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HomeMy WebLinkAboutCC 2018-06-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 0I' r * INC0AP 6AATE0 1� 18896 j Q' 1O`p� Meeting Minutes Thursday, June 14, 2018 9:00 AM Regular City Hall City Commission Francis Suarez, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes June 14, 2018 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Reyes. On the l4th day of June, 2018, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 9:13 a.m., recessed at 10:18 am., reconvened at 10:33 a.m., recessed at 12:04 p.m., reconvened at 2:33 p.m., and adjourned at 5:08 p.m. Note for the Record: Vice Chair Russell entered the Commission chambers at 9:14 a.m., Commissioner Reyes entered the Commission chambers at 9:20 a.m., and Commissioner Carollo entered the Commission chambers at 9:36 a.m. ALSO PRESENT. Joseph Napoli, Deputy City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the June 14, 2018 meeting of the Miami City Commission in these historic chambers. The members of the City Commission are Wifredo Gort, Joe Carollo, Manolo Reyes; Ken Russell, the Vice Chairman; and me, Keon Hardemon, the Chair. The Mayor is not on the Commission. Also on the dais are Emilio T. Gonzalez, our Citv Manager; Victoria Mendez, our City Attorney; and Todd Hannon, our City Clerk. The meeting will be opened with a prayer by our Mayor, and the pledge of allegiance will be led by Commissioner Cort. All rise. Mayor Francis Suarez: Rise and bow your heads, please. Invocation and pledge of allegiance delivered. PART A - NON -PLANNING AND ZONING ITEMS) PR - PRESENTATIONS AND PROCLAMATIONS PRA PROTOCOL ITEM 4265 Honoree Presenter Protocol Item Lazara Martinez Commissioner Gort Certificate of Appreciation Elder Abuse Awareness Day Mayor Suarez Proclamation RESULT: PRESENTED 1) Mayor Suarez and Commissioners recognized, honored and expressed gratitude to Ms. Lazara Martinez for her contributions to our environment. Ms. Martinez has taken on several roles in a variety of industries including veterinary care, construction, mechanics, and many more. Through her experiences, the welfare of animals and the environment have always lied close to her heart, as made evident by City ofMiami Page I Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 her work throughout our community. Most recently, Ms. Martinez has taken the initiative to assure our environment is clean and safe by picking up debris, including furniture, clothing, waste, and other hazardous or unsanitary items that have been dumped on our streets. Elected Officials paused in their deliberations of governance to commend Ms. Martinez for her notable contributions and for her ongoing public service to our community. 2) Mayor Suarez and Commissioners presented a proclamation to bring awareness to the Citv of Miami residents regarding World Elder Abuse Awareness Day (WEADD). The WEADD was launched on June 15, 2006 by the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations, aiming to promote a better social understanding of abuse and neglect of our elderly by raising awareness of the social, cultural, and economic effects of abuse. The initiative plays a vital role in acknowledging elder abuse as a public health and human rights issue, and reminds us of the profound repercussions that such abuse can have not just on the elderly community. Elected Officials paused in their deliberations of governance to raise awareness and preserve the dignity and respect that our elderly community so greatly deserves therefore, proclaiming June 15, 2018 as "Elder Abuse Awareness Day" in the City of Miami. Chair Hardemon: We will now make our presentations and proclamations. Presentations and proclamations made. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Hardemon: At this time, I'll open the floor. for public comment. Is there -- if there is anyone from the public that'd like to speak on any item that's on the agenda, now is your time to do so. You may approach any of the two lecterns. State your first name, your last name; you may state your address, and what item it is that you're speaking on. So once again, you have two minutes to address this body, public comment. If you would like to make a comment, state your first name, your last name, what item it is you want to speak of, and you may state your address. You're recognized, sir. Eddy Leal: Good morning. Actually, I'm going to let -- defer the floor to the lady, please. Oh, go first? Okay. My name is Eddy Leal. I am the President of Bayshore Place, and I am trying to bring to this body two main items that are of concern; one is a short -- sorry -- short-term concern, and the other one is a long-term concern. Brickell Bav Drive is in District 2. The short-term concern is that I know we had hurricane season a while ago, but, unfortunately, our community still has dead trees and inoperable electrical lights. I have tried to raise this, one way or the other, and it remains an issue. We have -- we just had a presentation about older folks in our community. It's -- there's a lot of older folks that walk their dogs. I'm trying to see what can be done to get this resolved. I know my time is short, but I brought some pictures that show the issue. This is in front of'1420 Brickell Bay Drive. Number two is -- I was looking at the budget, and I see that some parts of Brickell have seawall development that are unfunded, but that are planned. Unfortunately, to much of my surprise, Brickell Bay Drive doesn't have anything planned. There is a current project, which is 40B30840, that is tailing in at this time of'-- at this year to remedy, the area. It's important, first oj' all, because we have hurricane season,- second, eason;second, because if you know the area, the Jade and the other neighboring properties have a much more -- higher seawall. We had a huge amount of surplus coming in, a storm surge in the area that affected the properties, my -- the association that I represent and the neighboring ones. And last, but not least, I wanted to bring an issue that I know the Mayor assisted for June 1. If you recall, there was a discussion about public notice and information about the building permits. There's so called an City ofMiami Page 2 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 email that you can subscribe to in order to get information about zoning and changes. That email is not -- doesn't exist. I spoke to my NET (Neighborhood Enhancement Team) Officer to ask him, "How is it that you cat of subscribe?" And the way that it was explained to me is that there is, unfortunately, like an Excel sheet, and they get the information from that Excel sheet. I know Commissioner Reves was involved, and I explained the issue, and he asked me to bring it to the board -- to the presentation so that could be corrected. I think at today's age, given that were going electronic, we should have a legitimate list serve [sic] that people that are concerned about their zoning can be informed, and not -- as I said at that meeting -- be informed when there's a picture on a coconut tree, and you find out that that's the issue. So I ask, whatever guidance I can get to have this corrected, to see if we can have this in the budget and -- Vice Chair Russell: If I could, Mr. Chairman? Chair Hardemon: Thankyou very much. Mr. Leal: Thank you. Vice Chair Russell: Mr. Chairman? Thank you.for bringing this to our attention. My Chief of Staff would love to meet you. She's standing right over there and she'll come around and get your information, and we'll get a meeting together, because all those things that you mentioned are things that we can help you with, absolutely. We have a Tree Trust Fund to help take care of these things. We have a Public Works Department with a new Director who is ready to take that on. And the issue of the seawall on Brickell Bay Drive is a big one, and its not just the seawall. The sidewalk there is too small. There's no bay walk, appropriately. This could be a potential beautiful linear park. This could be a buffer to storm surge. So there's a lot 1'd like to talk about, and 171 -- I'm looking for community support with that, as well. And 1'd like my fellow Commissioners to know that we're revamping the legislation to bring it back with regard to utilizing City funds to shore up our seawalls and the baywalk where developers can reimburse us, but with tweaks that I think that would make it more palatable for the Commission, and fairer for the City. So please look forward to that, and we'll be investing in that. As far as notification, in our last budget last yeas; we allocated another, I believe, $700,000 toward -- is it 70 or 700? Aw, what's one zero? It had to do with notification, though. Please let me check on that for you and see where we are with changing our notification system, because that is a very weak point in our city where our residents feel in the dark, and we want to change that. In the meantime, please make sure you subscribe to my newsletter so that you know all the Planning and Zoning issues that are coming in our district, but my Chief of Staff is glad to meet with you right now. Thank you. Mr. Leal: Thank you for your time. Chair Hardemon: Thank you very much. Mr. Leal: Thank you for letting me speak. Chair Hardemon: Ma'am, you're recognized. Ma'am? Vivianne del Rio: Good morning, Chairman, Commissioners. My name is Vivianne del Rio, and I'm here for a very specific purpose today. I'd like to introduce myself' to the Commission. I'm a judicial candidate, and the issue I'm here about is low voter turnout in judicial races. I'm doing a lot of campaigning in the community right here, City of'Miami, and over and over, I hear people say, 7 don't vote for judges, because I simply don't know who to vote for. The names on the ballot mean City ofMiami Page 3 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 nothing to me. " And I'm here just to get my name out I'm hoping that the leadership of this community will understand who I am, understand my qualifications, and that that information willfilter down to the citizens of the community. With that said, I'm a Miami native, born here in Miami, not far from here. And I'm an Assistant State Attorney. I've been practicing for 27 years, serving the citizens of Miami -Dade County. I started out as a trial lawyer. I transitioned into appellate work, and I have a long list of experience in the courtroom. And it would be my greatest honor to be able to serve the citizens of my community with a position of trust and leadership. And I'm asking all of you to please help me get my name out so that I'm not just a phantom on the ballot; and people, when they see my name, can actually think of my credentials, think of my qualifications, and make an informed decision at voting time. I thank you very much for your attention. Commissioner Gort: Mr. Chairman? Chair Hardemon: Thankyou very much. Yes. Commissioner Gort: My suggestion is people should know this time is to allocate those people that have issues in front of us in the agenda to come up. I don't think we, as the Commissioners, can do from here any.favor. I'm sure every one of us would be more than glad to sit down with you personally, but I don't think this is the body to do so. I'm sorry if I -- Ms. del Rio: Thank you, Commissioner. I did speak to Mayor Suarez before speaking today, and he said it would be okay for me to introduce myself, Certainly, I did not want to -- my intention was not to offend you. Commissioner Gort: All right. Ms. del Rio: I beg your pardon. Commissioner Gort: No problem. Chair Hardemon: Ma'am, you're recognized. Annie Lord: Good morning, Mr. Chairman -- Chair Hardemon: Good morning. Ms. Lord: -- Commissioners. My name is Annie Lord I'm the Executive Director of Miami Homes fbr All, and I'm here to speak in support of Agenda Item CA.2, which is a resolution to accept a grant from the Robert Wood Johnson Foundation, in the amount of 5200,000. This grant is a continuation -- actually, a phase two -- of a grant that was awarded to the City by a group called Connect Capital, or the Center for Community Investment.. The Center for Community Investment of the Lincoln Institute of Land Policy works to overcome disinvestment, and improve opportunity so that everyone has a fair chance to lead a healthy and productive life. CCI (Center for Community Investment) is working with the City of'Miami, along with 14 other cities and regions across the country to improve access to opportunities that are essential jor good health and well-being. So as I said, earlier this year, the City of Miami was granted the ability to participate with, local stakeholders to receive coaching and an opportunity to attend a two-day workshop that would help create a blueprint for afj"ordable and workforce housing in the City of Miami. The team included the Chief of Staff of Commissioner Reyes, so Steve Ferreiro was present, and was an essential member of that team. And the team, in fact, was a number of -- six members of our community, as well as Mr. Ferreira and the perfbrmance of that team at this workshop was considered so regard -able [sic] that, actually, we were City ofMiami Page 4 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 awarded -- or the City of Miami was awarded this grant. And, in fact, we heard through the Federal Reserve Bank of Atlanta that the facilitators of the workshop were very impressed with the City of Miami and the leaders that had come to that workshop. So I'm here to express my support for the acceptance of this grant. The work that we're doing is very positive. And Miami Homes for All actually would also like to acknowledge JP Morgan Chase, who has stepped up locally to support this work and to leverage this grant from Robert Wood Johnson with an additional $115, 000 to help create --with the creation of thisaffordable housing and workforce housing blueprint. So I would like to acknowledge Maria Escorcia, who is the VP (Vice President) of Philanthropy at JP Morgan Chase, so that she can offer a couple of comments. Maria Escorcia: Thank you. Good morning. I just wanted to introduce myself. My name is Maria Escorcia, and I'm the Vice President of Philanthropy for JP Morgan Chase; wanted to say that at the firm, we understand that the success of our firm is directly linked to the success of our communities, and we've been investing in the City of Miami and Miami -Dade County for several years now; and in particular, around affordable housing. In the last three years, we've invested over a million dollars to support efforts to create and preserve affordable housing. So we're very happy and proud to be supporting this effort at this moment. Thank you. Chair Hardemon: Thank you very much, ma'am. Thank you. Sir, you're recognized. Frederick McLendon: Hello. Frederick W. McLendon. Thank you_for having me. I am from McLendon Investments, the McLendon Group, and Tonya Marie Design. I am a real estate investor. I've been investing for years; born and raised in Liberty City. Now 1 reside in Plantation Acres. During the years, 1 have invested as far as Homestead all the way down to North Florida. And during that time, I've had apartment buildings in Coral -- Coconut Grove; Family Dollar buildings in Wynwood; duplexes, residentials [sic], what have you. A few years ago, I said to myself, "Why am 1 not investing from where I came?" and that is Liberty City. And doing that, 1 started looking in Liberty City again. Like I say, I was born and raised in Liberty City; 69th Street and 30th Court; lived there for 25 years. As I was going down, looking at different properties in Liberty City, I came across the Society Cab Building, which is on 54th and 13th; the oldest -- well, actually, not the oldest, but it was the first African -American -owned taxi cab in Florida; probably go as far as Georgia or North Carolina, what have you. That particular building is up for sale. I was looking at the building across the street, and I said, "Let me get this building. This is history here. " And I purchased that building, and I found out that the gentleman was 92 years old, a war veteran, and he wouldn't sell it to anyone, even though he had the "sale" sign tip there. I talked to him, he sold it to me, I was happy with it. I wanted to keep that building. And I m redoing that building, painting it, new windows, new doors. It was two sides to it that were vacant where the Society Cab Building was. Now I have the oldest African-American motorcycle club there. There was a -- Chair Hardemon: Can you give him -- Mr. McLendon: -- beauty shop there. Chair Hardemon: -- an additional one minute? Mr. McLendon: Yes, please. I have the beauty shop that's just opened up there now, as well, and I'm redoing that whole area. With, that being said, there was a building across the street from my building, and that's the 1302 Northwest 54th Street building that's coming up today in proposition. About a year and a half' ago, I inquired about getting that building, and what I wanted to do with that building was City ofMiami Page 5 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 to split it in half- half of it was going to Tonya Marie Design, which is a business I own with my wife. She's a very famous designer down here in Miami. She designs with Housewives of Atlanta, Housewives of Miami, Timberland, Pit Bull, you name it. She does all of that. She's very well known. And that half of it is also going to be arts. We're going to rename that the Wynwood -- I'm sorry -- the West Art District to bring more to the Liberty City area. The other half was going to be an incubator. Where it's going to be McLendon Investment, it was going to be minority-owned plumbing contractors, electrical contractors, roofing contractors, everything to do with minority-owned businesses. You see those so much, they have their trucks and their little business at their house. They have no place to go to say that's -- Chair Hardemon: Sir -- Mr. McLendon: -- their own, and to park. I was working with this -- Chair Hardemon: -- sir -- Mr. McLendon: -- for a year and a half. During that time, I had all of this done with Chair Hardemon: -- sir -- Mr. McLendon: -- with FIU (Florida International University). Chair Hardemon: -- your time has expired. Mr. McLendon: My time is up? Chair Hardemon: Yeah. Mr. McLendon: Thank you. Chair Hardemon: Thank you very much. Sir, you're recognized. Vice Chair Russell: Which item was it? Commissioner Gort: Which item? Chair Hardemon: He was talking about PH 4. PH 4. Samuel Latimore: Good morning. I need to ask and get clarification on something that involves me recognizing, commending some services in some departments. What has happened -- I just read an article by the Miami Today where I was mentioned in it, and I was told that -- I have a site on -- that they're broadcasting a thing I did with WLRN. It is about what I do in the community, along with the Commissioner's office. But as I look at the two articles -- and you might want to look at that. It's -- nay daughter,bund it excellent -- I realized that none of the things that I do and the people I work with do would get done without the help (,'some City of Miami folks. So I want to take any time to just recognize some. fbIk. Mayor Suarez comes to the Senior Citizen Building on a regular basis. And on behalf of Ms. Nancy Dawkins, she told me to say to you hello. She's been kind of busy lately. We appreciate that. Zerry assisted me -- the Assistant City Manager assisted me on demolitioning of a building that had been up with no roof trees going through the roof'for 25 years. The external of the building was dropping on children that were going home from Edison; Milton Vickers, who I would call about the various things that would activate and assist the community on that; Juvenal -- We were breathing some dust, and I called Ms. Sandra Harris, and I called Juvenal's ojjice -- that's City ofMiami Page 6 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Public Works -- and within minutes, they were out there testing the air and getting that thing done for us; Kevin Kirwin and Wesley, for all the work you do in helping the children out there and providing seats -- programs for children; Chris Rose, who comes out to the facility on a regular basis and explains to us the budgetary implications of our decisions; Chief Colina, who has instituted some issues in terms of reducing crime; and Major Goss (phonetic), and her Commander, Simmons; Mr. Bernat -- Chair Hardemon: Sir -- Mr. Latimore: -- who visit at our program and has instituted some various programs. Chair Hardemon: -- sir -- Mr. Latimore: Yeah. Chair Hardemon: -- your time has concluded. Mr. Latimore: Okay. Can I get one more minute, please? Chair Hardemon: One more -- Mr. Latimore: One more minute. Chair Hardemon: -- person or one more minute? Mr. Latimore: 1 got (UNINTELLIGIBLE). But I want to say to all of them, the people in Public Works, that we really appreciate you helping me and the community stay clean and safe, and I would be remiss if I didn't bring that to your attention. So these articles are for you; they're not for me. It's for what you help its do to keep this community safe and clean. And lastly; Commissioner -- Commissioner and I may have our differences in philosophies, but he's always been there in the most critical times that we needed him. We've sat down and had some discussions, and we have different philosophies about what we do, but we appreciate the support that you've given the seniors, the youth, and I had to share that. This -- these recognitions to me go out to all of you; Mark Stallwall [sic] and McQueen. Chair Hardemon: Thank you very much, sir. You're recognized. Renita Holmes: Good morning, Commissioner and Mr. Chair; little wheezy here. I might be a little bit slower. It's a hustle and a bustle getting here so bear with me. Chair Hardemon: Two minutes. Ms. Holmes: I'm wearing an oxygen tank. Chair Hardemon: Okay. Ms. Holmes: And so, I try not to be tense, the more tense. But, you know, if only I were a little bit more -- practiced humility a little bit more, then I would be perfect. So say the words of Ted Turner. And so, the "thank you, "I won't have to do, because I came humbly before you to tell you that I've been recognized from the 37 years as ann advocate for women in public housing, educationn anal finance, development, and, oh, yes, transportation. This is the time oj'the year when we're most conscious, and I am grateful to the Mayor's Office, as well, for opening the door to talk about how important it is for a person such as this gentleman and myself, and citizens -- those City ofMiami Page 7 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 particularly in the African-American community and District S, Commissioner -- to have equity in participation, because when it comes to spending CDBG (Community Development Block Grant) monies, and we don't have money -- CSBG [sic] monies - - it is the entitled group. And I'm coming here today to be humble and say -- not please give me the money and all of us the money that we earmarked for those -- the very, very low in poverty -- but to consider in your innovative strategies, through you and the City Managed, to continue with the type of public hearing and engagement that you've had with Chris, particularly, and he has the forte, he has that ability, that cultural insight. What I'm talking about is valuable information. I've seen them at the County utilize poor people's dollars to consult with them to close the gaps. So I'm here to tell you that I'm watching. I am watching as if every 10 percent on those Federal dollars is the mark and the guideline and the covenant that we won't pass that point that the County did in paying 300 billion back, because I know the City spent some of that money, too; that we will not think that poverty dollars are to be comingled with any other State monies, all that, because every woman right here can't take another dime. We're doing some innovative things, as well, through the Chair, through the City Manager's Offree, but I should not have to ask what I'm entitled to, because every black woman, every Hispanic mother, every disabled veteran woman, every -- that's a grandmother that's out there paying the rent, because they're not waiting.for this City to catch up with affordable housing and was in public housing which was created for that woman, far this woman, I want to know. I understand you have to pay some things back, but please don't touch our poverty monies. So I'm watching that guideline. I'm monitoring and 1 know that you're attempting to comply. But I will not allow for niche consultants to be paid in a line item above that the Federal regulation had, because 1 can't stand no more. Please, please comply. Comply, because we've paid more in public housing -- and in closing, we've paid more in compliance. You know, as an advocate and trained by HUD (Department of Housing and Urban Development), as well as certified FEA14 (Federal Emergency Management Agency) and all of that, and here doing whatever you require, that 1 become a facilitator and a speaker, my para -legalism -- I'm still in poverty. 1 can't afford to move to law school. Now I'm 56 with 37 years here. But everybody's being innovative and have poverty dollars. But every time they knocked on my poor black woman door -- in closing -- they counted my kids, they counted my husband in prison. Just comply. I won't get into it. Thank you so much. Again, if only I would practice humility a lot more, I would be perfect. Ted Turner and my mama, and Ms. Molly from the church. But I don't know if you heard it. I'm seriously concerned about the compliance and the balancing in equity, as well as the participation and -- because the way that the public hearing was done -- there were some things that were done and I read through the budget, and I have some recommendations. I really want you to consider complying. I don't want us to fight. Chair Hardemon: Madam Holmes, thank you very much. Ms. Holmes: Thank you vety much. Chair Hardemon: Seeing no other person, I'll close the public hearing at this time. City ofMiami Page 8 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Regular Meeting - Apr 12, 2018 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissior AYES: Hardemon, Russell, Gort, Rei ABSENT: Carollo Chair Hardemon: Okay. The Chair would like to entertain a motion to approve the regular meeting minutes of April 12, 2018. Vice Chair Russell: Move it. Commissioner Reyes: Second. Chair Hardemon: Been properly moved and seconded. Any further discussion? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion carries. MV - MAYORAL VETOES NO MAYORAL VETOES (Pursuant to Section 4(g)(5) of the Charter ofMiami, Florida, Item(s) vetoed by the Mayor shall be placed by the Citv Clerk as the first substantive item(s) for City Commission consideration.) Chair Hardemon: Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Hardemon: Thank you very much. A Ll I IZe»►Ti UVILO ;7_1ILYl =111%] *1 City ofMiami Page 9 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 ORDER OF THE DAY Chair Hardemon: We will now begin our regular meeting. The City Attorney will state the procedures to be followed for 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]. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the Code in writing. A copy of this Code section is available in the City Clerk'sOffice 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 comment period. When addressing the City Commission, the member of the public may first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles 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 chambers; please silence those items 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 Commissionn meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary 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 in items on the agenda today. At this time, the Administration will announce which items, if any, are being withdrawn, deferred, or substituted. Thank you. Chair Hardemon: Sir, can you please state the action that you want to take first., and then what item it is that you want to take it on? Joseph Napoli (Deputy City Manager): Yes, Mr. Chairman. Good morning, Mr. Chairman, Mr. Vice Chairman, Commissioners, Madam City Attorney, and Mr. City Clerk. At this time, the Administration would like to defer and withdraw the following items: To be withdrawn, PH S; to be deferred, PH 7; no other items. Todd B. Hannon (City Clerk): My apologies, Chair. Mr. Manager, are we dejerring PH 7 to the 6128 meeting; June 28 meeting or the July --? City ofMiami Page 10 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Mr. Napoli: July, the -- Mr. Hannon: 12th? July 12 it is. Mr. Napoli: July, right. Mr. Hannon: Thank you, sir. Mr. Napoli: Not July 12; the 26th. Mr. Hannon: July -- oh, understood. Mr. Napoli: July 26. Mr. Hannon: Okay. Ms. Mendez: And Chairman? Chair Hardemon: Yes. Ms. Mendez: I just wanted to advise, on PH.4, there is going to be an amendment, changing it from 18 months to 24 months in the legislation. Chair Hardemon: Okay. Ms. Mendez: Thank you. Chair Hardemon: Are there anv other withdrawals, deferrals? Commissioner Gort: Move it. Chair Hardemon: Been properly moved -- Vice Chair Russell: Second. Chair Hardemon: -- and seconded for the deferrals, withdrawals, and the amendment for the amount of time that was noted on PH 4. Any further comments? Hearing none, all in favor; say "aye. " The Commission (Collectively): Ave. Chair Hardemon: All against? Motion carries. City ofMiami Page 11 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 CA - CONSENT AGENDA Note for the Record: For minutes referencing Item CA.], please see "End of Consent Agenda. " CA.2 The following item(s) was Adopted on the Consent Agenda 4212 RESULT: ADOPTED Department of MOVER: Ken Russell, Vice Chair Community and SECONDER: Keon Hardemon, Chair Economic AYES: Hardemon, Russell, Gort, Carollo, Reyes CA.1 RESOLUTION 4094 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Resilience and EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT Public Works ("MMOA") WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO FACILITATE THE INSTALLATION AND MAINTENANCE OF NON-STANDARD IMPROVEMENTS INCLUDING LANDSCAPE, PLANTERS, PAVERS, AND DECORATIVE LIGHTING WITHIN STATE ROAD RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF STATE ROAD ("SR") 90 (SOUTHWEST 8TH STREET) FROM SOUTHWEST 1ST AVENUE TO SOUTH MIAMI AVENUE, MIAMI, FLORIDA, AS STATED HEREIN. ENACTMENT NUMBER: R-18-0234 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.], please see "End of Consent Agenda. " CA.2 RESOLUTION 4212 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT Community and AWARD IN THE AMOUNT OF $200,000.00 (`GRANT AWARD") Economic FROM THE ROBERT WOOD JOHNSON FOUNDATION, A NEW Development and JERSEY NOT FOR PROFIT CORPORATION (`ROBERT WOOD"), Office of Grants FACILITATED THROUGH THE CENTER FOR COMMUNITY Administration INVESTMENT FOR CONNECT CAPITAL PHASE 2 COMMENCING JULY 1, 2018 FOR A PERIOD OF TWENTY-FOUR (24) MONTHS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT AWARD. ENACTMENT NUMBER: R-18-0235 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.2, please see "Public Comment Period for Regular Items, " and "End of Consent Agenda. " City ofMiami Page 12 Printed on 08122/2018 City Commission Meeting Minutes June 14, 2018 CA.3 RESOLUTION 3801 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND Attorney ON BEHALF OF CAROLYN GRAYER, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $85,100.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $85,000.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-18-0236 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.3, please see "End of Consent Agenda. " END OF CONSENT AGENDA Chair Hardemon: All right. So let's try to tackle this agenda. It's usually, when we have these short agendas, we spend our -- the most of our time, so I'm just going to put it on the record; that's what typically happens, so let's not have that happen today. So the Chair would like to entertain a motion to approve the CA (Consent Agenda), the PH (Public Heating), and the RE (Resolution) Agenda. Barnaby Min (Deputy City Attorney): And Mr. Chairman, just to confirm, PH4 should -- if it's adopted, should be modified to extend it to 24 months for compliance. RE.2, just for the record, I believe Commissioner Reyes wants to sponsor the Flagami Trolley Route. Chair Hardemon: Yeah. Commissioner Carollo: Talking about the CA? Chair Hardemon: The CA; what's left of the PH; and the -- Commissioner Carollo: PH? Chair Hardemon: --PH, and the RE Agenda. Commissioner Carollo: And the RE? City ofMiami Page 13 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Chair Hardemon: Correct. Commissioner Carollo: Give me one second. Commissioner Reyes: (UNINTELLIGIBLE). Chair Hardemon: Sure. Commissioner Reyes: Sure. My only comment: I am -- totally agree with it. But I have a little concern, Mr. Chairman, that we are giving too much -- or -- and we are -- not only in also the school system and university, and FIU (Florida International University), and all that -- on hospitality; training people for the hospitality, it's great. I think -- I'm suggesting that, also, any time that we are establishing these vocational schools that I think that they are very much needed that we look into other trades, you see. Maybe we can train the residents in other trades, you see. A plumber makes more than a teacher, you see. And we need carpenters, we need plumbers, and we need mechanics, and all of that. It's just for the -- I mean, to be considered in these trade of vocational schools, and it's a suggestion. Chair Hardemon: Thank you, sir. Commissioner Carollo: Mr. Chairman, is that PH? Is that SR (Second Reading)? Chair Hardemon: No; no SRs. Commissioner Carollo: Which one? Chair Hardemon: No SRs. CA, PH, and the RE Agenda. Commissioner Carollo: The RE Agenda (UNINTELLIGIBLE)? Chair Hardemon: Correct. Commissioner Gort: Mr. Chairman, I'd like to discuss the extensions of the trolleys. Chair Hardemon: Okay. We'll have enough time -- Commissioner Gort: It's something we really need to discuss. Vice Chair Russell: RE. 2, 3, 4. Chair Hardemon: What would you like to discuss about it, sir? We're ready. Commissioner Gort: At this time, I think we really need to realize next year; were not going to have the funds to pay for it. We have to -- were going to have to go in general funds to pay for the trolleys. And one of the things that's happening is the County's taking some of the buses away where we're providing the great service for free. I believe, and I ve been asked -- I think we should concentrate and go to the MPO (Metropolitan Planning Organization) -- or whatever the name is today, because I understand they changed the name -- and come up with a comprehensive plan to create a feeding system to transporta -- to public transportation. I mean, we want people to use public transportation, but we have to get them up -- set up a System where we can get it to them. Some oj'our trolleys' routes and the way they're picked up, I think it should be analyzed, and not only ours; we have the neighbors, cities that also have trolley car, and they should be able to be connected together, and that's all I'm suggesting. City ofMiami Page 14 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Commissioner Reyes: (UNINTELLIGIBLE). Chair Hardemon: You're recognized, Commissioner. Commissioner Reves: Yeah. Let me jump in there. I agree with you that we should work with it, but this extension, the Flagami extension of the trolley -- Commissioner Gort: I understand that. I'm going to vote for it. The problem -- Commissioner Reyes: Yeah, but I think you are right on it that we should work more with the transit system. Vice Chair Russell: I'll move all the items. Nzerie Ihekwaba (Chief of Operations/Assistant City Manager): Good morning. Chair Hardemon: Properly moved. Commissioner Carollo: Uh --Chair Hardemon: Seconded b_v the Chair. You're recognized, sir. Commissioner Carollo: Yes. Thank you, Mr. Chair. If we could pull RE.6 to take independently, afterwards? Chair Hardemon: To do what? Commissioner Carollo: If we could pull -- Chair Hardemon: Uh-huh -- Commissioner Carollo: -- to take independently from the whole group? Commissioner Gort: RE.6? Chair Hardemon: So -- Commissioner Carollo: RE. 6. Chair Hardemon: -- the mover -- Vice Chair Russell: Of course. Chair Hardemon: -- would accept the amendment, the seconder does, as well. Commissioner Carollo: For discussion. Chair Hardemon: That's fine. But just to let you know, if you want to discuss an item, you don't necessarily have to pull it. You can have the discussion amongst the item being -- Commissioner Carollo: Well, I just want to let -- Chair Hardemon: No, I'm just letting you know. Commissioner Carollo: -- you know. I appreciate it. I'd like to pull this one. City ofMiami Page 15 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Mr. Ihekwaba: Good morning, Mr. Chair. Just a matter for the record: RE.2 is for the new Flagami Route Trolley. It's being sponsored by Commissioner Manolo Reyes, as well as Mayor Francis Suarez. RE.3 is the Coconut Grove Trolley Route. It's being sponsored by Mayor Francis Suarez. And RE.4, for the modification of Brickell Trolley Route, is being sponsored by Mayor Francis Suarez. Chair Hardemon: Thank you very much. Seeing no further discussion, all in favor of the motion on the floor; say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Against? Motion carries. Now we'll -- Victoria Mendez (City Attorney): As amended. Chair Hardemon: As amended. City ofMiami Page 16 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 PH - PUBLIC HEARINGS PHA RESOLUTION 4069 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE ACCEPTANCE OF STATE HOUSING Community and INITIATIVES PARTNERSHIP ("SHIP") DISASTER FUNDS IN THE Economic TOTAL AMOUNT OF $160,822.00 FOR FISCAL YEAR 2017-2018 Development FOR THE DISASTER RELIEF STRATEGY UNDER THE CURRENT SHIP LOCAL HOUSING ASSISTANCE PLAN ("LHAP"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-18-0237 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PH.], please see "End of Consent Agenda. " PH.2 RESOLUTION 4070 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF STATE Community and HOUSING INITIATIVES PARTNERSHIP ("SHIP") FUNDS IN THE Economic TOTAL AMOUNT OF $380,166.00 FOR FISCAL YEAR 2018-2019 Development FOR THE STRATEGIES UNDER THE CURRENT SHIP LOCAL HOUSING ASSISTANCE PLAN ("LHAP"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-18-0238 MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Ken Russell, Vice Chair Keon Hardemon, Chair Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PK2, please see "End of Consent Agenda. " City ofMiami Page 17 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 PH.3 RESOLUTION 4071 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE TRANSFER OF Community and COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $203,473.00 FROM THE SMALL MULTIFAMILY Economic EMERGENCY REHABILITATION LOAN PROGRAM TO THE PARKS Development AND RECREATION DEPARTMENT FOR PARK IMPROVEMENT ACTIVITIES AT JOSE MARTI AND RIVERSIDE PARKS, AS FURTHER SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR THE COMPLETION OF SAID PARK IMPROVEMENT ACTIVITIES, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-18-0239 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PH. 3, please see "End of Consent Agenda. " City ofMiami Page 18 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 PHA RESOLUTION 4126 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Community and VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, Economic APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, Development ATTACHED AND INCORPORATED AS ATTACHMENT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTIONS 29-B(A) AND 29-B(D) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO TRANSFER WITH AUTOMATIC REVERTER PROVISIONS A CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1302 NORTHWEST 54 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, TO THE ARK OF THE CITY, INCORPORATED, A FLORIDA NOT FOR PROFIT CORPORATION, FOR JOB TRAINING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO COMPLETE THE AFOREMENTIONED TRANSACTION SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE SUCH TRANSACTIONS. ENACTMENT NUMBER: R-18-0240 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair Keon Hardemon, Chair LECONDER: YES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item PH. 4, please see "Public Comment Period for Regular Items, " and "End of Consent Agenda. " City ofMiami Page 19 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 PH.5 RESOLUTION 4234 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 "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO TRANSFER, WITH AUTOMATIC REVERTER PROVISIONS, THE CITY OF MIAMI ("CITY") OWNED PROPERTIES LOCATED AT 551 NORTHWEST 71 STREET AND 7142 AND 7148 NORTHWEST 5 COURT, MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, TO THE ARK OF THE CITY, INCORPORATED, A FLORIDA NOT FOR PROFIT CORPORATION, FOR JOB TRAINING PURPOSES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO COMPLETE THE AFOREMENTIONED TRANSACTION SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE SUCH TRANSACTIONS. N TO: Withdraw F T: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record. For minutes referencing Item PKS, please see "Order of the Day. " PH.6 RESOLUTION 4067 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "NEOS Resilience and SUBDIVISION" TENTATIVE PLAT, NO. 1851-B, A REPLAT IN THE Public Works CITY OF MIAMI ("CITY") OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT 'A" ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-18-0241 City ofMiami Page 20 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PH. 6, please see "End of Consent Agenda. " City ofMiami Page 21 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 PH.7 RESOLUTION 4239 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL Resilience and STEPS NECESSARY, INCLUDING BUT NOT LIMITED TO, Public Works NEGOTIATING AND EXECUTING AN AMENDMENT TO THE CURRENT INTERLOCAL AGREEMENT ("AGREEMENT") ) BETWEEN MIAMI-DADE COUNTY ("COUNTY") AND THE CITY OF MIAMI ("CITY"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ADDING THE BEACH EXPRESS TROLLEY ROUTE ("ROUTE") TO THE CITY'S TROLLEY SYSTEM TO PROVIDE SERVICE FROM THE BAYSIDE MARKETPLACE ALONG BISCAYNE BOULEVARD, EASTBOUND ON THE MACARTHUR CAUSEWAY, SOUTHBOUND ON ALTON ROAD TO 2ND STREET, MICHIGAN AVENUE TO 5TH STREET, AND WESTBOUND ON MACARTHUR CAUSEWAY FOR A TOTAL OF 9.67 MILES IN LENGTH AND OPERATING SEVEN (7) DAYS A WEEK FROM 4:00 PM TO MIDNIGHT, CHARGING A FARE NOT YET DETERMINED FOR THE ROUTE, WITH FUTURE MODIFICATIONS IN THE HOURS OF OPERATION, WITH AN ESTIMATED OPERATING COST OF APPROXIMATELY FOUR HUNDRED TWENTY SEVEN THOUSAND THREE HUNDRED TWELVE DOLLARS ($427,312.00) PER YEAR OF WHICH A TOTAL ESTIMATED AMOUNT OF FUNDING REQUIRED TO IMPLEMENT AND OPERATE THE ROUTE PRORATED FOR THE FIRST THREE (3) MONTHS AT APPROXIMATELY ONE HUNDRED SIXTEEN THOUSAND NINE HUNDRED DOLLARS ($116,900.00), WITH FUNDS TO BE IDENTIFIED AND APPROPRIATED BY SEPARATE RESOLUTION(S) IN FISCAL YEAR 2018-2019 TO COVER THE COST OF THE ACQUISITION OF THREE (3) NEW TROLLEYS IN THE AMOUNT OF ONE MILLION FIFTY THOUSAND DOLLARS ($1,050,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO MAKE ANY AND ALL FUTURE CHANGES TO THE ROUTE AND NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE AGREEMENT AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record: Item PK 7 was deferred to the July 26, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item PK 7, please see "Order of the Day. " END OF PUBLIC HEARINGS City ofMiami Page 22 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 SR - SECOND READING ORDINANCE SRA ORDINANCE Second Reading 4123 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED, ENTITLED "MAYOR AND CITY COMMISSION," MORE PARTICULARLY BY AMENDING SECTION 2-33, TO REGULATE THE CREATION, DURATION, REINSTATEMENT, ETC. OF PILOT PROGRAMS IN THE CITY OF MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13768 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: So one second. Okay. I'll call our attention to SR. I. Madam City Attorney, canyon read it into the record, please? The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): The sponsor is Commissioner Reyes. Chair Hardemon: Is there a motion to approve it? Commissioner Reyes: Move it. Commissioner Gort: Second Chair Hardemon: Been properly moved and seconded to approve SR. 1. All in favor of the motion -- Any discussion, first of all? Sorrv. Commissioner Reyes: No. Chair Hardemon: Alt in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. END OF SECOND READING ORDINANCE City ofMiami Page 23 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 FR - FIRST READING ORDINANCES FRA ORDINANCE First Reading 3719 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING MOVER: CHAPTER 36/SECTION 36-9 OF THE CODE OF THE CITY OF Commissioners MIAMI, FLORIDA, AS AMENDED, ENTITLED NOISE/OFF-STREET and Mayor FREIGHT AND COMMERCIAL DELIVERY HOURS PILOT PROGRAM," ESTABLISHING A CITY-WIDE PROGRAM AND ADDING ADDITIONAL HOURS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: FR. 1. Can you read it into the record, please? The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): This is sponsored by Commissioners Reyes and Cort. Chair Hardemon: 1 have a quick question on it. The -- right now, this is expanding to a citywide -- Ms. Mendez: Yes. Chair Hardemon: -- system, and I don't want to hold anything up for any other district, especially as I see it -- as a benefit to their communities, and I just haven't had the opportunity to really know the effect -- detrimental or not -- that it may have on my district, because I -- certain areas are more susceptible to the -- on the freight noise than others. So is -- I don't know if there is a way that we can tailor it to those districts instead of making it citywide. Ms. Mendez: So what I believe the Planning Department was also looking at was a couple of carve -outs that we could do between first and second reading that would look at the Central Business District of Coconut Grove, the downtown area, and possibly areas in your district., because those -- we're looking at different hours of operation for those. So between first and second reading, we'll have a little bit of time to be able to carve out those things, and then maintain it for the rest oj'the City. Commissioner Reyes: Yes. That is something that we had discussed, that there are certain areas -- for example, downtown Miami. Maybe it is -- there are businesses that they require delivery at night. There have to be some exceptions, and I think this -- we have to adapt the resolution -- or this ordinance -- to the need of certain areas, and that's what is -- we are proposing to do between the first and the second reading. Chair Hardemon: Okay. City ofMiami Page 24 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Commissioner Reyes: I mean, with the input of all the Commissioners, according to the needs of their area. Chair Hardemon: Commissioner Gort. Commissioner Gort: All right. I have a area that's industrial with this -- especially the fresh market, where people come in at 4, 5 in the morning. That would really hurt that area. So that one area has to be carved out completely. Chair Hardemon: Okay. Then I just expect then that staff will come and advise me which areas, according to their professional recommendations, as to what we should do. So is there a motion to approve the item? Vice Chair Russell: Move it with amendment. Commissioner Carollo: Well, discussion. Chair Hardemon: You're recognized. Commissioner Carollo: I'd like to tweak at least some of the hours a little more. Early morning hours, I'm seeing in some places, you could start at 6 during the week, you know,- maybe at least 7, one more hour. And then on weekends, you know, give people a break where at least they can sleep a little bit, you know, start at 8 in the morning. Also, 1 think we do need to look at that we have you areas of Miami that are different than others; that maybe in those areas, people would prefer deliveries to be made more at night than in morning. And I'm talking particularly about downtown and maybe sections of Brickell, in the commercial section; I don't know. So 1'd like to get some feedback on that from staff at the appropriate time. Chair Hardemon: Okay. Vice Chair Russell: I'll move it with amendments. Chair Hardemon: It's been properly moved and seconded with the amendments. Commissioner Reves: What's the amendment? Vice Chair Russell: To carve out in my particular case the Downtown Development Authority District, as well as the Coconut Grove Business Improvement District. Commissioner Reves: Okay. I agree with that. But that's precisely what I said -- Vice Chair Russell: Yeah. Commissioner Reves: -- that between the first and the second reading -- Vice Chair Russell: Yeah. Commissioner Reves: -- that all the concerns that Commissioner Carollo had will be taken into consideration; your concerns; and also, my concerns, also, because I -- we can increase or decrease the time, you know, the hours. Vice Chair Russell: So you'd rather not see an amendment on the first reading and - Commissioner Reyes: And what I -- City ofMiami Page 25 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Vice Chair Russell: -- can it -- with direction, it can come on second reading (UNINTELLIGIBLE) amendment? Commissioner Gort: Yeah. Commissioner Reves: Can every single Commissioner just express their concerns? And we can, instead of being a piece -- I mean, amending piecemeal, whatever, is let's have an ordinance that will take into consideration all your concerns that you will tell the -- I mean, you will let the departments know and -- Ms. Mendez: Vice Chairman, since we weren't able to map everything out -- Commissioner Reyes: That's right. Ms. Mendez: --.for this, we're just discussing all the amendments we'd like to see. We put everybody on notice, and we'll bring it back.for second, with all the proper amendments, as you wanted, as the Chairman wanted, and as -- Commissioner Reyes: Yes. Vice Chair Russell: Yes. Mr. Chairman, quick question. Chair Hardemon: Yes, sir. Vice Chair Russell: Madam City Attorney, does this affect on -street loading zones that are managed by the MPA (Miami Parking Authority), as well? Ms. Mendez: We did not address that. Vice Chair Russell: So that's -- that -- this does not cover on -street loading zones that are managed by the.IPA and marked with signage already? Commissioner Reyes: No, no. Commissioner Gort: It has to. Vice Chair Russell: So if they have signage that says different hours, this won't change that? We don't need to meet with the MPA to work on this? Ms. Mendez: Well, the MPA should be involved, because we need to codify, all that. Francisco Garcia: Very briefly, to clarify that -- Francisco Garcia, Planning Director. At present, we identified that there may be some inconsistencies between the ordinance, as drafted, and some language that is already contained in the City Code. Precisely what we intend to do between first and second reading is to reconcile those overlaps; and also, as suggested, both, calibrate the hours of operation, as prescribed in the proposed ordinance, and identify any carne -outs as appropriate. And rest assured, prior to doing so and presenting them to you on second reading, we will certainly consult with each of you, and all the departments involved. Vice Chair Russell: Thank you. Mr. Garcia: Thank you. Vice Chair Russell: So I'll withdraw my amendments. That'sfine. ine. City ofMiami Page 26 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Chair Hardemon: So the motion's on -- the motion on the floor is to approve FR. 1; that is the motion. Seeing no further discussion, all in favor of the motion, say "ave. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. FR.2 ORDINANCE First Reading 3887 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING Commissioners CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED ("CITY CODE"), ENTITLED "OFFENSES— AYES: MISCELLANEOUS," BY CREATING SECTION 37-14, ENTITLED "FALSE OR FRAUDULENT CLAIMS FOR PAYMENT OR APPROVAL," PROVIDING FOR A SHORT TITLE, PURPOSE, DEFINITIONS, CERTIFICATION OF CLAIMS, LIABILITY FOR FALSE CLAIMS, PENALTIES, CIVIL ACTIONS FOR FALSE CLAIMS, RIGHTS OF THE PARTIES IN CIVIL ACTIONS, AWARDS TO PLAINTIFFS BRINGING CIVIL ACTIONS, EXPENSES, ATTORNEY'S FEES, COSTS, EXEMPTIONS TO CIVIL ACTIONS, PROTECTION FOR PARTICIPATING EMPLOYEES, BURDEN OF PROOF AND PRESUMPTION OF FALSE CLAIM, AND INNOCENT CLAIMANT AFFIRMATIVE DEFENSES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MO TO: Pass on First Reading RE SULT: PASSED ON FIRST READING MOTION VER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: FR.2. Can you please read it into the record? The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): This was sponsored by Commissioner Gort. Chair Hardemon: Is there a motion to approve --? Commissioner Gort: Move it. Chair Hardemon: It's been properly moved. Commissioner Reyes: Move it. Commissioner Carotlo: Discussion. Chair Hardemon: Seconded by the Chair. Discussion. You're recognized. Commissioner Carollo: Madam City Attorney, how jar does this ordinance that Commissioner Gort presented goes? Can you explain a little further? Ms. Mendez: It basically is modeled after the County's ordinance, and it just gives the City certain other rights that, arguably, we have already, but this is putting City ofMiami Page 27 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 everybody on notice that if someone files certain false claims or gives us false information that we can -- we do have the ultimate right to go after. Commissioner Carollo: But it's across the board, right? Ms. Mendez: When you say, "across the board" --? Commissioner Carollo: Well, in any department, any City -- Ms. Mendez: Any City issue? Commissioner Carollo: -- question, any City issue; any City official, whether employee or elected official; that's why I'm asking. Ms. Mendez: Yes. I mean, it is just -- Commissioner Carollo: For instance --let --you know -- me go right to the point. If someone files a -- not only false, but a perjurous -- if they committed perjury under oath that we could show, and claims to -- let's say the Miami -Dade Ethics Commission -- against any City employee, including elected officials -- this would now give us the right to go after those people . for any expenses the City has had, right? Ms. Mendez: f authorized, yes. If -- yes. Commissioner Carollo: All right. Chair Hardemon: That explains -- Commissioner Carollo: Commissioner Cort -- Chair Hardemon: Explain that again now. I want to be clear about what you just said. Commissioner Carollo: I -- you -- you're having more vision these days, and, you know, I'm impressed. Ms. Mendez: So basically, this is an, ordinance that will try to deter people from knowingly causing or making the City pay false claims. So it has to do with claims; however, if the v're fi^audulent, inflated, and it causes any damages to the City, then. we would be able to civilly bring an action. It doesn't exactly describe it how you described it. Between first and second, we can definitely amend it to make that clear; that if it's anything that causes us extra monies to litigate or defend, and what have you, that we can do that. But it really has to do with claims, and then damages that we would have to incur in order to pay out certain things that were fraudulent. Commissioner Carollo: Yeah; or protect against certain. things. Ms. Mendez: It doesn't say that specifically, but we could definitely amend it. Commissioner Carollo: Okay. Well -- Chair Hardemon: And by "claim, "you're -- whenn you say "claim, "you're speaking of'-- like a lawsuit, a legal --? Ms. Mendez: Right. City ofMiami Page 28 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Chair Hardemon: I just want to be sure about that. Okay. Commissioner Carollo: The -- I think what's important is that we spell it out. If the City Attorney wants to put it in writing, that's even better. But frankly the intent of the law is even sufficient. If, before this is passed, we make clear what the intent is, that's what the law is. You go back to the intent of the bodv that passed the law. But I think by spelling it out even clearer, it's better. But I think we need to spell it out clearly that -- so that it's also not used the wrong way here, now, or any future Commissions. It's got to be clear-cut stuff that, you know, people committed perjury; they did something wrong in whatever they filed or did against any claim against the City, or any of our employees or officials. Ms. Mendez: We'll address that between first and second. Commissioner Carollo: Okay. Very good. Chair Hardemon: All right. Any further discussion? Commissioner Gort: My -- Chair Hardemon: You're recognized. Commissioner Gort: Question: My understanding, if the Administration believes that they can make some kind of claim, it will have to be approved by the Commission; am 1 correct? They have to come back to us to approve it? Commissioner Carollo: Yeah. Commissioner Gort: Okay. Commissioner Carollo: Qf course. Commissioner Gort: That's one of the reasons why -- Commissioner Carollo: Yeah. That would always have to come back -- Commissioner Gort: Right. Commissioner Carollo: -- and get approval of the Commission. Commissioner Gort: Got to come to us anyway. The final decision is here. Commissioner Carollo: Yeah. Commissioner Gort: Okay. Commissioner Carollo: What it does is it gives us now the right to move jorward under our laws. Commissioner Gort: Mm-hmm. Chair Hardemon: Seeing no further discussion, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Against? Motion carries. City ofMiami Page 29 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 FR.3 ORDINANCE First Reading 4221 AN ORDINANCE OF THE MIAMI CITY COMMISSION ABOLISHING Commissioners THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST"), BY and Mayor AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE AYES: OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ABSENT: ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY BY AMENDING SECTIONS 2-887(8) AND 2-892(4)(A)(1) TO DELETE THE TRUST FROM SAID BOARDS; FURTHER REPEALING IN ITS ENTIRETY CHAPTER 38/ARTICLE III, ENTITLED "PARKS AND RECREATION/BAYFRONT PARK MANAGEMENT TRUST"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record: For directive referencing Item FR.3, please see Item NA.3. Vice Chair Russell: Commissioner Cort, if I could pass the gavel to you, 1'd like to make a motion on FR.3 and say a few words before. This is the issue about Bayfront Park Management Trust. 1 want us to get along. I really do. 1 think there's a lot of good that we can do in the City, but you and 1 keep bumping heads; for whatever reasons, and -- Commissioner Carollo: We don't have to. Vice Chair Russell: We don't have to. And, you know, I'd like this to be a gesture on my part, because I believe it is misconstrued as -- and maybe partly, rightly construed as a push back at you after the last meeting. I do have my reasons. I came with minutes from the 1980s when you voted "No" on Bayfront Park Trust, and I was ready to, you know, really bring this as a fight to sav, "This should be managed, " but you know what? I'm going to withdraw this item, and I think we should look at it carefully, because I do think we both agree there is an issue and a balance that needs to be found with how -- you know, the funding of the park, the activities in the park, but I don't want it to be about you and I,, and I want to work together with you. And it's one of 'the reasons I deferred the other BC (Boards and Committees) item, is I want to make sure that you are -- you feel and are secure, as you are in your chairmanship, through the rest of'this season so that we can work together, and we'll find something. We're going to find a way. But I don't fully understand all the finances at Bayfront Park. Commissioner Reyes, if'you would agree, I think maybe to took at it carefully in an audit; inn the same way, we're talking about the CRA (Community Redevelopment Agency), so we all understand the numbers. We know what the shortfalls are, because in this effort -- in this initial motion. -- or bringing the item on an agenda, I had asked the City to analyze what it would cost for the City to take on the park and what would be involved, but I think, rather than that at this point, what we can start looking at is how it's managed and City ofMiami Page 30 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 what shortfalls are needed to be filled. Is -- are this number of events needed? And we're all here together. But I am moving to withdraw Item FR. 3. Commissioner Reyes: I second. Commissioner Gort: Thank you. It's been moved and second. Any further discussion? Commissioner Reyes: But discussion, yes. Now that we have this and -- Commissioner Gort: We can vote on it and discuss it afterwards. Commissioner Reyes: Huh? Commissioner Gort: We can vote on this and discuss it afterwards. Vice Chair Russell: I remember how you chaired the meeting. Commissioner Reyes: Well, okay, fine. Commissioner Gort: Okay? Commissioner Reyes: Okay, let's vote. Commissioner Gort: All in favor state it by saying, "aye. " The Commission (Collectively): Aye. Commissioner Gort: Discussion. Commissioner Reyes: Okay. Commissioner Gort: Commissioner Reyes, you're recognized. Commissioner Reyes: Okay. Thank you, sir. Thank you. I must congratulate Commissioner Russell. I think that's what should be striving for is working in harmony, although we disagree sometimes, and it's a matter of philosophy, but we have to work in harmony. And now that you mentioned the -- auditing Bayfront Park, I think that an audit is very healthy, and it will show the people of Miami that we really are committed to transparency. That's why I will not only like --you are -- One minute; I haven't finished yet, Joe. -- they are auditing -- you -- the -- your CRA. I think that Overtown/Park West Redevelopment project should be audited and all -- every one of those trustfunds -- those trust boards that they have money. Now, let's go back to Bayfront Park. And as I was getting information about the park -- And Joe, the park has a super (UNINTELLIGIBLE). I mean, you have some fund balance, right? Commissioner Carollo: Yes. Commissioner Reyes: My, question is, having the -- being the state of the City, the economic state of the City, as it is, why don't we use some of that -- I mean, at least place certain amount; that after that amount, the rest that -- of the funds that go to the park, or any, other board, that some of those funds, they revert and they go -- come towards the general fund that we can be -- cann be used by the City on salaries, projects, and all of 'that -- Commissioner Carollo: Yes. City ofMiami Page 31 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Commissioner Reyes: -- because I don't see why any, park or any of those boards should have so much funds in it and -- when we are in dire need of funds. Commissioner Carollo: Commissioner, let me say this and be very specific. Those were exactly my intentions, and particularly knowing what this year and the year after and after is going to be hitting the City. Commissioner Reyes: Yeah. Commissioner Carollo: And beyond that, as I made mention to all of you in the shade meeting -- since this got nothing to do internally, I could talk about it here. I am looking in bringing additional millions of dollars in revenue to the Bayfront Park- Trust arkTrust that includes the Museum Park; monies that I feel should go to the City, too. I brought one out, and that's a Request for Proposal that we put out -- we're working on to put out; we voted upon to go forward with at the Trust level, where I had an entity. I don't know how real they are, I don't know how solid they are, but they came with a plan that they wanted to do sort of a City place and floating docks at the slip on the Bicentennial Museum Park site, so I thought it'd be appropriate to put it out for a Request for Proposal. for the highest and best use, including marina. These people were talking about coming with at least 5 million minimum yearly, so that certainly caught my eye, and those would be funds that could flow into the City. I'm looking at one other proposal that they started with one and two, pay a very low amount, and we're up to what I think could be as much as a million dollar a year; that, again, no noise, low impact in a very small area that they're going to use. And I'm looking at many others that I'm going to he bringing forward. And 1 am a firm believer that all those monies generated above and beyond the requirement to run the parks should come to the Citv. Commissioner Reves: Thank You. Commissioner Carollo: There's no reason, whatsoever, why the Trust should keep those monies. Look, that's part of the City of Miami. You have to use every asset, and particularly, your best assets, to fill in the loose ends on the budget that we have. So I'm a firm believer in that. I met -- and this is why I brought up Mr. Godoy's name. I knew him. He lives in my district. But yesterday, I met with him and the Chairman of the Virginia Beach Trust, the old African-American beach, and he's the one that asked me --for to me name Mr. Godoy; that's why I brought him up, not knowing how many years I've been around. But I was pleasantly surprised to hear that thev've made some moves to cut the gap; that as of this last fiscal year's budget, we're only giving them ,$300,000. They should be in a position -- and I told him that I would help him with ideas -- where we shouldn't have to contribute anything. On the contrary, they could throw money back to us also, because they have a real gem there in that park also. So these are the kind of ideas that I think we should work together on. As you all know, I've only been Chairman of this Trust for five months - - or a little over five months. I have to be blunt with you. With all the work I have here, I haven't been able to get my hands around it completely. There's a lot of activities going on there. Look, I could see enough already, smell enough, to know that there's been a lot of stuff going on for many, many years since the Trust was founded, and you probably have the same people running the show from behind the scenes -- at least, that's the feeling that I have -- for all these years. I can't change something overnight; I'm going to do my best. But I will tell you this -- and this is how I feel as one member of this body: We have to make a decision on whether this is going to be a park or it's not going to be a park, and it's going to be an entertainment place, so you're going to have concerts, car races, or what have you. I shouldn't have to be the one that makes a decisionn by myself as Chairman of'that Trust. That decision should start here, and it should flow to the Trust. And at times, City ofMiami Page 32 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 I've been feeling that because of some of the events -- in particular, one event there -- there's a gun that wants to be placed to my head, and let me say this publicly. I'm not the guy that anyone's going to put a gun to my head, anyone is going to extort me or blackmail me, or intimidate me. I'm going to do what's right. And frankly, the only, reason I haven't put a motion to get somebody out of there already is because I felt that not necessarily as much as the Trust, but that the City -- because their --for our financial situation -- needed that money; for me to bring all that we could into Bayfront Park Trust so that we could divert monies back into the City, but I had to take into account several thousands of our residents also. Yeah, there they're a small part of our community, but you know what? If any of us lived there and had to go through what -- there's no doubt in my mind, because it's confirmed -- the noise level that they're going through, we'd be, you know, pretty upset also. If you live in a place that you thought, gee, you brought into the, you know, New York Park -- Central Park of Miami, and you. find out that what you have there is a complete hell; that half the time, your park is closed, the noise level is crazy, you can't even get into your own apartment to get in, and on top of that, you pay upwards of half a mill to get an apartment there. Commissioner Reyes: Half a mill (UNINTELLIGIBLE). Chair Hardemon: Mav I interject one second? Commissioner Carollo: Yeah. Chair Hardemon: 1 used to be a downtown resident. Commissioner Carollo: Oh, yeah? Chair Hardemon: 1 lived in the Biscayne Building, so -- which is part of the reason I had the comment that 1 had when the Ultra conversation came up before. So I moved to downtown to be around the hustle and bustle, to be around the music. I could hear the music from Bayside, the street parking. 1 deal with all of those different things. And I've heard someone say -- let me just -- I'll just stop while I'm ahead, but --so I'm probably the only person -- Commissioner Carollo: No, no, no. Look -- Chair Hardemon: -- that actually has lived downtown. Commissioner Reyes: Mr. Chair, can. I cut back to my question? You see, because sometimes we get sidetrack, you see. But my question is this: Why we had busts just at Bayfront Park, and all the trusts and all the boards, that they have monies that -- and they keep those monies in excess of what it is the operational costs -- Chair Hardemon: I mean, that's -- I could -- Commissioner Reyes: -- and they have it in -- I mean, like -- Chair Hardemon: That's a good question. Commissioner Reyes: -- reserve? And why don't we revert those funds to the general fund? And how can we start that? Chair Hardemon: That's a good question, I think. And Commissioner Carollo was talking about that, really, in his response. Commissioner Reyes: Yeah, but -- City ofMiami Page 33 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: Look -- Commissioner Reyes: -- I'm talking about that for us to develop -- Chair Hardemon: Right. Commissioner Reyes: -- the mechanism, you see, or the legislation that we, in the City of Miami -- I mean, the general fund is -- I mean, there's contribution from those boards or trusts and all that to the general fund. Commissioner Carollo: One other thing -- Commissioner Gort: Mr. Chairman. Commissioner Carollo: -- that we should look at -- and I'm not saying right now -- Commissioner Gort: Whenever. Commissioner Carollo: -- we need to look at in the near future: All the trusts that we have and all the outside agencies, we should look away -- at a way that we could save monies, real monies, and try to have less employees in all of them. Commissioner Reyes: Yeah. Commissioner Carollo: Maybe share executive directors, different financial people, where you end up saving real money at the end of the year, but that's one man's opinion anyway. Chair Hardemon: I'm going to recognize Commissioner Gort. Commissioner Reyes: (UNINTELLIGIBLE). No, no. Chair Hardemon: Commissioner Gort. Commissioner Reves: Just about to make a comment. That's not (UNINTELLIGIBLE) opinion. Let's start doing it. Chair Hardemon: Commissioner Gort, you have the floor. Commissioner Gort First of all, Commissioner Russell, I want to thank you. I think that was a good move on your part to do that and take it away. And I was going to tell you, I was not going to vote for it, because the reason is, I think we believe a lot of infbrmation. So all this discussion is very importantfor all of'us, because there's a lot of things -- sometimes we get too -- into one issue and we don't open our minds to other things that can happen. So I want to thank you fbr taking those steps, as I already said, from your side. Now, the reason I was not going to vote for it is because I needed information of the economic impact that we take. I mean, I think all of us in all our neighborhood have event. I have one that's called the `Iron Man, " which I received a lot of complaints in that weekend when that takes place throughout my, neighborhood and so on, but I understand, and I explain it to the individual the benefit to the City that Iron Man does and the amount of people it brings. The one thing I would like to do also is, I think we can sit down with the promoters, whoever they are, and require certain things from them, if we decide to go that way. But the feedback that I get from a lot of the people in downtown Miami, I know some of the residents, they feel pretty bad about it, but a lot of the residents, they rent the whole space for $6, 000 for that weekend. Also, at the same time, if you City ofMiami Page 34 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 talk to the merchants in the area, you'd be amazed how many of them benefit from this event taking place; that, yes, we need to take control and make sure those people are not affected the way they should. I think we can do that. And how much time you need to set up, we can do that. We've done that in the past. And I think that's what we've got to look at it. But I really thank you for taking that step, because that's the smart thing to do. We can discuss it by ourself [sic], and we always got to make the decision which is bestfor the City ofMiami. Vice Chair Russell: We'll get it together. Chair Hardemon: I have a quick question. Commissioner Carollo -- Commissioner Carollo: Yes. Chair Hardemon: -- I mean, you can or cannot elaborate, if you choose not to. Commissioner Carollo: Sure. Chair Hardemon: But since we're talking about Bayfront Park -- Commissioner Carollo: Yes. Chair Hardemon: -- and I mentioned Ultra, are we still having talks -- or what's going on with the --1 know they're supposed to be trying to plan in the future. Commissioner Carollo: Let me give you an update. Chair Hardemon: Brief. Yeah, brief. Commissioner Carollo: The last meeting that we had with them, they had agreed to $2 million. There were two areas that I'm going to explain now that were left open, and 1 haven't gotten back to them, because I didn't know what this Commission wanted to do, so I figured, what's the sense in me spending more time in that if this is -- Commission wanted to take a different direction? But the two areas that are open, so you know -- let's put it out in the open, because I really want this bodv to approve it before anything goes back. I know it's the opposite way around, but I think that the buck stops here, so this body needs to approve it, and I'm going to try to do it that way, if you all allowed me, before it goes back down to the Trust. Regardless, as you well know, if it's anything that's five years -- or should I say, over one year -- you have to approve it. Why Ultra wasn't approved at the last five-year go round? I don't know. I wasn't here. I found out at the tail end, you know, but that's what it was. Here are the two items that we have out there that are open. They agreed to the 2 million, but here's the caveat: that the bulk of'the money -- if I remember the top of my head -- that they're going to be paving in addition, it's going to be additional monies that ticket buyers are going to pay. I think about 1.2 million or more. Thev didn't want to go with an across amount, because they felt that that would hurt some of their real low -- should I say, "lower tickets" that they have, because they don't have real low. So they wanted to structure in a diff" rent way, which, you know, I was fine with it; the Trust executives, they were fine with it. However, they were the only ones that were privy to the information from this last year of how many tickets in those brackets they sold. So when they came to an amount that was coming from the ticket buyers, you know, I'm going on trust. And, you know, I've learned enough in Miami that, and particularly, anything in Bayfront Park, you don't go on trust, because you're going to go down in quicksand. So that one is one that's left out there. They have to show me, prove to me that those numbers are real, and I really would like to see a guarantee from them. They're the ones that are telling me, "This is it. " Okay, then guarantee me. If you're offering City ofMiami Page 35 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 your numbers that you gave me, then you should be able to guarantee them. And that's one. The other one that they -- I'm not sure if the owners were against it as much as the attorney that they had. It's clear to me that the residents are looking to sue because of the noise levels. This last time around, they hired a company that was taking across, you know, the 24 hours for three days, all the decibel readings that they needed to. It was high, and I know, because I went there on Sunday. We measured with some gadget that one of my assistants had and -- Chair Hardemon: Said you had a costume on, too. Commissioner Carollo: Excuse me? Chair Hardemon: They said you had a costume on, like a Ultra costume. Commissioner Carollo: I assure you, I did not. I assure you, I did not. But see, I could take a joke. We should all take a joke. But the -- so I asked them to idemnify not only the public trust and its officers, but the City of Miami Commission and its officers, and the City of Miami, from any lawsuit, because what good is it going to its if we charge them $2 million and we end up spending $2 million or a million dollars or more in defending a lawsuit? They're the ones that make all the money. They're the ones who want to be there. They're the ones that have hired every lobbyist around that I know of, and they should be one that defend us if there are any lawsuits that arise out of whatever reason. So those are the last two outstanding issues that could be resolved real quickly. Then the other stuff are the minute things that, you know, you normally put in a contract, but those are the two big issues that are left. Commissioner Gort Mr. Chairman. Chair Hardemon: Yes. Commissioner Gort: I believe I was the only person that was here when Ultra was discussed. Mr. Chairman, I don't thinkyou were here at that time -- Chair Hardemon: When the Ultra -- Commissioner Gort: -- when we discussed the Ultra; the one time they wanted two weekends instead of one weekend, that allow it as a pilot program. Then we says, "No second weekend; only one weekend. " My understanding, we had a presentation here where we had individuals in opposition, but we had a lot of people in favor of it, like the Greater Miami Convention. and Visitors' Bureau, the property and hotel owners, and all the -- a lot of the merchants in the area. That's why I said, we got to look at it, but I think at the same time, because of those meetings that we had with them here at the Commission level, we were able to reduce a lot of the things they were doing before. We also requested a lot more policemen and safety measures, which they had to pav for it. So that decision --just because you asked -- you don't know who made that decision -- we did, the Commission that was sitting here at that time -- Commissioner Carollo: Now -- Commissioner Gort: -- after public hearings. Commissioner Carollo: -- Chairman, ij'this Commission would help me and instruct the Administration to work with me on something that I could bring back to you, I could, I believe, bring something to -- back to you, maybe even as early as the next meeting that could bring between 2 and $3 millionn a year, and it'll be ready to roll, I City ofMiami Page 36 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 think, for the next fiscal budget right in Bayfront Park; no noise, very low impact, and a lot ofpeople are going to like it, so. Commissioner Gort: By the way, I already put my staff to start looking for -- Commissioner Carollo: Yeah. Well -- Commissioner Gort: -- reoccurring revenues also. Commissioner Carollo: Thank you. Commissioner Gort: I think each one of its can do that. Commissioner Carollo: Yeah. Well, I asked that, I know, in the shade meeting. So Joe, I, you know, think I kind of touched upon it with you, without really getting into specifics, but look, there's a lot of dollars that we could bring into this City if, you know, we put our businessmen's hat on and, you know, act accordingly, because we're going to be facing some drastic times. And I prefer to bring new revenue than having to sit down with staff and asking.for 2 percent cuts across the board, or maybe even a little more, in some cases. FR.4 ORDINANCE First Reading 4290 AN ORDINANCE OF THE MIAMI CITY COMMISSION DELETING CHAPTER 2, ARTICLE X, SECTION 2-830 OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED and Mayor "ALTERNATE CODE ENFORCEMENT SYSTEM CREATED"; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Gort, Carollo, Reyes NAYS: Russell Vice Chair Russell: FR.4. Commissioner Carollo: Okay, FR.4. Before I get into FR.4, I need to place something on the record. Madam City Attorney, can you state for the record the approximate time that I first went to you so you could start looking at languages; that I told you what I wanted to do on this ordinance? Victoria Mendez (City Attorney): Yes, I can, and I had it. It was about a month ago, but I'll tell you exactly, if you give me one second. Commissioner Carollo: Okay. Well, bring it back in -- well, we'll get -- if it's one second -- Ms. Mendez: Just a minute, a minute. Commissioner Carollo: Okay. City ofMiami Page 37 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Ms. Mendez: But I have it -- I had it here, and then it erased, but one moment; I'll tell you the exact date. It's about three weeks ago. Commissioner Carollo: Okay. Ma'am, whom are you representing if I may ask? Tyesha Scott: I'm the court reporter that (UNINTELLIGIBLE). Commissioner Carollo: For who? Can you go up there and identify yourself and --? Ms. Scott: My name is Tyesha Scott. I work -for Honorable Reporting. I'm the court reporter, and I was sent here -- ordered by -- can't think of his name -- Rauif (phonetic). Commissioner Carollo: Who? Ms. Scott: I don't know if he's an attorney or he's a client that has ordered a reporter to be here to take down the agenda items that were addressed just recently. Commissioner Carollo: Okay. And which items were those? Ms. Scott: F3 [sic], FS [sic], and PZ.6. Commissioner Carollo: Okay. And what name did you remember that -- who hired you? Mr. Scott: Rauif (phonetic), but I have to -- Commissioner Carollo: Riley (phonetic). Okay. Ms. Scott: Yes. Commissioner Carollo: All right. Very good. Just want to get it on the record. Ms. Scott: Okay. Commissioner Carollo: Thank you. You were saying, Madam City Attorney? Ms. Mendez: It was about three weeks ago, but I'll give you the exact date in one second, because, of course, technologv doesn't work when I'm searching for it. Commissioner Carollo: All right. Well, while you're looking at that, if,[ may, Mr. Vice Chair, if I could ask the Chairman of the Code Enforcement Board that's here, Chuck McEwan, if he'd come up, because I'm going to ask him the same question. Charles McEwan: How are you -- Commissioner Carollo: Hi, Chuck. Mr. McEwan: -- Commissioners? Chuck McEwan. Commissioner Carollo: Chuck, approximately, how long ago do you remember that we spoke -- Mr. McEwan: Right there. City ofMiami Page 38 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: -- when you were finishing a Code Enforcement meeting I think -- Mr. McEwan: Right. Commissioner Carollo: -- or beginning it, one or the other. Mr. McEvvan: No, it was the end. Commissioner Carollo: It was the end? Mr. McEwan: It was the end. It was late in the evening. Commissioner Carollo: And I spoke to you about how you would feel if we would bring all of Code to your board. Do you remember approximately, more or less? Mr. McEwan: About a month ago, maybe more. Commissioner Carollo: Okay. All right. So I have that on record. Thankyou. Mr. McEwan: Yes, sir. Commissioner Carollo: 1 -- this wasn't something that was just few days ago or anything like that. I had been looking at this, actually, even before that, and I approached Mr. McEwan, 1 approached the City Attorney; in his case, it was more than a month ago; in her case, might be three or four weeks that 1 approached her, whatever date she has. Attorneys are good at keeping dates, so I'll trust her calendar much more than mine. This is an ordinance change that I think is appropriate, and I'm going to explain to you why. The question from some in staff is, "Can the Code Enforcement Board handle this?" The Chairman is here, and he could address that question, and how many meetings they're having already, and why it could be handled. But if we're going to talk about full transparency and being above board, this is what's going to do it. What I'm seeing is that we have a Code Enforcement Board, but then we created separate magistrates that thev rotate. I don't know -- and I'm going to ask questions here -- how different Code enforcement problems end up before a magistrate versus Code Enforcement, but there's no doubt in my mind that there are some that are playing the system; thev're going to one versus the other; because beyond many other reasons, you have a rotation so no magistrate knows the history of any individual project, corporation, or overall history, if they have many properties with problems. But a Code Enforcement Board is going to be same people and they're going to remember what is happening. I didn't even know that we had this magistrate thing until approximately two months ago to find out when they're meeting, how they're meeting, who's going to show up. It's not as simple as finding out how Code does it. You got to go through a lot of hoops to find out where in our website it's hidden. I don't know if we keep statistics and what goes on there, like we do with Code Enforcement. The Chairman seems to think differently, but I really don't know. But I do know that we need to have a level playing field for everybody in this City. We need to have the people that we trust, that this Commission -- individual members of the Commission placed in that Code Enforcement Board that keeps a history and have the knowledge to handle our Code enforcement. The only question that I've heard from, staff is, "Well, can they do it or not? " And I think you're going to hear that from, the Chairman of the board himself,' why he feels they certainly could do it. And in fact, I don't even know if'-- when the changes were made if anybody ever asked the Code Enforcement Chairman if'it was needed or not. I think it's something that came more from staff 'in how it was done. City ofMiami Page 39 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Commissioner Reyes: Just a simple question. Could you please explain what this -- the board, you know, I mean, the -- Ms. Mendez: What the legislation does? Commissioner Reyes: No, no, no, no, no, no. We're trying to eliminate the -- what you would call it? Commissioner Carollo: The magistrate. Ms. Mendez: The special master. Commissioner Reyes: The special magistrate. What are the powers -- excuse my ignorance, but I just want to clarify what are the powers and what makes them different than if you go to a board, which is the ones that -- they are the ones that we pick to represent us? How much power do they have over them? Ms. Mendez: So it's a very good question. What it is, is pursuant to Florida Statute 162, you can have two processes. You can have a Code Enforcement Board, made up of members of the community, or you can have -- Commissioner Reyes: A magistrate. Ms. Mendez: -- an alternate process, which is called, "The Special Master Process. " So they have the same exact powers, but you go to one or the other, depending on the calendaring system for that month. Commissioner Carollo: But who chooses who goes where? Ms. Mendez: Usually, if I remember correctly -- and staff can jump in whenever they want -- but there's a CityView system that has all the different calendars, and the inspectors pick where thev -- they're able to submit, based on the availability of the cases; if it goes (UNINTELLIGIBLE). Commissioner Reyes: I think the question is, "Who chooses who is going to go either to the regular board or to the magistrate?" Chair Hardemon: And before you answer -- I'm going to allow you to answer, and then I want to get Commissioner Gort's question on the record, please. Ms. Mendez: It's usually the inspector that picks the dates; that it's submitted based on the availability of the dates that are open but Hearing Boards can double check that if I -- Commissioner Gort: What I would like to do is ask the Administration -- because this was presented to the former Commissioners stated in here, and they're the one that made the decision. When was that brought to the Administration? And there was a reason that you all wanted to use this same system. So I'd like to hear from you all again, why we did that. When was the first time? Commissioner Reyes: That's right Good question. Ms. Mendez: This was done in about 2004, 2005, approximately. Commissioner Gort: I wasn't here, but okay. Ms. Mendez: And it was created by an ordinance. City ofMiami Page 40 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Commissioner Gort: But I think it's important to explain why and how and what are the benefits and so on, because I'm telling you, I will vote for it on the first reading butt was going to ask the same question. I want the information: What does it cost? What does it benefit? And how does it work? Commissioner Reyes: And I agree with you. Francisco Garcia: Francisco Garcia, Planning Director. And our function --just for the benefit of the Commission, as the Office of Hearing Board is actually within the Planning Department, our function is to support the efforts of both the Code Enforcement Board and the special masters. And the one additional item that I wanted to present to you is that although the caseload is roughly proportionate in terms of the number of cases that the Code Enforcement Board handles versus number of cases that all of the special masters together handle, the additional difference is that the special masters' hearings are held during the daytime; the Code Enforcement Board hearings are usually held after hours. And so, on occasion, if someone who's appearing before one or the other system requests that it be done during the daytime or during the nighttime to accommodate their respective schedules, then that is also.factored into the process. As -- above and beyond that, all of the other rates, comparing apples to apples of effectiveness, are roughly proportionate. Commissioner Reyes: Question. I do understand the Code Enforcement Board; I was part of it, but we have to learn the Code, you see. We have to go over and study and analyze the Code, 1 mean, to know -- determine if there is a violation. The magistrate, are they proficient in the Code? I mean, do they have to be trained? Mr. Garcia: Absolutely, that is the case. They are attorneys and they are expected, and we ensure that they do learn the Code and the appropriate regulations, yes, sir. Commissioner Carollo: Well -- but that's not answering the question to the Commissioner. Just because they're attorneys -- Commissioner Reyes: No -- Commissioner Carollo: -- doesn't mean they know the Code. Commissioner Reyes: -- doesn't mean that they know. Commissioner Carollo: You expect them to, you said. Commissioner Reves: That's right. Commissioner Carollo: Have they taken any courses -- Commissioner Reves: Yeah. Commissioner Carollo: -- specifically on that? Commissioner Reyes: Any training. Mr. Garcia: The preparation is the same for both systems. Commissioner Carollo: In other words, they have not. Okay. Well, Francisco just answer it straight. I mean, you're -- you keep dancing today -- unusual to you -- City ofMiami Page 41 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Mr. Garcia: I'm -- Commissioner Carollo: -- around questions. Mr. Garcia: No. I'm trying as best I can to put forth information that you can consider. And the training process is the same for both Code Enforcement Board members and special magistrates. Commissioner Carollo: Which is what? Mr. Garcia: Which is, the Code is made available to them, we're here to answer any questions, and beyond that, they're left to their own questions. Commissioner Carollo: So there's no of classes or -- Mr. Garcia: No. Commissioner Carollo: -- anything? Ms. Mendez: Well, we've -- Commissioner Gort: For neither one. Ms. Mendez: They're not intense training classes, but we've given them the yearly public records, Code; we've trained them on the tree ordinance, the -- they receive -- but its not an extensive training. Mr. Garcia: Sir, in direct answer to your question, nothing that would qualify as a specific curriculum for purposes of learning the Code, no. Commissioner Carollo: Well, it was Commissioner Reyes' question. Chair Hardemon: 1 have a question for you. For the special -- they're masters or mas -- they're master -- special masters or special magistrates? Ms. Mendez: We call it the special master system, but it could be interchangeable. Chair Hardemon: Okay, so the special masters. The hearings, are they recorded? Mr. Garcia: I am being told that they are. Ms. Mendez: They're recorded, but thev're not televised. Mr. Garcia: Recorded,- not televised. Ms. Mendez: Recorded but not televised. Mr. Garcia: Whereas, the Code Enforcement Board is televised. Chair Hardemon: Do we know, roughly, how many of those hearings are being done by masters versus the Code Enforcement Board? Mr. Garcia: Yes, sir. We've assembled that information. I believe it's been transmitted. I have it handy here as well. And the caseload -- and I'm going to give you figures on a lump sum basis -- for the year 2017, the special masters in the aggregate handled 652 cases; in the same year, same period of time, the Code City ofMiami Page 42 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Enforcement Board handled 879 cases, so 652 to 879 is the difference; Code Enforcement Board being 879. Commissioner Reyes: You have a cost of --? Mr. Garcia: We do, sir; and that is a slightly different issue, and I'll do the best to answer factually and comparatively, because it's a fair question. The grand total cost for the special master process -- again, all lumped in -- Commissioner Carollo: Yeah. Mr. Garcia: -- is $18,363. Commissioner Carollo: IfI can -- Mr. Garcia: Sure. Commissioner Carollo: -- interrupt.for a second, Chairman, because I want this Commission to get the real numbers. The total lump sum that he's giving you is not going to be accurate . for the question you're asking the answers you all want to hear, because that includes translators and other stuff that whether you have Code Enforcement or whether you have magistrate, it's going to be the same. The only number that we should be getting is, what are they being paid? You know, that's the difference. The other --Code Enforcement Board is not paid. Chair Hardemon: Right. What are the masters being paid? Commissioner Carollo: They're being paid. What's the total amount for last fiscal year? Mr. Garcia: Certainly. The special masters lump sum --and I can break it down by special master -- is $4,690. Chair Hardemon: Each? Mr. Garcia: For the entire year, for the entire program. Commissioner Carollo: Yeah. Commissioner Reyes: Okay. Chair Hardemon: So what's the benefit of a special master? Typically, these are -- I mean, these are professionals, I'm assuming. They're not volunteering their time. Mr. Garcia: That's correct. Chair Hardemon: The-v're being paid.for their time, right? So what sort of'rate is, I'm assuming, an attorney -- Mr. Garcia: Yes. Chair Hardemon: -- being paid to sit as a special master? Ms. Mendez: The attorneys? Chair Hardemon: The special master. I'm assuming the special master is an attorney. City ofMiami Page 43 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Ms. Mendez: Yes, correct. Chair Hardemon: Right. That's why you would substitute them for -- say that -- the general -- Ms. Mendez: Right. Chair Hardemon: --body. Commissioner Gort: Not all of them are attorneys. Chair Hardemon: But what rate are they being paid? Are they being paid per case? Are they being paid for their hourly rates? Mr. Garcia: Per -- on an hourly basis, yes, sir. Chair Hardemon: On an hourly basis. So help me understand what is the incentive for a special master -- or someone who's an attorney to become a special master, the financial benefit. Commissioner Reyes: There's none. Mr. Garcia: It is an additional source of revenue is the only objective way 1 can answer. Chair Hardemon: Oh, yeah. But you're saying that, individually, they're not making much? Mr. Garcia: A great amount of money, no, sir. Commissioner Carollo: What do they get an hour? Chair Hardemon: I think it's the prestige. Commissioner Carollo: What is the hourly rate? Chair Hardemon: It may be the -- Yeah. Mr. Garcia: I don't have that figure. $100 per hour, I assume? Unidentified Speaker: Per hour. Mr. Garcia: SI00 per hour. Chair Hardemon: And what -- how long does a typical session, if you will, go? And I'm assuming -- I'm saying "session, " meaning a number of dafprent people are coming before that maj -- that master on that day. Mr. Garcia: Correct. And what I can offer is that the number of cases on any given session by any, given special master is in the neighborhood of 20 to 30 cases. Chair Hardemon: Okay. And do we not know how long that typically, takes? How much per session someone is typically paid? Mr. Garcia: Yes. City ofMiami Page 44 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: Well -- Chair Hardemon: And then how many sessions they would be having? Mr. Garcia: I do. On a month -- yes. Commissioner Carollo: Chair, ifI can interject while he's getting information? Chair Hardemon: Because it may be that they --the prestige. I know there are some people who want to be judges. Commissioner Carollo: No, no, no. Well, I understand that, but I think this is important.for me to put it out. In last fiscal year, based on the monies that he says they all made -- I think there's three of them -- $100 an hour -- they put in 46.9 hours; not even 47 hours. Chair Hardemon: Wait. There's only three masters? Commissioner Carollo: Yeah, three. So, if they're going to tell me that Code Enforcement can't handle another 47 hours a year, what do we need these people .for? Chair Hardemon: Well, Code -- I know Code -- well, you -- are you the Chairman of the Code Enforcement Board? Frank Pichel: No, no. He is. Chair Hardemon: Oh, that gentleman is. Charles McEwan: Please, I'll yield to him. Chair Hardemon: Right. Commissioner Reyes: If I may ask a question, because I think this has some variance -- I mean, some -- in my mind, it is important. Let me ask you this. Mr. Pichel: Yes, sir. Commissioner Reyes: When you --I mean, there is a fine that it is placed -- Mr. Pichel: That goes with the case, yeah. Commissioner Reyes: -- on a violator, a person that is violating; and then that person owes, let's say, $50, 000, okay? They go to the special master and then to the magistrate, and they can lower thatfine? Mr. Pichel: Yeah. So can we. Commissioner Reyes: So -- I mean, have you noticed who is more lenient with --? Mr. Pichel: I don't know. I don't know. Commissioner Reyes: No, just -- (UNINTELLIGIBLE). Mr. Pichel: No. I know what you're asking, but we have -- I tried -- doing the totals for our board the last year or two was the last time I remember asking the question. City ofMiami Page 45 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 I couldn't get an answer of how much that the masters were mitigating, what the amount -- the total amount of mitigation. Commissioner Reyes: You see, I mean, that's -- I want to know -- I mean -- Mr. Pichel: Ours is out there. Commissioner Reyes: -- comparing, you see, the mitigation from one to the other, and who is easier at mitigation? Commissioner Carollo: You hit the nail on the head. Commissioner Reyes: Okay. Mr. Pichel: That might be the question, but I don't have the answer for that. Commissioner Reyes: I would love to know that. Mr. Pichel: I don't come to their meetings, but I -- Chair Hardemon: You may or may not remember this from the top of your head, okay? You may or may not. The Vaknin properties -- I'll just put it that way, the Vaknin properties -- they were -- it was published in the paper that the Vaknin properties, their fines were reduced. Charles McEwan: That's the one up on 62nd Street, right? Chair Hardemon: Right. Mr. McEvvan: Okay. Chair Hardemon: They own those different --that parcel and some other properties. Mr. McEwan: I've been here too long. Chair Hardemon: Yes, yes, yes, yes. Who reduced those properties? Who reduced the fines on those properties? Was it the board or --? Mr. McEwan: (UNINTELLIGIBLE). The board. Chair Hardemon: It was the board? Mr. McEwan: Yeah. Ms. Mendez: And Mr. Chairman, I don't remember what the status is on those cases, if we've totally completed the litigation. Chair Hardemon: No, no, no, no. I just want to know -- Commissioner Gort: (UNINTELLIGIBLE). Chair Hardemon: Okay, I got it, I got it. I just want to know who reduced the fines onn it, because they had a tremendous amount of dollars in fines that was reduced and -- Mr. Pichel: And they're still there. Those fines are still out there. They have not been reduced. City ofMiami Page 46 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Chair Hardemon: But I read in the paper that they were reduced. Mr. Pichel: No, no. Chair Hardemon: They told a story on you, as my grandma would like to say? Mr. McEvvan: You and the rest of your Commissioners and us, City residents, own that place, pretty much, okay? The last time I remember -- he just reminded me -- it's like a half million dollars. Okay? Chair Hardemon: I know they have a lot of d fferent properties, so. Mr. McEwan: And we have a property right here; you can walk to it, right here on Bayshore, right across from the park, okay? That had a fine of $4 million. Ms. Mendez: Right. Chairman McEwan -- Chair Hardemon: Okay, okay. Ms. Mendez: -- then let's not talk about -- Chair Hardemon: 171 stop, 171 stop. Mr. McEwan: Well, but that -- Ms. Mendez: -- that case. Chair Hardemon: Okay, 171 stop, I'll stop, I'll stop. I just wanted -- I just -- Commissioner Carollo: Can I ask him one question, since he's up here? Mr. McEwan: Yes, sir. Chair Hardemon: Well, can you ask the young lady with her arms folded, upset with us; maybe she can answer it; Commissioner Carollo: Well, but before she comes in, Chuck -- Mr. McEwan: Okay. Commissioner Carollo: -- can your board handle 46.9 additional hours a year in Code enforcement? Mr. McEwan: Sir, we used to handle all these cases. The all came to us. Sometimes we were here late, I'll admit that, without a doubt. And when we lost our sandwiches that we used to get, then with budget cuts, but -- Commissioner Gort: But that's a lot cheaper than 4, 000. Mr. McEwan: No, but seriously -- Commissioner Carollo: You were one of the original that worked for food, right? Mr. McEwan: Yeah, that was it. We were the original sign; we worked for food. But no, we can. It's -- I don't have a dog in this fight, but whatever way you all decide you want to do this, it's fine; we can do it. That's all I can tell you. City ofMiami Page 47 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: That's what I want to know. You're part of the Code Enforcement Board also? Mr. Pichel: Yes, Commissioner. Commissioner Carollo: What position do you have there, just a member or --? Mr. Pichel: I serve at your pleasure. Commissioner Carollo: Okay. Well, I don't know if you're a Vice Chairman or -- Mr. Pichel: No. I'm just aboard member. Commissioner Carollo: Do you feel that your board could handle the additional time, especially so little time that I've been told, 46.9 additional hours a week? Mr. Pichel: Absolutely, without hesitation. But I want to make a comment to what you said, Honorable Commissioner. (UNINTELLIGIBLE). I'll give you an example. Yesterday we had a property, had an open swimming pool, open house; we warned the hank a year prior -- this is during the Zika scare, okay? -- and they had a half - built swimming pool that was rotted, and open house. They took possession of the house. Seven months later is when they close up the house and the swimming pool, and we gave them a $20, 000 fine, to the bank. But that's what knowledge brings to the hoard. Commissioner Carollo: Yeah. Mr. Pichel: And 1 appreciate you bringing that up. Commissioner Carollo: Okay. Thank you. Mr. Pichel: Thank You. Chair Hardemon: Brenda, the Chairman says you're next. Brenda Betancourt: Thank you. Brenda Betancourt, 1436 Southwest 6th Street. I told hien I couldn't speak in the morning, so he -- you know, I have to lis -- in the afternoon, I have to -- Code Enforcement -- Chair Hardemon: Just put on the record that she threatened me, so she can have -- Ms. Betancourt: Yes, sir. Chair Hardemon: -- two minutes to speak. Ms. Betancourt: I thought I was going to -- give me a candy. The Code Enforcement Board sometimes have their hands tied. I am not a more -- a member anymore. I was there for two years, and I can mention this: Some developers/owner prefer the master because we, as a board -- not "we" -- but they, as a board, are not going to take any chances. They going to apply what you need to pay. They're going to fine for it, and they're going to make sure you are doing the right thing. People go to the master, and they prefer. They do whatever it takes to go there. Commissioner Carollo: And -- City ofMiami Page 48 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Ms. Betancourt: And sometimes they complain, because we give them a fine of 3,750, so guess what? Sometimes it's a mistake of any other departments, you know, that they are not in the same link, and they don't understand what is -- one is approved and the other one didn't. But the Code Enforcement Board is seven regular residents; that you are not -- as an attorney, as a developer, as a whatever you call it, you're not going to intimidate the seven of them to approve you what you need, but the magistrate, a lot of people know these people, and we have hear many stories. Or they go, "Zero. " They own 5 million, 10 million. Zero. And then, who pays? The neighbors who has to -- be with a house or a building destroying, with the noise, and who pays the price? They don't pay the price. So to me, it's really important for the board to have the power that they should have. And they've been bullied, because if they go register the magistrate, if they full schedule is done, then the Code Board --the Code Enforcement Board gets the cases. Thankyou. Chair Hardemon: Thankyou very much. Commissioner Carollo: Thankyou, Brenda. Chair Hardemon: Sir, do you have something you want to add to the conversation? James Bernat: Yeah. I just want to add something, Commissioners. Hay I? Chair Hardemon: Yes, you may, if that is your right. I mean, ],just want to make sure that the name that is on your shirt is, in fact, who you are. There's been some cases where its not been the same. Mr. Bernat: It is. Thankyou. Chair Hardemon: Thank you very much. Mr. Bernat: 1 just wanted something for you all to consider. By just having the board hear the cases that will be that the board is at night, and that means our inspectors -- all our inspectors would either have to come after hours, and then we need to pay them comp or overtime to attend the hearings. There's an average of. about 40 or 50 cases each session, and I believe there's two sessions a month, so you could do the math. So it would put a cost on our office either through comp or overtime, because thev are required to attend those hearings once they go forth with the case. Chair Hardemon: So your testimony that it's a cost -savings by having the special master? Mr. Bernat: No, it'd be more cost -- yes, it is -- yes, it would be, because they go during regular working hours. Commissioner Carollo: Not so, and let me say why. If you only have 46.9 hours that you need inspectors, we actually will still make money, because we won't have to pay a hundred bucks an hour to any inspector. Maybe Bernard [sic] we got to pay ,100 an hour, but not to any inspector that we have there. They're not that high in the totem, pole on salaries. So what Brenda said, you know, she hit the nail right on the head. I mean, I didn't know she was a prior member of the Code Enforcement Board. I -- What's going on here is -- and, you know, frankly, there should be some people in their staff that should be with red,aces, the same type of loyalty that is being shown to the City with some of the shenanigans that were in Flagstone, and we're in the hole that were in because some of our ownn people were playing games against its own city, and I'll say that on the record. But, you know, isn't anybody surprised why, all of a sudden, their staff members are all coming and fighting to City ofMiami Page 49 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 keep the magistrates? They were telling my staff to talk to me and others that, "Hey, you know, it's so much time; the Code Enforcement Board can't handle it. " And now I find out that it's only 46.9 hours that they put in last fiscal year. Who are we kidding here? I'm going to tell you what's going on. I don't care, you know, who says what. You got certain attorneys that represent numerous clients, getting special treatments. They're being placed with the magistrates instead of going to the Code Enforcement Board, because they know there, they're going to get special treatment and they're going to come out winning. No matter what their client might owe or what their client have done, they're going to get a little slap on the hand And they go to the Code Enforcement Board, there's a history there. It's in video. They keep statistics. Its a different ballgame. So this is not right for the residents of Miami. It's not right for the City. If we're going to have transparency, let's have real transparency, and have a level playing. field for all residents, not just those that can afford an expensive attorney. And now I understand why there are people out there that don't care how many fines they get -- if it's hundreds of thousands, if it's over a million -- because at the end, they know what they need to do. They've hired the right attorney. They go before a magistrate. And if you think that they get in there by lottery, then believe in Santa Clause, because it's not going to happen, because some of the same Code Enforcement officers that are blind -- you know, when they go out there, they don't see a lot of stuff that's going on -- are the same ones that now are going to be putting them in the agenda, or who knows who else within the system. So we're being played wrongly. We're losing fines that we shouldn't be losing. On top of that, people are getting all kinds of extensions that they shouldn't be getting, and we're undermining our own Code Enforcement Board and our own residents. Chair Hardemon: All right. Is there a motion? Commissioner Carollo: There's a motion. Ms. Mendez: 1 haven't read the title into the record. Chair Hardemon: Can you read it into the record, please? Commissioner Gort: Read it. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Been properly moved by Commissioner Carollo. Is there a second? Commissioner Gort: First reading, right? Chair Hardemon: Yes, first reading. Commissioner Gort: May. Chair Hardemon: Seconded by Commissioner Gort. Any further discussion? Commissioner Gort: Yeah. Before it comes back, I want to get all the information, economic impact that it has. I'd like to know special masters, how much of a total they have given up or they're forgiven. I'd also like to seethe same procedure that we do with the Code Enforcement Board. But let me tell you what happened Code enforcement, a lot of times you get a lot of senior citizens that come here, and they get fined, and unfortunately, a lot of them do not understand why they're being fined, so they come here, they plead their cases, and they get some reduction on their fines. There's other individuals that come here. If they don't have the money to do the City ofMiami Page 50 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 repair immediately, and they'll ask for an extension, and as long as the inspector is checking, is making sure the inspection takes place, they, can comply with it, and the extension can be given to the individual so he can comply. Our main goal is for compliance with the Code and to improve our residents. At the same time, I understand there's a lot of the -- there's a lot of procedure that we have to use; for example, I know the lot clearing on unsafe structures. We just had a house within my neighborhood, a block away from my house, it was knocked down. The cost of knocking it down is $10,000. We were able to put a lien on that one, and we'll recoup that monev. So this -- I would like to get that information, okay? Commissioner Reyes: I agree with Commissioner Gort. And the more information that you can bring us, the better that -- I mean, the best that we can make up our mind, you see. And I also was -- I served with Mr. McEwan on the Code Enforcement Board, and I know the amount of cases that we treated, and I know that we were fair. We were fair but strict. We were fair but strict. And there were reductions, but never to zero, you see. That's something that we did. And those people that they didn't comply because they didn't want to, you see, they should be punished. That's -- and I -- I'm expecting from the Administration to bring as much information as you can, so it will help us make up our mind. Chair Hardemon: All right. Mr. McEwan: Excuse me, Mr. Chairman. I'll be real quick The only reason I wanted to make sure everybody understood, the reason we meet at 5 o'clock in the afternoon is not because it's convenient to us. We did it so the citizens can -- Commissioner Gort Right. Mr. McEwan: -- make it here without losing a day of work. Commissioner Gort: Sure. Mr. McEwan: We use -- when I started, we -- well, that was a few years ago -- we started at 2 o'clock in the afternoon. Commissioner Reyes: Yeah, I remember that. Mr. McEwan: That's not fair; making people lose a whole day of work just because whoever it was that was here on the board didn't want to be there at 2 in the afternoon, and that's the reason. I understand what Bernat said. I'm sorry I referred to him as `Bernat, " but we used to work in the same place. I understand what he's saying, but there's another way of looking at that; that those inspectors, when they're here for the masters hearings, they're not on the street; they're here. And you're losing whatever many inspectors are here for that hearing -- Commissioner Reyes: That's right. Mr. McEwan: -- jrom doing what they're supposed to be doing on the street. So that's another reason why we're in the afternoon. Chair Hardemon: Thank you. Mr. McEwan: I understand they want to get their comp time and all of' that. They don't get paid; they get comp time jor whatever time they put in. But, you know, as long as you all understand that that's it. I -- Commissioner Carollo: Thank you, Chuck. City ofMiami Page 51 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Mr. McEwan: Yes, sir. Thank you. Commissioner Carollo: That's some valid information you gave. And like I said before, we're paying special masters $100 an hour; inspectors cost us a lot less than that, so we have a net gain, but, you know, really, it's going to be insignificant, the amounts, but we still have a net gain; we don't lose any money. Chair Hardemon: Seeing no further debate, all in favor of the motion, say "aye. " Commissioner Carollo: Aye. Commissioner Reyes: Aye. Chair Hardemon: All against? Vice Chair Russell: Nay. Chair Hardemon: Motion passes. Okay. Commissioner Carollo: Can I say something? I'd like to thank each and every one of you, because I think this is a very important step forward.f6r the City of Miami and its residents. And 1 just want to say that. Thank you. FR.5 ORDINANCE First Reading 4291 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY and Mayor OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, AYES: COMMITTEES, ABSENT: COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," TO AMEND SECTION 2-884, ENTITLED "MEMBERSHIPS ON BOARDS," TO PROVIDE THAT NO CITY COMMISSIONER MAY SERVE AS A CHAIR OF MORE THAN ONE (1) BOARD UNLESS EACH MEMBER OF THE CITY COMMISSION SERVES AS CHAIR OF AT LEAST ONE (1) BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Commissioner Carollo: Can we take FR. S before FR. 4? And I think we'll go quickly at it. Vice Chair Russell: FR. 5. Commissioner Carollo: Okay. In the same spirit of'-- that you left the other stiff for December, Commissioner, I see no reason why we should discuss this now and not in City ofMiami Page 52 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 December. In fact, it was always my intention, too, whatever decisions were made, if any, that they would not be effective until then. So I'll withdraw this the same way that you did the other. Vice Chair Russell: We're going to be hugging soon. Commissioner Gort: There we go. Yeah. Commissioner Reyes: There you go. Commissioner Gort: Why not? Commissioner Carollo: Well, as long as you don't take me to the same barber. I was going to bring you to Little Havana -- Vice Chair Russell: Oh, no, no, no, no, no. Commissioner Carollo: -- to get one of mine. Vice Chair Russell: There's a motion for withdrawal; seconded by the Chair. Any .further discussion? Commissioner Gort: No. Vice Chair Russell: All in favor say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Commissioner Carollo: No. Vice Chair Russell: Motion passes. Commissioner Carollo: Thank you, Commissioner. I appreciate it. Vice Chair Russell: FR. 4. Commissioner Reyes: Thank you. I mean, I -- Commissioner Carollo: FR (First Reading) -- Commissioner Reyes: --have to congratulate both of ,vou. And I really feel proud to be serving in this board with you guys. Commissioner Carollo: Well, look, this is the way that I think we should do things. We could disagree, but -- Commissioner Gort: Yeah. Commissioner Carollo: -- do it in a cordial way. And, you know, I'm very happy to see how today's meeting has conducted itself.' Commissioner Reyes: Yeah. Vice Chair Russell: Thank you. City ofMiami Page 53 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: Thank you. END OF FIRST READING ORDINANCES City ofMiami Page 54 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 RE - RESOLUTIONS REA RESOLUTION 4112 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Department of THE BID RECEIVED APRIL 4, 2018, PURSUANT TO INVITATION Solid Waste FOR BID ("IFB") NO. 828381, TO ESTABLISH A CONTRACT FOR AYES: CLEAN YARD WASTE DISPOSAL SERVICES, WITH WASTE MANAGEMENT INC. OF FLORIDA ("WASTE MANAGEMENT") THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE SOLID WASTE DEPARTMENT ("SOLID WASTE") ON AN AS - NEEDED BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM SOLID WASTE ACCOUNT NO. 04001.213000.549000.0000.00000, AND AS REQUIRED BY OTHER END-USER DEPARTMENT'S, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S ("CITY") PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0242 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.], please see "End of Consent Agenda. " City ofMiami Page 55 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 RE.2 RESOLUTION 4207 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL Resilience and ACTIONS NECESSARY, INCLUDING BUT NOT LIMITED TO, Public Works AMENDING THE CURRENT INTERLOCAL AGREEMENT ("AGREEMENT") BETWEEN MIAMI-DADE COUNTY ("COUNTY") AND THE CITY OF MIAMI ("CITY"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ADD A NEW FLAGAMI TROLLEY ROUTE TO THE CITY'S TROLLEY SYSTEM WITH SERVICE CONNECTING MAJOR ARTERIALS IN THE CITY SUCH AS SOUTHWEST 8TH STREET, WEST FLAGLER STREET, NORTHWEST 7TH STREET, NORTHWEST AND SOUTHWEST 37TH AVENUE, AND NORTHWEST AND SOUTHWEST 57TH AVENUE TO THE EXISTING LITTLE HAVANA TROLLEY ROUTE, SOUTHBOUND FROM THE MIAMI INTERMODAL CENTER ("MIC") ON NORTHWEST 37TH AVENUE, WESTBOUND ON NORTHWEST 7TH STREET NEAR THE CITY'S TERRITORIAL LIMITS, SOUTHBOUND TO SOUTHWEST 8TH STREET, EASTBOUND THROUGH PARTIAL SECTIONS OF SOUTHWEST 8TH STREET AND WEST FLAGLER STREET CORRIDORS, AND NORTHBOUND ON 37TH AVENUE TO THE MIC, OPERATING SIX (6) DAYS A WEEK WITH AN ESTIMATED OPERATING COST OF APPROXIMATELY ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000.00) PER YEAR WITH A TOTAL ESTIMATED AMOUNT OF FUNDING REQUIRED TO IMPLEMENT THE ROUTE OF TWO MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS ($2,350,000.00) COMPRISING THE PRORATED COST FOR THREE (3) MONTHS OF OPERATION AT APPROXIMATELY THREE HUNDRED THOUSAND DOLLARS ($300,000.00), THE TRANSFER OUT INTO THE CAPITAL PROJECT FUND FOR THE PURCHASE OF FIVE (5) TROLLEYS AT APPROXIMATELY ONE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($1,750,000.00), AND TROLLEY SIGNAGE AT APPROXIMATELY THREE HUNDRED THOUSAND DOLLARS ($300,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO MAKE ANY FUTURE CHANGES TO THE ROUTE, INCLUDING SERVICE TO OTHER AREAS, AND NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE AGREEMENT AS MAY BE DEEMED NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. ENACTMENT NUMBER: R-18-0243 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.2, please see "End of Consent Agenda. " City ofMiami Page 56 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 RE.3 RESOLUTION 4208 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Department of THE CITY MANAGER TO TAKE ANY AND ALL STEPS Resilience and NECESSARY, INCLUDING BUT NOT LIMITED TO, NEGOTIATING Public Works AND EXECUTING AN AMENDMENT TO THE CURRENT INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY ("COUNTY") AND THE CITY OF MIAMI ("CITY'), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO MODIFY THE COCONUT GROVE TROLLEY ROUTE ("ROUTE") TO EXPAND SERVICES TO THE SOUTHWEST 37TH AVENUE CORRIDOR FROM DOUGLAS PARK AND SOUTHWEST 28TH STREET TO THE DOUGLAS ROAD METRORAIL STATION AND GRAND AVENUE, GRAND AVENUE FROM JEFFERSON STREET AND ESTHER MAE ARMBRISTER PARK TO MARY STREET AND BAYSHORE DRIVE, BAYSHORE DRIVE TO AVIATION AVENUE, AVIATION AVENUE TO TIGERTAIL AVENUE AND OAK AVENUE, OAK AVENUE TO MCDONALD STREET, MCDONALD STREET TO BIRD AVENUE, BIRD AVENUE TO SOUTHWEST 27TH AVENUE, AND SOUTHWEST 27TH AVENUE TO THE COCONUT GROVE METRORAIL STATION, MIAMI, FLORIDA; INCREASING THE ROUTE FROM 10.75 MILES TO 11.85 MILES WITH NO CHANGES TO THE OPERATING HOURS AND REDUCING OPERATING COSTS BY APPROXIMATELY TWO HUNDRED THIRTY SEVEN THOUSAND THREE HUNDRED NINETY TWO DOLLARS ($237,392.00) SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. ENACTMENT NUMBER: R-18-0244 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.3, please see "End of Consent Agenda. " City ofMiami Page 57 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 REA RESOLUTION 4209 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL Resilience and STEPS NECESSARY, INCLUDING BUT NOT LIMITED TO, Public Works NEGOTIATING AND EXECUTING AN AMENDMENT TO THE CURRENT INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY ("COUNTY") AND THE CITY OF MIAMI ("CITY"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO MODIFY THE BRICKELL TROLLEY ROUTE ("ROUTE") TO EXTEND THE ROUTE FROM MERCY HOSPITAL, ALONG SOUTH BAYSHORE DRIVE, TO CITY HALL, MIAMI, FLORIDA; EXTENDING THE ROUTE FROM 7.65 MILES TO 10.87 MILES WITH NO CHANGES TO THE HOURS OF OPERATION AND INCREASING OPERATIONAL COSTS BY APPROXIMATELY TWO HUNDRED THIRTY SEVEN THOUSAND THREE HUNDRED NINETY TWO DOLLARS ($237,392.00) DUE TO THE ADDITION OF ONE (1) TROLLEY VEHICLE SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. ENACTMENT NUMBER: R-18-0245 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE. 4, please see "End of Consent Agenda. " RE.5 RESOLUTION 4268 A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING Commissioners FUNDS FROM THE DISTRICT 4 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE PROGRAM IN A TOTAL AMOUNT and Mayor NOT TO EXCEED $10,000.00 TO LA LIGA CONTRA EL CANCER, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR GENERAL PROGRAM FUNDING. ENACTMENT NUMBER: R-18-0246 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE. 5, please see "End of Consent Agenda. " City ofMiami Page 58 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 RE.6 RESOLUTION 4096 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH OMNI Community ATTACHMENT(S), ACCEPTING AND ADOPTING THE AMENDED Redevelopment TAX INCREMENT FUND BUDGET OF THE OMNI Agency REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT ABSENT: AGENCY ("OMNI CRA"), ATTACHED AND INCORPORATED AS EXHIBIT "A," FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 2018, AS APPROVED BY THE OMNI CRA'S BOARD OF COMMISSIONERS. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes Note for the Record. Item RE.6 was deferred to the June 28, 2018, Planning and Zoning Commission Meeting Note for the Record: For directive referencing Item RE.6, please see Item NA. . Chair Hardemon: 1'd like to call our attention to RE.6 before we move on to the rest of the FRs (First Readings). Commissioner Carollo: Okay. Chair Hardemon: The midyear amended budget approval for Omni CRA (Community Redevelopment Agency). Commissioner Gort: RE? Chair Hardemon: RE. 6. Commissioner Carollo: Okay. Let me go back to it. Chair Hardemon: Sir, you're recognized Commissioner Carollo: Let me pull this out here if I can, Chairman. Chair Hardemon: No problem. Commissioner Gort: Which item is this? Chair Hardemon: We're on the midvear amended budget -- Vice Chair Russell: Omni CRA. Chair Hardemon: -- approval for the Omni CRA; RE. 6. Commissioner Gort: RE.6. Chair Hardemon: Introduce yourself for the record, sir. City ofMiami Page 59 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Jason Walker (Executive Director Omni Community Redevelopment Agency): Good morning, Commissioners. Jason Walker Executive Director of the Omni CRA. Vice Chair Russell: For the record, I'll move the item. Chair Hardemon: It's been properly moved by the Vice Chairman. Commissioner Carollo: What -- Commissioner Reyes: Move -- RE. 6? Chair Hardemon: RE. 6. Commissioner Reyes: I'll second it. Chair Hardemon: Seconded. Commissioner Carollo: What I'd like to find out on this item, Jason -- Mr. Walker: I'm sorry, Commissioner? Commissioner Carollo: What I'd like to find out on this item -- this is the midyear budget amendment that you're doing correct? Mr. Walker: Yes, sir. Commissioner Carollo: All right. In the budget that was originally approved this year -- 1 wasn't here as a CRA member when that happened -- was $2 million included for the Museum Park? Mr. Walker: No, sir. Commissioner Carollo: Okay. When was that --? There's only $2 million that's ever been approved by the CRA, a sum total. Mr. Walker: Yes, sir. Commissioner Carollo: And I haven't beenn here those years. What budget was that approved at? Mr. Walker: The $2 million was approved in reserve for the 201612017 year budget. Commissioner Carollo: Okay. And of course, the one that were dealing now is '17118? Mr. Walker: Yes, sir. Commissioner Carollo: Okay. You do agree that you're bound, just like governments are, by the State of Florida's statutes to have a balanced budget, correct? Mr. Walker: Yes, sir. Commissioner Carollo: Okay. Ij'you know -- and the City Attorney's Office have issued opinions to that effect -- that the Omni CRA had entered into -- years that I wasn't around -- this global agreement where it has to give -- City ofMiami Page 60 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Mr. Walker: May I interrupt you, sir? Commissioner Carollo: Let me finish. Let -- can I --? Mr. Walker: No, no, I can't hear you very well. Commissioner Carollo: Oh, I'm sorry. Mr. Walker: And people in the audience can't hear you very well, either. Commissioner Carollo: I m sorry. I'll get closer. I said, if you're aware that the City Attorney has issued an opinion. Mr. Walker: I'm aware of two City Attorney opinions. from the City. Commissioner Carollo: Well, they could answer; the City Attorney is here. I understand there is a City Attorney opinion that there was a global agreement -- I wasn't here then -- when the whole port deal came about between the County, the City, the Omni CRA, that the Omni CRA would provide $2 million.for the next 30 years . for the infrastructure improvements to Museum Park. Why hasn't this been included in this budget? Mr. Walker: The board, sir; in previous -- the previous board has had conversation and several CRA board meetings. The board, sitting as the CRA Board -- also, the City, of Miami Commissioners -- have decided to try to work this issue out with the City. 1 think the City has hired outside counsel. We're in the process of hiring outside counsel, and we did reserve it the first year and the second year. The board decided that it was having a major impact on what we should be doing, which is clearing slum and blight within the Omni CRA District, fixing up homes, putting money into historic preservation. That money was hindering that progress. So once a conclusion is made, we will certainly abide by that conclusion. There's definitely a legal difference between the CRA and the City on that clause in the global agreement, because there are also other assumptions that there would be a $68 million park there. There's not a $68 million park. There's also the assumption that -- I mean, basically, that's it -- that the park was going to be completed on time. There was also the assumption, especially when it was passed at the City level back then, that the CRA expansion in 2009 would include the entire Watson Island that would help pay for the improvements to Museum Park. That didn't happen at the County level, where the boundaries were shrinked [sic] to only include payment for the tunnel, which is what we have -- we do have that budget in here. Commissioner Carollo: Well, I'm glad you're putting this in the record, because you might be right; this money might impact some of the things you'd like to do there. Nevertheless, if you enter into a contract and you find out later, after you enter into the contract that, "Gee, this contract really wasn't beneficial to me. I should have thought more about it before entering into it, " unless the other party is in agreement to it, you just can't do away with the contract_; you're legally bound by it. Mr. Walker: And we've had indications, Commissioner -- Commissioner Carollo: And if the County didn't include Watson Island into it, if all the factors that you mentioned here are so, you still have a legally written contract that, by law, you're bound by that contract. Just because you don't like it some years later, you can't change that; otherwise, every contract that people enter -- Mr. Walker: Absolutely. City ofMiami Page 61 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: -- they might find out later on wasn't as beneficial to them as they thought originally, or they don't like anymore -- Commissioner Gort: Commissioner Carollo -- Commissioner Carollo: -- would be done away with. Mr. Walker: Absolutely. Commissioner Gort: Commissioner Carollo -- Could you all excuse me for about five minutes? I have to go upstairs and sign some documents, and I'll be right down, and I would like to vote on this one, if possible. Commissioner Carollo: Okay. Mr. Walker: Sure. Commissioner Carollo: Well -- Mr. Walker: The -- I agree with you, Commissioner, and neither of us were here when this was done. Commissioner Carollo: 1 think very few of us were here. Mr. Walker: Yeah. None of us were here; neither of its were here when this was done. But 1 just want you to know that we --.from the administrative point of view, we've give -- been given every indication from the previous Administration to the previous Board of the City Commission and the City Board [sic] that -- because this agreement is between the CRA and the City -- that there was a willingness to try to work this out; work out a plan that would allow us to maybe pay -- Commissioner Carollo: But -- Mr. Walker: -- for some of the park improvements, but also allow us to free up this debt -- Commissioner Carollo: Yeah. Mr. Walker: -- because we do include it in our debt service. Commissioner Carollo: But the willingness question. is -- Vice Chair Russell: Gentlemen, I'd like to pause here for a second -- Commissioner Carollo: Yeah. Vice Chair Russell: -- because Commissioner Gort does need to hear this -- Commissioner Carollo: Okay. Vice Chair Russell: -- if he's going to vote on this. Commissioner Carollo: Okay. All right. Vice Chair Russell: So let's take a five-minute recess -- Commissioner Carollo: Good idea. All right. City ofMiami Page 62 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Vice Chair Russell: -- and we'll be right back Commissioner Reyes: Fantastic. Vice Chair Russell: Thank you. Chair Hardemon: Calling the June 14, 2018 meeting back into order. Who had the floor? Vice Chairman? Vice Chair Russell: Commissioner -- sorry -- Commissioner and the Executive Director were discussing it. Chair Hardemon: Okay. You have the floor, Commissioner Carollo. Commissioner Carollo: Mr. Chairman, I think where we broke off at, I was going to be asking the City Attorney to give us whatever opinions the City had issued. The issue that I brought up, Mr. Chairman, so that -- in case you didn't hear it when you stepped out -- is that what I'm concerned about and I'm asking is that all boards, just like us, as the City, have to have balanced budgets. And there's a $2 million item that the Osnni CRA is legally obligated, has contracted to give some years back. I know there was only one $2 million ever given. It was confirmed to me by the Director that it was in the last fiscal year, not this one. So my contention is that if the board knows that there is a legal obligation of $2 million -- we have had a legal opinion on it --just because for reasons that the Executive Director stated here the board does not want to pay it, that doesn't mean its, legal. The fact that the board, through its Director, stated that, "Well, we haven't done it, because we're trying to negotiate it" -- The Bayfront Park Trust, since I had been Chairman, had sent the board notification -- the Omni CRA Board -- that they owe us the $2 million for this fiscal year, plus some back monies that are also owed. This is a contract that was sent here when 1 think the majority of us -- maybe most of us or all of its were not around, but nevertheless, it's a legal binding contract. That the board would like to negotiate it, that's fine, but it is something that still has to be placed on the budget somehow and -- Mr. Walker: To -- I understand your point. And like I said, the board previously, through conversations with the board, through board resolutions, through conversations with the previous Management, and conversations with the City Attorney's Office, there seemed to be a willingness on all -- by all parties to try to settle this issue, because of the impact that it had on the operation and -- program operation of the issue (UNINTELLIGIBLE). Commissioner Carollo: Jason, I understand that, and I respect your opinion on that. But my contention is that, legally -- I'm talking about on the legal aspects of it --you still have to have a balanced budget by the State, and you have to have that $2 million put somewhere on the budget before moving forward. Chair Hardemon: Is the $2 million not reflected in the budget? I understand the desire to try to negotiate the payment away, if you will. But is the $2 million anywhere noted within the budget? Mr. Walker: Yeah. Chair Hardemon: And I think that's -- that seems to be -- Commissioner Carollo: Yeah. City ofMiami Page 63 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Chair Hardemon: -- the crux of the issue, because -- Mr. Walker: Yes. Chair Hardemon: -- you have to be able to identify the money, no matter if you give it to the client -- Commissioner Carollo: Exactly. Chair Hardemon: -- or not -- Commissioner Carollo: That's the point I m making. Commissioner Reyes: That's -- Chair Hardemon: -- it should be noted somewhere. Mr. Walker: The -- Commissioner Reyes: -- isn't that potential liability? Vice Chair Russell: That's right. Mr. Walker: -- and that's the difference, and some people in the City can help out, but that's the difference. When we went out.for the loan -- when we do our annual audit, they booked the $2 million as a debt, okay? And that's actually why the issue - - why -- that's why we brought the issue up, because when we went out to get -- because we don't have any money to do anything, basically. So when we went out for a loan to actually do some affordable housing in the area, to actually do something about affordable housing in the area, we were able to get only $25 million. Why we were only able to get $25 million? Because the bank counted this as a debt. It is counted as a debt. They said, "Well if you owe Bayfront" -- and it's actually not Bayfront Park The agreement is not with Bayfront Park. The agreement is with the City of'Miami -- "because you owe the City of Miami $28 million" -- or $30 million at the time -- "we would give you 50, but you have this debt on your books that we can't give you more to do affordable housing. " Chair Hardemon: So they acknowledged it, but the questionn is that -- Mr. Walker: They acknowledged it. The auditors acknowledged it, but we do not -- to answer your question -- acknowledge it in the budget. Chair Hardemon: And I think that that's probably why, I think, part of what the issue is. Mr. Walker: And if' we did, Commissioner, not acknowledge it in the budget., it would take away all of the business incentive grants that we've given out; it would take away all of the home improvement grants that we've given out; it would take away all of the money that we're spending to buy land to build affordable housing. All that goes away, because the majority of this budget goes to pay for the tunnel; goes to pay, the Performing Arts Center; it goes to pay taxes on the MEC (Miami Entertainment Complex). I mean, it goes to other things that -- Chair Hardemon: Listen. You don't have to tell anyone -- When it comes to deals that were made that were to the detriment of certain neighborhoods, I understand that more than anyone. And so, the global agreement was not something that many people are proud of, because of the things that happened after the global agreement City ofMiami Page 64 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 came into its approval. But I will tell you that I certainly believe that any time you have an obligation, you must meet it. And I've had lots of deals that come before me in this position, and also as the Chairman of the Southeast Overtown/Park West CRA, where, you know, you have people that are influential that want to skirt the deal that was made; that people that want to do better than what they contracted to do before. And so, I understand, you know, what Commissioner Carollo is saying. So, look, I don't even think right now he's saying, 'pay. " He's more saying, "We have to somehow reflect it. " And there has to be some sort of creative accounting method to reflect it. Commissioner Reves: Excuse me. Chair Hardemon: You're recognized, Mr. Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. And thank you, Mr. Executive Director. So when -- after assuming chairmanship of the Omni CRA, and realizing how much our hands were tied, we, as a board, tasked Jason and his team with finding the funds to do the good works that we're doingoButor those fforts, we would not be able to do them. But it wasn't just on a whim, and it wasn't fust, for a will. There was a legal opinion that countered this legal opinion that states that we have suet our obligation with regard to this; that the CRA spent millions of dollars bringing the remediation of Museum Park out of slum and blight; that there was a change in the will of what that park would be from the City Commission years ago, before its, that stopped the spending on Museum Park, which alleviated the CRA.from having to reimburse that spending. Those deadlines all passed, and the City, did not spend on the park. The CRA is not obligated to reimburse on the park. We, as a board of the CRA, voted to allocate $100 million toward affordable housing throughout the lifetime of this -- of the remainder of the CRA, and we are going to do that. But with this debt, we cannot do that. The political will and the legal grounding behind it gives its this ability. Now we need to get the City and the County to agree with that; that is the next task before us. But Commissioner Carollo, 1 completely respect your position, but I actually look forward to solutions from you, because the very --'the first and only phone conversation you and I have ever had was when you were running for office, and I was sitting in my office, and you called me about this debt. And it was the previous Commissioner, who is your brother, who was calling in that debt at the time. And you said, "Don't give it to him. I know how we can cover this, and when I'm in there, I'll show you. The CRA does not owe the 28 million. " So I'm surprised to hear that you're on the other side of this; that we do owe it, and that it needs to he paid at this point. So I'm looking for your help in this, because we're doing amazing things in. the CRA. And once and if we get the extension, we can do even more amazing things, but we need to be together in this. And if we're divided, it's the folks in the neighborhood who are going to pay. And we have the backing to say that what we are doing is legal and financially and accountably -- by an accounting perspective -- correct. If the City disagrees -- we may have disagreements down the way, but I think we need to try to carry out our mission and trust our Executive Director in the way that he's doing it. And I want its to work together, and I'm going to reflect that in the future items on this agenda that I want its to work together. Chair Hardemon: I want to recognize -- Commissioner Carollo: All right. When everybody is done, I just want to go back -- Commissioner Reyes: Yes, sir. Chair Hardemon: We'll go back to it, yeah. City ofMiami Page 65 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Commissioner Reyes: I just have a couple of questions, and just to have it clear in my head. You just stated that a loan was asked for; right? And if that loan -- I mean, when the financials from the CRA were presented, according to what I understood that you said, that if it reflected a debt of $2 million -- Mr. Walker: $30 million. Commissioner Reves: -- oh, $30 million -- a debt of $30 million that you wouldn't be able to get those -- I mean the loan from -- that you obtained or that you were asking for. Mr. Walker: No. We were able to get -- we wanted to see what was -- Commissioner Reyes: Or they would reduce the amount. Mr. Walker: The amount was reduced. Commissioner Reyes: They would reduce the amount. Mr. Walker: The ultimate amount was -- Commissioner Reyes: Okay. Mr. Walker: -- 25 million. Commissioner Reves: Okay. Now, the -- that debt was then not included in the financial statements of the CRA in order to get the total amount of the loan, right? I'm just --1'm -- what I'm driving is this: Does the debt exist or not? It's a potential debt? Commissioner Gort: It's a liability. Mr. Walker: It's a liability. Commissioner Reyes: It's a liability. And in your -- when you -- I mean, whenever you are presented your -- all the financial statements that you presented, and you have to really enumerate all your liabilities. Mr. Walker: And we did. Commissioner Reyes: ff it is a liability and it wasn't presented, that's -- this is my fear. This is my fear. I am not judging or anything. My fear is this: That a loan was granted based of information that it was not included. Mr. Walker: No, sir. Commissioner Reyes: Okay? That's whatl understood. Mr. Walker: No. Commissioner Reyes: If now, tomorrow -- if 'tomorrow the grantor, the person that issued the loan, they want to call the loan based on finan -- that's what -- something that I want the City Attorney to say -- Mr. Walker: But it didn't -- City ofMiami Page 66 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Commissioner Reyes: -- because -- and that's what I understood all my life, and I been teaching -- Any time you find you have any balance statement, you see, you have a balance statement, balance sheet -- balance sheet enumerates the assets and the liabilities. In the liabilities, we didn't have -- we didn't include that potential or real liability -- My question is, is it real or it's a potential? Mr. Walker: It is both. It's real and -- Commissioner Reyes: And we have included it? Mr. Walker: -- we do include it. And we do include it, and we did include it, and that's -- and that was the point. If -- We originally said, "How much can you give us?" We talked to our financial advisors. They looked at how much we could possibly -- and I'll make it as simple as this: We can't go out and borrow any more money if our debt date is 2030, because there's no more capacity for its to borrow, okay? Why? Because when we went for this last loan of 25 million, they took into account all of our liabilities and all of the income that we're going to bring in until 2030. Now, if between 2030 and now, and we don't -- let's say we don't get an extension, and we're only allowed to go up to 2030. In order to free up some more capacity, we would have to get rid of this liability -- Commissioner Reyes: You -- Mr. Walker: -- which is what we're trying to do. Commissioner Reyes: Yes, sir. That is not my point. My, point is, at a time that you're asking_for a loan -- Mr. Walker: Yes. Commissioner Reyes: -- you have to present a balance sheet. Mr. Walker: And we did. Commissioner Reyes: When you -- now, in that balance sheet, that $30 million were included as liability? Mr. Walker: Yes, sir. Chair Hardemon: It was. That's the trick to it. So when they took the loan -- Commissioner Reyes: Yes. Chair Hardemon: --for the 24, $25 million, the bank did consider the fact that there was an outstanding debt obligation from the CRA -- Commissioner Reyes: But that's not what he said though. Chair Hardemon: -- no. So what he -- because it's two things. So it's two.faceted, if you will. So the bank did consider it, even though the CRA believed that they did not have to pay it, they were not going to pay it, they had an opinion they didn't have to pay it. But the bank said, "Listen" -- you know, banks are conservative. They're going to say -- I know -- Commissioner Reyes: You see, maybe I listen with a little accent, but let me tell you that's -- but what -- but I don't want to lose this. City ofMiami Page 67 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Chair Hardemon: It was (UNINTELLIGIBLE). Commissioner Reyes: What I heard from him was that it was not included -- Chair Hardemon: In this budget. Commissioner Reyes: --in this -- I mean, and when --no. When the loan --when they requested the loan. That is my concern. If you don't include that when you are requesting a loan, and you are not including liabilities -- Mr. Walker: Of course, we included it. Chair Hardemon: And Commissioner, you are right, and you are right. Commissioner Reyes: And that is my concern. Chair Hardemon: No, you -- and you are right. Commissioner Reyes: And that's what I understood. from him. Chair Hardemon: But that was -- Vice Chair Russell: He'd like to correct that if you could let him -- Mr. Walker: Oh, yes. Vice Chair Russell: -- because that is not a correct statement. Commissioner Reves: Okay. Mr. Walker: Yeah. That's not -- if you -- if that's what you heard, that's not what I intended to say. CommissionerReyes: Okay. Mr. Walker: The 30 million, again, was included in --as a liability -- Commissioner Reyes: In the fznan -- in the balance sheet? Mr. Walker: -- in the balance books on this loan, because it's a part of our audit. It's on our audit as a liability. Chair Hardemon: Right. Mr. Walker: We just don't include it in our operating budget. Chair Hardemon: Commissioner Carollo. Commissioner Carollo: Thank you, Chairman. Let me get back to the heart of this before I do have to briefly address something that our colleague,, Commissioner Russell stated. All this on the bank loan and you put it as a liability, and it made you put it and everything else, to me, it's irrelevant, because what the State requires has got nothing to do with what banks are saying, or what they want you to put down, or anything else. State law is clear that you have to present a balanced budget. Novi,, you mentioned, Jason, that -- not this fiscal year -- the prior fiscal year, $2 million was given or put aside -- well, let me rephrase that. Thefirst first time that the $2 million was given for the use ofMuseum Park, correct? City ofMiami Page 68 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Mr. Walker: There was a -- it was -- there was a reserve, and the board voted to give Museum Park -- to the City of Miami $2 million out of the budget reserve. Commissioner Carollo: Okay. All right. Now, what did you do that for? Mr. Walker: Because the board told me to. Commissioner Carollo: But you were telling me that there were opinions that you didn't have to give it? Mr. Walker: There is an opinion by the former City Attorney, Julie Bru, to the former Executive Director, stating that point. Commissioner Carollo: There -- did there -- the Commissioner, I think, also made mention that because of non prior actions that the board didn't have to do it. So if you didn't have to do any of this, why then did the Omni CRA Board give $2 million to the Museum Park? Mr. Walker: The board -- it was brought up -- Vice Chair Russell: I can explain. Mr. Walker: -- by a board member. It was brought up by a particular board member to make an expenditure reso -- by resolution -- to give to -- and it passed, I believe, 4-1. Vice Chair Russell: So what happened in that case is that we had a sunshine meeting with previous Commissioner Carollo in which we had a handshake, and that we would, as a group, moved the policy so that 2 million would go to Museum Park. He had particular intentions he wanted to use that park for, for capital improvements, but that he would not continue to go after further funds. We were working on exactly what that balance would be. And that was part of what our phone call was about in my mind Commissioner Carollo: Do --? Vice Chair Russell: And after that, I went to him. I said, "I'm" -- 7 don't believe that we owe the 28 million. " But in order to help that Commissioner with his initiatives, I said, "We will release $2 million. " And let's also point out that for the years and years previous, the City never asked for or collected $2 million a year, because the City never spent the money to make the park better. But if we restrict this, and because the three Commissioners on this side that sat as the CRA voted to do this, that's why we have the expenditures to bring back the Dorsey Library; that's why we're buying the land for affordable housing. This is a change in policy, and my three questions to you, Mr. Executive Director, are: Is our balance -- is our budget balanced? Are we legally sound? And is our accounting correct? Mr. Walker: Yes. Vice Chair Russell: And if 'that's the case, I m ready to vote on this as a 'yes. " Mr. Walker: Yes; yes to all three questions. We have actually a surplus budget reserve of 579, 000. Chair Hardemon: Let me state I want to be able to satisfy the concerns of the Commissioners; all of the Commissioners. And so, the -- one of the thing -- what I City ofMiami Page 69 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 said to you earlier, what Commissioner Carollo is concerned with is a note or some sort of entry of the liability; this potential liability. And then, what you're concerned with is it's not -- well, having the dollars to actually allocate, and that $2 million entry, for instance, gives you -- it's captured -- Well, if you put the $2 million liability, you're concerned that you won't be able to allocate the revenue to other things, because it would put it out of balance. Mr. Walker: Yes, sir. Chair Hardemon: And so, what I'm looking for is an entry -- Commissioner Gort: An amendment. Chair Hardemon: -- that you can make that would do both; that would, one, state that there's an obligation, but then also state that you basically don't think that you have to meet the obligation. And one of the ways that I thought about it -- and, I mean, your fancy accountants that you pay can help you with this -- is that you could potentially put the long-term liability there -- right? -- as whatever it is -- the $28 million, the $2 million per year, extended out. But maybe then, you put a revenue entry, like a potential settlement, some sort of thing where you're having dollars that you anticipate that are going to be awarded to you, or that balances that number. So if you think, for instance, that you can convince the County, the City, et cetera, to wipe away that debt obligation, then maybe put that as another accounting entry, and it counterbalances those both. So now, you have a recognition of the potential debt obligation, but then also a recognition that, hey, this thing may be settled; that way, there's notice to anyone who is looking at this that there's some issue there. Now -- Commissioner Carollo: Yeah. Mr. Walker: 1 would have to talk to our auditors and probably get some help from Chris to see how that works. I'm not sure how that works, but we will definitely look at -- Chair Hardemon: That's what it's about. We were just trying to find a balance. Mr. Walker: -- because when we put it -- I understand what you're saying, covering it on the other side, but, I mean, that's -- If you do what you're saying, it's going to cause what Commissioner Carollo is worried about, which is not a balanced budget. Chair Hardemon: No, I -- Mr. Walker: If 'we put it -- Chair Hardemon: -- think -- but if you have both of them, you have a counterbalance to the entry. So you have a debt obligation, but then you also have a revenue that can still -- I'm assuming then -- keep the balance -- keep the budget balanced. Mr. Walker: I don't know, but we will ask that question. Commissioner Carollo: If -- Mr. Chairman if I may? Before I was finished, Commissioner Russell interjected. And then when you came, you didn't realize that I wasn't finished. Chair Hardemon: Okay. I apologize. City ofMiami Page 70 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: No, no, but you didn't realize it after he interjected. Here is the point that I want to make on the issue before I address a couple of things that Commissioner Russell said on his memory. I'm going to give a bit of mine in a second. But you cannot, according to State law, have a balanced budget if you know, by contract, you got to pay something, without putting those funds -- identifying those fiords, in whichever way, within your budget. And you could put all the clause that you want. If you don't pay it, you don't pay it. It's another question into itself. But you have to have those dollars somewhere in the budget to have a true balanced budget. Now, there's another issue that I'm assuming, at this point in time, it could be resolved as a liability that you have to put down, and that's several previous years before the '16/17 fiscal year's budget that those 2 million were not paid. My belief is that those fiscal years that the budget was approved, it was not balanced, either. But since this has passed now, that, I think, could be put down as a liability now, because that passed. But I'm talking now this fiscal year's budget, going forward. In my mind, there has to be at least $2 million identified from somewhere that you could put it aside, in escrow, whichever way the accountant sees fit, according to ,State law, but you have to have actual cash from somewhere identified towards that, previous years, then that can be put down as a liability. So -- Mr. Walker: Commissioner? Commissioner Carollo: Yes. Mr. Walker: This can easily be resolved, actually. This is between the Omni CRA and the City of Miami; not the County, not the Marlins, not anybody else. So the previous -- Commissioner Carollo: Well, yes and no, Jason. You have the Bayfront Park Trust that handles Museum Park, and the Trust is a major part of this, because it was given the Trust to handle that, and it has an obligation, a legal obligation -- Mr. Walker: Okay, sorry. And the Trust. Commissioner Carollo: -- to be both. Mr. Walker: But right now -- but right now -- Chair Hardemon: Before you move on -- Mr. Walker: Yes, sir. Chair Hardemon: -- with that -- because I know where you're going. 1 fundamentally disagree with you there, because I believe that the agreement, the global agreement is an agreement between a number of different -- Commissioner Carollo: Yeah. Chair Hardemon: -- individuals. So even though that obligation exists between, say, one and the other that are within that total agreement, I personally, believe that the total agreement is something that -- Mr. Walker: But the substance is -- Vice Chair Russell: Where is he going now? Mr. Walker: -- but the substance of'-- City f-- City ofMiami Page 71 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Vice Chair Russell: Is he going to the subsidiary agreement; is that what you're --? Mr. Walker: I agree with you, but the substance of the issue is between Bayfront Park Trust, the City, and the CRA. And so, it can be settled between -- and then you actually have to go to get the approval from the other partners; Southeast Overtown/Park West -- Commissioner Reyes: Yeah, he's right. Mr. Walker: -- Miami -Dade County; probably, the Florida Marlins. Commissioner Reyes: That is -- he's right. Mr. Walker: But my issue is the CRA Board has already previously voted to ask to de-obli -- by resolution -- to ask to de -obligate these funds back to the CRA for the purpose of affordable housing; $30 million to put inaffordable housing in the Omni area today; that's what the CRA Board voted. So if the City of Miami -- same board, different people -- same people, different board -- agrees with the previous resolution to de -obligate $30 million from Museum Park to put into affordable housing in the Omni CRA District, then this -- Chair Hardemon: Now I'm confused, because I thought that the bank loan that was received -- Commissioner Reyes: That's what -- Chair Hardemon: --for affordable housing -- Mr. Walker: Yes. Chair Hardemon: -- included de -obligation -- Vice Chair Russell: Yes. Mr. Walker: It does. Chair Hardemon: -- of the $30 million. Mr. Walker: But we can get -- Vice Chair Russell: After that, we voted -- Mr. Walker: Yes. Vice Chair Russell: -- in January. In January, the CRA Board voted to de -obligate the future -- that 2 million was the lastpayment., in our opinion.,, and we voted in one meeting to allocate 100 million toward affbrdable housing and to de -obligate future payments to the City of'Miami on behalf of the -- Mr. Walker: But due respect to the Chairman, even though. -- Chair Hardemon: I don't remember quite -- Vice Chair Russell: Am I wrong? Chair Hardemon: I don't know. I don't remember. City ofMiami Page 72 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Mr. Walker: -- even if -- though assuming you're right, but it's still -- Even though you voted -- that was a resolution -- it still would be counted as a liability. Vice Chair Russell: Yes. Mr. Walker: There needs to be an amendment to the interlocal that's approved by the City of Miami Board to say, "We agree that this $30 million" -- 28 million now because 2 million's already gone -- "this $28 million should be transferred from this agreement to the Omni CRA for the purpose of affordable housing, building affordable housing within the Omni CRA District. " That can be done today, and that would satisfy Commissioner Carollo's concern about a balanced budget. Commissioner Gort: Mr. Chairman? Chair Hardemon: You're recognized. Commissioner Gort: Let me ask a question. My understanding was, when I voted on this, that you were instructed to go to Miami -Dade County and to the City, and get them to de -obligate us to do that. Mr. Walker: We've had conversations -- Commissioner Gort: And actions would take place after that is confirmed; that's my understanding. Mr. Walker: Yes. And we're still in negotiations. The City Attorney hired outside counsel, 1 believe, two months ago. Commissioner Gort: So the question is: Where are we now? Mr. Walker: Well, 1 mean, there have been different ideas floated, and the different ideas that have been floated, including, you know, by the City Attorney's Office is to amend the interlocal to settle the agreement, or to come up with a separate agreement that says that we don't owe it that would allow us to free up this 28 million for us to go back out for another loan to continue to try to put money into affordable housing in the Omni area. That can, be done today. Vice Chair Russell: And that interlocal isn't up to the staff- it's up to this board -- Mr. Walker: It's up to the board. Vice Chair Russell: -- to direct the City. Chair Hardemon: But to -- and that's the thing about it. The interlocal -- I'm just not sold on the subsidiary -- believe me, I want to help the Omni CRA. But the subsidiary agreement that you're describing, I just don't think -- I think that's a legal fiction. I just -- I -- it is -- Vice Chair Russell: You think it needs to be a full amendment, open the -- Chair Hardemon: I think because -- I'm going to tell you why. I'll tell you why. Say there's $30 million in the deal, in the entire deal in the global agreement. So say I, sitting as Chairman of the Southeast Overtown/Park West CRA, I say, "Well, why should I agree to this deal ij' there's an additional $30 million that's out there? Maybe our obligation should be less. Maybe that 30 millionn should be transjerred to this project, or that project. " Like -- well, my point is, is that it could affect other parts of the deal. Just because -- For instance, if you ask me whether or not I want City ofMiami Page 73 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 to each chicken, fish, or steak -- right? -- I'm going to choose between chicken, fish, or steak. But say -- no. If all of us voted on chicken, fish, and steak -- I like to do this kind of stuff -- if all of us had to choose between chicken, f sh, and steak, and the number one choice is steak, and the number two choice is chicken, you can't assume that if you eliminate steak from the options that chicken is going to be the next highest best thing. If you choose between chicken and fish, someone may actually -- we may all choose first fish. So my point to you is that when you're given a number of options, you make your decisions based off of the options that you have. And any time you remove one of those options from it, it could change the decision-making that you make. And so, that's why I just don't think that one thing can be pulled from the deal without it affecting the entirety of the deal, and all of the participants within the deal, and that's why I think we all described, okay, you potentially opening up the global agreement, which I said on the record I believe is Pandora's Box, but it will probably end up having to happen. But the thing that I think the Omni CRA should really consider -- because this is something that the Overtown CRA is going to have to really consider -- is that when you open this deal up, and we choose to open this deal up, the County is not going to be kind to us. They're not going to allow us -- let us do what it is that we think is in the best interest of our community, because they've shown themselves, time and time again, to take what they need.for their budget and do what they please, which is a slap in the, face of the Redevelopment Act, which is supposed to be to assist those areas in eliminating slum and blight. They have no problem doing it, and the global agreement is actually an example of them doing it. It's probably one of the best examples, besides the capping ordinance that they tried to implement, that they lost on that one moving forward. So, you know, these are things 1 just want us to really and truly strongly consider when you're doing this, and that might be why, you're having some issues. Mr. Walker: But -- and the issues can go away, also. There's another remedy, Commissioner Carollo -- with the Chairman's -- You know, the -- we will -- we are in the process of trying to open up the interlocal for the extension, because we believe that there's a lot to be done there, especially with the 10 acres that the School Board owns in downtown Miami, within the Omni CRA. We believe that the development of that site to include affordable housing, thousands of units of affordable housing on that site, thousands of units of retail space for job creation on that site is a reason to extend. So the point is, is that if the extension is granted at the end of the year; then that frees up the capacity and makes this issue of the 30 -- Commissioner Reyes: But the question -- Commissioner Carollo: One thing's got nothing to do with the other Commissioner Reves: That's right. Mr. Walker: Okay. Commissioner Carollo: I mean, you keep bringing up stuff that have nothing to do with the legality of the situation. #'I can, Mr. Chairman? Because I still wasn't finished when others (UNINTELLIGIBLE). Chair Hardemon: Let Commissioner Carollo say what he has to say. And then you tell us when you're done. Commissioner Carollo: Well, thank you, Mr. Chairman.. I'll try to go quickly, because I think I've made my point in this; that I believe that in order for us to be legally, sound, with a balanced budget, there has to be 2 million identified somewhere in that budget, put aside towards that. I'm not saying that the Omni CRA has to pay for it right now, or anything else, while I believe that, legally, we're bound by. I'm not saying that. I'm saying that it's two different things; that to be legally City ofMiami Page 74 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 bound and having a balanced budget, you have to have the money there in the budget. Now, Madam City Attorney, if could ask a minute question, in this whole global agreement, while the -- and to the best of my recollection of what I read -- Bayfront Park Trust that handles the Museum Park was not -- did not sign that agreement, they were the beneficiaries of that dollars, to implement those dollars. So the Bayfront Park Trust does have a stake and a say in this, don't it? Victoria Mendez (City Attorney): They do. But the Bayfront Park Trust is aligned with the City's interest of collecting the money, so -- with knowing that the City would then place that and --for the Bayfront Park's use. Commissioner Carollo: I understand when you're saying, "aligned, " but legally, it not only has a responsibility and obligation, but it also has a legal voice in this dispute. Ms. Mendez: Right: The problem is that Bayfront is not sui juris; like, it cannot be sued and be sued. It's -- it belongs to the City. Commissioner Carollo: What do you mean, "it cannot be sued"? It -- there's plenty of suits there in the past. Ms. Mendez: Right. But it normally comes through the City, because it's a trust of the City. So to the extent that I understand that you may want an additional voice, the -- right now, the City and Bayfront are totally aligned, and the City is representing Bayfront's interests, as well. But I do understand what you're saying with regard to the management responsibilities of Bayfront, and that Bayfront does need to make sure that certain things are brought back to Bayfront's interests. Commissioner Carollo: Okay. Thank you. Let me go now to a couple of things as briefly, as 1 can that Commissioner Russell brought out. He interjected twice on a phone conversation, in his recollection. The first time lie interjected, he said -- and it's in the record -- that, unlike my brother's position that the Trust was obligated -- or something to the effect -- of receiving that money, he said that my brother's position -- the previous Commissioner here -- felt that the Trust should be getting that monev. That's what he first said; and that in the conversation, I differed from that opinion. Then a little bit later in the conversation, he says something different that contradicts what he said originally; that Frank Carollo had agreed to a one- time $2 million deal, and that was it; that he wasn't going to -- expecting any more dollars. So that contradicts itself right there. The -- you know, he couldn't have had both opinions. In my brief conversation with you, Commissioner, it's very different in my recollection of what you're saying. We had a very brief conversation as to getting along, getting to know each other, when I was running. You had expressed be fore that you wanted to speak to nae, and that briefly came up, and I told you that I was not in support of a $2 million playground in the park. I thought it was too much money to spend there. I didn't get into the merits of the monies and everything else with you. Maybe you had that conversation with the Commission here, and you're of or something else. But my recollection of that conversation was very, very different with you. In fact, we barely touched upon the Bayfront Park at all, with the exception q/ 'what I mentioned here. I do know that at the time,, as you expressed the first time you spoke, you were not happy with Frank because of his position at the time of expecting monies to come in. I also do know from my little brother that you were very, very supportive of him, and you had expressed that to him, that he should run for Mayor; that you would support him for Mayor if he ran -- Vice Chair Russell: Incorrect. Commissioner Carollo: -- and you thought that he could win if he ran for Mayor. City ofMiami Page 75 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Vice Chair Russell: Incorrect. Commissioner Carollo: Well, this was expressed to me by him on two occasions. The other part on this whole thing is that I don't know what deals happened at the end or not, but I can say here that I was not part of any deals of making anybody an Executive Director, on changing anything in salaries or benefits so that anybody could be an Executive Director. And I'm beginning to understand more and more the opposition that you had against me being Chairman of the Trust from the onset, from the very first day that I came here. And I'm also beginning to understand why this haste to do away with the Bayfront Park Trust, and it's becoming clearer and clearer. But having said that -- and I just wanted to clear the air on your recollection, because I didn't want it to go unanswered -- we could bring this to a vote right now. I made my position; everybody else could make theirs. I will not vote.for an amended budget that I strongly feel the way that it is, is in violation of State law. If $2 million is found within that budget, I don't care how creative they have to get. I mean, we have solid budget people that can help, including the one .from the City, where 2 million is put aside so that were legally bound by State Statute. That's another story. But the way that it is, I would be voting. for a budget that is not balanced and in violation of State law. Commissioner Reyes: Mr. Chair? Chair Hardemon: Yes. Commissioner Reyes: Mr. Chair, and I know that -- and I -- when I second on the motion to approve the budget, I was under the impression that everything was clear, you see. But 1 know that now there are some questions. And 1 do have a question, and 1 have a question which -- I think that the City could be in danger, also. If by any chance we -- I mean the CRA -- obtained a loan, you see, excluding some information, what I want to propose is that the Independent Auditor just audit the CRA, and they pro -- how they proceed on the loan, and in order for all of us to be clear, you see; that they will come and they audit your budget, see that everything is included, that the application for the loan was correct; and that way, we're going to be safe, okay? Yes. I mean, who do I have to speak with? Chair Hardemon: I would assume -- Vice Chair Russell: You directed our auditor, so. Later Chair Hardemon: Now, I don't know if -- I know that these items can be time sensitive, because they need to move on to the County. I don't know if we need a little bit more time to see if we can make any adjustment to the budget, because I will tell you this: One way that you can get a balanced budget is by amending the budget, making the reflection, and then coming back later and making the adjustment. So for instance, if you have some projects that you consider to be long- term projects that's going to take a little bit of time and more dollars to get there, maybe then you have them -- maybe then you keep them, in your back pocket, knowing that you have -- you want to do those projects. But to get past the hurdle that you may be -- that we're presented with today, until we get the approval of the County and the City to extinguish that debt; maybe then you just kind of put it there; and then, sort of make an amendment at another time to reflect what your intentions are. City ofMiami Page 76 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Vice Chair Russell: It could be a timing issue. And Mr. Chairman, I'd love your advice on this, because it seems this exact board wears two different hats at two different times. And we're in a point right now where we haven't aligned those positions between the two boards, because as CRA Board members, we have moved in a certain direction, with legal backing, with accounting backing. But we haven't made whatever resolution is necessary; an interlocal, which I hear -- you think there's not going to be a sound way to do it. I would like to fond the right way to do it, and I would love to take the temperature of this board and a vote of this board to align with the CRA so we can achieve those objectives and say -- and -- because until we tell our City Attorney and our Financial Department otherwise that we accept the CRA's position on this, their task will be to collect the money. And Commissioner Carollo is right; that's their objective until we, wearing this hat, as City Commissioners, align with the CRA, where we were when we made that decision. And so, I would welcome advice on how to do that most appropriately from a timing perspective and a legal perspective so that we get in line, and then we go to the County unified And I believe we have the means to get there, because they see -- they have a lot of needs they have, as well, and we can negotiate with them, but we need to be in line. Chair Hardemon: Right. Vice Chair Russell: We need to be in line. Chair Hardemon: That s something that -- certainly then, we need to have an item on the agenda for discussion or some action regarding that, but this -- And I want to recognize that what Commissioner Carollo has described. For instance, that's apples and oranges. So what you just stated on the record about us coming into alignment is true, but the accounting issue is a completely different issue. Commissioner Carollo: That's correct. Chair Hardemon: He's saying it is not -- it is just an objective thing that he's looking at, and 1 think he's right. I think he's right, and that's the technical part about it. So if'we could make until then some sort of'journal entry that just reflects that there is an obligation, and then -- I think we can get past this hurdle -- come back and make whatever adjustments, because that's what -- budgets are -- budgets can be amended; that's the great part -- thing about budgets. So -- Mr. Walker: But to answer your question -- Chair Hardemon: -- but you can make it -- but you want it to be legal; you want it to be right. Commissioner Reyes: Yes, sir. Chair Hardemon: Because there are people who don't like CRAB, and I tell you, they may pounce on that sort of'issue; and it may be the County, because, I'll tell you in the County, they -- I would say lean very -- they lean strongly on their Countv Attorney's Office. And the County Attorney's Office routinely does things that are for the benefit of the County, as a whole. And so, they -- this is -- they do look at these things as teams, in the sense of the City is a team, the County is a team, the CRA is a team, and they.fight for their team. They don't look at it and say, "Well, you know, the area is most important, " no, no, no. They want to reflect -- they want their team to win. Commissioner Reyes: Chairman, Igo back to getting the Independent Auditor to -- City ofMiami Page 77 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Chair Hardemon: Have we ever -- about the --you do have audits, don't you? Commissioner Reyes: -- and how do I do that? Mr. Walker: They presented at the last meeting. Chair Hardemon: Right. Commissioner Reyes: Okay. Well, how do I do that? Do I -- a motion? Victoria Mendez (City Attorney): You have to make a motion, because it would be a special assignment. Later... Vice Chair Russell: But we have a motion on the floor, don't we? Commissioner Reyes: I -- yes. So I would retire my second from the previous motion. Todd B. Hannon (City Clerk): And again, that motion was just to either adopt or reject Item RE.6. What Commissioner Reyes, his motion entails, is simply a direction to the Auditor General to -- impact the overall outcome of RE.6. Right now, it's just kind of like a subsidiary motion; we're going to treat it that way. Vice Chair Russell: Fair enough. Chair Hardemon: But he rescinded his second. Commissioner Carollo: Yeah. Mr. Hannon: Now I understand that he's rescinded his second to the original motion Chair Hardemon: Right. Mr. Hannon: -- to pass the item; that I understand. Chair Hardemon: So is there any objection to the motion that he has on the floor? I'm going to acknowledge Commissioner Carollo; then. I'll acknowledge you, Madam City Attorney. Commissioner Gort: Let me tell you, I know we used to say here all the time the discussions are very important, and I think it really is. I think some good ideas come out of it, because we cannot have any doubts -- Commissioner Reyes: That's right Commissioner Gort: -- because, let's face it. Any doubts that exist here -- people love to sue its, and, like the Chairman was stating, people -- there's a lot of'people do not agree with CRA. And we have seen the impact the CRA has made in the Omni, and has made in the Overtown area. So to me, the CRAB are very important, if' they're used (UNINTELLIGIBLE). I agree with, the -- we should get the audit; we should get all the documentation. You have all the documentation you presented with your loan and all that. And when something approved, with all the regulations onboard, then there's no reason for anybody to sue us jor that. Okay? So I agree with the deferral, and I already asked my office to have a meeting with Mr. Guba, City ofMiami Page 78 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 because if you recall, three weeks ago, we asked Mr. Guba that we would like for him to start doing the audit of all the large projects that we have here in the City of Miami. Commissioner Reyes: Yes, sir. Later Chair Hardemon: Now, let's bring our attention to this budget. Should we just continue it to the next meeting, and in between, you know, try to make whatever adjustment that you can make so you can move it through the process? Vice Chair Russell: Yes. Chair Hardemon: I think it's important that we move it through the process so that you have a balanced budget that's proper and that the County can vote on. And then if you need to make any amendments later, you can always do it. Mr. Walker: I just have one question for the City Attorney, because we -- and I know that, you know, this is a awkward way of doing it, but we sought approval.for the amended budget last month at the CRA Board. We're coming here this month to get it from the City. But since last month, we've been working -- because the budget is our map of what we're supposed to do every day -- we've been working on all those agreements: business loans, business incentive grants, home improvement grants. We had a meeting with Rebuilding Together Miami just on Friday to map out the -- Chair Hardemon: Listen, don't make us point on the dais in the budget where you can kind of piecemeal all together. Mr. Walker: Oh, okay. Chair Hardemon: So what I'm saying is that, you know, maybe we should -- Unidentified Speaker: Make it work. Chair Hardemon: -- try to find the time to see if it's there -- it may be there -- Mr. Walker: Got that. Chair Hardemon: -- that doesn't affect your daily workings, so -- Vice Chair Russell: They've been working hard, so they've spent it all. Mr. Walker: It's not there. Vice Chair Russell: It's not there. But -- and we can work from a journal entry point of view or whatever, but I think what's most important is to take a straw poll of this Commission to see whether the will will be there to de -obligate these funds, and that will clear up everything as we move forward. We -- because as long as we're not wearing the -- taking the same position when we wear diff"erent hats, we will be -- we will not be in line and we will create conflict, because the CRA is trying to approve objectives, and then when we get here, ij' we change our mind, it's going to be difficult. So, you know -- Commissioner Carollo: This is a -- Vice Chair Russell: -- I'll bring a resolution to de -obligate -- City ofMiami Page 79 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: I'm going to Vice Chair Russell: -- the funds from the City, and based on the legal and accounting arguments that have been made at the CRA's level, but I got to know if the Commissioners are still in support of doing that. Commissioner Carollo: Well, I'm going to invoke the five-day rule. This is not on the agenda. And -- Commissioner Reyes: That's right. Commissioner Carollo: -- let me explain why. First of all, I think that we have to give the Auditor General on the motion that was passed before adequate time to go through that before a motion like that could be contemplated. Secondly no -- Vice Chair Russell: I'm not -- I didn't make the motion Commissioner Carollo: Well, but I'm just letting you know, Commissioner. Commissioner Reyes: Yeah. Commissioner Carollo: Secondly, look, in fairness, you can't bring this back at the next meeting in June, just a couple of weeks. There's no way the Auditor General is going to have enough time to go through five years in an audit. You got to wait at least until the end of July; give him a little leeway. And I'm assuming that we still break in August. It's been so long since I've been here that 1 don't know anymore when, you know, we break. But otherwise, I would have said, you know, August. But at least until the last meeting in July, we should give the Auditor General the opportunity. If he needs to go into September, then he needs to come back and tell us; and that, 1 think, will give us a clear path of how this Commission would like to go -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- once the Auditor General is done. Commissioner Reves: And I want to add we also have to make sure that -- of the legality of (UNINTELLIGIBLE), if we could do it or what will be the consequences. Well, it have to be analvzed. Mr. Walker: This keeps -- Mr. Chairman, this keeps coming up. I just want to rest assure to everybody that's listening and watching us that when we presented those documents for approval to this board of that loan, every document was included, every disclosure was included, every liability was included. We paid $50,000 to attorneys to make sure that this thing was done right. So just to be -- and they came and they spoke before this board, and made their disclosures before this board every single time that we came to this board for approval of that loan; just so that is clear. Commissioner Carollo: Jason, and for the record, I wasn't even appraised of that until this meeting. I didn't get into that. My issue was very limited to what I stated, so. Vice Chair Russell: Commissioner Gort. Commissioner Gort: Let me tell you, we had two new members that have not been to the meetings; they're not aware of it. And in putting your documentation together, City ofMiami Page 80 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 we meet with them. I think you should have the minutes of all the meetings that have taken place or certain improvements have taken place at that time, and the minutes from the City Commission where those were approved, also. In this, you're being -- you're bringing everything very clear, and they have a better understanding. Now you also need to understand the reason why we changed the -- some of the changes were made from using the funds to be used in the park instead of the -- instead of using it where it should have been used in the past. At the same time, if you recall -- and it goes back; I can't recall who the persons were -- but there was a nationwide organization that's willing to run parks, and they pay for it, and they take care of Museum Park. It's -- Vice Chair Russell: Conservancy. Commissioner Gort: -- very -- conservancy. That's something maybe we could look at, so. Vice Chair Russell: Well, they wanted the CRA to pay for it, though. That conservancy did come to us, and that's -- that was part of why the park was never built out to the extent that it was. But what I -- what we can't have is that the work stops in the CRA . for a five year audit. If -- and I need to understand from the Executive Director, because if we need to make some sort of line item, journal, something to be able to move forward, we need to do that, because the -- we have work to do, and we are sound, and we are legal, and all the documentation is there; granted, the two Commissioners weren't there before. But we've been having CRA meetings_for the last six months while they were here, and we've been taking votes on these issues. We have -- I'd like to find a way, whether -- not at this meeting, but the next meeting -- to pass a amended budget so the work doesn't stop. Commissioner Carollo: Commissioners -- Chair Hardemon: Mr. Vice -- may I say something? Commissioner Carollo: Yeah, sure. Chair Hardemon: Mr. Vice Chairman, in the budget -- in this budget, there are resolutions that have directed staff on how money can be spent, and there are also entries where there are no resolutions that identify money that is intended to be spent in that sort of direction. If there are dollars that are available for things that the board is going to see fit to be spent, but there's no resolution, so no authority to spend, you can use those entries to balance the budget in a wav that will pass the muster here. If you look through the budget, find those items, and then make the accounting entry there, then this thing movesforward; perfectly simple. Vice Chair Russell: In one month. Chair Hardemon: They can do it now. Commissioner Gort: Sit down with your Finance Department; they can tell you. Chair Hardemon: They can do it now. Mr. Walker: It's not there. I mean, we could do it now. I'd love to do that exercise now. Vice Chair Russell: All right. Shall we table the item? Mr. Walker: No. I mean, I think you should get a vote, if we can get a vote. City ofMiami Page 81 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: Mr. Chairman? Chair Hardemon: Mr. Executive Director: Mr. Walker: Yes, sir. Chair Hardemon: I'm just reading what I have here. I think you should take the opportunity -- we can move to a different item -- and just see what it is that we're trying to describe. And I think that if you do that, then we should be maybe able to move past this. Mr. Walker: But I'm going to -- but with all due respect, sir, are we talking about 2 million, or are we talking about 6 million? 2 million? Chair Hardemon: Look, the way that I see it, you have room for 6. You have it; you have it here, unless what I'm seeing here isn't what's really here. But if you're saying this is it, you can do it. You can make the journal entry. Mr. Walker: Then I'd love to -- Chair Hardemon: Okay. Mr. Walker: -- meet with you to see how we can do it. Vice Chair Russell: Well, let's -- Mr. Walker: But -- Vice Chair Russell: -- do it today, if we can. When we have time, let's do it today. Commissioner Reyes: Don't we have a motion on the floor for an audit? Chair Hardemon: No, that's done. Vice Chair Russell: Itpassed; that passed. Commissioner Reyes: That's done? Commissioner Gort Yeah. Commissioner Reyes: Okay. Because I won't vote in anything until I get that audit and until I review all the entrances [sic] and all that what has been done, because I want to know what are all the obligations of the CRA that we have entered when I was not here, you see, and ifI had been here, I would have been against it, like most of us, okay? And I just want to have -- I mean a clear conscience when I vote, and a full understanding what I'm voting, for; you see. Mr. Walker: The audit was -- Commissioner Reyes: I'm not ready to vote for anything now. Mr. Walker: The -- just to be clear again, just to be clear, our audit was presented to this board last month. There's already an audit, independent audit done. It was presented to the board last month. All the board members have a copy of 'it. So we could start there, and the Auditor General could start there with this year's independent audit, which, you know, is there. City ofMiami Page 82 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: Can I say something real quick, Mr. Chairman? Vice Chair Russell: So that should make it quick. Commissioner Carollo: Jason, I want you to understand -- Mr. Walker: Yes, sir. Commissioner Carollo: -- that at no point am I putting -- Mr. Walker: I know. Commissioner Carollo: -- your integrity at question. I think you're an honorable individual. I think you know that. I've known your. family. for a long time, and at no point in time am I putting anything in question, that you've done anything wrong. So I want to make it clear so there is no mistake in your mind -- Mr. Walker: Yes, sir. Commissioner Carollo: -- or in anybody else's mind. All the other stuff that came up here came up after my initial question; mine was very simple in what I was asking for. I think the Chairman has tried to be creative, and, you know, that's valid in what he's saying in moving dollars around. But I do think that it would be wise for both the CRA andfor us up here to maybe bring this at the next meeting so that he sits down with accountants, put the right entry, makes it double -safe so that something is not put on wrong, and then he looks bad, we look had. There's no need to rush one more meeting so you give him the opportuniiv with the accountants -- Mr. Walker: No, 1 think 1 -- Commissioner Carollo: -- to do it absolutely right. Chair Hardemon: I think you're right. I think -- and I just thought about it also, that Commissioner Carollo: Yeah. Chair Hardemon: -- you know, you may need the action. of the board to make the true amendment to be you here, so you would then -- maybe the next meeting would be the best time to make the change so that you can have an action by the CRA Board, and then have an action by the Miami City -- Commissioner Carollo: Yeah. Chair Hardemon: -- Commission on that one -- only one thing. Mr. Walker: Yes, sir. Commissioner Carollo: Lastly -- Mr. Walker: That's the way it would have to be done. Commissioner Carollo: Yeah. Lastly, if'I could say this: I know -- I'm sure that all your actions have either been actions that have beenn approved by the board or have been under the instruction of ' the Chairman. So I have no doubt on any of ' your City ofMiami Page 83 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 actions in doing anything on your own on anything having to do with the CRA, so I Just wanted to say that for the record, Jason. Mr. Walker: Thank you, sir. Vice Chair Russell: In that case, my motion to approve RE.6 will be changed to a motion to defer RE. 6 to the next meeting. Commissioner Carollo: Second. Chair Hardemon: All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: That motion passes. Commissioner Carollo: Thankyou, Commissioner. Vice Chair Russell: And Commissioner Carollo, for the record, Frank and I never did come to a meeting of the minds. We shook hands. What he.felt we shook hands on was a little diffcrent than what I felt we shook hands on. I released the 2 million, and he felt there was more to come. Commissioner Carollo: Thank you. Vice Chair Russell: But we -- that's where we were haggling. Commissioner Carollo: Okay. Vice Chair Russell: But that's just to clarify that inconsistency that you mentioned. Commissioner Carollo: I thank you for those words, but if you look at the minutes this is the third time you've brought that up, and each one -- Vice Chair Russell: Yeah. Commissioner Carollo: -- you've changed the story. Vice Chair Russell: No, no. It makes sense. Commissioner Carollo: It's on the record Vice Chair Russell: It makes sense, and it's on the record. Commissioner Carollo: Okay. City ofMiami Page 84 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 RE.7 RESOLUTION 4056 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), ADDING CAPITAL PROJECTS TO THE FISCAL Management and YEAR 2017-18 MULTI-YEAR CAPITAL PLAN ADOPTED WITH Budget MODIFICATIONS ON SEPTEMBER 19, 2017, PURSUANT TO RESOLUTION NO. 17-0445 AND AS SUBSEQUENTLY AMENDED ON SEPTEMBER 28, 2017, PURSUANT TO RESOLUTION NO. 17- 0475, ON OCTOBER 12, 2017, PURSUANT TO RESOLUTION NO. 17-0489, ON NOVEMBER 16, 2017, PURSUANT TO RESOLUTION NO. 17-0541, ON FEBRUARY 22, 2018, PURSUANT TO RESOLUTION NO. 18-0071, ON APRIL 26, 2018, PURSUANT TO RESOLUTION NO. 18-0176, AND ON MAY 10, 2018, PURSUANT TO RESOLUTION NO. 18-0194; REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING AND RE -APPROPRIATING FUNDING FOR THE EXISTING AND ADDED PROJECTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS IN PROGRESS. ENACTMENT NUMBER: R-18-0247 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE. 7, please see "End of Consent Agenda. " END OF RESOLUTIONS City ofMiami Page 85 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 BC - BOARDS AND COMMITTEES BCA RESOLUTION 3684 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR Clerk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: RESULT: NO ACTION TAKEN Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes City ofMiami Page 86 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 BC.2 3685 Office of the City Clerk BC.3 4251 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes 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. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell City Manager Emilio T. Gonzalez City ofMiami Page 87 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 BCA RESOLUTION 4252 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE CIVIL SERVICE BOARD FOR A TERM AS Clerk DESIGNATED HEREIN. APPOINTEE: Rafael Cabrera ENACTMENT NUMBER: R-18-0250 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes NOMINATED BY: Commission -At -Large Chair Hardemon: All right. Let's do this: Let's move into our -- we have about -- Commissioner Carollo: Can we -- Chair Hardemon: -- 19 minutes left for boards and committees. Commissioner Carollo: --just ask for a two -minute break? 1 have to do something that no one else could do for me; just two minutes. I'll be right back. Chair Hardemon: Do you mind ij'we handle the boards and committees? Commissioner Carollo: Excuse me? Chair Hardemon: Do you mind if we handle the boards and committees? Commissioner Carollo: Oh, the boards and committees? No, no, that's fine. Go ahead. Chair Hardemon: Okay. So we'll handle the boards and committees -- Commissioner Carollo: Yeah. Chair Hardemon: -- while he's on break. Commissioner Carollo: Yeah. Excuse me. Vice Chair Russell. Mr. Chairman, there was ann item within Boards and Committees, and I've talked with the Clerk, regarding BC. 6; Commissioners as members of boards. And there is a hope to dejer that item indefinitely, as the Clerk is on second reading next month with an item that would align all of our chairmanships on an annual basis so that the June changes wouldn't come up. That would lock Commissioner Carollo in with his Bayfront Park Trust chairmanship City ofMiami Page 88 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 until December. That would allow us to pass on second reading the change that the Clerk is asking for. All boards would stay as are right now. Commissioner Reyes: What are we talking about? Vice Chair Russell: BC.6, where chairmanships -- Commissioners as chairmen [sic] of boards. Commissioner Reves: BC 6. Chair Hardemon: So let's do this: Let's handle everything besides the BC 6 for now. Vice Chair Russell: We should have all of its here for that. Chair Hardemon: Right. Vice Chair Russell: Yeah. Nicole N. Ewan (Assistant City Clerk): Thank you, Chair. BC.4, Civil Service Board: There is one at -large seat vacancy. There are three names proffered. Commissioner Carollo is proffering Anthony Thurston; Commissioner Reyes is proffering Rafael Cabrera; and Chair Hardemon is proffering Travis Lindsey for the seat. Chair Hardemon: So if we remember, this is the seat that -- when we made two appointments on the board a few meetings ago. The third appointment, 1 asked that 1 could come and make an appointment, because the person that 1 traditionally appointed was that seat, so 1 was always appointing someone for that seat. And so, instead of reappointing her -- she's a police officer -- I want to appoint a different police officer to have representation on that board. Commissioner Reyes: There is one that is also open? Chair Hardemon: It was only one. It was only one open; and so, at the meeting that we last discussed it, I asked the board not to take action on that one, because that was traditionally, you know, a seat that was appointed by my district. Commissioner Reyes: But I don't have -- I meat, I only have one person appointed to that board. Ms. Ewan: I'm sorry, Commissioner; say that again. Commissioner Reyes: I mean, that means that my appointment will -- Ms. Ewan: There is one at -large seat. Chair Hardemon: So there were -- at first, there were three at -large seats. Commissioner Reyes: That's right. Chair Hardemon: And we made appointments of two people to the -- of those three seats. Commissioner Reyes: Right. City ofMiami Page 89 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Chair Hardemon: Instead of appointing the third seat, which is a seat that traditionally had been appointed by my office -- well, it at least the first time I was here -- Ms. Ewan: The last appointment was proffered by your office. Chair Hardemon: Right. Commissioner Reyes: That's right. Ms. Ewan: Correct. Chair Hardemon: So what I was hoping was that we could continue and appoint for that seat. Commissioner Reyes: And I --yes, sir Commissioner Gort: No, no. Commissioner Reyes: And I was hoping that I could, for that seat, appoint Mr. Cabrera, you see, because I want to have somebody there that -- Chair Hardemon: Well, who -- may 1 ask, can you tell its what the composition of the body is now? Ms. Ewan: There are five members on the board,- two are elected; three are appointed. Your two at -large seats were appointed at the last meeting that we addressed this item. Commissioner Reyes: That's right. Chair Hardemon: What -- Commissioner Carollo: What item is this? Commissioner Reyes.- BC6. Chair Hardemon: -- and do we know who made the recommendations for -- Commissioner Reyes: Appointing -- Chair Hardemon: -- those two positions? Ms. Ewan: Yes. The last at -large seat position, I believe there was a proffer by both District 2 and District 3, and the other one, as well. Chair Hardemon: Okay. And -- you're right. I'll help you. I'll help you. Commissioner Reyes: You see, that's -- okay, thank you -- Chair Hardemon: I'll help you. Commissioner Reyes: -- very much, sir; and I'm appointing Mr. Cabrera -- Commissioner Gort: Second. Commissioner Reyes: -- to the seat. City ofMiami Page 90 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: Second. Chair Hardemon: Any further discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. BC.5 RESOLUTION 4253 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS Clerk AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Commissioner Manolo Reyes Commission -At -Large City ofMiami Page 91 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 BC.6 RESOLUTION 4256 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE MAYOR AND Office of the City MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE - Clerk CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: of the Bayfront Park Management Trust of the Downtown Development Authority of the Midtown Community Redevelopment Agency of the Omni Community Redevelopment Agency of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS VICE CHAIRPERSON: of the Midtown Community Redevelopment Agency of the Omni Community Redevelopment Agency of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS MEMBER: of Florida League of Cities of the Greater Miami Convention and Visitors Bureau of the Miami -Dade County League of Cities of the Miami -Dade County Tourist Development Council City ofMiami Page 92 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 of the Miami River Commission MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Nicole N. Ewan (Assistant City Clerk): And Commissioners, we do need to address BC.6. We are asking for -- Chair Hardemon: Yes. Ms. Ewan: -- an indefinite deferral of that item until we address the second reading ordinance to align this item with elections in December. Vice Chair Russell: I'll move it. Chair Hardemon: Been properly moved. Commissioner Carollo: Which one now? Ms. Ewan: This is BC 6. Commissioner Carollo: BC. 6, which is that on? Chair Hardemon: BC. 6. Ms. Ewan: This is the annual review of'Commissioners as members of boards. Commissioner Carollo: Okay. Chair Hardemon: From the Clerks Office, actually. Commissioner Carollo: When do we usually take that up inn the past? Ms. Ewan: It's usually done in June. When you do have an election, we address it in. December. Commissioner Carollo: Okay. Ms. Ewan: We are trying to pass the second reading ordinance to align this -- Commissioner Carollo: Okay. Ms. Ewan: -- so that it is only addressed in December, so that we have some -- Commissioner Carollo: All right. Ms. Ewan: -- consistency. Commissioner Carollo: Okay. City ofMiami Page 93 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Vice Chair Russell: It's been moved. Chair Hardemon: It's been properly moved and seconded to defer it indefinitely. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Commissioner Carollo: This afternoon, Chairman -- Vice Chair Russell: We breaking. for lunch? Chair Hardemon: Yeah. 2 o'clock; come back at 2. Commissioner Carollo: Could we make it 2:30? Commissioner Gort: What time? 3? Chair Hardemon: That's. fine. Commissioner Carollo: 3 is even better. Chair Hardemon: You all are making the day longer. 1 don't -- I know -- I want you all to know that. Vice Chair Russell: I'm ready for 2:30. Chair Hardemon: You're making the day longer. So 2:30 or 3; it's up to you. Commissioner Gort: Whatever the majority decides. I don't have any problem. Commissioner Reyes: I mean, I -- Chair Hardemon: Huh? Commissioner Reyes: -- I'm game; whatever you say, man. Vice Chair Russell: 2:30 is fine. Commissioner Reyes: Whatever you guys suv is fine. Chair Hardemon: 2:30. Commissioner Carollo: Okay. Chair Hardemon: 2:30. This meeting is in recess. Commissioner Carollo: Thank you. Commissioner Reyes: Thank you, sir. City ofMiami Page 94 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 BC.7 RESOLUTION 4254 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI COMMUNITY ADVISORY Clerk BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: CONFIRMED BY: Eduardo Pereira Commission -At -Large ENACTMENT NUMBER: R-18-0251 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Nicole N. Ewan (Assistant City Clerk): BC.7, Community Advisory Board: The board is requesting confirmation of Eduardo Pereira. Chair Hardemon: Is there a motion? Commissioner Carollo: There's a motion. Chair Hardemon: All right. It's been properly moved and seconded. Any further -- Commissioner Reves: Second. Chair Hardemon: -- discussion? Hearing none, all in favor, say "ave. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City ofMiami Page 95 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 BC.8 RESOLUTION 4060 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS Clerk AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes RESULT: NO ACTION TAKEN City ofMiami Page 96 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 BC.9 RESOLUTION 4255 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN Clerk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo City ofMiami Page 97 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 BC.10 RESOLUTION 4257 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS Clerk AS DESIGNATED HEREIN. APPOINTEES: (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: Chair Keon Hardemon Commissioner Joe Carollo Commissioner Manolo Reyes City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City ofMiami Page 98 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 BC.11 RESOLUTION 3855 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD Clerk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes IAFF FOP AFSCME 1907 AFSCME 871 RESULT: NO ACTION TAKEN City ofMiami Page 99 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 13C.12 RESOLUTION 3856 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS Clerk DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo City Manager Emilio T. Gonzalez RESULT: NO ACTION TAKEN 13C.13 RESOLUTION 1599 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR Clerk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN City ofMiami Page 100 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 BC.14 RESOLUTION 4258 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL Clerk PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: Lynn Lewis (Citizen — Category 7) Jordan Trachtenberg (Architect or Architectural Historian - Category 4) Andrew Rasken (Business/Finance/Law - Category 6) Gabriel Lopez (Historian or Architectural Historian - Category 3) ENACTMENT NUMBER: R-18-0252 F—moTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes NOMINATED BY: Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Joe Carollo Commissioner Joe Carollo Nicole N. Ewan (Assistant City Clerk): BC.14, Historic & Environmental Preservation Board: Commissioner Gort is requesting reappointment of Lynn Lewis and Jordan Trachtenberg. Commissioner Gort: Move it. Ms. Ewan: Commissioner Carollo will be appointing Andrew Rasken and Gabriel Lopez. Commissioner Carollo: Okay. Commissioner Reves: Move it. Commissioner Carollo: Second. Chair Hardemon: All in favor; say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion approved City ofMiami Page 101 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 BC.15 RESOLUTION 4064 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR Clerk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Chair Keon Hardemon RESULT: NO ACTION TAKEN BC.16 RESOLUTION 4259 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' Clerk OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Commissioner Manolo Reyes City ofMiami Page 102 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 BC.17 RESOLUTION 4260 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY Clerk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Manolo Reyes FRESULT: NO ACTION TAKEN BC.18 RESOLUTION 4081 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Office of the City APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE OFF-STREET Clerk PARKING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marlon Hill Off -Street Parking Board (At -Large Appointment) ENACTMENT NUMBER: R-18-0253 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Reyes NAYS: Carollo Nicole N. Ewan (Assistant City Clerk): BC.18, Off -'Street Parking Board. The Off= Street Parking Board is requesting confirmation of'Marlon Hill. I am submitting at the board's request the executed copy of the resolution passed by the Off Street Parking Board confirming -- appointing -- reappointing -- excuse me -- Marlon Hill. Commissioner Gort: Move it. City ofMiami Page 103 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Commissioner Reyes: Second. Commissioner Carollo: If I could ask the board far discussion? And let me tell you why I'd like to defer this item. I think we've all seen that the voters have made a wise decision in having term limits, and it's basically across the board. We should also have certain term limits in key boards like this. What I've seen is that, for the most part, the members of the Off -Street Parking Board have been there for years and years and years and years and years, and I think that -- I mean, I don't know who this gentleman is. Pin sure he's a fine, outstanding board member, but I think if we, ourselves, are term limited, and we have term limits everywhere you look that we should request of them, and we shouldn't appoint any additional board members here until term limits are implemented now. And I'm -- there's scores of good, outstanding citizens that can go in that board. But I think we should consider that in this -- you know, 20 percent of the opinion up here, for whatever it's worth. So I'd like to defer this, if it's possible, for those reasons, and we do somethingofficially in the next meeting, requesting of them to bring back recommendations for different people, new board members that haven't been around for a decade and a half, two decades in that board The previous appointment that came up that they asked us to do, I went along with it, because he was a new board member. He had served just a very short time -- six months, seven months -- I don't know what it was -- and he was new. But you need to refresh --and particularly aboard as key as this --you need to refresh the people. So that's just a -- Commissioner Gort: Mr. Chairman? Commissioner Reyes: Following on what Commissioner Carollo said, what I'm reading here says that the board had a duly noticed public meeting on June and reappointed -- whoever it was -- who I don't know --for a term of five years. 1 mean, Mr. -- Ms. Ewan: It is a five year term. Commissioner Reyes: It is a five year term? Hmm, that is -- Commissioner Carollo: How many years has he served in particular? I think there's like 17 or something like that. It's been a long time. Could you confirm for us? Ms. Ewan: Sure, Commissioner; one minute. 16 years. Commissioner Carollo: Yeah, pretty close. And you got others that'll be coming up in the near future that have served even more than he has. So, you know, again, I don't know the individual. I'm sure he's done a fine job while serving there, but it's not the point. The point is that we need to establish a policy. They have a right to give us nominations. We have a right to approve them. We also have a right to let them know that this will be our policy from here on; that we don't want people that are brought to its for re -nomination if they have had more than 'X" amount of'years. In this case, instead of' ur years, there's -- it's five. You might want to limit it to, you know, no more than 10 years. Commissioner Reyes: I have a question, and excuse my ignorance. The other boards, we appoint the -- or our appointees, they serve until the new Commissioner, or they, are reappointed every year? Ms. Ewan: Right. And I will defer to the City Attorney's Office. This Off Street Parking Board is in the Charter. It has a specific -- City ofMiami Page 104 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: Yeah. And -- Victoria Mendez (City Attorney): Though -- it is in the Charter; however, it clearly says that the -- it's -- the appointment is subject to a confirmation by the City Commission. Commissioner Reyes: Yes. Commissioner Carollo: And that's -- Commissioner Reyes: But I'm talking about -- Ms. Mendez: So they appoint -- Commissioner Reyes: -- the time. Ms. Mendez: Oh, the timeframe. So their -- it says that they hold office for different time periods, but any time thereafter, they shall be appointed for a term of five years, as herein provided So at first, the appointment can be for two years, then three years, and some can be. for. four some. for five. Commissioner Reves: 1 don't know. I think that five years -- appointment five years in a -- in any board -- I don't care which board is it -- it is too long of an appointment. And as a matter of fact, when there is a new election, there is a new Commission, new philosophy that comes in, I mean, and there is no way of changing. Commissioner Carollo: Even though this is a little different, because it's a Charter - Commissioner Reves: Yes. But --I don't know. Commissioner Carollo: I assume -- Commissioner Reyes: I don't know. I was thinking about it. Commissioner Gort Mr. Chairman? Vice Chair Russell: Commissioner Gort. Commissioner Gort: Being the old mann here, and being -- first time I ever got elected, I was elected city -- Commissioner Reves: You mean the historic person? Commissioner Gort: Historical. I'm a historic preservation, that's for sure. I served -- my first time, I served citywide. And then, we had to go to court, we had to create the districts, and the district functions as it functions. But citvwide, when we all were citywide, we were at the City as a whole, and made sure that every neighborhood in the City would stay well. When it comes to the term limits, I think that was a mistake, because we lose a lot of historical knowledge, which is so important. I mean, you go right here, right now, people are moving away from -- they're retiring. And sometimes, you ask question, and we have to go way back, because the historical knowledge is not there. If you have an individual that have served well -- and we have them here -- I mean, the -- Commissioner Russell tried to pass the one that the -- you cannot serve more than 'X" amount of ' terms, but we have people that have through right here, sitting here, they have been serving for a City ofMiami Page 105 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 while, and they're doing a hell of a good job. Why should we do away with them? And that's the reason why I made the motion. Chair Hardemon: Well, and I'll tell you, that's the -- Commissioner Reves: No, I asked that -- but that -- let me correct this. I don't mind term limits. What I mind is the amount of time that you appoint it, that you can be reappointed. But an appointment for five years, I think is a little too much. Chair Hardemon: So, you know -- Commissioner Reves: We are not elected for five years; we're elected for four. Commissioner Gort: Eight. Chair Hardemon: The reason I keep -- Commissioner Reyes: Well, two -- Commissioner Gort: If you're doing a good job, you get a second term. Commissioner Reyes: Well, I don't know,- I'm trying my best. Chair Hardemon: -- James around is for his historical knowledge. James has been around for a very long time; my Chief of Staff But I -- look, I'll tell you, 1 was under the assumption that there were term limits built into this job, into that particular board. And it does not appear that there are term limits in that board. So basically, this is about reappointing someone back to a position. And so, you know -- and 171 tell you this: Commissioner Carollo, if there are term limits, it's like -- it's split. I've seen people say they love term limits; and then, some people say, "You know, I" -- Commissioner Carollo: You're right, you're right. Chair Hardemon: -- "we need someone with some experience. " Commissioner Carollo: Well, arguments are both ways. Chair Hardemon: Right. Commissioner Carollo: I understand. Chair Hardemon: And I think that any orator worth his weight can make the arguments both ways. I know that Mr. Marlon Hill, he is here with us, and he's served. And one of the things, besides what Commissioner Gort put on the record about historical knowledge that I get a little worried about is representation. You know, he's a lawyer, he's well astute, he's someone that's been on this board before; and he happens to be African American, as well, you know. He's Ba -- he'd probably say he's Bahamian, or something like that, or Jamaican or something. I think he's Jamaican; that's what it is. But he's a person of'color, and that's something, as well. And so, you know, these sorts of boards -- I consider these boards to be flagship boards, and we need capable people on them. And I do believe that you are correct whenn you say that there are lots of'people in the City, ofMiami that can fill that spot. And so, you know, where I am with this is, had this been a board that says there are term limits, and then we need a 515 waiver, thenn it's clear where this would go -- right? -- because I know that Commissioner -- I mean., our Vice Chairman -- and when he came into the board, he spoke to that issue. V don't like to see five" -- 7 don't like to see someone being extended beyond their term limit, " about the 515 City ofMiami Page 106 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 waiver. And it was tested, and he exercised it at times, I believe; and at times, he has not exercised that. And so, considering that this is not one of those moments where it's a 515, and this is just merely an approval for someone to go on the board, I'm more -- and I'm just speaking from my position -- acceptable of moving forward with the appointment, as it is. Now, it's up to this board for the term limit. Commissioner Carollo: Its, a policy decision that you're -- Chair Hardemon: Right. It's up to the board for the term. Commissioner Carollo: Yeah. Chair Hardemon: And that's something that, you know, we can have -- Commissioner Carollo: Okay. Chair Hardemon: -- further discussion about. But just like with this last appointment that we just had, look, that's a seat that I saw that we were -- I had been appointing for the last five years. And, you know, Commissioner Reyes said to me, you know, "I've never made an appointment there. I've never had anyone that I believe represents my district and my interests that has been appointed there. " And I said to him, "You're right. You're right. " Commissioner Carollo: Your points are well taken. We could agree to disagree cordially, like this. So it's really a policy decision. Sometimes, we're in agreement" sometimes, we're not in agreement. You know, I have no problem in moving forward on this. I'll address my view, like I have, and -- Chair Hardemon: Is there a term that you would be more agreeable with? Commissioner Carollo: Like, I feel that for a position like this, 10 years is a long time. They're -- IfI could get it on the record, how many board members are there? Ms. Ewan: On Off -Street Parking, there are five members. Commissioner Carollo: There are only five members? Ms. Ewan: Yes. Commissioner Carollo: Okay. Somehow, I thought there were more, but maybe -- The previous board member that we approved is also African American. So Afizcan Americans are well represented in that board, so that's not the issue; that you would be left without an African American on the board. The -- I just think that we need to establish some kind of policy, at least, if -- cut the terms -- or let them know that we're only going to agree to appointments for two years, 'X" amount of years. Five years is a long time. By the time that he will be done, then he would have over 21 years that he was there. Chair Hardemon: So would you be amenable -- I'm assuming,, then, we could make a decision to make this -- Commissioner Carollo: Yeah. Chair Hardemon: -- a two year appointment and not a five year appointment. Commissioner Carollo: Yeah. I would be amenable to that,- make it a two-year appointment; and that, from here on, they know that we're only going to approve City ofMiami Page 107 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 individuals for two years at a time. The State reps, they all run two years. So many positions that you have are two year positions. Commissioner Gort: I know. Chair Hardemon: I'm -- we're not -- I don't want to make a policy decision changing whether or not we can do five, 10, or whatever. I was just describing if it was amenable for this appointment for it to be two years. If -- and that's also up to the mover and the seconder, as well, so. But what would you like to say, Madam City Attorney? Ms. Mendez: The problem is that -- and I believe -- and the Clerk can confirm -- it appears, per the Charter -- and I don't think we have a Code section that addresses the terms. for them -- it appears that the initial appointments can be two years, some - - which are the appointments that have been two years and.four years, as it says in the Charter; or has anybody that has been appointed those times before, now they get five years. Ms. Ewan: Has been five years, correct. Ms. Mendez: So that's what -- because the Charter, as it reads, is that it shall appoint the members of the board; two of them hold office.for a term of two years; two to hold office for a term of three years; one to hold theoffice for a term offour years; and thereafter, each member shall be appointed_for a term of five years, as herein provided. Commissioner Carollo: Well, that's very clear to me -- Commissioner Reyes: That's what itis. Commissioner Carollo: -- and I think, to the Chair, it's five years, per Charter -- Chair Hardemon: Five years, yeah. Commissioner Carollo: -- unless you would like to put another Charter amendment Chair Hardemon: Yeah (UNINTELLIGIBLE). Commissioner Carollo: -- which I wouldn't mind -- so that they become terms for two years. Even if they wanted to agree that it be two years, I don't believe that they could do it, because the Charter says five years. Chair Hardemon: The Charter says five. Commissioner Reves: That's right. Chair Hardemon: So it's up or down. So it's been properly moved and seconded. Any further discussion on it? Hearing none, all in favor of'the motion, say "aye. " Commissioner Gort: Aye. Vice Chair Russell: Aye. Commissioner Reyes: Aye. Chair Hardemon: All against? City ofMiami Page 108 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: Nay. Chair Hardemon: Motion carries. BC.19 RESOLUTION 4261 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD Clerk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Joe Carollo Commissioner Manolo Reyes City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez RESULT: NO ACTION TAKEN BC.20 RESOLUTION 4092 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD Clerk FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Alex Dominguez ENACTMENT NUMBER: R-18-0254 NOMINATED BY: Commissioner Joe Carollo City ofMiami Page 109 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: The -- Let's move on to the next one. Nicole N. Ewan (Assistant City Clerk): BC.20, Planning, Zoning & Appeals Board: Commissioner Carollo will be re -- appointing Alex Dominguez. Commissioner Carollo: So move. Chair Hardemon: Seconded by the Chair. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. BC.21 RESOLUTION 4262 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE SEA LEVEL RISE COMMITTEE FOR TERMS AS Clerk DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Joe Carollo Commissioner Manolo Reyes City Manager Emilio T. Gonzalez City ofMiami Page 110 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 BC.22 3692 Office of the City Clerk BC.23 3693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE SENIOR CITIZENS' ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large City ofMiami Page 111 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 BC.24 RESOLUTION 3476 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD Clerk (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gori Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes FRESULT: NO ACTION TAKEN BC.25 RESOLUTION 4263 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM Clerk AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mayor Francis Suarez RESULT: NO ACTION TAKEN City ofMiami Page 112 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 BC.26 RESOLUTION 1603 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR A Clerk TERM AS DESIGNATED HEREIN. APPOINTEE: Harold Braynon, Jr. ENACTMENT NUMBER: R-18-0255 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes NOMINATED BY: Commissioner Manolo Reyes Nicole N. Ewan (Assistant City Clerk): BC.26, Virginia Key Beach Park Trust: Commissioner Reyes will be appointing Harold Braynon, Jr. Commissioner Reyes: Move. Commissioner Gort: Second. Chair Hardemon: Properly moved; seconded. Commissioner Carollo: This is Virginia Key Park Trust? Ms. Ewan: Beach Park Trust, correct. Commissioner Carollo: Can I make an appointment from up here; Gustavo Godoy? Ms. Ewan: Absolutely. Commissioner Carollo: I think he's a present board member. Ms. Ewan: Correct. He requires a S/S term waiver. Commissioner Carollo: Okay. Well, he's been there 10 years? Ms. Ewan: 14 years. Commissioner Carollo: Withdraw. Withdraw. Ms. Ewan: So I have a motion for -- Commissioner Reyes is appointing Harold Braynon. Commissioner Gort: Move it. Vice Chair Russell: Second. City ofMiami Page 113 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Chair Hardemon: Properly moved and seconded. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion carries. BC.27 RESOLUTION 4264 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR Clerk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES City ofMiami Page 114 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 4127 DISCUSSION ON THE STATUS OF HIRING POLICE OFFICERS. Department of Police RESULT: DISCUSSED Chair Hardemon: So we have some discussion items that are left on the agenda, and that's -- and that will -- well, the discussion items, after we finish them, will conclude Commissioner Gort: That's it. Chair Hardemon: -- today's agenda. We have some discussion items, but that's the only thing holding us back. Commissioner Gort: Yeah. My granddaughter's birthday, so. Chair Hardemon: But 1 started this meeting off saying, the shortest ones are always the ones that cause its the most time. Vice Chair Russell: 1 think (UNINTELLIGIBLE). Chair Hardemon: So DL 1. Vice Chair Russell: Can we do S first? Chair Hardemon: Status of hiring police officers. Sir, I need you to state on the record that that is the -- you are the person that is -- that is the name badge of the person that you are (UNINTELLIGIBLE). Eldys Diaz: Yes. My name is Eldys Diaz, Executive Officer to the Chief of Police, City of Miami Police Department -- Chair Hardemon: Thank you very much Mr.Diaz.- -- 400 Northwest 2nd Avenue. So I'm here before you this afternoon to present the second quarter of 2018's update on Police Department hiring and staffing. As of the close of 'May of this year, we had 62 sworn vacancies. Since the close of May, we've hired 13 additionalofficers, which, brings us down to 49 vacancies. It should be noted that 31 of those vacancies were actually created as new positions over that last quarter, so we've added 31 total positions to the Table of Organization for the Police Department. There are only two members of the department who are required to separate from service through the DROP (Deferred Retirement Optional Plan) for the remainder of 2018. I'll be happy to take any questions. Commissioner Carollo: I do have a minor question. Mr. Diaz: Yes, sir. City ofMiami Page 115 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: Out of the officers you have hired, how many, of those sworn of do you have assigned to other non -law enforcement duties? Mr. Diaz: So the most recently onboarded sworn hires are going into the police academy, sir. So are you asking aboutpersonnel allocations generally or --? Commissioner Carollo: I'm referring to your whole budgeted amount of officers that you have sworn and working. Mr. Diaz: Very good Commissioner Carollo: How many of thoseofficers do you have that are sworn police officers that you're counting into those numbers that are assigned to other duties that are not law enforcement? Mr. Diaz: So do you mean officers assigned in an administrative capacity, not engaging in --? Commissioner Carollo: Well, if they're administrative, it's still administrative law enforcement. Chair Hardemon: That are doing jobs that civilians are doing. Commissioner Carollo: They're doing law enforcement work. Now, if they're not doing law enforcement work, that's a different story. What I'm talking about, any of that's assigned to non -law enforcement work, how many do we have? Mr. Diaz: So, there's -- I could get you a comprehensive assessment at a later time. I'm not prepared to provide you with those numbers today, but 1'd be happy to -- Commissioner Carollo: That's fair enough. Mr. Diaz: -- assist you. Commissioner Carollo: Okay, that's fair enough. If you could bring that to us at the next meeting, I'd appreciate it. Joe, if you could keep track of that? Thank you. Chair Hardemon: Thank you, sir. Mr. Diaz: Thank you. Joe Napoli (Deputy City Manager): Commissioner, I was going to ask, do you want us to continue with these reports, or do you want us to start providing just written reports? Chair Hardemon: No, we'd like to come in -- I -- Commissioner Carollo: Yeah. Commissioner Carollo: Sometimes I just want to check the faces with the name badge. Commissioner Gort: They look sharp. Commissioner Carollo: Well, that's where we're spending the bulk of our monies, I think, it won't hurt to hear it every month. City ofMiami Page 116 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 DI.2 4216 Department of Police Chair Hardemon: I like their uniforms, too. They have nice uniforms. They're well - tailored. I don't mean to -- It's like the older ojficers have such well -tailored uniforms. The newer officers, for some reason, they just -- they're not as well - tailored. I don't know what it is. It's -- they must be --force that upon them to be non -well -tailored; it has to be, because they haze in the Police Department, they really do; something I've learned. It's not against the law, though. DISCUSSION ITEM DISCUSSION REGARDING THE MINIMUM NEEDS IDENTIFIED TO DATE FOR SCHOOL CROSSING GUARDS. FRESULT: DISCUSSED Chair Hardemon: DL 2, the school crossing guard discussion Ronald Papier: Good afternoon, Commissioners. My name on my shirt is my name. Ronald Papier; Deputy Chief ofPolice. Chair Hardemon: Thank you, sir. I'm assuming the school crossing guard discussion kind of stems from the discussion that we had when the School Board member was here, because there were some vacancies -- Deputy Chief Papier: Correct. Chair Hardemon: -- and some school crossing guards positions. So we just need an update on that. Deputy Chief Papier: Sure. Right now we're budgeted fir 40 school crossing guards. Currently, we have nine vacancies. However, we have six of those vacancies that are already in the medical, so thev should be onboarded by next week, assuming they all pass; that'll give us about two vacancies. We did an assessment of all the schools, elementary schools and school crossing guards. We determined that we need an additional 30 school crossing guards to staff every elementary school, but -- and that'll be between one and three school crossing guards per school. The fiscal impact of that is roughly $205, 000 for next fiscal year. It'll be offset a little bit, because we do get a percentage of tickets from Miami -Dade County. It's divided up, depending on how man v school crossing guards we have, as well as everyone else in the County, and we get a percentage. So this quarter we showed 25 school crossing guards; we actually got ,$25, 000, about 3 point something percent. So as the number of guards go up, the percentage of 'the tickets will get up, assuming everyone else in the County stays the same. Chair Hardemon: So it was the Police Department's ownn assessment that caused you to want to add additional -- Deputy Chief'Papier: That is correct. Chair Hardemon: -- 25 to 30 diff" rent -- Deputy Chief'Papier: That's correct. City ofMiami Page 117 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Chair Hardemon: -- officers? Okay. And the school crossing guards that were being complained off not having in -- it was with the Overtown area -- were those vacancies f lled? Deputy Chief Papier: Those vacancies were filled. Chair Hardemon: Okay. Any other questions? No? Thank you very much, sir. Deputy Chief Papier: Thankyou. DI.3 DISCUSSION ITEM 4054 DISCUSSION REGARDING THE QUARTERLY REPORT OF Department of EXPENDITURES INCURRED, BUT NOT REIMBURSABLE FOR Finance QUARTER ENDING DECEMBER 31, 2017. RESULT: DISCUSSED Chair Hardemon: D1.3. Erica Paschal: Good afternoon, Commissioners. Erica Paschal, with the Finance Department. D1.3 and D.1.4 is our quarterly report of non -reimbursable expenditures, as required by the Financial Integritv Principles. And for the period ending December 31 and March 31, we have no expenditures to report at this time. Commissioner Carollo: Good. Chair Hardemon: Thank you veru much. Ms. Paschal: Any questions? Commissioner Carollo: No. Commissioner Gort: Great report. Chair Hardemon: Thank you. Commissioner Carollo: Okay. Commissioner Reves: Very good. City ofMiami Page 118 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 DI.4 4055 Department of Finance DI.5 4219 Commissioners and Mayor DISCUSSION ITEM DISCUSSION REGARDING THE QUARTERLY REPORT OF EXPENDITURES INCURRED, BUT NOT REIMBURSABLE FOR QUARTER ENDING MARCH 31, 2018. RESULT: DISCUSSED Note for the Record: For minutes referencing Item DI.4, please see Item D13. DISCUSSION ITEM DISCUSSION REGARDING MONITORING OF AFFORDABLE HOUSING PROJECTS. RESULT: DISCUSSED Chair Hardemon: D1.5. Victoria Mendez (City Attorney): Commissioner Gort. Commissioner Gort: My understanding is that we approved the -- a lot of individuals that were going to build affordable housing; we deferred the permit fees, but 1 wonder how many are being checked to make sure they're maintaining the affordable houses. If they're not, they would have to be paid for it. Commissioner Carollo: It's what we had discussed before in previous meetings, Commissioner. I think it's a very good question for you to bring up now. And I think, eventually, soon we'll have a vehicle that will be just for that, but in the meantime, we need to find out what's going on. Commissioner Gort: I know. A lot of times people come in front of us; we approve certain things, but we really don't have the follow-up -- Commissioner Carollo: Yep. Commissioner Gort: -- which I believe is very important. We have to come up with some idea how do we follow those up, because if they saving that much money -- Chair Hardemon: That's a lot of money in deferred income fees. Commissioner Gort: I know. Chair Hardemon: It says, 12 point -- Commissioner Gort: Okay? Commissioner Carollo: Hardemon? Commissioner Gort: So -- Chair Hardemon: -- $12 million. City ofMiami Page 119 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Vice Chair Russell: I'm sorry. I thought we were talking affordable housing. Commissioner Gort: No. What we're saying is -- Chair Hardemon: I think that might be the way it was titled. Commissioner Gort: -- in order to create affordable housing, we allow those people to defer --not to make the payments for the building permits. The building permits are waived, as long as maintain the affordability of the houses. So we want to make sure that once they get that benefit that they maintain the affordability. Vice Chair Russell: Got it. Chair Hardemon: Because if not, they need to pay us. Commissioner Gort: If not, then you got to pay your fee. Vice Chair Russell: I understand that Mike Sarasti's department is working on a GIS (geographic information system) mapping system of' all covenants of affordability, and that'll allow its to really monitor, but then enforcement's the other side of it, checking and seeing so -- Commissioner Gort: Well, this is where the Administration come in. 1 mean, that's why we're requesting from the Administration what system they're going to set up so we can make sure we can do that. Now, my understanding is, most of those buildings, thev have elevator inspection; they have all kinds of inspection, the yearly inspection that take place, and I think that can be assigned to some of those individuals. 1 mean, that's up to the Administration, but 1 think we need to have enforcement. One of the biggest problems we have in the City of Miami, we have a lot of Code, we have a lot of law, but we lack enforcement in a lot of this. Commissioner Reyes: Absolutely. Commissioner Gort: And like I said, like the scooters, whatever you want, any other things, people laugh at us. Chair Hardemon: Commissioner -- Commissioner Gort: So I'd like to get a -- this is a discussion item. I'd like to get in the next board meeting an opinion. of -- or --from the Administration how is that going to be enforced; whatever system they can set up. Commissioner Reyes: This is very important. Chair Hardemon: Please, please. Commissioner Reyes: This is very important, because they have those deferral -- fee deferrals and thev're not complying. It's a lot of'money that we're not receiving, you see. And it's nice you brought this up, Commissioner. Chair Hardemon: Thank you very much, Commissioner. Okay. Commissioner Gort: This is a long list. Commissioner Reyes: It's a long list. City ofMiami Page 120 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Chair Hardemon: Okay. Francisco Garcia: Commissioners, Francisco Garcia, Planning Director. And I'm here, as well, with my colleagues: Alfredo Duran, Deputy Director of Community Development, as well as Jose Camaro, Director of Building, and Devin Cejas, Director of Zoning. And what we came prepared to present to you, should you wish to hear it -- Commissioner Gort: Sure. Mr. Garcia: -- is the status quo, where we are today, and how we manage this particular facet of City operations, but I take it, your direction is to do our very best to perfect the system beyond what it is today. So, if you care to hear where we are today, I'm here to discuss that. If the direction is, "How can we improve upon it?" that's certainly a fair -- Commissioner Gort: Yeah, to make sure they maintain the agreement that was signed with us, because they're saving a lot of money, and we want that savings to go on to the residents. Chair Hardemon: When did we -- I thought we started the def -ral of the impact fees recently, like within the last five years. Mr. Garcia: For affordable housing development, that deferral has existed for a long time. We have begun to track it electronically as of the year 2012, when the iBuild permitting system was instituted. Prior to that, there were covenants running with the structures that were recorded in the public records, and quite frankly, this City was left to catch up with each of those documents as best we could. Of late again since 2012 -- and the spread sheet will show that -- we've been able to record it upon the obtaining of a building permit by the developer. Commissioner Reyes: Question: Just -- I mean, I'm trying to get a -- up to date on this. These are people that -- they were developing affordable housing, right? Mr. Garcia: That is correct. Commissioner Reyes: And the fees were deferred, right? Mr. Garcia: That's correct. Commissioner Reves: And my questionn is, are they still offering affordable housing? Mr. Garcia: They certainly better. And in -- Commissioner Reves: Because -- I mean, that's a good question, because if we don't go and check and say, these people, they -- we defer those fees, but they are not affordable housing. A.fjbrdable housing with -- I mean, the real definition of "aff"ordability," you see. Okay. And they are not doing it, because -- I mean, we cannot go back and say, "Well, you have to use the new median income that we want to use in the City ofMiami, " because it was done before. "But are you still offering affordable housing? Or through the years, you have not been increasing your rent, and now you're out of that range. " Mr. Garcia: Right. Commissioner Reyes: See? City ofMiami Page 121 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Mr. Garcia: And -- Commissioner Reyes: I think that's a valid question. Mr. Garcia: No, of course. And so, what we wanted to show you first is that we have a record system that catches which properties need to be in compliance with the covenants that have been recorded. That's step one. Step two -- and to your question -- can perhaps best be answered by Alfredo Duran, because the Department of Community and Economic Development is charged with inspecting to ensure that the terms of the covenant are complied with. Commissioner Reves: Thank you. Alfredo Duran (Deputy Director/Community and Economic Development): Good afternoon, Commissioners. As Francisco stated, our department has historically -- as you know, we are the custodian of the Federal funding that we get, so when we provide.funding to projects, one of our methods of regulatory compliance is on an annual basis to enforce the covenant, the mortgage, regulatory agreements, by visiting these projects and making sure, through a monitoring visit, that they are complying, and that the units that they promised the City to provide and the incomes and the levels of rents are being adhered to. Now, about two years ago, we understood that the City has other benefits that are not necessarily , funding but they're giving density, they're giving deferral of impact fees, so the director at that time offered the City Manager for us to apply those practices to City properties that were not being_fimded by the department, but actually receiving other benefits. So that is what we are doing now. This is how we assure that those promises are being kept. Commissioner Reyes: Okay. But you have a system -- Mr. Duran: Yes. Commissioner Reyes: -- that has been implemented and -- where you go and periodically or regularly or whatever, and you check if those people are complying with the -- I mean -- Mr. Duran: That is correct. Commissioner Reyes: -- offering affordable housing. Mr. Duran: That is correct. Commissioner Reyes: Okay. Chair Hardemon: I understand that we have the deferral until the houses or the homes or the prices are no longer affordable, but do we have any responsibility -- or do we have the right at any time to kind of call those deferred fees in? So we decide, "Hey. Okay, they've been deferred now for 10 years. " Can we call them? Mr. Duran: Absolutely. That is the penalty that they would pay if 'they are out of compliance at any, given time. Chair Hardemon: Well, no, no. I'm saying, but if they are not out of compliance. Mr. Duran: No. Chair Hardemon: At some point in the future, they could be -- City ofMiami Page 122 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Mr. Duran: If they're not out of -- Chair Hardemon: Because it's deferred -- so my point is this -- because it's almost like you would -- when someone says, "deferred "I typically think until a later time, but you're saving -- Victoria Mendez (City Attorney): They're not waived. Chair Hardemon: -- they're really not deferred. Ms. Mendez: They're not waived. Chair Hardemon: Right. Ms. Mendez: They're deferred, because, remember, these buildings can last forever, and their uses can last for only 20 years, so the minute they stop that use, for which it was deferred, then they become callable, you know. So we just have to monitor it. Mr. Duran: Mr. Chairman, the deferral period is 30 years. I believe there's another 10 or -- a couple of extensions of 10 years. Chair Hardemon: So there's a period, okay. Mr. Duran: So there's a timeframe. During that time, they must comply with that affordability restriction. Chair Hardemon: And at -- Mr. Duran: And if they don't, they have to pay the (UNINTELLIGIBLE). Chair Hardemon: And if they are in compliance with 30 years rents and an additional 10 years, if so, they have to pay the fee? We do get the fee eventually? Mr. Duran: Not comply. If they do not comply. Chair Hardemon: Oh. So if thev did comply, all 40 years -- Mr. Duran: Correct. Chair Hardemon: -- if -- the fee is waived? Mr. Duran: That's it. Chair Hardemon: The fee is not waived? Mr. Duran: No? Okay. Chair Hardemon: Okay. That's what I just want to make sure of.' Mr. Garcia: Emphasis on "deferred"; not "waived. " Chair Hardemon: Got it. So 40 years later, give us our money. Commissioner Reyes: That's right. City ofMiami Page 123 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Mr. Garcia: Or redevelop the property. The covenant runs with the structure and the use, not with the land. Right? So once the term of the covenant expires, they can either choose to extend it. That's an option, because, really, the interest is to retain that affordable housing available. Right? So they can either extend it as appropriate, or if they choose not to and redevelop the property for private purposes, not for affordable housing, then the impact fee is due in full. Chair Hardemon: Right. But the affordability, I'm sure, is tied upon the area of median income. So -- Mr. Garcia: Absolutely. Chair Hardemon: -- area median incomes can change drastically in neighborhoods over 30 years. Mr. Garcia: That's correct. Commissioner Reyes: Francisco, just out of curiosity -- Chair Hardemon: So -- and that's why I said before -- and -- so at that point -- say, if, you know, a neighborhood in Allapattah is affordable today; by the area median income standards, it's affordable tomorrow, but its not a realistic dollar amount for that area. It's -- there's a median income, but for the people who used to live in the area, or who live in the area and have always lived there, the number -- the rent still can go, you know, extraordinarily high: So I'm just trying to see, like is there -- have we thought so far out that over a term of 30 years, if the prices will still remain affordable; not from an area median income standard, but from the person who's lived there all that time and their income really hasn't changed? Because basically, the neighborhood can change around them, is what I'm trying to describe. I'm looking at a senior who's 60 today; she's 85 in a few years; her income hasn't really changed, but the area around her, it went from, you know, $28, 000 to 80 during that time. And so, then the area median income will be a percentage of that 80, I'm assuming, which means that the prices are very high for people to move in there. Mr. Garcia: Correct. And so -- Chair Hardemon: So is there like a rate at which it cannot grow or anything like that assigned to it? Mr. Garcia: The terms -- in brief response to your question, Commissioner Hardemon, the -- our ability to enforce the terms of affordability are tied to the covenant that is recorded. Right? That's what gives us the power to hold them to compliance. And those covenants typically make reference to the AMI (area median income), as you appropriately made reference to, and that is a sliding scale that gets adjusted over time, based on the AML So that's one issue that has been noted previously in conversations by the City Commission. The other issue is, is the area median income, which is really tied to the region -- not to the City -- the proper means to record in a covenant, and that is something that is presently, under review. We are conducting an analysis to -- in an effbrt to determine what is the appropriate area median income for the City as opposed to jor the region. Chair Hardemon: Okay. Commissioner Reyes: I could tell you, it's $35, 000. But what the Commissioner is saying, we have pockets that it is lower than that. You see, we have some pockets, like, I mean, East Little Havana, Liberty City, Overtown, and some parts of Allapattah that median income will be around 15, $16, 000. And I -- if I understood City ofMiami Page 124 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 you correctly, Mr. Chairman, is -- if that is the case, the rent, it is adjusted to that income, to that median income. Mr. Garcia: Right. And -- Commissioner Reyes: And then be considered -- then that is the consideration to -- I mean, to -- that -- to accept the rent as affordable, you see. It's affordable housing to that particular median income. Mr. Garcia: Correct. And so, there is a gentrification factor that is not taken into consideration by this covenant, and that the fixed incomes of the people benefiting from the affordable housing do not respond to. That gap, which grows over time, is the very gap that we're trying to address by inserting new language -- my apologies - - by inserting new languages in the covenants to be recorded from now into the future. Chair Hardemon: Okay. All right. We look forward to seeing that. Any further discussion? All hearts and all minds clear? Seeing none, this meeting is adjourned. Vice Chair Russell: Thank you, everyone. Commissioner Gort: Thank you, all. Appreciate it. END OF DISCUSSION ITEMS City ofMiami Page 125 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEMS) Chair Hardemon: And then, I guess we have PZ. L So what I'll do now is I'll open the floor for public comment on the Item PZ. 1. Ifyoure a member of the public and you want to speak on PZ1, you'll now have an opportunity to, so approach any of the two lecterns. State your first name, your last name, you may state your address, and you'll have two minutes to address this body. So once again, if you are a member of the public and you want to speak on Item PZ 1, you approach the lectern; you'll have two minutes. State your first name, your last name, you may state your address -- Monika Oduber: Okay. Chair Hardemon: -- and you have those two minutes. You're recognized, ma'am. Monica Oduber: My name is Monica Oduber, and I live at 1130 IF, and I'm in support ofthe item on the agenda, and I'm making extra pictures. I live in the same private building since 2009, and I love living there, and it's a great community; we're very tight. We all have one eyesore, and its our parking lot. And in all the years I've been living there, there were a number of incidents, mainly because of -- our parking is not very secure, and as you can see in the pictures behind the hedges, so it's an ideal place to steal stuff, if that's your intention, because you're out of sight. And my bike was stolen. My bicycle was stolen. My bike and my motorcycle. My car was broken into, and that just -- that was my experience. My neighbor's car seats were stolen, and eventually, her whole car. She's unfortunately not here. My other neighbor caught somebody trying to steal his scooter, and the list goes on and on. Chair Hardemon: They say, all the good stuff is over there. Ms. Oduber: I'm sorry? Yeah. Chair Hardemon: The good stuff is over there. Ms. Oduber: But we're still here. I mean, we're still there. Oh, paddleboards, we -- I can go on and on. And then the other thing is, because our parking lot is public and I stay home a lot, because I'm with my baby. I see random people just walk up our property and then go to the pool and just chill out at our pool, which is -- you know, if it happens once, it doesn't matter, but with wrong intentions, I don't want that. And then the other thing is, we're the only parking lot that is open and the buildings next door have closed parking spots, and they park in our spots; and then, when I come home at night, I don't have a spot, and I have to park on the streets again. It's not the end of the world, but sometimes it's inconvenient. And then the other thing is that -- yeah, also, so visitors and workers during the day also park in our spots. And people that don't know our parking lot, they basically speed up at our parking lot,, so now -- especially with the baby, I have to make sure there's nobody coming, driving up the parking lot, which I think, if it would be closed a little bit better, you know, I wouldn't have that issue. I don't have all complaints. I -- again, I love living there. It's a beautiful street, and I think we live in the nicest street of Miami, with all the -- and the City clean it up really nice, and we just want tofix ix our parking lot a little better; because now there's also a lot of potholes. Chair Hardemon: Thank you very much. City ofMiami Page 126 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Ms. Oduber: That was it. Thankyou. Chair Hardemon: Thank you for coming. Sit-; you're recognized. Bob Becker: Thank you. I'm in support of agenda 2Z1 [sic]. My name is Bob Becker. I was born here in Miami at Jackson Hospital; graduated Edison High School and Miami Dade North. My home is 1140 Venetian Way, Number 2A. I'm facing the parking lot. Some of the stories that I've seen or witnessed. I've seen like big guys loading motorbikes in the vans and have to stop them; drug addicts on bicycles coming into the apartment complex, trying to break into apartments, and I have to pull them out the window and stopping them; rainy nights, people trying to break into storage units. And on late nights, just -- yeah, you see people walking around the parking lot, looking into cars or riding their bicycles into the lot, you know, just looking to steal something. And I just want to thank the City Commissioners for listening to my story. Thankyou. Chair Hardemon: Thankyou very much, sir. Yvette Van Bylevelt: Good afternoon. My name is Yvette Van Bylevelt. I live at Sandpiper. My address is 1140 Venetian Way, 1 D. I have lived there. for almost 25 years, and the only eyesore on the property is the entrance and parking lot. The rest of the property is beautiful. Because the property is wide open, people walk through the property as though they belong, and its intimidating to approach them, asking what they're there for. I have a lot of family members that live there as well. My mother was brutally attacked in broad daylight by a man while she was getting out of her car. They stole her purse. She was in her 70s. They left her bloody, bruised, emotionally distraught. My sister's car was broken into twice. The_first time, they broke the ignition, so she wasn't able to use her key. The second time, they stole a suitcase from the trunk. I'm in support of this item and would hope that you grant it. Thankyou. Chair Hardemon: Thank You. Chris Ruggeri: Hello. Thank you for hearing us today. My name is Chris Ruggeri. I'm an owner at 1110 Venetian Way, Apartment 2A, which overlooks the parking lot. I'll tell you one quick story about a gentleman that was coming down the Venetian Way with no tires on his car; just on the rims, the wheels; pulled into the parking lot, and kind of repeatedly drove back and forth in the parking lot, causing extensive damage. It ended up in a "driving while intoxicated" arrest. So I ended up taking a day off of work to be a witness in the trial. But the reason I'm in support of this is because, you know, the -- we had to do the best we could to fix the potholes and the damage. The City of Miami is not taking care of this road, and we're taking care of it out of our member assessments and that kind of thing. So, as Yvette said, if you ride the Venetian Causeway, this area is literally the only eyesore on the whole street. Were not asking the taxpayers to take care of it. We're not asking you to do anything. We'll take care of the problem. We'll secure the lot. We will landscape it to Miami 21 standards and all of that. We can, essentially, remove the opportunity for crime that's occurring in the parking lot and also, therefore, into our pool area and others. The owners here are taking care of this property. In the last year; we've had over a million dollars' worth of assessments. This is onl multiple assessments to take care of our property, and this is over 20,000 per unit. We've completely renovated our pool. We've replaced all of our piping, and the in -lines and the outlines are all cast iron pipes. We are getting ready to do a concrete fix on the whole stucco of the building. And as part of the -- these projects, 80 percent of'the owners have voluntarily upgraded their kitchens and bathrooms. Thank you jor your time. City ofMiami Page 127 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Chair Hardemon: Thank you. Sir, you're recognized. Robert Zimmerman: My name is Robert Zimmerman. I live at 1000 Venetian Way. Mr. Chairman and Commissioners, I'm here today -- actually, my first thought process, Commissioner Hardemon, was when you talked about the ballfteld and about the scoreboard at the last meeting and I fully support the ability of anyone to keep their property safe and improve it, but this land has value. And in front of 1000 Venetian, we have land that is owned by the City. We've kept it very nice. We don't use it for anvthing. We just keep it green and looking good. And in the case of this other property, I don't think that -- And the County, by the way, which has property along the edge of the street, charges Sandpiper a lease payment, so I don't know why the City -- And by the way, 1000 Venetian, for our property, we should be paying money to the City, too, I think. But I think the Sandpiper should be paying money for that parking lot and not have it be given to them, nor should our land be given to us, and that land -- that money may be 25,000 a year between us or something, and it should -- it could go to fund people in other parts of the City that don't have as much as we have. And someone told me that maybe in years past, a part of the easement along 1000 Venetian had been -- had this done and been given to our property. Well, I think then our ad valorem taxes should be lowered, and we should pay rent on that as well. I don't think that the City should give this property to anyone. And the Sandpiper has long had an undercurrent of maybe they'll do development, but as a precursor to that development, this parking lot must he owned, and none of that has been revealed. And 1 saw in --,from Sana Dubbin, our attorney, 1 saw that there had been the City staff that talked about there could be possible increases in ad valorem taxes, but there are no numbers on that. So I would just please ask the Commission to defer this and to let these items be looked into, and not to just give away City land, and look at the revenue that could be earned to help other people in the City that don't even have a ball(iield with a good fence. Thank you very much. Vice Chair Russell: Just a quick question, please, if I may, Mr. Chairman? Just so apples to apples, Venetian -- 1000 Venetian, right next door, how is their situation similar? Because you don't have a surface parking lot on the street, correct? Mr. Zimmerman: Right. Vice Chair Russell: This is a (UNINTELLIGIBLE). Mr. Zimmerman: It's just -- the tennis courts -- actually, I have a diagram. Could I - Vice Chair Russell: I'm looking at the map. Mr. Zimmerman: Okay, good. So the tennis courts of our -- Vice Chair Russell: I see it there. Mr. Zimmerman: The ten -- ah, thank you. Yes. Well, the tennis courts of our (UNINTELLIGIBLE) -- Chair Hardemon: Speak into this microphone. Mr. Zimmerman: Thank you. Very kind. The tennis courts of our building used to be a building that was owned by the Sandpiper. And when. 1000 Venetian was built, this land -- this building was purchased and the building demolished; and therejore, this land in front is owned by the City. And so, I don't know ij'any other land here was owned by the City and then we were given that, but ij'so, it should go back to the City, and we should pay, in my opinion, a lease payment for it, and this could be a City ofMiami Page 128 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 lot of revenue. And I have no problem with people wanting to protect their property and put in a gate or something but if they lease it, then they can do that, but I don't see why the City -- the County, for this, gets money every month -- or every year. And the City -- Vice Chair Russell: Right, but that wasn't my question. So I'm just trying to understand on your property, the part you're offering us money on -- Mr. Zimmerman: Oh. Vice Chair Russell: I'm sorry. I didn't -- Mr. Zimmerman: Yes. I apologize. I got it. I got over eager. Yes, you're correct. Vice Chair Russell: Is -- Mr. Zimmerman: That's -- Vice Chair Russell: Is this piece? Mr. Zinunerman: (UNINTELLIGIBLE). Vice Chair Russell: So it's not parking; it's just like a Swale at this point, right? Mr. Zimmerman: Well, actually, Commissioner Russell, in years past, we had asked that be parking. We wanted to use it for valets or things, and the City denied that, and we understood why, because they said it -- you know, it's not going to took good. And so, we don't use it. We just use it -- we just keep it nice with grass. Vice Chair Russell: Understood Thank you. Commissioner Carollo: Well -- Chair Hardemon: Let's -- can we let him finish? Commissioner Carollo: Yeah. (UNINTELLIGIBLE). Chair Hardemon: You're recognized. Samuel Dubbin: Robert, did you want to put these inn the record? Chair Hardemon: You're recognized, sir. Mr. Dubbin: Thank you, Mr. Chairman, members of the Commission. I'm Sam Dubbin, the attorney for 1000 Venetian. I sent an email to each of you earlier with a letter containing my client's position. My address is 1200 Anastasia Avenue; my law firm of Dubbin and Kravetz is located. We think the item should be deferred, because what's suggested by the City stajj'here is that the addition of this additional parking lot is a precursor to future upscale development for the Sandpiper. That's written, you know, throughout the City stafj'analysis, but yet, there's no indication of what that development would be. On one level, it looks like what Sandpiper is asking for is permission to own the part of the City street that they've been using for no charge for their parking all these years, and if that's all they're really asking jor; my clients don't object to that. They want to be able to care for it. They're saying that the City's maintenance of it is not adequate, and in principle, that's not objectionable, but what is objectionable is that it become a launching pad for future development that is unspoken. If you -- And so, when the item came up -- and I was City ofMiami Page 129 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 discussing this with the attorney for the Sandpiper -- I said, "Look, we're not objecting to this as long as you'll agree to a covenant that this addition of the public land is not going to become part of a future development that's going to be at a scale, or increase in zoning, and part of a bigger project. " I thought we had an agreement to that effect, but evidently, her client is not willing to do that. So if you look again at the staff analysis, the staff doesn't just come out and say, "The Sandpiper has been using this land for free all these years for parking, and now they want to own it, " which is what I'm hearing the residents say. And again, on that level alone, as long as there's a covenant limiting it to -- limiting the future of develop -ability of it so that this doesn't become part of that, we'd have no problem with that, but I think the Sandpiper should be asked whether or not they're willing to agree to a covenant to that effect. If you read the staff analysis, it flat out says, "The purpose of the request is to annex the closed section of the street and median part into the approved Tract "A " to create a unified site. for future development. " That's what the staff says. And every one of the criteria that analyzes under Section 15 dash -- 55-15(C) makes reference to how future development is going to enhance public safety, circulation, and the like, which, to nae, makes no logical sense whatsoever, and yet, that's the premise by which the staff has recommended approval. The other problem we have here is that they're closing offparkland, and the staff's justify -- which is a violation of the Comprehensive Plan, which has no net loss of parkland. The staffs justification, for that is that the City never dedicated that particular parcel as a park, and therefore eliminating it and giving ownership to the Sandpiper, no harm, no foul. Well, that's a ridiculous justification that the City neglected to dedicate that land as a park, and therefore, giving it up and handing it over for private ownership is somehow not a violation of the Comprehensive Plan. That's not a legally defensible position. And I would only add that the schematics that are used by the applicant itself on that park area states, "Park to be discontinued from public use by this plat. " So the documents are inconsistent with what the staff says. So we think that the applicant should be pressed to make it clear what his plans are with respect to this project, and the item deferred, if need be, until late July, when we can all sort all that out; otherwise, this is a legally deficient proposal and it should be rejected. And I request permission to put into the record my letter and these schematics -- Chair Hardemon: Thank you very much. Mr. Dubbin: -- that I was just referring to. Chair Hardemon: You can pass it to the Clerk. Commissioner Carollo: Chairman? Chair Hardemon: Yes. Seeing no more public -- no more persons for public comment, I'll close the public comment at this time. City ofMiami Page 130 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM PZ ORDER OF THE DAY Chair Hardemon: Let's do this: Mr. Clerk, can you swear everyone in for the Planning & Zoning? Todd B. Hannon (City Clerk): Yes, sir. Good afternoon, ladies and gentlemen. If you'll be speaking on any of this afternoon's Planning & Zoning items, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Hardemon: Thank you very much. Madam City Attorney, are there any rules or regulations that you need to read into the record, for Planning & Zoning? Victoria Mendez (City Attorney): Yes, Chairman. PZ (Planning & Zoning) items shall proceed according to Section 71.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must he sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the Ciiy Attorney on items on the agenda today. Members of the City Commission shall disclose any ex parte communications, pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period When addressing the City Commission, the member of the public 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 Citv Clerk's Office and at the podium for your ease of reference. Staff will briefly present each item to be heard For applications requiring City Commission approval, the applicant will then present its applicationn or request to the City Commission. If' the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary, hearing on the record. The order of presentation shall be as set forth in the Miami 21 and City Code, providing the appellant shalt present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. All persons testifying must be sworn in. The City oj'Miami requires that any person requesting action by the City Commission must disclose before the hearing anything provided to anyone jor agreement to support or withhold objection to the requested action, pursuant to City Code Section 2-8. Any documents of to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thankyou. Chair Hardemon: Thank you very much. Are there any items from the PZ agenda that are going to be continued or defen-ed? Yes, you're recognized. City ofMiami Page 131 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Iris Escarra: PZ.2 is being requested to be deferred to the June 28 agenda. Chair Hardemon: Is that the Planning & Zoning agenda? Yes? Ms. Escarra: Yes. Chair Hardemon: Great. Is there a motion in accordance? Vice Chair Russell: Move it. Chair Hardemon: It's been properly moved and seconded to continue PZ.2. All in favor of the motion, say `aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. PZ.1 RESOLUTION 4029 CONTINUED Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), APPROVING THE CLOSING, VACATING, AYES: ABANDONING, AND DISCONTINUING FOR PUBLIC USE A PORTION ABSENT: OF A STREET OF APPROXIMATELY 0.185 ACRES (OR APPROXIMATELY 8,067 SQUARE FEET) AND MEDIAN AREA OF APPROXIMATELY 0.044 ACRES (OR APPROXIMATELY 1,939 SQUARE FEET) WITHIN THE LIMITS OF APPROVED SANDPIPER VILLAS TENTATIVE PLAT, NO. 1872-B, LOCATED BETWEEN SOUTH VENETIAN DRIVE AND BISCAYNE BAY, ON THE WEST SIDE OF SOUTH VENETIAN COURT, ON BISCAYNE ISLAND, MIAMI, FLORIDA, PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record: Item PZ.1 was continued to the July 12, 2018, Regular Commission Meeting. For additional minutes referencing Item PZ. 1, please see "Public Comment Period for Planning and Zoning Item(s). " Chair Hardemon: You're recognized. Commissioner Carollo: Thank you. Francisco, is this an apartment complex or a condominium complex? City ofMiami Page 132 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Francisco Garcia: For the record, Francisco Garcia, Planning Director. Thank you for the question, Commissioner. This is a set of three buildings, all of them under condominium ownership. Commissioner Carollo: Condominiums? Mr. Garcia: Yes, sir. Commissioner Carollo: Okay. But I see there's five, not three. Mr. Garcia: Four of the five are attached as couples, so -- Commissioner Carollo: Okay. Mr. Garcia: --five structures -- Commissioner Carollo: How many -- Mr. Garcia: -- (UNINTELLIGIBLE) into three buildings. Commissioner Carollo: Okay. How many units are there between all of them? Mr. Garcia: 1 don't know offhand. I believe the attorney may have that information. I apologize. Commissioner Carollo: How many units? Iris Escarra: There are 60 units, and they're owned in a co-op -- Commissioner Carollo: There's onlv -- Ms. Escarra: -- and they have been in a co-op form of ownership since the beginning. Commissioner Carollo: Okay. So there's only 60 units? Ms. Escarra: Correct. Commissioner Carollo: Okay. Unidentified Speaker: 16 or 60? Ms. Escarra: Six zero. Commissioner Carollo: 60. So it would be fairly easy to accomplish what the attorney here was telling us. Now, look, I think when we had our last meeting in the shade, we all know what we're facingfinancially in the future. I think we could meet everybody's desires halfway. Parking in buildings such, as these go from, at the very least, $80 a month to over $150 a month. As I count, there's about 50 parking spaces, maybe a couple of more over 50. I would suggest that we go at the lower end; $80, 50, it's 40,000 a year. We enclose it for them. With the first year's rent, we put the fence, the entry gates, and so on, and then they pay us $40, 000 every year; maybe with a small increase everyfive years. They have their parking the way they want it, that it's enclosed; nobody goes in, and we have additional revenue that this City needs so badly, and the property stays City of'Miami property. City ofMiami Page 133 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Chair Hardemon: Can we enclose public right-of-way and make it subject to the use of an entity without --? Victoria Mendez (City Attorney): So I think we need to review some of the issues that were brought up, and then we can make a better assessment with regard to that. Chair Hardemon: Commissioner Gort. Commissioner Gort: Yeah. I'd like to hear from Planning Department, because I mean, some statements have been made here, which I think our Planning Department is not in agreement with, so I would like to hearfrom our Administration first. That's a good idea. Mr. Garcia: Thank you. And I'll take the opportunity to correct a couple of statements that were made, the first one being that there is absolutely no parkland involved. I said that slowly and deliberately so that the record reflects it. And so, in one of the earlier drafts of the items submitted into the record, just to be abundantly clear, there was a reference made to -- and I quote -- "median/parkland" -- that pertains to a median that, in.fact, exists; that, certainly, it is not a park. It certainly would not affect in any way, whatsoever, the no net loss policy of the City of Miami, full stop. Next, as pertains to the zoning designation of the subject property, the abutting property, owner -- rather, the abutting property to the west is zoned same as the subject property, T5 -R. The slight difference between the two properties is that the one to the west is basically developed to its highest and best use -- Commissioner Gort: Which is? Mr. Garcia: I'm sorry. That is 1000 Venetian Way. Commissioner Gort: I understand, but what's the --? Mr. Garcia: Five stories, multifamily residential. Right? The subject property has structures that are of lesser heights, and so, they are not presently developed to highest and best use; and certainly, should they wish to redevelop to highest and best use, they would be entitled to do so with the same zoning designation the abutting properties have, which is TS -R; once again, medium density multifamily residential. The other difference between the two properties happens to be that the property to the west benefited from a previous right-of-way closure, and therefore, the building itself projects further out onto the Causeway; whereas, this one recedes further, and they are actually presently asking for essentially the same closure of the right-of-way that the property to the west benefited from. That said, by way of background, what is presently before its is part of an applicationn to replat the subject property and include a portion of the right-of-way that is abutting theirs that would revert to them if there is a reversionary clause, and it has undergone the various lower boards and committees, and it has received technical approval by all, and that is why we are bringing it today for your consideration. In the end, there is no public benefit to be derived from this land, other than what is presently assigned to it, which is a surface parking lot, which they are using presently with the perils that have been described. Commissioner Carollo: Well -- Mr. Garcia: That's it by way of recommendation. Happy to answer any additional questions you may have. Commissioner Carollo: -- how; if'I may ask, did that surface parking lot come to be? City ofMiami Page 134 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Ms. Escarra: If I may, it's part of my presentation. I'd be happy to walk you through that. Mr. Garcia: I'd be happy to address it very briefly, and I'm sure you have additional information you can provide. Commissioner Carollo: Thank you. Mr. Garcia: But the history of this is that some additional length of the Venetian Causeway was developed in exactly the same fashion. So this segment of a surface parking lot continued westward continued maybe, to some extent, eastward; and over the years, that portion of the public right-of-way has been closed, vacated, abandoned, and merged with the abutting property. The -- this particular remnant is the only one that continues to exist, which is why they are seeking to be treated in the same -- Commissioner Carollo: But -- Mr. Garcia: --condition as the abutting property owners. Commissioner Carollo: -- what I'm asking, for, how was that asphalted? Did we do it? Did they do it? How did it come about? Mr. Garcia: So, essentially, its part of the same process of replatting, closing, vacating. Commissioner Carollo: Francisco, you're not answering my question. Mr. Garcia: Sorry. Commissioner Carollo: You're dancing arounds it. You're dancing around it. I'm sorry. Who asphalted that property? Where did the money come from to asphalt the property? Did the City do it, or did they do it? Mr. Garcia: The abuttingproperty owners at the time. Commissioner Carollo: Did it? Mr. Garcia: This goes back in time. The abutting properties owner, as it is their right to do so, filed for replatting, and had the vacated portion of the right-of-way merged with theirs. I hope that answers the question, ifI'm understanding it. Commissioner Carollo: Did they asphalt it? Mr. Garcia: I believe so, yes. There were private applications. Correct. Commissioner Carollo: Okay. Is there anything on the record that shows they got permits to do it? Mr. Garcia: Oh, absolutely. The planning records show it. Commissioner Carollo: When was that? Mr. Garcia: I don't have the speck dates, but that's what the record shows. Ms. Escarra: 1981. City ofMiami Page 135 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: Excuse me? Ms. Escarra: 1981. Commissioner Carollo: Okay. So 1981 is when it was asphalted, and you guys got permits for it. Ms. Escarra: No. You're asking about the neighboring property, when they closed the street? Commissioner Carollo: No, no, no, no, no. I'm talking about yours. Look, I -- you're the one that's here, not any of the neighbors. So I don't want to hear any more about the neighbors. I want to hear about this property. Ms. Mendez: Commissioner, you're asking who last maintains that property, asphalt Commissioner Carollo: Not maintains it. I'm asking -- Chair Hardemon: He's asking, who made the improvement on the property. Commissioner Carollo: Who made -- Chair Hardemon: Who asphalted the property? Commissioner Carollo: Yeah. Who asphalted the property? Who laid the asphalt there? Chair Hardemon: Used to be dirt. Commissioner Carollo: Who laid the lanes there? Commissioner Reyes: Yes. Who made it a parking lot? Commissioner Carollo: I want to know if there was a permit issued for a parking lot so that we had drainage, that we have proper lighting, that we have proper shrubbery, and that the lanes are marked. Ms. Mendez: Thank You. Commissioner Carollo: You know, simple question, but it appears that with parking lots in the Citv ofMiami, it becomes -- Commissioner Reves: Difficult. Commissioner Carollo: -- you know, that -- the most difficult thing that I've ever seen. Mr. Garcia: No. And I need to apologize, Commissioner-, because I misunderstood the question. Now I think I do understand it. The improvements made to the subject to this application, the surface parking lot, were made by the City over the years. Commissioner Carollo: Okay. So it's been. the City that did it? Mr. Garcia: Yes, sir. City ofMiami Page 136 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: And we did it so -- with our money so they could benefit from that; prior Commissions did, because they're the ones that are benefiting from it. Commissioner Gort: Don't go too far back. Don't go too far back. Commissioner Carollo: I'll go as far back as I have to, whether you and I were around or not. You know, I want to get to the bottom line of it. Commissioner Gort: I agree, yeah. Mr. Garcia: So, again, to put it in context, the public right-of-way on Venetian Causeway, this stretch of Venetian Causeway, had originally been configured to include a surface parking lot that went alongside it. That surface parking lot projected.further west and slightly further east. Over the years, that surface parking lot -- that was over the years maintained by the City as part of its capital improvements responsibilities -- was closedoff segment by segment; this is the last remaining segment. Chair Hardemon: So that parking lot today, if I was driving by, I could park- in that lot, like -- Mr. Garcia: You could, yes. Chair Hardemon: --a normal person? Mr. Garcia: Correct. Chair Hardemon: (UNINTELLIGIBLE) public. Commissioner Gort: It's a public park. Chair Hardemon: Okay. Commissioner Carollo: Yeah, but the problem is that who's going to park there but people that live around there, whether them or people next door? Chair Hardemon: The people who -- Commissioner Carollo: There's nothing around there. Chair Hardemon: They have very nice motorcycles, I hear, that are for the taking, some canoes and rowboats. No? Commissioner Carollo: All that I'm saying is, look, I can't change what happened in the past; none of'us can. I could only look towards the future. And the City's in dire need of'dollars. We have to make decisions based on today, not yesterday; based on today and going into the future. And I think that it's fair to charge them a minimum amount of rent space in a lease, per space, every year. You know, they get what they want. We'll put up the -- whatever infrastructure we have to put up to make it legal. Are there lights there, by the way? Ms. Escarra: There are FPL (Florida Power Light) poles that run along the Venetian Causeway that provide lighting for the parking, but they're on the Venetian Causeway. They're on the causeway, because the causeway just got updated. City ofMiami Page 137 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: Well, I won't go there. I'm going to assume, for the record, that they're giving you sufficient lighting there, but that's another requirement for parking. And in my motion, once I make it -- and I haven't -- if it's accepted with a second, I'm not going to be holding the City responsible for putting additional lighting there; only the fence, because $40, 000 ain't going to cover the lighting. Vice Chair Russell: Commissioner Gort. Commissioner Carollo: And I don't want to say -- Commissioner Gort: Let me tell you, I looked at it. You're willing to maintain it before and do all the improvement that you're going to have to do because of the new permits and so on. I thinly I look at the numbers, 60 -- talking about 60 individuals, homeowners, right? Ms. Escarra: Correct. Commissioner Gort: You're talking about $SS a month, and the City will do the maintenance, and the City will do the whole thing. I don't think it's a bad idea. Commissioner Carollo: Well, no, it's -- Commissioner Gort: Or you could buy it. Ms. Esearra: If 1 may make my presentation or -- I don't want to interrupt the discussion item. Vice Chair Russell: Well, let's just get a couple of questions out of the way first. Commissioner Reves: Yes. Vice Chair Russell: And 1'd like to hold the motion until we get all the facts on the table, but 1 have a couple questions myself. Regarding the zoning, Mr. Garcia, you had mentioned T5 -R is what both of the abutting property and this property has, but that the abutting property is at their highest and best use of five stories, but if I'm not mistaken, 1000 Venetian is well -above five stories. Ms. Escarra: 22. Vice Chair Russell: 22 stories. So -- Commissioner Gort: Yeah, but they don't want nobody next to them. Vice Chair Russell: -- I just wanted that to be on the record, that the abutting neighbor is not a five -story complex, if that's correct. Mr. Garcia: My apologies. That's correct. And they respond to a zoning ordinance that existed prior to the time when the highest and best use was established today. Presently, the highest and best use, the highest they could go is five stories. And you're right; the building to the west is grandfathered at a greater height than this. Vice Chair Russell: And my other question has to do with, the historical photo here that's -- that shows how this used to be the case on all of them; that it was all public right -of -'way, apparent -- free parking across; and one by one, they were vacated, I'm assuming, in this similar manner? Mr. Garcia: That is correct, sir. City ofMiami Page 138 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Vice Chair Russell: And is there precedent for each one on what deal was made? Was it done in the same manner that we're doing now or were they sold, or what was the method? Mr. Garcia: The previous properties that went through the process went through the replatting process. And again, the theory set forth at that point in time was that the lack of any continued public benefit or public use meant that it should revert to the abutting property owners, and that's how, land by land, each of those portions was closed off. Vice Chair Russell: And it was just vacated in the similar way, given back to them -- Mr. Garcia: Correct. Vice Chair Russell: -- rather than sold, and you could see some of them chose to do covered garages, elevated garages. Now, we got two different conversations going on. What is -- one is, what is the potential hope that they have for their property, whether it's true development, potential up -zoning a covered garage, or if it's simply fust to close off and maintain their own parking like all of their neighbors have had over the years? And ifl' understand, the covenant you're willing to sign would preclude the future development; is that right? Ms. Escarra: Correct. We would covenant to maintain it as a parking lot, but it would be a private parking lot, so like -- that we could restrict entry into that area, and we can also pull a permit to improve it as a parking lot. Today we can't improve it as a parking lot, because it's a platted street. Vice Chair Russell: Right. So my question for the fellow Commissioners -- because we could go either way on this -- if we choose to keep it as City space, but then we do the improvements and we charge them, are we really going to be at a net positive, or are we going to be breaking even and possibly negative and putting our manpower at a lot more work? Commissioner Carollo: No. We will be in a net positive, but I think where you're going -- and see if I can help you in that, seriously help you, because $40, 000 is not much; you're correct. If -- and now you're talking something different. You're willing to give a covenant that you will not use that land towards future development,- you're going to use it as a parking. Correct? Ms. Escarra: Correct. It would be that we would restrict it -- Commissioner Carollo: Parking? Ms. Escarra: -- to that area being parking -- Commissioner Carollo: Yeah. And that you -- Ms. Escarra: -- but not necessa -- Commissioner Carollo: -- will not use that -- Ms. Escarra: -- one of the things I want to be very clear -- Vice Chair Russell: One at a time. City ofMiami Page 139 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Commissioner Carollo: -- you're not going to use that if -- let's say, a majority of your owners decide to tear everything down and build that parking space, if we give it to you; that you're not going to use it so you could go higher density in that project. Ms. Escarra: It would have to come back before this board. Commissioner Carollo: We know that, but we want a covenant that we're going to do everything. Ms. Escarra: I'm happy to put a covenant restricting its use to parking. What we're -- what we did not want to do -- and this is as far as we got with the neighbors -- is we did not want to put a covenant that said we would not ever apply for a rezoning; we would not ever develop it as anything else, because that is, to a certain extent, more restrictive. Commissioner Carollo: Well -- Ms. Escarra: But we -- that -- their intent is -- Commissioner Carollo: Okay. Well, let -- Ms. Escarra: -- always to maintain it as a surface lot; that they're willing to do. Commissioner Carollo: 1 see where you're at, but I'll revisit it in a minute. Let's see if we could clear the hurdle first. If this property would go onto the taxes rolls, that now we deed it to you; you got to pay taxes. 1'd like your estimate and 1'd like Planning's estimate -- even if you got to get budget and Chris in here -- what do we estimate that that's going to bring in revenue to the City ofMiami? Ms. Escarra: 1 think that that -- Commissioner Carollo: It might be more. I don't know. Ms. Escarra: It would be whatever the Tax Assessor creates that valua -- It's the Miami -Dade County Tax Assessor that would give it its appropriate valuation. Commissioner Carollo: Well, it's going to be parking, but still, you know, it's got a good value, because where the land is. What do you estimate, Francisco? Mr. Garcia: The land itself,' subject to the present parking use; is that correct? Commissioner Carollo: Yeah, parking use. Mr. Garcia: Let me run some quick numbers. I would not want to take a guess on the spot. Commissioner Carollo: Because -- Chair Hardemon: See, I thought it was half the parking lot. Ms. Escarra: It's --yes. Chair Hardemon: It's really the entirety of the parking lot? Ms. Escarra: No, it's a portion of the parking lot. A portion of the parking lot is owned by its, by the co-op. A portion of the parking lot is a platted street. And a City ofMiami Page 140 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 portion of the northern edge, where the sidewalk is, is actually part of the Venetian Causeway. And if I may, Chair, if you'll indulge me to allow me to make my presentation, while they're --? Commissioner Reves: Now, to make it clear, the whole -- this whole area around here, is that -- the whole area is owned by the City of Miami? Ms. Escarra: No, the majority of it is, the majority of the area, and it's in the attachment. Commissioner Reyes: Let me see which one is it, because now we're talking in two different things now. And if the whole thing is the City of Miami -- Ms. Escarra: It's not the whole thing; it's a portion of it. It's 50 feet of it. There's about I8. feet that is owned by the co-op. Commissioner Reyes: Okay. Commissioner Carollo: Commissioner Russell, I know this is your area, and this is appropriately one of the things.for a district Commissioner, so I'm going to give you all my respect in that. And I think you see where I'mtrying to head. Vice Chair Russell: 1 do. Commissioner Carollo: If I could ask you, if'maybe we could just hold this off, reset it, so that we could do things legally correct; that no one can doubt our intentions, and we could end up what I think is, you know, a happy ending for everyone? Commissioner Reyes: But before that, I want to know which part is ours and which part is not ours. Ms. Escarra: 20 feet abutting this lot here is owned by the co-op. The street, in and of itself, is 50 feet wide. So from about the edge of this parking space to about the northern piece here is the City, which is actually, if you see it here, it's a street that runs parallel to Venetian Causeway. It's a little cut-out street that's remnant here. But the parking lot starts lower than that. So 20 feet of it is already owned by the co- op; 50 feet is the platted public street; and thenn the northern, about 7 feet, is part of the Venetian Causeway. Commissioner Reyes: So what is ours? How many feet is -- I mean, square feet? Ms. Escarra: It's about 10, 000 square feet that we're closing and vacating. And if I may, it's about 10, 000 square feet. Commissioner Reyes: About 10, 000 square feet. Commissioner Carollo: Francisco, how many square feet? Commissioner Reves: So that the northern part -- this part here -- this part over here -- I mean, where you have all these line of cars that are parked here, that does not belong to the City? Ms. Escarra: No, no. I -- where the cars are parked, a portion of it is owned by the co-op, a portion of it is owned by the City, and then a portion of it is part oj' the County right-oj-way. Commissioner Reyes: Okay. City ofMiami Page 141 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Ms. Escarra: So it's divided into three. Vice Chair Russell: Could I get a clarification from the City Attorney, please? Because we're using a lot of terminology, I want to make sure we're being correct. Is this owned by the City, deeded to them? Or is this right-of-way that belongs to them Commissioner Reyes: That's right. Vice Chair Russell: -- that, upon vacation, would just be reverted back to them? Commissioner Reyes: That's what I wanted to -- Ms. Mendez: This is the problem that I want to explain. Vice Chair Russell: Thank you. Ms. Mendez: We hold it in trust for people of the City of Miami to use it as right-of- way. However, Commissioner Carollo has clearly said in the past that when the City has expended monies to do certain things on the property that the City is obviously entitled, and we also have to see what restricted funds we use, if any funds were done. We've already heard on the record that certain monies were expended in paving this. So we're mixing up things; however, it is totally appropriate to find out what, if anything, the City expended if we are now turning this over to them as private property, and it's no longer going to be utilized -- Commissioner Reyes: Right. Ms. Mendez: -- by the citizens of the City of Miami. So we hold it in trust; you're very, correct. We do not own the land. However, if the City expended money and resources, then it should be looked into before it is turned over into private propertv. Vice Chair Russell: And so, I wanted to make sure not only do we get the terminology right -- because we've got to be legally correct on there -- but that also brings us to -- aside from us having invested in it and whether we're owed back on it -- whether or not we should be able to sell someone their own land or rent someone their own land, aside from having expended onn it and, perhaps, having some sort of debt incurred there. At this point -- because we had this issue earlier on another issue in Commissioner Hardemon's district, where the owners were seeking a vacation of a right-of-way; both sides of that street belonged to then, and we were giving it back to them, but the question is, `How much is it worth to you to pay to us, because either we had done improvements" or -- for whatever reason. From my perspective, it's -- I really want to be consistent in how we treat our different properties, especially ones that abut each other. And I do believe, down the road, we've got good potential revenue as a city here for a property that is ripe for development, because you can see it is underutilized in its current form. If their future goal is development, it does have to come back to us, it will be with -- involved with the neighbors, and it's got to be done appropriately, but that will be the greatest gain to the City's tax rolls if it's developed to its best and highest use, because certainly, it isn't right now. It's how many stories? Two stories? Ms. Escarra: Two stories. Vice Chair Russell: Two stories. And their neighbor is 22 stories. And so, I'm open to deferring the item so we can come to some sort of full understanding, but I wanted to make sure we're both all on the record for this. We've certainly heard the City ofMiami Page 142 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 residents' point of view. They're very welcomed to come back, butt don't want to -- them to feel that they have to be dragged back again. I understand their concern. They want the protection and privacy, and ability to invest in their own parking lot to make it the way they want it. It's only used as their parking lot. It doesn't service anything else. I'm certainly okay with that happening. Under what terms is where we're all trying to figure out. Commissioner Reves: Vice Chairman, may I add that we get an estimate of -- if this land, the land that we're going to seed or we are -- it's going to be converted over -- it's going to be given to them for the parking lot, if it is developed to the highest use, how much will that represent in additional revenues to the City of Miami, and how much --? Because that definitely is going to increase our taxes. Commissioner Carollo: Well -- Commissioner Reyes: You see. Commissioner Carollo: -- I (UNINTELLIGIBLE) -- Commissioner Reyes: Just to have an --just an estimate so we can know -- I mean, when we make our decision, you see, that we are comparing apples and apples. Commissioner Carollo: Well, those are, I think, fair questions. 1 think the statement Commissioner Russell made is something to think about; its a very fair statement. What Commissioner Reves is asking for is rightly so. 1'd like for Planning to give us two estimates -- because it's all he could do -- to the best of your ability. One is, just like it is . for parking, we give it to them, how much should we expect to get in additional tax revenues? 1 tend to feel its, going to be more than 40, 000, just for the City's portion. Maybe I'm wrong, but I tend to feel that. The other one is what Commissioner Reyes said that Commissioner Russell was hinting at. Right now the way that is zoned -- not any future rezoning; the way it's zoned -- if they add that additional piece into the equation, what is the highest use and density that they could build there, and what additional dollars out of that could that piece bring in revenue to the City then? Ms. Escarra: If I may, Vice Chan, I'd really like to make my presentation to make sure the record reflects our position. I would -- Commissioner Reyes: (UNINTELLIGIBLE). Ms. Escarra: -- I don't want to interrupt anyone, but I -- Vice Chair Russell: No, you -- Ms. Escarra: -- really need to make sure the record is -- Vice Chair Russell: -- you've clearly done a lot of homework. Let's -- please, go ahead, Iris. Ms. Escarra: Okay. Thank you very much. Iris Escarra, with offices at 333 Southeast 2nd Avenue. And it's actually very engaging, because you all dove into my item, befbre I even got a chance to present it, so it's like I really don't have to do as much discussion as I usually do, but one of the things that I do have to make sure that the -- Commissioner Carollo: So we give you two minutes then? City ofMiami Page 143 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Ms. Escarra: No. I need more than two minutes. One of the things I want to make sure that the record clearly reflects is that this land was dedicated by the abutting property owners, and that the reversionary rights, pursuant to Florida Statutes, Miami -Dade County Code, and the City Code, lies with the abutting property owner. So the City, as a trustee, holds it for the benefit of the Trust, but the ownership truly lies and the reversionary interests lies with the abutting owner, and that's the opinion of title that we've submitted to correctly reflect where the ownership interest lies. With that said, this body is tasked with finding if there's a public purpose, if no longer being used by anyone else. Most importantly is that in 1981, here -- This is interesting to me, because this is like the first time I've ever had to do a street closure that abutted another street. Usually, you don't have two streets running next to each other in this sort of fashion in the City. The abutting property, already closed and vacated in 1981, their portion of the street that abutted their site. So they came in; it got redeveloped into a 22 -story building, and they have the exclusive use -- this is when it got replatted. It was in Plat Book 34, page 93, in 1981 -- and they got the exclusive use of that parking lot. The City Code, currently -- and the law protects these reversionary rights. In order to entice developers to expand the right-of-ways [sic], they tell you, "Dedicate these streets in order for the greater public good, in order to circulate traffic. " So the developer at that time dedicated these streets, because it was either required or suggested, or it was part of the convenience with regards to the site plan that they were proposing as -- and the time, and that's why the law protects their reversionary interest. So, so long as its not ever used or needed for that purpose, it reverts back to them, because they gave it. So it's an inherent benefit for the City to be able to use these streets for the general public, for fire, for safety, and so forth. However, the reversionary, rights remain with the abutting owners. One of the things that we have sought to do with regards to our particular site is this corner here already has another platted right-of-way, so they have access. This particular site over here, interestingly enough, already utilized this. And these folks here have been trying for a long time. We've been at this for almost two years, believe it or not, in order to see if there was a medium, if there was a way that they can somehow control this. They can't get a building permit to improve it. We're happy to reimburse the City for whatever bond dollars. This is now a public works platting condition that we have to reimburse for any public dollars that were expended on the improvements, and that's fine. We understand that. However, I would caution you with regards to anything that could impact my client's reversionary rights, because there's a lot of case law and so forth with regards to that. We're happy to answer any questions. I have -- Commissioner Gort: Mr. Chairman? Ms. Escarra: -- Sharon Dennard (phonetic) here, who's our co-op board president, who wanted to talk for two minutes with regards to their experience in trying to do this. It's interesting to me, because I'm working with a co-op. Usually, I'm working with a developer; now I'm working with a co-op. And they have really struggled with this land and all the different issues, and they haven't been able to figure out what's the appropriate means to get help with regards to this area here, and being able to improve it., either as a parking lot, which we can't, because it's a street. We can't do anything else other than close and vacate it and get the reversionary, rights back. We can't buy it from the City, because it's a street. So there's all these different components that they've been trying to do as they've improved their building downn here to be able to truly create something that's much, nicer here and hopefully, in the future, be able to create a parking lot here for the building so that they can have it, just like all the other buildings, and all the other projects along here have been able to close and vacate it, because you have Venetian Causeway that was recently approved by the State. We have several conditions in our plat that we've been working on. We have to improve the street. We have to do all these dijftrent things in connection. So this is one step in a much longer process. We came before City ofMiami Page 144 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 this board two weeks ago and asked for a deferral at the neighbors' request already, so this is the second deferral request that they're asking. We agree, Commissioner, that one of the things here that we wanted to do is their intent is to do this -- to build it as a parking lot. They want to go and be able to get a City permit and come in and improve it as a parking lot, but we think that that's only the fairest thing because the neighbors have questions and so forth. And if they redevelop it, we'll come back But fiather than that, we feel it's an extenuating circumstance, because of the reversionary rights and their -- that they have with that land. Vice Chair Russell: Commissioner Gort. Commissioner Gort: Yeah. Being the oldest guy in here, it sort of help. As a young man, long, long time ago, my dad had some people that lived there, and we used to go.fishing there all the time. And as I recall, the City of Miami wanted to create two- way streets in there. I mean, an additional lane, since -- right after the City of Miami property, it goes into three lanes, so I think the City was trying to do that. That's why they asked the property owners to dedicate that space to the City. Now, somehow, the neighbors in the area did not want to expand the streets in there, so that's why it was never built. One thing we've got to look at -- and I would like to get from -- maybe from DREAM (Department of Real Estate & Asset Management) -- Francisco? Yo? I'd like to get an opinion from DREAM, and once you get the -- if they don't get the -- build their parking lots for themself [sicJ, I'm sure the value of each one of the property owners is going to go up, so that's additional tax income, Commissioner Carollo, you were discussing a little while ago. Maintain it ourself [sic], we believe -- and create a park in there, its a lot more than $42,000, a lot more, because parking lots today, with the criterias [sic] that we have to build parking lot, it becomes very expensive. I believe we should look at the -- how much money the City paid for it, and we should get this money in return, but at the same time, everyone in that strip already received the benefits that they're asking for. Commissioner Reyes: You're absolutely right. Commissioner Gort: That's how I feel about this. Vice Chair Russell: Do we have a calculation -- Commissioner Gort: I want that information. Vice Chair Russell: -- of what public works or bond dollars have expended here? Commissioner Gort They can go back. Mr. Garcia: We don't at present. We'd have to research that. But may I suggest that the lot, in its present state, would very much benefit from a fairly complete overhaul, as whatever improvements or maintenance has been done over the years is ready to be refurbished? Vice Chair Russell: Yeah. Commissioner Reyes: You see, Commissioner Gort, he has a very strong point, which is true. If we see this land, and they have this parking space, plus the ability, you see, of developing and going as it is, the whole value -- the value of the whole property will substantially increase and every single -- everybody that is a homeowner there is going to benefit. Vice Chair Russell: It's going to be for us. City ofMiami Page 145 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Commissioner Reyes: It's going to benefit. You're absolutely right. Vice Chair Russell: Right. And that's why I came into this inclined to approve this. I would like a calculation, though, of what -- those public works and bond dollars that we would be reimbursed, because that would be an income to us in the short term. I do like Commissioner Carollo's idea; it's creative, and its, a potential revenue, but my worry is it actually would -- it would give us one more thing to maintain and invest in that may not be a net positive at the end of the day versus just allowing them to develop, and they're offering a covenant, so -- but that may create the greatest gain for the City in the long term, I believe. Commissioner Reves: Liability. Plus liability. Vice Chair Russell: Plus liability, of course. Commissioner Carollo: (UNINTELLIGIBLE). Vice Chair Russell: But I'm open to -- if there are calculations that need to be made and analyses, I'm open to a deferral on it. I'd like to get the consensus of the Commission. Commissioner Gort: I'd like to move it to defer, and come up -- Commissioner Carollo: Second. Commissioner Gort: -- with the different -- Commissioner Carollo: Second. Commissioner Gort: -- information. It's very important to have those information, and let me tell you why. If we make -- take a decision today, this City's well-known - - the people don't like our decision, they're going to take you to court, so 1'd rather have everything documented; make sure the benefit that everybody have received in there so that it would not be the same benefit denied to you all. Okay? Ms. Escarra: IfI may request July 12. Vice Chair Russell: Can we have the numbers and everything ready by then? Commissioner Gort: That shouldn't be any problem. Mr. Garcia: Certainly. Commissioner Carollo: I see -- Ms. Mendez: Are you sure you want July 12? Packed agenda. Unidentified Speaker: Yes. Ms. Escarra: It'll -- I think it'll be worst the second meeting in July, as it is typical, right before the August break. Ms. Mendez: Okay. Ms. Escarra: Those agendas tend to be a little bit more -- City ofMiami Page 146 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 Vice Chair Russell: There's been a motion by Commissioner Gort to defer the item - Commissioner Gort: July 12. Vice Chair Russell: -- to July 12; there's been a second by Commissioner Reyes. Is there any further discussion? Hearing none, all in favor; say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Mr. Dubbin: Before you slam the gavel, could I respond to a comment that Mr. Garcia made -- Commissioner Gort: Yeah. Vice Chair Russell: Let's -- Mr. Dubbin: --just to correct the record? Vice Chair Russell: -- get this done. Motion carries. What is your comment, please? Mr. Dubbin: Mr. Garcia made reference to the fact that in a prior submission in the public record that there was a reference to part of this area being a park, but I want to just inform the Commission that what I quoted in my letter comes from the agenda that was published yesterday, and I'd like toput these materials, along with what I've already -- Commissioner Gort: Great. Mr. Dubbin: -- submitted in the record so that it's clear that what we -- what I said in my letter is the most current information, which is that it is a park or that it was -- you know, it is a park that is being, you know, taken out of, you know -- Vice Chair Russell: It is zoned as park? Mr. Dubbin: Yes. Vice Chair Russell: See, I think that's where we're differing in opinion. Mr. Dubbin: He's saying it's not used as a park, but -- Vice Chair Russell: Not used as a park, but '7s it zoned CS (Civic Space)?'; is the question. Mr. Garcia: Absolutely not. Vice Chair Russell: Thank you. Mr. Dubbin: I understand, but it's -- it is referenced as median park here, and it's exactly the way I referenced it in my letter -- Vice Chair Russell: Noted City ofMiami Page 147 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Mr. Dubbin: -- and that's the way it's always been. That's the way it was yesterday and today as well. Vice Chair Russell: Understood. Thankyou,Sam. Commissioner Carollo: You know, since I see the Executive Director of Off -Street Parking here, Art, I got a question for you. Come on up. Art Noriega: Sure. Commissioner Carollo: Don't your guys and gals get as far as the Venetian Causeway for parking? Mr. Noriega: Do we? Yeah, yeah. We obviously -- Commissioner Carollo: Yeah, because I -- Mr. Noriega: -- cover the whole City. Commissioner Carollo: -- just found out we had this parking lot, and it never had parking meters or anything on it. We missed a lot of revenue there throughout the years. Mr. Noriega: It appears that we did Commissioner Carollo: Yeah, but -- Ms. Escarra: And maybe because it's a platted street and not a parking lot. Commissioner Carollo: Maybe you thought it was a parr too. Vice Chair Russell: Thank you. I believe that believes -- brings the Planning & Zoning agenda to a close, and we'll go back to the regular agenda. City ofMiami Page 148 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 PZ.2 ORDINANCE First Reading 4188 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING AYES: CLASSIFICATION OF THE PROPERTIES LOCATED AT ABSENT: APPROXIMATELY 45 NORTHEAST 16 STREET, 64, 52, 48, 42, AND Note for the Record: Item PZ.2 was deferred to the June 28, 2018, Planning and 38 NORTHEAST 17 STREET, 1635 AND 1643 NORTHEAST MIAMI COURT, AND 1602, 1610, 1616, 1642, 1632, 1624 NORTHEAST MIAMI PLACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," FROM 76-24-A-0," URBAN CORE TRANSECT ZONE - A - OPEN, TO 76-24-13-0," URBAN CORE TRANSECT ZONE - B - OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Reyes Note for the Record: Item PZ.2 was deferred to the June 28, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item PZ. 2, please see "Part B: PZ -Planning and Zoning Item(s). " END OF PLANNING AND ZONING ITEM(S) City ofMiami Page 149 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 M - MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR FRANCIS SUAREZ END OF CITYWIDE ITEMS City ofMiami Page 150 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City ofMiami Page 151 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City ofMiami Page 152 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE JOE CAROLLO END OF DISTRICT 3 ITEMS City ofMiami Page 153 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR MANOLO REYES END OF DISTRICT 4 ITEMS City ofMiami Page 154 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City ofMiami Page 155 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 FL - FUTURE LEGISLATION FLA ORDINANCE 4241 AN ORDINANCE OF THE MIAMI CITY COMMISSION Office of ESTABLISHING THE DEPARTMENTS OF THE CITY OF MIAMI AS Management and SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. R - Budget 18-0193 ADOPTED MAY 10, 2018 AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City ofMiami Page 156 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 NA - NON -AGENDA ITEM(S) NA.1 RESOLUTION 4354 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING AND DIRECTING THE INDEPENDENT AUDITOR Clerk GENERAL TO CONDUCT AN AUDIT OF THE LAST FIVE (5) AYES: YEARS OF BUDGETS, LIABILITIES, APPLICATIONS FOR LOANS, DEBTS, AND ANY AND ALL OTHER FINANCIAL MATTERS AND DISCLOSURES OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI; FURTHER AUTHORIZING AND DIRECTING THE INDEPENDENT AUDITOR GENERAL TO PROVIDE THE RESULTS OF SUCH AUDIT TO THE CITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE FOR THIS RESOLUTION. ENACTMENT NUMBER: R-18-0248 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item NA1, please see item RE. 6. Commissioner Reyes: Well, what -- I will ask to direct the auditor to audit the CRA budget and to -- and all the applications for finds that they have made, that they are within the law, that thev are correct, so we don't -- and none of us would have any doubts, and that's it. That's very simple. Vice Chair Russell: Gladly. And I would agree with that, because everything is completely by the book, especially because the CRA voted to remove the obligations, and that needs to be stated on the record, and -- because we voted that. And our position is that the Citv did not collect, because the Citv did not spend That park was never completed. We do not owe the money. The dates have passed. Commissioner Reyes: But -- Vice Chair Russell: So -- but if we take a side line item and just put $2 million aside, we don't have that, and programs will stop, and our budget will be out of balance. Commissioner Reves: -- that is -- Vice Chair Russell: So our position is that it's in balance. My question is, what happens now if' we press the 'pause" button? Mr. Executive Director, it's my understanding we need to pass this amendment in order for us to go forward with our programs. Mr. Walker: I asked Mr. Min, and he's trying to figure that out now. The main reason why we're doing an amended budgetfrom the -- He basically said that, when I asked him, that we would go with the original budget. The main reason why we're doing an amended budget is because we received $400,000 less in TIF (Tax City ofMiami Page 157 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Increment Fund) money, because after we approved the budget, the City lowered the millage rate, so when we collected the cash in January, it was about $390, 000 less. So according to -- Trice Chair Russell: So we need to amend. Mr. Walker: We basically need to stick with the original budget and cut $400, 000 from existing programs to make up for that. Commissioner Reyes: Until when you have to pass this budget? I mean, it is any rush on passing this? And I -- this could wait a couple of weeks or three weeks -- Mr. Walker: Yes, sir. Commissioner Reyes: -- and the time that it will take -- Mr. Walker: We can bring it back. Commissioner Reyes: -- the Independent Auditor? Mr. Walker: Absolutely. And that's fine. By the way, you all voted on it. We sent you all the package that has all of the disclaimers, including the liabilities. When the attorneys came, the legal -- the financial counsel came, all of that stuff was disclosed. But if you want an additional audit, we're more than happy to work with the City's Auditor to provide that information. Commissioner Reyes: Okay. That's what I want. Mr. Walker: To deal with Commissioner Carollo's issue, we can defer this item. We will be back neat month for you to approve our 2018119 budget in July at the CRA Board level, and then back in September at the City Commission for approval. So we can push this item till that time where we can work with City staff, and try to figure out a way to account, as Commissioner -- Commissioner Reyes: Okay. Mr. Walker: --Chairman Hardemon put it. Commissioner Carollo: And if I may -- Commissioner Russell chairing now -- put this on the record? I will have the same position in the next fiscal year's budget if you don't include $2 million somewhere in there, as I described here that we needed to do to have a balanced budget. Furthermore, no Board of Directors -- no Board Director, whatsoever -- here or anything else -- has the authority in government that if you are obligated to put in a budget $2 million -- whatever the amount is that you have to pay -- or just having a vote and doing away with it. It's still a violation of the State Statute; that you don't have a balanced budget, because it is not legal to do it in that fashion when you have a global agreement. And everything you said here on the record is that we've been trying, we're hoping, we're lighting a candle to see if we could change that., and reasons that have nothing to do with, the legality of 'it. So I'm -- you know, I just want to be clear in what I'm stating. And the fact that -- to answer one of the other statements that were made -- the City, through the Trust, didn't start additional works there, I think -- well, I wasn't here at that time -- it was difficult to have begun anything if the monies that had to come in weren't there to pay for any work that had to be done. But nevertheless, the fact in '16117 fiscal year's budget, you gave the $2 million, that means that the Omni CRA acknowledged that everything that's been said here, why it wasn't given before and why you don't have City ofMiami Page 158 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 to give it is null and void. You acknowledged it by giving that $2 million in the '16117 budget; that you do have to put that money every year. Commissioner Reyes: Okay. Later Commissioner Reyes: Well, I am making -- Commissioner Gort: Excuse me. Commissioner Reves: Yes, Mr. Gort. Commissioner Gort: No, no; too many people talking at the same time. Chair Hardemon: You have the, floor, Commissioner Reyes. Commissioner Reyes: Okay. We -- I mean, I'm making a motion to direct the Independent Auditor to audit the budget; see that all liabilities are included,- all applications for . funds, be loan, whatever, in the financial statements, they are correct. And we can take it from there. And then -- and also, if anybody wants to have any -- I mean, another aspect of government has any idea how can we deal with the interlocal agreement, we can do that, too. But for now, what 1 want to do is precisely to direct the Independent Auditor to audit the budget; see that the budget, it is balanced; that the -- all the loans, that they received all the proper information, nothing was omitted, and then come back here. That's it. Commissioner Gort: Mr. Chairman? Commissioner Carollo: Second the motion. Ms. Mendez: Commissioner -- Later Chair Hardemon: Madam City Attorney. Ms. Mendez: How far back would you like the audit to go? Chair Hardemon: No, I would assume you just -- Commissioner Reves: Listen, I just got here. I don't know what's going on, past years. I mean -- what? -- two years, three years? Mr. Walker: I'd say we do it for, five years. Commissioner Reyes: Five, five. Ms. Mendez: Thank you. Commissioner Carollo: That's a fair amount. Commissioner Reyes: That's a fair amount. Commissioner Gort: Yeah. City ofMiami Page 159 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 NA.2 4356 Office of the City Clerk Commissioner Reyes: That's right; that way, they will -- we will dissipate any doubt that anybody has on the finances. Vice Chair Russell: It is true, because I want this CRA to be looked at -- optics are important -- as the gold standard of moving forward, as a good example of why CRAB should continue, and that's -- I've gone up to Tallahassee to advocate where this CRA has been used as an example in Tallahassee before. On the flip side, it's now being looked at as a good example, and I'd like to continue that, so I welcome the audit. My only concern is on the budget and how we move forward doing the good work. Mr. Walker: Well, my -- that's my concern, too, because as I'm thinking about this, we -- Chair Hardemon: Right now, this -- before you -- Right now, the budget -- there's no motion on the floor on the budget, so let's just, without any objection, approve the recommendation of Commissioner Reyes. Is there any objection? Hearing none, then that motion is passed. DISCUSSION ITEM DISCUSSION BY COMMISSIONER GORT REGARDING SKIP SCOOTERS IN THE CITY OF MIAMI. FRESULT: DISCUSSED Commissioner Gort: Mr. Chairman, I'd like to (UNINTELLIGIBLE) -- an item that I want to discuss for a minute, when it comes to the regular agenda. Vice Chair Russell: Do you need anything, Todd, for us to --? Commissioner Gort: Move. Vice Chair Russell: Please, Commissioner Gort, you have the floor. Commissioner Gort: No. I want to make sure that Administration's here. The problem that I found throughout the City, many a times, it's a lot easier to do things without permits, and this is a big problem that we have. Anybody that tries to do something, and going through the process of pulling permit, takes them forever. I had a presentation from a companv called "Skip, " which is the new thing that's going around in here. I don't know what they're called. If there is -- Vice Chair Russell: Scooters. Commissioner Gort: Scooters, okay. These scooters, my, understanding, we don't have any legislation to allow these scooters. These people came to me, and I told them, they have to meet with the Administration, and maybe an RFP (Request for Proposals) will have to come out. But as you go around, you're seeing kids in those scooters all over the place. All that a kid needs is to put the credit card; they pay $1.29 for half an hour; they can get on a scooter, no regulation, and that could be very dangerous. I want to know who's going to be liable ij'an accident takes place or somebody gets killed. And you got them all over the place. Now, my City ofMiami Page 160 Printed on 08/2212018 City Commission Meeting Minutes June 14, 2018 understanding, they're illegal, because there's not a permit for this. I think we need to do something on this type of thing. Commissioner Reyes: Yes, sir. Asa matter of fact -- Commissioner Carollo: The first thing we need to do, besides maybe -- Commissioner Gort: Pick them up. Commissioner Carollo: --placing some additional regulations, is -- Commissioner Reves: Yes. Commissioner Carollo: -- make sure that the police is going to enforce it. Victoria Mendez (City Attorney): So right now, we've sent a cease and desist letter to one of these companies, and I think were going to send them to all the other ones that we know about. We also have regulations that we're drafting to be able to address these issues, liability being one of them, and also a possible request for letters of interest and a possible franchise and those things. So that's where we are on this important issue. Commissioner Reyes: As a matter offact -- Vice Chair Russell: Thank you. Commissioner Reves: -- Wednesday -- I mean, Tuesday afternoon, there were some kids using our property here, using City Hall property and the marinas; they were on those scooters, okay? They were riding them. And my question is, if there is an accident here, are we liable? Ms. Mendez: Were planning to site the scooter company. Commissioner Reyes: That's right, but meanwhile -- Ms. Mendez: We would not -- Commissioner Reyes: -- we are -- they can sue us? Ms. Mendez: I'm sure someone would try and sue us. Commissioner Reves: That's right. And I think it's very dangerous, and I witnessed some of them just going around here and using the scooters. Vice Chair Russell: Right. And if I may, I met yesterday with the Law Department, and we've spoken with the Police as well, and the Administration, and I'm --,from our understanding at this point, State law precludes -- or makes them illegal on both the street and the sidewalk, based on the fact that they have a motor; and they can't be licensed or tagged, as they have no seat, except -- unless a city passes an ordinance to regulate them, so I'd be glad to sponsor that item. And I'll tell you, all of the companies -- at least four so far -- have proffered their versions of what has been passed in other cities, so I'm -- my ojjice is working with the City Attorney's Office to compile best practices around the country, because others have gone through this before, and there are safety issues, there's rights issues, there's sidewalk blockage issues. And some of the good ideas, for example, are whether, through a franchise agreement, it could be a revenue stream for the City, we can get a fee per rental. There could be a cap system, jor example, that once they share the data of City ofMiami Page 161 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 how many, are being used, that they're only allowed to put out on the street a percentage more than the number that were used the day before. So it's not just littering around; it's of actual what people are using, if we believe this is a good use of our streets and sidewalks. Commissioner Reyes: But I think there are -- you see -- Vice Chair Russell: I do. Commissioner Reyes: -- and what concerns me a lot is about my district. I have a bunch of elders in my district, and right in this -- on a sidewalk will represent, I mean, a hazard -- is a hazard. Some of the elders, that they are even -- they have walkers. And now that I'm talking about them, I want to ask Police, please be a little bit more strict on people that parks on the sidewalk, that are blocking the sidewalk, because those elders that they are using a walker or motors that they have a stroller, they have to go into the street, but that is a concern that I have with those (UNINTELLIGIBLE). Commissioner Carollo: (UNINTELLIGIBLE). Vice Chair Russell: And each of the companies have different rules and regulations. Some don't let you ride unless you're 18 or over, and you have to scan your driver's license before you go. Some are more responsible than others, so 1 think we can find best practices to -- Commissioner Reyes: How do you keep them off the streets? Commissioner Gort: Listen -- Commissioner Reyes: 1 mean, how (UNINTELLIGIBLE) the sidewalks? Vice Chair Russell: How can you what? Commissioner Carollo: How you do it is after we find best practice and usage that we establish our own regulations for it. Those that are not enforcing it, we got to make sure Police enforce it. I'll tell you what I'm running into in 8th Street in Little Havana. It's not the scooters yet, but I'm sure they'll be coming; it's bicycles. You got people flving with bicycles, and, you know, they've actually hurt people. There was a tourist the other day that got hit by one. One of our own vendors, an old guy that sells peanuts -- and he's followed the law; he's got his vending license -- he got hit by one, and it's crazy. You know, these people that are riding those bikes on the sidewalks, they don't care. Commissioner Reves: Uh-huh. Commissioner Carollo: But there's no police walking beats to enforce it., or if they're in a car, to make sure they're going to follow them and cite them. Vice Chair Russell: Thank you. Where I would -- Commissioner Gort: Mr. Chairman? Vice Chair Russell: -- like to be careful is that we don't -- Oh, I'm sorry. Commissioner Gort, you've been waiting. Commissioner Gort: Let me tell you, I agree. If somebody can bring an idea and it can be a benefit of the City, I don't have any problem with it. The problem is, they're City ofMiami Page 162 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 laughing at us, because they're operating illegally. You see them all over the place. I've seen kids in my neighborhood that not more than 14 -- 13 or 14 years old. Now, what happens when an accident takes place -- we have not done anything to fix it -- Commissioner Reyes: Absolutely. Commissioner Gort: -- who's liable? I mean, I want our Law Department to let us know, because you got them all over. I mean, all you have to -- go anywhere in the City of Miami and you see them. So they say, `Hey, what the hell? Why should I apply for an application when I can operate? " Vice Chair Russell: Understood. Commissioner Gort: So something's got to be done. I mean, if you get stopped because you're DUI (driving under the influence), they get you out of your car and you're taken in. Commissioner Reyes: Well, how -- Commissioner Gort: Now we have people committing crime, and we can allow it to continue to do so. Commissioner Reyes: -- do we start -- I mean, start to.frnding answers to all the questions we have? 1 mean, are we going to start (UNINTELLIGIBLE) -- Vice Chair Russell: The City Attorney's ice is doing a research as -- Commissioner Reyes: -- City Attorney, you are talking with (UNINTELLIGIBLE). Vice Chair Russell: -- and I'm glad. And I'll bring something to (UNINTELLIGIBLE). Commissioner Gort: We need to notes these companies -- Commissioner Reyes: That's right. Commissioner Gort: -- that they should take those vehicles out of the City of Miami. If not, we should impound them. Commissioner Reyes: That will be the first step. Vice Chair Russell: Well, I think we'll have our ordinance here within this coming month. Commissioner Reyes: That's right. Vice Chair Russell: And that's the goal, that's the goal. But what we don't want to do is start citing our residents, because they see them on the sidewalk and assume that they, are legal. And so, if'we punish our re -- this is a very similar situation -- a Uber situation, where at -- with them, it was difficult to go after the companies, because they were just a portal for the service. It was the end user or the driver who was taking the illegal action. Commissioner Reyes: We can -- I'm not talking about giving them a citation, but give them a warning, and tell them, "You cannot" -- "this is illegal. " Vice Chair Russell: Education. City ofMiami Page 163 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Commissioner Reyes: You see, we need to educate them -- Vice Chair Russell: Yeah. Commissioner Reyes: -- because they don't know that it is illegal. Vice Chair Russell: Yeah. Commissioner Reyes: If it is -- I mean, i_f they have a place that they can go and rent it, they assume that it is legal. Vice Chair Russell: Correct. All right. Commissioner Reyes: It is our fault, so we might as well educate them. Vice Chair Russell: We will be taking it up. Do you have something you would like to say about it or you're just here. for -- answer questions? Ronald Papier (Deputy Police Chiu: If you have any questions, I'll be happy to answer. If not -- Vice Chair Russell: No, l think we're good. Thankyou very much. Mr. Papier: Okay. NA.3 RESOLUTION 4357 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE INDEPENDENT AUDITOR Office of the City GENERAL TO CONDUCT AUDITS OF THE BAYFRONT PARK Clerk MANAGEMENT TRUST, THE VIRGINIA KEY BEACH PARK TRUST, AND ALL COMMUNITY REDEVELOPMENT AGENCIES OF THE CITY OF MIAMI; FURTHER AUTHORIZING AND DIRECTING THE INDEPENDENT AUDITOR GENERAL TO PROVIDE THE RESULTS OF SUCH AUDIT TO THE CITY COMMISSION; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. ENACTMENT NUMBER: R-18-0249 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record: For additional minutes referencing Item NA.3, please see Item FR. 3. Chair Hardemon: All right. Let's move on to -- City ofMiami Page 164 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 Vice Chair Russell: I believe there was -- was there a discussion about audit you had mentioned? Commissioner Carollo: Yeah. I'm working on -- Vice Chair Russell: Commissioner Reyes said it and -- Commissioner Carollo: I'd like to see one, frankly, of Bayfront Park Trust. I'd like to see it, because I'm new there. Vice Chair Russell: I'll second it. Commissioner Carollo: That would help me greatly. I would bring it a little further, though, so that no one says that we're picking on them; that, you know, maybe staff there, or even the board members say that, "Hey, I did this in exchange for that. " If we include all the Park Trusts -- Commissioner Reyes: Yes. Commissioner Carollo: -- in doing that. Commissioner Reyes: All the CRAB (Community Redevelopment Agencies), everybody. Vice Chair Russell: We did give Guba a raise this year, so we can put him to work- now. orknow. Commissioner Reyes: Everybody. Commissioner Carollo: What's that? Vice Chair Russell: Ted Cuba has a lot of work on his plate that (UNINTELLIGIBLE). Commissioner Reyes: That's right. He's going to spend three years. Chair Hardemon: But I want to say that the --for instance, our CRAB are audited every year. Commissioner Reyes: They're audited every year. Chair Hardemon: So a lot of'-- I don't want to just utilize resources to do things that we've already had done. Commissioner Carollo: But the -- Chair Hardemon: But I don't know -- Commissioner Carollo: -- Bayfront Park, I believe, is, too -- Commissioner Reyes: It's audited every year. Commissioner Carollo: -- I believe. I mean, I -- they're supposed -- Commissioner Reyes: That's right. Commissioner Carollo: -- to all have audits every year. City ofMiami Page 165 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Chair Hardemon: Right. Commissioner Carollo: But -- Commissioner Reyes: I mean -- Commissioner Carollo: -- it's one thing to have an internal audit. Chair Hardemon: No, but they're -- Commissioner Carollo: It's another thing -- Chair Hardemon: Well, I don't know if it's internal. Commissioner Carollo: -- to have Mr. Guda [sic] -- Commissioner Reyes: That's right. Commissioner Carollo: -- come in and have an external audit. Commissioner Reyes: Listen -- Commissioner Carollo: Thev're two different things. Commissioner Reyes: -- that is to show -- Chair Hardemon: But what (UNINTELLIGIBLE). Commissioner Carollo: I don't know if the guys that did the one in Bayfront Park, you know, missed anything or --you know. Commissioner Reyes: You know, when I said "everything" -- "everybody, " one thing that I -- when I was campaigning, I always promising that we're going to bring transparency all over. I know there is nothing wrong, nothing wrong with any of the CRAB or anything, but I want -- or probably with the Trust, but I want -- I mean, I also want to keep Mr. Guda [sic] occupied. What I want, it is for everybody to say, "Okay. We're starting with clean slate. There is nothing to hide here. We are doing what we're supposed to do, and that's what we have to do. " Chair Hardemon: And I completely agree with you, Commissioner. I'm fust putting on the record that these organizations do have external audits. I don't want you to -- they're outside agencies that (UNINTELLIGIBLE) -- Commissioner Reyes: If there are external audit, present it. Chair Hardemon: Right. Commissioner Reyes: That's what I want. Okay? Commissioner Carollo: The -- if'I can, Chairman, and this is really for all of you; Ken, for you also. Early on, when you all named me Chairman, of course, the Ultra people there waiting for me with bated breath, I -- you guys laugh. You know even more than I do, but -- So I asked the staff that we have there -- I didn't know any of these guys -- to give me the breakdown on the new surcharge that had been approved last fiscal year for you guys for this new year. What numbers that was going to bring me, based on 50, 000 people each of those three days. They estimate, that's a City ofMiami Page 166 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 million and a half. It didn't make sense to me. I sat down with the attorney for Ultra, and she was honest in that. I wonder about some of the other things, but in that, she was honest. And she said it was, I think, close to 500, 000 or a little less than 500, 000. Well, I got a, you know, night and day difference in amounts, so I set up a meeting with staff,• they don't know that I'm bringing the Ultra people. I set up a meeting with Ultra; they don't know I'm bringing staff. So there, I've got everybody over there, and I want to get to the bottom line. My acting executive director and the finance guy that I got there were off by about a million dollars out of a million and a half dollars. So this is what I'm dealing with there. That's why I welcome any kind of audit, you know. And if I would have the freedom to act, full freedom, and didn't have all the other stuff that I got to do here from this side, you know, I might have acted in a real quick way there, because that didn't give me a lot of confidence there when that happened. So I'll leave it at that. Vice Chair Russell: You need a vote? Victoria Mendez (City Attorney): So just to be clear on who exactly we're auditing -- because we need a motion and a second -- all the trusts, so that's Bayfront, Virginia - Commissioner Reyes: Everybody. Ms. Mendez: -- right? -- Virginia Key Beach Trust. Any other trusts? Commissioner Carollo: What other trusts do we have? Ms. Mendez: I -- Commissioner Carollo: Charlie have a trust over there or not? No, I'm teasing. Ms. Mendez: Did you -- that -- and so, that's why 1 was -- I wanted to be clear on who we were -- because there's other parks that have -- Commissioner Reyes: That's right. And the Chairman said that CRA, all the CRAB - Ms. Mendez: Okay, so the CRAs. Commissioner Reyes: -- that they have some outside -- Commissioner Gort: Audit. Commissioner Reves: -- auditing -- Ms. Mendez: Right. Commissioner Reves: -- but are they CPAs? They are Certified Public Accountants? Commissioner Carollo: They're all CPAs, but -- Commissioner Reyes: CPAs, but I want -- hold onn a second -- those audits to be presented to our internal audit f or them --for review. Commissioner Carollo: Yeah, but there's a big dijftren.ce, Commissioner, between the audits that all the trusts, the CRAs, do -- City ofMiami Page 167 Printed on 08/22/2018 City Commission Meeting Minutes June 14, 2018 Commissioner Reyes: Yes, sir. Commissioner Carollo: -- and what an internal auditor does -- Commissioner Reyes: Absolutely. Commissioner Carollo: Big differences. Commissioner Reyes: I think that is why I'm saying those -- Commissioner Carollo: But at the same time, we can't over -- Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Carollo: -- burden the internal auditor with so much, you know. Commissioner Reyes: No, but -- I mean, one at a time. Commissioner Carollo: Yeah. Vice Chair Russell: So we're rescinding the Omni audit? Is that what you just said? Commissioner Reyes: No. Vice Chair Russell: I'm just checking. Chair Hardemon: You stated you want to -- if the audits -- the CRAB have audits, you want them to be presented? That's what you said. Commissioner Carollo: Yeah. Commissioner Reyes: That's it. Commissioner Carollo: I don't mind -- Commissioner Reyes: They presented that (UNINTELLIGIBLE) --this is -- Commissioner Carollo: -- I welcome an audit over there. Commissioner Reves: The Omni audit is because we are -- and I personally, I don't think that I misheard or -- because, as I have said all the time, I speak with an accent, but I don't hear with an accent, you see. And I think that what I heard placed a question in my mind about how clear -- Vice Chair Russell: Alone. Got you. Commissioner Reyes: -- everything is, and I want to make it clear. Okay. Commissioner Gort: Mr. Chairman. Chair Hardemon: Yes. Commissioner Gort: I want you to know, about two weeks ago, we were discussing one of the contracts that we had, and we discussed about an audit. And my understanding, there was an audit, but they were notfamiliar with the audit. And we asked the outside auditor -- or independent auditors to audit a lot of those contracts, that we want to make sure we're getting the funds that we are. I'm having a meeting City ofMiami Page 168 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 oil Tuesday, with him, because we made that decision two weeks ago. I'm going to ask him what is he doing -- what are the audit that he's performing right now. And my understanding, the importance today is what you all are stating; am I correct? Commissioner Reyes: Yes, sir. Commissioner Gort: The CRAB and the one you mentioned, the Trust, and so on? Commissioner Reyes: That's right. Commissioner Gort: Those are the most important at this time. Commissioner Reyes: That is also the most -- Commissioner Gort: Because I'm going to meet with him on Tuesday, but I'm sure he's going to meet with all of you to make -- Commissioner Reyes: That's right. Commissioner Gort: --sure you get your, feedback. Commissioner Reyes: To me, its more important, because we have to show -- I don't know how --1 mean, how things are going to turn out in the City of Miami, and we have to show that we are transparent, and we are -- what we're doing is out in the open, you see. And I think its, very important. 1 mean, I'm out there, and I'm talking to my -- to everybody in my district and all the -- also, other districts also. And there is an idea -- a belief that sometimes we are not -- its not government in the open, you see, and I want everybody to know that we have nothing to hide. Commissioner Gort: Okay. Vice Chair Russell: All right. Are we clear on the --? Is there a motion? Is there -- Commissioner Reyes: Make a motion. Ms. Mendez: So we don't have a motion vet. So there's a motion. I think it was -- Commissioner Reyes was the -- Commissioner Reyes: (UNINTELLIGIBLE). Ms. Mendez: -- mover, the first, and then -- Commissioner Carollo: Commissioner Gort seconds it. Ms. Mendez: Oka -v. So there's a motion.for the -- Commissioner Reves: Audits. Ms. Mendez: -- audit of'the ones as mentioned and -- Commissioner Reyes: Right. Commissioner Carollo: Yeah, the additional ones. Ms. Mendez: -- Bayfront -- right -- Virginia Key Beach Trust, and the CRAs, as mentioned. City ofMiami Page 169 Printed on 0812212018 City Commission Meeting Minutes June 14, 2018 ADJOURNMENT Commissioner Gort: Correct. Ms. Mendez: Thank you. Commissioner Gort: Priority. Yes. Vice Chair Russell: Any further discussion? Commissioner Reyes: No. Commissioner Carollo: No. Vice Chair Russell: All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. The meeting adjourned at 5: 08 p.m. City ofMiami Page 170 Printed on 08/22/2018