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HomeMy WebLinkAboutCC 2018-05-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, May 10, 2018 9:00 AM Regular City Hall City Commission Francis Suarez, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes May 10, 2018 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Reyes. On the 10th day of May 2018, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 9:00 a.m., recessed at 2:03 p.m., reconvened at 5:03 p.m., and adjourned at 9:47p.in. Note for the Record: Commissioner Reyes entered the Commission chambers at 9:06 a.m., and Commissioner Carolto entered the Commission chambers at 9:21 a.m. ALSO PRESENT: Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the May 10, 2018 meeting of the Miami City Commission in these historic chambers. The members of the City Commission are Wifredo Gort, Joe Carollo, Manolo Reyes; Ken Russell, the Vice Chairman; and me, Keon Hardemon, the Chairman. Also on the dais are Emilio T. Gonzalez, our City Manager; Victoria Mendez, our Cihv Attorney; and Todd Hannon, our City Clerk. The meeting will be opened with a prayer by Commissioner Gort, and the pledge of allegiance led by our Vice Chairman. All rise, please. Invocation and pledge of allegiance delivered. PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PRA PROTOCOL ITEM 4098 Honoree Presenter Protocol Item William Talbert/Greater Miami Convention and Visitors Bureau Mayor Suarez/ City of Miami Commission Proclamation Lloyd Malcolm Jr (Kiwanis Intern) Mayor Suarez Certificate of Appreciation Lazaro Garcia (Kiwanis Intern) City Manager Gonzalez Certificate of Appreciation Andrew Shotwell (Kiwanis Intern) Commissioner Russell Certificate of Appreciation Keaven Sadler (Kiwanis Intern) Commissioner Carollo Certificate of Appreciation Montay Collin (Kiwanis Intern) Commissioner Reyes Certificate of Appreciation Keyli Martinez (Kiwanis Intern) Commissioner Hardemon Certificate of Appreciation Katherine Salgado (Kiwanis Intern) Commissioner Gort Certificate of Appreciation Biscayne Bay Kiwanis Club Commissioner Gort Certificate of Appreciation Officer Felix Delgado Commissioner Reyes Salute Mom's Clean Air Force Commissioner Hardemon Certificate of Appreciation City of Miami Page I Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 City of Miami Public Works Commissioner Hardemon Certificate of Appreciation Reclaim the Dream Committee (9) Commissioner Hardemon Certificate of Appreciation RESULT: PRESENTED 1) Mayor Suarez and City Commissioners joined the official tourism and marketing organization for Greater Miami and the Beaches; Greater Miami Convention & Visitors Bureau in celebration of National Travel and Tourism Day. The Greater Miami Convention & Visitors Bureau attracts and encourages individuals and organizations to visit the City of Miami for conventions, business, and pleasure, providing vital economic, social, and cultural benefits to our community; and brought to the city in 2017 a record 144,800 jobs, 15.9 million overnight visitors, and $367 million in tourist -generated taxes, with Miami visitors generating 34% of state sales taxes in our region. Elected Officials paused in their deliberations of governance to join the Greater Miami Convention & Visitors Bureau in celebrating our vibrant tourism scene and the nearly 16 million visitors who help make tourism Miami's number one industrv, therefore proclaiming May 10`h, 2018 as National Travel and Tourism Day" in the City of Miami. 2) Mayor Suarez and City Commissioners presented Certificates of Appreciation to students from Frederick Douglass Elementary regarding their successful completion of the Biscayne Bay Kiwanis Civic Intern Program. 3) Mayor Suarez and City Commissioners paid tribute and presented a Certificate of Appreciation to the Biscayne Bay Kiwanis Club for the opportunities they help create in our community. Through their inaugural Civic Intern Program, Kiwanis Club pairs students with City of Miami officials, where they gain valuable experience working on a variety of tasks in City Hall and enhancing their knowledge of local government. In developing initiatives like the Civic Intern program, Kiwanis Club continues to demonstrate their commitment to improving the lives of children throughout the community. Elected Officials paused in their deliverance of governance to express their gratitude to the Biscayne Bay Kiwanis Club for their notable contributions to the education and future o_f the City of Miami youth. 4) Mayor Suarez and City Commissioners honored and paid tribute and saluted Felix Delgado. Mr. Delgado, a retired City of Miami police officer, and current City of Doral police officer; has demonstrated a longstanding will to serve the public in more ways than one. In his career in law enforcement, Mr. Delgado has contributed to the safety of residents and developed an intimate knowledge of the community. Mr. Delgado has elevated his presence in the community beyond that of an officer by donating not just his time, but his resources in volunteering to provide back -to -school supplies to the young members of the community, assuring that students have the tools they need to succeed. Elected Officials paused in their deliberations of governance to commend Felix Delgado for his years of commitment and dedication to public service. 5) Mayor Suarez and City Commissioners presented a Certificate of Appreciation to express gratitude to Moms Clean Air Force. This organization promotes advocacy and dedication to environmental preservation. Their efforts help to ensure that children are provided with a healthy and sustainable Mother Earth. Elected Officials paid tribute to Moms Clean Air Force for their notable contributions to the welfare of the environment. 6) Mayor Suarez and City Commissioners presented a Certificate of Appreciation and paid highest tribute to employees of the Public Works Department for their tireless efforts in the District 5 Alleyway Beautification Project. The project started in June 2017 and completed on time and within budget. The Public Works Department maintains and improves our City's infrastructure as well as provides the best professional, technical, and engineering services to our residents. The City of Miami Page 2 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Elected Of icials of the City of Miami honored and commended the employees of the Public Works Department. 7) Mayor Suarez and City Commissioners presented Certificates of Appreciation to members of the Reclaim the Dream Memorial Service and Gospel Concert Committee. On April 4, 1968, the Reverend Dr. Martin Luther King, Jr. was assassinated. Fifty years later, the City of Miami, along with the Martin Luther King, Jr. Community Economic Development Corporation, recognized his extraordinary life and captured the essence of his legacy. Elected Officials paused in their deliberations of governance to commend the committee members and thanked them for their service. Chair Hardemon: We will now begin our proclamations and presentations. Presentations and proclamations made. Later... Chair Hardemon: I think the IT (Information Technology) Department is ready for me. Presentation and proclamation made AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Regular Meeting - Mar 8, 2018 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Reyes, C< ABSENT: Gort Chair Hardemon: Is there a motion to approve the City Commission meeting minutes of March 8, 2018? Commissioner Carollo: So move. Chair Hardemon: Seconded by the Chair. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. PUBLIC COMMENT FOR REGULAR ITEM(S) Chair Hardemon: What I'd like to do right now is open the floor for public comment .for any item that's on our morning agenda. If'you're here from the public and you'd like to speak on any item that's on the public agenda, this is your opportunity. Approach one of the two lecterns that are here and state your first name, your last name, state --.you may state your address, but please state what item it is you're here to speak about. And as I understand, is this gentleman who's on the --.from the radio station? City of Miami Page 3 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Yes. Chair Hardemon: Okay, good. Great. Let's hear from you first, sir. You're recognized. He needs a translator. Do we have someone who can translate for this gentleman? Translator is on the way. Not that gentleman. Unidentified Speaker: 1 can't translate, but shall l start (UNINTELLIGIBLE) translator? Chair Hardemon: No, not you. Not you, sir. Unidentified Speaker. Okay. Chair Hardemon: We pay someone to do that. Vice Chair Russell: Who can do it for free? Half the room, right? Come on. Chair Hardemon: But then you wouldn't be a sworn in -- Vice Chair Russell: So let somebody (UNINTELLIGIBLE) Chair Hardemon: -- certified person. Then you'd take her job, and then that wouldn't be nice. No problem. Jorge Rodriguez: (Comments in Spanish not translated.) Chair Hardemon: Sir, he will speak directly into the microphone, and then you speak into your microphone. Maria Aguero (Official Spanish Interpreter): Yes. He's saying to me that he speaks English, but he would prefer for me to translate it. Chair Hardemon: That's perfectly fine. Thank you verymuch. Mr. Rodriguez (as translated by Maria Aguero, Official Spanish Interpreter): He will speak in English first. Chair Hardemon: That's fine. Mr. Rodriguez (as translated by Maria Aguero, Official Spanish Interpreter): Good morning and good afternoon. We prepare for May 20, the march for Cuba Ya Es Hora. He's preparing for May 20 of this year for Cuba Ya Es Hora. We already have 58 years of dictatorship in Cuba doing damage to the whole Latin America, and now it's time of Cuba being free, and the countries like Venezuela and Nicaragua. And it's time for Nicaragua and Venezuela to let -- to impede; that the Cuba dictatorship been an influence in the countries. And Cuba dictatorship is also doing damage in Cuba and Colombia, and other countries in Latin America. And here in Miami, in the 8th Street, where we have done everything that we could have done to - - doing festivals and everything, it's time for us to do a march or a rally, saying that "For Cuba, it's time. " We had done some flyers. We have done some American flags, where we're asking for liberty for our fNiends in Latin America, and they're asking permission for doing a rally or a march in the 81h Street, from -- on May 20, between 15th Avenue and 12th Avenue. That's what we like. And what we're asking is. for everybody to go there, because this is for the liberty of our country, and for the liberty of countries in Latin America. So we're asking people to go there. City of Miami Page 4 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: Thankyou. Mr. Rodriguez (as translated by Maria Aguero, Off tial Spanish Interpreter): His name is .Tose Rodriguez. His name is Jorge A. Rodriguez, and I'm the owner of the Poderosa and Cadena Azul, two radio stations, and we're having -- and we had inviting [sic] another TV (television) channels and other radio stations and all the people who can go there to join us to that festival. Chair Hardemon: Thankyou very much, sir. Mr. Rodriguez: Thankyou. Chair Hardemon: Thankyou. You're recognized, sir. Gregory Hamra: Thank you very much. My, name is Greg Hamra, born and raised in the City ofMiami, right -- a few blocks away from here, right along the seawall of Mercy hospital. I'm a life -time resident ofMiami, and 1 live in Coral Gables now at 2600 Cardena. I'm here to speak about the misguided proposal to diminish the Office of Sustainability at a time when we should be doing the exact opposite; this particular post at a place that is known to the world as ground zero "for the economic impacts of sea level rise. We have the greatest value of assets at risk in the world, the South Florida region. We should be elevating this. The whole world is looking at us. And we've taken money from the Rockefeller Foundation. Greater Miami and the Beaches is one of the 100 Resilient Cities that the Rockefeller Foundation has given money to. What we're going to be doing here really, is not taking that money and putting it where it should be in elevating thisoffice. It is really not doing what is intended with the money, and it's going to hurt us financially. I'm going to just give you a little bit of an eye-opening snidbit from what happens in the corporate world. In the corporate world, sustainability officers are elevated to sea level positions. They're called CSOs, corporate sustainability officers. They're not siloed when sustainability needs to be in the DNA (deoxyribonucleic acid) of our company's decision making. We're doing the exact opposite -- or considering doing the exact opposite at a time when we should be promoting this type ofposition. Here's where -- why it really matters, folks: The entire world of investment is watching South Florida to make sure that somebody in Miami is taking sea level rise seriously. Any step that suggests that priority is diminished is going to be terrible for investor confidence in. the City. This is not a theoretical point. Credit rating agencies that grade municipal bonds have said that they will consider whether cities are giving enough priority to resilience work in their rankings. This City is endangering its excellent credit rating by moving in this direction. So I urge you, do not ditninish the Office of Sustainability; maintain it as is. And if we really had our heads screwed on straight, we'd be promoting it so that sustainability is not siloed as it is but is permeated throughout every decision in our City. Chair Hardemon: You're recognized, sir. Miguel Soliman: Thankyou, Mr. Chairman. Miguel Soliman,, 1436 Southwest 6th Street. Pm here to speak in favor of resolution CA.4, which is the march that Mr. Rodriguez just spoke of on May 20. He is -- he's a very humble man, but I'd like to tell you that in 1963, he was waiting -- He's been a champion ofjreedom and justice his entire life. And in 1963, he was in Little Rock, Arkansas, waiting for Dr. Martin Luther King, to have lunch. And when Dr. King came in, the restaurant owner came over to the table and said, "We'll serve all of .vou, but I'm sorry, we can't serve that gentleman. " And Mr. Rodriguez stood up and said, " If'he's not going to have lunch here, neither of its are going to have lunch here. " And he got up, left, went to another restaurant. He was representing -- he was working for Westinghouse at the City of Miami Page 5 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 time. They, were opening up a new plant. And he was personally responsible for hiring at that time over 300 black individuals that worked at that plant. He's been a champion. for justice and for freedom his entire life. This march on May 20 is very important, because its not onlv a cause for Cuba; it's a cause to show the entire world that we stand behind freedom and liberty for all nations, for everyone. So 1 urge you, please, to approve Item CA.4, and help out in this cause. Thank you very much. Chair Hardemon: Thank you very much. Ma'am, you're recognized. Maggie Fernandez: Good morning or afternoon. Maggie Fernandez, 3620 Southwest 21 th Street, Miami, Florida 33145. I'm a long-time Miami resident and a Miami business owner. And I'm really glad that the issue of the Sailing Club was taken up out of order, because it's symbolic of what people of color; black and brown communities, have had to do for years, which is wait. Wait in line. Wait for disaster relief Wait for their help from the State government or help from the local government. I'm here talking against RE. 23, because I do not believe that the Office of Resilience should be moved under Public Works. The people I'm here speaking on behalf of are the most vulnerable of our population, are the disenfanehised and the marginalized communities, and we need to lift them up and not -- and we need to represent them. They can't --I heard a discussion on pizza. They can't afford pizza. They can't afford to have sailboats or be in the sail -- or have membership in the Sailing Club. We need to make sure that the Office of Resilience is a stand-alone department. Even an Assistant County -- City Manager, like in Miami Beach, which has been leading on these efforts way before the City ofMiami and Miami -Dade County, they actually have projects in place already, infrastructure projects. So anyways, I'm here to request that the office stay elevated, stay a standalone in order to properly represent the people of color of this community. Thank you. Chair Hardemon: Thank you. Ma'am, you're recognized. Jody Finver: Good afternoon now. I'm Jody Finver. I live at 1654 Tigertail Avenue; that's 18 feet above sea level rise, and I'm here to speak in opposition of Resolution 23, specifically the role of the CRO (Chief Resilience Officer). ACRO is meant to look at present and long-term innovative solutions to address climate change and sea level rise. How can anyone address sea level rise when they are buried knee-deep in red tape of a department that can't even fix the potholes in my neighborhood; that after three years of complaints, still can't fix the bike lane cross walk at Fresh Market and can't get the water fountains to work in our City parks? How can this proposal even be contemplated in 2018? This is not a holistic approach towards survival, and that is what a CRO does; helps everyone, regardless of income, survive in climate change. How does the City expect to attract the likes of forward -thinking companies and start-ups when the City reenacts the movie of "Office Space, " and the Resilience Department gets moved into a sewer drain? How can you expect your residents to think in terms of resilience? How can you prepare for the future that is to come when you are showing the world that the CRO and nonprofits, like the Rockefeller Foundation, mean nothing to you? How can residents trust the City to have actionable disasterplans when ideas have to go through a department that only looks at roads in terms of vehicular traff c and not pedestrians or bikes? How can you expect residents to have any trust or faith in local government? Do you honestly think that a clever hashtag can mitigate these optics? You can spin this like Harry, the Tunnel Maker, but at the end of the day, the optics don't say resilience; they say that you don't care. When Miami proclaims itself 'to be the Magic City, it's not supposed to mean that we are notorious for shell trick games. Not only should the CRO not be deferring to Public Works; the department should be elevated, and every department should defer to the CRO. Miami is perceived by the League of Cities and the nation as prioritizing climate City of Miami Page 6 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 change. Our three largest papers in South Florida are now putting a focus on climate change. Don't mess with these optics. Don't stick your head in the sand, because that sand is sitting on limestone, and on a sunny day, you could drown. Chair Hardemon: Thank you very much. Sir; you're recognized. Brett Bibeau: Good morning. Brett Bibeau, Managing Director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. On May, 7, the City ofMiami and Architect Kobi Karp presented these draft plans, this Memorandum of Understanding, which contains developer guidelines regarding the Administration's proposed redevelopment of the City of Miami -owned 300 through 400 Southeast 2nd Avenue, which is the Hyatt Regency Hotel and the James L. Knight Convention Center. The Miami River Commission adopted a unanimous resolution, recommending approval of the item. Your time and continued support for the Miami River District are appreciated. Thankyou. Chair Hardemon: Thank you, sir. Sir, you're recognized. Bruce Stanley: Thank you. Bruce Stanley, 206 Northwest 34th Street. I'm here today, once again, to speak out in opposition to Resolution 23, the proposal to move -- reorganize the Office of Sustainability under the Public Works Department. I think this proposal demonstrates a lack of understanding of what the role and the mission of the Office of Sustainability is intended to be. When we consider the specifics of what this reorganization proposal would do, we are talking about taking an executive -level position and subordinating it three levels down the hierarchy underneath, a department that is solely focused on infrastructure needs. Now, the Office of Resilience and Sustainabilitv needs to interact across departments. It does not need to have its budget slashed. It does not need to have its budget -making powers removed. It does not need to have its capacity and its staff slashed. And we've seen -- the only time that we've seen any kind of response is that we're told that this is going to increase the prominence of the office, without any specifics being presented. So it would clearly diminish the role and the mission of this office. We're not fooled by that. And we believe that, you know, Miami is number one around --I mean., globally, is known as, you know, the epicenter of sea level rise, so Miami needs to be known as a leader in this area. And there's a lot of people watching this, and I think that a prominent, forward -thinking, and empowered Office of Resilience is how we get there. Thank you. Chair Hardemon: Thank you, sir. You're recognized, sir. Albert Gomez: How you doing? Albert Gomez, 3566 Vista Court. I live right up the street. I have a business right up the street, as well. I'm a sitting board member of Sea Level Rise Committee and a local advocate down here in South Florida. And I know the intersection between the public and business, and I can tell you right now this does not bode favorably for business. And I would say something that -- there are a lot of optics being thrown out and messaging being thrown out, while the Mayor is reaching to -- or trying to become a strong Mayor. He just got elected to the Chair of the 100 Mayors Association; saw an environment today; it's an announcement -- All these announcements are happening while the City and our City Manager, which I want to work with, and collaborate and advocate on behalf of the community and our City, so that we can be the most resilient city, but doing this is a countermand to the Mayor's mission. It's a countermand to the Mayor's mission. He's trying to make its the most resilient city. You have to elevate the office. You have to allow the office to task. The City of'New York learned that when they came up with the office in the. first They did extensive research. Ifyou recall, I brought the Rockefeller Foundation here on 2013. The City broke down, because they were in silos. The Grant Department didn't want to work in a multi - City of Miami Page 7 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 .jurisdictional environment. They didn't know how to do that. And now were going to do it in a departmental level. That would be just so wrong. And just the fact that it's at this point, just that we're talking about this, is looking bad to the world. They're going to write about this today. And this is a referendum on every Commissioner today, so the Commissioner who votes this -- for this issue is against resilience, is against climate change, is against doing something in sea level rise; there's no if, ands, or buts about it. So you have own up to that right here on the dais that this will happen if'you vote for this issue. So vote it down, kill it; and not only that, make it a referendum on making the office what it should be, the most important office in the City. Chair Hardemon: Thankyou,sir. You're recognized. Marlene Bastien: Good morning. My name is Marlene Bastien, from 100 Northeast 84th Street. Our office is located in Little Haiti, where climate gentrification meets with immigration, and where we're facing grave issues pertaining to climate change. Little Haiti is the fastest gentrified area in the nation today, where both residents of Little Haiti, those who built their neighborhoods and businesses, are being forced out. And we saw what happened after Hurricane Irma and Maria; people lining up because they didn't know what to do. Thev weren't prepared for the storm. That's why I m here today. Despite the crazy day at FANM (Fanm Ayisyen Nan Miyami, Inc), I'm here to speak against this resolution to merge the resilience project with Public Works. We know that a lot of -- have been gained,- it lot of efforts have been made to make sure that Miami, which will be considered the capital of the world, because, man,, when we look at Miami and its diversity, it is what the country, will look like in 30 years, and our goal -- and I've heard the Mayor and some of you on the dais indicated that we want Miami to be an example of resilience. We want Miami to be 100 percent resilient. So if we want Miami to be 100 percent resilient, why are we deciding to lower the budget by 45 percent and demoting the Chief Resilience Coordinator, who has been doing a great job thus far, connecting with communities, preparing neighborhoods, preparing people so that when the storm comes, those of its who are usually in the first line offire are prepared? This is not a time to really diminish this agency. This is a time to invest more, to continue to build so that Miami can prepare, the communities can prepare, the neighborhoods can prepare when the next storm comes. And I'm here to speak against this resolution, and I urge you -- I know that the City Manager may mean well -- And I haven't met him personally, and I hope to meet with him soon. I know he probably means well, but I'm telling you today -- I stand in front of you today to tell you this plan will not enhance our resilience goal and vision. It will -- Chair Hardemon: Thank you very much, ma'am. Ms. Bastien: -- reduce it. Thank you so very much. Chair Hardemon: Thank you very, much. You're recognized. Zelalem Adefris: Hi. I'm Zelalem Adefris. I'm the Climate Resilience Director at Catalyst Miami. And at Catalyst Miami, what we do is work with low- and middle- income communities in our City, building their resilience. Shout out to Commissioner Russell for speaking at our last leadership training graduation. So in 2016, you all decided to join the 100 Resilient Cities, and with joining that, there's a definition you agreed upon, which is that resilience is our City's ability to bounce back fi^om shocks and stresses. In 2017, you further redefined like what you wanted to_focus on, and out of the six categories you wanted to focus on, only one of them has to do with physical infrastructure; maybe one and a half,' if we argue about it. Then you hired like really amazing staff to fall this office and to do really incredible work; bridging, working on health, working ora social equity, working on economics, City of Miami Page 8 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 working on hurricane preparedness, with the infrastructure work as well. They've really worked tirelessly. I think they're some of the best staff, in my opinion, that you all have, and you should uplift them and support them, like so many folks are saying, and definitely not demote their position. It would just he a grave mistake to put this department under Public Works, when its only one out of the six things you all wanted them to focus on through 100 Resilient Cities. So that's my statement. I'm opposed to Resolution 23. And like so many others have said, 1 hope you vote it down today. Michael Clarkson: Good morning. Good afternoon, Chairman. 1'd just like to say - - my name is Michael Clarkson. I work with Conscious Contractors. Good to see you again, Vice Chairman. And I don't mean anything against the City Manager, but this is the wrong ways [sic] to go. Personally, I love what Chief has done. Chief Jane Gilbert has done a wonderful job, because I've been beating a table about cert - - people becoming certified. Because of what she has done, we're going to have our first class -- where we don't have to go all the way out to Doral -- at the Charles Hadley Park in June. These things are very important to our community and a fZghtback against climate change and sea level rise. Why would you want to take that department and put it up under the department that really has a bad record when it comes to like even fixing potholes in the street? So I think it's very important that we understand at this critical time, because we talk about legacy. We talk about what we're going to do for our children. Well, the legacy starts with usfirst; we cannot pass the buck onto our children. And keeping the office of the Chief Resilient Officer [sic] alive is the most -- to me, it's the most important thing that must be done right now. We must vote down. You must be opposed to this, because it is in the interest of not only Miami, but the whole area. We are a shining example. People are looking at its right now. We're at ground zero. They're saying --people are throwing up their hands. We aren't throwing up our hands. We're going to fight sea level rise, because we're going to rise as the sea rises, and we're going to fight against culture genocide, which is happening in Little Haiti, and happening in places like Libertv City, where culture -- I mean, excuse me -- where gentrification, climate gentrification is coming in and people are being chased out. Y'all got to help us on this. Y'all got to stand, just like we standing. Y'all got to stand in the gap also, too. So I thank you for this time, and appreciate your support on the 1804 Forever Portrait Contest that we're sponsoring. Thank you very much. Chair Hardemon: You're recognized, sir. Shaun O'Hanlon: Thank you. Good afternoon. My name is Shaun O'Hanlon. I live at 3400 Pan American Drive. Yes, I live at Dinner Key Marina, right next door. ['in born and raised in Miami. And I have worked in Cleantech for over a decade now, going on 20 years, and I led Cleantech open in 2013 herein Miami. I can tell you, emphatically, that this is about business. It's about economics. And the message that you send today will determine Miami's economic future for decades. A decade ago, we started down a path of renewables and sustainability in this City. I realize it got derailed when the real estate market went south, but that's recovered, and it's time to pick it back up and move forward. I've been blessed and honored by my colleagues to be considered one of the leaders in this field, who work on threat assessment and risk mitigation. And the pillars of resilience are energy security, water security, food security, and communications. You don't have those four things, there's no resilience. That's just a bottom-line fact. Miami has to make resilience and sustainability front and center. It has to be on the fi^ont burner. If you don't, Wall Street and Moody's and others will drop this City like a hot potato, and you can just watch the real estate values go south. Thank you. Chair Hardemon: Thankyou, sir. You're recognized, ma'am. City of Miami Page 9 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Gabriela Barrocas: Hi. My name is Gabriela Barrocas. I live at 2889 McFarlane Road, down here at the Sonesta. I recently took Zelalem's class -- she spoke a few minutes ago -- on climate change, and I highly recommend that everyone here takes it, because then you would understand why Resolution. 23 should not even be up for debate. This should be struck down. So if you get a chance, its on Wednesdays; you should go, learn about climate change, and understand why demoting this position is not an option. Thank you. Chair Hardemon: Thankyou. You're recognized, ma'am. Eileen Silio: Good afternoon. Thank you. My name is Eileen Silio. I am a resident of the Allapattah community, specijically the Melrose Heights Subdivision. Our home has been in our family for over 47 years. I wanted first to start by thanking the Commissioner, Mr. Willy Gort, for welcoming me into his office last week and listening to our concerns. I'd also like to recognize the NET (Neighborhood Enhancement Team) Office Director, Yadia Diaz, and our Police Commander, (UNINTELLIGIBLE), for the outstanding job that they have done, which is just every single day, I'm seeing the results happen by lightning speed. My presence here is to support the Public Hearing Item Number 11. But in addition, I'd also like to shine the light on a neighborhood park that is one block from our home, which is called Melrose Park. This park, right now, is two acres that are, I believe, in my opinion, being very underutilized. There is a small playground that is in place; it has no shade. The park is always empty. I have asked everyone in the community if they use the park. Everyone says, "No. " So I am here before everyone to askfor your support to somehow maybe guide me as to how we can make this an active and functioning park for the community, as I see so many other parks throughout the City ofMiami being completely revitalized. Thank you for your time. ChairHardemon: Thank you. You're recognized, ma'am. Myra Cruz: Hi. My name is Myra Cruz. I live at 51 Southwest 11th Street. I'm here as a Climate Resilience Coordinator for Catalyst Miami, as well as a member of the Miami Climate Alliance. I'm also here to speak on my opposition for Resolution 23. I definitely do not agree that you should be moving the Office ofResilience under Public Works Department. I'm here to remind you about some of the promises you made and some of the work that you've promised to do for the City of Miami. For example, the Mayor has claimed he wants a holistic view of resilience in order to face the existential threat posed to the City by climate change. Commissioner Russell, you've worked a lot on community-based resilience planning with the folks on Open Spaces & Natural Environment, and neighbor engagement. Commissioner Reyes, you've advocated strongly for disaster resilience planning. Both Commissioners Hardemon and Carollo, you focused on housing affordability and issues of gentrification. And all of these issues touch upon the importance of climate change and having holistic view for the work that we're doing, and how it's very intersectional. So that's why it doesn't make sense to me why we're consider moving the Office ofResilience under the Public Works Department. It goes beyond roads. It goes beyond infrastructure. And as evervone has mentioned before, it doesn't even have a great reputation for getting the work done. ba order for us to be successful and to continue leading on these issues, we need to take steps forward instead of taking steps back by demoting the Of ofResilience and its Chief Resilience Officer. So I please urge you to vote against Resolution 23. Chair Hardemon: Sir, you're recognized. Allain Barnett: Hi. My name is Allain Barnett. I am a postdoctoral associate at Florida International University. I work with the Urban Resilience to Extremes Sustainability Research Network and with the Sea Level Rise Solution Center. I have City of Miami Page 10 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 been doing research on issues of sustainability and resilience for 15 years, and I've been greatly encouraged by the City ofMiami's commitment to these issues up until now. But the Office of Resilience and Sustainability needs the resources -- sufficient resources to ensure that we are ready for the impacts of climate change, and they need the capacity to work with and integrate across departments. Sustainability and resilience is not just Public Works; they require holistic thinking, integration, and communication between departments and between the communities and the City. Please consider this before reducing the role and budget oj'the Office of Resilience and Sustainability. Thank you. Chair Hardemon: Thank You very much. Sir. Samuel Latimore: Good afternoon. I'm Professor Sam Latimore. I live at 937 Northwest 55 Street. I am the President of the Charles Hadlev Neighborhood Association. And my parents have owned property in the City ofMiami, which I presently live, since the '50s. Most of the people I represent have owned their homes up to 60 years and have a vested interest in that community. I want to just pass -- three items that I want to bring to your attention that we support: PH. 3, 3958, where there's the purchase of the Carver Theater for community activities, we support that, because it will allow some of our young folk an opportunity to get rid of some of the energy they have by having -- not having something to do. We're also in support of PH2, 3993, where we propose to accept a grant in the amount of $367,000 -- and $500, 000 for the Summer Youth Employment, and I want to spend a time -- brief time on that. I have been, in the last two weeks, trying to recruit people from my community to get jobs. I am amazed, disappointed, and saddest -- dissatisfied that our youngsters from the Model Cities areas don't have an opportunity to work during the summer, and thanks to the grant, we -- some will. This grant goes before -- beyond that, because we have young -people getting out of high school who are calling us saying, 1 want to work. " Good kids calling and -- 1 want to work, " but they were not included in the initial notification about the first round. So we support that, because 1 have found that they need it. The last one is Citywide Sidewalk Repair and Replacement. We need that, because as we go through our community, that's been neglected. Finally, I want to bring a couple of things to your attention. The Community Relations Board, I had a chance to meet with them. I explained to them that no one knew they existed, and that's one of the most important boards in the City. We found that out during several civil disturbances. So I would ask the Commission to reallv take that board seriously. It is one of those boards that evaluates the tension that exists within a community, and I'd be dishonest if I didn't tell you there is tension, and we need a trained, reactive board, and I would encourage that. Chair Hardemon: Thank you, sir. Mr. Latimore: Finally, I want to say, next week is Police Appreciation Week. I say it every year I come here, to encourage the Commission and the others to recognize that week, May 13 through the 19. We do it every year for our Model Cities officers, and I would encourage you all to do that. Thank you so much. Chair Hardemon: Thank you, sir. Mr. Latimore: Appreciate it. Chair Hardemon: You're recognized, sir. Bradley Schonhoff: Hi. Brad Schonhoff, 2101 Southwest 67th Avenue, Miami, 33155. I work with Dr. Tiffany Troxler and the FIU Sea Level Solution Center, and I'm here speaking in opposition to Resolution 23. As you know, the City ofMiami is City of Miami Page 11 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 one of the Greater Miami and the Beaches 100 Resilient Cities. The role of the Office of Resilience is to assess and prioritize our community's vulnerabilities and to collaborate both internally with City departments and externally with government agencies, universities, business groups, nonprofit organizations, and other stakeholders to effectively facilitate resilience. Resilience is what helps a city adapt and transform in the face of challenges and helps it to prepare for both the expected and the unexpected. Some of the challenges the community has identified and the City faces include flooding and sea level rise, hurricanes, inadequate public transportation systems and infrastructure failure, lack of affordable housing and access to child care, poverty, unemployment, health risks, and crime. Building urban resilience requires looking at a city holistically; understanding the systems that make up the City and the interdependencies and risks it jaces. By strengthening the underlying fabric oj'a city and better understanding the challenges it faces, a city can improve its development trajectory, prosperity in the well-being of its citizens. Mayor Regalado, in his final State of the City Address, called climate change the biggest challenge Miami will ever face, and acknowledged that the City had been slowed to address sea level rise. Since then, the City has taken great strides. One action central to that was the creation of the Office of Resilience and appointment of its Chief Resilience Officer. Second was the approval of the GOB (general obligation bond). To safeguard the well-being ofMiamians and enhance its economic development, the City can accelerate this momentum by giving the office more authority to address resilience holistically, not less; and more capacity to do its work, not less. Chair Hardemon: Thank you very much. IT (Information Technology) Department, I'm having trouble with the miamigov.com web site. I'm trying to pull up the agenda so I can look at an item. And if any member from my staff is listening to me on television, I would like the book so 1 can look at RE.8 and RE. 9, because 1 can 't pull it up on the Internet. So you should be listening, because you're not here. Please bring me my book so I can do my job. Sir, you're recognized. Steven Leidner: Steven Leidner, 555 Northeast 34th Street. I've been here for the entire session, and was amaze --pleased that the value of Biscayne Bay was and is appreciated, but we will not have a functional Biscayne Bay if we continue to emit greenhouse gases into our atmosphere, causing oceann acidification and elevating the temperatures of our oceans. So I implore this Commission to not only continue the responsibilities of our Office of Resilience, but to expand the mandate, so that the emissions of the City are minimized, if not limited -- eliminated completely. This City, we need -- I would like us to take responsibility for the emissions that we're causing and our contribution to sea level rise and climate change, and the many ramifications that our emissions have. Thank you. Chair Hardemon: Thank you very much. I'd like to recognize -- before you speak ma'am -- the great Miami -Dade County Commissioner, Mr. Pepe Diaz, my friend. You're recognized, sir. Commissioner Jose Pepe Diaz: My friend, how are you doing -- Chair Hardemon: I'm doing well. How 'bout yourself? Commissioner Diaz: -- Mr. Chairman, and all of you? Thank you so much for allowing me. We have a very, very important item that's coming up that were also going to hear it also in the County at 1:30. And if there's any way that we could hear the item briefly -- and we're talking about Fl [sic] -- we would really appreciate it. So that's what we're -- City of Miami Page 12 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: I'm going to do my -- I'm certainly going to do my best to get there. We only have really one public hearing today, and so that's why I'm trying to -- we're way beyond the time that we would normally be here, but -- Commissioner Diaz: 1 know, and that's -- Chair Hardemon: -- you've been gracious enough to stay. Commissioner Diaz: We had an 11 o'clock -- By the way -- Chair Hardemon: Yeah. Commissioner Diaz: -- thank you for trying to go to a time certain at 11, and I know you don't do that too many times, so -- Chair Hardemon: Right. It becomes very difficult, but we're going to -- I think we're going to get to it, so (UNINTELLIGIBLE). Commissioner Diaz: Okay. So it would be very appreciative. So thank -you so much. Chair Hardemon: All right. Thankyou, sir. You're recognized,, ma'am. Claudia Tenzer: Hi. Good afternoon. My name is Claudia Tenzer; address, 1900 Southwest 8th Street. I'm here to oppose Resolution 23, because it will diminish the role of the Office of Resilience. I think that the City of Miami -- or the City Manager may think that this is a good idea, because so far the Off ce of Resilience, it's been focused on great infrastructure, but -- and so, burying it under the Office of Public Works may seem like a good idea, because that's what so far we've been doing, but it is a new office that needs time to expand and grow. It needs to have subdivisions. It needs to have new initiatives; hurricane preparedness, disaster preparedness; focusing on housing focusing on weatheration fsic], and many other issues. I would like to personally see green infrastructure that could be used simultaneously with the current infrastructure that we're focusing on; that way, planting mangroves, building living shorelines could be used as a way to prepare for hurricanes. As an example, Hurricane Irma did not strike directly all our home values and investments because of our Everglades. Thankfully, because of our wetlands, it was deviated, and it went west to Naples. And so, I would urge you to please not pass this resolution, because it will not benefit us all. We're ground zero for sea level rise. We're one ofthe top 10 cities in the world. We should be leading in our resilient efforts; we're not. We're far behind, and we need support from our leaders. This decision that you will be making today will be impacting us all, including yourselves. In our economy, real estate investments -- Amazon did not come here because of our transit issues. Public Works is supposed to be taking care of transportation, mass transit; we're not doing that efficiently. And so, the Office ofResilience needs to remain as an entity of authority that should be working with the City Manager and with the Mayor -- Chair Hardemon: Thank you very much, ma'am. Ms. Tenser: -- and should be doing a lot more than what needs doing. So please consider and not vote on this resolution. Thank you. Chair Hardemon: Thank you very much. Ma'am, you're recognized -- Valerie Robbin: Hi. Good afternoon. Val -- Chair Hardemon: -- with the great Sierra Club T-shirt. City of Miami Page 13 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Ms. Robbin: Yeah, were here. Valerie Robbin, 730 Palermo Avenue, Coral Gables, Florida 33134. And Fin, as you can see, a member of Sierra Club Miami Group Executive Committee, Outreach Chair. We're opposed to the plan to consolidate the Office of Resilience with the Public Works Department. It's important that the Chief Resilience Of position, as many others have said, is not moved to the Public Works. The CRO should continue addressing community disaster preparedness, public health threats as a result of climate change and sea level rise, and give the CRO the ability to coordinate, work effectively and efficiently with department directors. Miami has been a leader, as we've said, in South Florida, as it relates to resilience planning. And also, we appreciate the Rockefeller grant, which was given to encourage a wide view of resilience at the municipal level. It doesn't look good for the City, and will lessen the confidence of future investor priority if the money does not go to the requests on which the grant should be applied. And I think, if money is a problem, why not ask for an extended grant or another grant? Please consider keeping the CRO position as a separate entity, where the position will have more power and resources to protect our communities. Thank you for listening. Chair Hardemon: Thank you very rnuch. Ma'am, you're recognized. Erin Clancy: Hi. Erin Clancy, 3558 Royal Palm Avenue, Miami 33133. Thank you so much for the opportunity to speak. I'm here representing the Tropical Audubon Society, one of the longest -standing environmental organizations in Miami. As you've seen,, many of the environmental organizations are here today speaking out in opposition to Resolution 23; and this is quite a change, considering that several months ago, they were supporting this Commission and Mayor in the general obligation bond, floating, and were delighted to have seen $197 million in bond funding to be earmarked for resilience projects. And now, to find that those projects are going to be led by someone who reports to Public Works and doesn't have a sea level position, it feels quite disingenuous, to say the least, and that's why you see me and so many other organizations here speaking out against it. We feel very strongly that this person needs to inform decisions beyond the construction of storm water infrastructure. For instance, the decision about the Sailing Club. I know Commissioner Russell was attending a workshop that we did on the waterfront of Coconut Grove, and how we are already, experiencing three feet of sea water during king tides and Hurricane Irma -type surges. So what is really the value of that property, considering what we face? We need to have a person who is able to advise this Commission and Mayor and not have to report to the Office of Public Works. Thank you very much for your time. Chair Hardemon: Thank you very rnuch. Ma'am, you're recognized. Maria Martinez: Honorable City of Miami Commissioners, Chairman, Vice Chair, my name is Maria Martinez, President of 50 Biscayne Condominium, Miami, Florida 33132. I'm a resident of Miami -Dade County since 1975 and of the City of 'Miami, downtown, since 2007. I'm here to speak against the Formula I contract. I would like to state for the record that I have dressed in black, because I am in mourning. I am in mourning over the death of the quality of life in downtown Miami, whether poor, rich, or middle class. Your goals -- your goal, at some time, was to live, work, and play in downtown Miami. We cannot live or sleep well with the constant noise roaring_from BayfrontParkfor days and sometimes even through the night. We cannot work, as it is difficult to move around in our cars. This includes the business sector that you say you highly treasure. Those that have to commute between the construction, additional traffic, and constant events that close the streets, it is a nightmare. I'm sure you have all been aware of that. We cannot play since our park is closed for many months out of the year. Bayfront Park has become an event menu, not a -- venue; not a park for families, children, dog lovers, and tourists. Even the City of Miami Page 14 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 beautiful oak trees are in danger of death. The Royal Poincianas, they hardly bloom. God forbid this would be done to Central Park in New York. Flagler is in shambles, and the money gone; yet, our burdens are heavy; property taxes are high. The City of Miami is prof ting from the new downtown community, while, at the same time, killing its very life. Now you want to convert our streets into a speedway. We have homestead. There's homestead where the streets are less crowded, and there's a racetrack, too, close by. You could use the racetrack, but no; they want to use downtown Miami. You have -- When is enough enough? When is enough enough? You have increased revenues from its, the residents, continually, on a yearly basis. This came to our home this week. I -- actually, today -- annual report from the Miami Downtown Development Authority for 2 01 612 01 7, and it says, "Property values have consistently increased since 2010. In 2010, the City received $9.8 billion on property taxes. In 2016, it received $16.7 billion. " Let -- that doesn't count for 2017, and that does not count for the new high-rises that are coming. Chair Hardemon: Thankyou very much, ma'am. Your time has expired. Ms. Martinez: You -- I'm almost done. Can I fust finish? Chair Hardemon: I'll let you finish. Ms. Martinez: Okay. You have now allowed all developers to overbuild again. We have enormous amounts of excess inventory. And even if we wish to leave, we would lose money due to over building again. Today, we humbly ask you that you do not approve the Formula I disaster. Chair Hardemon: Thankyou. Ms. Martinez: And Vice Chair Ken Russell, you put great effort to the sailing in Coconut Grove community; we would greatly appreciate the same support to the downtown community, which you also serve. Thankyou very much. Chair Hardemon: Thankyou very much, ma'am. Sir, you're recognized. Andres Althabe: Andres Althabe, 1900 North Bayshore Drive, President of the Biscayne Neighborhoods Association. First, I would like to present this for the record. Part of you read the letter I emailed yesterday to all of you. I'm not going to speak against Formula 1, because we really don't have enough information to speak against. I'm sure you have heard already that there are horrible traffic conditions in Miami. Let's -- I'm not going to go there. It's just that there's going to be major disruption; and the quality of life, especially downtown, has serious challenges already, and it looks like every month something bigger comes back. And Commissioner Carollo, you know, especially you, about the opposition of downtown residents to more big events in Bayfront Park. Well, this is going to dwarf any big event in Bayfront Park. The disruption is going to be long and major; not only because the racetrack is on the street and it's going to close streets, but the access to the racetrack is going to produce even more street closures. It will challenge some project that the community has very strong feelings for, which is the Biscayne Green and Parcel "B" that has been promised as a park for -- and it has been delayed for more than 20 years; and apparently, it's going to be delayed for another 10. There won't be a park in Parcel "B"for another 10. Now, ideally, we would prefer if'you defer this item and give the company and the community the opportunity to have -- _for us to listen to other companies' presentations and give them our input. My experience is that every time there is interaction with the community, the outcome is better, the project becomes better, and you should give all of us --yourselves, the company; and the community -- that opportunity. So thankyou. City of Miami Page 15 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Wendi Walsh: Good afternoon, Chairman, Vice Chair, Commissioners. My name is Wendi Walsh. I am the principal of for the Hospitality Workers Union, Unite Here, at 355, 1525 Northwest 167th Street, Miami, 33169. I'm here to speak on RE. 9, the lease for the Hyatt Regency in downtown. As some of you may know, we represent about 200 workers at the Hyatt, who serve both the hotel and the Knight Center. We --also, I'm sure you're aware the City has a labor peace requirement for projects like this, where the City protects its investments through making sure that the project has complied with their labor peace requirement. So ]Just want to give an update on that. I think we are extremely close. We're going back and forth with drafts today. I do think that we'll be able to execute a labor peace agreement by the end of the day. And so, at this point, we're feeling confident that that requirement will be juljilled. Thank you. Hugo Arza: Thank you, Mr. Chairman, Mr. Vice Chairman, Commissioners. Hugo Arza, offices at 701 Briekell Avenue; pleasure to be before you this afternoon. I'm here speaking on SR. 1, the booting and mobilization issue. You've heard me before over the past several months. I wish 1 could tell you and stand up here tell you today that I think it's a good or prudent idea to move forward. I was encouraged when we were here a month ago that the itern was being deferred to allow for a workshop to occur. In fact, I seem to recall that the motion that was made was conditioned on making sure there was a workshop before we brought the item back. For a week or two or three after the last meeting, I -- you knoN; my office -- we called here and try to ask what had happened to that workshop. There are important issues that need to be vetted outside of the forum of a two -minute or three-minute presentation, and the industry deserves an opportunity to air those views. I represent AR Booting. They are one of the responsible companies that have been in your City, paying the fee, paying the $26 per boot, fee for 12, 13 years faithfully; not one of the ones that's gotten into trouble or done anything else. They deserve an opportunity to be heard. That workshop was going to be a terrific idea. I don't know what happened to it. I would love to understand and hear from all of you where -- after that decision was made last month. But beyond that, the item before you, we have concerns with. We continue to have concerns with those items. I'll pick one specific example. There's an unattended parking lot kiosk requirement. If a 20, 000 -square -foot, unattended parking lot -- less than half an acre -- if your ordinance passes as written today, you would have to have seven kiosks. So you'd have seven places to pay, almost as many as the parking spaces you would have. I think that there are some great intentions. The AR Booting and those responsible hooters support transparency efforts. We support an opportunity to give notification to modernize, to allow for the consumers to pay for additional parking to avoid. We support all of that. Two points: Do not impose those additional costs on the booting industry without an oppor -- and that's what that will be -- right? -- an additional infrastructure, additional apps, or technology that they may have to adopt -- and at the same time, reduce their fees. You have flexibility to reduce the City fee. I think that all of you've had discussions at some point that the $26 per boot fee is probably disproportionately high for the service being rendered, and we know that that can be problematic for a municipality. Reduce that fee, but keep the booting fee, which hasn't been changed in 15 years, consistent. If you're going to ask ford eater expense of responsible booters, put in enforcement mechanisms -- that's fine -- put in what you want, for consumer protection; we fully support that. But if you reduce the fee, all you're doing and all this becomes is what it's been from the beginning: a very, very poorly, veiled attempt by the towing industry to get a foothold on booting. Chair Hardemon: Thank you, sir. Your time expired. Mr. Arza: I'll close with this. Can I just close with this? They're --you're going to probably hear about other jurisdictions reducing their amounts for booting to $25, to $30; City of Coral Gables, City ofMiami Beach; Doral will be three. You know else City of Miami Page 16 Printed on 061271201$ City Commission Meeting Minutes May 10, 2018 those cities have in common? They don't have any booting. Sure, they reduce the fees, effectively removing the hooters, and all they have there today is towing. If you think that all our residents -- Chair Hardemon: Thank you, sir. Mr. Arza: -- are going to complain about booting, wait until their cars get towed. Thank you. Chair Hardemon: Thank you, sir. Mr. Arza: Thankyou, Chairman. Chair Hardemon: You're recognized Susan Brogan: My name is Sue Vrana Brogan. I -- at 1040 Northeast 78th Road, in Shorecrest, the south side of 'Shorecrest; the side that gets king tide during the season regularly, and has been studied by the previous -- by the -- what you hope will be maybe be the previous committee. Okay. Pin here in opposition of changing the committee and the procedures for the king tide and climate change issues. Thank you. Chair Hardemon: Thank you very much, ma'am. You're recognized, ma'am. Mary Street: Thank you, Chairman, and the Commission. My name is Mary Street. I live in District 4, one block off of Southwest 22nd Avenue. I'm hereto talk about RE. 24, which is a re -appropriation in the capital budget. I wanted to bring it to the entirety of the Commission's attention, and I want to give a little bit of history for the City Manager, for everybody's benefit, to understand why I'm asking you to --1 don't know what the correct term is -- if it's excise or something from re -appropriation of 41 through 46, which would -- adds up to $1.085 million that you would be taking from a general D4 fund for streets and sidewalks and disaster recovery and putting it into Southwest 22nd Avenue roadway traffic calming. So this project -- the original idea was to reduce cut -through traffic. And then Commissioner Suarez, in December 2016, sent up an idea to the County for approval; April 2017, still no approval, but the City Commission voted to put in these traffic poles to mock the -- what would be the final plan to see if it worked. Actually; at that meeting, it was for immediate relief. But in any event, traffic poles went in in July 2017; the neighborhood lost its mind; people were --some people loved it; most people hated it. And then, finally, September 2017, at the budget hearing, Commissioner Suarez moved to defunct the project because of'all the backlash, and he explicitly said, "It would be putting the cart before the horse for me to fund this project in its current form, because it's clearly not working. We need more studies. " In December 2017, the County forced the City to remove the traffic poles on 22nd Avenue, which is a County road, and the Count, has the jurisdiction and power to do that. The poles are gone. The road is back to the way that it was before any of this happened. Now we have Manolo Reyes, who, bless his heart, is trying to come up with a solution to cut -through traffic, which I don't know if anybody can do, but I'm not here asking you to do nothing,- I'm asking you to do it right. Whatever is done needs to be done right. And funding something now with $1 million to a project that we don't have -- nothing has been approved. Commissioner Suarez' proposed project is rejected and over. Manolo Reyes' proposed project is -- maybe it will be approved, but it's not yet approved, and we don't know what it's going to be. So, because we don't know what's going to be approved, the neighbors haven't been noticed of'it. Commissioners Russell and Commissioner Carollo, you have residents who were both -- were very upset way back at the original project. You don't know what this project is either, so you can't know if your residents will be affected by it. So I'm City of Miami Page 17 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 asking not to be fiscally irresponsible; not to do a disservice to the D4 residents, to the "D" -- the other residents in the surrounding area. And whatever does happen to that avenue, if anything, I really would appreciate if it's done right and in the correct order, because then maybe when it is finally set, the public can come and talk about whether they want it to be funded. I don't know whether 1 would like whatever project is mystically coming down the line, and I'd like to know before it's funded with over a million dollars. Chair Hardemon: Thank you very much. Ma'am, you're recognized. Catherine Berendsohn: Hello. Thankyou for hearing me, Commissioners. And my name is Catherine Berendsohn. I am a native, born to Miami, and my grandmother grew up in Coral Gables. I'm a third -generation Miamian, but today I wear my ancient dress as a Scandinavian, because you are deciding the future of the City of Miami by your change in funding in, the powers of the Office of Resilience. The ice of Scandinavia is melting. You can't change this, and it will not slowdown for you because you don't want to notice. If you want to have any future, especially an economic one, or any future at all, for this transitional landscape -- Florida is the most vulnerable frontline in the effects of climate change. It's our hope if humanity has affected this change, because it means we may be able to address this problem, but you will not address this problem by demoting the powers of the Office of Resilience. This is the most essential thing. All ofvour efforts and budgets should be addressing this, just as generals facing a war must see what is of the highest priority of the continuation of the City of Miami. And on behalf of my grandmother; who so loved her Coral Gables, and on behalf of my future that I would like to continue here, I am asking you to not tie the handsof very off ce that will save your positions and mine. We are facing this reality now, andyou must be the leaders that are needed by your choice of budget, which is merely emphasizing where we will spend our attention and marshal ourselves to address the needs of our future. Florida is attractive, because it is a Peninsula surrounded by water, Atlantic and Gulf and these oceans are the direct line of change right now on the planet. The Office of Resilience is not something for you to try and dismiss or even ignore, even for pressing daily, concerns. It is the most pressing need that we have today, and it is the highest need Florida has ever faced. This City has not existed very long in the history of the world, but the land itself is ancient and is reliant upon these forces, which I have taught about as my time as an employee and trusted with the education of the young at the Deering Estate at Cutler, off Biscayne Bay; also at Mission San Luis to Apalachee in Tallahassee, where I received my first bachelor's degree. Chair Hardemon: Ma'am, your time has expired. Ms. Berendsohn: The Florida history matters to you now, and that which I represent today -- Chair Hardemon: Ma'am -- Ms. Berendsohn: -- is the reality that is your future. Chair Hardemon: --your time expired. Thank you very much. Ms. Berendsohn: I just want to say, recognize that the ice is melting. Chair Hardemon: You're recognized, ma'am. Paula De Carolis: Thank you. My name is Paula De Carolis. I live on 1852 Southwest 16th Street. I am here on item RE.24, and I'm requesting that Southwest - - the Southwest 22nd Avenue Roadway Traffic Calming Project is not funded until City of Miami Page 18 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 your vet -- you have a vetted proposal that has been notified to residents and approved by the County; otherwise, we are tying up 1.088 million for nothing. It is unclear what the project will entail. I ask that the process is kept transparent; that it is made public and available to anybody that requests it for -- before it gets approved and voted on. I ask that the plan is comprehensive, and that experts -- outside traffic calming engineers -- are consulted; urbanists, planners, and emergency responders, et cetera. Streets are public right-of-way; they do not belong to a handful of Silver Bluff residents. They area network that have a purpose to connect to a grid and to provide alternative roadways to major roadways. Please do not fiuid this project yet. At this moment, it is not ready. We don't know what it is going to be. Thankyou. Chair Hardemon: Thank you very much. Sir, you're recognized. Michael Laas: Thankyou. Chair, Vice Chair, Commissioner. My name is Michael Laas. I'm a resident of 820 Northeast 73rd Street. I also serve on the DDA's (Downtown Development Authority) Resilience Task Force, but today my comments are my own. I'm here to oppose Resolution 23, which then moves the CRO's office under Public Works. I believe it should be a group that reports solely to the Mayor's Office. If you look at cities like the City of Houston, the City of Los Angeles, City of New York, they all retain the Resilience Department as an entity that reports to the Mayor's. That is because it has purview over many, many departments. Of course, I am concerned that such a move, if we were to put this under Public Works, send the wrong signal to the banks, to the insurers, to the -- credit rating agencies would see this as a negative mark against Miami's future and investability, which is a key concern. Also, as a taxpayer and a citizen, I would say, that I believe the most value for the department would come from it operating autonomously over many- departments, anydepartments, reporting directly to the Mayor. And that is all I have to say. Thank you. Chair Hardemon: I typically don't try to interrupt. Did you all voice these concerns to the Mayor? Mr. Laas: We have in two dif ways. I know many groups have. Yes. Chair Hardemon: Okay. I just want to be clear. Okay. You're recognized. Greg Koman: Thankyou. My name is Greg Koman. I live at 3122 Hibiscus Street, here in the Grove. I'm a Ph.D student at the University of Miami in -- at the Rosenstiel School of Meteorology and Physical Oceanography, and I chose this path -- I'm actually in my late `30s. I changed my career, because I want to be a solution to climate change, and I thought no better place to do it than at the location that is ground zero for climate change. I'm here in -- against Resolution 23. As a scientist, I can attest that sea level rise is not only happening, but is exponential in the future, and there will be a time in the future where it'll be too late to be able to address the resilience of this City. In a hundred years, from now, this very building will be under water. So history will look back on how politicians in the City addressed this crisis of climate change. And anything that can be done to prepare the City for this crisis must be done, and that includes voting down Resolution 23. Thankyou. Chair Hardemon: Thank you very much. Ms. Weller. Pamela Weller: Hello. Thank you for this public hearing. I appreciate it. Pamela Weller, 401 Biscayne Boulevard, Bayside Marketplace. I represent the owners of Bayside Marketplace in saying that we are in full support of the City of Miami and Miami -Dade County looking at the Formula I agreement. The reason that we think the Bayside Marketplace is world renown is because the City -- all of the wonderful City of Miami Page 19 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 fabulous events that have taken place over the last 31 years, the Bayside Marketplace has had their doors open, from Orange Bowl parades to 20 years of Ultra to amazing events that are world renown. We are world renown because of who we are. And to not look into the Formula I Program would be wrong. And I wanted to give you my full support and the company's full support that we look forward to hearing more about it. Thank you. Chair Hardemon: Thank you. Sir. Ralph Andrade: Good afternoon, Commissioners. Ralph Andrade. I'm here on item SR. 1, the booting item. I'm a resident ofthe City ofMiami. I reside in Coconut Grove. I know most ofyou have, over the last six or eight months, heard me speak, so I'm going to try to direct most of my comments towards Commissioner Carollo. Commissioner Carollo, you were actually Mayor when this ordinance was passed, and at that time, my partner was Hugh Cochran, and we are the ones who brought, with me, booting to the City ofMiami, so I bear some unfortunate responsibility for the mayhem that has ensued since that time. And, you know, me and Mr. Cochran got out of the business as a result of the type of activity that was going on and that's plagued the City over the last number of years. What I would say to you all is, you know, keep your eye on the ball. There's this consistent allegation that this is some, you know, secret move by the towing industry to put the booters out of business. Thats untrue. We're here because, you know, one of these booters ripped off the City for close to a million dollars, as far as we know. That's why we're here. Some other booting company was reported in the Herald. One of the booters assaulted and, you know, beat up one of the persons who was the subject of a boot. So I would urge you, you know, just discount that. That's a red herring. You don't really need to consider that. You know, the kiosks example that Mr. Arza raised as far as why, you know, don't lower the fee. If you're going to increase the fees --1 believe the most recent ordinance eliminates the kiosk and only requires a pay -by -phone app., so you wouldn't have the expense of a kiosk. So I think that was a very bad example for Mr. Arza to use. And the reason you should lower the fees is because at the current rate structure, it allows -- there's excess profits; it allows the booting companies to give kickbacks to private property, owners, which is what they're doing, which is what results in the predatory towing that we've had going on in the City for so long. So I am here to encourage this Commissionn to pass and adopt the ordinance at this time. $50 is -- you could probably go lower than that, but it's reasonable. And I would just urge you all just to remember, you know, perfect is the enemy of the good. So while the ordinance may not be perfect -- and I know there was talk about a workshop -- it's good, it's ready to be passed. And something needs to be done to eliminate the -- what's going on, really, which is a shame and a blight on the City, and it needs to stop, and hopefully will go a long way towards stopping if you pass this ordinance today. Thank you. Chair Hardemon: Thank you, sir. Counselor, you're recognized. Manuel Prieguez: Mr. Chairman, thank you very, very much. Manny Prieguez, 4000 Malaga Avenue. I'm going to speak on this item, SR. 1, and then I'm going to step aside and speak on a different item, if that's okay, Mr. Chairman. And, you know, just to echo Mr. Andrade's remarks, this was originally,filed in September; this ordinance, and we're here now in May. And it's been vetted, it's been discussed, it's been -- Commissioner Russell has done a yeoman's work over the course of many months, trying to get this to as good a position as it can get, and quite frankly, that's where we are right now. And so, I would encourage_for this Commission to pass. I'm under the understanding that there might be some amendments, particularly sponsored by Commissioner Reyes, which we also support quite a bit. And, you know, to one of the other remarks that my, esteemed colleague, Mr. Arza, mentioned about other municipalities and -- "It's 25 over there. " And, you know, "Why aren't City of Miami Page 20 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 they booting over there? " Well, its quite simple. If you could sell coconuts in the City of Miami for $65, but you could only sell coconuts in Doral for $25, where are you going to go and sell your coconuts? You're going to come to the City of Miami so you can sell your coconuts for $65, because otherwise, you're not going to be making all that much money in other places. The point is, is that if the City lowers the rate, then they'll probably then go to the other municipalities that have chosen to put their rates at 25 or 30 or $35. So 1 would submit that point to you, and I encourage your vote, and 1 want to thank Commissioner Russell and all of you for your time on this matter. Thank you so much. Chair Hardemon: Thankyou, sir. Commissioner Carollo: (UNINTELLIGIBLE). Mr. Prieguez: Your microphone, please. Chair Hardemon: We're almost -- Commissioner Carollo: Yeah. Why do you guys -- Chair Hardemon: -- there, closing up public comment. Commissioner Carollo: -- keep using Doral as the other example? Is that --? Mr. Prieguez: Because they were the most recent -- No, no, no, it has nothing to do with you. Chair Hardemon: Don't answer. Just stop. Mr. Prieguez: No. It has -- Chair Hardemon: No, no. Just stop. Mr. Prieguez: -- nothing to do with him. He -- I believe you had -- Chair Hardemon: It's a joke. Mr. Prieguez: -- left already. Chair Hardemon: Stop. Mr. Prieguez: No, but I want to answer it seriously. Mr. Carollo -- Commissioner Carollo, you had left already. Commissioner Carollo: You and Arza, why Doral? Mr. Prieguez: They were the most recent municipality that lowered their fee to $25, unbeknownst to us, in December. I believe you were not the Manager there anymore. Commissioner Carollo: I never -- Mr. Prieguez: That's the reason -- Commissioner Carollo: -- heard "booting" in Doral, until I got here in Miami. Mr. Prieguez: Thank you very much. City of Miami Page 21 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: One more question. Mr. Prieguez: Yes, sir, Commissioner. Commissioner Carollo: 1 did hear your address in Malaga, which is Coral Gables. Are you here representing yourself or you're representing someone else? Mr. Prieguez: No. 1 represent VIP Booting -- sorry -- which is Mr. Andrade's company. Commissioner Carollo: Okay. Mr. Prieguez: His son's company, to be perfectly clear. It's not even his company; it's his son's company -- Commissioner Carollo: Okay. Mr. Prieguez: -- so that's who I represent. My home offices are at 4000 Malaga Avenue, and I have my BTR (business tax receipt), and I have all my permits, everything in my little home office that I have -- Commissioner Carollo: Well, I'm sure -- Mr. Prieguez: -- on the corner -- Commissioner Carollo: -- you do, Manny. Mr. Prieguez: 1 have a little bedroom, butt have a -- Commissioner Carollo: I'm sure you do, but, you know, I just wanted -- Mr. Prieguez: To be clear. Commissioner Carollo: -- to get it on the record because, somehow, I didn't think you were here representing yourself. Prieguez: No, no, no, I'm not. Chair Hardemon: I think he said he's going to step aside and then come back and represent yourself. Is that what you said? Mr. Prieguez: No, Fin going to comeback on a different item. Chair Hardemon: Oh, okay, but -- okay. Mr. Prieguez: On a different item, RE. 6. Commissioner Carollo: Well, Arza gets one up on you; he identified who he was representing beforehand. Mr. Prieguez: You got me. You got me. Chair Hardemon: You're recognized, sir. David McDougal: Yep. Thank you. Try to keep this quick. David McDougal, and I live at 4123 Northwest 11th Place, proud resident of Liberty City. I am chair of the City of Miami Page 22 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Admin/Finance Committee for the Miami Climate Alliance. I'm a co -designer of the Florida Disaster Resilience Initiative Program that's in 15 low-income neighborhoods across South Florida. I am a co founder with Lindsay Agunder (phonetic) and Maggie of the Community EOC (Educational Opportunity Center) Program that served in Hurricane Irma and in Little Haiti and Liberty City and Allapattah. 1 want to strongly urge you to reject the City Manager's dangerous proposal regarding the resilience of our City and the protection of our communities. I want to mention that we've had many people that were here today -- Thankyou for listening to us for so long, but we had many people that had to leave. We did have Tiffany Troxler, the Director of Sea Level Solution Center at FI U (Florida International University); we had Leisha John, Director oj'Sustainability for Ernst and Young; we had a representative from League of Women Voters, Miami Chapter; we had Caroline Lewis, who's organized Mayors' roundtables, neighborhood forums, and all low-income, vulnerable frontline communities. The CRO must do more than, what the Public Works Department can handle. It's not enough to have her report to that department. You've seen our letter; we have all our demands there, our requests there, and we have many signers of that letter, including Cynthia Hernandez of South Florida AFL/CIO; Maria Rodriguez, Executive Director of'the Florida Immigrant Coalition; Susan Windmill, our President of League of Women Voters; the Sierra Club Miami Executive Committee; Gretchen Bison, Chief' Executive Officer of Catalyst Miami; Rob Biskupic, Executive Director of Engage Miami; Trenise Bryant, board Chair of Miami Worker Center; Salome Garcia, President of 350 South Florida, and I could go on and on. It is so crucial that we do not demote this office and that we move forward with the great progress that we've been -- made -- and that we step it up. Thank you so much. ChairHardemon: Thankyou. Luis Carmelo (as translated by Maria Aguero, O,ficial Spanish Interpreter): Good afternoon. I'm here for -- I'm here in support of the Resolution CA. 4, the march that is going to be -- that is scheduled for the May 20, in the 8th Street, promoted by Jorge Rodriguez and Armando Perez-Roura, owner of the radio station, "The Poderosa. " And I'm asking, please, for all the collaboration that you could give to this event in the matters of transportation and all the collaborations and the support that you can give them. This march is also to support to the people of Cuba. They are victims of the dictatorships in Cuba, of the tyrant in Cuba. And at the same time, I'm very sad because of the ambassadors that are in Cuba, including his ambassador; he's representing Colombia. Seeing that all this happening in Cuba and all, they could not do nothing about it. I hope that this march is also useful for - - I'm seeing here that all the Cuban exile are giving support to those -- to the people in Cuba, and he's hoping that the people in his country is also giving support to them. Okay. Chair Hardemon: Thank you very much. Mr. Carmelo: ThankYou. Chair Hardemon: Sir; you're recognized. Joe Simmons: Good afternoon. Joe Simmons, Jr., President of the AFSCME (America Federation of State, County, and Municipal Employees) Local 871, representing the solid waste and sanitation workers. We're in support of RE.22. We just want, as a side note, to remember to include Solid Waste, NET (Neighborhood Enhancement Team), Public Works, and Parks Recreation workers for the cleanup .for this event. The last time we had this fiasco was like 15 years ago, where initially, the Commission directed the Manager's Office at that time to include its as part of those cleanup services, and we want to make sure that doesn't happen again. Thank City of Miami Page 23 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 you. Also, I wanted to say, I believe my counterpart, Mr. Shaun Moy, would agree that we should also be inclusive of that contract, just like Police and Fire. Thank you. Chair Hardemon: Ma'am, you're recognized. Mr. President, make sure you see the City Attorney, because I want to make sure I get the language right on what you need, okay? You don't have to come to the lectern; just make sure you see the City Attorney. I want to make sure 1 get the language right. Mr. Simmons: Thank you. Chair Hardemon: Thank You. Brenda Betancourt: Good morning, again. Brenda Betancourt, 1436 Southwest 6th Street. I just want to congratulate all of you who has support in this event. We understand that there is going to be a lot of cost. Unfortunately, most of the participants are residents of the City ofMiami and the surrounding areas, and they are not an organization who's actually benefiting out of it. We're expecting confirmation from our Governor, Rick Scott, who's going to be supporting in this event as well, to see if we can coordinate and try to help as much as possible, because we have just nonprofit organizations are participating with the rest of'the residents of the City ofMiami. So we hope that the same way that we support in all those events -- because we, as the City ofMiami, do have a lot of events through the Year -- that this time, which is something -- speaking about the freedom of our countries for those who are not born and raised in United State or Miami -- all of us who come from any different country, we should support th.e freedom of everyone, in the same way that we support a lot of different events; that they pay a dollar to use 8th Street from -- every time they want -- need it, and we know we -- well, first of all, we talking about. This is a civic event. This is not about promoting anybody in specific. It's talk about the freedom of those who have been under dictatorship for more than 55 -- 58 years, I believe. I am not Cuban, but I do have a husband, and I do have a daughter, who, I hope, one day, they can actually go and travel to Cuba as a freedom country. So I hope that you guys think about that. This is not about political positions. It doesn't matter what party, you are or what is your belief. This is aboutpeople having the right -- A lot ofpeople, they are here. They're trying to talk about resilience, sea level rise. Freedom in other part of the countries are part of our rights, too. So I hope that you guys support it, regardless of what your belief are, because this is not a party. This is a civic engagement to support freedom in Latin America. Thank you. Chair Hardemon: Thank you very niuch. Ma'am, you're recognized. Linda Cheung: Hi. My name is Linda Cheung. I live in El Portal. Do I have to give my full address? Okay. So Pin here today to speak about RE. 23, which is the motion to reduce the scale and importance of the Office of Resilience here in Miami. I believe that would be a mistake. Here in Miami, I believe that the greatest threat that we face is climate change, sea level rise, and we have to think more long-term about the issue. I work in the community. I work for a orga -- I run an organization called "Before It's Too Late. " And it's called "Before It's Too Late, " because I believe that we are returning out of time and our -- we have a short window of time. And a lot of people in the United States looks to Miami as a place that is afected by sea levet rise and as a place that should be also championing the solutions for this. So essentially, the motion here would demote the Chief'Resilience Officer several levels, it would scale down the budget, and I think what that would do is actually detract talent. It would -- the -- and also, the influence that the office would have, and it should be the most important issue that we need to keep at the top priority level. So that's alll have to say. City of Miami Page 24 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: Thank you very much, ma'am. Sir. Mr. Prieguez: Thank you, Mr. Chairman. Once again -- Chair Hardemon: We have some people behind you that haven't spoken yet. Mr. Prieguez: Say again. Chair Hardemon: We have some people behind you that haven't spoken yet, and I want to make sure they speak before you get a chance to (UNINTELLIGIBLE). Mr. Prieguez: Oh, okay. That's fine. Chair Hardemon: Sit; you're recognized. Bob Deresz: Gentlemen, thank you. Ladies. I'm so nervous. Oh, my God. 1 just drove in my car; been watching it all morning. Bob Deresz, 200 Southwest 15th Road -- 7K -- 33129. You've seen me here before. Thank you for taking out the moorings from the basin, just to let you know; appreciate that. I put a lot of -- two years of effort trying to talk you guys out of'it. The --I laughed when I read about the Grand Prix, because I got a good memory. I remember the last time, Sanchez did it downtown here. We loaned them --all that money, and as collateral, you know what we got? We got all those cement barriers -- right? -- that they put in the road. They use itfor construct -- they use itfor construction. They're about this high. They're aboutfive-foot long. You see them. You actually used them during -- in the middle of the highway, too, and they cement them to make them look like they're one piece. Well, we took that as collateral, the last race, you know. We didn't make any money. We didn't make any money. He blew it off, you know. He lost. And, you know, a few years later, went down to Homestead; tried to do it again. But I don't know where all those barriers are, but just to let you know -- and we lost the money, but we got a lot of barriers. Well, the Grand Prix in Palm Beach filed their suit. 1 could read part of this. Filed and sued Miami for over a hundred million -- about a million dollars. There is -- they quote, "There is nothing new. Ralph Sanchez got a grant of $500, 000 each from the City of Miami for four years. " We would go with one-third of the grant. IfRalph can do it, we can. Well, they also went bust, right? They didn't get paid their money back. Last -- 2016 -- this is real hard to Google, because they hide this stuff. 2016, the City of Boston., there was an auction, right? They auctioned off -- they also went -- put money for the Grand Prix. Oh, by the way -- oh, and that one never happened. They auctioned off the barriers that they also got for collateral --right? --for putting on the Grand Prix. They got $25, 000 for a million dollars' worth of those barriers. Also, one person claims that they're still owed $377, 000 by the promotor of that, whose name is John Casey, and I believe is still being indicted -- or was indicted for fraud for buying -- you know, buying homes, buys suits, paying off mortgages. Chair Hardemon: Sir, vour time is Mr. Deresz: Anyways, if you want to make a fool of ourselves again, you're welcomed to. I'd like to give this (UNINTELLIGIBLE). Chair Hardemon: Give it to the Clerk for me, please. Thank you very much. You're recognized. Mr. Prieguez: Thank you very much, Mr. Chairman. Again, for the record, Manny Prieguez, 4000 Malaga Avenue. City of Miami Page 25 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Sure you didn't have anybody else behind you? Mr. Prieguez: Is there anybody else that wishes to speak? Chair Hardemon: Go ahead. Let him go now. You all knew that you were -- Mr. Prieguez: Are you going to -- wish to speak? Commissioner Carollo: Yeah. Unidentified Speaker: Yeah. Mr. Prieguez: Come on up. Chair Hardemon: You can't sit pretty -- Mr. Prieguez: They want to leave the best for last. Chair Hardemon: -- --and then at the end, want to interject yourselves. Grace Solares: Okay. My name is Grace Solares. Chair Hardemon: Yes, you are graceful. Ms. Solares: How are you, Mr. Chair? Chair Hardemon: I'm doing well. How 'bout yourself? Ms. Solares: I'm coming here to talk on a couple of things. On RE. 8, make certain that the lease requires waterfront property. The Charter requires that those items be taken for release within the five -- last five years of the leases, and the extensions can only be for 10 years. Just take a look at the Charter. On the strong Mayor issues, I oppose the petition that is being circulated for strong Mayors throughout the City. I don't think the Ciiy of Miami needs a strong Mayor. As a matter of fact, we haven't had a good result with a strong Mayor in the County. So just to put it on the record, I'm against that petition. I intend to go to the radio and television and whatever to talk against it. But I'm here today to oppose every single one of the proposed amendments in here; we have about six or seven. Sometimes they don't even make mistakes. They make amendments to 21, Charter -- Section 21 that deals with the City Attorney. It has nothing= to do with the Mayor or the Commission or anybody. And also, it deals with many issues that I think are not good for this City. We are okay with the kind of government that we have. But there's one particular amendment here that does away with everyone; does away with the County -- I mean, with the Mayor, with the City Manager, with the City Commissioner. It does away with everyone. I would agree to that one, with one amendment: that you do away with the City ofMiami as a municipality and leave us with the County alone, and we'll make only one tax. Because I believe that a strong Mayor for this City is horrific, and it shouldn't be done in any form or fashion, whether it's a sponsorship being by Commissioner Carollo or the one being proposed by the Mayor of this City. So I'm opposing all of them. And I just came backfrom a stress test, and my heart is not going to kill me, but you are going to kill me. Chair Hardemon: Thank you very much, ma'am. We have one more individual. You? You want to speak? If not, it's okay. Mr. Prieguez: (UNINTELLIGIBLE) Commissioner -- City of Miami Page 26 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: Commissioner -- well, we're going to get there. Let's -- let me -- Miguel Soliman. Thank you, Mr. Chairman. Miguel Soliman. I just wanted to thank Commissioner Carollo for sponsoring CA. 4, and the strong support of Commissioner Reyes and Commissioner Gort, and I hope that -- I also want to thank the Mayor for his support, and also thank you both, Commissioner -- Chairman Hardemon, Commissioner Russell --for the consideration of thinking of that item, and I hope to see you both there. 1 understand the Governor has confirmed that he's going to be there on March 20, and there's going to be a lot of Commissioners from Dade County there also, so it would be great if all our five Commissioners could attend and show the strong support jor this great cause. Thank you very much. Chair Hardemon: Thank you very much. Sir, you're recognized. Mr. Prieguez: Huh? Chair Hardemon: He's recognized. He's recognized. That's it. Commissioner Carollo: Anybody else? Chair Hardemon: No, no, no. Stop. I'm telling you. Commissioner Gort: Anybody outside? Commissioner Carollo: Anybody else? Mr. Prieguez: Manny Prieguez -- Commissioner Carollo: Hold on. Hold on. No more? Mr. Prieguez: -- 4000 Malaga "Avenida, "Miami, Florida 33133. I'm here representing Eastern Waste Systems. And in all seriousness, I'm going to ask this Commission to please defer RE. 6, and there's two reasons why I want you to defer RE. 6. The first reason is because I have not had the opportunity to be able to give a proper briefing, if you will, on my client's side of the story with the new Administration. I just found out about this today. I had no idea that this was on the agenda. That is partially my fault, I'll admit. But thankfully, I'm able to make this request of the Commission, because it's not only the Administration that I'd like to speak with, that they know nothing about the history of what's gone on here, but there are a couple of new Commissioners that do not have the, you know, luxury of having a little bit of historical knowledge on the matter. So that's the first reason why I would like for this to be deferred today. The second -- Chair Hardemon: The item deals with S&S National Waste, right? Mr. Prieguez: That's correct. Chair Hardemon: You cite -- Mr. Prieguez: That Bicon -- that's -- Chair Hardemon: But what company are you representing? Mr. Prieguez: EWS, Eastern Waste Systems. Victoria Mendez (City Attorney): The ones who are suing us. City of Miami Page 27 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mr. Prieguez: Exactly. And the reason why we're suing you is the reason why your Law Department is bringing this resolution before you today. That's why they're bringing this forward today, because they want to un -wrong [sic] the wrong that was committed back in 2016, when Bicon S&S was awarded a franchise without having gone through a proper procurement process. Chair Hardemon: We'll talk more about that when we come closer to the item, because I know -- Mr. Prieguez: Well -- Chair Hardemon: -- I'm very familiar with it. Mr. Prieguez: Yeah, you're -- Chair Hardemon: And 1 thought we had come to some sort of resolution about it. Mr. Prieguez: No, no, no. There's absolutely been no resolution, because the prior Administration, headed by Mr. Danny Alfonso, basically took it upon himself to award that company a franchise. He took it upon himself. As a matter of fact, in December of 2015, right after Ken Russell had been elected, there was a vote about opening up the RFQ (Request for Qualifications), and the Commission said, "No, we don't want to reopen the RFQ. " They did not participate in any RFQ, and to this day, they have not participated in an RFQ at all, while all of the other companies, the 10 companies that are disposing of commercial waste in the City of Miami, went through a proper procurement process, were vetted, and were awarded a franchise. They were awarded a franchise by Danny Alfonso, because he signed, and that's wrong. And that's why this lawsuit -- Chair Hardemon: But the tough part about it, though, is I know that there are procedures that allow for the City Manager to make a decision about adding someone, so that's why ]just -- this is not the proper time to do it, because you only have two minutes to address it, so -- Mr. Prieguez: Fair enough, fair enough. But would askfor a deferral so that may have the opportunity to please speak with Commissioner Reyes and please speak with Commissioner Carollo, if you will allow me to -- Chair Hardemon: What I would suggest is I would -- Mr. Prieguez: -- because -- Chair Hardemon: Let me say this. Mr. Prieguez: Yes. Chair Hardemon: What I would suggest is that after we have a chance to -- because we haven't had the -- I mean, most of us have been sitting here, way past our time that we're supposed to leave -- Mr. Prieguez: I understand. Chair Hardemon: --_for lunch. And so, we still have things that we want to take care of before we even get a chance to eat. And so -- Mr. Prieguez: I understand. City of Miami Page 28 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: --we're not going to get to RE.8 right now. It's not going to happen. So what I'm explaining to you is that take the opportunity, once we leave this dais, to at least convince one of the two of them -- or two, hopefully -- that you need a continuance and that -- and see fit. If they see fit -- because they're going to speak with our City Attorney -- don't make a face -- if they want a continuance, then we get one, but you're not probably going to get one just like this. Okay? So -- Mr. Prieguez: Well, I mean, I understand. And just -- my last point is, is that 1 think trying to do this -- the City's attempt to try to do this really is sending the wrong message, because what you're saying is, "Oh, you know, we did something illegally. " Chair Hardemon: It's the wrong message. Mr. Prieguez: "We did something against the Charter. " Chair Hardemon: 1 understand. Mr. Prieguez: "And now, let's go ahead and, "you know, "go around and just" -- "let's just fix it" -- Chair Hardemon: I -- listen. Mr. Prieguez: -- while all of the franchisees -- Chair Hardemon: This moots your lawsuit, right? Mr. Prieguez: 1 don't know. 1 don't think so. Ms. Mendez: Yes. Chair Hardemon: I -- Mr. Prieguez: I don't -- no, no. This absolutely does not ruin the lawsuit, because there was not a proper procurement. Chair Hardemon: Hey. Mr. Prieguez: If it's not -- Chair Hardemon: Excuse me. Mr. Prieguez: -- in any way or -- She thinks that, but it doesn't. Chair Hardemon: But let me -- so let me finish by saying this: Your time has expired. Thank you very much for your time. Mr. Prieguez: Thank you, Mr. Chairman. Chair Hardemon: We're going to move on to the next person that wants to speak. Mr. Prieguez: Thank you, Mr. Chairman. Commissioner Carollo: See, there was somebody else that -- Rosario Kennedy: Yes. City of Miami Page 29 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: -- you left behind. Ms. Kennedy: Well, he touched upon my clients, so -- Good afternoon, Mr. Chairman.. Rosario Kennedy, with offices at 2645 South Bayshore Drive, here on behalf of Bicon, doing business as S&S Waste Management, a company -- a family- owned company that has been servicing the City for almost 25 years. And yes, almost two years ago, there was a public meeting in these chambers, and the Commission voted. The Manager did have the prerogative to add other companies, and our company was added. 1 simply --1 request to ratify that agreement and add Bicon to the franchise agreement. Thankyou. Chair Hardemon: Thank you very much. And I'll close the public hearing at this time, seeing no further person that want to speak on the issues. LTA 1YdLTA EMS] M310=1IM=61 NO MAYORAL VETOES (Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the City Clerk as the first substantive item(s) for City Commission consideration.) ORDER OF THE DAY Chair Hardemon: Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Hardemon: Thank you very much. END OF MAYORAL VETOES Chair Hardemon: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online at wwwniunicode.com [sic]. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the City Code in writing. A copy of this Code section is available in the City Clerk's Office or online at wivivmunicode.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 wwtivmiamigov.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 City of Miami Page 30 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 public comment period. When addressing the City Commission, the member of the public may first state his or her name, his or her address, and what item will be spoken. about. A copy of the agenda item titles are available at the City Clerk's Office and at the podium for your ease of reference. 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 wwwniiamigov.com [sic]. No cell phones or other noise -making devices are permitted in chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in the Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will either end 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 been generally briefed by City staff' and the City Attorney on items on the agenda today. At this time, the Administration will announce which items are being either withdrawn, deferred, or substituted. Thank you. Joseph Napoli (Deputy City Manager): Order of the day. Good morning, Mr. Chairman, Mr. Vice Chairman, Commissioners, Madam City Attorney, and Mr. Citv Clerk. At this time, the Administration would like to defer and/or withdraw the .following items: PH. 3, to be withdrawn; PH. 4, to be deferred to 5/24; PH. 6, to be deferred to 5124. Chair Hardemon: Slow down a little bit. So you're withdrawing PH.3, deferring PH.4 -- Mr. Napoli: Deferred; PH. 6, deferred. Commissioner Carollo: Can you start off again. after PH 3? Mr. Napoli: Sure. PK3, to be withdrawn; PK4, to be deferred to 5/24; PK6, to be deferred to 5/24; SR. 3, to be deferred to 6128; FR.2, to be deferred to 6114; RE. 1, to be withdrawn; RE.2, to be deferred to 7/26; RE.3, to be indefinitely deferred; and RE. 4, to be withdrawn. Chair Hardemon: Now, start over again for me, please. Mr. Napoli: P113, to be withdrawn. Chair Hardemon: Do me a favor. The first thing, say, "to be withdrawn, " and then say the number; then, if there's a deferral, say, `for deferral,, " then say the number; so -- it kind of helps my mind organize a little bit better. Mr. Napoli: Okay. Chair Hardemon: Thank you. Mr. Napoli: To be withdrawn, PH. 3; to be deferred to 5124, PH. 4; to be deferred to 5124, PK 6; to be deferred to 6128, SR.3; to be deferred to 6114, FR.2; to be withdrawn, REJ; to be deferred to 7126, RE.2; to be indefinitely deferred, RE.3; to be withdrawn, RE.4. City of Miami Page 31 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: Thank you, sir. Was there an SR.4? Because I wrote down SR.4. Mr. Clerk, was there an SR.4 on the deferral list, or did I write down the wrong --? Commissioner Carollo: SR. 3, SR. 2, I heard. Todd B. Hannon (City Clerk): Commissioners, only SR. 3. SR.3 is to be deferred to June 28. Chair Hardemon: Okay. So was there an FR.4, then? Did is mistakenly --? Mr. Hannon: Yes, sir. FR.2 is to be continued to June 14. Chair Hardemon: FR.2. Ms. Mendez: PH.4 and RE.4 are the 4's that you're thinking about. Chair Hardemon: Okay, it would be RE.4, then. Okay. Are there any other items? Seeing none, all in favor of this -- I mean -- I'm sorry. Is there a motion to withdraw, defer, and indefinitely defer the items? Commissioner C'arollo: Motion. Chair Hardemon: It's been properly moved; seconded by the Chair. Any further discussion? Seeing none, all in favor of that motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: That motion carries. Later... Chair Hardemon: I mistakenly allowed PK3 to be withdrawn from the agenda, so I'd like to entertain a motion to reconsider PH. 3. Vice Chair Russell: I'll move it. Chair Hardemon: It's been properly moved; seconded by the Chair, to reconsider PH. 3. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Thank you very much. That motion carries. City of Miami Page 32 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 PA-PERSONALAPPEARANCES PA.1 PERSONAL APPEARANCE 4021 PERSONAL APPEARANCE BY WILLIAM TALBERT, PRESIDENT AND CEO OF THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, REGARDING THE STATE OF THE TRAVEL AND TOURISM INDUSTRY. RESULT: PRESENTED Mayor Suarez: Obviously, Miami has a lot of wonderful attributes, including this incredible bay that we can sail in, right? Yeah? (Applause) Mayor Suarez: Which, by the way, I grew up sailing in. And I can tell you, there are many times, as Mayor, in the first six months that I've been here, that I wish I was out there sailing; certainly much more peaceful. But today we have an opportunity to commend the work of the Greater Miami Visitors & Convention Bureau, who's here, and Billy Talbert, and all the beautiful days that you've dialed up for sailing and for sun and fun in the City. And we can declare today by my hand and by this amazing Commission that we have here "National Travel and Tourism Day" in the City of Miami. So we invite people from all over the world to come visit its, to enjoy our restaurants, to enjoy our weather, to enjoy our bay, to enjoy all the wonderful things that you can only do here; you can't do them anywhere else in the world. And so, Billy, without further ado, you have the floor. And today I have the privilege of being able to create this (UNINTELLIGIBLE). William Talbert: Thank you, Mr. Mayor. As a City resident, I'm proud to have you as my Mayor and Commissioner Russell as my district Commissioner. We got Gene Prescott. I think -- do I need to introduce Gene? Huh? Identi -- This week -- this month is National Travel and Tourism Month, but you know what? In many ways, every day in the City of Miami is Travel and Tourism Day, so thank you for your partnership. We couldn't do it without you. Let's hear itfor the City. (Applause) Mr. Talbert: You know, we had --just last week at the Frost, we have our State of the Industry Address; standing room only; a lot of support by the City. Commissioner Gort serves on our board, too, from CAMACOL (Latin Chamber of Commerce); Chair Keon Hardemon serves on our board as well, and he's -- I don't think he's missed a meeting. He doesn't -- Huh? Unidentified Speaker: (UNINTELLIGIBLE). Mr. Talbert: Not that I can remember, that's correct. You know, this is Miami Museum Month. I think you know that. You've seen the banners. Ten of your great museums are part of this BOGO, Buy One Get One. You're a big event town, and you're going to hear about some big events. 2017 was a record year for the City of Miami in travel and tourism, but we had a lot of headwinds, a lot of headwinds: Zika, a hurricane; Brazil, our number -one market, down 25 percent. So with that City of Miami Page 33 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 said, even with that, because of the partnerships, Commissioner, we had a record year. "Bill, Gene, how's '18 going? " We're leading the nation right now in the first quarter for travel and tourism; the top 25 destinations. We couldn't do that without the partnership. We have some of our key staff members here, but Gene, we're going to -- Gene? Eugene Rodriguez: Well, you all know, if you travel around, you see the competition that we have. It's not only here in Florida, but it's the rest of the world; and from Las Vegas to California, who is spending tremendous amounts of money to attract tourism, but your Convention & Visitors Bureau leads the effort, along -- in conjunction with Visit Florida. And it's -- we are the -- we've been -- Miami is the largest percent of foreign visitors, so as the foreign, markets go, we've to work (UNINTELLIGIBLE). But it is a pleasure to be able to report, as Bill mentioned, record numbers in the face of these tremendous headwinds, so we'll keep you advised and we'll keep working. And thank you for your support. (Applause) PA.2 PERSONAL APPEARANCE 3908 PERSONAL APPEARANCE BY FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) PROJECT MANAGER CAMILA PEREZ AND CONSULTANT MANAGER GODFREY LAMPTEY ON THE PROGRESS OF THE SR 976/SW 40 STREET/BIRD ROAD PLANNING STUDY. RESULT: PRESENTED Chair Hardemon: We have a list of personal appearances. Our first personal appearance is of the one and only -- you saw him earlier -- the best hair in Miami. He used to be a famous football coach, but now it's Mr. William Talbert, so everyone give him some recognition, please. Mr. Talbert, please. William Talbert: (UNINTELLIGIBLE). Chair Hardemon: Oh, so that's it? Mr. Talbert: I've done my comments. Vice Chair Russell: That was it. Chair Hardemon: Okay. Commissioner Gort: That's it. Great. Chair Hardemon: That works jor me. Commissioner Gort: Good. Chair Hardemon: Thank you very much. And then we also have a personal appearance by FDOT (Florida Department of Transportation). It's a planning study that needs to be presented. Hello, sir. City of Miami Page 34 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Steven Williamson: Chairman, Vice Chairman, Commissioners, I'm Steve Williamson, Director of Capital Improvements. I'm here to field any questions you all might have on the FDOT study for Bird Road. Chair Hardemon: Well, I didn't anticipate it being that long. Vice Chair Russell: (INAUDIBLE) briefed on it, so we -- Mr. Williamson: You have not received the brief. There it goes right there. Vice Chair Russell: Thankyou very much. Chair Hardemon: So -- Vice Chair Russell: I do have some questions. Chair Hardemon: Okay. Vice Chair Russell: So we currently have a City project going on, on Bird Avenue, right where that connects through US 1. Mr. Williamson: Yes. Vice Chair Russell: Will there be a continuance? Like, for example, we're working on bike lanes and walkability and shade. Is that going to continue on throughout or is theirs not related to ours at all? Mr. Williamson: There are -- and, unfortunately, you didn't get an opportunity to read this in advance, but there are actually three options they're looking at. This is a study, which should be concluding very soon. One of the options looks at complete street, and so that's one of the things that they're going to talk about. We'll work with FDOT to make sure we bring them to the table and discuss which one of the three alternatives they're going to discuss -- again, move forward on. Vice Chair Russell: Yeah. I'd certainly like to hope that we encourage cooperation with them. Mr. Williamson: FDOT people behind me, who cann probably field these questions a lot better than L Vice Chair Russell: Hello. Chair Hardemon: Lady and gentleman, can you announce yourselves for the record, please? Will you please announce yourselves for the record? Camila Perez: Good morning. My name is Camila Perez. I'm with the FDOT. This is Godfrey Lamptrey, (UNINTELLIGIBLE) our consultant, GOLD PM (Project Manager). And today we'll be just talking to you a little bit about our planning study, Bird Road, from the Turnpike to US 1. Mr. Williamson: All right. Thank you. Chair Hardemon: And you don't have to go slide by slide. I mean, just give us an overview of'whatyou're doing, please. Godfrey Lamptrey: All right. Thank you, Camila. My name is Godfrey Lamptrey. I'm the consultant project manager for this project. Basically, this project was City of Miami Page 35 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 conceived back in 2016, with the idea of having a planning study that would look at the entire Bird Road Corridor, going all the way from the Turnpike to US 1. Now, the last segment of the Bird Road Corridor that is extending from Ponce de Leon Boulevard to US 1, that is a segment that is actually within the City of Miami. There are a number of ongoing projects that -- as he just mentioned, that's currently ongoing. Those are more short term. The intent of this project is to look at more long-term, as well as the short-term solutions that would help the corridor. So in terms of the objectives, the main objective of this project is basically to take a look at the entire corridor and to be able to provide the necessary multi -modal improvements in order to facilitate connectivity, livability, as well as complete street concepts along the corridor. There are a number -- when we started looking at this corridor almost a year ago -- a little over a year ago, there were a number of issues that came up; and particularly, some of the kev ones that we did -- we kept hearing from the residents, as well as the Project Advisory Team that we put together for this project, was that there's a lot of congestion at most of the major intersections. I'm sure you are all aware of that. There's also asset management, as well as safety issues that you have along the corridor. And then you also have the lack of bicycle connections, as well as pedestrian crossing concerns along Bird Road. So those are some of the key things that we identified as being things that we have to solve as part of this project. We also looked at the traffic conditions. There are a lot of -- the major intersections do not actually perform as they should. Actually, more than half of diem actually performing at level of service "E" or "F, " during both the a.m. (ante meridiem) and the p.m. (post meridiem) peak periods. As I mentioned, from a safeo, standpoint, you have over 4, 000 total crashes along the corridor; most of them are rear ends that actually are a result of congestion. And then you also have angle crashes, which is also one of the key ones that actually results in fatalities if not checked. The other thing that I also just want to mention is there are a number of high crash locations you have along the corridor that we also need to address as part of this project. We also looked at the transit corridor. There's only one transit that goes along the entire corridor; Bus Route 40. And we -- once we had a good understanding of all the different issues that we had in the corridor, we then took all these issues; we defined what is going to be the purpose of this project. And then the next step that we did was to look at what are the different alternatives or improvement that we can do along the corridor. We came up with a number of short-term improvements. Basically; some of the ones we have is what I have listed on the slide in front of you here. We're looking at adaptive traffic signals, enhancing signal visibility, improving pedestrian lighting; also, providing bus shelters, upgrading the ADA (Americans with Disabilities Act) facilities, providing high - visibility crosswalks for improved safety, and then also access management along the corridor. Those are some of the short-term improvement that we identified. Then we also went to look on at the long-term improvements. What are some of'the things that we can do from a long-term standpoint? And one of the things that we've been hearing along -- as we've been going through this project is that a lot of people want to be able to walk along these corridors. They want to be able to, you know, have that complete street feel. So one of the things that came up a lot was providing a wider sidewalk with landscape trees or shade trees to facilitate that along the corridor. There's also the issue of providing the buses, making them a lot more reliable; that is, providing smart bus stations with real-time information so people know when the buses are going to get there. And then also, one of the things that we did here, though -- although there are no bike lanes along the corridor,, people felt it wasn't really something that was needed; the sidewalks was more of the preference when we went through the process with our Project Advisory Team. The other things that we also looked at, is looking at park-and-ride locations along the corridor, also looking at providing -- making some of *the intersections -- increasing the capacity to be able to move the traffic more smoothly along this corridor, and then also looking at the -- also have the Ludlum Trail connection that is going on within this corridor as well. We looked at all these different concepts, and we grouped them into three City of Miami Page 36 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 different main alternatives: The first one was the access management improvements, as well as mobility improvements; and then the second one was the capacity improvement at the various intersections; and then also, we looked at another concept that is more innovative, that is, displaced left hands at various intersections. One of the things -- I'm going to slip this slide and just talk about the segment on -- within the City of Miami that extends from Ponce de Leon Boulevard to the US 1, and that is the last typical section you see on that slide. Now basically, what we're doing as part of that segment is to provide a wider sidewalk; that is, a 10 foot sidewalk on the north side of the corridor. The intent here is to be able to connect that all the way to the impact that goes right underneath the US 1 so that the resident -- the users of that can connect to the impact more safely, and then also provide -- facilitate a better crossing across US I as well. Other things that we also looked at from an access management standpoint was -- the first one I just want to point to you is just -- on the south of the slide there is an intersection --just at the intersection of 37th Avenue, and what were doing is to -- recommending that to be closed because of the traffic impact at that location. There are also two additional locations that we identified that we also want to look at potentially providing directional median openings to provide more safety within that segment of the corridor. The rest of the corridor remains practically unchanged. Vice Chair Russell: I'm sorry. What did you want to close at 37th Avenue? Mr. Lamptrey: There is a full median opening at -- not 37th Avenue. Sorry. It's 39th Avenue,, 39th Avenue, 39th Avenue. Yeah, that's a much smaller -- it's very close to the intersection with Ponce de Leon Boulevard, and it actually impedes the traffic operations in that area, so -- Vice Chair Russell: So that there would be no left turn? Mr. Lamptrey: There will be no left turn from that. We just do a right in, right out from that. Yes. And the other two locations are 38th Court and then also 37th Court. Those are the other two that we also providing directional median openings as well. So those are the basic improvements that we are doing, besides providing the additional -- the wider sidewalk on the north side of the corridor. There are other improvements that are not necessarily, within the City, of Miami, but I just wanted to point out very briefly. As I said, one of the key things is to look at some of the major intersections, and one of them is 67th Avenue, providing additional left- hand lanes. And this is one of the concepts, where we're adding additional left-hand lanes, as well -- additional eastbound left-hand lane, as well as a southbound right- hand lane. And then we also look at a different concept, where what we call the "displaced left hand. " This is more of an innovative solution that -- it actually provides a lot more capacity, for the same intersection and it provides better operations. What it does here is that it actually eliminates one phase of the traffic. So that is one thing that we are also evaluating carefully. We're also looking at a lot of improvements along the Coral Gables section. This is one at Granada. We looked at a roundabout at that location, but it's not going to work, so we also have other improvements. The schedule for this project, I just want to briefly touch on that. We've been working on this since late 2016. We're about a little over a year on this project. We -- our intention now is to look at all these -- evaluate all these alternatives from the cost standpoint, the environmental standpoints, as well as the public standpoints, to be able to make a final decision on what is going to be the recommended alternative. Our intention is to have our last Project Advisory Team meeting within next month to be able to come to that conclusion, and then have meetings with the Miami -Dade TPO (Transportation Planning Organization) after that, and then conclude a study with the recommendations basically being a list of short-term improvements, as well as a list of long-term improvements that we have for the corridor. Any questions? City of Miami Page 37 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 END OF PERSONAL APPEARANCES City of Miami Page 38 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort CA.1 RESOLUTION 3938 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of Grants AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT Administration AWARD IN A TOTAL AMOUNT NOT TO EXCEED TWENTY FIVE THOUSAND DOLLARS ($25,000.00), FROM THE HEALTHIEST CITIES & COUNTIES CHALLENGE ("HCCC) INTERIM AWARD FOR EXCELLENCE IN THE PRACTICE OF COMMUNITY ENGAGEMENT FOR THE LIVE HEALTHY LITTLE HAVANA ("PROJECT') FOR THE PROGRAM YEAR COMMENCING AUGUST 1, 2016, AND ENDING AUGUST 31, 2018; ESTABLISHING AND APPROPRIATING THE GRANT FROM A NEW SPECIAL REVENUE PROJECT FUND ENTITLED "LIVE HEALTHY LITTLE HAVANA PROJECT" IN ORDER TO FUND THE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT AWARD. ENACTMENT NUMBER: R-18-0179 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 1, please see "End of Consent Agenda." City of Miarni Page 39 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 CA.2 RESOLUTION 3945 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), ACCEPTING AND APPROVING THE FINDINGS Estate and Asset OF THE CITY MANAGER, PURSUANT TO REQUEST FOR Management QUALIFICATIONS ("RFQ") NO. 762383, TO ADD TWO (2) VENDORS TO THE PRE -QUALIFIED POOL, FOR THE PROVISION OF GENERAL APPRAISAL SERVICES FOR THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT ("DREAM"); AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH EACH VENDOR FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH AN OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS OR THE EXPIRATION OF THE ORIGINAL RFQ 498330, WHICHEVER COMES FIRST; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0180 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 40 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 CA.3 RESOLUTION 3966 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE DIRECTOR OF FINANCE TO PAY Attorney EMMANUEL REYES, WITHOUT ADMISSION OF LIABILITY, THE and Mayor AGGREGATE TOTAL SUM OF SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST ZULEMA DOMINGUEZ, NESTOR AMORES, THE CITY OF MIAMI, AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED EMMANUEL REYES VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 17 -22152 -CIV -UNGARO, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE CITY OF MIAMI, ZULEMA DOMINGUEZ, AND NESTOR AMORES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. ENACTMENT NUMBER: R-18-0181 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 4108 A RESOLUTION OF THE MIAMI CITY COMMISSION CO - Commissioners SPONSORING THE ONE HUNDRED AND SIXTEENTH (116TH) ANNIVERSARY OF CUBAN INDEPENDENCE WITH FENIX and Mayor BROADCASTING CORPORATION, WWFE-AM RADIO ("LA PODEROSA"), FOR THE 20TH OF MAY MARCH, SCHEDULED FOR MAY 20, 2018, FROM 11:00 A.M. TO 2:30 P.M., IN LITTLE HAVANA, MIAMI, FLORIDA; DIRECTING THE CITY MANAGER TO ASSIST WITH TECHNICAL AND GENERAL SERVICES ASSISTANCE FOR THE EVENT, INCLUDING BUT NOT LIMITED TO, WAIVER OF FEES UNDER SECTIONS 19-9 AND 54-6.3(C)(18) OF THE CODE OF THE CITY OF MIAMI. ENACTMENT NUMBER: R-18-0182 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.4, please see "Public Comment For Regular Item(s)" and "End of Consent Agenda." END OF CONSENT AGENDA Chair Hardemon: And this is what I'd like to ask o_f my Commissioners. This is the first that we've ever done anything like this. Commissioner Carollo: We got to vote. Chair Hardemon: Right. This is the first time we've been -- but I wanted to make sure that people didn't walk away from this morning's meeting without having an City of Miami Page 41 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 opportunity to be heard. That's why I wanted to ensure that we had an opportunity to do that. And so, in out - fashion, how we typically do things, _first of all, on a public hearing agenda, there was only -- there was one amendment that needed to be made to PH 12, right? It was a revised agreement that was supposed to be added to PH 12. Was there any other amendment that needed to be added to any of these items? Victoria Mendez (City Attorney): Just the public hearing portion. Chair Hardemon: I'm asking you -- fr•om Public Hearing up to CA (Consent Agenda), CA to Public Hearing. Ms. Mendez: Oh, okay. So I believe that there's a substitution for RE.22. Chair Hardemon: No, not the RE (Resolution) agenda; CA and the Public Hearing, CA and PH. Besides the revised agreement that was included in our agenda, is there any other amendment that needed to be added to the CA or the PH (Public Hearing agenda? Ms. Mendez: Not on my end. Chair Hardemon: Okay. So the Chair would like to entertain a motion to approve the CA and the PH agenda, with the revised agreement to PH. 12. Commissioner Reyes: Move it. Chair Hardemon: It's been properly moved; seconded by the Chair. Is there any further discussion? Commissioner Carollo: Give my one second. The PH also, right? Chair Hardemon: CA and -- Commissioner Carollo: And PH Okay. Chair Hardemon: What's left of it, actually, because some of them were deferred and some was (UNINTELLIGIBLE). Commissioner Carollo: All right. Just give me one minute to make sure that -- Well, the PH -- there was a request for PH 4 -- Chair Hardemon: That was deferred. Commissioner Carollo: -- and PH 6, to be brought to -- at 5/24. Chair Hardemon: Both of them were deferred, so I -- this doesn't consider that. Commissioner Carollo: Okay. Ms. Mendez: And Chairman, had you pulled out something that had been previously deferred? Chair Hardemon: On the record. Ms. Mendez: Oh. Chair Hardemon: Right. City of Miami Page 42 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Let's do this: Can we pull out for this afternoon PH. 5? That has to do with my funds. Chair Hardemon: Would the mover --? Would you agree to it? Commissioner Reyes: Yeah. Commissioner Carollo: Yeah. Chair Hardemon: Okay, the seconder would also agree. Commissioner Carollo: PH. 7, we had done. Chair Hardemon: Yes. Commissioner Carollo: And -- hold on. Chair Hardemon: You know what I realize? You don't have a -- you guys don't have an agenda plasma. Oh, you send them -- the Clerk's Office sends them, right? Commissioner Carollo: Yeah. Chair Hardemon: You probably do have it. Commissioner Carollo: I had it here. I don't know what happened to it. Okay. All right. With, that exception, I'm -- thank you --fine. Chair Hardemon: All right. Any further discussion on the items? Hearing none, all infavor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. That's -- PH. 5, we don't do. Okay. Now, at this time, I want some -- I'll ask for some direction from our board members. So obviously, we -- Yeah, I know, lunch. Okay, we had two items: RE. 8, RE.9 -- well, three -- RE.8, RE.9, RE.22. They had time certains at 11 o'clock. We have a Commissioner who's -- who has been patiently waiting with us regarding Formula I Miami Grand Prix. Then we also have the Charter amendment for the Hyatt Equities. Now, Hyatt, of course, is one of our properties that we have within the City of Miami, and Grand Prix is someone who's coming to our community to do something. So the question that I have is, first, who should we do first? Now, that's probably a discussion, because -- The reason I had it set as 11 and 11:01, it denotes who goes first, but I anticipate that it may be some -- a lot of discussion regarding those two things. Now, we can do this. We can -- if -- are the -- who is here representing Hyatt? Raise your hand if you're here representing the Hyatt. Commissioner Carollo: Well -- Chair Hardemon: Okay. Oh, those are very familiar faces, so -- Commissioner Carollo: Yeah. Brian May: (UNINTELLIGIBLE). Chair Hardemon: Is that --? You're okay, with that. Okay, that's fine. So that takes away one of my issues. City of Miami Page 43 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Thank you, Brian. City of Miami Page 44 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 PH - PUBLIC HEARINGS PHA RESOLUTION 3956 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE TRANSFER OF Community and COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC Economic DEVELOPMENT FUNDS IN THE AMOUNT OF $384,156.00 FROM Economic FUNDS PROVIDED TO THE OFFICE OF CAPITAL Development IMPROVEMENTS PROGRAM FOR ACQUISITION AND/OR REHABILITATION OF A COMMUNITY CENTER IN 2016-2017 PROGRAM YEAR AND FUTURE PROGRAM YEARS, AS NECESSARY, TO THE AGENCY AND DEPARTMENT SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ANY AND ALL DOCUMENTS, INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY FOR THE COMPLETION OF SAID ECONOMIC DEVELOPMENT ACTIVITIES, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-18-0183 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. For minutes referencing Iten2 PH.], please see "End of Consent Agenda. " PH.2 RESOLUTION 3959 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF Community and COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS Economic FROM THE AGENCIES AND/OR DEPARTMENTS SPECIFIED IN Development ATTACHMENT "A," ATTACHED AND INCORPORATED, IN THE TOTAL AMOUNT OF $98,977.57; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR CDBG ECONOMIC DEVELOPMENT ELIGIBLE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). ENACTMENT NUMBER: R-18-0184 City of Miarni Page 45 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 MOTION TO: MOTION TO: Adopt RESULT: RESULT: ADOPTED MOVER: MOVER: Manolo Reyes, Commissioner SECONDER: SECONDER: Keon Hardemon, Chair AYES: AYES: Hardemon, Russell, Carollo, Reyes ABSENT: ABSENT: Gort Note for the Record. For minutes referencing Item PH.2, please see "End of Consent Agenda. " PH.3 RESOLUTION 3958 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF Community and COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, Economic IN THE AMOUNT OF $1,530,000.00 FROM 2017-2018 Development UNALLOCATED CDBG FUNDS, DEOBLIGATED FUNDS FROM PRIOR YEARS ACTIVITIES, AND UNALLOCATED PROGRAM INCOME TO THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT FOR THE PURCHASE OF THE CARVER THEATER, LOCATED AT 6016 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA ("THEATER"), FOR COMMUNITY ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY'), AS PURCHASER, AND GATOR CARVER THEATER LLC ("GATOR"), AS SELLER, FOR THE ACQUISITION OF SAID THEATER, ALLOCATING THE ABOVE DESCRIBED FUNDS TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF A SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, SECURING THE PROPERTY AND RELATED BUYER CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-18-0177 MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes City of Miarni Page 46 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 PH.3 RESOLUTION 3958 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF Community and COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, Economic IN THE AMOUNT OF $1,530,000.00 FROM 2017-2018 Development UNALLOCATED CDBG FUNDS, DEOBLIGATED FUNDS FROM PRIOR YEARS ACTIVITIES, AND UNALLOCATED PROGRAM INCOME TO THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT FOR THE PURCHASE OF THE CARVER THEATER, LOCATED AT 6016 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA ("THEATER"), FOR COMMUNITY ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT'), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), AS PURCHASER, AND GATOR CARVER THEATER LLC ("GATOR"), AS SELLER, FOR THE ACQUISITION OF SAID THEATER, ALLOCATING THE ABOVE DESCRIBED FUNDS TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF A SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, SECURING THE PROPERTY AND RELATED BUYER CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-18-0177 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes City of Miarni Page 47 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 PH.3 RESOLUTION 3958 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF Community and COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, Economic IN THE AMOUNT OF $1,530,000.00 FROM 2017-2018 Development UNALLOCATED CDBG FUNDS, DEOBLIGATED FUNDS FROM PRIOR YEARS ACTIVITIES, AND UNALLOCATED PROGRAM INCOME TO THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT FOR THE PURCHASE OF THE CARVER THEATER, LOCATED AT 6016 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA ("THEATER"), FOR COMMUNITY ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT'), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), AS PURCHASER, AND GATOR CARVER THEATER LLC ("GATOR"), AS SELLER, FOR THE ACQUISITION OF SAID THEATER, ALLOCATING THE ABOVE DESCRIBED FUNDS TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF A SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, SECURING THE PROPERTY AND RELATED BUYER CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-18-0177 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. For minutes refereneing Item PH.3, please see "Public Comment For Regular Item(s)," "Order of the Day," and "End of Consent Agenda. " City of Miarni Page 48 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 PH.4 RESOLUTION 3960 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Community and CONVEY, WITH PARCEL REVERTER PROVISIONS, THE CITY OF Economic MIAMI ("CITY") OWNED PARCELS OF LAND LOCATED IN THE Development CITY OF NORTH MIAMI, KNOWN AS THE LIFE QUEST FACILITY "U," Note for the Record. Item PK4 was deferred to the May 24, 2018, Planning and PROPERTIES, TO EMPOWER INC., A FLORIDA NOT FOR Meeting. PROFIT CORPORATION ("EMPOWER U"), FOR THE REHABILITATION AND UTILIZATION OF RESIDENTIAL HOUSING UNITS IN ORDER TO PROVIDE SUPPORTIVE HOUSING PROGRAMS AS PART OF THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM; ALLOCATING FUNDS IN THE AMOUNT OF $700,000.00 FROM PRIOR YEARS' HOPWA PROGRAM FUNDS TO ASSIST WITH THE REHABILITATION OF THE LIFE QUEST FACILITY PROPERTIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ANY AND ALL DOCUMENTS, INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE(S), SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes Note for the Record. Item PK4 was deferred to the May 24, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item PK4, please see "Order of the Day" and "End of Consent Agenda. " City of Miarni Page 49 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 PH.5 RESOLUTION 3963 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE TRANSFER OF Community and COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF SEVEN HUNDRED THIRTY THREE THOUSAND ONE Economic HUNDRED EIGHTEEN DOLLARS ($733,118.00) FROM THE Development CAPITAL IMPROVEMENT PROGRAM ("CIP") DOMINO PARK PROJECT TO THE PARKS AND RECREATION DEPARTMENT FOR PARK IMPROVEMENTS AT JOSE MARTI AND RIVERSIDE PARKS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record: Item PK5 was deferred to the May 24, 2018, Planning and Zoning Commission Meeting. For additional minutes referencing Item PK5, please see "End of Consent Agenda. " Chair Hardemon: Commissioner, whenever you're ready on the PH. 5. Commissioner Carollo: I need the Parks Director and -- Chair Hardemon: He is here. Commissioner Carollo: Okay. Through -- Kevin Kirwin (Director, Parks and Recreation): Good afternoon, sir. Kevin Kirwin. Commissioner Carollo: Good afternoon, sir. Through staff, we've been trying to get a hold of you for -- I don't know if it's 10 days or two weeks -- to try to get some answers on both of those items, and part of the reason that I've been trying to get some answers on that is that, as you know, the reason we transferred those monies for these two specific projects was that at the last moment, we were told that if we didn't spend it by July 1, we would lose it. So I don't know where you stand at right now with those dollars. Plus, we found that there was all kinds of monies for other areas of Jose Marti Park, and I want to make sure that other monies weren't shifted so that I would put that money in there. Mr. Kirwin: So thank you, Commissioner. And I did respond to your of on your request. Chair Hardemon: Kevin Kirwin, on behalf of'Parks & Recreation. City of Miami Page 50 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mr. Kirwin: Kevin Kirin, your City of Miami Park Director. Thank you very much. So we did respond to your office on the amount for Jose Marti. Commissioner Carollo: What was that, Kevin? Mr. Kirin: Sir, I believe it was $620,000. Commissioner Carollo: No, no. When did you respond to the office? Mr. Kirwin: I can go back and get the email and print it up for you, and bring it to You. And when we did our ride through, I remember showing you the plan and everything. Commissioner Carollo: But what I didn't know at the time was that there were so many dollars assigned to all kinds of projects in the park; a lot of money there, so -- Mr. Kirwin: Sir, there was money assigned in the park. And then 1 know there was money assigned to another project, Domino Park; that was CDBG money. Commissioner Carollo: Yeah. That was not for Jose Marti Park. That was for another park -- Mr. Kirwin: Right. Commissioner Carollo: -- within the district. Mr. Kirwin: And there was a need -- the City was going to lose that funding and -- Commissioner Carollo: Right. I stated that on the record. Mr. Kirin: -- it came to us -- Commissioner Carollo: Yeah. Mr. Kirwin: -- and we can get it done by the -- July 31, with -- Commissioner Carollo: July 31 or July I? Mr. Kirin: July 31. Commissioner Carollo: 31? Mr. Kirin: Yes, sir. Commissioner Carollo: Okay. All right. Well, let its do this, okay? Because I really -- on the Jose Marti Park, there's a lot of pots with big numbers that we were given, and I'd like to go over that with you. I'm not shifting the money anywhere. Let me defer this for the next meeting that we have. We could be moving ahead, the same way we are now, but let us sit. So I want to go over all those monies that we have in all those pots,, and make sure that I know exactly, what we're spending, what we're doing. The one thing that I will say for the record, Mr. Manager, it's not going for additional fire trucks. That can come fi^om the regular areas that they usually come from, because, you know, every other day, we're being told, "Use it for afire truck, use it for afire truck, " and, you know, I want them to know it's not going to be used_for afire truck. Chair Hardemon: I agree. City of Miami Page 51 Printed on 061271201$ City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: And so -- Mr. Kirwin: Noted. Commissioner Carollo: -- we,// meet, you know, at your convenience; get a hold of my office, beginning Monday of next week, we'll meet and go over that. Mr. Kirwin: Thank you, sir. Just for the record, I'm always available. You have my number. Your staff knows how to get a hold of me, and I'm always here, so. Commissioner Carollo: Well, I'll get to the bottom of that and see what happened. Mr. Kirwin: Thankyou. Commissioner Carollo: But you've been a gentleman with me, so I can't say more on that then. Mr. Kirwin: Thank you, sir. Commissioner Carollo: Thank you. Commissioner Gort: Next. Commissioner Carollo: There's a motion to defer this item -- Commissioner Gort: Second. Commissioner Carollo: -- to the next meeting that comes up. Todd B. Hannon (City Clerk): Yes, sir; May 24. Chair Hardemon: It's been properly moved and seconded. Any further discussion? Hearing none, all in favor of the motion to defer, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion shall carry. City of Miami Page 52 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 PH.6 RESOLUTION 3943 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 UNDERGROUND EASEMENT ON CITY - Management OWNED PROPERTY LOCATED ON WATSON ISLAND, MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MIAMI- DADE COUNTY WATER AND SEWER DEPARTMENT OF AN APPROXIMATELY FIFTEEN (15) FOOT WIDE BY TWO HUNDRED FIFTY (250) FOOT LONG UTILITY EASEMENT ("EASEMENT"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE EASEMENT, ATTACHED AND INCORPORATED, FOR A PERPETUAL NON-EXCLUSIVE UNDERGROUND EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM; CONTAINING A REVERTER PROVISION PROVIDING THAT IF THE EASEMENT SHALL BE ABANDONED OR DISCONTINUED, THE EASEMENT SHALL CEASE AND REVERT BACK TO THE CITY. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes Note for the Record. Item PK6 was deferred to the May 24, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item PK6, please see "Order of the Day" and "End of Consent Agenda. " City of Miarni Page 53 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 PH.7 RESOLUTION 3631 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), PURSUANT TO SECTION 29-D OF THE Estate and Asset CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Management AUTHORIZING THE CITY MANAGER BY A FOUR-FIFTHS (4/5THS) NAYS: AFFIRMATIVE VOTE TO WAIVE COMPETITIVE BIDDING AND TO Note for the Record: For Directive referencing PH.7, please see Item NA.2 and EXECUTE A LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNITED STATES SAILING CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE USE OF A PORTION OF CITY -OWNED WATERFRONT PROPERTY LOCATED AT 2476 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA FOR A TERM OF FIFTEEN (15) YEARS, WITH TWO (2) ADDITIONAL FIVE (5) YEAR OPTIONS TO RENEW, FOR THE GREATER OF TWO THOUSAND TWO HUNDRED FIFTY DOLLARS ($2,250.00) OR TWELVE PERCENT (12%) OF GROSS REVENUES PER MONTH, INCREASED ANNUALLY BY THREE PERCENT (3%); RESERVING ALL AIR RIGHTS FOR FUTURE CITY BUILDINGS, ALL RIGHTS TO SUBMERGED LANDS FOR FUTURE CITY BOAT SLIPS AND MARINAS, AND ALL RIGHTS OF ACCESS TO THE PROPERTY, WITH ADDITIONAL TERMS AND CONDITIONS CONTAINED IN THE LEASE. ENACTMENT NUMBER: R-18-0178 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Reyes NAYS: Carollo Note for the Record: For Directive referencing PH.7, please see Item NA.2 and Item NA. 3. For additional minutes referencing Item PH. 7, please see "End of Consent Agenda. " Chair Hardemon: What I'd like to do first is -- let's bring our attention to -- Vice Chair Russell: PH. 7? Chair Hardemon: -- PH 7. The Chair is willing to entertain whatever motion or discussion from the dais. Vice Chair Russell: I will move PH 7, the United States Sailing Center Lease. Chair Hardemon: Okay, it's been properly moved. Is there a second for PH 7? Commissioner Gort: Second. Chair Hardemon: It's been properly moved and seconded. Now I'd like to open up discussion on the dais for PH 7. City of Miarni Page 54 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Vice Chair Russell: Thank you, Mr. Chairman. I'm the sponsor of this item. I'm a big believer in this property and the use that's currently there. I believe we are getting the highest and best use out of it, and I've studied this with our Real Estate/Asset Management Department, that we're getting a fair lease. What this does for the community, from a financial perspective, a social perspective, a sporting perspective is very positive. My only ask was to improve the public access to the property, the visual public access from the front, and the maintenance of a public corridor to the waterway for people that want to launch Kayaks, and I believe we have an agreement on that. So I'm happy to move the item and welcome a four fifths support. Chair Hardemon: PH. 7. Mayor Francis Suarez: Chair? Chair Hardemon: You're recognized, Mr. Mayor. Mayor Suarez: Thank you, Mr. Chair. I just want to echo my support for the sponsor, for Vice Chairman Russell, on this item, PH 7. As I said at my opening remarks at the Commission and at the last hearing, I grew up sailing in this bay. Not every one of our assets is going to be an asset that we can maximize our return on investment. A lot of our assets are meant to be public spaces or enjoyed by the public or some variation of the public. This is obviously a sailing center that gives a tremendous amount of opportunity for kids to enjoy our bay, which is one of our most precious assets. And I think the overwhelming response of people and emails that we receive is just another indication of how deeply rooted the sailing center is in the fabric of the soul of our City, so I wholeheartedly support the motion. Chair Hardemon: Is there any --? (Applause) Chair Hardemon: If I bang the gavel, it's a matter of getting decorum. Decorum is some sort of control over the -- what's happening inside of this space. There's no clapping. There's no verbal outbursts. There's nothing that's allowed within these chambers. And so, if I have to stop, it kind of slows us down. The last time we slowed down on this issue, it didn't turn out in your favor. And so, I would suggest that everyone just remain calm. And if you see something or hear something that you support, give some sort of' high five, raise your spirit_fingers, or whatever it may be, but please try not to interrupt. Is there any further discussion from the dais? Commissioner Carollo: Yes, there is, but she could address this. Vicky Leiva: For the record, Vicky Garci -- Leiva, on behalf of the US Sailing Club. We were here, as you just mentioned, last couple of -- last month, actually. We know that most of our members spoke. Everyone who's here is ready to speak again. I know that you have a very lengthy agenda, and I would ask you to at least allow three of our members to speak and address you; and ifpossible, I would like to start with Mr. Diaz. City of Miami Page 55 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: It's not the time at this moment. I just want to hear some discussion from the dais and then we'll move forward. Commissioner Carollo: Chairman, I would be fine if they would address us now; I have no problem in doing that, and then I'll make my comments that I have to make at the end before we vote on it. Chair Hardemon: Is there any other person that'd like to discuss this? Commissioner Reyes: Yes. And last time that this issue came before the Commission, I made the statement that I would like to see more outreach to the underprivileged, particularly the children of our community, that provide them a chance to learn how to sail also. I would like jor them to establish a program jor underprivileged children, and that -- I think that will sound vett' good with me, and I'll be all in favor of this if you'll add that to it. Ms. Leiva: We are -- Commissioner Reyes: Okay? Ms. Leiva: -- prepared to speak to that. Commissioner Reyes: If you commit yourself to it. Chair Hardemon: Okay. Commissioner Reyes: Okay. Chair Hardemon: I'll allow those three individuals that you would like to speak to speak, so I want to be very clear. I'm going to open up the public comment for this item and this item only, and that's Item PH. 7. That means that the members who are representing the Sailing Center, these three individuals will be allowed to speak on behalf of the group. If there's anyone else that wants to speak on the item, they are allowed, but I warn you, I warn you that the more time that we take on this issue doesn't necessarily improve your chances of this item passing. So, as I tried to do, I tried to get you an opportunity to see what the comments were like on dais before you decided to throw your two cents in. We've seen defeat taken fi^om the jaws of victory in the past, and I don't want to see that happen, if that is to be the course of this item. So we'd like to hear from those members that you have identified, please. Ms. Leiva: Just to acknowledge everyone who's here in support, would you allow them to raise their hand in support of the US Sailing Center, if that's what you're here for, to communicate it to the Commissioners. Thank you. Commissioner Carollo: Can I -- before -- Vicky, Vicky, Vicky, before you go. Ms. Leiva: Yes. Commissioner Carollo: Chair, can I just ask her one brief question? City of Miami Page 56 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: Sure. Commissioner Carollo: Are you here as a paid lobbyist for the Sailing Club? Ms. Leiva: I am the attorney for the US Sailing Center, yes, sir. I am paid for the representation -- Commissioner Carollo: Okay. Ms. Leiva: -- and I'm available to make a presentation, if you so wish, or to answer questions that you may have. Commissioner Carollo: Okay. Just wanted to get that on the record. Thank you. Ms. Leiva: Thank you. Mr. Diaz used his sailing to find liberty in our shores when he sailed from Cuba to find freedom, and he continues to use those talents that he has every day at the Sailing Center. Mr. Diaz. Gonzalo Diaz: My name is Gonzalo Diaz, but Tm also known -- better known as the "Old Man, " right? Okay. I want -- I own a building at 923 Northwest 27th Avenue. The -- I'm here to ask you to please approve the lease for the United States Sailing Center. This is the place. It's practically the best way to go through the bay, and it's visited by a number of people, a tremendous amount of people. My children, my sons and I have sailed out of the Sailing Center since 1983, and I hope that this is taken care in benefit of the Sailing Center, okay? Thankyou very much. Chair Hardemon: Thank you very much, sir. Mr. Diaz: Okay, guys. Jack Gierhart: Good morning, Commissioners, Mayor -- Mr. Mayor. My name is Jack Gierhart. I am the CEO (Chief Executive Officer) of US Sailing, which is the national governing body for the sport of sailing. You hear about the fill range of activities that we're involved with from the competitive side and the big events that happen here to the grassroots and getting youth and underprivileged kids into sailing. Community sailing programs, like the Sailing Center here, are the crux and sort of the critical component of that. There is this impression and I think image of sailing is a - - more elite, hard to access, but it's actually not, and it's places like the Sailing Center here in Miami that provide that access to kids. Sailing, like a lot of youth sports, teaches self-confidence, team work, collaboration; really important life skills. And sailing, in particular -- and we have proven this around the country -- provides an opportunity for young kids to learn about education, STEM (Science, Technology, Engineering, and Mathematics) programs. Commissioner Reyes was talking about serving underprivileged kids. We -- through our community sailing programs around the country, over 400, 000 kids go through education programs around the country; and Miami, the access to Biscayne Bay, is an excellent opportunity for that. We City of Miarni Page 57 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 work with cities in areas around the country to help provide programs and create the communities and access to sailing that Miamioffers. Cities like San Francisco, Oklahoma City, they spend decades and tens of millions of dollars trying to create the assets in the programs and the access that you have right here in your hands, and I really encourage you not to give that up. It's a gem to get out into Biscayne Bay, as the Mayor said. It's an incredible asset for everybody to enjoy; and I encourage you to maintain that, because once you lose it, it goes away and you can't get it back. Thank you. Chair Hardemon: Yes, sir. Mark Kamilar: Good morning. Mark Kamilar, 2601 Nocatee Drive, Miami, Florida. I'm a 26 year board member; twice president of this organization. I want to speak to the issue of underprivileged sailing and what we've done in connection with our lease and with the City of Miami to address those issues. When I ran it for two years, the City of Miami came to us. They were running a summer program, and they were no longer able to do it, and they asked us to run it. We were not under an obligation to run it. They asked; we ran it. And we ran that in connection with a number of different organizations, inner-city organizations that brought us the children on buses. We were happy to service them. As far as we're concerned, we have two major things we're trying to do here: Number one is teach people to sail locally, as well as in the Olympics. And as far as we're concerned, half of that is Olympic sailing and upper-level sailing of that nature; the other half is local programs. And we ran the City of Miami's programs. Right now we have already reached out to Chairman Hardemon's office through his Chief of Staff, and we have asked them -- we're starting to put our summer programs together. We understand that there's a number of organizations that we have the ability to partner with, and it will be our Honor to partner with them this summer to integrate them into our work that we do, as well as with wounded warriors. That's what our sailing center is for. We understand Commissioners must look down at these numbers and understand these numbers and help to run this City, and that's a difficult thing to do, and we praise you for doing that, but sometimes you have to look up. And when you look up, you see the Olympic rings flying at the Sailing Center; and that's what the children of our City see, that's what the wounded warriors see. We've done that for 26 years. We're a volunteer organization on a chunk of property that was only servicing land crabs before we got there. It's part of a park. It can't be used for anything else. Our goal is to continue our mission that we've done for 26 years and continue this in the name of the City of Miami. Ms. Leiva: Through the Chair, thank you very much for allowing us to speak on this; just two house-cleaning items. I'd like to enter into our record the let -- the official letter from the US Olympic Committee in support of the US Sailing Center in Miami. I also would like to enter a petition that has been signed by 4,532 individuals in total; 1,200 of those signatures came from the City of Miami; 751 of them came from across 32 countries in the world, and all 50 states of the Union in support of this lease. Thank you. Chair Hardemon: Thank you very much. Is there any further discussion from the dais? City of Miami Page 58 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Yes, there is, Chair. Chair Hardemon: You're recognized. Commissioner Carollo: Let me begin by saying that -- If I could quote the Chairman of the organization, what he said here a few minute minutes ago, he said, "Once you lose it, it goes away and you never get it back. " Boy, I'm really hearing those words loud and clear today, because, you see, if there hadn't been a Mayor 20 years ago named Joe Carollo, none of you would be here today to discuss this, because it was I that brought this to the City Commission, and I brought it because I believed in our country, I believed in the Olympics, and I wanted to help our Olympic sailing team as much as we could. Having said that, the City of Miami has done a tremendous amount of giving for 20 years, more than anyone that I know of in the State of Florida; not just with you, but with other organizations. I dare to say that Coral Gables, where a lot of people here live at, unincorporated parts of Miami - Dade County, Aventura, and others that do have land and maybe have even more land available than the City of Miami, they haven't come forward to make the same offer that the City gave 20 years ago,,for 20 whole years. We have not just you here, but we have the Rowing Club in Virginia Key, and they tell its the same thing you tell its. We have the Sailing Club over here. We have I don't know how many other outboard clubs, and what have you, on Watson island, and I could go on and on and on. The bottom line is that no one else but the City of Miami is stepping forward on this or any of the other areas that I've described here. The -- I need some questions answered on the revenue that you all are making on the property, and we're talking about close to two acres of land. Two acres of land is extremely, extremely valuable. If I could get someone that could answer on the financial side, Vicky. I don't think you can, but whoever is here. Jeff Rubin: Yes. My name is Jeff Rubin. I'm a past president of the US Sailing Center. Commissioner Carollo: Very good. Mr. Rubin: As far as revenue, in order to keep in line with our mission statement of Olympic sailing and providing a facility for the community, our only revenue is for boat storage, and anybody can come and store their boats there, and all they do is just pay that monthly fee. They don't pay a membership fee, and that's it. The other -- only other revenue is a Coke machine. So we're in line with our mission statement as a not.for profit. That's what we are -- that's the revenue that we're able to -- Commissioner Carollo: I'm not questioning that, Jeff, and I -- Mr. Rubin: Yes, sir. Commissioner Carollo: -- thank you for giving me the opportunity when I went over and we walked through the whole place together with some of your other people. City of Miami Page 59 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Mr. Rubin: Yes, sir. Commissioner Carollo: My question is, you had two different types of rents that you had there. I believe you told me you had about 15 boats; that all these are dry dock, as I understand it, that were paying somewhere in the neighborhood of 250 or more per month? Ed Cabassa: Commissioner Carollo, let me introduce myself: I'm the current president. Commissioner Carollo: Yes, sir. Mr. Cabassa: The actual rating, which is actually posted on our web site, depends on the size of the boat. Opties may be paying $25 a month; Lasers may be paying $75 month. It depends on the size of the boat. Commissioner Carollo: Okay. How many boats do you have that are paying you 250 or more? I was told it was about 15. Mr. Cabassa: Well, those only come in -- those come in during the season, when we have the Star Regattas, we have the Etchells Regattas. What happens there is that we have -- we can hold approximately a hundred boats. Commissioner Carollo: Are we in season now? Mr. Cabassa: No. Commissioner Carollo: But I counted some 15 boats there; you had that size. Mr. Cabassa: There may be. I mean, we can, carry up to a hundred boats. The boats there may be J124s. J124s, I think, are 260. Pat, are you here? Can you come up here? Chair Hardemon: You can take this lectern. -- Ms. Mendez: You could use -- Chair Hardemon: -- if you'd like, please. Yes. Mr. Cabassa: If you can answer Commissioner Carollos [sic] on the 15 boats which are there? Patrick Downey: Sure. Basically -- Commissioner Carollo: On the large ones. Mr. Downey: Yeah. The large ones are small keelboats, which are actually people -- the boats that are here now are basically people that have annual leases with us, so they're local sailors; mostly people from the area that keep their boats there and utilize the center. City of Miami Page 60 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Okay. That's what I was getting at. Mr. Downey: Yeah. Commissioner Carollo: These 15 boats that are here now, they're annual boats that pay annual fees. Mr. Downey: Yes, sir. Commissioner Carotlo: And what are the fees on these boats, the large ones right now? I think you had said to me before 250 or higher? Mr. Downey: Yeah. That's an approximate number, about $250 a month. Commissioner Carollo: Okay. And for the other boats that you said you usually carry about 70 or more, what do they pay on the average? Mr. Downey: It varies, and we try and be fair. We base it on the length and basically the footprint of the boat. So we have everything from -- you know, paddleboards pay maybe $25 a month,- up to a Laser, which is 50 or $60 a month, and up from there. A double -handed boat., two person boat is maybe $75 a month. Commissioner Carollo: I think you told me you had an average of about $60 or something for 70, 80 boats that you had there, so. Mr. Downey: Yes, sir. Commissioner Carollo: Yeah. What is the amount that you're getting in income per month for rental fees -- excuse me -- per year, for rental fees? You know, based on your last year. Mr. Downey: Sure. Well, so our -- with our annual leases, people that use the center year round, you know, that's about $9, 000 a month. Commissioner Carollo: Well, I'm saying not just the ones that pay annual fees, but anybody that comes and goes for a short period. What is the total intake of dollars that you're taking in per year? Mr. Downey: Our boat storage fees were probably about $180, 000 last year. Commissioner Carollo: 180, 000 last year? Mr. Downey: Yes, sir. Mr. Cabassa: If you're looking just for the annual revenue on the boat storage, it's probably somewhere around 135, 000, 140, 000. Commissioner Carollo: Well, you gave me 180; he's given me a 130, 140, so which is it? City of Miami Page 61 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mr. Cabassa: There is different categories in there. I mean, our total budget, which -- Commissioner Carollo: I'm not talking about the categories. I'm talking about the total fees you've taking in, in the last year for boats on storage space. You said 180. Is that more or less correct, Pat? Mr. Downey: It's in that range, yes. Commissioner Carollo: Okay. All right. Mr. Manager, can your staff tells [sic] you in the last 20 years we've had any audit on what we're being paid there on the lease? Daniel Rotenberg (Director): Good morning, Commissioners. Daniel Rotenberg, Department of Real Estate & Asset Management. I have the fees right here. I -- in about 2015, 2016 -- Commissioner Carollo: No, I'm not talking about -- I'm talking about have we done any audits in the last 20 years that they've had their lease? Mr. Rotenberg: I'm not the internal auditor or the Independent Auditor; I can't answer that. I just know what we have in front of its. Commissioner Carollo: Well, we should know. I mean, in your position, you should know every lease that we have in the City if -- when is the last time they had an audit. It's just not taking money. Mr. Rotenberg: I understand that. Commissioner Carollo: I'm not as concerned with them, because it's not a huge sum of money that they're providing. I'm doing this also for every other lease that we have, to see what we're doing. You know, how do we run business in the City of Miami? Mr. Rotenberg: We know what the numbers are. Commissioner Carollo: Excuse me? Mr. Rotenberg: The Independent Auditor is asked by our department to do audits. They have a certain amount they can doper year. I don't know when the last time this actual site was audited. I know the numbers and the figures that we get from them. Commissioner Carollo: Well, the numbers and figures that you get from them, you could put on the record in a minute, but that wasn't my question. My question was, have we ever audited them in the last 20 years? And you can't give me an answer on that at all. Mr. Rotenberg: I can't. Commissioner Carollo: Can anybody in our staff give me an answer on that? City of Miarni Page 62 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mr. Rotenberg: I don't have anyone. We would have to ask the Independent Auditor. The financials are given to us every year, and they're done by a CPA (Certified Public Accountant). They're audited every year internally and given to us. Commissioner Carollo: Well -- Mr. Rotenberg: I would have to ask the Independent Auditor when the last time he gave an audit to this company. Commissioner Carollo: I just want to say this -- and this is not necessarily to them -- but that's a heck of a way of running business in the City; that we are not doing audits, and I'm seeing this more and more that we're not doing audits. And from your point of view, you're saying that you don't know, because that's the internal auditor. But you know what? You should have in your position right in front of you which of the leases that we have in the City, when is the last time they had an audit, so that if'you feel that there should be an audit, you should go to him and ask for one. But we can't run a city that we're depending on everybody's goodwill to give us the right numbers. This is how we've gotten taken for a ride in many big -issued items. I realize this is a smaller one, but still, in 20 years, I would think that at least one time -- which is not asking for much -- they should have been audited, and frankly, it should have been more than once. Mr. Rotenberg: Commissioner, it might be the case. I will check and make sure I have the numbers of each lease that we have; how many times they've been audited in the last 20 years. Commissioner Carollo: Well, frankly, when you say "might be the case, "you have no notion if it has or not, as you said to me before. And in fact -- Later Commissioner Carollo: Now, what is the amount that they're paying per year -- in the last fiscal year? Mr. Rotenberg.• The amount that they're paying per year? Commissioner Carollo: Yeah, as last fiscal year that we have, how much are they paying us? Mr. Rotenberg: Are you asking the amount that they're paying the City as rent, or they're asking the amount that they're taking in from the boats? Commissioner Carollo: They've answered that. You have no idea what they're taking in from the boats, but I think the rent -- Mr. Rotenberg: I actually --we do. City of Miami Page 63 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Well, you have what they've given you, but it hasn't been audited. They said it's about 180,000 a year, so I take them at their word for it right now. But what have they paid us in rent the last fiscal year? Mr. Rotenberg: From this point, they're paying us $1,022.84 per month. Commissioner Carollo: 1,000 -- Mr. Rotenberg: $22.84 per month under the current lease. Commissioner Carollo: $22? Mr. Rotenberg: I'm sorry? Commissioner Carollo: Is it $1,022? Mr. Rotenberg: $1,022.84. Commissioner Carollo: Per month? Mr. Rotenberg: Correct. Commissioner Carollo: Okay. And that's on $180,000 that -- approximately, that they say that they have brought in the last fiscal years? Ms. Leiva: If I may, through the Chair. Commissioner Carollo, I have the audit statement from last year. It was $163,799.87 for boat storage fees. Commissioner Reyes was very thorough when we met with him and, as an economist that he is, asked us for all the financials. We submitted to him a profit and loss statement for 2016, and we have filed audit reports with the City of Miaini for the periods 2015 to 2016, and another one has been already submitted to the City for the `16 -- 2016/2017 year. Commissioner Carollo: Vicky, I thank you for that, but the issue here is not what you've done. You've done what you're supposed to do. The issue is that the City, from what I'm hearing, has not done what we're supposed to do with you and many, many others. And, you know, as much as we could trust your organization -- and it's not big dollars that we're dealing with here with you -- we have to live by the philosophy of "trust but verify, " and, you know, this is common sense. No business entitv in the world would run its business like we're doing it now, that we just trust everybody, and this is how we're losing a lot of money that this City needs. But let me move on, and I thank you for that. Let me move on to the other issue that I'd like to do. The last fiscal year we received a little over $12, 000 in rent from them. What I think they're offering now is to, more or less, double that on a yearly basis; that they will pay a minimum of 2,250; correct, Mr. Rotenberg? Mr. Rotenberg: $27,000 a year, $2,250 a month; that's correct. Commissioner Carollo: Yeah, that's a minimum. Mr. Rotenberg: That's a minimum. City of Miami Page 64 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: 27,000 a year -- Mr. Rotenberg: Correct. Commissioner Carollo: -- or 12 percent of gross revenues per month. Mr. Rotenberg: Above the base rent, correct. Commissioner Carollo: Above the base rent. Basically, on the amounts that they're giving us here, the bottom line is we're only going to receive 2 7, 000 a year, because it's not going over the 12 percent, from. what I'm seeing, correct? Mr. Rotenberg: I don't know what's going to happen in the future, but in the past they have paid -- had 10 percent percentage rent in the past, and they have paid percentage rent in the past. Commissioner Carollo: Yes, but they were only paying 1, 022 a month for it. That's the difference. Mr. Rotenberg: We've gotten the appraisals per whatever market value is based on the land being attached to a park. We've gone through the process with two appraisers. That's what -- the numbers we were given. Commissioner Carollo: You -- okay. The -- and that's the other area I was going into. The appraisals that you received for an acre .7, close -- an acre and three quarters of lana is that that's only worth 27, 000 a year? Mr. Rotenberg: That's correct. Commissioner Carollo: Okay. Interesting. Do -- where do they get their license at, the appraisers that we use? Mr. Rotenberg.- I can't answer that. Evety single one of them is on our procurement list as appraisers, sir. Commissioner Carollo: Okay. Vice Chair Russell: Mr. Chairman, I'd like to move that we call the question, please. Commissioner Carollo: Well, I'm still asking questions -- Vice Chair Russell: I've made a motion. Commissioner Carollo: -- Commissioner. Chair Hurdemon: It hasn't been seconded. Commissioner Carollo: I think that I do have a right to ask questions. Out of all the people that raised hands here before -- and, you know, I thank you City of Miarni Page 65 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 for coming here and showing interest in government and your support for the Sailing Club -- can I see the hands of those that live in Coral Gables? Well, I know quite a few of you here and I know you live in Coral Gables, so I'm not seeing the hands. And the ones that I do are buried, you know, down here, where they're not up there. Okay. How many of the people here actually own real estate and live in the City of Miami limits? That's a lot less than what we had before. And how many of the people here live in Coconut Grove? Okay, just about all the people that raised their hands before. How many of the people that are here supporting this live across US I? I see some of the same people raising hands again, but as you can see -- Chair Hardemon: How many people from Liberty City? Commissioner Carollo: Not that many. Chair Hardemon: You're just raising your hand now. Now you're fust raising your hand. Commissioner Carollo: Well, I -- Chair, I think I've made my point without going too far, but the bottom line what I see here is that, look, this is an area that's extremely valuable. I believe that -- my personal belief -- that others should come to the forefront and take on what we gave for 20 years. At the same time, knowing this area well, I see that we've taken a lot of the few parking spaces that we really had for Kennedy Park throughout the years for activities there. And while I know that I'm going to be told the whole area is open to the public to enjoy, it really is not. And the public doesn't know that they could even go into some of the area there. My opinion -- and this is why I will vote against this -- is that to give not just a 20 -year lease, but now we're going into a 25 year lease, is wrong on any, of these properties. I would be happy to consider a two-year lease, where if the City wants or needs to take this property back into [sic] the future, it can do it, but 25 -year lease, I'm sorry, and there's no need for it to go to 25 year lease. In fact, I'll point out that this sailing institution is probably paying more for a lobbyist attorney to represent them here todav that they're paying the City for one year, and I think that's quite telling, quite telling. So if anybody here would like to consider a two-year lease, I would join you in a two-year lease, because at least, this Citv of Miami property is not given away for 25 years. That's a long time, very long time, and particularly, for property that we're getting nothing for it. The City itself could run that, and we could get double the amount, if not triple, in rent than you're getting for boats there. You're giving people a heck of a deal. Heck, if I had a sailing boat or another boat, I'd be here, too, supporting this, and I live in the Grove, because I'm paying there half or less than half what I would pay anywhere else. So I'd be here too, and I'd raised my hand, wanting them to have that. But who's not in this? The other 99.999 percent of Miamians that are not getting any benefits from this, and we're not getting the revenue to pay for some of our other needs. And, you know, all the wonderful folks from other parts of the County are being able to enjoy this, but the residents of Miami, one more time, are going to be giving up revenues that they could earn and closing parts of what should be real parkland to the public. I mean, I remember seeing so many times police officers of the City of Miami give tickets out right in front of Kennedy Park, because there was no parking, and people were parking City of Miarni Page 66 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 parallel on the side of South Bayshore Drive, which I thought was fine, because they had no other way to be able to come and use the park if they were coming from other areas that just weren't a few blocks away. There, we have a tremendous amount of space that's being used any time they have activities, and other residents can't come and use that park. So if there's a will in this Commission for two years, I don't mind going against the grain. I mean, I could have very easily gone with the majority here and said 25 years. I could have been areal champion and said 50 years or 100 years. Or why not just give them the land, deed it to them? Then you guys be really happy and be applauding me. Maybe I might get a little statue even over there. But the -- Unidentified Speaker: Very small. Commissioner Carollo: -- but again, 20 years ago, it's my fault; I'm the one that opened up Pandora's Box. And like the gentleman said -- and I quote him again -- "Once you lose it, you give it away and never get it back, " and this is what I'm seeing time and time again in the City of Miami. Chair Hardemon: Commissioner Reyes, you had some comments? Commissioner Reyes: Yes. I do understand Commissioner Carollo, and I have been one of the -- one that criticize the use of our land and the ways that we have done our contracts and our leases, you see. I know the City of Miami is not getting the best return on the precious land that they have. We have many, many, many -- we have Shake A Leg. We have everybody around here that they are using our land and land that could be used for other purposes and to get more revenues to the general fiord, and so on and so on, and keep taxes low and all that. But in this case, we have an institution here that it has national --international projection. Ido agree that what you said -- what you claim, that the lease, 25 years, you know, we have to think about it, but I would like -- a two -year's lease, in my opinion, is too short, you see. It's quite short. And I will ask if maybe -- I know you're concerned, and I'm - - future use of this land, our other land, or the -- if there is a future re -- I mean, renegotiating how much are we going to -- the City could get. Can we -- Vicky, can we shorten the lease, and mavbe we can give -- with an extension later on and -- if it is possible, and would review all the possibilities that -- as Commissioner Carollo is saying, and maybe an increase in fees that the City is receiving, because maybe you charge a little bit more on -- and do better business? Ms. Leiva: Commissioner, the lease is not a 25 year lease; it's a 15 -year lease, with two optional renewals of five years each. And before it can be renewed, it has to be mutually agreed upon for those renewals to take place, so it's not automatic. So actually, what we're dealing with is a 15 -year lease. Commissioner Reyes: 15 years. Chair Hurdemon: And let me add something. Commissioner Reyes: Sure. City of Miarni Page 67 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: First of all, I've learned sitting in this seat that it is one of the most difficult things; to advocate a position about something that the masses, if you will, who are presented before you don't see eye to eye with you with. So by that, I mean, what Commissioner Carollo is a saying is what he believes to be true, and the majority of the people here would disagree with him because of his position, because it's something that is disfavorable [sic] to your bene -- disfavorable [sic] to you, and so -- But the benefits that he describes in what he was explaining were to the people of Miami, to the vast majority of the people of Miami, and to the City of Miami in general. We're talking about benefits that could be derived for the general fund, as Commissioner Reyes put. And so, I've seen waterfront land in the City of Miami be purchased for record numbers. I mean, you're talking about an acre of land purchased for record numbers that's noted all over this nation in real estate magazines. And I know that 1.7 acres right here off of the bay means a tremendous amount of revenue for sale or jor lease. And so, I can understand the frustration that Commissioner Carollo would have with this lease agreement, because it's true. I mean, what do you do? Do you continue this forever? Whereas, land that's as valuable as it is could be redeveloped in a way to provide more benefit to everyone. And so, part of what I thought about as we're sitting here throughthis is that, you know, what happens if the City of Miami wants to develop this parcel of land? Not necessa -- not sell it, but be a partner with someone in developing through some sort of Request for Proposal, and always include a space for the Sailing Club to operate from through some sort of lease agreement that is included within retail space or restaurant space or office space or residences, whatever it may be, but something that is more likened to where we're going in the City of Miami, which is giving the space for everyone to have an opportunity to enjoy. So I mean, I'll tell you, I was born and raised in the City of Miami, and I've never had an opportunity to come there. I didn't know that this place existed. And so, you know, when I look amongst the crowd, there's no one here that I would have recognized from my community that would have given me an opportunity to be there or told me inasmuch about it. So I mean, I take it very seriously, and I'm going to provide the students and children and young adults who live within my community an opportunity to come there, because I think it's important. There's so many structures within Miami that just seem off limits, and sometimes that's all that it takes for it to be off limits. And so, when you include restaurant space, though, that makes things a little bit more acceptable to people, because people say, "Oh, I can at least buy some French fries from there, " you know. I know many people that go into very expensive restaurants just to enjoy an appetizer; because they want to say that, Yve been there. " And it's important for young people all over this community to know that they can go somewhere and enjoy themselves, and see what it is that other people do when they have much more than what you have, instead of them just being shut out of it, because they don't have the right coat. So what I'm explaining to you is -- and what I'm explaining to my colleagues is that I don't believe that you take something away from someone in a fashion as so, and we're here and it just comes to an abrupt end. But I do believe this should be the beginning of a conversation about --for all of us -- about how we can make this place better, how we can create more revenue for the City, how we can give the watchdogs of this great organization, especially financially, the resolve they need so that we can City of Miarni Page 68 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 move forward and provide more affordable housing.for people who live in these communities so that we can have people that live in decent structures and give them a higher quality of life through someone who's willing to pay exorbitant rents in a waterfront property on the bay. I think that that's the connectivity that we need. We need to be able to use this sort of asset to pay for other assets that need real true inediation -- remediation in our communities. And so, I think that that's the way that we can go about doing it. And what I -- if I were making any amendment to this agreement, it would be to allow all of us to come together and create an RFP (Request for Proposal) that in 10 years, that we can start some sort of redevelopment of this property -- or less, but whatever -- if it's starting today to create an RFP to say, "Hey, in the future, we want to redevelop this property. We want it to be like so, " but then, also include a space where this organization can continue to operate from. Would you lose your ability to sell boat --or rent boat space? Probably, probably, but it doesn't appear to me that that's the core competency of this organization. And so, what I'm saying is that I think there's a space for all of us to make good on what it is that we want for the City of Miami and for our residents and for people that are -- believe in this institution, and I agree. I mean, the City of Miami has provided space for everyone, and we enjoy that, but there are many other municipalities within this County that don't provide the same. And so, we cannot be downtrodden with all the things that everyone wants for themselves, but no one's willing to help us provide for ourselves. And so, I'm willing to make that sort of amendment. I agree with Commissioner Reyes that maybe two years is too short, but within this agreement, we should be allowed to move forward with some sort of process where we can create some real opportunities for the City ofMiami. Commissioner Gort. Commissioner Gort: Mr. Chairman, let me give you a -- there's two things I want to ask. One of them is, I wouldn't mind doing it for five years. And I did something in Allapattah, which the -- with the property we have there, that they wanted to use it for homeless, and they needed an additional 10 years in order to fix the area, and I was willing to give the 10 years, but we came up with a solution, and the contract might have to be amended here, where any RFP -- if we could do an RFP where we can bring something favorable for that land, but have to be -- include that organization as part of the RFP, I think that's something that we can move into. Because one of the things we can do is by doing an RFP and making sure the club is part of that RFP, that the going to be able to continue and they might be able to continue forever, then, if it's the right RFP, instead of 25 or 5 years, but -- Commissioner Carollo: Well, I -- Commissioner Gort: -- I'm willing to amend to that. Ms. Leiva: May -- Commissioner Carollo: Chair? Ms. Leiva: -- I just for a moment give some information, through the Chair? City of Miami Page 69 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: One second, one second, one second. I just want to make sure -- Commissioner Carollo: Chair? Chair Hardemon: -- we had a motion. I want to recognize Commissioner Carollo -- Commissioner Carollo: Thankyou. Chair Hardemon: -- and any other comments. Commissioner Carollo: Well, first of all, Chairman, thank you for those words. I think they were well said. To Commissioner Gort, I thank my colleague in trying to find a better solution right now. Mr. Rotenberg, you had said before you had two appraisals that came in at an average of about 27, 000, or maybe less; I don't know. Do you remember what they came at and --? Mr. Rotenberg: We had one come in at $30,000 a year and one came in at 27,000. Commissioner Carollo: Okay. And what was the land appraised as? Mr. Rotenberg.• As far as? Commissioner Carollo: Well -- Chair Hardemon: The use. Commissioner Carollo: -- the use, because -- Mr. Rotenberg: It's parkland. Commissioner Carollo: Right. Mr. Rotenberg: And that's why it was appraised like that. Yes. Commissioner Carollo: So they didn't even -- to show you how faulty that is, and that those appraisals, from the minute you let them go, were faulty, it didn't even include that that's being used to rent out boats there, and that they're renting space to about a hundred boats there, and there's more. But you would agree in your position that whatever the appraisal is supposed to be, that back in '97, it would have been worth a lot less than it is today, correct? Mr. Rotenberg: Correct. Commissioner Carollo: Well, would it surprise you, sir, if I would tell you that back in '97, when I was negotiating City parkland with Mayor Pinellas, when we had the real financial crisis that we were left with, would it surprise you that the land that we sold to the County -- not because we wanted to, but City of Miami Page 70 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 because we needed the money at the time -- that's where the County built the American Airlines Arena, and then you have the five acres in the back thats Parcel "B" -- would it surprise you that back then, the appraisals that were gotten were to the tune of some $2 million an acre? Mr. Rotenberg: That would surprise me, yeah. Commissioner Carollo: Okay. Well -- And then you would agree that today, that would certainly be worth a lot more than 2 million back in '97, correct? Mr. Rotenberg: Yes. Commissioner Carollo: Okay. Well, if you could forward to my office, through the Manager, if'you would, a copy of those two appraisals, because, boy, I'm really interested to see how they came to those conclusions, and I'm going to tell you why. When I was Manager in Doral, there was a developer that had a contract with the City of Doral that he had to sell certain land to the City for additional parkland, but the City had to ask for it by a certain time. Well, before the City elections that Doral had, before I came, they thought they had all the T's crossed and the Is dotted for the benefit of the developer. Then, you know, I came along as Manager, and I exercised the City's right for that land under the conditions that they had agreed to originally. Well, they didn't want those conditions anymore; they wanted to give its certain appraisals, and they had to go all the way to Broward County to find a guy that the appraisal that he gave was out of this world because that's the money they wanted to. And frankly, I thought at the time that he should have lost his license for doing something of the sort. So I, you know, would very much appreciate it if you could send me those appraisals, because if these guys are as off as I think they are, I really don't want to use them anymore for other appraisals for us. Chair Hardemon: No. I've seen appraisals that come in extremely low values, and I think that they don't take in consideration what it really cost to gain apiece ofproperty in the City ofMiami. Commissioner Gort: Let me ask a question. My understanding, any lease that we have with anyone, in part of the contract, they supposed to supply the audit every month; am I correct? Mr. Rotenberg: That they have to supply the -- what? Commissioner Gort: An audit. Mr. Rotenberg: Yes, they do. Commissioner Gort: A year audit. Mr. Rotenberg: Yes, they do. Commissioner Gort: Now, once they do the year audit, who do they turn to? Who do they give it to? City of Miami Page 71 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Mr. Rotenberg: They give it to our office. Commissioner Gort: Your office. Mr. Rotenberg: Yes, sir. Commissioner Gort: So y'all should have an audit. Now, internal audit should be going in there also. Okay. That's -- They do supply an audit to you. Mr. Rotenberg: They do, and we do -- Commissioner Gort: Okay. Mr. Rotenberg: -- constantly ask the internal auditor to do audits, and our office is the most prolific requester of those audits, but yes. Commissioner Gort: Okay. Thank you. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. And I actually am glad we've had this conversation and fully through. We've got a lot of things to do today, and I would like to move on. But I do recognize the difference in -- It wasn't meant to be an applause line. We do have some differences in philosophy, and I would like to be very firm that I do not believe that our parks are piggy banks. I believe that they are either meant to be passive or active, and that we, as a city, are to choose which spots we activate. And so, I really want us to look at it that way. There is the other side of this, though, that I did hear, and I really -- I have some questions -- and I would be open to an amendment -- with regard to public access, outreach, and diversity. Just tell me briefly the program that you have right now that does active outreach to encourage and make aware folks that aren't from within the waterfront area to get involved in sailing, to learn sailing, and to make it available to them in a free and easv way, because, as the Chairman said, it may be open and free, there's nothing that keeps the public from going there, but if it doesn't feel that way, or there's not an invitation, it's discouraged in a sense. I believe that the -- I'll let you answer the question, and then I'll make, possibly, an amendment. Ms. Leiva: Okay. First and, foremost, I would like to enter into the record an impact study, economic impact study of outreach in the community, and it's over $64 million. That's without counting the value of the Olympic race. Vice Chair Russell: That's not where I'm going. Ms. Leiva: I know, I know. I can have someone address that specific issue. Javier Avino: Commissioner, Javier Avino, with Bilzen Sumberg. To answer your question before I have the other aspect of your question answered, at -- City of Miarni Page 72 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 per discussions, we have agreed with Parks to add additional signage to make it clear, so I wanted to make sure that that proffer was clear. Vice Chair Russell: Yes, and I'm aware, and that was one of my first asks to them two years ago when we started discussing this lease, and I really appreciate that. I would like to know about the actual outreach to get kids that are not from the local community involved in sailing. Chair Hardemon: Is the signage along the road? Every time -- listen, every time I drive down -- What is this called? Bayshore Drive? Vice Chair Russell: Bayshore Drive. Chair Hardemon: Every time I drive down Bayshore Drive, I took to the left, I look to the right, and all the beautiful -- I can never keep my eyes straight, because of all the beautiful homes. And I'm 34 years old, and I've been coming down here for about six years, so -- Mr. Avifi— It's signage that will be added. We are working with Parks to put in signage in specific locations, per their specifications, to make sure that it's clear as to accessibility and (UNINTELLIGIBLE). Chair Hardemon: Had you not interrupted me, you will understand that I was going that -- I was going to a place where the people who don't have access to the space, they aren't driving down Bayshore Drive. So, you know, it's wonderful that we add more signage there; it may be necessary, but it's -- it doesn't -- it does not assist us in the mission I think that most of us want, but we'll move forward with the answer (UNINTELLIGIBLE). Mr. Kamilar: Just quickly, Chairman Hardemon. We tried to put additional signage up; the City wouldn't let us put it up. If the City wants to allow that now, that'll be great. We've tried many times; they won't let its do it. We're happy to do it. But just so everybody can see -- and, Commissioner Russell, to respond to your question directly, this is our summer. We've got May, June -- well, a little bit more than that -- May, June, July, and August, and this is how we fill it up. And basically, we don't have the Olympics really practicing much during the summers, and that's really our time that we can reach out. And Tm just going to read generally from what we have. Here's a Wednesday. We have disabled veterans sailing. We have community open sailing. We have sailing school. We have a Mother's Day sailing school. We have community open sailing. We have a sail school. And all these dates have filled up. And what we did was -- Ms. Leiva: Explain what you mean by "filled up. " Mr. Kamilar: Well, we're filling up our days. Right now -- I mean, we're still in May. We haven't filled up the whole summer. The summer has a tendency to fill up. So the answer is, we have the programs that we put on where we outreach to the community; in addition to which, the community outreaches to us. And if somebody comes, just like the City of Miami did, and said, "We have a summer sailing program that we don't have the people and the facilities to run. Will you run it for us? " And the answer is -- when City of Miarni Page 73 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 they asked me that when I was president, I said, "Sure. " It's just a question of:filling in the dates. As long as we're not stepping on the toes of anybody else who's already committed to it, you know, we'll do, and that's what we are. We're a platform. We're a volunteer organization that built a $2 million building that's going back to the City of Miami, in addition to our rents, but basically, we're there to put these programs on. So we want to partner with other organizations. We're not there to go into these other places to create communities. There are communities; we reach out to them. We want to fill up the dates as much as we can in the summer, and the answer is, we want to partner with them. And in some years, a lot partner with us; in other years, they don't. But we'd love to put signs out. We'd love to do more. We're there to be used. We're just volunteers. Nobody's making a dime off of this thing. All we're asking is for the ability to continue to give our services to the City's children. Vice Chair Russell: Thank you, and I recognize this. I'm in support of this cause 100 percent. I'm trying to get you there. Tm doing some math up here from moment to moment, trying to make sure we got four votes to pull its through, and I see the hesitation or the concerns within my fellow Commissioners, because I can't do this alone. And in fact, I can't do it with a majority; I need a supermajority here to get this across the line. And the only valid point that I really hear about -- because from a financial perspective, I'm satisfied with what we're doing with this property. I do not want to see a restaurant here. This is doing what it's meant to do, in my mind, and I would welcome the other Commissioners to come here during sailing season and see the activity and see the energy, and see the business that it brings to the community. But what we are not seeing is the diversity of faces inn this room that I hope the next time you come back here has shifted a bit, and that sometimes takes a conscience outreach, because there are groups within our community that don't even know that sailing could even be a dream for them, and I see that the calendar makes it available. I know that the will is there, but what sort of active outreach can you promise within this lease? And it may be a marketing budget to reach out to schools within certain neighborhoods that might not traditionally sail. It might be through our own Parks Department and our community centers to make sure there are flyers that parents see everywhere that if your kid wants to learn to sail, there is an opportunity for them. What can you commit to us in that? I would be glad to amend that within our lease, and I think we can pull this across the line today with at least four votes. Mr. Cabassa: Thank you, Commissioners. Vice Chair Russell: I'm sorry. Commissioner, did you have a -- Commissioner Reyes: Yes, yes. Vice Chair Russell: --comment? Commissioner Reyes: Yes. I was the one that brought the inclusion of underprivileged children -- I mean, participation. I read real clear what the Chairman was saying. You see, by placing signs on front of a park and all of that, that is not outreach. And I do agree with Commissioner Russell that we City of Miami Page 74 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 need a more active effort to reach children in Little Havana or people in Little Havana, people in Flagami, people in Liberty City or in Overtown or Allapattah. If I do a poll in Flagami or Little Havana and Overtown and all those neighborhoods, they don't know that you exist, you see. You might have the good intention of allowing or providing services or classes to underprivileged population, but you need to do a better effort, you need to do a better effort. And I agree with you, Commissioner. Ms. Leiva: Commissioner -- Vice Chair Russell: So what I would -- Ms. Leiva: -- in respond [sic] to your question. Vice Chair Russell: Yes. Ms. Leiva: A couple of points, and I would like to answer also. Community service is built into this lease. We abide by the lease. And we have had over 2,000 children come through on an annual basis. We will continue to do that. We will do more of'it. We're ready. We've already met -- During the lull between the last meeting and now, we've already met with your Asset Management and with your Parks Department to address the issues that we knew were of concern. So those conversations have started and they will continue. And I will commit to you that I will, on a pro bono basis, happily assist the communication between this group and your Parks Department. I can also tell you that from the board of the Sailing Center, if this Commission desires to change the zoning on the property and the Comprehensive Plan, and the zero net loss of parkland to have more activity and more uses on this site, we are fully able and willing and wanting to work with you to achieve those things that you may have. Listen, a restaurant on this site would be more income for us so we can, take care of more children and more programs. So we're with you. We are together in this. We are not on opposite sides. You are the community that is -- this is the community that elects you and is ready to work with you. So wherever you want us to go, we can go. But I'm telling you, this lease, as written, allows that to happen, and I think your Director of Asset Management can confirm that. Vice Chair Russell: I fully understand. I'm simply asking for a commitment - Ms. Leiva: Commitment. Vice Chair Russell: -- that -- and if that -- Mr. Cabassa: Commissioner Russell -- Vice Chair Russell: Thank you. Mr. Cabassa: -- I'm part of the Sailing Center. We are fully committed to increase our presence with community service. City of Miarni Page 75 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Vice Chair Russell: Thank you. I am satisfied. If there's a specific amendment you have, Commissioner Reyes, with regard to that issue -- because you did bring it up and it's a very good point --1'm open to it. Commissioner Reyes: I'm going to ask the City Manager -- Vice Chair Russell: But I will -- Commissioner Reyes: -- is that included in the contract? Mr. Gonzalez: Yes, Commissioner. Actually, the resolution calls for -- and I'll quote -- "Initiate and continue a summer sailing program specifically geared towards underprivileged children within the City. " Commissioner Carollo: Can we put a minimum number of children within the City that they have to attend to per year? I had heard before the figure of 400,000 across the countty, which I figure the local number was much lower; I heard 2000. I think that that figure should at least be S, 000 that they do a year; no less than that, and -- Mr. Rotenberg: May I also suggest that from some of the budget that they have in here, if we want to put a dollar amount on this from the boat storage fees, some of that goes towards those programs, but they're taking in 170, 180, 000. Commissioner Carollo: Well, the other area that I would like to see in whatever amendment is made that they charge no less than 80 percent of what the market rate is on boat fees. That's going to bring them more money, and at the same time, it might give us just a little bit more on that 12 percent ticker that we got here. Mr. Rotenberg: I -- one more thing I'd like to point out. With the Commission's permission, I'd like to explore this. Part of this does say, "Reserving all air rights for future City buildings, all rights to submerged lands for future City boat slips and marinas, and all rights of access to the property, with additional terms and conditions contained in the lease. " We can look at doing something alongside with this. Chair Hardemon: Now, Madam City Attorney, I know you explained that just a short while ago to me, so I just want you to make plain what that means to its so that we know whether or not it gives its the ability to do what we've been discussing. Victoria Mendez (City Attorney): Thank you, Chairman. So when we had the Outboard Club lease, and also this one come up, and some of the concerns were the fact that we were losing revenue on these marquee properties, and it's the balance of the community with the City funding. What we did in that one and what we're doing here is reserving air rights for future City buildings in order to be able to either cantilever over and build a space that would be very similar to what you re describing that we could do a potential RFP and bring in additional revenue above and beyond. It wouldn't be revenue necessarily that would go to the Sailing Club; it would City of Miami Page 76 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 be revenue that would go to the City, but it would be those types of things; the submerged lands lease; be able to build additional slips and marinas that could be utilized along with the Sailing Club, or for City purposes; and rights of access in order to be able to access those things, which comes in line with what Commissioner Carollo and the Chairman talked about with regard to these types of funding or other potential RFPs that we could do in order for everyone to be happy. Chair Hardemon: All right. So -- I mean, if that language is there, it satisfies me, but I know that we have a number of different proposed amendments to this that need to be addressed. The first proposed amendment was added by Commissioner Gort, which was to make it a five- year lease, and I'm assuming then with an additional five years and five years, the way that it's put, so it would just change in the first term of five years. And the first question that I have is for the mover: Are you willing to accept that amendment? Vice Chair Russell: No, sir. Chair Hardemon: Okay. So if'not, with a move -- a motion and a second, then that would be denied. There's another -- Commissioner Carollo: Can I make a -- Chair Hardemon: -- there's a new amendment. Commissioner Carollo: -- substitute motion based on Commissioner Gort's five years and opening it up for some of the additional amendments that some of you might wanted to have included. I think Commissioner Reyes mentioned some, you did, but maybe with what the Manager said, you're satisfied. Vice Chair Russell: Mr. Chairman. Ms. Mendez: I'd like to talk about all those amendments, and just list them just so that we're sure that we all vote for those amendments, and if it is amended, but -- Ms. Leiva: Through the Chair, please? Chair Hardemon: Well, first, I want to make note of what motion it is that Commissioner Carollo wants its to address. Commissioner Carollo: Well -- Ms. Leiva: This may impact those amendments. Commissioner Carollo: -- it begins with a five year lease, as Commissioner Gort proposed, with two fiveyears -- Commissioner Reyes: Yes. City of Miami Page 77 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: -- extensions that would have to be mutually agreed upon by both City and Sailing Club, approved by the Commission. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: Thank you. I'm welcomed to consider amendments as we go, but just for the record, in Mason's Manual of Legislative Procedure, there's no such thing as a "substitute motion" that can just erase my motion or supersede it. So let's just deal with each amendment as it goes. Commissioner Carollo: The -- Vice Chair Russell: I'll accept or deny each amendment. I'm -- I've addressed the first one as a five-year; I believe it's too short. If the will of this body is not willing to accept the 15, plus, plus, I'd be willing to go down to 10. And then with the extensions mutually agreed -- all other terms in the mutual agreement process, I would accept that amendment if someone's open to making that. Chair Hardemon: So I have -- I'm having some discussion with our City Clerk. We have some disagreement. The -- when Commissioner Carollo always says, "substitute motion, " it always really boggles my mind, because the way he put it, it's not technically what it is called, but understanding what he's attempting to do with his motion, I've always addressed those sorts of motions. And so, basically, I just want to make everyone understand where we are; make plain what's happening. Right now there's a motion and a second on the floor, which means that there is a motion. There's a main motion for us to consider. And I like to liken it to, `I move that we eat pizza, " right? There's a motion to eat pizza on the table. And so, sometimes everyone doesn't agree about eating the pizza; you want to add pepperoni onto the pizza. Some people like pepperoni pizza. And so, someone might make a motion to amend the main motion to include pepperoni on the pizza. Now, it can be done friendly. It can be, "Hey, mover, seconder, would you like" -- "can you add pepperoni? Yes or no? " So if someone says, "No, " now what we've -- I usually call it a hostile amendment, where you say, "Well, I move that we add pepperoni to this pizza. " And it sounds to me that Commissioner Carollo wants to add pepperoni. What our City Clerk is saying to us is that that hasn't been our custom. Custom -- At the City of Miami Commission, what we've done through custom is address whatever the main motion is. And if there's not a friendly amendment, then we should not address -- we should not add pepperoni to that pizza, and I kind of disagree with that. I believe that whatever -- if there is a motion -- this is the will of the body. If there's a motion to amend the main motion, then we should be allowed to do that, because all we're voting on is that amendment. So for instance, if Commissioner Carollo says he wants to add pepperoni, and then there's someone says, "Second, " then -- you know, then we take a vote. Who wants to add pepperoni,'? The pepperoni is added. Now we have a pepperoni pizza to vote on, whether or not we want to eat. I think that's the fairest way to do it. I think it makes sense. City of Miami Page 78 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Vice Chair Russell: Mr. Chair? Chair Hardemon: Yes. Vice Chair Russell: If I understand correctly, though -- and I totally welcome amendments. Pin not talking about this item, but in general -- a mover makes a motion. Chair Hardemon: Yes. Vice Chair Russell: Someone adds amendments. It's up to the mover to accept or not accept without a majority vote of accepting that. Chair Hardemon: A friendly amendment. That's what I call friendly amendments. Vice Chair Russell: Right. Chair Hardemon: I have some called friendly amendments and more hostile amendments. A friendly amendment is saying, `Hey, you know, I think we should add pepperoni to it. " Vice Chair Russell: Right. Chair Hardemon: And the mover says, "I agree. " Vice Chair Russell: Right. Chair Hardemon: And you add it. Or the mover says -- well, the mover disagrees -- Vice Chair Russell: Right. Chair Hardemon: -- with the pepperoni. Well, it's up to the person who really wants to add the pepperoni whether or not they want to pursue that any further; meaning, at first, I asked you for your permission, just to say, "Will you take the buy in?" Vice Chair Russell: Yes. Chair Hardemon: And you agree or disagree. If you don't take the buy in, then Isay, "Well, this is really, really important to me, so I'd like to move.for the body to consider us to add pepperoni to this pizza." That part of it is the more hostile part, because it's saying -- Vice Chair Russell: Right. Chair Hardemon: -- 7 want to amend the main motion to include pepperoni. " Vice Chair Russell: But wouldn't the proper procedure be, if that amendment is not accepted, that it simply moves through and gets voted City of Miami Page 79 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 down; and then its brought up again, perhaps by the person who wanted to make that amendment, as a new motion with their version? Because that is a hostile amendment. Well, it's not -- it could be friendly. It's simply we're not at the right -- maybe it's not pepperoni; maybe it's anchovies that I wanted. That's all right. Ilike anchovies. Commissioner Reyes: I was going to propose some sausage to it -- Vice Chair Russell: Right. Commissioner Reyes: -- instead of pepperoni. Vice Chair Russell: So I think we're close here -- Commissioner Reyes: You see, for eight years -- Vice Chair Russell: -- because as the mover, I'm hying to set the table here and listen to all points of view on the length of this lease. Chair Hardemon: Well, first of all, you have a motion; you have a second. What you have on the table is a cheese pizza. You have a pizza. That's what you have. So the fact of the matter -- the fact that we're eating pizza is a win, right? I just want to make us clear. Vice Chair Russell: Yes. Chair Hardemon: The fact that we're talking about pizza is a win, because someone could want a burrito, right? But we're talking about pizza. Vice Chair Russell: But if we vote on each amendment, the mover has completely lost the -- you know. Commissioner Reyes: I do understand what you're saying. Chair Hardemon: Well, I would -- but, remember that it becomes -- it is all about the mover presented the pizza. Now, it's up to us whether or not we want to vote to approve that pizza Commissioner Reyes: Can I say something? I mean, just to get this -- I know that argument going and I'm trving to get into an agreement. I know that the mover is not in agreement with such a short lease, and I see the point on it; you know, such a short-term lease of two years or five years. You propose -- Vice Chair Russell: 10 -- Commissioner Reyes: --10 years. Vice Chair Russell: -- plus the extensions. Commissioner Reyes: Could you go to --for eight? City of Hiarni Page 80 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Vice Chair Russell: If it gets us through the day and -- Commissioner Reyes: Could you go for eight? 1 mean -- and I want -- Mr. Gort, would you be in agreement with eight years and two --? I mean, provided that we have the right that -- as expressed, as the City Attorney, says that the City has the right to develop and do whatever they need -- I mean, they think that's going to be more beneficial for the City of Miami. Vice Chair Russell: I'll take that as an amendment. I will accept your amendment. Commissioner Reyes: Thank you. Vice Chair Russell: Eight-year lease, with two five year extensions; all other terms the same with regard to -- I'm sorry. Ms. Leiva: Please, please, please. This is very important. Vice Chair Russell: Does this actual -- alter the substance of your ability, to operate and -- Ms. Leiva: And more important than that. -- Vice Chair Russell: -- fundraise and --? Ms. Leiva: It does not coincide with the Olympic cycles. Vice Chair Russell: Thank you for bringing that out. Commissioner Reyes: It's four years. Every four years. Ms. Leiva: So it's every four years. But -- Commissioner Carollo: So that's back and forth. Ms. Leiva: -- right now we're past a cycle, so we would need 10 years to stay with their cycles. Right? Unidentified Speaker: Correct. Vice Chair Russell: Thank you, for bringing up that point. Ms. Leiva: And another very important issue. Chair Hardemon: But you don't -- so you don't want it to pass? I mean, I -- Vice Chair Russell: No. Sh.e's want -- she's just making a point. Ms. Leiva: I want this to pass. Chair Hardemon: What I'm saying is that sometimes -- okay. City of Miami Page 81 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Ms. Leiva: But I think its very important for that $64 million impact to this community that -- Vice Chair Russell: Olympics are the key here. Ms. Leiva: -- those rings continue to fly over Miami. And 1 don't think anybody here, especially Commissioner Carollo, who was the visionary who realized that we could have the Olympic race in Miami -- I don't think anybody wants to put them at risk. So all I'm saying is 10 years gets us -- it keeps us with -- Vice Chair Russell: Understood. Ms. Leiva: -- two cycles. Vice Chair Russell: Mr. Chairman. Ms. Leiva: The other issue is you compared us to another waterfront entity. They're a club and they're exclusive. We're not a club and we're not exclusive. Chair Hardemon: This is some kind of club. Commissioner Carollo: Can -- Vice Chair Russell: Then -- Commissioner Carollo: -- I ask the City Clerk a question, Mr. Chair? Can I ask the City Clerk a question? Chair Hardemon: Well, let -- before we -- Commissioner Carollo: It relates to -- Chair Hardemon: To the question? Commissioner Carollo: -- what we've been discussing here. Chair Hardemon: Okay. Commissioner Carollo: Yeah. I'm old school., and I've been calling by what we used to do in the past when you are amending a motion or through a substitute motion a substitute motion. What is the -- and I think everyone's been understanding this since I got back until today. What is the official word that I should be calling it, Mr. Clerk, my substitute motion? Todd B. Hannon (City Clerk): Well, the current custom of the Commission has been where the maker of the motion would need to accept the amendments. And just as Vice Chair -- City of Miarni Page 82 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: On amendments, but not on a substitute motion. I'm not talking about customs; I'm talking about Mason's. Substitute motions, what does Mason actually call them? Vice Chair Russell: He's looking for the word "subordinate motion, " Mr. Clerk. Mr. Hannon: I do -- I'm not familiar with that concept, because again, Mason's allows for custom to become the Commission practice, and therefore, the custom can take precedence over whatever is in Mason's. Commissioner Carollo: Well -- Mr. Hannon: And so, that's why -- Commissioner Carollo: --the practice, 16 years back when I left, was "substitute motion. " I made the practice again, numerous times, since I've been back -- Chair Hardemon: Right. Commissioner Carollo: -- "substitute motion. " Chair Hardemon: So -- but let me say this. I like to make things rather plain. So Chapter 38 of Mason's talks about the motion to amend. Section 396 of it says, "What motions may be amended. " And part one says, `Every original main motion may be amended, and all other motions may be amended, except those contained in the following list. " And there's a list of things that cannot be amended. And so, my position on this is that when you move to amend the main motion, which is the motion to have pizza, you're amending it to include pepperoni, and that's all that it really is. It's a motion to amend the main motion that's on the floor, and that motion is to include pepperoni. And so, that's what's being considered. Do we agree with that motion to amend the main motion to add pepperoni? If someone says -- if all of us agree, yes, then now the new main, motion is a pepperoni pizza; no longer a cheese pizza. And so, it's not necessary to say what sort of motion it is. I just took from what you were saying to -- understanding that you're moving to amend the main motion. There's some things I'm a little bit more of a stickler for. Right? For instance, the calling the question. Calling the question, sometimes people do it and other people will want to speak. Calling the question is not something that we debate. If there's a second, we go directly to the question of whether or not we should call the question, up or down. If it's voted up, then we call the question; no more debate. If it's voted down, then we move back to our discussion, wherever we were. But you can do a lot of other things. You can move to have limited discussion, five more minutes of discussion. So there's a lot of things that you can do. Commissioner Carollo: Absolutely. Chair Hardemon: And so, you know, what the Clerk likes to do is to kind of heed to -- that we follow this, but more so that it's more collegial. And so, this is how we've been doing things, but certain times there -- I think having City of Miami Page 83 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 a certain rule in effect does have a benefit. Mr. Clerk, I know you want to read something to us. Mr. Hannon: No, sir. It's just that if the Commission would like to now incorporate that into their -- as a current custom, then you can -- it's the will of the body. So we can now move away from the current practice, which is the mover essentially can accept friendly amendments; and if someone wants to make an amendment outside of that, then either the second can -- seconder can withdraw their motion. So there is control within the body without having to have these additional amendments. However -- Chair Hardemon: But there -- Commissioner Carollo: There always is. Chair Hardemon: -- but -- then let's think about -- When we talk about this, Mr. Clerk -- I'm sorry this has all come at this point, but -- For instance, in Mason's, it does not require a second, right? Mr. Hannon: Correct. Absolutely. Chair Hardemon: So Mason's doesn't require a second to put a motion before this body, but we do that, right? That's a custom that we practice, or we can be less stringent if we chose to. And this, to me, is not -- it's really about trying to really capture the essence of what the body wants and not the person who moved or seconded. I'm trying to get away from, you know, if -- because you could lose your vote because of an amendment that you refuse to take, right? That can happen. It has happened, right? So what I'm explaining to everyone is that we -- our rule book is this book. Customs usually take precedent where there is no rule. Commissioner Reyes: Yep. Chair Hardemon: Right? Sometimes we may have a custom that we go -- that is outside of the rule, but the rule book is the rule book. Commissioner Reyes: The rule book. Chair Hardemon: Right? And if we decided to do something different from the rule book, then, you know, that's what we do. But I think that's such a basic part of parliamentary procedure that we should not stray away really from what is here, because at the end of the day, all it is, is that a member of this body wants to put forth an amendment to a main motion; and if people agree with him, they do. And ifpeople don't agree with him or her; then they don't. And we wouldn't be here discussing this any further. Right? So now we spent a lot of time on this. And so, right now we have a motion that has been amended through a friendly amendment that was accepted by the mover Vice Chair Russell: I'd like to alter that. City of Miarni Page 84 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: -- and -- So let's be clear then. What is on the floor for us to consider? Commissioner Reyes: Can I try -- add now a little bit of bacon to the pizza? Chair Hardemon: Well -- but first, let's see what kind of pizza we're dealing with f rst. Wait, wait, wait. Let's see. Commissioner Reyes: No, no, no, but following, l said eight years, and -- Chair Hardemon: Okay. Commissioner Reyes: -- the mover accepted it. Chair Hardemon: Right. Commissioner Reyes: Following in your reasoning and your skills, then if we're going to be within the Olympic cycle, you don't need five years -- additional five years contract, you see, leases. So let's bring them down to four years, two four -years. Vice Chair Russell: Oh, no, no, no, no, no. Commissioner Reyes: Because, I mean -- Vice Chair Russell: Too short. We'll be -- Commissioner Reyes: I mean, it's that the reasoning is that. It is 10 years, plus two four years of -- Vice Chair Russell: Oh, I see what you're saying. Commissioner Reyes: That's right. Vice Chair Russell: Two four year contracts, but -- Commissioner Reyes: (UNINTELLIGIBLE) contracts, okay. Vice Chair Russell: Two four-year cycles. Commissioner Reyes: Four two-year contracts, okay [sic]? 10 years and two four -years, and then we are within the cycle. Ms. Leiva: 10 and 4? Commissioner Carollo: Well, you could be within the cycle with four years - Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Carollo: -- now and -- City of Miami Page 85 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Reyes: No, it would be two. Commissioner Carollo: -- two extra four years. Commissioner Reyes: It would be six now. It would be two. Commissioner Carollo: Well, then, put six years and the extra four years. Vice Chair Russell: Okay. No. The amendment requested was 10 years, plus two four-year extensions; the mover accepts. The mover asks that we call the question, and I ask for a second on the calling of the question, please. Commissioner Gort: Second. Vice Chair Russell: Thankyou. Chair Hardemon: All right. So it's been properly moved and seconded for the call of the question. All in favor of calling the question, say "aye. " Vice Chair Russell: Aye. Chair Hardemon: All against? The motion to call the question passes. All in favor of the main motion on the floor, which is approve this lease agreement as it is -- Vice Chair Russell: As amended. Chair Hardemon: -- as amended -- I'm sorry -- which includes those four- year terms after the original 10 year lease agreement, say "aye. " Vice Chair Russell: Aye. Commissioner Reyes: Aye. Chair Hardemon: All against? Commissioner Carollo: Nay. Chair Hardemon: Motion passes. Ms. Mendez. Chairman. Thank you very much. (Applause) Ms. Mendez: Chairman, I just -- I needed to clarify. It's 10 years with a -- two four-year options. Chair Hardemon: Right. Ms. Mendez: Are the options upon mutual consent or --? City of Miami Page 86 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: Whatever (UNINTELLIGIBLE). Vice Chair Russell: (UNINTELLIGIBLE) written in the lease -- as written in the first draft,- just changing the five year to four. Ms. Mendez: Okay. So then, that's mutual. And then there were other things that were brought up about the diversity and outreach program. Unidentified Speaker: That's already in there. Vice Chair Russell: My office will work with them, including budget if necessary, to help with that (UNINTELLIGIBLE). Ms. Mendez: The problem is that I have to have some of these things on the record, unfortunately, because then -- Vice Chair Russell: The mover did not accept any other amendments. Chair Hardemon: Right. PH.8 RESOLUTION 3867 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), BY A FOUR-FIFTHS (4/5) AFFIRMATIVE VOTE, Improvements & APPROVING AND CONFIRMING, AFTER A PROPERLY Department of Real ADVERTISED PUBLIC HEARING, THE CITY MANAGER'S Estate and Asset EMERGENCY FINDING, AS AGENCY HEAD, ATTACHED AND Management INCORPORATED AS ATTACHMENT "A," THAT HURRICANE IRMA HAS CAUSED A VALID PUBLIC EMERGENCY TO CITY OF MIAMI ("CITY") FACILITIES AS OUTLINED IN EXHIBIT "A" OF THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND INCORPORATED, FINDING IT IS MOST ADVANTAGEOUS FOR THE CITY TO WAIVE THE COMPETITIVE SEALED BIDDING PROCEDURES PURSUANT TO SECTION 255.20(1)(C)(1), FLORIDA STATUTES, AND ALL REQUIREMENTS OF SECTION 18- 89 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); AUTHORIZING THE CITY MANAGER TO APPROVE AND UTILIZE RESPONSIBLE CONSTRUCTION CONTRACTORS DUE TO EXIGENCY OR EMERGENCY CIRCUMSTANCES; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH EACH CONSTRUCTION CONTRACTOR FOR THE REPAIRS OF THE CITY FACILITIES LISTED IN EXHIBIT "A," FOR A PERIOD NOT TO EXCEED THE COMPLETION OF EACH REPAIR. ENACTMENT NUMBER: R-18-0185 City of Miarni Page 87 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 City of Miarni Page 88 Printed on 06/27/2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. For minutes referencing Item PH.8, please see "End of Consent Agenda. " PH.9 RESOLUTION 3946 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Information VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE Technology CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS ATTACHMENT "A"; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED AMENDMENTS NO. 1 AND 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE INCORPORATED ("ESRI") ENTERPRISE AGREEMENT ("EA") NO. 312716 TO PURCHASE THE ARCGIS HUB MODULE TO BE ADDED TO THE GEOGRAPHIC INFORMATION SOFTWARE ("GIS") SUITE OF SERVICES, INCLUDING, BUT NOT LIMITED TO SOFTWARE LICENSES, TRAINING, SERVICES, MAINTENANCE, AND SUPPORT FOR A PERIOD OF TWO (2) YEARS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI- DEFICIENCY ACT AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0186 City of Miarni Page 88 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. For minutes referencing Item PH. 9, please see "End of Consent Agenda. " PH.10 RESOLUTION 3939 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Grants ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Administration VOTE, AFTER A DULY NOTICED PUBLIC HEARING: (1) WAIVING COMPETITIVE BIDDING PURSUANT TO SECTION 18-86 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, (2) AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD IN A TOTAL AMOUNT NOT TO EXCEED $25,000.00 ("GRANT") FROM THE SIMPLY HEALTHCARE COMPANY ("GRANTOR") FOR THE CITY OF MIAMI ("CITY") LIVE HEALTHY LITTLE HAVANA INITIATIVE ("PROGRAM") - MIAMI DIABETES PROJECT ("PROJECT") TO COMPLEMENT AND ENHANCE THE PROGRAM FOR THE PROGRAM YEAR FROM JANUARY 1, 2018 THROUGH JANUARY 31, 2019, AND (3) AND AUTHORIZING THE CITY'S IN-KIND CONTRIBUTION OF PUBLICITY AND A SOCIAL MEDIA TOOL KIT IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) ("CITY IN-KIND CONTRIBUTION"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT FUND ENTITLED "LIVE HEALTHY LITTLE HAVANA INITIATIVE - MIAMI DIABETES PROJECT" AND APPROPRIATING THE GRANT AND THE CITY'S IN-KIND CONTRIBUTION, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED, IN ORDER TO FUND THE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A GRANT AGREEMENT AND THE OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT AWARD FROM THE GRANTOR FOR THE PROJECT. ENACTMENT NUMBER: R-18-0187 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. For minutes referencing Item PH. 10, please see "End of Consent Agenda." City of Miarni Page 89 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 PH.11 RESOLUTION 3942 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR - Office of Grants FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY NOTICED Administration PUBLIC HEARING: (1) WAIVING COMPETITIVE BIDDING PURSUANT TO SECTION 18-86 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED; (2) AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD IN A TOTAL AMOUNT NOT TO EXCEED TWENTY THOUSAND DOLLARS ($20,000.00), FROM KABOOM! PLAY EVERYWHERE CHALLENGE ("GRANTOR") FOR THE "MIAMI 1, 2, TREES! GO! PROJECT" ("PROJECT"); AND (3) AUTHORIZING A CITY OF MIAMI ("CITY') CASH AND IN-KIND MATCH TOTAL NOT TO EXCEED ONE THOUSAND, TWO HUNDRED FIFTY DOLLARS ($1,250.00) ("CITY MATCH") FOR THE PROGRAM YEAR COMMENCING MARCH 10, 2018, AND ENDING AUGUST 31, 2018; ESTABLISHING A NEW SPECIAL REVENUE PROJECT FUND ENTITLED; "MIAMI 1, 2, TREES! GO! PROJECT" AND APPROPRIATING THE GRANT AND THE CITY MATCH, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED, IN ORDER TO FUND THE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A GRANT AGREEMENT AND ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT AWARD FOR THE PROJECT. ENACTMENT NUMBER: R-18-0188 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. For minutes referencing Item PKI], please see "Public Comment For Regular Item(s)" and "End of Consent Agenda." City of Miarni Page 90 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 PH.12 RESOLUTION 3993 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Grants ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Administration VOTE, AFTER A DULY NOTICED PUBLIC HEARING: (1) WAIVING COMPETITIVE BIDDING PURSUANT TO SECTION 18-86 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, (2) AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE CITIES FOR FINANCIAL EMPOWERMENT FUND, INC., A DELAWARE NON -STOCK, NON-PROFIT CORPORATION ("CFE FUND"), IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SIXTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($367,500.00) ("GRANT") FOR THE CITY OF MIAMI ("CITY") SUMMER YOUTH EMPLOYMENT AND FINANCIAL EMPOWERMENT EXPANSION PROGRAM 2018 ("CITY PROGRAM") FOR THE PURPOSES OF EXPANDING AND SUPPORTING UP TO ONE HUNDRED (100) ADDITIONAL SUMMER YOUTH EMPLOYMENT OPPORTUNITIES WITH LOCAL BUSINESSES AND ENTITIES, AS WELL AS CONTINUING TO ADHERE TO ESTABLISHED CITY PROGRAM COMPONENTS CONNECTING PARTICIPANTS TO FINANCIAL COUNSELING AND BANKING OPPORTUNITIES; AND (3) AUTHORIZING THE CITY'S IN-KIND CONTRIBUTION OF PUBLICITY MEDIA EVENTS, AND SOCIAL MEDIA IN AN AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) ("CITY IN-KIND CONTRIBUTION"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT FUND ENTITLED "SUMMER YOUTH EMPLOYMENT AND FINANCIAL EMPOWERMENT EXPANSION PROGRAM 2018" AND APPROPRIATING THE GRANT AND THE CITY IN-KIND CONTRIBUTION, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A GRANT AGREEMENT, AND ALL OTHER DOCUMENTS, AMENDMENTS, RENEWALS, MODIFICATIONS, AND EXTENSIONS IN ORDER TO IMPLEMENT AND TO COMPLY WITH SAID GRANT FROM CFE FUND FOR THE CITY PROGRAM. ENACTMENT NUMBER: R-18-0189 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note ,for the Record: For minutes referencing Item PK12, please see "Public Comment For Regular Item(s)" and "End of ConsentAgenda." END OF PUBLIC HEARINGS City of Miarni Page 91 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 SR - SECOND READING ORDINANCES SRA ORDINANCE Second Reading 2889 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/ARTICLE IV/DIVISION 3 OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED and Mayor "POLICE/TOWING AND IMMOBILIZATION OF MOTOR VEHICLES/IMMOBILIZATION OF MOTOR VEHICLES," MORE PARTICULARLY BY AMENDING SECTIONS 42-117 THROUGH 42- 118 TO CLARIFY EXISTING REQUIREMENTS AND PROVIDE ADDITIONAL REGULATIONS RELATING TO THE IMMOBILIZATION/BOOTING OF MOTOR VEHICLES ON PRIVATE PROPERTY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13766 MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt with Modification(s) ADOPTED WITH MODIFICATION(S) Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item SR.], please see "Public Comment For Regular Item(s)." Victoria Mendez (City Attorney): Thank you. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: I'll move the item. Chair Hardemon: It's been properly moved. Is there a second? Commissioner Gort: Second. Chair Hardemon: It is -- Commissioner Carollo: This is -- Ms. Mendez: Chairman? Chair Hardemon: -- the booting item. Yes. Ms. Mendez: I'm sorry. I believe that Commissioner Reyes had some -- Commissioner Reyes: Yes, yes. Commissioner Gort: Amendments. Commissioner Reyes: Thank you, Madam City Attorney. Every time that this item comes up, I been requesting to include additional language, and that additional City of Miami Page 92 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 language, it is included in order to try to prevent by all means predatory booting, and to protect the user -- I mean the consumers; to protect the people. You see, I know there has been abusive booting from some people, and there's some parking lots that people are just chasing -- I mean, just waiting for the person that is parked there in order to place a boot. So 1 want included, as you have received the additional language that 1 want to include, that it says that, "30 minutes prior to mobilizing booting vehicle, the mobilizing booting contractor shall place on the windshield of the vehicle an 8.5 -by -11 -inch notice advising the vehicle is parked on private property, " and that, "The failure to remove it within 30 minutes of the notice being posted on the vehicle shall" -- "the vehicle being immobilized and booted, the time and date of notice have been, written clearly on, the notice. " Okay? Also, I want that -- also to include in a paragraph that it's on -- a blue -- on an unattended parking lot requirements, and also include "operator" over there. "And all unattended lots must use park mobile pay by phone as the exclusive payment system, " you see, "or other payment system that should be permitted, "you see. Also, Number 2 says that "Prior to giving an immobilization booting contractor express instruction to immobilize booted vehicle due to an expired parking session, the unattended parking lot owner or operator must first give user of the parking lot the option to extend the parking session by mobile application, mobile webpage or toll free number for at least 30 minutes before the parking session expires. It shall be unlawful for an immobilization booting contractor to immobilize/boot a vehicle for an expired parking session unless the unattended parking lot owner or operator first alerts the parking lot user via text message that the parking session will expire in 30 minutes, " see. Also, in Number 4, I've said, "Give an express instruction when" -- it reads that,, "The unattended parking lot owners or operators must confirm on an application if a vehicle's license plate has been in the operating system prior to giving express instruction to immobilize or boot a vehicle,, " you see. (UNINTELLIGIBLE). And in Number 4 -- 5, and it says, "The application is not operation " -- "the unattended parking lot owner or operator must pull or print the paid vehicle report. The unattended parking lot owner or operator may then audit the lot and give express instruction to booting immobilized vehicles whose tags are not on the paid list," see. And I included in the last one that said, "8 The unattended parking lot owner or operator must hold a valid permit, certificate of use, and a business tax receipt, in accordance with Section 35-282 of this Code. " I'm trying to include all this language, sir, if you agree with it, in order to protect the consumers, protect the consumers, you see. And I'm not ask -- and I'm not saying that all booting companies, that they, are trying to be predators, but that it had happened, it had happened, and we have to avoid that this happen, and there is abusive booting going on in our city. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: Thank you, Commissioner Reyes. You ve certainly done a deep dive here, and this is some really good in-depth changes that will make it safer and better for our residents, and fair as well. The only one I'm a little concerned about is placing an 8 and a half by 11 piece of paper on every vehicle 30 minutes prior is going to create a lot of potential waste in all the parking lots and around the City every single day, because what people do is when -- even if they're on time or if they're within their 30 minutes, that piece of paper is there, they're just going to take it off the windshield and toss it into the parking lot. Commissioner Reyes: Okay. Vice Chair Russell: I understand what you're trying to achieve with this, and I really appreciate the idea of a 30 -minute warning of some sort, but most people aren't City of Miami Page 93 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 going to come within -- They're going to show up when they show up. The app. is excellent to give a 30 -minute warning. This one, I'm just a little concerned about the waste. Commissioner Reyes: Well, this is for those --probably they don't have the app., but if they will notify, the person that is parked prior to being booted and give them time to get there, or they -- give them the ability to extend the time they've been parked. Vice Chair Russell: What about just a simple 30 -minute grace period? And that person, when they arrive, if they're 15 minutes late, they will not have gotten booted; but if they're 35 minutes late, they will. It's leaving a little on the table for the boater, but it makes it a lot -- you know, things happen; life happens as you're walking around -- Commissioner Reyes: (UNINTELLIGIBLE), yes. Vice Chair Russell: -- and everything, so -- but that would eliminate the need for the paper and the litter. Commissioner Reyes: That will be for attended parking lots, right? Vice Chair Russell: Yes. Commissioner Reyes: The unattended parking lots, they will have to -- Vice Chair Russell: If they have the app -- if they have to have the app., and the app. notifies them, yeah. Commissioner Reyes: They have to have the app., and the whole thing. Vice Chair Russell: And if 30 minutes is too much, you know, a grace period of 15 or 20 minutes is fine, but it gives everyone a little bit of breathing room. Commissioner Reyes: Well, then give them a grace period after the time expired. Vice Chair Russell: Yes, yes. Commissioner Reyes: Okay (UNINTELLIGIBLE). I- -Vice Chair Russell: Could we do that instead of the paper warning? Commissioner Reyes: Just give them an extension of 20 minutes. Vice Chair Russell: 20 -minute grace period will be add to all -- Commissioner Reyes: Grace period after it expired. The person cannot be booted until the 20 minutes grace period expires. Vice Chair Russell: I think that's -- Commissioner Reyes: And if they don't come, well, they deserve to be booted. Vice Chair Russell: -- excellent. I would accept all those amendments; only striking the one mentioning the paper -- the 8 and a half by 11 paper notice; and then adding Commissioner Reyes' amendment about a 20 -minute grace period. And the seconder is -- City of Miami Page 94 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Cort: Yeah. Vice Chair Russell: -- okay with that, as well. Commissioner Carollo: Can I ask the -- Commissioner Reyes if he could possibly be open to adding a minute additional language to his "D" unattended parking lot requirements? And this would be in Line 2. It says, "For purpose of this section, the term 'unattended parking lot' shall mean a privately -owned parking facility. " If we could put after 'privately owned, " "legal parking facility" -- Commissioner Reyes: I do accept, sir. Commissioner Carollo: -- "by City" -- "according to City of Miami Code. " Commissioner Reyes: Yes, sir. I think it's necessary. Vice Chair Russell: Mover accepts. Commissioner Carollo: Because the games that are going on -- Commissioner Gort: Great. Commissioner Reyes: It's necessary, sir. Commissioner Carollo: -- with illegal parking facilities here -- Commissioner Gort: Number 8 takes care of that. Commissioner Reyes: No. Commissioner Carollo: -- is beyond your imagination. Commissioner Reyes: Yes, I do accept it. And as a matter of fact, I thank you for it, because we want all those parking facility, to be within the law. Vice Chair Russell: But Number 8 alreadv has that, right; your Amendment Number 8? Commissioner Gort: Number 8 takes care of that. Commissioner Reyes: Number 8 takes care of all that, but I -- it is at the end. Commissioner Gort: Yeah. Number 8 takes care of that. They have to have a permit and valid. Commissioner Reyes: It says -- at the end, it's included. It said, "The unattended parking lot owner or operator must hold a valid permit, " you see. That's not necessary, but if you want to double -dip on it -- Commissioner Gort: They may (UNINTELLIGIBLE). Vice Chair Russell: It's fine. Commissioner Reyes: It is fine. Vice Chair Russell: It's -- City of Miami Page 95 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: You know why I would want to add it? Because you'd even be surprised of some places out there that are being given valid permits that don't exist; only in the paper we gave them, but they don't meet asphalt requirements; they don't meet drainage; they don't meet lighting; they don't meet shrubbery -- Chair Hardemon: They knock down some houses -- Commissioner Carollo: -- they don't meet the parking lines. Chair Hardemon: -- and they pour a bunch of rocks on it, and they call it a day. Commissioner Reyes. Yes. Commissioner Carollo: Yeah. So -- Chair Hardemon: Okay. Commissioner Carollo: -- what -- again, for the Clerk, what -- where -- it will be in the second line, after it says in the first, 'privately owned, " we'll say "legal parking facilities." We're going to add the word, "legal" after 'privately owned." And then after 'parkingfacilities,"we will add, "under City ofMiami Code." Vice Chair Russell: Mover accepts. My question, just to make sure that this new iteration does have the gross end net total to the hooter will be $50; and then, there will be an annual administrative fee to be determined by the management. Have you got a picture on how that works, or what that looks like at this point? My goal is just that it's not a per-bootprice or fee. Thankyou. I'm ready, to go. Commissioner Carollo: On that aspect, who will determine the administrative fee? Commissioner Reyes: Yes, that's my question. Commissioner Gort: (INAUDIBLE). Commissioner Carollo: Well, Commissioner, I would agree to that if it's brought back and this Commission decides. We're giving up powers that we have to individuals that have not been elected to decide. That should be its deciding what the administrative fee will be. Vice Chair Russell: I've been waiting for this number for a long time, and I don't really know why it's been so hard to calculate. It's -- it should be a factor of, "What do we need to administer the entire operation?" And make sure we're regulating it properly, plus, plus. So if it's a percentage of gross revenue that they make or if it's a per -lot, per -space fee that they manage, I don't care. I would like to know what it is, but I haven't been able to get a number from the Administration, and it's been months and months and months. Commissioner Carollo: I like that percent of gross revenue they get. Commissioner Reyes: But wouldn't that make the hooters more willing to boot? Because that way, the City will be happier. Vice Chair Russell: Well, what I was looking_for -- If I understood right, our costs to administer were about $150, 000 a year, something like that -- Commissioner Reyes: Sure. City of Miami Page 96 Printed on 06/27/201$ City Commission Meeting Minutes May 10, 2018 Vice Chair Russell: -- to have the manpower to be out there and do what we need to do. You know, I'm trying to cover our costs, but not looking to make -- you know. Commissioner Reyes: I have a little question and that -- I cannot be -- I mean, I don't know the -- somebody can answer it. But could -- that $50 will cover all the additional expenses in having -- that we are requiring? Vice Chair Russell: That's -- yes. That's the total amount that would be charged to the customer. And from that amount, they would give to the City -- Commissioner Reyes: And from that amount we are -- Vice Chair Russell: -- (UNINTELLIGIBLE) or a one -time -per -year fee would be. Commissioner Reyes: Okay. But then the fee -- the booter is going to get less than $50. Vice Chair Russell: At the end of the day. I mean, they have all their expenses, they have -- Commissioner Reyes: At the end of'the dav, my question is, does that cover, you see, the hooters? Will that cover for the requirements of having to install the electronic equipment that they need in order to comply with the amendment? Vice Chair Russell: Well, that's the math for the boaters to figure out. Commissioner Reyes: That's -- Commissioner Carollo: Well, that's the price of doing business. Commissioner Reyes: Well, yes, you see. Vice Chair Russell: I -- but I believe what you're asking for should be required, and I don't believe that our residents should pay more than $50. So those two factors are enough for me to make a decision. I don't believe we'll be squeezing the hooters out of the City. I believe that they should be able to operate inn a healthy way, and out- residents urresidents should have access to parking. But I'm hoping their business model is off of, you know, paid tickets versus -- you know. Commissioner Reyes: Well, in only -- in an extreme case, if -- Vice Chair Russell: I'm a little naive there, yeah. Commissioner Reyes: -- let's give them the opportunity that if it is too strict and then they don't -- cannot do business that they can come to the Commission, and we will take their complaints into consideration. Vice Chair Russell: Well, what I'd like to do is have us move this item -- I mean, pass this item today,, and we'll ask her -- the Administration, once they've analyzed, how -- who comes forth now. Now that we have these new requirements and the new fees, they'll get a universe of how many hooters are interested. They can then calculate what they need per company -- Commissioner Reyes: And then, they could back -- come back to us, and we would -- Vice Chair Russell: -- and just come back with us on the fee item. But I really hope we don't have to push this again -- City of Miami Page 97 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Commissioner Reyes: No, no, no. Vice Chair Russell: -- because we need these -- all of the other good stuff in here jor our residents needs to be implemented as soon as possible. Commissioner Carollo: But the decision is going to be made by this Commission. Commissioner Reyes: By this Commission. Vice Chair Russell: Yes. Fair enough. Commissioner Carollo: Okay. Now, could you make it, instead oj'$50, $49.95? Commissioner Reyes: .99. Vice Chair Russell: 1 will accept your amendment. I am a -- Commissioner Reyes: 49.99. Vice Chair Russell: -- proponent of'psychological pricing; fair enough. It'll make math d ficult for the -- Chair Hardemon: So I have a question, Madam City Attorney. When you have a properly owner who wants to implement booting on his property, what., within this document, would discourage either the property owner or the booting company from participating with booting on that site? Ms. Mendez: I don't believe I know the market analysis well enough to be able to answer that, and I apologize. Chair Hardemon: Not necessarily in the market, but I just want to -- and I can't remember the exact thought that I had before, and these things change so often, right? So I'm digging through it, looking for what I saw before, but (UNINTELLIGIBLE). Vice Chair Russell: What was the question? Chair Hardemon: Effectively, the problem that I have is in the Wynwood area, an area that we share, Commissioner. We've noticed that a lot of properties have been demolished, and they're using those properties as parking lots, right? I know that the City of Miami -- and that's why Commissioner Carollo was smart enough to say that we want those lots to be in accordance with the Code, because our new lots that are strictly for parking now have certain drainage, certain lighting, certain distance, certain signage requirements. And so, what I don't want to see is the further demolition of properties for them to put some cheap rocks and then park people on there, and then you have towing companies or booting companies come and make money, off of that. So I just don't want to see any illegal booting. So I just want to erasure that there's language that will protect not only our residents, but visitors, et cetera, and really, crack down on this creation of these parking lots for booting that don't meet the standard that we require here in the City of Miami. Ms. Mendez: So illegal parking lots, they can be found throughout the City appropriately through Code Enforcement or just checking which ones are legal parking lots versus which ones aren't, and that should be a part of the enforcement mechanism that's established right now, and the Administration can speak to that. City of Miami Page 98 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 But I understand your concern. You would have to have a legal parking lot before this is implemented. Chair Hardemon: How much money do you think would gener -- well, how much money do you think this would generate for the City of Miami? You think it'd be a number that's de minimis, or do you think it'd be a dollar amount that is something that's worthy of its to consider on this board? Ms. Mendez: And so, there are numbers people to my left that would have to answer that, because 1 went to law school; not finance and accounting, or booting school. Commissioner Carollo: But did they teach you how to do billing for legal fees, right? Commissioner Gort: Make that balance the number -one lesson. Christopher Rose (Director, Office of Management and Budget): Good afternoon. Commissioner Gort: The minute you pickup that phone, you hit the clock. Mr. Rose: Good afternoon, Commissioners. Chris Rose, Office of Management and Budget. Right now, we're generating about $340, 000 a year, total. Commissioner Carollo: Well, there's that chicken feed, but then again, it was based upon -- what? -- $899 Chair Hardemon: You said 340, 000, approxi --? I was -- Mr. Rose: Yes, sir. Commissioner Carollo: Yeah. Chair Hardemon: Right. Mr. Rose: Based on -- that's just the $26, the administrative piece. Commissioner Carollo: Right, but it was based on a fee of -- what? -- $89, total -- Mr. Rose: Yes, sir. Commissioner Carollo: -- that people were being charged? So -- Mr. Rose: But only 26 of it coming to the City -- Commissioner Carollo: Right. Mr. Rose: -- out of that 89. Commissioner Carollo: So that's 39 less that people would have to pay, and, you know, while it's not the price of a parking ticket, it's considerably less than being towed. Mr. Rose: That's true. Vice Chair Russell: I hope -- it's my hope that we're not making money on this; that every dime we make in the administrative fee that we put back into enforcement,* that we really take care of these lots. That's the goal. City of Miami Page 99 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: Is that what (UNINTELLIGIBLE) law? Is that what (UNINTELLIGIBLE) law, that you have a fee? Commissioner Carollo: As long as that's not your philosophy on everything else. Vice Chair Russell: Oh, no; just on this one. Commissioner Carollo: Okay. Vice Chair Russell: Just on this one. Chair Hardemon: I know that the administrative fee that we collect -- or that we administer has to be associated with the cost of running the actual program. Mr. Rose: Yes, sir. Chair Hardemon: So I guess that would zero each other out, right? Mr. Rose: Yes, sir; between direct and indirect, so enforcement, back office, and indirect costs, yes. Chair Hardemon: Okay. So there isn't a profit that's made from it, from the City, of Miami's perspective? Mr. Rose: No, sir. Chair Hardemon: Just checking. Thank you very much. Is there any further discussion on this? Commissioner Reyes: No, sir. Chair Hardemon: Seeing none, all in favor of the item, as amended, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Todd B. Hannon (City Clerk): As amended. Vice Chair Russell: We have a booting ordinance? Did we just do that? Chair Hardemon: I think so. Vice Chair Russell: Wow. That was a long time coming. City of Miami Page 100 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 SR.2 ORDINANCE Second Reading 3350 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 18/ARTICLE IX/DIVISION 2 OF THE CODE OF THE Finance CITY OF MIAMI, AS AMENDED ("CITY CODE"), ENTITLED "FINANCIAL INTEGRITY PRINCIPLES," MORE SPECIFICALLY AMENDING THE INTEGRITY PRINCIPLES, THE RESERVE POLICIES, THE MULTIYEAR CAPITAL IMPROVEMENT PLAN, THE BASIC FINANCIAL POLICIES, AND EVALUATION COMMITTEES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13767 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: SR.2, could you read it into the record? Victoria Mendez (City Attorney): SR.2. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gort: Move it. Chair Hardemon: It's been properly moved. Is there a second? Vice Chair Russell: Sure, second. Chair Hardemon: Properly moved and seconded to approve SR.2. Any further discussion? Hearing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 101 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 SR.3 ORDINANCE Second Reading 3701 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 2/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, Attorney FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/OFFICERS," BY RENUMBERING AND UPDATING LANGUAGE CONCERNING THE CITY MANAGER, CITY ATTORNEY, INDEPENDENT AUDITOR GENERAL, AND CITY CLERK TO COMPLY WITH CURRENT LEGAL STANDARDS AND PRACTICES; ESTABLISHING A NEW SECTION 2-65 OF THE CITY CODE, ENTITLED "PUBLIC RECORDS'; DELETING IN ITS ENTIRETY CHAPTER 2/ARTICLE III/SECTION 2-89 OF THE CITY CODE, ENTITLED "ADMINISTRATION/OFFICERS/SEVERANCE PAY FOR EXECUTIVE EMPLOYEES'; DELETING IN ITS ENTIRETY SECTION 2-143 OF THE CITY CODE, ENTITLED "CITY ARCHIVES AND RECORDS MANAGEMENT PROGRAM"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes Note for the Record. Item SR.3 was deferred to the June 28, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item SR.3, please see "Order of the Day. " END OF SECOND READING ORDINANCES City of Miarni Page 102 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 FR - FIRST READING ORDINANCES FRA ORDINANCE First Reading 3674 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, Attorney FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION," BY UPDATING LANGUAGE TO COMPLY WITH CURRENT LEGAL STANDARDS AND PRACTICES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: FR.1. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby, Min. Barnaby, Min (Deputy City Attornev): This is an. ordinance -- a clean-up ordinance to ensure the language is consistent with the current standards and practices that the Commission follows. Chair Hardemon: Is there a motion to approve? Commissioner Carollo: Move. Chair Hardemon: Been properly moved; seconded by the Chair. Any further discussion? Hearing none, all in. favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 103 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 FR.2 ORDINANCE First Reading 3719 TO BE DEFERRED Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor CHAPTER 36/SECTION 36-9 OF THE CODE OF THE CITY OF AYES: MIAMI, FLORIDA, AS AMENDED, ENTITLED "NOISE/OFF-STREET ABSENT: FREIGHT AND COMMERCIAL DELIVERY HOURS PILOT Note for the Record. Item FR.2 was deferred to the June 14, 2018, Regular PROGRAM"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes Note for the Record. Item FR.2 was deferred to the June 14, 2018, Regular Commission Meeting. For minutes referencing Item FR.2, please see "Order of the Day." END OF FIRST READING ORDINANCES City of Miarni Page 104 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 RE - RESOLUTIONS REA RESOLUTION 2474 A RESOLUTION OF THE MIAMI CITY COMMISSION RENAMING THE CITY OF MIAMI'S POLICE TRAINING FACILITY, CURRENTLY Department of REFERRED TO AS THE MIAMI POLICE COLLEGE, LOCATED AT Police 400 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, THE "JOHN F. TIMONEY POLICE COLLEGE"; DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THE RENAMING OF SAID FACILITY. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes Note for the Record: For minutes referencing Item RE.], please see "Order of the Day. " City of Miarni Page 105 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 RE.2 RESOLUTION 3811 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), RECOMMENDING TO THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ITS APPROVAL OF Planning THE STATE HISTORIC PRESERVATION OFFICE'S NOMINATION TO ADD THE BACARDI BUILDING COMPLEX ("BACARDI COMPLEX") TO THE NATIONAL REGISTER OF HISTORIC PLACES AS THE BACARDI COMPLEX MEETS NATIONAL REGISTER CRITERIA C: THE PROPERTY EMBODIES THE DISTINCTIVE CHARACTERISTICS OF A TYPE, PERIOD, OR METHOD OF CONSTRUCTION IN THE AREAS OF ARCHITECTURE AND ART, AS THE BUILDINGS ARE LOCALLY SIGNIFICANT EXAMPLES OF THE INTERNATIONAL STYLE OF ARCHITECTURE, WITH UNIQUE ARTISTIC FLAIRS WHICH DISREGARD SOME OF THE FUNDAMENTAL TENETS OF THE STYLE; AND NATIONAL REGISTER CRITERIA CONSIDERATION G: THE PROPERTY IS LESS THAN FIFTY (50) YEARS OF AGE AND, WHILE THE BACARDI COMPLEX WAS CREATED IN 1963, THE ADMINISTRATION BUILDING WAS CONSTRUCTED IN 1973, BUT CONTRIBUTES TO THE SIGNIFICANCE OF THE COMPLEX BECAUSE IT FOLLOWS MANY OF THE SAME DESIGN PRINCIPLES AND INFLUENCES AS THE ORIGINAL PARTS OF THE BACARDI COMPLEX AND DOES NOT DETRACT FROM THE RESOURCE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes Note for the Record. Item RE.2 was deferred to the July 26, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item RE.2, please see "Order of the Day." City of Miarni Page 106 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 RE.3 RESOLUTION 3883 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset NEGOTIATE AND EXECUTE A LEASE AGREEMENT Management ("AGREEMENT") IN A FORM ACCEPTABLE TO THE CITY ABSENT: ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND 3401 FUSTAN LLC, A FLORIDA LIMITED LIABILITY CORPORATION, FOR THE USE OF APPROXIMATELY 7,200 SQUARE FEET OF OFFICE SPACE LOCATED AT 3401 NORTHWEST 7TH STREET, MIAMI, FLORIDA BY THE CITY'S FIRE -RESCUE DEPARTMENT ("FIRE") FOR THE OPERATION OF ADMINISTRATIVE OFFICES AND A WELLNESS CENTER FOR FIRE, KNOWN AS THE MIAMI FIREFIGHTER HEALTH & WELLNESS CENTER, WITH A MONTHLY RENTAL FEE OF $13,200.00 ($22.00 PER SQUARE FEET) FOR A PERIOD OF FIVE (5) YEARS WITH, TWO (2) ADDITIONAL FIVE (5) YEAR OPTIONS TO RENEW; ALLOCATING FUNDS FOR YEAR ONE (1) FROM THE COMPREHENSIVE CANCER PREVENTION PROGRAM, PROJECT NO. 40-B70184, WITH FUTURE FUNDING TO BE ALLOCATED FROM SOURCES TO BE DETERMINED FOR THE FOLLOWING YEARS AND SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes Note for the Record. For minutes referencing Item RE.3, please see "Order of the Day. " City of Miarni Page 107 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 RE.4 RESOLUTION 3864 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED ON Public Works OCTOBER 10, 2017 PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 763388 FROM CONDO ELECTRIC MOTOR REPAIR CORP., A FLORIDA PROFIT CORPORATION ("CONDO ELECTRIC"), THE RESPONSIVE AND RESPONSIBLE PROPOSER RECOMMENDED FOR AWARD, TO PROVIDE CITYWIDE STORMWATER PUMP STATION MAINTENANCE AND REPAIR SERVICES ON AN AS -NEEDED CONTRACTUAL BASIS FOR AN INITIAL TERM OF THREE (3) YEARS WITH TWO (2) ADDITIONAL TWO (2) YEAR OPTIONS TO RENEW; ALLOCATING FUNDS FROM THE PUBLIC WORKS DEPARTMENT ("PUBLIC WORKS"), SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL, AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI- DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes Note for the Record. For minutes referencing Item RE.4, please see "Order of the Day." City of Miarni Page 108 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 RE.5 RESOLUTION 3978 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Department of THE BIDS RECEIVED ON MARCH 27, 2018 PURSUANT TO Public Works INVITATION FOR BID ("IFB") NO. 781382 FOR CITYWIDE AYES: SIDEWALK REPAIR AND REPLACEMENT SERVICES FOR THE ABSENT: PUBLIC WORKS DEPARTMENT ("PUBLIC WORKS"), ON AN AS NEEDED BASIS, WITH GPE ENGINEERING AND GENERAL CONTRACTOR CORP. ("GPE") AS THE SOLE VENDOR FOR GROUP 1: FEDERALLY FUNDED PROJECTS ("PROJECT"); WITH GPE AS THE PRIMARY VENDOR, AND METRO EXPRESS, INC. ("METRO EXPRESS") AS THE SECONDARY VENDOR FOR GROUP 2: NON -FEDERALLY FUNDED PROJECTS, FOR AN INITIAL TERM OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL TWO (2) YEAR PERIODS, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. B43114 AND OTHER FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGET APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0191 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Chair Hardemon: All right. So what we're going to do now is we're going to try to move through this agenda. Commissioner, I know we had a public hearing item, PKS, that was with your district; the transfer of CDBG (Community Development Block Grant) dollars for Jose Marti and Riverside Parks. Commissioner Carollo: Okay. Chair Hardemon: Do you want to address that item? Commissioner Carollo: Yes, I do. If I could have someone.from my office come in, because I don't know if'Parks -- the Parks Director is here, also? Chair Hardemon: Okay. While he is doing that, is there a motion to approve RE.5; accept the bid for sidewalk repair and replacement services? City of Miami Page 109 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Hold on. RE.5? Chair Hardemon: Yes; including RE. 7, certification of declaration of results, Civil Service Board election. We can do those, right? Commissioner Carollo: Yeah. RE.5 is fine. I'll make -- Chair Hardemon: 5 and 7? Commissioner Carollo: 5, and let me just glance at 7. Yeah, 5 and 7. Chair Hardemon: 5 and 7. Commissioner Carollo: Yeah. Chair Hardemon: 5 and 7. Commissioner Carollo: Yeah. Chair Hardemon: Now we're going to -- we can -- Commissioner Gort: RE.5. Chair Hardemon: RE.5. Commissioner Gort: (INAUDIBLE). Chair Hardemon: No. We're just approving -- we will approve it now if there's a motion; RE.5 and RE. 7. RE.5 is to accept the bid for sidewalk repairs and replacement services. Commissioner Reyes: Are we having now our appointments for the board? Chair Hardemon: We will, but not -- that's not what this is right now. Commissioner Reves: Okay. Because I'm seeing this. Chair Hardemon: So the question, is there a motion to approve RE.5 and RE. 7? Commissioner Gort: Including RE.5 as it is? Chair Hardemon: It could be changed. I mean, I don't -- Is there a issue with RE.5 that I don't -- that I'm not aware or Commissioner Gort: RE.5 and RE. 7, I'll move it. Chair Hardemon: It's been properly moved, and seconded by the Chair; to approve RE.5 and RE. 7. Commissioner Reyes: Second. Chair Hardemon: Anv further discussion on RE.5 and RE. 7? Commissioner Reyes: Second. Chair Hardemon: Hearing none, all in favor of the item, say "aye. " City of Miami Page 110 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes; RE.5, RE. 7. RE.6 RESOLUTION 4049 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING Office of the City AND RATIFYING NUNC PRO TUNC THE ADDITION OF BICON, Attorney INC., DOING BUSINESS AS S & S NATIONAL WASTE, INC., A AYES: FLORIDA PROFIT CORPORATION ("BICON"), AS A FRANCHISEE NAYS: UNDER THE CITY OF MIAMI ("CITY") NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT DATED JULY 1, 2016, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 495344, IN RESPONSE TO THE CITY'S NEED FOR ADDITIONAL QUALIFIED VENDORS TO PROVIDE AND MAINTAIN THE SAME LEVEL OF COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN THE CITY, FOR AN INITIAL TERM OF FIVE (5) YEARS, WITH THREE (3) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort NAYS: Carollo, Reyes Note for the Record. For additional minutes referencing Item RE. 6, please see "Public Comment For Regular Item(s)." Chair Hardemon: Okay. Now were -- we find ourselves coming to the RE. 6. Madam City Attorney, you want to present as with this RE. 6 item? Victoria Mendez (City Attorney): Well, on this item, I believe that Mr. Prieguel was going to make an announcement on the record; otherwise, if he does not make that announcement, I ask you -- for you to pass this item, but let's see what he says. Manny Prieguez: I'm back. Commissioner Carollo: Tell everybody you're back. Okay, Manny Mr. Prieguez., Mannv Prieguez, 4000 Malaga Avenue, Miami, Florida 33133. As I mentioned earlier in the day, this item has to do with some legal proceedings that are going on. And as the City Attorney had mentioned, we did, in fact -- Eastern Waste and Great Waste did, in fact, sue the City, because we felt that we were wronged by the City. The last suit has basically three different points to it, and one of the points of the lawsuit deals with damages. And we certainly felt that, because of the wrong that we experienced, we would be entitled to damages for what the City did. So in light of the item that's been presented today for passage, I spoke with your City Attorney, and we proffered that in lieu of not moving forward with this resolution, we would drop the portion of the lawsuit that deals with the damages. So we move.forward with the lawsuit; we have a judge judges it on its merits, up or City of Miami Page 111 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 down; and if the City loses, you don't lose any money, because we will have removed the damages portion from the lawsuit. And so, that's what we've proffered. She has agreed to it. We shook hands on it, as a matter of fact, and -- Ms. Mendez: With -- Commissioner Gort: Documents, documents. Ms. Mendez: -- shaking hands, does that mean that tomorrow, your clients will be filing a motion to dismiss, with prejudice, on this count? Because that is what 1 would need -- Mr. Prieguez: Yes. To -- Ms. Mendez: -- in order to avoid the City having any tvpes of damages. Mr. Prieguez: So long as the item that is before you now, RE. 6; so long as that is deferred indefinitely, and does not come up, tomorrow, the damages portion of that lawsuit will be withdrawn, with prejudice. Ms. Mendez: Okay. Mr. Prieguez: Period, end of story. Ms. Mendez: All right. So if that is the case, then I'm fine with not having the Commission have to address this matter. Commissioner Gort: Move to defer. Chair Hardemon: The Commission wants to defer this item to the next agenda meeting, just in case? Commissioner Carollo: I'd like to -- Mr. Prieguez: Mr. Chairman, if I could just say, something? When I tell you -- Commissioner Carollo: Manny -- Mr. Prieguez: -- that this will be dropped -- Commissioner Carollo: -- Manny -- Mr. Prieguez: -- it will be dropped. Sorry. Chair Hardemon: Commissioner Carollo. Commissioner Gort: It's on the record. Mr. Prieguez: It's on the record. Commissioner Carollo: You're not the one filing the lawsuit. Mr. Prieguez: My client is.filing the lawsuit -- Commissioner Carollo: That's correct. Mr. Prieguez: -- and he has given me permission to -- City of Miami Page 112 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Yeah, but you don't -- Mr. Prieguez: -- make that statement. Commissioner Carollo: -- have the authority to drop the lawsuit, either. Mr. Prieguez: The -- my client has given me the authority -- Commissioner Carollo: But you don't have -- Mr. Prieguez: Okay. So if it doesn't happen, tomorrow, you bring it back in two weeks. Commissioner Carollo: Well, Madam City Attorney, I don't like doing business this way, with a gun to my head, per se. Usually, when this is done, you know, I act differently. But do we have any real jeopardy in the portion that they're dropping? Give me percentages, in your tnind. Ms. Mendez: Right. So as you know, we never really can predict any type of lawsuit, and anything is possible. Commissioner Carollo: Oh, I absolutely know. Ms. Mendez: I would rather be confident in having zero damages toward the City, based on a dismissal, with prejudice, of the count having to do with damages against the City than to ask you all to confirm something; and then, we move on to summary judgment, and I cannot have a definitive determination on the merits, because a judge could do something else. But maybe if -- and I see why your big concern. Since we will be here for a little while longer, is there any way that you can have the attorney send me the -- Mr. Prieguez: Absolutely. Ms. Mendez: --dismissal? Mr. Prieguez: Absolutely. Ms. Mendez: And then I have -- because I see what the Commissioner is worried about, because you are not -- Mr. Prieguez: I will have the attorney email your City Attorney that this will be dismissed -- the portions of the damages will be dismissed, with prejudice, in less than one hour. And I think you're going to be here for another hour, at least. Commissioner Gort: Definitely. Mr. Prieguez: Okay? Ms. Mendez: Does that work? Commissioner Carollo: I understood what You told me. I wanted to hear some little different percentages, but I understand. Ms. Mendez: Thank you. Mr. Prieguez: Thank you. City of Miami Page 113 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: You then wash your hands, right afterwards? Chair Hardemon: Cold-blooded. The -- so I guess -- Commissioner Gort: We keep turning this corner here. Chair Hardemon: -- so R6 [sic], we're just passing it for now. Is that what we're doing for now? Commissioner Gort: He keep bringing it -- Ms. Mendez: Yes, Chairman. Chair Hardemon: All right. Now, the only items that are left on the RE (resolution) agenda -- oh, I'm sorry. We have the -- let's do this: Let's get to our midyear budget amendments. Commissioner Reyes: Oh, yes. I have questions about that. Chair Hardemon: So -- Commissioner Carollo: Well, consider any -- Chair Hardemon: --we're moving onto RE.23 and RE.24. Commissioner Carollo: -- is there anything, Chairman, that people are here for that we could get out of the way quickly? Because -- Chair Hardemon: I don't think so. I mean -- Commissioner Carollo: -- some of this other stuff might take a little longer. Chair Hardemon: I don't think so. I think we've done everything, except our boards and committees. From RE.10 to RE.21 is ballot language; 23 and 24 is budget. Commissioner Reyes: Yep. Chair Hardemon: I think that's what we're left with, so -- Vice Chair Russell: Did we officially table this last item -- Chair Hardemon: -- I think we just -- Vice Chair Russell: -- for an hour? Chair Hardemon: Yeah, until we get to it. Commissioner Reyes: That's for an hour. Chair Hardemon: Yeah. Later... Ms. Mendez: Thank you, Chairman. I'm fine with indefinitely deferring RE. 6. I received an email communication from Mr. Jonah Wolfson, who is the attorney for the plaintiff. City of Miami Page 114 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: Right. Ms. Mendez: And they are agreeing to dismiss, without -- with prejudice, their damages claims against the City, and not -- also dismiss any -- or waive any attorney's fees requests, as well. So I am comfortable that that is a very good resolution for the City. Vice Chair Russell: Do you need a motion for it? Chair Hardemon: I do so. Vice Chair Russell: I'll move it. Chair Hardemon: It's been properly moved, and seconded by the Chair. Commissioner Carollo: 1 think you got the other side -- Chair Hardemon: Oh, yeah. Rosario Kennedy: Mr. Chairman, don't forget about me. Rosario Kennedy, Commissioners, with offices at 2645 South Bayshore Drive, in the City of Miami. With me is Bicon's president., Sheldon Mickelson. Don't you see that they don't have a case? The City Manager did the right thing. The City Manager had the discretion to add another company to the f •anchise agreement. So what I'm hearing tonight is that this was never about money. This was never about collecting damages. This was about excluding my client from the franchise agreement in the City of Miami. You still have to go to court. You still have to try this case. 1'd like Mr. Mickelson to say a few words, also. Sheldon Mickelson: Sheldon Mickelson, from 1060 Skees Road, West Palm Beach, Florida. 1 know it was -- I really appreciate you guys opening the door up. We did go through all the legal processes to get our license. It wasn't -- the City Manager didn't give us anything. We went through RFQ (Request for Qualifications). We did everything according to books. And our competitors have been trying to take its out of business since they started, actually. It goes way back, and I don't know why. I guess -- but that's besides the point. So we just was hoping that you guys could make the decision, because I know you guys were sued, and then they sued us. And I know you guys did everything legally and -- to give us our license. And we were -- I was hoping that this could end the lawsuit, because -- by you guys voting on it, on this resolution. That's -- that was my desire so -- limit it for everybody. Chair Hardemon: Madam City Attorney, what is the -- what changes if we voted for the resolution, as you had it? Ms. Mendez: If you vote for the resolution, then I believe that the deal that we reached with the plaintiffs would not be valid. So I'm truing to -- Unfortunately, there's two things. Chair Hardemon: The deal they (UNINTELLIGIBLE). Ms. Mendez: When I brought this before you, I was trying to get a better position for the City in a motion for summary judgment, in order to try to moot out a claim. Again, that had to go before the judge. There's going to be a hearing, and I don't know what, at the end of the day, the decision of the judge will be. At this point, what am I trying to resolve? It's any damages and attorney's fees that the plaintiff may have against the City of Miami. By them dismissing those claims against the City of Miami Page 115 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 City with regard to anv damages and attorney's fees, I'm getting what I want for the City, and a result for the City that I could not be able to guarantee if I just went forward with the summary judgment motion. Chair Hardemon: But with passing this resolution, isn't it your opinion that it's going to help Vicon [sic]? Passing this resolution, will it help? Ms. Mendez: The problem isn't -- Unfortunately, 1 don't care how it helps anyone else, because I'm just looking at the liability for the City. So right now, 1 get a guaranteed results. I did not have the guaranteed results before. Commissioner Carollo: But aren't we opening up ourselves to another lawsuit from them? Ms. Mendez: I don't want to comment on that -- Commissioner Carollo: Well -- Ms. Mendez: -- but unfortunately -- Commissioner Carollo: -- this is what Tin saying, also. Ms. Mender: --I need to deal with the lawsuit that I have in front of me. Commissioner Carollo: Yeah, but it's a lawsuit that, like I said before, is to put a gun to our heads that has very, very, very little merit. Chair Hardemon Well, 171 tell you, I mean, before we came to this posture, and before the Manager made his conclusion to add Vicon [sic] to the list, there was lots of public hearings; there was many opportunities for the plaintiff to make comment. He objected at that time. The Manager did make his decision. 1 mean, I was there. I sat there through all of the different meetings. And so, you know, people sue; that's what they do. So, you know, if my City Attorney wants us to indefinitely defer it, then I'll vote in that fashion. And then, you know, we'll deal with things as they come. As long as this -- Vicon [sic] still has the opportunity to make money, they're not -- Commissioner Gort: They can continue to operate. Chair Hardemon: Yeah, they can continue, right. So they're not forbidden from operating within the City of Miami. So I'll just let them keep doing= that until we come up with a decision. We want to know if we made the right decision. We believe that we did. I think all of us were there, Mr. Nunez, et cetera, so we'll move forward with that in mind. So seeing no further discussion, all in favor of the motion to indefinitely defer, say "aye. " Vice Chair Russell: Ave. Chair Hardemon: All against? Commissioner Carollo: No. Chair Hardemon: Motion passes. Mr. Prieguez: Thank you very much, Commissioners; appreciate it. Vice Chair Russell: What was the --? I'm sorry, I missed it. City of Miami Page 116 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Cort: "Aye, " 4-1. Chair Hardemon: 3-2? You said, "no, " as well? Commissioner Carollo: 3-2. Chair Hardemon: Okay. RE.7 RESOLUTION 3783 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of the City ATTACHMENT(S), OFFICIALLY CONFIRMING THE CITY CLERK'S Clerk CERTIFICATION OF THE DECLARATION OF RESULTS OF THE CITY OF MIAMI CIVIL SERVICE BOARD ELECTION, HELD ON APRIL 19, 2018, AND APRIL 20, 2018. ELECTED REPRESENTATIVE: SEAT REPRESENTED: ULYSSES GARCIA SEAT NO. 1 WILBUR M. JACKSON, JR. SEAT NO. 2 ENACTMENT NUMBER: R-18-0192 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. For minutes referencing Item RE. 7, please see Item RE.5. City of Miami Page 117 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 RE.8 RESOLUTION 3968 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), DIRECTING THE CITY ATTORNEY TO Estate and Asset PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF Management MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR CONSIDERATION AT THE REFERENDUM SPECIAL ELECTION SCHEDULED FOR AUGUST 28, 2018, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE - GENERALLY," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND APPROVE AN AMENDED AND RESTATED LEASE WITH HYATT EQUITIES, LLC, TO EXTEND THE CURRENT LEASE TERM TO A TOTAL OF NINETY-NINE (99) YEARS, TO EXPAND THE LEASED PREMISES TO INCLUDE THE LAND UPON WHICH THE CONVENTION CENTER IS LOCATED AND AMENDING THE PARKING AGREEMENT, WITH AN ANNUAL BASE RENT PAYABLE TO THE CITY OF MIAMI ("CITY") OF AT LEAST TWO MILLION DOLLARS ($2,000,000.00), PLUS ADDITIONAL PROFIT PARTICIPATION RENT FOR OTHER USES, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS, TO BE REDEVELOPED PURSUANT TO A COMPREHENSIVE REDEVELOPMENT MASTER PLAN, INCORPORATING THE JAMES L. KNIGHT CONVENTION CENTER LAND, REQUIRING CITY COMMISSION APPROVAL. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item RE.8 was deferred to the May 24, 2018, Planning and Zoning Commission Meeting. For additional minutes referencing Item RE.8, please see "Public Comment For Regular Item(s)" and Item RE. 9. Chair Hardemon: (INAUDIBLE) Commissioners will join us. Let's bring our attention to the Hyatt item. Mr. Rotenberg, tell us where we are with the Hyatt item. So this would be -- Daniel Rotenberg (Director, Public Facilities): Get to it. Chair Hardemon: -- there's a lot of things on the agenda. Barnaby Min (Deputy City Attorney): RE.8 and 9. Chair Hardemon: RE.8 and 9? Right. So RE.8 and 9. Mr. Rotenberg: RE.8 and 9. Chair Hardemon: RE.8 is a direction and RE.9 is a Charter amendment. City of Miami Page 118 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Mr. Rotenberg: RE.9 is the ballot language; RE.8 is the actual item; the City Attorney prepared amendment to the Charter. We're good to go? Chair Hardemon: Please, go ahead. So help us understand where we are with RE. 8. Mr. Rotenberg: Well, right now, we're going to have the architect set up the conceptual drawings, but as it stands right now, the Hyatt, along with the James L. Knight Center, is a lease that is going to be rewritten and given over to Hyatt. Hyatt's going to redevelop their hotel. We're going to have two towers, possibly, at this point, alongside, with residential, office, mixed use, parking; redesign the area so the traffic flow is different, and redo our financial structure, so we are not managing the James L. Knight at this point anymore. Let them use it to go vertical so the Citv can increase the revenues at the site and have an iconic hotel and residential complex. Chair Hardemon: Will you still have a performing center, such as the James L. Knight Center? Mr. Rotenherg: The James L. Knight Center is currently performing, but in the last few years, the average -- Chair Hardemon: No, no, no -- Mr. Rotenberg: -- operating income has been about $43,000 a year. Chair Hardemon: -- what I mean by that is, will there still be a facility in this development that will include spaces where people can go for entertainment? Vice Chair Russell: Concert. Chair Hardemon: A concert. Mr. Rotenberg: Yes, sir. There will be approximately 150,000 square feet of meeting room, which is the new word for "convention. space, " instead of having the James L. Knight Center. Yes. Vice Chair Russell: But no concert hall? Chair Hardemon: But no concert --? Mr. Rotenberg: No concert hall; just flat space, meeting rooms. Chair Hardemon: Let me ask you a question. I've never seen -- maybe it can be done -- I just haven't seen any of these sorts of performances that we have in the past in a meeting room space. Vice Chair Russell: They could be eliminating it. Chair Hardemon: So we -- so, in jact, we would not be able to have concerts. We have a -- currently, right now, I know we have evervthing from comedy shows to musical concerts to plays, acts, things of that nature, at the James L. Knight Center. You're saying that we won't have that included? Mr. Rotenberg: That'll change. We -- I mean, we've been to a lot of the -- I've been to certain real estate seminars there or taken tests there. The rooms that most of it City of Miami Page 119 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 goes on are just flat space rooms. There's no -- I haven't been to many of the shows at the auditorium there. But that auditorium seating, the angled seating will be gone from the site. It seems like that's being phased out. Chair Hardemon: So 1 wonder where -- medium-sized concerts, where do they go? Will they go to another concert hall? Will they go to Miramar? Mr. Rotenberg: Miami Marine Stadium, if things work out well; Gusman; Artime; Little Haiti Cultural Center. Chair Hardemon: But all of those are extremely small. How many ft in the current theater space now, James L. Knight Center? Mr. Rotenberg: Around 4, 000. Chair Hardemon: Right. 1 mean -- Mr. Rotenberg: So, I mean, new Miami Marine Stadium, if' it does get redesigned, the way it is, it is going to be -- Chair Hardemon: How many seating spaces in the Miami Marine Stadium? Vice Chair Russell: 6,500. Chair Hardemon: Oh, it's 6,500? Mr. Rotenberg: Six -- it's 60 -- it's about 6, 000 right now. When it gets redone, it'll be about 5, 000. Vice Chair Russell: Okay. Nice. Chair Hardemon: Okay. Vice Chair Russell: Thank you. Commissioner Gort: How many in the Artime? Unidentified Speaker: 800 is -- Mr. Rotenberg: Artime has 800 spaces right now, and we're redoing the seats, windows on the site, also. Commissioner Reyes: Sir -- if I may, Chairman? Chair Hardemon: Okay. Commissioner Reyes: Is the Knight Center, is it profitable or it's costing us money? Mr. Rotenberg: Right now it's averaging a net operating income to the City annually of about $43, 000 a year, so it's -- Commissioner Reyes: This is new, because usually, it was not -- I remember back -- few years back, I did a feasibility analysis of it, and it was always -- it was a losing proposition. We were always paying money for it. Mr. Rotenberg: Its -- correct. It's not really making a lot of money for us. It's a nebulous amount. City of Miami Page 120 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Reyes: Okay. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: Thank you. I'm sure there's going to be plenty of discussion and perhaps amendments on this item, but I'm open to moving it at this point to start the ball rolling. Commissioner Reyes: Second. Chair Hardemon: It's been properly moved and seconded that we approve the item, as written within the agenda. Unidentified Speaker: (INAUDIBLE). Mr. Rotenberg: Yes. Chair Hardemon: This is RE.8, correct. I know we have further discussion, and I know they want to make a quickpresentation; is that what it is? Mr. Rotenberg: I think the architect and Hyatt would like to. Brian May: Mr. Chairman, Brian May, with offices at 235 Catalonia Avenue, in Coral Gables, representing the Hyatt. I'm here todaywith Tiffany Donato, with the Hyatt Corporation, and also Kobi Karp. I think the first thing that we would like to do is -- Under the package that is before you, there are developer guidelines, which are attached to the item, and lay out a number ofprinciples in terms of redeveloping the site, in working with your staff and talking, actually, with some of you, as Commissioners, which have been developed over the last few months. And what we'd like to give you is what the initial concept drawings and designs have been from Kobi Karp, so you'll have a sense or feel of what's trying to be accomplished on the site. So with that, I'll turn it over to Kobi, and we can walk through that and take it from there. Kobi Karp: Thank you. So good afternoon. My name is Kobi Karp, and what I would like to do is -- Chair Hardemon: So you are "the" Kobi Karp? Mr. Karp: The one and only. Chair Hardemon: Okay. It's a pleasure to have met you, sir. Mr. Karp: Yes. So basically, Hyatt has a site which is in a very key location right here, and we have a great opportunity -- because we're right on the river and we're right on Brickell, and we're kitty-corner from where the Miami Circle is -- to create a destination that is greater than what we are, which is more of a green space and a park square that can be accessible by the community. Matt, can you go to the next image? We have a few images to show you on the screen, as well, so that you can see it. But in essence, what we have is we've created an opportunity for people who live in the neighborhood, whether it's on Flagler or -- to come across the Brickell Bridge. And we have four plus acres here to play with, and what -- we thought it would be an opportunio, to bring people who can use it for community, -- next image will be good; there it is -- where people can come from the community and really use City of Miami Page 121 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 the space for multi purposes. We've met with some folks who want to create a place where people could congregate. This is also where people come to Miami and start off their walks, and they get the historic expeditions through, the City of Miami. This is where people, on Saturday and Sunday, can come and have a market; they can do yoga; they can congregate; they can have outdoor seating; they can have basically a town square with a park function, and that's what we are showing here. So what we did is we raised the building about 45, 50 feet high in the air so that you can see right through. And what you see is the bridge with the Tequesta statue, and then you see the gatekeeper right there, while there are multi-levels of approaches to it, and really create an open space. We have actually even went further, and as you drive on Brickell Avenue towards the bridge, you have an opportunity to open up the site and look up the river; and that's what this image right here shows; basically, lifting up the building so that you have a clear aperture right through the site, and you really get a sense of openness, and that's very important, because then we can have multi-level purposes in there, -food and beverage, assembly area, places jor people to congregate, to come together. The boat can pick you up and drop you off,' and take you to Bayside; the water taxi. Anything that can come and connect would be ideal. Furthermore, we're also connecting to the Metro. There's two Metro stations immediately adjacent to us where the pedestrian circulation allows us to really have you come along 4th -- right here is 4th Street -- and also -- these are the two Metro stations -- and to come along the river. That led us to think, also, that when you come by there -- usually, you'll see there's a heavy traffic congestion, where the downtown distributor comes and brings people from 95. Our drop-off right now is located on Brickell and on the corner of 4th. So what we did is we pulled our entry all the way, to the inside of the site towards the west, and that allowed us to create basically, a circulation pattern that works on our site that allows us,, upon arrival and from the pedestrian circulation, the vehicular circulation. -- you call show me with this image -- is that really creates an opportunity for people to see through the site -- there it is -- and onto the river. And you can even get closer there and you can see in the distance, you can see the bridge. So Hyatt feels that there is an opportunity to not only create the program that we desire, but also, to create something that is public for assembly, for area, for transportation, and for people to come and use on a daily basis from Brickell and from downtown. That, in a nutshell, is the concept of the project. If you have any suggestions or any ideas, I'm here. Thank you. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: Thank you. And Todd, if you wouldn't mind handing out my amendments? The reason I made the motion on this item, I've been -- we've been looking at this for well over a year now. Hyatt is a very good partner with the City, and they have a few years left on their lease, but this is our chance to look at this site and see what it could and should be. I really believe that we, as a city, since this is our land,, should set the example of development. There's so many developers that come to us, and they have the land, they have a building, they're seeking entitlements, and we're able to say, "Well, can you make it a little more this or a little more that?" In this case, this is our canvas on which to paint, and it can be our best example of -- our best foot forward of what the Cit) should be in terms of urbanism, green space, affordability, a place to work and live, transit connections. And so, there's no reason we can't incorporate all of this, especially since we are expanding the site to them. Remember, currently, they just have the Hyatt site. The James L. Knight Center, all next door, which is not performing well enough for us, is being tied into this in this new lease, which gives us a whole new opportunity. Now, once I understood that the looking at not only a hotel, but residential, as well, that's where I said, "This has got to be residential for the people of the City ofMiami; not just for investment, not just for money. And just because it's downtown, just because City of Miami Page 122 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 it's on the water doesn't mean that we can't look at an inclusive system of housing that makes it for everyone and shows to the world of Miami development that you can have mixed -income housing that is fully marketable to the highest level; that it can be beautiful; that it can be accessible, but you can also have people there who may be teachers; who may live and work downtown; who may be young professionals, just out of college. And so, I was really encouraged to see that one of the three towers they're suggesting in their initial renderings is a micro unit apartment. And so, maybe it's not for you and me in the phase of lift that we are, with a dog and two kids -- and three kids, in my case -- and -- Commissioner Reyes: Micro units. Vice Chair Russell: -- but -- Chair Hardemon: You could still rent one. Vice Chair Russell: -- there are people who truly demand this, because it gives them the ability and the access to live in the most desirable part of town, and -- as long as they have access to transit -- and the enjoyment of life is downstairs -- the restaurants, the activities, the green space. A smaller apartment is acceptable to them, and the market will dictate that. And I would think -- I would bet that they are on the right track with that and that those market -- that those micro units will sell very, very quickly. But I would like to encourage affordability within that tower so that it's blended in a way that it's not a segregated community, but complete mixed income, and I think we can set some of those parameters. So I have a few amendments that I'm proffering, and some are to the ballot language, so this has to do with 8 and 9, but I believe Todd's handed out the three pages of what I'm suggesting. And the first page is my recommended changes to the language of the ballot. It still stays within the 75 words, but it now reads: Shall the City Charter be amended to extend City's lease of approximately 4.2 acres of waterfront land at 400 Southeast 2nd Avenue with Hyatt by 49 years -- total 99 years -- including -- and then it's bullet pointed -- expanded lease area, including convention center land; new hotel and mixed-use development, including transit connectivity and mixed - income housing; new public riverwalk and green space and minimum guaranteed rent to City of 2 million annually, plus percentage of gross profits from all other uses?" I would have really liked to put a number on that percentage, but I understand it's such a blend, it's difficult to quant. But I think that would give the voters more ease of mind to know what that percentage is, because this can be a very, healthy financial picture for the City, as well as a good project for Hyatt. The green space that I'm considering -- and you'll remember, one year ago, when this did not pass this Commission to get on the ballot, the green space was the big issue, I proposed the concept that the Downtown Development Authority had rnaster- planned 10 years ago with regard to what the Hyatt site could be, and it had a beautiful park on the water, and this is our chance to do that. If the space on that land is sufficient for Hyatt to develop the hotel and residential and convention space, and still leave a public green space, an active green space for our community, it should be on the water's edge, and it should be quantified,, because renderings are beautiful, but I think what goes forward in the development agreement and the lease that's negotiated over the short -corning period of time, if it passes the ballot, should be quantified. So what I said about on the second page of this amendment is basically the numbers that would solidify the minimum of what that green space would be -- or the average of what that green space would be. So they're held to the 50 - .foot buffer of the baywalk already -- or the riverwalk, in this case; 25 feet jor the walkway; 25 feet for a buffer zone. And so, on the western corner where it kind of, you know, goes toward the Fort Dallas and the other hotel, that would be the minimum that were asking for. But on the east side, going up towards the Brick -ell Avenue Bridge, I really believe that as you drive over that Brickell Avenue Bridge, City of Miami Page 123 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 You should have an open site into a true green space that's inviting; that makes you want to say, "Hey, that looks like I could go there, " and pull over, go into the parking, get public transit, and enjoy it. So I've asked for a set-aside of 150 feet on the east side. Now, you'll notice on some of the renderings that Mr. Karp has done, the -- there's an overhang over that area. 1 think he was kind of inspired by how the Perez Art Museum activates an open green space, and -- well, it's concrete, but it's open -- and they have hanging gardens and such, which gives some shelter and allows for some nighttime use and rain time use and stuff, and I'm certainly open to that. But my ask is that that 150 foot underneath be honored so that that open site line continues. 1 asked for public transit connections. This was a tough one for them, because we don't have the approval of the County to link to the Metromover at this point. I don't think we can do this without that, because if thev're potentially looking at -- The densitv here allows its to do 4,000 units. We're not going to do anything near like that, but they are thinking three towers of 900; 900 jor the hotel; perhaps 900 for the micro unit; 900 for the market unit. That's a lot of people. And if we don't have a true connectivity to transit -- meaning a convenient walk onto the Metromover -- like you have at Brickell City Centre, for example -- it's really not going to get taken advantage of.' So I think we need to find that relationship with the County, find the logistics of'how to tie that in. And some of those things can come in the future, but I think we should mandate it from the beginning as something that's required in this project. Another thing we had hoped far last year -- which isn't contemplated here -- is a change in the FDOT (Florida Department of Transportation)II--95 distributor that comes down. It could and should come down sooner so that it's not dumping traffic right onto Brickell Avenue. And eliminating that -- which already does come down on two of the avenues before -- if it came down earlier like that, we could have a lot more space for this development. It could ease up on traffic quite a bit, and gives its a lot more room to work with. But that's a big "if " so I'm not holding them to that, finding that relationship with FDOT; that's a hopeful. We can still approve this, work with FDOT. If it happens, it happens; if not, they've shown through their renderings and map that it's possible, even without that. But, of course, that would help us back up to the Metromover even better. And finally, in the last page, I made some amendments to the developer guidelines, just to quanta what I'm looking for in terms of affordability. What I'm looking for is if they're doing residential that 10 percent of that residential be workforce or affordability at the City AMI (area median income), and that would be 5 percent of each. If, for example, they're doing a tower of 900 micro units, that would mean 180 of those micro units could be at that level; 90 at affordable and 90 at workforce. And that does alter their map, certainly, but I believe there's enough pie here that we can work this out. The capacity, is 4, 000 units of density. There's room for them to find the math to make this work, and if it doesn't, we should come and help, as well, because we should really incentivize this to be as accessible and attainable to the residents of our city as possible. I don't intend for this to be Section 8 housing. I don't intend for them to go out for a Federal tax subsidy or 9 percent situation. Sol believe that us contributing the land in this deal makes all of this possible, and we can continue to work toward it. But I'm very excited about it in a way that I wasn't a year ago. I really think we can do this. I'm behind it, I want to see it happen, and I'll help it pass at the ballot. I welcome other amendments as the mover, and we'll handle them however you do it. Commissioner Reyes: Yes. Mr. Chair? Chair Hardemon: Yeah. Commissioner Reyes: Okay. You see, and I have also some comments here that -- and in your proposed amendments. I keep on -- You're referring to micro units and Mayor reference to micro units, and everybody's talking about micro units, micro units, like everything that was going -- is living in the City of Miami is a single City of Miami Page 124 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 person that can live and is going to stay single and going to live in a 400 -- or 300- square.feet apartment, you see. And we are forgetting about people that they are going to -- I mean, jorm families, and the going to need one- and two-bedroom apartments, see. And I think that we are placing so much emphasis, because in Europe and in other places, they have some micro units. And they are so popular that we are trying to start building them and forcing people to live in that -- in those units. I'm not a fan of micro units, unless they are for -- in areas that we -- they are going to be -- What we are trying to attract to those units are retirees, like -- I have seen people that they are retired and they are living now in areas -- I mean apartments such as the ones in Smathers, and so on, you see. I'm not a fan of micro units. Another thing that I want to know -- and I agree with you, Commissioner -- is that the minimum guaranteed rent to the City, I would like to place -- and when we talk about percentage of gross profits, I would like to place a number, a percentage; a percentage of the gross profits, before we do anything here. And my question, without your requirements is, I want to ask the developers, how is this going to affect that development that you got there? Is it going to make it more expensive? It's going to make it less feasible or what? And finally, in our demand for 10 percent of affordable housing or 10 percent of workforce, thank you very much for using the City ofMiami median income. Vice Chair Russell: That s you. That's all you. Commissioner Reyes: That'sright. Thank you. And -- but if I may, I will like to offer also the ability that zf we are going to suggest that they build this -- because we cannot force them to include 10 percent -- but also give them the alternative of providing in -- I mean, some contribution to the Housing Authority, or they will develop in certain area affordable housing that will be really affordable housing, not -- and workforce housing -- not what they are being -- have been building for the past few years, that thev are not; that's a misnomer, you see. This is a beautiful project; it's a wonderful project, and I think that we can benefit, everybodv can benefit from it, including your idea that you want to include people to live in that area. I -- sometimes, I am a little hesitant to that mix, because let's say that we're going to have apartments that they are going to be rented at -- I would say workforce. You will be renting those apartments a thousand dollars or whatever. And there are people that they are low income, and they're going to be living in that area. You see, everything about that area, all surrounding areas, they are very expensive. The person that lives there, they comes down and they want to go to a restaurant, those are -- restaurants are beyond the rich. If you want to go to a bar and have a drink, a drink is going to cost them 12, 15, $20, you see. I think that -- and I think the idea, you know, and the concept could be -- it is good, because what - - you're trying to do the best thing for the people that live here. But, Commissioner, I want you to -- also to think what will be the effect on a person that it is making almost minimum wage and is living there, because we provided the housing -- or the ability for them to live in that area, and how that person's life is going to be when he walks out of the place and he wants to have a drink, have a -- go to a restaurant. All of those areas,, they are beyond their means, you see. And that's what I'm. concerned. And I want also for its to have the alternative -- or have the ability to obtain funds from the developers, BU -- whoever it is -- in order far us to build affordable -- real affordable housing to people in Miami. That's my only concern,, sir. Okay? And I'm -- respectfully, I want you to think and consider what I said, you see. Okay? Chair Hardemon: Commissioner Gort. Commissioner Gort: Now, my understanding is the minimum $2 million is jor the hotel only, plus the percentage of all the difJ" rent gross income. Mr. May: Yes, Commissioner. Seven -- City of Miami Page 125 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Cort: And I understand, also, the other two buildings will be equity partners at a percentage according to the -- whatever amount we could come up to. I heard anywhere from 20 percent and-- more or less. The -- Mr. May: That's correct. Commissioner Gort: -- mixed use, I can tell you, we did an apartment building, 170 units for -- with a not-for-profit at Southwest 1st Avenue and 9th Street; one block away fi°om Brickell; two blocks -- one from Miami Avenue; two blocks from -- and it works. The v got the -- a hundred of them, of ordable housing; 70 in market rate. They both have waiting lists, and they've been very successful, and that's the way it should be done. Vice Chair Russell: Mr. Rotenberg, could you walk us through --? I apologize, Mr. Chair. Chair Hardemon: (UNINTELLIGIBLE). Vice Chair Russell: Mr. Rotenberg, could you walk us through the potential upside of financials here? Because the percentage is -- it's difficult to quantify, as we're getting a different percentage on d fferent pieces of their property. But if developed to its full potential in the way that they ire suggested, what would we be look -- what would the City be looking at in a good -case scenario? Mr. Rotenberg: That's correct. The formula -- we have -- the hotel itself right now, we have a minimum rent set, but it's the greater of $2 million a year; 7 percent of the meeting rooms, of the hotel rooms; 5 percent of beverage; 3 percent of the food; and a certain percentage on other hotel uses; and you're right, because this is preliminary. We're looking for permission to continue on to negotiate this. We have a formula set up. The intention is, as we go through this process, to come up with a hard number. But for right now, it's -- the value of our land less the value of the current project that's on there, which will be determined by -- I guess appraisals and by negotiation over the cost of the other two units. So the two buildings that are set aside from the hotel, we will be getting an equity position in. And the number right now we're looking at -- we have in our example a number that's 20 percent, depending on what goes up over there, how many units, if -- in the mix of affordable and workforce and regular housing -- it may stay the same, it may go up, it may go down. Obviously, if we're negotiating this, we'd like it to go up. We will also have the parking. We will also have income from retail and from office. So we have in here the numbers that we gave out. We have a projected or concept drawing based on what we have over here, which is 900 hotel rooms; 1,800 residential, which is 900 in each tower; 50, 000 square foot of retail. We did not include the parking. We did get the two appraisals that were -- we're required to get -- which set the value right now at -- one is at $190 million; the other was 201 million. But between the appraisals again and per Florida Statutes, we have to get market value, which is the appraisals. The fair market value, subject to the leasehold -- again, which the lease is already, there. This is not really an arm's length transaction. We have a leaseholder -- we have a lessee already. That's 155 million or 170, depending on which appraisal we use. Conceptually, at the end of the day, the hotel will throw of once it's stabilized, somewhere around 4 or $5 million. The other projects together, if we are going to get somewhere around 20 percent, will also throwoff somewhere around 4, 5, maybe $6 million, including the parking and the retail. So we're looking somewheres [sic] in the neighborhood -- right now, we get $1.7 million roughly from that site. We will end up somewhere in the neighborhood o_f around 9 or $10 million. City of Miami Page 126 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Vice Chair Russell: Per year. Mr. Rotenberg: For the City. Vice Chair Russell: Thank you. Can you tell me about the timeframe with which we would get to shovel in the ground; and hopefully, project? If this passes here today, goes to referendum in August. If it passes referendum in August, what is their limitation for master planning and coming back with a lease to execute? Mr. Rotenberg: We have it written up right now that we have 18 months to bring it back to Commission with a master plan and a lease, and that's a finalized lease. At that point, the LOI (letter of intent) -- or the memorandum of understanding drops dead, unless the Commission agrees to move forward. If we're making progress and the time just catches up to us, that's up to the Commission. At that 18 -month number, if the Commission decides not to go forward with it, we're right back where we are right now. Vice Chair Russell: So if this passes here and then passes at the ballot, 18 months from that time? Mr. Rotenberg: July -- we're looking at the end of July in 2019, construction. And by the time we're stabilized, we're looking probably at about 2024. Vice Chair Russell: I'm sorry. Wouldn't it be 18 months from the ballot approval., or no; or 18 montlis from now? I would assume ballot approval. Commissioner Gort: Ballot approval. Mr. Rotenberg: That's 18 months from the ballot. Vice Chair Russell: Okay. So that would take it into 2020, right? Mr. Rotenberg: It would take it into 2020 -- well, yeah, yeah. Vice Chair Russell: Okay. So we'd be done with master planning and the lease by -- what would that be; like February 2020, something like that? Mr. Rotenberg. Somewheres [sic] around there. I have it a little bit earlier, but we're basing it off of the 12 months originally, so the beginning of 2020. Vice Chair Russell: Okay. And that is actually more aggressive than we had in the original written agenda, correct? Mr. Rotenberg: That is correct. Vice Chair Russell: I appreciate that. Whoever worked on that with you, it's much better than what it was, because I'd like to see us --I think we can easily master plan and put a good lease together in 18 months, and we should be able to. And once it's executed, then they have to be -- all permits in place by four years, correct? Mr. Rotenberg: That is correct. Vice Chair Russell: And if not., they lose -- what happens then? It goes back to the - Mr. Rotenberg: We're back to where we are right now. City of Miami Page 127 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Vice Chair Russell: It go -- which they would be the leaseholder, but on the current lease, just -- Mr. Rotenberg: They have until 2023 in the current lease. They have another 45- year option; takes its out to 2071. Vice Chair Russell: Got it. Got it. Commissioner Carollo. Commissioner Carollo: Thank you. Mr. Rotenberg: Also, I -- one more thing I would like to add, that in the beginning years, originally, we had rent at zero; 500,000 for year two; and 500,000 in year three. Hyatt has agreed with us that they are going to pay a million dollars a year. We're going to abate it in years five to 10 within. their stabilized rent; again, if nothing happens, we stick to the regular rent. Vice Chair Russell: Got it. Commissioner Carollo: Thank you. I have a lot of questions. Let me begin with the Assistant City Attorney. Explain to me, since the Hyatt is a non-profit -- is not a non- profit, rather, how they can get by the provisions of the original Carollo amendment in going forward to a Charter amendment change by the voters. Barnaby Min (Deputy Citv Attorney): So what is being proposed with this legislation is not a referendum approval, pursuant to the current provisions of the City Charter, but is rather an amendment to the City Charter in order to allow the redevelopment and a new lease for this property, so it would be an exception that the voters would approve to create an amendment into the City Charter. Commissioner Carollo: Okay. So this would be an amendment to the original Carollo amendment that you need two appraisals, and you need at least three bidders competing, besides other requirements? Mr. Min: Yes, sir. The end result would be -- obviously, the language would still need to be drafted, but it'd be somewhere along the lines of, notwithstanding, any of the provisions in the City Charter or City Code, this shall apply to this property. Commissioner Carollo: And this would be strictly to this property? Mr. Min: Yes, sir. It is limited to just the Hyatt and this particular property. Commissioner Carollo: Fine. How much -- I -- unless the City Attorney has something else, I -- Mr. Min: She just wanted me to add that this has been done with other properties; for instance, with Rusty Pelican; with the Dade Heritage Trust, which I believe was Dr. Jackson's office -- or house, if I recall. So this is a -- Commissioner Carollo: And how long has the Chy Attorney's Office been working on this language? When did you start on it? Mr. Min: I know that the Hyatt and this particular project has been around for a couple years or so, but this -- Commissioner Carollo: Well, I Mr. Min: -- version of the legislation, I believe we got within the past two months City of Miami Page 128 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Two months. Mr. Min: A month or two months. Commissioner Carollo: All right; the last two months. Okay. And whom have you all been working with besides people in your office? Victoria M6ndez (City Attorney): "Working on" is a strong word. Negotiating anything having to do with that has all been DREAM (Department of Real Estate and Asset Management). What we've been doing is either word-smithing [sic], you know, working on the ballot language or -- Commissioner Carollo: Let me make it simpler. Whom have you had any direct contacts --you or anybody in your office -- with anybody representing the Hyatt or anything associated with the Hyatt? Ms. Mendez: Oh. We've -- my office is really Alexander -- well, no, sorry. I'm confusing the Jungle Island. Okay. So this one, I don't know who we've been dealing with. Give the one second --other than DREAM --one second. Commissioner Carollo: Okay. Thankyou. Ms. Mende: Our office has been dealing with DREAM, pretty much. We haven't met any, like,, Hyatt representatives or anything like that. Commissioner Carollo: Well Ms. Mendez: And -- Commissioner Carollo: -- I hope this dream doesn't end up like the nightmare that Flagstone has ended up to being, and this is why I'm going to be very, very careful. Mr. Manager, the City Attorney's Office has stated that they've been working on this for the last two months. How long have you been working on the Hyatt new version since you've come onboard? Emilio T. Gonzalez (City Manager): Sir, I've been briefed on what has been negotiated thus far. I have met with Mr. May. Mr. May: Hi. Mr. Gonzalez: Hi. How are you? I have met with their representatives. I have been given a detailed explanation as to what this means to the City. But again, this is something that's been going on for quite some time. Commissioner Carollo: Yeah, but it had stopped cold for quite some time, and hadn't advanced. So what I'm trying to ascertain is at what point in time that this get revived where you got involved in it. Mr. Gonzalez: I was informed of this when I took over this position a few months ago. Commissioner Carollo: Back in January or --? Mr. Gonzalez: Probablv a little later than that; maybe in Commissioner Carollo: -- February? City of Miami Page 129 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Mr. Gonzalez: Around that. I don't have the exact date. Commissioner Carollo: February. But you're pretty, more or less, certain that it was February? Mr. Gonzalez: Sometime around then I was informed of the negotiations that were going on; yes, sir. Commissioner Carollo: Okay. And when you said you were informed of the negotiations, were there ongoing negotiations at that time, or were you informed of the prior negotiations? Mr. Gonzalez: Well, I was informed that this project had been ongoing for some time, and that it was still ongoing. Commissioner Carollo: Okay. And whom at that time in February did you meet with from the Hyatt or any other representatives? Mr. Gonzalez: It was internal, sir; it was with my staff. Commissioner Carollo: Internal. Okay. And when did you first meet with any representative from the Hyatt? Mr. Gonzalez: Just a couple days ago. Commissioner Carollo: Okay. A couple days ago. So -- Mr. Gonzalez: And they reiterated what had been reported to me from our staff. Commissioner Carollo: Okay. Had any of our staff been meeting with them since you came onboard? In other words, from your clock, when it started ticking as Manager, forward, whom from our staff has been meeting with any representatives from the Hyatt? Mr. Gonzalez: I would have to defer to Mr. Roten.berg to answer that, sir. Commissioner Carollo: Because, I mean, it's obvious that all this information that we're getting at this meeting and that we're supposed to be making a decision on huge amounts of'monies for a 99 year lease today, this had to have been going on for some time, and I certainly didn't know about it. Did you know about it, Commissioner? Vice Chair Russell: Only in the last couple months. Mr. May had a -- I think he wants to answer you about contact provided. Commissioner Carollo: Well, I'd rather get it from staff before I go to Mr. May. Vice Chair Russell: But to answer your question to me, I have a similar feeling to you that this did come quite late in the process if we're trying to get on this August ballot. I did not realize it was trying to get on the August ballot until this past month, and I said, "We've got a lot of 'work to do if this is going to get there. " Commissioner Carollo: Yeah. Commissioner, I'm not necessarily against this. This might be a good option jor everybody. And, you know, I know some of the members of the (UNINTELLIGIBLE) family. When I was a young man -- I grew up in Chicago before I moved here, when I was 15, so I'm familiar with the firm, and I've City of Miami Page 130 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 had in past years contacts with them. They're a first-class firm. But this is a business deal that is very complex; it's for 99 years. This is beyond our lives, our kids' lives -- Commissioner Gort: And grandkids. Commissioner Carollo: -- you know, maybe even beyond our grandchildren's lives. So we need to be very careful of what we're doing here so that we don't end up with another fiasco, like Flagstone, and then all the staff that we have turns around and they're testifying against their own city. And I'm seeing too many of the same players, I m feeling very uneasy, and I want to go easy at this so that we could be sure that we understand everything. I want to go through the thick contract that there's going to be out there; I think we all need to. We owe that to the public. That's what we were elected for; not to just rubber-stamp something. We -- you know, you had an interest in, park space. I want to see if we're combining everything that we should; additional density with sufficient park space. You know, maybe we don't need as much; maybe we need more than they're offering. I don't know. But I do know that this is being thrown at us, boom, all of a sudden, and that there's been a lot of people that have known about this, have been working about -- on this long before I even heard about it, and this concerns me. This concerns me very much. Now, when did -- let me rephrase this. Since the Manager came onboard, when did you start working on this again? Mr. Rotenberg: You're asking me the question? Commissioner Carollo: Yes, sir. Mr. Rotenberg: I've been working on this since the Manager came onboard. The only stoppage that I have had on this deal was through the change ofAdministration. Commissioner Carollo: Okay. And whom have you been working on this with on the Hyatt side? Mr. Rotenberg: With Hyatt itself. Commissioner Carollo: What representatives when you say, "Hyatt itself'? Mr. Rotenberg: The young lady sitting here, named Tiffany. Commissioner Carollo: Okay. Where is she at? Mr. Rotenberg: Sitting right over there. Commissioner Carollo: All right. Thank you, Tiffany. Okay. Who else from the Hvatt have you had contacts with? Mr. Rotenberg: Steven Haggerty. Commissioner Carollo: Steven Hackler [sic]. Is he here? Mr. Rotenberg: He couldn't make it today. Commissioner Carollo: Okay. Is Stephanie -- is Tiffany, rather, from Miami, or is she from the Chicago office? Mr. Rotenberg: Chicago. City of Miami Page 131 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Okay. Mr. Rotenberg: We've had CBRE involved with this since its inception a number of years ago, as well. Commissioner Carollo: Okay. So you're telling me that negotiations never stopped, and this is ongoing. Basically, you just stopped for the week or two that there was transition -- Mr. Rotenberg: No, not a week or two. Commissioner Carollo: -- or a month. Mr. Rotenberg: It took a few months before -- Commissioner Carollo: Okay. Mr. Rotenberg: -- I guess the change of Administration took hold. And I've asked you a number of times to come into your office to meet, and we've tried. But we've been working on this for quite a while. Commissioner Carollo: To the best of your recollection, how much after the present City Manager came onboard did you start working on this again? Mr. Rotenberg: About a month. Commissioner Carollo: Okay. About a month. Okay. And the only, people that you worked with were Tiffany and the other gentleman that -- what was his name again? Mr. Rotenberg: Steven Haggerty. Commissioner Carollo: Okay. Is Steven from here or Chicago? Mr. Rotenberg: He's from Chicago, and i f Fm not mistaken, he's in charge of Hvatt's development around the world, yeah. Commissioner Carollo: Okay. Mr. Rotenberg: I think he's the Chief Investment Officer. And we've had CBRE again involved with this for a number of years. Commissioner Carollo: Well, look, I -- you're sounding to me like you're upset that I'm questioning. Mr. Rotenberg: Not at all. Commissioner Carollo: I'm sorry ifI need to ask questions; that's what I was elected to do; that's what I'm supposed to do. If others don't want to do it or haven't done it in the past, that's their problem. Mr. Rotenberg: I'm honored. I would love to sit down with you in your office and go through all of our projects. Commissioner Carollo: Very good. Then we're on the same page. I'm glad. Mr. Rotenberg: I hope we are. City of Miami Page 132 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: We'll move forward. So you've been working about a month after the Manager -- the present Manager came onboard, and you've been keeping the Manager abreast, I suppose -- correct? -- of what you're doing? Mr. Rotenberg: As much as I can; yes, sir. Commissioner Carollo: Okay. You'd also been working with the City Attorney's Office, correct? Mr. Rotenberg: We have been working with the City Attorney's Office, yes. Commissioner Carollo: When did you finish putting the lease together, the wording in this? Mr. Rotenberg: We're still ongoing with the language right now as we sit here. We have amendments in fi^ont of its that are going to go into the documents. Commissioner Carollo: And throughout any of your conversations with the Manager, the City Attorney's Office, or anybody in your staff', did anybody wonder that, "Gee, maybe we should inform individual Commissioners as to what is going on; that this is being revived again"? You have two Commissioners -- myself and Commissioner Reyes -- that weren't here in the past, when this came to a halt, or the original discussions. Did anybody happen to think about that? Mr. Rotenberg: A hundred percent. I -- Commissioner Carollo: Okay. Mr. Rotenberg: -- again, l remember a few Commissions ago, I actually stopped you in the hallway to ask for your time, and that wasn't the first time. I've walked into your office to come in to make an appointment. Commissioner Carollo: But at no time did you say to me that you wanted to speak to me on the Hyatt. Mr. Rotenberg: I believe that's incorrect. Commissioner Carollo: No, no, that -- Mr. Rotenberg: I said, "We did have a number of deals we have to speak to you with. " Commissioner Carollo: No. You -- Mr. Rotenberg: I don't have time of day. Commissioner Carollo: -- never told me -- Mr. Rotenberg: Okay. Commissioner Carollo: -- that you needed to speak to me on the Hyatt, because something wasn't going. Did you ever send my office any memorandum, any email, any information that you needed or wanted to speak to me on the Hyatt or that you had sent information to us that you were working on this? Mr. Rotenberg: We've sent multiple times; more than two or three times. City of Miami Page 133 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Excuse me? Mr. Rotenberg: I -- we've sent multiple times; more than two or three times. I'm sorry if you feel that way. Commissioner Carollo: On the Hyatt? Mr. Rotenberg: On the Hyatt. Commissioner Carollo: Well, then 1 would very much appreciate it if you get me copies of that -- Mr. Rotenberg: Of course. Commissioner Carollo: -- that you sent information to us that you were working on the Hyatt; that you were informing us as to what was happening, or that you requested any meetings on the Hyatt. Mr. Rotenberg: I'll get you whatever we have in our computers. Commissioner Carollo: Well, I would greatly appreciate it. And that shouldn't take long, I don't think. Mr. Rotenberg: It shouldn't. Commissioner Carollo: So if you could get someone to do it, I'd like to see that before the end of today. Mr. Rotenberg: 1 can do that. Commissioner Carollo: The -- Has any member of the Commission received any information like I'm asking, through emails or -- Have you received anything, Commissioner Reyes? Commissioner Reyes: No. I just -- he can -- he -- We had a meeting in my, office, and he mentioned that it was a project -- that this project was taking place. But we didn't go into details -- Commissioner Carollo: Okay. Commissioner Reyes: -- as we are doing over here, but he did come and visit, and we had a conversation about not only this; about all the leases that we have in general, and the procedures, and all of that, and some of the upcoming projects, but not in the detail that we are doing now, you see. And the first details that I heard was when the people from the Hyatt came to my office and showed the renderings, and we had a very extensive conversation about the financials and what would be the benefit of the City, and I asked for them to also estimate what would be the total contribution to the City of Miami, including the tax increases that the City is going to receive there,, due to the development. And they -- if I don't recall wrong, they -- there was an estimate of around $10 million per year -- Mr. Rotenberg: That's correct. Commissioner Reyes: -- you see. That's -- Commissioner Carollo: Okay. City of Miami Page 134 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Cort: My understanding is we've been dealing with this for years -- Commissioner Reyes: Yes, sir. Commissioner Gort: -- over 10 years, and several projects have been brought up to its, and we did not agree to them. My -- the Commission have asked for certain changes, and I think that's what's in front of us here. We received the injormation just about the same time. Commissioner Carollo: But this project, I have to assume, is quite different than the last one you looked at. Commissioner Gort: Completely. There was a change, thanks, because of the requirements that we asked here at the Commission. They had some projects that came in here about a year ago. We came up with some ideas. The Commissioner wanted to see some more green areas and some more space, open space for the community, and that's why the changes have taken place. Commissioner Carollo: Now, let me go back to the City Attorney for a second. Madam City Attorney, approximately how long did it take your office on this new version to put the legal language together and to go over the contract legalities? Ms. Mendez: Like I said, we haven't been working on the terms; those were negotiated by DREAM. We received the request to draft ballot language and those things at the end of March -- I looked that up -- and we haven't spoken to anyone outside of the City; it's just been our internal communications. Commissioner Carollo: A couple of months? Ms. Mendez: End of March was when we got the request to work on ballot language and all that. Commissioner Carollo: Okay. So it's almost a month plus that you've been working on this. Ms. Mendez: Right. Commissioner Carollo: Okay. Ms. Mendez: And that's more -- again, language and -- Mr. Rotenberg: If I may, Commissioner? Commissioner Carollo: Yes, sir. Mr. Rotenberg: This is really, in the beginning stages. We're asking for permission to continue on and to put this to the voters, and work on the master plan and the lease, which this really does encompass most of the work. At this point, once this goes forward,, if you do let it go forward, this does need the Commission's input, and this is when all the real work will take place. Commissioner Carollo: Well, I've been around enough in the past to know that if you don't have the whole buggy built out, its, not going to be what you think. And what was -- what the gentleman from the Sailing Club said before, that --? Mr. Rotenberg: If we give it away now, we'd never get it back. City of Miami Page 135 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Let me see. I got it written somewhere here but anyway -- Mr. Rotenberg: I got it. Commissioner Carollo: Once -- Mr. Rotenberg: Once we give it, right. Commissioner Carollo: -- you give it up, it's gone forever, right? Mr. Rotenberg: We have a nonbinding MOU (memorandum of understanding) right now that has no legal ejject, and you could ask the City Attorney. Once we could move ahead with this, it gets us to a binding -- Commissioner Carollo: No legal effect, but I m very familiar with the -- Mr. Rotenberg: Okay. Commissioner Carollo: -- politics side of it. So on one hand, you are correct on the legalities and the legal effects of it, but I'm also very well aware of the reality if it goes forward without having all the nuts and bolts tightened on it. And I do -- Mr. Rotenberg: I'm very -- I'm welcome to work with your office. I'm looking forward to it if this moves ahead, and even if it doesn't. Commissioner Carollo: You were working on this for -- since the Manager -- on the new deal -- since about a month after the Manager came onboard,, you said, approximately, right? Mr. Rotenberg: I'm not sure how to answer that, because again, we've been working on this for -- since last year, when this didn't go through. Commissioner Carollo: But this new deal that came up now is -- you revived the negotiations about a month after the new Manager came onboard, correct? Mr. Rotenberg: I'm not a hundred percent sure of the timeframe, but it could be. Commissioner Carollo: Well, that's what I thought you had said before, so -- Mr. Rotenberg: Again, the only thing that's really changed as we move forward on this is we have renderings right now, we have a more intact MOU, and at this point, we would need to go to the voters to go get permission, and we would need to finish off a formalized lease. Commissioner Carollo: So on your previous statements, you ve been working at this for a little over three months. Now -- and prior to that; like you said, you've been working at it,for a long time. Do you really think that anybody could possibly comprehend to take a intelligent vote something that they received a few days ago, and it's not.fully complete, as you say, when you've been working on this for -- on the second go 'round -- over three plus months? The City Attorney took about a month and a half to go at it. It's not fair to us to make a decision without having all of the _facts, without being able to read everything very carefully on a 99 -year lease that involves hundreds of'millions oj'dollars. And I will say this to you: If I would vote on this today, it would be irresponsible of'me to take a vote. And this is how we've gotten deals passed in the City in the past that have come back and burnt us, big time. And then you guys in staff wash your hands of it. You go on to your next job, City of Miami Page 136 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 in your merry way, and the people that pay the bills from all the lawsuits and all the losses are the residents ofMiami. Mr. Rotenberg: And with all -- This is the second time today you've insinuated that. I take this job as a civil servant very seriously, and -- Commissioner Carollo: 1 haven't insinuated anything. 1 made a statement. Mr. Rotenberg: Okay. Commissioner Carollo: And I am glad you take it very seriously. Mr. Rotenberg: It's not about me. It's tip to the Commission. Commissioner Carollo: That's correct. Mr. Rotenberg: Understood. Commissioner Carollo: I'm not saying anything here that's about you. It's about the process and protecting -- Mr. Rotenberg: (INAUDIBLE) insinuations; that we just go our merry way to our next job. Commissioner Carollo: -- the residents' rights and their pocketbooks. Mr. Rotenberg: Okay. Commissioner Carollo: The -- let me go back into the actual lease, because I need to go back into the history of how we got into this lease. It was a very visionary Mayor that brought this to the City Commission, Maurice Ferre. I was a kid Commissioner; 24 years old when I first got here. At that time, we had nothing in downtown Miami. Commissioner Reyes: Yep. Commissioner Carollo: It was bare. We had that little Holiday Inn building there that's going to be torn down now, and 80 stories are going up. That was it. So Mayor Ferre knew that we had to give the Hyatt a heck of a deal in order to attract them to come, because we needed one main pillar, a foundation for downtown Miami to attract others to come. And the deal that we gave them then was a heck of'a deal that we cannot give that again to anyone into the future. But there was a reason then; they understood it; we understood it. And I need to compare what they've been paying us in the past versus what the v're offering now, and then I want to look at some similar percentages that are paid in other areas. The total amount that we're getting a year now -- We have some additional losses that I wondered, also, with the Knight Center,, because that's part of the reality that we have to look at. You just can't push that aside and only look at the gravy. What is the amount that we're making a year now, from the Hyatt? Mr. Rotenberg: The Hyatt is about $1.7 million. James L. Knight Center, like I said before, averages about $40, 000 a year. Chair Hardemon: Can you repeat the first statement again? Mr. Rotenberg: James -- The Hyatt Hotel is about $1.7 million -- City of Miami Page 137 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Yeah. And the -- Mr. Rotenberg: -- that comes to the City. Commissioner Carollo: -- Knight Center is bringing how much? Mr. Rotenberg: About $40,000 a year. Commissioner Carollo: Have we had any losses there in the last few years? Mr. Rotenberg: I don't remember of any tosses that we have, but the income has been, on average, about 40, 000. Commissioner Carollo: Okay. So it's about one and three quarter million dollars that we're bringing, combined. How many years do they have left in the present lease? Mr. Rotenberg: Hyatt has until 2023, and then has a 45 -year option afterwards, bringing it till 2071. Commissioner Carollo: That option is theirs and theirs alone, if I remember correctly. Mr. Rotenberg: Correct. Commissioner Carollo: Okay. Which -- maybe, maybe not -- they might not want to exercise that option in '23. They might want to, but they're going to have to spend a lot of money in renovating the hotel. 1 don't know when's the last year that they did that. Do you remember offhand, or do we have anything on that? Mr. Rotenberg: Do I remember what offhand? Your statement's correct. Commissioner Carollo: When is the last year that they renovated the hotel? Mr. Rotenberg: I don't know what year they renovated the hotel; it's been a while. Commissioner Carollo: Well, I've been out for 16 years, so I don't know if anything has happened between then; that's why I'm asking. Okay. In that extension, is there anything new in that lease? It's been a long, long time since I got involved with that. Do we get any extra money in 2023, or does everything stay the same? Mr. Rotenberg: It's the same terrns, and we can negotiate the rent, but it's going to be based again on appraisals and bring its back probably to the same place we are now. Commissioner Carollo: Okay. So it's not a set deal then. In 2023, we can renegotiate everything again. Mr. Rotenberg: Let me get the language first. It's hotel's agreement to extensively refurbish, update,, and modernize the fixtures, furnitures [si(I and equipment of the hotel within one year of the renewal; again, terminates at 2070. Rent during renewal will be as agreed upon by the parties. Commissioner Carollo: What did it say about refurbishing? That -- If you could read that first part again; I'm. sorry. City of Miami Page 138 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mr. Rotenberg: Hotel's agreement to extensively refurbish, update, and modernize the fixtures, furnitures [sic] and equipment -- the FF&E (fixtures, furniture, and equipment -- of the hotel within one year of the renewal. Again, in parentheses, it says, "terminates, estimate 2070. Rent during renewal will be as agreed upon by the parties. " Commissioner Carollo: Okay. So basically, we're going to be in negotiating stance, like we are now, comes 2023, with them? Mr. Rotenberg: Along with the James L. Knight Center, which is making $40,000 a year. Commissioner Carollo: Yeah. Well, look, we're lucky that we're making $40,000, and not losing money there. Mr. Rotenberg: 1 agree. Commissioner Carollo: But the offer that we have on the table now, what is the minimum guarantee per year? Mr. Rotenberg: The hotel? It's the greater of'2 million or we have a formula of'7 percent of ' the rooms and the meeting rooms; 5 percent with beverage; 3 percent of food; and the rest of the kiosks and merchandise stores is a percentage to be determined. Commissioner Carollo: Okay. What do we have now on percentages in the present lease? Mr. Rotenberg: Right now, we have a percentage -- it's broken down to break points from zero to 22 million. We get .55 percent; from 22 million to 28 million, it's 6 percent; from 28 to 35 is 7.5; 35 to 38 million, 4 percent; 38 million to 40 is 5; and $48 million and up is 7 percent. Commissioner Carollo: And is the food and everything else lumped into that? Food, beverage, et cetera, or is that separated? Mr. Rotenberg: It's gross. It's gross sales. Commissioner Carollo: Yes. Okay, that's what I meant. Mr. Rotenberg: So all of it's lumped in. Commissioner Carollo: The -- So right now, what they're offering is 2 million, or 7 percent, if it's greater; 7 flat across the board if it's greater? Mr. Rotenberg: Whatever is greater, correct. Commissioner Carollo: Okay. See, that's one that I have to analyze, because right now, just on the hotel site, it's pretty close. So I don't know which one, really, is going to bring us more, and if this is up to par with what we should be asking today. Mr. Rotenberg: Again, we are encumbered by a lease right now. We may end up back in this same place. We're also -- we also have the other piece, which is the James L. Knight Center, which we are willing or we are working on, to try to get developed at the same time. City of Miami Page 139 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Now, you gave me the hotel side. How about the apartment/condominium side now? How much are thev offering for that? Mr. Rotenberg: We have a formula that we are currently -- well, we have an MOU right now where it's the land value less the ongoing concern there over their construction. It's -- example that we have in there is 20 percent of the equip, stake. So anything that's made on the other two sides, we would get 20 percent of the gross pro fit. Commissioner Carollo: Okay. We will get 20 percent of'the gross profit. Are they planning on selling condos or -- Mr. Rotenberg: It'll be rentals at this point. Commissioner Carollo: -- rental apartments? Mr. Rotenberg: Residential rental at this point, with some office, some retail, and we -- and parking. Commissioner Carollo: And we get 20 percent of'that? Mr. Rotenberg: We have to fix the number, but roughly, yes. Commissioner Carollo: It's roughly 20 percent? Mr. Rotenherg: Yes, sir. Commissioner Carollo: Okay. What is the estimate right now -- and that's a tough cookie to estimate -- that they're figuring on that were getting, based on how many units? And I think it was 50 percent retail. Is it based on the 900 or on the 1,800 units? Mr. Rotenberg: It was based on 1,800 units. Commissioner Carollo: How many towers is that? Mr. Rotenberg: Two. Chair Hardemon: That's two residential towers? Mr. Rotenberg: Two residential towers, plus the hotel. Commissioner Carollo: Plus the hotel tower. Chair Hardemon: And the hotel is a different tower? Mr. Rotenberg: Correct. Chair Hardemon: How many rooms are you going from and to in the hotel? Mr. Rotenberg: They have 670, and I believe now they're going to 900 in the hotel room -- in the hotel rooms -- I'm sorry. And the other two towers will each have 900 units. Chair Hardemon: Will you have the hotel service many of the apartments? You know, sometimes, you can have hotel -- City of Miami Page 140 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mr. Rotenherg: Yes, sir. Chair Hardemon: -- services for apartment complexes. Mr. Rotenberg: So right now, conceptually, one of the buildings will be a Hyatt Service Building, the one with the micro units; and the other one will right now not be. Commissioner Carollo: Okay. So the hotel, the new one, it's envisioned it's going to be about a third larger in size and -- Mr. Rotenherg: Correct. Commissioner Carollo: -- but we're still at about the same amount, unless that 7 percent really increases. And I really want to see some projections on what that hotel is really going to bring. Chair Hardemon: So -- before you go -- if I have 900 units in the hotel, and then one of the towers to be serviced by Hyatt Services, so I'm assuming then, people that will be cleaning rooms and et cetera, making beds, you know. How many rooms in total would that be that we would have -- that will be serviced by employees? Mr. May: Mr. Chairman, one point is there is a model that CBR did -- CBRE did on behalf of the City, modelling the hotel rooms and rent, and also modeling what you would get off of the two towers, so there is information available on that and what that would produce to the City. Now, albeit, it's a projection based upon a conceptual plan now that is not -- you know, you, as the Commission,, would have to come back and approve this, a master plan, a year from now, a final development program, as you know. It's in your package, but there is -- the model has been done on -- based on this conceptual plan, just so, you know, everybody understands that. Chair Hardemon: How many rooms would possibly be serviced by hotel employees, or employees that would be servicing these rooms? I heard 900 of them are on the hotel side, but with one tower, how many -- I'll tell you why it's important. I see you kind of moving your hands, wondering what's going on. Wr. Rotenherg: The 18 -- 1,800 Chair Hardemon: I'll tell you why it's important. Hyatt is a hotel. My first question to you is, does -- is it a hotel that -- it doesn't operate within the Labor Peace Agreement, so it doesn't -- Mr. May: Oh, yes, there will be a Labor Peace Agreement signed. Chair Hardemon: No. What I'm saying, but it does not today, correct? Unidentified Speaker: (INAUDIBLE). Chair Hardemon: You just signed one? Okay. So in the future, of course, we want to continue having that. Second of all, because I-- a lot of these -- Whatl've seen is this: In parts of the Miami community, we've had projects that we've all stated needed to have union support, so what that means are electrical, plumbing, general laborers, things like that. Why? Because it brings up the income level that people who are working on the project have, as compared to other projects that are within the areas that are almost on a race to the bottom when it comes to the payments; the wages that people get paid. And so, you know, I don't want to see that, especially when you come to City -owned properly. So that's something that I just -- I think we City of Miami Page 141 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 should consider. So when you consider that and the Labor Peace Agreements; and then, also, I mean, I appreciate that the District 2 Commissioner wants to include some housing within it that's attainable for people. But also, we have projects throughout the City -- I'm an advocate of taking assets like this and being able to bring aid to other parts of our communities that need assistance. So why shouldn't the District 4 Commissioner be able to access some of the funds that are created for affordable housing to make improvements in those -- in the living conditions of people who live outside of the space? Because, at the end of the day, what you're asking of'us is a big lift. I mean, you're asking its to make an amendment to our Charter. Mr. May: Sure. Chair Hardemon: All right? That's not something that you do every single day. Mr. May: Yeah. Chair Hardemon: And I don't want anyone to get the impression that that is something that is light or to be taken lightly. And so, you know, I can understand why Commissioner Carollo wants to know all these different numbers, et cetera. Now, I know we're on the very, very early phase of'all of this, but I think we should all be honest with each other about what it is that we're considering here, and how we're considering moving forward. There's a potential when you're talking adding as many more towers as you are of -- I mean, the reason you're doing this is to make more money; not to make Miami look more beautiful, but, you know -- Mr. May: For everybody, yeah. Absolutely. Chair Hardemon: -- its, to earn more dollars. Mr. May: Yes. Chair Hardemon: But in doing so, you can achieve the goal of making Miami look more beautiful. Mr. May: Absolutely. Chair Hardemon: But it certainly shouldn't be -- we shouldn't end up in another deal that we're not happy, with in moving forward in this way. So I think it's essential that we do everything that we can to make as many of our community partners or our initiatives, or whatever it is that we're trying to accomplish within the City of Miami, make those things attainable for each other. And so, I think every one of the Commissioners have valid concerns that probably need to all kind of be put together. Now the question is, can it be done today? I don't know; maybe we can. Can it be done between today and the next meeting? I don't know; maybe it can. I understand that we want to put this on the ballot, and so you want to have time to really move this thing forward. But then, the next question you have is, what ballot do you want to be on? I know right now, you're talking about August, but maybe that one gets a little crowded. Mr. May: I think all the ballots are going to be crowded. Commissioner Carollo: Well -- Commissioner Reyes: I have a question, if I may. If we place this in a ballot, that doesn't mean that, as he said, but what it's going to do, the result, what -- it's going to give us the authority to enter into the agreement, right? It doesn't mean that City of Miami Page 142 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 placing it on a ballot that the project is -- they could move into the project without our -- Mr. May: Commissioner Reyes, could I put the -- could I just make an attempt to just put the process on the record? Commissioner Reyes: Of course. Mr. May: Because, you know, there's -- I think there's a lot of moving parts here. Commissioner Reyes: Yes, sir. Mr. Mav: And, you know, maybe we can bring it into focus. And certainly, Commissioner Carollo, to your points, no one wants to rush anything here. No one wants to push anything through. You know, it is a big decision, it's an important piece of property, it's an important City asset, and I think everybody wants to try to do the best they can. Commissioner Reyes: Another thing that -- and as we spoke, I was very concerned about the return to City of Miami and what will be the difference between now and then, and if this goes -- I mean, gets accomplished. What -- I mean, this is not the final renderings. This is not going to be the final, okay? Mr. May: That's why I wanted to push the (UNINTELLIGIBLE), yeah. Commissioner Reyes: And I was thinking on what will be some,, I would say, credible or realistic forecast of income to the City, and how it could be performed. But in order to do that, we would have to know what will be the final project, how it's going to look, how many rooms, how many -- 1 mean, the towers, how many apartments they going to have. What are you going to -- I'm going to charge, and the ability -- the possibility if we cannot -- I don't think that the percentage from gross should be cast in stone right now. I think will -- that should be negotiable, also. Mr. May: Absolutely, yes. Commissioner Reyes: Because the maximum will be 7 percent, but we started at a very low percentage, you see. And in order to reach 7 percent of gross, they have to be --probably, the hotel have to full capacity every month. So I will love to see some sort of -- more realistic forecast, but that's not preclude -- that we can start the process, right? Mr. May: Yes. Vice Chair Russell: Mr. Carollo -- Commissioner Carollo, something we did last year had to do with another deal that's coming quite soon, if I'm not mistaken, which had to do with the MRC (Miami Riverside Center) building,, and our lease of that land, and then a complicated swap of land far a new City Administration building to be built. At that time, we had very good faith in our Real Estate/Asset Management Department to negotiate the bestpossible deal for the City. We had the same kind of fears as we do now on the Watson Island "issue,"we'll call it; that all of'our legal -- you know, "T's" are crossed and "I's" are dotted, so that there's no loopholes that can be exploited, no deadlines that can be surpassed; and so, we asked for a third - party real estate -specific attorney to be brought in; knowing that our attorneys are very good at watching the City's best interest and fighting the fights we need to fight, but to take this off their shoulders, and set it with -- I think we hired Weiss Serota in that particular case, and I assume they've been working with your office now, to -- City of Miami Page 143 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 You know -- as the things are negotiated that you get the best deal; they make sure it's water tight. Mr. Rotenberg: Correct. Vice Chair Russell: That's the hope there. And that cost us a little more on the front end, but on the back end -- Commissioner Reyes: Back end. Vice Chair Russell: -- where it all falls apart if it's not tight, was where we save plenty. That's on option here as we go into the negotiation of the lease. Commissioner Carollo: I understand that, and on the legal sides -- on the legal side of it, maybe that's an option that we can still go to on this and other major projects. I don't know. I would have to see what capabilities our Legal Department has, speak to our City Attorney, but I'm not close-minded to that. I want you to know that. What -- Ms. Mendez: Just to say -- Commissioner Carollo: -- those attorney -- Ms. Mendez: -- Flagstone was negotiated by outside counsel. Commissioner Carollo: Yeah. Ms. Mendez: Private outside counsel -- Mr. May: Understood, understood. Ms. Mendez: -- which cost the City about 200 plus thousand dollars. Commissioner Carollo: Who was the firm? Ms. Mendez: Just throwing it out there. Commissioner Carollo: Who was the firm? Ms. Mendez: At the time -- I have the reso there, and I'll show it to you later. Commissioner Carollo: Okay. They're still around or not? Ms. Mendez: Maybe people are around; I don't know about the firms. Commissioner Carollo: Yeah. No, I just want to know if we have any possibilities of suing them for malpractice. Ms. Mendez: I think the statute of limitations is done on that one. Commissioner Carollo: Yeah. But the bottom line with this is that no matter what attorneys we hire or use to give us the input on the legal side, they don't have any experience in negotiating contracts, and that's something that we probably would want to spend money on in the future. Hire the best negotiators that we could find anywhere in America and bring them in to negotiate these kind of'contracts. Now, that's going to bring shivers and raise hairs on a lot of people that have been used to taking advantage of us. But frankly, I don't think too many of us up here have that City of Miami Page 144 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 kind of experience. I do in many large, multi -million -dollar contracts. And if got Trump to say "uncle" first, you know, I think I could find my way through this one. But the bottom line is that I have never heard of such, a proposal, ever, in any kind of business dealing, because the minute you accept it, you're going to be on the losing end of any negotiations; that you're putting this out for the public to vote; that you, not knowing what the final deal is going to be. And what I am saying is that this should not go out to the public to a vote unless we f nish the final deal; otherwise, for any reason, let's say, that we never finish it, we're going to look like fools. They're going to be asking its, "Well, what happened to this? We voted for it. " But knowing how things work, if we go ahead and vote on this without a final deal, that final deal, I am sure, as I am sitting here, is going to be a bad final deal for the residents of Miami. And again, I need time to go through this. I am not going to vote 'yes" on something that was recently thrown at me that everybody else has had a long, long time to go through. And frankly, I -- no matter what I've been told here, I know better. If it wasn't given to me before, then there was a reason for it. Now, Mr. May, you said that there were documents, and can you go over those documents that you said that either you or the Hyatt had given to staff? Mr. May: No. We have not given anything to the staff CBRE, which is the City's real estate consultant for this transaction, did two things that I'm aware of. One is, they modeled the program that we described to you earlier. And the second thing they did is, they did some projections on taxes -- right? -- on what the tax return to the City would be. And Commissioner Reyes requested that when we met with him. Commissioner Carollo: Well, that's important for its to know, but they're two different animals. Mr. May: Yes, for sure. Commissioner Carollo: Whatever we end up getting in taxes -- Mr. May: Yeah. Commissioner Carollo: -- shouldn't interfere with the deal that we do upfront. Mr. May: Not at all. Commissioner Carollo: You know, we got to pretend that -- Mr. May: Yeah. Commissioner Carollo: -- we're not going to make any taxes, because that's a whole different animal. Mr. May: Correct. Commissioner Carollo: Did we -- Mr. May: But that -- It was done on -- it was also done on the program itself, modeling the rents to the City. Commissioner Carollo: Did we get copies of that? Unidentified Speaker: Were they sent out? Mr. May: Yeah. City of Miami Page 145 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Mr. Rotenherg: No. Commissioner Carollo: You didn't think that was important, either, to have? And I appreciate that you told me about that. Mr. Rotenberg: Right now, it is important, but the numbers are not anywhere near something more nebulous. Commissioner Gort: It's not ready yet. Mr. Rotenberg: This is a proposal for a concept right now. Commissioner Gort: It's not ready to go (UNINTELLIGIBLE). Commissioner Carollo: Last but not least -- Commissioner Gort: It's not ready to go to the voters. Commissioner Carollo: -- let me sav this: The August election is a primary election; that the people that are going to be going to vote are Repuhlicans/Democrats, Democrats/Republicans, because they're primaries. We're going to be disenfranchising -- Commissioner Reyes: A lot ofpeople. Commissioner Carollo: -- about a third of our voters that are registered "Independent. " And that's not right, either. It's another point to bring out. So I really don't think this is ready to be put in a ballot until November. We'll have plenty of time to work and negotiate the right deal for the City. And look, I'm sure the Hyatt people, they're tough negotiators, but, you know, we can work something out with them. They're reasonable people; especially if they know that this side is not going to be a chump; that we can negotiate well, too. I believe the numbers that we have here will be better. Maybe we need to do something else to massage what they have and come up with some additional deals that maybe they haven't even thought about that could bring additional dollars to the deal that would make it sweeter and better for both sides. But to vote for this today to put in the August agenda [sic], I can't vote on it. I think it's way too soon, and we should only place this to a vote once we have the whole deal structured. Commissioner Reyes: Mr. -- You see, and I see your point, Commissioner Carollo. And just to inform you, I know that they are two different animals, but I wanted to know the total of revenues that the City was going to -- Commissioner Carollo: Sure. Commissioner Reyes: -- receive. But as I said before, I do agree that we need -- I mean -- more credible or more, I would say, realistic forecast. And if now you don't feel and some of the Commission doesn't feel at ease by rushing this to the August ballot, why don't we try for the November ballot? And then, more information will be received by everybody, and we can negotiate everything and we'll bring -- place it. It's only a couple oj'months. Mr. May: Commissioner, whatever the will of the Commission is, you know, we're happy to entertain it. Commissioner Reyes: You see, I would propose that we keep on negotiating and asking -- That will give you more time, it will give me more time, and everybody City of Miami Page 146 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 more time to massage this a little bit. And any type of doubts or any type of questions, or any type of suggestions -- Mr. May: Yes. Commissioner Reyes: -- you see, we will make to you or the team. But the only thing that I'm going to ask is make the team -- your team available to work with all of its and the Commission. Mr. May: Absolutely, Commissioner. Without a question, we would be open to that and cooperate, and enter into those discussions. You know, two points that I just want to make, which don't dispel anything that's been said. It's -- you know -- but just two things to -- that I think is important contextually to understand. One is, the MOU that's before you is essentially the same MOU that was before you last -- not you -- not you two; you weren't here -- but was before the Commission last July. There's only two things that really changed in my understanding. I could -- there might be other tweaks, but the major things that changed were the rent percentages on the hotel went up some, and the minimum went up some fiom last summer. And also, the developer guidelines that are in the package were developed off of the notion that, at the time, the Commission wanted more of a open space, green space. They wanted to see more of a signature or a destination. Commissioner Reyes: Go -- Mr. May: So I say, that to you only because I think, you know, if we're continuing forward, we certainly, want to make sure that we're getting the inputfrom everybody -- right? -- and that., you know, we're -- when we're negotiating, we're negotiating with everybody, and covering all the ground that we can cover. Commissioner Reyes: When I was making my comments on Commissioner Russell's requirements, you see, and I asked you that I wanted to see how that was going to impact the development, you see. Mr. May: Yes. Commissioner Reyes: How much -- I mean, if it is going to affect the number of rooms, the size of the hotel; and also, if it affects the number of rooms and the size of the hotel, it will affect the revenues of the hotel; and therefore, it would affect out- revenues. urrevenues. Mr. May: Right. And you know -- Right. Commissioner Reyes: And I would like to see that, too. Mr. May: That's a very good point. Chair Hardemon: Commissioner Gort, and then the Vice Chairman. Commissioner Gort: Let nae tell you, I think the project's beautiful. I think you've made a lot of changes in the last 10 years; it looks a lot better, but I don't think you're ready to go to the voters, and the reason being, the voters need to know in specific what's going to take place, because, as was stated before, the -- you're talking about -- and I asked this question before: "Welt, what is the development? Who's going to select it? What is the commitment? How do we know after it's approved b_' the voters that we're going to maintain this commitment?" That's got to be part of the negotiation. There's got to be a document there that's going to ensure that what the voters voted for is going to take place. City of Miami Page 147 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mr. May: Commissioner, let me -- I want to address that just because the process that's before you -- and this might be a chicken -and -egg situation, but I think it's something that everyone should at least think about, which is the reason that the process is structured the way it is, is because Hyatt's in the middle of a lease the last six years and about to come up on, you know, an extension in 2023/24, whatever the year is. Commissioner Carollo: That's a long way off, Brian. Mr. May: It is. Commissioner Carollo: It's not about -- Mr. May: It is. Commissioner Carollo: It's a long way off Mr. May: It is. And so -- but what's interesting is that there seems to be a lot of will to try to do something better on the site, both from the Hyatt's perspective and, I think, f oin the City's perspective, for a whole lot of reasons, you know; revenue, for what the site looks like; it needs a lot of updating. I think everybody agrees on that. But the problem that Hyatt has is that to go out and spend really a lot of money -- right? -- selecting a developer, doing architectural plans, and getting a final deal with a developer on two residential towers, and what we would call maximizing the revenue potential on the site, it costs a lot of money -- right? -- before they know that they can go forward -- right? -- that they have some approvals or some signoff from the electorate that, "Hey, we want to redevelop the site. " So I just say that because I think it's something that the Commission should think about, as well. That's the chicken and egg for them, as the developer, right? I mean, normally, you know, people would do that potentially as part of a process, but they would know they're going to the electorate. This is a little bit different, and 1 think it's presented some challenges, and that's really the reason why the structure that's in front of you is in front of you. So I just wanted to put that on the record. Vice Chair Russell: Thank -you, Mr. Chairman. And this did come to me, in my opinion, late, as well, in the last couple months here, but I've been very impressed with Mr. Rotenberg's office, as well as the Hyatt folks, in their flexibility with the proposal, the designs, and the numbers. They've worked with myself and my, staff over these last several weeks, and it's moved very quickly. I didn't think there was any chance we could be at this moment right now and ready to vote on this, but I am satisfied. I really believe that if the numbers that Mr. Rotenberg and his office have negotiated come true, and we take what is a one -and -a -half -million -dollar property and turning it into an eight -to -ten -million -dollar property over this next four to five years, that's a win for the City. And if we can mold it into the best possible project that serves our residents and the community and as an example for good development in Miami, there's another win. If the ballot language is clean enough that whatever details are negotiated in the master plan and the lease still fall within those parameters, I think that this chicken or egg could work; it could work. And so, I think the task ahead of them at this point is to give the same attention to your offices that they have to mine, to see if they can get you comfortable with where those numbers are. And I'm talking about our Real Estate/Asset Management Department, the Hyatt folks, and our Legal Department, as well, because that's a -- that's -- as Commissioner Carollo very aptly pointed out, the worst part is if we get what looks a great deal, but it ends up hurting us in the end, because of whatever disagreements we didn't figure on, and we didn't negotiate the best legal terms and et cetera. So I've made the motion on this already, and it has a second, but I can sense that there City of Miami Page 148 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 is not the will here to vote on this today. I would like to give it the chance to get on this coming ballot by removing my motion and moving to defer this to the May 24 agenda. And if it has a shot, it has a shot; il"it isn't, so be it, as you said. Commissioner Carollo: Well, 1 -- Chair, once the Commissioner's done, can 1 add some further questions? Chair Hardemon: Yeah. The entity? Commissioner Carollo: Well, I'd like to ask questions of the Hyatt representatives from Chicago. Chair Hardemon: Okay. Commissioner Carollo: I think I would get some clearer information from them directly. Chair Hardemon: Okay. I'll allow that. Commissioner Carollo: Okay. Chair Hardemon: But I will say, I agree with Commissioner Gort. I believe I am also in agreeance with Commissioner Reyes and Commissioner Carollo, in that it's not ready for the ballot. Commissioner Carollo: Yeah. Chair Hardemon: And I'm not in no rush to put it on the ballot. 1 haven't been presented with anything that shows me that I should be in a rush to present -- to put it on the ballot; that's August or November. I mean, this -- it matters not to me, you know, which one it goes on, because it -- I haven't been proven that this is something that we need to do, so -- Commissioner Carollo: I agree. I don't think we need to revisit this. We should make up our minds now. But, you know, I'll go along on that with the majority. But, Tiffany, if -- How long you been with the Hyatt? Tiffany Donato: I've been in. the corporate office ofHyattfor about 19 years. Commissioner Carollo: 19 years. Okay. I have to assume that whatever plans you all originally had -- When I was a kid living in Chicago, I didn't use that "you all," that we picked up here -- but I have to assume that you had some other original plans that were probably quite different than what you have here. Off the top of your head, do you remember how many units, rental units were included in those other plans? Ms. Donato: Well, as far as rental units and --? Commissioner Carollo: Well, you have two towers now -- Ms. Donato: Right. Commissioner Carollo: -- with 900 -- Ms. Donato: Right. City of Miami Page 149 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: -- apartments each; 1,800. Your original plan, did it have more than 1,800, less? Ms. Donato: Well, as far as a little bit of the -- I'll even call it the relatively brief history of looking -- Commissioner Carollo: Yeah. Ms. Donato: -- at plans for the site, obviously, you know, for more than 10 years, 1 think various people at Hyatt have been working with the City to try to figure out what we do here. From the standpoint of the existing asset, I don't think meets the needs of Hyatt or the City from what we want on, the investment, but the lease is short enough, with certainty enough, to justify a major reinvestment of those items. Commissioner Carollo: Sure. Ms. Donato: I know -- then years ago, there was a plan, and Hyatt had reached out to various developers of,' "What are some plans we can come up with to present something more exact?" The feedback from the development community was, "Candidly, it's a waste of our time to put all the time and effort into a master plan when we don't know if the City is going to agree to anything. " So, you know, we're expending all this time and money, and then we go to the City, and they don't give us more term [sic], we don't know the parameters, we don't know those types of things. That's what -- a little bit of what's created this chicken and egg. When my, associates were working on this a year ago, brought it to committee, again, it was the -- "Here's the MOU, here's the rent., " and to give just a little aside as far as what the economics might look like. If we applied the newly negotiated rent structure to how the existing hotel performs now, the City would be earning about 2.3 million instead of 1. 6, so it's relatively double. And part of that was to account for the fact that it needs to also assume and cover anything that you might be making or should be making on the Knight Center. So if nothing changed and we rebuilt a brand-new hotel that performed just like the one that's there is, we'd be doubling the rent. Commissioner Carollo: Yeah, but -- well -- Ms. Donato: That's not a deal Hyatt would do, but -- Commissioner Carollo: -- well, not at the hotel. What I got here was that -- Ms. Donato: Right. Commissioner Carollo: -- we're getting, strictly hotel, a million -seven. Ms. Donato: Right. Commissioner Carollo: You just said that we would be getting 2.3; that's 600,000 more. Ms. Donato: If all we built was a hotel that is the same size and performs exactly as the existing hotel does -- Commissioner Carollo: Okay, the same size. Ms. Donato: --you would get 2.3. Commissioner Carollo: Oh, okay. City of Miami Page 150 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Ms. Donato: So what we basically did is -- Commissioner Carollo: All right. Ms. Donato: -- it's a little bit of an unrealistic situation, but maybe a good comparison if you took -- Was this for 2017, 2018, maybe? If we took one year of actual performance for the hotel that generated 1.6 under the existing structure, if you applied the new rents for just the hotel component to that very same year, you would have gotten 2.3 instead of 1.7. Commissioner Carollo: Do we have inn this contract that was negotiated so far anything that, after "X" amount of years, that percentage goes up a tick? Ms. Donato: Well, you -- Commissioner Carollo: It can't possibly be 7 percent for the whole 99 years. Ms. Donato: Well, the -- it's a percentage of revenues, so anything that would otherwise apply to CPI (Consumer Price Index) or what goes on gets increased by the balance that the revenues increase. So because it's on revenues, there's the alignment that, as the hotel performs better, the City's getting a -- Commissioner Carollo: Well, it's an assumption -- Ms. Donato: Right. Commissioner Carollo: -- not necessarily so. Ms. Donato: Right. Commissioner Carollo: But that's for another -- Ms. Donato: I mean, I certainly can't say that -- Commissioner Carollo: Yeah -- that's for another time to get into. Ms. Donato: Yeah, yeah. Commissioner Carollo: But I guess what I'm trying to ascertain is, what else did you have in mind? Because what I'd like to see is this, if you want to bring it back, and we are negotiating, but if you have another idea that we haven't seen, I'd like to see it. Ms. Donato: Well, that's -- Commissioner Carollo: And if it's something that can make you more money, but it's going to make the residents of Miami more money, I'd like to see it. I don't have a closed mind of what has to go there. Some of the renderings that I'm seeing, they're nice, it's different, even though I think you all could do even better. But that's part of our problem in Miami. You go to Coral Gables -- it's only 50,000 in population -- and, boy, you can't just put up any building there. Ms. Donato: Right. Commissioner Carollo: They have very strict guidelines, and that's why you see some beautiful buildings there. And you come to Miami and you see some that are beautiful, and some that you wonder, you know, "What were they thinking when they City of Miami Page 151 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 built it like that?" But all that I'm trying to come back with is the best possible deal for Miami, and if there are other ideas that you had out there. You know, bring its this, and then bring us Plan "B, " that used to be your Plan "A, " maybe, and we could look at it all. Ms. Donato: Right. And again, part of what we're trying to do with this process -- because we have, obviously, had ongoing conversations with developers; and obviously, this is in the press, and they've reached out on that. And they've kind of said, "As soon as you have some sort of clearance or a vote, then we'll dig in. " And I think we agree that in addition to the fact that we're not tied to what has to be on the rest of the site, and if' -- We wanted to put together a concept, because I think what was presented a year ago had some economics. And then, you sit there and say you can do 4,000 units on the site with zoning. We wanted to put something together that proposed showing that you can greatly increase what's built on the site. And the productivity, economically and for• the community, to both Hyatt and the City, while also providing green space, is another thing -- Commissioner Carollo: Sure. Ms. Donato: -- that it's not that you're going to -- Commissioner Carollo: Yeah. Ms. Donato: -- build a cube with 4, 000 units in it. So that was to help kind of give an indication that you can align the interest of the City, Hyatt, the community, and all those things together, and a beautiful project that also makes economic sense to everyone. We think that competition generates creativity. So what we wanted to do is say, "Listen, here's kind of the rent on the structure. We know what's zoned. " We wanted to add this list of developer guidelines to help somewhat address -- you want the building to be attractive; you want green spaces; you want to make sure you have these parks, so that we're giving some guidelines. But within that, we want developers to come with all of their creative ideas. There are, I guarantee, things that no one in this room has thought of that will make money or will make sense or will benefit the community. Commissioner Carollo: Well, I -- Ms. Donato: And we want that competition -- Commissioner Carollo: Ilike that. Ms. Donato: -- to come into play. Commissioner Carollo: I like that very much. Ms. Donato: Right. Commissioner Carollo: That's really what I was trying to -- Ms. Donato: Right. Commissioner Carollo: -- you know, give you to -- Ms. Donato: Right. Commissioner Carollo: -- leave with that idea -- City of Miami Page 152 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Ms. Donato: Right. Commissioner Carollo: -- which I think you have a firm grasp on it. Ms. Donato: Right. Commissioner Carollo: You know, 1'd like to see something like that, also -- Ms. Donato: Right. Commissioner Carollo: -- besides what you have here today. Ms. Donato: I think our problem is -- at least conversations with the developers thus far, and as the seen this come to vote, now it'll be two times without success -- is maybe they feel it's a waste of their time -- Commissioner Carollo: Well, I -- Ms. Donato: -- to truly throw everything at it. Commissioner Carollo: -- don't think so. You haven't heard -- Chair Hardemon: Right. Commissioner Carollo: -- I don't think, anything from anyone up here that's shutting this down. Ms. Donato: Right. Chair Hardemon: It's a matter -- you have to put -- Commissioner Carollo: 1 certainly have not -- I hope I haven't -- Ms. Donato: Right. Commissioner Carollo: -- given you that impression. Chair Hardemon: Some of us have only spoken about it for less than, you know, 10 minutes. Commissioner Carollo: What's that? Chair Hardemon: Some of its have only spoken about it for less than 10 minutes. Commissioner Carollo: Yeah, yeah. Chair Hardemon: So, you know, this is a -- an asset that you're asking for a 99 -year lease upon. None (?f us here will outlive -- Commissioner Carollo: Yeah. Chair Hardemon: -- this asset. And so, its, worthy -- I mean, things like this can take a year to negotiate. Things like this can take a year to come up with the right terms of 'an agreement to make sense to present to voters; some things may not. Ms. Donato: Right. City of Miami Page 153 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: So, you know, I'm here every meeting; and so, I don't look at it as, you know, we've been here six times. You know, if it gets better, it gets better, it gets better, and then it's at -- it's its best, because the worst thing that can happen is we spend as little time on it as possible, and then you put it on the ballot, then it doesn't pass. So, you know, you at least want to -- want its to believe in the project. Ms. Donato: Right. Chair Hardemon: And 1 think that's what this is all about, its coming to that. But, you know, I don't want to spend all of our time on this if we've decided that we're going to move this to another agenda. And so -- Vice Chair Russell: I've made a motion. Chair Hardemon: -- the motion -- I don't believe the motion was seconded. Commissioner Carollo: 1 don't -- Chair Hardemon: The motion was to move it to the 24th? Commissioner Carollo: -- need --for me, I don't need to bring it to another agenda. I'm not going to change my, mind on it. I don't see how this can go to a vote in August; plus the extra, what I mentioned. We're having a third of our voters that aren't going to vote in August, because they can't vote in primaries; they're independent voters. So I think this should go in a ballot where all voters are coming out to vote on. Ms. Donato: Okay. From our perspective, if the decision is, you know, August ballot versus November ballot, that's obviously something we can be flexible with. It's -- you know your city best and what works best for your voters. The clarity probably is -- you know, obviously, we want to continue to work with you, but I think it's still with the idea that -- We're trying to get an MOU to provide a framework so that we can get a vote so that there's enough of that movement to get the developers to truly engage with everything as opposed to a, "Call me once you have a vote, " a little bit. So if there's kind of the clarity that we're going to continue to work, but with the understanding of -- Let's clarify the MOU. Let's clarify the economics. Let's make sure that we're all clear on what we think is a very aligned deal. I think, you know, the City and Hyatt are on the same page; that we want something beautiful. Our name is going to be on it; the City's name is on it. We're in hospitality. We want the whole site to be welcoming, both to everyone in, but also to give back to the community in an expanded basis. So I think we truly are aligned,- we ligned;we just need to maybe get clarity on process and how the numbers work. And if anything, I think part of -- if I was making any faces, it's because in our minds, this deal is almost borderline too generous to the City right now. So the idea of kind of taking it further -- What I don't want to do is impact the deal so that we run through all of this, we get a vote, and the developers look at the guidelines and some of the other restrictions, and say, "It's not worth a billion dollars. " So we're trying to get the right balance. It seems like we're aligned if we can all get together on the process. And -- Chair Hardemon: Well, Commissioner Reyes -- Ms. Donato: -- we're happy to continue working. Chair Hardemon: -- I'm not a developer, but my president is, and if -- when I think about the terms of this agreement and I think about where we are today, the city that City of Miami Page 154 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 we're in, any developer would be -- well, to me -- would jump at an opportunity to be a partner -- Ms. Donato: Right. Chair Hardemon: -- in this sort of development, and being -- I mean, when I think about Mr. Karp -- your offices are in North Miami, right? Mr. May: 29th and Biscayne. Chair Hardemon: Right. "29th, "you say? Vice Chair Russell: Yeah. Chair Hardemon: Do you have one that's on 100 -something? I've seen that place, as well. Mr. May: It's a project we've been working. Chair Hardemon: Ah, it's a project. Okay. So -- Commissioner Gort: I'm sorry; I didn't hear the -- Vice Chair Russell: His office is in my district. Chair Hardemon: Well, his office is in the Commissioner's district. But nonetheless, what I'm saying to you is that I don't think anyone's just going to drop wanting -- to want to participate in this deal because of this time period. And, you know, we -- in the City of Miami, people like for us to rush; hurry up, hurry up, hurry up, hurry up. And, I mean, as you can tell by the tone and the pace of Commissioner Carollo's voice, I think we've even slowed down a little bit. Ms. Donato: Right. Chair Hardemon: And sometimes, I think it's for the good. So I don't -- Commissioner Reves: If,tmay? Chair Hardemon: -- think anyone is going to be scared away from this site. Commissioner Reyes: If I may? Chair Hardemon: It's a great site. Commissioner Reyes: I do agree with the Chairman. I don't think that in this Commission -- and me, in particular -- we don't want to turn this down. Ms. Donato: Right. Commissioner Reyes: As a matter of fact, I think -- I like the project. I told you when I saw it. And I like it, and I think that it would be great for the City of Miami. But there are certain questions, you know, that have to be tweaked. And the only thing that -- I think it's logical, and Commissioner Carollo made a good point on voters' participation also, because I know my city. I don't know how people are going to be --you know, some of'them are -- they are going to react to it. And a couple of months is not going to help -- I mean hurt anything. And as a matter of fact -- City of Miami Page 155 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Ms. Donato: A couple of months is fine. Commissioner Reyes: -- I think it will be more beneficial, because Commissioner Carollo has some doubts. You can clam it. I have some doubts, also, on the request of more green space, how that is going to affect the -- and I think that's something that you should address, you see; that amendment that it has to have 150 feet this way and all that. And we have to know and you have to know how much that is going to affect your development. And then, we will have a clear picture of what's going on. And 1, for one, I -- as I told you -- and 1 don't change my mind so easy -- and when we talk about the economics of the project and all of that. And talking about -- I mean, the percentage -- that -- one thing that we have to take into consideration -- and that's why I agree on a percentage, and I prefer the percentage more -- is that, as you well know, room charges change, just by the -- by inflation. Ms. Donato: Right. Commissioner Reyes: They change, and they keep on going up. So if we have a 7 percent, you see, I know that we're going to have the 7 percent of whatever rate we are getting at the time. And the rate and the charges -- room charges keep on increasing, so will our -- Ms. Donato: Right. Commissioner Reyes: -- the revenues to the City. But I don't know if you can -- that 7 percent, you can make it -- I mean, you don't have to have the full -- be in -- work in full capacity for the City to get 7 percent, because as I heard, the percentages, how does it work? How does it --? 1 mean, if you have so much in gross revenue, it's going to be 5 percent, 10 percent, and sometimes it's almost impossible to reach 7 percent, and that's my only little concern that I have. And then 1 want to know -- also, I want to know how it's going to be affected by the conditions that were presented here, that this -- okay? Chair Hardemon: So hopefully, we can get those questions answered by the time this comes back again. Right now, there's a motion on the floor that has not had a second yet, but I guess it's to -- Vice Chair Russell: Defer to May 24. Chair Hardemon: -- defer RE.8 and RE.9 to May 24 meeting. Vice Chair Russell: Yes, sir. Chair Hardemon: Is there a second on that? Commissioner Gort: Second. Chair Hardemon: Okay. Its been properly moved and seconded. Commissioner Gort: Discussion. Chair Hardemon: You're recognized. Commissioner Cort: Well, I'd like to make sure that your proposal, it has the documents that ensures the individuals that vote for it, they're going to get what they voted for. It's got to be a legal contract which states, "This is what's going to be done, " okay? City of Miami Page 156 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: And -- sorry to drag this out, but 1 would like to make a point that I'm recognizing here that 1 really do appreciate on this dais, and this is a learning lesson for our Administration and for applicants to the City that this Commission cannot be the last stop. There's no reason this should feel rushed right now, because you've been working on this with us for over a year. So in July, when this failed last year, there probably should have been a meeting at my office in August, saying, "What did we -- "What can we do better to make this get on a ballot a year from now?" And so, that was almost a year ago. The two new Commissioners have been in nowfor six months. And if you had come to them six months ago, I bet we'd be at a 'yes" here today, because whatever they need to feel comfortable; whatever they need to make it theirs, as well; whatever is important to them and the constituents of their district, in the whole of ' Miami; and whatever experience they can bring to the situation to make it better, we'd have baked the cake by now, I think. And it just feels rushed, but it shouldn't have. And that's also within our department, as well, because this only came back to even me, as the district Commissioner, in this past month, month and a half. And so, I think we can get there. And, because, like I said, you've been very diligent with me over this past few weeks, and I am comfortable, and perhaps they will be, too, by the time we get back here to look at this for an August or November ballot. But at least with a two-week deferral, we have a chance. It may still go on the November instead. I understand the reasoning,, but let's keep talking. Ms. Donato: And in a little bit of defense of the other people in this room, from Hyatt's side, when it was turned down last year, there was the thought of this deal was so good for the City. If they turned it down for any reason, they're probably not going to agree to anything. There was a little bit of a discussion on it at the end of the year, and then 1 was assigned to it in January, and I'm typically acquisitions dispositions. Let's get this billion -dollar deal done in the next month. So I am -- probably to the dismay of half the people in this room -- very aggressive. And I jumped in, in January, so I think the level of information or via the (UNINTELLIGIBLE) that everyone started getting onn this is because I'm more of a, "Let's move this. What do we have to do?" person. So some of that quiet period, I know there were Administration changes and things like that. But also, on Hyatt's side, there was a little bit of a -- "This deal was already so good. I don't know what else were going to do to make it work. " And I jumped in and said, "Let's at least throw everything we have at it, and see if we can make something work before we give up on this location that we really like. " So to some of the defense of the other people in the room from Hyatt's side, there was also a little bit of a pause in engaging, because we had to make a decision of,' "Are we going to give this another shot, or do we just take our name of the building and continue collecting money, and see how long that rent rolls out?" So a little bit of the quiet period and then rush was on our side,, as well. But obviously, we -- I jumped in, we've re-engaged, and we're trying to see if we can make something work; and hopefully, we can, in the period that we're discussing, so that -- Commissioner Reyes: We will. Ms. Donato: -- we can keep that momentum going. So -- Commissioner Reyes: We will. Ms. Donato: --yeah. City of Miami Page 157 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Reyes: And I know we will reach an agreement. Ms. Donato: Perfect. All right. Chair Hardemon: Seeing no further discussion on the motion -- Commissioner Carollo: Just one more question I have for her that could affect my vote here now. Tiffany, there's a very historic plaque in front of the Hyatt and on the side that's a bronze plaque that was put in there when it was built that's got Mayor Maurice Ferre's name as Mayor. It's historic, because we don't have Vice Mayor's anymore, and I was the Vice Mayor at the time. You could find a way to keep that historic plaque on the other side, in the bottom of the new one that you're going to put in, right? Ms. Donato: We're happy to keep the plaque. I don't know if 'I can guarantee, with the level of demolition we have to do, that it's going to be exactly in the same spot, but we are, again, very aligned with -- we know there's archeological aspects, historical aspects -- Commissioner Carollo: I'm teasing, really. Ms. Donato: But again, I -- as much as you're teasing -- Chair Hardemon: I say throw it in the bay. Commissioner Reyes: No, but it's a good idea. Chair Hardemon: Throw it in the bay; I heard Maurice can swim. Ms. Donato: As much as you're teasing, we are obviously interested in representing the community, both indoors and out, and anything we can do to help address anything like that is -- that's an easy give. Commissioner Carollo: You had some real pillars of Miami there. Ms. Donato: Right. Commissioner Carollo: Maurice Ferre, J. L. Plummer, Theodore Gibson. Ms. Donato: Right. Commissioner Carollo: [forgot who the other one was, but nevertheless, I wanted to make sure it wouldn't end up somewhere in underground Chicago maybe at the Brews Brothers Bar, or somewhere in there. Ms. Donato: Right., right. I think the TSA (Transportation Security Administration) rules make it hard for me to take that back, but yeah; things like that, we need to save them. Chair Hardemon: Seeing no further discussion, all in favor of'the motion to defer, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. Thank you very much for your time. City of Miami Page 158 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 RE.9 RESOLUTION 3967 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), APPROVING, SETTING FORTH, AND Estate and Asset SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER Management AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"); AMENDING SECTION 29-B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY," TO AUTHORIZE THE CITY COMMISSION BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE AN AMENDED AND RESTATED LEASE WITH HYATT EQUITIES, LLC, TO EXTEND THE CURRENT LEASE TERM TO A TOTAL OF NINETY-NINE (99) YEARS, TO EXPAND THE LEASED PREMISES TO INCLUDE THE LAND UPON WHICH THE CONVENTION CENTER IS LOCATED, AND AMENDING THE PARKING AGREEMENT, WITH AN ANNUAL BASE RENT PAYABLE TO THE CITY OF MIAMI ("CITY") OF AT LEAST TWO MILLION DOLLARS ($2,000,000.00), PLUS ADDITIONAL PROFIT PARTICIPATION RENT FOR OTHER USES, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS, TO BE REDEVELOPED PURSUANT TO A COMPREHENSIVE REDEVELOPMENT MASTER PLAN, INCORPORATING THE JAMES L. KNIGHT CONVENTION CENTER LAND, REQUIRING CITY COMMISSION APPROVAL; CALLING FOR A SPECIAL ELECTION TO BE HELD ON AUGUST 28,2018; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION, WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note far the Record: Item RE.9 was deferred to the May 24, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item RE.9, please see "Public Comment For Regular Item(s)" and Item RE.8 City of Miarni Page 159 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 RE.10 RESOLUTION 4079 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Commissioners THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED and Mayor ("CHARTER"), FOR CONSIDERATION AT THE SPECIAL ELECTION TO BE HELD ON AUGUST 28, 2018, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND THE CHARTER TO CHANGE TO A STRONG MAYOR -COMMISSION FORM OF GOVERNMENT BY ELIMINATING THE OFFICE OF CITY MANAGER; TRANSFERRING THE POWERS OF THE OFFICE OF CITY MANAGER TO THE MAYOR; MORE PARTICULARLY BY AMENDING SECTIONS 4, 12, 15, 16, 17, 20, 21, 24, 25, 26, 27, 29-A, 36, AND 51 OF SAID CHARTER. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For additional minutes referencing Item RE.10, please see "Public Comment For Regular Item(s)." Chair Hardemon: All right. So now, we're in the RE (resolution) agenda. I think that with the RE agenda, it kind of begs a high-level discussion, and that's if -- I think the first question we have to ask ourselves is, if the Commission believes that there needs to be a change to the system of government. 1 think that's the first question that we have to ask ourselves, because then it gets into the rest of all of this. Commissioner Carollo: I agree, but I think that we could cut through [sic] the chase tonight. Look, I am fine and I think the City is fine with the system we have right now. I put these different possibilities on, because I thought we were going to be seeing an August primary for a super strong Mayor. There still might be a possibility on that, but I tend to think less of a possibility, because of the time constraints, but there might be; but if there is, then we could discuss this. Now you have the different other possibilities there; plus, I think, one more that the City Attorney might have handed out, so you could familiarize yourselves with them; you could discuss it with her. And if, for any reason, the super strong Mayor is going to be on for August, then we could have the opportunity to discuss how many of these we want to put up, because I think that if the public is going to have an opportunity, for [sic] vote for one, then they should have an opportunity to vote for different kinds and they -- let them choose then whichever one they think is best. But outside of that, I don't think we need to go any further with this tonight, unless you want to discuss it any,further, Chairman. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized, Commissioner. Vice Chair Russell: So thank you. I disagree a little on that. I don't think we should be confusing our voters. I think what we, through public hearing process here, should make our decision; once whatever's brought to us as a suggestion, we work City of Miami Page 160 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 on it, and we put forth that up or down vote for our residents. So I -- you know, I -- but I appreciate that we're not taking this up, because I really feel that the Commissioner has made his point by bringing these up, by putting them on agenda, and it's been well made. But I feel like we're getting a little bit pulled into a fight here that I'd rather us not do. 1 would move that we withdraw RE. 10 through 21, and then we deal with this as it comes, if a petition comes, if a -- if the Mayor brings something forward, but -- Commissioner Reyes: Or we can defer this, also. Vice Chair Russell: -- for us to -- Commissioner Reves: (UNINTELLIGIBLE) defer -- Vice Chair Russell: -- I feel like we're just muddying the waters a little bit, so that would be my motion. Commissioner Reyes: By deferring -- Commissioner Carollo: I prefer to make a motion to defer it for a later date. That date might be, you know, well into -- past August, September or so, but maybe not even this year. I mean, it's -- I will tell you what happened the last time that there was a petition drive to collect signatures, for a strong Mayor. Once the County went through them, they found that 43 percent of those signatures werefraudulent., and the petition was thrown out. So there's a long way between now and then. I don't think we need to get into it tonight. You have drafts now, so you could get an idea and you could read it with plenty of time before this, if it needs to come back again, and then we deal with it. But the purpose that I placed it in the agenda today was that there was going to be another proposal; that I truly feel our residents should have the right to vote on all the possibilities so they could decide which one they like the most. Vice Chair Russell: So I understand that was a -- it was a preemptive strike and -- but nothing's happening right now -- Commissioner Carollo: Exactiv. Vice Chair Russell.- -- and that's why I moved to remove it, so that it's not on our agendas that we're even thinking or considering of the Caesar form of government. I think it just -- Commissioner Carollo: Well, actually, I made a mistake on that. It should be "little Caesar, " like 'pizza, pizza. " But the -- Vice Chair Russell: So I have a motion anyway. Commissioner Carollo: -- I'd prefer, Commissioner, to -- you know -- yours has been second -- Vice Chair Russell: So -- Ms. Mendez: We can -- Commissioner Carollo: -- if'we could defer -- Vice Chair Russell: -- you could always bring it back again at that point (UNINTELLIGIBLE). City of Miami Page 161 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Ms. Mendez: -- indefinitely defer it and -- Vice Chair Russell: We know that. Thank you. Commissioner Carollo: Well -- Ms. Mendez: Somebody's cranky. Commissioner Carollo: -- look -- Vice Chair Russell: No, but, I mean, I have a motion onn the floor. I don't -- Commissioner Carollo: -- as long as -- look, I'll second it for the purpose to discuss it. Chair Hardemon: Two people have motions, but we don't have a second on either one. Commissioner Carollo: Yeah. No, no, no. He's got a motion. I'll second it for the purpose of discussion; as long as you understand that were withdrawing it with the caveat that we could bring it back at any time, if we have to deal with any other change of government issues that are coming up, and that could be part of the motion. Vice Chair Russell: Thank you. Chair -- Chair Hardemon: It's been properly moved and seconded. And 171 say -- I'll make a comment. I mean, I'm not sold on the idea that we need a change in government yet, and -- you know, I'm not there yet. And so, I understand that there's a petition drive. And every -- the Mayor has every right to pursue a petition drive, but it's up to this body to determine whether or not we want to -- As individuals, independent of the Mayor, without even considering what he's doing, it's up to this body, the legislative body, to determine whether or not we want to actually change our form of government, and if we decide that we want to, then our opinions do matter -- Commissioner Reyes: Yes. Chair Hardemon: -- about what we decide that we want to put before the voters. And if we decide that we do not want to, then, I think, certainly, there has to be something -- This body has a responsibility of trying to protect itself. And how you go about doing that, you know -- Commissioner Carollo: Well, there are a lot of -- Chair Hardemon: -- this could be one of them. There's all kinds of ways. Commissioner Carollo: -- yeah. There's a lot of ways. Chair Hardemon: But -- Commissioner Reyes: I want to add that our -- the first thing that we have to do is de personalize this. Chair Hardemon: Right. City of Miami Page 162 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Reyes: What we are doing -- whatever change of government that it is adopted, but the one that we have, it will have consequences, and we have to understand what the consequences are. It is not that it is the current Mayor or anything, because we're going to have other people that they're going to come after its. What are we going to leave for the people that come after us? That's something that we have to -- Chair Hardemon: Absolutely. It's a big decision. So it's been properly moved and seconded to withdraw. Any further discussion on the withdrawal? Seeing none, all in favor of the motion to withdraw, say "hello " --1 mean, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? The motion. carries. Commissioner Carollo: Okay. RE.11 RESOLUTION 4080 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER and Mayor AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") TO PROVIDE A STRONG MAYOR -COMMISSION STYLE OF GOVERNMENT EFFECTIVE NOVEMBER 2021; ELIMINATING THE OFFICE OF CITY MANAGER; TRANSFERRING THE POWERS OF THE OFFICE OF CITY MANAGER TO THE MAYOR; MORE PARTICULARLY BY AMENDING SECTIONS 4, 12, 15, 16, 17, 20, 21, 24, 25, 26, 27, 29-A, 36, AND 51 OF SAID CHARTER; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD AUGUST 28,2018; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE. 11, please see "Public Comment for Regular Item(s) and Item RE. 10. City of Miami Page 163 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 RE.12 RESOLUTION 4082 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Commissioners THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE and Mayor CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR CONSIDERATION AT THE SPECIAL ELECTION TO BE HELD ON AUGUST 28, 2018, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO PROVIDE, COMMENCING IN NOVEMBER, 2021, A COMMISSION - MANAGER STYLE OF GOVERNMENT; REMOVING THE OFFICE OF MAYOR; REMOVING THE POWERS OF THE OFFICE OF MAYOR AND PROVIDING THE CITY MANAGER WITH THE POWERS PREVIOUSLY POSSESSED BY THE MAYOR; CHANGING FROM FIVE COMMISSION DISTRICTS TO FOUR AND PROVIDING THAT A FIFTH COMMISSIONER BE ELECTED AT LARGE TO SERVE AS CHAIRPERSON OF THE COMMISSION; MORE PARTICULARLY BY AMENDING SECTIONS 4,7,9,12,14,15,16,17, AND 21 OF SAID CHARTER. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.12, please see "Public Comment for Regular Item(s) and Item RE. 10. City of Miarni Page 164 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 RE.13 RESOLUTION 4083 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), APPROVING, SETTING FORTH AND and Mayor SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") TO PROVIDE, COMMENCING IN NOVEMBER, 2021, A COMMISSION - MANAGER STYLE OF GOVERNMENT; REMOVING THE OFFICE OF MAYOR; REMOVING THE POWERS OF THE OFFICE OF MAYOR AND PROVIDING THE CITY MANAGER WITH THE POWERS PREVIOUSLY POSSESSED BY THE MAYOR; CHANGING FROM FIVE COMMISSION DISTRICTS TO FOUR AND PROVIDING THAT A FIFTH COMMISSIONER BE ELECTED AT LARGE TO SERVE AS CHAIRPERSON OF THE COMMISSION; MORE PARTICULARLY BY AMENDING SECTIONS 4,7,9,12,14,15,16,17, AND 21 OF SAID CHARTER; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON AUGUST 28,2018; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort Carollo, Reyes Note for the Record. For minutes referencing Item RE. 13, please see "Public Comment for Regular Item(s) and Item RE. 10. City of Miarni Page 165 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 RE.14 RESOLUTION 4084 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Commissioners THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE and Mayor CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR CONSIDERATION AT THE SPECIAL ELECTION TO BE HELD ON AUGUST 28, 2018, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO PROVIDE, COMMENCING IN NOVEMBER, 2021, A COMMISSION - MANAGER STYLE OF GOVERNMENT; AMENDING THE POWERS OF THE OFFICE OF MAYOR AND TRANSFERRING ALL OF THE ADMINISTRATIVE POWERS PREVIOUSLY POSSESSED BY THE MAYOR TO THE CITY MANAGER; MORE PARTICULARLY BY AMENDING SECTIONS 4,7,9,12,14,15,16,17, AND 21 OF SAID CHARTER. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.I4, please see "Public Comment for Regular Item(s) and Item RE.10. City of Miarni Page 166 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 RE.15 RESOLUTION 4085 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), APPROVING, SETTING FORTH AND and Mayor SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") TO PROVIDE, COMMENCING IN NOVEMBER, 2021, A COMMISSION - MANAGER STYLE OF GOVERNMENT; AMENDING THE POWERS OF THE OFFICE OF MAYOR AND TRANSFERRING ALL OF THE ADMINISTRATIVE POWERS PREVIOUSLY POSSESSED BY THE MAYOR TO THE CITY MANAGER; MORE PARTICULARLY BY AMENDING SECTIONS 4,7,9,12,14,15,16,17, AND 21 OF SAID CHARTER; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE COUNTYWIDE PRIMARY ELECTION SCHEDULED FOR AUGUST 28, 2018; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort Carollo, Reyes Note for the Record. For minutes referencing Item RE15, please see "Public Comment for Regular Item(s) and Item RE. 10. City of Miarni Page 167 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 RE.16 RESOLUTION 4086 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Commissioners THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE and Mayor CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR CONSIDERATION AT THE SPECIAL ELECTION TO BE HELD ON AUGUST 28, 2018, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO PROVIDE A COMMISSIONER -MANAGER STYLE OF GOVERNMENT; CREATING A SEVEN (7) MEMBER CITY COMMISSION COMPOSED OF FIVE (5) COMMISSIONERS ELECTED IN DISTRICTS, ONE (1) COMMISSIONER ELECTED AT LARGE, AND A MAYOR ELECTED AT LARGE; PROVIDING FOR A CITY MANAGER AS THE HEAD OF THE ADMINISTRATION; MORE PARTICULARLY BY AMENDING SECTIONS 4, 12, 15, AND 21 OF SAID CHARTER. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.] 6, please see "Public Comment for Regular Item(s) and Item RE. 10. City of Miarni Page 168 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 RE.17 RESOLUTION 4087 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), APPROVING, SETTING FORTH AND and Mayor SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") TO PROVIDE A CITY COMMISSION -MANAGER STYLE OF GOVERNMENT; CREATING A SEVEN (7) MEMBER CITY COMMISSION COMPOSED OF FIVE (5) COMMISSIONERS ELECTED IN DISTRICTS, ONE (1) COMMISSIONER ELECTED AT LARGE, AND A MAYOR ELECTED AT LARGE; PROVIDING FOR A CITY MANAGER AS THE HEAD OF THE ADMINISTRATION; MORE PARTICULARLY BY AMENDING SECTIONS 4, 12, 15, AND 21 OF SAID CHARTER; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD AUGUST 28,2018; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort Carollo, Reyes Note for the Record. For minutes referencing Item RE.]7, please see "Public Comment for Regular Item(s) and Item RE. 10. City of Miarni Page 169 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 RE.18 RESOLUTION 4088 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Commissioners THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE and Mayor CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR CONSIDERATION AT THE SPECIAL ELECTION TO BE HELD ON AUGUST 28, 2018, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO PROVIDE, COMMENCING IN NOVEMBER, 2021, A COMMISSION - MANAGER STYLE OF GOVERNMENT; MAKING THE MAYOR A MEMBER OF THE CITY COMMISSION; CHANGING SOME OF THE POWERS OF THE OFFICE OF MAYOR AND PROVIDING THE CITY COMMISSION WITH SOME OF THE POWERS PREVIOUSLY POSSESSED BY THE MAYOR; MORE PARTICULARLY BY AMENDING SECTIONS 4,7,9,12,14,15,16,17, AND 21 OF THE CHARTER. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.18, please see "Public Comment for Regular Item(s) and Item RE. 10. City of Miarni Page 170 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 RE.19 RESOLUTION 4089 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), APPROVING, SETTING FORTH AND and Mayor SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") TO PROVIDE, COMMENCING IN NOVEMBER, 2021, A COMMISSION - MANAGER STYLE OF GOVERNMENT; MAKING THE MAYOR A MEMBER OF THE CITY COMMISSION; CHANGING SOME OF THE POWERS OF THE OFFICE OF MAYOR AND PROVIDING THE CITY COMMISSION WITH SOME OF THE POWERS PREVIOUSLY POSSESSED BY THE MAYOR; MORE PARTICULARLY BY AMENDING SECTIONS 4,7,9,12,14,15,16,17, AND 21 OF THE CHARTER; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON AUGUST 28,2018; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort Carollo, Reyes Note for the Record. For minutes referencing Item RE19, please see "Public Comment for Regular Item(s) and Item RE. 10. City of Miarni Page 171 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 RE.20 RESOLUTION 4090 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Commissioners THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE and Mayor CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR CONSIDERATION AT THE SPECIAL ELECTION TO BE HELD ON AUGUST 28, 2018, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO PROVIDE, COMMENCING IN NOVEMBER, 2021, A "STRONG EXECUTIVE MAYOR" FORM OF GOVERNMENT; REMOVING THE CITY COMMISSION AS THE LEGISLATIVE BODY OF THE CITY, REMOVING THE OFFICE OF THE CITY MANAGER, AND TRANSFERRING THE POWERS FORMERLY POSSESSED BY THE CITY COMMISSION AND CITY MANAGER TO THE MAYOR; MORE PARTICULARLY BY AMENDING SECTIONS 4, 5, 6, 7, 9, 12, 14, 15, 16, 17, 19, 20, 21, 23, 24, 25, 26, 27, 29, 36, 37, 38, 40, 43, 45, 48, 49, AND 51 OF SAID CHARTER. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.20, please see "Public Comment for Regular Item(s) and Item PE. 10. City of Miarni Page 172 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 RE.21 RESOLUTION 4091 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), APPROVING, SETTING FORTH AND and Mayor SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") TO PROVIDE, COMMENCING IN NOVEMBER, 2021, A STRONG EXECUTIVE MAYOR FORM OF GOVERNMENT; REMOVING THE CITY COMMISSION AS THE LEGISLATIVE BODY OF THE CITY, REMOVING THE OFFICE OF THE CITY MANAGER, AND TRANSFERRING THE POWERS FORMERLY POSSESSED BY THE CITY COMMISSION AND CITY MANAGER TO THE MAYOR; MORE PARTICULARLY BY AMENDING SECTIONS 4, 5, 6, 7, 9, 12, 14, 15, 16, 17, 19, 20, 21, 23, 24, 25, 26, 27, 29, 36, 37, 38, 40, 43, 45, 48, 49, AND 51 OF SAID CHARTER; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON AUGUST 28,2018; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort Carollo, Reyes Note for the Record. For minutes referencing Item RE.21, please see "Public Comment for Regular Item(s) and Item RE. 10. RE.22 RESOLUTION 4100 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), SUPPORTING THE EFFORTS TO BRING THE Commissioners FORMULA 1 RACING CIRCUIT TO THE CITY OF MIAMI FOR THE and Mayor FORMULA 1 MIAMI GRAND PRIX FROM 2019 TO 2028, AND TO DIRECT THE CITY MANAGER TO FORMALIZE THE NECESSARY CONTRACTUAL AGREEMENT BETWEEN THE CITY OF MIAMI AND FORMULA ONE WORLD CHAMPIONSHIP LIMITED. ENACTMENT NUMBER: R-18-0190 City of Miarni Page 173 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item RE.22, please see "Public Comment for Regular Item(s)" and "End of Consent Agenda. " Chair Hardemon: Now, we have Formula 1, right? Who is here with Formula I? Some of the same people, expect for this well-dressed gentleman that just raised his hand reluctantly. You, sir. You are the -- you are -- who's coming now for "The Price is Right. " So what I'd like to do is then at least get one of them out the way, because I know they -- we have --people traveled from out of state to be here -- Commissioner Carollo: Well -- Chair Hardemon: -- and then the County wants to move forward with some stuff, too. Let's hear fNom -- Commissioner Carollo: Yeah, what -- Chair Hardemon: --RE.22. Commissioner Carollo: --does Commissioner Diaz have? Chair Hardemon: Well, he's with RE.22, which is the Formula I item. Commissioner Carollo: Formula 1. Chair Hardemon: So that's what we're going to call. Commissioner Carollo: Okay. Chair Hardemon: All right. So RE.22, regarding Formula 1, is there someone from the Administration that's going to help us with this monster? Commissioner Carollo: Well, can't -- Chair Hardemon: How are we presenting --who's going to present it? Commissioner Carollo: -- could we possibly do this? I mean, this is an item that's going to take some time, and it's basically the same people, except one, that I don't think it'll really make a difference now for him to come back a little later. Can we hear from Commissioner Diaz on it; and then, can we hear these two items after lunch sometime? But at least, let's give Commissioner Diaz the opportunity. Chair Hardemon: I know he spoke earlier, but Commissioner Diaz, please step to the microphone. Was there --? Miami -Dade County Commissioner Jose "Pepe" Diaz: Thank you, Mr. Chairman. Thank you, Commissioner Carollo. Commissioner Carollo: Nobody's behind you, right? City of Miami Page 174 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Diaz: No. Actually, there's a big line that goes after, I guess. Commissioner Carollo: Well (UNINTELLIGIBLE). Chair Hardemon: Was there some sensitivity in time with respect --? Because I know you've been here, so there's obviously -- Commissioner Diaz: 1 have to be at the County right now, actually; they're waiting for me. Chair Hardemon: Okay. Commissioner Diaz: This same item is being presented there at this time, so I really appreciate you letting me speak briefly. Commissioner Carollo: Well, why do we have all these guys here and none over there? Commissioner Diaz: They're supposed to be over there, but things got a little long here this morning -- Chair Hardemon: Right. Commissioner Diaz: -- and I know that you have a lot of patience,, and you've been through a lot -- Chair Hardemon: So -- Commissioner Diaz: -- especially holding your lunch. Commissioner Carollo: That's no worry. Chair Hardemon: -- that's (UNINTELLIGIBLE) -- Commissioner Carollo: They could go back with you and -- Chair Hardemon: But that's part -- Commissioner Carollo: -- then come back in the afternoon. Commissioner Diaz: We'll see what we could do right now, sir. So with that, it is extremely important you guys basically -- Formula 1, you know, is a world -renown sport that is probably the pinnacle of all types of racing. It is an incredible, an incredible future that our monarch city, which is used to holding the very best, will be holding,, hopefully, with your support and the support in the County. This is something that, as we know, over 200,000 people show up to see this type of racing could come to this community. And it's over 1.3, I believe, 1.3 billion people that watch every, single race, and they have over 500 hardcore -- 500 million hardcore fans. So this is something for our community that is incredible. I want to thank you all ahead of time. I'm sorry I cannot stay for the whole item. I know the Mayor's been working a long time. I've been working on this for years now, also, since it was brought to our attention. It came from the City, and came to me, since I was prior Commissioner of Sports, and it's something that I think that we're a global city and a global county, and this is the pinnacle to add all the sports together, and I think we are the world leader in sports. And I cannot talk about -- I really cannot continue to say the amount of levels that we could go on and get into, because, obviously, we're limited to what could be said because of negotiations that could be taking place. All City of Miami Page 175 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 I could tell you is I believe that this is an incredible financial gain for the City, and the County and South Florida, and way beyond the levels that we've seen before. It's like basically having a Super Bowl every year, so that is an incredible thing for all of us. And with that, I know the Mayor and everybody else -- I got to get to the other side, so thank you for allowing me to speak. Commissioner Carollo: Thank you. Commissioner Diaz: Thank you all. God bless. Chair Hardemon: Mr. Mayor. You want to ask a --? Mayor Francis Suarez: Thank you, Mr. Chair. Vice Chair Russell: I fust have a quick question, for the Commissioner (UNINTELLIGIBLE). Has the Port taken an official position on this as -- with regard to access for the Port ofMiami? Commissioner Diaz: They're supportive, sir; the port has. Mayor Suarez: Thank you, Mr. Chair. Commissioner Diaz: Thankyou. Mayor Suarez: I want to echo Commissioner Diaz's comments. He took some of my talking points, but definitely, FI is a worldwide sport, with, approximately 1.8 billion TV (television) viewers annually. I agree that it would help in the transition of making the City of Miami from a gateway city to a global city. It has a potential economic boost of over $2.8 billion, between the years of 2012 and 2015, in other areas -- in downtown Austin -- which is the only other city in the United States that has the Formula I Race. So we would only be the second city in the United States that has a Formula I Race. We would be probably the only city in the world that has Formula I in all five major sports. Obviously, you've -- we've seen mostly letters of congratulations and support. But, obviously, the presidents of both BNA and DNA have expressed concerns. And although their letters are generally supportive of the concept, they have, you know, also expressed concern. And I think part of this process is giving the Manager the ability, to begin the negotiations process; and, of course, incorporate their concerns and listen to their concerns as part of the process going forward, because, certainly, you know, one of the things that we first mentioned when the group came to Miami was that we were concerned about the residents' quality of life in downtown based on other events and other major things that are happening in that area. And they were very receptive to that and understanding of that in sort of their course development and the way that they have approached this issue. So I urge you to support this as a first step; and certainly, at some point, there will be, hopefully, an agreement that will come before this Commission that will be vetted by the community and by you all and be voted on. Thank you. Chair Hardemon: Madam City Attorney. Mayor Suarez: By the way -- one last thing. I want to thank the co-sponsors, as well, of the legislation; Commissioners Cort, Carollo, and Reyes, for cosponsoring this legislation. I commend them for their leadership. Commissioner Carollo: Thank you, Mayor. If I ma_y, Chairman, quickly, before the Mayor would leave? City of Miami Page 176 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: Okay. Commissioner Carollo: I agree with everything you said, expect, for one thing. Mayor Suarez: Okay. Commissioner Carollo: This will not make the transition ofMiami -- Mayor Suarez: It's already there. Commissioner Carollo: -- of a gateway city, to a global city. We've been a global city for some time. Mayor Suarez: Agreed. Commissioner Carollo: Thank you. Chair Hardemon: Madam City Attorney. Victoria Mendez (City Attorney): Yes. I fust wanted to clarify that there's a substitution on RE.22. "Whereas FI is also engaging, among other entities, with Miami -Dade County, the Florida Department of Transportation, the Bayfront Park Management Trust, and Port Miami regarding the event. " So Bayfront Park Management Trust was also added to this. And then, pursuant to Chairman Hardemon's advice, we also added, "Further directing that the Manager involves the appropriate City ofMiami employees in this process. " Chair Hardemon: Well, it's important. I guess, let me chip in right at this point since -- It was very important to me what the president of our -- many of our waste collectors believes, because, essentially, it's an opportunity for them to have some -- it's an opportunity for them to earn dollars during this time, instead of it all being piped out to some private company to be able to collect on what's happening within our City of Miami. So I think that is the -- one of the best things that we can do to assist them in generating more dollars to put more food on their table when things come to the City of Miami. But additionally, you know, I found it -- I had an experience with NASCAR (National Association for Stock Car Auto Racing) at the time when. I was in elementary school. I had a relative that was working in County government, and at the time, he took me to ann event with NASCAR. I have a picture to remind me of that event. And being born and raised in Liberty City, it was something I had never experienced or thought of or saw. I mean, the closest we got to cars moving fast were go-carts, and I couldn't afford to get one of those. So I remember going to the event, and one thing that stuck out in my mind -- I was a kid - - was there was this bin, and in the bin there was ice cream. And I remember going to the bin, looking at the ice cream, opening it up, seeing it, but not seeing an attendant. And so, I went back to my family member and I said, "I want ice cream, but I don't see anyone there to buy the ice cream. " And he said, "No. You can take the ice cream. " And I said, "Oh, no, I'm not taking any, ice cream I can't take the ice cream. " That doesn't make any sense. You don't -- no one -- you know, you don't take the ice cream. But essentially, the ice cream was there for everyone who wanted ice cream, and you didn't have to pay for it. And so, I think back on -- upon that because never had I ever really seen any advertisement towards my demographic for NASCAR, I mean. And now you're talking Formula 1, which is probably more exclusive than NASCAR. And I would say as an adult that I've never been targeted in Formula I racing. And I can imagine, if-- this thing can come to our community and we never have an opportunity to really engage in that aspect. And so, it got me thinking. When I look at this agreement -- There's a summary agreement, "Exhibit A - Summary of Hosting Terms. " And one of the terms on Part City of Miami Page 177 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 "B " says, "Whereas, FI is in the process of appointing a company affiliated with Stephen M. Ross to be the potential promotor (and collectively with FI, the event parties) of a proposed Formula I Miami Grand Prix, which event would take place within the City of Miami's City limits, " and then it goes on. But essentially, what it's saying to me is that Stephen Ross has some affiliated companies that are going to have parties and help promote this event. Wonderful, right? These are all wonderful things. But it would be probably the first of its kind to have a company associated with someone that promotes events within the City of Miami and Miami - Dade County that can help diverse the crowd. When I was at the Electric Race that we had just a few years ago, I was -- and 171 say it this way, because this is what I mean -- I was the only colored person in the room, and I just so happened to be there because I was the Commissioner. Right? People of color notices these things, because it was a wonderful event. I mean, it was really a family event. The space where I was, was beautiful. And so, I say all that to say, I want to be able to see more people like me come to these types of spaces, and I think part of the way that you do that is by diversifying who it is that's promoting the events. It's fine to promote football, because that's what Stephen Ross, I believe for the most part, is known for. I'm sure he's done many other things besides that, because he had to afford to buy that team; and to afford to buy that team, you had to do something before you became an owner. But what I'm saying is that I would like to see this organization -- in the same way that we want to add those terms, add terms of an organization that has a headquarters in Commissioner Gort's district that provides for Miami Beach -- on the Miami Beach side of town -- a million -- tens of millions of dollars in attracting people of color; also, though, people who are Spanish and white to come to those spaces, like the Fontainebleau. And so, what I'd like to ask is that we add in that a gentleman by the name of Michael Gardener,, that he also be included in that, because he is one of the individuals that helps attract people of color to spaces that they would normally not be. If it were not for him, then you wouldn't have people of color traveling to the Fontainebleau. And we know the Fontainebleau has a rich tradition in entertainment, but it was really off limits for a long time, but now people of color feel comfortable going there. And I want to see that sort of involvement, along with the president of our union to be included in this agreement, because I think it would make a difference in how it's perceived in the City of Miami. And also, do something for -- to show maybe FI that, "Hey, there are more opportunities in this for people that" -- "than you have actually" -- "that you've seen. " That's what my amendment will be to it, as well. Commissioner Rice: Mr. Chairman. Chair Hardemon: Yes, sir. Commissioner Reyes: I -- truly, I agree wholeheartedly with what you say, and I think that this is a great opportunity. And I also have to take this moment to recognize -- because you have to give credit where credit is due -- our former Mayor Tomas Regalado. He was very active in working this -- I mean, trying to implement this, too. And I think -- I'm veru happy that our present Mayor has taken over and has done a great job in trying to get this into fruition, you know, and getting this done. And I do agree with everything that has been said, and I will -- I'm going to vote in favor of our City Manager studying the agreement with -- or at least entering into conversation with Formula 1. Emilio T. Gonzalez (City Manager): Yes, sir. Commissioner Carollo: Chairman? Chair Hardemon: You're recognized. City of Miami Page 178 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: I want to put on the record that I think it was about January, February that I met with the Formula I people in my other capacity as Chairmann of the Bayfront Park Trust, and I told them -- and I was very specific -- that we couldn't give them Bayfront for free. I'm concerned that even though the Bayfront Park Trust is a separate entity, that the City of Miami is going to be negotiating, and Bayfront Park is not going to be at the same table, because I think we really need to do this as one hat so that we know what each side is doing. So if -- Chair Hardemon: I believe that's the amendment that the City Attorney wanted to add in there, which includes Bayfront Park Management Trust to be a seat -- to have a seat at the table. Commissioner Carollo: That's what I'm going to. Now, what I did understand was all those entities are going to have a seat in the tables and then negotiations from the City side. Ms. Mendez: 1 would think the Mayor would have to answer that part. Commissioner Carollo: Well -- no, no, no, no. This is the -- this is the question on the resolution. Mayor Suarez: Not yet. Commissioner Carollo: Mr. Chairman understands it one way; I don't. That's why I want to make sure that Bayfront Park is part of the negotiations, with the City together, so that we could do this as one. I mean, I know Bayfront Park is a different entity, but we're not in Tallahassee. We're a part of the same city, and we need to work together. Ms. Mendez: Then -- Mayor Suarez: Yeah, I would agree with that. I don't have any issue with that. Commissioner Carollo: Okay. Ms. Mendez: Then instead of "engaging with, " I would say "negotiating with " to make sure, because "engaging" can mean many things. Commissioner Carollo: You're absolutely correct, and that's why I think the Chairman thought of it that way. But I think we need to spell Bayfront Park separately, with the City of'Miami on the negotiating side, because the other entities are County that -- they do their own thing. Ms. Mendez: Okay. Then I'll make them two separate "whet -eases. Commissioner Carollo: Okay. Chair Hardemon: And then ultimately -- so this thing will come back to the City of Miami, of course, right? Mayor Suarez: Absolutely. Chair Hardemon: I really do want to make sure that the entities that were described on this board today are taken very seriously -- Mayor Suarez: Yeah. City of Miami Page 179 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: --into how they play apart in this. And I think -- Mayor Suarez: Of course. Chair Hardemon: -- that there's a place for everyone to make this thing move forward in a way that is positive. Mayor Suarez: Awesome. Chair Hardemon: Is there any further discussion? Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Carollo: I just want to make one last statement. Chair Hardemon: Not yet; we're just talking (UNINTELLIGIBLE). Commissioner Carollo: You know, I was one of the few here that was around back in the heydays when we had racing in downtown, so I'm very familiar with it. And those were the years that, for seven years in a row, I was Chairman of the real Sports & Exhibition Authority, when we had the Panthers, the Heat, an Arena, and so on. But having said that, I think we need to look at this very seriously. We have several thousands of new residents that live downtown that we didn't have there before, and we need to decide how many and which are the activities that we want downtown, because if we're going to be having major activity that disrupts, either through noise or street closures, the lives of all these thousands of residents, we're going to end up being sued. I'm going to tell you, th.ey're probably going to win suits. So, you know, as a family, we need to look at this from the Commission side and from the Trust side also. And having said that, I'm ready to move forward, because this is only authorizing the Administration to sit down, discuss, negotiate, and come back to us for a final ruling. Chair Hardemon: Okay. So I'll take that as a motion to approve, as we've discussed on the record. Commissioner Carollo: Exactly, yeah, with the amendments made. Chair Hardemon: Seconded by Commissioner Reyes. And I'll recognize the Vice Chairman. Vice Chair Russell: Thank you very much, Mr. Chairman and Mr. Mayor. And as the Commissioner for the district where the race is going to happen, certainly I have opinions. And I'm not a sponsor of this item, because I have not had a full presentation on what is involved. And despite being supportive of FI and FI coming to this City, I believe the hat that I need to wear throughout this entire process is to make sure that our residents are represented well and that FI would leave the City better than they found it, physically, and that our employees are represented well. I do have good faith in our Management to negotiate well. So I am -- I'm cautiously supportive and eyes wide open, but don't mistake that for a negative sentiment. I just want to make this the best possible opportunity and look at it that we can have. And beyond that, I will vote `yes" today to give the Management the opportunity to begin negotiations, of course. Chair Hardemon: Thank you. Seeing no further comments from the dais, all in _favor of'the item, say "ave. " The Commission (Collectively): Aye. City of Miami Page 180 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: All against. Motion carries. Todd B. Hannon (City Clerk): As amended. Chair Hardemon: As amended. Commissioner Gort: When are we coming back? Commissioner Carollo: Mr. Manager, you did understand that amendment, right? Chair Hardemon: Right. And so -- Commissioner Carollo: We're going to be (UNINTELLIGIBLE). Chair Hardemon: -- it's our lunchtime now. Is 4 o'clock fair? Or should we do 4:30? Unidentified Speaker: 4:30. Chair Hardemon: 4:30? 4:30 (UNINTELLIGIBLE). Commissioner Carollo: What time is it? Chair Hardemon: It's 2:05. And I know it takes time to get out here; people start grabbing you. Vice Chair Russell: It's a late lunch. Commissioner Carollo: 5? Chair Hardemon: You want to do 5? Be back at 5 o'clock. Come back at 5. Vice Chair Russell: 5? Chair Hardemon: 5; almost three hours. RE.23 RESOLUTION 4109 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), AMENDING APPROPRIATIONS RELATING TO Management and THE GENERAL FUND, DEBT SERVICE FUND, SPECIAL Budget REVENUE FUND, AND INTERNAL SERVICE FUND FOR THE FISCAL YEAR 2017-2018, PURSUANT TO RESOLUTION NO.17- 0475, ADOPTED SEPTEMBER 28, 2017, FOR THE FISCAL YEAR ENDING SEPTEMBER 30,2018; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS IN PROGRESS; AND PROVIDING FOR APPLICABLE EFFECTIVE DATES. ENACTMENT NUMBER: R-18-0193 City of Miami Page 181 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carolio, Reyes Note for the Record. For additional minutes referencing Item RE.23, please see "Public CommentforRegular ltem(s). Chair Hardemon: So, pretty much, I mean, I think it's probably, best that we take our midyear and our capital budget amendments at this point. Commissioner Reyes: Yes. I have some questions on R22 [sic] and 23. You see -- Vice Chair Russell: 23 and 24? Commissioner Reyes: I've seen -- okay. Vice Chair Russell: We're on the budget, 23 and 24. Commissioner Reyes: I know that we have in project numbers over here, 408183619 and all the way -- and it says that there is some transfer of funds, and the explanation says it's transferred to Southwest 22nd Avenue Roadway Traff c Calming. And I want the Chief CIP (Capital Improvements Program) Officer -- I mean, on -- to please explain in detail where those funds are going to be used. What is the use of those funds? Are -- those funds come from where; the streets and sidewalk, and things like that -- right? -- from all the projects. And why -- and what -- why they are called "22nd Avenue Street Calming, " and what are they -- specifically are going to be used for? Steven Williamson: Good evening, Mr. Commissioner. Steve Williamson, Director of Capital Improvement. So as you know, we've been working together with your office on a solution for 22nd Avenue, and what we've asked the Budget Director to do is set aside some money for next year as we work through a plan with your office and the community to try to find a solution for 22nd Avenue. Commissioner Reyes: Well, trying to find a solution, sir, and as we have this thing going that we did the other day that we met, and you had your ideas about further studies, further reviews, and further everything, and I was in total disagreement with it. And I told you the tirne for studies is over. It's the time for action. Are the -- any of these funds are going to be used for studies? Mr. Williamson: No, sir. Commissioner Reyes: And what are these, funds going to be used for? Mr. Williamson: At this point, we do not know. We're actually working with your office right now. We're going to see -- Commissioner Reyes: Oh. That means that you're going to use these funds and you're going to work with us and to -- I mean, this is -- Mr. Budget Director, sir, are these funds -- anv funds that is -- that the -- you're placing out on Southwest 22nd Avenue Traffic Calming Project, is this part of the original assignment -- funds assignment that -- before Mayor Suarez left that he defended the project, and that was -- those funds were placed someplace else? City of Miami Page 182 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Christopher Rose (Director, Office of Management and Budget): Yes, sir. Commissioner Reyes: So this is part of that? Mr. Rose: This is the money that was defunded at the first budget hearing on September 19, and it was placed in a holding account. Commissioner Reyes: That's right. Mr. Rose: And now it is being placed -- Commissioner Reves: And these -- Mr. Rose: -- back into a new project. Commissioner Reyes: A new project, but the -- what new project is that? Mr. Rose: It is "B" Number 183619. Commissioner Reyes: But could you define? Because the project on 22nd Avenue has not been approved yet. That project -- I mean, its in the process of sending the requirements as by Miami -- by Dade County, Miami -Dade County, you see, that we have to send them some information in order to approve,, or request changes; whatever it is. Now, we are parking this money over there,, and I don't want any .funds that were going to be used for the beautification and the traffic calming of 22nd Avenue to be used in any other thing but that, you see. I mean, that is my -- and 1 have a great concern with it, because, I mean, I don't like the way things are going. Yes. Mr. Williamson: Oh, yes, Mr. Commissioner. As you know, we met with you and your team two nights ago, I believe. Commissioner Reyes: Yes, sir. Mr. Williamson: And then, also, yesterday, we sent a summary of our discussion, and as one of those items that we mentioned and you all agreed to is that we would send up your recommended design to the County to take a look at and that -- either make recommendations or approve, as we sent forward. If there is going to be any work done on this project, we have to put money against it; and so, therefore, we have placed that money -- requested the Budget Director to place that money there, as your office, my office, and the County -- Commissioner Reyes: Okay, sir. Mr. Williamson: -- works on this to come up with the proper design. Commissioner Reyes: Did you include in that -- in -- when you sent the project, you sent the drawings and all that to the -- to Miami -Dade County, you include what they had requested before? They were requesting an accident report that the -- your office should have, because it was done before; left turns and all of that, were they sent, too? Mr. Williamson: No, sir, we haven't sent it yet. I knew we'd have this discussion today, and so, we planned to send it tomorrow, after we had this discussion. Commissioner Reyes: So they haven't been sent yet. You're going to be -- City of Miami Page 183 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mr. Williamson: No, sir. Commissioner Reyes: -- sending it. When are they going to be sent? Mr. Williamson: Planning --plan -- as we agreed two nights ago, we were going to wait till Friday to send these. Commissioner Reyes: Okay. You're going to be sending Friday. So -- Mr. Williamson: Yes. Commissioner Reves: -- these funds, they are not going to be used for any studv, any analysis, or the project is going to be delayed anymore, because we are going to reanalvze and reanalyze it? Mr. Williamson: Well, the steps -- number one, we have to come up with a approved design from the County. Commissioner Reyes: That's right. Granted, if the County does not approve the project, you see, then we will work on it, but we will work on a basis of what the Count, says, right,' Mr. Williamson: Yes. We will take their advice, yes, sir; of course, we will. And then we'll work -- Commissioner Reyes: Okay. Mr. Williamson: -- with the County, we'll work with your office; we'll actually work for the citizens, as well -- Commissioner Reyes: Yes. That's one thing that we cannot forget -- Mr. Williamson: -- to come up with the best design. for 22nd Avenue. Commissioner Reyes: -- because as soon as we get a project that is approved or that we get the comments from the County, I'm going to take this to the citizens, because let me tell you this: I mean, it's for six months we've been working very hard on this, you see, and I -- the day that we finish this project, let me tell you, I will be able to sleep a full night again, okay? Because I don't -- not going to let these people down. So I can be assured that this money is going to be only for the project, what it is approved? Mr. Williamson: I very clearly made it known to the Budget Director that is the plan. And I want to make you sleep well at night, because I want to sleep well at nights, as well. Commissioner Reyes: Okay, sir. Okay. Well, thank you very much, sir. Mr. Williamson: Yes, sir. Vice Chair Russell: So we're currently in discussion on item RE.24, the midyear capital budget amendment. Is there a motion on this item? Commissioner Gort: Move it. Vice Chair Russell: It's been moved. Is there a second? City of Miami Page 184 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: This is solely on capital? Vice Chair Russell: This is solely on the capital, on the -- on RE.24. Commissioner Carollo: What is the total amount that we're talking on the capital side? Commissioner Reyes: 3 million, but --1 have it here; wait one second. Vice Chair Russell: I'm sorry, I can't -- Todd B. Hannon (City Clerk): Oh. I believe the Budget Director may be able to assist with that question. Vice Chair Russell: Of course. Mr. Rose: So the new money, which is delineated in Exhibit "A" is 15.665 million, of which -- a lot of that is grant money that we're recognizing; some of it is new appropriations, which are included in RE.23. So ifl may, Mr. Vice Chair -- Vice Chair Russell: Yes, sir. Mr. Rose: -- ask that RE.23 pass first, because RE.24 flows from RE.23; my apologies for that. And then on Exhibit 'B, " which is the re -appropriations, there's no net change; it's just moving projects -- money from one project to another project., so it's a zero sum gain on Exhibit "B." Commissioner Carollo: How much of this money is being placed in therefrom -- I guess what I'm saving is, How much of this money is actually real new money; not monies that we're moving around from different accounts? Mr. Rose: That would be the 15 million of Exhibit "A, " sir. Commissioner Carollo: The whole 15 million. Okay. Can you read into the record for the public that might be watching this so they can know where that money is coming from? Mr. Rose: Sure. It's going to take me just a moment. So that is on Exhibit "A" of item RE. 24. It's entitled, "New Appropriations." So the first -- 21 -- the whole first page is grants until Line 22. Lines 24 through the end of Exhibit "A" are -- I take that back. Lines 24 through -- Vice Chair Russell: 54. Mr. Rose: -- well, through 45 are general fund; and then, 46 to the end are special revenue funds,, non -general fund monies. So it's coming from multiple different sources, sir. Commissioner Carollo: All right. But you're requesting that we do 23 first, because, like you said, it flows into 24. Mr. Rose: Yes, sir. Commissioner Carollo: And I could certainly see why. So let's move to 23 then City of Miami Page 185 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Vice Chair Russell: Gladly. We'll table RE.23 -- 24 -- and we will take up item RE.23. Is there a motion on item RE.23? Commissioner Reyes: Let -- can I ask something -- Vice Chair Russell: Of course. Commissioner Reyes: --for the -- because I'm still a little concerned about this. Is - - it is -- is it necessary to reassign all this money now for that -- in that -- into those accounts, or can we leave it where they were before, and then we can ask them back? Mr. Rose: Completely at the will of the Commission, sir. Commissioner Reyes: I'd rather have them where they were before and leave it -- I mean, don't touch it now. Vice Chair Russell: Which ones? Commissioner Reyes: It is going to be 40 -- Project (UNINTELLIGIBLE), what it is. All that is traffic calming devices on Southwest 22nd Avenue. You know them. Mr. Rose: I do. Commissioner Reyes: Yes, sir. Mr. Rose: If -- I don't want to put words in your mouth, sir, but just for clarity, it's item RE.24, Exhibit "B,"Lines 41 through 45. Vice Chair Russell: I'm looking at it now. Commissioner Reyes: Yes, sir. Mr. Rose: So -- Commissioner Reyes: Okay. Because I still -- I'm still more comfortable keeping them there -- you see; that's so nobody can touch it -- than to have it now. And when we ready to use them, then we use them, because, you know, I've been in -- remember, I was a budget guy before, and we tend sometime to get our hands in the cookie jar when the money is there. Okay. Vice Chair Russell: So that'll be an amendment to RE.24. Commissioner Reyes: That's right, sir. Vice Chair Russell: When we do RE.24 -- Commissioner Reyes: That's right, sir. Vice Chair Russell: -- that'll be amending line items 41 through -- say it again. Mr. Rose: 41 through 45 ofExhibit "B." Vice Chair Russell: Exhibit -- oh, of Exhibit "B." All right. So let's hold, though, and we'll make the amendment appropriately once the motion is made on that item. Let's take up item RE.23, if we could, the midyear budget amendment. City of Miami Page 186 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Okay. We have the mergers of the Resilience, Public Works and Transportation, elevating -- and we also have the merger of the Innovation Technology. Vice Chair Russell: So I'll be looking for an amendment on the Chief Resilience Office, to keep it status quo, answering directly to Assistant City Manager Ihekwaba. Commissioner Reyes: You're talking about resilience? 1 have my idea in that, too. I think that that is a very important department. And besides that, the more that 1 think about it, the more that I believe that it should be almost quasi -independent under either the Commission or the Mayor, you see, because we have a bond issue. They're going to have their own. funds, and comingling them with other departments, you know, be under any other department, you see, I don't think that could be ejfective. I think that it is extremely important department, also; many people don't think that it is. But I would propose that maybe that should be under the Mayor or under the Commission. Commissioner Carollo: Well, the Commission is the one that has a vote in this form of government. Commissioner Reyes: Yes, but -- Commissioner Carollo: And until it changes, I think that would be the appropriate place; in the Commission, like it has been now. And when we say, "the Commission,, " we're talking under the Management, in the form of government that we have now. Vice Chair Russell: Commissioner Gort. Commissioner Reyes: But what I'm saying is I think that the Mayor -- Francis -- Mr. Mayor, 1 know you have been a great advocate of resilience, and 1 know you are very interested on it and you can handle it and just run the ideas through the Commission, and bring it to Commission. Mayor Francis Suarez: Look, I think -- Commissioner Reyes: But should answer -- I mean, this is so much an important department that has to deal with everybody, with all the departments that to be under Public Works and that -- I know that could be just to -- maybe we want to centralize the -- Vice Chair Russell: Commissioner Gort and then the Mayor. Commissioner Reyes: -- what they're doing. Commissioner Reyes: Yes, sir. Commissioner Gort: Listen -- Emilio T. Gonzalez (City, Manager): IfI may, Commissioner? Commissioner Gort: -- we been hearing all kinds of statements being made. Some of the statements that being made are very negative, which are not true statements. I'd like to really know what's going on, what's going to happen. My understanding is we've been working on projects that can be enforced. I don't believe any of the hundred million dollars of funds that we set aside for that can be spent without our permission. And also, we have the bond -- the committee -- the bond committee City of Miami Page 187 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 that's going to be looking at all those projects where this money is going to be spent. But I'd like to have the explanation, why the change took place. Mr. Gonzalez: May I? Vice Chair Russell: Mr. Manager. Mr. Gonzalez: Thank you, Commissioner. You know, this morning we received a lot of input from our residents, and ]found it interesting that as people spoke -- and I was jotting down words, like, '7t doesn't look good, " or signaling, symbolism. This isn't about symbolism or branding. I think all of us here are serious about resilience. My goal -- our goal is not to put resilience, if you will, in a box, but to build an entire department around resilience, which is why we wanted to call it the Department of Resilience and Public Works. Since I've been here, I have worked veNv hard with our department directors to make sure that we don't have silos; to make sure that we work across departmental lines. We want to touch everything this department does. And quite frankly, we want to move fom the theoretical to the operational. We don't want to just be resilient; we want to do resilience. And unfortunately, we can't get from here to there unless we start operationalizing what we want to do. I'm a resident of this City. I voted for those bonds. I believe in the issuance of resilience. I genuinely agree with the passion that people showed here, but I disagree with the facts. And the facts are that at no point has the Office of Resilience had their budget cut; in fact, it's increased exponentially. At no point is our grant in jeopardy; in fact, our funder supports what we're doing so far as we keep to the spirit of the original grant. And quite frankly, the issue that we're sort of burying resilience. Quite the opposite; we've elevated it. I'll tell you right now that our Chief Resilience Officer is the Mayor. Our Chief Resilience Off cer is also myself and my deputy, and my three City Managers. But we refuse to just sort of sit with a Office of Resilience. We want to take that office; we want to build a department around it; we want to put subject matter experts there. There is no intention of a silo. They will be reporting to an Assistant City Manager, who's founded the Resilience Office in this City. So the passion, the emotion, the heart was all there; unfortunately, the facts were not. And moving forward, our goal is to make sure that we can start executing resilient projects from throughout our silo -- not silos -- throughout our departments, and everybody knows what is expected of them. Commissioner Reyes: And why are you merging then with Public Works? Then make (UNINTELLIGIBLE)other departments. Create a department that will be working with not only the Public Works; it will have to work with everybody. Mr. Gonzalez: They're going to be -- Commissioner Reyes: Because they have to -- I mean -- Mr. Gon�ale�. Sir, they're going to work with everybody, because they're going to report to the City Manager -- Assistant City Manager; thev're going to report to myself What I want to do is I want to put at the disposal all these subject matter experts, all these engineers and architects that would be willing to push the ball forward. This is by no means subsuming the department; df anything, it is -- the office -- strengthening this and creating an actual Department of Resilience. Commissioner Reyes: Well, that's my point. My point is that we need that department can -- I think that is -- resilience is very important, and the more independent that it is, the people that are working there and the people that are running that department, they must be -- they could not have the time stacked, you see. They must -- this must -- they must be able to work with all the departments and to make the analysis and do whatever they -- it is necessary in order to -- because City of Miami Page 188 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 what they will do is they have to work with other cities, also. And in order -- so -- to -- they are the ones that are going to recommend actions that should be taken in order to protect our City, you see. That's why -- (UNINTELLIGIBLE) extreme -- Mr. Gonzalez: Absolutely. Commissioner Reyes: -- important department. Mr. Gonzalez: And we expect them to continue recommending actions. They're going to recommend actions from their own department, which will be the Department of Resilience and Public Works. Commissioner Reyes: And Public Works. Mr. Gonzalez: If the Commissioner would like to leave things as is and leave the Office of Resilience under Dr. Ihekwaba, I have no problems with that. We will accomplish the same goal. But the fact remains that people will judge its by our actions, and we must do things that are actionable. And -- Vice Chair Russell: Mr. Chairman. Commissioner Carollo: If' -- Chair Hardemon: You did -- Your turn, sir. Vice Chair Russell: Thank you. Mr. Manager, I do understand, and I really appreciate the time you spent with me over this past couple weeks on this issue, and I do believe the sincerity of your intention in exactly what you're trying to do; put rubber to the road, put a back Office of Engineering with Resilience, and all of that would be accomplished by the move recommended in the organizational chart. But you saw the organic response to this change, simply in the organizational chart. The impression that it creates a demotion or a bringing down of the position, or siloing the position. And whether that is in practice or in optic, optics do matter, because it does send a message, and that message, whether received correctly or incorrectly, was received. And we can tell folks that they're wrong, but what they -- their impre - - the impressions they give of the actions we take is what they take away, and it does matter. I'm looking at the letter from the 100 Resilient Cities, and it does say, "As your proposal seems to create this enabling environment, it has our full support so long as the final organizational structure positions the CRD (Chief Resilience Officer) with authority to oversee the City's progress in addressing each of the resilience issues and actions identified in the Resilient Greater Miami Beach's strategy. We find that the most successful CROs in cities around the world have an explicit mission to work across silos to integrate social, economic, and environmental resilience challenges per our grant requirements and the theory of change. We are unable to support cities that do not explicitly enable CROs to perform these functions. " So I do know for sure that leaving the position answering directly to the Assistant City Manager, stand alone, so as to be a peer amongst the different departments to which resilience will touch certainly falls within that. So I would, with full respect, askfor that amendmentfrom the Commission as we approve this budget. That's very important to me, and without that change, I will not be approving this budget. Mr. Gonzalez: Sir, I have no objection to that. Vice Chair Russell: Thank you, Mr. Manager. I really appreciate that. Mayor Suarez: Mr. Chair, I have no objection to that, either. City of Miami Page 189 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Vice Chair Russell: So I'll make -- I -- I'll pass the gavel to make the motion on this portionn of the budget, RE.23 -- Commissioner Reyes: I'll second it, Commissioner. Vice Chair Russell: -- with my amendment. Chair Hardemon: It's been properly moved and seconded to approve -- Vice Chair Russell: 23. Chair Hardemon: I thought we were on 24 now. Vice Chair Russell: We needed 23 first. Commissioner Carollo: No, we're on 23. I -- Chair Hardemon: Okay. RE.23. Commissioner Carollo: Yeah, we're still there. Chair Hardemon: Further discussion? You're recognized. Commissioner Carollo: Well, yep. There's quite a bit more, and I'd like some amendments to it. Chris, I had asked you for the salaries of the full 27 positions that we were adding that were non-Police/Non-Fire; never got those. Mr. Rose: It was sent out at 9:02 last night, sir. It's 13 new positions that are not Police and Fire. Commissioner Carollo: Well, I have Code -- four new Code Enforcement -- Code Compliance, two Capital Improvement, two Zoning, three Communications, 12 -- it says, "New RPW [sic] transferred," and four in. new IT (Information Technology) transferred. Mr. Rose: The email that was sent out last night had three different items on it. It included the reserves that were included in the current year budget, the one-time expenses in the proposed midyear amendment, and the positions added that were not Police and Fire. I can give you my copy, if necessary. Commissioner Carollo: If you would, because I'm counting 27 positions here, and you're telling me a different number. Mr. Rose: Yes, sir. Permission to bring it to you, sir? Commissioner Carollo: Oh, absolutely. Thank you. Okay, let -- let's go -- come on. We'll go over here. You got two in Capital Improvement that I got here. I got four in Code Compliance; I got two in Zoning; three in Communications; I see one, Parks and Recreation, that I hadn't seen here before. Where'd that one come from? In the sheet that you had given us? Mr. Rose: Yes, sir. Commissioner Carollo: I don't see Parks and Recreation here, but you have Principal Staff Analysis for 93,679, that you sent me at 9 o'clock last night. And I'm sorry, but did you send it to my email or to my office or --? City of Miami Page 190 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mr. Rose: Let me turn to it. I sent it to your email. I also sent it to Mr. Blum, Mr. Suarez, and Mr. Barcena in your office, sir. Commissioner Carollo: Okay. Well -- Mr. Rose: 1 actually sent it to all five -- six elected officials. Commissioner Carollo: -- it was late last night, and frankly, you know, from the morning, 1 rushed here and 1 haven't looked at my emails today. But again, this position in Parks and Recreation, I didn't see it anywhere here. Where'd it come from? Mr. Rose: It's been on Attachment "B" to the item; both on April 26 and today's item. Commissioner Carollo: Well, can you find it over here for me in the sheet that you gave us? Mr. Rose: No, sir. Its not on that summary sheet. That summary sheet was a summary. It did not have everything on it. I apologise for leaving the one position off of there. Commissioner Carollo: Oka v. So that -- well, that's one. There was also no Real Estate and Asset Management Senior Project Representative for 107,936. Mr. Rose: That is a transfer, actually, from my office, sir. Commissioner Carollo: So that's not a new position; that's a transfer? Mr. Rose: That's correct. Commissioner Carollo: Okay. And then the other positions that I was talking about, the four positions for IT, those are transferred from -- Mr. Rose: From the Manager's Office, sir. Commissioner Carollo: Okay. So we're transferring four positions from the Manager's Office to IT; and then, for Public Transportation -- excuse me -- Public Works and Transportation -- and there are 12 positions that are actually transferred. Mr. Rose: Yes, sir. Commissioner Carollo: Okay. Mr. Rose: That's eight from Transportation Management, and four from the Off ce of Resilience. Commissioner Carollo: Okay. The -- Mr. Manager, in these positions that he gave me, have we placed ads for people, or do some of these positions have a name already; that they've been hired and they're coming onboard already next week? Mr. Gonzalez: Are you talking about the vacancies? Commissioner Carollo: Well, the new positions that are being asked on this midyear allocation. City of Miami Page 191 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mr. Rose: Sir, the first step is actually a neogov requisition and it comes to the Budget Of and I have not approved any neogov requisitions associated with the new positions; no, sir. Commissioner Carollo: Well, then, why would there be someone on radio today saying that they were hired by us to the Communications Department, and that they start next Wednesday? Mr. Rose: That's a -- that is a current vacancy in Communications. It was a reclassification, and it's -- Commissioner Carollo: Okay. Mr. Rose: -- inside the existing Communications Department, sir. Commissioner Carollo: Which position is that that you said is a current vacancy? Mr. Rose: It was a show producer position, and it has been reclassified into an Assistant Director, I believe. Commissioner Carollo: Assistant Director? Well, I don't see any show producers here. Maybe -- could it be under a different name? And then, what I have that's a vacant position is a Deputy Director. Mr. Rose: That's it. Commissioner Carollo: Is that the one that -- Mr. Rose: Yes, sir. If -- Commissioner Carollo: -- is this the one that the --? Mr. Rose: At the sunshine meeting we passed out a sheet to you, sir, and the second line is the one that says, "Deputy Director. " Commissioner Carollo: Yeah. I have that here before me. Mr. Rose: Right. And the first sentence under "Responsibilities" is "Reclassification from show producer position. " Commissioner Carollo: Okay. Mr. Rose: That's in the existing (INAUDIBLE). Commissioner Carollo: Okay. Well, that's the one then. Mr. Rose: That's the one. Commissioner Carollo: All right. Since I have the Communications Director here -- By the way, Chris, was his office before -- his position, should I say -- was it advertised before when we hired the new Communications Director? Mr. Rose: Director position? I --no, sir. Commissioner Carollo: His position. City of Miami Page 192 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Eugene Ramirez: No, sir. Eugene Ramirez, Director of Communications. It was not an advertised position; I was appointed. Commissioner Carollo: Well, of course, everyone is appointed in these categories, but my question is, was it advertised? The Manager appoints that position. Mr. Gonzalez: It was not, sir. Commissioner Carollo: Okay. All right. Did you know him from before, Emilio, or --? Did you know him from before? I'm just wondering. Mr. Gonzalez: I have -- I do know him, and I know of his reputation, yes. Commissioner Carollo: Okay. No, because it was an abrupt dismissal of the Communications Director that we had there, and then he came right away, so I was wondering why we didn't advertise the position. Mr. Gonzalez: Because he's a very skilled communicator, sir, and I thought we would all be best served by offering him a position to this Administration. Commissioner Carollo: That's a good answer. The -- but we still don't know if he would have been the best for the position, but nevertheless, it's your prerogative. I just hope that we don't make a habit of it, and we advertise most positions that we have, including all the new ones that are being asked for here. Mr. Gonzalez: Sir, the new, positions will be advertised. The -- not -- Those positions are not executive hires, so the expectation is, is that the positions that are approved will be advertised -- Commissioner Carollo: Yeah. Mr. Gonzalez: -- once the budget is approved. Commissioner Carollo: Well, some might not be executive hires, but when you got salaries of a hundred plus thousand and 90 thousand, they're up there with executive salary, so to the -- Mr. Gonzalez: And they'll be competed. Commissioner Carollo: Sir? Mr. Gonzalez: They'll be competed. Commissioner Carollo: To the Director of Communications, why, if we got along for such a long time with the positions that we have 11 in your department, which is a good-sized Communications Department. Maybe it's, you know, on the wish list. We always like to have a bigger department, but it's a good size. You could do a lot with that. You would agree --right? -- with 11? Mr. Ramirez: You could do certain things with the existing staff but there are things that you cannot do with the existing staff,' Commissioner. Commissioner Carollo: But it's a sufficient staff to have worked with. It worked_for a long time. Mr. Ramirez: Well, the department that I stepped into, Commissioner, has mostly been running a public television station. We're trying to make the Communications City of Miami Page 193 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Department more robust, do some social media, which is very important to reach out to your constituents, as well as do traditional media relations with out, contacts with the local media and network media, as well. Commissioner Carollo: Weil, see, here is the point that I'm seeing: We are going to be going through some very difficult, trying financial times. And in case you weren't told, in case other people that have come new don't know, we are, and that's because there's a downtrend in the dollars that are coming to its. And this is not something that I'm making up. This is something that our own Budget Director has instilled in its; that we got another year or so before we're in the negative in what we're spending compared to what we're bringing in, and that doesn't even include some of the big items that we have out there: A potential 200 million or so with the employees' pension; the potential of a hundred -plus million -- or who knows how much -- with the Flagstone Project; and scores of other amounts that we are indebted for different suits that the City has settled, or is in the process of settling right now. So, to me, it's scary when we're adding more people to payroll instead of having less, and it's a very, you know, troubling trend that -- if this is going to be what were going to be doing into the future. I'm seeing that, Multimedia Specialist, you have one already, and -- or multimedia work. One person should be more than adequate to do that. I really don't know why you need a second person. Mr. Ramirez: If I may, Commissioner? In today's day and age, people expect that social media platforms engage and interact with residents around the clock, so unless the expectation is that this one person work 24 hours a day, one person really is not enough. Oftentimes, our residents will engage our social media accounts to ask for information about City services; things that, in the past, people may have called City departments. Now they're doing it on social media, and we would hate to leave our residents hanging. We would love to have somebody there, always available to respond to their requests. Commissioner Carollo: Well, I think City residents understand that a city, on many aspects like this functions during normal working hours. And even with a second person, you're not going to have people working 12 -hour shifts, seven days a week, around the clock. So that, to me, is an answer that, I'm sorry, but I don't buy. One person alone should be more than enough, and I really don't see why we need a second person. Your Broadcast Engineer, evenn though that's a high salary -- 90, 000 -- I don't see that anywhere in your budget. That might be something more feasible. What would this person be doing? Mr. Ramirez: Did you say 90,000? I believe that's a $70, 000 position. Commissioner Carollo: What I was given a couple of days ago was $90,000. Let me see in the new sheet that I was given if it's a different amount. Yeah, it's still 90,000, Broadcast Engineer. But if you think it's 70, we could save 20 right there, 20,000. You satisfied with the 70? Mr. Ramirez: We had request --posted that position -- or requested that position at $70,000. Commissioner Carollo: Okay. Well, tive just saved 20 right there. Okay, that's one amendment we could make at 70. Mr. Rose: Commissioner, it did have a range on it. Until the position is hired -- it has a range; that's all I can say. Commissioner Carollo: But he said 70; that he could get somebody at 70. City of Miami Page 194 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: Then you won't have a range. Look, you know -- Commissioner Carollo: Well -- but Chairman, in actuality, this is how we need to do budgets with the constraints that we're going to be facing. I've been through the worst times, ugly times, and if we don't start cutting back now, it is going to get quite ugly, and then we're going to be making the real tough decisions that a lot of people are not going to like. And, you know, what I'm trying to do is -- and 1 know that you might think, well, 20,000, you know, its, -- in the overall picture, it's not a lot; and it's not. It's not going to change the picture of your budget. But $20,000 are significant dollars; a lot of people in this town that don't make 20, 000 a year, so it is real money. And you -- if you have that attitude in cutting back on 20, 000 here, you'll have that attitude in cutting back on real money in big items where you can make a difference. Mr. Gonzalez: Mr. Commissioner; if I may? These positions were vetted actually, and these are not fi°ivolous positions. We need to grow our Communications Office to reflect the growth in our city, to affect -- to reflect new and alternative media, if you will. Some of these positions will also be working with our Commission offices so that we can help them get their message out. Commissioner Carollo: Well -- Mr. Gonzalez: So it isn't like, "Oh, look, we're adding three Communications positions." We vetted these and we've had these discussions, and I just want to disabuse you,, respectfully, of anv kind of, you know, trend going,forward, where we're going to start hiring people -- I get it. I'm a penny, pincher myself. And our Communications Director came to me to explain. the need for these positions to better do his job, to better protect what all of us are doing for our constituents. Commissioner Carollo: Well, Emilio, look, you say you vetted them, but if you want, we could go one by one and see how much you understand about each of them, and see how much you really vetted them. In this department, I'm trying to go down the list, because I'm seeing two positions that I don't really see the need for them. Multimedia Specialist, we have one already. That -- one should be more than enough for social media. The Media Relations Specialist that you're talking about, the Deputy Director that's vacant that I was told is the person that was on the radio said she's coming on next week should be more than ample to satisfy that other position. Now, the Broadcast Engineer, that's a different ballgame. That's one that will be open to, to hear, and might be one that you do need in there. But what I'm seeing is this: The -- on the social media side, all that I'm seeing are stuff that are being put that is very limited on who gets coverage from up here on the City. You get a tremendous amount of coverage, and I'm sure you -- do well for you in the future. The Mayor gets a lot of coverage. But some of us, you know, we don't even appear there. On the area of the videos, if it hadn't been that I showed up in my own district, when I wasn't told by anyone in the Administration that there was a demolition that was going to be made, and walked in, into what became a press conference. You had your Communications Director; you had one of your assistant, and you had yourself for a press conference, and I wasn't even informed of it, whatsoever. And that's the only reason I appear even in one clip on whatever is being placed on our City television. Fin going to give you another example. Recently, we had one heck of an embarrassment on the City of'Miami -- I won't say just the Police Department, because it was to the City of Miami -- in a press conference that I don't know how many of us up here were invited to it, but you were there and the Mayor was there. And it was a press conference that I believe was pushed upon the Police Department to have quickly, without giving a little more thought. None of its were invited. And the outcome was that it blew up in everybody's face, because a couple of hours later, we had to take it back, because of City of Miami Page 195 Printed on 061271201$ City Commission Meeting Minutes May 10, 2018 all the reasons that were put out by our Police Department. And I'm not blaming the Chief on that. He called me up, like he called evefy one of us up, and I know what happened. You know, I've been around too long not to understand it. But what I'm telling you is that if you're going to have a Communications Department that is going to service only PR (public relations) for you, PR for the Mayor, and whoever plays ball here, you're going to hear from me. I'm not going to stay quiet. I've been a gentleman up to now with you, but that doesn't mean I'm a fool, that 1 can't think or speak. And what 1 try to do is save the Cio, money everywhere that I can. And two of these three positions, 1 really don't see the need for. It's here. If he can't cut back and do with what he has, then how can you ask other departments that need even more to do the same? The Broadcast Engineer, even, without you telling me what You need it for, that's one that I will tell you I would probably, agree, even without hearing from you. The other two, it's clear that you can make do without them. Mr. Ramirez: IfI may, Commissioner? Commissioner Carollo: I'm listening. Mr. Ramirez: The Communications Specialist -- just like I explained some of the positions a little -- in greater detail -- the Communications Specialist that's being requested will also work as a liaison with the Commission offices. Right now, just so you understand the dynamics of my department, the staff that I have is a technical staff. This department, as I mentioned earlier, was mostly a production department for Miami TV (television), and we understand that today's day and age, we need to be more robust in that. So the Communications Specialist will work as a liaison with Commission offices; something that I'm beginning to do now. It's my second month, so please, ,you know, keep that in mind. But I've been working with Commissioner Reyes' office, with your Chief of Staff. In fact, two weeks ago, right here at City Hall, it was through me that we got you an interview on Telemundo on the strong Mayor issue. I've worked with Commissioner Gort on issues of dead animal dumping in Allapattah; Commissioner Russell, Commissioner Hardemon. We're willing and able to work with all Commission offices, but this person would be a liaison for that, as well as help make a more robust internal Communications program, which right now, the City, does not have. We would like to be able to inform, also, internally, all of our City staff about initiatives that the Administration is working on. Commissioner Carollo: Eugene, really, the liaisonn to the Commission should be yourself- or now that you're having a Deputy come onboard, the Deputy, when you can't do it. To hire someone just to be a liaison to the Commission office and a couple other light duties, to me, it doesn't juste 65,000 in salary and probably another 35, 40,000 in benefits. And, you know, I've ran Departments of Communication. You saw that I don't need any help in running a press conference, because when I was there that day, after you introduced the Manager before an elected official, so it showed me clear, you know, what -- whom you're working for. Mr. Ramirez: I workfor the residents of the City ofMiam.i, sir. Commissioner Carollo: Well, then you need to -- if you work for the City of Miami, you need to treat every elected of fairly. You need to put them on the air with the approximate times each, like your predecessor used to do, no matter -- and this is before I even came -- who was getting along with whom at the time. And what -- Mr. Ramirez: Sir, if I may? I don't control who gets air time on local TV channels. All I can do -- City of Miami Page 196 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: No, no, no. You didn't understand nae. I'm talking about the City channel. Believe ane, I don't need you -- Mr. Ramirez: Oh, we can get you on there as much as you'd like, sir. Commissioner Carollo: --to get nae any air time with the local media. I could do that very finely by myself when I need it. And I think you've been abreast of all the interviews that I've had lately on TV and radio, and printed media on the issue that you just mentioned. But what I'm talking about is strictly the City television station and the City's social media. You cannot have employees working just for a Mayor or for a Manager, and their image. It may be dependent on how the winds are blowing for a Commissioner to, here and there. There has to be true professionalism; that you forget about what is happening on all the other side issues, and you stick to being a professional. Mr. Ramirez: And we're happy to do that, sir, as long as your offices communicate to us what you would like for us to communicate. For example, today Commissioner Reyes' Chief of Staff' reached out about the FDOT (Florida Department of Transportation) project from this morning, and we put out a press release for him. When Commissioner Russell or Hardemon's office have reached out, we've also assisted them, as well. So I would ask you, respectfully, to inform its so that we can help you. We'd love to. Commissioner Carollo: Well, here's one that -- you just put this out., this press release from the City of Miami Office of Communications Media Advisory: "City of Miami to negotiate with Formula 1. " And then you come down at the bottom. It says, "Sponsors: Mayor Francis Suarez, Commissioner Wifredo Gort, Commissioner Manolo Reyes, Commissioner Frank Carollo, " my brother. Mr. Ramirez: I'm aware of that error, sir. That was a complete direct copy and paste from the agenda. Commissioner Carollo: Yeah. Mr. Ramirez: It was a mistake on the way it was printed in the agenda. When we transferred over the resolution, that transferred over, as well, so I apologize for that. Commissioner Carollo: Well, when -- I don't mind my brother getting credit; that's fine; it's my brother. I don't mind the first name being mistaken. The last name is spelled correctly. Thank you. But, look, we've been around this too long. They made the mistake in the agenda being printed. And your people don't know who sits up here? They cover us. They filrn. You know, I'll laugh at the joke. It's fine. [got no problems with it. It doesn't bother me. But I'm just pointing these sort of stuff to you so that you don't say later on, if I come a little stronger, that, "Gee, he's being unreasonable." The press conference in the Police Department, I'm sure you're going to tell me that that was the Police handling, correct? Mr. Ramirez: We do not -- Commissioner Carollo: The one that we weren't invited to? Mr. Ramirez: -- plan -- I'm sorry? May I? Commissioner Carollo: The press conference there a couple of days ago. Mr. Ramirez: Yeah. We do not plan Police press conferences. That's done through the Police Department's Public Information Office. City of Miami Page 197 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Well, I --that's what I said; you were going to tell me that. Mr. Ramirez: That is the fact. Commissioner Carollo: Mr. Manager, how could that happen that on something that's supposed to be so important like that, that you had to drag the Police Department to do that press conference right away? Why weren't any of us invited to that press conference? Commissioner Gort: We were. Mr. Gonzalez: Sir, I think you've been misinformed. I didn't drag the Police Department anywhere. The Police Department held a press conference. I was informed; the Mayor was informed; in. fact, I may have even -- he's not here. I think I informed the Chairman that I had to take my leave of briefing him so that I can attend an event at the Police Department. So nobody was dragged into anything. Commissioner Carollo: Okay. All right. So if you want me to believe that it was the Police Department that, on their own, wanted to hold this, and they did not want to inform the majority of the elected officials of this City -- You know, I'm not going to tell you that I believe in Santa Claus -- Mr. Gonzalez: Sir, I'm not asking do you believe anything. Commissioner Carollo: -- or in the Easter Bunny, either. Mr. Gonzalez: What I'm stating is the actual facts of what happened. 1 was invited to that event, which was sponsored, held, organized by the Police Department. I did not speak there. I went, I listened, and I came back to work,- that was the extent. There was no conspiracy to exclude people, whatsoever. This was something that was called by the Police Department. They needed to get information out, and I attended. Commissioner Carollo: And you think it's normal that the Police Department -- it must be the first in the 40 plus years that I've been involved, in one form or another, in. the City of Miami that it's normal that the Police Department holds a press conference of that nature and they, don't invite any of their Commissioners, or inform them of it. Mr. Gonzalez: What is normal for the Police Department standard operating procedures, I can't speak to. Commissioner Carollo: Well, you're the Manager. Mr. Gonzalez: Yes, sir. Commissioner Carollo: You should know. And that is not normal, and we both know why that happened, Emilio. The only thing I ask you is., moving forward, that needs to change; just like if there's anything that's going to happen in my district that I'm not told about. Mr. Gonzalez: Sir, I take your point. Moving forward, any time there is a press conference, I will ask whether our elected officials have been invited. And any event in your district or anybody else's district, for that matter, I'll be happy to inform you. We did an operation in Chairman Hardemon's district. I made sure to inform him, City of Miami Page 198 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 because I knew about it. And moving forward, I'll be happy, to do that. You have my word. Commissioner Carollo: I appreciate it. And I also have your word that you are personally -- or through Joe -- are going to make sure that the Communications Department is going to bring some balance to their tweets and to their coverage of elected officials, correct? Mr. Gonzalez: You have my word. And just as a clarification, sir, my social media account is my own. I actually take my own pictures, and I send it out. So I can only speak for mine, but rest assured that the intent here is to grow our Communications Office to the point where they can have constant communication with our elected official, constant communication with our residents and stakeholders, and constant communications with our employees. Commissioner Carollo: Well -- Mr. Gonzalez: With that, you have my word. Commissioner Carollo: -- I thank you for that. I would support the Broadcast Engineer, but not the Multimedia Specialist; that we're doubling up on an officer we have there already, and we don't need an extra one; nor the Media Relations Specialist; that the duties are so minute that either you or, certainly, your new Deputy Director -- in a position that's been vacant -- could fill in. And if I'm convinced otherwise that there's a true need in the future for the next budget, I'll look at it. But what I'll be looking in this next fiscal year's budget is to see where we could cut as much as we can and where we could find new recurring revenue, because I don't want it happening, because of nay lack of action, that all of a sudden, we're in the midst of another financial urgency, and we didn't prepare for it. And frankly, if we would get hit with real numbers from the unions, and once the judge gives us a number on the ruling that we previously had, that might be coming in a month or two, we might be there already, depending on what the courts say that we have to pay Flagstone and depending what the outcome is with the Police and Fire Union. Mr. Gonzalez: Yes, sir. Commissioner Carollo: Let me move on to the other ones that I have here. In the Office of Capital Improvement, Mr. Manager, the Communitv Outreach Engagement Coordinator, that particular position that you said you vetted what is that supposed to do? Vice Chair Russell: What's the name of the position? I'm sorry; I missed it. Commissioner Carollo: Well, I'd like the Manager -- he said he vetted -- Mr. Gonzalez: Sir -- Commissioner Carollo: -- these were vetted -- Mr. Gonzalez: -- sir -- Commissioner Carollo: -- so I'd like to go down the list of 'these positions, YY may. Mr. Gonzalez: -- you could go down that list. I -- what I said was that I vetted the positions that the Communications Director brought to my attention. City of Miami Page 199 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Oh, those. Okay. Mr. Gonzalez: Yes, sir. Commissioner Carollo: Not the others? Mr. Gonzalez: But I met with my department heads, so I know about the positions. They can give you more clarity on those positions, and they can give you specificity on the positions. Commissioner Carollo: Do you have anyone else from your Deputy Managers that vetted them more close than You did -- Mr. Gonzalez: Yes, sir. Commissioner Carollo: -- that could explain to me what they were? And the reason I want this is because I want to be clear. Department Directors know what they're asking for, but Management, which is you, that approves it, needs to be very clear what it's for, and I want to see just how much Management is clear on these positions. Mr. Williamson: Good evening again, sir. Its Steve Williamson, Capital Improvement Director. Commissioner Carollo: Well -- Mr. Gonzalez: Go ahead, Steven Commissioner Carollo: -- Mr. Manager, I'm trying to ascertain from Management - - not department directors -- why was it that you approved these positions that those directors supposedly gave to you to approve. Mr. Williamson: If I may, Commissioner? Commissioner Carollo: I'm sorry, sir. I'm asking the Manager the question. Joe Napoli: Sir, Joe Napoli, Deputy City Manager. Sir I sat through the budget meetings with our Budget Director on all of the enhancements for the midyear, and we went through position by position on the enhancements. Commissioner Carollo: Okay. The Community Outreach Engagement Coordinator, Joe, what is this all about? Mr. Napoli: Sir, there -- this is a supervisor position. They have two currently, and with the -- We have had problems with the OCI (Office of Capital Improvement) as far as communicating to the public what our projects are and getting the -- when we're doing projects, getting the input from the community. So this is a supervisor who's going to manage those other two, to make sure that we are getting the suff tient community, outreach and input into our capital projects. Commissioner Carollo: Okay. The Assistant Director of'Program Management? Mr. Napoli: Sir, we're developing a Program Management in our Capital Improvements -- OCI Office. Right now, we have a lot of'projects that are coming in, and we don't have a Program Management Office that is vetting and prioritizing those projects, and then doing overall management of the projects. So we have a City of Miami Page 200 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Program Management Office that we're creating right now that will be -- that will manage and vet all of our capital projects. Commissioner Carollo: Okay. Code Enforcement, Code Compliance Inspector, it's four of them, and they're at -- two are at the same salary, 47,314; one is at a mid - salary, 67, 000; and one is 110, 000. What are these all about in salaries? Mr. Napoli: Sir, 1 -- I'm sorry, sir; I don't recall the salary differences. We need more Code Enforcement Officers. We've had a shortage in those -- Commissioner Carollo: Please; some that are not -- you know -- they could see, you know. Mr. Napoli: Yes, sir. Commissioner Carollo: It's -- Mr. Napoli: I understand. Commissioner Carollo: --internal, Joe. Mr. Napoli: Yes, sir. Commissioner Carollo: But -- Mr. Napoli: If I could ask Chris to talk to the salaries specific to that. I just don't recall the discussion we had. Commissioner Carollo: Okay. On that one, that'll be fine. Chris -- Mr. Napoli: Yes, sir. Commissioner Carollo: -- you give him a hand there. Mr. Rose: Sure. Two of them are brand-new vacant positions; two are actually rollback positions, due to Human Resources actions that have occurred. So there are two that have been in other positions, but had rights to Code Enforcement positions, so that's why the posit -- the salaries are higher for those two, sir. Commissioner Carollo: Okay, that's fine. Joe, I'm sorry. Mr. Napoli: Yes, sir. Commissioner Carollo: The Broadcast Engineer that -- the Communications Director explained to you what that was all about, exactly? Mr. Napoli: Sir, I -- the Broadcast Engineer is what he specified. We need more capacity in that area. Commissioner Carollo: Okay. Mr. Napoli: And the social media -- the Multimedia position -- Commissioner Carollo: Media Relations Manager. Mr. Napoli: -- as he emphasized earlier; that was to have coverage 2417, as much as possible; granted, two people can't do 24171365, but to have coverage all throughout City of Miami Page 201 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 the day, monitoring social media, answering requests. We felt that we needed two positions to do that -- Commissioner Carollo: Well, the -- Mr. Napoli: -- in addition to the other duties that he mentioned. Commissioner Carollo: -- Media Relations Manager that he mentioned that he wanted as a liaison for Commissioners, don't you think that between himself and the Deputy Director that he's getting now, they can handle that aspect of speaking to elected off cials? Mr. Napoli: I think that they will do that, sir, but I think to have someone permanently doing it -- they'll do that liaison, as well, but I think to have someone permanently dealing with your staff on a daily basis and talking about all the activities that were doing -- I don't think that's the sole responsibility of that individual -- Commissioner Carollo: No. Mr. Napoli: -- but that person will be dedicated to making sure that your staffs are informed of everything that's going on. Commissioner Carollo: Well, for the life of me, I don't understand what this person really is going to be doing their whole day. And somehow, I think that they're going to be used for other things than this, but that's fine. And the Parks and Recreation position, what is that about? Mr. Rose: Sir, that is also a Human Resources action, where an employee had a right to a position, and they came back to it. Commissioner Carollo: Okay. Joe, Senior Project Representative for 108,000, almost? Mr. Napoli: Yes, sir. Which one? Commissioner Carollo: Senior Project Representative. Vice Chair Russell: Is that in Parks? Commissioner Carollo: In Real Estate and Asset Management. Mr. Napoli: Okay. Mr. Rose: That was a position that was sitting in my office. It was actually the Executive Director of the Overtown CRA (Community Redevelopment Agency). He was a City employee and he came back to his position. The best place for his talent set was in the Office of Real Estate and Asset Management, and that's where we are putting him today, and putting him in the right classification for that job. Commissioner Carollo: But did you have that position available before, or is this a new one that's been created for him? Mr. Rose: It was a position that I had in my office. He was an executive on loan, so it was in the budget the whole time. But since he was on loan, it -- he was not doing the work of a Project Analyst in DREAM (Department of Real Estate and Asset Management). He was doing the Executive Director work. City of Miami Page 202 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Why do we have to include it now if it was in the budget already? Mr. Rose: It was in my office, in the budget. We're moving it to Real Estate and Asset Management in this action before you today, sir. Commissioner Carollo: Well, okay. ]just think that should have been separated to be clear that all you're doing is changing titles and posit -- and locations. Mr. Rose: I apolo -- I tried to be clear sir. Commissioner Carollo: And then, Joe, if you could come up here again on the Office ofZoning, Planned Mr. Napoli: (INAUDIBLE) rather do that one? Mr. Rose: Sure, sure. That is a position in the Zoning Office, in particular, amongst other things, but the main responsibility is going to be the enforcement of the new alcohol ordinance that was passed a few meetings ago, and that is an enhanced level of enforcement, and they need a body to work on it, sir. Commissioner Carollo: Well, I hope they get to the places that don't have a liquor license in my district, or are selling beer or wine with hardly no food around, like the 51 percent that they're supposed to be selling in food. Hopefully, they'll accomplish that. And Office of Zoning Zoning Information Supervisor, is this another information person that's -- Mr. Rose: No, sir. Commissioner Carollo: -- in Communications? Mr. Rose: No. This is boots on the ground in Zoning, in the office, doing plans review and the core work of the Zoning Off ce. Commissioner Carollo: Okay. It's a different type of information. Mr. Rose: Yes, sir. Commissioner Carollo: Okay. Very good. Well, you're getting preppy in perhaps to be a future City Manager or Assistant Manager, Chris. Mr. Rose: No, sir. This is what Budget does. Commissioner Carollo: The --all the other positions were positions that -- with the exception of Police and Fire -- were positions that were transferred; that's why you didn't include those; the four positions in IT and 12 positions in Public Works, Transportation, et cetera? Mr. Rose: Yes, sir. Commissioner Carollo: Okay. Mr. Rose: I_f I may? If'you look at Attachment "D" to RE. 23, the operating budget amendment -- it's the very last page of the item --you 7/ see 67 new positions; 54 of them are in Police and Fire, as we've discussed. The remaining 13 are on that list that you have in your hand, sir. City of Miami Page 203 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Okay. We have approximately about $8 million. I hadn't gotten the exact amount, unless you sent it at 9 p.m. last night, too? Mr. Rose: No, sir. That 1 have not sent to you yet. Commissioner Carollo: Okay. Thankyou, Chris. It's about 8 million, a little over -- Mr. Rose: Yes, sir. Commissioner Carollo: -- that we have in Parks impact fees. Mr. Rose: That's in a project called "Citywide Parks Land Acquisition." Commissioner Carollo: Let's put it in -- How much more are you expecting to get for this fiscal year into that fund? Mr. Rose: I --we have not actually projected. What I do know is that it's the -- Commissioner Carollo: Give mean estimate, Chris. I mean, I won't hold you to it. Mr. Rose: Sure. I -- and just for the record, we do project the general fund every month. Commissioner Carollo: Okay. Mr. Rose: As you know, we don't project capital and -- Commissioner Carollo: Sure, yeah, yeah. Mr. Rose: -- special revenue. I -- in that fund -- nay sincere apologies, Commissioner. It's something I'd rather look up than wing it. Commissioner Carollo: Okay. I get it. It's just a ballpark figure that I'm asking. I'm not holding you to -- Commissioner Gort: You're winging it. Commissioner Carollo: -- a set number. I mean, I know for sure we got a little over 8 million there. Mr. Rose: There is currently about 8 million in there, sir, yes. That is specifically for acquisition of land in -- Parks land, citywide. Commissioner Carollo: This fiscal year what additional dollars do you project we're going to get for that impact fund? Mr. Rose: We had anticipated about $20 million of Park impact fees. In the adopted budget, we were not putting new money towards land acquisitions, so as the money comes in, it's going to other projects citywide that are not in this. Because we had money already in that fund -- Commissioner Carollo: But -- Mr. Rose: -- we did not add additional in the current year budget. City of Miami Page 204 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: -- it was 20 million for -- Ls it strictly for Park impact fee, or general impact fees? Mr. Rose: $20 million of Park impact fees. In the adopted budget, it was spread across many different projects. 1 could count them up, but -- Commissioner Carollo: Can we do that with impact fees from Parks that -- and the developers are putting in -- Mr. Rose: Yes, sir. Commissioner Carollo: -- strictly for Parks? Mr. Rose: Yes, sir. The Park impact fees are for capacitv enhancement, so more through put in the parks; a larger pool, a new playground, more land acquisition, a larger community center; things like that. Commissioner Carollo: Did you use up that 20 million this -- that you estimated for this fiscal year in this fiscal year's budget already or not, or is there some money still there? Mr. Rose: It was all allocated, so of the 20 that we expected, it was all put to projects. Commissioner Carollo: Okay. Mr. Rose: It is not coming in as fast as we expected it to. Commissioner Carollo: I understand that. So next year -- next fiscal year; which will be less than six months away -- about five months and a few days -- you'll probably get at least 15 million, more or less. Mr. Rose: I would hope so. I'm not -- we're still putting that together. And if we have a shortfall in the revenues in Park impact fees in the current year; we may need to wait a little bit in the new year to catch up. Commissioner Carollo: My very conservative estimate, it's going to be about 15 million, so double check that when you see it. What I'd like to do -- I promised the Chair last time there was a million dollars that was being taken from the general fund that was placed in the Overtown Youth Center Capital Campaign, but then it was then changed to Liberty City; that the Mayor spoke to him on it. Mayor, please feel free to come up. You're going to be very helpful in this, I think. Mayor Suarez: Great. Vice Chair Russell: Is this still 23, or are we back on 24? Commissioner Carollo: No. We're in the -- Vice Chair Russell: This is 23? Commissioner Carollo: Yeah, 23, absolutely. Commissioner Reyes: 23. Commissioner Carollo: Yeah. I'm supporting the million dollars that you allocated to District 5. It was for Overtown, but it shifted to Liberty City -- City of Miami Page 205 Printed on 06/27/201$ City Commission Meeting Minutes May 10, 2018 Mayor Suarez: Sure. Commissioner Carollo: -- where I understand both have tremendous needs. What I want you to remember is that in Little Havana -- that has been overlooked for a lot of years -- that has just as great needs in a good part of Little Havana as any area in District 5; that, overall, is our poorest areas in the City. 1'd like to, in this budget amendment, take 4 million of what we have in Park impact fees to be allocated to Little Havana for acquisition ofparkland. Mayor Suarez: I have no issue with that. Commissioner Carollo: And I'd like for you to sponsor that with me. Mayor Suarez: Yeah. I have no issue with that. I mean, I -- as long as the other Commissioners are okay with that, I mean, I -- That's 50 percent oj' the available impact fees. I don't have an issue if 'you think -- Commissioner Carollo: Is that corning from any general fund or anything? Mayor Suarez: No, I (UNINTELLIGIBLE) impact fees are. Commissioner Carollo: We have enough -- at least 15 million more coming -- Mayor Suarez: I'm fine with that. Commissioner Carollo: -- in,five months. Mayor Suarez: I'm fine with that. I will co-sponsor that with you. Commissioner Carollo: Okay. Well, then, I will make an amendment to the budget, and I will support other members of the Commission on the remaining monies that are there, and when more comes, for Park acquisition in your district, as it's needed. You heard the Budget Director say that they found creative ways to use that for other things, too. I suggest, Commissioner Russell, that you also sit with him and see those other creative ways, because I don't think that -- your district is one that needs the least amount for getting additional parkland. Certainly, in this area, you got a lot. In another meeting that we'll have in the future, in the sunshine, I want to show you an area that you can regain a good chunk of land in an area of your district that's needed. Next to the park by the Omni area there, there's another piece of land that I think we could regain to add more parkland. I know that's important to you, also. But from that point on in your district, going up, you got a lot of parks; in Commissioner Gort's, there's definitely some other areas, too, that we could look at. Commissioner Gort: I'm glad you brought that up, especially in front of the Budget Director, because I've been asking for a lot of things for the last three years, so I imagine now with all that money, we are going to be able to get it done. Commissioner Carollo: Yeah. I -- Commissioner Cort: So I'm glad it was coming up. Commissioner Carollo: -- I'm going to miss the boat on a key parcel in this district if I don't have this, and this is why I'm being blunt, and bringing it up now, and it's going to be one, fNankly, that -- all of us have in our districts areas that, really, they're within our district, but they impact all of our other districts, very much so, and the area where I'm looking to do this new park is one of those areas, so. City of Miami Page 206 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Cort: Commissioner I'm a great believer in anything you do to improve any one district -- Commissioner Reyes: That's good. Commissioner Gort: -- it improves the City as a whole. Commissioner Carollo: Yeah. Commissioner Reyes: Asa whole, yeah. Commissioner Gort: I don't have any problem. Commissioner Carollo: Thank you. Commissioner Gort: I look at the City as a whole and -- Commissioner Reyes: Now that -- Commissioner Carollo: Thank you, Commissioner. Commissioner Reyes: -- you brought that up, I was just --I have a couple of parks that they need to be fixed. West End, we have to redo the pool and we have to do a couple of things; and more important, Shenandoah. I asked the Parks Director if we'll have those funds already -- Mayor Suarez: Allocated. Commissioner Reyes: -- set aside, and he tells me, "no, " and 1 would like to set some funds aside for that. Mayor Suarez: For the pool at Shenandoah? Commissioner Reyes: For the whole Shenandoah. Shenandoah is going to revamp, hopefully. Mayor Suarez: That's fine. Commissioner Reyes: Okay. Mayor Suarez: I don't have an issue with that. Commissioner Carollo: Well -- Commissioner Reyes: Let's try, to earmark some of those funds. Mr. Rose: If I may, Commissioners? Impact fees cannot be used to repair. They can only, be used to enhance. Commissioner Reyes: You said, "enhance. " Mr. Rose: Yes, sir. Commissioner Reyes: We enhancing that park, because we're building a new pool. It's going to be larger. City of Miami Page 207 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mr. Rose: Yes, sir. That would be -- Commissioner Reyes: And then we are -- what we're doing is we are adding soccer fields. Mayor Suarez: Mr. Chair? Mr. Rose: 1 agree. Commissioner Reyes: And we are adding a lot of things. 1 mean -- Mayor Suarez: Mr. Chair? Commissioner Reves: -- it just fall within the requirements. Mr. Rose: Yes, sir. I agree. Commissioner Reyes: Okay? Mayor Suarez: Chair, are we sure that you didn't alto -- we haven't allocated previously the funds for the Shenandoah pool? Mr. Rose: There are funds for the Shenandoah pool, sir. Mayor Suarez: So there's a -- Commissioner Carollo: See, that's -- you're right. There might be some additional funds there; that's why 1 pulled the Jose Marti part out, because when we met with Chris, I'm finding a million here, a million -five there, and, you know, real money. When you add it up, you got a bunch of money, and I'm trying to see where it's supposed to go to. Mayor Suarez: Right. Commissioner Reyes: And I think that all parks should be -- Vice Chair Russell.- As the mover; I would like to understand the $4 million amendment. How would that factor into this, exactly? Commissioner Carollo: It would be an amended -- amendment to allocate, just like the I million fiom the general fund to District 5; an amendment to take 4 million from the Park impact fees into District 3, for the purpose of buying parkland. Mayor Suarez: Mr. Chair? Chair Hardemon: Yes. Mayor Suarez: So he's correct; there's $8 million in citywide Park impact fees for the purpose of either acquisition or enhancing already -existing -- Commissioner Reyes: That's right. Mayor Suarez: -- facilities. So it's the will o_f'the Commission as to whether they want to allocate it -- Commissioner Gort: You got the money. City of Miami Page 208 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mayor Suarez: -- I have absolutely no problem; particularly if you've identified the parcel. Commissioner Reyes: And I -- Commissioner Carollo: You're sponsoring -- Mayor Suarez: Yeah. Commissioner Carollo: -- the $4 million. Mayor Suarez: That's what I just said. Commissioner Carollo: Okay. Thankyou. Mayor Suarez: Okay, I have no problem sponsoring it, particularly if you've identified -- Commissioner Carollo: I have. Mayor Suarez: -- the parcel -- Commissioner Carollo: Yeah. Mayor Suarez: -- because I've said often before, that's why citywide. So, to me, "cih,wide" means the people who identify an opportunity,. I don't think we should leave an opportunity to expand, you know, the park space that we have available, particularly if there's one identified, and I've said that before, by the way. 1 said that when 1 was a Commissioner. Mr. Rose: Yes, you did. Commissioner Reyes: Well, I don't want to take the whole, but I would like to also include about the rest of the money that is needed to complete Shenandoah and rebuild the pool in West End. Kevin Kirwin: Kevin Kirwin, your Parks Director. So the Mayor's right and the Budget Director's right; the money was set aside for the pool. So as you know, Commissioner, we've been doing the planning -- Commissioner Reyes: Yes. Mr. Kirwin: --on enhancing the entire park. Commissioner Reyes: Yes, but that money -- we don't have the money for the entire park. Mr. Kirwin: No, we do not. Commissioner Reyes: Well, let's set it aside now that we are setting aside the funds. How much is it? How much do you think that we're going to need there? Mr. Kirwin: Sir, I don't like to give you a number right here. Commissioner Reyes: Okay. City of Miami Page 209 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mr. Kirwin: So its -- we were talking about synthetic turf when we met with the community, because of the use -- Mayor Suarez: I think its, needed. Mr. Kirwin: -- of play that's at that park. I know that a synthetic soccer field is a million dollars; however, that can be plus or minus -- Commissioner Reyes: Yeah. Mr. Kirwin: -- depending on the size of that. Commissioner Reyes. Set aside 2 million. of -- and that's it. Mayor Suarez: Yeah. I mean, if the Commission allocates, I have no problem. Commissioner Reyes: If Commissioner Carollo: 2 million. Commissioner Reyes: -- you agree that amendment. Commissioner Carollo: I certainly would; 4 and 2. You still got 2 million left -- Mayor Suarez: 2 left. Commissioner Carollo: -- and you got 15 more -- Mayor Suarez You have 15 more coming. Commissioner Carollo: -- coming in another five months. Mayor Suarez: Look, I'm -- I'll be honest with you. As a Commissioner, I was always very concerned and I expressed a concern of having these running balances, these large balances. If we have projects that are ready to go, we should be spending the money immediately and getting them done. So the good news is that we have 2 that remains, and we have another potential -- I don't know, if we have 15, but whatever. What do you estimate? I know that you already asked that question and he -- you sort of didn't want to answer it. I don't mean to put you on the spot, but -- double digits; is thatfair? Mr. Rose: Yes, sir. Mayor Suarez: May. Mr. Rose: So it's -- Mayor Suarez: So another 10 million, roughly -- Mr. Rose: Yeah. Mayor Suarez: -- that can be -- you know, and I think it would be incumbent on the other Commissioners to identify projects that they think that money is needed_for, and I will support that -- those allocations, as well. Vice Chair Russell: Let's stop talking before we spend it all right now. City of Miami Page 210 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Cort: This is one time -- Mayor Suarez: One time. Commissioner Gort: -- spending. Mayor Suarez: Impact fees, yeah. Commissioner Gort: Because let's not forget what we have gone through, we went through in the -- in '97; we went through in 2010. You know, keep dividing the people. We don't want to go there. Mayor Suarez: Oh, these are impact fees, but they're not -- Commissioner Reyes: These are earmarked funds, you see. That's why they are (UNINTELLIGIBLE). Mayor Suarez: These are not general funds. They don't affect in any way, shape, or form -- Commissioner Reyes: No. That's right -- Mayor Suarez: -- the financial liability of the City. Commissioner Reyes. -- earmarked funds, yes. Mayor Suarez: They can only be used for certain things. Chair Hardemon: You want to speak? Mr. Kirwin: So, Commissioner, you and the Mayor are absolutely right, and all of you have needs in your district -- Commissioner Reyes: Yes. Mr. Kirwin: -- that are capacity expansion that need to be addressed. What I recommend is that the Budget Director and I, with the permission of the City Manager, meet with you. And I agree -- You know, I'm an old budget guy, also, so - - and you may not know that. However, I would encourage us not to do it on the fly. You know, do it in a systematic approach. Commissioner Reyes: No, no, we're not going to do it on the fly. I just want to make sure that at least there's some set-aside for more parks, too. Mr. Kirwin: Totally understand. Commissioner Reyes: Good. Mr. Kirwin: And I didn't mean to say that I'm old. I just said, "I'm an old budget guy It Commissioner Reyes: You are an old budget guy, but you are not historic as I am, you see. Commissioner Gort: There's nothing wrong with being old. Commissioner Reyes: The Historic Commission -- the board, the County Historic -- City of Miami Page 211 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mr. Kirwin: By the way, Commissioner, happy belated birthday. Commissioner Reyes: Thankyou, sir. Chair Hardemon: Is all the money gone now? We ready? Vice Chair Russell: I believe we are. Commissioner Reyes: Yes. Vice Chair Russell: Mover accepts those two amendments. Commissioner Reyes: Okay. Commissioner Carollo: Okay. Commissioner Reyes: And I have a -- well, I want to make sure that you are getting those funds of the 22nd Avenue and you're parking them back where they were before. Mr. Rose: If I may do just a bit of housekeeping, Commissioners. I believe we're still on RE.23 -- Commissioner Reyes: Yes. Mr. Rose: -- which is the operating budget. Commissioner Reyes: Uh-huh. Mr. Rose: The amendments that Commissioner Carollo and Commissioner Reyes are talking about would actually be amendments to RE.24, the capital -- Vice Chair Russell.- I had asked that about 20 minutes ago, and I wish someone would have clarified, because I would like to havefinished RE.23. Chair Hardemon: But we could -- So RE.23 is notfinished? Mr. Rose: No, sir. Vice Chair Russell: No. But they keep moving back into 24. Chair Hardemon: Okay. Commissioner Reyes: Okay. Chair Hardemon: So what needs to be --? Commissioner Gort: There's a motion and a second. Call the question. Vice Chair Russell: So those amendments I cannot accept on RE.23, because they have nothing to do with RE.23. The motion on the floor is RE.23. Chair Hardemon: Right. Okay. So the motion on the floor is RE.23. Mr. Rose: Yes, sir. City of Miami Page 212 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: Is there any further discussion on RE.23? See, that's what I'm saying. I know there was -- okay. Commissioner Gort: Call the question. Chair Hardemon: I ask you this question: Is there a motion to approve RE.23 and 24? Mr. Rose: As amended. Chair Hardemon: As amended. Commissioner Carollo: As amended, with the 4 million for district -- Mr. Rose: No. Forgive me, Commissioner. The 4 million is in RE.24, the capital one. Vice Chair Russell: He's taking them both now at the same time. Chair Hardemon: Do both. Commissioner Carollo: Okay. You're putting them in 24 then. Chair Hardemon: Okay. They're in both. So -- Commissioner Reyes: Okay. So -- Chair Hardemon: Right now there's a -- Vice Chair Russell: So 171 be the mover on both. Commissioner Carollo: We -- Commissioner Reyes: The -- excuse me. Those funds for 22 -- 22nd Avenue, they are in. 24, right? Mr. Rose: Yes, sir. And I should put on. the -- Commissioner Reyes: And also, I have a question. Also, the equipment for the Fire Department is on 24, too? Mr. Rose: It is in both, actually. It's in 23 and 24, sir. Commissioner Reyes: Well, before we move, I would like to ask the Chief -- Fire Chief -- because I expressed my, concern, because the only way that I could support his item is if we are taking care of that build -- capability of fighting fires in all high- rises we have. Joseph Zahralban: Chairman, Commissioners, Joseph Zahralban, Fire Chief, Department of Fire -Rescue. Commissioner, let me begin again by thanking you for expressing your concern last meeting, and assure you that I heard your concerns and have given them the importance they deserve. In our last discussion, I outlined the _fact that sitting on my desk was a memo that spoke about updating our accomplishments, as well as revising our goals. And today, I'm pleased to report to you that we have rewritten our high-rise policy. We have completely redesigned our deployment model for our high-rise packs, including our two-inch hose and our solid board nozzles, which allow us to operate at lower pressures. We've conducted City of Miami Page 213 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 department -wide training on our new high-rise policy, our high-rise kits, and our pumping procedures to include tandem pumping, which pairs two fire engines together, allowing each one to operate at 50 percent capacity instead of 100 percent. We've replaced all of our legacy hose with new key combat -ready hose, which, again, allows us to operate at higher pressures. We have purchased a high-rise hose -testing pump that allows us to test all of our hose at four, five, and six hundred PSI, respectable -- respectfitlly. We have applied for a grant to change all of the hose throughout our department to high-pressure hose, but in the meantime, we have outfitted already our fire stations that are in close proximity to our ultra -high-rise structures. All future apparatus in our fleet, which 1 had indicated in the last meeting, will have dual -stage pumps, allowing them to operate at the necessary pressures. And most importantly and specific to your concern, we have had ongoing discussions with Waterous Pump Company, which provided its with a quote and the design for the manufacture of a portable two-stage high-pressure pump, which will be mounted on a trailer, and give us the ability to respond to all high-rise incidents and pump at the necessary pressures as an intermediate solution until we have sufficient apparatus to have them purchased and are placed strategically, both north and south of'the river. They've given us a 90- to 120 -day timeframe for that trailer - mounted pump. And again, I'd like to thank you for expressing your concerns, and also for your continued support of our mission as we work to keep our city as safe as possible. Commissioner Reyes: Thank -You very much, sir. Chief Zah.ralban: Thank you. Commissioner Reyes: Thankyou veru much. Chair Hardemon: So right now, there's a motion on the floor. What 1'd like first to do is this: I ask the mover and the seconder to withdraw their motion. Let's have a new motion that is a motion to approve RE.23 and RE.24, with the amendments that were put on the record. Is that fair? Commissioner Carollo: And read the amendments again Mr. Hannon: I'm going to defer to the Budget Director. And Madam City Attorney, do you know -- speck which amendments are for 23, or are they both; it's the same amendments for 23 and 24? Victoria Mendez (City Attorney): So Mr. Rose is just going to go briefly down the list, fust to make sure that the Commissioners were -- Vice Chair Russell: There are three amendments Mr. Rose: I agree; there are three amendments. Vice Chair Russell: One, for 23 and two for 24. Mr. Rose: I agree. Chair Hardemon: Can you state what they are, please? Mr. Rose: I can. So RE.23, the operating midyear budget amendment, has one amendment to that which was proposed, and that is to keep the/ of Resilience as it is today. That's the only amendment to RE.23 -- Chair Hardemon: Some of you (UNINTELLIGIBLE). City of Miami Page 214 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mr. Rose: -- unless anyone recalls anything else. Vice Chair Russell: That's it. Okay. Mr. Rose: RE.24, the capital midyear budget amendment, had two amendments to it. It would first be taking out Lines 41 through 45 of Attachment "B, " which is the re - appropriation, and not have the money moved into the 22nd Avenue Project; thereby shutting down the 22nd Avenue Project. There would be -- not be funding for that project. Commissioner Reyes: They're going to be parked where they were before and -- but they were going to be assigned to the project as the project is approved. Mr. Rose: Yes, sir. They would stay where they are, which is not moving into the 22nd Avenue Project. Commissioner Reyes: Not yet, but as soon as the project is approved, it will be moved. Chair Hardemon: Okay. That's a different -- Mr. Rose: They'd have to bring that back to the City Commission for that motion, sir. Commissioner Reyes: We will bring it to the City Commission, but don't spend it. Mayor Suarez Only you can allow them to spend it or not spend it. Mr. Rose: 1 have no authority without you, sir, so. Commissioner Reyes: Exactly. Mr. Rose: The second amendment on RE.24 is Commissioner Carollo's amendment, which is $4 million from the Citywide Parkland Acquisition Fund -- and I can get the "B" number, the project number to the Clerk -- and moving it into a project, but I am not clear on whatproject to move it to. Commissioner Carollo: Just put, "A project for parkland, " and then it will come. Mr. Mayor, if you got some time next week, I'd like to drive you to it. Mayor Suarez: I've always made time for you, sir. Commissioner Carollo: Thank you. Mr. Rose: And those are the three amendments that I know, Commissioners. Chair Hardemon: So is there a mover and a seconder? Commissioner Reyes: How about my $2 million far Shenandoah? Mr. Rose: Okay. That is -- I didn't hear that one get voted on. Vice Chair Russell: I -- mover accepts. Commissioner Carollo: It did, it did. City of Miami Page 215 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mayor Suarez: I think everybody's good with that. Commissioner Carollo: It was there. You just -- (UNINTELLIGIBLE). Mayor Suarez: District 4 residents, I'm very happy for them, by the way. Chair Hardemon: Its been properly moved and seconded. The mover is the Vice Chairman. Commissioner Reyes: Yeah, that's right. Chair Hardemon: The seconder is Commissioner Reyes. Commissioner Reves: That's right. Chair Hardemon: Is there any further discussion? Commissioner Carollo: One more statement -- Chair Hardemon: See? Commissioner Carollo: -- actually two, to the Manager. Mr. Manager, I am going to be voting for two positions that I don't think we need, but please make the people know that they're temporary, because if I see that there's no changes and there's really no need for,, like I believe there's not, I won't be approving that for the next year's fiscal budget. And as far as your item, I will be willing to sit down with you and discuss further, and see how it works out, and see if we can come up with a better idea where you want to merge Public Works in -- with the Transportation and Resilience Office. You know, let's leave things be as they are now, and we could look at that in the future. Chair Hardemon: Seeing no further -- Commissioner Carollo: I think your intentions were good on that. Mr. Gonzalez: You know, listen, my intentions are always to do better than what we have now. Clearly, there was a disconnect with -- to Commissioner Russell's point -- what people were absorbing, as opposed to what we were getting out. The issue here is to be better; the issue is to be stronger; the issue is to lead the way -- Mayor Suarez: To be more resilient. Mr. Gonzalez: -- and be more resilient. So -- Commissioner Gort: Communication. Mr. Gonzalez: -- thank you, sir. I appreciate your thoughts. Commissioner Carollo: Call the question. Chair Hardemon: Seeing no further questions, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Rose: Thank you. City of Miami Page 216 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: Now, I'd like to bring our attention back to RE.6. Madam Citv Attorney, what would you like for us to do? Vice Chair Russell: Support it. Victoria Mendez (City Attorne)): We've recent -- Commissioner Gort: Wait a minute. Before you go on, Mr. Manager, I'd like for you to make us all aware what the City has done so far towards the resilience. 1 know the Planning Department has been working on it, and they have made some changes, and we need to let the people know. What are we doing? What is your idea of putting the whole thing together? And what are we going to be doing; what other projects? Emilio T. Gonzalez (City Manager): Yes, sir. RE.24 RESOLUTION 4099 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), ADDING CAPITAL PROJECTS TO THE FISCAL Management and YEAR 2017-18 MULTI-YEAR CAPITAL PLAN ADOPTED WITH Budget MODIFICATIONS ON SEPTEMBER 19, 2017 PURSUANT TO RESOLUTION NO. 17-0445 AND AS SUBSEQUENTLY AMENDED ON SEPTEMBER 28, 2017 PURSUANT TO RESOLUTION NO. 17- 0475, ON OCTOBER 12, 2017 PURSUANT TO RESOLUTION NO. 17-0489, ON NOVEMBER 16, 2017 PURSUANT TO RESOLUTION NO. 17-0541, ON FEBRUARY 22, 2018 PURSUANT TO RESOLUTION NO. 18-0071, AND ON APRIL 26, 2018 PURSUANT TO RESOLUTION NO. 18-0176, 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-18-0194 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.24, please see "Public Comment for Regular Item(s)" and Item RE.23. END OF RESOLUTIONS City of Miami Page 217 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 BC - BOARDS AND COMMITTEES BCA RESOLUTION 3684 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR Clerk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Chair Keon Hardemon Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN City of Miami Page 218 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 BC.2 3685 Office of the City Clerk BC.3 3851 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: RESOLUTION NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes 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. /s1�1i71���ddl Ralph Duharte ENACTMENT NUMBER: R-18-0196 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes NOMINATED BY: Commissioner Wifredo (Willy) Gort A motion was made by Commissioner Gort, seconded by Commissioner Carollo, and was passed unanimously, to appoint Ralph Dzaharte as a member of the Bayfront Park Management Trust; further waiving the term limits of Section 2- 885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Ralph Duharte as a member of the Bayfront Park Management Trust. Commissioner Gort: What's next? City of Miami Page 219 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: All right. So what we have, we have the Boards and Committees, and we also have the ballot question and stuff, so the RE (resolution) agenda. Commissioner Carollo: Well -- Chair Hardemon: RE.10 through RE.21. Commissioner Carollo: -- let's go to the ballot questions first, if we could. Chair Hardemon: Mm-hmm. Commissioner Carollo: Okay. I -- Commissioner Reyes: Before that, I would like the Clerk to read my appointments to the -- you see, I have a bunch of appointments. I haven't appointed almost anybody. I been here six months, and I'm still getting to know them. Chair Hardemon: Fine. Commissioner Reyes: Please. Chair Hardemon: You can read the board appointments. Nicole N. Ewan (Assistant City Clerk): Okay. I'm going to start with BC.31 Bayfront Park Management Trust. Commissioner Gort will be reappointing Ralph Duharte, who requires a 5-5 term waiver. Commissioner Carollo: When is Ralph's appointment up? Ms. Ewan: It's for the Bayfront Park. Commissioner Carollo: Yeah, but when is his appointment up? Ms. Ewan: Give me one second, Commissioner. Commissioner Gort: One of the reasons that I'm asking for the waiver is because I believe that the historic chronology is very important. He's been there -- Commissioner Carollo: Oh, absolutely. He's very -- Commissioner Gort: -- and he's working -- Commissioner Carollo: -- good. Commissioner Gort: -- very hard. He's right on hand, working in there all the time. Commissioner Carollo: You know, I just didn't realize his appointment was up, that's all, Commissioner. Ms. Ewan: Commissioner Carollo, his term expired April 13. Commissioner Carollo: Oh, okay. Well, did we have a meeting at the end of'April? Ms. Ewan: But board appointments are traditionally placed on the first agenda of the month. City of Miami Page 220 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Yeah, of course. He's been an excellent board member, Commissioner, and I'm glad you appointed him -- reappointing him. Vice Chair Russell: Is that a motion? Commissioner Gort: Because 1 moved it. Commissioner Carollo: It's a motion. So move. Chair Hardemon: Moved and seconded. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Passes. BCA RESOLUTION 3852 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE Clerk FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Patricia Pino ENACTMENT NUMBER: R-18-0197 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes NOMINATED BY: Commissioner Manolo Reyes Nicole N. Ewan (Assistant City Clerk): BC.4, City of Miami Beautification.- Commissioner eautification:Commissioner Reyes will be appointing -- reappointing Patricia Pino. Commissioner Reyes: Move it. Chair Hardemon: Seconded by the Chair. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 221 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 BC -5 RESOLUTION 4059 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE CIVIL SERVICE BOARD FOR TERMS AS Clerk DESIGNATED HEREIN. APPOINTEES: Michael Dames Troy Sutton ENACTMENT NUMBER: R-18-0198 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes NOMINATED BY: Commission -At -Large Commission -At -Large Nicole N. Ewan (Assistant City Clerk): BC.5, Civil Service Board: There are three at -large seats for appointments. The following names have been proffered: Commissioner Gort has proffered Troy Sutton; !lice Chair Russell and Commissioner Carollo has proffered Michael Dames; Vice Chair Russell and Commissioner Carollo has proffered Anthony Thurston; and Commissioner Reyes has proffered Ralph Cabrera. That's four names. There are three seats available. Commissioner Carollo: Now, look, one of you has to join Commissioner Russell and myself. I mean, this is -- Commissioner Reyes: Or two of you have to join me; I don't have nobody there, you see. Chair Hardemon: The Chair would entertain a motion -- Commissioner Gort: I made my appointment. Chair Hardemon: -- for Sutton, Dames, and -- What was the other one? Ms. Ewan: Thurston or Ralph Cabrera. Commissioner Reyes: Ralph Cabrera is -- Chair Hardemon: Well, one of those positions -- Who else -- what seat was it jor the female that was -- the young lady that was on --? Do they have -- is that the same board? Ms. Ewan: Lillie -- yes, that is. Chair Hardemon: Okay. City of Miami Page 222 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 BC.6 3853 Office of the City Clerk Ms. Ewan: Lillie Harris is an appointed position. Chair Hardemon: Right. So that was one -- that was my seat. So the Chair would like to entertain a motion for those two that were just said; Troy Sutton and Michael Dames. And then, let's revisit at a later time Lillie Harris. Commissioner Carollo: Okay. There's a motion for those two. There's a second. Chair Hardemon: Any further discussion? Commissioner Reyes: Thankyou. Ms. Ewan: Ido have one clarification regarding that. Just give me one second. So we're reappointing -- okay, no; were good. Thank you. Chair Hardemon: We're good? Ms. Ewan: Yeah. Chair Hardemon: Okay. Commissioner Carollo: Okay. Commissioner Gort: Okay. Chair Hardemon: All right. Seeing no further questions, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: That motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Carlos Dulzaides (Term Ending 3/8/2021) Charles McEwan (Term Ending 5/10/2019) ENACTMENT NUMBER: R-18-0199 NOMINATED BY: Commissioner Joe Carollo Commission -At -Large City of Miami Page 223 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes A motion was made by Commissioner Carollo, seconded by Chair Hardemon, and was passed unanimously, to appoint Charles McEwan as a member of the Code Enforcement Board, further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Charles McEwan as a member of the Code Enforcement Board. Note for the Record: For additional minutes referencing Item BC.6, please see "Public Comment For Regular Item(s). " Nicole N. Ewan (Assistant City Clerk): Code Enforcement Board: Commissioner Carollo will be appointing Carlos Dulzaides; and Commissioner Gort will be appointing Charles McEwan, who requires a 5-5 term waiver. Commissioner Gort: Once again, the reason is Charles McEwan is a person that has a lot of knowledge, has been there -- Commissioner Carollo: Absolutely. So move. Chair Hardemon: Seconded by the Chair. All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion carries. City of Miami Page 224 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 BC.7 4060 Office of the City Clerk BC.8 4061 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. RESULT: APPOINTEES: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Chair Keon Hardemon Commissioner Wifredo (Willy) Gort Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes J RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. Lyse Cuellar -Vidal ENACTMENT NUMBER: R-18-0200 NOMINATED BY: Commissioner Manolo Reyes City of Miami Page 225 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes A motion was made by Commissioner Reyes, seconded by Chair Hardemon, and was passed unanimously, to appoint Lyse Cuellar -Vidal as a member of the Commission on the Status of Women; further waiving the term limits of Section 2- 885(6) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Lyse Cuellar -Vidal as a member of the Commission on the Status of Women. Nicole N. Ewan (Assistant City Clerk): BC.8, Commission on the Status of Women: Commissioner Reyes will be reappointing Lyse Cuellar -Vidal. She requires a S -S term waiver. Chair Hardemon: Move it. Commissioner Reyes: I move it. Chair Hardemon: Seconded by the Chair. All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion carries. BC.9 RESOLUTION 4062 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR A TERM Clerk AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Michelle Fernandez Commissioner Wifredo (Willy) Gort ENACTMENT NUMBER: R-18-0201 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Nicole N. Ewan (Assistant City Clerk): BC.8 [sic], Education Advisory Board: Commissioner Gort will be reappointing Michelle Fernandez. Commissioner Gort: Move it. Chair Hardemon: Seconded by the Chair. All in favor of the motion, say "aye. " City of Miami Page 226 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 The Commission (Collectively): Aye. Chair Hardemon: Motion carries. 13C.10 RESOLUTION 3855 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD Clerk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes IAFF FOP AFSCME 1907 AFSCME 871 RESULT: NO ACTION TAKEN City of Miami Page 227 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 BC.11 3856 Office of the City Clerk BC.12 1599 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo City Manager Emilio T. Gonzalez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes City of Miami Page 228 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 BC.13 RESOLUTION 4063 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL Clerk PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: Denise Galvez Turros (Alternate Business, Finance/Law — Category 8) ENACTMENT NUMBER: R-18-0202 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes NOMINATED BY: Commissioner Manolo Reyes Nicole N. Ewan (Assistant City Clerk): BC13, Historic and Environmental Preservation Board: Commissioner Reyes will be appointing Denise Galvez Turros to -- as an alternate member to the board. Commissioner Reyes: Move it. Commissioner Gort: Second. Chair Hardemon: All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion carries. City of Miami Page 229 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 BC.14 RESOLUTION 4064 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR Clerk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Chair Keon Hardemon [RESULT: NO ACTION TAKEN I BC.15 RESOLUTION 4066 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' Clerk OVERSIGHT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Justin Trieger ENACTMENT NUMBER: R-18-0203 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes NOMINATED BY: Commissioner Wifredo (Willy) Gort City of Miami Page 230 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Nicole N. Ewan (Assistant City Clerk): BC15, Miami Forever Bond Program Citizens Oversight Board: Commissioner Gort will be appointing Justin Trieger. Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon: All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion carries. Vice Chair Russell: Do we have a quorum there now? Ms. Ewan: YVe do. Vice Chair Russell: Nice. Let's spend some bond money. 13C.16 RESOLUTION 3858 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY Clerk FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Wifredo (Willy) Gort City Commission ENACTMENT NUMBER: R-18-0204 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort Carollo, Reyes Nicole N. Ewan (Assistant City Clerk): BC. 16, Miami Sports and Exhibition Authority: The Commission has one seat at large to be filled by Commissioner Gort, who is requesting to be reappointed to the board. Commissioner Carollo: So move. Vice Chair Russell: Second. Chair Hardemon: All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. City of*Miami Page 231 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 BC.17 4081 Office of the City Clerk BC.18 3472 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE OFF-STREET PARKING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: RESULT: NO ACTION TAKEN NOMINATED BY: Off -Street Parking Board (At -Large Appointment) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Elijah Stiers ENACTMENT NUMBER: R-18-0205 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes NOMINATED BY: Vice Chair Ken Russell Nicole N. Ewan (Assistant City Clerk): BC.18, Parks and Recreation Advisofy Board: Vice Chair Russell will be reappointing Elijah Stiers. Vice Chair Russell: Move it. Chair Hardemon: Seconded by the Chair. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. City of Miami Page 232 Printed on 06/2712018 City Commission Meeting Minutes May 10, 2018 BC.19 4092 Office of the City Clerk BC.20 4093 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes 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: Jose Regalado ENACTMENT NUMBER: R-18-0206 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes NOMINATED BY: Commissioner Wifredo (Willy) Gort Nicole N. Ewan (Assistant City Clerk): BC.20, Sea Level Rise Committee: Commissioner Gort will be reappointing Jose Regalado. Commissioner Carollo: So move. Commissioner Reyes: Move. City of Miami Page 233 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: Seconded by the Chair. All in favor of the motion, say, "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. 13C.21 RESOLUTION 3692 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE SENIOR CITIZENS' ADVISORY BOARD FOR Clerk TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes City of Miami Page 234 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 13C.22 RESOLUTION 3693 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AND CONFIRMING Office of the City CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF Clerk FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 235 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 13C.23 RESOLUTION 3476 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD Clerk (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes RESULT: NO ACTION TAKEN City of Miami Page 236 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 BC.24 RESOLUTION 3694 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AND CONFIRMING Office of the City CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD Clerk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Esther Alonso-Luft Lynn Lewis Joe Rasco Vinson Richter Robert Vernon Guy Forchion ENACTMENT NUMBER: R-18-0207 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes NOMINATED BY: Vice Chair Ken Russell National Trust for Historic Preservation Miami -Dade County Commissioner for District 7 Dade Heritage Trust Village of Key Biscayne Virginia Key Beach Park Trust Nicole N. Ewan (Assistant City Clerk): BC.24, Virginia Key Advisory Board: Vice Chair will be reappointing Esther Alonso-Luft. There are a couple of confirmations that's requested. The National Trust for Historic Preservation is requesting confirmation of Lynn Lewis, who is the current incumbent. Miami -Dade County Commissioner for District 7 is requesting the confirmation of incumbent Jose Rasco. Dade Heritage Trust is requesting confirmation of incumbent Vinson Richter. Village of Key Biscayne is requesting confirmation of incumbent Robert Vernon. And the Virginia Key Beach Park Trust is requesting confirmation of incumbent Guy Forchion. Vice Chair Russell: I'll move all of those. Commissioner Carollo: The Virginia Key Advisory Board, that came after I was gone, and Key Biscayne's got a -- okay. All right. Chair Hardemon: It's been properly moved by the Vice Chairman; seconded by the Chair. All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Commissioner Carollo: Iguess I'll say "ave." Chair Hardemon: Motion carries. City of Miami Page 237 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 BC.25 RESOLUTION 1603 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR Clerk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Chair Keon Hardemon Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN BC.26 RESOLUTION 2859 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM Clerk AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: William Riley, Jr. ENACTMENT NUMBER: R-18-0208 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Commissioner Manolo Reyes Nicole N. Ewan (Assistant City Clerk): And lastly, BC.26, Waterfront Advisory Board: Commissioner Reyes will be reappointing William Riley, Jr. Commissioner Carollo: Move. Chair Hardemon: Seconded by the Chair. All in favor of the motion, say "aye. " City of Miami Page 238 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 The Commission (Collectively): Aye. Chair Hardemon: That motion carries, as well. Ms. Ewan: Thank you, Commissioners. 1:IzIIxel0 *97-11 N DIM11�INX4001 ,IJ,IIaI=1='? City of Miami Page 239 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 DI - DISCUSSION ITEMS DIA DISCUSSION ITEM 4052 A DISCUSSION TO PRESENT AN ADMINISTRATIVE ATLAS Department of CORRECTION AFFECTING PROPERTIES AT 15 SOUTHEAST Planning 10TH STREET AND 25 SOUTHEAST 10TH STREET. RESULT: DISCUSSED Vice Chair Russell: Are we done? Chair Hardemon: We have a -- two discussion items -- Vice Chair Russett: So close. Chair Hardemon: -- DI I and DL 2. Are those things that we want to discuss today? Commissioner Carollo: DTI, I think, is mine and the Manager, if I'm correct, or was it put as D2? Chair Hardemon: DL I is the atlas. Commissioner Carollo: Huh? Chair Hardemon: I believe that's Mr. Garcia. Commissioner Carollo: Let me -- Chair Hardemon: Let's bring Mr. Garcia for DL 1, (UNINTELLIGIBLE)time. Commissioner Carollo: Yeah, do bring him, please. Chair Hardemon: He wears -- he wore a nice suit today, so we want to be able to see him on TV (television). Commissioner Carollo: Well, he always wears a nice suit. He's a professional. Francisco Garcia (Director, Planning): Thank you, gentlemen. Mr. Chair and Commissioners, the hour is late; I'll be succinct. I am going to hand a copy of these for each of you. Vice Chair Russell.• Thanks. Chair Hardemon: Thank you. Commissioner Carollo: Thank you for this. Mr. Garcia: It is not very often that we encounter an error in the City of Miami's Zoning Atlas; much less, one that is 44 years old, but that is the case here. And when that happens, when a graphical error is made in the City of Miami's Zoning Atlas, we administratively correct it. In this particular case, I wanted to bring it to City of Miami Page 240 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Your attention, because of how unusual it is, and because I certainly wanted to make this as transparent; and also, seek: your feedback, and answer any questions anyone may have. The situation is as follows: The sheet I've shown you contains information about two properties; in particular, the properties at 15 Southeast 10th Street, which is a property that is privately owned; and the property at 25 Southeast 10th Street, which is a property owned by the City of Miami. The property with an address at 25 Southeast 10th Street was deeded to the City of Miami back in 1974, with the specific intent that it be used and maintained as a park, which it has been all these years. As it happens, however, the zoning designation that appears presently in the Zoning Atlas shows, as you can see in the sheet, half green, which is the CS, or parks designation; and half burgundy, which is a T6-48 zoning designation, which would allow for mixed use development. Now, that has never been the intent. That has never actually happened, but what we must do to ensure that it continues to be maintained as a park in perpetuity is to rezone it as CS on the Zoning Atlas, and therefore, code it green so that its, consistent with its intended use. On the other side, at the property at 15 Southeast 10th Street, we have to do the opposite. There, what we have to do is take the area that is shaded in green, which is mistakenly shaded as parks zoning, or CS, and change it to the burgundy color so that that entire parcel can be redeveloped as a hotel, which is an application that is before us today; that's how it came to our attention that the zoning graphical error had taken place in the past. Again, in so doing -- and I'll say in summary -- we are simply captioning graphically in the Zoning Atlas what the intent was originally, by ordinance of the City Commission, and I invite you to ask any questions, or certainly, receive any feedback. Lida Rodriguez-Taseff:• Good evening, Commissioners. My name is Lida Rodriguez- Taseff. My address is 200 South Biscayne Boulevard, Suite 3400,, Miami, Florida. I represent -- I'm a lawyer, and I represent the Allen Morris Company. The Allen Morris family donated the parcel at 25 Southeast 10th Street to the City of Miami to be used as a park in perpetuity; that was the intent. However, there is current litigation pending between the City of Miami and the Allen Morris Company as a result of the fact that for several years now, the intent of the grantor has not been respected, and as a result, because the deed had a deed restriction that required that if any, portion of the property was used for any purpose other than a park that it would automatically, and without more, revert back to the Allen Morris family. So we are in the process of litigating this issue. Chair Hardemon: May I interrupt you for one second, please? Ms. Rodriguez-Taseff Of course. Chair Hardemon: The 25 part -- what -- is that the side -- is that this part, this parcel? Commissioner Carollo: No. It's the one on top, right? Ms. Rodriguez-Taseff.• It's this parcel, Commissioner. Commissioner Carollo: Yeah. Ms. Rodriguez-Taseff: This one right here. Unidentified Speaker: The northern one. Chair Hardemon: Oh, oh. The northern one. Commissioner Reyes: The northern one, where we have it. City of Miami Page 241 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: No, that was the -- that's the southern one, right? Ms. Rodriguez-Taseff:• It's the Allen Morris Park, which, is currently the -- right next to Perricone's. That's the one that] think we're talking about. Chair Hardemon: It's on the south side of Perricone's. Ms. Rodriguez-Taseff There's -- yes. There's two -- Chair Hardemon: Not across the street f •om Perricone's. Ms. Rodriguez-Taseff: There's also a park that -- Commissioner Carollo: Another one. Ms. Rodriguez-Taseff.'-- that's across the street from Perricone. They were deeded together by the Allen Morris Company, and are supposed to be the Allen Morris Park. So the two parcels that are currently -- one next to Perricone's and one right across the street, those are supposed to be the park. Chair Hardemon: Okay. Go ahead. Ms. Rodriguez-Taseff.• Anyway, Commissioners, what has happened here is, we're mired in litigation. The litigation will be resolved when it is resolved. However, because the Allen Morris Company has filed a lawsuit, there is a lis pendens of record, and there is current ongoing litigation. And this is really, not a correction of a scrivener's error. This is essentially a zoning change. And because it is the position of the Allen Morris Company that this property has reverted back to the Allen Morris Company, and if a court determines that that is the case, it would have reverted as of the time that the deed restriction was violated. Then Allen Morris -- the Allen Morris Company asks that, to the extent that the -- that there's going to be any correction of what is believed to be a mistake that it be done only on the parcel that is the 15 Southeast 10th, and that it -- there would be a correction of the error as regards to the Allen Morris -- that there would be no correction as regards to the Allen Morris parcel, and that all that is corrected is the private property owned next to it. We don't care what happens with thatproperty. You correct the error however you feel you need to correct it. But as regards the parkparcel, we're in the middle of litigation, and it would not be appropriate to do so, because it is our position that the parcel has already reverted to the Allen Morris Company; meaning, we own it right now, and we should have been noticed, and we should have been provided with an opportunity to oppose this. And because it is the Allen Morris parcel, it has reverted; therefore, there is no need to change the designation from T6-48. Thank you. Chair Hardemon: I have a question for you, ma'am. Ms Rodriguez-Taseff Yes, of course. Chair Hardemon: The property that was deeded over from your client to the City of Miami is considered parkland? Ms. Rodriguez-Taseff: It would have been considered a park, yes, and was previously zoned as -- prior to Miami 21, it had the park -- PF [sic] designation; and subsequent, has the CS designation, but part of it is zoned multi -use, which is the T6- 48. City of Miami Page 242 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: And is that the parcel that is bevond this red boundary? Ms. Rodriguez-Taseff'. Correct. So there's -- This parcel is the park. Half of it is zoned -- Chair Hardemon: We're not looking at the same -- Ms. Rodriguez-Taseff Oh, are we looking at the same picture? Chair Hardemon: -- map, so, yes. So it's a little different for me. Ms. Rodriguez-Taseff Okay. Let me see yours. Chair Hardemon: Can you pass it --yeah, that's worse. Speak into this microphone, if you can. Ms. Rodriguez-Taseff Thank you, Commissioner. The Allen Morris Park encompasses this parcel and this parcel. That's the Allen Morris Park. Chair Hardemon: Do again. You could use that. Ms. Rodriguez-Taseff:- The Allen Morris Park encompasses this parcel and this parcel. Chair Hardemon: Okay. Ms. Rodriguez-Taseff.• The correction needs to occur with regard to this, which is the Perricone parcel, or currently owned by another company, but that is where the correction needs to be. This parcel is mired in litigation, because this is the Allen Morris Park. Chair Hardemon: So you -- but my question to you is that -- but right now, it's a park. And the proposal that's being made by the department is to continue it being named as a park. And so, that -- we're just trying to understand what your objection is to it continuing to be named as a park. Ms. Rodriguez-Taseff While there is litigation. pending -- and ifI -- Chair Hardemon: Sure, you can step back. Ms. Rodriguez-Taseff.• While there is litigation pending, the Allen Morris family is not asking that the park be undone. However, there is no need to change the existing designation at this stage. Litigation is pending. The designation with regard to the park is twofold. There's part of the designation based on the map. Part of the designation is CS, which is the park designation. But the other half of' the designation is the T6-48, which is mixed use development. Chair Hardemon: Which is outside the boundaries of the parcel that is owned by your client. Ms. Rodriguez-Taseff: No. Part of'the park is zoned T6-48. Chair Hardemon: But that's the part that's in Perricone's property. Vice Chair Russell: No. Ms. Rodriguez-Taseff: No. City of Miami Page 243 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: No? Vice Chair Russell: Mr. Chairman, if I could? Chair Hardemon: Please. Vice Chair Russell: This is in my district. I'm very familiar with this. 1 know we've been in litigation. There were some efforts to settle. Allen Morris would like it back to develop. The City's pretty much taken the position that we believe this is our park, and we want to fight for our park. But what -- I'm not understanding what you're contending at this point. Are you saving that this was not a scrivener's error; that this was intended to be T6-48? Because that's in contradiction to what I have understood from our Administration. I -- because I believe that you would agree that it was intended to be CS, completely, in the donation and when it was memorialized. There's simply a mapping error. If you're right and you win, of course, everything will go back to you and it'll be what it will be. But in the meantime -- and I don't believe this is something we're voting on. Our Administrator -- I mean, our Planning and Zoning Director has -- our Planning Director has the wherewithal to make this change without us; just to correct our map to what was intended by your client, as well, originally. Ms. Rodriguez-Taseff: No. And here's why: There is now a discussion or a dispute, because of the fact that this property was deeded with a deed restriction. Vice Chair Russell: Agreed. Ms. Rodriguez-Taseff: Whether or not it was intended to be CS, or whether this is a scrivener's error or a mistake is an issue that hasn't been resolved, and simply changing the map at this stage is essentially a zoning change to a piece of property that, if it reverts back to us, needs to be T6-48, because that's the designation that Allen Morris would seek if it reverts back. Chair Hardemon: Ahh. So -- Ms. Rodriguez-Taseff So it's been like this for 34 years. Chair Hardemon: So you would want -- Victoria Mendez (City Attorney): Actually -- Chair Hardemon: So she would want -- you would want to skip the step of having gone back from a park to T6-48, so that's what it's really all -- Ms. Rodrigues-Taseff.- No. Chair Hardemon: No? Ms. Mendez: Well, he -- actually, the Chairman has a great point, and I would just say that we can leave it at that -- Vice Chair Russell: Let us not speak more. Ms. Mendez: -- because, you know, we've given her a lot of leeway to explain everything she wanted to explain, but at this time, this is not even one of the issues in litigation. This is just a discussion item. Mr. Garcia has expressed to the Commission what needs to be done, and we're pretty much done with this item. City of Miami Page 244 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: Understood. Thank you very much, Mr. Garcia. Would you like to add anything else? No? Is that all? Mr. Garcia: Simply, sir, to say that the reason we feel compelled to move forward and correct what I will once again restate is an error in graphics only is because in so doing, we will be completely consistent with every ordinance passed by this City Commission, and in so doing, we'll move forward and make the correction. Thank you, sir. Chair Hardemon: Thank you very much, sir. You're a gentleman and a scholar. D1.2. Ms. Rodriguez-Taseff: And one last point in closing: This -- if this is an error, it has existed for 44 years. We're in the middle of litigation. Wait till the litigation, is over to correct your error. There's no need to correct it right now. It's existed for 44 years. If we're -- If this error is, in fact, an error, it needs to be believed. Chair Hardemon: Thank you very much. Ms. Rodriguez-Taseff Thank you. DI.2 DISCUSSION ITEM 4095 DISCUSSION REGARDING THE CITY MANAGER. Commissioners and Mayor RESULT: DISCUSSED Chair Hardemon: DL2. That is the City Manager. Do you move that, or talk about it? Vice Chair Russell: Cake? Cake, anyone? Commissioner Carollo: It won't be long, because my (UNINTELLIGIBLE) one. I'm going to want it. Like the presentation she made, it impressed me; video and everything. I think -you get -- you'll get a lot more out of it once you do it that way. But here is one that -- in DI [sic], Mr. Manager, these are the problems that I'm having, and I'm going to go into a short one before I get into this one, and I'm going to go into the short one first so you could understand why I'm feeling the way that I am. Formula 1, when did they first contact you on Formula I? Because I remember you told me that you were not a happy camper; that they came to you at the last second, and I think you said the day before yesterday, and they were asking you to put certain things, and you didn't have time to really look it over. Emilio T. Gonzalez (City Manager): Yes, sir. Commissioner Carollo: When did the people from Formula I actually came to talk to you about that? Mr. Gonzalez: A couple days ago. I had been informed by staff since I arrived that these negotiations were ongoing -- Commissioner Carollo: Yeah. City of Miami Page 245 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mr. Gonzalez: -- which, in principle, I support the event but -- Commissioner Carollo: Yeah; we all do, in principle. Mr. Gonzalez: --1 asked to be briefed specifically -- Commissioner Carollo: Yeah. Mr. Gonzalez: -- by the representatives of Formula 1, because I needed to know some details, or at least give me some ballpark information. Commissioner Carollo: And that's, you know, right, Mr. Manager; you should. Who contacted you that spoke to you on it? Mr. Gonzalez: That would be Vincent Betancourt, who is our special events individual. Commissioner Carollo: Yeah, but you had mentioned to me you had spoken to someone else. Mr. Gonzalez: I -- no. I asked to speak with the individuals responsible for this. They came to see me. Commissioner Carollo: Okay. Who was that? Mr. Gonzalez: It was Brian May, it was the general counsel for the Dolphins, and Tim Gomez. Commissioner Carollo: Okay. When did they see you? Mr. Gonzalez: Probably a couple of days ago. Commissioner Carollo: Okay. Here is a problem that I'm having -- and your actions were correct in this instance. I, you know, back you a hundred percent in what you're asking. But Mr. Clerk, when did Brian May register as a lobbyist on this issue? Nicole N. Ewan (Assistant City Clerk): One second, Commissioner. Commissioner Carollo: Sure. Vice Chair Russell: You have a digital database for lobbyists? Commissioner Carollo: It's there? Is it here? Ms. Ewan: May 10, 2018. Commissioner Carollo: What day is that? Ms. Ewan: That is today. Commissioner Carollo: Okay. He wasn't registered as a lobbyist when he met with you. Tim Gomez, did he mention -- When did Mr. Gomez register as a lobbyistfor this particular issue? Ms. Ewan: May 10, 2018. City of Miami Page 246 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: That's today. Ms. Ewan: That is, too. Commissioner Carollo: So these guys have been used to doing business whichever way they want to. And here's a guy that's been upfront, forward, in a major lawsuit against the City, and they got the gall and the nerve to meet with you, Mr. Manager - - I'm not blaming you; you didn't know -- without having registered as lobbyists. Now, I don't know what our ordinance says, if there's a fine or anything, but Madam City Attorney, we shouldn't let something like this just go unattended. They know better. These guys are senior foxes. They're well aware of what they have to do, and they just didn't care. You know, they wanted to move this whichever way they had to without registering. And today, I guess they felt that everybodv was seeing them here, so they had no choice but to register. So I hope you understand what I'm trying to put across, Mr. Manager. Here is a publication -- that's Miami Today -- came out two days ago, May 8, 2018. And it talks about our Miami Riverfi-ont [sic] building that we had spoken about it. In fact, I think we had the same ideas on one possibility that we had open; that we could put another building there, if need be. Here, it says that, "Negotiations between Adler and the City have been ongoing more than a year, and River Commission officials have kept close contact with the City about the fate of the high-profile site. Michael Llorente, an attorney for Adler, who is also a member of LSN Partners, told the Commission negotiations had processed" -- 'progressed enough, " rather -- "to target the August primary election for the proposal. " He's telling the Riverfront Commission that negotiations have progressed enough to be able to go on the August primary. Here we go with another August primary target. And he says that the parties asked to go on. the May 7 agenda. But he said Monday that, "Upon further reflection, they agreed to shoot for a November vote, affording more time to work out details and get a full review by all players. " Well, that's very generous of him. But have you had any further contacts or meetings in negotiating with Llorente, LSN, or the Adler people on our MRC (Miami Riverside Center) property? Mr. Gonzalez: Sir, when I was appointed early on, actually, one of my first meetings was with Mr. Adler and his company, and his colleagues. They explained to me the nature of an RFP (Request for Proposals) and so forth, and so on. I was probable -- I will tell you right now, I was not enamored at that time with what I was being told. I put it on hold. Since then, they ve come back. I have met with them. They're clearly not ready for prime time, whatsoever. We've agreed to nothing. We are looking at numbers. We're looking at possibilities. There may actually be another site. So I will tell you that, yes, I have been meeting with them; yes, we have been asking each other questions, but that's part of the process, as I understood the RFP gave us. Commissioner Carollo: Yeah. Did you meet with Mr. Llorente; that's one of the people that you met with? Mr. Gonzalez: Yes; he and a very, large group ofpeople, yes. Commissioner Carollo: Okay. How long ago was the first time you met with him, though? Mr. Gonzalez: Oh, how long is -- the first time? Commissioner Carollo: Yeah, yeah. Mr. Gonzalez: That would have been probably shortly after I was appointed. City of Miami Page 247 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: Okay. And I have no idea -- hopefully, Mr. Llorente did it right and registered, but can you check it out for me; when he registered with the City for the Adler Group? I m hoping that -- Vice Chair Russell: January 8. Commissioner Carollo: Huh? Vice Chair Russell: January 8. Commissioner Carollo: Of this year? Well, that sounds about right then, when the Manager came. I'm going to have to ask you from now on, and not the Assistant Clerk. Vice Chair Russell: This is (UNINTELLIGIBLE) on the Clerk's website. This is our new -- Commissioner Carollo: By the way -- Vice Chair Russell: -- office system. Commissioner Carollo: -- let's -- You know, I've been meaning to say, this, but I wanted to wait until the end. You know, I -- you know, through the day, the more I look at you,, I'm becoming fond of that Kim Un -Jong [sic], new -looking (UNINTELLIGIBLE). Vice Chair Russell: Oh, no, no, no. Commissioner Carollo: Well, I'm just wondering if that's -- Vice Chair Russell: No, no, no. Commissioner Carollo: -- in favor of the nuclear negotiations with Trump -- Vice Chair Russell: No, no, no. Commissioner Carollo: -- or showing your protest against Trump -- Vice Chair Russell: No, no, no. Commissioner Carollo: -- and his negotiations with Kim. Commissioner Gort: He (UNINTELLIGIBLE). Vice Chair Russell: Meeting adjourned. Chair Hardemon: All right. All hearts and minds clear, seeing no further discussion or anything on the agenda, this meeting has come to conclusion. Enjoy your nights, ladies and gentlemen. END OF DISCUSSION ITEMS City of Miami Page 248 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 M - MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR FRANCIS SUAREZ END OF CITYWIDE ITEMS City of Miami Page 249 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 250 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 251 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE JOE CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 252 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR MANOLO REYES END OF DISTRICT 4 ITEMS City of Miami Page 253 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 254 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 FL - FUTURE LEGISLATION END OF FUTURE LEGISLATION City of Miami Page 255 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 NA - NON -AGENDA ITEM(S) NA.1 RESOLUTION 4144 A RESOLUTION OF THE MIAMI CITY COMMISSION MOVER: AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE Commissioners and ANY AND ALL ACTION(S) NECESSARY, IN LAW OR EQUITY, Mayor REGARDING THE EXCESSIVE AND UNREASONABLE DELAYS Chair Hardemon: OF THE FLORIDA DEPARTMENT OF TRANSPORTATION'S ROADWAY CONSTRUCTION PROJECTS ON WEST FLAGLER STREET AND SOUTHWEST FIRST STREET. ENACTMENT NUMBER: R-18-0195 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: Any questions? Commissioner Reyes: Yes. I -- another -- you here -- I had a pocket item, which was a resolution that -- it's a resolution -- And I know that you are not the right person; maybe you can take the message up to Tallahassee. It's a resolution of the City of Miami Commission authorizing and directing the City Attorney to take any and all actions necessary in law or equity regarding the excessive and unreasonable delays of the Florida Department of Transportation Roadway Construction Projects on West Flagler Street and Southwest 1st Street. That has caused harm and -- I mean, you cannot imagine how many people have closed their businesses and how much money they have lost because of the, I mean, the delay, that it is -- many people, they cannot think a reason why that delay took place. And I know the Mayor -- the City Mayor, and he is co -sponsoring this resolution. And I would like -- Madam City Attorney, could you read the resolution? Chair Hardemon: Well -- Victoria Mendez (Ci(v Attorney): You read the -- Chair Hardemon: -- you read it into the record. Yeah. Ms. Mendez: --title perfectly. Commissioner Reyes: The title, okay. Ms. Mendez: So that's -- Commissioner Reyes: Is that enough? Ms. Mendez: That's enough. Commissioner Reyes: Okay. Chair Hardemon: Mr. Mayor, you're recognized. City of Miami Page 256 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Mayor Francis Suarez: Thank you, Mr. Chair. Thank you, Commissioner. It's an honor for me to join you on this resolution; it's long overdue. You know, we have -- as Commissioner, I tried to establish a fund to help the business owners in the Flagler project area, even though it wasn't in my City Commission district. I've also written a letter to the Governor; have called and texted the Governor on this issue. And, you know, unfortunately, people don't know sometimes the differences in the different levels of government; and so, they always ask us, "What can we do? How can we do more to protect them?" And so, we're going to do everything that we have -- that we can within our power. And I commend you for taking this step to address something that has gotten to the point where people actually believe that governments are conspiring against them to try to constructively evict them from their properties and kill their businesses -- Commissioner Reyes: That's right. Mayor Suarez: -- so that people can move in and build big buildings or the development community could actually swoop in and buy these properties. So that's how had it's gotten. Commissioner Reyes: That's right. Mayor Suarez: And what's even probably worse than all that is that next to the Flagler project was the 1st Street project, which was done quickly, and without incident. And so, what I don't understand is why were two contractors selected? How come one performed well and quickly, and another one has not been able to? So I can tell you that -- I would imagine that there's probably not too many construction projects that are 30 blocks in nature that get the attention of the Governor and the Secretary. So I think it has happened because of just the way that this has all gone down. Commissioner Reyes: And I would like to add, Madam City Attorney, that we have to find the -- a way in which any time the State or the Federal Government is doing any work in one of our streets that we're going to have provision for those people -- for those businesses that are -- they are going to be suffering, you see, because this is undue harm that has been created. And as the Mayor was saying, you see, many people, they are believing that the objective is to, I mean, do everything that is possible for those business to go bankrupt, and then somebody will come in and take those -- like gentrification. That's what the term is, just thinking about it, you see. Chair Hardemon: Commissioner Carollo. Oh, I'm sorry; whenever you're done. Commissioner Carollo: You done? Okay. Thank you. Well, you are all right; this is long overdue. And I don't think any one of us would disagree that we're all in agreement on this one here. However, let me just say that while the intentions are very honorable and we're heading in the right track, there needs to be a lot more here to be able to have a winning lawsuit. I've been working at this quietly for some months since I've gotten back. I think I've gotten enough information of what we need to put into a legal brief that would make it more ironclad that we could succeed in a lawsuit with the State. So I will certainly back this today, like we all have, but I am going to come back to this body with some additional information that we will need to include to make sure that were going to succeed and that we're going to get to the heart of 'this, because for over two years -- Commissioner Reyes. Yes, sir. City of Miami Page 257 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Commissioner Carollo: -- we've had residents of mine, I mean, suffering, and it's not just the business owners that are there that have lost tremendous amount of monies, some have lost their business, but it's also the residents of Miami; a lot of the elderly that live in that area that can't even go shopping to their supermarket, because the streets are all broken up; some have even fallen, because there are no sidewalks; just sand holes and rocks, and broken cement all over the place. And I'm amazed that the State of Florida would do this for over two years and not really care. They knew from day one that they could not finish this project in a short time. So why did they have to go and break up all the streets from beyond 27th Avenue towards Commissioner Reyes' district through the bulk of my district, 3, all the way to the Miami River? I am amazed that they did that. But I'm even more amazed that we have had from the Governor and down all the top ponchos in Tallahassee that are the ones that could truly do something about this. They come here almost on a weekly basis, certainly on a monthly basis, and they don't address this at all. Even our local media -- Commissioner Reyes: Elected officials. Commissioner Carollo: -- what we have left of it -- they ask us about it. We have nothing to do with it. It's not within our power to do anything about it. But I don't know of any that have put those mikes on the Governor and the other State officials and the man that answers from them. So that's where the problem lies. And I think that we have to end up doing something; not just for our community, but.for the whole State of Florida, so the State will never dare do something like this again. And mind you,, they're even looking at other projects in Miami. Commissioner Reyes: Yeah Commissioner Carollo: I've heard that they want to come into 8th Street and do some additional projects, and this is just totally unacceptable. So I, you know, compliment you, Commissioner, for doing this. And 1 also would like to join you -- Commissioner Reyes: Thankyou. Commissioner Carollo: -- in sponsoring this for round one, and then we'll come backfor round two to make it iron -clad. Commissioner Reyes: Yes. Thank you, Commissioner, and -- for your support. And you were -- mentioned the citizens, residents of the area. The other day, I was driving around 1st Street and I saw one of those Metro buses; that an old man was using a cane, and he was getting off the bus, and the bus stopped at a place that it was all rocks and very uneven pavement, and the man fell. I stopped my car, and everybody that was there, they tried to pick him up and -- I mean, that's not right. And Commissioner Carollo mentioned something, which is a standard procedure in every single State job and also -- I can say it also in Federal jobs also, that you allow the contractors to break, break, break, break, break, and break, and keep on breaking without fixing what they broke before. You don't do it on stages. And let me tell you this: I know that what -- why it is done. You break, you break, you break,- you draw, you draw, you draw, you see. And -- but that is something that you should take into consideration when you are granting those contracts, you see, because we, in the City of Miami, will never allow that. And I don't think that any city in the State of Florida would allow that, because we are concerned about our residents, you see. And it seems, the way it is -- I'm not accusing you of anything -- that there is not a slightest concern for the residents of the areas that you are working in. And now, if you go into 8th Street, you see, you're going to create all this havoc again if you don't do it differently, but we are going to be ready for you guys. Okay? Thank you, sir. City of Miami Page 258 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Vice Chair Russell: Thank you. Chair Hardemon: Is there a member of the public that would like to speak on the pocket item, which is a resolution authorizing the City Attorney to take any necessary actions in law and equity? Is there a member that wants to speak on this item? You're recognized, ma'am. Brenda Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. Yes, our concern is serious. We're going to thank Commissioner -- well, it was our Commissioner Francis who help -- $50, 000 for those business owners last year. And it's serious. It's not that the residents are thinking that they are being displaced; they are being displaced. We have tried to work with FDOT (Florida Department of Transportation), and unfortunately, thev don't want to spend more money on, give -- firing this contractor to hire another one, because it's going to be harder, but we need to make sure that the contract is being followed. They're not following the contract. We spoke with David Richardson, we spoke with Jose Javier Rodriguez, and they trying, but the contract that they have, they are horrible. The City need to make sure that our residents are not falling; that our seniors are not breaking their arms, their legs, their hips, because that is what's happening. And they are being displaced, so it is serious. And, yes, the City should make sure that every FDOT property that thev -- project that they have that is being revised by the City. You see Coral Way in Coral Gables. Did they do the same thing they do to Flagler? No. Miami Beach, did they did the same thing in Alton Road? No. Why the City of Miami allowed to FDOT to push the residents around? That's on you guys. Miguel Soliman: Good morning, Mr. Chairman. Good morning, Commissioners, Mr. Mayor. Miguel Soliman, 1436 Southwest 6th Street. You know, Flagler has been -- it's incredible, and they have followed no standard construction of forms of any sense. There's something called a "CPM, " which is a Critical Path Method, which is what you create for every project, and you follow that CPM, and it stages, the project. Well, in this case, there is no following of a CPM, and this is a standard across the United States. For instance, I'll give you an example: Flagler and 12th Avenue. I had a meeting with the gentleman in charge of the project last year in October, where we were told -- I was told that by November, Flagler and -- by Thanksgiving was the goal -- that Flagler and 12th Avenue would be finished, because there were 10 businesses there, plus the Sedano's that were directly being affected. Well, needless to say, it's past Thanksgiving, and we're still here, and Flagler and 12th is still destroyed. There have been incidents that are incredible on Ist Street. There was an 85 -year-old lady that, for three weeks, had piles of rocks across her apartment building, and she could not get deliveries of her medicine, she could not go to the groceries, because there was no way of anybody getting to her apartment. That is a hazard. If Fire -Rescue needs to go into there, they cannot. Another lady fell on -- broke her shoulder; another one, knee surgery. I mean, and I could go on. It's countless. I have pictures of light poles that were removed; the concrete box underneath the light pole broken, with exposed wires, in a neighborhood where it's .full of elderlies and children, with exposed wires for months. I had to take pictures of it, bring it to the attention of our State Representative, bring it to FDOT, because the wires, if it rained -- and there was puddles there constantly -- anybody that stepped in the puddle would get electrocuted. I have drainages, brand-new drainages, where the pile of dirt was just placed over the drainage, and it rained, and the dirt just washed into a new drainage. When I brought this to their attention, their response was, "Oh, but we're going to clean it before we turn it over. " That's not the purpose. That's not the way you work. You protect that drainage, and you protect the public, and this is uncalled for. I have all these pictures and all this information. If the Commission needs it, it is at your disposal. I will provide it to you for any legal matter, along -- as a City of Miami Page 259 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 professional, as a general contractor, my testimony in a court, if necessary, testifying to all this information. Thank you very much. Chair Hardemon: Thank you very much, sir. Seeing no further questions or comments from the public -- Commissioner Reyes: Yes. Chair Hardemon: -- and no further discussion from the dais -- Commissioner Reyes: Can I add something? Chair Hardemon: You want to add something? Sure. Commissioner Reyes: Commissioner Carollo and the rest of the Commissioners, and the Mayor, I think that this is a problem that affects all of 'us, and anybody -- and I know that you are an attorney and -- 1 mean -- and so is the Mayor -- any additional help of anything that you find that could help us in this case, welcome; please work with the City Attorney. And what I would like is to try to formulate a solution that -- for future FDOT jobs and/or Federal jobs in our streets. Chair Hardemon: Thank you very much. Seeing no further comments -- Commissioner Reyes: Thankyou. Vice Chair Russell: Mr. Chairman. Chair Hardemon: -- all in favor -- Vice Chair Russell: Sorry. Commissioner Gort: Aye. Chair Hardemon: Well -- Vice Chair Russell: Just a moment. I just --I had a question for the City Attorney. I will vote "yes" on this item. I have not been briefed in full on our legal standing for where -- what the exact claims would be and what our chances would be. I'm not looking for a shade session, but I would like to get a separate briefing on the item. I certainly know the hardship that the neighborhoods are receiving there, but I don't know the legal case against FDOT in this case. We just finished a mediation with FDOT on the bridge issue. We always hope to find positive ways to get through our problems and differences, but if there is true legal grounds here to push harder, we need to do it for our residents, so I'm with you. Commissioner Reyes: Okay. So I make the motion to pass this resolution. Chair Hardemon: All right, its been properly moved and seconded. The -- all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. Okay. Commissioner Reyes: Thank you. Chair Hardemon: Thank you very much, ladies and gentlemen. City of Miami Page 260 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 NA.2 DIRECTIVE 4158 DIRECTION BY COMMISSIONER CAROLLO TO THE CITY MANAGER TO PROVIDE A LIST OF ALL CITY LEASES TO THE Office of the City CITY COMMISSION THAT INCLUDES THE AMOUNT OF Clerk REVENUE RECEIVED FROM THESE LEASES FOR THE PAST FISCAL YEAR, IN ADDITION TO WHEN THE LEASES WERE LAST AUDITED. RESULT: DISCUSSED Note for the Record. For additional minutes referencing Item NA.2, please see Item PH. 7. Commissioner Carollo: Mr. Manager, what I'd like for you to present to this body is a list of all the City leases that we have, the amounts that we've got in the lastftscal year, and when's the last time that they were audited so that we could have an idea if this pattern is even worse than I'm finding or not; so that we could have an idea if we're actually losing hundreds of thousands, if'not millions of dollars. Just in that one booting contract that people are resting on, we got taken for over $700, 000, and no one did a single audit, and that was I think for a couple of years or so that we didn't audit that (UNINTELLIGIBLE). Emilio T. Gonzalez (City Manager): Your point is well -taken, sir. We'll make sure we carry that out. NA -3 RESOLUTION 4153 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Office of the City THE CITY MANAGER AND THE CITY ADMINISTRATION TO Clerk CONDUCT ANNUAL AUDITS OF ALL CITY CONTRACTS, LEASES, MANAGEMENT AGREEMENTS, REVOCABLE LICENSES, AND OTHER USE AGREEMENTS FOR USES OF CITY -OWNED PROPERTIES AND CITY -OWNED FACILITIES BY THIRD PARTIES; FURTHER DIRECTING THE CITY MANAGER AND THE CITY ADMINISTRATION TO PROVIDE THE RESULTS OF SUCH ANNUAL AUDITS TO THE CITY COMMISSION. ENACTMENT NUMBER: R-18-0209 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For additional minutes referencing Item NA.3, please see Item PH. 7. Chair Hardemon: Commissioner Gort. City of Miami Page 261 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Commissioner Gort: I'd like to ask of this Commission that we ask our Internal Audit [sic] to go ahead -- that he should be auditing all of those contracts that we have. Chair Hardemon: We agree, we agree. DREAM (Department of Real Estate & Asset Management), that's Mr. Rotenberg. Commissioner Gort: Now, that's -- that order's got to come from its, from the Commission. He works for its. So I'm making the motion that we request that he look at the auditing of all the contracts that we have. That's a motion. Chair Hardemon: It's been seconded by the Chair. All in favor, say "aye. " Commissioner Carollo: Second. The Commission (Collectively): Aye. Chair Hardemon: That motion shall carry. Okay. Now -- Ms. Leiva: Mr. Chairman, this is completely outside the box, but the members of the community would like to have a photograph with all of you, so -- Chair Hardemon: We can't do that at the moment. Ms. Leiva: -- when you take the break, maybe you can. -- Chair Hardemon: I think they disagree. I think they disagree. Vice Chair Russell: It's lunch break almost, and -- Chair Hardemon: Right. Were almost there. Vice Chair Russell: -- I'll be glad to meet you out front. Chair Hardemon: So justgive as some time to do some work. Ms. Leiva: All right. Vice Chair Russell: We need some pizza and a beer. NA.4 DISCUSSION ITEM 4159 DISCUSSION BY MIAMI-DADE COUNTY SCHOOL BOARD Office of the City MEMBER DR. DOROTHY BENDROSS-MINDINGALL REGARDING Clerk THE NEED FOR CROSSING GUARDS AT PHYLLIS WHEATLEY ELEMENTARY SCHOOL AND FREDERICK DOUGLASS LRESULT: ELEMENTSCHOOL. DISCUSSED Chair Hardemon: The first thing I'd like to do -- Everyone, please move quietly. Everyone, please move quietly. I'd like to recognize a member of our community who would like to say something to this body. She's been elected in a number of different positions. She's currently serving as -- in our School Board, Dr. Mindingall, who was my foriner elementary school principal. You are hereby called to the floor to address this body. City of Miami Page 262 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 (Applause) Dorothy Bendross-Mindingall: Still morning. To this august body, our Chair; and Commissioners -- I believe 1 saw the Mayor earlier -- thank you for allowing me a couple of minutes of your time. 1 am your School Board member for District 2, and 1 do appreciate this lesson in democracy. What I'd like to see, fat all possible, is that we bring a number of children to this place so that they can learn what is appropriate. And 1 thank our Chair for bringing up the fact that some of us do live in Liberty City, and we would want to be trained in, of course, aquatics. I say to you this morning that we, as a group of Overtowners and Liberty City people, we want to save our children. As you have been observing for the last years and months, out- children urchildren are not staying with us very, very long, so if there's any way that we can put ourselves in the forefront of accidents that will happen if we're not careful. Before I move on, with rnv verbiage, I'd like to thank the people -- there is someone behind me, right? -- from Overtown and other places who have noticed, observed the fact that two of our schools in District 2, two of ' them, Phyllis Wheatley -- and of course, Dunbar has a crossing guard -- and were looking at Phyllis Wheatley and Douglas Elementary School, they don't have crossing guards. I did my research last night, and I know that you know this, because all of you are very, very smart. You know that the School Board does not hire crossing guards, and we do not train crossing guards. You know where you get into the mix with what you do, so I'm just here to ask you if you could possibly find a way to get the crossing guards at those two schools that I mentioned that are in the ON of Miami. Now, we are proffering probably, something that you probably did not want to hear. We're looking at sending some of our police officers there until we can get this thing worked out to save our children. I know that we're all strapped, budgetarily, but we know for a fact that if we do not do what we need to do to save our children, no money in the world can bring them back. So I had a speech, but 1 made sure that I came from my heart. Hopefully, you'll understand and you will be able to help us get those crossing guards there as soon as possible, and of course, we'll help wherever we can. Chair Hardemon: School Board Member -- Ms. Bendross-Mindingall: Yes. Chair Hardemon: -- and I'll be the first to say -- because I learned to admit my mistakes, and I also learned not to be afraid to say that I don't know something -- I did not know and I did not realize that the City of Miami provided crossing guards; that that was a service that we provided. It would have been to me intuitive that the school would have been a part of that process, because they're so, you know, integrated in what's happening at the school. And it's not a budgetary restraint, at all, for the City of Miami to provide crossing guards to those schools. I wonder if there's a reason why they're not there. Is it that because the road that they have to cross to get to where they're going is not large enough or --? Whatever it may be, I don't know. But I want -- I recognize Commissioner Gort, and then hear from our City Manager about (UNINTELLIGIBLE). Commissioner Gort: My understanding is, I received notice that they have opening for a crossing guard. I was told that we needed to have people apply. Yes. Chair Hardemon: Please, Chief: Chief'Jorge Colina (Miami Police Department): So we do have crossing guards. Chair Hardemon: Can you identifi, yourself for the record, please? City of Miami Page 263 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 Chief' Colina: Yes. I'm sorry. Chief Jorge Colina, City, of Miami Police Department. Chair Hardemon: And your name badge, I notice it matches your actual name. Chief Colina: Yes, it does. Chair Hardemon: That's nice. Chief' Colina: Yes, it does. We have -- the TO (Table of Organization) for school crossing guards in the City of Miami is 40. So if we're fully staffed, we would have 40 school crossing guards. We have 30 school crossing guards. We have 10 vacancies. We hired two on Monday. We still have 10 vacancies. We are in the process of hiring. Chair Hardemon: How much do those crossing guards make a year? I know it's not a lot of money. Chief Colina: $9.50 an hour. Chair Hardemon: Okay. So -- Chief Colina: There's no benefits. It's only during school time,, and it's only for the hours in the morning and then when there is dismissal. So it's -- honestly, it is difficult to recruit for that position. We do have 30 -- There were two crossing guards there before. Both of those crossing guards passed away, and we have not been able to fill the positions just yet. However, we do have a Public Service Aide that goes now in the morning to assist, and we have a Public Service Aide, based on availability, to go in the afternoon to assist. So we can't say for certainty that they will always be there, because, of course, it depends on what else is happening in the City. Chair Hardemon: So I'll be fair to you. Chief Colina: Yes, sir. Chair Hardemon: There are members of our community behind you that are saying, "No, no, no, no, no, this is not what the case is. " I know you wouldn't come up here and misrepresent yourself, but I also know that the people in the community are -- they can assist if there's a vacancy that is not being filled with you filling those vacancies, because I'm sure there are parents -- there are parents that walk their kids to school. There are people that are there that need jobs, the new housing that's near all these different places, and we could find someone to pay to have that. I don't know what sort of background checks that you need to pass it, but I would like, if you could, Chief for you to delegate someone to help with the community to help fill that vacancy. Chief Colina: That would be great; it really would, because like I was saying, it is difficult for us to find folks that have the flexibility, of only the morning, only the afternoon, and at that pay rate. It would be wonderful if we can get even a committee together to help us recruit people, even within the neighborhood where the school exists. It would -- Chair Hardemon: Right. Chief Colina: -- be even more convenient. City of Miami Page 264 Printed on 06/27/201$ City Commission Meeting Minutes May 10, 2018 Chair Hardemon: I'm sure -- Chief Colina: That would be wonderful. Chair Hardemon: -- and I'm sure we have people within our neighborhood that want to be able to do that. And Ms. Cartwright is behind you. Of course, she's one of those persons. Keon is behind -- there's a number of'people behind you. So if that'll be satisfactory, and then if we have any issues, then let's work on it. Why are we saying "no"? What's the --? Ms. Cartwright, can you come here, please? I'm just trying to understand why you're saying "no. " We want to fill these positions and you can help its, and you're saying "no. " Karen Cartwright: Yeah, I'm going to say something. Good morning. My name is Karen Cartwright, and I'm a resident of Overtown. The last time I was here, on the 26th of April, and I had a conversation in the lobby with the Chief: Chair Hardemon: Wait. Before you move on, is it about crossing guards? Ms. Cartwright: The crossing guards, yeah. Chair Hardemon: Okay. Ms. Cartwright: And I'm not going to repeat what he said, but I'm going to tell you right now, I have lived in Overtown for over 20 years. Chair Hardemon: Yes. Ms. Cartwright: I have gone through this problem with every Chief of Police that we have had, and I'm not listening anymore. I'm not hearing excuses anymore. ]just want the job done. Chair Hardemon: Right. Ms. Cartwright: Because fair is fair. If I can have a motorcycle cop in Little Havana, if I can have a motorcycle cop down. behind K -Mart, I can have one in Overtown. Chair Hardemon: Okay. Ms. Cartwright: I don't want to hear any excuses about Morningside. I don't want to hear any excuses about Upper Eastside. I do not live there. Chair Hardemon: Madam Cartwright, like I completely understand. Ms. Cartwright: All five of you up there and the City Manager, get me crossing guards. I don't care where you find them from. Chair Hardemon: Understood. Ms. Cartwright: Thank you. Chair Hardemon: Thank you very much. Ms. Bendross-Mindingall: Thank you so much. I just want you to know that we are partnering with the City of Miami, and we have the Chief here, and we have our department here also. And I heard you, Mr. Chair, and I appreciate your letting us City of Miami Page 265 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 know that we're going to get this done, and we're going to get it done immediately. Thanks to all of you. Chair Hardemon: Thank you very much. Ms. Bendross-Mindingall: God bless. See you on the journey. Chair Hardemon: Thank you very much. Okay. So what 1'd like to do now -- Yes. You have something you want to add? Chief' Colina: Just some additional information that I was just provided. So there were 86 people invited of crossing guards to -- on Sunday; 19 showed up -- potential crossing guards to process -- six withdrew. So those 19 are now in the background process to ideally hire to fill some of these positions. So that was just this Sunday. 86 were invited; only 19 showed up; six withdrew, but there are now 19 in the background process. And just for the sake of transparency, l did not know that I was offending Ms. Cartwright when I offered her a job as a school crossing guard. When she spoke to me, I did not mean to offend her. Apparently, that's -- was offensive. I thought she lives there. If she's available, it'd be great. I certainly didn't mean anything by it, but I'll take anybody who's willing to do the job; it would be wonderful, especially people from within the community. Chair Hardemon: Thankyou very much, Chief. Vice Chairman. Vice Chair Russell: Chief, what do we pay for that position? Chief Colina: It's $9.50. Vice Chair Russell: I'd bet you get more applicants ifyou did 15. Chief Colina: Without a doubt, without a doubt; not going to get an argument from me. Commissioner Carollo: Chairman? Vice Chair Russell: Let's do it. Chair Hardemon: You're recognized. Commissioner Carollo: How many schools within the City of Miami limits, Chief, need crossing guards, altogether? Chief Colina: Well, we have 40 -- our TO is 40. I believe there are 38 elementary schools, not counting charters. That's going to change the number a little bit. 38 schools. Some of those schools may require more than one crossing guard, because depending on where the kids cross from, so there could be two or three. Commissioner Carollo: Well -- Chief Colina: Ideally, we can do a study to see what would be the ideal number at every one of the schools, because honestly, it would be great to have the additional guards. Commissioner Carollo: Well, I think that we need to take this as a whole, not piecemeal, and I think we could do this quite quickly, because we've been talking about this for some time. I know Commissioner Reyes has been talking about it, and City of Miami Page 266 Printed on 0612712018 City Commission Meeting Minutes May 10, 2018 the Chairman also. So if we could get something back from you as quickly as we can. Chief Colina: Sure Commissioner Carollo: Maybe, if it's possible, for the next regular Commission meeting, so that that we could take it as a whole and not piecemeal. Chief Colina: It would be great. And if we're able to hire these 19 that are in the -- starting the background process, that would be phenomenal, as well. Commissioner Carollo: Are there any, grants that could be available for this that our people could apply jor, for the future? Chief Colina: I'm not sure, Commissioner. I'd have to research it. It's possible. "I don't know" is the honest truth, if there are grants available for that. Commissioner Carollo: Yeah. I think the lady behind might have some answers, Chief I don't know. Thank you. Ma'am. Thema Campbell: Yes. Good morning. Thema Campbell. And during this whole process, I was doing some research, and I found this study that the University of' Miami did in 2012 regarding this very same subject on the process of how to increase the number of school crossing guards in Miami. And it did go to the Florida Legislature, and they, have passed a bill regarding this issue on how to get more school crossing guards. And one of the things that they suggested was that each municipality, could impose additional fines on -- for parking and for people who have violations in school crossing zones. And it -- you know, there were some other stipulations, where there had to be a public hearing -- Chair Hardemon: Okay. Ms. Campbell: -- but that was -- Chair Hardemon: I'm sorry to interrupt, but I have to. I have -- Ms. Campbell: Okay. Chair Hardemon: -- to be able to move, because right now we're not supposed to be here, so -- and I have some time certain that were supposed to be at 11 o'clock. Ms. Campbell: Okay. Chair Hardemon: These are things that we can discuss, because they cart involve future legislation -- Ms. Campbell: All right. Chair Hardemon: -- provide for additional resources to maybe raise the pay of some of the individuals who are working as crossing guards,, to make it a more attractive thing, but I'm going to have to move us . forward, because this wasn't a scheduled item. And so, thank you very much for bringing this to us. And I guarantee that we're going to act swiftly and try to find some reasonable solutions to make this all a reality. Ms. Campbell: Okay. City of Miami Page 267 Printed on 06/27/2018 City Commission Meeting Minutes May 10, 2018 Chair Hardemon: So thank you all very much. Ms. Campbell: Thank you. NA.5 DIRECTIVE 4202 DIRECTION BY COMMISSIONER CAROLLO TO THE CITY Office of the City MANAGER TO PROVIDE THE AMOUNT OF RENT GENERATED Clerk BY THE MANUEL ARTIME THEATER FOR THE LEASING OUT OF THE THEATER FOR FISCAL YEARS 2015, 2016, 2017 AND 2018. ADJOURNMENT Chair Hardemon: Okay. Madam City Attorney, read SR.1 into the record, please. Commissioner Carollo: Mr. Chair, while she's looking for that, can I just make a quick request to the Manager from the dais? Mr. Manager, I'm making a public records request openly. As you know, a verbal public request is as good as a written one. My office has been trying to get quite a bit of information from the Artime Theater and the income that they've been bringing, and it's for a very important reason for the City of Miami that I'm trying to do that. And we've gotten some of it, but it's taking a long time. And for the key parts of it, we still haven't gotten it. So I'm asking you in a public records request for the rent for the Manuel Artime Theater and the whole complex there for the fiscal years 2015, '16, '17, and '18 fiscal years. I know thisfiscal year is not over, so that you give me half the year will be sufficient, but I need it broken down in the following ways, because what they, gave us before was rent for the few spaces we have there. What I'm looking for is the rent money they're getting, for leasing out the theater. And I don't know why it's so difficult to get that, but if you could take care of that, I would appreciate it. Emilio T. Gonzalez (City Manager): Noted, sir. I'll get that to you as soon as I can. Commissioner Carollo: Great. Thank you. The meeting adjourned at 9:47 P.M. City of Miami Page 268 Printed on 0612712018