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HomeMy WebLinkAboutCC 2016-11-17 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com * I6IIIp IIA?EI 11 AC Meeting Minutes Thursday, November 17, 2016 9:00 AM Regular City Hall City Commission Tomas Regalado, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Frank Carollo, Commissioner, District Three Francis Suarez, Commissioner, District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes November 17, 2016 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Suarez On the l7th day of November, 2016, 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 12:14 p.m., reconvened at 2:10 p.m., recessed at 2:12 p.m., reconvened at 2:20 p.m., adjourned at 3:29 p.m., reopened at 5:08 p.m., and adjourned at 5:14 p.m. Note for the Record. Vice Chair Russell entered the Commission chambers at 9:06 a.m., Commissioner Carollo entered the Commission chambers at 9:06 a.m., and Commissioner Suarez entered the Commission chambers at 9:23 a.m. ALSO PRESENT. Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd R Hannon, City Clerk Chair Hardemon: Welcome to the November 17, 2016 meeting of the City of Miami City Commission in these historic chambers. The members of the Commission are Wifredo Gort, Frank Carollo, Francis Suarez; the Vice Chairman, Ken Russell; and me, Keon Hardemon, the Chairman. Also on the dais are Daniel J. Alfonso, the City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, our City Clerk. The meeting will be opened with a prayer, led by Commissioner Wfredo Gort; and the pledge of allegiance, led by myself. So, please, all rise. Invocation and pledge of allegiance delivered. Chair Hardemon: Everyone can have a seat. PR - PRESENTATIONS AND PROCLAMATIONS PRA PROTOCOL ITEM 1344 Honoree 14 Customer Service ACES Winners Parks Department Anthem-Amerigroup Mayor Regalado Afrikin Festival Presenter Mayor & Manager Anthem/Amerigroup Mayor Regalado Florida League of Cities Commissioner Russell Protocol Item 14 Commendations $20,000 Check Presentation Certificate of Appreciation Years of Service Award Proclamation City of Miami Page 1 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 RESULT: PRESENTED 1) Mayor Regalado and City Manager Daniel J. Alfonso presented commendations to City of Miami Employees who were recognized for their delivery of commendable customer service provided under the Customer Service ACE program. The "Appraising City Excellence in Service" (ACES) telephone and email secret shopper programs have led to improvements in efficiency and effective customer service within the City of Miami. 2) Mayor Regalado presented a Certificate of Appreciation to Anthem, Inc./Amerigroup for presenting the City of Miami with a $20, 000 donation in order to fund the Youth iDance Miami Program. The iDance Miami Program is designed to promote teen engagement in healthy active lifestyles and combat obesity in a safe, enjoyable environment. Anthem, Inc./Amerigroup has elevated the quality of life in the City of Miami by making such a valuable contribution to our community. 3) Mayor Regalado was honored and recognized on behalf of the Florida League of Cities by Bay Harbor Islands Council Member Isaac Salver, who presented Mayor Regalado with the John Land Years of Service Award in recognition of his twenty (20) years of elected service and unselfish commitment to municipal leadership, governance and dedication to the City of Miami. 4) Mayor Regalado and Vice Chair Russell presented a proclamation to Afrikin (Africa + Kin), a new and multifaceted festival that places innovation at the forefront by highlighting ingenuity and the economic as well as social opportunities of Africa. This is the first festival to take the usual music and arts formula and blend it with education, business, and activism. Team Afrikin is a dedicated and accomplished collection of entertainment, media, and international relations professionals who together pool their expertise to create cultural events. Proceeds from Afrikin will benefit Hurricane Matthew relief efforts to Haiti and Give Me Dignity, an organization that raises awareness about Childhood Sexual Abuse (CSA). S) Mayor Regalado and Vice Chair Russell presented a proclamation to Mr. Robert D. Brennan, also known as the "Tree Guru", for both his knowledge of and passion for his field of endeavor. He has also served as President of Brennan 's Tree Service, Chairman of the Urban Forest Committee for the City of Miami, Consulting Tree Preservation Officer for Cymbal Development, Founder and President of the Tropical Arborist Guild, President of Robert D. Brennan Arboricultural Consulting, Arborist for Fairchild Tropical Botanic Garden, and Landscape Inspector of Florida for R. D. Brennan Consulting. Mr. Brennan has been an inspiration for upcoming legislation to enhance the existing system of tree protection and the promotion of the growth of the urban tree canopy. Chair Hardemon: At this time, I'd like to do something that is a bit out of the ordinary, so I'd like to ask the Honorable Isaac Salver, councilmember from the Town of Bay Harbor Islands, to approach the dais. We will -- he will be presenting the Florida League of Cities "Years of Service Award" to someone very special to the City of Miami. Presentations and proclamations made. City of Miami Page 2 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETING: AMA Special Meeting of July 20, 2016 MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez AM.2 Second Budget Hearing of September 20, 2016 MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez AM.3 Planning and Zoning Meeting of September 22, 2016 MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: Is there a motion to approve the meeting minutes for AM.1, 2, and 3? Commissioner Suarez: So moved. Vice Chair Russell: Second. Chair Hardemon: It's been properly moved and seconded that we approve items AM.], AM.2, AM.3, which are all minutes from -- on the agenda. Any discussion about it? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. END OF APPROVING MINUTES MV - MAYORAL VETOES NO MAYORAL VETOES City of Miami Page 3 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 Chair Hardemon: Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. END OF MAYORAL VETOES City of Miami Page 4 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 Is] SINZKO]a9:1;1BEY1 Chair Hardemon: We will now begin our regular meeting. The City Attorney will state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you, Chairman. Good morning. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online at wwwmunicode.com [sic]. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this Code section is available in the City Clerk's Office or online at wwwmunicode.com [sic]. The material for each item on the agenda today is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov. com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public commentperiod. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications, or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outbursts 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 Commission chambers. Any person with a disability requiring assistance, auxiliary aides, services for this meeting may notes the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p. m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Thank you. Chair Hardemon: Thankyou very much. Later... Chair Hardemon: Are there any items that the City or the Commissioners wish to have continued or withdrawn from the agenda today? Daniel J. Alfonso (City Manager): Yes, Mr. Chairman. Thank you. Good morning, Commissioners. Mr. Chairman, we'd like to have item FR.1 deferred to January 26; item RE.6 will be withdrawn; and items SR.5 and PZ. 6, which are companion items, deferred to the January 12 agenda. City of Miami Page 5 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Chair Hardemon: What are the last two that you just said? Mr. Alfonso: SR.5 and PZ.6, which are companion items, to be deferred to the January 12 agenda. Chair Hardemon: So that's FR.1 to be deferred; RE.6 to be withdrawn; SR.5 to be deferred; and further action on PZ.6 will be later; but that will be deferred, as well. Mr. Alfonso: Correct, Mr. Chairman. Chair Hardemon: Commissioners, are there any other items that you wish to --? Commissioner Suarez: Yes. Chair Hardemon: You're recognized, Commissioner Suarez. Commissioner Suarez: I'd like to defer RE.3 to January 26. And I'm going to be deferring something in the PZ (Planning & Zoning) item. I don't know if you want me to announce it now. Chair Hardemon: You can make an announcement now -- Commissioner Suarez: Sure. Chair Hardemon: -- so at least we'll know. Commissioner Suarez: So Tin going to be deferring -- let me see if-[ can find it here -- PZ.2 and PZ.3 to January 26, as well. Chair Hardemon: Is there any other item? Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Yes. Can we defer CA.9 and SR.2? Vice Chair Russell: We'll be out of here by noon. Chair Hardemon: Duly noted. Todd B. Hannon (City Clerk): And I'm sorry, Commissioner -- Commissioner Suarez: From your lips to God's ears. Mr. Hannon: -- we're deferring it to which date; CA.9 and SR.2? Commissioner Carollo: The December meeting. Mr. Hannon: Yes, sir. Commissioner Carollo: The December meeting. Commissioner Suarez: The 8th, right? December 8? Commissioner Carollo: That was CA.9 and RE.2. City of Miami Page 6 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Chair Hardemon: That's SR.2? Commissioner Carollo: I'm sorry. Commissioner Suarez: SR.2. Commissioner Carollo: (UNINTELLIGIBLE), SR.2. Commissioner Suarez: Okay. Commissioner Carollo: I'm sorry. Commissioner Suarez: And the meeting is on the 8th? Chair Hardemon: Give me one second. Commissioner Suarez: Okay. Chair Hardemon: All right. Is there a motion in accordance with what's been stated on the record? Commissioner Suarez: So moved. Mr. Hannon: Apologies for interrupting. May I read the list one more time, just -- Commissioner Suarez: Sure. Mr. Jones: -- so we're all on the same page? Commissioner Suarez: Sure. Mr. Hannon: I have FR.1 being deferred to January 26; RE.6 being withdrawn. SR.5 and PZ.6 will be deferred to January 12; however; the action on PZ.6 will be taken at 2 p.m. or thereafter. RE.3 is going to be deferred to January 26. Commissioner Suarez indicated that PZ.2 and 3 will be deferred to January26, which will happen either at 2 p. m. or thereafter. And CA.9 and SR.2 will be continued to December 8. Commissioner Suarez: So moved. Chair Hardemon: Is there a second? Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded. Any discussion? Hearing none, motion passes. Later... Chair Hardemon: Now reopening the November 17, 2016 Miami City Commission meeting. Commissioner Gort, I want to acknowledge you. I know that you had something that you wanted to put on the record. Commissioner Gort: No, I wanted to ask the Manager; because when we postponed some of -- and deferred some of the items, I didn't realize that RE.3 was referral City of Miami Page 7 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 [sic], which is the tow trucks. That's something -- we've been working on it for six months right now. I'd like to know the reason. Chair Hardemon: Okay. Is there a representative from -- Commissioner Gort: Because the -- Chair Hardemon: -- the Manager's office? Commissioner Gort: No, it was deferred by one of the Commissioners. Chair Hardemon: Go ahead. Ms. Mendez: Yes. One of the Commissioners requested for that one to be deferred. Commissioner Gort: January 26. I didn't realize at that time what the issue was. Chair Hardemon: I wasn't one of those Commissioners that asked for -- Vice Chair Russell: Todd, do you recall who deferred the item? Chair Hardemon: Well, it was -- that would have been Commissioner -- Mr. Hannon: What's the question? I'm sorry. Chair Hardemon: Commissioner Suarez. He asked for it, RE.3. Vice Chair Russell: Who asked if we could defer the tow truck item? Commissioner Gort: No, I didn't. There was one of the Commissioners that wanted to know if -- the reason, because they postponed it all the way to the 26th of January and -- Chair Hardemon: Commissioner Suarez was the one that requested it, but we didn't have a reason on the record. Commissioner Gort: Okay. Chair Hardemon: So we'll have to wait till he comes back. Commissioner Gort: Let's wait until he comes back then. Chair Hardemon: But -- okay. Before we move into the rest of the -- try to complete the regular agenda, I know that there are some continuances that we want to have on the --for the Planning & Zoning section of the meeting. And so, Francisco, if you'd like to make the -- Mr. Hannon: Chair. Chair Hardemon: -- request to be known -- Mr. Hannon: Chair, just a friendly reminder. We -- Chair Hardemon: Yeah, but we -- Mr. Hannon: -- if you're going to take -- City of Miami Page 8 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Chair Hardemon: But my question is this: If we're merely doing continuances, do we need to open up the Planning & Zoning --? Mr. Hannon: It's a totally separate agenda. Chair Hardemon: Okay. So we're going to open up the Planning & Zoning agenda. Mr. Hannon: Okay. So we're going to recess the regular meeting, and if you could give us just 60 seconds so we can flip the tape. Chair Hardemon: Okay. Mr. Hannon: Good to go, Chair. Chair Hardemon: Okay. Commissioner Gort: We lost quorum. Chair Hardemon: Yeah, we lost quorum. Mr. Hannon: You can move to a discussion item, if you so choose. Chair Hardemon: Yeah. It's not that many -- Ms. Mendez: Mr. Chair, would you like me to read the scripts? Chair Hardemon: But the -- I think the scripts are for the Planning & Zoning. Commissioner Gort: We got quorum. We got them back. Ms. Mendez: All right. PUBLIC COMMENT PERIOD FOR REGULAR ITEMS Chair Hardemon: At this time, I'll open up the floor for public comment for the regular agenda items, so those are items for the mayoral vetoes, consent agenda, public hearing, second reading, first reading, resolutions, and BC (Board and Committees) items. So if you are here to speak on any of the items that are on the agenda that I just named -- so those are items other than the Planning & Zoning -- this is your time to be heard. You'll have two minutes to speak. Please state your name and address for the record, and which item it is that you're speaking about. We lookforward to hearing your comments. Sir, you're recognized. Albio Castillo: My name is Albio Castillo. I live at 2235 Southwest 16th Terrace. I have to make an announcement. Unfortunately, I will not be living in Miami as of December due to a family problem. I have served the City as apolitical activist since 1972 until the present. I don't know what the future will hold in Orlando, but I just decided to make this, because I lived all my life in here; graduated from high school and college, Miami Dade Community College, North Campus. So I'm just making this announcement. I'll --from time to time, I will visit you. I'm not leaving - - just to Orlando, but from time to time, I will visit the City. The only project, I have one project, and other than that, I'd like to thank the Chairman and the Vice Chairman for this, giving me this opportunity. Thank you. Any question from the City of Miami Page 9 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Commission? Any question from the Administration? This will be the last time I will say this. And thank you. Commissioner Gort: And we're going to miss you. We're going to miss you. You're going to be coming back; no problem. Applause Chair Hardemon: You're recognized, ma'am. Truly Burton: Good morning, Mr. Chairman. Mr. Chairman, County [sic] Commissioners, I'm Truly Burton, from the Builders Association of South Florida. You deferred the items that I was going to come speak about, which is SR.5 and PZ. 6, but very briefly, just to share with you, we've had some concerns about the items. I -- we are in support of the deferral. We met once in person with City staff, and just yesterday, on phone conference, with Mr. Garcia. I think we both realized at that time we had five or six outstanding issues that we think are resolvable, but that additional time will make it very helpful to get those things changed. Very briefly, the concerns include the amount of the fee and setting a schedule with phasing and a cap; clarifying the definition of "construction cost"; clarifying "vesting"; streamlining the maintenance and escrow provisions; and providing a 90 - day public notice. Again, in speaking with Francisco Garcia, we think we can get this done. Our members are focused. We believe that Mr. Garcia is also equally focused on these issues, and we lookforward to a positive result. Thankyou, Mr. Chairman. Chair Hardemon: Thankyou. You're recognized, sir. Juan Cuba: Hello, Mr. Chair and City Commission. My name is Juan Cuba, and I live at 165 Ponce de Leon Boulevard, Coral Gables, Florida 33134; long time -- I've been living in Miami, also, for a while. I want to speak on SR. 4, which is raising the living wage in the City of Miami. First, I would like to thank sponsors Chairman Hardemon, Vice Chair Russell. Thank you so much for putting this forward, and for all of you who passed it on first reading. I don't think it's -- I need to repeat it, but I will. You know, we live in a City with huge income disparities, where people are struggling to make ends meet, and provide basic necessities for their families; and people who are employed, who are working, but aren't making enough money to provide those basic necessities. I don't think anyone who works fulltime year-round should be living in poverty, and I think, you know, you can't live in this City on $8.05 an hour. So I want to thankyou, because I believe municipal governments have a responsibility to lead in this conversation. The County has led. I believe Miami Beach is leading. I want to thank you, also, for leading the way on this issue, because you, as our government, the City of Miami, are setting the bar for what -- and letting people know that they should be paid a living wage, some -- a wage that they can go back to their families with dignity; have to work just one job, instead of three; and it'll improve the quality of life, not just for them, but for our community. So thank you again. I urge this Commission to pass it on second reading. Thank you. Applause Chair Hardemon: In the chambers, we don't allow clapping. I allowed some clapping, because of the nature of the presentations and the proclamations; and also, for the gentleman, because it was his last time speaking. But you should note that in the City chambers, we do not allow clapping. If you show your support for someone who has an eloquent speech, or you love what they have to say, you just raise your hands and -- I've been told they're called "spirit hands, spirit fingers, " a City of Miami Page 10 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 number of different things. But please do not clap, because then, I have to explain this message, and then it takes a little bit of time to --for us to get back to where we were, and we don't want to waste our time. Okay? You're recognized, ma'am. Christine Rupp: Good morning, Chairman Hardemon, Vice Chairman Russell, Commissioner Gort, Commissioner Carollo. I'm Christine Rupp, from Dade Heritage Trust, 190 Southeast 12th Terrace, Miami 33131. And I'm here today on behalf of Dade Heritage Trust and also, the National Trust for Historic Preservation, to speak in support of RE.12, the issuance of bonds for the potential to restore the Miami Marine Stadium. I'd also like to read into the record a letter from the National Trust that was presented to me to read to you, because the president, Stephanie Meeks, was not able to make it here today. So may I? Chair Hardemon: Please. Ms. Rupp: Great. And this is obviously addressed to all of you. "Dear Commissioners, thank you for allowing my testimony to be read into the minutes of today's meeting. I very much wish I could be with you on this important date to deliver them in person, but, unfortunately, our annual National Preservation Conference is being held in Houston today. As you prepare for today's hearing, I would like to once again express the full support of the National Trust for Historic Preservation for your efforts to restore and reopen Miami Marine Stadium. We strongly believe the stadium is a unique and historic community asset that has the potential to bring Miamians together and spur economic growth for decades to come. Chartered by Congress in 1949, the National Trust has over 65 years of experience preserving historic places across the United States, so we know firsthand that preservation is rarely straightforward. It is hard work that requires vision, patience, and creativity. We also know that it takes time. That is why we founded our flagship program, National Treasures, a portfolio of iconic buildings, landscapes and communities across the country. All are integral to the story of America, and all face unique challenges that can be difficult to resolve; that is why, for each national treasure, we make a deep, long-term commitment to find a preservation solution that will stand the test of time. When we named Miami Marine Stadium a national treasure in 2012, our goal was to ensure that future generations will be able to experience this remarkable place, one that captures the spirit of South Florida like no other structure; that is why we are happy to see the resolution on today's agenda, as it represents the critical financial commitment needed to bring the stadium back to life, as the focal point of Virginia Key. From legal and advocacy support, the preservation expertise needed to secure Federal historic tax credits, the National Trust is qualified to assist the City of Miami as it develops the plan to restore Miami Marine Stadium. I continue to" -- I con -- "I welcome the opportunity to discuss with you how we might continue to contribute to this important work. Thank you for your support and your commitment to saving this national treasure. And obviously, Dade Heritage Trust concurs. " Thank you. Chair Hardemon: Thank you so much. You're recognized, ma'am. Margaret Goodro: Mr. Mayor; Commissioners, my name is Margaret Goodro, with Biscayne National Park, superintendent; address is 9700 Southwest 328th Street, Homestead, Florida. I'm new as a superintendent for Biscayne National Park. I came from Alaska, and I've been here all of two weeks. So thank you for the warm welcome. I'm enjoying the cold weather trend right now. Thank you. So I'm here to speak a little bit about RE. 11, and the importance of fresh water to Biscayne Bay and to Biscayne National Park. Biscayne Bay is vital to the ecosystem. Its also vital to the economy. We have millions of visitors who come from around the world to enjoy this beautiful place, and fresh water is what's keeping it alive. And so, we support any efforts to get more fresh water into the bay to help sustain that bay for all of the City of Miami Page 11 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 folks who live here, for the families who come enjoy on vacations and who enjoy fishing, snorkeling, scuba -diving, boating, and the beautiful views just from being on the beach here in Florida. So thank you for bringing this forward, Commissioner Suarez. And thank you for the support for Biscayne Bay and Biscayne National Park. Chair Hardemon: Thank you. You're recognized, sir. Don Worth: My name is Don Worth. I'm a resident at 1390 Ocean Drive, Miami Beach, and I'm here to speak in favor of RE. 12, the Miami Marine Stadium, a couple ofpoints. First, people want it. You know from the hundreds of emails you've gotten; I know from all of the community presentations I've made, including the one to the Key Biscayne Bar Association -- that's lawyers, not liquor. Second, internationally, this will work. Internationally -recognized eventproducers, we've taken them into the stadium, and when they see this place, their jaws drop. And they would tell you that, when restored, this building will be one of the great open-air venues in the world; easily unequalled, with places like Red Rocks in Colorado; or Bregenz, in Austria. Obviously, there's a lot of work to be done. I've talked often about the need for a business plan and an RFP (Request for Proposals) for an operator; because this building will not run itself, and it's time to test the market to see what the interest is. But I can tell you, by you approving your resolution today, you're going to show the world that the City of Miami is serious, and for that reason, I'm very confident you're going to see some very serious proposals and interesting opportunities come forward to you. And I should note that the National Trust for Historic Preservation, and Heineken, two organizations which have a long-term interest in this place are going to make sure that your approval today is not just a local story, but a national story. So please approve this. You'll make a lot of people happy. And also, this is a legacy issue for this Commission. In fact, all of Virginia Key is a legacy issue for you, and I hope you continue your focus on Virginia Key, as well. Finally, I might note that it's ironic that City Hall is in a building that used to be an airplane terminal, because as far as the Marine Stadium goes, this has gone on long enough. Its time to stop circling the airport and land the plane. Thanks. Chair Hardemon: You're recognized, ma'am. Erin Clancy: Hi. Erin Clancy, here as a private citizen, a resident of 3558 Royal Palm Avenue in the Grove, 33133. I'm speaking on RE.9. Commissioners Suarez, Carollo, Chairman Hardemon, Vice Chair Russell, Commissioner Gort, thank you so much for your leadership in bringing forth this resolution. We, as the residents of South Grove and all of the Grove have suffered from high-speed cut -through traffic on our streets, and we've actually started a petition, asking for 20 miles an hour. We'd like to ask you to consider modification to the language in the resolution that would allow 20 miles an hour in certain areas. Most of the streets of the Grove do not have sidewalks. They were designed for horse and buggy; not SUVs (sports utility vehicles), traveling at high speeds, with drivers looking at their cellphone. So most of us find it very difficult to walk our dogs, pull out of our car driveways, or have any modicum of safety. We would appreciate the 25 miles an hour, but we would also appreciate the language that would allow for 20 in those areas where it's required. I also have another issue to speak on as a lobbyist. Should I come back to the microphone or do it now? Chair Hardemon: If it's an item that you're going -- well -- Ms. Clancy: I registered for speaking on behalf of Tropical Audubon on RE. 11. Now? Okay. I just wanted to echo the sentiments of the new superintendent and welcome her, also. RE. 11 is an important resolution in favor of moving forward with Biscayne Bay wetlands coast -- coastal wetlands restoration that has been stalled at City of Miami Page 12 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 phase one, and we would really appreciate that it move forward with the completion ofphase one, and planning and expediting the construction ofphase two. This is an important element of restoring the flows as they once were to the bay. And as the superintendentpointed out, a lot ofjobs depend upon it, and the tourism to our economy. Thank you very much. Chair Hardemon: Thank you. Everyone pause. You're recognized. Bruce Orusz: Good morning, Commissioners. And my name is Bruce Orusz. Ilive at 5025 Collins Avenue, Miami Beach. My role is as the chairman of the Greater Miami Visitor and Convention Bureau. I speak on their behalf, as well as my own company, which is ACT Productions. We've been on the Beach for 30 plus years, providing entertainment to this community. So I'm here to support the Marine Stadium bond. I have seen over the many years that I've been here the stadium sit idle, and I think, having actually had an experience in a project at the stadium that was overwhelmingly received three years ago during Art Basel, it was just an indicator that this venue, with a restoration, will become one of -- not only the world's most interesting venues for water and water sports, which is evolving, it's becoming more important to this community and to many people around the world, but it will also add an attraction to the City and to our City and to our community that is unique, that is unrecognized. And it has been sitting idle and dormant for so many years in deterioration. For us to revive -- this will become once again one of those items that crystalizes the world in looking at Miami and all the uniqueness and all the diversity, and all of the opportunities that we provide as an entertainment venue, as a place to visit, and as a place to enjoy maybe things that you can't see or find anywhere else in the world. So with that, I really -- I hope that you support this bond effort. I know that this will only enhance all of the things that we currently have to offer. I know thatpaddle-boarding is close to Ken's world, so I know that this would probably be an interesting area to continue to develop. And I thank you, and hopefully, that you will go forward and pass this bond issue. Thank you so much. Chair Hardemon: Thank you very much, sir. Ma'am, you're recognized. Carol Lopez-Bether: Oh, me. Okay. Hi. Thank you. My name is Carol Lopez - Bethel. I reside at 3907 Loquat Avenue. lam absolutely elated to be here this morning. I cannot tell you that after two years of excitement to see RE.9 on the board today, I am so pleased to be before this Commission. I almost leapt with joy when I saw it on there. I'm especially grateful to be here this morning, because each and every morning, multiple times a day, I take my life in my hands to walk my dogs. I -- and to leave my driveway, literally having to jump into the Swale. I actually had a dog who -- a puppy that was born in my home killed, not three feet from me. I -- my street is very narrow, there are very few sidewalks, and what happens with all of the cut -through traffic is that people are coming at a very fast clip, because -- following a 30 -mile -an -hour speed limit, which doesn't allow them to see stop signs that are many times in the South Grove covered by trees or other bushes, either by -- that the City or residents have not trimmed. It's a very dangerous situation, and it is -- it's probably one of the most frightful things that Ideal with every day, every time I open my door. "Is the cat in? Are the dogs in? Please, God, don't let the gate open with"-- "during rush hours. " We have had very good response from the Police Department with enforcement, but they have very great difficulty enforcing a speed limit when it's in -- when it's difficult for them to see. A 25 -mile -an -hour -- a 5 -mile - an -hour decrease might allow some people to take notice, if they do remove their faces from their phones that there are stop signs available. But I think that the speed that -- at which people are going through the streets, which is often 40 to 50 to 60 miles an hour at given times a day, the worst times are during school, the -- even at night, I've seen cars going over speed bumps at 40, 50 miles an hour. I am so City of Miami Page 13 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 grateful that this is now under consideration. Any consideration that you can give to lowering the speed limit in the areas of the Grove where we have no sidewalks, so that 1 don't have to jump into the swale, I assure you that you will be affecting my life and many people's lives on a daily basis, multiple times a day. Chair Hardemon: Thankyou so very much. Ms. Lopez-Bether: Thank you. Chair Hardemon: Ma'am, you're recognized. Tamme Flood: Hi. Yes. Good morning. My name is Tamme Flood. I live in Spring Garden Historic District, 928 Northwest 9th Court. I also live in the Overtown District. Listening to these resolutions, I support RE. 12, RE. 9, and RE. 11. I'm here to speak against RE. 16, which relates to Parrot Jungle, and I don't know if it's possible for me to speak against it and defer -- and ask you to defer it, but I just found out through the newspaper that you are thinking about transferring the lease to a developer. And I was a former member of Miami Yacht Club. My daughter learned to sail there. She became an Olympic sailor -- Olympic -class sailor because of the club. I do not feel that that property should be used for commercial purposes. To have Parrot Jungle there under the Botanical Garden attraction is great, because it's a lot ofgreenery, but when you're thinking about turning it over to a developer; and from what I read -- and maybe I'm wrong -- who only has to pay $150, 000 to transfer the lease, I think is wrong. There are loans outstanding to the City and County that I think should be a part of that project, if you decide to go ahead with it. I also want someone to check -- and I don't know if this has been done -- but Article 4, Section 8.3, 8.6, 11.2; Article 12, which deals with equal employ -- equal opportunity employment, affirmative action; appraisals on the value of the property. I think there are a lot of things that need to be discussed before you vote on this, and I'm definitely opposed to it. Also, one more thing: The Beckham Bridge is not called "The Beckham Bridge"; it's called "The Humpback Bridge"for Spring Garden. So thank you. Chair Hardemon: I'm sure everyone saw that article about the -- Google named the bridge "The Beckham Bridge. " They don't know where they got the information from, but it's not "The Beckham Bridge" at all. You're recognized, sir. Hank Sanchez -Resnik: Good morning. I'm Hank Sanchez -Resnik. I live at 3259 Gifford Lane in Coconut Grove. I'm here to support RE. 9, the speed limit reduction resolution. It's excellent that you're considering this. I hope you will pass it unanimously. It's going to send a loud and clear signal that the City of Miami is starting to really think hard about how to change the culture of how people get around, and give a priority to pedestrians and bicyclists. I'm representing both Bike Coconut Grove, which I'm the founder of- and the Grove 2030 Transportation Group, I'm the chairman of that group, and we strongly support this resolution. In fact, as Erin Clancy told you, we have a resolution that -- a petition to lower the speed limit in Coconut Grove, where we have such unusual conditions, to 20 miles an hour. So it would be great if you would consider that as part of your resolution; that there might be special districts where the streets are very narrow, where there are no sidewalks, where it's dangerous to walk, bike, and justgo out in the street. So that 20 miles an hour might be a consideration for those special areas. Anyway, I thank Commissioner Suarez for introducing the resolution and hope you'll pass it. Elvis Cruz: Good morning, gentlemen. Elvis Cruz, 631 Northeast 57th Street. I'm going to open by quoting the first sentence of the City of Miami's Citizens' Bill of Rights. "This government has been created to protect the governed," not the governing. Regarding item RES, which would allow the Miami Parking Authority to City of Miami Page 14 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 take over paid parking at boat ramps in four City parks, I don't trust the MPA (Miami Parking Authority), nor should you. The MPA's CEO (Chief Executive Officer) lied to Miami Neighborhoods United, as I wrote all of you earlier this week. I filed an ethics complaint against him two days ago. Thank you, Commissioner Carollo, for your interest in legislation to protect our neighborhoods from the MPA. I urge the rest of you to get onboard, because your constituents would want you to. I know of no neighborhood that wants spillover commercial parking. Thank you, Mayor Regalado, for your request to audit the MPA's placement of paid parking zones; shine the light. Parks and libraries should be free for the public to use. The boat ramps in these parks were free for many decades. They started charging at Morningside about 10 years ago, as a passive/aggressive move to discourage the jet skiers, who have since been banned completely, but the charge remains. I was told this item was pulled from the last agenda because there were changes to be made to the agreement. I can find no changes between the last version and today's version. I met with the Parks director and the MPA's CEO two days ago. Using the City's own numbers, under this plan, the City's net income at the Morningside Park boat ramp would go down from $3,300 a year to $605 a year; and that was assuming good weather every weekend, which doesn't happen. Is it really worth this inconvenience to the public for $605 a year? The MPA would make collecting easier for the City, but this government has been created to protect the governed, not the governing. Please make itfree, as parks should be. There's a lot more I want to say about Morningside Park, but I only get a short amount of time, so let me give you some coming attractions. Asper the City Charter, I'm going to ask the City Manager for a public appearance at the next Commission meeting, so I can expound on how Morningside pool was closed for repairs all last summer; and how the restroom pavilion has been closed for want of a sewer line repair for six years. Everyone I talked with at the City is a nice guy, but that doesn't change the fact that the pool was closed and the restroom has been closed for six years. I'll be talking about demolition by neglect and the misuse of Parks impact fees. Commissioner Russell, your entre into City Hall was because ofproblems with your neighborhood park, so I'm sure you feel my pain. Recently, a large crowd of neighbors from Douglas Park came here to complain about the neglect of that park. The good citizens of Morningside want their pool fixed and open, and they want their restroom fixed and open. We don't need a new pool. We don't need a redesigned park. In the meantime, why don't we have a temporary restroom, like was done at Kennedy Park? In closing, ladies and gentlemen, there are a lot of improprieties to go around here. This City already has one Al Crespo. I have institutional memory going back to 1980 and I know how to touch type, and I care; six years and counting. Please make those boat ramps free, as they should be. Thank you. Chair Hardemon: You're recognized, sir. Raul Cernuda: Good morning. I'm Raul Cernuda, 2980 Northwest South River Drive. As an executive ojjicer of the Miami Firefighters Union Local 587, Tin here on behalf of our president, Freddy Delgado, who could not be here today, because he's in Tallahassee. And I'm here speaking on RE. 12. As an organization, we believe that this is an important resolution; however, we feel that public safety must be a priority. For example, today in the City of Miami, all of our radio systems are woefully outdated. This affects both Fire and Police. Because they are outdated, our extended warranties have reached their conclusion, leaving us without extended warrant -- I'm sorry -- leaving us without technical support or without replacement parts, because they are no longer manufactured. Therefore, our systems have reached the end of their useful life. We would be better served by pursuing Project 25, which is the new, modern, updated radio system, which is industry standard that will allow effective, clear communications between all first responders, including Police and Fire, to better serve our public. Further, since 2009, our members have seen significant reductions to our pay and benefits, to the tune of anywhere between City of Miami Page 15 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 20 to 40 percent reduction in our pay; and drastic reductions to our retirement benefits, which are life changing. We feel before this City undertakes a long-term investment, such as this bond, it should honor the commitment that it made to its firefighters in the past, and restore our lost pay and benefits. Thankyou very much. Chair Hardemon: You're recognized, sir. Geoffrey Bash: Good morning, Commission. My name is Geoffrey Bash. I live at 448 Northeast 39th Street, in Magnolia Park, and I'm here to express my support for PH. 6, the no -bid contract for Joseph Milton to construct the shoreline restoration at E. Albert Pallot Park. The City has taken over a very longtime; 10 years that I've been behind the effort supporting our shoreline restoration there. The City has actually taken too much time to make any improvements, and that's why I'm supporting PH.6. Also, I will ask that you please make every effort to align both the north end of the new seawall and the south end with the existing seawalls already at both ends of the park. The current design is -- provides for a very blunt, 90 -degree angle at both ends that will continue to collect garbage, which is the major problem that we have with the shoreline now. And Commissioner Russell, I believe, is up to speed on the challenges with that, so any effort that you can make so that we can get the seawall built to the best possible -- do it the right way -- is very much appreciated by the community. Thankyou very much. Chair Hardemon: Thankyou, sir. You're recognized, sir. Samuel Latimore: Good morning. My name is Sam Latimore, professor. I'm here in a dual role. The other evening, we had a meeting at the Hadley Park Homeowners Association, where the community police investigative unit was there, and we were talking about the AR -15 or the long wep --rifle. And I heard some discussion about -- which concerned me, and that is that discussion that many people who are opposed to that weapon really don't understand law enforcement and what they're used for. I am here as a criminal justice professor, a police trainer, and after 45 years, to say I am recommending that you adopt RE.1 and the purchase of those weapons. Police are confronted with an incredible amount of weaponry on the street, very sophisticated weaponry. And as a former police officer; as a police firearms instructor, I can tell you that those weapons are needed, and I would encourage you to look at what our police officers need to protect themselves, to protect the citizens. And as a professional, criminal justice professional, I'm here to tell you, support that. Police officers need that kind of protection in today's urban environment. Thankyou very much. Chair Hardemon: Thankyou very much, sir. You're recognized, ma'am. Renescha Coats: Hi. My name is Renescha Coats. I'm here to speak on RE. 12. Sorry. It's just like frustrating to come here all the time and seems like you guys are concerned with other things besides people's lives and people being uprooted from their homes. My best friend, she's being evicted; I'm being evited; my neighbors are being evicted. They're buying up all our property. They're pushing us out, and no one cares. I just don't think that at this age, we should be fighting for fair housing, and we should be fighting to live normal lives. We're not bad people. We work. It's just not fair that you guys are thinking about everything else; thinking about parking; thinking about speeds and that you -- speed limits that don't even apply in our neighborhood, because they run through them anyway. And people are being uprooted from their home. I might not be here next year. I might not be here in the beginning of this year. I'm being forced to leave. Chair Hardemon: You're recognized, sir. City of Miami Page 16 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Albert Gomez: How you doing? Strong message. Albert Gomez, 3566 Vista Court. I'm here to talk on BC. 17 on limits for the Sea Level Rise Committee. I think it's important. I know some of the people on the Sea Level Rise Committee. I respect them all, but I know that there's also a lot of new ideas. I'm a proponent of natural systems. I've seen some of the storm water master plans, and the plans on modifying certain things to bring them up to speed with sea level rise. And I don't see the importance of using natural systems as a solution for that, so I'd urge you to set a limit that's relevant so that you can convert the committee members in a expeditious fashion if they're not aligning with best practices. Now, I also want to thank the Commission. I'm bringing a resolution forward to the Commission, and you've been open for it. I've been working in Haiti for the last six years. And Haiti is suffering right now, after Matthew, and you guys have been open to do so. We've coordinated with 87 Mayors in Haiti, and they all have agreed to put a resolution together within their central government. And I've met with Harvey Ruvin from the County; and Jim Murley, as well, from the Resilience OjFce; as well as here with the Commission, and everyone has been open to receive it. I think it's going to be an important move and it might change the face of Haiti; and in turn, connect this great City to Haiti more closely. Thank you very much. Javier Ortiz: Good morning. My name is Javier Ortiz, president of Fraternal Order of Police, 710 Southwest 12th Avenue. Regarding RE. 1, we're obviously in support of the AR -15 rifles. I just want to ensure that the Commission -- they're going to be used correctly. We haven't had any incidents with the AR; as well as, we have one of the strictest gun policies in the United States when it comes to use offorce. We'll be following the same policies. I'd like to thank the ACLU (American Civil Liberties Union), which I rarely can say that we actually were able to partner up on this. Commissioner Francis Suarez did an outstanding job in getting us together and working out on this policy. I also want to thank Chief Llanes, as well as Chief Jackson on that. RE.2, regarding the body -worn cameras, the Fraternal Order of Police is in support of the body -worn cameras, as long as we negotiate on that, as far as the terms and conditions of how they're going to be used. One of our biggest concerns is money, how much money is going to be spent on them, the recurring cost that we're going to have every year; and just the privacy of our police officers when they're in a capacity of -- they're on a phone call, or if they're using the bathroom, things like that. So I'm sure it's something that it will be able to be worked out. And the last thing is RE. 12, regarding the Marine Stadium. I -- you know, I want to support our brothers and sisters from IAFF (International Association of Firefighters). You know, you guys are working on their union contract. I hope that you'll give direction to management to free up some more dollars. You know, our retirement has been affected drastically. We share the same, you know, retirement system, and it would be nice to start seeing some reasonable changes to that. Also, I also represent our health trust, the Fraternal Order of Police Health Trust, which has done very well. I know that the IAFF is looking at starting a health trust. I understand that part of the reason why the City doesn't want to allow the health trust to start their -- I'm sorry --for IAFF to start their own health trust is because all of those members support all the other sick members throughout the City, which would increase the premiums. So I ask for you guys to really think about that. We've been extremely efficient. We've been able to save the City money. It's been a great product for our brothers and sisters; not only active and retirees, but it's something that I hope you'll consider for them. Thank you. Grady Muhammad: Good morning. Grady Muhammad, president of Miami -Dade First. Commissioner Gort: Excuse me, wait a minute. Chair Hardemon: Before --yeah, before you move on. City of Miami Page 17 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Commissioner Gort: You're discussing RE. 127 RE. 12 is a little different. Mr. Ortiz: RE. 12 is on the Marine Stadium. Commissioner Gort: Sorry. Mr. Ortiz: Well, IAFF also talked about the -- our radio system, which is falling apart. Commissioner Gort: Okay, fine. Mr. Ortiz: I know the Manager is working on that, and we're trying to get it together. Thank you. Commissioner Gort: Thank you. Mr. Muhammad: RE. 16, the trans -- reference to the Parrot Jungle transfer. This loan was given out from '97, but at the end of the day, with the 25 million Federal dollars, for every 35, 000 you get -- create a job. That would have been 714 jobs. Parrot Jungle has never created these jobs. And now -- and there's been no penalties. That loan was 1997. Here we are, almost 20 years later. Now, they going to transfer the loan to another corporation. The jobs was never created. The benefits for the residents was never done. Now we're going to just let them transfer the money, but where is the benefit for the residents? Where is the penalties for not creating the jobs that they were supposed to create? According to the Federal Section 108 loan, every $35, 000 you get, you got to create a job -- oh, for every -- yeah --for every $35, 000 you get, you got to create a full-time job. They got 25 million. That would be 714 jobs. They originally tried and the City Auditor busted them, because they were trying to use -- every vendor that service them, they was counting those employees as the employees that they own. IfI go to McDonald's and I buy some coffee, I can't account employ -- McDonald's employees as my own because I shop there, but that's what Parrot Jungle was doing. They was using every vendor as their own. And then, they have another 21 LLCs (Limited Liability Companies). As former director Alice Bravo said, "Mr. Muhammad" -- I said, "If it goes belly up, we snatch the birds, the Bengal tiger and everything?" She said, "Mr. Muhammad, they don't own the birds nor the Bengal tiger. They have 21 corporations, LLCs that owns those birds and the Bengal tiger. " We still going to snatch them, because our money is now going to be transferred over; but where is the penalties for lack of jobs? We're talking about $15 an hour and all of those things, but this is a 20 year deal, and it would not -- because there was never any -- quote/unquote -- "slum and blight. " That's prime real estate land. No one ever lived there. Therefore, I don't know how we even created a Section 108 for prime City of Miami -owned waterfront land, and nobody ever lived there. That's one of the requirements for slum and blight; the removal. There was nobody there, and that was prime City of Miami -owned land. But Mr. Manager; Commissioners, I want to know how we're going to ensure -- since those jobs was not created, what penalties Parrot Jungle and Island Jungle going to have to pay for lack of creating those jobs? Thank you. Chair Hardemon: Thankyou, sir. You're recognized, ma'am. Johanna Brown: Good morning. My name is Johanna Brown. I live at 4360 Ingraham Highway, in Coconut Grove. And it's a good day to be here. There's a lot ofgreat things on the agenda. I'd like to just express my supportfor the -- RE. 9, the decreased speed limit, to help protect the safety of all the residents in low-density residential neighborhoods. Also, SR.4, the increase in the living wage, I think that's City of Miami Page 18 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 a great, great item on the agenda, and I support it, as well, and I hope you do, too. Also, I want to express my support for RE. 12, the Marine Stadium, issuing a bond for that restoration. That will add an added attraction, and it's a good thing for the City. But I also want to just address what the speakerfrom the West Grove just brought up, and said very eloquently that we are thinking about a lot of different things for the City, but we're ignoring a pretty immediate and a pretty serious issue of housing for low-income%xtremely low-income people in the West Grove. And we have a lot of smart people in this room, and I think it's time that something -- and I don't know if it's in the form of a bond or a public-private partnership or -- Some effort needs to be made to do something about what's going on in the West Grove, because this community's been in this City longer than, I think, most. And these people, as she said, are hard-working, good people, and we need to help them. We need to put our heads together and try and figure it out. And I think that's all I wanted to say. Thank you very much for your time. Chair Hardemon: Thank you. You're recognized, sir. William Wallace: Good morning. My name is William Wallace. I live at 3655 Percival Avenue, and I'm here to speak in regards to PH. 10, as it regards to funding towards the Start Program. I'm very familiar with the Start Program. I think it's a great thing in terms of educating those who don't have the same resources that many of the people in this room have been given. I'm all for that. With that said, I don't think it's a "this or that. " I think that there is a need, like Ms. Renescha said, in the West Grove. If the attention is not given therefor housing, there would be no need to educate people, because there will be no people in the West Grove; not like we know it. It's the oldest neighborhood in Miami. There will be no people. And we, as citizens, have a responsibility to stand with all humans. And the City and the County has a responsibility to protect a Federally protected historic black neighborhood, who's been walked over for hundreds of years. I -- There has to be a stand. It's -- Ken, it's your stand. Francis, it's your stand. You guys have to stand up. You can't just say with words; you have to make action. Right now, if you look at extinction of a neighborhood, right now is the ice age moment. If you don't act now, this is the moment that people will remember, when the Grove was extinct. Even though it's been happening for 30, 40, 50, 60 years, right now will be the moment, because 80 units may be without a home come January 1. Thank you. Chair Hardemon: Thankyou, sir. You're recognized, ma'am. Julia Dawson: Good morning. My name is Julia Dawson. I live at 1701 Southwest 4th Avenue, in Miami, and I'm here to speak on Resolution 1, regarding the purchase of additional AR -15 assault -style rifles for the Police Department. The reason Chief Llanes has given for this purchase are two. Number one, the bad guys have them, so we need them, also. And number two, they are needed as part of the new protocol for responding to active shooters. The examples being given: The shooting in Orlando at the Pulse Nightclub this year; and the San Bernardino shooting last year. Keep in mind that the Police Department already has 100 such rifles. Chief Llanes says there are 380 officers in the patrol force, so almost one-third of the officers on patrol already are carrying one of these rifles. Most people don't know what constitutes a mass shooting, and databases ofpast mass killings count such instances differently. But the most referred to database is kept by the publication, Mother Jones, whose figures have been corroborated by the FBI (Federal Bureau of Investigation) and tracked mass shootings from 1982 until the present. Mother Jones defines a mass killing as, "A killing of at least four people in a public space, such as a movie theater; school, in which the motive appeared to be indiscriminate killing and excluded mass murders that stem from robbery, gang violence, or domestic abuse in private homes. " In 2013, the definition was changed from four to three deaths, and does not include the perpetrator among the victims in cases where City of Miami Page 19 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 they died at the scene. According to research by Mother Jones and corroborated by the FBI, the more narrowly defined mass shootings have grown more frequent. Where it is known how the guns were acquired, they were overwhelmingly acquired legally. 600 people have been killed in mass shootings in America since 1982. But people killed in mass shootings make up less than one half of one percent; one half of one percent of the people shot to death in the United States. More than half of gun deaths each year are suicides. It's important to know that a killer wielding a multiple magazine assault rifle is the exception. The majority of the weapons used by these individuals are handguns, and the majority of those handguns are nine millimeter semiautomatic handguns, which are similar to the handguns already carried by police officers, and show up more than any other weapon in mass shootings. So the Miami Police Department is already carrying the weapon that they're most likely to encounter in a mass shooting. And with 100 rifles already available at any one time in the patrol force, if properly deployed, they should be able to respond quickly to any mass shooting incident. So this resolution is asking to spend $100,000 to more than double the number ofAR-IS assault rifles with the Police Department on the remote possibility that there will be a mass shooting in this area. The $100,000 would be far better used to address the inevitable and not the rare, and that is officers encountering a person with mental health issues, rather than the possibility of a mass shooting. Additional training and expertise in responding to persons with mental health issues has the real potential to save lives. We have seen the deadly result of persons shot by police when officers have not responded properly. While some training for such encounters has been implemented in the Miami Police Department, there is much more training that needs to be done in this area. So I urge us to spend our money more wisely on the probable and not the possibility of a rare occurrence. Chair Hardemon: Thankyou very much. Ma'am, you're recognized. Cherry Smart: Hello. My name is Cherry Smart. I live at 210 Florida Avenue, Coral Gables. I'm on the west end of what's known as "The Black Grove. " I'm here to support PH. 10, but as Mr. Wallace was saying earlier; why fund a program when there's going to be no children to educate? I'm here to support my neighbor; Renescha Coats, and all of my neighbors who live on Grand Avenue and other areas of Coconut Grove that are being developed with no concern for where these people are supposed to go while encroaching development destroys their community and brings them to the point of extinction in this community. What is happening in West Grove should cause you all to be ashamed. It seems that any community that is not black, you can rally around. There is no place for these people to go. There is no place that they can afford. They are working minimum -wage jobs and barely making it, living in this part of Coconut Grove. This is shameful. It is your most historic, oldest part of the County, the oldest community in the County, and you're allowing greed to cause the extinction of the descendants of the first Miami residents who built most of this County. You have known what's happening for years, and we've heard promises, promises, promises, with zero action when it comes to low-income housing. Allowing them to live in deteriorated buildings with no Code enforcement being done makes it look as though you are in cahoots with developers to make black residents leave. Thankyou. Leroy Jones: Good morning. Leroy Jones. I'm in support of the jobs item, $15 an hour, living wage item. I'm also in support of the RE. 7. I just want to say, about the RE.1 guns item, it's like it's trouble (UNINTELLIGIBLE) to me to -- and I want to say this: It's no reflection on any one police officer. I'm concerned about who's going to have these guns. We're concerned about who's going to have these rifles. What area they going to be for? When you talk to people who live in our neighborhood, they think these assault ries is going to be put in police cars that's going to be trolling -- patrolling the African American community; that's what they City of Miami Page 20 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 feel. You know, the training -- you know, I heard that once a police officer take the mental training that they need to take one time, they don't have to take it anymore. I don't know how true it is, but imagine being a police officer for 20 years, only had to take training one time, and now you're going to be able to pick -- you're going to be the one who have the authority to say, V want one of these assault ries in my car. " And, you know, I was a big supporter -- I was a person that said, "You know what? It's the training, it's the training, it's the training, it's the training." But want to say this, and I can say this will all fairness, without people thinking I'm racist. I want to say this: Is that in my daily work, I help people in all ethnicities in Dade County, from Miami Beach to Miami Gardens to Florida City to Kendall to Little Havana, all over. So I think I can say this without people saying I'm being prejudiced about it. When you look at the training, black officers, white officers and Hispanic officers take the same training; same training, nothing different, the same training. Black officers are not killing people. Black officers are not the ones who doing the killing. So it's not the training. It's the heart. I'm concerned about thatperson who heart is in the wrong place that's now going to get an assault rifle to come into the community where I live, because none of it's being indicted. We got people being shot in the back, unarmed. Not one police officer spent any time in prison for that. And so now we fixing to give them assault ries? More assault rifles, when they already got some; they sitting in the car now. We fixing to increase it. So this not an attack on the Chief, because the Chief we got now is far better than the last Chief we had -- well, not the last Chief- the Chief before that; not Orosa. Orosa was a good Chief, so Tm not talking about him. I'm talking about that other one. Commissioner Gort: You're going back two, yes. Mr. Muhammad: Right. Commissioner Gort: Okay. You're going back. Mr. Muhammad: So it's not a reflection on Chief. I wouldn't -- it's no way I could not come here and speak how I feel about this incident when I'm afraid we going to have officers that got some mental issues with these assault rifles in our community. And you know what? If you want to deal with the real problem, here's the real problem -- and I know it's a tough issue, but we can find a way to deal with it: Every police officer know a police officer that should not be a police. Let's get rid of the bad police officers. Every police, I'm telling you, know a police that's on the force that should not be on the force, but we can't get rid of them. Let's get rid of them; that's the problem; it's not having more assault rifles. You know, I want to close with this: You know, I know the way -- this is my personal opinion -- that the idea is going to be sell -- sold on if you don't pass this item that you soft on crime. But we not really having no real crime here. Yeah, we got some young guys running around with assault rifles that we need to deal with. How they getting the assault rifles? They sure ain't walking in the store buying them. Who selling them to them? Let's go after who selling them to them. Let's go after who buying them for them. Okay? Let's get these bad officers. So our Chief, who trying his best to do a good job, can't get rid of these bad officers. They protected too much. So I don't know if your mind made up or not yet, but I walk in the County -- when you go into the County on the first floor, they got a officer there with a assault rifle, and that's scary to me. And let me tell you, when these killings take place, the people ain't saying, "Hey, I'm firing to go here and kill people, " so the police can go there with the assault rifles and be ready. You ain't going to know. And my closing thought: Check the record. Most of the people that's shot by these assault rifles are not the intended person. And why you think that? Because they can't control them, the weapons. They got so much -- a power kick. Usually, the person that's shot by these guns are not the person who that person is trying to shoot. Check the record. Look at Charles Kinsley in North Miami. A trained officer, was on a swat team, was a professional shooter; was a City of Miami Page 21 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 marksman, said he was trying to shoot a autistic man, but shot Charles in the leg. A trained officer on swat, expert shot man -- shot -- shoot -- shooter -- marksman/shooter say he shot the wrong person. We don't need these assault rifles in our neighborhood, because, I'm telling you, that's what they for. They not going to be used in Coral Gables. They not going to be used on Brickell. They not going to be used in those communities. They for people of color, black and brown skin, and maybe some Hispanic neighborhoods, as well. Okay? But they already armed with what they need. ChairHardemon: Thankyou, sir. Mr. Jones: Thankyou. Esther Knicely: Good morning, Commissioners. My name is Esther Knicely, and I live on 3331 Florida Avenue, Miami, Florida 33133, over in the West Grove. I'm here to talk about -- in support of living wage, as well as PH. 10. And I just want to echo some of the comments that some of my friends here made today, and neighbors, Renescha, Cherry, William, and many more who are here for this cause. I do think that the Start Program is an important program for low-income families, and also that there should be a living wage. But I ask you, how? How are these things going to move forward when we will not have any more low-income communities in Miami, because of the housing -- current housing crisis? The City has not done any favors for its black communities. As some of you may know, the segregation wall is still up in certain parts of the City; particularly West Grove over here, that marks the history that has been happening against these neighbors. The City of Miami represents and should represent all of its constituents. I think that there are a number of houses -- I mean apartment complexes -- on Grand Avenue that families who benefit from the Start Program, who benefit from the idea of living wage live there. And like Cherry was saying, it looks like you guys are in cahoots with the developers if you don't do anything. And we will continue to come forward and to speak our mind about these issues until something is done. And we've heard a lot ofpotential promises for affordable housing, but we need housing for low-income families, and we need housing -- emergency housing for people who are being evicted by developers who've had liens on their apartment complexes, and they haven't been foreclosed on. So I just wanted to bring those issues to the forefront and say, you know, the living wage does need to be raised, butpeople are getting to the point where the living wage is going to have to be, you know, $50 an hour for it to be possible to live here with the rising housing costs. So I urge you to look inside your hearts and to hear the voices of neighbors that have come out for this housing crisis that has been going on, where people are being pushed out, and it's happening all around the country with gentrification. And you say development, but it's only development for certain kinds ofpeople; people with money; and a lot of white people, like myself. But we need to help out our black brothers and sisters, our Hispanic brothers and sisters, who are not able to afford living in this City anymore. So, hopefully, this is a wake- up call. Thankyou very much. ChairHardemon: Thankyou. Cecilia Stewart: Good morning. Cecilia Stewart, 1899 Northwest 1st Court. I'm here to speak on RE. 1. We, the Overtown Neighbors for Environmental Health and Safety, are opposed to the purchasing of new assault rifles for the Miami Police Department. The military style ofpolicing is not good, because it polarize the relationship between the citizens and the police. I attended the Open Mike youth event at the Overtown Performing Arts Center. A spoken word -- which I've given you the poem -- entitled "Bullets, " by AA Tone, expresses the thoughts and sentiments of our youth. Please note, in stanza one, quote: "Bullets never loved us. Bullets released from our protectors, our crime stoppers, our neighborhood City of Miami Page 22 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 watchers, our nemesis. I'm safe, I thought, 'cause I learned that" -- "'cause I learned them bullets never loved us, " unquote. Community policing is the better way. The policing system needs to be reformed to correct the errors. We can start by investing our tax dollars and changing the name of the Law Enforcement Officers Memorial High School, located at 350 Northwest 2nd Avenue, from "Warriors" to "Enforcers, " which denotes officers enforcing the law as a good faith effort towards embracing community policing. A prime example of community policing occurred during the week of October 13, when a mass murder plot was spoiled at the Coral Springs High School. Three students alerted the school resource officer about a gun on campus, which ultimately prevented an active shooting situation. Weapons of war have no place on our streets. Community policing is the better way, because it works. Thank you. Chair Hardemon: Thank you. You're recognized, ma'am. Liza Smalls: Liza Smalls. I'm hereto represent P.10 -- P1110. I don't live in low rentals, but I have people that stay in the low rental, and I'm here because I'm protesting, and we out there protesting in the streets, try to get these folks -- and my heart go out to the kids, because I have kids of my own -- I got 43 grands -- and it might hit me next, and I'll have to move out, because I do live in, you know, Section 8 housing, and that's why I'm here protesting -- working with them. So anyway, every place we go, they run us off the streets. We can't protest to try to help these folks, to try to get them in a low place -- low -rental place. And we moving from here to here to here to here, and we go here, they run us; go here, they runs us. And so, I'm tired of running, because my foot hurt. So anyway, we was here to try to get some of y'all to tell the officers to lay off us, because we there to try to help the peoples [sic], you know, and try to keep them in they place, or get them a place to go where they could afford; not outdoors with the kids, because a lot of them have a lot of kids. And I know I got kids, and my heart go out for kids; and anybody that have kids, they heart should go out for kids. So I'm here supporting them. (UNINTELLIGIBLE) the rest of you. Thank you. Chair Hardemon: Thankyou, ma'am. You're recognized, sir. Steve Wernick: Good morning, Mr. Chair, Commissioners. Steve Wernick, address at 2501 Swanson Avenue. I'm here on RE. 12, Miami Marine Stadium, in my capacity as the chair of the Waterfront Advisory Board. Unfortunately, we did not have a quorum at our last meeting, and so did not hold a thorough hearing or make any formal recommendations earlier this month on the item, but we did in January pass a motion to make the restoration of the Miami Marine Stadium a priority, and to encourage the City Commission to look for funding, and move forward with some action plan to bring that wonderful facility back to life. And so, I just wanted to add that into the record, and we lookforward to seeing some improvements to the Miami Marine Stadium to come, and thank you for everything you're doing. Chair Hardemon: You're recognized, sir. Thomas Kennedy: Hello, Commissioners. Ilive in 2398 Coral Way, Apartment 3, Miami, Florida 33145. So I wanted to speak, because after the State of Florida has decided to raise the minimum wage from 8.05 to 8. 10, I was out here, standing in front of this building, at a press conference attended by Congresswoman Ileana Ros- Lehtinen, State Senator Anita Flores, State Senator Jose Javier Rodriguez, and Commissioner Ken Russell, calling for a $15 -an -hour minimum wage. It's no wonder that Republicans and Democrats are standing together; because a whole five cent minimum wage increase in the State of Florida is, frankly, an insult to Floridians. It's a slap in the face to working-class families that live here. So you, as the Commission of the City of Miami, have a historic opportunity and a City of Miami Page 23 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 responsibility, really, to the working-class people of this City to provide a way for them to afford living in a city that sees its cost of living increase year after year after year, with wages stagnating. I mean, I've lived in minimum wage, and it's not easy. You know, I struggle to pay my bills. I struggle to put food on the table for myself. I can't even imagine what it is to a family of two or three. I mean, we got to do something about this. So, please, I ask you that you guys support the living wage ordinance, and I also want to stand in solidarity and in opposition to the development of Coconut Grove; and against the assault rifles for police, because I don't think that's where the money should be allocated. Thank you very much, and I hope you guys continue working for families herein the City of Miami. Thank you. Todd B. Hannon (City Clerk): Chair, can I get the speaker's name? Chair Hardemon: Sir, can you repeat your name for the record? Mr. Kennedy: Sure. Thomas Kennedy. ChairHardemon: Thankyou. Kathy Parks: Good morning. I'm Kathy Parks; live at 4035 Battersea Road, Coconut Grove, and I'm here about -- to support the Start Program, and also to advocate for West Grove, and to see and to ask for you guys to stand up and stop the insanity. These people need a place to live, and there's nowhere to go. I know you guys are probably sick of seeing me, too, and I'm tired of beating everybody up over this. I know Ken's heart is in the right place, and I know how Ken feels about this, and I know what he wants, and I know what we want, I know what we need, but we got to stop these developers. I know Overtown's getting what they need, and I know we are wiping out a historical community, and I'm not sure I understand, because I'm older than all you guys on the dais, and I grew up at a time where I thought segregation was illegal. My parents taught me that we were all the same. And I'm just trying to figure out why we're pushing people into certain neighborhoods and we're pushing out a historical community that we just -- and we're mowing down historical homes. But on my side of the wall, we're trying to preserve those historical homes. And I want to thank my neighbors, who I stood up against for Battersea Woods for coming out today, and standing up for the West Grove, and wanting to help, because we really needed some extra -- some more new soldiers. So if you guys could really do something about the situation, which I think you can, to stop this overdevelopment -- we're doing it in the other parts of the City, and we're doing it in South Grove, and I know that it's -- Legion Park is fighting their situation and they're --jumped on it right away. This is a historical community. These people are different than any other place in this country, any other place in the State. I don't understand how they're being mowed down and just wiped out. Its like Jurassic Park over there. We've got to do something, and we've got to do something now. Its Katrina over there. We have nowhere to take them. They're going to be in the street, and they're going to be in the street any day now. Please, guys, we need your help, and we need your help like yesterday. Thanks. Chair Hardemon: You're recognized, ma'am. Kristy Wallace: Good morning. My name is Kristy Wallace. I live at 117 Frow Avenue, on the Gables side, but we're all considered the Grove. And I'm speaking on the living wage, and then also on PH. 10, the Start Program. I know many youth in my community who've benefited from the Start Program, but my major concern is that the youth who are benefiting from the program are not going to be there. With the toxic brand of development that's happening in Coconut Grove, it's pushing out the historical families who have been in the Grove since the beginning. This is a historic neighborhood, the first residential neighborhood in the City of Miami, and it City of Miami Page 24 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 deserves to be protected by our elected officials. And so, we're here because we want to make it known that we don't want to leave quietly. We don't want to let our neighbors down; we want to stand with them. In the seven years that I've lived in the Grove, I've watched as development has come in and it squeezed on both sides of our community. And in particular, the housing crisis right now is -- I mean, it's all over Village West, but in particular, it's most urgent right now on Grand Avenue, where people are receiving wrongful eviction notices, and they're paying their rent. Their landlords are not fixing the property damages; raw sewage in the courtyard where children play. I mean, come on. These landowners need to be held accountable for the ways that they are not serving their tenants who are paying their rent. And they're hard-working people, and we just want to ask that our elected officials would stand up and hold them accountable, you know. Foreclose on a property that should be foreclosed on. Yeah, so I just wanted to say that. Thank you. Chair Hardemon: Thank you very much, ma'am. Ma'am, you're recognized. Henrietta Ricketts: Good morning. My name is Henrietta Ricketts. I'm the community organizer for West Grove. I'm here on behalf of SR.4. We are so grateful that you are here, just to take the time to listen to us this morning. Most of us live below poverty level. The amount of money that we make is hardly and barely enough for us to even feed our families. We work very, very hard, day by day, trying to just make ends meet, to take care of our children, to take care of our grandchildren, to take care of our parents, our sisters, our brothers, our loved ones. We ask you this morning just to consider and vote on our behalf to increase the minimum wage. Help us to be able to live comfortable, to be able to pay our bills, to be able to live stress free, as our counterparts in New York, Seattle, Pennsylvania; some of the states that this law has been passed. We encourage you to continue to support us in our endeavor. Thank you for your time. Chair Hardemon: You're recognized, ma'am. Hannah Curry: Hello. My name is Hannah Curry. I live at 117 Frow Avenue, in Coral Gables. Ilive in what's considered the West Grove. I am here today with my friends and my brothers and sisters, in solidarity and supportfor my neighbors in the West Grove. And I'm going to speak on --in regards to RE.12. I was just reading through it, seeing that it's talking about $45 million for the Miami Marine Stadium to do refurbishments, renovations, or whatever it is. And I was sitting here, thinking, if there is that much money to spend on something like a stadium, how is there not money to spend on putting families and people in safe housing? People are being kicked out of their apartments, out of their homes, and don't have a place to live; have children, have families, and they're not being taken care of. So there has got to be some way, some sort of money, some sort of emergency housing that can be given to these residents of the West Grove, if there is $45 million to put into a stadium. So I just beg you and I implore you to listen to us, to listen to what we're saying today, and to help; to actually do something. Thank you so much. Chair Hardemon: You're recognized, sir. David McDougal: Yeah. My name is David McDougal. I live at 4231 Northwest 11 th Place, and I am the organizing director for the New Florida Majority, which is focused on building the voting power and political influence of Miami's low-income communities. I want to speak today on SR.4, but I want to start by saying I was very pleased yesterday to receive an email from Jane Gilbert. I often receive emails from her, but this time, it was addressed from Jane Gilbert, Chief Resilience Officer of the City of Miami, and I'm very -- extremely pleased that she's been moved into that role. We've done a lot of work in our neighborhood forums that we've conducted in neighborhoods all over the City of Miami and countywide, and Jane Gilbert has City of Miami Page 25 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 been at our side as we've done those neighborhood forums with the Kahlil Institute, New Florida Majority, and the Miami Climate Alliance. We're also very pleased that Kilan Bishop has joined the Sea Level Rise Committee. Having an outspoken representative for the riskfaced by low-income communities is extremely important as we try to address this epic crisis; that I'm so pleased that we have the right leaders stepping up. In our work in all the different neighborhoods that we work in, wage is absolutely central, and I'm so pleased that we're in the second reading phase and that the first reading of SR.4 passed unanimously, and I hope that we can have the same level of support at this second reading, and that we can join countless cities across the country, and states, in standing up for the wellbeing of our children and our families, especially families where the parents are working two, three jobs, and still not getting by. Thank you so much for your support for this very important initiative; much appreciated. Chair Hardemon: You're recognized, sir. Thaddeus Scott: Yes. My name's Thaddeus Scott. I live at 3794 Florida Avenue, in what's known as Village West Coconut Grove, here speaking on item PH 10. I know the founders of Start. I support the Start Program. I believe they do a wonderful job of tutoring our kids, keeping our kids safe, empowering our kids, but I'm a little concerned about them having kids to tutor. I'm a little concerned about them having a place to exist or a reason for existing. And who will they exist for if what's happening in my home continues to happen? I'm also -- like you guys, I'm an elected member of this community here. I sit on the Coconut Grove Village Council. And as items come before the Council pertaining to Coconut Grove, to me, the most pressing item is the survival of my community. To me, the most pressing item is the longevity of a heritage that founded -- that started all of this. To me, the most pressing item is when people come up to me and askfor my care, for as much as I can do to ensure that they remain in that community. And these people are my friends, they're my neighbors, they're my relatives. I love them like I love all people. Yes, the Start Program is a wonderful program, and I support it 1, 000 percent. And all that you can do, yes, do for them. But I also implore you, all that you can do to help my community remain intact, away from these boxes who are removing homeowners, and also from the actions that are taking place on Grand Avenue, who're moving people, who, through no right of their own -- through no fault of their own are being removed from this community, and they want to stay in this community. It's the safest community, in spite of all that you may hear, it is the safest community that's in the City of Miami. Thank you very much. Chair Hardemon: Thankyou, sir. Ma'am, you're recognized. Kathryn Villano: Kathryn Villano. I live at 2453 Inagua Avenue, in Miami, and I want to speak to express my support ofRE9. A lot ofpeople -- my neighbors from the Grove have mentioned their unique situation with narrow streets and cut -through trajjic, butt wanted to make a quick observation that I have made both in West Grove, and also in Overtown, where I am weekly at Lotus House: That people in lower-income neighborhoods spend a lot more time on the street. There's a lot more pedestrian traffic, a lot more kids walking to bus stops, there's a lot more people on bikes, and I just wanted to make that observation that lowering the speed limit is going to be great for all of Miami, and not just Coconut Grove. Thank you. Chair Hardemon: Thankyou,ma'am. You're recognized. Renita Holmes: Good morning. Madam Holmes, executive director; Women's Association Alliance Addressing Injustice and Violent Epidemia [sicj for over 37 years in the City of Miami, Miami -Dade, providing education, advocacy, support and direct referral. I am also coming to you as a citizen of District 5, a very tired City of Miami Page 26 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 leader when it comes to dealing with certain issues that seem to have been disparately unaddressed. And then in the agenda today, and in the interest of time, SR.2, PH 10, SR.1, and BC5. In my looking at the trends and patterns of how we apply community policing versus community -oriented policing leaves me feeling that we still haven't gotten the message that we all have the power and we all have play, and there's value in human capital. So when we allow folks to be moved out because it seems that poverty is a crime, and we want to address it more with providing military policing of people who are moving and/or which -- I know my grandfather, Mr. Calhoun, one of the first officers out of the City of Miami Police Department, a veteran, you know, Air Force, Marine served, but, you know, he constantly giving his life back and his service back to a community now where his children cannot afford to live or they're consistently moving. So we give a balance of more guns in a disparate place, where children are shot, where they have no space, and where the land is slum and blight, and so I ask you to please place the equity and the priorities in this. If we take BC5 and we appoint more stakeholders, we're able to show our power as first responders. And as the creator of the -- in closing, as the creator of the Assertive Project, which is a strategic community emergency response to intervene on violent epidemia, now we're doing the community -oriented policing our dear Chief Llanes wants to do. It's a big difference. And if we would put more resolutions and more programs or the money like I see that have been given this monies, 10,000, 5,000, it does not equate to the damage ofpoverty and the cause of crime that losing millions of dollars in social service funding and housing funding can say that we have justice in the way that we're applying it right now. So I applaud you in your efforts, but I ask you to take a balanced equity and fairness in putting more of the anti poverty monies into that, utilizing community -oriented policing strategies that have been proven and adopted by Miami -Dade County, following best initiatives, and give us the opportunity as landowners and neighbors to be the first responders; and then, we'll call the police and they don't have to show up with guns, and then we can help save them, too. Thankyou very much. Chair Hardemon: You're recognized, ma'am. Kristin Hart: Good morning. My name is Kristin Hart. I live on 3334 Charles Ave., Miami 33133. A lot of "3s" in my address. I'm here to -- this morning to talk about ER. 12 [sic], the redoing of the stadium, and to have millions of dollars put into something that promotes entertainment while people have no place to live, no place to rest their head at night, mind-blowing to me. I'm all about bringing people together for community, and sports is one of the ways that we do that, but if people have nowhere to sleep and to live, then it doesn't matter what kind of sports we have in our neighborhood, in our communities. So I'm here in solidarity with my neighbors, who are being evicted on Grand Avenue, who have no place to live, no low-income housing in our neighborhood. And the money is there. The money is there, the passion is there. Something needs to be done so that people have housing in the neighborhood where they've grown up, where they've spent generations. I can't imagine having someone come to me and say, "You need to leave this neighborhood that you've called home for decades, " and that's what's being done to our neighbors. So please listen to our voices. I'm sure you're sick of hearing us this morning, but we will not be silent until something changes. We will not stop talking until our neighbors have low-income housing in their own neighborhood. Thank you. Chair Hardemon: Thankyou very much. Sir; you're recognized. Daniel Suarez: How you doing, guys? How you doing? Daniel Suarez, 2340 Southwest 16th Court, Miami, Florida 33145. I'm a panel member on the Civilian Investigative Panel, which you all know is the oversight board of City of Miami Police Department. I have two concerns: RE.], RE.2. RE.2, I'm happy and excited City of Miami Page 27 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 about, which is the body cameras, which I think is much needed. Currently, there are 84 body cameras that are on the streets deployed. They're worn by the PST officers --Problem Solving Team --and by the motor [sic] maid. The problem is we didn't know about that until about two months ago. We didn't know who wore them. We just found out by City Attorney's Office who are the officers that are wearing those cameras. That's very importantfor investigation purposes. Moving forward with this purchase, it'll be great for this Commission to know -- and back us up with this -- that the CIP (Civilian Investigative Panel) is heavily involved and -- where the body cameras are being deployed, how they're being utilized, and who's downloading them. One of the concerns we have -- and it is being addressed -- is that some of the cameras have not even been downloaded for over a year and a half; that's a bit of concern. Are they being utilized? All you have to decide. RE.1, rifles, I notice the department has many, many, many rifles on the streets already, inside the trunks of many officers. I support the rifles. What I don't support is that the policy is very flawed. Our panel didn't have adequate time to review that policy, the revision. I wish that the department will take a step back, allow the Civilian Panel to oversee that policy. Vice Chair Russell: Which policy? Mr. Suarez: The policy for the rifles. Vice Chair Russell: Yeah. So The SOP, standard operating procedure on carbines? Mr. Suarez: I'm sorry, I didn't hear you. Vice Chair Russell: The standard operating procedure -- Mr. Suarez: Yes. Vice Chair Russell: --or the purchase? Mr. Suarez: It's the departmental order on the policy for the rifles -- Commissioner Gort: The standard procedures. Mr. Suarez: -- how they're utilized, where they -- and where they're kept. The panel is supposed to, by Charter and by ordinance, to over -- to review those policies. We didn't have adequate time to review them or look into them and we need to, and we should before that's voted and moved forward. We deserve it for the residents; we deserve for the City. We don't want reckless officers with rifles. I'm a military man myself. I know how to use a rifle. I've been trained in combat with it. I've been in combat with it; I don't think any of our officers have. Some are veterans, and I give them props for that. Thank you for the time. I'm down, three, two, one. Thank you guys; appreciate it. Chair Hardemon: You're recognized, ma'am. Brenda Betancourt: Good morning, guys. Brenda Betancourt, 1436 Southwest 6th Street. Concerns about Coconut Grove is almost the same concern we have in Overtown, Little Havana. I think the concern is more about what you guys are doing to keep up with the demand of low and workforce housing. I just heard the same speech yesterday in the Community Relation Board, where I'm the vice chair for the County, where they are pleading our help to not just keep them in Coconut Grove, but help them to get the right housing for them to stay. We spent a lot of time and a lot of money, and a lot of other different things, but our biggest asset is our people in the City of Miami. For those who are sitting in the chair; that we elect you, it's your City of Miami Page 28 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 responsibility; just a clear reminder that next year or next two years, or the next four years our election are coming. And if you don't start listening to the people who elect you, it will be somebody else sitting in those seats. I'm in support of RE.9, which I hope that those 25 miles actually get implemented. We hear it all the time. The Shenandoah Homeowners Association, we have a problem with that, people traveling through our street. Flagler is closed, so they have to use another street. So I hope that this goes around with the Miami Police Department, trying to help us to implement those 25 miles, because it's really important. We going to save seniors and kids; that they are being struck by these people driving in 50, 60 miles per hours. I'm supportive SR. 3, 4, and 5; and, of course, RE. 10, to do all the studies for kids, for new programs; that they are so important to keep our youth out of trouble, and to keep them engaged into different activities during the summer. Thank you. Chair Hardemon: You're recognized, sir. Don Anthony: Good morning. I'm Don Anthony, communications director for the Animal Rights Foundation of Florida. We have 5,000 members around the State, and we're based in Fort Lauderdale, in South Florida. I'm here speaking in favor of FR.3. Almost every single dog or cat in every pet store comes from mass breeding facilities known as puppy mills. The females live in wire cages all their lives. They are bred continuously until they're no longerprofitable. Their offspringfrequently come with a long list of defects and diseases from all the inbreeding. Most commercial breeding farms are USDA (United States Department of Agriculture) licensed and are still disease -ridden abusive facilities. USDA licenses and inspections fix nothing. These ordinances, like the one you're considering today, do not close down pet shops. There are already dozens of pet shops in South Florida that voluntarily refuse to sell commercially -bred dogs and cats, and they're very, very successful. Consumer choice is never affected. Ifpeople do want a pure-bred dog, Animal Control and the Humane Society report many pure-breds end up in their shelters all the time. You can adopt from a breed -specific rescue, or you can buy a dog from a local hobby breeder. People can visit a local hobby breeder and see the conditions the dogs live in, who the parents are. That's not the case when out-of- state puppies are shipped in on 18 -wheelers and unloaded in the back of a pet shop. Remember; the only people who ever fight these ordinances are mouthpieces for puppy mills, who want them to stay in business; want to be able to sell defective animals that come from abused animals. So there is no need for an exemption to allow hobby breeders to sell animals through stores. Hobby breeders never sell animals through stores; they just don't. Hobby breeders don't sell animals through pet shops. They sell directly to the public. An exemption like this would make an ordinance like yours unenforceable. You'll have all kinds of animals coming in from who knows where, and you don't have the ability to trace each and every one. To make this effective, what you need to do is eliminate the hobby breeder exemption. Passing this ordinance means you want to do the right thing; I can see that. Now, you need to do the right thing and cut the one part that will render it useless -- the hobby breeder exemption. Thank you very much. Adam Gersten: Good morning, gentlemen. Chair Hardemon: Morning to you. Mr. Gersten: Adam Gersten, 5300 Northwest 2nd Avenue. I am here to thank the -- well, as a proponent of RE. 7 -- to thank Mayor Regalado and the Chairman for bringing forward a resolution to extend hours of service during the Art Basel Art Week in Wynwood. As you guys know, it's been a very diff cult year, and the -- I know I'm not alone in feeling that this is coming at a really critical time for us, and so we're just very thankful. I'm very thankful, and Tin sure that the other bar and restaurant owners in the neighborhood are very thankful. That's it. Thankyou. City of Miami Page 29 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Chair Hardemon: Thankyou, sir. Commissioner Michele Lazarow : Good morning. Michele Lazarow, 2621 Northeast 10th Street, Hallandale Beach, Florida. Thankyou to Vice Chair for bringing R -- FR.3 forward. And once again, from Commissioner Suarez and his initial support in the retail sales of dogs and cats. As some of you will remember, I am the Hallandale Beach City Commissioner who has spearheaded this issue across the State. As I have made this issue a priority for six years, I am considered by many to be the local expert. I say that notfrom arrogance, butfrom pride, and to offer myself as a resource of information for all of you. 50 Florida cities and counties have passed ordinances, from Key West to Fernandina Beach; and most recently, St. Pete, Sarasota County, with ISO ordinances nationwide. As my colleague mentioned, we know that 99 percent of pet stores get their dogs from large-scale commercial breeding facilities, some with as many as 1, 600 dogs on the property. I am strongly urging you to please remove the exemption for hobby breeders to sell to a store. Sunrise, Florida added this exemption to their ordinance to protect themselves from a lawsuit, and they were sued, anyway. We learned from their ordinance and others that this is an unenforceable loophole. As my colleague also mentioned, hobby breeders should be removed, because true hobby breeders do not sell to stores. This is a retail brick and mortar sales ordinance. Homebased breeders are not impacted, and they have no place in a retail sales ordinance. Cities surrounding you in Miami, such as Miami Beach, South Miami, Cutler Bay, Pinecrest, Homestead, Palmetto Bay, North Miami and North Miami Beach all have sales bands. You're now vulnerable or a hot zone for all the stores to come and open. There are only a few stores currently selling dogs in Miami, so now is the time to act. Other mom-and-pop stores in Miami are flourishing without selling puppies as a commodity. After spending all that money on a lawsuit, which they lost, the Sunrise pet store ended up transitioning to a humane model, and she's doing just fine as a retail groomer/daycare business. I ask this Commission to please move forward with an amendment to second reading. This is the way of the world now. Businesses are moving towards a humane model of stores, and few are continuing to sell cruelty and sick, neglected animals to the unsuspecting and uneducated consumer. Thank you. Chair Hardemon: Thankyou. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Can I --? Chair Hardemon: Before you speak, I'd like to close the public hearing at this time. Thankyou very much for all your comments that you've given us, but the public comment section for the regular agenda has closed. You're recognized, sir. Commissioner Carollo: Thankyou, Mr. Chairman. I actually want to ask the Commissioner a question. I don't know if you prefer that I ask now, or we wait until we take up the item. Chair Hardemon: Well, you may not have her, so you can ask your question now. Commissioner Carollo: And that's -- Thankyou, Commissioner. So I understand the issue, and I've supported this cause in the past, but let me ask a simple question. If I wanted to buy a pure-bred dog for my little girl, where would I buy it? City of Miami Page 30 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Commissioner Lazarow: From a homebased breeder; a hobby breeder, direct to the public. So there are breeders in Miami -- I'm sorry. Commissioner Carollo: No, go ahead, go ahead. Commissioner Lazarow: No, there are breeders in Miami, all the way to Sarasota to Jacksonville; anywhere across the State. I mean, this isn't a car. You know, lemon laws cover cars, appliances and puppies. This is a major investment, so you would want to go and see where your puppy was born and bred, and see the lineage and the condition. That's where you would want to go, I would think. Commissioner Carollo: Understood. So what agency overlooks that, home-bred? Commissioner Lazarow: There is no agency for a hobby breeder, which is why, when you have a hobby breeder in a store, you're really leaving yourself open, because there's no USDA regulations for a hobby breeder. Any facility or person with four breeding dogs or less is exempt from USDA oversight. So when you put in a hobby breeder, you're actually leaving yourself more vulnerable, because you have no regulations for hobby breeders. Commissioner Carollo: So are you telling me to -- but if I want a pure-bred dog, to go to a hobby breeder. Commissioner Lazarow: You're going to their home, or you're going to a place where you're actually seeing the conditions of where the dog is bred, yes. Commissioner Carollo: But I'm no expert in their conditions. I mean -- Commissioner Lazarow: Well, you would know if a dog was kept in cages and filthy and dirty and never getting out, and had -- looks sick. I mean, you would see if the parents look sick. I mean, think about it. If you can't get regulations in the home, you're certainly not going to get them in a store. So what you're giving is a false sense of security to a person who says, "Hey, Miami's regulating hobby breeders. We're okay to go in and buy in a store. Miami sanc" -- "said this is okay. They've signed this. " Chair Hardemon: So what happens if you say, "We allow you" -- "we will allow individuals to sell their dogs who are not hobby breeders"? So you don't allow hobby breeders, but you do allow the little girl to sell the puppy to someone. You're not -- I'm not creating a -- I don't want to create a class of -- I don't want to okay a class that has been defined, but just an individual to sell their puppy. Commissioner Lazarow: To the store? Chair Hardemon: No, I'm saying to another individual. Commissioner Lazarow: No, you can sell direct to the public. There's no problem in selling direct to the public. Commissioner Gort: That's the difference. Commissioner Lazarow: You can't sell to a store. I mean, good breeders don't sell to stores. They certainly don't ship their dogs on 18 -wheelers across the country that die in transit. Commissioner Carollo: And how do you find these breeders; Craig's List or --? City of Miami Page 31 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Commissioner Gort: Website. Commissioner Lazarow: I'm sorry. Commissioner Carollo: How do you find these breeders; Craig's List? Commissioner Lazarow: You research. I've helped people get numerous breeds. You just go and you research it, and you find somebody who either is incorporated with a AKC (American Kennel Club), somebody that's associated with a breed specific. So ifI want a Maltese, I would go to a --the Maltese website for the AKC and I would find a local breeder, and those are people that specialize in breeding that breed. I've got three Morkies, little tiny Yorkie/Maltese mixes. Vice Chair Russell: Morkie? Commissioner Lazarow: Mor -- that's what it's called, a Morkie. They're thousand dollar pet store dogs. I got them in a shelter in Broward County, and I got all the expenses that go along with those dogs, with the luxating patellas and all the illnesses that come from those dogs that are bred in those conditions. I mean, that's what -- the best, healthiest dogs are mutts, but -- that's what I know. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: Through the legislation as it stands -- I'm not -- if we were to take out the exclusion for hobby breeders, a pet store would still be able to take dogs from shelter and sell them, correct? Commissioner Lazarow: Correct. Vice Chair Russell: The intention here is that --We have in the County over 20,000 animals a year being killed at shelter, and this is a perfect supply that would still be available to pet stores that they could continue their business, so we're not constraining their business. And as for finding a hobby breeder online, if you wanted a pure-bred Labrador or whatever, you can easily Google and find that, so it wouldn't be restraining that business. It would just be -- Commissioner Lazarow: Right. Vice Chair Russell: -- taking hobby breeders out, so I'll definitely be bringing that up at the (UNINTELLIGIBLE). Commissioner Lazarow: Correct. Commissioner Suarez: Mr. Chair? Commissioner Lazarow: And also, in -- I'm sorry, I don't want to interrupt. Go ahead. I'm sorry. Commissioner Suarez: Go ahead. Commissioner Lazarow: That's a similar model to the big box stores. That is exactly what Petco, PetSmart and Pet Supermarket do. They work with rescue, and that's what they do. And, of course, you know, it is challenged by saying, if I'm a small business, "I can't make it. I can't compete with them. I'm a small business. " City of Miami Page 32 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 But we know that that's not true, because I've traveled your City, and the last time I was here, I had a business owner who didn't sell dogs, and he got up and spoke and said, "I'm doing just fine. " So there really is no excuse for that, except "I want to get rich. " Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: Thank you, Mr. Chair. Yeah, I understand the Commissioner's concern, because I remember the first time that you came to meet with me, that was the first thing that I thought of, was the sort of quintessential experience of a child, my son -- or myself, when I was a child -- going into a pet store and buying an animal. And so, I remember when you first came to me, I -- about the moratorium -- Commissioner Lazarow: You laughed. Commissioner Suarez: -- I laughed. I literally -- I laughed. That was my initial reaction. And then, I started to look -- and then after I stopped laughing, I started to actually look at the condition of the animals that were being mistreated in these mass puppy mills that were used as a mass production means of getting these puppies out to the public as a profit-making enterprise. And I think that, for me, was one of the things that motivated me to put in place the moratorium. The second thing was, I have also experienced personally and as a lawyer for friends, you know, dogs that have congenital diseases that they would not have otherwise had, had they been bred properly and had they been cared for properly, and that --from a consumer protection perspective, imagine how difficult it would be to have to explain to your daughter -- in my case, my son -- two months into having bought the puppy that it passed away, and having to go through that whole, you know, explanation as to what that means, and all that. And so, that was another thing. And I've seen it happen, and I've had to deal with pet stores that have tried to push off the implementation of the lemon law, the animal lemon law. So, you know, I'm kind ofglad that Commissioner Russell sponsored it, because, you know, I didn't want it to seem like this was just something coming from me, and so that's kind of where I'm at with it. I had the same struggles. I hear you, you know. Commissioner Carollo: Mr. Chair. Chair Hardemon: Yes. Commissioner Carollo: Thank you. And by the way, I could tell you I was a victim of it, and it wasn't with a dog; it was with a bird. I actually bought my mother-in- law, you know, a bird, and it actually -- all the feathers fell after two or three months. All the feathers fell and so forth. It was, you know, painful. And then, by that time, they started loving the bird. They really --you know. So they were taking care of a sick bird for; you know, for at least a year or two years, until, you know, finally, it died. You know, we took it to a veterinarian, and he said, "Listen, it's imminent. The bird is going to end up dying, because it's sick, you know. It's been sick. " So we get it, and I get it. But my issue is, okay, so where is the right place to purchase these animals? Because -- Commissioner Suarez: That's a legitimate question. Commissioner Carollo: -- I don't want the same thing to happen that we go to a -- you know, a hobbyist, and the same thing happens, because, you know, at least -- City of Miami Page 33 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 and maybe you said it -- it's a false sense of security. At least you feel in a store, you know, there's some -- Commissioner Suarez: Understood. Commissioner Carollo: --you know, credibility there, so that's where, you know -- Commissioner Suarez: The struggle is. Commissioner Carollo: Yeah. Commissioner Lazarow: May I say something? Chair Hardemon: Yes. Commissioner Lazarow: The Commissioner brought up the lemon law. So the stores like to say, "We have regulations from the State. " I can tell you, time and time again, which is why the Mayor of Sunrise, who's also an attorney, went ahead and did this, in spite of a lawsuit, because you cannot get your money back. The stores laugh at you. They know there's no one to enforce that. So you've spent $1,500 on a dog. Now you've spent another 1,500 on medical bills. Now you have to sue them in civil court. People are not going to do that. So at least with a homebased breeder, you have some one-on-one relationship where you go back -- Look, I'm the foo foo, you know, "Maltese in your purse "girl. I'm not like the Labrador -- I'm mostly impacted by this. I would have to drive somewhere to get the dog. I'm willing to do that, because that is an investment in my home and from --for many, many years, is a member of my family. So it might be inconvenient, but it really is the right way to go. Unfortunately, that's the world we live in. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: And I could tell you, at least in our situation, we didn't go back to the pet store. I mean, it was a lovebird, so it wasn't -- it was definitely not $1,500. So we didn't go back to that pet store, and we've never been back, ever since. But it was more the emotional effect, you know, because -- Commissioner Suarez: Of course. Absolutely, there was an attachment there. Commissioner Carollo: Yeah. My mother-in-law got attached to the bird to the point that, you know, we took it to the vet, and, you know -- Commissioner Suarez: Yeah, yeah. Commissioner Carollo: -- to see, and you definitely don't want it to happen to anybody, much less a -- you know -- a child. Commissioner Suarez: Mr. Chair, just one brief thing. I would just say another positive byproduct of the moratorium was that we actually sort ofput together a little taskforce, and we actually went and actually checked all the businesses to make sure that they were properly licensed. Many of them -- I think we originally started with like 10 or 12 that were operating in the City. When it was all said and done, after we checked the licensing and all that, it came down to like five or three at the end. So I think it was a good exercise for us, just to make sure that -- Sometimes -- and we all know that sometimes, we enforce things on a selective basis when there is an impetus City of Miami Page 34 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 to do it, and I think in this case, there was, and I think that was a very important byproduct of having gone through the exercise. Commissioner Lazarow: When your code went out, I believe there were certain outstanding fines that they were able to collect, and that there was some pressure put on to uphold that. Commissioner Suarez: Yes. Commissioner Lazarow: Any other questions? Vice Chair Russell: Thank you. We'll continue the discussion during the item. Commissioner Lazarow: I can't stay, so I hope you'll move forward. Thank you. Vice Chair Russell: Thank you. Chair Hardemon: Thank you so much. City of Miami Page 35 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez CA.1 RESOLUTION 1155 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Fire- ATTACHMENT(S), PURSUANT TO SECTION 18-82(A) OF THE Rescue CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CLASSIFYING AN OUT OF SERVICE FIRE APPARATUS, SPECIFICALLY A 1998 PIERCE SABER, SERIAL NO. 4P1CT02UOXA000870, AS CATEGORY "A" SURPLUS STOCK; AUTHORIZING THE CITY MANAGER TO DONATE THE FIRE APPARATUS TO THE MIAMI FIREFIGHTERS BENEVOLENT ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID DONATION. ENACTMENT NUMBER: R-16-0533 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.], please see "End of Consent Agenda. " CA.2 RESOLUTION 1156 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE "FY Police PROJECT ENTITLED 2017 MIAMI DUI CHECKPOINT AND SATURATION PATROL OVERTIME PROJECT", AND APPROPRIATING FUNDS, CONSISTING OF A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE MIAMI POLICE DEPARTMENT, IN THE AMOUNT OF $80,000.00, TO PROVIDE FUNDING FOR HIGHWAY SAFETY; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. ENACTMENT NUMBER: R-16-0534 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.2, please see "End of Consent Agenda. " City of Miami Page 36 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 CA.3 RESOLUTION 1165 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ACCEPTING AMENDMENT NO. 1 TO THE Police PROFESSIONAL SERVICES AGREEMENT ("PSA") FOR REQUEST FOR PROPOSAL ("RFP") CONTRACT NO. 127103, WITH FORAY, LLC D/B/A FORAY TECHNOLOGIES, LLC, TO UPDATE THE AGREEMENT TO REFLECT FORAY, LLC, A FLORIDA FOREIGN LIMITED LIABILITY COMPANY AND TO CLARIFY THE TERM OF THE AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FORAY, LLC D/B/A FORAY TECHNOLOGIES, LLC; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0535 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.3, please see "End of Consent Agenda. " CAA RESOLUTION 1059 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Department of Real THE BIDS RECEIVED AUGUST 30, 2016, PURSUANT TO Estate and Asset INVITATION FOR BID NO. 635380, FROM SEAMAR DIVERS, LLC Management (THE PRIMARY VENDOR) AND DOCK & MARINE CONSTRUCTION, INC. (THE SECONDARY VENDOR), THE TWO (2) LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS FOR THE PROVISION OF SCHEDULED AND EMERGENCY UNDERWATER VISUAL INSPECTION REPORTING/REPAIR SERVICES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL TERM OF THREE (3) YEARS, WITH ONE (1) ADDITIONAL, THREE (3) YEAR OPTION TO RENEW TERM; ALLOCATING FUNDS FROM THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL, AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO ADD SERVICE SUPPLIERS TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS AND MODIFICATIONS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0536 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.4, please see "End of Consent Agenda. " City ofMiand Page 37 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 CA.5 RESOLUTION - Item Pulled from Consent 1160 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Department of EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE Public Works ATTACHED FORM, WITH MIAMI RIVER FUND, INC., THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION, TO CONTINUE PROVIDING EDUCATIONAL PROGRAMS FOR THE CITY OF MIAMI FOR A THREE (3) YEAR TERM COMMENCING OCTOBER 1, 2016 AND ENDING ON SEPTEMBER 30, 2019, IN AN ANNUAL AMOUNT NOT TO EXCEED $50,000.00, FOR A TOTAL AMOUNT NOT TO EXCEED $150,000.00; ALLOCATING FUNDS FROM THE STORM WATER UTILITY FUND ACCOUNT NO. 00001.208000.531000.0000.00000. ENACTMENT NUMBER: R-16-0541 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez NAYS: Carollo Chair Mardemon: CA.5. You're recognized, sir. Commissioner Carollo: Well, I'd like the presentation from the Administration. Daniel J. Alfonso (City Manager): Commissioners, CA.5 is a resolution approving the annual amount, not to exceed $50,000 that was approved in the budget for the Miami River Commission. Commissioner Carollo: Mr. Chairman. Chair Mardemon: Yes, sir. Commissioner Carollo: Okay, so when you look at the backup material, it says that the amount is being increased to compensate for the shortfall created by the lack of funding by the State of Florida. So, in other words, the State of Florida, in a year that is a record year, they've had the most revenue ever in the history of the State of Florida, does not, for whatever reason, does notfund this and the City has to pickup the tab. So we -- during the budget, we mentioned as far as our lobbyists and I'd asked why we were increasing the amount for lobbyists, and it was mentioned what a great job they've done. Well, why, in a record year, where the State of Florida has received the most amount of revenues, are they cutting funds like this, and then the City has to, you know, make up the difference? You know, that -- Mr. Alfonso: Is that a question, Commissioner? Commissioner Carollo: Yes, that's a question. Mr. Alfonso: The State of Florida approved the budget. They cut the funds for the Miami River Commission. The City of Miami approved in the budget an increase to the Miami River Commission to help them out. City of Miami Page 38 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 Brett Bibeau: If I may? Honorable City Commission, good morning. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. I understand your question, Commissioner Carollo, and happy to address it. For many years, the South Florida Water Management District provided $250,000 per year to the Miami River Commission. The Legislature and the Governor, several years back, then told the South Florida Water Management District they had to significantly reduce their budget to the tune of about 50 percent of the total South Florida Water Management District budget. So as they reduced that amount, the Miami River Commission was slowly decreased, decreased, decreased, and eliminated. The year we were eliminated, we turned back to the Florida Legislature, which created the River Commission, started us off with $300,000 in 1998, and said, you know, "You asked the district to reduce their funding; they did. We were part of those cuts. Now we're turning back to you for only 150,000"; a reduction from 250 to 150. For three years in a row, it was approved. For two years in a row, it was approved and not vetoed by the Governor. This year; Chairman Jose Felix Diaz, one of our champions in the Legislature, said, you know, "River Commission, for you to have to come up to Tallahassee every year for just $150,000 and it's approved every year; what we're going to do this year is approve it in an automatically reoccurring fashion. " So that was the only difference between previous approvals and this approval. We don't know why the Governor vetoed it, but the Governor did veto it. Maybe that was the reason. Maybe he felt that nothing should be automatically reoccurring. I respect that; I understand that. Maybe we should go back every year, okay. So that vetoed the item. And so, not only did the "automatically reoccurring" clause get vetoed, but also the $150,000 got vetoed. So now, we're already working, you know, towards the next Legislative session, and we're confident it's not going to happen again, but, you know, until then, there are services that are needed that we provide in a very cost-efficient manner. And so, we turned to the County, the City, and the private sector to fill that budget hole. The County has provided a minor increase. The City, in the previously adopted budget, did provide an increase from 30 to 50 a year. This would be the contract for the increased amount, and we hope that the City will continue to support the Miami River District. Commissioner Carollo: So you believe that this was a one-time happening with the State? You're expecting then to receive the fundings next year? Mr. Bibeau: We always do our best. Commissioner Carollo: Yeah, butfrom whatyou said earlier, that, yes -- Mr. Bibeau: I would hope and then feel -- Commissioner Carollo: Has anyone reached out to -- Mr. Bibeau: -- reasonably confident that it'll happen, but -- Commissioner Carollo: Right. Mr. Bibeau: -- you know how those things go. Commissioner Carollo: Has anyone reached out to the Governor to know why he vetoed the 50,000? Mr. Bibeau: As a matter of fact, our chairman had a meeting scheduled with him right before the -- what was it? -- Tropical Storm -- what was that last tropical storm that was about to be a hurricane? City of Miami Page 39 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Commissioner Carollo: Whoever it was. Mr. Bibeau: And he -- understandably, the Governor had to clear his schedule. That meeting was cancelled; we're looking to reschedule it. We've invited him to attend the Miami River Commission meeting. My best -- you know, my gut tells me it was the "automatically reoccurring" part, because that was the only difference between the two previous years when he did not veto it and this year; when he did. Commissioner Carollo: Understood. Has our lobbyist been spoken to, to inquire why -- the reason for the veto? Mr. Alfonso: The Governor has not given us an answer as to what his thinking was, sir. Commissioner Carollo: Has our liaison or our lobbyist that we increased their payment for the following budget given us any inclination of why the veto? Mr. Alfonso: No, sir. Commissioner Carollo: Another question, Mr. Manager: If the Miami River Commission is expecting to receive those funds next year, why are we doing this for three years instead of just one year where they need the funding? Mr. Bibeau: I'd be happy to address the question, if you'd like. Commissioner Carollo: You have it here for this year; the following year, and the next year after that. So if this is the year that they have the cut and they're expecting to get those monies the following year; why are we then funding it for three years? Mr. Bibeau: Thankyou, Mr. Manager. Historically, our contracts have always been three-year contracts. Your scope of services cannot -- yes, sir. Commissioner Carollo: You just said that's why the -- that's why you believe the Mayor [sic] vetoed it, because it was recurring. But this is -- Mr. Bibeau: No, no, I'm sorry. Commissioner Gort: Not the Mayor; the Governor. Mr. Bibeau: The contracts between the City and the Miami River Commission -- Commissioner Carollo: The Governor; Tin sorry. Mr. Bibeau: -- have always been three-year contracts. So the term was just the same term it's always been. Now, the $50, 000 from the City for the scope of services in your contract, it is totally impossible to provide that scope of services for $50, 000. $50, 000 cannot pay for all the things that we pay for. So the only way we pull it off is by pooling together money from the State, the private sector; grants, et cetera, et cetera. So the City's cost share contribution, per Code, historically has been a very modest 30,000. The increase to $50,000, I would suggest, is still modest in comparison to what we do and what we accomplish. The needs of the Miami River District are great. The amount of reoccurring garbage, in and of itself, is astounding. The pollution -- the main pollution sources of the Miami River are the storm water system. The entire City drains into the river through 150 outfalls. So all of the Styrofoams and the plastics -- You'll clean a site, you'll go back there three days later, and it's like you weren't there three days before; there's so much litter City of Miami Page 40 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 that has reoccurred. You also, sadly, have a significant homeless population, which creates a tremendous amount of garbage, including needles and feaces that we pick up on a daily basis. You've got Voodoo Santeria that think that their god is in the river, and they give sacrifices of dead chickens and goats and the like, and we're the ones who pick that up every day. Commissioner Carollo: Right. I got it, Mr. Bibeau. I got it. Mr. Bibeau: Yes. Commissioner Carollo: I've been out there with you. I'm not questioning the great job that you do and the great job that the Miami River Commission does. Mr. Bibeau: Thank you. Commissioner Carollo: I'm not questioning that. I'm questioning, why did the State cut the funding this year and then --? And, yes, I will be voting in favor of it for this year. Mr. Bibeau: Thank you. Commissioner Carollo: Why do we have a resolution that funds you, not just this year -- Mr. Bibeau: Right. Commissioner Carollo: -- but for the second year and the third year -- Mr. Bibeau: Understood. Commissioner Carollo: -- when you're expecting that money from the State Government? So I agree with -- Mr. Bibeau: I would suggest, respectfully, that the -- that we should have the additional 20,000 to 50,000, even if we get restored next year, because we want to provide services and -- Commissioner Carollo: But there's a time for that; that's the budget time. That's when you come forward and you request that. Chair Hardemon: Is there a motion for CA.5? Commissioner Gort: Look, let me tell you, I -- the river; I got a great part of the river in my district, so I'll make the motion to move the way it is. Commissioner Suarez: Second. Commissioner Gort: Move it. Chair Hardemon: It's been properly moved and seconded. Is there any further discussion? Seeing none, all in favor, say "aye. " Commissioner Suarez: Aye. Commissioner Gort: Aye. Vice Chair Russell: Aye. City of Miami Page 41 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Chair Hardemon: Against? Commissioner Carollo: No. Chair Hardemon: Motion passes. Mr. Bibeau: Thank vou. CA.6 RESOLUTION 1159 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY Public Works MANAGER TO ACCEPT TEN (10) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED OF DEDICATION, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP COPIES OF SAID DEEDS. ENACTMENT NUMBER: R-16-0537 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 6, please see "End of Consent Agenda. " CA.7 RESOLUTION 1200 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ACCEPTING A GRANT OF PUBLIC ACCESS Public Works AND UTILITY EASEMENT FROM TIGERVEST N.V. AND PACIFIC NATIONAL BANK ("GRANTORS"), FOR NON-EXCLUSIVE PUBLIC ACCESS AND UTILITY SERVICES THROUGH THE GRANTORS' PROPERTY LOCATED BETWEEN BRICKELL AVENUE AND SOUTH MIAMI AVENUE, AND FROM SOUTHEAST 13 STREET TO SOUTHEAST 14 STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF PUBLIC ACCESS AND UTILITY EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0538 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 Miami Page 42 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 CA.8 RESOLUTION 1201 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE RESTORATION OF VEHICULAR TRAFFIC TO Public Works NORTHWEST 7TH STREET BETWEEN NORTHWEST 1ST COURT AND NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, TO FACILITATE THE REDEVELOPMENT OF BLOCKS 45 AND 56 WITHIN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA ("CRA") CONSISTENT WITH DEVELOPMENT AGREEMENTS APPROVED BY THE CRA BOARD FOR THE DEVELOPMENT LOCATED ON BLOCKS 45 AND 56. ENACTMENT NUMBER: R-16-0539 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.8, please see "End of Consent Agenda. " CA.9 RESOLUTION - Item Pulled from Consent 1194 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), APPROVING THE EXECUTION OF A Improvements DECLARATION OF RESTRICTIVE COVENANT RUNNING WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, REQUIRING INSTITUTIONAL AND ENGINEERING CONTROLS AT JOSE MARTI PARK LOCATED AT APPROXIMATELY 342-362 SOUTHWEST 4 STREET, MIAMI, FLORIDA. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item CA.9 was continued to the December 8, 2016 Regular Commission Meeting. Note for the Record. For additional minutes referencing item CA. 9, please see "Order of the Day. " City ofMimni Page 43 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 CA.10 RESOLUTION 1325 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE DIRECTOR OF FINANCE TO PAY DBI Attorney SERVICES, LLC, ON BEHALF OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF ONE HUNDRED SIXTEEN THOUSAND FORTY-FIVE DOLLARS AND TWENTY CENTS ($116,045.20) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS AND EMPLOYEES, AND KASEEM SMITH, ARISING OUT OF AN ACCIDENT ON FEBRUARY 15, 2016, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS BY FDOT AND DBI SERVICES, LLC; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-16-0540 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 10, please see "End of Consent Agenda. " END OF CONSENT AGENDA Chair Hardemon: We have to get through some business. On the CA (Consent Agenda) agenda, only CA.9 was deferred, so the rest of -- CA.1 through 10 -- Is there anything that anyone wants to --? I see you -- Commissioner Carollo: Mr. Chairman -- Chair Hardemon: Yes, sir. Commissioner Carollo: --I want to pull CA.5. Chair Hardemon: Okay. We're going to pull CA.5. Okay? Commissioner Suarez: Move the remaining items unless -- Commissioner Gort: Second. Chair Hardemon: It's been properly moved and seconded. Is there any discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: That motion passes. So CA.1, 2, 3, 4, 6, 7, 8, and 10 passed. City of Miami Page 44 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 100:11111141Los: 1;filNI►[069 PHA RESOLUTION 1109 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset EXECUTE A GRANT OF AN UNDERGROUND EASEMENT, IN Management SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER & LIGHT COMPANY, A FOR-PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE TEN (10) FOOT WIDE UNDERGROUND EASEMENT OF APPROXIMATELY SEVEN HUNDRED SIXTY NINE (769) SQUARE FEET OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 3805 NORTHEAST 6TH AVENUE, MIAMI, FLORIDA (A/K/A ALBERT PALLOT PARK), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, AS WELL AS REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID UNDERGROUND EASEMENT; FURTHER CONTAINING A REVERTER PROVISION SHOULD THE UNDERGROUND EASEMENT BE ABANDONED OR DISCONTINUED. ENACTMENT NUMBER: R-16-0542 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: Is there any item on the PH (Public Hearings) agenda that anyone wants to remove for discussion? Vice Chair Russell: Yes; PH 6. Chair Hardemon: Okay, we'll remove PH 6, for discussion. Okay. Victoria Mendez (City Attorney): Chairman, I believe, for PH.1 and PH. 2, we have minor amendments that we have to place for the record. Chair Hardemon: Okay. Can you announce them on the record so that when the motion is made, it includes those amendments? Ms. Mendez: For the PH.1, we need to make a modification to include the revised covenant approved by Greenberg Traurig that mirrors the resolution, and that should have been already provided to you; it's just revised language with regard to the easement. And for PH.2, the Woodson Mini Park, apparently, the incorrect address was placed, and that needs to be read into the record; the actual address. Chair Hardemon: Can you read the address into the record? City of Miami Page 45 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Ms. Mendez: Does anybody have that address? Apparently, the County is still working on that, so we will have to revise it after you pass the legislation, as a modified resolution, with the correct address. Chair Hardemon: Okay. Is there a motion to accept the PH agenda, besides RE. 12 [sic], with the following changes that were made on the record? Commissioner Gort: Move it. Vice Chair Russell: PH.6 is the one that was -- Commissioner Gort: Move it, PH6 [sic]. Commissioner Suarez: Second. Chair Hardemon: PH6 [sic], right. It's been properly moved and seconded. Any further discussion? Hearing none, all 'for;"say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. PH.2 RESOLUTION 1195 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset EXECUTE A GRANT OF AN EASEMENT, IN SUBSTANTIALLY THE Management ATTACHED FORM, TO THE MIAMI-DADE WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY EIGHT HUNDRED FORTY ONE (841) SQUARE FEET, OF CITY -OWNED PROPERTY LOCATED AT WOODSON MINI PARK, 699 NORTHEAST 36TH STREET, MIAMI, FLORIDA, FOLIO NUMBER 01-3219-000-0010, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE AND INSPECT WATER AND SEWER TRANSMISSION AND DISTRIBUTION FACILITIES, WITH THE RIGHT TO REMOVE, RECONSTRUCT AND DEMOLISH THE FACILITIES, AS MAY BE NECESSARY, WITHIN THE EASEMENT, WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM; FURTHER CONTAINING A REVERTER PROVISION IF THE UNDERGROUND EASEMENT IS ABANDONED OR DISCONTINUED. ENACTMENT NUMBER: R-16-0543 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing item PH.2, please see item PH.]. City of Miami Page 46 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 PH.3 RESOLUTION 1202 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "FIRST HS Department of COURT", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY Public Works DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-16-0544 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing item PH.3, please see item PKI. PHA RESOLUTION 1203 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "3 Public Works BROAMIGO", 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-16-0545 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing item PH.4, please see item PH.]. City of Miami Page 47 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 PH.5 RESOLUTION 1151 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, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING ENTERING INTO AN AGREEMENT WITH INTERNATIONAL BUSINESS INFORMATION TECHNOLOGIES, INC. D/B/A LEFTA SYSTEMS FOR PROCUREMENT OF ITS LAW ENFORCEMENT FIELD TRAINING APPLICATION ("LEFTA") SOFTWARE, INCLUDING INSTALLATION, TRAINING, AND THE INITIAL YEAR'S TECHNICAL SUPPORT, IN AN AMOUNT NOT TO EXCEED $30,750.00, FOR THE MIAMI POLICE DEPARTMENT; ALLOCATING $30,000.00 FROM OFFICE OF CAPITAL IMPROVEMENT FUND, AWARD NO. 1426, PROJECT NO. 40-1370182, TASK NO. 5, AND $750.00 FROM POLICE GENERAL OPERATING FUND, ACCOUNT NO. 00001.190001.554000; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE PURCHASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0546 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing item PKS, please see item PH.]. City of Miami Page 48 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 PH.6 RESOLUTION 1191 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), RESCINDING RESOLUTION NO. 14-0421, Improvements ADOPTED OCTOBER 23, 2014, WHICH AUTHORIZED THE CITY MANAGER TO ACCEPT FUNDS IN AN AMOUNT OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FROM MIAMI BAY TRUST, LLC, AND SUBSTITUTING IN LIEU THEREOF A NEW RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT PUBLIC BENEFIT IMPROVEMENTS, PURSUANT TO ARTICLE 3, SECTION 3.14 OF MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALBERT PALLOT PARK ("PALLOT PARK"), LOCATED AT 3805 NORTHEAST 6 AVENUE, MIAMI, FLORIDA 33137, FOR IMPROVEMENTS THAT SHALL TOTAL A MINIMUM OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FROM DEVELOPER, THE MILTON FAMILY, BY AND THROUGH THE NILDA MILTON REVOCABLE TRUST ("NMRT"), FURTHER, BY A FOUR-FIFTHS (4/5TH) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES FOR THE PROCUREMENT AND CONSTRUCTION OF A SEAWALL, BAYWALK AND KAYAK LAUNCH AT PALLOT PARK BY NMRT, AS DEVELOPMENT MANAGER; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH NMRT FOR THE PUBLIC BENEFIT IMPROVEMENTS TO PALLOT PARK; AUTHORIZING THE CITY MANAGER TO NEGOTIATE, EXECUTE AND AMEND ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSES. ENACTMENT NUMBER: R-16-0553 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. For additional minutes referencing item PH. 6, please see "Public Comment Period for Regular Items. " Note for the Record. For additional minutes referencing item PH.6, please see item PH. 1. Chair Hardemon: PH 6. City ofMiami Page 49 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 Jeovanny Rodriguez: Good morning, Commissioners. Jeovanny Rodriguez, director of Capital Improvements. PH.6 is a resolution of the City of Miami Commission rescinding Resolution Number 14-0421, adopted in October 23, 2014, which authorized the City Manager to accept funds in the amount of $2.5 million for the Miami Bay Trust, LLC (Limited Liability Company), and substituting in lieu of with a new resolution authorizing the City Manager to accept public benefit improvements, pursuant to Article 3, Section 3.14 of the Miami 21 Code for improvements in Albert Pallot Park from the developer, the Milton family, and by the Milton Revocable Trust; furthermore, by a four-fifths affirmation vote, ratifying, approving, and confirming the Manager's finding that competitive negotiations are not practical and advantageous; waiving the requirements for said procedures for the procurement and construction of a seawall, bay walk, and kayak launch by the Nilda Milton Revocable Trust, as development managers. Finally, authorizing the Manager to execute an agreement in a form acceptable to the City Attorney's Office for -- with the Milton Revocable Trust for the public benefit improvements at Pallot Park. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized, sir. Vice Chair Russell: Thank you. I will be asking for a deferral of this item. There's a lot of confusion -- and some of you were here before, so maybe you can help me with that -- regarding when this agreement was originally made. And first of all, I'd like to say that I'm very thankful to the Miltons for their offer to invest $2.5 million into Pallot Park and the bay walk that will be there, and all of the improvements that will come. We have a kayak launch, we have a seawall; so many good things that will be happening. It's the devil in the details that I'd like to make sure that we're getting correct, because I've heard three to four different stories about how the deal was put together; and what that means with regard to the public benefits. We may be setting a new precedent here on banking public benefits for future, which has never been done before. And more than one senior member of staff have told me that this may be bad policy that we should clary, because it's silent currently in our Code. So the agreement I'm trying to clarify is with regard to why we closed the bay walk, because there are very specific reasons in our Code that are needed for us to exclude the public from a bay walk area, and that's the bay walk north of Pallot Park into Milton's development property. We allowed them to close that bay walk. I was originally told that that was in exchange for the 2.5 million investment in the park. But now -- then, in later briefings, I was told that the 2.5 million was in exchange for a staging area that they used while building the Milton development. And then, I was told that the 2.5 million was simply a public benefit that was going to be used to bank future development square footage anywhere else in the City that they wanted; not on this development, not within a similar zoning area, but that they could bank it so that they could do a public benefit on a park in one part of town and then however many years later -- we just simply don't have that in our Code, expressly stated, that we've ever -- We've never done that before, to my understanding, and we don't say whether we can or cannot do that. I think we, as a Commission, should explore that policy and make a solid decision on that, and I'd like to defer this item and then ask the management to do analysis on that, so that we can form better policy that's clear. And Iris, you may help me here with some of the story; and fellow Commissioners, if you know the past and story on this, please. Iris Escarra: Good morning, Commissioner, Chairman. Iris Escarra, with offices at 333 Southeast 2nd Avenue. This has actually been in the works since 2013. In 2013, the City moved to amend its Code to allow for park improvements to count towards public benefits in Miami 21, Section 3.14. On April 24, 2014, the City Commission adopted Resolution 13-452. That allowed for park improvements to be used as a public benefit satisfaction on properties that are zoned T6 throughout the City. At City of Miami Page 50 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 such time, we started working on a parks plan. The Milton family --we met with at the time the Parks director -- his name is Paschal -- I forget his last name; I apologize -- to work on a park plan for Pallot Park, because this was an important park to the family. Since then, separate and apart from that program that they were doing, that they always had anticipated doing, in October 23, 2014, we came to the City Commission to be able to use a portion of the park. There was a strip -- it's about 30 or 40 feet along the property's edge -- for staging for construction, for which we paid a separate fee to the Real Estate Department that was -- they told us, "This is the fee to be able to lease this portion. " At that time, at that hearing, there was a subsequent resolution that got adopted, because we -- it came to fruition that the City had been working -- at the time, it was Mark Spanioli, which is the predecessor to Mr. Rodriguez -- said, "We've been working on a seawall plan for some time now, many years in the making, and your plans for the park don't include the seawall. We want you" -- and at the time, it was suggested by Commissioner Sarnoff -- "to do the seawall to expedite and get this done, because" -- "and it" -- "we can get it done cheaper." So there was a lot of discussion on the record as to incorporating into the public benefits process that we were doing for the park to incorporate the seawall. And at such time, they suggested, "Well, in order for you to do the seawall, we have FIND (Florida Inland Navigation District) monies that have been allocated for the park" -- $150,000 -- "So in order for you to do that, you have to be our contractor to come in and do it in order for us to be able to qualms and keep the FIND grant monies. You can't just come and do it as part of the Public Benefits Program. Come back with that." That was October 23, 2014. Since that time, we've been working with the neighbors on coming up with a final plan with regards to what is wanted at the park for the master plan. Separate and apart from that, in 2015, we came in and asked for the access along the waterfront of the project that was under construction already, because they were already vested, to eliminate public access. We didn't ask to move the building closer to the water or eliminate any of the setbacks, because there was a big security concern, Bay Point Association and the other associations came out and said, "We don't want that, because to the north, it's single-family; to the south, you have this park, and then you have a highway. So there's no connectivity." And it was really closed based on a public safety issue; not because of anything with regards to the park. That had already been started in 2013, and this was 2015. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: Iris, thank you. Couldn't that same argument be made for closing the bay walk anywhere along the entire bay, then; that the residents in that development have a security concern, so we should be able to close the bay walk? Ms. Escarra: Well -- Vice Chair Russell: So does that really pass the test for us on a legitimate closure reason? Ms. Escarra: The other thing -- it could, I guess, to a certain extent; however; here, you have Bay Point single-family homes that wouldn't be required to provide a bayfront. If we had come in under a Miami 21 permit -- our project was approved under Zoning Ordinance 11000. Under Miami 21, we wouldn't be required a bay walk, because we're zoned T4 -R, and T4 -R is not required to do a bay walk. Vice Chair Russell: Which; the Milton Project? City of Miami Page 51 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Ms. Escarra: The Milton Project today. If we had done a Miami 21 project -- it was only because we were in 11000, and in 11000, T4, which was kind of like R3, was required to do the walkway. Vice Chair Russell: That's a separate subject, but with regard to the safety concern, there would be allowed to have a wall on the north side of the bay walk on the Milton property, blocking anyone from entering Bay Point, though, correct? So -- Ms. Escarra: Correct. Vice Chair Russell: -- there was -- Why was there a need to close the bay walk on the south side of the Milton property? Ms. Escarra: There was an elevation change. Between the park and between the Milton property, there's a huge elevation change. I'm under the impression it's like three or four feet with regards to it; and in addition, the City -- the discussion on the item -- since you couldn't necessarily go anywhere south, either; because you have I- 3 -- 1-395, which doesn't allow pedestrian connectivity. This particular portion of the City is all broken up between highways and spaces, so it wouldn't meet the intent of having this long linear bay walk. You would really only have people walking in front of the Milton property. You'd get to the back of somebody's yard at Bay Point and come right back. So the -- Vice Chair Russell: You could not get to the back of anyone's yard in Bay Point. There would be a wall on the north side of the bay walk in the Milton property. Ms. Escarra: Understood, but Bay Point was concerned that people would be accessing their properties from there, in the sense of like jumping over; access -- because we -- it's public access. Vice Chair Russell: So they want two walls; the north wall and the south wall. Ms. Escarra: I can't speak for them. Vice Chair Russell: What I'm just looking for is whether or not there was a legitimate benefit agreement to closing the wall. So you're saying that the 2.5 million investment in Pallot Park had nothing to do with the closure of the bay walk; that was not an exchange? Ms. Escarra: That was not an exchange. Vice Chair Russell: Was there an exchange with regard to the staging area for Milton within the park; using the park for staging area? Did that in -- there was a financial contract for that usage. Ms. Escarra: Correct. Vice Chair Russell: Did that also include the 2.5 million investment in the park? Ms. Escarra: What came out of that was that we had to do the seawall; meaning as part of the public benefits that we were doing. We were always doing 2.5 improvements. Vice Chair Russell: Okay. Ms. Escarra: And what we agreed to was to reduce the 2.5 to 1.9, whatever it would be, and to commit to 600,000 for just the seawall, the concrete; that we agreed to -- City of Miami Page 52 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 that we could do it cheaper than what the City was getting quoted as to doing. So what that agreement has is an exhibit in the back, and it says that we are committed to doing this, and we are committed to doing the seawall, but we have to come back and get a four-fifths vote in order to be able to do that, because of the whole FIND monies and (UNINTELLIGIBLE) -- Vice Chair Russell: That part -- Ms. Escarra: -- the contractor. Vice Chair Russell: And thatpart, I'm fine with. And the only thing holding this up for me is really with regard to our policy on banking public benefit bonuses in this way. Ms. Escarra: So the concept between the banking is very similar to the TDRs. Right? So right now, if I'm a historic site and I'm -- I got down -zoned, I'm only 35 feet, and I'm allowed to build 100, 000 square feet, and I have 10, 000 in the building, if I'm historic, the 90,000 difference that I'm no longer allowed to build, I get a certificate of eligibility from the City Planning Department, and it says I can sell it to anybody in the City that's zoned T6 and needs it for their public benefit. There's no time period as to when that person can use it. They can hold it. And this process is an established process. And then, let's say they find a property that wants to buy it. We have to both submit to the City a request. V want to buy 90,000, and this site is eligible" -- meaning they reviewed the eligibility of the site and that they need the 90, 000 square feet. We submit a certificate of transfer application to the City. They process it. Then, the certificate of transfer is recorded on the giving side and on the receiving side. It would be very similar to that concept, except it would be in dollars and in the sense that -- because it's all on valuation. And we have a heightened review in that CIP (Capital Improvements Program) has to review the valuations. So, for example, on this park, we have to submit to CIP a complete budget for the whole 2.5 million. They have to review it, analyze it, say, you know, "You're not buying grass for too expensive, that that's an" -- you know, whatever the improvement it be -- the playground, the seawall, they review it. Then they okay that valuation. Then the Planning Department has to review it, as well, with regards to the valuation, and then they say, "Okay, these improvements are valued. " I have to go do the improvements. I have to go make the physical improvements. And then they give me a certificate that says I am eligible to hold a bucket of this valuation that then on other projects owned by the same developer. In this case, the Nilda Milton Revocable Trust is the parent company -- that's why it's under that name -- to be able to use on other Milton projects in T6 zones throughout the City. Vice Chair Russell: Why is it T6? Because Milton's property, though, is T -- Ms. Escarra: T4. Vice Chair Russell: -- 4. Ms. Escarra: Its -- that's the way the public benefits system is set up. You can only get bonus in T6 properties. You can't get bonus in T4 or T5. Vice Chair Russell: Thank you. Commissioner Suarez: Yeah. I think -- I just want to refer back to a conversation that we were having a little while ago, which is, you know, for me, it's been a concern that these TDRs have been trading in the open market for -- since the inception of Miami 21. And I think some of the things that it's led to, which I don't think are positive, per se -- I mean, I like the TDR concept. I don't want to speak ill City of Miami Page 53 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 of the TDR concept, and I think we fought very hard for there to be a TDR so that there's preservation of historic properties, no doubt, but I think, also, the City has kind of gotten left on the short end of that stick, because those are private transactions that we're not involved in, essentially, on the -- other than certifying that they are legitimate. And, you know, the ben -- the public doesn't really benefit from that, in the sense that, you know, the public's not getting a benefit from the dollar that's being created, if you will, as if a dollar were being put into the trust fund or a dollar being invested into a park. So that, to me, is a big concern. You know, secondly, how -- you know, when I've talked to Jeovanny, I never -- this concern never came up in our discussions, and I know we obviously can't talk about it, but it's not an issue that came up. How long has this been talked about or discussed or negotiated? I know we deferred it in the last Commission meeting. Ms. Escarra: The seawall? Commissioner Suarez: No. Just generally, this agreement. Ms. Escarra: Oh. We started in 2013 with this. We've been coming, you know, throughout time. One of the problems that we had that's taken so long is the design of the park. You know, we -- one design, we drew it, and they were like, "Okay, we'd like to add soccer fields. " So then we met with the neighbors. The neighbors' like, "Don't do the soccer fields. Remove the soccer fields." Okay. We put up a fence. "Don't put the fence." So we've gone -- we've had probably over nine or 10 neighborhood meetings with the community, including Mr. Bash, who was here earlier today, who spoke in favor; in order to come up with one master plan. The reason why the seawall is coming ahead of time is because of the FIND monies in September of 2017 have to be allocated. So we need to start the seawall ASAP (as soon as possible), because it also starts -- we can't do any of the stuff on the rest of the park, because it has to get filled. So the seawall is like essential to be able to do the rest of the park improvements. Vice Chair Russell: Commissioner Suarez, to answer your question about the holdup, it's simply that in this last week in my briefings, first with Iris and her client; then with the City Manager; and then with Planning & Zoning, with Mr. Garcia, I've gotten a different story on how the deal was done, and so, that's raised questions. And so, once I get clarification, it seems okay. The question is, if we don't have a problem with this benefit trading system doing this way, because, if I'm not mistaken, Mr. Garcia, we've actually never done this before in the way of banking this sort of benefit for future use. I understand that in the original discussion -- we've looked at the minutes -- that there was mention that the park improvements would generate a public benefit. Ms. Escarra: Right. Vice Chair Russell: But the question is, was the intention for that public benefit to be used on that development, the Milton development? Ms. Escarra: It could never be, because it was under an old permit, and it's T4. So T4 doesn't allow for public benefits. So the benefits could have never gone to the project just immediately north. Vice Chair Russell: Mr. Garcia, could you help? Is there an -- is this a -- would this set a precedent that would actually dictate policy in the future, and is it something we should be wary about? Is the Code silent to it, and should we clarify? Francisco Garcia: The -- Francisco Garcia, Planning & Zoning director; for the record. Let's see. Two or three issues. I'll try to be concise about them and clear. City of Miami Page 54 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 The very program that allows for a developer to make improvements to a public facility -- in this case, a park -- is a fairly novel addition to Miami 21, and this is the first time that it is being tried, that it is being put to effect. Typically, when -- in fact, when we gave it thought to draft the ordinance, the intent was for the improvement of the public facility to be directly tied to a particular development project -- right? -- and then we would know exactly what additional capacity for development the development project would need, and that could be then translated into benefits or improvements of that public facility; that was the intent. That intent, however; when captured in the Zoning Ordinance, did not preclude -- does not presently preclude a particular developer; should they see fit to do it, to make improvements to a public facility -- a park in this case -- and, bank those development rights, that development capacity, for use in a future project, in an area that is, of course, eligible. And -- Vice Chair Russell: Anywhere (UNINTELLIGIBLE). Mr. Garcia: -- anywhere in the City that is eligible. And, of course, by "eligible," we mean any area that is T6-8 and not abutting T3 in the City of Miami is eligible for that. So those are the -- sort of the safeguards as to where that development capacity would go. In that sense, as Commissioner Suarez points out, it is very much akin to the transfer of development rights process where a developer simply certifies that there was a transfer ability of development capacity, and with that certificate in hand, that development capacity can also be transferred to any eligible site within the City of Miami. Commissioner Suarez: May I? Chair Hardemon: Yeah, sure. Commissioner Suarez: I would just add one thing. It's also similar to impact fees. You know, we generate impact fees from a project -specific site; and yet, we are allowed to -- we may use them in the area that's adjacent to the site, but we also have the freedom to use them in other areas. And I think we've been very judicious in terms of how we've distributed those impact fees in a very equitable manner, because we all have parks, we all have needs, and those needs vary from year to year; from park to park, so I think that's also another good example. Mr. Garcia: I will say one more thing, though, to add and discuss to the statement you made earlier, Commissioner Russell, about bad policy, where I said to you, "I think we have an omission in terms of policy. " And this particular ordinance is -- in that this would potentially allow a developer to come in today and make a contribution to a park or any other public facility, get the benefit of that additional development capacity and use it at a future time; when, by that time, the development capacity would have cost more money, would have contributed more to the City, vis- a-vis the price point that it is at today. That was never really a -- an anticipated consequence, and that's something that we would do well to consider. Vice Chair Russell: So a potential clarification could simply be -- Mr. Garcia: Absolutely. Vice Chair Russell: -- present, but you don't see a negative unintended consequence of allowing the banking -- Mr. Garcia: No, not at all. I think we benefit in this particular case from having Albert Pallot Park significantly enhanced, and that development capacity that would go to other projects that may happen in the future by the Milton family could have been not only obtained through this improvement of Albert Pallot Park, but also City of Miami Page 55 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 through the purchase of TDRs or whatever public benefits program is in place at the time, so in that regard, I don't have a concern. Vice Chair Russell: Thank you. Chair Hardemon: And board members, I urge this -- we're past our time for lunch, and when we come back at 2 o'clock -- so if we're going to defer; the items we should defer. If we're going to pass -- Ms. Escarra: IfI may add just one item for the record? Chair Hardemon: Before you move forward, I just want to know exactly what we're going to do on this item. Vice Chair Russell: It could take a few more minutes, because if I can get clarification on the entire deal and we're all in accord, that there's a meeting of the minds with why we closed the bay walk, what the exchange of the 2.5 million is for; I'm okay with this today. And so, I'm not trying to unnecessarily hold it up. I'm simply pointing out that -- and we've been hustling to try to find the exact story before this moment, even in meetings this morning. So I'm certainly not trying to defer it unnecessarily. We'd love to get the park improvements going. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes, sir. Vice Chair Russell: Table it? You want to table it -- Commissioner Carollo: Yeah. Vice Chair Russell: -- till after lunch? Commissioner Carollo: Can we table it and maybe come back at 2:30 so you have some time, also? Vice Chair Russell: Thank you very much, gentlemen. Move to table. Chair Hardemon: No, just table it. So it just -- Commissioner Suarez: You don't have to move to. Commissioner Carollo: You don't have to? Commissioner Gort: Yeah. Commissioner Carollo: It's tabled? Chair Hardemon: Right. Are you sure you want to come back at 2:30, or do you want to come back at 2 o'clock? My fear is the longer we push our time back, the more we -- Commissioner Suarez: I got to go at 6; I told you already. Chair Hardemon: Right. So I think we should come back at 2 o'clock. I'm sure they're going to get some information to you before lunch is over. So it sounds good? So everyone back at 2 o'clock. City of Miami Page 56 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Vice Chair Russell: Okay. Ms. Escarra: Thank you very much. Chair Hardemon: Meeting is in recess. Later... Chair Hardemon: So what we'll do is -- I think we're ready for PH. 6. Are we ready to finish discussing PH. 67 Vice Chair Russell: It was PH. 6, wasn't it? Chair Hardemon: Yeah, it was the Pallot Park. Vice Chair Russell: Yes. We've had discussions during lunch. I'm ready to move the item. Chair Hardemon: Been properly moved. Is there a second? Commissioner Gort: Second. Chair Hardemon: Been properly moved and seconded to accept PH.6. Any further - - We can't do PH. 6. It's a four-fifths. Mr. Hannon: Chair, PH.6 -- Chair Hardemon: Four-fifths, yeah. Later... Chair Hardemon: Let us go to RE (resolution) -- I'm sorry -- PH. 6. Commissioner Suarez: Move it. Chair Hardemon: It's been properly moved; seconded by the Vice Chairman. Vice Chair Russell: No. I pulled -- I actually pulled that one. I -- oh, no. Chair Hardemon: No, 6. Todd B. Hannon (City Clerk): And Chair, just so you know -- Chair Hardemon: (UNINTELLIGIBLE) moved (UNINTELLIGIBLE) four fourths. Mr. Hannon: -- there's already a motion and a second -- Commissioner Gort: You made the motion. You needed four-fifths. Mr. Hannon: -- that was made at 2:20 by Vice Chairman Russell -- Commissioner Suarez: Okay. I'm sorry. Mr. Hannon: -- seconded by Commissioner Gort. Commissioner Suarez: Yeah. My apologies. City of Miami Page 57 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Chair Hardemon: So there is a motion and a second on the floor for the approval of PH 6. Commissioner Suarez: Yes. Chair Hardemon: Right? No further unreadiness? Is there any further unreadiness? Commissioner Suarez: No. Victoria Mendez (City Attorney): It has to be a four-fifths. Chair Hardemon: Right. One, two, three, four. There's four of us now. That's what we were waiting on. We were waiting on one last person. Commissioner Suarez: We're good. Chair Hardemon: Go ahead. Vice Chair Russell: I wanted one clarification -- Chair Hardemon: Sure. Vice Chair Russell: -- on the legislation, please. In this -- with regard to the seawall construction, is there a contingency with regard to getting approvals to connect and extend to the seawall to the north? One of the residents who spoke this morning had issues. You know what I'm talking about, Jeo. Do we have that in the legislation, the contingency? Jeovanny Rodriguez: Absolutely. Again, for the record, Jeovanny Rodriguez, director of Capital Improvements. Commissioner, we actually tried to move that seawall out so it align with the existing seawalls over there. It is a permit requirement, but -- by all three agencies: DERM (Department of Environmental Resource Management), the Army Corps of Engineers, and FDEP (Florida Department of Environmental Protection) that the seawall has to be at the location that it is right now. We can certainly try to make modifications to see if at both ends, where you have a 90 degree connection, if we can maybe round that up a little bit so that the water and the debris doesn't get stuck there. Again, we did try to move it out, and all three permit agencies says that you cannot do that, because that's part of the Biscayne Aquatic Preserve, so -- Vice Chair Russell: Its actually an environmental concern that those right angles become traps for floating garbage, and you just get a buildup right there in Pallot Park, which it cost us more for cleanup, as we have that contract for shallow water cleanup. Mr. Rodriguez: Absolutely. And we spoke with the developer in that, and we will make the best efforts we can to try to mitigate those 90 -degree angles at both ends to avoid that situation. But again, it does become a permitting issue, but, you know, we can certainly agree to try to adhere that as much as we can. Chair Hardemon: Sure. Vice Chair Russell: Got that. And -- Ms. Escarra: Iris Escarra, offices at 333 Southeast 2nd Avenue, two items. We'll make every effort, subject to permitting by FDEP and the authorities, to be able to City of Miami Page 58 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 round out those corners. And secondly, all the bonuses that are obtained as part of City Code Section 3.114 will remain with the Milton family; no double transfer, as we had previously proffered. Vice Chair Russell: Right. And Madam City Attorney, if you could at some point, brief me on the closure of the bay walk at that point; I have questions for the future. It doesn't affect this legislation. We've unencumbered it from the deal that's going on today, but I would like to understand that we did get a -- an accurate benefit in exchange for the closure of that -- an appropriate benefit in exchange for closure of the bay walk. It was proffered that it's simply for a safety reason, but I don't know if that passes the muster, but that's previous legislation from a couple years ago, I believe, or at least one year ago. So I would just like to meet with you about that. Thank you. Ms. Mendez: Okay. Chair Hardemon: Yeah. I remember; there was significant discussion about it, because I don't think anyone was happy about closing the bay walk, especially our District 2 Commissioner at the time. That wasn't something that necessarily was good, from what I remember. Commissioner Gort: Yeah. Chair Hardemon: And I believe, at that structure, at their property, you can't connect from where you were to the most -- I think it was the northern part? Ms. Escarra: Right. There are single-family homes on the north that are not required to ever do the bay walk, so it stopped at -- right north of us, and south of us was the park. Chair Hardemon: Right. So it stopped right there, so I think that kind of came into it, as well, so it was more than just safety. It was more than just safety. Vice Chair Russell: Thank you. Chair Hardemon: But I'm sure you'll look into it, and you'll see the record is here. I think it's there. Any further unreadiness? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Ms. Escarra: Thank you. Chair Hardemon: Motion passes. Okay. City of Miami Page 59 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 PH.7 RESOLUTION 1235 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - Commissioners FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED Commissioners PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING and Mayor THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE, IN A TOTAL AMOUNT UP TO $50,000.00, TO NEIGHBORS AND NEIGHBORS ASSOCIATION, INC. ("NANA"), FOR FINANCIAL AND TECHNICAL ASSISTANCE TO SMALL BUSINESSES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT WITH NANA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0547 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing item PK 7, please see item PH.]. PH.8 RESOLUTION 1293 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - Commissioners FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED and Mayor PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $25,000.00, TO PIERRE TOUSSAINT LEADERSHIP AND LEARNING CENTER, INC., A NOT FOR PROFIT CORPORATION, FOR ADULT AND CHILD LITERACY SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0548 City of Mia ni Page 60 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing item PK8, please see item PKI. PH.9 RESOLUTION 1263 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - Commissioners FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING and Mayor THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 1 SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE, IN A TOTAL AMOUNT UP TO $5,000.00, TO DYNAMIC COMMUNITY DEVELOPMENT CORPORATION ("DCDC") FOR THE DOROTHY QUINTANA SENIOR ART PROJECT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT WITH DCDC, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0549 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing item PK9, please see item PKI. City ofMimni Page 61 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 PH.10 RESOLUTION 1333 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - Commissioners FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED and Mayor PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING AYES: THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 2 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE, IN AN AMOUNT UP TO $10,000.00 TO THE START PROGRAM, INC., FOR EDUCATIONAL AFTER SCHOOL CARE TO RESIDENTS OF DISTRICT 2; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, NECESSARY TO EFFECTUATE THE PROGRAM. ENACTMENT NUMBER: R-16-0550 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing item PH.10, please see "Public Comment Period for Regular Items. " Note for the Record. For additional minutes referencing item PH.10, please see item PKI. PH.11 RESOLUTION 1334 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - Commissioners FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED and Mayor PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $15,000.00, TO CUBAN AMERICAN SCHOLARSHIP & AID FOUNDATION CORP., FOR AID TO CITY RESIDENTS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0551 0tv, ofMimni Page 62 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing item PH.]], please see item PH.]. PH.12 RESOLUTION 1335 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - Commissioners FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED and Mayor PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $25,000.00, TO CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC., NOTRE DAME D'HAITI CHURCH CHILD CARE CENTER, A NOT FOR PROFIT CORPORATION, FOR CHILDCARE SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0552 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing item PH.12, please see item PH.]. END OF PUBLIC HEARINGS 0tv, ofMiami Page 63 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 X197 k, I s1:7 mre1 of I k, LeXel zm I k, le1 k, [@];&,I SRA ORDINANCE Second Reading 1123 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING Commissioners CHAPTER 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/MAYOR AYES: AND CITY COMMISSION", TO ABSENT: AMEND SECTION 2-36, ENTITLED "MAYORAL VETO AND COMMISSION OVERRIDE", TO PROVIDE THAT MEMBERS OF THE PUBLIC SHALL HAVE A REASONABLE OPPORTUNITY TO SPEAK ON VETOED ITEMS CONSISTENT WITH SECTION 286.0114, FLORIDA STATUTES, AND SECTION 2-33(C)(2) OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13646 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Chair Hardemon: All right. So what we'll do then, we'll move to -- Daniel J. Alfonso (City Manager): SR.]. Chair Hardemon: Can you read SR.1 into the record, please? Commissioner Gort: Come on, move it. The Ordinance was read by title into the public record by City Manager Daniel J. Alfonso. Vice Chair Russell: Second. Chair Hardemon: It's been properly moved and seconded, and have the record reflect that it was read into the record for the second time. Is there any further discussion on this item? Todd B. Hannon (City Clerk): Chair. Chair Hardemon: It's not -- Mr. Hannon: I'm sorry, who was the mover and seconder? Chair Hardemon: The mover was -- Vice Chair Russell: Mover, seconder. City of Miami Page 64 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 Chair Hardemon: Right. Mover was Commissioner Gort; seconded by the Vice Chairman. Roll call vote, please. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. SR.2 ORDINANCE Second Reading 1041 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, Commissioners FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "POLICE/IN and Mayor GENERAL", MORE PARTICULARLY BY AMENDING SECTION 42- 8 OF SAID CITY CODE TO INCREASE THE ADMINISTRATIVE FEE ASSOCIATED WITH THE OFF-DUTY POLICE SERVICES PROGRAM; FURTHER DECLARING THE REVISED ADMINISTRATIVE FEE TO BE LEGAL AND VALID AND TO RATIFY, VALIDATE AND CONFIRM IN ALL RESPECTS THE ADMINISTRATIVE FEES IMPOSED PRIOR TO THE ADOPTION OF THIS ORDINANCE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item SR.2 was continued to the December 8, 2016 Regular Commission Meeting. Note for the Record. For minutes referencing item SR.2, please see "Order of the Day. " City ofMiami Page 65 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 SR.3 ORDINANCE Second Reading 1244 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 22, ARTICLE IV OF THE CODE OF THE CITY OF and Mayor MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "GARBAGE AYES: AND OTHER SOLID WASTE/MAINTENANCE OF ABSENT: LOTS", AMENDING SECTION 22-117 OF THE CITY CODE, ENTITLED "LOT CLEARANCE; FAILURE TO COMPLY; NOTICE TO OWNER", BY CREATING A NEW SUBSECTION 22-117(F) ESTABLISHING A CONTINUAL MAINTENANCE PROGRAM IN THE CITY OF MIAMI FOR THE MAINTAINING AND CLEARING OF VACANT LOTS AFTER REPEAT VIOLATIONS AND CLARIFYING EXISTING LANGUAGE; FURTHER AMENDING SECTION 22-118 OF THE CITY CODE, ENTITLED "COST OF CLEARING AS LIEN ON PROPERTY -COLLECTION, FORECLOSURE AND SALE", PROVIDING FOR SPECIAL ASSESSMENT OF COSTS INCURRED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. =1 41/_1;"IIT, I=1kq III i41L11111IT, I*=1:as K Kt In MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Chair Hardemon: SR.3. Can we have it read into the record, SR.3? Victoria Mendez (City Attorney): SR.3. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is there a motion to approve? Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon: So moved and seconded. Any further discussion? Hearing none, Mr. Clerk. Mr. Hannon: 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, 3-0. Citv, ofMiami Page 66 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 SRA ORDINANCE Second Reading 1166 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 18/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED, ENTITLED FINANCE/LIVING WAGE AYES: REQUIREMENTS FOR SERVICE CONTRACTS AND CITY ABSENT: EMPLOYEES", MORE PARTICULARLY BY AMENDING SECTION 18-556 ENTITLED "DEFINITIONS", SECTION 18-557 ENTITLED "LIVING WAGE", SECTION 18-558 ENTITLED "IMPLEMENTATION", AND SECTION 18-559 ENTITLED "COMPLIANCE AND ENFORCEMENT", TO REQUIRE A LIVING WAGE AS PROVIDED HEREIN FOR SERVICE CONTRACTS ENTERED INTO BY THE CITY OF MIAMI ("CITY") ON OR AFTER JANUARY 1, 2017, WITH CONTRACTORS PROVIDING SERVICES EXCEEDING $100,000.00 ANNUALLY, AS DEFINED HEREIN; PROVIDING CERTAIN EXCLUSIONS FROM THE LIVING WAGE REQUIREMENT PROVIDED FOR HEREIN; PROVIDING THE ADDITIONAL REMEDY OF SUSPENSION OR DEBARMENT FOR VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. =1 41/_1;"IIT, I=1kq Ill ikiL11111Ji1-3=1:as K t,1.1 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. For additional minutes referencing item SR.4, please see "Public Comment Period for Regular Items. " Chair Hardemon: SR.4. Can it be read into the record? The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Move it. Chair Hardemon: It's been properly moved. Commissioner Gort: Second. Chair Hardemon: And seconded. Any further discussion on this item? Hearing none. Todd B. Hannon (City Clerk): Roll call on item SR.4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. Vice Chair Russell: (UNINTELLIGIBLE). Citv, ofMiami Page 67 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 SR.5 ORDINANCE Second Reading 1208 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Planning and AS AMENDED, ENTITLED "ZONING AND PLANNING", MORE Zoning SPECIFICALLY CREATING A NEW ARTICLE XVI ENTITLED "ART IN PUBLIC PLACES PROGRAM"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item SR.5 was deferred to the January 12, 2017 Regular Commission Meeting. Note for the Record. For minutes referencing item SR.5, please see "Order of the Day. " Note for the Record. For additional minutes referencing item SR.5, please see "Public Comment Period for Regular Items. " END OF SECOND READING ORDINANCES City of Miami Page 68 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 I a :M a I Z&11 a N mrilQ10[eye]NQ101/_101[61;&9 FRA ORDINANCE First Reading 1092 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE and Mayor XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 'PLANNING AS AMENDED, ENTITLED AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS" BY AMENDING THE BOUNDARIES OF THE GEOGRAPHICAL AREA IN WHICH MURALS ARE PERMITTED AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item FR.] was deferred to the January 26, 2017 Regular Commission Meeting. Note for the Record. For minutes referencing item FR.], please see "Order of the Day. " Cit, ofMiami Page 69 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 FR.2 ORDINANCE First Reading 1181 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 AYES: PARTICULARLY BY AMENDING SECTION 55-10, ENTITLED ABSENT: "BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS", TO EXCLUDE THE USE OF THE PROCEDURE PROVIDED BY SECTION 55-10(I) TO CONSTRUCT ANY IMPROVEMENTS ON PRIVATE PROPERTY LOCATED WITHIN A NEIGHBORHOOD CONSERVATION DISTRICT PRIOR TO APPROVAL OF THE FINAL PLAT, AND IN THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; 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: Wifredo (Willy) Gort, Commissic AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Chair Hardemon: Moving into our first reading, can we have FR.2 read into the record? Victoria Mendez (City Attorney): I read it into the record, Chairman? Chair Hardemon: Yes, please. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Move it. Commissioner Gort: Second. Chair Hardemon: Been properly moved and seconded. Is there any further discussion? Seeing none. Todd B. Hannon (City Clerk): Roll call on item FR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. City of Miami Page 70 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 FR.3 ORDINANCE First Reading 1173 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 6/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, Commissioners FLORIDA, AS AMENDED, ENTITLED "ANIMALS/DOGS", and Mayor PROVIDING FOR ADDITIONAL DEFINITIONS, AND ESTABLISHING A NEW SECTION 6-46, ENTITLED "SALE OR TRANSFER OF DOGS AND/OR CATS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Commissioner Gort: FR.3. Chair Hardemon: FR.3. Victoria Mendez (City Attorney): FR.3, we already passed, correct? No? Chair Hardemon: No. Ms. Mendez: Oh, we just had discussion. I apologize. Commissioner Gort: We had a lot of discussion. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: I'd like to move it with an amendment, please, which we can work on for second reading. Excluding the -- eliminating the exclusion for hobby breeders; if we could work on that, find out what loopholes and how that affects, and bring it -- when we bring it for second reading to probably not have that part. Ms. Mendez: Okay. Vice Chair Russell: Thank you. Commissioner Gort: Second. Chair Hardemon: It's been properly moved and second with modification. Commissioner Gort: Mr. Chairman, discussion item. The question was asked about how you get the -- this type of dog. Right now you have the -- a lot of dogs that every year, they have to be put away, and that's one way. They can be adopted and help alleviate the problems we have with animals here. At the same time, you can go on the website and get reputables [sic] places where you can buy those pets. Chair Hardemon: Any further discussion? Hearing none. Todd B. Hannon (City Clerk): Roll call on item FR.3. City of Miami Page 71 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, as amended, 3-0. Chair Hardemon: Not going to call on RE.1 just yet, so what I'll do -- let's see. END OF FIRST READING ORDINANCES City of Miami Page 72 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 1:1�N2619]IL1111[071,1.11 REA RESOLUTION 1013 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING MOVER: THE BID RECEIVED JULY 6, 2016, PURSUANT TO INVITATION Department of FOR BID NO. 623383, FROM LAWMEN'S AND SHOOTERS' Police SUPPLY, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE ABSENT: BIDDER, TO PROVIDE THE MIAMI POLICE DEPARTMENT WITH A ONE-TIME PURCHASE OF BUSHMASTER RIFLES AND ACCESSORIES, IN AN AMOUNT NOT TO EXCEED $101,332.64; ALLOCATING FUNDS FROM THE GENERAL POLICE FUND 00001.191501.552100.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. ENACTMENT NUMBER: R-16-0554 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. For additional minutes referencing item RE.], please see "Public Comment Period for Regular Items. " Chair Hardemon: Let's call our last agenda item on our regularly scheduled agenda, which will be --I think it's RE.]. Vice Chair Russell: It is. Chair Hardemon: RE.1. Rodolfo Llanes (Chief of Police): Good afternoon, Commissioners. Rodolfo Llanes, Chief of Police. RE.] is a resolution of the City of Miami Commission, accepting a bid from Lawmen's and Shooters' Supply for $101,000 to buy Bushmaster rifles and accessories. After listening to the public comment, there's a couple of things that I'd like to address that might clear up any questions that you might have right now. I'd like to answer the "why, " to start with. If you remember, about a year ago, we did a presentation for you about how we address active shooters in conjunction with the Fire Department. If you remember how that was stacked, there was some demonstratives that showed the movement of the officers along with firefighters, and the officers in that training are armed with the AR -15s. In response to an active shooter, Miami is not immune. Who would have picked out Orlando or St. Bernardino or any of these? I mean, Paris is a high-value target. I don't think that that was -- I think the attack was surprising, but the target was not. And these -- this weapon is used in order to either create distance from the target, if the target is wearing body armor, or if the target is armed with superior fire power than you normally have. And so, my role as the Police Chief is to prepare the Police Department for things that no one else needs to think about, and that's what I'm City of Miami Page 73 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 doing here. I think, as a public safety package, you will --you have seen a number of different parts of equipment that equate to public safety: Kevlar helmets, ballistic shields, and ballistic vests for the officers. This is a comprehensive equipping of the Police Department to address issues, such as active shooters. We have -- Commissioner Suarez coordinated some public meetings with some folks in the community, and as a result of that, I did adjust -- I will adjust some of our policies that you all had at the first time that we had this discussion scheduled for. I will highlight some of those changes just so that you know that this is what the community asked for, and that will be undertaken. Officers will have to be off probationary status to apply for a carbine prior to being -- prior to going through the training. They will go through an Internal Affairs profile and personnel history by the training section to make sure that the officers have clean disciplinary profiles. They wanted a progressive discipline, specifying what the penalties would be for violating the policy. The certification course will include 10 hours of scenario -based training, where ethical decision-making and real-life scenarios will be run through with the officers. The semi-annual requalification course will go from 10 hours to 20 hours; 10 hours training at the range, and again another 10 hours of scenario -based training. While sitting here, there was some discussion about where the rifles are actually allocated. They're -- out of the hundred rifles that the City does own, 20 are in training. The 80 that are out on the road, the north district has 8, central district has 7, and the south district has 20. Investigations, SIS (Special Investigations Section), admin, and specialized operations have the rest of those. The personally owned rifles, the ratio doesn't change. The north district has 9, the central district has IS, and the south district has 23; again, with some of the other balance of the rifles being in the other parts of the organizations that are not patrol based. I think that the adjustments to the policy are important to take the public input, but I think we have a good policy, and we haven't had a discharge of a carbine since they were introduced in 2008. So we've had this equipment already. The reason that we need to expand is to increase our odds of having the right equipment on the road at the time of an occurrence of either a terrorist event or an active shooter. That is why I am requesting this equipment, and should you have any individual questions, I'll be glad to entertain them. Commissioner Suarez: Move it. Chair Hardemon: It's been properly moved. Vice Chair Russell: Second for discussion. Chair Hardemon: Seconded for discussion. Is there any discussion? Vice Chairman. Vice Chair Russell: Yes. Thank you. Chief, thank you for all the time that you spent with me on this, since it was first brought up. And one of the commentary this morning was about the standard operating procedure. The Civilian Investigative Panel said that they hadn't had enough time to look at the standard operating procedure, but if my understanding is correct, this is the same operating procedure that's been around for at least this past year; is that correct? Chief Llanes: That's correct. And now, when I make these changes -- when I internally vet this, the changes that we're talking about now, it will go to them. The entire policy, with the changes, will go to them for a 30 -day review also. Vice Chair Russell: Got it. And so the current amount of time that they have to review is 30 days; is that correct? Chief Manes: Yes, sir. City of Miami Page 74 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Vice Chair Russell: But you've been working on the policy for further before that. Is it -- without delaying the end rollout, is there a way to involve CIP (Civilian Investigative Panel) a little bit sooner, so that they can at least have their one meeting and --? Well, so they could get two meetings in, so they could be introduced to the policy, and then reconvene to make a decision or whatever that they would like to offer as suggestions in a way that doesn't delay the rollout of the policy, but involves them a little bit sooner, so that they can have input? Chief Manes: I hate to go outside the normal course of business. I like to vet the policies internally first with the experts, and then give them time to review and return. Either way, even with the purchase of the hundred rifles today, they won't be on the street tomorrow. Vice Chair Russell: Understood. Chief Manes: You know, the officers still have to go through training, still have to apply to get it, and so there will be -- there's plenty of time for us to go through the policy changes and review. Vice Chair Russell: Yep. I guess what I'm getting at is, the policy is your call, and they may agree -- you may agree or not agree with their recommendations. I just don't want their argument to say that they didn't have enough time to review it. If they have enough time to review it and you disagree with it, nobody can fault you for that, at all. But if they feel that it went through too quickly, that they weren't heard, or they didn't have a time to form an opinion, that it hadn't truly been vetted, at least. So I'd like to see if we could look at extending it; having nothing to do with this particular issue for the future; just to address something that they had brought up. Chief Manes: I think maybe what would expedite it is I'll separate that from my normal policy bundle that I send them, and I'll send this one independently so that they look at just this one and not in conjunction with a number of different policies. Commissioner Suarez: Mr. Chair. Vice Chair Russell: Further, regarding standard operating procedure -- and this is more one of the rumors or fears that the public may have about this weapon. They want to know whether our operating procedure allows an officer just to patrol carrying around this weapon, or if we would be using this -- carbines to guard buildings, for example, when there's no heightened security situation. Could you address that, please? Chief Llanes: Yes. This is not a standard weapon for standard patrol or routine calls. This is a weapon specified in policy for a number of issues that I talked about before: an active shooter, higher powered offender; possessing higher fire power than just our side arms; an offender wearing body armor, or a perimeter for a subject who is armed. Vice Chair Russell: Is there any situation within our standard operating procedure that would allow an officer to walk up on a routine traffic stop with a carbine in hand? Chief Llanes: No. Vice Chair Russell: Thank you. And if I may, I just have a couple more questions. The annual training under what you just said has now been doubled; is that correct? City of Miami Page 75 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Chief Llanes: Yes. Vice Chair Russell: From 10 to 20 hours? Chief Llanes: Yes. Vice Chair Russell: That's excellent, because that was something I wanted to bring up. In that additional 10 hours of scenario training, is there any training for situational awareness, escalation avoidance, and do we have anything in place and can we increase implicit bias training as something to temper the optic that's created by us even purchasing these? I recognize the need within the department for this, and the situations that could arise, but I know you're also very sensitive to the optic created in some of the sentiment that was brought up today. I'm thinking that implicit bias training would really send a good message to our community that while we're arming our officers appropriately, we're also arming them with training that helps them make good decisions. Chief Llanes: Well, pretty soon you'll see a contract with FIU (Florida International University) to continue our training, and that will continue. I don't think that the bias training belongs in this tactical portion of the training, but we are training our officers through the school of FIU Communications, and one of the parts of the curriculum that they go through in the communications training is implicit and explicit bias, so we are training our Police Department to identify those things. Vice Chair Russell: Thank you. Chair Hardemon: Commissioner Gort and then Commissioner Suarez. Commissioner Gort: My understanding, DOJ (Department of Justice) had a group of one individual that we hire to oversee your policies and so on, where that's (UNINTELLIGIBLE). Chief Llanes: Yes. Commissioner Gort: So they have to revise that, and they have to go through it and - Chief Llanes: They will go through that policy also. Commissioner Gort: Okay. Thank you. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. And I think, you know, the Vice Chair did a wonderful job, and so did Commissioner Gort, in answering -- asking pretty much all the questions I have -- I had. I just want to say I did, thanks to the Chief -- and I want to thank Chief Jackson, as well -- attend and host several community meetings, and a lot of issues that the Vice Chair mentioned and brought up were issues that were brought up by the residents. I think, at the end of the day, one of the reasons that compelled me to do the Magic City Fit Zones was not just because I felt that you could corroborate the shootings to specific areas with the data that we had, but it was also to increase community policing, which was a prevalent theme that you would hear over and over and over again when we had these meetings, and I think it was interesting that -- I have some wonderful pictures of police oicers in uniform, playing basketball with kids and -- or having kids on their shoulders. And I think, you know, that's something that, throughout this process, I learned -- there's a lot of things that I learned throughout the process. I think the other one is -- and I City, of Miami Page 76 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 think goes to some of the questions the Vice Chair said was, you know, we -- before we do anything that could be perceived as offensive, we should reach out to some of these groups. We should reach out -- prophylactically, you know, in advance -- CIP, et cetera, but I do want to give a little bit of balance to this issue, because the truth of the matter is that, you know -- and I want to thank also Mr. Ortiz, who's not here right now -- the FOP didn't fight the strengthening of the CIP; that passed, you know, by vote, by referendum. That passed, which was a wonderful thing for our community. We have a CIP ordinance, which is going to implement a variety of other changes that were requested. We supported the CIP when they wanted us to remove their special counsel. That was a big deal that they needed. And I think, finally, the body cameras. I mean, I think, you know, it's an -- interesting that we were able to couple something that is a police accountable issue with this measure, and I think -- I have to commend you for that, because you're the one that, you know, sort of spearheaded that, and I think that also instills a lot of confidence in our community that we are not just going to be putting offensive weapons in the hands of our police officers, but we're also going to be putting in accountability measures if they're not -- if the, you know, weapons are not stored in the right place, the officers will be -- their privileges will be revoked. I know that there are some issues that CIP had regarding the policy of officers purchasing their own, and that's something that you're going to be reviewing with the CIP going forward. So I think there was a lot of good that came out of this, a lot of wonderful things for the community, and I just wanted to put that for the record. Chair Hardemon: Chief, you know, the community came, and I think what we heard was really heartbreak, and the perception of what purchasing rifles would do to their community. And so, particularly, you heard people have concerns that -- look, they're going to take these assault rifles, and they're going to terrorize black and brown communities. That's the short end of it. That's what the perception is of the purchasing of these rifles. And, you know, that's not something that I want to believe. I want -- I don't want to believe that in 2016, in the City of Miami, that our police force will be terrorizing our community. Terrorizing communities -- and police forces terrorizing communities should be something that occurred a long time ago, because it did, and it does not exist any longer here within the City of Miami. I know we've had a recent history where you had police shootings in our community, and we've gotten ourselves past that now. And so, you know, when I think about policing, I think about the tools that they need to be effective at the job, at the -- and it goes without saying that police have now been equipped with things to help them do their job that didn't exist 100 years ago. I mean, there was a time when police officers did not have firearms; then police officers had revolvers. We've let go of revolvers. They don't carry those any longer. You carry the Glock. And then there are other tools and tactics that you have now from tasers to --you let go of the long batons; now you have the ones that extend, et cetera. So there are a number of tools that have changed, and one of the tools that have changed is the assault rifle, which has its place in policing; it has its place in the military; it has its place in officer safety and civilian safety. We do know the -- I understand the need of having an assault rifle, and the type of fire power it gives you when you're trying to settle or have a scene come to a condition which is safe. And so, you know, a comment was made about the County and how in the -- at the downtown station with the County, they have a guard standing with an AR -15, or some sort of assault -style rifle. And I made the comment -- not on the dais, but to someone else before that that doesn't stop that officer -- that doesn't make that oicer any much safer; him standing with that weapon, because if the I'm someone who's intent on causing harm, I know where to go with my simple Glock that I have in my hand to take out that one officer. I can walk right up to him and take him out, if that's the choice that I want to make. And so, you know, there is a look that I think intimidates the public; and the City of Miami, as I've seen most recently, has not taken a stand to have that look. You allowed people in the City of Miami to protest. You've allowed them to show and City of Miami Page 77 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 exercise their First Amendment right without fear of any type of aggression, and I appreciate that from the police force. And what I want is for us -- and from the police force standpoint to be able to -- and Commissioner Suarez, you talked about just seeing those police officers interact with our citizens -- Commissioner Suarez: Right. Chair Hardemon: -- and our children. We have to find a way to change that perception. It doesn't help us that all over the nation, there's issues between police officers and the community, but somehow, we have to come together and show our community that we don't mean them any harm. And I think, if we can do that, that would change the dialogue between the officer and the community. It's something that is really, really needed, and I'm sure you completely understand that. So, you know, this measure isn't being passed without some serious thought. And I think that everyone who holds a firearm -- I don't care if it is an AR -15 or what people call `peashooters" --it can take someone's life, and that's why people carry it. That's it. Police officers don't carry weapons to injure; that's not what it's made for. You're not shooting at someone's arm or leg; that's not what it's intended for. And so, I think that when we have officers --just like we have soldiers that become officers at very young ages, and we have officers that have not been on the force for a long time, or those that have been, but the meaning of pulling that trigger has to be something that we stress is truly something where it is intended to save the life of that officer or someone else who is in danger. Chief Llanes: Yes. Chair Hardemon: And we've seen now in the nation that there was another officer that was indicted on a second degree murder -- or manslaughter charge, and, you know, those things, I'm sure, are shocking to the law enforcement community, but they're incredibly shocking to the people who have suffered at the hands of officers for a very long time, because we're talking about officers and constituents -- I mean, and residents, so I'm not singling out officers. What I'm saying, though, is that we're in a time now where you can see the effect of a mistake that an officer makes with his firearm, and you see how it affects not only that person who was shot, lives - - their family, and that of the general community in the United States of America. And so, you know, we know that we in the City of Miami are not the largest city in the United States; maybe one of the largest in the State of Florida, but people are looking at us. And so I want us to continue to be a force that can be exemplified in the State of Florida and United States, and I think the way that we go about doing it is by doing exactly what you're saying you're going to do, which is looking at our operating standards, improving upon them, making our officers better at what they do, and ensuring that they're better prepared for whatever it is that we're going to go out and handle within our daily work. Now, you know, it's -- I think it's true that when you have officers that come on, that continual training -- I'm -- I know you all do some of -- that continual training is important. Lawyers have continuing legal education requirements, doctors have educational requirements, and our police officers should also do the same thing, and I'm sure they do have -- Chief Llanes: We do. Chair Hardemon: Right. Chief Llanes: Yes, we do. Chair Hardemon: And so, I'm sure you do some things. And so, maybe we have to do a better job of letting people know what we do to keep them safe. City of Miami Page 78 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Commissioner Suarez: Mr. Chair. Chair Hardemon: I think it's needed. Yes. ChiefManes: Thank you. Commissioner Suarez: I just want to wrap it up by saying, I love your comments. I think your comments were 100 percent spot on it. I think that was reflective also in some of the meetings. You know, it was very diff cult for Commissioner Gort and I to cast votes, firing a Police Chief. We had to fire a Police Chief for the actions that led to the deaths of seven African Americans in one year in the City, and it was very difficult, and it was gut -wrenching. It was 3-2 vote; you know, 22 -hour hearing, and, you know, those officers that were involved in those incidents didn't have carbines, but to Leroy's point, the question is what kind of a culture -- Chair Hardemon: Right. Commissioner Suarez: -- did we have as a department? When we're going out there making videos that said, you know, "We're predators; we're going after prey, " and stuff like that, that's the kind of stuff that we really, really need to be careful; and the community involvement, because not having the wrong culture and also having tremendous community input -- and I think, if you have those two things, you'll get buy -in a lot easier from the community on issues or matters like this. Thank you, Chair. Chair Hardemon: You know, the one thing I've seen is that people don't -- some people don't feel safe in their communities already, and so when you have an officer that may abuse them or talk down to them or use more force than what's necessary, you're increasing the level of anxiety they have, and the person they're going to react towards is the police ojflcer, because you can't react that way towards the drug dealer, because you may not be here any longer; but a police officer, you know, you're a professional. The city government, we're here to hear their concerns, and so they're more likely to be in the streets and really cause a ruckus about us; and so, you know, that's just something that we just have to remind people that we're on their team and -- but we have to be serious about it, you know. Chief Llanes: We're also on their payroll. Chair Hardemon: That, too. Chief Llanes: And so, we need to respond to their concerns, and so -- you know, the drug dealers aren't on their payroll; we are, and so I'm very responsive to that and sensitive to that. Chair Hardemon: Okay. Commissioner Gort. Commissioner Gort: My understanding is, when you made that presentation, one of the biggest problem we have, when we have a shooting location that's taken place is the fire -- the medics cannot go in to help those people that been hit or the wounded, because they have to wait until they make sure, so that have saved a lot of -- this process that you're trying to put together will be able to save lives. My understanding is, these rifles are going to be used in a case like that, where the police force will go in first, take care so the medics can go in and save some of the people that have been hurt -- or that been hurt before. That was my understanding, so that's part of the operation or the training so -- City of Miami Page 79 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Chief Llanes: We're kind of unique. We're kind of unique here in the City that we're actually training together; to go in together; that they don't have to wait to actually -- we secure the place in order for them to come in and treat the people. So, if you remember that presentation, it's a team of officers and firefighters who enter an active shooter situation together, and that kind of operation will save lives, because of the time involved in addressing the active shooter; so the officers are training with the rifles, and I would -- you know, I think we'd all be remiss if we're training folks to do something some way, yet we don't give them the equipment that we're training them with in a training scenario, so. Commissioner Gort: But I think it'd be very important for the community to understand the actions -- when those things that take place. Chair Hardemon: So, Chief, I ask you to be extremely sensitive to complaints that you hear from the community about officers using their badge and that rifle to assault people in our community, and I think you understand exactly what I mean by that. Chief Llanes: Yes. Chair Hardemon: So let's remember all of these conversations when those types of complaints come, because I think that everyone here is going to be sensitive to them. Chief Llanes: Yes. Chair Hardemon: (UNINTELLIGIBLE). Commissioner Suarez: Mr. Chair; ifI can just -- Chair Hardemon: Yes. Commissioner Suarez: One -- and in that one point, I -- it went to something the Vice Chair said. He -- based on the community meetings, the Chief went so far as to say that if someone even has it improperly displayed, if they take it out in an improper fashion, that that -- the privilege will be revoked. So if they have it in the back seat improperly, in the front seat, or any way that can be perceived by the community as aggressive in nature in contravention to the policy, then he would revoke the use of that weapon, so. Chief Llanes: Yes. Chair Hardemon: Any further discussion? Hearing none, all in favor of this item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. We'll move to the Planning & Zoning agenda, so we'll conclude the regular scheduled agenda and move to the Planning & Zoning agenda. Todd B. Hannon (City Clerk): Yes, sir. Chair Hardemon: You need 60 seconds? Chair Hardemon: If you can give us about --yes, sir. City of Miami Page 80 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 RE.2 RESOLUTION 1148 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Police ACCEPT GRANT FUNDS IN AN AMOUNT NOT TO EXCEED AYES: $960,000.00 FROM THE UNITED STATES DEPARTMENT OF ABSENT: JUSTICE, OFFICE JUSTICE PROGRAMS, FOR THE FY 16 BODY - WORN CAMERA POLICY AND IMPLEMENTATION PROGRAM ("PROGRAM"); AUTHORIZING REQUIRED CITY OF MIAMI MATCHING FUNDS IN AN AMOUNT NOT TO EXCEED $1,320,915.00, EQUAL TO CITY OF MIAMI IN-KIND SERVICES IN AN AMOUNT NOT TO EXCEED $297,535.00, AND MATCHING FUNDS TO BE ALLOCATED FROM THE GENERAL FUND NON - DEPARTMENTAL ACCOUNT, IN AN AMOUNT NOT TO EXCEED $1,023,380.00, FOR A TOTAL PROGRAM AMOUNT OF $2,280,915.00, FOR THE PERIOD COMMENCING OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2018; ESTABLISHING ANEW SPECIAL REVENUE PROJECT ENTITLED: "FY 2016 BODY -WORN CAMERA POLICY AND IMPLEMENTATION PROGRAM," TO ACCEPT THE GRANT IN A TOTAL AMOUNT NOT TO EXCEED $960,000.00; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO NEGOTIATE AND EXECUTE ANY OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. ENACTMENT NUMBER: R-16-0555 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. For additional minutes referencing item RE.2, please see "Public Comment Period for Regular Items. " Chair Hardemon: I'm going to try to group a few of them together in the REs (resolutions). Is there a motion to -- the Chair would like to entertain a motion to approve RE.2, 4, 5, 7, 8 and 9. Vice Chair Russell: Just a moment. Let me see. Chair Hardemon: No problem. Vice Chair Russell: Speed limits. Commissioner Gort: 2, 4 and 5? Chair Hardemon: Everything on the -- on page 2 of 4, so 2 -- except I -- 2, 4, 5, 7, 8 and 9. Citv, ofMiami Page 81 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon: It's been properly moved and seconded. Is there any discussion on any of those items? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. RE.3 RESOLUTION 1161 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED Police JUNE 6, 2016, FROM VARIOUS TOWING AGENCIES AS IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 612382, FOR CITYWIDE TOWING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE TOWING/WRECKER AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE QUALIFIED RESPONSIVE AND RESPONSIBLE TOWING AGENCIES FOR SAID SERVICES, FOR AN INITIAL CONTRACT PERIOD OF FIVE (5) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL FIVE (5) YEAR PERIOD; FURTHER AUTHORIZING THE CITY MANAGER, IN ACCORDANCE WITH THE RFQ, THE ABILITY TO ADD QUALIFIED TOWING AGENCIES TO THE CONTRACT WHEN DEEMED IN THE BEST INTEREST OF THE CITY WITHOUT FURTHER CITY COMMISSION AUTHORIZATION; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND MODIFICATIONS TO THE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. MOTION TO RESULT: MOVER: SECONDER AYES: Defer DEFERRED Francis Suarez, Commissioner Frank Carollo, Commissioner Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item RE.3 was deferred to the January 26, 2017 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing item RE.3, please see "Order of the Day. " City ofMiami Page 82 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 RE.3 RESOLUTION 1161 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED Police JUNE 6, 2016, FROM VARIOUS TOWING AGENCIES AS AYES: IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, ABSENT: PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 612382, FOR CITYWIDE TOWING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE TOWING/WRECKER AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE QUALIFIED RESPONSIVE AND RESPONSIBLE TOWING AGENCIES FOR SAID SERVICES, FOR AN INITIAL CONTRACT PERIOD OF FIVE (5) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL FIVE (5) YEAR PERIOD; FURTHER AUTHORIZING THE CITY MANAGER, IN ACCORDANCE WITH THE RFQ, THE ABILITY TO ADD QUALIFIED TOWING AGENCIES TO THE CONTRACT WHEN DEEMED IN THE BEST INTEREST OF THE CITY WITHOUT FURTHER CITY COMMISSION AUTHORIZATION; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND MODIFICATIONS TO THE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. For minutes referencing Item RE.3, please see final action on said item. Citv, ofMiami Page 83 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 RE.3 RESOLUTION 1161 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED Police JUNE 6, 2016, FROM VARIOUS TOWING AGENCIES AS AYES: IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, ABSENT: PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 612382, FOR CITYWIDE TOWING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE TOWING/WRECKER AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE QUALIFIED RESPONSIVE AND RESPONSIBLE TOWING AGENCIES FOR SAID SERVICES, FOR AN INITIAL CONTRACT PERIOD OF FIVE (5) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL FIVE (5) YEAR PERIOD; FURTHER AUTHORIZING THE CITY MANAGER, IN ACCORDANCE WITH THE RFQ, THE ABILITY TO ADD QUALIFIED TOWING AGENCIES TO THE CONTRACT WHEN DEEMED IN THE BEST INTEREST OF THE CITY WITHOUT FURTHER CITY COMMISSION AUTHORIZATION; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND MODIFICATIONS TO THE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. Item RE.3 was continued to the December 8, 2016, Regular Commission Meeting. Note for the Record. For additional minutes referencing item RE.3, please see "Order of the Day. " Commissioner Gort: Mr. Chairman. Chair Hardemon: You're recognized, sir. Commissioner Gort: I was asking about RE.3 that was deferred to January 3, and I'd like to know the reason why it was deferred, because this is something we've been working on for the last six months. I think we have been going through the -- through all the process for the last six months, and I want to see why the deferral to January, if any specific reason for it. Commissioner Suarez: Mr. Chair. Chair Hardemon: You're recognized. Citv, ofMiami Page 84 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 Commissioner Suarez: I mean, I've met with some of the towing operators. This has been a process that has taken, as you know, Commissioner, months and months, if not years. There were supposed to be symposiums, or symposiums were supposed to manifest themself [sic] into changes to the RFP (Request for Proposals) and to the process. I've met with some companies that have come and expressed some concerns about it, so that's why I brought it to the Commission as a deferral. I think -- I don't think the status quo is necessarily a negative thing. We've been operating under the status quo for a long period of time. And I asked the Commission to defer it; they agreed with it; itpassed. Commissioner Gort: Well -- Commissioner Suarez: So -- Commissioner Gort: -- I understand, but I was not -- I did not realize that that was the issue -- or the item that I was referring at that time. If not, I would have spoken at that time, because I think, going all the way to January -- why don't we just do it next month? I mean -- If you don't mind, Commissioner; I'm asking respectfully. Commissioner Suarez: Fine. I will -- and you have to make a motion to reconsider that deferral. Commissioner Gort: So moved. Commissioner Suarez: So I will second it, and I will move to defer it till December 8 rather than -- is that okay? Chair Hardemon: Correct. Commissioner Gort: Yes. Thankyou. Chair Hardemon: So the motion on the floor is to reconsider the deferral of RE.3? Todd B. Hannon (City Clerk): Yes. Chair; my -- if we could just vote on the reconsideration first. Commissioner Suarez: Sure. Chair Hardemon: Right. That's what I'm doing. That's the motion on the floor. All in favor of that motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: It's been properly moved and seconded, reconsideration of RE. 3. RE. 3, is there a motion to defer? Commissioner Suarez: Move to defer it to December 8. Commissioner Gort: Second. Chair Hardemon: Been properly moved and seconded. Any further discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Its carried. City of Miami Page 85 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 RE.4 RESOLUTION 1019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Public ATTACHMENT(S), ACCEPTING THE BID RECEIVED APRIL 7, 2016, Works PURSUANT TO INVITATION FOR BIDS NO. 15-16-019 FROM TEXAS AQUATIC HARVESTING, INC., THE SOLE REMAINING RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "CITYWIDE CANAL CLEANING CONTRACT, M-0111", FOR AN INITIAL TERM OF TWO (2) YEARS, IN AN AMOUNT NOT TO EXCEED $1,653,792.00, WITH THREE (3) ONE (1) YEAR OPTIONS TO RENEW, IN AN AMOUNT NOT TO EXCEED $826,896.00 PER YEAR, WITH FUNDS ALLOCATED FROM THE STORM WATER ACCOUNT AND OTHER FUNDING SOURCES; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID OPTIONS TO RENEW, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO THE CONTRACTOR'S PERFORMANCE, THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. ENACTMENT NUMBER: R-16-0556 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo Suarez Note for the Record: For minutes referencing item RE.4, please see item RE.2. City of Miami Page 86 Printed on 111312017 City of Miami Page 86 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 RE.5 RESOLUTION 1133 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Parks and EXECUTE AN INTERLOCAL MANAGEMENT Recreation AGREEMENT("AGREEMENT"), IN SUBSTANTIALLY THE ABSENT: ATTACHED FORM, WITH THE DEPARTMENT OF OFF-STREET PARKING A/K/A MIAMI PARKING AUTHORITY ("MPA"), AN AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI ("CITY"), FOR THE MANAGEMENT AND OPERATION OF THE PARKING FACILITIES SERVICING CITY -OWNED AND OPERATED PARKS, FOR A PERIOD OF FIVE (5) YEARS, WITH AN OPTION TO EXTEND FOR ONE (1) ADDITIONAL PERIOD OF FIVE (5) YEARS, FOR A TOTAL TERM THAT SHALL NOT EXCEED TEN (10) YEARS, WITH THE SAME TERMS AND CONDITIONS AS SET FORTH IN SAID AGREEMENT; FURTHER PROVIDING THAT EITHER PARTY SHALL HAVE THE RIGHT TO TERMINATE SAID AGREEMENT AT ANYTIME UPON PROVIDING NO LESS THAN ONE HUNDRED TWENTY (120) DAYS PRIOR WRITTEN NOTIFICATION OF TERMINATION. =1 41/_T"IIT, I=1kq Ill i41L11111Ji14=1:M:aI-S11~7il MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. For minutes referencing item RES, please see "Public Comment Period for Regular Items. " Note for the Record. For additional minutes referencing item RE.S, please see item RE.2. City ofMiami Page 87 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 RE.6 RESOLUTION 1190 A RESOLUTION OF THE MIAMI CITY COMMISSION CLARIFYING Commissioners INSTRUCTIONS IN RESOLUTION R-14-0421 DATED OCTOBER Office of Capital 23, 2014 AUTHORIZING THE CITY MANAGER TO ACCEPT Improvements PUBLIC BENEFIT IMPROVEMENTS PURSUANT CITY OF MIAMI ZONING ORDINANCE 13114 SECTION 3.14 TO E. PALLOT PARK IN AN AMOUNT OF IMPROVEMENTS OF A MINIMUM OF TWO MILLION, FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FROM DEVELOPER, THE MILTON FAMILY, BY AND THROUGH THE NILDA MILTON REVOCABLE TRUST, FURTHERMORE SUBJECT TO THE PASSAGE OF A RESOLUTION AT A FUTURE DATE, BY A FOUR-FIFTHS (4/5TH) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING TO CONSTRUCT A SEAWALL AT PALLOT PARK, LESS ANY WALKWAY OR FILL NEEDED FOR SAID PROJECT AT A COST NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS ($600,000) AS PART OF THE PUBLIC BENEFIT PROGRAM FOR E. PALLOT PARK. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Reeord: For minutes refereneing item RE. 6, please see "Order of the Day. " RE.7 RESOLUTION 1219 A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A Commissioners NOISE WAIVER FOR MIAMI ART WEEK RELATED EVENTS and Mayor PURSUANT TO SECTIONS 36-4(A) AND (B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION", AND AN EXTENSION OF ALCOHOL SALES THROUGH 5:00 A.M. PURSUANT TO SECTION 4-3.1(A)(7) OF THE CITY CODE, ENTITLED "SALES", FOR THE WYNWOOD CAFE DISTRICT AND THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT DURING MIAMI ART WEEK OCCURRING FROM NOVEMBER 30, 2016 THROUGH DECEMBER 4, 2016. ENACTMENT NUMBER: R-16-0558 City ofMimni Page 88 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez RE.7 RESOLUTION 1219 A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A Commissioners NOISE WAIVER FOR MIAMI ART WEEK RELATED EVENTS and Mayor PURSUANT TO SECTIONS 36-4(A) AND (B) OF THE CODE OF AYES: THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ABSENT: ENTITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION", AND AN EXTENSION OF ALCOHOL SALES THROUGH 5:00 A.M. PURSUANT TO SECTION 4-3.1(A)(7) OF THE CITY CODE, ENTITLED "SALES", FOR THE WYNWOOD CAFE DISTRICT AND THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT DURING MIAMI ART WEEK OCCURRING FROM NOVEMBER 30, 2016 THROUGH DECEMBER 4, 2016. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort RE.7 RESOLUTION 1219 A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A Commissioners NOISE WAIVER FOR MIAMI ART WEEK RELATED EVENTS and Mayor PURSUANT TO SECTIONS 36-4(A) AND (B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION", AND AN EXTENSION OF ALCOHOL SALES THROUGH 5:00 A.M. PURSUANT TO SECTION 4-3.1(A)(7) OF THE CITY CODE, ENTITLED "SALES", FOR THE WYNWOOD CAFE DISTRICT AND THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT DURING MIAMI ART WEEK OCCURRING FROM NOVEMBER 30, 2016 THROUGH DECEMBER 4, 2016. ENACTMENT NUMBER: R-16-0558 City ofMimni Page 89 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: For additional minutes referencing item RE. 7, please see "Public Comment Period for Regular Items. " Note for the Record: For additional minutes referencing item RE. 7, please see item RE.2. Todd B. Hannon (City Clerk): Okay, Chair. Chair Hardemon: Thank you again. Once again, we are opening the regular agenda meeting for November 17, 2016 The Chair would like to request a motion to reconsider agenda item RE. 7. Commissioner Carollo: Motion to reconsider RE. 7. Commissioner Suarez: Second. Chair Hardemon: It's been properly moved and second to reconsider. There is no discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Victoria Mendez (City Attorney): Thank you, Chairman. It's just to amend the title to include the Wynwood Business Improvement District, along with the Wynwood Cafe District, to be able to have the waivers for noise and extension of alcohol sales, and we wanted to clarify thatfor the record. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded, in accordance with what the City Attorney as stated. Is there any further discussion about that item? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Ms. Mendez: As amended. Chair Hardemon: Motion passes, as amended. Ms. Mendez: Thank you. Chair Hardemon: Thankyou very much. City of Miami Page 90 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 RE.8 RESOLUTION 1265 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, Commissioners PURSUANT TO SECTION 54-341(E) OF THE CODE OF THE CITY and Mayor OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), THE AYES: RESTRICTION CONTAINED IN SECTION 54-341(C)(2) OF THE ABSENT: CITY CODE THAT PROHIBITS MORE THAN ONE (1) SPECIAL EVENT PER MONTH FROM INVOLVING STREET CLOSURES, FOR THOSE SPECIAL EVENTS OCCURRING WITHIN THE BOUNDARIES OF THE "COCONUT GROVE SPECIAL EVENTS DISTRICT", TO ALLOW FOR THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT "COCONUT GROVE HOLIDAY VILLAGE" AND THE 35TH KING MANGO STRUT TO TAKE PLACE ON DECEMBER 3, 2016 AND DECEMBER 31, 2016, RESPECTIVELY, WITH STREET CLOSURES. MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. For minutes referencing item RE.8, please see item RE.2. RE.9 RESOLUTION 1039 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING THE OFFICE OF TRANSPORTATION AND THE and Mayor DEPARTMENT OF PUBLIC WORKS TO PROCEED WITH THE DEVELOPMENT OF A PLAN TO IMPLEMENT A TWENTY-FIVE (25) MILES PER HOUR SPEED LIMIT ON STREETS IN LOW DENSITY RESIDENTIALLY ZONED NEIGHBORHOODS CLASSIFIED AS PART OF THE CITY OF MIAMI STREET SYSTEM. ENACTMENT NUMBER: R-16-0560 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT. Carollo, Suarez Note for the Record. For minutes referencing item RE.9, please see "Public Comment Period for Regular Items. " Note for the Record. For additional minutes referencing item RE.9, please see item RE.2. City ofMimni Page 91 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 RE.10 RESOLUTION 1140 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING MOVER: THE CITY ADMINISTRATION TO STUDY THE FEASIBILITY OF Commissioners COMBINING THE CITY OF MIAMI'S SUMMER YOUTH and Mayor EMPLOYMENT & FINANCIAL EMPOWERMENT PROGRAM WITH ABSENT: THE SUMMER YOUTH INTERNSHIP PROGRAM, A If you would like to include 16, we can. PARTNERSHIP BETWEEN MIAMI-DADE COUNTY, THE No. I'd like commentary on that one. The others -- no, I'm fine. CHILDREN'S TRUST, THE SCHOOL BOARD OF MIAMI-DADE And Mr. Manager, is there an amendment that needs to go along COUNTY AND THE FOUNDATION FOR NEW EDUCATION INITIATIVES THAT CONNECTS YOUTH TO SUMMER INTERNSHIP OPPORTUNITIES; FURTHER DIRECTING THE CITY ADMINISTRATION TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE CITY COMMISSION WITHIN SIXTY (60) DAYS. ENACTMENT NUMBER: R-16-0561 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wilfredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Chair Hardemon: Okay, we're looking at the second part of the RE (resolution) agenda, so we have RE. 10, 11, 12, 13, 14, 15, and 16. Is there a motion to approve 10 through 15? Vice Chair Russell: Just a moment. Commissioner Gort: 10 -- Vice Chair Russell: 10 through --? Chair Hardemon: 10 through 15. Vice Chair Russell: 15. Not including -- Did 16 get --? Chair Hardemon: We haven't -- we have not completed 16 just yet, but I didn't know if anyone might have had a comment about it. That's all. Vice Chair Russell: Okay. Chair Hardemon: If you would like to include 16, we can. Vice Chair Russell: No. I'd like commentary on that one. The others -- no, I'm fine. Chair Hardemon: And Mr. Manager, is there an amendment that needs to go along with 13 and 14? Daniel J. Alfonso (City Manager): We didn't have one on our side, but -- Commissioner Carollo might have wanted to make an amendment. City of Miami Page 92 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 Vice Chair Russell: On 13? Mr. Alfonso: You have information? All right, sorry. Chris has the information; if you'd like to put it on the record. Chair Hardemon: Okay. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. Commissioner Carollo asked that we move money from his general "B" number -- District 3 "B" number to safety, lighting, and closed- circuit TVs (televisions), in the amount of $750, 000. Chair Hardemon: And is that for RE. 14 or 13? Mr. Rose: 14. 14, sir. Chair Hardemon: RE. 14. So the Chair would like to entertain a motion to approve RE. 10 through RE. 16, in addition to RE. 14 having the amendments that were stated on the record by our Budget director. Mr. Alfonso: By Chris Rose, the Budget director, yes. And there was a substitution that had been sent to the Commissioners on the -- what's that called? The -- Mr. Rose: RE. 13, sir; the year-end budget amendment. Chair Hardemon: All right. Everyone got a copy of that. Mr. Alfonso: The legislation. Chair Hardemon: Right. Everyone got a copy of the -- Vice Chair Russell: Resolution. Commissioner Gort: Yes. Chair Hardemon: Everyone received a copy, right? Commissioner Gort: Can you go over the RE's again? Chair Hardemon: Sure. So what I'm asking for is a motion to approve RE.10 through 16. Vice Chair Russell: No, 15. Chair Hardemon: Oh, you want 15? Okay. RE. 10 through 15, to include also -- Commissioner Gort: The amendment. Chair Hardemon: -- the amendment that was added by our Budget director for RE.14, and also to include the substitution for RE. 13 -- Mr. Rose: Yes, sir. Chair Hardemon: -- that we all received. Mr. Alfonso: Correct. City of Miami Page 93 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon: Been properly moved and seconded. Is there any further discussion? Seeing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. RE.11 RESOLUTION 1326 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MOVER: U.S. ARMY CORPS OF ENGINEERS, THE FLORIDA Commissioners DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND THE and Mayor SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO TAKE ABSENT: ALL STEPS NECESSARY TO EXPEDITE AND COMPLETE THE CONSTRUCTION OF PHASE I OF THE BISCAYNE BAY COASTAL WATERS ("BBCW") PROJECT; FURTHER URGING THE U.S. ARMY CORPS OF ENGINEERS, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO TAKE ALL STEPS NECESSARY TO EXPEDITE THE PLANNING OF PHASE II OF THE BBCW PROJECT SO THAT SUCH PLANNING OCCURS AS SOON AS POSSIBLE AND PRIOR TO THE CURRENT SCHEDULED DATE OF 2021; DIRECTING THE CITY OF MIAMI'S STATE AND FEDERAL LOBBYISTS TO ADVOCATE FOR ADMINISTRATIVE ACTION THAT WOULD ACCOMPLISH THE GOALS SET FORTH IN THIS RESOLUTION AND DIRECTING THE CITY ADMINISTRATION TO INCLUDE THIS ITEM IN ITS LEGISLATIVE PRIORITIES FOR THE 2017 LEGISLATIVE SESSION AND FUTURE LEGISLATIVE SESSIONS; FURTHER DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. ENACTMENT NUMBER: R-16-0562 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. For minutes referencing item RE.]], please see "Public Comment Period for Regular Items. " Note for the Record. For additional minutes referencing item RE.]], please see item RE. 10. Chy ofMimui Page 94 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 RE.12 RESOLUTION 1230 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE Management and CITY OF MIAMI, FLORIDA ("CITY") TO ISSUE TAX-EXEMPT AND Budget TAXABLE SPECIAL OBLIGATION BONDS IN THE EXPECTED ABSENT. TOTAL MAXIMUM PRINCIPAL AMOUNT OF FORTY-FIVE MILLION DOLLARS ($45,000,000.00) IN ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH SPECIAL OBLIGATION BONDS FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO CERTAIN CAPITAL IMPROVEMENTS PROJECTS AT THE MIAMI MARINE STADIUM AND THE ASSOCIATED WELCOME CENTER AND MUSEUM COMPLEX; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AND AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER, IN CONSULTATION WITH THE CITY ATTORNEY AND BOND COUNSEL, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY, AS THE CITY MANAGER DEEMS NECESSARY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; FURTHER AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI- YEAR CAPITAL PLAN PREVIOUSLY ADOPTED SEPTEMBER 6, 2016 AS SUBSEQUENTLY AMENDED. ENACTMENT NUMBER: R-16-0563 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT. Carollo, Suarez Note for the Record. For minutes referencing item RE.12, please see "Public Comment Period for Regular Items. " Note for the Record. For additional minutes referencing item RE.12, please see item RE. 10. RE.13 RESOLUTION 1221 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING AMENDMENTS TO Office of APPROPRIATIONS RELATING TO OPERATIONAL AND Management and BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING Budget SEPTEMBER 30, 2016 ("FISCAL YEAR 2015-16"). ENACTMENT NUMBER: R-16-0564 City of Mimni Page 95 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. For minutes referencing item RE.13, please see item RE.10. RE.14 RESOLUTION 1216 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), ADDING CAPITAL PROJECTS TO THE FISCAL Management and YEAR 2016-17 MULTI-YEAR CAPITAL PLAN ADOPTED Budget SEPTEMBER 6, 2016, PURSUANT TO RESOLUTION NO. 16-0393, ABSENT: AS SUBSEQUENTLY AMENDED ON SEPTEMBER 20, 2016, PURSUANT TO RESOLUTION NO. 16-0445 AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING AND RE -APPROPRIATING FUNDING FOR THE EXISTING AND ADDED PROJECTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND GRANTS IN PROGRESS. ENACTMENT NUMBER: R-16-0565 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. For minutes referencing item RE.14, please see item RE.10. City ofMianai Page 96 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 RE.15 RESOLUTION 1102 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), ACCEPTING THE BID RECEIVED SEPTEMBER Improvements 12, 2016, PURSUANT TO INVITATION TO BID ("ITB") NO. 15-16- AYES: 037, FROM CHEROKEE ENTERPRISES, INC., THE SOLE ABSENT: RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE CURTIS PARK ENVIRONMENTAL REMEDIATION DISTRICT 1 PROJECT, IN THE AMOUNT OF $3,965,000.00 FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $396,500.00, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $4,361,500.00; ALLOCATING FUNDS FROM OFFICE OF CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 40610; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, AND TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. =1 41/_T"IIT, I=1 14,kikiL11111Ji14=1:M:aI.S11~fl-3l MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record: For minutes referencing item RE.15, please see item RE.10. City ofMianai Page 97 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 RE.16 RESOLUTION 1212 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset EXECUTE AN ASSIGNMENT AND ASSUMPTION AGREEMENT Management AND TERMINATION OF SUBLEASE ("ASSIGNMENT"), IN ABSENT: SUBSTANTIALLY THE ATTACHED FORM, FOR THE LEASE AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC., A FLORIDA CORPORATION ("ASSIGNOR"), DATED SEPTEMBER 2, 1997, AS AMENDED ("LEASE"), AND THE ASSIGNOR'S SUBTENANT, PJG WATSON ISLAND, L.L.C., A FLORIDA LIMITED LIABILITY COMPANY ("SUBTENANT"), FOR THE DEVELOPMENT AND OPERATION OF JUNGLE ISLAND; APPROVING THE TRANSFER OF THE JUNGLE ISLAND LEASEHOLD INTEREST, LOCATED ON WATSON ISLAND, MIAMI, FLORIDA, TO ESJ J.I. LEASEHOLD, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("ASSIGNEE"); CONTINGENT UPON THE CITY'S REVIEW AND APPROVAL OF ALL BACKGROUND CHECKS REQUESTED BY THE CITY, COMPLETION OF THE CITY'S AUDIT OF ALL DEFERRED RENT THROUGH 2013 AND ALLOWING FOR THE CITY'S ONGOING AUDIT OF ALL ACCRUED UNPAID RENT FROM 2013 THROUGH 2016 IN ADDITION TO ANY AND ALL LOANS AND SUCH OTHER OUTSTANDING AMOUNTS THAT MAY BE OWED TO MIAMI-DADE COUNTY ("COUNTY") AND THE CITY TO SURVIVE THE CLOSING, IF NOT FINALIZED BY THEN, WITH PAYMENT OF MONETARY DIFFERENCES OWED THE CITY PAID FROM A PRE -DETERMINED AMOUNT APPROVED BY THE CITY AND SET ASIDE IN AN ESCROW ACCOUNT, IF NECESSARY; PROVISION OF THE COUNTY'S LOAN ASSUMPTION JOINDER AND CONSENT AGREEMENT IN A FORM COMPARABLE WITH THIS ASSIGNMENT AND ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING THE CITY A TRANSFER FEE OF A MINIMUM OF APPROXIMATELY ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00); WITH SUCH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE LEASE. ENACTMENT NUMBER: R-16-0567 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. For additional minutes referencing item RE.16, please see "Public Comment Period for Regular Items. " Note for the record. For additional minutes referencing item RE.16, please see item RE. 10. Chair Mardemon: Okay, RE.16. 0tv, of Miami Page 98 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 Daniel J. Alfonso (City Manager): All right. RE. 16, Commissioners, is the transfer of the Parrot Jungle property to the new investors that want to take over that site. We are recommending approval. There's a $150,000 transfer fee that is included in this. And do you have any other questions on this? Mr. Rotenberg will be glad to answer. Commissioner Gort: I have questions. Daniel Rotenberg: Good afternoon, Commissioners. Daniel Rotenberg, director of Real Estate & Asset Management. RE.16 is the transfer of the lease, and the assumption from -- on Parrot Jungle from the current lessees to ESJ, which is going to be the new lessee. Vice Chair Russell: Thank you. Mr. Rotenberg, is there any substantive change from the original lease to the new lease that will be assumed? Mr. Rotenberg: Substantive, no. Vice Chair Russell: Can you address the concern that one of the constituents brought up this morning regarding the HUD (Department of Housing and Urban Development) monies for jobs, and that they weren't fulfilled, that penalties weren't assessed, and will that be transferring those requirements into the new owner? Mr. Alfonso: Dan. Mr. Rotenberg: I -- Mr. Alfonso: Hold on. Do you know who's (UNINTELLIGIBLE)? Mr. Rotenberg: I was going to say, I think Community Development needs to deal with that. Mr. Alfonso: Community Development, answer that. And Commissioners, we sent the report to the Commission noting the required number of jobs and the ones that have been provided. That was sent in a memo to you all, but go ahead. Alfredo Duran (Deputy Director): Alfredo Duran, with the Department of Community Development. My understanding is the new lessees are -- the old lessees did not meet the job requirements; they were off by about 200, but the new lessees are going to assume that responsibility. Vice Chair Russell: Is the reason that business was down at the park and they just didn't need that many employees or was there -- why were they missing the mark in that? Mr. Duran: I do not have the answer to that question. Chair Hardemon: I will say, typically, back in the day, when these types of agreements were created, they never had any teeth, so I'm going to assume that this one, as well, didn't have the teeth that were necessary to -- for any type of punishment for them if they didn't meet that goal. Vice Chair Russell: So that was my next question. Chair Hardemon: It was all usually aspirational (UNINTELLIGIBLE). City of Miami Page 99 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Vice Chair Russell: Was there a penalty for not meeting the goal, and was that penalty assessed? Mr. Duran: My understanding is that there has not been a HUD (Department of Housing and Urban Development) penalty on this. Vice Chair Russell: Uh-huh. Mr. Duran: It's still an ongoing task that they need to meet. Vice Chair Russell: Okay. So it's an aspirational goal, but there is no repercussion for not meeting the goal? Mr. Duran: You do need to meet your goal. Eventually, you do need to meet your goal. Vice Chair Russell: That doesn't affect your -- the HUD loan or anything if you don't meet the goal? Mr. Duran: No. Again, this is a HUD -- this is a County 108 loan -- Vice Chair Russell: Right. Mr. Duran: -- that we have an obligation to. But my understanding is that there has not been any HUD repercussions on it, and they are ongoing, and they will assume that responsibility to complete it. Vice Chair Russell: Thank you very much. And I guess I would like to hear from the transferee to understand their plans to meet those obligations that is within their business plan. Alexander Tachmes: Good afternoon. Alex Tachmes, with Shuts and Bowen, 200 South Biscayne Boulevard, representing ESJ Capital Partners; Commissioner Russell, which is the transferee here. So we are very much looking forward to acquiring leasehold interest in the park. Our clients are based in Aventura, Florida, and are very experienced real estate managers, and have a portfolio of about $500 million in properties. They are under contract to acquire the leasehold interest from the current lessee. And as we've discussed, Commissioner, when we met with you, we've got a series of improvements we're planning on making in the short term, which will equate to about $10 million or so in investments to the park, and we are very bullish on the park and believe that once we make those investments, we think it'll drive more individuals to the park, drive more revenue, and ultimately more jobs. Vice Chair Russell: Thank you. And then finally, while I've got you both up here, I just wanted to make sure for the public's sake that we're fully transparent in this transfer. There's always rumors, and people have their own assumptions of what these deals mean or don't mean or what's coming in the future. I know there's been discussion of potential hotel development. I understand that is not in your current plans, but I would just like to understand what the interpretation is right now of the original ballot language that allowed this lease to happen. Does that allow for the development of a hotel, or would we need to go back to referendum to do that sort of development? Mr. Rotenberg: It would require a change in the zoning, and it would require a referendum, yes. City of Miami Page 100 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Vice Chair Russell: Are you in agreement with that? Mr. Tachmes: Commissioner, we'll defer to the City Attorney's view on it. Victoria Mendez (City Attorney): Our position is you would have to go back to referendum for the hotel. Vice Chair Russell: Thank you. In that case, I'll move it. Commissioner Suarez: Second. Discussion. Chair Hardemon: It's been properly moved and seconded. One thing I do have to ask. I know we talk a lot about the number of jobs that it's going to create, and I know they've created jobs in the past; maybe not to the extent in which we believe that the jobs would be there, but what's the minimum pay that someone who's working at Jungle Island is actually receiving? And who -- I guess, what percentage ofjobs would fit under that type ofpay? Ifyou could, give me a rough estimate. Mr. Tachmes: Commissioner -- Mr. Chairman, sorry -- let me have the current lessee come and address that, since they're the ones who are running the park at this time. John Dunlap: John Dunlap, 1717 North Bayshore Drive, Miami. I am currently the operator of the park. To answer your question directly, the majority of our jobs are low- and moderate -income jobs, starting at minimum wage, but leading up to, you know, management and increased management level jobs. A significant portion of the jobs that will be created will also be low- and moderate -income jobs, so Lifeguards; you know, zip line attendants for our zip lines that we're constructing, et cetera. So does that--? Chair Hardemon: Okay. Commissioner Suarez, you wanted to add something before you --? Commissioner Suarez: Yeah. I just wanted to commend the operator, who are here. You know, I've had a lot of special moments there, including my inauguration as president of the League of Cities, my sisters' three weddings, et cetera, et cetera. It's a beautiful venue, and they've kept it up in a very nice way, and it makes our City proud, so I just wanted to commend them for that. Commissioner Gort: Mr. Chairman. Chair Hardemon: Yes, you're recognized. Commissioner Gort: A lot of questions came up, and I'm sure we can answer, and to make clear that everybody understand what this transaction is, my understanding is that that -- to HUD, it's going to be assumed by the new individuals coming in; they're going to be taking care of those, and it's going to be their responsibility. Am I correct? Mr. Rotenberg: That is correct. They're assuming the entire lease. Commissioner Gort: And by the way, when the voters voted for this, they thought it would be a great idea to have some additional amenities for the tourism coming to Miami. We have so many people coming to downtown Miami right now and the City of Miami, which I think the new proposal's going to be a great feature for the tourists and additional amenities that we're going to have in the City of Miami; make sure that people stay here more days. City, of Miami Page 101 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Mr. Rotenberg: Correct. Vice Chair Russell: Mr. Rotenberg, I understand -- well, we agreed last year that the Parks Department is interested in investing $200,000 of City budget into the Japanese Park next to -- that's attached to Parrot Jungle, and the Japanese Consul General's offered also to help find sponsorship through companies and partnerships. I understand there's been some discussions with the -- acquiring with the new lessee. Is there anything formalized in this agreement that ties together that joint investment to help improve the gardens next door? Mr. Rotenberg: At this point, it doesn't, because they're assuming the existing lease, and it was removed in one of the amendments, the obligation of Jungle Island or Parrot Jungle at that point to take care of the gardens. There is no -- Vice Chair Russell: An earlier amendment; not in this transaction? Mr. Rotenberg: An earlier amendment; nothing to do with the current assumption. The obligation was removed. It doesn't exist right now. If we are so directed, we can have a discussion with the new lessee and bring it up to them. Vice Chair Russell: They have expressed their interest in doing joint operations, even access and such. They see it as an asset that would add to theirs. Is there a way to concretize that amendment in this today and still pass it forward? Mr. Rotenberg: I can tell you with the timing that we have in this, it wouldn't be possible, but we can use good faith to go ahead and to put that into writing. Vice Chair Russell: Mr. Tachmes? Mr. Tachmes: Yeah. Commissioner, you know, the reso and the assignment document have been heavily lawyered and discussed, so I'd rather not make a revision to that, if possible. But I will tell you on the record now, on behalf of ESJ, we are interested in meeting with the City and working something out relating to the Japanese Gardens. It's right next to our park, so we don't want an unattractive asset right next to a park where we're going to be investing a lot of money into, so we're happy to meet tomorrow, if you like, and start the discussions. Vice Chair Russell. Gladly. Yes. I do remember that the original lease agreement had a cooperative maintenance agreement in there and such, and that had been amended out. I never did understand fully why that was erased from the original Jungle Island agreement, but I'm glad you're interested in it, and I will go on good faith that we work forward from here. Mr. Tachmes: Thank you. Commissioner Gort: Mr. Chair. Vice Chair Russell: Regarding the minimum wage discussion, if I could, because your question was very true; and people might be confused that not just 20 minutes ago, we passed a living wage in the City of Miami, but that was for service providers to the City of Miami. We actually do not at this point have the ability to mandate leaseholders and their employees, if I'm not mistaken, a living wage, something that believe we're preempted by State law, so I look forward to working with our State legislatures and later -- Legislators on improving that. But in the meantime, I trust that you will treat your employees and those who are at the lowest end of the scale with the greatest dignity and pay that's possible within your profit structure to make City, of Miami Page 102 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 sure that they can live in Miami and enjoy the park and all of the amenities that we have, as well. Thankyou. I'll move it. Commissioner Gort: Mr. Chairman. Chair Hardemon: It's already been properly moved -- Vice Chair Russell: It's been moved. Chair Hardemon: -- and seconded. Yes, you're recognized, Commissioner Gort. Commissioner Gort: I just like to inform you that the Japanese Garden back in the '80s was a great place; that people would go there. You had a lot of people that visited the Japanese Garden and thought it was a beautiful place. And photographers and pictures for the fif --for the quinces and weddings were taken in that area, so that's something could be an additional amenity you can add to the park. Chair Hardemon: Any further discussion? Hearing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Tachmes: Thank you very much. END OF RESOLUTIONS City of Miami Page 103 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 I:1l)e:111J Bic] A I BU.1 BUDGET DISCUSSION ITEM 1207 MONTHLY REPORT Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF THE MANAGEMENT AND Budget BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair Hardemon: BU.1. BU.1, you're recognized, sir. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. We're only 47 days into the fiscal year, so we don't really have trends developing yet. But as we wrote in the end -of -year closeout memos, we are expecting last year to end at a hundred and thirty-two million point six, which is above the hundred and twelve million target in the financial integrity principles. I'll be happy to take any questions you may have at this time. Chair Hardemon: If there are no questions, thank you very much, sir. Mr. Rose: Thank you, Commissioners. Chair Hardemon: Absolutely. END OF BUDGET City of Miami Page 104 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 I:YWIIII *97e1:711:W I I1XI161►T, I►vi I Ill i 9 211 2p� BCA RESOLUTION 1063 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A Clerk TERM AS DESIGNATED HEREIN. APPOINTEE: Sonja Bogensperger ENACTMENT NUMBER: R-16-0529 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo NOMINATED BY: Mayor Tomas Regalado Chair Hardemon: Let's have the budget, BU.1. While we're waiting on BU.1, let's do the committees, the boards and committees. Todd B. Hannon (City Clerk): Good afternoon, Commissioners. BC.1, Arts & Entertainment Council: Mayor Regalado will be reappointing Sonia Bogensberger. Chair Hardemon: Is there a motion? Vice Chair Russell: Move it. Commissioner Gort: Move it. Chair Hardemon: It's been moved and seconded. Any discussion? Hearing none, motion passes. City of Miami Page 105 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 BC.2 RESOLUTION 1067 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS Clerk AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: BC.3 1068 Office of the City Clerk RESULT: NO ACTION TAKEN Chair Keon Hardemon Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon City ofMimni Page 106 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 BCA RESOLUTION 1069 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE Clerk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: BC.5 1070 Office of the City Clerk Vice Chair Ken Russell Commissioner Frank Carollo RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel City ofMiand Page 107 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 BC.6 RESOLUTION 1336 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS Clerk DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: BC.7 1337 Office of the City Clerk (Alternate Member) FRESULT: RESOLUTION NO ACTION TAKEN Commission -At -Large A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez RESULT: NO ACTION TAKEN City ofMimni Page 108 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 BC.8 RESOLUTION 1072 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN Clerk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Chair Keon Hardemon Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez RESULT: NO ACTION TAKEN City ofMimni Page 109 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 BC.9 RESOLUTION 1074 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS Clerk AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Francis Suarez City Manager Daniel J. Alfonso (Ex -Officio Non -Voting Member) City Manager Daniel J. Alfonso (Ex -Officio Non -Voting Member) City Manager Daniel J. Alfonso (Ex -Officio Non -Voting Youth Member) RESULT: NO ACTION TAKEN City of Miami Page 110 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 BC.10 RESOLUTION 1338 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: BC.11 1076 Office of the City Clerk Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo IAFF FOP RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Tomas Regalado Chair Keon Hardemon Vice Chair Ken Russell City, of Miami Page 111 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 BC.12 RESOLUTION 1339 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A Clerk TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: David Berley ENACTMENT NUMBER: R-16-0530 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Commissioner Wifredo (Willy) Gort Todd B. Hannon (City Clerk): BC.I1, Health Facilities Authority Board: Commissioner Gort will be reappointing David Berley. Vice Chair Russell: Move it. Commissioner Gort: Move it. Chair Hardemon: Properly moved and seconded. Commissioner Gort: Second. Chair Hardemon: Any discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. BC.13 RESOLUTION 1078 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A Clerk TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Barry Johnson Mayor Tomas Regalado ENACTMENT NUMBER: R-16-0531 City ofMialni Page 112 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Todd B. Hannon (City Clerk): BC.13, Mayor's International Council: Mayor Regalado will be reappointing Barry Johnson. Vice Chair Russell: Move it. Commissioner Gort: Move it. Second Chair Hardemon: Properly moved by the Vice Chairman; seconded by Commissioner Gort. Any discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. BC.14 RESOLUTION 1080 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: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Francis Suarez Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 113 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 BC.15 RESOLUTION 1341 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 A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jami Reyes Off -Street Parking Board (At -Large Appointment) ENACTMENT NUMBER: R-16-0532 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Todd B. Hannon (City Clerk): BC. 1 S, Off -Street Parking Board: The Commission at -large is requested by Off -Street Parking Board to confirm the appointment of Jaime Reyes. Commissioner Gort: Move it. Vice Chair Russell: Second. Commissioner Suarez: Second. Chair Hardemon: It's been properly moved and seconded by the Vice Chairman. Any discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Mr. Hannon: Thank you, Chair. Chair Hardemon: Motion passes. Thank you very much. City of Miami Page 114 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 BC.16 RESOLUTION 1081 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: BC.17 1342 Office of the City Clerk BC.18 1083 Office of the City Clerk Chair Keon Hardemon Vice Chair Ken Russell City Manager Daniel J. Alfonso 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. APPOINTEE: RESULT: NO ACTION TAKEN NOMINATED BY: Commission -At -Large Note for the Record. For minutes referencing item BC.17, please see "Public Comment Period for Regular Items. " RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE SENIOR CITIZENS' ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chair Ken Russell City ofMimni Page 115 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 BC.19 1084 Office of the City Clerk RESULT: RESOLUTION NO ACTION TAKEN A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez City, ofMiami Page 116 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 BC.20 RESOLUTION 1085 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: RESULT: NO ACTION TAKEN Mayor Tomas Regalado Chair Keon Hardemon Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo BC.21 RESOLUTION 1343 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: NOMINATED BY: Mayor Tomas Regalado Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES City ofMimni Page 117 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 QeQl;�911,Mli IQkiI111114LVA 1.1 DIA DISCUSSION ITEM 1153 DISCUSSION REGARDING THE QUARTERLY UPDATE OF NON - Department of REIMBURSABLE GRANT EXPENDITURES FOR THE QUARTER Finance ENDING JUNE 30, 2016. RESULT: DISCUSSED Chair Hardemon: Let's take the DI (Discussion) items. DI discussion 1. Jose Fernandez (Director): Good afternoon, Commissioner. Jose Fernandez, with the Department of Finance. DLI is the quarterly non -reimbursable grant expenditures for the period ended June 30, 2016 There was approximately $970,000 that was not reimbursable. That was primarily due to --the grant expired back in 2012. Despite it expired, we met with the County; we presented the reimbursement, and they denied it due to the expiration. Chair Hardemon: Is there any question regarding that? Seeing none, thank you very much, sir. Later... Chair Hardemon: Mr. Manager, regarding D1. 1, where are we getting the money to cover it, or has it already been covered from our last budget, or is this something in our new budget that we're going to use? Daniel J. Alfonso (City Manager): Commissioner; the money to cover the hole that was created in DI.1 was out of the general fund, and it was approved in the budget amendment (UNINTELLIGIBLE) budget hearing. Chair Hardemon: In the budget hearing, it passed. Mr. Alfonso: That is correct. Chair Hardemon: Got it. 11w 1]F-10i1bMM i!IIII I:IIT, 1329 DISCUSSION REGARDING KEEP MIAMI BEAUTIFUL STUDENT Commissioners AMBASSADOR FUNDING. and Mayor RESULT: DISCUSSED Chair Hardemon: D1.2. Michelle Glenn (Administrative Service Manager, Solid Waste): Good evening, Commissioners. DI.2 is a discussion item regarding the Keep Miami Beautiful City of Mimui Page 118 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Student Ambassador Program. Over the course of two school years, 10 schools will participate to allow -- excuse me -- 10 students per each school, two schools per district, will involve their students to initiate change in their schools, home and communities. Are there any questions on this item? Commissioner Gort: I can explain it. If you all recall, we began about two years ago a program that says, `Keep Miami Clean, " which is something that we all agreed to do so. Now the Sanitation Department, the NET (Neighborhood Enhancement Team) OjFce, and the Administration have gotten together. We came up with a plan, which I believe all of you receive copy of that plan. One of the part of the plan -- I've been able to give some funds to do the cameras for the illegal dumping that is taking place, but one that is very good that came up was to create the Student Ambassadors, which mean the students that -- select 10 students in each of the schools, where they'll be trained and they'll be taught the reasons why it's so important to recycle and why it's so important to maintain the streets clean, and how it affects everybody's life by not doing so. The program needs a budget of $48, 000. I have -- they had been trying to raise that money. I'm committed $10,000 to that program, because I think it's very important for the neighborhood. Out of respect for request ofyou all, ifyou all can do a contribution also, because this is a citywide program; it's not a district. This is a citywide program; that they've been doing a greatjob on it. Chair Hardemon: Can you ensure that you send my office some information about it? I know -- I understand the Keep Miami Beautiful Program, but especially the part that entails where our Commissioner's giving money towards the efforts, especially for the internships, et cetera; whatever it is that you're doing to help educate people in that fashion. Ms. Glenn: I have it here now, ifyou'd like to see it. Chair Hardemon: That'd be great, if you can give it to me. You may have to give it to the Clerkfor -- so it can be entered into the record, though. Okay. Ms. Glenn: Katie goes through the Clerk. Chair Hardemon: Give a copy to the Clerk, for the record. Ms. Glenn: Thank you. This is Katie Wayar, our recycling coordinator for the Solid Waste Department. Chair Hardemon: Thankyou very much. Any further questions on the item? Commissioner Gort: Thank you. Chair Hardemon: Seeing none, thank you. Ms. Glenn: Thank you very much. Chair Hardemon: All right, thank you. City of Miami Page 119 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 D1.3 DISCUSSION ITEM 1346 DISCUSSION REGARDING RFP REQUIREMENTS FOR THE Department of Real LEASING OF CITY OWNED WATERFRONT PROPERTY LOCATED Estate and Asset IN VIRGINIA KEY. Management RESULT: DISCUSSED Chair Hardemon: DI3. Daniel Rotenberg: Good afternoon, Commissioners. Daniel Rotenberg, director; Real Estate & Asset Management. DI.3 is a discussion regarding the RFP (Request for Proposals) requirements for the leasing of City -owned waterfront property, located at Virginia Key. This is round two, and this is opened up this time. We're going to get feedback from the Virginia Key Advisory group; we're going to get then feedback from all the Commissioners and we're going to get feedback from the public, and then we're going to go to RFP this time. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Yeah, and I don't want to get ahead of the district Commissioner. I think that's all right, and that's what we should do. I think, you know, this is one of those RFPs, particularly because of the fact that it was -- that it went down the way that it did, where it might make sense for us to vote on it. In other words -- Daniel J. Alfonso (City Manager): Mr. Chair; if I may? Commissioner; the whole point of bringing it for discussion and having it sent to this Commission and having it sent to the Virginia Key Advisory Board some time ago was so that we could get your input, and eventually -- and we intend to bring it -- Commissioner Suarez: Right. Mr. Alfonso: -- at the next Commission meeting for your approval. Commissioner Suarez: Yeah, that makes sense. And I think, you know, I sent -- I think I sent two emails with some things that were sort of reflections of things that I saw after the first one, and then -- and some ideas on the second one, so I just -- and I've told you this privately. Obviously, you know, you either take the pain upfront or you take the pain on the back end, so we might as well -- Mr. Rotenberg: We're taking the pain upfront this time. Commissioner Suarez: Great. Mr. Alfonso: And we have -- we're okay with that, but we do have a time crunch. Commissioner Suarez: I get it. Mr. Alfonso: You know, if we don't issue this -- Commissioner Suarez: I get it. And I spoke to the chair of the Advisory Board, and I told him that when they recommended us not going forward with the RFP, they also said -- some of their members -- that they were willing to expedite their review of the City of Miami Page 120 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 next one, and so that's the fair thing to do; and I think, you know, everybody's on the same page here, I would hope. Vice Chair Russell: Mr. Chair. Chair Hardemon: Yes. Vice Chair Russell: Mr. Rotenberg, how would you lay out the time frame between now and getting to referendum in November? What are the benchmarks that we need to meet in terms of issuing the RFP? How would you lay it out? Mr. Rotenberg: The most important right now is the one where we get feedback, and we've got to get feedback quick so we can bring it to the next Commission. We've given this out. I need to have the Virginia Key Advisory Board review the documents, read through them; read through the feasibility studies that were done by CBRE (Coldwell Banker Richard Ellis) and a third party; give comments to us, and within the next 30 days have the comments back. Vice Chair Russell: When is the next meeting of the Virginia Key Advisory Board? Does anybody know? Mr. Alfonso: My understanding is that they're meeting on the 22nd of this month, November. Vice Chair Russell: Good. So that'll give them time to look at it, give us time to look at it. We should be able to come to some sort of consensus, hopefully, by December 8. What would then happen? What would the rollout be from there? Mr. Rotenberg: Regular RFP process. We've put it out to bid; give the -- whoever the public -- bidders are going to be the opportunity to prepare. Commissioner Gort: Three month. Chair Hardemon: Right. Commissioner Gort: Three month (UNINTELLIGIBLE). Mr. Alfonso: What he's asking -- here's the answer: It requires 90 days -- Mr. Rotenberg: It's 90 days. Mr. Alfonso: -- minimum for the bid to be out there. So if you put it out in late December; you're talking about January, February, March; that's three months. Then you're going to probably take 60 days to review and make some kind of recommendation, April, May; bring it to Commission, June; get at least one deferral into July, and then that's it. You're into the November election. Vice Chair Russell: I was going to say, what's our -- so what's our deadlines on the other end in order to get on the ballot? When do we need to be done by? Mr. Alfonso: July. Vice Chair Russell: July is the deadline. Okay, if all goes well. Mr. Rotenberg: I'm sure it will this time. Commissioner Suarez: Mr. Chair. City of Miami Page 121 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Chair Hardemon: You're recognized, Commissioner. Commissioner Suarez: I think it's -- there's several things that are important about this RFP. Obviously, it's important because we just authorized the issuance of debt, and we have to pay for that debt, and so, you know, there's going to be have to be a delta, obviously, between what we're currently getting and what we will be getting, hopefully. So I think that's -- obviously, has to play into the thing, and that should be dedicated to that. But I didn't -- you know, we voted on the allowance for the bond, but I just want to say that -- a couple things. One, we should -- within the parameters of whatever we decide with Key Biscayne, we should look at the private sector as a possible partner or co -venturer, because they might be able to come in and say, "Look, we're willing to pay a significant amount of money to renovate the stadium within" -- "acting within the parameters that we set forth, " whether it's through Key Biscayne or our own parameters and -- you know, because we have -- as was stated by the Fire, you know, union -- and the Police union has said it as well -- we have the emergency management system. We have -- we really do need to do a new police station. I'm convinced that we need to do a new police station. I mean, I don't think anybody can argue with that. And obviously, we're selling the MRC (Miami Riverside Center). So, you know, those are things that we really should be focused on as we go forward, because that's something that we need to take into account. Thanks. Chair Hardemon: We have land in Overtown. Mr. Rotenberg: We're not getting a lot of sleep. That is true. Chair Hardemon: I would love to see the police in Overtown. Commissioner Suarez: Yeah. Chair Hardemon: You're recognized. Vice Chair Russell: Thank you. Mr. Rotenberg, I remember at the end of round one, I believe it was Commissioner Gort, very wisely asked for an analysis of whether or not we should manage the marina privately or publicly. Could you explain a little bit on the findings of that analysis? Mr. Rotenberg: I can read you the conclusion. We had a feasibility done by CB -- a feasibility study done by CBRE. We actually asked a third party to come in and to add their thoughts, so there'd be no question that we had a three -- third party analysis done. The conclusion on it is based on their findings, and it says, "There's a very high risk of financial loss to the City associated with hidden costs, and a very lengthy permitting process associated with the redevelopment of the south basin and development of the north basin. Based on these risk factors alone, it is our opinion that the City should not undertake the risks and unknown costs associated with attempting to develop and operate the subject; rather, the private sector is better suited to redevelop, based upon their marina -specific experience and expertise. " Vice Chair Russell: The CBRE, at the end of their analysis, didn't they mention, though, that they would recommend going back to the same three bidders as we move forward for this? If they did, why would they say that? Mr. Rotenberg: I don't think they did say that. If they did, we're opening it up to new bidders. Their study's a feasibility study. We're going to go ahead and go through the RFP. If there are other bidders out there, they'll bid. City of Miami Page 122 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Vice Chair Russell: Sure. Because I remember there were several -- that was one of the ideas; that others would have bid -- Mr. Alfonso: But -- Vice Chair Russell: -- had they known more about the -- Mr. Alfonso: -- by our Code, we can't do a new RFP and restrict, so. Vice Chair Russell: You can't -- of course. No, I think it was just a recommend -- but it seemed their analysis had really to do with looking at the bids of those three proposers and analyzing whether or not those bids could have been managed by the public -- I mean, the government afterward. Mr. Rotenberg: They took an overall (UNINTELLIGIBLE) look at what would be the best option. It's not an option that's really open to us. Vice Chair Russell: Right. Mr. Rotenberg: In a perfect world, we can probably do this ourselves, but we would not -- they're clear about that. There's just too much risk with the permits. There's too much risk with the City's process. And it has to go back out to private. Commissioner Gort: Plus, how much would we have to invest if we were to do it ourself [sic]? That's my question. Mr. Rotenberg: If we were to do this ourselves, we would be well over a hundred million dollars. Vice Chair Russell: And it wouldn't make sense to split the -- as a public -- a private RFP out for the development, but that we would manage it from there forward? Does that not make sense? Because -- Mr. Rotenberg: It wouldn't make sense (UNINTELLIGIBLE). Vice Chair Russell: Like what we do with the marina -- the Dinner Key Marina, which is a good profit center for us, is managed by us as a city, right? Mr. Rotenberg: It is, but this requires complete new development of a building and the site itself. So once it's built, whoever is going to do -- whatever winning bidder there is, they're not going to give up the profit associated with that. There has to be risk reward, so they're going to go ahead and take the risk -- Vice Chair Russell: Without the back end. Mr. Rotenberg: -- and they're going to take the reward. Vice Chair Russell: Right, right. And is this your preference, as well, and that of the Manager, that we put it out for private development and private management, rather than taking it over afterward? Mr. Alfonso: Yes. Vice Chair Russell: That's all I needed to know. Okay, I'd like to help move this forward with the Virginia Key Advisory Board. I know we need, you know -- it can get lost between different groups if we're not really carrying the ball and moving it with them, and so I'll be glad to help do that. I know Commissioner Suarez is City of Miami Page 123 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 already working with the chairman of the Virginia Key Advisory Board, and I'd love to help, as well, and really watch. Mr. Rotenberg: We really would like the help, and we really would like to give ourselves a 30 -day window at this point right now. Mr. Alfonso: Yes. Vice Chair Russell: Good. And as Commissioner Suarez stated, we need this in order to fund the debt we just approved. You know, if we're not going to rely on the flex park to be the entire revenue center for the island, which we shouldn't, then we're going to need this marina to perform, so we look forward to moving it forward, as well. Chair Hardemon: All right. Any further discussion? Hearing none, thank you very much. END OF DISCUSSION ITEMS City of Miami Page 124 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 ►Tie►T,11\Y•7:711 kiIIZd•7►T,I►T,16*1191ki14Z&Vk94 T, F-*] CITYWIDE HONORABLE MAYOR TOMAS REGALADO A ki 113191081 k'ATIV11114 k I;l Ti l;'] City of Miami Page 125 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 s7ieg][31:11"s COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 126 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 13' 171-19:110 W VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 127 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 COMMISSIONER, DISTRICT THREE FRANK CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 128 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 1110171-11:7["t! COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ END OF DISTRICT 4 ITEMS City of Miami Page 129 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 Dims][31:7[41116y CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 130 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 Iawtull01C7:81Xr]1.11UlIEel I, END OF FUTURE LEGISLATION City of Miami Page 131 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 NA - NON -AGENDA ITEM(S) NA.1 RESOLUTION 1429 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Office of the City THE CITY ADMINISTRATION TO IDENTIFY PROPERTIES IN THE Clerk WEST GROVE AREA THAT MAY BE USED FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND STUDY POTENTIAL TAX FREEZE ON QUALIFYING LONG-TERM HOMEOWNERS OF THE WEST GROVE. ENACTMENT NUMBER: R-16-0568 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: So -- Vice Chair Russell: Mr. Chairman. Chair Hardemon: -- I want to -- Vice Chair Russell: I'm sorry. Chair Hardemon: Yeah, go ahead. Vice Chair Russell: I want to respond and ask a question to the Manager regarding the housing for all folks who spoke. Many of them spoke today, and I see them with their mouths open, hearing us discuss back and forth about dog legislation, and their cries are, "What about the people?" And I want you to know that, not only do we hear you, we are taking action. I'd like to direct the Manager -- Mr. Manager; is George Mensah here? Daniel J. Alfonso (City Manager): Mr. Mensah's not; the assistant director is. There he is. Vice Chair Russell: Thank you. I'd like to get an update on the 300,000 that this Commission approved with regard to emergency rehousing money -- Alfredo Duran (Deputy Director, Community and Economic Development): Yeah. Good morning. Vice Chair Russell: --that's (UNINTELLIGIBLE) budget. Thank you. Mr. Duran: Good morning. Alfredo Duran, deputy director, Department of Community Development. Yes. As you know, that the City has committed $306, 000, and we've created the Emergency Relocation Program for folks that are displaced, based on the issues that we're seeing in Coconut Grove. That's going to the City Commission meeting of December 8, and we are already working with Citrus Health Systems and sending them a template of a contract, so we can get that going as soon as possible. City of Miami Page 132 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Vice Chair Russell: If all goes well with that, when would it go into effect, that -- Mr. Duran: Go in effect 10 days after the Commission approves it and the contracts are signed, or the day that the -- Vice Chair Russell: Thank you. Mr. Duran: -- Mayor signs it. Vice Chair Russell: Mr. Chairman. Commissioner Gort: Mr. Chairman. Vice Chair Russell: I'm sorry, if you wanted to mention about that. Commissioner Gort: Well, you know, one of the things, I believe, in the people sitting here, I'm the one that build the most affordable housing and workforce houses, and the biggest problem is the cost of land. And I don't see why, with so many special district that we have -- we heard today Coconut Grove West is a historical district. Why don't we move towards that one, so we can create some -- the district can maintain itself. And anyone that wants to do anything within that district will have to comply, yes, with all the regulation that placed on that district. My understanding, also, is that anyone that does any new project, they have to have relocation program if they going to get people out of it. Mr. Duran: Well, if they're using Federal dollars and there's occupants, there has to be a relocation plan -- Commissioner Gort: Well, that's why I want the people to be -- Mr. Duran: --temporary or permanent. Commissioner Gort: -- important to understand that it's not as easy as we like to do it. Chair Hardemon: Yeah, but additionally, one of the issues that we have -- and you have to put the skunk on the table -- is that when you give developers an option to have greater density or -- greater density in their projects by allowing them to invest in -- Commissioner Gort: Affordable housing. Chair Hardemon: -- certain parks that are right next to their facilities, transfer development rights -- Some things that have had success in my district and in your district, it takes away from what goes into the public -- what is it called? Mr. Duran: Affordable housing Trust Fund. Chair Hardemon: The public ben -- the -- Mr. Duran: Affordable Housing Trust Fund. Chair Hardemon: -- Affordable Housing Trust, right. So that amount of money has dwindled, where the other amounts of dollars in other things have increased. So, you know, we have to take a look at that to see, you know, are there opportunities now where we can try to encourage people to put their dollars more towards the City of Miami Page 133 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Public Trust Fund. But, certainly, it doesn't amount to the amount of dollars that you need to erect structures that are for affordable housing, and I don't want people to think that, because there were a lot of comments that said that the City of Miami isn't doing anything for affordable housing. That's not true. In all of our districts, we've built affordable housing for people, in the Grove, in Overtown, and many different neighborhoods. And so, you know, the City of Miami is serious about that. We've bonded dollars so that we can have affordable housing projects within our communities. The bigger issue that we're having -- and we have to educate our community about this -- is that if you're renting a property, I don't care how long you've been renting it -- 20 years, 15 years, 45 years, 100 years -- if you're renting a property, that's just what you're doing; you have a year-to-year lease. And so, what we need to encourage is greater homeownership, and those who own their homes, which happens to be people who've lived in these neighborhoods for a very long time, not to sell them; not to sell them by deceptive terms, because there are people that prey on these communities; but also, not to sell them just because they have a high price. Now, that's an easy thing to say. When you own a property for 50 years, you paid $25,000 for it 50 years ago; and now, when someone makes an offer for you for 350, 000, $400, 000, when that takes -- that can improve your quality of life. So everyone gets it, but I think we should also -- let's take a real honest conversation, not -- and not sound bites about this issue. This is something that we have to have serious conversations about, because when people come in and buy homes in our communities, they're buying the commu -- they're buying those homes from people who actually owned them, and they're willing sellers. You're not looking at a situation where the City of Miami is foreclosing on homes, taking people out of their community and moving them out. In fact, we're doing just the opposite; we're investing into these communities so that people can stay. And what we're dealing with and what we're trying to find a way to deal with is to help those who are kind of caught in the middle, so those of us who are renting properties. And Mr. Duran, I mean, you talked about some different initiatives on yesterday, which aired today on the radio show, about how these people who are renters can turn into homeowners in the City of Miami. So if you could just let the world -- let the City of Miami and those who are watching know some of those options, as well. Mr. Duran: Yes, absolutely, but, you know, this Commission tasked the Housing and Commercial Loan Committee to look at what you originally were talking about, which is how we can create opportunities to better direct, perhaps, to the Affordable Housing Trust Fund some of the benefits that some of these buildings have been getting. So the Public Benefit Program is a great tool for developers to have their building grow, but they have a lot of options. So we're looking at -- one of the tasks is to look within our own Code and see how we can better apply or direct the growth into those funds and create more revenue. But, yeah, homeownership is an important component, and it's -- as we spoke yesterday, it's something that is the stabilization of a neighborhood and a family. It's very difficult when you're dealing with affordable housing. Affordable homeownership requires a lot of subsidy. So -- but it's something that we're proponents of and we're working hard, and we have that program that I discussed with you yesterday, the First -Time Home Buyer Program. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: You want to jump in on something? Vice Chair Russell: Thank you. I'd like to respond to Commissioner Gort's comments. Two things. One, he's absolutely correct regarding rehousing, except that in this particular case of a hundred units -- Commissioner Gort: Right. City of Miami Page 134 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Vice Chair Russell: -- they're not tied to HUD (Department of Housing and Urban Development) dollars, and there is no -- Commissioner Gort: Right. Vice Chair Russell: -- requirement, other than the lawsuit that we filed; the injunction that will hopefully create a settlement, creating opportunity and funding for rehousing. But I also take to heart what Commissioner Hardemon said when we passed that budget item that it's a simple emergency rehousing budget kicking the can and that the problem will be there when we're done with that money, and he's absolutely right. So I'd like to move that we direct the Manager to analyze all City and government-owned properties within the West Grove for potential redevelopment in affordable housing, including the Fire College, which is a potential property, considering that we can find a replacement location for the Fire College that's suitable for the Fire Department. But that property in the West Grove may not be the best use for that, and it may not be appropriate, considering the flames and noise that the neighbors experience right around there. And I'd also like to direct the Manager to study the potential for a tax freeze on qualifying homeowners -- such has been done in Philadelphia -- where those who've lived in their home for a long time, who are -- have homeownership in an area that's experiencing gentrification is seeing their taxes double and triple to where they're squeezed out, simply by what's going on around them; they can't hold onto their homes. These programs have been implemented in other cities, and I'd like to study that we can possibly adopt that. Commissioner Suarez: Mr. Chair. Chair Hardemon: You're recognized, Commissioner Suarez. Commissioner Suarez: Thank you. Couple things. One is, particularly on the tax freeze one, I -- it's an interesting -- that's an interesting idea. I know it's been done in other parts of the country, and it's not too dissimilar from a CRA (Community Redevelopment Agency), I think, because a CRA, what it does is, it captures the increment; in other words, beyond a certain level. But, certainly, what's happening is -- I would agree with you -- even though there is Save Our Homes, which protects the increase from being more than three percent. There certainly -- as Chairman Hardemon said -- there's definitely a lot of pressure on families that have been lifelong -- or multi -generational families that live in the Grove to sell, and I think that could tremendously help release some of that pressure, if it can be done. I would just ask a couple of --just a -- if I can hold the floor for a couple of questions, a couple comments. One comment is -- and I really want the audience to know this, because this is really important, and I think it was important that you talked about activating that money that we put in the budget, but we have never done that as a Commission in the seven years that I've been here. We've never allocated general fund money, and we did $300,000 worth to stabilize a situation like this. We've never; never done that. And I think that's a very positive thing, because this was an acute problem that was happening, and we responded to it in a way that we've never done before, and I just think that's an important context. Secondly, a while back, we decided, Mr. Duran, that District 2 would be the recipient of the dedicated amount of HOME (Home Investment Partnership Program) funds, which was the 1.5 million annually for five years. And I was -- it was a dispute between whether I was the next person or Commissioner Sarnoff was the next person. We decided to allow Commissioner Sarnoff to get it, specifically because of this issue regarding the West Grove and the gentrification pressures that we were seeing. My question to you is: What has happened to that money? Where has it been invested? Has it been spent? Mr. Duran: Yes. For the most part, the Homeownership Zone. They -- District 2 is on their last year right now. This is the last year of the five years. Some of that City of Miami Page 135 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 money, we did issue RFPs (Requests for Proposals), giving special consideration or additional consideration to projects in District 2; and in District 4, as well, the first year. Not a lot of interest; however, the Stirrup and the Smathers, both those projects were -- one inside the district, one outside the district -- were funded with that, substantially; that's where a lot of that money went. Commissioner Suarez: So I know that the -- aside from the renovation of Stirrup, the Gibson was the only -- as far as I know -- new construction. Mr. Duran: The Gibson was general -- Commissioner Suarez: No, I know. Mr. Duran: -- citywide. Commissioner Suarez: I know, but I'm saying, as far as I know, that's the only new construction, affordable housing project that's been built in the Grove. Vice Chair Russell: Single-family scattered homes, as well. Mr. Duran: Well, we're doing the single -- Commissioner Suarez: Okay. Mr. Duran: --family scattered site homes with the Neighborhood Housing Services and the Collaborative. That's one project that's been done; but, yes, that is one, and the Smathers. Commissioner Suarez: And we still have a million and a half -- Mr. Duran: Or the Stirrups, sorry. Commissioner Suarez: -- of the home that's left, the last round, correct? Mr. Duran: Yes. Commissioner Suarez: Okay. So I just wanted to just sort of get a general accounting of that. The last thing I would --because you touched upon it, I think, the Chair, and this is something that I brought to the Commission, and I'm going to be bringing legislation on this, which is the whole TDR (Transfer Development Rights) issue. You know, we did an analysis of our TDRs, where they're trading in the private sector; and the fact of the matter is that TDRs are a lot cheaper for the development community to buy than doing, for example, a park enhancement; or doing, for example, a payment into the Affordable Housing Trust Fund. And we need to rectify that. We need to rectify that, because that's an imbalance that -- you know, nothing against the private sector; but that money's being traded off our books, and we're not getting any of the benefit from these density bonuses that are being given, unless -- you know, there's a select few people who are willing to pay a higher price to actually do either a park improvement or to do -- you know, to pay into the trust fund. I don't know anybody who's paid into the trust fund since it's been -- since Miami 21. Mr. Duran: We totally agree. We totally agree with that. Commissioner Suarez: So that's something that we're going to be bringing to the Commission. City of Miami Page 136 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Mr. Duran: That's something that the Housing and Commercial Loan Committee is looking at. Commissioner Suarez: Other than an SAP (Special Area Plan), I think, which was -- Commissioner Carollo: Yeah, because the SAP, they paid $14 million for the Affordable Housing Trust Fund -- Commissioner Suarez: Yeah. Commissioner Carollo: -- but I think that was like a rarity and -- Commissioner Suarez: Yeah, it's a one-time thing. Commissioner Carollo: -- you know, and I'm the one who brought it forward. But the thing is, Commissioner; you also -- I think there's an intangible value there to some of these developers, because, yes, I understand that it might be cheaper in the private sector; but most of the time, they're able to get those improvements right by their development; therefore, there's an intangible value there to them -- Commissioner Suarez: Sure, sure, sure. Commissioner Carollo: -- and that's exactly why they want to do it. So with that said, the other issue that I think is extremely important and I think we finally rectified it and I want to see now the outcome of it, is that even though those $1.5 million of HOME funds are being used and we're creating affordable housing, unfortunately -- that's where we tried to deal with that back in 2012 or '14 -- unfortunately, we have to open it up to everybody in the County. So even though we were using City funds from the Federal Government, we couldn't necessarily just open it up to City residents. We had to open it up to the whole County. So you had people from West Kendall, from Homestead and other areas actually moving into that new project that was in the Grove, and that was the issue. We just passed legislation last Commission meeting or the one before. Now, I want to see how it plays out to make sure that City residents -- Mr. Duran: Get preference. Commissioner Carollo: --get the preference. Chair Hardemon: Yeah. I think that's something that we -- I know that when it comes to the Federal Government, we have our issues -- Mr. Duran: Right. Chair Hardemon: -- because we rely on the Federal Government for a lot of resources that we give to our communities. But, certainly, when we start to have our dollars and solely our dollars, or dollars that aren't so restrictive as the Federal Government has been, you know, I would love to see a project that is 100 percent -- 90 to 100 percent just of the people who live in that community, so if there's someone there that is in substandard housing that wants to be apart of the new development, we can gladly just walk them to that door. That's, to me, the goal, I think, that all of us should be reaching within the City of Miami. Yes, sir. Vice Chair Russell: Thank you. And that's where the motion that I'm making is going to go, because the HUD dollars that went into the Stirrup house, out of 60 units that were created, three of them are going to be local residents of the West Grove. So -- City of Miami Page 137 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Commissioner Carollo: That's what -- Vice Chair Russell: -- we need partnerships. We need partnerships outside of HUD dollars, and that's why I'm moving -- I'd like to move that we direct the City Manager to analyze properties in the West Grove; not only government-owned, but also any available properties for purchase, to see whether or not they would be a good investment for the City to invest in affordable housing. Chair Hardemon: Your motion was duly noted. If there is no objection to that motion, then the motion shall carry; it shall pass. Vice Chair Russell: Thank you. Do we need a second? Do we need a vote? Chair Hardemon: Its -- don't need a second, and that was the vote. I don't know why everyone acts so dijjicult about, you know, this whole voting situation. If there's a motion, if there is no objection, and I announce that that motion carries, then it passes. Commissioner Gort: Second. Chair Hardemon: Its a voice vote. So is there a second to the motion? Commissioner Gort: Second. Chair Hardemon: There is a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? You didn't say "aye," so I'm going to assume, because you didn't say "aye" that you're -- Commissioner Suarez: Aye. Chair Hardemon: -- in favor of it. Commissioner Suarez: Aye, aye. Chair Hardemon: And that's the purpose of the voice vote when there is no objection -- Commissioner Suarez: I think there's a Latin -- Chair Hardemon: -- it carries. Commissioner Suarez: --phrase where it says (UNINTELLIGIBLE) consent. Chair Hardemon: No, actually -- One: That is true. And then two: In our rules of - Vice Chair Russell: In Mason. Chair Hardemon: -- Mason, that's what it means. If you're silent, then we should be --it shall count in the favor or in the positive. So that motion shall pass. The gavel signifies that a change has happened or a vote has been taken. Is there any further discussion? Seeing none. City of Miami Page 138 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 NA.2 ATTORNEY-CLIENT SESSION 1387 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Attorney CONDUCTED AT THE DECEMBER 8, 2016 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE FOLLOWING CASE: ALEXIS STEVENS V. CITY OF MIAMI, CASE NO. 15-23931, BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA; TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE- CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LABOR AND EMPLOYMENT KEVIN R. JONES; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY, STEPHANIE K. PANOFF AND BARBARA A. DIAZ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Chair Hardemon: Then item -- oh, and then -- go ahead, read into the record. Victoria Mendez (City Attorney): Yes. Thank you, Chairman. Mr. Chairman and members of the City Commission, pursuant to Sections 286.011(8), Florida Statutes, I'm requesting that at the City Commission meeting of December 8, 2016, an attorney-client session, closed to the public, be held for the purposes of discussing the pending litigation in the case of Alexis Stevens v. City of Miami, Case Number 15-23931, before the Unites States District Court for the Southern District of Florida, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations and strategy sessions related to litigation expenditures. This private meeting will begin at approximately 3 p.m. or as soon thereafter, as the Commissioners'schedules permit, and conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell, Commissioners Wifredo "Willy" Gort, Frank Carollo, and Francis Suarez; the City Manager, Daniel J. Alfonso; myself, the City Attorney; Deputy City Attorneys John Greco and City of Miami Page 139 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Barnaby Min; Division Chief for Labor and Employment Kevin Jones; and Assistant City Attorneys Kerri McNulty, Stephanie Panoff, and Barbara Diaz. A Certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon conclusion of the litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce termination of the attorney-client session. NA.3 ATTORNEY-CLIENT SESSION 1389 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Attorney CONDUCTED AT THE DECEMBER 8, 2016 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASES OF: MIAMI-DADE COUNTY, ET AL. V. FLORIDA POWER & LIGHT COMPANY, ET AL., CASE NO. 3D14-1467, BEFORE THE THIRD DISTRICT COURT OF APPEAL; IN THE MATTER OF FLORIDA POWER & LIGHT COMPANY TURKEY POINT, UNITS 6 & 7, DOCKET NOS. 52-040 AND 52-041, BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION; AND IN RE: NUCLEAR COST RECOVERY CLAUSE, DOCKET NO. 160009, PENDING BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE- CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; LITIGATION DIVISION CHIEF CHRISTOPHER A. GREEN; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND XAVIER E. ALBAN. 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): Mr. Chairman and members of the Commission, pursuant to provisions of Section 286.011(8), Florida Statutes, I'm requesting at the City Commission meeting of December 8, 2016, an attorney-client session, closed to the public, for purposes of discussing the pending litigation, in the following cases: Miami -Dade County, et al. versus Florida Power & Light Company, et al., Case Number 3D141467, before the Third District Court ofAppeal, in the matter of Florida Power & Light Company Turkey Point, Units 6 and 7, Docket Numbers 52 - City ofMiami Page 140 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 040 and 52-041, before the U.S. (United States) Nuclear Regulatory Commission; and in re: Nuclear Cost Recovery Clause, Docket Number 160009, before the Florida Public Service Commission. The subject of the meeting will be confined to settlement negotiations and strategy sessions related to litigation expenditures. This private meeting will begin at approximately 3 p.m. or as soon thereafter as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell, Commissioners Wifredo "Willy" Gort, Frank Carollo, and Francis Suarez; the City Manager, Daniel J. Alfonso; myself, the City Attorney, Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Division Chieffor General Litigation Christopher Green; and Assistant City Attorneys Kerri McNulty, Xavier Alban. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney-client session. City of Miami Page 141 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 NAA ATTORNEY-CLIENT SESSION 1388 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Attorney CONDUCTED AT THE DECEMBER 8, 2016 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE FOLLOWING CASES: VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15- 200 AP, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, APPELLATE DIVISION; AND VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-02997 CA 09, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ-RIVAS; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND FORREST L. ANDREWS. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE- CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Victoria Mendez (City Attorney): Finally, Mr. Chairman and members of the Commission, pursuant to provisions of Section 286.011(8), Florida Statutes, I'm requesting at the City Commission meeting of December 8, 2016, an attorney-client session, closed to the public, to be held for purposes of discussing the pending litigation, in the following cases: Village of Key Biscayne versus City of Miami, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Appellate Division, Case Number 15-200AP; and Village of Key Biscayne versus City of Miami, Case Number 15-02997 CA -09, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations and strategy discussions. The private meeting will begin at approximately 3 p.m. or as soon thereafter as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell, Commissioners Wzfredo "Willy" Gort, Frank Carollo, and City, of Miami Page 142 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 ADJOURNMENT Francis Suarez; the City Manager; Daniel J. Alfonso; myself, Victoria Mendez, the City Attorney; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for Land Use and Transactions Rafael Suarez -Rivas, and Assistant City Attorneys Kerri McNulty and Forrest Andrews. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon conclusion of the litigation. Thank you. Chair Hardemon: You are very welcome. This meeting has come to an end. END OF NON -AGENDA ITEM(S) The meeting adjourned at 5:14 p.m. City, of Miami Page 143 Printed on 111312017