HomeMy WebLinkAboutCC 2019-04-11 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Minutes
Thursday, April 11, 2019
9:00 AM
Regular
City Hall
City Commission
Francis Suarez, Mayor
Ken Russell, Chair
Wifredo (Willy) Gort, Vice Chair
Joe Carollo, Commissioner, District Three
Manolo Reyes, Commissioner, District Four
Keon Hardemon, Commissioner, District Five
Emilio T. Gonzalez, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Commission Meeting Minutes April 11, 2019
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes and
Commissioner Hardemon.
On the 11th day of April 2019, 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 Russell at 9:07 a. m., recessed
at 12:04 p.m., reconvened at 2:36 p.m., recessed at 2:38 p.m., reconvened at 3:09 p.m.,
recessed at 5:09 p.m., reconvened at 5:24 p.m., and adjourned at 7:18 p.m.
Note for the Record. Commissioner Carollo entered the Commission chambers at 9:20 a.m.,
and Commissioner Hardemon entered the Commission chambers at 9:24 a. m.
ALSO PRESENT.•
Emilio T. Gonzalez, Ph.D., City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
Chair Russell: Good morning, everybody. Welcome to the April 11, 2019 meeting of the City
of Miami City Commission in these historic chambers. The members of the City Commission
are Joe Carollo, Manolo Reyes, Keon Hardemon; Wifredo "Willy" Gort, the Vice Chair; and
me, Ken Russell, the Chairman. Also on the dais are Mayor Francis Suarez; Emilio Gonzalez,
the City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, the City Clerk. The
meeting will be opened with a prayer by Commissioner Gort, and then the pledge of
allegiance. Please stand.
Invocation and pledge of allegiance delivered.
Chair Russell: Thank you.
PART A - NON -PLANNING AND ZONING ITEM(S)
PR - PRESENTATIONS AND PROCLAMATIONS
PRA PROTOCOL ITEM
5729 Honoree Presenter Protocol Item
Carlos Migoya
Mayor Francis Suarez &
Proclamation
Commissioner Reyes
Department of Public Works
Mayor Francis Suarez &
Certificate of Appreciation
Commissioner Reyes
Personnel at Domino Park
Mayor Francis Suarez &
Certificate of Appreciation
Commissioner Carollo
Coral Way NET Office
Mayor Francis Suarez &
Certificate of Appreciation
Employees
Commissioner Carollo
City of Miami Page 1 Printed on 0611112019
City Commission Meeting Minutes April 11, 2019
RESULT: PRESENTED
1) Mayor Suarez and Commissioner Reyes presented a Proclamation to former City
Manager Mr. Carlos A. Migoya. Mr. Migoya serves as President and Chief
Executive Officer of Jackson Health Systems, one of the nation's largest and most
respected public healthcare network systems, since May 2011. Prior to joining
Jackson Health Systems, Mr. Migoya served as Manager for the City of Miami where
he honorably served the residents of the City. Mr. Migoya currently chairs the
United Way of Miami -Dade, sits on the board of the Florida Chamber of Commerce,
Downtown Charter School in Miami, and the Beacon Council, and is highly involved
in Florida International University, College of Business Administration's Principal
Advisory Board. Mr. Migoya's leadership and dedication have positively impacted
the lives of many residents of the City of Miami, therefore, the Elected Leadership
paused in their deliberations of governance, to pay tribute and celebrate his many
accomplishments, thereby, proclaiming Thursday, April 11, 2019 as "Carlos A.
Migoya Day" in the City of Miami.
2) Mayor Suarez and Commissioner Reyes presented Certificates of Appreciation to
pay highest tribute to the City of Miami Public Works Department and its Directors
Mr. Juvenal Santana and Mr. Alan Dodd. The City of Miami Department of Public
Works is composed by a group of hardworking individuals that diligently work to
improve the quality of life of City residents. Throughout the years, the department
has positively impacted the lives of many and ensured City resilience. The Elected
Leadership paused in their deliberations of governance to commend and thank them
for their leadership.
3) Mayor Suarez and Commissioner Carollo presented Certificates of Appreciation to
the City of Miami Domino Park Employees. The Domino Park personnel work
diligently to ensure that the park remains beautiful and is used properly. Domino
Park serves many residents and is an iconic City of Miami location. The Elected
Leadership paused in their deliberation of governance to honor and commend their
commitment as valuable members of the Domino Park in the City of Miami.
4) Mayor Suarez and Commissioner Carollo presented Certificates of Appreciation to
the City of Miami Coral Way NET (Neighborhood Enhancement Team) Office
Employees. The Coral Way Net Office Employees are exceptional City of Miami
employees who dedicate their time and efforts to improve the quality of life of the
residents of the City of Miami. The Elected Leadership paused in their deliberation
of governance to celebrate their commitment as valuable members of the Coral Way
NET Office and the City of Miami.
Chair Russell: We'll now make the presentations and proclamations.
Presentations and proclamations made.
Later...
Mayor Suarez: Thank you, Madam City Attorney.
Presentations and proclamations continued.
AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
City of Miami Page 2 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
AMA
ORDER OF THE DAY
City Commission - Regular Meeting - Feb 14, 2019 9:00 AM
MOTION TO: Approve
RESULT: APPROVED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Chair Russell: Can I get a motion approving the minutes of February 14, 2019,
please?
Commissioner Carollo: There's a motion.
Commissioner Reyes: Second.
Chair Russell: Motion from Commissioner Carollo; second from Commissioner
Reyes. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes.
Chair Russell: Madam City Attorney.
Victoria Mendez (City Attorney): May I read it?
Chair Russell: Yeah. We have one more proclamation left, but while we're waiting
for them, the City Attorney will now state the procedures to be followed during this
meeting.
Ms. Mendez: 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 on
wwwmunicode.com [sic]. Any person making a presentation, formal request or
petition to the City Commission concerning real property must make the appropriate
disclosures required by the City Code in writing. A copy of this Code section is
available in the City Clerk's Office or online at wwwmunicode.com [sic]. The
material for each item on the agenda is available during business hours at the City
Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person
may be heard by the City Commission through the Chair for not more than two
minutes on any proposition before the City Commission, unless modified by the
Chair. If the proposition is being continued, 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 or at
City of Miami Page 3 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
any other designated time. When addressing the City Commission, the member of
the public may first state his or her name, his or her address, and what item will be
spoken about. A copy of the agenda item titles will be available at the City Clerk's
Office and at the podium for your ease of reference. Anyone wishing to appeal any
decision made by the City Commission for any matter considered at this meeting may
need a verbatim record of the item. A video of this meeting may be requested at the
Office of Communications or viewed online at wwwmiamigov.com [sic]. No cell
phones or other noise -making devices are permitted in chambers; please silence
those devices now. No clapping, applauding, heckling, or verbal outburst in support
or opposition to a speaker or his or her remarks shall be permitted. Any person
making offensive remarks or who becomes unruly in Commission chambers will be
barred from further attending Commission meetings and may be subject to arrest.
No signs or placards shall be allowed in Commission chambers. Any person with a
disability requiring assistance, auxiliary aids and services for this meeting may
notify the City Clerk. The lunch recess will begin at the conclusion of the
deliberation of the agenda item being considered at noon. The meeting will end
either at the conclusion of the deliberation of the agenda item being considered at 10
p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first.
Please note, Commissioners have generally been briefed by City staff and the City
Attorney on items on the agenda today. Chairman, do you want the Administration
to start announcing items? Mr. Chairman?
Vice Chair Gort: Yes.
Later...
Chair Russell: All right. I'd like to move to the order of the day, please. From the
Administration, is there anything that you would like, Mr. Manager, to withdraw
from the agenda?
Ms. Mendez: I would -- I do not need the shade meeting as much anymore, unless
you would like to talk about it. I think you gave me a lot of direction that we could
go with. It's up to you, though, if you would like to have it or not.
Chair Russell: Thank you. So
Commissioner Carollo: Which
Chair Russell: -- unless another Commissioner would like to have the shade
meeting, we'll have it. If not, we don't have to.
Commissioner Carollo: Yeah, we should have it when we come back from lunch.
Chair Russell: Okay.
Commissioner Carollo: (UNINTELLIGIBLE).
Ms. Mendez: You still would like to have it?
Commissioner Carollo: Yeah.
Chair Russell: (UNINTELLIGIBLE).
Commissioner Carollo: I think it might be good if we have it after -- you know, after
lunch when we come back.
Ms. Mendez: Okay.
City of Miami Page 4 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: All right. So we'll hold on to the shade meeting. Mr. Manager.
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 -- regular
items: To be withdrawn, D1.2; that's DL2, which was the discussion on the
procurement process; and an informational note, RE.6, which is Commercial
Development at Maurice A. Ferre Park; the time certain is 2 p.m., if I'm not
mistaken, Mr. Clerk.
Chair Russell: Yes.
Mr. Gonzalez: Yes. That's all I have, sir.
Chair Russell: Thank you.
Commissioner Carollo: Okay.
Chair Russell: Is there --?
Commissioner Carollo: RE. 6, what did you say on that? I'm sorry. I --
Mr. Gonzalez: Sorry, sir.
Chair Russell: 2 p.m. time certain.
Mr. Gonzalez: 2 p.m. time certain for RE. 6.
Commissioner Carollo: Okay, 2 p.m. time certain for RE. 6.
Mr. Gonzalez: Yes, sir.
Commissioner Carollo: Okay. I'd just like to state on the record that if we're going
to go with any additional items beyond 10, I'm going to put the rule on. I can't stay
here tonight beyond that, so I'm just letting everybody know ahead of time.
Chair Russell: We will not go that long tonight.
Mayor Francis Suarez: Mr. Chair?
Chair Russell: I'm optimistic.
Mayor Suarez: May I? Would it be possible to do RE.6 at 3 p.m.? And the reason
why I ask is, I have is to be at an investiture of a Federal judge at 2 p.m.
Chair Russell: Sounds like, if we're doing the shade meeting after lunch, the 2 p.m.
is going to get bumped a little bit anyway, so.
Mayor Suarez: Okay, perfect. Thank you.
Commissioner Carollo: What Federal judge?
Mayor Suarez: Roy Altman.
Commissioner Carollo: Excuse me?
City of Miami Page 5 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Mayor Suarez: Roy Altman.
Commissioner Carollo: Oh, okay.
Mayor Suarez: Former U.S. (United States) --Assistant U.S. Attorney.
Commissioner Carollo: Yeah, that's good.
Mayor Suarez: Yeah. He's a great guy. Phenomenal.
Chair Russell: So Mr. Clerk, is there any notice issue to move the 2 p.m. time
certain to 3 p.m. ? Because it looks like it's organically going to get bumped that way
anyway, with lunch and the shade meeting.
Todd B. Hannon (City Clerk): I'm sure the Office of Communications could
probably send out an email, and we could certainly post it at the front doors of City
Hall, but there's no legal issue with --
Chair Russell: Thank you.
Mr. Hannon: -- moving it from 2 to 3.
Chair Russell: So we'll be looking at 3 p. in. for the Maurice Ferre Park issue.
Mayor Suarez: Thank you.
Chair Russell: Are there any other items that the Commission would like to see
withdrawn or continued from the agenda? None? So can I get a motion on the
order of the day, please?
Commissioner Carollo: There is a motion --
Commissioner Reyes: Second.
Commissioner Carollo: --for the items that are left at this time to move forward.
Chair Russell: Thank you. There's a motion from Commissioner Carollo; second
from Commissioner Reyes. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Motion passes.
PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S)
Mayor Francis Suarez: Thank you, Mr. Chair. Just want to talk about three items
that are on today's agenda. The first is RE. 3, sponsored by Commissioner Gort.
Throughout Miami's history, certain individuals had -- have led lives that have
become part of our City's very identity; Bobby Maduro is one of them. Born in
Havana, Bobby Maduro became a major professional baseball figure in Cuba. He
negotiated the Cuban Winter League, entering into organized baseball in 1947;
helped construct Havana's Grand Stadium, the first multi -million -dollar sports
complex built in Latin American, between 1946 and 1960, and served as owner of
the Havana Cuban's Baseball Team. But like many in our community know all too
well, the Castro regime's rise to power forced him to immigrate to Miami in search
City of Miami Page 6 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
of a better life. Bobby Maduro kept his baseball dreams alive in the United States,
where he came General Manager of the Jacksonville Suns, a Latin American Scout
for the Saint Louis Cardinals, and founder of the Inter American Baseball League; a
member of the Latino Baseball Hall of Fame. His baseball accomplishments are
well-documented. But it is his story of perseverance, one that directly aligns with
Miami in our Cuban community's resilient spirit that makes him especially deserving
of this street designation. I am happy to join Commissioner Gort in supporting RE.3
in the naming of Bobby Maduro Way in the City of Miami. The next item that I'd like
to support is being co-sponsored with me by Commissioner Hardemon. As our city
grows, we must ensure that this story of hope remains a reality for all who call
Miami home. The key to this is preserving a high quality of life, which was one of
my thematic points of my State of the City. On March 14, residents from the MiMo
(Miami Modern) Bayside Historic District appeared in these chambers and
presented a petition, asking us to restrict vehicular access to Northeast 68th Street;
as they expressed, a barrier would reduce cut -through traffic and ensure public
safety by deterring speed -enhancing pedestrian bicycle experience. MiMo has
experienced tremendous growth. But as we see in other emerging neighborhoods,
issues like traffic can significantly impact the quality of life and safety in them. I am
happy to see our residents reach out in the interest of preserving this neighborhood's
quality of life. We heard their concerns loud and clear; now it is our turn to
respond. MiMo has come a long way, and we owe it to our residents to safeguard it
as a safe and vibrant family friendly community for years to come. I am proud to co-
sponsor RE.S with Commissioner Hardemon, to ensure that our residents will see
that -- will -- to ensure that our residents' will to see that happen is seen through.
Finally, we talked a little bit about Ultra at the beginning of this meeting, and I
wanted to sort of give my perspective, having spent a significant amount of time over
the weekend at Ultra. My time spent in Ultra concentrated mostly on Saturday. The
reason why I went on Saturday was because I saw, like members of Key Biscayne
and others, members of our own City, the mass exodus of people on Friday night sort
of overpowering the Causeway, and that amount of disorder, frankly, was
miraculous that there was not somebody hurt in that. And so, as Mayor of our city, I
was very concerned with how things would happen on Saturday. I also received a
significant amount of -- what I considered to be a significant amount of noise
complaints on Friday, which I communicated to the organizers. I had communicated
about noise concerns to the organizers before the event and multiple times during the
event. To their credit, at no time throughout the event did they exceed what is our
legal threshold, which is the decibel level that they're required to maintain; at least,
not that I ever witnessed. The issue that I had is the low, pulsating bass that was
heard very deep into the City. And also, to be fair to the event, there are a variety of
ancillary events throughout the City in that same week, which was Winter Music
Conference, that I think, sort of -- Ultra became the blame for everything, right?
They got blamed in Wynwood. They got blamed in Allapattah. They got blamed in
all parts. But the truth of the matter is, we gave out a lot of noise waivers during this
Winter Music Conference. And I think that's something that, as the next Winter
Music Conference approaches -- something that, by the way, we've always been a
big supporter of, and I think goes to our identity as a city -- it is sort of the Art Basel
of music. We have to be very conscientious of how our decisions impact our
residents. You know, there has been a lot of question as to whether or not this is the
appropriate venue for Ultra. I will say that Ultra is something that I've been a big
supporter of since I became an elected official. The reason why is because it has a
tremendous economic impact on our City. Since 2014, it has provided $220 million -
- at least according to the statistics I've been given -- in economic benefit for the
City. It obviously provides direct revenue to the City in the form of a couple of a
million dollars; it employs thousands ofpeople; and, as was mentioned by the Mayor
and the Councilman from Key Biscayne, it also provides a tremendous amount of
overtime for our First Responders, who are working under incredible duress to try to
make this event go smoothly. I happen to have been spending hours at the event on
City of Miami Page 7 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Saturday, as a result of the complaints that were lodged on Friday, and I can tell you
that there are -- if the Commission decides to keep the event at this location, I would
make some significant recommendations. One of them is, I would incorporate a
standard for low frequency bass that is separate and apart from the decibel level
that they have to adhere to, and that standard would have to be a standard that
would not be audible by the mainland, by anyone in the mainland, by the edge of the
mainland; certainly not in Commissioner Carollo's district, Commissioner Reyes'
district, Commissioner Russell's district, which I happen to live in, and I could hear
the bass from my house, which was several miles away. Now, it could have been
from another event, which is possible. It could have been from some of the boats
that were carrying people as well. And so, I would certainly suggest that we have a
standard for low frequency bass that is not audible by the mainland. This is
something that I had actually requested before the event, during the event, and I'm
requesting now after the event. I think we should take a very hard look at the end
times for the event. The events ended on Friday, Saturday, and Sunday at 2 a.m.
You know, Sunday at 2 a.m., it's a two- to three-hour ex -fill. So you're talking about
Sunday at 2 a.m. to 5 a.m. So when you talk about getting in and out of the island on
Sunday, you want --people are trying to get home to start -- even if they left for the
weekend, you know, they're trying to get home to start their workday on Monday,
which is the reasonable time where you would expect people to try to come back
home. That is a significant challenge. I would suggest some other modifications,
based on the things that I saw when I was up in the helicopter observing the ex -fill
on Saturday. One is, I would -- if we're going to keep it there, I would suggest that
the employees be required to leave after all the patrons have left; that they be
required to leave by bus; that no vehicles be required to come in and out, because
the issue with vehicles is that they're low capacity, and you don't control them. And
so, what they actually did was create a huge clogging of the roadways; aside, of
course, from Key Biscayne residents, who are going to try to get in and out of the
island, so this, obviously, doesn't apply to them. I think we should have a dedicated
in and out lane for Key Biscayne, and I think you can do that with the capacity that
we have. We actually -- our Police Department made a very wise decision on
Saturday, to make a reversible lane in the inbound lane as an outbound lane, and I
think that saved us a lot of time. I commend our Manager, who also made a critical
decision on Saturday to leave one small stage open at half the decibel level, which
allowed some people to concentrate, and allowed the ex -fill to happen in a less
frenetic fashion than it did on Friday, when everybody just, you know, massively
exited the event at the same time. So I commend him and our Deputy City Manager,
who was -- they were both there in many moments throughout the weekend. I would
suggest that they enhance significantly their waterborne transportation, getting in
and out. They, in my opinion, underutilized the waterways. I would require that
none of the water -bound vehicles or the exit points be allowed to play music, because
I think part of the noise contamination didn't come just from the festival itself, but
came from the vehicles that were transporting people that wanted to sort of keep the
party going as they were getting people from Point `A" to Point "B. " I would
suggest that Vizcaya -- the Vizcaya Center not be used as a drop-off point as part of
the MOT (mode of transportation). I think that created a lot of problems in
Commissioner Carollo's district, with people who were parking in the Roads area.
So I think they should be infilling and ex -filling from the Steven P. Clark Center,
which is a commercial area that does not affect our residents. If necessary, we
should look at potentially limiting the size of the event, if we can't accomplish our
goals through these other means. I would question the wisdom ofpointing the stage,
the main stage, towards the City of Miami, which obviously created noise
penetration into the City. And I don't know if our office passed out the DNA
(Downtown Neighbors Alliance) letter, but the President of DNA, Amal Kabbani,
wrote a very specific letter, which I support, with a lot of these recommendations.
And I think their recommendations that if the Commission decides they want to keep
the event at this location, should be followed. I've communicate all this to the event
City of Miami Page 8 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
organizers, and, you know, that's been the basis for my discussions with them over
the last week or so.
Chair Russell: Thank you, Mr. Mayor.
Commissioner Carollo: I mean, this would be --
Chair Russell: And that is Item DI.3 that we will be taking up later. We're going to
(UNINTELLIGIBLE).
Commissioner Carollo: -- is this --?
Commissioner Reyes: No. I just -- Oh, you want to say something?
Commissioner Carollo: Yeah, just real quick.
Commissioner Reyes: I'm going to be quick, also.
Commissioner Carollo: Mr. Mayor?
Mayor Suarez: Yes, sir.
Commissioner Carollo: You were riding helicopters, and you didn't invite any of us.
Commissioner Reyes: Yeah, that's --
Mayor Suarez: They don't fit that many people, sir.
Commissioner Reyes: And you spent --
Commissioner Carollo: Mr. Manager --
Commissioner Reyes: -- that much time there because of your like of the music or
your taste for the music or what? Because --
Mayor Suarez: No, but I will tell you this.
Commissioner Reyes: --you were partying, man.
Mayor Suarez: I fell asleep at about 3:30 in the morning in the helicopter as I was
counting buses queuing to exit people. We actually made some strategic decisions
that also helped the ex -fill tremendously, like turning the buses at the Seaquarium as
opposed to Bear Cut, which saved each bus, depending on the flow of car traffic, 30
to 45 minutes in their queue. So that got thousands of people off the island
significantly faster. I want to commend Captain Ortiz, who did a phenomenal job
also directing traffic, and really, all of the men and women of our Fire Department
and our Police Department. They created a mobile Command Center; Key Biscayne
was a big part of it. And there were Federal, State, and local agencies that all came
together to try to make the best out of a very complex situation, and I really want to
commend them for their work.
Chair Russell: Commissioner Reyes.
Commissioner Reyes: Yes.
Mayor Suarez: It was not that much fun.
City of Miami Page 9 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Reyes: Mr. Mayor, I'm going to refer to RE. S, and as you well know,
I mean, it's a closure of a street, and we all agree with it. I don't have anything
against that, but I want you to remember when you were City Commissioner for
District 4 --
Mayor Suarez: Yes, sir.
Commissioner Reyes: -- we have the same problem with Silver Bluff.
Mayor Suarez: Yes, sir.
Commissioner Reyes: And as a matter of fact, a few months back, I would say
November of last year, since we requested -- there was a petition by the residents of
24th Terrace, that they would like to close the street, and we submitted that to the
City Manager, and we received a memo. It said that you couldn't do it, because -- I
mean -- and also, we were informed that Miami -Dade County, they will not allow
that. What I'm going to request from you is --we are preparing a resolution also,
because maybe we can piggyback on this closure and -- could you work with us and
support our initiative?
Mayor Suarez: Mr. Chair, I would be happy to co-sponsor a resolution with you on
that. You know, I've said in my State of the City, and I, as Commissioner, negotiated
a memorandum of understanding with the County for traffic control devices that took
me multiple years to get --
Commissioner Reyes: Yes, I know.
Mayor Suarez: -- the County to cede to our jurisdiction on that. And I'm very happy
that Director Bravo, from the Transportation Department in the County, along with
the County Mayor, and along with others, did go along with that MOU
(Memorandum of Understanding). But as to Silver Bluff, you and I are on the same
page --
Commissioner Reyes: Yes.
Mayor Suarez: --completely. I will 100 percent support that resolution.
Commissioner Reyes: And I would love for you --
Mayor Suarez: Yes.
Commissioner Reyes: -- to work with us and --
Mayor Suarez: Hundred percent.
Commissioner Reyes: -- Mr. City Manager, and let's see how can we also --
Mayor Suarez: Absolutely. You have my commitment.
Commissioner Reyes: -- provide some relief to our residents in Silver Bluff and
Shenandoah.
Mayor Suarez: You have my commitment.
Chair Russell: Thank you. Commissioner Gort.
Commissioner Carollo: Mr. --
City of Miami Page 10 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Vice Chair Gort: No. I already (UNINTELLIGIBLE).
Mr. Gonzalez: Yes, sir.
Ms. Mendez: I'll make some comments when it comes --
Chair Russell: When it comes up.
Commissioner Carollo: Mr. Chair?
Chair Russell: Yes.
Commissioner Carollo: I need to ask a question -- or actually, maybe make a
request to the City Attorney that might expedite our hearing this afternoon on Ultra.
Madam, when we voted to have Ultra at Virginia Key last, it was a four vote that was
required. Can you state on the record why it required a four vote at the time?
Victoria Mendez (City Attorney): The four votes was to waive any procurement
issues on the revocable license agreement, but to cancel, it would be three votes, so.
Chair Russell: Thank you.
Ms. Mendez: But today is just a discussion item based on that. I know that you've
gotten a lot of information, but remember, for the pockets, it would have to be an
emergency --
Commissioner Carollo: Well --
Ms. Mendez: -- no fiscal impact, and all of these things have (UNINTELLIGIBLE).
Commissioner Carollo: -- I understand that, but this might be an emergency; I don't
know. Certainly, for Ultra, it should be an emergency, because they need to know as
quickly as possible if it's not going to be extended. This is why I think that we needed
to hear this today, and certainly for many residents -- probably some that are
looking to see where we're going with this before they start hiring attorneys and
coming at us -- also need to know, so it will meet both requests; one, emergency;
two, a fiscal impact that it could have on us if we're going to be defending lawsuits.
Chair Russell: Thank you. I'd like to bring us back to, sort of, the order of the day.
We've been creeping into a lot of our discussion items, but I'd like to bring us back
to public comment, which is our next section, so that we can really hear from our
residents, which is our job; and then we'll get into the agenda, where we can take on
some of these issues in more depth. If there's anyone here who would like to address
this body with regard to any of the items on this agenda, please approach the
lecterns at this time. You're welcome to speak for two minutes each. You'll hear a
buzzer at the 30 -second point, which is about the time to start wrapping it up. You're
welcome to state your name and your address, if you'd like. You could speak --tell --
let us know which item you're speaking about on the agenda; either refer to it by its
agenda item or just by subject, so we know what you're talking about. And if you
could split up, please, and if we can do about half and half over at this lectern, it'll
make it go a little easier, and then we'll just go back and forth. If a few more would
like to join over here, that'll help us out. Thank you. Good morning.
Councilwoman Katie Petros: Good morning. Excuse me. My name is Katie Petros.
I am a resident of Key Biscayne, and I'm also one of the Village Council Members. I
want to thank the Chair, the Vice Chair, and all of the Commissioners this morning,
City of Miami Page 11 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
first of all, for your approach at listening to us, for your willingness to think about
this issue. And I just wanted to make a few additional comments. I'm not looking to
reiterate things that have already been said. I -- in answer to some of your
questions, Commissioner Carollo, for our community on Friday, we had schools that
were closed at noon. I believe in your district, you had some schools that actually
closed for the day as a result of this event. We had businesses that closed for the
weekend, and others were off a significant amount. Our Public Safety Chiefs were in
emergency mode all weekend, and slept on our island when they could. Our Chief of
Police was actually, as stated, at your incident command station, and I believe he
was actually the first one to alert everyone about the fire that occurred on Friday
night, so it was very helpful to have him there. Obviously, in a repeat situation, it's
difficult for our community to staff up for an event that isn't actually our event year
after year after year. Ironically also, our residents who attended this event probably
had the most difficulty trying to leave it, because all transportation was going
towards the mainland and not towards the Village, so they were faced with a
situation where they had to walk home on that dark narrow strip of the causeway.
The issues for Key Biscayne and the working relationship with the City of Miami, I
believe, are actually greater than Ultra, though. This event just highlighted our
vulnerability and how important it is to us to have a realistic expectation about the
scheduling of events on this island, Virginia Key. We want to be able to give our
community a sense of peace and understanding of what's coming. As a case in point,
there was an event about a month ago that caused over an hour delay leaving our
island, and they only had 65 attendees. I'm asking you today to reconsider events on
Virginia Key that reach the magnitude and have the negative impacts that Ultra did.
Given the environmental sensitivity and restricted access to the mainland, I believe
it's in the best interest of all of us to keep events there on a scale that takes into
consideration these facts. Ultra, as it currently exists, is well beyond that magnitude,
and I can only believe the desire would be for this to get bigger as the years go by.
In addition, I implore you to work with our Council to form a new agreement that
clearly defines the size and scope of events that could be held on Virginia Key, as
well as future developmental desires. This was talked about for many years by your
City and ours, but we never reached an actual agreement. I think one of the good
things to come out of the planning of Ultra was, as stated, an improved working
relationship between our two municipalities. I think we now have an opportunity to
build on that and to listen to each other with less fear and distrust. I pledge my time
and willingness to do this. I think I speak for all our Council Members, and I ask
that you do the same with us. Please feel free to contact me if you agree, and let's
start working on this as soon as possible to tackle it on a larger level. Thank you.
Vice Chair Gort: Thank you, ma'am. I allowed you more time because you're a
Councilwoman that represented Dinner Key [sic]. Yes, sir.
Aurelio Salas: Thank you. My name is Aurelio Al Salas, and I'm here as President
of the Board of Directors of the Miami Rowing Club, and I don't want to take up too
much time. I just want to commend the City Manager and his staff for working very
diligently to ensure that our 47th Annual International Regatta take place on time,
without incident. I say "47th, "because I learned not too long ago that several years
before, the Miami Rowing Club began contesting that regatta. It was actually
organized by the committee that organizes the Columbus Day Regatta, and Mayor
Danny Fascell -- or actually, a young Congressman named Danny Fascell had
something to do with helping us bring rowing to the Marine Stadium. So I also want
to add that we -- that it was -- it took a lot of work. It took a lot of coordination. It
took a lot of worry about whether our regatta was going to take place or not,
because of the encroachment on our spaces and on our use of the facilities, because
of Ultra. But I do appreciate the work and effort and the suggestions that Mayor
Suarez made just now about how things could be changed. We don't want to take a
position on --for or against; we leave it to the Commissioners to make those kinds of
City of Miami Page 12 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
decisions, but we do want you guys to be aware that we're there all year long, and
our programs do get impacted when the boat show comes. Our programs do get
impacted when the Ultra comes. And so, if there's a way that you can mitigate those
impacts by making it -- by being more aware of our presence and aware of our civic
role in the community -- we keep kids off the street; we provide them with a very
wholesome activity, and we bring a lot of people to enjoy the waterfront in a
particularly unique way and in a historic way. So for that, I just want to make sure
you guys keep that in mind as you think about ways to tweak.
Chair Russell: Thank you.
Councilman Ignacio Segurola: Good morning, Commissioners, Mayor, staff. My
name is Ignacio Segurola. I'm a resident and a Council Member of Key Biscayne.
In addition to the comments that Council Member Petros and our Mayor made, I'd
just like to add, the experiment that was Ultra on Virginia Key was a failure. I don't
think there's any way to call it anything else. I'm sure you know the problems as
well or better than Ido, so I won't go through the list. What I'm asking is that you
please kill this now. It was only by sheer luck that there wasn't a tragedy on
Virginia Key during the event. If someone -- if one of the two people that fell off the
bridge would have gotten seriously hurt or killed, we'd be having a very different
conversation today. To have this event again next year will just basically be begging
for a tragedy. In addition to the answers, Commissioner Carollo, to your questions,
in Key Biscayne, our Chamber of Commerce reported that business was down 60 to
80 percent. Many of our businesses had to close down, because they couldn't
reliably get employees to come into the island. All of the traffic problems that took
place happened despite the fact that thousands of Key Biscayne residents evacuated
for the entire weekend. In addition to that, the quote/unquote, modification to the
traff c plan that took place from Friday to Saturday and Sunday only made the traffic
situation on Key Biscayne worse, because in order to stage more buses in front of the
event, they had to drive them down further into Crandon Park to turn around; and
traffic coming out of Key Biscayne, even though it was diminished because of the
evacuations, had to be stopped even more frequently. In a nutshell, the problems of
having the -- this Event in Virginia Key are simply insurmountable. There is no
traffic plan that will work. We ask you that you kill it, and please, let's move
forward in a positive manner to figure out how we're all going to live together on
Virginia Key, and figure out a mechanism where we can solve problems for future
events; not have to get stuck on this one.
Chair Russell: Thank you. Commissioner Carollo.
Commissioner Carollo: Councilman, did you say, or did I misconstrue what you
said, that there were two people that fell from a bridge?
Councilman Segurola: That is what I heard. There was confirmation. One woman
apparently jumped as some sort of practical joke. And a second person fell into the
water; had to be rescued by Police divers. The information on how that happened is
not exactly been taken out. What saved them is that they didn't fall from a higher
point of the bridge. If that would have happened --
Commissioner Carollo: Yeah.
Councilman Segurola: -- one of them would be dead.
Commissioner Carollo: Can we have a report on that; and for that matter, on all
police -related incidents for this afternoon, when we hear it?
Joseph Napoli (Deputy City Manager): Yes, sir.
City of Miami Page 13 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: Thank you.
Chair Russell: Thank you very much.
Commissioner Carollo: Thank you for that information.
Councilman Segurola: Thank you.
Chair Russell: Hello.
Mariella Lopez d'Albert: Good morning, Commissioners. Good morning, City Hall.
My name is Mariella Lopez d'Albert, and I'm here to speak on RE. 5, Blue Lagoon's
restriction to Northeast 68th Street. I want to thank the Mayor and Commissioner
Hardemon for the support for this resolution. I also want to thank Alan Dodd from
Public Works, and the Assistant Manager Nzeribe Ihekwaba. Sorry I couldn't
pronounce that correctly. And I want to thank you all very much for sponsoring this
and for listening to us, and listening our voices. Unfortunately, not all of our
residents could be here today, because they work, but Caroline Defreze and I are
designated representatives of our neighborhood to tell you thank you so much for
supporting this and we really need it, and a great job being done in listening. I want
to thank Willy Gort, Commissioner Carollo, Commissioner Reyes, Hardemon again,
and the Mayor for accommodating us and meeting with us and trying to meet with
us, and listening to our voices. And I would just like to approach the bench. Thank
you. Thank you.
Commissioner Carollo: How are some of your other problems that you had related
to us and the neighbors?
Ms. Lopez d'Albert: We still want to be notified about Code, because they have not
complied with all the Code Enforcements that they --
Commissioner Carollo: Such as?
Ms. Lopez d'Albert: Such as the fire hydrant is still not to Code; such as -- they're
trying to apply for a sidewalk cafe enhancement, and we'd like to know if that's
going to be passed or not. They still have a load of people on the corners, making
havoc with the traffic, trying to take pictures and so forth. The speeding is still going
on. The U-turns are still going on. It basically has same issues as always.
Commissioner Carollo: How `bout the --
Ms. Lopez d'Albert: The noise?
Commissioner Carollo: -- noise?
Ms. Lopez d'Albert: The music --
Commissioner Carollo: The music?
Ms. Lopez d'Albert: -- as well.
Commissioner Carollo: It's still going on, okay. So --
Ms. Lopez d'Albert: And they promised that they would change the speakers to the
side of Biscayne Boulevard in the personal appearance that we were here that they
spoke, and they haven't done that either.
City of Miami Page 14 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: Okay. Mr. Assistant City Manager, what has Code
Enforcement done on all these issues that were brought up here the last time, and
that you hear from this lady that she feels nothing has been done on it?
Mr. Napoli: Sir, our Code Enforcement has been there. There is the application for
the warrant for the outdoor cafe that has not been approved. The noise complaints,
I'm not aware of any new noise complaints that have taken place since the last time
you were here.
Ms. Lopez d'Albert: I beg to differ, because I've called five different times. On the
weekends, they've been playing the music so loud that I can hear it from my house,
and it's a Saturday and Sunday, and I don't think I have to hear "thum-thum, " Ultra
music. It's not Ultra coming into my home. I'm not being able to have a, you know,
decent Saturday and Sunday without thumping. So I beg to differ. If you want to call
the police log, you can; you can find out, or I can give it to you if you want me to
request it.
Mr. Napoli: I'll get back to you on the noise complaints --
Ms. Lopez d'Albert: Thank you.
Mr. Napoli: -- Commissioner.
Chair Russell: Thank you very much.
Commissioner Carollo: I would appreciate it; not just to me, but to Commissioner
Hardemon also; it's his district.
Mr. Napoli: Right.
Chair Russell: Good morning.
Javier Soto: Good morning. Thank you, Mr. Chairman. I'd like to thank
Commissioner Carollo for putting Discussion Item Number 3 on the agenda today to
discuss the Ultra on Virginia Key issue. I'm with the Miami Foundation. I'm the
CEO (Chief Executive Officer) of the Miami Foundation, which exists exclusively to
protect and enhance --
Chair Russell: Your name for the record, please.
Mr. Soto: Oh, I'm sorry. Javier Soto, CEO of the Miami Foundation, which exists
exclusively to protect and enhance the quality of life for all of our residents. We do
that through philanthropy, we do that through community building, and we believe
that our parks play a central role in building community and enhancing quality of
life. I've appeared before you in the past to advocate to the preservation and the
enhancement of all of our parks in the City. This work for us stems from quality of
life research that we've conducted through the (UNINTELLIGIBLE) Miami Report
that shows that Miami significantly lacks behind other comparable metro areas in
terms of available park space. This morning I'm here asking you to protect Virginia
Key Park by not extending the Ultra contract to occur in this park again next year.
In my opinion, it is simply not the right venue for a massive event of this scale over
three days. The disruption to the quality of life that you've heard from the folks
representing Key Biscayne this morning should not be seen as the only disruption
that occurred during that weekend. As I think all of you are aware, the disruption
stretched far beyond the shores of Key Biscayne and into the central core of the City
of Miami; particularly, anyone who lives in the southeast corner of the City of
City of Miami Page 15 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Miami. In addition, you heard about heard limited access not only to Virginia Key
Park during that weekend, but to Crandon Park, the Village Green, to Bill Baggs
State Park. It limited parks access during spring break to all of the residents of this
entire community, even beyond the borders of the City of Miami. So I ask you to
please enhance and preserve all of our parks, including Virginia Key Park, rather
than seeking to monetize them. Thanks very much.
Chair Russell: Thank you.
Caroline Defreze: Hello. My name is Caroline Defreze. I live at 635 Northeast
68th Street. As you -- and I'm here to speak on RE. 5. As you remember, we came
last month, and we talked about quality of life issues that had impacted us on the
street. I live next door to the business, so we saw videos of traffic problems, of loud
music, and overuse of police to sort out the traffic on the street. I'd like to thank
Keon Hardemon, Commissioner Hardemon, for supporting the resolution, and for
the Mayor as well, and for you guys for meeting with us to understand what was
going on. We came to you for leadership. We were frustrated with the lack of Code
Enforcement and other issues with the City Mana -- the City Administration, and
that's -- and now it seems that you guys heard us, which is really an excellent thing,
and we don't see this as the be all and end all of everything. We don't think that it's
going to cure everything overnight, but it is going to give us back some of our quality
of life from the intrusion of -- for the -- from the traffic. And I think that the
restaurant is listening. I think that the restaurant knows that our City leaders have
an eye on them, and hopefully, that will change things. We're happy to support your
constituents, Commissioner Reyes, in your area, where they're facing the same kind
of problems, and we hope that you will accept the resolution. Thank you.
Commissioner Carollo:
Ma'am, before you go, for the record --
Ms. Defreze: Yeah.
Commissioner Carollo:
-- the Code Enforcement problems --
Ms. Defreze: Yes.
Commissioner Carollo:
-- that you and your neighbors addressed when you were
here last --
Ms. Defreze: Yes.
Commissioner Carollo: -- are they still ongoing, or --for instance, the loud music?
Ms. Defreze: I mean, I think that -- I live next door, and I think that they've been
making efforts to quell the music. I think that it's dependent on how they want to be
from one day to the other, and that's not really what I'm looking for. Like, I would
like to trust my government, to trust Code Enforcement to be out there when it's
necessary without calling 911, without calling the police. So they've definitely been
improving. As Mariella said, they haven't moved the sound system, so it's still there,
so you could still turn it on, you know, really loud. But I'm hopeful that they're
listening to you. I have noticed a difference, and I don't know whether the Code, you
know, is being followed or it isn't, because, you know, we had six months of this. It
was very stressful. You get burned out. You know, you feel helpless, and we felt that
we were being listened to you -- by you guys --
Commissioner Carollo: Well --
Ms. Defreze: -- so we've been a little bit more --
City of Miami Page 16 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: -- I --
Ms. Defreze: -- a bit calmer, you know.
Commissioner Carollo: Yeah, I could certainly understand how you felt. I'm a
Commissioner in my district --
Ms. Defreze: And it was (UNINTELLIGIBLE) --yes.
Commissioner Carollo: --and I feel the same way many times.
Ms. Defreze: Thank you. I mean, it was really --it's been really good to be heard,
because when it's your quality of life, when you're --
Commissioner Carollo: Sure.
Ms. Defreze: -- you can't sleep because there's music, when you can't -- you know,
you have cars racing up and down the street; when your life is really changed after
20 years of peace and quiet in the same house, you know, it means a lot to be heard,
and that's what you guys are here for, right? So thanks very much.
Commissioner Carollo: Well, what it really comes down to is that in America, we're
all supposed to be treated equally.
Ms. Defreze: Absolutely.
Commissioner Carollo: Even the rich and the famous --
Ms. Defreze: Exactly.
Commissioner Carollo: -- have to be treated the same way as everyone else.
Ms. Defreze: It's a very tricky thing to balance the commercial needs with the
residential needs. It's very tricky, and it does need leadership, and I think this
proves this. So thank you.
Commissioner Carollo: Thank you.
Chair Russell: Thank you very much.
Leah Kinnaird: Thank you, Mr. Chairman and Commissioners, and Mr. Assistant
City Manager. My name is Dr. Leah Kinnaird. I live at 9040 Southwest 97th
Terrace, and I'm a co-founder of the Virginia Key Alliance, and I'm here to oppose
having Ultra return to Virginia Key, because I believe it's the wrong place. And I
just want to make a couple of points. One is, I think it is very important that you not
ignore the Virginia Key Advisory Board, and that the Virginia Key Advisory Board
be included in all decisions and in the reporting and details that need to continue to
come forward. I would also like to request that you consider the time that major
events are taking away from the potential to renovate the Marine Stadium, and then
to conduct events at the Marine Stadium when the space can be occupied from
November into early April. I thank you for paying attention to Key Biscayne today.
And I'd like to also mention that there are subtle changes in the environment that
have not yet been identified. I had trouble getting in through security with this this
morning; it look like a weapon, but these are pieces that I picked up last night in
about five minutes' time from fencing. When you cut up chain-link fence, this is what
is left behind, and it's very dangerous for people who are walking around in water
City of Miami Page 17 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
shoes or for bicycle tires, things like that. And so, I wanted to point out that there
are things about the environment that have not yet been discovered. And I would
like to make one other point, and that is, there is no promise that disorder would not
occur in the future in an event like this. Thank you very much.
Chair Russell: Ma'am, where did you find those cuttings from the fence?
Ms. Kinnaird: These were on the space that was behind where the main stage was,
and just west of the Miami Rowing Center, in a very small piece of property. It was
in maybe an eighth of an acre of land. And I don't know whether chain-link fence
was used in other places, because there was lots of fencing that was put up, but I
don't know if it was chain-link, but I don't know what other subtle sorts of things are
left behind.
Chair Russell: All right.
Ms. Kinnaird: Major trash definitely was well taken care of, but this sort of thing
could continue to be there.
Chair Russell: Thank you. Thank you for your comments.
Commissioner Reyes: Excuse me. Ma'am, was that area fenced before --
Ms. Kinnaird: This is --
Commissioner Reyes: --or had never been fenced? Because we --
Ms. Kinnaird: -- an area --
Commissioner Reyes: -- have to make sure that it is theirs.
Ms. Kinnaird: -- where fences go down and fences come up for major events. So
this was a fence that was --
Commissioner Reyes: Okay.
Ms. Kinnaird: -- put in place, and then a fence that was removed.
Commissioner Reyes: And when the boat show came in, was there -- they also
fenced that area?
Ms. Kinnaird: This is --yes.
Commissioner Reyes: Okay.
Ms. Kinnaird: The boat show as well.
Commissioner Reyes: I mean, every time there is -- been fenced for ages. I mean,
every time that --
Ms. Kinnaird: Correct.
Commissioner Reyes: Okay. So we are -- we want to make sure, if we're going to
accuse them that it's theirs.
Ms. Kinnaird: Yeah. Well, my question is, how was fencing -- the removal of
fencing occurring? Because Ultra provided major --
City of Miami Page 18 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Reyes: Yes.
Ms. Kinnaird: -- fencing to Virginia Key.
Commissioner Reyes: And don't get me wrong; that shouldn't happen, whoever is
fencing those -- that area, when they're taking the fence out, we don't need any -- I
mean, we didn't allow any pollution --
Ms. Kinnaird: Correct.
Commissioner Reyes: -- regardless of who the culprit is.
Ms. Kinnaird: Right.
Commissioner Reyes: I just wanted to make sure, because we have to keep an eye on
all the people that comes there, too.
Ms. Kinnaird: Right. Thank you very much.
Chair Russell: Thank you, ma'am. Sir.
Balazs Vandor: Thank you for the time. I'm here to speak -- to oppose Ultra
returning to Virginia Key. My name is Balazs Vandor. I'm a citizen -- a resident of
the City of Miami, and a user of the Miami Rowing Club. I was very surprised to
find that the Miami Rowing Club was not included in Ultra's impact assessment
document, while all the other entities on the island were, and I would argue that the
rowing club was the most impacted by Ultra. The rowing club is home to several
rowing and paddling teams, and other activities used by hundreds of people. My
team has specific practice plans to prepare for speed races. They are impacted by
the closures due to the boat show, due to Ultra, but we are also impacted before and
after, due to the extensive construction; for example, parking location changes
between the MAST (Mathematics, Architecture, Science, Technology), the MRC
(Miami Riverside Center), across the causeway cause confusion. Moreover, I think
it is insane that if you stated that you're going to the rowing club, you were allowed
in the construction zone. I mean, you could -- allowed to drive in, to walk in; in my
case, I would bike in. And then, of course, our evening practices end after dark, and
at this point, anyone could hide any package or enter a surprise package somewhere
on the ground, which I find scary. So given the poor job that Ultra has done, both
with impact assessment and the job site security, I don't have much confidence in
what else they might have missed. I'm also very concerned about the process of
approval for this event; that the Virginia Key Advisory Board was not consulted; the
impact assessment was not required before the approval. I fully support using the
Miami Rowing Club and the flex park for regattas, triathlons, sailing events, other
similar events, for which I think is perfect. I really support expanding the use of the
rowing club for other sports, like sailing would be obvious, but it's hard to expand
the use of the rowing club if every time there is a bigger check coming, then, you
know, it gets shut down. So I think the main purpose of parks should be recreation,
not that revenue regeneration, and I urge you to not renew Ultra's contract. Thank
you.
Chair Russell: Thank you very much. Good morning.
Dana Biddle: Good morning. My name's Dana Biddle, and I'm a student at
University of Miami. And Ultra violated the environmental plan, because -- it filed
with the City, by using a private company to spray for mosquitoes, specifically, and
treating water bodies at the Virginia Key with BDI (Bio-Dechlor Inoculum) drips
City of Miami Page 19 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
and the company they use is Mosquito Joe's, and they used a product called
Ascencia, which is on their website. They market it as a product labeled by -- to be
treated and control over 30 species of insects. And it also states that this powerful
product is natural and organic, which means that it is virtually harmless to people,
birds, and even fish. But, however, if you look at the big picture, this product is
extremely harmful to any species that consume those insects, and Virginia Key is a
very important rookery for a lot of birds and for the migration patterns, and they use
that area to feed and for nesting. So this is a very important area to protect not just
those specific species, but what they eat. And this includes 208 bird species, and it
includes one species with Federally -threatened designation, and nine with
threatened designated State species. So the long-term effects are very hard to
measure, but it's important to include this in the environmental plan in the future, to
understand that.
Commissioner Carollo: Let me ask you a question, since you seem to be
knowledgeable in this area. Whom might we have locally that might be able to test
any of these species to see what level of that particular chemical they might have in
their system, and to ascertain if it's higher than what it should bel
Ms. Biddle: Bioaccumulation is important, so in certain species that are eating
lower in the food chain, the more they eat of that, then it'll accumulate in the higher
species to the birds.
Commissioner Carollo: Yeah.
Ms. Biddle: So it'd be hard to test in the birds whether or not those chemicals are
present, unless there's a large concentration.
Commissioner Carollo: But how long does that stay in the environment that if they
eat from it, it would affect them more? Does it stay in the environment for a very
short time or for a prolonged period; that the more they eat, the more they have a
possibility of a higher level?
Ms. Biddle: I'm not sure about that actual pesticide that's used, because it's a
natural one compared to other ones, like -- that have more chemicals in them, the
buildup. But Audubon Society is definitely someone to reach out to to understand.
Commissioner Reyes: Does Audubon Society, they have any previous studies about
the effect of noise -- I mean, not that continuous noise, but noise three days out of a
year, the affect it has on the migratory pattern of birds or on how they're going -- on
nesting habits? I mean -- because if you have one -- a study like that, I would like to
read it, because -- I mean, we are talking about the noise that is going to affect the
migratory -- that's what you were saying -- migratory patterns of the birds, and also
the nesting habit of them. But I want to know if there is a long-term effect, or if it
requires more than three days, two days, or only one minute, okay? If you have one,
please let me have it.
Ms. Biddle: Okay. Thank you.
Chair Russell: Thank you very much. Good morning.
Sunny McLean: Good morning. My name is Sunny McLean. I live in Coconut
Grove, and I'm also a co-founder of the Virginia Key Alliance. I'm here today to ask
you to carefully review and consider Ultra's return to Virginia Key. I'm not against
music festivals; been to quite a number in my time. I only ask you to consider if
Virginia Key is the right venue for a production of this size and impact. You've
heard all of this before, but it's important to say it again. Since 2010, there has been
City of Miami Page 20 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
a public interest in increasing park space for Miamians. The Virginia Key Master
Plan was created to help realize a public park on Virginia Key. It's now 2019, and
much of what the Virginia Key Master Plan requested has not been realized, but the
public desire for a park still remains. There was a meeting not too long ago with
(UNINTELLIGIBLE), and the public that was there was very much and very
continually strongly in favor of a green space on Virginia Key and not the cement
slab that we unfortunately have. The Virginia Key Advisory Board is charged with
protecting Virginia Key, and they have been advising restraint, and they've issued
two resolutions to that effect. I would ask you to please let the Virginia Key Advisory
Board and the many interested citizens gather information to determine the impact of
Ultra, and to hold off your opinions until all reports are in; not just your after -action
reports, the ones from the City, or the post festival documents from Ultra. There
may be long-term environmental impact; very hard, in 60 days, to come up with
really strong evidence of that, but this is what we hope to be able to do.
Chair Russell: Thank you, Sunny.
Ms. McLean: And lastly, consider your legacies. What is the image of the City of
Miami? What is it all about? Are we about large -- yeah, maybe flashy events and
amusement parks, targeting tourists, or should we invest in more green spaces that is
so much wanted by the residents of Miami?
Chair Russell: Thank you, Sunny.
Ms. McLean: Thank you.
Fane Weisman: Fane --
Chair Russell: Good morning.
Mr. Weisman:: -- Weisman. I came here to oppose -- I came here to support
converting the FEC (Florida East Coast) Deep Water Slip into a marina. I will get
to that momentarily. But I also support Ultra going back to Key Biscayne. I'm going
to tell you why. Over your shoulders, the City of Miami was incorporated in 1896;
123 years ago. Key Biscayne was incorporated in 1991, which is 28 years ago. The
population in Key Biscayne is 13, 000 people on the 2017 Census; the population of
Miami is 463, 000 residents. I am, for lack of a better word, sick and tired of Key
Biscayne coming in threatening the City of Miami and the County over the boat show
and over Ultra. You add --we just had the Mayor say that the financial impact in
the City of Miami was $220 million over the last five years just on Ultra, and there
was some other financial impact after that. The boat show was in the billions; yet,
13,000 people come here and whine because of the couple weekends a year that
they're inconvenienced going over the bridge. Nobody forced them to move to Key
Biscayne. Virginia Key is our property, and we should keep -- we should just do
what we want to do, and we'll try to accommodate them, but don't come tell us what
to do. I'm just tired of these constant threats of lawsuits from them. Now, getting
back to the FEC Deep Water Slip. Major cities around the world have marinas in
their downtown area. That slip is being used as a marina now by mega yachts. I've
seen yachts that are 250 feet long. That space should be used to accommodate as
many boats as it can, because we have a shortage of marinas in South Florida.
Why? Because condos are taking away marinas; other types of developments. I'm a
boating enthusiast. We need to try to -- any place we can put a marina, we need to
take advantage of it. And one more thing: We can make Miami a test bed for new
floating infrastructure. I am developing a -- I only have one of these copies; I'm
going it to give to Commissioner Carollo. I am developing on 51 acres of privately -
owned submerged lands that I own in Singer Island, Florida, eight miles north of
Mar-a-Lago, a revolutionary stilts home community. I think the FEC Deep Water
City of Miami Page 21 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Slip should be used for recreational marina, and a portion of it should be used for
revolutionary floating technology, where Miami could become a test bed for floating
technology, as we have rising seas. So to leave that as a park is a mistake. We're
going to have parks under the Metrorail. There's parks allover the place. We need
to use that for test bed for new technology, and we need to put as many slips as we
can put in there to replace slips that we've lost from residential private development.
Thank you.
Chair Russell: Thank you.
Commissioner Carollo: Can I get you back here for a moment? You definitely
caught my attention on the floating docks. I'm a believer in floating docks, and any
new technology, I will be very interested in seeing. This new technology that you
mentioned in the floating docks, what amount of weight can it hold? Can it hold a
substantial amount of weight on top of it?
Mr. Weisman: I was fortunate when I won my Supreme Court case in 2013 that
redefined what is a vessel, which it's not. It involved the floating home case.
Commissioner Carollo: Well, you -- then you're the guy that made the law that if
you're having a houseboat in a lake, in any water body, it doesn't need any
permitting. Were you that guy or--?
Mr. Weisman: What it does, it cannot be arrested in a Federal maritime action. It
comes under State jurisdiction. My home was arrested by the Federal authorities
and ultimately destroyed, and the Supreme Court said that was a mistake. But what
it did, that publicity exposed me to floating technologies from around the world.
Commissioner Carollo: Okay.
Mr. Lozman: You can put a football stadium on afloat.
Commissioner Carollo: Yeah.
Mr. Lozman: You can put a nuclear power plant on a floating platform, but floating
platform technology is incredible. If you don't want to fill in the FEC Slip -- You
could actually put a soccer stadium on floating technology, and I got exposed to that
when they reached --
Commissioner Reyes: That's a good idea.
Mr. Lozman: -- out to me from around the world, floating technology. So I could sit
down -- we could have lunch one day, and I could explain it to you. But the floating
opportunities to put major structures in Biscayne Bay and other waterways is
remarkable, and they do that in other parts around the world.
Chair Russell: Thank you, Mr. Weisman.
Commissioner Carollo: I'll read that carefully.
Mr. Weisman: All right.
Commissioner Carollo: I might give you a call. Thank you.
Chair Russell: The Clerk is making copies for all of us.
Commissioner Carollo: Thank you.
City of Miami Page 22 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: Good morning.
Andrew Carter: Good morning. My name is Andrew Carter. I'm Research Director
at Miami Waterkeeper, an environmental nonprofit, focused on, among other things,
marine conservation, habitat protection in South Florida. I live at 2508 Southwest
19th Terrace. That's about 4.5 miles from the venues of Ultra. I could hear the
music clearly in my house with my doors and windows closed. There was excessive
noise. Ultra's first weekend had -- in addition to excessive noise, it had
transportation problems that are inherent to the area. There's no way to be
organized enough to get past the fact that there's one way in and one way out.
Miami areas are shortage of parks and green space. Events like Ultra make Miami
have less green space, less effective green space. And there's a disturbing trend of
monetizing our parks for private use and for expensive events, and I think that goes
against the purpose of these parks and green spaces in the first place. Ultra blocks
access to the beaches on Virginia Key and Key Biscayne during the weekends of
spring break. Ultra blocks access to Virginia Key Park and Marine Stadium for
weeks before and after the actual events. The area around the concert is
environmentally sensitive. It includes critical wildlife areas, restored beach dunes,
and mangroves. And we still don't know the actual environmental impacts from
Ultra. We're still trying to figure out what happened, and we might not ever know,
just because of the size of the park and the size of the disruption. There area lot of
areas in Miami that could be a better venue for Ultra, where we would still get the
economic benefits and not have these transportation environmental issues. I urge
the City Commission to revoke the license agreement. I urge the City Commission to
focus on preservation and conservation in Virginia Key. For example, the
mangroves that were illegally removed from Marine Stadium three years ago still
have not been replaced like they were supposed to. I'd like to see that happen. And I
just urge you all to revoke the license agreement. Thank you.
Chair Russell: Thank you very much. Mr. Ehrlich.
Peter Ehrlich: Thank you. Good morning, Mr. Chair, Commissioners. Peter
Ehrlich. My address is 720 Northeast 69th Street, and I'm here to speak briefly on
three items. The first item I'm speaking on is because I'm a mem -- a board member
of the Virginia Key Advisory Board. Chair Joe Rasco was unable to come today.
But I am distributing two resolutions that were passed by the Virginia Key Advisory
Board; one was dated in November of 2018; the other is dated in February of 2019.
Both of these were in opposition to the Ultra Festival. We will be meeting -- the
board will be meeting on April 23. At that time, we will hear from stakeholders, and
we hope to hear from the City pertaining to the due diligence on the 2019 Ultra. At
that time, we will likely come up with a recommendation for a 2020 Ultra, and we
hope that you will continue to -- you and your staff will continue to accumulate
information and present it to us on the 23rd of April. On another note, on RE. 5, the
item pertains to the barricade on Northeast 68th Street. I'm also a board member of
the MiMo Historic Board and the Urban Environment League. And I support our
neighbors on Northeast 68th Street and Commissioner Hardemon, and Fran --
Mayor Suarez for sponsoring the item, RE. 5. So I support that, and hope it passes.
And also, supporting Chairman Ken Russell's efforts on RE.6, the FEC Slip in
maintaining the natural elements of our parks, that slip in our park system. Thank
you very much.
Chair Russell: Thank you, Mr. Ehrlich.
Samantha Souvigny: Hi. Good morning. My name is Samantha Souvigny. I'm
currently a resident right next door at Dinner Key Marina. I live aboard with both
my children. I'm actually here to speak on Ultra, DI. 3. Thank you. Honestly, I'm
City of Miami Page 23 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
with everybody's point to oppose it. Everything they said, I'm onboard a hundred
percent. But honestly, I came here to speak for those who couldn't speak, like my son
here. All the animals -- You know, I have 14 -year-old daughter as well. We live,
breathe, eat everything on the water, you know. It's our livelihood. I taught my
daughter to drift dive. And, you know, at nine years old, she was diving 25 feet off
Virginia Key on her own, free diving. I don't think my son will ever be able to
experience that when he's that old, because of things like Ultra. Now, I also want to
state that I go to these things, you know. I'm 33 years old; I grew up going to winter
music conference and things like that, so it's not that I'm against it at all, but
definitely finding something that's not an environmental sanctuary. You know, I
know it's not part of Biscayne National Sanctuary, but it's a spitting distance, and it
carries all those things that the sanctuary does carry; you know, the micro metal that
she brought in, the micro plastics. I know it sounds cliche, but it's a big issue. It's a
major issue. I can't swim off Virginia Key now without getting plastic in my hair and
picking it out of my kids' eyes. You know, it's a serious issue. And things like that,
where it can be contained as opposed to drifting out when high -tide comes in and
coming back out, are major points. And that's why I got up early today, and I
dressed my kid, and I sat here. I know I got a lot of mean mugs, because my kid's a
little high strung, but it really needs to be said for the kids, you know, when all the
animals that -- they're not going to be able to -- when -- Biscayne Bay, if you lived
here all your life, when you were my age, when you were his age, wasn't it clear?
You know, I have everybody telling me that. I miss -- I wish that they could see the
beauty in the water that is still there. That's all.
Commissioner Carollo: I'm going to tell you just how much it's changed. And I
remember when I was 15, and we moved down here from Chicago, my dad used to
love to go fishing. That was what he loved. And he would go from the old
Rickenbacker Bridge, before we got the big one, and he would fish from there, and
he would catch every kind offish you can imagine, from Mackerel to king fish to
grouper, and I'm talking about in large quantities.
Ms. Souvigny: Oh, yeah.
Commissioner Carollo: I remember one time, he went to the South Beach Pier with
me, and he had this spoon that he made himself -- he manufactured it for himself --
that was real shiny, so he didn't need any bait. He would just throw it in, catch the
school of Mackerel and king fish that were there; just hall them in, and he had all
these old guys; they were all ticked off at him, because they had to be getting bait; he
didn't need any bait. He was just throwing in, catch them, bringing in. You know, I
was a teenager. I'd get them out, and pretty soon, I was selling -- we had so many, I
was selling some. And eventually got to the point that you couldn't catch anything
from there. So he bought a boat, and he would go out. And I remember that the last
days that we would fish, he would have to go three, four miles out, sometimes even
five, and it wasn't a large boat, so, you know, when you saw big hammer head --
Ms. Souvigny: It's not easy.
Commissioner Carollo: --floating on the top, you got a little whizzy. And he had to
go out that far to catch fish. And we're talking now -- you know, my dad died in '91;
quite a ways back. Now this whole area has just been wiped out --
Ms. Souvigny: Yep. We go all day, and you can't --
Commissioner Carollo: -- offish.
Ms. Souvigny: -- catch anything. And those memories you have are priceless.
City of Miami Page 24 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: It'll never be the same again. Yeah.
Ms. Souvigny: We can't give that to our kids unless we stop things like this, you
know. That's --
Commissioner Carollo: Anyway, God bless you.
Chair Russell: Thank you for coming today. Thank you for your time.
Ileana Arriola: Good morning.
Chair Russell: Good morning.
Ms. Arriola: My name is Ileana Arriola. I live at 800 Northwest 13th Avenue,
Apartment 601; district, Joe Carollo. First of all, I find it so disrespectful, even
though he's our Mayor and Commissioner Hardemon, of having step out right from
the beginning from public hearing. I think they should do their work and stay and
listen to us. Ultra, I was notable to hear. I wish I could. I guess I was too far. But
my suggestion to you, since I started hearing -- I wasn't going to talk about it. It's --
go back to history; Woodstock. Read, inform, learn, and do what's similar to it, so it
will become writing the right books of history for Miami.
Commissioner Carollo: Were you at Woodstock, Ileana?
Ms. Arriola: No, honey. I was all the way in Washington State, unfortunately. I
came here because I have an issue with the Seniors Advisory Board. I hope that you
choose the right people to conduct it. I'm a seniors [sic]. And the law enforcement -
- recently, I encounter -- I would like to know from you gentlemen and Chief of
Police Colina: What's the difference in a sexual assault between either one -day-old
baby to 151 -year-old person? There's none. Sexual assault and sexual harassment
is the same. In my building, I was sexually harassed on March 20 by one of the
residents, same age as mine, and I called the police officers, and he refused to attend
to my life safety. They only said -- and I quote -- "They will not arrest a lady
because" -- I mean, I'm not a 16 year-old person, but a 69. Therefore, there will be
no arrest, even though a sexual harassment is considered "L&L, lewd and
lascivious. We gave them hell. My niece from North Carolina learned about it
through Facebook, because I was angry, and I post it on Facebook; hashtag
everybody. I hashtag everybody. My niece called the Police Department the next
day, on March 21, and gave him hell. An officer name Nadar made sure that
another officer would come to my house -- to my apartment building and file a police
report, because officer -- no, I don't call him officer -- Cop McCraig (phonetic) said,
"You can tell Chief Colina that the Detective McCraig (phonetic) says, `There's not
going to be any arrest. "' So one of your cops is telling you, the Chief of Police, that
he commands more than you do, sir. So the next day I was given an incident report,
because I pushed to it; the third time for them to come to my home on March 20. On
March 21, Officer Carona came in with an attitude, and I was upset, and I told him,
"Just listen. What would you do if it would have happened to your mother?" And
he said -- and I quote -- "Don't get my mother involved in this, " end of quotation.
So I said, "You either file a police report or else I'm going to throw you out of here
and get another police officers [sic] to do it. " He calmed down. He knew I was in
an attitude. He calm downed, and he gave me a police report. I have called the SVU
(Special Victims Unit) Unit; they refused to see me. And the last card that they gave
me is called -- go to the District Attorney's Office, which I'm going tomorrow. I
think that should not have happened to me, to a child, to an older person, or
whatever; or a man or anybody. An L&L is an offense. If this is not going to get
prosecuted, there will be a big harassment to the City of Miami, because I will be
getting in touch with `Me Too Movement. " And therefore, if this is not prosecuted --
City of Miami Page 25 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
it's not a threat; it's a fact -- I will then for then --forever then more, I will defend
them, the rapist, because you are not acting on my protection. What does your car
say? "To protect the community and defend. " You're not.
Chair Russell: Thank you, ma'am.
Ms. Arriola: I have called the City -- the Mayor. I have called the Mayor; I have
left several messages. I have spoken to Jose, which I know him personally. Nothing
has been done. I have feeled [sic], ever since March 20, sexual harassed over and
over and over and over again. This should not happen. Senior Advisory Council
should be for the seniors. The law enforcement should be for everybody; no
discrimination in age. Thankyou.
Chair Russell: Thank you, ma'am. Chief, can you work directly with her offline?
Commissioner Carollo: Excuse me. Mr. Manager, could you get me a copy of the
incident report that she mentioned that was made? I don't know what's the date that
she mentioned that it was made on, but she mentioned March 20 as the date that the
original incident happened.
Ms. Arriola: Commissioner Carollo?
Commissioner Carollo: Yeah.
Ms. Arriola: Incident report was on March 20; police report, March 21.
Commissioner Carollo: Okay. Can you give him both of those?
Ms. Arriola: I have the copies right here.
Emilio T. Gonzalez (City Manager): Sir, I'll get a copy, and Chief Colina will be
happy to --
Commissioner Carollo: Yeah.
Mr. Gonzalez: --follow up on this.
Commissioner Carollo: Yeah. If you could give him, before you go [sic], both of the
incident report number and the police report number, so they could get it easier?
Ms. Arriola: And this is not the first time she does it. She's continually doing it, but
this day I got fed up. It was more than enough. Thank you.
Chair Russell: Thank you very much. Thank you, Chief. You'll work with her?
Thank you. Good morning.
Rachel Skubel: Hello. My name is Rachel Skubel. I'm a Ph.D (Doctor of
Philosophy) candidate in Environmental Science and Policy at the University of
Miami, and I live here in Coconut Grove.
Vice Chair Gort: Bring you mike up.
Ms. Skubel: Sorry?
Vice Chair Gort: Bring your mike up.
City of Miami Page 26 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Ms. Skubel: Yeah. Sorry. So I'm here specifically to oppose Ultra returning to
Virginia Key, and also the monetization of Maurice Ferre Park. And I acknowledge
the opportunity to bring revenues through some of our most beautiful areas;
however, the ecological habitats here, you really can't find them anywhere else in
this planet, and scientists around the world know this. So I think it's a really unique
opportunity to show how Miami is fostering protection of those habitats and
involving its citizens in those protections. So specifically, with respect to Ultra, I --
so my research focuses on how environmental change and social change are
affecting sharks and shark fisheries around Miami. And I've been conducting
research whilst there have been these loud events around Virginia Key, and, you
know, it's no secret among marine biologists that we don't see our animals as much.
They don't come back for a while, and this has really long-term impact. So because
we're in such a unique area, animals might come by, you know, one day out of the
year on the course of their long, long migrations. And if that one -- you might think
it's maybe one or -- day of the year, or one week of the year, but it has a really,
really big impact. And the other thing about Miami, which is important to know, is
that it's not just one thing. We are dealing with climate change. We've historically
had a lot of over -exploitation of our resources, our land, and our seas. So it's not
just that. Maybe if all those things weren't around, Ultra might not be a concern, but
because all those other things are around, this can be that tipping point, and this can
be one of those things that really does cause a bigger impact than you would expect.
But as I said, I think this is a really great opportunity for solutions. I'm a solutions -
focused scientist, so we could really be a global leader in showing how we can
develop and promote tourism, while protecting our amazing natural assets, which is
why I was drawn to Miami in the first place. And we have world-class researchers
at UM (University of Miami) and at FIU (Florida International University), who
would be more than glad to help out with this really great research opportunity to
see how these events are impacting our resources.
Chair Russell: Thank you very much.
Ms. Skubel: Thank you.
Commissioner Carollo: Before you go --
Ms. Skubel: Yeah.
Commissioner Carollo: -- University of Miami has some marine campus there.
Ms. Skubel: Yes.
Commissioner Carollo: NOAA (National Oceanic and Atmospheric Administration)
Ms. Skubel: Yeah.
Commissioner Carollo: -- I believe still has an ojfice there.
Ms. Skubel: Yes.
Commissioner Carollo: Has anyone seen -- or can speak to any impact that the
noise had on animals or in the fishery since it happened?
Ms. Skubel: So there is a member of my lab, who I can put you in touch with, and
he's studying the impacts of noise on sharks around Virginia Key and Ultra. And we
were recording noises in the water before, during, and after, so I can connect you to
that.
City of Miami Page 27 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Hardemon: Mr. Chairman?
Chair Russell: Commissioner Hardemon.
Commissioner Hardemon: I've noticed that when it comes to noise, music around
Virginia Key, it's usually tied to Ultra, so it's always the effect of Ultra music on the
animals. But what's the -- I mean, do you all research the effect of other music on
the animals as well --
Ms. Skubel: Yes, sure.
Commissioner Hardemon: -- such as the reggae music that's from the music
festivals out there?
Ms. Skubel: Yes. So --
Commissioner Hardemon: Because there's a lot of festivals that --
Ms. Skubel: Yeah.
Commissioner Hardemon: -- occur on that stretch of land, and --
Ms. Skubel: Yeah.
Commissioner Hardemon: -- festivals have occurred there for a very long time.
When blacks had to be there to enjoy the beach, that's where blacks had baby
showers and they had parties, and they had concerts, et cetera. And so, Virginia Key
has a long tradition of being a venue space, as well as a space for people to enjoy
the beach, as well as a space for people to enjoy the nature. And so, you know, a lot
of times, I get confused as to why it is that the attention is always put on necessarily
Ultra, and this is the first time they're there versus --
Ms. Skubel: Yeah.
Commissioner Hardemon: -- other festivals that are continuously held in that space.
And what's the difference with today versus, you know, decades ago, when that was
the concert venue space for the African-American community? Why, all of a sudden
now, it --
Ms. Skubel: Yeah.
Commissioner Hardemon: -- can't be used that way?
Ms. Skubel: And so, what comes to mind initially is the concept of scale. So I'm a
firm believer in using those natural areas and for them being accessible to everyone
for recreation. I think that's really, really important, and it has historically been a
really great role of that park. But I think what has drawn everyone's attention to
Ultra, apart from it being right across from our marine lab -- so all the academics
and researchers being a lot more aware of it, you know, through the weeks before it
happened -- that's 60, 000 people per day. And so, it's really hard -- you know, even
though you might have the best plans at mitigating environmental impact, but with
that many people and that scale of an event, it's really hard to -- you know, to know
what harm you're causing. There's more chances that something will go wrong; not
just for pollution, but also for people. I mean, it could be a people -safety problem;
they're right by the water. So it's just a matter of scale. So if it's a smaller music
festival, like we've had before, we don't really have those same concerns, but because
City of Miami Page 28 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
it as -- it is at this level, that just kind of raises the stakes and raises the potential for
something to go wrong.
Commissioner Hardemon: And when you say, "something to go wrong, " you're
particularly referencing the effect that it has on animals and fish and birds, and
wildlife; to that extent, right?
Ms. Skubel: That is right. Well, I see -- I don't think that anything exists by itself.
So when I look at Virginia Key and its wildlife, I look at something called the
"social -ecological system, " so that's the whole human and nature interaction. So we
would have to look at, you know, not just the animals, but also, all the people that
are impacted by it, and kind of how, together -- so I don't think that it's just wildlife;
I think it's also people that we have to consider. And one of the things I study is how
people's use of wild areas impacts their well-being, mental well-being, community
identities; and, you know, any restriction of access that also comes with that is apart
of it, too, you know, people's feelings that they can access those parks, because
visiting a park like that just one time can make a difference for your whole life, in
terms of how you see yourself and how you see the world. So I think it's more than
just the wildlife.
Commissioner Hardemon: And particularly, the reason I ask about things like that
is because, you know, I have this issue in parts of my community related to gun
violence and the effects of gun violence, right? And what I've seen is that it has a
huge detrimental effect upon the people that live in the area.
Ms. Skubel: Yeah.
Commissioner Hardemon: So there was a shooting on my street just yesterday.
Ms. Skubel: I'm sorry.
Commissioner Hardemon: I was outside with my daughter, and I had to lay on the
ground outside, with her tucked up under me, and the police responded relatively
quickly. One person was shot. And I -- and she didn't understand what was
happening, but, of course, I did. And so, I walked down; not to speak with the police,
but just to talk with the neighbors in the space to see exactly what they were feeling
about the area. The helicopters were all over. The undercover detectives were
moving all around. And I thought about growing up in this community and
witnessing friends of mine's [sic] that were shot to death, family that was shot in the
head, all within the same sort of area. And, you know, we know that it has a huge
physical effect, psychological effect on the children and everyone within the area,
but I've -- only until recently with the shooting that happened at Parkland have I
seen the State, for instance, have this concerted effort, but it's all surrounding gun
violence. Well, in a particular fashion; safety around schools, et cetera. I've never
seen such a concentrated effort on safety of these neighborhoods; people saying,
"Well, wait a minute. If there's gun violence there, then the senior that lives next
door, the person that's the millennial that's next to her, or the children that are in
that area are really suffering from this, " and there needs to be more resources,
needs to be more attention, there needs to be more research put into these spaces,
becausewhat I've found is that when we try to put additional monies into
neighborhoods of color that are suffering from these particular types of effects, we're
criticized. You know, we're told that, "Well, those are areas that don't produce a lot
of tax benefit resources. Those are areas where the people are, you know, convicted
felons, " et cetera; I mean, as if the people aren't deserving of that sort of resource.
So it -- I -- I'm asking you this -- and this is, you know, in the open, because I found
you to be very reasonable in the way that you respond and also very thoughtful. And
so, I know that people's missions are different, and your mission is different in the
City of Miami Page 29 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
sense of what you're researching versus what others are, but I'm sure you have
friends -- because you're in academia -- that have researched other issues. And my
question is, how was it that you believe that we can have the same sort of attention
placed on the people who are suffering in environments like that versus on birds, et
cetera, environment, and situations like this, where we're considering music?
Ms. Skubel: I think that's a tough question, and I think -- I've really been trying to be
like, "How can I think about things that are solutions framework instead of just
finding problems? " And I have seen some really powerful discussions come out
about communities that come together and are resilient, and how powerful that is in
the face of natural disasters, so I think you can look at it in terms of doing this really
stakeholder -empowered assessments and procedures, where --you know, it's like you
said; it's not just the immediate impact, but it really branches out. So by investing in
those communities and showcasing all the stories that you have, and then also
showing, you know, communities that have come together and have been able to
form bonds, and have been able to really have strong connections, we see that
they're more resilient to natural disasters, right? So when Hurricane Irma came
through, I was at a talk on climate change resilience, and communities that really
worked together and that were close, they were able to bounce back much more
quickly and help other communities. So I think that that's a really, really important
point. I'd love to think more of it -- on it and get back to you, but I think that, really,
by showcasing how when we do empower those communities, it has such wide-
ranging, long-term benefits that, like from a cost perspective, like you can't even put
a number on that. Like it's so, so important to emphasize in those communities, and
also showing that -- it's like I said; nothing happens in isolation, you know. What
happens in that kind of community has really big impact, so someone who's working
on the environment, like they can really broaden their mindsets and think they're
helping people. Like that's how we can help these environmental problems, right?
Because when you think about things like illegal fishing or other stuff like, maybe
that person can't pay for their health insurance -- right? -- so seeing like what makes
people care and finding parts of their issue that ties back to your issue I think can be
really powerful. I think it's a really important question.
Chair Russell: Thank you very much.
Commissioner Hardemon: Thank you.
Ms. Skubel: Yeah.
Commissioner Carollo: Come back at --
Chair Russell. We're going to try to get a little business done.
Frank Pichel: I'll be quick. I want to show everybody I'm unarmed today, okay? So
is everybody happy now? Thankyou.
Commissioner Hardemon: You have your mind.
Mr. Pichel: (UNINTELLIGIBLE) I want to speak about Ultra. Commissioners, the -
Chair Russell: Name, please.
Mr. Pichel: -- Ultra Festival brought $2 million -- Sorry?
Chair Russell: Introduce yourself, please.
City of Miami Page 30 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Mr. Pichel: Oh, I'm sorry. Frank Pichel, offices at 757 Northwest 27th Avenue. I
thought you knew me, but okay. $2 million are drawn into Ultra; another half
million dollars were paid to the Fire Department for the festival. Given the fact that
it's the first time that it was using that venue, in my opinion -- and I've worked plenty
of Ultra Festivals, especially on Biscayne -- I don't think that it was all that terrible;
maybe the first day, but everything is a work in progress. One of the things that I did
see in being an expert in traffic management, which I taught at police academy for
five years, the lack of the water taxis, or water vessels; that would have greatly
alleviated more of the traffic on the causeway. I think that's something that everyone
has learned from. And I think that, should you choose to extend the contract for next
year, I know that we've all learned from that. And the water taxis and the water
vessels bringing the participant to the event will be a great relief to traffic and
pedestrian concerns. Again, it's $2 million for the City that we desperately need
now, especially when we're in a financial crisis. I'd rather see that than our property
taxes go up, and that's what I think that we need to look at. Thank you very much.
Chair Russell: Thank you. Gentlemen, it is noon, but with the will of this body, I
think we could knock out some of the morning's business so that all we have left for
the afternoon would be the Maurice Ferre Park issue, as well as the Ultra issue.
Commissioner Carollo: Commissioner --
Chair Russell: How's that sound?
Commissioner Carollo: --I have previous commitments; I have to run. I apologize.
Chair Russell: Okay. So we'll break for lunch then?
Commissioner Carollo: Yeah. I'll be back at 2:30, so we go to the shade meeting.
Chair Russell: We'll do a shade meeting at 2:30. We're going to take the Maurice
Ferre item at 3.
Commissioner Carollo: 3, right.
Chair Russell: And then we'll take the Ultra item right after that.
Commissioner Carollo: Okay. Thank you.
Chair Russell: All right? Thank you, everyone. We're in recess until 3 p. in.
Todd B. Hannon (City Clerk): Actually, sir, that'll be 2:30.
Chair Russell: 2:30 is the shade meeting.
Mr. Hannon: Well, you'll bring the meeting --
Chair Russell: Fair enough.
Mr. Hannon: -- you'll reconvene the meeting --
Chair Russell: Recess till 2:30.
Mr. Hannon: -- Madam City Attorney has to read a statement on the record --
Chair Russell: Understood.
City of Miami Page 31 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Mr. Hannon: -- and then we'll --
Chair Russell: Thankyou.
Later...
Chair Russell: We're ready to get back onto the business of the people. I'm going to
start this afternoon's session by opening up for public comment. Anyone here who
would like to speak on any of the remaining items on the agenda is free to do so.
You can approach each of these lecterns. You'll have two minutes to speak. Please
state your name if you'd like; you can state your address if you want. Let us know
which item you'll be speaking on. And we'll do all the public comment for all of the
items upfront. The order in which we'll be taking the items this afternoon is the time
certain item, the Maurice Ferre Park, then we'll be taking up the Ultra issue, and
then we'll finish off the agenda of the day. So, anyone here who'd like to speak,
please feel free to approach the lectern. Mr. Dubbin, good afternoon.
Samuel Dubbin: Mr. Chairman, clarification. If people are here for the 3 o'clock
time certain item, do they -- are they just part of the mix of public comments or --?
Chair Russell: Yes, sir. We're going to do it all upfront; all the public comment.
Mr. Dubbin: Okay. Thankyou.
Chair Russell: And if you've already spoken on a specific item, please, you don't
need to repeat what you said this morning; it's in the record. If you're here -- if
you'd like to speak about a separate item, that's fine.
Andrew Carter: All right, I guess that's me. Yeah, I talked earlier about the -- My
name's Andrew Carter. I'm at 2103 Coral Way, Second Floor. I'm Research
Director at Miami Waterkeeper, environmental nonprofit. I talked earlier today
about the need for green spaces for Miami's residents as it relate to Ultra. The same
argument can be made when we're talking about Maurice Ferre Park. I'm here in
support of the ordinance that protects -- or the resolution to protect Maurice Ferre
Park, because Miami already has a shortage of parks and green space, and this
problem is exacerbated by the tenancy of the parks and green space, so we do have
to be continuously taken over by commercial actors, excluding the members of the
community. Maurice Ferre Park is an iconic waterfront park, and one of the few
undeveloped green spaces in the urban corridor. Parks like Maurice Ferre
contribute to annual tourist spending, they increase property values, and they spur
economic development. They create social capital and greater cohesion for the
communities that use them, and provide demonstrable, physical and mental health
benefits. Maurice Ferre Park is within walking distance from downtown Miami,
from Overtown, from Brickell, and people from these communities all currently use
the park. The park also plays a crucial role in addressing sea level rise. It mitigates
the impacts of flooding. It improves air and water quality. And allowing Maurice
Ferre Park, or any park, to be paved over or have infrastructure placed on it can
weaken those ecosystem services. Former Mayor Ferre, who the park is named
after, has requested the City not monetize the park with things like amusement rides
that --and to keep it free --for free use and enjoyment by the Miami community. I
ask you to support this proposed resolution to protect Maurice Ferre Park, and send
a message out publicly that the park and Miami's green spaces belong to its
residents. Thankyou.
Commissioner Carollo: Now, can I ask you a real quick question?
Mr. Carter: Yes.
City of Miami Page 32 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: So you're here because you want more green space?
Mr. Carter: Yes.
Commissioner Carollo: Okay. You're absolutely sure on that; you want more green
space?
Mr. Carter: As a general principle, yes. I think --
Commissioner Carollo: Okay. All right.
Mr. Carter: -- the City needs more green space.
Commissioner Carollo: Thank you.
Chair Russell: Thank you. And please, everyone who'd like to speak, just go ahead
and approach the lecterns on both sides, so we can just go back and forth. We'll
alternate. Mr. Sirmans, how are you?
Franklin Sirmans: Good. How you -- good to see you, Chairman. Good to see you
all. My name is Franklin Sirmans. I'm the Director of the Perez Art Museum Miami,
speaking in favor of RE.6. Since the founding of Miami's Art Museum in 1984, we
have strived to bring Miamians together around art, with the belief that art
stimulates the imagination, prompting creativity and innovation, and has the power
to transform lives. Art in Miami has been a beacon for bringing people together, as
are our parks and green spaces. Five years ago, after several years of hard work by
a couple of generations of Miamians, our museum, the Perez Art Museum Miami,
opened in Maurice Ferre Park. Since then, we've welcomed over one and a half
million people into our building, a structure formed by the unique ecology of Miami
and inspired by Stiltsville in Biscayne Bay, on which it is located. Recognizing the
power of open air parks, we have placed art works that made programs in the park
as part of the experience, and that experience is free for all. Dog walkers, runners
clubs make use of the (UNINTELLIGIBLE) steps as they move freely within the
entire park, seeing it all as one big City campus. Children from all over this City --
it's diverse in many different neighborhoods -- have experienced the dual nature of
culture and nature, and are prompted by the beauty made by hand, as much as that
made from nature. Because we believe in the arts, we have found partners with
shared views, which has allowed us to do things, like student pass. All MDCPS
(Miami -Dade County Public School) students are free members of the museum; art
detectives, which brings community youth and police to the museum to talk about art
and perception. MAF (Maurice A. Ferre) Park is an integral part of all of these
activities. When kids, like our PAMM (Perez Art Museum Miami) Teen Arts
Council, are exposed to nature as a part of their critical thinking, you get projects
like "Letter to the Bay, " which entails a monumental bottle sculpture that would be
filled with messages collected from the public. The bottle on the Bayside of MAF
Park would serve as an above -ground time capsule, enabling Miamians to reflect on
the environment around them, and their own role in the future of the City. Maurice
A. Ferre Park is Miami in the symbolic position of not only art and culture, but art
and culture, science and sport, with its proximity to the American Airlines Arena, the
Arsht Center for the Performing Arts, MOC's (Miami Dade County's) Museum of Art
and Design in the Freedom Tower, PAMM, the Frost, and the Knight Plaza, to say
nothing of the historical cultural hub of Overtown nearby. Maurice A. Ferre Park is
a crown jewel in the future of Miami as a burgeoning global metropolis. Thank you.
Commissioner Carollo: I'm a little lost. You're here to ask what of the Commission?
City of Miami Page 33 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Mr. Sirmans: I am here for you to consider Maurice A Ferre Park free of
commercial development. I am in favor of RE. 6; and here speaking on behalf of the
Museum, which is apart of the Park.
Commissioner Carollo: Are you also, like the gentleman before, in favor of the more
parkland? Are you also, like the gentleman before, in favor of more parkland?
Mr. Sirmans: I am in favor of keeping Maurice A. Ferre Park a green space for
entertainment, for education --
Commissioner Carollo: Okay. So you're --
Mr. Sirmans: -- and for beauty.
Commissioner Carollo: -- in favor --
Mr. Sirmans: --and nature.
Commissioner Carollo: -- of green space?
Mr. Sirmans: Green space in Maurice Ferre Park; yes, indeed.
Commissioner Carollo: Okay. Now, help me out here for a minute.
Mr. Sirmans: I hope.
Commissioner Carollo: Do you remember what was in the space that Perez Museum
occupies now, previously before the Perez Museum was put in there?
Mr. Sirmans: I do know much of that history, sir.
Commissioner Carollo: Okay. What was there before?
Mr. Sirmans: There was a lot of things there before that. We had the Miami Herald
across the highway. We had --
Commissioner Carollo: No, no, no, no, no.
Mr. Sirmans: Tell me what you're thinking.
Commissioner Carollo: I'm talking right there. Don't tell me what was somewhere
else. What was in that same space that the Perez Museum today covers?
Mr. Sirmans: We have the beginnings of a park.
Commissioner Carollo: You had what was then known as Bicentennial Park,
correct?
Mr. Sirmans: 1976, sir.
Commissioner Carollo: Okay. Thank you.
Mr. Sirmans: Thank you.
Chair Russell: Thank you very much.
City of Miami Page 34 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Laura Chaibongsai: Good afternoon. Thank you for having us. My name is Laura
Chaibongsai, 2103 Coral Way. I'm the Program Director at Miami Waterkeeper,
and I would like to speak in favor of RE. 6, as well. Ferre Park is one of the few
undeveloped green spaces in the urban corridor; has the longest continuous length
of bay walk within the City of Miami, where people can run, bike, stroll; just enjoy
the bay views. The park and waterfront also plays a crucial role in addressing sea
level rise, mitigating the impacts of flooding, and improving air and water quality.
As a Philadelphia native, I'm proud that my hometown was able to save $16 million
in public cost savings as a result of storm water management and reduced air
pollution in their park system, and I would love to see Miami do something similar.
I'd also like to speak as a mother of two very young children. We use Ferre Park
often. Since we live in a condo, it's wonderful to have a huge park, where they can
run and explore, and just have free space. They also love to sit on the water and
look for the fish, so it's nice to have direct access to the bay. In Miami Foundation's
2016 "Our Miami Report, " the Foundation found that Miami has one of the lowest
levels of parks and green space per capita among major U.S. (United States) cities,
so removing yet another park would be devastating. The proposed amusement
facilities would pave our green space, and would not allow me to bring my children
to the park. We encourage you to protect our green spaces, especially coastal green
spaces. So, yes, I am in favor of green, more spaces. So thank you for your time.
Chair Russell: (INAUDIBLE) very much.
Commissioner Carollo: And so, you want more green space, too.
Ms. Chaibongsai: More green spaces.
Commissioner Carollo: Okay. You're sure?
Ms. Chaibongsai: Positive.
Commissioner Carollo: Okay. Thank you.
Chair Russell: Thank you. Hello.
Terry Vento: Hello. Good afternoon. My name is Terry Vento, and I am the
General Council of the Perez Art Museum, also known as PAMM, located at 1103
Biscayne Boulevard. I was a trustee and an officer of PAMM's board of trustees for
27 years before I joined the staff. I live, work, and play in the City of Miami. I am
here in support of RE. 6. A word which appropriately captures what is at stake today
is "legacy. " Most of us want to know that before we leave this world that we have
done something that makes a lasting and positive difference; not only for our
families, but for our communities; in other words, our own legacies. 18 years ago,
my fellow Museum trustee, Rose Ellen Meyerhoff Greene, and I were among 300
citizens who participated in a charrette to help define the future of what was then
Bicentennial Park, which was taken over by the homeless. We joined many others
who wanted the legacy of our time and place in the City of Miami to be the creation
and preservation of the special community gem, like you find in other great cities of
the world, and that is what we have today; 21 acres of green space, directly on
Biscayne Bay, accessible to everyone, with PAMM and Frost Science, and Knight
Plaza between them; very closely nestled up against 395, blocking the bad view and
the noise for those who enjoy the park. Since PAMM opened, the park has become a
major recreational shared resource for the growing residential population of
Central Miami. These museums and the park itself contribute far more to the City by
attracting visitors, and attracting and retaining entrepreneurial talent than any of
the potential plans to monetize City property. Ferre Park is simply too small to
accommodate additional commercial functions without severely compromising the
City of Miami Page 35 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
available green space and the visitor experience. When I stand on the PAMM
terrace, facing Biscayne Bay, and I look to my left, I see a marina. If I look to my
right, I see a marina. There are a lot of marinas in downtown Miami. There's only
one Ferre Park. We should not be the last generation to have that precious gift.
Chair Russell: Thank you.
Ms. Vento: All of our parks deserve protection, but Ferre Park is in a class by itself.
Our shared legacy is in your hands and should not be a boatyard.
Chair Russell: Thank you very much.
Commissioner Carollo: I heard --
Ms. Mendez: Ms. Vento?
Commissioner Carollo: --you mention --
Ms. Vento: Yes.
Commissioner Carollo: -- when you stood out on the PAMM terrace --
Ms. Vento: Yes.
Commissioner Carollo: -- looking out. It's a beautiful terrace. What's inside that
terrace? Is there -- inside the terrace there, is there a restaurant or --?
Ms. Vento: There is a cafe, yes --
Commissioner Carollo: A cafe.
Ms. Vento: -- that is open to everyone.
Commissioner Carollo: Yeah. And it holds weddings and bar mitzvahs, and what
have you, from time to time, right?
Ms. Vento: I'm sorry?
Commissioner Carollo: It holds weddings --
Ms. Vento: Yes.
Commissioner Carollo: --bar mitzvahs, and soon?
Ms. Vento: It's available for rent, yes.
Commissioner Carollo: Okay. So that is commercial, correct?
Ms. Vento: Well, it's certainly within what has been approved by the City, yes.
Commissioner Carollo: Yeah. I remember that -- I was not part of the Commission
when that aspect of it was approved. The Museum started when I was Mayor. But I
remember that -- in fact, it was Lucia Dougherty that was asked to represent the
Museum to acquire that. And what came to mind at the time was here we're beating
over the head every year Jungle Island to demand more money from them for their
banquet hall, that they have to pay us a portion, and we were going to give this away
without expecting anything in return, but that was me. You know, Tin sometimes off
City of Miami Page 36 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
the charts in thinking something like that. But I gather that, outside of that, you're in
favor of having more park space, like the rest of the people that have come here?
Ms. Vento: I'm in favor of preserving the park space we have, yes.
Commissioner Carollo: Okay. And you would be also very happy with any park
space that we could acquire anywhere else in the City, correct?
Ms. Vento: I would have to take each case as a separate situation.
Commissioner Carollo: Okay. All right. Thank you, ma'am. I appreciate --
Ms. Vento: Thank you.
Commissioner Carollo: -- your answers and time.
Ms. Vento: Thank you.
Commissioner Carollo: Thank you.
Fran Fenton: Good afternoon. I'm Fran Fenton. I live in One Miami Condo.
Today I'm representing DNA (Downtown Neighborhoods Alliance), as well as
myself. Good afternoon, Mr. Chairman and Commissioners. Sometimes, some
things don't have a pure price tag. They're generally items or experiences to
provoke an emotional response; an opera aria, a painting or a natural wonder, like
the Grand Canyon, or perhaps a breathless view of turquoise water. As a State
relying on tourists, shouldn't we be protecting these water views, which can be
enjoyed by current residences and future generations? If you grew up in Miami,
perhaps you don't realize the joy that can be experienced by folks who never see the
water. We're lucky that, after failing to take advantage of our river and bay walks,
we're now finally creating an amazing healthy activity which allows us to drink in
the sheer beauty of this unique body of water called "Biscayne Bay. " It seems to me
that it would be a shame to spoil this natural wonder by constructing commercial
man-made distractions to compete with something so simple and, yet, so complex.
Man cannot outdo Mother Nature. Please protect our green spaces, and support
RE. 6. Thank you.
Chair Russell: Thank you.
Horacio Stuart Aguirre: Chairman Russell, Vice Chairman Gort, Commissioners,
good afternoon. Horacio Stuart Aguirre, proud resident of Durham Park, at 1910
Northwest 13th Street, in District 1, beautiful Allapattah. I want to start off,
Commissioner Carollo, by congratulating you for your due diligence. You look after
the dollars and cents like nobody else --
Commissioner Carollo: Thank you.
Mr. Aguirre: -- and that's a good thing. We know that too often, over the centuries,
governments have been accused of squandering money, but my good friend, Carollo
and Commissioners, I don't think everything, at all times, should come down to
dollars and cents.
Commissioner Carollo: I agree.
Mr. Aguirre: Certainly, none of you married based on who had the richest
endowment or dowry; you married because of beauty and love. That's what you've -
City of Miami Page 37 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Hardemon: Speak for yourself.
Mr. Aguirre: -- all told me.
Commissioner Carollo: No. We --
Mr. Aguirre: No. You too, Manolito, no?
Commissioner Hardemon: Speak for yourself.
Mr. Aguirre: I did indeed. I married up and got lucky. Now, my friends, I want to
tell you a story. I can getaway with it at my age. I can tell you a story. There's a --
one-time in the Gospel, where the evangelists all agree that Jesus walked into a
place of worship, and to his shock and dismay, found a carnival environment; money
changers, goats and sheeps [sic]; and all sorts of commercial debauchery were
taking place, and it's the only time that the Gospels quote Jesus as going angry and
violent. Well, a park like Maurice Ferre Park should be seen somewhat like a place
of worship. It's a place where you go to contemplate, to assimilate, to meditate, to
thank the Lord for the beautiful city we live in, to enjoy the scenery and the serenity
that we have there. This is not the place for a carnival. This is not the place for go-
carts and boxed carts and banging up carts or Ferris wheels, or anything else. It's a
place for beautiful contemplation and enjoyment of what it is today, beautiful
perfection. Thank you, sir.
Commissioner Carollo: Thank you for your words, but you --you're also in favor of
more park space?
Mr. Aguirre: Oh, absolutely. Yes.
Commissioner Carollo: And keeping everything green?
Mr. Aguirre: I didn't hear.
Commissioner Carollo: And keeping everything green?
Mr. Aguirre: By and large, yes. I think a bathroom would be appropriate where it's
necessary, you know. You don't want to use the trees, but --
Commissioner Carollo: Okay.
Mr. Aguirre: --you know, let's not take it to an extreme.
Commissioner Carollo: I agree.
Mr. Aguirre: All right.
Chair Russell: Thank you.
Commissioner Carollo: Thank you.
Mr. Aguirre: All right. Thankyou.
Chair Russell: Thank you, Horacio. Hello.
Claudia Roussel: Hello. Dear Commissioners, I'm very happy to see you again. On
March 28, I stood --
City of Miami Page 38 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: Your name, please? I'm sorry. Your name, please?
Ms. Roussel: Oh. My name is Claudia Roussel, 10 Museum Park, a condominium
across from Museum Park. Very happy to see you again. On March 28, I stood
before you, asking to make sure that no amusement rides will be installed in Maurice
Ferre Park. I want to thank you on this occasion for voting the right way, and
making sure no such monstrosities will be happening. Now I'm back two weeks later
to ask you again to do the right thing and support Resolution 5733, or also known, to
protect precious waterfront, green space, and the boat slip. Luckily, I only work part
time, and therefore, have the luxury to take up the fight to protect our parks from the
-- seems like monthly assaults coming from the people who are in charge, watching
out from Maurice Ferre Park and Bayfront Park, the Bayfront Park Management
Trust. Apparently, the Trust sees green space; they don't see beauty, calm, nature,
rejuvenation, but a cash register. To this day, I am speechless, having witnessed the
Trust taking $3 million in 2018, money the parks earned, and giving it to the City,
into the general purpose [sic] fund. How much good we could have accomplished
with it. With an attitude like this, nothing will ever satisfy them. And the demand for
dollars is endless, and therefore, it needs to be stopped here and now, and by you.
You have the power; please do the right thing. Thank you very much.
Chair Russell: Thank you.
Commissioner Carollo: If I may, Chairman, I do have to clarify something here.
That land belongs to the City of Miami. Therefore, any sizable amount of surplus
funds belong to the City of Miami, and I would much rather see service improved or
taxes not increased by giving this City its duly due monies from a surplus that we
had. So all that the Trust did was rightfully give the City the money that belonged to
it. The Trust is running fine the Bayfront Park side, without no additional need of
dollars from the City, and that's the side that has carried the weight for the other
side that the Trust has, which is Maurice Ferre Park. So your neighbors on the
other side had been the ones that had to suffer the most from concerts, like Ultra and
others, but at least give the Trust some credit. If you would have had different
people in the Trust in the past, you would still have Ultra there today, and you
wouldn't be worrying about this here now, because your head would still have been
shaking from this past weekend, from hearing Ultra and everything else that went on
with it. So all that I'm saying is be a little fair, and balance what the Trust has done.
Ms. Roussel: But we also do have activities in our park, which money comes in.
Our park is not --
Commissioner Carollo: Well, there are --
Ms. View sell: -- constantly --
Commissioner Carollo: -- limited activities that go on in Maurice Ferre Park.
Ms. Roussel: And they are fine. I'm not complaining. I'm just saying.
Commissioner Carollo: And look, I'm very democratic. If people want to raise their
taxes so that not one cent is generated in any park, if the majority wants that, hey,
I'm very democratic; I'll support it.
Ms. Roussel: Well, just if you ever find a little money, we would like to have a
child's playground, which was actually proposed.
Commissioner Carollo: That's in the works --
City of Miami Page 39 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Ms. Roussel: Its in the works?
Commissioner Carollo: -- not only on the Maurice Ferre Park, which frankly, what
I'd like to see there is the best and most grandeur children's park in any part of
Florida to go there, but we also want to expand and improve the one in Bayfront
Park.
Ms. Roussel: Okay.
Chair Russell: Thank you for your comments.
Ms. Roussel: Thank you very much.
Chair Russell: Mr. Althabe.
Andres Althabe: My name is Andres Althabe, 1900 North Bayshore Drive. I am -- I
think you all know -- the President of a large neighborhood association, but also the
President of a very large condominium, 700 units. The first meeting that I had with
the owners in my condominium, my promise to them was, "I know I'm going to make
mistakes, but my promise to you is, I'm going to reverse what I'm doing as soon as I
realize it is a mistake. " And I want to commend Commissioner Carollo. When he
realized that authorizing buildings in -- when it was Museum Park, and it's now
Ferre Park -- was a mistake -- and you will remember that there was a project to put
museums there. And you said, "I didn't know they were so big, and we have to
protect the park. " And you reversed course immediately, and I commend you for
that. But I'm here again to fulfill my commitment to protect parks; not only parks,
but public spaces in general. So I want to include in this that when I said I am all in
favor of the ordinance that Commissioner Russell sponsored to ban development not
only in Maurice Ferre Park, but on the -- also in the FEC (Florida East Coast) Slip,
I totally support that ordinance. In general, I am -- you're going to probably ask me
if I support more green space. Yeah, definitely, I support more green space, and in
general, open spaces. FEC is very important. We shouldn't allow to -- the FEC Slip
to just be covered, and it doesn't matter that it's not filled. I heard this morning that
the new technology, floating technology, is impressive, but the problem is that --
when somebody said here, "You can even put a soccer stadium, using floating
technology, " well, you know what? The FEC Slip would disappear, and it would
disappear for 80 years, which, for all of us here, we're not going to be around. So
it's forever. So this project of develop Maurice Park and the FEC really crosses the
line.
Chair Russell: Thank you.
Commissioner Carollo: Well --
Chair Russell: Next.
Frances colon: Good afternoon, Chair. Thank you, Commissioners. My name is
Frances Colon. I'm a resident of 453 Northeast 68th Street. I'm here as Vice
President of the South Florida Puerto Rican Leadership Council, and as a scientist,
focused --
Commissioner Carollo: Which council? I'm sorry.
Ms. Colon: Excuse me?
Commissioner Carollo: Which council are you Vice President or
City of Miami Page 40 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Ms. Colon: Puerto Rican Leadership Council --
Commissioner Carollo: Okay.
Ms. Colon: -- of South Florida.
Commissioner Carollo: Thank you.
Ms. Colon: -- and as a scientist, focused on the impacts of climate change on our
community. I'm here to support the resolution to protect Ferre Park as an open
space. Our Puerto Rican community was extremely honored by the naming of the
park in Ferre's name. We're a community that has been impacted by climate
change; as you all know, a community that was severely displaced. We want parks
to remain open spaces. As a scientist that keeps an eye on climate change impact,
parks are a way to mitigate urban heat islands; they increase air quality, they absorb
carbon from the atmosphere, and they act as buffer zones for flooding, which is an
issue that we all know we have in Miami. So I'm here to support this resolution,
keeping this park an open space. And yes, I want more green spaces. And yes, I
want them to be open spaces.
Commissioner Carollo: You're sure?
Ms. Colon: A hundred percent.
Commissioner Carollo: Okay. Thank you.
Chair Russell: Thank you very much. Next speaker.
Sonya Succar Ferre: Thank you. Good afternoon, Mayor, Commissioners. My
name is Sonya Succar Ferre. I'm a resident of the City of Miami, but I'm actually
speaking on behalf of my role with the Nature Conservancy. I'm the Florida Cities
Program Manager. The Nature Conservancy is the largest environmental
organization in the world. We have over 600 scientists working in 72 countries, with
6.7 billion in assets. After protecting over a hundred million acres since 1965, we
took a leap, and we decided to take a new direction and focus on cities. We
recognize the world is urbanizing, and we need to ensure that people and nature can
thrive together. Miami was one of the first cities selected and given our highly
visible growth, and the spotlight on how we will respond to climate change, we're
being watched very closely. While we're making strides to develop with high density
in mind, supporting transit -oriented development to help ease the pressure of squall
into our Everglades, we're falling incredibly short on providing an adequate amount
of parks and green spaces to keep up with our population. Miami is currently
ranked at the bottom of per capita green space for major cities in the country. We
only have 3.3 acres of parks for every 1,000 people. And where parks are protected
at all costs, waterfront parks are even more valuable, as coastal cities are enhancing
them with wetlands and green infrastructure to help them deal with flooding and
storm surge. As my colleague, a friend of ours from the Miami Waterkeeper
mentioned, Philadelphia has already saved 16 million in annual public cost savings
as a result of storm water management, and reduced air pollution by enhancing our
parks. With one-fifth of Miami's population living in downtown Miami, and over a
thousand people visiting Maurice A. Ferre Park every day, it is crucial to protect
this last remaining green space for our mental and social and public health. Center
for Disease Control has called for more parks, and doctors are now actually
prescribing parks to improve their psychological and social health. When we
dedicated the park in my grandfather's name just three months ago, you can imagine
how proud I was that you all selected a park, and not just any park; a magnificent
City of Miami Page 41 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
central park in the heart of downtown Miami. We had over 400 people attend, and
like the Mayor said that day, it was definitely one of -- "a magical Miami moment";
indeed, it was. My children come to play in this park, and so do countless others.
They run through the open grass, they sit under the oaks and the gumbo limbos; and
they walk along the bay walk, the longest continuous bay walk at the moment in our
City. Please preserve our parks and our open spaces for their enjoyment. As parks
are the green jewels of cities, this park sparkles even a little more next to beautiful
Biscayne Bay. I strongly urge each of you to vote in favor of Resolution 6, protect
this beloved Central Park used by residents of downtown, Overtown, Allapattah,
Little Havana, and all districts of Miami. Let's leave Maurice Ferre Park as a green
space. As Theodore Roosevelt once said, "The nation behaves well if it treats the
natural resources as assets, which it must turn over to the next generation, increased
and not impaired in value. " Maurice Ferre Park is a natural resource to our City,
and let's not impair its value. Thank you.
(Applause)
Chair Russell: Thank you.
Commissioner Carollo: Sonya?
Chair Russell: Hold your applause, please.
Commissioner Carollo: Sonya, if --
Ms. Ferre: Yes.
Commissioner Carollo: -- you brought something up that I wasn't aware of- who
you worked for and everything, to the extent that they are.
Ms. Ferre: Yes.
Commissioner Carollo: Could your organization help us in Little Havana create a
butterfly garden? Would you have people that can assist us in that?
Ms. Ferre: We would be thrilled to help.
Commissioner Carollo: All right. Then we'll talk soon.
Ms. Ferre: Thank you.
Commissioner Carollo: Thank you.
Chair Russell: Thank you. Next speaker.
Mario Ariza: Good afternoon, Commissioners. My name is Mario Ariza. I am a
resident of 123 Southwest 17th Road, in Brickell. And I am here on behalf of the Ole
Miami Poetry Festival to read you a poem, which may or may not be interpreted any
way that you please. The poem I'm going to read is Baudelaire's "The Swan, " as
translated by Julia Deakin, and it was written by Baudelaire for Victor Hugo, upon
Victor Hugo's exile by Napoleon, III. `Andromache, I think of you. That
melancholy meagre stream — once the resplendent mirror of your widowhood's
immense majesty — that false river, swollen with your tears come back to seed my
fertile memory as I traversed the brand new Carrousel. Old Paris is no more (a
city's shape, alas, changes more quickly than the souls of men). I still see in my mind
the camp of huts, the heaps of rough-hewn shafts, the capitals, the grass, the puddle -
stained green blocks, the jumbled lot reflected in the tiles. Once a menagerie had
City of Miami Page 42 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
covered it where, one clear morning — in that hour when under cold skies work
bestirs itself and road sweepers storm the silent air — I saw a swan, who had escaped
his cage, dragging his webbed feet along the dry pavement, his white plumage
trailing in the dirt. By a parched ditch the bird opened his beak, nervously flapped
his wings there in the dust and cried, heart bursting with his native lake, saying,
`Water, when will you rain? Storm, will you roar?' I see this hapless creature —
strange, doomed myth — head straining to the sky like Ovid's man — towards the blue
sky's cruel irony — his hungry head on his convulsive neck as if addressing his
complaint to God. Paris changes, but not my sombre mood. New palaces, old
suburbs, blocks and scaffolding all strike me as allegorical, my memories heavier
than rocks. And so outside the Louvre one sight haunts: of my great swan with his
wild gestures; like all exiles, scorned and yet sublime, gnawed by inconsolable
desire. And of you too, Andromache, from a great consort's arms fallen to
chatteldom at Pyrrhus' hands, in passion bowed beside an empty tomb; Hector's
widow, Helenus's wife; and of the thin, consumptive immigrant, gaunt eyes scanning
as she trails through mud for palm trees from her splendid continent behind the
massive barrier of fog; and of those who lose what cannot ever, ever be retrieved.
Who steep themselves in tears and drink the she -wolves' Sorrow milk. Of scrawny
orphans shriveling like flowers. Here in the forest of my exiled old memory's clarion
call is loud and clear. I think of castaways the world forgot, of captives, the defeated
and of more; so many more. " Thank you.
Commissioner Carollo: Excellent.
Chair Russell: Thank you.
Commissioner Reyes: (Applause). Good.
Chair Russell: I allowed extra time on that (UNINTELLIGIBLE).
Commissioner Carollo: By the way --
Vice Chair Gort: Mr. Chairman?
Commissioner Carollo: -- let me see --
Vice Chair Gort: (UNINTELLIGIBLE).
Commissioner Carollo: -- if I can, how much you truly know about Napoleonic
history.
Mr. Ariza: Sure.
Commissioner Carollo: Do you know the name of Napoleon's mistress?
Mr. Ariza: Josephine, yes. He would ask her not to bathe when he was returning
from a campaign.
Commissioner Carollo: I'm -- you might win a prize if you remember the name. I'm
--you remember the name or not?
Mr. Ariza: I -- his wife was Josephine --
Commissioner Carollo: No, no, no, no.
Mr. Ariza: -- but his mistress, I don't remember.
City of Miami Page 43 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: Okay. Well, that's the one that went with him everywhere;
Maria Waleska.
Mr. Ariza: Maria?
Commissioner Carollo: Waleska.
Mr. Ariza: Waleska. All right. Thank you.
Chair Russell: Thank you. And we did name a day this month as "O, Miami Day" in
the City of Miami, so I allowed some extra time for the finish of that poem. What did
you want?
Vice Chair Gort: (UNINTELLIGIBLE).
Chair Russell: Sure. Commissioner Gort would ask that we don't applaud, or we
don't -- that way, we discourage out bursts of either side. We don't want to boo or
applaud. It just distracts from the public comment. So thank you very much.
Mr. Dubbin: Mr. Chairman, members of the Commission, my name is Sam Dubbin,
representing the Friends of Maurice A. Ferre Park, LLC (Limited Liability
Corporation), supporting RE. 6, as stated in a letter that we sent on Monday, April 8,
which I asked Mr. Hannon to put -- to make a part of this official record. And I sent
another letter today, which I'm also requesting and I gave to Mr. Hannon to be part
of the record. So it's -- you know, one great thing about government is to go from
poetry to not only prose, but legal prose, you know, is a challenge. But my message
is a very serious one, which is that not only is it in the public interest for this park to
be preserved and for the FEC Slip to be preserved as it is, it is illegal to do any
further upland development in Maurice A. Ferre Park, and I want to specifically
address the RFP (Request for Proposals) that was issued in the name of the Bayfront
Park Management Trust, because it would encroach on Maurice Ferre Park,
encroach on the letter and spirit of the resolution that the Chairman has offered.
And the illegalities of this RFP are fundamental. They are not curable. They go to
the Charter, the Code, County law, and State law, and I'm going to go through those,
but they're not curable. And I want to make sure that this Commission understands
that to allow that RFP to go forward, to not put an end to it today, you then are
inviting litigation against the City for all the reasons that -- as you know, public bids
result in litigation, but you're also not following your responsibility to uphold the
Charter and the Code of the City of Miami.
Commissioner Carollo: Such as?
Mr. Dubbin: I'm sorry?
Commissioner Carollo: Such as?
Mr. Dubbin: Such as Section 3(F)(i) and 29 of the City Charter, which says that
only the City Commission can authorize the lease or sale of City -owned land and
City -owned waterfront land.
Commissioner Carollo: That stays -- that's in the RFP; that it's clear that it's up to
the City Commission to have the final vote on that.
Mr. Dubbin: Understood.
Commissioner Carollo: That's in the RFP.
City of Miami Page 44 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Mr. Dubbin: I -- that's in the RFP.
Commissioner Carollo: And by the way, it was the City staff that drafted that RFP.
Mr. Dubbin: Well, you raise another point, but the fact that it -- the City is not
allowed to go after the fact and legalize something that was illegal ab initio --
Commissioner Carollo: Well --
Mr. Dubbin: -- because not only does the Section 3 and Section 29 say that it's the
Commission's responsibility, but the actual ordinances that govern the authority of
the Trust to engage in procurement activities for operations, maintenance and
management, which are the Trust's responsibility, it specifically excludes from those
procurement activities the sale or lease of City -owned land, which is governed by
Section 3 and Section 29 of the Charter.
Commissioner Carollo: Then --
Mr. Dubbin: So that's --
Commissioner Carollo: -- explain to me how Ultra could have gotten a five-year
lease while it was at Bayfront Park -- that was before I came, by the way -- and it
didn't even come to the City Commission for approval at the time.
Mr. Dubbin: Commissioner, I completely agree with you. That agreement was
illegal, and I explained why it was illegal earlier this -- earlier 2018 when the issue
came up again, because it flatly violates Section 3 and Section 29 of the City
Charter.
Commissioner Carollo: Well, on this one, I tend to have to disagree with you,
because if it's placed in the RFP that the City Commission will be the one that has
the final word on whether it's approved, not approved, or no one gets anything, we
decide to take it back, then that cures what you're saying within the Charter.
Mr. Dubbin: I'm not aware of a case that says that, and a court will decide that at
some point in the future. When -- any resident of the City, which they have the power
to do now, under the --
Commissioner Carollo: Sure.
Mr. Dubbin: -- 2016 Charter amendment -- has the right to come and enforce the
Charter, but there is no -- there's nothing in the Code that says that -- or the Charter
-- that says that something done after the fact --
Commissioner Carollo: Well --
Mr. Dubbin: -- to validate something that was --
Chair Russell: Thank you, Mr. Dubbin.
Mr. Dubbin: -- illegal at the time is -- so there -- in addition to the procedure,
though -- If I --
Commissioner Carollo: This one is --
Mr. Dubbin: Could I finish my --7
City of Miami Page 45 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: Yeah. This one, to me, frankly, will be an easy one, because
there's nothing after the fact, because before anything is given, the Commission will
have final say, but --
Mr. Dubbin: And you get another --
Commissioner Carollo: -- you're entitled to your difference of opinion on it.
Mr. Dubbin: Well, I'm suggesting that you're inviting litigation, because not only --
that RFP, Mr. Commissioner, was not even approved by the Bayfront Park
Management Trust. I finally got documents that I had requested two weeks ago from
the City, and it said -- in the RFP that was proposed to the Trust at the October
meeting, called for a management and operation of the FEC Slip. It didn't say a
word about a lease, a long-term lease ofpublic land. The RFP that was published in
January specifically calls for an 80 year lease of City -owned waterfront land. So the
Trust people might have thought they had the authority to engage in a short-term
management contract for the slip, but what was published is completely not only
illegal for the reasons I said before, but it wasn't even approved by the Bayfront
Park Management Trust Board, and I -- in the letter I submitted to the City this
morning spells out with -- well-documented each one of those defects.
Commissioner Carollo: To cut through [sic] the chase, by your actions here today
and the statements you're making, you know as an attorney, that it's going to scare
off anybody serious in placing a bid here. So --
Mr. Dubbin: I think --
Commissioner Carollo: -- what I'd like to hear -- so you basically are killing this by
what you're doing, very smartly, and I'm sure that who's hired you thought that well
through, but it's good to hear you, because if at any point in time in this or any other
matter there is any kind of will to put it forward to go forward, then everything that
you say could be incorporated there, but I'm sure you'll find some additional things -
Mr. Dubbin: Well, it's in the record.
Commissioner Carollo: -- (UNINTELLIGIBLE)
Mr. Dubbin: But you'd also be violating the 25 percent development rule of the
Miami Neighborhood Comprehensive Plan, which Maurice Ferre Park already has
more than 25 percent upland development. That's against the law. It's against
Miami 20 --
Commissioner Carollo: How does it have 25 percent when the Museum's Park cover
about 18 acres, and there's 20 acres of upland or 21 left? The slip hasn't --
Mr. Dubbin: And you've got to have seven acres that are occupied by the Museum,
so you've already --
Commissioner Carollo: No, no, no, no.
Mr. Dubbin: --used the 25 percent.
Commissioner Carollo: That's besides that. That's besides that.
Mr. Dubbin: That's not. I mean, the point is it's illegal under the Comprehensive
Plan and the Zoning Code for that reason alone. And the FEC Slip will not -- the
City of Miami Page 46 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
FEC Slip is subject to the regulations of Miami -Dade County DERM (Department of
Environmental Resource Management) that only allows boats of over a hundred feet
long. So the kind of marina that's suggested in the RFP is not allowed under County
law; it's just not. So the illegalities are extensive, and they're not curable. So in
connection with the discussions you're having today about the policy of green space,
we're also requesting that you put an end to this RFP, because you're -- you'd be
inviting -- in violation of the law by the City.
Chair Russell: Thank you very much. Next speaker, please.
Javier Soto: Thank you, Mr. Chairman. I don't have a poem or any legal prose. My
name is Javier Soto. I'm the CEO (Chief Executive Officer) of the Miami
Foundation, 40 Northwest 3rd Street, in Miami. As you know, the Miami Foundation
has as its core mission to improve the quality of life for all residents of this
community. We believe that vibrant and equitable public parks are central and key
to achieving that goal. Yet, as you've heard from a couple of speakers, Miami lags
far behind comparable metros in terms of our available park space. Miami also
lacks those iconic urban parks in public spaces that so often define great cities
around the world; think Central Park in New York; think Millennium Park in
Chicago; think Golden Gate Park in San Francisco. We believe that Ferre Park can
be that iconic signature park on the water that Miamians deserve and that Miamians
have been waiting for for over four decades. Such a vision was created for Ferre
Park over 12 years ago, when this Commission approved the Cooper Robertson Plan
for the park. The Miami Foundation believes that rather than taking a piecemeal
approach to planning the park, we should revisit that comprehensive vision that has
been adopted by this board and build on that vision, and create the iconic
comprehensive vision for this park that our community so richly deserves. It's for
that reason that I'm herein support of RE. 6. Thank you.
Chair Russell: Thank you.
Commissioner Carollo: So --
Mr. Soto: Yes, sir.
Commissioner Carollo: --you are in favor of parkland? Keeping park land green,
you're in favor of that?
Mr. Soto: I would say that we are in favor of vibrant parks in public spaces.
Commissioner Carollo: Okay.
Chair Russell: Thank you. Next speaker, please.
Frank Pichel: Hi. Good afternoon again, gentlemen. Frank Pichel, offices at 757
Northwest 27th Avenue. I'm a tree hugger. I've belonged to Greenpeace since 1978.
I love dogs and cats. I adopt them and I spay and neuter them, and the whole all
nine yards. I'm not going to invoke Jesus, Gandhi, Mohammad, or Hercules or
Shezam. The one thing that I want to say is that two week -- two days ago, I read in
the Florida Trend that Miami is the most financially -spared city between the rich
and the poor in the world; the seventh in the world. Increasing taxes can only bring
it up to number three, four, or one. Now, I'm for green space in parks; however, I'm
also for low housing, affordable housing, and making money for the residents so that
taxes don't increase. I love the park; however, I think that we should maximize our
ability to increase revenue and keep taxes lower. And Commissioner Carollo, since
you're such a (UNINTELLIGIBLE) person, what was the name of the -- of
Napoleon's horse?
City of Miami Page 47 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Reyes: (UNINTELLIGIBLE).
Commissioner Carollo: He just gave you the name.
Mr. Pichel: What's that?
Commissioner Carollo: He just gave the name. That's the same question he asked
me.
Mr. Pichel: No. He says his mistress. I'm talking about his horse.
Commissioner Carollo: After that --
Commissioner Reyes: Marengo.
Mr. Pichel: Malange.
Commissioner Reyes: No; Marengo.
Mr. Pichel: Marengo? No; it's Malange. In French, it's "Malange."
Commissioner Reyes: Maybe in French. You're speaking French.
(UNINTELLIGIBLE).
Mr. Pichel: I yield to the esteemed Commissioner. Thank you very much.
Chair Russell: Thank you for your comments.
Pamela Weller: Good afternoon, Chairman, Commissioners, Mayor; nice to see you
all. Pamela Weller, Bayside Marketplace, 401 Biscayne Boulevard. So we've been
here 32 years. We started writing our contract with the City in 1984. And when I
look back at the agreement, I realize we talked about a bay walk in 1984. We're still
talking about how we're going to put that bay walk together. I work for a man by the
name of Ben Ashkenazy. He's very similar to Jim Rouse. Jim Rouse came to this
City when there was nothing in downtown; nothing. And he had a dream, and today,
that dream is coming true. We're a living vitality, quality of life city, and we need
our green space, and we need our bay walk. I was going to talk about all these legal
things that have already come up. I have the opportunity to have an attorney at the
House of Representatives by the name of Paul Renner, who happens to be extremely
good in law in the City and use, and real estate. But I decided after hearing Sam,
who's very good at what he does, I decided to tell you more about the dream of Jim
Rouse. And today, 32 years later, we're living that dream. Please don't give up on
it. Please keep our green space, build our bay walks, let us have a viable park. And,
yes, I believe in green space.
Chair Russell: Thank you very much. Next comment.
Britany Ziems: Good afternoon, Mayor, Chairman, Commissioners. My name is
Britany Ziems. I live at 50 Southwest 10th Street, Apartment 611, Miami, Florida
33130. I felt compelled to speak before you today when I heard of this pending
decision through a place -- a beautiful open green space with more massive concrete
complexes. As a resident of Brickell, I have observed the tragic loss of green space
being replaced by concrete towers. I believe this drastic change is impacting the
health and well-being of our citizens, as well as our environment. As a native
Miamian, I was fortunate to grow up in a community that respected parks and
fostered green spaces. From that childhood experience, I learned to have an inner
City of Miami Page 48 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
respect for the positive impact that green spaces had on my well-being, as well as my
friends and neighbors. I have documented in my work now of planting trees and
improving green spaces in neighborhoods that when people have access and
exposure to green spaces, they experience an improved sense of well-being and pride
in their community. We must protect green over greed. As our elected officials
representing the people, I call upon you to be stewards of our green spaces. Thank
you.
Chair Russell: Thank you. Kitty.
Kitty Roedel: Kitty Roedel, 4181 Malaga Avenue, Coconut Grove, representing
Friends of Maurice A. Ferre Park, LLC. Today we are hereto preserve open green
space in Maurice A. Ferre Park. The RFP allows for massive development, leaving
it a park in name only. It includes a full fledged marina, one or more restaurants, a
dock master's office, a ship store, a fuel facility, and a parking lot big enough to
service a mini -Bayside. Not mentioned but would have to be included is a service
road for the oil tankers, the beer trucks, ship's provisions, restaurant deliveries, tour
buses, et cetera. The City has a decades -long pattern of giving away its property in
dubious deals with developers for 75- to 100 year leases. This monetization of our
public lands has got to stop. This is our legacy. The taxpayers of Miami own these
lands. They are for our use; not just paying customers. With regard to RE.6, what
you're voting on today, it is important to keep in mind that the Maurice A. Ferre
Park already has been impacted by development. We have two large museums with
public restaurants, and a museum parking garage taking up eight acres. Maurice A.
Ferre Park has a parking lot itself, and a restaurant facility. We have a large
building at Biscayne Boulevard that pumps sewage out to Virginia Key, and we have
several access roads. So the 30 -acre park has already donated probably 30 to 40
percent of its open green space to development. The City Commission today must
terminate the RFP that would permanently ruin for the next 80 years this last
remaining open space in the heavily developed downtown area. You cannot
purchase waterfront space anymore. Our counsel has presented a thorough legal
review of the RFP. No matter how many extensions are granted, it cannot be cured.
The Trust is excluded from the sale or lease of City -owned property, period. It is
fatally flawed. The Friends of Maurice A. Ferre Park strongly urge the City
Commission to terminate the RFP today, and to pass Resolution RE. 6, prohibiting
any future for profit permanent structures to be built in the open space of Maurice A.
Ferre Park, and the FEC (Florida East Coast) Slip. Thank you.
Emilio Calleja: Mr. Chairman, Commissioners, my name is Emilio Calleja, 401
Biscayne Boulevard; also a friend of Maurice Ferre. As being involved in naming
the old Museum Park for this gentleman right here and having participated in the
process of the naming, and in the ceremony that we held on the 31st of January that
you all attended; and having walked the park for over four or five months -- the bay
walk, the slip, the green area, the beautiful promenade that allowed pedestrians to
walk through the park all the way to the water -- I urge you to keep it like that. We
were surprised when we saw the RFP to build on the park. This is our jewel. This is
our park. Walk it, feel it. I invite all of you --that some of you have been there only
for the first time --to really see what we have there. It's a hidden park. We all know
Bayfront Park; we've been there. I have a business right next to it in Bayside, so I
know downtown. This is a jewel that we have. I urge you to protect it. I urge you to
support Commissioner Russell's resolution. And please, let's keep it as it is for this
gentleman and his legacy; I urge you. Thank you.
Chair Russell: Thank you very much. Does--? Anyone else who's hereto speak,
please approach the lecterns now.
City of Miami Page 49 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Brenda Betancourt: Good afternoon. Brenda Betancourt, 1436 Southwest 6th
Street; just a couple questions. Since we are talking about more concrete instead of
green space, why don't we try to help those loopholes that we have in Miami 21 that
don't allow some investors to do some building in specific areas, and leave the parks
that we already have alone? Miami 21 is one of the changes that we did; that we
have made more changes than what we actually did it at the beginning of Miami 21.
How many amendments do we have in Miami 21 that doesn't protect or -- either the
citizens? So can we do amendments now, maybe to build the densities, or build in
the areas they are supposed to be built? Please don't forget, sometimes the City stop
builders to do the building that they supposedly want, because the mistakes that we
did in Miami 21. Green spaces are not going to come back. Dreaming is free, but
when you take a park away, you cannot bring it back. And when you lease 80 years,
90 years a land, meaning most of us are going to be dead by the time that the lease is
over, and what is going to happen? What are you going to say to your children or to
your grandchildren? It's nice to have money to just go and destroy a park, but use
the money, those who want to build -- it's a lot of land to build in the City of Miami.
The Mayor has said it many times. 80 percent of the City hasn't been developed.
Why it has to be specific in the park? Why can't you build anywhere else? Why
always has to go through the land that belongs to the people? Why can't they pay,
like everybody else, pay for the land? One always has to go to the land that belongs
to the taxpayers.
Chair Russell: Thank you. Mr. Codina.
Armando Codina: Mr. Mayor, Chairman, Commissioners, so Armando Codina,
2020 Salzedo. I think the record is very clear, so I'm not going to add anything,
except I want to complement what Javier said by telling you that the business
community is ready to work with the Miami Foundation to raise the appropriate
amount of funds to do a world-class park; passive park in the Maurice Ferre Park.
So we are willing, ready and able, so I hope you will vote to preserve this park.
Commissioner Carollo: Well, thank you, Mr. Codina. We finally got the real reason
for all this. This is not about whether we were looking to do any commercial activity
in the slip, which was the intention; a slip that is basically used now for the rich and
famous to bring their mega yachts there and park it while they go see the Heat play,
or some other activity. This is all about a small group led by you and a few others
taking hold of the park for the future from the City. And you're going to tell us that
you're going to raise $20 million to refurbish the park. Well, that was the purpose
when the County and the City, with the CRA (Community Redevelopment Agency)
entered into an agreement; why, for 30 years, 2 million a year was supposed to come
to the park, precisely for that. But for some strange reason, that has not happened.
We've only gotten 2 million so far, and it's been sitting there. And for the most part,
I think all the better, if not -- maybe it's just one small amount. One small amount
has been given out for work to be done in that park. The history of Miami is such
that -- I've heard this one time and time again. When the museums were going to be
coming, they were going to raise the monies. Well, the last of the two museums only
got finished, because after the County giving tens of millions of dollars, they had to
give an advancement in future dollars so it could be finished, and that's precisely
what was tried before when my predecessor was sitting here, and he was against it;
my brother. And now, you waited for the park to be named after Maurice Ferre, so
then you could try to jump and get hold of the park; what you couldn't do before, do
it in this fashion again. And that's the problem that I have, because if there's been
anything that's been done with full, full transparency, has been the process that was
followed on this particular issue. We had numerous meetings at the Bayfront Park
Trust. We opened it up to anyone that wanted to come and give opinions, oppose it if
they liked. I mentioned it here. And only at the last moment is this sprung out of the
box in this fashion. Not one member of the Trust that I know of has been approached
City of Miami Page 50 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
by anyone. The -- certainly, the Executive Director of the Trust has not, I have not,
and frankly, this is not the way things should be done. They should be above board
and not done in this fashion.
Mr. Codina: Commissioner --
Commissioner Carollo: You might have 40 people here today, you might have a lot
of money, but I'm going to tell you, Armando, just like when you didn't get your way
when I was Manager in Doral, while I was there, money doesn't impress me. What
impresses me is to do what I think is right. And I will be more than happy to put
anything up to a vote to the residents of Miami; not to have 40 people come here and
try to say that one thing's got to be done, one way or another. But I think at the end,
all of you are going to be pleased -- or I think most of you are going to be pleased,
because I don't think that the majority of you understand what I said here, and
what's really behind this. You know, when I hear that, commercial spaces on land,
sea level rise, air and water quality is going to be affected to the lowest levels; that
there's going to be massive concrete, like some video that was shown, with huge
towers, my God, I have to think I'm hearing about some other place; certainly, not
here. Well, I think what Commissioner Reyes just said, Melreese, yeah, that could be
Melreese, but not here. You know, I tried so hard to do what I thought was best for
our City, which you don't live here and you have just about all your business in
Doral, and all your investments in Doral, just about. But I'm going to give you the
history again how this all came about. I was approached by individuals that are
European. They claimed they had a proposal that they wanted to submit to the City
and the Bayfront Park Trust to do a sort of City Place and floating docks, and they
would be willing to pay some $S million for it. Look, so many times throughout the
decades, I've seen people come to this city with grandeur ideas, and so many times,
you know, they were people that were just conmen or people that, you know, had no
notion of what they were talking about, or how to do it. So I don't know if these
individuals were real, were not, who they really were. And frankly, I didn't have the
time to be checking them out. So what I did was, when they're talking $5 million, I
presented it to the Trust. We discussed doing an RFP so that anybody could bid on
it, present any ideas they had; made it clear that it would be dependent on the City
Commission to have final word, and at the end, we had the right to accept or not
accept anything; and, I mean, by that, the City Commission at the end. And I made it
clear that I expected that all the dollars from that would go to the general fund of the
City, like it should, so that our taxes could be lower, so that we could have better
services in the City. Now, all my years since I was Mayor, I had a different idea of
what to do with that slip, but when someone came and said, "$5 million, minimum, "
for a project of this size in that slip that was not going to have a major impact, was
not going to affect the actual green space, I figured, well, it deserves to see what
might be out there besides this, and if these people are even real or not; and, like I
said, I don't know if they are or not, and that was the sole purpose why we did it. I'm
amazed that some eight months after, seven months after is when we're hearing
through this resolution that's before here today, and that no one has bothered to
contact me or the Trust. Furthermore, I'm amazed -- I know that probably more than
half of you that are here today weren't here in the early '80s; another percentage of
you weren't here in 2001, either. Well, I'm going to tell you what happened in the
early '80s to mid -'80s through the vision of Maurice Ferre. He knew that we needed
something to get downtown Miami a spark, and to get people coming. He was the
one that brought Bayside to downtown Miami, and as a young Commissioner, I
supported him. Maurice is a man of vision. I don't remember any of those --
including you, Armando -- that have been around during that time, opposing
Bayside. Back -- this is so far back, I don't even know if you had anything to do with
it financially; something sticks in my mind that you might have, but I really don't
remember. So you're going to tell me that Bayside, that's taken about 16 acres or so
is more of an impact than a slip? I don't think so. At the same time, if we're sincere,
City of Miami Page 51 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
truly sincere -- and I think a lot of you are. I think some of you have been misled,
because you're being shown videos of huge buildings and what have you there. But
if we're sincere, why haven't you taken the same attitude with Parcel "B, " behind the
Miami Heat, and forced the County to make it into what they said it would be; a real
park; no buildings there, but parkland so that those soccer fields that were shown
when the whole deal was approved are truly put in there, and it could be a park for
people? That's five acres behind American Airlines Arena. Furthermore -- and very
few people know about this or even remember about it -- to have combined Bayfront
Park with the then -Museum Park -- but actually, at the time, it was Bicentennial
Park, another one of Maurice's ideas, which I'll go back to that in a minute -- we
demanded that the Heat would put a pedestrian bypass from their side over the road
to Bayside. There was supposed to be a pedestrian overpass that was supposed to be
built so that people could freely flow from Bayfront Park, Bayside to Parcel "B" to
the old Bicentennial Park that became Museum Park, and it's now Maurice Ferre
Park. Do you all see any kind of overpass there? No. And that's what is needed to
connect that whole waterfront together. When Maurice came with a fine idea of
making Bicentennial Park, I remember still, as a very young man -- I might have
been turning 25; I was 24 when it started -- going there with him. He had asked me
to make sure I would go there so I could hear a speech from Claude Pepper. And I
remember still to this day -- you wonder why you remember some things in life and
you forget so many others -- but I remember till this day that it started sprinkling,
and the rain got -- you know -- little by little, harder. And Claude had this hairpiece,
and it kept coming down and down and down, until finally, he had to just take it off,
because he couldn't see anymore what he was trying to read. And Bicentennial
Park, the problem that we had with Bicentennial Park -- and I'm going to tell you I
see the problem that we have with anything on that side -- is that it didn't have that
flow connected to the other parks; Bayfront Park, et cetera. You have the slip there
that is a divide from American Airlines Arena and everything else. Between the slip
and the water plant -- which never should have been there, but there it is -- it's very
narrow, so you really can't bring people smoothly through there. And then the part
that's wider, where we have the roads that go into the museum area, that's the area
that is that curb that's a lot harder, so people to get over there now is a major jump.
And I think that I could present here today a way that we could do what the majority
of you are asking for. Look, my main responsibility to you, those of you that are
residents and to the rest of Miami residents, is to give you a better quality of life. To
do that, we have to raise money to be able to pay for the service and what is needed
for that. But at the same time, I, for one, fully agree with the thought that you can't
try to squeeze dollars out of everything. Parks are important, and I will be
presenting something to you that I think, you know, would put a different light and
shed somewhat a different perspective in this whole thing. I'm not so tied into
something that I have to stay with something, because no matter what, if I brought it
up, if I was part of it, we got to stick to it through hell or high water. I'm not one of
those people. If I believe in something, I will, fully, but this is one of those that at the
end, I don't even know if whoever would bid in this could even get the approvals for
floating docks or what have you, or anything else to do in that slip. It was to see
truly what was out there, and if it meant [sic] sense financially to the City in adding
something more to the park without taking land away. So --
Chair Russell: Commissioner, I -- this is a public comment portion where we're to
listen to the public. We're going to take up the item in just a moment. I don't mean
to interrupt you, and I really want to give as much deference to all Commissioners
on the dais as I can, but I would just like to finish the public comment portion so that
we can get into our side of the discussion if that's all right.
Mr. Codina: May I respond? So, Commissioner, thank you for your comments. You
said quite a bit --
City of Miami Page 52 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: I did.
Mr. Codina: -- including some things personal to me, Doral or -- well, so here's
what I want to tell you: I have a history in this town of doing what I said I'm going
to do, and I told you that -- what we were prepared to do. In addition to that, I
would like to take you up on your offer to maybe, if necessary, take this to the voters.
So I'm going to take you up on that --
Commissioner Carollo: Good.
Mr. Codina: -- in some future meeting, so thank you.
Chair Russell: Thank you for your comment.
Commissioner Carollo: Thank you, Armando.
Chair Russell: I was remiss in my duties in not recognizing our elected and former
elected officials here. We missed -- Senator Jose Javier Rodriguez was here
regarding this item, and he has already had to leave. I apologize. I did not
introduce him while he was here. And, of course, the namesake of Maurice Ferre
Park --
Victoria Mendez (City Attorney): We have a remote.
Commissioner Reyes: Yes.
Ms. Mendez: We have a remote.
Chair Russell: The namesake of Maurice Ferre Park, former Mayor Maurice Ferre.
It's an honor to have you here.
Mayor Maurice A. Ferre: Thank you very much. Mr. Chairman, Mr. Mayor -- well,
that's fine. I can speak from right here. Commissioners, I consider all of you my
friends, and I can stand here if I were in better health and tell stories about each and
every one of you; most of them which would be exemptible. 45 years ago, I became
Mayor of the City of Miami, and after I got elected to that position in November of
1973, I remember going to see Dave Kennedy, my predecessor, to ask him what was
important, that he thought was important. And to my amazement, his concerns were
for two parks; one is now named David Kennedy Park, which everybody was furious
with me for heading that up, because Dave, unfortunately, ended up with a cloud
over his head, and -- but I thought that he deserved that recognition, because he had
done a major, major service by reclaiming a very badly abandoned swamp area that
now is the very wonderful and active Kennedy Park. The other thing that surprised
me was that he wanted to take the old Belcher Oil, which is what is now Ferre Park,
which is a very, very polluted piece of property, because for the previous 50 years,
there had been oil tanks; that's what that was; that was Belcher Oil. And he wanted
to make a park out of it, and I thought that was just a wonderful thing. And we
talked about the FEC property next door. He says, "No, no, no, that's way beyond
our means. " So move forward a little bit. I was giving you a little history on this.
And Bill Fratese (phonetic) came to see me one day, and Bill Fratese was a -- was --
along with Dan Paul and others, one of our gadflies that really made Miami Miami.
And he said, "Well, you know, we should really do a quick take. " Well, I didn't know
what a quick take was. After I got educated, I was able to convince the City of
Miami Commission to put up $14 million, which is what it took at that time. Well, it
ended up costing more than twice that, but thanks to that, we ended up getting the
FEC property, which includes that FEC Slip. I have always been for the closing of
that slip. I know that that's a controversial issue here. I'm not going to get into it,
City of Miami Page 53 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
but I just want to say on the record that what Miami really needs is more green area,
is more park, and the park is a very important part of the fabric of this community.
That particular location is the center point of Miami, and the reason why it's the
center point is because where the water and the ocean coming in from the Gulf
Stream meets the bay and the City, there's no other place in South Florida where
that happens; there's no other place. It's a unique location. When Isamu Noguchi
came, I remember (UNINTELLIGIBLE) and I took Isamu Noguchi -- because I
wanted him to understand that Miami is a water city. This is about water. And the
fact is that our Bayfront Park, all of the park along Biscayne Boulevard is really the
meeting place, the marriage point where the water and the land come together, and
it's a major, major, major legacy. And I asked Isamu at that time, I said, "Whatever
you do, make sure that it is based on not only green, but water, because that's what
Miami is all about. " Now, here we are again, and discussing this, but, you know,
that's good, because I think we're talking about the crown jewel of Miami. We're not
talking about a small little park; even the park a mile away, which is wonderful, but
that's not the crown jewel. This is the crown jewel. And I think our Central Park is
the bay, and we all love that bay. And every time I go to Key Biscayne, my wife tells
me, "This is the most beautiful site in Miami." And when we go to Miami Beach and
come back, and we all love to see the water, that's our bay -- that's our Central Park.
And what we have in this property here is the presidium. The presidium is where the
altar is in a church. And in effect -- and I don't mean to be sacrilegious about this,
but this area here, not only what is now, thanks to you, Ferre Park, but the water in
front of it is the most spectacular piece of property in the State of Florida. You'd
have to go, really, to San Francisco to duplicate something like that; you really have
to go to other places. Now, if you go and make a list of the important cities that we
all love to visit -- Buenos Aires, Paris --
Commissioner Carollo: Rio.
Mayor Ferre: -- London -- all these places that we love and we talk about all have
important parks. We have to have an important park, and we have to do everything
that we can to add to that park so that it becomes every year more and more a crown
jewel; a crown jewel that a place like Miami deserves. I'm going to say that
everyone here -- everyone, but especially the members of the Commission -- in my
opinion, have their heart in the right place, and are trying to do what is best for
Miami. I'm not here, and we should not be here to accuse anybody of anything. I'm
not here for a fight. I'm not here for any other reason than to tell you that this is a
critical point in building, and that you are the builders of this park and of the future
of Miami. And I thank each and everyone of you for -- from the Mayor to all five
members of the Commission -- for your dedication, hard work. And I want to
specially thank Kitty Roedel and Emilio -- I don't know where Emilio is -- but they
have been amazing to me; their persistence, their logic, their hard work. And
Armando Codina is, with all good reason, the inheritor of Alva Chapman, and that's
quite an inheritance for you, Armando, but that's who you are. Sam Dubbin has
done a wonderful job, and I thank you, Sam. And, of course, the -- we wouldn't be
here if it weren't for the Miami Foundation, and I want to thank you, Javier, for all
your work. One last story about Alva: So I get up -- I'm Mayor of Miami and I get
up one day, and I read in the paper that Alva Chapman and the Knight Ridder
Newspapers have retained Eladio Candela and another important group -- I forget -
- to make a study of how we can get a performing arts center, and out of that came
the idea of building this -- what is now the Adrienne Arsht Center. And I said, "You
know, that's Alva Chapman being a very smart businessman, because that's only two
blocks from the Herald, you know. What he's really doing, he's enhancing the view
of the property. " And I -- he got very upset with me when I told him that. He said,
"Well, that is true, but that's not my main motivating factor, you know. " And I
apologized to him, because I believed him; that wasn't his main factor. He
recognized what you recognize and what I recognize today. That's the center of
City of Miami Page 54 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Miami. That's the center. I thought it was DuPont Plaza, but I was dead wrong. Of
course, in those days, I had a vested interest in that. But Alva was right and you're
right and we're right, and this is an important moment. And I thank you very much.
And thank you again, Armando and the Foundation, and all of you that put so much
hard effort and interest in doing this right. God bless you.
Chair Russell: Thank you. Mayor Suarez.
Commissioner Carollo: Thank you, Maurice.
Mayor Francis Suarez: Thank you.
Chair Russell: Mayor Suarez.
(Applause)
Mayor Suarez: Wow, it's always hard to follow the Mayor. You know, he obviously
exudes elegance -- I'll wait. I don't want to take up too much time, because, you
know, he's been here for a while. So, you know, he exudes elegance. I can tell you
that the day that we named the park was one of the highlights of my short time as
Mayor. I'll never forget seeing the images of you, Mr. Mayor, as a young man, with
your blue shirt, just like you're wearing it right now, and your collar open, and
thinking, "That's got to be the coolest Mayor Miami's had until today." You know,
there have been multiple efforts throughout the years to develop some aspect of this
parcel, beyond what it's already developed with the two museums. While the two
museums were built under 11000, which was the prior Zoning Code, under Miami
21, they would exceed, from what I'm told, the allowable developable square area
for the parcel. I think and I hope, frankly, that, Mr. Mayor, this is the last time that
you have to come to our Commission on this subject.
Mayor Ferre: I hope not.
Mayor Suarez: On a subject like this, I hope on a subject like this, it's the last time; I
really do.
Mayor Ferre: (UNINTELLIGIBLE).
Mayor Suarez: So -- no, but on this issue, I hope it's the last time.
Mayor Ferre: Thank you.
Mayor Suarez: I commend the Commission for recently voting down the amusement
park legislation, which was yet another attempted development of this parcel. I can
tell you that, number one, I fully support the resolution. I'd like to add my name as a
co-sponsor to the resolution. And I also think that I agree with Mr. Codina, because,
you know, there's been a lot of discussion about a conservancy for many, many
years, and I had mixed feelings about it the different times that, you know, Javi Soto
had -- and I had discussed it over the years. But maybe the best way to resolve it is
to put it to a vote of the public, and let the people decide. You know, it's their
property. And I know that Brenda, who spoke very eloquently -- I don't know if she's
still here. She talked about the people's property. And I think that the most
dispositive thing that the people can do in a democracy is vote on how they want to
use their property. And so, I would support and take up the Commissioner and Mr.
Codina in their attempts to put to a vote whether or not there should be a
conservancy on managing this property in perpetuity, and I think that the voters
should decide it, because, as the Mayor said, this is the crown jewel of our Parks
System. And frankly, I would love for him to come to City Hall a million more times
City of Miami Page 55 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
on a variety of other issues; just not on anything having to do with developing this
area in the future. I think you have better things to do, Mr. Mayor. Thank you.
Chair Russell: Thank you, Mr. Mayor. Is there anyone else here from the public
who'd like to speak on any of the items remaining on the agenda? Seeing none, I'll
close the public comment, and we will take up this item, please.
Commissioner Carollo: Mr. Chairman?
Chair Russell: Yes, Commissioner.
Commissioner Carollo: Maurice, it's good to see you here, and thank you so much
for making the statements that you made, and particularly what you told me last
night that you believed in; that the slip should be filled. And we discussed how, by
filling the slip, it would give the park an additional nine and a half acres, plus --
approximately -- if we fill those two little inlets that makes it so awkward to walk in
the Bayside, that would bring you another half -acre. So you fill all of that, you gain
10 acres to the park. Now, maybe some of you could understand why I kept asking
the question to many of you that said you wanted more green space, "Were you
sure?" This is something that I felt we should have done since I was Mayor, and we
had even sent divers down to make sure there was no seagrass, which there's none in
that slip, which could have been a problem if there was, in getting permission to fill.
But by filling that slip, now you're going to give Maurice Ferre Park the size that it
truly deserves. You're going to increase the green space tremendously, and at the
same time, what has prevented throughout the years what is now Maurice Ferre
Park that was previously Museum Park that was previously Bicentennial Park from
people to really be able to go to it, like they should have, now you're opening it up so
that people can walk in from any point in Parcel "B," in the back of American
Airlines Arena, from American Airlines Arena. And then, if we make the Heat put
that pedestrian overpass to Bayside, like they are bound to by contract, now you're
going to connect the whole Bayside from the Intercontinental and beyond, all the
way to Maurice Ferre Park, and this will be what I think many of us truly wanted. I
have to admit something: That the only reason that I --when these people came and
said that they would be willing to give $5 million for a City Place type with floating
docks was that I didn't think I would have the support to fill in the slip, which is what
I always thought that we should do. So I figured, well, let's see if we could put it out
and see what is going to be offered. But I truly believe this is one of those instance
that even if we were to get -- which is a big question mark -- that kind of money for
that slip, the value that it's going to bring to our City by having an additional 10
acres of prime waterfront additional parkland is going to be way, way better. And
this is what I would like to propose: That this Commission votes today as a whole in
approving moving forward so that we take whatever steps are necessary to fill in that
slip and make this into a bigger crown jewel than it is today. I believe that the
County still has some plans in deepening the port; if that is so, and we need to
coordinate with them, we could get a lot of good free fill that we wouldn't have to
pay and they will save money by not having to go farther out in putting it out, so it'll
be a win-win for everybody, if that could be done. But even if we had to pay for all
the fill, in comparison to what it will bring to us, it's not going to be that expensive to
accomplish. And now, you've opened up that whole waterfront park from one end to
the other so that everyone can enjoy it; our residents, our visitors, tourists, everyone.
And then comes the next step on the kind of trees that we need there, the kind of
playgrounds for kids, and that's one of the things, Maurice, that I'd like to start
talking with you right away so that, you know, like you did with Noguchi, we could
start, you know, putting your thoughts and ideas in how you would like to see that
area reshaped. Obviously, it's going to be a lot of open area that not only kids, but
some of us that aren't kids are going to enjoy and like. So that would be something
that I would like to include in any motion that's presented here today, combined.
City of Miami Page 56 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Further, I would like to include that we put a stop to any additional park
conservancies, trusts, et cetera, until we have some firm ideas of where we want to
go with this in the future.
Chair Russell: Thank you, Commissioner.
Commissioner Carollo: I'm not of the agreement of keeping on giving our prime
property away, that we don't have full control over it.
Mayor Suarez: Mr. Chair?
Chair Russell: Thank you, Commissioner. Mr. Mayor.
Mayor Suarez: Thank you, Mr. Chair. Couple of things. One is, I think the issue of
whether or not we fill the slip is separate and apart from this resolution. This
resolution does not prevent us from filling the slip if we so desire. It simply does not
allow for any development on that parcel. I just want the Commission to be aware
that the City of Miami Commission passed Resolution 11-00620, which says the
following: Whereas Miami -Dade County is proposing a feasibility study to fill the
Florida East Coast Railway Deep Water Slip located in Biscayne Bay, adjacent to
the American Airlines Arena; and whereas the City of Miami invested approximately
15.25 million on the Seawall Remediation Project, and an additional 1 million plus
on the park design; and whereas the Downtown Development Authority, Bayfront
Park Management Trust, and the City invested a combined total of 1,733,829 in the
Mooring Bollard Project; and whereas the above-mentioned investments were made
in recognition of the unique element the FEC Slip brings to Miami's urban
waterfront environment, now therefore, be it resolved by the Commission of the City
of Miami, Florida -- Section 2: The Miami City Commission strongly opposes any
actions or discussions by Miami -Dade County related to the filling of the FEC Deep
Water Slip located in Biscayne Bay, adjacent to the American Airlines Arena. So
this is an already -existing resolution, public policy of this board. So I -- we can -- I
mean, obviously a resolution can be rescinded.
Vice Chair Gort: Be rescinded.
Mayor Suarez: So, I mean, I'm not saying that it can't be. I'm just saying that I
would recommend that we approve this resolution, and take up this other resolution
and whatever that comes from it at some time in the future, because they're not
inconsistent, by the way.
Chair Russell: Thank you, Mr. Mayor.
Commissioner Carollo: What resolution number is that?
Mayor Suarez: It's 11-00620.
Commissioner Carollo: 11-00620. Okay.
Mayor Suarez: And it was approved, obviously, in 2011; signed by Julie Bru, the
City Attorney.
City of Miami Page 57 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
MV - MAYORAL VETOES
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.)
Chair Russell: Before I open for public comment, why don't we take up our
"Message from the Mayor, " as well as any mayoral vetoes, then we'll go right into
public comment?
Mayor Francis Suarez: There are no mayoral vetoes.
Chair Russell: All right.
END OF MAYORAL VETOES
City of Miami Page 58 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
CA - CONSENT AGENDA
Note for the Record. For minutes referencing Item CA.], please see "End of
Consent Agenda. "
CA.2
The following item(s) was Adopted on the Consent Agenda
5577
RESULT: ADOPTED
MOVER: Keon Hardemon, Commissioner
Department of
SECONDER: Ken Russell, Commissioner
Police
AYES: Russell, Gort, Carollo, Reyes, Hardemon
CA.1
RESOLUTION
5558
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Police
EXECUTE MUTUAL AID AGREEMENTS, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI, NORTH BAY
VILLAGE, AND THE CITY OF PINECREST TO RECEIVE AND
EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT
SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND
ADEQUATELY RESPOND TO INTENSIVE SITUATIONS,
INCLUDING, BUT NOT LIMITED TO, NATURAL AND MANMADE
DISASTERS OR EMERGENCIES, AS DEFINED UNDER THE
FLORIDA MUTUAL AID ACT OF CHAPTER 23, PART 1, FLORIDA
STATUTES.
ENACTMENT NUMBER: R-19-0135
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA.], please see "End of
Consent Agenda. "
CA.2
RESOLUTION
5577
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF FUNDS IN AN AMOUNT
Department of
NOT TO EXCEED $201,923.07, FOR A ONE-YEAR PERIOD TO
Police
THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF
POLICE, COUNTY COURT STANDBY PROGRAM; ALLOCATING
FUNDS FROM THE DEPARTMENT OF POLICE GENERAL
OPERATING BUDGET, ACCOUNT NO.
00001.191501.534000.0000.00000.
ENACTMENT NUMBER: R-19-0136
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA.2, please see "End of
Consent Agenda. "
Citv ofMiami Page 59 Printed on 0611112019
City Commission Meeting Minutes April 11, 2019
CA.3 RESOLUTION
5557
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Resilience and
EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN
Public Works
MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY"),
AND THE CITY OF MIAMI BEACH ("MIAMI BEACH")
(COLLECTIVELY, "PARTIES"), IN SUBSTANTIALLY THE
ATTACHED FORM ("AGREEMENT"), ESTABLISHING A MULTI -
AGENCY PARTNERSHIP TO ADVANCE EFFORTS IN
CONNECTION WITH THE COUNTY'S STRATEGIC MIAMI AREA
RAPID TRANSIT ("SMART") PLAN IDENTIFYING THE BEACH
CORRIDOR DIRECT CONNECTION PROJECT ("PROJECT") AS
ONE (1) OF SIX (6) RAPID TRANSIT PRIORITY CORRIDORS;
PROVIDING FOR IMPROVED REGIONAL MOBILITY BETWEEN
THE CITY'S URBAN CORE AND MIAMI BEACH VIA THE
MACARTHUR CAUSEWAY; DEFINING THE GEOGRAPHIC LIMITS
FROM 5 STREET AND ALTON ROAD IN MIAMI BEACH TO THE
GOVERNMENT CENTER IN THE CITY'S DOWNTOWN, PART OF
THE CITY'S STREETCAR ALIGNMENT FROM THE CITY'S
DOWNTOWN TO ITS MIDTOWN, AND FROM 5 STREET IN MIAMI
BEACH TO THE MIAMI BEACH CONVENTION CENTER; AND
PROVIDING FUNDING FOR THE ENVIRONMENTAL, PLANNING,
AND ENGINEERING STUDIES, HAVING A TOTAL ESTIMATED
PROJECT COST OFTEN MILLION DOLLARS ($10,000,000.00),
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
("FDOT") CONTRIBUTING FIVE MILLION DOLLARS
($5,000,000.00), OR FIFTY PERCENT (50%), THE COUNTY
CONTRIBUTING THREE MILLION SEVEN HUNDRED FIFTY
THOUSAND DOLLARS ($3,750,000.00), OR THIRTY SEVEN AND
ONE-HALF PERCENT (37.5%), IN CHARTER COUNTY
TRANSPORTATION SURTAX FUNDS, WITH THE REMAINING
BALANCE OF ONE MILLION TWO HUNDRED FIFTY THOUSAND
DOLLARS ($1,250,000.00), OR TWELVE AND ONE-HALF
PERCENT (12.5%), FUNDED BY EACH OF THE PARTIES IN
THREE (3) EQUAL AMOUNTS OF FOUR HUNDRED SEVENTEEN
THOUSAND DOLLARS ($417,000.00), OR FOUR AND SEVEN -
TENTHS PERCENT (4.7%) EACH, SUBJECT TO BUDGETARY
APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS,
ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
THE PURPOSES STATED HEREIN.
ENACTMENT NUMBER: R-19-0137
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA.3, please see "End of
Consent Agenda. "
Citv ofMiami Page 60 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
END OF CONSENT AGENDA
Commissioner Hardemon: Mr. Chairman?
Vice Chair Gort: Agenda.
Chair Russell: Yes, Commissioner Hardemon.
Commissioner Hardemon: I would like to move the CA (consent agenda), the PH
(public hearing), and the RE (resolution) agenda.
Chair Russell: There's been a motion on the CA, the PH, and the RE agenda. Is
there a second?
Commissioner Carollo: Whoa. Hold on. Let's wait a second.
Chair Russell: I'll -- second by the Chair.
Vice Chair Gort: Why don't you take --? Let's take five.
Chair Russell: We do have a motion and a second on the floor. Let's just deal with
it real quick. Are there --?
Vice Chair Gort: What was the motion?
Chair Russell: This will clear off our entire morning's agenda, if we can do this.
Commissioner Hardemon: To approve the rest of the agenda, besides FR. 1.
Chair Russell: Yeah.
Vice Chair Gort: I'm for it.
Chair Russell: This is the CA, the PH, and the RE agendas. Does anyone have any
issue with any of those items?
Unidentified Speaker: (UNINTELLIGIBLE).
Chair Russell: Please, ma'am. Hello. We're just in the middle of business still, and
I apologize. I apologize. We have a motion and a second on the CA, the PH, and the
RE agendas.
Commissioner Carollo: Hold on. I --
Vice Chair Gort: I want to discuss CA. 3.
Commissioner Carollo: (UNINTELLIGIBLE).
Chair Russell: CA.3?
Vice Chair Gort: CA. 3.
Commissioner Carollo: Just take five and (UNINTELLIGIBLE).
Commissioner Hardemon: I'll pull CA. 3, but let's do the rest.
City of Miami Page 61 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: (UNINTELLIGIBLE) take five (UNINTELLIGIBLE).
Chair Russell: Just a moment, please. All right. We hardly -- well, if you want to
step off; we don't even have a quorum. All right. We're going to take five minutes.
We're going to take five minutes just to clear the room, and then we'll take up the
agenda.
Later...
Chair Russell: We have a quorum. We have a motion and a second on the CA, the
PH, and the RE agendas, removing CA. 3.
Vice Chair Gort: I just want to make a statement on CA.3, that's all.
Commissioner Hardemon: Oh, okay, so we don't have to remove it from --
Chair Russell: Okay; so not removing CA.3. We're considering all three portions of
the agenda, but Commissioner Gort has a statement. Please, go ahead.
Vice Chair Gort: I understand this is the -- we're going to use some funds for
engineer reports on the transportation lines from Midtown to downtown to the
Beach, right? My understanding; CA.3.
Chair Russell: Smart plan.
Vice Chair Gort: Well, I like smart planning. What I'd like to add in that, we're the
only city in the United States and in the world with so much water, and we do not
utilize water transportation. And I think between Miami and Miami Beach, it has to
be an ideal one, and I'd like to see that part of the study, okay? The use of water
transportation, we can bring people from Homestead to downtown to North Miami.
Chair Russell: Thank you very much. Is there any further comment from the dais on
the CA agenda, the PH agenda, and the RE agenda?
Commissioner Reyes: CA agenda -- which one?
Chair Russell: CA, PH, and RE; all of the items.
Commissioner Reyes: RE -- wait a minute, wait a minute.
Todd B. Hannon (City Clerk): Of course, except for RE. 6.
Chair Russell: 6, we already passed.
Commissioner Reyes: Hold on a second. Resolution -- hold on a second. RES, I
have a -- I want to talk to -- I want to clarify certain things with RE. S. Mr. Manager,
can I -- you see, this morning, I asked Mayor Suarez to work with us and work --
because he was -- he did work with Commissioner Hardemon on the closure of that
street. It's not that I'm in favor of closing streets or anything, but what I want to do
is I want to make clear that people from my district, that they come and they have --
they present a petition; a petition, like -- with signatures that they decide -- I mean,
they want a street closure. I want them -- or whatever they decide -- I mean, they are
requesting, I want an analysis, because made and the -- I want to know what process
you undertook that led you into the closure of that street, because according -- when
we presented this --and I think that my residents, they deserve respect. What we just
received was a memo, a memo from the Manager, without any analysis. I mean,
from what I understood -- and I repeat -- I don't think the solution is to close streets,
City of Miami Page 62 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
but what I want is that the same process that it was used, it be used for everybody
that has a petition, because the -- what we weren't informed is that fire -- Police,
Fire Rescue, and Solid Waste, and some other people said that the County didn't
allow it. And I don't want to --when Igo in front of my people, I don't want them to
say, "Okay, we are closing streets someplace, and we cannot close street here" --
Chair Russell: Thank you.
Commissioner Reyes: -- you see? My main concern is that we all are -- I mean, the
process is equal for everybody.
Emilio T. Gonzalez (City Manager): Yes, sir. And I'll be happy to answer it first,
and then I'll turn it over to Director Dodd.
Commissioner Reyes: Yes, sir.
Mr. Gonzalez: When that request came in, we circulated and met internally, and the
Police Department, Fire Rescue, Solid Waste were of the opinion that, were that to
happen, they would not be able to provide the requisite level of service to your
constituents. I --
Commissioner Reyes: What is the difference between one and the other?
Mr. Gonzalez: One was --
Commissioner Reyes: The one that we're closing now, 67th and --
Commissioner Hardemon: Mr. Chairman?
Chair Russell: Yes, Commissioner. Commissioner Gort had a --
Commissioner Reyes: No, no, no.
Chair Russell: -- (UNINTELLIEIGLBE), and then we'll get a response
(UNINTELLIGIBLE).
Vice Chair Gort: Commissioner Reyes, I agree with you, and let me tell you,
because I had requested a traffic study, because of the way that it works right now,
people are not using the expressway. They're getting off (UNINTELLIGIBLE), and
they're going through our cities.
Commissioner Hardemon: Yes.
Vice Chair Gort: There's a way that a traffic study can be done. And I was also
given the same opinion, but then when you go through 17th Avenue over here, all the
way from Dixie Highway to Bayshore Drive, you can see a one-way street; people
coming out, you cannot go into that neighborhood. So it's a traffic study that needs
to be done in our neighborhood, because we're getting a lot of traffic coming into
our neighborhood.
Commissioner Hardemon: Thank you. Mr. -- I want to say this, and I can reference
this now to Commissioner Gort, as well as to Commissioner Reyes: These
neighborhoods are suffering.
Commissioner Reyes: Yes, sir.
City of Miami Page 63 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Hardemon: And we've been handicapped for so long in trying to
make changes into how our neighborhoods are configurated [sic]. We're not a city
that was planned, like a place like, you know, Miramar, or any other place where
you see in the suburbs, where you have main streets, and then you have the
neighborhood streets, where no one can cut through the neighborhood. You know,
my Chief of Staff lives in Miramar, and I can't cut through his neighborhood to get
anywhere. You either go -- you're going there or you're not going there. And so,
they have the benefit -- right? -- Coral Gables -- they have the benefit of enjoying
streets that are calm, streets that are safe for their children; streets that are free
from police chasing criminals down their residential areas, ending up in car
accidents, wrecking people's homes, and making gun violence more easily
undertaken in the neighborhoods. And so, you know, everywhere else, they're telling
us not to -- especially in Miami -Dade County -- try to get a hold of our streets, but I
really believe that we have to. We have to give our residents the same quality of life
that they enjoy in other cities. And just because we're a city that's as old as we are
does not mean that we cannot make the decisions that are difficult decisions to give
us these -- more community feels, because if I can take a vehicle and I can travel at
60 miles an hour and go from the City of Miami --from I-95 in the City of Miami and
all the way through to Hialeah without any major impediments, that is a major
problem --
Commissioner Reyes: Yes.
Commissioner Hardemon: -- you know. And so, I personally believe that -- and I
want to make -- create more neighborhood feels in our communities, because there's
no reason that cars should be traveling at the speed that they're traveling, without
facing these sorts of impediments. There's no reason why we can't have more
greenery to give our communities a better feel than we do right now. And then, also
-- and I'll also say this, and this goes to our District 2 Commissioner: You know,
we've been fighting this whole battle on US I and slowing down the traffic there, et
cetera, and, of course, they use US I as a major highway; they consider it in the
State to be a major highway. But the businesses are suffering on US 1, because the
traffic is moving too fast, there's not adequate parking, people can't walk across the
street safely, and it's a major neighborhood issue.
Commissioner Reyes: That's a shame.
Commissioner Hardemon: And so, when I travel down US I to go to the Keys, I
watch the speed drop to as low as 25 miles an hour.
Commissioner Reyes: We are ready --
Commissioner Hardemon: So why, in the Keys, on US 1, is it okay to travel 25 miles
an hour, but not in the City of Miami?
Commissioner Reyes: We do --
Commissioner Hardemon: And so, I'm sick and tired of seeing how FDOT (Florida
Department of Transportation) treats our community in the City of Miami, as if we
don't deserve plants, as if we don't deserve trees, as if we don't deserve low speed
limits, but then, in other communities that are just outside of us, they do exactly
different. So I think that that's a discussion that we want to continue having --
Commissioner Reyes: Absolutely.
Commissioner Hardemon: -- and I'm -- I give you all my --
City of Miami Page 64 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: Thank you. (UNINTELLIGIBLE).
Commissioner Hardemon: -- honesty that we're going to continue having this on the
dais, because we need to make some changes.
Chair Russell: Commissioner Reyes; then Mayor Suarez.
Commissioner Reyes: And that's why I brought this point. I brought this point, both
because we, as a Commissioner, the whole City is suffering.
Commissioner Hardemon: Yes.
Commissioner Reyes: And my district is suffering a lot, because of the -- I mean,
Silver Bluff, Shenandoah, there is a lot of cut -through. We've been trying, and that's
why I want to incorporate not only the Mayor; the whole Commission, because you
know, (UNINTELLIGIBLE), how many times we have tried to present different
plans, for example, to avoid cut -through in 22nd Avenue, that -- all the new plans
that we have presented? They had all been turned out, you see. They have all been
turned out, and that's why we have to -- you have your problems. I know
Commissioner Gort has his problem, also; even Commissioner Carollo has problems
with cut -through. So what I --
Commissioner Hardemon: They should call it "speed through. "
Commissioner Reyes: That's right. What -- I'm using this opportunity, you see, that
we're talking about traffic and closing street, for us to realize that we have a big
problem, and all of us should work together on finding solution, and present a solid
block, because the streets are controlled by Dade County.
Mayor Francis Suarez: Absolutely. You can't --
Chair Russell: Thank you.
Commissioner Reyes: Okay.
Chair Russell: Mayor Suarez.
Mayor Suarez: So, Commissioner, I totally agree with what you're saying. I'd love
to collaborate with you on 24th Terrace, in particular. I think there's another street
on -- and I can't remember -- I think it's maybe 26th, on 17th Avenue.
Commissioner Reyes: 23rd Terrace --
Mayor Suarez: No, but I'm saying --
Commissioner Reyes: -- I mean, 25th, 26th --
Mayor Suarez: -- there's one on 17th --
Chair Russell: One at a time, please.
Mayor Suarez: -- that separates the east from the west. There's only one that's open
between US I -- I think it's 26th. I think that one also should be -- and I'd be -- and I
think that's in District 3. I'd be happy to collaborate with Commissioner Carollo on
that, as well. Let me just -- if you don't mind, as your TPO (Transportation Planning
Organization) designee, let me sort of give a little bit of scale to the problem, okay?
We have an inadequate mass transit system. We've got 2.8 million people; 2.1
City of Miami Page 65 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
million driver's license out of the 2.8 million people; and people have, on average,
1.01 cars per driver's license. So you've got more people with driver's license --with
cars than with driver's license. So people have, on average, more than one carper
driver's license -- slightly more, right? So you -- then we've got apps (applications),
like Waze, right? You have an app, like Waze; this technology that pushes you
through the neighborhoods to save five minutes, 10 min -- whatever the time savings
is, right? Then you have the tolls. Frankly, we talked a lot about the tolls today. We
all agree that the tolls are excessive; whether it's one thing or another, or whatever,
we agree that the tolls are excessive. And what happens is, for people to save
money, they cut through our neighborhoods. So you've got a perfect storm of
technology, tolls, and tran -- and lack of transit that is all conspiring to make our
neighborhoods -- to reduce the quality of life of our neighborhoods. So the same
way that I support his resolution, I will support your resolution. And I will support,
frankly, Commissioner Carollo, who has one; on 17th Avenue, there's one. I'll
support his resolution, as well.
Commissioner Reyes: I'm going farther than a reso -- simple resolution. What I
want is for us to work together, you see. Those traffic -- I mean, impediments that
we are -- I should call them, they are speed bumps. And also, we have a beautiful,
beautiful, beautiful design for 22nd Avenue, you see, that will -- I mean, we would --
people won't be able to cut through; you know that. That's right. They would have
to -- make them turn right or left, you see. And also, we have to place signs, "no left
turns, " in certain hours. What I want from you, Mr. Mayor, and from the whole
Commission is that we all work together, because we all have a problem, and let's
work -- you guys, so start working on a plan, and how we are going to -- if we
present, I mean, a solid, solid block to Miami -Dade County, they will have to find a
solution, or they would have to accept our solutions.
Mayor Suarez: Mr. Chair?
Chair Russell: Yes, of course.
Mayor Suarez: Again, I couldn't agree with you more. I think the more unified we
are in our approach --
Commissioner Reyes: Absolutely.
Mayor Suarez: -- the stronger it's going to be, the better it's going to be. There have
been times when the County has been difficult. There have been times when the
County has, frankly, been helpful over the years. They were kind enough over many
years to negotiate the traffic control device, MOU (Memorandum of Understanding)
with me, as Commissioner. They did significant testing of different temporary
closures in different places at times. And then, what happens is, as you know, is --
this is a big County, so if somebody has an issue with closures in another part of the
County, it could create a problem with closures in our City.
Commissioner Reyes: Yes.
Mayor Suarez: And so, we have to understand that that happens, as well. But I
think, frankly -- and as I said -- I said this in the State of the City, you know. I think
we have to become aggressive, we have to be unified, and I think --
Commissioner Reyes: I brought the point just because of that.
Mayor Suarez: Yeah, (UNINTELLIGIBLE).
City of Miami Page 66 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Reyes: We want to be unified, and we have to find a solution together
Mayor Suarez: And frankly, we have to --
Commissioner Reyes: -- you see, and help each other.
Chair Russell: All right.
Mayor Suarez: Absolutely.
Chair Russell: Can we move the item?
Mayor Suarez: Wait, let me just -- real quick, and just -- last thought. We have to
tell the County that we are not going to be the cut -through solution to their mass
transit problem.
Commissioner Reyes: Yeah. You're absolutely right. You're absolutely right, and
that's what I want to see, you see; although traffic is like water. You close it
someplace, it's going to go to the other place. But at least let's have a plan, like the -
Commissioner Hardemon: (UNINTELLIGIBLE), though.
Mayor Suarez: Right.
Commissioner Reyes: -- solution that we have on 22nd Avenue, you see?
Mayor Suarez: But -- it is, but in wealthy areas, it's all closed. If you look at, you
know, a lot of them in District 2.
Commissioner Hardemon: Sure; Upper Eastside.
Vice Chair Gort: Correct.
Mayor Suarez: Yeah. I mean, Morningside --
Commissioner Hardemon: Sure. And it's --
Mayor Suarez: -- Bay Point, Bay Heights, Natoma Manors.
Commissioner Reyes: It all depends on the flow of traffic. But --
Mayor Suarez: Right.
Commissioner Reyes: -- I mean, I'm willing to look at all the solutions. But we have
some plans that I need your help --
Mayor Suarez: I'm with you.
Commissioner Reyes: -- that I need your help.
Mayor Suarez: I'm with you.
Commissioner Reyes: Okay?
Mayor Suarez: I'm with you.
City of Miami Page 67 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: All right.
Commissioner Reyes: In order to pass it.
Chair Russell: Do you need any information from the Director for its to pass this
item?
Commissioner Reyes: No, no, no; he knows it.
Chair Russell: Good. Thank you.
Commissioner Reyes: I mean, he -- as a matter of fact, he one of -- he was one of the
developer, I mean. It was -- but we need to keep on working on it, and try to --
because, let me tell you, it has become a life safety issue, you see. They goes by --
what Commissioner Hardemon is saying, they go by those neighborhoods at speeds
that they -- it is incredible, you see. And they're going to -- I mean, the children
cannot even come out and play; people, that they are afraid of even backing out on
their streets, you see. It's a crisis.
Commissioner Hardemon: Commissioner Reyes, you remember when you used to
play in the street? I remember growing up, playing in the street.
Commissioner Reyes: Yeah, I remember that.
Commissioner Hardemon: You had enough time to say, "car" --
Commissioner Reyes: That's right.
Commissioner Hardemon: -- and get out of the way.
Chair Russell: Still do.
Commissioner Hardemon: Not anymore.
Commissioner Reyes: I used --
Chair Russell: All right.
Commissioner Reyes: -- to play "catch" with my son; I can't anymore.
Chair Russell: All right.
Commissioner Reyes: Not because I'm old; because I will be run over.
Chair Russell: All right, gentlemen. Let's get some business done. Are there any --
is there any more discussion on the items at hand; CA agenda, PH agenda, and RE
agenda?
Commissioner Carollo: Could you pull PH.1 ?
Commissioner Hardemon: I don't mind. I don't mind.
Chair Russell: Okay. Pullout PH.1; mover is fine. Thank you. So we're just taking
up the CA agenda; the PH agenda, not including PH. 1; and the RE agenda for those
items not passed yet. Any further discussion from the dais? Hearing none, all in
favor, say "aye. "
City of Miami Page 68 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes. Thank you very much.
City of Miami Page 69 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
PH - PUBLIC HEARINGS
PH.1 RESOLUTION
5556 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of Fire- ATTACHMENT(S), BY FOUR-FIFTHS (4/5THS) AFFIRMATIVE
VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE
Rescue CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER
AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING,
AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE
SOURCE, ATTACHED AND INCORPORATED AS EXHIBIT "B";
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING PROCEDURES; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE OPTICOM PRIORITY CONTROL AS A SERVICE
("PCAAS") MASTER SERVICES AGREEMENT FROM GLOBAL
TRAFFIC TECHNOLOGIES, LLC, A FOREIGN LIMITED LIABILITY
COMPANY ("GTT"), IN SUBSTANTIALLY THE FORM ATTACHED
AS EXHIBIT "A," INCLUDING, BUT NOT LIMITED TO, THE
SOFTWARE LICENSES, TRAINING SERVICES, MAINTENANCE,
AND SUPPORT FOR A PERIOD OF ONE (1) YEAR SUBSCRIPTION
WITH ANNUAL RENEWALS; ALLOCATING FUNDS FROM THE
FIRE -RESCUE DEPARTMENT'S PROJECT NO. 40-13193204,
SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT TIME OF NEED; 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 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-19-0148
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Russell, Gort, Carollo, Reyes
ABSENT:
Hardemon
Note for the Record. For additional minutes referencing Item PH.], please see
"End of Consent
Agenda."
Chair Russell: We'll take up PH.], please. Commissioner Carollo.
Commissioner Carollo: PH.1. What does this company actually do? Why do we
only have one source? Mr. Manager, PH.]. Why is it only one source?
Emilio T. Gonzalez (City Manager): Sir, this is proprietary technology. I've got the
(UNINTELLIGIBLE).
Citv ofMiami Page 70 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: That's what it says here, but why is it proprietary
technology?
Unidentified Speaker: (UNINTELLIGIBLE).
Mr. Gonzalez: Yes, sir; go ahead.
Annie Perez: Good afternoon, Commissioners. Annie Perez, Director of
Procurement. We did extensive market research -- I'm sorry, I ran out here -- and
some of the things that we looked at are obviously, what makes the system, so they
supplied a letter why they're proprietary. But we also look at other entities to see if
there's any comparable contracts; or if other entities have this contract, what was it
procured as? And we have -- Broward County, Seminole County, Osceola, Orange,
Hillsborough, Sarasota, Collier, Coral Gables, Orlando, Boca Raton, and Palm
Beach all had it as a sole source. If you give me a moment, let -- try to find the
letter. Please bear with me. So if you look in your package, there is an extensive
letter from Global Traffic Technologies, and it talks about Opticom being a standard
of priority control, and it talks about their technology for being able to control the
traffic lights, which is what Fire needs it for. It also talks about their proprietary
design, which prevents unauthorized use of the system. Mixing components would
significantly reduce or eliminate the security measures for Opticom Solution. They
talk about -- it's just a proprietary software program, so -- and I don't know if Fire
wants to expand a little bit on what they -- what it does.
Eloy Garcia: Good afternoon, Commissioners. Deputy Fire Chief Eloy Garcia,
Chief of Administration. Yes, this is a GPS (global positioning system) -based
technology system that -- we've ran a pilot program at Station S, and it increased our
response times by 12 percent.
Chair Russell: Decreased.
Chief Garcia: I'm sorry?
Chair Russell: Decreased your response time.
Chief Garcia: Decreased, yes -- I'm sorry -- decreased response time by 12 percent,
and also increased safety. It will go in 113 intersections in the City of Miami, and
inside of all apparatuses. And it's basically -- as you approach the intersection, the
light turns green. And as you approach, the next one also would turn green. Miami -
Dade County right now is looking to piggyback on this same technology, and the
City of Coral Gables, my understanding, is in the procurement phase.
Chair Russell: And Commissioners get this, as well, right? (UNINTELLIGIBLE).
Chief Garcia: Okay, we can prioritize you into the system.
Chair Russell: I'm kidding. We don't want that. All right. Thank you. Are you
satisfied, Commissioner?
Commissioner Carollo: Where are they a foreign corporation from?
Chief Garcia: I'm sorry, sir?
Commissioner Carollo: Where are they a foreign corporation from?
Chief Garcia: A foreign corporation?
City of Miami Page 71 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: Yeah. You have here that they are a foreign corporation,
which could mean somewhere else in the United States, outside of Florida; or it
could be foreign, as most of its see it.
Chief Garcia: I'll ask --
Commissioner Carollo: It says here, "A foreign limited liability company. "
Ms. Perez: Yes. They are registered with SunBiz, Commissioner, but they are from
St. Paul, Minnesota.
Commissioner Carollo: Okay. St. Paul?
Ms. Perez: Mm-hmm.
Commissioner Carollo: All right. Yeah. I'm running them worldwide right now, so
they don't appear anywhere else except the US (United States). That's fine. Okay.
Ms. Perez: Okay.
Chair Russell: Thank you very much.
Ms. Perez: You're welcome.
Chair Russell: Any further discussion on PH. 1 ? All in favor of the item, say "aye. "
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes.
PH.2
RESOLUTION
5559
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF
Housing and
PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK
Community
GRANT ("CDBG") FUNDS, GENERATED FROM OCTOBER 1, 2018
Development
TO JANUARY 30, 2019, IN THE AMOUNT OF $820,018.52 TO THE
"A,"
CATEGORIES SPECIFIED IN ATTACHMENT ATTACHED AND
INCORPORATED; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO COMPLETE THE TRANSACTION FOR THE
SPECIFIED AMOUNTS, FOR SAID PURPOSE(S).
ENACTMENT NUMBER: R-19-0138
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Keon Hardemon, Commissioner
SECONDER:
Ken Russell, Commissioner
AYES:
Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record: For minutes referencing Item PK2, please see "End of
Consent Agenda. "
City of Miami Page 72 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
PH.3
RESOLUTION
5560
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF
Housing and
PROGRAM INCOME FROM HOME INVESTMENT PARTNERSHIP
Community
("HOME") PROGRAM FUNDS, GENERATED FROM MAY 1, 2018
Development
TO JANUARY 30, 2019, IN THE AMOUNT OF $1,076,978.15 TO
"A,"
THE CATEGORIES SPECIFIED IN ATTACHMENT ATTACHED
AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO COMPLETE THE TRANSACTION FOR THE
SPECIFIED AMOUNT, FOR SAID PURPOSE(S).
ENACTMENT NUMBER: R-19-0139
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Keon Hardemon, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record. For minutes referencing Item PK3, please see "End of
Consent Agenda. "
PHA
RESOLUTION
5561
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY")
Housing and
LOCAL HOUSING ASSISTANCE PLAN ("LHAP"), ATTACHED AND
"A,"
Community
INCORPORATED AS EXHIBIT FOR THE PERIOD OF JULY 1,
Development
2019 THROUGH JUNE 30, 2022, FOR THE CONTINUED
PARTICIPATION OF THE CITY IN THE FLORIDA STATE HOUSING
INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; AUTHORIZING
THE CITY MANAGER TO SUBMIT THE LHAP FOR REVIEW AND
APPROVAL BY THE FLORIDA HOUSING FINANCE
CORPORATION; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO IMPLEMENT THE TERMS AND CONDITIONS OF
THE LHAP AND THE SHIP PROGRAM.
ENACTMENT NUMBER: R-19-0140
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Keon Hardemon, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record. For minutes referencing Item PK4, please see "End of
Consent Agenda. "
Citv ofMiami Page 73 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
PH.5
RESOLUTION
5562
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AUTHORIZING THE ASSIGNMENT OF THE
Housing and
PURCHASE AND SALE AGREEMENT FOR THE CITY OF MIAMI
Community
("CITY") OWNED PARCELS OF LAND LOCATED AT 6240
Development
NORTHWEST 15 AVENUE AND 1501, 1515, 1525, 1535, 1551,
1560, 1520, AND 1500 NORTHWEST 62 STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
ATTACHMENT "A," ATTACHED AND INCORPORATED, FROM
ATLANTIC PACIFIC COMMUNITIES, LLC ("ATLANTIC') TO
RESIDENCES AT DR. KING BOULEVARD, LTD., FOR THE
DEVELOPMENT OF AFFORDABLENVORKFORCE RENTAL
HOUSING FOR ELIGIBLE LOW TO MODERATE INCOME
PERSONS; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY AND BOND COUNSEL, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-19-0141
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Keon Hardemon, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record. For minutes referencing Item PH. S, please see "End of
Consent Agenda. "
PH.6
RESOLUTION
5595
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ACCEPTING THE PLAT TITLED "CRYSTAL
Department of
WOODS," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY
Resilience and
DESCRIBED IN ATTACHMENT "1," SUBJECT TO SATISFACTION
Public Works
OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET
COMMITTEE, AS SET FORTH IN EXHIBIT "A," ATTACHED AND
INCORPORATED, AND THE PROVISIONS CONTAINED IN
SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE
PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE
RECORDATION OF THE PLAT, IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
ENACTMENT NUMBER: R-19-0142
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Keon Hardemon, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record. For minutes referencing Item PH. 6, please see "End of
Consent Agenda. "
Citv ofMiami Page 74 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
END OF PUBLIC HEARINGS
City of Miami Page 75 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
RE - RESOLUTIONS
RE.1
RESOLUTION
5531
A RESOLUTION OF THE MIAMI CITY COMMISSION
Department of
AUTHORIZING THE ACCESSING OF MIAMI-DADE COUNTY
General Services
("MDC") CONTRACT NO. 3881-5/16-1 FOR BODY WORK REPAIR
Administration
("COLLISION DAMAGE) REFURBISHMENT AND PAINTING PRE -
QUALIFICATION POOL ("PRE -QUALIFICATION POOL"), FOR THE
GENERAL SERVICES ADMINISTRATION ("GSA") DEPARTMENT
PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, WITH VARIOUS VENDORS,
WHICH WAS COMPETITIVELY SOLICITED BY MDC FOR AN
INITIAL TERM OF FIVE (5) YEARS, WITH AN OPTION TO RENEW
FOR ONE (1) ADDITIONAL FIVE (5) YEAR PERIOD, SUBJECT TO
ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY
MDC; ALLOCATING FUNDS FROM THE CITY OF MIAMI'S
VARIOUS SOURCES OF FUNDS FROM THE USER
DEPARTMENTS AND AGENCIES, SUBJECT TO AVAILABILITY OF
FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ALL OTHER CONTRACT 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 WITHOUT LIMITATION, 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-19-0143
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Keon Hardemon, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record. For minutes referencing Item RE.], please see "End of
Consent Agenda. "
Citv ofMiami Page 76 Printed on 0611112019
City Commission Meeting Minutes April 11, 2019
RE.2
RESOLUTION
5532
A RESOLUTION OF THE MIAMI CITY COMMISSION
Department of
AUTHORIZING AN INCREASE IN THE CONTRACT CAPACITY
Resilience and
FROM AN AMOUNT NOT TO EXCEED $1,201,812.00, TO AN
Public Works
AMOUNT NOT TO EXCEED $1,701,812.00 FOR INVITATION FOR
BID ("IFB") NO. 12-13-033, CITYWIDE PAVEMENT RESURFACING
SERVICES, WITH H&R PAVING, INC., AUTHORIZED PURSUANT
TO RESOLUTION 13-0467; ALLOCATING FUNDS FROM THE
DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("PUBLIC
WORKS") GENERAL AND VARIOUS SOURCES OF FUNDS;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY
AMENDMENTS, RENEWALS, AND EXTENSIONS SUBJECT TO
ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY
APPROVALS 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-19-0144
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Keon Hardemon, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record. For minutes referencing Item RE.2, please see "End of
Consent Agenda. "
RE.3
RESOLUTION
5680
A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING
NO OBJECTION AND SUPPORTING THE CO -DESIGNATION OF
Commissioners
THAT PORTION WITHIN THE CITY OF MIAMI'S MUNICIPAL
and Mayor
BOUNDARIES OF NORTHWEST 10TH AVENUE FROM
NORTHWEST 23RD STREET TO NORTHWEST 27TH STREET AS
"BOBBY MADURO WAY"; FURTHER DIRECTING THE CITY
CLERK TO TRANSMIT A CERTIFIED COPY OF THIS
RESOLUTION TO THE HEREIN DESIGNATED OFFICES.
ENACTMENT NUMBER: R-19-0145
Citv ofMiami Page 77 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Keon Hardemon, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
ENACTMENT NUMBER: R-19-0146
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Keon Hardemon, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record. For minutes referencing Item RE.4, please see "End of
Consent Agenda. "
Citv ofMiami Page 78 Printed on 06/11/2019
Note for the Record. For minutes referencing Item RE.3, please see "Public
Comment Period for Regular Items" and "End of Consent Agenda. "
REA
RESOLUTION
5728
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF
and Mayor
COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS
IN THE AMOUNT OF $1,105,000.00 TO THE DEPARTMENT OF
REAL ESTATE AND ASSET MANAGEMENT FOR THE
ACQUISITION OF REAL PROPERTIES LOCATED AT 2445
SOUTHWEST 5 AVENUE AND 471 SOUTHWEST 25 ROAD,
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED, TO BE USED AS
A PUBLIC PARK; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-19-0146
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Keon Hardemon, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record. For minutes referencing Item RE.4, please see "End of
Consent Agenda. "
Citv ofMiami Page 78 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
RE.5
RESOLUTION
5731
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO INITIATE THE PERMANENT
Commissioners
("PARK") AND THE FLORIDA EAST COAST RAILWAY DEEP
and Mayor
RESTRICTION OF VEHICULAR ACCESS TO NORTHEAST 68TH
and Mayor
STREET IN THE BAYSIDE/MIMO HISTORIC DISTRICT FROM A
POINT APPROXIMATELY 175 FEET EAST OF BISCAYNE
BOULEVARD CONDITIONED UPON ACCESS FOR EMERGENCY
VEHICLES AT ALL TIMES THROUGH A PERMANENT
LANDSCAPE BARRICADE, REMOVABLE BOLLARD DEVICE, OR
OTHER NON -PERMANENT DEVICE PURSUANT TO SECTION 54-
16 OF THE CODE OF MIAMI, FLORIDA, AS AMENDED, SUBJECT
TO FINAL APPROVAL OF THE MIAMI-DADE COUNTY
DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS
TRAFFIC DIVISION AND CERTAIN CONDITIONS AS MORE
PARTICULARLY SET FORTH HEREIN; DIRECTING
TRANSMITTAL TO THE OFFICIALS STATED HEREIN.
ENACTMENT NUMBER: R-19-0147
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Keon Hardemon, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record. For minutes referencing Item RE. S, please see "Public
Comment Period for Regular Items" and "End of Consent Agenda. "
RE.6
RESOLUTION
5733
A RESOLUTION OF THE MIAMI CITY COMMISSION LIMITING
THE USE OF THE AREAS KNOWN AS MAURICE A. FERRE PARK
Commissioners
("PARK") AND THE FLORIDA EAST COAST RAILWAY DEEP
and Mayor
WATER SLIP ("FEC SLIP") TO ONLY PARK AND OTHER GREEN
SPACE USES FOR THE PLEASURE, RECREATION, AND
EDUCATION OF THE PUBLIC, THEREBY PROTECTING THE
PARK AND FEC SLIP FROM ANY COMMERCIAL DEVELOPMENT;
DIRECTING THE CITY MANAGER TO IMPLEMENT THE POLICY
AS STATED HEREIN.
ENACTMENT NUMBER: R-19-0134
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Ken Russell, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record. For additional minutes referencing Item RE.6, please see
"Order of the Day, " "Public Comment Period for Regular Items, " and "End of
Consent Agenda. "
Citv ofMiami Page 79 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Reyes: Mr. Chair?
Chair Russell: So -- yes, Commissioner Gort; then Commissioner Reyes --
Commissioner Reyes; then Commissioner Gort.
Commissioner Reyes: I -- First of all, thank you for being here, Maurice. I wish
you'd be sitting here with us, because the best time that I spent in this building was
when I was a young budget analyst, and I spent hours and hours seeing you in
action, and I enjoyed it. I really hope that you come more often and discuss with us
the -- I would cherish you being here and be part of our discussions, you see; please
do. But I think that what Commissioner Carollo has just said is that he is not going
to pursue -- is that what you are saying, sir?
Commissioner Carollo: Yes.
Commissioner Reyes: That's what I do understand. He's not going to pursue the
RFP that it was -- and I commend you for doing it, Commissioner Carollo. But I
believe that we have to protect our parks, and if we're going to go with -- going to
vote in Commissioner Russell -- I mean, he -- a proposal, I think that it has to -- we
have to do more, go further than that. As I have known, and I noticed that every
single oceanfront property, it's --just by right, they are -- if they are civic space, any
park that it is waterfront can be developed by right; says it here, Miami 21, by right.
That means that another Commission that is here could come and say, "Ah, pick a
park. We need a marina there"; can be developed into a marina. It's right here. If -
- anybody can come to Kennedy Park and say, "What a beautiful marina is" -- I think
we have to protect that. I believe that we have to protect all our parks. And let me
tell you, I'm really glad to see all of you here, but at the same time, it saddens me. It
sadden me that I open the newspaper, and I get front page -- front page -- and it is
this article that said, "Can you imagine living in Biscayne Boulevard and hearing the
marina working, hearing the trucks backing up, listening to the sounds and
everything, that it is really deteriorating the quality of life of the residents?" And it
saddens me, because that same argument was in place when Melreese was being
turned into -- I mean, was given away and there is a stadium, there is million square
feet of --
Vice Chair Gort: Office buildings.
Commissioner Reyes: -- office building, shopping center, hotels, and everything.
How about the deterioration of the quality of life of those people that live in
Grapeland and Flagami? Nobody thought about that. The same newspaper that
now, it's totally against developing a marina there was supporting that. And it came
to my mind, you see; it came to my mind, and I said, "Damn, something like this,
once I saw in my life, and it is that difference between one population of the other."
And I remember when I was very young, I read George Orwell's Animal Farm, and it
says -- it's a passage in that, that says, you know, referring to people that have more
benefits, and the pig says, "All animals are equal, but some animals are more equals
than other. " And that means that these people that now, they are against disturbing
the quality of life of people in Biscayne Boulevard, they don't care what happens in
Grapeland or Flagami, you see? That's not right. Commissioner Carollo, before, he
said, you see, "In the City of Miami, we are all equal, " see; doesn't matter your
social, economic status. And that's why this saddens me, and that's why I want to
include that in -- if we going to -- I mean, we should in that resolution that we are
going to protect all parks; all parks have to be protected. I have a list of all parks
here. And I know that one of my fellow Commissioners or somebody is going to say,
"Listen, that will tie our hands." No, it won't tie our hands. If we follow the idea
that I presented before when we were discussing Melreese and the development -- or
City of Miami Page 80 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
that massive commercial development there, I said, "Before we do anything in our
City with any of our green space, we should take it to the voters with just a simple
question: Do you agree that this section of this park should be developed; yes or
no?" It's very simple. You don't have to be hiding. You don't have to -- I mean
mincing -- I mean, trying to get them into voting 'yes. " If they say, 'yes, " then we go
through the process of an RFP, you see, without doing away with the process that
should be done, and that wouldn't tie our hands. Let's protect all our parks. Let's
protect all our oceanfront, that they shouldn't be developed, because, by right, by
right, any Commission that comes by -- comes here after us, and I'm not going to say
80 years from now, because, you see, according to my age, I don't know what is the
life expectancy here -- I mean, nowadays? About 80 years or --
Vice Chair Gort: 105.
Commissioner Reyes: -- huh? 78?
Vice Chair Gort: 105.
Commissioner Reyes: Huh?
Vice Chair Gort: 105. That's what I'm shooting --
Commissioner Reyes: 105? Well --
Vice Chair Gort: --for.
Commissioner Reyes: Well, if --
Vice Chair Gort: (UNINTELLIGIBLE).
Commissioner Reyes: Okay. But we are indebted to our children. We are indebted
-- I mean, we should do this for our children. We should do it for our future
generations, that we are going to leave them green space, and besides that, we're
going to tie the hands of those people that wants to give away our City to maybe --
I'm not going to say --friends or business part --or somebody else. We have to tie
our hands; that's why I will support your resolution, Mr. Russell, with a friendly
amendment that we include all parks and a process for -- that I just mentioned --
developing any green area.
Chair Russell: Thank you.
Commissioner Reyes: And that's the only way that I could vote in favor of that.
Chair Russell: Commissioner Gort.
Vice Chair Gort: I don't speak much, but I'm going to take my time, because I go
back with Mayor Ferre since he ran the first time for State Representative. I learned
quite a bit from him. And also, I want to go back to when I was a kid. As a little boy,
my family used to bring me here as a tourist, and downtown Miami was the place to
be, where all the action was taking place and everything was going on. Then when
we moved to Miami, or Miami Height, all the events would take place in downtown
Miami. It was the center, but Miami -Dade County did not exist at that time. And
what happened, all of a sudden, the gentrification started to take place outside to the
negative towards downtown Miami. People, business were moving out of downtown
Miami. Downtown Miami came out where tourists no longer had any attraction
taking place. And that's when Mayor Ferre came up with an idea, and talked to the
Rouse Company to bring the Bayside. Bayside made a change in downtown Miami.
City of Miami Page 81 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Bayside brought downtown Miami to what it is today. The other thing we have to
look at, thanks to Bayside and some of the innovations that Mayor Ferre made has
created with this downtown today where we have residents. I remember for years,
we were trying to do something to get residents to come to downtown Miami. And
we need to realize that all the building that has taken place and all the taxes that's
coming out of that area -- and there'll be more projects coming in. As you can tell
right now, Flagler Street is changing. All cities change through the years, and we
have to adapt to the changes that are taking place. And downtown Miami, from what
I'm reading and people I discuss with, there's a lot of new investment coming to the
Central Business District and outside of the Central Business District that not only
helps create jobs; it creates income, but help to pay taxes for some of the
neighborhoods, thanks to the taxes that are being paid within this area. And I think
we owe a lot of that to Maurice Ferre. I agree with Commissioner Carollo and
Commissioner Reyes, but I think this is two different things. Today I would like for
Mayor Ferre to continue to come back for other matters; not for this matter. So I'm
telling you right now, I'll be in favor of this the way it is right now. Any other ones,
we can change them or we can bring it back. At the same time, my understanding is
every decision of anything that's going to build on any park has got to be made by
us, the Commission. Am I correct?
Mayor Francis Suarez: Yes.
Vice Chair Gort: Okay.
Chair Russell: Thank you, Commissioner Gort. So let me say this: The discussion
has broadened. The ideas with the FEC Slip are very interesting, and I think it
warrants a lot of deeper discussion and public input. I'll be amending my item to
remove any mention of the FEC Slip, and make this a very simple resolution
regarding Maurice Ferre Park. We named the park after Maurice Ferre. We're
very fortunate to have him here to speak to us about it. You better damn believe
we're going to listen to him. So I'm going to pass the gavel and make the motion on
RE. 6, amended.
Commissioner Carollo: Okay. The amendment on RE.6 is only as to parkland; not
to the slip, correct?
Chair Russell: Correct.
Commissioner Carollo: Okay.
Chair Russell: Just -- the amendment would be removing --
Commissioner Carollo: Okay.
Chair Russell: -- the two references to "FEC Slip. "
Commissioner Carollo: Could I ask the Chair if I may --
Vice Chair Gort: That's a motion?
Commissioner Carollo: I think this will make things a lot easier.
Vice Chair Gort: Second.
Commissioner Carollo: Before we take this item, if I could present a resolution --
and you haven't gotten a second, so --
City of Miami Page 82 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: Not yet.
Commissioner Carollo: -- I'm game. A resolution that would rescind Resolution R-
11-0298, which is the one that the Mayor previously spoke about that would prevent
us from filling in the slip; a slip that you heard Maurice Ferre himself say that he
feels should be filled in to make that park what it really should be so that we could
unite all of those parks together. So I will make a motion to rescind Resolution R-
11-0298.
Commissioner Hardemon: Commissioner Gort --
Victoria Mendez (City Attorney): Commissioner—
Commissioner Hardemon: -- may I, please?
Vice Chair Gort: Yes.
Commissioner Hardemon: Thank you. Okay. It seems that we've simplified the
matter with RE.6 by eliminating the reference to a slip, right? So in an effort to keep
things having -- because, I mean, I would really like -- I would've made a motion to
move a whole lot of things at once instead of just this one thing, because we spent a
lot of time on this. However, seeing the fact that it's been simplified and we're not --
and this slip is not the topic of discussion right now, what I'd like to do is second the
Chairman's motion so that we can now focus just on that one issue, because I don't
think we're going to have much discussion on that; I don't think so, but it really could
happen. And then, I would like to direct our attention to the discussion and
resolution that Commissioner Carollo wants to bring up. Now, the only thing is that
I don't know if that can be --
Vice Chair Gort: Later.
Commissioner Hardemon: I'm not sure if it can be done immediately --
Commissioner Carollo: Yes.
Commissioner Hardemon: -- without any notice.
Commissioner Carollo: I -- rescinding this resolution, we can.
Commissioner Hardemon: I'm not sure of that; that's all I'm saying.
Ms. Mendez: So if it's --
Vice Chair Gort: Excuse me; one at a time, please.
Commissioner Hardemon: So I just want to ensure that there is a second regarding
the simplified version of RE. 6, because I think that the slip is an interesting thing in
and of itself. I could understand the desire to fill the slip, but also, I mean, unlike
those of you who've ran or biked or skated, or walked around the slip, and it seems
to be -- and I don't know the technicalities between what body of water ends and
where another body of water ends [sic], but at least in that space, that increases the
amount of waterfront property that we have, because it appears that it comes in
towards the mainland and then goes back out towards the -- you know, the direction
of it. And I know that if you were to fill it, then it'll be a short distance. You're
basically going from one part of this -- I guess if you're looking at the width of it --
from one part to the next. But that's not a -- it may not be a huge issue to this body
at all. All I'm saying is that if we're talking about limiting the commercial
City of Miami Page 83 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
development at Maurice Ferre Park, I can second that motion so that we can have
further discussion regarding that, and possibly take a vote.
Vice Chair Gort: Okay. Madam Attorney, yes. Go ahead.
Ms. Mendez: Commissioner, is there any way we can do that at the next Commission
meeting on April 25, the rescinding of that reso? It is a significant reso. It's not an
emergency, technically, unless you deem it an emergency, but --
Commissioner Carollo: We could, but I want to make certain that everyone here
sees what we're going through. If we're serious in making this into a real crown
jewel for Miami, we need to really fill that slip. And I understand what you're saying
about more waterfront, but if by just saying that we have more waterfront is going to
prevent an opening up all of Maurice Ferre Park all the way on down where people
go through there, real simply and easy, and, you know, people like to go through a
straight line; not to be going around all kinds of hurdles, I think that that's the way
to go. You heard Maurice himself say that he would like to see that filled for the
reasons that he stated himself.
Vice Chair Gort: Commissioner, for the reasons stated, I think I myself will agree
with you on that, but I think the -- if the Law Department has to go --
Commissioner Carollo: Sure.
Vice Chair Gort: -- to a time to bring something so it won't be challenged. We all
know how we get challenged all the time any time we do anything. All right? So --
Commissioner Carollo: I --
Vice Chair Gort: -- but at this time, there's a motion and there's a second. Is there
any further discussion?
Commissioner Reyes: I --
Vice Chair Gort: Yes, sir; you're recognized.
Commissioner Reyes: As I stated, I am very serious and adamant about protecting
all the parks, and I'm very glad and I'm very happy that Commissioner Carollo, he is
not going forward with the RFP for the Maurice Ferre Park. But if we're going to
protect one park, we have to protect all the parks. How about West End? How
about Charlie Hadley? How about Duarte? How about any other parks where we
don't have such -- so many people coming in and defending it; so many prominent
citizens coming in? Because they are factory workers, and they don't even realize
what's going on, you see, or they are people that they cannot spend time here,
because they have other duties. How about those parks? How about our oceanfront
parks that, by right, anybody -- I mean, any Commission could develop it? You see,
if we don't protect all the parks, you see -- Maurice, I love you, and every time that
they're going to do something in your park, I'm going to be here fighting against, but
I cannot support this resolution.
Vice Chair Gort: Commissioner Reyes, let me give you a suggestion. Let's ask the
City Attorney to come back with a resolution for next Commission meeting stating
that; protection for all the parks.
Ms. Mendez: That would have to be an ordinance, but we can have it --
Vice Chair Gort: Fine.
City of Miami Page 84 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Ms. Mendez: Okay.
Vice Chair Gort: I want a -- that's what I want.
Commissioner Reyes: Listen, even if we have to place it on a ballot, even if we have
to place it on next election ballot, I want all parks to be protected --
Vice Chair Gort: Okay.
Commissioner Reyes: -- you see? And I am adamant about this.
Commissioner Hardemon: So what's a park? Let's talk about --
Commissioner Reyes: A park is anything that -- any --
Commissioner Hardemon: I have a few parks that --
Commissioner Reyes: No, no. Really, really.
Commissioner Hardemon: -- I think you would (UNINTELLIGIBLE) too.
Commissioner Reyes: Let me tell you, I'm going to --
Commissioner Hardemon: Because, you know, a lot of times, we build one thing and
then --
Commissioner Reyes: --but I --
Commissioner Hardemon: -- shut the door behind us, but --
Commissioner Reyes: -- we can untie our hands if we go through the process of
getting to the people who owns the parks -- we don't own the park -- and ask them
beforehand, you see. Ask them, "Do you agree that this park should be developed?"
"Yes. " Then we go through an RFP, and we follow the process. And what is a park?
Everything --anything that --it is CS (civic space). That is a park.
Commissioner Hardemon: Even if it's a dump?
Commissioner Reyes: It doesn't --
Vice Chair Gort: Commissioner, Commissioner Reyes --
Commissioner Reyes: If it is CS -- listen, this area -- I mean this little park that --
where that restaurant was, it -- that's a park. We have to protect it, too, you see.
Vice Chair Gort: Commissioner Reyes, we can ask for an ordinance to be prepared
for us to have that in the next Commission meeting. All right?
Commissioner Reyes: Okay.
Vice Chair Gort: Thank you.
Commissioner Reyes: I'll go as far as that.
Vice Chair Gort: Okay. Any --?
City of Miami Page 85 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Reyes: And I accept that. I accept that in deference to my favorite
Mayor.
Commissioner Carollo: Along with a resolution rescinding the --
Vice Chair Gort: Correct; both resolutions. Any further discussion? Being none --
Commissioner Carollo: In his case, it's got to be an ordinance; in mine, it's a
resolution.
Vice Chair Gort: You're right; yours is a resolution.
Commissioner Reyes: That's right.
Vice Chair Gort: Any further discussion? Being none, all in favor, state it by
saying, "aye. "
The Commission (Collectively): Aye.
Vice Chair Gort: Congratulations.
Mayor Suarez: Thankyou, Commissioners.
(Applause)
Commissioner Hardemon: Mr. Chairman?
Ms. Mendez: The reso was as amended.
Vice Chair Gort: Correct; as amended.
END OF RESOLUTIONS
City of Miami Page 86 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
FR - FIRST READING ORDINANCE
FRA
ORDINANCE First Reading
5549
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Commissioners
CHAPTER 2/ARTICLE XI/DIVISION 21/SECTION 2-1317 OF THE
and Mayor
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"ADMINISTRATION/BOARDS,
COMMITTEES,
COMM ISSIONS/WYNWOOD BUSINESS IMPROVEMENT
DISTRICT BOARD/COMPOSITION OF BOARD; TERMS, FILLING
OF VACANCIES," BY INCREASING THE NUMBER OF VOTING
MEMBERS OF THE WYNWOOD BUSINESS IMPROVEMENT
DISTRICT BOARD ("BID") FROM SEVEN (7) MEMBERS TO NINE
(9) MEMBERS AND REQUIRING MEMBERS TO BE EITHER (1)
COMMERCIAL PROPERTY OWNERS IN THE BID OR (11)
DESIGNATED REPRESENTATIVE; INCREASING QUORUM;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading with Modification(s)
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Chair Russell: FR.1. Is Commissioner Hardemon here?
Commissioner Reyes: Which item?
Chair Russell: FR.1 is the Wynwood BID (Business Improvement District). I'll --
Commissioner Reyes: FR.1.
Chair Russell: If not, I will move to D13, discussion of the Ultra Music Festival.
Oh, never mind Let's do FR.1 while we have Commissioner Hardemon. Wynwood
BID item.
Commissioner Reyes: I move it.
Chair Russell: It's been moved by Commissioner Reyes.
Commissioner Hardemon: So there is a -- there is an ordinance that we have for
FR.1. I passed out a document to all of you all, because I wanted to make an
amendment to the ordinance. So the correct -- I guess the correct language would
be I wanted to modify the ordinance, so it reads as it is that's before you; that the
membership goes from seven members to nine members; seven of which are voting
members; two of which are non-voting members. And then there's -- and two of the
nine members will be from the retail, cultural arts, office, or restaurant, established
business owners. And then, on the next page of it, instead of the quorum changing as
it was changing before, it is set at what it was before, which is four voting members.
So it -- the motion should include the amendment -- or the modification, which is
passed out before you.
Commissioner Reyes: I move it.
City of Miami Page 87 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: There's a motion. Is there a second?
Commissioner Hardemon: And second it.
Chair Russell: Seconded by Commissioner Hardemon. Is there any further
discussion?
Victoria Mendez (City Attorney): May I read the title?
Chair Russell: Please.
The Ordinance was read by title into the public record by the City Attorney.
Chair Russell: Thank you. There's been a motion and a second. Any further
discussion? All in favor of the item, say "aye."
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes.
Unidentified Speaker: Thanks.
Nicole N. Ewan (Assistant City Clerk): As amended.
Chair Russell: As amended. Second reading on April 25?
Ms. Mendez: Is that--?
Commissioner Hardemon: It doesn't matter. That's fine. If that's what you'd like?
Yes, that's fine.
Ms. Mendez: April 25.
Chair Russell: Great job, Manny. Good job.
END OF FIRST READING ORDINANCE
City of Miami Page 88 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
AC - ATTORNEY-CLIENT SESSION
ACA ATTORNEY-CLIENT SESSION
5713 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE
Attorney CONDUCTED AT THE APRIL 11, 2019 MIAMI CITY COMMISSION
MEETING. THE PERSON CHAIRING THE CITY OF MIAMI
COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION CASE OF 1000 BRICKELL, LTD.,
F/K/A 1000 BRICKELL, INC., AND KAI PROPERTIES, LTD. V. CITY
OF MIAMI, CASE NO. 14-11755 CA 23, PENDING IN THE CIRCUIT
COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS
PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL
BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY
SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS
PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 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 KEN RUSSELL, VICE-CHAIRMAN WIFREDO "WILLY"
GORT, AND COMMISSIONERS JOE CAROLLO, MANOLO REYES,
AND KEON HARDEMON; CITY MANAGER EMILIO T. GONZALEZ;
CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY
ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; AND
DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A.
GREEN. A CERTIFIED COURT REPORTER WILL BE PRESENT
TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND
THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE
CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION.
AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION,
THE REGULAR COMMISSION MEETING WILL BE REOPENED
AND THE PERSON CHAIRING THE COMMISSION MEETING WILL
ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT
SESSION.
RESULT: DISCUSSED
Chair Russell: Good afternoon. Calling our meeting back to order for the afternoon
session. For those of you who were here this morning, I apologize; we didn't get
much business done, but we covered a lot of topics. We're going to take the next half
hour or so in a shade meeting upstairs. That's where the Commissioners work
together on legal matters. And then we'll continue the public meeting here at 3 p.m.,
with our time certain item with regard to the Maurice Ferre Park; then we'll be
taking up the Ultra item, as well as our entire rest of our agenda. So it's going to be
one of those days. The City Attorney has to read an item into the record.
Citv ofMiami Page 89 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. On March 28,
2019, under the provisions of Section 286.011(8) Florida Statutes, the City Attorney
requested that the City Commission meet in private to discuss the pending litigation
in the matter of 1000 Brickell, Limited, formerly known as 1000 Brickell, Inc. and
Kai Properties, Limited versus the City of Miami, Case Number 14-11755 CA 23,
pending in the Circuit Court of Eleventh Judicial Circuit, in and for Miami -Dade
County, to which the City is presently a party. The subject of the meeting will be
confined to settlement negotiations, strategy sessions related to litigation
expenditures. The City Commission approved the request, and will now, at
approximately 2:35 p.m., commence a private attorney-client session under the
parameters of Section 286.011(8) Florida Statutes. The private attorney-client
session will be -- conclude approximately one hour later. The session will be
attended by the members of the City Commission, which include Chairman Ken
Russell, Vice Chairman Wifredo "Willy" Gort, and Commissioners Joe Carollo,
Manolo Reyes, and Keon Hardemon; City Manager Emilio Gonzdlez; the City
Attorney, Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min;
Division Chief for General Litigation Christopher Green. 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 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. Thank you, Mr. Chairman.
Chair Russell: Thank you, Barnaby. You're good at that. You could either be an
auctioneer or you could read the disclaimer on medical commercials.
Mr. Min: I always have to prepare for the worst.
Chair Russell: Aside hustle is ready for you. Thank you all for your patience and
your involvement and your advocacy. We'll be back soon.
Later...
Chair Russell: Good afternoon, and welcome back to City Commission. Madam
City Attorney.
Victoria Mendez (City Attorney): Yes. Chairman, have we closed our attorney-
client session?
Chair Russell: Yes, we have.
END OF ATTORNEY-CLIENT SESSION
City of Miami Page 90 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
BC - BOARDS AND COMMITTEES
BCA RESOLUTION
5544 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR
Cierk TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Ken Russell
Commissioner Manolo Reyes
Commissioner Keon Hardemon
RESULT: NO ACTION TAKEN
Citv ofMiami Page 91 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
BC.2
5545
Office of the City
Cierk
BC.3
5654
Office of the City
Cierk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Keon Hardemon
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR
A TERM AS DESIGNATED HEREIN.
APPOINTEE:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Keon Hardemon
J
Citv ofMiami Page 92 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
BCA
5441
Office of the City
Cierk
BC.5
5689
Office of the City
Cierk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE
FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT:
oCen� 1 ITIP1d1
NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Keon Hardemon
City Manager Emilio T. Gonzalez
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE CODE COMPLIANCE TASK FORCE FOR A
TERM AS DESIGNATED HEREIN.
A 00nInITCC-
Antonio Gonzalez -Sanchez
ENACTMENT NUMBER: R-19-0149
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Joe Carollo, Commissioner
SECONDER:
Ken Russell, Commissioner
AYES:
Russell, Gort, Carollo, Reyes, Hardemon
Chair Russell: Boards and committees, please.
NOMINATED BY:
Commissioner Wifredo (Willy) Gort
Nicole N. Ewan (Assistant City Clerk): Good evening, Chair and Commissioners.
BCS, Code Compliance Task Force: Commissioner Gort will he reappointing
Antonio San -- Gonzalez -Sanchez.
Commissioner Carollo: Which one?
Citv ofMiami Page 93 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Ms. Ewan: Code Compliance Task Force.
Commissioner Carollo: Okay. The --
Vice Chair Gort: The Task Force.
Commissioner Carollo: Oh, the Task Force.
Ms. Ewan: Yes, the Task Force.
Commissioner Carollo: Oh, okay.
Ms. Ewan: And Commissioner Gort will be appointing Antonio Gonzalez -Sanchez.
Commissioner Carollo: He'll be appointing?
Ms. Ewan: Yes; appointing to his seat.
Commissioner Carollo: Okay. I will bring my two -- Do we have to approve those
appointments, or can we just give them to the Clerk, or --?
Commissioner Hardemon: (UNINTELLIGIBLE)
Ms. Ewan: It can be given directly to us.
Commissioner Carollo: Okay. I'll give you mine directly; yours and mine.
Commissioner Reyes: My appointment was not a resident of the City of Miami, so I
have to bring in another appointment.
Commissioner Carollo: Yeah.
Commissioner Reyes: And I will bring it next Commission meeting. But I want to
reappoint Alyson Warren for the Commission on Status of Women.
Ms. Ewan: Okay. I'll bring that up when that item is. This is for the Code
Compliance Task Force.
Commissioner Reyes: Oh, Code Compliance.
Ms. Ewan: So Commissioner Carollo, and just to clam --
Commissioner Reyes: I just want to get out of here.
Ms. Ewan: -- that -- those appointments, your names will still need to be confirmed
by the Commission.
Commissioner Carollo: Yeah. Okay. Oh, they do need to be confirmed.
Ms. Ewan: Yes.
Commissioner Carollo: Okay. Well, I'll give them to you, and then we'll bring them
back.
Ms. Ewan: Not a problem. We generally place these items on the first agenda of the
month.
City of Miami Page 94 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: Yeah, okay. Thank you.
Ms. Ewan: You're welcome.
Commissioner Carollo: Unfortunately --
Chair Russell: Thank you. Is there --
Commissioner Carollo: -- the two people that I thought, they both have sick
relatives, so they weren't able to serve, and I'll get two others.
Chair Russell: -- a motion on the Task Force, please?
Commissioner Carollo: Its a motion.
Chair Russell: Is there a second? Seconded by the Chair. All in favor, say, "aye. "
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes.
BC.6 RESOLUTION
5196 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
Office of the City INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS
Cierk DESIGNATED HEREIN.
APPOINTEE:
Shaun Spector
ENACTMENT NUMBER: R-19-0151
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Joe Carollo, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Russell, Gort, Carollo, Reyes, Hardemon
NOMINATED BY:
Commission -At -Large
Nicole N. Ewan (Assistant City Clerk): BC.6, Code Enforcement Board:
Commissioner Carollo will be appointing Shaun Spector, and that's to an at -large
vacantseat.
Commissioner Carollo: So move.
Chair Russell: It's been moved --
Commissioner Reyes: Second.
City of Miami Page 95 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: --and seconded. All in favor, say, "aye."
The Commission (Collectively): Aye.
Chair Russell: Motion passes.
13C.7 RESOLUTION
5655 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
Office of the City INDIVIDUAL AS A MEMBER OF THE COMMERCIAL SOLID WASTE MANAGEMENT
Cierk ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Keon Hardemon Commission -At -Large
ENACTMENT NUMBER: R-19-0152
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Nicole N. Ewan (Assistant City Clerk): BC. 7, Commercial Solid Waste Management
Advisory Committee: Commissioner Hardemon is currently sitting on that
committee. There is a Commission at -large seat, and he's requesting reappointment.
Commissioner Carollo: Move.
Commissioner Reyes: Second.
Chair Russell: It's been moved and seconded. All in favor, say, "aye. "
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes.
City of Miami Page 96 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
BC.8
5547
Office of the City
Cierk
BC.9
5548
Office of the City
Cierk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Wifredo (Willy) Gort
Commissioner Ken Russell
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Keon Hardemon
Commissioner Keon Hardemon
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN
FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE:
Allyson Warren
ENACTMENT NUMBER: R-19-0153
NOMINATED BY:
Commissioner Manolo Reyes
Citv ofMiami Page 97 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Joe Carollo, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record. A motion was made by Commissioner Carollo, seconded by
Commissioner Reyes, and was passed unanimously, to appoint Allyson Warren as a
member of the Commission on the Status of Women; further waiving the term limits
of Section 2-885(b) by a unanimous (S/S) vote of the members of the City
Commission, as it relates to Allyson Warren as a member of the Commission on the
Status of Women.
Nicole N. Ewan (Assistant City Clerk): For BC.9, Commission on the Status of
Women: Commissioner Reyes would like to reappoint Allyson Warren.
Commissioner Carollo: Move.
Commissioner Reyes: Yes.
Commissioner Carollo: Move.
Chair Russell: There's been a motion --
Commissioner Reyes: Second.
Chair Russell: -- and a second. All in favor, say, "aye. "
The Commission (Collectively): Aye.
Chair Russell: Motion passes.
Ms. Ewan: And Commission, that does require a 515 term waiver for Allyson
Warren. I believe Commissioner Gort is here.
Commissioner Carollo: So move.
Commissioner Reyes: Second.
Commissioner Carollo: So move.
Commissioner Reyes: Second.
Chair Russell: Again, all in favor, say, "aye. if
The Commission (Collectively): Aye.
Chair Russell: Any opposed? Motion passes.
City of Miami Page 98 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
BC.10 RESOLUTION
5198 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS
Cierk AS DESIGNATED HEREIN.
APPOINTEES:
(Voting Member)
(Post -Secondary Education
Representative)
(School District Representative)
(Children's Trust Representative)
(Ex -Officio Non -Voting Member)
(Ex -Officio Non -Voting Youth
Member)
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Manolo Reyes
Commissioner Keon Hardemon
City Manager Emilio T. Gonzalez
City Manager Emilio T. Gonzalez
City Manager Emilio T.
Gonzalez
City Manager Emilio T.
Gonzalez
City Manager Emilio T.
Gonzalez
City Manager Emilio T.
Gonzalez
Citv ofMiami Page 99 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
BC.11 RESOLUTION
3855 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD
Cierk FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Commissioner Wifredo (Willy) Gort
Commissioner Wifredo (Willy) Gort
Commissioner Ken Russell
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Keon Hardemon
Commissioner Keon Hardemon
IAFF
FOP
AFSCME 1907
AFSCME 871
RESULT: NO ACTION TAKEN
Citv ofMiami Page 100 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
BC.12 RESOLUTION
5662 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS
Cierk DESIGNATED HEREIN.
BC.13
1599
Office of the City
Cierk
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Keon Hardemon
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Citv ofMiami Page 101 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
BC.14
5451
Office of the City
Cierk
BC.15
5199
Office of the City
Cierk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR
TERMS AS DESIGNATED HEREIN.
RESULT:
RESOLUTION
APPOINTEES: NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Keon Hardemon
Commission -At -Large
NO ACTION TAKEN
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE MIAMI FOREVER BOND PROGRAM CITIZENS'
OVERSIGHT BOARD FOR A TERM AS DESIGNATED HEREIN.
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Keon Hardemon
Citv ofMiami Page 102 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
BC.16
5039
Office of the City
Cierk
BC.17
5452
Office of the City
Cierk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN
COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
(Youth Member)
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Keon Hardemon
Commissioner Keon Hardemon
Commissioner Keon Hardemon
Commissioner Keon Hardemon
Commissioner Keon Hardemon
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD
FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Keon Hardemon
City Manager Emilio T.
Gonzalez
City Manager Emilio T.
Gonzalez
City Manager Emilio T.
Gonzalez
City Manager Emilio T.
Gonzalez
Citv ofMiami Page 103 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
BC.18
5690
Office of the City
Clerk
BC.19
5346
Office of the City
Clerk
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE PATRICIA AND PHILLIP FROST MUSEUM OF
SCIENCE BOARD OF TRUSTEES FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE:
Joseph Falk
ENACTMENT NUMBER: R-19-0154
NOMINATED BY -
Commission -At -Large
Nicole N. Ewan (Assistant City Clerk): BC. 18, Patricia and Philip Frost Museum of
Science Board of Trustees: Chair Russell is requesting reappointment of Joseph
Falk to an at -large seat.
Chair Russell: Is there a motion?
Commissioner Carollo: Move.
Commissioner Reyes: Second.
Chair Russell: It's been moved; seconded by the Chair. All in favor, say, "aye. "
The Commission (Collectively): Aye.
Chair Russell: Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE SEA LEVEL RISE COMMITTEE FOR A TERM AS
DESIGNATED HEREIN.
APPOINTEE:
NOMINATED BY:
City Manager Emilio T. Gonzalez
City of Miami Page 104 Printed on 06/11/2019
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Joe Carollo, Commissioner
SECONDER:
Ken Russell, Commissioner
AYES:
Russell, Gort, Carollo, Reyes, Hardemon
Nicole N. Ewan (Assistant City Clerk): BC. 18, Patricia and Philip Frost Museum of
Science Board of Trustees: Chair Russell is requesting reappointment of Joseph
Falk to an at -large seat.
Chair Russell: Is there a motion?
Commissioner Carollo: Move.
Commissioner Reyes: Second.
Chair Russell: It's been moved; seconded by the Chair. All in favor, say, "aye. "
The Commission (Collectively): Aye.
Chair Russell: Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE SEA LEVEL RISE COMMITTEE FOR A TERM AS
DESIGNATED HEREIN.
APPOINTEE:
NOMINATED BY:
City Manager Emilio T. Gonzalez
City of Miami Page 104 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
BC.20
5043
Office of the City
Clerk
RESULT:
RESOLUTION
NO ACTION TAKEN
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE SENIOR CITIZENS' ADVISORY BOARD FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
[RESULT -
NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Keon Hardemon
Note for the Record. For minutes referencing Item BC.20, please see "Public
Comment Period for Regular Items. "
Citv ofMiami Page 105 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
BC.21 RESOLUTION
3693 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME
Cierk COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
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
BC.22 RESOLUTION
5453 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD
Cierk (UDRB) FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Commissioner Wifredo (Willy) Gort
Commissioner Ken Russell
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Keon Hardemon
Commissioner Keon Hardemon
Citv ofMiami Page 106 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
BC.23
5201
Office of the City
Clerk
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM
AS DESIGNATED HEREIN.
APPOINTEE:
Peter Ehrlich
ENACTMENT NUMBER: R-19-0155
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Joe Carollo, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Russell, Gort, Carollo, Reyes, Hardemon
NOMINATED BY:
Urban Environment League of
Greater Miami
Nicole N. Ewan (Assistant City Clerk): And BC 23, Virginia Key Advisory Board.-
Urban
oard:Urban Environment League of Greater Miami is requesting confirmation for the
reappointment ofPeter Ehrlich to that board.
Commissioner Carollo: Move.
Commissioner Reyes: Second.
Chair Russell: Been moved and seconded. All in favor; say, "aye. "
The Commission (Collectively): Aye.
Chair Russell: Motion passes.
Ms. Ewan: Thank you, Commissioner. We'll wait for confirmation regarding the
residency waiver.
Commissioner Carollo: Thank you.
Victoria Mendez (City Attorney): We're researching that really quick.
City of Miami Page 107 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
BC.24 RESOLUTION
5550 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR
Cierk TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Mayor Francis Suarez
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Keon Hardemon
RESULT: NO ACTION TAKEN
BC.25 RESOLUTION
5551 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the City INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR
Cierk TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Ken Russell
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Keon Hardemon
Commissioner Keon Hardemon
RESULT: NO ACTION TAKEN
END OF BOARDS AND COMMITTEES
Citv ofMiami Page 108 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
DI - DISCUSSION ITEMS
DIA DISCUSSION ITEM
5490 A DISCUSSION REGARDING THE CITY MANAGER.
Commissioners
and Mayor
MOTION TO:
Defer
RESULT:
DEFERRED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Joe Carollo, Commissioner
AYES:
Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record. Item DLI was deferred to the April 25, 2019, Planning and
Zoning Commission Meeting.
For minutes referencing Item DI 1, please see Item D3.1.
D1.2 DISCUSSION ITEM
5730 A DISCUSSION ON THE PROCESS TO PROCURE CONTRACTS
Commissioners AND HOW THE CITY CAN SPEED UP THE PROCESS FOR
and Mayor PROCUREMENTS CONTRACT PROCESSING AND PERMITTING.
MOTION TO:
Withdraw
RESULT:
WITHDRAWN
MOVER:
Joe Carollo, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record. For minutes referencing Item D1.2, please see "Order of the
Day."
D1.3 DISCUSSION ITEM
5736 A DISCUSSION REGARDING ULTRA.
Commissioners
and Mayor
RESULT: DISCUSSED
Note for the Record. For directive referencing D1.3, please see Item NA.4.
For minutes referencing Item DL 3, please see "Public Comment Period for Regular
Items. "
Chair Russell: And we have a visit from another Mayor. Mr. Davey.
Mayor Michael Davey: Thank you, Chair, Vice Chair, Commissioners, Mr. Mayor,
Mr. Manager. Mike Davey; I am the Mayor of Key Biscayne. And respectfully, I'm
City of Miami Page 109 Printed on 0611112019
City Commission Meeting Minutes April 11, 2019
here to request that Ultra's license not be renewed; that we move the event off of
Virginia Key. It's just not the right place for this event. The 50, 000 people going on
and off, it doesn't work. We saw on Friday night their MOT (mode of
transportation), which had been submitted and amended six times; went right out the
window. But for the efforts of your Public Safety officials and the County's, we could
have had a real catastrophe on our hands Friday night, and then Saturday, when
lanes had to be closed to allow people to exit the event. This can't go forward. As
for the Village of Key Biscayne, our businesses were detrimentally impacted, and I
want you to remember that those businesses are owned by your residents. The
employees are your residents, and they were impacted by this. And so, what we're
asking is that you find another spot. Commissioner Carollo was one of the folks who
moved it out of the downtown, and I understand the concerns that you had. We have
similar concerns. This event --nothing against the people at Ultra. They did what
they could do, but this is not the right spot for that event. It's too big for an island
that has one way on and one way off. I just want you to take that under advisement.
I know there's going to be a discussion today, and we have 60 days to go over this. If
you want me to come back, I'm happy to. I'd rather be coming back on issues that we
can work together on. You know, we're your neighbors. And I do appreciate the
time that each of you has given to me to meet, but we have to-- this just isn't the right
place. And again, I want to thank the Manager for your Public Safety folks; they
helped. And the organization that you did, they really did protect your residents and
ours, so thank you, but we can't risk this again, so.
Mayor Francis Suarez: Mr. Chair, if I may?
Chair Russell: Mr. Mayor.
Mayor Suarez: First of all, I want to thank the Mayor for coming. He's been really
a breath of fresh air since he was elected in Key Biscayne. He is very easy to work
with; you know, have a great Council -- a new Council and Manager. I called him
after the event, because I imagined that there was a significant amount of
consternation on the island. I did receive emails from island residents relative to the
problems that they faced. We've always wanted to be a good neighbor. We want to
be a good neighbor during the boat show, and I think we demonstrated a capability
of doing that with the boat show. I think -- and I want to talk a little bit more about
it in my Mayor -- what we call, "The Mayor's Message. " But I think there are and
there were some significant challenges that were different from the boat show, in
magnitude, and things that also affected our residents. So it's not just something that
affected Key Biscayne residents. Without getting into the points of my Mayor's
Message, I just want you to know that we are a government that cares for our
neighbors. We're not going to forget about the fact that, you know, depending on
what this Commission wants to do, whether they want to keep the event or not keep
the event, our emphasis will always be to put any event that we have in the City of
Miami not being a detriment to our neighbors, to the extent that we can control it.
And so, you have my commitment on that. I'll work with this Commission, you know,
on the particulars of this event, and certainly work with you. I want to thank you for
your first responders, because your first responders were actually also at our
Command Center --
Mayor Davey: That's right.
Mayor Suarez: --and they did a phenomenal job. It's the first time we've ever had a
Command Center at an event. And I will echo your sentiments that our first
responders were magnificent with yours; and the coordination, to the best extent
possible, given the circumstances, were to the best of, you know, their abilities and
their skill, which was at a very high level. So I want to thank you for your
cooperation in trying to minimize the impact on the island.
City of Miami Page 110 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Mayor Davey: Thank you.
Chair Russell: Mr. Manager.
Emilio T. Gonzalez (City Manager): Sir, I would be remiss if I didn't thank your City
Manager, Andrea Agha. We worked side by side on this. We were in constant
communication during the event. And we have a great working relationship and a
great personal relationship, and we look forward to continue to work together on
things that affect both our communities.
Mayor Davey: I appreciate that. And I do -- I have conveyed our appreciation to
our folks. I don't want to seem that I've excluded them. I also want to point out, I
have two Council Members with me; Katie Petros and Ignacio Segurola, who are --
we're together on this. And we just want to convey to you all that we just don't feel
Ultra belongs on that island. Again, last weekend, thinking about the State park and
the County park, which your residents use, our residents use, they were down below
50 percent usage on that weekend, and I think that's a shame. Those are valuable
assets to all of us in this County and this State. So please take these things -- thank
you very much for that support -- into consideration when you're deliberating on
this, and thank you again.
Chair Russell: Thank you, Mr. Mayor.
Vice Chair Gort: Thank you.
Commissioner Carollo: If I can, I -- since I have the Mayor here, and he's been so
gracious to come to us today, I'd like to ask you a few questions, Mr. Mayor.
Mayor Davey: Certainly.
Commissioner Carollo: Besides the traffic problem that you expressed -- and I'm
sure you can go into it deeper than what you told us in a few minutes -- what other
problems did Ultra cause? Did you hear any of the music all the way to Key
Biscayne or not?
Mayor Davey: I think the music, to be fair to Ultra, was de minimis on the island.
You know, we had a few residents who complained about sound checks on
Wednesday. I was gone, until -- I came back Friday, so I could be on the island for
the event. But Wednesdays sound check, I guess, and Thursday's sound check were
heard, but the sound was not an issue. We did expend approximately $100, 000 in
overtime, because we wanted to make sure we were staffed. Look, we staffed this --
essentially, we went at this the same way we went at Irma. We wanted to be
prepared in the event there was some cataclysmic event --
Commissioner Carollo: Right.
Mayor Davey: -- on Virginia Key, because again, the bridges go out. If we can't get
off the Island that way, we're stuck. So that was really the biggest expense we had.
Our residents were tremendous in how they adapted to the situation. A lot of them
took off for the weekend. They adapted their schedules coming on and off. Again,
people who owned businesses in the City of Miami adapted on Friday to either get
back early or stay late. And our people stayed on the Island. We had a "Stay and
Play" event that the Village Manager put together with our Parks and Recreation
Department, our Chamber of Commerce that went over very well with our residents.
So we deal out on the Island. We know where we are. People handled it, but we did
incur expenses, and it was -- we were fortunate; we didn't have any major public
City of Miami Page 111 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
safety events on the Key that had to handle, because again, we have cooperation
with the City of Miami and the County, but we were fortunate in that regard on the
weekend.
Commissioner Carollo: Well, thank God for that. But obviously, if you take sound
away from one area, it's going to go somewhere else.
Mayor Davey: Correct.
Commissioner Carollo: And this is what I experienced in downtown Miami in
Bayfront Park.
Mayor Davey: Right.
Commissioner Carollo: They took sound at the lower level, but then it shot up
towards the condominiums; and by then, diverting the sound away from Key
Biscayne, it went into Fisher Isle and it went into Brickell Avenue, because I got here
probably 20 or more complaints, and numerous came from Brickell Avenue --
Vice Chair Gort: Right.
Commissioner Carollo: -- including one teacher that couldn't sleep; stated that her
windows -- the apartment kept vibrating. You know, how is she going to explain to
her students the next day that she couldn't function, because she had not had any
sleep?
Mayor Davey: Right.
Commissioner Carollo: And this is what I brought up when we voted upon this; that
even though they gave us all kinds of guarantees that they would control it, that I
was very suspicious that they truly could control it; and particularly, when I said
that it would carry more in the water, and I was told that was not the case, but I felt
differently. And, you know, when you have at least 20 or more people that are
complaining to you, you know that it's a huge amount ofpeople that were affected by
this, because, you know, for the most part, most people don't actually send an email
or complain to a government, or they don't even know how to complain to a
government, especially during the days that it's happening that were weekend days
ora holiday. On the traffic side, which were the hours that were the worst for you?
And can you go into that a little deeper --
Mayor Davey: Well --
Commissioner Carollo: -- so I could understand it better?
Mayor Davey: --Friday night, it was later. I think I came back on the island in the
afternoon, and I was delayed a little bit, but frankly, it wasn't that much. I know
Saturday night, it was taking people -- what's normally a 10 -minute ride was about
an hour to an hour and a half, if I'm not mistaken, coming off the Key; Sunday was
similar, and then getting back on was also an issue.
Commissioner Carollo: Did you observe or were -- did your people describe to you,
like crowds we had on the sides of the Rickenbacker, ifpeople -- a lot ofpeople were
walking through it; when they were, if it was being done in a safely way, or were
they getting to the lanes or --?
City of Miami Page 112 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Mayor Davey: Well, I think what happened on Friday night -- and I wasn't awake --
but the Friday night issue was they came over the causeway. They came back onto
Brickell because they couldn't wait for the buses.
Commissioner Carollo: Yeah.
Mayor Davey: And so, there was a stream of people. And again, it was fortunate
that we had County and City Public Safety, and our Public Safety there, as well, to
manage that and make sure they were able to exit the island safely, but again, it was
-- from what I understand, it was quite a crowd coming onto Brickell, and the
Brickell residents certainly weren't happy about that, but --
Commissioner Carollo: Mr. Chairman, I know that this is an item that we have later
Chair Russell: We do.
Commissioner Carollo: -- but I don't know if you just want to go ahead and hear it
now. I don't know if there are people that are going to be coming for it later or not.
Chair Russell: We have public comment still yet to go, so I'd like to hold this at least
for that, so we could hear --
Commissioner Carollo: Okay.
Chair Russell: --public comment from everybody on the item.
Commissioner Carollo: All right. Well, I know that you all have a very busy
schedule --
Mayor Davey: Right.
Commissioner Carollo: --but if it's all possible, I would appreciate if you could be
here to express your feelings and what you either observed or what your
professionals that worked with Key Biscayne told you they observed.
Mayor Davey: Happy to do so.
Commissioner Carollo: Thank you.
Mayor Davey: Thankyou, Commissioner.
Chair Russell: Thank you very much.
Mayor Davey: Thank you, Chair.
Later...
Chair Russell: All right. DI. 3, please; Ultra Music Festival.
Commissioner Reyes: DI.37
Chair Russell: This is Commissioner Carollo's discussion item.
Commissioner Carollo: Yes.
City of Miami Page 113 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: We could cut to the chase and see if there's a motion before approval
or denial of the renewal.
Commissioner Carollo: We could, but I think we should be as democratic as we can,
and try to get some questions answered. Well, you know what? This might be a
good time.
Chair Russell: No, I definitely want representation of the body for a discussion like
this, but (UNINTELLIGIBLE).
Commissioner Carollo: Mr. Manager, there were some statements made earlier
today that two individuals had either voluntarily or had been pushed -- I don't know
which was the case -- but the two individuals had jumped from one of the bridges
into the water. I think you had stepped out when that came out, and your assistant
said he would have that information for us, to ascertain if it's accurate or not.
Assistant Chief Manny Morales: Good afternoon, Commissioners. Manny Morales,
Assistant Chief of Police, Field Operations. Commissioner, I know we had some
questions in reference to the individuals that were allegedly into the -- went into the
water during the Ultra. Looking at our log from our command post, it's noted that
on Friday, at around 8 p.m., we had reports of one individual near the water taxi
back area, that end of the water. Units responded. They were able to get him out of
the water. He was intoxicated and combative. It appears that he was the one that
actually jumped into the water.
Commissioner Carollo: Okay.
Assistant Chief Morales: And on --
Chair Russell: But it wasn't from a bridge; he was at the water taxi station?
Assistant Chief Morales: Correct, correct.
Commissioner Carollo: Okay.
Assistant Chief Morales: And then, we had a subsequent incident on Saturday;
actually, early Sunday morning, at 12:38 a.m., where we had reports of a jumper off
of the Rickenbacker. Units responded. They were able to make contact with an
individual who was subsequently arrested for attempting to trespass into the event,
so he went around the bridge, jumped into the water, swam around Whiskey Joe's, in
an attempt to gain entry into the event.
Commissioner Carollo: Okay. So he did jump --
Assistant Chief Morales: Correct.
Commissioner Carollo: -- from the bridge.
Assistant Chief Morales: So, voluntarily, as an attempt to evade paying and getting
into the event for free. Those were the two reports that we had of water -borne
incidents.
Commissioner Carollo: All right. Okay.
Commissioner Reyes: We used to jump off those bridges.
Commissioner Carollo: All right. What -- since you're up here --
City of Miami Page 114 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Assistant Chief Morales: Yes, sir.
Commissioner Carollo: -- what additional problems did we have in the concert from
a law enforcement point of view? Did we have any arrest; did we not? What law
enforcement problems did you run into where you had to take action in any way,
shape, or form?
Assistant Chief Morales: Well, Commissioner, like -- any large event in the City
does bring its own issues --
Commissioner Carollo: Sure. Well, that's true. I mean --
Assistant Chief Morales: -- and challenges --
Commissioner Carollo: --yeah.
Assistant Chief Morales: -- to the Police Department.
Commissioner Carollo: I understand that, so I'm not questioning that any large
event -- you're correct -- will have some people that are going to be unruly and
misbehave.
Assistant Chief Morales: Absolutely.
Commissioner Carollo: But I'd just like to hear from you what did happen, if
anything, outside of these two that we heard, and I'm glad you clarified how they
happened.
Assistant Chief Morales: Well, considering that it was a new venue for this
particular event, and the challenges that we faced were due -- largely due to the fact
that we had already had a turnkey operation when it came to Bayfront Park, so we
had done the event there for many years, back to back, so we actually knew the
layout. We knew the areas that were supposed -- or we expected to be issues, so we
had contingency plans in effect.
Commissioner Carollo: Right.
Assistant Chief Morales: Being -- even though we've had other events at Marine
Stadium, none to this extent. We never experienced this volume, so we did have
some challenges when it came to that; most notably, when it came to the egress on
Friday night, being into Saturday, early morning. We had delayed -- Sir?
Emilio T. Gonzalez (City Manager): Excuse me. Sir, to your point directly, there
were 37 arrests.
Commissioner Carollo: Oh, that many?
Mr. Gonzalez: Yes, sir; throughout the weekend.
Assistant Chief Morales: And that's compared to 26 last year, and 36 the year
before that --
Commissioner Carollo: Yeah.
Assistant Chief Morales: -- even though there was an increase of 10, 000 additional
attendees this year.
City of Miami Page 115 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: Approximately -- that was my next question -- how many
people came per day, or combined for the three days?
Mr. Gonzalez: I'll have Mr. Martinez give you the more precise number than I can
offer.
Ray Martinez: Ray Martinez, with Ultra Music Festival. Commissioner, our
numbers -- and we're still finalizing them -- but we were around 165,000 to 170,000
over the three-day period.
Commissioner Carollo: 165 to 170?
Mr. Martinez: Yes, sir.
Commissioner Carollo: So it did increase from the year before?
Mr. Martinez: Yes, sir.
Commissioner Reyes: That's an average of over 50,000 individuals.
Mr. Martinez: Yeah, 50 plus, 55 range; yes, sir.
Commissioner Reyes: And last year, how many -- what was your average?
Mr. Martinez: Last year, we were capped at 55,000 total at Bayfront Park, and we
were a sellout, so those were our numbers.
Commissioner Reyes: Are you capping the attendance on Virginia Key?
Mr. Martinez: Capped at 60,000 this year.
Commissioner Reyes: 60?
Mr. Martinez: 60.
Commissioner Carollo: The arrests were for what, mainly?
Assistant Chief Morales: The vast majority were for attempted trespassing;
individuals without tickets trying to gain unlawful entry into the event; 26 were
misdemeanors; 11 felonies. The only notable felony that we had of mention was an
individual who was attempting to steal cell phones was confronted by the victims.
The offender subsequently pepper -sprayed some of the victims, so he was ultimately
charged with robbery.
Commissioner Carollo: Any for drugs, or not?
Assistant Chief Morales: We had --
Commissioner Hardemon: Drugs? Drugs?
Assistant Chief Morales: -- out of the 11 felonies, we had six narcotics arrests --
Commissioner Carollo: Okay.
Assistant Chief Morales: --for mainly possession with intent to sell.
City of Miami Page 116 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: Okay. What are some of the recommendations that you
could make of what could be improved, what was done wrong?
Assistant Chief Morales: So, Commissioner, we were fairly content with the way the
plan worked out inside the venue itself- the manner that our officers were deployed;
the way that we controlled and managed the stages, and the partygoers inside were
happy with the way it turned out. We had a notable issue Friday night when it came
out. The problem was compounded by the fact that we weren't able to get as many
buses into the shuttle areas when we had a push of partygoers that were leaving the
event. They started to lose patience as the event concluded at 2 a. in., and they all --
about 15 or 20,000 of them came out at once; even though we had a phenomenal
working relationship with Miami -Dade County Police, which was in charge of the
traffic pattern outside, there's no way that we had enough manpower on the scene to
control that egress at the same time.
Commissioner Carollo: Yeah.
Assistant Chief Morales: So the partygoers kind of crossed the causeway in an
attempt to get to the sidewalk, the south side of the causeway, so we can keep them
on the sidewalk, but that brought traffic on the causeway at a standstill, so it stopped
the buses. At that point, the plan kind of broke down a little bit.
Commissioner Reyes: Was that Friday?
Assistant Chief Morales: That was Friday night.
Commissioner Reyes: It was an improvement on Saturday?
Assistant Chief Morales: So what we did is at the event -- I was there that night until
4:30 in the morning. I brought in all the stakeholders, the Fire; Ultra, their security,
the transportation company, and we had a -- revamped the plan. So what we came
up with is to institute a counter flow, so traffic that was exiting the island at the end
of the event would be on the south side of the causeway, which is the entry lane, and
then we secured the two northernmost lanes of the westbound lane for pedestrians to
be able to get to the west side of the pile bridge, where we had made arrangements
with the bus company to have additional buses. So we contained most of the
pedestrians that were leaving the event inside the Key.
Mr. Gonzalez: If I may, sir? If I may add --
Chair Russell: Mr. Manager, certainly.
Mr. Gonzalez: -- one of the things that we also did was we noticed on Friday,
compounding our transportation challenges was the fact that the event ended at 2,
and at 2, everything stops, and now you have tens of thousands of people that all
want to leave at the same time. What we did then for Saturday as part of one of our
mitigating factors was I allowed them to stay open an hour later with one stage at a
much lower decibel so that folks would linger maybe a little bit longer so that that
whole mass doesn't go to the gate atone time. And the organizers for the following
two days -- because I was there all three days -- they had all the buses lined up
where they should have been so that anybody that wanted transportation back, they
could have transportation back. We had the counter flow lane, which added another
lane going back, and we created a pedestrian lane, because quite a few people
wanted to walk back, and this gave them an opportunity if it was a beautiful night. A
lot of people walked back over the bridge. So in total, day one was a learning
experience with crowd control, with traffic control. Day two and three went much
City of Miami Page 117 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
smoother, and I think -- and I'd like to commend our Police Department and our Fire
Department. They did a stand-up job under very trying circumstances.
Commissioner Carollo: They usually do in events like this, so I'm not questioning
that, whatsoever. I'm just trying to get information that they have.
Assistant Chief Morales: Absolutely.
Commissioner Carollo: Were you receiving at the time any of the calls that might
have been coming to the Police Department on complaints of any kind?
Assistant Chief Morales: We had -- in our unified command center, we did have
communication with our call center down at downtown, so any calls that came in
that were related to Ultra were immediately funneled up to us so we could handle it.
Commissioner Carollo: Which were the main type of calls that you were getting
complaints?
Assistant Chief Morales: Out of the 36, I believe 20 -something were for loud music.
Commissioner Carollo: When you say, "36, " was that over the three days or --?
Assistant Chief Morales: Correct.
Commissioner Carollo: Okay, because over that period, we've gotten 20 emails, so
it's -- I don't know if it's the same people or not, but we got quite a few from Fisher
Isle; we got quite a few from Brickell, and that's my biggest concern outside of the
problems that it caused for Key Biscayne, which, as we heard this morning, it's
considerable.
Assistant Chief Morales: I heard.
Commissioner Carollo: And this is not about them just wanting to control what we
do in that place or not. It's legitimate concerns; that even though they're not our
residents, we have to be good neighbors, also. But beyond that, my first priority is to
our own residents, and some of the emails that I've gotten from our own residents in
Brickell, it's very concerning. Fisher Isle, it's, you know, the same way, even though
they're Miami Beach residents. And what it tells me is that they really can't control,
at the end of the day, all the loudness. If they take it from one place, it's going to go
to another. And I remember when this was being discussed to get approval back
when last year, they assured us that they could control where the music would go,
and that it would not travel far in the water. Well, both weren't so. And I hate to
say, "I told you, " but if -- now that a lot of people realize in Fisher Isle and Brickell
just how loud it was from the emails we got, imagine what the people downtown
were going through for all these years. It's real. And this is something that no
matter what we're going to be promised every year, we're going to be going through
the same thing, and they'll tell us that, "Well, we're going to take care of it this way
or that way, " and, you know, truly, Chief, I think our residents deserve better than
that. And at the same time, I don't want to be the one that's sitting up here if we
approve this, and at least with my vote, someone ends up getting really hurt; or
worse yet, killed, because of the location where it's at. When you have people that,
to get into a concert, are willing to put their lives at risk, jumping in the water, like
you described to me, boy, that's pretty, you know, out of anything that I've heard
before. I mean, this is not trying to sneak through a fence anymore. These are
people that are hardcore, and they really don't have an appreciation for life. But at
the end of the day, we will be responsible for them, too.
City of Miami Page 118 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: Thank you, Commissioner Carollo. I -- there was a lot of talk this
morning about how lucky we were that there wasn't a major casualty or a major
injury. I think it's beyond luck or the grace of God. I really believe it's the good
planning of your department, the Chief and the Fire, as well, and the Administration;
the way they moved so quickly to adjust. And whether it's the luck or grace of God
that we have all of you, maybe that's where we should be thankful. But the risks still
exists, and it will exist every year. I'm with Commissioner Carollo on this one. As
good as an event it can be for Miami, I think we need a new location for it based on
some of the challenges that we face there; quality of life, noise. When I saw the first
design plans of the stage layout, I could not believe they were going to point the
main stage right at the City of Miami, and I already knew right at that point what
that would mean. They could have pointed it toward the ocean. But they had faith in
their sound engineers that it wouldn't travel like it did. If they never exceeded the
sound limits, then our sound limits were wrong; meaning, we should have had a
different limit for them.
Commissioner Reyes: Maybe we are not measuring the right way. But I -- let me
tell you, the -- if -- only two people jumped from the bridge out of 100 -- close to
160,000 people. I mean, I know it's only two people, but when Commissioner Gort
and I were young, we used to jump from those bridges only for fun. We used to jump
from those bridges and -- I mean, not now that you go to jail, but before, you know
everybody. I mean, the police go by and said, "hey," waved and all of that. But my
point is I expected to be some hiccups. I expected, and we expected, and we talked
about it when we were deciding to give them a two-year trial; a license for two year.
I was quite encouraged that it really improved from Friday to Saturday, from
Saturday to Sunday. And I want to hear the Administration, how they -- what is their
opinion on this, and if we should allow one more year. And do you believe that this
could be further improved, sir?
Mr. Gonzalez: Yes, sir. Thank you. Yes, I do. I think, in fact, we're already now
looking at some strategic ways to control the flow. One of the glaring things that
came out of this was that the vast majority of people came via vehicle, and I think we
need to explore using the water as a way to get people in and out in a much more
efficient manner. We did have water taxis now, but they were quite small. So when
you have a -- I'm sorry. When you have a crowd this big, a water taxi that maybe
has 30 or 40 people doesn't really put a dent in it. So these are the type of
operational things, sir, so that should this body allow us to proceed, we could sit
with them, look at lessons learned, look at ways to mitigate a lot of the things that the
Mayor mentioned earlier -- the base and so forth -- and every year make this a more
successful and safer event. I wasn't here then, but I have to assume that when we did
the first Ultra downtown, there were also some learning curves involved.
Commissioner Reyes: We even had a fatality here, you see.
Mr. Gonzalez: Yes, sir. So there were some learning curves there that we adjusted
to the point where, you know, two decades later, our Police and Fire Department
were on auto pilot. So we are looking operationally at how to make this safer. I
have gone on many times and said our priority was the safety --
Commissioner Reyes: Yes, sir.
Mr. Gonzalez: -- and security of the event -goers. Yes, there were traffic hiccups; we
expected it. Like any campaign, you have to adjust, and we adjusted well. We
worked very well with the event organizers. They took our advice. We every day got
progressively better. And I think that given the fact that this is the venue we have,
there is ample opportunity to do better every year as we go forward.
City of Miami Page 119 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Reyes: Sir, you mentioned water taxis, and, I mean, it's just a
question, because it comes to my mind that we're going to be dealing with the water
taxis at night, you see; particularly -- not when they're coming in; when they're
going out. Does that makes a difference or an additional danger?
Mr. Gonzalez: Yes, sir. I mean, anything you do at night is different. Going on a
boat at night, just recreationally, is --
Commissioner Reyes: That's right.
Mr. Gonzalez: -- dangerous. But again, these are some things -- obviously, the
event promoter would have to work in getting people that are experienced at this,
getting vessels that have the right capacity. Again, I'd like to be able to move out
hundreds of people at a time; not tens of people at a time. But I think the -- moving
forward, we now have two ways to get in and out of the island. Our Fire and Rescue
Department did an admirable job of making sure that there was a lane, an
emergency lane through Key Biscayne. We can always do better there. The counter -
flow traffic, we can do better, and we'll learn as years go by how to lessen the
burden, if you will, on our neighbors in Key Biscayne; how to make it a much
enjoyable experience for the event -goers --
Commissioner Reyes: Yes.
Mr. Gonzalez: -- and continue to concentrate on safety and security.
Commissioner Reyes: Another question, sir. Do you have an estimate, you see,
more or less, how many people could be moved by water that will not be moving by
buses or by cars?
Mr. Gonzalez: Sir, I don't have that number, but my working assumption is, is that
the numbers of people that were moved this year were miniscule compared to the
number ofpeople moved by vehicle. So again, that's something we would sit with the
event organizers, allow them to bring in larger vessels; vessels that could hold
maybe a couple hundred people. And once you bring in enough of those, now you're
putting a dent in the through put. So you've got folks exiting from both sides and
entering from both sides.
Commissioner Reyes: Another question, and it's going to be my last question, which
really concerns me. How about the time it ends, particularly on Sundays?
Everybody works Mondays.
Mr. Gonzalez: Sir, and that's something we also have discussed about perhaps
maybe the Sunday event ending earlier --
Commissioner Reyes: Ending early.
Mr. Gonzalez: -- because people do have to go to work. The good thing about the
hours of the event now is even in the worst scenario that we had on Friday, it
happened so late at night that they weren't obstructing a large number of vehicular
traffic. Traffic in and out of the Key at 2 or 3 in the morning is not as much as it
would be at 8 or 9 in the morning.
Commissioner Hardemon: They obstruct themselves.
Mr. Gonzalez: But, again, these are all -- Sir?
Commissioner Hardemon: They obstructed themselves.
City of Miami Page 120 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Mr. Gonzalez: Yes, sir.
Commissioner Reyes: That's right.
Mr. Gonzalez: But these are all operational things that our team will sit with the
organizers and go by the numbers, and look at lessons learned. We still have to look
at a lot of things. We need to go back out -- at least I intend to go back out and look
at environmental remediation.
Commissioner Reyes: I only have two question left. One is for the Police -- I mean,
for the Police and Fire, and you. Can this be improved, sir? I mean, be honest with
me that -- Can the traffic flow and the crowd control and all of that could be
improved?
Assistant Chief Morales: Absolutely. Absolutely, sir. With --
Commissioner Reyes: You have confidence in that?
Assistant Chief Morales: Absolutely, sir.
Commissioner Reyes: And it could run smoother?
Assistant Chief Morales: And -- listen. In full disclosure, there is a limit to what the
causeway can handle effectively.
Commissioner Reyes: Yes, sir.
Assistant Chief Morales: It can definitely be improved on what we had this year as
we apply the lessons that we learned; as we implement the tactics that we saw
worked, and we stay away from those things that didn't; having better
communication with the transportation team, the Ultra folks. It can definitely be
improved. We'll get to a point where it plateau. I would be remiss if I sit up here
and tell you that we could get to a point where there'll be no traffic. That's
unrealistic --
Commissioner Reyes: No, that's unrealistic.
Assistant Chief Morales: --when you're bringing in 60,OOOpeople and --
Commissioner Reyes: I mean, even --
Assistant Chief Morales: There'll be an impact (UNINTELLIGIBLE).
Commissioner Reyes: -- when a --
Assistant Chief Morales: Correct.
Commissioner Reyes: -- tennis tournament was there --
Assistant Chief Morales: Absolutely.
Commissioner Reyes: -- it was pandemonium to get in and out of that. Yeah, I know
that.
Assistant Chief Morales: But from being there all three days, I can tell you there
was a drastic improvement from Friday to Saturday to Sunday.
City of Miami Page 121 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Reyes: And another thing. What -- how was your relationship and --
I mean, with -- were you cord -- totally coordinated with Dade County Police?
Because are they -- they're the ones that control the road.
Assistant Chief Morales: Like Commissioner Carollo said, it's -- the best policy is to
be a good neighbor. We have an incredible working relationship --
Commissioner Reyes: Good.
Assistant Chief Morales: -- with not only Miami -Dade Police --
Commissioner Reyes: Can that be improved, too?
Assistant Chief Morales: -- but for -- but Key Biscayne, as well. They had
representatives in our unified command post, so they were aware of everything that
was happening. The estimates of the traffic tie-up were being relayed real time to
the representatives from the other agencies.
Commissioner Reyes: Before I make up my mind, I want -- City Manager, can this
be improved, in your professional experience?
Mr. Gonzalez: Sir, everything can be improved. And I'll also posit this: One of the
things that I'd like to see -- I'm not sure if it'll happen -- is we had a bifurcated
command and control as far as we own the venue, but our colleagues in the County
own the causeway. And moving forward, I would actually like to see us own
everything to improve command and control, and I've had that conversation with the
Chief.
Commissioner Reyes: With your Chief, but how about County? Is County going to
accept--?
Mr. Gonzalez: Sir, I'm just speaking aloud here. I have not --
Commissioner Reyes: Okay.
Mr. Gonzalez: -- brought that to -- I'm just saying --
Commissioner Reyes: You know what I mean.
Mr. Gonzalez: No. I think --
Assistant Chief Morales: I won't speak on their behalf.
Mr. Gonzalez: No. I --
Commissioner Reyes: No, no. You know what I mean. I mean they might not want -
Mr. Gonzalez: Sir, I think command --
Commissioner Reyes: -- to receive any orders from you.
Mr. Gonzalez: Sir, command and control works best when you have as few moving
parts as possible.
Commissioner Reyes: Okay.
City of Miami Page 122 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Mr. Gonzalez: And if we were to have the opportunity to own the traffic on the
causeway, as well as the traffic at the venue, I think that there would be some
efficiencies there that we could put our arms around.
Commissioner Carollo: How many officers did we have working off duty at the
event every night?
Assistant Chief Morales: 377 each night.
Commissioner Carollo: 377.
Assistant Chief Morales: And the County had an additional -- between 70 to 80.
Commissioner Carollo: How many?
Assistant Chief Morales: 70 to 80 (UNINTELLIGIBLE).
Commissioner Carollo: Okay, 70 to 80. But --
Commissioner Hardemon: Mr. Chairman?
Commissioner Carollo: -- I think it's going to be a real strain on us if we got to
provide another 80 officers every night.
Mr. Gonzalez: Sir, if I may, we also have police officers from other jurisdictions that
were supporting us. We had police officers from --that I saw --South Miami, from
North Miami, from Sweetwater --
Commissioner Carollo: Okay. So you brought them in --
Assistant Chief Morales: 60.
Commissioner Carollo: Yeah, because I was amazed that you could have so many of
our officers --
Mr. Gonzalez: Yes, sir.
Commissioner Carollo: -- working off duty at one time.
Chair Russell: Commissioner Hardemon.
Commissioner Carollo: Okay.
Commissioner Hardemon: The first thing I want to say is to the City of Miami staff,
the professionals. I'm talking to everyone from Parks, Police, Fire. There were so --
lawyers. I saw -- because I had an opportunity to go out there on Saturday, just to
see the space and how at the peak times, this thing was really -- what was really
happening there. And, I mean, I saw people from DREAM (Department of Real
Estate and Asset Management). I saw so many people that represent the City of
Miami that I truly believe if those folk did not believe that that was a successful event
that we would know it. This is one of those things where I watched our professional
people who support us here and who make this City run all hands on deck. And it
was an experience where --just besides from the event itself, just watching how they
managed the space and the people, and everything going on that was -- it was
marvelous. And so, first of all, I say thank you to all of you that made that happen,
because it's because of people like you that this thing moved smoothly. Second, I
City of Miami Page 123 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
wanted to say thank you to Ultra, because whatever narrative has been put in the
media, this was a tremendously successful event. When I look at just -- I want you to
compare and contrast how the City of Miami Beach treated just people who want to
go and enjoy the beach; who want to put a small radio next to them, and dance to it;
how humiliatingly [sic] the experience was for people who just want to spend time
on a public place that belongs to all of us, where you couldn't have an umbrella, a
book bag; you could not have a canopy, a chair. I mean, it was just -- and it still
continues to be a situation where the pride and just the opportunity for you to enjoy
your break is nonexistent, and I think that it's going to continue to get worse. And
so, you know, when police officers put on riot gear to intimidate a crowd where
there's no threat upon the police officer, it is a tremendous thing, and that should be
shocking to everyone. So when I -- what I saw there were professionals that treated
people with courtesy, and that can't go without being stated. When I -- the time that
I was there -- the way that I'm having this conversation with you now, I could have a
conversation like this in front of stages and in between stages. I can admit to you
that I was very confused about many of the noise complaints that I heard about,
because I could literally be -- For instance, the main stage, which I think everyone
assumes to be the monster of it all, maybe I'm 100 -- maybe 50 yards away from the
main stage and I could have a conversation like this. The decibel readings that I saw
that were in front of every single stage, they were on, they were being checked. I
could see them, I could see the numbers, and I could still have a conversation like
this, and I'm a stone's throw away from the stage. And some stages, I was right in
front of. And so, you step out from in front of it, and you could literally whisper in
someone's ear, and they could hear you. That's afar different experience that I've
had, even at events that I have myself at parks, in front of -- in the community, where
we're playing music, and you literally have to put the finger to someone's ear and
yell into their ear to be heard. And so, I don't know what sort of sorcery magic that
these people do with how they manage sound, but it was incredible. Now, I will say
that during times like this, music comes from everywhere. And so, when you hear
complaints about music, I think that there could be some error there; some human
error where we think that, you know, it's coming from here, but it's really not. You
know, I have a fireplace in my home, and that's the one place where sound gets into
my home. And I can hear people, you know, say, chatting or laughing, or walking by
the house, and I can't tell which direction they're coming from, but I know that
they're around. And so, I know that there were other venues that were playing music
that probably, you know, I'm fairly sure that did not invest as much money and
resources into ensuring that the sound did not travel, like Ultra did. So I'm saying
that to say that I watched a professional organization work with a professional city
and try to manage this thing the best that they could, and I'm proud of that, because
there was no -- there's nothing that we should be ashamed of that happened. I think
this is one of those things that people are going to talk about, just because, because
it's a hot -button issue. It sells newspapers. It makes the news. It is something where
they wish would fail. It's one of those, "I wish you fail. " It's like going to a Formula
One race. You wish they'd crash. It's just too boring just to watch the cars zip
around all day. Somebody has to crash. They don't want anyone -- no one wants to
get hurt, but I just -- it's just one of those things that I feel that people wish negativity
upon. But I will say that at the time that I was there, I was thoroughly impressed
with the level of sound, the level of professionalism, the amount of -- if you saw the
faces of the people that participated in this thing and how much fun that they were
having, and how smoothly they were transitioning from one space to the next, et
cetera, and the level of production that was highlighted there -- if we -- I think we
talk about -- and I'm sure this will be somewhere in the paper, criticizing about this.
We talked about how beautiful you've -- I've read how beautiful the Miami Open
was. I didn't have a chance to go; the one that was recently at the -- whatever they
call the stadium now. I think it's the Hard Rock Stadium. But I've never seen
anything put together quite like this. I've never seen a facility built with the level of
technology and sophistication quite like this. I've been to a number of events that
City of Miami Page 124 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
are smaller in nature, where you had the potential for more issues than what was
anticipated in this one, and what was controlled. And so, when I think about the fact
that I -- Look, I understand. If -- now, if I'm in downtown Miami and there's a
building right next to me, there's probably a difference in how they can control that
sound; there's only but so much you can do. I know sound travels, all those special
things that people said about it, but I think this -- Ultra, this year, took lemons and
they made lemonade, and I was impressed by it. And I always like to come back to --
this was -- I always like to come back to this is not the only music concert that occurs
on that island. And I know people want to talk about the number of people that were
there, and they talk about traff c ingress and egress, et cetera. I would imagine that
traffic ingressing [sic] and egressing into -- towards the -- our other neighboring
city is very low at 3 o'clock and 4 o'clock in the morning. And so, when I think about
the level of attention and detail that was put onto the -- besides traffic -- the sound. I
think the sound was the biggest thing that everyone was concerned about. I don't
even know if we put that much attention and detail into the sound of the other events
that occur on that island. I mean, I -- if anyone can tell me from the City of Miami
that they also have decibel readers and as many staff members and as concentration
that's put in those events and that we pay attention to the number of complaints that
come, and we are documenting those things, et cetera, it just doesn't happen. From
the very beginning, I said, "There's something odd about Ultra in the sense that we
pay a lot of special attention to it"; maybe because it's the -- and I'm going to say
this, because I saw the end of this on a television show yesterday -- or maybe early
this morning, because I was up late. Maybe this is the Studio 54, you know, but one-
time event a year of the United States ofAmerica and -- or at least in South Florida.
When I think about the level -- not the debauchery, not the drugs, not the -- you
know, all the things -- people arrested, all kinds of stuff like that -- but in the sense of
the desire to be a part of something special. And, you know, I didn't have the
opportunity to visit a place like Studio 54, but when I watched this documentary and
I look at the faces, what the people were doing and how much fun they were having,
et cetera, et cetera, it was euphoric. And somehow, this organization seemed to
bottle this thing up and put it into a few days' events in the City of Miami, amongst
some other places all over the world, and make it something that people could have
fun at, that people could enjoy themselves, that was not crime -ridden, that isn't
meant to deface our community, but it's really meant as an uplifting moment, and I
think that the City of Miami is a place where we have to learn to embrace those
things that make us who we are. We are not Miami Beach. And Miami Beach
doesn't need to be Miami Beach, because the only thing that makes Miami Beach
Miami Beach is the beach, and we own that beach. And so, when poor people all
over this world can't go to the beach for a reasonable cost and park their cars, and
outsiders are not allowed, that is not something that should be acceptable to
anybody living in Miami -Dade County, because we don't own the Beach. And so, if I
want to go to Miami Beach and I want to get in the water, or I want to sit out there
and enjoy myself, like they do on every other weekend, except that weekend, when
more people of color come, then we should be able to do it. And they have to find a
better way to police. Maybe they need to -- they need a class; sit down with the City
of Miami or something. We've had our dark days, but they're not ahead of us. And
so, I just think that what we should continue to do is find ways to make it work, if this
is something that's acceptable to all of us. But from the time that I was there, the
experience that I had, which was a few short hours, but they were critical -- in
critical moments, this was not some wild Prat party. This was a controlled event that
was mature, that was full of young people, where people had a good time. And as we
can see from the number of arrests, I mean, when you -- and trespassing is
trespassing, right? -- but the number of arrests and the seriousness of those arrests,
this was something that we should be proud of. And so, to close, I would like to say
once again, thank you for -- all of you for making this a successful event this year,
and it's something that we should be proud of. And don't let people try to stain our
brand in the City of Miami for something that did not happen. If they want to stain
City of Miami Page 125 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
anything, they need to stain what's going on on that beach and how people are being
treated, and how their rights are being violated. If the people want to talk about
something, they should talk about that, but Ultra is not one of them.
Chair Russell: Thank you, Commissioner.
Commissioner Carollo: Besides --
Chair Russell: Commissioner Carollo, would like to (UNINTELLIGIBLE)?
Commissioner Carollo: -- the police officers that you told me, about 377 that we
had in the venue, and about 70 or 80 doing traffic -- so I'm going to calculate it at
about 450 sworn officers -- how many security guards were therefor the event, Ray?
Mr. Martinez: Ray Martinez with Ultra again. We had about 550 security guards,
private security, each day, from five different companies.
Commissioner Carollo: 550?
Mr. Martinez: Yes, sir.
Commissioner Carollo: Okay. That makes it better, because normally, we should
strive to have three officers per thousand people; two and a half, you know, you
could live with, but once it starts falling a lot lower, it could be a problem. Now, a
security officer is not a police officer, but at least it's an addition. You're still way
below. You're one per thousand instead of three or even two and a half. But, you
know, you got 550 security officers that makes up somewhat, even though if this is to
go forward in the future, I would strongly recommend that the police presence be
increased, at least by 50 percent.
Assistant Chief Morales: So part of our after action, Commissioner, is to assess how
effective was the number of officers that we staffed the event with was in handling
whatever situations developed during the incident, so we'll target
(UNINTELLIGIBLE).
Commissioner Carollo: Did you ask for the sheets to know what songs were going to
be played and when they were going to be finished in a song?
Assistant Chief Morales: I know we had a list of the artists and the time that they
went.
Commissioner Carollo: How come I haven't gotten it? I put a public records for the
last two years plus. We have a five-day rule that we're supposed to get it within five
days, and I haven't gotten anything for any event.
Assistant Chief Morales: I can certainly find out. I'm --that is part of our operating
policy for --
Commissioner Carollo: Well, no, this is not your fault. You've been very, very
professional.
Assistant Chief Morales: Okay.
Commissioner Carollo: And I appreciate it. I sent that to the Manager a week and a
half ago or so, and what I got in response was not from the Manager; from some
department that we have of -- I don't know what it's called -- that they don't have
anything, that we should send it to the Police Department, and I sent it to you, so.
City of Miami Page 126 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: Commissioner Gort.
Vice Chair Gort: Are you finished? I want to ask a question of the Fire Department.
I understand, you know, this -- many allegations have been taking place of -- you're
talking an average of 50, 000 people a day; am I correct? About 50, 000 people.
Joseph Zahralban (Chief of Fire): Chairman and Commissioners --
Vice Chair Gort: What kind of an emergency -- how much of an emergency did we
have, and can you give me a breakdown of the causes?
Chief Zahralban: -- Joseph Zahralban, Fire Chief, Department of Fire Rescue.
Commissioner, if I understood your question, a call breakdown as far as what we
responded to?
Vice Chair Gort: Yes.
Chief Zahralban: Over the three-day period, we responded to 281 calls for service,
and the most prevalent calls were related to vomiting, syncope, overdoses, altered
mental status; things of that nature. I can give you a comprehensive breakdown,
because it is quite extensive for me to go through here at the dais.
Vice Chair Gort: You know, the reason I'm asking is we heard a lot of complaints
today from Key Biscayne, which I think is something we should address, also. Also,
people keep saying this is just an event with drug addicts or drugs takes place in a
large portion; that's why I'm asking these questions. How many overdose that you
had because of drugs and because of alcohol, or the different things that are taking
place in there?
Chief Zahralban: Well, Commissioner, it is true that the call volume that we receive
for Ultra has the greatest impact on our services, and moving it out to Virginia Key
did make it that much more challenging, which is why you saw such a robust
response plan from us. Now, what I can do is I can give you just some brief numbers
of, again, the most prevalent calls of the 281: Vomiting calls, 12; syncope and
collapse, 8; overdose, unintentional, 6; overdose, unknown, 15; overdose,
intentional, 11; injury of extremities, 6; altered mental status, 8; alcohol use, 13;
alcohol use, unspecified, 23. So those are some categories of the most prevalent
calls that we responded to, but in no way makes up the 281.
Vice Chair Gort: That was during the three days?
Chief Zahralban: Throughout the entire three days; yes, sir.
Mr. Gonzalez: If I may, Commissioner? Also, Chief, if you could address --just like
we brought in police officers from other jurisdictions, we brought in fire personnel.
Chief Zahralban: Well, what we did was we had approximately 200 firefighters
working the event, but we also worked closely with Miami -Dade County, as well as
our partners in the Village of Key Biscayne, because we do have a contract for
enhanced protection for them, as well, so we did staff and work closely together with
Key Biscayne, and Miami -Dade County did provide one rescue for us that
maintained -- helped us to maintain the causeway.
Vice Chair Gort: The biggest complaint that I received from just about everyone is
the -- what do you call? -- the bass; which, to me, that's -- drives me crazy. I used to
have my office in downtown Miami, and I left at -- I mean, gone that weekend. I
City of Miami Page 127 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
need to realize, also, the economic impact that this type of event takes place for the
Miami -Dade County; the amount of employees and people, and the benefit there is.
But I also understand the cry from the -- our neighbors from Key Biscayne; also,
from our neighbors in Brickell area and the Road area. Somehow, since I've been
here, I've been hearing how they're going to adapt their loudspeakers, how they're
going to process their sound so it would not bother individuals, but it's not taking
place. If you guys are going to continue and going to approve something like this, I
think you got to do something about that. I mean, they've been warned for the last
five years. And at the same time, I think the -- Key Biscayne needs to be considered.
I think they should be part of the plan.
Chair Russell: Thank you, Commissioner.
Commissioner Carollo: I do have some additional questions, Chief, if you could stay
up there.
Chief Zahralban: Yes, sir.
Commissioner Carollo: Did we have to use any of our on -duty personnel that they
were not paying for?
Chief Zahralban: No, sir, we did not. And actually, the reason, again, that you saw
such a robust plan developed was because we did have legitimate concern. We had
concern that the causeway would be closed off, and we wouldn't be able to get
resources in. So what we did was we developed multiple scenarios and determined
how many people we needed to protect and effectively respond to those scenarios --
Commissioner Carollo: Right.
Chief Zahralban: -- and we ensured that we had them in an off-duty capacity on-
site. So, no, we did not have to pull resources from the City.
Commissioner Carollo: That's good to hear, because I want to make sure that we
didn't spend any extra monies that --
Commissioner Reyes: Yeah.
Commissioner Carollo: -- we need to be reimbursed for. If I could ask the same
question to the Assistant Police Chief, do you know if we used any on -duty personnel
that were not paid for?
Assistant Chief Morales: We did incur some on -duty cost for overtime when it came
to the maintenance of the SWAT (Special Weapons and Tactics) Team after their on -
duty hours.
Commissioner Carollo: Okay.
Assistant Chief Morales: So that cost has been passed over to the Ultra
representatives.
Commissioner Carollo: Okay. Mr. Manager, they are going to pay for that, right?
Mr. Gonzalez: Yes, sir. We have preliminary numbers for both expenses for Fire
and Police, and that is our plan.
Commissioner Carollo: Could you send us a -- every one of us a copy --
City of Miami Page 128 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Reyes: Itemized.
Commissioner Carollo: -- that's itemized of all the expenses they paid for, and
whatever amounts of dollars outside of the original ones that we thought that they
would have to pay for; anything that's over that, like the ones that the Assistant Chief
mentioned for additional overtime for SWAT, et cetera; if you could itemize that
separately, so we know?
Mr. Gonzalez: Absolutely.
Commissioner Carollo: It's across the board --
Mr. Gonzalez: Yes, sir.
Commissioner Carollo: -- for whatever City service there are that they paid for or
we had to give in addition to.
Mr. Gonzalez: Yes, sir; will do.
Commissioner Carollo: Thank you, sir.
Chair Russell: Thank you, Commissioner. Is there any further discussion?
Commissioner Reyes: Yes. Only one question for the Ultra -- I mean, any
representative from Ultra here. I've been hearing that -- and it could have come
from some other places, because I heard about somebody complaining in Allapattah
about the -- listening to the bass, you know, and they blamed Ultra, and there was a
party next door. But can you lower the bass so -- because that's when peopled -- the
"boom, boom, " and people complain more, you see. They feel it, and some people
say that the whole apartment and the whole house vibrate. Is there any way that that
could be reduced? And also, can you place the speakers so they are geared towards
where there is no population?
Mr. Martinez: Yes, sir, Mr. Commissioner. Ray Martinez again, with Ultra Music
Festival. And I think your description is accurate; that there were other sounds
sources that were taking place throughout the City. But I would like to introduce
David Strohm, who is our sound engineer consultant that works with us.
Commissioner Reyes: Mr. Sound Engineer, please.
Mr. Martinez: He can answer some of those questions for you.
Commissioner Reyes: Yes, sir.
David Strohm, II: Hi there. David Strohm, with Trinity Consultants. To answer
your question definitively, it's certainly possible to introduce additional mitigations.
So in a situation where you have any amplified music, you have the opportunity to
introduce both targeted solutions for those low frequencies, the bass frequencies, as
well as things like directivity in the orientation of the stages. And so, there certainly
are many arrows that are left in the quiver in terms of reducing those impacts.
Additionally, however, we had an opportunity to complete ambient monitoring
during the event to try to introduce some data gathering so that we could quantify
the impacts in places like Brickell and beyond so that we were ensuring that when we
introduce any type of revisions that they were based on good science moving
forward.
City of Miami Page 129 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: So you did actually do testing and gathering of data during the event
in the neighborhoods?
Mr. Strohm: Correct, sir.
Chair Russell: Because that wasn't originally in the plan. If I remember correctly, it
was modeling, but you weren't actually going to have sensors in the neighborhoods.
Mr. Strohm: Right. So we wanted to ensure the scientific accuracy of our modeling
results, so we took the opportunity, both before the event and during the event, to
review those impacts, specifically so that we could quanta the noise impacts; not
only in total, but also as it relates to lower frequencies.
Chair Russell: Can you share those results with us --
Mr. Strohm: I would certainly believe so. I think that --
Chair Russell: -- and what altitude they were tested at --
Mr. Strohm: Yes.
Chair Russell: -- if it was in a high-rise or at the ground level? I really believe
we're fooling ourselves to say that any noise that we heard in the City was from
Ultra -- parties that were not related to Ultra. While I did not go to the event on-site
itself, I was touring my district throughout the bayfront, and you could hear it. You
could hear it in the Grove, you could hear it in the South Grove; and you could, of
course, hear it on Brickell Bay Drive. And so, I don't want us to get distracted, to
say that the noise didn't hit the City.
Mr. Strohm: Yeah.
Chair Russell: There may have been other parties and the typical noise that happens
in the City during Winter Music Conference, but this was -- it was significant.
Mr. Strohm: Sure.
Chair Russell: It was significant, and I just -- I still to this day don't understand why
you pointed the main stage right at my constituents.
Mr. Strohm: I certainly can't speak for productions and some of their limitations in
terms of planning the logistics of an event, but I certainly concur that it's important
for us to take the opportunity to review the magnitude of the impacts, but also to take
the opportunity moving forward to make sure that we're using efficient data
collection methods so that we can introduce appropriate refinements.
Chair Russell: Thank you very much. What is the deadline, the 60 -day deadline for
renewal or lack of renewal? What is the date?
Mr. Gonzalez: Sir, I believe it's the end of May. I'll get you the exact date. But I --
Unidentified Speaker: May 3.
Mr. Gonzalez: May 3?
Unidentified Speaker: I think it's May 3.
Mr. Gonzalez: Perhaps May 3.
City of Miami Page 130 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: So we've got a couple more Commission meetings.
Mr. Gonzalez: Yes, sir. And I also would like to state that because of all the things
that we've discussed and the fact that it's a new venue, we, as an Administration, put
together a fairly expansive compliance list of all the things that were expected and
required to do by the event promoter, and we will have that completed fairly quickly,
and we'll share that with everybody here; in addition to, we have our walk-through
of Virginia Key on the 14th, and we'll share any results of that with all of you, as
well.
Commissioner Reyes: So you recommend that we extend the additional year that we
promised them?
Mr. Gonzalez: Sir, I --
Commissioner Reyes: Give them another try?
Mr. Gonzalez: Yes, sir, I believe so. I believe that it --
Commissioner Reyes: And see if we can correct the -- and we can diminish the effect
(UNINTELLIGIBLE)?
Mr. Gonzalez: Sir, just like Saturday was better than Friday and Sunday was better
than Saturday, I think that next year will be better than this year; yes, sir. And we'll
Commissioner Reyes: Okay.
Mr. Gonzalez: -- work together with them, and we'll mitigate all of the concerns that
have been expressed by yourself and your colleagues.
Commissioner Reyes: If that's what the Administration -- I am willing to go with it.
Chair Russell: Is there a motion on the item?
Commissioner Carollo: I'd like to take some time, because I want it put into the
record a lot of the emails that I got, and I think it's important to have this on the
record. And, you know, Commissioner, you might be surprised, but the vast majority
are from your district, even though I got some from mine. And it's across, as you
said; it's not in one point or another; it's from all over the place. So you know that
it's not that, you know, someone in any particular building got a few friends, and,
"Let's call, let's harass them. " No. It's coming from different buildings in different
places. And, look, you know, we could try to block the sun out with our thumb, but
the light's still going to shine in.
Mr. Strohm: Yeah.
Commissioner Carollo: And let me begin.
Commissioner Reyes: So you need more time, Commissioner Carollo?
Commissioner Carollo: Oh, yeah. I want to take, you know -- I don't know --
another 10 minutes or so, maybe 15; that I want to put these in the record.
Commissioner Reyes: Sure.
City of Miami Page 131 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: This one is from one in my district. Tim and Anna "Regier,"
I believe it's pronounced -- I'm not sure -- and they're at 5th Avenue. It says, "After
the weekend Ultra experience, my conclusion is that the event is really not
appropriate for an ecologically sensitive area, such as Virginia Key Marine Stadium.
Friday and Saturday evening till 2 a.m. were quite loud, even in the Roads." I mean,
this is what they're saying. Let me go to another one. This one talks about breaches
of the contract that I'd like to go and leave for last, so I could get some answers
directly from the Manager. This one says, "Good afternoon. I'm a resident of
Brickell Key. I urge you to cancel the deal to allow Ultra at Key Biscayne or
downtown Miami in the future. For the entire weekend and days leading to the Ultra
event this past weekend, we could hear and were kept up by loud obnoxious music
until the wee hours of the early morning. There is no place for electronic music
festival in downtown Miami and Key Biscayne. As was done with the Rolling Loud
Festival, this event needs to be moved to the Hard Rock Stadium, or somewhere else.
Andy Joseph." Kelly Alago (phonetic), "Dear Mayor and Commissioners, I am a
long-time condo owner for over 15 years on Brickell Key. Please do not invite Ultra
back. The windows on our building, which is across the bay from Virginia Key
festival site, are shaking. The low vibrations from the booming bass feel like torture.
I never" -- "a never-ending pounding in your head, like a run -away migraine
headache all day and well after midnight, 2 p.m., is ridiculous. What happened to
upholding the City's own noise ordinance?" It keeps going. Thomas Cattigan
(phonetic), "The City of Miami Government has once again showed that you are not
one bit for the people you are supposed to be representing. Here I sit, at 1:30 in the
morning, watching my windows rattle and listening to the most horrendous noise
emanating from your approved noise festival across the bay. Why, if this event was
such an annoyance to the residents of downtown that you felt you had to move it, did
you ever feel that it would be less of an annoyance to the residents facing Virginia
Key?" This is Irene, and she says, "We are inundated with the noise disasters and
sound checks since Thursday Night. Unacceptable. Suggest they go to Homestead. "
This one's from Grove Isle, Paul Securo (phonetic); a Saturday one, also: "I find the
noise -throbbing bass, flashing lights from the Ultra Festival on Virginia Key,
directly opposite the Bristol Tower on Brickell Avenue where I live, extremely
disturbing, and I object to them. I find it unconscionable that you should allow this
flagrant violation of the noise ordinance to continue. " It keeps going. This is from
Jay Sentel (phonetic): "I hope you're satisfied with day one of Ultra. Total chaos."
And it's along one. Michelle Marro: "It is unconscionable that Ultra was given the
green light to inhabit its current location. The residents of Brickell Avenue are
extremely upset, inconvenienced, and disgusted by you granting this music festival a
permit to perform on Rickenbacker Causeway. " She keeps going on. Susan Leoni
(phonetic): "Dear Commissioner Carollo, as a four-year resident of downtown
Miami who lives by American Airline Arena, I am writing to you at this hour to
express my disgust with this year's Ultra Music Festival. " This was Saturday, March
31, at 2:37 a.m. in the morning she sent this. "Please do not allow this event to
overwhelm our community another year. My life has been disrupted in so many
ways, in so many levels, and this is only night two of three nights. It has been
unbearable and revolting. I cannot believe the rumbling and music noises could
possibly reach the interior of my condo, despite the distance, and my privacy
hurricane -approved windows. While the event music ceased finally at 2 in the
morning, why at this hour?" And it keeps going on and on. Lisa Better (phonetic)
sent to me, "I pay taxes. I live in the North Grove. There is no reason to have a
mega music festival on neighbors in Miami. I work in downtown Miami. Ultra was
there for years. The implication of downtown were terrible for working people and
people who live there." And it keeps going. Suzanne Leoni (phonetic): "I believe I
was finally able to fall asleep at 5:30 a.m." She sent this Sunday at 10:19 in the
morning. "After turning music on in my apartment to drown out the noise on our
street due to the Ultra effects, it appears that the solution of relocating Ultra to
Virginia Key has only served to widen and lengthen the area of community
City of Miami Page 132 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
disruption. Busing the participants up the key to numerous hub after 2 a.m., ending
to a concert now that was brilliant" -- and it keeps going on. She says, "How can
observing" -- or now observing -- "inappropriate behavior, indecent exposure, and
hearing vulgar language on our sidewalks during the day, into the night be
acceptable, excusable, tolerated? No amount of money is worth what Ultra has done
to our beautiful Miami and community. " And this keeps going. Jose Verona, he
says, "Hi, Joe. The last Ultra night left some more goodies for you; see below. And
thanks for having so many academy buses and helicopters all over our
neighborhood." That wasn't the Mayor, was it? "When folks go work on Monday,
maybe next time, you folks use 3rd Avenue, not a residential street."
Commissioner Hardemon: But did anybody complain about the helicopter? That's
what bothered me.
Commissioner Carollo: This guy did.
Commissioner Hardemon: The Mayor's helicopter.
Commissioner Carollo: Look, he's got to do something, you know, after the big
election. "Hello, sir. This is the third night that the Ultra Festival on Virginia Key is
seriously disturbing us in the Brickell Key area. How is it possible that such a
concert is allowing" -- "is allowed in a densely populated area, such as the Brickell
Bay Street area, three nights in a row? Dr. Berat (phonetic), J. Berat. " This one's
another one complaining the same way. Peter Smaley (phonetic): "Dear
Commissioner Carollo, as a long-time resident of 1925 Brickell Avenue, 18 years,
and a native resident of Miami over 60 years, I would like to voice my continued
protest to the disaster at Ultra Music Festival, held at the Miami Marine Stadium,
Virginia Key. The noise, traffic, safety, and security was atrocious to residents of
Brickell and many other parts of Miami you are supposed to be representing. I
implore you, not allow this atrocity to occur again. " This one's addressed from Evie
Svent (UNINTELLIGIBLE). I hope I pronounced it right. It's addressed to the
Mayor and us. "I've lived in this great city for 51 years. I have watched it grow. I
understand progress and that we need revenue, but we could try and keep certain
places sacred. If you love the City, I think you would understand what I mean. As a
resident, I feel I have to speak my mind on this matter. I hope someone's listening.
As a Coconut Grove resident, I was affected by the Ultra noise. However, if it means
it would bring positive outcomes to our community, then I will deal with the 'boom,
boom, boom,' but it did not. I am not against Ultra, but there's a special place for
this type of event, and Virginia Key is not" -- and it, you know, goes on, you know,
what she suffered during that time. There are others that I know I read that I don't
have here.
Chair Russell: You know what I appreciate about that, Commissioner Carollo, is
that --
Commissioner Carollo: Yeah.
Chair Russell: -- normally when we get a resistance to something --
Commissioner Carollo: Yeah.
Chair Russell: -- it's almost like a form email, and everyone changes their name,
and just cut and paste it.
Commissioner Carollo: Yeah, you're right. No, no --
Chair Russell: These are organic emails from many residents, and I just --
City of Miami Page 133 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: Commissioner --
Chair Russell: -- I was going to ask you to stop reading more, but --
Commissioner Carollo: -- Yeah, yeah.
Chair Russell: -- I understand and I appreciate it.
Commissioner Carollo: Commissioner, this is why I was reading them. This is not
form letters or anything. And what you see in here, this was from all different
sectors of our City. And there are more that I read that I don't have here. I don't
know why my staff didn't put it in, and especially the schoolteacher that I mentioned
earlier. That's one that I remember that I read. And, you know, look, we could try to
brush this under the rug and pretend everything's cozy; it didn't happen, but this
happened, and there's no way that I'm going to buy what I was told, you know, for
two years now that, "Hey, we could take care of this noise." This is what they tell
you every year, and they can't take care of it, and I'm going to tell you why, because
if you block out noise from one area, you're going to send it somewhere else. And
with water, no matter what they tell me, that, "Oh, it" -- "noise doesn't carry in the
water. " You know, Colonel, if you went into any, you know, missions, you know it
carry in the water. It carries in the water. So, you know, my main reason why I'm
going to oppose extending this contract is our own residents. I was surprised. I
thought that I was going to find more people from Fisher Isle here. Those I don't
even have here. So I stand correct. I figured I had about 20. It appears I hada lot
more than 20. And, you know, I got to get IT (Information Technology) to get
everything that I had, you know, and compare it to what everybody else got, because
you might have gotten some different ones than I got, or vice -versa. And this is real.
This is real, and we have an obligation to our own residents, even more so; then
secondary, to some of the others. I'm going to tell you, you know, everyone's
pointing the finger at Key Biscayne. You haven't heard the 800 pound gorilla speak
yet, and they will; that's Fisher Isle, you know, but maybe since the Mayor is
representing the condo association, he might be able to help there out somewhere.
But just based on this alone, not even putting Key Biscayne into it -- I don't want
them to get the blame on this one -- I can't go along with extending this contract.
This is real, and we have an obligation. First of all, Mr. Manager, I would like for
you to do the same thing with IT,- get all the names of all the people that have sent
complaints to all of us, and for you to address it. Let them know that each and every
one of us have asked you to address these complaints and to do it in the most
courteous way that we possibly can, and apologize to them for what they went
through, because it's not fun. I personally went to the residents in downtown Miami
the last Ultra there. I started at ground zero, where Ultra was at. And, yeah, down
there, like Commissioner Hardemon says, you could speak to one another. It's not
like if you're in a lounge and the band is playing and you got to shout, and even
shouting, you can't hear. You know, you could speak fairly normally -- maybe a little
higher -- and you could hear people, and it's fine, but that's the problem. They
control the sound at ground level, but then going up, they don't control it. When I
went up to different buildings, some as far away as a block from the park, we had a
gadget, an app (application) that we had, and we took decibels to see how high the
music was, and in some places, when it's high, it's about 108, 107. And that wasn't
the time that I don't think it was the highest. And you know what? The across -the -
street neighbors, for three days, they paid to have a sound company monitor, and
that matched what they had, which is extremely loud. So that's my opinion, anyway.
END OF DISCUSSION ITEMS
City of Miami Page 134 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
D3 - DISTRICT 3
COMMISSIONER, DISTRICT THREE JOE CAROLLO
D3.1 DISCUSSION ITEM
5534 A DISCUSSION REGARDING CODE ENFORCEMENT.
Commissioners
and Mayor
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record. Item D3.1 was deferred to the April 25, 2019, Planning and
Zoning Commission Meeting.
Chair Russell: Commissioner Carollo, now that we have a Code Enforcement Task
Force in place successfully, can we withdraw the discussion item on Code
Enforcement?
Commissioner Carollo: Let me say this: Let me defer it for the following meeting. I
Chair Russell: Keep it on.
Commissioner Carollo: -- see that you all want to get home a little early today. In
fact, any other item that I might have, I will defer it to the next meeting.
Chair Russell: So that would be --
Commissioner Carollo: Mr. Manager, I -- the only thing I want to ask you is that
I've been sending requests, and some, frankly, I've been lied to. And I, you know,
have been patient in looking the other way now. And if you'd like, you and I can sit
down -- not your assistants -- and I will show you proof that I've been lied to and not
provided information. Secondly, we do have some that -- one in particular, that I
mentioned before that's outstanding past the five days -- way past the five days --
business days -- on a resolution of this Commission. I really do need, you know, to
that -- for that to be handled, not to be batted back and forth, so that I could
ascertain certain information.
Emilio T. Gonzalez (City Manager): Sir, when I get your public records requests, I
expeditiously forward them to the folks responsible for answering, but to your point,
I will look into it personally and make sure that you are being responded to in a
responsible way.
Commissioner Carollo: I appreciate it.
Mr. Gonzalez: Yes, sir.
Chair Russell: Can I get a motion to defer Items DI.1 --
Commissioner Reyes: Move.
City of Miami Page 135 Printed on 0611112019
City Commission Meeting Minutes April 11, 2019
Chair Russell: -- and D3.1, please?
Commissioner Carollo: Second.
Chair Russell: Indefinite?
Commissioner Carollo: No, not indefinite; next meeting.
Chair Russell: I was trying.
Commissioner Reyes: Nice try.
Chair Russell: Next meeting?
Commissioner Carollo: Yeah.
Commissioner Reyes: Next meeting.
Chair Russell: All right. There's been a motion and a second. All in favor, say,
"aye. If
The Commission (Collectively): Aye.
Chair Russell: Motion passes.
END OF DISTRICT 3 ITEM
City of Miami Page 136 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
FL - FUTURE LEGISLATION
FL.1 ORDINANCE
5693 AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE
Department of ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
Planning AMENDED ("MIAMI 21 CODE"), MORE SPECIFICALLY BY
AMENDING ARTICLE 4, "TABLE 4: DENSITY, INTENSITY AND
PARKING," TO REDUCE THE REQUIRED PARKING FOR
RECREATIONAL FACILITIES; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
RESULT: NO ACTION TAKEN
FL.2 ORDINANCE
5694 AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE
Department of ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
Planning AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 7,
SECTION 7.1.2.8, ENTITLED "AMENDMENTS TO MIAMI 21
CODE," TO EXEMPT REZONINGS TO CIVIC SPACE ZONES
("CS") AND NATURAL TRANSECT ZONES (71") FROM MINIMUM
SIZE REQUIREMENTS; MAKING FINDINGS; AND PROVIDING
FOR AN EFFECTIVE DATE.
RESULT: NO ACTION TAKEN
END OF FUTURE LEGISLATION
Citv ofMiami Page 137 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
NA - NON -AGENDA ITEM(s)
NAA DISCUSSION ITEM
5781 COMMISSIONER REYES ACKNOWLEDGED CITY ATTORNEY
Office of the City VICTORIA MENDEZ'S BIRTHDAY AND MEMBERS OF THE CITY
Cierk COMMISSION AND AUDIENCE SANG "HAPPY BIRTHDAY".
FRESULT: DISCUSSED
Commissioner Reyes: You know, we have a birthday here.
Chair Russell: Grab your mike.
Commissioner Reyes: You know, we have a birthday. I think somebody's getting
younger, and I'm not going to ask how old she's -- I mean, what's her age, because
you don't do that to a lady, but Vicky, come here, please. Come here, Vicky. Come
here. Now, I want to -- let's everybody sing `Happy Birthday. "
(Applause)
Commissioner Reyes: I dare you to blow it.
Victoria Mendez (City Attorney): Very cute; thank you.
Commissioner Reyes: Okay.
Ms. Mendez: Thank you very much. And I would --I love this place, so it's the best
place to spend a birthday, so thank you very much.
Commissioner Reyes: Thanks to you for the work you're doing. Thank you.
Ms. Mendez: All right, so we eat cake for later.
Commissioner Reyes: We're going to have -- later on, everybody will have a piece
of cake. Okay.
NA.2 DISCUSSION ITEM
5782 DISCUSSION BY MIAMI-DADE COUNTY MAYOR CARLOS A
Office of the City GIMENEZ REGARDING FLORIDA SENATE BILL 898 AND
Cierk FLORIDA HOUSE BILL 385.
RESULT: DISCUSSED
Note for the Record: For directive referencing NA.2, please see Item NA.3.
Commissioner Reyes: Mr. Chair?
Chair Russell: Yes, Commissioner.
City of Miami Page 138 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Reyes: Before we start our regular agenda, I would like to --for the -
- well, I see the Mayor of Dade County is here, and I know that he has a busy
schedule, and I think he wants to address the Commission.
Chair Russell: Of course.
Commissioner Reyes: And I want to -- come, give him the courtesy.
Chair Russell: Good morning. Welcome, Mayor Gimenez.
Mayor Carlos Gimenez: Good morning. My staff will be distributing some
information for you, and thank you for indulging me in the next, you know, 10
minutes or so; I have a presentation for you. I'm hereto talk about a couple of bills
that are floating around in Tallahassee that are looking to -- in one -- in a couple of
sense, usurp our home rule authority on the half cent; also on the composition of
TPO (Transportation Planning Organization); and finally, on the abolition of MOX
(Miami -Dade Expressway Authority), and most of it will be done -- my presentation
will be about an alternative to what they want to do about MDX. The bill is
currently in place today. There's two bills. There's the Avila bill and then there's the
Diaz Bill, and they're not completely the same. Actually, they are different in many
ways. On the Avila bill, it prohibits the use of the half cent past 2022 for any
maintenance and operations, or salaries. Why that is so important, and why that is a
big mistake is that Miami -Dade County has a plan to reduce the dependence on the
half cent down to zero by 2022, but in order to apply or -- and to be eligible for
Federal funding after that, the half cent must be used to show the Federal
Government that we have the ability to maintain and operate a system. If you don't
show the Federal Government that you have the capacity to operate or maintain a
system, you get a failing grade. If you get a failing grade, you get no Federal
funding. Now what does that do? If you get Federal funding, the State will provide
half of the non -Federal match. So let's say you get 50 percent Federal funding. The
State will come in with 25; we end up paying 25 percent. That's affordable. If it's 40
percent, the State comes in with 30, we come in with 30; that's affordable. If the
Federal Government decides you have a failing project, because you can't maintain
and operate it, then the State portion drops by half to about 12 and a half percent,
max; and therefore, our contribution from Miami -Dade County and our citizens has
to be 87 and a half percent of these projects. That effectively kills anything with a
Smart Plan. And so, that's still in the Avila bill. On the Diaz bill, that has been
rectified. You can use the half cent for projects --new projects that are submitted
after 2022. Miami -Dade County, this year, this coming up -- fiscal year will no
longer be using the half cent for any operations that would exist as prior to the
passage of the People's Transportation Plan back in 2002. There will be money
used for operations, but operations only of things that were approved by the voters;
even that is going to be taken away by 2022, where the general fund will be now
subsidizing the People's Transportation Plan. So issues that were passed by the
people, such as the Golden Passport, such as the free Metromover, such as the
extension of the Metrorail into the airport, that actually will be subsidized by the
general fund of Miami -Dade County, but we still need the ability to use the half cent
after 2022 to demonstrate our ability to operate and maintain a system. So we --
hopefully, that portion of the Diaz bill will pass. The two bills had provisions
initially, and the composition of the TPO was going to change, but apparently, that's
already been rectified, so the TPO stays the same. So now we get to the crux of the
matter. There are two bills -- the two bills now are alike in the fact that they want to
eliminate MDX. In one bill, the Avila bill, MOX will be eliminated. I believe it's a
20 percent reduction in tolls, and the composition of the board will be made up of a
vast majority of people that are appointed by the Governor. There's one appointed
by the Speaker of the House, one appointed by the President of the Senate, and one
appointed by the TPO; which means that Tallahassee will then get the vast majority
City of Miami Page 139 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
of the appointments to this new entity name, which we don't know what it is yet. On
the Diaz bill, the new composition of the board will be four appointments by the
County Commission, three appointments by the Governor. On both bills, nobody
who is elected; -- no elected officials can -- are eligible to sit on this board. And
what I've heard, you know, from the people of Miami -Dade is that they want people
that are accountable to sit on the boards, and the boards to determine what their
polls are going to be in the future. On the Avila bill, it prohibits the increase in tolls;
I don't know for how many years. On the Diaz bill, it prohibits the increase in tolls
for 10 years. It also prohibits a CPI (Consumer Price Index) for 10 years. Now,
mind you, MDX has no CPI. And so, here's where my proposal will come in. With
either bill, if they -- either pass -- if either version pass, or some combination of the
version passes, the Work Plan of MDX is put in jeopardy, and we don't feel that they
have the sufficient amount of money, once they reduce the rates that much, to
complete the Work Plan of the MDX, and they certainly don't have enough money to
complete -- start the Kendall Parkway. Now, that's the subject to debate. Maybe
some people want the Kendall Parkway, but the people of West Kendall and Kendall,
where this parkway is going to go, they have a 90 percent approval rate on this
project. There's 700, 000 people there that want a better quality of life. The Kendall
Parkway is vital to them and their quality of life, and that's what I'm here for,
fighting for, the people of West Kendall and Kendall, but I'm also fighting for
everybody else; the people of Miami, and the people of Homestead, and all the way
to Miami Gardens. Our proposal is this: Eliminate MDX, but combine -- create a
new entity called, "The Transportation Authority of Miami -Dade, " but also acquire
the turnpike, the Florida Turnpike, and we can do -- if we can do -- we actually can
accomplish that, we can do these things: We can lower the tolls on MDX roads and
the turnpike by 20 percent. Now, most people in this town think that MDX is the
expressway; all expressways are MDX. That's not true. In fact, only 40 percent of
the tolls that are collected here in Miami -Dade County are MDX,- the other 60
percent is actually State of Florida, either through the turnpike or through FDOT
(Florida Department of Transportation). The I-95 tolls -- the I-95 express, that's the
State of Florida; that's not MDX. The turnpike, that's the Turnpike Authority; it's
not MDX. The new tolls that are going to be coming on the Palmetto, the express
lanes, that's the State of Florida; that's not MDX. The new express lanes that are
coming on the turnpike, that's also the State of Florida; not MDX. What we found
out when we combined the systems, we can do these things: Lower the tolls 20
percent, MDX and the turnpike. We can eliminate the express lanes on the turnpike,
which are coming. We can also eliminate one key feature. The State of Florida
mandates that State of Florida roads must have a toll increase every year with the
cost of living. I don't -- most people don't know that. It's a slight increase. Every
year, they keep turning up the heat. Every year, they keep turning up the heat. So
what are the cost savings? The 20 percent reduction to our toll payers in Miami -
Dade within the next 33 years will save $4 billion; $4 billion back in the pockets of
our citizens. The elimination of the toll increases -- automatic toll increases --
actually saves $4.5 billion to the rate payers -- to the toll payers, but we can do
more, also. We can cut in half the tolls paid by our truckers, by our 18 -wheelers.
Right now it's $16 -- a $16 toll from the Hard Rock Stadium all the way to Florida
City on the turnpike. We would cut that in half, because MDX today only charges
for three axles, maximum. The State actually charges up to eight axles, maximum.
Most 18 -wheelers -- all of them that I know -- have five axles. The same toll, using
the new system, would actually be $8, so we would cut that in half, but there's also
more. We would be able to complete the Work Program of the MDX, the total Work
Program of the MDX. We would be able to complete the total Work Program of the
turnpike system. We would also be able to complete the Kendall Parkway, but
there's more. We would also be able to generate $1.85 billion for transit in Miami -
Dade County. The Avila and Diaz bill generates zero for transit in Miami -Dade
County. The Avila -Diaz bill puts in jeopardy the Kendall Parkway. The Diaz bill
gives a 25 percent reduction just on MDX, but only if you have a SunPass and if you
City of Miami Page 140 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
live in Miami -Dade County. Our proposal gives a 20 percent reduction to everybody
who travels on the turnpike and the MDX. Our proposal also guarantees no rate
increases, no CPI, for the next 33 years. Our rate in-- our proposal also makes sure
that 100 percent of the money generated here in Miami -Dade County -- not the net;
gross -- stays here in Miami -Dade County. Our proposal is the only one that
generates money for the Smart Plan; 1.85 billion over the next 30 years. And so, you
know, I would hope that you'd look at the proposal. I'm willing to answer any
questions that you may have. And then finally, I need to talk about our governance.
Our proposed governance is --will consist of 10 members: The Mayor of Miami -
Dade County, the Mayor of Miami; the Mayor of Doral, Miami Gardens, Hialeah,
and also Homestead; plus, four appointments by the Governor, two of which have to
be elected officials that represent areas south of Southwest 8th Street and west of the
turnpike. That will guarantee somebody an elected official that represents areas of
Unincorporated Dade County. It doesn't necessarily have to be a Commissioner; it
needs to be an elected official. 10 -member board, all elected, all accountable to the
people of Miami -Dade County versus no elected personnel, some of which will be
completely dominated by appointments from Tallahassee, or appointed in the same
way, basically, that MDX is being appointed today, because today, MDX, you have
five appointments from the County Commission and four appointments from the
Governor. So they changed it to four and three, and they changed the name from
MDX to the Greater Miami Expressway Authority. We would assume all of the data
-- all of the debt from both the MDX and the turnpike, and we will also allow them to
keep a certain amount of our money assort of a payment for the system. So you say,
"How in the world do they do this? How can only" -- "if you only take the MDX,
and it's 25 percent, and it has these devastating effects, but you can reduce the tolls
on both 20 percent and be able to do all this?" The answer is that the turnpike's a
cash cow. The turnpike system in Miami -Dade constitutes 11 percent of the road
miles -- or the lane miles of the entire system, but we comprise 17 percent of the
revenue. That means that in Miami -Dade County, the turnpike generates 50 percent
more money than the average around the State, and they're going to continue to
raise the rates, because that's the law. Their debt service coverage is close to four,
four. We borrow -- you know what that means at four, right? Okay, Commissioner
Gort. We borrow 1.25, 1.50. That's pretty good debt service ratio. They're at 3.7.
If we assume the turnpike, it drops all the way down to 3.5. That's a pretty good
coverage. We don't know why they're raising the rates. So, in essence, what is
happening in Tallahassee, they're going after the entity that is the minority entity --
the minority authority that actually charges tolls, collects tolls, and they're leaving
the vast majority untouched, which is the State of Florida. And so, they've been
pretty smart about it. MO -- you know, most people think MDX is everything. MDX
is not everything. And so, we believe that this is the better approach. There is a law
right now that allows for a local authority to take over a State road, and it's -- the
Central Florida Expressway Authority right now is utilizing it to try to purchase a
portion of the turnpike, or acquire a portion of the turnpike in Central Florida. The
turnpike is trying to charge them $5 billion for it; 70 years of income, which is
outrageous, because the people of Central Florida have already paid for that road
many times over. The people of South Florida -- the people of Miami -Dade have
already paid for the turnpike at least twice over. So we would hope that our
legislators would fight for us, fight for this proposal; at least put a brake on the
automatic increases that have been happening here with tolls as related to the State
of Florida. Anybody who takes the I-95 Express? Anybody take the I-95 Express? If
you do, when it started out, it was $.25 minimum, $7 maximum. Right now it's $.50
minimum, $14 maximum. And they're going to continue to do it, and they're going to
continue to do it. We need to take control of our roads, and we need to take control
of our tolls, and we need to keep the money here in Miami -Dade County. And so,
with that, you know, I'm open to any questions. Thank you.
City of Miami Page 141 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: Thank you, Mr. Mayor. In order for your --the options you're trying
to implement, is that an amendment that you're seeking to their bills, or do you need
to start from scratch?
Mayor Gimenez: I think you need to do a strike -all for what they want to do in terms
of what MOX -- the things that they want to do with MOX, and supplant this. And we
would allow for a certain amount of time to negotiate with the Turnpike Authority,
but there is law already that allows an independent agency to acquire State assets,
State roads. Like I said, the Central Florida Expressway Authority, which is, by the
way, comprised of multiple counties, and their makeup is very -- is almost identical
to what I want to do. They have seven elected officials, many of which are mayors,
and they have three non -elected that are selected by the Governor. So they also have
a 10 -member board, but dominated by elected officials from that area.
Chair Russell: Thank you very much.
Mayor Gimenez: You're welcome.
Chair Russell: Mr. Manager, would you be able to give us a -- an analysis of these
two bills and--?
Vice Chair Gort: Let me ask a question.
Mayor Gimenez: Yes.
Vice Chair Gort: Debt service. Who would be responsible if the coverage is not
there?
Mayor Gimenez: Well, under the Diaz bill, I -- they're creating a new authority;
they would be responsible for their debt service. The only way that they could ever
complete the project is if they had an infusion of somewhere between half a billion to
a billion dollars from the State, because they don't -- they won't meet a 1.2 coverage.
And in instances when -- actually, when they're trying to build a parkway, they'll go
under one, so they won't be able to issue bonds on that, unless there's [sic] -- backed
up by the State, but the Diaz bill creates a new authority, not something that's subject
to the Florida Department of Transportation.
Vice Chair Gort: Thank you.
Later...
Chair Russell: Is there any further questions or comments?
Commissioner Carollo: Yes, there is. We keep forgetting that we're the legislative
body; we decide here. Mr. Mayor, what would you like from this body that could
further be of assistance in helping you getting this through?
Mayor Gimenez: Thank you, Commissioner. And the reason that I'm here is that
I've actually been doing a tour, and I went to Homestead, Hialeah, Doral; and
yesterday, Miami Gardens. We've gotten resolutions from Miami Gardens for
support. We have a resolution from Doral, asking our State Legislatures to --
legislators to meet with us to look at the proposal and come back. I believe that in
Homestead, we're going to get a resolution of support. And in Hialeah, I will be
asking for a resolution of support. That's what I really am looking for; a resolution
of support for this plan to move forward. It's not going to be easy. It will not be
easy. This is not something that you can do tomorrow, or whatever. But even if they
pass whatever they pass, I'm still going to be on this. This is something that's good
City of Miami Page 142 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
for Miami -Dade County. This will save us $8.5 billion to our people; money back in
their pockets, and it will complete the program, and it will complete the Parkway.
Commissioner Carollo: But it --
Mayor Gimenez: Yes.
Commissioner Carollo: -- also, from what I understood that you said, it's going to
bring us close to 62 million a year in revenues that we're not getting now.
Mayor Gimenez: Well, no. It will generate $33 million a year, initially, up to 1.85
billion for transportation transit projects --
Commissioner Carollo: Okay. That's --
Mayor Gimenez: -- whereas the Avila -Diaz bill gets nothing.
Commissioner Carollo: That's what I meant.
Mayor Gimenez: The rest of the money, the 8.5 billion, all that goes back in the
pockets of our people.
Commissioner Carollo: Okay.
Mayor Gimenez: 1.85 actually is generated for transit.
Commissioner Carollo: For transit.
Mayor Gimenez: That is correct. New camp, yes.
Commissioner Carollo: That's over 38 years, or 33?
Mayor Gimenez: That's over 33 years.
Commissioner Carollo: 33. Okay. So it'll be about 60 million or so, maybe a little
less.
Mayor Gimenez: Some years more --
Commissioner Carollo: Yes.
Mayor Gimenez: -- some years less.
Commissioner Carollo: Okay. By what date would you need a resolution so that it
could be helpful?
Mayor Gimenez: Well, the sooner the better, obviously, because we have resolutions
from major cities, saying that, "We like the Mayor's plan. " And it's really not my
plan. This is not something that I thought up, you know, like in my sleep. This
actually had been proposed some time ago. This is the first time I actually looked
into it -- dove into it with the numbers, and when the -- you know, when I asked our
Chief Financial Officer, Ed Marquez -- by the way, a former Miami City Manager,
okay? So there's like four of us here today -- and then our financial advisors, both of
the County and of the MOX, and also the financial advisors that we use are
nationally recognized experts in expressway authorities. That's where all of this
started to come out. And then the -- what was amazing or what was eye opening was
the amount of money that was being generated by the turnpike, and how much more
City of Miami Page 143 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
we -- you know, our turnpike generates per -lane mile than the rest of the State. And
while the State says there's a law that says 90 percent of those dollars have to stay
within the three -County area, that's 90 percent of the net, and you know how people
play around with net. In our proposal, a hundred percent of the gross stays here in
Miami -Dade County.
Commissioner Carollo: Well, you just reminded me that we have here today my first
City Manager in Ed Marquez, and my last City Manager in you.
Mayor Gimenez: Yeah, we're the bookends.
Commissioner Carollo: Yeah. And Marquez was the financial whiz; that's why we
brought him at the time from Miami -Dade County, where he was the Finance
Director at the time. If Ed is behind this -- and I see him back there shaking his
head, " yes" -- then these numbers have to be very, very solid in what you're
presenting. Look, I think, if we have a shot at this at all -- and it's, obvious, you
know, not an easy task to get accomplished in Tallahassee, but if we have a shot at it,
we have to show a united front in Miami -Dade County, and I have no problems,
whatsoever, in presenting a resolution in support of Mayor Gimenez' proposal to the
State. If some of my colleagues would like to chime in or, you know, would like to --
Vice Chair Gort: I'd like --
Commissioner Carollo: -- have something more solid to be brought back in the
afternoon, I don't mind doing it that way also. But I think, if we're going to do this,
time is of the essence.
Mayor Gimenez: Can I say something? I forgot one important body that actually
has a resolution of support: Miami -Dade County Commission, that voted on it on
Tuesday.
Chair Russell: Mayor Suarez and then Commissioner Gort.
Mayor Francis Suarez: Thank you, Mr. Chair. Mayor, thank you so much for
coming here today. You know, we -- I think the first I heard about this was the day of
your press conference, when we happened to run into each other on opening day
from the Marlins. I then received your letter, I think, last Wednesday that your office
provided us, which you mentioned that you would be sending tome. You know, look,
we always want to be collegial and support your initiatives, and be supportive of the
Mayor of Dade County, but I have some significant concerns, and I have to be frank
about it. One of the concerns is, something of this magnitude is typically worked out
in advance of the Legislative Session. It's a complex dynamic, and I have not --
maybe you have -- talked to some legislators that are supportive of this plan. I have
not talked to any that are willing to carry this proposal forward, so that's one
concern that I have. The second concern that I have is, it seemed like -- and I'm not
trying to characterize your -- why you did it, your motives, but it seemed like it was
done mid -session in reaction to the fact that MOX was going to be eliminated. She
has an opinion on it, too.
Vice Chair Gort: She wants to give her opinion.
Mayor Suarez: Yeah, yeah, yeah. She should be recognized. It seemed like it was a
reaction to the fact that MOX looked like it was going to be eliminated. And so, I
haven't seen -- and I've been asking, believe me, since I received your letter -- I've
also reached out to the State, and I've asked them what would be the impact of a 20
percent reduction in this combined system. And what they preliminarily told me --
and obviously, this requires, as I've just stated, a huge amount of depth of analysis --
City of Miami Page 144 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
is that it would require elimination of a part of the Work Program, and I don't know
what projects are going to be eliminated. I don't know if those projects are going to
affect the City of Miami. I'm also concerned in the fact that in reviewing the bill,
which is a 70 page bill -- both bills are about 70 pages; there are differences, as you
mentioned -- they allow for the possibility of an increase in the City's share of the
PTP (People's Transportation Plan) money, from 20 percent up to 25 percent. Now,
we've been subsidizing and paying for our trolley system, in part, with general fund
money as well, and the County has been continually discontinuing bus routes in the
City of Miami that run parallel with our trolley system, which makes some sense,
because obviously, you're not going to duplicate effort. However, there's one in
particular, which is Route 6, which affects a lot of the elderly in our community, it
affects a lot of senior centers, and people that are the most fragile, and we passed a
resolution, unanimously, that that route be reinstalled. So in the absence of that
decision by the County, we need more funds from the PTP, so that we don't continue
to subsidize with our general fund our trolley program, which we offer at no charge
to our residents, and it's vastly popular. I believe it carries more than 5 million
people on an annual basis. The other concern that I have, frankly, is thumbing my
nose at two legislators and at the whole entire Legislative Delegation and the
Lieutenant Governor when they're carrying not only our priorities in this bill, but
they're carrying our other legislative priorities. And so, I'm just concerned of what
kind of an impact it's going to have on the City. I respect your proposal. I haven't
had a chance to sit down with you and talk about it. You know, I got it on
Wednesday. I know your office reached out once or twice to get clarification on the
proposal. I was trying to prepare for today's Commission meeting, which has a
variety of other major issues, and I know we're in the middle of session. So I -- you
know, my preference, frankly, is to go with the Chairman's recommendation; that
you allow our City Manager to study your proposal, study the bill that's actually
been filed, see if there's any legislative support for your proposal. Ido agree that --
and I have expressed this, by the way, to the bill sponsors -- you know, the City of
Miami, under their composed boards, both scenarios -- there's a possibility that the
City, as an elected body, may not have representation; and so, that is a concern for
me. And under your letter, the City would have representation. So, you know, that's
obviously a net positive in terms of your proposal. So, you know, that's sort of where
I stand. I'm trying to think if there's any other -- I mean, I've pretty much gone
through all my concerns. I thank you for coming. You're always welcome here.
Mayor Gimenez: Thank you.
Mayor Suarez: And, you know, I respectfully request that we do some more analysis
before taking up a reso.
Mayor Gimenez: Got it.
Chair Russell: Commissioner Gort.
Vice Chair Gort: We all know Tallahassee. We know how difficult it is to get things
done in Tallahassee, and we know how they can turn around against you. I'd like to
see -- you mentioned something about asking them to get together with you all and
let's mediate. I think the -- we need to sit down. We have to be reasonable, and we
have to explain our cases, and -- because, let's face it, buying the turnpike is going to
be kind of difficult, because there's no -- north of Palm Beach is a different world,
different legislator, and we don't have that many friends north of Palm Beach. So I
believe we should be working with them and with you and the MPO and all the
plans, and I think that's what I would like to see at this time.
Mayor Gimenez: Commissioner -- and if I could respond to the Mayor's concerns.
City of Miami Page 145 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: Of course.
Mayor Gimenez: The proposals, both by Diaz and by Avila, would absolutely have
consequences for the Work Plan ofMOX The proposal of Diaz and Avila would, in
our opinion, in our analysis, would hurt -- well, actually, would -- the Kendall
Parkway would not be able to be built. The proposal from Avila and Diaz has no
money, zero money, for any transit projects in Miami -Dade County. Nothing. Our
proposal does 1.85 billion. The proposal from --I think from Avila --says that you
could be up to 25 percent. The County -- that does not change the County
ordinance. Actually, we divvy out, I believe, 23 percent of the PTP right now to
cities, because we've had more cities. So as more cities were eligible, more of that
money -- it used to be 20 percent, but then we had new cities, so we have -- actually,
we're up to about 23 percent right now. The --in terms of what the people voted for,
the plan always had in mind that when a local trolley system was put into place that
duplicative of services would be eliminated; that just makes sense. Now, we will take
into consideration anything that the City Commission has passed in terms of a
certain route; we do that with our owner Commission. And we will, you know, give
it due consideration. And if it makes sense, then we'll reinstitute that route. So I
understand the -- your concerns. But the final one is do -- will anybody be willing to
pick it up? Right now, it's not being picked up, because it came out pretty recently.
Why wasn't this done before? Because, frankly, the sponsors of the bill did not meet
with us, would not meet with us, and would not meet with us prior to them drafting a
bill, and would not meet with us for a certain time after drafting the bill. This is
something that they want to do for -- I don't know what purpose, but I want to thank
them for sparking something in us so that when you look at this -- and when I did
speak to them, they said they wanted toll relief for the people of Miami -Dade County.
What I'm proposing is real toll relief for all the people or most of the people of
Miami -Dade County. What they are proposing is toll relief for some; 40 percent.
The other 60 percent get no toll relief. The other 60 percent of the tolls actually will
go up. So once they institute the Palmetto express lanes, the actual percentage -- the
percentage is actually MDX roads versus State roads -- will probably drop from 30
Percent MOXroads to 70 Percent State roads. They're doing nothing about the tolls
on the State roads. That's what we need to focus in on all toll roads. We need to
focus on that. And so, it's not going to be easy, but we need the support of the people
of Miami -Dade County saying, "This is what we want. " Obviously, the people in
Central Florida, that's what they want, and maybe we can join forces, saying, "Look,
this is what the people of Central Florida and Miami -Dade County want, " the two
largest -- the two most populace areas of the State. It's not going to be easy; never
said it was going to be easy, but I think we need to press forward. And frankly, in
terms of the legislators, it's about time that they start representing our interests and
not the interests of the State. And so, one of the things that I find troubling when I go
up there is that they are in Tallahassee, and it is a different world, but our -- we
somehow seem to be fighting our own legislators every single year. We need to stop
that. And also, we can't be afraid of what they do, because they're supposed to
bringing -- they're supposed to be helping us. They're supposed to be helping our
children. They're supposed to be helping our community. They're not supposed to
be helping themselves. And so, you know, while I know that I want to be as
deferential and as diplomatic as possible, every once in a while you have to say,
"Look, this is really in the best interest of our people. We need you to represent us. "
And so, I'll continue on this, because they need to continue to represent us. They
need to stop the State of Florida from increasing their tolls. Our people have had
enough. This is a bellwether issue for the State. Miami -Dade County is always three
or four years ahead of everybody else. Tolls area big issue here. They're not the
biggest issue. The biggest issue is traffic, affordable housing, and probably, this will
be about the third, maybe fourth. All right? But people are talking about it. Pretty
soon it's going to be a big issue everywhere else in the State, because 95 percent of
all the new roads built by the State are toll roads; every single one, and every single
City of Miami Page 146 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
one of them has this automatic increase. And so, basically, they're turning up the
heat just a little bit at a time, and before you know it, we'll be boiling. Well, we're
boiling down here in South Florida and Miami -Dade County. We need relief. This
is the way to get it.
Chair Russell: Mayor Suarez.
Mayor Suarez: Thank you, Mr. Chair. Again, there's a couple of concerns that I
have with your letter. Part of it is, it's just a letter, and so I haven't seen any
legislation that actually substantiates some of the things that are in the letter, not
that I doubt your ability to substantiate it, but it would be nice to see the legislation -
- or proposed legislation that you would hope somebody would adopt to implement
some of these principles.
Mayor Gimenez: Didn't we attach the proposed legislation?
Mayor Suarez: I have not --
Mayor Gimenez: It's there.
Mayor Suarez: -- seen it.
Mayor Gimenez: It's there with the package that has been distributed.
Mayor Suarez: This is the first that I've actually read it.
Mayor Gimenez: Very good.
Mayor Suarez: But this is the first (UNINTELLIGIBLE).
Mayor Gimenez: The proposed legislation is actually there.
Mayor Suarez: Great. So I'll review it quickly. I think -- you know, there's a couple
of things that you also said that sort of concerned me a little bit. One of them is that
you intend to de -ung -- I call it "deunification" [sic] -- the half cent, which is the
operating expense from the capital bonded expense of the half cent, correct?
Mayor Gimenez: I'm sorry; what did you say?
Mayor Suarez: De -ung. In other words, you're going to whittle down the
reluctance or the dependence on the half cent monies that are being used for
operation and maintenance by 2022. Isn't that what you said?
Mayor Gimenez: By 20 -- actually, by -- next fiscal year, we will actually decouple
any use of the half cent for pre-existing services, which is really the crux of the
matter, because the people of Miami -Dade County, when they voted for the PTP,
they voted for any new services; that maintenance and operations of new services
were eligible for PTP. We're even going beyond that. By 2022, we are going to be
subsidizing services that were approved by the PTP, not using the half cent. And
when you look further into the future, actually, the -- us -- the general fund of Miami
Dade County will be subsidizing the PTP to the tune of how much? 35 million?
Okay. But how much in -- over the next 30 years? Billions of dollars, billions of
dollars; more and above the half cent. And so, there's other -- one other thing that
was never explained in the PTP. And I'm sorry; it's our problem for not explaining
it. But when the PTP was originally passed, the promise from Miami -Dade was that
they would— they have a maintenance of effort of $111 million. When I became the
-- when I came to the Miami -Dade County Commission and became Chair of
City of Miami Page 147 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Transportation, I knew that just maintaining $111 million subsidy to -- for transit
was actually going to be diminishing every year. And so, you know, it was my
legislation, passed by the Board of County Commissioners, that we increase the
participation in the People's Transportation Plan from the general fund by three and
a half percent per year. That's actually generated over $800 million additional
money into transportation; whereas, there was $400 million that was used for
operations from the PTP. So, you know, it's our fault. We didn't explain that very
well. We're going to take -- you know, we're going to take measures to make sure it's
all explained in the future, but in the future, the PTP will actually be subsidized by
the general fund to the tune of billions of dollars.
Chair Russell: Thank you. Commissioner Gort.
Vice Chair Gort: Let me tell you why I think mediation is so important. Maybe they
think our elected officials, they're doing the right thing, because I have two to three
meetings in the community just about every month. The biggest complaint I get,
people with the MDX, and I love MDX. I did a lot of work with the MDX. I worked
with you, and I always supported you. I think you guys really look ahead and want
to do the right thing. But the problem is, you go to the radio stations, you listen to
people talk, people talk to traffic in the City of Miami, because people get off the
expressway, because they don't want to pay the tolls.
Mayor Gimenez: Correct.
Vice Chair Gort: So maybe they think they're doing the right thing.
(UNINTELLIGIBLE).
Mayor Gimenez: The expressway lanes are the State of Florida; remember that.
Vice Chair Gort: No. I understand that.
Mayor Gimenez: Okay. All right.
Vice Chair Gort: But people don't understand that. So that's why I think, if we could
do something -- if we can stop, somehow, their doing away with the MDX and bring
them to the table and talk to us right now -- I'm looking at a bill that Tallahassee is
trying to do that prohibit cities for incorporating affordable housing within building
constructions.
Chair Russell: Yeah. I saw that.
Commissioner Carollo: To what?
Chair Russell: It's a preemption bill on affordable housing.
Vice Chair Gort: To eliminate the -- us requesting affordable housing within certain
projects.
Commissioner Reyes: Inclusionary.
Vice Chair Gort: So, you know, it's something the -- we need to do something, and --
Mayor Gimenez: Yeah. It's time they started to represent us.
Chair Russell: Mayor Suarez.
Mayor Suarez: Thank you, Mr. Chair.
City of Miami Page 148 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: Then Commissioner Carollo.
Mayor Suarez: I'll use your word, "decoupling. " So I'm excited to hear that you're
along the process of decoupling -- I'll use your word, not "deunification" [sic]; my
apologies -- and I think the bill also does that, you know. You are subsidizing, as
you call it, the PTP, or that you will continue to subsidize it, just like we are
subsidizing the trolley program. So it's part and parcel of what we do. I mean, we
have a billion -dollar budget, and we want to provide free transit to our residents.
And so, I don't look at it as subsidizing. I look at it as there's different pots of
money; we have to provide a service, and we use those pots of money to provide that
service efficiently for our residents, at no cost to our residents, and it's very popular.
I think there's a couple of things that also -- and again, I just got your legislation. I
haven't even looked at it. I just looked through the packet and saw that there was,
you know, stuff there, so I think that even militates more in favor of us doing a
thorough analysis of this, and coming back at some later date to decide whether or
not we support the initiative. But I think one of the things that you didn't mention
was the fact that MDX, quote/unquote, closed the system prior to you being there.
This was before you were there.
Mayor Gimenez: Right.
Mayor Suarez: And I think that's what really created a lot of animosity between the
general public and MDX. I think that was the point at which things boiled over. So
it's not so much about whether they've raised tolls since then. In fact, they've given
rebates. They've done a variety of other things, I think, since then. And I don't think
anybody's ever argued that they're not a well-run organization. They're very
efficient. You know, and the Executive Director is someone who has a very good
reputation, as you've mentioned in the past. But the closing of the system --
essentially, tolling at every exit point throughout the system is, I think, what created
a massive increase, and I think that's why people at that point revolted, and that
animosity still exists today. And so, I think the Legislature has also, at points,
requested action of MDX that hasn't been strictly followed. Now, you may disagree,
but that's --
Mayor Gimenez: I'll agree, and I'll explain it very clearly.
Mayor Suarez: Right.
Mayor Gimenez: Okay.
Mayor Suarez: So -- but I think that's where some of that animosity --
Mayor Gimenez: No, no problem.
Mayor Suarez: -- comes from.
Mayor Gimenez: No problem.
Mayor Suarez: So, you know -- and then, a third point is, you may be subsidizing
your PTP money to a point of -- a portion of 23 percent, but that's because you have
additional cities, not because you're giving any addition -- any city more than 20
percent.
Mayor Gimenez: I think that's what I said.
Mayor Suarez: Yeah.
City of Miami Page 149 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Mayor Gimenez: I think -- 23 percent --
Mayor Suarez: So I just want --
Mayor Gimenez: -- of the PTP goes to cities. I didn't say, "Because we had more
cities." I'm pretty clear about that.
Mayor Suarez: No, no, no. But I just want to be clear that you're not giving cities
more than 20 percent; you're giving cities 20 percent, each city.
Mayor Gimenez: That's what the legislation called for, yes.
Mayor Suarez: Right.
Mayor Gimenez: That's what the people of Miami -Dade County voted on. Yes.
Mayor Suarez: Right. And this legislation allows you to go up to 25 percent.
Mayor Gimenez: Correct, but the people of Miami -Dade County, through a vote --
Mayor Suarez: Okay.
Mayor Gimenez: --said they would give 20 percent to cities.
Mayor Suarez: Understood.
Mayor Gimenez: We upped that to 23 percent of the total, okay?
Mayor Suarez: Right.
Mayor Gimenez: It's 20 percent, to be divvied --
Mayor Suarez: Per city.
Mayor Gimenez: The 20 percent was supposed to be divvied up --okay? --by --for
cities. Miami -Dade County then said, when they had additional cities, "We didn't
take any money from your portion; we actually upped the percentage of the PTP that
was given to cities to 23 percent. " And so, you talked about as the MD -- MDX not
doing what the Legislature wanted us to do. You're absolutely right. We did reduce
the tolls by 5 percent, absolutely. That's what this Legislature wanted us to do. We
did not and would not and will not institute a cost of living adjustment, which is also
what the Legislature wanted us to do. That's exactly what's going on. The cost -of -
living adjustment is where they're going to bleed us dry. And the cost -of -living
adjustment is what they have on the turnpike, what they have on the I-95, what they
have on the 826. And if I'm not mistaken, I believe the turnpike is also a closed
system. So, you know, you're tolled when you get in and when you get out. And so,
that's -- that was what caused consternation. There's a lot of consternation going on
at all kinds of tolls, but we need to look at the totality of the tolls that are being
collected here in Miami -Dade. Only 40 percent are being collected by MDX. The
other 60 percent are being collected by the State of Florida. And that percentage is
going to go down as soon as they institute the tolling on the Palmetto, which has
always been free, since I've been here. I've been here since 1960. The Palmetto has
never had any tolls. They're about to institute tolls on the Palmetto, and they're
about to institute express lanes on the turnpike; a toll inside a toll. So it's the State
that we need to look at. We need to look at both, but really, let's focus on both, and
let's solve a bigger problem, not just one small area of it. So what I'm looking at is,
City of Miami Page 150 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
"Hey, we agree that there's issues with tolls. " We all agree there's issues with tolls,
but the State's legislation only deals with a small portion of the tolls collected here in
Miami -Dade, and it will affect the Work Program, and it will affect the Kendall
Parkway. So, you know, I mean, I don't know how much clearer to make it. If you
need some more time, you know, look at it. I -- you know, I have been advised by
some really good financial advisors; our numbers work. Nobody said that our
numbers don't work. They've had it up in Tallahassee for some time. They haven't
said the numbers don't work. So, you know, that's where we are.
Mayor Suarez: Mr. Chair?
Commissioner Carollo: If --
Mayor Suarez: Well, I agree that -- I agree with you, Mr. Mayor, that we should not
have tolling on the Palmetto, and that we should not have express planes on the
Palmetto, nor should we have a CPI increase, so I -- we agree fundamentally on
those three principals. I think the issue is that part of the animus with MOX had to
do with when they closed the system. Now, you may be right that the turnpike is a
closed system, and it may have always been a closed system. I don't know how it was
when they originated the system, or it may have closed at some point, and there may
be separate animus for that. I just think, again, a proposal of this magnitude, which
could have significant impacts on the City, not only in the current bill, but in our
legislative priorities generally, has to be studied. We literally got it just this second,
and to pass a resolution on it, I think, is premature. I'd be happy to work with you
on it, as I told you that day on Opening Day. Be more than happy to work with you
on it, and frankly, be happy to work with my Commissioners, who -- I'm not sure if
they've been briefed individually on the impact of this plan, and it's now new
legislative incorporation on the City of Miami.
Commissioner Carollo: I'd like to hear from two of my colleagues that have not
spoken; Commissioner Reyes and Commissioner Hardemon.
Commissioner Reyes: Well, I have been quiet, which is not very typical of me, but I
don't want to sound that I'm partial, because I have to divulge that I have a conflict
of interest, and my son that works for MDX. I mean, he represents them. And I
know how some people here, they use anything that they could get their hands on in
order to tarnish people name. That happened to me when I supported one of
Commissioner Carollo's proposals, and there was some instigation around the radio
stations to start accusing me of conflict of interest, and also of -- that was a violation
of -- I mean, I shouldn't do that, but I -- that's why I have remained quiet. If you are
-- the resolution, you get second, and it's going to be voted, I will step out, you see.
But I don't know, Madam City Attorney, if I could -- I don't know if it is a conflict of
interest for me to express my opinion and -- I don't know. It is? So I will keep quiet,
you see. I will express it someplace else. Thank you, Commissioner.
Commissioner Carollo: I apologize, Commissioner Reyes. I wasn't aware of that.
Commissioner Reyes: Oh, no, no. Hey, listen, you don't have to apologize.
Chair Russell: Commissioner Gort, then Commissioner Hardemon.
Commissioner Reyes: It is my duty to divulge.
Commissioner Carollo: Yeah.
Chair Russell: You're good?
City of Miami Page 151 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: Yeah.
Chair Russell: Commissioner Hardemon.
Commissioner Hardemon: Just like the rest of you, I received this document today
on this dais. And so, I know I haven't had an opportunity to read it. And I think it
will serve us some good to have at least the Administration, our City Manager, like
these who are fine City Managers, to provide us some sort of recommendation,
because I need to also review the law that's within the State of Florida. I have no
doubt, Mr. Mayor, that the State of Florida is doing something that is detrimental to
the residents of Miami -Dade County. It happens time and time again. And so, we
are the government that's closest to the people. We usually get the blame for things
that happen, and I recognize that that could also come, but at the same time, we still
owe at least a due diligence to learn what it is that we're going to support. And it
very well so may be that we will support what you have to offer, because it may be
the better plan, as you put it. But there's no one speaking against, obviously, what
you're saying. There's no other party here that's advocating for their position. And
so, even if that were true, someone was here advocating for it, I want an opportunity
to read it myself. And so -- and I think I'll make an informed decision from that
point, so.
Commissioner Carollo: Okay.
Chair Russell: Thank you, Commissioner.
Commissioner Carollo: Mr. Manager, when does the Legislature end, the session?
Chair Russell: Cinco de Mayo.
Commissioner Carollo: What date?
Mr. Gonzalez: I believe it's May 5, sir.
Commissioner Carollo: About May 5?
Mr. Gonzalez: May 3. I'm sorry.
Commissioner Carollo: May 3. Okay. How quickly can you have an opinion?
Mr. Gonzalez: We could do a quick analysis as early as early next week, sir. We
can actually start working on it over the weekend.
Commissioner Carollo: Okay. And whom in your staff is going to work on this for
you?
Mr. Gonzalez: Sir, I would have Nick Pascual, my Government Affairs Director, and
Chris Rose, my Budget Director, to take a look at both the policy aspect and the
financial aspect.
Commissioner Carollo: Okay. So you could have an analysis for its by the end of
next week?
Mr. Gonzalez: I can probably have it by Tuesday or Wednesday of next week, sir.
Commissioner Carollo: Very good. Okay. Thank you.
Mr. Gonzalez: Thank you.
City of Miami Page 152 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: Thank you very much. And thank you, Mr. Mayor.
Mayor Gimenez: Thank you very much. Appreciate it. Thank you for your time.
Commissioner Carollo: Thankyou, Mr. Mayor.
Vice Chair Gort: Thank you.
NA.3 DIRECTIVE
5783 DIRECTION BY CHAIR RUSSELL TO THE CITY MANAGER TO
Office of the City PROVIDE THE CITY COMMISSION WITH AN ANALYSIS OF
Cierk FLORIDA SENATE BILL 898 AND FLORIDA HOUSE BILL 385.
RESULT: DISCUSSED
Chair Russell: I was looking to direct the Manager to give us an analysis of the two
bills, as well as the Mayor's recommendation, so that we can make an informed
decision on --
Emilio T. Gonzalez (City Manager): Sir, I'll be happy to.
Chair Russell: -- how this affects us.
Mr. Gonzalez: I'll get with the Mayor staff, and whatever back -- additional
background materials we need, and then I'll get it to the Commission as quickly as
possible.
Commissioner Carollo: Well --
Chair Russell: Thank you very much.
NA.4
DIRECTIVE
5784
DIRECTION BY COMMISSIONER CAROLLO TO THE CITY
ATTORNEY TO DRAFT A RESOLUTION FOR CONSIDERATION
Office of the City
AT THE MAY 9, 2019 CITY COMMISSION MEETING RESCINDING
Clerk
RESOLUTION R-18-0523, THE REVOCABLE LICENSE WITH
EVENT ENTERTAINMENT GROUP, INC. FOR THE ULTRA MUSIC
FESTIVAL.
RESULT: DISCUSSED
Note for the Record: For additional minutes referencing Item NA. 4, please see
Item DI.3.
Commissioner Carollo: Madam City Attorney, I -- so that there's no doubts on
anything, I'd like to have this item placed on the next Commission meeting with two
resolutions; one would be a resolution where we would deny Ultra the licensings,
from here on forward; the other one will be one for approval. I think you should
have --
City of Miami Page 153 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: That's a direction?
Commissioner Carollo: Yeah.
Commissioner Hardemon: Is that something that we can do today? Can we resolve
that today?
Ms. Mendez: I -- we noticed this for a discussion; we didn't notice it for action.
Commissioner Hardemon: No, but still, like we want to come to a resolution. If I
said, "What's the position of the City on moving forward with Ultra?" so that, you
know, we don't have to continue doing this, can we -- if we said, "Can Ultra come
back next year?" and we decide that today?
Ms. Mendez: It wasn't --
Commissioner Hardemon: Like ifI said --
Ms. Mendez: Right. It --
Commissioner Hardemon: -- you know, should we --?
Chair Russell: I'd collect all the money they owe us first.
Commissioner Hardemon: Oh, yeah, you might want to (UNINTELLIGIBLE).
Commissioner Carollo: Well, that -- look, I think the fair way of doing it --
Commissioner Hardemon: Because what's going to happen, of course, it's just going
to be --
Commissioner Carollo: Well --
Chair Russell: Right.
Commissioner Carollo: -- by contract, if we're going to deny them to go -- in going
forward, we got to do it within 60 days.
Commissioner Hardemon: Within 60 days?
Commissioner Carollo: 60 days, yeah.
Commissioner Hardemon: Right. So what I'm saying, I don't know if we're going to
deny or if we're going to --
Commissioner Carollo: Yeah.
Commissioner Hardemon: -- have to move forward.
Commissioner Carollo: One of you wanted 30; I asked for 60, because --
Commissioner Hardemon: No, what I don't want is --
Commissioner Carollo: -- I knew this, but --
City of Miami Page 154 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Hardemon: -- I don't know if we're going to deny them or we're going
to move forward.
Commissioner Carollo: Yeah, right.
Commissioner Hardemon: I just don't want to have another -- not -- I won't say,
"another. " I don't want to have extended conversation about something if there's
already a position that most of us know that we're going to move in. I'm one of those
people -- I always -- any time I get on this dais -- it can go one way or another,
depending on the conversation that I have with (UNINTELLIGIBLE).
Commissioner Carollo: Commissioner, I normally would agree with you on that, but
I think this is such a sensitive subject that Ultra will -- deserves -- since they only
came prepared for a discussion --
Commissioner Hardemon: Right.
Commissioner Carollo: -- they deserve the right to come prepared --
Commissioner Hardemon: Okay.
Commissioner Carollo: -- next time, and all the residents that complained need to
be informed that there will be a meeting on this, by the Administration, and confirm
to us that they informed them so they could be here if they want to, and for it to be
made public, so anybody could come --
Commissioner Hardemon: Okay.
Commissioner Carollo: -- because I don't want --
Commissioner Hardemon: So put the both resolutions on the agenda for the next
meeting.
Commissioner Carollo: -- yeah. We should send the information to all the different
associations, building associations in all these buildings who were complaining; in
Brickell, downtown Miami, Brickell Key, in the Grove. We should send it to Fisher
Isle, also, since there were complaints there; Brickell Key. And this way, we --
whatever decision we make, we're as safe as we could possibly be in a lawsuit from
either side. But --
Ms. Mendez: We don't need to --
Commissioner Reyes: I have a question, and it is just to --for information purpose.
We had other concerts there -- right? -- in Virginia Key? We had it --
Commissioner Carollo: We had, but many, many years back with concerts.
Commissioner Reyes: No, no, no. We had some Paloosa --whatever. I don't know
but --
Commissioner Hardemon: Yeah, one concert -- I mean, we had a concert there just
maybe a few weeks before that one.
Commissioner Reyes: That's right. We had -- and had we measured the decibels of
the --?
Commissioner Hardemon: I (UNINTELLIGIBLE) --
City of Miami Page 155 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Reyes: Have we received any complaints fi^om those?
Commissioner Hardemon: Probably not.
Commissioner Carollo: I did not. So that tells me --
Commissioner Hardemon: Probably not.
Commissioner Reyes: No, no, no. That's -- I'm just -- Joe, I just want to know, you
know, if it is --
Commissioner Carollo: Yeah, you're right, but --
Commissioner Reyes: -- want a comparison, you see.
Commissioner Carollo: -- I doubt if anybody was measuring decibels, but the
problem is, Commissioner --
Commissioner Reyes: I just want to know.
Commissioner Carollo: Yeah, well, we should know. And you have a very good
question. I could tell you that I don't recollect any complaints from any other
concert there. So that tells me is that if I didn't get any complaints, it was a smaller
concert. It could not have been anywhere near as loud as Ultra. And then, here's
the other problem that I see with Ultra: That "tun -tun -tun -tun -tun -tun" -- just
doesn't -- no matter what they're playing, that's what you're getting, you know,
through the water, coming at you.
Commissioner Reyes: That's why I asked it, you see.
Commissioner Carollo: That makes a difference on people, too.
Commissioner Reyes: That's right.
Chair Russell: Two questions. So --
Commissioner Hardemon: You know, Shabba Ranks performed at the last concert. I
don't --
Chair Russell: If I may, Madam City Attorney, would it be better that the reso is one
reso, with the -- approve or deny versus two separate resos?
Ms. Mendez: Right. So the only thing I want to mention is that you do not need a
reso in order to continue.
Commissioner Carollo: Yeah, I understand that.
Ms. Mendez: You only need the reso --
Commissioner Carollo: Yeah.
Ms. Mendez: -- to rescind it within the --
Commissioner Carollo: Right.
Ms. Mendez: -- you know -- before the May 27 -- or May 30, more or less, date.
City of Miami Page 156 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Chair Russell: And then the other thing I want to bring up: On the 25th of April is
also the appeal of the Coconut Grove Playhouse issue, so this is going to be a very
packed meeting; just to --
Ms. Mendez: Yes, it is.
Chair Russell: -- a very active, active meeting.
Commissioner Carollo: Well, we have 60 days to handle this.
Commissioner Reyes: That's right.
Commissioner Carollo: So start counting.
Ms. Mendez: Right.
Commissioner Carollo: I don't care when we do it, but I don't want to be over the 60
days and --
Ms. Mendez: It's approximately May 27, I believe; May 27. You need to make the
decision before then.
Commissioner Carollo: Don't give me approximate; give me exact date.
Ms. Mendez: May 27. You have to make it before then if you want to --
Commissioner Carollo: Yeah. I'll feel better, you know.
Chair Russell: Can we put it for a May agenda?
Commissioner Carollo: Yeah, we could put it for May if you want.
Chair Russell: Commissioner Gort, I apologize.
Vice Chair Gort: I think it's very important that we publicize it. Make sure we have
everyone here, because what I experience a lot in these Commission meetings,
everyone that's against it shows up and speaks against an item, but people in favor of
an item, they stay home. So it's up to them. If they want it, they better come up and
tell us why they want it. At the same time, I would like to see some of the allegations
that has been made about the fish and the birds, and all that. If we can get some
answers on those things, I think it'd be very important, because a lot of allegations
have been made; I want to be able to confirm if they have taken place or not have
taken place. But I think everyone should be here. Let's publicize it --
Commissioner Hardemon: Mr. Chair?
Vice Chair Gort: -- and let everybody --
Chair Russell: Yes, Commissioner Hardemon.
Vice Chair Gort: -- because that's what happens all the time. People against it, they
show up; people for it, they stay home. So let's hear from everyone.
Commissioner Hardemon: Look --
Commissioner Reyes: Excuse me.
City of Miami Page 157 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Hardemon: -- but I will tell you, though, that I think proponents of
this is -- The way that you put it is absolutely correct.
Commissioner Reyes: Yeah.
Commissioner Hardemon: Most people who are against things, they show up. Most
people who are for --
Chair Russell: They write.
Commissioner Hardemon: -- they -- right. You know, they're not going to show up.
But if -- 160, 000 patrons, that's a hell of a vote, you know. That -- everyone didn't
come from out of the country. There are people right herein Miami that --or that
are outside of Miami, as well, that enjoy that venue. But I want to seize this
opportunity while all eyes are on us talking about this whole thing, right? I know we
love our dear City Attorney, and it's her birthday, et cetera, et cetera. But there's
another person whose birthday it is today, and I want to make sure that we celebrate
his birthday, as well, so I have something for him, because I want to create the
biggest bias that make him seem like he's my close friend, so any time he writes
something, they say, "He can't befriends of ours." So I want to say happy birthday
to Joey Flechas --
Chair Russell: I knew it.
Commissioner Hardemon: -- but -- and come get your gift from the City of Miami
District 5 Commissioner. Maybe this'll be the first time that I get something
(UNINTELLIGIBLE) written about me in the paper. Come on down. Come on over
here. Let the camera see you.
Chair Russell: About to accept a gift from a Commissioner, Joey Flechas
(UNINTELLIGIBLE).
Vice Chair Gort: Shake it.
Commissioner Carollo: This is a conflict of interest. Oh, oh.
Chair Russell: Happy birthday.
Commissioner Carollo: Happy birthday.
Chair Russell: All right. So we have direction. Did we pick a meeting in May? The
first May meeting? That way, we have time to --
Commissioner Reyes: That's right, first meeting.
Chair Russell: All right. First meeting in May.
Commissioner Reyes: The 9th.
Chair Russell: All right. Thank you very much. We're going to close that discussion
item.
Commissioner Carollo: Yeah.
Chair Russell: We're going to move to boards and committees, please.
City of Miami Page 158 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: Sure. Just one last thing. Mr. Manager, one of the letters
that I have -- or emails that you should go through, they're saying that they violated
the contract in different sections. If you could please go through that one. This is
from David Winker (phonetic). If you could go through that and then address that
when it comes back.
Mr. Gonzalez: Sure. Actually, Mr. Winker was here earlier, so --
Commissioner Carollo: Oh, okay.
Chair Russell: He's here.
Mr. Gonzalez: Oh, there he is.
Chair Russell: Thank you.
NA.5 RESOLUTION
5788 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Office of the City A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE
Clerk ENFORCEMENT BOARD FOR A TERM AS DESIGNATED
HEREIN.
APPOINTEE: NOMINATED BY:
Leroy Jones Commissioner Keon Hardemon
ENACTMENT NUMBER: R-19-0150
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Gort, Carollo, Reyes, Hardemon
Note for the Record: A motion was made by Vice Chair Gort, seconded by
Commissioner Carollo, and was passed unanimously, to appoint Leroy Jones as a
member of the Code Enforcement Board, further waiving the residency
requirements of Section 2-884(a) by a four/fifths
(4/5ths) vote of the members of the City Commission, as it relates to Leroy Jones as
a member of the Code Enforcement Board.
Commissioner Hardemon: I have a quick question. So for the Code Enforcement
Board, I still have an appointment, correct?
Nicole N. Ewan (Assistant City Clerk): For the Task Force?
Commissioner Carollo: No, no.
Commissioner Hardemon: No, no, no. I thought --
Commissioner Carollo: For the board. We have the board.
Commissioner Hardemon: -- we're still on the Task Force? I thought we were on --
City of Miami Page 159 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Ms. Ewan: No. We're on Code Enforcement Board.
Commissioner Carollo: Yeah.
Commissioner Hardemon: For Code Enforcement Board.
Commissioner Carollo: Yeah.
Ms. Ewan: Yes. You do have a vacancy on that board.
Commissioner Hardemon: Right. Does it need to be advertised again before I make
my appointment?
Ms. Ewan: No, it does not.
Commissioner Hardemon: Okay. And so, I can give you a name?
Ms. Ewan: Yes, you can.
Commissioner Hardemon: I would like for a former member named Leroy Jones to
be appointed to the Code Enforcement Board. And if -- is there a requirement for
them to live within the City of Miami for Code Enforcement Board?
Ms. Ewan: For Code Enforcement Board, yes, you do have to be a resident.
Commissioner Hardemon: Right. And is it possible to have residency waivers for
that board?
Ms. Ewan: I would defer to the City Attorney.
Victoria Mendez (City Attorney): I don't believe so, but if you give me a minute,
we'll research that.
Commissioner Hardemon: Okay. So just move past it, then.
Commissioner Carollo: Yeah.
Ms. Ewan: We'll come back to that.
Later...
Commissioner Hardemon: I have a motion.
Commissioner Reyes: Go home.
Ms. Mendez: I have the answer.
Commissioner Hardemon: I have a motion to appoint Mr. Leroy Jones to the Code
Enforcement Board, along with a -- it has to be a 5/5 term waiver -- I mean a 5/5
residency waiver?
Ms. Mendez: Yes.
Vice Chair Gort: Move it.
Chair Russell: It's been moved by Commissioner Gort.
City of Miami Page 160 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
Commissioner Carollo: Second.
Chair Russell: Seconded by Commissioner Carollo. All in favor, say, "aye. "
The Commission (Collectively): Aye.
Chair Russell: Motion passes. Any further business? Thank you very much,
gentlemen.
Commissioner Reyes: Go home and get some rest.
Chair Russell: And thank you, everybody. Have a good night.
NA.6 ATTORNEY-CLIENT SESSION
5780
UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE
Clerk CONDUCTED AT THE THURSDAY, APRIL 25, 2019, MIAMI CITY
COMMISSION MEETING. THE PERSON CHAIRING THE
COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION IN THE MATTER OF FLAGSTONE
ISLAND GARDENS, LLC AND FLAGSTONE DEVELOPMENT
CORP. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44, PENDING
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY
A PARTY. 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 KEN RUSSELL, VICE-CHAIRMAN WIFREDO
"WILLY" GORT, AND COMMISSIONERS JOE CAROLLO,
MANOLO REYES, AND KEON HARDEMON; GONZALO
DORTA, ESQ.; MATIAS DORTA, ESQ.; LAURA
BESVINICK, ESQ., AND JULIE NEVINS, 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
Citv ofMiami Page 161 Printed on 06/11/2019
City Commission Meeting Minutes April 11, 2019
ADJOURNMENT
Victoria Mendez (City Attorney): I need to read a script for a request for an
attorney-client session for next time, for our April 25 meeting.
Commissioner Carollo: Okay.
Ms. Mendez: And I also wanted to give a shout out to my birthday twin, Annie
Perez. It's her birthday, as well, tomorrow, so I wanted to give a shout out to that.
Commissioner Carollo: Yeah.
Vice Chair Gort: Yay. Happy birthday.
Commissioner Reyes: Yay. Happy birthday.
Ms. Mendez: Happy birthday, Annie.
Commissioner Reyes: (UNINTELLIGIBLE).
Ms. Mendez: Mr. Chairman and members of the Commission, pursuant to the
provisions of Section 286.011(8) Florida Statutes, I am requesting that at the City
Commission meeting of April 25, 2019, attorney-client session closed to the public
be held for purposes of discussing the pending litigation in the matter of Flagstone
Island Gardens, LLC (Limited Liability Company) and Flagstone Development
Corp. versus City of Miami, Case Number 17-13829 CA 44, pending in the Circuit
Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the
City is presently a party. The subject of the meeting will be confined to settlement
negotiations or strategy sessions related to litigation expenditures. The private
meeting will begin at approximately 10 a.m., or as soon thereafter as
Commissioners' schedules permit, and conclude approximately one hour later. The
session will be attended by members of the City Commission, which include
Chairman Ken Russell, Vice Chairman Wifredo Gort, and Commissioners Joe
Carollo, Manolo Reyes, and Keon Hardemon; Gonzalo Dorta, Esquire; Matteo
Dorta, Esquire; Laura Bezvenik, Esquire; and Julie Nevins, Esquire. A court
reporter will be present to ensure that this session is fully transcribed, and the
transcript will be made public upon the conclusion of the litigation. At the
conclusion of the attorney-client session, the regular Commission meeting will be
reopened, and the person chairing the Commission meeting will announce the
termination of the attorney-client session. Thank you.
Chair Russell: Thank you.
The meeting adjourned at 7:18 p.m.
City of Miami Page 162 Printed on 06/11/2019