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HomeMy WebLinkAboutCC 2017-09-19 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com * INCORP ORA fFI 7k 1 I�R��. Meeting Minutes September 19, 2017 9:00 AM Special Meeting City Hall City Commission Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Frank Carollo, Commissioner, District Three Francis Suarez, Commissioner, District Four Tomas Regalado, Mayor Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes September 19, 2017 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Suarez On the 19th day of September 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 special session. The Commission Meeting was called to order by Chair Hardemon at 9:01 a.m., and adjourned atllal a.m. Note for the Record. Commissioner Gort entered the Commission chambers at 9:08 a.m., Commissioner Suarez entered the Commission chambers at 9:11 a.m., Commissioner Carollo entered the Commission chambers at 9:11 a.m., and Vice Chair Russell entered the Commission chambers at 9:30 a.m. ALSO PRESENT.• Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: (INAUDIBLE) 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. I will open the meeting with a prayer and lead the pledge of allegiance. All rise. Invocation and pledge of allegiance delivered. PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PRA PROTOCOL ITEM 2925 Honoree Presenter Protocol Item Procurement Department Mayor & Manager Certificate of Honor Mayor Regalado Florida Rx Card Plaque Commissioner Hardemon Florida Rx Card Plaque Mayor Regalado Ntl Council of Negro Plaque Women Adriana Navarro Mayor Regalado Salute Mayor Regalado Miami Web Fest Renaming Certificate City of Miami Page 1 Printed on 0912712017 City Commission Meeting Minutes September 19, 2017 RESULT: PRESENTED 1) Mayor Tomds Regalado and City Manager Daniel J. Alfonso paid official tribute to the City of Miami Procurement Department under the capable leadership of Annie Perez for winning the National Procurement Institute's 2017 Achievement of Excellence in Procurement Award. A very coveted and prestigious national award, the Achievement of Excellence in Procurement Award recognizes organizational preeminence in public and non-profit procurement. The award criteria are designed to measure innovation, professionalism, e procurement, productivity, best practices and leadership attributes in the procurement function. 2) Florida RX Card presented plaques to Mayor Tomds Regalado and Chair Keon Hardemon in recognition of their ongoing commitment and dedication in supporting the City of Miami's Community Health Initiative, which has helped save residents over $4.1 million on prescription medications. 3) National Council of Negro Women, Inc. presented plaques to Mayor Tomds Regalado and Chair Keon Hardemon in recognition of their outstanding support and commitment to the organization's mission. 4) Mayor Tomds Regalado and Elected Officials paid highest tribute to .journalist Adriana Navarro, for her remarkable contributions to the news in our community and precise reporting on the homeless in our community; specifically the Lazarus Project. Ms. Navarro, a reporter at AmericaTeve Channel 41, is an Emmy Award winner for a special series recorded during the San Fermin festivities. S) Mayor Tomds Regalado recognized Miami Web Fest and paid tribute to Lieutenant Tony Colmenares for his involvement with the veterans' film awards during the event. Chair Hardemon: We will now make our presentations and proclamations. Presentations and proclamations made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Special Meeting - May 30, 2017 10:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez City of Miami Page 2 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 AM.2 City Commission - Regular Meeting - Jun 8, 2017 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: One second. Let's get it all together. Commissioner Suarez: Can I move the minutes? Chair Hardemon: You may. Commissioner Carollo: Second. Chair Hardemon: Been properly moved and seconded to approve the AM.1 and AM.2 meeting minutes, so that's May 30 and June 8. Is there any further discussion about that motion? Seeing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: That motion carries. MV - MAYORAL VETOES City of Miami Page 3 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 MV.1 RESOLUTION 2747 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING Commissioners and RESOLUTION NO. 17-0312, ADOPTED JUNE 22, 2017, WHICH Ken Russell, Vice Chair AUTHORIZED THE CITY ATTORNEY TO ENGAGE OUTSIDE Mayor CONFLICT COUNSEL FOR THE REPRESENTATION OF THE CITY Hardemon, Russell, Gort, Carollo, Suarez 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 THE CITY ADMINISTRATION'S 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 Chair Hardemon: We have one mayoral veto, and before we get there, I want to open up the public comment for that item. So if there's anyone from the public that's here to speak on the mayoral veto, now is the time to speak. Seeing no other person that's here to speak on the mayoral veto, I'm going to close the public comment section for the mayoral veto. Okay. And what I'm going to do now is bring our attention to the mayoral veto. And so, Mr. Mayor, is there something you want to speak about? You're recognized. Mayor Tomds Regalado: Thank you very much, Mr. Chairman. Good morning, Commissioners. As a reporter in the '70s and the '80s, I used to cover the City of Miami Commission; not all the meetings, but they were lively, and we reported on many of the news that generated. The City of Miami has always been the flagship city and, of course, the signature city, so it attracts a lot of attention. So I attended many meetings as a reporter during the '70s and during the '80s. Now, in the '90s, I sat where you're sitting. And for 14 years, I had the honor of being part of this Commission, sitting there; attending all regular, budget, special meetings of the City Commission; emergency meetings, we had many. And then as Mayor, I had the pleasure of watching you legislate. So I always noticed three key persons in the legislation process and the discussion process. You always had the City Clerk or the designee, the Assistant City Clerk. Always. That chair was always filled with someone. You always had the City Attorney or the Assistant City Attorney. That City of Miami Page 4 Printed on 09/27/2017 MOTION TO: Override Mayoral Veto RESULT: ADOPTED NOTWITHSTANDING THE MAYOR'S VETO MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: We have one mayoral veto, and before we get there, I want to open up the public comment for that item. So if there's anyone from the public that's here to speak on the mayoral veto, now is the time to speak. Seeing no other person that's here to speak on the mayoral veto, I'm going to close the public comment section for the mayoral veto. Okay. And what I'm going to do now is bring our attention to the mayoral veto. And so, Mr. Mayor, is there something you want to speak about? You're recognized. Mayor Tomds Regalado: Thank you very much, Mr. Chairman. Good morning, Commissioners. As a reporter in the '70s and the '80s, I used to cover the City of Miami Commission; not all the meetings, but they were lively, and we reported on many of the news that generated. The City of Miami has always been the flagship city and, of course, the signature city, so it attracts a lot of attention. So I attended many meetings as a reporter during the '70s and during the '80s. Now, in the '90s, I sat where you're sitting. And for 14 years, I had the honor of being part of this Commission, sitting there; attending all regular, budget, special meetings of the City Commission; emergency meetings, we had many. And then as Mayor, I had the pleasure of watching you legislate. So I always noticed three key persons in the legislation process and the discussion process. You always had the City Clerk or the designee, the Assistant City Clerk. Always. That chair was always filled with someone. You always had the City Attorney or the Assistant City Attorney. That City of Miami Page 4 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 chair was always filled with someone from the City Attorney's Office. And you always had the Administration; 90 percent of the time, the City Manager, Assistant City Manager, or a department director. There's always one person from the Administration sitting in that chair. So the night that you passed this resolution, something was missing. There was an empty chair, and there was the Administration's empty chair. And I am sure that it was a very long night. I'm sure that nobody noticed. And I'm sure that someone is going to say, "Well, it's the first time that this happened." So the question is, "Is it fair to the Administration, actually?" because the legislation that you approved had to do specifically with the Manager, and we know about this Manager. He don't mind staying late or coming early and sitting in the chair or have someone from the Administration sitting in that chair. So the night that you discussed or approved that legislation, I wasn't here. I was told it was like 11 p.m. And my understanding is that the Manager was advised that all the business were done. So because it's very unusual and because it's very rare and because it's very dangerous that we don't have the three person here, I decided that it was my duty to issue this veto, and I know that the vote was veto - proof, but I just wanted to have the possibility of telling you that the Manager wasn't here, so he wasn't able to express what he feels he needed when you were discussing this item. He was not able to attend the meeting, because you had a shade meeting with outside counsel, so no City Attorney present at the shade meeting, no Manager at the shade -- in the shade meeting, and no Manager or his designee sitting there. This was a very unique situation. And then there is the issue of being fair. You know, the Manager hoped to have representation, and he was kind of surprised to see that representation that he was promised was limited in many ways. So I don't know what you're going to do, but I do think that not having one of these three persons -- well, and we need this -- As in the United States, we have the balance of powers -- we need the City Clerk, we need the City Attorney, we need the Administration. That's the way it is, you know. It never happened before, but I just appeal to you that -- understand that the Manager deserves a fair representation. And by the way, if you want to override this veto, fine by me; I'm retiring with a good score, so -- but I just think that it is wrong for the future to send a message that it's okay to legislate without no one from the Administration or without the City Clerk, or without the City Attorney. Thank you very much. Chair Hardemon: And it certainly was unintentional. So I want to, at this time, give the City Manager an opportunity to say some things, if he had some things to say at the last meeting, because I'm sure there's going to be another motion that's going to be heard today before this Commission. Mr. Manager. Daniel J. Alfonso (City Manager): Thank you, Mr. Chairman. Simply to say that in this discussion, the City Administration would like to have its representation un -- with their hands untied. But if the representative that has been hired by the City would like to maybe say a few words as to what does this mean, I would appreciate that. Chair Hardemon: Please, sir. Commissioner Suarez: Mr. Chair, if I may? Can I add something? Chair Hardemon: Sure. Commissioner Suarez: Just quickly. I would never recommend that the Administration leave before a Commission meeting has ended. Despite what somebody tells you, I would never recommend it. I don't think it's a good idea. Anything can happen. We see pocket items. I mean, things happen all the time. And so, I don't think it's a good practice, because then things like this could happen, and then someone feels like they were left out of the process. But the truth of the matter City of Miami Page 5 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 is, if there's anything that should not have happened is you should never have the Administration leaving before a Commission meeting ends. That should never happen. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: And since Commissioner Suarez brought it up, I just want to ducktail [sic] on that. Not only that; it's the Administration's responsibility to be here. I know I, one of the bosses, didn't tell him to leave, and I don't think any other Commissioner told him to leave. So I think it's the responsibility of the Management to be here, and it can't be pinned on this Commission. Chair Hardemon: Right. No, it's completely understood. Commissioner Carollo: You know, so I want to be clear of that. It cannot be pinned on this Commission. It's their responsibility. I know I, for once [sic], didn't tell anybody to leave. So I want to make sure that that is stated. I'll let the attorney speak before, you know, I'll make other comments. Chair Hardemon: You're recognized, sir. Jon Polenberg: (Inaudible) Regalado. My name is Jon Polenberg. I'm with the law firm Becker & Poliakoff, and I have the privilege and honor of representing the City Manager and his staff. And as Commissioner Russell -- Vice Chair Russell said during the special meeting with Flagstone, the City staff are an assembly of great people, and I have the honor of working with a bunch of them, so thank you for that opportunity. The resolution that Mayor Regalado had vetoed called into question the original decision by this Commission that there was a conflict of interest between the City Manager and staff and the City itself, and what the nature of that conflict was. I want to let the Commission know that the -- what precipitated that shade meeting where that discussion was discussed was the Motion to Intervene, which has been filed in the court. And I'm happy to report that although Flagstone and the City can't agree on very much, they certainly have agreed to -- both have agreed to oppose my motion, so at least maybe there's some room for agreement. Having said that, the decision about what that Motion to Intervene means is going to be decided by the Court. So all I wanted to address with the Commission was the idea and the concept that once a conflict of interest arose, this Commission courageously decided that the City Manager needed separate counsel to represent it in this matter. And the idea would be that we would go forward and make sure that the interests, the rights and authorities granted to the City Manager under the Charter, under statute, and under the contract were protected, and the decision was made to file that Motion to Intervene. That decision is a decision that is only the providence of counsel and his client or her client. And the City undertook the resolution to limit representation because of the Motion to Intervene. There's no other way to interpret that, other than to try to limit the ability for the City Manager to file a motion that his counsel believed was appropriate and prudent. Chair Hardemon: Well, counsel, I want to interrupt you for one moment. The issue that we as the Commission had in the first place was that when counsel was hired, he was hired under circumstances that were overly broad. They were certainly more broad than the grant of authority that we stated on this dais, so then I'm not sure -- it may have been Vice Chairman Russell that end up pulling the minutes to see what exactly -- what was said, what authority was granted to the Administration, and then we -- there, it was really concluded that we did not intend for the type of representation that was being provided. And so, it was the motion that alerted us to City of Miami Page 6 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 -- It wasn't because of the motion, but it was the motion that alerted us that the representation seemed to be a bit overly broad. And so, the Vice Chairman brought about some resolution to better define what it was that we wanted for the City -- or the Administration to have as far as his representation. I'm sure that the Vice Chairman can better explain it than I can, because I'm sure he's prepared for this moment. So I'll recognize you at this moment. Vice Chair Russell: Thank you, Mr. Chairman. Victoria Mendez (City Attorney): (UNINTELLIGIBLE) just briefly comment on this. One, Commissioners, I apologize if there was any miscommunication. The Manager that night had asked me, "What is left?" I said, "Just the shade meeting." So I apologize if I misled him in any way, or made any disservice to this Commission that some motion could have come up. It is very true that something could come up that night. Commissioner Carollo: (UNINTELLIGIBLE) boss. Chair Hardemon: Right. Ms. Mendez: Correct. So I apologize with that. Commissioner Carollo: And you're not his boss. Ms. Mendez: The second thing that I want to make very clear to the Manager and his counsel is that when the decision was made for Becker & Poliakoff to be hired in order to assist the Manager in discovery, assist the Manager and his team in anything and everything they would need, never would I have thought that Becker & Poliakoff would have done a Motion to Intervene in a lawsuit that they had no place in being. Second of all, this Commission hired counsel to assist the Administration for very limited scope. It was very clear in the minutes. Becker & Poliakoffs representatives were here. I take it as a personal affront, the fact that this firm was hired to do work, and it has just decided to turn afoul and probably give bad advice to a client. So with that said, this Commission -- The only thing that this Commission did -- they did not misstep in any way -- and the only thing they did is put in a resolution; make it clear to Becker & Poliakoff that there was a limited scope in the representation. They did nothing wrong. They actually, just after the shade meeting and after talking to outside counsel -- because, of course, I was not at that shade meeting either -- thought it in the best interest to clarify a resolution that was pretty clear before. With that said, I turn it over to the Commission for them to make any other comments. Mr. Manager, if you took this in any way that anyone did anything behind your back, I am sorry for that, but that was not the intention. This Commission, I believe, and the City Attorney, in making sure that you and your staff is represented by hiring Becker & Poliakoff to assist you -- and this whole Motion to Intervene, I think, has gotten out of hand, but with that said, you're still represented, but I don't think a Motion to Intervene is the proper format, but thank you. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman, and thank you, Mr. Mayor. I understand where you're coming from, Mr. Mayor, that you always like to have not only the Commissioners, but their support staff fully available. The original decision happened when all of us were here, and the scope of the hiring of that attorney was very clear with the Manager here and all of the Commission here. We don't always agree. Even up here as a Commission, it's hard sometimes to find consensus; and certainly within the Administration, we don't always agree, and there's hard -- it's difficult to find consensus. But once we come to a vote, once we as a Commission City of Miami Page 7 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 unanimously decided to find Flagstone in default and to terminate the agreement, at that point we are one as a city. The Administration is one. The Commission is one. Let's say there was a dissenting vote on the Commission. We still have to go with the City. It would be an absolute legal farce to believe that we should have two separate representations for the City and for the Commission potentially taking adverse positions. So when that legal counsel was approved by the City Commission, which it must be, it was very clear. And the words from the minutes were --from Victoria: "They, the Administration, will have access to an attorney when they have questions, comments, or concerns. That is all this is." The resolution thatpassed unanimously then created -- was actually quite broad and vague with regard to the scope. That is a mistake that I think should be rectified for the future. If the City places -- if the Commission places limitations on the scope of the hiring, it should be mentioned in the resolution. However, when the letter of engagement was prepared, it did clearly state that the scope, in connection with anticipated discovery in the above -referenced litigation, by counseling and giving legal advice for the client. Nowhere does it say to advocate. Nowhere does it say to intervene. They are not a party in this lawsuit; they're a part of the City, and they're on our side. Whether or not individuals within the Administration agree with this Commission, we set the decision for that legal strategy in conjunction with our attorney, and that is why, when we saw the intervention -- the Motion to Intervene that we realized this attorney is acting out of scope, and very quick action needed to be taken, and therefore came the following resolution to rescind and restate to make sure it was very clear. I understand the Mayor's veto, but with all due respect, I move that Resolution R-17-0393 be adopted and become effective, notwithstanding the veto of the Mayor. Commissioner Carollo: Second. Chair Hardemon: So the motion is to override the Mayor's veto. It's been properly moved and seconded. Is there any further discussion from the dais? Seeing none, Mr. Mayor, you want to say one last thing? Mayor Regalado: Just one thing. I did not veto the resolution of having Flagstone in default, because it was a very important decision, it was a very important legislation, and I respect that. As a matter of fact, I support that. But when I learned that the Manager had been told -- and now, thanks to the transparency of the City Attorney, we know that he was advised to -- that the business were done. As a matter of fact, I remember as a Commission member then, when we were sitting there and we were going to start some conversation, the first thing is, "Where's the Manager? Who's there? Where's the Manager?" I guess, like I said, it was late night. It was a long day. I'm just trying -- first of all, I'm here to support our Manager, which is your Manager. And I'm here to support his need to have some kind of representation. Whatever you want to do, I mean, that's up to you. The message that I wanted to send -- actually, it's more symbolic -- is to say, you know, "The Manager needs representation. " And I don't know why no one asked, "Where's the Manager?" Makes sense. Chair Hardemon: I think part of it is because after shade meetings, I'm the -- typically the only one that returns to the dais -- Mayor Regalado: Right, right. Chair Hardemon: -- and I close the meeting. But this time it was a little different. The shade meeting ended, and all of us came down, because there was one last thing that we wanted to take care of. And so, it just went over everyone's head that someone could -- Mayor Regalado: Right. City of Miami Page 8 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Chair Hardemon: --possibly be missing. Mayor Regalado: No, I- look, I understand. I just want to say that the reason I did that is to support the Manager. As a matter of fact, this is, more than a legal issue, a moral issue, so the Manager understands that he has the support. And to warn for the future -- next mayors, next Commissioners: listen, you should always legislate with the threepeople. Thankyou. Chair Hardemon: Thank you very much. Ms. Mendez: Chairman, as -- and as an addition to what the Mayor is saying, we are supporting the Manager. He has his counsel. Vice Chair Russell: Yes. Ms. Mendez: He has Becker & Poliakoff. Chair Hardemon: Yes. Ms. Mendez: This Commission granted that. So all -- I think everybody's in sync with the support in this case. Commissioner Suarez: And I would just say -- Ms. Mendez: So thank you. Commissioner Suarez: -- there's approximately 60 people in this room, and 54 of them are not the Manager's boss. And everyone here may have an opinion as to when the Commission meeting ends -- Chair Hardemon: Right. Commissioner Suarez: -- but you've got to stay until the Commission meeting ends. That cannot be blamed on anybody else. Chair Hardemon: Right, right. No, absolutely. Commissioner Suarez: I can't even imagine how that could be blamed on anybody else. Chair Hardemon: Right. Commissioner Suarez: And if there's any responsibility for the Manager not being in his chair, it's the Manager; it's not anybody else's, and I say this respectfully. Chair Hardemon: Commissioner. Commissioner Suarez: I just don't get how that could be anybody else's fault. I really don't. Chair Hardemon: Commissioner Gort. Commissioner Gort: Listen, I understand the vote that we took, and I don't think I will support the veto. But I think it's very important that the -- it's not the Manager; it's the whole Administration. We had an attorney. From what I heard from our attorney, the job that he was supposed to have been doing, it was different from the City of Miami Page 9 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 ORDER OF THE DAY action that he took. But I think we -- the Administration needs to know that they have the support of the Commission so they could continue to do the job. And a lot of times people don't do their job because they're scared what's going to happen. I mean -- so I think it's very important that the -- I don't have any problem with the veto, but I think, somehow, we may -- we got to let the Administration know that we support them and we're behind them. Chair Hardemon: All right, so -- Commissioner Gort: And our attorney should tell their attorney what his duties should be. Chair Hardemon: So right now we have the motion to override the Mayor's veto. It's been properly moved and seconded. Seeing no further discussion about it, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Commissioner Gort: Now, I want -- do we had -- the Administration has representation; am I correct? Vice Chair Russell: Yes. Commissioner Gort: Okay. Ms. Mendez: Yes, they still have their representation. Thank you. END OF MAYORAL VETOES Chair Hardemon: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with 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]. Anyperson making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this Code section is available in the City Clerk's Office or online at wwwmunicode.com [sic]. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public commentperiod. When addressing the City Commission, the member of the City of Miami Page 10 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 public may first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's 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 outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, 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 being either withdrawn, deferred, or substituted. Thank you. Chair Hardemon: Mr. Manager. Daniel J. Alfonso (City Manager): Good morning, Mr. Chairman, Commissioners. Thank you very much. Personal Appearance 1 is going to -- were asked to be deferred to October 26; FR.1 and FR. 12 -- I'm sorry -- RE. 12 and FR. 1, we're asking to defer to October 12. We were informed that DI.S would be withdrawn; and RE.8, we're requesting a def -- a indefinite deferral. Vice Chair Russell: RE.8 Mr. Alfonso: Yes, sir. Vice Chair Russell: So one more time, please. Commissioner Carollo: FR.1 -- Mr. Alfonso: I'm sorry? One more time? Vice Chair Russell: One more time, please. Mr. Alfonso: Okay. PA. 1, deferred to October 26; FR.1 and RE. 12, deferred to October 12; DLS, withdrawn; and RE.8, indefinite deferral. Vice Chair Russell: Mr. Manager, question about alcohol ordinance. This one we've been deferring for a very long time, and I feel it's time that we need to move forward on this. Is there a reason we cannot take this up today? Mr. Alfonso: Well, today we advertised it on the agenda to be deferred, so that would be a problem today. Vice Chair Russell: Can we make best efforts to make sure that at the next meeting that we do hear and push this one through, please? I believe it's ready. I -- there may be some disagreements, but I believe it's ready to make a decision on this. I don't think we should wait any longer. Our businesses and our residents deserve a decision on this one. City of Miami Page 11 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Mr. Alfonso: Will do, sir. Vice Chair Russell: Thank you. Ms. Mendez: Commissioners, I also wanted to point out that our attorney-client session is also not occurring today, based on notice, but if I can -- if you can indulge me, Chairman, so that I could read the statement so that we can start doing all the noticing requirements, since we're short on time for the 28th? Vice Chair Russell: We have some other order of the day, though. Chair Hardemon: Right. Let us finish the rest of the continuances, the withdrawals, et cetera. Any Commissioners have any continuances or withdrawals or deferrals? Vice Chair Russell: Yes, please. Chair Hardemon: You're recognized. Vice Chair Russell: I just lost it. FR.2 and FR.4, just to the next like meeting. I need to do a little more research on that. This week's been a little pressed. And DI.3 and D7.4, I understand there's some concern within the historic preservation community. I'd like to do a little more research on that before we take it up. And then I would -- Chair Hardemon: DI.3 and DI. 4? Vice Chair Russell: DI.3 and 4, I'd like to get moving on those, but I understand that there's certain hesitation and very -- and vested parties that have opinions that I haven't been able to really work with. And DLS, I'd like to withdraw; that was mine. Todd B. Hannon (City Clerk): And I'm sorry, Chair. DI.3 and DI.4 are being either continued or deferred? Vice Chair Russell: Continue to the next like meeting, please. Mr. Hannon: Thank you. Chair Hardemon: Now, FR. 4, that's the TUP (Temporary Use Permit) on the vacant land? Is there anyone --? Mr. Manager, I'm not sure if you have anyone from staff here right now, but I know that the Wynwood Yard, which is using a TUP, was up for -- I mean, their permit would have expired very, very soon, if not for this ordinance. So I just want to make sure that we're still within a timeframe where they wouldn't be punished if this was continued. Mr. Alfonso: Okay. Let me get the staff on that. Chair Hardemon: I remember a date of like October. I remember something -- someone saying something about October. Francisco Garcia: Francisco Garcia, Planning and Zoning director. Good morning, sir. Good morning, gentlemen. Chair Hardemon: Good morning. Commissioner Gort: Good morning. City of Miami Page 12 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Mr. Garcia: Yes. As pertains to that item in particular, there is some time sensitivity to it, and we were hoping to move forward today. I may have missed something; I apologize. Vice Chair Russell: How sensitive? Mr. Garcia: I'm sorry? Vice Chair Russell: Like if it doesn't pass today, they lose their temporary permit? Do we have the extra two weeks to --? Mr. Garcia: It's really down to the days, so I would much prefer to move on it today. Chair Hardemon: Well, they -- Vice Chair Russell: Does it affect any other --? Mr. Alfonso: Devin is noting that if you move the first reading, the second reading would be in October, and they would be without the permit at that point. Chair Hardemon: Right. That's what I remember. I remember something to that nature. So basically what I'm asking is, if we can -- I mean, it has two readings. Vice Chair Russell: Understood. Chair Hardemon: So if we could get through the first reading, that would help. And then on second reading, whatever changes need to be made -- Because I know that there are some questions or concerns about the ordinance. Certainly don't want to hurt anyone; we always want to help, so. Vice Chair Russell: Right. And I just want to make sure how it affects other businesses in moving forward with the intent -- Chair Hardemon: Right, especially the brick and mortar businesses that are there, you know. But primarily, this is for those areas that are undeveloped that are waiting right now, because there are quite a number ofplaces in not only Wynwood, but in Overtown -- Vice Chair Russell: Yeah. Chair Hardemon: -- et cetera that need the development, but can't, and so to activate this place would be a (UNINTELLIGIBLE). Vice Chair Russell: Understood. I also have some concerns about how the temporary use permit is being used in some instances, and, you know, how much concrete or, you know, how permanent something is versus temporary. There are cases where it's right. There are cases where it may be a little excessive. I'm very open to then hearing the first reading today, and then we'll work it out, so you can go ahead and withdraw that request for deferral. Chair Hardemon: FR.4 will be -- Vice Chair Russell: Yes. City of Miami Page 13 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Chair Hardemon: -- stricken from the request for deferral. Thank you, sir. Are there any other Commissioners that have an item that they want to withdraw or defer? Seeing none, is there a motion? Ms. Mendez: Chairman. Chair Hardemon: Yes. Ms. Mendez: AC.1 also is being -- Chair Hardemon: We have you on there. Ms. Mendez: Oh, thank you. Chair Hardemon: So I believe that Commissioner Gort gave the nod for a motion. Commissioner Carollo: Second. Chair Hardemon: It has been seconded by Commissioner Carollo. Commissioner Suarez: Mr. Chair, ifl may? Chair Hardemon: Yes. You have something? Commissioner Suarez: I have one more, yeah. I'm sorry. I'm just going to need to look at the calendar here, because I was just informed that the Beautification Committee chairman is not in town. He's the one that pushed for FR.3. So I'm going to add, if you don't mind, a friendly amendment to the deferral list -- Chair Hardemon: Right. Commissioner Suarez: -- that you defer FR.3 until the second meeting in November, which is the 23rd. Actually, you know what? The first meeting in November, the 10th. I'm sorry. Commissioner Carollo: There's only one meeting in November. Commissioner Suarez: Oh, I'm sorry. Is it on the 16th? Is that the right --? Is that --? Because I'm looking at the calendar here. Commissioner Carollo: I'm not sure, but there's only one meeting in November. Commissioner Suarez: Yeah, the 16th. Chair Hardemon: The 16th. Commissioner Suarez: I'm sorry; the 16th. My apologies. Chair Hardemon: Correct. Commissioner Suarez: Yeah, usually is only one. Chair Hardemon: Okay. All right. Commissioner Carollo: Seconder accepts. City of Miami Page 14 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Chair Hardemon: The friendly amendment is accepted. Seeing no further discussion, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Later... Mr. Hannon: And Chair, for the record, item FR. 1, FR -- wait. I have item FR.1 being continued to October 12; is that correct? Because item FR.1 and -- Chair Hardemon: FR.1 is deferred. I don't have the -- I don't have -- I didn't write down the exact date. Mr. Hannon: -- FR. 1, which is a companion with PZ. 1, I have them both going to October 12. Vice Chair Russell: I want it to the next possible meeting. Commissioner Gort: Right. Mr. Hannon: Next possible meeting. Mr. Alfonso: So from what I understood from the Vice Chair, we would have that at the next meeting, and I told my staff to go ahead -- The agenda is printing today, so I told them to go ahead and put it in -- Vice Chair Russell: Thank you. Mr. Alfonso: -- in the same form. Chair Hardemon: Okay. And then, for the PZ (Planning & Zoning), it would be on that same --? Mr. Alfonso: So let's get the PZ on the same one. Mr. Hannon: Sure, understood. Chair Hardemon: Right. Mr. Hannon: So FR.1 and PZ.1 will be deferred to September 28. Vice Chair Russell: Thank you. Better. Commissioner Suarez: Okay, got it. We're done. Chair Hardemon: All hearts and all minds are clear. Seeing none, I'll close this meeting of September 19, 2017 at 11:12 a.m. Vice Chair Russell: Thank you, Mr. Chairman. :ea»CRI•]kiFA Weld»e1M1►[WK City of Miami Page 15 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 PA.1 PERSONAL APPEARANCE 2738 DANNY SUAREZ TO ADDRESS THE COMMISSION REGARDING THE RELEASING OF HIS INFORMATION TO THE PUBLIC MEDIA, WHICH INCLUDED HIS SOCIAL SECURITY NUMBER, BY THE MIAMI POLICE DEPARTMENT, AND REQUESTING THAT AN INTERNAL INVESTIGATION BE LAUNCHED AS TO WHY HIS SOCIAL SECURITY NUMBER, AND OTHER PROTECTED INFORMATION, WAS RELEASED AND WHY PROCEDURE WAS NOT FOLLOWED REFERENCE F.S. 119. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item PA.] was deferred to the October 26, 2017, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing Item PA.], please see "Order of the Day." END OF PERSONAL APPEARANCES PUBLIC COMMENT PERIOD FOR REGULAR ITEMS) Chair Hardemon: Okay. So at this time -- Commissioner Gort: Thank you. Chair Hardemon: -- I'm going to open the floor for public comment for any item that is on this agenda today. If you are here and you'd like to speak on an item that is on the agenda today, please approach one of the lecterns; you'll have two minutes to address this body. State your name, you may state your address, and be specific about which item it is that you're here speaking about. So the floor is now open. Ma'am, you're recognized. Della Heiman: Good morning. My name is Della Heiman. The address of my business is 56 Northwest 29th Street, and I'm here to speak about FR. 4, which is the amendment to temporary use on vacant land. I -- First of all, thank you so much for -- to the Commission for having us here, and specifically to Commissioner Hardemon for sponsoring this amendment. I'm the founder of the Wynwood Yard, which is a culinary incubator and a community hub. I founded the Wynwood Yard in 2015, as a result of really high capital (UNINTELLIGIBLE) entry for creative culinary food and beverage startups in Miami, and what it's become is a launch pad for entrepreneurs in the City to test out their concepts as part of a collaborative community and, ultimately, scale and grow within the culinary ecosystem in Miami. So right now we have 16 culinary tenants in the space. We have about eight tenants that have either moved to brick and mortar permanently or are in the process of doing so. As a whole, the site cumulatively employees about 120 people, and we're City of Miami Page 16 Printed on 0912712017 City Commission Meeting Minutes September 19, 2017 running about 30 events out of the space every week. They're all in the areas of art, culture, fitness, culinary education. We do a lot of children's education programming, wellness and sustainability programming. And we also have the largest edible organic garden in Miami -Dade County, where we do a lot of classes and -- focused on the areas of sustainability, cooking, and health and wellness. I think another very important element to this space is how we're fostering diversity, and we're building an ecosystem where people from all different walks of life can come together, connect, learn about one another's culinary traditions, and then experience all kinds of entertainment in the space, whether it's live music, art, or just coming together and connecting. Chair Hardemon: Thank you very much. Ms. Heiman: Thank you. Key Lyon: Hi there. My name is Ken Lyon. I am also working with Della. I'm a tenant at the Wynwood Yard. Oh, by the way, my address is -- home address is 3 Island Avenue, Miami Beach, Florida, but I work at the Wynwood Yard, running two businesses. And as a tenant of the Wynwood Yard, I'd like to speak briefly about its advantages and what it's done. We've seen several tenants come in and go from temporary -- working in the Wynwood Yard as a temporary tenant and become brick and mortar, and it's happening right now with several other tenants, including myself. So this incubator, this culinary incubator is taking small startups and giving them the room to grow and become more permanent. It's a very interesting exercise, and I think it's very much needed. It's very hard in this -- in many cities to start up from scratch, brick and mortar. So this temporary use permit that we're working under is succeeding very well, and we think that by continuing it, more and more businesses will be able to be brought forward. So as a tenant, I think it's a great incubator, and it really is helping. We've seen amazing diversity in this space. We've seen amazing community built there. And it's a very unique sort of situation, from a business point of view, and it's unlike anywhere. I would like to mention -- I mentioned my home address --just briefly that the City of Miami Beach has asked Della and a group of us involved to bring the same concept to a City of Miami Beach property and create a new yard therefor the main reason of the community that it can build. And they look at apart of their city that needs a little helping hand, from a community -building point of view, and that's what they are asking us to do. So it's a very interesting thing. That will be a little bit more permanent, but -- because it's the City property. But, in essence, the idea of extending this temporary use is a very important thing to encourage businesses to grow. Thank you so much. Chair Hardemon: Thankyou very much, sir. Good morning, sir. David Lombardi: Good morning, Commissioners. How are you? David Lombardi, 167 Northwest 25th Street. I am the landlord of the Wynwood Yard. I have been developing Wynwood since 2001, and for me, Wynwood should -- has been and should always be a place where the little guy or girl can hang a shingle and start a business and maintain a business. The Wynwood Yard -- This young lady, Della, came to me about three years ago, and she wanted to do a brick and mortar shop. And after we explained how expensive that would be for her concept, we talked about this vacant parcel of land that I had on 29th Street, where we were growing vegetables and herbs, and we had one single food truck. And I discussed with her where I thought this could go, and it could be an incubator for young entrepreneurs. It could be almost a food court. We could program, have music, events, yoga. And she took the ball and ran with it and has done an amazing job. And if any of you have been to the Wynwood Yard, you've seen a total microcosm of the Miami community, unlike something you could see in very few places around the City. Every demographic is represented. It's also almost like a public park, where young City of Miami Page 17 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 families come, and the kids run around, and they listen to the music. In an area where we're growing by thousands of vertical residences right now in Midtown, Edgewater, and Wynwood, there is no real public park in that particular area, and this has become the de facto place. Without the Wynwood Yard there, it would just be vacant land. We don't have any immediate plans for this property. We own a large assemblage. All around us, they're now tearing down buildings to do another project, but I would hope you guys would see fit to give them the extension. I think it's an incredible beacon of light to what the temporary use permit started out to hope to be. I think it's the best example of that use. Thankyou very much. ChairHardemon: Thankyou very much, sir. Hello, ma'am. You're recognized. Deborah Korge: Good morning. I'm Deborah Korge, the executive director of the Women's Fund of Miami -Dade. We are located at 1330 Southwest 22nd Street, here in Miami. I'm here to support Resolution 7, RE. 7, which is on the agenda today, with regard to pay equity. The Women's Fund of Miami -Dade has a 25 year history of supporting organizations and programs that work with women and girls. To date, we have given approximately $3.7 million in the community through our grants; and we continue to research, educate, and advocate on issues impacting the women and girls, mainly the disenfranchised ones. This initiative is one of the first we've been taken to bring about systemic change in our community. And I'm going to now have our community impact director to talk more on this issue. Allie Martinez: Good morning. Thank you very much. It's a pleasure to be here this morning. Thank you to the Mayor and the Manager for the support on this resolution. This is a very important program, and it's not just about gender pay equity. This is about community impact from the standpoint of economic development. And when we came and we spoke to the Manager, we talked about the fact that this program will allow us to be able to generate interest in the community at a greater level and bring funding through that's going to benefit this community. We know that a large investment of funding will help to raise people out of poverty, and particularly the female population. And our goal is to help this City to facilitate this process. We're working with other villages, cities -- we're also working with the County -- in order to implement a program that is data -driven. So we're taking information that we're collecting from local businesses to help to facilitate the opportunity to make a greater investment in our community. This is a really important opportunity for us to be a landmark. It's based on a program -- Ooh, I'm so sorry -- that was developed out of Boston, and is a program that has been quite successful in bringing on businesses that are reporting to the City of Boston, where they stand with pay equity. So our goal is to be able to work with the City; and with the support of this resolution, to be able to implement a very wonderful program that we know will be of great benefit to your community. Thankyou very much. Chair Hardemon: Thank you very much. Seeing that there is no other person -- oh, one. You're recognized. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. It's good to see you guys all here. I am --actually had questions about the FR.2 that you have, the first reading about the TCOs (Temporary Certificates of Occupancy) in the buildings, because we had -- at least I have hear several times that you get TCO permit -- you know, the temporary occupancy for buildings -- then, unfortunately, if something goes wrong, and they never finish it, you still in the limbo, because you have tenants in those buildings or residents in those buildings. And then you, as a city, how you implement not giving them back the permit when it expire when you already have tenants or residents living in there? So I think that, to me -- Chair Hardemon: That's FR.2? City of Miami Page 18 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Ms. Betancourt: -- is a question that I would like to understand exactly what you guys are planning on doing. Chair Hardemon: That's FR.2? Ms. Betancourt: FR.2. Chair Hardemon: We deferred FR.2, so -- Ms. Betancourt: No. Todd B. Hannon (City Clerk): Yes. Ms. Betancourt: (UNINTELLIGIBLE) FR.4. Chair Hardemon: FR.2 was one of the ones -- Ms. Betancourt: As well? Chair Hardemon: Yes. Ms. Betancourt: Okay. So I guess I will check that out after that. And I just had a comment to all of you: that I hope that this Irma hurricane have teach us a lot about what we need to improve in our city, especially with seniors and kids. At least to me, I'm going to talk about District 3 and 4, which is the people that we have been serving since Wednesday, giving hot meals in not just the big buildings of 14 floors. We're talking about the two-, three-, four-story buildings where we have seniors in the third floor; third floor, second floor is stuck because they can't go out. There's - - no electricity means no elevators; they cannot move. And we have to think about those seniors that were trying to reach out to 311 to be evacuated from those building, and they were not able get answer. So I would like for you guys to think about what exactly we going to do, because there are plenty buildings right now in Little Havana that doesn't have no power, as a lot of the other places. And I just want you to please think about the seniors. Robert King High is a County building, but they still are our seniors. But then we have seniors living in low-income buildings that do not get no benefit, and water and ice is not going to resolve the hunger. Thank you. Chair Hardemon: Thank you. City of Miami Page 19 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez CA.1 RESOLUTION 2652 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of Fire- ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "ASSISTANCE Rescue TO FIREFIGHTERS GRANT PROGRAM FISCAL Police YEAR 2016" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, CONSISTING OF A GRANT AWARDED BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, GRANTS PROGRAM DIRECTORATE, IN AN AMOUNT OF $629,427.00, WITH A REQUIRED MATCHING FUND FROM THE CITY OF MIAMI ("CITY"), IN AN AMOUNT OF $62,942.00, FOR A TOTAL AMOUNT OF $692,369.00, TO PURCHASE THERMAL IMAGING CAMERAS FOR INCIDENT COMMAND SIMULATION TRAINING THAT WILL EDUCATE FIRE OFFICERS IN A NUMBER OF AREAS FOR THE PERIOD BEGINNING JUNE 12, 2017 AND ENDING JUNE 11, 2018; ALLOCATING THE CITY'S REQUIRED MATCHING FUNDS FROM ACCOUNT NO. 00001.181000.896000.0000.00000; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. ENACTMENT NUMBER: R-17-0407 This matter was ADOPTED WITH MODIFICATION(S) on the Consent Agenda. CA.2 RESOLUTION 2679 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING AN INCREASE IN CAPACITY IN THE AMOUNT OF $56,196.00 BEYOND THE CITY MANAGER'S AUTHORITY OF Police $50,000.00 FOR INVITATION FOR BID ("IFB") NO. 371326, BIO - HAZARDOUS WASTE AND SPILLS, WITH BIORESPONSE, CORP.; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0399 Citv ofMiami Page 20 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 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 2754 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF A Information CONSULTANT TO PROVIDE OVERALL MANAGEMENT FOR THE Technology and INSTALLATION AND IMPLEMENTATION OF THE 800 MHZ General Services DIGITAL SIMULCAST NETWORK SYSTEM, PURSUANT TO Administration SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UTILIZING THE COMPETITIVELY SOLICITED AND EXISTING CITY OF OKLAHOMA CITY CONTRACT NO. OCITY007, EFFECTIVE THROUGH DECEMBER 29, 2019, SUBJECT TO ANY RENEWALS, EXTENSIONS, AND/OR REPLACEMENT CONTRACTS BY THE CITY OF OKLAHOMA CITY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE END USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUPPLEMENTAL AGREEMENT WITH TUSA CONSULTING SERVICES II, L.L.C., IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE SUPPLEMENTAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE AND IN COMPLIANCE WITH THE TAX EXEMPT FINANCING FOR THE SYSTEM. ENACTMENT NUMBER: R-17-0400 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.3, please see "End of Consent Agenda. " Citv ofMiami Page 21 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 CAA RESOLUTION 2804 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset EXECUTE A LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY Management THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND BCC FACILITIES MANAGER LLC ("BCC") WHEREBY BCC SHALL PROVIDE THE CITY WITH APPROXIMATELY 195 SQUARE FEET OF GROUND FLOOR SPACE IN THE BUILDING COMMONLY KNOWN AS THE BRICKELL CITY CENTRE, SPECIFICALLY THE EAST LOADING DOCK, LOCATED AT 701 SOUTH MIAMI AVENUE, MIAMI, FLORIDA ("PREMISES"), FOR A TERM OF FIVE (5) YEARS ("TERM"), AT NO COST TO THE CITY, TO PROVIDE THE MIAMI POLICE DEPARTMENT BRICKELL AVENUE PATROL ("POLICE"), AT THE BCC'S EXPENSE, A WORK SPACE FOR GENERAL OFFICE USAGE AND DISPATCH PURPOSES INCLUDING THE DETAINMENT OF SUSPECTS AND THE PROVISION OF SECURITY FOR THE SURROUNDING AREAS WITH THE INCREASED POLICE PRESENCE WITH SUCH TERMS AND CONDITIONS AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED LEASE. ENACTMENT NUMBER: R-17-0401 This matter was ADOPTED on the Consent Agenda. Note for the Reeord: For minutes refereneing Item CA.4, please see "End of Consent Agenda. " CA.5 RESOLUTION 2803 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Department of ACCEPT A PERPETUAL EASEMENT, IN SUBSTANTIALLY THE Public Works ATTACHED FORM, FROM BISCAYNE MIAMI PARTNERS LLC AND EDGEWATER MIAMI PARTNERS LLC TO ACCOMMODATE PUBLIC PEDESTRIAN INGRESS AND EGRESS OVER AND UPON THE SIDEWALK LOCATED ON PRIVATE PROPERTY AT THE BISCAYNE BEACH PROPERTY ABUTTING THE EXISTING CUL- DE-SAC AT THE EAST END OF NORTHEAST 30 STREET, MIAMI, FLORIDA. ENACTMENT NUMBER: R-17-0402 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA. S, please see "End of Consent Agenda. " Citv ofMiami Page 22 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 CA.6 RESOLUTION 2813 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), CLOSING, VACATING, AND ABANDONING Public Works FOR USE A STORM SEWER EASEMENT LOCATED BETWEEN NORTHWEST 19 STREET AND NORTHWEST 16 STREET, MIAMI, FLORIDA, APPROXIMATELY FOUR HUNDRED SEVENTY-FIVE FEET (475') EAST OF NORTHWEST 12 AVENUE AND PARALLEL TO THE CENTERLINE OF NORTHWEST 12 AVENUE WITHIN THE VICINITY OF THE JACKSON MEMORIAL HOSPITAL PROPERTY LOCATED AT 1611 NORTHWEST 12 AVENUE, MIAMI, FLORIDA. ENACTMENT NUMBER: R-17-0403 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 2814 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE CITY MANAGER TO SUBMIT AN Public Works APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE BEAUTIFICATION GRANT PROGRAM ("BEAUTIFICATION GRANT PROGRAM"), IN THE MAXIMUM ALLOWED APPLICATION AMOUNT NOT TO EXCEED $82,067.90, FOR A BEAUTIFICATION GRANT ("GRANT") FOR U.S. HIGHWAY 1/SR-5/SOUTH DIXIE HIGHWAY PROJECT NO. 40B-173657 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE ACCEPTANCE OF GRANT FUNDS IF AWARDED, THE EXECUTION OF GRANT AGREEMENTS AND AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO, REGARDING THE GRANT FOR FISCAL YEAR 2017-2018 AND COMPLIANCE FOR THE PROJECT WITH THE BEAUTIFICATION GRANT PROGRAM. ENACTMENT NUMBER: R-17-0404 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 7, please see "End of Consent Agenda. " Citv ofMiami Page 23 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 CA.8 RESOLUTION 2818 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE CITY MANAGER TO SUBMIT AN Public Works APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE and Mayor FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE BEAUTIFICATION GRANT PROGRAM ("BEAUTIFICATION GRANT PROGRAM"), IN THE MAXIMUM ALLOWED APPLICATION AMOUNT NOT TO EXCEED $82,067.90, FOR A BEAUTIFICATION GRANT ("GRANT') FOR CORAL WAY/SR 972 PROJECT NO. 40B- 173658 ("PROJECT'); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE ACCEPTANCE OF GRANT FUNDS IF AWARDED, THE EXECUTION OF GRANT AGREEMENTS AND AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO, REGARDING THE GRANT FOR FISCAL YEAR 2017-2018 AND COMPLIANCE FOR THE PROJECT WITH THE BEAUTIFICATION GRANT PROGRAM. ENACTMENT NUMBER: R-17-0405 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 2865 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE DONATION OF THIRTY-THREE THOUSAND FIVE -HUNDRED Commissioners DOLLARS ($33,500.00) FROM VARIOUS DONORS FOR THE and Mayor INSTALLATION OF TEMPORARY ART NEAR THE BAYWALK IN DOWNTOWN MIAMI CONSISTING OF CLUSTERS OF INVASIVE MELALEUCA TRUNKS THAT WILL BE TRANSPORTED DIRECTLY FROM THE EVERGLADES AND WILL BE RE -PURPOSED, PAINTED PINK, AND AFFIXED ALONG THE BAYWALK AREA TO REPRESENT TREE CANOPIES OF THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID DONATION. ENACTMENT NUMBER: R-17-0406 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.9, please see "End of Consent Agenda. " Citv ofMiami Page 24 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 CA.10 RESOLUTION 2884 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), WAIVING THE CITY OF MIAMI POLICE and Mayor DEPARTMENT AND FIRE -RESCUE DEPARTMENT COSTS REQUIRED PURSUANT TO SECTION 19-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "SPECIAL OFF-DUTY FIRE -RESCUE SERVICES", AND SECTION 54-6.3(C)(18) OF THE CITY CODE, ENTITLED "CRITERIA FOR ISSUANCE OF SPECIAL EVENTS PERMIT", FOR THE MIAMI TUNNEL 2 TOWERS 5K RUN/WALK & CLIMB WITH AN EXPOSITION TO BE HELD ON SEPTEMBER 16, 2017 AT BAYFRONT PARK TO HONOR THE VICTIMS AND FIRST RESPONDERS OF THE SEPTEMBER 11, 2001, TERRORIST ATTACKS. ENACTMENT NUMBER: R-17-0408 This matter was ADOPTED WITH MODIFICATION(S) on the Consent Agenda. Note for the Record: For minutes referencing Item CA. 10, please see "End of Consent Agenda. " END OF CONSENT AGENDA Chair Hardemon: What I'd like to do now is entertain a motion to approve the CA (Consent Agenda) and the PH (Public Hearing) Agenda. Commissioner Suarez: I move the CA and PH Agendas, with one modification, which is a scrivener's error on CA. 10. Not -- It's not really an error; it's just a scrivener's change. The actual event is on December 2, 2017. It was moved because of the hurricane. So that's the only change. So I'll move CA and PH with that one modification. Victoria Mendez (City Attorney): And Chairman, I believe that CA.1 also has a minor change. Daniel J. Alfonso (City Manager): Right. There's a word on the I1 th line. It's 'for" and it should be "and. " Commissioner Suarez: I will amend my motion to include that change as well. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded. Any discussion on the motion that's on the floor? Seeing no discussion on the motion, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 25 Printed on 0912 712 01 7 City Commission Meeting Minutes September 19, 2017 PH - PUBLIC HEARINGS PHA RESOLUTION 2759 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE ACCEPTANCE OF STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") FUNDS IN THE TOTAL Community and AMOUNT OF $1,230,664.00 FOR FISCAL YEAR 2017-2018 FOR Economic THE STRATEGIES UNDER THE CURRENT SHIP LOCAL HOUSING Development ASSISTANCE PLAN; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE ACCEPTANCE OF SHIP FUNDS. ENACTMENT NUMBER: R-17-0409 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item PH.], please see "End of Consent Agenda. " Commissioner Gort: Number two, I'm getting a lot of requests -- A lot of people are being harmed, or they had some damage to their properties, and they don't have the funds to do anything. For the CDBG (Community Development Block Grant) -- I was talking to the people in CDBG, and the -- I'm going to ask them to come back with -- some funds to be able to help those people that have the need to fix their houses, but they don't have the funds. For example, I'm helping one family right now where the tree fell inside of their house -- not inside of their house, but in the back yard, and they cannot pick -- they don't have the funds to take them out of there. Chair Hardemon: Right. Commissioner Gort: So I would like -- Commissioner Gort: George. George Mensah: George Mensah, director of Community & Economic Development. Commissioner, PH. 1, that was approved today. Commissioner Gort: Yeah. Mr. Mensah: It's the SHIP (State Housing Initiative Partnership Program) funds. We have in it the Emergency Loan Program that can help such residents. So what we are going to do is we are going to work with Communications to advertise that program so that people will know that if they have any tree on their roof or anything that we can have that as an assistance to them. Commissioner Gort: As long as they comply with the -- Chair Hardemon: Make sure you forward it to each of our oices so that we have that; we can assist you with the advertisement. City of Miami Page 26 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Mr. Mensah: We'll definitely do that. In addition, in October -- In talking to the District 3 Commissioner, in October, second meeting, we will come with a program that will help small landlords; people who have three, four, five, six units, who also needs assistance so that the rental community can also get some assistance. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. Yeah, I was speaking with Mr. Mensah, and we were talking about single-family homes, but there's a lot of properties that's in Little Havana that are renters. They're actually, you know, four - unit apartment buildings or six -unit apartment buildings, and there's no relief for those people, so that's why we were discussing that, and seeing how do we come up - - because there's a whole section of our city that aren't necessarily single-family homeowners. And, you know, he'll -- like he said, he'll come with something back in October. Chair Hardemon: Okay. PH.2 RESOLUTION 2701 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 ("INITIATIVE"), IN AN AMOUNT NOT TO EXCEED $10,000.00, TO ASSISTANCE TO THE ELDERLY, INC., A FLORIDA NOT FOR PROFIT CORPORATION, ("ASSISTANCE TO THE ELDERLY") FOR THE IMPROVEMENT OF TWO (2) MEMORY CARE UNITS IN AN ASSISTED LIVING FACILITY ENVIRONMENT ("PROGRAM"); AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 1 COMMISSIONER'S SHARE OF THE INITIATIVE, IN AN AMOUNT NOT TO EXCEED $50,000.00, TO ASSISTANCE TO THE ELDERLY FOR THE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE THE ALLOCATIONS. ENACTMENT NUMBER: R-17-0410 City of Miami Page 27 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item PK2, please see "End of Consent Agenda. " PH.3 RESOLUTION 2833 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 4 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED $25,000.00 TO HISPANIC BUSINESS INITIATIVE FUND NATIONWIDE, INC., DOING BUSINESS AS PROSPERA; 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-17-0411 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item PK3, please see "End of Consent Agenda. " Citv ofMiami Page 28 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 PHA RESOLUTION 2892 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 3 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED $5,000.00 TO ROTARY CLUB OF MIAMI, INC., INTERACT CLUB AT MIAMI SENIOR HIGH SCHOOL; 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-17-0412 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item PH.4, please see "End of Consent Agenda. " PH.5 RESOLUTION 2924 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - Commissioners FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED and Mayor PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, 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 $50,000.00, TO SUNSHINE FOR ALL, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR ELDERLY MEALS ASSISTANCE; 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-17-0413 Citv ofMiami Page 29 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item PK 5, please see "End of Consent Agenda. " AkiIexel001:1Ilog: INONIki[e? City of Miami Page 30 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 SR - SECOND READING ORDINANCES SRA 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, FLORIDA PURSUANT TO SECTION 100.3605, FLORIDA Clerk STATUTES, FOR THE GENERAL MUNICIPAL ELECTION TO BE 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. ENACTMENT NUMBER: 13699 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Commissioner Suarez: Move SR. I. Vice Chair Russell: Second. Chair Hardemon: It's been properly moved and seconded to approve SR. 1. Is there any discussion on that item? Commissioner Suarez: Setting the early voting schedule and locations. Chair Hardemon: I need the -- Madam City Attorney to read it into the record. Madam City Attorney, SR.1. Victoria Mendez (City Attorney): Yes. I'm -- Daniel J Alfonso (City Manager): And ordinance of -- The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Any further discussion? Commissioner Suarez: No. Chair Hardemon: Hearing none, all in favor say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. END OF SECOND READING ORDINANCES City of Miami Page 31 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 FR - FIRST READING ORDINANCES FRA 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 Planning and MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC Zoning BEVERAGES/IN GENERAL/NIGHTCLUBS"; MORE 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: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item FR.1 was deferred to the September 28, 2017, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item FR.], please see "Order of the Day. " FR.2 ORDINANCE First Reading 2428 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Department of AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," BY Public Works AMENDING SECTION 55-1, ENTITLED DEFINITIONS, TO ADD DEFINITIONS, AND SECTION 55-10, ENTITLED "BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS," TO REMOVE THE PROHIBITION ON THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY PRIOR TO COMPLETION OF ALL SUBDIVISION IMPROVEMENTS FOR PHASED PROJECTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item FR.2 was continued to the October 12, 2017, Regular Commission Meeting. Citv ofMiami Page 32 Printed on 0912712017 City Commission Meeting Minutes September 19, 2017 Note for the Record. For minutes referencing Item FR.2, please see "Order of the Day" and "Public Comment Period for Regular Item (s). " FR.3 ORDINANCE First Reading 2739 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENTS, AMENDING CHAPTER 2/ARTICLE XI/DIVISION and Mayor 13/SECTION 2-1177 OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/CITY OF MIAMI BEAUTIFICATION COMMITTEE/MEMBERSHIP; TERM OF OFFICE; VACANCIES; OFFICERS; RULES OF PROCEDURE; MEETINGS; QUORUM; ATTENDANCE REQUIREMENTS," BY AMENDING THE QUORUM AND TERM PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item FR.3 was deferred to the November 16, 2017, Regular Commission Meeting. Note for the Record. For minutes referencing Item FR.3, please see "Order of the Day. " FRA ORDINANCE First Reading 2905 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/SECTION 62-535 OF THE CODE OF THE CITY OF Commissioners MIAMI, FLORIDA, AS AMENDED, ENTITLED PLANNING AND and Mayor ZONING/TEMPORARY USES ON VACANT LAND," BY MODIFYING REQUIREMENTS FOR TEMPORARY USES ON VACANT LAND THAT HAVE BECOME INCREASINGLY POPULAR THROUGHOUT THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item FR.4, please see "Order of the Day" and "Public Comment Period for Regular Item(s)." Chair Hardemon: Madam City Attorney, can you read FR.4 into the record? Victoria Mendez (City Attorney): Yes. FR.4. Citv ofMiami Page 33 Printed on 0912712017 City Commission Meeting Minutes September 19, 2017 The Ordinance was read by title into the public record by the City Attorney. Commissioner Suarez: Move it on first. Chair Hardemon: It's been properly moved. Commissioner Carollo: Second. Vice Chair Russell: Second. Discussion. Chair Hardemon: Seconded. You're recognized. Vice Chair Russell: Thank you. My initial ask to defer this item had nothing to do with Wynwood Yard; big fan. Really, there's a lot to be looked at in regards to temporary use permits that I'd like to analyze a little further, leading to second reading. For example, Art Miami is currently moving from the Wyn -- from the Midtown area to the Herald site; the Genting site, right on the water, which I think can be a tremendous asset for Miami when the art world comes, and they're not just looking at Miami Beach; we have a waterfront venue. If I'm not mistaken, they have a temporary use permit for what they're doing there, but what they're doing there is pouring a significant amount of concrete, as if almost a foundation for their tent system. Whether or not that triggers the need, for example, for our bay walk requirement seems to be unclear, because their footprint is extending way into where we hope to develop the bay walk very soon. Now, they plan to be there for years. It's a temporary use permit, but now it's precluding our potential bay walk. So these are things I'd just like to look at between first and second reading, as we start to analyze. Daniel J. Alfonso (City Manager): Yeah. Commissioner, I'm not sure -- I mean, did you see the concrete being poured there? Is that --? Vice Chair Russell: I saw the plans. The -- Mr. Alfonso: Oh, okay. Because I -- We have not approved plans for concrete to be poured there, and my understanding is right now, it's not going to be poured there. Vice Chair Russell: I don't want to hold them up for this Art Basel, because I think it's an excellent potential asset and program, and I have the assurance of -- not the developer, but the applicant that if the bay walk is going to be triggered that he will remove whatever concrete at that time; he's just trying to get through this. And it's apparently not a very thick slab, so it's not really a foundation. But what triggers that bay walk need, is this a temporary use permit? Have they applied? Commissioner Gort: Yeah. Devin Cejas (Zoning Administrator): If I may, for clarification, with regards to Art Miami, scaffolds are needed. Chair Hardemon: State your name for the record please. State your name for the record. Vice Chair Russell: We don't recognize you without your (UNINTELLIGIBLE). Mr. Cejas: My apologies. Devin Cejas, Zoning administrator, City of Miami. Chair Hardemon: It's the shade. City of Miami Page 34 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Vice Chair Russell: We don't see you (UNINTELLIGIBLE). Mr. Cejas: This is new. This is new. Irma took it away. Commissioner Suarez: Ready to go home? We're done. Mr. Cejas: With regards to Art Miami, that permit falls under the provisions for special events under the Department of (UNINTELLIGIBLE) Entertainment. So it's not -- Vice Chair Russell: It's not a temporary use permit. Mr. Cejas: --a temporary use permit. Vice Chair Russell: It's a special event permit. Mr. Cejas: Correct. So after the event ends, they're going to have to take away everything that they're installing or creating right now. Vice Chair Russell: So even in there, I think -- Mr. Cejas: There is no permanence, you know. Vice Chair Russell: -- but their intention is to come back each year, as they did in Midtown, until that site is developed, so their plan is to leave that. They can't remove the concrete foundation every year. Mr. Cejas: We will look further into it with regards to how they're moving -- how they're proceeding. I know in Midtown, there was -- they did have slab, so they would have to get a permit for that, and we'll look into how that would trigger bay walk improvements. But it does fall under a different provision with regard -- Vice Chair Russell: Again, not trying to delay this year's Art Basel, but I want to make sure we have provisions for bay walk. Mr. Cejas: Understood. Vice Chair Russell: Thank you. So it's a little unrelated. I apologize. So I'm -- Chair Hardemon: Any further discussion? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Vice Chair Russell: On first. END OF FIRST READING ORDINANCES City of Miami Page 35 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 RE - RESOLUTIONS REA 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 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. ENACTMENT NUMBER: R-17-0414 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: Okay. I just want to make the general note that on -- well, specifically, rather -- RE.8 has been indefinitely deferred, and RE.12 is also deferred And so, what is left of the RE (Resolution) Agenda, the Chair is looking for a motion to approve -- Vice Chair Russell: Mr. Chairman Chair Hardemon: Yes. Vice Chair Russell: I would like to co-sponsor RE. 7, support for equal pay protections, please. Commissioner Suarez: Move RE Agenda with co-sponsor; as articulated. Chair Hardemon: Okay. Vice Chair Russell: Second. Chair Hardemon: It's been seconded by the Vice Chair. Any discussion from anyone? Commissioner. Commissioner Carollo: Yeah, real quick. I want to touch upon the RE -- well, give me a second -- RE. 13. Commissioner Suarez: You want to pull it? Commissioner Carollo: No. I -- City of Miami Page 36 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Chair Hardemon: Just talk about it. Commissioner Carollo: -- no. Yeah, just talk about it real quick, and only because we're talking about a $1.2 billion sale of the Marlins, and if it's done within a certain amount of time -- which it's going to be, because it appears like the sale will be within the first week of October -- there is a S percent of net proceeds participation with the County and the City. Sothis will have our Internal Auditor reach out to the County; preferably, Cathy Jackson, who is Director of Audit and Management Services at the County. She's a certified public accountant. Also, I was talking to the City Attorney. Legally, they believe that we are within the time period to receive some type of proceeds, but she stated -- and I mean, "she, " the City Attorney -- stated that they would want to also participate or be part of this resolution or have some type of resources. So I just want to yield to her and the discussion that we had prior to this meeting. Victoria Mendez (City Attorney): Thank you, Commissioner. Basically, we would like to work with -- Our office would like to work with the Independent Auditor or any consultant that they may need to bring on, based on the short timeframe -- this is a very short turnaround -- to work with the County, because they've done a lot of legwork already. I believe the Commissioner knows more about the legwork than I do. Commissioner Carollo: Yeah. I could tell you the County has already hired an outside accounting firm, an outside auditing firm to look at the books to see what the net proceeds would be so that we could then calculate what would be the percentage for the County and the City. In addition to that, the -- from that amount of monies, there would be a pro rata share between the County and the City, and we need to verb the City portion too. So I think we need to work hand in hand with the County with regard to seeing what would the proceeds will be; our potential proceeds will be for the City and the County. And then we need to look at what is that pro rata share. For instance, I believe the County has already hired an appraiser to see what was the land value of the Orange Bowl prior to it handed over to the County for the actual Marlins Park. So these are things that I think we need to look at. And at the very least, we need to, you know, move fast forward, because, like I said, unless something goes extremely wrong, the sale should happen within the first week of October, and it's a $1.2 billion -- "B"; "billion, " with a "B" -- billion -dollar sale. Ms. Mendez: And based on your resolution, the Administration is already looking at certain things with regard to the City land, public infrastructure, the City's capital reserve contributions; all those type of things that would lead to a number that we can -- Commissioner Carollo: Exactly. And does it include the parking garages or not? Because all that we need to calculate -- Ms. Mendez: Right. Commissioner Carollo: -- in order to understand the pro rata share. Ms. Mendez: Correct. Thank you, Commissioner. Commissioner Carollo: Thank you, Mr. Chairman. Chair Hardemon: No problem. Any further discussion? City of Miami Page 37 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Vice Chair Russell: On RE. 7, I just have a question. As a co-sponsor, I want to make sure -- I know it's un -- it's -- we're analyzing equal pay protections. Will we also be studying hiring practices and numbers for equality, within -- not only the Administration; directorship and such as that? Would anyone like to comment on that? And while you're coming up, I mean, the day my daughter said to me -- She's four years old, and she said, "Dad, only boys can be Mayor. " That made me realize we've got an issue here. And if she sees that, you know -- Commissioner Suarez: That's not true. Vice Chair Russell: Someday, someday, someday. Commissioner Suarez: Not true. Vice Chair Russell: But I -- you know, and I thank the Commission's support -- Commissioner Suarez: Just tell her not to run against me, please. Vice Chair Russell: Not this year. Commissioner Suarez: Please, please, please. Vice Chair Russell: She's only four. She's got some time. Commissioner Suarez: Yeah. Vice Chair Russell: But the Commission supported me in rewriting the entire Code to make it gender neutral, and start to really say that our intention -- But those were all symbolic moves. I really think this can give us the hard data to see how well we're doing, how we rank against other cities, and where we need to improve. Allie Martinez: Absolutely. And so, the model that we're using is a model -- Chair Hardemon: State your name again for me, please. Ms. Martinez: I beg your pardon. I'm so sorry. My name is Allie Martinez. I'm from the Women's Fund. I'm the Community Impact director. I apologize for -- Chair Hardemon: No problem. Ms. Martinez: -- being so disrespectful. So that's a really excellent point. And one of the great things about this program is that we are the recipient, if you will, of a already proven model and database system that's being used by Boston University. We reached out to them after the implementation of their program, and they agreed to share that with us and the fundamental components of it so that it allows us to collect data from any participant; and we use Federal forms, State forms for government purposes so that we can upload the information and sort it in a way that it can be used specifically to derive where we stand. We can compare communities. We can layer it with other information so that we configure out, well, gosh, do these people in this community live in an area that's also a food desert? Do they not have access to transportation? Now, that's a long-term goal, but the intent of this is to collect and use evidence -based data that can be an opportunity for us to create a real picture of where we stand. And so, what we're doing is we're collecting that information now. We have had a good deal of the information shared with us, and we're starting to implement the use of the database so that we can collect that information and report back to those partners, like the City, to say, "This is where we City of Miami Page 38 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 stand " And we can compare and contrast and say, "You know, this is where we need to go. " Vice Chair Russell: Thank you. Ms. Martinez: Thank you. Chair Hardemon: Being no further -- well, do you want to say -- Commissioner Carollo: Yeah, just a quick mention, and, you know, just showing that a lot of the things that we do and we're resilient, but it doesn't go in vain. RE. 14 is something that I'm sponsoring. And Commissioners, if you remember, on numerous occasions, I have mentioned the issues that we've had with FDOT (Florida Department of Transportation) and the construction on Flagler and Southwest 1st Street. In the last Legislature [sic] session, we -- I sponsored -- we unanimously supported a resolution urging the Legislature to come up with some type of compensation package for the businesses. I can tell you that this year, in this upcoming legislation session, there's Senate Bill SB -182, which is a small business roadway construction mitigation grant program that's being sponsored by Senator Jose Javier Rodriguez. So our urgings did not go in vain, and I'm asking that we support that. Commissioner Suarez: Understood. Chair Hardemon: Seeing no further discussion, all in favor of the motion on the floor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. RE.2 RESOLUTION 2573 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Estate and Asset VOTE, RATIFYING, CONFIRMING, AND APPROVING THE CITY Management MANAGER'S WRITTEN FINDING OF AN EMERGENCY, ATTACHED AND INCORPORATED, PURSUANT TO SECTION 18- 90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND WAIVING COMPETITIVE SEALED BIDDING PROCEDURES FOR THE RENTAL OF A PORTABLE AIR CONDITIONING UNIT FOR THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT FOR THE MANUEL ARTIME THEATER LOCATED AT 900 SOUTHWEST 1ST STREET, MIAMI, FLORIDA IN THE AMOUNT OF $40,700.00, OR APPROXIMATELY $8,000.00 MONTHLY, AND RETROACTIVELY APPROVING THE SELECTION OF AMERICAN PORTABLE AIR CONDITIONING, INC. AS AN EMERGENCY PROCUREMENT. ENACTMENT NUMBER: R-17-0415 City of Miami Page 39 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.2, please see Item RE.]. RE.3 RESOLUTION 2771 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Risk ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED Management APRIL 5, 2017, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 678384, FROM USI INSURANCE SERVICES LLC ("USI"), TO PROVIDE EMPLOYEE BENEFIT CONSULTING SERVICES FOR THE DEPARTMENT OF RISK MANAGEMENT ("RISK"), FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, WHICH OPTION(S) MUST BE EXERCISED BY THE CITY MANAGER, ON AN AS -NEEDED CONTRACTUAL BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE END-USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0416 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item RE.3, please see Item RE.]. Citv ofMiami Page 40 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 REA RESOLUTION 2806 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), ACCEPTING THE BID RECEIVED MAY 10, Improvements 2017, PURSUANT TO INVITATION TO BID ("ITB") NO. 16-17-009, FROM WAYPOINT CONTRACTING INC. (WAYPOINT ), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE CONSTRUCTION SERVICES FOR THE MORNINGSIDE PARK TENNIS COURTS PROJECT—DISTRICT 2—OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. B-40534, IN THE AMOUNT OF $1,327,712.00 FOR THE SCOPE OF WORK PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $132,771.20 FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $1,460,483.20; ALLOCATING FUNDS FROM THE OCI PROJECT NO. B-40534; 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-17-0417 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Reeord: For minutes refereneing Item RE.4, please see Item RE.]. RE.5 RESOLUTION 2821 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), ACCEPTING THE BID RECEIVED JUNE 14, Improvements 2017, PURSUANT TO INVITATION TO BID ("ITB") NO. 16-17-038, FROM E.L.C.I CONSTRUCTION GROUP, INC. ("E.L.C.I."), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE CONSTRUCTION SERVICES FOR THE DORSEY MEMORIAL LIBRARY RESTORATION -DISTRICT 2 -OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. B-30531, IN THE AMOUNT OF $872,663.52 FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $87,266.35, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $959,929.87; ALLOCATING FUNDS FROM OCI PROJECT NO. B-30531 AND COMMUNITY REDEVELOPMENT AGENCY PROJECT NO. 92-686001; 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, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0418 Citv ofMiami Page 41 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE. S, please see Item RE.]. RE.6 RESOLUTION 2796 A RESOLUTION OF THE MIAMI CITY COMMISSION CALLING Commissioners FOR ACTION AGAINST SUSPECTED HEZBOLLAH TERROR and Mayor FINANCE AND MONEY LAUNDERING OPERATIONS IN THE CITY OF MIAMI; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. ENACTMENT NUMBER: R-17-0419 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item RE. 7, please see "Public Comment Period for Regular Item(s)" and Item RE.]. Citv ofMiami Page 42 Printed on 0912712017 Note for the Record: For minutes referencing Item RE. 6, please see Item RE.]. RE.7 RESOLUTION 2797 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING AN END TO PAY DISCRIMINATION BASED ON Commissioners GENDER, THE STRENGTHENING OF EQUAL PAY and Mayor PROTECTIONS, AND THE CITY MANAGER'S CONTINUED DEVELOPMENT AND ENFORCEMENT OF INTERNAL POLICIES AND PROCEDURES THAT AVOID SYSTEMIC GENDER PAY INEQUALITY; DIRECTING THE CITY MANAGER TO DRAFT A POSITION STATEMENT TO BE INCLUDED IN JOB POSTINGS, ADVERTISEMENTS, AND RECRUITMENT MATERIALS REGARDING GENDER NEUTRAL EFFORTS IN RECRUITMENT, HIRING, AND PROMOTIONAL PRACTICES; FURTHER DIRECTING THE CITY MANAGER TO DOCUMENT EVIDENCE OF GENDER PAY EQUALITY AND EQUALITY IN OPPORTUNITIES FOR HIRING, PROMOTIONS, AND ACQUIRING MANAGEMENT POSITIONS WITHIN THE CITY OF MIAMI IN THE YEARLY BUDGET SUMMARY. ENACTMENT NUMBER: R-17-0420 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item RE. 7, please see "Public Comment Period for Regular Item(s)" and Item RE.]. Citv ofMiami Page 42 Printed on 0912712017 City Commission Meeting Minutes September 19, 2017 RE.8 RESOLUTION 1995 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), ESTABLISHING A CITY OF MIAMI and Mayor 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item RE.9, please see Item RE.]. Citv ofMiami Page 43 Printed on 09/27/2017 Note for the Record. For minutes referencing Item RE.8, please see "Order of the Day. " RE.9 RESOLUTION 2748 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), RENAMING "SPOIL ISLAND A," LOCATED IN and Mayor BISCAYNE BAY APPROXIMATELY ONE QUARTER (1/4) MILE SOUTHEAST OF THE TERMINUS OF KIRK STREET AND SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, AS DEPICTED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO "CAPTAIN STUART SORG ISLAND," IN MEMORY OF CAPTAIN STUART SORG, UNITED STATES NAVY, RETIRED, FOR HIS DEDICATION AND SERVICE TO THE CITY OF MIAMI WATERFRONT AND THE WATERFRONT ADVISORY BOARD; DIRECTING THE CITY MANAGER TO TAKE ALL ACTION NECESSARY TO EFFECTUATE THE RENAMING OF SAID ISLAND. ENACTMENT NUMBER: R-17-0421 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item RE.9, please see Item RE.]. Citv ofMiami Page 43 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 RE.10 RESOLUTION 2817 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE and Mayor VOTE, RATIFYING, CONFIRMING, AND APPROVING THE CITY and Mayor MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE MAINTENANCE AND BEAUTIFICATION OF MARTIN LUTHER KING BOULEVARD BY GREATER MIAMI SERVICES CORPS., A FLORIDA NOT FOR PROFIT CORPORATION ("GREATER MIAMI"), FROM JANUARY 1, 2017 THROUGH MARCH 31, 2017; APPROVING PAYMENT TO GREATER MIAMI FOR SAID SERVICES RENDERED WITHOUT A CONTRACT DURING THE PERIOD FROM JANUARY 1, 2017 TO MARCH 31, 2017 AT AN AMOUNT NOT TO EXCEED $38,611.12 WITH FUNDS ALLOCATED FROM THE SPECIAL REVENUE FUND; FURTHER AUTHORIZING THE NEGOTIATION AND EXECUTION OF A MODIFICATION, AMENDMENT, OR EXTENSION TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND GREATER MIAMI AUTHORIZED BY RESOLUTION NO. 15-0535, ADOPTED ON DECEMBER 10, 2015, TO EXTEND THE PERIOD OF PERFORMANCE TO MARCH 31, 2017, WITH TERMS THAT ARE SATISFACTORY TO THE CITY MANAGER AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AUTHORIZING RETROACTIVE PAYMENTS NOT TO EXCEED $38,611.12 TO GREATER MIAMI FOR SERVICES PERFORMED WITHOUT A CONTRACT. ENACTMENT NUMBER: R-17-0422 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item RE.10, please see Item RE.]. REA 1 RESOLUTION 2832 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE Commissioners DISTRICT 4 COMMISSIONER'S SHARE OF THE CITY'S ANTI- and Mayor POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED $80,000.00 TO MIAMI-DADE COUNTY HOMELESS TRUST; 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-17-0423 Citv ofMiami Page 44 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.]], please see Item RE.]. RE.12 RESOLUTION 2812 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE Miami Sports and CITY ADMINISTRATION TO TAKE ALL STEPS NECESSARY TO Exhibition AMEND THE INTERLOCAL AGREEMENT BETWEEN THE CITY Authority OF MIAMI ("CITY") AND THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") AND THE SUBLEASE AGREEMENT BETWEEN MSEA AND THE MIAMI CHILDREN'S MUSEUM, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("MCM"), IN ORDER TO TRANSFER 26,599 SQUARE FEET OF LAND ON THE SOUTHWEST SIDE TO MCM, TO ALLOW MCM TO EXPAND ITS CURRENT PROGRAM SPACE AND TO PROVIDE A NEW ENTRANCE TO GUESTS, AND TO RETURN TO THE CITY COMMISSION WITH A PLAN OF ACTION TO ACCOMPLISH THE SAME, IF APPROPRIATE; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item RE.12 was continued to the October 12, 2017, Regular Commission Meeting. Note for the Record. For minutes referencing Item RE.12, please see "Order of the Day. " RE.13 RESOLUTION 2928 A RESOLUTION DIRECTING THE INDEPENDENT AUDITOR Commissioners GENERAL TO WORK IN CONJUNCTION WITH THE MIAMI-DADE and Mayor COUNTY ADMINISTRATION TO ASCERTAIN THE APPROPRIATE PERCENTAGE OF THE PROCEEDS DUE TO THE CITY OF MIAMI FROM THE SALE OF THE MIAMI MARLINS, L.P. ENACTMENT NUMBER: R-17-0424 Citv ofMiami Page 45 Printed on 0912712017 City Commission Meeting Minutes September 19, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.13, please see Item RE.]. RE.14 RESOLUTION 2929 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA Commissioners LEGISLATURE TO SUPPORT SENATE BILL 182, WHICH and Mayor PROPOSES THE IMPLEMENTATION OF A SMALL BUSINESS ROADWAY CONSTRUCTION MITIGATION GRANT PROGRAM, REQUIRING SAID PROGRAM TO DISBURSE GRANTS USING FUNDS ALLOCATED TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) BY THE LEGISLATURE TO CERTAIN QUALIFIED BUSINESSES DURING A FDOT CONSTRUCTION PROJECT, CREATING A RETROACTIVITY COMPONENT FOR BUSINESSES IN CURRENT CONSTRUCTION MITIGATION ZONES, INCLUDING BUT NOT LIMITED TO, THOSE BUSINESSES LOCATED ALONG FLAGLER STREET, SW 1ST STREET AND SW/NW 27TH AVENUE IN MIAMI, FLORIDA, AND URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO PROVIDE IMMEDIATE TEMPORARY FUNDING TO THOSE IDENTIFIED BUSINESSES ALONG FLAGLER STREET, SW 1ST STREET AND SW/NW 27TH AVENUE IN MIAMI, FLORIDA; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE. ENACTMENT NUMBER: R-17-0425 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item RE.14, please see Item RE.]. END OF RESOLUTIONS Citv ofMiami Page 46 Printed on 0912712017 City Commission Meeting Minutes September 19, 2017 AC - ATTORNEY-CLIENT SESSION FiTex_rato] 0011=ffelII=1ill III 1II&I**-] Is] ► 2850 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 SEPTEMBER 14, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE 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; CITY MANAGER DANIEL J. ALFONSO; 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. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item AC.1 was deferred to the September 28, 2017, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item AC.1, please see "Order of the Day. " END OF ATTORNEY-CLIENT SESSION Citv ofMiami Page 47 Printed on 0912712017 City Commission Meeting Minutes September 19, 2017 BCA 2828 Office of the City Clerk BC.2 2113 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Tomas Regalado Chair Keon Hardemon Commissioner Frank Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Frank Carollo Citv ofMiami Page 48 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 BC.3 RESOLUTION 2509 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR Clerk A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Alex Cardenas Commission -At -Large ENACTMENT NUMBER: R-17-0426 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Commissioner Suarez: BCs (Boards and Committees). Chair Hardemon: Are there any BC Agenda items that need to be addressed? Todd B. Hannon (City Clerk): Commissioners, item BC 3. Commissioner Carollo will be reappointing Alex Cardenas to the Commission -at -large seat; Bayfront Park Commissioner Suarez: So moved. Chair Hardemon: -- Management Trust. Commissioner Carollo: Second. Chair Hardemon: Any objections? Motion carries. Mr. Hannon: That concludes the board appointments. Commissioner Suarez: Thank you. Commissioner Carollo: And that was Cardenas. Mr. Hannon: Oh. Sorry. City of Miami Page 49 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 BC.4 2510 Office of the City Cierk BC.5 1070 Office of the City Cierk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE FOR TERMS AS DESIGNATED HEREIN. RESULT: MCBP11 1 ITlr%kl APPOINTEES: NO ACTION TAKEN NOMINATED BY: Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Citv ofMiami Page 50 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 BC.6 2243 Office of the City Cierk BC.7 2515 Office of the City Cierk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. FRESULT: APPOINTEE: (Alternate Member) NO ACTION TAKEN NOMINATED BY: Commission -At -Large —A RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Tomas Regalado Chair Keon Hardemon Commissioner Frank Carollo Commissioner Frank Carollo Citv ofMiami Page 51 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 BC.8 RESOLUTION 2514 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN Cierk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez RESULT: NO ACTION TAKEN Citv ofMiami Page 52 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 BC.9 2854 Office of the City Cierk BC.10 2855 Office of the City Cierk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Voting Member) (Post -Secondary Education Representative) (School District Representative) (Children's Trust Representative) (Ex -Officio Non -Voting Member) (Ex -Officio Non -Voting Youth Member) RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Frank Carollo City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Commissioner Frank Carollo Commissioner Frank Carollo [AFF FOP Citv ofMiami Page 53 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 BC.11 2375 Office of the City Clerk BC.12 1599 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Tomas Regalado Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Vice Chair Ken Russell Commissioner Frank Carollo Commissioner Francis Suarez Citv ofMiami Page 54 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 BC.13 2519 Office of the City Cierk BC.14 2856 Office of the City Cierk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Tomas Regalado Mayor Tomas Regalado Vice Chair Ken Russell RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Commissioner Frank Carollo Commissioner Frank Carollo City Commission Citv ofMiami Page 55 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 BC.15 2127 Office of the City Cierk BC.16 1721 Office of the City Cierk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. RESULT: MCBP11 1 ITlr%kl APPOINTEES: NO ACTION TAKEN NOMINATED BY: Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN Mayor Tomas Regalado Citv ofMiami Page 56 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 BC.17 2129 Office of the City Cierk BC.18 1603 Office of the City Cierk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. RESULT: RESOLUTION APPOINTEES: NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez NO ACTION TAKEN A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Frank Carollo Citv ofMiami Page 57 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 BC.19 RESOLUTION 2859 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR Cierk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Mayor Tomas Regalado Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES Citv ofMiami Page 58 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 DIA 2852 Department of Police D1.2 2757 Department of Finance DI - DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION ON THE STATUS OF HIRING POLICE OFFICERS. RESULT: DISCUSSED Chair Hardemon: Okay. Discussion on DI. 1. Daniel J Alfonso (City Manager): Commissioners, we shared with you a memorandum from the Police Department as to the status of our recruitment of police officers. Right now we have about 1,338 positions in the Police Department, and we're 1,332 staffing level at the end of the month. There's only about 30 -some folks left that have to retire, so we're -- Commissioner Suarez: And you have a class, I think, coming in. Mr. Alfonso: And we have a class coming. We're in pretty good shape. Commissioner Suarez: Can I just say one thing on this real quick? I'm sorry, Barnaby. I have to say -- Mr. Manager, I think you'll agree with this -- the cadets that are coming in, I don't know their names individually, but they were working nonstop at the EOC (Emergency Operations Center); nonstop at the EOC. And every time you would pass them in the hallways, it was, "Yes, sir; yes, ma'am; yes, sir; yes, ma'am. " They were -- you know, it was unbelievable, the way that they behaved. They were sort of unnamed, you know, faceless soldiers that were there, doing everything. They went with me to an elderly building in the middle of the night to -- that didn't have -- you know, didn't have elevators, to give out food. I mean, they were everywhere. They were everywhere, and they were just unbelievable. So I just want to commend them. But I want to commend also the training staff, because, obviously, without great training, you would not have that kind of behavior, so I just want to commend you for that. Commissioner Carollo: I concur. And also, it gives a glimpse of the personnel that we're hiring in our Police Department, so I concur, Commissioner Suarez. Mr. Alfonso: Thank you. DISCUSSION ITEM DISCUSSION PERTAINING TO THE QUARTERLY NON - REIMBURSABLE GRANT EXPENDITURES FOR QUARTER ENDING JUNE 30, 2017. RESULT: DISCUSSED Chair Hardemon: DI2. City of Miami Page 59 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Erica Paschal (Director): Good morning, Commissioners. Erica Paschal for the Finance Department. DI2 is a quarterly report for non -reimbursable grant expenditures for the quarter ending June 30, 2017. For this quarter, the total is $34.08 for the South Florida Workforce Investment Board Any questions? Chair Hardemon: I don't think so. Thank you very much. Ms. Paschal: Thank you. D1.3 DISCUSSION ITEM 2603 DISCUSSION TO REVIEW THE UNSOLICITED PROPOSAL MOVER: SUBMITTED BY RUDG, LLC ("RELATED") TO FORM A PUBLIC - Department of Real PRIVATE PARTNERSHIP FOR THE OLYMPIA THEATER (ALSO Estate and Asset KNOWN AS THE GUSMAN THEATER), WHEREBY RELATED Management PROPOSES TO RENOVATE THE THEATER AND REDEVELOP THE EXISTING RESIDENTIAL UNITS. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item DI.3 was continued to the October 12, 2017, Regular Commission Meeting. Note for the Record. For minutes referencing Item DI. 3, please see "Order of the Day." DIA DISCUSSION ITEM 2626 DISCUSSION TO REVIEW THE UNSOLICITED PROPOSAL Department of Real SUBMITTED BY SANCTUS SPIRITUS LLC ("PROPOSER") FOR A Estate and Asset PUBLIC-PRIVATE PARTNERSHIP TO REDEVELOP FORT DALLAS Management PARK AND DEVELOP A RESTAURANT THEREON, AS WELL AS MAKE CAPITAL IMPROVEMENTS TO THE PALM COTTAGE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item DI.4 was continued to the October 12, 2017, Regular Commission Meeting. Note for the Record. For minutes referencing Item DI. 4, please see "Order of the Day. " City of Miami Page 60 Printed on 0912 712 01 7 City Commission Meeting Minutes September 19, 2017 D1.5 DISCUSSION ITEM 2860 DISCUSSION REGARDING PUBLIC NOTIFICATION OF TREE Commissioners REMOVAL DECISIONS IN CITY ROADWAY IMPROVEMENT and Mayor PROJECTS. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item DL S, please see "Order of the Day. " D1.6 DISCUSSION ITEM 2894 DISCUSSION OF THE PREVIOUS USE OF CAR SALES ON OPEN Commissioners LOTS. and Mayor RESULT: DISCUSSED Chair Hardemon: DI. 6, car sales on open lots. Commissioner Suarez: Who's paying for that out of their pocket, 34 bucks? Non - reimbursable grant, that's a problem, man. Victoria Mendez (City Attorney): Commissioner Gort, DI. 6, were you able to get the information that you needed from -- Commissioner Suarez: You want to defer it? Ms. Mendez: -- with regard to the car sales from the Planning Department? Commissioner Gort: Well, one of the things that we've been talking with the Planning Department came up at the -- As you recall, way back, the Northwest 36th Street used to be the place with the people who sell cars. Those lots are still open. Nothing is taking place in there. The Miami 21 did -- kind of did away with allowing people to do car sales in open fields. So I've been working with the Planning Department. I think we have come up with a solution where they'll be able to establish people been in business therefor years. All of a sudden, they being closed. So I'm working very close with them, and my understanding is that's being taken care of, and they should be able to be operating pretty soon. Thank you. City of Miami Page 61 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 D1.7 DISCUSSION ITEM 2927 FOLLOW UP ON STATUS OF MUSEUM PARK WALKWAY Commissioners PREVIOUSLY DISCUSSED AND APPROVED BY RESOLUTION R- and Mayor 17-0391. RESULT: DISCUSSED Chair Hardemon: DI. 7, Museum Park Walkway. Commissioner Carollo: Thank you, Mr. Chairman. This is an item that I brought to the City Commission. You also -- you saw videos or pictures of it, and this Commission unanimously passed a resolution to get it fixed; and it's not just the fixing, it's a capital improvement. It's actually getting re -- done new. So I don't know where we're at, and I think there was issues with fundings, and I think this Commission in the resolution -- I don't have it in front of me, but I'm pretty comfortable the resolution said find the dollars wherever we need to, and get it done, so I want to see where we're at. Jeovanny Rodriguez: Good morning, Commissioners. Jeovanny Rodriguez, director of Office of Capital Improvements. And specifically related to the repairs of the walkways at Museum Park, we have been working on three separate fronts at the same time. Number one, the design of that project, the design has been done through the Office of Capital Improvements. We have preliminary drawings completed, and I expect to go into the Building Department for approvals and permitting as early as next week. It's a relatively simple project, so I don't expect a lot of time with the approval, so that's the design itself. Parallel to that, we have been putting a -- also quantifying the cost so we can have a JOC (Job Order Contract) book ready for that. We have been waiting for the new JOC contracts to be executed since that work has to be done under the new JOC contract. The new JOC contracts are expected to be finalized by the end of this month, so as early as October, we could have the new JOC books ready to go. The final component of that is the actual funding itself. And we have been working with the Office of Budget on that, and we are anticipating that at the end -of -the -year adjustment, which is going to be in November, the funding is going to come in place for that project. So by that time, I would have the project design permitted and the contract ready to go. Commissioner Carollo: So I'm -- When are we going to have shovels in the ground? Mr. Rodriguez: We're going to have shovels in the ground past the November appropriation date, which is -- I believe now -- I have to check with Budget, but I'm - - I believe it's the first meeting in November when that appropriation will happen. Daniel J. Alfonso (City Manager): There's only one meeting in November, so it would be November 16; unless the Commission decides that we can get that retroactively, perhaps we can move it faster. Commissioner Carollo: And when you say, "retroactively, " what do you need retroactively? Mr. Alfonso: That means that we start spending money before the appropriation happens, and then the Commission approves it when it comes to the Commission. City of Miami Page 62 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Commissioner Carollo: Okay. But the appropriation will come from what funding source? Mr. Alfonso: From the current year rollover. Commissioner Carollo: Right. But it was my understanding that this Commission already passed a resolution for -- to get the job -- to get the work done and for the Administration to find the sources of funding. Mr. Alfonso: Right. But you didn't allocate any specific source of funding, so we have to come with that approval to you. What I'm telling you is that we can start spending money, as long as you understand that it will be retroactively approved. You know, there are things that we have to do in that sense. Commissioner Carollo: Right. I just don't know why it didn't come to this Commission meeting if you needed that approval or so forth, because I -- It was my understanding that, hey, the reason why we brought it at the very next Commission meeting was to get it done. Listen, I understand the hurricane came through, so everything, you know, got off track. Mr. Alfonso: We haven't -- Commissioner Carollo: But I haven't seen -- Mr. Alfonso: -- slowed anything down. He's been doing all the work that he needs to do. He's been doing the drawings. He's going into permitting. Nothing has been slowed down. What he's saying is that when the funds get approved, he feels he can put shovel in the ground. What I'm telling you is that we can put shovel in the ground, and then we're going to come to the City Commission for a retroactive approval. Commissioner Carollo: Understood. I don't know how my colleagues feel. And you had the amount. What would be the amount of that, approximately? Mr. Rodriguez: We selected it in the presentation that we made -- Commissioner Carollo: Right. Mr. Rodriguez: -- Option 2, which it was -- I remember $468, 000 and change. Commissioner Carollo: Right. Does my colleagues have any issue with them bringing it back retroactive to that? In other words -- Commissioner Gort: I'd like to do that on all the projects in my district. I mean, I don't have any problem with that. Chair Hardemon: I guess that's the issue. Commissioner Carollo: Okay. So with that said from my colleagues, when can we get shovels in the ground? Mr. Rodriguez: Commissioner, if that's the case, then I anticipate I'll probably be ready to go second week of October; I can probably start working there. Commissioner Carollo: Okay, if we could do that as soon as possible. Mr. Rodriguez: Absolutely. City of Miami Page 63 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Commissioner Carollo: But if we can't do it sooner, then by the second week of October, I should see shovels in the ground, correct? Mr. Rodriguez: Absolutely. Commissioner Carollo: Thank you. END OF DISCUSSION ITEMS City of Miami Page 64 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM PZ.1 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: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. Item PZ.1 was deferred to the September 28, 2017, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ. 1, please see "Order of the Day." Chair Hardemon: Okay. There's no further discussion items that are on the agenda. Todd B. Hannon (City Clerk): Excuse me, Chair. Commissioner Gort: Wait a minute. Mr. Hannon: My apologies, Chair. Chair Hardemon: Right. But before we move forward, I just want to say that Part "B, " the PZ 1 agenda item, I just want to announce that it will most likely -- Well, it will be continued, so I'm going to make the announcement now. Commissioner Suarez: But we got to come back. Victoria Mendez (City Attorney): Remember, this is one -- Chair Hardemon: I know we have -- Ms. Mendez: -- you could do it now. Chair Hardemon: Right. Oh, this is one we could do now? Ms. Mendez: This one you could do. It's yours. It's the Commission's item. Commissioner Suarez: Got it. City of Miami Page 65 Printed on 0912 712 01 7 City Commission Meeting Minutes September 19, 2017 Ms. Daly: It's not an applicant. It's -- This is what you -- Chair Hardemon: So is there a motion to --? Ms. Mendez: -- wanted me to research. Commissioner Suarez: Can we move it? Chair Hardemon: Yeah. Ms. Mendez: This one -- When it's something that does not affect the due process of some constituent or applicant, you can move it before -- Commissioner Suarez: Okay. Move it. Move "P" -- I'm sorry. Move to defer it -- right? -- to the next -- Chair Hardemon: Correct. Commissioner Carollo: Second. Commissioner Suarez: -- Commission meeting. Chair Hardemon: Properly moved to defer -- Commissioner Suarez: That makes sense. Chair Hardemon: -- item PZ.1 -- Commissioner Suarez: That's our own legislation. Chair Hardemon: -- to the next like Commission meeting. Chair Hardemon: Yes, to October 12. Commissioner Suarez: This actually makes a lot of sense. Chair Hardemon: Okay. Commissioner Suarez: Yeah. Chair Hardemon: Arty further discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All right, it has been properly deferred. Commissioner Gort. Commissioner Gort: Two things. Commissioner Suarez: There is one other thing. I'm sorry. Well, you know what? We can do it in the next -- Can we do the CRA (Community Redevelopment Agency) meeting in the next meeting? Do we have to do it now? Mr. Hannon: We do have to come back at 5:05, so you could probably open up the Midtown -- Commissioner Suarez: 5:05? For what? City of Miami Page 66 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Mr. Hannon: The first budget hearing. Commissioner Gort: The budget. Commissioner Suarez: Oh, my goodness. Vice Chair Russell: That thing. Commissioner Suarez: I don't even want to think about that. Vice Chair Russell: That thing. Commissioner Suarez: Goodness gracious. I'm so tired, I can't even think straight. All right, cool. All right. I guess we'll do it at 5:05 then. Commissioner Gort: Pass it as is. Commissioner Suarez: Got it. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 67 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 M - MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS Citv ofMiami Page 68 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 69 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 70 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE FRANK CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 71 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ END OF DISTRICT 4 ITEMS City of Miami Page 72 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 73 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 FL - FUTURE LEGISLATION FLA ORDINANCE 2773 A RESOLUTION 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, ENTITLED "DEFINITIONS OF TERMS," AND ARTICLE 3, SECTION Zoning 3.11, ENTITLED "WATERFRONT SETBACKS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN FL.2 ORDINANCE 2825 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 13/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, Planning and FLORIDA, AS AMENDED ("CITY CODE") ENTITLED Zoning DEVELOPMENT IMPACT AND OTHER RELATED FEES/DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE," BY UPDATING THE DEFINITIONS; UPDATING THE COEFFICIENTS UPON WHICH THE DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT ("DDRI") SUPPLEMENTAL FEE IS ESTABLISHED; UPDATING THE ASSOCIATED ANNUAL ADJUSTMENT FACTOR; UPDATING REFERENCES TO THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ELIMINATING REFERENCES TO AN OUTDATED ZONING CODE; UPDATING REFERENCES TO THE CONSOLIDATED APPLICATION FOR DEVELOPMENT APPROVAL ("CADA") ASSOCIATED WITH INCREMENT III FOR THE DDRI; UPDATING VARIOUS AUTHORIZING POLICIES OF REFERENCE FROM STATE AND LOCAL GOVERNING BODIES; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; DIRECTING TRANSMITTALS; PROVIDING FOR A TERMINATION DATE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION Citv ofMiami Page 74 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 NA - NON -AGENDA ITEM(S) NA.1 ATTORNEY-CLIENT SESSION 2962 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 SEPTEMBER 28, 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 Chair Hardemon: Okay. Madam City Attorney, you wanted to make some sort of announcement? Victoria Mendez (City Attorney): Thank you. With regard to an attorney-client session that we're requesting, Chairman and members of the Commission, pursuant to provisions of Section 286.011(8), Florida Statutes, I'm requesting that a City Commission -- at the City Commission meeting of September 28, 2017, an attorney- client session, closed to the public, be held for 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 or strategy sessions related to Citv ofMiami Page 75 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 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 Gort, Frank Carollo, and Francis Suarez; the City Manager, Daniel Alfonso; myself, the City Attorney, Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for Land Use and Transactions Rafael Suarez -Rivas; and Assistant City Attorneys Kerri McNulty and Forrest Andrews. A certified court reporter will be present to ensure that the session is fully transcribed, and a 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 Chairman will announce the termination of the attorney-client session. Thank you. Chair Hardemon: Thank you very much. NA.2 DISCUSSION ITEM 2964 DIRECTIONS BY VICE CHAIR RUSSELL: 1) TO THE ADMINISTRATION TO CONDUCT AN INTERNAL ANALYSIS OF Office of the City THE CITY'S PROCESSES AND PROVIDE A REPORT Cierk REGARDING LESSONS LEARNED FROM HURRICANE IRMA; 2) TO THE CITY ATTORNEY TO REVIEW THE RECENT CLASS ACTION LAWSUIT FILED AGAINST FLORIDA POWER & LIGHT (FP&L) OVER POWER OUTAGES FROM HURRICANE IRMA AND DETERMINE IF THE CITY OF MIAMI WOULD QUALIFY AS A CLASS MEMBER; AND 3) TO THE ADMINISTRATION TO ANALYZE THE POTENTIAL FOR A PILOT PROGRAM TO CREATE A POROUS AND UNDERGROUND UTILITY CONDUIT THAT THE CITY CAN LEASE TO UTILITY COMPANIES. RESULT: DISCUSSED Vice Chair Russell: Mr. Chairman? Chair Hardemon: Mr. Vice Chairman. Vice Chair Russell: Thank you. And Ms. Betancourt, thank you for bringing that up, because, really, the elephant in the room today is that we're still in crisis mode with this hurricane. Our job here is to legislate, so we have to be here. But I know that every one of my Commissioners would rather be out in the field right now, continuing to help our constituents who are not fully recovered; we're not there yet. The City is doing a great job, and there will be a time to pat ourselves on the back and give proclamations for the many, many, many heroes from every department, who have stepped up, but I think what we can do today, and what I would like to have a brief discussion on is about starting the process of learnings. This is the time for us to really soak in everywhere we see that we can improve and be more resilient for the future on where we had shortcomings in this preparation, during, and recovery. To start with, we look at ourselves. So I'd like to direct the City Manager to really analyze our process and what happened, and come back to us with a report of what he has learned. Many things positive did happen. It was amazing to see the EOC (Emergency Operations Center) in action. But we can always find ways to improve, and I know that has got to do with many things, from process to communication. The next step is for those who work with us; our vendors, like FPL City of Miami Page 76 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 (Florida Power & Light). You know, there's been -- The linemen have done an amazing job. Our liaisons at the EOC have been very readily available to us. But the question is: Has FPL been a good steward of the money that it's been collecting with regard to preparation for storms like this, and the recovery point afterward? I feel like our residents are going to say, "No." I've heard them. There was a lady in my office yesterday, crying, scared to death at night, still in a single-family home, without power, in a dark neighborhood, no streetlights. Everyone around her has evacuated, and we have heightened police to try to help give her a feeling of safety. There are still high-rises downtown, still without power; hundreds of people. We still have senior centers whose elevators are still not functioning. So for whatever good has happened in the storm, we are not there yet. And some would say we were lucky with a near miss. I think what -- Our luck is to see that we're not fully prepared, and we have to do better. We have to learn from this near miss, because if it had been bigger, we'd much -- be in a much worse place. So in addition to the original direction for the Manager to analyze our internal learnings, I'd like to ask our Manager and our City Attorney to analyze our franchise agreement with FPL, to study whether or not they have met their obligations of the franchise agreement. Have they been responsible with everything they're supposed to do under that agreement? And finally, I understand that a class action lawsuit was filed by the residents yesterday, I guess, to FPL. I would like -- Our City Attorney, I believe, may have already analyzed that. I would like to know if the City would qualify as a member of that class action, as a customer of FPL, and get your advice on whether or not that is something that we should join. It's a public class action lawsuit, so I don't know that there's the need for a shade meeting. I know we're just learning about this, but maybe even later today, with your advice, we can make a decision of whether or not we are or should be a member in that. Commissioner Suarez: Mr. Chair -- okay. Go ahead. Vice Chair Russell: So that's my motion, directing that analysis from the City Manager and the City Attorney. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: I have a question. There was a report today -- I think, in the Herald, if I'm not mistaken -- that it was going to take four to six weeks -- I'm sorry - - four to six months to clean up the City from the debris. Is that accurate? Commissioner Gort: That was the County. Daniel J. Alfonso (City Manager): Yeah. I don't believe it's going to take us that long, sir. Our estimate is more like 45 to 60 days for everything. Commissioner Suarez: 45 to 60 days? Mr. Alfonso: Right. Commissioner Suarez: Got it. Yeah, that sounds a little bit more reasonable. Commissioner Gort: That article, I think it was discussed in the County. Commissioner Suarez: Yeah. Commissioner Gort: Discussed a lot. Commissioner Suarez: I personally think -- I understand, given the resources and the way this has happened, that the 45 to 60 days is what you're saying, and I think, City of Miami Page 77 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 given where we're at and the state that we're at, I think that's reasonable. But I don't think that that's prudent, and I'll tell you why. During hurricane season, we could get hit with multiple hurricanes in a given season. We can -- I think in '05, we got hit with three. So, you know, as you know, one of the things we talked about in Matthew was that people were just leaving the debris out there, not on collection day. They were just wholesale cutting and leaving stuff out there before the storm. And we had discussed then that it was prudent for us to potentially get outside contractors to help us, because the City's not really equipped to do a pickup in one day, which makes sense, because we don't do it in one day; we do it over the course of a week, and we don't do it in that volume either. What I am concerned is that, you know, in hurricane season, we could get hit with multiple storms. And now, we have a crisis where, if our completion timeframe is 45 to 60 days, you know, and we get hit with another storm in the next two days, what's going to happen? You've -- you know, we're not prepared to deal with a multiple -storm scenario, given our current policies and procedures. We should have a 48-hour policy to get -- We have to go out there. FEMA (Federal Emergency Management Agency) will reimburse us for debris pickup, so we should -- Go ahead. You want to jump in there? Mr. Alfonso: I -- Commissioner Gort: Yeah. Mr. Alfonso: -- would say that 48 hours is a good -- Commissioner Suarez: Objective. Mr. Alfonso: -- goal or aspiration. Commissioner Suarez: Objective. Mr. Alfonso: But I would think that possibly acquiring the resources to do that might not be possible, because it's not just the City of Miami hiring companies to pick up. I mean, it's every municipal and County and State -- Commissioner Suarez: I agree. Mr. Alfonso: -- hiring companies. So -- Commissioner Suarez: But it is reimbursable by FEMA, correct? Mr. Alfonso: Yeah, yeah, it's reimbursable. Commissioner Suarez: Right. Mr. Alfonso: I'm not saying it's not. I'm just saying that you're competing with other folks for the same people. Commissioner Suarez: Agreed. But let me ask you this: Are we paying right now -- Our contractors right now are getting paid the same amount as the County, for example? Mr. Alfonso: I don't know the answer to that question. Commissioner Suarez: Right. Mr. Alfonso: We have a contract, and there's a FEMA reimbursement rate that we believe everybody pretty much uses, but I'll let our Procurement Department explain. City of Miami Page 78 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Annie Perez: Good morning, Commissioners. Annie Perez, director of Procurement. Yesterday I attended -- The Solid Waste Department has been having every day a meeting at 2 p.m. with the -- not only the monitors for debris, but also the contractors. And one of the things that -- Yesterday I was invited to the meeting, and one of the things that did come up is the fact that perhaps we're not paying enough, and that's an issue. So I already placed a call this morning to FEMA to get a contract specialist. The contract does allow us to make an equitable adjustment, and the contract also allows us to add/delete. There's a few things in the contract that needs to be fixed. It's an old contract. Commissioner Suarez: Right. Ms. Perez: So I'm waiting for FEMA to get back to me with the name of a contract specialist. They're going to do that today. We just want to make sure that whatever we do with the contract that it's not going to hinder any reimbursements. Commissioner Suarez: I totally agree with that. I just think, as you've sort of -- I've kind of stumbled upon the same information, which is that our main contractors maybe are subbing out a lot of the work, because they're overburdened, because there's multiple storms, as the Manager indicated, and so they're being pulled in a variety of different directions. But once they sub it out -- and they pay their subs significantly less than what they're getting paid -- Ms. Perez: They go also. Commissioner Suarez: Exactly. They go to another city that is paying more. And so, what happens is for 45 days to 60 days, that's what happens. And what worries me is we don't have 45 days if this storm that's a category 5 now in the Caribbean makes a turn, an unexpected turn; we've got four days, maybe. And so, I think during hurricane season, we really need to -- I think we did a much better job than in Matthew, pre -collecting. We got lucky, I think, a little bit, too, because it came on Saturday/Sunday, so we did a much better job of pre -collecting, of keeping the City clean before the storm than happened on Matthew. I just think after the storm, I worry that that timeframe is just not going to keep us safe, and I think our residents are worried about it too. I'm hearing a lot of the same concerns. Ms. Perez: Yes, Commissioner, and that's why I'm trying to get the answer as soon as I can from FEMA. We can make the amendment and move forward so that they can hire enough subs to do the work in a timely basis. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: So when discussing the hurricane, we could go in many different avenues, from tree pruning to FPL to the elderly. I want to, at least for right now, maintain with the trash pickup. We're getting a lot of phone calls on that. And when I say, "trash pickup, " I mean bulky trash. I mean the trees that are down and so forth. When is the City of Miami actually going to start the bulk pickup, bulky trash pickup? Because we're getting a lot of calls on that. Nzeribe Ihekwaba (Chief of Operations): Good morning. Zerry Ihekwaba, Assistant City Manager. The City of Miami has already commenced the pick up of bulky waste, and including trash, the downed trees, and we have the contractors assisting us as well. We had an extensive, detailed and very informative meeting yesterday, specifically directed the two contractors, to double their resources, and they made City of Miami Page 79 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 promises to us yesterday. By tomorrow, one of the contractors is going to double their available trucks and personnel onsite. The second one is going to double by Friday this week, so I see a lot of activities happening by Monday. And in addition to all that, we have City resources also deployed on the streets, so we are focusing on critical infrastructure facilities at least for the next few days; then we're going to expand into the rest of the City's residential areas. Commissioner Gort: Mr. Chairman. Vice Chair Russell: Yes. Commissioner Carollo: And -- Vice Chair Russell: I'm sorry. Commissioner Carollo: --just real quick, to address Ms. Betancourt's issue with the elderly, there will be future legislation coming. You know, in my office, they're really working on it. There's other legislation that I think is being proposed too, and we'll see how it all works into, but there will be future legislation. Vice Chair Russell: Commissioner Gort. Commissioner Gort: One of the things that I'm doing personally, I know a lot of people that have trucking companies. I've asked them to get in touch with Mario, with our Solid Waste people, and they're -- some of them have been hired already. So anyone you know that can -- the City vendor that do that type of job in construction -- right now, construction is down -- they can utilize that personnel and the trucks, so I suggest you send them to Mario's at the -- and they can take care of that so they can have some additional people picking up, and they're willing to do so. Now, I, myself, I was going to bring today, because I spent a lot of time going to this facility, and I'm going to request a resolution drafted in a pocket item requiring affordable housing project to have a disaster emergency plan that deals in the event of emergency with the lease of the resident and affordable. Now most of these people, they have the -- like the different agencies that create affordable housing. We had to support them. They should have a plan where they should have enough diesel. They're supposed to have a plan to protect the individuals and give them at least electricity to the corridors and to the -- to the corridor and the public facilities; but also, at the same time, there's a lot of people out there that were willing to cater to those. I, out of my office budget, committed quite a few lunches and dinners that we took to all those places. So I think we have to get involved. At the same time, people need to get involved. I mean, you all and myself, we've been going throughout the community for years, telling them how to prepare themself [sic/ for a minimum of 72 hours, and this is something that's very important too. Thank God, I think our Administration did a good job. I think our people -- You all were at the EOC all the time, and they did a terrific job in trying to prevent a lot more problems to take place. We've been very lucky. We didn't have any -- I didn't see many destructions of houses or buildings, with a few exception. Most of it was trees. That's something we need to look at. In the past, we used to be able to ask people before this type of hurricane -- eventually any hurricane that will be coming up, or even way before, we asked people to please trim the trees, and this is something we need to look into it. Chair Hardemon: I want to get us back to where we need to be. Mr. Ihekwaba: Okay. In addition to some of the information I provided, the two contractors we have, have also openly accepted referrals, so if you know any general contractor that is available, ready to roll, we have the opportunity to provide that City of Miami Page 80 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 information to the two contractors, and they're willing to accept them as their subs to augment the existing resources. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. Vice Chair Russell: I know contractors who are out there doing it for free, just because they see the need. I recognize that we have a difference between residential bulkpickup and emergency debris clearing. Mr.Ihekwaba: Yeah. Vice Chair Russell: And I would like us to start to also consider the debris that we're seeing in our residential streets as emergency debris clearing. That's not typical, people trimming their trees at this point. These are downed trees that have been -- they're still blocking the roads, the rats are coming, the leaves are dry, and now it's afire hazard. Mr.Ihekwaba: Yeah. Vice Chair Russell: So the sooner we can get to those residential streets and consider that emergency debris clearing, I think it's absolutely paramount. Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: Thank you. I think there's another lesson learned. I mean, I don't want to get into all the lessons learned, because we'll be here forever. Commissioner Carollo: Right, right. Vice Chair Russell: That's why the motion is for them to analyze it. Commissioner Gort: Right. Commissioner Suarez: And I don't want to be here for -- but I do want to say this, because this is something that I noticed throughout the process. These -- Even our own internal people, who cut trees or who -- the word in Spanish is 'pulir. " You know, it's sort of -- I'm struggling to find the word in English. What's the word? Victoria Mendez (City Attorney): Trim, prune. Commissioner Suarez: Trim, trim. I'm sorry. Trim. Sorry, guys. I'm still in "out - in -the -street" mode -- trim trees. We need both our contractors, our 'pre" and 'post, " and our tree trimmers, generally. I think we need to really have line certified -- We should require them to be line -certified cutters. It's going to cost more money, for sure, because it's an additional certification, but the fact of the matter is we're relying a lot on FP&L -- right? -- and we're stuck without -- I would say at least one out of every three trees that I saw down was down against a powerline, had taken down a powerline, or something like that. And the excuse was, "Well, we can't touch that tree, because we're not line certified. We're not certified to touch a tree that's tangled up with a line. " And so, if that's an additional skill, maybe we should train our employees and maybe we should train -- or we should require that in our bidding process that the people that trim trees or the people that are cutting trees, that are clearing debris, and collecting debris are line certified. City of Miami Page 81 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Mr. Ihekwaba: Okay. In regards to that, Commissioner, we've also reached out to FPL. They do have an environmental section that is tasked with the responsibility of trimming trees along the corridors or powerlines, and we're going to pursue an aggressive plan for them to give -- provide to us, at least on a yearly basis, what is their plan of action to address trees that are within the powerlines and easements. Chair Hardemon: I just hope that they're satisfactory, and not the horror stories that I always hear about FP&L and how they butcher people's trees when they're fixing powerlines. I haven't seen it myself personally, but I've heard about these stories from a number of different sources. So I want to kind of bring some order back to where we were. I'm sure there are going to be many resolutions. Ordinances are going to be passed to address a number of different things, because we saw a number of different things in our senior facilities. For instance, where we would go to the building, look for management, because we needed someone who was in leadership, and they abandoned the ship. And so -- and it was a very heartfelt thing to see, because we had to then take, you know, water and ice and supplies up the stairs to different scenes, because they didn't have power; they didn't have anything that would really keep them sustainable, really. So I'm sure that as a body, we're going to address all those things, and all of us are making our notes and we're jotting down things that are necessary for us to improve upon the processes so we can service the people in our district best. And I think that the Manager and his team -- I just applaud you all for getting everything started with ordering the ice, et cetera, being prepared for that, because I will tell you that it made a big difference. I remember, I walked into a women, because we were also visiting homes, individual homes that were in the neighborhoods, and when I brought her ice, she was actually holding her insulin in aluminum foil, trying to keep it cool. And so, I mean, the visual of that, it just changed my perception about ice, and it changed my perception about the needs of people during this time. So, you know, we tell people all the time to be prepared for 72 hours, but this has gone a lot longer than that, and I think it's just a -- it's an awesome responsibility of ours to help the residents to make this better. And so, if something happened that was in the negative to someone in our communities, I know it was not for the lack of effort from those who serve this community, because I saw everyone do as much as they could, as best as they could, as aggressively as they could to help everyone in this community. So, you know, I applaud all of you, and I think we're going to get to that, like you said, Mr. Vice Chair, at a later date when we can actually say, "Okay, we can take a deep breath, because everything is back the way that it should be, at least. " And so, I want to get back to the Vice Chairman's original motion. I know in his motion -- and it may be a little bit -- Vice Chair Russell: Should I clarify? Chair Hardemon: Well, I don't -- not -- Well, we can restate it, exactly what it is, but you may also want some -- Vice Chair Russell: (UNINTELLIIBLE) as well, (UNINTELLIGIBLE). Chair Hardemon: -- well, the last part of it. Commissioner Carollo: I don't think we need a motion. I think you just direct the Administration to analyze it. Chair Hardemon: Okay. Vice Chair Russell: They will expect -- City of Miami Page 82 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Commissioner Carollo: All aspects of it. Vice Chair Russell: They will -- Commissioner Carollo: I don't think we need a motion. Vice Chair Russell: So no -- because -- so there were the three things: Directing them to analyze our internal learnings -- Commissioner Suarez: Yeah. Vice Chair Russell: -- directing them to analyze our franchise agreement, whether they met obligations; and then also directing Legal to analyze the class action lawsuit to see if we would qualms as a class member. Chair Hardemon: That's fine. I see no objection to it. Vice Chair Russell: Direction taken? Unidentified Speaker: Yeah, direction taken. Vice Chair Russell: Thank you very much. Commissioner Suarez: Thank you. Chair Hardemon: And then I'll close the public comments section. I see there's no further public comment regarding this agenda. Vice Chair Russell: Mr. Chairman, just to finish up the hurricane discussion, please? Chair Hardemon: Yes. Vice Chair Russell: I'd like to offer a first step that I've heard a lot about, and it's a very simple thing. It's a direction to the Management to analyze the potential for a pilot program with regard to undergrounding of the lines. This is a problem no one has ever seemed to want to tackle, because it seems so big, but over a hundred years ago, the technology was found that we could string lines up and send power through it. And at that time, it was a pride to see those lines going to your house. If there was a photograph of your house, you would see from then -- you would know technology was here, because the lines were visible. And I think now we're looking at the inverse. When you see a photo of a house without those lines, that's the next generation of technology. I don't think we can simply wait for others to do it for us or figure out how to pay for it, or whatever. What I would like to direct is to analyze a pilot program; to pick a street that is in need of physical roadwork, that's got to be redone anyway; whether it's for drainage -- whatever it is; that we resurface that street with porous asphalt. This is a technology that has been perfected now, where there's a drainage bed underneath the street, and the entire street is permeable asphalt, and the water be -- goes into a basin area, and within that gravel base underneath the asphalt. And if this pilot program works, in every street that we redevelop that we include a conduit that we can lease to utilities, as a revenue to the City; whether it's electricity, whether it's telephone and cable, and that start to become a practice of the City as we develop our streets. Commissioner Suarez: Mr. Chair. Vice Chair Russell: Just looking for a pilot program at this time. City of Miami Page 83 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Commissioner Suarez: Yeah. I totally agree. I love the idea, and I like the idea of the porous street. I would like to just add that --I guess the pilot program will show it, which -- what's the cost? You know what I mean? Because I think the pilot program will show it. I think the other thing is one maybe refinement to your directive, your last directive is to maybe choose a street on an area where they've lost power for the longest amount of time. You get what I'm saying? In other words, there are people that are -- still today don't have power, okay? And this is day nine or day 10 for them, or day 11. So maybe pick a street -- instead of picking a street -- because you can pick any street. I mean, there's a bunch of streets in the City. I don't think we should pick a street of somebody who got power right away. I think we should pick a street of someone who has the longest amount of time without power. I mean, I think that's the fair thing. I don't know if you guys agree with me. Chair Hardemon: And I'll say this, and this is -- Commissioner Suarez: Or do one in each district. Chair Hardemon: I know in the Grove, there's still sections without power. Commissioner Suarez: A lot of them. Vice Chair Russell: My house. Chair Hardemon: Well, not your house. You can't -- you know. Vice Chair Russell: N. that's not where I want the pilot program. Chair Hardemon: No, I get it. I get it. I understood what you mean, but (UNINTELLIGIBLE). Ms. Mendez: The Vice Chairman did not mean that. Chair Hardemon: I know he didn't mean that. Vice Chair Russell: I'm saying, I don't have power still. Chair Hardemon: Right. I certainly wouldn't be against, for instance -- I remember you made a comment one time that said something to the effect of -- I'm going to refer to it as "the black Grove" -- "The black Grove tends to get the shorter end of the stick." And so, you know, I wouldn't be opposed to it being a street -- if there's still a street there without power -- it being there; you know, one of our original inhabitants. Vice Chair Russell: One of the worst -- Chair Hardemon: Right. I would not be -- Vice Chair Russell: -- tree down, line down situations, actually. Chair Hardemon: -- opposed to that. I know it's one of our original neighborhoods to the City of Miami. I see Commissioner Carollo also shaking his head that he wouldn't be opposed to it. I think that if you want to give a clearer direction to them somewhere, somewhere in that area would be perfectly fine with me. City of Miami Page 84 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Vice Chair Russell: I can't offer a pocket amendment that has a financial impact, so at this point, it's to analyze and plan for a pilot program to create porous asphalt and undergrounded utility conduit. That's it. Commissioner Suarez: By the way, I think it's genius if we can bring the utility power like we bring in plumbing from the front, because I think one of the big logistical challenges that I kept thinking about is a lot of them run through the back. Commissioner Carollo: Yeah. Vice Chair Russell: That's what this would do. Commissioner Suarez: Right. This would bring it for the front. Vice Chair Russell: Instead of between the houses where the trees are, this would be in the street, being (UNINTELLIGIBLE). Commissioner Suarez: Right. And it takes all that out. So -- and I think as we do streets -- which we have to do streets all the time. I mean, we're going to do, you know, I'm sure, over the next 10, 20 years, an overhaul of most of our streets, so it actually could be an interesting opportunity to revamp our entire energy infrastructure. I like it. Vice Chair Russell: And I believe it's going to be less expensive than you think -- Commissioner Suarez: I think it is, if we can do it -- Vice Chair Russell: -- and if we can create a revenue source from leasing that conduit -- Commissioner Suarez: I think you may be right. I think you may be right. I think you may be right. It may not even cost what people are thinking as a per-unit cost, because if you incorporate it into your capital improvements like that, it might be significant -- it might not even be any cost to the -- Chair Hardemon: (UNINTELLIGIBLE). Commissioner Suarez: I like it. Chair Hardemon: All right. Commissioner Gort: You could probably use it in the Underline also. Chair Hardemon: Okay. Vice Chair Russell: Does that -- Chair Hardemon: Like I -- Vice Chair Russell: -- need a vote or --? Chair Hardemon: No. It's a direction. Vice Chair Russell: Direction to the -- okay. Thank you. Chair Hardemon: So (UNINTELLIGIBLE) is fine. City of Miami Page 85 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 Commissioner Suarez: Can I move the -- Chair Hardemon: I close the public comments section. NA.3 DISCUSSION ITEM 2963 DIRECTION BY COMMISSIONER GORT TO THE ADMINISTRATION TO PLACE ON A FUTURE AGENDA A Office of the City RESOLUTION WHICH WILL REQUIRE AFFORDABLE HOUSING Cierk PROJECTS TO HAVE A DISASTER EMERGENCY PLAN THAT DEAL IN THE EVENT OF AN EMERGENCY WITH THE NEEDS OF THE RESIDENTS IN AN AFFORDABLE HOUSING PROJECT. RESULT: DISCUSSED Chair Hardemon: Commissioner Gort. Commissioner Gort: The other thing, I'd to instruct the Administration to come up with a resolution draft, the -- creating the requirement of affordable housing project to have a disaster emergency plan that deal with event of an emergency with the needs of the residents in an affordable housing project. Chair Hardemon: Been seconded by the Chair. Commissioner Gort: Number one. Commissioner Carollo: Yeah. Later... Chair Hardemon: All right. I believe I stated on the record that it was seconded by the Chair, but I want to be very clear that that was a directive given by Commissioner Gort to Administration or the City Attorney, so we fully expect you to respond. Victoria Mendez (City Attorney): Okay. But a directive, not a reso? Chair Hardemon: Correct. Commissioner Carollo: Yes, directive. Chair Hardemon: Because that's -- I believe he announced it as a directive. Ms. Mendez: Okay. Todd B. Hannon (City Clerk): So it's a motion directing? Chair Hardemon: It is a directive. It is not a motion. Mr. Hannon: I see. Understood. Chair Hardemon: So disregard my statement. Mr. Hannon: Sure. City of Miami Page 86 Printed on 09/27/2017 City Commission Meeting Minutes September 19, 2017 ADJOURNMENT The meeting adjourned at 11:11 a. in. City of Miami Page 87 Printed on 09/27/2017