within our community still would like us to fight for them. Commissioner Carollo: But didn't we--? I mean, I remember -- Commissioner Reyes: But they (UNINTELLIGIBLE). Commissioner Carollo: -- even a press conference that I joined you -- Comrnissioner Reyes: That'sright. Commissioner Carollo: -- out there in favor of it, and -- Commissioner Reyes: What else? Commissioner Carollo: -- I don't know how many letters we've approved. I mean, we're probably over budget i n paper i n the City with al I the stuff we've approved for you on this, so -- and other stuff, bzlt -- Lice Chair Russell: This is not for me. Commissioner Carollo: Okay. ChairHardemon: Is there a second? Commissioner Carollo: V\,hat is this suit that's going on, exactly? Commissioner Reyes: That is -- Commissioner Carollo: That -- I mean, what I'm trying to get to is how are we going to make an impact by anything we do here i n this suit, since we' re not going to participate -- Commissioner Reyes: Asa (UNINTELLIGIBLE). Commissioner Carollo: -- as attorneys? John Greco (Deputy City Attorney): Commissioner, this is an item whereby the City -- essentially, a showing of support. The City ofMiami will be signing onto the brief that has already been signed onto by many cities, and it's an amicus curiae brief, so the brief, in and of itself, is a brief supporting the continuation of DACA. Commissioner Carollo: Okay. Chair Hardemon: So we won't be -- we wouldn't -- we would not be writing our own brief.? Mr. Greco: No. Chai r Hardemon: We would just be sighing onto someone else's brief? City ofMiami Page 84 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Mr. Greco: Wewould be sighing onto a brief that's already been prepared. Commissioner Carollo: We won't have to worry about any walls being built in Miami or any big and pretty and smart missiles coming our way then, right? Mr. Greco: I don't believe so. Commissioner Carollo: Okay. Commissioner Gort: You never know. Commissioner Carollo: Well, I just wanted to know; It's District 2, not 3 or the others. Cornu issioner Reyes: Or District 4. Okay, let's nave on. Commissioner Gort: Call the question. Chair Hardemon: It's been properly rraved. Isthereasecond? L ice Chair Russell: Yeah. Commissioner Gort. Commissioner Gort: Yes, I second it. ChairHardemon: Seconded. Commissioner Reyes: Okay. I was talking about this when we went to lunch. ChairHardemon: Yes. Commissioner Reyes: I -- from what I understand, this is an appeal that the President made for a decision that the Court did, and is -- am I right, Mr. City Attorney? Mr. Greco: This is -- Commissioner Reyes: I don't think that -- My objection on this is that we shouldn't get involved in party politics here, you see, and this is precisely what it is. We -- as a body of this Commission, we represent the whole spectrum of political ideas and philosophies in the City of Miami. We shouldn't be partisan to anything that is -- it is party politics. And if we are so concerned and you are so concerned about this and you all want to -- you want to support it, I think that all of us, personally, you see; personally, you can write a letter, you can do whatever you want. But don't bring the whole Commission into it. That is my only objection. Now, DACA, we all agree that it is a big problem, and we all agree that those -- that it has to be a resolution for those young people that are -- they were brought up here and they still living here. And to that effect, I think, if we want to do something about it again, okay, I propose that we write us a resolution in which we will demand -- not request; demand -- that both parties, the Democrats and the Republicans, stop playing politics with those kids and get together and find a solution, and that I will be able to support. But this, I wouldn't support this. tiiceChairRussell: Mr. Chairman? Chair Hardemon: You're recogni zed. t ice Chair Russell: Thank you. It sounds like what you said, though, that is, DACA is a universal problem though, and we all agree on It, so I don't believe that just City ofMiami Page 85 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 because the President may be on one side of the situation that makes it partisan. And we often bring things to this dais that we believe in -- Commissioner Reyes: Yes. b ice Chair Russell: -- that we may not have to expend on or -- We co -designated some streets today -- Commissioner Reyes: Yes, sir, but -- i ice Chair Russell: --for something that is very important to the people in our community that commemorates some -- It doesn't have a direct Impact on the legislation or the business of the City, but it's something that's important to us that we want to make a statement on that we believe in. And I really believe this actually goes even to the point of many residents in our City who are DACA recipients that we should stand behind and just say that we support this cause. Commissioner Reyes: That is what I'm saying, but what -- and I think that you are miA ng appl es and oranges, because you're tal la ng about peopl a that were women. You might know that and you might not be aware of it, because by the time that they were being imprisoned and they were being tortured and they were being raped in those -- in Castro's j ai 1, you were doing other things, you see. Those ladies, they deserve for a street, like we name streets for -- bice Chair Russell: Absolutely. Commissioner Reyes: -- other things. bice Chair Russell: And I support you in that. Commissioner Reyes: And don't confuse that with DACA. This -- what you're proposing here, it's not going to do nothing. This is just politically posturing. That's what it is. What I'm saying is this: If you want to do something for DACA, I et' s do a resol uti on requesti ng or demandi ng both parti es to do somethi ng about it. Vi ce Chai r Russel I : We've done that. Commi ssi oner Reyes: Okay, we' ve done that. Then why do we have to do thi s? Thi s -- because this serves -- Let me tell you something: This has to do -- and correct me ifl am wrong -- with the delegated powers of the Executive, you see. The President has the right to deal with immigration, you see. He was taken to court when it -- and half of the case was won; he was right. And there was -- I think that -- something about the committees or whatever, and he's appealing that the whole decision goes onto his favor, you see. We are getting into an argument that it is constitutional in this case, you see. Commissioner Carollo: Could we rephrase this in another way, where -- The President's coming here on Monday; you could hand -deliver it to the President. He' I I be here Monday. ['ice Chair Russell: I don't think what we're trying to do is be a direct affront to the President on a personal way. I believe we're trying to stand with other cities who are speaking for their represent -- Commissioner Carollo: I don't personally care about that. I mean, I think every resident has a right to express themselves -- Commissioner Reyes: Yes. City ofMiami Page 86 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: -- with any president, so I don't have an issue with that. 1A�Iy personal problem, Commissioner Russell, is that we keep every meeting dealing with all kinds of resolutions on this and -- Commissioner Reyes: This is partisan. t ice Chair Russell: It's notpartisan. Commissioner Carollo: -- we -- whether it's partisan or not, it's taking up our time on stuff that if we do it once, okay, but we keep coming back to the same thing, same thing. And while it might not be, it does give the appearance that it's posturing, and, you know, we've done that already. Why don't we get the resolution that we passed and send it again; make sure the President gets it somehow when he's down here? I'm not the guy to do it, because, as you well know -- and they're your friends, not mine, all the Republican top strategists -- all the first ringers were sent down here to try to knock me out, so I'm certainly not the guy to do that, even though I do know the President personally, but bring this to the President. I mean, I'll even be in favor that -- you know, we pay your way to Washington, so you could deliver this to the White House or, you know, whoever you want up there. But I just would like to see if we get more meat and less potatoes in a lot of these resolutions. For instance, Commissioner, you and I have some similar problems; that we need to take care of them. They're there, and we're not receiving the assistance that we need, at least in my case. And you have for downtown Coconut Grove that people can't even walk there anymore without falling. It's a complete mess on the sidewalks. These are the kind of stuff that we need to put a lot of emphasis on. I have an equal problem in Little Havana, in Calle Ocho, and that boulevard that we built next to Domino Park that is so dirty that nobody has bothered to pressure wash it in I don't know how long. I've been trying to get someone's attention, but, you know, in my district, they really don't care what happens there. So I guess what I'm saying is that we need to spend maybe more time on the stuff that we're here to do that we could make a difference on, because we all know that we could send all the letters we want, all the resolutions, and -- L ice Chair Russell: And we can name all the streets we want and -- Commissioner Carollo: -- they don't care up there. They don't care. It don't matter what administration it is, whether it's Republican or Democrat, they don't care. It's a swamp, and the swamp eats you up, just I i ke you're seeing happening to the President. He hasn't changed or drained the swamp; it's eating him up. So that's my opinion. It's nothing personal. Commissioner Reyes: No Commissioner Carollo: I've supported marry of your resolutions before, but -- and we -- I think we've all done it, because, in a sense, we're colleagues up here. You were running for Congress, and, you know, we wanted to help you -- Commissioner Reyes: Yeah. Commissioner Carollo: -- so you could, you know, have positions you could show that you stood up for here, but campaign is finished, you pulled out, and we need to tone that down. That's all that I'm saying. Let's tone that down a little bit. Ice Chair Russell: Mr. Chairman ChairHardemon: You're recognized. I Ice Chair Russell: In my very first meeting here, after I was elected a City Commissioner, I brought an item where we stood on the side of the clean power City ofMiami Page 87 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 plant. I wasn't running for anything else. I'm speaking for our community. I'm speaking for our residents. And if it was just about a campaign, I would have pulled it and I wouldn't care, but we have dreamers. We have DACA recipients in our community, and I simply here say that I'd like to stand with the other cities who are telling their residents that they disagree with the current Federal position on the DACA situation; that we need to push this. Commissioner Carollo: VVe've stated that before. Vice Chair Russell: And so, there's now a lawsuit that we can stand with them just on an amicus brief. There's nothing that we have to deploy our attorneys for. I believe it's beyond posturing, because there is a case out there that we can put our name on and say that we believe this, too. You may disagree with me. I have a second. Commissioner Reyes: I do. Commissioner Reyes: I simply hope there's support for this item. That's all. Commissioner Carollo: And can we get a list of all the cities that have supported this? I mean, we do have that, right? Vice Chair Russell: I believe it should be in a -- Commissioner Carollo: Well -- Mr. Greco: We can get a list of all the attorneys on the amicus brief. Commissioner Carollo: You mentioned it, the Commissioner mentioned it, so I have to assume you have it handy. What other cities, so we know who we're dealing with? I just don't want to be together with Mayberry or, you know, cities like that. Commissioner Reyes: Los Angeles. I will never follow Los Angeles' lead. T ice Chair Russell: Wow. Commissioner Carollo: Well, let's not go that far. Maybe San Francisco. Tice Chair Russell: Wow. Chair Hardemon: But it's not Texas. I mean -- Commissioner Reyes: (UNINTELLIGIBLE) Texas. Chair Hardemon: And that's a joke for the record. You know, the record doesn't pick up jokes. Commissioner Reyes: You see, I -- Commissioner Carollo: Thank you, Chairman. Commissioner Reyes: -- proposed a resolution directing or requesting -- demanding both parties to stop playing politics -- because they are playing politics with DACA, you see -- and find a solution to the problem that those young people have. And I think that it is -- I know they're not going to pay attention to us anyways, but at least we are -- we feel like we're doing something. T ictoria Mendez (City Attorney): We're going down to the bottom of the PDF (portable document format), and we'll tell you right now. City ofMiami Page 88 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: Okay. Vice Chair Russell: You get the list of cities? Because otherwise, I'm ready to call the question, either there's support for it or there's not. Mr. Greco: In addition to a number of individuals, the government entities that are listed on the amicus brief are the State of New York State of Massachusetts, State of Washington, State of Connecticut, State of Delaware, District of Columbia, State of Hawaii, State of Illinois, State of Iowa, State of New Mexico, State of North Carolina, State of Oregon, Pennsylvania, Rhode Island, 1 ermont, b irginia, Colorado. Commissioner Carollo: Any cities? These are states. Maybe we should contact Governor -- what's his name? Commissioner Reyes: Scott? Commissioner Carollo: -- Scott? Mr. Greco: Those are the parties in the case. I'm strolling down to the cities that are a part of the amicus curiae brief, and there are 42 cities. Commissioner Carollo: How many cities? bice Chair Russell: 42. Commissioner Carollo: Okay. Which are they? bice Chair Russell: Wow. Commissioner Carollo: Well, we never were given that information. I don't have it before me. Mr. Greco: Okay. Los Angeles; Atlanta; Austin; Berkeley, California; Boston; Cambridge, Massachusetts -- Chelsea, Massachusetts; Chicago; Cook County, Illinois; Dallas, Texas; Denver, Colorado; Gary, Indiana, joined by its Mayor; Holyoke, Massachusetts; Honolulu; Houston; Ithaca, New York; Iowa City; King County, Washington; City of Las Cruces, New Mexico; Long Beach, California; Los Angeles; Madison, Wisconsin; Minneapolis; Monterey, California; New Haven, Connecticut; New York City, New York; Oakland, California; Philadelphia; Portland, Oregon; Providence, Rhode Island; Rochester, New York, Sacramento; San Antonio; San Francisco; Santa Clara County, California; Santa Fe; Santa Monica; Seattle; Somerville, Massachusetts; Tucson, Arizona; West Hollywood, as well as the National League of Cities and the United States Conference ofMayors. Commissioner Carollo: Okay. No South Florida cities, no Miami -Dade County cities, no State of Florida cities. See now, there's something that you could accomplish; try to get -- Mr. Greco: I stated it as -- so I just want to make it clear. There was a deadline. And so, the City ofMiami is listed on the brief, and if this Commission does not wish to have it, we will file a notice of withdrawal -- Commissioner Carollo: Whoa, whoa, whoa, whoa Mr. Greco: -- a dismissal of the City. City ofMiami Page 89 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: How can we be listed if this was not even voted upon before? Ms. Mendez: Normally, when one of our elected officials asks us to meet a deadline, we file in order to be able to meet a deadline. And if it is not something that the Commission is not happy with, then we withdraw it. Commissioner Carollo: Madam City Attorney, I don't want to be disrespectful, and I don't want to, you know, beat something down that's been done already, but I think -- and I respectfully ask that, from here on, actions aren't taken unless they're approved by the Commission. That's the way it should be. But, you know, I won't get into it any further. I don't think there's any need for it. I think we all know that that's the way that government is run. Yeah, you could always file something, but the point being that -- you could always withdraw something, rather, but the point being is that you should never file it based on one person, unless it's approved by a majority of the Commission, like the Charter says that it should be, so. Ms. Mendez: We can discuss it further later. Commissioner Carollo: Well, I --it's not my intention to beat you over the head with it or embarrass anybody here, but, you know, I made my point. Ms. Mendez: Understood. Commissioner Carollo: And like you said, we could discuss it later. And that goes for me, too; if I ever bring anything to you, I would expect the same thing. But Commissioner Russell, I'm going to tell you what my position's going to be, and I hope you could understand it. I'm going to ask all of our colleagues to support this, but at the same time, I'm doing it being respectfully -- being respectful to you, and letting you know that if we keep getting these sort of constant resolutions, petitions to send letters to the White House, Congress, the Senate, whatever, on really strictly political matters, you're not going to be seeing my support hereon. I think we need to limit that kind of stuff. If we do it once, that's fine, but we don't need to keep bringing it back on constantly. So I will support it. I believe in DACA; that's why I supported it before. That's why we stood together in press conference here before, and I voted in resolutions on it, but there has to come an end to this sort of stuff. And as I said, the campaign is over, so I would expect that you understand that and would appreciate that we're joining you here and -- which is --you know, take it for consideration. b Ice Chair Russell: Thank you for your suggestion. I do welcome any support on this issue, if it's something that we care about. If we -- if our goal is to save time, I don't believe that's what we've done here today, but this is pretty innocuous for us to be able to do this and stand with other cities on behalf of people that this could affect, and I believe that the momentum of cities standing together could bear difference on the legal decision that comes; and it's important to me, having nothing to do with political campaigns, but having to do with the people in our community that we represent and letting the world know that these people do exist, and that we represent them at the local level, and we want them to stay; they're our residents. So that's why I bring it. And I can understand -- I really, truly do understand that it may look political, seeing that I'm coming out of a congressional campaign and that these are posturing elements. But maybe you'll believe me, maybe you won't, but it is important to me, and I welcome your support. So is the Chairman active with the gavel? Commissioner Gort: Yes. He's ready. Ilce Chair Russell: All right. Then I'll call the question. City ofMiami Page 90 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Gort: The reason I second this, because I don't believe it's a party motions what we make in here. I think it's a motion for something that we stand for in this City. If one city has the majority of residents from other countries, that's right here in the City of Miami; we have to -- need to support that. I don't think it's a party question. Commissioner Reyes: Well, I'm still -- I'm appalled that you made the -- send comparison with our street, the street that was named after the Cuban -- La Presa Politica Cubana, the women that were incarcerated; they were tortured. And if you don't know -- because at the time you might be skating or something -- b ice Chair Russell: You said that. You said that. Thankyou. Commissioner Reyes: -- you see. Those lady -- I mean, there were hundreds of Cuban women; that they were brought in front of the firing squad, you see. There were tens of thousands that went to the -- to prison. And I cannot support this because I had always voted on my conscience or on my belief, and I believe that this is no place for our City to be in. We have a very, very --a city that has all spectrums of political affiliation, and not it's because of DACA, because I am proposing a resolution to demand that both parties, which are -- what they are doing, they are playing politics with those poor people, you see, and I think that has a stronger message than just getting together with those cities. Like Berkeley, for example, which I don't agree what they do, you see, and the majority of the political philosophy of Berkeley or the university, okay. So I cannot support this -- bice Chair Russell: Mr. Chairman. Commissioner Reyes: -- with a clear conscience. Vice Chair Russell: Just to be clear -- and I really want to make sure that I don't give offense, and I apologize if someone's taken -- if it was taken that way. It's not to compare the level of the atrocity or the injustice. It's simply to say that at times, we take political positions here and make a statement in what we believe in and what we believe our residents believe in, and I feel that naming a street is similar to that. It's not actually fixing that street. It's not fixing that pothole. It's naming a street with regard to something that we feel strongly in, and I support you in that very much. Commissioner Reyes: Well -- bice Chair Russell: That's all. Commissioner Gort: Question. Commissioner Carollo: Well, whatever it's worth, Commissioner, I accept that apology that you've made to the residents that might have felt offended. Vice Chair Russell: No. It was to Commissioner Reyes, if he felt there was any offense. Commissioner Carollo: Okay. Well, then I will withdraw my statement. I was going to say something nice, but -- Chair Hardemon: All right. So, seeing no further discussion, all in favor of the moti on to approve RE.6, say " aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motionpasses. City ofMiami Page 91 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Todd B. Hannon (City Clerk): And for the record, I have 4-1, with Commissioner Reyes voting "no. " Commissioner Reyes: Yes, sir. RE.7 RESOLUTION 3905 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Commissioners THE CITY MANAGER TO EXPLORE THE FEASIBILITY OF A and Mayor POTENTIAL PARTNERSHIP WITH MIAMI DADE COLLEGE ("MDC") FOR THE OPERATION OF THE OLYMPIA THEATER, INCLUDING HOUSING OPTIONS FOR MDC STUDENTS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-18-0153 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item RE.7, please see "Public Comment Period for Regular Item(s), " "End of Consent Agenda, " and Item NA. 1. Chair Hardemon: Okay. RE.7. Vice Chair Russell: I'll move it. Commissioner Carollo: RE. 7. Chair Hardemon: It's been properly moved. Is there a second? Commissioner Gort: Second. Chair Hardemon: It's been properly moved and seconded. Commissioner Gort: My understanding, this is instructing the Administration to sit down with Miami Dade College and see if something can be done with the Olympia. We know if -- we have people that committed to do certain things in Olympia. I think there's about 2 or $3 million in there that can be used; it's not being used. And looking at the track record of Miami Dade College and all the things they've done with the downtown area and even here in Little Havana, that's the reason why it's important, the discussion. They'll have to come back to us and let us know if they can come up with anything. Commissioner Carollo: Okay. Discussion. Chair Hardemon: You're recognized. Commissioner Carollo: Miami Dade College and its president, Eduardo Padron, is probably one of the few organizations that I would trust in entering into a relationship with. Nevertheless, it's a pretty sad state of affairs when a city like Miami that's got over a billion -dollar budget in its general fund, flagship properties - City ofMiami Page 92 Printed on 0512512018 City Commission Meeting Minutes April 12, 2018 - not just for our City and our County, but I would dare to say a flagship property in the United States -- that we're constantly having to have discussions to basically give them away for somebody else to take care of them for us; that we can't do it ourselves. We talk so much about historic properties in Miami and a lot of properties that are not historic that we are trying to call historic. This one is truly one of the most historic properties anywhere in America. This is a jewel. We should have never had enter into any kind of agreements with any organization before, which, by the way, they came very, very short in what they promised us, and this happens time and time again. Now, my biggest problem is that if we cannot afford to maintain and do not have the ability to run a property as historic as this and as important as this property to the history of the City of Miami -- and Florida, I dare to say -- then what the heck are we doing spending 50 to $60 million more and putting a bond issue out in restoring a Marine Stadium that's going to be another white elephant that we're not going to be able to afford; that no one to this date has given me any kind of a five year, ten-year plan of how much It's going to cost us for the maintenance and upkeep of that stadium, when, if anything, we should be looking at putting a smaller bond issue out so we could run and maintain the Olympic [sic] Theater and at some point in time, maybe even the Tower Theater again that Miami Dade has also taken over for us? So I don't understand why -- And some properties, we're runni ng to give them away; we're sayi ng, "We can't afford them." But then i n others, we want to spend over $50 million in a bond issue, which is going to end up costing more than 60 million, and we don't even have the monies to maintain it. Or are we doing this in the Marine Stadium so that after a year or two, we cut a sweetheart deal for someone, and then someone takes over because it's too costly for us to maintain, after we spent all this money that we really can't afford now? And we really can't afford it, because we're being faced with not only some $200 million, possibly, that we owe employee associations and unions, based upon court rulings, Supreme Court rulings, but now we might also be facing in excess of another $100 million in a lawsuit that we lost; not to mention scores of other suits that we're owing money on that, altogether, come to millions of more dollars. So I don't have a problem with the Manager discussing this. I do have a problem how it's come up. The first I've heard about it was when it was placed on the agenda out of the blue. And let me be very clear for the record: I don't care what district jewels and places like the Olympic [sic] Theater are in; they belong to the whole City, not just one district for anyone to have a final say-so; just like I believe the Marlin [sic] Stadium might be in my district, but any decisions there should be made as a whole. I shouldn't have any more say-so than anyone else, and there are many properties like that within all of our districts. The exception is that in District 2, because we cut the most important waterfront properties in the City of Miami to make up and gerryman [sic] the make-up of this district so that we would have a balanced Commission, more of these properties fall within this district than they do in others. So, Mr. Manager, I don't know what and how you're going to be dealing with this. And I guess the first thing that has to come out is, do we really have to give this away to someone else to handle? Is Miami Dade coming with millions of dollars to provide to the Cityfor the City of Miami not to have to put it into the Olympia Theater, and they're going to run it for free? We have housing on top of it that's affordable housing, and monies were put in there, I believe. What's going to happen with that, and what are the consequence of it? Victoria Mendez (City Attorney): Commissioner, I wanted to point out --and I think I wasn't clear on this in briefings -- that this is not something that the Administration has developed. It's not their concept. I believe it's exploratory. Commissioner Russell, would you like to -- like what conversations have we had? Because I don't -- it's -- 1 ice Chair Russell: This is the very first baby step, and I believe it starts here, with the consensus of this board. Nothing has been cooked. Nothing -- no deals have been signed or hands have been shaken. This is a concept and idea to see if we believe -- this is our moment to discuss whether we believe would Miami Dade City ofMiami Page 93 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 College even be a good partner for it? And if this board feels that they would be, we're simply empowering our Manager to start exploring that relationship. It could go any direction from there: How the deal would be negotiated; what the finances would be. My recommendation is that the City uses its cultural bond funds that we just passed in general obligation bond, the Miami Forever Bond, to pay for the initial fagade renovation of 15 to $20 million, and then we work out together with Miami Dade College; but simply, their track record as a steward of historic properties, including theaters as well, it speaks for itself, and I think it's worth exploring. Commissioner Carollo: Well, how did this come up, Commissioner? Did you approach them or did they approach you? Who came first: The chicken or the egg? Vice Chair Russell: So through the DDA (Downtown Development Authority), Rolando Montoya as a -- was a former board member. The DDA has also -- after the Related Group submitted an unsolicited proposal last year to renovate the Olympia Theater, the DDA created a working task force, the Olympia Group Task Force. Different ideas they had been working on. Mr. Montoya talked with the DDA about this concept with myself, and I said I'd be open to talking to Dr. Padron. I have had one sit down with Dr. Padron, where we just kind of talked the idea out. " I s there any potenti al i nterest?" And then I sai d at that poi nt, " The very fi rst step should be the City Commission." And so, maybe, perhaps there could have been a sunshine meeting or something else. I figured a resolution just setting the intention of the concept so we could discuss was appropriate, but I didn't think it was appropriate for us to go any further on our own to develop any deed. So that's where we are, because this -- maybe this doesn't work, but I believe it will, and I believe we have a good partner here. Commissioner Carollo: Look, Commissioner, if it is an absolute must that we can afford it and we have to give it out for management, I would agree that there are probably few entities, if any, that could better handle this than Miami Dade Community [sic] College. And I personally have the utmost respect for President Padron, so that's not the issue. But the question is, are we in a situation that we have to do that again? For instance -- I kind of have to bring this out -- the City does, I think, a fairly decent job in running the Artime Theater. But you know what? I don't see all the different types of entities and organizations that we've seen in the past running to try to take that off our hands. Why? Because it doesn't have what the Olympia Theater has; not even what the Tower Theater has, with the history to them. And we've done a good job with the Artime Theater in running it, even though the State has torn up all the streets, and it's -- probably has cost us revenue in the last two years in renting the place out. What -- I'd like to get a report from the Administration, first and foremost, and he's bringing in new management people. From what many source had told me, he's bringing in some pretty good people. I said that I believe you're bringing in some pretty good people into your Administration; at least from what my source had told me; that the Manager can now have a little more leeway to look at things like this and give us an opinion on what the Administration might think -- and he could do it after speaking to each one Of us -- that we should do with this property. Can we rent it ourselves or not? Or should we go to someone like Miami Dade for them to run it for us? But I'm a little hesitant to just give the Manager instructions to start negotiating -- maybe that's not the word -- to start exploring with Miami Dade or anyone on something that's so important to the history of the City of Miami, and we're a pioneer city; that there's not much history here. There's a few places that are really historic: the Lyric Theater, the Freedom Tower, the Olympia Theater that's historic, the Tower in Little Havana. You know, a pl ace I i ke M i ami, someti mes a bui Idi ng that's 20, 30 years of d gets torn down. And look what happened across the street recently; that's a prime example, and that was a beautiful building. City ofMiami Page 94 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Chair Hardemon: But they say buildings are temporary, anyway. It's the land that's permanent. I heard someone mention this before, and they said," No. I'II build this building" -- Commissioner Carollo: Yeah. Chair Hardemon: -- " for now." Commissioner Carollo: That was the Babylon, right? Chair Hardemon: Some people feel as if, you know, buildings are -- you know, they serve a purpose for a certain amount of time, and then you tear it down and build something else. Commissioner Carollo: Well, it might be so, but there are certain buildings that stand out among others, and that's why we call those buildings historic; except, that terminology has been used very loosely -- Commissioner Reyes: Misused. Commissioner Carollo: -- in Miami lately. You've been to the Olympic [sic] Theater. ChairHardemon: Yes. Commissioner Carollo: I mean, I still remember, when I was a kid, going there when it was being used as a movie theater, believe it or not, and watching a movie that was called, " The Night of the Livi ng Dead." Chair Hardemon: All right. That was one of my favorite movies. Brains, brains. Commissioner Carollo: Sometimes I think I'm living that, having come back to the City. But the bottom line is that I think that we should first look at the Olympic [sic] Theater; have the Administration put new people that are coming. I think the Manager brought in the real airport director now to help him manage the City, a very fine administrator. Let's get an opinion from the Administration, after they speak to each of us, what we think on what should we do there. Do we want to give up again another prime piece of property? But this is really the flagship of them all that we own in the City of Miami. Do we have to or do we want to run it ourselves? And there's a second facet to that -- that I don't know if this is included in what Commissioner Russell has suggested or not -- those are the apartments on top, and there might be some other considerations that come along with that, because I believe maybe there were Federal funds that might have been used in that -- L ice Chair Russell: It expired. Commissioner Carollo: -- to make them low-income housing, but I'm open to any constructive ideas that will save us money and that would keep that theater in the glory that it should be, but I just don't want to agree even to look at giving it away without the Manager doing a real study of what the City thinks that we should do now, and for the Administration to speak to each of us so that we can give our input, including the Mayor. Chair Hardemon: Now, I'll tell you -- Commissioner Reyes: Okay. Chair Hardemon: -- Commissioners, with the way that this resolution is written, it does not give the Manager the authority to create the partnership; merely to explore City ofMiami Page 95 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 the partnership. And the reason I'm okay with the language as it is, is because that can be -- that process of exploration can be done; and then also, what you want to do, which is consider the fact that can we do this ourselves, because I think you're right; it's a shame that a city like Miami can't support one building; can't, you know, bring it back to its glory. I think we can do that. I mean, look at this space, right? So I think it's something that we can do. And so, but it's good -- it'll be good to have the information that Commissioner Russell's seeking, but then also, the information that you want (UNINTELLIGIBLE). Commissioner Carollo: Can I make a friendly amendment, Commissioner, to your resolution: that at the same time the Manager studies -- after he speaks to each of us -- what possibilities he will recommend to us that the City should follow. It's a little different. Its a little more than what's there. You're limiting this resolution to Miami Dade Community [sic] College, I think, but think we're all trying to strive to achieve the same goals here; it's just how we get there. Unidentified Speaker: Commissioner? Commissioner Gort: Mr. Chairman, I was going to discuss something very similar. I mean, at the same time that he's talking to each one of us, he can be talking to Padron. But a lot of people forget that when we came here in 2010, we had a hundred -million -dollar deficit that we had to deal with, and we had to deal with it for about five to six years. So a lot of the things that should have been done, the funds were not there to be done. We had a real bad crisis. We had to make some decision that was a very tough decision, but we had to take those to save the City. So I think we should look at all the options, like when we talking about, "Do we have having a hundred million dollars to do affordable housing?"I think we got to use leverage -- the hundred million dollars as leverage to create a billion dollars to create affordable housing. So we got to work very closely with other sectors. And we can see the track record that Padron has done in here. But I agree with you; I think the Administration should sit down, see if we can administrator [sic] that, because there's a lot of difference between Artime and the Olympia Theater and the type of events that can be -- bring to each one of those theaters, so. Commissioner Carollo: Now, the only thing I heard here -- and I think the Manager wants to address us for a second -- is that I heard Commissioner Russell mention that we will use some 15 to $20 million of our funds to refurbish it, and then Miami Dade will begin, and -- Commissioner Gort: We might not have to. ComrnissionerCarol Io: VVeIl,that's the poi ntthat I'm maHng. Well -- Commissioner Gort: This is part of the history we need to sit down and discuss. Commissioner Carollo: -- they're -- you are going to have a deficit there each year. Let's not kid ourselves. You will. But -- and I don't know care who's going to run it. It's -- that it run up with a deficit each year. But if we're going to put that kind of money into it, you know, we should at least run it ourselves afterwards, unless -- and I'm open to it -- I could be convinced of reasons why we shouldn't do it. So if I could add that friendly amendment, Commissioner, that keeps your request, but it incorporates a little more for the Manager to have a little more leeway and be able to come to each of us. Vice Chair Russell: Could you word it specifically, please? Commissioner Carollo: Specific amendment to it: Leaving intact what you have there; that -- it's not offensive. I think it's appropriate -- the Manager speaks to each Of us to get our ideas on it; and that the Manager, with some of the new staff City ofMiami Page 96 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 members that he now has, can look at the possibilities that the Administration sees for us there on whether we should or can run it ourselves; and then gives us some additional recommendations on that, not just on Miami Dade. b Ice Chair Russell: I'm open to that amendment. I can predict, for the lack of having a cultural affairs department, that we're going to be a bit shorthanded on running a theater of that capacity and size, but I'm open to the amendment to see what the Manager works with each of us and comes back with. So as the mover, I'm okay with that, and I'd love to hear what the Manager has to say. Emilio T. Gonzalez (City Manager): Thank you very much. And Commissioner Carollo, I couldn't agree with you more; I, for one, am not in favor of giving any City assets away. It doesn't make sense: I also agree with you that -- Chair Hardemon: I can mute your mike from here, right? Mr. Gonzalez: Sir? Chair Hardemon: Nothing. Go ahead. Continue on. Mr. Gonzalez: But -- and I agree; it's a jewel, and it needs to be taken care of. We have no objections to at least having a chat, because it may -- they not be interested. They may think it's too hard. There may be opportunities for us, moving forward, to do much better than there is now. But I just wanted to be clear that I -- at least your City Manager has no interest right now in giving away any City assets. bice Chair Russell: And for the record, neither do L This is about us taking ownership of it and bringing in the partners that can make it the best it can be. Commissioner Reyes: Mr. Chairman. Commissioner Gort: Let's go through a little back history. That theater was donated to the Miami Parking System, and it came to the time when the Miami Parking System was unable to maintain it, and that's why it was given to the City of Miami, even before our time. So this is -- there's a lot of history to this building that -- We all have been trying to save this building. And I'm going to tell you how old I am. I saw Elvis Presley in there perform, so that's going way back, okay? So I think it's a beautiful -- (UNINTELLIGIBLE) you walked in there -- Commissioner Carollo: Have you seen him lately or --? Commissioner Gort: Yeah, I talk to him every night. I ask him for advice every night. Commissioner Reyes: Mr. Chair. Chair Hardemon: Dear Baby Elvis. Commissioner Reyes: I do agree with you; I don't see anything wrong, the way that the resolution was written, but I also agree that -- I mean, trying to explore other alternatives that -- and just getting into some conversation with Miami Dade Community [sic] College -- that's not a community college anymore. That show how old I am -- that Miami Dade College, they are not mutually exclusive. I think that we have to -- we should investigate every single avenue, whatever it is. And as a matter of fact, I am pretty sure that we've been losing money in that building for a long, long time. I remember in 1978, we moved the offices of Management & Budget to the Olympia Building, and since that time, we've been dealing with it. And then the Office of the City Attorney, they occupied the 9th floor of the Olympia Building for the City ofMiami, trying to save it, you see, and trying to save that building. I think City ofMiami Page 97 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 it's a jewel that would have to be saved, but I don't see anything wrong with this resolution. And I agree with that we should investigate or try any other alternative that will save the building, which is that thing that the -- the final goal will be to save the building, and for the City of Miami not to lose as much money as we've been losing every day -- every year, as a matter of fact. Chair Hardemon: Mr. Lice Chairman, were there any other amendments that you wanted to make? L ice Chair Russell: There was. From this morning, when it was an original motion, I made an amendment asking to take in what Mr. Fritz had recommended, as well as Christine Rupp, in the "whereas" clause; that the Olympia Theater is a historic property in the City of Miami that is worthy of comprehensive preservation, because there was a lack of preservation language within the resolution as it stands, so I just wanted to add that. Chair Hardemon: And Commissioner Gort, as the seconder, are you okay with that? Commissioner Gort: Second. Both -- Chair Hardemon: He's still fine\Mth it. Commissioner Gort: -- amendments. Commissioner Carollo: I'm fine with that. Chair Hardemon: All right. Commissioner Carollo: If I could just ask the Manager if he could send each member of the Commission and the Mayor a copy of how many dollars the City of Miami has put into that theater in the last 20 years. And the last group that -- I don't even know what kind of contract would enter into I believe it was an entity. I understand the chairman of it died, but it was an entity that we entered into a contract with. During the time that they had it, how much in contributions have they brought to the Olympia Theater; and if, during that time, the City gave any additional monies out of that? I don't know. I wasn't here when -- Mr. Gonzalez: Will do, sir. We'll get that report to you. Commissioner Carollo: -- all that was done; neither were you. Thankyou. Chai r Hardemon: Seei ng no further con rents, al I i n favor of the moti on, say " aye." The Commission (Collectively): Aye. Chair Hardemon: Against? Motionpasses. City ofMiami Page 98 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 RE.8 RESOLUTION 3906 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING Commissioners A SETTLEMENT IN THE PENDING CASE OF VILLAGE OF KEY and Mayor BISCAYNE V. CITY OF MIAMI, CASE NO. 15-02997 CA 09, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT AGREEMENT. MOTION TO: Adopt RESULT: FAILED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort NAYS: Carollo, Reyes ABSENT: Hardemon Note for the Record: A motion was made by Vice Chair Russell seconded by Commissioner Gort, to defer Item RE.8 to the April 26, 2018, Planning and Zoning Commission Meeting which failed by the following vote: AYES: Vice Chair Russell and Commissioner Gort; NOES: Commissioner(s) Carollo and Reyes; and ABSENT: Chair Hardemon. For additional minutes referencing Item RE.8, please see "Public Comment Period for Regular Item(s), " "End of Consent Agenda, " and Item NA. 1. Chair Hardemon: RE.8. Todd B. Hannon (City Clerk): As amended. Vice Chair Russell: I'll move RE.8. Chair Hardemon: It's been properly -- Vice -t ice Chair Russell: And if l could give a little background? Well, if it's necessary. Chair Hardemon: --moved. Is there a second to approve RE.8? Commissioner Reyes: Which one? Commissioner Carollo: Key Biscayne. Chair Hardemon: It's been seconded. Commissioner Reyes: Key Biscayne? Hold on a second. Commissioner Carollo: I -- ChairHardemon: Hold on a second. Vice Chair Russell: Mr. Chairman. City ofMiami Page 99 Printed on 0512512018 City Commission Meeting Minutes April 12, 2018 ChairHardemon: T ice Chairman, you're recognized first. t ice Chair Russell: Thank you. And I believe there's a representative of the boat show here with us today. This stems back to the relationship that we had with Key Biscayne and with the boat show and our development of the flex park and the Marine Stadium for future use. There was a sense that there was a bait and switch by the City a few years back when we showed renderings of soccer fields what -- on what always had been and always probably will be parking lots, because it's the parking lots that service the Marine Stadium, which approved the development of the flex park itself, which ended up being the location for the boat show, which is an amenity for our residents, it's income for the City, and it's a big draw during that time of year. In that friction, we got into a lot of disagreement with the Village of Key Biscayne, and some perhaps rightfully so. Through our negotiations and discussions and fights at times, we came out of it with a better boat show. We really wanted to make sure that we were doing everything to the letter of the law and that we were being a good neighbor. At that time, there was a settlement that was attempted, I believe, through any predecessor, which failed. I picked up the ball and worked with the I illage; and over this past year and a half now, we've been working on this settlement. They've gone to shade several times; we've gone to shade several times with the previous Commission that was here; and the previous Manager felt that the matrix of events, the size of events, the number of events, was very generous that we wouldn't even exceed that throughout the year. We've brought this back to a four-year agreement, basically, and if it doesn't -- after that point, or when the Marine Stadium is developed, this agreement dissolves. There -- it's -- I think it's a very fair agreement for both sides. It doesn't -- it's not too demanding on either side, but it also sets us up to be a good neighbor that can work together with Key Biscayne as we develop the hundred acres of sporting fields on the back, which we have heard that the Tillage may be interested in helping invest in with us. And so, there's a bit of a good neighbor aspect to this that we're trying to get this behind us, rather than going to war. Whether or not we could win the lawsuit or not, I don't believe is relevant at this point, because I don't believe we're losing anything by being cooperative. And obviously, for the sake of the boat show, having us at peace with this neighbor and having this lawsuit goes away will clear the path for the future as well, so that's why I'm moving this item. We've been in shade on this before, so I hope we'll all in agreement with the terms so that they can go back and we can finally sign this and put it to bed. Commissioner Reyes: Mr. Chair. Eke Chair Russell: Is that me right now? Commissioner Reyes: No. Lice Chair Russell: Commissioner Reyes. Commissioner Reyes: Yes. I want to ask, what are the conditions that we have to submit to? Lice Chair Russell: Mr. Greco, you're a specialist on this. John Greco (Deputy City Attorney): Commissioner, the -- as you know -- or at least the -- we have been in litigation with the tillage of Key Biscayne, and this agreement is purely a business policy decision, but the conditions in this agreement would essentially limit the City in the events, the amount of events that they could have on the flex park part of Marine Stadium property. There is a 200 -- I'm giving generally. The agreement is attached to the legislation, to the resolution. But it would provide for a 213 -day period, where no events that would require a permit would be able to occur. They're not consecutive. It's not just one 213 days straight. There's a matrix for the amount of medium and large events that can occur, up to 15 City ofMiami Page 100 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 per year. The small events, which are up to 3, 000, can occur as long as it doesn't occur in the non-event period; you can have as many of those. And there's one major event, which is the boat show. And what it does is, during this four-year period that this agreement would take place -- by the way, it's four years -- the earlier of four years or when the Marine Stadium is permitted, finally permitted. Commissioner Reyes: In other words, they are dictating what we can do and we cannot do, and our sovereignty as a city has been altered. Commissioner Carollo: Yep. Commissioner Reyes: I like Key Biscayne a lot. As a matter of fact, every Fourth of July -- and after this, I might change -- I have to change where I'm going. Well, every Fourth of July I spend there, and I use their restaurant and all of that. And -- but I think that we are -- we shouldn't relinquish -- Commissioner Carollo: Excuse me. Commissioner Reyes: -- our -- Commissioner Carollo: Could -- Commissioner Reyes: Sir -- Mr. Greco: Mr. Chairman -- ['ice Chair Russell: If Commissioner Reyes could just -- Commissioner Carollo: Commissioner Gort, did you second this? Because we're entering into discussion, and I don't think there was a second. Commissioner Gort: I'll second for discussion. Commissioner Reyes: Oh, okay. Commissioner Carollo: Okay. Commissioner Reyes: Okay. I'm sorry. I don't think that we -- as a city, we shouldn't set that precedent, because any of our neighbors, whenever they dislike what we're doing, they will sue us, and then we will go into an agreement. Let me askyou something, Mr. CityAttorney: Are we still -- Commissioner Carollo: Right. Commissioner Reyes: -- in court with this? Mr. Greco: The litigation is still pending. Commissioner Reyes: Now, in your personal opinion, do we have a chance of winning? Mr. Greco: Well, without getting into strategy, the City Attorney's Oce has always been optimistic about our case. Commissioner Reyes: We have a good case. I think we have a good case. And I'd rather define this once and for all and enter into an agreement with Key Biscayne on finding the way of getting their people out and our people in -- maybe building some other roads; I don't know -- but getting an agreement, but I don't allow -- I don't want to allow anybody any City to dictate -- City ofMiami Page 101 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: Commissioner? Commissioner Reyes: -- what we can do or what we cannot do. Commissioner Carollo: I -- b ice Chair Russell: If I may, Commissioner Reyes, if they were to get what they would be considered as dictating, that matrix would look a lot different. This is an agreement, and this matrix was agreed to by our Administration. So it's not their terms. This is what we worked together on. Commissioner Reyes: Well, I don't agree with it. Vice Chair Russell: And the concept is that the events that we run would not create - - because when we run a big event there, it has an impact on the island. It's the only road in and out. And if we don't manage the traffic appropriately, or whatever -- Commissioner Reyes: May I interject something? Lice Chair Russell: So we simply came to some agreements on when we run this size Of an event, we'll do this sort of mitigation for traffic -- Commissioner Reyes: May I? bice Chair Russell: -- and the number of events and everything. Even the Manager at that time, who was very aggressive on what types and amount and size events we would have, he felt that it was a -- it was more than he would be able to schedule in the year. Commissioner Reyes: May I also remind you, when they do any event in Key Biscayne, it will affect our property of the traffic also; people getting in and out to our properties, you see. We all are affected. So I think that we should find a better solution in which we can live in harmony and try to find a solution for the residents to come in and come out, and maybe more police. I mean, use police more efficiently or do something else, but what I am totally against is to relinquish the sovereignty of the City ofMiami. Lice Chair Russell: There's no sovereignty being relinquished. Commissioner Reyes: It is. Lice Chair Russell: But what is at risk if we do not come to peace with the tillage of Key Biscayne -- and we can put at risk whether we win or lose -- is the future of the boat show, which is very important to us, and we've invested a lot in that. We found a harmonious peaceful solution here, and there is no sovereignty being given up; they are not calling the shots; we are not doing everything that they want. This has been a very long time of negotiation with marry, many attorneys, and both cities involved to find peace. Commissioner Carollo: Well -- bice Chair Russell: If we want to fight, we can fight; but at stake, if we lose, is a lot. Commissioner Carollo: Commissioner, loop I want to get home early today. I've heard Commissioner Reyes. I've heard you. I, you know, don't agree with everything he said. Let's call the question and vote on it. City ofMiami Page 102 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 ['ice Chair Russell: Is there a second to call the question? Is Commissioner Hardemon on the floor? Commissioner Carollo: Is there a second to call the question? Commissioner Reyes: I second. Commissioner Carollo: Okay, it's second. Call the question. Nicole N. Ewan (Assistant City Clerk): Commissioner, there was a second by Commissioner Gort earlier. Commissioner Gort: He's talking about calling the question. Commissioner Reyes: Calling the question. Commissioner Carollo: Calling the question. Commissioner Reyes: I second. I second. Commissioner Carollo: Okay. Call the question. Can we bring it to a vote so we can move on to the next one, please? Vice Chair Russell: The Chairman would like to pass the gavel to Commissioner Gort -- Commissioner Carollo: Okay. bice Chair Russell: -- and offer a subsidiary motion to defer this item to the next meeting. Commissioner Carollo: Okay. Vice Chair Russell: I don't have a full dais here. Commissioner Carollo: Okay. Vice Chair Russell: I've been working on this with Key Biscayne for over a year. They're very vested in this as well. I want peace between our cities. I'm sure they'll be approaching you. I'm sure the Boat Show will be approaching you. And the Boat Show is our partner, and that would give this a chance. And if you don't -- if -- and we have a full dais next meeti ng; if we're a " no," were a " no." We'll let it go. We'll go to war. We'll see if we win. Commissioner Reyes: Sir, if we can settle this without all those conditions. Commissioner Carollo: We'll, he's got a motion. Lice Chair Russell: So is there -- Commissioner Carollo: Please. bice Chair Russell: --a second for the motion --the subsidiary motion to defer? Commissioner Gort: Second. No, I can't. Somebody else has got to second. bice Chair Russell: You can second. Commissioner Gort: I'll second. City ofMiami Page 103 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: Okay. b Ice Chair Russell: And then just take the vote on the -- you're the Chair at the moment. Commissioner Carollo: Can you take a -- Tice Chair Russell: (UNINTELLIGIBLE) take the vote on the deferral. Commissi oner Gort: Let's take a vote on the deferral. All in favor, state it by saying aye. ff Commissioner Carollo: No. Lice Chair Russell: Aye. Commissioner Carollo: No. 2-2, so it fails. So we go back to the original motion. Can we call the question, please? You're still chairing, Commissioner Gort? L ice Chair Russell: Commissioner Gort is currently the Chair. Commissioner Gort: Yeah. Do you want me --? Commissioner Carollo: Okay. Call the question. Commissioner Gort: Call the question. All in favor, state it by says ng " aye." Commissioner Gort: Aye. Lice Chair Russell: Aye. Commissioner Carollo: No. Commissioner Reyes: No. Commissioner Carollo: Motion is lost. Ms. Ewan: For the record, the resolution fails. Commissioner Carollo: Okay. All right, let's go to the next one. Lice Chair Russell: I'll take the chairmanship back Mr. Clerk, what do we have remaining from the morning's agenda? Commissioner Gort: RE.9. Ms. Ewan: Commissioner, RE.9 was addressed this morning. bice Chair Russell: I believe it was -- I believe that RE.8 and 7 and 6 were the only ones pulled from that block vote that we did, ifI'm not mistaken. Commissioner Gort: So that was passed. bice Chair Russell: Is there anything remainingfrom the morning's agenda? Ms. Ewan: The only thing are the board items. City ofMiami Page 104 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Victoria Mendez (City Attorney): Board items, and the possibility of a resolution with regard to the overarching issue of Pottinger and the other possible agencies and filing suit. We didn't crystallize a resolution on that. ['ice Chair Russell: I thought there was a resolution. Commissioner Carollo: I'm sorry. Didn't we do --? We haven't done 9 and 10, have we? Or -- Vice Chair Russell: Yes, we have. Commissioner Carollo: We did? Vice Chair Russell: I don't believe there was a resolution on that issue. Was there? Ms. Mendez: It was being discussed, and just if you want us to start -- Commissioner Carollo: That -- we made it clear, we didn't need a resolution on that. The Chairman acknowledged it. You were asked to come back with a resolution for the next meeting -- Ms. Mendez: Okay. Commissioner Carollo: -- that would meet all the requirements of Pottinger -- Ms. Mendez: Okay. Thank you. Commissioner Carollo: -- so this Commission can decide -- Ms. Mendez: Got it. Commissioner Carollo: -- if we want to -- Ms. Mendez: I wanted to clarify. Commissioner Carollo: --instruct you then to go to court to end Pottinger. Ms. Mendez: Okay. So we'll bring back the appropriate resolution. Commissioner Carollo: Yeah. Ms. Mendez: Thank you. N :7 *Is] 1011 W@] 0 3909 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE Commissioners FLORIDA DEPARTMENT OF EDUCATION TO REVISE FLORIDA'S and Mayor STATE PLAN FOR COMPLIANCE WITH THE EVERY STUDENT SUCCEEDS ACT IN ORDER TO MEET FEDERAL REQUIREMENTS AND ENSURE THAT ALL STUDENTS RECEIVE THE SUPPORT AND ATTENTION THEY DESERVE; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-18-0148 City ofMiami Page 105 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon. Russell. Gort. Carollo, Reyes Note for the Record. For minutes referencing Item RE. 9, please see "End of Consent Agenda. " 0:11 0*191ILIjIus] 0 3922 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE Commissioners UNITED STATES DEPARTMENT OF COMMERCE AND THE and Mayor NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ("NOAA") TO RETAIN THE NOAA FISHERIES HEADQUARTERS ON VIRGINIA KEY; FURTHER URGING MIAMI-DADE COUNTY, THE UNIVERSITY OF MIAMI ("UM"), THE UM ROSENSTIEL SCHOOL OF MARINE AND ATMOSPHERIC SCIENCE, FLORIDA INTERNATIONAL UNIVERSITY, MEMBERS OF THE SOUTH FLORIDA CONGRESSIONAL DELEGATION, THE MIAMI-DADE COUNTY LEGISLATIVE DELEGATION, AND OTHERS INTERESTED IN THE FUTURE OF GREATER MIAMI AS HOME TO AN EDUCATED CITIZENRY AND EXCELLENT INSTITUTIONS, TO ADVOCATE FOR AND TAKE OTHER AFFIRMATIVE STEPS TO PROMPTLY ADDRESS NOAA'S NEEDS AND ENCOURAGE AND ENABLE NOAA AND ITS COOPERATIVE INSTITUTE FOR MARINE AND ATMOSPHERIC STUDIES TO MAINTAIN THEIR FULL PRESENCE AND MISSION ON VIRGINIA KEY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-18-0149 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.10, please see "End of Consent Agenda. " END OF RESOLUTIONS City ofll=han i Page 106 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 AC - ATTORNEY-CLIENT SESSION ACA ATTORNEY-CLIENT SESSION 3914 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Office of the City CONDUCTED AT THE APRIL 12, 2018 MIAMI CITY COMMISSION Attorney MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC AND FLAGSTONE DEVELOPMENT CORP. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY OF MIAMI 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 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, JOE CAROLLO, AND MANOLO REYES; GONZALO DORTA, ESQ.; MATIAS DORTA, ESQ.; AND LAURA BESVINICK, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE- CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Victoria Mendez (City Attorney): Pursuant to provisions of Section 286.011(8), Florida Statutes, at the March 22, 2018 City Commission meeting, I requested an attorney-client session, closed to the public, to be held for the purposes of discussing the pending litigation in the matter of Flagstone Island Gardens, LLC (Limited Liability Company), and Flagstone Development Corp. v. City of Miami, case number 17-13829 CA 44, pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a party. The subject of this meeting will be confined to settlement negotiations or strategy sessions related to the litigation expenditures. This private meeting will begin at approximately 6:37 p.m. and conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairman Keon Hardemon, vice Chairman Ken Russell, and Commissioners Wilfredo "Willy" Gort, Joe Carollo, and Manolo Reyes; Gonzalo Dorta, Esquire, Mateas Dorta, Esquire; and Laura Besvinick, Esquire. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon City ofMiami Page 107 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 conclusion of the litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the Chairman will announce the termination of the attorney-client session. Thank you. Later... Chair Hardemon: Calling the meeting back into order. Madam City Attorney, is there a script that you need to read for bringing us back from the shade meeting? Ms. Mendez: No, just that it is done, that it's terminated, and we'll go back to the regular agenda. END OF ATTORNEY-CLIENT SESSION City ofMiami Page 108 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 BC - BOARDS AND COMMITTEES BCA RESOLUTION 3684 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR Clerk 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 Chair Keon Hardemon Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN City of 1=lialni Page 109 Panted on 05 2.5 2018 City Commission Meeting Minutes April 12, 2018 BC.2 3685 Office of the City Clerk BC.3 3851 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. ADr)nIKIT CC - RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Wifredo (Willy) Gort City of.Whan i Page 110 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 BCA 3852 Office of the City Clerk BC.5 3853 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Vice Chair Ken Russell Commissioner Manolo Reyes City Manager Emilio T. Gonzalez 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 Manolo Reyes Commission -At -Large Commission -At -Large Ciel, gf1limni P(gge 111 Printed on 05 25 2018 City Commission Meeting Minutes April 12, 2018 BC.6 3689 Office of the City Clerk BC.7 3854 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Leslie Puzo ENACTMENT NUMBER: R-18-0151 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon NOMINATED BY: Mayor Francis Suarez Nicole N. Ewan (Assistant City Clerk): BC.6, Community Relations Board: Mayor Suarez will be appointing Leslie Puzo. ['ice Chair Russell: Is there a motion? Commissioner Gort: Move it. Lice Chair Russell: It's been moved. Is there a second? Seconded by the Chair. All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. �CCAI 1 ITIANI A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Connie Johnson ENACTMENT NUMBER: R-18-0154 NOMINATED BY: Mayor Francis Suarez City ofMiami Page 112 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Ken Russell, Vice Chair Manolo Reyes, Commissioner Hardemon. Russell, Gort, Carollo, Reyes Nicole N. Ewan (Assistant City Clerk): BC. 7, Commission on the Status of Women: Mayor Suarez will he appointing Connie Johnson. Vice Chair Russell: Move it. Chair Hardemon: Been moved. Commissioner Carollo: Second. Chair Hardemon: Is there any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. 2854 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR A TERM Clerk AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY Marta Zayas Mayor Francis Suarez ENACTMENT NUMBER: R-18-0155 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo. Reyes Nicole N. Ewan (Assistant City Clerk): BC.8, Education Advisory Board: Mayor Suarez will he reappointing Martha [sic] Zayas. Commissioner Reyes: Move. Vice Chair Russell: Second. Chair Hardemon: Any further discussion? Hearing none, all in favor of the motion, say " aye." The Commission (Collectively): Aye. Chair Hardemon: Motionpasses. City ofMiami Page 113 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 3855 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD Clerk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes IAFF FOP AFSCME 1907 AFSCME 871 RESULT: NO ACTION TAKEN City of.Whan i Page 114 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 BC.10 3856 Office of the City Clerk BC.11 1599 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. RESULT: APPOINTEES: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo City Manager Emilio T. Gonzalez 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 City of.Whan i Page 115 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 BCA2 3857 Office of the City Clerk BCA3 3686 Office of the City Clerk Ciel, gflliami RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Jorge Suarez -Menendez ENACTMENT NUMBER: R-18-0156 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes NOMINATED BY: Commissioner Joe Carollo A'icole * Ewan (Assistant City Clerk): BC.12, 1=lavor's International Council: Commissioner Carollo will be appointing Jorge Suarez 1=lenendez. Commissioner Carollo: 11ove it. Tice Chair Russell: Second. Chair Hardemon: Any finrther discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Ave. Chair Hardemon: 11otion passes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Melissa Fernandez-Stiers Ruth Ewing Gustavo Perez Sonia Succar Rodriguez ENACTMENT NUMBER: R-18-0157 Page 116 NOMINATED BY: Mayor Francis Suarez Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Joe Carollo Printed on 05 25 2018 City Commission Meeting Minutes April 12, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon. Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item BC.13, please see "Public Comment Period for Regular Item(s). " Nicole N. Ewan (Assistant City Clerk): BC.13, Miami Forever Bond Program Citizens Oversight Board: Mayor Suarez will be appointing Melissa Fernandez- Stiers, Commissioner Gort will be appointing Gustavo Perez, Tice Chair Russell will be appointing Ruth Ewing, and Commissioner Carollo will be appointing Sonya Succar Rodriguez. L ice Chair Russell: Move it. Commissioner Carollo: This is for -- Ms. Ewan: The Miami Forever Bond Program Oversight Board. Chair Hardemon: Any further discussion? It's been properly moved by the t Ice Chair and seconded by the Chairman. Hearing none -- Oh, I'm sorry. I might have missed something. Can you state it over again? Ms. Ewan: Sure. The Miami Forever Bond Oversight Board: Mayor Suarez will be appointing Melissa Fernandez-Stiers, Commissioner Gort will be appointing Gustavo Perez, rice Chair Russell will be appoint Ruth Ewing, and Commissioner Carollo will be appointing Sonya Succar Rodriguez. Chair Hardemon: Okay. So I haven't made an appointment for that yet. I didn't get that notice. Ms. Ewan: That is correct. Chair Hardemon: Can you do this for me: Canyon ensure that I get at least some information about who they appointed, so I know what's there and what I need to kind offill the gap with (UNINTELLIGIBLE)? Ms. Ewan: Absolutely, Chair. I will. Chair Hardemon: Thankyou. Ms. Ewan: You're welcome. Chair Hardemon: Arty further discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motionpasses. Commissioner Carollo: How many women did we appoint there? Chair Hardemon: Sound like five. Ms. Ewan: Three. Commissioner Carollo: (UNINTELLIGIBLE). City ofMiami Page 117 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Chair Hardemon: Okay. And we get, what? We get two? Ms. Ewan: You get one each. Chair Hardemon: One each. Ms. Ewan: And the Mayor gets one. There's a total of seven. And then Commissioner Gort has one more. Commissioner Carollo: (UNINTELLIGIBLE)? Chair Hardemon: No, no, I don't. I just know I just couldn't remember exactly what it was. b ice Chair Russell: Gort gets two. Chair Hardemon: Gort gets two. Commissioner Carollo: For. one year. For. one year. Chair Hardemon: Oh, oh, yeah, with that thing. Oh, (UNINTELLIGIBLE), you know. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Carollo: Yeah. And after Gort, I get it, right? Commissioner Reyes: That's right, (UNINTELLIGIBLE). Chair Hardemon: Yeah, it was something like that. Commissioner Carollo: The Chair (UNINTELLIGIBLE). Chair Hardemon: Continue on. Vice Chair Russell: And this is mine, by the way. BC.14 RESOLUTION 3858 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY Clerk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City Commission Chair Keon Hardemon Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Manolo Reyes City ofMiami Page 118 Printed on 05125/2018 City Commission Meeting Minutes April 12, 2018 RESULT: NO ACTION TAKEN BCA 5 RESOLUTION 3639 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Office of the City APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE OFF-STREET Clerk PARKING BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: Larry Spring ENACTMENT NUMBER: R-18-0158 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo. Reyes NOMINATED BY: Off -Street Parking Board (At -Large Appointment) Nicole N. Ewan (Assistant City Clerk): Continuing on, on BC.15, the Off -Street Parking Board: The Off -Street Parking is requesting confirmation of Marlon Hill and Larry Spring. Commissioner Carollo: I'd like to divide that. Chair Hardemon: Hityourmike. Commissioner Carollo: It's lumped together in one; I'd like for it to be divided in two. And I'm going to vote for one that I think he's only served for a short time there: Larry Springs [sic]. It's been under a year, maybe six months, if I remember correctly. Larry, why don't you come up? Chair Hardemon: Been here all day with your Tulane tie. Commissioner Carollo: And he's a former City employee. I think everybody knows him. Larry Spring: Correct. Larry Spring, for the record. Commissioner Carollo: You've been serving for how long? Mr. Spring: About --just approximately six months. Commissioner Carollo: Okay. That's what I thought, somewhere in there. So I'd like to divide it: bring up Larry and then deal with the other appointment. And my position's in this, I want to make clear, have nothi ng to do with the i ndividuals, so if we could vote upon Larry first. I will make a motion for Larry. I'm sure there'll be a second. Chair Hardemon: All right. Any further discussion about the motion on the floor to approve -- City ofMiami Page 119 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: I'd just like -- you know, since the last time that I -- we had an appointment, major appointment -- certainly, Off -Street Parking Authority is major -- we didn't ask any questions of the individual. I was the only one that voted against it, but we didn't ask any questions, and I'm seeing how that's turning out. I want to askyou just a couple of questions, Larry. Mr. Spring: Sure. Commissioner Carollo: I'm not going to keep you up here a long time. What is your job as the director? Mr. Spring: What is my job? Commissioner Carollo: What do you do as the director over there? Mr. Spring: I couldn't hear you, sir. Commissioner Carollo: What do you do -- Mr. Spring: Oh. Commissioner Carollo: --as the director of the Off -Street Parking Authority? Mr. Spring: Oh, on the board? Commissioner Carollo: Yes, on the board, of course. Mr. Spring: We -- as a board member, we are there to oversee the -- kind of the policy and transactional decisions of the board itself. We'll do everything from marketing strategies, working -- you know, approve working with Pay by Phone. I know you guys had a fairly lengthy discussion about enforcement strategy for the Authority itself- you know, where are we going long range with parking, with share - - you know, ride sharing and all these other things. So there's a -- quite a bit of things that the board does. Commissioner Carollo: What is the budget of the Off -Street Parking Authority? Mr. Spring: Approximately, about $32 million operating budget. I know we have another 2 million or so that we deal with G4 for the City off of that. Commissioner Carollo: How many -- Mr. Spring: I mean, of course, the pension funds, about 18 million. Commissioner Carollo: -- employees do we have in the Off -Street Parking Authority? Mr. Spring: That I'm not sure, sir, exactly. Commissioner Carollo: Okay. Mr. Spring: I'd have to defer to the CEO (Chief Executive Officer). Commissioner Carollo: How many top management people do you have in the Off - Street Parking Authority? Mr. Spring: You have your deputy director, IT (Information Technology), your CFO (Chief Financial Officer), your attorney that we deal with mostly, so about five or six, and a open -- your operations chief as well. City ofMiami Page 120 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: What are the salaries that those top people make, beginning with the director, off the top of your ahead? Mr. Spring: I have not -- Honestly, I haven't been on the compensation conversation as of yet. We're just going into the budget process right now, so that'll be something new for me. But I couldn't directly answer that question for you right now, but I do have familiarity with the operations of the -- Commissioner Carollo: I understand, Larry. You've only been there six months. Mr. Spring: Right. Commissioner Carollo: And so, I understand that. Do you have any oversight as to contracts that are made within the Parking Authority or --? Mr. Spring: As a board, they bring all of their procurement contracts back for our approval -- Commissioner Carollo: Okay. Mr. Spring: -- even times rental of the -- something in your district -- leases that are in the Marlins Parking Garage. Those items come back through. And just for the record, I think most of you know, as the former CFO of the City of Miami, I had a lot of involvement in a lot of those transactions in the past, so I bring -- I think the one unique thing is, I bring a mind of history here. I understand what those policy decisions were before, what the thought was; in fact, where money was allocated for certain things. And in my six months, you know, I think I've shown and proven that know how to ask those questions and get to those points. Commissioner Carollo: What supervision is there, that you know of, for instance, in valetparking, and how is that processed? Mr. Spring: I have not gotten down into the policies of how we approve valet parking. We have done some -- we've approved some operators, if you will, in certain areas, like Coconut Grove. I know they have valet operations. Some areas in downtown where we have the -- well, the Authority oversees the on -street parking inventory, but as far as specific provisions, I have not -- in my six months, I have not drilled down on those as of yet. Commissioner Carollo: Do you believe or do you know if the City law is being followed in valet parking? Mr. Spring: I could not swear to it on a -- in a court of law. I do rely on the board attorney that is there. We have a City Attorney that is present and the Authority's attorney also, as well. Commissioner Carollo: Yeah, but the -- Mr. Spring: So we -- Commissioner Carollo: -- attorneys do not go out and do the kind of oversight -- Victoria Mendez (City Attorney): Thank you for clarifying that, Commissioner. Commissioner Carollo: --that employees do. Well, you're not off the hook yet, madam. You might be surprised in a few things here, but I take very well your point. The -- Is there, from you as a board member, any oversight at all in anything having to do with valetparking, booting, towing? City ofMiami Page 121 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Mr. Spring: As far as I know, as a board member, my understanding would be that there would be oversight from the operations area of the Authority. The enforcement arm of the Authority -- Commissioner Carollo: Okay. Who -- Mr. Spring: -- is with regards to -- Commissioner Carollo: -- who were those -- Mr. Spring: -- as far as the specific individuals and employees -- Commissioner Carollo: --people -- Mr. Spring: -- I do not know. Commissioner Carollo: -- who will those people be? Mr. Spring: I couldn't tell you names. I just know you have an operations manager, if you will. You have -- I know you have someone over enforcement, but I've not met the -- you know, the manager or the supervisor of those operations. Commissioner Carollo: Okay. As a board member, would it surprise you if you were given proof beyond a shadow of a doubt that laws were being violated and were not being followed? Chai r Hardemon: Now, is that a legal standard," shadow of a doubt"? Commissioner Carollo: Well -- Chair Hardemon: No. I'm just (UNINTELLIGIBLE). No, don't answer that one. Commissioner Carollo: -- it might be getting there. Mr. Spring: Well, as someone whose -- as a CPA (Certified Public Accountant) in my current position as a manager, obviously, you know, that would be something of grave concern to me that we would need to address, so. Commissioner Carollo: Okay. But it would concern you? Mr. Spring: It would certainly concern me. Commissioner Carollo: Okay. If it was something that was going on for years, would it concern you even more so? Mr. Spring: Absolutely. Commissioner Carollo: Okay. And if you were given evidence to the fact, as the director, what would you do, Larry? Mr. Spring: Well, obviously, my first call would probably be to call for an audit or some review by an independent party of the matter, and let the chips fall where they may, so be that criminal charges, administrative charges, whatever that is. Commissioner Carollo: Okay. Let me go over that again. You would call for a -- Mr. Spring: An independent audit of the matter. City ofMiami Page 122 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: Of the matter. Okay. Who does your auditing on surcharge monies on parking for Off -Street Parking? Mr. Spring: I believe that contract is actually with the City, if I'm not mistaken. I don't -- Commissioner Carollo: Well, is it with the City or is it with Off -Street Parking? Ms. Mendez: According to Fernando Casamayor, it's with the City. Commissioner Carollo: Okay. And the individual, Fernando, that does that, that was a contract that the City did directly with that firm, or did Off -Street Parking enter into that contract? Fernando Casamayor (Chief Financial Officer): Sir, off the -- Sorry. Fernando Casamayor, Assistant City Manager. Sir, off the top of my ahead, I couldn't tell you how we procured the services of the gentleman who does that for us. If you give me some time, I could -- Commissioner Carollo: Yeah. Mr. Casamayor: --find that out for you. Commissioner Carollo: Yeah. But who supervises him and directs him? Is it the City or Off -Street Parking? Mr. Casamayor: It's a contract that is with the City of Miami, and we ultimately have the authority as to renewals and extensions and, you know, the contract. We haven't had any issues -- Commissioner Carollo: Okay. Mr. Casamayor: -- with the Individual and the way he performs his duty. Commissioner Carollo: Yeah. Mr. Casamayor: Should we have it -- situations where we're not satisfied with the type of work that any vendor is doing, we have procedures where we can bar them and no longer do business with them. Commissioner Carollo: Can you provide to me, and any member of this body that would so want, a copy of those contracts -- Mr. Casamayor: Absolutely. Commissioner Carollo: -- so that we know how it was approved, what are the boundaries of what they're supposed to do? Mr. Casamayor: Sure. Commissioner Carollo: And I apologize; I thought it was Off -Street Parking that were in charge of that. That's one that I wasn't aware that the City had contracted for. Mr. Casamayor: Send you copies of the contract and all the -- Commissioner Carollo: Thank you. Mr. Casamayor: --procurement information as soon as we can, sir. City ofMiami Page 123 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: But does this individual work directly with Off -Street Parking or just City or both? Mr. Casamayor: I can't tel I you exactly how he goes about the work that he does i n the collection of the surcharge. I know that he works with the individuals that operate the parking lots, works with the Off -Street Parking, and with the City as well. Commissioner Carollo: Okay. But to the best of your knowledge, we're the only ones that are paying him. It's not a separate contract with Off -Street Parking? Mr. Casamayor: I believe the con -- whatever services he's providing for the City of Miami regarding the surcharge is strictly with the City ofMiami. Commissioner Carollo: Okay. All right. Thank you. Cornu issioner Gort: It'stheCity of Miani procurement. Commissioner Carollo: Thank you. Larry, would it surprise you if you were shown proof that lots -- illegal lots are charging parking revenue for cars to park that are not registered and are not paying the City any surcharge? In other words, they're stealing from us, and after it's been reported that nothing has been done? Mr. Spring: It would shock me if, after it's been reported, nothing was done. Commissioner Carollo: Okay. All right. Okay. I really don't have a lot more, except, you know, I think the rest can be dealt with at the workshop that we're going to be having soon. I appreciate your honesty in your questions, Larry, and I'm glad that you're there. You have a strong financial background. I hope, you know, the -- your back is good, and thankyou. Mr. Spring: I appreciate your support. Commissioner Carollo: Sure. I make a motion for approval for Larry. Chai r Hardemon: Any further discussi on? Al I i n favor of the moti on, say " aye." The Commission (Collectively): Aye. ChairHardemon: All against? That motion carries. Ms. Ewan: And, Chair, the appointment was bifurcated, so we still have Marlon Hill. Commissioner Carollo: Yes. Chair Hardemon: Right. The -- are they general appointment? Is that a recommendation from --? Ms. Ewan: That's a recommendation -- Commissioner Carollo: That's how it works, yeah. Ms. Ewan: --from the board. Commissioner Carollo: How it works, Chairman, in case you have forgotten -- and we have so marry boards that it's easy to -- the Off -Street Parking Authority is called a semi-independent board. It's practically almost an independent board. City ofMiami Page 124 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Gort: (UNINTELLIGIBLE). Commissioner Carollo: But it's semi -dependent, because al I that we do is say " yea" or " nay" on the appointments that they bring to us. They get to pick between themselves who they want --just like a fraternity -- and they recommend to us, and al I that we can do is say " yes" or " no." Now, the next one I'd I i ke to defer, because what I'm looking at is the history of appointments. Larry is new, as he told you, but I'm seeing that you have people there that have been there for a long, long, long time, and I just want to see how marry, because I want to bring back to the Commission some possible recommendations for us to consider and discuss with them before we make the next appointment. ChairHardemon: Well, do we have any authority to recommend to them individuals to be put on the board or all --? Commissioner Carollo: No, no. We don't have any authority in telling them who they can bring to us. All that we have is the authority to say 'yea" or "nay, " but we do have the right to say, " Look" -- Chai r Hardemon: To say " no." Commissioner Carollo: -- " we" -- You know, if all of us can only be up here -- and I think it's a good policy --for eight years, we shouldn't have individuals that are there for double that and more. So that's where you start running into problems usually in government, when you have people there for so long. That's why I think voters across the state have come with term limits. So I'm still looking at a few things that I'd like to be given just a little more time to bring back, and when we have this workshop, show proof to this body as to some of the things that have been going on in our City, and some of those -- not all -- have to do with the Off -Street Parking Authority. Now, there might be some City departments that are involved in that, too; I don't know, and it's part of what I'm trying to get information back to determine. So if I can make a motion for the second -- And this has nothing to do with the individual. Let me make that clear. I'm sure this is a fine individual, so I don't want anybody to think anything ill of him; got nothing to do with him, whatsoever. So if I can make a motion that we defer this for the last meeting in May. ChairHardemon: All right. Commissioner Gort: What are we asking of -- ChairHardemon: You don't have to make (UNINTELLIGIBLE). Commissioner Gort: -- the Off -Street Parking? Commissioner Carollo: Okay. Commissioner Gort: More information on this individual or --? Commissioner Carollo: Well, I'm trying to get more information in the whole procedure inside the Off -Street Parking Authority on processes, on how many years members are there and so on, so that we could get a better reading and decide as a board. And I believe in the democratic process; sometimes you have a majority of colleagues that agree with you, sometimes you don't, and that's how democracy works. Commissioner Gort: All right. City ofMiami Page 125 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Chair Hardemon: Okay. 1 understand ive don't have to have a motion to defer it today. Commissioner Carollo: Okay. Yui[ N:&101ILI]IIDI► 3472 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD Clerk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: BCA7 3473 Office of the City Clerk 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 A CERTAIN INDIVIDUAL AS A MEMBER OF THE SEA LEVEL RISE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. Frances Colon ENACTMENT NUMBER: R-18-0159 NOMINATED BY: Mayor Francis Suarez Ciel, gf1lialni Page 126 Printed on 05 '25 2018 City Commission Meeting Minutes April 12, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item BC.17, please see "Public Comment Period for Regular Item(s). " Chair Hardemon: Now, you want to move on with the rest of your appointments? Nicole N. Ewan (Assistant City Clerk): Yes, Chair. The last item, BC. 17, Sea Level Rise Committee: Mayor Suarez will be appointing Frances Colon. Commissioner Carollo: Who's that? Ms. Ewan: Frances Colon. Commissioner Carollo: Okay. Commissioner Gort: Move it. t ice Chair Russell: Move it. Second. Chair Hardemon: All in favor of the moti on, say" aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. I have two? Do I have two? Ms. Ewan: No, Chair. I did speak with your office regarding that. That will be on the May 24 agenda. Chair Hardemon: So it's not on this agenda? Ms. Ewan: That is correct, Chair. Chair Hardemon: Okay. For -- and that's for the -- Ms. Ewan: The Civil Service Board, that is correct. Chair Hardemon: Okay. I just want to make sure we're clear. Ms. Ewan: That concludes the board appointments. Thank you. Chair Hardemon: Thankyou very much. City ofMiami Page 127 Printed on 0512512018 City Commission Meeting Minutes April 12, 2018 BCA8 3692 Office of the City Clerk BCA9 3693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE SENIOR CITIZENS' ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Manolo Reyes 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: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large Ciel, gf1limni P(rge 128 Printed on 05 '2.52018 City Commission Meeting Minutes April 12, 2018 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 BC.21 RESOLUTION 3694 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING 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: Mayor Francis Suarez RESULT: NO ACTION TAKEN City of.Whan i Page 129 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 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 Clerk 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 Ciel, gfllimni P(gge 130 Printed on 05 '2.52018 City Commission Meeting Minutes April 12, 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 Clerk TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez 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 City of.Whan i Page 131 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 DI - DISCUSSION ITEMS DIA DISCUSSION ITEM 3818 DISCUSSION REGARDING A PRESENTATION BY THE City Manager's CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES Office CONCERNING THEIR ANNUAL REPORTS: - ARTS AND ENTERTAINMENT COUNCIL - EDUCATION ADVISORY BOARD - MIAMI SPORTS AND EXHIBITION AUTHORITY - OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD - PLANNING, ZONING AND APPEALS BOARD - WATERFRONT ADVISORY BOARD RESULT: PRESENTED Note for the Record: For additional minutes referencing Item DI.I, please see "Public Comment Period for Regular Item(s). " Chair Hardemon: All right. I think we have some discussion items, I believe, because --yeah. Annual report. Well, a lot of the annual reports were done during the public comment section, so we can move on from there. DI2. lictoriaMendez (CityAttorney): Chairman? Chair Hardemon: Yes. Ms. Mendez: I believe Mr. Garavaglia, from Planning & Zoning Board, is here for the -- Chair Hardemon: Oh, okay. Please. Commissioner Gort: I got (UNINTELLIGIBLE). Charles Garavaglia: Thank you for hearing me this afternoon. I'm the -- Charles A. Garavaglia. I am the chairman of the Planning/Zoning Board for the City of Miami. This is my opportunity to give you my annual report. I think you have it. I won't go through the details on why we're here and if we should still be here; I'll leave that up to your wisdom. But I will give you two points to ponder. One is, this year in 2000 - -orin2017-- b ice Chair Russell: I'm having trouble hearing. I'm sorry. Mr. Garavaglia: In 2017 -- Chair Hardemon: You're pretty tall. If there's a wireless mike there, you can use that, if you like. Mr. Garavaglia: I'll speak closer. Chair Hardemon: Okay. City ofMiami Page 132 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Mr. Garavaglia: Usually, I'm the one saying that. The -- in 2017, we went paperless. We no longer ask the City to produce board material for us. We encourage the board members to bring their own devices. And I think we're saving the City quite a bit of money; at least I hope we are. And certainly, we're being green. So I would encourage you all -- I see big books on your desk -- if there's any opportunities to go electronic, please do so. It's worked very well for us at the board. The second item was kind of a disappointing item. The board came with a resolution; the City Manager was pretty dismissive with our request. And when I came before the Commission asking for your consideration, I thought -- and I was very disappointed with the lack of attention the request had. We're all volunteers. We take our time. We do our job with great spirit and deliberation. And -- I don't know -- I think treating us that way is disappointing. And as a member of the City community, I would just ask for you to be -- I don't know -- a little bit more mindful when our requests are just dismissed summarily by staff, by the City Manager, and subsequently, the Commission. With that, that concludes my report, and we hope to be successful and continue to be a successful asset for the City. Thankyou. CommissionerGort: Thankyou. Chair Hardemon: Before you leave, I just want to say that the Planning and Zoning and Appeals Board is a very important board to the City ofMiami. And the amount of public comment that you receive is just as much as we get on a public comment time and -- when it comes to our Planning and Zoning calendars -- so I applaud you for volunteering your time -- Mr. Garavaglia: Thankyou. Chair Hardemon: -- to hear those issues, because they can be difficult, they can be passionate, and they can be long. And so, we do appreciate that, although the vote for the compensation didn't go the way that you all would have liked. There are many things that I believe in the City of Miami that are not back to the way that they were that probably deserve to be, and that's everything from police and fire compensation to retirement, pensions, and things of that nature that you were considering. So there's a time that it probably will get back, but at the time that we made the decision, it wasn't that one. Mr. Garavaglia: Understood. And I would be remiss if I didn't thank staff. They do a great job supporting us, and they're very supportive of going paperless, and they do a great job asking and indulging us with all of our questions, so thank you, staff. Thankyou, Commission. Chair Hardemon: DI2. Nicole N. Ewan (Assistant City Clerk): Chair, for DI1, I see the chair of the Overtown Advisory Board here, and I know we still have that item on the agenda. Irby McKnight: Good after -- Chair Hardemon: Good afternoon, sir. Mr. McKnight: --noon. It is normally in January that we, the boards, have to make these reports, and I have been the former Mayor's appointee to the board for the last eight years. After he left office in November, I assumed that my term end. However, I had been contacted that this has to be done. I understand all those years serving on the board that it has to be done, so, yes. There is no other board in Overtown that operates as the Overtown Oversight Board does. It is definitely a need for such board in that transitioning community; especially, with all of the problems, social ills, economic ills, and all the other ills you can think of being alive and well there. City ofMiami Page 133 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 But to really do this properly and make a difference, the board need to go back to its original ordinance that created the Overtown Advisory Board. That board was able to squash things that were not necessarily in the best interest of the community or the City, because it had the power of bringing in department heads. We have Hurricane Derby [sic] still in the streets of Overtown. Now, if you ride down 2nd and 3rd Avenue, you don't see that, but those are not the only streets in Overtown, and most Of us live off 2nd or 3rd Avenue; they're business corridors. And if you have a resident in the corridor, you really live in a very had location, because the traffic is absolutely unbearable. I am a volunteer at the Culmer Center, 1600 Northwest 3rd Avenue, and to go across that street from 2 till 5:30 is almost impossible. ChairHardemon: Third Avenue? Mr. McKnight: Yes. It's almost impossible. And it's a neighborhood full of little children that go to the store by them self. I am frightened when I see a five- and a seven -year -older trying to make their way across the traffic. But a friend of mine from Chi cago spent some ti me and sai d to me, " V\bw, i is amaa ng. These I ittl e children and these little chickens can navigate their way through this traffic. So and someone was hit by a train that night, and they called me from the hotel to say, " VVow, we were i n Overtown all day long, and we saw chickens and chi Idren darting through traffic. How was this adult get hit by a train that make all that noise and sound a whistle? They should come to Overtown, and they'll be trained to cross the street." Well, let us try to get this board back in order. I've already celebrated the 31st anniversary of my 39th birthday, so I'm not really interested anymore. I have put myself out to pasture and -- But I do know that people still come. They still pretend like, " Oh, yeah, you know, it's the real old board." No it's not. We can't do that. if e can't do anything; the original board could do everything; bring in the Secretary of Transportation for the district and say, " This is wrong and correct it," and they do that. That can't happen. Mr. Willy Gort, Commissioner Carollo, both of you were here. Commissioner Carollo: That's right. Mr. McKnight: Both of you came to those board meetings in Overtown. You knew that department heads needed to be there. It doesn't make sense for Karen Cartwright to be riding in the sanitation truck in the morning picking up garbage or cleaning out storm sewers, but we can't get them there anymore under the new ordinance. So Karen Cartwright need to be at the yard at 4:30 in the morning so that she can do -- convince the director that we have a flood on this corner, because this drain hadn't been cleaned in 10 years. Now, there is a group of people that's hired to clean the Metrorail sound barrier. It's been cleaned twice in Overtown, since the rail has been put in. We had the Super Bowl, so we get it cleaned then. So we rooting for another Super Bowl, because it needs to be cleaned again. However, when I spoke to the workers last Super Bowl, you know what they told me? " Oh, no, thi s i s my job. I do thi s 40 hours a week." And I'm goi ng, " You do? And you never been here before? So, are you cleaning the same clean spot everyday?" ChairHardemon: That's how it stays clean. Mr. McKnight: Yeah, I understand. I understand that quite well, but we are apart - - that train line runs through our neighborhood. Chai r Hardernon: So you're sayi ng -- so the -- I guess it will be the -- Mr. McKnight: The sound barrier. Chair Hardemon: Right. Would it be the County -- oh, that's the State. That's the FDOT (Florida Department of Transportation) hires them? City ofMiami Page 134 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Mr. McKnight: No. This is the Metrorail. ChairHardemon: Sothis is County? Mr. McKnight: This is the County. ChairHardemon: So they -- Mr. McKnight: This is Dade County. ChairHardemon: -- they're supposed to clean all the way -- Mr. McKnight: From one end of the line to the other, but by the workers in Overtown on lunch break duri ng Super Bowl, they said that, " No. This our f rst time ever coning in this area." ChairHardemon: Got it. Mr. McKnight: See. ChairHardemon: (UNINTELLIGIBLE). Mr. McKnight: So -- and if the board had its original power, we could bring them down and say, " You have to do this." We have two Metrorail Stations: Overtown and Culmer. We weren't scheduled to get any, but then we threatened -- they was going to be at grade level. We threatened to put all the cars on the track, and so it became elevated, and we got two stations out of that. So it's not like we don't know how to navigate; we just don't have any place to go. We could get there; we know how. Bring the original ordinance that created that board in 1982 back, because that work. But there is -- and to answer the questions on the form, no, there is no other board serving that purpose in Overtown. CAA, Community Action Agency, did have a similar board. It has not met in 18 months. No other one is doing that. Oh, yeah, there are other board meeting going on in the neighborhood for CDCs (Community Development Corporations), et cetera, et cetera, and they tend to their business, but it's the Overtown Oversight Board that is the community board. You have the Village of St. Agnes bringing problems to the board, because it's a condominium association. They wake up in the morning time and see that a family move in during the night that they knew nothing about, because the house was foreclosed on; and the bank didn't notify the homeowners association, whom I think, when I worked with General Development all those years, would have the rights to buy back that property or approve the new owners. The bank just ignored that altogether. They just, " Okay, you want it? You have it." And they come to the Overtown Advisory Board. The board can't do anything about that under the current ordinance. Help us. Help that community. It is in transition. It is changing. And it's either going to be the best salad bowl or the greatest pot of soup there ever. It's a melting pot or a salad bowl. It's what we make it. Help us to make it a salad bowl. Let us -- everybody maintain their identity and one unity and one community. Thank you. ChairHardemon: Thankyou, sir. Are all the boards complete? Ms. Ewan: Yes, Chair. The only one is the Miami Sports & Exhibition Authority, which, I understand, will come back at a later date. ChairHardemon: Okay. Canl move onto DL2 now? Ms. Ewan: Yes, you may. ChairHardemon: Thankyou. City ofMiami Page 135 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 DI.2 DISCUSSION ITEM 3969 DISCUSSION REGARDING THE CITY MANAGER. Commissioners and Mayor MOTION TO: Defer by Unanimous Consent RESULT: DEFERRED BY UNANIMOUS CONSENT Note for the Record: Item D1.2 was deferred to the April 26, 2018, Planning and Zoning Commission Meeting. Chair Hardemon: Right now, we have two discussion items: D1.2, City Manager; and D1.3, Charter amendments. I'm not sure if that's something that we want to continue on with. Vice Chair Russell: Discussion items with cake. Commissioner Carollo: Well, hey, he has that privilege. He's the oldest one between us here. He's got that privilege. Ms. Mendez: Let me cut some cake and -- Chair Hardemon: Would we like to --? Are we discussingD1.2 and DL3? Commissioner Gort: Move to adjourn. Chair Hardemon: It's been properly moved, seconded by the Chair to adjourn. Seeing no further discussion about the movement, the motion to adjourn, the meeting's -- Commissioner Carollo: Excuse me? Chair Hardemon: We're about --we're finished, except for D1.2 and DL3? Commissioner Carollo: Oh, okay. Chair Hardemon: So I didn't know if we wanted to discuss those, or do you want to roll them to the next meeting, or do you want to say something briefly? Commissioner Carollo: Chair, these are items that are going to take quite a bit of time, and let's end the night in a pleasant, sweet way with cake. If we could put these items up for the next meeting. Chair Hardemon: Okay. Commissioner Carollo: And if we could get them, though, in the -- either early afternoon or morning, if it's possible, I would appreciate it. Chair Hardemon: All right. So what we'll do is we'll continue the items till the next meeting. Commissioner Carollo: If you could continue them for the next meeting then. Chair Hardemon: Then we'll conclude this meeting. Thankyou very much. City ofMiami Page 136 Printed on 0512512018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: Great. Chair Hardemon: Okay. Connnissioner Carollo: ThankV011. DI.3 DISCUSSION ITEM 3970 DISCUSSION REGARDING CHARTER AMENDMENTS. Commissioners and Mayor MOTION TO: Defer by Unanimous Consent RESULT: DEFERRED BY UNANIMOUS CONSENT Note for the Record: Item 1)1.3 was deferred to the April 26, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item 1)1.3, please see Item DL2 END OF DISCUSSION ITEMS Ciel, gf 1 haani Page 137 Printed on 05 '2.52018 City Commission Meeting Minutes April 12, 2018 PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) PZ ORDER OF THE DAY Chair Hardemon: I'll open the floor for public comment. If you're here for the public comment section of the Planning & Zoning agenda -- so that's PZ.1 and PZ.2 -- you can approach any of the two lecterns. Once again, if you're a member of the public and you're here for the public comment section of those items, PZ.1 and PZ. 2, you may approach any of the lecterns. State your first and your last name. You may state your address and what item it is that you're here to speak about. Seeing no public comment, I'll close the public comment section at this time. Chair Hardemon: In the agenda there's a discussion. City Manager. Commissioner Carollo: Chairman, I suggest that we jump to the Planning & Zoning item; I don't know how marry people that might be here. I would think this would go quicker. Chair Hardemon: All right. Madam City Attorney, you want to read into the record the Planning & Zoning agenda, its instructions? t ictoria Mendez (City Attorney): Thank you, Chairman. We will now read the procedures for Planning & Zoning items. The procedures will go according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ (Planning & Zoning) 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 items on the agenda today. The members of the City Commission shall disclose any communications, 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 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 are available at the City Clerk's Office and at the podium for your ease of reference. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will 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 an evidentiary hearing. The order of presentation shall be as set forth in the Miami 21 Code, providing the appellant shall present first. All persons testifying must be sworn in. The City of Miami 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 City ofMiami Page 138 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 been provided seven days before the meeting as a part of the agenda materials will be entered into the record at the City Commission's discretion. Thankyou. Todd B. Hannon (City Clerk): Good afternoon. If you're speaking on any 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: Thankyou, Chair. ChairHardemon: Thankyou very much. PZ.1 ORDINANCE Second Reading 3111 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Planning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE REAL PROPERTIES LOCATED AT APPROXIMATELY 2810, 2814, 2816, AND 2818 SOUTHWEST 37 AVENUE AND 3700 SOUTHWEST 28 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13764 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon. Russell. Gort. Carollo. Reyes ChairHardemon: Sir. Francisco Garcia: Mr. Chair, Commissioners. For the record, Francisco Garcia, Planning Director. Items PZ.1 and PZ. 2, as stated, are companion items. They are respectfully a land use change and rezoning request for properties at 2810, 2814, 2816, 2818 Southwest 37th Avenue and 3700 Southwest 28th Street. These are before you both on second reading. And essentially, the request would result in taking properties -- five properties on the Southwest 37th Avenue Corridor, roughly across the street from Douglas Park, from a development capacity of three stories to five stories and from a density of 36 units per acre to 65 units per acre; and it would also have the effect of taking a limited set of uses with predominantly residential occupancies to a full mixed-use scenario, where offices, residences, or commerce could meet the principal use on the land. Our recommendation is for denial, and the primary reason for that recommendation is based on the fact that we feel these roughly five properties are in a corridor that stretches all the way from 28th Street to Bird Road. And if these properties were to be considered for this rezoning, then all of those properties should be considered for the same rezoning; not only these on a stand-alone basis. And also, we have brought to light before for your consideration City ofMiami Page 139 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 that this happens to be within a Transportation -Oriented Development Zone, which means that it is very close to a Metrorail Station -- Douglas Metrorail Station -- and we feel this area is prime for development of workforce and/or affordable housing, and we would like to take the opportunity to explore the rezoning of the entire corridor, with a view to provide for those particular purposes. The request was made prior to this study -- that has to be mentioned; nevertheless, once presented with this opportunity, we certainly would like to explore it further. That said, our recommendation is for denial, based on what I've presented to you; the Planning, Zoning & Appeals Board failed to make a recommendation either way. There was a tie vote, and therefore, no recommendation came from that board. With that, I close my presentation and certainly happy to answer any questions you may have. Lice Chair Russell: Mr. Chairman. ChairHardemon: You're recognized. Yice Chair Russell: This item's in my district, and it's right across from Douglas Park and on Douglas Road. It's an area that's very near the Metrorail Station, and I agree with Francisco that it is ripe for a zoning/planning exercise that would really prioritize affordability near the transit. That being said, I don't want to hold up the potenti al devel opment here i f we can set a precedent or a templ ate of how we' d I i ke to see that maybe go forward. We've done that in other parts in the Omni area and such. And so, I've worked together with Mr. -- with Ben here -- with Mr. Fernandez here to come up with a covenant of affordability integrated into the program, into the project. And we originally proposed to them a 10 percent of their total unit, workforce inclusion, or 5 percent at affordable or two and a half at ELI (extremely low income), and they've chosen to go with the 5 percent at the affordable rate, 80 percent AMI (area median income), which would come out to about two units, ifI'm not mistaken -- Ben Fernandez: Correct. T ice Chair Russell: -- integrated into the project, and I'm satisfied with that. I think that will work as a good template moving forward in that area; that when someone comes to us for a rezoning or we bring in a rezoning as a whole that we look for about those ratios in that development to be inclusionary. The question that remains -- and the only thing that doesn't seem to be solved here -- is what if it's developed nonresidential? And then, we've not solved the situation at all. I wanted to have an option for an offsite payment into the Affordable Housing Trust Fund, and I don't believe we've ever worked that out, if it were to be -- you know, unless the covenant here is that this will also be residential. Mr. Fernandez: No. Lice Chair Russell: Is that part of it? It's not. Mr. Fernandez: No, it's not. Lice Chair Russell: So then, we have a bit to work out then. Mr Fernandez: Well --I mean, I think we could stick with our original proffer of -- Chair Hardemon: Can you announce yourself for the record? Mr. Fernandez: I'm sorry. Ben Fernandez, 200 South Biscayne Boulevard, on behalf of the applicant. We could stick with our original proffer of, say, a $40,000 contribution, should it not be developed with residential uses. I think the strong likelihood is that it will contain a residential component. That is the concept. It will be residential above a commercial use. That's why our covenant also provides for a City ofMiami Page 140 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 limitation on some of the commercial uses. So just to clarify some of the director's comments, it would be a mixed use permitted, but subject to the conditions and restrictions in the covenant that prohibit some of the uses that you don't want across from a park. b ice Chair Russell: Right. No, and I recognize that. Mr. Fernandez: Yeah. L ice Chair Russell: And -- So what's the logic on the map on how you came to that 40,000? So current -- what's the current capacity under existing zoning of what could be built there? About how many units? Maybe, Francisco, you could help with that. Mr. Director. Commissioner Gort: (UNINTELLIGIBLE) the mike. Mr. Garcia: Yes. Thank you. Happy to do so, sir. The -- and I would ask Mr. Fernandez to correct me if I'm wrong in my calculations, but based on the calculation that the area of the land in question is approximately three quarters of an acre, the net addition in terms of units would be 21 units as a result of the change in density. b ice Chair Russell: I'd be satisfied if we could enter that into the covenant. I do encourage and hope that it does become residential. I think that area, especially right across from our brand-new park there and the coming community center, is ripe for housing, and especially affordable housing. So I -- Mr. Fernandez: Absolutely- Vice bsolutely.b Ice Chair Russell: -- thank you and your client for proffering that covenant. I'm happy to move the item with that added Mr. Fernandez: Absolutely. Yes. ChairHardemon: PZ.1 has been moved. Is there a second? Commissioner Gort: Second. Chair Hardemon: It's been properly moved and seconded with those -- Commissioner Reyes: Can I --? ChairHardemon: Sure. Commissioner Reyes: Please. I do agree with the b ice Chair that if there's going to be further redevelopment -- I mean, rezoning, that will not preclude this application to go forward, but you mentioned that you -- a percentage is going to go for affordable housing. It's going to be, what, workforce? Mr. Fernandez: Essentially workforce, yes Commissioner Reyes: Workforce. And my only concern is that what kind of middle income are you going to use to calculate or estimate the rent that you are going to ask for in workforce? Mr. Fernandez: Well, it's 80 percent ofAMZ Commissioner Reyes: Okay. But which one; in the City of Miami or the County? City ofMiami is $35, 000; County is $51, 000. They are -- they don't mix. City ofMiami Page 141 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Mr. Fernandez: It's 80 percent of the HUD (Department of Housing and Urban Development). Commissioner Reyes: The HUD. That is not real in the City of Miami. I mean, the HUD middle income is average -- It's not the middle Income average of the City of Miami, and that's -- in my opinion, that's not workforce, you see, because it's going to be very high. Vice Chair Russell: It's actually not meant to be workforce; it's meant to be more aggressive. It's meant to be affordable at that level to do two units, because if we're talking workforce, he was supposed to do four units, so he's talking two units, but your concern is on what basis we're measuring the percentage. Commissioner Reyes: Right. Lice Chair Russell: So 80 per -- Commissioner Reyes: Note -- Vice -T ice Chair Russell: Have you got a calculation of what that per -square -foot cost would be or that average unit cost would be on a monthly basis at the 80 percent of HUDAMI versus City AMI? Mr. Fernandez: We had a brief discussion about that, and it appeared to come in at under a thousand dollars. Vice Chair Russell: At the HUD level -- Mr. Fernandez: Correct. T ice Chair Russell: --of 80 percent of AMI? Mr. Fernandez: Yes. Commissioner Reyes: How many square feet? Mr. Fernandez: How marry square feet for the unit? Commissioner Reyes: That'sright. Mr. Fernandez: I believe it was approximately 800 to a thousand square feet. Commissioner Reyes: 800 to a thousand. Still, I'd rather see you use the City of Miami middle income. Mr. Fernandez: Commissioner, I've got to tell you that I really think that when your study comes back -- and I think it's long overdue. You know, it's a shame that both 27th Avenue Metrorail Stations, 37th Avenue Metrorail Stations are only now beginning to come into compliance with -- well, only 37th Avenue -- with what your Comprehensive Plan calls for, which is additional density near your train, because we don't have any more trains; we know that. We have to bring people to the train. And this property is within that pedestrian shed, as the director indicated, where you want to encourage development. So I think your study's going to come back and suggest that you should have even more intensity -- Commissioner Reyes: Yes. Mr. Fernandez: -- near the train. City ofMiami Page 142 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Reyes: That's not what I'm saying. What I'm saying is, you see, when you're going to rent those units that being set aside for low income -- Mr. Fernandez: Right. Commissioner Reyes: -- or for affordable income, you see, that instead of using the Miami -Dade County middle income, which is unrealistic in the City of Miami, because it includes certain areas that they are very affluent and doesn't really portrays the income -- the middle income of those people that live within our City, you see. In some areas, middle income is only $15, 000 a year, you see. So I strongly suggest or request that when you are estimating the amount of rent that is going to be asked that instead of using the middle -- the table that is HUD table, which is provided by Miami -Dade County, that you use the real middle income of the City of Miami, which is 34-9, you know -- let's settle for 35, 000, you see. That's what I am suggesting. Lice Chair Russell: Mr. Chairman. Commissioner Reyes: Yes, sir. ChairHardemon: You're recognized. Vice Chair Russell: Would you client be willing to alter the covenant to reflect City AMI versus HUD AMI? If so, I'll be glad to amend my motion. I think your recommendation is very valid, and we should be talking about our City with regard to affordability, not a different scale that doesn't apply. Commissioner Reyes: Yes, sir. bice Chair Russell: Thank you for that suggestion, Commissioner Reyes, but obviously, it's a voluntary covenant -- Commissioner Reyes: Yes, sir. b ice Chair Russell: -- that's been proffered by the -- Mr. Fernandez: My client couldn't stay through the whole proceeding, so I would have to contact them to get authorization on something like that. Commissioner Gort: What's the amendment? b Ice Chair Russell: The amendment is simply to calculate the 80 percentAMl on the City level ofAMI versus HUD level ofAMI, so we're talking about realistic average median income. It's not insignificant. It is a difference. But if there's a way for you to contact them -- we have a few other items on the agenda -- I'd be glad to table. Mr. Fernandez: I will do that. Vice Chair Russell: Shall we table the item? Commissioner Reyes: Yes, sir. Chair Hardemon: Okay. So we're tabling PZ.1 and PZ. 2. Vice Chair Russell: Because I believe that's the only outstanding issue. I'm ready to move forward on this -- Commissioner Reyes: That's -- the only issue that I have with that -- City ofMiami Page 143 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 ['ice Chair Russell: --and seethe development. Thank you. Commissioner Reyes: -- I mean -- and I will have it with everyone that comes before this Commission. Yes, sir. Mr. Fernandez: Understood. lice Chair Russell: Tabled? Chair Hardemon: The item is tabled. tiictoriaMendez (City Attorney): Chairman. Oh. The item is --I'm sorry? Lice Chair Russell: Tabled. Ms. Mendez: Tabled? ChairHardemon: Yeah. Ms. Mendez: Oh, okay. Chair Hardemon: So PZ.1 and PZ.2 is tabled. So -- I mean, the only thing we have left on our agenda, it appears to be -- Ms. Mendez: We have a couple. ChairHardemon: The shade meeting --I mean, I'm sorry -- the discussion items and then -- Commissioner Carollo: Well -- Ms. Mendez: Right. And the shade -- Commissioner Carollo: -- the shade meeting, we're going to have to go the minute we're down here and then come back -- ChairHardemon: Right. Commissioner Carollo: -- because they're there already, and I don't want to be accused of having spent thousands of dollars more because I delayed it with my items. Chair Hardemon: So someone's up there right now waiting on us? Commissioner Carollo: But -- Ms. Mendez: The attorneys are there, the outside counsel. ChairHardemon: Okay. So I guess we'll recess to the shade meeting. Commissioner Carollo: Yeah. Ms. Mendez: Yes. If can -- Commissioner Carollo: What -- ChairHardemon: Its tabled. City ofMiami Page 144 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 I ice Chair Russell: He's checking with his client regarding their covenant that they're proffering to calculate the affordability on the City's affordability scale versus the HUD affordability scale, as recommended by Commissioner Reyes. Commissioner Carollo: Okay. Something else that I would like to see if he could check with his client: that instead of giving all this workforce accessible housing, whether four versus two, find out from your clients, instead of having accessible housing or workforce housing, how much are they really willing to offer to the City for all the additional units that you're getting? It used to be, the biggest joke in Miami was that someone would knock on your door and say that they -- they're from the IRS (Internal Revenue Service) and they're here to help you. The biggest joke now Is that " Give me 50 percent more up -zoning, and I'm going to build accessible homes for you and workforce homes." VW re not going to get them, and, you know, we're kidding ourselves; or worst -- I'm trying to be politically correct, because everybody that's coming up here telling us workforce housing, accessible housing, is not going to do it, because there's no one that's enforcing it. There's no one on top of them. And then it's up to the interpretation of what we just discussed here: 11 -hat is accessible housing? What is workforce housing? And this is a small project, so I'm not, you know, concerned with it, and I'm not coming down at you. It's a small project. It's the big ones that I pass by here, like the fine attorney that, some time ago -- I think it was my first meeting -- that she had a thousand units; half that she wasn't allowed under our present zoning. And she gave a big spiel on -- they were giving us 10 percent workforce housing; that this was going to cost them 135, 000 per unit,* that they were giving this to us, because they were going to put it out at those prices. So I politely said, " VVeII, listen, forget about that. Don't go through that deep sacrifice; just give usthe money." It was about 12 million, I figure. Well, that changed everything. And they came back, and I happened to have stepped out. And when I came back, it was all gone. Everybody forgot about the affordable housing and the monies that were discussed and everything else. Now, for the record, if I could get from you, Mr. Planning Director -- And let me compliment you. Because we're not always going to agree, but for the most part, with all the pressures that you get, which you'll decry, you, you know, are one of the few directors in key positions that does come out against what a lot of people might want you to do sometimes, and that takes, you know, courage. And I'm glad, even though at times, like with all the storage facilities, the pressure comes in and something else happens and it's recommended, but I won't get into that here, but I just want you to let me know beforehand if anybody applies for any of these warrants for any more storage facilities in my district. I think Commissioner Reyes would like the same in his, because that's where they've all been dumped at -- Commissioner Reyes: Yes, sir. Commissioner Carollo: --for the most part, and particularly -- Commissioner Reyes: And -- Commissioner Carollo: -- District 4, in his district. But how many units in this small project are they allowed to build by law, and how many additional units are they getting -- Mr. Garcia: The -- Commissioner Carollo: -- in what they're asking? Mr. Garcia: Thank you for the question, sir. The additional number of units is 21. So the change in density from 36 units per acre to 65 units per acre would yield a net 21 -unit gain. Commissioner Carollo: Okay. City ofMiami Page 145 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Mr. Fernandez: I have 18. I'm sorry. Commissioner Carollo: From -- but -- it's a 21 gain, but how many can they build right now if they did not need any uplift in zoning? Mr. Garcia: By right -- And again, I'm basing this on a calculation -- and I stand to be corrected by the applicant -- that the site in question is .75 acres in area. My numbers may be slightly off, but if that is the case, then my calculation is that -- Commissioner Carollo: You're making me nervous now. It should be the other way around; that you correct him, not him you. Mr. Garcia: Well, I'm politely offering him the ability to correct me. Commissioner Carollo: Thankyou. Mr. Garcia: I don't think I'm wrong, butt could always be wrong, I suppose. Again, our numbers show that the area is .75 acres. If that is the case, it would be able to develop presently 29 units by right. Commissioner Carollo: Twenty-nine units. So they're going to get some 40 plus percent more in units. Mr. Garcia: Upwards of that, sir. Commissioner Carollo: From 29 that they could build, they're going to get 50 units now. Mr. Garcia: That's correct. Commissioner Carollo: While the number 21 is not that much, I think what we should look at is the percentages, and this is happening time and time again in practically every application that's come into the City Commission; whether big, small, in between, they're getting 40, 50, sometimes even more than 50 percent more than they could build, and then we wonder why we have the traffic that we do in our streets. Listen, no matter what we do today, tomorrow, we're never going to resolve traffic. It's only going to get worse, no matter what we do, if we keep giving 50 percent more density for developers to build. I see West Brickell that's almost at a standstill marry hours of the day, and it's only about half built so far. Imagine, when that's fully built, you won't be able to get by there. And then the worst part is that Public Works from the County -- because they handle a lot of the streets -- haven't done anything to widen those streets, put traffic cameras, so you have serious accidents just waiting to happen, if some haven't happened already that I don't know about. And, you know, this is the reality of it. This project is small, but it fits with everything else that I'm seeing. Commissioner Reyes: Yep. Commissioner Carollo: Everybody's coming in for double -- almost for more than double -- of what they're supposed -- by law that they're able to build, and what we're getting in return, you know, are crumbs. Now, if we want to give them that, at least let the City of Miami share in the profits in a respectable way. That would (UNINTELLIGIBLE). Commissioner Reyes: You see, I want to add, Commissioner Carollo is quite right that -- I believe -- and that's what was brought -- this idea was brought up -- that we are not -- because I don't see -- Do we have the department or the organism, or whatever it is, to check that those units that they were promised to be affordable or City ofMiami Page 146 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 workforce according to the definition, anybody goes and check if that's the truth? If we have -- if they are being rented, you check if they being rented? Mr. Garcia: Yes, sir, that is correct. Commissioner Reyes: Okay. And I -- personally, I agree more on receiving the money instead of using a formula -- receiving the money, and then us -- or either using that money for leverage -- we can leverage, and then we try to find or go into an agreement with a public/private agreement and not only build, but also we can recoup some of those -- the developments that sometimes they are -- they stop because they run out of money; or buildings that could be rehabbed, you see, and then convert them in real affordable and real workforce, you see. Vice Chair Russell: Mr. Chairman? Commissioner Reyes: But that does not preclude this. This is -- I mean, I heard that instead of $80, 000, I rather have the apartments than the 80, as long as we can keep track of that they are -- really rent at the prices. I don't want another New York, you see; that in New York, they have rent control, and you have to pay so much in a check and so much under the table, you see. That's what we have to be careful. b ice Chair Russell: Before we table the item, the attorney was going to go to his client and see if the proffer was all right, but I wanted to make sure you heard and agree with the dollar amount proffered, because I wanted to give them the choice. If they want to pay into this fund that you're talking about, his proffer is $40,000. If they do onsite, I was looking for 10 percent affordable or 5 percent -- I'm sorry --10 percent workforce or 5 percent affordable or 2.5 percent ELI. They've chosen at the 5 percent affordable rate. But that 40, 000, that's what I wanted to know that you're on board with, if that's an acceptable amount if they go that direction, because he's going to go to his client now and then come back to us. Commissioner Carollo: But let me -- Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Carollo: What -- Mr. Fernandez -- Mr. Fernandez: Yes, sir. Commissioner Carollo: -- what are these units on the average going to be sold for? Mr. Fernandez: How marry -- what would they be --? Commissioner Carollo: On the average, what are they going to be sold for? Mr. Fernandez: Well, you know, the project is yet to be designed and marketed, but it's meant to be a market rate project based on that market. Commissioner Carollo: I understand that, but you have to have some idea of what the units are going to be sold for. Mr. Fernandez: Well, I think it's going to be a rental project, so I think that the rents are going to be, you know, in the vicinity of between 1,200, $1,500 a month. Commissioner Carollo: What -- 1,200, $1,500? Mr. Fernandez: Yeah. Commissioner Carollo: There's no way. City ofMiami Page 147 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Mr. Fernandez: Yeah. Commissioner Carollo: No way are you going to have rents for that amount, unless you're renting closets. The -- what is the average size then -- let me rephrase the question -- the average size square feet of the units? Mr. Fernandez: It hasn't been designed yet. It's a conceptual design. Commissioner Carollo: Okay. Mr. Fernandez: I would -- Commissioner Carollo: Then -- Mr. Fernandez: You know, I would -- Commissioner Carollo: --I'm going to do it for you Mr. Fernandez: Yeah. Commissioner Carollo: And I'm going to be very, very conservative. I'm going to figure an average of even a thousand square feet per unit, which you're going to go higher than that, no doubt about it, on the average. You got 21 units at a thousand square feet; that's 21,000 square feet. The 21 that I'm counting, that's the extras that you're getting; that you're not allowed to build, unless we give it to you here. You can only build 29. Now -- Mr. Fernandez: I'll have to correct that. It's actually less; it's .6 acres. So currently, we can build 21 units. With the approval, we'd be able to build 39. Its an 18 -dwelling -unit increase. Commissioner Carollo: Is that correct now? The -- Mr. Garcia: The applicant showed me his calculations. And what he's doing is he's adjusting for the dedications that would have to be provided, so I -- Commissioner Carollo: So there's an 18 increase. Mr. Garcia: --stand corrected. Commissioner Carollo: Instead of 21, 18 increase? Mr. Garcia: That's correct. Commissioner Carollo: And he could build how many now? Mr. Fernandez: 21. Commissioner Carollo: 21. Okay. Make sure we get this on the record, if anything is approved, so that this doesn't go higher later on. So we got 18. I'm still going to go with the very conservative thousand square feet; that's 18, 000 square feet. I'm going to go high on your construction costs. These are going to be low buildings. You're not going higher than five stories. Mr. Fernandez: Correct. Commissioner Carollo: (UNINTELLIGIBLE). There's not going to be any more of a cost impact by going higher than five stories, and they'll be on the low end. So City ofMiami Page 148 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 even on the low end, with the prices that you have in real estate there that's higher, I'm going to calculate that it's going to cost you land and building costs at 175, 000 per unit. Mr. Fernandez: Now, remember, my client already owns the land. There -- it's in the contract. Commissioner Carollo: Well, (UNINTELLIGIBLE) still has a cost. Mr. Fernandez: Understood. Commissioner Carollo: But I'm going to do better than that. I'm going to go 200, 000 a unit, so, I mean, I'm really bending over for you guys. Those units there that are going to cost you 200, 000 land costs -- whatever it cost your client before -- and construction costs, in that particular area, you're going to sell for no less than $500, 000 the unit. So you got $300, 000 gain per unit. Let me calculate it so that I'm not wrong in arty figures. 300, 000 times 18, you got $5,400, 000, and you're going to give us $40, 000? Come on. Mr. Fernandez: Well, I mean, you're -- again, you're calculating that it's going to be for sale. I'm saying it's going to be a rental project. Commissioner Carollo: Well -- but I could work my way back the same way -- Mr. Fernandez: Right. Commissioner Carollo: -- because you're not going to rent them for the amounts that you're telling me; maybe double what you're telling me, but not for the amount that you're telling me. Now, double is more likely that they'll be rented for, so -- Mr. Fernandez: Well, if there were an ordinance in place, my client would be happy to comply with it, but it's difficult to come up and -- Commissioner Reyes: Yes. Mr. Fernandez: -- with a number without a plan, without -- Commissioner Carollo: Well -- Mr. Fernandez: My client is doing what -- Commissioner Carollo: Yeah, but I just made it easier for you. If you were to put these as condominiums -- Mr. Fernandez: Right. Commissioner Carollo: -- your profits will be about five and a half, $6 million minimum, minimum, and you're proffering 40, 000, and this is what I'm saying, guys. I mean -- Commissioner Reyes: And even -- Commissioner Carollo: -- he's doing it for rent, but we could work it back -- Commissioner Reyes: Yes. Commissioner Carollo: -- the same way. Commissioner Reyes: Yes. City ofMiami Page 149 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: We're being taken for chumps by most developers that come here with what they're offering us. Commissioner Reyes: Yes. Rent, we can -- well, I mean, we can also work rent. How much are you renting it? And when they are declared -- I mean, when you're renting workforce or affordable, how much are you losing -- I mean, how much will you have rented it at market value? The difference, you see, for so many apartments, so many years, we would -- could suggest -- because we cannot make him do it -- we could suggest that they wouldn't do that, you see. Commissioner Carollo: Again, counselor, what I did -- You have a very small project. It's just a little bit of an educational one-on-one course for the public, for those who want to hear it up here, of what usually happens, and yours is small. Mr. Fernandez: And I understand -- Commissioner Carollo: You should see the figures of some others. Mr. Fernandez: I understand entirely. Commissioner Carollo: I'm not saying that your client has to give us anything. If he wants to volunteer anything, it's up to him. I'm just saying that l find it laughable on $40,000. Mr. Fernandez: Well -- and I understand with your -- Commissioner Carollo: That's not even the 10 percent that you were asking for -- Commissioner Reyes: That's right. Commissioner Carollo: -- Commissioner. And if we're going to make the impact that this community needs in public housing, we have to change our ways; and it's going to hurt, I understand, for all of us, but we have to change our ways. nice Chair Russell: Mr. Chairman. ChairHardemon: You're recognized. ti ice Chair Russell: Thank you, Commissioner Carollo. We're looking for what that template might be, moving forward, for that offsite payment; whether it's based on a percentage or percentage a square foot, I'd be welcomed to hear it, and I'm sure his client would be as well, while they consider -- while we're at shade meeting -- to see what they might proffer on a voluntary basis. Commissioner Carollo: And for the record, you know, so other people that come to say, " Well, he just did this to me because I didn't support him," this firm were supporters of mine, so I'm not treating them any different -- Commissioner Reyes: No. Commissioner Carollo: -- than, you know, those that didn't support me. It's not about who supported who; it's about what this City needs and what's right. Mr. Fernandez: Well, Commissioner, if I could just respond to your comments briefly. I understand what you're saying, and by and large, I share your sentiment that if you're asking for something and you're getting double, you know, of what you have, you should be giving something back. But when you look at the specifics of City ofMiami Page 150 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 this case, where you have a Comprehensive Plan goal, an objective that is asking property owners to increase development in this area, it's a little bit different -- Commissioner Carollo: Well -- Mr. Fernandez: -- than a rezoning. Commissioner Carollo: -- I understand. Mr. Fernandez: It's an expectation. Commissioner Carollo: (UNINTELLIGIBLE) to you. I -- Mr. Fernandez: And my client purchased property in that area with the expectation that he' d be able to obtai n that; paid a greater amount of money for it. Commissioner Carollo: I understand that also. Mr. Fernandez: Right. Commissioner Carollo: I understand that also. Mr. Fernandez: Right. Commissioner Carollo: I just don't understand the 40, 000. Mr. Fernandez: Okay. Commissioner Reyes: We're going to table? Commissioner Carollo: Thankyou. Appreciate it, counselor. Mr. Fernandez: All right. Thankyou. Comn ii ssi oner Reyes: We're goi ng to tabl e thi s? Yes? Chair Hardemon: Yes. Commissioner Carollo: We got to go. We got a lot of money up there. Later Chair Hardemon: Okay. On the regular agenda, we have PZ.1 and 2. Did we get any notice from counsel? You're recognized, sir. Mr. Fernandez: Hello. There we go. Thank you. Again, Ben Fernandez for the record, on behalf of the applicant. Spoken with my client, and we're prepared to offer a $100, 000 contribution as an alternative to the two -unit proffer that's already in the covenant. Chair Hardemon: Okay. So we'll wait on our money guy and our district guy. Mr. Fernandez: Right. Commissioner Gort: Russell. Commissioner Reyes: There is -- that is $100, 000? Mr. Fernandez: Yes, sir. City ofMiami Page 151 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Reyes: In lieu of how many apartments you were going to --? Mr. Fernandez: Two affordable housing. We could do it -- Commissioner Reyes: No, no, no. But how many apartments were you going to designate to affordable housing, using --? Mr. Fernandez: Two. Commissioner Reyes: Two only? Mr. Fernandez: Yes. Two out of the 18 increase that we would be getting. Commissioner Reyes: Two out of the 18. Man, that's not even 10 percent. Chair Hardemon: So you get 18 new -- Commissioner Reyes: You got 18 new -- Chair Hardemon: -- because of the increase in the zoning; and then two of those, you want to make some sort of affordable housing? Mr. Fernandez: That's correct. Chair Hardemon: And the others at market? Mr. Fernandez: Correct. Commissioner Reyes: And the $100 [sic] in lieu of those two apartments? Mr. Fernandez: Or as an alternative. Chair Hardemon: How long was the agreement for them to maintain the affordable rate ? Commissioner Reyes: Yes. Mr. Fernandez: Well, it's a 30 year covenant. Chair Hardemon: Covenant -- agreement for 30 years. Mr. Fernandez: Yeah. Commissioner Reyes: What would be the market rate? Chai r Hardemon: Doesn't know yet. Commissioner Reyes: You don't know? Mr. Fernandez: We don't know. Commissioner Reyes: Well, guesstimate. You want to guesstimate? Chair Hardemon: Doesn't know. He doesn't know. The market -- Commissioner Reyes: It was one -bedroom or two-bedroom apartments? City ofMiami Page 152 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Chair Hardemon: So what we've learned thus far is in lieu of the two units, his client is willing to proffer $100, 000. Vice Chair Russell: In lieu of or in choice of.. Mr. Fernandez: In choice of. lice Chair Russell: That's what I (UNINTELLIGIBLE). Because I personally would prefer to see inclusionary affordability onsite, but a painful option for them to pay offsite, so that encourages onsite, but if they choose offsite, because they really want a market -rate product that they pay into the trust fund in a successful amount, and I certainly, of course, think that's a very acceptable proffer. Commissioner Reyes: I think it's -- I think so, too. bice Chair Russell: All right. I'll -- if that's where we are in the meeting right now, I'm happy to move the item. Commissioner Gort: Second. Commissioner Reyes: They were going to make only two of those apartments affordable, and in lieu of that, they're willing to -- bice Chair Russell: And using the City's AMI, not the HUD AML Commissioner Reyes: Not HUD AMI, you see. Commissioner Carollo: (UNINTELLIGIBLE) what? Commissioner Reyes: To offer $100,000. Commissioner Carollo: Well, gentlemen, this is a small project. Commissioner Reyes: Yes. Commissioner Carollo: I don't want to bring down the hammer on themwhen we've let so many of the big fish out the door. Commissioner Reyes: Yep. Commissioner Carollo: But the exercise that I conducted here before was just so you could see that we got to formulate some ground rules; and particularly, for big projects. You know, from 40, they quickly went up to 100, 000. That's a heck of a deal, you know, based on the numbers that I gave you, very conservative numbers. So it's your district, Commissioner, you know; I'll follow your lead on the 100, 000. Vice Chair Russell: Thank you very much, Commissioner, and I believe Commissioner Gort seconded the item. I appreciate everyone's work on this, because I -- if it creates affordability, whether onsite or off, it's a success for us. If it brings more tax base to the City, it's a success for us. So we wish you well with the product. Mr. Fernandez: Thank you. Vice Chair Russell: Project. Commissioner Carollo: Okay. City ofMiami Page 153 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Chair Hardemon: I want to be clear what the motion is, because the motion involving the covenant is on PZ.2 and not PZ. 1. So the motion that's on the floor right now that was seconded is a motion to approve PZ.1 -- ['ice Chair Russell: Correct. Chair Hardemon: -- as you guys stated on the record. Correct? Okay. So is there any discussion about the motion to approve PZ. 1 ? Seeing no further, all in favor of the item -- BarnabyMin (Deputy City Attorney): It's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chai r Hardemon: Al I i n favor of the item, say " aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. PZ.2 ORDINANCE Second Reading 3112 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY Planning CHANGING THE ZONING CLASSIFICATION FROM 74-1- TRANSECT ZONE," GENERAL URBAN TRANSECT -LIMITED, TO 75-0 TRANSECT ZONE," URBAN CENTER TRANSECT -OPEN, FOR THE PROPERTIES LOCATED AT 3700 SOUTHWEST 28 STREET AND 2810, 2814, 2816, AND 2818 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13765 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item PZ.2, please see Item PZ. 1. Chair Hardemon: Is there a motion for PZ.2 with --? And let's be clear about what -- we accepted itfrom the applicant. Vice Chair Russell: I'll move it. Chair Hardemon: What are we moving? Commissioner Gort: Second. Vice Chair Russell: Do you need it stated? City ofMiami Page 154 Printed on 0512512018 City Commission Meeting Minutes April 12, 2018 Chair Hardemon: I just want to know -- be clear about are we doing two units or we're doing $100,000? b Ice Chair Russell: They have the choice. If they're going to do onsite, they're going to do two units of affordable housing, 80 percentAMl based on the City's AML If they choose to pay off -- pay into the Affordable Trust Fund instead, it will be a one-time $100, 000 payment. Commissioner Carollo: I thought we were getting the 100, 000. I'd feel a lot more secure with the 100, 000. Vice Chair Russell: Oh, I was looking to give them the choice, because my -- Commissioner Carollo: Well -- Lice Chair Russell: --personal interest is to see affordability onsite in that area. Cornu issioner Carol Io: But you know what's going to happen. - Vice Chair Russell: I don't -- Commissioner Carollo: You know what's going to happen; what I said. It's not going to end up being that way. The only way, Commissioner -- that I will tell you, in all honesty -- that we're going to bring what you, what all of us want, real affordable housing, is we build. That's why we need to get all the money that we can from all these developments; that we're giving them so much more than they're allowed so that we could do it ourselves, and we'll contract people to do it; otherwise, what we think is going to be affordable -- or workforce even -- it's not going to be that. So I -- you know, I would prefer if we just get the 100, 000, because then I'd know, at least, we got some real money to build. But again, this is a small one, and I'm not going to hold anybody's feet to the fire, so. lice Chair Russell: You know, we're looking for the same goal, and we do have some slightly different philosophies about it. I really do believe in the inclusionary concept; and in this area, I'd love to encourage affordability, because I think that the more market rate and pushing out of the folks that do live in that area is also a negative. But I do understand the concern that if we're not able to enforce it, it means nothing. And I think if we can solve that portion and give different developers the choices, we can reach both of our philosophies. Commissioner Reyes: Well -- Lice Chair Russell: We can generate thatfund -- Commissioner Reyes: -- we have to give them the choice, I mean, because this is voluntary. Remember, this is voluntary, and they have the choice. I mean, according to my numbers here, which is very, very -- since we don't know, you know. Let's say that you are renting an affordable $100 per month less than what you would have done it if it is market value, you see, and that will be $1, 000 that you're going to lose every month; times 12 is $12, 000, you see; times 10 years is 120, 000. Chair Hardemon: I mean, there's -- there are units that are affordable; can be the smallest units in the building. I mean, they can design a building (UNINTELLIGIBLE) design. They can design affordable housing units. Commissioner Reyes: Units. Chair Hardemon: These two in the corner by the guard -- by the trash -- City ofAliami Page 155 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Reyes: Those that are next to. Chair Hardemon: -- that's the -- those are the two. Right, next to the, you know -- Commissioner Carollo: Well, the -- Commissioner Reyes: That's the problem. Commissioner Carollo: -- other -- there's really two things that we need to establish in this Commission: to stipulate what is affordable. You know, we have to come up with a system that we stipulate what is affordable, and each year what's affordable could change. That's why we need to have an outside agency that will handle that for us. Secondly is the -- what the Commissioner said, but those are the two main requisites that, you know, are required. So -- Chair Hardemon: What I'll say in this case -- you know, I'll yield to the district Commissioner as it pertains to how he wants to move forward. If he wants to give them the option, then, you know, then give them the option. I know that within my district, there are certain specific goals, and I see things a certain type of way to bring a benefit to some of the residents in my area, and I enjoy that flexibility to be able to bring a benefit that they've never seen before. Commissioner Carollo: And you convinced me of that, the way you're doing it. 1 started seeing the need for that many my district, too, to help people fix their homes up. You know, I have to admit to you that in the beginning, I wasn't so sure, but I'm seeing a lot of need for that, and I'm seeing some of their problems that are happening, but why that's the appropriate way to do also. Chair Hardemon: So, Mr. Russel I , however you'd I i ke to make your motion. ti Ice Chair Russell: As stated, if the will of the Commission is here. I really appreciate your support on this and lookforward to seeing it go forward. Commissioner Carollo: Okay. Chair Hardemon: So I don't know if there's a second, but if not, the Chair will second. Nicole N. Ewan (Assistant City Clerk): There is not. Chair Hardemon: The Chair will second. Commissioner Carollo: Okay. Chair Hardemon: Arty further discussion regarding the issue? Hearing none, all in favor of item, say " aye." BarnabyMin (Deputy City Attorney): It's an ordinance. Chair Hardemon: I'm sorry. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: As amended. Chai r Hardemon: Okay. All in favor of the item, say " aye." The Commission (Collectively): Aye. City ofMiami Page 156 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 ChairHardemon: All against? Motionpasses. Congratulations. END OF PLANNING AND ZONING ITEMS) City ofAliami Page 157 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 M - MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR FRANCIS SUAREZ A01exalWal11WiT llWEll!111ALhK Cit' of1hami Page 158 Printed on 05'25'2018 City Commission Meeting Minutes April 12, 2018 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS Ciel, gf-llimni P(gge 159 Printed on 05 25 2018 City Commission Meeting Minutes April 12, 2018 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of 1=lzml1i Page 160 Panted on O5 2.5 2018 City Commission Meeting Minutes April 12, 2018 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE JOE CAROLLO END OF DISTRICT 3 ITEMS Ciel, gf-llimni P(gge 161 Printed on 05 '25 2018 City Commission Meeting Minutes April 12, 2018 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR MANOLO REYES END OF DISTRICT 4 ITEMS Ciel, gf-llimni P(gge 162 Printed on 05 '25 2018 City Commission Meeting Minutes April 12, 2018 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS On, gf-llimni P(gge 163 Printed on 05 '25 2018 City Commission Meeting Minutes April 12, 2018 FL - FUTURE LEGISLATION END OF FUTURE LEGISLATION Ciel, gf-llimni P(gge 164 Printed on 05 '25 2018 City Commission Meeting Minutes April 12, 2018 NA - NON AGENDA ITEM(S) NAA DIRECTIVE 4023 A DIRECTION BY COMMISSIONER CAROLLO TO THE CITY Office of the City ATTORNEY TO DRAFT A RESOLUTION AUTHORIZING THE CITY Clerk ATTORNEY TO TAKE ALL NECESSARY STEPS TO SEEK MODIFICATION OF THE POTTINGER SETTLEMENT AGREEMENT AND BRING SAID RESOLUTION BACK TO THE CITY COMMISSION FOR APPROVAL. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item NA.I, please see Item RE.]. Commissioner Carollo: Now, what I am going to propose to my colleagues -- and if you like, Chairman, I could do it in resolution or I could just directly ask the City Attorney to write a resolution for us to instruct them, and they could bring it back to us, and then we could decide and vote upon it. But I would like the City Attorney's Office to bring a resolution for this Commission's consideration to go to Federal Court with the judge that has Pottinger before him, with a request that he ends Pottinger. We've had it sufficient time, for enough years. I think now is the time for us to go to Federal Court and askfor that to come to an end. Chair Hardemon: He only --he doesn't need an agreeance of this body to --for you to come back with a resolution (UNINTELLIGIBLE). Commissioner Carollo: I don't. Commissioner Reyes: I would second that resolution. Commissioner Carollo: But if you want it -- Chair Hardemon: No, no, no. Commissioner Carollo: -- I -- Chair Hardemon: I think to come back with a resolution is fine. Commissioner Carollo: Yeah. Commissioner Reyes: Come back with a resolution. George Wysong (Assistant City Attorney, Supervisor): I just wanted to mention though, that in accordance with the Pottinger Settlement Agreement -- and we've met on several occasions with the City Manager's Oce to look at our options, and we've begun to undertake certain options. But the Pottinger Settlement Agreement requires us to meet with the people who sued -- the ACLU (American Civil Liberties Union) and their advocates -- prior to taking any action regarding the enforcement of the agreement. The ACLU has already sent us a request to meet regarding some of the operations that they've observed, so we are going to continue to explore the option. Now, the settlement agreement says that the court can remove the provisions of Pottinger if it is shown that the situation has substantially improved. So it'll be on -- it'll be our burden to prove to the Federal Court that -- City ofMiami Page 165 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Chair Hardemon: That there's no mistreatment of homeless individuals; is that what you're describing? Mr. Wysong: Well, that conditions have improved since the settlement agreement was entered into and -- Chair Hardemon: But when you say "conditions, " you mean conditions as how the City ofMiami treats homeless individuals; is that what you mean? Mr. Wysong: Well, right. So Pot -- in its essence, Pottinger says that you cannot arrest somebody for being homeless, right? So that's why you have to ask whether there's a shelter space available before you can engage and ask a homeless person, "Do you want to go to shelter?" And the Pottinger is limited to about six or seven quality of life misdemeanors, life-sustaining conduct misdemeanors; those are like sleeping on the sidewalk, sleeping in a park; the day-to-day existential type of things. Drug activity is not covered by Pottinger. Other crimes are not covered by Pottinger. So Pottinger only applies when an officer sees somebody, say, sleeping on a sidewalk and they're obstructing the sidewalk. Before that officer can arrest that person, they have to verify that there's shelter space available so they're not arresting him for being homeless. Chair Hardemon: So, listen. Please do this. Mr. Wysong: Yes, sir. Chair Hardemon: Whatever prerequisite you need to satisfy the Commission's request, ensure that they're done so that we can have a resolution, as described by the Commissioner. Commissioner Carollo: This is exactly what I'm talking about. If we're going to go into this -- Chair Hardemon: Yeah. Commissioner Carollo: -- with the mentality that we can't, we can't, we're going to be in this same hole for years to come. Chair Hardemon: Right. Commissioner Carollo: I'm going to tell you that we can; not that we can't. To meet with the ACLU is quite simple. We ask a quick request,, we can meet quickly. They could agree. They don't have to agree; they have that right. But we have a right -- Commissioner Reyes: Yeah. Commissioner Carollo: -- to move forward. In this city, all of our residents have rights, too. Chair Hardemon: Right. Commissioner Carollo: And, you know, you go into any of our districts --you could go to mine -- the Police Chief did an excellent job, a very humane job of clearing 80 to a hundred people in Jose Marti Park, finally. This has been going on for years. But what happened is they've scattered even more into other areas. Now they're sleeping in private properties. In my district, we're getting complaints from many private buildings. They're sneaking into the buildings. They're sleeping there. They're not covered by Pottinger in private property if they're trespassing. When the Manager went out with me, I never thought he could move so quickly, when he jumped into an industrial -- illegal industrial container site that's still there; the City City ofMiami Page 166 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 hasn't done anything about it -- where they cut containers up and try to make them into instant flea markets, and then convert others into instant restaurants -- or at least, that was the plan -- so they would break every restaurant in Calle Ocho; and then, those that have that business come in and buy them cheap, and do away with the whole culture of Calle Ocho. But the Manager saw it himself that night, with me. I mean, he went into one place, and there was one guy sleeping. He jumped and said, "There's a homeless there. " But that's everywhere. I know the Chief has got to be aware of calls and meetings that he's had from residents in my district; I'm sure the same in other districts. But we, as a city, can't just sit back anymore and take this and be told, well, we can't do this, we can't do that. I'd like to take the precedent of going before a Federal judge, doing what we need to beforehand in the requirements of Pottinger, but doing it quickly -- not taking another year to do them -- and bring our case before a Federal judge. Emilio T. Gonzalez (City Manager): Mr. Commissioner, if I may? And first of all, I want to thank you, because it was the fact that you took me out and showed me these areas that has motivated us to really create robust programs in the neighborhoods, which not only include finding shelter for the truly homeless, but also trying to clear as much debris and drug paraphernalia as we can. I have spoken with our Attorney several times about the issue of Pottinger, as just one tool, if you will, in our toolkit, because right now, the City of Miami is at a decided disadvantage, to your earlier point. And it isn't that people are coming from throughout the United States; our own neighboring communities are bringing -- Commissioner Gort: From other cities. Mr. Gonzalez: -- homeless people and dropping them off. And this is told to me by our homeless advocates; this is told to me by our police officers. So if you're homeless, "We don't want you in our community here. Let us take you to Miami. They have to deal with you; they're required to deal with you. They have to set aside programs for you. " So this is something that we've been doing for quite some time. I appreciate your support. I've spoken to Commissioner Reyes about it. The Mayor is very supportive. I'm sure he has something to say. But again, I think we need to start with a level playing field, and if that means getting out from under this ruling -- Commissioner Carollo: This is what I'm talking about. Mr. Gonzalez: -- that Pottinger ties our hands -- Commissioner Carollo: This is what I'm talking about, Mr. Manager. Mr. Gonzalez: -- and then we can move forward on other issues. So thank you, sir. Commissioner Carollo: This is exactly what I'm talking about. I mean, in the mornings, this is how it works: You have hundreds upon hundreds -- ground zero is downtown. You have hundreds of people sleeping in the streets there, having sex, urinating in the streets, taking drugs. It's one big party every night. They -- comes morning, they go over the bridge into District 3 -- my district -- to see how they can panhandle, what place they could break into, and what they could steal and sell cheap in a pawnshop or one of the ships that dock in the river; and then, they know what the menu is for the next part of the day, so then they're waiting therefor their little boxes to be brought to them, all over downtown. And this is the same thing that goes on day after day after day, and it's not right. No city in America is having to suffer through this. And it's our residents that are getting the brunt of it every day. What I am saying is, let's take action. If someone's going to say, "no, " then let it be a Federal judge. Commissioner Reyes: Yes. City ofMiami Page 167 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: But I believe that if we present our case of what we've done -- and I think we've done more for homeless than any city in America has, and it's been done humanly, with care -- but once we present our case to a Federal judge, I think that we stand an excellent chance that Pottinger is going to be ending immediately. Commissioner Reyes: Yes, sir. Chair Hardemon: Mr. Mayor. Mayor Francis Suarez: I defer to the Commissioner. Commissioner Reyes: Okay. Thank you, Mr. Mayor. I wholeheartedly agree with Commissioner Carollo. And as the City Manager and the City Attorney knows, I've been talking about this, and I want to co-sponsor any resolution that is come out -- that's going to come out -- that states that we are going to take action, and I think that we must take action. But with the mentality -- and Commissioner Carollo is right, you see -- that we are right, in order -- I mean, for us, it is right for us to say, "Enough is enough, " you see. Every single city in Dade County is dumping their problems on us because of Pottinger. Every single -- you walk in Coral Gables, you don't see any homeless. You go to Key Biscayne, there's no homeless there. You go to Miami Beach, they get them in the car and they bring it over here, and they dump them in downtown Miami, you see; every single city, every city. And that's not fair, and we have a strong case, I think. So let's go out; let's go as far as we can go, and we have to solve the -- I mean, this problem. And I know that there are homeless, but let's share the burden, you see. Let's share the burden. We cannot -- we cannot carry the same -- I mean all the burden, the burden of homelessness -- only by our self, you see. ChairHardemon: Mr. Tice Chairman. t ice Chair Russell: Thank you, Commissioner and Mr. Mayor. I'd like to be a little bit of a voice to the other side here, because the homeless don't have a voice. Chair Hardemon: But we're not talking about -- I want to make it very clear -- Commissioner Reyes: We're not talking about the homeless. Commissioner Gort: Yeah. Chair Hardemon: -- because when I stated -- I'm not talking about -- When you say -- when people say, "homeless, " most time -- most of the time, people make an assumption that someone is homeless. And what I'm describing is illegal activities by those who -- L ice Chair Russell: And that's where I was going with it. Chair Hardemon: -- are -- or/and are not homeless, and that's the -- one of the biggest issues that we're having in our neighborhoods; that's why people are dying on our streets, you know; it's not because they're homeless, but it's because they're using drugs on our streets. t Ice Chair Russell: Thankyou, Mr. Chairman. And that's the differentiation I really wanted to make, because homeless people are people first and homeless second. The difficulty with paying rent in the City of Miami makes new homeless people every day, and they aren't necessarily criminals, and being homeless isn't necessarily a party of drugs and bad activity. It's a struggle, and the homeless who are not breaking the law could be considered our residents, as well, who need our care to get back on their feet, to get back into jobs, to get back into the cycle of life. All of City ofMiami Page 168 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 the concerns you have voiced are very, very valid. Trust me, as the Chairman of Dis -- of the Downtown Development Authority and the Commissioner for District 2, I carry the brunt of homelessness of the City. I feel it from my residents. I know what they're going through. Yet, the most personal story that really touched me was one Of our residents whose partner was killed by a homeless person; daylight hours, on the streets of downtown. Yet, he still has a voice of compassion for the homeless, who are trying to find their way. And so, we must remember to do what we can, but to respect the civil rights of the homeless. And I know that our Chief has tremendous compassion, and I know that our Mayor has compassion and vision, so I believe we'll be able to find our way through this -- Commissioner Reyes: Yes, sir. Lice Chair Russell: -- to improve the situation, to enable our law enforcement and our Green Shirts to do their job; yet, to also work on the other side of the coin. Commissioner Reyes: Can I add something to what Commissioner Russell is saying? Chair Hardemon: And then I'll allow Commissioner Gort to make a comment. Commissioner Reyes: I definitely agree that the problem with -- and there is a big difference --people that are using Pottinger to use drugs and commit crimes, and all that. We have a problem with homeless. We have a Homeless Trust here, and I -- it's my firm belief that if we want -- I mean, if we really mean that we are going to help the homelessness, the homeless have -- must be retrained, re-educated, rehabbed, but I don't see any program like that. Most people, what they are concerned, where they are going to sleep, where they're going to eat, you see, and how we get rid of them. Now, if we really feel that we have a responsibility to that part of the population that have gone on had times and some of them, they are, as Commissioner Carollo says, that they are drug addicts or they have -- I mean, they are out of a work, out of a job, and they're economic deprived -- we have to retrain them. I think that is the role of society, you see. By feeding them and giving them shelter, we are not solving the problem -- or we are not beginning to solve the problem. We need to get those people that are receiving a lot of funds, as the Homeless Trust, to start programs to rehab, to retrain these people, and incorporate them into society again, you see. Chair Hardemon: Commissioner Gort; then the Mayor. Commissioner Gort: That's right. Chair Hardemon: Mr. Mayor. Mayor Suarez: Yeah. Actually, I commend you, Commissioner, and I will co- sponsor the legislation, as well. As you said -- and I think you're a hundred percent correct -- there's a balance. You know, obviously, we are very compassionate as a city. And we, as a community and as a county, expend an incredible amount of resources -- as you've said, correctly, tens of millions of dollars -- to try to identify and address, and treat the homeless. But our residents have rights, as well. Our commercial sector has rights, as well. And so, there has to be a balance. You know, when I was Commissioner, we tried to do it once, and then we ended up getting a modification, a relaxation of Pottinger; sort of an update, if you will. But I agree with you. I mean, Commissioner Gort and I both were present in the League of Cities; that's 34 cities in Miami -Dade County; 33 of which do not have a Pottinger lawsuit, right? And so, you know, we have to deal with that every single day. And we have, like you said, a ton of resources that are being spent by the City, directly; by the County, through taxing mechanisms. And I think you're right in saying that the narrative on homelessness is not the same today as it was when Pottinger was City ofMiami Page 169 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 originally enacted. So I think it's a time to either --for all the cities to be -- have Pottinger restrictions, or for none of the cities to have Pottinger restrictions. And I think the fact of the matter is, based on what we've done as a city in the last 20, 30, 40 years to address homelessness, and what we continue to do -- By the way, there's a new phenomenon, which is the opioid crisis, obviously, which is, you know, taking the lives of many of our homeless and many of the people in our city. And so, we have to do what we can to be a little more creative in our ability to address that issue, and I think this shackles us some. Chair Hardemon: And I will tell you this, Mr. Mayor, Mr. Manager, and Commissioners: What's be -- What happens is that people then begin to say, "Well, in X ' 'Y,' and 'Z"' neighborhoods, you have lots of homeless people; so, therefore, you need a homeless facility. You need these homeless programs. " And then, there are new agencies that expand that ends up owning entire city blocks that provide homeless services, and attract more homeless people to the area. And so, if, as you described, the League of Cities, where you have more than 30 cities that don't have this sort of issue, and we do, it's part of our responsibility, because we're allowing the expansion of facilities that provide services to certain sub -groups of people who have a need, but we're doing it exacerbating the issues in certain neighborhoods. I feel poorly -- I mean, I -- it's a shame when you look at a place like Overtown, where people invest in their home, they bought -- they're trying to improve their neighborhoods, and you have the proliferation of certain facilities in those areas. It's not good. How is it that you're going to attract someone to buy a house in a neighborhood, to stay in a neighborhood or to continue to build in a neighborhood -- Commissioner Carollo: You can't. Chair Hardemon: -- if you have a proliferation of these sorts of social services? So when you say, "We need more" -- "We need other entities to be involved; we need to spread the responsibility, " it's true. I mean, when I go to a place like Aventura, you know, I don't see these issues, but I also don't see any major homeless facilities in Aventura, either. Mr. Gonzalez: You know, we -- I -- Chair Hardemon: And so, it's our responsibility, as well, that we can't allow certain areas to be burdened with certain sorts of facilities so that everyone comes to this one space. Commissioner Carollo: But, Commissioner, you hit the point right on the head, but I'm going to go even beyond what you haven't said, but I'm going to say: It's almost to the point that homelessness has become a business for some; that you get dollars from the City, dollars from the County; you create these agencies or expand the agencies. And then, you look where the dollars go; they're being spent on personnel, and not low paid personnel. One of the other problems that we have that no one's mentioned is we have a major jail in our City; District 1, Commissioner Gort's. A lot of the people, when they're let go from that jail, they already know that, "Hey, all I have to do is go here. I'm going to get free food. I could sleep here, I could sleep there, " and they're staying in the City. They might have been here -- Chair Hardemon: Keep a few more steps and you can buy drugs just down the street, as well. Commissioner Carollo: Yeah, yeah. And I'm going to go further. And, look, we have to be humane, and we have been humane in the City, and I dare anybody to prove to us we have not. We've been more humane than any city in America in the millions that we've spent in this throughout the years. No city in America, proportionate to our population has spent as much money as we have in homeless. But the reality is this -- maybe we don't want to touch upon it, maybe we want to just City ofMiami Page 170 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 sweep it under the rug -- but the majority of the people that we have out there, as I stated, 80 to 90 percent are not from here; they're from other states or from outside city limits, another part of Florida, but the majority of those people cannot be rehabilitated. They're at an age, they're at a point of extreme drug usage, extreme alcoholism. They don't want to change. Commissioner Gort: Mentally ill. Commissioner Carollo: And, you know, I have -- that's another area, and you got a combination of those three, and more, and you certainly have a lot of people with mental problems out there. But I remember a couple of years ago, a good friend of mine, he told me, he said, "Look, during these years that I kind of disappeared, " he says, "I had a drug problem, " and he says, "It was severe. You didn't know about this. All our other friends didn't know about this. " He says, "But I'm going to tell you this: The only way that I was able to get out of it is because I got the inner wanting to stop using drugs. They could have sent me to as many rehab places they wanted to, but if I didn't want to stop, I wasn't going to stop. " And he says, "And that's the problem, " he says, "with the system. " He says, "I can talk about it, because I was part of the problem, " he says, "But I got out of it, because I knew I was going to die ifI didn't change, if I didn't stop taking drugs. " And what I'm seeing out there, you know, this is not really, as Commissioner Hardemon has said, a homeless problem. What you -- The homeless people that are truly homeless, because they fall into bad times, those you can rehab, you could help, you could take care of, and they'll change, because they want to change. They want help. They want to accept it. But the bulk of what we have out there doesn't fall into that category. Chair Hardemon: So I want to -- Commissioner Gort. Commissioner Gort: These amenities, so people understand what the City has done since the '90s, we approved the first shelter that was created in the City of Miami for the Homeless Trust, but they also promised they were committed to create one north and one south. I don't know if that has taken place or not. I don't think it has taken place. And we spend over $60 million a year in trying to help the homeless. Like I've stated before, we have mentally ill addicts, and that's a problem. Chair Hardemon: Mr. Manager. Mr. Gonzalez: Mr. Chairman, thank you. I think what we're seeing today is a discussion that touches several parts of a very important issue for our community that we need to address holistically: Your point about law enforcement among the homeless; Commissioner Carollo's point about the Pottinger Agreement, and Commissioner Reyes' point about the Homeless Trust. We are internally, in working with our attorneys, looking at ways on how we can move forward on this. We're a donor city to the Homeless Trust. We are the largest donor city to the Homeless Trust. So we're not only donating to the Homeless Trust, we're all paying taxes and we're also trying to find monies to solve immediate problems. And I say this as somebody who goes out into the streets with our teams, because there's a high level Of compassion that you have to have for somebody who's living on a sidewalk. And I say this as a taxpayer whose grandson was accosted by a homeless person not three weeks ago, across the street from my house; somebody who's not from the City of Miami. Again, the point is that there are a lot of things that we need to do holistically as a community. We need to reach out. For example, why is it that prisoners, when they are released, are released into the City ofMiami? Why is that? Why is it that other municipalities think it's okay to send homeless people and would drop them off when the sign says, "Welcome to Miami "? We -- the Pottinger Agreement is clearly a tool, but I would offer, sir, that we can get with all of your staffs and work on perhaps a holistic approach on what we do, but also how we fund it, and look at what the greatest return on investment is; not just financially, but also socially. There are too many moving parts here to put a finger on it and say, "This is City ofMiami Page 171 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 how we can fix it, " but clearly, as you can see, a lot of folks, a lot of programs, a lot Of monies go into the homeless issue, and the reflection that you find here from yourselves, from my neighbors, is that either we're not doing enough or we're not doing it well, or we shouldn't be doing it at all. So I would offer that to you, sir, to work with your respective staffs to see if we can come up with a holistic approach to this. Chair Hardemon: That sounds good. Commissioner Carollo: The basic problem is that we will never be able to solve this problem. You could put as many people as you want in shelters, but you're going to have the same problem within a few weeks, because more keep coming from other areas, so you're never going to be able to finish it. Now, the population of Miami - Dade County is approximately -- permanent population -- 2,700,000. The population of the City of Miami is approximately -- permanent population -- 450,000. We're 1/6th of the population of Miami -Dade County, but we're contributing more than anybody by far to this situation. So there's something wrong with this equation. And downtown Miami --yes, the City of Miami is downtown, but it's also the downtown of County Government; that's why they have their building there. And it's the main downtown of all the other municipalities. So we shouldn't be bearing the financial costs that we are, and this is part of what we have to show the Federal judge that has this case. Chair Hardemon: Yeah. Maybe it should be a Dade County issue and not a City of Miami issue. How about that? Commissioner Carollo: But it is. Chair Hardemon: Yes. Commissioner Gort: It's a Dade County issue. Chair Hardemon: That's what I'm saying. That's my point. Commissioner Gort: Right. Call the question. Mayor Suarez: Mr. Chair, I'd just finish by saying -- by agreeing, as well. You know, we have 1/6th of the population, but we have 2/3rds, which is -- 66percent of all the homeless in Dade County are in the City of Miami. So there's a huge incongruity between our total population and our homeless population vis-a-vis the rest of the County. So I think the fact that we're the only city that has this set of restrictions is just unfair. It's unfair to our residents, so. Chair Hardemon: So -- and our Chief was here. And I'll tell you, on this item, I'll support this, because I know that he is serious about helping us address illegal activity on our streets, disguised as homelessness. And so, if this is one of the tools that's going to be used to help move that agenda forward, I'm going to give you that opportunity, and I won't disturb that. But understand, I think we made it very clear that all of us on this board see that there is an issue, it needs to be addressed, and quality of life is of the utmost importance for our visitors and our residents in the City of Miami. And also, one last thing: RE.8. I'm going to ask the mover and the seconder to remove RE.8 from the motion; that's the settlement agreement. There's some things I just want to talk about that I may -- that I think all of us should probably (UNINTELLIGIBLE). ice Chair Russell: Mover accepts the amendment. Chair Hardemon: The seconder accepts. City ofMiami Page 172 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: I'm glad you brought that up. Chair Hardemon: Right. Commissioner Carollo: I'd like to remove, also, RE. 7; I'd like to remove FR.8 [sic]; I'd like to remove SR. 4. Commissioner Gort: Wait. Chair Hardemon: So you said RE. 7? Commissioner Carollo: Yeah. Chair Hardemon: So we know we have RE. 8. Commissioner Carollo: Yeah. RE.8 you did already. Chair Hardemon: SR.4 is indefinitely deferred, so. Commissioner Carollo: Which one is SR.4? ChairHardemon: SR.4 is the personnel. Vice Chair Russell: We're not dealing with the SRs (Second Readings) and FRs (First Readings) at the moment. Chair Hardemon: Yeah, and we're not dealing with -- yes. Go ahead; I'm sorry. Commissioner Carollo: Okay. I'd like SR. 1. Chair Hardemon: No SRs. Commissioner Carollo: No SRs today? Chair Hardemon: No SRs on here, no. Commissioner Carollo: Okay. Chair Hardemon: Just the resolutions, the Public Hearings -- Commissioner Carollo: The FRs, okay. Chair Hardemon: -- and the consent. Commissioner Carollo: And did you get into the PH? Chair Hardemon: And the PHs, the PHs, they're -- Commissioner Carollo: Okay. I'd like PH.3 to be taken out. I'd like for that to be deferred. Chair Hardemon: You want it to be deferred? Commissioner Carollo: Yes. So you could take it out, and we could deal with it separately. bice Chair Russell: Mover -- City ofMiami Page 173 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: Frankly, we wouldn't be here today to even discuss this if I hadn't been Mayor back in the '90s. Chair Hardemon: So you want -- but you want to defer it? Commissioner Carollo: Yes. Chair Hardemon: PH.3? Commissioner Carollo: PH.3. Chair Hardemon: Okay. So what we'll do then -- Commissioner Gort: Wait a minute. Chair Hardemon: -- right now, there's a motion that includes PH.3. We had a lot of public comment about PH.3. And so, it's up to the mover. If you want to remove it so we can discuss it separately; and then, you can discuss a deferral, or you want to keep it into the motion? L ice Chair Russell: I am -- I would prefer to keep it in. I'm open to discussing it. I do not prefer to defer it. Chair Hardemon: Okay. So right now we can --right now there's a motion and a second to include it. Commissioner, we can have some discussion on it; and, of course, you have a right to vote however you wish. Commissioner Carollo: I have not been able to do all my work and due diligence on this so that I can be able to talk about it to this Commission. I'd like to bring a substantive motion for deferral of this item; substantive motion and deferral of PH.3. Chair Hardemon: So I always -- when he says "substantive, " it always gets me. Todd B. Hannon (City Clerk): "Subsidiary, "so that it is correct. Chair Hardemon: "Subsidiary motion," right. Subsidiary motion. Mr. Hannon: The subsidiary motion takes precedence over the main. Chair Hardemon: So basically, he's moved to defer PH.3. So now we have to address his motion, because it's not a friendly amendment; it's a motion. Now, the question is, is there a second for the motion to defer? Now, I'm in support of PH.3, as it is, from what I've seen, but I will tell you that I'm always -- when it comes to colleagues and an item is the first time being heard and they say they don't have enough time to address it and they need just a bit more time, I'm always lenient towards that colleague for that additional time. Commissioner Reyes: I agree with you; and also, I'm a supporter of PH.3. I asked them for the -- to start the summer program and all of that. And in deference to -- I agree with you, and he asked, and we owe him the right to do that, because I had asked for deferrals, also, and I have obtained them, graciously. Chair Hardemon: Well, I'll accept Commissioner Reyes' second as a second to the motion to defer -- Commissioner Reyes: Yes, sir. Chair Hardemon: -- PH.3. So now -- City ofMiami Page 174 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Mr. Hannon: And my apologies, Chair. We're deferring it to April 26? Commissioner Carollo: The next regular Commission -- Mr. Hannon: So you'd like to continue it to May 10? Commissioner Carollo: Yeah; the next regular Commission. Chair Hardemon: When he says, "the next regular, " I think he means the next Commission -- Commissioner Carollo: Well, what I mean, Commissioner, the regular agenda; not Planning and Zoning -- Chair Hardemon: Okay. Commissioner Carollo: -- which would be the next one. Chair Hardemon: Okay. So, yeah, what you described. Chair Hardemon: So it'll be a continuance to May 10. Commissioner Carollo: Thankyou. Chair Hardemon: Is there arty further discussion on the motion that's on the floor? ['ice Chair Russell: Motion to defer? Commissioner Reyes: That's right. Chair Hardemon: That's correct. Commissioner Reyes: Until next Commission meeting. Commissioner Carollo: Of May -- Mr. Hannon: May 10. Commissioner Carollo: --10; the regular Commission meeting. Chair Hardemon: Trust me, we've heard all that public comment about it. Commissioner Reyes: Don't we have one (UNINTELLIGIBLE) inMarch -- Chair Hardemon: You know, I wanted to get it done, but -- Commissioner Carollo: Planning and Zoning. Commissioner Reyes: Planning and Zoning? Okay. bice Chair Russell: Just discussion for a moment, please. Chair Hardemon: You're recognized. bice Chair Russell: Commissioner Reyes, does that mean that you would be a "no" on this item if it were to move forward today? Commissioner Reyes: No. City ofMiami Page 175 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 ['ice Chair Russell: No, you would not be a "no"? Commissioner Reyes: No. I said it before. I said it before. I am a supporter of this item. I requested the inclusion of summer programs. I think that they're doing a good job, and I will vote 'yes" for this item. But in -- just because we have a colleague that he needs more time, I am supporting his request for more time, you see. iicky Leiva: This has already been -- through the Chair. This has already been -- ChairHardemon: Can you --? Ms. Leiva: --continued once. ChairHardemon: Let me see. Ms. Leiva: This was on the March 8 agenda. Commissioner Carollo: Gentlemen -- Ms. Leiva: -- and time was asked -- ChairHardemon: Okay. Thank you. Commissioner Carollo: -- I called the question on this. There was public hearing already. ChairHardemon: Well, I'm not going to allow any public comment any further. just -- Is there arty further question you have, Mr. t ice Chairman? Lice Chair Russell: Yes. And I think I'm reading the tea leaves here, but in --with respect to the people who have come here today and sat with us through this -- these varied conversations, the very first thing I said at the order of the day was that I was suggesting to defer the item -- ChairHardemon: Yes. T ice Chair Russell: -- for a couple of reasons that brought us to exactly where we are now. At the " Order of the Day," I felt the consensus to get a 4/5ths vote here that we could move forward, and we troubled these folks with their time and their hearts and passions and their discussions and arguments, legal and otherwise, of everything that this lessee does for the community and how they've earned their place here. If there are questions with regard to legality, I've studied that and I'm satisfied. As the district Commissioner for District 2, who is very intimately aware Of and knowledgeable about the tenants here and what they produce for the community, I would ask that we push this forward. I believe we've had plenty of time. This was brought to me over two years ago that this lease was coming, and I do believe the dais has had the time to take this on. But with respect to these residents, I would like to see us try to have a vote today, so I will be voting "no" on the request for deferral, and then I would like to try to move forward to see if we can get 4/5ths 'yes." Chair Hardemon: Well, the only issue that we have is that Commissioner Carollo wasn't present at the time that the question was posed. I think he came in -- Commissioner Reyes: That's my point. ChairHardemon: -- during discussion regarding the issue. City ofMiami Page 176 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Reyes: That's my point, too. Chair Hardemon: All right. Now, so there's a motion on the floor to defer Item PH. 3. All in favor of that motion, say "aye. " Commissioner Carollo: Aye. Commissioner Reyes: Aye. Chair Hardemon: All against? Vice Chair Russell: Nay. Commissioner Gort: Nay. Chair Hardemon: Motion passes. PH.3 is deferred. Commissioner Carollo: Thankyou, Chairman. Chair Hardemon: The -- There's a motion that's on the floor. All in favor of the motion that's on the floor -- Mr. Hannon: Chair -- Commissioner Gort: Which motion is on the floor? Unidentified Speaker: (UNINTELLIGIBLE). Mr. Hannon: -- I just want to make sure that we're all on the same page here. Chair Hardemon: Okay. Mr. Hannon: So right now, I have a motion by [ice Chair Russell, seconded by Commissioner Reyes, and I'm just going to go down the list. I have PH.3 being amended -- I'm sorry -- PH.3 is now being continued, so that is now off the list. Please bear with me for one second. BarnabyMin (Deputy City Attorney): Mr. Hannon, I could try and assist. Mr. Hannon: Oh, pardon; yeah, please. Mr. Min: I believe CA.3 is going to be adopted, with modifications; CA.4 is adopted, with modifications; CA.9 is modified to include District 3, as a co-sponsor; PH.4 is going to be adopted, with modifications; PH5 is going to be adopted with modifications; RE.1 is going to be adopted, with modifications; RE.3 is going to be adopted, with modifications; RE.4 is adopted, with modifications; and RE.5 will be adopted, with modifications. Mr. Hannon: And just for the record, I do not believe we need to amend CA.9 since it's just for co-sponsor of the legislation. I just want to make sure we're on the same page. Chair Hardemon: It's all fine. Commissioner Carollo: Could you also go over the other ones that have been pulled Mr. Hannon: Yes, sir. City ofMiami Page 177 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Carollo: -- Mr. Clerk? Mr. Hannon: RE. 7 and RE.8 were removed from the block vote. ChairHardemon: Right. Commissioner Carollo: Okay. ChairHardemon: All right. Commissioner Reyes: And I have some questions on RE. 6 and RE. 8, I think it is. ChairHardemon: Well, 8 is not in; but RE. 6, you have a question? Commissioner Reyes: Yes. ChairHardemon: Please ask. Commissioner Reyes: RE.6 is not in? ChairHardemon: RE.6is in. Commissioner Reyes: It's in. ChairHardemon: RE.8 is not in. Commissioner Reyes: Well, I have a question on RE.6. ChairHardemon: Please. Commissioner Reyes: It's my opinion, you see, I -- that what we're proposing in this, as what I have read about this court case, you see, this court case deals with an appeal from the President, you see. It's appealing the decision of a court. And I think what we have in this case, you see, is a decision by the court on the delegated powers of the President. You see, we, as a body, we represent all the whole spectrum of political philosophies. Commissioner Carollo: Commissioner, if I could ask you, could you just ask for it to be pulled; and then, we'll discuss it after lunch? So -- Commissioner Reyes: Oh, okay, we can discuss it after lunch. Commissioner Carollo: Thankyou. ChairHardemon: Works forme. Commissioner Reyes: And -- ChairHardemon: So you're the seconder. Commissioner Reyes: -- that's fine, because I'm voting -- ChairHardemon: Does the mover accept (UNINTELLIGIBLE)? ice Chair Russell: The mover accepts. ChairHardemon: Great. lice Chair Russell: We're moving RE. 6, 7, and 8 from the original motion. City ofMiami Page 178 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Chair Hardemon: Seeing no further discussion on the motion on the floor, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Allagainst? Motionpasses. L ice Chair Russell: As amended. Chair Hardemon: We'll be back at 2 o'clock for lunch --for -- to finish the rest of the agenda. We're in recess. NA.2 RESOLUTION 3996 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING Commissioners and MIAMI-DADE COUNTY, THE MIAMI-DADE COUNTY Mayor TRANSPORTATION PLANNING ORGANIZATION, AND THE FLORIDA DEPARTMENT OF TRANSPORTATION TO INCLUDE FIRST AND LAST MILE CONNECTIONS FOR PEDESTRIANS, CYCLISTS, AND OTHER TRANSPORTATION MODES IN ALL SIX (6) PROPOSED STRATEGIC MIAMI AREA RAPID TRANSIT ("SMART") PLAN CORRIDORS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. ENACTMENT NUMBER: R-18-0150 MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Adopt ADOPTED Wifredo (Willy) Gort, Commissioner Ken Russell, Vice Chair Russell, Gort, Carollo, Reyes Hardemon b Ice Chair Russell: There was a pocket item that I had brought -- File Number 3996 -- that was passed out this morning before Mr. Penalosa's presentation. It's a resolution of the Miami City Commission, urging Miami -Dade County and the Miami -Dade County Transportation Planning Organization and the Florida Department of Transportation to include first- and last -mile connections for pedestrians, cyclists, and other transportation modes in all six proposed strategic Miami Area Rapid Transit Plan corridors; directing the City Clerk to transmit a copy of this resolution to the officials stated herein. I have the gavel. If -- I'll welcome -- Commissioner Gort: Move it. Lice Chair Russell: -- a motion; second by the Chair. Any discussion on the item? Commissioner Reyes: No. I just need some clarification. What you're -- excuse me for not understanding real well. Lice Chair Russell: Sure. It's simply -- Commissioner Reyes: What you are proposing is for the -- I mean, Smart Plan to consider -- tike Chair Russell: Yes. City ofMiami Page 179 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Reyes: -- adding pedestrian and bicycle path, right? Vice Chair Russell: Including pedestrian, cyclists options in the vicinities of each of their six proposed strategic areas. This is a concept that the Knight Foundation is funding; the DDA (Downtown Development Authority) is in support of. and the " 8/80 Ci ti es Foundati on," of whi ch M r. Penal osa -- who is visiting -- he addressed the County Commission, as well as a presentation through the Knight Foundation this week. And the 8/80 group had asked if we would pass this resolution, urging that Smart Plan includes pedestrian and cyclists options and connections to make them smart. Commissioner Reyes: Sir, just to be clear, this will not sacrifice any streets or any --? Lice Chair Russell: Absolutely not. Commissioner Reyes: Okay. I -- Commissioner Carollo: Okay. Which number is this, Commissioner? b ice Chair Russell: This is a pocket item, File Number 3996 that was handed out this morning. If you don't have a copy of it, the Clerk has -- Commissioner Carollo: Thankyou. bice Chair Russell: -- passed them out. Commissioner Carollo: Okay. The one that I have is on nursing homes. I thought we did that one already, include first- and last -mile connection. Commissioner Reyes: Yep. Commissioner Carollo: Okay. What does this mean? This is important, because -- Are we saying that in all the new proposed Rapid Transit Smart Plan couriers [sic] that we have to include bicycle path? Vice Chair Russell: We don't have to do anything. What this is --and Mr. Penalosa spoke for about five minutes this morning in his presentation on the item -- Commissioner Carollo: Yeah. bice Chair Russell: -- is that one -- Even once we get a full system of public transit in place that the first- and last -mile solution is the missing element. How do people get from their house to that public transit? And it's a holistic look at marry, many different solutions. And what he's asking is that the TPO (Transportation Planning Organization) look at that as they develop a smart plan to make sure that it's included. This doesn't increase any expenditure from the City. It doesn't mandate anything. This is simply encouraging first- and last -mile solutions as the Smart Plan is developed. Commissioner Carollo: All right. That's -- Commissioner Gort: (UNINTELLIGIBLE) system. Commissioner Carollo: --fair enough. That's fair enough. Call the question. Vi ce Chai r Russel 1: Al I i n favor, say " aye." City ofMiami Page 180 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Nicole N. Ewan (Assistant City Clerk): Oh, Tice Chair, your public hearing. Public hearing. Vice Chair Russell: We did this morning. This item was entered, and the gentleman actually spoke during public hearing about it. Ms. Ewan: But it was not brought up by the Commission during the time this item -- it was just during the -- as a non -agenda item. Vice Chair Russell: And because it was off the agenda -- Commissioner Carollo: Yeah. Ms. Ewan: That is correct. Lice Chair Russell: -- they spoke on those items, so -- Commissioner Carollo: So you need to ask if anybody -- Lice Chair Russell: We'll open the floor for public comment, please. Is there anyone that'd like to speak on this item? Hearing none, I'll close the public comment. Arty further comments from the dais? Hearing none, I'll close that. All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. And I believe that concludes the morni ng' s agenda. We wi I I now open the PI anni ng & Zoni ng -- oh, no. I'm sorry. We've got boards and appointments [sic]. Ms. Ewan: Absolutely. Commissioner Carollo: Commissioner, I need to step out for three to five minutes. I ice Chair Russell: We'll call a five-minute recess, please. Commissioner Carollo: Thank you. Vice Chair Russell: Is that enough? Commissioner Carollo: Please. That's fine. Vice Chair Russell: Five. NA.3 DISCUSSION ITEM 4024 THE MIAMI CITY COMMISSION ACKNOWLEDGED CITY Office of the City ATTORNEY VICTORIA MENDEZ' BIRTHDAY AND TOGETHER Clerk WITH MEMBERS OF THE AUDIENCE IN CHAMBERS SANG "HAPPY BIRTHDAY". RESULT: DISCUSSED Commissioner Reyes: Listen, before we go, I want to inform you that our City Attorney, it's her bi rthday today. I don't know; I thi nk she became 21? Victoria Mendez (City Attorney): Ahh! Thankyou. City ofMiami Page 181 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 Commissioner Reyes: And happy birthday. Ms. Mendez: Thankyou. [`ice Chair Russell: Happy birthday. Ms. Mendez: Thankyou very much. Commissioner Reyes: Yes. Commissioner Carollo: That's great. Ms. Mendez: This is my party right here with all of you. Commissioner Reyes: You're having a lot of fun, right? Ms. Mendez: I always have fun. Commissioner Carollo: Well, just don't cry if you want to. Ms. Mendez: Mr. Chair and members of the Commission -- Commissioner Carollo: Well, we'll reconvene after the shade meeting. Chair Hardemon: Right. Later Commissioner Carollo: If I could take a point of personal privilege for a moment. And Ms. Mendez, can you come over here? The -- we have a problem here. Chair Hardemon: I think he wants you to walk over there. Commissioner Carollo: Yeah, over here. Chair Hardemon: You have to walk -- dead man walking -- Commissioner Carollo: The Chairman -- Chair Hardemon: --walking the green mile. Commissioner Carollo: -- got a problem here. ChairHardemon: Walking the green mile. t ice Chair Russell: Uh-oh. Chair Hardemon: Oh, the candle went out. I guess -- Note for the Record: The Comrrission sang "Happy Birthday" to City Attorney Victoria Mendez. (Applause) Ms. Mendez: Thankyou. Thankyou. Who wants cake? Commissioner Carollo: You get to cut the cake and -- City ofMiami Page 182 Printed on 05/25/2018 City Commission Meeting Minutes April 12, 2018 ADJOURNMENT Ms. Mendez: Thank you, thank you. Commissioner Carollo: You get to cut the cake and pass it out. The meeting adjourned at 8:04 p.m. City ofAliami Page 183 Printed on 05/25/2018