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Home My WebLink AboutCC 2017-07-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com i ! # I N C 0 RP ARATTn '7E Meeting Minutes July 27, 2017 9:00 AM Planning and Zoning City Hall City Commission Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Frank CaroYo, Commissioner, District Three Francis Suarez, Commissioner, District Four Tomas Regalado, Mayor Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes July 27, 2017 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Suarez On the 27th day of July, 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 9:09 a.m., recessed at 12:29 p.m., reconvened at 3:01 p.m., recessed at 9:54 p.m., reconvened at 10:59 p.m., and adjourned at 11:08 p.m. Note for the Record. Commissioner Suarez entered the Commission chambers at 9:15 a.m., Vice Chair Russell entered the Commission chambers at 9:19 a.m., and Commissioner Carollo entered the Commission chambers at 9:39 a.m. ALSO PRESENT. Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd R Hannon, City Clerk Chair Hardemon: Welcome to the July 27, 2017 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are: Wifredo Gort, Frank Carollo, Francis Suarez; Ken Russell, the Vice Chair; 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 Gort, and the Mayor will lead us with the pledge of allegiance. All rise, please. Invocation and pledge of allegiance delivered. PART A — NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS Honoree Presenter Protocol Item Rene Pedrosa Mayor Regalado Salute Channel 41 Mayor Regalado Salute 1) Mayor Regalado and Commissioners paid highest tribute to Mr. Rene Pedrosa, correspondent for TV Channel 41, for the production of the series Rio Miami, Dos Orillas, Una Ciudad (Miami River, Two Shores, One City). Mr. Pedrosa, long-time TV and radio reporter, worked for three (3) months researching and filming on the Miami River; a three- part series narrating the history of this waterway, its difficult times and its current bonanza. Rio Miami, Dos Orillas, Una Ciudad is a detailed report of the growth and transformation of the River from a dormant and abandoned warehouse district to a bustling, commercially viable area with dozens of restaurants, apartment buildings, and newly -sprung marine businesses. Elected Officials paused in their deliberations of governance to honor and commend Rene Pedrosa for his invaluable service to the City of Miami in producing the series. City of Miami Page 1 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 2) Mayor Regalado and Commissioners paid highest tribute and saluted TV Channel 41 for its three-part documentary series Rio Miami, Dos Orillas, Una Ciudad (Miami River, Two Shores, One City). Channel 41 invested considerable resources to produce this series, aired on May 8th, 9th, and 10th on prime time, each segment about six (6) minutes long; and then again aired the entire documentary on May 13th in a half-hour special Program. Rio Miami, Dos Orillas, Una Ciudad is a detailed report of the growth and transformation of the Miami River from a sleepy, abandoned warehouse district into a bustling, commercially viable area with dozens of restaurants, apartment buildings, and newly -sprung marine businesses. This impressive documentary will most certainly be a candidate for an Emmy, the most prestigious award in the television industry, in the category of Human Interest News Series. Chair Hardemon: We will now make presentations and proclamations. Mr. Mayor, you're recognized. Presentations and proclamations made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Planning and Zoning - May 25, 2017 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Chair Hardemon: All right. So at this time, what I'll do is, I'll ask for a motion to approve the City Commission Planning & Zoning minutes. Commissioner Suarez: So moved. Chair Hardemon: Been properly moved and seconded by the Chair to approve AM..]. Any further discussion on that item? Commissioner Gort: No. Chair Hardemon: Seeing none, all in favor, say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion shall pass. MV - MAYORAL VETOES NO MAYORAL VETOES Chair Hardemon: Mr. City Clerk, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. City of Miami Page 2 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 ORDER OF THE DAY Chair Hardemon: Thank you very much. END OF MAYORAL VETOES Chair Hardemon: We will now begin our regular meeting. The City Attorney will state the meeting -- the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you, Chairman. Good morning. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office, or online on wwwmunicode. com [sic]. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the proper disclosures, as required in the City Code, in writing. A copy of this Code section is available in the City Clerk's Office, or online at wwwmunicode.com [sic]. The material for each item on the agenda today is available during business hours at the City Clerk's Office, and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public may state his or her first name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications, or viewed online at wwwmiamigov. com [sic]. No cell phones or other noise -making devices are permitted in Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in 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 disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are either being withdrawn, deferred, or substituted. Thank you. Chair Hardemon: You're recognized, sir. Daniel J. Alfonso (City Manager): Thank you, Mr. Chairman. Good morning, Commissioners. Commissioner Suarez: Morning. City of Miami Page 3 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Alfonso: For today, we're requesting to defer FR.1 to September 14; and RE. 12 to, also, September 14. There are a number or PZ (Planning & Zoning) items that are going to be deferred or continued, but those will come up later. Commissioner Suarez: So moved. Todd B. Hannon (City Clerk): Chair. Commissioner Suarez: Is there more? Vice Chair Russell: I doubt there'll be more. Mr. Hannon: Chair, I would also like to respectfully request that item SR.3 be deferred to September 14. Commissioner Suarez: So moved, as articulated by the Manager and the City Clerk. Chair Hardemon: Are there any other deferrals, withdrawals, or continuances? I want to add in CA. 1. Vice Chair Russell: CA.1 to defer? Chair Hardemon: Yes. Mr. Hannon: And Chair, is that to September 14? Chair Hardemon: I think we can continue it to the next like meeting. Mr. Hannon: Understood, sir. Chair Hardemon: Are there any other continuances, deferrals, or withdrawals? Seeing none, I'll entertain that motion made by Commissioner Suarez, to include FR.1, RE. 12, SR.3 and CA. 1. Mayor Tomks Regalado: Chairman. Chair Hardemon: Mr. Mayor, you're recognized. Mayor Regalado: On the Consent Agenda, Mr. Chairman, on CA. 14, we just need to make an amendment. And as a matter of fact, today we have -- Chair Hardemon: Before we do that, Mr. Mayor, we just want to take the vote on the continuance, and then we can make the amendment to -- Mayor Regalado: Okay. Chair Hardemon: -- CA.14. Chair Hardemon: Is there any further --? It's been moved, seconded by the Chair. Is there any further discussion about the motion on the floor? Seeing none, all in favor; say aye. Py The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 4 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Later... Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. Vice Chair Russell: Thank you. I know there's several residents here to speak on the Jungle Island issue, and a representative of Jungle Island asked if he could speak for just a moment, before the residents. Is thatpossible? Chair Hardemon: Please. Alexander Tachmes: Thank you, Mr. Chairman and Commissioner Russell. For the record, Alex Tachmes, with Shutts and Bowen, 200 South Biscayne Boulevard, representing ESJ Capital Partners. Joining me today is -- are Arnaud Sitbon and Gabriel Amiel , who are principals; and Elie Mimoun, our chief operating officer. Mr. Chair, we would like to defer until the next Commission meeting items RE.4 and RE. 5, relating to Jungle Island. We have had some excellent discussions with the neighbors of the Venetian Causeway area, and they -- The discussions have been very productive, but we need a bit more time to work out issues between the parties, but we are optimistic we'll be able to resolve them. We still believe the hotel project will bean amazing project for families and for residents, as well as for the City's economy, but we want to make sure that it's done in a transparent way. And the residents need more time; we want more time with them. So we would like to thank the Mayor, and Commissioner Russell, and especially the residents, for their time in meeting with us. And lastly, Mr. Chair, since there's a number of residents here, we just thought we would bring it up now, so everyone doesn't have to wait three to four hours to find out the item will be deferred. Chair Hardemon: Now, I appreciate that. So the Chair would like to entertain a motion to defer -- Vice Chair Russell: Indefinitely. Chair Hardemon: -- indefinitely items RE. 4 and RE. S; and also, a motion to defer to the September 14 meeting RE. IL Victoria Mendez (City Attorney): Chairman, I'm sorry. I don't think -- Are they still planning to make the November ballot? Chair Hardemon: No. Commissioner Carollo: No. Chair Hardemon: Not with a deferral. Ms. Mendez: Okay, because I wanted to be clear that if you get on the -- Okay, thank you. Chair Hardemon: So is there a motion to approve, as I stated? Vice Chair Russell: I'll move it. Commissioner Carollo: Second. Chair Hardemon: Seconded by Commissioner Carollo. All in favor of the motion, say aye. Py City of Miami Page 5 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 The Commission (Collectively): Aye. Chair Hardemon: All against? That motion shall carry. Mr. Tachmes: Thank you very much. Chair Hardemon: Thank you very much. City of Miami Page 6 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 lea»:�'%7ki Fill wel»mrel:7elki[*];K PA.1 PERSONAL APPEARANCE 2601 PERSONAL APPEARANCE BY MADAME RENITA HOLMES REGARDING WOMEN IN LEADERSHIP IN PUBLIC HOUSING EDUCATION, THE STATUS OF WOMEN IN MIAMI INTERCITY COMMUNITY, WOW PRESENTATION, AND IMPACT OF VIOLENCE. ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. RESULT: PRESENTED Chair Hardemon: There are -- there is a personal appearance; Ms. Renita Holmes. Is Ms. Renita Holmes present? Seeing that she's not present, I'm going to move forward. Later... Chair Hardemon: Okay. We can move now -- Okay. Before we move into our second reading ordinances, we did have an agenda item that was -- that -- a personal -- a matter of a personal appearance where Ms. Holmes was not present at the time that she was called, so I'll allow her to speak at this time. On your personal appearance, you have five minutes to address this body. Renita Holmes: Good afternoon. I'm sorry about that. I'd like to offer my apologies. However, today was my first day of actually receiving STS (Special Transportation Service) services. I know you're accustomed in the last several years to having me here on time. However, because of my disability and because of my illness, it has required that I utilize that, among other things, and basically, just touch the subject today. If you would bear with me just a bit; it's very hot outside. And your accommodation, reasonable accommodation in allowing me to access you today, I really appreciate it. I'd like to thank in advance the City Manager's Office and Ms. Ofelia, and several other division from Procurement that basically have accompanied me. If you may see, there are several copies. I believe that it was passed out to you; if not, that's done, and I'll try my best to be as expedient as possible. My first time again, so progress is perfect. I am Madam Renita DC Holmes. I am the executive director of Wave of Women in Public Housing, Education, Finance, and Development, better known as WOW (Wave of Women), over 37 years. I'm addressing today on behalf of empowering a powerful word in upward mobility in inner cities, removing economic barriers to inclusion of persons living and working with disability. You may not have all of that, the attachments there, but I've minimized them as much as possible to let you see that people with disabilities are here. We heard a lot on the agenda today, Commissioners, regarding access for elders, access for children, access for dogs. And although we may not look at it at the time, there are those of us that are working here that, while we may not look the part, we are stigmatized quite often, because we live in poor communities. Excuse me, gentlemen. As you see, I put -- insert ADA (Americans with Disabilities Act) law. The American Disabilities Act is many times overlooked. It is prevalent law when it comes to guiding us and making sure that those who are most challenged with disabilities are able to participate. And quite often, disabilities are just saw as being physical, but sometimes there are the ones you can't see. You can't look at me and see that I have half a lung. You can't see that I battle with City of Miami Page 7 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 cancer. You can't see that I have over 48 screws in my legs, and rods in my legs. You can't see a lot of other things that I don't want to say. But I don't want you to be -- detriment. I don't want anybody to feel sorry for me. I come here to work. A lot of times, when we see major projects, such as the Martin --projects here -- we don't see where poor folks actually participate on a professional level. We put on T - Shirts. We hardly carry a briefcase. We see -- don't often see women, working mothers at home or young entrepreneurs that are representing, because, actually, as a class of ELIs (Extremely Low Income), we hardly ever come first in designing the process. I was the first business in public housing. I lived on 280 -some dollars a month, and bartered my way through for classes at Miami -Dade Community College to become a business secretary. Entrepreneurial courses then were subsidized at one point by Vote Rehab. But unfortunately for us, most of us live in the areas where you have major projects occur -- I think -- Am I doing this right? I got -- here, this is yours. How do we put this on your screen? Okay. It's not coming up. I'll continue, Commissioner, to read, although some of the -- As you can see, for example, this could be the World Trade Center. It could be your project. It could be you sitting around this major project. But your ability to build it because of your age or because of your level -- your age, whether you be a senior does not define your right to economic opportunity. To participate in planning and zoning, as you can see, requires a level of knowledge. And this is one of the major projects that's being discussed in my area. The women and the children and the young entrepreneurs, and the professionals that require a license, but live in the area where this commercial project is to be are required to pay for accessory and pay for some other fees, which we really don't have; but yet, others have been provided. And as an entitlement group, I'd like to tell you it would be great if these major projects had a pool of home-based business owners, like myself, who was taught by the City to be an environmental technician, a City of Miami's grant, Brownsville technician; City of Miami pre -law; programs that we funded through Page One to become CAD (Computer Aided Dispatch), when they had the CAD and engineer architect, taught by the IT (Information Technology) person in the back that -- and we were certified; the monies that we invested to teach us to be professionals when it comes to doing surveys and consulting. And there is no procurement cure for -- no procurement pool of persons with disability; but yet, we still pay just to use our brain issues. I've attached the Comprehensive Planning Law, which basically states, Commissioner, that you have the initiative and the ability to provide technical assistance to persons with disability, but when I look in the current budget, there is no special program or no budgeting for programs such as mine, which for 37 years, I've proven that you can come out of 200 and some dollars a month before you pay your subsidized rent and run a not-for-profit and for-profit, and be a professional architect, designer. And now, I'm working for my LEED (Leadership in Energy and Environmental Design) certifications, and about to prepare for LSAT (Law School Admission Test). However, there are things that we can do. Although we have federal funds that list us as a priority -- and I'm going as fast as I can, because I really understand these persons. We can create a licensing process. I spent over a year chasing technical assistance that used to be available for a person such as us to get licenses. This type of process, this innovative way of empowering us economically as persons with disability -- Chair Hardemon: Madam Holmes. Ms. Holmes: -- has provided -- Chair Hardemon: Your time expired a minute ago. Ms. Holmes: I didn't know, sir. I'm sorry. Chair Hardemon: So could you please come to a conclusion? City of Miami Page 8 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Ms. Holmes: But the -- Chair Hardemon: Please conte to a conclusion. Ms. Holmes: Oh, I'm about to close, because I'm doing it and my tinting -- I -- If I may, because a lot of time went in -- We used over 14 City employees in one day. That's over a thousand bucks. I have 20 other residents and members of my organization, this program. I would like the opportunity to present you better, but I guess reasonable accommodation really doesn't apply. The City Manager and some of his staff members, and those employees know there is no process now for us, although it's been provided for vendors, ex felons, and others, and even developers. It's no way to make it faster. I've invested a lot of time. This is the only impediment to me actually getting opportunities, and so, we're asking a special ask. We're asking that you provide funding for persons with disability to create jobs for our self. I'm asking that you help me to continue with 20 other persons who are about to graduate, like we did before and start a home-based business, so we'd increase opportunities, employment for those who just don't fit construction jobs. I've given you a great layout here; a lot of time has gone into it. But basically, it would -- what I provided to the attorney. We do have a right to economic opportunity. We do have a priority, and that's not shown in the budget. Chair Hardemon: Thank you very much. Ms. Holmes: So when I come down here and I see my clients, when I take my time, aren71 entitled to earn a income? Aren71 entitled to the same opportunities? Chair Hardemon: Madam Holmes. Ms. Holmes: Please join us in creating a process to waive this. It's an ask. It's a simple ask, and I would appreciate all your support -- Chair Hardemon: Thank you very much. Ms. Holmes: -- to remove any more delays from me becoming a economic, stable, sustainable person, a leader in my community of other professionals. Chair Hardemon: Thank you, Madam Holmes. Ms. Holmes: Just ask me one question, just to make it worth the while. Just ask me one question about how you can help, because -- Chair Hardemon: Madam Holmes. Ms. Holmes: -- I just wanted -- may -- if you'd just let me close, please. Your people -- about 50 percent -- Chair Hardemon: I thought you were closing. Ms. Holmes: Huh? Chair Hardemon: You were closing. Ms. Holmes: I got you. Chair Hardemon: At one minute prior -- one minute past your five minutes, you were closing. It's three minutes -- it's now -- City of Miami Page 9 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Ms. Holmes: Can I get 40 seconds for --? Chair Hardemon: Madam Holmes. Ms. Holmes: The video is notplaying. Chair Hardemon: I had a -- Ms. Holmes: I'm just kidding with you. Smile. You know, sometimes, you just can't go fast. You just have to make it last. Chair Hardemon: It's not about going -- it's not -- Ms. Holmes: You know, I didn't heard the bell; my had, but look, he's smiling. Chair Hardemon: Madam Holmes, your time has come to an end. Thank you very much. Ms. Holmes: Okay. Thankyou for the reasonable accommodation. Chair Hardemon: Yes, ma'am. END OF PERSONAL APPEARANCES City of Miami Page 10 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 PUBLIC COMMENT PERIOD FOR REGULAR ITEMS) Chair Hardemon: Now, I'll open the floor for public comment for the morning agenda. Mr. Mayor, you're recognized. Mayor Tomks Regalado: Thank you very much, Mr. Chairman. Commissioners, I'm here on RE.3. Tomorrow at noon, we will be celebrating the 121st birthday of the City of Miami. We will do that by unveiling the State of Florida official plaques of recognition for different historic areas of the City of Miami, especially in the north end of the City of Miami. Tomorrow, we are going to talk about the history of Miami. Tomorrow, we are going to celebrate the history of Miami. Tomorrow, we are going to rejoice on the progress that Miami has had in his [sic] 121st years of existence. Today, you're all going to talk about the future, and the future is RE. 3. About a year ago, the Administration came with a proposal to place in the ballot a bond issuance for resiliency, sea level rise, flooding, infrastructure, parks, and other facilities in the City of Miami. The Commission sent it back to the Administration and asked that public hearings will be done. We did that; that the Commissioners will have input in the whole process, and we did that; that the process should be transparent and specific and comprehensive, and we did that. Today, we have the opportunity of giving the residents of the City of Miami the choice to stay as we are, without doing anything, or work for the future. This is not about the legacy of an Administration. This is not what we want to do. This is what we have to do. The bond issuance that you have before you, it is the future, because the next Commission and the next Administration throughout the next years will be deciding on the different projects to keep Miami safe, to keep Miami forever. That is the name that we propose for the bond issuance. As you all know, the bonds won't be sold immediately; it has to be in the different projects specific in the next years. So all I ask the City Commission is that you give the voters of the City of Miami the possibility of making the choice for the future. Do we want a safe city? Do we want quality of life in our City? Do we want our children and the children of our children to keep living in the City of Miami? Miami and South Florida, according to the Paris Conference of December of 2015, is the area with the most exposed assets in the world because of sea level rise and flooding. So, Commissioners, I want to thank you for your patience, and I want to thank the Administration. I want to thank City Manager Daniel Alfonso and his team for working for weeks and weeks, vetting all the projects, all the comments of the residents, all the comments of the members of the Commission, and looking at the future in this bond issue. Thank you. Chair Hardemon: Thank you very much, Mr. Mayor. Everyone, you have two minutes to address this body. Please state your name, first and last; and you may state your address and say which item it is that you're here to speak about. Albert Gomez: Albert Gomez, 3566 Vista Court, Miami, Florida 33133. I'm speaking on RE. 16 and RE. 3. I think what we're really speaking about is history, and history will judge us on what we do. This building here, Howard Hughes -- a lot of different history was formed in this, and now, our local history is being formed. I'd be remiss not to mention Marliene Bastien, from FANM (Fanm Ayisyen Nan Miyami, Inc.), which is here. The plight of the Haitians and the TPS (Temporary Protected Status) fight that they're fighting right now is critical. History will judge all of us if we don't stand behind them and raise our voices for them. Another thing: On RE. 16, I am in no way in a fight, necessarily, with FPL (Florida Power & Light). I extend my hand to them. I've partnered with them in the past. I plan to partner with them in the future. The reality is, everyone needs to be judged for their acts. And right now, like we said, so many people in this hall, in the history of this hall got City of Miami Page 11 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 to where they were by not settling. I hope today that you guys don't settle, and fight for what Miami residents want, which is clean water, our bay. We broughtforward - - I was co-founder of Biscayne Bay Marine Health Summit. It was critical that we address it. It's a serious problem, Biscayne Bay, and for that point, I'd bring up an image behind me, which is E. [sic] Pallot Park. E. [sic] Pallot -- if anybody doesn't know, in 1958, Albert Pallot founded the City of Miami Committee Beautification and Environmental, the CBE. They honored that park's name with his name. This picture was taken two days ago. Okay, this is our park This is our City right now. I think that the RE.3 bond addresses issues like this. We can address living shorelines. We can address marine capture. We can address things that are happening. The RE. 16, the RE.3 both talk about our living bay; what we find to be our jewel, the river. If you guys can please support -- don't -- do not settle with FPL, please. Please fight for us. And on RE.3, please pass this now. It's important to pass this now. There's so much work to do on the RE.3. We're going to have so much work, to do it for so many years. Let's just get it done now. Thank you, guys. Chair Hardemon: Thank you, sir. You're recognized, sir. Dan Kipnis: Mr. Chairman, Commissioners, my name is Captain Dan Kipnis. I live at 3156 Royal Palm Avenue, Miami Beach. I lived in the City of Miami for a long time. I spent 11 years on the City of Miami's Waterfront Board as vice chairman. So I'm very familiar with the City of Miami Beach. I'm a long-time resident of South Florida. This is about the powerlines from FP&L. I believe it's RE.17 -- or 16, rather. As an original litigant in the FPL Turkey Point Reactors 6 and 7 lawsuit, I have only praise for the City of Miami and its legal staff for their valiant effort battling FPL's giant transmission lines that would run along the Eastern Everglades and up U. S..1. The whole concept of two new reactors at a site like Turkey Point, a site that would be severely impacted by sea level rise, made no sense from the very start. FPL has used its customers' funds to finance siting and development of the proposed new reactors by steamrolling over any opposition that may have stood in the way. Even with the court siding with the municipalities regarding the transmission lines, FPL continues tofight; this after Westinghouse, the designer and builder of its proposed reactors, filed for bankruptcy; and Toshiba, the parent company, withdrew from the nuclear construction business. Learning now that the City of Miami has caved to FPL's transition [sic] line plans and has offered a settlement, even if it will cost the City $25 million to do what FPL should have been doing all along -- burying the lines -- I am compelled to ask the Commission to stop this ill-conceived settlement. It has become apparent that nuclear has become economically unviable; and, as planned at Turkey Point, inherently unsafe for both our safety, the environment, and our drinking water. Commissioners, do the right thing and withdraw from the settlement for the betterment of your citizens and Greater South Florida. Thank you very much for your time. Chair Hardemon: Thank you very much, sir. You're recognized, ma'am. Maggie Fernandez: Good morning. Maggie Fernandez, 3620 Southwest 21st Street, Miami, Florida 33145. I am a City of Miami resident, a business owner, and a super voter. So recently, you have passed legislation on PACE (Property Assessed Clean Energy) programming; you've passed legislation on solar; you've passed legislation to create a Sea Level Rise Committee. So on one hand, you can't do all these things and then have an opportunity like RE.3, and vote "no. " It just doesn't make sense. It's like, you know, Mayor Gimenez, with the smart plan. "Here's my smart plan. Just kidding. " You know, we can't take that anymore. The taxpayers, the residents can't take this anymore. We need you to show leadership. I know that there's a lack of -- there's a concern about the lack of planning, but, you know, Miami -Dade County has been planning since 2008, and they've invested zero dollars in climate action infrastructure since then. So I urge you, do better than the County; be better City of Miami Page 12 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 than the County. Allow me to vote "yes" for my future and for our future in Miami. Vote in favor of RE.3. Thank you. Chair Hardemon: Thank you. You're recognized, ma'am. Laura Reynolds: Hi. Thank you. Laura Reynolds. And I am a science coordinator for Friends of the Everglades and Southern Alliance for Clean Energy in the Clean Water Act lawsuit against Florida Power & Light, and I've probably been working on cases against them for 10 years. And so, I have really submersed myself in the issues of FPL, and I can tell you that settlement will not get you the best deal you can. I've looked over the settlement agreement. I think you can do better, number one. And remember that FPL is playing the long game. They don't need those powerlines for probably about 30 years; 25, maybe. So the deal you have before you ends before then; and then, they would come back up in front of you, and you would be litigating this all over again. So I urge you -- The best power we all have is to stay together as citizens that understand, and that are not compartmentalized and picked off by this very powerful company. So I urge you to delay. I urge you to get all the information, and I don't mean just the information on powerlines. This is about pollution; this is about water; this is about safety; and, of course, it's about the businesses along U.S.1 and the powerlines. But if we all stay together, we can give FPL death by a thousand cuts and make them become good corporate citizens; right now, they are not. You have the power -- and I applaud you for all that you've done so far --to continue to push them to do the right thing. Thank you. Chair Hardemon: Thank you very much. Before we move further, I just want to recognize the presence of two Mayors -- one, former; one is a current Mayor -- the Mayor of Pinecrest, Mayor Lerner, so I want to recognize your presence, good seeing you; and also, South Miami Mayor Philip Stoddard, pleasure seeing you. You're recognized, sir. Brett Bibeau: Good morning. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. As required by law - - I am here to read a letter into the record from our chairman, Horacio Stuart Aguirre. "As required by law, the Miami River Commission has reviewed the following four items before you today, and per law, respectfully issues the following opinions: PH3, approval of the sublease of the area beneath the 12th Avenue Bridge, south shore, with the condition that the sublease requires Naeem Khan to construct and maintain a publicly accessible river walk, as previously presented to and approved by the Miami River Commission; RE.3, approval of the GO (General Obligation) bond, with funding to complete construction of the 65 percent completed public river walk, Miami River Greenway, per the City's adopted Comprehensive Plan, which states, 'The City will continue to work to complete the river walk and the Miami River Greenway,' and per the City's adopted Parks Master Plan and the City's adopted Miami River Greenway Action Plan. The public river walk will only reach its full potential when the entire continuous 10 -mile Miami River Greenway is completed,- RE.10, approval of the easement on Brickell Key, with the condition that the existing public river walk remains publicly accessible, and provides opportunity for water -borne transportation to pick up and drop off passengers. " Finally, PZ. 20: "During a public meeting held on January 23, 2017, the Miami River Commission considered this warrant application, which was subsequently approved by the City of Miami. The Miami River Commission's subject adopted public meetings" -- "meeting minutes state in part, 'Ms. Sandy O'Neil made a motion for the MRC (Miami River Commission) to adopt the Urban Infill Sub -Committee Chairman Jim Murley and Greenway Sub -Committee Chairman Martin's suggestion for the MRC to recommend approval of the updated subject warrant proposal with the following three conditions: Number one, that the site demonstrates continued marine use; number two, that the site demonstrates public river walk, per approved plans and City of Miami Page 13 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 letter of intent; finally, number three, to conduct a seawall inspection and improvements, if needed. The motion failed by a vote of 6 to S. River Commission Chairman Aguirre asked if anyone wanted to make another motion for consideration, and no other motions were made.' Therefore, the MRC did not recommend this project, as proposed. Your time and continued strong support for the Miami River District are appreciated. " Thank you. Chair Hardemon: Yes, sir. You're recognized, sir. Sam Van Leer: Good morning. My name is Sam Van Leer. I am here as president and founder of Urban Paradise Guild. We are your first responders to climate change; as well as a founder of Miami Climate Alliance. Miami is in a fight for our survival, and we must take all appropriate measures to protect our future. We must be prepared to take chances, and make hard choices that go beyond the usual political rhetoric. This is a matter of our survival. Investing in infrastructure is essential to fight the impacts of sea level rise, and I urge you to take this important step and approve this bond so that we can move forward with a more secure future for our people and our children. But that's not going to be enough. We also need to look beyond infrastructure. The next step is to take on the causes, and end the policies that will eventually drown Miami. Let's move toward -- Miami towards renewable energy. Let's plan for a future where we are 100 percent renewable. In addition to this, on this path, we must hold FPL fully accountable for its part. FPL generates 70 percent of its electricity through fracked gas, releasing massive quantities of unrestricted methane that are, in fact, drowning Miami. If homeowners are allowed to generate their own solar power, we will not need large transmission lines. We will not need dangerous nuclear power plants, which are already polluting our bay. Now, we all know that the people in Tallahassee will not protect us. The PSC (Public Service Commission) has been compromised. We are depending on you to stand up for the City of Miami. And please keep standing beside the people of South Miami and Pinecrest on this path. This is true climate leadership. It's not about we -- what we say; it's about what we do. Thank you for taking action. Thank you in advance. Chair Hardemon: Thank you, sir. You're recognized, sir. Barry White: Good morning. My name is Barry White, 1001 Southwest 129th Terrace. I'm president of Citizens Allied for Safe Energy, CASE. Before I tell you why, I would like to suggest that, if it's procedurally correct, that your consideration of RE.16 be tabled until you can have a workshop on the subject, because it is so complex and bodes so ill, if passed, for the City of Miami and for this Commission that you really should get into the details of what you're approving. And what -- and the second part -- the main part of the agreement, of course, is the undergrounding. The second part are the concessions that FPL has extorted from your staff to get this agreement. So I would suggest that you table and hold a workshop on this subject so you can get into the details. For example, in your recitals at "D " it says, 7PL's policy is to require municipalities that request underground transmission to make a cost contribution. " FPL's policies. FPL is a regulated utility. It's only one of the two major in the State. The State of New York has 20 regulated utilities, half of which do all of their -- get all of their energy from renewable energy. So we're limited to two monopolies. The laws -- regarding monopoly is not your concern -- must be addressed. So when FPL says it's their policy, well, that's lah-dee-dah, you know, great. That has no impact, really, on anything. The second part of the agreement which I refer to as extortion tells you -- or agrees that you will leave your hands off of major things that are of concern to FPL. What's the connection between those provisions, which include your agreement not to pursue lawsuits, not to oppose Turkey Point 6 and 7, and charging customers for infrastructure that will probably never be needed? Let me give you one example of what you don't really understand, City of Miami Page 14 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 probably. Turkey Points 6 and 7 will use the AP1000 reactor. That reactor, the effluent from the reactor itself, not the water that's cooling, their plan is to inject that effluent 3, 000 feet into the boulder zone on the assumption that it will stay there forever and will be hermetically sealed. Any school child in this State will tell you that's not the case. The geological survey proved that the confining layer there is porous. What's in that effluent? Besides the carcinogenic chemicals that are there, it's liquid radiological waste. So you're injecting carcinogenic chemicals -- you're authorizing them to build a reactor that will do those things I mentioned. The reason that happened is because the Florida Department of Environmental Protection didn't catch that, didn't even look at it, and approved the construction of those reactors. I don't want to take any more time. I've made my point. Please take the time to revisit this resolution and understand what you're approving. Thank you. Chair Hardemon: Thank you very much, sir. You're recognized, sir. Adrian Madriz: My name is Adrian Madriz, and I live at 428 Southwest 9th Street, Apartment 17, in Little Havana. First, I want to address RE. 3, the Miami Forever Bond. I'm very in favor of this, and I want to say specifically to the most likely future Mayor of the City of Miami that it's very unconscionable for you to think that you might be able to be the Mayor and not adequately address issues of climate change. I think that you have been very good on all the different issues, but this particular one, it's so important. We can't wait until we're living in the high tide Miami Beach kind of situation, in which every single time, at one point out of the year, everybody has to take all of their cars out of the garages underground and put them above ground so that they won't get flooded. I don't want to see that happen in the City of Miami. I think we have an opportunity to avoid that here if we invest in infrastructure now, so I really implore you to please support this Miami Forever Bond. I think it's a great program. I think it will also adequately address a lot of other issues that we have with regards to housing, and I can't put enough support behind this. So for the future Mayor, whoever you might be, and to any Commissioner who might be opposed to this legislation, as well, please, please, please take this seriously. Take this as an opportunity to avoid those catastrophes in the future and make sure we're laying the foundation for abetter Miami. Thank you. Chair Hardemon: Thank you. You're recognized, ma'am. Zelalem Adelis: Hi. I'm Zelalem Adelis. I work at Catalyst Miami. We're an anti- poverty nonprofit that's been working here for 21 years, and our offices are located at 3000 Biscayne Boulevard. I'm also speaking to you today as a young millennial and a young professional. I'll be brief, but basically, I love Miami; so do a lot of my friends. But this is a city that we don't feel comfortable investing in. I have a friend that wanted to buy her own apartment in Brickell, and has refused to, because they don't -- she doesn't see the City of Miami taking action on climate change or sea level rise; and so, she sees that purchase as a poor investment. That attitude, if not for all the other reasons that people have gave, should be, hopefully, enough to convince y'all that this needs to be -- this item R.3 [sic] needs to be supported and passed. The waiting is not going to do any good. There's nothing good that can come of that, and we really need to take climate action; and so, I urge you to please support that measure. The other is R.16 [sic]. We need clean and safe energy. Turkey Point, even if you Google it, you'll see a bunch of very distressing headlines. That's not a facility that I believe that we should keep investing in. There are so many better alternatives, and I just urge you guys to explore those and to make this city one that young people want to invest in. Chair Hardemon: Thank you. You're recognized. City of Miami Page 15 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Marliene Bastien: Good morning. Bon jour, Mr. Mayor, Chairman Hardemon, members of the Commission. My name is Marliene Bastien. I'm the executive director of Fanm Ayisyen Nan Miyami, the Haitian Women of Miami. We are a one- stop center located in the heart of Little Haiti. I'd like to thank the previous speaker for how --for giving a shout out to --for TPS, temporary protective status, because, as you know, 300, 000 immigrants from Haiti, Honduras, El Salvador will face deportation if TPS is not renewed. I wanted to take advantage of the shout out to let you know that if there is something you can do to prevent that from happening, do it for the consideration of TPS. But it's not why I'm here today. I'm here to speak in support of RE.3 and R.16 [sic]. Why? Today, many immigrant families have personally witnessed and have been affected by extreme weather conditions that have produced frequent and deadly hurricanes. We know that when there is a natural disaster, whether in Haiti, Chile, Colombia, or anywhere around the world, it is low-income families that are the first impacted. Services that are already poor and strained worsen, forcing many to flee to the United States. Without proper attention to basic infrastructure and new technology, the suffering just builds upon itself, weighing down efforts to provide jobs, education, housing, and safety. The long-term effects of climate change in Miami are just as dangerous. Developers are currently purchasing land to sell back to the highest bidder in the form of high- priced properties. We see them flocking to purchase land in our neighborhoods, because they are located well above sea level. Therefore, we see how the gentrification of Little Haiti and Liberty City is threatening our communities. Our communities are comprised of families who are financially insecure, and who are increasingly forced to move into areas that are unsuitable to withstand this immediate and long-term climate change effects. This is why it is not just an issue of addressing climate change, but ensuring, ensuring that Miami's resiliency efforts to put more climate justice and equity continue. We need leaders in the private and public sector to take actionable steps to work with local stakeholders, like FANM, like us, now to resolve these issues in a strategic manner. That means creating inclusive spaces where those who are most impacted sit at the same table as developers and decision makers. It means out -of -comfort zone, getting out of your comfort zones and involving all who have at hand at producing -- who have a hand at producing insecurity in our neighborhoods --the had developers. Why can't we provide job training for those who are to install -- who are in our community to install solar panel that decrease our dependency on fossil fuels? Chair Hardemon: Madam Bastien. Ms. Bastien: Why not --? I'm almost there, Chairman. Why can't we re -vet our school curriculum so that our students can learn about -- help test and safeguard our water tables? Why can't we provide affordable housing options so that our residents don't have to worry about moving into a place where the next flood could wipe out whatever little comfort that they have? Why can't we establish rent control; rent control to allow those who build in our communities to live and work in their communities, and to end this? The time to act is -- on this issue is now. It is everyone responsibility to get involved. Climate change is not the plight of the privileged few. It is the key to ensure that everyone gets a decent shot at the opportunity that we all deserve. Thank you. Chair Hardemon: Thank you very much. You're recognized, Mayor. Pam Rauch: Good morning, Chairman. Good morning, Commissioners. My name is Pam Rauch, and I am vice president of External Affairs and Economic Development for Florida Power & Light Company. And I'm addressing you during public comment simply because when the item comes up related to the infrastructure project, I may not be able to stay -- I'm supposed to be on a plane -- so I apologize. But I wanted to address you to talk about this very critical infrastructure project that City of Miami Page 16 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 is to meet the needs of your residents and our customers today. And, you know, I want to first of all thank you for your leadership. I know we have been discussing and at odds over this project for many years, and I want to thank you for your leadership. It was through your leadership that we all got together to sit down and start talking about what the real collaborative solutions could be, and that is what is going to be before you today, for the first time; a collaborative solution that will address the needs of your residents and our customers today, and will secure certain things for the long-time future that we could not achieve by continuing to be at odds. So I want to thank you for your leadership. I particularly want to thank your staff. They have really been dedicated, and have sat down and really pushed both FPL and the City to really do what is best for this community, so thank you for considering this item today. Thank you for your leadership, and we look forward and stand ready to work with you on continuing collaborative solutions going forward. Thank you. Chair Hardemon: Thank you. You're recognized, ma'am. Ronyde Christina Ponthieux: Good morning, Mayor Regalado, Chairman Keon Hardemon, and the staff of Commissioner and the guests. My name is Ronyde Christina Ponthieux. My address is 100 Northeast 84th Street. My work is around TPS recipients. I'm working to fight for TPS recipients so they can get permanent protected status, meaning residency. My family is from Haiti. Haiti has been affected by multiple tragedies, like the earthquake, the cholera outbreak, and the Hurricane Matthew. Many come to Miami to escape had weather tragedies. The long-term effects of climate change in Miami are just as dangerous. Developers are buying land like Little Haiti that are well above sea level. This is why it's not just an issue of addressing climate change, but ensuring that Miami's resiliency efforts promote climate justice and equity. Please vote to accept the $192 million so we can make Miami a safer place for everyone. Thank you. Chair Hardemon: Thank you. (Applause) Chair Hardemon: Give it to her. Give it to her. Tracy Woodard: Good morning, Mr. Chairman, Commissioners. My name is Tracy Woodard. I live at 1060 Brickell Avenue, Apartment 3607. I'm a civil engineer. I have been a resident for the City of Miami for the past 10 years, and I'm here to just basically touch base on the increased transmission lines for FP&L for the City of Miami. I do see a necessity for the increased transmission lines, as in the past 10 years, I've seen the City grow over three times the size it was when I first arrived. The demand for the utility is there, and it's only going to increase as the City is -- does not look like it's stopping on any of its development. So when it comes to the grounding or elevation of the transmission lines, I do definitely support the grounding of it, being the fact that we are in a high velocity hurricane zone. I think only -- elevated lines would only cause further problems in the case of a natural disaster, such as hurricanes. But I do understand there is reservations towards, you know, Turkey Point and everything like that, but the necessity for the utility is there, and I do very much support the increasing of the utility, so. Chair Hardemon: Thank you, sir. Mr. Woodard: Thank you. Chair Hardemon: You're recognized, ma'am. City of Miami Page 17 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Rachel Silverstein: Hello. I'm Rachel Silverstein. We're -- our office is at 2103 Coral Way. I'm the executive director and water keeper of Miami Water Keeper, but I'm making my comments on behalf of myself today. I'm actually technically on maternity leave right now -- I had a baby a month ago -- but I felt so strongly about coming to speak about this item that I wanted to come here and be here this morning. Actually, there's several items that I think pose an existential threat to Miami that I think you guys have the opportunity to vote on and to do the right thing and to be -- continue to be leaders, and to show the leadership that you've shown in the past by voting on these items. I feel strongly, as our last speaker said, that the transmission lines should be undergrounded. That's a health hazard to our community; it's a safety hazard; it's an economic hazard; it's an environmental hazard. But the settlement that's currently being proposed with FPL gives away too much. It forces not only dismissal of three very important challenges that FPL has been trying to do for our community -- or against our community, rather -- that -- the siting of the two new nuclear power plants on the shores of Biscayne Bay, in a highly vulnerable location to flooding and storm surge. They're not elevating the plants properly. Moreover, those plants are most likely never going to get built. Toshiba Westinghouse has gone bankrupt. They're not making the reactors that are being proposed anymore, the API 000, but we are still being charged, and we have already paid, as the public, over $280 million that FPL now gets to keep for the construction of these two new plants that'll probably never get built. The City of Miami has shown great leadership, challenging both that nuclear cost recovery proposal and the undergrounding of these lines, and the siting of these plants in a really inappropriate location for the City that puts the City at risk. Furthermore, and perhaps even more worrying, the settlement also forces the City not to take up any more contentions against FPL that are -- on current issues. Why would the City hamstring itself and tie its hands, and not allow the City to make decisions based on what's best for its community? And on top of that, you know, the transmission lines could still be above ground in other parts of the County, which affects residents of the City of Miami when we're traversing in other locations. So I want really strongly urge you to, at a minimum, delay the vote on Resolution 16 on the settlement. I think it's really a had deal for the City. I think it's a great deal for FPL, as we just heard. You guys are winning. Our City Attorneys have been doing a great job fighting these fights on our behalf. Your leadership has been amazing, and, you know, all the way up to the Florida Supreme Court. Don't give up now. Please continue to keep fighting for us; it's important. In addition to that, I also want to strongly support the bond that will increase the resiliency of the City of Miami; it's important. This is an opportunity that will affect future generations, and please take advantage of it, so I'm going to ask you for that, as well. Chair Hardemon: Thank you very much, ma'am. Ms. Silverstein: Thankyou very much. Chair Hardemon: You're recognized, sir. Michael Siegal: Hi. Morning, Commissioners. My name is Mike Siegal, and my family is the owner of 100 Northeast 38th Street. We've owned this property for over 30 years, and been Miami -Dade County residents for over 55 years. We're here to ask the Commission to approve SR.2 and accept the PZAB (Planning, Zoning, & Appeals Board) recommendation to allow our property to maintain its mural rights by amending Exhibit "B" to include a cutout for our property. I have a handout which has a copy of this map here, and the orange area is what's commonly known as the Design District. This ordinance relates to the SAP (Special Area Plan), which is the yellow area. Our property is south of the SAP, and there is another property that's also south of the SAP, 300 feet apart. These are the only two properties that could have a mural on the north side of 195. A carve -out has already been provided City of Miami Page 18 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 for this property owner, 3704 Northeast 2nd Avenue, and I'm asking the Commission to accept the PZAB recommendation to allow a carve -out for my property. The ordinance is concerned about murals in the SAP. We're not in the SAP, and any mural that would be on my property eventually would be facing the highway, and not visible from the SAP. Also, on the south side of 195, which is also the Design District, all of these property owners will retain mural rights. Mural permits can move back and forth, and there's no restrictions placed on any of those properties. So we're asking that you not remove this property right and not discriminate against our property. We're asking that you provide the same carve -out provided the owner of 3704 Northeast 2nd, which is a properly --property similarly situated to ours, 300 feet to the east, and all the owners south of I-195 that are also in the Design District. Our property and the property at 3704 are the only properties on the north side that are not in the Special Area Plan, and would qualify for a permit. We understand and appreciate the Design District's desire to limit murals in the Special Area Plan; however, the rationale given for the boundary changes due to murals within the SAP not being in harmony with the development contemplated by the SAP. Our mural would face south, and not be visible to the SAP. Our neighbor, 3704, is approximately 300 feet east, as I explained earlier, and on the same side of the street. These are the only two properties that could have permits on the north side. As I said earlier, there are many existing properties on the south side of I-195 that are considered part of the Design District, but not in the SAP. Some of these properties have murals or would be allowed to have murals in the future that would be visible from the SAP. I'm willing -- my family is willing to restrict placement of any mural on our property to ensure that it is not visible from the SAP. When this item was first presented -- and this has been going on -- Chair Hardemon: Sir. Mr. Siegel: --for well over a year -- Chair Hardemon: Sir, your time has expired more than a minute and 30 seconds ago. I want to ask that you come to a conclusion. Mr. Siegel: Okay. In conclusion, we're asking that you not ignore the recommendation of the PZAB and that you modify the Exhibit "B" on all -- for other properties in the Design District, and we hope the Commission modifies this exhibit. I also wanted to add -- and then I'll wrap up -- that we did have a permit on our property that was moved because of this legislation, and that a -- if a -- it doesn't eliminate a mural; it just gets moved somewhere else within the urban core. Thank you. Chair Hardemon: Thank you very much, sir. You're recognized, ma'am. Caroline McLaughlin: Good morning. Caroline McLaughlin, 610 Southeast 14th Court, Fort Lauderdale, Florida. I'm here to speak on item RE. 16, the proposed settlement agreement with Florida Power & Light. I work with the National Parks Conservation Association, butl'm here today as a private citizen, speaking on behalf of myself. I have a number of serious concerns about the proposed expansion at Turkey Point and its potential threats on our national parks, and our communities in South Florida. But I'm not here to talk about my concerns; rather, I'd like to discuss the concerns of the City of Miami regarding this project. When the draft Environmental Impact Statement came out on the expansion two years ago in 2015, the City of Miami was one of its strongest critics, and I thank you so much for your leadership on this important issue. In fact, the City submitted a 114 page comment letter to the Nuclear Regulatory Commission, outlining in detail your concerns about this project. Attached to the City's comments was the Mayor -- a letter from Mayor Regalado, and I'll read you part of that right now. Quote, "I'm concerned for the City of Miami Page 19 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 future of my community. We are confronted by sea level rise and a diminishing drinking water supply. FPL's project, as proposed, may needlessly endanger our sole source of fi^esh water by exacerbating salt water intrusion. If approved, the project will also destroy mangrove and seagrass populations that perform vital ecosystem services, including maintaining our water quality and protecting our shoreline, " end quote. The settlement agreement under consideration today does nothing to alleviate these concerns. In fact, the settlement will force the City to forego its rights to continue to pursue these concerns, as you've done in the past. Why, in resolving the transmission line issue, is the City also giving up its right to pursue its entirely separate concerns regarding the project's environmental impacts? Really, we're looking at apples and oranges here, and the fate of one issue should not be tied to the other. So I strongly urge you to, instead of accepting the settlement agreement to try to find a way to resolve the transmission line issue, while at the same time, preserving your right to fight to protect the health of your communities, which continue to be threatened by the expansion proposal. Thank you. Chair Hardemon: Thank you. You're recognized, sir. Bill Riley: Mr. Chairman, Commissioners, for the record, my name is Bill Riley. I'm an attorney with offices located at 333 Southeast 2nd Avenue; also here to speak on behalf of SR. 2, the Mural Ordinance. I represent the entity that Michael Siegal is a principal of. I am not going to reiterate his comments. I want to be direct; and meaning, "direct" is what we want, and we're asking this Commission to do to help us out is create equality. Make sure everybody's treated fairly. Make sure we're treated fairly; no better, no worse than anybody else. We have an eligibility currently to apply for a mural license on the property. We are the only people in this SIP -- in this proposal not located in the SAP that would be excluded; the only property that has that eligibility. We're asking you to retain that eligibility. We have applied before for a mural license. We were able to obtain the mural license. The mural license was expired because of this legislation, and because the vendor thought it was too risky to move forward with this legislation pending with a mural permit. Equality, in our opinion, means to treat everybody fairly, and that's what the PZAB recommended to this board. After their analysis and their professional recommendation, they determined that to single out a single property and only a single property that has that eligibility would be inappropriate. We're asking you to follow their professional opinion and their analysis. We don't think it causes any harm to the SAP. We also will propose conditions on our murals, as you heard before. Again, we are just wanting to be treated equally; no better, no worse than anybody else. And we appreciate your support. Chair Hardemon: Thank you, sir. Mr. Riley: Thank you. Chair Hardemon: You're recognized, ma'am. Kelly Cox: Good morning, Commission. My name is Kelly Cox. My address is 2103 Coral Way, Miami, Florida 33145. I'm a staff attorney and program director at Miami Water Keeper, and today, I'm speaking on behalf of myself, as an independent citizen. I would like to express my opposition to the terms of the proposed settlement with FPL, Resolution 16. Let me be clear. I'm not opposed to undergrounding transmission lines. The City has an innate home rule authority that needs to be preserved and protected. FPL is under an obligation to oblige by land use and zoning regulations that the City has outlined. Because the City knows its residents best, it's most best able to protect public safety and other public interests, and including environmental interests. For many years, the City has been one of the only entities that has stood up to FPL, and one of the only entities willing to do so. City of Miami Page 20 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 FPL has a history of taking advantage of our water supply, our bay, and our pockets. The City and the City Attorney's Office has shown remarkable leadership on these issues; and notably, the City has the upper hand in all of these cases right now. That's the only reason FPL's at the table, asking for a settlement, is because the City is well poised to win. This settlement, as proposed, unnecessarily ties the hands of this Commission and the City to take action to be able to protect its constituents. Rejecting today's settlement would mean moving forward with the fight for protections for our sole source of drinking water, protections for Biscayne Bay, and fishing and -- Chair Hardemon: I want to ask everyone to have some decorum. Please show some respect for the speaker. Ms. Cox: Thank you. -- our fishing and tourism industries, protection for our national parks, protections for public safety and nuclear meltdown prevention, protections for lucid species and economic protections for Rapiers, who are unnecessarily financing FPL's projects right now. The City has a duty to protect its citizens and its resources, and I urge the Commission today to reject this settlement proposal, as proposed right now; at the very least, please defer this for future discussion, and to continue to fight against FPL. I would also like to express my support of the Miami Forever Bond. I want to thank Mayor Regalado for his leadership on this issue. This bond has several provisions in it that allow for infrastructure improvements that are so, so necessary to climate change resiliency and preparedness for South Florida, so I urge you to support the bond, as well. Thank you so much. Chair Hardemon: Thank you. You're recognized, ma'am. Veronica Bayona: Hi. My name is Veronica Bayona. My address is 15242 Southwest 117th Lane. I'm here to represent myself. I am directly affected by SR. 1, because my father is a pet shop owner. I will be graduating from FIU (Florida International University) by the end of this week, and that wouldn't be possible if it wasn't for the many years my father has devoted to making a living through placing puppies in loving homes. Over 15 years of his life have been dedicated to running an ethical and licensed business. Growing up, I watched the love and time he gave to every puppy that walked through his doors; so much so that he didn't want to have his own puppy at home, because he said he has so many children in the pet shop. So hearing that this City is trying to close him down is heartbreaking, to say the least. Pet shops should be -- definitely be held up to a standard, but not closed. SR.1 will affect families, personally. I ask that you please think about how this will affect families, day in and day out. And this isn't a show; it's true. Today, I'm supposed to do my graduation cap, and I chose to be here instead, because my father told me what was going on, and I had no clue. This is serious. Everyone wearing these shirts are affected by what you guys are going to pass, that I hope you don't. So this is me, genuinely telling you, consider the families that for so long have worked so hard in these businesses. This isn't just something my dad does; it's his life. So thank you. I'm sorry for the tears. I'm a little -- But thank you so much. I really hope you do consider what I just had to say. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Thank you. (Applause) Chair Hardemon: Ladies and gentlemen, ladies and gentlemen -- City of Miami Page 21 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Carollo: Mr. Chairman. Ma'am, could you -- Chair Hardemon: Hold on. We don't allow clapping in the chambers. If you want to show support for a speaker, just raise your hands and do something interesting with them to show your support. Okay, thank you. Commissioner Carollo: Mr. Chairman, real quick. What's the address of the pet shop? Ms. Bayona: 7235 Southwest 8th Street. It's -- what is it? -- 7335 Southwest 8th Street. It's one of the ones that will be affected by SR. 1. Commissioner Carollo: Thank you. Ms. Bayona: You're welcome. Chair Hardemon: You're recognized, ma'am. Maria Parra: Good morning, Commissioners. Thank you for the opportunity to speak today. My name is Maria Parra, and my address is 921 Northeast 5th Avenue, Homestead, Florida. I do live very close to Biscayne National Park, so I am voicing my opposition for Resolution 16. For too long, we have put a lot of power in profit, and not in planet or people. It's time to balance that, and that's why my opposition for Resolution 16 is here. I don't want the people or the planet to beat risk, so if you guys could please oppose Resolution 16. However, I do favor Resolution 3, because it is important to address these climate issues in Miami. Thank you so much. Chair Hardemon: Thank you. You're recognized, ma'am. Natalie Alvarez: Good morning, ladies and gentlemen. My name is Natalie Alvarez. I am a Miami City resident. My address is 8867 Southwest 12th Street, 33174. I am representing the stores and the employees of puppy stores all over Miami, Florida, fighting against SR.1. I have had the privilege of working with Puppies to Go to provide quality and beautiful puppies to our consumers of Miami, Florida for over four years. In over 15 years that Puppies to Go has been open, we have complied with all USDA (United States Department of Agriculture) and animal service policies and regulations, and have been able to provide our consumers with pure breed puppies. Our fight today is to ensure that our consumers continue to have the right to choose for their own whether they want to take pure breed puppy home to raise and to teach their own instead of being forced to take possibly malnourished, mistreated, and even older dogs from shelters. Ladies and gentlemen, when you're thinking of introducing a dog into your home to your family, to your children, is it fair to force consumers to take home older dogs that possibly have health defects, had habits, or even aggression, or to have a choice to take a puppy home and to raise to the children, with a health guarantee to ensure that they continue being happy with the puppies they take home? If you can please look around, see all of Miami's residents with "choice" plastered across their chest, fighting to keep their livelihood and their choice to choose for themselves what four -legged best friends they choose to take home. Not only will many lose their jobs, but those who wish to make their own choice are at risk. I can say with confidence that most in this room, including myself, are animal lovers, and removing their choice to pick their own puppy affects their lives and lives of people around them. I hope today you will support puppy stores and consumers of Miami, Florida, and not allow SR.1 to take away their choice. Thank you. Chair Hardemon: Thank you. You're recognized, sir. City of Miami Page 22 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 PJBrown: Good morning. My name is PJBrown. My address is 3623 Oak Avenue, here in Miami. I'm providing information in support of PH.10. I represent POISE, which is Positive Outlook of Intellect Seeking Excellence. We're a not-for-profit- based ot for profzt- based community support system, providing services to men, women, and youth. One of our initiatives is our Athletes in Action, and what we want to do is provide a monthly mentorship program, using basketball as a tool or a -- kind of teach life lessons to the youth. And what we plan to do is run these monthly clinics, about three hours. And what we -- during that time session, we're going to try to build a relationship with the youth, number one, by establishing a relationship through basketball; and number two, we want to surround them with mentors who have used basketball as a tool, kind of as a driving force to be successful. Also, on top of that, we bring in guest speakers to talk to the kids and kind of share stories, and kind of provide an avenue where they can kind of talk and we can kind of share stories and - - about basketball and how that's tremendously affected us. As you know, many of you guys know, you guys have played sports, and sports are -- obviously, they teach us communication, self-esteem, homework, team work. And I think one of the most important things that we kind of forget is that it's -- it teaches us conflict resolution, which a lot of our youth need today; again, build relationships; again, surround them with great mentors who have used basketball as a vehicle to teach life lessons; and again, if you could kindly support PH 10. Thank you. Chair Hardemon: Thankyou very much, sir. You're recognized, sir. Martin Leon: Good morning, Commissioners. My name is Martin Leon. I'm the owner of Beverly Hills Puppies that is located inside the City of Miami at 3251 Northwest 7th Street. We've been in business now for eight, nine years. And I'm here to oppose the puppy ban, SR. 1. If this goes into effect, it's going to close stores, employees are going to have to leave, and the possibility that those businesses are going to go outside of the City of Miami. The present laws that are in effect right now with Miami -Dade County that went into effect about three years ago protect the consumer, the Lemon Laws from the State of Florida protect the consumer, and the USDA laws are also protecting the consumer. All stores in Miami and Miami -Dade County are required to purchase puppies that are coming from USDA breeders. USDA breeders are very strictly inspected and monitored by inspectors of USDA. No USDA breeder has ever been closed for being a puppy mill. According to SR.1, they want pet stores now to purchase from shelters or obtain from shelters and rescues. That's not possible. I have here right now where we have contacted about 25 different rescues, Humane Society, and shelters to see if we could obtain the puppies from them. And, first of all, they don't have puppies; they have older dogs that already have habits. Not one answered. So if SR.1 goes into effect, we're out of business. The issue here basically is an issue of choice. Do you want the residents of the City of Miami to buy -- or have the privilege to purchase a puppy eight, nine, ten weeks of age, or do you want them to get from a shelter, which would not be through the pet stores, a dog that has -- already has habits, an older dog, most likely not purebred? We've had meetings with Miami -Dade Animal Control. They have no purebred dogs there; they're older dogs. So if SR.1 is passed, it's like you're forced to buy a used car or not a new car; and that used car, you don't know what you're getting. I urge the Commission to study this carefully, and not pass SR.1. It's going to hurt all of the stores, employees, and even the veterinarians that supply and help the stores. Chair Hardemon: Thank you very much, sir. Mr. Leon: Thank you. Have a good day. Chair Hardemon: You, too. You're recognized, sir. City of Miami Page 23 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Lance Williams: Great morning. How you doing? Chair Hardemon: Fine. Mr. Williams: My name is Lance Williams, with POISE, Incorporated. I'm the president, CEO (Chief Executive Officer) and the founder of it. In conjunction what Mr. PJ Brown was expressing, our program is the Positive Outlook for Intellect Seeking Excellence, and what we're trying to do is trying to intervene with these situations that's taking place with these youth, male and female, and we're trying to give them an opportunity to go ahead and be mentored by some highly qualified individuals who can impact their lives and reduce recidivism, as well as engage with them to have positive outcomes, academically, athletically, socially, and vocationally. So with PH 10, we would strongly request that you consider us moving forward with this project. Thankyou. Chair Hardemon: Thank you, sir. You're recognized, ma'am. You're recognized. Anna Roca: Good morning. I'm Dr. Anna Roca. I am retired emeritus professor from FIU, where I worked 37 years. I'm not here representing any corporation, company, or anything. I'm here representing myself. I want to thank, first of all, Mayor Tomks Regalado, because I had written him -- I don't know -- two, three months ago regarding this topic of the issue of the pets. And I was away in Europe, and I just got back last week, and got information that this was coming up to a vote, so I came immediately. I do not have any prepared speech. I do not have anything prepared, but I would like to speak my mind about this. I've heard some people here talk about choice, and they went out and bought T-shirts, "Choice. " I want to ask you, what choice do the animals have? I'm here to speak about the animals who are -- don't have a voice. The only voice they have is the voice from people like myself, who want to do something for them. I heard someone just now talk about comparing them to a used car market and the new car market. These are not cars. These are not objects; these are animals. And there is always a market -- (Applause) Ms. Roca: -- for used cars, also. There's a market for used cars, and there's a market for new cars. The problem is that we are in a high kill situation here in our City and our County. I live in fear. Igo to Spain every year for about a month and a half, and I live in fear that when I come back, my dog that I always leave in my house, with good people who take care of my dog and my house, that there could be an accident and that he could escape; and that the shelter here, I think, keeps dogs from three to five days, or a week; and that, if I come back, the dog will have been killed. And I'm sure that this has happened to people who lose their dogs, and they go to the shelter, and by the time they get there, the dog has been euthanized; in other words, killed. I want to point out that this is not an extraordinary ordinance that is being proposed. It's something that is already in place in many cities throughout the United States, and that's how I found out about it. In California, for example, there are numerous, numerous cities that already have in place an ordinance such as this; at least 30 of them in cities -- big cities, like Los Angeles, San Francisco. I would encourage your attorneys to look at these ordinances and to pass it here. The thing is that people -- Chair Hardemon: Ma'am. Ms. Roca: Oh, no. We all live here. You drive on Coral Way, you drive on 8th Street -- Chair Hardemon: Ma'am. City of Miami Page 24 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Ms. Roca: -- you're driving all of these places, and what do you see? You see these little mom and pop little stores that are in every few blocks. They -- haven't you seen them? -- and say, "Puppies." And they're in every little shopping center, you know. Go in there. Find out where those dogs come from. I tell you, I worked at FIU, like I said, 37 years, and I used to drive on Coral Way 37 years, and I would see people selling little puppies right on Coral Way, in the median, you know. There are a lot of people who are reputable breeders, and those are fine. There are reputable breeders if you want to buy a -- Chair Hardemon: Ma'am, your time has expired two minutes ago. Ms. Roca: I'm sorry. I came without knowing my time. I encourage you to pass this. Very much, I will work toward this. Chair Hardemon: Thank you very much. Ms. Roca: And thank you for your time. Thank you. Later... Chair Hardemon: You're recognized, sir. Adam Koff er: Good morning. My name is Adam Koffler, and I am a resident of -- Chair Hardemon: Before you move on, I just want to make it very clear -- Can you reset the time, please? Also, so for those who were listening, if you missed it, item RE. 4, RE. 5, and RE. 11 are deferred to another date. So if you're here to speak on RE.4 and RE. 5, you should know right now that you probably shouldn't, because we will be taking no action on that item today. All right? You're recognized, sir. Mr. Koffler: Just very briefly, with regards to the last presentation and the deferral, I know there's quite a number of residents here from 1000 Venetian, which is the community -- the Venetian Islands -- that's most directly impacted, at least visually. We appreciate the position that the developer has just announced. We came here in numbers, with great concern, as we were notified of this project just on Tuesday evening, which gave us one day to respond, and we have over a dozen residents here. So we accept the deferral graciously. We look forward to working with the developer collaboratively to arrive at a plan that works for the developer, our community, and the City of Miami, which, until this very moment, didn't seem to be the process that was transpiring. So thank you very much, and that's all the comments I have. Todd B. Hannon (City Clerk): I'm sorry, Chair; the speaker's name? Mr. Koffler: Adam Koffler; 1000 Venetian, resident of -- Mr. Hannon: Thank you, sir. Mr. Koffler: --Miami. Chair Hardemon: You're recognized, ma'am. Maria Campos: "Buenos dias. Mi nombre es Maria Campos. " Chair Hardemon: Can you hold on one second? Let me have a translator. City of Miami Page 25 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Carlos Zuniga (Official Spanish Interpreter): I'm right here. Chair Hardemon: You're a certified translator through -- Mr. Zuniga: Yes. Chair Hardemon: Okay. I didn't -- you know. Commissioner Carollo: Is he a certified translator? Mr. Zuniga: Yes. Chair Hardemon: Can you take the microphone, please? You're dressed like you're in Spain, so I wasn't sure. "Castellano, si?" Ms. Campos (As translated by Official Spanish Interpreter Carlos Zuniga): Her name is Maria Campos. She is the president of the Low -Income Association of Residents in the Robert King High Towers. She is here not to ask, but to demand. She is -- they are having a very serious problem with the services that the senior citizens have received in that location in the dining rooms. The food is not what they deserve. They put it out there like they making them a favor, and that's not a favor. It's a right that has already been paid for with years of work and with sacrifices. And at the end of the day, the only ones that are benefitting with this program, they are the ones that -- at the end of the day, the benefits are received by the ones that are giving the service, that are becoming millionaires, and they are in -- in retreat, I guess. Sir, if you want more information, because the time is -- don't doubt to reach her. Thank you. That's all. Chair Hardemon: Thank you very much, ma'am. You're recognized. Stacy Robins: Good morning. My name is Stacy Robins. I'm a resident of 1000 Venetian Way, Unit 1001. I'm also a real estate entrepreneur, and I've been in the real estate business for 25 years in the City of Miami and Miami Beach. I also want to thank you, especially Commissioner Russell, for giving us your time and attention last night. We are so appreciative of the consideration that you gave us. I do want to say -- and I won't take very long up here, but I do want to say with regards to Attorney Alex Tachmes, what he just described to you as negotiations and conversations that have taken place with our building, there are approximately 105 residents that have very little information on what this new owner of this leasehold that the City owns is planning to do with this property, and I request on behalf of all 105 of the residents that we be included in whatever processes are going to be continuing beyond this point and through September 5; that we be taken into consideration, because I disagree with what Mr. Tachmes said. I think there's a lot of our residents that are severely against any kind of development that is going to impede environmentally, noise, visually -- There's so many issues with regard to this property that I think it really deserves a deep consideration, and I thank you for your time. Thank you, Commissioner. Chair Hardemon: Thank you very much. You're recognized, ma'am. Good seeing you again. Betty Ruano: Good morning. Betty Ruano, on behalf of Little Havana Activities and Nutrition Centers, 700 Southwest 8th Street. First and foremost, I want to thank all of the Commissioners up here this morning, and the Mayor, for your continued support of our agency. And I want to pay particular respects to Commissioner Gort, Carollo, and Suarez, for once again bringing up the issue of Palermo Senior Center -- PH 11 -- that is here today; just as a brief little catch up on information that you City of Miami Page 26 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 might want to consider when you make your vote. Unfortunately, there is a senior center in Commissioner Russell's district that will be closing on February of 2018, UTD Towers. That is not within our control; it's the building's situation. So we are actively pursuing with the Alliance for Aging and the Florida Department of Elder Affairs to transfer the funds that have been identified, earmarked for that center to be moved over to the center like Palermo. Commissioner Suarez: That's good. Commissioner Carollo: Good. Ms. Ruano: So, hopefully, I won't have to stand here before you again and ask for your support on this issue. But truly, I just wanted to take a minute to say thank you for your continued support. Chair Hardemon: Thank you. Commissioner Carollo: Thank you. Commissioner Gort: Thank you. Chair Hardemon: You're recognized. Deborah Spiegelman: Good morning, Mr. Mayor, Mr. Chairman, and Commissioners. I'm Deborah Spiegelman, CEO (Chief Executive Officer) of the Miami Children's Museum, located at 980 McArthur Causeway. The museum opened on Watson Island in 2003. We opened on time and on budget. And since our opening, we've served over S million children and their families. I'm grateful that the City of Miami has your eye on the future, and is planning improvements which will benefit all of us. I've had the chance to review all of the exciting projects proposed in the Miami Forever Bond offering, and I commend you for your vision. There is one line item which designates $10 million for cultural and historical facilities across the City. I respectfully ask your consideration in directing significant dollars to the Children's Museum. We're in the midst of a $20 million renovation and expansion plan, as we've outgrown the needs of the City. To date, we've raised about $10 million in private funds and support from the State that have been used to make our building more energy efficient. And as we're renovating our galleries, we've been prudent to deliver the message of community resilience. Future plans include a water exhibit that will educate children and families in a very nonthreatening way about sea level rise. We're also inspiring them to think about alternate solutions so they're proactive in their decisions to mitigate and help mitigate the problem in community resilience. We're also collaborating with leading institutions here and in Israel about creating an inclusive sensory space for children with autism. We've always been very inclusive. We have our Sensory Saturday Programs. It's been our privilege to offer City of Miami residents a 50 percent discount off base admission. And in addition to that, 46 percent of the children in our preschool and universal pre -K program are City residents, and 64 percent of the children who attend our charter school reside in the City of Miami. We know the importance of providing access to all families. Just this last Friday night, we were open for our monthly free program, and we had over 3, 000 visitors in a short four- hour period. By directing bond funds to further our mission, we will be able to expand our efforts on multiple levels. I truly believe that the voters will be excited to support an institution which touches all of the children in our City. Directing funds to the Miami Children's Museum will certainly help the bond's eventual passage by residents, and I want to assure you that all of our board members and stakeholders will assist in mobilizing our community. Thank you again for your support. City of Miami Page 27 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: Thank you very much, ma'am. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. Vice Chair Russell: The speaker before that was referring to UID, and I was a little confused, and if I could ask the Manager to look into. They had said UID would be closing in February of 2018, and that is not the date that we were given from the developer and the management company. I just wanted to ask the management to look into the situation with UID. We were told not until 2019, minimum, that that senior center wouldn't be closing, so that's -- if someone could look into that. Thank you. Chair Hardemon: Thank you. You're recognized, sir. Kristopher Fonte: Hi. My name is Kristopher Fonte. Chair Hardemon: Speak into the mike. Mr. Fonte: Hello. My name is Kristopher Fonte. I'm the co-owner of Dogtown, along with my wife, Anai. I'd first like to thank you for letting me speak here today on behalf of Ken's proposed legislation; SR. 1, is it? And I'd just like to tell our story, basically. In 2008, Anai and myself were thinking of a business plan that would essentially work with animals, but as well as making a profit for us. We noticed in Los Angeles and New York, dog walkers and pet sitting companies -- there was a lot of dog walkers and pet sitting companies. But Miami really didn't have anything like that, except for like the neighborhood dog walkers. Some people would have cards and fliers, but not much else. We decided to start a company called Grove Pet Service, a straight company, with business licenses, with insurance, and all that, and have a presence much larger than the local neighborhood. With Anai 's background in marketing, we created an online presence that wasn't seen before. Chair Hardemon: Decorum, please. Everyone in -- outside of the chambers, your voices are carrying on the inside. Sergeant -at -arms, can you please direct them to lower their noise? Commissioner Gort: Mr. Chairman. Mr. Fonte: Ready. Commissioner Gort: Ask him to go in the middle. Vice Chair Russell: Right outside. Chair Hardemon: I did. Please, sir; continue. Mr. Fonte: That first year, we worked 365 whole days. We didn't sleep in the same bed together most nights. We worked all day, walking dogs. And at night, we grew our business; that's what we were doing; working 18 hours a day, every day. It was just two people, love of dogs and business; recognized a need and we filled that need. At its peak, Grove Pet Service was serving over 500 homes, had 12 employees. Back when we started, there was maybe two or three dog walkers online; now, there's hundreds. We essentially created a market for --where there wasn't one. We were the pioneers of that. We later realized that we couldn't compete in such a flooded market, so we decided to open Dogtown over at 3210 Grand Avenue, and it was a hotel/grooming facility/daycare. We wanted to put our spin on it. We couldn't City of Miami Page 28 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 compete with the big box dog places, you know, because the Grove didn't have that much space. So we decided to see what they didn't offer. What they didn't offer was dog walking, so we made that standard in our facility. We took a chance both times, and it worked for us. Never once did we think about opening a place to sell dogs. You know, we knew through research all too well where a lot of these dogs are coming from. Miami's a super unique City. It's a very unique City, with a lot of unique ideas; we're living proof of that. We have the most self-employed business owners and -- that can rival anywhere in the United States. I feel that if a lot of these small businesses would realize where these puppies are coming from, they might not go into that field. There's so many other avenues to take to be in the dog field. Basically, that's my story, and thank you for your time. Vice Chair Russell: Mr. Chairman. Commissioner Carollo: Are you for it or against it? Vice Chair Russell: I'm sorry, can you tell me your name again? Mr. Fonte: Kris Fonte. Vice Chair Russell: How many -- Dogtown has how many stores now? Mr. Fonte: Oh. So thank you for asking. We have one store, but by the end of the year, we just -- we're -- we have a lease for six years left here, and we just signed our lease at the Panorama Tower in Brickell for a 20 year lease for our second store. Vice Chair Russell: And so, your basic point is that you are able to sustain and thrive, and grow as a business without selling animals, so you think--? Mr. Fonte: Yes, yes, yes; very well, actually. Vice Chair Russell: Dog -walking, grooming? Mr. Fonte: Dog -walking, grooming, hotel. Vice Chair Russell: Products? Mr. Fonte: Yeah, products; you name it; any avenue you can take. It's all about recognizing a need for something -- Vice Chair Russell: Thank you. Mr. Fonte: --you know. Chair Hardemon: Thank you, sir. Mr. Fonte: Thank you. Chair Hardemon: You're recognized, sir. Robert Zimmerman: Thank you. My name is Robert Zimmerman. I live at 1000 Venetian Way. Mr. Chairman, Commissioners, I am pleased to hear that the Jungle Island issue has been deferred, and we lookforward to working with Jungle Island in the months ahead. I particularly wanted to thank you, Commissioner Russell, for coming to our building on Tuesday night. We were standing room only, and you were off to the side. And there was a plate of empanadas, and it was 8:30 at night or later, and you, as discreetly as you could, as discreetly as one can eat an empanada, City of Miami Page 29 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 you ate it. And I thought you -- I realized you hadn't had dinner, and I thought, all of us here, we went home and we had dinner, and then we came to this meeting. And here you were, and you stayed till almost 10 o'clock at night. And I -- sincerely, as I told you last time, as a condo board president, that's a small micro view of what you do, but it's a very difficult job, and I cannot imagine what you go through, because people love you until they don't. And so, I want to thank you very much. And I'd also like to say that I feel as if perhaps, respectfully, if in the City staff structure -- I don't know where it would be -- but perhaps things could be made more efficient, because, really, as much as we enjoyed having Commissioner Russell at our building on Tuesday night, I feel as if the item -- this development idea had been --followed a careful process that that meeting would have occurred much earlier on, and that we could have had the Commissioner there at a time when things were more distilled. So thank you very much, and may God bless this Commission and this great City. Vice Chair Russell: Thank you. Chair Hardemon: You're recognized. Peter Ehrlich: Morning, Mr. Chair, Commissioners. My name is Peter Ehrlich. My address is 720 Northeast 69th Street, and I'm going to speak on just a couple items. Regarding the deferral for the items for Jungle Island, if it would be possible for the people from 1000 Venetian -- Mr. Zimmerman, if you could just raise your hand if you're from Venetian Causeway so the Commissioners know you're in the room. And I think there are probably some other people from the Venetian Causeway that were here on the same topic. So the two items have been deferred. Thank you all very much. And that was it. I just wanted to make sure you got a -- you got recognition. And also, I'm here to speak on SR. 2, which is the mural ads, billboards north ofI-95. I support the legislation to ban billboards north of I-95, and I hope you'll approve the item with no carve -outs for any additional properties. And one more quick item pertaining to Mayor Regalado, There's the event tomorrow at noon for the birthday celebration of 121st birthday of City of Miami and the new monuments for Lemon City. That's tomorrow at noon, Lemon City Branch Library. Thank you very much. Chair Hardemon: You're recognized, ma'am. Sonia Succar Rodriguez: Morning. How are you, Commissioners? Sonia Succar Rodriguez. I live at 1683 Southwest 17th Street, but I'm here on behalf of the Nature Conservancy. I'm Miami City's program manager. We are one of 20 cities that the Nature Conservancy is investing in. For those that don't know the Nature Conservancy, we've been around 70 years. It's the largest environmental organization in the world. And our latest effort is really focused around cities. We recognize that humans are moving towards cities. By 2050, 70 percent of the world's population will live in cities. But that comes with a great cost, and we recognize that there needs to be infrastructure investments made to help the future population of these cities, so we were very excited when this bond possibility came up. Thank you, Mayor Regalado, for pushing this forward. But I just want you to know that the rest of our cities and our other leaders are looking very closely at this, because they're waiting for changes to be made. The future of Miami is really dependent on what we do right now. I think some of these investments should have been made some time ago, you know. And I previously worked with the City of Miami in the sustainability department, and this is exactly what we needed, so this is the time for this. Our organization is fully dedicated to supporting you as you guys identify these projects. I know that the bond rating is very high right now, so this is a great time. And more than anything, I think we need to show not just locally, but throughout the State and country that we are making these investments. It's not happening federally -- that leadership is not there -- so it's really dependent on our cities to step up to the plate. So I strongly encourage you to support RE. 3, and let you know that the Nature City of Miami Page 30 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Conservancy is here fully to support you as you identify these projects and push them through. Thank you. Chair Hardemon: Thank you very much. You're recognized. Olga Granda: Hi. Olga Granda, 3444 Main Highway. I'm following on Ms. Succar Rodriguez' point. I'm also here to support RE.3, the Miami Forever Bond. She mentioned this decision is a long game for our City. Sometimes, you know, some of you are term -limited, but most of us, as residents, are not term -limited. We're here for the long term. So let -- We also know that vision can be limited by resources. And so, this is an opportunity to give the future resources to actually make things happen and execute on important projects in our infrastructure. So I ask you to invest in our future and support this bond. Let the voters vote on it in November. Thank you. Chair Hardemon: Thank you. Sir. Nathan Kurland: Good morning, Commissioners, ladies and gentlemen in the audience. My name is Nathan Kurland, 3132 Day Avenue. Forgive a short riddle. Vice Chair Russell: Here it comes. Mr. Kurland: What do you call a blind deer? No eye deer. And what do you call a blind non-moving deer? Still no eye deer. This riddle reminded me of this agenda. There's a lot of items that I was scratching my head about. I completely support RE. 3, the referendum bond, but I don't understand why there isn't an accommodating motion to limit construction along the water. What's the point of all -- spending all this money on resiliency if we keep allowing more and more condos to be built below sea level? No eye deer. I'm here to speak about SR.2, billboards on walls; sometimes many of you call them "murals. " I believe there should absolutely be no cutout. And during SR. 1, during this same motion, there was no discussion about the 10 year vesting. There's no vesting for billboards on walls. And I don't understand why we're suddenly 10 year vesting, and I would love to hear some conversation regarding 10 year vesting on billboards on walls. And finally -- although absolutely, there's so many items in this agenda, which is why it weighs over a pound -- I want to talk about the settlement with FPL. I attended the Nuclear Regulatory Commission meeting in FIU, where our City Attorney spoke so eloquently, where Mayors Stoddard and Lerner spoke so eloquently. Over a thousand people came to say, "No; no more nuclear power here; certainly not to build regu" -- "to build nuclear power plants that are going to supply power to Georgia and South Carolina. " What are we doing? No eye deer. Please do not pass this settlement. Thank you very much. And to end, I just want to say I told my wife last night that we were having venison for dinner, and she said, "Oh, dear." Chair Hardemon: You're recognized, sir. Michael Hecht: Hello. My name is Michael Hecht. I live at 2456 Oak Gardens Lane. I'm here in opposition of SR. 1. You know, I believe -- I'm a firm believer in animal rights, fighting for animals; that's why I chose to dedicate my life to the pet industry. I do work with puppies and cats, but I also work at a wildlife refugee [sic], where we also, you know, help a lot of animals who have been abandoned. So I do support animal rights, and I think there are a lot of different ways to fight for them. Fighting pet stores specifically, I don't feel is the right way to fight for animal rights. Yes, the consumer has a choice. And like people said, "Maybe the pets don't have a choice, because they don't have a voice. " So there are people who want to step up and kind of make sure those changes are being made; making sure we're supporting ethical breeders and the ones that aren't ethical -- I mean the ones -- and not City of Miami Page 31 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 supporting the ones that are not ethical. That's a positive way to make a change; to make sure you're working with the right people who do care, as much as we do; not attacking people that we're not really sure how they're operating. But if you want true transparency, go to a place that isn't afraid to show you where their puppies came from, what sort of breeders they work with, and all that. That's all I have to say about that. Chair Hardemon: Thank you, sir. Mr. Hecht: Thank you. Chair Hardemon: You're recognized, ma'am. Marissa Amuial: Morning. Marissa Amuial, with Akerman. Our offices are at 98 Southeast 7th Street. We represent the Miami Design District and Associate Entities, and we are in favor of SR.1 -- SR. 2, the proposed legislation regarding the mural boundaries, and we favor the proposed Exhibit "B "and oppose the recommendation by PZAB. Exhibit "A" depicts what the murals are -- The current boundaries in Exhibit "B" would limit those boundaries that no new murals could be installed north of 195. NIDDA (Miami Design District and Associates) is the property owner most impacted here, and the largest stakeholder in the area, and we designed and created a beautiful, high-quality and low -intensity neighborhood; spent hundreds of millions of dollars creating this international retail cultural center, which is a true asset to Miami. And part of that vision is to limit commercialization and the murals that are popping up in the neighborhood. So we want to limit any new commercial murals which are a detriment to the community, and the idea is to preserve the aesthetics and ensure uniformity in the Design District. We're against additional carve -outs, such as the one that was proposed by PZAB. This is not just about the SAP; this is about the neighborhood, as a whole, and preserving the character. So -- and also, from a legal perspective, these are temporary transferable, assignable murals. So, again, we are in favor of the proposed legislation for SR.2, and we request some time if there is a discussion on this item. Thank you. Chair Hardemon: Thank you. Luis Marquez: How are you guys doing, Commissioners? My name is Luis Marquez, a resident at 8625 Northwest 169th Terrace, in Miami Lakes. I'm also the owner of Petland in Pembroke Pines. I'm here today because I want you guys to kind of get an idea, Commissioners, that you -- You know, I'm here in support of the pet stores. I think that they would tell you that we can all get better every day. I think that, you know, what we got to look at is that there's -- these are legal businesses that pay taxes, and fill a need in your communities. And employees are going to lose their jobs herein the City of Miami. I'm here just in support of them. I'd like for you guys to take a look at what a positive influence pet stores can actually do in the community, unlike some of these activists that are here today. Ask them what they're doing for kids, for homeless and things like that in their communities, all right? Please take a look. This also mentioned where we purchase our puppies, and I think that's where regulation comes in, where you guys can really, really help everybody, and find a solution instead of banning local businesses. Please take a look. This is not working. Unidentified Speaker: Hold on. Mr Marquez: Thank you. All right. Sothis is my family and I. I'd like for you guys to look at this and please tell me if these are puppy mills. Ask the activists here today if these are puppy mills. You know, to them, any commercial breeder is a puppy mill, and that's kind of why there's such a disconnect. These are pictures of City of Miami Page 32 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 my family; my wife and my son, that's here today; myfather. We go out and we visit our breeders. We make sure that this is where we get our puppies from, all right? And I think that every pet store could do this, every single pet store; and I think we could fine regulation -- all right? -- and not put people out of business. And then, this is what we do for our community, all right? This is what we've done in 10 months in Pembroke Pines, and I think that we can all do this. You guys can help. You can help keep businesses in -- all right? These are things that we do for all of our people, all of our community. This is puppy therapy, vets, veterans. This is, you know, autistic children. We donate puppies to them. We're at puppy therapy. We donate food to our K-9 units every single month. This is what a business can do, and I think that if you guys really look at it --And you don't have all the facts. Let's table this and let me get you more facts so that we can go ahead and move forward, and don't put people out of business, guys, all right? Thank you. Thank you very much. Chair Hardemon: So you're recognized in a much different way, because you're Constance Jones, so we recognize you. Constance Jones Simmons: Yes. Hi. Good morning, everyone. My name is Constance Jones Simmons. My residence is at 3301 Northeast 1st Avenue. Today I speak in support of the Miami Forever Bond. I speak not only as a taxpaying resident in the City of Miami; not only as a former member of the media, nine years at ABC (American Broadcasting Company) News; but also as a young professional, who made the decision, with her husband, five years ago, to purchase a home in District S, specifically for the thriving art community. The bond proposal includes funding for cultural initiatives in our City, which could and should include financial assistance to a standing institution in Wynwood. I'm talking about the Bakehouse Artist Complex. This facility is one of the only facilities in the area, in the City of Miami, that gives a place for the artist to create. We understand that Wynwood is a fun place, filled with coffee shops and different places to shop, but the warehouses that used to hold those artists are being pushed out. My husband, Troy Simmons, has been a resident artist at the Bakehouse Artist Complex for over four years. He, along with so many other artists -- a few of the artists which are here today -- want to be here and want to continue to create. The Bakehouse will be petitioning for some repairs now in need for the structure that was built back in the 1920s. Butl'm not here to outline the repairs that are needed for the building. More importantly, I'm here to ask you, implore the Commission to pass the resolution on the Miami Forever Bond. Thank you. Chair Hardemon: Thank you very much. You're recognized. Avra Jain: Hello. Avra Jain, 720 Northeast 69th Street. I'm asking here for the Commission to support my item number CA. 10, which is the historic ad valorem tax exemption. It's a property tax abatement for the improvements made to the Vagabond; not just for myself, but there will be subsequent CA (Consent Agenda) items for other historic properties. I would like the Commission to know, though, it's taken three years, so this is an incentive that was touted when I first started historic preservation, and it's taken three years to go through the process and procedure. And I'm fortunate enough to have the abilities to do this, but I think there's a lot of small historic developers that are kept out of this because of the procedure. So I'd ask the Commission to maybe speak with staff about how -- making this more available to more historic property restoration projects. In the same way, I'd like to support the Forever Bond Fund and ask that the Commission consider Dade Heritage Trust as a recipient of some of the funding. I think we talk about resiliency and sustainability, but I think cultural resiliency is a big part of that conversation, and I think Dade Heritage Trust and other preservation groups are the ones championing those efforts. Also, Water River End is on the south side of the river. I know item number PZ.20, the River Arts Project is in Commissioner Carollo's City of Miami Page 33 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 district. The River Arts Project is going to bring food and beverage to the south side of the river. I can tell you that we've -- we're a little disenfranchised on the south side. The north side enjoys that walkability and the activation on the river that the south side hasn't quite yet had a chance to enjoy. We would appreciate more of those types of destinations in that neighborhood. So thank you very much for your time, Commissioners. Chair Hardemon: Thank you. You're recognized, ma'am. Bibi Baloyra: Good morning, Mr. -- Mayor Regalado, Mr. Alfonso, Chairman Hardemon, and Commissioners. Thank you for your leadership and service to Miami. My name is Bibi Baloyra, and my address is 8101 Biscayne Boulevard, Miami 33138. I live and work in Chairman Hardemon's district, as I am the executive director of the Bakehouse Art Complex. I'm here both as a citizen and as the leader of the Bakehouse, Wynwood's true artistic pioneer, in the former American Bakeries Company industrial bakery located at 561 Northwest 32nd Street, Miami 33137. For over 30 years, the Bakehouse has provided affordable studio space for artists to work and contribute to Miami's creative economy. Weare a non-profit organization that has enjoyed public support at the organization's founding and through the years. We thank you for this generous support, which has allowed us to provide community programs and serve our neighborhood and the City of Miami as it has evolved as a global destination for contemporary art. Through the years, we have been recognized for our work by being included in the Whitehouse Annual Arts and Humanities Report in 1996; and most recently, by a mayoral proclamation this past March when we celebrated our 30th anniversary. Thank you again, Mayor Regalado, Chairman Hardemon, and Commissioner Gort, for this generous recognition. I'm here to urge your support of RE.3. Our cultural facility is a public asset, and a game -changer for more than a thousand artists since we opened our doors. We're open seven days a week, with free admission. And as we enter our fourth decade of service, we remain a vital resource to Miami's burgeoning creative economy, and respectfully request the support of the Miami Forever Bond. Thank you. Armando Borges: Good morning, Commissioner. My name is George Armando Borges. I reside at 8743 Northwest 140th Lane, Miami Lakes. I am a store owner and animal lover; had my business for five years; never had a problem. Our customers keep coming back. I mean, they all take our cell phones, call us 2, 3 in the morning. We answer the phone and take care of any problem the dogs have. And people should have a choice of buying dogs or adopting. I don't -- I'm not against adopting dogs, but people should have a choice. Thank you. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: I just want -- Chair Hardemon: Sir. Commissioner Carollo: Sir. Mr. Borges: Oh, yeah. Commissioner Carollo: The address of your store? Mr. Borges: 2050 West 56th Street, Hialeah, Florida. City of Miami Page 34 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Carollo: Thank you. Mr. Borges. You're welcome. Chair Hardemon: You're recognized, ma'am. Christine Rupp: Good morning, Commissioners. Christine Rupp, executive director, Dade Heritage Trust. I'm here in support of RE.3, the Miami Forever Bond. I applaud you for your efforts to look at sustainability, the -- Miami's future and a vision for a better Miami in years to come. I also want to applaud you for your efforts in hiring Jane Gilbert. Bringing Jane on as Chief Resilience Officer was a wonderful more. I had the pleasure of working with Jane in many projects in the past, and I understand her passion for the City of Miami, her expertise, and also her vision and knowledge, so she's a wonderful asset. I do want to say that in looking at the line items that are proposed for funded, we'd love to see more funding for parks, recreation, infrastructure, restoration, rehabilitation of City of Miami owned assets, and especially those that are historic. Given the amount of funding necessary only for the Olympia Theater, our beautiful downtown gem, it appears that we could use more money in that particular line item, and I would ask you to consider that. As you are aware, through letters and email communications, and as our board member Avra Jain spoke, Dade Heritage Trust is also asking for consideration of funding within the bond, and I will tell you why. In the last year and a half, since I've come on as executive director, we have partnered with the City of Miami and showed ways and willingness to support your efforts through working with Parks and Rec. (Recreation), working with DREAM (Department of Real Estate and Asset Management); and, of course, working with the Preservation Office. The issues that Ms. Jain talked about, about timing and sometimes the difficulty of the process really have to do with the staffing concerns within the Preservation Office. For a city this size, it's a very small staff. And Dade Heritage Trust, with its expertise in designation services; with its expertise in restoration and a track record of working with the City to restore -- sorry -- historic assets in public places, we could become a great partner with your Historic Preservation Office, and we would welcome these efforts, and we hope you will consider funding of Dade Heritage Trust within the bond. This also ties into Commissioner Russell's RE.13 item for designations in Coconut Grove. Also, if you would allow me, can I represent another entity up here -- The National Trust for Historic Preservation -- by reading a letter into the record? Chair Hardemon: You can supplement the record with the letter, but I'm not going to allow you -- Ms. Rupp: Okay. Chair Hardemon: -- because your time has expired. Ms. Rupp: Okay. Thank you. Chair Hardemon: Okay. Thank you so very much. You're recognized, ma'am. Frances Fonseca: Good morning. My name is Frances Fonseca. My address is 19831 Northwest 82nd Court, and I'm here to touch briefly on SR. 1. I will like to say that I have no sense of time, so when my two minutes are up, feel free to cut me off. Chair Hardemon: There'll be a "beep" that you'll hear. Ms. Fonseca: Perfect. All right. So I -- City of Miami Page 35 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: Can you reset her time, please? Yeah make sure we're diligent about the two minutes. Ms. Fonseca: All right. So I'm here today because I feel that the experience that a pet store provides and has provided tome and my family is a really unique one. I work for Luis Marquez. I am an employee at Petland in Pembroke Pines. I first heard of Petland -- My parents and I went and purchased a Yorkie a few years ago, and the experience that we had with that little baby in our home was a very unique one. When I left to college --I studied at Goshen College in Indiana -- my mom went through some severe depression, you know, and not having me, her oldest daughter at home was a little bit troublesome for her, so that puppy was able to provide love, and she was able to see that puppy grow up from eight weeks to now. She is almost six years old, and the love that my mom received and was able to give that puppy definitely helped her transition into me becoming an adult. And, you know, she is a member of her family, and we love her greatly. A few years later, I went back to Petland,• actually met Luis Marquez at the store. I had just returned from college, and I was ready to get a puppy of my own, and we got Olivia, a Goldendoodle, and I couldn't imagine my life without my puppy. She is my emotional support animal, and she's literally my other half. I love her to death. I am confident in the amazing work that the Marquez family does at the store, at Petland, and for our community; so much so that in getting to know him and getting to know what the store does for the community, I felt very moved by it, and I accepted a position to come and work in the store. I've now moved on into management at his store, and I honestly put my career on hold. I finished my bachelor's degree, but I was just so touched by all the amazing things that the Marquez family does for the community, and does for so many people, and they touch so many lives that I accepted a position at the store. Thank you very much. Chair Hardemon: Thank you very much. Mayor, you're recognized. Mayor Cindy Lerner: Thank you. I'm Cindy Lerner, 5901 Moss Ranch Road, Pinecrest, and the former Mayor of Pinecrest I'm here to speak this morning to you on RE.16, in opposition. It's listed as a settlement. I would characterize it more as FPL's enticement for the City of Miami to surrender. We've shared a common goal for the last seven plus years. Initially, it was to protect our shared economic interests along the U.S. I commercial corridor, our gateway to our communities, to defend our development and zoning laws, and to demand that FPL, as a monopolistic utility, substantiate the need for new nuclear power that could have significant deleterious impact on our residents' health, on the safety, and on the protection of our sole water source, our aquifer, to all of our residents. We joined together in legal costs, in strategy, in advocacy. And as litigants, we went before a hearing officer, then the Florida Cabinet and Governor, as a citing board. And then, in court, we won at the Third District Court of Appeals, and on up to the Florida Supreme Court. Let me say that again. We won all the way through the legal side. We've not only had the law on our side; we've had the public on our side; and for the last couple of years, we've had the Florida Legislature on our side. Much of that has to do with how FPL, as a brand, has become extremely distrusted and huge unfavorable ratings throughout the entire State of Florida. We've continued the battle to protect our residents from financial overreach by FPL against the Rapiers; the shared costs in strategy; the shared advocacy in demanding that they comply with the law, which requires that they substantiate the need for new nuclear power before they continue to charge increased subsidies in the form of early cost recovery. We joined in fighting against the pollution and the contamination of our Biscayne Bay by the leeching of radioactive waste from the cooling canals. And now, after years of partnership and sharing our goals to protect our residents, this Commission has decided to throw in the towel; to give in to FPL, and give up the fight. This is not so much a settlement as allowing FPL to silence you from continuing to fight and City of Miami Page 36 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 protect your constituents, and by demanding the accountability you had previously demanded through the litigation that, again, we won. And what are you getting in return? FPL has agreed to cover two-thirds of the cost of an unnecessary and currently unauthorized transmission corridor being undergrounded. And with only a promise of a 20 year moratorium, they would then have to come back before the City and litigation would then ensue. FPL said that you're doing what's best for the City. Unfortunately, I believe what you're doing is what's best for FPL; not for your City. What you're doing for FPL is priceless. You're walking away from the residents and you're turning your back on our shared goals. The Cities of Pinecrest and South Miami will continue to find away to fight --continue this fight. We will find new partners, but your constituents should be forewarned that this Commission can be compromised and can be paid to be silent; to turn your back and give up on standing up for your residents. Just like a candidate who takes campaign money from a special interest and then votes in the interest of that donor, this Commission is doing the same thing, getting bought off by FPL to drop out -- Chair Hardemon: Mayor Lerner -- Mayor Lerner: -- and turn away. Chair Hardemon: --this is highly offensive. Mayor Lerner: Thank you. Pardon? Chair Hardemon: Your comments, the last bit of your comments were highly offensive. I mean, we allowed you to speak, you know, because you are the former Mayor of Pinecrest We appreciate your comments, but we just -- you know, it's objectionable, on the behalf of the Miami City Commission, that we would have to accept you putting forth those type of facts against us. And that -- I mean, you represent a city, we represent a city, and we would never come to your Commission to say such blasphemous things as you've said, even if we didn't agree with something that you were doing. So we just want you to -- I mean, this is what I have to say, but, you know, it's -- I don't want to get into a long discussion about it, but it's just --you know, that's just a tough thing for us to swallow as your colleagues. Mayor Lerner: Okay. Chair Hardemon: Okay? But thank you so much for your thoughts. Mayor Lerner: I apologize. We have invested significantly -- financially, and in many ways -- as partners. So as a partner to litigation after all of these years, I felt it was important to say what l personally feel about how the City is being silenced. Chair Hardemon: Thank you very much. Mayor Lerner: Thank you. Chair Hardemon: You're recognized, ma'am. Stefani Victor: Hi. My name is Stefani Victor. I'm against SR.1. I reside in 8341 Northwest 17th Court. I work for Petland, and that's something I say with a lot of pride, because I know where our puppies come from. I have a puppy from there myself. I'm in love with my puppy. I know what we do for the community every day helps people. We have 30 staff members --that's 30 mothers, college students, future business owners -- 30 members of my family. And we don't send puppies home for money. We send puppies home because we love puppies. We love --everybody who works there loves these animals. That's all I have to say. Thank you. City of Miami Page 37 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: Mayor Stoddard, you're recognized. Mayor Philip Stoddard: Good morning. I guess it's still morning. Friends and colleagues, thank you for the opportunity. So this settlement agreement not only undergrounds some of your lines, but also backs out of the legal proceedings concerning FPL's other environmental and economic activities. The settlement is saying in its way that Miami no longer cares about whether FPL pollutes the aquifers, Biscayne Bay, or the Southeast Coastal Everglades. It says that Miami no longer cares if FPL builds nuclear plants and stores nuclear waste at a coastal site subject to sea level rise and storm surge. It says that Miami no longer cares if FPL charges City residents and businesses early cost recovery for unjustifiable expenses. That's what it says. I'm not convinced that's what you all believe. I don't know that those statements are true. I also speak to you as a partner. Pam Rauch of FPL praised you this morning for your collaborative solution in crafting a settlement agreement with FPL that cuts out your partners, South Miami and Pinecrest. And as your partner, I naturally have a different perspective. Until now, your City and mine have collaborated in caucus on our joint legal concerns, concerning protection of the urban environment, natural resources, and our economies. You were happy to solicit, receive, and spend money from the citizens of South Miami and the citizens of Pinecrest for our shared legal expenses, but recently, you broke out on your own and crafted a settlement agreement without consulting your legal and financial partners. So this is not the level of integrity with which I treat my partners, and should you go forward, as proposed by the settlement agreement, your actions will send a message to any future partners and future collaborants [sic]. So I recognize that you did swear to best represent your constituents, not mine, but you shouldn't take your eye off the big picture, and the larger community in which we work and live, and govern together. And thank you for your time. Thank you for your consideration, and I know you'll do the best thing. Thanks so much. Chair Hardemon: Thank you. You're recognized, ma'am. Meg Daly: Thank you, Mr. Mayor, Chair, and Commissioners. My name is Meg Daly. I live at 1004 Cotorro, in Coral Gables, and I'm president and CEO of Friends of the Underline. Thanks to you, City staff, and the City Attorney's Office for ensuring the undergrounding of the new FPL transmission lines in the City of Miami, item RE. 16. The alternative to undergrounding 100 -foot -plus poles along U.S.1 in the City of Miami was simply had With the City's substantial commitment to the Underline Project, we now want to make sure that your investment and the Underline vision is protected. And since this process will be complex and go on for a long time through this undergrounding process, we respectfully request that FPL work closely with all relevant entities to minimize negative impacts on the vision and activities along the Underline and our community during the installation and maintenance of these lines. We ask that FPL also make best efforts to optimize opportunities for landscaping above buried lines and near manholes to minimize the impact of the new infrastructure. There's a lot of commentary on this item today, and if it goes to vote, we have proposed a minor amendment to the agreement that reflects this request, which I will submit to the City Clerk. Thank you so much for your time and your efforts in this complex negotiation and agreement. Chair Hardemon: Thank you. You're recognized, sir. Steve Wernick: Good morning, Mr. Chair, Commissioners. Steve Wernick; address at 2501 Swanson Avenue. I'm here today in my capacity as the chairman of the City of Miami Waterfront Advisory Board to speak on item RE.3, at the request of our board. The board received presentations from the City Administration June 13, and also at our July 11 meeting, including specific attention given to waterfront related City of Miami Page 38 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 capital projects, with a clear priority focus on addressing connectivity of the river walk and bay walk, which promotes public access, as well as storm water and sea level rise mitigation and adaptation, which are issues that have been front and center these last few years in front of our board and others. On July 11, our board passed a motion, M-17-009, supporting the General Obligation Bond, and recommending the City Commission place the bond referendum on the ballot for consideration by the voters. Additionally, we recommend allocations specifically for waterfront related projects in keeping with the natural coastline, including blue and green infrastructure, and natural mitigation and restoration projects, completion of the river walk and bay walk connections, and additional projects in keeping with the mission of the Waterfront Advisory Board. I think there's a major link between our investments in smart and sustainable infrastructure, and economic benefits, as well as the health, safety, and public welfare of our communities, our families, and our children. Thank you. Chair Hardemon: Thank you, sir. You're recognized. Steven Bagenski: Hello. My name is Steve Bagenski, and I live at SSS Northeast 15th Street, Miami, Florida, which is near Edgewater. I'm also a Florida State Council member for the Humane Society of the United States, and I'm here to ask you to support SR.1, which is restricting -- the bill restricting the puppy mills. I'd like to say that I'm here as a voice for those that have no voice, and they number in the thousands and thousands. I'm here to be their voice, for all the puppies languishing in deplorable conditions, in barren, tiny, filthy cages; in overbred puppy mills, facilities with minimal veterinary care, and absolutely no enhancement, all so someone can make a buck off of this cruelty. On the flip side, there are huge numbers of unwanted or abandoned animals in rescue nonprofit facilities that need homes. I implore you to take a stand for those that have no voice, and end this cycle of abuse and cruelty. Please support the ordinance. Thank you. Chair Hardemon: Thank you, sir. You're recognized. Michael Rosenberg: Hi. Michael Rosenberg, 13030 North Okaloosa Club Drive, Miami, Florida. As president of the Pets Trust, and being a active community activist, usually, I like to tell elected officials what I think they should do. But this is a little bit different. There's -- I'm very conflicted here, so I'm going to basically make some suggestions for you to think about. You know, when you want to close a business, people that have been in business 12 or 14 years -- I don't like Publix. They sell beef, they sell chicken, they sell cigarettes, they sell liquor. We try to make regulations to make it better. But I m also hugely conflicted with the puppy mills and the inhumane ways that these puppies are raised on these puppy mills. Case in point: My daughter has a 14 year old Shiatzu. 14 years later, still eats his own poop, because he was raised in a cage that wasn't cleaned. So I see that. So we have a huge conflict. Do you close someone's business, or do you try to regulate where the puppies come from? So I looked up -- Well, before I go on, on my computer right now, at home, there's -- it's open to a screen. When I get home, I can do this. All I have to do -- They're in my shopping cart. All I have to do is hit "send. " I just ordered three puppies. They're coming from somewhere in the middle of the country. I don't know anything about them. I'll just hit "send," and in about four days, I'm going to have three puppies delivered to my house. Think about that with what you're doing here today and how much stronger what you really need to do is, and that you can do. So there's regulations. You want to open a liquor store, tons of regulations. If you want to open a daycare, tons of regulations. If you want to open a laundromat, tons of regulations. If you want to open a puppy store, there's hardly any regulation. So I urge you to -- when you make your decision on this very difficult decision, if you allow the stores to stay open, create some rules that are extremely strict, and if they're not enforced, they're -- the stores can be shut down. If City of Miami Page 39 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 you want to play in this world of selling puppies, have rules that you have to follow, and make them strict. We can make the rules very strict. Like, for example, know where the puppies come from; actually visit the place; have all sorts of signed documents. And then when you create legislation, whatever you do today, urge other cities, other communities; urge the State Government to go to the source of the problem and create regulation that can control and watch, and dismember these puppy mills, because, remember, whatever you do today -- and if you celebrate, as the Mayor of Sunrise did after he banned puppy mills -- puppy stores there, he said, "We made a major dent in this business. " My computer would beg to dimer. I can go home and hit "send. " I just ordered three puppies. Thank you. Chair Hardemon: Thank you, sir. You're recognized, ma'am. Wendy Kaplan: Good morning, Commissioners. Thank you for having me here today. My name is Wendy Kaplan. I am here on behalf of Best Friends Animal Society, and we're in full support of Ordinance Sl [sic]. The fact is, puppy and kitten mills are in business to supply pet stores. And although they may be regulated by the USDA, Federal care standards do not ensure quality breeding or a humane life for these animals. This kind of substandard breeding means the unsuspecting buyers are often faced with a pet having physical, genetic, and psychological problems that result in many of them being surrendered to already overcrowded shelters when the emotional toll and vet bills are more than the buyer can manage. So this is not just a humane issue; it is also a consumer protection issue; and yet, there is an alternative, which is for these stores to stop supporting puppy and kitten mills by transitioning to an adoption model, as thousands of pet stores across the country are already doing, and doing so very successfully. So this measure would not prevent pet stores from doing business; it would not impact responsible hobby breeders, who continue to sell directly to the public; and, of course, it would not prevent anyone from adopting an animal or a sweet puppy to call their own. Shelters and rescue groups are full of amazing dogs, cats, puppies, and kittens looking for homes; and yet, those animals are dying in the highest numbers in our shelters, simply because there isn't enough space to house them all. This ordinance is fair, effective, and a reasonable way to prevent an endless supply of poorly -bred puppies from being imported into the community so that consumers are protected, and fewer animals will have to suffer. It will also relieve the burden on shelters, and therefore, the taxpayers who subsidize their shelters by getting companion animals out of those facilities into retail settings, where they have a greater chance of being adopted by the public. That's why more than 50 other communities throughout Florida have enacted similar ordinances, and we urge Miami to do the same. Thank you. Chair Hardemon: Thank you. You're recognized, sir. Jose Regalado: Jose Regalado, 2424 Southwest 20th Street, Miami, Florida. I'm here as a -- two part. I'm the vice chair of the Sea Level Rise Board, as well as a member of the Building Better Communities General Obligation Bond Advisory Board in the County. And specifically, what I want to talk about that is that the GOB bond in the County had very loose requirements. There wasn't any projects actually put out. The Advisory Board then modifies those, and with guidance from the Commission, et cetera, et cetera, as we go on that this -- it evolves as other projects change. This bond that is going here -- the Sea Level Rise Board has worked hard to get to this point. This is the whole reason for it. We will continue to work, along with Jane Gilbert, and the Advisory Board that eventually gets put there. This isn't a bond that is -- This isn't the Global Plan, this isn't -- and this isn't even like the Marlins Stadium. This is something that you've had public comment, that you guys had this brought out two months ago, and you asked for it -- rightly so -- to go then speak over with public insight. We've had hundreds of stakeholders come out to City of Miami Page 40 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 each one of those meetings, and to then meet about what their problems are. This is about infrastructure and public housing, and that's all it is. This is something that we need. Every resident here suffers from either flooding or from an issue later with gentrification. That's it. We have the support. I'm the only one here from the SLR (Sea Level Rise) Board. Thank you. Chair Hardemon: Thank you, sir. You're recognized, ma'am. Rebecca Zucker: Yes. Thank you. My name is Rebecca Zucker. I'm from Fort Lauderdale, and I'm down here in support of SR. 1. I'm hoping that you all will vote "yes. " My county seat recently passed the same, and I'm looking for your support in a neighboring county seat to do the same. Thank you. Have a great day. Chair Hardemon: Thank you. You're recognized, ma'am. Stephanie Bechtler: Hello. Good morning. Thank you for having me. My name is Stephanie Bechtler. My address is 12411 Southwest 15th Street. I'm hereto support pet stores. I've worked at Petland Pembroke Pines for the past 10 years and -- closer? Commissioner Suarez: Yeah. Grab it, grab it You can grab it. Ms. Bechtler: Grab it? Commissioner Suarez: Yeah, yeah. There you go. Ms. Bechtler: Better? Commissioner Suarez: Much better. Ms. Bechtler: Okay. I've worked for Petland Pembroke Pines for the past 10 years, and I just -- I didn't prepare anything in particular, but I did want to tell you about my experience. I purchased three puppies from our store myself,• two within my family, as well. I urged them, and they've had a great experience. I know the love and the care that we give to our puppies, and I know where they come from. A few things I just want to mention. We do purchase all of our puppies from either hobbyists or USDA licensed breeders. And I think the important thing to me is that not only do we purchase from hobbyists or USDA licensed breeders, but we work with only the best that supersede the standards that are asked. As the owner of the store mentioned, Luis Marquez, he takes the time to visit our breeders. We have a lot of information we can show and give, and we're very confident where we purchase them. I'm confident enough that I'd get my fourth, and I'm sure I will get my fourth. The other thing I want to mention is that if we were to get rid of pet stores -- I am a firm believer of choice, but at the same time, I am a believer that what will happen is we will push this market underground. I've worked in the store long enough to know that when somebody wants something, they're going to find a way to get it. And if a store like mine that is legal, regulated does not exist, what's going to happen is customers will go to the internet, which you are all aware of the Florida Lemon Law, which protects our customers. It basically states that if you purchase from a licensed dealer, you have the right to a healthy dog. So if they were to go online, they wouldn't have that right, and that's a big concern for me. Other than the fact that I love what I do and I want to continue doing it, I've invested 10 years of my life. My son, my family, we all eat and sleep by what I do, and I want to make sure I can continue to do that. And you see all of the great things we do within the community. We have so much information if you just want to see. We are constantly donating to Blues for Vets. We donate to children in need. Like I mentioned, we visit our breeders. I think we go above and beyond, and I think the idea of setting standards, City of Miami Page 41 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 more regulation, fine. We're happy to meet those needs, just because we have the same best interest of getting healthy, happy pets. Chair Hardemon: Thank you very much. Ms. Bechtler: Thank you. I appreciate your time. Chair Hardemon: You're recognized, ma'am. Sabrina Rovito: Hi. My name is Sarina Rovito. My address is 5700 Collins Avenue, Miami Beach, Florida. And I am in favor for the ban of retail sales of puppies. The man that showed you those beautiful pictures of puppies from Petland Pembroke Pines sold me a very sick puppy with pneumonia, and he almost died in front of my daughters. I paid $2, 000 in vet bills, and I paid $4, 000 for a breed that isn't even the one they sold me. They gave me the name of the breeder, and I've called constantly, and it doesn't even exist. It's not about the store; it's about the sourcing of the stores, and I ask them to ban the retail sales of puppies. Chair Hardemon: You're recognized, ma'am. Allyson Warren: Gentlemen, nice to be back. Allyson Warren, 650 Northeast 82nd Terrace; in favor of SR. 1. It's nice to have pet stores that sell puppies from puppy mills in Pembroke Pines. Unfortunately, there are also phone bank breeder support people, who bring in puppies from all over the country, simply by phone. What the gentleman stated about how he contributes to the community, it's Pembroke Pines; it's not the City of Miami. And he can bring all the employees that he wants, but they're still not in the City of Miami. We have got a situation where Animal Services, in spite of some testimony you might hear, kills 30, 40, 50, 000 animals a year. And even with their brand-new facility, which is there to take in more animals, rather than fewer, the kill numbers are ridiculous. I've gotten -- You're going to hear testimony that Animal Service does -- Animal Services doesn't have purebreds. I've gotten two purebred golden retrievers, two purebred German Shepherds, and a purebred black Lab. (Labrador), all from Miami Animal Services. A lot of the puppies that go there because people don't -- the mothers with the puppies. Puppies are frequently pulled, because if the mother doesn't get adopted, the puppies are going to get killed, unless they've got space, after three to five days; that is a sure thing. The statistics that have come out of Animal Services have been manipulated in many ways, but the bottom line is, you've got places like the -- one of the first gentlemen that testified with the dog walk shop in the Grove -- that have -- sell very high-end product; food, collars, leashes, supplies, daycare. There's a huge amount of money in that; over $60 billion in ancillary animal support services. That's not going to put these people out of business. It's going to gain them more money, rather than $5, 000 a head puppies. Chair Hardemon: Thank you very much, ma'am. Ms. Warren: Thank you. Chair Hardemon: I will forewarn you that at two minutes -- Fran Badlotto: Good morning. Chair Hardemon: -- I will stop you. Ms. Badlotto: My name is Fran Badlotto. Documents have been given to you in a red folder. It's the one that says "CVL" in purple marker. The certificate of veterinary inspection, a CVI proves that Puppies to Go bought three Yorkshire City of Miami Page 42 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Terriers, from the video you're about to see. This is what supplies that store. You will hear her, the breeder, say, "Don't tell anyone I let you go through my building. " Puppy mill breeders do not let people on their property, and you will see why. This video is two minutes long. Chair Hardemon: I'm going to stop it. I will stop it, so if there's a part in there that you want us to see, I want you to get to that part. Ms. Badlotto: It's two minutes. Chair Hardemon: Did you hear what I said? Ms. Badlotto: So -- Chair Hardemon: You can press ' play. " Press ' play " Note for the Record: At this time an audiovisual presentation was given. Chair Hardemon: All right. You're recognized, sir. Mayor Joe Carollo: Good morning, Mr. Chairman. Good morning, members of the City Commission. For the record, my name is Joe Carollo. I live at 100 Southwest 10th Street, Miami. I'm here to speak on the item pertaining to the bond issue. Some months ago, this Commission rightly rejected the request from the Mayor and the Administration to issue a 275 million bond issuance. Back then, it included the Marine Stadium, and $72 million of it going towards the climate change. Now the one that you have here today is $300 million; not including the Marine Stadium, which is a separate one for $45 million. So, in essence, you went from 275 million to 345 million in bond issuance. The difference is that the one that you have here today for 300 million jumped from the 72 million that the Administration was very happy if you would have approved it, and that's what would have gone in the ballot then, to 192 million; 120 million more, which is two-thirds of the issuance of this potential bond issue. I had to compare this to the shopper that can't control themselves. All their credit cards are to the limit, and they're impulsive, irresponsible shoppers. And the solution then, once they have all their cards up to the limit, instead of trying to figure out a way to pay for them and work out some kind of arrangement with the credit companies, the solution is to try to get credit somehow, to get more credit cards. And this is, in essence, what I see that we're doing here. And why do I say that? Because this Administration for some time has been trying to sweep under the rug the reality that we're facing a potential of $250 million or so; that the Supreme Court of Florida said we violated employees' contracts, and we have to pay. We've already been hit twice by two Securities and Exchange Commission orders the last time we went for bond issuance, where the City of Miami lied to those bond buyers and the residents of the City; and at the same time, became the only city in the history of America that went to a trial for lying on the issues of the bond issuance, and was found guilty. So how can we go out and responsibly put those bond issues again when we owe a tremendous amount of money that's not being settled? With our employees, in contracts that were violated -- This is how we were able to balance the budget the last seven years. And at the same time, if we go out and put these bond issues out, by law, we're going to have to tell the people that are -- the potential buyers of the bonds that we have a debt of potentially $250 million that we do not have anywhere near the amount in reserves to pay for that we have in hand. And you know what's going to happen? Those bond issues are going to go up even more. So -- Chair Hardemon: Sir, I appreciate your comments. Thank you very much. City of Miami Page 43 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mayor Carollo: Thankyou. Chair Hardemon: I'm sorry to interrupt, but we're limited on time. Mayor Carollo: On the contrary. I appreciate the extra seconds you gave me, Mr. Chairman. Chair Hardemon: Okay. Thank you very much. Mayor Carollo: Thankyou. Karina Goldenberg: Hello. Good morning. My name is Karina Goldenberg, and I live at 11131 Northeast 9th Court, in Miami, 33161. Thank you, Mr. Mayor, Chairman, Vice Chairman, and Commissioners. I am an animal lover and have been an animal rescuer for the past 15 years. I am here to support SR.1, as I vehemently oppose the businesses that make a profit by selling defenseless animals that are bred over and over again in horrific conditions. Only if we cut the supply will we be able to change what happens to these poor animals being treated only as dollar signs. The bond between people and animals is a very strong one, and every animal is capable of forming this bond with a good human, who, if a real animal lover, will look beyond the purebred or designer breed 2 or $3, 000 sticker. Please, let's find homes for the thousands and thousands of animals that are homeless, abandoned, and yet filled with unconditional love, that are about to be killed for space in our shelters. Animals aren't cars, and I resent the comparison made earlier by somebody who called himself an animal lover. Thank you very much for your time, and I truly hope you will make the decision that protects the innocent lives of loving animals. Thankyou again. Chair Hardemon: Thankyou very much. Ma'am, you're recognized. Maria Levrant: Good morning, Commissioners. My name is Maria Levrant, 7945 Southwest 125th Street. I work for Commissioner Levine Cava. Thank you very much for considering an ordinance which will significantly improve the lives of many animals -- dogs, in particular -- that are strictly used for breeding, and then discarded, because the way that they're killed in puppy mills is usually horrific. Our office has also been working on similar legislation that we plan to bring to committee for a first reading sometime in the fall. We have been researching puppy mills, and have found alarming information regarding the conditions inside these breeding facilities. 99 percent of all pet stores get their puppies from puppy mills; and if they say otherwise, it's not true. Puppy mills are substandard breeding facilities, which mass-produce animals for sale to the public, many of which are sold in retail pet stores. The issue is a matter of public concern, safety, and welfare. This is a business steeped in consumer fraud and cruelty. Last year, our office received a call from a constituent that had purchased a pet from one of the stores on Bird Road that had parva There's also an alarming number of animals coming in from other countries that go to pet stores that are very hard to trace. So the idea that you can trace and, you know, see where a puppy is coming from, even with a certificate of source, is impossible. There just aren't enough inspectors even to inspect one state, nevertheless all the breeders in the United States. I also want to make another point. My sister-in-law, who lives in Houston, her husband is highly allergic, so she was looking for a very specific dog. She had a dog for many years that, you know, at the age of 15, passed away. She researched and went to a breeder where she drove numerous hours to get there, that the dogs are bred in his home. He has a male and a female. They were able to see the parents, see the puppies when they were first born, pick out which one that they were going to come back and pick up when the dogs were nine weeks old, and that's a reputable breeder. City of Miami Page 44 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: Thank you very much. Ms. Levrant: Those are the --yeah. So just one more thing. There are currently 220 sales bans -- Chair Hardemon: Ma'am, your time has expired. Ms. Levrant: Okay. Thank you. Chair Hardemon: Thank you so very much. Ms. Levrant: Thank you so much. Judith Werr: Judith Werr; in support of SR.1, the ban on commercially -bred pets for sale in puppy stores. You have CV] for this breeder. You have the information. You'll see the video for -- Unidentified Speaker: Puppies to Go. Ms. Werr: -- Puppies to Go. Sorry. Unidentified Speaker: In Miami. Ms. Werr: In Miami. Thank you. Chair Hardemon: Thank you very much. You're recognized, ma'am. Maria Elena Prio: Good morning. My name is Maria Elena Prio. I live at 1550 Tigertail Avenue, in the City of Miami, and I'm here to support the ordinance and the ban. And I just want to say very briefly something that has not, I don't think, been said before. This type of ban is the future. You know what? It's not even the future; it's the present. There are dozens of cities and counties, and communities throughout the United States that have done this, and are in the process of doing it -- Boston, Philadelphia, El Paso, Las Vegas, San Francisco, LA (Los Angeles); so many. And let's be at the forefront of things. And these owners are going to have to change their business model. People change, things move forward, people have new sensibilities, and they discover new things, and it's time to change it, and it's time for Miami to be on the right side of this issue. Thank you. Chair Hardemon: Thank you very much. Ma'am, you're recognized. Sophia Paredes: Good morning. My name is Sophia Paredes. I live at 141 West Suburban Drive. I also work for Commissioner Daniela Levine Cava, District 8. I would just like to point out two things. As we saw on that video, there is no more USDA website. So even if that lady -- as she said, she's USDA licensed. That doesn't mean anything. As far as we know, puppy mills aren't being inspected; you can't request records. So even if you're following the letter of the law, you have no violations, supposedly, it would be considered cruelty by anyone who would see footage like the one that we just watched. Also, I'd like to point out one thing. Reputable breeders do not sell to stores. A breeder who is willing to sell to a broker, who is willing to sell to a puppy store, who is willing to sell to a consumer that they have never met, never interacted with does not really care about the wellbeing of the animals. We are not cutting off hobby breeders. They'll still be able to sell directly to customers. They're very responsible, so I would like to point that out. Thank you very much. Chair Hardemon: Thank you very much. Sir, you're recognized. City of Miami Page 45 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Miguel Soliman: Thank you, Chairman. My name is Miguel Soliman, 1436 Southwest 6th Street. I'm here to speak -- There are a lot of noble causes that have been spoken on today, but in the meantime, we have a serious problem in District 3 with Flagler and 1st Street, that I have suggested in the past that we hold meetings there with the accountable parties. Well, I managed to have a meeting on Flagler with State Representative David Richardson and the individuals from the FDOT (Florida Department of Transportation) that are responsible for that work. And I have followed through with pictures and walking Flagler. We actually had a meeting on Flagler. There's a lot of places where holes are very dangerous, broken concrete boxes. And as a result, we have a lot of seniors that live along that section that cannot receive their medications, because their pharmacies won't deliver, because they have no access. A lot of them are waiting for surgery right now, scheduled for surgery -- knee surgeries, even collarbone surgeries -- because they've fallen and they've gotten hurt. This is -- This has created a huge burden for the residents there, and I believe that -- I don't know if we're liable as the City, for these accidents have occurred due to the negligence of the situation we have out there. I have taken pictures of this. We have one that is very, very disturbing. There is on 8th Avenue and Flagler -- that I have sent pictures to Representative David Richardson, and he's following up with FDOT -- of a concrete box at the base of a light pole that is broken, with no lid, with exposed electrical wiring that any child or any senior could get electrocuted, and we have a very serious issue there. And I just would like to ask, if something like that happens, is the City -- perhaps to the City Attorney -- liable? Can we get sued for a situation like that? Chair Hardemon: It's possible -- Mr. Soliman: Thankyou. Chair Hardemon: -- they'll sue. Mr. Soliman: Thankyou very much for the opportunity. Chair Hardemon: Thank you very much. Anyone can sue you. Ma'am, you're recognized. You're recognized. Freddy Young: I'll say good morning, Commissioners. I am Dr. Freddy Young, a former resident of West Grove that happen to have been born on 3767 Percival Avenue, and a victim of the eminent domain, where many of us had to move from the Grove, and I'm speaking in half [sic] of the resolution of the Miami City Commissioner [sic] provision that you're proposing, the historical designation of the area known as West Grove, where I was born. We are sincerely appreciative to the fact that you are going to do this, and there will be other speakers coming later to show their appreciation and be in support of this resolution. Thankyou. Chair Hardemon: Thankyou. Sir, I want to recognize you, please. Unidentified Speaker: Good morning. You have a CVI that shows Puppies to Go buys from this breeder that you'll see on this film. Chair Hardemon: We have it in our possession. Unidentified Speaker: You don't have the video. Chair Hardemon: We have the -- Unidentified Speaker: But you don't have the video. City of Miami Page 46 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: Ma'am, can I run my meeting? Unidentified Speaker: Can I have my two minutes, though, to show the video? Chair Hardemon: She's interrupting your two minutes. Unidentified Speaker: Can we show the video? I think it's the other one. It's the one that says, "Lands Down." Unidentified Speaker: It's not this one? Unidentified Speaker: No. It says, "Lands Down. " That's it, "Lands Down. " Unidentified Speaker: That's it. That's the one. Note for the Record: At this time an audiovisual presentation was given. Chair Hardemon: You're recognized, ma'am. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. I'm in support of the bond. I believe that we need the bond for a lot of different things that we have requested in the meetings, but at the same time, I think that we need to coordinate a lot of affordable housing in several districts that they don't have affordable housing, new projects coming up. We see so many seniors living in deplorable conditions; and the units, they are Section 8, affordable housing vouchers, where the buildings are falling apart. And unfortunately, some of those seniors are not being taken care of. And lately, we've been reporting it to make sure that they get inspected, because there are a lot of them that they are afraid, that they don't know where they're going to go; and some of them, they don't want to go to Homestead. They like to live where they live. Against -- To the FPL agreement that you guys have, I think many of us have been fighting for it. We been receiving so many new charges in our bills, and I believe that if we do the right thing for our environmental, we should do it to the seniors and every single citizen in this chamber right now, that we pay FPL bill every month. The charges are going beyond. And just think about the citizens for one second, and not -- think about those who get 735 or $500, or $600. Every time that there is a raise for FPL, those seniors that have those little checks, they don't have no other way to get it done. About the Little Havana Meals in Wheels, we did see the different type of food that they're receiving, they're complaining about it, and I don't know if it is the type of food that they are doing now. I don't know if they change it, but we have heard a lot of them. And unfortunately for us, those who actually walk and talk to our senior for many years, we have to hear it. Chair Hardemon: Thank you very much, ma'am. Ms. Betancourt: Thank you. Chair Hardemon: You're recognized, sir. Don Anthony: I'm Don Anthony, Communications director for the Animal Rights Foundation of Florida. You already know what puppy mills look like. You know that females live in wire cages, usually outdoors, in blazing heat and freezing winters, 24/7. You know that that is the source of pet shops. You've just seen where the stores get their animals. You also know that the USDA licensing means nothing, since most of the worst, horrendous mass breeding farms are USDA licensed. You know that inbred, defective animals are what frequently come from caged, abused, City of Miami Page 47 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 neglected animals. That's what you see in pet shops. You know that consumers frequently have no clue where these animals come from, how they suffer, how defective many of them are, and how many thousands of dollars they will end up spending on them. This is an issue of consumer fraud, animal abuse, and animal cruelty. Florida is leading the nation, with more than 50 cities passing ordinances like this. You also know that hobby breeders are not affected, and can always sell directly to the public, as they always have. You know the public's choice is not affected. People can get whatever breed they want by buying from a hobby breeder; or better yet, adopting from a breed -specific rescue. There are Doberman rescues, Greyhound rescues, et cetera. You know this does not close down any stores. There are hundreds of stores already operating successfully using this humane model. It's not how pretty the store is or how much the workers like the dogs; it's about the source of the stores. It's about defective dogs that come from frequently neglected dogs. You've already done the right thing last time by passing this ordinance unanimously on first reading. Now you need to do the right thing again, and pass it unanimously today. Thank you very much. Chair Hardemon: Thankyou, sir. Ma'am, you're recognized. Esther Alonso-Luft: Good morning, Commissioners. Esther Alonso-Luft. I'm a resident of the City of Miami at 2479 Southwest 13th Street, and I'm here on the Jungle Island resolution, which I believe you've deferred. Chair Hardemon: Yes. Ms. Alonso-Luft: But I -- my neighbors asked me to come before you, and we're a group that's in the process of gathering, and we urge you to reject any sale of any more land that's waterfront; to reject the construction of a hotel in an area that's -- historically amazing vistas and shared by all, not just by one operator. With that, I know you have a long day, so I will let you be, and we'll see you again next time. And I do have some comments from our neighbors, which I'll leave with the Clerkfor your review. Thank you. Chair Hardemon: Thank you very much. Sir, you're recognized. Bruno Carnesella: Chair Vice Chair, Commissioner, my name is Bruno Carnesella. I'm a resident of Coconut Grove since 1974. I am property owner of 3280 Grand Avenue, and I'm here to ask to the Commission to make an amendment and to get a solution to prepare a study for the West Grove to be an historical district. I believe that there are many place in the West Grove that should be considered historic. However I think that the citizen and the residents of the West Grove should be -- come up with a set of recommendation, that damage should be put -- present to the historic board, and then the historic board should be coming to this Commission and approve it or disapprove it. So in other words, let the people suggest to the historic board where are the area and where there are not the area, because there are certain area that not necessarily historic in the West Grove. This will be a great detriment of property owner who own property in the Grove, and with this -- if this resolution will pass as it is, will have a chilling effect in the whole process. So again, I ask you to make an amendment, to defer the item up to the time the community will bring in the front of the Commission and to the board appliance [sic]. Thank you very much. Chair Hardemon: Thank you. Sir, sir, you're recognized. Bob Yarnall: Good afternoon -- or morning, so I guess -- almost afternoon. Thank you very much for allowing us to speak. My name is Bob Yarnall. My address is 4279 Highway 27 South, in Clermount, Florida. They're passing out to you right City of Miami Page 48 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 now this information. The first, on top, you'll see a USDA -- and this is Bernadette Horace, and she's the administrator for Animal Care. Her phone number is on there, as well as her direct email. And the reason that we're giving this to you is so that -- if you have any questions on USDA. We've heard today that they're -- they don't have a website. They do; it's up and running. And the -- we also have within the packet there different areas that have reversed their bans when they found that it was causing an issue where people are having dogs shipped in to them out of state. And so, effectively, what this ban does is it takes away the consumer protection, because the only way that the consumer has protection is if they purchase it from a licensed pet store. Then if the dog does happen to get sick, the veterinary bills are taken care of by the store. You also have in your packet pictures of USDA kennels that were just taken a few months ago, and you'll see dozens and dozens of these kennels that do not resemble at all the look of what you did see. And those types of facilities, the American K-9 Association is now helping them rebuild to this new type of method. And then finally, in your packet, you'll see from Nassau County, New York, an ideal protection act that was passed therefor the sourcing -- pet sourcing, and it's really ideal for what we'd like you to do here so that the stores not be put out of business. Thank you. Chair Hardemon: Thank you very much. Ma'am, you're recognized. Linet Canela: Hi. My name is Linet Canela, 8625 Northwest 169th Terrace. I'm Luis Marquez' wife. I was not going to speak today, because I don't like public speaking, but after listening to some of these statements, I just had to say something. We have actually reached out to shelters. We actually reached out to the Humane Society from Pembroke Pines. I know that we're not in the City of Miami, but we'll be soon if we can be. They do not want to work with us. We wanted to have some puppies come to the store, some dogs, so that we could help them with the adoption process, have them come into the store once a week, and they simply rejected to work with us. They don't want our help, and we have tried to reach out. Another thing: All of these videos that you guys have seen, that is not where we get our puppies from. I actually, myself, my family to go and see, because I wouldn't be able to bear anything like that. And these puppies, I think, look better than my children do. So another thing is that the facts -- If you look at all the bans passed in the State of Florida, it's actually less than 1 percent. Thank you for your time. Chair Hardemon: Sir, you're recognized. Victor Caminero: Hi. Good afternoon. Ladies and gentlemen, my name is Victor Caminero. I'm a Miami resident living at 10235 Southwest 24th Street, Miami, Florida 33165, Westchester, representing the puppy stores, and fighting against SR. 1. I'm up here today first and foremost to state that moving forward with SR.1 would take away something that's fundamental in our country, which I always thought would be choice; you know, the choice to be able to buy a puppy from a store, with the characteristics and personalities that any of you guys would want. Where these beautiful puppies come from are also important,- from licensed and reputable breeders that are registered with the United States Department of Agriculture. We entrust the USDA to screen and to set standards for professional breeders in which we can utilize to bring, and our puppies to find homes. Not only do we want reputable breeders, but we are more than transparent with our puppies, where our puppies come from. Our puppies are provided with a Certificate of Source that not only gives you the name of the breeder, but address and -- sorry, I lost -- and even phone number for each puppy, so you could call, and you could even go ask and see them. You get me? Also, I would really suggest that you guys would go to the stores and see how they clean the cages. Everything is really clean, and they really keep up with like the standards. You get me? Like, everything is really clean. And you could see that the puppies, where they come from, they're really City of Miami Page 49 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 healthy puppies, so that when you actually have a puppy, instead of adopting one, when it grows up, you know -- like, you know what your dog's going to be. I just wanted to let you guys know. Chair Hardemon: Thank you very much. Sir, you're recognized. Anthony Witherspoon: Good morning, Commissioner, fellow Commissioners, Chairman. My name is Anthony Witherspoon. I am executive director --first of all, let me say I reside at 3629 Grand Avenue. I'm executive director of Leadership Prayer Foundation, Inc., a youth development organization that teach youth leadership skills; and Coconut Grove Sports Hall of Fame. I'm here today in support of making West Coconut Grove a historical designation. This resolution will preserve and highlight the rich culture and sports heritage of West Grove, and specifically recognize Armbrister Park, formerly named Grand Avenue Park, that was once the training and practice site of over 75 former all City, all Dade, all State student athletes. Some of these athletes later went on to become professional athletes, and later inducted into the Coconut Grove Sports Hall of Fame. All of these athletes had the unique experience of growing up in West Grove. I'm here today to commend you for your support of this historical resolution. Thank you. Chair Hardemon: Thank you, sir. Jihad Rashid: Good morning, gentlemen. Chair Hardemon: Good morning. Mr. Rashid: My name is JS. Rashid. I am president of the Coconut Grove Village West Homeowners and Tenants Association, 3628 Grand Avenue. Regarding the historic designation, before I can offer my support, I need a lot of questions answered. It's just the details; how it's going to impact our architectural vernacular. What are the line items, if I may, that comes with this historic designation? I'd also were reminded that -- one of the things that I've been concerned with over the years, when they refer to this area, this historic area as "West Grove," they fail to say, "Coconut Grove. " And I have a lot of anecdotes about traveling south on Douglas Road, and getting to Coral Way, and the sign points us to the east, and we felt like chopped liver over the years. So we did some branding to try to make sure that the whole name is said; that this historic area says, "Coconut Grove Village, " which is the proper full name of this area, and it happens to be the Village West; Coconut Grove Village, and we are in the historic western sector. So what -- any efforts that might include name changes or designations should include the full name, "Coconut Grove. " Thank you. Chair Hardemon: Thank you, sir. Michelle Lazarow: Michelle Lazarow, Hallandale Beach. The whole point of our coming here today was to prove that your local store, one store -- You have 30 licenses in the City of Miami for retail pet sales businesses, or any kind of pet business. You have one store that is currently selling retail dogs, out of 30. You'd have to look at the other 28 -- 29 and see what their business models are, and how they're making it work. Obviously, they don't need to sell dogs to be in business. If we were in Pembroke Pines, I could show you undercover videos of that store, but I'm here in Miami, so I wanted to show you the undercover videos of your store. That -- those videos are your store's breeders, period. There is no argument about it; that's their breeders. They're all USDA licensed, they're all legal, and they're all standard operating procedures. I can almost guarantee you that the store owner has never once visited those places; and if he has, it's even worse, because now he's buying from a place that looks like that. Petland was just served a class action City of Miami Page 50 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 lawsuit, and there's over 550 complaints on the website of consumer reports. When stores tell you that they're buying from licensed breeders, USDA, that's just a fancy term for "licensed puppy mill. " That's lying by omission, and that's consumer fraud. These breeders aren't specific only to the Miami store. They're allover the Florida pet stores in Miami, and this is one of 66 that are selling dogs, and they're all buying from breeders like this; not only this one. No good breeder would ever sell to a pet store. I'll say it again. No good breeder would ever sell to a pet store. We're not trying to stop people from getting their dogs. They don't have to go to shelters. They can go directly to a breeder. State of California is about to pass an entire ban for the State, the whole State. It's going to go to the Senate. We believe it's going to pass. If you vote "no" on the ordinance today, you're voting "yes" for the cruelty that you saw on the screen. There are no other breeders. Please vote 'yes" and be on the right side of this issue. Jose Fuentes: I'm not sure if I'm the last one, but Jose Fuentes, 3050 Shipping Avenue, and I live in District 2, Coconut Grove, right across the street from our dog park in Blanch. And I'm not here for myself. I'm here for my dog, actually, and I've told the Commissioner this. Ella is -- was purchased at a pet store. And honestly, you know, my daughter left and I replaced her with Ella, so my daughter has a new sister. I have had the dog for now a year and six months. And I purchased it because I believe in giving back to the Miami economy, because this is where we live, and I bought it at a pet shop here in the City. And quite honestly, I didn't have any problems with Ella. I understand that there's lots of problems all across the board, and there's a lot of positive stories that we're hearing from everyone in the community; those that live in Miami, and those who have traveled from Broward County to come here, because it's important to impact our community. I believe my tax dollars are important, and I believe that those that live in the City of Miami's voices are probably even more important to you, the Commission. Right now, what I'm seeing and hearing is a difference of opinion between two groups, very passionate. It's kind of like making a decision with your in-laws on how to raise your children. Have you ever tried that? You never raise them correctly, right? That kid never turns out right, because you should have done this, it would have been better, the other guy -- in-law says this. I think that this has come to a stalemate where I think it's something that should be work -shopped, should be talked about, should be worked out properly. In New York, specifically in Nassau County, they have passed legislation that has resolved a lot of these problems. None of these pet shops are puppy mills. They are pet shops. There are breeders, there are puppy mill --there's puppy mills. Puppy mills: Bad people. Breeders: Good people. So if you want to get a purebred dog, you go to a breeder. If you want to get a puppy mill, you buy them on the internet. And guess what, Commissioners? You can't control the internet. What you will do with this proposed ordinance is you will make it easier and -- for puppy mill dogs to come into the City of Miami and be brought in through the internet, and then, there is no guarantees. They're not covered by State of Florida Lemon Law, and that -- you're out. The consumer has no protection at all. And by the way, you shut down this pet shop here, unless you have some strength in other cities around here, like the City of Hialeah, the dogs will still be available. Chair Hardemon: Thank you, sir. Mr. Fuentes: Thank you. Linda Williams: Good morning. Vice Chair Russell: Good morning, Linda. Ms. Williams: Thank you for the opportunity to speak to you. I'm Linda Williams. I live at 3523 Charles Avenue. While I represent on a lot of panels, I'm here as a City of Miami Page 51 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Coconut Grove resident. I'm addressing the historical designation. While it is a good thing to think that this community is worthy -- historically, we are. However, I am concerned that designation now might impact our residents tremendously. I am concerned, because we have extreme development, and historical designation would be a great benefit to the new homeowners, new development. I'm concerned about our elders, including myself, and how this designation will impact me and others like me. Putting the cart before the horse is dangerous. Unless -- if we can talk more about the designation, how did this come about, sit down with our local groups, our local leaders, organizations, and come up with how this designation will benefit and not harm our local residents. Thank you. Chair Hardemon: Thank you. Madam Holmes, you have a spot on the agenda, so I'm going to ask that you not speak at this time. I'm going to recognize you, sir. Robert Powers: Bob Powers, 565 Northeast 66th Street, Miami, Florida. I'm a resident of the City, and I'm here to speak on two things. One is CA. 12, which is a part of the -- one of the tax exempt statuses for a property. And the only reason I'm speaking on this is because it's right around the corner from me, and while it might have been approved to get its tax exemption, they still -- Beg my pardon. Thank you. I don't get accused of that very often, Mr. Russell; people not being able to hear me. But at any rate, how -- First off, good afternoon, Commissioners. It's good to be here and I'm glad to be at the service of the City and the citizens of the City of Miami. At any rate, one of them is the fact that I don't think that they've carried out everything that they need to carry out for their tax exemption. I was unfortunate -- unable to attend that particular meeting, but by living behind that property, I can tell you that they have not removed or screened off all of the items that the -- at the top, on the rooftop, which is part of their historic -- that's part of their requirements to be a historically -designated property. They have a whole bunch of cell things on there and television stuff. And it's not supposed -- It's supposed to be screened from view, and it still has not been done, and that was an original part of them getting their TDRs (Transfer Development Rights) and their -- also, their up -zoning, the T6-8, and a bunch of other variety of things that came before this board. So I would ask you to investigate that a little further. Now, the other reason I'm here is because I'm also the chair of the Beautification Committee that Commissioner Suarez put into effect about a year and a half-- almost two years ago now. And we have two discussion items coming before you, which I hope you will support. One of them is a reduced number of quorum, and the only reason for that is so that the board doesn't get held up by quorum requirements. And the other thing, also, is that, unanimously, everybody voted to stay as a five-year attendee, and we think that we -- that you should support that, because that's a very difficult board, gentlemen, and there's going to be a lot of things that are going to come before that board that are going to require some time to move it forward. And they all are people that you guys picked that are dedicated to the beautification of this City. And they all voted unanimously to take a five-year term, and I certainly hope that you would respect their request to sit on that board for five years, because they kind of -- Some of you are termed out, and they'd like to -- we'd like to supersede you presently sitting on the board; and then, some of you will be able to reappoint somebody later on, if you get a second term. So that -- our request is well founded, and it's well thought out. And, you know as a servant of the City and sitting on many boards of this town -- in this City -- I certainly hope you would re -- think about that and give it its due consideration. But you have nine members of that board that voted unanimously to sit on that board for five years, so I certainly hope that you will do that. Thank you very much for your time, gentlemen. Have a pleasant day. Dolly Macintyre: One minute. Dolly Macimyre, 409 Vizcaya Avenue, in Coral Gables. I'm the advocacy chair of the Dade Heritage Trust. I just want to reassure the people of West Coconut Grove that historic designation will protect them; not City of Miami Page 52 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 endanger them. It will help control development so that it doesn't displace the residents. We want to see them stay in their historic homes, and we will do everything we can to see that that happens, and such legislation will only enhance that; not deter it, not undermine them. Chair Hardemon: Thank you. I'm going to close the public hearing at this time. I'll allow you to speak. Come on. You ready? Williams Armbrister: Yes, I am. Chair Hardemon: And after you, I'm going to close the public hearing at this time. We're going to do one order of business; then we're going to conclude for the lunch break. You're recognized, sir. Mr. Armbrister: Praise the Lord Jesus, and good morning to every wonderful person at the sound of my voice. I have seven different items here that need to be addressed, and I'll try to move to it as quickly as possible. I got an additional one here that I didn't -- let's see. Well, the very first one is this bond, $300 million. Sea level rise, it's the truth. This City -- Coconut Grove, especially -- in the City of Miami, we're sitting on a bed of coral rock. We are having an impact on how sea level rise could impact us, because we're removing the coral, and we're replacing it with concrete and steel. We need to consider moving forward with less concrete and steel, so. And the next one, I hadn't -- didn't have this on my agenda, but as far as the doggie -- the dog shops are concerned, my personal position on that is, until there -- it could be properly regulated, they should be required to have a sign in the window, saying "buy at your own risk, " you know, or "as is, " and so that the consumer will be aware that they're taking -- they could be taking a risk when they purchase these puppies. "Purchase at your own risk, " until appropriate regulations can be put in place to protect the consumer, as well as the dogs. Let me go back here to PZ. 13. Chair Hardemon: It's not the time to address PZ. 13, sir. Mr. Armbrister: It isn't? Chair Hardemon: It is not the time. Mr. Armbrister: Okay. Then I will move on. Thank you. Chair Hardemon: Your time is expired. Mr. Armbrister: Say again? Chair Hardemon: Your time is expired. Mr. Armbrister: Well, I need to -- When do I get the appropriate time allotted for a tax -- Listen, listen. Please listen to me. Chair Hardemon: No. You listen tome. Mr. Armbrister: Okay. Chair Hardemon: You listen to me. Mr. Armbrister: Yes. City of Miami Page 53 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: What I suggest you do, when you come before a body like this, just like when I go before a certain judge or the judge gives me a certain amount of time to speak, or I go before any other body, if I have an allotted amount of time, which you know exactly what that time is, you organize your message so that you fit within that time period. It is the appropriate thing to do, it is the considerate thing to do, and it is within reason, and it is how you follow the rule. And so, what you would do at a time is that you would urge whatever the voting members were to vote in your favor for "X" amount of items. It's important if you're going to present that message that maybe you do it in the beginning. "I urge you to support in favor of RE. 1, 2, 3, and 4, and here are my reasons why. " And then, you give those reasons. But what we can't do is allow everyone to continue to go over the allotted time that they have, and then have to get into a debate about why it is that I need to stop the amount of time, that we have to move forward. So we're well past the time that we generally would be here in the chambers during this time. And what I m going to ask you to do is when you want to present the PZ (Planning & Zoning) Agenda, you can come back at the appropriate time. Mr. Armbrister: I can come back with that. Chair Hardemon: Absolutely. Mr. Armbrister: But I still have -- If you are suggesting to me, sir, that if I have six different items -- Chair Hardemon: Sir -- Mr. Armbrister: -- let -- may I finish? No? Am I finished? Chair Hardemon: I don't want to get into a debate with you, because I -- Mr. Armbrister: No, I'm not debating. I'm asking you a question. Will you allow me -- Iama -- Chair Hardemon: Hear what I'm saying to you. Mr. Armbrister: -- taxpayer. Chair Hardemon: Hear what I'm saying to you. Mr. Armbrister: You workfor me. Chair Hardemon: I workfor my -- I workfor you. Mr. Armbrister: Oh. Chair Hardemon: I workfor myself, as well -- Mr. Armbrister: Okay. Chair Hardemon: -- because I am also a taxpayer here. Mr. Armbrister: Okay. Chair Hardemon: So I want you to understand something. What we want to do is move through our business at the same time. We give you, as well as any other person that comes before us -- citizen or not -- the opportunity to be heard. That's what we give you, and that's what we're continuing to do. City of Miami Page 54 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Armbrister: In closing, in closing, if you are going to suggest that if any of the taxpayers in this City that have five different items to speak on that they should -- could pile their response into two minutes, you need to reconsider your position. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Thank you very much, sir. Let's -- I want to get through this agenda. Ma'am, you're recognized. Emily Gorman: Thank you. I will be brief. First, let me just commend all of the Commissioners for your patience and attention. I know this has been a very long public comment period, and probably a very trying one. I'm urging you to support Resolution 3 and urging you to oppose Resolution 16. I'm a brand-new resident to the City of Miami. I live at 6565 Santona. I moved here to be on the cutting edge of the climate change industry, to be part of the future, and I believe that Resolution Number 3 is a strong step forward in that direction, and Resolution 16 is a strong step backwards. I trust that you will do the right thing. Thank you very much. Chair Hardemon: Can you state your name for the record please? Ms. Gorman: Emily Gorman. Chair Hardemon: All right. Thank you very much, ma'am. I'm going to close public hearing at this time. CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda ........ ......... RESULT: ......... ......... ......... ......... ......... ......... ......... ......... .................. ADOPTED MOVER: Wifredo Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo CA.1 RESOLUTION Item Pulled from Consent 2474 A RESOLUTION OF THE MIAMI CITY COMMISSION RENAMING Department of THE CITY OF MIAMI'S POLICE TRAINING FACILITY, CURRENTLY REFERRED TO AS THE MIAMI POLICE COLLEGE, LOCATED AT Police 400 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, THE "JOHN F. TIMONEY POLICE COLLEGE"; DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THE RENAMING OF SAID FACILITY. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. Item CA.1 was continued to the September 28, 2017, Planning and Zoning Commission Meeting. City of Miami Page 55 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 For minutes referencing Item CA.], please see "Order of the Day" and "End of Consent Agenda. " CA.2 RESOLUTION 2564 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE CITY MANAGER, PURSUANT TO Police RESOLUTION NO. 13-0246, ADOPTED ON JUNE 27, 2013, TO INCREASE THE CONTRACT BETWEEN THE CITY OF MIAMI AND KROPP HOLDINGS, INC. FOR ANNUAL FUEL EXPENSES, EMPLOYING THE DEPARTMENT OF DEFENSE, DEFENSE LOGISTICS AGENCY'S CONTRACTUAL PRICE, FROM AN AMOUNT NOT TO EXCEED $31,000.00 TO A TOTAL CONTRACT AMOUNT NOT TO EXCEED $71,000.00, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT BY $40,000.00; ALLOCATING FUNDS FROM THE POLICE GENERAL FUND ACCOUNT NO. 0001.190101.552010.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0352 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing item CA.2, please see "End of Consent Agenda. " CA.3 RESOLUTION 2458 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Improvements EXECUTE A PETROLEUM RESTORATION PROGRAM SITE ACCESS AGREEMENT ("SITE ACCESS AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") FOR THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1970 NORTHWEST 13TH AVENUE, MIAMI, FLORIDA AUTHORIZING FDEP TO CONDUCT A FULLY FUNDED ENVIRONMENTAL SITE ASSESSMENT AND REMEDIATION, IF NECESSARY, AT NO COST TO THE CITY, FOR THE PURPOSES STATED IN THE SITE ACCESS AGREEMENT; AUTHORIZING FDEP TO CONDUCT SPECIFIC WORK WITHIN THE PROPERTY; AUTHORIZING FDEP TO MANAGE THE PROJECT IN ITS ENTIRETY, TO INCLUDE ALL ASSOCIATED COSTS, INCLUDING THE SELECTION OF AN AGENCY TERM CONTRACTOR ("ATC"); AND RESERVING FOR THE CITY THE RIGHT TO BE INFORMED ABOUT ALL TESTING RESULTS AND REMEDIATION DECISIONS IN ORDER TO ENSURE THAT FDEP'S WORK ON THE PROPERTY DOES NOT AFFECT NORMAL FACILITY OPERATIONS. ENACTMENT NUMBER: R-17-0353 City of Miami Page 56 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.3, please see "End of Consent Agenda. " CAA RESOLUTION 2459 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Improvements EXECUTE A PETROLEUM RESTORATION PROGRAM SITE AYES: ACCESS AGREEMENT ("SITE ACCESS AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") FOR THE CITY OF MIAMI OWNED PROPERTY LOCATED AT 400 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA AUTHORIZING FDEP TO CONDUCT A FULLY FUNDED ENVIRONMENTAL SITE ASSESSMENT AND REMEDIATION, IF NECESSARY, AT NO COST TO THE CITY, FOR THE PURPOSES STATED IN THE SITE ACCESS AGREEMENT; AUTHORIZING FDEP TO MANAGE THE PROJECT IN ITS ENTIRETY, TO INCLUDE ALL ASSOCIATED COSTS, INCLUDING THE SELECTION OF AN AGENCY TERM CONTRACTOR ("ATC"); AND RESERVING FOR THE CITY THE RIGHT TO BE INFORMED ABOUT ALL TESTING RESULTS AND REMEDIATION DECISIONS IN ORDER TO ENSURE THAT FDEP'S WORK ON THE PROPERTY DOES NOT AFFECT NORMAL FACILITY OPERATIONS. ENACTMENT NUMBER: R-17-0354 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 4, please see "End of Consent Agenda. " CA.5 RESOLUTION Item Pulled from Consent 2460 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Improvements EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE WATER AND SEWER DEPARTMENT, FOR THE PROVISION OF WATER AND SANITARY SEWER SERVICES FOR A PUBLIC RESTROOM LEASED BY THE DOWNTOWN DEVELOPMENT AUTHORITY, CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. B -50677S. ENACTMENT NUMBER: R-17-0369 ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez City of Miami Page 57 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Note for the Record. For additional minutes referencing Item CA.5, please see "End of Consent Agenda. " Chair Hardemon: Okay. So if I am where I think we are, we should be considering item CA. 5? I think l put the wrong item on my list. CA.5 was taken from the agenda. Is there any discussion about the item, CA. 5? That's authorizing WASA (Water & Sewer Authority) agreement and DDA (Downtown Development Authority), bathrooms for the homeless. Commissioner Carollo: I think that may have been Commissioner Russell. Commissioner Suarez: Commissioner Russell, yeah. Commissioner Carollo: Commissioner Russell, CA. 5. I think you're the one who pulled the item. Vice Chair Russell: Yes. We're back on the CA (Consent Agenda) Agenda. Chair Hardemon: Yes. Vice Chair Russell: Pardon me. I was trying to get clarification on something. Thank you. Daniel J. Alfonso (City Manager): Mr. Chairman, may I, while he looks at his documents, real quick? I'd like to say that these are bathrooms for public use; not just for -- Vice Chair Russell: Thank you. That was my amendment, Mr. Manager. I'd like to amend everywhere it says "homeless" in the title or the item itself, and put the word, "everyone. " These are bathrooms for everyone. They -- the homeless connection is that the homeless are being employed to clean and man the bathrooms. The original intent was to create an option for the homeless. But, really, this program has been so successful for everyone, and it's so clean and so accessible. Mothers can change their babies; businessmen can utilize during lunch; tourists can use these. It's a great thing that the City's doing. I really want to thank the Mayor for helping the DDA push this forward. But I do want to take the name or the title of calling it "a homeless bathroom" and change that. So I'd like to amend it so that it says, "bathrooms for everyone. " Commissioner Gort: Public right-of-ways [sic]. Public bathrooms. Chair Hardemon: Okay. Is there a motion to approve the item with those amendments? Vice Chair Russell: I'll move it. Commissioner Gort: Second. Commissioner Carollo: Second. Chair Hardemon: Properly moved and seconded to approve with those amendments. Any further discussion on the item? Seeing none, all in favor of the item, say "aye " The Commission (Collectively): Aye. City of Miami Page 58 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: All against? Motion shall carry. Todd B. Hannon (City Clerk): As amended. CA.6 RESOLUTION 2529 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), ACCEPTING THE GRANT AWARDED BY THE Improvements FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") IN THE AMOUNT OF $421,829.00, WITH FUNDS TO BE APPROPRIATED BY SEPARATE RESOLUTION, FOR THE IMPLEMENTATION OF THE BISCAYNE GREEN LANE ELIMINATION ANALYSIS PROJECT ("BISCAYNE GREEN PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL AGENCY PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FDOT FOR THE BISCAYNE GREEN PROJECT, WHICH APPLIES TO BISCAYNE BOULEVARD FROM SOUTHEAST 1 ST STREET TO NORTHEAST 6TH STREET. ENACTMENT NUMBER: R-17-0355 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 6, please see "End of Consent Agenda. " CA.7 RESOLUTION 2531 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Public Works EXECUTE A LANDSCAPE, IRRIGATION, BONDED AGGREGATE SURFACES AND PAVERS MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE PROJECT LOCATED AT SR-90/US-41/SOUTHWEST 8TH STREET FROM SOUTHWEST 8TH COURT TO SR-7/US- 441/SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA AND ON SR- 7/US-441/SOUTHWEST 8TH AVENUE FROM SR-90/US- 41/SOUTHWEST 7TH STREET TO SR-90/US-41/SOUTHWEST 8TH STREET, MIAMI, FLORIDA. ENACTMENT NUMBER: R-17-0356 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 7, please see "End of Consent Agenda. " City of Miami Page 59 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 CA.8 RESOLUTION 2532 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE CITY MANAGER TO INCREASE THE Department of CONTRACT CAPACITY FOR THE CORAL WAY MEDIAN Public Works LANDSCAPING AND MAINTENANCE CONTRACT, M-0088, WITH FLORIDA LAWN SERVICES, INC. IN AN AMOUNT NOT TO EXCEED $130,970.00, THEREBY INCREASING THE CONTRACT FROM AN AMOUNT NOT TO EXCEED $165,495.00 TO AN AMOUNT NOT TO EXCEED $296,465.00, FOR FISCAL YEAR 2017-2018; ALLOCATING FUNDS FOR SAID INCREASE FROM SPECIAL REVENUE ACCOUNT NO. 13000.201000.534000. ENACTMENT NUMBER: R-17-0357 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 8, please see "End of Consent Agenda. " CA.9 RESOLUTION 2533 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Planning and EXECUTE AN AMENDMENT TO THE PROGRAMMATIC Zoning AGREEMENT FOR FEDERAL FUNDED PROGRAM UNDERTAKING, IN SUBSTANTIALLY THE ATTACHED FORM, FOR AN ADDITIONAL FIVE (5) YEARS, WITH THE FLORIDA STATE HISTORIC PRESERVATION OFFICE, THE ADVISORY COUNCIL ON HISTORIC PRESERVATION AND ANY OTHER AGENCY, AS REQUIRED, TO EXPEDITE THE CITY OF MIAMI'S FULFILLMENT OF ITS HISTORIC PRESERVATION RESPONSIBILITIES AS A RECIPIENT AND ADMINISTRATOR OF FEDERAL FUNDS UNDER SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT. ENACTMENT NUMBER: R-17-0358 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 9, please see "End of Consent Agenda. " CA.10 RESOLUTION 2615 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING THE APPLICATION FOR A Planning and HISTORIC AD VALOREM TAX EXEMPTION, BASED ON THE Zoning RECOMMENDATION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, TO GOOGIE ENTERPRISES, LLC ("OWNER") FOR THE PROPERTY LOCATED AT 7301 BISCAYNE BOULEVARD, WITHIN THE MIAMI MODERN ("MIMO") HISTORIC DISTRICT. ENACTMENT NUMBER: R-17-0359 This matter was ADOPTED on the Consent Agenda. City of Miami Page 60 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Note for the Record. For minutes referencing Item CA. 10, please see "Public Comment Period for Regular Item(s)" and "End of Consent Agenda. " CA.11 RESOLUTION 2616 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING THE APPLICATION FOR A Planning and HISTORIC AD VALOREM TAX EXEMPTION, BASED ON THE Zoning RECOMMENDATION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, TO JESSICA SPAIN ("OWNER") FOR THE PROPERTY LOCATED AT 428 NORTHEAST 73RD STREET, WITHIN THE PALM GROVE HISTORIC DISTRICT. ENACTMENT NUMBER: R-17-0360 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.]], please see "Public Comment Period for Regular Item(s)" and "End of Consent Agenda. " CA.12 RESOLUTION 2618 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, GRANTING THE APPLICATION FOR A Planning and HISTORIC AD VALOREM TAX EXEMPTION, BASED ON THE Zoning RECOMMENDATION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, TO TODD LEONI ("OWNER") FOR THE PROPERTY LOCATED AT 7100 BISCAYNE BOULEVARD, WITHIN THE MORNINGSIDE HISTORIC DISTRICT. ENACTMENT NUMBER: R-17-0361 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.12, please see "End of Consent Agenda. " City of Miami Page 61 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 CA.13 RESOLUTION 2535 A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH City Manager's ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF A Office WEB CONTENT MANAGEMENT SYSTEM FOR CITYWIDE USE AYES: TO DESIGN, CREATE, AND PUBLISH A NEW CITY OF MIAMI ABSENT: WEBSITE FOR AN INITIAL TERM OF THREE (3) YEARS WITH AUTOMATIC ONE (1) YEAR RENEWALS PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UTILIZING THE COMPETITIVELY SOLICITED AND EXISTING CITY OF GRAND RAPIDS' ("GRAND RAPIDS") REQUEST FOR PROPOSAL # 915-96-02 EFFECTIVE THROUGH DECEMBER 5, 2019, SUBJECT TO ANY RENEWALS, EXTENSIONS, AND/OR REPLACEMENT CONTRACTS BY GRAND RAPIDS, AS STATED HEREIN; ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS FROM THE END USER DEPARTMENTS AND AGENCIES SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUPPLEMENT TO THE SOFTWARE, AS A SERVICE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AND ALL AMENDMENTS AND MODIFICATIONS TO THE SOFTWARE AS A SERVICE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0362 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 13, please see "End of Consent Agenda. " CA.14 RESOLUTION Item Pulled from Consent 2491 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners CODESIGNATING NORTHWEST 24TH STREET FROM NORTH and Mayor MIAMI AVENUE TO NORTHWEST 6TH AVENUE, MIAMI, FLORIDA, AS "ERNESTO ANTONIO 'TITO' PUENTE STREET"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-17-0370 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez City of Miami Page 62 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 Note for the Record. For additional minutes referencing Item CA.14, please see "Order of the Day" and "End of Consent Agenda. " Chair Hardemon: Mr. Mayor, I'll recognize you for CA.14. Mayor Tomks Regalado: Consent Agenda, CA.14. Mr. Chairman and Commissioners, this is a resolution of the Miami City Commission, co -designating Northwest 24th Street from North Miami Avenue to Northwest 6th Avenue, Miami, Florida, as Ernesto Antonio "Tito" Puente Street; directing the City Clerk to transmit a copy of this resolution to the designated office. What the amendment is that the right name will be "Tito Puente Street. " And I have the honor of having here in our chambers Tito Puente, Jr. He, as his father, is a legend in the Latin music beat in the world. As you know, Tito Puente was the icon of the Latin music and mambo in the '50s and the '60s. And Wynwood was the site of the Puerto Rican community in the City of Miami. They were the pioneers that came before any other Hispanic community. We have Luis de Rosa here, and we have Tito Puente, Jr. Would you please come up? Thank you. (Applause) Tito Puente, Jr.: Hi. What's up? How you doing? Thank you, Mr. Mayor. And, of course, I want to recognize Luis de la Rosa, president of Puerto Rican Chamber; very instrumental in bringing the notion of having my father's name. Yes, his name is Ernesto Antonio Puente, but his stage name was Tito Puente. And this is a great honor. I don't know what to say. I talk to musicians every day, so this is a little uncomfortable for me. Commissioner Gort: Take your time. Mr. Puente: So that's about it. But again, thank you for considering this; and, hopefully, we can make it happen. My mom is in New York, and she's watching, I guess, on TV (television). Hi, mom. And again, hopefully, you guys can come to a resolution and make this happen; it's a dream of my family. And thank you, Mr. Mayor, for recognizing my father. Mayor Regalado: Thank you very much. (Applause) Mayor Regalado: Tito Puente, Jr. Chair Hardemon: So when -- Mayor Regalado: Chairman, that's the only amendment to CA.14. Chair Hardemon: Right. So when the motion comes up to approve the Consent Agenda, ensure that the motion includes the changing of the designation to "Tito Puente, " instead of the full name. And also, thank you for performing, as you have many years, for the Overtown Music and Arts Festival. It means a lot to us in that neighborhood. Later... Chair Hardemon: At this time, what we'd like to do is open the floor for public comment, so if you're here and you want to speak on any of the morning agenda items, now is your opportunity to be heard. Once again, if you're here to speak on City of Miami Page 63 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 any of the public -- or the morning agenda items, this is your opportunity to be heard. What I -- I'll do this first, because I understand there's a little bit of confusion. If you'd like to make a comment on the Tito Puente item, this is your opportunity to be heard. So before I hear everyone else, I'm going to allow the Tito Puente item to be heard. If you are here to speak on the Tito Puente item, this is your opportunity to be heard. You're recognized, sir. Luis de Rosa: Yeah. Luis de Rosa, with the Puerto Rican Chamber of Commerce, and many years in the Wynwood Miami community. I want to thank the Mayor and - - for his efforts in this regard, in naming a street after a legend; an historical figure not only for Puerto Ricans, but for musicians and communities throughout the world. I want to thank the Commissioners, you know, Willy Gort, Ken Russell; and, of course, Chairman Hardemon, whose district the street will be named in; and, of course, Francis Suarez, as well. I want to thank you all for supporting this initiative, and thank you for your efforts on behalf of the community; especially the name, Tito Puente, which, for us, is very dear, and we want to keep the name alive. And we have his son, who goes throughout the world in keeping the name alive, so you're part of history, as well. So thank you, Mr. Chairman. Chair Hardemon: Thank you very much. Is there any other person that wants to speak on that item? Seeing none, the Chair would like to entertain a motion to approve that item. Commissioner Gort: Move it. Chair Hardemon: It's been properly moved by Commissioner Gort. Vice Chair Russell: Second. Chair Hardemon: Seconded by the Vice Chairman. All in favor; say "aye " The Commission (Collectively): Aye. Chair Hardemon: The motion passes. Todd B. Hannon (City Clerk): As amended. Chair Hardemon: The -- Congratulations. CA.15 RESOLUTION 2651 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING THE CO -DESIGNATION BY Commissioners THE FLORIDA LEGISLATURE, PURSUANT TO SENATE BILL 368, and Mayor DESIGNATING THAT PORTION WITHIN THE CITY OF MIAMI LIMITS OF SOUTHWEST 22ND STREET, BETWEEN S.R. 933/SOUTHWEST 12TH AVENUE AND SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA, IN MIAMI-DADE COUNTY AS "LUIS FERNANDO BRANDE STREET;" FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAY. ENACTMENT NUMBER: R-17-0363 This matter was ADOPTED on the Consent Agenda. City of Miami Page 64 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Note for the Record. For minutes referencing Item CA. 15, please see "End of Consent Agenda. " CA.16 RESOLUTION 2655 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING Commissioners NO OBJECTION AND SUPPORTING THE CO -DESIGNATION BY Commissioners THE FLORIDA LEGISLATURE, PURSUANT TO SENATE BILL 368, and Mayor DESIGNATING THAT PORTION WITHIN THE CITY OF MIAMI LIMITS OF U.S. 41/S.R. 90/SOUTHWEST 8TH STREET BETWEEN SOUTHWEST 53RD AVENUE AND SOUTHWEST 56TH AVENUE, MIAMI, FLORIDA, IN MIAMI-DADE COUNTY AS "LORENZO DE TORO WAY;" FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAY. ENACTMENT NUMBER: R-17-0364 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 16, please see "End of Consent Agenda. " CA.17 RESOLUTION 2646 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT Commissioners TO SECTION 18-82(A) OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED, CLASSIFYING TEN (10) VEHICLES AND FOUR (4) PIECES OF INDUSTRIAL EQUIPMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AS CATEGORY "A" SURPLUS STOCK AND DONATING SAID VEHICLES AND EQUIPMENT TO THE CITY OF PORT-AU-PRINCE, HAITI FOR A HURRICANE PREPAREDNESS INITIATIVE AND TO FURTHER ASSIST PORT-AU-PRINCE, HAITI WITH THE RESOURCES NEEDED TO DEAL WITH SIGNIFICANT NATURAL DISASTERS; THIS DONATION BECOMING EFFECTIVE UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS. ENACTMENT NUMBER: R-17-0365 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 17, please see "End of Consent Agenda. " City of Miami Page 65 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 CA.18 RESOLUTION 2657 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT Commissioners TO SECTION 18-82(A) OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED, CLASSIFYING ONE (1) FIRE PUMPER Attorney TRUCK, ONE (1) QUINT FIRE TRUCK, AND ONE (1) FIRE RESCUE TRUCK ("FIRE VEHICLES"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AS CATEGORY "A" SURPLUS STOCK AND DONATING SAID FIRE VEHICLES TO THE CITIES OF SANTO DOMINGO AND SAN PEDRO DE MACORIS, DOMINICAN REPUBLIC TO ASSIST WITH THE RESOURCES NEEDED TO RESPOND TO EMERGENCIES AND PROVIDE CRITICAL LIFE-SUSTAINING CAPABILITIES DURING NATURAL DISASTERS IN THESE IMPOVERISHED AREAS; THIS DONATION BECOMING EFFECTIVE UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS. ENACTMENT NUMBER: R-17-0366 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 18, please see "End of Consent Agenda. " CA.19 RESOLUTION 2663 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JEWELL HAYLES THE TOTAL SUM OF $75,000.00, WITHOUT ADMISSION Attorney OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF MIAMI IN THE CASE OF JEWELL HAYLES VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 2015-11300 CA 34, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE DEFENDANT WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. ENACTMENT NUMBER: R-17-0367 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.19, please see "End of Consent Agenda. " City of Miami Page 66 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 CA.20 RESOLUTION 2675 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $700,000.00, CONSISTING OF AN and Mayor APPROPRIATION FROM THE FLORIDA LEGISLATURE, THROUGH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, FOR THE CITY OF MIAMI POLICE DEPARTMENT TO IMPLEMENT AN ADVANCED CRIME REPORTING AND ANALYTICS APPLICATION; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. ENACTMENT NUMBER: R-17-0368 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.20, please see "End of Consent Agenda. " Ell ki Blue] &*IQki &I Ell ki1111WITC]N1kiU711 Chair Hardemon: If I can have the other Commissioners here, I want to recognize where we are on the agenda. We have one item -- sorry -- we have two items that we have had action on, on the Consent Agenda. One was continued; that's CA. 1. The other was passed; that is CA. 14. What I'd like to entertain is a motion to approve the rest of the Consent Agenda and the Public Hearing Agenda. Commissioner Gort: Move it. Vice Chair Russell: Mr. Chairman, I'd like to pull CA.5 for an amendment. Chair Hardemon: Okay, that -- we can pull it. Vice Chair Russell: It's very brief. Chair Hardemon: You just want to speak about it? Vice Chair Russell: I need a small amendment. Chair Hardemon: Okay, that's fine. We can pull that from the motion. Daniel J. Alfonso (City Manager): Mr. Chairman, City Manager over here. Chair Hardemon: Yes. Mr. Alfonso: Remember, CA.17, we make a -- need to make a small amendment to the number of vehicles. Chair Hardemon: It's the -- that's the entire number of vehicles, but we can get them out as needed. City of Miami Page 67 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Alfonso: Mnz-hmm, okay. You got it. Chair Hardemon: Right. So the motion on the floor right now is to approve the rest of the CA (Consent Agenda) Agenda, and the rest of the PH (Public Hearings) Agenda, except for PHS. That was being pulled out for a separate discussion. Do we accept the motion? Barnaby Min (Deputy City Attorney): CA.S, I believe. Commissioner, was it CA.S or PH S? Chair Hardemon: It was PH S. Was it PH S or CA. S? Commissioner Gort: CA. S. Vice Chair Russell: CA. 5. Chair Hardemon: Oh, it was CA. S; not PH S. Vice Chair Russell: I'd like to pull CA. S, and if we're doing the PH as well, I'd like to pull PH. 4. Chair Hardemon: So to clarify the motion that's on the floor, it's to approve the Consent Agenda and the Public Hearing Agenda, except for CA. S, "Cat, Alpha S, " and PH. 4 -- Vice Chair Russell: Correct. Chair Hardemon: -- which will be -- Commissioner Suarez: And is there a motion on it? Chair Hardemon: -- will accept the motion. That is the motion. Commissioner Suarez: Second. Chair Hardemon: Is that a second? Todd B. Hannon (City Clerk): With CA.17 being amended. Chair Hardemon: CA. 17 is amended. Commissioner Suarez: I've (UNINTELLIGIBLE) CA.17. Mr. Alfonso: Correct. Chair Hardemon: It's now being amended. Mr. Hannon: Mr. City -- Commissioner Suarez: (UNINTELLIGIBLE). Chair Hardemon: I'll explain to you what the issue is. The motion -- the agenda item allows us to donate 10 or so vehicles, and some instruments. The City is going to give them five at a time; and so, I don't think that it needs an -- It doesn't need an amendment. It doesn't change the fact that we're giving the items away. Okay, any further discussion with the motion that's on the floor? City of Miami Page 68 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Carollo: Yes, Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: I need to pull PH3. Chair Hardemon: Do you need to pull it, or do you just want to just talk about it? You need to pull it? Commissioner Carollo: No, I need to pull it, because I need to speak -- Chair Hardemon: That's fine; we can pull it. Commissioner Carollo: -- with the person -- Commissioner Suarez: Okay. Chair Hardemon: So the mover and the seconder agree to the pull? Commissioner Suarez: Yeah, yeah, that's fine. Commissioner Carollo: So I need to pull PH 3 and -- Commissioner Suarez: Got it. Chair Hardemon: Okay. Commissioner Carollo: -- we'll table it. Chair Hardemon: So -- so -- Commissioner Carollo: If we could table it till after -- Commissioner Suarez: The afternoon. Chair Hardemon: We will table it. So we have CA.4 that's -- will not be heard; PH 4 that we're not hearing, and PH 3 that we're not hearing. Any further discussion? Seeing none, all in favor of the motion on the floor say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. We'll be in recess. We'll come back at 3 o'clock p. m. Mr. Min: Mr. Chairman, I do believe there's an Omni CRA (Community Redevelopment Agency) meeting. Will that be proceeding? Chair Hardemon: That -- yes. The Chairman will have his meeting. Vice Chair Russell: Would you like to do that now, sir? Chair Hardemon: It's up to you, sir. You're the Chairman. Vice Chair Russell: Gentlemen, you want to get lunch or you want to do this? Commissioner Gort: No, go ahead, go ahead. City of Miami Page 69 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Suarez: I mean, if it's quick. Commissioner Gort: Get it out of the way. Commissioner Suarez: If it's quick. Mr. Hannon: We need just a few --just a minute here so we can go ahead and change what we're recording. Vice Chair Russell: It could he quick. Commissioner Suarez: It could not he quick, too. Vice Chair Russell: That's true. City of Miami Page 70 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 0001:31Los: INEI NIki[4-1 PHA RESOLUTION 2568 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE TRANSFER OF Community and COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATION Economic AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS Development ("HOPWA") PROGRAM DELIVERY FUNDS TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. AND SUNSHINE FOR ALL, INC. FOR EACH OF THE 2017-2018 AND 2018-2019 PROGRAM YEARS AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, SUBJECT TO THE AVAILABILITY OF FUNDING, TO PROVIDE HOUSING QUALITY STANDARD INSPECTION SERVICES FOR THE CITY OF MIAMI'S SECTION 8 HOUSING CHOICE VOUCHER AND MODERATE REHABILITATION PROGRAMS AND HOPWA PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL THE NECESSARY AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0373 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record: For minutes referencing Item PH.], please see "End of Consent Agenda. " City of Miami Page 71 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 PH.2 RESOLUTION 2521 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), PURSUANT TO CITY OF MIAMI CHARTER Estate and Asset ("CHARTER") SECTION 29-B(C), AUTHORIZING THE CITY Management MANAGER TO EXECUTE A GRANT OF A PERPETUAL, NON- ABSENT: EXCLUSIVE UNDERGROUND EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO MIAMI-DADE WATER AND SEWER DEPARTMENT ("WASD"), A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, OF APPROXIMATELY SIXTY SIX (66) SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT MUSEUM PARK (FORMERLY KNOWN AS BICENTENNIAL PARK), LOCATION OF THE JORGE M. PEREZ ART MUSEUM AND FROST MUSEUM OF SCIENCE, 1101 - 1103 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FOLIO NUMBER 01-4137-073-0025, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE GRANT OF UNDERGROUND EASEMENT, FOR WASD TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE, AND INSPECT WATER/SEWER TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL APPURTENANCES THERETO, INCLUDING, BUT NOT LIMITED TO, FIRE HYDRANTS, SEWAGE TRANSMISSION, COLLECTION FACILITIES, AND ALL APPURTENANT EQUIPMENT, WHICH RIGHT, PRIVILEGE, AND EASEMENT SHALL INCLUDE THE RIGHT TO REMOVE OR DEMOLISH, AS MAY BE NECESSARY TO CARRY OUT ANY RIGHT GRANTED HEREIN, WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM; FURTHER CONTAINING A REVERTER PROVISION IF THE EASEMENT IS ABANDONED OR DISCONTINUED. ENACTMENT NUMBER: R-17-0374 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. For minutes referencing Item PK2, please see "End of Consent Agenda. " City of Miami Page 72 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 PH.3 RESOLUTION 2276 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Estate and Asset VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, Management APPROVING, AND CONFIRMING THE CITY MANAGER'S DETERMINATIONS, FINDINGS, AND RECOMMENDATIONS, ATTACHED AND INCORPORATED AS ATTACHMENT "A," PURSUANT TO SECTION 18-182 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS (A) FOR SAID PROCEDURES, AND (B) FOR A RETURN TO THE CITY OF MIAMI ("CITY") OF FAIR MARKET VALUE; AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBLEASE AGREEMENT ("SUBLEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY AND NKMIA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR PREMISES LOCATED UNDERNEATH THE NORTHWEST 12TH AVENUE BRIDGE, AS MORE PARTICULARLY DESCRIBED IN THE SUBLEASE, ATTACHED AND INCORPORATED AS ATTACHMENT "B," WITH TERMS AND CONDITIONS ALSO MORE PARTICULARLY DESCRIBED IN SAID SUBLEASE, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTEREST OF THE CITY. ENACTMENT NUMBER: R-17-0382 ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For additional minutes referencing Item PH.3, please see "Public Comment Period for Regular Item(s) " and "End of Consent Agenda. " Chair Hardenzon: PH.3. That's the sublease agreement for Northwest 12th Avenue Bridge. Commissioner Carollo: That's correct. Daniel Rotenberg (Director): Good afternoon, Commissioners. PH (Public Hearing) -- This is Daniel Rotenberg, Department of Real Estate and Asset Management. PH 3 is the sublease on the FTA [sic] lot between the City and Naeem Khan, his corporation, which is NKMIA, LLC (Limited Liability Company). This is for the parking of the fashion school, along with Fire Department and for the bridge tender. Chair Hardenzon: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I'm going to move it, with a friendly amendment, and that friendly amendment is something that I've said in the past, jobs, jobs, jobs. So they are creating 70 new jobs, and I want to make sure that at least 35 percent of the jobs created conte within the City of Miami. They have City of Miami Page 73 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 agreed to that. At the sante time, I want to put on the record that NKMIA, LLC shall have a third party independently verb and certify compliance with these requirements on a monthly basis. Said third party shall be unaffiliated with NKMIA, LLC, and the properly -- and be properly licensed, under the provisions of Florida Statutes, Chapters 471, 473, or 481. The person or company performing the verifications shall have a minimum of two years of prior professional experience in contracts compliance, auditing, personnel administration, or field experience in payroll enforcement. The costfor this verification and certification shall be included or beared [sic] by NKMIA, LLC. So, again, this is about jobs, jobs, jobs. If we are going to create an additional 70 jobs, I think at least 35 percent should be within the City of Miami. And then the last part I want to include is a penalty, and should in any of the months come back that we did not meet the 35 percent, I think that the penalty should be fair market value of the spaces allotted to NKMIA for that month; payment to the City. Commissioner Suarez: Second. Chair Hardemon: It's been properly moved and seconded. Any further discussion on that amendment or the motion? So the motion has properly been made. The resolution has been amended. Any further discussion? Seeing none, all in favor say aye. Py The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. PHA RESOLUTION 2290 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH MOVER: ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED Department of "RESIDENCES AT VIZCAYA," A REPLAT IN THE CITY OF MIAMI Public Works OF THE PROPERTY DESCRIBED IN ATTACHMENT 1, SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-17-0372 ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing Item PK 4, please see "End of Consent Agenda. " Chair Hardemon: PH 4. City of Miami Page 74 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Juvenal Santana: Good afternoon, Commissioners. Juvenal Santana, director of Public Works. PH.4 is a resolution of the Miami City Commission, accepting the final plat of Residences at Vizcaya. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes, you're recognized, sir. Vice Chair Russell: Thank you. Ms. Tapanes, you offered an email yesterday with some conditions that the developer is willing to comply with. Do you have that to enter for the record; is that possible, or if my staff has a copy of it to enter for the record? Melissa Tapanes-Llahues: Yes. Vice Chair Russell: Thank you. Ms. Tapanes-Llahues: Absolutely. Vice Chair Russell: This includes some of the issues that the neighbors have had issue with, and I thank you for coming to the table on this issue. So I just wanted them placed in the record that your client is committing to this. I know construction's difficult for everyone; some growing pains here. But we've got some very upset neighbors, and I'm willing to move this item if your client is willing to comply with these issues. Ms. Tapanes-Llahues: Absolutely. The -- Melissa Tapanes-Llahues; Bercow, Radell, Fernandez and Larkin, 200 South Biscayne Boulevard, Miami. The final plat before you does incorporate the proposed -- the revisions that were agreed to by the neighborhood, so thank you for your ongoing support. Vice Chair Russell: Thank you very much. I'll move the item. Commissioner Gort: Second. Chair Hardemon: It's been properly moved and seconded. Is there any further discussion on the item? Hearing none, all in favor of the item, say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Todd B. Hannon (City Clerk): As amended. Chair Hardemon: Motion passes. City of Miami Page 75 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 PH.5 RESOLUTION 2597 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Community VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, Investment APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ABSENT: ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-86(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 OFFICE OF COMMUNITY INVESTMENT, NON -DEPARTMENTAL ACCOUNT, IN A TOTAL AMOUNT NOT TO EXCEED $10,000.00, TO THE OVERTOWN YOUTH CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE MANY WOMEN STRONG INITIATIVE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE THE TRANSACTION. ENACTMENT NUMBER: R-17-0375 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. For minutes referencing Item PK 5, please see "End of Consent Agenda. " PH.6 RESOLUTION 2644 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 TO THE CITY OF MIAMI ("CITY"), 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'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED $5,000.00 TO PEACE LEADERS FOUNDATION (LIDERES DE PAZ) INC., A NOT FOR PROFIT CORPORATION; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE THE ALLOCATION. ENACTMENT NUMBER: R-17-0376 City of Miami Page 76 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. For minutes referencing Item PK 6, please see "End of Consent Agenda. " PH.7 RESOLUTION 2645 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, AYES: APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ABSENT: ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85(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'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED $25,000.00 TO THE INSTITUTE OF CONTEMPORARY ART, MIAMI, INC., A FLORIDA NOT FOR PROFIT CORPORATION; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE THE ALLOCATION. ENACTMENT NUMBER: R-17-0377 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. For minutes referencing Item PK 7, please see "End of Consent Agenda. " City of Miami Page 77 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 PH.8 RESOLUTION 2600 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, AYES: APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ABSENT: ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(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 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED $150,000.00 TO THE MIAMI BAYSIDE FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION; 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-17-0378 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. For minutes referencing Item PK 8, please see "End of Consent Agenda. " PH.9 RESOLUTION 2630 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 TO THE CITY OF MIAMI ("CITY"), 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 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED $5,000.00 TO THE GREATER MIAMI AND SOUTH FLORIDA YOUTH AND COMMUNITY, INC., A FLORIDA NOT FOR PROFIT CORPORATION; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE THE ALLOCATION. ENACTMENT NUMBER: R-17-0379 City of Miami Page 78 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. For minutes referencing Item PK 9, please see "End of Consent Agenda. " PH.10 RESOLUTION 2631 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, AYES: APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ABSENT: ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85(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 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED $25,000.00 TO POISE., INC OF SOUTH FLORIDA, A FLORIDA NOT FOR PROFIT CORPORATION; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE ALLOCATION. ENACTMENT NUMBER: R-17-0380 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. For minutes referencing Item PH. 10, please see "Public Comment Period for Regular Item(s)" and "End of Consent Agenda. " City of Miami Page 79 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 PH.11 RESOLUTION 2574 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, AYES: APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ABSENT: ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85(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 ("INITIATIVE"), IN AN AMOUNT NOT TO EXCEED $10,000.00, TO THE LITTLE HAVANA ACTIVITIES & NUTRITION CENTERS OF DADE COUNTY, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("LHANC"), FOR THE ELDERLY MEALS ASSISTANCE PROGRAM ("PROGRAM"); AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 3 SHARE OF THE CITY'S INITIATIVE, IN AN AMOUNT NOT TO EXCEED $25,000.00, TO LHANC, FOR THE PROGRAM; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4 SHARE OF THE CITY'S INITIATIVE, IN AN AMOUNT NOT TO EXCEED $25,000.00, TO LHANC, FOR THE PROGRAM, FOR A COMBINED TOTAL AMOUNT NOT TO EXCEED $60,000.00; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE ALLOCATIONS. ENACTMENT NUMBER: R-17-0381 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. For minutes referencing Item PH.]], please see Public Comment Period for Regular Item(s)" and "End of Consent Agenda" END OF PUBLIC HEARINGS City of Miami Page 80 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 E-11MI&ixK9]kiII1Nmril311ki[eye]N311ki/_1ki[ *I SRA ORDINANCE Second Reading 1173 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 6/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, Commissioners FLORIDA, AS AMENDED, ENTITLED "ANIMALS/DOGS," and Mayor PROVIDING FOR ADDITIONAL DEFINITIONS, AND ESTABLISHING A NEW SECTION 6-46, ENTITLED "SALE OR TRANSFER OF DOGS AND/OR CATS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13696 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez NAYS: Carol to Note for the Record. For additional minutes referencing Item SR.], please see "Public Comment Period for Regular Item(s). " Chair Mardenzon: SR. I. Madam City Attorney, can you read it into the record, please? Victoria Mendez (City Attorney): I apologize, Chairman. Daniel J Alfonso (City Manager): SR.1. The Ordinance was read by title into the public record by City Manager Daniel J Alfonso. Ms. Mendez: Thank you, Mr. Manager. Vice Chair Russell: I'd like to move it with an amendment. I recognize that it has an immediate effective date on it, but understanding the hardship on business, I would like it -- existing businesses to have one year to conte into compliance. Ms. Mendez: Okay. Commissioner Suarez: Second. Discussion. Chair Mardenzon: Discussion. Anyone want to have discussion? Commissioner Suarez: Yeah. This is obviously a tough one for me. When this first came to me by some advocates of -- and some opponents of puppy mills, I couldn't fathom the idea of the sort of quintessential experience of buying an animal in a pet store, you know. And then, I started to see the way some of these animals are treated, the sourcing of these -- of some of these stores. And not all of them are the City of Miami Page 81 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 sante, and I think we have many people who have conte here today who are good people, who make very compelling cases. It's very difficult when you see young people crying. It's very difficult when you see young people advocating and fighting for their businesses. Even Mr. Rosenberg, who is an advocate, I think, struggled with this issue, had struggles with this issue. And so, I'm struggling with it, too. I mean, I see sort of both sides of the coin. We had a moratorium on it, and we did a very extensive Code Enforcement, and realized and learned that many of the businesses in the City were not operating lawfully. And I think the -- at the time that we began the moratorium, there were somewhere in the vicinity of like nine that were operating in the City, and after the moratorium, it came down to two that were operating lawfully and legally. Both of them happened to be in my district, which just makes this even more difficult, because they're -- you know, they're -- it affects people in my district, and it affects people that work in my district. But, you know, leadership is about making tough choices, and obviously, there -- it's not just the animals that we're talking about here and that we're thinking about here, but it's also the people that buy the animals. And, you know, there have been many experiences where, unfortunately, some people who are had actors, and who are not responsible don't make good on animals that pass away, you know, months after they're purchased or years after they're purchased. There are people that don't comply with the Lemon Law, impossible to get a hold of afterwards, and it's im -- Its a very difficult thing. I have a three year old. I can't imagine having to explain to my son that -- you know, the concept of death. So it's -- again, it's one of these type of situations where it almost feels like a lose lose, you know. It feels like no matter what you decide, you know, someone's going to feel very good about the decision that we made, and I think Mr. Rosenberg kind of highlighted that, you know. And then, some people are going to feel very upset and very angry, and very hurt. I appreciate the Vice Chair's decision to postpone the effective date, because I think that's the compassionate thing to do. I think that gives business owners time to sort of think about how they can sort of re-engineer their business. I think a lot of businesses have already made this decision and have re -engineered themselves, and gone away from selling puppies, because, unfortunately, the USDA (United States Department of Agriculture) seems to either be overwhelmed, they can't handle the issue, they're not properly vetting it. The Federal Government is a big entity. And I think Mr. Rosenberg also made a very good point, you know, and his point was, look, what about the people that are buying it online, the animals online? And is that a -- an easy way to bypass the situation? And so, I think I struggle with all those. But I think, you know, I had been kind of leaning, after the moratorium, of grandfathering in the people that were in business lawfully in the City. But I've seen some things and some evidence that makes me also worry about even those people. So, you know, I -- Again, it's a difficult one. It's one where your heart gets torn in a variety of different ways. I do think, in closing, that delaying the effective date is sort of the human thing to do in a very, very delicate, difficult issue. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized, sir. Vice Chair Russell: Thank you, Commissioner Suarez. Leadership is not easy decisions; it's not easy decisions. And I'm a small business owner, so I know the hardship when you're asked to change your business model, or you feel that you're being accused of doing something wrong. All we can regulate in the City of Miami is what we have jurisdiction to regulate. We are not the USDA, who is responsible for this, but they are underfunded, undermanned, and don't have the transparency for us to count on to know that every store has animals that are properly sourced. I wasn't lobbied on this issue originally. I didn't know it was as big as it is. The lobbyist in my life was my wife; she's a veterinarian. We have four adopted animals that she keeps bringing home from the hospital as she fixes them and they limp along, and we City of Miami Page 82 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 fall in love. But some of them are purebred and some of them are mutts, but they're all very healthy, and we love them all. But she would tell me the stories, as a veterinarian, of the sick animals that would come in, because when you treat animals as a commodity, as a mass produced product, there will be problems. Not every one will come out perfect and some slip through the cracks, and the conditions under which they may be raised aren't perfect. And she would see sick animals, and sometimes, those animals would have diseases that would affect other animals that were being bred at the same place. She would see falsified certificates of origin. Animals can be brought in from other countries and across State lines, and there's really no way for us to regulate that. All we have to regulate is the CU (Certificate of Use), the business tax receipt of the stores that we allow to operate in our City, and that leaves us with a difficult choice. But I believe that many cities across the country are deciding, do they want to be the cities of tomorrow or the cities of yesterday? That -- Do we have a higher consciousness now over how we treat animals, and do we make it our responsibility? And I believe that we do. We're not alone here. Over 50 other municipalities in the State of Florida have already made this decision; over 200 in the country have already made this decision. I did not paint this with a broad brush. This has taken many months to put together, because I didn't want to simply take what someone else had done, and cut and paste. We looked at the best practices of each one, and I carefully studied and understood what was negative about some of them that didn't work, because it was too broad a brush, and what was correct. I don't want to put businesses out of business. I was thankful for Dogtown to come and speak to show how successful you can be as a business without selling the animal; through grooming, through products, through training, boarding, and they're growing. It's a shift in the business model. But I'm not saying we can't sell animals in the City of Miami, either. And so, I made sure that we're leaving hobby breeders in place. They are regulated by the County. They can only have a certain number of litters per year. If somebody wants choice, they want that purebred Frenchie, they want that great Labradoodle, there are hobby breeders that specialize in that and they are regulated and they can still sell and you can still buy, and you can still trust where it's coming from, because you'll see the home where it was born. And for the pet shops, there is a source of animals; the thousands, the thousands of animals that come through our shelter. We're not a no -kill city or county -- I wish we could be -- but one thing we can do is marry together the people who are looking to own a dog, or even sell a dog or adopt a dog, and those who have dogs. And our shelters have dogs; they have all sorts of breeds. They're going to work with us. I know it's not been easy, because there is a disconnect right now between the stores and the shelters, and I'm working to bridge that. I'm working together with Daniela Levine Cava's office at the County Commission. She's watching our legislation carefully, because the County may follow suit. But they manage the shelter, and I wanted to make sure that those shelter animals could still go through the stores, either through adoption or for sale, and that good breeds would be available. There can be an alert set so a person can know when a specific breed comes through the shelter. So I know that I'm not killing business here. It's not easy, but we can be successful together, and we can be conscionable about the way we take care of animals and what we supply to our children and our families. So I hope for your support on this issue, my fellow Commissioners. I thank you, Commissioner Suarez, for your comments. It's not a delay on the effective date. The effective date is immediately so new stores could not open up, but the existing stores would have one year to come into compliance. So thank you. Chair Hardemon: Commissioner Gort. Commissioner Gort: Let me tell you, I'm right with the -- both sides of the party. I've seen the presentation was made here today, and I can see the tactic that's being used. I mean, people want to do away with puppy mills. I mean, we've seen some of the films, the way some of those people have produced the puppies, and that's City of Miami Page 83 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 something that we're against it. The biggest problem that I have -- and we don't have the Code Enforcement, or the enforcement within the City of Miami. That's my biggest problem. We can put certain projection, we can tell them this, "You got to comply with this, " and several items that they need to comply with, but we don't have the code to make sure they're complying with. And I'll give them a year. I think it gives an opportunity to work, and we need to work with them and see how we can improve, and help them in their business they already established within the City of Miami, which is very important. Now, what worries me is the puppy mills. What are we doing international, national for the puppy mills? That's -- I made a statement, I think, about a year ago, when they first were here. We really need to work on that, because you can see it on those film what takes place on those farms. We got to stop it. And that's the State Government, the Federal Government, and that's who we got to really lobby and go after so these things would not happen. Chair Hardemon: Any further discussion? And I'll say that I'm -- From the things that I've learned through this process, I'm clearly against puppy mills. What I think about, though -- and that was a period, and I'll move into my next sentence. When I think about the fact that I was born and raised in public housing -- James E. Scott Community Housing -- and I didn't know anybody that bought a dog from a pet store. All of our dogs that I knew were what you call mutts. A purebred dog was something that l felt, growing up, you had to have money to have. To just walk into a pet store and buy a dog -- I mean, when you hear someone say, "I spent $2, 000 on a dog" -- My grandmother had 15 kids. She couldn't spend $2, 000 on anything. So the fact of the matter that she's a property owner, she raised these kids and, I mean, put food on the table, that was enough of a success, but we still had a dog. And so, it's interesting when we talk about these things, because, you know, I -- When you hear someone says they want a choice, what I'm hearing is, "I'm in the position now where I can finally get that dog that I always wanted, and now, the government is going to tell me that I can't make that choice. " I heard some testimony or some statements earlier that said that most of the dogs that are in the -- what's the proper term? -- the shelter are the older dogs. It's probably true. It probably mimics just the same thing as children that are in the foster care system. As dogs get older, as children get older, people are less likely to want to adopt them. There are people who will adopt them and people who do adopt them, but it is a fact, I think of the matter that everyone can agree that they tend not to do it at such a rate; and so, I think about it. And I have a young little -- I have a young girl; she's nine months old. And so, the question is, would I buy an older dog, or would I buy a puppy? I'd probably buy a puppy, because I'd be afraid to death that the older dog would do something that would hurt the child. And I think, you know, people make their own decisions about why they want to go and adopt a dog, or purchase a younger dog. And so, it makes me think, well, where do people who want that option of having younger dogs, you know, go to find a dog? I would have never thought that going to -- I think about -- There's a pet store -- I'm thinking outside of the City of Miami right now, but it's near University and Pines Boulevard. It's in the shopping plaza with Publix, and I've gone through, and I've gone and looked at the different pets they have there. I would have never thought that they came -- if they came -- I don't know if they came, but they were part of a puppy mill. That's your store? You raised your hand? I thought it was further north. So I visited that place before. And so, it's interesting, because when we say, "Oh, we bought a dog, and three months later, it was sick, " or "a year later, it was sick, " I mean, there are children that are born that die the same day. People are sick. You have children that are two and four and five, fighting cancer. I mean, it's a fact of life that no -- that we're not guaranteed the next day. And so, I find it hard to believe that pets can be like these commodities that you can guarantee will live a long time. But I understand why, you know, we also have the Lemon Laws that protect people when they buy a pet, because you want the pet to kind of -- to live a life, if you will. So it's just a challenging thing, because, like Commissioner Gort, I wonder to myself, well, what does this do about puppy mills? City of Miami Page 84 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 It like -- but understanding that, I guess we don't have any control over puppy mills. The only thing we would have control over is the ability for us to try to ensure that our businesses aren't buying from puppy mills. So when I -- when -- I call him "The Pets Trust Guru. " When the Pets Trust Guru stands before us and says, "I'm conflicted, " it lets me know that I'm not -- me, personally -- that I'm not crazy, because this is a very -- this is an odd thing. So someone who advocates for pets is saying, "Hey, this isn't really doing what we need it to do, this may not be the best decision on things, " it puts me in a position where, like I thought when I read it, it doesn't really get to the point. And then I think about, what is that poor kid that does live in public housing, that does live in affordable housing, ELI (Extremely Low Income), and all these different places that we advocate for, where are they going to be able to get their dogs from that they wanted, that they saved for that they -- you know, besides the obvious shelter that, as I understand, the dogs only stay therefor a certain amount of time? Where do they go? And so, the answer was, "the internet. " The internet didn't exist when we were kids, you know, to buy puppies, but I guess it exists today. So it's kind of one of those things where I wonder if this is legislation that really -- it's meant to look good, but really doesn't have the effect that we need it to have. And the effect, in fact, that it does have is hurting small businesses or hurting people who work in our community, et cetera. So, I mean, that's part of my conflict with this all, because, you know, I typically look at laws that we put on the books, and I hope that they're going to do what we want them to do. And I think in this, our problem that we have is puppy mills. And if these businesses didn't buy from puppy mills, we would not have a problem. And so, that's what I will look for. I will look for a business that didn't use puppy mills. And so, that's part of my uneasiness about this, so -- But I won't belabor the point any further. I think we've reached the -- after the discussion point, I think we're moving on to the vote. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Thank you, Mr. Chairman. I actually feel like you do, and I posted this question the last time we spoke about this: "So I have a six year old daughter. If we wanted to go out and buy a dog, where would we go?" And I know Commissioner Russell mentioned the breeders. Listen, we don't know about breeders or where -- I mean, we go to the store. I mean, like now, indirectly, I sort of found out the answer. If I want to buy a puppy, I thought, you know, I'd go to Petland in Pembroke Pines, because it appears that, you know, they're a credible business, they don't use puppy mills. And let me be very honest with you. I'd be totally against anyone buying from puppy mills, but, you know, we're not experts in the matter, and I don't see where not allowing all pet stores to -- or all pet stores only to be able to receive dogs from the Humane Society, or organizations of that sort offers the consumer what we're looking for. In other words, what if I want -- we want to buy a puppy? So that's -- I feel along the same lines as you, and I'm having difficulties, you know, with this ordinance. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Vice Chairman. Vice Chair Russell: One closing comment. Thank you. And I just want to address a couple things. The hobby breeder is not an elusive, difficult thing. When I was in high school and I wanted a purebred Labrador I looked -- we didn't have the internet. I went to -- I am that old -- we went -- I went to the classifieds, and all the breeders were there to buy the different breeds you wanted -- if you wanted a Husky, if you wanted a Labrador -- and they were regulated, and you could find what you needed. As to the puppy mills, we don't have them right here, and we cannot City of Miami Page 85 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 regulate or reach them, but what we can do is control their -- control -- We can't control the supply, but we can control the demand by not letting stores purchase from them, and that's effectively what we're doing here today. It's not an easy decision, but I do believe the legislation does achieve the intended outcome. And as a last thing, I really want to give a shout out to the shelter, because I really feel it's being spoken of in a negative way here, like it's the last resort or the old dogs, or the ugly dogs. If you go there, you're going to fall in love. There are young dogs there. There are beautiful dogs there. And one thing my wife says as a vet, and if you think of the gene pool and what that does to the health of an animal, she says, "The more you pay now, the more you're going to pay later, because the most expensive dogs can be some of the unhealthiest dogs, in terms of their health down the road, in terms of had hips and genetics, and things like that. The best thing you can do is have a healthy mix. " And that's not to speak about choice, because I understand that's very important, but those choices are there through the hobby breeders, with a lot of trust. And the --for those who can't afford to buy the hobby -- the expensive dogs, you have the shelter. And the strip mall or the mall is -- shouldn't be the first choice. It's -- you know, this isn't a impulse purchase. This is something you really do want to care and think about. But I know we may have a difference of opinion and I know it is a difficult decision, and I respect all of your decisions. But that's all I wanted to say on the item. Chair Hardemon: Can you -- The hobby breeder, is the hobby breeder someone who sells animals at a premium from the storefronts? And if they, for instance, are selling, do you think that this will make the dogs or cats, or whatever that -- the animal is less attainable to people who don't have high income, who want to, you know, have a -- I don't know -- a Greyhound dog? I think about beautiful dogs that I've seen. Vice Chair Russell: Understood. I don't believe that the hobby breeders are the most premium way, necessarily; it depends on the breed, obviously, and the more exclusive the breed, the more expensive that they get. But they're not sold at the storefronts. The hobby breeders usually operate independently; could be a family that's decided this is what they want to do, and they have a purebred animal, and they want to get registered and do this. And you go to their -- usually, their home, and you see how the dog is raised and how it's born, and it -- When I grew up, it was the traditional way, if you wanted to buy a dog, you did it. I never went to a pet store. We went to someone who had a litter of dogs to go buy from them. And so, you know, it's not necessarily the most expensive way. Chair Hardemon: So that would qualms as a hobby -- that's the hobby breeder -- Vice Chair Russell: Yes. Chair Hardemon: -- someone who has a dog, the dog has babies -- Vice Chair Russell: But it's regulated. They can only have a very specific number of litters per year and certain conditions, and all these things. Chair Hardemon: So then, where would, then, the hobby get -- Commissioner Carollo: Yeah. How would a layperson regulate that they're regulated or -- how? Do you ask for their certificate? I mean, how do you --? You know, and then, I wouldn't even know what to ask for; you know. Like, I understand, okay, they're regulated, but in essence, can someone have a litter and just put an ad in the newspaper, or now the internet? And you come and think you're getting a purebred, and--? City of Miami Page 86 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: Or can you have two sites? Can you have a site that you say, "This is my hobby -breeding place, but I actually have a lot more dogs at another place that's a puppy mill, and I'm bringing them over to the" -- "to" -- I mean, one thing I've learned about people who are criminals or people who think -- Vice Chair Russell: They'll find a way. Chair Hardemon: --with criminality, they skirt the law. No matter which way you create the law, they're going to break the law. So, for instance, in this sense, we know that we don't want puppy mills. We're saying in this that people can still have - - they can be hobby breeders. So like many people, I own two different parcels of land; one on the east side of town, and one on the west side of town. On my east side of town, I advertise I'm a hobby breeder, and everyone who comes to see it, they say, "Oh, my gosh, it's such beautiful dogs; you have this, you have that, beautiful grounds. " You take pictures, you show them, but in actuality, I'm getting my dogs from the west side, which I have some sort of puppy mill, and every so often, I'm bringing them over. I'm just asking, because -- Vice Chair Russell: Yes. Chair Hardemon: -- that's the kind of thing -- and I'll give you an example of this. Vice Chair Russell: I agree. Chair Hardemon: I was silly enough -- I went to Haiti, right? And I was silly enough, because they told me, "Don't buy seafood on the beach; it's not regulated. Don't buy seafood on the beach. " But these young kids walk up to you. They had these lobsters; big, medium, small. They're alive, they're in a bag. And they say, "Look, we'll sell you this lobster. We have pikliz we can put on it, " and things like that. "You can pick the lobster. " I picked my lobster. James, I picked my lobster. My wife and I picked our lobster. And the guy came back with all the lobster on a plate; smelled good, it tasted good. And for the next three -- Vice Chair Russell: Oh, no. Chair Hardemon: -- maybe two and a half days -- we couldn't leave the hotel room; could not leave the hotel room. In fact, it was one of those times, Commissioner Suarez, where -- because we had a flight on the third day, right? -- We just hoped that we didn't have to use the restroom once we got on the plane. So it was a terrible experience. And then, in the end, we said to ourselves, "Why did we do that?" It was sleight of hand. They didn't cook us the lobster that they found, because, you know, lobster goes had very quickly. They obviously served us had lobster. But I paid for it. I was warned not to, but I was tricked, because I believed that these people were doing the right thing. But it turns out they're just in it to make a dollar. And so, how is it that we're going to know that even the people that you think are the good guys are really the good guys? And that's my point. Commissioner Suarez: My wife just had a had shitake mushroom. Vice Chair Russell: Yes. And so -- Chair Hardemon: She had what? Vice Chair Russell: Yes, they -- Commissioner Suarez: My wife just had a had shitake mushroom. City of Miami Page 87 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Gort: Mr. Chairman, look, let me give you a suggestion. How many shops in Miami that we're talking about? Chair Hardemon: Two. Commissioner Gort: I think it's two? Vice Chair Russell: Two. Commissioner Gort: Okay. What's the -- Two shops would be very easy to really enforce the Code on it. Why don't we grandfather those in the City of Miami; make sure that they comply with the -- right? I mean, they can buy from the guys that doing the -- have the right place to do it. Vice Chair Russell: I wish that would solve the problem, Commissioner Gort. Let me tell you a little bit about the difference between the hobby breeder and the store, because the breeders, they care for the animal from birth to sale; and so, you know the source in that moment. And even though you may have a good store, they can't control the source all the steps of the way. And this does affect pricing, as well. The breeders can be much cheaper than the store. They don't have the overhead rent of a store. They don't have the manpower staff of a store. They don't have the layers of - - that the puppy mill sold to the broker; the broker took it across state; the broker sold to the store; the store sold -- Imagine the margins involved in what that purebred dog sells for. The hobby breeder is going to be the cheaper way, the more reliable way. The store may operate in good faith, but they even don't have the control to know how that animal is treated from point "A" to point "Z " And I do believe that -- And we really are talking about the two remaining stores. So by grandfathering those two stores, we're in effect making this legislation do nothing. Chair Hardemon: So my question for you, Mr. Vice Chair, is this --? Commissioner Gort: Let me finish my argument. Chair Hardemon: Okay. Vice Chair Russell: My apologies. Commissioner Gort: You have two stores. Vice Chair Russell: Yes. Commissioner Gort: Okay? We can put the certain restriction that we would like to see them perform: Where to buy from, certification where they buy from. And there's only two stores. And we pass an ordinance, and no more stores can be open for pet shops. But these people have been in business -- some of these people have been in business for quite a bit, and we're going to be closing them down; that's why I have really the problem. I agree with -- I mean, I just got back from paying $1,500 for fixing my dog. So I'm a dog lover. I mean, my kid, she would find a stray dog and she would take it to school and announce it on the PT [sic], and give it away, right away. So I'm an animal lover myself, too, so I hate to see what I saw in the films today, and that's the -- We really need to go after those people. But I think if we have two businesses can be affected within the City of Miami, it'd be -- They can go right across the street to Hialeah, and buy it in Hialeah. So you're really hurting two people that have been in business for a while here, so just food for thought. Chair Hardemon: One of the things I -- because what I'm wondering, I would think - - maybe I'm wrong -- because it is a market, it's a capitalist thing. If a store was City of Miami Page 88 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 selling puppies or cats, or whatever it may be that were not in good condition, that were routinely not in good health, that the stores would eventually close, because they couldn't be profitable, because people would be suing them, reputation will be out. I mean, with the way that the -- you know -- with the way that the world is organized today, your reputation, it precedes you. When you go to a store, you look at, you know, the conditions of the store. You look at what people say -- what they call it? -- on -- like Yelp. I mean, Yelp tells you all kinds of things about places where you go and you buy all types of things besides puppies. So, you know, I guess that's -- I would think that if you're buying from puppy mills, eventually, it comes back to haunt you, you know? It's like -- I may be wrong. I mean, I'm just -- I'm asking, because -- Commissioner Gort: Yeah. Let me go a little further. You going to give them a year, anyway. It's grandfathered for a year, and see if they comply with all the requirements that we need to put into it. And our Code Enforcement -- like they did before. We had people from Code Enforcement go into these places, visit these places. Next thing is stores being closed for lack of compliance. And if you're talking about two, they can be really enforced. It gives them a year to comply. Vice Chair Russell: So to pass, as is, giving -- but with the amendment, giving them a year to come into compliance so that they can operate currently, as they want, for a year; or start to work on a new business model that would source appropriately. Commissioner Gort: I would say a new business, and for this one year, give them the opportunity to come up with an -- with a compliance so we can set up the rules and regulations, according to the County; the ones -- the same thing that they offered to the -- what do you call them? -- to hobby breeders. Maybe they can do something with the hobby breeder. Maybe they can do something. We're talking about talking to the shelters, the Humane Society. How many dogs you -- and cats you think they - - what is the word they use now --? Chair Hardemon: Euthanize. Commissioner Gort: -- euthanize a year? Unidentified Speaker: S million a year. Chair Hardemon: S million a year, from the audience. Commissioner Gort: So, you know, we -- and I understand the point of view. I'm an animal lover that I hated those films. I seen the animals going like that. You see the TV programs and people asking for money, and they show all these dogs that been abandoned and that being mistreated. But at the same time, I don't want to hurt the two existing businesses here in Miami. Give them an opportunity, and still comply, what you want to do. Vice Chair Russell: But by complying with what I'm trying to accomplish, they would have a year to find that new method. And like I said, I'm actively working with the County's shelter to see that they can find a supply of healthy, even purebred dogs. Commissioner Gort: And also, not allow any additional licenses within the City of Miami. Vice Chair Russell: That's already -- yes. Commissioner Gort: That's already --? City of Miami Page 89 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Vice Chair Russell: Yes. Chair Hardemon: To be clear, what the Vice Chairman is saying, the Vice Chairman is saying that in a year, they can't sell dogs or cats. Commissioner Gort: No, unless they comply. Vice Chair Russell: Unless sourced from a shelter. Chair Hardemon: Unless sourced from a shelter. Vice Chair Russell: If sourced from a shelter, they can sell dogs. They don't want to do that. That's not their ideal -- that's not easy for them. It's not easy to get the pick of the litter, so to speak, but it is possible. They -- There are rescue groups that have relationships already with the shelters that any time a Dachshund comes in, they are notified, and they can, you know, find that animal. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Question for the Vice Chairman: Is there any other location or place other than a shelter that a pet shop could purchase for resale, for retail, puppies? Vice Chair Russell: Under this legislation, no. We have -- Commissioner Carollo: Right. But that's -- but my question is, not just this legislation. Commissioner Suarez: He's trying to compromise. Commissioner Carollo: Is there any available other locations that are not puppy mills that they can do these purchases, and then have a brick and mortar store, and sell the puppies, you know, retail? Commissioner Suarez: No. Vice Chair Russell: They use brokers and mass production, and that's all that's available at this point, and that's what I m trying to stop. I know it's difficult, but -- Chair Hardemon: I wonder if that -- Is that a true statement; that they all use --? Vice Chair Russell: They don't call them puppy mills. They say -- they call them other things. But if you're mass-producing an animal, you know, whether the conditions are up to a grade of the USDA. There are USDA licensed -- what I would call puppy mills, because they have mass quantities. They're mass-producing an animal as a commodity, and that's what I think we're trying to get away from in general, but we don't regulate that supply. We regulate the stores that are able to sell. Commissioner Carollo: So -- and forgive me. Here, I guess we're being educated on the dais. So let's go a step further. Let's talk about horses, how you put a horse out to -- you know -- as a stud. I mean, is that what you're saying that they're doing, and is something wrong with it, versus the whole puppy mill, where, you know, it's like a factory? I mean, aren't there locations that -- you know, I don't know if you call a City of Miami Page 90 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 dog a stud or what but -- you understand what I'm saying? -- that are used for production of that pure breed. Vice Chair Russell: Yes. Commissioner Carollo: Okay. And can stores purchase from this location? Vice Chair Russell: That's part of one of the things they're doing, and that is a form of mass production, because you're not controlling the number of litters, for example. Commissioner Carollo: Well, isn't the USDA controlling it? Vice Chair Russell: They should be. They should be. Commissioner Carollo: But I thought they were. Vice Chair Russell: They're not able to be as effective as they should be; whether it's budget or manpower, or how often they're able to inspect; and even these days, the transparency with which they'll let the public view the records and -- Commissioner Carollo: Right, but that's a flaw, then, in the Federal Government; not necessarily in stores. Vice Chair Russell: And if we can't control that -- I'm sorry to cut you off. If we can't control that, we need to control what we can control, because we don't -- There's no way we can regulate where they received the animal. There's no way we can truly -- We don't even have the -- we -- The manpower needs that we have as a city to manage what we're already supposed to look at are very strained. But even the expertise to say, "Where did this animal come from?" and there's a certificate of origin, all we can do is trust. And I know that this is the right move for us. I know the City has to move toward tomorrow on the way we treat our animals, on the way we treat our customers, and what they should expect in terms of the regulation. They have no idea when they get that puppy -- They may get a great one and they may not, but they don't know what the journey is that that animal took and the parents that that animal had, and the conditions that they lived in. And this is one option that will allow them to still find a way to be successful in business under a new model, and I want to help that. I do not want to put anyone out of business. Commissioner Carollo: But what I'm seeing, Mr. Vice Chair, is we're not holding the USDA accountable, and because we can't hold the USDA accountable, then we're going this other avenue that potentially does hurt business. And to be honest with you, even myself, I'm saying I still don't have a clear answer, other than what I said, you know, Petland in Pembroke Pines. If I want to go out and buy a puppy, where do I go? Yes, I get it. I can go into the classified. But I'll be honest with you. I'm not going to the classified or into the internet thinking that I'm certain that I'm going to get a purebred, if that's what I would like, you know. So I think that the answer really is holding the USDA accountable, as opposed to legislating, you know, or putting out additional legislation on potential businesses that may or may not be operating correctly. Commissioner Suarez: Mr. Chair. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Yeah. So here's the way I read this -- and I'm not a psychic - - but I read it as two people seem to be kind of against the legislation; two people City of Miami Page 91 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 seem to be sort of in favor of the legislation; and Commissioner Gort, if we don't modem it, may vote against it. So if he votes against it, then nothing happens. So I think it's an opportunity to compromise insofar as maybe the compromise is to say, "Look, we ban it for new stores; we don't put out of business the current stores; and we have a year to monitor the sourcing of their puppies, the current stores that are there. " Maybe they're not sourcing them right before, but maybe now that they realize that they're on the cusp of being banned, we can monitor them in the meantime. I mean, that's the only compromise that might get him to come over here to this side of the ledger; otherwise, the legislation may fail completely; in which case, there's no ban; in which case, there's no regulation from the City, whatsoever. So, I mean, unless you read it differently, I don't know. Vice Chair Russell: Then I have the fear that we're doing what Commissioner Hardemon worried that this might be; it's something that looks good, but doesn't actually have an effect, because we -- Who's going to regulate that? Commissioner Suarez: Hey -- Vice Chair Russell: We can't. Commissioner Suarez: Okay. But -- okay, fine. I hear you. Vice Chair Russell: Yeah. Commissioner Suarez: But if we put it to a vote and it loses, 3-2, then what? Commissioner Gort: Look, give them an opportunity --there's two businesses. I'm sure we can really go in there; inspect them, like we've done in the past on the other ones. Give them an opportunity to come up with a plan. Bring us back within a year. "Look, I'm able to buy from these good sources, " and they can start giving us the information, and we can check it out and make sure -- Today, with the facilities we have, we can check it out and make sure they're the right sources where they're getting the -- Commissioner Suarez: By the way, I think -- Commissioner Gort: -- puppies from. Commissioner Suarez: -- in my opinion, there was compelling evidence on the record that the source is not -- the places where these puppies were being purchased is not a responsible breeder. Right? So if these stores, after this hearing, continue to purchase puppies from those breeders or breeders like that -- Commissioner Gort: That's it; they're out. Commissioner Suarez: -- you know, then I think you're going to have the support, because, I mean, I'm with you, but -- Vice Chair Russell: How will we know? Because we do have -- Commissioner Suarez: Because it's all -- I mean, the way we knew now; the way we know now, because that's all documented, where they purchased them from. And, obviously, there's undercover people that are going and they're exposing them. The problem that we have here, Commissioner, the problem -- Vice Chair, the problem that we have is it does your effort no good, even if I support you, which I am going to do. I will support you on this, but if we don't have the three votes, then that's really symbolic, at most. City of Miami Page 92 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Vice Chair Russell: This legislation can't fail. The City -- the country is watching us right now. This issue is at high enough of a national level of animal care that people are wanting to see what one of the biggest cities in the country is going to do on this issue. Commissioner Suarez: I hear you, but aren't you listening to what they're saying? Vice Chair Russell: I do. Commissioner Suarez: So what do you think is going to happen? Vice Chair Russell: This -- now we're talking -- but we're talking -- Commissioner Suarez: Right. Vice Chair Russell: -- we're counting votes at this point. Commissioner Suarez: Right. Vice Chair Russell: And -- Commissioner Gort: Look, the world also is going to see that we worry about the people that are doing business within the City of Miami, and we don't want to hurt them. We're trying come remediate it. We're trying to come up with an idea where we can help individuals; people especially that been doing business in the City of Miami for 11 years, or 10 years. All of a sudden, we're going to put them out, to show the world? The world looking at us that we are compromising, and we're going to come up with the right idea where they both can survive. And I think the message is being said now. I mean, my commitment is -- Tell me, what do you want me to do to go after the puppy mills, State-wide and Federal -wide? That's where we have to go. Vice Chair Russell: Commissioner Gort, I respect the people that came today and the families that are here, and that are working. I know they don't think that I do, but I do. I know they don't think that I do, but I do. But the evidence is out there of what has happened. And I don't want to demonize a local business. I don't want to say that they are had actors. But the evidence is there; the Yelp reviews are there. There's so much there that's saying these are not operating the way that they should be. So for us to say, "We'll enact this legislation, except for the only two existing ones that are here, " and that we're going to ask them to promise to source from some source that we don't know and they don't know, that's going to be more responsible, that we can't regulate, what would that amendment look like? Commissioner Gort: It's not your promise. It's our commitment to oversee and make sure they're doing the right thing. Vice Chair Russell: Here is an amendment -- Commissioner Gort: If not, they close it. You close them within a year, period. But you give them an opportunity to establish something. Vice Chair Russell: And then to bring back to us their new method of sourcing. would be open to one -- Commissioner Gort: No. They have to start proving -- City of Miami Page 93 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Vice Chair Russell: Yes. Commissioner Gort: -- immediately. I mean, we have to put the regulations. They have to give us -- let us -- give us information and the facts, who they're buying from, so we have an opportunity to check it, make sure they come from the right place. Vice Chair Russell: Another option is an amendment that would make an exception for hobby breeders to supply the stores. This was something I was originally against, because I believe there are loopholes that could be exploited within that avenue, but it is an option -- Commissioner Gort: That's fine. Vice Chair Russell: -- that are -- And so, we would add hobby breeders as an exception within the list as a supply to the stores, but that would be it. They would have -- they would be able to source from hobby breeders, and that would have to be regulated. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: How do you know that hobby breeders are not operating as a business? Like how --? Vice Chair Russell: That is the loophole that could be exploited. Commissioner Carollo: Well I m -- Vice Chair Russell: Anything under the -- turning off the faucet completely creates a loophole that could be exploited. Chair Hardemon: Okay. Commissioner Carollo: Well, because, yeah, it's a hobby breeder. They just keep doing it and doing it -- Vice Chair Russell: They have a limit. They can only produce so many litters a year, and that's it. Commissioner Carollo: Who's monitoring that? Vice Chair Russell: The County. They already have a mechanism in place. We don't have that mechanism even to monitor the store and source -- check the source of certificates and chase that down, and do the investigations, but the County is managing the hobby breeders. If we trust their management of the hobby breeders and we allow the stores to source from the hobby breeders, that is an amendment that I would be willing to accept that would bring a lot more oversight. Commissioner Gort. Commissioner Carollo: Mr. Chairman, what -- Commissioner Gort: I'm sure we can get the County -- we have a representative from the County here. They'll work with us to make sure that we can do anything that we promise here. Joyce Nelson: I have some good news if you'd let me speak. City of Miami Page 94 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: Before you all kind of get involved, because I'm sure there's a lot of people that want to step up and get involved, we have easily 65 people that spoke about this issue. Ms. Nelson: I know. Chair Hardenzon: So just allow us -- Ms. Nelson: But nobody -- ChairHardemon: --you did get an opportunity -- Ms. Nelson: -- mentioned that the ASPCA (American Society for the Prevention of Cruelty to Animals) -- Chair Hardemon: Can you -- Ms. Nelson: Is building a 20 million -- Chair Hardemon: Can you allow us who haven't had an opportunity to discuss the issue to talk about it a little bit? Todd B. Hannon (City Clerk): I'm sorry, Chair. Did we get the speaker's name -- Commissioner Gort: No. Mr. Hannon: --for the record, for the minutes? Ms. Nelson: Joyce Nelson. Yes, I'm very involved with the ASPCA and Humane Society. I know all about this topic. Chair Hardemon: Thank you. Well, give us -- Ms. Nelson: Yes. Chair Hardemon: -- a moment, please. Commissioner Gort: She represents the County, and she's aware of the -- Chair Hardemon: Okay. You represent the County? Maria Levrant: I do represent the County. Chair Hardemon: Great. Then -- Ms. Levrant: I work with Commissioner Levine Cava. Chair Hardemon: Okay. When you say you also -- Ms. Levrant: And I work closely with Animal Services. Chair Hardemon: So you actually work for the Office of Commissioner Levine Cava? Ms. Levrant: Correct. City of Miami Page 95 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: You don't work for the County in the -- Ms. Levrant: Well, I work for the County, but under -- Chair Hardenzon: No, hear what I'm saying to you. You don't work for the -- Vice Chair Russell: Shelter. Chair Hardenzon: -- at the shelter, Animal Services; you work -- Ms. Levrant: No. I work for Commissioner Levine Cava. Chair Hardemon: Right. And -- okay. You want to make a comment? Ms. Levrant: Yes. So we have many hobby breeders, and the Animal Services Department regulates them. However, there are loopholes with that. It would have to be a local breeder, because what happens is, with the Certificate of Source, that if a pet store says they're buying from a good breeder in North Carolina, Iowa, wherever, there's no way for us to confirm that. Chair Hardemon: Right. So local -- Ms. Levrant: It's hard enough for us to patrol what's going on here. Chair Hardemon: So a local breeder would be a good amendment that would make it -- Ms. Levrant: No. The best would be for them to partner -- well -- Chair Hardemon: Go ahead. Ms. Levrant: -- yeah. The best would be for them to partner with rescues or to source animals from the shelter. Many animals that go to the shelters are young animals, because people can't tolerate a young animal, so they immediately surrender it. Chair Hardemon: Okay. But other than what you're advocating for you're saying that if you had a local breeder, that's something that the County could regulate? Ms. Levrant: The County regulates them right now. All the registered breeders are regulated by the County. Vice Chair Russell: IfI may? Commissioner Gort: Yeah. Vice Chair Russell: So I'll proffer an amendment allowing an exception for source -- for the --for local stores to source from local hobby breeders that are regulated by the County. Ms. Levrant: Excuse me. Would that be something that would be monitored in the first year, and then re-evaluated if it's not working the way it's intended? Vice Chair Russell: That's an excellent idea. Ms. Levrant: Thank you. City of Miami Page 96 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Gort: Okay. Vice Chair Russell: And so, that would -- But then, would that give the need for the one year? One-year period of compliance wouldn't be necessary then. They would have a very easy access now to start a new source. So I would like to revise my earlier amendment. It is effective immediately, and we are amending the source as allowing hobby breeder as an exception of source for the existing pet stores. Ms. Levrant: A local hobby breeder. Vice Chair Russell: Local hobby breeder, regulated by the County, as a source. Commissioner Gort: Mr. Chairman. Vice Chair Russell: Is the seconder -- Commissioner Suarez: Yeah I'm fine with that. I just want to -- Commissioner Gort: Yeah; just that I commit my office to work with you all to make sure we comply. Okay? Ms. Levrant: That would be wonderful. Thank you, Commissioner Gort. Commissioner Suarez: State your name. Ms. Levrant: Maria Levrant. Do you want my address and everything? Okay. Maria Elena Levrant. Chair Hardemon: Is there any further discussion on the item at all? Barnaby Min (Deputy City Attorney): Mr. Chairman, just to clam the only amendment is to -- what I would do is define what a local hobby breeder is, and then add into the exception section as -- of the law. Vice Chair Russell: There's an exception of who can sell, and that's not where they're being added; they're already in there. Commissioner Suarez: No. What he's saying is that -- I mean, can I? May I, please, just for clarity sake? He's saying that the pet stores can still sell animals that are sourced from local hobby breeders. Mr. Min: Correct. Commissioner Suarez: Okay? Everyone --? Mr. Min: So it did need two sections; one, because I would define it first, because I don't know if that's -- Commissioner Suarez: Understood. Mr. Min: -- a common term. Vice Chair Russell: It is; "hobby breeder, " yes. Mr. Min: Thank you. City of Miami Page 97 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Vice Chair Russell: City of Miami, and County regulated; County -regulated hobby breeders. Commissioner Suarez: Well -- Vice Chair Russell: City ofMiami stores is who we regulate, but their sources have to be County -regulated hobby breeders. Mr. Min: Yes, sir. Chair Hardemon: Any further discussion? Hearing none, all in favor of the motion, say „aye. " Commissioner Gort: Aye. Vice Chair Russell: Aye. Commissioner Suarez: Aye. Chair Hardemon: All against? Commissioner Carollo: No. Chair Hardemon: Motion passes. Mr. Hannon: Chair, for the record, I have that as 4-1. Chair Hardemon: You have it correct. SR.2 ORDINANCE Second Reading 1092 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED, ENTITLED 'PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS", BY AMENDING THE CITY OF MIAMI MURAL GEOGRAPHICAL AREA TO EXCLUDE A PORTION OF THE DESIGN DISTRICT, AS DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13698 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSTAIN: Suarez Note for the Record. For additional minutes referencing Item SR.2, please see "Public Comment Period for Regular Item(s). " City of Miami Page 98 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: SR. 2. Can you read it into the record, please? Barnaby Min (Deputy City Attorney): SR. 2. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Hardemon: The Chair would entertain a motion to approve. Commissioner Gort: Move it. Chair Hardemon: Properly moved by Commissioner Gort. Commissioner Suarez: Whoa, whoa, whoa. Commissioner Carollo: I'm sorry, where are we? Chair Hardemon: SR.2. Commissioner Suarez: I have to -- I have a conflict on SR. 2. One of the lawyers who came before the Commission repre -- works at the firm that I work at, and he represented someone that had a specific request with reference to this legislation, so I have to state thatfor the record publicly that I have a conflict on this issue. Chair Hardemon: All right. The Chair will second the motion that's on the floor. Any further discussion on the motion? Hearing none, all in favor of the motion, say aye. Py The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Note the absence of Commissioner Suarez. Mr. Min: Oh, I'm sorry. I would ask -- Mr. Chairman, there needs to be a modification to the first "whereas" clause, which references 2017 -- I'm sorry -- 2016. It should be 2017. Chair Hardemon: If there is no objection to that modification, the motion shall carry. Vice Chair Russell: No objection. City of Miami Page 99 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 SR.3 ORDINANCE Second Reading 2156 AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING Office of the City PROVISIONS FOR EARLY VOTING IN THE CITY OF MIAMI, Clerk FLORIDA PURSUANT TO SECTION 100.3605, FLORIDA AYES: STATUTES, FOR THE GENERAL MUNICIPAL ELECTION TO BE ABSENT: HELD ON NOVEMBER 7, 2017 AND A RUN-OFF ELECTION, IF REQUIRED, ON NOVEMBER 21, 2017; DESIGNATING CERTAIN SITES AND A SCHEDULE FOR EARLY VOTING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. Item SR.3 was deferred to the September 14, 2017, Regular Commission Meeting. For minutes referencing Item SR. 3, please see "Order of the Day. " SRA ORDINANCE Second Reading 2609 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED, ENTITLED "ENVIRONMENTAL PRESERVATION," AYES: TO ADD A WAIVER FOR PERSONS WHO QUALIFY FOR THE SENIOR CITIZEN EXEMPTION UNDER SECTION 196.075, FLORIDA STATUTES, AND PERSONS WHOSE TOTAL HOUSEHOLD INCOME IS BELOW EIGHTY PERCENT (80%) OF THE AREA MEDIAN INCOME OF MIAMI-DADE COUNTY AS DETERMINED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUALLY; AMENDING DEFINITIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13697 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: All right. SR. 4. Can you read it into the record, please? The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. City of Miami Page 100 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 Vice Chair Russell: I have a question before we make a motion. Chair Hardemon: Please. Vice Chair Russell: Commissioner Hardemon, you brought an amendment, an idea at the last meeting, which was very interesting on this, on finding a way to utilize our Tree Trust to supply those people who had fine -- who would not need to provide mitigation fees, a way to supply them with free trees. Is that in this legislation now at this point, Mr. City Attorney? Barnaby Min (Deputy City Attorney): I believe we have added to -- on page 3 of the legislation, and added a new section about the Tree Gifting Program. Commissioner Carollo: Yes. Vice Chair Russell: Thank you. I'll move it. Chair Hardemon: And we -- Commissioner Carollo: Second. Chair Hardemon: Properly moved and seconded. And I want to be clear, though, because when I read -- The way that it's written here, you have the hardship exemption, DI -- Dl, D2, and then you have Y. " Does this mean that someone who is applying for a hardship exemption would still have to replace the trees; it's just that they can replace it through the Gifting Program? Because what I'm trying to -- whatl want to avoid -- Vice Chair Russell: That's the intention, right? Chair Hardemon: Right. -- is someone who -- I want to keep us having -- If it's one to one, I want to keep that ratio going; it's just that now, "Listen, I don't want to pay the fees. I can't afford to pay the fees, because I'm indigent; and so, I'm exempted from paying the fees. But also, I can apply for the Tree Trust Program, and I" -- "Put the tree where it should be, and not have to put the tree. " Francisco Garcia (Director, Planning & Zoning): That is correct, sir. For the record, Francisco Garcia. And so, what this mechanism does for us, for the City, is to allow us flexibility. And then, because the intent ultimately is to preserve the canopy, what we have the ability to do is to either replace that specimen in the right- of-way within the vicinity, and the City has the funds to be able to do that; or, alternatively, with the property owner's permission and consent, et cetera, to be able to locate it onsite. But again, our concern there would be liability, so it would have to be with the property owner's consent. Chair Hardemon: Got it; understood. Is there any further discussion on the item? Seeing none, all in favor of the item, say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. END OF SECOND READING ORDINANCES City of Miami Page 101 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Ia:MaIZ&119VN 1371ki[eye]V311ki0ki[*&I FR.1 ORDINANCE First Reading 1374 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 4/ARTICLES I AND II OF THE CODE OF THE CITY OF "ALCOHOLIC Planning and MIAMI, FLORIDA, AS AMENDED, ENTITLED Zoning BEVERAGES/IN GENERAL/NIGHTCLUBS'; MORE ABSENT: PARTICULARLY BY REPEALING SAID SECTIONS IN THEIR ENTIRETY AND REPLACING THEM WITH NEW SECTIONS 4-1 THROUGH 4-11; ADDING DEFINITIONS; PROVIDING FOR HOURS OF SALES; PROVIDING FOR AN APPROVAL PROCESS; PROHIBITING MINGLING; PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES DURING EMERGENCIES; PROVIDING REGULATIONS AND EXCEPTIONS TO DISTANCE SEPARATION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. Item FR.] was deferred to the September 14, 2017, Regular Commission Meeting. For minutes referencing Item FR.], please see "Order of the Day. " END OF FIRST READING ORDINANCES City of Miami Page 102 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 I N;&'%71110j111101ki&' REA RESOLUTION 2432 A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING MOVER: A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, Office of FLORIDA ("CITY") FOR THE FISCAL YEAR BEGINNING Management and OCTOBER 1, 2017 AND ENDING SEPTEMBER 30,2018; Budget DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE MIAMI-DADE COUNTY TAX COLLECTOR TOGETHER WITH THE DATES, TIMES, AND PLACE OF THE PUBLIC HEARINGS AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. ENACTMENT NUMBER: R-17-0383 ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Commissioner Suarez: Do you want me to do a bulk motion together on the ones that are not controversial? Chair Hardenzon: You can. All right. I stay away front it, because it's kind of like a little minefield. The -- Commissioner Carollo: Just do one -- Chair Hardenzon: No, butt mean, look -- Commissioner Carollo: Do one at a time. Commissioner Suarez: That's fine. Chair Hardenzon: All right. So RE. 1. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. RE.1 is setting the nzillage cap for the City of Miami. It is set at -- proposed at 7.4365 mills for the operating nzillage, and 0.5935 mills for the debt nzillage, for a total of 8.0300 mills. This is a reduction of 0.26 mills, total, which is a reduction -- largest reduction in several years -- at least nine years that we've looked at, and it is what is contained in the proposed budget, as released July 7, 2017. Be happy to take any questions you have. Commissioner Suarez: Move it. Vice Chair Russell: Mr. Chairman. Commissioner Carollo: Second. City of Miami Page 103 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: It's been properly moved and seconded. Vice Chair Russell: Discussion. Chair Hardemon: You're recognized, Vice Chairman. Vice Chair Russell: Thank you. Mr. Rose, that deduction [sic] of 0.26 is coming from which section of our millage? Commissioner Carollo: Both. Mr. Rose: It is a combination of 0.21 mills from the operating budget, and. 05 mills from the capital --from the debt service budget. Vice Chair Russell: From the debt service budget. Mr. Rose: Yes, sir. Vice Chair Russell: And that reduction in the debt service budget will not affect our ability to go out for the potential funds we're looking for in the GO (General Obligation) bond? Mr. Rose: No, sir. The item RE.3, to be heard later today, potentially, includes this debt millage of 0.5935 mills in it. Vice Chair Russell: So with regard to the 0.21 reduction of our general millage, can we afford that? I've only been in a couple years now, but many of the things that I see we're suffering with in the City have to do with the services that we provide. A lot of the ones I hear a lot about are in the Planning & Zoning Department, the permitting, the Building Department, that keep projects moving slow, that make projects more expensive, that make projects finish slower, and keep money from coming into the City sooner. I wish we had more people in our Plans Reviews Department, but I'm told we can't afford to put them there. So my question, are we -- By reducing this at this time, are we causing ourselves a potential hardship in terms of the manpower that could be generating funds for us? And also, my next question is the timing. Are we on the precipice of a softening of the market, where it might not be responsible to reduce this portion of our millage? Mr. Rose: The first question is really not for staff to answer. The proposed budget, as -- has this millage in it. The five year plan does have a reduction of property tax roll growth built in at 7 percent, 5 percent, 5 percent, 5 percent. It was 11.3 this past year. So we're looking ahead to a softening, and it is built into the five-year plan numbers that we have. Vice Chair Russell: Thank you. It would be my recommendation to reduce the debt millage as much as possible to still go out for the bond, but to keep our current millage as it is, as it seems -- that's status quo. That's what people are paying now, and we have a lot of needs in the City. Hello, Mr. Mayor. Mayor Tomks Regalado: Thank you, Commissioner. Mr. Chairman, if we do what the County did to keep the millage flat, it will be a tax increase, because of the value of the properties. You know, some governments say that, "We don't raise taxes, " or "We didn't raise taxes, " but they keep it flat, and that's what Miami -Dade County did. So they did raise taxes. So that's why, in this budget, it's -- we have a reduction on the operation and on the debt. And by the way, every year that we reduce taxes City of Miami Page 104 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 more, we get more investment. And Chris is right. I mean, there is a curve, but it is in the five year plan, so. Vice Chair Russell: Thank you. If I could ask, Mr. Rose, so leaving it -- So the amount of reduction in the millage, you're forecasting a level dollar tax rate for the average resident. Is that what the goal was with these numbers that were chosen; to try to keep their taxes level? Mr. Rose: No, sir; that would be the roll -back rate, which would be a lower property tax millage rate. That rate would be 7.0924 mills. This is above that, but below a flat millage rate, so it's in between those two numbers. Vice Chair Russell: So they may still experience a slight increase on the dollar value, but we'll be helping them mitigate how had it might have been. It's a reduction in that sense. Mr. Rose: Yes, sir. Some houses will increase in value, and the rate times the value will equal what they will pay. Out of a total dollar paid in property taxes, only 37 percent of it goes to the City of Miami. The County, the School Board, and other taxing jurisdictions also receive part of those property taxes. Vice Chair Russell: Thank you. No amendment. Chair Hardemon: Is there any further discussion with the motion on the floor? Hearing none, all in favor of the motion, say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Rose: Thank you, Commissioners. RE.2 RESOLUTION 2599 A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING MOVER: A PROPOSED MILLAGE RATE FOR THE MIAMI DOWNTOWN Downtown DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA Development ("DDA") FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017 Authority AND ENDING SEPTEMBER 30,2018; DIRECTING THE EXECUTIVE DIRECTOR TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME, AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. ENACTMENT NUMBER: R-17-0395 ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez City of Miami Page 105 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: RE.2. Alyce Robertson: Hi. Alyce Robertson, executive director of the Miami Downtown Development Authority. The item in front of you is the maximum millage proposed for nextyear's budget for the Miami DDA (Downtown Development Authority). Our taxable value went up this year. We're asking for a flat millage of .4610 -- .4681. Most of our growth came in new construction, with the addition of, most notably, a Brickell City Centre. We only had a 1.2 percent increase in the existing properties, so we're proposing that. The board met on July 21 and made the recommendation to the Miami City Commission. Commissioner Suarez: Move it. Commissioner Gort: Second. Vice Chair Russell: Second. Chair Hardemon: Properly moved and seconded. Any further discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Ms. Robertson: Thank you. Todd B. Hannon (City Clerk): As amended. City of Miami Page 106 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 RE.3 RESOLUTION 2184 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City Manager's ATTACHMENT(S), AUTHORIZING THE ISSUANCE, SUBJECT TO Office THE ELECTION HEREIN PROVIDED FOR, IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING THREE HUNDRED MILLION DOLLARS ($300,000,000.00) OF GENERAL OBLIGATION BONDS ("BONDS") OF THE CITY OF MIAMI, FLORIDA ("CITY') IN ONE OR MORE SEPARATE SERIES FOR CAPITAL PROJECTS AND IMPROVEMENTS FOR PUBLIC SAFETY, RESILIENCY AND SUSTAINABILITY, CITY PARKS AND INFRASTRUCTURE, WITH INTEREST PAYABLE AT RATES NOT EXCEEDING THE MAXIMUM RATE ALLOWED BY LAW; PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES TO PAY SUCH BONDS, PROVIDED THAT THE DEBT MILLAGE NOT EXCEED THE RATE OF 0.5935 MILLS; CALLING FOR A BOND REFERENDUM SPECIAL ELECTION AND MAKING PROVISIONS FOR PUBLIC NOTICES AND HOLDING A BOND REFERENDUM SPECIAL ELECTION CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 7, 2017, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE AT SAID ELECTION, WITH RESPECT TO THE ISSUANCE OF SUCH BONDS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND OF THE CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH BOND REFERENDUM SPECIAL ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS HEREOF PURSUANT TO APPLICABLE LAW; AND DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA, PURSUANT TO APPLICABLE LAW NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH BOND REFERENDUM SPECIAL ELECTION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. ENACTMENT NUMBER: R-17-0350 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort NAYS: Carollo, Suarez City of Miami Page 107 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Note for the Record. For additional minutes referencing Item RE.3, please see "Public Comment Period for Regular Item(s). " Chair Hardemon: Okay. I guess, now we can direct our attention to RE.3. Daniel J. Alfonso (City Manager): All right. Commissioners, RE.3 is our proposed General Obligation Bond. As directed by the Commission last year, we're bringing forth a resolution requesting that the City Commission approve placing in front of the voters a question so that the millage that is currently being used for debt service continue at the sante rate -- no greater rate -- into future years, allowing the City of Miami to borrow funds to do a number of capital projects. To get here today, we have had a number of meetings with many folks in our community. We had meetings in Coral Gate Park, with Duarte, with Hadley, here at City Hall, 12th Avenue Community Center, and some other places. We've met with department directors, some of our engineers, City staff, our Resiliency Officer, our emergency management folks. The list was compiled by the Office of Management & Budget. In the end, the request amounted to more than $1.4 billion. With input from various sources, we narrowed it down to the 300 million that you see in front of you today. These needs that exist will not go away; our total bonding capacity at that current millage, and with the projected revenue increases due to the percentages of property values that we anticipate over the next four or five years. We do have a bonding capacity of about $480 million, so the 300 million is not all that there is, but we thought a $300 million bond would be a sizable amount. One of the things I -- I'll get to that in a minute. This is a conservative estimate. If you note, our current bond payments on the General Obligation Bond will decline significantly after 2022; and so, therefore, that gives us, with the same flat millage, the ability to create this capacity. And as you know, these projects, for the most part, will require some planning and some time, going forward, so that by the time we start spending the funds will be the right time to issue the debt. The fact that this goes to the voters now, it doesn't mean that immediately after approval, we will be borrowing these funds. It just means that we have the authority to do so. And then, as projects get ready to go, then we can issue debt to go along with it. In the past, the City has gotten into a little bit of hot water by issuing bonds ahead of time, and then not spending timely. So if we proceed and the voters approve, we will highly recommend that we hold onto the pattern of spent, and be ready to spend before we issue the funds. At this point, the amount, like I said, is $300 million. The largest bulk of this is 191.9 million, basically dedicated to issues of mitigation of flood and infrastructure related to sea level rise mitigation. There's $58.2 million for Parks and Cultural Facilities; roadway improvements, in addition to any mitigation and flood prevention of 22.8 million; workforce housing or affordable housing or subsidized housing of any type that the City would like to participate with, $20 million, and about $7 million for other public safety items. We're asking the Commission to place this item in front of the voters and let them make the decision, as the construction of the projects that will be done will be utilized by those people that will live in the City of Miami over the next 20 to 30 years, so they will also bear the cost of those facilities. There are some concerns by some folks that this would limit our ability to borrow funds in the future for other expenses, such as the possible legal issues that we may have with some of our labor unions. This has nothing to do with that, and it impacts those abilities in no way. The voters will tax themselves with a millage that is dedicated for the sole purpose of capital projects, and the way that those issues would be handled would be on the operating millage side. So those are two separate questions, completely and apart, so there will be no issues related to that. Projects --these projects will position the City of Miami, in large extent, for the future, at least as much as we can plan right now, and it'll allow us also to leverage those funds, perhaps, for a greater participation from the State and Federal Government. I would like for our Resiliency [sic] Officer, Jane, who has been working diligently on these projects City of Miami Page 108 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 with us -- and since this is -- the bulk of this is related to resiliency, I would like for her to maybe talk about some of the projects and the importance of these for a few minutes, and then I would also like ask our Emergency Management Chief, Pete, to also talk about that. Jane Gilbert: Thank you. Good afternoon. Jane Gilbert, Chief Resilience Officer. So I few back this morning from the 100 RC (Resilient Cities) Global Urban Resilience Summit, and just to let you know, more convinced than ever, how valuable that program is to this City. I've learned so much. I learned about how Boston is using an equity lens to prioritize its transit investments; how New Orleans is connecting their food risk adaptation investments with workforce development opportunities; how New York City involved their citizens and businesses from the get -go in the design of infrastructure to deal with food risk and infrastructure, as well as any building and zoning code changes; how Oakland is engaging their communities to create innovative solutions to affordable housing and displacement issues in their community. These are just a few. Today, I missed a session where they actually used the community of Shorecrest as one of the case studies to look at resilient -- financing, innovative financing for resilient infrastructure in communities. Luckily, our acting Deputy Resilience Officer, Ajani, was there today to take notes for me and us. So finally, as it relates to this critical vote that you are about to make today, I've been refecting on where we are in the process of developing our resilience strategy broadly; and in particular, as it relates to the infrastructure investments in this `Miami Forever" GO (General Obligation) bond. So the good news is that we are so much further along than we were this time last year, when you decided to not move forward a bond, due to the fact that it wasn't fully developed for -- to bring to the voters for consideration. In September last year, we launched the unified resilience strategy development process. In that time, we've engaged over 3, 000 businesses, residents, and civic leaders. We expect that strategy to be released in the spring. Soon after I was hired, we started the Resilient Infrastructure Committee. And as you know, we -- due to funding with the State, we are updating our Stormwater Master Plan so that it will take sea level rise, increasing tidal riskfoods, storm riskfood into consideration. We'll have a robust digital platform to model different solutions, and involve our citizens going forward in the design of different possible green and gray infrastructure solutions, as well as be able to do a cost -benefit analysis; not just from an economic standpoint, but from social, environmental, and equity investments. We're also, per your request, working with the Planning & Zoning Committee and Sea Level Rise -- with the Planning & Zoning Department, Building, and Sea Level Rise Committee to look at the expertise we need to strengthen Miami 21, the Comprehensive Neighborhood Plan, and any other land use and building policies, codes, et cetera, to --from a tidal and food risk perspective. You heard about the great input we had to this bond through the Budget director and our Innovation Officer. We -- that we got substantial input, identifying the priorities in the proposed bond. It really actually matched very well with where staff came in with the bond. We have an urgent need to make this investment in our future and to show investors in the City, homeowners in the City, and the media that Miami is serious about moving forward on mitigating its risk. So I just want to be clear, though, that the actual projects -- We developed a list based on current understanding of prioritized needs, but the actual projects that will be invested in this bond will be based on the updated Master Plan, and then with strong involvement from our residents from those drainage basin areas. So if the voters approve a bond in November, it will take a good amount of time before the financing actually gets in place. We have that time to flush out those plans. We will be then ready to make very smart and strategic investments and to maximize any other private financing and funding opportunities. So my recommendation is you go forward with this vote today. However, you are the elected leaders. You -- it will be up to each of you to inform and engage the voters about the importance of this investment, and to give them the confidence that these investments will be made in City of Miami Page 109 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 the most strategic, effective, and responsive way to the needs of residents. So thank you. I'm happy to answer any questions. Chair Hardemon: Thank you very much. Is there any other presentation from the City? If not, what I'm going to do is I'm going to allow -- Are you speaking on behalf ofpublic safety (UNINTELLIGIBLE)? Mr. Alfonso: I'm sorry. I wanted -- yes. I wanted Chief Gomez to say something, as well. He's our Emergency Management Chief, and also been very involved in some of the sourcing of these projects. Pete Gomez (Assistant Fire Chiu: Yeah. Thank you, Commissioner, Mr. Chair, for letting us speak. I am the City Manager's appointee to the Sea Level Rise Committee, so that is my involvement with this as being the City's emergency manager. I look at this proposal, I look at the bond, and I look at the teamwork that's needed to maintain this City, and take care of some of the resiliency issues that have been identified by Jane and her team. And when I talk about resiliency, I'm talking about all the stresses that the City shares. Not only do I worry about the public safety issues, which this bond takes care of many of those issues that are already identified, but some of the other issues that people don't tend to look at as public safety, such as the road improvements that are included in that bond issue. I'm not going to take a lot of your time. But what I want to say about this is that this has been a very inclusive process. By the way, the Sea Level Rise Committee voted unanimously to move forward and to propose the adoption of this bond. But I liken this to a good football team; and back in the day, the Miami Dolphins were a real good football team. Some of you might be a little bit too young to remember those days, but they were really a good football team, and it started off -- basically, it started off with -- Mr. Alfonso: Not before (UNINTELLIGIBLE). Chief Gomez: -- a real good coach, a guy named Don Shula. So if you take a look at the Sea Level Rise Committee, that's your coach; that's your Don Shula of this whole proposal. And then you always need -- those of you that know about sports, defense wins championships. Well, we got a great coach in Jane; that's your Bill Arnsparger. And this proposal, this bond issue is a number -one draft choice sitting there for you, and that's your Dan Marino. All I say to you is, don't pass up the opportunity to draft Dan Marino. Thank you. Chair Hardemon: All right. Commissioner Suarez: (UNINTELLIGIBLE) analogies. Chair Hardemon: I promised Labor that they would have about three -- a few minutes each to address this body, so I want to fulfill my promise to Labor, so you're recognized, sir. Javier Ortiz: Thank you, Mr. Chair. Reference RE. 3, we're obviously opposed to it. My name is Javier Ortiz. I'm the president of the Fraternal Order of Police, 710 Southwest 12th Avenue. I believe in climate change. I believe it's coming. I believe that there's things that we need to do in order to protect our City, but with that said, it doesn't have to be done today. I used to work for Comp USA, Mr. Mayor, and you kind of reminded me of something when I was researching this. And from now on, I'm going to call you "Mayor Y2K, " because you have gone from saying that you need $72 million for sea level rise to 192; really, with no explanation. And back in the day when I worked for Comp USA, there were ads all over saying, "Y2K is coming. The day is coming. The world is coming to an end. " City of Miami Page 110 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: I didn't believe that, by the way. Mr. Ortiz: Okay? And we were selling this -- some protection plan, some scam. It was like 69.99, and it was selling like hotcakes. And you know what happened on Y2K, right at midnight and everybody was waiting? Absolutely nothing. Now, this is a little different. Climate change is a little different, and I understand it has to be dealt with. However, the shock and all, when you put things in perspective, this is something that needs to be looked into a little bit more. And then there were some other things: 45 million for the Marine Stadium. I think that's a lot of money for the Marine Stadium. Mr. Alfonso: There is no money for Marine Stadium, sir. Mayor Tomks Regalado: No money for the Marine Stadium. Mr. Ortiz: No? Okay, thankyou. Mayor Regalado: No. That's the -- Mr. Ortiz: Thanks for bringing it out. Mayor Regalado: --National Enquirer, right? Mr. Ortiz: I knew you were going to say that, so that's why I got the Time Magazine one. I was going to Photoshop you in it. Mayor Regalado: That's a failed magazine. Chair Hardemon: Right. "Paradise lost." Unidentified Speaker: Hey, wait. You got (UNINTELLIGIBLE). Mr. Ortiz: I hope he's not taking my time away. Vice Chair Russell: That's quick. That's quick. Mr. Ortiz: All right. And then there's $20 million for public housing, which I commend, but at the same -- we need more money for public housing, not 20 million. I used to live in the City. I used to live in your district. And you know what's going to happen when that 20 million goes -- if the bond deal goes through? It's not going to go to your district. There are districts that need that money more. So 20 million is a drop in the bucket. I don't know how the Manager -- Mr. Manager, you're able to say that, you know, this is not really an issue regarding the fiscal urgency. Let me tell you something. Fiscal urgency and that lawsuit is going to cost you more than 200 million. Whether you like it or not, whether the City Attorney's Office wants to acknowledge, if you try to appeal this to the First DCA (District Court of Appeal) -- it already got slapped down by the Supreme Court. Once PERC (Public Employees Relations Commission) decides, which it's coming, because they already recommended to give us everything back, because contrary to what the Mayor has said, there have been no negotiations. PERC has even recommended, "Just give them everything back," because the City doesn't want to negotiate. I'm telling you for the last time, this is the time to negotiate. This is the time to negotiate. My pension's coming back; so is everyone else's, because once PERC comes through, and says, "This is the recommendation; appeal all you want. " It has been deemed City of Miami Page 111 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 unconstitutional, your ordinance. And it is projected that it is going to cost the City of Miami approximately $20 million a year just on FIPO (Firefighters and Police Officers) alone. So you say, "Oh, well, we're not going to pay it. " Well, there's something called -- what would I call him? -- the "Revenue God, " and that's the Department of Revenue. And if you decide not to pay and honor your pension obligations, then they can stop the revenues coming into the City. I have a plan. I have a way that we can deal with this amicably, reasonably. And I believe that tying up all this money in a bond issuance, I don't think there's -- right now, this is the right time for that. Again, sea level rise is a concern, but I think it would be, you know, a real big concern when you're going from 70 to 192 million. Thank you Chair Hardemon: Thank you. Freddy Delgado: Freddy Delgado, representing 580 -- Local 587, 2980 Northwest South River Drive. We were all here approximately in March, right after the Supreme Court decision came out. And I remember asking the Commissioners, the Administration, you know, "Let's sit down. Let's do the right thing. " We have done it before so the City survives, the employees survive; the citizens can afford it. So far, we've been negotiating for a year and a half, and I can't even get my members' pay back. You know, they're paid back. I haven't been able to get it back. They'll tell you that my members are making the same amount of money they were making in 2010; that's completely false, completely false. I heard today -- I didn't even know -- that the Finance Committee recommended, I believe, not to sell the bonds. Now, I know the Manager's always put a lot of importance into the Finance Committee, because I remember in the past, they've come here to report on labor contracts. I just heard that today. And then, I talked to the Manager today, and he explained to me that these bonds won't affect any bonds that the City would have to put out to pay the possible liability that's coming to the local unions. At the end of the day -- I'm not a CPA (Certified Public Accountant), I'm not a finance major, but I believe all that money comes from the citizens, whether it's debt, operation, or whatever else it may be. So all the money comes from the same pot. And we're here to speak against this, because I think there's priorities. I do believe in everything that the GOB (General Obligation Bond) bond would be paying for. I agree with what ,favi was saying. We need more money for affordable housing. I think it's the wrong time. I think you have to do it with priorities. I appreciate the Chairman giving us time to come up here and speak today. And I recommend you vote "no" on this. Thank you. Sean Moy: Sean Moy, union president of Miami General Employees, 4011 West Flagler; Unit 45. We -- Clearly, our unions are not in favor of RE.3. There's been a lot of concerns. We don't think it's the right timing. I think that there's a time and place where we could revolve a lot of these different issues. Litigation's not going away. We want to resolve our issues, as well. There's got to be some restoration, some benefits for the employees, and we got -- we can't just kick the can down the curb and expect a new Mayor to resolve this issue. So I would suggest that you sit down with the employees and ask them, "Hey, look, let's settle this. Let's fix this. And let's fix the City." You know, we're in favor of a lot of these projects. We're in favor of it. We want what's best for the City, but let's prioritize it, because we're not going to go away, and a city can't function without the employees. So we just don't want you to kick this can down the curb. Let's talk, let's resolve it, because it's going to be an issue for our next Mayor, or whoever's going to come back. That's all I have to say. Thank you for the time. Commissioner Carollo: Mr. Chair. Chair Hardemon: You're recognized. Oh. Grace Solares: May I? City of Miami Page 112 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Suarez: Go ahead. Ms. Solares: Hi. My name Is Grace Solares, 60 Southwest 30th Road. I am requesting that you do not pass this GOB legislation today. First of all, we must consider, one, the impact that the additional $25,000 in tax exemption is going to have on our budget; that that will pass for sure; two, the impact payment of hundreds of millions of dollars to all these people that whether it's 200 million or 300 million or 150 million, where are they going to come from? We're going to have to go get another loan? We're getting the bonds now. We have to think about what's going to happen with the SEC (Securities and Exchange Commission), and how much we're going to have to pay on that. We still have to think about the fact that we have a debt, still, being paid with my taxes dollars, with my HOME (Home Investment Partnership Program) dollars, for $130 million, still. I'd like you to think this carefully, what you're going to do today. You're going to have next year -- primary elections very soon in the year, because of the Ros-Lehtinen seat. This matter doesn't have to be voted on today; it could be voted on next year, at the beginning of the year, after you decide -- after you actually verify what you're going to be paying in these things. It is -- the list that you provided -- because I attended the meeting here -- to the people the day that we came here, what they're going to be doing, that changes, Commissioner Russell. And to you, I'll address you on this one. Back in the beginning of the 2000s, the bonds at that time, the home improvement bonds saved the homes $250,000. There was -- the first item on the list was refurbishing the Marine Stadium; there was zero dollars for it. There was an additional $40 million to refurbish the Orange Bowl. We spent $40 million, and then we demolished it. You have to think about the fact of who's going to be sitting in those seats there, because the list of items that you have will change or can change. You have to think about whether or not you're going to be going to Congress; that there are going to be three new people in here that never participated. Why the money was actually not done for the -- nothing was done for the Marine Stadium at the time? Because the monies of the bonds can be reshuffled, pursuant to the different pet projects of the different Commissioners and this Commission. You're not tied to this list. So I ask you, please, to review your numbers on this issue. Now, he just told you the -- Mr. Manager -- that their money is not -- They don't have any problems in paying or getting to some agreement with them, but in order to do that, they will probably have to get some kind of a loan that we're going to be paying at a time. I certainly don't want you to go to our funds that are there, pursuant to the requirement of the State, in order to pay them. So I want you to be very careful. You have a fiduciary duty to be financially responsible, what you do with my money and the money of my neighbors, so please think about it twice. Thank you. Chair Hardemon: Thank you very much. Commissioner Carollo: Mr. Chairman. Vice Chair Russell: Mr. Manager has (UNINTELLIGIBLE). Chair Hardemon: Would you like to speak before the Manager? Commissioner Carollo: Yes. It's actually a question for the Manager, and I'll be brief, and then I'll have my comments. My question is, since we're talking about the finances so much, why -- I want to hear from the Administration -- why did the Finance Committee vote 4-1 against this bond? Mr. Alfonso: 3-1, but we'll read a statement from Mr. -- I wasn't there, so I will read a statement from -- you have the statement? -- Mr. Eli Feinberg, who is the chairman, that he sent us. City of Miami Page 113 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Carollo: And he was the only person that voted in favor of it, correct? Everybody else voted against it? I just want to verify. He's the only person that voted in favor of it; everybody -- every other member voted against it? Mr. Alfonso: I (UNINTELLIGIBLE). Commissioner Carollo: So I -- we did not hear you. Mr. Alfonso: There was one member that abstained, so it was 3-1. The message that we got from Mr. Feinberg today was: "On Friday, July 21, the Finance Committee met at City Hall. One of the items that we addressed was the proposed General Obligation Bond. We had a thorough discussion with the Budget director, the CFO (Chief Financial Officer), and Assistant City Attorney, who were available to answer any and all questions. The committee unanimously agreed that the five GOB categories under the proposed `Miami Forever GOB, Sea Level Rise Mitigation and Flood Prevention, Parks and Cultural Facilities Roadway Improvements, Workforce Housing, and Public Safety" all had a strong public purpose and addressed issues throughout the City. Committee members were concerned of future fund deficiencies, potentially in the reserve funds, that the members wanted the Administration to address and stay within financial integrity principles that are established, and to find other debt sources available to fund these needed projects. The Sea Level Rise Mitigation had strong support and concern. And hopefully, the Commission, working with the Administration, will find a solution to fund these projects. If you have any questions, please feel free to contact me. " Commissioner Carollo: So, in essence, they were concerned about future fund deficiency? Mr. Alfonso: Correct. And so the issue that I mentioned in terms of the fund deficiency -- and I want to clarify it again. For one thing, there was a conversation here --and people mentioned the 25, 000 additional homestead exemption. That has been taken into account in the projections of revenue that we have already assumed. We also assumed that as soon as the voters approve that, this Legislature -- this legislative body, I'm sure, will be making a resolution to also apply that homestead exemption to the City. I don't think -- even though it's an option, I don't think people are going to pass that up. So we assume that in our numbers that the additional homestead exemption will be applied, and still, we have the capacity. The conversation about, "What will be SEC do?" we have already settled the SEC claim. We already know what that cost. We've actually already made the payment. That is no longer an issue in the courts. The discussion about delaying until Ros-Lehtinen and her race, that race does not cover the entire City of Miami jurisdictional boundary; therefore, there would be some additional fiscal cost if we were to piggyback on that election, if that was to be in the spring, or whatnot, unless there are some other kind of Countywide election; in which case, then the City could piggyback on that. And I want to reiterate again, if the voters of Miami, who are the ones that you would be asking to approve this, vote for a General Obligation Bond, the millage that they currently pay would not go up; it would be the existing millage that they're already paying. And they would be, in fact, approving to tax themselves for this purpose. That money cannot be used to resolve any other litigation issues of the City of Miami, other than to pay for capital projects. A General Obligation Bond is for capital projects. If the City of Miami resolved any of these legal issues with any actual money, whenever that may take place, that would have to be figured out in our operating budget. So we would have to either make other cuts to operating budget in order to meet those needs, raise the millage, or borrow money, but it doesn't impact the General Obligation Bond, which is a separate millage. City of Miami Page 114 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Vice Chair Russell: Is that it? I'd like to move this item with an amendment. Chair Hardemon: Can we have some discussion before you make some amendments, like discuss the amendments? Vice Chair Russell: Yes. Chair Hardemon: Go ahead. Vice Chair Russell: The amendment I would like to offer is in the language of the ballots. I would like to add the word "current. " Where it says, "Provided that the debt millage not exceed the rate of 0.5935, "I would like it to say, "Provided that the debt millage not exceed the current rate of 0.5935, " so that it's very clear to the voters that the rate is not changing. Mr. Alfonso: Okay. Because by that time, it will be current, but only if this Commission approves that rate in September. In other words, that .5935 millage that we are currently proposing is if the budget passes, as proposed, and the City Commission approves it in September. Then when the voters vote in November, that will, in fact, be the current rate. Right now it's actually a little higher than that. Vice Chair Russell: Again, speaking to how voters feel when they come out of the ballot box scratching their heads, they may not know exactly what the decimal point of our millage rate is, and so they don't know whether this is an increase or a decrease. I'd like the word "current" added into there. And if you run out of words, you can take the word out, "Florida. " I know you have a word count. So you could just say, "The City ofMiami"will issue a General Obligation Bond. " Mr. Alfonso: Thank you. Chair Hardemon: Miami, Ohio. Vice Chair Russell: Yeah. And that's an initial amendment, but of course, we can talk about specific spending within. I would also like the Manager's memo that lists projects to be entered into the record so that the public does have a sense of a list that's not found in the backup currently of what these projects that we're thinking about are. Can they change in the future? Yes. There is a process; not just because a bunch of Commissioners want it, but through a Bond Oversight Committee. And there will be changes, because this funding, a lot of which is for sea level rise, as our flood water -- Stormwater Master Plan comes into place, as our Sea Level Rise Committee makes recommendations, as our new Chief Resiliency [sic] Officer finds new and innovative ways for us to shore up the resilience of our future city, there will be some changes, but what we're doing here is creating the funds, and it's not putting the cart before the horse. This is the first step we must take. We absolutely have to take this if we want to be the city of tomorrow, not the city of yesterday. I can't imagine what it was like in 2009 -- I'm so glad I wasn't here at that time -- when decisions had to be made about labor. It was a tough time, and it wasn't fair. Was it needed? Was it a fiscal urgency? Did all the steps --? Were all the steps of notification and everything taken to correctly get us there? That's for courts and others to decide. But did we have a rough time and need to make some tough decisions? It happened. And advocates that care about the people that work for this City had to make some very difficult decisions. In the efforts to come back from that -- and I think we're on that road -- I hope we all work together, because I'm an advocate for you, as well. But to say that we should hold back on the shoring up of our City, that we shouldn't take on the most -- the greatest challenge that this City's going to face in future years in terms of resiliency, sea level rise, and many, many cultural and physical issues, would be irresponsible. Nobody wants a tax raise. City of Miami Page 115 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Everybody looks out on their street and wants their road fixed, wants the drainage fixed. Nobody wants a tax raise. So that puts us in a political quandary. Where do you find the money? This is an amazing tool that will allow us, instead of taxing $1 and spending $1, to tax $1 and leverage that dollar into many, to do the massive projects that are needed for this City. I stand out in a street in my district, and it hasn't rained, and my feet are wet. That shouldn't be. That means it's not too early. That means it's happening now. We can't even develop the basement of this building. There's a whole floor underneath us that we can't touch, because it's below the food plan. The docks right next door, within 20 yards of City Hall, are at this moment covered in water because of the tide; and the streets are backing up, even when it doesn't rain. This is urgent. Not to mention the many, many other things that are addressed in this bond, sea level rise is something that we must rise to address. We cannot ignore it We don't have the money to fix it. This is an incredible way for to us leverage our existing tax millage, our current millage, without raising that tax millage, and generate $300 million of projects to improve our City for tomorrow, for forever. But this isn't too fast. This isn't too careless. We've been working on it for a long time. I want to call it "Miami Forever and a Day; " it's been so long. A year ago, we failed at this, because we felt that the Administration didn't do the right preparation work. This year, I'm proud of the Administration's efforts. I'm proud of the public input. $1.3 billion in ideas? The Manager said, "Well, that's what you get when you ask the public. " I'm glad we asked the public. I'm glad the engagement was there. Of course, we couldn't do it all, and we had to make some tough decisions on the spending, but here we are today. I've made my motion. I'm open to further amendments, and I do hope that we come to some form of consensus to get this passed. Thank you. Chair Hardemon: Mr. Manager, the -- this resolution gives us the parameters of how we can spend the dollars, but it doesn't tell us what we're going to spend the dollars on. We still have time to figure those things out; is that correct? Mr. Alfonso: Mr. Chairman, I'm going to ask the Law Department to give you a response, only to the extent that -- The question is very broad, and it talks about 300 million in several categories. There is a backup item, which is the agenda item summary form that lists out major categories with dollar amounts. If there is -- Chair Hardemon: And that number -- that list is larger than the ballot language list, as well. Mr. Alfonso: No. It's 300 million. Commissioner Carollo: No. Chair Hardemon: No, no, no, no. Commissioner Carollo: No. Chair Hardemon: The list. Mr. Alfonso: Oh, in words, yes. Chair Hardemon: The list, yes. Mr. Alfonso: Yes, absolutely. In words, yes. But it is the backup to say what is the size of each of those categories. If what you're asking is, "Later on, if we wanted to spend, let's say, $40 million for workforce housing, or some kind of assistance project for housing or whatever, could we take that from sea level rise?" I'm not sure that that -- I could answer that question. That would be a legal question to City of Miami Page 116 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 answer. I think it would be best, if we're going to do something like that, to be very clear now as to what is our intent, at least by category. Chair Hardemon: So then -- Mr. Alfonso: And then within the category, yes, anything that relates to that can be changed. Chair Hardemon: Right. So -- when you say, "changed" -- there's two folds. So, one, can you take from one and give to another? That's one of the first questions before you get there. Second is --for instance, under Parks and Cultural Facilities, there is not a defined list of improvements, so therefore, what I'm saying, isn't it true that the Commission can help guide what improvements we want to make? Because that is ultimately what the Commission does, improving capital improvements (UNINTELLIGIBLE) ? Mr. Alfonso: Correct. So Vice Chairman Russell mentioned the memorandum that I sent to all of you that included how we got to each of those category numbers, which he wanted to insert into the record, but the fact is that those broad categories still can be amended, because the way that the bond is carried out is that we create an Oversight Board that people can bring recommended changes to, then those changes are recommended by the Oversight Board to the City Commission; the City Commission approves those changes. The City Commission can make recommendations to change those expenditures within the categories. I mean, if you think about the County's GOB, which is the -- was issued, I think, in 2001 or 2, 2003, V -- in the first five years, 2004, there was a 2.1 billion or $2.2 billion bond. There's millions of those dollars that still have not been even issued, because they are issued in tranches, as the ability is made. And the projects that were in the original list, some of them have been tremendously changed. As a matter of fact, even the -- we had an issue with the SkyRise money that was allocated by the County Commission, and then -- and taken out. I mean, that was never contemplated in the original GOB, but it was contemplated as a category, and so these things can definitely change within the categories. Commissioner Carollo: Mr. Chairman. Go ahead, go ahead. Chair Hardemon: And part of the reason why I'm bringing this up is because when I look at the -- Well, first of all, I think the way that we even title some of these need to be addressed. So for instance, right now we have workforce housing. Workforce housing is a category of affordable housing. I would want to change that to Affordable Housing and Economic Development, " because it -- Mr. Alfonso: Right. Chair Hardemon: -- you have to have both of those to have a successful community. Mr. Alfonso: Okay. Chair Hardemon: So for instance, that type of category. If I -- and I'm going to make some recommendations. I'll give two different options, for instance. One, so the "workforce housing" would change to 'Affordable Housing and Economic Development, " as a category. And additionally, you know, $20 million is not a lot of money, I believe -- right? -- in one -- Mr. Ortiz made a comment about the need, and how the need is based within our City. So one of the things that -- but I do believe that there is a need in each district, though. The needs are different. So for instance, when we look at the dollars that we get from our Community Development Block Grant, we divide those in percentages. Why do we do that? We do the same thing City of Miami Page 117 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 with our anti poverty dollars. Why do we do that? Because there is a need, but the needs are different. And so, I believe that when you talk about things like Affordable Housing and Economic Development that the need should be broken up in that same fashion. So for instance, that -- we should be able to identify how to use those dollars in these different neighborhoods, based off of something that's been tried and true that we know exists, that we know can be used in each district, and we know how to go about doing it. Second, when I look at something like $20 million for affordable housing, and I know that we have a need for affordable housing -- And I'm thinking about just out-of-the-box ways of doing things; I guess, at least different from the City of Miami has been doing in the past, and I don't want to tout that just too much, but just to say that I think there's a greater need for affordable housing, so -- For instance, when I look at this, I say, "Well, yes, sea level rise mitigation and flood prevention is important, but people" -- "but these neighborhoods are being gentrified every day; there's a need for affordable housing, " and this is our opportunity to really help with that; especially those single-family homeowners, those seniors who are living -- who are not in senior facilities, who don't rent at a low-income place, but they're in their house, and they may be eating cat food to get by so they can buy their medicine, and they don't have anyone to come check on them every single day. And if they fall, there's no person that's going to find them. They're going to be therefor a week, until someone starts to wonder, "Well, what happened to Ms. James? I haven't seen Ms. James come. " And then Eire -Rescue comes, or the police are called because you need to break into their home to find them there, possibly deceased. That's not the kind of conditions that we want our people to be living in, because they don't live in standard housing. So when I think about things like that, I personally believe that you have two options: You raise the amount of money that you want to use on this bond. So for instance, I can see an $80 million increase to affordable housing so that it would equal $100, 000; plus $20, 000 increase for Parks, because I think there's a tremendous need for -- Vice Chair Russell: Say it again. Chair Hardemon: -- Parks. I said, 80 -- For instance, one of the options could be a $80 million increase for Affordable Housing and Economic Development, and plus a $20 million increase for Parks. And that $100 million increase, I think, would reflect the needs of this community. Or in another way, you could take from what we already have with a $300 million budget, and say, take 50 from Sea Level Rise, give 10 to Parks and Cultural Facilities, and another 40 to Workforce Housing -- I mean, for Affordable Housing and Economic Development, so now you have a total of $60 million for affordable housing. So what I'm trying to do is come to a number that's respectable; that we know that we're not just playing fast and loose and putting affordable housing on there just because it sounds good. I will tell you, every community is not going to be receptive to sea level rise mitigation and food prevention. That is not their issue. There are a lot of people that will look at you like "What are you talking about?" It is an issue that people have to be educated about. It's a process. And people -- that's not their immediate concern. Javier knows that people's immediate concerns are the safety of their family, housing. I mean, it's like Maslow 's hierarchy of needs, you know. So this is what I think we need to really -- to look at in order for us to get something that's palatable for people to pass in these neighborhoods, and to also offer people something that they can say, "I have a chance, " because the one thing about -- it's -- I don't know -- it must be someone's phone or something. It is one thing about -- there's something about hope in neighborhoods where people generally believe people are hopeless. If you give someone the hope, the idea, the goal that they could tap into $100 million to create more affordable housing, to keep housing in their neighborhoods -- I'm not talking about building necessarily a new 160 -unit building. I'm talking about keeping the Grove -- the West Coconut Grove owners in their properties, maintaining wealth in those neighborhoods, doing the things that you described in the -- what the CRA City of Miami Page 118 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 (Community Redevelopment Agency) is doing. What -- when I look at what's happening with the Town Park neighborhoods, and what eventually happen in other parts of our communities, that is humongous for keeping people within their homes. What I don't want to see is this: I don't want to see neighborhoods where poor people have always lived but owned their homes, I don't want to see them moved out -- not necessarily of their neighborhood, but out of their homes, because they wanted hot water, they wanted high -impact windows, they wanted safety, they wanted to live without rodents; they wanted to live and sit on a toilet seat that's ADA (Americans with Disability Act) -compliant and not from 1940, where they can't get up and down from; where they can step -- where they can walk into the shower and not have to step over a tub, where they -- so -- I mean, seniors do not take baths as often, because they can't get in and out of the tub, fact. Seniors will die because of falling in the middle of the night, because they have overactive bladders. And when they, they fracture a hip. When they fracture a hip, they may die, fact. So we should do what we can with this type of budget to make those conditions for people better, and I think we have the ability to do that; and if we shift our focus a little bit, we can do that, and we can sell it to the people, because someone listening to this is going to say, "I can get money to help me do that. " And Javier, I think -- what I think is important, when I talk about these neighborhoods that are traditional, where poor people have owned their homes, they're moving out of their homes to go into this low-income housing, this ELI (extremely low income) housing -- not necessarily public housing; to go into -- we have very -- we have less workforce housing, but what happens when they move is that someone else comes into that neighborhood, someone else fixes up the house, and a whole generation of people who owned property, who had wealth, who could pass it on from one generation to the next, who traditionally did not have when they came to this country wealth in the first place, will never have it again. Why? Because they will never be able to buy in their neighborhoods ever again. If you sell your home in the West Coconut Grove today, you sell your home in Little Haiti today, and you try to move back in 10 years from now, you won't be able to do it, because you won't be able to afford to move back into the neighborhood. But if the City of Miami helps those individuals who qualify to stay in their homes, fixing their roofs, making their homes in standard conditions, they'll always be there, unless they sell it, and that's their business if they do. But we want to guarantee that people have an opportunity to live in Miami. We don't -- I'm tired, personally, of hearing that Miami is truly the "Tale of Two Cities "; that poor people would not be able to -- no longer afford to live here. It shouldn't be that way. We can do something about it, and this is our opportunity to do it. Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. And talking about poor people, you know, according to HUD (Department of Housing and Urban Development), when we do our allocations every year for economic development, it's based on a formula, and part of that formula is the districts that has the largest, poorest area. District 5 is number one. Your district's number one; District 3, my district, is number two. So when I started looking at some of these allocations, you know, and we started talking about changes, I'm very interested in some of those changes, and I'll tell you why. I see Parks and Cultural Facilities, $58,200, 000; $58 million. Mr. Manager, I have a question: Out of those $58,200,000, how much is allocated to District 3? Mr. Alfonso: I don't know off the top of my head, but I'm sure you're going to tell me. Commissioner Carollo: I'm -- sure, I'm going to tell you. Zero. Nothing. Nothing. Zero. So there's different ways of taking that. You could take it strict politics: "District 3, Commissioner Carollo's probably not going to vote for it; therefore, let's give him nothing. Let's give his district nothing, " because I don't see how, out of $58 City of Miami Page 119 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 million for Parks and Cultural Facilities, there's not one in Little Havana. You know -- and I'm not going to go on and on, because I really can, because this -- it gets even worse. You know, the last time we discussed this, I mentioned how horrific this Administration has been for Little Havana, and how horrific the bond was for Little Havana. I got to recognize, I got to recognize that the Administration did do a lot of hard work, because it takes a lot of hard work to go from 275 million to 300 million, and make it worse for Little Havana. The good thing is, if it passes this Commission, it still needs to pass the voters. I can tell you, I'm going to be very active. And for any one of my successors, or potential successors, I'm going to be paying attention to see who's going to be in favor of this, because this is horrific for Little Havana. And I'm just giving one example. Out of $58 million -- $58,200, 000, zero, zero; nothing for any parks in Little Havana. You're talking about taking community input. A gentleman came in the last bond meeting, stood right there, and said the importance about Jose Marti Park. Deaf ears. So I'm going leave it at that. We could get into much more details, but that's unacceptable. Chair Hardemon: Commissioner Carollo, in -- when -- just from the way you put it, if we were to add, for instance, 80 million to housing, and if we were to add 20 million to Parks, and we do the CDBG (Community Development Block Grant) formula, you'll be able to say that you'll have more money that you can put now in those neighborhoods; and with the extra funding that hasn't necessarily been identified, you can find dollars to put in parks there. I think -- Listen, you're going from $20 million to $100 million, and you realize that you being -- having the second largest population of those who need the assistance of the CDBG-type dollars, that would be an awesome win for the neighborhood. Commissioner Carollo: Understood. I just don't know how that allocation will be in the future. I understand, there's $100 million with your proposal for affordable housing, workforce housing, but there's no guarantee how that's going to be allocated. Chair Hardemon: But don't -- Commissioner Carollo: Just like -- Chair Hardemon: The one thing, too, that you'll have is that the dollars -- And I'll come to you, Commissioner Suarez -- the one guarantee that you will have, though, is that a percentage of those dollars will go where the need is, and I think that that's huge, because then once the -- once you have the dollars that are there, you can then use those dollars in the areas where the greatest need is. Commissioner Carollo: When we're talking with Parks, you don't think there's a need for parks -- Chair Hardemon: Yeah, but that's -- Commissioner Carollo: -- in Little Havana? Chair Hardemon: -- an additional 20 million. Chair Hardemon: And out of 58 million, nothing, zero. We were better off -- we were actually better off at the last bond, I guess, hearing, or when we came before, where you actually put 3 or $4 million into Jose Marti Park. This time, it was just flat out nothing. Chair Hardemon: Right. City of Miami Page 120 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Carollo: So -- Chair Mardemon: Commissioner Suarez. Commissioner Suarez: Thank you. I have a lot of comments on this, but I'm going to try to stick to what we're talking about here kind of specifically. You know, the fact that we're debating this now, that we're arguing about this now, to me is symptomatic of the fact that this is fay; far from being finally debated, okay? I think - - you know, there's a couple things that have been said here. There was a lot of community involvement. You know, they developed this very extensive project. And I do have to say, this is much, much better than it was last year in -- not in all respects, Commissioner Carollo, not in all respects. But I will say, generally speaking -- Commissioner Carollo: We go into roadways -- Commissioner Suarez: Sure. Commissioner Carollo: -- it'll be the same story. Commissioner Suarez: But --first of all, as far as I know -- and maybe I have the information wrong; maybe you guys have it differently than I did -- there was only one community meeting done in District 4, which was at Coral Gate Park. It was a couple of months ago. Do you know when it was? One -- there was one community meeting done. I think there was one in each district. So there was one community meeting done. I could tell you, my district stretches all the way from 17th Avenue all the way to 72nd Avenue. It was May 9. So, you know, it's got many different neighborhoods, many different needs, et cetera. So the notion that there was a lot of community input -- I mean, I don't know how you define "a lot, " but one in a Commission district to me is not defined as "a lot, " okay, first of all. Second of all, the list that was developed -- I don't know when you got it -- when you guys got it; I got it July 6, which was 21 days ago? So this idea that this was done on -- sort of much, much better than it was last year, no; no, it wasn't done much, much better than it was last year. Yes, we got a list of $1.3 billion worth of projects, by the way, on July 6. We then got a revised list -- by the way, July 6, at 4:21 p. in. We then got a revised list on July 19, at 4:13 p.m., okay, and let me tell you why that's significant. Because that's 13 days later, and I don't know how this happened, and I don't -- and I'm just going to focus on my district. I'm not going to focus on all the districts, because I don't want to take up more time than needed. But just project number one on the list, on July 6, it's Drainage Basin -- Drainage in Basin, Auburn Storm Sewer, Phase 1 and 2. It was estimated on July 6 at 5.3 million; on July 19, at 3.5 million. I mean, they're all different, pretty much. Drainage in Basin C4 -S-17, which was identified in the Stormwater Master Plan of 2012; we haven't even started talking about that. Areas within Flagami neighborhood: On July 6, there was 4.2 million; on July 19, there was 2.04 million, so it's a half. By the way, this was not available to the public in the community meeting that they had two months prior in my district. By the way, and Flagami is not where Coral Gate is; it's a totally different part of the district. I mean, I'll give you another one. Drainage -- this was one -- a variance in the opposite direction: Drainage in Basin C4 -S-18, areas within Flagami neighborhood -- also in Flagami -- went from, in July 6, 1,054, 000 to -- in July 19, 13,216,000. The next category, which was CC7-S-21, which I don't know how you explain that to your residents, by the way; what is "CC-" -- "CC7-S-21 -- but that went from 18,519, 000 in July 6 to 5, 000, 802. And, you know, we obviously haven't even started talking about the fact that a lot of these estimates were based on an outdated Stormwater Master Plan that hasn't even taken into account sea level rise. You know, we used to -- our CIP (Capital Improvements Program) standard -- and our CIP director can attest to this -- our CIP standard was -- the capacity standard City of Miami Page 121 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 is a -- what they call a "five year rain event, " which means it's supposed to be a rain event that will overload the system once every five years. The Florida Department of Transportation has a inundation system of a 25 -year rain event. Well, I can tell you that in my district, at Peggy Gonzklez's house, we were having a five-year rain event five or six times a year, and we were pumping that water with a pump into 27th Avenue, which has a 25 -year rain event, and we were doing that five or six times a year, until we did a CIP project there. So, you know, I think the problem here is that everyone talks about these things as if, you know, we make the decision and then it just happens, and we all know that that's not the way it is. And although I think a significant amount of work has been done -- and I will admit, there has been a significant amount of work done and a significant amount of progress has been made -- you know, what l fear is that if we don't do it right, if we don't consult the public, if we don't have good estimates, if we don't have agreement amongst our self [sicl and we're debating it at the last minute on the back of a napkin, then "Miami Forever" will be "Miami For Never, " because what'll happen is the voters will reject it, and then I don't think any of our colleagues here or our future colleagues, for that matter, are going to have the political desire to bring this back to the voters. And so that's the main concern. I mean, I can get into a lot more detail, but I think that's sort of the overarching concern that I have. I think we've gone a lot -- made a lot of progress. We've got a lot more progress to make, and a lot more discussions to be had before this is ready, responsibly, to go before the public. Vice Chair Russell: Thank you, Commissioner Suarez. Mr. Mayor. Mayor Regalado: Just briefly, there is a national conversation now about flood insurance, and how we know that the food insurance fund cannot be replenished by Congress, so it is expected that flood insurance goes up in all neighborhoods, so this kind of project helps mitigate the increase of food insurance costs in the City of Miami; and for that matter, in most of the coastal cities in the United States. I just want to say that as part of the conversation, because this is part of what? The bottom line is when people have to write a check to the insurance and to the mortgage and to keep their home. So that's basically all that I wanted to say. Thank you. Vice Chair Russell: Thank you, Mr. Mayor. Commissioner Gort. Commissioner Gort: Let me ask a question. I have at least about six different, seven -- 10 items that deals with taking care of flooding, that takes place within certain areas within the City of Miami. Those funds are going to be coming out of the sea level rise? That'll be part of those 196 -- Mr. Alfonso: Anything related to flood mitigation or flood prevention or pump stations, yes, that's within the category of sea level rise and flood mitigation. Commissioner Gort: But I think it's important for people to understand that when you talked about the sea level rise -- and a lot of the people -- a lot of the complaints that I get is the flooded streets. Once we have a big rain, we get a lot of flooded streets, and people need to deal with that. So people need to know that's how the funds going to be used. But when you said 160 -- $191 million, sea level rise mitigation, in our -- some of our neighborhoods, they don't have the slightest idea what that is. Mr. Alfonso: Right. So it's in flood prevention. Yes, but I got you. I understand what you're saying. Commissioner Gort: So there's a lot of projects in here which it has to be -- that's quite a few million dollars into -- in that, so it's important to that -- to explain that. City of Miami Page 122 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Alfonso: It's basically food prevention. The vast majority of that is food prevention. And I also want to point, since the Mayor spoke about food insurance, my food insurance has tripled over the last four years, so -- my insurance costs. Vice Chair Russell: Mr. Rose, if we don't take advantage of this opportunity at this point, will it be here for us a year from now, two years from now? What is our bonding capacity going to be? Are we at the best that we've been, and it's going to go downhill as we lose our ability to utilize this millage? Christopher Rose (Director, Office of Management & Budget): The millage would go down over the years. You're not allowed to keep an artificially high millage rate in debt service. You're all familiar with the chart that went out in both the budget brief and the operating budget. As the Manager said, in 2023, we start significantly paying off some of the homeland defense bonds that are still out there. That's the capacity. But over time, as ROE (return on equity) growth increases, the need for millage would go down. Vice Chair Russell: Got it. So use it or lose it. Mr. Alfonso: In a sense, yes. And by the way, in the way we've been discussing this, notice that I said we have more capacity than the 300 million that we're asking for. To the extent that the Commission does not approve this, then we will have to recalculate the millage that we're proposing in the budget and bring the millage further down. Vice Chair Russell: Understood. Roadways and flooding repairs we needed to our City are not political decisions. It shouldn't matter what district a broken road is in. The City should be allocating funds to fix the roads that need fixing, and the worst ones should be first; the most traveled should be first; the worst flooding should be addressed first, and it shouldn't matter. Everyone has their reasons up here to say "yes" or "no. " Some can be logistic; some can be political. But what I don't think we should do is, in this particular case, throw the Administration under the bus in terms of the efforts that have been taken to do outreach to the public. There was only one meeting in District 2, as well, and it was very well advertised and very well attended. Maybe the residents of the Grove are just very engaged, but they came from Morningside and downtown and elsewhere, and they came with lots of ideas. But it isn't just the responsibility of the residents to come up with these ideas, or the Administration to fill up our district with ideas; it's our responsibility, as Commissioners. And I really would like to know that you did not deny the request of Commissioner Carollo for several million dollars in parks repairs and road repairs to his district. Commissioner Carollo: Of course, they did. It's there. Vice Chair Russell: They denied -- You made a request of a park improvement, and it was denied? Commissioner Carollo: Absolutely. As a matter of fact, the last time we discussed this, someone came here and requested that, so absolutely. As a matter of fact, we listened to our residents. These are all residents' requests that we provide the Administration. How many of these do you think we got? Vice Chair Russell: And then each Commissioner went through their list of resident requests, and the Administration was waiting for us, as Commissioners, to cull through that list and separate the ones that were priority. So I was behind, and they said, "We haven't gotten your list yet. " And so, I made sure and went through the City of Miami Page 123 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 resident requests, and went through the ones that we were looking at, the ones that groups had come and boards had recommended, and we whittled through that list. We had to cut a lot, but -- Mr. Manager. Mr. Alfonso: Yes, just real quick. Commissioner Carollo had given us a list of roads and whatnot, and some of those are in there. And he called on -- Commissioner Carollo: Where? Mr. Alfonso: In the mitigation section, not in Parks. The request for parks, the Commissioner called us on the day of the printfor the agenda, around 3 p.m., 1:30 p.m., or something like that, so at that point -- Vice Chair Russell: Which park was denied? Commissioner Carollo: No. I'm sorry. I'm sorry. No. Mr. Alfonso: The request for was Jose Marti Park. Is that what you --? Commissioner Carollo: No. Jose Marti Park is in there, Mr. Manager. As a matter of fact, I questioned why there was two amounts -- Mr. Alfonso: Additionally -- Commissioner Carollo: -- one for 16 million and one for 15 million, where I think it should only be one amount. Mr. Alfonso: -- another thing that we considered when allocating the final amounts was the fact that Jose Marti Park currently has a project -- was two point some -- $2.8 million currently unspent and allocated, and another million in the proposed budget that is the current budget, and there's several other million dollars yet of unspent previous year capital funds in the district. Commissioner Carollo: So 2 or $3 million versus $26 million that your Administration put together for Jose Marti Park? Commissioner Suarez: Let me just -- I just -- I -- what I don't understand is what's the rush? That's what I don't get. Because -- you know, from my perspective is, you know, the Administration came and said, for example, on the millage rate -- right? - - that -- I think you said that the millage rate would have to go down, the debit service millage rate would have to go down. And I'm not saying that I don't believe their projections; whatever the hit may be from one year to the next. What his -- what the short history has demonstrated is the exact opposite. I just want to be clear about that. In other words, what the short history has demonstrated is that by us not being premature last year, the number rose from 275 to 300 with a -- sort of a flat millage, if you will, or a flat, you know, no consequence, no additional tax consequence to the residents. So I find that a little bit -- not saying hard to believe, but it's a little strange to me. I just -- I personally don't understand what the hurry is. What I see is, I think this Commission -- let me just finish -- has acted extremely proactively and responsibly with respect to the issue of sea level rise, for example. Okay? We created a Blue Ribbon Task Force, stacked with incredible members. We have a phenomenal Resiliency [sic] Officer. Ms. Gilbert is phenomenal; tremendous amount of credibility, excellent. We have just gotten from the State a $2 million grant, so we don't have to pay out of our own funds for a Stormwater Master Plan that will be updated to provide sea level rise. We, amongst our self [sic], have not even agreed. We go in executive session 18,000 times when somebody's suing us, but we haven't had one sunshine meeting amongst each other to figure out how City of Miami Page 124 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 things should be allocated throughout the time. We had one community meeting per district. We have estimates that --yes, there are comprehensive estimates. I'm not saying it wasn't -- I'm not saying it's not better so far than it was last year, but we have estimates that we got and not vetted by the public, by the way, because if we're into transparency, these have not been vetted by the public in those community meetings; one on July 6; another one on July 19, okay? And they're significant variances that I can't figure out why those variances exist, and they don't even take into account sea level rise. So the issue that we have here, to me, is an issue of credibility. It's an issue of -- If we put something irresponsibly before the voters, they will vote it down. Ask everyone who put the court bond on the ballot. It will get voted down. It is a tax, any way you look at it. It's not an extension of a lease where you're bringing more money to the City. This is a tax. And the only way to responsibly advocate for that is for it to be done comprehensively, for everyone to be onboard, and -- at least to the maximum extent possible -- and then you go to the voters. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. And, listen, I agree with Commissioner Suarez, and he's looking at this from the holistic perspective. I already mentioned as far as the Finance Committee and other issues. However, at the same time, I cannot let this Administration outright deny, overlook, pretend, whatever, but be horrific time and time again, especially when I mentioned it in the last meeting how they were horrific to the middle of our City, Little Havana, which touches every single district. If you look at our map, District 3 is right in the middle and touches every district. And I just don't see how for Parks and Cultural Facilities, $58 million, we get zero; roadway improvement, $22,800, 000, we get zero. Those recommendations were made, you know, and I can show it; we have the backup. So when -- I could tell you this: When I'm full force out in the campaign trail, I want everybody to know the reason why; not to mention all the valid reasons that Commissioner Suarez and others have mentioned, but there is no way that you can just shun, snub a whole community, and think that you're going to get away with it; you're not. And I'm going to be very vocal on the campaign trail, because I am telling you, we are not going to be taxing `Miami Forever. " Chair Hardemon: And, you know, I would agree that you shouldn't snub a community, and that's why I certainly propose that the only way that I could find myself supporting something like this is if we have that sort of increase that I spoke of earlier, $100 million increase; 80 million of it is the increase for Affordable Housing and Economic Development, and then $20 million towards Parks and Cultural Facilities, with the formula that the CDBG uses in order so we can allocate those resources that they can hit our communities that need it most. And so, I think if we're able to do that, we can touch those neighborhoods in Little Havana; we can touch those neighborhoods in Allapattah; we can touch those neighborhoods in Historic Coconut Grove. We can do all of that, and also touch the neighborhoods that are within my district, and also -- So there's a lot of things that we can do if we do it that way. And if we can make that commitment to create that -- if we can come to that agreement, I can find myself voting in favor of this. Vice Chair Russell: Thank you. Mr. Chairman? Chair Hardemon: Vice Chairman. Commissioner Gort: Chairman, let me -- City of Miami Page 125 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Vice Chair Russell: Go ahead, Commissioner Gort. Chair Hardemon: Commissioner Gort. Commissioner Gort: Are we all looking at the same document? Commissioner Suarez: Yeah. Commissioner Carollo: Yes. Vice Chair Russell: Yes. Commissioner Gort: Because I can see where every neighborhood is being given quite a bit of it. I see in District 3 a lot of construction is and -- Commissioner Carollo: I think -- Commissioner Gort: -- the paperwork. Commissioner Carollo: -- you have the one that -- what we've asked for, what the community asked for. I think you need to look at the one that -- what we're getting. So, yes, we had a lot of community meetings, we had a lot of discussions, we had a lot of feedbacks, we heard the Commissioners, but what actually was placed there? Chair Hardemon: But I don't -- but what's there is not what we're necessarily getting. What we have to talk about today are the broad categories of how the money is going to be allocated. So for instance, for sea level rise mitigation and flood prevention, tomorrow the technology could change, and we can have an opportunity to say what we want to use there. For -- the same thing for Parks and Cultural Facilities, Roadway Improvements. There's nothing that's been etched in stone to say what needs to be spent on, except for this, that needs to be spent in these categories. And the only way that I could see this thing passing is if we do it that makes more sense for the common person in the City of Miami; and I think if we do that, you'll have general support of a lot of people and this thing could pass. Commissioner Carollo: Mr. Chairman, and that's where I don't know and need clarity, because I disagree with you, and I'll tell you why. Because we had a list of what exactly we're going to be spending the 300, 000 -- the 300 million on. And I could tell you, let's -- you know, I've mentioned parks. I could go into drainage; I could get into roadway, but let's go parks. Legion Park enhancements, $1 million, and it says here: `Renovation and necessary replacements to the park amenities and facilities. " Chair Hardemon: Right. Commissioner Carollo: `1ldaintain historic structure and address aging site fixtures, walkways, lighting and playground. " Chair Hardemon: Right. Commissioner Carollo: And Armbrister Park enhancement, $3 million. Chair Hardemon: That's true, and I believe -- and I'll let the City Manager answer this for himself -- but as I understand it to be that those are the capital improvement needs that are in the City as of today, and so that's why it was recommended to us that these are things that we can pay for with this bond, but the City Manager could speakfor himself. City of Miami Page 126 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Alfonso: Right. So Commissioners, I'll say it again. That document was not made part of the item, because we are asking for you to look at the broader categories. The Vice Chair asked, "Can we include it in so that people can see the types of projects that you used to arrive at these numbers? " We can do that. These numbers are not final. These numbers will change. This is not going to be issued November 2 or 3 or December 31. The fact is that if you authorize a block of funds to be used in the General Obligation Bond, it will be issued in tranches in years to come, and it won't be next year, all of it; it won't be -- it will take a series of years. It could be six, seven, eight years by the time we issue the final tranche, and the projects that will get authorized with each bond issuance will then be specifically issued in that bond. Commissioner Carollo: Mr. Chairman. Chair Hardemon: I think the Vice Chairman -- did you have something first? Vice Chair Russell: I did. Go ahead. Commissioner Carollo: I just don't understand. So why was this provided? Why is this backup to the 300 million provided? It says, this is our proposal. This is our recommendation on how we should spend these monies. So in other words, $191 million in sea level rise -- I guess they didn't put sea level rise category -- but drainage and so forth, it should add up to 191. I could tell you, Little Havana, again, I guess they don't have sea level rise issues, because we didn't get much funding. Yeah, a pump here and there, but when you look at its totality, you know, I guess we have the very least amount of sea level rise, so. And you're seeing that I'm going category by category with the same issue. With that said, so is this where the money is going or not? If this is not where the money is going, why was this provided? Vice Chair Russell: IfI may? Chair Hardemon: Please, and then Commissioner Suarez. Vice Chair Russell: This wasn't intended to be attached to the legislation, because there was meant to be some flexibility within the tranches, within the categories. I had asked for it to be entered into the record as a backup item to give us an idea of what the Administration currently has planned, but I did state on the record there will be flexibility, especially with regard to sea level rise when that master -- Stormwater Master Plan comes. And at that point, it won't be about whose district gets a pump; it's going to be about where the City needs it, based on an independent Stormwater Master Plan, and that's where the funds will be redirected to. We can remove that from the record if you guys want, because for me, it just added another level of transparency to see -- to let the residents see what we're voting on in its intention right now. Commissioner Suarez: Yeah. Mr. Chairman, I'll refer back to an item we had earlier today, Mr. Vice Chair, that you were very passionate about, and you were right to be passionate about. It's an item you cared a lot about. You know, had you stuck to your ideological guns on that issue and not made any amendments, it might have failed 3-2. So while you would have made your ideological point, the objective that you were trying to accomplish would not have occurred. The concern that I have is this doesn't operate in a vacuum. This is not like us here having a big debate, and then all of a sudden, everything is all good. That's not the way it works. The way it works is you've got to be tight. Things have to be done properly. Debates City of Miami Page 127 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 have to be had in anticipation. The public has to be involved before you send it so they feel like they are co participants in the process. None of that has happened. Vice Chair Russell: That's not true. Commissioner Suarez: It is true. Vice Chair Russell: It's been a year. Commissioner Suarez: We had one -- I had one meeting in my district, one. And by the way, none of this was available. Vice Chair Russell: But whose fault is that? I'm talking with my residents all the time about this. Commissioner Suarez: I got this -- Vice Chair Russell: I'm pushing this. Every time I get a chance to speak, I ask them, what do you want? Commissioner Suarez: -- July 6. That was two months after the meeting occurred. That was 21 days ago. This one, which was -- the latest one was July 19. That was seven days ago, seven days ago, seven days ago. We're supposed to rush and have some -- I'm supposed to rush and have seven community meetings all over the district to try to educate people on this and debate them? What if they want changes? And what if they think it's too much or too little? I mean, what is the rush? That's the part I don't get. We are debating it here vigorously, and imagine what kind of debate will be evoked by the public if we here can't even agree on some of the specifics. We haven't even had one sunshine meeting about it. Vice Chair Russell: There is a time constraint, though, because as difficult as it is to maintain the millage, if we lose the millage -- Commissioner Suarez: What do you mean, "lose the millage"? Vice Chair Russell: -- how hard will it -- Commissioner Suarez: We're not losing the millage. What does that mean? Vice Chair Russell: -- be to vote to move it back up? We won't do that. Commissioner Suarez: But what do you mean by "lose the millage"? Last year -- this year the capacity to keep the quote/unquote "cost" flat was $275 million. This year, the capacity to keep it fat is 300. It's $225 million more. So what do you think's going to happen? You think it's going to go down by another 25 million? They're back to the starting point, 275. Vice Chair Russell: If we don't go out for the bonds -- we must reduce our millage to match what we're going out for. If we're not using the capacity, you have to cut up that card. And then we have to go out for it again fresh when we do decide we've got all our ducks in a row, and we're all in agreement, and (UNINTELLIGIBLE). Commissioner Suarez: Well, we didn't do it last year and we didn't cut the millage last year, and we got an increased capacity. So that argument doesn't really make sense is the point I m trying to make. Vice Chair Russell: Mr. Rose, can you speak to this, please? City of Miami Page 128 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Suarez: That -- and then how much is it going to be? I think it's a scare tactic. Mr. Rose: As the ROE grows in future years, the need -- the rate would go down to match that ROE growth. The debt service -- the amount paid is what I held up earlier, and I'm going to have to go through my many pages to find it again, but this -- the top of the page here is the dollars that are needed to make the debt service payments over time. As the ROE grow -- goes up, as the ROE grows over each year, as it did this past year from last year -- Commissioner Suarez: Right, right. Mr. Rose: -- the rate necessary to meet that can go down and does go down. Commissioner Gort: It's got to go down. Commissioner Carollo: So what you're saying is that residents will have to pay less taxes? Mr. Rose: They will pay -- Mr. Alfonso: Yes. Mr. Rose: -- a lower rate. Commissioner Gort: Yes. Commissioner Carollo: They will pay -- so in essence, they will pay less taxes? Commissioner Suarez: Right. Commissioner Carollo: Right? Commissioner Suarez: Right. Chair Hardemon: They could pay less taxes. Commissioner Gort: Yes. Look -- Chair Hardemon: But if you want to -- basically, the point is that -- Commissioner Carollo: Right. Chair Hardemon: -- if you want to have a bond issuance at the point that they're paying the lower rate, which is less taxes, there's going to be an increase. There's going to be -- they will notice that signifz -- they'll notice the decline, but then they'll notice the increase, because you want to issue bonds to meet these responsibilities (UNINTELLIGIBLE). Commissioner Carollo: Understood. Commissioner Suarez: (UNINTELLIGIBLE) make sense. Commissioner Carollo: But right now, if this is not approved, they will pay less taxes. If this is approved, and then the voters approve it, they continue paying taxes, and that's why I said originally, this is taxing Miami forever. City of Miami Page 129 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: But you won't have -- you won't be addressing the sea level rise, you won't be addressing the parks and cultural -- Commissioner Carollo: Now, we can in the future. Chair Hardemon: -- you won't be addressing the roadway. But -- and that's the thing about it. Now the vote is going to be much different. Commissioner Suarez: Well, let me -- Chair Hardemon: The political will to do this will be much different than (UNINTELLIGIBLE). Commissioner Suarez: Why? Says who? Commissioner Carollo: You're just going to have to be a lot more thorough, have all your ducks in a row -- Commissioner Suarez: Exactly. Commissioner Carollo: -- and make sure that, you know -- Commissioner Suarez: Which is the way to do something like this, a $300 million bond offer. Chair Hardemon: Listen, I understand that. What I'm saying is this -- Commissioner Gort: Look -- Chair Hardemon: -- this thing can -- I think I put on the record where I am with my amendments to make this thing move, and if you -- I was on the losing side of the -- of it last time that we had a vote -- right? -- and I'll tell you, if we don't make these amendments, then I'm not voting for it either, and so then this thing will not pass. But I think, if we make these amendments, we can do a lot of good for the people of Miami and for the Commissioners who are voting against it. So, you know, I think that it's -- that could be the best way to go about doing it, and I'm prepared to make a motion to do it. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. Vice Chair Russell: Would you -- so that we don't raise it past a level of 400, 000, which -- 400 million, which is still within our capacity, would you accept an 80 million -- instead of increasing up to 100 million for the affordable housing -- up to 80 million increase, which would be a 60 increase over what currently is there? 20 million could go toward the parks and that would bring us to an even 400. Chair Hardemon: I thought that the 80 plus 20 is 400. That's what -- I described -- Commissioner Suarez: You want to increase -- Vice Chair Russell: Yes. Chair Hardemon: I described -- City of Miami Page 130 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Suarez: -- the bond amount to 400? Vice Chair Russell: We have the capacity to do it. Chair Hardemon: -- an additional 80 for Affordable Housing and Economic Development; that makes it 100, 000 for that category, and an additional 20 million for Parks. That's only -- that keeps -- that caps it at 400. So I think that's what you meant to say. Vice Chair Russell: Yes. Chair Hardemon: I would accept that, yes. That's the motion. So it will be Affordable Housing and Economic Development; that will be the name of the category, and it would be -- so an additional 80,000 -- $80 million for that category; in addition, 20 million for the Parks and Cultural Facilities, and then the -- but the Affordable Housing and Economic Development would be divided amongst -- the way that -- the formula that they use for the CDBG. Vice Chair Russell: And I would like the flexibility of this to start looking at District 3's parks. If Jose Marti Park needs improvements, and the 3 or 4 million that's allocated is not enough, it should be included in here, absolutely. The mover accepts the amendment. Chair Hardemon: And I'll be the seconder as the Chair. Commissioner Gort. Commissioner Gort: Mr. Chairman, I apologize, but the -- we, our self [sicj, cannot agree in here, and we trying to negotiate in here and make changes. I don't be -- I won't be for it. Chair Hardemon: Commissioner Gort-- Vice Chair Russell: We need to do this today. Chair Hardemon: IfI may? Commissioner Gort -- Commissioner Suarez: That's my point, guys. Chair Hardemon: -- before you walk away. Commissioner Suarez: That's my point. Commissioner Carollo: Yep. Commissioner Suarez: Come on. Let's be smart about this. This is -- Commissioner Carollo: And even -- Chair Hardemon: We're kind -- let me make a point. Commissioner Carollo: Uh-huh. Chair Hardemon: The -- there is a motion; there is a second, so now we're in our discussion point. We have not -- even if -- there is no way that we're going to sit here and approve each item that is going to be a part of the bond issuance over the next 50 years. That's not what this is. That's not how we issue our bonds. That's not how this thing is being considered. And I think it's disingenuous to say that, "Oh, these are exactly what we're going to do, " when we know -- when it's been put forth City of Miami Page 131 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 that this is not how it's going to go. As a matter of fact, when you talk about the Stormwater Master Plan, this is putting the money aside for the Stormwater Master Plan, for sea level rise, and things of that nature. So I think, if we're going to do this, then let's just have the courage to go about and do it. Let's have the courage to get the money for affordable housing and economic development, get the money for sea level rise mitigation and flood prevention, and say that we have it. Now, when it comes to issuing those tranches, issuing the debt when it comes time to do it, then we discuss those as we move along, because that's our responsibility. We issue the debt, not the -- it's going to be our responsibility to issue and what to issue it for so we should move forward and go towards what our next step should be. And I wish Commissioner Gort was in here so we (UNINTELLIGIBLE). Vice Chair Russell: Commissioner Gort is speaking to the TV (television) and hopefully not saying that the bond is over. I believe he was there. Commissioner Suarez: He's already working a campaign against it. Vice Chair Russell: And with the amendment, he's gone. So Commissioner Hardemon, we need to see what flexibility is there -- there is within us. It's not a sunshine meeting, but -- Chair Hardemon: We're not going to agree. Not only are we not going to agree, but some of you won't be sitting here. Commissioner Suarez: Absolutely. Chair Hardemon: Right. So my point is, is that we have to do what's best for this community. We have to do what's best for this City. Commissioner Suarez: But Chair -- Chair Hardemon: And it shouldn't be -- like I say, when I proposed the amendment for -- to assist with the District 4, district --for District 3, that's not because I live or have residents in District 3; it's because I think it's the right thing to do to assist a neighborhood like his. Commissioner Suarez: But gentlemen, thatpresupposes -- Commissioner Carollo: Can we just call the question? Chair Hardemon: No. We're not -- Vice Chair Russell: We're lacking our -- we're lacking -- here we are. Commissioner Gort, I don't believe we're done discussing it, and I would like to discuss some more. Commissioner Carollo: Okay. Vice Chair Russell: You all are very well decided on your vote, and that's fine. We have three people here who were looking at projects that they were ready to fund. One Commissioner wanted to add more; very noble causes to this. That caused another Commissioner to no longer support, so I believe there's a fair discussion -- Chair Hardemon: It was the disagreement on the projects in the sense that he's saying if we don't agree here -- Commissioner Suarez: This is crazy. City of Miami Page 132 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: -- I don't think we're ever going to agree. Commissioner Suarez: This is crazy. Chair Hardemon: I don't think we're going to agree until it comes time to funding those projects that make sense. Commissioner Carollo: No. Chair Hardemon: When it comes time to making our community sustainable, when it comes time to providing more money for affordable housing, when it comes time to improve upon our City parks, when it comes time to improving public safety, that's when we all make an agreement. And somehow, we can all agree to approve a budget, but we can't agree to approve the same thing, which is a bond issuance? This is -- Commissioner Suarez: Totally different, guys. Vice Chair Russell: It is not totally different. It is similarly situated. It is looking at our issues on a long-term basis and saying, "This is what we need to do. " This will live on past us, and it will do the right thing for the community, and we should look past whatever political position we're in to be able to address this. And so, Commissioner Gort, what -- part of what I was saying, Commissioner Gort, is that the time to decide the individual projects is not today. Today is all about creating the funds to tackle our most pressing issues for the City of Miami. And the one thing that I've learned from watching you in this position is that you think long term. You think about what it takes to get these things tackled. You think about our problems and their complexities. And so, I know and you know that these are the issues that we face; these are the things that people are talking about in our neighborhoods. This is why they come to see us every single day. When people come here and they cry their eyes out because they're getting kicked out of their homes, we have public attorneys that are here every single day, volunteering their times to defend the people that are here. We have people being removed from asbestos and mold -ridden apartments. We have people who are in the Upper Eastside, who are in some of these neighborhoods where they are knee-deep in food water. This is an opportunity for us to do; and I think, if we don't do it now, it's going to be significantly more difficult to do it in the future. Commissioner Gort: My experience is, in selling it to the voters, if we all don't five agree on this, we're not going to pass it, because you're going to have two Commissioners and three Commissioners going and speaking against the bond issue, and that's not going to be very helpful, at all. If you have all five Commissioners agreeing to -- (UNINTELLIGIBLE) Vice Chair Russell: Unanimous? Commissioner Gort: If you don't have that, it's going to be difficult to pass it to the public. Chair Hardemon: I don't think you'll ever have it unanimous. Vice Chair Russell: But it's up to the voters. We're not giving the voters a chance to give them the credit of intelligence to look at this and say whether it's a had idea. If it's a bad idea, they'll vote "no. " Chair Hardemon: Right City of Miami Page 133 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Vice Chair Russell: If it's a good idea, they'll pass it, but for us to keep it away from them -- Commissioner Suarez: But -- Vice Chair Russell: For us to be -- just please. Today alone, we took slum and blight money to make a playground in a rich part of town. We're calling fixing a sidewalk 'park capacity increase. " We're being as creative as we can to create the funds to do what we need to do. There are funds available for this exact purpose; to do big, city -changing, life -changing, shoring up of our resilience. That is what a bond is for. That's what our job is to do, and we can 't get it together to at least put it to the voters and let them decide. We're holding that opportunity away from them. We'll never be unanimous, and we know that we'll never be unanimous. Chair Hardemon: Voters will never be unanimous. Vice Chair Russell: They won't. They won't. But this isn't for us, and this isn't for the next Commissioner that comes after us. This is for our children. This is for the next generation of Miami. Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: Thank you. I don't disagree with a word that you said, not one word. I would just add to what you said: That if it fails, and if it fails because we lack diligence, we lack preparation, we lack consulting with the very public that we are now asking to vote for it, then the very children that you're talking about, my son included, are not going to be able to deal with these issues, because that's the way the political process works. No one's going to bring it back, okay? It's not going to come back. Okay? You want to know how I know that? Because the Mayor tried to put the MPA (Miami Parking Authority) on the ballot, okay? It failed 60 -- by 65 percent to make it a City department. And where is it? Has it come back in eight years? It hasn't come back, and it's not coming back, because the voters have spoken at that point. Okay? And what I m saying is, yes, you're right, give the voters a chance. These are great priorities. Nobody dis -- In fact, Commissioner Gort is right about something. We all agree on all these things. Five -nothing, we all agree that resiliency is important. Five -nothing, we agree that sea level rise is important. Okay? Five -nothing, we agree that flooding capacity issues are important and parks are important and affordable housing are important. All five of us agree on that. What we don't agree on is doing it this way, in a hurried fashion, simply for some unknown reason. Okay? That -- and then pulling numbers out of the air, we're going to increase the bond thing by another $100 million dollars and -- No, that's not the way it's done. Chair Hardemon: That's not -- Commissioner Suarez: That is -- Mr. Chair, let me finish. That's not the way it's done, okay? We have sunshine meetings. We have the capability of having sunshine meetings. You can have community meetings. You can really, really get into it. It hasn't been done. We took one step, which is to -- we took one step last year, which is to say, "Hey, here's a concept of a bond. " This year, we said, "Hey, here are a variety of projects. " It's not a rush, and it's not a hurry. I mean, it may be to you, but it's not to me, because the risk of failure is just as great as the risk of success, or worse, and then we -- you have to account for it, as do I, and that's the part that worries me. City of Miami Page 134 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: So Commissioner Suarez -- Commissioner Suarez: Yes. Chair Hardemon: -- the first thing I want to say is this: When this thing came -- when the GOB came up before, it was about -- it was rushed. We slowed down the process. I think the biggest -- the -- one of the biggest supporters of the idea that there needs to be a slowing down of the process is the Vice Chairman. He's one of the biggest advocates for transparency, and that's what he advocated for. And so, to hear the Vice Chairman say, "Listen, we were transparent. We did things that way, "; to now call it "rushing" I think is interesting. Moreover, this is probably -- this bond issuance, the way that it's written, is one that the City of Miami has never seen before. You're talking almost $200 million in sea level rise mitigation. You're talking $100 million in --for affordable housing and economic development. I can't think of a time -- Mr. Mayor, maybe you can -- that the City of Miami has ever issued a bond for affordable housing and economic development --for affordable housing like this. Mayor Regalado: Never. Chair Hardemon: So this is something that, you know, we're taking a step out -- Commissioner Suarez: It may be "never" if we do it like this. Chair Hardemon: --and giving people the opportunity -- Commissioner Suarez: And it maybe "never" if we do it like this. Chair Hardemon: --to give their opinion on it. I'll tell you, when I think about this, I don't -- when I think about the community making a decision about where they want to spend their dollars, this is how you give it to them. When I look at the courthouse -- there was a mention of the courthouse bond issuance. Well, I can't think of many people in my district who will say, "Oh, yeah, yeah, let's take our money and improve the courthouse, because I love going there. " Right? The people who supported that were people like me; lawyers, and other people who are educated, who understand the need for all this and all that, but they work there. But for the most part, the people in the neighborhood, they don't -- they -- they're not going to support a bond issuance like that. But I think this is something where, if you give them an opportunity to vote for it, they will. And I would go further and say that it doesn't change -- it's not as if we lose. It's not as if we say, if this goes out and they vote it down that the City of Miami has lost some great investment of money by putting this on the ballot, because we already have things to vote on that are on the ballot. Commissioner Carollo: Can we call the question? Vice Chair Russell: Commissioner Gort. Chair Hardemon: We can't call the question. We're trying to -- Vice Chair Russell: He can if there's a second. If there's a second to call the question when we're trying to discuss, it's a little bit rude, but it can be done. That is the rules of the house. Todd B. Hannon (City Clerk): The custom essentially is, you can continue to discuss until each individual Commissioner is satisfied. That's what we have abided by in City of Miami Page 135 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 the past. So if you want to continue discussion, you can do so. If you would like to call the question, you can do so, as well. Vice Chair Russell: Commissioner Gort, if I may colloquy? I feel that you were positive on this until the additions that added the other amount were such a curve ball that you became a "no. " But I -- I'm assuming or don't believe that you felt that we were ever going to be unanimous on this issue. Is there a compromise within the amounts that we were talking about that you would feel comfortable with? Commissioner Gort: I think people -- I believe people need to understand how we're going to use the funds. Like right now, look at the numbers in here; most of the projects within my district is all for sea level, but the people that are going to vote on this does not understand it. Vice Chair Russell: Drainage, flooding. Commissioner Gort: They'll see $196 million for sea level -- Commissioner Carollo: Um-hmm. Commissioner Gort: -- but there's no specific how are they going to benefit. So what I'm trying to do is try to get the bond issued with the right things. How are we going to do it? For example, I understand the need for housing, and I understand the need for people to help people buy their home and fix their home, but also, you can leverage those funds. There's a way that we can leverage those funds. Maybe 25, $30 million you can use as a leverage and create $150 million if we do it correctly, but the plan has to be put together. Chair Hardemon: That's never going to happen, Commissioner Gort. Vice Chair Russell: We'll never get the plan before we pull the trigger. The enemy of the perfect -- the enemy of the good is the perfect. We'll never get to where everybody is satisfied that we're ready to move, but we've got to move. I have faith in this Administration. I have faith in Jane. I have faith in the Sea Level Rise Committee. But if I were a member of the Sea Level Rise Committee and we fail this, I would quit. Commissioner Gort: Look, you want to give it to the voters, I'll vote for it; let the voters do it. Chair Hardemon: There it is. Commissioner Gort: If that's what you guys want to do it, do it. Commissioner Suarez: I think it's terrible. That's not the way to do it. Chair Hardemon: Any further discussion? All in favor of the motion on the floor say "aye. " Vice Chair Russell: `Aye. " Chair Hardemon: All against? Commissioner Carollo: "No. " Commissioner Suarez: "No. " City of Miami Page 136 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: Motion passes. Mr. Hannon: And for the record, motion passes 3-2, as amended, with Commissioner Suarez and Commissioner Carollo voting "no. " And for the record, page 3 of the resolution needs to be amended to include resolution number R-17- 0350. Chair Hardemon: Boards and Committees. I'm sorry. Are we finished --? RE. 16, are you ready on that? RE] 6? Mayor Regalado: Just want to say that my commitment is to go out in the fall election and try to make the people of Miami understand the importance of this bond issue. And by the way, this is not a victory for the Administration, for the record, for the media. This is a victory for the next generation of Miamians. Commissioner Suarez: If it passes. Chair Hardemon: RE. 16. Commissioner Gort: Before we go to RE.16 -- Victoria Mendez (City Attorney): Yes, can we --? One -- pass it -- Commissioner Gort: Mr. Mayor -- Ms. Mendez: -- one more -- Chair Hardemon: We'll take a five-minute break. Ms. Mendez: Five-minute break. Chair Hardemon: Okay, we'll pass it. Ms. Mendez: Yeah, thanks. Commissioner Gort: Mr. Mayor and Administration, I think you have to put a lot of projects together to really educate the community and what the voter learn, and how they're going to get the benefits. I think it's very important for them to understand, because I know people -- a lot of people don't understand about this sea level rise and all that, but -- Commissioner Suarez: I don't know. I don't know what they did. Commissioner Gort: -- if we don't do anything immediately, the values of our properties are going to be continuing to go down, because of all the news media that we get and the negative news media, and Miami's zero -1. So they need to know that something is being done. But I think you need to specific -- explain to people how they're going to benefit. The plan about the home ownership, I think is very important to support, but how are they going to benefit in each of the neighborhoods? Mr. Alfonso: Will do, Mr. Commissioner. City of Miami Page 137 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 REA RESOLUTION 2575 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), DIRECTING THE CITY ATTORNEY TO Estate and Asset PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF Management MIAMI, FLORIDA ("CHARTER") FOR CONSIDERATION AT THE AYES: REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 7, 2017, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER ENTITLED "CITY -OWNED PROPERTY SALE OF LEASE -GENERALLY," TO AUTHORIZE THE CITY COMMISSION BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT TO ENTER INTO A DEVELOPMENT AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY') AND ESJ JI LEASEHOLD, LLC ("ESJ") AMENDING CERTAIN TERMS OF THE EXISTING LEASE AND DEVELOPMENT AGREEMENT BETWEEN THE CITY AND ESJ INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING MATERIAL TERMS: EXECUTION OF THE AGREEMENT FOR ADDITIONAL IMPROVEMENTS ON THE 19.35 ACRES OF CITY OWNED WATERFRONT PROPERTY WITH ESJ TO MODIFY THE CURRENT REMAINING LEASE TERM ("TERM") OF FORTY THREE (43) YEARS AND EXTEND THE TERM FROM 2060 TO 2099; PROVIDE ONE PERCENT (1%) RENT FROM ANNUAL GROSS REVENUE FROM A $50,000,000.00 HOTEL, WITH A ONE HUNDRED THIRTY (130) FOOT MAXIMUM HEIGHT, SUBJECT TO CITY DESIGN APPROVAL AND SUCCESSFUL ZONING CHANGES, AND AN EIGHTEEN (18) MONTH RENT ABATEMENT; PROVIDE PARKING, RETAIL/RESTAURANT AND MEETING ROOM SPACE; PROVIDE AN ICHIMURA-MIAMI JAPANESE GARDENS SEVEN HUNDRED THOUSAND DOLLAR PAYMENT ($700,000.00); PROVIDE A $500,000.00 GREEN ENERGY EDUCATIONAL FACILITY; ESTABLISH A RESERVE ACCOUNT FOR CAPITAL REPAIRS OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) PER YEAR; IMPLEMENT A THREE PERCENT (3%) TRANSFER FEE OF GROSS SALES; AND FURTHER IMPLEMENT AN APPROXIMATE ONE PERCENT (1%) REFINANCING FEE; WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item RE.4, please see "Order of the Day" and "Public Comment Period for Regular Item(s). " City of Miami Page 138 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 RE.5 RESOLUTION 2584 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), APPROVING, SETTING FORTH, AND Estate and Asset SUBMITTING TO THE ELECTORATE A PROPOSED Management CHARTER AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), AMENDING SECTION 29-B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY", TO AUTHORIZE THE CITY COMMISSION BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE TO WAIVE COMPETITIVE BIDDING AND EXECUTE AN AGREEMENT TO ENTER INTO A DEVELOPMENT AGREEMENT ("AGREEMENT") FOR 19.35 ACRES OF CITY OF MIAMI ("CITY') OWNED WATERFRONT PROPERTY WITH ESJ JI LEASEHOLD, LLC ("ESJ") MODIFYING THE CURRENT REMAINING LEASE TERM ("TERM") OF FORTY THREE (43) YEARS AND EXTENDING THE TERM FROM 2060 TO 2099, PROVIDING RENT PAYMENTS OF ONE PERCENT (1 %) OF ANNUAL GROSS REVENUE FROM A NEW PRIVATELY FUNDED HOTEL DEVELOPMENT WITH A MINIMUM COST OF FIFTY MILLION DOLLARS ($50,000,000.00), WITH A MAXIMUM HEIGHT OF ONE HUNDRED THIRTY (130) FEET AND A DESIGN SUBJECT TO CITY APPROVAL AND SUCCESSFUL ZONING CHANGES, WITH SAID ONE PERCENT (1%) RENT IN ADDITION TO THE CURRENTLY RECEIVED GREATER OF ANNUAL RENT OF FIVE HUNDRED TWO THOUSAND ONE HUNDRED SIXTY EIGHT DOLLARS ($502,168.00) AND PERCENTAGE RENT FROM JUNGLE ISLAND REVENUE, WITH SAID ONE PERCENT (1 %) RENT ABATED FOR THE FIRST EIGHTEEN (18) MONTHS TO ALLOW FOR STABILIZATION; PROVIDING PARKING SPACES SUFFICIENT TO MEET ZONING REQUIREMENTS, FURTHER PROVIDING ANCILLARY IMPROVEMENTS CONSISTING OF RETAIL AND/OR RESTAURANT SPACE OF UP TO TEN THOUSAND (10,000) SQUARE FEET AND MEETING ROOM SPACE OF UP TO THIRTY THOUSAND (30,000) SQUARE FEET; WITH AN AGGREGATE PAYMENT OF SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00) TOWARDS THE ICHIMURA-MIAMI JAPANESE GARDENS ("JAPANESE GARDENS') FOR CONSTRUCTION OF A WALKWAY TO JUNGLE ISLAND, NECESSARY REPAIRS, AND MAINTENANCE OF THE JAPANESE GARDENS; DEVELOPMENT OF A GREEN ENERGY EDUCATIONAL FACILITY FOCUSING ON WIND AND SOLAR ENERGY AT A MINIMUM COST OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00); ESTABLISHING A RESERVE ACCOUNT FOR CAPITAL REPAIRS OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) PER YEAR; IMPLEMENTING A TRANSFER FEE OF THREE PERCENT (3%) OF GROSS City of Miami Page 139 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 SALES, LESS THE OUTSTANDING PRINCIPAL BALANCE OF ALL DEBT OWED BY ESJ TO AN UNAFFILIATED THIRD PARTY AND TRANSACTION COSTS, IF THE PROPERTY IS TRANSFERRED OR ASSIGNED; FURTHER IMPLEMENTING A REFINANCING FEE OF ONE PERCENT (1%) OF THE REFINANCING LOAN PROCEEDS, LESS ALL THIRD PARTY COSTS, EXPENSES, AND AMOUNTS REQUIRED TO FULLY REPAY THE DEBT BEING REFINANCED AND ALL REFINANCING PROCEEDS NOT DISBURSED TO ESJ INVESTORS, SHOULD THE PROPERTY BE REFINANCED AFTER THE INITIAL REFINANCING; WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS; CALLING FOR A REFERENDUM SPECIAL ELECTION AND PROVIDING THAT THIS CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 7,2017; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item RE. 5, please see "Order of the Day" and "Public Comment Period for Regular Item(s). " City of Miami Page 140 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 RE.6 RESOLUTION 2585 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), APPROVING, SETTING FORTH AND Estate and Asset SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER Management AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"); AMENDING SECTION 29-B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY", TO AUTHORIZE THE CITY COMMISSION ("COMMISSION") BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND TO EXECUTE A FIFTH AMENDMENT ("FIFTH AMENDMENT") TO THE LEASE AGREEMENT ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND ALIGNED BAYSHORE MARINA, LLC, ALSO KNOWN AS MONTY'S ("BAYSHORE MARINA"), FOR CITY -OWNED WATERFRONT PROPERTY LOCATED AT 2550 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA ("PROPERTY") TO EXTEND THE CURRENT LEASE TERM BY AN ADDITIONAL TERM OF APPROXIMATELY THIRTY-TWO (32) YEARS, WITH TWO (2) ADDITIONAL TEN (10) YEAR OPTIONS TO RENEW, FOR A POSSIBLE TOTAL TERM OF FIFTY TWO (52) YEARS; AN ADDITIONAL MINIMUM RENT PAYMENT OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) PER LEASE YEAR (A MINIMUM OF TEN MILLION DOLLARS [$10,000,000.00] OVER THE BASE TERM OF THE AMENDED LEASE EXCLUDING RENEWAL OPTIONS), OR ONE AND THREE QUARTERS PERCENT (1.75%) OF GROSS RENT RECEIPTS DERIVED FROM THE PROPERTY, WHICHEVER IS GREATER, AS ADDITIONAL RENT DUE TO THE CITY INCLUSIVE OF SIGNIFICANT CAPITAL IMPROVEMENTS TO THE PROPERTY OF A MINIMUM OF SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($7,500,000.00) TO BE SPENT WITHIN THREE (3) YEARS OF APPROVAL OF THE FIFTH AMENDMENT BY THE ELECTORATE; THE CREATION OF A CAPITAL ACCOUNT REQUIRING A MINIMUM ADDITIONAL INVESTMENT TO THE PROPERTY OF FOUR MILLION DOLLARS ($4,000,000.00) OVER THE FULL AMENDED LEASE TERM, INCLUDING RENEWAL OPTIONS; IMPLEMENTATION OF A TRANSFER FEE IF THE PROPERTY IS TRANSFERRED OR ASSIGNED; A REFINANCING FEE, SHOULD THE PROPERTY BE REFINANCED AFTER THE INITIAL REFINANCING; AND PURSUANT TO THE CHARTER SECTION 29-B ENTITLED "CITY OWNED PROPERTY SALE OR LEASE - GENERALLY," AND SUBPART A, SECTION 3(F)(III), ENTITLED "POWERS," TWO (2) INDEPENDENT APPRAISALS OBTAINED BY THE CITY AFFIRMING FAIR MARKET VALUE OF THE FIFTH AMENDMENT; FURTHER PROVIDING FOR CONSENT TO THE RELATED SUBMERGED LANDS LEASE AND WAIVER OF DEED RESTRICTIONS REQUIRED FROM THE STATE OF FLORIDA; WITH OTHER RESTRICTIONS, REVERSIONS, AND City of Miami Page 141 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 RETENTION BY THE CITY OF ALL OTHER RIGHTS; CALLING FOR A REFERENDUM SPECIAL ELECTION AND PROVIDING THAT THE CHARTER AMENDMENT SHALL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 7,2017; DESIGNATING AND APPOINTING THE CITY CLERK ("CLERK") AS THE OFFICIAL REPRESENTATIVE OF THE COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. ENACTMENT NUMBER: R-17-0351 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Chair Hardenzon: RE.2. Melissa Tapanes-Llahues: Chairman, my name is Melissa Tapanes. I'm representing Aligned Bayshore, LLC (Limited Liability Company), RE. 6. I have a hearing at -- in Miami -Dade County Community Council 11, starting at 7 p.m., in West Kendall. I respectfully request that we be heard out of order so that we can move forward before I can make my -- Chair Hardenzon: The amendment that was proffered for RE.6 that include the percentage point -- remember, that they agreed to -- I didn't see it in the language in the documentation that we have. Barnaby Min (Deputy City Attorney): Correct. And I believe, Commissioner Russell was going to propose to amend the title with that new language. Vice Chair Russell: Yes. Chair Hardenzon: Okay. Vice Chair Russell: As well as the ballot language. Chair Hardenzon: So you want to read it so I understand exactly what you have? Vice Chair Russell: Sure. Let me have it; right there. Chair Hardenzon: No, you can read it. City of Miami Page 142 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Vice Chair Russell: Sure. Chair Hardemon: Yeah. Ms. Tapanes-Llahues: Thank you. Vice Chair Russell: So in the title, which is quite a title, in the middle section, right after it says -- Let me start at the beginning of the sentence; it's a very long sentence. "Additional minimal rent payment of $200,000 per year lease, a year minimum of $10 million over the base term of the amended lease or one and three quarters percent of gross rent receipts derived from the property, whichever is greater, as additional rent due to the City. " And here's the new part: "And commencing January 1, 2019, minimum annual total rent, inclusive of the additional minimal rent -- minimum rent -- shall be $1,500, 000, plus an additional $25, 000, to be paid on an annual basis for the full amended term to a special fund, to be established by the City, for the benefit of low-income housing renovation. " And then, there was another amendment slightly, at the bottom, about the appraisals, because they have been attained. "Entitle powers to independent appraisals having been obtained. " And that's the only amendment for the title. So I'll move it as amended. Mr. Min: Commissioner Russell, are you also proposing to amend the ballot -- Vice Chair Russell: Yes. Mr. Min: -- the ballot question? Vice Chair Russell: Do you have a sample of the final version for me, please? Ballot language is one of my biggest pet peeves. As a layman, and not an attorney, I like things to be simple, and I like our voters to have very simple language on which to make their decisions. I hate it when people have to leave the ballot box and they have no idea what they just voted on. And these lease agreements can be very complicated contracts, with a lot of terms, and a lot of conditions. What I wanted to boil it down to is: What is the voter actually being asked to do, and how simple can we make that? So we've come up with a format, which basically poses the question, and then lists some bullet points of the terms involved in the agreement. So if all you wanted to read was the question, you know what you're voting on. That's as far as you need to go. If you're more curious, you can see the terms underneath. And this is very simple for the voters. I'd really like to thank City Attorney Min for helping me craft that. Commissioner Suarez: Second. Vice Chair Russell: It's been seconded. Can I see the draft of the language, please, for the ballot? Chair Hardemon: And -- Mr. Min: Do you want me to read it, or do you want --? Vice Chair Russell: You can read it; that's fine. Chair Hardemon: No, before you read it -- Commissioner Suarez: On number what? Chair Hardemon: -- business terms. The 25, 000 was the amount that they agreed to, but there was another percentage point that was supposed to be negotiated, City of Miami Page 143 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 where the City would be also contributing from whatever that percentage rent was that would go towards the affordable housing. Remember that? Daniel J. Alfonso (City Manager): Halfa percent. Yes. Chair Hardemon: It was a halfa percent? Daniel Rotenberg (Director, Public Facilities): Yes. It was a match. Vice Chair Russell: Like a match. Mr. Alfonso: 25, 000, plus a halfa percent. Mr. Rotenberg: From what --from our side, yes. Chair Hardemon: Okay. All right. So I just want to make sure that that's clearly put into the legislation. Vice Chair Russell: Is our obligation in the agreement, as well? The obligation that the Commissioner just -- the Chairman just mentioned, is that written into our agreement? Is that internal to our side? Mr. Rotenberg: It's internal to our side. We have to write it into our agreement, but it was agreed to. Vice Chair Russell: Thank you. Mr. Min: So -- and the proposed ballot question, as the Commissioner stated, will have a question with three bullet points. "Question: Shall Miami's Charter be amended to extend Aligned Bayshore Marina, LLC, Monty's lease, at 2050 Bayshore Drive, requiring the Commission to waive competitive bidding under these terms?" Bullet Point Number 1: "32 year lease extension, plus 10 year options." Mr. Rotenberg: Two 10 year. Mr. Min: Two. Monty's is to pay City $10 million in additional rent for an additional 1.7 -- Ms. Tapanes-Llahues: Mr. Min, there -- right. Respectfully, if I may, we made clarifications to that. You may be reviewing -- Vice Chair Russell: That's not the most recent version? Unidentified Speaker: He may be reading too fast. Ms. Tapanes-Llahues: The -- He may be reading a little too fast. Mr. Min: "at I m reading is from 8: 40 a.m., after speaking with Mr. May at 8:39 a.m. Ms. Tapanes-Llahues: Could -- Do you mind reading the first bullet point again? Mr. Min: 32 year lease extension, plus two 10 year options. Ms. Tapanes-Llahues: Perfect. Thank you. I'm sorry. City of Miami Page 144 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Min: Bullet Point Number 2: "Monty's to pay City $10 million in additional rent or an additional 1.75 percent of gross revenues, whichever is greater, for no less than $1.5 million per year, beginning 2019. " And Bullet Point Number 3: "Monty's contribute $7.5 million in property improvements and a minimum of $4 million for future improvements. " Ms. Tapanes-Llahues: Perfect. Commissioner Suarez: Are we good? Vice Chair Russell: Moved, as amended. Ms. Tapanes-Llahues: Thankyou. Commissioner Suarez: I second it. Chair Hardemon: There is one more amendment that needs to be added to the resolution; just some housekeeping things. Todd B. Hannon (City Clerk): Thank you, Chair. I just need to add Resolution Number R-17-0351 to page 5. That's basically the resolution number that you will be adopting today. Chair Hardemon: All right. Any further discussion on the item? Seeing none, all in favor of the item, say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Ms. Tapanes-Llahues: Thankyou; appreciate it. Mr. Hannon: As amended. Unidentified Speaker: Thankyou very much. Vice Chair Russell: Good luck in November. Unidentified Speaker: Thankyou, Vice Chair. Thankyou, Commissioners. City of Miami Page 145 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 RE.7 RESOLUTION 2516 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), ACCEPTING THE BIDS RECEIVED MAY 1, Improvements 2017 PURSUANT TO INVITATION TO BID ("ITB") NO. 15-16-033 AYES: FOR JOB ORDER CONTRACTING (JOC) FOR HORIZONTAL AND VERTICAL CONSTRUCTION SERVICES FROM THE SIX (6) LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS FOR HORIZONTAL CONSTRUCTION SERVICES AND THE SIX (6) LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS FOR VERTICAL CONSTRUCTION SERVICES TO PROVIDE MAINTENANCE AND CONSTRUCTION SERVICES CITYWIDE ON AN AS -NEEDED BASIS FOR A PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS FOR TOTAL ANNUAL EXPENDITURE LIMITS OF $2,000,000.00 FOR HORIZONTAL CONSTRUCTION SERVICES AND $2,500,000.00 FOR VERTICAL CONSTRUCTION SERVICES; ALLOCATING FUNDS FROM VARIOUS OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE TWELVE (12) CONTRACTS, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, AND TO NEGOTIATE AND EXECUTE ANY SUBSEQUENT DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS TO THE CONTRACTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0384 ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: I'd like to accept a motion to approve RE. 7 -- Commissioner Suarez: 7, 8, 9 -- Chair Hardemon: -- 8, 9 -- Commissioner Suarez: --10 -- Chair Hardemon: --10 -- Commissioner Suarez: --13, 14. Chair Hardemon: --13 -- Commissioner Carollo: Whoa, whoa, whoa. Chair Hardemon: Oh, I'm sorry. Let me start over. 7, 8, 9, 10. City of Miami Page 146 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Suarez: Move it. Commissioner Carollo: 7 -- Commissioner Suarez: 8, 9 -- Chair Hardemon: 14, 15, and -- Commissioner Suarez: I'm okay with that, but let's just go 7, 8, 9, 10. Let's just do that. Let's do it. Chair Hardemon: I think 14 and 15 you can get. Commissioner Suarez: I'm fine with that, but -- Chair Hardemon: All right, so there's a motion for 7, 8, 9, 10 -- Commissioner Suarez: For 7, 8, 9, 10. Chair Hardemon: --14, 15. Commissioner Suarez: Okay, fine, 14, 15. Chair Hardemon: And seconded by the Chair. Commissioner Suarez: Second (UNINTELLIGIBLE). Chair Hardemon: Any further discussion on the motion that's on the floor? Commissioner Suarez: No. Chair Hardemon: Hearing none, all in favor, say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 147 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 RE.8 RESOLUTION 2517 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), ACCEPTING THE BID RECEIVED APRIL 26, Improvements 2017 PURSUANT TO INVITATION TO BID ("ITB") NO. 16-17-004 AYES: FROM WEST CONSTRUCTION, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE CONSTRUCTION SERVICES FOR THE LITTLE HAITI SOCCER PARK - DISTRICT 5 - OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROGRAM PROJECT NO. B-40516, IN THE AMOUNT OF $1,387,133.00 FOR THE SCOPE OF WORK PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $138,713.30 FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $1,525,846.30; ALLOCATING FUNDS FROM THE OCI PROJECT NO. B-40516; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, AND TO NEGOTIATE AND EXECUTE ANY SUBSEQUENT DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0385 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item RE.8, please see Item RE. 7. City of Miami Page 148 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 RE.9 RESOLUTION 2530 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED Improvements FEBRUARY 13, 2017 PURSUANT TO REQUEST FOR AYES: QUALIFICATIONS NO. 15-16-032 FROM ATKINS NORTH AMERICA, INC. TO PROVIDE CAPITAL PROGRAM SUPPORT SERVICES ON AN AS -NEEDED BASIS FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS FOR AN EXPENDITURE LIMIT OF $2,500,000.00 OVER THE INITIAL TOW (2) YEAR TERM OF THE AGREEMENT WITH THE OPTION TO INCREASE SAID EXPENDITURE LIMIT IN AN AMOUNT NOT TO EXCEED $1,250,000.00 FOR EACH OPTION TO RENEW PERIOD THEREAFTER FOR A TOTAL EXPENDITURE LIMIT AMOUNT NOT TO EXCEED $5,000,000.00; ALLOCATING FUNDS FROM VARIOUS OFFICE OF CAPITAL IMPROVEMENTS PROJECTS AND DEPARTMENTAL BUDGETS SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND 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-17-0386 ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item RE.9, please see Item RE. 7. City of Miami Page 149 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 RE.10 RESOLUTION 2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY Estate and Asset MANAGER TO ACCEPT A RIGHT-OF-WAY DEED ("DEED"), IN Management SUBSTANTIALLY THE ATTACHED FORM, CONVEYING PROPERTY LOCATED ON BRICKELL KEY, FROM SWIRE PROPERTIES US INC, SWIRE PROPERTIES INC, AND SWIRE JADECO LLC (COLLECTIVELY, "SWIRE COMPANIES") TO THE CITY OF MIAMI ("CITY'), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE DEED, TO BE UTILIZED AS A PUBLIC LINEAR PARK AND AS A PUBLIC WATER TAXI PICK UP AND DROP OFF LOCATION, WITH PURPOSES INCIDENTAL THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO EFFECTUATE SAID PURPOSE; DIRECTING THE CITY MANAGER TO RECORD THE DEED IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO KEEP COPIES OF THE DEED ON FILE FOR CITY RECORDS. ENACTMENT NUMBER: R-17-0387 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item RE.10, please see "Public Comment Period for Regular Item(s)" and Item RE. 7. City of Miami Page 150 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 RE.11 RESOLUTION 2364 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of Real AUTHORIZING THE CITY MANAGER TO EXERCISE THE THIRD Estate and Asset ONE (1) YEAR OPTION TO RENEW FOR REQUEST FOR Management PROPOSAL CONTRACT NO. 369316, BETWEEN THE CITY OF ABSENT: MIAMI AND WLS, L.C. D/B/A NAI MIAMI, PURSUANT TO RESOLUTION NO. 13-0453, ADOPTED NOVEMBER 21, 2013, FOR REAL ESTATE LEASING SERVICES, FOR THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT, ON AN AS NEEDED CONTRACTUAL BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS, EXTENSIONS, MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item RE. -l1 was deferred to the September 14, 2017, Regular Commission Meeting. For minutes referencing Item RE.]], please see "Order of the Day" and "Public Comment Period for Regular Item(s). " RE.12 RESOLUTION 1995 TO BE DEFERRED TO THE SEPTEMBER 14, 2017 AGENDA. Commissioners Francis Suarez, Commissioner and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH AYES: ATTACHMENT(S), ESTABLISHING A CITY OF MIAMI ABSENT: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT HOUSING POLICY FOR SMALLER RENTAL DEVELOPMENTS ("GUIDELINES"), ATTACHED AND INCORPORATED AS EXHIBIT "A", AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT SAID GUIDELINES. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. Item RE. 12 was deferred to the September 14, 2017, Regular Commission Meeting. For minutes referencing Item RE. 12, please see "Order of the Day. " City of Miami Page 151 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 REA 3 RESOLUTION 2541 A RESOLUTION OF THE MIAMI CITY COMMISSION PROPOSING Commissioners THE HISTORIC DESIGNATION OF THE AREA KNOWN AS "WEST and Mayor GROVE IN RECOGNITION OF THE HISTORICAL AND CULTURAL IMPORTANCE OF THE AREA TO THE CITY OF MIAMI AND DIRECTING THE CITY ADMINISTRATION TO PROCEED PURSUANT TO THE PROVISIONS OF CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. ENACTMENT NUMBER: R-17-0390 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For additional minutes referencing Item RE.13, please see "Public Comment Period for Regular Item(s) " and Item RE. 7. Chair Mardemon: You want to do RE. 13? You want to do the West Grove, the West Coconut Grove? Vice Chair Russell: Yes, please. Chair Mardemon: Let's call on that one. RE. 13. Vice Chair Russell: Is someone from the City presenting, or shall I? Chair Mardemon: Is there anyone from the City presenting RE.13? Barnaby Min (Deputy City Attorney): RE. 13 is a resolution proposing that the West Grove be designated as historic. Vice Chair Russell: Thank you very much, and thank you for those who came this morning to speak on this issue. I recognize this is a very sensitive issue, but a very powerful issue. Coconut Grove is the heart of our City. It's the origin of our City. Many of our founding fathers and mothers are from this area, and they came from many parts; from the Bahamas, the Caribbean, and eventually, the South Carolinas, and all over. Chair Mardemon: Georgia. Vice Chair Russell: And Georgia. It's a beautiful place. If you spend time in Coconut Grove, you're going to feel some character. I was at church last night in Macedonia, where they're having a Baptist gathering of just beautiful music that -- and conch fritters. It's amazing to me that Coconut Grove is not already a historic district, and I've been talking about it since I came into office, starting with the structures that we're losing, one by one. There's less than 20 left of the wood -frame and Bahamian -style, historic -- should be historic shotgun homes and Bahamian - style wood -frame homes. I want these protected, and they're not, and we're losing them. I've been warned that maybe we don't have enough left in order to qualms for City of Miami Page 152 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 a historic district. To me, that means it's all the more urgency [sic] that we need to act now. So what this resolution is doing is not designating it historic; it is the first step toward reaching out to the community and getting the community engagement and involvement to make sure we do this correctly; to make sure that the area qualifies, which I know it does; to get the stories that need to be told; find the buildings that need to be saved; check the streets that are named after famous folks, and really start to value the character and history of this area. I want us to look at the construction --future construction that's there to make sure it's in line with the vernacular of what we expect to see in a historic district of this nature. I do not want to create a hardship on local residents who happen to live in a contributing historic structure. I want to find the mechanisms to help fund the renovations and restore those homes to what they should be and, all the while, injecting affordability everywhere that we can. So you all will be at the table, and this is directing the City to begin that process of outreach. And so, I welcome the support of my Commissioners and the community as we look forward to naming this district whatever it will be named and whatever those lines will be. Currently, I have in the legislation as "West Grove, " but that's not my decision to make. What we call the historic district will be up to the community. I put the boundaries as the NCD -2 (Neighborhood Conservation District), which I do believe encompasses the area, but that's also very open as we move forward with the department and with the neighborhood as that goes. So I'd like to move this item. Commissioner Suarez: Second. Discussion. Chair Hardemon: Discussion. Commissioner Suarez: Thank you, Mr. Chair. I'll try to be brief. Yeah. I pretty much -- Vice Chair Russell: Your dad was at church last night. Commissioner Suarez: I know he was. I know. And I'll try to be brief. I know -- I think the Vice Chair set it up pretty well. Historic designation sometimes is more difficult than what you would think it is. You know, we're -- I'm struggling in Shenandoah. You know, I thought it would be embraced totally by the neighborhood, and my republicanyriend/Chair here -- Chair Hardemon: I'm not a Republican. I am a Democrat. I want to make that very known -- Vice Chair Russell: Let the record reflect -- Chair Hardemon: Those who are on television -- Vice Chair Russell: This is a nonpartisan position. Chair Hardemon: That is true, but I am a Democrat. Commissioner Suarez: My private sector protecting friend over here, the Chair -- so -- no. It's been, honestly, a lot tougher in garnering consensus, and there's a big debate even as to whether consensus should be -- you know, whether you -- it should be a consensus -based process or not. Because I believe in private property rights, as well, I think, you know, you should try the very best that you can to garner consensus in the area where you're going to designate it, because it affects people, and it affects people -- and there are a variety of different vehicles that you have. Obviously, you are in an NCD, so you already have a Neighborhood Conservation District, which can be replicated -- Why are you laughing, man? City of Miami Page 153 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: I'm still smiling (UNINTELLIGIBLE). Commissioner Suarez: You like that one, huh? Chair Hardemon: Go ahead. Commissioner Suarez: So I support it. I -- you know, hopefully, at some point, I'll be able to help, but I definitely think, for sure, it's a tough process. And for those who are fearful of it, I don't think you should fear it. I think it's something that can improve property values, can improve quality of life, and we've seen it in a lot of other districts throughout the City. And stem gentrification, too. Chair Hardemon: If I may, I've really come to appreciate historic properties -- or properties that don't have the designation that are just older; the character that they have, and what they do for a neighborhood. I remember, when I was a Public Defender, I interviewed a juvenile; could have been 17 years old. He was a witness in a case. And I was asking hint some questions, and I was trying to idents which house he lived in. And I don't remember the area where it was that -- because that wasn't important at the time, but when I pointed out a house on Google Maps, he said, "Oh, no, I don't live in that. " He made a comment about some communist place. I -- You know, I live in one of these houses, " and I didn't quite understand him at that point. I wasn't really exposed to the historical properties or the significance of them. And it's so funny, because now I think, today, I understand him more of what he was saying to me than I did then. It's interesting because, you know, people, they are raised, and they know of the value of these properties. And so, as I've been traveling, I've been visiting historic neighborhoods. I just left from Cordele, Georgia, where my family is from, and they have a large supply of historic homes, historic -designated areas. And the one thing, though, that alarms me about those places that will alarm me about West Coconut Grove is that in those historic - designated areas, there are places -- there are some homes that look great, and there are some homes that are in very, very had shape. And usually, the people that live in the homes that look great tend to be of higher means and of -- more of a Caucasian persuasion, and those who are in the other houses tend to be of lower means and African-American, and so therein, there lies this issue for me, because we know that declaring a community historic gives property owners more hurdles to jump through, and it becomes more expensive and more of a taxing issue for them to make improvements. And so the only way that I can see this working is for me -- When I think about, for instance, the bond issuance, and I think about affordable housing, the way that this works for me is if -- we have to increase the amount of affordable housing that's available to individuals so they can rehab those types of homes, especially in historic neighborhoods so that people have access to -- If you've been in this community for 100 years and your house is not in good condition and you're a part of the West Coconut Grove and you want to remain living in West Coconut Grove, you don't want your house demolished and you don't want to sell, you should have an option. And I think that would help sell even a bond; that these people will have an opportunity to apply for better housing, and they could still live in the houses that they grew up in, and it's now made more standard. I think just giving it a designation, which this doesn't do today, but just giving it a designation without giving them some redress is -- in fact, will exacerbate the gentrification issue, because they won't be able to make any improvements on it. They won't be able to replace a window in that house without some high cost. And so, that's the one thing that I want to bring to everyone's attention, that there is a cost that's associated with this. It does make a neighborhood respectful. You know exactly what it is. You have pride for being there. But as an individual property owner, it could cause some major issues for them when they try to repair those homes, so. City of Miami Page 154 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: Yeah. I just -- that's not -- we're not designating it today. Chair Hardemon: Right. I understand that. I just want to be very clear. Commissioner Suarez: So -- but -- yes, and I think that's important, because again, in my experience with Shenandoah, we had a lot of neighbors that were very, very gung-ho for it, and you know, I thought there was consensus, and then it turned out that some of the elderly residents were much more skeptical and much less ready to buy in, particularly because of a lot of the concerns that you mentioned. So, you know, it's a process, and it's going to take time, and it's going to take convincing, and it's going to take educating, and it's going to take, you know -- Ultimately, I think all of us here are the type of people that we want buy -in from our community; we don't want to just do things arbitrarily. Chair Hardemon: Right. Vice Chairman. Vice Chair Russell: So one of the tools I hope to use to really help mitigate those extra burdens and costs of a historic district is the expansion of the CRA (Community Redevelopment Agency) into the West Grove, which can provide tremendous amount of funds for infrastructure and historic preservation, affordable housing, and such. I'd like to know where we are on the finding of necessity for the expansion -- Mr. Manager, of the finding of necessity for the CRA -- Daniel J. Alfonso (City Manager): Yes. I'm aware. Vice Chair Russell: -- in the West Grove. Where are we? Mr. Alfonso: We're working with our Procurement Department to hire the -- Vice Chair Russell: Itfeels like it's been -- Mr. Alfonso: --person (UNINTELLIGIBLE). Vice Chair Russell: -- a very long time. Mr. Alfonso: Yes, it does. It's not been that long, but it does take a little bit of time, sir. Vice Chair Russell: Where are we, please? Christopher Rose (Director, Office of Management & Budget): Chair, I'll have a timeline for you next week. Vice Chair Russell: A timeline of? Mr. Rose: When we will -- we have a vendor that we have talked to about it; they that had a few more questions. It is back in the Procurement Department. The procurement process has not held it up. It's just going through the procurement process, but I will have a timeline for all of the milestones next week for you and Your staff, sir. City of Miami Page 155 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Vice Chair Russell: Thank you very much. I would like to really pressure that to move quickly. We're -- we need this tool, and if it's -- if we apply, I'd like to know soon. Thank you. Mr. Rose: Thank you. Chair Mardemon: Is there any further discussion? Seeing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Mardemon: All against? Motion passes. Commissioner Carollo: I'm an "aye " RE.14 RESOLUTION 2659 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF GRANT and Mayor FUNDS FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF AYES: THE CITY'S ANTI -POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $7,000.00, TO MIAMI-DADE COUNTY FOR THE BLACK AFFAIRS ADVISORY BOARD; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE THE ALLOCATION. ENACTMENT NUMBER: R-17-0388 ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item RE.14, please see Item RE. 7. REA 5 RESOLUTION 2660 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING NO OBJECTIONS TO ANY Commissioners LAWFUL ACTION NECESSARY TO ENSURE THAT YACHTING and Mayor PROMOTIONS, INC. MAY ACCESS AND USE THE CITY -OWNED PROPERTY AT APPROXIMATELY 1050 MACARTHUR CAUSEWAY IN ACCORDANCE WITH ITS EXISTING AGREEMENTS WITH FLAGSTONE ISLAND GARDENS, LLC; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-17-0389 City of Miami Page 156 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item RE.15, please see Item RE. 7. RE.16 RESOLUTION 2686 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City Manager's ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Office ENTER INTO A SETTLEMENT AGREEMENT WITH FLORIDA POWER AND LIGHT (FPL) WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF MIAMI IN THE CASES OF MIAMI-DADE COUNTY, ET AL. V. FLORIDA POWER & LIGHT COMPANY, ET AL., CASE NO. 3D14-1467, BEFORE THE THIRD DISTRICT COURT OF APPEAL; IN THE MATTER OF FLORIDA POWER & LIGHT COMPANY TURKEY POINT, UNITS 6 & 7, DOCKET NOS. 52-040 AND 52-041, BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION; AND IN RE: NUCLEAR COST RECOVERY CLAUSE, DOCKET NO. 160009, BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION, UPON THE EXECUTION OF A SETTLEMENT AGREEMENT IN SUBSTANTIALLY THE ATTACHED DRAFT; ALLOCATING FUNDS FROM THE GENERAL FUND. ENACTMENT NUMBER: R-17-0392 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Gort, Carollo, Suarez NAYS: Russell Note for the Record. For additional minutes referencing Item RE.16, please see "Public Comment Period for Regular Item(s). " Commissioner Gort: 16. Chair Hardemon: PZ. 16. Wait, 16 -- I'm sorry; not PZ. 16; I meant RE.16. Commissioner Carollo: RE.16. Victoria Mendez (City Attorney): Hi. Can we call RE.16? City of Miami Page 157 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 Commissioner Gort: That's what we're doing. Commissioner Carollo: We called it. Ms. Mendez: Thank you. Commissioner Gort: We called it. Commissioner Carollo: We called it. Chair Hardemon: It's been called. Commissioner Gort: Wake up. Ms. Mendez: Commissioners, on RE] 6, there's been a substituted resolution and a more comprehensive agreement that's been submitted to the record. The City Manager and the City Attorney's Office are recommending the settlement. Vice Chair Russell: Oh, I'm the Chair. Commissioner Gort: Move it. Vice Chair Russell: It's been moved -- Commissioner Carollo: Second. Vice Chair Russell: -- and seconded. Commissioner Suarez: Mr. Chair, I just have one small -- I just have one -- Vice Chair Russell: Yes, Commissioner Suarez. Commissioner Suarez: I just want to add a "whereas" clause that says, "FP&L (Florida Power & Light) shall make good faith efforts to minimize harm to the Underline during installation and maintenance of FP&L facilities. FP&L will make good faith efforts to optimize opportunities for landscape above buried lines, and near new manholes and poles, to minimize the impact of the new infrastructure. " Commissioner Carollo: Amendment accepted. Vice Chair Russell: Mr. Chair -- Commissioner Gort. Commissioner Gort: Let me tell you, the -- my decision to move this motion. Number one, I think -- I believe we've been discussing this for quite a bit at the same time as FP&L came up with a very high number. I think we discussed it, we mediated with them for a long time, and I think we got a good agreement out of this. It's unfortunate the other municipalities don't feel that we did and they feel we betrayed it and we sold our self and so on, and I'm sorry they feel that way. But one of the main reasons I'm doing this is if you look at the expansion of Miami -Dade County, it's going to be at the detriment of the City of Miami; the I-95, 112, the 836, and destroy a lot of our neighborhoods. People at that time did not complain. They didn't come out to suggest, "What can we do to help the City of Miami?" Lately, we had somebody that want to come up with a plan where they going to put the train through Northwest 7th Street, in the City of Miami. I didn't see anybody coming over to assist us and help us. And then, at the same time, originally, when they were putting the plan together, that they didn't want to go through U. S. 1, guess where the wire was going to go? Through the City of Miami, with the big poles. And at that City of Miami Page 158 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 time, they didn't have any problem, as long as they take it away from their neighborhood. I think we've worked hard for what we've done, and that's the reason why I move for it. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Yeah. And I think the key point there is we managed to do what we set out to do years ago, which was make sure that all the lines would be underground. Chair Hardemon: Any further discussion? Vice Chair Russell: Yes, Mr. Chairman. Chair Hardemon: You are recognized. Vice Chair Russell: I will be a "no" vote on this, and I'd just like to explain. I know FPL is our partner and they provide the power for our community, and we depend on them for that. Of course, it doesn't mean we don't, you know, hold to certain things that we find very important, and we don't defend to the tooth and nail our -- the best interests of our residents. When I was elected and came in, this issue was already underway; it was already in the thick of it. And it started with trying to force FPL to bury the lines on U.S.]. And then, our City Attorney got so involved in the case that, whether from pure passion of doing the right thing or finding leverage to gain a settlement, we got embroiled in many, many cases with FPL. And I know we've had our differences, the City Attorney and I, but I give full credit to she and her staff for fighting a very good fight, and putting us in a very strong position that the rest of the communities around us were looking to us to lead this. They don't have the strength or the legal team to do what City of Miami was doing. And so, for me, when I came in, we were already in the middle of all that, and it just -- it hurts me to walk away from that. I see the potential for us to stay in these fights, potentially get the undergrounding for free. We could lose that case, and that's a financial risk to the City, so I do fully understand your position. The risk that we would have, the poles, I understand the risk of that position. But for me, personally, the issues that we were gaining ground on with regard to our aquifer, with regard to the Turkey Point and the new Reactors 6 and 7, with regard to how our residents are charged, it's something I couldn't let go of, and I'm not in agreement with the settlement, as it is. But I know where we are, and I understand; and so, I will be a "no" vote. Chair Hardemon: Any further discussion? And it is properly moved and seconded, right? Commissioner Carollo: Yes. Chair Hardemon: And seeing no further discussion, all in favor; say "aye " Commissioner Carollo: Aye. Commissioner Gort: Aye. Commissioner Suarez: Aye. Chair Hardemon: All against? City of Miami Page 159 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Vice Chair Russell: No. Chair Hardemon: Motion passes. Todd B. Hannon (City Clerk): As amended. Ms. Mendez: As amended. Chair Hardemon: As amended. Commissioner Carollo: As amended. Chair Hardemon: Okay. Commissioner Gort: Can we go home now? Vivian de la Cuevas -Diaz: Commissioners, just a quick moment. Thank you. We really appreciate all the hard work. To your City Manager, your City Attorney, and your Mayor, I know that we've been here probably longer than you would want us to, but we really appreciate the dialogue. Thank you for your time. Mr. Hannon: Sorry, Chair. Speaker's name? Ma'am? Ms. De las Cuevas -Diaz: Vivian de las Cuevas -Diaz, with Holland and Knight. Irene White: Hi. I'm Irene White, with Florida Power & Light. And listen, I think we have a beautiful project. This is going to be great for the City; it's going to be great for the residents. It's really great. I'm a civil engineer, and they worked really, really hard, so my thanks to your team. Thank you. Chair Hardemon: Thank you. REA 7 RESOLUTION 2685 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING THE CITY MANAGER TO APPROVE A PROJECT and Mayor ENTITLED, "MUSEUM PARK WALKWAY," CAPITAL PROJECT B - 30538H, FOR THE PURPOSE OF RECONSTRUCTING AND REPAIRING THE EXISTING WALKWAY AT MUSEUM PARK, LOCATED AT 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA, WITH A TOTAL PROJECT COST ESTIMATED IN AN AMOUNT - NOT -TO -EXCEED ; ALL FUNDING AND BUDGET ALLOCATIONS ARE TO BE APPROPRIATED WITH CONTRIBUTIONS FROM ENACTMENT NUMBER: R-17-0391 ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... ................... Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: RE. 16. City of Miami Page 160 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Barnaby Min (Deputy City Attorney): Do you mind tabling that, sir? Chair Hardemon: No, I do not. RE.17 doesn't have any -- Commissioner Suarez: Mr. Chair, I'll take RE.17. RE. 17 was a -- was one of my feeble attempts to try to resolve the conflict on Museum Park, regarding the condition of the park and regarding the disagreement over whether CRA (Community Redevelopment Agency) funds should be used and to what scale and to what scope. And I think, you know, without putting words in Commissioner Carollo's mouth, he provided some compelling evidence about the deterioration of certain parts of the park, and I think we all left sort of stunned a little bit. And I think the second part was we all left with a resolve that we should fix it, irrespective of what came out of the discussion and the solution, because that is a signature park in the City, and it's something that we want to make sure looks beautiful for our residents and for our City. So I just saw the information literally five minutes ago, but I'll let our Capital Improvements director make his presentation, and we can debate it and go forward. Vice Chair Russell: I'd like to show -- sponsor it, as well, please. Commissioner Suarez: Sure. Jeovanny Rodriguez (Director, Capital Improvements Program): Good afternoon, Commission. Commissioner Suarez: He wants to show himself as a sponsor, as well. He wants to show himself as a sponsor, as well. Vice Chair Russell: Co-sponsor, 17. Commissioner Suarez: A co-sponsor, whatever. Is it too late for that or --? Todd B. Hannon (City Clerk): The item has already gone to print with the sponsor on the agenda, so -- Chair Hardemon: Just add it as a co-sponsor. Just make a note -- Mr. Hannon: On the record. Chair Hardemon: -- into the record. Commissioner Suarez: Yeah, make a note on the record that -- Vice Chair Russell: (UNINTELLIGIBLE). Mr. Hannon: Got it. Commissioner Suarez: -- he co-sponsored it after thefact; two Republicans. Chair Hardemon: You two. Commissioner Suarez: No, no, no, no, no. Mr. Rodriguez: Good afternoon, Commissioners. Jeovanny Rodriguez, director of Capital Improvements, Office of Capital Improvements. Commissioner, last meeting we were asked to take a look at some costs for the replacement of the walkways at City of Miami Page 161 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Museum Park, the walkways that were built originally out of the decomposed granite material. We have a presentation very quickly. IfI can see, in the next drawing, you have a total of three areas that were built with this decomposed granite: the blue, the red, and the green. In two of those areas, specifically the blue, which is the ones along Biscayne Boulevard, connecting to the promenade; and the one in the green, which is a little walkway amongst the landscaping close to the Art Museum, we have some concerns with drainage there, so our options include options that will address the drainage concern. So what we did is we actually prepared three options. The first option is this one that you see here. It's basically just replace all three walkways with the same material that is there. The cost is 162, 000, all included. We are not recommending this option, because, obviously, the material that's there is not working. The second option that we have, we are recommending that the walkway in red, we replace that with standard or concrete, six inches; the material in the green and the material in the blue to be replaced with pervious concrete, which is a concrete that allows the water to drain, and therefore address the drainage issues. The total cost for that option is 468, 000; again, all in. The last option that we have is, again, the area in red is a standard concrete. The ones in green and the ones in blue is with the pavers, pervious pavers, which pretty much will match the same type of pavers that we use along the bay walk in that area, and this action is 568, 000, all in. Vice Chair Russell: We lost our sponsor. Chair Hardemon: Right. I'm sure that's the option he'll want to have. Mr. Rodriguez: Yeah. And by the way, we are recommending option two. Vice Chair Russell: Of course. Chair Hardemon: Option two? Mr. Rodriguez: Option two, which is the regular standard concrete. I'll go back. It's this one. Regular standard concrete along the main walkway and both pervious concrete on the one on Biscayne Boulevard, on the one next to the Art Museum, for a total of $668, 000. Vice Chair Russell: Funding source? Mr. Rodriguez: We have not identified that right now. Chair Hardemon: You said 668? Mr. Rodriguez: I'm sorry. 468, 000. Chair Hardemon: Okay. Mr. Rodriguez: I'm sorry. Commissioner, we do not have available fundings in that project for this, so this is something that would require for us to come up with the funding for this. Vice Chair Russell: I hear Bayfront Park Trust just found 2 million bucks. I'm kidding. We'll find -- This is one of those things where I would propose a significant investment in Museum Park from the correct funding source, which I believe to be the GO (general obligation) bond, and I'll be looking to make an amendment on that item. So you can leave it as an unfunded "B" number at this point. Chair Hardemon: Okay. City of Miami Page 162 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Vice Chair Russell: And we'll move forward to idents the sources. But I'll move this item. Chair Hardemon: That's his motion. Commissioner Gort: Second. Chair Hardemon: Seconded by Commissioner Suarez. Any further discussion on the item? Seeing none -- Mr. Hannon: Excuse me, Chair. I believe there are two blanks in the title of the resolution. Do those need to be filled in? Chair Hardemon: I guess one will be the price, right? Daniel J Alfonso (City Manager): Commissioner, we need to find out which of the three levels of repair you need to do. Chair Hardemon: Second; alternative two. Commissioner Gort: Second. Mr. Alfonso: The second one? Okay. Commissioner Carollo: And -- Commissioner Gort: 468, 000. Commissioner Carollo: -- by the way, I wouldn't call it a repair, you know. This is tearing it up and doing new. Mr. Alfonso: But -- Commissioner Carollo: I mean -- And by the way, Mr. Vice Chairman, that's why it's not the Trust that could come and just patch up a hole or so forth. You can't -- Vice Chair Russell: I was kidding. Chair Hardemon: You're right. Commissioner Carollo: --patch up the whole walkway, so this is -- Mr. Alfonso: Okay. Commissioner Carollo: --new, yeah. Mr. Alfonso: I understand. I just wanted to make sure. And additionally, you know, you haven't identified the funds, so right now, you're passing a resolution for a level of repair without funding. Chair Hardemon: That's correct. Vice Chair Russell: Commissioner Carollo, are you -- by your description of it not being a repair, I assume that you're thinking that it's a capacity increase to which park impacts [sic] fees could be utilized? City of Miami Page 163 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Carollo: Yes, yes. And I was going to bring the IRS (Internal Revenue Service) definition of a capital improvement, so -- if there was any discrepancies with regards to a capital improvement versus a repair. Vice Chair Russell: Sure. Commissioner Carollo: And I'm pretty comfortable that, yes, it will be an improvement, because, like I said, you can't repair that. Vice Chair Russell: Well, the Frost Museum calls it "the unfinished sidewalk, " so it never got done. And maybe by the materials that were chosen, it was just a -- Commissioner Carollo: Right. Vice Chair Russell: -- you know, half job. Commissioner Carollo: But what you can't -- but what you cannot overlook is that that needs to be done. It can't -- it cannot continue that way. Vice Chair Russell: Understood. So Mr. City Attorney, parks [sic] impact fees. Barnaby Min (Deputy City Attorney): The impact fees can only be used when there is an increase in capacity. So if the Administration -- Commissioner Carollo: Define "increase in capacity. " Yes. (UNINTELLIGIBLE) give new life -- Mr. Alfonso: No, no. Commissioner Carollo: This is going to give new life. Mr. Alfonso: "Increase in capacity" means, if I have a 10, 000 square foot building and I'm repairing, renewing it, and I become 15, 000 square feet, then I'm increasing capacity. Commissioner Suarez: Question: Can you widen it a little bit? Mr. Alfonso: That would be an increase in capacity. Then the question becomes: Does the impact fee allow for the entire replacement of it and pay for the whole thing or a proportionate care? What is the impact? So I would defer to the Law Department to give us an opinion on that; and then, if we're legally okay with replacing it, using impactfees, fine; otherwise, we could have a liability issue later. Mr. Min: May I suggest, rather than directing the Administration to utilize impact fees, directing the Administration to find a funding source? And -- Commissioner Gort: Source. Mr. Min: -- if impact fees are an option -- Commissioner Suarez: Are legally appropriate. Vice Chair Russell: Mover agrees. Chair Hardemon: All right. Commissioner Suarez: Seconder agrees. City of Miami Page 164 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: Seeing no further discussion -- Commissioner Carollo: As soon as possible. Could we add the language, "as soon as possible"? Vice Chair Russell: Mover agrees to that amendment, as well. Commissioner Suarez: ASAP (as soon as possible). Commissioner Carollo: Yep. Mr. Min: Yes, sir. Commissioner Suarez: Isn't that what it's called, "as soon as possible"? Chair Hardemon: (UNINTELLIGIBLE) speed. How 'bout that one? Don't want that. Commissioner Carollo: We're good. Chair Hardemon: He don't want that. Commissioner Gort: Well, let's apply this to all the unfunded projects that we have. Chair Hardemon: All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Hannon: As amended. Chair Hardemon: That is correct. END OF RESOLUTIONS City of Miami Page 165 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 /_lew_TA9to] NkiI;'Eel II: 4ki III I&II*:14[07ki1 ACA ATTORNEY-CLIENT SESSION 2665 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Attorney CONDUCTED AT THE JULY 27, 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 IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC AND FLAGSTONE DEVELOPMENT CORP. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 5:00 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, COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS X. SUAREZ; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEY JOHN A. GRECO; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; GONZALO DORTA, ESQ.; MATIAS DORTA, ESQ.; AND LAURA BESVINICK, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Chair Hardemon: What are we doing; are we going up? Victoria Mendez (City Attorney): Yes. Chair Hardenzon: All right. Can you read it into the record? Going up. Ms. Mendez: On July 13, 2017, under the provisions of Section 286.011(8), Florida Statutes, I requested that the City Commission meet in private to discuss pending litigation in the matter of Flagstone Island Gardens, LLC (Limited Liability Company) and Flagstone Development Corp. (Corporation) versus the City of Miami, Case Number 17 -13829 -CA -44, pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a City of Miami Page 166 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 party. The City Commission approved my request, and now, at approximately 9:50, we'll commence a private attorney-client session, under the parameters of 286.011(8), Florida Statutes. The subject of this meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. The private attorney-client session will conclude approximately within the hour. The session will be attended by members of the City Commission, which include Chairman Keon Hardemon; Vice Chairman Ken Russell; Commissioners Wifredo "Willy" Gort, Frank Carollo, and Francis Suarez; outside counsel, Gonzalo Dorta, Matias Dorta, and Laura Besvinick. A certified court reporter will be present to ensure that this session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the Chairman will announce the termination of the attorney-client session. Thank you. Chair Hardemon: Meeting is in recess until then. END OF ATTORNEY-CLIENT SESSION City of Miami Page 167 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 I*en *97ilN33've1kiUZ4197iv, liv, lIII a14*? BCA RESOLUTION 2602 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Office of the City APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE OFF-STREET Clerk PARKING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Larry Spring (unexpired term ending March 14, 2018) ENACTMENT NUMBER: R-17-0371 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo NOMINATED BY: Off -Street Parking Board (At -Large Appointment) Chair Hardemon: Can we go into our Boards and Committees? Commissioner Suarez: We have Board [sic] and Committees today? Nicole Ewan (Assistant City Clerk): Yes, Chair. There is only one BC (Boards and Committees) item on the agenda. It's a resolution; a request from the Department of Off -Street Parking, requesting a confirmation of Larry Spring for the unexpired term. Chair Hardemon: Properly moved; second by the Chair. Commissioner Gort: Second. Chair Hardemon: All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. END OF BOARDS AND COMMITTEES City of Miami Page 168 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 1-lllBit] AI BU.1 BUDGET DISCUSSION ITEM 1512 MONTHLY REPORT Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND Budget BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. RESULT: DISCUSSED Chair Hardemon: The only thing we have left on our -- well, we have the Off -Street -- Boards and Committees; is that still here, BC.1 ? Commissioner Carollo: Mr. Chairman. Todd B. Hannon (City Clerk): Already taken care of it, sir. Commissioner Carollo: We have DI (Discussion Item) -- I don't know if it's 3, but we have to -- I think it's D1. 2. Chair Hardemon: We have to get to DI. 2, but -- Is BC.1 here? No. Mr. Hannon: Sorry, sir; BC.1 has been taken care of. BC. 1. Chair Hardemon: Okay, good, good, good, good, good. BU. 1. Commissioner Carollo: BU. I. Christopher Rose (Director): Again, to say good morning, good afternoon, and good evening to you today, Commissioners. Thank you. BU.1 is the monthly budget report. I'll do it very briefly. We are projecting that the City will end with a net surplus of $27 million, which is 28.9 million in the general fund, reduced by 1.9 in the internal service fund, as we've been discussing over the last few months. This month's projection is $4.5 million higher than last year's net. The amount that is attributable to building revenues is 19.6 million out of that 27 million. There are four departments that we are projecting to go over budget right now: The two that we told you about last month, which is the Building Department and the City Clerk. For the same reasons, there are two additional ones. One is Grants Administration, due to expected underpayment by South Florida Workforce, and thereby putting pressure on the general fund to make up the difference. And the Fire -Rescue Department is expected to exceed their budget, primarily due to contractual payments in the labor contract that were unanticipated to be that high; all associated with transports, where we split the difference on the transport fees. I'll take any questions you may have. Chair Hardemon: Commissioner Carollo. City of Miami Page 169 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Carollo: Thank you, Mr. Chairman. What's the amount with South Florida Workforce? Mr. Rose: It is $140, 000. Commissioner Carollo: I'm sorry; CareerSource. Mr. Rose: I'm sorry? Commissioner Carollo: CareerSource. Its not South Florida Workforce anymore; it's CareerSource. Mr. Rose: Sorry; you're right. Commissioner Carollo: What is the amount? Mr. Rose: $140, 000 at the moment. We're still looking at it. Commissioner Carollo: I thought they were going to -- Mr. Rose: We did, too. Commissioner Carollo: -- (UNINTELLIGIBLE) that amount. Mr. Rose: Yes, sir. We did, too. The goal post keeps changing in that area, and that is what we're looking at right now. Chair Hardemon: Any further questions for him? Seeing none, thank you very much. Mr. Rose: Thank you. END OF BUDGET City of Miami Page 170 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 31 a 3l61'1fl11:111101kiIk1114iv, 61 D1.1 DISCUSSION ITEM 2239 DISCUSSION REGARDING A PRESENTATION BY THE City Manager's CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES Office CONCERNING THEIR ANNUAL REPORTS: - URBAN DEVELOPMENT REVIEW BOARD D1.2 2649 Office of the City Clerk ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. RESULT: NO ACTION TAKEN DISCUSSION ITEM DISCUSSION REGARDING THE ORDER OF THE REFERENDUM AND CHARTER BALLOT QUESTIONS BEING CONSIDERED FOR THE NOVEMBER ELECTION. RESULT: DISCUSSED Note for the Record. Direction by the City Commission to the City Clerk to place the Referendum and Charter Ballot questions being considered at the Referendum Special Election to be held concurrently with the General Municipal Election scheduled for November 7, 2017, in the following order on the ballot: 1) General Obligation Bond; 2) Aligned Bayshore Marina, LLC aka Monty's; 3) Amending Section 36 of'the Charter, entitled "Civil Service", 4) Amending Section 48(d) of the Charter, entitled "Office of Independent Auditor GenerabStaffmg", and S) Amending Section 12 of 'the Charter, entitled "Filling Vacancies for Mayor and City Commission." Chair Hardemon: DI 1, is that --? No one from DI1 ? Moving on. DI. 2, discussion of order of referendum and Charter ballot questions. Todd B. Hannon (City Clerk): Good evening, Commissioners. DI2 is a discussion item, basically for me to receive direction as to how you would like for the referendum question and the Charter amendment questions to appear on the ballot. What I've done is basically broken the items into two categories -- one for the referendum question; the other for the Charter amendment questions -- and essentially displaying them in the chronological order in which they were passed. So what I'm requesting tonight is that you provide me with direction as to the order of the questions so that I can communicate that to the Miami -Dade Elections Department. Vice Chair Russell: Would you like a motion, or just some open discussion here? Let's talk about it. Mr. Hannon: It can really just be a direction; it doesn't have to be anything more than that. Vice Chair Russell: First -- If I may, Mr. Chairman? Chair Hardemon: Yes. City of Miami Page 171 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 Vice Chair Russell: My preference would be -- Obviously, the elected people go up top. I would like to see the General Obligation Bond second, and then any land leases after that. I think those are the most tangible things for the voters to deal with before they get any fatigue; and then go into anything that's more procedural, legal, a little more trivial to the average voter. And that would -- so that would be -- what you have last being the Monty's issue going below General Obligation Bond, but above the vacancies, Civil Service, and the AG (Auditor General) issue. That would be my recommendation. What do you all think? Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: When I had spoken to our Auditor General, he was hoping that he could put his two items on, you know, on top, so I'm open to it. Chair Hardemon: I certainly -- I do believe the GOB (General Obligation Bond) should be -- at least we're saying second, because it's below the election. I can see why you would want the Charter -- it's a Charter amendment. I mean, Charter amendment questions are important, but the lease agreement to land, I agree with the Vice Chairman, second. I mean, after GOB. Now, it's important now -- The AG is important, yes. But the -- filling the vacancies for Mayor and City Commission is also, I think, an important issue, so I don't know. I mean, if we can agree on one of those going before the other, maybe that can work. But, I mean, we're not far away from each other on making a decision on this. Vice Chair Russell: I think if the AG went to the top of the other amendments, so it was GOB, Monty's, AG, and then the filling of vacancies. Commissioner Carollo: Do you agree with that, Commissioner Gort? Commissioner Gort: What did he say there? Vice Chair Russell: We're just looking for the order. Commissioner Gort: Right, right, I understand. Chair Hardemon: Could you repeat them? Commissioner Gort: You want the General Obligation first. Vice Chair Russell: Yeah; General Obligation first; then Monty's second. Commissioner Gort: Monty's second. Vice Chair Russell: And then the Auditor issues third. Commissioner Gort: Yeah. Vice Chair Russell: And then the filling of the vacancies. Commissioner Gort: No problem. Chair Hardemon: That's fine with that? Commissioner Carollo: You good with that, Commissioner Gort? City of Miami Page 172 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Gort: Yes, that's fine. Commissioner Carollo: Okay. Commissioner Gort: Now -- Chair Hardemon: (UNINTELLIGIBLE) ? You heard it; there's the direction. Commissioner Carollo: You got a direction. Mr. Hannon: Thank you, Chair. So -- Commissioner Gort: Let me ask you a question now. We discussed this GO (General Obligation) for a while. We came to a number. My suggestion is, let's all get together with the Administration, looking at what they have so we can come up with the specific. People need to understand how we can take advantage of this, and how are they going to be -- benefit; not only within our neighborhoods, but City of Miami. I know a lot of people are talking about the sea rise and the global warming, and all that, it's kind of BS. It's not. It's happening, and the reports that we get everywhere in the newspaper constantly, they can tell that we are moving on it, and this will help us. So what I'm asking of all of us, let's sit down and let's look at it, and see how we can strategize to really make sure that we can pass this in the benefit of the City. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. Vice Chair Russell: I'll -- let us finish with the direction on the Clerk. Chair Hardemon: That is a -- Mr. Hannon: Thank you, Chair. No, I -- Just so we're all clear: GOB, 1; Monty's, 2; amend Section 36, OIAG (Office of Independent Auditor General), 3; amend Section 48, OIAG, 4; and then filling of vacancies, S. Chair Hardemon: Fine. Vice Chair Russell: Thank you. Commissioner Gort: You got it. Mr. Hannon: Thank you, Chair. Vice Chair Russell: Mr. Chairman. Chair Hardemon: This is DI 4? Vice Chair Russell: No. I just wanted to mention something, just on the tail end of what Commissioner Gort was -- Chair Hardemon: Yes. Vice Chair Russell: Mr. Manager? Mr. Manager, I brought this up when we first started discussing bond issues before -- I mean, Charter issues before. I would like to see us have a budget and concerted effort of communication regarding all of the Charter amendments and ballot initiatives, and would like to receive from you a plan of that communication before it goes out. City of Miami Page 173 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized, sir. Commissioner Carollo: I have an issue with that. I don't want any taxpayer monies going to now a marketing plan for this bond. I mean, we're all elected officials. We -- Commissioner Gort: (UNINTELLIGIBLE). Commissioner Carollo: -- represent constituents. I think we should be able to go out and sell the plan or not sell the plan, but I don't think we should have any taxpayer monies, because if we need taxpayers' monies for a marketing plan, that means this City did not do his homework, which is part of what Commissioner Suarez and myself said originally. So I don't want any taxpayers' money going to any type of marketing plan. Chair Hardemon: Understood. Commissioner Suarez: Agreed, agreed. Vice Chair Russell: Communication; you got to tell your voters what they're going to be voting on. Commissioner Carollo: Yeah. Vice Chair Russell: Not to -- Commissioner Carollo: I don't have a problem doing that. Vice Chair Russell: -- listen, not to advocate; to educate about why -- what is on the ballot, and why. Commissioner Carollo: I can assure you, I'm going to be educating. Chair Hardemon: Because at this -- Commissioner Carollo: And I don't need taxpayer money to do it. Chair Hardemon: But certainly, it is appropriate to educate people about what's on the ballot, okay? Don't play any funny games with advocacy. Vice Chair Russell: Correct. Chair Hardemon: Just education. Funny games, advocacy, don't do it. City of Miami Page 174 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 D1.3 2658 Commissioners and Mayor DISCUSSION ITEM PRESENTATION BY THE CHAIRMAN OF THE BEAUTIFICATION COMMITTEE REGARDING CONSIDERATION AND SUPPORT OF MOTIONS PASSED BY THE COMMITTEE. RESULT: DISCUSSED Chair Russell: RE. 2. Oh, I'm sorry. Is there --? Robert Powers: I have one thing out of order, and the only reason why is because I sit on the Nuisance Abatement Board for the County, and they need me to make quorum. Chair Hardemon: What item is this? Mr. Powers: Mine was Discussion Item 3. Commissioner Suarez: Mr. Chair, maybe I can speed it up. And he has a discussion item with a proposed piece of legislation. I'd like the legislation to come back on first reading at the next Commission meeting, and we can debate it and discuss it at that time. Chair Hardemon: Okay. Sounds like a solution. Commissioner Suarez: Sound fair? Mr. Powers: Good. Commissioner Suarez: Okay. Mr. Powers: No, great. I just wanted -- Listen, thank you very much. Commissioner Suarez: Perfect. That's a direction. Vice Chair Russell: DI 3 deferred? Is that --? Commissioner Suarez: Yeah, yeah. Vice Chair Russell: Okay. Commissioner Suarez: Yeah. Thank you, Bob. Vice Chair Russell: Do you need a motion? Chair Hardemon: No, it's just -- Commissioner Suarez: No. We had it, we had it. That was it. That was DI. 3. Vice Chair Russell: So we did Discussion. 3? Chair Hardemon: He'll draft something, and it'll come back. Barnaby Min (Deputy City Attorney): Yes, sir. City of Miami Page 175 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Suarez: Yeah, yeah, conte back. Chair Hardemon: Right. Commissioner Suarez: Yeah, yeah. Sorry. Chair Hardenzon: We're on the sante page. DIA DISCUSSION ITEM 2662 UPDATE ON THE FINDINGS OF PHASE I PROFESSIONAL Office of Capital SERVICES REPORT, PARTS A THRU D, PREPARED BY R.J. Improvements HEISENBOTTLE ARCHITECTS ON THE RESTORATION OF THE HISTORIC MIAMI MARINE STADIUM. ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. RESULT: DISCUSSED Note for the Record. A motion was made by Vice Chair Russell, seconded by Commissioner Gort, and was passed unanimously, directing the City Manager to work with Mr. Richard Heisenbottle to seek national registry designation of the Historic Miami Marine Stadium. Chair Hardenzon: All right. D14. Commissioner Gort: Can we go home? Jeovanny Rodriguez: Good evening, Commissioners. Jeovanny Rodriguez, director, Capital Improvements. DI4 is a presentation to provide information on the current status of the Miami Marine Restoration Project. We have here with us the representative from Heisenbottle Architects, the architects for the project. And our intent is to give you a very quick presentation. We realize it's been a long day, but we wanted to share with you where we are on the project. We have completed phase one of the project, which it was a final assessment and reporting of the conditions of the stadium. Our intent is to give you a quick presentation of the results of that and what will be the next steps moving forward. So with that, I would like to introduce Richard Heisenbottle, from Heisenbottle Architects. Commissioner Suarez: Mr. Chair, before that, I just want to thank Mr. Heisenbottle and I want to thank Hilario for being here pretty much all day, as well, and braving the elements to be here to make this important presentation. I want to thank you both for doing that. Chair Hardemon: You're recognized, sir. Richard Heisenbottle: Good evening, Commissioners, ladies and gentlemen, and thank you all for your attention at this late hour. For the record, my name is Rich Heisenbottle. I am president of RJ Heisenbottle Architects, with offices at 2199 Ponce de Leon Boulevard, in Coral Gables. On behalf of the entire RJ Heisenbottle Architects team, including the stadium's original architect, Hilario Candela, who should not be sitting in the back of the room like that, I am pleased to submit this Phase One Professional Services Report on the restoration of the historic Commodore Ralph Munroe Miami Marine Stadium. The report is broken down into four parts, as follows: Part "A" is the Building Conditions and Assessment Report; Part "B" is the Building Programming Services; Part "C" is Cost Estimating, and Part "D" is City of Miami Page 176 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Documentation of Existing Conditions. Now, before I get into some of the details of those, I think it might be helpful to just refresh everyone's memory as to the schedule that we're trying to work towards right now that phase one -- it's the first thing on the chart in front of you all on your screens -- was completed today. We marked it as "completed" today, July 27. It was actually completed a little bit earlier than this, at the turn of the -- at the end of June. Phase two is going to be the design and construction documents bidding and permitting phase. And ultimately, we'll be coming back to the City Commission at that point for City Commission construction authorization. That should be completed over the next year; and technically, it should probably be done somewhere around November 27, 2018. Then we would launch into a construction period of approximately 18 months, and the entire project would then be completed around June of 2020. So that was the original game plan going forward, and we are still on that game plan. And I'm going to ask my good friend behind me to hold it down a little bit. The challenge of Part "A " this Building Conditions Assessment and Recommendations Report, was to answer the primary question at hand: Can the Marine Stadium be successfully restored into a safe structure, capable of serving the community's cultural, sporting, and entertainment needs for decades to come? After having completed extensive evaluations and analyses, I am pleased to say that the answer to that question is an emphatic "yes " Moreover, we've identified techniques for cathodic protection of the structure that, if properly maintained, will allow us to substantially extend the building's life span. The -- some of the analysis that went along with this, you're seeing in the slides that are in front of you. We actually took 149 concrete samples from the building. These bucket trucks and scaffolds that you see are actually part of our staff- the Weiss Genny staff, who is actually with us today in the back of the room, also hiding back there at this point, falling asleep with their pillows. Commissioner Suarez: Who's that young man with the rimmed glasses therein the -- in that picture there? Mr. Heisenbottle: Oh, the fellow with the glasses? Commissioner Suarez: Yeah, yeah. Mr. Heisenbottle: I think know him. Don't you? Commissioner Suarez: Yeah. Mr. Heisenbottle: They did a very extensive engineering study to determine the issues and the quality of the concrete, and the extent of the damage to the building. And we now can truly say that we feel very comfortable with the condition of the building, and that it is truly reparable. We also did studies of things like the graffiti removal. As you all know, we have tons of graffiti that have been placed on the building by graffiti artists over the years, and some of them did a very good job, but we have to figure out how to get that graffiti off the building. And so, by using -- testing different opportunities, different products out there, and different methodologies for getting -- removing this, we're able to finally come up with a methodology which uses dry ice that you're looking at there to safely remove the paint without damaging the concrete behind it. So that allowed us to move on to what we call Part "B " Part "B" is, in fact, the programming phase, and the challenge of Part "B" was to answer the second most important question at hand: Beyond the building's original uses, what sort of new uses would the public like to see the stadium used for, and what areas and equipment are necessary to support those potential uses? After meeting with both the community stakeholders, City staff, my extensive team -- there's actually 12 different consultants on this team, Ken -- environmentalists, technicians, structural engineers, I am again pleased to report that we have broadened the vision for potential uses of the stadium to more than 50 different types of events. We all know the original events City of Miami Page 177 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 that were used -- that the stadium was used for. All of us enjoyed those. Willy, you and I both remember these photographs pretty well, because -- But what I'm really proud to say is not all of the things that occurred there in the past -- we know we can do those again -- but through this community workshop that we held, we were able to find new uses for the building, and they fall into different categories. They fall, certainly, into the marine category, the sports and fitness category, the community category, education and nature; and ultimately, entertainment. And while we kind of solute all of the greats that actually once graced that stadium and graced the floating stage in front of the stadium, we believe that, going forward, we will actually be able to have even more events. We know that in --for the last --since Hurricane Andrew, the uses of the stadium have been more limited; they've been limited to the kind of uses we see here: Use of the basin; use for events such as this one, the triathlon; and use of the land side for festivals, such as the one we're looking at right here; and, of course, the boat show, as well. But we went a step further. We invited the community to what we called a "visioning workshop. " The idea of this workshop was to get the community to tell us what they wanted, what they thought was -- they would like to see at the Marine Stadium. And so, we ended up with at least 80 community participants, plus a host of City staff, and they gave us a whole host of suggestions that fall into these categories that I mentioned earlier: Marine and boating, sports and fitness, education and nature, community events, and entertainment. And out of that, we asked them some critical questions: "What is your vision for the future of the Miami Marine Stadium once itis restored? What are your ideas?" And there was no shortage of ideas, I should tell you. We had a whole host of ideas, and usually, they were great ideas. So we went this -- and we took that additional step and actually came up with a list of 50 different things that the community would like us to have this stadium be capable of being used for and ultimately used for. And sometimes, they're as simple as having outdoor movies to yoga classes to using it as a base for cycling and jogging and on -- you know -- and religious events, and the list was just too long to go into here tonight. But we had to understand that list before we could write the program necessary to go forward, and that's what we did next. We've gone this one step further than what we had said we were going to do when we started this, and we test -fitted the spaces that will be required and -- to see how they would fit into the stadium and the floating stage behind the stadium in order to assure ourselves of the program's viability way ahead of the schematic design stage phase. And we're confident that the results will be a restored stadium that is current with the entertainment trends throughout the country, and that the restored stadium will exceed the expectations of both those who perform at the venue and the patrons who enjoy it. And these are just the block diagrams, trying to illustrate where the various kind of spaces will go, and how they will fit as support for the activities that are going to -- that we propose to have there. And, of course, you also know that the City issued a Request for an Expression of Interest for the potential operators. Some of these operators took it upon themselves to comment on some very early, preliminary concept drawings, and I'm pleased to -- and they made some excellent suggestions, I might add. And we went -- we want you to know that we took those suggestions very seriously, and we made some significant adjustments to our plan to recognize and incorporate many of those good suggestions. The challenge of Part "C" was to establish a budget/cost estimate based upon the actual building repairs and the actual program needs so that we can answer your next most important question: What will it cost? To accurately establish that budget/cost estimate, we worked for a long time with our cost estimating consultant, JA Conklin and Associates -- someone we worked with for over 35 years, I think, Hillary -- reviewing the restoration quantities, the spaces, the uses, the equipment, the requirements, examining every aspect of the construction; even the floating stage; even getting prices to build the floating stage. And the result is an estimated construction cost of $40 million, inclusive of a 10 percent contingency. So generally, the numbers that were being suggested earlier by staff have been proven out by a very detailed cost estimate that stands about yea thick, and there's the summary of it right there. Now, the challenge of Part "D " while it City of Miami Page 178 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 may seem a bit mundane, Part "D" was no less daunting; developing an existing conditions documentation. What's built out there, and how do we begin to work with it? You can imagine Rich standing on top of that, trying to measure the concrete. Those days are gone. We have a new way. So it was to document the existing physical condition of the entire building and turn it into a three-dimensional computer model that could be used for preparation of both design and construction documents going forward. We did this by using a laser scanner, which you see in this -- on the left side of the photo over there -- and with both fixed equipment and drone equipment to access virtually all areas of the structure; and ultimately, converting the resulting point cloud drawing that -- diagram that you see on the -- not drawing -- the point cloud is really a compilation of dots -- into a highly accurate computer model. So what you're looking at is a laser point cloud, and what the result is, is a very detailed model that gave -- that gives us the -- every detail of that building, every slope of the roof in extremely accurate dimension. Now, the final results of our phase one analysis or recommendation should be considered highly successful. We have confirmed beyond a shadow of a doubt that we can do what we have been dreaming about for many years, and that is to restore and transform the iconic landmark, Marine Stadium, the venue cherished by so many Miamians, and others throughout the nation, back into the active, unique, and economically successful community asset that it once was. It will be an even -- an ever-present symbol of the City of Miami and her people. Now, in closing, I want to leave you with some images of the Bregenz Festival, which is held annually in -- since 1947, mind you, at a waterfront amphitheater in Lake Constance, Austria. And you can imagine how magnificent going to one of these sorts of festivals might be; this, on a lake, and it is a huge amphitheater so that you're -- that we're actually looking at right there. And this spectacular event is attended by people from all over the world. And it is our hope that the restored Miami Marine Stadium will someday be able to host similar spectacular events. Today, I'm proud to recommend to you that you not only proceed with authorizing the design and construction documents, preparation work to continue, but that you also authorize staff to allow me the privilege of nominating the Miami Marine Stadium for listing on the National Register of Historic Places. The National Register designation will serve as a symbol of the stadium's architectural, historic, and cultural significance, and as a symbol of Miami and the spirit of her people; will also make the stadium restoration eligible for Federal tax credits and State historic preservation grants. I'd like to thank the City staff for taking a personal interest in this project and working closely with us and with our team throughout the process. It has been our pleasure to work with them. And should the Commissioners, any of you have any questions at all, we have Architect Hilario Candela, as you know already; but also our structural engineers, Debra Slayton (phonetic), Leondro Echeverria, and -- of Weiss Genny, who will be delighted to answer any questions that you might have. Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: I just want to briefly say that we're excited. You know, I think Miami has become a event destination, and I think this is going to be a premier event space. And so, you know, I don't -- I can't speakfor everybody, butl'm excited. Chair Hardemon: Certainly one of the best -- I think about other cities that have create amphitheaters -- Commissioner Suarez: Yeah. It's nothing like this. Chair Hardemon: -- but, I mean, it's -- we're restoring one City of Miami Page 179 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Suarez: It's nothing like this in the world, probably. Chair Hardemon: It's just -- yeah. It's awesome. Mr. Heisenbottle: And it's iconic already, and I can -- Commissioner Suarez: Right. Mr. Heisenbottle: -- imagine lighting this. Part of our scheme will, in fact, light the building at night, and it becoming just as iconic as many great buildings around the world, like the Sydney Opera Houses to -- in Sydney, Australia. Chair Hardemon: I'm just -- You know, and those are all very awesome examples. I'm just excited to be able to say to my chief of staff that I saw a concert there, as well, because he talks about it all the time. So it's an amazing thing, in all of our neighborhoods, especially the ones that have cultural significance, to be able to restore glory to these places, where we can go back as young people and older people to either relive or have the experience that people had back then. And so, I think that it's awesome to see Miami mature this way, and not deteriorate. Vice Chair Russell: Thank you. It's a testament to the architecture that it's still standing after all these times and all this -- and hurricanes. And it's very -- it's comforting to know after your studies that it is viable, that it is structurally sound, that we can moveforward; and so, it's a dream come true. Congratulations. Chair Hardemon: It's like the old houses here. They just -- they stand through the test of time; they really do. Commissioner Gort: Let me ask a question. To me, lighting is very important, and this is the one site that everybody coming in, in a plane, is going to be able to see. Is there any type of lighting performance that you're going to have, permanent? Mr. Heisenbottle: Well, we -- absolutely, yes. I mean, one of the first things that we did as we were assembling this team, this team of 12 different consultants, which is actually -- deovanny doesn't know this yet -- but has expanded by three more consultants. We've added -- we've had to add a few more; security is one of them. Yeah, they're all necessary, buddy. But, yes. We have a group out of New York, Fisher Marantz, who is an internationally -known lighting design firm, and their job is not necessarily to do the theatrical lighting. We can do that, but -- not to do the architectural lighting; it's to do the real architectural lighting that will allow us to, you know, up -light this building and make it significant as one drives by, you know, on the causeway and -- by boat or by air. So they're part of the team, and we're going to watch every little lightplacement on the job to make sure it's perfect. Commissioner Gort: Thank you. Chair Hardemon: Sir, you're recognized. And they memorialized you on this structure, as well. I saw that; that nice piece of artwork. Hilario Candela: Well, it's wonderful to see my baby, you know, coming back again, so thank you all. Thank you, the City Administration and everyone for this wonderful gift. I'd like to leave you with a thought: It was important on December 27, 1963, on the day of the inauguration that the Marine Stadium was giving the community a whole new set of opportunities to enjoy itself, to celebrate; and at the same time, be watched by the entire nation this new city, this new community that was really being at the top of the tourism industry in this country. It was wonderful to see just on this wonderful open space on the edge of the water; and at the same time, looking at the City of Miami Page 180 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 City of Miami downtown, growing and growing and growing, and it was changing every day; and how people very quickly adapted the space and adopted it, and made all the changes. But I think it's really -- think about it -- it's more important today. I've been reflecting on this. It was important in 1963. It's more important in 2020, when it will be fully restored, because the City has changed in such a fashion and the density has increased so much that the open space of a stadium -- the open public space of the basin and the stadium and the reflection, and the manner in which people will use it is more important than ever in Miami. Commissioner Suarez: Agreed. Mr. Candela: So maybe you were all very wise, or maybe the angels were very wise in waiting for it to happen right now. So congratulations to all of us Miamians. Commissioner Suarez: I don't know who was wise, but I have to say there's a lot of wisdom in it. Mr. Candela: I'm sorry? Commissioner Suarez: I said, I don't know who was wise, but I agree; there was a lot of wisdom in it, because Miami is evolving, and these kinds of spaces are premier• like everybody wants these kinds of spaces now, and a lot of our spaces are sort of overflowing; they're sort of at the seam. So this is like perfect timing. Mr. Candela: No, I really -- I've given it a lot of thought. And the other thing that I have been giving a lot of thought is, if I think of my privilege, my tremendous privilege designing it, and 54 years later, saving it and putting it together again, that -- Only in Miami, right? Commissioner Gort: You got it. Mr. Candela: Congratulations. Thank you. Vice Chair Russell: Mr. Heisenbottle, did you say you were seeking direction from the Commission to the Manager regarding the designation, or is that something for later? Mr. Heisenbottle: And allow me to make sure that the --for the transcript -- Hilario introduces himself for just a moment so that they don't think I made that wonderful statement. Mr. Candela: Hilario Candela, architect; the original designer for the stadium. Thank you. Mr. Heisenbottle: And Commissioner Russell, I was suggesting -- and strongly -- that we support a National Register designation of the structure. The report is actually half written, sitting in the State Preservation Office. It would be nice to just -- it would really be nice to just pat them on the back and say, "Please, please, " you know, "send this off and handle getting it properly put on the National Register, where it belongs. " There's not one down side to it, really; it's only an up side. Vice Chair Russell: So moved. Commissioner Gort: Second. Commissioner Suarez: Second -- Third. City of Miami Page 181 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: Seeing no further discussion about it, you want to --? Vice Chair Russell: Encouraging the City Manager to work with Mr. Heisenbottle to seek National Registry -- could you --? Mr. Heisenbottle: National Register designation. Vice Chair Russell: National Register designation of the Historic Marine Stadium. It's very late. Mr. Heisenbottle: Thank you all very much. Chair Hardemon: All in favor; say "aye " Commissioner Gort: And thank you. The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Ms. Mendez: Chairman. Chair Hardemon: We have a shade meeting. Dolly Maclntyre: Excuse me, Chairman. May I just make a quick reference here? I want to remind you all that a year or so ago, we were talking about the stadium, and we were talking about selling the seats for a thousand dollars apiece, with your brass label right on it. And I think, unanimously, each Commissioner said they would buy one. I'm reminding you, so we'll be coming after you. Chair Hardemon: I said that? Commissioner Gort: They're selling them (UNINTELLIGIBLE). Vice Chair Russell: Thank you, Dolly. Chair Hardemon: You must have a memory better than mine. AkiUZ9703761'1011111*11107kiIk9:4iv, 61 City of Miami Page 182 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 PART B: PZ - PLANNING AND ZONING ITEMS) The following item(s) shall not be considered before 2:00 PM PZ ORDER OF THE DAY Chair Hardemon: Attorney, can you read into the record the PZ (Planning & Zoning) -- Barnaby Min (Deputy City Attorney): Yes, sir. Chair Hardenzon: -- items? And then I'll have the Clerk swear everyone in. Mr. Min: Yes, sir. PZ 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 286.015 and Section 7.1.4.5 of the Miami 21 Zoning Code. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for 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 an 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 recommendations they may have. All persons testing must be sworn in. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. If any Commissioner thinks a document supplied to the Commission less than seven days before merit a continuance, the item may be continued by the City Commission. Thank you, Mr. Chair. Chair Hardemon: Thank you very much. Mr. City Clerk. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you'll be speaking on any of today's Planning & Zoning items, may I please have you stand and raise your right hand? City of Miami Page 183 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items; after which, said oath was translated by the Official Spanish Interpreter. Mr. Hannon: Thank you, Chair. Chair Hardemon: Thank you very much. City Administration, are there any continuances, withdrawals, or deferrals on the Planning & Zoning Agenda? Mr. Min: Mr. Chairman, if you can pass that for a moment, we'll find Mr. Garcia to answer that question. Later... Chair Hardemon: Mr. Garcia, if you're ready, we're asking for the -- what is going to be continued, deferred, or withdrawn. Francisco Garcia: Yes, sir. Thank you. With your indulgence, I will allow --well, a few seconds for my laptop to activate. I'll introduce myself for the record. Francisco Garcia, Planning & Zoning director. And the cases that we are considering for withdrawal, continuance, or deferral are as follows: I am advised by the applicants that item PZ.1 is being requested to be withdrawn. Item PZ.3 is being requested for an indefinite deferral. Items PZ.4 and S, I believe, are also being requested for a deferral; possibly an indefinite deferral. Items PZ.6 and PZ.7 are being requested for a deferral for four months; that's 6 and 7. Items 10 and 11 are also being requested for a continuance, if I'm not mistaken. I stand to be corrected, possibly, by the applicants in this case. Chair Hardemon: That's 10 and 11 ? Mr. Garcia: Is it a continuance? Unidentified Speaker: Yes. Mr. Garcia: Thank you. Very well. And we will put specific dates on these, if you will allow me, in a moment. I simply wanted to go through the ones that I have noted, and then the applicants will speak as to any specificities, as appropriate. And in the case of some items, I'll add parenthetically I know that there isn't necessarily agreement, so you'll have to hear that testimony. Items PZ. 14 and PZ. 1 S are also being requested to be deferred; in this case, that's a City application. Chair Hardemon: You said which ones? Mr. Garcia: 14 and 15. Chair Hardemon: 14 and 15. Okay. Mr. Garcia: Item PZ. 16, we know is requested to be con -- rather deferred in this case to the first meeting in the month of September. Item PZ. 18 is also being requested for a deferral, and item PZ.20 is also being requested for a deferral at this time. And then, what I'd like to do, with your permission, Mr. Chair, is to ask any of the parties involved in any of these particular matters -- because I don't have the dates yet -- to please insert those into the record for your benefit and consideration. Commissioner Suarez: So moved, subject to their agreement on dates. City of Miami Page 184 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: Seconded by the Chair. Mr. Hannon: And Chair, I'm sorry. I need to -- I'm not clear as to what some of the items are being deferred to. Commissioner Suarez: That's what we're talking about. Mr. Hannon: Okay. Commissioner Suarez: We're still going through that, I think. Chair Hardemon: Okay. So what we'll do is we'll do it in order. Item -- Well, Number 1, PZ.1 was withdrawn; is asked to be withdrawn. Then 3 is a deferral to what date; PZ. 3? Mr. Garcia: That request is for an indefinite deferral; that would be six months by -- or sometime before that, if appropriate and ready. Chair Hardemon: Okay, so indefinite deferral. 4 and 5? Is there a date on 4 and 5, or is it a deferral? Mr. Garcia: I believe Mr. Fernandez is here, on behalf of the applicants. Ben Fernandez: Hi. Ben Fernandez, 200 South Biscayne Boulevard. Yes, that would be an indefinite deferral. Commissioner Suarez: What was 3? What was 3 and 2? Commissioner Carollo: Indifferent --indefinite. Commissioner Suarez: 4 and 5 is also indefinite? Chair Hardemon: Right. So 4 and 5 is an indefinite deferral. We'll get there. Mr. Garcia: As pertains to 6 and 7, I do have information from the applicant that the request is for four months. Chair Hardemon: So items 6 and 7, four months. Mr. Hannon: I have that as being November 16. Chair Hardemon: Item 14 and 15? Mr. Garcia: No. That would be 6 and 7. I'm sorry. Chair Hardemon: No, no, I'm moving on to item 14 and 15. Mr. Garcia: Oh. Thank you. Commissioner Carollo: We have -- we should be saying item PZ.8 and PZ. 9, also, and that would be indefinite deferral; however, with the direction to the Administration to do -- I don't know if you call it a comprehensive study, but a study of that area to see if it should be done as a whole, as opposed to property by property encroaching. Mr. Garcia: Glad to do so, sir, certainly. City of Miami Page 185 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: Yeah, well, let's go (UNINTELLIGIBLE). Mr. Garcia: This would be 8 and 9. Chair Hardenzon: So that's 8 and 9. Commissioner Carollo: That's 8 and 9, indefinite deferral, with a direction to our Administration to do a comprehensive study in that area to verify what zoning that whole area should be. Chair Hardemon: Then we have 14 and 15. What was the dates on those? Mr. Garcia: That would be the City Attorney's Office request -- Mr. Min: Right; to October, please; the October PZ meeting. Chair Hardemon: Okay. Mr. Hannon: That'll be October 26. Chair Hardemon: PZ. 16? Mr. Garcia: That would be for the first meeting of the month of September, please. Chair Hardemon: 18? 18? Mr. Garcia: Oh, I'm sorry. Item 18. Item 18 is the Coconut Grove Playhouse appeal. If representatives are here, I'd love to hear from them; otherwise, I have noted that October 26 is the desired date, by default, sir, because I do have it on my notes, as submitted by the applicants, October 26, please. Chair Hardemon: October 26? Mr. Garcia: Yes. Chair Hardemon: Okay. 20? Mr. Garcia: Yes, sir; 2-6. Oh, sorry. Item PZ.20 is also being requested for a deferral. I believe the applicant is here. Iris Escarra: Hi. Good afternoon. Iris Escarra, with offices at 333 Southeast 2nd Avenue. I represent the developer of the site. We received an approval in April. We went before the PZ Board in May. We were scheduled here today. Mr. Gibbs represents the appellant, who has asked for a deferral, and we're okay with the deferral. However, we are asking for a September 14 --first meeting in September date, and Mr. Gibbs has a different date. Tucker Gibbs: Well, I just want to clarify something. I was -- Vice Chair Russell: Which item, please? Mr. Gibbs: This is item 20. Chair Hardemon: 20. Mr. Gibbs: I'm representing Biscayne Towing, who is the neighbor. We filed the appeal, but we didn't ask for the deferral. This is an error made by the City in City of Miami Page 186 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 notification, and the notification went out in error. I spoke to the Hearing Boards Office when it happened, and I said I had no problem; I would just conte up and ask to defer it. But the original time was going to be the 27th. My client is not in town on the 14th, and my client is the appellant. He wants to be able to testify. Chair Hardemon: So the 27th of -- Mr. Gibbs: Of September. Chair Hardemon: -- that's the next like meeting, right? Mr. Gibbs: Yes. Chair Hardemon: Okay, that's when it'll be. Ms. Escarra: Or the 28th. Mr. Gibbs: Or 28th. I'm sorry. I apologize. Chair Hardemon: Whenever the next like meeting will be. Mr. Gibbs: Yes. Thank you. Chair Hardemon: So -- Ms. Escarra: And I'm just asking -- Our client has been waiting in order to be able to proceed with this development. It's an economic hardship for them to have been carrying this property through this appeal process, and it's already been six months. Chair Hardemon: Understood. Ms. Escarra: Now, we understand he's not here in town, as well, today, and we're okay with the deferral. It was my understanding that Mr. Gibbs had requested the deferral, so I apologize if there was a misunderstanding with staff, but I thought it was their request. But we would ask to, please, for the courtesy of at least the two weeks. It makes a big difference for our developer to be able to proceed. Chair Hardemon: So 10 and 11 is a continuance, so I'm assuming it's the next like meeting. Mr. Garcia: I believe that's the case, yes. September 28 is the request, sir. Chair Hardemon: Okay. And then some continuances from the dais; withdrawals or deferrals? Vice Chair Russell: Yes, Mr. Chairman. Chair Hardemon: You're recognized, sir. Vice Chair Russell: PZ. 12 and 13, Day Avenue properties, defer to second meeting in September, please. Chair Hardemon: Are there any other items? So the mover and the seconder will agree to all the language that's been -- Commissioner Suarez: Yes. City of Miami Page 187 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: --proffered? Commissioner Suarez: What was --12 and 13, what was that to? Mr. Garcia: September 28. Chair Hardemon: All right. All -- Ms. Escarra: IfI may, clarification on the one -- on PZ. 20. Chair Hardemon: 28th. Ms. Escarra: 28th of September. Chair Hardemon: The -- So as I understand, for item -- is it 4 and S or 6 and 7? Mr. Hannon: 4 and S. Chair Hardemon: 4 and S? So typically, when we're having procedural motions, we don't allow any discussion from the public or anyone, even -- I mean, are you a part of the applicant, or -- Jeffrey Bash: Chairman Hardemon, if I may address you -- and my neighbor. We are, by the Zoning Code, qualified intervenors. In the past, we have been able to speak. Today, you are granting the seventh Commission level deferral for this item that has put the neighborhood in distress, in uncertainty for the past eight years. May we please make our four -and -a -half -minute presentation to you? Chair Hardemon: That means that you won't be making your four -and -a -half - minute presentation later? Mr. Bash: I'm sorry? Chair Hardemon: You won't be making your four -and -a -half presenta -- minute presentation later? If you present today, are you telling me you won't present the next time this is being heard? Mr. Bash: We have two requests from you, and we have a lot of information for you that I think would be important to you, as guardians of our community, the Commission -- Chair Hardemon: No, but -- Mr. Bash: -- here and our tax dollars. Chair Hardemon: -- understand me. Understand what I'm saying to you. Right now, we're moving to continue this to another day, which means we won't be making a decision about this. You want to present your four -and -a -half -minute presentation today. What I'm informing you of is this: If you do it today, I won't let you do it the next time this is up. So when we're making our decision about this, the fact -- what you laid on the record will be on the record, but you won't be making this presentation again. Mr. Bash: I'm perfectly fine with that and -- Vice Chair Russell: Mr. Chairman. City of Miami Page 188 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Bash: -- I stand corrected. It's not a presentation. It is a four -and -a -half - minute speech, if you will allow us, with all due respect. I don't need to speak next time. Chair Hardemon: Vice Chairman. Vice Chair Russell: Mr. Chairman, I -- this item is in my district. I believe the residents would like to speak on both the substance of the issue, as well as the deferral itself, and I think today, what's important to us, if we're taking action on the deferral, that we just limit it to hearing about what your issue is with the deferral, because I believe this is going to generate a legal services request from my part, because I believe there is some confusion, and I haven't been able to get clarity from the Administration yet on this issue about the deferral that you're bringing up. So I would like to hear it, if it's okay. Chair Hardemon: You can hear that. Mr. Bash: So may we speak? Vice Chair Russell: Yes. Mr. Bash: Okay Vice Chair Russell: On the deferral item, the deferral portion; not the content or substance of the application, but on the decision to defer, the action of deferral. You have comments about that; that I know. Mr. Bash: Have you taken a vote and made a decision on a firm deferral for this item in advance of us having an opportunity to speak? Then, may we speak what we would like for four and a half minutes, please? We are both qualified -- Chair Hardemon: We haven't made a decision yet. We're considering the deferrals of all these different items, and your item is one of them. Mr. Bash: It's restricted to four and a half minutes, and my concern for you is that you may feel in this process that I may be speaking about the merits of the project, which never should have been considered anyway for this up -zoning that's been going on for eight years, but in the end, you're going to understand, because the only reason I'm speaking about a bit of the merits of it is so that you can begin to wrap your head around the idea of the distress and the uncertainty that this has put our community and the abutting property owners; qualified intervenors as we stand before you, by definition of the City of Miami Planning Zone [sic], and I beg, with all due respect, that we may be allowed to say what we need to for four and a half minutes. And, please -- this woman, her husband unexpectedly passed away, and it's her first time before you, addressing the City Commission. Very recently, under -- Chair Hardemon: So I'm trying to understand, then. What's the reason why there's a need for a continuance in this item? Mr. Bash: Sir, if you would just let us -- we would have been done by now. Chair Hardemon: Sir, please. What's the reason for the need for the continuance? Mr. Garcia: I will defer to the applicant, sir. The request was from the applicant. Chair Hardemon: So they want the continuance? City of Miami Page 189 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Garcia: The request was from the applicant, sir. Chair Hardemon: So you asked for the continuance? Mr. Bash: I'm sorry? Chair Hardenzon: Who asked for --? Can you step to the lectern over here, sir; please? Mr. Garcia: The applicant for this item is Mr. Fernandez. Mr. Fernandez: Thank you. Commissioners, Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the applicant. We're requesting a deferral because we have a project that has the potential to improve traffic circulation at this important intersection within the City of Miami, doing so by providing additional right-of-way for the 38th Street right-of-way that meets Biscayne Boulevard at this important intersection. We've been working with the Department of Transportation, meeting with them, and considering options. To date, we haven't been able to reach an agreement with the neighbors. That process has been on hold for a while, but we truly believe that this is a viable project, and that the improvements are worthy of a deferral. Chair Hardemon: What do you think, Mr. Vice Chairman? Because if they're going to go and speak on the merits, then why not --? Vice Chair Russell: I really don't want to hear about the merits of the item. I know you have very valid issues with the merits of the item, but it's not fair to the applicant if you get to speak negatively about the merits of the item and they don't have an opportunity to defend themselves. We're actually not hearing the item. Now -- Mr. Bash: It's not negative. Vice Chair Russell: It doesn't matter. Mr. Bash: It's just facts. It's where -- Vice Chair Russell: I understand, but it doesn't matter. The issue we're taking action on is the deferral of the item. And I actually have -- and I do have incredible sympathy for you as a resident. Having to come here every time and then have it deferred is very difficult. And so, I know that's what you have an issue about in most part, because it's not being heard today. You're not able to deal with it and get a decision from us. So that's what I would really like to hear from you about, is the deferral. Barbara Pittman: But he is coming -- he is approaching you now today to defer yet another time, using yet another reason. He's now using the reason of providing better traffic flow. That is not going to be the case. The case -- they keep deferring; seventh time. We've been doing this for nine years. We all prepare. We work hard. Everyone in the neighborhood spends days and days and days getting back up to speed regarding this, and they keep deferring it. It's a hardship on us. We don't know what's happening in our backyards and it keeps getting deferred, and we'd like to either have you make a decision to stop the deferrals, or to terminate the application and let's start over. But this deferral every time -- and causing us the stress of preparing for it every time. Mr. Fernandez: Mr. Chairman, I have to clarify the record. We're here because the process requires that we revisit the Commission every six months; that is part of the City of Miami Page 190 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Miami 21 Code. We requested an indefinite deferral the last time, and that is what we're seeking this time. The reason we're here before you is simply to meet the requirements of the Code. We've also spoken with Andres Saltabi (phonetic), advised the neighborhood associations that we are seeking a deferral, so there's really no reason for them to be here, because we never intended to present today. Vice Chair Russell: Understood. Sir, did you have anything to say about the deferral itself, other than what was just spoken? Ms. Pittman: Other than what we just said. Mr. Bash: Yes, I do. And if I can reduce it to four minutes, and we won't --we can reduce the 30 seconds that Barbara would like to say at the end of this, if that's, sir, you wish. If you choose to interject and object to anything I have to say here, a prepared statement, you know, please do so, and I'll do my best to skip on, okay? Chair Hardemon: I want you -- Mr. Bash: My name is Jeffrey Bash. I live at 448 -- I'm sorry? Yes, the -- Chair Hardemon: Just that we -- Mr. Bash: I came here today to speak in the -- I came here at 9 a.m. this morning, because four members of my District 2 Commission office told us in the meeting at 10:45 a.m., when we finished that meeting on Tuesday, four members of that office told us to come here and speak at 9 a.m. All of our community members were here at 9 a.m. I came here at 8:30 this morning. We checked in with the Clerk's Office, who told us you would most likely not allow -- it would be up to you if you're going to let us speak on a PZ item. Chair Hardemon: No. Mr. Bash: We have been on the phone since Tuesday with our Commissioner's office of what time to be here today to address this. Chair Hardemon: I understand. Mr. Bash: So we all left at 9 -- like about 10:30 this morning, went home. We came back here prepared for 2 o'clock. It started at 3 o'clock. Not all of us are here now. The two of us are here. We have a prepared speech, and with respect for you to try to keep it to the four minutes, and I can do it in three minutes and 56 seconds, if you allow me. I did want her to have a first-time opportunity to address you for 30 seconds. Chair Hardemon: I just want you to understand something. As a qualified intervenor -- right? -- you have the same sort of duty that the applicant has in following the procedures that we provide here as a Commission. So, therefore, if we're talking about a motion for continuance, which is what is being put before us, that's the only thing we should be considering. We -- typically, we don't -- We disallow the discussion about the merits of it, because we're not here to discuss the merits of it. And so, that's why, you know -- Mr. Bash: Let me ask you something. In my statement to you, am I allowed to say that -- Would you object when I say --? Chair Hardemon: I wouldn't object. I'm not the objector. They would object. City of Miami Page 191 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Bash: I'm sorry. Would you not like to hear from me that this gentleman proposes a 292 foot tower behind our homesteaded properties? Chair Hardemon: Yeah, I just want -- Mr. Bash: Would that be an objectable [sic] thing to say -- Chair Hardemon: It's not relevant. Mr. Bash: -- in our speech? I'm sorry. Chair Hardemon: It wouldn't be relevant in a motion for continuance, no. Mr. Bash: But would you -- Is it inappropriate, based on what you're asking for right now, to try to explain why we are in the distress as long-time property owners and homestead of historic nature properties in our neighborhood, and you -- For eight years, we have been in -- Chair Hardemon: You know -- Mr. Bash: -- ifI could just say my four -- Chair Hardemon: Say it State your four minutes. Mr. Bash: -- three minutes and 56 second speech? Chair Hardemon: Say your three minutes and 56 second speech. Ms. Pittman: Can I ask a question; just ask a question? How long can they defer? How many more times can they defer? Chair Hardemon: It's truly up to the board. Now, that's a more appropriate -- Ms. Pittman: Okay. So -- Chair Hardemon: -- line of questioning, because what we can say is the -- if the district Commissioner especially -- Ms. Pittman: I understand. But how long --? Chair Hardemon: -- wants to -- if he wants to say, "Well, we're not going to have any more indefinite deferrals after this one, " this is your last one. Ms. Pittman: Okay. Can we askfor that? Chair Hardemon: You can ask for that. Mr. Bash: And that is part of our speech that we're going to end up asking you, okay? Ms. Pittman: That's all we want to askfor; is -- Chair Hardemon: But -- Mr. Bash: If I may go forward? Chair Hardemon: -- we were trying to do that without the speech, but -- City of Miami Page 192 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Bash: Okay. Chair Hardemon: -- go ahead. Mr. Bash: What did he say? Ms. Pittman: He said, "We were trying to do that without the speech" -- Chair Hardemon: Go ahead. No, no, please go ahead. Mr. Bash: Okay. So my name is Jeffrey Bash, 448 Northeast 39th Street, Miami, Florida. Ms. Pittman: Barbara Pittman, 452 Northeast 39th Street, Miami, Florida. Mr. Bash: Good afternoon, Chairman Hardemon, Vice Chair Russell, and Commissioners. Ms. Pittman and I are abutting homestead property owners and qualified intervenors, according to Miami 21 Zoning Code, with regards to PZ Number 4 and 5 in the agenda today. These are up -zoning and a land use change request to the Comprehensive Plan. This is an application that originally did eight long years ago in 2009, and the applicant has been granted six deferrals prior to the one you grant him today; by my understanding, number seven, at the Commission level. These items were last on your agenda January 26 of this year; and we have, six months later, for the seventh time, with absolutely no information on the status or intentions of the applicant. Furthermore, the applicant emailed the community December 2, 2016, stating, "Do not contact us for any further information. " You've been distributed a copy of this memo, this email. It was sent -- and copy to Ben Fernandez here -- by the owners, themselves. This outstanding request is even greater than the recommended zoning of our neighborhood in the City's own Master Plan. If this illegal spot zoning for one small landowner were to be approved, it would be building commercial use intrusion deep into our neighborhood, abutting our homesteads. It would provide for 25 foot first floor commercial use, which alone is higher than our homes and many of the condos in our T4 -R zoned neighborhood. This (UNINTELLIGIBLE) provide the necessary parking garage to accommodate the 292 foot tower on 38th and Biscayne, which is one of Miami's worst congested intersections, and that's before the 30 plus daily trains will soon add to the traffic gridlock there. Somewhere along the line, City leadership has determined that six months maximum deferral should be sufficient for an applicant to prepare to address their item when the applicant needs additional time. However, this application has lingered far too long and has caused years of distress for the neighbors and their community, as well as serious level of uncertainty about the future of our neighborhood. Commissioners, are our elected officials going to turn our low density T4 -R neighborhood into a commercial district; T4 -L or T5-0, as proposed? This process is long overdue for a first reading before you so that we may present our strong case against the up -zoning. In December 2016, the applicant emailed that the residents of the community not to contact them again. We have received unofficial indication from City Administration that the applicant may be requesting their seventh deferral today. We are -- we were uncertain till the moment we arrived here. You should also know that when the Hearing Boards Office recently reached out to Ben Fernandez, legal representation to advise the applicant required to place -- be placed on today's agenda, because the six months, based on their last deferral of January 26 of this year, and Hearing Boards requested the updated mailing labels to notice the community, the $1,500 fee for the Miami Herald ad, plus certified mailing fees, et cetera. The applicant, Mr. Ben Fernandez, I'm told by Hearing Boards, refused to pay the customary fees, stating an interest to again continue these items. Having not experienced an applicant refusing their public notification fees City of Miami Page 193 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 before, the Hearing Board staff created the updated mailing list labels. They did a typo on my address, and I never got notice, as did other residents of 520 Northeast 38th Street, in the 500 foot radius. Paid for -- The City paid for the $1,500 Miami Herald ad, and approximate $4 fee for each certified mailing. As of today, the director informed me these required dues have not been paid to the City. What right, Commissioners, does the City have to spend -- What right does the City have to spend taxpayer dollars for the applicant's dues? If this were any one of us in the general public, we would not have been granted today's hearing, nor deferral. Our application would likely have been terminated. We respectfully ask our elected officials, as guardians of our community and tax dollars that you vote to terminate the application for PZ. 4 and PZ.5 today. If you should elect not to do so, we ask that you allow no further deferrals beyond number seven, today. The applicant has recently leased the building to a new client, and the building is undergoing extensive renovations, with permits this time, that would indicate that there is no new term intention of going forward with their application at this time. With all due respect, thank you. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you. And thank you, Mr. Bash, for your comments. Asa resident, I know the frustration and difficulty it is when you are concerned about development in your neighborhood, and you are constantly on guard. Mr. Bash: Absolutely, in the neighborhood; beyond the Comprehensive Plan. Vice Chair Russell: If I may. I understand your frustration, and I understand how difficult it is as a resident to come to City Hall, take time off from work to try to state your point of view, or object to whatever is going on here, which is your right. But it's not your job. On the other side, it is their job; it's their mission as -- to develop the area, for their attorneys to advocate on their behalf. You're at a disadvantage, and I believe your question had to do with Article 7 of Miami 21, where the City Commission has an obligation to act, and that if the City Commission doesn't take an action that the item is deemed as denied. And you brought that to my attention, and it sparked my curiosity. So I'd like to ask our City Attorney to weigh in on this, and if they don't have a definitive answer at this point, if there's -- if the Code is unclear, I would like to get clarification, because it is very dificult for residents to constantly be on guard and coming over and over, and deferral after deferral. In this particular case this was an administrative deferral that just woke up, because when we say, "indefinite deferral, " it automatically pops up at six months, and we have to deal with it just in this administrative way to say, "Push it off for another six months. " And if you hear of that several days in advance, and you trust in your Commissioner that it won't be heard, you don't need to march on City Hall; you don't need to get your defenses ready. You can know it's just not going to happen. They're not ready to bring the item, so there's no way for us to hear the item. Now, the question is, what triggers that 12 -month ticking clock, during which time we have to take an action before it disappears? And I've heard a couple different things now. So, for example, the Code says after first reading, it must be decided within 12 months. But have we had first reading? Have we had first -- Have we heard first reading by taking this action right now? And that's what I'd like to get a definitive answer from the City Attorney; and if we haven't, the clock hasn't started ticking. While I do understand your frustration, when first reading happens is when you need to be here to defend the substance of this item; not with regard to deferrals. But I -- Unidentified Speaker: (UNINTELLIGIBLE). City of Miami Page 194 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Min: Commissioner, in response to your question, the previous discussions that have been conducted by the Commission have been limited to procedural issues, and not substantive issues, so because there's been on substantive discussion, no substantive presentation, no substantive -- the title has not even been read into the record -- the first reading has not yet occurred. Vice Chair Russell: I would like to know what that trigger is, because if we have discussion, but we don't take an action, has first reading occurred? Mr. Min: Once there is a substantive presentation and discussion, and consideration, that is when it occurs. Chair Hardemon: When you say, "consideration, " you mean a vote to move it from first to second reading; is that what you mean as "consideration" Mr. Min: Okay. Miami 21 does not necessarily say, "vote, " and it does not say, "after it passes on first reading, " so that's where it's open for interpretation. But it does say, "after first reading. " And also, just to clarify, because there was discussions about 12 months, it further says when it's a zoning change, it's an additional 12 months, not including the month of August, so that's a total of 26 months from after it -- the substantive discussion on first reading. Vice Chair Russell: So, Mr. Chairman, ifI may? So to understand correctly, in your opinion, if we were to start discussing it, but then choose to defer it, would that trigger the clock? Mr. Min: I would lean towards "yes. " As an example -- only as an example -- I know we've had a very lengthy discussion on Day Avenue in the past. Assuming this were that type of a presentation, where there was, you know, public hearing, a presentation by the parties, but no actual vote, because the vote was pushed off to another day, then, yes; I think that is an example of when substance has been discussed. Vice Chair Russell: I'd like to get an LSR (Legal Services Request) on this, written, and if we need to amend the Code to make clarification, this would give a lot of relief, I think, to our residents who do feel that they don't know when to come or not come, and how long an item can linger and go on until it has to be taken action or die. Mr. Min: We will respond, sir. Vice Chair Russell: Thank you, sir. Chair Hardemon: Okay. So, still, we have the motion on the floor, as was previously stated, with the agenda items that we discussed on the record. Is there any further discussion from the dais? Vice Chair Russell: I have a question for the attorney of the applicant. Chair Hardemon: Sure. Vice Chair Russell: For an indefinite deferral of six months, which is what you're requesting, will you be ready to bring this item in six months? Chair Hardemon: Sorry, go ahead. City of Miami Page 195 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Fernandez: I would have to check with my client. We're working on it, but I believe that we would be. Is that correct, Mr. Bloomberg? Vice Chair Russell: Thank you. I will guarantee that we will have substantive discussion, and hear the title of that item at that period on first reading so that it will start the clock at that point; and from there, they will have their rights to bring forth the item, and you will have your rights to present as a resident, and an intervenor, and the clock will start at that time. Mr. Fernandez: Commissioner, at the risk of speaking on the substance -- this is strictly on the deferral -- I just want to clear the air here and explain that this application may have commenced a few years ago; however, during the pendency of the application, we were fortunate enough to have the property across the street file an application, and commence a redevelopment plan, and that created an opportunity that didn't exist when we initially filed the application. It sort of changed everything and brought us back to the drawing board, and that is part of the reason that we've been deferring continuously, because we're trying to find a way to make it work on both sides of the street. Vice Chair Russell: Understood. Mr. Bash: Excuse me. Attorney Fernandez refers to a few years in general. That represents about -- Chair Hardemon: Is there any further discussion on the item from the dais? Mr. Bash: (UNINTELLIGIBLE). Chair Hardemon: No, I had to turn it off, because you were interrupting. Mr. Bash: Thank you very much. Chair Hardemon: You're very welcome. Is there any further discussion? Hearing none, all in favor of the motion, say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. All right. Let's move back to our regular agenda, please. Jeffrey Bash: (UNINTELLIGIBLE). Vice Chair Russell: Yes, a six-month deferral. That will start the clock. Chair Hardemon: Can we have someone from -- Francisco, can you explain to them exactly what's going on? Can you step to the side with Francisco? I'm asking you to do this. You see all these people? Mr. Bash: Yes. Chair Hardemon: They're not here on that item. Mr. Bash: (UNINTELLIGIBLE). Chair Hardemon: That's not what I said to you. I offered that, but -- Mr. Bash: (UNINTELLIGIBLE). City of Miami Page 196 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: I know, but I gave you a chance. You'll have another chance. Mr. Francisco Garcia, he'll assist you. Mr. Bash: Thank you. Chair Hardemon: You're very welcome. I understand he's frustrated. Let's just -- it's -- Ms. Pittman: (UNINTELLIGIBLE). Chair Hardemon: Thank you. Ms. Pittman: (UNINTELLIGIBLE). Chair Hardemon: Thank you. Later... Chair Hardemon: PH 4. Meena Jagannath: Mr. Chairman. Excuse me, Mr. Chairman. I'm sorry. I think because there was some confusion around the exchange with the PZ (Planning & Zoning) items, I know that you had mentioned something about PZ.6 and 7, and I wanted to know whether there would still be time to make a comment on the motion for continuance or --? Chair Hardemon: No. We've already passed the motion for continuance. The only agenda items on the PZ Agenda that are left to consider are PZ. 2, PZ. 17, PZ. 19, and PZ.21. Ms. Jagannath: May I make a comment for the record about PZ. 6 and 7; just about the motion for continuance? Chair Hardemon: Just for the record. Ms. Jagannath: For the record. Chair Hardemon: You know, typically, as you know, when we have a whole courtroom full of people doing things, you know, you wait till the end when it's less busy to make the comment for the record, because it's not going to change the vote. So do you mind if you make it after we get done with some business? Ms. Jagannath: That's fine. Chair Hardemon: You don't mind? Thank you. Sir, it's -- Let us get through the agenda. We have to get through the agenda, and then we're going to come to you. I promise you'll have a chance to speak. We're now on item -- Williams Armbrister: In reference to the deferral of -- Chair Hardemon: No, no. Mr. Armbrister: -- I will not -- Chair Hardemon: No, no, no. City of Miami Page 197 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Armbrister: -- be able to speak to the deferral? Chair Hardemon: You will not be allowed to speak on the deferral. Mr. Armbrister: What do I -- How do I qualms to speak to the deferral? Chair Hardemon: Please have a seat. Please have a seat. Mr. Armbrister: Oh, okay. Chair Hardemon: Have a seat, please. Mr. Armbrister: I love you, brother. Chair Hardemon: I love you, too, brother. PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEMS) Victoria Mendez (City Attorney): Chairman, by any chance, the -- could you do the shade meeting, because we have those attorneys here? Chair Hardemon: Can we just --? I mean, we're not -- we're about to close this -- if that's what the board wants to do, but we do have residents that are here, as well. Mr. Alfonso: There are -- right. Chair Hardemon: And that's why I've always -- Mr. Alfonso: There's a PZ (Planning & Zoning) item -- Chair Hardemon: Right. Mr. Alfonso: -- 21, I believe, there's a lot of residents here for. Chair Hardemon: Okay, so let's -- Mr. Alfonso: If we can maybe take a moment out of the regular agenda and go to -- Chair Hardemon: Okay. What we can do is we can go to the PZ agenda, so we'll open up the PZ agenda; ladies and gentlemen have already been sworn in; the PZ agenda has been read into the record. I'm going to open up the public comment section right now for the PZ agenda, so if you're here from the public and you're here to speak on item PZ. 2, PZ. 17, or PZ. 21, it's your opportunity to speak. Just approach -- oh, I'll let you go first to lay your thing on the record when we do the public comment So if you're hereto speak on item PZ.2, PZ.17, or PZ.21, approach any of the lecterns, state your name, you may state your address, what item it is you're going to speak about, and then whatever it is that you want to say about the item. I'll recognize you first, counselor. Meena Jagannath: Good evening. Meena Jagannath, Community Justice Project, 3000 Biscayne Boulevard. I'm here to speak on PZ.6 and 7, which you all voted to defer. As an attorney for the qualified intervener in that rezoning matter, I wanted to object to the deferral for the record, because the application is fundamentally flawed. In the interim, between the submission of the application and today, one of City of Miami Page 198 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 the property owners, whose consent and power of attorney is required for that item to move forward, had -- has revoked their power of attorney, and thus, the requirements under 7.1.3.2 to have 100 percent participation of the property owners in a rezoning application is not fulfilled. And I wanted to also state for the record that to not have that parcel within the rezoning application amounts to a substantial modification under 7.1.3.5(A) of the Miami 21 and would necessitate a whole new application. And so, I wanted to signal that for you all, because the -- if they -- if the applicant wants to reapply, this should be treated as a voluntary withdrawal. An applicant should be subject to the 18 -month waiting period, as mandated under Miami 21. So I wanted to say that for the record. And, you know, if this is heard in November, the -- I don't see the issue of the revocation of power of attorney being cured by that time, so the -- I would have advocated for a denial, but since you all have already voted for the deferral, we will have to take that up again in November. Lorena Ramos: Hi. My name is Lorena Ramos. Vice Chair Russell: I'm sorry. Are you speaking on an item? Ms. Ramos: Same one. Vice Chair Russell: Okay. PZ.5 and 6 -- 6 and 7. Ms. Ramos: Yes, Vice Chair. Good afternoon. My name is Lorena Ramos, 20 Northwest 45th Street, chairperson of the Buena Vista Stakeholders. When the homeowners voted back in October 2015, some of them, living in their homes for 40 years plus, they voted in favor of the application. However, our community is ever changing, and we are requesting the applicant have a community meeting -- host a community meeting with any revisions that they may be bringing forth before they come before you. That is our request. Thank you. Marissa Amuial: Marissa Amuial, with Akerman. One second. Vice Chair Russell: Is there a Spanish translator who can help us, please? I want to let everybody know whose here to speak on a PZ item -- Note ,for the Record: Vice Chair Russell's comments were translated by Carlos Zuniga, official Spanish interpreter. Vice Chair Russell: Please, just state your name and which item you're speaking on so that we can refer to it. Each person will have approximately two minutes. Please, would you like to start? Bill Riley: It's up to you, Mr. -- Vice Chair Russell: Please. Mr. Riley: -- Vice Chair. Good afternoon, Mr. Vice Chair, Commissioners. For the record, my name is Bill Riley, with offices located at 333 Southeast 2nd Avenue. We're here on PZ item number 2. Before I begin, I just want to thank some people in the audience. First and foremost, I want to thank the Vice Chairman for allowing us to defer the item before and continue discussions with our neighbors. We have now had several discussions with our neighbors. Their counsel here, Sam Dubbin, is going to make some remarks. I want to thank him for his time and for his courtesy in meeting with us. We have some people from the Cite here; I also want to thank them for their time and courtesy for meeting with us. We have a full presentation to present to the board. However, I'm also happy -- I know you have a long agenda. I can rely upon staffs recommendation and PZAB's (Planning, Zoning & Appeals City of Miami Page 199 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Board) recommendation to the board. I think that all parties are in agreement at the moment. So if it's the will of the Commission for me to truncate our presentation and make those reliances, and let Mr. Dubbin speak for a moment, I'm happy to do so; whatever the will of the Commission is. Vice Chair Russell: Thank you. If you'd like to speak during the item, as well, maybe that would be more -- you'd have more time at that point. We could let the public speak on each of the items that they'd like to speak on. That might be more efficient. Mr. Riley: If that's the will, I'm happy to do that, as well. Vice Chair Russell: You might get a little more time that way; let's do it that way, and we'll be dealing with the item at the time. Mr. Riley: Thank you, Mr. Vice Chair. Ms. Amuial: Hi. Marissa Amuial, with Akerman. Our offices are 98 Southeast 7th Street. We represent Oak Plaza Associates, LLC (Limited Liability Company), with respect to PZ.6 and 7. Just to address those two comments that were just made, we are addressing the change in status by amending the application, and we'll be back in a few months, as it was deferred. And we spoke tonight with various -- with the Buena Vista Stakeholders and various other stakeholders, and would like to also plan for a community meeting, as Lorena mentioned. So that's all. Thank you. Vice Chair Russell: Thank you very much. Ma'am. Neidy Hornsby: Good afternoon, Commissioners. My name is Neidy Hornsby, 20315 Northeast 12th Avenue; here for PZ.21. I have been a life-long member of La Iglesias de Dios Pentecostal, a 47 year-old pillar of the community, whose front door, if you approve the Certificate of Use in question, it will be less than 300 feet, door to door, between this establishment and the church. Today I represent our residential neighbors, the children and teens who regularly attend our Sunday school; the 500 people who signed our petition, asking for you to please uphold the Zoning Administrator's denial of the Certificate of Use, and everybody dressed in red in the audience -- we lost a couple of people because of the time. See, Commissioners, the silver lining of having -- already experienced having a supper club in the area is that we know what the adverse effects are of having a supper club in the area. Right? We have experienced, firsthand, intoxicated men, exposing themselves to our teens in broad daylight, increased prostitution, and drug related activities. We have even caught people engaging in sexual situations in our own parking lot, in our own property. That's the effect that these types of businesses have on the surrounding area. Section 1301 of the Code refers specifically to avoidable adverse effects; "avoidable" being the operative word here, because we aren't speaking in hypotheticals; we are speaking in facts. We are currently across of an adult entertainment industry; we had a supper club on the other side of that, so we know firsthand what this means. These businesses change the character of the neighborhood. The general area is virtually synonymous with Skid Row right now, as defined by Article 9. Further, we propose that 3637 Corporation is likely going to make a equitable estoppel claim, and we believe that the facts just don't fit here. Courts throughout Florida, including the Third DCA (District Court of Appeals) and the Florida Supreme Court, have held in similar cases that equitable estoppel isn't applicable when the underlying transaction would violate statute, ordinances, or it's against public policy. The underlying transaction here violates one of the conditions in the 2009 approved exception, which states -- and I quote -- "Approval of this exception shall run with this operator only, and any changes to a different operator will require a separate special exception. " The operator now is not the operator City of Miami Page 200 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 that was in place in 2009. The new owner has 100 percent ownership, so he was not in place when this was granted. As the new operator, we believe that Mr. Fulford and his corpo -- Vice Chair Russell: Miss, are you here representing a group or -- Ms. Hornsby: Yes. Vice Chair Russell: -- are you speaking on yourser Ms. Hornsby: No. I'm here representing the church. Vice Chair Russell: And they're not going to speak? You're speaking on their behalf? Ms. Hornsby: Yes, I am. Vice Chair Russell: I'll grant you more time. Ms. Hornsby: Okay, thank you. Sorry. So our position is that the new operator should seek a special exception under his -- you know, under the new ownership, and not be able to piggyback off of the previous owner's permits. These two factors, I think, render the argument of equitable estoppel baseless. Finally, the Planning & Zoning Department found that this issue in particular violated the 2009 exception; that is still the case today. And we humbly ask the Commission to please uphold the Zoning Administrator's ruling. Thank you. Vice Chair Russell: Thank you. Grace Solares: Hi. Grace Solares. Vice Chair Russell: Ms. Solares. Ms. Solares: PZ.17 is an appeal from the HEP (Historic & Environmental Preservation) Board. The HEP Board has, indeed, the right to assert conditions imposed on any items that go before them. Therefore, this appeal should be denied. I further support the position of Nathan Kurland on this issue. Thank you. Vice Chair Russell: Thank you, Grace. Andre Marrero (as translated by Carlos Zuniga, official Spanish interpreter): Good afternoon. His name is Andre Marrero. He is the pastor of the church of Pentecostal God, on 36th Street. He's here representing 150 members of the congregation that could not be present because of work matters, but it's a big group that is here supporting, the ones with the red shirts, and they are here because they are indignated [sic] about the closeness of the pornographic business that is so near the temple. He has nothing against the owners of the business, but about the business itself, because the patrons of that business cross over into their property. Within the parking lot, they have witnessed some of the patrons of the pornographic shop urinating and doing despicable things there. Vice Chair Russell: Illegal things. Mr. Marrero (as translated by Carlos Zuniga, official Spanish interpreter): That's why he is bringing to your attention that this business is too close to a temple, and it's a business that is not appropriate for children or family members; only for adults. He's here to -- in conclusion, to say that Jesus Christ said that light and City of Miami Page 201 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 darkness cannot exist together, because otherwise, one or the other is going to make the other one disappear. And you Commissioners understand that church bring rehabilitation to their patrons, I guess, and you have to understand that you cannot vote in favor of this pornographic business to be so close to the church. Thank you very much. God bless you. Chair Hardemon: Is there any other person that'd like to speak on the PZ agenda? Joyce Nelson: I appreciate you've had a very long, tense day, because I've been watching on TV (television) and have been here with you, but I cannot speak on item PZ. 17 without everyone hearing what I have to say; it's very important to me and to the Grove residents, so can we have a full board? Chair Hardemon: They can hear you. Ms. Nelson: Huh? Chair Hardemon: They can hear -- Ms. Nelson: I know. Chair Hardemon: I'll give you an example. When I'm in my office, every single television is tuned in to this. Ms. Nelson: I understand that. Chair Hardemon: When they're in the restroom, they can hear you -- Ms. Nelson: But I m going to pass -- Chair Hardemon: --so they're (UNINTELLIGIBLE). Ms. Nelson: -- out information. Chair Hardemon: Can you pass it to the Clerk so that he can pass it out? Ms. Nelson: I'm sorry. I'm extremely disappointed that not -- everyone is not here. Commissioner Suarez: Sorry, Joyce. Ms. Nelson: This means a lot to the Grove. Chair Hardemon: See, they can hear you. Vice Chair Russell: There are speakers in the men's room; I was listening. Ms. Nelson: I know, I know, but, you know, I'm passing out information -- Vice Chair Russell: It's been a (UNINTELLIGIBLE) today. Ms. Nelson: I know that. I've been with you all the way. My name is Joyce Nelson. I live at 2535 Inagua Avenue, in Coconut Grove. I've been here since 1974. I'm vice president of the Tree Man Trust, founded in 1995; and I'm president of the Coconut Grove Civic Club, the oldest ongoing organization since 1923. So I have a lot of knowledge about what's been going on. And I also took all the arborists courses, so I'm extremely familiar with trees. I was asked to help on this property, so I went around and took pictures of similar issues that are occurring in the Grove. So the City of Miami Page 202 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 first picture is the property. So you can see that it overpowers my car down there, and the streets signs and the -- I mean, the trees are humongous; they cover the entire property. So I went around looking to see what happened on other properties, and you have a copy of all those, with the comments. These trees are going to die. There's noway they're going to live. They're in too small an area. They've been root -hacked, they've been destroyed through construction, and I don't want it happening anymore. So I'll start with PZ.17. The 11 conditions that were put on the property from the HEP Board, each one of them goes back to a Chapter 17 item. Number one is 17-4(A)(4), number 2 is 17-4-A(2), number 3 is 17-4-A(5), number 4 is 17-4(1) (B), number S is 17-4-(2) (B), number 8 is 17-7(A), and number 9 is 17- 5(B) (1). So none of these are out of the ordinary; they're all required under Chapter 17. And also in Chapter 17, says, If you cannot abide by what's in Chapter 17, you must redesign. " So I'm asking you to deny the appeal; have them redesign the property to appropriately fit within the scale of these trees. Thank you. Chair Hardemon: Thank you, ma'am. You're recognized, sir. Peter Ehrlich: Good evening. Peter Ehrlich, 720 Northeast 69th Street. I'm here about PZ. 17. I'm supporting Nathan Kurland and his wife, who are appellants to this item. We ask that you deny the appeal and support the 11 conditions that came from the HEP Board and came from the City; it came from the City, Chapter 17. So please deny the appeal and uphold all the conditions with the item. Thank you very much. Chair Hardemon: Is there any other person that wants to speak, public comment? Seeing none, I'm going to close the public comment for this section. You're raising your hand because you're pointing it at the good Lord? Renita Holmes: (UNINTELLIGIBLE) I'm still a person with disability, and sometimes, ifI can't (UNINTELLIGIBLE). Chair Hardemon: You're the last one. Ms. Holmes: Madam Holmes, with Women's Association Alliance Addressing Injustice, Violent, WOW In regards to PZ.21 -- grew up in Allapattah; 38 years -- what's significant is the number of rapes and the high -crime area, and that area abut it. So 38 years. I know it's a lot -- a nice crowd. I recognize again that we always have that segregation and disparity whenever a community of residents want to deal with the issue of commercial residents, but I see a whole strip along there. I've got clients, sir; and chairpersons that have been raped in that area; one shot at a establishment where we did several candle lights. I never say things that I don't have support to, but I believe there's a lot of game playing going on when it comes to -- or who can run a business, what type of business, and I don't think that getting rid of one establishment is going to handle that issue. I do believe that there are conversations that should be had, and I believe that a long strip of churches should come together; not just for one club, but for a whole lot of clubs that's going around therefor all the other bodies, so I question what the real interest is. I ask that you vet this out very carefully. I understand that you want to get rid of one business because of the types, but I see potential for so many to open up there, and I'm wondering if it's just one pitting up against the next, and that may we got a lot of sheep that have some wolves within that person that they really don't know. But for the record, as a resident who serve clients; as a woman who have watched many women, watched butt naked, raped, know that the policing are had, and one who recently walked that neighborhood, Commissioner Gort, along with -- through the Chair -- the one stop walk and a few others. There are some serious issues, and I don't know if denying one person would allow them to allow five other people to come there and do some things. All I could do is, in closing, is say to my residents City of Miami Page 203 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 and taxpayers: Ye ask not because you have not, and never expect a sheep to smile with you with wolfs teeth. Thank you very much. Lawyers are lawyers. Thankyou. PZ.1 ORDINANCE First Reading 1126 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 "URBAN Zoning CLASSIFICATION FROM T6 -12-L CORE TRANSECT ZONE - "URBAN ABSENT: LIMITED" TO T6-12-0 CORE TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3701 AND 3737 BISCAYNE BOULEVARD AND 306 AND 316 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item PZJ, please see "PZ Order of the Day. " PZ.2 RESOLUTION 1915 A RESOLUTION OF THE MIAMI CITY COMMISSION CLOSING, Department of VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE Planning and A PORTION OF A PUBLIC ALLEY, LOCATED AT 348 NORTHEAST 20 Zoning TERRACE, MIAMI, FLORIDA, PURSUANT TO SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA. ENACTMENT NUMBER: R-17-0394 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. For additional minutes referencing Item PZ.2, please see "Public Comment Period for Planning & Zoning Item(s). " Chair Hardemon: the first agenda item that we have on the PZ (Planning & Zoning) agenda is PZ.2. City of Miami Page 204 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Francisco Garcia (Director, Planning & Zoning): Yes, sir. Thank you. And for the record, very briefly, by way of introduction, PZ.2 is a proposal to vacate and close a remnant of an alleyway at 348 Northeast 201h Terrace. I'll simply introduce for the record the fact that all the lower boards and committees have recommended approval unanimously; and simply set forth that the remnant of the alley presently goes from nowhere to nowhere, and serves no public purpose; for which purpose -- or for which reason, we are recommending approval. Unidentified Speaker: (UNINTELLIGIBLE). Chair Hardemon: No, we do; Commissioner Gort is here. Unidentified Speaker: Okay. Chair Hardemon: You can go ahead. Vice Chair Russell: Mr. Dubbin, hello. Samuel Dubbin: Okay. Vice Chair Russell: I know we've gone back and forth on this item a few times between the neighbors and the owner of the property, but it seems we have found some consensus; am I correct? Mr. Dubbin: Yes. We -- Commissioner, thank you. I'm Sam Dubbin. I represent the Cite Condominium Association, the condominium surrounding this vacant lot. We want to express our appreciation to, you know, the attorneys for the owner, to Mr. Riley, Mr. Villa. Their client came, met with my clients and others from the Biscayne Neighborhood Association yesterday, and we established a dialogue, and reached agreement on an important concession to my clients with regard to some restrictions on the ability of the owner of the vacant lot to use the facilities; the pool, the gym of my condominium. So they've agreed to waive that. The Cite is supporting the alley closure. And I'm also authorized to represent that the BNA (Biscayne Neighborhood Association) in supporting the alley closure. Vice Chair Russell: Does the -- do the conditions need to be memorialized in the legislation, or is this a side agreement between you and them? Mr. Dubbin: It can be done by contract. I mean, I know Mr. Riley will address that, as well; but we have an agreement in principle, which we are, you know -- we have established a trust relationship with the -- you know, the attorneys and the owner that we'll memorialize that, you know, and -- Vice Chair Russell: So you're in support of moving, as amend -- without amendment? Mr. Dubbin: Correct. Vice Chair Russell: Thank you. I move the item. Commissioner Gort: Second for discussion. I have a question. Chair Hardemon: Been moved and second. You're recognized, Commissioner. Commissioner Gort: The property -- the whole block is owned by three properties. You guys have control of half of the alley, right? City of Miami Page 205 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Dubbin: No. Commissioner Gort: No? Unidentified Speaker: No. Mr. Dubbin: That's not the -- Todd B. Hannon (City Clerk): Mr. Dubbin, I'm sorry; on the record -- on the mike. Mr. Dubbin: Sure. Well, right now it's a public alley, and then the issue would have been whether or not it has a public use or not, but the -- according to the statute and according to the City Attorney's Office, if vacated, that all reverts to the north side, to the owner's property. Commissioner Gort: Right. Mr. Dubbin: So that's not an issue. The -- it's not an issue. Thank you for asking that. Chair Hardemon: Any further discussion? Hearing none, all in favor, say "aye. The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Dubbin: Thankyou, Commissioners. We appreciate it. Vice Chair Russell: Thank you for your patience. PZ.3 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 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: ......... ......... ......... ......... ......... ......... ......... ................... Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item PZ.3, please see "PZ Order of the Day. " City of Miami Page 206 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 PZA ORDINANCE First Reading 1124 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning and AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Zoning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF .75±ACRES, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED, OF THE REAL PROPERTY LOCATED AT 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AND A PORTION OF THE REAL PROPERTY LOCATED AT 3801 BISCAYNE BOULEVARD, MIAMI, FLORIDA FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item PZ.4, please see "PZ Order of the Day. " PZ.5 ORDINANCE First Reading 1125 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 APPROXIMATELY .75±ACRES, AS "EXHIBIT DESCRIBED IN A", ATTACHED AND INCORPORATED, OF THE REAL PROPERTY LOCATED AT 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AND A PORTION OF THE REAL PROPERTY LOCATED AT 3801 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FROM T4 -R, "GENERAL URBAN ZONE - RESTRICTED", TO T5-0, "URBAN CENTER ZONE - OPEN"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez City of Miami Page 207 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Note for the Record. For minutes referencing Item PZ. 5, please see "PZ Order of the Day. " PZ.6 ORDINANCE First Reading 1032 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning and AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Zoning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 29 NORTHWEST 42 STREET, 30 NORTHWEST 44 STREET AND 4202- 4330 NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM " DUPLEX RESIDENTIAL" AND "LOW DENSITY RESTRICTED COMMERCIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item PZ.6 was deferred to the November 16, 2017, Planning and Zoning Commission Meeting. For minutes referencing Item PZ. 6, please see "PZ Order of the Day" and Public Comment Period for Planning & Zoning Item(s). " City of Miami Page 208 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 PZ.7 ORDINANCE First Reading 1033 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 APPROXIMATELY 29 NORTHWEST 42ND STREET, 30 NORTHWEST 44TH STREET AND 4202-4330 NORTH MIAMI AVENUE, MIAMI, FLORIDA FROM T3 -L, "SUB -URBAN TRANSECT ZONE -LIMITED", AND, T4 -L, "GENERAL URBAN TRANSECT ZONE -LIMITED", TO CI, "CIVIC INSTITUTION"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item PZ.7 was deferred to the November 16, 2017, Planning and Zoning Commission Meeting. For minutes referencing Item PZ. 7, please see "PZ Order of the Day" and Public Comment Period for Planning & Zoning Item(s). " PZ.8 ORDINANCE First Reading 1675 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning and AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Zoning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.05± ACRES OF REAL PROPERTIES AT APPROXIMATELY 2124, 2126, AND 2130-2132 SOUTHWEST 7 STREET AND 2109 SOUTHWEST 8 STREET, MIAMI, FLORIDA FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item PZ. 8, please see "PZ Order of the Day. " City of Miami Page 209 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 PZ.9 ORDINANCE First Reading 1676 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 "74-L", Zoning CLASSIFICATION FROM GENERAL URBAN TRANSECT "75-0", ZONE -LIMITED, TO URBAN CENTER TRANSECT ZONE - OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2124, 2126 AND 2130-2132 SOUTHWEST 7 STREET AND 2109 SOUTHWEST 8 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item PZ. 9, please see "PZ Order of the Day. " PZ.10 ORDINANCE Second Reading 1673 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning and AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Zoning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 0.179± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 3750 SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA, FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item PZ.10 was continued to the September 28, 2017, Planning and Zoning Commission Meeting. For minutes referencing Item PZ. 10, please see "PZ Order of the Day. " City of Miami Page 210 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 PZ.11 ORDINANCE Second Reading 1674 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 SOUTHERN PORTION OF THE PROPERTY LOCATED AT APPROXIMATELY 3750 SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED, FROM 74-0", GENERAL URBAN TRANSECT ZONE -OPEN", TO "75-0", URBAN CENTER TRANSECT ZONE -OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item PZ.11 was continued to the September 28, 2017, Planning and Zoning Commission Meeting. For minutes referencing Item PZ. 11, please see "PZ Order of the Day. " PZ.12 ORDINANCE Second Reading 1035 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning and AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Zoning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.07± ACRES OF THE REAL PROPERTIES LOCATED AT APPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865, AND 3875 DAY AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item PZ. 12 was continued to the September 28, 2017, Planning and Zoning Commission Meeting. For minutes referencing Item PZ. 12, please see "PZ Order of the Day. " City of Miami Page 211 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 PZ.13 ORDINANCE Second Reading 1036 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 "SUB Zoning CLASSIFICATION FROM T3-0 -URBAN TRANSECT ZONE - OPEN" WITH A NCD -2 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT OVERLAY TO T4 -R "GENERAL URBAN TRANSECT ZONE - RESTRICTED" WITH A NCD -2 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT OVERLAY FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3860, 3850, 3840, AND 3830 DAY AVENUE, MIAMI, FLORIDA; AND FROM T3-0 "SUB -URBAN TRANSECT ZONE - OPEN" WITH A NCD -2 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT OVERLAY TO T4-0 "GENERAL URBAN TRANSECT ZONE - OPEN" WITH A NCD -2 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT OVERLAY FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3841, 3851, 3865, AND 3875 DAY AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item PZ. 13 was continued to the September 28, 2017, Planning and Zoning Commission Meeting. For minutes referencing Item PZ. 13, please see "PZ Order of the Day. " City of Miami Page 212 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 PZ.14 ORDINANCE First Reading 1288 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Planning and MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, Zoning PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" WITH AN URBAN CENTRAL BUSINESS DISTRICT ("UCBD") OVERLAY TO 'PUBLIC PARKS AND RECREATION" WITH AN "UCBD" OVERLAY, THUS REPEALING ORDINANCE NO. 13396, ADOPTED ON JUNE 27,2013; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item PZ.14 was deferred to the October 26, 2017, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.14, please see "PZ Order of the Day. " PZ.15 ORDINANCE First Reading 1289 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 PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI FLORIDA FROM 76-4813-0", URBAN CORE TRANSECT ZONE -OPEN, TO "CS", CIVIC SPACE TRANSECT ZONE, THUS REPEALING ORDINANCE NO. 13397, ADOPTED ON JUNE 27,2013; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item PZ. 15 was deferred to the October 26, 2017, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.15, please see "PZ Order of the Day. " City of Miami Page 213 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 PZ.16 ORDINANCE First Reading 1972 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning and OF MIAMI, FLORIDA, BY AMENDING ARTICLE 1, SECTION 1.2, Zoning ENTITLED "DEFINITIONS OF TERMS," ARTICLE 4, TABLE 3, ENTITLED "BUILDING FUNCTION: USES," AND ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item PZ.16 was deferred to the September 14, 2017, Regular Commission Meeting. For minutes referencing Item PZ. 16, please see "PZ Order of the Day. " PZ.17 RESOLUTION 2194 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING, IN Department of PART AND DENYING, IN PART, THE APPEAL FILED BY Planning and DAYDREAMING LLC, THE PROPERTY OWNER, AND ADOPTING Zoning WITH A MODIFICATION THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF AN APPEAL OF THE ISSUANCE OF INTENDED DECISION BD16-009931- 001 FILED BY NATHAN KURLAND, THE ABUTTING PROPERTY OWNER, REGARDING THE REMOVAL AND MITIGATION OF TWO (2) TREES AT APPROXIMATELY 3140 DAY AVENUE, MIAMI, FLORIDA. ENACTMENT NUMBER: R-17-0396 ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. A motion was made by Vice Chair Russell, seconded by Commissioner Suarez, and was passed unanimously, directing the City Manager to provide written notification to abutting neighbors, advising them of any tree removal decision made by the City in the Neighborhood Conservation Districts (NCDs), which will allow for an appeal process, if necessary. For additional minutes referencing Item PZ.17, please see "Public Comment Period for Planning & Zoning Item(s). " Chair Hardemon: PZ. 17. City of Miami Page 214 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 Francisco Garcia (Senior Director, Planning & Zoning): Thank you, sir. Item PZ. 17 is before you as an appeal to a HEP (Historical & Environmental Preservation) Board decision pertaining to 3140 Day Avenue. The decision was issued to (UNINTELLIGIBLE) was a denial of an appeal pertaining to a tree removal application for said property. I'll defer to the appellant for further information, and we'll stand by to answer any questions you may have. Ines Marrero-Priegues: Good evening, Mr. Chairman, members of the board. For the record, my name is Ines Marrero. I'm attorney with offices at 701 Brickell Avenue, and I'm here today on behalf of Daydreaming, LLC, (Limited Liability Company), as well as Velvet and Glen Rothe. They are the -- one of the partners of the company, but they are the owners of the property. I should start out by letting you know that Mr. and Mrs. Rothe are not only going to be living in this house -- they're not developers; they'll speak to that later -- but that they currently live across the street from the property that's the subject of this appeal. I'm trying to power up here my presentation, and just -- I don't have a very lengthy presentation, but I do have some visuals to show you where the property is and where the other interested stakeholder the appellant of the permit, lives. I will -- Mr. and Mrs. Rothe filed an application with the City to remove two trees, because when they were going and having their building permits reviewed by the City, they discovered that two trees on the property need a tree removal permit,- one of them is a fichus tree, and the other one is an umbrella tree. And I have pictures, ifI can log on. Vice Chair Russell: Schefflera? Ms. Marrero: And so they -- The City reviewed their application and determined that for them to remove these two trees, they would have to mitigate; mitigate by planting five new trees, which they agreed to do. And as your City Code requires, the property was posted; and one of their neighbors, Mr. Nathan Kurland -- who you will hear from his attorney and who you all know, because he's a very active civic member of our community, and he's here a lot -- appealed that permit, and that appeal was heard by the Historic & Environmental Preservation Board. At that hearing -- and I'm sorry. Technology, right? But at least I have -- Vice Chair Russell: Could IT (Information Technology) switch the monitor so that we see it on our screens, as well? Ms. Marrero-Priegues: There you go. So this is an aerial photograph of the property. And again, this is just five slides; it'll be very fast. The subject property is highlighted in yellow; it's 3140 Day Avenue. If you look to the right, that's Mr. Kurland -- Mr. and Mrs. Kurland's residence. And then I have highlighted -- there's two other properties that are identified, and one of them is the one at 32 Gifford Lane and -- 3210 Gifford Lane. Those are neighbors who have prepared letters in support of our application, and also the neighbors at 3225 Gifford Lane. They have also prepared statements in support of our request. The site at 3214 Gifford Lane is where Mr. and Mrs. Rothe currently live. So, you see, they're living across the street from this house. So this is one of the trees that is proposed to be removed. This is an umbrella tree. And these are two photographs of the same tree. The other tree that is proposed to be removed is a fichus tree. And in order to remove these -- this fichus tree, they're going to plant five new, 16 feet -tall red stopper trees. So the City issues its intended decision; they're supportive of the tree removal. Mr. Kurland appeals the decision, and we go before the HEP Board, and we had a lengthy presentation. And Mr. Kurland was able to have a very respected arborist from our community, Ms. Lisa Hammer, who I personally recommend to a lot of my clients. She appeared that day, testified. Even though she was not a registered lobbyist, she participated in the hearing, provided a report that she had prepared at the behest of Mr. Kurland. And in response to all that presentation, the board approved our City of Miami Page 215 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 appeal, meaning they -- we can remove the trees, subject to not only the mitigation, but additional 11 conditions. And the 11 conditions -- and this is important -- relate to preserving and protecting specimen oak trees, because the concern of the community has all along been that there's been a lot of damage to the tree canopy in the Grove, and we recognize that. We know that. We're aware of that. That was the first conversation that I had with my clients when they came to talk to me. I said, "You have to be very aware that there is high sensitivity in Coconut Grove about the trees. " And they said, "We know. That's why we want to live there. We love the trees. " So the HEP Board proposed all of these conditions. They're a little bit above and beyond what is usually required. But you know what? They're good neighbors, and they've agreed to all of those conditions, except one condition. Condition Number 7 says that "There should be recorded a covenant prohibiting the installation of a swimming pool without the approval from the Historic & Environmental Preservation Board. " I have to point out that their plans do no t show a swimming pool. Nothing in any discussion that they've had with the City or to the HEP Board or with the neighbors has proposed a swimming pool. If they agreed to this condition, they have to get their bank to sign off on a joinder to this covenant. They have to now go back before the HEP Board and get special review and have expenses to approve something that they have not proposed. The board suggested all these conditions; some of them are a little bit more than would typically be associated with a residential project, but we are in agreement with them. But this one, this one is going above and beyond, and we vehemently object to agreeing to this condition. It's the only thing that we will not agree to. We will protect the trees. We will do everything that the City tells us to do. And if and when they ever decide to build a pool, then they will do what everybody else has to do. They will file a permit with the City, the City will review the impact of that pool on the trees, and we will have to either go before the HEP Board or get some variances or mitigate or redesign the pool. I should just briefly so -- I don't need to bog you down with the 10 conditions, but some of them require that they redesign their porch, that they make sure that the utilities are relocated. We've agreed to all of those things, above and beyond. We just think, we never spoke about a pool. Why should we be putting a covenant on our property for something that we're not asking for? It's unreasonable and it's outside the scope of the board. So again, we are in agreement with all the conditions. We've met with staff- we've shared our proposal to address them. And with that, one last note: Yes, we have met with Mr. Kurland. We've met at the Commissioner's office. He was gracious enough to give us some time from his staff to work this out, and unfortunately, this seems to be something that they can't agree to; I don't know why. But my clients are here. They're really lovely people. They're really looking forward to becoming permanent -- having their homestead in Coconut Grove. And I hope that, you know, you let them move forward with their project. Thank you. Vice Chair Russell: Thank you very much. I'm sorry. Chair Hardemon: (UNINTELLIGIBLE) mouthpiece. No jokes for us. Tucker Gibbs: I don't really think they need a mouthpiece, but I'm here anyway. Good evening. My name is Tucker Gibbs, with law offices at 3835 Utopia Court, in Coconut Grove. And tonight I'm representing Nathan and Cecilia Kurland, who own the property next door to the appellant at 3132 Day Avenue. And I'd like to request that all the City files on this application, including the development plans, be incorporated in this matter and made part of the record, if that's acceptable. Thank you. Vice Chair Russell: It is. City of Miami Page 216 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Gibbs: Thank you. My client, as you've heard, opposes the appeal, because the Historic & Environmental Preservation Board's decision, with the conditions, followed the City Code requirements, and that's what I m going to talk about tonight. As you know, in Coconut Grove, it's all about the trees. And I wanted to show you something, if I might. I forgot to set up before I started speaking, so. Vice Chair Russell: Sure. Mr. Gibbs: I don't know how many of you all look at the Miami Herald online or look at the Miami Herald at all, but you might see this picture. You might have seen this picture on Saturday or Sunday. I don't know if it looks familiar to you, but that's an aerial photograph of Coconut Grove. Part of Coconut Grove done is part of the Miami Herald article, was on the front page of the Herald on Sunday. And if you look at this -- I'm going to try to do this the wrong way. If you look at my right, your left, you will find over here, this part of the picture is a picture of Coconut Grove now, and the picture on my left is the picture -- a picture of that same exact area in 2004 -- oh, thank you so much. Is it on? Oh, good. Now I can do this. This picture right here is a picture of Coconut Grove now; this neighborhood in Coconut Grove now, this area. This is an area of Coconut Grove, the same area in 2004, and you'll see that the canopy is greater in 2004 than it was presently, in this particular neighborhood, and I'm not saying this neighborhood that we're talking about; this is just a neighborhood. This is the issue in Coconut Grove, is the loss of tree canopy, and that's what this hearing is all about, because in Coconut Grove, this is what neighbors are concerned -- one of the things they're concerned about the most. So it's much less dense now. So when the Historic Preservation Board made its decision and placed these conditions on the property, it did so in an effort to protect the trees and the canopy. Now, we heard about the pool. We heard about the pool that doesn't exist. But the fact is the plans that were presented to the City may not show a pool, but they show the location of pool equipment, and Mrs. Kurland will be showing you those plans. And there's a clear intent to build a pool on this property; otherwise, we wouldn't be here. They wouldn't be making such a big stink about Condition Number 7 if they didn't want a pool. And that pool, according to the testimony at the Historic & Environmental Preservation Board, was a major issue, and it was specifically referenced by the arborist who was asked questions by the board and answered those questions of the board, and I'll get to that in a second. I want to talk about Section 17.8(A). That section of the Code specifically addresses the scope of the Historic & Environmental Preservation Board's authority in deciding appeals. It allows any aggrieved party to appeal the board's -- to the board any decision -- and it's any decision -- of the department on matters that relate to the application for a tree permit. And that board makes that decision. Nowhere in the Code does it say that somebody else makes that decision. So it says, `Any aggrieved party can take any decision on matters relating to the tree permit. " It also says that "The board shall hear and consider all facts and material" -- "all facts material to the appeal. " Again, it is clear that it's the board's decision to determine what facts are immaterial when it make -- to the appeal. Vice Chair Russell: Mr. Gibbs. Mr. Gibbs: Yes. Vice Chair Russell: Just to be clear -- I didn't want to wait and then ask you and forget. You mentioned that there were plans presented that hinted at a future pool development; is that correct? Mr. Gibbs: That's correct. They talked about pool equipment, and showed where the pool equipment would be located. City of Miami Page 217 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Vice Chair Russell: Couldn't be billiards? Mr. Gibbs: No. When you see the plans -- and Mrs. Kurland will show you the plans -- it doesn't mean billiards. Vice Chair Russell: So there's an area to keep pool equipment, and then the -- Mr. Gibbs: Yes. Vice Chair Russell: -- assumption is of where the pool would be, based on the layout of the house? Is that --? Mr. Gibbs: Yes. Vice Chair Russell: Okay. Mr. Gibbs: In the backyard. Unidentified Speaker: Mr. Chairman, there's no room (UNINTELLIGIBLE). Vice Chair Russell: Well -- Mr. Gibbs: There will be a body of -- there's a possible body of water -- it's a possible body of water. If you're going to locate a pool -- the only place you can locate it -- I understand -- and I'm not the expert on the City of Miami Code as it relates to where you put pools, but I think you can only put a pool in a backyard; you can't put it in the front yard. And this project is being built to -- almost to the setbacks on both sides. So it --backyard is probably the only place it could. Vice Chair Russell: Through a procession of deduction, you've assumed where the pool will be planned at some point. Mr. Gibbs: And so did the Historic & Environmental Preservation Board -- Vice Chair Russell: Right. Understood. Mr. Gibbs: -- and the arborist who spoke to it. So the provision states, "The Historic & Environmental Preservation Board may affirm or modify, or reverse the decision of the department. " The intended decision was the decision of the department, and they had a right to modify that based on the testimony that was before them and their consideration of all facts as they determined to be material to the appeal. Mr. and Mrs. Kurland properly appealed the intended decision, because the intended decision related to the removal of two trees as part of the redevelopment of the property, and that's very important, because you need to remove the two particular plant -- two particular trees, because they're going to impact the construction of the building. But the board can look at that whole site and say, "You know what? There are some other problems here with trees. " And those trees were Trees Number 1, 9, and 10, and those were part of Mr. Kurland's appeal, and he made that very clear in his appeal. And at the hearing, as stated by the City's Environmental Resources Officer, at the hearing, the intended decision also required root pruning and canopy reductions for Trees 1, 9, and 10. And the appeal sought to ensure that these three oak trees, specimen oak trees remaining would be protected. This isn't about the other side saying they're going to remove those trees. This is about the community saying, "We know you want to keep those trees. We want to be sure that those trees are not going to be -- as somebody said at the hearing -- abused. There's tree abuse is a concern; that these trees might get root pruned without anybody seeing them being root pruned and hacked, and they City of Miami Page 218 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 would die. And oak trees have -- oak trees can die from being root pruned and -- the wrong way, and front being hat -racked, or cut the wrong way, and pruned the wrong way. So specifically, the canopy -- specifically, Mr. Kurland said the canopy and the roots of the specimen Trees 1, 9, and 10 would be protected from the negative impacts of the driveways, balconies, and installation of a pool. Those were the issues that came up. So Mr. Kurland asked the board members if they had any questions for his arborist. His arborist was with him. And Board Member Lynn Lewis specifically asked the question of the arborist, Lisa Hammer, to explain the impacts of the development on those trees, Trees 1, 9, 10, 3, and 2. The focus here is going to be on 1, 9, and 10; and 1, 9, and 10, let me show you where they are. This is a survey, so ignore the fact that it says "one-story CBS residence, " because that's the old house. The new house will extend from about over here to about over here. 9 is on the southwest corner; 10 is on southwestern -- a southwestern part of the site, and 1 is up here. There was an issue with 1; that 1 would be impacted by a driveway that's nearby; 9 -- 10 would be impacted by the corner of the building. It would be relatively close to the corner of a building. And Number 9 could be impacted by a swimming pool. The arborist said she had -- Vice Chair Russell: Where -- Mr. Gibbs: Oh. Vice Chair Russell: -- is the pool equipment? Mr. Gibbs: The pool -- that's not on that plan, necessarily. Vice Chair Russell: I understand, but where would it be, hypothetically? Mr. Gibbs: I (UNINTELLIGIBLE) dispute. In a second, I can get it when they find it, but I can go on with my presentation -- Ms. Marrero-Priegues: Mr. Vice Chairman -- Mr. Gibbs: -- if that will help? Ms. Marrero-Priegues: If I may? You know, we are very collegial, and I'm letting him make his presentation, but I do have to object to any representation on Mr. Tucker's part of any non -existing pool, location of a pool, speculation of where a pool would go. There are no plans for a pool. Vice Chair Russell: Thank you. That's why I'm asking to see -- Ms. Marrero-Priegues: Thank you. Vice Chair Russell: -- where these plans are that indicate that pool equipment is hinting at a pool location. Mr. Gibbs: I have a sketch here that shows location of future pool equipment under separate permit, and the electric panel, talking about a pool pump. These are City documents. So these are the documents that I'm talking about that show equipment for -- future equipment for pool; and the electrical panel, showing a pool pump. So a pool is obviously contemplated. Vice Chair Russell: So there's no diagram showing where the pool equipment would go? City of Miami Page 219 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Gibbs: This sketch shows future pools under separate permit. Let me come up and show you. Vice Chair Russell: It actually uses the word `future pools under separate permit" in their application. Mr. Gibbs: This is it; right there, in yellow. Vice Chair Russell: Okay. Ms. Marrero-Priegues: The plans that were approved -- If I may, Mr. -- the Vice Chair? The plans that were submitted for approval and for building permit do not show a pool. I don't know what document Mr. -- Vice Chair Russell: I understand they don't show a pool, but do they reference future pools by separate permit or a pool equipment? Ms. Marrero-Priegues: No, not to our ability. Could I see the document, Tuckey, please? Mr. Gibbs: Yes. Vice Chair Russell: This is pretty important for us to get clear. Commissioner Carollo: Can we make a copy and be read into the record? Vice Chair Russell: While we're clearing that up, Mr. Garcia, I just have a question for you. With regard to the scope of the HEP Board and what they're able to make a decision on, based on the plans that are submitted, if -- even though there was only two trees being discussed -- and the scheflera can be removed without any mitigation, whatsoever, as an invasive or an exotic? Invasive. Mr. Garcia: Prohibited. Vice Chair Russell: Prohibited. Thank you. The fzchus was the one needing the mitigation. That then allows the department and the HEP Board to look at the totality of the plan that's being submitted and make commentary on tree protection for anything within that construction plan; am I correct? Mr. Garcia: That is correct. Vice Chair Russell: They don't have to limit their scope to the trees in question that were originally applied for? Mr. Garcia: Certainly. To the extent that the Historic & Environmental Preservation Board had any concern based on the plans presented, regarding any specimens on site, it would be proper for them to chime in on those and try to protect them. Vice Chair Russell: So if they were a driveway in the plans, they could comment about the trees possibly impacted by a driveway. And if there were a pool in the plans, the HEP Board and the department could comment on mitigation required or tree protection required or anything regarding that pool plan; is that correct? Mr. Garcia: Yes, that's correct. City of Miami Page 220 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Vice Chair Russell: So the question here is, was the pool contemplated in the plan? I think that's very material to whether or not the HEP Board was within their scope in making that decision. Am I wrong? Mr. Garcia: No, you're not wrong at all. What I would like to add, however, is that in order to consider the potentially effect of a pool on the site, they would have to be presented with specific information about the pool, its location, its configuration, et cetera. Vice Chair Russell: Understood. Mr. Garcia: And that is believed -- I believe the information that was not present. Vice Chair Russell: Understood. So if I could just clarify, though, are the documents that he has presented showing the words 'future pool by separate plan," and a diagram showing pool equipment on the diagram, are they -- were they not presented by your client? Are they not correct documents? Ms. Marrero-Priegues: Right. I'm unfamiliar with those documents. I don't know -- I cannot validate them. I don't know where they came from. Vice Chair Russell: Can your client? Ms. Marrero-Priegues: They're not proposing a pool. Vice Chair Russell: Understood. But if his documents are correct, you can understand the assumption, even though the pool is not drawn in the plans from the department and the board that a pool is contemplated. So you're saying a pool is not contemplated, but -- and you're not sure whether the documents he have [sic] are the ones that were submitted, but they do point to the intention of a future plan, the plans you're showing. So I just want to verify if those are the true plans that were submitted. Mr. Gibbs: They came from the Environmental Office, and my client got them from that office. It's -- a "master plan" is what I'm told that it's called. Vice Chair Russell: So now the text that you showed me looks almost as if -- I don't want to assume that it was added later, but it doesn't look the same color or -- Mr. Gibbs: It was. It was a copy made by the client, and the client said, you know, for emphasis, so -- Vice Chair Russell: Your client? Mr. Gibbs: My client, yes. Vice Chair Russell: Thank you. This is very important, because there are giant, bold words on the plans that say ' future pool contemplated under separate permit. " That was created -- Mr. Gibbs: Not from them, no. Vice Chair Russell: -- by your client -- Mr. Gibbs: That's right. Also the yellow -- Vice Chair Russell: -- over the plans -- City of Miami Page 221 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Gibbs: -- (UNINTELLIGIBLE). Vice Chair Russell: -- for emphasis. Thank you. No, this -- I -- this is the clarification I needed, because that's very key. Mr. Gibbs: Okay. Vice Chair Russell: Because it wasn't a plan they submitted with the large words, 'future pool for a future" -- Mr. Gibbs: No, they didn't submit that. They submitted -- Vice Chair Russell: That's for clarification -- Mr. Gibbs: Right. Vice Chair Russell: -- of where -- the assumption of where the pool will go based on Mr. Gibbs: Yes. Vice Chair Russell: -- the list of pool -related items in that permit application. Is that what that is? Mr. Gibbs: It just said -- it was that the electrical, and it said ' pool pump. " It was more of a -- Vice Chair Russell: Understood. Thank you. Please continue. Mr. Gibbs: Okay. In answer to the questions from -- the question from Ms. Lewis, the arborist examined each tree and discussed the impacts on each. She had particular concern with the impacts of -- on root health on Tree Number 1 by a driveway that was being proposed. The impacts of a future swimming pool on Tree Number 9, down at the bottom, she specifically spoke to that. And her comment was -- and I listened to the tape. I was absolutely kind of blown away by it. She said, "If a pool is built, the tree is gone. " That's what she said. Vice Chair Russell: Who said that? Mr. Gibbs: The tree is gone. " Mr. Gibbs: Lisa Hammer -- Vice Chair Russell: Lisa Hammer. Okay. Mr. Gibbs: -- when she saw the location of the tree, and she said that at the hearing, and I double checked it today; listened to that tape. It was like a three and a half hour tape. And she also talked about the impacts of any encroachment in the tree protection zone for that tree's health, and that's referenced in the conditions. The impact of the new construction on Tree Number 10, she said would cause more than the maximum, which is 25 percent, of the canopy to be removed. The rule is, you don't remove more than 25 percent of the canopy, but there was a great deal of discussion with the board about that -- the fact that that tree would cost -- Vice Chair Russell: Please continue. City of Miami Page 222 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Gibbs: I'm sorry. That's pretty cute. They said it would cost more than the maximum 25 percent of the canopy to be removed, and that was a problem. She also talked about the wall on the west side of the property or fence, and the sidewalk, the proposed sidewalk on Gifford Lane, both the wall and the sidewalk on Gifford Lane. Any wall would create negative impacts on the three specimen trees. And many of the comments were included in the actual Historic Preservation Board resolution in Exhibit "A " As a matter of fact, of the 10 requirements -- Vice Chair Russell: 11. Mr. Gibbs: -- the first five were recommended by staff with tweaks by the Board, and one was brought up at the hearing, and Number 5 was brought up at the hearing. So -- Vice Chair Russell: Just to clarify, it's 11 conditions, correct? Mr. Gibbs: 11. I'm sorry. Vice Chair Russell: Thank you. Mr. Gibbs: I -- because it's 10 on one page, and that one -- Vice Chair Russell: Don't forget the one. Mr. Gibbs: -- which is essentially a standard, I always say 10. But yes, of the 11, there are five. The property owner is under -- is -- I understand why the property owner is upset, because the board followed the Code. The board followed 17-8. The board looked at all the issues and modified the intended decision, which is what is in their purview. They have the authority to modem the intended decision. The owner doesn't like the conditions that the Historic & Environmental Preservation Board properly imposed to protect trees 1, 9, and 10. And in particular -- and Ms. Marrero is absolutely correct; they've told us they have no problems with any of the other ones, any of the other conditions, except for Condition Number 7. And that's the interesting thing about Condition Number 7. Condition Number 7 talks about a covenant, and that was discussed in great detail at the meeting; to find a way to make sure that this is protected, that this tree is protected if they put a pool in. If they don't put a pool in, the condition is meaningless. And I understand that, you know, they want to live there, and perhaps, they want to put a pool in, or perhaps, they don't, but the fact remains that if you're going to protect this tree, the Historic & Environmental Preservation Board said they want to see what happens. They want to look at it And maybe the language is not artfully drawn. Maybe it isn't as perfect as it should be, and I can tell you that my clients have proposed and -- we have said, "Take out the issue of a covenant. " I understand; it's a cloud on their title. They don't want to deal with that issue. So take out the requirement for a covenant. Make it a condition of this approval that they have to come back for a pool. And if they don't -- if they do, the Historic & Environmental Preservation Board deals with those issues. Ms. Rashad is going to be looking at it. If they come back, Ms. Rashad will be looking at it. And it would just go from Ms. Rashad to the board; the board would make the approval. The problem here -- and I think the problem with the applicant -- with the appellee -- with the appellant here is that they don't -- they're worried about my clients getting notice of a tree removal because of any potential pool, and they see that here; that as long as the Historic & Environmental Preservation Board considers this matter of this tree if a pool is in there, my clients, as long as they're living next door, are going to get noticed, they're going to be there, and they're going to object, because they're concerned about that tree. So that's what it comes down to, is their -- my clients are concerned about the tree. They want to have -- if something's going to go on with that tree, they want to know about it so City of Miami Page 223 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 they can go in and appeal it, and that's what these people are concerned about, and I understand it. It makes their job a little bit tougher. And you know what? It's worth it, if it's a little bit tougher on developers in Coconut Grove, who historically have had problems with abiding by the rules relating to trees. So they get to go in front of the Historic & Environmental Preservation Board and explain, and let that board make the decision, and I don't see what's wrong with that. As Coconut Grove's canopy gets smaller and smaller, why not let the Historic & Environmental Preservation Board have a little more say so? Maybe it won't look as had as that picture was shown in the Miami Herald on Sunday. So with that, I want you to understand -- I'd like you to understand that the Historic & Environmental Preservation Board did their job according to the Code, and what they did was very reasonable. Vice Chair Russell: Thankyou, Mr. Gibbs. Mr. Gibbs: Thankyou. Vice Chair Russell: Would you -- Mr. Gibbs: And I would like to ask you to deny the appeal. Vice Chair Russell: One question. Mr. Gibbs: Yes. Vice Chair Russell: Is your client satisfied that the other side did comply with 10 of the 11 conditions? Mr. Gibbs: Well, they agreed to 10 of 11. They haven't complied yet, because it hasn't -- nothing's happened yet. Vice Chair Russell: Nothing's happened yet. Mr. Gibbs: They've agreed to that. The issue, though, is notice. If my clients get notice of any tree review by the City's Planning Department, I think -- I shouldn't put words in their mouth -- they want to have the ability the know what's going on and be able to appeal it. Vice Chair Russell: Thankyou. I agree. Mr. Gibbs: Thankyou. Vice Chair Russell: Would you like to -- Ms. Marrero-Priegues: Yes, please. Vice Chair Russell: -- rebut that? Ms. Marrero-Priegues: Thank you. First, I just want to, for the record, refer to, just technically -- Mr. Gibbs refers to the presentation that was made by the arborist that was hired by Mr. Kurland. Ms. Hammer prepared a report. It was a report that was prepared several days before the HEP Board meeting. We were never given a copy of it, but it was submitted into the hearing. In that report, there is no mention of a pool. She discusses the potential survivability of the trees. She discusses the development. She talks about how the trees needed to be preserved. There's no mention of the pool. The pool came up because Mr. and Mrs. Kurland mentioned the pool, and then she raised the issue of the pool at the hearing for the record. Relative City of Miami Page 224 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 to the conditions, these conditions are over and above. I want this Commission, who deals with a lot of very important issues and wants to send the message to every homeowner in the City of Miami and every homeowner in Coconut Grove that the tree protection rules are going to be followed, that if you file for a tree removal permit and you agree to what the City's doing, you may end up having to put a covenant that says that for you to build a pool on your property when you never proposed a pool, you're going to now have to hire an architect and file plans with the City, and go through a hearing, which may not cost anything to file, but to have me sitting there representing you against Mr. Kurland's appeal -- because he will appeal -- cost time and money and stress. There's a disincentive, and it's the wrong policy, and it's the wrong message to send. And respectfully, I really think that there's other issues with this project that our neighbors have. They've raised concerns with other things that have been addressed. The Rothes have made incredible number of concessions to this -- the design of this project to address his concern, and I sincerely feel that this is one -- this is the last sort of arrow that he can throw. This is the last thing that he can do to stop it, and that's why we're fighting over a pool. We're preserving the trees. We're going above and beyond. Monetarily, this cost us money to build this -- their house; extra money to protect these trees, and it's simply not fair. Vice Chair Russell: Thank you. The appellant would like his -- I'm sorry -- Mr. Gibbs would like your client to speak? Mr. Gibbs: Yes, Mr. Kurland and Ms. Kurland would like to speak, and Ms. Kurland has some information that -- Oh. Vice Chair Russell: I'm sorry. You're objecting? Ms. Marrero-Priegues: I'm going to object to them bringing up additional information and -- Mr. Gibbs: Is this not a de novo hearing? Ms. Marrero-Priegues: You've already done your case in chief. Vice Chair Russell: This is a de novo I've ever heard it, so yes. Mr. Gibbs: It's a de novo hearing; they're entitled to bring up information. Chair Hardemon: I would have thought that you would have brought it up -- Ms. Marrero-Priegues: I would like to see it. Chair Hardemon: -- in your case in chief, though, you know. Mr. Gibbs: I did. They're going to confirm what I said. Those documents that I showed you all -- Chair Hardemon: Okay. Mr. Gibbs: -- are going to be presented to you all in a package. Vice Chair Russell: But only if he starts with a riddle or a joke. We know this guy. Mr. Gibbs: Yes. City of Miami Page 225 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Cecilia Kurland: Good afternoon; maybe good evening. Cecilia Kurland, 3132 Day Avenue. We live in an NCD (Neighborhood Conservation District) community. We love our home. We love our community and the beautiful tree canopy. For several months, my husband and I have been trying to save the three oak trees, which grow on Gifford Lane. We have gone to a great expense in time and resources, with no return expected, other than the long-term survival of these oak trees. We hired two of the most respected arborists in the County, Lisa Hammer and ,Teff Shimonski. I handed you their assessments on these trees; as well, I have attached an [sic] sketch, overlay on the City GIS (Geographic Information System) area. Page 1 shows a small 66 -year-old house being replaced by an out -of -scale duplex, like five times of present square footage. Page 2, the Trees Number 9 and 10, straddle on the property line on Gifford Lane. Tree Number 10 will have to be removed, half of their canopy. Page Number 3, it's the electrical plans showing on "C" -- above the full bathroom, next to the covered terrace. You can see C-1416, future pool equipment, and they're a separate permit. Also, for the legend, in the electrical panel, they do the calculations for the pool pump. It is clearly that the intent of the owner to build a pool; in this case, size matters. Condition Number 7 seems reasonably, especially since the bond for the trees will expire probably in a year after the CO (Certificate of Occupancy). These plans, I make copies; I have the large also, and I request them from the Environmental Resources. It's like they have like bundled all these master permit, I guess. And page 4 is just a visual kind of --to give you a visual -- it's an [sic] sketch to, more or less, where things will go, or how big they are, how the planning and stuff like that goes through the arborist -- I mean, to the roots and canopy of the trees. And the last page is the arborist -- City arborist, Michael McCoy; the request as an alternate construction for the sidewalk, no ground disturbance within 1 S feet of any tree, because as traditional construction of the sidewalk would likely kill the larger oaks. Also, I want to add that in Number 9, the Tree Number 9, in the corner, that will be most impacted by the pool, it has and needs an absolute minimum 15 -feet radius of tree protection required, by all the arborists -- I mean, in all of the reports. And also, it's really a concern, what goes in the back, even if it's just another structure. In conclusion, I believe the conditions are fair for the trees, and they're part of the Chapter 17, and I -- they're at the planning stage, and mistakes on paper can be fixed to avoid and say how these got built on an NCD -2 or NCD -3, so I will -- we live close by. Please drive by to admire the trees. Vice Chair Russell: Thank you. Ms. Kurland: Thank you. Vice Chair Russell: You are? Carolina Cemin: Hi. I'm Carolina. I'm a neighbor of Cecilia's. I've been here twice, but the case has been deferred. I was at work, and I literally ran to Kinko's to make copies of this presentation. I just want to see if I can present for two minutes? Vice Chair Russell: If you can do what? Ms. Cemin: Present for two minutes. Vice Chair Russell: I'm okay with it. Ms. Cemin: Thank you. Is everybody else okay with it? Chair Hardemon: So this is not considered to be evidence. This is -- Ms. Cemin: (UNINTELLIGIBLE). City of Miami Page 226 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: Right. Ms. Cemin: (UNINTELLIGIBLE). Chair Hardenzon: Speak into the microphone; it's okay. I just want to be clear for the record that this is not evidence; this is public comment. Vice Chair Russell: Thank you. Ms. Cemin: Good evening. My name is Carolina. I live at 3130 Jackson Avenue. Thank you for your time. I wanted to just first start off the presentation with a couple of slides. The first three pictures you're going to see are of 3220 Matilda. Please notice the aerial view, dated 2016, on page 2. Now, please just turn to page 3; you'll see a mutilated oak tree. Vice Chair Russell: Just a moment. Ms. Cemin: Yes. Vice Chair Russell: Is this related specifically to this project? Ms. Cemin: It's not, but it's through the development of Coconut Grove; what's been happening when they don't get permits -- Vice Chair Russell: Okay. Ms. Cemin: -- to trim. They overly trim and then they can't -- Vice Chair Russell: I just don't want to confuse the public or fellow -- Ms. Cemin: Right. Vice Chair Russell: -- Commissioners that you're actually showing pictures of this project or this developer. Ms. Cemin: No, but it's noted on the bottom. Vice Chair Russell: Okay. Ms. Cemin: The developer. Vice Chair Russell: Thank you. Commissioner Gort: Question. Ms. Cemin: Yes. Commissioner Gort: The first picture, is that the lot we're talking about? Vice Chair Russell: No. Ms. Cemin: That's the aerial view of 3220. Vice Chair Russell: She wants to show examples of other abuse. City of Miami Page 227 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Ms. Cemin: I just want to make a comparison as to what's going on with the development. When permits are not requested to trim trees, just to remove, there's over -trimming, the trees are mutilated, and they end up dying and being removed completely from the property. So if you turn to page 2, you'll see the aerial view of 2016; page 3 shows the mutilated oak tree; page 4 shows a completely vacant lot, where you have the comparison on page 2 of the aerial view. So on page S, I have a description of the rest of the slides. Page 6 shows 3099 Indiana Street. This property is owned by (UNINTELLIGIBLE), LLC, an LLC where P.L. Clemens is a manager. P.L. Clemens is also a manager for Daydreaming, LLC, the current owner of 3140 Day Avenue. Please look at the aerial view of 3099 Indiana on page 6. Now turn to page 7, and please, please look at the trunk of that tree. Look what they've done to the trunk of that tree. They have no regard for this tree. Turn to page 8. Turn to page 9. Turn to page 10. I can go on forever. Then go to page 12; notice the proximity of the construction to the trees. You barely have -- maybe what? -- nine inches between the trees and the actual construction. Page 13 -- if this developer -- I'm not criticizing. I'm not putting words into anybody's mouth. If this developer had any regard for these trees, they would be able to comply with the request by the HEP Board. I also want to bring up something. This is the last point. The current Code doesn't protect Center Grove from overdevelopment,• it's silent. There's a reserved space for it, so all of the residents are here today, including myself. We just want the best for our neighborhood. We want to preserve the trees. We want to -- you know, we want to mitigate the construction that we're having in our properties. And I think that, you know, it's just -- we're here for a reason. I took time out of work. I rushed over here. It just has to stop. Vice Chair Russell: Thank you. Thank you for your concern and your passion, and your time that you took to put this together. It's clearly been a huge issue that many care a lot about. I want you to know that the NCD does go throughout the Grove, and it is being changed and strengthened. We've been working for months -- over a year now -- Ms. Cemin: I know. Vice Chair Russell: -- with neighbors, with stakeholders, with groups. We didn't want to rush it; we wanted everyone's input. Commissioner Suarez: (UNINTELLIGIBLE) question. Vice Chair Russell: And the Planning & Zoning Department -- Commissioner -- has been working with my office and with the residents to make sure it's done right. I'll be hoping to bring the new changes right after the break. Ms. Cemin: I think you guys continue to see these appeals and stuff, because we have no protection currently in Center Grove, so we're -- the waivers and then, you know -- itprompts us to come out here, waste time, waste money, waste -- Vice Chair Russell: Thank you. Ms. Cemin: -- the resources, so. Vice Chair Russell: I've seen the same abuse. Thank you. Ms. Cemin: Thank you so much. Nathan Kurland: Commissioners, ladies and gentlemen in the audience, seems like forever when I said those exact same words at about 9:30 this morning. On March 7, 2017, our appeal was presented to the HEP Board; feels something like this City of Miami Page 228 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commission meeting today. Imagine, though, if you've been sitting in those chairs since March 7 of 2016. Normally, I start out with a joke, but I'm not feeling very humorous right at the moment. This is not a happy story; this is a very sad story. Regardless of how you vote today -- and I hope you'll be voting that you enforce the HEP Board's conditions. Should you do that, Cecilia and I are not going to be applauding and jumping up and down for joy. We used to be friends with our neighbors; now we barely speak. I handed you a copy of my appeal to the HEP Board, which clearly in yellow -- and I will read this so that the audience may hear it. "This duplex, as designed, will negatively impact the canopy and roots of the oak trees, Number 1, 9, and 10. The driveways, balconies, pools, fences, and the extended stair well enclosure of 400 feet will also negatively impact the canopy and roots of these trees, Numbers 1, 9, and 10. The project should be redesigned to lessen the impact on these trees. " The appellant seems to think that I did not mention these Seminole oak trees in my appeal. I wasn't overly concerned with a schefflera that is an invasive species, or the fichus that straddles our property. What I was very pleased to hear was the HEP Board very concerned with three trees. Most of you know, we run the Gifford Lane Art Stroll, of which the Rothes are a part of, as well. This is a community event that raises money for two charities: St. Stephens AIDS (Auto Immunodeficiency Syndrome) Ministry and St. Alban's Head Start Program. These trees are known throughout to provide canopy. I'm not accusing the Rothes of trying to cut down trees. What I am asking is the right to say, "You need to go before the HEP Board if you want to build a swimming pool, " Because, gentlemen, rest assured, if the house is built, and there's no covenant that says -- or no agreement that says we can appeal the pool, it will be too late. The house will be built; the damage to the roots will be done. We need to have some kind of approval so that we can say, "Yes, this pool will not damage those oak trees. " In closing -- and I'm trying to make this as brief as I can, because I realize many of you have been here all day today, as have I, as have you. Please, these oak trees are important. The protections provided by the HEP Board's conditions are important. And we urge you, as well as the 391 people who signed our "change.org" petition, to save these trees and do whatever we canto protect them. Thank you. Vice Chair Russell: Thank you. Ms. Marrero-Priegues: Mr. Vice Chairman, Mr. Chairman, I think my client would like to address the Commission briefly, since Mr. -- Vice Chair Russell: Briefly, please. Ms. Marrero-Priegues: --Kurland spoke. Glen Rothe: Hello, Commissioners. My name is Glen Rothe. I am the property owner at 3140 Day Avenue. My wife and I, we do reside at 3214, as previously mentioned, directly across the street. I'm not a developer. I'm not a real estate investor. I am simply an individual who was fortunate enough to purchase the property in Coconut Grove, across the street from where we currently have been renting for the past seven years, with the intention of being able to build a home for myself and my family. We lived across this lot for seven years. We look at it every day, every time we go outside, every time we go out of the driveway, every time we walk down the street. We've always admired the three oaks. When we purchased the property, we knew the importance of these specimen trees. I mean, we hear about it all the time. We're, you know, very involved in the community; as Nathan mentioned, in the Gifford Lane Art Stroll. You know, we are very familiar with the sensitivity to the trees, the tree canopy. We know the importance of those trees, because they provide beauty to the property, they --you know, to the property, to the residents of the street. It's never been our intention to do any harm or remove any of the three oak trees. We want them on the property. We enjoy that canopy as much City of Miami Page 229 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 as everybody else. We're actually going to be living on that side of the property, so to have those trees healthy and alive, and provide a canopy for our house is very important. You know, we did file for the removal of those two trees on the property, one of which, as I mentioned, was a scheflera; the other, the fzchus. In the process of gaining that permit, you know, the HEP Board issued the resolution for the 11 conditions; most of them that didn't pertain to the removal of the two trees. In the spirit of trying to be flexible to our neighbor, the Kurlands, and work within the constraints of this -- the HEP Board order, we did agree to 10 of those 11 conditions, and we're willing to comply with them. We understand the importance of protecting any trees on the property and the canopy, which is why we have no issue with protecting the 10 conditions that do protect those trees. So we filed the appeal because we don't agree with Condition Number 7, which states, "A covenant prohibiting the installation of a swimming pool without approval from the Historic & Environmental Preservation Board. " By issuing that condition, they went above their authority, I believe, in my personal opinion, in requiring a covenant that is really irrelevant and unrelated to the intended decision. Requesting a pool permit in the City of Miami requires a process. There's a process in place if you want a permit. It includes getting reviews by electrical, by plumbing, by Public Works, by Structural, and Environmental Resources. Environmental Resources is involved in the pool permit process. So they look at the impact of the pool on the trees, on the roots, and everything else. We have no problem with that. That's what we plan on doing, just like anybody else that wants to build a pool on their property. We're going to abide by all those conditions that we mentioned. And, you know, in reality, I don't think this is about the trees. You know, this isn't about the trees. We're willing to protect the trees. We're willing to do whatever we can. Our lawyer mentioned, you know, some other things that we've done over the course of time to help alleviate some of the concerns that the Kurlands had. We made structural changes, because one of the issues that Nathan had was that by putting up a building next to his, or building a house next to his, it would be too dark; it would impede the light that's coming onto his building. But now he's saying he wants to protect the trees. So to me, that's a little hypocritical, but, you know, it's neither here nor there. Just some -- one other point that I mentioned. The change.org petition that -- actually, you know, I've seen it; 398, I think, signatures, many of which come from people who live way outside of Miami. But it's interesting to me when I first saw that petition, because on the front of the petition, was it a picture of the scheflera? No. Was it a picture of the fzchus that we wanted to remove? No. Vice Chair Russell: Sir, I don't -- we don't have a copy of this petition. Mr. Rothe: It was a picture of the oak tree, one of the oak trees that we had absolutely no intention of doing anything with, except protecting it. So from that perspective, I think that the petition was a little misguided for people who are looking at it. So, as I mentioned early, I'm not a developer, you know, and I'm not a real estate investor. I'm just a tax paying property owner. I'm interested in building a home for me and my family to live in. We -- you know, it just allow us to continue and enjoy the beauty that's Coconut Grove. So I just appreciate your time. I appreciate your consideration. Vice Chair Russell: Thank you, Mr. Rothe. Is it "Roth" or "Rothe"? Mr. Rothe: It's Rothe, but I answer to -- Vice Chair Russell: Rothe. Mr. Rothe: -- many different things. City of Miami Page 230 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Vice Chair Russell: I would like to know how to say it right. Mr. Garcia, question, please. In the process of applying for a pool, whether now or in the future, will there be a environmental consideration made at that point? Mr. Garcia: By virtue of being in the NCD, it will be referred to Environmental Resources. And if any trees, whatsoever, on the property are affected -- and I want to emphasize, I don't mean necessarily relocated or cut down, but affected to any extent, including the root bubble or the canopy -- then that would trigger a posting and the possibility for any affected property owners or neighboring property owners Vice Chair Russell: Got it. Mr. Garcia: -- or (UNINTELLIGIBLE) property owners to appeal. Vice Chair Russell: Thank you. And if there is a dispute, it would arise to the HEP Board at that point? Mr. Garcia: The appeal would go to the HEP Board in first instance, and subsequently to you, if that would be the case. Vice Chair Russell: You know, it's a shame that you all are enemies now at this point, because you are neighbors, and there is, you know, always a good chance of being friends and having an issue. What we have here is a process that actually worked. We had someone who is developing their home that did not try to remove large trees. You can seethe two trees he was going for weren't actually -- specimen trees were an issue, at all. That triggered a system that had the NCD, you know -- we have our elevated level of scrutiny, and everything was caught of what trees are there; looked at the plans; HEP Board made a decision. Now, here's where HEP Board is recognizing some flaws in our system, and they are trying to recti those flaws. Notification in the City of Miami is an issue. It's not perfect. It's far from perfect. People don't know when they are able to appeal something. They don't know how many days they have. Sometimes, they don't receive it in time. They don't know their rights, and things happen before you know it. Something's cut down; the chain saws are running. So I understand what they were trying to do. Because under many circumstances, when someone does apply for that pool, they will get a chance to damage that tree or remove it, or break the roots before it gets through the system and it's caught too late. So the HEP Board is -- by sniffing at the fact that there will be a pool anticipated, they're trying to force the system back to them without a system of notification, or checks and balances that are already in place. And there's a lot of passion on all sides there, and I understand that, and I'm -- it's a real shame that you all are where you are now. I'm very pleased to hear that 10 of the 11 conditions are acceptable; that you're not fighting those at this point, and I do believe that there is a process in place that better damn well be followed, if and when a pool is considered; and that process, I'm talking about from all sides; from the owner of the property to the City, as well. And so, what I will be moving is that we adopt the decision of the HEP Board and all the conditions, save Condition Number 7. And so, I've asked Barnaby to draft a version of that resolution that would reflect that. I'm sorry. So my motion is to adopt this resolution that's been amended and -- which would basically do that. It would uphold the decision of the HEP Board, honoring 10 of the 11 conditions. I do believe that Condition Number 7 is beyond the scope of what the HEP Board is able to mandate, because they are, possibly right, assuming that a pool will be there or be planned for there. But they're beyond their scope in mandating that if and when that's contemplated, it has to jump directly to the HEP Board. The process would be the application of the pool, which would trigger the City system of protecting those trees at that point, which those trees are City of Miami Page 231 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 magnificent. So for us to drop the ball on this in any way -- and I'm sure all parties involve will not -- would be a shame. Mr. Gibbs: Could I ask you a question? Vice Chair Russell: Of course. Mr. Gibbs: The process -- I understand that Francisco said that once it gets to the environmental division, it can -- that -- whatever decision is there may be appealed by affected parties -- Vice Chair Russell: Yes. Mr. Gibbs: -- to the HEP Board. But the real question is -- and this is a problem I've had with the City of Miami notice -- is that there's all these appellate rights that people have, but there's no way of them getting notice of that decision. So the question I have is: If the Planning Department makes a determination, one way or the other, that a pool's applications come in, that there's no problem with Tree Number 9, or whatever tree, how -- is there a notification that goes to affected property owners or just abutting property owners? Because if there is no notification to abutting property owners, it's meaningless. It's a meaningless statement to say that my client has the right to appeal, because my client won't get notice. Vice Chair Russell: I would agree. Mr. Gibbs: And that's the problem. And that's why I would say that if you want to modem the decision of the HEPB, then put in as the condition that in this process that abutting property owners get City notice; that the City provides notice to those abutting property owners, because without it, this is not -- Vice Chair Russell: Thank you. Mr. Gibbs: You know, a pool will be built without anybody knowing about it. Vice Chair Russell: Mr. Garcia, upon the decision of the department, with regard to a tree, is there notice given to the abutting property owners? Mr. Garcia: There is notice posted in the public right-of-way, prominently displayed, and there is also a notice emailed to all the registered interested parties, whether that be homeowners associations or any individuals who register in the notice registry. Vice Chair Russell: All right, I'll -- Mr. Gibbs: So does that mean that -- Mr. Garcia: And I'll add, if I may briefly, should the Kurlands be interested in registering themselves, they would be able to do that, and they would receive a notification individually. Vice Chair Russell: But abutting owners do not? Mr. Garcia: Not -- Vice Chair Russell: Not directly (UNINTELLIGIBLE) City of Miami Page 232 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Garcia: -- necessarily. Not required. No. Vice Chair Russell: I'll do but one better than a condition of this agreement. I'll direct management to start working on a plan that will actually create direct notification of abutting residents for tree decisions, so that they have the chance to appeal and be notified, and not have to take a walk outside and see the poster that might be on -- Mr. Gibbs: On the ground. Vice Chair Russell: -- the tree. Mr. Gibbs: Okay. Thankyou very much. Vice Chair Russell: And I'd like to start a review of the entire notification system throughout, and that's just the first step, but I'd like to start with that. Ms. Cemin: (UNINTELLIGIBLE). Vice Chair Russell: Briefly, please. Ms. Cemin: Really, really brief. I'm a neighbor to one of the clients that Ines has. Ms. Marrero-Priegues: That's totally irrelevant. Ms. Cemin: It's not irrelevant. Ms. Marrero-Priegues: It is. Ms. Cemin: They didn't pull the permit for the pool. They dug up the pool. They -- Vice Chair Russell: Abuse is rampant. It's true. Ms. Cemin: They took the trees out. It's only because I contacted the City afterwards, and I said, "They already started to dig a pool. They removed trees without the permits. " Quatisha was copied in the emails. They gave them 24 hours to pull the permits after the trees were removed, and the pools were dug. That's not fair. I was never notified. There was no notice given to me. There is no notice posted. The pools were dug -- Vice Chair Russell: Thank you. Ms. Cemin: -- the trees were removed, and nobody knew about it. And you know that's true. Vice Chair Russell: Please. It's not relevant to this case, but it is relevant to the issues going on in the Grove. There are flaws in the system -- Ms. Cemin: Yes. Vice Chair Russell: -- and we are tackling them. And my office is very happy to bring them on and change the Code, change our process in any way to make it better, but I don't want to change the scope of our boards and what they're able to do because of those flaws to jump the system and try to make up for those. I'd rather fix the system. Ms. Cemin: Yes. City of Miami Page 233 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Vice Chair Russell: And so that's -- So, Joyce, unless -- we really need to move on. It's a long night for these poor folks. Ms. Nelson: I just wanted to thank you for trying to fix things. Vice Chair Russell: Thank you. Ms. Nelson: And I volunteer my help. Vice Chair Russell: Well, if you're going to compliment me, I'll let you come and talk. Anyone else? Ms. Nelson: I could talk more, right? Vice Chair Russell: All right. So I have a motion on the -- I'm sorry. I have the -- I don't have the gavel, so I'd -- I'll just pass the gavel to make the motion. Commissioner Carollo: I don't know if you physically (UNINTELLIGIBLE). Vice Chair Russell: The Chair is here, so I'll make the motion, please, to adopt this resolution, as amended. Chair Hardemon: It's been properly moved. Is there a second? Is there a second? Seconded by the Chair. Commissioner Carollo: Mr. Vice Chair. Chair Hardemon: Any discussion? Commissioner Carollo: Yeah. I just -- I -- so let me understand. Before they do any digging or anything with a pool, they have to pull a permit, which then will go to the HEP Board to make sure that it's -- Vice Chair Russell: Not to the HEP Board; to the department, the Environmental Department. And if they deny it, it can be appealed up to the HEP Board. Commissioner Carollo: Yeah. Because I see the argument with regards to the roots. You could kill a tree; not necessarily by cutting it, but by killing the roots, so that's where I'm concerned that -- Vice Chair Russell: Most likely, a pool will be denied in that spot because of how tight the building is to the back and what's left there, but we can't make that assumption at this point, because they haven't presented a plan for a pool, so someone -- If they present a plan for a pool, unless it's all the way to the east, or it's very small, most likely it will be denied. But we have to let our process take that -- To elevate it automatically to the HEP Board, it's not their job at that point. It's saying Quatisha's job doesn't matter, and Francisco's job doesn't matter. I mean, we have a lot of faults. I mean, we don't have enough inspectors. We don't have enough notification process, but we need to fix that. Commissioner Carollo: And again, I guess I just don't want it to fall through the cracks. That's why I'm bringing up the argument. Vice Chair Russell: Nathan Kurland is on the case; it will not fall through the cracks. City of Miami Page 234 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Unidentified Speaker: (UNINTELLIGIBLE). Vice Chair Russell: And not you; anyone who has this issue. Next-door neighbors will be notified of tree decisions. Chair Hardemon: Any further discussion? Commissioner Carollo: Would that be a recommendation, or would that be a direction to the Administration that abutting neighbors will be notified? Vice Chair Russell: Yes -- Commissioner Carollo: Okay. Vice Chair Russell: -- of tree decisions in order for them to appeal. Commissioner Carollo: So make -- so if we could include that -- Vice Chair Russell: As a -- Commissioner Carollo: -- as a friendly amendment for this. Vice Chair Russell: Accepted. Commissioner Carollo: Okay. Mr. Garcia: May I request that that be done as a separate motion, for clarity sake? Vice Chair Russell: Fine. Once we vote this item, I will make a motion; not only for this item, but from here forward. Chair Hardemon: All right. Any further discussion? Commissioner Suarez: Yes. Chair Hardemon: You're recognized. Commissioner Suarez: No, (UNINTELLIGIBLE). Chair Hardemon: All in favor of the item, say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion shall carry. Commissioner Carollo: Now -- Mr. Hannon: As amended. Vice Chair Russell: Now I'd like to make a motion that from here forward, we offer written notification to abutting neighbors of tree decisions -- in the NCD or citywide? Commissioner Carollo: NCD. Vice Chair Russell: -- in the NCD -2 and 3 for tree removals in order that they may have time to appeal, if necessary. City of Miami Page 235 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Suarez: Second. Chair Hardemon: It's been properly moved and seconded. Any further discussion? Hearing none, all in favor of the item, say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. PZ.18 RESOLUTION 2170 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of GRANTING/DENYING THE APPEAL FILED BY BARBARA LANGE Planning and AND KATRINA MORRIS, REVERSING/AFFIRMING THE DECISION Zoning OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, WITH CONDITIONS, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS THAT WAS SOUGHT FOR THE PARTIAL DEMOLITION OF AN EXISTING STRUCTURE, THE RECONSTRUCTION OF A THEATRE, AND THE NEW CONSTRUCTION OF A PARKING GARAGE WITH RESIDENTIAL UNITS AT THE INDIVIDUALLY DESIGNATED HISTORIC SITE KNOWN AS THE COCONUT GROVE PLAYHOUSE, LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY, MIAMI, FLORIDA. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item PZ. 18 was deferred to the October 26, 2017, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.18, please see "PZ Order of the Day. " PZ.19 RESOLUTION 2193 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE Department of APPEAL FILED BY LAZARO PRIEGUES ("APPELLANT") AND Planning and REJECTING THE CITY OF MIAMI'S ISSUANCE OF INTENDED Zoning DECISION B-30804 FOR THE REMOVAL OF NINETEEN (19) THATCH PALMS IN THE GENERAL AREA LOCATED AT THE INTERSECTION OF SOUTHWEST 19TH AVENUE AND SOUTHWEST 14TH TERRACE, MIAMI, FLORIDA. ENACTMENT NUMBER: R-17-0397 City of Miami Page 236 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardenzon: We -- Commissioner Suarez: Mr. Chair, if I may? I have a resident that's been waiting here basically all day on PZ. 19; if we could hear that, please? Chair Hardenzon: Of course. Commissioner Suarez: He's been here patiently, poor guy. What time did you get here? What time did you get here? Lazaro Priegues: 9: 30, I guess, yeah. Commissioner Suarez: 9:30. Mr. Priegues: Thankyou so much, Commissioners, for hearing my appeal. I'm here to talk about the City's decision to remove 19 palm trees. Oh, I'm Dr. Lazaro Priegues. I live at 1923 Southwest 13th Street, for 15 years. I've been practicing internal medicine down the street at Mercy Hospital for more than 20 years. I'm here to appeal the decision that the City has made to remove more than -- well, 19 palm trees around a newly constructed traffic circle on 19th Avenue and 14th Terrace, two blocks down from my house. Let me just first say that this traffic circle, which was recently built, has turned out to be a real damper in the neighborhood. A lot of trees had to be removed in order for the traffic circle to be put in, and most of the neighbors who had originally wanted the traffic circle are now furious, because when they signed the consent, there was some fine print at the very bottom that said: The palms are -- can be changed by the City. And they didn't read the fine print, and they were changed. So people were very happ -- unhappy with this traffic circle. But it just gets worse, because as a result of this traffic circle, the City has decided to cut down 19 trees, palm trees that have been in the neighborhood for more than 10 years; more than 10 years. These are very rare, beautiful palm trees from the Caribbean. And it seems almost arbitrary that the City is doing this around a traffic circle that's two blocks away. One of the neighbors was so disgusted by this, what happened with the traffic circle that he actually sold his house and -- because the City had not done any landscaping initially around the circle, the -- one of my neighbors had planted a couple of Poinciana trees right there by the circle, on the (UNINTELLIGIBLE). But these palms trees -- getting back to the palm trees -- were planted by many people in the neighborhood after Hurricane Wilma had decimated our canopy. And this is before Commissioner Suarez came on the scene and got very proactive in helping Shenandoah have a very decent tree canopy, so these trees go way back. And I would like to pass out a blueprint that the City did where it shows the traffic circle on 14th Terrace; and yet, most of the trees that they want to take down are two blocks away. We clearly -- If you could do them a favor --or I should pass them around? Unidentified Speaker: Right now. Mr. Priegues: Okay. You see a line that says, "End of construction. " Well, that end of construction is 14th Street. And most of the trees the City wants to take out are one block up, which are not shown in the map, and that's 13th Street, down the City of Miami Page 237 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 corner from me. So I really do believe that these -- that this is overreach by the City. These very old and grandfathered trees are -- should be grandfathered into the City. The neighbors planted them, as I mentioned, because the canopy was decimated. Commissioner Suarez: Move to accept the appeal. Commissioner Carollo: Second. Chair Hardemon: Been properly moved to accept the appeal. Commissioner Gort: What was the motion? Chair Hardemon: He moved to accept, so it'll be to -- Commissioner Suarez: His appeal. Barnaby Min (Deputy City Attorney): The appeal. Chair Hardemon: -- the appeal. Commissioner Suarez: To grant the appeal, right. Chair Hardemon: It has been -- Commissioner Carollo: And I seconded. Victoria Mendez (City Attorney): Commissioners, is there any way that, based on the recommendation of the Planning Department, maybe not remove all the trees, but remove some of the trees -- Commissioner Suarez: No. Ms. Mendez: -- in between? Commissioner Suarez: No. We tried to solve it, but we couldn't. Ms. Mendez: Okay. Commissioner Suarez: We have to grant the appeal. Daniel J Alfonso (City Manager): For the record, the plants are in the visibility triangle of the intersection. If somebody gets injured at the intersection, the City is liable. Mr. Priegues: Well, they've been therefor 10 years, and that hasn't happened. Commissioner Suarez: Yeah. Mr. Priegues: And the other thing is those corners are not perfect corners. Those are round corners -- Chair Hardemon: Sir. Mr. Priegues: -- and that does not -- Chair Hardemon: Sir, sir. City of Miami Page 238 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Mr. Priegues: -- affect the visibility triangles. Commissioner Suarez: Thankyou. Mr. Priegues: Thank you so much. Commissioner Carollo: Madam City Attorney, I think our Manager again went into the legal realm. Could you address that, if there's a liability or not, because as far as I know, he was the City Manager, not the City Attorney. So could you please address that? Ms. Mendez: I'd rather not address those liability issues right now. Commissioner Suarez: Of course not. Ms. Mendez: I will -- I'd rather not, Mr. Manager. Commissioner Suarez: Mr. Chair, look, I think the City has -- It's interesting. We've taken a very -- unfortunately, we've taken a very hostile approach to residents who have tried to beautify neighborhoods by planting trees in the public right-of-way. This is not the first resident that comes to us, you know, with a -- you know, who's been trying to beauty their neighborhoods, and the City is taking a hostile approach. I don't know why it's happening. The traffic circle -- that traffic circle has been a debacle. It was totally different than what was sold to the residents. The residents, you know, fought very hard to get a traffic circle, with the intention of beautifying the neighborhood, in part; and obviously, mitigating the traffic. I think, you know, the second part is, you know, I -- and I say this respectfully to our -- some of our professionals, who are professionals, and I appreciate their professional opinions and their professional work. But, you know, our world is now being dominated by engineers; traffic engineers, you know; Public Works engineers, you know. I mean, you go to a traffic circle, and there's 75 signs en route to that traffic - - There's not a bunch of trees; what there are is a bunch of signs. There's a bunch of metallic signs with -- that are bright yellow. And, I mean, it's absurd. It's -- it totally penetrates our -- And talk about visual pollution -- we have people that come up here and talk about visual pollution and how our neighborhoods are being inundated with visual pollution. Well, to me, these signs that dominate these traffic circles or whatever are visual pollution, and I get complaints about them constantly. I'd much rather have trees than a variety of different signs. If we could put signs up temporarily around some of these things so people will -- at the beginning, they understand that there's the thing, but at some point -- you have lights on your car, you know; you can put little reflectors. You know, it doesn't have to be 85, 000 signs. And for me, I mean, something as simple as doing a traffic table more than four inches -- we can't do a traffic table more than four inches, because some engineer in some book -- which is called "The Green Book, " by the way -- at one point decided that four inches was the optimal amount; and so, therefore, no matter how terrible the traffic tables are -- okay? -- no matter how ineffective they are in our community, after a community gets the County to finally consent to a Memorandum of Understanding, where we get to put them; gets the best standard, which is something that I negotiated with the County; we have to get all -- 66 percent of the residents, two-thirds of the residents onboard; and then 100 percent of the residents where a traffic table touches -- and then we can't build a traffic table tall enough to slow anybody down? I mean, that's absurd. Chair Hardemon: Well, they don't want to scratch the bottom of his Porsche. Commissioner Suarez: Look, they don't want to -- City of Miami Page 239 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Gort: The -- what? Commissioner Suarez: Trust me, they don't have a Porsche. Chair Hardemon: I just assumed, that's all. Commissioner Suarez: But he assumed -- Mr. Priegues: That's low enough. Commissioner Suarez: -- he and others decided that -- The Shenandoah community, when we talk about historic preservation, and its -- the Shenandoah community has really, really fought hard to beauty the community, and they're often getting short- changed. And I just -- I feel morally compelled to do it. I don't think that there is a high volume of accidents there; if there were, we would know about it; not in the circle, by the way. This is two blocks from the circle. Mr. Priegues: Yeah. This -- where most of the trees are going to be cut; two blocks away. Commissioner Suarez: Not the circle. So -- Mr. Priegues: It's strange. Commissioner Suarez: -- I move to grant the appeal, and, you know (UNINTELLIGIBLE). Chair Hardemon: Commissioner Gort. Commissioner Gort: I don't have any problem with that. But we need to understand, our professionals have to tell us their opinion. Then if we want to change policy, we change it ourselves. Commissioner Suarez: That's what I m saying. Commissioner Gort: But we're entitled to get the professional services there. Commissioner Suarez: Agreed. Commissioner Gort: Okay. Chair Hardemon: You got any more trees? Commissioner Gort: I don't have any problem. Commissioner Suarez: Excuse me? Chair Hardemon: You got any more trees? Vice Chair Russell: I'm going to make tree huggers out of all you guys. I'm going to make tree huggers out of everyone. Commissioner Suarez: You've succeeded. Chair Hardemon: Any further -- City of Miami Page 240 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Commissioner Suarez: By the way, they worked with the Administration. They tried to figure it out -- Mr. Priegues: We want our neighborhood to look like the Grove someday, that's all. Commissioner Gort: But I want you to come over to Allapattah with some trees. We need some trees there. Chair Hardemon: Seeing no further discussion, all in favor; say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Mr. Priegues: Thank you. Chair Hardemon: Motion passes. Commissioner Suarez: Thankyou. Mr. Priegues: Thank you very much. Chair Hardemon: That was -- Commissioner Suarez: Thank you for waiting for 12 hours, by the way. Chair Hardemon: -- PZ. 19. PZ.20 RESOLUTION 2508 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of APPROVING/DENYING THE APPEAL OF WARRANT NO. 2017-0004 Planning and ISSUED PURSUANT TO ARTICLE 4, TABLE 3 OF ORDINANCE NO. Zoning 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO ALLOW A FOOD SERVICE ESTABLISHMENT LOCATED WITHIN A D3 ("WATERFRONT INDUSTRIAL") TRANSECT ZONE AND PURSUANT TO ARTICLE 6, SECTION 6.3.2 OF THE MIAMI 21 CODE TO ALLOW AN OUTDOOR DINING AREA AND THE DISPLAY AND SALE OF ITEMS FROM VENDING CARTS; A WAIVER PURSUANT TO ARTICLE 7, SECTION 7.2.8(8) OF THE MIAMI 21 CODE TO ALLOW THE ADAPTIVE USE TO A RESTAURANT USE IN A D3 ("WATERFRONT INDUSTRIAL") TRANSECT ZONE FOR THE PROPERTY LOCATED AT 125, 127, AND 131 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... ................... Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item PZ.20 was continued to the September 28, 2017, Planning and Zoning Commission Meeting. City of Miami Page 241 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 For minutes referencing Item PZ.20, please see "PZ Order of the Day. " PZ.21 RESOLUTION 2556 A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE Department of APPEAL FILED BY 3637 CORP INC. OF THE ZONING Planning and ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE ON MARCH Zoning 21, 2017, PURSUANT TO SECTION 2-211 OF THE CODE OF THE "DENIAL ABSENT: CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED OR REVOCATION OF CERTIFICATE OF USE," FOR THE PROPERTY LOCATED AT APPROXIMATELY 2657 NORTHWEST 36TH STREET, MIAMI, FLORIDA. ENACTMENT NUMBER: R-17-0398 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) 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 PZ.21, please see "Public Comment Period for Planning & Zoning Item(s). " Victoria Mendez (City Attorney): Mr. Chairman, is there any way we could call back FPL (Florida Power & Light)? Vice Chair Russell: Let's do 21, so these poor folks can get out of here. Commissioner Carollo: RE.16, you mean. RE. 16? Commissioner Gort: PZ.21. Chair Hardenzon: Okay. So listen, there's a number of things. We've got some competing interests here. These ladies and gentlemen have been here waiting, and many of them speak Spanish. And so, we have an interpreter here who needs to depart, and so the request is to hear their item so that the interpreter can be available, if need be. And it appears that a number of people on the dais are interested in hearing that in that fashion. So the item we just had --that was PZ.17 we just had, right? Right. That was PZ.17 we just had. So what we'll do is that we'll call -- Commissioner Gort: PZ.21. Chair Hardenzon: --PZ.21. No problem. Francisco Garcia (Senior Director, Planning & Zoning): Thankyou, sir. Chair Hardenzon: PZ veintiuno, veintiuno. Mr. Garcia: 21? City of Miami Page 242 Printed on 0911 812 01 7 City Commission Meeting Minutes July 27, 2017 ChairHardemon: Veintiuno? Veintiuno. Thankyou. Mr. Garcia: Item PZ. 21 is before you as a resolution. It is an appeal of a Planning, Zoning & Appeals Board decision to uphold the denial of a Certificate of Use applied for by the property owner at 2657 Northwest 36th Street. And I want to emphasize that the Certificate of Use in question is a Certificate of Use for a supper club. That is what's at issue today. I'll defer to the appellants, and we'll be happy to answer any questions you may have. Chair Hardemon: You're recognized, sir. Alan Krischer: Mr. Chairman, members of the board, for the record, my name is Alan Krischer. I'm an attorney with Holland & Knight, with offices at 701 Brickell Avenue. I'm here on behalf of the appellant, 3637 Corp, Inc. I'm joined by Mr. Jim Fulford, who is the owner of 3637 Corp, and my partner, Javier Fernandez. As your staff has indicated, we are here on an appeal of a denial of a Certificate of Use that was issued by staff. That denial was upheld by a split at your PZAB (Planning, Zoning & Appeals Board), after the applicant has received every approval and every authorization at every level for its proposed club. This is a particularly clear instance where the City is equitably estopped from denying this project. They have let the owner complete this project from special exception approval at public hearing to issuing a building permit, to issuing a Certificate of Completion, watching him build out the entire facility; and then, only at the very end, after nine months of waiting even to make a decision, to say, "We're going to deny you after all. " Such a clear-cut case of equitable estoppel that we're hoping that this Commission will observe basic due process and honor the approvals that the City has granted and relied on by the owner. I know that it is very late. I know that we have gone through a very long agenda, but I do need to prepare the record. I have a few items of housekeeping, but I'm going to try and keep it as short as possible. We had a lengthy proceeding before the PZAB. I would like to incorporate into the record the proceedings before the PZAB, the materials that were submitted both by professional staff and by the applicant at that board. We've turned those in to the Clerk's Office. And we would just like to state for the record that our appearance at this proceeding -- because we were here based on an action of the City in denying our CU (Certificate of Use) -- is in no way a waiver of any rights that we may have or an acknowledgment that this is the appropriate venue for this proceeding, but we are hoping that you will make the right decision. Very quickly, to orient you, the subject property is located on the north side of Northwest 36th Street. It's just to the east of Northwest 27th Avenue. As you can see, it is a one-story structure with an associated parking area. In 2009, 3637 Corp applied for and received a resolution granting a special exception to permit a bar and supper club. 3637 Corp came back a year later in 2010, applied for and received an extension of time. Those resolutions are under Tabs 2 and 3 of your materials. They applied for and received a building permit to build out the club in 2013; and in 2015, they approved -- the City approved a modification of that permit, again, allowing continued construction. This construction was a complete gut and redo. They tore out everything in the existing space and have completely built out the club. And I'm just going to take you through a number of photos of the interior. This facility has been built out; the carpeting, the furnishings, the floors, the sound system, the lighting, even down to the glassware and the bottles in the bar, all done with permits, all done with City inspections, all signed off by the City, till we received our Certificate of Completion. We'll go through it a little later in the presentation that all tolled, the owner ended up spending about $1.7 million and finished the club. I'd like to ask Mr. Fulford, who is the current owner of 3 63 7, to come to the mike briefly and just explain briefly his role in the permitting process, and to confirm that those expenditures that are outlined in our materials were made. City of Miami Page 243 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 James Fulford: Good evening. My name is James Fulford. Through the permit process, I hired a company called Burt and Hirsch; did the architectural plans; and another engineering firm, Ricardo -- and I forget his last name -- did the walk- through, through all of the permitting, and I had met with just about everybody here in the City of Miami. I personally went through all of the different disciplines -- plumbing, electric -- and went to pull my permit. And when I met with Sergio Garrido, personally, and the -- My acquisition was handled by Akerman; Gus Maxwell. And when we got to Sergio Garrido, he had a little issue with the timeline of the '08/'09 ZAB (Zoning Advisory Board) ruling. So I took the exception, with everything else that was approved, back to Akerman, and Joel Maxwell was put on the case. Joel Maxwell spent lots of time with the City, going through and getting all of the documentation. And at the end of the day, the timeline was approved and signed off by Barnaby Min. And I have met with everybody. So Joel Maxwell was going to be out of town, so Joel Maxwell sent an email to Maurice Pons, and asked if he would personally meet with me to go through and issue the permit. I went, met with Mr. Pons -- very nice man -- gave me the application, all of the things, and I paid for the permit, and walked out with a permit. I personally paid for all of the impact fees. Impact fees started out at $18, 000 for water and sewer, and whatever, and then rose to somewhere around $40, 000, which I paid for so. And the issue seems to be that nobody knew who I was. I'm kind of a big guy; most of the time, people remember me. And I've met with George Wysong. I've met with Devin Cejas; everybody personally. I'm that way, so -- And I've spent a lot of money on it, and it's been sitting there. You saw pictures of it. The parking lot's restriped, resealed; anew fence. I got rid of the galvanized fence and put up another fence. And the red tide that's here now, saying that they didn't know anything about it, they were there for 47 years. Why didn't they show up in '08 and '09 to object for the supper club? So thank you very much for your time. I appreciate it. Mr. Krischer: And Mr. Fulford will continue to be here to answer questions, if some come up later in the process. The reason that this is particularly egregious is after we completed the perm out, after we -- the buildout, after we got the Certificate of Completion, Mr. Fulford, in June of 2016, submitted for a Certificate of Use; sat therefor nearly nine months with him continually pressing the City for a response. There's a timeline of that correspondence in Tab 7 of your book. Eventually, Mr. Fulford had to hire us to send a demand letter to the City, insisting that they make a decision on his request for Certificate of Use that had been lingering therefor nine months, and eventually they denied it. They denied the Certificate of Use for a laundry list of reasons, but we were able to provide information to the PZAB that knocked out a lot of the concerns, and ultimately, their resolution was based on only one of the issues. Very quickly, staff had raised concern that 3637 had failed to meet some of the time requirements of the original approval, but we dug through our own records, and we were able to find the extension of time that was submitted by 3637 under the statutory extension periods that have been issued for so many public emergencies. Those were submitted to the City, and the City signed off on the extensions of time, allowing us to comply with the original board order. And the document that is in your book shows that the City accepted that the extensions had been properly notified, and they issued the permit in 2013. The City's letters suggested that we had failed to meet one of the platting conditions, but we showed before the Planning & Zoning Board that there was a discussion of a possible platting condition in the staff report, but the resolution only had three conditions. They did not adopt or incorporate a condition for platting, so that was not part of the actual board order. The City had raised a concern that we had possibly failed to meet spacing requirements, because there is a nearby bar supper club called L' Boulevard. It was owned by El Palacio. And the City said, "Well, wait a second. We think that the 2009 or 2010 special exception were issued in error. " But we went to the -- we went to Tallahassee. We met with the office of the -- head of the City of Miami Page 244 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Department of Business Professional Regulation and determined that L' Boulevard didn't have a liquor license at any of the relevant times. They didn't have it in 2010; they didn't have it in 2009; and they didn't have it in 2013, when we pulled our building permit, which is probably why those approvals were granted. There was no error in them issuing it. So those three concerns were knocked out by the PZAB, and they did not base their decision on it. Instead, the basis of the PZAB decision was their concern that there had been a change of operator. The PZAB -- excuse me. The 2009 special exception order, like many of your special exception orders, contains language that says that "The special exception will run to this operator only, and that any change of operator requires a new special exception, " and that's the language right there that shows that. We were, quite frankly, a little taken aback when we saw that in the City's letter, because there has been no change in the operator. The applicant, in 2009, the party to whom the special exception was issued, the party that applied for the Certificate of Use, was 3637 Corp, Inc. It is a corporate entity. That has remained constant throughout all of these proceedings. Any Certificate of Use that is issued for this property, whether there had been any change in the stockholders of 3637, Inc., would be issued to that entity. The operator has not changed. Now, staff maintains -- and I think that they had some acceptance of this before the Planning & Zoning Board -- that there is a policy of the City; there is an interpretation that if there is a change of more than 50 percent of the stockholders of a corporation that that somehow changes the operator. The entity hasn't changed, but there's been a change of ownership of that entity, so that changes the operator. Putting this in context, before I get into that, the City is saying, "We can issue a building permit to an owner. They can build the project that we just gave them the building permit for, but we're going to come back after they built it under the permit that we approved, and we're going to say, 'No, you' -- 'that was wrong.' We shouldn't have given you that permit, because we've now decided that there's an interpretation that means that you shouldn't have had that. " There are a lot of problems with trying to apply that to my client. The first is that there is nothing in your Code that says this. The attorney representing the church pointed out that if there is a violation of laws, if there is a violation of one of your Code provisions that that may be a grounds for not granting us our approvals, but there is no such violation. Your Code is perfectly capable of distinguishing between transfer of ownership and transfer of the entity. There is no language in there. There is nothing in the condition that says that a change of the stockholders of the applicant will result in a change of the operator. This is a completely unwritten policy. Unless you think that this is something that is consistent with how corporations and corporate law normally works, this is the exact opposite. The Florida Supreme Court has said that it is foundational that, unlike other types of artificial entities, the existence of a corporate entity is not affected by changes of its ownership or changes of its management. The general rule is that corporations are legal and distinct from the owners, and the fact that there is a change of ownership does not affect the corporation's existence, its rights, or its liabilities. Under ordinary principles of corporate law, the fact that there's been a change in the ownership of the stock does not have any impact on our rights, vis-a-vis the City, or our obligations, vis-a-vis the City. If we owed the City money, if we hadn't paid our water bills, the City would never accept if we came in and said, "Well, no. That was the prior stockholder; we're new stockholders. We don't have to pay this corporation's hills." The City would say, "No. The corporation incurred these liabilities; they've got to be paid by the corporation. " Even worse, the City doesn't implement this policy that they say should have undone our building permit. We asked the City in a public records request, "Please provide us with any instance where you have asked an applicant coming in under one of these special exceptions 'Who owns your stock?' Has there been a change in the stock ownership? Do you ever look at this in making the decisions whether to issue buildings permits, whether to issue Certificates of Use?" And they said, "No. We don't have any records of that. We don't do that for other supper clubs. We don't do that for other special exceptions. " And they didn't do it City of Miami Page 245 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 here. The reason that Mr. Fulford's testimony is so important is that all of these decisions -- the issuance of the building permit, the modification of the building permit -- all of the inspections happened after he bought to property. This is not a case where the club got built, and then he came in and said, "Oh, I'm going to take over this previously approved club. Hah, hah. Nobody will know this. " He bought this company before the permits were issued. He personally went down and pulled these permits. His attorney -- and this is an excerpt from the correspondence that he referred to -- emailed Maurice Pons and Irene Hegedus, who was the Chief Zoning Administrator in charge of interpreting this provision of the resolution, and said, "Mr. Fulford, the new owner of the applicant company, seeking this permit, he'd like to come down and have a meeting with you. " Mr. Fulford came down, signed the building permit application; said, "I'm Jim Fulford. I'm no longer the Hodas Brothers. I'm the person who owns this. " The permit was issued to the company after he bought it. The City knew that he was the owner of the company. The City never asked, "Please provide information on the ownership. " But he was involved from the very beginning. What we have is a classic case of equitable estoppel. And I'm sorry to be talking about law at 10 minutes to 9, after you've been here all day, but this is important, because this is this man's business; he's invented 1.7 million -- invested $1.7 million. Basically, when the City grants an approval, when they invite someone, "Come in and invest in our community. Come in and spend money doing something; we're giving you the approval to do it, " they can't then come back and say, "Nah. We changed our mind. " They cannot put out the welcome mat, and then snatch that mat away when someone has relied on it. There are three elements of equitable estoppel: Reliance on a governmental approval and a change of position. All three are met. City issued not just the special exception, but building permit, Certificate of Completion, the whole thing. My client relied on those approvals, and went out and spent $1.7 million. If you turn to Tab 26 -- I know we've -- I've thrown that figure around a little bit -- Tab 26 contains receipts, invoices, checks, payments, and an accounting of the 1.7 and change million dollars that he has spent. If you're going to have a policy that says a change of operator means -- even though the operator hasn't changed; change in the stock ownership. If you're going to have that as an interpretation, the time to apply that is before you issue the building permits. If Mr. Fulford had come in in 2013 and said, "I'd like my building permit now to build this out, " and staff had said, "Well, we don't think that it's the same operator, " that's the time when it should have been reviewed. You can't make the call that the new owner of the stock is still entitled to the permit and issue it, and then later reverse that call. Even if you today think that they made the wrong call back then, it was still the call that the City made, and the City is obligated to stay by that, because otherwise -- think about what that means. I mean, we're just a club. We may not be that important to you. There are people that are concerned about it. It may not be the use that you like most. But there's literally billions of dollars that gets invested in this City every day, based solely on the building permits that you issue, and the idea that those permits are the final decision on these matters. And it's not just the multi- million- dollar high-rises; it's every permit for every single-family home, for every business, even for every church. When they get the permit, that is supposed to be end; it is the authorization to build. If owners, lenders, borrowers, contractors, can't rely on the fact that a permit is valid, that there might be some unwritten, undocumented policy that could undo it, that is going to be problematic, far beyond this one case. But this is especially egregious, because the City has already determined that equitable estoppel lays in this case. September 26, 2013, part of what we went through when we were getting the building permit is that Mr. Fulford and his attorneys met with the Building Department, they met with the Zoning Department, they've met with the Office of the City Attorney, and said, "Look at what's going on here. "And the City Attorney's Office determined that the City was equitably estopped then, before we had spent all the money to build out the space. The City was equitably estopped from denying the issuance of the building permit. The City is clearly estopped from taking that back and reversing course after my City of Miami Page 246 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 client had spent so much money, made such a change of position in reliance on the permits that this City has issued. They gave him the permit to build the bar; he built the bar. He passed every inspection to build the bar. The City watched him build the bar over years. The City is now claiming that it should disregard that permit and prevent us from using the very structure that they signed off on, based entirely on a policy that is not in the Code, it is not in the order; it violates foundational principles of Florida corporate law, for which there are no processes, and for which the City does not collect this information, and was not implemented when this club came in for permit. This case is not about any allegation that my client misrepresented any information to the City. There were no errors in the information that were provided to the City. They did not lie. They did not fail to disclose anything that the City asked them to disclose. And in fact, he came in personally and said, I'm the new owner. " Nobody ever asked him about this. Nobody from the City ever said, "We think there's a problem with this operator, " and they had years that this was under review. This is an egregious example of putting out the welcome mat, and then pulling it away after he spent years complying with it. It is not right. It is not consistent with the law. This Commission has the chance to correct this error, and we would desperately like you to overturn the decision; direct staff to give us the Certificate of Use that should have been issued over a year ago. We're available for any questions. Thank you. Chair Hardemon: Counselor. Ms. Hornsby: Hello again, Commissioners. I apologize. I spoke at the beginning of the PZ (Planning & Zoning) agenda, so forgive me if I repeat certain points, but I think it's really important that we -- Chair Hardemon: Can you state your name and who you are for the record, please? Ms. Hornsby: Sure. Neidy Hornsby, and I am a member of the church in question right now, a life-long member of the church; as I stated earlier, a 47 -year-old church, a pillar of the community. I'm here to speak firsthand experience of the adverse effects of having a strip club less than 300 feet, door to door, from the church, because, as I said earlier, we are not speaking in hypotheticals. We currently have an adult video store. We also have L' Boulevard around the corner, and we have consistently experienced an increase in drug-related activities and prostitution. We have had our children had people exposed themselves to; have had people engaging in sexual acts on our property, so for us, it's more -- We understand the business question here and counsel's concern, but we're dealing with the day-to- day effects; what the Code refers to in Section 1301 as "avoidable adverse effects. " And these are avoidable, because we know the type of elements and the situation that these businesses create, because we are currently experiencing it. So to allow -- or to permit the Certificate of Use for a strip club -- again, less than 300 feet from our front door -- creates an adverse effect; not only for the church, but for the residents that live around the area. We are here not only with the folks dressed in red; we have 500 signatures of people that support this position. And we ask that the Planning & Zoning's decision be upheld. We also argue that, you know, the interpretation of a new -- whether or not it's a new operator, I don't know if there's a discussion there, a legal discussion that needs to be had, but that's what the law states, and that's what the Planning & Zoning Board held; that it was a different operator, considering that in 2009, it was a completely different -- it was two owners, not Mr. Fulford, so they argue that it was a different operator, and I think that at least a discussion should be had about that. Briefly, the equitable estoppable -- equitable estoppel claim, as we stated earlier, if the underlying transaction violates any ordinance or statutes or public policy, that argument doesn't stand. And we believe that it violates public policy when we don't have good neighbors. And we City of Miami Page 247 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 ask you to please just hear our cry, and please uphold the Zoning Department's decision to deny the Certificate of Use. Thank you. Commissioner Gort: I'd like to hear from staff. Devin Cejas (Department of Building & Zoning): Devin Cejas, the Zoning Administrator. With respect to the decision that was rendered and the main issue at hand with regards to the conditions, the conditions are clear. They were set forth by the Zoning Board at that time in 2009, specific to that establishment, to that operator -- to those operators that are not the current operators. I believe the -- there was a Transfer of Title done in 2012/2013, where at that time, per the specific language in the exception approval, they were to go back and get another exception at that time. So that's where we stand. That's our position. It was upheld by the Planning, Zoning & Appeals Board, specific to the owners as an operator. And available for any other comments or questions you may have. Mr. Garcia: I'd like to add very briefly that we certainly have no quarrel, in principle, as stated in some of the backup documentation they've submitted with any building permits they may have received. We would encourage them, actually, to improve the property, and to have a proper use there; and the proper uses, of course, are dictated by the zoning ordinance. So if it were to be a restaurant, fantastic; we welcome that. What we have an issue with, as they well know, is the use itself. And the uses ascribed by the Zoning Administrator has fallen afoul of the applicable regulations. Commissioner Gort: In other words, my understanding is, the building permit is issued as a restaurant, so it could be a restaurant. It could be -- which they have a bay, and they have all those things, but the CUs, the use of the facility changes according to the zoning. Mr. Cejas: Correct. Commissioner Gort: Thank you. Mr. Krischer: IfI may, through the -- not through the Vice Chair. IfI might respond to --just to the issues -- Commissioner Gort: Sure, no problem. Mr. Krischer: -- that were raised. First, I'd like to clarify with respect to the attorney. Our use is not open. We recognize that the City has not issued us a Certificate of Use. We have not opened illegally. It has been vacant for a year. So any of the adverse impacts that are being experienced by the church, which are lamentable and horrible, none of them come from our business; none of them come from the club that is before you today, because we have not opened our doors, recognizing that the City has not licensed us. Commissioner Gort: Got you. Mr. Krischer: Second, the law doesn't state that we are changing the operator. There is no Code provision that says, "Change of stockholders means the operator changes. " There is nothing in the condition that says that changing the ownership of the stockholders changes the operators, and the City didn't apply that when we came in for our building permit. And we have no records that the City has ever either asked for that information or applied that information when anyone has ever come in for either a building permit or a Certificate of Use for any of these clubs, notwithstanding the fact that this condition is in dozens of supper club approvals. City of Miami Page 248 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 The building permit was not issued for a restaurant. I want to be perfectly clear. We have been completely open about this use. If you turn to Tab 4 in your book, our building permit has a note right on the cover that says, "This is an adult entertainment establishment with bar and restaurant facilities and a 4COP (Consumption on Premises) liquor license." We have not hidden the ball. We have not tried to sneak in as something other than what we were. The City issued us a permit for the exact use that they are now saying cannot be established on this property. If this use cannot be established by this entity with this ownership, then why on earth did the City give us a permit and let us build it? The law of equitable estoppel is clear. You don't do that to people that are relying on your approvals and spending money and investing in your community when you have said it is okay. And I certainly understand that the neighbors would like to revisit whether the 2009 approval should have been given. Their objection is not to our particular use, but the idea of this use being at this location generally. But as I referred to before, what does it do to the investment in this community when people can come in eight years later and say, "Just undo a zoning approval; we now have a petition. We have a lot of people here that are unhappy. Throw out that 2009 resolution, because we don't think that there" -- "we think there are bad impacts. " The law doesn't allow that, and we think it's terrible policy for the City, and we urge you to do the right thing. Chair Hardemon: Thank you, sir. Any further discussion about it? Commissioner Gort: No more public; close the public hearing. Chair Hardemon: I think we had -- we got -- we had the public hearing. Commissioner Gort: We had public hearing, yes. I'm going to follow the Planning & Zoning Department's recommendation and the Planning & Zoning Board recommendation to recommend denial of the appeal. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded. Any further discussion on the issue? Hearing none, all in favor of the motion, say "aye " The Commission (Collectively): Aye. Chair Hardemon: Against? Motion passes. END OF PLANNING AND ZONING ITEMS) City of Miami Page 249 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 iv, aiv,kel:WkiUZele7iv, 1iv, 16'1'i[07ki14Z&Ak114iv, 611 CITYWIDE HONORABLE MAYOR TOMAS REGALADO ImlkiUZelZelk'iTh1314k9:4iv, 6'1 City of Miami Page 250 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 3403]!;'11:7["ril COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 251 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 IYAN 316119 N 10 W VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 252 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 COMMISSIONER, DISTRICT THREE FRANK CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 253 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ END OF DISTRICT 4 ITEMS City of Miami Page 254 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 31IN3]!;'11:7["IN CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 255 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 FL.1 ORDINANCE 2566 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 2, ARTICLE IV, DIVISION 2, SECTION 207 OF THE Planning and CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, "ZONING Zoning ENTITLED CERTIFICATE OF USE REQUIRED; ANNUAL REINSPECTION OF BUILDINGS AND PREMISES; FEES FOR INSPECTIONS AND ISSUANCE OF CERTIFICATES ", MORE PARTICULARLY BY AMENDING SECTION 2-207(B)(1) TO EXTEND THE EXPIRATION TIME OF APPLICATIONS FOR CERTIFICATES OF USE FROM THIRTY (30) TO NINETY (90) WORKING DAYS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 256 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 NA. NON -AGENDA ITEM(S) NA.1 ATTORNEY-CLIENT SESSION 2750 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 SEPTEMBER 14, 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 IN THE CASE OF VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-02997 CA 09, 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, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, 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 LAND USE/TRANSACTIONS RAFAEL SUAREZ-RIVAS; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND FORREST L. ANDREWS. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Barnaby Min (Deputy City Attorney): If you don't mind, Mr. Chairman, there is a shade meeting we're calling for on July -- September 14. If I may? Chair Hardemon: Go ahead. Mr. Min: Mr. Chairman and members of the City Commission, pursuant to provisions of Section 286.01(8) [sic] Florida Statutes, the City Attorney is requesting that at the City Commission meeting of September 14, 2017, an attorney-client session closed to the public be held for the purposes of discussing the pending litigation in the case of Village of Key Biscayne versus City of Miami, Case Number 15 -02997 -CA -09, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations and strategy discussions related City of Miami Page 257 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 to litigation expenditures. This private meeting will begin at approximately 3 p.m., or as soon thereafter as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairman Keon Hardemon; Vice Chairman Ken Russell; Commissioners Wifredo "Willy" Gort, Frank Carollo, and Francis Suarez; City Manager Daniel Alfonso; City Attorney Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for Land Use Transactions Rafael Suarez -Rivas; and Assistant City Attorneys Kerri McNulty and Forrest Andrews. A certified court reporter will be present to ensure the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney-client session, the City Commission meeting will be reopened, and the person chairing the City Commission meeting will announce the termination of the attorney-client session. Thank you, Mr. Chairman. Chair Hardemon: Thank you very much. NA.2 RESOLUTION 2747 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING MOVER: RESOLUTION NO. 17-0312, ADOPTED JUNE 22, 2017, WHICH Commissioners and AUTHORIZED THE CITY ATTORNEY TO ENGAGE OUTSIDE Mayor CONFLICT COUNSEL FOR THE REPRESENTATION OF THE CITY ADMINISTRATION ON ALL MATTERS IN CONNECTION WITH THE NOTICE OF DEFAULT OF FLAGSTONE ISLAND GARDENS, LLC; AND FURTHER AUTHORIZED THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS ASSOCIATED WITH SAID ENGAGEMENT, SUBSTITUTING IN LIEU THEREOF A NEW RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENGAGE OUTSIDE CONFLICT COUNSEL SOLELY FOR THE PURPOSES OF PROVIDING ADVICE AND COUNSEL TO THE CITY ADMINISTRATION IN THEIR SOLE CAPACITY AS POTENTIAL FACT WITNESSES IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC, ET AL, VS. CITY OF MIAMI, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 17-13829 CA 44; FURTHER AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS ASSOCIATED WITH SAID LIMITED ENGAGEMENT, WITH FUNDS ALLOCATED FROM NON - DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000; DIRECTING THE CITY ATTORNEY TO MODIFY ANY ENGAGEMENT LETTERS PREVIOUSLY SENT TO BE CONSISTENT WITH THE PURPOSES AS STATED HEREIN. ENACTMENT NUMBER: R-17-0393 ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: Reopening the meeting. Madam City Attorney. Victoria Mendez (City Attorney): Chairman, the attorney-client session has ended. City of Miami Page 258 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 Chair Hardemon: Yes. Ms. Mendez: And I think maybe someone wanted to discuss something or --? Chair Hardemon: There's a -- there's something that came about. We haven't officially closed the meeting, correct? So there's something that came about that Commissioner Carollo wants to ensure is addressed on the record. Vice Chair Russell: Pocket discussion item regarding Flagstone. Commissioner Carollo: So we're not adjourned? Vice Chair Russell: We're not. Chair Hardemon: I haven't adjourned yet, unless you -- Did you want --? Commissioner Carollo: (UNINTELLIGIBLE). Vice Chair Russell: We should have warned you. You don't have to put your jacket back on. Commissioner Carollo: So I'm going to address one of the issues that was mentioned in, I guess, the shade meeting with our City Attorney, and it goes back to the original resolution that the City Commission approved, and the minutes that were stated. And this is Vice Chair Russell. Vice Chair Russell: June 22. Commissioner Carollo: Yes. City Commission meeting, June 22, 2017, under CA. 6. Chair Hardemon: May I have one? Commissioner Carollo: You can have one. "Vice Chair Russell: I wanted to get a definition of 'different perspective,' because if the City is hiring counsel to represent the Administration, potentially, against the counsel for the Commission, and they have a different perspective, will be" -- "will we be representing them to carry a different position on whether or not Flagstone was in default or in breach?" Ms. Mendez, you answered: "No, it is not. They will not be. An attorney hired for the Administration will not be lockstep working with Flagstone in order to go against the City of Miami. This is really about procedural matters with regards to the process, and so that they have -- 'they, the Administration,' will have access to an attorney when they have questions, comments, or concerns. That's all this is. It is not -- in an abundance of caution, as well. Unfortunately, this is a big deal, so we're just making sure that everybody has the assistance that they need in order to get through this. " We want to verb that that's what's happening; and at the same time, it appears like the engagement letter had additional language that was a broader perspective than what you clarified here on the record, which, at least from this City Commissioner, I voted in favor because of what you had stated. Ms. Mendez: Right. So thank you. It's interesting that you bring this up, because we've had a little bit of a misunderstanding, I believe, with the counsel that's been hired to represent the Administration. So I thought that the minutes clarified that. Commissioner Carollo: Yes. Ms. Mendez: However, the resolution, as drafted, did not clarify it as well as the minutes. So it would be nice to clam that; that this is, you know, exactly as was City of Miami Page 259 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 stated on the record, and I think what this Commission voted for; which was to give guidance and counsel, but not exactly what's happening now. Commissioner Carollo: Exactly. And I'm starting to have more and more issues with when we are putting things on the record, and I believe that what we're putting on the record is being part of the resolution; at least, the intent of what we're putting on the record, and that's the reason we're putting it on the record, so you understand the intent, and it's written in the resolution. And once we pass a resolution and I take a vote under the belief that this is what I'm voting on, and later on, come to realize that, no, this is not what's happening, I specifically remember why I voted and what was stated on the record, and you see it wasn't -- it didn't take too long for me to find the minutes and see exactly the language that was stated, and all -- And now, you're saying, "Well, the resolution really said something else. " Ms. Mendez: I agree with you that it was clear -- Commissioner Carollo: Let me tell you something. Ms. Mendez: -- but the attorneys have taken -- and you know attorneys can read different things out of it, and -- Commissioner Carollo: Well -- Ms. Mendez: -- the attorneys for the Administration have read more into it. Commissioner Carollo: -- and that's why we're bringing it now to the attention, because we want to make sure that our original intent -- Because, if you recall -- and I could read it -- right before this was stated, here's what I put on the record: "Commissioner Carollo: Why do they need outside counsel? I don't get it. I mean, it's pretty much, if they have to say anything, state what they believe and what they actually did; so how they acted. " So in other words, I didn't know why we needed to provide outside counsel. Vice Chair Russell: Madam City Attorney, now that it's been clarified within the minutes that the resolution does not reflect our intention, do you need a legislative action to clarify that, or can we go back and simply rescind and clarify that original resolution that does not reflect what was stated in the minutes? Ms. Mendez: I tried to clarify that with outside counsel. They did not see it my way; and actually, they disagreed with me. So I think it would need additional clarification from this Commission. Vice Chair Russell: In that case, I'd like to offer a resolution, and I'll pass out copies right now. This is basically a resolution looking to rescind Resolution Number 17- 0312, adopted on June 22, 2017, in its entirety, and substitute this resolution in its place. If you'd like me to read it into the record -- Commissioner Carollo: Please do. Vice Chair Russell: Now, therefore, be it resolved by the Commission of the City of Miami, Florida: Section 1: The recitals and findings contained in the preamble of this resolution are adopted by reference, incorporated as if fully set forth in this section. Section 2: The City Commission rescinds Resolution Number 17-0312, adopted on June 22, 2017, authorizing the City Attorney to engage outside conflict counsel for the representation of the City Administration on all matters in connection with the Notice of Default of Flagstone Island Gardens, LLC (Limited Liability Company) in its entirety. Section 3: The City Commission authorizes the City City of Miami Page 260 Printed on 09/18/2017 City Commission Meeting Minutes July 27, 2017 ADJOURNMENT Attorney to engage outside conflict counsel solely for the purposes of providing advice and counsel to the City Administration in their sole capacities as potential fact witnesses in the matter of Flagstone Island Gardens, LLC, et al., versus City of Miami, pending in the Eleventh Judicial Circuit, in and for Miami -Dade County, Case Number 17 -13829 -CA -44. Section 4: The City Commission further authorizes the expenditure of attorney's fees and costs associated with the limited engagement of outside conflict counsel with the expenditure of funds allocated from Non - Departmental Account Number --and you have a number there listed. The Attorney is directed to modem any engagement letters previously sent to be consistent with the purposes as stated in this resolution, and this resolution shall become effective immediately, upon its adoption and signature of the Mayor. Ms. Mendez: That's great. Vice Chair Russell: So I'd like to make that motion. Commissioner Carollo: I second it. Chair Hardemon: It's been properly moved and seconded. Any further discussion? Hearing none, all in favor, say "aye " The Commission (Collectively): Aye. Chair Hardemon: Motion carries. Commissioner Carollo: Unanimous, with Commissioner Gort, also. Chair Hardemon: All hearts and minds clear? Commissioner Gort: Yeah. Chair Hardemon: Meeting adjourned. Commissioner Carollo: Thank you. The meeting adjourned at 11: 08 p. m. City of Miami Page 261 Printed on 09/18/2017