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HomeMy WebLinkAboutCC 2018-11-15 Minutes City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com MeetingMinutes Thursday,,201 9:00AM CityHall City Commission ,Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort,Commissioner, District One Carollo, Commissioner, District Three , Commissioner, District Four ,CityManager VictoriaMéndez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes November 15, 2018 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Reyes. On the 15th day of November 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 9:05 a.m., recessed at 12:50 p.m., reconvened at 3:02 p.m., recessed at 5:59 p.m., reconvened at 6:10 p.m., recessed at 6:43 p.m., reconvened at 6:57 p.m. and adjourned at 7:20 p.m. Note for the Record: Vice Chair Russell entered the Commission chambers at 9:06 a.m., Commissioner Reyes entered the Commission chambers at 9:06 a.m. and Commissioner Carollo entered the Commission chambers at 9:12 a.m. ALSO PRESENT: Emilio T. Gonzalez, Ph.D., City Manager Victoria Méndez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the November 15 meeting of the Miami City Commission in these historic chambers. The members of the City Commission are Wifredo Gort, Joe Carollo, Manolo Reyes; Ken Russell, the Vice Chairman; and me, Keon Hardemon, the Chairman. Also on the dais are Emilio T. Gonzalez, our City Manager; Victoria Méndez, the City Attorney; and Todd Hannon, our City Clerk. The meeting will be opened with a prayer by Commissioner Gort, and I will lead the pledge of allegiance. All rise, please. Invocation and pledge of allegiance delivered. PART A - NON-PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 5104 Honoree Presenter Protocol Item HalloWynwood Haunted House Mayor Suarez and Certificate of Appreciation Commissioner Hardemon Richard E. Brodsky, Esq. Mayor Suarez Certificate of Appreciation Ashley Mincey Mayor Suarez and Salute Commissioner Hardemon Shanika Patterson Mayor Suarez and Salute Commissioner Hardemon American Legion Post 182 Mayor Suarez and Proclamation Commissioner Russell Officer Jose Villasmil Mayor Suarez and Certificate of Appreciation Commissioner Reyes Officer Rolando Diaz Mayor Suarez and Certificate of Appreciation City of Miami Page 1 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes RESULT: PRESENTED 1) Mayor Suarez and Chair Hardemon presented a certificate of appreciation and paid highest tribute to HalloWynwood Haunted House. Volunteers and staff members to make the HalloWynwood Haunted House a successful event. This community event allowed children in the neighborhood to safely enjoy Halloween festivities, such as trick-or-treating. Elected Officials paused in their deliberations of governance to thank, honor and commend HalloWynwood Haunted House. 2) Mayor Suarez presented a certificate of appreciation and paid highest tribute to Mr. Richard Brodsky, Esq. for his tireless service to the City as a member of the Finance Committee. During his six-year membership, Mr. Brodsky improved the services provided to residents, eagerly attended committee meetings, and completed all tasks and responsibilities beyond the scope of his role. Although Mr. Brodsky is no longer a member of the Finance Committee, he continues to advocate for fiscal responsibility and positively impact the lives of community members through his service as an attorney. The Elected Leadership of the City of Miami paused in their deliberations of governance to honor and commend Mr. Richard Brodsky. 3) Mayor Suarez and Chair Hardemon saluted and recognized Chef Ashley Mincey for her remarkable efforts on MasterChef. Ms. Ashley Mincey is a South Florida native who was born and raised in Opa-Locka. From an early age, Ashley has been a dedicated and hardworking young professional who strives for success in all tasks. erChef, where her unique heritage, perseverance, and culinary talents quickly distinguished her from her peers. In the show, Ashley earned her apron and mentorship from Chef Gordon Ramsay, and became a top three contender. Ashley continues to practice her skills, master new techniques, and improve her culinary creations. Elected Officials paused in their deliberations of governance to honor and wish Ms. Ashley good luck in her future endeavors which include aspirations to become an international restaurateur and well-established business owner. 4) Mayor Suarez and Chair Hardemon saluted and recognized Shanika L. Patterson for her outstanding accomplishments, and efforts on MasterChef. Ms. Shanika L. Patterson is a talented and motivated professional who is determined to excel. After six attempts, she achieved her dream of casting into MasterChef and earning a mentorship from her idol, Chef Gordon Ramsay. During the competition, she presented the judges with creative dishes and unique flavors that represented her diverse heritage. Elected Officials paused in their deliberations of governance to honor and wish Ms. Patterson good luck in her future endeavors which include becoming a successful chef and entrepreneur. 5) Mayor Suarez and Vice Chair Russell presented a proclamation to the American Legion Post 182. In observance of the hundredth anniversary of Veterans Day. th November 11, 2018 marks the federally observed holiday that began with the Armistice of World War I. Most of the descendants of the early wave of Afro- Caribbean immigration served our country as active military members. The American Legion Post 182 was established in 1946 with the overarching goal of recognizing the contributions and services provided by our Afro-Caribbean veterans. The City of Miami observes Veterans Day and supports all initiatives that unites our community to commemorate veterans who selflessly, courageously, and honorably serve our country to fight for our freedom, principles, and morals. American Legion Post 182 continues to positively impact the lives of City of Miami residents through efforts, such as providing wholesome community programs and thereby proclaimed Miami. 6) Mayor Suarez and Commissioner Reyes presented a certificate of appreciation and paid the highest tribute to City of Miami Police Officer Jose Villasmil for City of Miami Page 2 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 wholeheartedly serving and positively changing the perception of crime to residents of the Coral Way N.E.T. (Neighborhood Enhancement Team) Service Area. Through his hard work, Officer Jose Villasmil continues to improve the quality of life and services provided to our community. During the month of September, he targeted specific areas of concern, such as narcotics, larceny, theft, and traffic. Specifically, he had nineteen arrest reports, twelve traffic arrests, six misdemeanor arrests, and one felony arrest. Officer Villasmil exemplifies the values, strengths, and purpose of the Coral Way Police. Elected Officials paused in their deliberations of governance to honor and commend Officer Jose Villasmil. 7) Mayor Suarez and Commissioner Reyes presented a certificate of appreciation and paid highest tribute to City of Miami Police Officer Rolando Diaz for continuously serving and positively changing the perception of crime to residents of the Coral Way N.E.T. (Neighborhood Enhancement Team) Service Area. Officer Diaz embodies the values, morals, and ethics of the Coral Way Police. During the month of July, Officer Rolando Diaz successfully completed twenty-eight summonses, fourteen arrests, ten traffic arrests, two felony arrests, and two misdemeanor arrest reports. His hard work and dedication have been an overall asset to our community. Elected Officials paused in their deliberations of governance to honor and commend Officer Rolando Diaz. Chair Hardemon: We will now proceed to proclamations and presentations. Proclamations and presentations made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Regular Meeting - Sep 13, 2018 9:00 AM RESULT: NO ACTION TAKEN MV - MAYORAL VETOES NO MAYORAL VETOES Chair Hardemon: Mr. City Clerk, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. (Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the City Clerk as the first substantive item(s) for City Commission consideration.) END OF MAYORAL VETOES City of Miami Page 3 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 ORDER OF THE DAY Chair Hardemon: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Victoria Méndez (City Attorney): Thank you, Chairman. One moment for the chairs repositioning. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online at wwwmunicode.com \[sic\]. Any person making a presentation, a 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's Office or online at wwwmunicode.com \[sic\]. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com \[sic\]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public 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 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 Commission meetings and may be subject to arrest. No signs or placards shall be allowed in the Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will 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 meeting \[sic\], whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items are being either withdrawn, deferred, or substituted. Thank you. Emilio T. Gonzalez (City Manager): Good morning, Mr. Chairman, Mr. Vice Chairman, Commissioners, Madam City Attorney, and Mr. Clerk. At this time, the Administration would like to defer and/or withdraw the following items: To be indefinitely deferred, Item RE.1 -- that is RE.1; to be withdrawn, Item RE.4, RE.4; and to be withdrawn, DI.2. Thank you. That's all I have. Chair Hardemon: Are there any other items that any Commissioners want to withdraw or defer? Vice Chair Russell: Yes, Mr. Chairman. City of Miami Page 4 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: You're recognized. Vice Chair Russell: Just notice for the 2 p.m. that we'll be looking to defer PZ.9, and it's just a heads up for anyone who is intending to come at 2 p.m. The NCD (Neighborhood Conservation District) issue will be deferred for the hopes that we'll have a sunshine meeting in December or January to discuss amongst Commissioners. Commissioner Carollo: Mr. Chairman, I need to announce that I have to be here -- be out of here, rather -- by 7 p.m. tonight. I don't know how far we're going to get into Planning & Zoning, but I think those that are going to be here for Planning & Zoning should know in case they want to defer any item for a full Commission. Chair Hardemon: Okay. Vice Chair Russell: And one last thing, Mr. Chairman. Chair Hardemon: Sure. Vice Chair Russell: I just wanted to announce for the Clerk's record, I'll be co- sponsoring today CA.11, CA.12, CA.13, and FR.1. Commissioner Gort: (UNINTELLIGIBLE). Vice Chair Russell: And FR.1. Chair Hardemon: And I would like for PH.1 to also be -- before we make the motion -- PH.1 to be added to the list of deferrals, and defer it for three months, like meeting. Commissioner Carollo: Okay. That's PA -- Chair Hardemon: PH.1. Todd B. Hannon (City Clerk): February 14, 2019. Chair Hardemon: That's fine. Okay. So now, is there a motion in concurrence with the requested deferrals, indefinite deferrals, and withdrawals? Commissioner Gort: Move it. Chair Hardemon: Been properly moved. Vice Chair Russell: PA.2 was a personal appearance by Mr. Rattner. Is that going to be taken up during the item, or is that personal appearance still happening? Commissioner Gort: Do it now. Unidentified Speaker: (INAUDIBLE). Mr. Hannon: Sorry; on the record, please. Chair Hardemon: All right. I understand he's going to make a public comment. He's going to speak second on our public comment time. Vice Chair Russell: Thank you. City of Miami Page 5 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: It's been properly moved and seconded for the deferrals. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? The motion shall carry. Chair Hardemon: Okay. Before we move any further, I'd like to recognize some individuals that are here that deserve some recognition before we get into our public comment, so I want to recognize some of our neighbors, and those are some -- not only members of the community, but also elected officials from Key Biscayne. And so, first, the Mayor, Mr. Mike Davey; Luis de la Cruz, a Councilmember; Ignacio Figuerola \[sic\]; also Luis Lauredo, one of the Councilmembers; and a former Councilmember, Frank Kaplan. So I just want to recognize them all. You all can just wave your hands and say -- Commissioner Carollo: If I could, Mr. Chairman? Chair Hardemon: Yes. Commissioner Carollo: Mr. Lauredo was also our fine ambassador over at the OAS (Organization of American States), and the best Chairman for a convention that the Mayor's Summit of the Americas ever had. So he had quite a few hats. Thank you. PA - PERSONAL APPEARANCES PA.1 PERSONAL APPEARANCE 4837 A PERSONAL APPEARANCE BY CITY MANAGER EMILIO T. GONZALEZ ON OUR DIGITAL TRANSFORMATION AT THE CITY OF MIAMI. RESULT: PRESENTED Chair Hardemon: There is a -- Mr. -- Well, what I'll do is I'll -- We have a personal appearance of the City Manager. Mr. Manager, are you prepared to present something to us? How much time are we requiring? Emilio T. Gonzalez (City Manager): One minute. Chair Hardemon: Okay. That's perfect. Mr. Gonzalez: Great. I am -- This has been deferred for -- thank you, Mr. Chairman. This has been deferred for a couple of months. What I wanted to show you is a very quick video that we submitted to the International Smart City Conference in Barcelona, to bring you up to date on some of the advances that we have been undertaking for the City through our Department of Innovation and IT (Information Technology). The video is bilingual, because it was shown in Barcelona, and we've actually gotten a great many responses from other cities, and including one university that's very interested in what we're doing here with regards City of Miami Page 6 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 to City services and technology, so if I could, I'll just play it, and we'll leave it at that. Thank you. Video presentation made. Mr. Gonzalez: Thank you, Commissioners. Commissioner Carollo: Mr. Chairman? Chair Hardemon: You're recognized. Commissioner Carollo: It's a nice propaganda video, Mr. Manager. Congratulations. But I'm more interested, instead of sending beautiful videos across the Atlantic, in taking care of the neighborhoods, and that's where we have a big gap. Furthermore, if you want to do such an adequate job for communicating for the City, I think that maybe we ought to cut at least one position out of Communications since you've taken that over, so we could save some money that way, also, for the budget gap that we're going to be having this coming fiscal year. So I -- Mr. Gonzalez: Sir, the Communications Department works for the City, and it works for all Commissioners; that this was a video that was put together by our Communications Department and our IT Department to inform a global congress on the upgrades and improvements, and the modernizations that -- Commissioner Carollo: Well, that -- Mr. Gonzalez: -- our City has undertaken. Commissioner Carollo: -- that's fine, Mr. Manager, but where I'm going at is that I'm seeing too much of you in the areas that you were not hired to do. You were hired to do the local work. I'm seeing you constantly, whether in the videos, interviews and political matters that have nothing to do with running our City, or explaining about our City, in constant pictures opportunities. You were hired to be a City Manager, so I would hope that you understand what I'm saying, and leave the exposure that you seem to be so fond of to those that are in elected office, or those that were hired to do the communications by the City of Miami. I appreciate it. PA.2 PERSONAL APPEARANCE 5108 A PERSONAL APPEARANCE BY 1809 BRICKELL ASSOCIATION PRESIDENT SHERMAN RATTNER TO DISCUSS THE STATUS AND FUTURE OF 1809 BRICKELL AVENUE, COMMONLY KNOWN AS "STANLEY AXLROD TOWER". RESULT: PRESENTED Note for the Record: For minutes referencing Item PA.2, please see "Order of the Day." END OF PERSONAL APPEARANCES City of Miami Page 7 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Hardemon: We're now moving into our public comment section. During public comment time, you will be allowed two minutes to address this body. You are to state your first name, your last name, and you may state your address. You can stand to either of the two lecterns. So once again, it's the public comment time. You state your first name, your last name, the item that you're speaking about, and you may state your address on the record. There are a number of people who are outside that want to speak for public comment, so I'm making everyone perfectly aware that if you speak for public comment, you will then have to exit the facility -- this part of the facility -- so that people will have an opportunity to come inside, those who are standing in the sun, to also make their public comment. And then once everyone has made their public comment, everyone is free to re-enter the space. But there's a capacity limit in here, so I'll make it clear. If you'd like to sit down and watch the City Commission meeting, you can do so, but if you choose to speak for public comment, I'm going to ask that you stand out and allow someone else to come in so they can speak for public comment, as well. And so, now I'll open up the floor for public comment, recognizing this gem. Grace Solares: Thank you. Good morning, Mr. Chair. Luis Herrera from the Vizcaya Roads has given me his two minutes in the event I go over the two minutes. My name is Grace Solares. I'm coming here to -- individually and on behalf of Miami Neighborhoods United. We oppose PH.4, because it's in violation of the City Charter. I am going to read to you from the case of Homestead Speedway versus the City of Miami, some portions of it that says: The City of Miami and Intervenor Raceworks -- you remember, that was Ralph Sanchez -- appeal the entry of a summary final judgment in favor of Homestead Speedway. That is somebody who came when the license was given to Sanchez, and they said "Wait a second, don't do that. You have to come and take it to the bid" -- "through the bidding process," in which a trial court held that the original agreement between Raceworks and City was void, and issued an injunction, prohibiting any races from going forward on the agreement. It tells you the agreement between the City and Racework was not a license. The agreement at issue, it says, could not be revoked without notice of default and the opportunity to cure. Your contract has exactly the same words. You have to give them notice, and you have to give them the ability to cure if there is some kind of a violation. The court further says: If the agreement between the City and Racework was a lease. What it says, the agreement at issue had -- could not be revoked. But it also tells you additionally, Racework -- Sanchez -- has given the -- was given the exclusive use of Bayfront Park for at least three days each year for 15 years. In this particular case, you're giving Ultra the exclusive use for three days, for an "X" amount of years. I just want you to listen about the reasons why the court said this was not a license agreement, and it was a lease. It tells you also that since the agreement between the City and Racework was a lease, it fell within the purview of Section 3(f)(iii) and Section 29(A)(D) of the City Charter. Section 20 (A)(D) requires competitive bidding for any agreement which conveys any interest the City has in waterfront property. The trial court therefore correctly held that the City was required to follow competitive procedures and that any contract for the use of the City's waterfront property entered into without complying in those procedures was void. And the footnote, which finalizes my presentation, is because -- they say: Because the contract is a lease, the City must use and is required to follow competitive bid procedures applicable to leases, and the City's failure to do so renders the void -- renders the contract void, as a matter of law. Alternatively -- and this is extremely important, what it says here: Alternatively, even if the contract were not a lease -- meaning a license agreement -- even if it were not a lease, the City was required to follow competitive bidding, pursuant to the provisions of the City Charter. The City is hereby directed to comply with all applicable -- City of Miami Page 8 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Ms. Grace -- Ms. Solares: -- competitive bid procedures before entering into any lease -- Chair Hardemon: -- Ms. Grace -- Ms. Solares: -- or any contract -- I'm finalizing -- for use of City waterfront property. Chair Hardemon: Thank you very much. Ms. Solares: Mr. Chair, I really appreciate your allowing me to take a little bit more time, because I believe it is extremely important that this City Commission looks very carefully when it provides a license agreement, because they are being given away like candy, and they, in my opinion, pursuant to this Court of Appeals case, is violative of our Charter. You have to go to the procedures of the Charter. And I ask you, please -- you're always asking about process -- you must follow the process. Chair Hardemon: Ms. Grace, we appreciate your time. Ms. Solares: Thank you for giving me extra time. Chair Hardemon: Thank you very much. Sir, you're recognized. Sherman Rattner: Good morning. My name is Sherman Rattner. I am the President of 1809 Brickell Tenants Association. I'm speaking briefly on Agenda Item CA.13. I was supposed to make a personal appearance, but we have many things happening here today. Thank you all for allowing me to be here. Thank Mayor Suarez for placing CA.13 on the agenda. And thank you, Commissioner Russell, for sponsoring it. Things are happening. City Manager Gonzalez, the City Attorney's Office, people are working, because in 290 days, 400 seniors are going to be out on the street unless we do something about it. And I believe maybe something is happening. It will not be -- if it happens, it will not be because we did not know; it will not be because there was nothing we could do. We have given you solutions. We have given you legal opportunities, legislative opportunities. We have designed buildings for you. We have given you all kinds of creative ways of dealing not only with our problem, but the problem of affordable housing throughout the City. But ultimately, the question arises with you, because you have to implement it. Based on the Resolution CA.13, which I hope and trust you will all support, the City will -- it's directing the City Manager to investigate the claims, the legal and legislative ideas that we have presented in an effort to preserve our affordable housing. At the same time, yesterday, I had the pleasure of meeting with the City Mayor and Commissioner Russell and staff from the City Manager's Office, City Attorney's Office, and we are working very diligently to come up with what I believe could be a new paradigm in dealing with existing affordable housing and all affordable housing. It could be a paradigm not only for the City, but it could be a model for the whole nation. But it will take all of you working to support this effort, because you have the power to do it. And I trust, in 90 days, when the City Manager reports back that we will begin a process, because we have no time. Thank you very much. Vice Chair Russell: Thank you, Mr. Rattner. Thank you for your advocacy. Gary Milano: Good morning. Gary Milano, 5974 Southwest 59th Street. I'm here representing Tropical Audubon Society. Tropical Audubon Society opposes PH.4, the proposed City of Miami agreement for an Ultra Music Festival at the Marine Stadium on Virginia Key site. This resolution violates City Ordinance 13583, Section 2-1192 of the City Code, the March 20, 2017 City Manager's memo to all City of Miami Page 9 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 department heads, and the Virginia Key 2010 Master Plan. I provided the City Clerk with a copy of this for the file, as well as a copy to distribute to you, gentlemen. In addition, the documented excessive loud music associated with the proposed event will negatively impact the birds and wildlife within the adjacent critical wildlife area and throughout Virginia Key natural areas. Let me drill a little deeper. City Ordinance 13583 established the City of Miami Virginia Key Advisory Board to advise and make recommendations to this Commission regarding the mission, vision, and business plan -- which this is -- for Virginia Key. Section 2- 1192 of the City Code details the purpose, powers, duties, which include but aren't limited to the review of all information pertaining to the governance items relating to short- and long-term vision of the island, business models and future plans for the island. And lastly, the March 20, 2017 City Manager memo, which you have a copy of, to all department Directors, states that all agenda items pertaining to Virginia Key are presented to the Virginia Key Advisory Board before it's placed on a City agenda. I am a City -- I am a member of the Virginia Key Advisory Board, and this has not come before this board. So you have violated three -- this resolution violates three major rules and regulations for the City, and we really ask you to oppose this, or defer it at this time. Thank you. Vice Chair Russell: Thank you very much. Joyce Nelson: Hi. Vice Chair Russell: Good morning. Ms. Nelson: Joyce Nelson, 2535 Inagua Avenue, Coconut Grove. I'm here to speak on two items. First one is the -- is Ultra; obviously, it's a big deal. I'm not against concerts. I have been to probably 50 concerts or more, and I love them. But I'm afraid of this one. And it's on, you know, land that's for birds and trees, and wildlife. It's not a concert area. If -- it just doesn't make sense to put it there. If we could find a better place -- maybe Marlins Stadium or -- I don't know. But it's just not the right place for it. I wrote to all of you about it. And I go to the Tortuga Music Festival in Fort Lauderdale Beach. They are very conscious of trash. They have volunteers going around all day, picking up the trash. Is that going to happen? Are -- is this going to be a trash pile now after the concert? Are we going to make regulations that they must pick up every single day, like they do at Tortuga? There's no trash when you come there. So I beg you, I beg you to think carefully about what you're doing to the environment. The second item is the renaming of Bicentennial Park or Museum Park. I disagree with this. That park is there because of the citizens. The City wanted to build on that property, and we fought back, and we made it a park. We've revamped it. We made it for the people, and I don't think it should be named after someone that's -- I'm sorry. He's a great guy, but it's just not his park, so that's my comment. I thank you for everything. Vice Chair Russell: Thank you. Morning. Mayor Michael Davey: Morning. Mike Davey. I am the Mayor -- the new Mayor of the Village of Key Biscayne. I want to thank you for your time. I am here on Item PH.4. As you all well know, I am opposed to it. First of all, I think it's unfortunate that I'm coming before you. This is our first interaction. That was not my intent. I wanted to start excellent relationship with the City of Miami, and I'm sorry that this is the first issue that we're all talking about, because I believe there are serious opportunities for the Village of Key Biscayne and the City of Miami to work together, because this is a great metropolitan area, and we have to do what we can to make it the world-class place that you all are working for. We're against it on a number of issues. I think I've been pretty clear. We have one way on and one way off our island; that's the Rickenbacker Causeway. And what this item proposes is putting at City of Miami Page 10 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 least 160,000 people out there. They're going to impact our safety, our life safety. You had at the event last year -- I believe it was over 150 runs by the -- by City of Miami Fire Safety. You had 30 transports, okay? That's just the people at the event. It's ignoring the fact that my people are going to be put at risk because of the traffic impacts on Virginia Key. We also have the environmental impacts. I'm not going to get into those, because everybody's going to talk to you about those. But we have to address -- Ultra is not right for Virginia Key, and Virginia Key is not right for Ultra. It's not about "no Ultra." It's about, "We've got to find the right place." As the woman just said, Marine Stadium is a potential place, Hardrock Stadium, Homestead Speedway. There are places that we can put this event -- that you can put the event, or the event organizers can go to. But Virginia Key can't handle this event. We can't handle this event. This will put my residents in danger of being trapped on an island for three days. We have no other ingress and egress, and I need to stress that over and over. So I urge you strongly, vote "no" on this item. Let's move forward. I really want to develop a relationship with you people. I know how hard you work for the City of Miami. We work that hard for the Village of Key Biscayne, so I'd appreciate it if we could work together. Thank you. Vice Chair Russell: Thank you, Mr. Mayor. Did you want to say something, Emilio? Emilio T. Gonzalez (City Manager): Mr. Vice Chairman, if I may. Thank you, Mr. Mayor, for addressing Miami's people's house, if you will, and I appreciate you coming over here to express your opinions. But I've got to tell you, as the Manager of this City, the quotes that have been attributed to you, personally; the videos that have gone out, the emails, the social media are, quite frankly, I think, not very productive for a collaborative relationship. And my own personal opinion, I think they're offensive. And I'm sorry I have to use that word. I spent the majority of my adult life in the military, and when I see in print terms like, "an act of war," when I see a video that says, "Stand by for mobilization instructions," I can't imagine a less conciliary \[sic\] term. And I hate to say that. And I'm glad that you're here and you - - with your candor, but I hope you hear mine. When you start with belligerent terms before we've even had a conversation, before our Commission has even had a chance to debate this, I can't imagine that you're looking for any compromise. We, as a city, are trying very hard to manage the asset for our residents. We will administer those assets, and we'll do what's in the best interest of your residents. I'm pleased that a really good friend of mine has just been elected to the Village Council. We want to work with you, but I got to tell you, as the Manager, who represents, along with our elected officials, the interests of our citizens, the terminology, the campaign, the hundreds of emails in the middle of the night, I don't think they do you service, sir. And I look forward to working with you on this, should this pass. I'm sure that we'll have ample time to work together. But I would be remiss if I did not tell you that the campaign that you have directed against this city has not gone over well. Vice Chair Russell: Thank you, Mr. Manager. Mayor Davey: Well, sir, and let me just state I'm not sure where the "act of war" came from. Mr. Gonzalez: That was a quote in the Herald. Mayor Davey: Okay. I don't know -- I don't -- Vice Chair Russell: Through the Chair, please. Mayor Davey: -- I never used "the act of war." City of Miami Page 11 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Vice Chair Russell: Through the Chair, please. Mayor Davey: I'm sorry, Mr. Chair. I've never used "the act of war." I don't take that lightly. I would never use that term. "Mobilization" is simply the mobilization of my citizens to defend their rights. So what I do appreciate is that, you know, I -- we were supposed to meet yesterday. I'm sorry we didn't have that opportunity. But I want this to be a good relationship. I want us working together. But I will tell you that my obligation, sir, is to defend and protect my citizens, my residents; that's my job. So, respectfully, I didn't want to come here, but we didn't learn about this until November 2. This had been before you for a while. My understanding is this has been talked about for quite a while. So, sir, if somebody from the City had reached out to us -- and again, I don't want to get into a fight. I want us to work together. I want us to be communicating. So I appreciate your offer, and I'm here. You -- if you don't have my cell phone number, everybody on Key Biscayne does, so please get a hold of it from Councilmembers you know. I am 100 percent willing to talk. Let's sit down; let's work together. I'm telling you, I moved to Miami 15 years ago from New York, because I saw the City, the opportunities you all are creating, and this can be very -- We want to work with you. So thank you, Mr. Manager. Chair Hardemon: Thank you very much, Mr. Mayor. Sir, you're recognized. Steven Leidner: Honorable Commissioners and Chairman Hardemon, my name is Steven Leidner, 555 Northeast 34th Street, 33137. I speak before you representing the Sierra Club Miami Group. I represent this group on the Virginia Key Advisory Board. As an Advisory Board member, I suggest that any final vote about this event be postponed until we have been given an opportunity to weigh in on this festival after our next board meeting. The Sierra Club Miami Group sees this festival creating a hostile environment for proximal species and critical habitats, including the area just east of Historic Virginia Key Beach. We are also concerned that many motorized craft will enter the basin, threatening endangered manatees, and harming the shoreline and benthic areas. Look, odds are approval of this event is inevitable. May we suggest the following? Loudspeakers be faced away from habitat and vulnerable wildlife; sound loudness be moderated and enforced; non-disposable stainless steel or similar keepsakes be sold and used for all liquids dispensed, including water; single-use plastics, plates, cups, spoons, knives, and forks be prohibited; bottled water not be sold on the site; an effective barrier be created so there is no spillover of trash into the basin or habitats. Finally, consider offering the seemingly doomed Melreese Golf /Course as a replacement site. Questions? Unidentified Speaker: Melreese (UNINTELLIGIBLE). Chair Hardemon: Thank you very much, sir. Sir, you're recognized. Vice Chair Russell: Oh, my God. Councilmember Brett Moss: Hello. Thank you, Chairman Hardemon and Commissioners. I'm Councilmember Brett Moss of Key Biscayne, and I oppose PH.4. As a Commissioner, what you leave behind to your children should be paramount. Every decision I make on the dais, I ask myself a simple question: How does this decision benefit my community for my three kids in the future? And I want to leave behind a better community when I leave office. Here, you have Virginia Key and Marine Stadium in front of you, one of the greatest gems in Miami. You have already set a vision and a master plan for the Virginia Key to create a spectacular park that will be second to none in the world. You have this opportunity as Commissioners to see this through and give this priceless gift to your community, and to your future generations. Commissioner Gort and Commissioner Hardemon, I was here in 2015, speaking at this podium, urging you to protect Virginia Key. Your City of Miami Page 12 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commission ensured your residents that the boat show is only one event a year, and that the City was going to provide a flex park that would have playing fields and green space for your residents to enjoy when the boat show was not present. To this day, there has been no playing fields and no green space; and now, we are on the second major event, which is a giant compared to boat show. I urge you both to keep your word and please vote "no." Commissioner Russell, you ran on the platform that you want to encourage smart growth, expand green space, and improve traffic. Today you have your opportunity to protect this treasure for the future of Miami. I urge you to please vote "no." Commissioner Reyes and Commissioner Carollo, I urge you both to see this vision forward, and please, I urge you to vote "no." I look forward and hope for an excellent relationship between Miami and Key Biscayne to help each other to achieve great things for both of our communities. Thank you. Chair Hardemon: Thank you, sir. You're recognized, sir. Robert Duzoglou: Good morning. My name is Robert Duzoglou. I'm a resident in Key Biscayne. I'm also past Chair of the Coalition of Chambers of Miami-Dade, and past Chair of the Chamber of Key Biscayne. I think Ultra is a victim of their own success, and I think that's wonderful. Also, Miami -- the way that Miami is growing is fantastic. However, we have an issue on Key Biscayne. We have 7 million cars that go across that bridge every year; 1 million to the park at the end, because everybody realizes this is a beautiful natural habitat. It is fantastic. And I think that the City has an opportunity to create a signature park, a world-quality park there. And we were happy to host -- we'd been hosting the tennis tournament for years; and now we have the boat show, which half of our community is pretty excited about. But the issue is, is that if you keep loading events and events and events that eventually the whole area will deteriorate, and we're being penny wise and dollar foolish regarding our tax base for the City, for Key Biscayne, and so on. If we, however, create a signature park, where perhaps we host one event a year, one key event a year -- but now we have Ultra that you're considering; we have the boat show; we have the Grand Prix coming to downtown; we have two new stadiums. I mean, it's -- you have to really plan this very, very carefully. I think this is an opportunity. We have to find a good home for Ultra. They're a good neighbor, they're successful, but I'm not sure that Virginia Key is the correct location. I thank you for your time. Please, I ask you to consider creating Virginia Key as a beautiful award-winning park, but not a venue place. Okay, thank you. Chair Hardemon: Thank you. Sir. Luis de la Cruz: I'm Luis de la Cruz. My term as Councilmember for the Village of Key Biscayne ended this week, so I'm here as a private resident of Key Biscayne and a citizen of Miami. Chair Hardemon: Congratulations. Mr. de la Cruz: This is all about -- it's about -- all about being neighbors. And Manolo, you and I went to college together. Commissioner Reyes: That's right. Mr. de la Cruz: Keon, you and I spent some really, really special moments in Katy Sorenson's Good Government Initiative, where we talked about being good neighbors, and how we went about doing things like that. I've spoken to Mayor Francis about this many, many times on different things and different occasions in the past four years. This is all about you guys realizing that there's only one way in and out of the -- both Virginia Key and Key Biscayne, and we need to share that City of Miami Page 13 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 road, in and out. I can't imagine -- well, of course, there's huge problems with the environment that everybody else will speak about -- the Sierra Club and the Audubon Society, and every -- we are very concerned about that. But we're very, very much concerned about getting in and out of our house. What if somebody came to your neighborhood and all of a sudden planted a truck two blocks away or three blocks or a mile away from your house and said, "You can't drive to your house today. You can't park there," and you had to walk there or some other way, or not go anywhere at all? That's what we're facing. It's an existential threat for us. You have to understand that. And this is our, you know, way in and out. We got to go to work every day. We got to come home every day. We got to take our kids off, like you all do. I don't know where you all live, but, you know, you go through the same things that we do. You need to look at that as a human being -- okay? -- as our neighbors. We need to work together on this. And like our new Mayor Mike said, it's a bad start for us at this particular moment, but we can repair this, okay? You got to think much, much more about this item, and try to come up with a different location for this. No one wants to get rid of Ultra; they just don't want it there. Thank you very much; appreciate it. Chair Hardemon: Thank you. You know, I've said many times that Key Biscayne is in a unique situation, because they are limited in the ways of access to their island. But they moved there knowing that there was one way in and one way out. But I certainly believe that, because we have access that leads towards Key Biscayne that maybe as a Commission, we can get together with their Council and try to find a resolution to that. I believe that there should be another entryway into their island; into our access, as well. And so, if it's something that we can do to create another access point so that the residents have an opportunity to drive to and through their communities, it would be great. Commissioner Gort. eight months, or a year ago, we tried to talk about. The biggest problem is --I got problems getting in and out of my house, because of all the construction, with all the people that live in Dade County, because they don't live in the City of Miami, but they got to travel through our street. And there's thing one thing called "smart" that's driving all the -- everyone through my neighborhoods. So that's a problem that we got to work as a team for the whole of Miami-Dade. Chair Hardemon: It'll be a huge capital project, but I believe that it could have some positive effects if we have another way in and off of the island. You're recognized, sir. Peter Fleitas: Good morning, Mr. Chairman. Good member, Honorable members of the Council. I am not here as a professional speaker or a politician. I'm a victim. Chair Hardemon: What's your name, sir? Mr. Fleitas: I'm a victim. My name is Peter Fleitas, 1809 Brickell Avenue. In September 2019, I am going to be thrown out on the street. I'm an elder. I'm a person of age. And I'm with persons that they have 80, 85, 90, 100, 101, 102 years. Those persons today are elderly people, but tomorrow all of you are going to be old. Members of the Council, more than asking, I beg you to embrace our claim to put in the ballot the opportunity for the elderly to have decent affordable housing and a rent control. Please, I beg you on behalf of your uncle, your aunt, your sister, your brother; all of the persons that you know, that they are all elderly, and at one time, they help you to your youth, to embrace our cause, and to put in the ballot our claim. You have the power to do it. Please help us. Thank you. Chair Hardemon: You're recognized, sir. City of Miami Page 14 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. Gonzalez: Excuse me, sir, if I may. I didn't get your name, sir, but we are working on getting an extension. Our Mayor is meeting with developers. My staff are meeting with everybody that we need to do and meet with so that we can do the best we can to resolve this problem for you. Mr. Fleitas: Mr. Gonzalez, I thank you very, very much, from the bottom of my heart. And please do the best to search for that rickety sale that nobody was told that was hidden from the people and was done with much, much regard to the Teachers' Association. Thank you, Mr. Gonzalez. Chair Hardemon: Thank you, sir. You're recognized, sir. Councilmember Ignacio Segurola: Good morning, Mr. Chairman and Commissioners. My name is Ignacio Segurola. I'm one of the new Village of Key Biscayne Councilmembers. You've already heard from several different people and different groups about different objections to having Ultra on Virginia Key. I don't want to repeat, and I know you will continue hearing them. I'll discuss two things that you haven't heard yet. Number one, Ultra, having it on Virginia Key will most definitely be a violation of the deed restriction. That is a problem if this gets approved, and it will continue to be a problem in the future; that's number one. Number two, which Chairman Hardemon, I think, just sort of alluded to a few minutes ago, the problem is -- the number-one problem for Key Biscayne is traffic. There's only one road in and one road out. I urge you to vote "no" on the contract for Ultra for the following reason: There is no MOT (Maintenance of Traffic). There is no plan in place on how to handle 165,000 or more people that will be visiting for this festival. Without an MOT, a realistic and actually viable MOT in place, it is unknown if this contract can actually be performed. At the very least, this issue is not ripe for today. I believe you're putting the cart before the horse, approving the contract without knowing if Virginia Key is an even viable location. For all those reasons, I ask you and I urge you to vote "no." The new Council on Key Biscayne is definitely interested in creating a good relationship with the City of Miami. Our doors are always open. We are -- myself, I'm definitely here to talk, however you would like to, but I ask you, vote "no" today. Thank you. Chair Hardemon: Thank you. Mr. Gonzalez: Excuse me, sir, but there is an MOT in place. Councilmember Segurola: Well, if there is an -- I read the contract that was added to the agenda recently. Commissioner Gort: Mr. Chairman? Councilmember Segurola: The MOT -- Commissioner Gort: Mr. Chairman? Councilmember Segurola: -- it's Section 4.14 or something -- Commissione waiting. Chair Hardemon: Right. No -- Mr. Gonzalez: We can address that when the item comes up. Councilmember Segurola: Yes. City of Miami Page 15 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Right. Let's do that. We try to get out of the back and forth, because we want the public comments to be had, so thank you very much, Councilmember. Councilmember Segurola: Thank you. Chair Hardemon: Hello, ma'am. Vice Mayor Allison McCormick: Good morning. My name is Allison McCormick. I'm the Vice Mayor of the Village of Key Biscayne. And if it pleases the Commission -- I kind of suspect it will -- I'm going to keep my comments brief. Other people have said many of the things that I would say, but I would like to just add that much of the conversation on both sides of the bridge for the plans for Ultra have centered around whether or not the City of Miami can move forward with this as far as the -- a legal matter. The truth is that others have much more experience about this than I do, and they will weigh in on that, and I simply don't know. But what I do know is that whether or not you are all legally required to take into account our undeniably legitimate claims and worries about traffic, public safety, damage to the environment, the truth is I think you should. We all need to try to be good neighbors. And with respect to earlier comments, the amount of work that was put into this behind the scenes without notifying us undermines that relationship. And prior discussions have included consideration as to whether or not this Commission should cede any of its sovereignty to another municipality. My answer to that question is "no." But in its exercise of its sovereignty, this Commission can and should consider the impact of its decisions on the broader community. I cannot claim any firsthand knowledge of this, but my guess is that none of you are personally passionate about electric dance music, and please forgive me if I'm wrong. But this is about -- it's about the money, and I don't mean that as a criticism. It should be about money to a certain extent. Our job as elected officials is to be good stewards of our respective municipality's financial resources, but that is not our only job. We also need to protect our environmental assets, and we need to look after our relationship with our neighbors. After all, Miami is bigger than its city limits. We all live in and love Miami. Please don't do this. Thank you. Chair Hardemon: Thank you. Sir, you're recognized. Councilmember Luis Lauredo: Good morning, and thank you. My name is Luis Lauredo. I'm a newly-elected Councilmember. Chair Hardemon: Congratulations. Councilmember Lauredo: Mr. Chairman, perhaps "condolences" is a better word than "congratulations." Chairman Hardemon, the Vice Chairman, Mayor; my good friends of long time, Manolo Reyes, Joe Carollo, and Willy Gort, I feel like I'm coming home to this building from many, many centuries ago. I was the Chairman of the Commission that created the City -- or the Village of Key Biscayne 27 years ago, and I was in the first Council. I had a lot less wisdom and a lot more hair. I'm back to try to contribute to our community. And when I mean "our community," I really mean us, because, like most people on Key Biscayne, I lived -- before I lived in Key Biscayne, I lived in Coconut Grove, as you recall, and worked in this building and other buildings, and most of our residents -- and one of the tragedies of lack of communication -- and it's our fault -- that we allowed ourself to be branded as a bunch of different people than we are. Key Biscayne's population is a -- hard- working young families, retirees, who work every day to earn their pay, pay their taxes. And most of them, as you probably know, working within the boundaries of your City, whether it's Brickell, whether it's Coconut Grove. We feel a community commonality of interest between partly the Roads, Brickell downtown, and Coconut City of Miami Page 16 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Grove. I think we need to change that, because not only is it our leaving the island and coming back, but I want to remind you that those working people who live in Key Biscayne, as well as the working people who live in your city, who go to Key Biscayne to work as professionals, as waitresses, as everything, will be and have been badly impacted by previous events. This will be catastrophic in our view; particularly, you have to understand, as you pause and think about this, we also have a public school almost adjacent to this supposedly concert. We have the Miami Rowing Club, a center of youth development. We have the University of Miami. We have an enormous historical heritage with Afro-Americans in this community in that park that we need to respect and do more about. So, please, consider -- I'd like to have you consider -- not you versus us, but us together, as I'm sure you have. I am painfully aware of the difficulties of your decisions. I am painfully aware that we have started on the wrong foot, and for that, I'm sorry. But we're here to move forward. I ask you to vote "no," and I -- may I say, Mr. Chairman and the Mayor, wherever he may be, I am thankful for the access that your Manager has given me on late yesterday. He was very helpful. As Commissioner -- former Mayor Carollo said in his introduction of me, when I was in a very high position in the US (United States) Government, he was one of the key people who helped me make that possible. He was a colonel in the US Southern Command. So for that, you have a great professional team. We have a great professional team, and I hope you get to know our new Village Manager. So the convergence of a new majority, a new Mayor, a new Administration hopefully will bring us back to a more ongoing relationship instead of crisis management. Chair Hardemon: Thank you, sir. Councilmember Lauredo: So I know that the burdens -- I am not -- I am a Woodstock generation type of guy, so I'm not coming -- this is a different kind of concert. And the fact of the matter, without getting into too much discussion, it was not allowed to renew in an urban area on your shores. So those same standards, I hope that you would consider as you -- Chair Hardemon: Thank you, sir. Councilmember Lauredo: -- I ask you to please vote "no" on this item. Chair Hardemon: Thank you very much. Councilmember Lauredo: And thank you for your kind time. Chair Hardemon: Thank you. Sir, you're recognized. Frank Caplan: Good morning, and thank you. Frank Caplan. Thank you, Mr. Chairman, for identifying us as neighbors. Seeing our former Mayor, Mayor Vernon, my predecessor in office for two terms, reminds me that we've been up here for at least 15 years, saying the same things about one road on, one road off, so I think you've heard enough of that. You understand that. I think what I'd like to speak to, really, is regret and repurpose. We spend so much time here -- fruitful, productive, well-intended time -- trying to have a better relationship, and especially trying to have some kind of platform to guide a better relationship, and it just didn't work. And we need that. We need that for Greater Miami, because Greater Miami will always be lesser Miami without it. The Manager's observations following our new Mayor's remarks really stick with me, and I think what I'd like to suggest is, this is what happens when trust and confidence are at a low ebb. It's kind of inevitable that there will be misunderstandings, because what we heard, what we heard was, "Take it or leave it, or trust us," and neither of those propositions really work for us. And on top of that, whether that's the correct psychology or an incorrect psychology, City of Miami Page 17 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 we spent about two years discussing what would be possible and what would be desirable for Virginia Key, always bearing in mind that that asset sits on top of the only road in and out, and have identified together things that I think many of us think would really be nationally wonderful, significant improvements for Virginia Key. And we sort of did this together. It was very exciting. It's better to spend that kind of time together. So what we heard was sort of a repudiation of all of that energy when we learned about this in the newspaper, because among all the ideas that we discussed for Virginia Key, the one recurring theme that was not desirable or possible was Ultra does not belong on Virginia Key. My personal belief is that that's correct, because there is no MOT that can manage a project or an event the magnitude and with the prospects for unmanageable chaos that that event represents. So my real message and request as I leave office today -- this is my last day -- is that we should really keep trying, but try differently or try harder, because we need to have a better relationship. Thank you. Chair Hardemon: Thank you, sir. Commissioner Gort: No wonder you look so relaxed. Mr. Caplan: I'm sorry? Commissioner Gort: No wonder you look so relaxed; your last day. Mr. Caplan: Yeah. It's all -- Commissioner Gort and I have been together on the League of Cities for eight years. It's really been a pleasure and an honor to get to know you. The League is a wonderful -- it's a wonderful institution, because its mission is to understand that we are sister cities in a region. And when we ally and work together, better things happen. Chair Hardemon: Ma'am, you're recognized. Councilwoman Caty Petros: Good morning. My name is Caty Petros, and I am the last Village Councilmember from Key Biscayne you'll hear from. I haven't met any of you personally, but one thing that's been resonating here is that we need to do better with communication, and I think you all will understand that when a community is feeling a sense of pressure that a lot of times, the wrong message may get out there. And I really would echo all of my colleagues' sentiments; is that I would like to work together. You're aware this concert brings many threats and concerns to our community, as has been stated. But I would like you to still consider your community and what you're undertaking if you were to put this event on Virginia Key, your land. This will definitely clog up your major artery roads, and it will create a tremendous noise nuisance, and will, in effect, shut down access to the most used roadway for leisure and recreation that is in your jurisdiction. The event is estimated to bring in so many more people than any other event that has been housed out on Virginia Key. And obviously, we've known about the environmental components and the school that sits next door, as well as the other entities that exist on Virginia Key. I urge you also to consider alternate venues that don't necessarily have these drawbacks. You voted to remove Ultra from Bayfront Park for reasons that remain equally relevant if this was put on Virginia Key. Noise will be projected across the water. You have more limited access without any mass transit, public transit options. You also have the problem of blocking the access to three major parks; your City park, a County park, and a State park. Your community wants and expects you to think historically when making these decisions. You have an opportunity today to show vision and leadership by saying, "no," again. Please think out of the box and put your safety, sustainability, and all of our residents in your minds. You will be rewarded within your community and with neighboring ones. You already took the bold step of not renewing the contract for Bayfront Park, and I City of Miami Page 18 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 urge you to be consistent with your message by saying "no" to Virginia Key, as well. Thank you. Chair Hardemon: Thank you very much. Sir. Horacio Stuart Aguirre: Morning, Chairman Hardemon, Vice Chairman Russell, City Commissioners. Horacio Stuart Aguirre, before you as Chairman of the Miami River Commission. At the November 5 meeting of the Miami River Commission, the Miami River Commission considered the proposal for the revocable license from the City of Miami to the Miami Yacht Show. And the good news is that this is not on Virginia Key. This is at the Genting property, formerly known as Miami Herald Plaza. The Miami River Commission voted -- Chair Hardemon: Let's have some decorum, please. Sergeant-at-arms, can you step outside to ensure that there's some silence out there, so we can't hear their meeting inside of our meeting? Mr. Aguirre: Thank you, sir. The Miami River Commission supports the license and respectfully requests that the City of Miami approve this license agreement for the Miami Yacht Show for the following reasons: As part of the Miami River Commission's mandate, we are obligated to support all things and all businesses that live and thrive and grow, and contribute to our economy on the Miami River. One of the biggest elements on the Miami River is the growing, burgeoning, very lucrative yacht servicing industry. We have some of the finest facilities in South Florida located on the Miami River, and more are coming. The yacht industry produces millions and millions of dollars to our local economy, and produces thousands of jobs. To be specific, the National Marine Manufacturers Association estimates that the Miami International Boat Show in conjunction with the Miami Yacht Show produces close $860 million in economic impact that affects close to 6,000 people in Miami; most of them in higher-paying jobs on the Miami River, and the supporting industries that support the local marine economy. So we strongly encourage you to vote for this. This is revocable. If you don't like it after one year, you can revoke it. I think it can be revoked with very little time; 90 days or six months -- correct? -- a revocable license; very little time. Victoria Méndez (City Attorney): We can address that. Chair Hardemon: Yes. Mr. Aguirre: Skillfully done, the way I invited her into the conversation. So thank you very much; appreciate your time. Chair Hardemon: You're recognized, sir. Jeffrey Gonzalez: Thank you. Jeffrey Gonzalez here. Thank you, Mr. Chairman and Commissioners, for the time here. I'm here to discuss a -- presently, I'm living in Brickell Key for some time, and moving down from New York City about nine years ago to downtown Miami. Before that, I'm also -- want to thank all the people here at Ultra. I know they're very smart young men and women, and the older men and women that are impacting music in this day and age, and I think it's important. I do appreciate the music itself. So this is not about saying "no" to Ultra. Please understand that. But it is about understanding the different perspectives that many of us feel. And I have a young family. When I first moved, we had no children; that was nine years ago. And we heard the music in downtown, we lived across from it, and we could see it. And the impact, because my wife was recently pregnant, we left town, because it was just a little bit too harsh for her. And leaving New York City, we never experienced anything along those lines. So fast forwarding now, on City of Miami Page 19 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Brickell Key, we impacted again with Ultra several years. We could hear it, but we would stay in town and we would walk our children around, and our children would -- we would see teenagers, young adults, and people that were constantly high the days leading, during and just after. And that was disturbing, so we decided to move to Key Biscayne, thinking that was the solution. That -- we did that three years ago. And it's funny, Mr. Chairman, but it's -- now we're faced with this, and now we have an eight- and a six-year-old. In about three years, my daughter will be going into sixth grade; that's at MAST (Maritime and Science Technology) Academy. And so, there are hundreds of 11-, 12-, 13-, 14-, 15-year-olds that are going to be in proximity to, frankly, the drug pushers that start to come in prior to the event, that stay during the event, and that are around after the event. It's not Ultra, so please don't take it the wrong way. But right now, you're placing a very long-term impact, because I know everyone here can say the traffic issue, the noise issue, everything is a three-day period, and it's not very long for us to be impacted, and I understand the argument. But please think about -- if my time's up -- please think about the children that will be impacted. I think overlooking that and thinking that having Ultra by the water, which is -- that would be a culturally impactful event in the world, and I appreciate that. I appreciate the economic impact, as well, for Miami. I think it's critical. It's critical that it does occur and we can maintain it internally. Chair Hardemon: Thank you. Mr. Gonzalez: So please don't get the wrong idea. We should keep it, but think about where you're placing it, gentlemen. Chair Hardemon: Thank you, sir. Mr. Gonzalez: Thank you very much. Chair Hardemon: Gentlemen. Alan Holt: Good morning. My name is Alan Holt, and this is my brother, Reggie Holt. We're here on behalf of the legendary Jesse Holt, a pioneer in the City of Miami, credited as the first African-American male allowed to compete against Anglos in 1961 at Allapattah's Moore Park. We want to thank the Commission and the Mayor for naming the -- through proclamation -- March 3, 2018 as Jesse Holt Day. And we're here today to thank you as we proceed toward the goal of renaming the field or the track at the City of Miami's Moore Park as Jesse Holt Field. He has touched thousands of lives, and obviously, we're here to share that message. Reggie. Reginald Holt: Yeah. I would just like to add that on behalf of the Holt family, the Board of Directors of the Miami Northwest Express Track Club, and all the thousand -- tens of thousands of inner city kids that have come through this program and have changed their lives for the better, we thank you. We respect this board, and again, we're humbled by the gesture, and we look forward to the change. Thank you. Chair Hardemon: Thank you very much. Sir, you're recognized. Mayor Robert Vernon: Robert Vernon, 475 Ridgewood Road. As the past Mayor of Key Biscayne, I had the pleasure of working on the Virginia Key Master Plan during its adoption phase. We spent, as you all know -- some of you; some of you weren't here -- many hours of citizen input, meeting in many places around the City of Miami, and adopting what I felt was a fabulous plan for not only the City of Miami, the Village of Key Biscayne and all neighboring communities. I now have the pleasure of sitting on the Virginia Key Advisory Board, which was created by resolution, by your Commission. For three years now, we, as a board, have been City of Miami Page 20 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 asking for -- to the point of demanding -- the information before we get to this point. And we've been able to save the City of Miami, through our advice -- because that's all we are, is an advisory board -- but the North Point shoreline, they wanted to put a $3 million seawall up. And we have some incredibly talented people on this board who said, "Why not you build a living shoreline? It'll cost you $800,000, and accomplish exactly the same thing. So come -- I came here today to speak as a member of the board, and wanting -- we've asked the City staff for three years now to give us a list of what is expected to come before you all, so at least we can weigh in on it. That's, I assume, why you all created this board; as an advisory board to help you all make decisions when it comes to the master plan of Virginia Key. We continually are being left out of that phase. Two months ago -- and I'm going to wrap up -- at the end of a meeting, one of our board members had heard that Ultra was not going to get -- was going to get moved out of Key Biscayne and -- or moved out of the City of Miami and put out on Key Biscayne. This is in your -- in the minutes of our meeting. I immediately asked City staff if they knew anything about it. Nobody knew anything. I was in politics on Key Biscayne for eight years, and I know you cannot move a venue like this in two months without nobody knowing anything. So with that, I respectfully request that this come before our board so we can monitor; we can look at the MOT (Maintenance of Traffic) plans, we can look at -- We've seen nothing, absolutely nothing as it pertains to this application. So with that, I thank you very much, and I wish you luck, because I've been where you're sitting, and it's not an easy task. Thank you. Chair Hardemon: Thank you, sir. I want to remind everyone that we have two minutes to address this body. I'm going to enforce those two minutes, so when you see it, don't be offended, don't take it personally, it is just what we need to do to get through our public comment period so that we can continue on with the business. You're recognized, sir. Spencer Pylant: Thank you. Good morning, Mr. Chair, Mr. Mayor, and honorable Commissioners. It's great to see you here today. I'm Spencer Pylant, 1601 Biscayne Boulevard, Ballroom Level, Miami, Florida. I'm here on behalf of the Greater Miami Chamber of Commerce, and I'm here to stand in support of two great economic drivers for our City. The first is the Miami Yacht Show. The Miami Yacht Show is a friend of the Chamber, and its impact on tourism, jobs, and economic development are outstanding. We heard earlier that nearly $260 million of economic impact last year alone, and Miami companies have contributed directly to this function in nearly $65 million in marine product sales, which translates to more than 3,000 jobs. We think that's important for our local economy here, and it's something that we ask your support for today. The second item is the Ultra Music Festival. Ultra is a proud Chamber member, and we're proud to stand with them today. Their festival is a crown jewel for Miami entertainment. It's an incredible economic driver, with nearly 1 billion -- with a "B" -- dollars in economic impact since 2012. We appreciate -- We'd like to offer as a resource, actually -- we've heard some of the different concerns today regarding resilience. We have a resilience committee that is made up of academics \[sic\], government allied folks, environmental specialists, and members of professional services. And we'd like to offer that committee as a resource; that they can be helpful with this transition, wherever Ultra Music Festival should go. We appreciate the time that the Commission is dedicating to this issue. We thank you and ask you for your support. Chair Hardemon: Thank you, sir. You're recognized, ma'am. Rachel Silverstein: Thank you. My name is Rachel Silverstein. We're at 2103 Coral Way, 2nd Floor. I'm the Executive Director and water keeper of a local nonprofit group called Miami Water Keeper, and I'm here today to speak on behalf of the new neighbors of Ultra, who would be the new neighbors of Virginia Key, and that is the City of Miami Page 21 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 wildlife in the area. And while I appreciate the concessions that have been made to date by the Ultra producers in terms of reducing and limiting plastic and waste, I feel that it doesn't quite address the issue of the uniqueness of Virginia Key, what Virginia Key is there for, and the critical wildlife area that's next door, the school that's next door, and the local million-dollar research facility that would be impacted by this. Many of you may or may not know that the critical wildlife area is a designated area for birds and other wildlife to live safely, and it has been so protected that you are not even allowed to kayak through that area without a special permit. So I contacted yesterday DEP (Department of Environmental Protection), who manages this critical wildlife area. They had no idea that this was going on; they hadn't even heard about it. I don't know how this is moving forward without a permit for disturbing the critical wildlife area, because, certainly, you know, three days of electronic music is going to have an impact, right in the middle of bird nesting season and manatee season. There's tons of research about how this kind of noise would affect birds and manatees. The City and the County have spent millions of dollars restoring the very sensitive habitat in this area. And frankly, the public trust has been broken by the City in the use of this area in the illegal removal of the mangroves three years ago that have still not been restored. So it's very hard to sit here with a straight face and to hear about how we're going to do it better next time when the last problem still has not been addressed and not been fixed. So we strongly oppose this move because of the environmental impact, because we feel like all the environmental stakeholders and agencies have not been -- Chair Hardemon: Thank you very much, ma'am. I appreciate your comments. Julie Kim: Good morning. My name is Julie Kim, 436 Northeast 77th Street Road. And with respect, I stand here today in support of Agenda PH.4, to support Ultra Music Festival to be held in Virginia Key. I'm a huge supporter for numerous beneficial reasons; not only to myself personally, as a resident of Miami, but also as a small business owner and as a taxpayer of our great City. We live in a young lively city where professionals and people of all ages from all over the world come to work, live, vacation, and have a great time. Miami has had a positive transformation over the years, adding more culture, diversity, art, and music. This has brought many different activities, events, and festivals like Ultra to grow, which has brought in more residents, businesses and tourism to Miami. However, Miami is still a growing city. And if we inhibit something that brings growth, why do we live here? Ultra increases tourism and boosts our economy. If you ask business owners, restaurants and hotels if Ultra benefits their business, it's an overwhelming "yes." For this reason alone, going against Ultra would be a huge disservice to our city, and a short-sighted decision as a whole. To many, this may seem like just another music festival. However, Ultra brings people together from almost every continent around the world. It's actually incredible how many people come together during Ultra. It's amazing to see thousands of happy and kind people come together. Even all the men and women in uniform have a great time. Ultra provides incredibly positive energy, and I must say it is quite remarkable to experience. And honestly, with all that's happening in this world, it's always a beautiful thing to spread good energy. And all this happens in just one weekend. So I ask for all those not in favor and those on the fence to just take a moment to see through the eyes of all these positive and beneficial reasons, and the decision for Ultra to stay might be a little bit more helpful. Thank you very much. Chair Hardemon: Thank you very much. You're recognized, ma'am. Kelly Cox: Thank you. Good morning, Commissioners. My name is Kelly Cox; address, 2103 Coral Way, Miami, Florida. I'm the staff attorney and Program Director for Miami Water Keeper, a local nonprofit dedicated to defending and protecting South Florida's watershed. Today I'm here to speak on behalf of our City of Miami Page 22 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 hundreds of members in opposition of this proposal for -- to allow Ultra to take place on Virginia Key. This is one of the largest music festivals in the world. And frankly, this site is just simply not suitable. We are entertaining the idea of hosting hundreds of thousands of people on this island, and it's simply not sustainable. The noise, the light, and the human interaction on the ecosystem; not just the contribution of marine debris into the environment, but beyond that, the impacts to the ecosystem are going to be absolutely certain. Our wildlife is severely impacted by noise, and it can even result in injury and death through the stress that the wildlife experiences. We are going to expose our wildlife to this after a summer that was filled with rampant red tide and algae blooms where our wildlife could barely even survive in the first place. This is a problem. I also want to draw your attention to the threats of pyrotechnics that are often used at this festival, and how those might impact our protected mangrove forest. We are looking in -- at wildfires that are running rampant through California right now, and there is cause for concern for fires in this area as a result. Additionally, we've spent millions of dollars restoring dunes and mangroves in parts of this island, and it's really cause for concern that festival-goers might be able to trample those dunes; not to mention that festival -- people who might not even pay to access the festival may access it from the water side, so this is also cause for concern. I also want to point out that our major research institutions, the National Oceanic and Atmospheric Administration and RSMAS (Rosenstiel School of Marine and Atmospheric Science) at University of Miami are located nearby. Their research is funded by -- Chair Hardemon: Thank you very much, ma'am. Your time has expired. You're recognized, sir \[sic\]. Jacqueline Greico: Hello. My name is Jacqueline Greico. I am a resident of Miami, living at 2121 North Bayshore Drive. I just wanted to say a few words. I am in favor of Agenda PH.4, Ultra Music Festival on Virginia Key. I do work in the nightlife industry, and if we -- it does bring a lot of revenue to most of the nightlife venues in our city, as well as safe spaces for artists from all over the world to come together once a year. This is one of the only festivals that I know that has been as successful in Miami, as its founding city. It would be a shame and very disheartening to not continue having Ultra here, as it was its founding city, so I hope you take that into consideration. Thank you -- Chair Hardemon: Thank you very much. Ms. Greico: -- for your time. Chair Hardemon: You're recognized, ma'am. Conchita Suarez: Thank you. Conchita Suarez, 201 Crandon Boulevard, Key Biscayne. I have a simple message for you. I am 88 years old, and I'll be 89 in three months. Applause Ms. Suarez: I am very grateful that I'm fairly healthy. However, emergencies occur all the time. How are you going to allow ambulances and people who need to getto a hospital if Ultra is there? Please consider not allowing this. Thank you. Chair Hardemon: Thank you, ma'am. Crystal Valley: Hi. Good morning. My name is Crystal Valley, and I reside at 950 Brickell Bay Drive, Miami, Florida 33131. I am in support of PH.4. I have been a Miami resident for 31 years, and what I love most about Miami are events like Ultra City of Miami Page 23 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 that bring in people from all over the world, where it doesn't matter what your background, religion, or nationality is. Everyone comes together to have a good time and enjoy the music. But aside from Ultra's lineup, one of the main reasons Ultra's attendees come here is to vacation and enjoy Miami's beautiful scenery, beaches, art district, and our cultural diversity. While I understand the residents' concerns in regards to environmental issues, I also believe that if we work with Ultra, together we can improve any environmental concerns that we may all have, and that Ultra can actually be a big help in the preservation of wildlife and keeping the environment intact, whether it be through beach cleanups, recycle stations, and wildlife preservation, to name a few. Ultra started in Miami, and I am in support of Ultra staying in Miami, because I believe that Miami is the heart of Ultra. Thank you. Chair Hardemon: Thank you. Nathan Kurland: Commissioners, Nathan Kurland, 3132 Day Avenue. Ladies and gentlemen, on the way over here today, I was wondering, if vegetarians eat vegetables, what do humanitarians eat? I'm here kind of in a quandary. I served as a 12-year member of Bayfront Trust. I was the signator. I wrote the checks. 2008, when the City defunded Bayfront Park, Ultra was there, because every city should have a great park. Every great city should have a great park. Ultra was there. We have one of the greatest production teams headed by this gentleman right here, Ray Steinman; probably one of the greatest production teams not only in Florida, in the United States, but recognized all over the world. Every year, as a member of the trust, I saw Ultra improve the -- hardening the fences, eliminating underage children from attending the festival, increasing security by Ray Martinez. It's an extraordinary -- and to go over with you the economic impact is silly. You already rejected that argument. To go over with you the branding recognition, which we couldn't even pay for if we wanted to, you already rejected that. Personally, I would like to add that I'm again a little torn. I do not believe -- I'm sensitive to our neighbors in Key Biscayne, but I'm more sensitive to the land on which Virginia Key sits. I don't know that this is a great venue for a musical concert. I do believe that you might want to consider -- if we actually did negotiate in good faith with Ultra, you might want to consider moving it back to Bayfront Park for one year; for one year, and then give Ultra a chance to look around for a different venue. But that's just my opinion that it would satisfy, I believe, everyone who wants to keep Ultra here in the City of Miami, and let us be known for the fact that we appreciate all that Ultra brings to the fabric of this city. Thank you. Chair Hardemon: Thank you, sir. Ma'am, you're recognized. Jay Toback: Good morning. I'm Jay Toback. I live at 10 -- Chair Hardemon: Let me explain something to you all. With the exception of the young lady that is turning approximately 89 years old, there is no clapping, verbal outbursts, or anything of that nature because of what people say in this chambers, or showing your approval of it through those manners. So I ask if you are in support of spirit fingers, but doing nothing offensive, because that would get you removed. So thank you very much. You're recognized, ma'am. Ms. Toback: Good morning. I am Jay Toback. I live at 1060 Brickell Avenue. I've been a resident of Brickell for 10 years. I'm also a Miami native. I'm in favor of Ultra moving to Key Biscayne. This past July, I volunteered for a beach cleanup that actually took place on Virginia Key Beach. What we picked up was obviously litter, trash, weeds, et cetera, so this already exists. What I feel Ultra can offer is resources and efforts for the environment to make more effective impact. Ultra City of Miami Page 24 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 creates a loving environment that we are one family and to look out for each other. I've never witnessed any violence inside the festival. I feel that the camaraderie and the love that brings people together -- this festival unites people, and the benefits are endless with the resources that they can provide back to the community. The tourism dollars that are put back into the economy are a lot. I encourage you to vote in favor for Ultra to be held at -- the festival at Marine Stadium in Virginia Key. I believe that we can come together with an action plan. Thank you. Chair Hardemon: Thank you, ma'am. You're recognized, ma'am. Esther Alonso-Luft: Good morning, gentlemen. And a pleasure being in front of you again. Esther Alonso-Luft, and I own and operate Virginia Key Outdoor Center on Virginia Key's North Point. It's an area that will be affected, so for us, it's not a three-day event; it's a 35-plus day event. This is a major function. And you all know Virginia Key, but I'm not sure that we've done a good job showing you exactly why Virginia Key is so special and so sensitive. I put before you that it is the epicenter of Miami life. It is the center point of why people come to South Florida. It is a primitive shoreline. It is beaches on the ocean. We have calm lagoons. We have Fisher Island right across from us, and their multi-million-dollar homes; South Beach in the background; the working Port of Miami. And then, as we look around, we continue to see downtown and Brickell. And then we come back to the residential area and back to the island, and its hardened mangrove shorelines. These are established mangrove forest, and a vital key element to protecting our mainland. A simple accident, similar to what occurred at the EDC (Electric Daisy Carnival) Orlando on Sunday could put this entire mangrove forest at risk. Even if you have fire boats on the water, reaching an inland station is limited. I don't believe that the historic park has the fire pump stations that would be necessary to address that. Please recall that it was the fire boats that caused harm to Marine Stadium during practice training runs, and we're having to pay the money to go ahead and restore that coming down the line. But for us, it's a closure. And the problem with major events on Virginia Key is that that economic impact shifts; it shifts back to the promoter, because where -- in -- when you're downtown, people walk, they ride, they get there by other means. When you're on Virginia Key, you're landlocked. The event attendees will be there for the entire 14 hours. Chair Hardemon: Thank you very much, ma'am. Ms. Alonso-Luft: If you need me, call me later. Chair Hardemon: You're recognized, sir. Gene Tinnie: Get this to normal height. Good morning, Mr. Chairman and Commissioners. My name -- excuse me. Chair Hardemon: Would you like a portable microphone? Mr. Tinnie: Pardon me? Chair Hardemon: Would you like a portable microphone? Mr. Tinnie: If you can hear me, I'm all right. Chair Hardemon: Oh, okay. Mr. Tinnie: Can you hear? Chair Hardemon: Yes. City of Miami Page 25 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. Tinnie: All right. Good. Thank you for the consideration. My name is Gene Tinnie. I reside at 74 Northwest 51st Street in the magic City of Miami. I also have the honor of serving as Chair of Virginia Key Beach Park Trust; which, as everyone knows, has a very distinct vested interest in this whole discussion. And I guess I should begin by just acquainting everybody -- or reacquainting essentially with the Trust. And I preface this with a -- maybe just a few general remarks, the first of which is that -- and I -- very realistically, this goes for any event on Virginia Key or anywhere else. We're beyond the time when we can even consider an event of this kind or any kind happening in any other way than being extremely environmentally responsible; that we no longer have the option of being careless. There are a few proverbs that really apply here. I think I'll also preface what I have to say with that, because it helps to bring light rather than heat to some of these conversations. First, problems are rarely solved by the mindsets that created them in the first place. Secondly, mental health is defined as "Persisting in the same behavior with the expectation of different outcomes." Third, the -- it's better to light a lamp than curse the darkness. And fourth, those who row the boat don't have time to rock it. I think, you know, we -- it's always good to have a common, shared sense of purpose in mind. I was hoping to get all the points I needed to make a little more organized. Chair Hardemon: Now, I'll give you a little bit more time because of the interest that you have in the space. Mr. Tinnie: Thank you. Thank you. So to acquaint you with the Virginia Key Beach Park Trust, it was -- in 1999, there was a scheme afoot, which we could look back -- in retrospect, I think you all would agree was rather hair-brained -- to create an exclusive resort at the site of the historic -- what is now Historic Virginia Key Beach Park. The -- in response to that, the community, the Commissioners, the Mayor, everybody saw the wisdom in a much better land use being to restore that land, that site to its former splendor, as it were, because it is both a natural treasure and a historic treasure. This, for those who don't know, was the site of the one-time colored park during the Jim Crow segregation era. But it had the rare distinction among colored parks in the south at that time of being very, very much different. This was a world-class destination. It was very comparable to Crandon Park. It was not the second-class vacant lot that people associated with colored parks, and for that reason, it became a hub of black life. It brought together all neighborhoods. It brought together all social classes. It was a place that was a place of spiritual uplift. It was a place -- a destination for tourists, celebrities; celebrities who could perform on Miami Beach, but could not stay on Miami Beach. So we have a situa -- a place that was really consecrated in a lot of ways by the struggle for human rights, because it began with a protest, a very courageous protest at what is now Haulover Beach, in 1945, to demand a colored park -- not even an integrated park -- a colored park. The beauty of what happened in 1999 was that we had an extraordinary combination, coalition of people; environmental activists, historic preservationists, public park activists, simply concerned citizens, members of the African-American community who fit one or more of all the aforementioned categories of which -- and I would be one of those. It's actually kind of interesting, coincidental -- maybe it's divine providence at work -- that this particular week -- Last Wednesday, it didn't escape our notice that November 7 was the birthdate of our late community matriarch, Mrs. M. Athalie Range, who played the very key role in bringing that coalition together and leading this whole effort. Yesterday was the anniversary of her passing. So we're -- this reminds us that here was somebody who had served this community in so many different ways for decades of her life. In her 80s, when this prospect was brought to her attention, she said, well, give her 24 hours to think about it. She called me the following morning and said, "I'm going to take this on." And she was probably the only one who could have led this. And that coalition is one that I'd like to assure everybody that we absolutely need to keep together. Every City of Miami Page 26 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 environmental concern that you'll hear expressed here, we share it. Every historic preservation concern, we share it. So how are we -- Chair Hardemon: How do you feel about the resolution? Mr. Tinnie: -- connected to this particular proposal? In response to the community demands at the time, the City established first a task force, then an advisory board, and then a full-blown Virginia Key Beach Park Trust, which still is functioning, and it was chaired by Mrs. Range. The Trust had basically a threefold mission. The first part of that was to restore the park; meaning both the environment, removing harmful exotic plant species, and restoring the historic structures that were there. Secondly, we had to reopen the park to the public. It had been closed for 25 years. A whole generation missed out on this beautiful scenic site, which New Times Magazine would eventually call "the best beach in Miami" -- New Times Newspaper, rather. And then the third -- and this was the -- this came out of a very broadly- based community charrette -- was to make the space what we would call an indoor/outdoor museum experience; an interpretive space that would simultaneously celebrate the history and present the history, the social history, the natural treasure that it is, natural awareness, along with recreation -- having fun, in other words -- and cultural activities of all kinds. What was once restricted to only people who had a certain skin shade would now be open for the whole world to share and enjoy. Out of that came a master plan, which included the building of a museum. And I don't mean to be too verbose, but I just want to make sure we get a good understanding. Through Mrs. Range's efforts, the County Commission was able to allocate funding for the construction of this museum. And let me clarify. We're not talking about a museum plunking down some architect's -- you know -- signature project on the land. We're talking about a structure that is not on -- more of the land than on the land that is as minimally intrusive, and making the whole 82 acres -- 82 and a half acres interpretive so that we would have the botanical garden experience where folks can understand what the plants are, what the trees are, how this barrier island came to be formed. Virginia Key, I would just mention, is one of the two southernmost barrier islands in the Continental United States, along with Key Biscayne, so it's a very special place. The issue went to the voters. The voters enthusiastically supported it. The County GOB (General Obligation Bond) Program was launched at Virginia Key Beach, and that was because our proposal was the first one to be submitted, and by all the people who reviewed it would consider it to be the best. Now, for the funding from the County, $15 million from general obligation bond, 5 million from the CDT, Convention Development Tax -- the City has to agree that the improvements to the park that the bond supports will be perpetuated and maintained in perpetuity. Over the years since then, there's been a concern in the City as to what would that commitment entail? Will the City always have the money to do this? Would it be wise to commit to something that can't be sustained? We heard any number of proposals come before us; some that could be dismissed out of hand; some that were very promising. There was a possibility that the wildlife rescue operation that was at the old science museum might come to us. That didn't happen. But the idea was that we gave everything -- every proposal a very open-minded and fair hearing. And now we have before us the possibility of Ultra. What this offers is here for the first time, we actually have something that can provide the groundwork that -- to provide that future endowment, provide that sustainability that will allow this vision that Mrs. Range gave her life -- well, the last years of her life --to fulfilling a real chance of finally getting built, because it cannot start building until that agreement is made with the City. And -- but I hope, you know, that kind of clarifies the most immediate interest that we have in this. And in approaching this, we're doing this -- we were -- unfortunately, we, as trustees, were unfortunately not able to meet face to face with the Ultra folks, because Mr. (UNINTELLIGIBLE) mom passed just on the very day that we were going to have that meeting. City of Miami Page 27 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Mr. Tinnie -- Mr. Tinnie: -- but -- Chair Hardemon: -- I want to -- I'm going to ask -- Mr. Tinnie: I'll wind up right now. Chair Hardemon: Well, it's been about 10 minutes. Mr. Tinnie: Pardon me? Chair Hardemon: It's been about 10 minutes, so -- Mr. Tinnie: Yeah. Let me -- then let me wind down -- Chair Hardemon: I'll give you 30 seconds. Mr. Tinnie: -- right with that. I think I've laid out pretty much the background that would help everybody, and thank you very much for the extra consideration, because I think we all benefit from having again, you know, more -- being more informed helps us more than being less so. Thank you again very much. Chair Hardemon: Thank you, sir. I don't want to -- Commissioner Carollo: Mr. Tinnie (INAUDIBLE). Chair Hardemon: Mr. Commissioner, I don't want to -- I want to -- Commissioner Carollo: I just need 30 seconds. Chair Hardemon: Okay. Commissioner Carollo: Mr. Tinnie, you gave an excellent historical review, but who was that Mayor that spearheaded that in 1999 and brought Commissioner Range -- Mr. Tinnie: I know that guy. Commissioner Carollo: -- and your wife worked for him? Mr. Tinnie: Wait, wait. I saw his picture in the post office. Wait; good reminder. Thank you. Thank you very much for that reminder. And, of course, Commissioner Gort -- Commissioner Carollo: Commissioner Gort was part of it. Mr. Tinnie: -- was very much onboard with that. And I'm so glad you're on the Commission, because -- to help, you know, that discussion. Thank you. Commissioner Carollo: Let's get together so we could help you fund-raise, come up with ideas on the Trust. Mr. Tinnie: Absolutely. You've been helpful before. Thank you. Commissioner Carollo: Good. Regards to your wife. Chair Hardemon: Sir. City of Miami Page 28 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Bradley Luft: Good morning. My name is Bradley Luft. I am a resident of Miami. I am in opposal \[sic\] to PH.4. I believe that the impacts it'll have environmentally are far going to outweigh any impact that it can have economically, any benefit that it may pose. There are people who go to Ultra who end up selling their ticket for the third day, because they have headaches, they're not feeling well from the constant exposure to loud noise. We wouldn't subject our animals to that. We wouldn't leave our dog in a room for three hours, much less three days, with extremely loud noise. In fact, most of us hide them on the Fourth of July for that exact reason. Why would we subject marine life and vulnerable wildlife on Virginia Key, which is far more vulnerable than any canine -- any human, maybe -- to this kind of possible impact? Furthermore, the possible litter from Ultra, which is impossible to prevent -- there's nothing short of saying that it's impossible to prevent -- will end up in the Sadowski Critical Wildlife area, which is a vital spawning area for not only manatees, but much marine life in the area, as well as much -- as many birds. Furthermore, this happens during a time where manatees are spawning, go back to that, and there's a lot of bird spawning, as well as migrating. All this noise is going to cause those birds to essentially completely vacate any nest that they have. Any young that they have there will be left to fend for themselves; nothing short of dying. I'll ask that you please reconsider putting Ultra on Virginia Key. We don't want Ultra out of Miami. There's no debate on whether or not it has a great benefit economically. We ask you to consider the environmental impact that it will have that will last for a long time. Thank you. Chair Hardemon: Thank you, sir. Ma'am, you're recognized. Annabell Nahra: Good morning. My name is Annabell Nahra. I live at 950 Brickell Bay Drive, Miami, Florida. I've been a downtown resident for about 10 years, and I've been going to Ultra almost every one of those years. For many concert goers, Ultra is their modern day Woodstock, where they get to enjoy the music with thousands of other people. But Ultra is about so much more than just the music. Many estimate that it brings over $80 million into the local economy. As a downtown resident myself, I would see that the restaurants that were once suffering and not doing well, and the cafés that were half empty, all of a sudden duringthe festival are packed with people. They're hiring new people to come in to take care of the overflow of individuals coming in. The hotels are suddenly at capacity. All of the ride services, they're hiring extra drivers to bring in to deal with all the new domestic and international people that are coming in. All you have to do is look around at the Ultra festival itself and see all the flags on show to recognize the enormous international impact that Ultra brings to Miami. It is my experience that the Ultra organizers do work with the local community. They put us on notice about changes in traffic, about issues that are going on with sound testing. They do everything they can to build the stages efficiently, and to bring them down efficiently, with as minimal impact as possible. There's no question that there is some traffic and there is some noise disturbance, but it's for a limited period of time. There was - - nothing can place originally to deal with the traffic in downtown, but between the organizers and the community, they've got it together, they figured it out. People went to work, people came back from work, they took those kids to school, they went to church, and they went about their lives. So I would ask that you vote "yes" on the resolution to move Ultra to Key Biscayne. Thank you. Chair Hardemon: Thank you very much. Vice Chair Russell: Apparently not enough people are leaving to allow new people to come in. Chair Hardemon: Right. So I'm going to take care of it first. City of Miami Page 29 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Vice Chair Russell: All right. Chair Hardemon: You're recognized. Ann Taintor: Hi. My name is Ann Taintor. I've lived on the Key since 1966. I was raised in Miami Shores. My late husband was a fourth generation Miamian. Unfortunately, Miami, growing up, has always had the reputation of "Show me the money"; not necessarily doing what's good for its residents or its neighbors. I grew up in the era of Woodstock. Ultra is another Woodstock. It belongs on a major fair ground out in the country, or outside of city limits, not on Virginia Key. I ask you to reconsider if you're thinking about voting for it. And if you're not thinking about voting for it, well, good for you. Thank you. Chair Hardemon: Thank you, ma'am. You're recognized. Wendy Kallergis: Good morning. My name's Wendy Kallergis, and I'm the President and CEO (Chief Executive Officer) of the Greater Miami and the Beaches Hotel Association, and I -- It's okay that I speak on behalf of two items? Chair Hardemon: Yes. Ms. Kallergis: I am representing our board of directors and our members to speak on behalf of two industry-related events; the new location for the Miami Yacht Show, as well as Ultra Music Festival. Our association represents more than 180 hotels and 250 industry-related businesses located across Miami-Dade County. Annual events, like the Miami Yacht Show, that bring thousands of visitors to Miami, fill our hotels, and support the area's local businesses are of utmost importance to Miami's hospitality industry and the association. Last year, the show delivered $486 million of economic impact to the State of Florida. We are proud to support the Miami Yacht Shows planned new location at the Resorts World Miami property in Sea Isle Marina in downtown Miami, and the added benefits it will bring to our members. We also look forward to the return of the Ultra Music Festival. From the perspective of our membership, the festival generates positive economic impact through sold-out hotel rooms in downtown Miami, Brickell, Coconut Grove, Coral Gables, Miami Beach, and throughout the entire County. Since 1999, the Ultra Music Festival has brought a younger demographic market to Miami that returns year after year, spending additional dollars with us. The GMB -- can I -- do you want me to stop? Chair Hardemon: No, no. You have 27 seconds. Ms. Kallergis: Okay. The GMBHA (Greater Miami and the Beaches Hotel Association) supports Ultra in 2018 and for many years to come. In 19 -- please also find a diverse luxury list of hotels comprising of luxury boutique limited service independent hotels across Miami-Dade County. Thank you so much for your -- Chair Hardemon: Thank you very much. Ms. Kallergis: -- attention. Thank you. Renita Holmes: Good morning, Commissioners, Mr. Chair. Madam Holmes with Wave of Women in Public Housing, Education, Finance and Development, as well as a citizen of Overtown, proud. Rest in peace, Commissioner Athalie Range, great historian. I could imagine that half of us here, those particularly in white shirts without no collar hanging out know the history of this beach, know the history of this location, know the history of this neighborhood and the community that they'll be traveling through. I'm very happy with the balance, because some of you here live City of Miami Page 30 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 with -- you do know the work that's being done. And Mr. Zulu was very, very elaborate in his explanation. So it's just more than just come down here and start a process by which the people who are most impacted, those who have dedicated the most time, and you all put so much into it. I'm going to try to make this short, because the CA -- I just want to say, Commissioner and Chairperson, I feel cheated, because I represent a different perspective on the CA and the public hearing, but this one is more historical about the history. This beach has been an issue since the environmental (UNINTELLIGIBLE) and half of those who come here for the party are also animal lovers, and love wildlife, but don't talk about the impact. This process normally has young folks in impact afterwards and had -- particularly for African Americans. So while I see the money that's coming here, I want to tell you about the lives that were impacted. And money can't buy everything, particularly respect. But most relevant, I'll speed up and say to you, living in Overtown, it was always residuals left from the aftermath of this concert and the others, which I have not seen addressed in this process, nor heard from anyone. That was the number of women that I picked up off the block; the number of women that were naked, walking around in Overtown; the number of women that were on the sidewalk; the number of women in the park; the number of women was in Rape Treatment Center. You know, if it wasn't for the older officers that came here today, I would have been standing outside, hot, with a colostomy bag, with a whole lot of stuff going on. But out of their consideration for my age, because they've seen me here -- Chair Hardemon: Madam Holmes, I'm sorry, your time has concluded. We're strictly adhering to the two minutes. I'll give you 10 seconds to close. Ms. Holmes: The lack of respect for elders, it goes on. But if you have a better way of doing this, to make sure that women and children are safe, then I won't feel like we, as African Americans or other members in this local community that you're accessing are being heard fairly and correctly with respect -- Chair Hardemon: Thank you, Madam Holmes. Thank you, Madam Holmes. Madam Holmes, Madam Holmes, I need to move on. I need to move on. I need to move on, Madam Holmes. Madam Holmes, Madam Holmes, please take a seat. Please take a seat. Please take a seat. Mr. McKnight, you're recognized. Irby McKnight: Good morning, Commissioners. I'm Irby McKnight, 1600 Northwest 3rd Avenue. I am here today because I am a senior companion, a volunteer with Dade County. And our senior group at Greater Bethel AME (African Methodist Episcopal) Church, as well as the Culmer Center have two picnics a year on Virginia Key. Some of these seniors are 90 years old, and Virginia Key is the only beach they know, thanks to Jim Crow. Well, those seniors support; that's why I'm here. They support Ultra; not that they're into the electronic music, because they're not, but they're looking for a revenue stream for Virginia Key Beach so that they on a fixed income does not have to dig into their budget in order to provide an outing on Virginia Key Beach for them. I do think I will abide by your vote. I will respect your leadership, Commissioner Hardemon, Commissioner Willy Gort, Commissioner Russell, and Commissioner Carollo. We know each other, because you were Community Development when I was the CDBG (Community Development Block Grant) Board Director. So all of us here understand and support Virginia Key Beach. When Mr. Tinnie spoke, the -- Commissioner Carollo was Mayor at the time that Mr. Tinnie spoke about, and he did help us with getting the Trust set up under Mrs. Athalie Range. Well, whatever your decision is, we are going to live by it. But we want you to know when you're making your decision that you're dealing with a group of senior citizens who -- that's the only beach they know, and it had nothing to do with them. So they still go there for picnics. Thank you. Thank you very much. Remember, Virginia Key Beach needs a revenue stream. City of Miami Page 31 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Thank you, sir. You're recognized. Constance Viera: Good morning, everyone. My name is Constance Viera, and I'm here representing the American Engagement Foundation, and this is Maria Carolina Maio, representing Meals for Hope. As you are aware, in Venezuela, the crisis is growing exponentially. And the International Aid Agencies are still on the border. The social workers are in the communities, and while (UNINTELLIGIBLE) organizations and the volunteers continue to work day by day in every corner of the country. Outside of Venezuela, we also keep working with a lot of will to alleviate the suffering that continues in our country, by defending human rights and bringing hope in the midst of crisis and hunger. With your support today, you are part of those people who provide aid to Venezuela during its most difficult moment in history. Like every holiday season, there are many initiatives that come together with the aim of bringing a smile to Venezuelan children. In this case, the Network of Help, (UNINTELLIGIBLE) in Miami comes for the purpose of consolidating efforts within a single team made up of seven foundations, with the sole purpose of bringing aid to Venezuela through the collection of resources, such as toys, clothes, and food for children in order to be sent back to the same programs across the country. The nonprofit organizations that participate in this alliance are executing projects to fight hunger and malnutrition in the communities across Venezuela. With the approval of this petition, we will be able to cover many of the needs of these programs. We are certain that by coordinating the collection of resources in the City of Miami through its fire stations, we will create a greater impact. We all have the same purpose; to bring aid to Venezuela. We would like to thank Commissioner Carollo for supporting our initiative, and thank you to everyone else on behalf of the children of Venezuela. Carolina Maio: (Comments made in the Spanish language, not translated). Chair Hardemon: Thank you very much. Pamela Weller: Pamela Weller, representing Bayside Marketplace, 401 Biscayne Boulevard; 32-year business resident. I'm going to talk really fast, because I'm here as a proponent of three issues. One, FR.1: Support Maurice Ferré Museum Park. Maurice was a six-term Mayor of Miami. He is the FIU (Florida International University) honorary doctor of public service. He was a visionary, and without him and a few others here in the City of Miami, Bayside Marketplace wouldn't be here today. Second, RE.14: To approve the grant from the State of Florida to award and assist the historical preservation of the Olympia. The Olympia Theater Façade Restoration actually won $500,000 from the State of Florida, and we're here to support that grant. Lastly, amending Chapter 38-113, increasing free access of Bayfront Park to general public by 85 percent. Thank you. Chair Hardemon: You're recognized, ma'am. Taima Hervas: Yes. Good morning. My name is Taima Hervas. I am a Program Director for a nonprofit called A Great British Weekend. We celebrate the connections between the United Kingdom and Miami and Atlanta and in LA (Los Angeles), and I've been working here for six years, in conjunction with many leaders of industry, trying to celebrate everything we can that is great about America; and specifically, about Miami. I feel we've been very successful in pointing out some of the fantastic things, including our environment, our tourism, our dedication to keeping Florida beautiful. I'm here to speak on Number 4. And sadly, I'm against the move of Ultra to Virginia Key, because in my experience, I feel it's not only a tremendous -- going to have a tremendous environmental impact that will negatively affect the park and historic area, but I think it's also, in a much bigger picture, just a bad idea. And I think we've seen so many people here from Ultra. I'm sort of City of Miami Page 32 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 surprised, because I think you do such great work. And I have a 19 -- one 20-year- old and I have a 17-year-old, and they love music. They love the festival. They think it's fantastic. But I don't feel it belongs on Virginia Key, and I'm surprised that you would push so hard for this venue. I know you've sort of been kicked out of a place where you were happy, and I feel that there might be other opportunities. And I think in the big picture, and pull back the zoom and look globally at where we are, it's not just about traffic. It's about our environment. It's about our future. We are the number-one city for climate change, and we should be really thinking hard how to mitigate; not how to create a venue that might impact us in so many negative ways, environmentally and socially. My daughter's a rower. My daughter's a student at MAST. My daughter swims in that lagoon. Can you actually guarantee me that you will be able to clean up that lagoon after the event? I find it very hard to believe. You're going to negatively impact the animals, the rookeries, the manatees. I think it's a shame, and I don't know why we can't come together for a better solution. Why do we have to be antagonistic? You're bringing a great event to a city, a great city. There's a tremendous potential here. Why do we have to be fighting? Thank you. Chair Hardemon: Thank you. Sir. William Talbert: Good morning, Mr. Chair. Bill Talbert with your Greater Miami Convention and Visitors Bureau, 701 Brickell, Miami, Florida, USA (United States of America). I want to speak about several items. I'm going to give you time back, I guarantee it. First of all, it's FR.1, Maurice Ferré Museum Park. I think we've been here many years, and he was a great Mayor and did great things for the community, and so, we support that. The second one is the Miami Yacht Show, RE.18. To bring that to the Genting/Miami Herald site really gives you critical mass of boat shows on this side of the bay. Number three is RE.9 and 10, in your district, Commissioner, and that's for the re-establishment of Coconut Grove BID (Business Improvement District). Also, I'm going to close with PH.4, Ultra. You know, if you go around the world today and talk to younger folks, younger than me and some of you, anywhere in the world and say, "Ultra," they say, "Oh, Miami, music." It's magic. And what is a surprise to me, years ago, when I would travel and say that, and they said many of us here don't really know the value of Ultra. And if you look at the hotel industry -- and we support Wendy Kallergis' Greater Miami and the Beaches Hotel Association -- if you look at revenue per available room, which is an industry standard, which is occupancy and rate, the Ultra weeks -- the Ultra days are some of the most productive for the hotel industry in the history of Miami. So we support the Ultra item strongly. Thank you very much. Chair Hardemon: Thank you very much. Ma'am, you're recognized. Angelena Root: Good afternoon. My name's Angelena Root. I have been retained by YMD Records, LLC (Limited Liability Company), to represent them in this matter. For the last two years in Historic Virginia Key Beach Park, my client has successfully produced the Rapture Electronic Music Festival. Commissioner Gort: You got to speak into the mike. Ms. Root: Too far away? Commissioner Gort: No, that's good. Ms. Root: Okay. On January 25, 2018, YMD actually received a letter from Guy Forchion, the Executive Director of Virginia Key Beach Park Trust, indicating that it was the plan of the Trust to permit YMD to hold Rapture anyway, for no less than three consecutive years, for the years of 2018, 2019, and 2020. Mr. Forchion further City of Miami Page 33 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 expressed that Rapture is endorsed by the management of the Trust. The only caveat given by Mr. Forchion is the possibility of moving the event within the 82-acre historic park in the event construction of a museum and beach pavilion commenced in 2019 or 2020. In reliance upon this representation by the Trust and Mr. Forchion, YMD has invested significant funds towards the production of Rapture for 2019, announced performance dates, and released ticket sales for same, prior to any announcement that Ultra had its eye on Virginia Key. The announcement that Ultra would be moving to Virginia Key had a chilling effect on my client and its festival, including, but not limited to losing investors, sponsorships, and potential performers. Because Rapture is coming into its third year, for YMD to not be able to move forward with their festival will put them essentially out of business. Currently, Rapture is a significantly smaller festival than Ultra, and has always focused on the importance of being environmentally conscious while simultaneously educating festival goers about ocean conservation, sustainability, health and wellness. Being environmentally friendly in Virginia Key have become a part of the Rapture brand developed by YMD. Allowing Ultra to perform on Virginia Key will have the opposite effect on the ecosystem of Virginia Key and historically alter -- to our knowledge, has not been about the environment, ever, and instead, Ultra has stolen its concept from Rapture brand in the hopes it would improve their chances of receiving less opposition to its proposal to utilize Virginia Key as its replacement location at Bayfront Park. And this contract honestly is not that much different than the prior one, so we would ask that the Commissioners vote "no" on this. Chair Hardemon: Thank you. Ms. Root: Thank you. Chair Hardemon: I want you to stay around, okay? Ms. Root: Okay. Chair Hardemon: Thank you. Ma'am, you're recognized. Maria Lanao: Well, since I'm the last one, my name is Maria Lanao, 1986 Southwest 17th Court, Miami, Florida 33145. I'm here on behalf of the Board of Directors of Viernes Culturales, so I'm going to be reading the letter that will be delivered to all your "in" boxes before the end of business day today. "I'm writing to you on behalf of the Board of Viernes Culturales to express our surprise, dismay and disappointment over the impeding (UNINTELLIGIBLE) of Viernes Culturales by the City of Miami, the best department on the Commission. The Viernes Culturales Festival has been held on the last Friday of each month since its inception in May 26, the year 2000. Over its 18 years history, the festival has continued to grow, and currently attracts over 5,000 people to Little Havana, and further serves as a destination for the over 4 million tourists that visit Little Havana annually. As a result of the increasing foot traffic to the neighborhood, the local businesses have been able to flourish while providing our guests with the experiences of our local culture, arts, and heritage. The festival incorporates all of the art galleries, business, restaurants along 8th Street, from 17th Avenue down to 14th. An integral part of the (UNINTELLIGIBLE) festival are the activities that take place in Domino Plaza during the event -- specifically, the plaza houses -- over 20 vendors selling original art, (UNINTELLIGIBLE) crafts, and recently has re-introduced a stage at the back of the park to showcase singers, musicians, and other talents from the Little Havana community. At no time during the history of the festival has the City requested Viernes to pull an events permit. The City has always been exceptionally supportive of the festival and provided support through the provision of stages, and includes police oversight. In fact, some of the founding members of the organization have been Commissioners and City Administrators. Currently, we have both City City of Miami Page 34 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 and County Commissioners participating on the board. It has recently come to our attention that the City, having knowledge of the Viernes Culturales Festival, has granted an events permit to Domino -- for Dominos Plaza for the second and last Friday of every month for the next six months; the same time as Viernes Culturales." Chair Hardemon: Thank you very much, ma'am. Your time has expired. Ms. Lanao: (INAUDIBLE). Chair Hardemon: Thank you, ma'am. So I'm going to close the public hearing right now for everyone in this space. If you are in this space and you did not stand for public hearing, the public hearing time has expired for you. I'm now going to open up public hearing for everyone that is outside, so they can come in and make a comment. So my sergeant-at-arms, let's allow people inside now to make public comment. So if you're sitting here and you did not speak in public comment, you are not allow -- be -- you are not allowed -- you will not be allowed to speak during this second part of public comment for those who are outside. Commissioner Gort. Commissioner Gort: Mr. Chairman, I would like to, as soon as you're finished with public hearings, to have the one item I'd like to bring, FR.1. And I'd like for this item to be sponsored by all the Commissioners; FR.1. Chair Hardemon: That's the Museum Park item. We'll -- give me a second. Commissioner Gort: Maurice Ferré. Chair Hardemon: Let me work. Let me work a little bit. And if someone from the City Clerk's Office possibly could explain to those who are in the line the procedures for the public comments so I don't have to repeat them, that'd be great. That's fine. Ma'am, did you arrive -- are they from outside for public comment, and just came through security? Please. Kitty Rodelle: Good morning. Chair Hardemon: Good morning. Ms. Rodelle: Kitty Rodelle, 4181 Malaga Avenue, Coconut Grove, Florida, here to speak on FR.1, the renaming of Museum Park, in support of Maurice Ferré's name being added to the Museum Park name, and to honor him for his decades of work in Miami-Dade County. Thank you. Chair Hardemon: Thank you very much, ma'am. Ma'am, you're recognized. Rebecca Schiller: Hello, Commissioner. My name is Rebecca Schiller. I am a Miami-Dade resident, and I am here in support of Ultra. Virginia Key is the perfect spot for the festival. I remember coming to the boat show at Virginia Key, thinking that this would be a great spot for Ultra. Please vote "yes." Now, unfortunately, the Village of Key Biscayne has been misrepresented. Facts: Ultra was never -- Ultra has never been evicted from Bayfront Park. And I was at the last council meeting, and that's just not true. Traffic: Of course, there will be traffic. And as a resident, Miami traffic is a part of our day, whether it's going to the office or the Miami Heat game. Like the boat show proposal, Ultra will arrange multiple alternate means of transport on and off the key. Noise: The noise impact will greatly reduce the proximity of the residential areas. Fine per incident go over the allotted time of concert and other fines. The City of Miami taxes partially support the Marine Stadium and the Virginia Key, which the City of Miami publicly owned, to be utilized by the public to host events like the boat show, concerts, and festivals. The Village of City of Miami Page 35 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Key Biscayne in self-interests are to deprive the City, deprive the community and future generations access to the arts, which is wrong and deplorable. Remember that -- remember Marine Stadium and Virginia Key are not part of the Village of Key Biscayne, and that's not where Ultra is going. City is being paid a minimum of 1.4 million additional revenue -- Chair Hardemon: Thank you, ma'am. Your time is expired. I appreciate your comments. You're recognized, sir. Vijay Varky: (UNINTELLIGIBLE). Chair Hardemon: Can you repeat your name, please? Mr. Varky: This is Vijay Varky. I was the Planning -- Director of Planning and Development for downtown back many years ago -- '78 through '84. During that period of time, I had the privilege to serve under Maurice Ferré, who obviously was a great visionary. And being an architect, planner, and a builder myself, I'm here to support the idea of renaming Museum Park as the Maurice A. Ferré Museum Park. Maurice Ferré has contributed an enormous amount to this community. In a nutshell, he was for social justice. He was for creating an economic engine for Miami, because we don't have industries downtown, so downtown was the agenda. And he was also -- being an architect by training, import -- it was very important to him that his vision was not just an idea; that Miami would, in fact, ultimately become a world city. So I'll be brief, and I thank you for the opportunity to speak here, and I look forward to a favorable approval of renaming Museum Park as the Maurice A. Ferré Museum Park. Thank you. Chair Hardemon: Sir, you're recognized. Alex Butler: City Commissioners, thank you so much for your time. I realize that you have a lot of people that you're going to listen to, so I'll be brief. My name is Alex Butler. I'm the Entertainment Director for the One Hotel brand worldwide. In addition, I'm also an artist known as Alexander. I'm speaking in -- on behalf of Ultra, in favor of Ultra moving to Virginia Key. And to be brief, you've heard that the environmental impact that Ultra will make will be very, very detrimental to the entire -- to Virginia Key; that the use of single-use plastics will be something that's, you know, unable to be taken from -- in the key itself. As somebody who works for the leading hotel brand for sustainability, I can tell you firsthand that that's false, and that being an attendee of Ultra and also a performer at Ultra, I've seen their sustainability efforts firsthand, and that's why I hope that you'll vote in favor of them. Thank you. Chair Hardemon: Thank you, sir. Ma'am, you're recognized. Ana-Marie Codina Barlick: Good morning. My name is Ana-Marie Codina Barlick. I'm here to speak on behalf of Item FR.1, on behalf of my entire family; particularly, my father, Armando Codina, who was unable to be here today. He's in Atlanta at a board meeting. I don't think there's a city in the United States that has changed and has continued to change as rapidly as Miami, and I think honoring our history and the people who got us here is very important. So my entire family is very much in favor of the renaming of Museum Park in honor of Maurice Ferré. You've heard many people speak already on what a visionary he was. That entire property would not have continued to belong to the public and be what it is today were it not for his visionary leadership many decades ago, and I think it's very important for our City to honor our diversity and our history. Thank you very much. Chair Hardemon: Thank you, ma'am. You're recognized, sir. City of Miami Page 36 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Charles Radner: My name is Charles Radner. Good afternoon, Commissioners and staff. Thank you for the opportunity to speak. 605 Lincoln Road, Suite 210, Miami Beach, Florida. I'm a born-and-raised resident of Miami, and I'm here to speak in support of Ultra. I've been -- I'm 55 years old. I've been to three Ultras. My sons have been interns at Ultra. Ultra has interns. They've also participated with Ultra in a charitable collaboration for the benefit of Make a Wish at their first Ultra several years ago. And I'm here in support to tell you that Ultra is probably the number-one brand ambassador for the City of Miami throughout the world. My kids wear Ultra T-shirts. Two of them are in college. They wear Ultra T-shirts around the world, and they're approached around the world by people, saying, "Oh, you went to Ultra. You're so lucky." I wanted to show you today the Ultra-Miami Flag. -- there's about a dozen or so Ultra flags that Ultra has. This is the only flag, other than an international flag, that has a city name on it. Every other Ultra has a country. There's China now, there's Japan, Mexico, Australia. But this flag is your brand awareness all over the -- I don't know if I have it up -- I have it upside-down. This flag is your brand awareness for the City of Miami. If any of you have watched the Ultra after film, there's probably not a single piece of film in the world, including all the Miami Vice Shows, that shows the City of Miami; not just the Ultra Music Festival, but everything that's great about the City of Miami. It shows Calle Ocho, it shows Wynwood, it show Miami Beach in a light that would make all of you proud if you went onto the -- Ultra's website to watch it. Chair Hardemon: Thank you, sir. Thank you, sir. Your time has expired. You're recognized. Jamie Richardson: Good morning, Commissioners. My name is Jamie Richardson. I'm a business owner and Miami-Dade resident, and voter. I'm here in support of Ultra. Like the previous gentleman, I also have been to four Ultras. I told you my story the last time about how I'm able to interact with my clients there. This is not a drug-fueled event like the opposition is saying. Environmentally, I feel like that Ultra goes to the extremes they did to bring back Bayfront Park, and I think that what we're dealing with here is simply a "I want Ultra anywhere but my backyard," and we don't need to have those things anymore. We need Ultra on Virginia Key. It's the absolute perfect location. As the previous person was speaking, that adds revenue dollars that the City doesn't have to pay to generate business. And all the concert goers that come to this event, for one thing, they have a slogan there. And I'm a lot older than most of these people, but it's PLUR; Peace, Love, Unity and Respect. I grew up in the '80s, and when you went to rock 'n roll concerts, I can guarantee you, it was exactly the opposite of that. So this is not what they're putting out. This is a fun-loving group of people that are just there to have a good time. And let's stop going through this stuff, and please do the right thing and vote "yes," because what may happen is other events are going to start looking at Miami that maybe want to have an event in this amazing city and say, "Hey, you know what? It's too much trouble to deal with it there." And that happens across these United States every day. There are certain municipalities that get -- you know -- basically known for these type of things of being obstructionists. So let's just do the right thing and vote this. Give them a one-year agreement, and then, you know, go from there. I think that's only fair. Thank you for my time. Chair Hardemon: Thank you, sir. You're recognized, sir. Serge Toussaint: Good morning. My name is Serge Toussaint. I'm a local artist. I'm here speaking on behalf of Magic City. Chair Hardemon: Serge, I want you to know that the Magic City -- Mr. Toussaint: Yes. City of Miami Page 37 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: -- discussion is at 2 o'clock. Mr. Toussaint: Okay. Chair Hardemon: So I'll let you speak, but I just want you to be aware that it's at 2 o'clock. Mr. Toussaint: Okay. Chair Hardemon: So if you think it's more appropriate to do it at 2, that's fine. Mr. Toussaint: Okay. Chair Hardemon: But if you're not going to be here -- Mr. Toussaint: I'm sorry about the timing, yeah. Chair Hardemon: -- take your time; no problem. Mr. Toussaint: But still, I just want to speak on behalf of Magic City, the develop -- the stuff they doing in Little Haiti, and I'm a hundred percent down with Magic City, because I been in Little Haiti since 1994. Most of the artists calls me "the godfather." They call me "the king of Little Haiti." So I love my community, you know what I mean? I'm here speaking on behalf of Magic City for what they bringing to us now. They are developing Little Haiti. They are making more work. They bringing more jobs into the community. So a lot of people saying, "Serge, why you betraying? Why you against us?" It's not being against Little Haiti. It's being able to make more work, have more work in Little Haiti, being able to bring more money into the community. So I really think Magic City are not there to change the name of Little Haiti. That's not what they have in their mind. They really want to upgrade Little Haiti. They want to create more work for artists like me, for carpenters, masons, you know, and everything else coming with it. It's -- they not there trying to change the name of Little Haiti, like all my people think. They are here to make Little Haiti a better place for artists like me, and for more money to flow. So I think Magic City are really doing a good job. Chair Hardemon: Thank you, sir. You're recognized, sir. Julien Servillano: Good afternoon or good morning, whatever it -- is it afternoon or morning? Chair Hardemon: Well, both of them work pretty fine. Mr. Servillano: Yeah. My name is Julien Servillano, and I am here to speak on behalf of former Mayor Maurice Ferré. I came over here in 1972 after my graduation. I had the privilege of meeting him. I had the privilege of meeting many of the group of people who really built this city, and he's one of them; that's why I approve of this, that's why I back him up, and I wish you guys luck. Thank you. Chair Hardemon: Thank you, sir. Ma'am. Lois Greenberg: Hi. I'm Lois Greenberg, and I'm a resident of Key Biscayne, but I am also a citizen of Miami-Dade County. I love this City. I'm talking about the environment. I've been listening on my phone and everyone's talking whether they love the festival or they hate that kind of music, or whatever. I'm all for festivals. I think it's all about the environment. Virginia Key is historical. Virginia Key is sensitive environmentally. We just went through a summer of a perfect storm, where City of Miami Page 38 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 we had very high heat and humidity, we had red tide coming from the west coast, we had green-blue algae, and we had Sargasso weed coming in from the Atlantic. Many people in Dade County come over. I -- all my friends who live in Coral Gables and in North Miami come to the beach in Key Biscayne, and you couldn't swim, you couldn't fish. There were no birds on the beach. A geologist told me that when you don't see birds, that means there's no fish. When you don't see fish, that means that the water is contaminated, and the fish are diseased or they went somewhere else. Environmentally, Virginia Key is not appropriate for this size festival. I don't know how the people are saying -- I've interviewed six or seven, or eight of them in line from Ultra, and they say the people come in by Uber, they don't come in by car. Did everybody leave? They're not interested anymore? Commissioner Reyes: Willy, Willy. Ms. Greenberg: Okay, you're listening. Anyhow, I think it's all about money. And the more festivals that we put in Virginia Key, which is not appropriate -- we need a stadium. We need a field for that number of people. It's just not appropriate in Key Biscayne, and you're just going to -- it's not appropriate in Virginia Key; I didn't mean Key Biscayne. The Fire Rescue people -- if something happens to the Ultra people -- and the Fire Rescue people from Miami and the Fire Rescue people from all over are going to have to fight this one road in, one road out. I think it's going to be dangerous. Vice Chair Russell: Thank you. Ms. Greenberg: Thank you. Vice Chair Russell: Thank you very much. You'll hear a buzzer at 30 seconds, and that's a good note to start wrapping it up so that you don't get cut off at the end. Carole Ann Taylor: I'll be short and sweet. My name is Carole Ann Taylor. I reside at 1717 North Bayshore Drive, Miami. I'm here to speak on behalf of the resolution to rename Museum Park after Maurice Ferré. I had the privilege of being his special assistant during his term, and watching the transformation of Miami up front and close, and personal. I am also a recipient, based on the fact that he helped to create Bayside and made sure that at least 50 percent of the businesses at Bayside were minority businesses. I was a recipient of one of those, so I urge you, implore you. He is still with us, thank God, and what an honor it would be. Thank you so much. Vice Chair Russell: Thank you. Commissioner Carollo: Carole Ann, I know you worked for him and we know each other for a long time, but I got a problem with that name, because I want it to be not Maurice Ferré Museum Park. Everybody knows we got museums there. It should be "Maurice Ferré Park," period. So when it comes, I'm going to make that request. Museum Park is a relatively new name. Commissioner Reyes: Yeah. Bicentennial. Commissioner Carollo: And everybody knows there's a museum that are in the park. So I just want Maurice's name there. Commissioner Reyes: Yeah. Vice Chair Russell: Thank you, Carole Ann. City of Miami Page 39 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Ms. Taylor: I agree. Commissioner Carollo: Thank you. Vice Chair Russell: Do we have another speaker on this lectern? Please come to the microphone. Melikah Zeraus: Hi. Good after -- good morning. My name is Melikah Zeraus. I reside at 300 Southwest 121 Avenue. I'm here for two agendas; for Olympia Theater, as well as -- now that I found out about Ultra Fest -- I am a vocalist, an actress and an activist, and I feel that Ultra Fest, if they -- it's just been -- Ultra Fest is the type of sound that brings down the frequency level of young people. I really am very scared for the youth of today, because corporations are taking -- corporate - - and which I don't know which corporation it is that is over Ultra Fest, and they're not letting them speak to the press. I don't feel that Ultra Fest should be in Virginia Key, because there's only two lanes, you know, to go in and out of the premises. It's going to cause a lot of chaos even though, you know, a lot of these people are Millennials and they don't -- they use Uber. But it's going to create a lot of chaos going in and out, the traffic. Plus, also, for the ecosystem, it's not going to be good. There's a school that's also near the premises where they want to celebrate their -- you know -- music festivity, so that school -- we don't want them -- the Ecstasy drugs to be laying around that school, okay? So we want to give the opportunity to the youth to have -- you know -- a good life, not full of drugs. Thank you very much for your time. Vice Chair Russell: Thank you. Serge Celsius: Good morning, Commissioners. My name is Serge Celsius, Jr. I've actually attended several Ultra's, and as you can see by the gray in my beard, I've enjoyed myself. I believe that I cannot add to anything more that was said by my constituents other than I am in favor for it, and that I would hope that you would vote for Ultra Virginia Key. Thank you. Vice Chair Russell: Thank you. Please approach the lectern so that when it's your turn you can just begin speaking. Toni Saul: Good afternoon, gentlemen. My name is Reverend Toni Saul, and I'm a resident at 300 Sunrise Drive, Key Biscayne. The talking points are certainly in support of relocating and they're clear and they're practical, and they echo the tenet of stewardship, which is deeply rooted in every faith tradition. The concept of stewardship calls us to be caregivers for one another and for the environment. The majority of those who speak today embody this concept. Mindfulness of our stewardship responsibilities enable us to see clearly and respond wisely. Gentlemen, may your vision be clear and your discernment be wise with respect to the consideration of moving the music venue to a more practical location. Thank you. Vice Chair Russell: Thank you. Sir. Rodney Louis, Jr. Good morning. My name is Rodney Louis, Jr. I'm also here in favor of Ultra. For the past three years, we've attended Ultra. What Ultra has done for Miami has been big; the money, the jobs it brings in for the three days. And I think taking Ultra away is going to be a big problem for what -- you know -- for what it does for the City and -- ah, I lost my train of thought. But for like the past three years, the money that we made at Ultra in those three days has been good. The camaraderie, the people that come from all over the world to come to Ultra -- just to come to Miami for one little party. And for you to stop it on a cause of -- what? City of Miami Page 40 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Doesn't make any sense. So I just think Ultra should stay, and I hope y'all voting for Ultra. Thank you. Chair Hardemon: Thank you, sir. You're recognized, sir. Julio de Armas: Hello. How you doing? I'm Julio de Armas, MAST PTSA (Parent, Teacher, Student Association) Academy, PTSA President. I am here to defend --I don't even live in Key Biscayne, but I'm here to defend our kids, which is my job as elected PTSA President. I would think that you people, as the Commissioners of -- the City of Miami's job would be to defend your children, which may or may not go to our school, but still, all our childrens \[sic\], we will be like under attack. We're in the middle of this event on both sides. I cannot understand how -- an event like this, no matter how they like to call it, will be drug-fueled -- next to a school. The first thing that I know is you don't do drugs next to a school. I don't understand how this could be allowed. And I know it's during spring breaks, but the drugs are going to be left over in the -- all over the ground. Our kids do swimming in that basin back there, which our kids have cleaned that environment with their hands, not --we didn't pay somebody -- our kids. We got groups that spend the whole year cleaning that beach. These people will destroy it in one weekend. No matter what they say they're going to clean up, no matter, and just so -- that gentleman says, it's, you know, about the money. It's not about the money. It's about our kids, and it's about our environment. And if you fool yourself into thinking it's anything else, it's a folly, because that's what's important. Our future is our kids; it's not -- This party could happen anywhere. And I'm not saying that the party shouldn't happen. It should just not happen right there next to a school. There's many venues which they could move it to. So this is completely un-comprehensible how they could allow this next to a school. Thank you very much. Chair Hardemon: Thank you, sir. Sir, you're recognized. Brian Wolff: Thank you for letting me speak. My name is Brian Wolff. I'm a City of Miami resident. I'm here to talk in favor of Ultra. I am currently a realtor and have worked for the Parks Department for 10 years in Miami-Dade County. I currently-- I have participated in the cleanup after Ultra at Bayfront Park for the past five years, and I believe that the environmental impact that it will have on it will be far outweighed by the revenue that Ultra brings in every year. Thank you very much. Chair Hardemon: Thank you, sir. Sir, I believe you had a seat. Unidentified Speaker: It doesn't matter. Chair Hardemon: No, no, no. Were you sitting in the beginning of this meeting? Unidentified Speaker: Yes. Chair Hardemon: I think you should return to your seat. Can someone help him understand what I'm saying? You're recognized, ma'am. Beatriz Struck: Good morning, Councilmembers. I'm here -- my name is Beatriz Struck, and I'm a resident of Key Biscayne. I'm here to read a statement from Antonio Camejo, who is also a resident of Key Biscayne, and he -- I'm reading his statement. He's had an office on Brickell for 27 years, and he's also the President of the Key Biscayne Condominium Presidents Council that represents 35 condo and co- op associations, representing around 6,000 residents on Key Biscayne. So his statement is that, "We are opposed to the continued use of Virginia Key in a socially irresponsible manner. Promoting Ultra is just another example of the fact that the City of Miami has been mismanaging Virginia Key for half a century. It is obviously City of Miami Page 41 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 not entirely your fault, but if" -- "you are now in a position to show some leadership and change this unfortunate pattern. First, Miami allowed this buffer island to be used as a ga previous city councils. Then the City allowed the building of a sewage treatment plant, and the environment has been reaping the horrible impact that that has brought. Your top priority should be to move that plant off this buffer island, and to turn the rest of Virginia Key into a pristine waterfront park for the residents of Dade County. First the City polluted the land, then the ocean, and now you propose to pollute the air with blaring electronic music that will traumatize every bird and wild creature in this sanctuary; not to mention the additional life safety issues 165,000 people pressed onto this piece of land presents to the thousands of" -- Chair Hardemon: Thank you. Your time is expired. I appreciate it very much. Ma'am, you're recognized. Deborah Vendahann: Good morning, Commissioners. My name is Deborah Vendahann (phonetic), and I'm a Miami-Dade resident, and I am here in support of Ultra moving to Virginia Key, and I just wanted to say that I've attended several Ultra events, and I've never found anything but fun and safety, and I just want to be here to support that. Thank you. Chair Hardemon: Thank you, ma'am. Yes, ma'am. Louisa Conway: Good afternoon. My name is Louisa Conway. I am a resident of Key Biscayne, and I'm here just -- First, I'd like to applaud you for proposing to establish an African-American museum on Virginia Key, given the island's historical significance. Preserving and restoring Virginia Key Beach, once the only beach accessible for African Americans in Miami is no doubt a mission that the entire City and Greater Miami should support. But to suggest that in exchange for paying for the museum, Ultra should be able to stage its massive event on this historical island is short-sighted and disingenuous. Virginia Key is not only a precious gem for the City, but an ecological and environmental paradise for the State of Florida. You all unanimously voted against Ultra at Bayfront because of the noise and the trash that was created there. Why would any of you think that moving the festival to Virginia Key was a viable option for Ultra? I am a Key Biscayne resident, but I really am -- I'm pleading with you. This -- I am also a mom with a student at MAST Academy. We are very, very concerned about the drugs and alcohol that will be taking place at the Ultra Music Festival. I understand organizers don't like us saying these things. It's a documented fact. Miami Herald has already printed articles on this. I just hope that we can get your support today to please move Ultra to another location. Thank you very much. Chair Hardemon: Sir, you're recognized. Robert Geitner: Good morning. For the record, Robert Geitner, Executive Director, Olympia Center, Inc., Olympia Theater. I'm going to read something into the record from Board Member Sergio Roc regarding Item RE.14, which will be coming to you later today. "As a member of the board of directors of Olympia Center, Inc., I contacted each of you earlier this week to emphasize the opportunity we have to begin the process for façade restoration of the Historic Olympia Theater and Office Building. The primary function of Olympia Center's current management agreement with the City is to operate and program the venue. Secondarily, we have a memorandum of understanding identifying the need for façade repairs and requiring us to work with the City to obtain funding, either individually or collaboratively for future repairs and improvements. In 2016, Olympia Center worked closely with City of Miami staff to apply for façade restoration funding from the Florida Department of State, Division of Historical Resources. Our Executive City of Miami Page 42 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Director flew to Tallahassee to participate in a grant panel discussion, and our application was ranked Number 9 out of 99 submitted. We were awarded $500,000, and the required grant agreement and restrictive covenants were delivered to the City in October of 2017. If the City Commission approves the restrictive covenants today, there is a chance that the grant can be implemented before the State of Florida is forced to reallocate these grant funds. Olympia Center remains willing and able to work with the City to begin phase one façade restoration process and to spend the next few weeks working with the City Administration to finalize terms for any subsequent agreements in order to meet the end of year State of Florida deadline." Thank you for your time. Chair Hardemon: Thank you, sir. Sir, you're recognized. Ronald Hoenig: Good afternoon. Thank you for your time. My name is Ron Hoenig. I am a Miami-Dade resident, a researcher at the University of Miami Rosenstiel School, and manager of our experimental hatchery, which is adjacent to the Virginia Key Beach Park. I'm here to enter into the record a letter from our dean, along with a scientific review of the impacts of noise on marine, fish, and invertebrates, and to express our deep concern over this concert's location, adjacent to our research facility, which has taken a number of years and millions of dollars to build up captive breeding populations of about seven different marine species, of which three represent the only captive breeding groups in the country. And it is well known that noise can be a tremendous stressor on marine organisms, specifically fish, which would then inhibit our research and the ongoing health of our animals. Thank you. Chair Hardemon: Thank you, sir. Sir, you're recognized. Terrell Fritz: Good morning. My name is Terrell Fritz, 111 East Flagler Street, and I'm Executive Director for the Flagler Business Improvement District. On behalf of the board of our -- of the directors of the Flagler District BID (Business Improvement District), representing (UNINTELLIGIBLE) Properties, Mano Miami, Stanbul USA, Roc Enterprises, and Lost Boy Dry Goods, we urge you to support RE.14, the phase one grant for the Olympia Theater in the amount of $500,000. If you pass this today, you'll be eligible for up to 1.5 million in additional funding for the actual repair work of the façade. Beginning this façade repair and removal of the scaffolding that has stood for more than 10 years in the pedestrian right-of-way is of the highest priority to downtown property owners, business owners, and all the residents of Miami. The BID is joined in its support for moving the phase one grant forward by the Downtown Neighbors Alliance, the Miami Center for Architecture and Design, and Dade Heritage Trust. So I -- we thank you for your consideration of this very significant opportunity to move forward with the improvements and benefit those of us in downtown Miami and audiences throughout the City and County, and region. Thank you. Chair Hardemon: Thank you, sir. You're recognized, ma'am. Fran Fenton: Good morning, Commissioners. I'm Fran Fenton. I'm a resident of One Miami. I also represent One Miami and the DNA (Downtown Neighbors Alliance), but I'm here speaking for myself. First of all, thank you for your consideration of appropriate limits for activities scheduled in Bayfront Park. I'm in favor of SR.2. In addition to supporting keeping the park open to the public almost 85 percent of the year, I favor quieter, shorter, smaller, kinder, and gentler events, which will enable the park to be restored quickly, and preferably, with no need to re- sod. Thank you very much. City of Miami Page 43 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Daniela Sanchez: Good afternoon. My name is Daniela Sanchez. I live on 253 Northwest 45th Avenue, and I'm the Project Specialist for the Flagler Business Improvement District, and I'm here to speak on behalf of Item SR.4. On behalf of the board of Flagler District BID, we support the Item SR.4, amending the Chapter 35, Article 4 to update parking rates throughout the City of Miami. We believe that this amendment will allow Miami Parking Authority to manage the parking system in a manner that will support our efforts to increase vitality in downtown Miami. The BID, however, does have a concern regarding the provisions for residential on-street parking rates in the Central Business District. This provision was inserted after the first reading of the proposed amendments, and by reducing the parking rates for City of Miami residents as a positive objective, this could be achieved far more effectively through a percentage reduction in rates rather than establishing a fixed rate, currently at 140. Thank you. Chair Hardemon: Thank you. Diego Weiner: Good afternoon, Commissioners. My name is Diego Weiner. I live at 9231 Southwest 112 Street, Miami, Florida. And Commissioners, I'm here to ask you to vote "yes," and -- you know -- for Ultra, as far as moving to Virginia Key, Commissioners. I -- just a quick personal background. I'm an attorney here in Miami, and I went to law school in Miami. I'm a Miami native, and the first thing I want to talk about is the atmosphere in Ultra. It is a beautiful festival where people of diverse cultures, diverse jobs can come and enjoy together, and it's a beautiful, beautiful situation. As far as my personal background to Ultra, I've been going every year since I was 18 years old. It always feels safe. They do everything they can to help with traffic, to help with security, and even have friends who live in downtown. I've lived in downtown. And yes, there's a bit of a minor noise inconvenience or traffic inconvenience, but my friends have loved the festival, have been able to rent out their apartments and pay for many months' rent with one weekend of renting out their apartment to Airbnb. World recognition. Everywhere you go, Miami equals Ultra. My first question when I tell people that I'm from Miami is, "Oh, my god, have you been to Ultra Music Festival?" It's got world recognition that brings people to Miami and brings recognition to Miami. As far as financial benefit, over $80 million a year. This is a giant financial injection that goes into Miami. These are for big businesses, for small businesses, hotels, restaurants, services, everything. And I'd just like to close by saying that the minor noise inconvenience or minor traffic inconvenience is a small price to pay for the giant good Ultra does for our communities all over Miami and for our world recognition. Thank you so much. Chair Hardemon: Thank you, sir. Sir, you're recognized. Andrew Carter: Hi. My name is Andrew Carter. I live at 2508 Southwest 19th Terrace in Miami. I am also the Research Director at Miami Water Keeper, and I'm an environmental scientist. I am telling you that Virginia Key is one of the worst possible venues for Ultra from an environmental perspective. University of Miami doesn't usually take positions on this, but as you heard before, they are telling you that this -- allowing Ultra here could ruin millions of dollars' worth of research, years of data, and this event is too loud for downtown residents behind impact windows. It's going to be devastating for animal communities on Virginia Key; that includes birds, both migratory and residents; it includes manatees. We have decades of research that shows that manatees will be driven out of the critical wildlife area where they could become subject to boat strikes, where they're subject to stress. Now, the proponents of Ultra are saying, "Well, we can shut it down. We can take steps to prevent environmental damage." The things I'm talking about, there's no way to do that. The impacts will be felt underwater. The impacts will be felt deep in the mangroves. There's no way that they can adequately monitor the impacts of City of Miami Page 44 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Ultra, and the damage that it could cause in Key Biscayne could literally last decades. I urge you not to approve moving Ultra to Key Biscayne. Chair Hardemon: Thank you, sir. Mr. Carter: Excuse me. Virginia Key. Chair Hardemon: Ma'am, you're recognized. Alba Herzberg: My name is Alba Herzberg. I'm here actually to speak for my dad in reference to SR.4, which I know that you're looking into the Parking Authority and raising the rates for residents of Loft 1. Chair Hardemon: Go on with your public statement. Ms. Herzberg: I'm so sorry. I was just going to say my dad can't be here, because he's 88. He's on a fixed income, so this would be really devastating to him, because he lives on a fixed income, and he can't be here today, so I am his voice today. So I appreciate your time, and I hope that you take into consideration if the Parking Authority does raise its rates that you do it cautiously, remembering that these buildings were built for low income and affordable housing, and to raise rates in that -- You know, there's rumors of the rate hike being like 150 percent or something. So I hope that you keep this -- you know. Remember how it was built, and the reason it was built. Thank you. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You can. Vice Chair Russell: Just briefly -- and I didn't mean to interrupt you. I spoke with the Director of the MPA (Miami Parking Authority) yesterday, and Loft 1 rates would not go up under this current legislation. Residential rates will not go up. Chair Hardemon: Ma'am, you're recognized. Leah Kinnaird: Thank you, Mr. Chairman. My name is Leah Kinnaird. I'm one of the co-founders of the Virginia Key Alliance, and I speak in opposition to Ultra moving to Virginia Key; not in opposition to Ultra, but I think it's the wrong space. I believe that the decision and moving forward so fast has not allowed evidence and information to rise to the top in order to make a good decision about this, which includes even things like traffic studies. But one of the things that I wanted to state is that a priority of the Virginia Key Advisory Board is the renovation of the Marine Stadium. The boat show will also potentially interrupt the renovation, and now 35 more days will be interrupted for Ultra. I'm concerned that the contract is a continuing contract that requires 364 days to be able to cancel it without notice, and that that does not give time to evaluate ahead of time and afterwards the effect of the event on Virginia Key, the residents and the users of Virginia Key. I'm also concerned about increasing boat traffic in the basin, which has happened when large-scale events have occurred. It's very likely that this will increase the visibility of the basin and the utilization of it for boat parties before there's an ordinance to reduce traffic in the basin, and also, to deal with the no-wake zone. And so, therefore, I find -- I think that there are events that are being disrupted, and I would like to ask you to seek another place for Ultra to have their event. Thank you very much. Chair Hardemon: Thank you. City of Miami Page 45 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Hugo Martinez: Hi, Commissioners. Thank you very much for the opportunity. My name is Hugo Martinez. I live in 881 Ocean Drive, Key Biscayne. I'm here to try to sway you to vote against this large-scale festival that people are calling a music festival, but by and large, it's a drug and music festival that will take place, with tremendous environmental damage that most likely will be irreparable to marine, as well as birds. The Virginia Key is an area that is enjoyed not only by the people that live in the nearby community of Key Biscayne, but in South Miami overall. And I think other venues suitable for such a large crowd with such a lot of noise, plus the garbage that will certainly be left behind that another venue should be found for this event. And if the noise was too much for downtown Miami and the Bayfront area, I cannot believe how a much more endangered area like Virginia Key would be acceptable. Thank you for the opportunity. Chair Hardemon: Thank you, sir. Sir. Benjamin Guerrero: Good morning. My name is Benjamin Guerrero, and I'm here to oppose the move for -- to Ultra to Virginia Key. I believe that Ultra represents Miami. As a guy that has traveled 40 countries around the globe, every time I say, "Miami" to anybody, Ultra is an image people understand and see from the City. It's an only -- it's only three-day experience that people get to enjoy to Miami. It also happens during Winter Music Conference, which is another stream of revenue. I believe that we could do better for the City. It's a tough, tough festival to manage logistically, but I believe that it belongs to Miami, and it shouldn't move to Virginia Key. Another reason that I believe Ultra belongs, because it puts more hours into employees. It gives more opportunities for people, more revenue, hotels, and in a way, I believe Ultra has shaped how downtown has developed in terms of the park. So I want to get to the closing. I believe that Ultra should stay in Bayfront Park. Virginia Key would take too much damage, because it brings too many people. And it's a staple that needs to stay there. It brings many people from all over the world, and it's something that should stay in Miami. Thank you. Chair Hardemon: Thank you, sir. Ma'am, you're recognized. Antonia Molina: Hello. My name is Antonia Molina. I am here to oppose the Ultra Festival at Virginia Key, because I think that it's not a good place. It's near a school, MAST Academy. My children go there, and they are very worried about, because in their mind, when you said, "Ultra" to them, they told me, "Mom, there are a lot of drugs coming, because this festival is associated with drugs." It's a fact. And children -- my children are 17 and 19, and they told me that. So I think it's not a good place to associate a park to this kind of event, and to put this event near a high school, because it's going to be stuck just in between this festival, and I think it's not a good idea for this. So, yes, maybe you can organize this kind of festival, but not in a park and not near a school. Thank you. Chair Hardemon: Sir. Christian Cherubin: Hi. My name is Christian. I'm not here in really opposition to Ultra, but I think that they're culturally and economically indispensable to the City of Miami. But I also believe that the City should keep its promises. Rapture was -- been, I think, to deal with them since March, I believe, so I think that they should keep their promises, save some face, and maybe we can possibly work with Ultra some way. We just don't want to get kicked out. I think that's the fairest thing to do, and that's it. Chair Hardemon: Thank you, sir. Sir. City of Miami Page 46 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Haim Badash: Yes. My name is Haim Badash, 177 Ocean Lane Drive, Key Biscayne. I'd like to make two points, two comments to enter into the record, because those are really serious concerns as far as I'm concerned. First, a 4/5/7 vote -- 4 to 5 vote is insufficient, because Ultra is not a service. Unidentified Speaker: (INAUDIBLE). Mr. Badash: Oh, good. This event will require a referendum. Point Number 2: I'm an engineer by training, and I would like to express my concerns regarding the structural limitation of the bridge. The traffic condition that we will -- this festival -- whatever you want to call it -- will cause tens of buses full of passengers have to go through the bridge at one given time. When they decide to build this bridge and designed it 30 years ago, they didn't even imagine that this kind of stress would be put on the bridge. Now, if you decide to take it, please make sure that you inspect the bridge, and if necessary, build the support -- or enforcement that might need to be done, because if we have an accident, God forbid, and that bridge collapse, tens of thousands of people will be stranded in Key Biscayne for who knows how long, "A." "B," it's going to be a tremendous amount of loss in lives, and again, also with monitors. Those are my two cases. I wanted to make sure, standing outside three hours in this -- in the heat to make sure that this is going to be in the record, those two subjects. Thank you very much. Commissioner Rosario Kennedy: Good afternoon, Mr. Chairman, Commissioners. Chair Hardemon: Commissioner. Commissioner Kennedy: Rosario Kennedy, with offices at 2645 South Bayshore Drive; change of pace. I'm here on behalf of the -- in support of the Maurice A. Ferré Park. Generally, when women are elected to public office, they have all the role models that are female -- Eleanor Roosevelt, Indira Gandhi -- but in my case, it was always Maurice. What would Maurice do? What would he say? So I am thrilled that they're doing this for him. It was Abraham Lincoln who once said, "A man should so conduct himself" -- "A man should love the place in which he lives, and should so conduct himself so that the place in which he lives is proud of him." And what a great honor to show Maurice our love. Thank you. Commissioner Reyes: Thank you, Commissioner. Chair Hardemon: Ma'am, you're recognized. Cecilia Kurland: Good afternoon. Cecilia Kurland, 3132 Day Avenue. I'm happy to live in such a city where we are inclusive of all kinds of events, ages, races, music tastes. Ultra has been a good -- they have a special formula, and they have been doing their business in downtown for so long, and they have brought to Miami the biggest names that we listening to the radio since we were young, such as New Order, The Cure, Erasure, Duran Duran, and the new upcoming DJs (disc jockeys), and they do also deserve to have a venue where they can enjoy. I don't know if Biscayne Island is the best venue, but they have proven to be good in downtown, because there is the transportation, and it's not like we're going to move Calle Ocho somewhere else, just because. I'm very concerned with the nature impact on the different areas, on the water and on the island. And also, now that has brought up this -- I don't know if the bridge is sufficient and safe, because it has been, I think, in repairs before, and that's something that we cannot take lightly. Thank you. Chair Hardemon: Thank you very much. Seeing that there are no other persons on the outside that want to speak, I'm closing public comment for good. Public comment has been closed for the November 15, 2018 regular meeting agenda. City of Miami Page 47 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 CA - CONSENT AGENDA The following items were Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes CA.1 RESOLUTION 4741 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MILLIE Office of the City MUNOZ, AS PERSONAL REPRESENTATIVE OF JAVIER MUNOZ, Attorney WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $125,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED MILLIE MUNOZ AS PERSONAL REPRESENTATIVE OF JAVIER MUNOZ VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 17-15223 CA 15, UPON THE EXECUTION OF A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-18-0491 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.1, please see "End of Consent Agenda." CA.2 RESOLUTION 4705 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND Department of Risk ON BEHALF OF MIGUEL VIEJO, SUBJECT TO THE CONDITIONS Management IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $110,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, 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 $109,900.00 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-18-0492 This matter was ADOPTED on the Consent Agenda. City of Miami Page 48 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Note for the Record: For minutes referencing Item CA.2, please see "End of Consent Agenda." CA.3 RESOLUTION 4913 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE Department of Fire- E HOMELAND SECURITY GRANT Rescue PROGRAM SUB-RECIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR FLORIDA URBAN SEARCH AND RESCUE ('USAR') TASK FORCES ( AND APPROPRIATING FUNDS, IN THE AMOUNT OF $45,000.00, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES TO BE USED BY THE DEPARTMENT OF FIRE-RESCUE FOR URBAN SEARCH AND RESCUE RADIO CACHE REPLACEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. ENACTMENT NUMBER: R-18-0493 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.3, please see "End of Consent Agenda." CA.4 RESOLUTION 4846 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED JULY 24, 2018 FROM INCLAN PAINTING Department of AND WATERPROOFING, CORP., A FLORIDA PROFIT Police NSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BID TO ESTABLISH A CONTRACT FOR PAINTING SERVICES AND GENERAL BUILDING REPAIRS AT CITY OF E DEPARTMENT ("POLICE") FACILITIES FOR AN INITIAL THREE (3) YEAR PERIOD WITH TWO (2) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW; ALLOCATING FUNDS FROM POLICE'S VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI-DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0494 City of Miami Page 49 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.4, please see "End of Consent Agenda." CA.5 RESOLUTION 4881 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE Department of -2019 VICTIMS OF CRIM Police AN ANTICIPATED GRANT AWARD FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES IN AN APPROXIMATE AMOUNT OF $545,635.00, INCLUDING OPERATIONAL EXPENSES AND TRAINING COSTS, WITH MATCHING FUNDS IN AN APPROXIMATE AMOUNT OF $136,408.89 TO FUND EIGHT (8) FULL-TIME POSITIONS; APPROPRIATING AND ALLOCATING FUNDS FROM THE POLICE SPECIAL REVENUE FUND, ACCOUNT NO. 12000.191004.513000; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT UPON RECEIPT OF THE AWARD, ALLOWING FOR ANY INCREASE OR DECREASE IN GRANT FUNDING; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR ACCEPTANCE OF SAID GRANT AWARD. ENACTMENT NUMBER: R-18-0495 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.5, please see "End of Consent Agenda." CA.6 RESOLUTION 4958 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE Department of FY 18 EDWARD BYRNE MEMORIAL Police JUSTICE ASSISTANCE GRANT (JANG OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE IN THE AMOUNT OF $316,746.00 TO PROVIDE SUPPORT FOR THE CRIMINAL JUSTICE INITIATIVES, TECHNICAL ASSISTANCE, TRAINING, PERSONNEL, EQUIPMENT, SUPPLIES, CONTRACTUAL SUPPORT, AND INFORMATION SYSTEMS FOR THE CITY OF MIAMI POLICE DEPARTMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. ENACTMENT NUMBER: R-18-0496 This matter was ADOPTED on the Consent Agenda. City of Miami Page 50 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Note for the Record: For minutes referencing Item CA.6, please see "End of Consent Agenda." CA.7 RESOLUTION 4920 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Department of Real EXECUTE A DECLARATION OF RESTRICTIVE COVENANTS Estate and Asset RUNNING WITH THE LANUBSTANTIALLY Management THE ATTACHED FORM, TO ALLOW MIAMI-DADE COUNTY A CERTAIN PORTION OF THE PROPERTY IDENTIFIED AS FOLIO NOS. 01-0106-070-2010, 01- 0106-070-2020, AND 01-0106-070-2060, AS FURTHER DESCRIBED IN EXHIBIT "A" OF THE COVENANT ("ORIGINAL PROPERTY"), TO THE FLORIDA DEPARTMENT OF G PORTION OF THE ORIGINAL PROPERTY MINUS THE PORTION OF THE PROPERTY CONVEYED TO FDOT TO THE YWCA OF GREATER MIAMI-DADE, INC., A FLORIDA NOT FOR PROFIT , AS DESCRIBED IN EXHIBIT "C" OF N PRECEDENT TO THE CONVEYANCE, WITH REVERTERS AND RESTRICTIONS AS MORE PARTICULARLY DESCRIBED IN SAID COVENANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID COVENANT. ENACTMENT NUMBER: R-18-0497 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.7, please see "End of Consent Agenda." CA.8 RESOLUTION 4866 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Office of Capital EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE Improvements ATTACHED FORM, WITH THE MIAMI-DADE WATER AND SEWER FOR THE PROVISION OF WATER AND SANITARY SEWER SERVICES FOR THE VIRRICK PARK NEW POOL FACILITY, CAPITAL PROJECT NO. 40-B40571; ALLOCATING FUNDS IN THE NOT TO EXCEED AMOUNT OF TWENTY-ONE THOUSAND EIGHT HUNDRED TWENTY-SIX DOLLARS AND EIGHTY CENTS ($21,826.80) FROM CAPITAL PROJECT NO. 40-B40571 FOR THE PAYMENT OF WATER AND SEWER CONNECTION CHARGES TO WASD . ENACTMENT NUMBER: R-18-0498 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.8, please see "End of Consent Agenda." City of Miami Page 51 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 CA.9 RESOLUTION 4893 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON JUNE 11, 2018, PURSUANT TO Office of Capital INVITATION TO BID ("ITB") NO. 17-18-023, FROM TERRA HYLE Improvements CONTRACTORS, INC., FLORIDA PROFIT CORPORATION LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE CONSTRUCTION SERVICES FOR SOUTH BAYSHORE LANE AND FAIRVIEW STREET D2 PROJECT NO. B-30737, IN THE AMOUNT OF $649,207.99 FOR THE SCOPE OF WORK, PLUS CONTINGENCY ALLOWANCE IN THE AMOUNT OF $49,547.38, FOR A TOTAL NOT-TO-EXCEED AWARD VALUE OF $698,755.37; ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL PROJECT NO. B-30737; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED AGREEMENT WITH TERRA HYLE, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI-DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0499 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.9, please see "End of Consent Agenda." CA.10 RESOLUTION 4912 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Office of Capital EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE Improvements ATTACHED FORM, WITH THE MIAMI-DADE WATER AND SEWER DEPARTMENT FOR THE PROVISION OF WATER AND SANITARY SEWER SERVICES FOR CURTIS PARK'S NEW POOL FACILITY, CAPITAL PROJECT 40-B35806. ENACTMENT NUMBER: R-18-0500 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.10, please see "End of Consent Agenda." City of Miami Page 52 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 CA.11 RESOLUTION 4929 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO RESEARCH GENTRIFICATION THAT IS Sea Level Rise ACCELERATED DUE TO CLIMATE CHANGE, IN AREAS THAT Committee EXHIBIT LOW AREA MEDIAN INCOME RATES AND HIGH TOPOGRAPHIC ELEVATIONS; FURTHER DIRECTING THE CITY MANAGER TO RESEARCH METHODS TO STABILIZE AD VALOREM PROPERTY TAX RATES IN ORDER TO ALLOW AS MANY RESIDENTS WHO WISH TO REMAIN IN THEIR NEIGHBORHOODS TO DO SO. ENACTMENT NUMBER: R-18-0501 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.11, please see "Order of the Day" and "End of Consent Agenda." CA.12 RESOLUTION 4931 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INITIATE THE PROCESS TO AMEND Sea Level Rise ORDINANCE NO. 10544, AS AMENDED, THE MIAMI Committee COMPREHENSIVE NEIGHB OF THE CITY OF MIAMI, FLORIDA AND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FL D, TO DEVELOP ADAPTATION ACTION AREAS IN THE COASTAL MANAGEMENT ELEMENT OF THE MCNP AND IN THE MIAMI 21 CODE TO ALLOW FOR SPECIFIC DESIGN STANDARDS, SPECIAL PERMITS, AND OTHER INNOVATIVE LAND DEVELOPMENT REGULATIONS WITHIN DESIGNATED ADAPTATION ACTION AREAS IN SUPPORT OF ADVANCING ADAPTATION AND RESILIENCE TO SEA LEVEL RISE. ENACTMENT NUMBER: R-18-0502 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.12, please see "Order of the Day" and "End of Consent Agenda." CA.13 RESOLUTION 5109 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO REVIEW THE CLAIMS MADE BY THE Commissioners PRESIDENT OF THE 1809 BRICKELL TENANTS' ASSOCIATION and Mayor AT THE JULY 26, 2018 MIAMI CITY COMMISSION MEETING; FURTHER DIRECTING THE CITY MANAGER TO EXPLORE THE VALIDITY OF SAID CLAIMS AND EXPLORE ADDITIONAL AFFORDABLE HOUSING OPPORTUNITIES FOR AFFECTED RESIDENTS; FURTHER DIRECTING THE CITY MANAGER TO REPORT HIS FINDINGS TO THE CITY COMMISSION WITHIN NINETY (90) DAYS. ENACTMENT NUMBER: R-18-0503 This matter was ADOPTED on the Consent Agenda. City of Miami Page 53 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Note for the Record: For minutes referencing Item CA.13, please see "Order of the Day"; "Public Comment Period for Regular Items," and "End of Consent Agenda." END OF CONSENT AGENDA Chair Hardemon: So listen. This is what -- the Chair would like to entertain a motion to do this: What I would like is a motion to approve -- and get ready --CA (consent agenda) agenda. Vice Chair Russell: Hold on, hold on. Chair Hardemon: Right? The PH (public hearings) agenda, except for PH.4; pull that one out; and what's left of the RE (resolutions) agenda. Commissioner Carollo: Okay, if you could give us a minute so we could go through it, please? Chair Hardemon: Sure. Commissioner Reyes: Yes. RE -- Commissioner Carollo: PH, except 4? Chair Hardemon: Except 4, and 1 is deferred. Commissioner Carollo: 1 was deferred, yeah. Chair Hardemon: Correct. Commissioner Reyes: That's right. Vice Chair Russell: RE.18, I would like amendments. Chair Hardemon: You can announce those on the record. Vice Chair Russell: Right. Commissioner Reyes: RE.18 will be -- Victoria Méndez (City Attorney): The yacht agreement reso? Chair Hardemon: RE -- Ms. Méndez: RE.18? Chair Hardemon: -- 18, there will be amendments placed on the record by the Vice Chairman, and we can do that within the motion. Vice Chair Russell: I had questions on RE.14, just to clarify for the record. Chair Hardemon: And that's fine. You can do that. Vice Chair Russell: That's the Olympia City of Miami Page 54 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: So to start the process, let's have a motion. Commissioner Carollo: Hold on. I'm on RE now. Is RE.1 being deferred or not? Chair Hardemon: Yes. Commissioner Carollo: Okay. Chair Hardemon: It's indefinitely deferred, and RE.4 is withdrawn. Commissioner Carollo: All right. I'm ready to make a motion on that. Commissioner Reyes: I second it. Chair Hardemon: Been properly moved and seconded. I'll open up now for the questions, and then also for the amendments. So the first, the questions that you had raised, Vice Chairman. Vice Chair Russell: RE.14, please, regarding the Olympia Theater. Chair Hardemon: Yes. Vice Chair Russell: I just wanted to ask the City Attorney that -- confirm for us that accepting this grant, including its covenant that is held between the State and the current operator would not preclude us if, by choice, we were to change operators at any point; that we would be able to transfer the grant with the approval of the State and the operator; that we would not lose that money, or we're not bound to the operator by accepting this grant. Ms. Méndez: So subject to the State approval of a transfer, yes, we can obviously transfer. The monies are to be used on the facility. Vice Chair Russell: Of course. Commissioner Gort: Yeah. Commissioner Reyes: But the funds are going to be administered by us or by the operator? Ms. Méndez: The -- that is a good question on the funds administration. One second. Commissioner Reyes: That's right. Commissioner Carollo: Well, what is happening, so you all know, there are negotiations that we don't know about to give the Olympia Theater to an operator. So when you have a chance, I'd like to hear about it, Mr. Manager. I don't want to find out about it just before the next meeting, because I have some grave reservations. That's one of the prime jewels of the City of Miami. Emilio T. Gonzalez (City Manager): That's correct. Chair Hardemon: Commissioner Gort. Commissioner Carollo: And -- City of Miami Page 55 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Did you have a statement? No? Commissioner Gort: No. Chair Hardemon: Madam City Attorney? Ms. Méndez: Yes. So the funds are going to be administrated -- administered between the operator and the City, obviously, so that they are put back into the Olympia Theater. Commissioner Reyes: But -- excuse me. Ms. Méndez: Yes. Commissioner Reyes: And I want to add to -- I mean, I want to clarify this. But the operator won't have possession of the funds without -- or will use the funds without authorization from the City, right? Ms. Méndez: Well, I believe it's supposed to be a reimbursement as the things are being done to the Olympia Theater, so there's -- obviously, has to be a control and oversight of the funding source. Commissioner Reyes: So controlled by the City, that's right. Okay. Vice Chair Russell: Is there a calculation of the potential transfer of development density that could be sold from the Olympia Theater not being developed -- or redeveloped? Daniel Rotenberg (Director): Good morning. Daniel Rotenberg, Department of Real Estate and Asset Management. We do not have the number that would be assigned to the transfer right now. We had the appraisal done on all the City's air rights, but we hadn't separated out this one. Vice Chair Russell: Okay. I had heard that the Planning Department had a prospective projection or a number somewhere in the neighborhood of 16 million. Mr. Rotenberg: I don't know that number, sir. Vice Chair Russell: Okay. And obviously, it's a market-driven issue, so it's hard to pin down. I understand that, but my point is we do have funding sources. This committee -- this Commission passed a resolution authorizing the Manager to begin a discussion and negotiation with the potential of Miami Dade College being a partner here. I want to make sure that if there is a partnership with the current operator or a transition from the current operator that it can be done smoothly, without putting funds at risk, and that we're not boxing ourselves in any corner, or not foreseeing any potential surprises, that's all. So I'm satisfied with this item and receiving this grant with those considerations. Chair Hardemon: Well, what was the friendly amendment that you wanted to make to the other item? Vice Chair Russell: Thank you. That was with regard to the license for the yacht show, and I believe a representative of the yacht show wanted to speak on that if you could indulge for a moment. Chair Hardemon: RE.18? City of Miami Page 56 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Vice Chair Russell: Yeah. Chair Hardemon: Yes. Vice Chair Russell: I thought they had spoken during public comment. Commissioner Carollo: Is this the one that you're going to ask them for more money? Vice Chair Russell: Yes. Spencer Crowley: Good afternoon, Commissioners. Spencer Crowley, 98 Southeast 7th Street. We've been working with your staff very diligently on the permits and approvals for Miami Yacht Show. Of course, this show is going to be located at the site of the former Miami Herald headquarters. We are aware of the efforts over the years to activate that area with a continuous baywalk downtown. And so, as part of our approval, we have offered to establish the seed money to get that started and really help act as the catalyst for that connection underneath I-395. So we're going to be contributing to the City in the amount of $150,000 to hopefully get that off the ground, and look forward to working with Commissioner Russell and other City staff to make that happen, so thank you. Vice Chair Russell: Thank you. Mr. Chairman, it's one of the largest missing parts of the baywalk, and it will actually connect Margaret Pace Park all the way down through to Museum -- Maurice Ferré Park. And it can be done -- it was supposed to be done under a promise when the art show was coming in last year. And a year ago this month, the promise was made that by this time when the art show came this year that a temporary baywalk would be open. And I -- it's unfortunate that's not the case, but I think we have a new partner that's coming in with the yacht show. Certainly, this would benefit them in their show. I would like to see the funds come into the City at the time of the license issue. I really appreciate you all's involvement in this in support for this. And I would like to see the temporary version of that baywalk realized if permitting allows, and that we direct the Manager to work with Genting and the tenant to get a temporary version of the baywalk in there by the time the yacht show opens. And I'm not talking about the portion yet under 395. I know that's a lot more complicated with DERM (Department of Environmental Resource Management) and FIND (Florida Inland Navigation District) and everything, but at least the portion that would connect the baywalk throughout the Genting property and to the north. Mr. Crowley: Right. And just so you know, during the duration of the show, that entire shoreline will be open and available to the public. I mean, that's where the show is going to exist. Vice Chair Russell: And then that is a temporary baywalk then. Mr. Crowley: Yeah. Vice Chair Russell: So thank you very much. Commissioner Gort: That was one of Mayor Ferré's dreams; to connect the whole baywalks. Mr. Crowley: Thank you all. Commissioner Carollo: Is that -- You're learning. I'm glad. But is that all you're going to ask for, 150? City of Miami Page 57 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Vice Chair Russell: So, and -- Commissioner Carollo: I thought you were going for 2 at least. Vice Chair Russell: -- the -- so the amendment would be to add in there, in addition to the licensing fee that they will be proffering $150,000 one-time payment at the time of license issuance. Commissioner Carollo: Good job, Commissioner. Good job. Chair Hardemon: The friendly amendment is accepted without objection. Commissioner Carollo: That's what we need to do. Chair Hardemon: Seeing no further discussion with the motion that's on the floor, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Todd B. Hannon (City Clerk): And for the record, that's -- Mr. Crowley: Thank you all. Mr. Hannon: -- RE.14 and 18 that were amended. Chair Hardemon: Now, Commissioners, I don't know how much time it would take for us to address the item that is on -- PH.4, Ultra Music Festival -- but I will work on the behalf of this board if you'd like to tackle it before we recess to lunch, or do you want to tackle it the first thing when we come back after lunch? Vice Chair Russell: After. Commissioner Gort: After. Chair Hardemon: Okay. I've heard two that say "after," so what I'll do is that we'll address the Ultra Music Festival, Item PH.4, before the afternoon public comment at 3 o'clock. All right? Meeting is in recess. Vice Chair Russell: We have a shade meeting? Commissioner Gort: What time we coming back? Chair Hardemon: 3. Vice Chair Russell: At what time shade; before or after? Chair Hardemon: After. Vice Chair Russell: After, today? Chair Hardemon: Yeah, everything after. Vice Chair Russell: Okay. City of Miami Page 58 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 PH - PUBLIC HEARINGS PH.1 RESOLUTION 2864 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Department of VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, Housing and APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, Community ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT Development 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 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO SELL THE CITY-OWNED PARCEL OF LAND LOCATED AT 1812 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBTTACHED AND INCORPORATED, TO YOL) FOR $25,000.00 FOR THE CONSTRUCTION OF AFFORDABLE HOUSING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes Note for the Record: Item PH.1 was deferred to the February 14, 2019 Regular Commission Meeting. For minutes referencing Item PH.1, please see "Order of the Day" and "End of Consent Agenda." PH.2 RESOLUTION 4917 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF PROGRAM INCOME FROM Department of COMMUNITY DEVELOPMEN Housing and GENERATED FROM FEBRUARY 1, 2018 TO SEPTEMBER 30, 2018 Community IN THE AMOUNT OF $484,492.21 FOR ELIGIBLE HOUSING AND Development ECONOMIC DEVELOPMENT ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT SAID ALLOCATION. ENACTMENT NUMBER: R-18-0504 City of Miami Page 59 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PH.2, please see "End of Consent Agenda." PH.3 RESOLUTION 4919 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN AMENDMENT TO THE CITY Department of DEPARTMENT OF HOUSING AND Housing and CO Community DEVELOPMENT LOAN FUN POLICIES TO Development INCLUDE ASSISTANCE IN CONVERTING EXISTING BUSINESSES' OWNERSHIP STRUCTURES TO EMPLOYEE-OWNED OWNERSHIP STRUCTURES, MAINLY THROUGH WOR COOPERATIVES, AS MORE PARTICULARLY DESCRIBED IN D AND INCORPORATED; AUTHORIZING THE ALLOCATION OF FUTURE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM INCOME TO THE EDLF PROGRAM SUBJECT TO THE AVAILABILITY OF FUNDS, BUDGETARY APPROVAL AT THE TIME OF NEED, AND AUTHORIZATION FROM TD COMMERCIAL LOAN COMMITTEE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES. ENACTMENT NUMBER: R-18-0505 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PH.3, please see "End of Consent Agenda." City of Miami Page 60 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 PH.4 RESOLUTION 5067 A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Department of Real VOTE AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, Estate and Asset CONFIRMING, AND APPROVING THE CITY MANAG Management RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI TO ENTER INTO A REVOCABLE LICENSE AGREEMENT WITH EVENT ENTERTAINMENT GROUP, R THE PRESENTATION OF AN ANNUAL ULTRA MUSIC FESTIVAL AT THE MARINE STADIUM SITE AND VIRGINIA KEY BEACH SITE ON THE TERMS AND CONDITIONS, INCLUDING USE FEE, USE PERIOD, AND OTHER TERMS SET FORTH IN THE REVOCABLE LICENSE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE REVOCABLE LICENSE AGREEMENT WITH THE USER FOR THE ULTRA MUSIC FESTIVAL, IN SUBSTANTIALLY THE ATTACHED FORM, SUBJECT TO REVIEW AND APPROVAL BY THE CITY ATTORNEY. ENACTMENT NUMBER: R-18-0523 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo, Reyes NAYS: Russell Note for the Record: For additional minutes referencing Item PH.4, please see "Public Comment Period for Regular Item(s) and "End of Consent Agenda." Chair Hardemon: PH.4. Daniel Rotenberg (Director): PH.4. Good afternoon, Commissioners. Daniel Rotenberg, with Department of Real Estate & Asset Management. PH.4 is a resolution of the Miami Commission, approving City Manager's recommendation, allowing the City of Miami to enter into Revocable License Agreement with Event Entertainment, the Annual Ultra Music Festival. Commissioner Carollo: Which music festival? Mr. Rotenberg: Ultra. Chair Hardemon: Was there a presentation or anything, besides what you just read into the record that needed to be made? Sir, you're recognized. Miguel De Grandy: Thank you, sir. Mr. Chairman, Commissioners, for the record, my name is Miguel De Grandy, and along with my partner, Richard Perez, we represent Event Entertainment Group. Commissioners, the Ultra Music Festival is, without question, the most important electronic music event in the world. Commissioner Carollo: I'm glad you clarified that it's electronic music event. City of Miami Page 61 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. De Grandy: That's not my opinion; that's -- Commissioner Carollo: No, no, no, no. Mr. De Grandy: -- a direct quote from Rolling Stone Magazine. Mr. De Grandy: In fact, the Ultra Music Festival Miami was first -- one of the first dance music festivals in America, and 20 years later, it remains one of the premier dance music destinations in the entire world. And again, that's not my opinion; Commissioner Carollo: We agree with that. Mr. De Grandy: And what's very significant about the Ultra Music Festival is that it is a home-grown event. Ultra started as a one-day event almost 20 years ago and has grown into a world-class venue, staging events now in six different continents; much the same that Pitbull started as Mr. Hialeah, grew to be Mr. 305, and is now Mr. Worldwide, but Ultra is much more than that to the City of Miami. Commissioner Carollo: Well, I don't know if I'll agree with that. Pitbull is, in my book, a little higher. Mr. De Grandy: I hear you. But it is a vehicle for promotion of the City of Miami as a world-class destination for both domestic and international visitors. Moreover, it provides a significant, positive economic impact in this community. The Washington Economic Group Study estimates that from 2012 to 2017, Ultra has provided approximately $825 million in positive economic impact to the Miami-Dade County community. Throughout that time, it has provided approximately $10 million in Florida sales tax revenue. Ultra provides hundreds of direct jobs for this community, and it is estimated that between 2015 and 2017, it has provided a total of 4,500 direct, indirect, and induced jobs in this community. Ultra provides significant economic benefits, as you heard this morning, to local businesses, filling up hotels and many restaurants during event days. And by the way, the additional revenue generated from the one penny tax on restaurant consumption helps pay for services for the homeless and domestic violence victims. And Ultra pays its fair share for the impacts it generates. Between 2013 and 2018, Ultra paid nearly $5 million for City of Miami police services and over $2.5 million for City of Miami fire-rescue services during that same time. And so, Ultra is a major contributor to our economy and is also the type of signature event that is part of what makes the City of Miami a world-class destination. But like any major world-class event, it is undeniable that it has ancillary impacts in regard to traffic and mobility issues. And it is true that during the three days of this event, there will be traffic impacts on the Rickenbacker Causeway that may inconvenience the residents of Key Biscayne, but such impacts are also foreseeable in a place that is considered a world-class tourist destination. In fact, many of those impacts are experienced many days of the year by your constituents. Every day the Marlins play, the residents of your city are inconvenienced with traffic and sound impacts. Every day the Heat plays, the residents of your city are inconvenienced. Every concert and every other event that takes place at the baseball stadium, the Heat Arena, the Arsht Center inconveniences people you represent. The Corporate Run inconveniences the residents and people that work in downtown Brickell area. The Calle Ocho Festival and the Three Kings Parade cause traffic congestion and noise impacts. The Grove Arts Festival, which closes a portion of Bayshore Drive, causes an inconvenience to local residents, as does the King Mango Strut. Art Basel, that has exhibits from Miami Beach to Wynwood, and many other events within the City that help define us City of Miami Page 62 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 as a world-class destination sometime inconvenienced your constituents in the City of Miami. And many of these events are patronized and enjoyed by the residents of Key Biscayne, without having to deal with the impacts. But in many other ways, the residents of Key Biscayne are also blessed. Indeed, how many of your constituents in the City of Miami can say that they could literally go down the elevator of their apartment or condo and walk a few steps to a beautiful beach every day of the week? How many of your constituents can say that they run their errands or go to grocery stores in a golf cart on uncongested roads? The citizens of Key Biscayne are also blessed that they no longer experience traffic impacts during a two-week period in which the tennis tournament was held in Rickenbacker Causeway's facility. Those impacts didn't disappear; they were just shifted to our neighbors in the north. Now, Commissioners, in my 37 years in the practice of law, one thing I have learned is the people will resort to false, slanderous, and misleading information only when they know the truth and the merits are not on their side, because, after all, why would you wage a campaign based on false information if the facts really supported your arguments? But regrettably, that is exactly what we have seen of late the elected of Key Biscayne officials do. And again, that's not just my opinion; that is what was reported in the Miami Herald article yesterday, informing that, quote, "The Village of Key Biscayne government has launched an all-out assault," unquote, against your city and Ultra. And permit me to quote parts of that article. The Herald makes reference to a video produced by Key Biscayne, which consists mainly of stock footage that has nothing to do with the Ultra Music Festival, and in that regard, the Herald notes, quote, "The scenes are clearly not from Ultra," unquote. And further states that, quote, "The video paints a harsh and negative portrait of the festival and its attendees, while misstating some of the reasons Miami's Commission voted to reject a new contract for Ultra to stay at Bayfront Park." The article continues by Mayor, inquiring whether this false and defamatory information was out of line, her response was, quote, "What I think is out of line is the lack of communication and respect on the side of the City of Miami." And while Key Biscayne's officials misleadingly claim that you lack respect for their community, it is unfortunate that they also resort to tactics intended to intimidate this Commission and your Administration by, for example, sending a letter to Miami-Dade County elected officials demanding of them to revoke your deed to the Miami Marine Stadium if you proceed to approve the revocable license before you today. But this is not the first time that the Village of Key Biscayne has tried to substitute its judgment for that of the elected officials of the City of Miami. Three years ago, the Village of Key Biscayne sued the City of Miami to try to prevent the Miami Boat Show from proceeding on this property, and engaged in protracted litigation, costing its own residents probably hundreds of thousands of dollars in legal fees. But ironically, at that time, they took a very different position from what they're taking now. Indeed, -- meaning, the Marine Stadium property -- developed and operated as an outdoor waterfront amphitheater. Initially, it was a site of boat races. In time, it was equipped as a floating stage and became a venue And so, three years ago, the Village took the position that the use of the property for a boat show was inappropriate, because it was now a venue for music concerts. But now, when the issue is about staging a music event, they take the opposite view that this site isn't appropriate for a music concert, because it is intended as a venue for boating activity. In summary, Key Biscayne officials have presented, unfortunately, a blatantly false and slanderous portrayal of the Ultra Music Festival. But now let's talk about some facts. During the first years of Ultra, there were issues of concern, and those issues have been addressed aggressively and responsibly by the event patrons. In fact, according to yesterday's Miami Herald article, Ultra enjoyed a largely incident-free event since additional security and safety measures were put in City of Miami Page 63 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 place in 2015. Permit me to quote again from the Herald article. Quote, "Since 2015, the event has been staged at Bayfront Park without any major incidents. The festival banned minors, upped security, hardened its fences, and created a drug amnesty program to discourage substance abuse," unquote. And Ultra has committed to do the same things and more in regard to the Biscayne marine facilities. Moreover, in regard to traffic issues, there were claims this morni traffic issues, the revocable license requires that no later than 60 days, prior to staging the event, Ultra must provide a Traffic Management Plan that is acceptable to your city. In that regard, Ultra has already retained David Plummer & Associates to begin to develop those plans. Here are some of the highlights: For the vast majority of attendees utilizing a private car and parking it on site will be completely prohibited. Drop-off points will be provided for guests to exit vehicles that are transporting them to the event. Mass transit, from parking staging areas in the mainland, including shuttle bus services, will be provided free of charge to the vast majority of attendees at a cost of hundreds of thousands of dollars. We will also use ferries and large water taxis, when appropriate, to bring patrons to the event. George Navarro, who developed a Boat Show Transportation Plan, has also been retained by Ultra to develop its Transportation Plan. Now, in a minute I will introduce Rey Martinez, Ultra's Chief of Security, who can provide more information on the process of those plans. But let's talk about environmental. Likewise, from an environmental perspective, the revocable license requires that no later than 60 days prior to staging the event, Ultra must provide an Environmental Mitigation Plan, acceptable to your Administration. And in that regard, let me take a minute to separate myth from reality. The false and defamatory information circulated to date implies that potentially hundreds of thousands of people per day will descend on a fragile ecosystem with no controls, whatsoever. You heard repeatedly here, 165 people -- thousand people per day, and that's simply not true. At Bayfront, total capacity was 55,000 per day. At this new venue, capacity is capped at 60,000 per day. And here's a second fact: As you will see in the exhibits included with the Revocable License Agreement, there are two locations to stage the event. The first is the Biscayne Marine Stadium site. Now, you can find an aerial photo of that site in Exhibit A-1 of the Revocable License Agreement. And as you will plainly see, 100 percent of that parcel is concrete. The smaller version is on the Virginia Key historic area. So based on capacity and the number of stages that will be set throughout the venue, the fact is that 70 to 75 percent of the people that will attend the Ultra Music Festival will be standing on hard pavement on the Marine Stadium site, not on any environmentally sensitive areas. Further, in regard to the Virginia Key site, access to the actual beach area, sensitive habitats, and historic structures will be fenced off and prohibited. The access corridor to those stages will be lined with racetrack-level fencing, including concrete barriers, to prevent patrons from walking off into areas not designated for the music festival. Also, Ultra is currently working with Ms. Irela Bagué, who is the Chair of the Resilience Committee at the Greater Miami Chamber of Commerce and a well-respected local advocate of the environment and the economy. Ms. Bagué will be assisting Ultra in organizing an environmental and economic advisory group, made up of local stakeholders, including environmental organizations, academic partners, local governments, historic preservationists, and business organizations to provide guidance on incorporating green sustainable event strategies, as well as promote business and job opportunities for local vendors. Ultra has also committed to engage a local environmental consulting firm to develop its environmental management and remediation plan, and that plan will include a wildlife protection component, which I'll talk about in a minute. But let me first, if I may, introduce Ultra's Chief of Security, who can also talk a little bit in more detail about the traffic security and other issues. He has been already in communication with the County's Police Department, your City's Police Department, and Key Biscayne's Chief of Police City of Miami Page 64 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Department in order to bring them together as stakeholders and coordinate with them. Rey. Rey Martinez: Thank you. Thank you, Mr. Chairman, members of the Commissioner -- Commission, for this opportunity just to reiterate a few points on the Traffic Transportation Plan. As stated, I have met with Chief Chuck Press from Key Biscayne Police Department, and we've communicated back and forth, and I've heard his concerns, and obviously, the concerns of the residents of Key Biscayne, and I've assured him and gave him my word that he would have a seat at the table of stakeholders in developing this Traffic Plan and our Operational Plan as we move forward. I have met with the County Police Department, Miami-Dade County Police Department, as well as continuously work together with the City of Miami Police Department, and we are committed to sitting down together with all the stakeholders to bring this traffic plan together. I've also reached out to the Miami-Dade County Transportation Department, and have spoken with Alice Bravo, who many of us are familiar with, and bringing her on board and her resources and her organization to the table as well, because we need their expertise and their public transportation, also, to fill into this plan. The bird's-eye view, the 30,000-foot look, if you will: Before we are able to sit down with all of our stakeholders and really hash out the fine details of our Transportation Plan, as was stated earlier, first and foremost, we are not going to provide on-site parking for our general attendees coming to the festival. So they will be told, and we will be putting out information that they will be able and be required to take one of the forms of mass transportation; bus transportation, picking them up from various sites that connect with Metrorail, Metromover, Brightline, places in downtown Miami; taking water taxis that will also take them to marinas on the mainland side, whether it's in downtown Miami or on South Beach, similar to what the boat show does, as well as designating taxi and rideshare lots for people to be able to drop off. The intent is to keep the traffic flowing on and off the Causeway at all times and minimizing any crossover of the Causeway. As stated, we're bringing on board George Navarro, with Navarro Consulting Group. I worked with him on Miami Beach for a number of years, and he's been the person that organizes the traffic plan for the boat show for the last three years and back when it was on Miami Beach. So together, we're going to be working to develop this plan. We're also consulting with national transportation logistics companies; the possibility of bringing them in to manage the entire transportation portfolio, to bring them on board and help us move people in and out of the festival. A couple of the nuances of our festival that are good: You know, as we look forward, I heard some concern earlier about the MAST (Maritime and Science Technology) Academy, but just so you know, for 2019, Miami-Dade County Public Schools is on spring break the week leading up to Ultra Festival. So there is no school that week, you know, and then, obviously, through the weekend. But even with that, we would reach out and try to collaborate with the school to make sure we address their concerns and bring them into the fold, as well as to be able to work together in years future. So with that, I'd like to turn it back over. Mr. De Grandy: Mr. Chairman, just a few quick points to address some of the comments that were made this morning. You know, first, regarding Rapture and the conflict in dates. You know, we have yet to see this mysterious contract that they claim that they have. You know, it doesn't exist in the public records, et cetera. We're very confident that no contract or revocable license exists, because we're here today, and they would have to go through the same process we went through. I monitor City of Miami Commission meetings. I have not seen Rapture up here, as we are today, addressing an issue of approval of a revocable license. I have not seen anything that even looks like a contract. But nevertheless, we're so confident about the fact that your Administration would not be negotiating a revocable agreement with us if it conflicted with other dates that we're happy to indemnify you in that process. We'll take over any litigation that's filed against you. We will City of Miami Page 65 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 defend it, and we will indemnify you and be liable. That's how confident we are that that's a nonissue. The MAST Academy issue, which Rey touched upon, another red herring. The kids are on spring break. There is no impact to MAST Academy. And finally, let me hit on another important point, because you've heard from a dean at UM (University of Miami) and others about concern for their marine life and wildlife in general from sound impacts. We're not talking people impacts; we're talking sound impacts. Now, let me just list to you some of the concert events that have occurred in that very venue in the last year or so: Rakastella, December 2017; House of Creatives, November 2017; Fractal Beach, February 2018; Electric Carnival, July 2017; DJ Exclusive City and DJ Stacks, May 2017; 9 Mile Music Fest, March 2017; just last week, again, House of Creatives; and they all work at the same decibel level that we do, 110 decibels. And keep in mind again, as I told you, 70 percent of our activity is on the Marine Stadium site. We're only going to have three stages at the Virginia Key site. So even though their events are smaller than us, they may have the same or greater number stages than ours. And what you didn't hear is retrospective. In other words, you heard folks coming here and telling you, listed. And the bottom line is, nevertheless, we are very concerned for the environment, and we're willing to enter into a methodology where we will hire a wildlife consultant to do a Wildlife Protection Plan. We will give that plan to the City. If the City disagrees with any of those components of that plan, we will agree to hire a third consultant at our expense, mutually agreeable to the Administration and us, to serve as an arbitrator and to finalize the components of that Wildlife Plan, and then we will abide by that Wildlife Plan. In other words, what we are asking you today is -- You heard a lot of emotion, and we are asking you to let this process be guided by the science, not by emotion. And we are happy to create a process that hopefully will now become the standard that you will require of any other music event on that site from now on. Now, very briefly, Commissioners, before I close, let me just make one additional point. In the previous venue at Bayfront Park, Ultra had an obligation to restore the park facilities to the conditions they were before the event took place. Every year, at its own cost, Ultra faithfully complied with those obligations. In other words, we have a proven track record. Today our opponents are falsely claiming that we have no concern for the environment, and our event has the potential to destroy Miami's coastal ecosystem. Not only has Ultra for years maintained an eco-village, whose purpose is to raise awareness for not-for-profit entities, including the nurtured conservancy, among others, but in this case, the City has created a legal instrument which ensures that Ultra's business interest and the City of Miami's environmental stewardship are fully aligned, because, simply stated, Ultra has an interest in making sure that it can continue to stage its yearly event, for many years to come, in the City of Miami. And it knows that in the context of a revocable license that if it fails to meet the commitments to you, the environmental obligations that it has to the City, this is going to be a one-shot, one-year engagement, because the City can revoke its license for future events. And so, even from a pure business perspective, the methodology set forth by the City will ensure that Ultra maintains its commitments regarding environmental mitigation, and either maintains or restores the property to its original condition in order to continue to enjoy the benefits of staging the event in Miami, the greatest world-class city in the world. And with that, I thank you for your time, and we're happy to answer any questions you have. Chair Hardemon: Are there any questions? Commissioner Reyes: Yes. I -- City of Miami Page 66 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: -- have a bunch of questions, but you answered some of them, you see. And I have -- my first question is to the City Attorney, and it have to do with process, you see. I have been always very careful that the process is followed, and if it is not, it won-- do we need competitive bidding, or don't we need competitive bidding in this? Victoria Méndez (City Attorney): Well, the -- so two different things. Competitive bidding, which you have been concerned with, pursuant to -- Commissioner Reyes: 29B. Ms. Méndez: -- 29B, okay. Commissioner Reyes: Does it -- Ms. Méndez: So pursuant to 29B, it is not necessary, because this is structured as a Revocable License Agreement. Commissioner Reyes: Okay. Ms. Méndez: We're not conferring -- it's not a sale or lease of City property. It's not a management agreement. It's not anything that would require or trigger the waterfront property requirements, because, obviously, the Marine Stadium and the park, to some extent, are venues. So none of those things would be triggered, pursuant to 29B. If we do a multi-year, though, just because other types of events may want to come here, that is why we're doing it pursuant to our Code; we're doing a four-fifths. So process-wise, which has been your main concern with other issues that have come up -- Commissioner Reyes: That's right. Ms. Méndez: -- this is in compliance with 29B, because it is a use agreement, a permit; it is not sale, lease, management, or those things that are triggered. We're not conferring -- transfer to Ultra. It's terminable at will. So we have a lot of things in this that make it compliant with 29B. Commissioner Reyes: Okay. Now, having that out of the way -- well, and they are not building any permanent structure or anything? Ms. Méndez: No, no. Commissioner Reyes: Okay. Now, another question that I have -- Vice Chair Russell: Could I just clarify, because I didn't understand one thing that was mentioned. I don't mean to interrupt. Commissioner Reyes: Sure. Vice Chair Russell: But I -- while it's up -- -- Did you say that the Code mandates that if it's a multi-year agreement that it would need to be competitively bid? Ms. Méndez: We're talking about compliance with 29B. Vice Chair Russell: After that. City of Miami Page 67 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Ms. Méndez: Right. Arguably, because it is a venue that would be wanted by others, something like that would be -- would trigger competitive bidding for purposes of several -- you know, a Coachella, a Lollapalooza, a Rolling Loud -- Vice Chair Russell: But you said, "according to the Code," so I was just wondering if it says in the C---? Ms. Méndez: No, it does not say that. It's -- the fact that it is a asset the City has that is wanted by -- Chair Hardemon: We could competitively bid it for that time period. Ms. Méndez: Yes. Commissioner Reyes: Okay. Another question -- Is that clear? Is that clear? Okay. Another question that I have is, I heard and you mentioned the -- supposedly, there is an intent or a license -- I mean -- of -- or sort of a contract -- I don't think is a contract -- but a permit that was issued to Rapture, which is another company, and you have a copy of all of that. My question to you, is this a binding document, the one that was presented to you? Ms. Méndez: So there is a document that was presented; that it is an intent of the Virginia Key Beach Trust to work with Rapture in the future. And there was an intent -- there was a request for a permit; however, there is no bilateral contract that has been signed. There is no money that has been accepted -- Commissioner Reyes: Okay. Ms. Méndez: -- for the use of all the property. However, since there is that just dangling, you know, liability -- and I'm always looking out for liabilities -- Ultra has graciously agreed to indemnify us, hold us harmless, pay out anything if something were to be paid out, which they have in the past for any issues. So we will -- obviously, we have put in language in the indemnification provisions that any liabilities that may arise out of that date reservation, or what have you, would be resolved by Ultra. Commissioner Reyes: That is included in Section 16 of the contract? Ms. Méndez: Yes, it is. Commissioner Reyes: It is included. Okay, that's fine. Ms. Méndez: As amended, as we will amend based on all these -- Commissioner Reyes: Okay. I was very concerned about that and if we are going to be held harmless. I mean, I don't want -- because I heard some rumors about lawsuits and all that. And Mr. De Grandy, you should understand that everybody likes to sue the City of Miami. I mean, we have sue galore, you see. Every -- I mean, from you. And if you hold us harmless, that would take that out of the way. Another question that I have is -- and you sort of answered that -- people are going to be transported by mass transit, right? Mr. De Grandy: That's correct, sir. Commissioner Reyes: And the traffic is not going to be only automobiles going in there; that you're not going to allow any parking, no parking? City of Miami Page 68 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. De Grandy: No. Commissioner Reyes: And how are you going to make sure that there's not going to be parking? You will have to have enough securities there. Mr. De Grandy: Absolutely. The park -- part of the challenge is that the security cost, the staging cost, the transportation cost to this venue are apples and oranges with Bayfront. We did have to have ample security -- Commissioner Reyes: Yes, sir. Mr. De Grandy: -- in the Bayfront Park site, but people came from -- Commissioner Reyes: Okay. Mr. De Grandy: -- by Metrorail, by car, whatever; here, we're going to have to transport them, so it's going to be a more serious event. Now, let me correct my statement. VIP (Very Important Person) parking will be allowed, but it will be very limited. Commissioner Reyes: Define VIP. Commissioner Reyes: That's right, but define who is a very important person, you see, and how many people are very important -- VIPs to you. Chair Hardemon: How much money do you have? Chair Hardemon: You're not VIP. Commissioner Reyes: I won't be VIP. Yes. Mr. De Grandy: If I could, Commissioner, it would be a very limited number of parking available for VIP, and it would be for our VIP ticket holders on a first come/first come served basis. You know, there's approximately 550 slots that may be available -- Commissioner Reyes: Okay. Mr. De Grandy: -- -- Commissioner Reyes: It won't be -- Mr. De Grandy: No, it will not reach a thousand. Commissioner Reyes: It won't reach a thousand. Okay. Now, there is concern of people that there are concessionaires in the Key, you see, people that -- for example, I know a lady that she rents Kayaks and all that, and she's complaining -- and she was complaining that during all the events that she have not been able to reach her - - I mean, her business, and people were not allowed to go into the business. They couldn't do it, you see, because they were fenced off. Are you going to make sure that those concessionaires are not going to be fenced out? City of Miami Page 69 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. De Grandy: To my knowledge, we are not impeding access to any other business. Rey, if you could also confirm that? Mr. Martinez: Right. And we haven't finalized our site plan, but, yes, we're aware of those business out there, and again, we would obviously contact them -- Commissioner Reyes: Okay. Mr. Martinez: -- and coordinate access to their property, as well. Commissioner Reyes: Okay. Now, litter. You're going to make sure -- because I had -- as a matter of fact, let me tell you, I have met with some people that had come to me, and they had -- and all those questions, they come from them. You see, there's a big concern about litter, and also on the material of the cups, or whatever you use, that could go -- I mean, could get to the beaches and the fishes, the manatees will be -- will eat them and all of that. As a matter of fact, are you -- do you --in particularly, you see like, bottles, water bottles, straws, and also confetti, if -- do you throw confetti and some --? I've never been in one of the -- excuse my English -- but I've never been in one of the -- of your concerts, but I want to know, because if you're going to be throwing confetti and -- you know, the confetti, the air carries them, and it's going to go to the beaches, and the fishes could be able to eat it, and blah, blah, blah. Okay. Mr. De Grandy: Of course. And that's part of what will be presented in our Environmental Mitigation Plan. Commissioner Reyes: Okay. Mr. De Grandy: And, you know, the fact is, we're going to be looking at all those things. But to give you some comfort, Commissioner, the entire access area getting to the Virginia Key site is going to be fenced off with racetrack fencing. That means the concrete barriers and fence on top of that. Commissioner Reyes: How tall? Mr. De Grandy: 12 feet. Commissioner Reyes: 12 feet? Okay. Mr. De Grandy: And then, the stage areas, the place where the venue occurs, is going to be closed off. The -- there will be a perimeter fence to prohibit access to the beach side, to the mangroves, to the sensitive areas. Commissioner Reyes: And that it was also a concern; that one of the concert-goers should have access to the lagoon or to the beaches and they could drown, you see. I mean, you're going to have enough security there so -- to avoid -- I mean, to impede anybody to getting into -- Mr. De Grandy: Absolutely. Commissioner Reyes: -- the beach area? Mr. De Grandy: Absolutely. Commissioner Reyes: Okay. And lastly, last thing -- one thing that concerns me is the access of -- I mean, traffic between the Key and -- I mean, for the Key residents. And are we going to designate --? I don't know, because I don't know anything City of Miami Page 70 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 about traffic. But it occurs to me, if you have one lane designated for Key residents only to go in and Key residents only to go out, I think that that might help. I don't know. Chair Hardemon: That might create more traffic. Commissioner Reyes: But -- and -- Mr. De Grandy: I don't know if that can be permitted and -- -- Mr. De Grandy: -- with what agencies. Commissioner Reyes: -- I'm just -- Mr. De Grandy: That's beyond our control. Commissioner Reyes: -- throwing this in, because -- Mr. Martinez: I could answer that. Commissioner Reyes: -- you see, we have heard a lot of -- me, personally, I have going to create a -- but if we can -- Mr. De Grandy: Right. Commissioner Reyes: -- try to work together and work some sort of a compromise and give it a try; and if you are willing to do everything that is possible to control traffic, which is the main concern of -- and I don't understand it. If I lived in Key Biscayne -- I cannot afford it -- but if I could live in Key Biscayne, I will be concerned, too. Mr. De Grandy: Right. Ms. Daly: You see. But if you could try to ameliorate -- I mean, easy the traffic in and out of the Key, it will help a lot; by mass transit, by trying to keep automobiles out of the area, and all of that. Mr. Martinez: Right. Commissioner, as I said earlier, I've already met with the Chief of Police on Key Biscayne, and I've given him my personal assurance that he will be part of our planning and part of our, you know, committee of stakeholders that's going to be -- and of course, with signage, you know, designating that lane. What we don't want to do is stop cars and screen them going into that lane, because that would just cause more problems. Commissioner Reyes: No, but you will have to have a police -- Mr. Martinez: Absolutely, absolutely. Commissioner Reyes: -- officer directing traffic -- Mr. Martinez: Absolutely. Commissioner Reyes: -- just as we do when we go to any concert -- City of Miami Page 71 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. Martinez: Correct. Commissioner Reyes: -- or any other activity. Okay. Now, the next part that -- going to leave that to my colleagues, which is going to be money, you see, and the payment, and I don't want to get into it until -- I'm going to give a chance to everybody else to -- Thank you very much. Thank you very much for -- Mr. De Grandy: Thank you. Chair Hardemon: Who'd like the next stab? Commissioner Carollo: You talked about money, so I guess that falls on me. Chair Hardemon: They called your name? Commissioner Carollo: I'm the guy that's been assigned by you to be the collector, right? Rey, how long have you been negotiating, talking to the Administration on this new contract? Mr. Martinez: I don't have the answer to that. Commissioner Carollo: Nobody knows? Don't tell me it happened like the Immaculate Conception. Mr. Martinez: I haven't been part of the negotiations, Commissioner, in all honesty. You know, that hasn't been in my -- Commissioner Reyes: Who (UNINTELLIGIBLE)? Mr. Martinez: -- so I'm not sure we can address it. Commissioner Carollo: Does anybody know? Well -- Mr. Martinez: Commissioner -- Commissioner Carollo: -- first question and I can't get an answer. That is not -- Mr. Martinez: -- -- Commissioner Carollo: -- a good sign, Rey. Mr. Martinez: -- informed that since September 27, when we were not renewed, our contract was turned down; shortly thereafter that, we entered into negotiations with the Administration. Commissioner Carollo: Okay. One of the main problems I have -- and I hope the Manager is listening -- all members of the Commission -- Well, go ahead. Chair Hardemon: You want to clarify something? Mr. Rotenberg: Don't mean to interrupt, but I just want to clarify. The Administration, from our end, we've only been involved in this for the last three weeks. Commissioner Reyes: And who was -- Commissioner Carollo: But your department, right? City of Miami Page 72 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: -- negotiating then? Chair Hardemon: The Administration. Mr. Rotenberg: Sorry? Commissioner Carollo: Your department? Mr. Rotenberg: Yes. Commissioner Carollo: Yes. So in other words, after it was all cooked, then you became the sacrificial lamb to take a hit, but you don't have to answer that. It's not a question; it's a statement. Mr. Manager, I take offense that members of this Commission were not sent even a memorandum, something from you, that Ultra had expressed an interest to you to go to Virginia Key, and that you either had entered into negotiations or were considering negotiations, you know. We can't change that now, but I'm going to tell you, this is happening all too often, and this has to change. Emilio T. Gonzalez (City Manager): Sir, as Mr. Rotenberg said, we got involved about three weeks ago. It -- nothing was cooked -- Commissioner Carollo: Okay. Mr. Gonzalez: -- just to be clear. There has been some conversations between the Ultra organizers and other individuals, but as far as we are concerned -- Commissioner Carollo: Okay. Mr. Gonzalez: -- the negotiation were led -- Commissioner Reyes: Can I ask a question? Mr. Gonzalez: -- by my Deputy, by Dan; we were all represented. Commissioner Carollo: Then I think I understand what you're telling me. You know, my -- I pick up quickly. I know we had an election. Everybody thought that, you know, was coming, and you know, everybody stood back and let it work out. Maybe it -- they even were nice enough to give a good contribution to the campaign. I understand all that. But I just want us to fully understand each other, that from here on -- I can't change the past; neither can you -- but from here on, anything of major significance that this Commission is going to have to vote on that you're going time that you're negotiating or looking at something, before at least I find out when the agenda was being first sent out. Now, what I really do not understand is how in the world -- and this concerns me more than anything else, because this goes way beyond Ultra. This is shaking my confidence on anything else that you guys are going to negotiate and look at financially. Ultra, when it was here last, based upon my good personality with them, had come from about 700 or so thousand dollars to $2 million, which is, as I told them all along, on the very low end of what a fair amount was to the City of Miami. And I say, "the City, because, even though the Trust was a conduit for that money, as I made it clear, all that money is going to come to the City of Miami, like I feel it should have. On top of that, what wasn't discussed here then -- important -- Ultra was spending in costs at Bayfront Park approximately 600,000, or real amount that we're looking at is $2.6 million from Ultra. How in the world, from 2.6 million and 2 million that they publicly stated they will be willing to pay here City of Miami Page 73 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 when they were here last, do we come to giving them this for 1.4 million, almost 50 percent less, a million point two less? If this is how Melreese is going to be negotiated or the Administration building or anything else, I want some new people to negotiate it, or we're going to do it right up here every time. You know what the Donald would say if you bring him something like this? One word: "Fired," and I don't mean by burning. Gentlemen, this is insulting that from 2 million, which now is really 2.6 that I'm explaining to you, we're only going to be asking them 1.4 million. I'm going to make my position very clear. Unless Ultra starts talking, beginning 2 million or above, I'm not going to dance in this dance. Maybe there's a majority here that would want it. And I'm not even going into all the other arguments -- some that are very good arguments; some maybe not as good -- that I've heard here earlier today. I'm looking at it strictly from a business point of view. They do this not for the love of electronic music; they do it because they're going to make money on it. We need to run the City of Miami as a business also. And you guys know the big deficit we have coming up. In fact, it's not even going to be next fiscal year. It comes early next year when we get hit on how much we're going to have to pay on the little lawsuit on Flagstone. We're going to be looking at a deficit. So why in the world do we want to contemplate entering into a contract that we're going to be giving it to them for less than what they already had offered us? If someone could give me an intelligent answer to that, you know, I'd like love to hear it. Mr. De Grandy: Commissioner, if I may, I can address some of those points, if you'd like. Commissioner Carollo: Sure. They certainly are not going to do it for me, so maybe you could have a better shot at it. Mr. De Grandy: Sure. Respectfully, 2018, Ultra paid the City of Miami approximately 621, as you know. Commissioner Carollo: Excuse me? Mr. De Grandy: In 2018, Ultra paid 621, as you know. Mr. De Grandy: Thousand, correct. Commissioner Carollo: But not 2018. 2018 was the one we had this year. That was more, with a small surcharge that had come. I think you're thinking maybe of the prior year. I think, in 2018, it was more in the tune of 700-plus thousand. Mr. De Grandy: I'll accept that figure. Commissioner Carollo: Okay. Mr. De Grandy: Now, we had agreed in good faith to increase that to $2 million on a totally different deal. We're talking about a deal that included guarantees of a multi-year term; from a marketing perspective, are very important. We had also guaranteed a deal at a location which was a known commodity. The Ultra Music Festival at Bayfront Park is known worldwide. We have no problem believing that we could fill up the Bayfront Park every day that we have an event. This is an unknown quantity. We do not know, because of the transportation challenges, whether instead of 55,000, which is the capacity of Bayfront, we may have 35 or 45 or 40,000 individuals in that venue. City of Miami Page 74 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: Look, I -- Mr. De Grandy: And so, that's a bigger risk. And if I may also state, the transportation, the additional security, and staging in a venue such as that venue, which involves two separate parcels, the additional security, the additional fencing; just the access area to Virginia Key is close to a mile of fencing on both sides; the transportation challenges, we're looking at way over 7, $800,000 in additional costs to stage the event at that venue. Commissioner Carollo: Well, counselor, you have made a much better argument than I heard from my Administration, which is none. But while some have somewhat of a believable reasoning -- each other for a long time, so I don't question what you say to me. Mr. De Grandy: Appreciate that. Commissioner Carollo: This is what your clients are telling you. You're still in the area of no less than $2 million. But beyond that, look, this site, in fact, is a much better site than Bayfront Park. You could bring more people here. The views that you're going to have are going to be even better views. So, as you said, you're not going to have any problems filling it up. But certainly, my people -- and this is where the problem that I have -- could have written that into the contract; that if you only brought, say, 45,000, then it would be the 1.4, 1.6. But if you bring the 50,000, it would be so much. In fact, in the contract that I had before, the 2 million was based on 50,000. Anything over 50,000 per day, we got more money. So it's even more than what I'm saying here that we had agreed to. The difference was that there was a 2 million that was going to be guaranteed. And while I know you weren't part of those negotiations -- and at that time, they were trying to get 10 years, and that wasn't going to fly; then the discussion was at five years -- we were firm in 2 million, whether it was one year or five years. So I don't see what the difference is, whether you get five years or one year, if you're going to make sufficient money to pay us and have a nice, hefty profit. Now, I'm going to tell you, even outside of the money, one other big area of concern why we -- if a majority here wants to go forward with this contract -- why we should absolutely not do more than one year, if that's what it comes down to. And I'm going to tell you what nobody knows, until and if it happens: noise, you don't know which way it's going to go in the water, how far it goes. Fisher Island is right across from the Marine Stadium, and Brickell, all the condos we have on Brickell, are right next door, very close. Late at night and through the water, we don't know and -- how that's going to travel, and you might have an uproar worse than the plastic grass on Brickell if people can't sleep there for three or four days. Fisher Isle -- if my colleagues are concerned on the uproar for Key Biscayne, Fisher Isle, they might not be as many, but they're the number-one Zip Code in America per capita, and they're going to make even bigger noise than Key Biscayne with the money they have there. So that's another problem that I suggest to my colleagues that if a majority here wants to approve this, they need to look at. Mr. De Grandy: May I address that? Commissioner Carollo: And I'm not trying to use scare tactics. Mr. De Grandy: I understand that. Commissioner Carollo: It's a legitimate concern, because as much as your clients are going to tell you to tell us that they control everything, I was there. If you way. That's why they had a problem with the neighbors. That's why, for years, they could not control the sound hitting City of Miami Page 75 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 those condominiums up, because they did such a good job controlling it at the low level where you could speak to people and not have to shout, but the effect of that was that the sound was traveling higher. So imagine, through the water, and if it goes higher, what could happen. Mr. De Grandy: May I-- Commissioner Carollo: But I -- Mr. De Grandy: -- address that? Commissioner Carollo: Sure. Mr. De Grandy: We have already engaged with a sound engineer on those issues. What we have been told, the science, is water does not amplify sound; it travels the same as it would on land, and it works based on a mathematical formula at the distances calculated to Brickell or the distances calculated to Fisher Island or the distances calculated to Key Biscayne, which are considerable distances, all three. You're talking about -- when it reaches there, it is no greater than ambient city urban sound, because of the distances. And that's one of the reasons that we looked at this site, Commissioner, because, rightfully so, as you say, when you were in Bayfront Park, you had a wall, and that wall, you know -- basically, all the sound was going into that wall. Here, it dissipates based on a mathematical formula -- science -- that will tell you, you will have nothing more than ambient urban sound when you reach those waters. Commissioner Carollo: Well, with all respect to those experts that you have on sound -- Mr. De Grandy: Sure. Commissioner Carollo: -- I could bring to you my Chief of Staff that ran one of those boats during the Vietnam War in the Mekong Delta, and he'll tell you how sound travel in the years that he was there through the water. And from my own experience in the Amazon and other rivers in Latin America, I know how sound Kool-Aid I'm not going to drink. But going back on the financial side, is there anything that the Administration can tell me on why you cannot stay firm on $2 million up to 50,000, and then if it goes up to 50, then we'll make more? Commissioner Reyes: Commissioner, if I may? I understand what you're saying, that -- or it should be done. I agree that if the concern -- your con -- Ultra concern is the amount of tickets that they're going to sell, because this is a brand-new venue, which I don't agree that it's going to be such a great difference, because according to the same speeches that I've heard, Ultra is Ultra. It's very well known, and it's (UNINTELLIGIBLE) sales, I don't think that it's going to diminish the amount of people that are going to come here, because it just change from one place to the other, Bayfront Park. As a matter of fact, that if you start sending the pictures -- the views of -- from the new venue towards the City of Miami Beach, and all the areas is prettier than the views that you're going -- you have in Bayfront Park. But if that is the concern that you have, is the amount of tickets that you're going to sell, well, I agree with -- Commissioner Carollo said that we can enter into an agreement that, depending on the amount of sales, that is a minimum, and then it will scale according to the -- if you agree with it. City of Miami Page 76 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: Well, the scale should be 2 million on 50,000 average per day. You got three days; that will be 150,000. Anything over that, the City should get more money. Anything under, if he's predicting that they're going to do so bad, then you could do a scale to go lower. But there has to be a cap that it won't go below a certain amount, and that cap should not be 1-4 -- Mr. Rotenberg: Sir -- Commissioner Carollo: -- like they're proposing. Mr. Rotenberg: -- if I may? We do have the language in there, and we can put the $50,000 in there, and we could have a higher base. Commissioner Carollo: For the 50,000 people. Commissioner Reyes: 50,000. Mr. Rotenberg: The tickets -- we could have that as a threshold. Commissioner Carollo: And now you're bringing me from 1.4 to 50,000. Come on. Mr. Rotenberg: 50,000 tickets. Commissioner Reyes: 50,000 tickets. Mr. Rotenberg: I said 50,000 tickets per day, I'm sorry. Commissioner Carollo: That 50,000 might have been for something else, but -- Mr. Rotenberg: So we do have the language in there. It's up to Ultra as to what that base is. The base right now -- the language is in there to effectuate what you're saying. Commissioner Carollo: Look, what bothers me is that, Commissioners, we shouldn't be the ones that -- Commissioner Reyes: Yep. Commissioner Carollo: -- need to show the Administration how to negotiate like this. I mean, I have no problem. I've negotiated with the likes of Donald Trump and many more, and, you know, I'll do fine. And I think we've had that experience already. But we have professionals that we pay, and I know what happened here. You know, I'm not blind. I'm not a fool. I'm trying to not overly embarrass people, but I'm trying to point out what we cannot allow any longer; otherwise, we're going situation. If your clients don't want to come to the table with the amounts that I'm talking about, I'm out of the dance party. And if you have the other votes here, good luck, but I'm not dancing with you on this one, if that's the case. And again, the statements that I made on the concerns of noise reaching Fisher Isle or, even more so, our own residents at Brickell Avenue, even though Fisher Isle is -- we have a responsibility -- everybody; resident or not of the City of Miami -- we have an obligation not to enter into multi-year contracts, unless we know the outcome of the first go around. Last but not least, I haven't seen any renderings of what is the area that we're really going to need to go to. Why do we have to go beyond the Marine ngroves there. They might only have a couple of feet of water -- in some case, one foot -- but if somebody is so City of Miami Page 77 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 happy and, you know, fun with all that medical marijuana and beyond, you could drown in a foot of water if you go down. And I really would like to see where is this all going to. How far to the ecological area are we going to? Mr. Rotenberg: So we're stopping before the Bill Sadowski Park. This is on Miami's Marine Stadium, and it's on Historic Virginia Key Beach, where they usually have their shows. Commissioner Carollo: Do you have any kind of rendering that we could see here? Commissioner Reyes: That's right. Mr. Rotenberg: What we have is the exhibits to the actual agreement. Commissioner Reyes: The agreement has a -- Commissioner Carollo: Thank you. Do you have anything that you could put it up for everybody to see, if it's possible? And do we know how many acres we have in this area here by the Marine Stadium? Mr. Rotenberg: Our space is a little over 750,000 square feet over there. Commissioner Carollo: A little over 750,000, so that's about 16 acres, more or less? Mr. Rotenberg: Yeah. Commissioner Carollo: What does it come to, exactly? Mr. Rotenberg: 17.2. Commissioner Carollo: 7.2? Mr. Rotenberg: You have about 17 acres over there. Commissioner Carollo: Okay, 17 acres. Okay. So that's almost as much land, but actually, more useable land than they have at Bayfront Park. I don't know why they can't keep it all there and have less of an impact. In Bayfront Park, they got a little more land, but you got a lot of things in between that are not useable, so once you start deducting all that, they're probably down to 17 acres or less. Rey? Rey, do you have any thought on that? Mr. Martinez: Yeah, Bayfront Park actually has more than just Marine Stadium that we are able to access. Remember, we also closed part of Biscayne Boulevard and Park. Commissioner Carollo: Yeah, but the medians in Biscayne Boulevard is for parking. That's not -- Commissioner Reyes: That's right. Commissioner Carollo: -- for you to (UNINTELLIGIBLE). Mr. Martinez: No. We use the medians, actually, as our entry queue. That's where the fans come in, and that's where we do the ID (identification) screening and the back- festival. City of Miami Page 78 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: Are you fencing Marine Stadium? Mr. Martinez: I'm sorry? Commissioner Reyes: Are you fencing out Marine Stadium? Because Marine Stadium is -- I mean, it's a condemned structure. Mr. Martinez: Just to the curb line, not beyond -- not into the street. We are not taking any lanes of traffic. Commissioner Reyes: But it's going to be fenced off.? Mr. Martinez: Yes. Mr. De Grandy: Yeah, the Marine Stadium -- Commissioner Reyes: It's going to be -- Mr. De Grandy: -- will be fenced off. Mr. Martinez: Yes. Commissioner Reyes: -- fenced off. Commissioner Carollo: Is there any possibility that we could put this up there so that we could go over it? Because I'm -- up the computer, so you can see it. Commissioner Carollo: Yeah. I'm not -- move from one place to the other. That's not an easy thing to do over there. I'm very familiar with that area. Mr. Rotenberg: I can't speak for their setup when you're talking about one flat area that's all concrete. And I would imagine that having a stage right next to another stage for them is going to be difficult, and I don't think they can put on a show the same way they do at Bayfront -- Commissioner Carollo: Listen -- Mr. Rotenberg: -- on the same amount of land. Commissioner Carollo: -- this is 17 acres that's in a straight line. Mr. Rotenberg: Correct. Commissioner Carollo: This is better for them than Bayfront Park, so they could keep stages away from being on top of each other. Mr. Rotenberg: I don't know how they do the setup, like I said, but if they're going to be one on top of each other, I could see the sound bleeding into all the other stages. Commissioner Carollo: Yeah, but I'm saying that I don't see that happening there. I forgot how many main stages they had there this year. Was it three, Rey? Mr. Martinez: Sorry, Commissioner; what was the question? City of Miami Page 79 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: How many of the big stages did you have this year, three? Mr. Martinez: In Bayfront Park -- Commissioner Carollo: Yeah. Mr. Martinez: -- we have a total of eight stages. Commissioner Carollo: Eight. But three big ones, right? Commissioner Gort: They're going to have three here. Mr. Martinez: It's really four or five larger stadiums -- or stages. Ray Steinman: Hi, Commissioners: I'm Ray Steinman. I'm the Production Director for the event. Bayfront Park -- Commissioner Carollo: What -- I'm sorry. What kind of director are you? Mr. Steinman: I'm the Production Director -- Commissioner Carollo: Okay. Thank you. Mr. Steinman: -- for the event; have been since 2007. The Bayfront Park site gives about 32 acres of useful land. I don't know if anybody here knows this, but the area in front of the amphitheater used to be -- wasn't always flat. We spent the money to flatten it out so we could use that for one of our stages. So you could effectively fit eight stages in the Bayfront Park site. At the Marine site, we can squeeze in four. We do not have the same capacity at the -- even though it's flat and easier to use, but what you said was true; you can't put a stage next to a stage. You still have to spread everything out, so. Commissioner Carollo: Okay. Now, how do you connect from the Marine Stadium asphalted area to the other part where you enter to go to our beaches? How are you going to connect there? Mr. Steinman: There is enough space outside the Marine Stadium site -- there's a bike path and a walking path from one site to the other. Commissioner Carollo: Okay. You're saying outside into -- In other words, even before you get in -- outside that site? Mr. Steinman: Correct. From the end of the road until you get to the -- into the venue, there is space. So -- Commissioner Carollo: Yeah, there's a wide area there. Mr. Steinman: Right. So -- Commissioner Carollo: Some are -- Mr. Steinman: -- our -- Commissioner Carollo: -- and depending on what time of the season, they're wet and marshy areas. City of Miami Page 80 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. Steinman: We've walked it quite extensively, and it's -- there's a nice paved bike path that goes the entire distance, from one venue to the next. Commissioner Carollo: Okay. Is the bike path that you're talking about, the paved area, close to the road or close to the fence? Mr. Steinman: It varies along the way. Commissioner Carollo: So through some of it, you'll be -- people will be walking close to the road? Mr. Steinman: But we will be using our race fence to separate people from getting into the road. Commissioner Carollo: Okay. That's another big concern there. Mr. Steinman: Understood. Commissioner Carollo: I don't know how you guys are all going to do that, because that's a -- it's quite a walk from there all the way to the other side. It's not a small trek. People are going to, you know, walk quite a bit to get to the other side. Mr. Steinman: Understood. And that's, you know, kind of why we were explaining that our infrastructure costs are substantially higher to move the show. Commissioner Carollo: Well, I heard the counselor say, maybe as much as 800, maybe, but you're -- Mr. Steinman: I could tell you a hundred percent, it's way more expensive. Commissioner Carollo: Well -- Mr. De Grandy: 800 is the transportation component, Commissioner. Commissioner Carollo: Excuse me? Mr. De Grandy: I'm sorry. 800,000 I mentioned as a transportation component -- Commissioner Carollo: Well, I think you -- Mr. De Grandy: -- and you have the infrastructure component. Commissioner Carollo: -- mentioned it overall. Transportation, where are you going to spend 800,000 in transportation? Mr. Steinman: I'm not discussing the Transportation Plan. I'm talking about the site itself. Commissioner Carollo: Yeah. Well, counselor, where are you spending 800,000 in transportation? Mr. De Grandy: That's right now what we're estimating. Rey can address that for you. Commissioner Carollo: Okay. City of Miami Page 81 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. Martinez: Commissioner, I'm taking these numbers, and actually, it will be much higher than 800,000. When you talk about contracting buses, a typical academy bus, which is the big buses that we see, hold 54 passengers. So if you extrapolate that with 50,000, you would need a thousand bus trips. So there's a large infrastructure that needs to be secured for buses, for water taxis -- Commissioner Carollo: Yeah, you guys -- Mr. Martinez: -- as well as parking garages in downtown Miami. Commissioner Carollo: -- are starting to convince me that maybe you need to bring it somewhere else. You're going to lose money here then, from what you're telling me. You guys keep throwing millions at me in expenses. Look, how come --? The marine affairs that we have there, they bring in people through Bayfront Park through the water taxis. They don't spend that kind of money. Mr. Martinez: Yes, they do. George Navarro advised me, he spends $1.1 million on bus transportation, parking garages, water taxis -- Commissioner Carollo: Well, I'm talking water taxis. I don't see that happening. Mr. Martinez: I'm talking about combined. You have to look at the whole Transportation Plan as a whole. Commissioner Carollo: Let me -- Commissioner Reyes: (UNINTELLIGIBLE) budget. Commissioner Carollo: -- the kind of people that you bring there that I saw there, I'm sorry; I'm not buying the Kool-Aid on all those buses that you need there also, but you know. Vice Chair Russell: Commissioner, can you yield to Commissioner Gort? Commissioner Gort: Let me ask you a question. Commissioner Carollo: Yeah. Commissioner Gort: How many people you expect in a day? Because I hear anywhere from 126,000 to a hundred and some thousand to 25,000, 15,000. What is the -- now they mentioned 50,000. Commissioner Gort: Okay. I'm hearing anywhere of the individuals going to this concert, anywhere from 126,000 to 50,000, and you said it was down to 15. He mentioned 50. Mr. De Grandy: No. Let me clarify. Commissioner Gort: Yeah. Mr. De Grandy: We're talking about maybe 15 in the Key Biscayne -- in the Virginia Key side. The total capacity of both venues is 60,000 people. What you had heard this morning was people saying a 165 people -- thousand people are going to come. That's not the case. City of Miami Page 82 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: Three days -- Mr. De Grandy: And so -- Commissioner Reyes: Three days. Commissioner Carollo: -- combined. Commissioner Reyes: Multiply by three. Mr. De Grandy: The maximum capacity per day is 60,000 people. Commissioner Gort: 60? Mr. De Grandy: Yeah. Commissioner Gort: Six zero. Mr. De Grandy: And we don't know whether that's going to materialize in a new venue. That was my point, Commissioner. The 15,000 also was the Virginia Key site, as opposed to the total venue. Commissioner Carollo: Well, look, they're going to advertise it as Fantasy Island, and they'll get the 60,000. Commissioner Reyes: Is there any way that we can get a breakdown of costs on projected revenues and all that? Because I have not -- here is throwing numbers, you see. Commissioner Carollo: Well, we are, but you know what I'm seeing in the numbers that we're throwing here, Commissioner? That they were crying the last time they were here that they can afford the 2 million; they have so many expenses, but now with all the money that they claim that they're going to have to spend here, that means that they were okay on paying the 2 million before, and they could have paid more before. Commissioner Reyes: Well, I'm not going to go that far, but I'm going to say this -- is this -- Commissioner Carollo: Where do I believe him? I believe them before, or do I believe them now? Commissioner Reyes: Well, I -- they were willing to pay $2 million before. Commissioner Carollo: Yeah. Commissioner Reyes: But also, we have to take into consideration -- and I'm not offending anybody, but that's why I want a budget, because that's the only way that we compare is that we have a budget of what you were spending before and what we're spending now. Commissioner Carollo: Yeah, but you know -- Commissioner Reyes: And then we will be comparing apples and apples, you see, Mr. Martinez: Yes, sir. City of Miami Page 83 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: And then, well -- because you will need additional buses and all of that. If -- okay. Those are estimates that you have, but I -- you see, I was a budget analyst, and I'm an economist; I like to see the numbers, you see; see a budget and see the numbers in order to make a comparison. Vice Chair Russell: Mr. Rey, what's the average ticket price? Mr. Martinez: Average ticket price -- Commissioner Reyes: Average ticket price. Vice Chair Russell: Average ticket price. Mr. Martinez: The ticket prices are -- they're scaled. Our early sales, I believe, are at 295, and they go up incrementally from there. It caps out at 390. And then, when you add all the surcharges and fees and taxes that go onto that, it comes out to about $500, I think, is the price of the ticket, give or take -- Vice Chair Russell: If there's -- Mr. Martinez: -- for three days, all three days. Vice Chair Russell: -- 60,000 people per day, by three days, at 180,000 people at $500 apiece, that's $90 million. Mr. Martinez: No. It's -- the ticket price is for all three days. We only sell the -- Vice Chair Russell: Oh, okay. Mr. Martinez: -- three-day ticket. Vice Chair Russell: And it's the same people that come all three days. That's 60,000 per day. It's not 180,000. Mr. Martinez: Well, some people may pass their ticket on to a friend or a relative to go one day, you know. Usually, we have seen that, but for the most part, you buy a ticket, and that ticket is for all three days. Vice Chair Russell: But even if -- okay. So even if it was 60,000 tickets at 500 apiece, we're talking about $30 million, potentially? Mr. Martinez: Now, remember, Commissioner, if I could, a big portion of that is sales tax, fees, surcharges that come back to the City. Vice Chair Russell: Oh, okay. So even it was, say, around 300 -- Mr. Martinez: Right. Vice Chair Russell: I was just trying to help with the budgeting. You were asking what their revenues might be. And even at $300 a ticket, it could be around $18 million -- Commissioner Reyes: Yes. Vice Chair Russell: -- let's say; something like that. City of Miami Page 84 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: Yeah, but -- Commissioner Carollo: That doesn Commissioner Reyes: That is right. Mr. Martinez: Correct. Commissioner Reyes: That's -- but I -- Commissioner Reyes: Yeah. Mr. Rotenberg: So we have in our agreement here right now, under the use fee, we have language in here, and we give an example right now where we had the base -- let me just get to it -- at about 1-4. If we -- and we also have an example here at 1-7. So if we go ahead and put the base at 1-7, have the ticket surcharges, leave it at 40 or 50,000; if it exceeds that number of 40,000 or 50,000 during the first year, we might get to that $2 million number if we put a base in there at 1-7 and have the ticket surcharge. Commissioner Reyes: Yeah. Mr. Rotenberg: The lesser of the 1-7, plus whatever tickets they do above 40,000 per day -- Commissioner Reyes: 1-7 -- Mr. Rotenberg: -- that might get us to the 2. Commissioner Reyes: -- that's not bad; 1-7, 1.7 as a base. Mr. Rotenberg: As the base. Commissioner Reyes: And then additional ticket over 40,000. Mr. Rotenberg: Over 40,000; roughly works out to be about 5 percent. Commissioner Reyes: And what will be the -- what -- increase to how much? Mr. Rotenberg: We might end up over 2. Commissioner Reyes: Huh? Mr. Rotenberg: Depend -- on the ticket sales, if it's a 5 percent average, we might end up at a little over 2. I mean, that would be a solution to this right now. Commissioner Carollo: You know what I'd like to begin with seeing, because -- Vice Chair Russell: Is your mike on? Commissioner Carollo: Oh. No, it's not. Thank you. The -- when you enter into negotiations, the one that writes the contract is the guy that's in the driver's seat. We're in the driver's seat; they're not. But from what I'm seeing here is they wrote this contract; we certainly didn't. So -- and we really don't know -- they could throw us all kinds of numbers. Just from what I heard the last time they were here to what City of Miami Page 85 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 I'm hearing now, there's a discrepancy that they were either wrong in what they said to us before and what they were making, or we're getting a different story now, but they don't jive. You know, two plus two is not four. And we're never going to be able to see real books, because they're not government. Let's see, even before we go in the dollars, this whole map here, because truly, we haven't even started in seeing how much land they're going to use. They're telling us that, well, they have all these more expenses. Well, I'm telling them, you're using up a heck of a lot more land like to see how many acres are they going to be using. The -- Bayfront Park is approximately 31 acres, even though I'm going to tell you that a big chunk of it was not useable for them. I know Bayfront Park. I want to see how many acres they're going to use here and how much of those acres are going to be sensitive areas. I want to make sure that we don't end up with people dead there by the time this is all over. Commissioner Reyes: Yep. Mr. Rotenberg: Understood. And we have as the exhibits areas that they are not allowed to go inside the agreement that have to be policed, so there's no people accidentally falling in there or drinking their way onto those areas. They're not just off limits; they're protected, and it'll have turbidity walls and gates up. Commissioner Carollo: In a huge area like this -- Look, we have a thousand acres, approximately, in Virginia Key. It would be next to impossible, unless you bring a small army, to patrol that the way they're able to patrol Bayfront Park and contain you run us through the areas that they're going to use? I want to see how that connection that they're telling us is going to work out, and I'd like to get an approximate of how many acres they're going to end up using. Mr. Rotenberg: Up on the map over here, you can see -- Commissioner Carollo: Okay. Mr. Rotenberg: Move this. Commissioner Carollo: We're starting on what page on the map? Mr. Rotenberg: We're starting on Exhibit A-1 -- Commissioner Carollo: Which is -- Mr. Rotenberg: -- which is -- Commissioner Carollo: Okay. Mr. Rotenberg: -- that's Miami Marine Stadium. Commissioner Carollo: Exhibit A-1, okay. I got a different one that I'm looking at, though, on the screen. absolutely right. Vice Chair Russell: If you open the -- Mr. Rotenberg: I opened up on the computer the entire area that we have under our geomap. City of Miami Page 86 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: Well, the screens that we have here, can somebody fix them so that we could have the same things going up there? Commissioner Reyes: It's not focused. Vice Chair Russell: I have the same thing, but it's not what you have in your backup. That's what you're looking for, right? Commissioner Carollo: Yeah. Well, it's not there. Vice Chair Russell: If you go to the legislation -- Mr. Rotenberg, if you go to the -- you can click on the backup item; that'll show the exact map that Commissioner Carollo's talking about. Commissioner Carollo: Okay. It's more or less focused now, okay. Commissioner Gort: Right here. Commissioner Carollo: Thank you. Mr. Rotenberg: So what you're seeing, that's Marine Stadium Marina. That's the stadium over there. That's about the 800,000 square feet. You're going to be delineated a little to the left to where that red line is, where the Rowing Club is -- Commissioner Carollo: Right. Mr. Rotenberg: -- that's where they're going to have 75 percent of the show. The walkway, which is paved in front of Marine Stadium, will continue past MAST -- Commissioner Carollo: Okay. Mr. Rotenberg: -- across Arthur J. Lamb Road. Commissioner Carollo: So that's what I wanted to see. What I was being told was differently. What I was being told, they were going in the outside on the walk. They're actually connecting in front of the Rowing Club through the side. Mr. Rotenberg: Again, they're walking in front of MAST. Vice Chair Russell: No. That red dotted line does not imply anything. That's the City border, correct? That's the border of the City of Miami, that red dotted line. walkway -- Commissioner Carollo: Right. Mr. Rotenberg: -- in front. You can't really make it out over here, because I don't think this picture was taken when it was already -- when we paved it. It's a walkway in front of Marine Stadium. It would go past MAST, cross Arthur J. Lamb Road; and then, if you see where I'm pulling up right now, that's the entrance to Virginia Key Beach Historic Park. And if you look at the attachments -- Commissioner Carollo: So we're going to -- way to the Virginia Beach, the old historic beach? Mr. Rotenberg: Correct. City of Miami Page 87 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: So we're bypassing the main drag that goes to the other beaches? Mr. Rotenberg: Correct. Mr. Rotenberg: Correct. That'll be -- Commissioner Carollo: Okay. Mr. Rotenberg: -- closed off. That's not going to be used for any part of the show, expect for parking and stadium. Commissioner Carollo: That's a heck of a trek. Mr. Rotenberg: Yes. Commissioner Carollo: A heck of a trek. Mr. Rotenberg: So then we're going to walk up Virginia Key Beach -- where it says Virginia Beach Drive, that's Historic Virginia Key Beach Park. Commissioner Carollo: In fact, it's got to be at least half a mile walk. Mr. Rotenberg: Okay. Commissioner Reyes: That is the walk between one station and the other one, of the other station? Mr. Rotenberg: Between 75 percent of the show and 25 percent of the show. And if I'm not mistaken -- I don't want to speak for the event organizers -- but different stages attract different crowds. A lot of people tend to stay at their stations. Commissioner Reyes: And tickets are for all stages? Mr. Steinman: To further explain the walk between the two sites -- in most festivals in Europe. A lot of festivals have a lot of land, and people do a lot of walking at those events as well, because they're just -- stages are far apart from each other, and that's what we're trying to create here. Chair Hardemon: They also walk a lot on college campuses. You ever been to a dorm room on a college campus and tried to go to class? And if you're on the highest of seven hills, you might have an even greater problem. Now, I want to make sure that we are where we are. So I'm not necessarily interested in how you decide to organize your space, because that's going to be a business decision that you need to make. What I am most concerned about is really start to -- if there are other things that we need to discuss in order to either pass this or deny this. Commissioner Carollo: Yeah. Chair Hardemon: And so -- Commissioner Carollo: But this is important, because this goes into the final ingredients that we're putting here, and particularly, financial ones. I'm trying to see -- see, I -- this is the first time that I find out that we're going to the historic City of Miami Page 88 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 beach. I thought we were going the other way. And this is why it's very important that we see this. Where is it going? And I'd like to see how many acres are we giving. And is all this money going to the City of Miami? Are we giving anything to the Trust? I mean, I don't know what the deals are. Chair Hardemon: Certainly, one of the things that I wanted to propose on the dais, and I wanted to have an opportunity to discuss with my colleagues, is the opportunity to try to put a greater number of dollars into the Virginia Key Beach Trust. Why? The question is why? Why would we do that? I believe that it is the responsibility that we have to the citizenry of the City of Miami and Miami-Dade County to help in producing the museum that's slated to go there. As I understand, one of the reasons why this -- the museum has not been built, and probably the primary reason, is because they have not -- "they," meaning the Virginia Key Beach Trust -- been able to identify the revenue source that would be recurring enough to give them the ability to operate that facility. And so, Miami-Dade County has neglected to start construction on that building. Now, that's unlike the Adrienne Arsht Center. That is unlike other facilities that we have in the City of Miami where not only was there a deficit in the building of it, but there was a deficit in the actual running of the facility. So -- Commissioner Carollo: Well -- Chair Hardemon: -- I can imagine why it's different here than it is there. Commissioner Carollo: Disagree. year, let's (UNINTELLIGIBLE) Miami- we have these events that will continue to come that can fund the staffing of this facility, so that sometime in the City's -- Miami's history, before they're all moved out of the City of Miami, black folk have an opportunity to see themselves in a positive light, in a very special place, in the City of Miami. That was my thought. Now, how much we decide to do that with -- and we can decide that -- that's not something that I was considering doing for multiple years. It was just something in the first year. Because I truly believe that with this event being moved away from Bayfront Park, it gives us a unique opportunity, a unique time in history to make good on something where we don't have necessarily in the City of Miami the resources to readily allocate to. And so, the organization thought that that goal was something that they were willing to participate with. However, of course, the money that we end up paying -- that we accept for the Marine Stadium is the money that comes to the City of Miami, and because of that, we can decide at this level what we decide to do with it. And I thought that it will be a great gesture to the Virginia Key Beach Trust to make that money available to them, and really put a -- I think a cap on what happened when you were Mayor; when you decided that this was an opportunity for the people to be respected in this space, and to really bring some respect to this space. We know -- and we talk about Virginia Key Beach and what it meant to African Americans during the time, but we must not forget that it was always a second-class space. It was a space that people did not enjoy going in the water in. It was a space that there was trash and things just around the bend. It is a space that is not like any other beach, but it was all that we had in the black community, so we respected it and we paid it homage. Now, today, that everyone is so interested in this space, we need to ensure that the space remains a home for visitors all over Miami-Dade County to come visit in the City of Miami so that they have that experience and remember what it used to be for. Commissioner Carollo: How much -- City of Miami Page 89 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Vice Chair Russell: Mr. Chairman? Commissioner Carollo: -- of a deficit do we have in Virginia Beach Trust? Is it about 300,000 or so? Mr. Rotenberg: It's about 300. And what we had been discussing with the historic beach was, we were going to come to an agreement to disproportionately move whatever this is going to generate to their coffers. So instead of -- if we're doing 75/25, we were looking at doing maybe 60/40, or some other type of a figure where they would get enough to cover them going forward. Commissioner Carollo: Well, I think that if this will be approved that what we should look at is covering the deficit first. Commissioner Reyes: Yep. Commissioner Carollo: And -- Chair Hardemon: W describing --? -- Commissioner Carollo: Well, we have to give them each year 300,000 that they're short on. That's what I'm talking; that there's a deficit. Chair Hardemon: Right. Commissioner Carollo: And -- Chair Hardemon: That's what we just passed. Commissioner Carollo: Yeah. Mr. Rotenberg: So, if they were at 600, we were going to give them 350, let's say, or somewhere in the (UNINTE the point that they could continue forward. Chair Hardemon: Now, any amount of money -- and I'm going to call on the Vice Chairman, because I'll give him an opportunity to speak -- but any amount of money above -- what is it, $250,000? -- that must go to the Transportation Trust Fund? What is that -- what is the triggering amount of dollars that we get a check for that must go to the Transportation -- And I say that because I know that -- Mayor Francis Suarez: That's for sale of property or for one-time sales. -- Vice Chair Russell: Revenue. Chair Hardemon: -- receipt of dollars? Mayor Suarez: I'm pretty certain, but we can have that checked, but I'm pretty certain it's -- Chair Hardemon: All right. Let's have the City Attorney look in (UNINTELLIGIBLE). City of Miami Page 90 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mayor Suarez: -- for one -- Ms. Méndez: And if not -- I believe it's the sales; however, if the Commission designates -- Chair Hardemon: So we can waive it; I know that. Ms. Méndez: Right. Okay. Chair Hardemon: I just want to make -- Mayor Suarez: Right. Chair Hardemon: -- sure that we do that, if necessary. Mayor Suarez: By the way, I just want to clarify one thing on the record; that none of the committees that I'm associated with receive any money from Ultra in this electoral season. So I just wanted to clarify that for the record. Thanks. Chair Hardemon: Okay. So that's what my goal is. Now, I know that the City of Miami is in need of dollars -- Commissioner Reyes: Yes. Chair Hardemon: -- and Commissioner Carollo has been clear about that since the day he's taken his seat here, and has dedicated himself to find resources in order for us to meet our debt obligations in the future. But there are some times, I believe, that you do go into the cookie jar to enjoy a cookie. Sometimes you do need to see your children smile, right? And I believe that this Trust, now that's -- it's been enlightened right now because of this discussion -- this is the opportunity that we give them a chance to smile, to have some relief, and not necessarily depend on us carrying over these deficits from year to year. Just give them a little bit of space in order to thrive. Commissioner Carollo: What I would suggest -- Chair Hardemon: And that's what I (UNINTELLIGIBLE). Commissioner Carollo: -- that we assign out of the -- what I hope would be the $2 million or more, the 300,000 -- whatever the actual amount is that we put into the Trust that they get that automatically, so they're even moving forward into the future, and then we could come back, see what the County does, and see what additional help that we need. Chair Hardemon: But the problem is that I don't have any faith in the County. I haven't -- I don't have any faith in the County to do what's right for the people in the City of Miami, right? So what I found is that either -- if it's in the County, if it's in the State, or if it's in the hands of Federal representatives that represent my community, that the door that gets knocked on the most is in the City, and they expect the people in the City -- because I think we've been responsive -- Commissioner Carollo: That's a fact. Chair Hardemon: -- to do what's best for these neighborhoods. Now, I believe that - - the way that I see this money working for us would be that it -- they wouldn't be spending it now; it would be basically put away, so when the building is built that they have the initial funds to fund it for however many years moving forward, and City of Miami Page 91 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 they're going to have to be prudent with their dollars in order to make it work, but we should give them what they need in order to (UNINTELLIGIBLE). Commissioner Reyes: What -- excuse me -- you're suggesting is that all the proceeds from this rent should go to the museum? Mayor Suarez: No. Commissioner Reyes: Or that a portion of it -- Mayor Suarez: No, no. Commissioner Reyes: -- I mean, because we haven't started -- we haven't decided yet, you see, how much we're going to receive. Chair Hardemon: Right. Commissioner Reyes: But I -- Chair Hardemon: And that's what -- tha (UNINTELLIGIBLE). you're saying, Mr. Chairman, I want to understand -- Chair Hardemon: I want to -- Commissioner Reyes: -- g to divide this. Chair Hardemon: Right. So I would like to see a percentage -- Commissioner Reyes: Oh, okay. Chair Hardemon: -- at least a percentage of the revenue that we're going to collect, because the City of Miami -- because the Marine Stadium is the largest site. That's the largest footprint. And so, therefore, arguably, they're going to get the largest amount of income from renting the space. And so, what I'm saying is that a percentage of that income, if not -- percentage of it -- because that's why we're here; we're talking -- to go towards the future cost of running the facility that's going to be built. What we expect is that Miami-Dade County is to release those funds to get them to be able to build what they need to build if Commissioner Reyes: We will maintain it. Chair Hardemon: Right. Commissioner Reyes: That's right. Chair Hardemon: Right. So -- Commissioner Reyes: What you're talking about is maintenance. Chair Hardemon: And I want to recognize the Vice Chairman first. Vice Chair Russell: Thank you. The Virginia Key Beach Park Trust -- and the Chairman brought up something that I think is very poignant. Many people had City of Miami Page 92 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 never heard of them before, until this discussion. And if anything is beautiful about this argument or fight that we're having right now is that they are front and center, and I really believe they should be, in a sense, driving this train, because if Ultra gets saved, it's because of the Virginia Key Beach Park Trust. Chair Hardemon: Absolutely. Vice Chair Russell: They would not have been able to run the event on the flex park only; I understand that. There are -- only four of the eight stages could fit there. They needed the cooperation of the Trust, and I know that they've reached out to members of the Trust and their -- but that Trust has not actually convened a board meeting to weigh in. And I would have hoped that they were more at the negotiating table, because I really believe they hold a lot of the cards here, but they haven't convened as a board. And it's not about doing a gesture for them. This is what they deserve if the venue is taking place -- if the event is taking place on their venue. So it's not about what do we want to give them or what do we want to partition. It's about what is deserved from the event happening there, what -- whether it's a percentage of the people that attend on that part of the site or the percentage of the square footage. There is a number there. And there's -- we're also looking at a -- trying to fill a gap that they have. This is in my district, and if any of you have not been to the Trust, you absolutely have to go. It's a shame that we don't have public transportation out there, which is something we should talk about, because for the kids of -- throughout the City and from all districts to be able to access this beach, which was once the set-aside beach -- 90 percent of the waterfront of this City is in my district. This is the only white sand, blue water beach that we have. This is the most beautiful gem that we have, and it has a merry-go-round for kids on the beach. It has a train you can ride through a tunnel on the beach. The amenities here are amazing, but what's more amazing is how this board has scraped together, without enough help from the City, to tell this story and make this happen. And the County has withheld the bond dollars -- 19, $20 million -- that had been just sitting there, -- And so, they just waiting for us, or whoever, to step up and fill that gap. They haven't even been able to run their own facilities well enough without us helping each year and pitching in, and the only way they have been able to is to run events, and their board doesn't want to run events. They want to keep their park open. They want to tell their story. They want people to understand the African American experience in Miami, which is an amazing story that people don't know. They don't know about this beach; we haven't treated it well. It's been a fight to pull the dollars out that they're even getting now. So absolutely, should we be covering the amount that we're taking from? Yes. Beyond that, it's about the percentage that this is used. So let's say Commissioner Carollo is a hard $2 million on this, and the rest of this Commission agrees, and let's say Ultra agrees. Let's say 40 percent of the event, more or less, people-wise or square footage, is happening out there, and 40 percent is sent over there. That would include about 7, $800,000 year. That would be the $500,000 nut that the County is requiring for them to cover every year for maintenance and upkeep of the museum, and it would also count the additional $300,000 that the City has been putting in above and beyond what they've been able to make from events. The -- Commissioner Reyes: Question: Where the money that $300,000 comes from; general fund? Mayor Suarez: Yeah. Vice Chair Russell: Currently, yes. Mayor Suarez: Yes. City of Miami Page 93 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: Okay, that -- so the general fund is going to be replenished? Vice Chair Russell: It would -- yes, it would shift -- Commissioner Reyes: It would shift -- Vice Chair Russell: -- it -- Commissioner Reyes: -- from general fund. Okay. Vice Chair Russell: -- so they would receive 40 percent -- Commissioner Reyes: That's what I wanted to know. Vice Chair Russell: The other 60 percent remaining of that 2 million a year could be divvied up -- let's say, half of that, 30 percent, goes -- stays on Virginia Key and goes toward the fulfillment of the Master Plan, whatever element that is; whether it's the -- and the other 30 a thought, but at the very least, the Trust should be the first stop, not the last stop. Commissioner Reyes: Yeah. Chair Hardemon: So I -- Commissioner Gort. I'm sorry. Commissioner Gort: I've been listening very quiet \[sic\]. I think the -- we heard a lot of statements today; some of them very exaggerated. And I think, somehow, whatever we decide here, I think we need to sit down with the people from Key Biscayne, and I think we need to educate what are we doing here today. Commissioner Reyes: Yeah. Commissioner Gort: I think it's important, because I heard all kinds of -- 150 -- 126,000 people a day, then 50,000. We don't have that. I think, also, the environment; and I'm worried about the environment, too. You know, Lagoon; . Nobody ever speaks about the yachts that are anchored there. Where does the waste goes \[sic\] to? Goes right into the bay. I mean, you want to hurt your environment? We've been trying here to get rid of all those anchors that are there, because that's the worst thing there is for environment. We have the boats discharging in that water. So I think we need to work on all this. We need to work on -- I think this is -- could be a good idea. I think the Beach and the Trust needs that. They need the funding to do so, but I think we got to do it very careful. And the other thing is, Mr. Mayor and Administration, I heard -- I first saw this two weeks ago, when it came out in the draft agenda. I received the documents when I received the agenda, when I received all the other documents. Commissioner Reyes: I feel the same way. Commissioner Gort: I think that's something that we need to work on. Commissioner Carollo: I -- Commissioner Reyes: Yes, and I agree with you. Commissioner Carollo: -- agree, but -- City of Miami Page 94 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mayor Suarez: Mr. Chair? Commissioner Gort: My understanding is, you got to have everybody aboard to make sure -- because we have traffic problems, we got environmental problems, but we have to work as a team with everyone. Chair Hardemon: So let me say this to my board members: When this was at Bayfront Park, it was all about Ultra. And what I mean by that is that I made the statement on the record that there was not much that Ultra did to me that went beyond profit making. Right? There was no incentive for me to rally behind their cause. But I will tell you, I find no greater rallying call than to assist in this moment in helping the Virginia Key Beach Trust with their mission. We just passed a bond measure that gave a certain amount of dollars to parks. If we were serious about improving these spaces, for instance, that $20 million could be used at this park, but thankfully, we don't have to use it there, because the County already has it. And so, like -- I understand the -- there are times in which we've been very tough on those who want to have events or produce things within our community, because we know the potential of them and what value they could bring to the residents of the City of Miami. And what I mean by that is from -- not only from the production of the actual event, but also the dollars that we generate from having the event. And so, this is actually one of those events. When we moved it from Bayfront Park, inevitably, it had a negative effect on the brand. Now is the only opportunity that we have to keep it within the City of Miami. And not only are we doing that; I don't look to -- for instance, when we talk about the $2 million, Commissioner, and you talk about a four-fifths Revocable License Agreement, which means that the next time you could that is because what it's going to do and for the Virginia Key Beach Trust? Commissioner Carollo: I hear you. Chair Hardemon: And so, there are battles that we have even today -- Commissioner Carollo: Yeah. Chair Hardemon: -- that are going to be with issues that are within our communities; SAPs (special area plans) and all other types of things that will come. district. There are discussions that we're going to have that we may not get a second bite at the -- Commissioner Carollo: Yeah. Chair Hardemon: -- apple, but this is something that I know that we can revisit. And what's most important about it -- and the reason why I'm asking for your support on this item at this time in this moment is because I know that it's going to be remembered forever in the City of Miami, because when the shovels are in the dirt to build the first African-American museum in the City of Miami, and possibly, that construction is complete before the majority of us are finished here, and of course, the discussion -- the fact of the matter is that Commissioner Gort and Commissioner Carollo, you guys have been here from day one, and it will still be under your leadership that this would have been able to be completed. So to me, this is not about Ultra. Commissioner Carollo: Right. Chair Hardemon: Right? And even -- for instance, I asked Rapture to stay, because there's no -- I believe in fighting for the little person. Right? And I understand that City of Miami Page 95 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Rapture is an event that they utilize space similar to this at Bayfront Park during these moments and -- Vice Chair Russell: Virginia Key Beach Park. Chair Hardemon: At Virginia Key -- I'm sorry -- at Virginia Key Beach. And even with the few people that they had come speak, it resonates with me that they feel that they're being taken advantage of. But I will tell you that there is no people than these two people that I know of that have been taken advantage of more in this City than anyone: The red man and the black man. Unidentified Speaker: Yes, sir. Chair Hardemon: And so, what I'm saying is that we should do this for them, too, because the red man wanted to preserve these spaces, indoubtably \[sic\], before Miami downtown was built up. And the black man was put in these spaces and told, east, let's now do what we can the way that it is to move forward and assist those groups of people. You're recognized, sir. Commissioner Reyes: I hear you, and I do agree with you a hundred percent, and that if it is most benefit -- or the great benefit, it should come to the Trust, and because that museum is extremely important. Commissioner Gort: Chair? Commissioner Reyes: And if we can subsidize -- not subsidize -- we can obtain, you see, maintenance of the amount of money required -- because building is not everything. Once you build, you have to maintain it. Chair Hardemon: Yes. Commissioner Reyes: And if we commit funds towards maintenance, you see, for as long as that building is standing, and what we doing and we are securing the existence of that museum for the ages -- I mean, for many, many, many years. And I do agree that we have to really divide this pot, and make sure that the Trust and the museum, they're going to get their fair share. But I also want to try to get an agreement, you see, that would benefit the most -- I mean, if we decide there is 40 percent, 30 percent, whatever percentage is, you see -- the higher the agreement it is, Commissioner Carollo: Yes. Chair Hardemon: Yes. I'm behind you that whatever we get, that the Trust and the museum, they should get their fair share to make -- to assure that museum to be built and then that trust is going to be in place to administer and to protect that beach that I first find out that exist in -- when I first got there. As a matter of fact, it is a beautiful beach. Chair Hardemon: Yeah. Commissioner Reyes: It a beautiful beach; beautiful sand. You are absolutely right; it's the prettiest beach we have, but we have to do it, but let's negotiate and find the best deal that could offer the most for the Trust and for the City of Miami. Chair Hardemon: Commissioner Gort. City of Miami Page 96 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Gort: Yeah. One thing that we've talked about, the environment. And my understanding is, they have a plan that they're going to have to deal with the environment. I would like to see that, what takes place. They also talked about the traffic study; that they're working with the Chief of Police from Key Biscayne. I -- we created the advisory committee that we have. What do you call the advisory committee? Vice Chair Russell: Virginia Key Advisory Board. Commissioner Gort: Virginia Key. I think they should be a part of it. I think everybody should be involved in -- Commissioner Reyes: Yes. Commissioner Gort: -- the transaction. We all have to work as a team. I think we have the experience. If you recall, Key Biscayne was very upset about the boat show. My understanding, after we had the boat show -- I think it was very successful. We were able to take care of the traffic, we were able to take care of the individuals, and we worked as a team afterwards. And at one time, we were talking about the amount of events that we could have. And if I recall right, they were talking -- they -- we can even have two major events in that location, as long as we c-- I'd like to get all that from the Administration and from them before we make any other decisions. Chair Hardemon: So when it comes to the Administration, right now you -- there's been negotiated how much of a payment towards Virginia Key Beach Trust? What's the City of Miami for our facility. Joseph Napoli: Commissioner, Joe Napoli. I'm Deputy City Manager. And it was literally three weeks or less ago when we got involved in these negotiations. And when we first talked to Ultra, we decided that we would only have one entity, not both us and the Virginia Key Trust. The contract would only be the with the City of Miami. Chair Hardemon: Okay. Mr. Napoli: We did engage with the Virginia Key Trust. We took into consideration all of the items that they wanted us to include in the contract. We did not discuss -- we knew that there would be a percentage given to the Trust, but we deliberately did not agree to that with them, and we would leave that up to the Commission. Chair Hardemon: Okay. So -- Mr. Napoli: So right now, the 1.4 million comes to the City; and then whatever you decide, we will give to the Trust. Chair Hardemon: Okay. But there was a number -- and maybe you can help me -- that had been preconceived as a payment to Virginia Key Beach Trust; maybe before the City was involved. Mr. Napoli: It was before we were involved. Chair Hardemon: Right. What would that number have been; do you know? Mr. Napoli: I don't know. I'll try to get you an answer. City of Miami Page 97 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: I'll acknowledge him. Mr. Napoli: Yes, sir. Chair Hardemon: Please announce yourself for the record. Guy Forchion: Good evening. Thank you, Mr. Chairman. Guy Forchion, Virginia Key Beach Park Trust. We have had the opportunity -- and again, just to put on the record -- to do quite a bit of discussion with the Administration and relay at different times to different members of this Commission. The number that the Trust put forward to the City of Miami was $1.58 million. Chair Hardemon: That was the total amount? Mr. Forchion: That was the total amount. Whether or not that was a figure that looking at what was proffered in the agreement that the City then created with a $1.4 million floor or guarantee to that contract is one. And I under -- quite right -- Mr. Forchion: I can -- Commissioner Carollo: -- but -- Mr. Forchion: -- only speak to the -- Commissioner Carollo: Well -- Mr. Forchion: -- figure -- Commissioner Carollo: I understand, but -- Mr. Forchion: -- we presented to the City. Commissioner Carollo: I somehow had heard from somewhere that what the Trust had asked for was $3 million. Mr. Forchion: There is a desire for additional substantive -- Commissioner Carollo: Okay. Mr. Forchion: -- donation -- Commissioner Carollo: So what -- Mr. Forchion: -- that is outside of the four corners -- Commissioner Carollo: So what -- Mr. Forchion: -- of this agreement. Commissioner Carollo: -- I was told was correct. That's why you guys aren't in the negotiating table. Chair Hardemon: Okay. So let us figure this out, then. Thank you very much, Mr. Forchion. City of Miami Page 98 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. Forchion: Thank you. Commissioner Carollo: 3 million. Chair Hardemon: So right now on the table, there's $1.4 million, right? Mr. Napoli: That is correct, Commissioner. Chair Hardemon: And so, you know, I -- Mr. Napoli: Base. That's a base amount. Unidentified Speaker: Sir, that's a base estimate -- Chair Hardemon: Okay, as a base number. Mr. Napoli: That can escalate. Chair Hardemon: You know, I'm like the Mayor. Right? The Mayor likes to give away a million dollars at a time -- Mayor Suarez: Of course. Commissioner Carollo: Yeah. Mainly -- Chair Hardemon: -- especially in year one. You know, I think that's a nice seed offering, gesture to get things going, and it still brings in some dollars to the City of Miami, but also, it promises us dollars in the future. Now, it's going to have to come to some sort of understanding with the Virginia Key Beach Trust, especially in future years, what that payment will be to the Virginia Key Beach Trust, and I don't want to make that decision today, because we have time. Right? I don't want to make that decision today. But what I believe -- because what can end up happening, of course, is that our payments to the City -- if there's a total number, they -- of that total number, of course, the Virginia Key Beach Trust will get a smaller number, a smaller percentage than what we would get. Right? But -- Commissioner Reyes: May I make a suggestion? Chair Hardemon: -- on this first one, I want to give them a handsome sum that we make a statement in the City of Miami to Miami-Dade County that we're serious about representing and franchising the people that are there at Virginia Key Beach Trust. And so, the thought that I had -- the number that came to my mind was $1 million. Commissioner Carollo: Okay. Well, this is, I think, the number that the Trust had, and frankly, maybe we should have the Trust negotiate it for us, because they started asking for 3 million. I like that, you know. Maybe -- Chair Hardemon: But this is -- Commissioner Carollo: -- this is a guy that I need as City Manager right here. Chair Hardemon: Now -- but Commissioner Carollo -- -- now, this is what I will say, you know: When I first came to this dais, I did a lot of negotiating for sums of dollars to bring into my district, and that is one of the things that I'm proud of to be able to say that we've brought more dollars into the district under my administration than have been done in recent years. City of Miami Page 99 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: You have, and -- Chair Hardemon: But we've also bought \[sic\] money into all of our districts by way of what we've discussed. So when we've had antipoverty grants, et cetera, that's more money in all of our districts to make things better for all of our constituents. And so, I think that there are times when we do -- when we reach further, and there are times when we're a bit more reserved. And I think that this is one of those times that we may have to be a bit more reserved, because they have to come back -- right? -- and we can decide how we choose to do that. But second of all, we're going to have some opportunities where there are going to be people who could make billions of dollars by the stroke of our pen or by the bang of our gavel, and those are especially the people that need to be able to contribute to the people in the City of Miami. So I think that what happens here is that the way I described the benefit that's going to come to this space that foregoing an increase in that first year will have the effect of bringing down $20 million in Miami-Dade County and giving all of us an opportunity to build a special place in the City. Commissioner Carollo: The -- Chair Hardemon: And that's why I'm asking for your four-fifths support on this. Commissioner Carollo: -- and I'm hearing you. I'm listening to you. And I think you know that since I've been here -- have done, but since I've been here, anything that's been close and dear to you in representing your district, I have sided with you. Now, you said one thing that's -- I'm glad you're thinking this way; that it's not like what it was before -- that we have some time, because this needs to be done the right way for us to look at all components and put it together so that when it comes back here, we don't have to go through all these discussions. Chair Hardemon: Right. Commissioner Carollo: And I'm willing to sit with anyone and go through dollars. Now, these guys are going to cry, "poor." The Trust is right in asking for the 3 million. I pointed out the 2.6. Now they're coming bac you is that the monies they make from the tickets is chump change. Commissioner Reyes: Sponsors. Commissioner Carollo: The biggest money they're making is from sponsors -- Commissioner Reyes: Sponsors. Commissioner Carollo: -- live streaming, broadcasting rights, and more; otherwise, better location than even in Bayfront Park, because they could still shoot and get for TV (television) all of downtown Miami. In fact, it's going to look even better a little further away, and it's going to be their own island that they could advertise those at. So all the crying, the alligator tears that I'm hearing, you know, that's what it is. You know, they don't want to be pigs. They want to be hogs. And this is worth, frankly, the 3 million that the Trust was asking for originally, and that's why they were taken off the table. So the only thing that I'd like to do now, because that would help us reach the goals, that we could get a real good idea what percent of land is being used in the Trust side, what percent is being used on the marina side, how many acres altogether are these guys getting beyond the 32-acre park in Bayfront Park that they had before. City of Miami Page 100 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Now, is this to decide the percentage of funds that's going to the Trust versus --? Commissioner Carollo: That -- I -- Chair Hardemon: Because the reason I'm -- Commissioner Carollo: Well, on both. To decide the percentage of funds for the Trust, obviously, we don't have to stick to any formula, if it's less land. I think we need to give them an amount that's affair, and I've heard what you said. And I know that when it comes to Little Havana, you're going to feel the same way. Chair Hardemon: Come on. Commissioner Carollo: I know that. Well, you've been there with me many a times before as Commissioner and after I've been Commissioner. So you like the food. You like the area. Chair Hardemon: At the end of the day -- and I say this to all -- Commissioner Carollo: Yeah. Chair Hardemon: -- of my Commissioners: The only way that you're going to be able to make your neighborhoods a better place is with the support of us up here. Commissioner Carollo: Yeah. And look -- Chair Hardemon: And so, if there are things -- Commissioner Carollo: It's true. Chair Hardemon: You know, there are things that are close to all of us that we all take really strong looks at. Sometimes we're disappointed in the things; I've been that. Commissioner Carollo: Sure. Chair Hardemon: And sometimes we are -- we're grateful for things, and I've been that as well. And so, I think this one is something that all of us can be proud of. And it's interesting, because this space is in Commissioner Carollo's district -- I mean, in Commissioner -- Chair Hardemon: -- the Vice Chairman's district. However, everyone has an affinity for that space. And if you've never been there -- if you're listening to the sound of my voice -- if you've never taken a bicycle and trekked through that space, you will be surprised that this sort of space exists -- Commissioner Carollo: It's a great area. Chair Hardemon: -- in the City of Miami. And so, that's why I think that in the first year, the $1 million is a great number to have. I think, subsequent to that, everything that you bought \[sic\] up, I want to know whether or not there are, in fact, the -- they're making money through the airwaves and all these other (UNINTELLIGIBLE). City of Miami Page 101 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: No. They're making money through all that. Chair Hardemon: Because if it is true -- right? -- this is a Revocable License Agreement; it can be revoked. It's just understood. But let's start that conversation now from a point of honesty so that when we move forward in the future, we know how we're going to work together, but let's give life first -- Commissioner Carollo: The -- Chair Hardemon: -- to the memory of the people that spent their time on Virginia Key Beach Trust. That's what this -- that's what, to me, this vote is about. Commissioner Carollo: The only thing that I ask you, Commissioner -- Chair Hardemon: Yes. Commissioner Carollo: -- is whatever amount that we decide -- if it's a million, whatever it is -- we take the 300 that we pay from the general fund. That's -- really, we're paying the same thing, but we take it from there; that this way, they're even. Commissioner Reyes: That's right. Commissioner Carollo: The remaining amount that you want to use to encourage the County -- and that's one that we got to work as a unit in getting them to come forward -- then we put it in escrow in a City account that is there, and we have it marked; just like the $2 million that Commissioner Russell has held up for Maurice Ferre Park. You know, now that it's Maurice Ferré Park, you're going to have to let loose with that. Chair Hardemon: But, look -- Vice Chair Russell: Help me extend the CRA (Community Redevelopment Agency), and we'll talk. Chair Hardemon: Now, this is it, right? The -- Commissioner Carollo: Did we vote for that? Chair Hardemon: Now, we -- every year in budget season, we save just about what we gave to the Trust this year, and we gave something this past year to the Trust that we felt we had an obligation to do, because of where it was -- right? -- where it was existing. And so, what I'm saying to you is that we've always found a way to kind of make the extra dollar to help them. And so, we gave -- look, we just gave a million dollars to this board -- Commissioner Reyes: Not to me. Chair Hardemon: -- to the Alonso Mourning Group to help with their capital contribution to redevelop a gymnasium on -- in -- on Gibson Park, right? Commissioner Carollo: (UNINTELLIGIBLE). Yeah. Chair Hardemon: Now, hear me. Gibson Park has two gymnasiums, and they have the ability to go out and -- and Alonso has the ability to go out and raise dollars, and that's what they're doing to help continue what they're doing there. It's a great mission. I'm not saying anything about that. But what I'm saying is, if we can do that, then we can forgive their 300 for this one time. City of Miami Page 102 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: You know how Alonso got started in that? With Marty Margulies. Chair Hardemon: Marty Margulies. Commissioner Carollo: And guess who was the Mayor that got them together and brought it forward. Chair Hardemon: Come on, Mayor. Make the motion, Mayor. Commissioner Reyes: Okay. Let me -- Chair Hardemon: Make a motion. Commissioner Reyes: Let me -- Mayor Suarez: (UNINTELLIGIBLE) happened in those four years. Commissioner Reyes: -- get this clear, because I'm a numbers guy. Okay. Commissioner Gort: Don't forget -- tell him who was the Vice Mayor. Commissioner Carollo: He was the co-pilot at the time. Commissioner Reyes: Okay. Listen, Mr. Chairman, what you are suggesting is that we accept the $1.4 million. Hold on a second, Mr. Carollo. That's what I be concrete and clear, you see. What you're suggesting is that we accept the offer for $1.4 million from Ultra; is that right? Commissioner Carollo: No, that's not what he's saying. Commissioner Reyes: Wait a minute. Wait a minute. And then from that money, we will -- a million dollars from that payment will go straight to the Trust as this year, as a statement that -- Chair Hardemon: They can't spend it yet. They're not spending it. Commissioner Reyes: No, no, no; as a statement. We got that money. That money is there. Chair Hardemon: Right. Commissioner Reyes: In following years, we're going to decide how much the Trust is going to get and how much is going to be for the City of Miami. Chair Hardemon: Yes. Commissioner Reyes: What you want this initial year -- I mean, what I'm trying to do is try -- I mean, understand what been talking, because everybody been talking about -- let's be clear. Chair Hardemon: Yes. Commissioner Reyes: Okay. That's (UNINTELLIGIBLE). Sub -- next year we are going to -- City of Miami Page 103 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Actually, we decide -- I mean, we decide how much money -- because what happens is this: The Trust typically -- -- -- Commissioner Reyes: -- we are not going to argue anything about this, okay. The only thing that I'm going to argue is, is there a possibility you want us to just vote on this proposal, or try to go for what we said before; we're going to have a base, and then, based -- according to the number of tickets that they sell, we could increase the amount of money -- I mean, the payment for the --? Chair Hardemon: And I believe that's what Commissioner Carollo stated when he talked about the 50,000 -- Commissioner Reyes: Okay. We have to decide -- Chair Hardemon: -- the 50,000 -- Commissioner Reyes: -- that first. The million dollars, I agree with you. That's not -- no argument about (UNINTELLIGIBLE). Chair Hardemon: Okay. So the 50 -- Commissioner Reyes: Okay. Chair Hardemon: So I will say this now. I'm looking to Ultra. Commissioner Reyes: Okay. Chair Hardemon: There was a clause that Commissioner Carollo explained to you all about attendance for every day beyond 50,000 people that would increase the amount of money that you will make payments to the City for. Will you activate that clause? Commissioner Carollo: Well, that's part of it, but hear me. Two million should be the base line, based on 50,000 per day. Anything above 50,000, we get more. And then we could give them a little wiggle room that if, for any reason, it falls a little bit below the 50,000, combine the three days per day, then we'll take a little less, but 1.4, it's unacceptable. Chair Hardemon: I don't want to give them wiggle room. I don't -- I want -- 50,000, 50,000, 50,000; or 50,000, 50,000, and it's 49,000. Commissioner Carollo: Well, look, now you're talking my kind of talk. If I have the votes here -- and if I have yours, I would -- then we need to get the $2 million; and anything over 50,000, we get more. And if you put my man here, Guy working with me, we'll get the 3 million. Chair Hardemon: No. But I believe that -- I certainly believe that if we start this year -- this is -- this year, to me -- I was so grateful. I smiled a little smile on the side, because I knew the moment that they were denied entry into Bayfront Park that there was an opportunity to help the Trust. I just felt that. Commissioner Carollo: Yeah, but -- City of Miami Page 104 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: And so -- Commissioner Carollo: -- listen -- Commissioner Reyes: -- a settlement. Okay. Commissioner Carollo: -- Rolling Loud was willing to pay more than they were giving at Bayfront Park. So if they don't like the deal that we're telling them they got to come with, we can get Rolling Loud to pay more; and maybe somebody out of Chicago, I think, might have an interest, especially in Fantasy Island. So, you know, they're not the only game in town. Chair Hardemon: And that's why we have a Revocable License Agreement. Commissioner Reyes: That's right. Mr. De Grandy: Chair, the answer to your -- Commissioner Reyes: And I have a question about the tickets, you see. When we talk about the number of tickets, you see, are -- ticket, right? Mr. De Grandy: That's correct. Commissioner Reyes: Okay. How 'bout those tickets that you give away? How many tickets are -- is -- does Ultra give away? Mr. De Grandy: There is in the agreement -- and they could correct me if I'm wrong -- there's a cap of 300 tickets that are complimentary. Mr. Rotenberg: It's 3,000 a day. Mr. De Grandy: Excuse me, 3,000. Commissioner Reyes: 3,000. And then -- but then -- and we're going to get 3,000 people that are going to go in there, and the City is not going to receive anything. Commissioner Carollo: No, no, no, no. Commissioner Reyes: Okay. Commissioner Carollo: We need to check with the contract that we had at Bayfront Park for years. I think it was only a thousand that they would get that might have been for events. So if you're saying 3,000 times three days, then you would be correct. But, you know, I'm a little foggy on that amount. Commissioner Reyes: Have to clear that up. Commissioner Carollo: I would have to give the Executive Director more on that. Mr. De Grandy: The ticket is for the three-day event. So when we're talking about 3,000 tickets, we're talking 3,000 tickets. Chair Hardemon: 3,000 total. A thousand per day. Commissioner Reyes: 3,000 total. City of Miami Page 105 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: But, look, if we could do this, Chairman, I think you're in agreement that we have time. Commissioner Gort: Who gets the tickets? Commissioner Carollo: We need to finance this more -- Commissioner Gort: Who gets those tickets? Commissioner Carollo: -- so that it comes back, and we have a strong majority consensus here in what you're asking for, and we'll work out all the details. I think we all know they got to pay more. The only other thing that I'd like to see tonight -- everything else could be worked out -- if you all like to assign me and Guy to help the Administration go along with this, we'll get more money for the Trust -- Chair Hardemon: But first -- Commissioner Carollo: -- without any problem. Chair Hardemon: -- let me say this. Commissioner Reyes: First reading today. Chair Hardemon: First, I want to say this: Can I have an answer to the question that I posed to you? Mr. De Grandy: Yes, sir. The answer to your question is, yes, we can accept those terms. I would also like to say, if I may -- and this is just business reality -- we have to have a resolution today. Staging an event of this magnitude -- Chair Hardemon: Okay. Don't -- Mr. De Grandy: -- the logistics are -- Chair Hardemon: -- let's not talk about tomorrow -- right? -- but let's talk about what does the -- what is the potential financial benefit to the City of Miami for that sort of above 50,000 and the increase in funds that are payable to the City that Commissioner Carollo explained? Michael Gaid: Chairman, Commissioners, in terms of the -- Chair Hardemon: What's your name, sir? Mr. Gaid: Sorry. Michael Gaid, with -- of Entertainment Group, Inc. In terms of the -- what would come to the City above the 50,000, that would be based on the surcharge revenues. So depending on what tickets were sold and at what prices, was based on that ticket quantity above the 50,000. Chair Hardemon: Okay. Commissioner Reyes: Okay. Then I present a motion. Commissioner Carollo: Well, back then, we went through so many changes. We had the surcharge that was in effect. We proposed one new one; they came back with one that was going to keep the surcharge at the same level of the low-level tickets, but was going to increase it for more. This is why I think we need the couple of City of Miami Page 106 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 weeks wiggle room. And I assure you that if you could throw me, by Commission resolution, in the bargaining table, you're going to get something that -- you're going to get a bigger smile than you have now. Chair Hardemon: I know. I -- Commissioner Carollo: And the -- Chair Hardemon: -- but the thing about it is this, is that where I am with it, Commissioner Carollo -- Commissioner Carollo: I'm not going to let you down. Chair Hardemon: I know. I -- but in this one, I need your support in moving forward to vote. There's a -- we have much bigger game to fry -- and I know I said -- in some things that are coming about that we're going to need time to really go through, and this is just not it. And so, what I'm saying is -- what I'm asking of my board members is for four votes -- five, if you want to show solidarity to Virginia Key Beach Trust -- to move this item, because we know that we can revisit it. We know that tomorrow, we can start the conversation about the year after, if we choose. Commissioner Carollo: The problem is that we don't have -- I mean, look, this contract reminds me of what we went through the last time they were here. It's a that we got to change a lot of the wording to make sure that we don't get ourselves in trouble. Chair Hardemon: And we can do that. Commissioner Carollo: And -- Chair Hardemon: We can do that. Commissioner Carollo: Well, it's a long contract. -- I would be willing to do? Call a special meeting; we'll come back in a few days. I mean, call a special meeting. Just give us -- Chair Hardemon: This is a special meeting. Commissioner Carollo: -- even one day -- two is better -- to sit down with them, and we'll come back in a special meeting, and this should be resolved quite quickly. Commissioner Reyes: Can we pass this on first reading, and from first reading to second reading? Commissioner Carollo: Well -- Commissioner Gort: This is a resolution. Commissioner Reyes: And I would recommend that you be -- t -- City of Miami Page 107 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: -- part of the negotiating team. Commissioner Carollo: It's a resolution. Chair Hardemon: It's a resolution, so -- Chair Hardemon: -- does it have more than one reading? Commissioner Carollo: Yeah. Chair Hardemon: But look -- Commissioner Reyes: Make a motion. Chair Hardemon: -- I think we're being -- I think, with this, a Revocable License Agreement -- if we were here saying that this was a 15-year lease agreement with an organization that was going to be screwing us every single year, that's one thing. But I just feel as if -- in the time that we are here, and what we're going to get because of what we're doing today that this first year is something that we should -- is a reason why we should move forward with this today. Commissioner Reyes: The contract is going to be -- Chair Hardemon: And that's why -- Commissioner Reyes: -- for one year, sir? Commissioner Carollo: Chairman? Chair Hardemon: Right. It's revocable, yes. Commissioner Reyes: Yeah. You are suggesting we -- Chair Hardemon: I'm not suggesting. I'm making -- I'm not suggesting that it is a -- to make it one year. What I'm saying is that it is revocable. Commissioner Reyes: Okay. Chair Hardemon: And if we want to make changes -- Commissioner Reyes: Okay. Well -- Chair Hardemon: -- we'll have an opportunity. Commissioner Reyes: Okay, because I was willing -- and -- because from all of the horror stories that I heard that this could create, you see, I was willing to give them a couple of years so they -- if something goes wrong, they can fix it. And if it keep on being wrong, then we can revoke it. Chair Hardemon: So all I'm -- so what I'm asking for -- and that's what -- effectively, that's what we can do. Commissioner Reyes: That's right. -- City of Miami Page 108 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: Yes. Chair Hardemon: -- to be able to do, so that even goes beyond what the resolution is today. Commissioner Carollo: Are they willing to come with the 2 million for up to 50,000? I mean, there's got to be somebody here that can talk for Ultra. Who --? Rey? Rey, who's the gentleman behind you there talking? Yeah. Mr. Martinez: That is Russell Fabish (phonetic) -- Commissioner Carollo: Oh, okay. Mr. Martinez: -- a principal. Commissioner Carollo: I'm sorry. I had it confused from here with someone else. I just wanted to be sure. Thank you. But he's certainly in a position to speak for the organization. Chair Hardemon: Come on, Commissioner Reyes. Make a motion, Commissioner Reyes. Come on. Commissioner Reyes: Okay. I'll make a motion. Chair Hardemon: Make a motion, Commissioner Reyes. Commissioner Reyes: Okay. Commissioner Carollo: 2 million. What do we have? Commissioner Reyes: What do we have? Chair Hardemon: Been moved by Commissioner Reyes; seconded by the Vice Chairman. Vice Chair Russell: No, no, no. Commissioner Reyes: Yes. Commissioner Carollo: $2 million. Commissioner Reyes: $2 million. My motion is that accept $2 million for the first two years and -- contract for two years, and after the two years, we'll revisit this. Chair Hardemon: Did they agree to $2 million? Commissioner Reyes: And I strongly recommend that Commissioner Carollo be part of the team, negotiating team. Chair Hardemon: Did they agree to $2 million? Did you agree to $2 million? Mr. De Grandy: If we do $2 million -- and we're talking about the total number of tickets, $60,000 tickets -- we could do it. Commissioner Carollo: Excuse me. You're talking about 60,000 now? Mr. De Grandy: Yeah, the 60,000 tickets. City of Miami Page 109 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: Listen -- Mr. De Grandy: $2 million. Commissioner Carollo: -- listen, listen, listen, you guys are insulting, okay? You guys are insulting. You're saying you're going to give us $2 million for another 10,000 people per day. See, this is why you are not in Bayfront Park anymore. You guys are hogs, you know. You guys have forgotten that, you know, pigs get fat; hogs get slaughtered. Commissioner Gort: Yes. Commissioner Reyes: My motion, $2 million. Chair Hardemon: I hear your motion. That's not the motion I expected you to make, but -- Commissioner Carollo: Well, you'll get -- Commissioner Reyes: Then (UNINTELLIGIBLE). Commissioner Carollo: -- the million dollars that way. You got no problem. -something (UNINTELLIGIBLE). Chair Hardemon: You could have made that 1.4, too, for the Trust. Commissioner Reyes: Yeah, I said it. Mr. De Grandy: Mr. Vice Chairman, can we have a 10-minute recess? Because I'm not understanding exactly what's going on here. I understood that you wanted -- Vice Chair Russell: Oh, he's -- he can explain it to you. Mr. De Grandy: -- $2 million. We just came and told you we would give you 2 million. Commissioner Reyes: Okay. Let me ask, how high can you go? Mr. De Grandy: Excuse me? Commissioner Reyes: How high can you go -- Mr. De Grandy: How what? Commissioner Reyes: -- on the first year? How high can you go on this? Mr. De Grandy: You just asked us for $2 million. Commissioner Reyes: That's right. Mr. De Grandy: We told you we could do the $2 million. Commissioner Reyes: Okay. You can do the $2 million? City of Miami Page 110 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. De Grandy: Yes. Commissioner Carollo: You said -- Chair Hardemon: No. There was something that was different about it, right? Commissioner Carollo: -- that you would do the $2 million if you do 180,000; meaning 60,000 per day. Mr. De Grandy: No, sir. First of all, the tickets are three-day tickets, so we're talking 60,000 tickets total. Commissioner Carollo: Yeah, but -- Mr. De Grandy: And what I said was, we will do $2 million, but we can go up to -- sell up to 60,000 tickets. Commissioner Reyes: That's right. Mr. De Grandy: That's what I understood was -- Commissioner Reyes: Yeah. Mr. De Grandy: -- the agreement that you all wanted. Chair Hardemon: Explain this to (UNINTELLIGIBLE). Commissioner Carollo: Okay. All right. You didn't explain it well. Mr. De Grandy: I said -- Commissioner Carollo: Okay. You didn't explain it well. Mr. De Grandy: -- $2 million, 60,000 tickets. Commissioner Carollo: All right. Now -- Mr. De Grandy: That's what I meant. Commissioner Carollo: That's fine. But at the 50,000 cutoff, because you're going to make a heck of a lot more money, 10,000 more; a lot more money. Your live streaming, broadcasting sponsorship, that money will stay the same, but with 10,000 more tickets you sell, you're looking at pocketing quite a bit more in ticket sales only. We make surcharge money on anything over 50,001 to 60,000, beyond the $2 million. So in other words, $50,000, we make the $2 million -- up to $50,000, we make 2 million; from then on, up to 60 -- surcharge on each extra ticket, whatever it is that the surcharge is, because it will depend on the price of the ticket that you sell. Commissioner Reyes: I -- you know, I know how you're doing it, but I think that we - - Commissioner Carollo: Chairman, get in here; let me negotiate better. You're not helping the cause by being over there. Chair Hardemon: I just wanted some clarification. City of Miami Page 111 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: Yeah. Chair Hardemon: I'm not giving him 10 minutes. Commissioner Reyes: Joe, we have to take into consideration (UNINTELLIGIBLE). Commissioner Carollo: I'm only asking them the same thing that we had before. Commissioner Reyes: But they have more expenses now (UNINTELLIGIBLE). Commissioner Carollo: Not that much more. Commissioner Reyes: They have more expenses. Mr. Steinman: Can I say one thing here, please -- Commissioner Carollo: Yes, sir. Mr. Steinman: -- just to kind of clarify your belief of how much money -- how much revenue you think we have? Commissioner Carollo: Listen, you're not going to cry anymore doom than Sandy did, so. Mr. Steinman: I know, but it's not what you think, I can tell you that. Sorry. Commissioner Reyes: Okay. Chair? Mr. Chairman? Commissioner Carollo: Counselor, you got -- Commissioner Reyes: What do you propose? Commissioner Carollo: Well, it's -- they're coming back. They needed 10 minutes. Why don't we give them the 10 minutes? And I think we all need 10 minutes. Vice Chair Russell: You guys want to do Magic City? Chair Hardemon: No. No, you don't give them the 10 minutes. Todd B. Hannon (City Clerk): (INAUDIBLE) any comments on the record. Councilmember Luis Lauredo: My name is Luis Lauredo, elected by the people of Key Biscayne to the Village Council and my colleagues. My question was, would we have the courtesy to speak before you take whatever motion you're going to make? Because -- Vice Chair Russell: They already did. Commissioner Carollo: I personally have no problem. Councilmember Lauredo: It seems to me that's a -- Commissioner Carollo: It's up to the Chair, but -- Vice Chair Russell: They already did. City of Miami Page 112 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: -- I personally have no problem. Chair Hardemon: The powers of this board go through the Chair, but it's not necessarily up to the Chair, but I will say that the Village has had ample opportunity to speak today. Trust me -- Councilmember Lauredo: Mr. Chairman, with all due respect, if I recall, the conversations we had this morning of a new beginning, new relationships, we were talking about specific damages and considerations. Chair Hardemon: Is there anything different from what you said earlier -- Councilmember Lauredo: Yes, absolutely. Chair Hardemon: -- that you'd like to say to us today? Councilmember Lauredo: I have a lot of questions, like you Commissioners have a lot of questions. The only thing I feel good about, Mr. Chairman, to be honest with you, is that we learned about it in Miami Herald a week ago; you learned about it three weeks ago, so I don't feel so bad. I just -- I'm perplexed how every question, every reasonable question that's supposed to be answered with facts have not been answered. Chair Hardemon: All right. Councilmember Lauredo: They say about a study -- Chair Hardemon: All right, let's -- Councilmember Lauredo: -- that is forthcoming. And so, I would beg -- Chair Hardemon: -- so I'm going to ask -- Councilmember Lauredo: -- that the indulgence that you would allow us to -- for the purpose only of understanding. Chair Hardemon: Okay, I may not grant that request. Sir. Mr. De Grandy: Mr. Chairman, with all due respect, we need to have certainty today, and that's why we have gone up to the $2 million, selling up to 60,000 tickets. We were -- Chair Hardemon: So right now you're only selling up to 50,000 tickets? Mr. De Grandy: No. Excuse me? Chair Hardemon: Right now you're only selling up to 50,000 tickets? Mr. De Grandy: No, no. The capacity is up to 60,000. What we have been arguing back and forth is the great uncertainty in a new venue as to how much we can do. And so, we have made you an offer that you have a guaranteed amount; we're still taking the risk. We are not trying to be disrespectful in any way, but we need to know today whether we have a deal or not. You certainly have the power to vote it up, to vote it down. We need to understand today -- Chair Hardemon: I'm not -- City of Miami Page 113 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. De Grandy: -- whether we're doing this in the City of Miami -- Chair Hardemon: Listen, if you're telling me that you want a decision today, I agree with you. Mr. De Grandy: Yes. Chair Hardemon: I don't want to do this again. Mr. De Grandy: Yes. Chair Hardemon: So I want a decision today. Mr. De Grandy: Yes. Chair Hardemon: But we're trying to find what the details of the decision is. Right now you have to get a four-fifths vote, right? Mr. De Grandy: Yes, sir. Chair Hardemon: The motion and the second that was made was in regard to $2 million. This is something that you agreed to; not me. So what I'm trying to figure out is that right now -- this is discussion about a $2 million deal up to 60,000 tickets. Mr. De Grandy: Yes. Chair Hardemon: That was a decision that you made, right? Mr. De Grandy: Yes, sir. Chair Hardemon: And that's what you're comfortable with, correct? Mr. De Grandy: That's all -- that's what we can do. Yes, sir. Commissioner Carollo: What you're saying is that as long as you could go up to 60,000 per day that you will pay the $2 million. Mr. De Grandy: That's correct. Chair Hardemon: Does that means that if you sell 60,000 or more? Is that what you're saying to me? Mr. De Grandy: If we sell 60,000 tickets, we're going to pay you the $2 million. Chair Hardemon: If you sell 50 --? Mr. De Grandy: If we sell less, we're going to pay you the $2 million. Commissioner Carollo: Whatever they sell, but they could sell up to 60,000 --they could sell 5,000, or they could sell 60 per day, they will pay the $2 million. Commissioner Reyes: Yes, but -- Mr. De Grandy: That's correct. Commissioner Reyes: -- that is a substantial risk -- City of Miami Page 114 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Ms. Méndez: So it's a guaranteed -- Commissioner Carollo: Well -- Ms. Méndez: -- amount -- Mr. De Grandy: That's correct. Ms. Méndez: -- of 2 million. Commissioner Carollo: Excuse me? Ms. Méndez: It's the guaranteed amount of 2 million. Chair Hardemon: All hearts and all minds are clear? Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Reyes: And I -- we have to understand you're taking a substantial risk, you see. That's it. Commissioner Carollo: The -- Chair Hardemon: What do you have? No. Commissioner Reyes made a motion and Commissioner -- Vice Chair Russell: I did not second. Chair Hardemon: Oh, you did not second? Commissioner Carollo: The -- Chair Hardemon: I -- I'll second it. Commissioner Carollo: I'm going to tell you, historically, I -- that's why I don't think that this first year, they'll come close to 60,000; that we shouldn't have a deal like that. You should only let this go for one year, and then look to see what the game was for the next year -- Commissioner Reyes: Yeah. Commissioner Carollo: -- not to mention the noise stuff that I was talking about. Chair Hardemon: We can come back, because it's revocable. Commissioner Carollo: Yeah, but -- Commissioner Reyes: That's right. Commissioner Carollo: -- the -- historically, what they've been doing at Bayfront Park is about 51, 52,000 per year; that's per event, per day. So at best, if they really -- Chair Hardemon: So what do you want to do? Do you want to give them some relief? Do you want to make it 1.8? City of Miami Page 115 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: Well, look -- Commissioner Reyes: 1.8? Commissioner Carollo: -- -- No, no, no, no, no. They said 2 million, and 2 million it is. I mean, unless you want 800,000 for the Trust instead of a million, I mean. But they've agreed to $2 million. I will tell you that I don't like how this has Commissioner Reyes: Yeah. Commissioner Carollo: I put my name on the dotted line. I created the Trust with my colleague, Commissioner Gort, at the time, and others who were sitting here. We made that into a reality. And I think that with your idea of a million dollars, we could start getting the County to move on that, and I know that we're all going to work together on that. And I'm glad that we're working together on this, because, as you see, we're bringing $600,000 more than the people that we pay high salaries to that is supposed to do that for us. I just wish that Guy would have been in there from day one; we would have gotten that 3 million, but being -- The bottom line of what I'm saying is -- Commissioner Reyes: Come on, guy. Commissioner Carollo: -- you would be willing to pay us more per surcharge between 50 and 60,000. We're not looking at a huge amount more of people, because you don't know that, but they do. You're probably only going to get, at best, 52,000 this year, 53; and certainly, I don't see it going beyond 55, but the following year might be different. The following year might be different, so that's a different way of looking at it. Chair Hardemon: Maybe if they offer to put us in a dunk tank, they'll get more people. Commissioner Carollo: Well, now, what I'd like to see, still -- that it hasn't been answered for me. We've gotten the amount to $2 million. I think that part we got out of the way. Let's look to see how much acreage is truly being used. Who is working this where; I haven't seen it all. And for someone from staff to tell me, "It's approximately "X" amount of acres that they're going to use; so much in Marine Stadium site; so much in the Virginia Key Beach Trust site," I mean, are -- Commissioner Reyes: Mr. Manager -- Commissioner Carollo: -- you all going all the way up to the beach -- on the Beach side and the Trust side? Commissioner Reyes: No. Commissioner Carollo: I'm talking to the point. Or are you staying just in the parking area? Mr. Rotenberg: If I can, I can answer you, Commissioner. Daniel Rotenberg, negotiate. What we're looking at over here -- and they're going to be using the parking lots and open areas. So 82 acres over there, they'll be using approximately 25 percent. 75/25 is the areas at Marine Stadium, and 25 percent over at Historic City of Miami Page 116 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Virginia Key Beach. At Historic Virginia Key Beach, they probably will end up using 25 percent of that, which is about 20 acres. Commissioner Carollo: 20 acres? Commissioner Reyes: Are they going all the way to the beach? Mr. Rotenberg: Sorry? Commissioner Reyes: Are they using the beach also, or no? Mr. Rotenberg: No. They are precluded from going onto the beach. There will be turbidity walls there. Commissioner Reyes: That park will be fenced? Okay. Commissioner Carollo: So it's about 20 acres of Virginia Beach, and you said about 17 on the Marine Stadium side. Mr. Rotenberg: Correct. Commissioner Carollo: And I know you can negotiate, as long as your hands aren't handcuffed. Okay, so we got -- Commissioner Gort: Move it. Chair Hardemon: Got a motion; we have a second. Is there any further discussion? Vice Chair Russell: There is. Chair Hardemon: You're recognized, Mr. Vice Chairman. Vice Chair Russell: I'm probably the only one up here that actually likes electronic dance music. Commissioner Carollo: I could believe that. Vice Chair Russell: Right, right. I hadn't attended Ultra until this past year. In my capacity as Commissioner, I toured the site during the event, and I got to see Steve Aoki perform, of Japanese-American Electronic Dance Music King, and it was an honor. And then I got to see the resistance stage of the little guys, you know, coming up from behind and doing the underground stuff, and I was really inspired. I did not see a mosh pit. I did not see drugs. I saw a well-oiled machine that this event has evolved into. Unfortunately, they're still paying for the sins of their past and their early days, which has a reputation that precedes them, and that's what scared Key Biscayne and many other residents, and, you know, I know that Ultra has grown past that. And so, I have a confidence there that they would be a good steward of safety. Traffic, we've seen the boat show. We know it can be done. We know an MOT (Memorandum of Transfer) can be created; I'm not concerned there. Key Biscayne, I want to be a good neighbor. I did reach out to both the Mayor and the Mayor-elect don't know where this is going. It's -- I'm not a Commissioners, would go to another city and speak to a Commission in this way, but I do understand their concerns, and I understand their reaction, and I hope to work forward with them. The money seems to be all we've spoken about, and that seems to be settled. The African-American History Museum is incredibly important to me. City of Miami Page 117 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 That seems to be on its way, and it's a beautiful thing, and that's why it makes it hard for me to say that we haven't talked about the environmental concerns here almost at all from the dais; yet, this morning, the concerns that were brought over and over and over again are true and palpable; they're things to worry about when groups like Tropical Audubon, the Sierra Club, Water Keeper, and the Rosenstiel School just next door all tell us what we need to be worried about, and we're not addressing that up here, and I haven't heard the solutions from Ultra that ease my mind at this point. I have to weigh that with the hundreds of emails I've gotten in opposition to -- amount to 700 there, but the hundreds of my residents from the City of Miami who are in opposition and fear this with regard to the environmental concern, and that -- We still haven't even planted the mangrove trees that were ripped out three years ago when the flex park that's inherited the sins of the past Manager, but it's been a year even still on that, and this -- it's -- we're not making good on our environmental promises to Virginia Key. This hasn't even gone to the Virginia Key Advisory Board, and as a straight bit of process, it's supposed to, but now it's going to go to them after, and what they say doesn't even matter. I want to support the Chairman on this, but I -- there's so many things missing from this. They should not be able to have any plastic straws; polystyrene products. They should have the barricades to the beach, the complete site restoration. Every night should be clean up right after the event, not in the mornings. I know that they're working on MOU with several of the environmental groups, and I really do appreciate that. That's Surfrider, Debris Free Oceans, volunteer cleanup, and that has to do with physical pollution on the island, in the water, and I appreciate that. The wildlife concern has not been addressed. And all y That may be able to be addressed, but it hasn't yet. VKAB (Virginia Key Advisory Board) hasn't been addressed yet. And so, I don't -- this time, and that's very hard for me, because everything else about this -- I want to see Ultra survive and thrive and stay in Miami. I want to see the Virginia Key Beach environmental concerns that still loom on this issue. Mr. Rotenberg: If I may? May I, Chairman? 4.8.1, we have language in here: ve two paragraphs with a surety bond in place that will protect the environmental and remediation plan and everything that's over there. And the attachments in the back are restricted areas that they're not allowed to use, trans -- over -- go over as part of the attachments to this agreement. They're addressed in writing in here. There will be a surety bond placed over here to protect it. Mr. De Grandy: And if I may, through the Chair, very briefly. Regarding the Wildlife Protection Program, as I said, Commissioner, we're willing to enter into a process where we will hire a consultant to prepare a plan, present that plan to the City. If the City disagrees with any parts of that plan, we will pay an additional consultant, at all costs, to serve as our arbitrator and finalize that plan. And that third consultant would have to be mutually acceptable to both parties. I don't think anyone can do better than that. And what I could tell you, Commissioner, is -- I rattled off a list of all the organizations that have staged events there. There have not been that list of horribles that was reported to you this morning. And so, we're not asking -- City of Miami Page 118 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Vice Chair Russell: And I'm not saying that there have. And at Bayfront Park Trust, it hasn't been trash in the bay, and the cleanup has been good. It's the wildlife that concerns me here that we haven't ever dealt with before. We don't know how this amount of light and sound will affect them. I may be wrong. I may get outvoted here. I may be with you next year. But at this point, I don't think the process has been followed in a way to ensure -- The issue of the Department of Environmental Protection and the critical wildlife area has not been addressed. And so, I just have to say that's where I am and -- Chair Hardemon: So -- Vice Chair Russell: -- in a sense, regrettably, because I do want -- I -- it's -- Chair Hardemon: Look, I would -- that mike is on. Mr. De Grandy: The critical point, Commissioner -- Chair Hardemon: Whoever has it, they have their mike (UNINTELLIGIBLE). Mr. De Grandy: -- is it will be addressed, at least 60 days prior to the event. Commissioner Reyes: Okay. Chair Hardemon: Your mike is on. Someone's mike is on. Commissioner Reyes: I -- may I say some --? I think that we should place this --I mean, some covenants in this -- in what we voting now, that before second reading, we have to have a report from wildlife how it's going to be affected and all of that. Chair Hardemon: So, listen -- Mr. Rotenberg: Not in a resolution; there's no second reading, sir. Commissioner Reyes: Oh okay. Chair Hardemon: Listen to me. Commissioner Gort: Resolution. Commissioner Reyes: Well, that's it. This is resolution. But before the contract is signed, you see, we will have to have -- Chair Hardemon: Now this isn't the first concert that the Virginia Key Beach Trust has had. There has been -- there have been numerous events -- Commissioner Reyes: Yes. Chair Hardemon: -- that played music. They just recently had an event that played music. Commissioner Reyes: We haven't had any problems. Chair Hardemon: We haven't had the same sort of objections to things, so I understand that. Commissioner Reyes: And another -- City of Miami Page 119 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: But I will say -- and also, I want to make clear on the record, Madam City Attorney, the 20 percent contribution for one-time payments, will this fall into that category? Ms. Méndez: It can -- Chair Hardemon: Right. Ms. Méndez: -- Chair Hardemon: Unless we -- Ms. Méndez: And then you would have to place that in the legislation -- Chair Hardemon: So -- Ms. Méndez: -- and we would have to restrict the funds for the museum and for the general fund, but you have to say that in your -- Chair Hardemon: So I want the motion -- because I want to make a friendly amendment to the motion that was made, that it includes that language: The $1 million goes to the Trust, and that the City does not utilize the ordinance that describes the 20 percent that goes towards the Transportation Trust Fund. Commissioner Reyes: Also, I want to know, Mr. De Grandy, the sale of the tickets does not include the ones that give away. It's sale, right? Mr. De Grandy: Sale of tickets. Commissioner Reyes: The sale. Sold tickets. I mean, it's not the amount of ticket that had been issued; it's the tickets that you had received payment from, right? Okay. Commissioner Carollo: I'm going to need Russell up here; he's one of the principals. He knows this contract inside out, even more than you do. Russell, can you come up for a second? Because I understood -- Miguel said something, and now I'm seeing something different on the proposed contract. At Bayfront Park, what you guys had was traditionally 1,000 tickets per day; on the three days, you got 3,000 tickets you could give away. This is what I thought he told me. But the contract that I just saw clearly says 3,000 per day; 9,000. Th and above what you always got at Bayfront Park; a thousand. So tell me, you know, which is it there? Is it a thousand per day that you have asked for, or is it 3,000 per day? Russell Fabish: This contract is 3,000 comp (phonetic) tickets per day. Commissioner Carollo: That's a big difference in the 2,000 per day in that one. I can't go on that one. You got to keep it -- he's got to keep it like Bayfront Park, a thousand per day. Chair Hardemon: The thing about it is this -- Commissioner Gort: Who gets these tickets? Chair Hardemon: They have a $2 million minimum that they must meet. If they choose to comp 3,000 tickets per day -- City of Miami Page 120 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: But the thing is, what I asked Mr. De Grandy before is if those tickets that they're stated in the contract, the 3,000 per day, they are not counted in our agreement of ticket sales, you see. It is not -- it is -- the 50,000 tickets sale -- the 60,000 tickets, it is including -- does not include the 9,000 that were giving away; it's sold. Tickets sold, right? Mr. De Grandy: Hold on one second. Commissioner Reyes: Okay. Commissioner Gort: By the way, who gets these tickets? Vice Chair Russell: No one. Chair Hardemon: Will Smith. Will I am. Commissioner Gort: This is ridiculous. Unidentified Speaker: Mr. Chairman, may I be heard? Chair Hardemon: All right, 10-minute recess. Later ... Chair Hardemon: Let's have some decorum, please. We're almost done, everyone. Please. Okay. So first things first, I want to say this -- so the first thing is this, is that, you know, I made it very clear on the record, part of the reason why I'm leading when I want to lead in this deal, because of the benefit that it's going to have to the greater community that goes beyond, you know, the time that we're having this event, but it didn't fall on deaf ears that there was an organization that has a dispute. That organization is Rapture. That dispute is something that is going to have to be of concern to Ultra or to the event organization, and also the City of Miami. And so, what I'm saying is that -- and I'm giving this direction from the dais -- I fully expect the City of Miami to find a way to ensure that that organization is -- gets to have their event in this year. Emilio T. Gonzalez (City Manager): Sir, we will work with them and come up with something that we can both live with. Chair Hardemon: Listen, the public comment period has ended. Angeline Root: No, just a question. What if my guys wanted to build you a museum? Would that change anything, if they could raise the capital for a museum? Chair Hardemon: The public comment time has ended. Ms. Root: Okay. Chair Hardemon: And so, what we're trying to guarantee is that you have an event this year. And so, the staff is -- needs to truly understand that; that that's what we mean. Okay? Mr. Gonzalez: Yes, sir. Chair Hardemon: Thank you. So -- Commissioner Carollo: Mr. Chairman? City of Miami Page 121 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: -- is there any further discussion from the dais? Commissioner Carollo: Real brief. Chair Hardemon: Not -- Commissioner Carollo: I see that we still have a pretty good contingent from Key Biscayne here, and certainly, some of their elected officials. And I need to put this on the record, because the people that speak for the City of Miami are the elected officials, and I'm a little surprised; something that I heard here today. We, of course, just like elected officials in Key Biscayne, we're elected; we have a right to say whatever we want to, whether it's right or wrong. But look, I want to compliment the elected officials that have come today here from Key Biscayne, the Mayor and the Council people. You have won my admiration, because that's the way that a united city government should work. You're representing your residents, and I compliment you for that. You know, I'm sorry that some of the things that have been said here, some of the things that are being worked in here -- the end of the tunnel. And whatever you all have to do, I certainly would respect it. So having said that, the only thing that I would like to ask the Chair -- and you've been extremely gracious, a lot more than I would have been, in letting so many people speak, and a lot of people for a long time. I mean, you really went overboard. But I -- for the purpose of the last courtesy of the day to our elected officials, neighbors from Key Biscayne; and gone overboard in letting people express themselves, I'd like to maybe, if you could let no more than two officials or individuals from Key Biscayne make the final address to this Commission and present their last thoughts to us before we take the vote. Chair Hardemon: Okay. Is the Mayor still here? No, not that Mayor. I believe his name is Davey? I know -- what elected leadership is still here from Key Biscayne? Okay. If -- I don't know if we want to reserve a space for the Mayor. When we say, voice in the restroom and outside. Commissioner Reyes: Where is he? Chair Hardemon: So, sir, I'll give you two minutes. Councilmember Lauredo: Commissioner Carollo, former Mayor Carollo, thank you for your courtesy, and thank you for all your courtesies in hearing us this morning. You've been very generous with your time. I am deeply -- there's a thing about public service: No good deed shall go unpunished. So I know -- I've been in the Federal Government. I've had negotiations with very hostile countries of these United States, so I know what it is to negotiate, and I didn't mean to take up any of your time. I wasn't very confused as the discussion went on, and I don't want to weigh in anymore. It seems to me that independent of a lot of issues that had been brought up by very serious people -- I take, by the way, a personal parenthesis and to -- surprisingly so. As you remember my words this morning, I wanted to start breaking down this stereotype that -- these rich and spoiled people on Key Biscayne. Unfortunately, they are working-class people, like myself. I'm not rich. Most of the people who live there actually work in the City of Miami professionally at all levels, and I'm prepared to take it from you, but to see somebody from -- representing a private entity basic golf carts, I was considerably surprised, but that's just a personal note. You know the spirit on which I -- we went this morning. I know the burdens of what you have to do. I just think -- it seems to me that it was rushing. I felt better, because if we City of Miami Page 122 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 found out a week ago and you found out not that much later, I don't feel that bad, and I learn at it from Miami Herald. Then there's some question that every time you had a substantive question, there was something that was worst in the air, or a study is being done. And so, it was sort of like drifting into a blank check kind of situation, but that's your judgment. My main message is one of gratitude to each one of you, on behalf of my colleagues and on behalf of the people of Key Biscayne. And no matter what happens today, we will hold to the pledge of a new professional relationship with the Administration and each one of us that are -- have the trust and the burden of keeping that trust for the people who elected. Thank you very much, and we'll live with your -- we'll deal with your vote. Chair Hardemon: Thank you. Commissioner Carollo: Thank you. Commissioner Reyes: Luis, on my part, I am -- you and I have been friends for a long time, and we have worked together in this -- Councilmember Lauredo: Yes. Commissioner Reyes: -- in the City of Miami a long, long time ago, and I welcome your -- I mean, your words. And we welcome working with you and the rest of Key Biscayne and -- which is a beautiful city and beautiful people, and try to be more amenable -- amicable and official. Councilmember Lauredo: And -- Commissioner Reyes: But one thing that really has irk some of us is the message of - - a confrontational message, of that; threats, you see. That's what we have -- both ways, we have to stop it. Councilmember Lauredo: Yes. And -- Commissioner Reyes: Okay. Councilmember Lauredo: -- you have my pledge. Commissioner Reyes: Yes, sir. Councilmember Lauredo: I have -- you have the pledge of my colleagues. I tried to emphasize this morning, you have a lot of information that is a new majority, a new Mayor, a new City Administrator, or Village Manager, and I -- we have a big responsibility for the bad image we have. We need to invite you over there. By the way, I need to tell you again that some of your residents, taxpayers residents come into the Island. It's not just us getting out to work there (UNINTELLIGIBLE). Commissioner Reyes: Yes. Councilmember Lauredo: They get trapped. And a lot of these beach bums that we alluded to earlier work downtown Miami; perhaps, even in Holland & Knight, so -- but we're moving on. We're moving on. And I look forward to working with you in the future. I do seriously, really, honestly, from the bottom of my heart, respect the burden you have, and we will respect your decision, and work with you. Chair Hardemon: Thank you. Councilmember Lauredo: Thank you. City of Miami Page 123 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Mr. Vice Chairman. Commissioner Reyes: Thank you. Commissioner Carollo: Thank you. Vice Chair Russell: Thank you. Mr. Chairman, the Mayor of Key Biscayne texted me. He apologizes that he had to leave. He's actually on his way to his installation ceremony, but he appreciates our courtesy and consideration today. Chair Hardemon: Thank you. Seeing no further discussion -- Commissioner Carollo: Yeah, there is. Chair Hardemon: Okay. Commissioner Carollo: Let me be sure that we have something legally right. Madam City Attorney, I want to make absolutely sure that in the contract, we can cancel any time for any future contracts. In other words, I don't want this that we have such a small window to give them any kind of cancellation that it keeps going forward. I am going to be very suggestive to the maker of the motion that we leave it at one year. I think we will be showing tremendous amount of good faith to our colleagues and the residents of Key Biscayne if we work together in the first year to look and see how it goes, but the -- if not -- Chair Hardemon: Got a long night ahead us; let's vote. Commissioner Carollo: -- I want to make sure that the wording that we have in that contract protects us fully that -- because what I was reading before briefly, I didn't like the wording that I saw. Commissioner Reyes: Mr. Carollo, I don't think it's necessary if it is a revocable. It's a revoc -- IBLE) some time in. Commissioner Carollo: Yeah, it is. Commissioner Reyes: And I think -- with all due respect, I think one year is (UNINTELLIGIBLE). Commissioner Reyes: That's right. It could be revocable after the first year. Ms. Méndez: Well, it -- Commissioner Reyes: Right? Ms. Méndez: So the revocability is 364 days before. Commissioner Carollo: Yeah. Commissioner Reyes: Before. Well, that -- Ms. Méndez: So if you want to window, it would have to be like maybe a week less, and then you have more of a wiggle room. City of Miami Page 124 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: But -- I mean, in all fairness, I think that one year, you see, is not enough. I mean, it's not worth all this (UNINTELLIGIBLE) all this money Commissioner Carollo: You -- if you want that, then you have to include that we have up to 120 days -- Commissioner Reyes: Absolutely. I will do it. Commissioner Carollo: -- from the ending of the first year to revoke it. This way, it gives them plenty of time to go on with their concert or find a new location if we revoke it. So we need a window of 120 days, which is four months, from the time the first event is done towards the second year. Then I'll go along with a two-year -- Commissioner Reyes: Yeah, okay. Commissioner Carollo: -- because it's not like what we have now that is basically then a two-year contract, because we only got one day to decide. Commissioner Reyes: You see, what I want to do is, I want to give them -- I mean, I know that the first time that they're going to do this -- and I'm going to be fair. I'm going to try to be fair to everybody. The first time that when they move, I know that there are going to be some glitches. I want to give them the opportunity to fix those glitches and then do it again, and see if it works or not. Chair Hardemon: So that's what this deal effectively is the way that it is. Commissioner Reyes: That's right. Chair Hardemon: You know, I asked with the motion that's been already made on the record, so we can close this issue and move on. Commissioner Carollo: Chairman, I cannot, in good conscience, give ourselves only one day to decide if the glitches that might come -- hopefully not -- are major enough -- Chair Hardemon: What about 30 days? Vice Chair Russell: Yep. Commissioner Carollo: 30 days is -- Chair Hardemon: No. I think 30 days. Commissioner Carollo: -- (UNINTELLI-- Commissioner Reyes: He wants 160. You want 30. How 'bout 60 days? Commissioner Carollo: I was saying 120 days. I'll even take 60 -- Commissioner Reyes: 60 days. Commissioner Carollo: -- because that's sufficient time in 60. Commissioner Reyes: That's sufficient time. Commissioner Carollo: But we need some reasonable amount of time. City of Miami Page 125 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: Yeah, that's right. And I agree with you. I agree with you. -- 90 days? Ms. Méndez: Right. So that puts us at 305 days. Chair Hardemon: At 60 days? Ms. Méndez: Right, if we take the 60. Chair Hardemon: Right. That's a good number, 305. Commissioner Reyes: 305. Chair Hardemon: 60 days it is, right? Friendly amendment? Commissioner Carollo: Well -- Commissioner Reyes: Yes, I accept that friendly amendment. Commissioner Carollo: -- I'll let them know that we used 305. Chair Hardemon: And I'll accept that friendly amendment. Commissioner Carollo: Okay. Chair Hardemon: That's what they're going to do. Commissioner Carollo: All right. Chair Hardemon: So that's the amendment. Commissioner Carollo: Now, can we just have a roll call on this instead of --? Ms. Méndez: Well, I just -- -- Commissioner Reyes: Let's get it straight before we vote. Ms. Méndez: I have to clarify just a couple things. One, I need Mr. De Grandy to agree or not. Mr. De Grandy: 305 days? Ms. Méndez: The 305 day. Mr. De Grandy: That's acceptable. Ms. Méndez: Okay. And then, I just want to go over a couple more things, and I'm sorry, because then you get mad at me, so. The -- I just wanted to confirm, it's a 2 million guarantee? Commissioner Carollo: Yes. Ms. Méndez: Anything over the 2 million will be ticket surcharge? Mr. De Grandy: No. Commissioner Carollo: No. City of Miami Page 126 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. De Grandy: This is -- Commissioner Carollo: 2 million -- Mr. De Grandy: -- 2 million -- Commissioner Carollo: They cannot go over 60,000 per day, including the 3,000 -- Commissioner Reyes: Including the 3,000. Commissioner Carollo: -- that they're getting as a freebie. And let me say this, guys: If we're going into the second one, we're going to look closely as to how many wrong or not. Ms. Méndez: Okay. So it's 2 million guarantee flat? Commissioner Carollo: Flat, yeah. Ms. Méndez: Okay. Then -- Commissioner Carollo: No matter what they sell. And if they cancel tomorrow and they don't sell anything, we get 2 million. Ms. Méndez: Okay. The environmental plan is accepted by both parties -- Mr. De Grandy: Yes. Ms. Méndez: -- because that's not in the current draft right now, so we have to -- Mr. De Grandy: To do an environmental plan? Of course. Commissioner Carollo: You're going to put some kind of expert -- ultant, yes. Commissioner Carollo: Make sure that Rey doesn't hire Rodney, okay? Mr. De Grandy: What? Commissioner Carollo: Make sure Rey doesn't hire Rodney. Ms. Méndez: The -- then the indemnification, as discussed previously on the record - - on the record with all the amendments with regard to any competing contracts that we discussed -- Mr. De Grandy: The indemnification? Ms. Méndez: -- or agreed to. Yes. Mr. De Grandy: Yes. Ms. Méndez: Then the exclusivity period is during the use term, and then we talked about the revocability and -- City of Miami Page 127 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: Traffic. Ms. Méndez: I'm sorry? Commissioner Reyes: Include the traffic. Ms. Méndez: Right, the traffic MOT. I believe that's already in here. Commissioner Reyes: That's right. A traffic -- Ms. Méndez: But we'll definitely work with them with their traffic experts. Commissioner Reyes: Okay. Traffic expert, and try to make it easy for the -- as easy as possible for people in the Keys -- I mean in the Key. Commissioner Carollo: Last but not least, I would hope that you emphasize the bulk of your transportation through water taxis, and we'll give you a good deal at Bayfront Park. Commissioner Reyes: And also, now that I'm seeing a concessionaire here, that no concessionaire should be blocked from -- I mean -- Chair Hardemon: Have access to their space. Commissioner Reyes: -- could block any customer or any people to get to their businesses or their businesses should be blocked. Ms. Méndez: Right. The access -- Commissioner Reyes: From access. Ms. Méndez: -- to the -- Commissioner Reyes: Access to concessionaires. Ms. Méndez: -- businesses that are there. And then the last thing, there was a section on improvements, and we talked about -- we also talked about on the record that you're not building anything permanent there. Mr. De Grandy: That's correct. Ms. Méndez: There's a little discrepancy in the improvement section, so we just have to fix that. But I think that takes care of all the main points. Commissioner Carollo: Yeah. One last one. How much security are they putting down in case they -- Chair Hardemon: Security's (UNINTELLIGIBLE). Commissioner Carollo: -- do any harm? Commissioner Reyes: Yeah, security. Ms. Méndez: Secure -- Chair Hardemon: Security -- I mean -- City of Miami Page 128 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: Security. Ms. Méndez: Oh, the deposit -- Commissioner Carollo: Yeah. Ms. Méndez: -- I believe was $250,000, and then there's a bond as well. Commissioner Carollo: Okay. Ms. Méndez: So there's $250,000 deposit, plus a surety bond. Commissioner Carollo: And they're absolutely responsible for any harm to -- Commissioner Reyes: Yes. Commissioner Carollo: -- mangroves; anything that's harmed there or damaged? Commissioner Reyes: Yeah. -- yes, because that's how we can access their bond -- Chair Hardemon: Okay. Commissioner Carollo: And -- Ms. Méndez: -- and deposit. Commissioner Carollo: -- the indemnification, you are satisfied with the language we have that -- Ms. Méndez: Yes, that carried over. Commissioner Carollo: -- if we get sued by anybody -- Commissioner Carollo: -- they're -- Commissioner Reyes: We're hold harmless. Ms. Méndez: Yes. Yes. Chair Hardemon: Commissioner Gort. Commissioner Gort: Let me tell you, I'm having a very hard time. And I don't want to ever go through a process like this, where we have to negotiate here in the public be informed way before, from the beginning. Now, my understanding, this is not a final decision. My understanding is, you're going to write some document that we going to be part of it and we're going to be part of it, and I also would like for the Key Biscayne people to be involved; it's very important. And I think Ultra's got a responsibility to go and educate the residents of Key Biscayne, because at least you know the reputation that you have is bad. I mean, it was mentioned here today -- maybe it's not true -- but somehow, you have to rectify that. And the other thing you have to do is make sure the environment -- and I want to see the study before, and I want to see the facts on it. I want to get that information. That's the only way I will City of Miami Page 129 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 vote for this at this time. And in respect for the Virginia Beach Trust -- because we we work with the Key Biscayne people; we show them the plan, what it's going to be; and what are we going to do about the environment, which is very important to these people here and to a lot of the people in Miami-Dade County, and I think you have to work on that. And if it's not really harmful to the wildlife and all that, let's prove it, let's show it. But we need to educate the community. A lot of times -- a lot of things you heard here, I think it was coming out of left field. People need to know what they're going to get. Okay? Ms. Méndez: And finally, Chairman, the restricted funds are as we described; that I'll place in the legislation. Thank you. Commissioner Carollo: Yeah. They will be placed in escrow in a City account, correct? Chair Hardemon: Wait. We're talking about -- Commissioner Reyes: A million dollars will go to the -- Chair Hardemon: I understood what you said, yes. Commissioner Carollo: Okay. Commissioner Reyes: 1 million, 1 million. Ms. Méndez: Thank you. Mr. Gonzalez: Commissioner Gort, if I may, sir? Commissioner Gort, this morning I had a chance to meet with Mayor Davey. I believe the Village Manager is here and some Commissioners. And my commitment to them was that should this pass today that I would be working with them very closely, keeping them informed, meeting regularly so that we all know what we're doing. Commissioner Gort: You got to. You got to make sure that their worries, we can take care of them. Commissioner Reyes: And -- Commissioner Gort: Also, we continue -- we can take advantage of this. We do have a problem with transportation. We got to bring the County in here. We have to bring the State in here, because there is a problem with the transportation in that area; not only in that area, but throughout the whole City; people coming in and coming out. Chair Hardemon: They need a new road. Commissioner Gort: I mean, this is an idea to what -- not only that, but a lot of the environments that we have to work out. Commissioner Reyes: And just a last -- I mean, the last thing on my part, and I don't want to keep on -- I mean, keep hammering on the same nail, but let me tell you this: I'm sick and tired of finding negotiations through the Miami Herald or a day before it's going to -- I mean, it's going to appear in the Miami Herald. If we are City of Miami Page 130 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 negotiating, whatever it is, I hope that, out of respect, that we are informed, because the reporters are more informed than what we are. Chair Hardemon: Yeah. It might be people in the City that's kind of letting them know, so (UNINTELLIGIBLE). Commissioner Reyes: I mean, really. I mean, it is embarrassing -- -- Commissioner Reyes: -- and I am not going to accept it anymore, you see. If there is a negotiation going on, I think that all of us should be informed. Chair Hardemon: I'm going to call the vote, okay? Commissioner Reyes: So we can talk to you and everybody. Commissioner Gort: The -- one last statement. Chair Hardemon: Yes. Commissioner Gort: To the new elected officials of Key Biscayne, we worked with you all for a year and a half, and we tried to even get you the idea that you could be an investor also, but that opportunity went away, but we tried and we'll continue to try. Chair Hardemon: All right. And before I call this vote, I want it to be known that after we do the vote, I'm going to have a 10-minute recess so that the people who are here, who I'm sure are not interested in staying any longer, can exit, and the people that are outside that are having to do with the PZ (Planning & Zoning) agenda can come in and take a seat, and the staff from the Clerk's Office can have an opportunity to prepare themselves to reset. Commissioner Carollo: The only thing I ask then is if you give me one quick minute and a half for two very simple pocket items that I would have before I leave. Ms. Méndez: And Chairman, one more thing. We have that shade meeting. I don't know if you wanted to -- Chair Hardemon: (UNINTELLIGIBLE) about shade. Shade meeting is after. Ms. Méndez: -- before he -- no? Okay. Chair Hardemon: Well -- Ms. Méndez: It'll be quick. It should be quick, but if he's leaving -- Chair Hardemon: If it's quick, I mean, then we would -- -- that's why I'm bringing it up. Sorry. Chair Hardemon: Okay. Commissioner Gort: I don't have any problem. Chair Hardemon: Do we need anything on the record for it? City of Miami Page 131 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Gort: I don't have any meetings tomorrow morning. Chair Hardemon: Okay. Seeing no further discussion, all in favor of the motion, Commissioner Carollo: No, no, no, no. I wanted a roll call. Commissioner Reyes: Roll call. Commissioner Carollo: Mayor, before we vote, would you like to say anything for or against it on the record? Mayor Suarez: Sure. Absolutely. Commissioner Carollo: Okay. Mayor Suarez: I've been a big proponent of Ultra since the beginning, since the get- go. They just celebrated their 20-year anniversary at Bayfront Park. I think this Commission spoke very clearly and unanimously in deciding that Bayfront Park was not the appropriate venue. Obviously, Virginia Key is an event space. Certainly, I think the Commission has articulated a lot of the concerns that Brickell residents might have, like noise and light; the environmental concerns have all been expressed. You know, I think -- I met with Mayor Davey yesterday or the day before in my office, and I pledged to him what I pledged to the Key Biscayne Commissioners who are here, which is to work with them. I remember when we were passing the boat show, and there was a lot of concern and consternation from Key Biscayne. And the now Transit Director, our former Deputy City Manager, Alice Bravo, actually went as far as recording the traffic on the road to ensure that there were no bottlenecks, and that if anyone was complaining that we could go back and survey the record. So there was that level of detail. Obviously, that resulted in litigation with Key Biscayne, which was unfortunate. That litigation has since been resolved. And I think a lot of the concerns that were expressed at the time of the boat show happened to not sort of materialize, and I think, you know, that's why we're not here talking about the boat show; we're talking about another event. Any time we book our major venues with major events, I think there's going to be concerns, because we're in an urban environment. And certainly, there's only one ingress and egress for Key Biscayne residents, and so I can completely understand their concerns. We have this issue not only with Virginia Key, but we have it with Watson Island, which happens to be between Miami Beach and the City of Miami. And so, you know, in that case, Miami Beach residents were very concerned about what kind of development we were going to have at Watson Island, and then subsequent to that, they approved a big hotel in Miami Beach. So, you know, we will work with Key Biscayne, certainly. I think we've all been big proponents of maintaining the tennis tournament at Key Biscayne, which was something that should have never left Key Biscayne; it's something that should have stayed in Key Biscayne, and that --you know, at that time, I think everybody in the community rallied around the Key and -- in the hopes that they would have a brand-new facility to keep the tennis tournament there for the long haul. And so -- even though it may cause some traffic disruptions on Brickell and coming out of Brickell. So, you know, I'm here to support what this Commission is doing. I think all the concerns have been vetted. I agree that we now have an opportunity to work with the Key, and to look at this agreement after the first year and see if it's something that can be changed, modified, you know, made more beneficial. And certainly, we have to monitor how it affects our residents, as well; the light and the sound, and of course, the ecological concern I think are appropriate concerns; that we have to monitor all those things. So any time there's a major event of this magnitude, certainly, all those things have to be monitored. City of Miami Page 132 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Thank you, Mr. Mayor. Vice Chair Russell: Thank you. Chair Hardemon: Roll call vote. Mr. Hannon: Roll call on Item PH.4. Commissioner Gort? Commissioner Gort: Yes. Mr. Hannon: Commissioner Reyes? Commissioner Reyes: Yes. Mr. Hannon: Vice Chair Russell? Vice Chair Russell: No. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Well, let me briefly explain my vote, and I don't think I've done that for the last 20 years, and I've been back after 16 years. I think the way that this was handled was horrendous. The way that this was negotiated for our side is scary, because with the major projects that we have coming up, if this is a sign of how they're going to be negotiated, we're in trouble. And at least from one vote up here, I'm not going to allow those kind of negotiations. You saw tonight that from what was negotiated to what we ended up with was major difference, and I don't get paid those big bucks to negotiate that way. But I do have a lot of concerns from the ecological point of view, from the noise effects that this could have on our own residents on Brickell Avenue, our other neighbors in Miami Beach at Fisher Isle. There's a lot of questions. This contract is not the kind of contract that I would have signed off on, if I would have been negotiating it from the start. Having said that, I going to come right back and another go round is going to happen at Bayfront Park. And while I want to be as neighborly as I can with the residents of Key Biscayne, I need to protect our residents in the City even more so. Having said that, my vote is your act together, and we have security concerns, if people get hurt in these three days, if we have a traffic mess, and if we have noise hitting Brickell or Fisher Isle, -- not one day, like you had in the contract -- t a fight this off again from Bayfront Park. The residents of Biscayne and the people that have offices there have gone through enough, and I owe that to them. So I vote Mr. Hannon: Chair Hardemon? Chair Hardemon: Time is of the essence when it comes to helping Rapture secure another venue, and I expect to hear something from you very soon. I don't want any dragging of your feet. So before this next meeting that we have, I expect to hear something; and if not by that meeting, we should hear something. And I expect both parties to be working with each other for their best interest. So time is of the essence, and I want that to be very clear. Mr. De Grandy: Sir, we'll start right away. City of Miami Page 133 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Thank you very much. My vote is in the affirmative. Motion carries. Mr. Hannon: 4-1, as amended. Commissioner Reyes: I just want to say some -- to Ultra, just remember, do the things right, because it's revocable, okay? Chair Hardemon: Pocket items. Ms. Méndez: Chairman, because of the time constraints, I'm going to have outside counsel brief each one of you individually. Chair Hardemon: Okay. Ms. Méndez: Okay? Thank you. Chair Hardemon: All right. So what we'll do is a 10-minute recess, and then we'll come back to handle your items. PH.5 RESOLUTION 5056 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Commissioners VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, and Mayor 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 SECTIONS 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED D 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 AFFORDABLE/WORKFORCE RENTAL HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, THE CITY OF MIAMI ("CITY") OWNED PARCELS OF LAND LOCATED AT 1320 NORTHWEST 61 STREET AND 1370 NORTHWEST 61 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN CHED AND INCORPORATED MANAGEMENT CORP., A FLORIDA COR"), FOR THE DEVELOPMENT OF AFFORDABLE/WORKFORCE RENTAL HOUSING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PURCHASE AND SALE AGREEMENT(S) FOR EACH PARCEL AND ANY AND ALL OTHER NECESSARY DOCUMENTS, IN FORM(S) ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, TO TRANSFER THE RESPECTIVE PARCELS TO THE DEVELOPER IN ORDER TO RECOUP RESTRICTED FUNDS AS AND IF APPLICABLE AND IN COMPLIANCE WITH THE REQUIREMENTS UNDER THE UNITED STATES INTERNAL REVENUE CODE OF 1986, AS AMENDED. ENACTMENT NUMBER: R-18-0506 City of Miami Page 134 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PH.5, please see "End of Consent Agenda." END OF PUBLIC HEARINGS City of Miami Page 135 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 4928 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, Commissioners FLORIDA, AS AMENDED D "MOTOR and Mayor VEHICLES AND TRAFFIC/VALET PARKING," MORE PARTICULARLY BY AMENDING SECTION 35-312 OF CITY CODE, ENIAL, REVOCATION, OR SUSPENSION OF PERMIT; REMOVAL OF EQUIPMENT OR PERSONAL PROPERTY OF THE PERMITTEE/OPERATOR AND ROVIDE FOR THE ESTABLISHMENT OF ADDITIONAL PENALTIES, FOR FAILURE TO PROPERLY PAY AND/OR REPORT FEES FOR VALET PARKING OR OPERATIONAL FEES FOR PARKING FACILITY SURCHARGES OR FAILURE TO SUBMIT ACCURATE RECORDS AND/OR FAILURE TO ALLOW EXAMINATION OF RECORDS OR OTHERWISE FULLY COMPLY WITH THE REGULATIONS PURSUANT TO THE CITY KING ORDINANCE REQUIREMENTS, INCLUDING TREBLE PAYMENT OF FEES; DENIAL, REVOCATION, OR SUSPENSION OF THE PERMIT, CERTIFICATE OF USE, TEMPORARY CERTIFICATE OF USE, AND/OR BUSINESS TAX RECEIPT FOR UP TO TWO (2) YEARS; AND/OR DEBARMENT PURSUANT TO THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13809 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: (INAUDIBLE) 15, 2018 meeting of the Miami City Commission back into order. Mr. Assistant City Attorney, I need you to do me the favor of reading SR.1 into the record. Rafael Suarez-Rivas (Senior Assistant City Attorney): Mr. Chair, SR.1 is an ordinance -- The Ordinance was read by title into the public record by Senior Assistant City Attorney Rafael Suarez-Rivas. Chair Hardemon: Thank you very much. Chair Hardemon: The Chair would like to entertain a motion to approve the SR (second reading) agenda and the remainder of the FR (first reading) agenda. City of Miami Page 136 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Victoria Méndez (City Attorney): Chairman, there are some changes, I believe, to some of these items, so if we can -- Chair Hardemon: So whatever those are, let's make sure they're on the record. What changes do you have that you want to make known for the record? Ms. Méndez: I believe for SR.1 -- Commissioner Reyes: Mr. Chair? Chair Hardemon: You're recognized. Commissioner Reyes: I have a friendly amendment for SR.2, and when we are only limiting the use of the park by 85 percent, we are placing a constraint on the park, but what I want to do is that to include a waiver that the Commission be able to waive the use of the park if -- for a special event; if we have a special event that we are bringing into the City of Miami, like, for example, we have the Super Bowl or anything like that, and then we have to use it, where they would come in front of the Commission, and then we will waive that 85 percent; give us the flexibility to do it. That's a friendly amendment. Commissioner Carollo: That's fine, Commissioner. Just so you'll understand, when we came up with the 85 percent, we had even included the Ultra time back then. Commissioner Reyes: Yes, sir. Commissioner Carollo: I don't know if within the friendly amendment you want to include a percentage or not. Commissioner Reyes: Just the special events. Commissioner Carollo: Okay. All right. Commissioner Reyes: That at a special event that we are bringing -- I mean, things that happen. Probably -- Commissioner Carollo: Okay. Commissioner Reyes: -- we're going to have a Super Bowl -- Commissioner Carollo: It's a one in a year -- once-in-a-year event. Commissioner Reyes: Once-a-year event. Commissioner Carollo: Not a multi event. Okay. Commissioner Reyes: No, no, it's not going to be every week, a special event. Chair Hardemon: It's depending on how small it is. Ms. Méndez: So the -- Commissioner Reyes: That's right. Chair Hardemon: It could be a small one that's -- you know. Commissioner Reyes: That's right. City of Miami Page 137 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Ms. Méndez: -- language that was proposed to amend this would be: The reservation of park use may be reduced or waived by the City Commission for temporary events or specific events when the City Commission determines such reduction or waiver is in the best -- in the City's best interest. Commissioner Reyes: It is of the best interest. Chair Hardemon: Okay, no problem. Commissioner Carollo: All right. Vice Chair Russell: Fine. Chair Hardemon: Is there any other item that needs to be amended or --? Commissioner Carollo: No. Let -- Vice Chair Russell: Mr. Chairman, a question or clarification on that same one, SR.2. With regard to the 85 percent, is it clear to the City Administration as to what will define a day that does or does not attribute to that moratorium? If -- does it involve entire park closure or public access? What event would trigger one of those days to be checked off? Ms. Méndez: The way that the trust has been in theory practicing this is that if it is fenced off and does not allow access that that would be -- Vice Chair Russell: That counts as a day. Ms. Méndez: -- a closure that would count. Commissioner Carollo: Yeah. I don't think we're ever going to get there, because even with Ultra not being there now, we have a lot of room left to meet the 85 percent, so, you know, I'll go along with the wish -- will of the Commission. Chair Hardemon: Okay. Is there any other question or amendment to any other item from the SR agenda or the FR agenda? Ms. Méndez: On the SR, there is another change proposed for SR.1, I believe. One second. Commissioner Reyes: Well, that's -- Commissioner Carollo: I'd like to -- Commissioner Reyes: We already voted that. Vice Chair Russell: SR, we have not voted yet. Commissioner Carollo: -- pull SR.4 until I see the signature of the Manager for some additional things that he had said he would do at the same time. Ms. Méndez: On the SR item, on the SR.1, the amendment that is being proposed is in Section "C." It shall read: Upon finding of a violation by the Director, based on Subsection (a)(6) herein, and a finding of guilt after a hearing before Code Enforcement Board, pursuant to Chapter 2, Article 10 of the City Code, the permittee/operator shall pay treble fees, shall have its permits, certificate of use, temporary certificate of use, and/or BTR (Business Tax Receipt) denied, revoked, or City of Miami Page 138 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 suspended for a period of two years. So it's not discretionary as to the suspension. The suspension will be two years. So that was the change that is being proposed to this ordinance. Vice Chair Russell: So we're pulling SR.4 and doing all the rest? Is that the plan? Commissioner Carollo: On the SRs. You said SR, Chairman, and what else we are taking? Vice Chair Russell: FR. Chair Hardemon: SR and the FR agenda. So SR.1 and 2 -- Commissioner Carollo: And the FR. Let me -- Emilio T. Gonzalez (City Manager): If I may, sir, Commissioner Carollo, I believe you're alluding to the conversation we had about marinas and marina fees. That memo is completed. The study has been done. We're scheduling a meeting with the local folks here to explain to them -- particularly the ones that live there -- what we're doing and why we're doing it. But rest assured, sir, that we know -- we're moving forward on that. And that meeting will probably be next week. Commissioner Carollo: I'm glad. So then we'll bring them both together then in December. Mr. Gonzalez: Sir? Commissioner Carollo: Then we'll bring them both together in December, so. Ms. Méndez: Chairman, I wanted to clarify. Did you also have the FRs included in your --? Chair Hardemon: Yes. Ms. Méndez: Okay. Chair Hardemon: So there's no motion yet. I'm awaiting the motion to approve SR.1, 2, 3 and FR.2 and 3. Commissioner Carollo: And the FRs. Commissioner Reyes: Okay. Ms. Méndez: The FR.2, I wanted the record to reflect on FR.2 that Commissioner Carollo is also a sponsor for this item. It was an oversight through my office that he wasn't listed as a sponsor along with Mayor Suarez and Mayor -- and Commissioner Manolo Reyes. Chair Hardemon: Okay. Commissioner Carollo: Okay. We're -- I appreciate that. That's -- thank you. Chair Hardemon: Is there a motion to approve? Vice Chair Russell: I will make the motion on SR.1, 2, 3, and FR.2 and 3. City of Miami Page 139 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: It's been properly moved; seconded by the Chair. Any further discussion? Commissioner Reyes: No. Chair Hardemon: Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? The motion carries. Mr. Hannon: And again, SR.1 and SR.2 are amended. Commissioner Carollo: Right. Vice Chair Russell: As amended, yes. Commissioner Carollo: Okay. Chair Hardemon: Okay. SR.2 ORDINANCE Second Reading 4894 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE III/SECTION 38-113 OF THE CODE OF Commissioners THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED and Mayor N/BAYFRONT PARK MANAGEMENT TRUST/RESERVATION OF PARK RESERVATION OF FREE ACCESS PARK USE BY THE GENERAL PUBLIC TO EIGHTY-FIVE PERCENT (85%), REMOVING THE RESERVATION OF EXCLUSIVE USE BY THE BAYFRONT PARK TRUST, ;AND EXCLUDING SPECIAL PURPOSE FACILITIES, SUCH AS THE AMPHITHEATER AND VESSEL DOCKS, AND CONTRACTS ENTERED INTO PRIOR TO THE EFFECTIVE DATE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13810 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item SR.2, please see "Public Comment Period for Regular Item(s)" and Item SR.1. Chair Hardemon: Can you please read SR.2 into the record -- or have the City Attorney read it into the record? She reads a bit quicker than you do. Rafael Suarez-Rivas (Senior Assistant City Attorney): Yes, we'll read SR.2 into the record. An ordinance -- SR.2. City of Miami Page 140 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 The Ordinance was read by title into the public record by Senior Assistant City Attorney Rafael Suarez-Rivas. Chair Hardemon: Thank you, sir. SR.3 ORDINANCE Second Reading 4979 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, Commissioners FLORIDA, AS AMENDED D "PARKING and Mayor FACILITIES SURCHARGE," MORE PARTICULARLY BY AMENDING SECTION 35-347 OF THE CITY CODE, TITLED E TO COMPLY; PENALTITHE ESTABLISHMENT OF ADDITIONAL PENALTIES FOR FAILURE TO PROPERLY COLLECT OR REMIT THE SURCHARGE, FOR FAILURE TO MAINTAIN OR SUBMIT ACCURATE RECORDS, FOR FAILURE TO ALLOW EXAMINATION OF RECORDS, OR FOR FAILURE TO FULLY COMPLY WITH THE REGULATIONS PURSUANT TO THE CITY OF MIAMI'S PARKING FACILITIES SURCHARGE ORDINANCE, INCLUDING TREBLE PAYMENT OF FEES; DENIAL, REVOCATION, OR SUSPENSION OF THE PERMIT, CERTIFICATE OF USE, TEMPORARY CERTIFICATE OF USE, AND/OR BUSINESS TAX RECEIPT FOR UP TO TWO (2) YEARS; AND/OR DEBARMENT PURSUANT TO THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13806 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 additional minutes referencing Item SR.3, please see Item SR.1. Chair Hardemon: Can you read SR.3 into the record? Rafael Suarez-Rivas (Senior Assistant City Attorney): Yes. One -- yes. The Ordinance was read by title into the public record by Senior Assistant City Attorney Rafael Suarez-Rivas. Chair Hardemon: Thank you, sir. City of Miami Page 141 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 SR.4 ORDINANCE Second Reading 4588 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, Off-Street Parking FLORIDA, AS AMENDED, ES AND Board/Miami TRAFFIC/PARKING RATEY BY Parking Authority AMENDING SECTIONS 35-191 THROUGH 35-196 TO UPDATE RATES AND FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item SR.4 was continued to the December 13, 2018 Regular Commission Meeting. For additional minutes referencing Item SR.4, please see "Public Comment Period for Regular Item(s)." Chair Hardemon: Please read SR.4 into the record. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Thank you. Commissioner Reyes: Chair, Mr. Chairman, SR.4 has to do with increase in parking fees? Commissioner Carollo: Yep. Commissioner Gort: Yes. Chair Hardemon: That's the one that Commissioner Carollo seems to want to continue to -- Commissioner Reyes: And you are requesting in that while I have my reservations about it. I don't want to include it, because my vote is going to be "no." Chair Hardemon: Okay. Commissioner Carollo: Okay. Chair Hardemon: So is there a motion to continue it to December? Commissioner Carollo: It's a motion to continue it to December. Chair Hardemon: Properly moved. Commissioner Reyes: Okay. City of Miami Page 142 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Seconded by Commissioner Reyes. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: That motion carries. Okay. END OF SECOND READING ORDINANCES City of Miami Page 143 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 4980 AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER Commissioners 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL," BY ESTABLISHING A NEW SECTION 38-20, TITLED "NAMING OF MAURICE A. FERRÉ PARK;" MORE SPECIFICALLY BY RENAMING THE PARK LOCATED AT 1095 BISCAYNE BOULEVARD, MIAMI, FLORIDA, ALSO KNOWN AS BICENTENNIAL PARK OR MUSEUM PARK, THE "MAURICE A. FERRÉ PARK" AND DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF SAID PARK. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item FR.1, please see "Order of the Day" and "Public Comment Period for Regular Item(s)." Chair Hardemon: I'd like to ask if we have an Assistant City Attorney that can step to the -- Victoria Méndez (City Attorney): Yes. Chair Hardemon: -- microphone? I'd like to ask that you read into the record the first reading, FR.1. Have that read into the record, please. FR.1. Commissioner Gort: What's the name of the park? The Ordinance was read by title into the public record by the City Attorney. Ms. Méndez: But I believe that you had changes or amendments to the -- Commissioner Carollo: We do. Ms. Méndez: -- draft. Commissioner Carollo: If we could leave it as Maurice Ferré Park, and take the reference out of "Museum Park." Commissioner Reyes: Commissioner Gort? Chair Hardemon: Commissioner Gort. Commissioner Gort: Okay. First of all, this is sponsored by all of us, all the -- Commissioner Reyes: All of us. City of Miami Page 144 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Gort: -- Commissioners and the Mayor. And I present this item today in recognition to a person who has served this community for decades. He began his distinguished public career as a Florida Legislator in 1967, and soon after, continued his work as a City of Miami Commissioner and a City of Miami Mayor for six terms. The (UNINTELLIGIBLE) that he was instrumental in the creation of Bicentennial Park, the purchase of the land where the American Airline Arena is today, the development of Bayfront Park and the initial conceptual work of what today is the port; the tunnel and the port. Furthermore, Maurice Ferré served as Chairman of the Downtown Development Authority for 12 years and spent over $3 billion on investment and construction. He was instrumental in bringing international banking into Miami and Brickell Avenue. He was instrumental in being recognized (UNINTELLIGIBLE). For that reason, he served as a Commissioner and Vice Chairman of the Miami-Dade County Expressway Authority and the County Commissioner and Transportation Commissioner for eight years. He's an institution of our community, and I'm honored to be presenting this resolution today. I'm also -- so move it. Chair Hardemon: Wait, wait before you move anything. I want to recognize Commissioner Reyes. Commissioner Reyes: And Commissioner Gort, you didn't include the International Trade Fair of the Americas; that he was the -- I mean, the sponsor of that, and he was instrumental on that fair that -- I mean, catapult Miami as a international trade base for Latin America, you see. Commissioner Gort: Which today is the Hemispheric Congress. Commissioner Reyes: Today it's the Hemispheric Congress. Chair Hardemon: Commissioner Carollo. Commissioner Carollo: If I could say a few words. Thank you, Chair. When you say "Miami," you really can't say "Miami" without mentioning Maurice Ferré. Commissioner Reyes: Absolutely. Commissioner Carollo: I cannot think of any one elected official that has ever gone and passed through here that has made the impact in our City that Maurice Ferré has. You talk about a man of vision, that's Maurice Ferré. You talk about someone that goes out and got things accomplished, that was him. The redevelopment of downtown Miami began with his ideas. He's the one that knew that to get that moving in downtown Miami, we had to bring the Hyatt to do a hotel there, and for the City to put up the dollars to do the Knight Center, because we needed it. He's the guy that sat down with Ted Gould so that when there was no one that wanted to build in downtown Miami, he got Ted Gould to come and build the Intercontinental Hotel and the (UNINTELLIGIBLE) Building next door, the office building. And you look at that building, and that building looks like it's new. And it goes back to the early '80s, because he brought someone that knew how to build with class a building that would look modern and new for decades to come. Bayfront Park, which Museum Park is -- as we still know it, until we vote -- is part of it. The modern Bayfront Park that we have, that's thanks to Maurice Ferré, also. He's the one that brought Noguchi to Miami. He convinced him to come; someone that was known worldwide for creating parks, that everybody wanted him to do their park, and it was Ferré that convinced him to come and do our park. I can go on and on in the area of international trade. My God, he was at the forefront, in the back and both sides. And back in those days, there wasn't a single President anywhere in the hemisphere that didn't know who Maurice Ferré was. So for that and so many reasons, I am so City of Miami Page 145 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 proud to be able to name this park Maurice Ferré Park. And I'm also extremely proud that in my coming back after 16 years, it was Maurice that swore me in. And appropriately, I wanted to finish the cycle that I began with him. I wanted to finish with him so that he could be at my side when I got sworn again as an elected official of the City of Miami. I learned a tremendous amount from him when I started. I was 24 years old, and he taught me a lot. And I will say that probably that eye that I have for vision, also, I got to thank Maurice Ferré, because I'd learned a tremendous amount from him on government and many other areas. Chair Hardemon: Okay. So this is what I want to -- Commissioner Reyes: Can I say just one word? Chair Hardemon: Okay. Commissioner Reyes: A couple of words. You see, when I graduated from the University of Florida, I came to work in Miami, and my first job was as a budget analyst. And at that time, all the offices were in -- you remember that, and I remember you when you were working for him. And Maurice always was a visionary; he was a man of vision. I remember when he -- every time that he started -- whenever -- most of the travels that he did, he brought a new idea. I remember he talked about building a Tivoli-type park of Watson Island. At the time, many people thought that it was a crazy idea. And looking now, you look back now, and it could have been a great idea, you see. Now we have Watson Island that nothing has been built there. I remember when he started trying to develop Brickell Avenue. He knew that that was important. And it was -- more than that, it was important to bring banks, edge banks; trying to bring all type of financial institutions to South Florida so we could become the International Trade Center that we are now; the Trade (UNINTELLIGIBLE) of the Americas and all that. And as Rosario -- Commissioner Kennedy said, I, too, was an admirer of Maurice. And up to this date, you know, that took me so long to get here, and up to this date, I still think, "What would Maurice do in this case?" you see. It's an honor to be here and vote in favor of naming the -- this park on his name. It's a very well-deserved honor. Chair Hardemon: Mr. Vice -- Commissioner Reyes: And Maurice, if you are watching, good health to you. Chair Hardemon: -- Chairman. Vice Chair Russell: Thank you, Mr. Chairman. I'll be brief, and I'll try not to be emotional. I met Mayor Ferré, not as a Mayor, but as a neighbor, when I was knocking doors, running for office. I didn't know it was his house. His wife answered the door. They asked me a lot of questions. They took my sign and they put it in their yard, and they wrote a check to my campaign. Mayor Ferré then spoke at my swearing-in ceremony, and I was very touched. And he's been a mentor to me since then. Several months ago, we started looking at ideas of things that we might commemorate to name after Mayor Ferré, whether it would be a street or a park, and he got wind of it. And he called me and he said, "No, don't do it. It would be very crass of me to still be alive and be at a naming ceremony for some park after me, and I don't want it," so we stopped. And when I heard that Commissioner Gort was bringing this forward, of course, I'm in absolute support, but I was nervous about how he would react. And I saw him at an event, and I asked him. I didn't --I said, "Are you open to this now?" And he says, "Well, I'm not that far away, so" -- "to the pearly gates, so go ahead. And just don't tell me about it, and surprise me, or whatever." And I do wish him all the best of health, to him and his family. I want to see him live to see Museum Park to its full potential. I want to see him live to see Puerto Rico become a State, which is his dream; so many things. And I welcome his advice always in my career. City of Miami Page 146 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Mr. Mayor, you want to add a word? Mayor Francis Suarez: I just want to say very briefly that this is an honor befitting the man. And Maurice, as was mentioned by all of you, was not a person of the past. He was a person of the future. He always focused on the future. He always focused on tomorrow, and how Miami could be better tomorrow. And so, whether it's transportation, whether it was Brickell, whether it was parks, whatever the issue was, it was always about tomorrow. And I think what's amazing about this gesture that you all are about to take is that it's going to be a reminder for every tomorrow of his legacy. Every single tomorrow we will have a place to be able to think about what kind of tomorrow Maurice would want for this amazing city that he loved and dedicated his life to serving. Thank you. Chair Hardemon: Seeing no further discussion, is there a motion? Commissioner Gort: Yeah, I moved it. Commissioner Carollo: Motion by Commissioner Gort; second by me. Chair Hardemon: Properly moved and seconded. All in favor, say "aye." Todd B. Hannon (City Clerk): Chair? The Commission (Collectively): Aye. Mr. Hannon: Chair, we're -- put on the record the name of the park? Chair Hardemon: Motion passes. Commissioner Carollo: Maurice Ferré Park. Mr. Hannon: Understood; as amended. Chair Hardemon: All right. Now -- Ms. Méndez: Was there a middle initial? Commissioner Gort: Yeah. Ms. Méndez: I believe it was Maurice -- Unidentified Speaker: "A." Ms. Méndez: -- A. Ferré -- Commissioner Gort: A. Ferré. Commissioner Carollo: Yeah, A. Ferré Park. Ms. Méndez: -- Park. Commissioner Gort: And also, I would like -- my understanding, part of the family and some of the people that worked very close to him would like to be part of the design of the signage. That'd be Lili Ferre, (UNINTELLIGIBLE) Rodell and Emilio (UNINTELLIGIBLE) to work with you all. City of Miami Page 147 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Ms. Méndez: Okay. And -- Chair Hardemon: We got one more reading. Ms. Méndez: -- Mr. Clerk -- yes. That's what I wanted to confirm. Chair Hardemon: Okay. Ms. Méndez: The second reading, Mr. Clerk, can be December 13? Chair Hardemon: Yes. Mr. Hannon: Yes. Commissioner Carollo: Could we do an emergency hearing on this? Chair Hardemon: There's no need necessary to do an emergency hearing on it. Commissioner Carollo: Well, I'd just like to get it done already. Commissioner Gort: I've been asked if you have. Chair Hardemon: The findings may be a little difficult. Ms. Méndez: Right. It doesn't qualify as an emergency, but December 13 is just around the corner. Commissioner Carollo: All right. Chair Hardemon: Okay. Ms. Méndez: Thank you. FR.2 ORDINANCE First Reading 5001 AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING CHAPTER 35/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, Commissioners FLORIDA, AS AMENDED, ES AND and Mayor TRAFFIC/DANGEROUS IN DEAUTHORIZING THE INSTALLATION AND UTILIZATION OF TRAFFIC INFRACTION DETECTORS, COMMONLY REFERRED TO AS THE CITY OF MIAMI RED LIGHT CAMERA PROGRAM, AND RELATED LOCAL HEARINGS AND LOCAL HEARING OFFICERS. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item FR.2, please see Item SR.1. Chair Hardemon: Can you please read FR.2 into the record? City of Miami Page 148 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Victoria Méndez (City Attorney): FR.2? Chair Hardemon: Yes. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Thank you. FR.3 ORDINANCE First Reading 5106 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, Commissioners FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN and Mayor GENERAL," BY ESTABLISHING A NEW SECTION 38-21, TITLED "NAMING OF FACILITIES AT MOORE PARK," THEREBY NAMING THE TRACK AND FIELD AT MOORE PARK THE "JESSE L. HOLT, JR. TRACK AND FIELD COMPLEX;" CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item FR.3, please see Item SR.1. Chair Hardemon: Can you please read FR.3 into the record? The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Thank you. END OF FIRST READING ORDINANCES City of Miami Page 149 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 RE - RESOLUTIONS RE.1 RESOLUTION 4049 MAY BE DEFERRED Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING Attorney AND RATIFYING NUNC PRO TUNC THE ADDITION OF BICON, INC., DOING BUSINESS AS S & S NATIONAL WASTE, INC., A -EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT DATED JULY 1, 2016, PURSUANT TO REQUEST FOR QUALIFICATIONS ADDITIONAL QUALIFIED VENDORS TO PROVIDE AND MAINTAIN THE SAME LEVEL OF COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN THE CITY, FOR AN INITIAL TERM OF FIVE (5) YEARS, WITH THREE (3) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes Note for the Record: For minutes referencing Item RE.1, please see "Order of the Day" and "End of Consent Agenda." RE.2 RESOLUTION 4725 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Department of ACCEPT A DONATION OF TWO (2) SOCCER MINI PITCHES Parks and ICH HAVE AN ESTIMATED TOTAL VALUE Recreation OF ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000.00) AND ARE TO BE INSTALLED, FROM THE UNITED STATES SOCCER FEDERATION FOUNDATION, INC., A FOREIGN NOT FOR PROFIT CORPORATION ("FOUNDATION") IN JUAN PABLO DUARTE PARK; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN ACCESS, INSTALLATION, AND RELEASE AGREEMENT AND ANY AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID DONATIONS. ENACTMENT NUMBER: R-18-0507 City of Miami Page 150 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.2, please see "End of Consent Agenda." RE.3 RESOLUTION 4922 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON MAY 15, 2018, PURSUANT TO Department of GSA INVITATION FOR BID NO. 708382, FOR ORIGINAL EQUIPMENT and Department of MANUFACTURER ("OEM") & AFTERMARKET VEHICLE PARTS, Fire Rescue SERVICES, AND REPAIRS FOR CITY OF MIAMI ("CITY") VEHICLES FROM VARIOUS VENDORS, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND THE DEPARTMENT OF FIRE-RESCUE, FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE USER DEPARTMENTS, THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND THE DEPARTMENT OF FIRE-RESCUE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING ADDITIONAL VENDORS TO BE ADDED TO THE CONTRACT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI-DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0508 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.3, please see "End of Consent Agenda." City of Miami Page 151 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 RE.4 RESOLUTION 3866 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Office of Capital ACCEPT FUNDS IN THE TOTAL NOT TO EXCEED AMOUNT OF Improvements $308,526.61, WITH FUNDS TO BE APPROPRIATED BY SEPARATE RESOLUTION(S), FROM THE COCONUT GROVE BUSINESS IMPROVEMENT A BOARD OF THE CITY OF MIAMI, FLORIDA, FOR THE COCONUT GROVE SIDEWALKS PROJECT NO. 40-B30687 OR THE PURPOSE OF IMPLEMENTING THE REQUESTED MODIFICATIONS INTO AUTHORIZING THE CITY MANAGER TO EXECUTE THE FUNDING ACCEPTANCE AND ACKNOWLEDGEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes Note for the Record: For minutes referencing Item RE.4, please see "Order of the Day" and "End of Consent Agenda." City of Miami Page 152 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 RE.5 RESOLUTION 4915 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE Office of Capital PROFESSIONAL SERVICES AGREEMENTS WITH ALLEGUEZ Improvements ARCHITECTURE, INC., CARTY ARCHITECTURE, LLC, R.E. CHISHOLM ARCHITECTS, INC., DIAZ, CARREÑO, SCOTTI & PARTNERS, INC., FERGUSON GLASGOW SCHUSTER SOTO, INC., GURRI MATUTE, P.A., LEO A. DALY COMPANY, M.C. HARRY & ASSOCIATES, INC., RODRIGUEZ AND QUIROGA ARCHITECTS CHARTERED, AND WOLFBERG/ALVAREZ AND PARTNERS, INC. FOR THE PROVISION OF ARCHITECTURAL SERVICES FOR MISCELLANEOUS PROJECTS, FOR ADDITIONAL WORK IN AN AMOUNT NOT-TO-EXCEED $500,000.00 FOR EACH FIRM, THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM $500,000.00 TO AN AMOUNT NOT-TO-EXCEED $1,000,000.00 EACH; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH EACH FIRM, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S ("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-18-0509 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.5, please see "End of Consent Agenda." City of Miami Page 153 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 RE.6 RESOLUTION 4916 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE Office of Capital PROFESSIONAL SERVICES AGREEMENTS WITH MOFFATT & Improvements NICHOL, INC., COASTAL SYSTEMS INTERNATIONAL, INC., T.Y. LIN INTERNATIONAL, AND APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC., FORMERLY CB&I ENVIRONMENTAL & INFRASTRUCTURE, FOR THE PROVISION OF MARINE AND COASTAL ENGINEERING SERVICES, FOR ADDITIONAL WORK IN AN AMOUNT NOT-TO-EXCEED $250,000.00 FOR EACH FIRM, THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM $750,000 TO AN AMOUNT NOT-TO-EXCEED $1,000,000 EACH; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH EACH FIRM, IN SUBSTANTIALLY THE ATTACHED FORM; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, (CITY CODE), INCLUDING, THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI-DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0510 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.6, please see "End of Consent Agenda." City of Miami Page 154 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 RE.7 RESOLUTION 4947 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE Department of 8 JUSTICE AND MENTAL HEALTH Police COLLABORATION PROGRAGRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE IN THE AMOUNT OF $750,000.00 TO PROVIDE FUNDING FOR THE PLANNING AND IMPLEMENTATION OF A MENTAL HEALTH PROGRAM IN AN EFFORT TO ADDRESS MENTAL ILLNESS OR CO-OCCURRING MENTAL ILLNESS AND SUBSTANCE ABUSE IN THE CITY OF MIAMI ("CITY"), WITH CITY MATCHING FUNDS IN THE AMOUNT OF $285,291.00, TO COVER THE COST OF TRAINING ONE THOUSAND TWO HUNDRED (1,200) SWORN OFFICERS AND A PROGRAM DIRECTOR; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. ENACTMENT NUMBER: R-18-0511 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.7, please see "End of Consent Agenda." City of Miami Page 155 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 RE.8 RESOLUTION 4948 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE Department of 8 COMPREHENSIVE OPIOID ABUSE Police SITE-STING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE IN THE AMOUNT OF $883,586.00 WITH MATCHING FUNDS FROM THE CITY OF MIAMI ("CITY") IN THE AMOUNT OF $122,569.00 TO PROVIDE FUNDING IN AN EFFORT TO ADDRESS THE OPIOID EPIDEMIC IN THE CITY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. ENACTMENT NUMBER: R-18-0512 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.8, please see "End of Consent Agenda." RE.9 RESOLUTION 5033 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE CITY Office of the City CLERK'S CERTIFICATION OF THE CANVASS AND Clerk DECLARATION OF THE RESULTS FOR THE AFFIDAVIT PROCESS CONDUCTED PURSUANT TO RESOLUTION NO. 18- 0294 DURING THE PERIOD OF JULY 13, 2018 THROUGH OCTOBER 15, 2018 FOR THE RE-ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT. ENACTMENT NUMBER: R-18-0513 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.9, please see "Public Comment Period for Regular Item(s)" and "End of Consent Agenda." City of Miami Page 156 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 RE.10 RESOLUTION 5078 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 170.07, FLORIDA STATUTES, FIXING THURSDAY, Commissioners JANUARY 10, 2019, AT 2:30 P.M. AT MIAMI CITY HALL, LOCATED and Mayor AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133, AS THE TIME AND PLACE AT WHICH THE OWNERS OF THE PROPERTIES TO BE ASSESSED FOR THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT ("BID"), PURSUANT TO THE PRELIMINARY ASSESSMENT ROLL IDENTIFIED IN RESOLUTION NO. 18-0294 ADOPTED JULY 12, 2018, AND ON FILE WITH THE CITY OF MIAMI CLERK'S OFFICE OR ANY OTHER PERSONS INTERESTED THEREIN, TO APPEAR BEFORE THE MIAMI CITY COMMISSION AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF STABILIZING AND IMPROVING THE BID, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFORE, AND AS TO THE AMOUNT THEREOF TO BE ASSESSED AGAINST EACH PROPERTY SO IMPROVED, AS SET FORTH IN RESOLUTION NO. 18-0294. ENACTMENT NUMBER: R-18-0490 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.10, please see "Public Comment Period for Regular Item(s)" and "End of Consent Agenda." RE.11 RESOLUTION 4864 A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, Commissioners FLORIDA, AS AMENDED RIZING THE and Mayor ALLOCATION OF GRANT FUNDS FROM THE MAYOR -POVERTY INITIATIVE ("API"), IN A TOTAL AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00), TO BABSON COLLEGE CORPORATION, A FOREIGN NOT FOR PROFIT CORPORATION ("BABSON"), ON BEHALF OF THE WOMEN INNOVATING NOW LAB ("LAB"), IN GENERAL PROGRAMMING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0514 City of Miami Page 157 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.11, please see "End of Consent Agenda." RE.12 RESOLUTION 3883 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND Department of Fire- EXECUTE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO Rescue THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND 3401 FUSTAN LLC, A FLORIDA LIMITED LIABILITY CORPORATION, FOR THE USE OF APPROXIMATELY 7,200 SQUARE FEET OF OFFICE SPACE LOCATED AT 3401 NORTHWEST 7 STREET, MIAMI, FLORIDA 33125 BY THE CITY'S FIRE-RESCUE DEPARTMENT WITH A MONTHLY RENTAL FEE OF $13,200.00 ($22.00 PER SQUARE FOOT) FOR A PERIOD OF FIVE (5) YEARS WITH TWO (2) FIVE (5) YEAR OPTIONS TO RENEW; ALLOCATING FUNDS FOR YEAR ONE (1) FROM THE COMPREHENSIVE CANCER PREVENTION PROGRAM, PROJECT NO. 40-B70184, WITH FUTURE FUNDING TO BE ALLOCATED FROM SOURCES TO BE DETERMINED AND SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED. ENACTMENT NUMBER: R-18-0515 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.12, please see "End of Consent Agenda." City of Miami Page 158 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 RE.13 RESOLUTION 4335 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY Department of Real MANAGER TO EXECUTE A TEMPORARY ACCESS AND HOLD Estate and Asset HARMLESS/INDEMNIFICATION AGREEMENT ("ACCESS Management AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF HE MIAMI-DADE COUNTY SCHOOL BOARD EREBY THE CITY GRANTS TO THE SCHOOL BOARD TEMPORARY ACCESS RIGHTS TO REMOVE THE PEDESTRIAN BRIDGE CONNECTING MIAMI EDISON SENIOR HIGH SCHOOL LOCATED AT 6101 NORTHWEST 5TH COURT, MIAMI, FLORIDA, THE CITY-OWNED PROPERTY LOCATED AT 525 NORTHWEST 62ND STREET, MIAMI, FLORIDA AND KNOWN AS ATHALIE RANGE PARK, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON-SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item RE.13 was deferred to the January 24, 2019 Planning and Zoning Commission Meeting. Chair Hardemon: Before we -- I guess -- while they're all thinking about that, just something quick. Maybe the Vice Chairman can help me with this. RE.13, the execute access agreement, I want to continue that one to the January -- second -- the second meeting in January, so if we can make a motion for RE.13 to be continued. Vice Chair Russell: Would you like a motion? Chair Hardemon: Yes. Vice Chair Russell: So moved. Chair Hardemon: Seconded by the Chair. Seeing no unreadiness, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: That motion carries. City of Miami Page 159 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 RE.14 RESOLUTION 4968 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING EXECUTION OF A GRANT Department of Real AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, Estate and Asset BETWEEN THE OLYMPIA CENTER, INC., A FLORIDA NOT FOR Management PROFIT CORPORATION (RTY MANAGER OF THE CITY OF MIAMI IA THEATER AND OFFICE BUILDING LOCATED AT 174 FLAGLER STREET, MIAMI, TE OF FLORIDA DEPARTMENT OF STATE DIVISION OF HISTORICAL FOR THE AWARD OF STATE HISTORIC GRANT ASSISTANCE FUNN THE AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO BE USED EXCLUSIVELY FOR THEATER FAÇADE RESTOR THE DEVELOPMENT OF CONSTRUCTION DOCUMENTS SUITABLE FOR BID AND PERMITTING PURPOSES FOR THE RESTORATION OF THE PROPERTY; AUTHORIZING CITY MATCHING FUNDS PREVIOUSLY ALLOCATED FOR THIS PURPOSE VIA THE CITY PROJECT NO. 40-B70100; AUTHORIZING THE CITY MANAGER TO EXECUTE THE RESTRICTIVE COVENANTS REQUIRED BY THE GRANT AGREEMENT WITH THE OLYMPIA AND THE STATE, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PERIOD OF TEN (10) YEARS FROM DATE OF RECORDATION FOR PRESERVATION OF THE HISTORIC QUALITIES OF THE PROPERTY; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, REQUIRING THE ASSIGNMENT OF SAID GRANT AGREEMENT TO THE CITY, SUBJECT TO STATE APPROVAL OF THE SAME, SHOULD THE CITY TERMINATE OR CANCEL THE MANAGEMENT AGREEMENT WITH THE OLYMPIA FOR MANAGEMENT OF THE PROPERTY; FURTHER DETAILING THE REQUIREMENTS FOR THE GRANT FUNDS, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE GRANT AGREEMENT. ENACTMENT NUMBER: R-18-0524 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.14, please see "Public Comment Period for Regular Item(s)" and "End of Consent Agenda." City of Miami Page 160 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 RE.15 RESOLUTION 4949 A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE Department of Real AND SALE AGREEMENT ("AGREEMENT"), IN A FORM Estate and Asset ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY Management D LEBLOND INVESTORS GROUP, LLC ), FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 632 SOUTHWEST 63 AVENUE, MIAMI, FLORIDA ("PROPERTY"), FOR A PURCHASE PRICE OF THREE HUNDRED FIFTY-EIGHT THOUSAND DOLLARS ($358,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) FROM PARKS IMPACT FEES IN THE SHENANDOAH PARK ENHANCEMENT PROJECT NO. B-303304A TO THE OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. B-50568, DISTRICT 4 PARK LAND ACQUISITION, TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE AND RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY ADMINISTRATION TO AM MULTI-YEAR CAPITAL PLAN FOR FISCAL YEAR 2018-2019 ACCORDINGLY. ENACTMENT NUMBER: R-18-0516 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.15, please see "End of Consent Agenda." City of Miami Page 161 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 RE.16 RESOLUTION 5071 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE Department of Real AND SALE AGREEMENT ("AGREEMENT"), IN A FORM Estate and Asset ACCEPTABLE TO THE CITY ATTORNEY, BY A FOUR FIFTHS Management (4/5THS) AFFIRMATIVE VOTE, BETWEEN THE CITY OF MIAMI -FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 2200 SOUTHWEST 9 AVENUE AND 910 SOUTHWEST 22 ROAD, MIAMI, FLORIDA, 33129 (COLLECTIVELY THE "PROPERTY"), FOR A PURCHASE PRICE OF ONE MILLION DOLLARS ($1,000,000.00); ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL IMPROVEMENT 40-B183415, DISTRICT 3 PARK LAND ACQUISITION, IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION THIRTY THOUSAND DOLLARS ($1,030,000.00), TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE AND RELATED APPLICABLE CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION. ENACTMENT NUMBER: R-18-0517 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.16, please see "End of Consent Agenda." City of Miami Page 162 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 RE.17 RESOLUTION 5079 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE Department of Real AND SALE AGREEMENT ("AGREEMENT"), IN A FORM Estate and Asset ACCEPTABLE TO THE CITY ATTORNEY, BY A FOUR FIFTHS Management (4/5THS) AFFIRMATIVE VOTE, BETWEEN THE CITY OF MIAMI R THE ACQUISITION OF REAL PROPERTY LOCATED AT 1211 SOUTHWEST 14 STREET, MIAMI, FLORIDA 33145 ("PROPERTY"), FOR A PURCHASE PRICE OF SIX HUNDRED NINETY FIVE THOUSAND DOLLARS ($695,000.00); ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL IMOJECT NO. 40- B183415, DISTRICT 3 PARK LAND ACQUISITION, IN A TOTAL AMOUNT NOT TO EXCEED SEVEN HUNDRED FORTY THOUSAND DOLLARS ($740,000.00), TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE AND RELATED APPLICABLE CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION. ENACTMENT NUMBER: R-18-0518 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.17, please see "End of Consent Agenda." City of Miami Page 163 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 RE.18 RESOLUTION 5000 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Department of Real EXECUTE A REVOCABLE IN Estate and Asset SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO Management SECTIONS 18-600 AND 18-602 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BETWEEN THE CITY OF MIAMI G PROMOTIONS, INC., A FLORIDA FOR PROFIT CORPORATION (INITIAL PERIOD STARTING JANUARY 14, 2019, AND ENDING MARCH 2, 2019, FOR THE USE OF A PORTION OF CITY OWNED SUBMERGED LANDS LOCATED BETWEEN MACARTHUR CAUSEWAY AND VENETIAN CAUSEWAY AND BETWEEN THE SHORELINE AND THE WESTERN EDGE OF THE INTRACOASTAL WATERWAY MORE PARTICULARLY DESCRIBED IN THE LICENSE, WITH A USE FEE OF FIFTY NINE THOUSAND SEVEN HUNDRED EIGHTY THREE DOLLARS AND 76/100 CENTS ($59,783.76) PER MONTH; SUBJECT TO THE WRITTEN APPROVAL OF THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENTS TRUST FUND; WITH SUCH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE LICENSE. ENACTMENT NUMBER: R-18-0525 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.18, please see Public Comment Period for Regular Item(s)" and "End of Consent Agenda." RE.19 RESOLUTION 4935 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPLICATION FOR A Department of HISTORIC AD VALOREM TAX EXEMPTION, BASED ON THE Planning RECOMMENDATION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, TO ANA MARIA CABALLERO OWNER OF THE PROPERTY LOCATED AT 7320 BISCAYNE BOULEVARD, WITHIN THE MIAMI MODC DISTRICT. ENACTMENT NUMBER: R-18-0519 City of Miami Page 164 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.19, please see "End of Consent Agenda." RE.20 RESOLUTION 5099 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TWO (2) TEMPORARY EVENT LIMITATION PER YEAR FOR Commissioners A PRIVATE PROPERTY PURSUANT TO SECTION 62-521(B)(4) and Mayor OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW THE PROPERTY AT 3701 NORTHWEST 7TH STREET, MIAMI, FLORIDA, TO HOST TEMPORARY EVENTS CONSISTING OF THE SALE OF CHRISTMAS TREES AND SPARKLERS BEGINNING NOVEMBER 20, 2018 AND ENDING DECEMBER 31, 2018. ENACTMENT NUMBER: R-18-0520 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.20, please see "End of Consent Agenda." RE.21 RESOLUTION 5107 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE USE FEE FOR THE MANUEL ARTIME COMMUNITY CENTER Commissioners PURSUANT TO SECTION 38-8 OF THE CODE OF THE CITY OF and Mayor MIAMI, FLORIDA, AS A MANUEL ARTIME COMMUN WAIVING THE CITY OF MIAMI'S POLICE DEPARTMENT AND FIRE- RESCUE DEPARTMENT COSTS REQUIRED PURSUANT TO SECTION 19-9 OF THE CITY CODE, TITLED "SPECIAL OFF-DUTY FIRE-RESCUE SERVICES," AND SECTION 54-6.3(C)(18) OF THE CITY CODE, TITLED "CRITERIA FOR ISSUANCE OF SPECIAL EVENTS PERMIT," IN A TOTAL AMOUNT NOT TO EXCEED $2,500.00 FOR THE MIAMI INTERNATIONAL JAZZ FESTIVAL TO BE HELD ON FEBRUARY 15 AND 16, 2019 AT THE MANUEL ARTIME COMMUNITY CENTER. ENACTMENT NUMBER: R-18-0521 City of Miami Page 165 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.21, please see "End of Consent Agenda." RE.22 RESOLUTION 5025 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING AMENDMENTS TO Office of APPROPRIATIONS RELATING TO OPERATIONAL AND Management and BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING Budget SEPTEMBER 30, 2018. ENACTMENT NUMBER: R-18-0522 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item RE.22, please see "End of Consent Agenda." END OF RESOLUTIONS City of Miami Page 166 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 AC - ATTORNEY-CLIENT SESSION AC.1 ATTORNEY-CLIENT SESSION 5072 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Office of the City CONDUCTED AT THE NOVEMBER 15, 2018 MIAMI CITY Attorney COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC, ET AL. V. CITY OF MIAMI, CASE NO. 17- 13829 CA 44, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY OF MIAMI IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDCAROLLO, AND MANOLO REYES; GONZALO DORTA, ESQ.; MATIAS DORTA, ESQ.; AND LAURA BESVINICK, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE- CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED END OF ATTORNEY-CLIENT SESSION City of Miami Page 167 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 BC - BOARDS AND COMMITTEES BC.1 RESOLUTION 3684 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR Office of the City TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: 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 RESULT: NO ACTION TAKEN City of Miami Page 168 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 BC.2 RESOLUTION 3685 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS Office of the City AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN BC.3 RESOLUTION 4871 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR Office of the City TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Vice Chair Ken Russell Commissioner Joe Carollo RESULT: NO ACTION TAKEN City of Miami Page 169 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 BC.4 RESOLUTION 4251 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE Office of the City FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort City Manager Emilio T. Gonzalez RESULT: NO ACTION TAKEN BC.5 RESOLUTION 5029 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN Office of the City INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Jason Bloch Civilian Investigative Panel (Represents the Mayor) ENACTMENT NUMBER: R-18-0533 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Chair Hardemon: We're about to, soon. Let's run through the -- since this is the last item that we have for the morning agenda, let's go through our boards and committees. Nicole N. Ewan (Assistant City Clerk): BC.5, Civilian Investigative Panel: The Panel has requested confirmation of Jason Bloch as the Mayor's appointee. City of Miami Page 170 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Vice Chair Russell: I'll move it. The Commission (Collectively): Aye. Chair Hardemon: That motion carries. BC.6 RESOLUTION 5030 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS Office of the City DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Allyson Warren Commission-At-Large ENACTMENT NUMBER: R-18-0534 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Nicole N. Ewan (Assistant City Clerk): BC.6, Code Enforcement Board: Commissioner Reyes will be reappointing Allyson Warren as an at-large member. Chair Hardemon: Seconded by the Chair. Commissioner Gort: Second. The Commission (Collectively): Aye. Chair Hardemon: Motion carries. City of Miami Page 171 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 BC.7 RESOLUTION 4833 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI COMMUNITY ADVISORY Office of the City BOARD FOR A TERM AS DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Gustavo Perez Commission-At-Large ENACTMENT NUMBER: R-18-0535 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Nicole N. Ewan (Assistant City Clerk): BC.7, Community Advisory Board: The Board is requesting confirmation of Gustavo Perez. Commissioner Gort: Move it. Commissioner Reyes: Second. Chair Hardemon: Moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. City of Miami Page 172 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 BC.8 RESOLUTION 4744 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS Office of the City AS DESIGNATED HEREIN. Clerk 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 Manolo Reyes Commissioner Manolo Reyes RESULT: NO ACTION TAKEN City of Miami Page 173 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 BC.9 RESOLUTION 4255 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN Office of the City FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Joe Carollo Commissioner Joe Carollo RESULT: NO ACTION TAKEN BC.10 RESOLUTION 4257 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR A TERM Office of the City AS DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Alvaro Lopez Commissioner Joe Carollo ENACTMENT NUMBER: R-18-0536 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Nicole N. Ewan (Assistant City Clerk): BC.10, Education Advisory Board: Commissioner Carollo will be appointing Alvaro Lopez. City of Miami Page 174 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Vice Chair Russell: I'll move it. Chair Hardemon: Moved -- Commissioner Gort: Second. Chair Hardemon: -- seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. BC.11 RESOLUTION 3855 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD Office of the City FOR TERMS AS DESIGNATED HEREIN. Clerk 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 of Miami Page 175 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 BC.12 RESOLUTION 3856 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS Office of the City DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Chair Keon Hardemon Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Joe Carollo City Manager Emilio T. Gonzalez RESULT: NO ACTION TAKEN BC.13 RESOLUTION 1599 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR Office of the City TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN City of Miami Page 176 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 BC.14 RESOLUTION 5037 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL Office of the City PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES/CATEGORIES: NOMINATED BY: Chair Keon Hardemon (Citizen Category 7) Vice Chair Ken Russell (Citizen Category 7) Commissioner Manolo Reyes (Architect Category 1) RESULT: NO ACTION TAKEN BC.15 RESOLUTION 4064 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR Office of the City TERMS AS DESIGNATED HEREIN. Clerk 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 Commissioner Wifredo (Willy) Gort RESULT: NO ACTION TAKEN City of Miami Page 177 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 BC.16 RESOLUTION 5039 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN Office of the City COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Chair Keon Hardemon Chair Keon Hardemon Chair Keon Hardemon Chair Keon Hardemon Chair Keon Hardemon (Youth Member) RESULT: NO ACTION TAKEN BC.17 RESOLUTION 4852 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE OFF-STREET Office of the City PARKING BOARD FOR A TERM AS DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Stephen Nostrand Off-Street Parking Board (At-Large Appointment) ENACTMENT NUMBER: R-18-0537 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Nicole N. Ewan (Assistant City Clerk): BC.17, Off-Street Parking Board: The Board is requesting confirmation of Stephen Nostrand, and I will be submitting into the record the executed resolution from the Board. Vice Chair Russell: Move it. City of Miami Page 178 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: Second. Chair Hardemon: Moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. BC.18 RESOLUTION 4261 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD Office of the City FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Wifredo (Willy) Gort 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 City of Miami Page 179 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 BC.19 RESOLUTION 4396 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD Office of the City FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes RESULT: NO ACTION TAKEN BC.20 RESOLUTION 5042 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE SEA LEVEL RISE COMMITTEE FOR TERMS AS Office of the City DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Vice Chair Ken Russell City Manager Emilio T. Gonzalez RESULT: NO ACTION TAKEN City of Miami Page 180 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 BC.21 RESOLUTION 5043 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN BC.22 RESOLUTION 3693 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME Office of the City COMMITTEE FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission-At-Large Commission-At-Large Commission-At-Large RESULT: NO ACTION TAKEN City of Miami Page 181 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 BC.23 RESOLUTION 3476 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD Office of the City (UDRB) FOR A TERM AS DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Ligia Ines Labrada Commissioner Joe Carollo ENACTMENT NUMBER: R-18-0538 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Nicole N. Ewan (Assistant City Clerk): BC.23, Urban Development Review Board: Commissioner Carollo will be appointing Ligia Labrada. Vice Chair Russell: I'll move it. Chair Hardemon: It's moved; seconded by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. BC.24 RESOLUTION 4263 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM Office of the City AS DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Gary Milano Tropical Audubon Society ENACTMENT NUMBER: R-18-0539 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes City of Miami Page 182 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Nicole N. Ewan (Assistant City Clerk): And BC.24, Virginia Key Advisory Board: Tropical Audubon Society is requesting confirmation of Gary Milano, who's an incumbent on the board. Vice Chair Russell: I'll make the motion. Chair Hardemon: Seconded by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. Ms. Ewan: Thank you, Chair and Commissioners. Chair Hardemon: Thank you very much. Vice Chair Russell: Thank you. Chair Hardemon: We can now move into our PZ (Planning & Zoning) agenda, so I'll give you the opportunity to now change over. I believe our morning agenda has concluded, correct? Yes. BC.25 RESOLUTION 4411 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR Office of the City TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Chair Keon Hardemon Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Joe Carollo RESULT: NO ACTION TAKEN City of Miami Page 183 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 BC.26 RESOLUTION 4264 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR Office of the City TERMS AS DESIGNATED HEREIN. Clerk 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 Wifredo (Willy) Gort Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES City of Miami Page 184 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 BU - BUDGET BU.1 BUDGET DISCUSSION ITEM 3246 MONTHLY REPORT Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND Budget BUDGET) II. SECTION 18-502 (CITY'S ANTI-DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair Hardemon: Decorum, please. First, I'd like to recognize our Budget Director, his BU (budget) item. Christopher Rose (Director): Good evening, Commissioners. Chris Rose, Office of Management & Budget. I'll be sending out a memo later this evening. We're only 46 days into the fiscal year, so we're not projecting how this fiscal year is going, but everything I told you at the last meeting is still holding true for the last fiscal year. So it does look like we're going to meet the Financial Integrity Principles requirements of 20 percent and of the 10 and the 10. So that is before any labor payouts, and we will be bringing back budget amendments, as we discussed at the last meeting. I'll be happy to take any questions you have. Commissioner Carollo: Yes, Chris. Have you found where you've dropped off or lost or parked any impact park fee monies? Mr. Rose: I'm sorry; can you ask the question again, sir? Commissioner Carollo: Park impact fee monies, have you found where you lost some of that money, left it behind, fell from the pocket, or parked it? Mr. Rose: We did over- cautious about it this fiscal year. We did end the year better than I thought we were going to, so there is a bit more that we will be bringing back to you, Commissioners. Commissioner Carollo: Okay. Thank you. Mr. Rose: You're welcome. Commissioner Carollo: I figured there would be more, so I'm glad that -- Thank you. Mr. Rose: You're welcome. Commissioner Reyes: Good question. Chair Hardemon: Thank you very much, sir. Mr. Rose: Thank you, Mr. Chair. City of Miami Page 185 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: Okay. END OF BUDGET City of Miami Page 186 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 5040 DISCUSSION REGARDING A DRAFT ORDINANCE ALLOWING FOR THE PERMISSIBILITY OF AMUSEMENT RIDES IN THE CITY Commissioners OF MIAMI. and Mayor RESULT: DISCUSSED Chair Hardemon: Commissioner Gort, you're recognized. Commissioner Gort: D1 \[sic\], discussion. Vice Chair Russell: He has a discussion item. Commissioner Gort: Fire Department. Vice Chair Russell: And I have a very brief discussion item, as well; pocket. Yeah, very brief. Commissioner Carollo: Chairman, if you could let the public know that I had to go. Chair Hardemon: All right. Commissioner Carollo explained at the beginning of the meeting that he needed to depart at 7 o'clock -- Commissioner Gort: (UNINTELLIGIBLE). Chair Hardemon: -- and we thought that we could get more done in the time that we had, but apparently, we could not, but we're still here. Commissioner Gort. Commissioner Gort: This is a discussion regarding the draft ordinance, allowing for the permissibility of amusement rides in the City of Miami. Chair Hardemon: Who's going to be leading that discussion? Francisco Garcia: Mr. Chairman, Commissioners, Francisco Garcia, Planning Director. For your consideration, the leaseholders of the Bayside Marketplace property in the City of Miami -- -- had expressed an interest in erecting essentially a Ferris wheel on site. This would take place approximately immediately north of Bayfront Park. And I advised them, when they inquired that we had no provisions, no regulations presently in our Zoning Ordinance that would allow such items. As a result and for your consideration, we have drafted preliminarily an ordinance that would allow Ferris wheels, amusement rides, generally, pursuant to an exemption process that would have to be ultimately available only in CS-zoned land, which is essentially parks in open space; and at that, they would have to be regional destinations \[sic\] parks and open space; not just any local park, but regional destination parks. So we submit that for your consideration, and we're certainly happy to work with you or anyone else to continue to revise it, as appropriate. City of Miami Page 187 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Vice Chair Russell: Thank you. DI.2 DISCUSSION ITEM 5098 DISCUSS THE PROCESS TO OBTAIN SPEED BUMPS AND PEDESTRIAN CROSSINGS TO REDUCE THE SPEED OF Commissioners TRAFFIC, PROTECT NEIGHBORHOODS AND IMPROVE THE and Mayor SAFETY OF PEDESTRIANS. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes Note for the Record: For minutes referencing Item DI.2, please see "Order of the Day." END OF DISCUSSION ITEMS City of Miami Page 188 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE JOE CAROLLO D3.1 DISCUSSION ITEM 4899 TIME CERTAIN OF 3:00 PM - DISCUSSION REGARDING CODE ENFORCEMENT. Commissioners and Mayor MOTION TO: Continue by Unanimous Consent RESULT: CONTINUED BY UNANIMOUS CONSENT Note for the Record: Item D3.1 was continued to the December 13, 2018 Regular Commission Meeting with a time certain designation of 3:00 p.m. Commissioner Carollo: Last, but not least, Mr. Chairman, my item, it's obvious that because of everything today, I'm not going to be able to bring it up. If you could put it time certain for the next meeting, either late morning or early afternoon; my Code Enforcement item that I need to -- Chair Hardemon: Early afternoon. Commissioner Carollo: Early afternoon. 3? Chair Hardemon: 3. Commissioner Carollo: Okay, 3. Time certain, 3 p.m. END OF DISTRICT 3 City of Miami Page 189 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 NA-NON-AGENDA ITEM(S) NA.1 DISCUSSION ITEM 5174 DIRECTION BY COMMISSIONER CAROLLO AND COMMISSIONER REYES TO THE CITY MANAGER TO ALLOW Office of the City FIRE STATIONS LOCATED THROUGHOUT THE CITY OF MIAMI Clerk TO ACCEPT DONATIONS SUCH AS TOYS, MILK FORMULA AND CLOTHING, THAT CAN BE DELIVERED DURING THE HOLIDAYS AND THE NEW YEAR BY THE RED CROSS TO THE TENS OF THOUSANDS OF VENEZUELAN REFUGEE CHILDREN DISPLACED THROUGHOUT LATIN AMERICA. RESULT: DISCUSSED Chair Hardemon: Commissioner Carollo, you have some items? Commissioner Carollo: Thank you. Yes; just two brief noncontroversial pocket items. One is a request by Suma Bondad. It's a coalition of seven nonprofit Venezuelan 501(C)(3) organizations. And I think that we all know from the past years the outflow of millions of Syrian refugees that were leaving that part of the world, the Middle East, going all over Europe. We even brought some here. What has not gotten as much attention is that there are as many Venezuelans that have been fleeing Venezuela in the last couple years alone, and this is going to turn into a bigger crisis than the Syrian refugee crisis. It's one that's affecting our country. We received thousands of Venezuelans in Miami and other parts of the US (United States). And many of the Venezuelans that are being scattered now by the hundreds of thousands in Columbia, Ecuador, Peru, Chile, Argentina, Brazil, you have tens of thousands of young children that are in need of everything you can think of. So fire stations of our city, so that Miami residents can contribute toys for those kids, milk formula, or clothing that could be delivered through the Red Cross in time for Christmas and after to as many little kids as possible. So my request on their behalf is that we instruct the City Manager to open up all the Miami fire stations to accept those kind of donations for refugee Venezuelan children throughout Latin America and including those that we could help inside Venezuela itself. Commissioner Reyes: I want to join Commissioner Carollo in that request -- in that instruction. Emilio T. Gonzalez (City Manager): Consider it done, sir; great cause. Commissioner Carollo: Thank you. Chair Hardemon: Are there any other --? Commissioner Reyes: Yes. Chair Hardemon: It's not a formal resolution, right? That's a -- more of a directive. Commissioner Reyes: It's a directive, Commissioner, or is it --? Commissioner Carollo: It's a directive to the Manager. Commissioner Reyes: I join Commissioner Carollo in that direct. City of Miami Page 190 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Okay. Commissioner Reyes: Sir, I have three pocket items -- Commissioner Carollo: I just got one more briefly, and I'll be done. Commissioner Reyes: Oh, okay. NA.2 RESOLUTION 5172 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO PROVIDE ANY AND ALL INFORMATION Office of the City REQUESTED BY ANY CITY OF MIAMI ELECTED OFFICIAL Clerk WITHIN FIVE (5) BUSINESS DAYS OF THE ELECTED OFFICIALS INITIAL REQUEST. ENACTMENT NUMBER: R-18-0531 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Commissioner Carollo: The second one is, I don't know why I'm having problems when I make requests to have the request be complied with; it takes weeks and weeks. And then, even when I do get some, I'm being lied to, and I'm not given the facts. So I am going to present a resolution that we instruct the Administration that any Commission request from any of the Commissioners up here would be complied with within five business days. I can't imagine any request that any of us could make that would require more time than that; if it does, then the Administration could come before this body. But my motion is that the Administration be instructed that any request from a Commissioner would be complied with no longer than within five business days. Commissioner Reyes: I move it. Chair Hardemon: I'm trying to understand what that means. Commissioner Reyes: That means that when you request -- you have -- Commissioner Carollo: Information. Commissioner Reyes: -- public information request, that it doesn't take a whole month -- Commissioner Carollo: Or more. Commissioner Reyes: -- or more; that it will come within five days. Chair Hardemon: The information? Commissioner Carollo: Yeah, the information. Commissioner Reyes: Information. Public information requests. City of Miami Page 191 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: Yeah. We need information to function. Commissioner Reyes: That's right. Chair Hardemon: All right. So moved. Commissioner Reyes: Second. Chair Hardemon: Seconded. Seeing no public discussion on that, all in favor, say The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Mayor Francis Suarez: Mr. Chair, can I just have clarification on the last pocket item? He said, I think -- did you guys say that every direction had to be completed within five days? Chair Hardemon: No, no. Mayor Suarez: I'm sorry. Chair Hardemon: If there's a request of information -- Mayor Suarez: Got it. Commissioner Carollo: Request of information. Commissioner Reyes: Information request. Okay. Commissioner Carollo: And Mayor, usually, within two days, it should be more than sufficient, but we're putting five and business days; in case there's a week in the middle -- Mayor Suarez: Perfect. Commissioner Carollo: -- it don't count. Mayor Suarez: I just wanted clarity. That's all. Commissioner Reyes: Working days. Commissioner Reyes: Mr. Chair -- are you finished? Commissioner Carollo: Yes. We have the time certain for 3 p.m. -- Chair Hardemon: Yes. Commissioner Carollo: -- on my Code Enforcement item for next meeting. City of Miami Page 192 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 NA.3 RESOLUTION 5159 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE MANAGER TO NOTIFY AMERICAN TRAFFIC SOLUTIONS, Commissioners and INC. ("ATS") THAT THE CITY OF MIAMI ("CITY") HEREBY Mayor TERMINATES ANY AND ALL EASEMENT AGREEMENTS ASSOCIATED WITH THE ACTIVE TRAFFIC INFRACTION DETECTOR SYSTEM AGREEMENT; FURTHER DIRECTING THE CITY MANAGER TO NOTIFY ATS TO COLLECT AND REMOVE ALL ACTIVE TRAFFIC INFRACTION DETECTOR SYSTEM HARDWARE AND ANY OTHER EQUIPMENT OR MATERIALS ASSOCIATED WITH THE ERA PROGRAM WITHIN 120 DAYS, AFTER WHICH ALL EQUIPMENT WILL BE DEEMED ABANDONED AND BECOME PROPERTY OF THE CITY PURSUANT TO CHAPTER 705, FLORIDA STATUTES. ENACTMENT NUMBER: R-18-0526 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Commissioner Reyes: Okay. I have three pocket items, which are very -- I'm going to read it real fast. Chair Hardemon: Can you -- read the titles into the record. Commissioner Reyes: One is a resolution of the Miami City Commission, directing the Manager to notify American Traffic Solutions, Inc. that the City of Miami hereby terminates all easement agreements associated with the Active Traffic Infraction Detector System Agreement, and to collect and remove all Active Traffic Infraction Detector System hardware. This is for the red lights. Chair Hardemon: Now, before you go, now, are we still utilizing those to -- Commissioner Reyes: No. Chair Hardemon: -- get your information about drivers, if there's a crime? Commissioner Reyes: No. Vice Chair Russell: I believe so. I believe the police still have access to them to -- Commissioner Reyes: No. Emilio T. Gonzalez (City Manager): Sir, I believe -- Commissioner Reyes: No. I asked the Police Department, and they -- the information is being -- they are -- they keep on taping, but when the police needs it, they have to ask for somebody else. I mean, they have to have the company. What I'm saying is, you have certain time to remove it, or we take possession of it, and then we use it as ours. Commissioner Carollo: Okay, that I like. City of Miami Page 193 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: You see? Commissioner Carollo: Yeah. Commissioner Reyes: Okay. That's what I'm doing. Chair Hardemon: But they remove it. Commissioner Reyes: You see, I'm saying -- Vice Chair Russell: But they remove it. Commissioner Reyes: -- I'm going to give you -- we're going to give you a certain amount of time; you collect them or then -- or they become City property, and then we will use it, because they're installed and all of that. Good. Commissioner Carollo: And I'm going to tell you what's going to happen. They're -- Commissioner Reyes: That's right. Commissioner Carollo: -- so. Commissioner Reyes: That's right. I mean, that's -- And I want the police to be able to use it, and the City of Miami to be able to use it, since they are in our -- Chair Hardemon: Right, but before we get into the motion and second, I just want him to read it into the record. Can you read your other item into the record, as well? Commissioner Reyes: You want the other items? Chair Hardemon: Yes. Commissioner Carollo: Okay. I move all of them. Chair Hardemon: Right. So it's been properly moved; seconded by the Chair. Is none, I'm going to close the public hearing on that item -- on those items. Well, you're the Mayor. Would you like to say something? Mayor Francis Suarez: Yeah. Is one of them Resolution Number 5164? Chair Hardemon: I see 5163 in my hand. 5164? Mayor Suarez: Yeah. Chair Hardemon: Yes. It's been read into the record. Mayor Suarez: So I have an issue with 5164. I just -- I would beg the indulgence of the district Commissioner, which is Commissioner Reyes. This is being done by pocket. It's a million dollar fiscal impact, and I would respectfully request that I City of Miami Page 194 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 have an opportunity to discuss this issue with him prior to the Commission voting on it. Commissioner Reyes: Which one is that? Mayor Suarez: It's selling three parcels. Commissioner Reyes: Yes. It's -- Mayor Suarez: So -- yeah, so I would like to discuss it with you before the Commission takes a vote on it. Commissioner Reyes: Okay. You want to discuss it now or you want to discuss it later? Mayor Suarez: No. I would prefer discuss it at the next -- if you don't mind waiting for another Commission meeting or putting it as a regular agenda item on the next Commission meeting, and we could talk about it. Commissioner Reyes: Well, I was trying to move it as fast as we could, because we order to buy. The other two parcels, that they are adjacent to other parcels that were going to be used as park (UNINTELLIGIBLE). Mayor Suarez: Okay. But can we table it till the next Commission meeting or defer it to the next Commission -- Commissioner Reyes: Okay, I'll do that. Mayor Suarez: -- then you and I could talk about this, please? Commissioner Reyes: Sure. Mayor Suarez: Thank you. I appreciate it. Chair Hardemon: Friendly amendment -- Mayor Suarez: Thank you for your indulgence. Chair Hardemon: -- to the motion. Mover and seconder agree -- Commissioner Reyes: Okay. Chair Hardemon: -- that the File Number 5164 is removed. Vice Chair Russell: Public comment. Chair Hardemon: Now, see, you know I closed public comment, and I know you -- Al Crespo: No, no. You just said -- Chair Hardemon: -- move faster than that. Chair Hardemon: But because you're -- because you are who you are, I'm going to let you -- City of Miami Page 195 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. Crespo: Well, thank you. Chair Hardemon: I always want the record to reflect that you're special. Mr. Crespo: And I wasn't trying to incite a riot. Chair Hardemon: I know you weren't. So my question here is, Commissioner Reyes, about these parks that were supposedly purchased for dog parks, or whatever, they were basically houses that were purchased and then torn down, and now the people in the neighborhoods don't want them. Commissioner Reyes: They are -- I had -- for example, I had one on 13th Street that is a little plat -- Mr. Crespo: Yeah. Commissioner Reyes: -- you see, and it is in between two houses; and the neighbors, they didn't want a mini park there. And we -- I think that they should be -- they were there before I got there. Mr. Crespo: Yeah, I -- and again, this was -- Commissioner Reyes: And the neighbors complained, and we had a meeting, and the should sell it and let a single-family home be built there. Mr. Crespo: So the reason I raise this is because I, several years ago, was going to do a story about all this, because it seems that the fact that the City doesn't have property for real parks that there was an attempt being made several years ago to go around and buy houses and then build parks in -- you know, supposed parks in the middle of neighborhoods, and people who I talked to at the time were all adamantly against this, and it seems that this has continued to go on. And this is a problem, you know, for all of you who might wake up some morning and find out that there's a dog park next door to you and you didn't know anything about it. So I commend you -- Commissioner Reyes: As a matter of fact -- Mr. Crespo: -- for -- Commissioner Reyes: -- Mr. Crespo, one thing that was very annoying is that they found -- they find out when the zoning notices came, the change of zoning, and then they were up those funds in purchasing other tract -- other areas that they are in need of a park in a place that -- I mean, that are more suitable for a park. Mr. Crespo: I commend you, sir. Commissioner Reyes: Thank you, sir. Mr. Crespo: Thank you. Commissioner Carollo: Charles -- Mr. Crespo: Yes. City of Miami Page 196 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Carollo: -- don't take it personal, but I do have to leave today. Mr. Crespo: Well, Joe -- Commissioner Carollo: I don't want you to think -- Mr. Crespo: -- you only work two days a week -- I mean, two days a month. Commissioner Carollo: -- but I do want to compliment you on your beautiful, bright new shirt. Mr. Crespo: Yeah. I call this "Donald Trump at the Democratic Convention." Commissioner Carollo: Yeah. That's pretty. Commissioner Reyes: Thank you. Chair Hardemon: Thank you, sir. Public comment is closed -- Commissioner Reyes: Thank you. Chair Hardemon: -- like I stated earlier. Seeing no further discussion with the motion on the floor, except for Commissioner Gort. Commissioner Gort? Commissioner Gort: No. Go ahead. Chair Hardemon: Oh, no discussion? Vice Chair Russell: Different item. Chair Ha The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. NA.4 RESOLUTION 5164 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO PLACE THE CITY OF MIAMI OWNED Commissioners and PROPERTIES LOCATED AT 2601 SOUTHWEST 13 STREET, 12 Mayor SOUTHWEST 47 AVENUE, AND 130 SOUTHWEST 51 PLACE, MIAMI, FLORIDA, PURCHASED WITH DISTRICT 4 PARK LAND ACQUISITION FUNDS, FOR SALE, SUBJECT TO ANY AND ALL APPLICABLE PROVISIONS OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER DIRECTING THE CITY ADMINISTRATION TO RETURN THE PROCEEDS FROM SAID SALES TO THE DISTRICT 4 PARK LAND ACQUISITION FUND. RESULT: NO ACTION TAKEN Note for the Record: For additional minutes referencing Item NA.4, please see Item NA.3. City of Miami Page 197 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: Okay. I have a resolution, and this is -- it is directing the -- authorizing the City Manager to place the City of Miami owned properties, located at 2601 Southwest 13th Street and 12th \[sic\] Southwest 42nd Avenue, and 130 Southwest 51st Place for sale. They were purchased with District 4 parkland acquisition funds, and we want to sell them, and direct the City Administration to return the proceeds from said sells to the District 4 parkland acquisition fund. These are three lots that they were going to be -- they were purchased, and they were going to -- made mini parks. The residents don't want it, and we are purchasing -- trying to purchase plan in other places that -- in order to make a park. I mean -- Commissioner Gort: Use it for parking. Commissioner Reyes: -- (UNINTELLIGIBLE) amount of land. NA.5 RESOLUTION 5163 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING ENCROACHMENTS INTO A PLATTED UTILITY Commissioners and EASEMENT LOCATED AT APPROXIMATELY 850 NORTHWEST Mayor 42 AVENUE, MIAMI, FLMORE PARTICULARLY DESCRIBED AS THE NORTH-SOUTH UTILITY EASEMENT ON THE WESTOF THE PLAT OF CENTURY PLAZA RECORDED IN BOOK 166, PAGE 35 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, ADJACENT TO NORTHWEST 43 AVENUE, SUBJECT TO THE EXECUTION OF A HOLD HARMLESS AND INDEMNITY AGREEMENT IN FAVOR OF THE CITY OF MIAMI, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-18-0528 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item NA.5, please see Item NA.3. Commissioner Reyes: And last one is a resolution of the Miami City Commission, authorizing an encroachment into a platted utility easement, located approximately at 850 Southwest 42nd Avenue, Miami, Florida; more particularly described as the north- Plaza, recorded in Book 166. This is -- I mean, to expedite the construction while everything is fixed, you see. I mean, we applied all of those -- that easement -- Commissioner Carollo: I make a motion to approve all three resolutions. Commissioner Reyes: Okay. Commissioner Gort: Second. Chair Hardemon: Wait, wait. Before we do that -- Commissioner Gort: I have DI.1, discussion. City of Miami Page 198 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mayor Francis Suarez: Mr. Chair? Commissioner Reyes: Yeah. NA.6 RESOLUTION 5165 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS Commissioners and CONTAINED IN SECTION 36-4(A) OF THE CODE OF THE CITY Mayor OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL AND HOURS OF NOISE RESULTING FROM THE ART BASEL RELATED EVENTS, HELD FROM 11:00 PM - 6:00 AM, ON FRIDAY, DECEMBER 7, 2018 AND SATURDAY, DECEMBER 8, 2018, AT TAKING PLACE AT LEMON CITY STUDIOS 261 NORTHEAST 73RD STREET, MIAMI, FLORIDA. ENACTMENT NUMBER: R-18-0529 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item NA.6, please see Item NA.3 Victoria Méndez (City Attorney): This is another pocket item. A resolution of the Miami City Commission, declaring an exemption from the prohibitions and restrictions contained in Section 36-4(A) of the Code of the City of Miami, Florida, as amended, as related to level and hours of noise resulting from the Art Basel related events, held from 11 p.m. to 6 a.m., on Friday, December 7, 2018, and Saturday, December 8, 2018, at -- taking place at Lemon City Studios, 261 Northeast 73rd Street, Florida. Commissioner Carollo: Okay. So that's the fourth we have. Chair Hardemon: We got two more. Commissioner Carollo: Anymore? Okay. We'll put them all together. City of Miami Page 199 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 NA.7 RESOLUTION 5166 A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A NOISE WAIVER PURSUANT TO SECTIONS 36-4(A) AND (B) OF Commissioners and THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Mayor ("CITY CODE"), ENTITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND-MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANSGENERALLY; EXEMPTION AND AN EXTENSION OF ALCOHOL SALES THROUGH 5:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE, ENTITLED "HOURS DURING WHICH SALES ALLOWED; PERMITS AND PUBLIC HEARING REQUIRED", FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT AND THE WYNWOOD CAFE DISTRICT FOR NEW YEAR'S EVE CELEBRATIONS FROM DECEMBER 31, 2018 THROUGH JANUARY 1, 2019. ENACTMENT NUMBER: R-18-0530 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item NA.7, please see Item NA.3. Victoria Méndez (City Attorney): Yes. A resolution of the Miami City Commission issuing a noise waiver, pursuant to Sections 36-4(a) and (b) of the Code of the City Other Sound-Making Devices; Bands, Orchestras And MusiciansGenerally; l sales through 5 a.m., pursuant to Section 4- Wynwood Café District for New Year's Eve Celebrations from December 31 through January 1, 2019. NA.8 RESOLUTION 5167 A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A NOISE WAIVER FOR MIAMI ART WEEK RELATED EVENTS Commissioners and PURSUANT TO SECTIONS 36-4(A) AND (B) OF THE CODE OF Mayor THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND-MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANSGENERALLY; EXEMPTION OF ALCOHOL SALES THROUGH 5:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE, ENTITLED "HOURS DURING WHICH SALES ALLOWED; PERMITS AND PUBLIC HEARING REQUIRED", FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT DURING ART BASEL AND MIAMI ART WEEK OCCURRING FROM DECEMBER 5, 2018 THROUGH DECEMBER 9, 2018. ENACTMENT NUMBER: R-18-0532 City of Miami Page 200 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item NA.8, please see Item NA.3. Victoria Méndez (City Attorney): And the last one: A resolution of the Miami City Commission, issuing a noise waiver for Miami Art Week Related Events, pursuant to Sections 36-4(a) and (b) of the Code of the City of Miami, Florida, as amended, s, Phonographs or Other Sound-Making Devices; Bands, Orchestras and Musicians- alcohol sales through 5a.m., pursuant to Section 4-3(b) of the City Code, entitled the Wynwood Business Improvement District during Art Basel and Miami Art Week, occurring from December 5, 2018 through December 9, 2018. NA.9 DISCUSSION ITEM 5183 DISCUSSION BY VICE CHAIR RUSSELL REGARDING Office of the City THE LIFE SAFETY ISSUE OF HOMEOWNERS AND Clerk DEVELOPERS ILLEGALLY REMOVING SIDEWALKS WHEN CONDUCTING DEMOLITION AND DIRECTING THE CITY MANAGER TO BRING BACK LEGISLATION OR TAKE SOME FORM OF ACTION THAT WILL ALLOW THE CITY TO IMMEDIATELY REPLACE ILLEGALLY REMOVED SIDEWALKS IN ADDITION TO PLACING A FINE OR LIEN ON THE HOMEOWNER, AND FOR THE CODE ENFORCEMENT BOARD TO PRIORITIZE THIS ISSUE AS A LIFE SAFETY ISSUE. RESULT: DISCUSSED Note for the Record: A motion was made by Vice Chair Russell, seconded by Chair Hardemon, and was passed unanimously, with Commissioner Carollo absent, directing the City Manager to bring back legislation or take some form of action that will allow the City to immediately replace illegally removed sidewalks in addition to placing a fine or lien on the homeowner, and for the Code Enforcement Board to prioritize this issue as a life safety issue. Chair Hardemon: All right. Mr. Vice Chairman. Vice Chair Russell: Thank you. I had a pocket discussion item I'd like to bring to the attention of the Administration; the issue we have of homeowners and developers who remove sidewalks illegally when doing demolition. It's a life safety issue that we're experiencing. Our Code Enforcement does not act quickly enough and our board does not act quickly enough to cite these locations. And in the long process it takes to force them to replace the sidewalk, people are forced to walk in the street. I'd like to see some sort of legislation or action from the Administration that would allow the City to invest in replacement of that sidewalk and fine or lien the actual City of Miami Page 201 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Board prioritize these issues as a life safety. Emilio T. Gonzalez (City Manager): Very good, sir. Vice Chair Russell: Is -- and if you need -- yeah, I'll make a motion just directing the Administration to that effect. Chair Hardemon: Seeing no objection, the motion carries. Vice Chair Russell: Thank you. ADJOURNMENT The meeting adjourned at 7:20 p.m. City of Miami Page 202 Printed on 2/13/2019