HomeMy WebLinkAboutCC 2017-03-09 MinutesCity of Miami
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Miami, FL 33133
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Meeting Minutes
March 9, 2017
9:00 AM
Regular
City Hall
City Commission
Keon Hardemon, Chair
Ken Russell, Vice Chair
Wifredo (Willy) Gort, Commissioner, District One
Frank Carollo, Commissioner, District Three
Francis Suarez, Commissioner, District Four
Tomds Regalado, Mayor
Daniel J. Alfonso, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Commission Meeting Minutes March 9, 2017
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
Present. Chair Hardemon, Commissioner Gort, Commissioner Carollo and
Commissioner Suarez
Absent: Vice Chair Russell
On the 9th day of March, 2017 the City Commission of the City of Miami, Florida, met
at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in
regular session. The Commission Meeting was called to order by Chair Hardemon at
9:07 a. m., recessed at 12:08 p.m., reconvened at 3:07 p.m., recessed at 4:13 p.m.,
reconvened at 4:55 p.m., and adjourned at 4:55 p.m.
Note for the Record. Commissioner Carolto entered the Commission chambers at 9:10
a.m., and Commissioner Suarez entered the Commission chambers at 9:24 a.m.
ALSO PRESENT.
Daniel J. Alfonso, City Manager
Barnaby L. Min, Deputy City Attorney
Todd B. Hannon, City Clerk
Chair Hardemon: Welcome to the March 9, 2017 meeting of the City of Miami City
Commission in these historic chambers. The members of the Commission are Wifredo
Gort, Frank Carollo, Francis Suarez; Ken Russell, the Vice Chairman; and me, Keon
Hardemon, the Chairman. Also on the dais are Daniel J. Alfonso, our City Manager;
Victoria Mendez, the City Attorney; and Todd Hannon, our City Clerk. The meeting will
be opened with a prayer by Commissioner Cort, and the pledge of allegiance just
thereafter. Please all rise.
Invocation and pledge of allegiance delivered
PR - PRESENTATIONS AND PROCLAMATIONS
PRA PROTOCOL ITEM
1886 Honoree Presenter Protocol Item
Commander Freddy Dagostino Mayor Regalado Proclamation
Greenberg Traurig Mayor Regalado Proclamation
3 Toy Donors Mayor Regalado Certificates of Appreciation
1 NET Employee re. Camacol Commissioner Gort Certificate of Appreciation
RESULT: PRESENTED
1) Mayor Regalado honored and commended Police Commander Freddy D'Agostino
who eminently distinguished himself duffing his thirty-five (35) year tenure with the
City of Miami Police Department. He has been recognized and has received
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City Commission Meeting Minutes March 9, 2017
numerous awards and recognitions for the exceptional and exemplary quality of his
service to the citizens and residents of the City of Miami, most notably, the 1994
Top Cop in the Nation, awarded by the National Association of Police
Organizations (N.A.P.0.) and presented by President Bill Clinton. Commander
D `Agostino, known affectionately in Little Havana as "El Italiano'; served in many
capacities during his tenure in the City of Miami, which testifies to his versatility,
flexibility, and willingness to take on responsibilities. Elected Officials paused in
their deliberations of governance in order to honor and commend Commander
Freddy D'Agostino for his laudable and extraordinary service and proclaimed
March 9, 2017 as "Commander Freddy D'Agostino Day " in the City of Miami.
2) Mayor Regalado recognized the important work and contributions made by the
global law firm Greenburg Traurig, LLP. In the last 50 years, Greenberg Traurig
Hoffman's team of visionaries have played an important role in the development of
the urban fabric of the Miami metropolitan area, including the impressive skyline
that we enjoy, stretching from Coral Gables and Coconut Grove north to Aventura
and Sunny Isles, including Downtown Miami and Miami Beach. Greenberg Traurig
Hoffman was instrumental in the development of many South Florida industries,
including the expansion of the local airline, improved medical facilities and
financial services sectors. In recognition of their important work and contribution,
and in celebration of their.f ftieth anniversary, March 14, 2017 was proclaimed as
"Greenburg Traurig Day" on the City of Miami.
3) Mayor Regalado presented Certificates of Appreciation to ECU Worldwide for
their altruistic support of the City of Miami Mavor's Holiday Toy Drive 2016, their
generosity and dedication to the less fortunate children and families of the City of
Miami and truly appreciate their making the 2016 holiday season a memorable one
for many of our needy citizens.
4) Mayor Regalado and Commissioner Gort recognized and thanked Sergeant
Roberto E. Valdes for his altruistic participation in the Latin Chamber of
Commerce's CAMACOL holiday basket (java) distribution in December 2016. This
noteworthy event was the largest one -day food giveaway in the United States. His
commitment elevates the quality of life for the residents of the City of Miami.
5) City Manager Alfonso bid farewell to City of Miami Director of Finance Mr. Jose
M. Fernandez, and thanked him for his dedication to the City of Miami; father
wished him good luck in his retirement from the City of Miami and in his future
endeavor as a Miami -Dade County employee.
Chair Hardemon: We will now make our presentations and proclamations.
Presentations and proclamations made.
AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
AM.1 City Commission - Regular Meeting - Jan 12, 2017 9:00 AM
MOTION TO:
Approve
RESULT:
APPROVED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Chair Hardemon: Is there a motion to approve the regular meeting minutes of
January 12, 2017?
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Commissioner Suarez: So moved.
Chair Hardemon: Seconded by the Chair. Any discussion oil that? All in favor of the
motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: The motion passes.
MV - MAYORAL VETOES
NO MAYORAL VETOES
Chair Hardemon: Are there any mayoral vetoes?
Todd B. Hannon (City Clerk): Chair•, there are no mayoral vetoes.
Commissioner Gort: Deferred because right now, allowing that and break this up.
END OF MAYORAL VETOES
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ORDER OF THE DAY
Chair Hardemon: We will now begin our regular meeting. Our Assistant City
Attorney will state the procedures to be followed during this meeting.
Burnaby Min (Deputy City Attorney): Thank you, Mr. 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 www. municode. coin. Any person making a
presentation, formal request or petition to the City Commission concerning real
property must make the disclosures required by the City Code in writing. A copy of
this Code section is available in the City Clerk's Off ce or online at
www.municode.com. The material for each item on the agenda is available during
business hours at the City Clerk's Offzce; and online, 24 hours a day, at
www.miamigov.eom. 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 a proposition is being continued or rescheduled, the
opportunity, to be heard may be at such later date before the City Commission takes
action on such proposition. The Chairman will advise the public when the public may
have the opportunity to address the City Commission during the public comment
period. When addressing the City Commission, the member of the public must first
state his or her name, his or her address, and what item will be spoken about. A copy
of the agenda item titles will be available at the City Clerk's Office and at the podium,
for your ease of reference. 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 for
of this meeting may be requested at the Office of Communications,
or viewed online at www.miamigov.com. No cell phones or noise -making devices are
permitted in the City Commission chambers; please silence those devices now. No
clapping, applauding, heckling, or verbal outbursts inn support or opposition to a
speaker or his or her remarks shall be permitted. Any person making offensive
remarks or who becomes unruly in the Commission chambers will be barred from
further attending Commission meetings, and may be subject to arrest. No signs or
placards shall be allowed in the Commission chambers. Any person with a disability
requiring assistance, auxiliary aids and services for this meeting inay notify, the City
Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda
item being considered at noon. The meeting will end either at the conclusion of
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, the Commission has
generally been briefed by City staff and the City Attorney on the items on the agenda
today. At this time, the Administration will announce which items, if any, are being
either withdrawn, deferred, or substituted. Thank you, Mr. Chairman.
Chair Hardemon: Thank you veiv much. You're recognized, Mr. City Manager.
Daniel J. Alfonso (City Manager): Mr. Chairman, thank you. We would request that
item. SR.1 will be deferred to April 13; item RE.4 is to be deferred to next Commission
meeting, March 23; and PH 3 is being withdrawn.
Mr. Min: Mr. Chairman, with Commissioner Carollo's permission, the City
Attorney's Office would request that DI.3 be deferred to the next Commission meeting.
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Chair Hardemon: Commissioners, are there any other items that you wish to defer,
withdraw, continue?
Commissioner Suarez: Mr. Chair, ifI may?
Chair Hardemon: You're recognized, Commissioner.
Commissioner Suarez: Thank you, Mr. Chair. I -- the Mayor -- and the Mayor's up
here, so, you know, I don't want to -- but I had asked -- discussed with him in --
previously, yesterday, about deferring RE.8 to the next meeting; in large part,
because Commissioner Russell is not here, and this is something that affects all our
districts, but it certainly affects his district. And I see a lot of people here in the
audience on that item, and I want to make sure that they don't have to sit here and
wait all day long for an item that may be deferred in the. future.
Mayor Tomds Regalado: Well, Mr. Chairman, yesterday, I spoke to Commissioner
Suarez, and I told him that I could consider that, but that item has been announced,
and that the people deserve to be heard; if I can put in the record, if you allow
whatever I believe is the right thing to do. And I know that you have many people
here, so it's your decision, but we do have a pressing matter in terms of sooner than
later, the City, has to take up a decision on this item, RE. 8, which is about the Code of
the City of Miami, the Zoning Code of the City of Miami. If it's the will of the whole
Commission now present, 1 don't have any problem in deferring, but 1 would like to be
heard, if that is possible.
Chair Hardemon: Mr. Mayor, 171 give you an opportunity to be heard. You are,
indeed, the Mayor of this City, and -- but if there's a Commissioner that wants to have
a continuance, 1 don't see a reason why we shouldn't allow him to continue the item
for -- to learn more about the issue, to -- and to allow one more of our Commissioners
to be present for discussion. It's a citywide issue, certainly, and its an issue that we
need to at some point have a discussion about, but I'll allow you to lay whatever
record you want to lay, and then we'll move this to another agenda, and the people
will have an opportunity to comment on it at that time.
Mayor Regalado: Yeah, fair enough. Mr. Chairman, the reason that I placed this in
the agenda, after consulting with the City Attorney's Office and the Administration, is
because this is a very simple item, and it's about the law and the Code of the City of
Miami. And it simply says: "A resolution of the City of Miami Commission affirming
the zoning regulations of the City of Miami, Florida, as they pertain to short-term
vacation rentals, and directing the City Manager to continue enforcing regulations
pertaining to lodging use, to ensure the health, safety, and welfare of the City of
Miami residents and visitors. " As you all know, this only pertains to residential
areas, and I really believe that things need to be said, because I think that this is
about being fair and parity. For instance, I believe that Airbnb is nothing new.
Airbnb was invented 40 years ago in Little Havana, Allapattah, Flagami, but at the
time, we didn't call it "Airbnb"; we called them "illegal units. " And at the time, the
City enforced with all the force that we have in the books the people that had illegal
units. Actually, the narrative of those that propose to have Airbnb in residential areas
is the same narrative that we have heard from senior citizens that need to have
someone -- an aunt, the sister -- living in a garage that has been converted to a room,
because they need the money to pay the taxes and the mortgage, and the insurance. I
have not heard any other narrative that is not about, "We're making money. " So it's
not fair and it's hypocritical to continue liening [sic] properties, to continue having
people in front of the Code Compliance Board when we are even talking about
negotiating to get some money for the City to have short-term rental in residential
area What do we say to the elderly resident in Little Havana or in Flagami that has
to come before the Code Enforcement Board because they have converted a garage
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into a room, and we deem that as illegal, because the Code of the City of Miami does
not allow that to happen? What do we say if we allow next door the comings and
goings of people? That is, to me, the core of this question. We need to be fair; we
need to be transparent. Just because Airbnb, it's an illegal unit with technology
doesn't mean that we need to allow that, just because they going to give us some
money to the City of Miami. Last Wednesday -- and that's just being fair. So the
other concerns that people have expressed to my office and -- is that the comings and
goings of the people. We do not know who is where at any time. We do not know if
next to a family we have a renter that has a record, because nobody keeps that record
So there's nothing to negotiate here. This is not the whole City of Miami. I guess the
people misunderstood. This is residential areas of the City of Miami. But as a matter
of fact, last Wednesday, at the Code Compliance Board, we had about 10 residents
from the Roads that came here to protest, because there was a house that had been
used, for this kind of activity in November, December, January and February. On that
day, they rent -- on those months, they rent it to about 1,000 people, all together, on
those different months. The police was called there more than six or seven times,
which became a nuisance, and that is why it came before the Code Compliance. And,
you know, it wasn't about numbers. One property owner saying that she rented the
house, and the guy flip it, and the guy made a lot of money. But the, fact of the matter
is that the whole block came here. They spent here two hours, trying to talk about
what happened. So the pricey lobbyist. from Airbnb will tell us that, you know, we can
make a deal; that these people are really good business for the City of Miami. But
having had 21 years in this building, sitting there and standing here, I can tell you
that 80 percent of the so-called illegal units are quiet people; they just live in the
garage. And the fact that they're illegal is because they have a sink. This is the aunt,
the brother, the sister. So we have illegal construction; let's deal with that. But that
doesn't mean that having part of your house in -- because the Code doesn't allow, you
have to go after these people, and then you're going to make a deal so other people,
just because they have technology? And they going to do it, anyway. It's over; it's
going to happen, but they going to do it, anyway. But anyway, it's -- you know, if you
all want to legalize that, you have to do a blanket amnesty for people with illegal unit,
because it's not fair, and it's hypocritical not to defend those people. Those people
don't have lobbyists, so I'm here to talk about them. So, Mr. Chairman, 1 don't have a
problem in deferring this. I'm sure that a lot of people will come back. I think that
there is nothing to negotiate in terms of residential. And remember, we're talking
about residential. We're talking about residential areas of the City of Miami. On the
transect zone, that's another conversation, and I know that other municipalities and
the County, and other people are talking about, but to me, this is a matter of being
fair. You cannot explain to the people that have gone through hell in the Code
Enforcement process that it's okay ifyou register in a website. Thank you, sir.
Chair Hardemon: Thank you very much. So, certainly, there's a -- I'm assuming that
there's a motion on the floor --
Commissioner Suarez: Yeah.
Chair Hardemon: -- for a deferral; SR.1, RE.4, PH 3 -- I'm sorry, let me start over --
a deferral for SR.1, REA D1.3, and RE.8; also, a withdrawal of PH 3. So --
Commissioner Suarez: So moved.
Chair Hardemon: Moved by Commissioner Suarez.
Commissioner Suarez: Thank you.
Chair Hardemon: And seconded by the Chair. Are there any other items that need to
he withdrawn or deferred (UNINTELLIGIBLE)?
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Commissioner Suarez: Not that I know.
Chair Hardemon: All in favor of that motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: That motion passes.
Mayor Regalado: Thank you.
Chair Hardemon: Thank you, Mr. Mayor. We'll have this discussion about --
regarding RE.8 at the next Miami City Commission meeting.
Mayor Regalado: 23rd, the 23rd of March.
Commissioner Suarez: Yeah.
Chair Hardemon: Yes, you're recognized, Commissioner Gort.
Commissioner Gort: I voted.for it, but I -- before you leave, before you leave, before
you leave, you got to make sure you tell people what this is; make sure it's the
residents of the City of Miami that live in the City of Miami are aware of all this. I'm
sure, after today, we're going to have a lot -- many more people coming here. So a lot
of time, people start talking, and they'll say something, which is completely different
of what the Ma vor was stating here a while ago. We have Codes, and you know very
well and you know -- the lobbyists know very well, because it comes in front of here,
trying to change codes and so on. So its not that simple, so this is very important for
them to understand what's going on. Thankyou.
PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S)
Chair Hardemon: Okay. This is our time for our public comment. The -- we've
changed some things in public comment time, so what that means is that I'm going to
open the floor for public comment. If you are here to speak on any item that is on the
agenda; that is on the consent agenda, public hearings, the second reading, or
resolutions and boards and committees, and your discussion items; so the morning
section of things; not the P&Z (Planning & Zoning) items. If you're here to speak on
everything on the agenda, except the P&Z items, you can have an opportunity to come
to the -- to any of these lecterns. You state your first and last name, your address, and
which item it is that you're speaking about. So, once again, this is the public comment
section. You have an opportunity to speak on the morning agenda, so that's non -PZ
items. You come to the lectern, you say your first name, last name, your address, and
which item it is that you're speaking about. Now, as well, you will be able to speak on
each individual item as they're called. So if you want to speak on one of the items,
such as PH2, PH.4, CA.5, when that item is called, you're allowed to speak at that
time, as well. So you have more than one option to speak. So I'm going to open up
the floor for public comment at this time. You're recognized, sir.
Brett Bibeau: Good morning. Brett Bibeau, managing director of the Miami River
Commission, with offices located as 1407 Northwest 7th Street. Thank you, City
Clerk, for distributing the letter from Horacio Stuart Aguirre, chairman of the Miami
River Commission that I will read into the record. "On behalf of'the Miami River
Commission, I respectfully recommend approval of the following Miami River related
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agenda items: RE.], authorizing the City of Miami to apply for a FIND (Florida
Inland Navigational District) grant for the City of Miami's Wagner Creek and
Seybold Canal maintenance dredging and environmental cleanup project; RE.2,
authorizing the City of Miami to apply for a FIND grant for the construction of a
seawall and kayak launch in Pointe Park; and finally, CAA authorizing the City of
Miami to apply for a FIND grant to design and obtain permits for boat dockage at the
Knight Center. " In addition, everyone is invited to the free 21st Annual Miami River
Day Festival on April 1, in District 5, Lummus Park -- new improved Lummus Park --
co-sponsored by the Citv of Miami -- thank you for your sponsorship -- where the City
will be providing the public free Miami River boat rides, children activities, historic
reenactors, environmental education, fun for all, April 1, 1 to 6, Lummus Park. Hope
everyone joins its. Thank you.
Chair Hardemon: Thank you very much, sir. Is there any other person that wants to
speak on public comment?
Grace Solares: Yes.
Chair Hardemon: You know, I have your Tupperware on my kitchen counter. I was
supposed to bring it, and I did not bring it, and I apologize. I almost went back to get
it, but then I thought that maybe I should be here, first.
Ms. Solares: Don't worry about it.
Chair Hardemon: But 171 make sure you have it. So -- well, it's important. You
know, 1 wasn't around then, but they used to have the Tupperware parties. It was a
big deal to sell Tupperware.
Ms. Solares: Yeah. Don't worry about it; no problem. Grace Solares. 1 came here
today to speak on two items; one, you just continued, the Airbnb. 1 was going to talk
against it, because I've been a victim of that; the lady across the street from me. So --
but now that has been continued, so I'll just address the RE. 3, and I will address it by
reading a memo from the chairman of the Virginia Key Board who is the UEL (Urban
Environment League) appointee to that board. And it says: "Commissioners, I would
like to strenuousty object to the lack of due process followed by City staff with respect
to the Virginia Kev Nature Center. While we discussed the earlier design last
summer, the final grant proposal before you today, Thursday, was not presented to
the Virginia Key Advisory Board at all. It could be vastly different than the vague
ideas originally presented, and it is impossible to believe that a last-minute deadline
is the excuse; it's been in the works for months. Our enabling legislation, worked out
in detail with Commissioner Suarez, clearly stated that our board should be consulted
in all instances. The 2010 Master Plann should be followed. This fits a sad pattern of
evasion that I have observed in recent years, and which I detail in my recently
published book. Many of its have worked hard for many years, trying to bring greater
public inclusion in the planning process for Virginia Key and other waterfront public
spaces, and this pattern is frustrating to witness again and again. It leads to
enormous public anger and cynicism, and does not benefit a great city. I have
recently resigned as chair (?f 'the Virginia Key Advisory Board for two reasons. The
main one is that I will be moving to Blue Hill, Maine, several -- within several
months; and the other is the" -- "it is to send a signal of alarm to you over the plans
such, as this that are not presented to our board when they clearly should have been.
Many, could be justified in the suspicion that so much, concrete for a known structure
is highly questionable. Gregory Bush. " So if it's -- if it could be -- I don't know how
rushed you have to vote on this thing today, RE.3. If -- could the -- if the matter could
be returned or sent to the March Virginia Key meeting for them to see what it is that
the City is intending to do in this portion of Virginia Key, we would greatly appreciate
it. Thankyou.
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Chair Hardemon: Thank you very much. You're recognized, ma'am.
Pamela Ndah: Good morning Commissioner. I'm here on behalf of FOCAL
(Foundation of Community Assistance and Leadership) Point [sic]. My name is
Pamela Ndah. I reside at 7901 Northwest 7th Avenue, Apartment 1206 As I said, I m
here on behalf of FOCAL Point [sicj. The reason for me being here, because I need
for you guys to understand how important it is for this program to keep running, in
any extended manner; time and even expansion of funds. My son is currently a
member of the park. He is also a --
Chair Hardemon: Take your time.
Ms. Ndah: I'm a single mom. And everyday that Igo to work in Fort Lauderdale, I
don't have to worry about my son being on the streets between 4 and 8 p.m. at night,
because I know he's in a safe place, and that safe place is Moore Park. And I'm
asking you guys to please do not take that program away, if it is a consideration, and
keep it going, because it's one thing that I am sure about: That when I get home, my
son is at home. So please give us the needs [sic] that we need to keep that park going.
We can't afford to lose children such as my son to the streets anymore, and I'm
humbling begging; that I know, not just as a single parent standing here, a lot of other
parents would agree; that this program is a big help to me and other mothers and
fathers, as well. Thank you.
Chair Hardemon: Thank you. You're recognized, sir.
Jed Rover: My name is Jed Royer, 1538 Southwest 11th Terrace 33135. I'm not only
a neighbor in Shenandoah, but I'm also the president of the Shenandoah
Neighborhood's Association, and I came out to support the neighbors with regards to
RE.9, which is on the agenda today. This is about the temporary closure on 27th
Avenue and 14th Street, and 1 wanted to relate -- some of the neighbors that weren't --
are out of town and wanted to have representation here, and ]just wanted to support
their position that they support the closure, the temporary closure that is proposed for
the agenda. So I don't know if I need to elaborate on that at all. I mean, it's -- 27th
Avenue, a lot of cross -through traffic coming through there. We'd like to see this
experiment go through to see how the temporary closure affects traffic and cross -
through trafficfrom 27th Avenue in Shenandoah. Thank you very much.
Chair Hardemon: Thank you. You're recognized, sir.
Nathan Kurland: Good morning. Nathan Kurland, 3132 Day Avenue. Cleveland
Cavaliers today announced that they have traded back to Miami LeBron James, Kyrie
Irving and Kevin Love in return for nine unused underused, underperforming
players. That's pretty much what we have with RE. 6, of which I absolutely oppose.
RE. 6 again deals with LED (Light Emitting Diode) signage. Peter Ehrlich and I have
been -- for almost 11 years, every time LED signage comes bejore you, we have stood
here as anti -visual pollution. We believe LEDs are anti -visual pollution. This
measure, which claims to take nine billboards away, two of which are not even being
used -- they're blank -- as if the nine jor three trade is a good trade. It is not a good
trade. It adds more visual pollution to our City. I love Miami for many, many
reasons, but I can tell you this as I stand before you: That people do not come to visit
Miami, the City; Miami -Dade, the County to look at our LED billboards. LED
billboards are visual pollution, and once again, we ask you, Commissioners, not to
approve the addition of additional LEDs. Thank you very much.
Chair Hardemon: Thank you, sir. You're recognized, sir.
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Marion Raudales: Good morning. My name is Marion Raudales. I reside at 3111
Northwest 14th Avenue, Miami, Florida 33142. And I'm here to reiterate the
necessity for running the program, FOCAL, out of Moore Park. I am a parent that
beneficiates [sic] from this program. I have a son and a daughter that attend the
program. And like the person before me, I know that they are in a safe environment.
We are in times where you see in the street little kids running around, trying to do
stupid things. This program is a program that helps them. It doesn't only help them
to keep them safe in an environment; it's a program that has helped my daughter
academically; it is a program that has given my son the opportunity to visit and attend
colleges to start looking at a better education to better himself. I do know that it is a
concern -- it's always a budgetary issue that you have to take in consideration, but I
do think that the funds need to be allocated to a program like this that's been running,
that shows that it can produce good results. It is a program that needs to be up and
running. It is a program that should be expanded to other places. I do like the
opportunity here to tell you guys that you have to take in consideration how to move
around your budget, how to allocate the necessary funds to support this type of
project. I really appreciate the opportunity, and I do hope that you take the time and
consideration to took into the program, because it does bring benefits to the
community. Thank you very much.
Chair Hardemon: Thank you very much, sir. You're recognized, sir, and young lady.
Jalani Jacobs: Good morning sir. My name is Jalani Jacobs. My address is 16 --
1268 Northwest 79th Street, Apartment 301, and I'm here to speak on behalf of
FOCAL, also. I'm one of the staff members, one of the chefs that provides the evening
meals.for the kids. And although I've just started with the program, I very much so
see the opportunity that these kids have that I didn't have when 1 was growing up.
And being a resident of Overtown for over 18 years, seeing that program come to life
and what it does for the community is actually a great thing that allows my daughter
also the opportunity program to she comes old enough to get into the prograto be a part
of the community and help out. So I strongly support FOCAL and have -- ask that
everyone considers to keep FOCAL a part of that community. And that's it.
Chair Hardemon: Thank you. You're recognized.
Karen Vital: Hello. Good afternoon. My name is Karen Vital, 1150 -- address, 1150
Northwest 38th Street. I'm speaking on behalf of FOCAL. You guys need to know
how the program is affecting the students in the high school, because the program is
helping its with college, because we need help knowing about college, and they take
us to college tours and they help us. Also, me, personally, I had problems like being
bullied, being insecure. There's people there that sit there and motivate us, and they
make its expose -- get exposed to different things. So we're just saying, please, please,
please do not close the program, because it helps us. It helps us, you know, not to be
on the streets, doing something that were not supposed to be doing, getting in trouble.
It really, really, really does help us. And if we need anything, they're here for its --
homework, personal stuff' anything. They are here to support its. And in reality, I
know without FOCAL, I wouldn't be -- I would -- I couldn't even say, "Oh, I been to
Tallahassee. Oh, I know this college'; whatever it is, you know? And I just want you
guys to know how important it is. And ij'you do close it, I will probably be in the
street doing, you know, something that I'm not supposed to be doing; getting
influenced by other kids, other students. So I want to tell you, please, don't close the
program. It really, really helps its. Thank you.
Chair Hardemon: Thank you.
Ken.dricke Garcia: I'm Kendricke Garcia. I live in 743 Northwest 41st Street, and I
am currently a member at FOCAL, Moore Park, and I just want to say how much this
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park has changed me -- this program. It has brought me from not caring to school
[sic]. It's actually like caring about my future; and not only, that, I've like -- they took
me places I've -- like, currently, like never been able to go to; and not only that, it has
also brought me like new family member and people I consider family. Like, for
example, everybody around here, we all just standing for like the cause of FOCAL
Moore Park, because, honestly, this is not just a program; it's family; it's really
family. You come here with joy. You see every kid here happy to see you, and you
just -- it's just somewhere you belong to be. And that's all I could say. That's all.
Connie Angueira: Good morning. My name is Connie Angueira. I reside at 1024
Northwest 38th Street, Miami, Florida 33127. Before FOCAL came -- I've been in the
neighborhood 35 years, and my kids -- I'm going on my third generation of raising
kids. I have 21 grandkids, so I'm looking forward for having more and more of my
kids to be at FOCAL. FOCAL have inspired my kids, which I have a couple of my
kids that work even for the City of Miami that goes there every day. My kids,
grandkids, they look forward . for the summer, the spring program, and they inspire
them each and every way. The young ladies, they come up to be mature; they
mentors, they tutors, and it's just a community family center. And the program, to
lose the funds is losing a family in the neighborhood. Yes, we have the elderly there
that goes, but then, they have the grands that comes, the aunts, the uncle, and we
bring all our kids back into the neighborhood, just to be at the park. So it's a safe
enviromnent for the kids. I have my grands that also -- that's under the State. So with
the State looking at it, they had to go and say, "Oh, what type of program it is?" So
they found out that FOCAL is a program that helps the kids. So if you guys please
look into your hearts to help our family, our community, and our kids that's going, to
keep them off the street. Th,ankyou.
Willie Mae McDaniels: Good morning. My name is Willie Mae McDaniels. I'm a
grandparent. I'm 67 years old. 1 have four grandkids that I'm raising that has been in
Moore Park for four years. In order for them to not find funds for this program would
be a big letdown for the children, because FOCUS [sic] is a household name in most
houses in the community, and we definitely need this program for working parents,
and especially grandparents. It helps give the children things to do. It help builds
their self -'esteem and get to go places, and, oh, it's very needed in the community.
Thank you.
Chair Hardemon: Thank You.
Justin Rodriguez: Good morning. My name Justin Rodriguez. I reside at 5600
Northeast 4th Ave. (Avenue), Apartment 1013, and I am a member at FOCAL Moore
Park, and I am here to comment on support on behalf of FOCAL Moore Park. I've
been there so --for as long as I can remember; since, like, you know, yea high, and
it's been something beautiful. It's been something that, honestly, I never would --
expected to happen. I honestly can say I've been places I never would have thought
I'd been going; to places, like I never would have thought, you know; having, you
know; experiences that I never would have known. And it surely does show benefits
and results, because many kids' behaviors have risen; academics have risen. So why
end the program, if' it's helping the community? Like, why end something if' it
benefits? You can't fix something if'it's not broken. Thank you.
Chair Hardemon: What are some of the experiences that you've had?
Mr. Rodriguez: Excuse me?
Chair Hardemon: What are some of* the experiences that you've had, that you say
you've had?
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Mr. Rodriguez: Some experiences that I have is like such as college tours. I've also,
with the program, I've been to China, as well, and that's something that's amazing.
I've been dreaming about going to China as a kid, and it's something that finally came
true. Thank you.
Charles Daye: Good evening, everyone. My name is Charles Daye. I live at 3400
11th Place. I think, Commissioner Gort, I'm in your district. I'm here on behalf of
FOCAL. My son has been in the program since about 12 years. He's been in since
he's five. He's 17 now. This Program have helped me out very much; nae and my wife.
We are two parents. We work late night. Sometimes, we're not able to get home, but
we know that our children are safe at FOCAL. Also, FOCAL has given my children a
great opportunity. I mean, not to be in the streets, knowing and figuring out that
there's more to life than just what they see, what's around. My children have been to
China and multiple places with this program. And, I mean, it's a big relief for us
parents that's working hard, that's not able to do, with no cars, whatever, what --
these kids go to programs, go to parks; given them better opportunity than I have. I'm
a 12th grade graduate. My son's thinking about going to college. I have a daughter
that's been to college through this program; helped me through the paperwork, -
helped me through the filings. So I believe this program is valuable to our
neighborhood. As you know, our neighborhood is very riddled with crime and our
kids are just out there running rampant, and this is a safe haven.for these children.
So I'd appreciate it if you all consider it and make sure that this program last forever
if it's possible. Thank you.
Chair Hardemon: Thank you.
Fernando Raudales: Hello. Good morning. My name is Fernando Raudales. My
address is 3111 Northwest 14th Avenue. I'm here on behalf of FOCAL Moore Park,
which is my family. They've given me opportunities that 1 never thought that 1'd have
in my lifetime. I've gotten to go to places such as China; attended colleges, so that 1
can advance my future and provide for my future family; given -- they've given me
experiences that have exposed me to different cultures and ideologies that I never
thought that I'd have before, and I hope that FOCAL stays alive for a long time.
Thank you very much.
Chair Hardemon: He said "ideology. "
Katherin Rodriguez: My name is Katherin Rodriguez, and I reside in 1034 Northwest
50th Street, and I just want to comment on the fact that Moore Park should not --
FOCAL Moore Park shouldn't be taken, down. I have been attending this program
seven years, and this is my home; they're my family. And nobody has pushed me the
way they do, and I don't think it should be taken down.
Xeanna Oakley: Hi. My name is Xeanna Oakley, and my address is 1048 Northwest
37th Street, and I've been attending for FOCAL.for 10 years; now Fin in the 12th.
And FOCAL have an impact on me for a long time. I remember when last year, I
didn't know what I wanted to be, until Ms. Jamilla, she had a talk with me, and she
told me that she can see I'm giving up -- I was giving up for myself,' because I was.
And she help me focus on school and everything, and I really love FOCAL. FOCAL is
everything to me. And my brother go there now, and it's important for you guys not to
move --remove FOCAL from the park. Thank you.
Commissioner Gort: Let me tell you something. You guys are very impressive.
Noely Toribio: Hi. Good morning to all. My name is Noely Toribio. I reside at 3606
Northwest 5th Avenue. I wanted to let you know how vital FOCAL at Moore Park is
for the community. I don't know of any other program, have not heard of any other
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program that has such a strong connection with the community and the family they
serve. FOCAL has been at Moore Park since the beginning since it was not
appealing to other programs to be part of that park and that community. We were
there since it was perhaps a single family -home -sized facility. We've seen it grow;
we've seen what it's done to the family, the community, and everyone. This has opened
up opportunities, goals, hope to everyone. It has shown our kids that they can reach
greatness. It has helped them stay fiocused. I have been a part of that program for
over 10 years. I have seen my kids, from pre -K all the way to college, thanks to this
program. I have security that my kids are safe; that they are taught good things; that
they're helping its. And it's not something that's just for them; they have the whole
family involved. So I would please ask you to consider keeping this program at this
park. Please don't let our children be another statistic of inner city. Thank you.
Carlos Daye: Hello. My name is Carlos Daye. I live at 3440 Northwest 11th Place,
and I'm -- speaking on the behalf of FOCAL. I've been in this program since I was
five. I'm 17 now; that's over 11 years. FOCAL have gave me many opportunities to
travel out of the country to different colleges. They inspired me to become whoever I
want to in life; letting me know that nobody can tell me I can't make it or I can't do it,
because success is within me, and I -- if I put my mind to it, I could -- believe I could
do anything, and that's possible. FOCAL has opened my eyes to many things. I
traveled to China, thinking that wouldn't be possible because of'where I live or how I
look or how I dress, or how I speak. And Pin -- greatly appreciate it for that
opportunity, and ],just want to say 1 want this program to continue going on, not only
for me, but only for the kids that's growing up, for them to have many opportunities as
I did. And I just want to see the kids grow. 1 want to see the FOCAL grow, and that's
all 1 have to say.
Teresa Abreu: Hi. Good morning. My name is Teresa Abreu. 1 reside at 1897
Northwest 18th Terrace. I'm here today on behalf of FOCAL Moore Park, asking that
the funds please be allocated for the program to stay open. My kids have grown up in
this program. Alv oldest is now 18. He'll be graduating this year. And he started
when he was in pre -K -- I'm sorry -- first grade. My youngest, he's currently a
sophomore. And seeing these kids grow together and benefit from this program in the
way that they have has been something that's been amazing. They've gone to space
camp, China, college tours, among many other fun things that they've done. But it's
taught them how to stav united, how to help each other out, how to be that family; in
other words, they're a family. They've grown up together, and thev've helped support
each other in so many different ways, along with the staff The staff has been amazing
throughout the years, and it's something that's been very beneficial to the kids. Me,
knowing that I'm at work and that my kids are safe because they're in the program is
such an amazing thing, because I don't have to worry about the fact that they're out
running the streets or doing something that they shouldn't be doing, because even
though we give them proper training at home, if we don't keep them busy and we don't
expose them to other things, there's no telling what our kids can get into. So I ask that
the program please stay open. Thank you.
Chair Hardemon: Thank you.
Tamara Dowdell: Good morning.
Chair Hardemon: Good morning.
Ms. Dowdell: I'm Tamara Dowdell. I reside at 3333 Northwest 11th Court, and my
sonn goes to FOCAL, as well. I just want to ask that the program remains open. It's --
like they, said, it's a family. They help build your self-esteem. He -- they help with
homework and, you know; guiding the children inn the right direction. When my son
,first started school, he was having problems with being bullied, and I've noticed his
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self-esteem and his attitude has changed since he started at FOCAL. They take the
time out to talk to the kids and, you know, they show them love. And you can see from
talking to the staff and everyone around that it's not fake; it's just genuine. You know,
they, really care, and they make time for the kids. I would just hate to see the program
end. Thankyou.
Chair Hardemon: Thank you. You're recognized, ma'am.
Renita Holmes: Good morning. Madam Holmes, executive director of Wave of
Women in Public Housing, Education and Finance and Development. Happy
Women's History Month. And to those young ladies, well done. I grew up on 32nd
Street and 10th Avenue for part of my life, and Moore Park was the safe haven for me.
Iliana Chaviana was my best friend, "Y ella tambien maestra, " although I know that
was the way that I began to learn that we're all the same. The block of 32nd Street
and 10th Avenue, where Lenny came from -- and, you know, Lenny is now one of the
best coaches and baseball players there is. Allapattah Elementary, Santa Clara
Elementary, Allapattah Junior High. Jackson I skipped, but I had issues because I
became emancipated minor, and lived in that neighborhood. But let me tell you all
about Moore Park, where Ms. Sands come from; one of the first tennis players; where
it was single mother, head of households; where not too, far; Ms. Ochoa did her thing.
Moore Park had a boxing -- one little room, about one quarter the size of it -- a
boxing program where many of our greatest boxers come, and that I say Chavez,
(UNINTELLIGIBLE). But since then, the households in the area, the residents have
changed. The mothers are working, the mothers are younger. The young men are
bullied by people who have transitioned because of the poverty and the gentrification
in the area, but it still has the morality, it still has the traditions, it still has your
elders, and some of us got swag. And I understand now that there's a lot of forces
that are happening when you're leaving, so don't walk away, don't cry, don't worry,
we ain't going nowhere. However, I can begin to appeal to you even more, although I
know that they've got the better smiles, because this neighborhood is now one that I
do serve. 1 now have on my phone and I'll make it testimony and evidence, and submit
it, if I have to, that there's a homeless woman that comes out of this area being called
-- The businesses in the areas are new. They don't know the children. They don't
have the Halloween parties anymore. So when we talk about traditional
neighborhoods that now have transition issues and are no longer safe havens and no
longer safe, and we don't know each other, this is a place that I watched grow, piece
by piece, going there to tutor and working with the staff when thev would call for
homeless mothers, and they would call about children being displaced, or having --
wow, when someone's moms go over to juvie. And this is a matter of fact. It's fust
when you know your neighborhood. And when you've seen something become a
center point and a root, you know the statistics suv things are wrong. When you see
gangs are moving in, policing has changed, and business owners aren't as watchful,
they need to keep that center so that Allapattah will continue to be a home for its new
generation of children. I'm 55 years old, children. You deserve as much, and need it
more than I then. So if I could become an emancipated minor and move into my
neighborhood and grow as an individual in a house, and have my neighbors watch
out for me, irregardless of their Spanish -- their language or their heritage, then you
have to work with each other the same way. And I appeal to you, let's perpetuate that.
Let's increase the funding and let's deal with the new statistics, because if 'it worked
for us then, they're going to continue to work for us now, because sooner or later, we
won't be able to work, and then they'll have to take care of our old butts. And that
park looks like a great place for an old lady like me to sit down and rest. I'm looking
forward to you being the leaders. I'm looking forward to you being protected. And
we're looking forward to you to continue supporting this great program and these
wonderful children. Have a good month, children.
Chair Hardemon: Thank you.
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Applause.
Chair Hardemon: Mr. Mayor, you're recognized.
Mayor Tomds Regalado: Thank you, Mr. Chairman. And I thank you for the time.
I'm here to do a brief report to the City Commission about a meeting that we had
yesterday at County Hall. This meeting was requested by City of Miami Beach Mayor
Phil Levine, and he requested that the Mayors of Dade County, Miami Beach and
Miami and their staff will meet about Zika. And the reason for that is because the
Health Department of the State of Florida believe that we will be entering on a Zika
season. It might not be as strong as it was last year, or at least the perception, but
they are -- there's a need to address several expectation. I think it's something very
important that happened at that meeting, and I was accompanied by Assistant City
Manager Zery Ihekwaba. Dr. Ihekwaba, as you know, was the lead person in the
efforts of the City last year in terms of Zika. And City of Miami Beach Mayor Levine
was accompanied by Jimmy Morales, the City Manager; Mayor Carlos Gimenez was
accompanied by Alina Hura, the Deputy Mayor; and Dr. Lilian Rivera and a member
of the CDC (Community Development Corporation) were there. One of the things
that was agreed to is that Miami -Dade County, City of Miami, and City of Miami
Beach, and the State Department of Health agreed to mount a media campaign and
public outreach on plans to address mosquito control, address expectations, and
resources. Miami -Dade County is working on a proposed ordinance to address
enhanced mosquito control. It's a very stringent ordinance. It's about property owner
responsihility, violations and fine. Dr. Ihekwaba requested that we have a draft of the
ordinance before it goes to the Board of County Commission. And finally, and I think
the most important, the County is evaluating a plan to introduce genetically modified
male mosquitos. They are reviewing potential locations for the pilot testing that will
involve mass release of that type of mosquitos. Before the meeting and during the
meeting, the City of Miami respectfully declined to have the pilot testing in any of our
neighborhoods, because thev were looking at Wynwood. So we have the commitment
of the County that the mass release of those super mosquitos will not happen within
the municipality of the City of Miami, and the reason was exactly because of you,
because remember that last year, you were able to get a donation of some products
that will suck the mosquitos, and we placed like -- I don't know -- 200 in Little Haiti,
Little River, Libertv City of the City of Miami. Also, the company donated and we
placed it in Little Havana in several parks. It seems that it's working. Dr. Ihekwaba
said that those devices have been checked and they're working very hard, so as a
result of that, the Countv wanted to know, because they want to acquire some of these
products and trry it, but definitely, Dr. Lilian Rivera believe that there could be
another outbreak of Zika this year; that is why the emphasis will be in Code
compliance, and especially with the tires; something to do with the tires that many
people have, and not that many people are disposing of them, because it cost money.
So that's basically the report about the meeting. Thank you, sir.
Chair Hardemon: Thank you. I look.forward to them purchasing more traps so they
could put it in the neighbors, and people will have peace of mind rather than
releasing them in the City.
Mayor Regalado: Right. And, you know; unfortunately, neither Dr. Rivera or the
County knew about the traps. And the traps in Centro Mater, they have -- they find all
the rest -- the dust of the mosquitos that were obliterated. So -- and in other parks
and all that, Zery reported that it really work. So thank you.
Chair Hardemon: Thankyou very much. You're recognized, sir.
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Freddy Delgado: Freddy Delgado, Miami Association of Firefighters president.
Chairman, Commissioners, Mr. Mayor, City Manager, I'm here to speak on behalf of
the Supreme Court decision that just happened a few days ago. Today, you will be
getting legal advice from probably the same group that gave you legal advice
approximately six years ago, and one thing that the Supreme Court pretty much
cleared zip is that it was wrong. What happened to the firefighters six years ago was
wrong. What happened to the FOP (Fraternal Order of Police) six years ago was
wrong. What happened to all the employees of the City of Miami was wrong. I
believe this Commission did what they had to do at the time, but it was a politically
expedient decision to make. And what I implore from you is to do the right decision
now. I think it's pretty clear. You are going to get advice -- I'm sure you're going to
get advice that there's a million ways out of this. There's no way out of this. You
could deal with it today; you could deal with it six months. from now; you could deal
with it a year from now. I suggest you do the right thing. The City is in good
.financial shape. You have said that the employees are the most valuable asset the
City has. I also believe that we have done an incredible job the last six years of
serving the citizens of the City, no matter what happened to us six years ago. A lot of
us lost our homes. Our children had to go to different schools. We had to get rid of
cars. We had to adjust our life from one day to the next. So I just implore that you do
the right thing. The firefighters, the FOP, we've gone through issues before with the
City. We went through financial emergency in '95 and we all got through with it, and
everybody survived. So I'm just asking you to, you know, bypass all the legal advice
you've been getting, for the last six or seven years. Sit down; we're willing to sit down,
the FOP and the Miami Firefighters, and do the right thing so the City, could move
forward. Thank you.
Javier Ortiz: Good morning, Commissioners. Javier Ortiz, president of the Miami
Fraternal Order of Police, 710 Southwest 12th Avenue. I don't want to rehash what
he just said or reiterate what he just said, but now is the time to make a deal. We've
been preparing for this jor over six years. We are ready for whatever strategy that
the City Attorney's Office advises you, anyway that they, want to delay it, but we have
a plan in which 1 think could make our members whole; at the sane time, it's not
going to bankrupt the City. .1tv members have given me marching orders, and it's
quite clear. Let's strike a deal now. This is the time to strike a deal. If you don't want
to settle now, I assure you, we are going to prevail. We will prevail. And when we're
owed all that money, don't ask for a settlement then. Do not ask for a settlement then,
because we've been waiting long enough. They're going to tell ,vou that, you know --
They're going to talk to you at the executive session on how to delav it, maybe there's
a way to do it, the first DCA (District Court of Appeal). We're ready. We are ready.
It was a 5-1 decision in the Supreme Court. And regardless of what happens right
now, we are under the status quo from 2010, which means you owe its all that money,
regardless of what happens right now. So instead of playing games and trying, like
the Mayor's saying "Oh, this is going to be the Mayor's problem, " no. It's not the
Mayor's problem. It's his problem and those that are here now. We have a way in
.fixing this. I think it's in everyone's best interest, including the City employees, our
first responders, that we sit down and we have a chat, and see if we can work
something out,, because by you trying just to delay it a little bit more, a little bit more,
I'm telling you, I'm telling you, it's going to be a lot harder for us to be able to reach
any type of'agreement. And again, the City is doing well, but all that money, over
$100 million that's sitting in reserves, that's the money of our first responders and our
employees. And I understand that the City was going through some hard times.
They're going to talk to you about the Chiles case and now we might have to apply
Chiles. Yeah. You might want to watch the oral argument that was given to the
Supreme Court. You didn't do anything except cut salaries. You didn't dejer; you
didn't do any, type of layoffs; you didn't cut streetlights; you didn't raise taxes; you
lowered taxes. And ij'you think that in the court of law, especially with a 5-1 decision
in the Supreme Court, all of a sudden, they're going to go, "You know what? We're
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going to forgive the City" -- "Oh, by the way, I know there's an issue about backpay, "
remember, this wasn't statutory. You broke the law. You broke the Bill of Rights, the
Constitution of the State of Florida. It's a lot different, so make sure that you read
that case law. Again, we are more than willing to meet with you guys. I've said it
year after year after year, during contract negotiations. This is the time that we
settle. This is the time that we move forward and continue having the City shine.
Thank you.
Chair Hardemon: Thank you very much, sir. You're recognized, ma'am.
Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street.
I am present today for favor, RE. 7; and in favor of RE. 9, which the president of our
association came in and spoke about it, the temporary closure of 27th and -- between
14th and 15th Street. In opposition of RE.6. No more LED signs. I think we have
already enough, and sometimes, those don't actually help the City. It helps the owner
of the property, who have the sign and get paid . for it, but that's it; nobody else.
Thank you.
Chair Hardemon: Thank you very much, ma'am. Is there any other person that'd like
to speak on the morning section of the public continent? Seeing none, I'll close the
morning section of the public comment.
PA - PERSONAL APPEARANCES
PA.1 PERSONAL APPEARANCE
1638 PERSONAL APPEARANCE BY MS. LORRAINE HIBBERT, OWNER
OF SHRIMP WINGS & THINGS, INC. (SW&T), REGARDING A
COMMERCIAL REHABILITATION OF HER BUILDING.
RESULT: PRESENTED
Chair Hardemon: I see that there is a personal appearance that is on our agenda.
The personal appearance is for Mr. -- Ms. -- I'm sorry -- Ms. Lorraine Hibbert. Is
Ms. Hibbert here today?
Leroy Jones: Yeah, she here.
Chair Hardemon: She's here?
Mr. Jones: Yeah. (UNINTELLIGIBLE).
Chair Hardemon: Welcome, Ms. Hibbert.
Lorraine Hibbert: I just want to say thank you jor letting me get a chance to speak. I
see that you guys said that you had some money in Economic Development that you
can help me with my restaurant for the equipment and everything that I need.
Chair Hardemon: Try to speak directly into the microphone, please.
Ms. Hibbert: Okay. I say, I see that y'all have in the Economic Development
Program that y'all have some funds for Liberty City that you guys can help me to
finish the things that need to be done at the restaurant; jor instance, like the air
conditioning is -- when you cut on the hood system and the air conditioning is on, my
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customers have to strain their- selves to open my doors. And when they first put the
doors in, I addressed it to Mr. Leroy and also with the contractor that the doors were
opening by their selves. At night, my people across the street would tell me, "Come
shut your door. Your door is open, "and it's still doing the same thing. So what I did,
I had to take a chain and chain it up, which was knocking the paint of the thing
because I have to lock it tight so nobody won't be able to come in. And also, the hood
system, when the air is supposed to be circulating to take out the heat and bring back
in the cool air, it's not doing that, either. It's just taking the heat out, and that's it. So
it's some things that need to be done. The windows need to be fixed, because
someone, I guess, got mad one night or jealous or something, and came and bust my
windows. We had it on camera, but we couldn't see the person face, because they had
on a hoodie and everything. And my grease trap is not up to date. They say it is, but
it's -- I suppose to have -- from my understanding, the plumber that came and had to
do my septic tank, he said that my grease trap and my septic tank, the -- should have
two different lines, and it's going on one line, so it's clogging up sometime, and the
stuff is corning back up in the restaurant. And also, ny equipment, like I said, is
really old. I did get a few things, like a steam table and one fryer, but the -- that wore
out, and the fryers and stuff are acting up, so I need new equipment. My refrigerator
is a house refrigerator, which I need -- you guys promised me a walk-in cooler, which
I would love to have, because it would help me, and instead of me going burying my
grocery every day, I could be buying a bulk of grocery and stocking up; that way, I
don't have to keep -- you know, I can manage my money more better, nuy finances
more better. And my customers say my food is good. They don't want my doors
closed. 1 want to stay open. I'm trying to stay open. I been out of my business for a
year and six months. I'm just getting back in there, so it's kind of slow, but it's picking
back up. And I would appreciate it if you guys really assist me in doing the things
that I need to do for my restaurant so that I can build my business the way I need to
build it.
Chair Hardemon: Mr. Jones, I know that you were -- you could take this lectern here.
Just so some of its are aware, I know, Mr. Jones, you were involved with the process
of the initial renovation of-- I can't call it "initial, " because they may have -- she may
have received more than one grant to help renovate her space. But you were involved
with the -- one of the renovations to help make this space better suited for the
restaurant. I don't remember exactly how she received her initial grant, because I
think it predated me. However, I know that you were able to participate in some of
those renovations, so can you just describe some of the things that happened while
you were there?
Mr. Jones: So this was a project under Community Development Department. It was
a few years back. It was two businesses that was selected on 17th Avenue, and I think
they were selected because of their history and how long they had been there. I think
Ms. Lorraine family probably owned that grocery store -- I meant to say "that
restaurant" -- probably 30, 40 years, so they been there a long time; and A Mother's
Daycare. So it was $I50, 000 and -- $250, 000. A hundred went to her business and
150 went to A Mother's Daycare. Her grant was jor renovations. Now, we eventually
tried to see if we can expand her restaurant in the black -- back, but because of 'the
issue with the parking and to connect her restaurant up to a sewer line would have
cost more money than what the project was worth. We would have had to connect, I
think, to 54th Street. Am I right, Nehemiah? So Nehemiah, was the project manager
on there, on that project. I do want to say that, you know, I been helping businesses
for 20 years, and it probably safe to say thousands of businesses have received
financial assistance through my program. And to have one that might be built -- think
some things should have been done better is heartbreaking to me, because I think I
got a fairly good track record. And this probably the first time ever in the history
anybody came and said anything that wasn't completed or done the way it should
through a project that I done in the past 20 years. So, to my credit, I think I got a very
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good track record, but even so, having one person think that one thing should have
been done differently and they was on the site -- I think we fulfilled our contract as --
you can check with Community Development. Everything was signed off on by the
Building Department. Everything was completed, and we went above and beyond on
that project. We bought equipment. We personally raised money to help her out with
things that wasn't a part of the contract Now, I don't know, but I think that no matter
how much we do, and because the building is so old, it's -- and it's right on the street,
so it's like only thing separating it is the five foot sidewalk, so it's a lot -- and that's
17th Avenue, so it's a lot of traffic, a lot of trucks, a lot of buses go by there. So, of
course, with the fumes and all that, it's going to be -- do some damage to the building.
I went to Ms. Lorraine location, maybe about a week ago, to see if it's anything that
we need to discuss, and, you know, I'm open to anything that we can do to help her,
but we don't have any more money to help her. We expended what Community
Development gave us. They signed off on everything, and we even invested some of
our own resources in to helping. So I do agree, she needs some commercial
equipment; I agree with that, she do, but that wasn't under the contract, you know?
So I'm here, willing to help, whatever we can. We don't have any resources that we
can help her with. That contract been closed out years ago. But any questions that
you have, we here to answer. And I agree with some of the things, like the equipment.
I agree that she need to do that, you know, so.
Chair Hardemon: We have a representative from Economic Development, please?
George Mensah: George Mensah, director of Community Economic Development.
Chair Hardemon: Are there any things related to her project that Economic
Development can further assist her with, or needs. further follow-up with that you may
think, "Oh, well, maybe we should" -- "We have the resources. We should dedicate
more time to this one project to help fulfill" --? I mean, Mr. Jones stated that all of
his requirements were met. But from the City's perspective, is there any way that you
can continue your assistance with her; or do you think she would have to go through
another grant -type process, or pre-process to get further assistance?
Mr. Mensah: It's all about the availability of funding. We -- the fund was provided,
and (UNINTELLIGIBLE)fund income through City Commission; it's allocated, and
then we find it. As of now, we don't have any allocation for a project of that type in
the district. What I had -- when the communication between me and her through
Grady Muhammad was that they wanted to go through the loan program, because
they looked at the fact that we've given loan program -- loans to other entities. And I
said, "Well, that's fine. " So I did send the loan program information to them, and
later on, thev came and said they're not interested in a loan; they just want a grant. I
think that, you know, what we've been doing in this -- in the City in the past four five
years is give businesses loans rather than just regular grants. And so, to nre, I don't
know. Unless the City Commission decides to allocate any funding to her, there is
nothing that I, personally, in nay department, can do at this point.
Chair Hardemon: Have you estimated, Ms. Hibbert, the cost of the things that you
need?
Ms. Hibbert: I got a thing here.
Chair Hardemon: I know that there --
Ms. Hibbert: I got some --
Chair Hardemon: -- you have the Liberty City Trust that's in the area that still has
some funding that is left from a grant that they received to help with businesses in the
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community. I know that they issued an RFP (Request for Proposals) that people
responded to. I'm not sure if you responded to that one, but it was awarded to one of
the businesses in -- on 7th Avenue. And so, as I understand, there's still a suer of
funds that are still left. They haven't put out an RFP yet on that sum of funds that's
still left; that may be a possibility. That may be something that they're interested in
doing. I believe what they're doing right now is just kind of holding on to that money
to see if there are any cost overruns, so just in case there's some cost overruns on the
projects they're supporting today, they can further assist with it. But from what you
described to me, it didn't seem like something that would take an extreme amount of
money, except maybe for that grease trap thing, if that's, indeed, true. The grease
trap and the sewage, I believe she said, is on the same line. I'm not sure if that's
allowed or not.
Mr. Jones: So the City was aware of all that, and all that was approved when we
closed that project out. If she want us to help her with that application, we would be
willing to help her do --fill out the application. You know, I personally --you know, I
personally want to make sure that she's satisfied, because, like I said, they been there
for -- her. family been there, for 40 years. You know what I mean? Where I grew up
at.
Chair Hardemon: Right.
Mr. Jones: You know, it's no way I -- me and my staff don't want to see her get the
best and get what all she got coming to her, but at some point, the money had to end,
and that was the end of it, you know? So we still here, available, willing to help,
whatever we can do, you know.
Chair Hardemon: So what I'm thinking, iWs. Hibbert, is that we'll put our heads
together. 1 know my office has been in contact --
Mr. Jones: And Commissioner, one other thing: The cost that we was getting to
oversee the project, we waived our cost. So we didn't even get no administration
dollars from that project; that's how committed we are to it. So we didn't benefit
none, and it was a lot of time. That year took a couple of -- that project took some
time.
Ms. Hibbert: A year and six months, exactly.
Mr. Jones: Yeah. It took a long time.
Ms. Hibbert: While I was out scrapping, doing construction work and evervthing to
pay my rent, the mortgage for the building while I was out. I had to come up with
that 1,100 -- well, $1,200 to pay the rent.
Chair Hardemon: No, I certainly understand that. I know we're -- right now in the
Overtown community, the CRA (Community Redevelopment Agency) gave a grant to
Jack -- no -- to People's Barbecue, and it's a gut renovation, gut rehab of their
property, and people think that they've closed down for good,, but they haven't. You
know; thev had to stop their business in order to get those improvements. It's one of
those things where you can't have one without the other. You know, if you want the
improvements, then you have to leave the building so that we can make those
improvements. But I think what we'll do is we'll put all of our heads together to try to
find a way to assist you so that you have the things that you need to ensure that your
business goes the way it's supposed to go. However, like I said, we will have to look
into -- One of the things that we'll look into is the Liberty City Trust, and they have an
RFP process, and I'm sure, with your type of business, the record you have in the
community, the fact that you are an ongoing business, you have been providing food,
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that that's going to be favorable to you if they did some sort of RFP process to
determine that -- which business gets some financial support. So we're here. I know
you wanted an opportunity to speak before the Commission, and that's what I wanted
to give you so that you -- so, you know, you are able to put everything on the table,
but we're still trying to help you through this whole process.
Mr. Jones: So Commissioner, one final thing for me -- you know, I'm so committed to
this -- is that, you know, even now, I'm still available. For me, the contractor is here
and the administration person in my office that handle that. If it's something that we
didn't finish or need to be done -- although the City approved everything, the
inspectors punched everything out -- we available to go back there. And if something
that we need to do that we didn't do, or something that broke or happened wrong that
-- our responsibility, we willing to do that.
Chair Hardemon: Okay.
Mr. Jones: Okay.
Chair Hardemon: Thankyou very much. We appreciate it. Ms. Hibbert.
Ms. Hibbert: Yes. Okay. I'm thankful. for that, Leroy; and I'm grateful to you, also,
Commissioner. IJust needed to have --just to speak.
Chair Hardemon: That's no problem.
Ms. Hibbert: Just to get it out.
Chair Hardemon: That's okay.
Ms. Hibbert: You know, because, like you said, I been out of my place for a year and
six months. Paying the mortgage and everything has tooken [sic/ all my funds.
Chair Hardemon: Yes, ma'am.
Ms. Hibbert: And when thev expanded my business, I had a flower shop. It was the
only flower shop that was on 17th Avenue, all the way from 135th Street to 30 -- to
20 -something street, where they sell flowers at. So I lost my second income.
Chair Hardemon: Right.
Ms. Hibbert: So that's the reason why I had to keep coming to the City, asking for
help, because when you been out of business for a year and six months, regardless of
how long you've been there, you have to rebuild your clientele.
Chair Hardemon: Yeah, yeah.
Ms. Hibbert: And, you know, I'm doing it and I'm doing it slowly, but I'rn good at it.,
and my niece put me on Facebook and everything so that I could be,, you know, in the
public --
Chair Hardemon: Right.
Ms. Hibbert: -- which I didn't know how to do, and that's why I was asking for money
to also advertise. I didn't get my grand opening, either, which I asked for; also, which
would have helped the community know that we were back --
Chair Hardemon: You're back.
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Ms. Hibbert: -- and we're open. So that's all I'm asking far.
Chair Hardemon: I know --
Ms. Hibbert: That's all I'm asking for.
Chair Hardemon: -- the grand opening was one of those things that you were
concerned about. The -- let's work on fixing what you need to fix. There are some
things that need to be repaired, as what was described earlier, and then we'll go from
there.
Mr. Jones: If it's our responsibility, Commissioner.
Chair Hardemon: Yeah. We'll --
Mr. Jones: And in all fair --
Chair Hardemon: -- work together. We'll work together.
Mr. Jones: -- fairness, too, I don't want people that listening to see this to hear that
we intentionally closed her flower shop down. She wanted to expand the, flower shop
for a seating area. And she had one bathroom; she wanted two. Instead of having
one, as small as the place is, she wanted two. So she got the two bathrooms that she
needed -- that she wanted. It didn't require that, but she wanted it. So we didn't
closer her flower place down. She wanted to use it _for the seating area for the
restaurant, you know.
Ms. Hibbert: Okay.
Mr. Jones: You know, so to hear her say that, you know, we closed it, she ain't
making money from the flower shop, it's --
Ms. Hibbert: Leroy, I didn't say --
Mr. Jones: Yeah.
Ms. Hibbert: -- you closed my business down.
Mr. Jones: Oh.
Ms. Hibbert: I didn't come here to debate or argue with you.
Mr. Jones: I'm not arguing with you, neither. I'm just saying, the way you said it, it
made it seem like --
Chair Hardemon: I want both of you --
Mr. Jones: -- we was responsible for that.
Chair Hardemon: --to direct your --
Mr. Jones: Yes.
Chair Hardemon: -- regards --
Mr. Jones: Yes.
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Chair Hardemon: -- your remarks to me, okay?
Mr. Jones: Yes.
Chair Hardemon: Thank you so very much for your --for coming.
Mr. Jones: All right. Thankyou.
Ms. Hibbert: Now, you said that you needed --
Chair Hardemon: We'll take care of it.
Ms. Hibbert: -- I got some quotes on some of the things that I need.
Chair Hardemon: Right. If you could --
Ms. Hibbert: So who do I give it to?
Chair Hardemon: -- you can give it to the Clerk. The Clerk will then probably make
a couple of'eopies. for me so I can have, but --
Ms. Hibbert: All right.
Chair Hardemon: -- because you spoke on the record, I want to make sure that the
Clerk has that for the record.
Ms. Hibbert: All right, sir. Thankyou. Thankyouforeverything.
Chair Hardemon: Thank you very much.
Ms. Hibbert: And 171 be looking forward to hearing from you guys.
Chair Hardemon: Yes, yes.
END OF PERSONAL APPEARANCES
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CA - CONSENT AGENDA
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Francis Suarez, Commissioner
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Gort, Suarez
ABSENT: Russell, Carollo
Chair Hardemon: Mr. City Attorney, CA. 1.
Barnaby Min (Deputy Citv Attorney): Would you like me to read it? CA.1 is a
resolution of the Miami City Commission, accepting the bid received December 27,
2016, pursuant to Invitation for Bid number 675386, from La -Z -Boy, Incorporated,
the sole responsive and responsible bidder, for the purchase of La -Z -Boy recliner
chairs, on an as -needed basis, for an initial contract period of two years, with the
option to renew for two additional two-year periods; allocating funds fi^om the
various sources of funds from the City of Miami Department of Fire -Rescue, subject
to the availability of funds and budgetary approval at the time of need, authorizing
the City Manager to negotiate and execute all other documents, including any
amendments, renewals, modifications to the contract., in a form acceptable to the City
Attorney, as may be necessary for said purpose.
Commissioner Suarez: Move it.
Chair Hardemon: It's been properly moved.
Commissioner Gort: Second.
Chair Hardemon: Seconded. Is there anyone from the public that'd like to speak on
this item? Seeing none, I'll close the public hearing. If there is not any further
comment, Mr. Clerk.
City ofMiami Page 24 Printed on 5/5/2017
The following item(s) was Adopted on the Consent Agenda
CA.1
RESOLUTION - Item Pulled from Consent
1729
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
Department of Fire-
THE BID RECEIVED DECEMBER 27, 2016, PURSUANT TO
Rescue
INVITATION FOR BID NO. 675386, FROM LA -Z -BOY
INCORPORATED, THE SOLE RESPONSIVE AND RESPONSIBLE
BIDDER, FOR THE PURCHASE OF LA -Z -BOY RECLINER
CHAIRS, ON AN AS NEEDED BASIS, FOR AN INITIAL CONTRACT
PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW
FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS;
ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF
FUNDS FROM THE CITY OF MIAMI DEPARTMENT OF FIRE -
RESCUE, SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL
OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS,
RENEWALS, AND MODIFICATIONS TO THE CONTRACT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE
NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-17-0109
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Francis Suarez, Commissioner
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Gort, Suarez
ABSENT: Russell, Carollo
Chair Hardemon: Mr. City Attorney, CA. 1.
Barnaby Min (Deputy Citv Attorney): Would you like me to read it? CA.1 is a
resolution of the Miami City Commission, accepting the bid received December 27,
2016, pursuant to Invitation for Bid number 675386, from La -Z -Boy, Incorporated,
the sole responsive and responsible bidder, for the purchase of La -Z -Boy recliner
chairs, on an as -needed basis, for an initial contract period of two years, with the
option to renew for two additional two-year periods; allocating funds fi^om the
various sources of funds from the City of Miami Department of Fire -Rescue, subject
to the availability of funds and budgetary approval at the time of need, authorizing
the City Manager to negotiate and execute all other documents, including any
amendments, renewals, modifications to the contract., in a form acceptable to the City
Attorney, as may be necessary for said purpose.
Commissioner Suarez: Move it.
Chair Hardemon: It's been properly moved.
Commissioner Gort: Second.
Chair Hardemon: Seconded. Is there anyone from the public that'd like to speak on
this item? Seeing none, I'll close the public hearing. If there is not any further
comment, Mr. Clerk.
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City Commission Meeting Minutes March 9, 2017
Todd B. Hannon (City Clerk): Roll call on item CA. 1.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The resolution passes, 3-0.
Commissioner Suarez: Were doing roll call on CAs (Consent Agendas), too?
Chair Hardemon: Well, I just want to keep from banging the gavel. But the thing
about it is that I want to give everyone an opportunity to speak, that's all.
Commissioner Suarez: I got you.
Chair Hardemon: I kind of want to take it out of my hands that --
Commissioner Suarez: Listen --
Daniel J. Alfonso (City Manager): Mr. Chairman, I just want to point out --
Commissioner Suarez: --you're the Chair.
Mr. Alfonso: -- that if anybody else needs to --
Commissioner Suarez: You're the chair.
Mr. Alfonso: -- piggyback on this contract for some La -Z -Boys, we can make that
happen.
Commissioner Suarez: I respect both procedures. You're the Chair.
Chair Hardemon: Okay.
Commissioner Gort: You're the Chair.
Chair Hardemon: I'll need you later.
Commissioner Gort: You're the boss.
Chair Hardemon: I'll need you -- I -- yeah. You know, we got -- two people just
stepped away, so.
Commissioner Suarez: I got you.
Chair Hardemon: You know.
Commissioner Suarez: I got you, got you, got you.
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CA.2
RESOLUTION - Item Pulled from Consen"
1731
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Grants
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Administration
SUBMIT AN APPLICATION, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR REIMBURSEMENT GRANT FUNDING TO
THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND")
WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO
EXCEED $84,409.00, TO DESIGN AND OBTAIN PERMITS FOR A
SEAWALL, BAYWALK, AND FLOATING DOCK FOR THE
SOUTHEAST 25TH ROAD END OF STREET PROJECT
("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION
OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR
DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS,
AND EXTENSIONS THERETO, AND THE ACCEPTANCE OF
GRANT FUNDS, IN THE EVENT OF AN AWARD OF THE GRANT
FOR FISCAL YEAR 2017-2018.
ENACTMENT NUMBER: R-17-0110
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Francis Suarez, Commissioner
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Gort, Carollo, Suarez
ABSENT: Russell
Chair Hardemon: CA.2.
Lillian Blondet (Director, Grants & Sustainable Initiatives): We have several
resolutions and CAs (Consent Agendas) today regarding the Florida Inland
Navigation District grant applications.
Commissioner Suarez: I'll move CA.2 with --
Commissioner Gort: CA.2.
Commissioner Suarez: -- one very brief discussion.
Commissioner Gort: Second.
Chair Hardemon: Been properly moved and seconded. You're recognized, sir.
Commissioner Suarez: Thank you, Mr. Chair. I just want to thank the Administration
for working with me. This is -- this came from a neighborhood meeting where -- it's
not in my district; it's in District 2 -- there've been complaints about the seawall that's
at the edge of '25th Road, and I want to thank the Administration for working with its
to create this grant possibility for them.
Chair Hardemon: Any further discussion? Is there anyone from the public that'd like
to speak on this item? Seeing none, all in favor of CA.2, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Against? Motion passes.
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City Commission Meeting Minutes March 9, 2017
CA.3
RESOLUTION - Item Pulled from Conseni
1732
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Grants
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Administration
SUBMIT AN APPLICATION, IN A FORM ACCEPTABLE TO THE
AYES:
CITY ATTORNEY, FOR REIMBURSEMENT GRANT FUNDING TO
ABSENT:
THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND")
WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO
EXCEED $153,122.00, TO DESIGN AND OBTAIN PERMITS FOR
THE BAYWALK AT THE FIRST PRESBYTERIAN CHURCH
LOCATED AT 609 BRICKELL AVENUE, MIAMI, FLORIDA
("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION
OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR
DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS,
AND EXTENSIONS THERETO, AND THE ACCEPTANCE OF
GRANT FUNDS IN THE EVENT OF AN AWARD OF THE GRANT
FOR FISCAL YEAR 2017-2018.
ENACTMENT NUMBER: R-17-0111
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Chair Hardemon: CA.3.
Lillian Blondet (Director, Grants & Sustainable Initiatives): CA.3 is another FIND
(Florida Inland Navigation District) application. FIND gives us 50 percent of the
funding for the projects. This one is for the bay walk behind the First Presbyterian
Church --
Commissioner Gort: Move it.
Ms. Blondet: -- located at 609 Brickell Avenue.
Commissioner Suarez: Second.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved by Commissioner Gort; seconded by
Commissioner Suarez. Is there anyone from the public that'd like to speak on this
item? Seeing none, I'll close that public hearing. Any further discussion from
Commission? Seeing none, all in favor say I aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
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City Commission Meeting Minutes March 9, 2017
CAA
RESOLUTION - Item Pulled from Consen"
1733
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Grants
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Administration
SUBMIT AN APPLICATION, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR REIMBURSEMENT GRANT FUNDING TO
THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND")
WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO
EXCEED $72,855.00, TO DESIGN AND OBTAIN PERMITS FOR
VESSEL DOCKAGE AT THE KNIGHT CENTER — PHASE 1
("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION
OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR
DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS,
AND EXTENSIONS THERETO, AND THE ACCEPTANCE OF
GRANT FUNDS IN THE EVENT OF AN AWARD OF THE GRANT
FOR FISCAL YEAR 2017-2018.
ENACTMENT NUMBER: R-17-0112
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Francis Suarez, Commissioner
AYES: Hardemon, Gort, Carollo, Suarez
ABSENT: Russell
Note for the Record: For additional minutes referencing Item CA.4, please see
"Public Comments Period for Regular Item(s). "
Chair Hardemon: CA.4.
Lillian Blondet (Director, Grants & Sustainable Initiatives): CA.4 is a FIND (Florida
Inland Navigation District) application for the design and permitting of the dockage
at the Knight Center. The application will be for 72,855,000, with the City matching
50 percent of that.
Chair Hardemon: Okay. It's been. --
Commissioner Gort: Move it.
Chair Hardemon: It's properly moved.
Commissioner Suarez: Second.
Chair Hardemon: Seconded by Commissioner Suarez. Is there anyone from the
public that'd like to speak on this item?
Commissioner Gort: Question.
Chair Hardemon: Seeing none.
Commissioner Gort: I have a question.
Chair Hardemon: Yes, sir.
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Commissioner Gort: My understanding, this is going to -- are you going to expand
this all the way through the next property that we own?
Ms. Blondet: I'm not sure about the design, if it's going to go to the next property.
Robert Weinreb: (Project Manager, T, Capital Improvements and Transportation):
Good morning. Bob Weinreb. There is a property, a private property in between --
Commissioner Gort: Right.
Mr. Weinreb: -- the two properties, and we have reached out to them, and at this
point, they have not wanted to do anything with us.
Commissioner Gort: Okay. Thankyou.
Chair Hardemon: Any further discussion? Seeing none, all in favor of this item, say
„aye „
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
CA.5
RESOLUTION - Item Pulled from Consen
1734
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Grants
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Administration
SUBMIT AN APPLICATION, IN A FORM ACCEPTABLE TO THE
AYES:
CITY ATTORNEY, FOR REIMBURSEMENT GRANT FUNDING TO
ABSENT:
THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND")
WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO
EXCEED $59,000.00, FOR THE PURCHASE OF A MIAMI POLICE
DEPARTMENT MARINE PATROL VESSEL ("PROJECT");
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
ANY AND ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION
OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR
DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS,
AND EXTENSIONS THERETO, AND THE ACCEPTANCE OF
GRANT FUNDS IN THE EVENT OF AN AWARD OF THE GRANT
FOR FISCAL YEAR 2017-2018.
ENACTMENT NUMBER: R-17-0113
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Chair Hardemon: CA. 5.
Lillian. Blondet (Director, Grants & Sustainable Initiatives): CA.5 is a FIND (Florida
Inland Navigation District) application to purchase a marine -- Police Department
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patrol vessel. The amount of the grant is $59,000, with the City matching the same
amount.
Commissioner Gort: Move it.
Chair Hardemon: Been properly moved --
Commissioner Suarez: Second.
Chair Hardemon: -- and seconded. Is there anyone from the public that'd like to
speak on this item? Seeing none, any further discussion? Hearing none, all in favor,
say „aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
CA.6
RESOLUTION - Item Puller] from Consent
1735
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Grants
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Administration
SUBMIT AN APPLICATION, IN A FORM ACCEPTABLE TO THE
AYES:
CITY ATTORNEY, FOR REIMBURSEMENT GRANT FUNDING TO
THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND")
WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO
EXCEED $100,870.00, TO DESIGN AND OBTAIN PERMITS FOR
THE SEAWALL, BOAT RAMP, AND TRAILER PARKING
IMPROVEMENTS AT MYERS PARK ("PROJECT"); FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT
APPLICATION, THE EXECUTION OF GRANT OR DEED
AGREEMENTS AND AMENDMENTS, MODIFICATIONS, AND
EXTENSIONS THERETO, AND THE ACCEPTANCE OF GRANT
FUNDS IN THE EVENT OF AN AWARD OF THE GRANT FOR
FISCAL YEAR 2017-2018.
ENACTMENT NUMBER: R-17-0114
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT: Russell
Chair Hardemon: CA. 6.
Lillian Blondet (Director, Grants & Sustainable Initiatives): CA. 6 is a FIND (Florida
Inland Navigation District) application for designn and permitting for the Myers Park,
to obtain permits for a seawall, a boat ramp, and a redesign of the trailer parking
space.
Chair Hardemon: Is there anyone from the public that'd like to speak on this item?
Hearing none, is there a motion?
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Commissioner Gort: Move it.
Chair Hardemon: Property moved.
Commissioner Carollo: Second.
Chair Hardemon: Seconded.
Commissioner Suarez: Second.
Chair Hardemon: Is there any further discussion? Hearing none, all in favor, say
"aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
CA.7
RESOLUTION - Item Puller] frorn Consent
1736
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Grants
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Administration
SUBMIT AN APPLICATION, IN A FORM ACCEPTABLE TO THE
AYES:
CITY ATTORNEY, FOR REIMBURSEMENT GRANT FUNDING TO
THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND")
WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO
EXCEED $400,000.00, FOR THE CONSTRUCTION OF A
BAYWALK, BOAT HOISTS, AND FLOATING DOCKS AT REGATTA
PARK ("PROJECT"); FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE SUBMISSION OF SAID GRANT
APPLICATION, THE EXECUTION OF GRANT OR DEED
AGREEMENTS AND AMENDMENTS, MODIFICATIONS, AND
EXTENSIONS THERETO, AND THE ACCEPTANCE OF GRANT
FUNDS IN THE EVENT OF AN AWARD OF THE GRANT FOR
FISCAL YEAR 2017-2018.
ENACTMENT NUMBER: R-17-0115
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT: Russell
Chair Hardemon: CA. 7.
Lillian Blondet (Director, Grants & Sustainable Initiatives): CA. 7 is a FIND (Florida
Inland Navigation District) grant for construction of a bay walk, boat hoist, and
floating docks at Regatta Park. The application is for $400, 000.
Chair Hardemon: Is there anyone from the public that'd like to speak on that item?
You're recognized, ma'am.
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Renita Holmes: Madam Holmes for Our Homes, Business and Property Services.
Just for the record, the floating Regatta has been environmentally cleared; is that
correct? We have -- I hadn't had the opportunity to follow up to look at the
justification or the impact, and I was just -- if anyone knew right offhand. Project
manager, that is still an unaddressed issue, unresolved issue about -- regarding the
impact of the materials and the impact to the reef. And as I stand, please don't
misunderstand me, that it has not been addressed, and I know that is mandated and
that this is needed. I mean, $400, 000 can't compare to the impact, but I know that we
want to clarify that it has been justified and sent to the State in regards to the permit
and the transition of the permit.
Chair Hardemon: You're recognized.
Robert Weinreb (Project Manager, T, Capital Improvements and Transportation):
My understanding is that we have the Florida Department Environmental Protection
permit. They had addressed the seagrass in the area, and we redesigned the project
around that. And we have both the Army Corps permit and the Florida Department of
Environmental Protection permit. They've been cleared by both regulatory agencies.
So my understanding is we are allowed to move forward with this grant application
and the FIND grant will address those issues.
Ms. Hohnes: Just -- ifI may?
Chair Hardemon: Let me allow Commissioner Gort --
Commissioner Gort: No, let her finish.
Ms. Holmes: I'm so sorry.
Chair Hardemon: Okay. Please, you can finish.
Ms. Holmes: No, 1 just -- we just noted -- and another agency cross-referenced that --
we have a tendency pattern and a trend to transition, and while we may have the okay
and the slap on the back, and say, "It's all right, " I'm talking about the mandated --
the information, the data on the actual required impact report, and we may get
permission. Just because you want me don't meann you're ready for me. So I just want
to be sure that we know we have made this choice, or that I have made this choice
through you to allow this type of damage to occur, because, like I said, we can help
children find a safe place, but will the help be safe when we do things like this? And
are we following the law? Thank you, sir.
Chair Hardemon: Thank you. You're recognized, sir.
Commissioner Gort: My question is, we received a letter from a previous chairperson
of the Dinner Key Advisory Board that -- Was that presented to Dinner Key, the
Advisory Board? But it's important you ex -- we explain that.
Daniel J. Alfonso (City Manager): Yes. The issue of the letter from Mr. Bush is on a
different grant. That's a -- not this one.
Mr. Weinreb: And just to follow up, we did do a seagrass and resource study for
these grant applications, so the regulatory agencies did approve our project, based on
seagrass and bathymetric survey of*the area, which, currently, has boats tied up and
using the same site, and it has been at Dinner Key Marina for 10 or 15 years.
Ms. Holmes: I just advise caution. Thank you, sir.
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Chair Hardemon: Thank you very much.
Commissioner Gort: I apologize. I got confused with Flex Park,
Chair Hardemon: No, it's okay, it's okay. The -- seeing there's no further persons
from the public that want to speak on this item, I'll close the public comment on this.
I'm not sure; do we have a motion? There's no motion on the floor. Is there a motion
to approve this?
Commissioner Gort: Move it.
Chair Hardemon: That's properly moved, and seconded by Commissioner Carollo.
Any, further discussion? Hearing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
CA.8
RESOLUTION - Item Pulled from Consen
1741
A RESOLUTION OF THE MIAMI CITY COMMISSION
Office of
AUTHORIZING THE CITY MANAGER TO EXERCISE THE
Transportation
SECOND ONE (1) YEAR OPTION TO RENEW FOR REQUEST
Management
FOR PROPOSAL CONTRACT NO. 272271 BETWEEN THE CITY
ABSTAIN:
OF MIAMI AND OUTFRONT MEDIA MIAMI LLC, PURSUANT TO
ABSENT:
RESOLUTION NO. 13-0501, ADOPTED DECEMBER 12, 2013, FOR
TROLLEY ADVERTISEMENT PROGRAM SERVICES FOR THE
OFFICE OF TRANSPORTATION MANAGEMENT ON AN AS
NEEDED CONTRACTUAL BASIS; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL OTHER DOCUMENTS,
INCLUDING ANY AMENDMENTS, EXTENSIONS,
MODIFICATIONS, AND THE TWO (2) REMAINING ONE (1) YEAR
OPTIONS TO RENEW, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-17-0116
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo
ABSTAIN:
Suarez
ABSENT:
Russell
Chair Hardemon: CA.8.
Commissioner Suarez: Mr. Chair, I have a conflict on this item I have to declare.
Chair Hardemon: Okay.
Commissioner Suarez: So I have to read this statement that was drafted by the City
Attorney's Office. 'I Francis Suarez, Commissioner of the City of Miami, District 4,
hereby, disclose that on March 9, 2017, a measure will come before your regular
meeting of the Miami City Commission whichh will inure to the special gain and loss of
GrayRobinson, PA. The measure is CA.8, File ID 1741, a resolution of the Miami
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City Commission Meeting Minutes March 9, 2017
City Commission, authorizing the City Manager to exercise a second one-year option
to renew for Request for Proposal Contract Number 2 722 71 between the City of
Miami and Outfront Media Miami, LLC, pursuant to Resolution Number 13-0501,
adopted December 12, 2013, for trolley advertisement program services for the Office
of Transportation Management, on an as -needed contractual basis; further
authorizing the City Manager to execute all other documents, including any
amendments, extensions, modifications; and the two remaining one-year options to
renew in a form acceptable to the City Attorney, as may be necessary for said
purpose. The nature of the conflict is that I am currently employed as of counsel by
GrayRobinson, PA, who represents Outfront Media. Due to this conflict, I will not be
able to participate on this measure, and will abstain from voting. This public
statement is made in compliance with Section 112.3143 of the Florida Statutes, and
we'll be filing the necessary paperwork corresponding to this item. " Thank you.
Chair Hardemon: Thank you very much. Is there anyone from the public that'd like
to speak on CA. 8? Seeing none, I'll close the public hearing.
Commissioner Gort: Move it.
Chair Hardemon: It's been properly moved by Commissioner Gort.
Commissioner Carollo: Second.
Chair Hardemon: Seconded by Commissioner Carollo. And any further discussion?
Hearing none, all in favor say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes, noting the absence of Commissioner
Suarez.
CA.9
RESOLUTION - Item Pulled from Consent
1748
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED
Procurement
AUGUST 15, 2016, PURSUANT TO REQUEST FOR PROPOSALS
NO. 603385, FROM JPMORGAN CHASE BANK, N.A., TO
PROVIDE CITYWIDE PROCUREMENT CARD SERVICES, ON A
CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF
FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR ONE (1)
ADDITIONAL FIVE (5) YEAR PERIOD, FOR A TOTAL PERIOD OF
TEN (10) YEARS; FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NEGOTIATED MASTER COMMERCIAL CARD
SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, AND EXECUTE ANY SUBSEQUENT DOCUMENTS,
INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS,
AND MODIFICATIONS TO THE AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE
NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-17-0117
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Gort, Carollo
ABSENT: Russell. Suarez
Chair Hardemon: CA.9.
Annie Perez: Good morning, Commissioners. Annie Perez, director of Procurement.
CA.9 is a resolution accepting a proposal received from JPMorgan Chase Bank for
the provision of P -Card services.
Chair Hardemon: Is there a motion to approve?
Commissioner Gort: I move it. Question.
Commissioner Carollo: Second.
Chair Hardemon: Property moved and seconded. You're recognized, Commissioner
Gort.
Commissioner Gort: My understanding you had several presentations to the Finance
Committee, and they helped you look for the right contract. Now, my understanding
is we can save -- or we can make money by making payments with 'X" amount of
time. My question to you is, you're going to use these funds for -- you set up a goal on
how many millions you're going to be using this card for. My question is, can we use
it more so we can save a lot more?
Ms. Perez: Actually, Commissioner, the contract does offer epayables, which we can
get -- it's revenue -generating for us --
Commissioner Gort: Right, right.
Ms. Perez: -- and that's one of the -- In about two weeks, we're going to be meeting
with JPMorgan Chase and our CFO (Chief Financial Officer) to discuss the
possibility of using that, because there's a great opportunity --
Commissioner Gort: I do that with my credit cards all the time, and I pay all my bills
with credit cards because I get the credit for it. Okay. So we'll be able to do that?
Daniel J. Alfonso (City Manager): We'll definitely look into that.
Ms. Perez: Yeah.
Mr. Alfonso: With the current expenditure pattern that we've had -- and, you know,
we have regulations on how much you can spend on the P -Cards. We expect that
we 71 have about 22 million -- $22,000 a year in revenue. But, certainly, if'we use it,
we'd have to come back to the Commission and get modifications on our current Code
as to what will be allowed to go through epay, and those type of ' things. We could
certainly rack up more credit.
Commissioner Gort: Okay.
Mr. A fonso: I do that, too, by the way.
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City Commission Meeting Minutes March 9, 2017
Commissioner Gort: Okay. Thanks.
Chair Hardemon: Is there any further discussion from the Commission? Seeing
none, is there anyone from the public that'd like to speak on this item? Also seeing
none, move to vote. All in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Against? Motion passes.
CA.10
RESOLUTION - Item Pulled from Consent'
1830
A RESOLUTION OF THE MIAMI CITY COMMISSION
Office of the City
AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND
Attorney
COSTS FOR THE ENGAGEMENT OF THE LAW OFFICES OF
MARRERO & WYDLER FOR REPRESENTATION OF OFFICER
MANUEL CABRERA IN THE CASE OF JUAN CHINEA VS.
MANUEL CABRERA, ET AL., CASE NO.: 16-15722 CA 01,
PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA;
ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.54510.0000.00000.
ENACTMENT NUMBER: R-17-0118
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Gort, Carollo
ABSENT: Russell, Suarez
Chair Hardemon: CA.10.
Barnaby Min (Deputy Citv Attorney): CA.10 is retention of outside counsel to assist
Officer Manny Cabrera. He has beenn sued in a civil rights lawsuit. He's also suing
the City of Miami, so we have a conflict of interest.
Chair Hardemon: Is there a motion?
Commissioner Gort: Move it.
Chair Hardemon: Properly moved.
Commissioner Carollo: Second.
Chair Hardemon: Seconded by Commissioner Suarez.
Commissioner Carollo: Carollo.
Chair Hardemon: I'm sorry; Commissioner Carollo. Is there anyone f tom the public
that'd like to speak on this item? Seeing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
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Chair Hardemon: All against? Motion passes.
END OF CONSENT AGENDA
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PH - PUBLIC HEARINGS
PHA
RESOLUTION
1744
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF COMMUNITY
Department of
DEVELOPMENT BLOCK GRANT FUNDS ("CDBG") IN THE
Community and
AMOUNT OF $60,000.00 FROM CDBG PROGRAM INCOME
Economic
FUNDS; ALLOCATING SAID FUNDS TO CORAL WAY PLAZA
Development
CONDOMINIUM ASSOCIATION, INC. FOR JOB CREATION, A
SPECIAL ECONOMIC DEVELOPMENT ACTIVITY, UNDER THE
TERMS AND CONDITIONS SPECIFIED IN ATTACHMENT "A";
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, NECESSARY TO COMPLETE SAID PURPOSE.
ENACTMENT NUMBER: R-17-0095
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Francis Suarez, Commissioner
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Gort, Carollo, Suarez
ABSENT: Russell
Chair Hardemon: PH.].
George Mensah: Commissioners, George Mensah, director of Community and
Economic Development. PH.1 is -- let me see. PH.1 is allocation of $60,000 in
CDBG (Community Development Block Grant) funds to Coral Way Condominium
Association.
Chair Hardemon: Okay. Is there anyone from the public --
Commissioner Suarez. Move it -- sorry.
Chair Hardemon: -- that'd like to speak on this item? Were on PH. I. Is there
anyone? Seeing none, I'll close the public hearing on this item. You want to speak?
No? Okay.
Commissioner Suarez: Yeah, that's fine.
Chair Hardemon: Is there any discussion --?
Commissioner Suarez: Move it.
Chair Hardemon: It's been properly moved.
Commissioner Carollo: Second.
Chair Hardemon: And seconded. This time, first by Commissioner Suarez and then
by Commissioner Carollo. Any further discussion on the item? Hearing none, all in
favor, say "aye. "
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The Commission (Collectively): Aye.
Chair Hardemon: All against? The motion passes.
PH.2
RESOLUTION
1745
A RESOLUTION OF THE MIAMI CITY COMMISSION
Department of
AUTHORIZING THE ACCEPTANCE OF SECTION 8 HOUSING
Community and
PROGRAM FUNDS IN THE PROJECTED AMOUNT OF
AYES:
$2,303,000.00 FOR RENTAL ASSISTANCE AND IN THE
Economic
PROJECTED AMOUNT OF $237,000.00 FOR PROGRAM
Development
ADMINISTRATION FOR A TOTAL PROJECTED AMOUNT OF
$2,580,000.00 TO EXTEND THE CURRENT PROGRAM YEAR
2016-2017 FROM TWELVE (12) MONTHS TO EIGHTEEN (18)
MONTHS OF ANNUAL CONTRIBUTIONS FROM THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL DOCUMENTS, IN A FROM ACCEPTABLE
TO THE CITY ATTORNEY, NECESSARY TO COMPLETE SAID
PURPOSE.
ENACTMENT NUMBER: R-17-0096
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Chair Hardemon: PH 2.
George Mensah (Director, Community and Economic Development): PH2 is a
resolution of the Miami City Commissionn authorizing the acceptance of
approximately 2,580,000 to extend the Section 8 Program for an additional six
months.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: Been properly moved and seconded. Is there any further comment
from anyone in the public? Seeing none, I'll close the public hearing. Ms. Betancourt
confused me when she stood up. Is there any further discussion on the dais? Seeing
none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
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PH.3
RESOLUTION
1747
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
Community and
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
Economic
APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING,
Development
ATTACHED AND INCORPORATED AS ATTACHMENT "A", THAT
COMPETITIVE NEGOTIATION METHODS AND PROCEDURES
ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO
SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR
SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF
GRANT FUNDS FROM THE DISTRICT 1 SHARE OF THE CITY OF
MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE, IN A TOTAL
AMOUNT NOT TO EXCEED $20,000.00, TO BARCELONA 1
CONDOMINIUM ASSOCIATION, INC. FOR THE INSTALLATION OF
A SEPARATE WATER METER TO THE RESIDENTIAL PORTION
OF THE BUILDING; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS
NECESSARY, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
MOTION TO:
Withdraw
RESULT:
WITHDRAWN
MOVER:
Francis Suarez, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
PHA
RESOLUTION
1746
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
Public Works
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
CONFIRMING, AND APPROVING THE CITY MANAGER'S
RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND
INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18-85
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING METHODS AS NOT BEING PRACTICABLE OR
ADVANTAGEOUS TO THE CITY OF MIAMI FOR THE
MAINTENANCE AND BEAUTIFICATION OF MARTIN LUTHER KING
BOULEVARD; APPROVING THE AWARD OF SAID SERVICES TO
GREATER MIAMI SERVICE CORPS., FOR THE PERIOD FROM
APRIL 1, 2017 THROUGH MARCH 31, 2018, AT AN AMOUNT NOT
TO EXCEED $174,000.00; WITH FUNDS ALLOCATED FROM
SPECIAL REVENUE ACCOUNT NO. 20-650003; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "B", FOR
SAID PURPOSE.
ENACTMENT NUMBER: R-17-0102
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City Commission Meeting Minutes March 9, 2017
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Chair Hardemon: PH 4.
Commissioner Suarez: Move it.
Chair Hardemon: Been properly moved, and seconded by the Chair. You're
recognized, sir.
Juvenal Santana: Good morning Commissioners. Juvenal Santana, Public Works
director. P114 is a resolution approving by four.flftlasaffirmative vote .for the
Greater Miami Service Corps contract for Martin Luther King Boulevard.
Chair Hardemon: Is there anyone from the public that'd like to speak on this item?
You're recognized, ma'am.
Deborah Dorsett: Good morning. Debby Dorsett, executive director of Greater
Miami Service Corps. We're located at 810 Northwest 28th Street, Miami, Florida
33127. And we appreciate the Commission's support on this item. It allows its to
support young people who are being re-engaged, going back to school, getting
diplomas, going off to college. So its not just that we're beautifying MLK (Martin
Luther King) Boulevard, but there's so much more work and impact to the young
people who are serving on the project.
Chair Hardemon: Thank You. Commissioner Carollo.
Commissioner Carollo: Thank you, Mr. Chairman. I want to thank the
Administration for bringing this back quickly. I think in the last Commission meeting
or the one before, we had mentioned this program and why hadn't it been redone or --
you know. So I m glad that it's before us, and I'm going to be voting and supporting
you.
Ms. Dorsett: Thank you.
Chair Hardemon: Okay. And I also want to say thank you very much for what you've
been doing with the Community Beautification Program, where you've -- you're fixing
up the -- cutting the vacant lots and maintaining them. As I drove around, I saw some
of the signs that we newly created to put in the yards to let people know. So when you
have a neighbor that's next to you that has an overgrown lot and they have their lots
cut, not only do -- does Greater Miami Service Corps cut those yards, but they put a
little sign that indicates that the program is there, so they know it was serviced. And I
think it does a good thing for the City, because I'm sure those homeowners who live
next to those properties know that they've been an eyesore jor a very long time. So I
appreciate that.
Ms. Dorsett: Thankyou.
Chair Hardemon: Make sure you have them tell them that the sign is the way you put
it. It's in a way so if you're driving east or west down the street, you can read both
sides of the sign, instead of facing the house.
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Ms. Dorsett: Okay.
Chair Hardemon: So -- but other than that, things are wonderful. So we've seen the
improvements that the City Manager has already put in from our allocations for the
irrigation system on 62nd Street, so I think that's going to really assist us in
beautifying that area. So thank you very much for all of your help.
Ms. Dorsett: Thankyou.
Chair Hardemon: Any further comment? Seeing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes unanimously.
PH.5
RESOLUTION
1700
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
Department of Real
FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION
Estate and Asset
18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
Management
AMENDED, AFTER AN ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES AND APPROVING THE PROCUREMENT OF
STORMSOFT MOORING SYSTEMS AND COMPONENTS FOR THE
DEPARTMENT OF REAL ESTATE & ASSET MANAGEMENT, FROM
AMERICAN UNDERWATER CONTRACTORS, INC., THE SOLE
PROVIDER FOR STORMSOFT MOORING SYSTEMS AND
COMPONENTS, ALLOCATING FUNDS FROM THE USER
DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED.
ENACTMENT NUMBER: R-17-0103
MOTION TO: Adopt
RESULT: ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Chair Hardemon: PH.S.
Daniel Rotenberg (Director): PHS. Good morning, Commissioners. Daniel
Rotenberg, Department of'Real Estate and Asset Management. PH5 is a resolution,
a sole source bid, requiring a four -f fths vote for the Dinner Key Marine Field; the
sole source for the underwater mooring bowls over at the marine field.
Commissioner Suarez: Move it.
Chair Hardemon: Been properly moved.
Commissioner Carollo: Second.
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Chair Hardemon: And seconded. Is there anyone from the public that'd like to speak
on this item? Seeing none, is there any further discussion? Hearing none, all in
favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
PH.6
RESOLUTION
1528
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
Parks and
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
Recreation
APPROVING AND CONFIRMING THE CITY MANAGER'S
ABSENT:
RECOMMENDATIONS AND FINDING, ATTACHED AND
INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE
NEGOTIATION METHODS AND PROCEDURES ARE NOT
PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI
("CITY") PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE
RECOMMENDATIONS AND FINDING, ATTACHED AND
INCORPORATED AS EXHIBIT "A", OF THE CITY MANAGER THAT
THE FOUNDATION OF COMMUNITY ASSISTANCE AND
LEADERSHIP, INC., A FLORIDA NOT-FOR-PROFIT
CORPORATION ("FOCAL"), IS THE MOST QUALIFIED FIRM TO
CONTINUE TO PROVIDE AFTER-SCHOOL TUTORING,
COUNSELING, AND COMPUTER EDUCATIONAL SERVICES FOR
AT -RISK YOUTH AT MOORE PARK; AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROGRAMMING PARTNERSHIP
AGREEMENT ("PPA"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY AND BOND COUNSEL, FOR THE CONTRACT PERIOD
COMMENCING OCTOBER 1, 2016 THROUGH SEPTEMBER 30,
2031; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE SERVICE AUTHORIZATION LETTERS AND TO
NEGOTIATE AND TO EXECUTE THE NECESSARY DOCUMENTS,
AMENDMENTS, EXTENSIONS, RENEWALS, AND
MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY AND BOND COUNSEL, TO IMPLEMENT
ACCEPTANCE OF AND COMPLIANCE WITH SAID PPA;
ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED
$94,452.00 FOR FISCAL YEAR 2016-2017 FROM THE PARKS AND
RECREATION GENERAL FUND ACCOUNT NO.
00001.291001.882000.0000.0000, WITH FUTURE FISCAL YEARS
FUNDING SUBJECT TO BUDGETARY APPROVAL.
ENACTMENT NUMBER: R-17-0094
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
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Note for the Record: For additional minutes referencing Item PH.6, please see
"Public Comment Period for Regular Item(s). "
Chair Hardemon: Gentlemen of the Miami City Commission, if you would allow me
to call one item out of order, because I know we have lots of minors here. Item PH 6.
And if l can have the City Attorney read item PH 6 into the -- oh, it's a resolution. But
still, announce PH 6.
Barnaby Min (Deputy City Attorney): PH6 is a resolution of the Miami City
Commission, with attachments, by a four-fifths affirmative vote, after an advertised
public hearing, ratifying, approving and confirming the City Manager's
recommendations of finding, attached and incorporated as Exhibit 'A," that
competitive negotiation methods and procedures are not practicable or advantageous
to the City of Miami pursuant to Section 18-86(A)(3)(C) of the Code of the City of
Miami, Florida, as amended; waiving the requirements for said procedures;
approving the recommendations and finding attached and incorporated as Exhibit
"A" of the City Manager that the Foundation of Community Assistance and
Leadership, Inc., a Florida not -for profit corporation known as FOCAL is the most
qualified firm to continue to provide after-school tutoring, counseling, and computer
educational services. for at -tisk youth at Moore Park; authorizing the City Manager to
execute a programming partnership agreement, in a fonn acceptable to the City
Attorney and bond counsel, for the contract period commencing October 1, 2016
through September 30, 2031; further authorizing the City Manager to execute service
authorization letters and to negotiate and execute the necessary documents,
amendments, extensions, renewals, and modifications, in a form acceptable to the City
Attorney and bond counsel, to implement acceptance of and compliance with said
PPA; allocating funds in an amount not to exceed $94,452 for fiscal year 2016-17
from the Parks and Recreation General Fund Account No.
0001.291001.882000.0000.0000, with future years funding subject to budgetary
approval.
Commissioner Suarez: Move it.
Commissioner Gort: Second.
Chair Hardemon: Been properly moved and seconded to approve item PH 6. You
want to say something, sir?
Kevin Kirwin: Good morning, Mr. Chair and Commissioners. Kevin Kirwin, City of
Miami Park and Recreation director. I just came up to -- if there are any questions,
and I want to thank Mr. Min for reading the (UNINTELLIGIBLE).
Commissioner Gort: He knows when he's ahead. He knows when he's ahead.
Chair Hardemon: I mean, I don't think there's much from the dais that we have to
say, because I think the kids that were here that spoke on behalf of the program did a
tremendous job; actually, very emotional, just watching it, because you could see that
you spoke from the heart. It was nothing that was written down; it was what you felt,•
and the parents that took the time to be here, especially -- we know that our women
are there for our kids, but especially for the men that stepped to the lectern; that when
they came to the lectern, they removed their hats to address this body. I think it just
tells you wonders about how a program like this ajjects everyone; not just the people
who are in the program, such as the children. And, you know, to watch those kids
who grew from five years old to -- one of'them, said 17. I mean, it's -- I don't think
there's a program I've ever been involved in that long inn my life. And so, that has to
mean. something.
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Commissioner Gort: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Gort: I think our parks is the most important instrument that we have
to keep the kids in good -- you keep the kids in the parks and you help them, not only
with activities. We have several programs in Allapattah, which are with the private
sector, also, who will provide -- those kids that have certain talents in art and music,
they can go ahead and get trained in art and music, but at the same time, they make
sure that they do their homework and I think it's an excellent program. Those are the
best programs we could have in our park to help the future of the City.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: Thank you, Mr. Chairman. First of all, I'd like to begin by
thanking all the parents and all the children that actually came and spoke before us.
You actually did a great job, and I think everyone here is mentioning that. You know,
some of the things that I heard is that we don't -- "We want this program to remain
open. We don't want the program to end. Do not remove FOCAL. The program
should not be taken down. " That was a direct quote. And I agree with you. I don't
think it should be taken down. I don't think it should be removed. It was mentioned
with regards to funding, yes, especially now, we have adequate finding. The only
issue I have, that it's a four -fifth, and 1 believe it's a four fifth because it's a no -bid,
and I understand. And I'd be willing to approve it as a four -fifth. My issue is that 1
could see a contract like this no -bid for three years, four years, even five years, but
you're asking this contract to be for 20 -something years. That's where I have an
issue; a no -bid contract for 20 -something years. So if it could make a friendly
amendment, an amendment for you know, the next five years or so, you know, 171 be
definitely voting for it.
Chair Hardemon: I would like to say (UNINTELLIGIBLE). The period is not 20 -
something years. The period is 15 years, which is shorter than the time that the
program has been at that park. The program has been at that park, I believe, for at
least 19 years, providing the service. The program has been supported by the County,
has been supported by the City. It is a program that I use for anti poverty. That's
how some of the kids said they went to Hong Kong, Shanghai, and Beijing. It's a
program that -- the type of program that I've experienced with it is a program where -
- If anyone knows anything about running park programs, they give these kids meals,
prepared meals that they bring in. And the meals that were provided to the kids were
so terrible that the kids, even though they're hungry, would turn them down;
everything from snacks to the dinners. I mean, you're talking ice cold peanut butter
and jelly sandwiches. Were so far beyond that, I think, in providing nutrition to our
children in our community. And this program bore its own cost to hire the young man
that spoke with the cap and the daughter earlier to provide them fresh cooked meals
in the new kitchen that's at Moore Park. Remember, when this program -- I
remember when this program was initially started, the building that they were in
could have been the size of'a double wide trailer, and no one wanted to be at Moore
Park except this program. The --I remember even some of the other programs that
were there, such as the football programs and such, they took the young ladies to sign
up for cheerleaders -- I guess the cheerleader squad -- in the men's restroom, because
that was the only other facility that they had that had a roof over its head, so they
could take in the applications. These kids sat through all of that. These kids -- When
Moore Park received its renovation to be one of the world-class parks that we have in
the City of Miami, it was a struggle for these kids, because, one, they were put into a
trailer; and two, they were threatened with now an influx of programs that were not
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community -borne, but are borne of much larger organizations that were trying to take
its space at those parks. And, you know, that's the heartbreaking part for me. When
you are a community -borne park -- or program -- and you fall victim to the United
Way, or Big Brothers, Big Sisters or the University of Miami, or FIU (Florida
International University), because they have full-time, $70, 000 grant writers, and they
can take that space. I think that what you're seeing in all of our parks --and I know
each of our Commissioners have different programs in different parks that have seen
different things. All of those programs are under attack. And I think that when you
look at programs like this that have such continuity, I think we should encourage
them. And what I'm asking offrom my --front the Commissioners that are with me is
that we don't do this to them every, you know, cycle; every time there's a new political
will; we give them opportunity to serve beyond the political will of the Commissioners
that are here, because I think it's the right thing to do. Commissioner Suarez.
Commissioner Suarez: Thank you, Hr. Chair. First of all, I think we're all inspired
by the kids and the parents that came up and spoke in favor of this program. I think
one of the things that we look at in terms of keeping our children safe is making sure
that they have a safe place to be, particularly after school. And we know that a lot of
the parents in our City can't afford to put kids in private after-school programs, or
have to work until very, very late at night. And so, what it does is -- and I think one of
the young children talked about this -- it does two things. One, it gives them
something productive to do on the positive side; but number two, it also prevents them
from doing things that are negative and provides supervision. 1 mean, 1-- sometimes,
things happen here that are procedural in nature, and so, because there's only four
Commissioners, it has to be a unanimous vote, in other words, for this to happen. So 1
want to be respectful of what you're requesting, but 1 will say this: If you look at the
contract, on page -- it's not paged for whatever reason, but I'll tell you what provision
it is. It's Provision V. " It says, "Termination by either party. " And it says here, "The
parties agree that this agreement may be terminated by either party by written notice
to the other of intent to terminate at least 30 calendar days prior to the effective date
of such termination. " So I don't see the harm in doing a 15 -year agreement --
Commissioner Gort: You can terminate.
Commissioner Suarez: -- because you can terminate it with 30 days' notice, either
party. So I understand, under normal circumstances, if you're going to do a 15 -year
deal, no bid, it would be problematic, but given the fact that you have a 30 -day
termination clause, I think that sort of mitigates whatever, you know, whatever issue
would be from doing such a long-term deal.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes, sir.
Commissioner Carollo: Thank you, Mr. Chairman. And I want to say that -- by the
way, Mr. Chairman, I'm not arguing against anything that you said. I actually -- the
program itself is not the issue; that's not the issue. I do think it should continue. My
issue is, you know, having a no -bid contract for 15 years. And where I misspoke, it's
15 plus the 13 that they ve already been there is 28 years. With that said, Mr. City
Attorney, I want to verify that either party -- even though, it says it's a contract for 15
years, that either party, with written notice, 30 days' written notice can opt out, and
there's no legal ramification.
Mr. Min: That is correct. As Commissioner Suarez was referring to, Paragraph "J"
states that, "The parties" -- which would be either the City or FOCAL -- "may
terminate the agreement upon written notice with at least 30 days" -- "calendar days'
notice. "
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Commissioner Carollo: Okay. So even though it's a contract for 15 years, either
pariy can actually --?
Mr. Min: That is correct, eitherparty; yes, sir.
Commissioner Carollo: Okay.
Chair Hardemon: Thank you very much.
Commissioner Gort: Call the question.
Chair Hardemon: Mr. Clerk, can you --?
Todd B. Hannon (City Clerk): Would you like a roll call, or just vote it up or down?
Chair Hardemon: You could vote it up or down.
Mr. Hannon: Tin sorry, sir?
Chair Hardemon: You could roll call it; that's fine.
Mr. Hannon: Roll call?
Chair Hardemon: Yeah.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The resolution passes, 4-0.
Chair Hardemon: Thank you very much.
Applause
PH.7
RESOLUTION
1789
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
and Mayor
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING,
ATTACHED AND INCORPORATED AS ATTACHMENT "A", THAT
COMPETITIVE NEGOTIATION METHODS AND PROCEDURES
ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO
SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR
SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF
GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF
MIAMI'S ("CITY")ANTI-POVERTY INITIATIVE, IN ATOTAL
AMOUNT NOT TO EXCEED $20,000.00, TO MIAMI LIGHTHOUSE
FOR THE BLIND AND THE VISUALLY IMPAIRED, INC., FOR
EDUCATION ASSISTANCE PROGRAMS; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-17-0104
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City Commission Meeting Minutes March 9, 2017
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Chair Hardemon: PH 7.
Commissioner Gort: You want to hear PH 6? PH 6 be first?
Chair Hardemon: We did that one first. That was the first. That's the FOCAL one.
PH.6 passed. P117.
Barnaby Min (Deputy City Attorney): PH 7 is the Mayor's request for an allocation
of API (Anti -Poverty Initiative), funds to the Miami Lighthouse for the Blind.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Hardemon: Property moved and seconded. Is there anyone from the public
that would like to speak on the item? Seeing none, is there any_farther discussion?
Hearing none, all in favor say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
PH.8
RESOLUTION
1865
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
and Mayor
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING,
ATTACHED AND INCORPORATED AS ATTACHMENT "A", THAT
COMPETITIVE NEGOTIATION METHODS AND PROCEDURES
ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO
SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR
SAID PROCEDURES; AUTHORIZING THE DE -OBLIGATION OF
THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S
SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE IN
THE AMOUNT OF $25,000.00 TO CATHOLIC CHARITIES OF THE
ARCHDIOCESE OF MIAMI, INC.; AUTHORIZING THE ALLOCATION
OF ANTI -POVERTY INITIATIVE FUNDS, IN THE AMOUNT OF
$25,000.00 TO PIERRE TOUSSAINT LEADERSHIP AND LEARNING
CENTER, INC., FOR EDUCATION PROGRAMS; AUTHORIZING
THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, NECESSARY
TO EFFECTUATE THE PROGRAM.
ENACTMENT NUMBER: R-17-0105
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MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Chair Hardemon: PH 8.
Daniel J. Alfonso (City Manager): P118, Mr. Chairman, is also a four-fifths
allocation of API (Anti -Poverty Initiative) fiends for Catholic Charities of the
Archdiocese of Miami, Inc., allocating Anti -Poverty Initiative funds in the amount of
$25, 000 to Pierre Toussaint Leadership and Learning Center.
Commissioner Gort: Move it.
Commissioner Suarez: Second.
Chair Hardemon: Properly moved and seconded. Is there anyone.from the puhlic
that would like to speak on this item? Seeing none, any further discussion? Hearing
none, all in. favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
PH.9
RESOLUTION
1868
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
and Mayor
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING,
ATTACHED AND INCORPORATED AS ATTACHMENT "A", THAT
COMPETITIVE NEGOTIATION METHODS AND PROCEDURES
ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO
SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR
SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF
GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF
MIAMI'S ("CITY")ANTI-POVERTY INITIATIVE, IN ATOTAL
AMOUNT NOT TO EXCEED $15,000.00, TO MIAMI BAYSIDE
FOUNDATION, INC., FOR BUSINESS WORKSHOPS;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-17-0107
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MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Chair Hardemon: PH9.
Daniel J. Alfonso (City Manager): Mr. Chairman, PH9 is another API (Anti -Poverty
Initiative) allocation for $1.5,000 to Miami Bayside Foundation, Inc., for business
workshops. It is from Mayor Regalado's allocation.
Commissioner Gort: Move it.
Commissioner Suarez: Second.
Commissioner Carollo: Second.
Chair Hardemon: Properly moved and seconded. Anyone from the public that'd like
to speak on this item?
Renita Holmes: Madam Holmes again, executive director, Our Homes, Business and
Property Service. Just in the interest of follow-up from the opportunities and which
from the dioceses, we were directed to make connections in regards to special
assistance and business programs for persons with disability, and I just wanted to
know if there is a monitoring or particularly some special or specific effort to ensure
that we are allowed, as persons with disability and entrepreneurs with disability to
get it, because there really is no really cultural -competent workshops that have
addressed this yet, as a whole, and it's been a year now and a couple of other budgets
and allocations since then. And although I've made my efforts to meet with certain
persons in the City management office, you know, that's not my job to continue
meeting with, but it's me seeking a real economic opportunitv to get more advanced
participation and more advanced programs. Not all persons in business with
disability are at the start-up level, and it would help and it would enhance our
opportunities. It would make us more competitive. But with Bayside -- and I know
that they intended and wanted to, and with the directions from the Commissioners, I
would like to see us follow up and access that without me having to work for nothing.
So thank you very much; if you can help us in assuring that we have some ADA
(Americans with Disabilities Act) participation, with those workshops and those
opportunities.
Chair Hardemon: Thank you very much. Is there anyone --
Ms. Holmes: For the record.
Chair Hardemon: -- else that'd like to speak? Is there any further discussion?
Hearing none, all in favor; say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
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PH.10
RESOLUTION
1867
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
and Mayor
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING,
ATTACHED AND INCORPORATED AS ATTACHMENT "A", THAT
COMPETITIVE NEGOTIATION METHODS AND PROCEDURES
ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO
SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR
SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF
GRANT FUNDS FROM THE DISTRICT 4 SHARE OF THE CITY OF
MIAMI'S ANTI -POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT
TO EXCEED $70,000.00, TO CATALYST MIAMI, INC., FOR
PROSPERITY PROGRAMS; AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-17-0106
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Francis Suarez, Commissioner
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Gort, Carollo, Suarez
ABSENT: Russell
Chair Hardemon: PH 10.
Commissioner Suarez. Mr. Chair, I'm going to move PH. 10; it's one of my Povertv
Initiative --
Commissioner Carollo: Second
Commissioner Suarez: -- programs. I'm going to enter my comments into the record
since we're doing so well without speaking too much, so they're all therefor the public
to look at and scrutinize.
Chair Hardemon: Is there anyone from the public that'd like to speak on the item?
Hearing none, any further discussion? Seeing none, all in favor; say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
END OF PUBLIC HEARINGS
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SR - SECOND READING ORDINANCES
SRA
ORDINANCE Second Reading
1173
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Commissioners
CHAPTER 6/ARTICLE II OF THE CODE OF THE CITY OF MIAMI,
Commissioners
FLORIDA, AS AMENDED, ENTITLED "ANIMALS/DOGS",
and Mayor
AND 18-86(C)(1) OF THE CITY CODE REQUIRING THAT ALL
ABSENT:
PROVIDING FOR ADDITIONAL DEFINITIONS, AND
ESTABLISHING A NEW SECTION 6-46, ENTITLED "SALE OR
TRANSFER OF DOGS AND/OR CATS"; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Francis Suarez, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Gort, Carollo, Suarez
ABSENT: Russell
Note for the Record: Item SKI was continued to the April 13, 2017 Regular
Commission Meeting.
SR.2
ORDINANCE Second Reading
1760
AN ORDINANCE OF THE MIAMI CITY COMMISSION, PURSUANT
Commissioners
TO CHAPTER 18, ARTICLE III OF THE CODE OF THE CITY OF
and Mayor
MIAMI, FLORIDA, AS AMENDED, AMENDING SECTION 18-73
AYES:
AND 18-86(C)(1) OF THE CITY CODE REQUIRING THAT ALL
ABSENT:
REQUEST FOR PROPOSALS INVOLVING CITY -OWNED
WATERFRONT PROPERTY AND/OR MAJOR PROJECTS
($500,000.00 OR MORE) BE REVIEWED BY THE OFFICE OF THE
INDEPENDENT AUDITOR GENERAL PRIOR TO GOING TO CITY
COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13667
MOTION TO:
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Frank Carollo, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Chair Hardemon: SR.2.
Commissioner Carollo: Mr. Chairman.
Commissioner Gort: I thought it was deferred.
Chair Hardemon: Yes.
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Commissioner Carollo: SR.2 is something that I brought forward on second reading.
It is having our Auditor General be able to review all major waterfront property and
major projects' RFPs (Requests for Proposals), and the Auditor General is here in
case there's any questions.
Chair Hardemon: Okay. Mr. City Attorney, can you read it into the record, please?
The Ordinance was read by title into the public record by Deputy City Attorney
Burnaby Min.
Chair Hardemon: Is there anyone from the public that'd like to speak on the item?
Renita Holmes: I don't want to take up too much of your time again, but these are
some -- very relevant. I live in a business district, along the waterfront. And again,
as someone who is an entrepreneur, and wanting to know what are we doing with the
.funding, and how can some of us local entrepreneurs, particularly on the dark -hand
side, participate in waterfront development? I believe that is really necessary. And I
just want to throw out there, with these -- and thank you for opening it up, Mr. Chair,
so that we can speak. All around me, I've got nothing but water and waterfronts, and
all around me there are projects going on. And I know that this is Federal, but, you
know, I'm not the average citizen. When it says that Federal funds should allow and
be allocated .for those who are most entitled or those who are most in need to
participate, on the other side of the river, you've got us poor folks; on the other side
of the river, you got other folks. And when you talk about Federal funds and parks
and so forth, that rule from the Federal Government that says that the most needy are
supposed to be able to participate, it's my concern that the allocations, over 250, 000,
according to those rules, has more than the 20 percent that is stipulated that goes
towards administrative, so we're putting a whole lot of money, and we're calling it
poverty, but the administrative parts of that, I'd like to know within those budgets,
which 1 have yet to be able to sunshine, how much of those fundings are utilized to
pay folks that aren't poor or pay other folks that aren't local? And how does that
impact and improve the quality of life along the waterfront? Lastly, as a property
owner and renters association leader, we're not getting any information, but yet,
we're understanding that certain people are being paid to participate, or they're
being given grant monies to participate. So, we on the other side, on the dark side
would like to participate, we'd like to offer funds, we'd like to be investors, but we'd
like to see the benefits of these funds be utilized to improve the qualitv of life of poor
folks in the surrounding area of these waterfront properties, according to the Federal
law and -- 'cause it's fair. I'm actually saying it so much, I concur. Something's
wrong when you spend that much money, and the people immediately living along a
river, or you go cross one part of Overtown, and these -- you got the river on this
side; you go park that side, Biscayne's on the other side, but folks that are intelligent,
you just look poor like me, aren't sitting at the table with the other professionals that
participate in the growth in our neighborhood. I was told when I called that -- by the
Federal Administration and some other agencies, the board just trying to find
information, not necessarily reporting, auditing; that's your job -- that we are entitled
to it. I was told that when some of this money was coming to commingle that it would
be a benefit to me, and I just want to be able to participate in any funded waterfront
projects and property with Federal funds, as I am. told and as it is written, and that
you are overseeing to ensure that Ido. Thank you so much..
Chair Hardemon: Thank you very much.
Ms. Holmes: And for the record, Mr. Clerk, Madam Holmes again; 350 Northwest
4th Street, Our Homes Business and Property Service, Waterfront District.
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Commissioner Carollo: Thank you. With that said, I move the item.
Chair Hardemon: Its been properly moved.
Commissioner Gort: I'll second. Discussion.
Chair Hardemon: Seconded by Commissioner Gort
Commissioner Gort: My question is, the intent of the audit is to see the economic
impact, if it can be improved, or it's the whole RFP?
Commissioner Carollo: Mr. Guba, I think -- if you could answer that? I think it's
from the statement that we had spoke [sic] in ouroffice the other day.
Theodore Guba (City of Miami/Independent Auditor General): About—
Commissioner Gort: My question to you is, you're going to look at the RFP for the
economic impact, and how it can be improved, according to your analysis, or it's the
whole RFP?
Mr. Guba: No, I'm -- what I'm -- I'm looking at it from the -- fbcus from an audit
point of view, because -- you know, first of all, when I look at the RFPs -- you know,
what I plan to do is read the whole RFP, but focus first on the audit requirements,
and, pretty, much, they're generalized. 1 was going to make them more specific,
because we've come up with problems in various lease audits and other audits --
Commissioner Gort: Right.
Mr. Guba: -- with interpretation of the requirements. You know, we -- I think we can
-- like, for a percentage rent audit, I think we can require them to maintain sales tax
returns, Federal tax returns, bank statements, so we can nail down these numbers, but
1-- so the review of the RFP will be that, but also any financial -related information
which sticks out that might need better support or something, we can point that out,
but 1-- but, you know, given the fact that there's some 15 or so RFPs to look at that
could be, you know, I would have to allocate a portion of the audit plan to this, and it
would have to be vett' focused, so that's what the plan is to do initially.
Commissioner Gort: I understand, but my understanding is, you have been doing
audit to all the contracts that we have today, so you have found alreadv certain things
that could be changed in the future, so you have knowledge. When you sit down, and
review an RFP, you suggest certain changes to take place to comply with the
problems that you had in the past so you would not have it in the future.
Mr. Guba: That's --
Commissioner Gort: And I understand it. When it comes to economics, my -- last
time the -- what you presented here was the -- an analysis was done by two different
companies.
Mr. Guba: Yeah. I mean, I'm not -- we have appraisers, and so forth, that do
economic feasibilities and things like that --
Commissioner Carollo: Mr. Chairman.
Mr. Guba: -- if that's what you're --
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Commissioner Carollo: If I may? And you're absolutely right, Commissioner Gort,
and that's what he's going to be doing. The analysis the last time was a direct
request from one of the Commissioners.
Commissioner Gort: Right.
Commissioner Carollo: So that's why he did the analysis.
Commissioner Gort: What I would like to see also to expedite things and not delay it
even more -- because we take so long in putting RFPs out -- that he gets in from the
beginning.
Commissioner Carollo: Yeah.
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez.: Thank you, Mr. Chair. So I think -- and I voted for this on
first -- generally speaking, more scrutiny is better than less, so let's start from that
proposition. I am concerned, because, you know, I did ask the Auditor to review the
last RFP.for its.finaneial terms, and what I was hoping was to get an answer. In
other words, you know, you review the financial -- there's two competing financial
theories -- right? -- in the RFP. One of them is that, "Based on return on investment,
the base minimum rent should be W. "' And the other theory was, `No. Based on what
the bidders said that they would do, it would be `Y. "' And so 1 just wanted to know,
based on independent economic analysis or financial analysis, what is the more
prudent way to go_forward? And that's what I was hoping -- I'm not saying its, not
going to happen, but that's what I was hoping would happen when you analyzed the
last RFP. So I'm just -- Again, more scrutiny is better than less -- I'll start there --
and 1 think that's always a good proposition, but, you know, in the one case where
I've asked the Auditor to get involved, I haven't yet seen the kind of analysis that 1
would like to see. Now --
Mr. Guba: I --
Commissioner Suarez: Let me just finish. The second part is, particularly waterfront
property, has a lot of legal compliance issues. So the question is, are you going to be
analyzing whether we're in legal compliance, or is that something you don't do?
Because I would think, usually, the City Attorney is the one that would make a
determination as to whether or not we're legally in compliance with the RFP and with
its execution.
Mr. Guba: Right. Well, the --your --
Chair Hardemon: Can --before you --
Mr. Guba: -- the request from last time --
Chair Hardemon: Sir --
Mr. Guba: --I was --
Chair Hardemon: -- before you move on, just make sure you announce yourselj'jor
the record, because I don't think you did the last time.
Mr. Guba: Ted Guba, Auditor General jor the City of Miami.
Chair Hardemon: Thank you.
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Mr. Guba: On your fast question, the information that I was analyzing was prepared
by professional appraisers.
Commissioner Suarez: Right.
Mr. Guba: They both used different approaches.
Commissioner Suarez: Right.
Mr. Guba: I presented the information, and it gave greatly different projections --
Commissioner Suarez: Right.
Mr. Guba: -- on what it should be. I'm not qualified to make an opinion as to which
is correct.
Commissioner Suarez: But that's --
Mr. Guba: I'm not --
Commissioner Suarez: Okay.
Mr. Guba: 1 can present the numbers.
Commissioner Suarez: Mr. Chair. But that's my point. My point is this: You
analyzed two different appraisers that usedtwo different approaches. We can do that,
too. 1 mean, 1 can read two different appraisers with two different approaches and
conclude two different things. What I think --what I was hoping that the benefit of an
audit would be, would be that you would be able to give its advice on to which is the
more prudent financial approach, because we can do that. I can do that, too. What
you did, 1 can do. It's not that hard to do, to just take two appraisals, look at them,
say, `Hey, there's two different financial approaches. They spit out two different
numbers. " And I'm not an appraiser, so I'm not qualified to make a decision.
Somebody has to be qualified. I mean, if we're going to get the Auditor involved, I
would think that person needs to be qualified to advise its as to which is the more
prudent financial approach. That's what I thought involving the Auditor in the
process was going to yield That was my thinking on it. And so, you know, last
Commission meeting the Commissioner, rightfully and understandably, said, "You
need a little more time," which is fine. I don't have a problem with giving you more
time, giving you guidance as to what I want, et cetera, et cetera, but at the end of it
all, what I want to know and what I want to see is what is the better financial
approach; that's the reason why you're involved I would think, in the process, and
that's the part that I'm straggling with. I mean, I'll -- listen, it's easy to do. We can
support this. This is an ordinance, and if it doesn't work, we can repeal it, so it's not
a big deal. And, you know, like I said, more scrutiny is better than less, you know,
overall, but I'm just having a little bit of trouble understanding, you know, what the
benefit of this is.
Mr. Guba: Well, like I said, from an audit standpoint, I think it's beneficial that I get
involved to define the audit requirements, and I do want to suggest one change to this
ordinance --
Commissioner Suarez: Okay.
Mr. Guba: -- to include lease agreements that are signed as a result of'the RFP --
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Commissioner Suarez: Okay.
Mr. Guba: -- prior to them being finalized and given to you for approval, because
those --
Commissioner Suarez: Okay.
Mr. Guba: -- are the final requirements, and we've had issues in the past on older
contracts, for instance, on being able to interpret things like transfer fees --
Commissioner Suarez: Right.
Mr. Guba: --and different audit requirements --
Commissioner Suarez: Yeah, yeah.
Mr. Guba: -- calculation of late fees, things like that, so that would be an important
addition to this ordinance, and it would ensure that this stuff gets funneled through my
department. It'll make audits going.forward much more straightforward, from an
auditing standpoint.
Chair Hardemon: May I --
Commissioner Suarez: Yeah, yeah, of course.
Chair Hardemon: -- before you move on? Gentlemen, one of the things -- and
Commissioner Carollo, when 1 read this item, the way that the language is written on
the last sentence of Section 18-86, which states that 'All RFPs involving major
projects must be reviewed by the Office of the Independent Auditor General prior to
going to the City Commission. " Now, there's a few things -- a few -- yeah, a few
things that 1 want to say about it. One, I know that the City Commission has asked for
the RFPs to come before us before they're even put out, so that's something that we
know we get these RFPs, so the language doesn't really specify whether or not he
makes his comments before that time. So that's one of the things. Two, the way that
it's also stated is that it goes to be reviewed by the Once of the Independent Auditor
General, but it doesn't give the specifics about what he's there to do, and I -- and, you
know, there is a value in a CPA (Certified Public Accountant) reviewing the things
that the Auditor General spoke about. So, for instance, I believe that an Auditor
General, if he's involved in the process beforehand, he can look at certain information
and say, "Yes, they need to be required to keep X' receipts, 'Y' receipts, or 'Z'
receipts, " and that would assist him inn his audit.
Commissioner Suarez: That makes some sense, yeah.
Chair Hardemon: And so, it would keep us from saying -- on the back end saying,
"Man, we couldn't" --
Commissioner Suarez: Documentation.
Chair Hardemon: -- "receive the revenue because they perceived it one way, we
perceived it another way, and then the injormation is lost. " So now I think we're
assisting the Auditor General in performing his audit, which makes his office
stronger.
Commissioner Suarez: That makes sense.
Commissioner Carollo: It's happening right now.
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Chair Hardemon: I know. I absolutely believe it. I know it is.
Commissioner Suarez: And that makes sense to me.
Chair Hardemon: So I think that what we should do in this is amend this last
sentence to allow him to participate in the --
Commissioner Suarez: Drafting.
Chair Hardemon: -- if you could contemporaneously with the --
Commissioner Gort: The drafting.
Chair Hardemon: -- drafting of it, so that he can involve his language -- right? -- so
by the time they -- so it doesn't have to go to him afterwards.
Commissioner Suarez: Makes sense to me.
Chair Hardemon: He can say, "Listen, I think" -- `7 recommend that you put these
types of ' requirements . for them . for this type of lease so that we can properly audit
this. "
Commissioner Suarez: That makes sense.
Chair Hardemon: That's first.
Commissioner Gort: Chairman.
Chair Hardemon: Yes.
Commissioner Gort: That's what -- I've read all of his reports, so he's -- he comes out
with certain changes that the -- he believe that should be done to improve the
agreement with the individuals, and I think he's got the experience. He knows, more
or less, what thev are, and that's why he's got to be looking into. That's what he's
going to be -- I mean, you got the experience already. How many audits you've done
and all the contracts that we have? Quite a few of them.
Mr. Guba: Quite a few.
Commissioner Gort: And I read all the opinions you've given us, and you have come
up with some very good suggestions. Well, those suggestions should be incorporated
before itgoes out.
Mr. Guba: Yes.
Commissioner Gort: And I think that should be number one.
Commissioner Carollo: That's my point.
Commissioner Gort: Yeah.
Commissioner Carollo: That's my point.
Chair Hardemon: Right, right.
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Commissioner Carollo: Before we actually, as a whole, take a vote on it. That's my
point.
Chair Hardemon: Right. So what I would recommend is -- if the City Attorney could
capture some type of language that would basically say that the Office of the
Independent Auditor General would be -- would have some consideration, if you will,
in the drafting of the RFP, in relation to his job responsibilities further down the line
for audits. So it -- so that I don't want to have him --
Commissioner Carollo: Ijust don't want to limit him.
Chair Hardemon: Well, I don't -- I'm not trying to -- what I'm saying is this. I don't
want him to get confused and say, "Listen, I'm reviewing everything. " It's taking him
that much more time when I know that the things that are -- that really are important
to nay office are the ability to track receipts, the ability to properly document which
pot of funds everything is being deposited into so we can get the proper numbers.
Commissioner Carollo: Understood, but I still don't want to limit him, because by
Charter, he could look at anything he wants.
Chair Hardemon: Okay. Well, I understand.
Commissioner Carollo: You understand what I'm saying?
Chair Hardemon: Yeah, 1 understand.
Commissioner Carollo: So all I'm saying is, I'm giving -- I guess what this
Commission is doing now, we're giving him guidance and, in essence, we're letting the
Administration know, "Listen, when these RFPs are coming up, you need to contact
our Auditor General and have a communication, " because right now that
communication is not there, and that's why, when we asked him, `Hey, it's a major,
you know, 75 -year lease, 99 year lease. Auditor general, have you seen this? Have
you reviewed this? No. " I'll go a step further -- and this is what Mr. Guba was
saying. He also wants not just in the RFP process, but when the City and whoever the
respondent, whoever wins the contract, before they sign the agreement, he wants to be
able to look through that agreement also to be able to say, "Yes. Okay. If we're
going to require this, I want to be able to make sure that they keep these receipts, or
they have this, or we have this in place so it's easier for me then to audit. " Because
right now, what's happening in certainn lease, it's been very difficult for him to be able
to tie the numbers -- the revenues that they're receiving versus what they're reporting
to the City. So he's --
Commissioner Suarez: I'm cool with that.
Commissioner Carollo: -- having to --
Commissioner Suarez: I'm cool with that. That I'm cool with.
Commissioner Carollo: -- go back and redo everything, which does take a lot of'time,
and so for -- to see --
Commissioner Suarez. I'm good with that.
Commissioner Carollo: -- ij' we are properly receiving the revenues that was
promised in the contract.
Commissioner Suarez: I'm good with that. I'm good with that. That makes sense.
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Commissioner Carollo: Yeah. So that's actually what we're doing.
Chair Hardemon: So with regard to the language then, would you want to have him
say, like -- would you like to keep it like it is, as it's saying, "Reviewed by the Office
of the Independent General prior to going to City Commission, or do you want it to
be, he's involved with the drafting of the RFP?
Commissioner Carollo: I don't have an issue with it. I could keep it just as it is, with
the intent of knowing that that's what he's going to be doing. And more than anything,
for the Administration to know, "Listen, contact our Auditor General, make sure that,
you know, there's communication so that, you know, before it comes to Commission,
we're squared away. " And in the . future, when there's something that he needs to
audit, he -- you know, the information is there, stipulated in a way -- and, you know,
working with City Attorney's Office -- to make his job easier, and not only make his
job easier, but make his job effective, and that's what we're trying to do.
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: Look, I agree with that. I think you both sort of hit the nail on
the head as to what I think the benefit could be, without a doubt, because it's really
more of agoing -forward benefit. When you look back, we want to make sure that you
have all the -- that the -- whatever we're obligating ourselves to. When you're looking
at it, and analvzing it to make sure people are following our leases, our rules, our
laws, that there is clear clarity in terms of the job that you have to do; that, a hundred
percent agree. The frustration, I guess, I have is maybe a little different, and maybe
you're not the right person to analyze it, and maybe that's the problem, which is that
it'd be nice if this Commission had an independent financial analysis of, you know,
things that are going out, and 1-- maybe that's why 1 thought you could do that, and
maybe you're not the right person to do it; I don't know. So I don't know if some -- it
could be someone in your office or what, but I think, you know, we, in an effort to
want to do the right thing, and in an effort to want to get to the bottom of things,
sometimes want an independent financial analysis of certain things, and so I was
under the impression that was something that you could do. And, you know, I just -- I
mean, anybody can read two appraisals and say, "They're two different approaches,
they're two different numbers, and it is what it is. " My hope was to -- somebody to
give me an analvsis and say, "This is what we should do. " In other words, "This
approach is right. This approach is wrong. We need a blended approach, for
whatever reason, " whatever the reason is, so that when we make a decision, as we're
sitting here -- we're talking about long-term decisions, you know, and what we don't
want is people retrading these deals six months, a year, two years down the road.
And so, you know, that's it. I'm off my soapbox. We'll talk about it more, you and I,
offline.
Chair Hardemon: Mr. City Clerk, is there a motion on the floor?
Commissioner Suarez: Yeah, I think so.
Commissioner Carollo: Yes.
Todd B. Hannon (City, Clerk): Yes, sir. It's moved by Commissioner Carollo, with a
second by Commissioner Gort.
Chair Hardemon: And that's to move it as is. So is there any further discussion?
Commissioner Carollo: Yes, Mr. --
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Chair Hardemon: Yes.
Commissioner Carollo: -- Chairman, if you will indulge me in doing the amendment
that -- saying that, also, at the time before the agreement is actually signed. So after
the RFP process has been done, what now stands is the agreement. So I want him to
be able to review it, because that's actually extremely important, because that's
where, you know, everything is written out, what needs to be -- happen and so forth,
so -- and discussing with our Auditor General, he said, "Commissioner, that's
extremely important, because that's exactly when, you know, the documents get signed
and that -- when you have a binding contract.
Commissioner Suarez: Fine with that.
Chair Hardemon: There's no objection to that. from --
Commissioner Suarez: No objection.
Chair Hardemon: -- the seconder. I'm sure our City Attorney will adopt that
language.
Mr. Min: So just to be clear, then it would be all RFPs are made to projects prior to
City Commission and prior to award.
Commissioner Carollo: Well, no. No. One thing is the RFP prior to City
Commission. Once it goes to --
Mr. Min: Right.
Commissioner Carollo: -- City Commission -- let's say City Commission approves it,
then the Cin, Attorney drafts an agreement --
Mr. Min: Or after award, but prior to execution.
Commissioner Carollo: Right, prior to executionn of the written agreement.
Mr. Min: Thank you, sir.
Mr. Guba: Maybe you could just add a requirement that `All requests for proposals
and lease agreements involving City -owned property be reviewed by the Once. " Just
adding --
Chair Hardemon: We'll have the City Attorney draft the exact language --
Commissioner Carollo: Yes.
Chair Hardemon: -- but I think he gets the point.
Mr. Guba: Okay.
Chair Hardemon: Is there anyone from the public that'd like to speak on this item?
Seeing none, all in favor of the item, say "aye. "
Commissioner Carollo: It's --
Mr. Min: Roll call.
Commissioner Carollo: --ordinance.
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Chair Hardemon: Oh, it's ordinance, yeah. I'm sorry. Roll call.
Mr. Hannon: Roll call on item SR.2.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading, 4-0.
SR.3
ORDINANCE Second Reading
1812
AN ORDINANCE OF THE MIAMI CITY COMMISSION
Commissioners
DESIGNATING A PORTION OF THE CITY OF MIAMI ("CITY") AS A
and Mayor
"CLEAN ZONE" WHICH WILL PROVIDE FOR THE SAFE AND
AYES:
ORDERLY USE OF CITY STREETS AND SIDEWALKS BY
ABSENT:
SIDEWALK VENDORS, PEDDLERS, STREET TICKET SELLERS,
AND PEDESTRIANS DURING THE 2017 MAJOR LEAGUE
BASEBALL ALL-STAR GAME IN THE CLEAN ZONES;
ESTABLISHING TERMS AND CONDITIONS FOR THE 2017
MAJOR LEAGUE BASEBALL ALL-STAR VENDOR PROGRAM IN
ORDER TO REGULATE COMMERCIAL ACTIVITIES DURING THE
2017 MAJOR LEAGUE BASEBALL ALL-STAR GAME IN THE
CLEAN ZONES BEGINNING AT 12:01 A.M. ON WEDNESDAY,
JULY 5, 2017 AND ENDING AT 11:59 P.M. ON WEDNESDAY,
JULY 12, 2017; FURTHER PROHIBITING THE SALE, OFFER FOR
SALE, OR DISTRIBUTION OF COUNTERFEIT GOODS, WARES,
AND MERCHANDISE OF MAJOR LEAGUE BASEBALL
MERCHANDISE IN THE CLEAN ZONES BEGINNING AT 12:01
A.M. ON WEDNESDAY, JULY 5, 2017 AND ENDING AT 11:59 P.M.
ON WEDNESDAY, JULY 12,2017; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
ENACTMENT NUMBER: 13668
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Chair Hardemon: SR.3.
Todd B. Hannon (City Clerk): As amended.
Commissioner Carollo: As amended. Mr. Chairman, SR.3 is the Clean Zone; we
discussed it. The last time, I think that there were some changes, as per what
Commissioners requested. And as you know, the City of'Miami will be hosting the
2017 Major League Baseball All-Star Game. In an ejj"ort to meet MLB's (Major
League Baseball) requirement, we need to pass this Clean Zone. They actually
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required it as a safety measure for our residents and visitors traveling to these major
events. So with that said, I move the item.
Commissioner Gort: Second.
Chair Hardemon: It's been properly moved and seconded. Is there anyone from the
public that'd like to speak on this item? You're recognized, ma'am.
Brenda Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. I just still stating
the same facts of our neighbors and myself of the fireworks at the Marlins. Every time
there is a game, those fireworks are really loud. I have several neighbors, which I
hope that they will be able to get some day off one of these Commission meetings and
be able to be here present, because we have an issue. I understand that there are
games; that they want to celebrate, whatever it is, after the game, but it's really loud.
Last night it was for -- over five minutes, it was rumbling. I live in 6th Street, on the
Southwest 6th Street. Inside my house, with the TV (television) on, I can still hear it.
So when their neighbor, who live a block in front, across, complains to its, I can see
that it's really a disturbing, especially when you have a child. I don't know what is the
agreement with the City is or the County or with whom, but these fireworks every
game at 10 p.m. is really disturbing. You are doing this, and I hope that this make
money.for the City, creates jobs, but you have to think of the every -day resident who
has to deal with this; not just the parking, but the fireworks. They're really loud. I
don't know how you guys had the agreement. 1 know that some of you might not even
hear it; don't even know, but 1 live, literally, almost 20 blocks away -- seven, eight --
almost 15 blocks away. And if you inside your house with your TV on can hear it,
please consider those neighbors around the Miami Marlins Stadium. Nobody, 1 don't
know think, that is against to do the games, because it provides not just profit for the
City, but for those employees. But you have to think about those who live there every
day. Thankyou.
Chair Hardemon: Thank you veru much. I'll close the public comment. You know, I
never thought about that. You know, I know we give them the ability to have the
fireworks display. 1 know we have that in the agreement; it allows that we waive the
requirement in the Ciiv to allow them to have those fireworks, but maybe
(UNINTELLIGIBLE) create some sort of limitation, so instead of 5 minutes, it's, you
know, 45 seconds; or something like that. (UNINTELLIGIBLE).
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Carollo: I'm not sure what went onn last night. I could tell you this,
that during the regular season, they have -- I think it's either Friday night or Saturday
night, and I think they follow the Code of the City of Miami with regards to fireworks.
Chair Hardemon: Okay.
Commissioner Carollo: Because in the past, when they've wanted additional -- or
passing a certain time, they've had to come before the City Commission. And I'll yield
to the Mayor, if he wants to speak on that, but it's not after every game. I believe it's
only -- either Friday night or Saturday night; you know, my memory -- so --
Chair Hardemon: Mr. Mayor.
Mayor Tomas Regalado: No. Just -- Commissioner's right; it's once a week during
the regular season, but I'm here to support the second reading of the ordinance,
because that was part of the application. The reason that Miami was granted the All -
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Star Games is because there was a very, very complete application, and the Clean
Zone was one of the box that we have to check; of course, also with the support of the
City for the different events. So this is important, so we can finalize the process to
move forward with the All-Star Games that is happening in July.
Chair Hardemon: Thank you, Mr. Mayor. So I'm sure that's something we can look
into. I mean -- and see if it's -- if there is an issue. Maybe they're doing things a little
different; maybe they're not. We don't know. But J could understand how fireworks
(UNINTELLIGIBLE).
Commissioner Carollo: And even then, that issue is separate from --
Chair Hardemon: It is a separate issue. That is correct.
Commissioner Carollo: -- what we have in. front of us.
Chair Hardemon: -- exactly. It is very separate issue. Is there any other discussion?
Seeing none, all in -- Well, I'll allow you to read the --
Todd B. Hannon (City Clerk): Actually, we'll have the City Attorney to read the title
into the record.
The Ordinance was read by title into the public record by Assistant City Attorney
Juan Perez.
Mr. Hannon: Roll call on item SR. 3.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading, 4-0.
END OF SECOND READING ORDINANCES
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RE - RESOLUTIONS
REA
RESOLUTION
1737
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Grants
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Administration
SUBMIT AN APPLICATION, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR REIMBURSEMENT GRANT FUNDING TO
THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND")
WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO
EXCEED $1,000,000.00, FOR THE SEYBOLD CANAL AND
WAGNER CREEK DREDGING AND ENVIRONMENTAL CLEAN-UP
PROJECT ("PROJECT"); FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE SUBMISSION OF SAID GRANT
APPLICATION, THE EXECUTION OF GRANT OR DEED
AGREEMENTS AND AMENDMENTS, MODIFICATIONS, AND
EXTENSIONS THERETO, AND THE ACCEPTANCE OF GRANT
FUNDS IN THE EVENT OF AN AWARD OF THE GRANT FOR
FISCAL YEAR 2017-2018.
ENACTMENT NUMBER: R-17-0097
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Francis Suarez, Commissioner
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Gort, Carollo
ABSENT: Russell, Suarez
Note for the Record. For additional minutes referencing Item RE.], please see
"Public Comment Period for Regular Item(s). "
Chair Hardemon: RE.].
Lillian Blondet (Director): Good morning. Lillian Blondet,Office of Grants
Administration. RE.] is a resolution, again applying for a FIND (Florida Inland
Navigation District) grant. This one is for the cleanup of the Seybold Canal and the
Wagner Creek. It's for a million dollars, and it's dredging and environmental clean-
up project.
Commissioner Carollo: Move it.
Commissioner Gort: Second.
Chair Hardemon: It's been properly moved and seconded. Is there anyone from the
public that'd like to speak on the item? Seeing none, any further discussion? All in
favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
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RE.2 RESOLUTION
1738 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Grants ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Administration SUBMIT AN APPLICATION, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR REIMBURSEMENT GRANT FUNDING TO
THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND")
WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO
EXCEED $552,309.00, FOR THE CONSTRUCTION OF THE
SEAWALL AND KAYAK LAUNCH AT SPRING GARDEN PARK
("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION
OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR
DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS,
AND EXTENSIONS THERETO, AND THE ACCEPTANCE OF
GRANT FUNDS IN THE EVENT OF AN AWARD OF THE GRANT
FOR FISCAL YEAR 2017-2018.
ENACTMENT NUMBER: R-17-0098
MOTION TO: Adopt
RESULT: ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Note for the Record: For additional minutes referencing Item RE.2, please see
"Public Comment Period for Regular Item(s). "
Chair Hardemon: RE.2.
Lillian Blondet (Director, Grants Administration): RE.2 is a FIND (Florida Inland
Navigation District) application for the construction of the seawall and kayak launch
at Spring Garden Park. Again, this is a phase two project. The application is for a
little bit over $550, 000, with FIND giving us the --
Commissioner Gort: Move it.
Ms. Blondet: -- we're hoping (UNINTELLIGIBLE).
Commissioner Carollo: Second.
Chair Hardemon: Been properly moved and seconded to accept RE.2. Is there
anyone from the public that'd like to speak on the item? Seeing none, is there any
further discussion from the dais? Hearing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Against? Motion passes.
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RE.3
RESOLUTION
1739
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Grants
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Administration
SUBMIT AN APPLICATION, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR REIMBURSEMENT GRANT FUNDING TO
THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND")
WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO
EXCEED $1,230,869.00, FOR THE CONSTRUCTION OF THE
SEAWALL, DOCK, AND KAYAK LAUNCH AT THE VIRGINIA KEY
NATURE CENTER ("PROJECT"); FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE SUBMISSION OF SAID GRANT
APPLICATION, THE EXECUTION OF GRANT OR DEED
AGREEMENTS AND AMENDMENTS, MODIFICATIONS, AND
EXTENSIONS THERETO, AND THE ACCEPTANCE OF GRANT
FUNDS IN THE EVENT OF AN AWARD OF THE GRANT FOR
FISCAL YEAR 2017-2018.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Francis Suarez, Commissioner
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Carollo, Suarez
NAYS: Gort
ABSENT: Russell
Note for the Record: Item RE.3 was deferred to the March 23, 2017 Planning and
Zoning Commission Meeting.
Note for the Record: For additional minutes referencing Item RE.3, please see
"Public Comment Period for Regular Item(s). "
Chair Hardemon: RE.3.
Lillian Blondet (Director, Grants Administration): RE.3 is a FIND (Florida Inland
Navigation District) application for the construction of the seawall dock and kayak
launch at Virginia Key Nature Center. It's for $1.2 million. This is an application
that was submitted last year; we came to Commission. We missed one day on the
permitting matter of this one, so we had to come back, because FIND could not give
us a contract to move forward.
Commissioner Suarez: Mr. Chairman.
Commissioner Gort: It is a flex park.
Chair Hardemon: You're recognized.
Commissioner Suarez: Yeah. I'm just -- you know, I spoke to Mr. Weintraub [sic].
I'm just a little concerned about the letter that was put on the record by Ms. Solares
regarding the input of the Virginia Key Oversight Board. My understanding is, a
grant doesn't need to be applied for until the end of this month, so we have one more
Commission meeting, and the Commissioner from the district is also not here. So I
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just want -- I know -- he's of the opinion that they have been consulted, so I wanted
him to put that on the record, because, again, I don't want -- what I don't want is to
give the impression that we are bypassing this board which was created for the
purpose of getting input on issues like this.
Commissioner Carollo: Mr. Chair.
Chair Hardemon: Yes.
Commissioner Carollo: And I concur with that. I was going to mention that this was
the item that Ms. Solares came and spoke about, so I concur with that, and I would
want to seek a deferral on -- at least until the next meeting. And as long as -- and I
want to verify that time won't be an issue if we defer it two weeks.
Commissioner Suarez: And let me just say -- I do want Mr. Weintraub [sic] to --
because he expressed to me -- and this is important, because he's a person of
integrity, and I respect his perspective immensely, and he's of the opinion that they
were consulted, so I just don't want to give the impression or leave the impression
out there that they were not. I want to give him his time to give out his perspective,
and then we can defer it, have the district Commissioner come; we can, you know,
maybe consult with him a little bit more and move on, hopefully.
Robert Weinreb (Project Manager; T, Capital Improvements and Transportation
Program): Yes, Commissioner, there is time to defer this, if you want; there's no
problem with that, but I do want to put on the record that this had come up before
the committee. We were still working on the plans, and the plans are for a seawall
that's failing, for a dock that's unsafe, and for a renewed area for kayak launches, so
those are the parts of the plan. There was a question during that committee meeting
about fixed dock, floating dock; and Spencer Crowley, our FIND Commissioner who
sits on that board, did make a recommendation for a floating dock, and that was the
gist of the meeting. So we can defer this and move this at the next meeting. The
issue, really, is that the project will improve the site considerably, and right now it's
polluting the site, because the seawall has holes in it; and we, unfortunately, got our
second permit one day late and lost the FIND grant the previous year, so this is the
project. It's a Citv park. Jimbo gave it back to the City, asking that it become a
park. The Parks Department has taken it over. And if you want, we will re -- go
back to the committee again and discuss this with them.
Chair Hardemon: And can you state your name for the record, too, sir? Can you
state your name for the record?
Mr. Weinreb: Oh. Robert Weinreb, with the City ofMiami.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Commissioner Gort, then Commissioner Carollo.
Commissioner Gort: I'll tell you why. For some reason, they don't want it, I
welcome that grant that -- transfer over to the side of the river (UNINTELLIGIBLE)
on my, district. I'll be more than glad to work with you on. that.
Chair Hardemon: You're recognized.
Commissioner Carollo: Thank you. Yes. I mean., when. I read it, I thought it was a
no-brainer, but, you know, I think maybe, you know, if we wait two weeks, ij' it
doesn't hurt anything, let's see if we reach consensus. With that said, the last time
you said that we were late by a day, what permit was it?
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Mr. Weinreb: The Army Corps of Engineer permit.
Commissioner Carollo: Got you.
Mr. Weinreb: We had gotten the Florida Department of Environmental Protection
permit, and kept asking and hoping, and we missed by one day, and that negated its
having the opportunity to get the grant.
Commissioner Carollo: Understood Thank you. And thank you for the work you
do, Mr. Weinreb.
Chair Hardemon: So is there a motion to defer RE.3 to the next meeting?
Commissioner Carollo: Move it to --
Commissioner Suarez: Moved.
Commissioner Carollo: -- next meeting.
Commissioner Suarez: Yes, I moved.
Peter Ehrlich: Is there a public hearing?
Chair Hardemon: No, because we're just simply doing a deferral, so we're going to
defer it, and then the next hearing we'll have the public comment about it.
Commissioner Suarez: Move it.
Chair Hardemon: We'll have additional public comment, actually. Okay. Has been
properly moved by Commissioner Suarez --
Commissioner Carollo: I'll second it.
Chair Hardemon: --seconded by Commissioner Carollo. All in favor say "ave. "
Commissioner Suarez: Ave.
Commissioner Gort No.
Commissioner Carollo: To the next Commission meeting.
Todd B. Hannon (City Clerk): Yes, sir. That'll be March 23.
Commissioner Carollo: Yes.
Chair Hardemon: The motion does pass.
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REA
RESOLUTION
1752
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Capital
ATTACHMENT(S), ACCEPTING THE BID RECEIVED NOVEMBER
Improvements
3, 2016, PURSUANT TO INVITATION TO BID ("ITB") NO. 15-16-
029, FROM MAGGOLC, INC. ("MAGGOLC), THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE
CONSTRUCTION SERVICES FOR THE BIRD AVENUE ROADWAY
IMPROVEMENTS - DISTRICT 2 PROJECT, IN THE AMOUNT OF
$1,468,493.90 FOR THE SCOPE OF WORK PLUS A TEN
PERCENT (10%) OWNER CONTINGENCY AMOUNT OF
$146,849.39 FOR A TOTAL NOT TO EXCEED AWARD VALUE OF
$1,615,343.29; ALLOCATING FUNDS FROM OFFICE OF CAPITAL
IMPROVEMENTS PROJECT NO. B-30628; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NEGOTIATED AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND
ATTACHMENTS, AND TO NEGOTIATE AND EXECUTE ANY
SUBSEQUENT DOCUMENTS, INCLUDING ANY AMENDMENTS,
EXTENSIONS AND MODIFICATIONS TO THE AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE
NECESSARY FOR SAID PURPOSE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Francis Suarez, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Gort, Carollo, Suarez
ABSENT: Russell
Note for the Record. Item RE.4 was deferred to the March 23, 2017 Planning and
Zoning Commission Meeting.
RE.5
RESOLUTION
1753
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Capital
ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED
Improvements
FEBRUARY 24, 2016, PURSUANT TO REQUEST FOR
QUALIFICATIONS NO. 14-15-037, FROM LEO A. DALY COMPANY,
TO PROVIDE PROFESSIONAL ARCHITECTURAL AND
ENGINEERING SERVICES FOR THE SHENANDOAH PARK AND
NEW SWIMMING POOL FACILITY, PROJECT B-40563, FOR THE
OFFICE OF CAPITAL IMPROVEMENTS ("OCI"); ALLOCATING
FUNDS FROM OCI PROJECT NO. B-40563, SUBJECT TO THE
AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE
TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND
EXECUTE ANY SUBSEQUENT DOCUMENTS, INCLUDING ANY
AMENDMENTS, EXTENSIONS AND MODIFICATIONS TO THE
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-17-0099
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MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Carollo, Suarez
ABSENT:
Russell. Gort
Chair Hardemon: Call the March 9, 2017 meeting back into order. We left off where
we have up for consideration now RE. S.
Commissioner Suarez: So moved
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded that we accept RE. S
Commissioner Suarez: Quick discussion, Mr. Chair.
Chair Hardemon: You're recognized.
Commissioner Suarez: It's just for the record --,for clarity on the record, this is just
accepting a proposal to begin the design for the pool at Shenandoah. This is
budgeted. And its a process of rebuilding the pool, which has also been budgeted.
Chair Hardemon: Is there any further discussion from the board? Is there anyone
else from the committee that -- I mean, from the community that would like to speak
on this?
Brenda Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. Just a question.
This is for -- these plans are still coming to our association -- right? --
Commissioner Suarez: Yes.
Ms. Betancourt: -- when they are going to be --
Commissioner Suarez: Yes.
Brenda Betancourt: -- changed, right?
Commissioner Suarez: Yep.
Brenda Betancourt: Because, believe it or not, I was having a couple of my friends
out there. The kids go to the pool, and they were asking me yesterday about if those
plans has been already approved, or we are going to be able to put the input, but I
wasn't a hundred percent sure.
Commissioner Suarez: Jeovannv's behind you, and he's nodding, `yes. " I think this
is to hire the person who's going to make the designs, but part of the design process is
meeting with the community to come up with the design, correct? Okay.
Chair Hardemon: Is there any other comment from a member of'the public? Seeing
none, all in favor of the item, say aye.
The Commission (Collectively): Aye.
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Chair Hardemon: All against? Motion passes.
RE.6
RESOLUTION
1480
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
City Manager's
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Office
EXECUTE THE THIRD AMENDMENT TO THE SETTLEMENT
AYES:
AGREEMENT BETWEEN THE CITY OF MIAMI AND CLEAR
ABSENT:
CHANNEL OUTDOOR, INC., IN SUBSTANTIALLY THE ATTACHED
FORM.
ENACTMENT NUMBER: R-17-0100
MOTION TO:
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Francis Suarez, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Note for the Record: For additional minutes referencing Item RE. 6, please see
"Public Comment Period for Regular Item(s). "
Commissioner Suarez: RE.9?
Chair Hardemon: We can probably go to RE.6, since we have everyone here now.
Let's take care of that. RE.6.
Julia Cerrato (Assistant City Manager): Good afternoon., Commissioners. Julia
Cerrato, with the City Manager's Office. RE.6 is the third amendment to the
settlement agreement with Clear Channel Outdoor. Ultimately, what we're doing
here is, there will be 12 structures that will be coming down in exchange for three
LED (light -emitting diodes) panels. Additionally, we have added criteria for
relocation that previously was not part of the agreements. In other words, what we
had in the Code didn't apply to anything that was previously approved with the
settlement agreements. As a result, we have some more specific criteria in there, as
far as a certain radius in certain areas, the gateways, and the like. In addition to this,
there is a larger NEA (Neighborhood Enhancement Account) payment. There's an
additional $10,000 now to the Neighborhood Enhancement Account that is part of a
program that Clear Channel has to basically, you know, reinvest into the community.
Any questions?
Commissioner Suarez: Yeah. Mr. Chair, if'I may?
Chair Hardemon: Yes.
Commissioner Suarez: So one of 'the ones that's coming downn is one in my district.
Mrs. Cerrato: Yes.
Commissioner Suarez: And, you know, one of the problems -- I was going to askfor a
deferral on this. But one of ' the problems that I have is that there is no time limit for
them to bring it down, and I wanted it to be "immediately " they're bringing down the
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one in my district, and so I don't -- I mean, you had indicated to ouroffice that they
would be willing to accept --
Ms. Cerrato: Yes.
Commissioner Suarez: -- 90 days to bring it down.
Ms. Cerrato: Correct, and we can add that.
Commissioner Suarez: So just for the record, in my particular district, there's one
board that is coming down.
Ms. Cerrato: Yes, sir.
Commissioner Suarez: Okay. On the -- that's already -- and it's specified in the
agreement.
Ms. Cerrato: We can amend the agreement, if --
Commissioner Suarez: Yeah.
Ms. Cerrato: -- the 90 days is specified.
Commissioner Suarez: That's fine.
Chair Hardemon: Is there anyone from the public that'd like to speak on the item?
You're recognized, sir.
Peter Ehrlich: Good afternoon, Mr. Chairman, Commissioners. I'm distributing to
you a handout. It's about 25, 26 pages. It includes -- Oh, my name is Peter Ehrlich.
My address is 720 Northeast 69th Street. And there's a letter from me, and also a
memorandum from the Miami -Dade County Attorney. ]think the four of you are in a
wonderful position today, where you get to vote "no "against LED billboards. They're
considered to be illegal under the Sign Code of Miami -Dade County. I've included
the legal memorandum from the County Attorney and also copy of the Miami -Dade
Sign Code, and also another letter from the Miami -Dade County Attorney to Barbara
Bisno, which references the same item. LED billboards are extremety distracting.
They're extremely unattractive. They're considered visual pollution. And it doesn't
matter if Clear Channel takes down 40 nonperforming billboards that people don't
see or 400; these three LED billboards are incredibly distracting, incredibly bright,
and I hope at least three of'you will vote "no" on the LED billboards. Thank you very
much.
Chair Hardemon: Thank you, sir. Is there anyone else that'd like to speak on the
item?
Brenda Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. Yes. I used to
live in downtown Miami, and the Miami Arena have those LED signage; that they're
really disturbing, so we hope that you guys see it the same way when you people
driving I-95 and not paying attention, trying to read a sign. I know the City will get
some benefit out of it, but -- that we actually -- the citizen will get any benefit out of
that, like not having those signs in the middle of the driving pattern? Thank you.
Chair Hardemon: Anyone else? Seeing none, any discussion?
Commissioner Gort: What was the motion?
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Chair Hardemon: There's no motion yet. We're looking at RE. 6, the amendment to
Clear Channel agreement.
Commissioner Suarez: Listen, I'll move it, because they're taking down what I think is
an LED billboard in my district that's coming down, so I'm -- what I'm doing is in line
with what you're asking for; so I'll move it.
Commissioner Gort: Second.
Chair Hardemon: Property moved and seconded. Is there any further discussion?
Seeing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Todd B. Hannon (City Clerk): And for the record, Ms. Hernandez -- or Ms. Cerrato,
is the item being amended?
Ms. Cerrato: Yes.
Commissioner Gort: Yes.
Mr. Hannon: Okay. As amended.
Ms. Cerrato: To include the 90 days.
Commissioner Suarez: Thank you.
Ms. Cerrato: Thank you.
REJ
RESOLUTION
1580
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING
Commissioners
COMCAST CABLE TO INTRODUCE IMPROVED SENIOR
DISCOUNT OPPORTUNITIES FOR CABLE TELEVISION AND
and Mayor
HIGH-SPEED INTERNET, WHILE PRESERVING THE LEGACY
SENIOR DISCOUNT PACKAGE FOR EXISTING CUSTOMERS;
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO NEIL SMIT, PRESIDENT AND CHIEF
EXECUTIVE OFFICER OF COMCAST CABLE.
MOTION TO: Withdraw by Sponsor
RESULT: WITHDRAWN BY SPONSOR
Note for the Record: For additional minutes referencing Item RE. 7, please see
"Public Comment Period for Regular Item(s). "
Chair Hardemon: Let's do RE. 7.
Commissioner Suarez. Mr. Chair, I'm going to withdraw RE. 7, but I just wanted to
read something into the record, if'I can get my paperwork straight here. There's
things falling out.
Commissioner Carolto: Mr. Chair.
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Chair Hardemon: Yes.
Commissioner Carollo: Yeah. I mean, I don't think it's a bad idea even to pass a
resolution, but my experience -- I've been trying for over three, four years, and its,
very difficult, very difficult, but, you know.
Commissioner Suarez: Yeah. I think my --
Commissioner Carollo: I think our intent is there, and like I said, I've been trying for
three or four years. As a matter of fact, one of the board members in Bayfront Park
Management Trust is the former -- I forgot what was her title, but she was pretty high
up there in Comcast.
Commissioner Suarez: Jeanie.
Commissioner Carollo: Jeanie, Jeanie Hernandez.
Commissioner Suarez: She's really good. She's really good.
Commissioner Carollo: And again, we've been trying for years and it just -- it hasn't
happened.
Commissioner Suarez: So I'm going to withdraw it, but the reason why I'm
withdrawing it is because, to their credit., you know, I -- In the past, we've had this
issue. This is not like a first-time issue, and so like the Commissioner said, I had
someone that 1 felt really comfortable working with, and I've been working with them
very well, and 1 couldn't get to the same place where 1 was getting to, so I wanted to
put this on the agenda. To their credit, they came to its, to my office, and they
highlighted a variety of things that they are doing in -- you know, in conjunction with
-- some of them in my district; some of them citywide. One of them is an expanded
Digital Literacy Training and Inclusion Program, where they're going to finance 25
to 30 free computer courses, to be delivered at E -Senior Technology Centers and E -
Parks convenient to senior citizens, including, but not limited to, Coral Gate and
other parks. So that's one of the ones in District 4. Why are you looked at me with
that face?
Commissioner Carollo: Because, I mean, it's very much appreciated, but that's not
what we really need or what the residents really need.
Commissioner Suarez: What do you mean? Free computer services?
Commissioner Carollo: No, I'm not saying that. I'm saving with regards to cable and
Comcast. I mean, what they're complaining --
Commissioner Suarez: Oh, no, about the -- no, I get what you're saying. I -- no, I get
what you're saying. This is not -- this doesn't --
Commissioner Carollo: Right.
Commissioner Suarez: -- this does not solve the problem.
Commissioner Carollo: And that's what I'm saying. You know, I appreciate this.
Commissioner Suarez: Well, I'm going there. I'm going there, though. So the other
one is ajjbrdable internet service, which is -- part of their commitment is narrowing
the digital divide. And again, this is -- you know, goes to the same issue that you're
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saying. The other one was affordable cable TV (television) for the -- they have a deal
with HUD (Department of Housing and Urban Development), and so I think one --
part of the issue is -- and some of the residents don't live in HUD buildings. A lot of
our residents don't live in HUD buildings.
Commissioner Carollo: Exactly.
Commissioner Suarez: And a lot of them, let's say -- because we're talking about the
Marlins before -- watch Marlins games, for example. And so, what I wanted to see,
maybe they could do like a package or something, something like that. And so that --
you know, I'm willing to withdraw it based on some of the things that thev are doing,
but, you know, I mean, if -- we can keep trying to get them to do more. I don't have a
problem with that.
Commissioner Carollo: Okay. Do we need a motion to withdraw or --?
Chair Hardemon: No, no.
Commissioner Carollo: I don't think so.
Todd B. Hannon (Ciiv Clerk): Commissioner Suarez is the sponsor of this item?
Commissioner Suarez: Yeah, 1 am.
Commissioner Carollo: I believe so.
Mr. Hannon: Then you can summarily withdraw it.
Commissioner Suarez: Okav, I'll just withdraw it.
Chair Hardemon: Okay.
Commissioner Gort: Mr. Chair.
Chair Hardemon: You're recognized, sir.
Commissioner Gort: Let me ask a question. We -- this is geared up to senior citizens;
that they alreadv receiving a lot of the benefits from the County and from the City, so
that list should be very easy to put a package together for those people.
Commissioner Suarez: I mean, I think so too.
Commissioner Gort: I mean --
Commissioner Carollo: We've tried, Commissioner. Some of the feedbacks -- and
again, we've made contact again, but we're going back at least two or three years. So
they said that,, "We'll do a certain package for a building. However, everybody has to
buy in." So everybody from that building has to buy in, and it just made it very
difficult, but,, you know, again, we've reached out again, and I spoke to Jeanie
Hernandez about it, but we'll see.
Commissioner Gort: But mainly, I think what we're discussing is those people
deserve to see -- have those services, but they don't have the funds to do so.
Commissioner Suarez: No. I hear you. And I -- I mean., that's why I put this on the
agenda, you know. I mean, I think -- Their response to me was, "Look,
Commissioner, maybe we're not doing exactly what you want us to be doing, but these
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are the things that we are doing. " And so I said, "Okay. Well, I wish you would just
do what I asked you to do, but I don't have that control either. " So, you know, I didn't
want to just act in bad faith and put a resolution on there, you know, if they are doing
some things at least to make the community better and offering some additional
services.
Commissioner Gort: Good. Okay.
RE.8
RESOLUTION
1880
A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING
Commissioners
THE ZONING REGULATIONS OF THE CITY OF MIAMI, FLORIDA
and Mayor
AS THEY PERTAIN TO SHORT-TERM/VACATION RENTALS AND
AYES:
DIRECTING THE CITY MANAGER TO CONTINUE VIGOROUSLY
ABSENT:
ENFORCING REGULATIONS PERTAINING TO LODGING USES
TO ENSURE THE HEALTH, SAFETY AND WELFARE OF THE
CITY OF MIAMI'S RESIDENTS AND VISITORS.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Note for the Record. Item RE.8 was deferred to the March 23, 2017 Planning and
Zoning Commission Meeting.
Note for the Record. For additional minutes referencing Item RE. 8, please see
"Public Comment Period for Regular Item(s). "
RE.9 RESOLUTION
1876 A RESOLUTION OF THE MIAMI CITY COMMISSION
Commissioners AUTHORIZING THE TEMPORARY RESTRICTION OF VEHICULAR
and Mayor ACCESS TO SOUTHWEST 14TH STREET DIRECTLY EAST OF
THE NORTH/SOUTH ALLEY RUNNING FROM SOUTHWEST 14TH
STREET TO SOUTHWEST 15TH STREET, EAST OF SOUTHWEST
27TH AVENUE, MIAMI, FLORIDA.
ENACTMENT NUMBER: R-17-0101
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MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Note for the Record. For additional minutes referencing Item RE.9, please see
"Public Comment Period for Regular Item(s). "
Chair Hardemon: RE.9.
Commissioner Suarez: Mr. Chair, I'll move RE.9. It's basically a temporary street
closure for 14th Street, east of 27th Avenue, past the commercial part of the street.
That's it. Move it.
Commissioner Carollo: Second.
Chair Hardemon: All right. Been properly moved and seconded. You're recognized,
Commissioner Gort.
Commissioner Gort: Discussion. I think this is something we've been arguing quite a
bit, I, mvself with the -- I've asked the Planning Department to do the study, and it's
been implemented here in the Grove. What you have, Northwest 11 th Street, between
37th Avenue, all the way to 42nd Avenue, and then you have all the streets that have
main corridor, like Flagler, 7th Street. Those main corridor, people, in order to get
away from them, they use the side street. I suggested at one time, why don't we start
going to the one-way street instead of closing, but put one-way, so that people that
live within that area can come out and can come in, because they know wherefrom --
they'll be coming in and where are they going out from. My understanding is, the
County had a little problem with that. But I don't know if you all aware that now
there's a new software, where you go into your phone, or into your car, and you ask
him, "What's the faster and best route to avoid the main stream of communication?"
And they show you how to go through all the neighborhoods and the street you got to
use. So that's something I think we -- I agree with a hundred percent, but I think we
should do more studies in that whole area, because that -- our districts are being
ruined.
Commissioner Suarez: Mr. Chair, ifI may real quick?
Chair Hardemon: Yes.
Commissioner Suarez: Yeah. This particular street was a victim -- and the Mayor
knows, because he represented this area for a long, long time, and he's felt the same
pain that I have for many years -- is a victim oj' FDOT's (Florida Department of
Transportation) project on 27th Avenue that picked winners and losers, and the e'v
closed two streets and then opened one, which created three -times the volume of cars
being funneled through that one street. We recently had a land use issue on that
street, and 90 percent of the people that complained about that land use change, or
they're complaining about it because of'trajjic, cut -through traffic on that street. So,
you know, this is being done, in part, to address those concerns, and to see if we can
improve the conditions there. Thanks.
Chair Hardemon: All right. I'll say, within the "whereas" clause, it states in this that,
"City Code allows upon confirmation from Miami -Dade County a permanent
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vehicular access restricted to certain streets, " and that our Code allows for
temporary vehicular access restriction to certain streets, pending final review and
confirmation of Miami -Dade County. And so, thus, considering that and that this
thing is presented to us by our Madam City Attorney -- and I'm assuming that this is
all done in accordance with the law?
Daniel J. Alfonso (City Manager): Mr. Chairman, I received the legal opinion fe-om
our City Attorney, stating that it was perfectly acceptable to do this.
Chair Hardemon: Okay. So if that's true, then I'm satisfied as far as
(UNINTELLIGIBLE), because I'm following my City Attorney's advice. They know I
like to fight, but -- Is there any further discussion? Hearing none, all in favor, say
„aye "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.10
RESOLUTION
1568
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ADDING CAPITAL PROJECTS TO THE FISCAL
Office of
YEAR 2016-17 MULTI-YEAR CAPITAL PLAN ADOPTED
Management and
SEPTEMBER 6, 2016, PURSUANT TO RESOLUTION NO. 16-0393,
Budget
AS SUBSEQUENTLY AMENDED ON SEPTEMBER 20, 2016,
PURSUANT TO RESOLUTION NO. 16-0445 AND ON NOVEMBER
17, 2016, PURSUANT TO RESOLUTION NO. 16-0565, REVISING
CURRENT APPROPRIATIONS AMONG APPROVED 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 FOR GRANTS IN
PROGRESS.
ENACTMENT NUMBER: R-17-0108
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Francis Suarez, Commissioner
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Gort, Carollo, Suarez
ABSENT: Russell
Chair Hardemon: RE.10.
Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of
Management & Budget. RE.10 is an amendment to the current year capital plan. Itis
no new appropriations. It is just moving money between projects. Lines 19 through
23 are in District 1; 25 through 52 in District 2; 53 through 61 in District 3; 62
through 66 in District 4; 67 through 69 in District 5; and lines 1 through 18 and 24
are citywide and at the Administration's request. Funds are being moved only within
districts. There's one exception to that; it's line 24. It's a remediation project that is
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complete, and we have considered remediation projects citywide. It is moving from
District 2 to District I; one remediation project to another. If you'll bear with me, I
have two floor amendments to make. One is lines 54, 55, 56, and 57, which are in
District 3, are requested to be stricken at the Administration's request. And then at
the request of District 4, we're recommending a floor amendment that defunds one
project, the Shenandoah Silver Bluff Roadway Improvement project; at least
temporarily defunds it. It is an exclusively D4 general fund project, and it is moving
it to 12 other projects that I will read into the record now. It's two segments of
Southwest 23rd Street roadway improvements; both separate projects; Southwest 25th
roadway improvements; three segments of Southwest 22nd Terrace roadway
improvements; Golden Pines Neighborhood Speed Tables, Auburndale roadway
improvements; Southwest 32nd roadway improvements; Auburndale traffic circle;
street and drainage improvements at Northwest 45th Avenue, and Bay of Pigs
Playground Park enhancements. And then we've got one or two nonmaterial
scrivener's errors that we're correcting. We had an extra zero in one of the "B"
numbers that we need to correct. Be happy to take any questions you have.
Commissioner Suarez: I'm --are you good with yours? I'm --
Commissioner Carollo: No, I'm not good with mine.
Commissioner Suarez: Oh, you're not. Okay.
Commissioner Carollo: We need to have a conversation.
Commissioner Suarez: All right. Then I want to move it, if you're not
(UNINTELLIGIBLE).
Commissioner Carollo: Yeah. Can you give me a second?
Commissioner Suarez: Okay, go ahead.
Commissioner Carollo: Mr. Chairman. Thank you. Mr. Rose, thank you for striking
54, 55, 56, 57.
Mr. Rose: Yes, sir.
Commissioner Carollo: That was actually my office that, I think, met with .Ieovanny -
- I think it was yesterdav -- and we've [sic] asking that because -- and what I'm more
troubled is that where is the internal controls? Because the reason why we're asking
to strike it is because we already funded these projects previously.
Mr. Rose: Yes, sir.
Commissioner Carollo: So all of a sudden, you're bringing the same projects to fund
again, so where's the internal controls to make sure that doesn't happen?
Mr. Rose: Yes, sir. We did miss these projects. We had two diff"erent project
managers on it and thought they were different projects, and thank you jor your ojjice
bringing it to our attention. We're correcting that today.
Commissioner Carollo: Yeah. It's just, I want to make sure that doesn't happen in the
future. That's $200, 000 --
Mr. Rose: Yes, sir
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Commissioner Carollo: -- you know. And what I want to do now is in addition to that
-- apparently, there's a few projects that you need an additional funding. I am also
troubled by that, because each project, the estimate includes a 10 percent
contingency. So that means if -- even with a 10 percent contingency, you still need
more money; someone missed the mark, big time. Now, with that said -- and I'm not
going to harp on this, but with that said, there's two projects here that need additional
finding, and you're showing from the general fund. I don't want to use the general
fiend monies. I want to use monies from these four projects that we were stricken.
Mr. Rose: Okay.
Commissioner Carollo: Okay? So let's put the general fund back where it was, and
let's put -- you could either use the transit half -cent surtax or the local option gas tax.
Mr. Rose: Yes, sir.
Commissioner Carollo: Okay?
Mr. Rose: We can do that.
Commissioner Carollo: Thank you. And that's.for -- let me see real quick. That is
for number 60, item number 60, which is for $38, 000; and item number 53, which is
for $43, 000, so those two should not be using general fund anymore.
Daniel J. Alfonso (City Manager): Commissioner?
Commissioner Carollo Thev should be using --
Mr. Alfonso: There's some concern about -- to the use, so go ahead.
Jeovanny Rodriguez: Good afternoon, Commissioners. Jeovanny Rodriguez, director
of Capital Improvement. Commissioner, if I understood you correctly, you said to use
the four projects that we're taking out from the appropriations; you want to use the
funding that it was going to be used to fund that to go to the projects.
Commissioner Carollo Yes.
Mr. Rodriguez: But not necessarily taking the funding that was in those projects in
the other "B"numbers that we talked about, correct?
Commissioner Carollo: No. What I am saying is, you have -- Those projects are
funded already.
Mr. Rodriguez: Correct, and --
Commissioner Carollo: Okay. But what you did is --
Mr. Rodriguez: -- but they need -- we need the funds.
Commissioner Carollo: -- that --
Mr. Rodriguez: Yeah.
Commissioner Carollo: -- again, you put these projects there, and, again, you
allocated funding to it.
Mr. Rodriguez: Correct.
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Commissioner Carollo: So what I'm saying -- so you double -dipped.
Mr. Rodriguez: Yes, and that's why we're taking it out.
Commissioner Carollo: So what I'm saying -- right. So that's why you're taking it out
Mr. Rodriguez: Right.
Commissioner Carollo: -- on our request. Now what I'm saying is, don't -- you're
taking it out, but use some of those monies from these that you double -dipped, and use
it for the two that you're asking additional. funds.
Mr. Rodriguez: Can we look at the appropriation really quick to be clear?
Commissioner Carollo: Sure.
Chair Hardemon: You know, Commissioner Carollo, that's a big thing.
Commissioner Carollo: That's a big issue.
Chair Hardemon: That s a big thing and I'm not as confident that that hasn't
happened in my situation. Your office caught it; 1 don't know if my office has did the
same type of analysis. I mean, I'm willing to, you know, pass this over until we -- until
next meeting.
Commissioner Carollo: Here's the problem, Commissioner Hardemon. Here's the
problem I'm having. And now you may be seeing some signs of different projects
popping up into my district, and some people may allege, "Oh, of course. It's
campaign time. " What thev don't know is that we passed these projects a year and
three months ago. So if we keep even, you know, pushing this along, you know, and
deferring it, when are these projects going to be done? As it is, from the time we
passed it in Commission, it's taking well over a year for them to break ground. So big
issue; not to mention what you're saying is true. I mean, there's got to be internal
controls for this not to happen.
Mr. Rodriguez: Commissioner, we looked at the list, and we are okay with your
request.
Commissioner Carollo: Right.
Mr. Rodriguez: Thank you.
Commissioner Carollo: I figured.
Mr. Rodriguez: Just wanted to be sure. Thank you.
Commissioner Suarez: So are we going to pass this and--?
Commissioner Carollo: I can pass it with the amendments that I put on the floor.
Commissioner Suarez: That's fine. That's what I'm saying. So we're good.
Commissioner Carollo: Yes.
Commissioner Gort: Move it.
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Commissioner Suarez: So I move it, as amended.
Commissioner Carollo: Second with the amendments that I placed on the floor. And
Mr. City Clerk, do you have any issues with just addressing the amendments that I put
on the floor, or do I need to stipulate them again or --?
Nicole N. Ewan (Assistant City Clerk): No, Commissioner. We have it on the record.
Thank you.
Commissioner Carollo: Thank you.
Chair Hardemon: The line item 73, where you're going -- a lot of this is going to the
Oakland Grove Mini Park. Is that for the -- I always. forget what these water -related
things are. It's like a dock. Is that for the dock? The item -- it's a "B"number. Pm
looking at line 73.
Mr. Rose: Lines 73 through 79 are all Oakland Grove Mini Park.
Chair Hardemon: Right. So the B-40539, that's, for the -- is that for that dock?
Mr. Rodriguez: Correct, Commissioner. That is to replace the dock that was at that
park before that we had to remove because it was in a very bad shape.
Chair Hardemon: Right.
Mr. Rodriguez: This money is to go back and put something similar or something that
the community will prefer, if it's a little different.
Chair Hardemon: I'm not sure. 1 thought that -- was this one previously funded as
well? Because I know that the community has been asking for this, and we've been
asking a lot about the progress of this. And as 1 understood, it was going through
permitting, and you had some issues with the State inn getting that permit process
done, and so now I'm seeing some money being moved there. So the question I have,
especially after heating Commissioner Carollo's concerns, are is this an additional --
is this additional funding to what's already there? Are these some unforeseen costs?
What was the 228 for?
Mr. Rodriguez: Commissioner, this particular section of the project, which is a
replacement of the dock, was never part of the original project. The original project
there was to replace some benches, to do maintenance work on the rest of the park.
When we were out there, and we saw the condition of that dock, which it was
basically old rotten wood and falling apart, at that time we notified the Parks
Department, the director at that time, and the decision was made to basically remove
some of that wood and to fence it off, but the money was never there to replace the
wood that -- to replace that deck. That was all new money now coming to do that
work.
Chair Hardemon: Okay. Is there any further unreadiness? Is there anyone from the
public that'd like to speak on the item? Seeing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Commissioner Carollo: As amended
Ms. Ewan: As amended.
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Chair Hardemon: Motion passes.
Mr. Rose: Thank you, Commissioners.
END OF RESOLUTIONS
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BC - BOARDS AND COMMITTEES
BCA RESOLUTION
1819 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:
Maria Napoles
Mercedes Lopez -Cisneros
Cameron Basden
ENACTMENT NUMBER: R-17-0120
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Chair Hardemon: Mr. Citv Clerk, Boards and Committees.
Mayor Tomas Regalado
Mayor Tomas Regalado
Commissioner Francis Suarez
Nicole N. Ewan (Assistant City Clerk): Good afternoon, Commissioners. BC.1, Arts
& Entertainment Council: Mayor Regalado will be reappointing Maria Napoles and
Mercedes Lopez -Cisneros; Commissioner Suarez will be reappointing Cameron
Basden.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Hardemon: Any unreadiness? Hearing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
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BC.2
1592
Office of the City
Clerk
BC.3
1821
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR A TERM AS
DESIGNATED HEREIN.
APPOINTEE:
Yvette Garcia
ENACTMENT NUMBER: R-17-0121
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
NOMINATED BY:
Commissioner Francis Suarez
Nicole N. Ewan (Assistant City Clerk): BC.2, Audit Advisory Committee:
Commissioner Suarez will be reappointing Yvette Garcia.
Commissioner Carollo. Move it.
Commissioner Suarez: Second.
Chair Hardemon: All in favor; say "ave."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR
A TERM AS DESIGNATED HEREIN.
APPOINTEE:
Marlene Avalo
ENACTMENT NUMBER: R-17-0122
NOMINATED BY:
Commission -At -Large
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City Commission Meeting Minutes March 9, 2017
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Nicole N. Ewan (Assistant City Clerk): BC3, Bayfront Park Management Trust:
Commissioner Carollo will be reappointing Mark [sic] Avalo to the at -large seat.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Hardemon: All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
BCA RESOLUTION
1824 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:
Bob Powers
ENACTMENT NUMBER: R-17-0123
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
NOMINATED BY:
City Manager Daniel J. Alfonso
Nicole N. Ewan (Assistant City Clerk): BC4, City of Miami Beautification
Committee: City Manager Alfonso will be reappointing Bob Powers.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Hardemon: All in favor say "aye."
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The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
BC.5 RESOLUTION
1070 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE
Office of the City APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN
Clerk INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN.
BC.6
1336
Office of the City
Clerk
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS
DESIGNATED HEREIN.
A CCr'IIAITCC-
Dufirston Julio Neree
ENACTMENT NUMBER: R-17-0124
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
NOMINATED BY:
Chair Keon Hardemon
Nicole N. Ewan (Assistant City Clerk): BC.6, Code Enforcement Board: Chair
Hardemon will be appointing Duf irston Julio Neree.
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Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: All in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
BC.7 RESOLUTION
1826 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
Office of the City INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM
Clerk AS DESIGNATED HEREIN.
APPOINTEE:
Jason Manowitz
ENACTMENT NUMBER: R-17-0125
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
NOMINATED BY:
Commissioner Francis Suarez
Nicole N. Ewan (Assistant City Clerk): BC.7, Community Relations Board:
Commissioner Suarez will be appointing Jason. Manov&z.
Commissioner Suarez. Move it.
Commissioner Carollo Second.
Chair Hardemon: All in favor; say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
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BC.8
1711
Office of the City
Clerk
BC.9
1713
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN
FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Tomas Regalado
Vice Chair Ken Russell
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
Commissioner Frank Carollo
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
(Ex -Officio Non -Voting Member)
(Ex -Officio Non -Voting Member)
(Ex -Officio Non -Voting Youth
Member)
RESULT: NO ACTION TAKEN
NOMINATED BY:
Vice Chair Ken Russell
Commissioner Frank Carollo
City Manager Daniel J. Alfonso
City Manager Daniel J. Alfonso
City Manager Daniel J. Alfonso
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BC.10 RESOLUTION
1598 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:
Anna Fernandez
Edilfa Perez
Sergio Garrido
ENACTMENT NUMBER: R-17-0126
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
NOMINATED BY:
Commissioner Wifredo (Willy) Gort
Commissioner Francis Suarez
AFSCME 1907
A motion was made by Commissioner Suarez, seconded by Commissioner Carollo,
and was passed unanimously, with Vice Chair Russell absent, to appoint Edilfa
Perez as a member of the Equal Opportunity Advisory Board; further waiving the
employment prohibition contained in Section 2-884(e) of the Code of the City of
Miami, as amended, by a four fifths (4/5ths) vote of the members of the City
Commission, as said requirement relates to the appointment of Edilfa Perez as a
member of the Equal Opportunity Advisory Board.
Nicole N. Ewan (Assistant City Clerk): BC.10, Equal Opportunity Advisory Board:
Commissioner Gort will be reappointing Ana Fernandez; Commissioner Suarez will
be reappointing Edilfa Perez, who requires a four-fifths employment waiver; and
AFSCME (American Federal, State, County, and Municipal Employees) 1907 is
requesting the reappointment of Sergio Garrido.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: All in favor; say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
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BC.11 RESOLUTION
1076 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
Office of the City INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS
Clerk DESIGNATED HEREIN.
APPOINTEE:
Lynda Harris
ENACTMENT NUMBER: R-17-0127
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
NOMINATED BY:
Chair Keon Hardemon
A motion was made by Commissioner Suarez, seconded by Commissioner Carollo,
and was passed unanimously, with Vice Chair Russell absent, to appoint Lynda
Harris as a member of the Finance Committee, further waiving the residency
requirements of Section 2-884(a) by a four/fifths (4/5ths) vote of the members of the
City Commission, as it relates to Lynda Harris as a member of the Finance
Committee.
Nicole N. Ewan (Assistant City Clerk): BC. 11, Finance Committee: Chair Hardemon
will be reappointing Lynda Harris, who requires a four -fifth residency waiver.
Commissioner Suarez: Move it.
Commissioner Carollo: Second
Chair Hardemon: All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
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BC.12 RESOLUTION
1599 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR
Clerk TERMS AS DESIGNATED HEREIN.
BC.13
1829
Office of the City
Clerk
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Vice Chair Ken Russell
Commissioner Frank Carollo
Commissioner Francis Suarez
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES/CATEGORIES: NOMINATED BY:
Najeeb Campbell
(Citizen — Category 7)
Lynn Lewis
(Citizen — Category 7)
Jordan Trachtenberg
(Architect or Architectural Historian
- Category 4)
Jonathan Gonzalez
(Alternate Architect — Category 8)
ENACTMENT NUMBER: R-17-0128
Chair Keon Hardemon
Commissioner Wifredo (Willy) Gort
Commissioner Wifredo (Willy) Gort
Commissioner Francis Suarez
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MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Nicole N. Ewan (Assistant City Clerk): BC13, Historic & Environmental
Preservation Board: Chair Hardemon will be appointing Najeeb Campbell to the
citizen category; Commissioner Gort will be reappointing Lynn Lewis to the citizen
category; and Jordan Trachtenberg to the architect -- or architectural historian
category; Commissioner Suarez will be reappointing Jonathan Gonzalez to the
alternate architect category.
Commissioner Suarez: Move it.
Commissioner Gort: Move it.
Commissioner Carollo: Second.
Chair Hardemon: All in favor; say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BC.14 RESOLUTION
1718 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY
Clerk FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
Rafael Cabrera
Rachel Furst
ENACTMENT NUMBER: R-17-0129
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commission
SECONDER:
Frank Carollo, Commissione
AYES:
Hardemon, Gort, Carollo, Suar
ABSENT:
Russell
NOMINATED BY:
Commissioner Francis Suarez
Commissioner Francis Suarez
Nicole N. Ewan (Assistant City Clerk): BC. 14, Miami Sports & Exhibition Authority.-
Commissioner
uthority:Commissioner Suarez will be appointing Rachel Furst and reappointing Rafael
Cabrera.
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Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: All in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BC.15 RESOLUTION
1081 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD
Clerk FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
Monique Messer
Michael Rosenberg
ENACTMENT NUMBER: R-17-0130
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
NOMINATED BY:
Chair Keon Hardemon
City Manager Daniel J. Alfonso
Nicole N. Ewan (Assistant City Clerk): BC.15, Parks & Recreation Advisory Board:
Chair Hardemon will be reappointing Monique Messer, and City Manager Alfonso
will be reappointing Michael Rosenberg.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: All in favor; say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
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BC.16
1875
Office of the City
Clerk
BC.17
1083
Office of the City
Clerk
BC.18
1721
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE PATRICIA AND PHILLIP FROST MUSEUM OF
SCIENCE BOARD OF TRUSTEES FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commission -At -Large
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE SENIOR CITIZENS' ADVISORY BOARD FOR A
TERM AS DESIGNATED HEREIN.
APPOINTEE:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Vice Chair Ken Russell
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE STARS OF CALLE OCHO WALK OF FAME
COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Tomas Regalado
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BC.19 RESOLUTION
1084 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
Office of the City INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD
Clerk (UDRB) FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE:
Fidel Perez
ENACTMENT NUMBER: R-17-0131
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
NOMINATED BY:
Commissioner Francis Suarez
Nicole N. Ewan (Assistant City Clerk): And BC. 19, Urban Development Review
Board: Commissioner Suarez will he reappointing Fidel Perez.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: All in favor; say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Ms. Ewan: Thank you, Commissioners.
Commissioner Suarez: Thank you.
Chair Hardemon: Thank you.
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BC.20 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:
Chair Keon Hardemon
Vice Chair Ken Russell
Commissioner Frank Carollo
RESULT: NO ACTION TAKEN
BC.21 RESOLUTION
1604 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR
Clerk TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Mayor Tomas Regalado
Chair Keon Hardemon
Chair Keon Hardemon
Vice Chair Ken Russell
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
RESULT: NO ACTION TAKEN
END OF BOARDS AND COMMITTEES
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DI - DISCUSSION ITEMS
DI.1 DISCUSSION ITEM
1743 DISCUSSION REGARDING A PRESENTATION BY THE
City Manager's CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES
Office CONCERNING THEIR ANNUAL REPORTS: -AUDIT ADVISORY
COMMITTEE - HOUSING AND COMMERCIAL LOAN COMMITTEE -
NUISANCE ABATEMENT BOARD - URBAN DEVELOPMENT
REVIEW BOARD
FRESULT: DISCUSSED
Chair Hardemon: We have two minutes left. I want to give a gentleman an
opportunity to speak-. He's here on D1. 1. He's giving a report of one of the
committees. Sir, I'll let you have an opportunity to speak so you don't have to return
back this afternoon.
Charles McEwan: Thank you. Mr. Chairman --
Chair Hardemon: You're recognized.
Mr. McEwan: -- Commissioners. I'm here to -- Chuck McEwan. I'm chairman of the
Nuisance Abatement Board I'm here to enlighten you as to what we've done during
the past year. 171 be very, very short. We all serve as volunteers; you know that.
We're not compensated in anv kind of way, and we're ethnically and gender -balanced
on this board. If a lot of you will remember that this board, before we -- the Code
Enforcement Board were given the responsibility to do the Nuisance Abatement
Board, had a lot of cancellations, they hardly ever had a quorum. Nothing, pretty
much, got anywhere. We've had no cancellations for quorum since -- in the last,
almost, two years, so its worked. We heard -- we met nine times and heard eight
cases during this last year. An ethics workshop was held in 2016 Police officers
scheduled eight cases in front of us, and the Hearing Boards Office created 25
nuisance abatement orders. There's one thing I want to close with; it's just for you to
be aware. The Hearing Boards Office has improved quite a bit in the way the staff is
presenting items to its. However, there was -- no improvement has been made in the
terms of the physical delivery of printed packages. We're still getting stacks of paper
about this thick times our members. The world is past that stage already. Were
killing a lot of trees up here at every meeting. We receive electronic materials, then it
would be cost-efficient to the City to halt the phvsical production of agendas, and
implement the use ofloaner tablets at the meeting, the similar way that the Unsafe
Structures Board does. For some reason, we haven't been able to get them, even
though our.unction and the Code Enforcement Board function is quite important, I
think, and -- or I wouldn't have been doing this all this many years -- to the citizens of
the City, of Miami, and also produces some sort of revenue to the City. So it just --
we're asking to just to use the tablets, like the Unsa.e Structures Board does, to
simplify things.or the employees and.or the board. And that's pretty much it. I'll cut
it short right then and there.
Chair Hardemon: I have --
Mr. McEwan: Thankyou.
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Chair Hardemon: --a quick question for you.
Mr. McEwan: Yes, sir.
Chair Hardemon: How routinely do you have officers come before the Nuisance
Abatement Board regarding issues with properties that may have
(UNINTELLIGIBLE)?
Mr. McEwan: Every meeting.
Chair Hardemon: Now, are there recommendations that you would have to the City
Commission to recommend to the of so that they can better present items to you
to act --
Commissioner Suarez: Build a case.
Chair Hardemon: -- because --
Commissioner Suarez: To build a case.
Chair Hardemon: Right. -- as I understand -- I'm not --1 haven't been to one of your
meetings -- but as 1 understand, for instance, if there's a property where you have
drug sales going on, many times an of may make an arrest, and he may put, "the
intersection of 14th Street and 3rd Avenue, "instead of the actual property where they
know they were selling from, and that deter -- it hinders you from being able to
enforce, legally, any issues with that property, where the problem's coming from.
Mr. McEwan: Well, all we can go by is what they tell its of where the arrest was
made and how the probable cause was developed and where. 1 know where you're
going with this, but it's -- all we can do is take their word for it.
Chair Hardemon: It depends on the individual officer.
Commissioner Gort: Right.
Chair Hardemon: Right.
Mr. McEwan: Yeah. It's whatever they tell us as to where the arrest and the probable
cause for the arrest originated. If it's at a business, well, that's how it goes, you know.
Chair Hardemon: Do you all typically inquire about whether or not it started from a
Mr. McEwan: Yes, yes.
Chair Hardemon: -- physical --
Mr. McEwan: Yes, we do. Yes, we do.
Chair Hardemon: Okay. Well, we thank you --
Mr. McEwan: All the time.
Chair Hardemon: We thank you for your service. I know it's important.
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Mr. McEwan: Thank you.
Chair Hardemon: Any further questions?
Commissioner Gort: Thank you. Now, my understanding is, if any business that have
three abatement cases in front of you, you can take away the licenses; am I correct?
Mr. McEwan: Yes, sir; we can. We are authorized to do that.
Commissioner Gort: Okay.
Mr. McEwan: We haven't had to do it. We've gotten compliance on every case that's
come in front of us.
Commissioner Gort: All right. Thankyou.
Mr. McEwan: So --yes, sir.
Chair Hardemon: Is the last one the Audit Advisory Committee that needs to make a
quick presentation? Sir?
Commissioner Gort: That's another committee.
Chair Hardemon: Yeah. You're recognized, sir. You have about -- the amount of
time that you asked us for; which was 60 seconds.
Bill Ramos: Thank you very much, Mr. Chair, committee members. I'm here
representing as chairperson to the City of Miami Low -Income Housing Board, your
annual report, and 171 be brief. And thank you for sliding me in. The Housing
Committee serves a purpose; to be an advisory committee for approving and
disapproving housing commercial loan; grants, as provided by the City of Miami, and
by providing oversight to these departments and for economic development. And we
did this last year, and we approved funding for a total of 6.6 -- $6,670, 000. The year
before, it was about $5.9 million, and certainly, we haven't approved enough, so --
because we have a crisis in affordable housing. One of the tasks that you did -- that
you asked its to do was to provide recommendations, and we created a task force
around what our recommendations are going to be. We've been interviewing,
bringing to these chambers on a monthly basis different professionals in low-income
housing, and interest capital markets and developers, and we're going to be coming
back to you shortly with a first phase recommendations. And to give you a --just a
slight look at what we're looking at, it's really about density, and why the market isn't
giving us enough affordable housing on the supply side; not through this committee in
loans and tax credits, but why isn't the City creating enough of them by themselves?
And I think we've identified it to be a lot around density; that we're not able to build in
a free market maybe small enough units. For example, in T4 areas, you know, you've
got to build -- I think the density is 36 units per acre, and you end up with a 1,200-
square -foot apartment as a minimum, if you build something new. So I bring to you
many years of 'commercial real estate experience, but also over 20 years of'experience
with a major cruise line in Miami. I was a vice president there for years, and one of
the things that I looked -- I look at affordable housing, and I look at the -- my 23 years
of cruise line experience, and then they're not exactly the same, but if ve regulated the
cruise lines and required them to build a 1,200 -square -foot cabin, there wouldn't be
that many cruise lines, so I know it's not apples and apples, but it's similar. It has to
do with density, and I think the market is, by itself, doing this by chopping up --
illegally creating small rooms and houses and things like this, and it's happening, but
it's not happening the way we'd all like it to happen, so that's what we'll be
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addressing. Hopefully, in the next 60 days, we're going to be putting together the
report. And I'll stop and take any questions from you.
Commissioner Gort: Mr. Chairman.
Chair Hardemon: Commissioner Gort, then Commissioner Carollo.
Commissioner Gort: One of things we need the most is the workforce housing.
Mr. Ramos: Yes.
Commissioner Gort: Now, my understanding is, people need incentive in order to
create that, and whatever incentive you guys can come up with and ideas will be
appreciated. At the same time, there was a great articles in Los -- from Los Angeles,
where things have changed there, and the voters voted in favor of what you just
talking about, increasing the amount of property that can be built and the spaces that
they can have.
Mr. Ramos: Exactly.
Commissioner Gort: And it was approved by the voters.
Mr. Ramos: Right. And it's helped a lot of in those cities. So we're -- those are the
type of recommendations that we're putting together. We've been working on it for
several months, and we lookforward to presenting to you shortly.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: Thank you. Real quick, and I'm glad you mentioned
"density, " because that's exactly what we were looking at. And I don't know if you
were able to see the last ordinance that this Commissionn passed; it dealt with density.
Mr. Ramos: Yes.
Commissioner Carollo: 10 percent of extremely low-income will give you -- will
double the density of the building. So we -- this Commission has acted, and we're
addressing that, because I agree with you; density is one of the kev issues with
regards to affordable housing.
Mr. Ramos: Thank you. Yeah. The Commission's done a lot of here and --you know,
what they did on -- already on these properties near transit corridors, and requiring
less parking has helped, and I think we just need to start narrowing that gap so that
the market itself can create the affordable workforce housing.
Commissioner Suarez: Thank you. And I think that's the right approach. We've
taken the carrot approach, which is creating incentives, and doing things within our
incentive envelope, if f ou will, or incentive bucket, and hoping that the private sector
will utilize those incentives to create more ajjbrdable housing, workforce Housing,
extremely low-income housing, and that's what we've been. -- and I think we've been
very forward -thinking as a city, generally speaking, on this issue.
Mr. Ramos: All right, excellent.
Commissioner Suarez: Thanks.
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Mr. Ramos: Thank you for your support.
Chair Hardemon: Thank you very much.
Mr. Ramos: Have a good afternoon.
Chair Hardemon: I'll ask all Commissioners to be back at 3 o'clock. Is that fair? 3
o'clock? Meeting is in recess.
DI.2 DISCUSSION ITEM
1698 DISCUSSION ON THE STATUS OF HIRING POLICE OFFICERS.
Department of
Police
FRESULT: DISCUSSED
Chair Hardemon: Are there any further DI -- DL I reports? There are or there are
none?
Commissioner Carollo: There's --
Chair Hardemon: Yes?
Commissioner Carollo: 1 think that's DI.2.
Commissioner Gort: The boards, boards.
Chair Hardemon: Oh, so D1. 1, are we complete with those?
Commissioner Carollo: Yes. Okay. So move on, D12.
Eldys Diaz: Good afternoon. Eldys Diaz, senior executive to the Chief, Miami Police
Department. I'm presenting the Police Department's hiring and staffing quarterly
update. As of this morning, we have no sworn vacancies. We're actually 13 over our
TO (table of organization). This year we are anticipating a number of emplovees
exiting through the DROP (Deferred Retirement Operation Plan). Assuming that we
hire at our current rate, we will be able to meet attrition without a gap. I'm happy to
take any questions fom the Commission.
Chair Hardemon: Any questions? Thank you, sir.
Mr. Diaz: Thank you.
Commissioner Gort: Thank you.
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DI.3 DISCUSSION ITEM
1607 FOLLOW UP DISCUSSION ITEM REGARDING CLASSIFIED
Commissioners VERSUS UNCLASSIFIED POSITIONS IN THE OFFICE OF THE
and Mayor INDEPENDENT AUDITOR GENERAL.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Note for the Record: Item DL3 was deferred to the March. 23, 2017 Planning and
Zoning Commission Meeting.
DI.4 DISCUSSION ITEM
1883 PRESENTATION ON THE BUILDING PERMIT PROCESS REVIEW.
Department of
Building
RESULT: DISCUSSED
ChairHardemon: D1.4.
Michael Sarasti (Office of the City Manager): Good afternoon. Mike Sarasti, chief
innovation officer, City of Miami. I'm here also with Jose Camero [sic], who will be
presenting shortly after me. I'm here to talk about a permit process review that we've
been conducting alongside -- from the City Manager's Office, alongside with the
Building Department, and a number of other departments, Zoning; essentially, all
departments that are involved with the permitting process. This is a process that we
have undertaken over several months now. Second half of 2016, the City of Miami
analyzed permit processes and developed an action plan to improve them, so we've
been going extensively, specifically focusing on smaller projects. We've been doing
quite a bit of user feedback. We've been meeting with architects, engineers,
homeowners, expediters. We've been doing a number of staff interviews. We've also
been doing a fairly deep dive into iBuild data. iBuild is the system of record for all
permitting information, so we ve been going pretty heavily into that, and we've also
engaged an outside consultant for this. We engaged Accenture to do apiece of it. I'll
describe a little bit about what they came in to help its out with. They helped us
construct some journey maps. And along this process, we've been doing a lot to make
sure that what we're learning is part of 'a continuous improvement exercise, and we're
able to include it as part of'the strategic planning process. What you're looking at
right there on the screen is actually a shot of one (?f 'the user sessions, just to give you
an idea of what these look like. This is actually one conducted by Accenture. They
came in. I believe this one is with expediters, but we did very similar sessions
similarly, -- very similar sessions with contractors, with a number of other individuals
to make sure that we have everybody fully represented. Thejourney map that you see
on there, without going into detail -- because there's obviously a lot of detail on that
screen --the idea here was to conduct a picture of the jull experience. We do a lot oj'
inside work, kind of trying to understand our process, but this was really an effort to
get in the shoes of the customer and take a customer perspective as they went through
the process so that we can communicate -- understand that, and also do a better job of
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communicating that to the employees. So a few numbers that probably are important
that we're going to focus on, and they're -- it was are attached report, which has more
detail, but here are some to kind of get started oil. The volume for 2016 for permits
were 26,500 permits, more than that. That was an 11 percent increase over the
previous year. And before that, you had a 22 percent increase from 2014 to 2015.
We -- to give you a little bit of sense of the scope of what we were looking at, it was 29
percent of small projects -- sorry -- 29 percent of all projects are considered small
projects and single-family T3 residences, so that was really the scope of our report.
One of the numbers that we really honed in on, as it was a focus that we kept hearing,
was single-family homes in T3 zones, and we looked at that, and one of the points that
we learned is it takes 310 days to get a permit for new construction of a single-family
home. Understanding that's a long time, we really want to do a little bit of additional
drilldown, and I'm going to go over an additional slide here. It's notable that half that
time -- as we talk about that 310 number, half that time is actually time spent at the
City, so we did that breakdown to tell a better picture of how much time is spent here
and how much time is spent with design professionals on the outside. Another number
that stuck out for us -- and we'll talk a little bit about what we're doing there -- is this
number of reworks. So on average, for single-family new construction, reworks takes
about 10 times back and.forth, coming in. We also understand it's a long time, and
that's one of the numbers that we.foeused in on really drilling down. Here's a little bit
of additional breakdown. We actually went into a lot of the structural views, broke
down the -- you'll see that 310 number in 2016 Again, you'll notice that number has
actually been going up the last few years. Keep in mind that, again, the volume has
also increased significantly. Nonetheless, if we break down that number in 2016 --
and Mr. Camero will talk a little bit about the work that he's been doing since he's
been here -- but you'll see that over the individual quarters from Ql, Q2, Q3, Q4, we
do see a downward trend, and it's something that we're looking to maintain, and
we've got some things in place to continue to bring that down. 1f you look at the time
in the City, though, as I mentioned before, its, a little over half the time that's actually
spent in the City; it's 145 days with structural time, zoning time being the top two on
there. And you'll notice that there are notable improvements, as well, in Q3, Q4 to
structural and zoning, and again, a lot of effort was placed over these last six months
to try to drill down on this particular metric. Structural times actually for a new
single-family, residence has been reduced by about 40 percent from QI to Q4. So
going into some of the additional user feedback. Again there's a -- some additional
points, but some highlights for this brief presentation. The delays in zoning numbers,
after some studies we did -- and this is talking to customers and also to staff -- much
of the delays you'll see in zoning are largely attributed to plans when they require
special processes, so warrants, waivers, et cetera. For some of us that are in it, that
might be a little bit more obvious, but its important to take note. Sometimes plans get
stuck in phvsical transfer, and we'll talk a little bit about the solutions for there, -just
plans moving between different trades once thev get in. Tree permits obviously
triggered delays in certain construction projects. Getting answers by the phone is a
challenge for customers. New customers to the fburth floor are often -- the fourth
floor in MRC (Miami Riverside Center), being where most of permitting activity
happens -- are often confused and overwhelmed. Again, much of the time is not spent
at the City, but rather in the hands of applicants who are design professionals. And
we also know that results and commentsprovided by plan reviewers to customers is,
at times, inconsistent. So there's other feedback that we've also gathered, as well.
We've given you a few highlights, but as an example, we took those things that we
saw, and we wanted to make sure that we created anl action plan that corresponded
with, it, so what you see here is just a snapshot. The working plan is included as part
of 'the report that was attached to this, but you'll see that there's findings associated
on the left-hand side, and action items that had beenn collectively agreed upon by
various departments, various areas, so you'll see things in here, like -- actually, you'll
-- I won't steal his thunder. Mr. Camero's [sic] going to talk about some of'the things
that he already did. And we broke those things in terms of short-term things that we
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could do right away, things that were more medium-term, and things were a little bit
more long-term, which I think he will address. I'll speak to one that I've been involved
in in my work here before handing it over, which are content improvements to the
web. We know, over and over again, we would hear about the quality of the
information that was actually being provided by --from the City, whether it was on
the web, or whether it was in person, was inconsistent, or was incomplete, which
required a lot of in-person visits. So one of the things that we've done is we've been
doing a full review as part of our Alpha Website Project. We've taken what used to be
one generic permit page, and we started breaking that down into like: `I want to
build a fence permit, and what are the specific steps associated with building a
fence?" And how about a few dos and don'ts that we can give you ahead time so
maybe you don't have to make three or four visits just to find out that piece of
information. So that's taken a lot of conversation with frontline staff You know,
we've done the work. We've sat down with folks. We brought, again, the outside
consultant to give us an outside perspective to make sure we weren't in it, but it's been
a fun ride. And with that, I will hand it over to Mr. Camero [sic].
Jose Camero: Good afternoon, Commissioners. One of the things that I've been able
-- or we have been able to do in the Building Department is open the -- at 7:45, the
walk-through hours. It used to be that the first person they'll see was around 8:15,
8:20. By moving it to 7:45, the employees are there, and we're able to get more
people through. New signage was added throughout the floor, telling people what --
where areas are and where to go. A customer service desk was added in the lobby,
helping out people as they come off the elevator, telling them where to go for
inspections and -- or plans review. A symposium was done with design professionals,
telling them, basically -- These are the errors that we're finding on the plans. These
are the deficiencies that we're finding on the plans. Therefore, this -- by improving
the plans will reduce the amount of rework that we have to go through. Structural
trait: There's a lot of work that needed to be done there. We added some structural
consultants. We added structures to walk-throughs. And we decreased the structural
review from 45 days to about an average of 7 days. The review time for certification
of the 40 -year applications came down from 180 days to 30 days. A new telephone
system will be added to the floor. This way, we'll cut down a lot of the problems that
we have with non -answered phone calls. We're working very diligent on an electronic
plan review, and at this time we're doing the extensive process mapping and creating
the documentation for any future projects on -- mapping all our processes.
Continuous improvement is a focus. At this time I'll turn it over to --
Mr. Sarasti: Yeah. And just to close it off again, the continuous improvement piece is
really what we're focusing in this report. We didn't want this to be a report that was
just sort of'delivered once to meet a requirement. We wanted to sort of embed it in the
fabric of what we were doing. And with that, we are -- we're working on some
mechanisms. All these one-time reports that were generated, and these deep dives
that we've been doing into the data, we're looking for ways to provide that in realtime
to the department so that, operationally, they can use it, and also work it into our
strategic planning process in general. So we've got a few groups that are also in play
on the support team here. And with that, I turn it over for any questions.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: Yes.
Commissioner Suarez: Thank you.
Commissioner Gort: Mr. Chair.
Commissioner Suarez: (UNINTELLIGIBLE) after --
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Chair Hardemon: Commissioner Gort, do you want to question?
Commissioner Gort: No, go ahead.
Commissioner Suarez: So, thank you. I mean, I had passed a resolution, requesting
that this analvsis be done. I think it was very comprehensive. I think the numbers
showed what we were worried about, which is, essentially, that we went from a -- in
2014, from a point of 148 days to get a permitfor a single family home to a high point
of 350 in the first quarter of 2016, which is almost two and a half times the -- that's a
little more than two and a half times the amount of time to get the same permit, so I
think we're heading in the right direction. Everything that you have outlined -- I think
it's imperative that we get the electronic plans, because you can't have -- and you
identified in your presentation that you can't have multiple disciplines working on
plans at the same time. You have to physically take the plans, which is cumbersome
on both levels. So you have to physically take them from one place to the other, and
secondly, you can't work on them at the sante time. I think 10 reworks for a single -
.family residential home is way beyond to what's reasonable, and I think -- that's why I
think it's important. for you guys to continue to do the workshops on a quarterly basis,
so that -- we do still have a relatively new Code, you know, and I think architects and
engineers have to get familiar with our Code so that we don't have 10 reworks, and
we have three reworks. That's a huge piece of the puzzle there. I really -- I like the
fact that you are on the website sort of -- there is like top 10 -- you know, top 20, sort
ofgo-to this, we need to do this, and we need to do that; and if we just have like a very
self -instructive easy -to -find, you know, inexpensive means of doing it, I think you'll
reali -- an uncumbersome [sic] way of doing it --1 think you'll realize a lot of people
will take advantage. People want to follow the law. What happens is when the law is
too expensive and too cumbersome to follow -- Unfortunately, we have the famous
illegal units that Mayor Regalado was talking about earlier today. I think -- I really
think that there is a next generation where we can ultimately have for small
constructions, and "small" is in the eye of the beholder, but we should be able to get
permits from our phone, and be able to do certain kinds of construction work, and
close out permits from our phone, with the cooperation of qualified professionals.
And so, I think that's something that we need to do. And ultimately, that number
needs to get below a hundred for a single-family residential home. You know, we --
our first goal was Jason Taylor, 99. There you go.
Mr. Camero: It's 99, sir.
Commissioner Suarez: There you go.
Mr. Camero: And actually, the --
Commissioner Suarez: And I like how you're flowing through that. That's good.
Awesome. So, you know, I commend you guys for identifying the problems and
listening to my -- you know, nay recommendations, and implementing a lot of them.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: This number you project in here already taking place, right?
You already been able to reduce the amount oj'time that it takes. One of the biggest
complaint I hear from individual is -- and I guess you're going to have to train your
staff also on how to comply with this, because this looks very good, but if'you don't
have the personnel to enforce it, it becomes a problem. So I guess you do have to
train. your -- One of the biggest problem I hear from a lot of'the people that complain
is, they will go into a department. They'll look at the plans. They'll give some
recommendation. They go in, they do their recommendation. They come back.
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Somebody else looks at it, the same plans, and they don't agree with it. They ask for
some additional change, so they got to be going back and forth. I hope this could be
handled. And the other question is, how much of this -- maybe small permits -- can be
done at the NET (Neighborhood Enhancement Team)Office? At one time, we used to
do that, and it made it a lot easier for you all and for the people in the NET office.
Mr. Camero: We will look into that.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Please.
Commissioner Carollo: Thank you, Mr. Chairman. And I think we touched a little bit
about -- upon this, but I want to make sure we -- I'm clear, because one of the things
that I've seen through this process, not only does it take a long time, but very
inefficient. Is it possible now for have -- to have two or three departments doing the
review at the same time? Because what happens is it takes -- you have -- it has to go
through this department, let's say, Building, three months; and it goes to another
department, let's say, Public Works, another three months; then it goes to another --
So is it possible to have it online so that all the departments can be working in
parallel paths?
Daniel J. Alfonso (City Manager): No.
Mr. Camero: Today, we don't have that capability.
Chair Hardemon: Can you speak into the --
Mr. Alfonso: Right. As of right now, Commissioner, we do not have that capability.
That is part of the things that we're looking at to develop.
Commissioner Carollo: And that's where I want to go, because 1 think that's where
we have to be, even -- I'll be honest with you -- with our own CIP Department. I've
tried to drill down and drill down on why it takes so long. Like 1 said, we pass it here
in Commission, and it's more than a year, way more than a year before we actually
get a shovel in the ground. And when we ask why, and I start drilling down, well,
three months here, this department; three months in that department. And I'm
wondering, can we have it online, where we could work in parallel paths --
Mr. Camacho: That is the --
Commissioner Carollo: -- and have all the different departments working at the same
time?
Mr. Camero: -- electronic plan review portion that we're doing.
Commissioner Carollo: And that's where I think we need to be.
Mr. Camero: Yes.
Commissioner Carollo: Okay.
Commissioner Suarez: The County has it, so it's not like (UNINTELLIGIBLE).
Commissioner Carollo: Right. It's not like it's impossible to do.
Commissioner Suarez: All right, cool.
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Chair Hardemon: I'd like to say "thank you "for going through that exercise. This is
one of the major issues I think that's been facing the City, ofMiami when it comes to a
customer relation standpoint. People who want to spend money within our
communities are frustrated with the process, and, you know, sometimes when people
come to its and express this frustration, it's hard to determine whether or not what
they're saying is 100 percent the truth or is it just their perspective about things. And
so, to see the Administration take a look at it and say, `No, we have some issues here
that we need to address, and this is how we're going to address them. " I appreciate
that, and I'm sure everyone who goes through the process, not just the people who are
applying, but especially those homeowners who have no idea about the process, who
hires someone to fax their fence, and then that person, you know, could possibly take
advantage of them, because they -- people just don't have the access to the
information to understand. So even looking at the website that'll show you, you know,
the basics about the fence permit, at least I'm educated now, so I could still go out and
hire someone to do it for me, but when they tell nae something that doesn't make sense,
based off the information that I got from the City of Miami, I can address them with
that. And so, I appreciate that. I'm sure there are a lot of people who go through this
process that appreciate that, and I just want you all to know that.
Mr. Alfonso: Mr. Chairman, one thing --
Chair Hardemon: Yes.
Mr. Alfonso: -- more thing that we did, especially for the single-family homes and the
people that are managing their own projects, where they don't have professional
runners, we actually -- not only do we have the desk.f om the Building Department
that's down in the lobby; we also added an additional customer service person at the
front desk, where the security guard is, to catch those lost souls that walk in, that they
don't know where they're going, and kind of try to direct them, and that's a NET
employee that's there now a hundred percent of the time, so.
Chair Hardemon: Thank You. Commissioner Gort.
Commissioner Gort: You know, discussing about we make a decision here, and it gets
implement -- the funds are there; we make the decision; it takes a year and a half to
two years to get it done. Sometimes the -- when I complain about it, they tell me it
takes a long time for them to get a permit. I think City project should take priority
front of any other; because the City projects benefit the whole city rather than
individuals. So that's something, my understanding, thev have to go through a
process, (UNINTELLIGIBLE), and it takes for them a long time to get all the permits
and --
Mr. Alfonso: We could have a very lengthy discussion as to whv� some projects take a
long time. When we talk about projects taking a long time overall, we could have a
very lengthy, discussion about that, but I'm just going to say that, you know, when we
approve -- when the Commission approves a project here, the project is at zero, and
so at that point --
Commissioner Gort: No. I know.
Mr. Alfonso: -- then we have to go procure the architect, get the design --
Commissioner Gort: Well, I can tell you the whole project.
Mr. A fonso: Right.
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Commissioner Gort: First you have to go to design; design takes about three month.
Then after you get design, then you have to go for an RFP (request for proposals).
The RFP, putting it together, takes another three month.
Mr. Alfonso: Absolutetv.
Commissioner Gort: And after you select the person that going to do the job, then it
takes two or three month to get the contract so they can implement it, and then they
have to go through --
Mr. Alfonso: Assuming there's no protest in between.
Commissioner Gort: -- then they have to go through -- of course. Then they have to
go through the permitting. The permitting takes another three to four month, and
that's why it takes that long.
Mr. Alfonso: And we come back. for award to the contract as well, so.
Commissioner Gort: And sometime the grants expire.
Mr. Alfbnso: That's happened before.
Commissioner Gort: Thank you.
Chair Hardemon: Thank you very much.
Commissioner Gort: Thank you. 1 think that's --1 would like to get a copy of that.
Mr. Camero: Thank you.
Mr. Sarasti: Thank You.
END OF DISCUSSION ITEMS
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PART B: PZ - PLANNING AND ZONING ITEMS)
Chair Hardemon: Mr. City Attorney, can you read us the rules for the Planning &
Zoning?
Barnaby Min (Deputy City Attorney): Yes, Mr. Chairman. PZ (Planning & Zoning)
items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before
any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk.
Please note, Commissioners have been briefed by City staff and the City Attorney on
items on the agenda today. The members of the City Commission shall disclose any
ex parte communications to remove the presumption of prejudice, pursuant to Florida
Statute, Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code. Any
person may be heard by the City Commission through the Chair for not more than two
minutes on any proposition before the City Commission, unless modified by the Chair.
If the proposition is being continued or rescheduled, the opportunity to be heard may
be at such later date before the City Commission takes action on such proposition.
The Chairman will advise the public when the public may have the opportunity to
address the City Commission during the public comment period. When addressing
the City Commission, the member of the public must first state his or her name, his or
her address, and what item will bespoken about. A copy of the agenda item titles will
be available at the City Clerk's Office and at the podium for ease of reference. Staff
will then briefly present each item to be heard. For applications requiring City
Commission approval, the applicant will then present its application or request to the
City Commission. If the applicant agrees with the staff recommendation, the City
Commission may proceed to its deliberation and decision. The applicant may also
waive the right to evidentiary hearing on the record. The order of presentation shall
be as set forth in Miami 21 and in the City Code, providing that the appellant shall
present first. For appeals, the appellant will present its appeal to the City
Commission followed by the appellee. Staff will be allowed to make any
recommendation they may have. All persons testifying must be sworn in. The Citv of
Miami requires that anyone requesting action by the City Commission must disclose
before the hearing anything provided to anyone for agreement to support or withhold
objection to the requested action, pursuant to City Code Section 2-8. Any documents
offered to the Citv Commissioners that have not been provided seven days before the
meeting as part of the agenda materials will be entered into the record at the City
Commission's direction. If any Commissioner thinks that the documents supplied to
the Commission less than seven days before merit a continuance, the item may be
continued by the Citv Commission. Thankyou, Mr. Chairman.
Chair Hardemon: Thank you very much. Mr. Garcia, PZ.3, is that to be withdrawn?
Francisco Garcia (Senior Director, Planning & Zoning): Yes, sir.
Chair Hardemon: Okay. So I'll withdraw that from the agenda. So we have PZ I
and PZ.2 that will be heard?
Mr. Garcia: And as pertains to PZ I -- for the record, Francisco Garcia, Planning &
Zoning director -- we are also requesting that that be continued to April 27, the
Planning & Zoning meeting of the month of April. And we have discussed this with
the applicants, and they are in agreement.
Commissioner Carollo: PZ. 1, April 27.
Commissioner Suarez: Deferred?
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Chair Hardemon: And PZ.2 we'll be hearing?
Mr. Garcia: Please, yes.
Chair Hardemon: Okay. So I'd like to ask for a motion to defer PZ.1 and withdraw
PZ 3.
Commissioner Carollo: So moved.
Commissioner Carollo: Second.
Chair Hardemon: Properly moved and seconded. Any further discussion? Hearing
none, all in. favor, say "aye. if
The Commission (Collectively): Aye.
Chair Hardemon: That motion passes.
The following item(s) shall not be considered before 2:00 PM
PZ.1
ORDINANCE Second Reading
1049
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning and
NO. 13114, AS AMENDED, BY CHANGING THE ZONING
Zoning
CLASSIFICATION OF THE PROPERTIES LOCATED AT
ABSENT:
APPROXIMATELY 1247 SOUTHWEST 4 STREET AND 1244
SOUTHWEST 3 STREET, MIAMI, FLORIDA, FROM T4 -L, "GENERAL
URBAN TRANSECT ZONE - LIMITED", TO T5-0, "URBAN CENTER
TRANSECT ZONE - OPEN"; ACCEPTING THE VOLUNTARY
PROFFER OF A RESTRICTIVE COVENANT RUNNING WITH THE
LAND; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Note for the Record: Item PZ.1 was deferred to the April 27, 2017 Planning and
Zoning Commission Meeting.
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PZ.2
ORDINANCE Second Reading
1690
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
Planning and
OF MIAMI, FLORIDA, AMENDING ARTICLE 5, SECTION 5.6.1(G),
"BUILDING
Zoning
ENTITLED DISPOSITION (T6)" TO ALLOW PROPERTIES
ABSENT:
IN T6-24 TO TAKE ADVANTAGE OF EXISTING PROVISIONS
ALLOWING PROPERTIES IN T6-36 AND ABOVE TO HAVE NO
FRONTAGE SETBACKS ABOVE THE EIGHTH FLOOR FOR A
FRONTAGE FACING A CIVIC SPACE OR RIGHT-OF-WAY SEVENTY
FEET OR GREATER IN WIDTH; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13669
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Gort, Carollo, Suarez
ABSENT:
Russell
Commissioner Suarez: Move PZ.2.
Commissioner Carollo: Second.
Chair Hardemon: PZ.2 has been properly moved and seconded. Is there anyone
from the public that'd like to speak on item PZ.2? Seeing none, is there any further
discussion on PZ.2? Hearing none, all in favor of it, say "aye. "
The Commission (Collectively): Aye.
Todd B. Hannon (City Clerk): Cham, it is an ordinance.
Chair Hardemon: Oh, I'm sorry. Apologize. Can you read it into the record, please,
PZ.2?
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Mr. Hannon: Roll call on item PZ.2.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading, 4-0.
Francisco Garcia (Senior Director, Planning & Zoning): Thank you.
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PZ.3
ORDINANCE First Reading
1579
AN ORDINANCE OF THE MIAMI CITY COMMISSION TO
Department of
AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE
Planning and
OF THE CITY OF MIAMI, AS AMENDED, SPECIFICALLY BY
Zoning
AMENDING ARTICLE 1, SECTION 1.2, ENTITLED
"DEFINITIONS OF TERMS," TO ADD DEFINITIONS FOR
COMMERCIAL SHORT-TERM RENTAL, HOME SHARE
SHORT-TERM RENTAL, SHORT-TERM RENTAL, AND
TEMPORARY SHORT TERM RENTAL; BY AMENDING
ARTICLE 6, ENTITLED "SUPPLEMENTAL REGULATIONS," TO
ADD SECTION 6.3.6, ENTITLED "SHORT-TERM RENTALS," TO
ADD SUPPLEMENTAL REGULATIONS FOR MULTIPLE
CATEGORIES OF SHORT-TERM RENTALS; AND BY
AMENDING ARTICLE 7, ENTITLED "PROCEDURES AND
NONCONFORMITIES," TO ADD SECTION 7.2.1.10, ENTITLED
"SHORT-TERM RENTAL PERMIT," TO ESTABLISH AN
APPLICATION PROCESS FOR SHORT-TERM RENTALS, AND
AN ADMINISTRATIVE PROCESS TO TRACK AND REGULATE
SHORT-TERM RENTALS; CONTAINING A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Frank Carollo, Commissioner
SECONDER: Francis Suarez, Commissioner
AYES: Hardemon, Gort, Carollo, Suarez
ABSENT: Russell
END OF PLANNING AND ZONING ITEM(S)
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M - MAYOR AND COMMISSIONERS' ITEMS
CITYWIDE
HONORABLE MAYOR TOMAS REGALADO
END OF CITYWIDE ITEMS
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City Commission Meeting Minutes March 9, 2017
D1 - DISTRICT 1
COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT
END OF DISTRICT 1 ITEMS
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D2 - DISTRICT 2
VICE CHAIR KEN RUSSELL
END OF DISTRICT 2 ITEMS
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D3 - DISTRICT 3
COMMISSIONER, DISTRICT THREE FRANK CAROLLO
END OF DISTRICT 3 ITEMS
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D4 - DISTRICT 4
COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ
END OF DISTRICT 4 ITEMS
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D5 - DISTRICT 5
CHAIR KEON HARDEMON
END OF DISTRICT 5 ITEMS
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FL - FUTURE LEGISLATION
END OF FUTURE LEGISLATION
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NA - NON -AGENDA ITEMS
NA.1 DISCUSSION ITEM
1981 MS. CECILIA STEWART COMMENDED ASSISTANT CITY
Office of the City MANAGER NZERIBE IHEKWABA AND ASSISTANT PUBLIC
Clerk WORKS DIRECTOR WADE SAUNDERS FOR THEIR
EXCEPTIONAL CUSTOMER SERVICE.
RESULT: DISCUSSED
Chair Hardemon: Before we move on any further, I want to give this young lady an
opportunity to speak. I know she has something that she wants to state to the City
Manager and to the Administration, so I want to give her an opportunity before we
move on.
Cecilia Stewart: Good afternoon. Thankyou, Commissioner. And I want to.fzrst of
all say, "God bless you. for what you're doing in District 5. " If I wasn't made aware
of your efforts, I wouldn't have these nice accolades to say about the City Manager's
Office. So God continue to bless you and much success inyou helping District 5.
Cecilia Stewart, 1899 Northwest 1st Court. I'm giving recognition and
commendation to Dr. Ihekwaba, the City Manager; the Public Works director --
assistant director, Mr. Wade Sanders, .for prompt and exceptional customer service
for the removal of the concrete slabs that were left from years past, where the
garbage was collected in the rear of our homes in the Overtown community in the
alleyways. The gentlemen came out this morning; there were two, and they were
very, knowledgeable of their craft, and they were very courteous. So I say, keep up
the great work, Mr. Manager; an (UNINTELLIGIBLE) to your workers who work
very, diligently, ]just want to recognize them, because they don't get commendations
enough. The little men who do the job, who gets it done, I want to say, "Great job,
and continue on. " Thank you.
Chair Hardemon: Thank you very much.
Commissioner Gort: Thank you.
Daniel J Alfonso (City Manager): Thank you, Mr. Chairman. Thank you, Ms.
Stewart. I think we have some great staff, so thank you for recognizing them.
Chair Hardemon: You know, we also have the funds for the lighting. I'll just give
you some direction while were here, so she can hear it. Ms. Stewart came to a
meeting that we had about the alleyway projects that I'm having within the district,
and I informed her that I was not using the dollars that I had for that project in the
Overtown area because of *a number of other pockets of dollars that we have, but I
do know that we had some dollars that we were using for lighting, particularly in
Overtown, that we -- we had -- we made for the budget here. And so,, I know that we
were strongly considering -- well, one, upping the -- I don't know if you call them
"wattage " or 11ampiage " [sic], or whatever it's called,, but underneath the
expressway so that it's a little brighter under there on 1st Court where we have a lot
of the issues of drug sales and drug use. But also, I think that with the amount oj'
money that we have left over -- or the amount of money that we have in general, we
can add some additional lighting in the alleyway, especially near where she resides.
I think they have north/south alleyways in that area, so if' we could kind of work
together to add some decorative poles in that space where she is, and do the same
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type of concept that were doing in the District 5 Alleyway Project to that space so
that it can be something that they can use in the Overtown area, and it's pleasant,
instead of somewhere where people are hiding and using drugs, and actually doing a
lot of dumping. Ms. Stewart is someone that really helps not only ouroffice, but the
City, because she gets pictures. She has some pictures that I have in my "Outbox"
right now, where she has people who are actually dumping, in the process of
dumping, with their tag and their face clear as day. And she monitors many of the
trucks that come through in the area that are residential, where a truck should not
pass, and she takes pictures of their tags, et cetera. So she's a big help to its, and I
would hope that we utilize all the information that she has to enforce the rules in that
area.
Mr. Alfonso: We shall do.
Chair Hardemon: Yes. Thank you.
NA.2
RESOLUTION
1914
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING
GOVERNOR RICK SCOTT AND THE MEMBERS OF THE
Commissioners and
FLORIDA LEGISLATURE TO IMPLEMENT A COMPENSATION
Mayor
PACKAGE PROGRAM, PROVIDING FUNDING FOR BUSINESSES
ADVERSELY AFFECTED BY PROLONGED LARGE SCALE
FLORIDA DEPARTMENT OF TRANSPORTATION ROADWAY
CONSTRUCTION PROJECTS, ALONG BUT NOT LIMITED TO
FLAGLER STREET AND 1ST STREET, MIAMI, FLORIDA;
DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY
OF THIS RESOLUTION TO GOVERNOR RICK SCOTT AND THE
MEMBERS OF THE FLORIDA LEGISLATURE.
ENACTMENT NUMBER: R-17-0132
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Frank Carollo, Commissioner
SECONDER: Francis Suarez, Commissioner
AYES: Hardemon, Gort, Carollo
ABSENT: Russell, Suarez
Chair Hardemon: All right.
Burnaby Min (Deputy, City Attorney): Mr. Chair, I believe there is four pocket items,
and there's two shade meetings that need to be announced for the next Commission
meeting.
Commissioner Carollo: Mr. Chair.
Chair Hardemon: Yes.
Commissioner Carollo: #'I could present my pocket item?
Chair Hardemon: Absolutely.
Commissioner Carollo: Thank you, Mr. Chairman. I sent -- my office sent it; I
believe it was Friday of last week, and we all know the issue that we've been having
on Flagler Street and Southwest Ist Street. It's been well publicized. When Senator
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Jose Javier Rodriguez was here, I mentioned it, and we spoke about it. So I want to
see if we send a resolution to the Legislature. And it's a resolution of the Miami City
Commission urging the Governor and the members of the Florida Legislature to
implement a Compensation Package Program; providing funding for businesses
adversely affected by prolonged, large-scale Florida Department of Transportation
roadway construction projects along, but not limited to, Flagler Street and 1st
Street; and directing the City Clerk to transmit a certified copy of this resolution to
Governor Rick Scott and the members of the Florida Legislature.
Commissioner Gort: Mr. Chairman.
Commissioner Suarez: Second
Commissioner Carollo: So I move this item.
Commissioner Suarez: Second.
Chair Hardemon: Well --
Commissioner Gort: I'd like to offer a friendly amendment. We have a lot of
problem on Northwest 7th Avenue. A lot of the construction has been taking -- the
same. And the problem with -- people need to understand, the small businesses
depends on walk-in trade. When you have those problems taking place, walk-in
trades do not take place, so it affects them quite a bit, so 1 would like to add
Northwest 7th Avenue.
Commissioner Carollo: I'm okay with that amendment.
Commissioner Gort: Okay.
Commissioner Carollo: And you're right, Commissioner Gort. You know, City of
Miami, historically, has fostered an environment where small businesses and mom-
and-pop stores can compete in the open market, so I think it's very important that we
do this.
Chair Hardemon: So we'd like the language to actually be modified in it to include
Northwest 7th Avenue. I mean, that goes as far as -- south as --
Commissioner Carollo: From what street to what street?
Chair Hardemon: (UNINTELLIGIBLE). It's like -- it's almost -- the bridge. It's like
8-
-
Unidentified Speaker: 5th.
Chair Hardemon: 5th. It's 5th Street, north to almost 30 -- well, 62nd Street. Yeah,
because you (UNINTELLIGIBLE).
Commissioner Gort: Yeah.
Chair Hardemon: So that'll be a good amendment, I think, to add. I was with you --
Commissioner Carollo: Absolutely.
Chair Hardemon: -- ahead of you with that one, so. Is there any further discussion
about this item? Seeing none, all in favor of the item, say "aye. "
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The Commission (Collectively): Aye.
Chair Hardemon: Motion passes. That's one down.
NA.3
RESOLUTION
1908
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING
RESOLUTION NO. 17-0008, ADOPTED ON JANUARY 12, 2017,
Commissioners and
AND REPLACING IN LIEU THEREOF THIS RESOLUTION
Mayor
EXTENDING THE HOURS OF ALCOHOL SALES UNTIL 5:00 A.M.
PURSUANT TO SECTION 4-3.1(A)(7) OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND
WAIVING THE PROVISIONS OF SECTION 36-4(A) OF THE CITY
CODE CONCERNING THE PROHIBITION OF EXCESSIVE NOISE
AND MUSIC FOR THE WYNWOOD BUSINESS IMPROVEMENT
DISTRICT AND THE WYNWOOD CAFE DISTRICT FOR THE
MIAMI MUSIC WEEK FROM MARCH 24, 2017 THROUGH MARCH
26, 2017.
ENACTMENT NUMBER: R-17-0133
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Francis Suarez, Commissioner
SECONDER: Frank Carollo, Commissioner
AYES: Hardemon, Gort, Carollo, Suarez
ABSENT: Russell
Barnaby Min (Deputy City Attorney): I believe the Mayor also has a pocket item.
Mayor Tomas Regalado: I do have a pocket item, Mr. Chairman, and it's a
resolution rescinding Resolution Number 170008 that was adopted on January 12 of
this year, and replacing thereof this resolution extending the hours of alcohol sales
until 5 a. m., pursuant to Section 43 of the Code of the City of Miami, and waiving the
provision of Section 36-48 of the City Code, concerning the prohibition of excessive
noise music, for the Wynwood Business Improvement District and the Wvnwood Cafe
District for the Miami Music Week, from March 24 through March 26. What
happened was that the resolution approved in January had about 10 days, and the
Wynwood BID (Business Improvement District) is only requiring 2 days for the
waiver. So that's why the BID has asked that we bring this before you, so we -- if we
rescind the resolution back January for that many days, and we adopt this for these
two days only for Miami Music Week, which will be held March 24 --
Chair Hardemon: I believe it's a --
Mayor Regalado: That's a Friday -- to Sunday, March 26.
Chair Hardemon: Okay.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: I just want the record to properly reflect that the City of Miami
beat the Federal Government in its first repeal and replace ordinance, so we
repealed one and we replaced it all at one time. Just want everyone to know that.
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Commissioner Suarez: Duly noted.
Mayor Regalado: Well, we save eight days.
Chair Hardemon: Is there any further comment on this item? Is there anyone from
the public that'd like to speak on this item? Seeing none, all in favor; say "aye. "
The Commission (Collectively): Aye.
Mayor Regalado: Thank you.
Chair Hardemon: Yes, the motion passes.
NA.4 DISCUSSION ITEM
1980 DISCUSSION BY COMMISSIONER WIFREDO (WILLY) GORT
Office of the City REGARDING DELAYS IN THE FLAGLER STREET
Clerk BEAUTIFICATION AND RECONSTRUCTION PROJECT.
RESULT: DISCUSSED
Barnaby Min (Deputy City Attorney): 1 believe Commissioner Gort had a discussion
item.
Commissioner Gort: Mr. Chairman, I had a discussion item, but Commissioner
Russell, 1 know, is working on that. I received a letter, like we all did, from the -- an
organization 1 used to be president of in downtown Miami, complaining about the
Flagler Street. 1 know Commissioner Russell's working very close with DDA
(Downtown Development Authority) and trying to come up with the MOU
(Memorandum of Understanding) with the City so we can expedite the work there.
So I'll take it out, and the Commissioner will deal with it.
Chair Hardemon: Is there any other business?
Commissioner Suarez: Yep.
Mr. Min: And Mr. Chairman, I know there's one other pocket item that's a S o'clock
time certain (UNINTELLIGIBLE).
Commissioner Suarez: I have a time certain one. If we could do the executive
session, and if we come back -- and if we're early, we'll just do it; if not -- I mean, I
was waiting for a resident of mine, who actually has been an advocate, and she
couldn't make it here till S, but if we do our -- you know, our executive session and
we come back and were early, we'll just do it and -- if' that's okay with you guys,
since we're going to be here.
Mr. Min: And if you don't mind, while you're walking upstairs,, I'd like to read three
announcements --
Commissioner Suarez: Yeah, yeah.
Mr. Min: -- for the next meeting.
Commissioner Suarez: Thank you.
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Daniel J Alfonso (Ci(y Manager): Real quick, Mr. Chairman, Commissioner Gort,
for that discussion on Flagler, I think we're scheduling a personal appearance from
one of those groups on the first meeting in April. Would it be okay to have all that in
the first meeting in April together?
Mr. Min: I believe district -- I believe Commissioner Russell and his of --
Commissioner Russells office -- I believe Commissioner Russell's office had
requested that it be on March 23 for the DDA MOU.
Mr. Alfonso: Okay.
Commissioner Suarez: Is that okay? We're good? (UNINTELLIGIBLE). All right.
Mr. Min: Thank you.
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NA.5 ATTORNEY-CLIENT SESSION
1984 UNDER THE PARAMETERS OF SECTION §286.011(8), FLORIDA
Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE
Clerk CONDUCTED AT THE MARCH 23, 2017 MIAMI CITY
COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF
MIAMI COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION CASE OF 1000 BRICKELL, LTD.,
F/K/A 1000 BRICKELL, INC., AND KAI PROPERTIES, LTD. V. CITY
OF MIAMI, CASE NO. 14-11755 CA 23, PENDING IN THE CIRCUIT
COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY
A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED
TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS
RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE
MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS
SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES
PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER.
THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE
CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-
CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO
"WILLY" GORT, FRANK CAROLLO, AND FRANCIS X. SUAREZ;
THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY
ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS
JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR
GENERAL LITIGATION CHRISTOPHER A. GREEN AND DIVISION
CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ-
RIVAS. A CERTIFIED COURT REPORTER WILL BE PRESENT TO
ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND
THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE
CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION.
AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION,
THE REGULAR COMMISSION MEETING WILL BE REOPENED
AND THE PERSON CHAIRING THE COMMISSION MEETING WILL
ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT
SESSION.
RESULT: DISCUSSED
Burnaby Min (Deputy, City Attorney): Mr. Chairman and members of the City
Commission, pursuant to the provisions of Section 286.011(8), Florida Statutes, City
Attorney is requesting at the City Commission meeting of March 23, 2017, an
attorney-client session, closed to the public, be held for the purpose of discussing the
pending litigation in the matter of 1000 Brickell, Limited, formerly known as 1000
Brickell, Inc., and Kai Properties, Limited, versus City of Miami, Case Number 14-
11755 CA 23, pending in the Circuit Court of the Eleventh Judicial Circuit, in and
for Miami -Dade County. The subject of the meeting will be confined to settlement
negotiations and strategy discussions. This private meeting will begin at
approximately 3 p. m., or as soon thereafter as the Commissioners' schedules permit,
and conclude approximately one hour later. The session will be attended by the
members of the City Commission: Chairman Keon Hardemon, Trice Chairman Ken
Russell, and Commissioners Wifredo "Willy" Gort, Frank Carollo, and Francis S
Suarez; City Manager Daniel J. Alfonso; City Attorney Victoria Mendez; Deputy
City Attorneys John Greco and Barnaby Min; Division Chief for General Litigation
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Christopher Green, and Division Chief for Land Use Transactions Rafael Suarez -
Rivas. A certified court reporter will be present to ensure that the session is fully
transcribed, and the transcript will be made public upon the conclusion of the above-
cited ongoing litigation. At the conclusion of the attorney-client session, the regular
Commission meeting will be reopened, and the person chairing the Commission
meeting will announce the termination of the attorney-client session.
NA.6 ATTORNEY-CLIENT SESSION
1985 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE
Clerk CONDUCTED AT THE MARCH 23, 2017 MIAMI CITY
COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF
MIAMI COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION CASE OF ALEXIS STEVENS V. CITY
OF MIAMI, CASE NO. 15-23931, PENDING BEFORE THE UNITED
STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF
FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE
SUBJECT OF THE MEETING WILL BE CONFINED TO
SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS
RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE
MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS
SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES
PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER.
THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE
CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-
CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO
"WILLY" GORT, FRANK CAROLLO, AND FRANCIS X. SUAREZ;
THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY
ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS
JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR
LABOR AND EMPLOYMENT KEVIN R. JONES; AND ASSISTANT
CITY ATTORNEYS KERRI L. MCNULTY, STEPHANIE K. PANOFF
AND BARBARA A. DIAZ. A CERTIFIED COURT REPORTER WILL
BE PRESENT TO ENSURE THAT THE SESSION IS FULLY
TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC
UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING
LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT
SESSION, THE REGULAR COMMISSION MEETING WILL BE
REOPENED AND THE PERSON CHAIRING THE COMMISSION
MEETING WILL ANNOUNCE THE TERMINATION OF THE
ATTORNEY-CLIENT SESSION.
RESULT: DISCUSSED
Barnaby Min (Deputy City Attorney): Additionally, Mr. Chairman and members of
City Commission, pursuant to the provisions of'Section. 286.011(8), Florida Statutes,
City Attorney is requesting at the City Commission meeting of March 23, 2017, an
attorney-client session, closed to the public, be held for the purpose of'discussing the
pending litigation in the case of Alexis Stevens versus City of Miami, Case Number
15-23931, before the United States District Court for the Southern District of
Florida, to which the City is presently a party. The subject of the meeting will
confined to settlement negotiations and strategy sessions related to litigation
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expenditures. This private meeting will begin at approximately 3 p.m., or as soon
thereafter as the Commissioners'schedules permit, and conclude approximately one
hour later. The session will be attended by the members of the City Commission,
which include Chairman Keon Hardemon, Vice Chairman Ken Russell;
Commissioners Wifredo "Willy" Gort, Frank Carollo, and Francis S. Suarez; Citv
Manager Daniel J. Alfonso; the City Attorney Victoria Mendez; Deputy City
Attorneys John Greco and Barnaby Min; Division Chief of Labor and Employment
Kevin Jones; and Assistant City Attorneys Kerri McNulty, Stephanie Panoff, and
Barbara Diaz. A certified court reporter will be present to ensure that the session is
filly transcribed, and the transcript will be made public upon the conclusion of the
litigation. At the conclusion of the attorney-client session, the regular Commission
meeting will be reopened, and the person chairing the Commission meeting will
announce the termination of the attorney-client session.
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NA.7 ATTORNEY-CLIENT SESSION
1986 UNDER THE PARAMETERS OF SECTION §286.011(8), FLORIDA
Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE
Clerk CONDUCTED AT THE MARCH 23, 2017 MIAMI CITY
COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF
MIAMI COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION CASES OF WALTER E. HEADLEY,
JR., MIAMI LODGE #20, FRATERNAL ORDER OF POLICE, INC. V.
CITY OF MIAMI, CASE NO. SC13-1882, PENDING BEFORE THE
FLORIDA SUPREME COURT, WALTER E. HEADLEY, JR., MIAMI
LODGE #20, FRATERNAL ORDER OF POLICE, INC. V. CITY OF
MIAMI, CASE NOAD12-2116, PENDING BEFORE THE FLORIDA
FIRST DISTRICT COURT OF APPEAL, AND MIAMI ASSOCIATION
OF FIRE FIGHTERS, LOCAL 587, OFTHE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS V. CITY OF MIAMI, CASE NO.
SC14-1627, PENDING BEFORE THE FLORIDA SUPREME
COURT, TO WHICH THE CITY IS PRESENTLY A PARTY. THE
SUBJECT OF THE MEETING WILL BE CONFINED TO
SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS
RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE
MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS
SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES
PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER.
THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE
CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-
CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO
"WILLY" GORT, FRANK CAROLLO, AND FRANCIS X. SUAREZ;
THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY
ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS
JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR
LABOR AND EMPLOYMENT KEVIN R. JONES; ASSISTANT CITY
ATTORNEYS STEPHANIE K. PANOFF AND BARBARA DIAZ;
LUKE SAVAGE, ESQ.; AND MICHAEL MATTIMORE, ESQ. A
CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE
THAT THE SESSION IS FULLY TRANSCRIBED AND THE
TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION
OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE
CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE
REGULAR COMMISSION MEETING WILL BE REOPENED AND
THE PERSON CHAIRING THE COMMISSION MEETING WILL
ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT
SESSION.
RESULT: DISCUSSED
Barnaby Min (Deputy City Attorney): Finally, Mr. Chairman, members of'the City
Commission, pursuant to provision of Section. 286.01 [sic],, Subsection 8, Florida
Statutes, City Attorney is requesting at the Cit), Commission of March 23, 2017, an
attorney-client session, closed to the public, be held for the purpose of'discussing the
pending litigation in the following case: Headley versus City of'Miami, Case Number
SC -13-1882, pending before the Florida Supreme Court; Hadley versus City of
Miami, Case Number 1012-2116, pending before the Florida First District Court of
Appeal; and International Association of Firefighters, Local 587, versus City of
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Miami, Case Number SC -14-1627, pending before the Florida Supreme Court, to
which the City is presently a party. Subject of the meeting will col!fined to settlement
negotiations or strategy discussions. This meeting will begin at approximately 3
p.m., or as soon thereafter as the Commissioners' schedules permit, and then
conclude approximately one hour later. The session will be attended by the members
of the City Commission, which include Chairman Keon Hardemon, Vice Chairman
Ken Russell; Commissioners Wifredo "Willy" Gort, Frank Carollo, and Francis
Suarez; City Manager Daniel J. Alfonso; City Attorney Victoria Mendez; Deputy
City Attorneys John Greco and Barnaby Min; Division Chief for Labor and
Employment Kevin R. Jones; Assistant City Attorneys Kevin R. -- Stephanie Panoff,
Barbara Diaz, Luke Savage, Esquire, and Michael Mattimore, Esquire. A certified
court reporter will be present to ensure that the session is fully transcribed, and the
transcript will be made public upon conclusion of the litigation. At the conclusion of
the attorney-client session, the regular Commission meeting will be reopened, and
the person chairing the Commission meeting will announce the termination of the
attorney-client session. Thankyou, sir.
Todd B. Hannon (City Clerk): For the record, the meeting stands in recess.
NA.8
RESOLUTION
1905
A RESOLUTION OF THE MIAMI CITY COMMISSION
Commissioners and
SUPPORTING SENATE BILL 1682 AND HOUSE BILL 1237
Mayor
AMENDING CHAPTER 718, FLORIDA STATUTES, ENTITLED
"CONDOMINIUM
ACT", TO PROTECT THE WELFARE OF
RESIDENTS AND OWNERS OF CONDOMINIUMS IN THE STATE
OF FLORIDA IN A MANNER CONSISTENT WITH THE
RECOMMENDATIONS MADE IN THE FINAL REPORT OF THE
MIAMI-DADE COUNTY GRAND JURY, SPRING TERM A.D. 2016
("GRAND JURY REPORT"); DIRECTING THE CITY MANAGER TO
ADD TO THE CITY'S 2017 LEGISLATIVE PRIORITIES SUPPORT
FOR SAID AMENDMENTS; FURTHER DIRECTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
OFFICIALS NAMED HEREIN.
ENACTMENT NUMBER: R-17-0119
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Frank Carollo, Commissioner
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Gort, Carollo, Suarez
ABSENT: Hardemon, Russell
Commissioner Suarez: And if you can go ahead and pass it out to the three
Commissioners who are here. It's very straightforward. It's just supporting Senate
Bill 1682 and House Bill 1237.
Commissioner Carollo: Move it.
Commissioner Gort: Second. It's already been moved and second.
Commissioner Carollo: Absolutely.
Commissioner Suarez: All right. All in favor, signify by saying "aye. "
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City Commission Meeting Minutes March 9, 2017
The Commission (Collectively): Aye.
Commissioner Suarez: Passes unanimously. Thank you.
Commissioner Carollo: Do we adjourn?
Commissioner Gort: It should have been coming a long time ago.
Barnaby Min (Deputy City Attorney): That's the end of the meeting.
Commissioner Gort: Move to adjourn.
Commissioner Carollo: Meeting adjourned. Moved.
Commissioner Gort: Thank you.
ADJOURNMENT
The meeting adjourned at 4:55 p.m.
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