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HomeMy WebLinkAboutCC 2019-05-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com TY EDI6 Ar T i * INC0RP CBATE0 1 is 08 0__ It__ �r Meeting Minutes Thursday, May 23, 2019 9:00 AM Planning and Zoning 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 May 23, 2019 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon. On the 23rd day of May, 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 9:01 a.m., recessed at 2:16 p.m., reconvened at 4:18 p.m., and adjourned at 5:04 p.m. Note for the Record: Vice Chair Gort entered the Commission chambers at 9:02 a.m., Commissioner Hardemon entered the Commission chambers at 9:20 a.m., and Commissioner Carollo entered the Commission chambers at 9:35 a.m. ALSO PRESENT. Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Russell: (INAUDIBLE), everyone. Welcome to the May 23, 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 Emilio T. 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 Reyes, led by the pledge of -- and the pledge of allegiance, led by myself. Thank you. All rise, please. Commissioner Reyes: Please bow our heads. (Invocation and pledge of allegiance delivered) Chair Russell: Thank you very much. Good morning, Mr. Vice Chair. PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PRA PROTOCOL ITEM 5909 Honoree Presenter Protocol Item Safe Boating Week Mayor Suarez and Commissioner Gort Proclamation Miami Bayside Foundation Mayor Suarez Proclamation A Safe Haven for Newborns Mayor Suarez and Commissioner Russell Proclamation Julia Dawson Mayor Suarez Salute RESULT: PRESENTED M1 City of Miami Page I Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 1) Mayor Suarez and Commissioners presented a Proclamation to pay tribute and bring attention to important life-saving skills and to promote Safe Boating Week. Safe Boating Week strives to provide tips for recreational boaters to ensure that they have a safe and fun experience on the water. On average, 650 people pass away each year in boating -related accidents in the United States. Often, boating -related accidents occur due to a human error, instead of equipment failure or environmental factors. Actions, such as wearing a life jacket, significantly increases the chances of surviving a boating accident. The City of Miami encourages its residents to safely enjoy boating -related activities throughout the year. The Elected Leadership paused in their deliberations of governance and thereby, proclaimed Thursday, May 23, 2019 as "Safe Boating Week" in the City ofMiami. 2) Mayor Suarez and Commissioners joined the Miami Bayside Foundation to pay tribute to forty-one (41) students commending them for their dedication and commitment to education. The students were recognized with Certificates of Merit for their outstanding performance in the successful completion of the academic programs in their respective schools. Elected Officials paused in their deliberations to honor their talents and enthusiasm for academic excellence, and wished them success in their college studies. 3) Mayor Suarez and Chair Russell presented a Proclamation to Safe Haven for Newborns. Safe Haven for Newborns was created by the Gloria M. Silveiro Foundation, a not profit organization for newborns to address tragic cases of infant abandonment that occur across the United States. Safe Haven for Newborns provides a safe and legal solution to the quandary of parents of such children, saving lives of infants in danger of abandonment. The organization provides counseling and works with a variety of professionals to address the conditions and situations leading to potentially tragic pregnancies and births, contributing to a creative solution for this significant social problem. Safe Haven for Newborns affirms that every life is precious and worthy of a promising future. Safe Haven for Newborns has performed a unique service to the communities of this City and provides vital leadership for others in our society who seek a solution to the tragedy of infant abandonment. The Elected Leadership paused in their deliberations of governance and thereby, proclaimed Thursday, May 23, 2019 as "Safe Haven for Newborns" in the City ofMiami. 4) Mayor Suarez recognized Ms. Julia Dawson. Ms. Dawson has participated in the Civil Investigative Panel (CIP) and promoted civil rights in Miami since 2001. Ms. Dawson worked with The Coalition, a group of organizations that organized and planned for the first Charter Amendment in 2001 requiring the City of Miami to have a Civilian Oversight board. She further participated in the subsequent amendments to the Charter and Ordinance that occurred in 2016. Furthermore, she has attended the majority of the meetings and provided valuable feedback to the staff and members of the panel. The Elected Leadership paused in their deliberations of governance to honor Ms. Dawson and thank her for contributions to the City ofMiami. Chair Russell: We'll now make the presentations and proclamations. (Presentations and proclamations made) Later... Chair Russell: We're going to give further proclamations, and recognize the Bayside Foundation. I'll hand the mike to the Mayor, please. Good morning, Mr. Mayor. Mayor Francis Suarez: Thank you, Mr. Chair. (Presentations and proclamations made) City ofMiami Page 2 Printed on 07122/2019 City Commission Meeting Minutes May 23, 2019 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Planning and Zoning - Mar 28, 2019 9:00 AM ORDER OF THE DAY MOTION TO: Approve RESULT: APPROVED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissic AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Chair Russell: Moving back to the regular agenda. All right. We have the minutes of the Planning and Zoning March 28 meeting, 2019. Can I get a motion on that, please -- Commissioner Hardemon: So moved. Chair Russell: --AM]? Vice Chair Gort: Second. Chair Russell: There's been a motion; seconded by Commissioner -- Vice Chairman. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Chair Russell: We have a couple proclamations left, but I'd like for the Mayor to be present for that, as he's presenting those, so while we wait for that, I'll have the City Attorney go ahead and read the procedures for the meeting. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office, or online at municode.com. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this Code section is available in the City Clerk's Office, or online at municode.com. 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 miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period, or at any other designated time. When addressing the City Commission, the member of the public City of Miami Page 3 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for 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 miamigov.com. No cell phones or other noise -making devices are permitted in the 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 the 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 the chambers. Any person with disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Mr. Chairman, do you want the Administration to announce which items are being --? Chair Russell: Not at this point. Later... Commissioner Reyes: Mr. Chair, I have to leave, because -- Chair Russell: We're all hungry. We're going to lunch. Commissioner Reyes: -- I already missed one plane; I don't want to -- Chair Russell: I apologize for that. Commissioner Carollo: The only request that I make, since we're going to be short Commissioners -- you're going to be back when, or are you? Chair Russell: I'm bringing us back -- Commissioner Carollo: Commissioner Gort? Vice Chair Gort: (UNINTELLIGIBLE). No. Chair Russell: Yeah. Vice Chair Gort: I'll be back. I don't have to go anywhere. Commissioner Carollo: Okay. Well -- Chair Russell: I'm bringing us back at 4 o'clock. Vice Chair Gort: (UNINTELLIGIBLE) killed my plans. Commissioner Reyes: (UNINTELLIGIBLE) plans? Commissioner Carollo: I won't be able to get back until probably 5:30 or so. City of Miami Page 4 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: Are there any items you'd like us to defer until (UNINTELLIGIBLE) ? Commissioner Carollo: Yeah, I -- well -- Chair Russell: Not defer; table. Commissioner Carollo: -- we're short -- Commissioner Reyes, before you go, you could bring me a souvenir wherever you're going, since the Mayor didn't bring me one. Commissioner Reyes: I'm going (UNINTELLIGIBLE). Commissioner Carollo: No. Bring me one of those little Statue of Liberties. Commissioner Reyes: I'm going to bring you a Statue of Liberty. Commissioner Carollo: The new Statue of Liberty. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Carollo: I'd like to defer some items. Chair Russell: We haven't actually even done the order of the day yet; we're taking that up at 4 p.m. Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: We're taking that up at 4 p.m. Which items would you like deferred? Commissioner Carollo: Well, the --14 -- excuse me; we did 14. Chair Russell: Yes. Commissioner Carollo: 13, which is the Melreese issue that was there; 9, 10 -- RE. 9, RE. 10, RE. 13, RE. 6 -- Chair Russell: No, we won't be able to bring them back (UNINTELLIGIBLE) this afternoon. Commissioner Carollo: -- FR first reading) -- DL2, D3 [sic], FR.2. So if there could be a motion deferring these until we have a full Commission? Chair Russell: All right. So even if you do come back at 5, we won't be able to take them up. Commissioner Carollo: Well, we won't have a full Commission then. Chair Russell: Commissioner Reyes has expressly told me which ones he wants deferred while he's not here. He doesn't need to be present for any of the others. Commissioner Carollo: Okay. Well --but we do need a full Commission for some of these, frankly, and there's nothing here that can't wait in any of these. City of Miami Page 5 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: All right. There's been a motion to defer RE. 6, RE. 9, RE. 10, RE. 13, FR.2 -- that's my item; I'd like to see it go through today. I don't see a problem with it. Commissioner Carollo: Well, I do, because it's very complicated, and I need to go through it and make sure that it's understood well, and some additional things that might be needed there. Chair Russell: Fair enough. It does affect a property in your district, as well, so fair enough. DI -- Commissioner Carollo: I don't know what it affects; that's why I'm trying to find out. Chair Russell: Understood. Then DI.2, as well -- Commissioner Carollo: Yeah. Chair Russell: -- and D3.1. Commissioner Carollo: Right. Chair Russell: Is there a second? Second by Commissioner Hardemon. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Todd B. Hannon (City Clerk): And it's deferred to the June 13 meeting -- Chair Russell: Just -- Mr. Hannon: -- all those items? Chair Russell: Yeah, the next -- Mr. Hannon: June 13, that's the next City Commission meeting. Commissioner Carollo: Yeah, yeah, yeah. Right, right, right, right. Chair Russell: Two weeks. Yes, please. All right. Commissioner Carollo: The --I should be back for some of these that -- there 's one in my district, but it's PZ (Planning and Zoning); we can't do that until we go to PZ, so we can't defer it, butt should be back for all that -- Chair Russell: Got it. All right. Commissioner Carollo: --and PZ. Chair Russell: We're meeting back here at 4 p.m. Mr. Hannon: And then, Chair, just for the record, Commissioner Reyes wanted to be a co-sponsor of EM. 1. Chair Russell: Good. City of Miami Page 6 Printed on 07122/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Carollo: What's that? Chair Russell: The one we just passed. Commissioner Carollo: Oh, okay. Chair Russell: We'll see you all back at 4 p.m. Thankyou very much. Commissioner Carollo: Thank you. I'll be back at about 5:30, no later than 6. Chair Russell. Correct. Commissioner Carollo: Okay. Later... Chair Russell: We'll take up first the order of the day for the regular agenda, and we'll dispense with the regular agenda. I'll also take up the order of the day right afterwards, for the Planning and Zoning agenda, so we know what we're dealing with, and we don't waste any more of anyone's time. Mr. Manager. Emilio T. Gonzalez (City Manager): Thank you. Chair Russell: Which items would you like to defer, continue, or withdraw? Mr. Gonzalez: Yes, sir. Good afternoon. To be withdrawn, PH.], bid waiver for Formula I World Championship. That's PHI to be withdrawn. RE.], to be withdrawn; addition of Bicon commercial solid waste franchise agreement. And to be deferred, RE.8, the Julio Dotel settlement. Those are the only three. And I believe, sir -- Chair Russell: To what date? Mr. Gonzalez: -- I believe you deferred some from the dais before lunch. Chair Russell: Correct. For RE.8, what date would you like to defer to? Mr. Gonzalez: Next meeting, sir. Chair Russell: Two weeks from now. Mr. Gonzalez: Yes, sir. Chair Russell: Okay. Todd? Vice Chair Gort: The other referrals [sic]? Chair Russell: Thank you. So that is -- Vice Chair Gort: The other ones. The other deferrals. Chair Russell: The other ones, we already did. Vice Chair Gort: Defer. Mr. Gonzalez: They already -- City of Miami Page 7 Printed on 07122/2019 City Commission Meeting Minutes May 23, 2019 Vice Chair Gort: Yeah, but I don't have them; sorry. Chair Russell: Okay. So I'll let you know just now; or, Todd, if you 'd like to? Todd B. Hannon (City Clerk): Yes, sir. So before we recessed for lunch, Items RE. 6, 10, 9, 13, FR. 2, DL 2, and D3.1 were deferred to June 13. Vice Chair Gort: Just before D1.2, which one? You have RE -- the last, I have 13. After that, what came? Mr. Gonzalez: FR.2, sir. Vice Chair Gort: FR.2, okay. Chair Russell: Yes. That was my ordinance, reinstating the Interim Parking Program. We're going to defer that. That was two weeks, as well, right? Yeah. Mr. Hannon: And, Chair, if-[ may, as part of the order of the day, the person who's here for their personal appearance would like to have it deferred to June 13. Chair Russell: Perfect. We'll add that one on, please. Mr. Hannon: And Commissioner Carollo asked that we wait on -- to address RE. 17 until he got back. Chair Russell: So RE. 17 we'll table; that doesn't need an action at the moment. Mr. Hannon: Correct. Chair Russell: Gentlemen, are there any items you would like to see withdrawn, deferred, or continued from the regular agenda; not the Planning and Zoning? Good? Is there a motion then to defer PA. 1, withdraw PH -- PA. 1, withdraw PH. 1, withdraw RE. 1, defer RE.8 to the next meeting? And I believe that's it. Vice Chair Gort: Move it. Chair Russell: Its been moved by Commissioner Gort; seconded by the Chair. Is there any further discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: All opposed? Motion passes. City of Miami Page 8 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Russell: Okay. Vice Chair Gort: I'd like to move the -- Commissioner Hardemon: We haven't done -- Chair Russell: Now -- Commissioner Hardemon: --public comment yet. Chair Russell: Yes, and that's what we're about to do here. For all remaining items on the regular agenda, I'm going to open up public comments. We're not doing them one at a time. The reason we did it in the morning was because of the veto; we got backed up, and then we were trying to get in one or two items before lunch, since we took public comment on those separately. But right now I'd like to open up the public comment that should have normally happened at 9 a.m., for all the remaining items on the regular agenda, the non -PZ (Planning and Zoning) agenda, and that is the CA (consent agenda) agenda, the PH (public hearing), the REs (resolutions), the -- and the second and first reading ordinances. So if there's anyone here to speak on any of the items remaining on the regular agenda, please approach the lectern. Nobody? All right. So we will close public comment, and then let's take up the entire CA agenda. Commissioner Hardemon: We have one young lady. Emilio T. Gonzalez (City Manager): Mr. Chairman, we have one. Chair Russell: Hello. Oh, you're very welcome. I'm sorry; I didn't see you. Luisana Hung Salazar: I'm sorry. I just wanted to -- this is my first time here; very impressed. Thank you for the job that you all take on behalf of all the citizens. Chair Russell: Thank you. Ms. Salazar: Thank you. I just wanted to speak on behalf of the resolution, PH.4, which is being led by Commissioner Gort. Thank you so much. I represent Residential Plaza. It's an assisted living facility. We serve 350 low-income older adults in the community. And there is a resolution being voted on providing some funds to be able to install a generator that will allow us to provide a safe environment in emergency situations. Thank you so much; this is much needed, and these are the most vulnerable in our community, so we appreciate your efforts to keep them safe. Thank you. Commissioner Hardemon: Tell us your name. Chair Russell: Thank you very much. Ms. Salazar: Thankyou, Commissioner. Commissioner Hardemon: Tell us your name. Todd B. Hannon (City Clerk): Chair, I'm sorry; the speaker's name? Ms. Salazar: Oh, I'm sorry. Luisana Hung Salazar. City of Miami Page 9 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: Thank you, Luisana. Ms. Salazar: Thank you. Chair Russell: Is there anyone else here who'd like to address the dais and the public regarding the morning's agenda? Seeing none, I will now close public comment on the regular agenda. City of Miami Page 10 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 MV - MAYORAL VETOES MV.1 RESOLUTION 5653 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING THE APPEAL FILED BY Planning MICHAEL SPRING, SENIOR ADVISOR, OFFICE OF THE MAYOR, DIRECTOR, DEPARTMENT OF CULTURAL AFFAIRS, MIAMI-DADE COUNTY ("APPELLANT") AND REVERSING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL, PURSUANT TO SEC. 23-6.2(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE RESTORATION OF AN EXISTING STRUCTURE AND NEW CONSTRUCTION OF A THREE HUNDRED (300) SEAT THEATER, A PARKING STRUCTURE, AND EXTERIOR SPACES WITH LANDSCAPING TO A PROPERTY LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY, MIAMI, FLORIDA, 33133, A LOCALLY DESIGNATED HISTORIC SITE KNOWN AS COCONUT GROVE PLAYHOUSE WITH THE FOLIO NUMBER 0141210450140. ENACTMENT NUMBER: R-19-0169 Note for the Record. A motion was made by Commissioner Carollo, seconded by Commissioner Reyes, to override the mayoral veto, which FAILED by the following vote: AYES: Commissioners Carollo and Reyes; NOES: Chair Russell, Vice Chair Gort and Commissioner Hardemon. As a result, the mayoral veto is deemed sustained. Note for the Record. For directive referencing ME 1, please see item NA. 1. Chair Russell: All right, we'll now begin the regular meeting. We're going to wait a minute, just to clear the room. While we're waiting, I'd like to recognize Miami -Dade County Mayor Carlos Gimenez; thanks for joining us. You're very welcome. We'll now begin the regular meeting. Order, please. Everyone find your seats. Mr. Clerk, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Good morning, Chair. Yes, there is one mayoral veto to be considered by the City Commission. Mayor Suarez has vetoed Resolution R-19- 0169 that was passed at the May 8, 2019 special City Commission meeting. Resolution R-19-0169 pertains to a resolution of the Miami City Commission, with attachments, granting the appeal filed by Michael Spring, Senior Advisor, Office of the Mayor, Director, Department of Cultural Affairs, Miami -Dade County, Appellant, and reversing the decision of the Miami Historic and Environmental Preservation Board's denial, pursuant to Section 23-6.2(b)(4) of the Code of the City of Miami, Florida, as amended, of the application for a special Certificate of Appropriateness for the restoration of an existing structure, and new construction of a 300 -seat theater, a parking structure, and exterior spaces with landscaping to a property located at approximately 3500 Main Highway, Miami, Florida 33133; a locally - designated historic site known as Coconut Grove Playhouse, with the Folio Number 0141210450140. Thankyou, Chair. City of Miami Page I1 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 Chair Russell: Thank you very much, Mr. City Clerk. We have procedures to deal with the mayoral veto, and it does involve public comment, with or without a motion on the veto. So what we will do at this point is open the floor for public comment. Anyone who is here who would like to speak on the veto is welcome to approach either of the lecterns. You'll have two minutes to speak. We ask that you honor those two minutes for the efficiency of this meeting. You'll hear a little "beep" at the 30 - second point. We ask you to start wrapping it up at that point. Very important to note, we are potentially making a motion with regard to a Mayor's veto of an appeal in a quasi-judicial issue with regard to a HEP (Historic and Environmental Preservation) Board decision. What that means is, if an appeal is filed on this veto or on that appeal to a higher court, what we discuss today is very important. We are not looking here to introduce new evidence into the appeal or the HEP Board decision. We're not looking to re -litigate the issue. If you've been here before and spoken on this issue, your comments are on the record. You do not need to repeat yourself. You are welcome here as a member of the public to use your two minutes, but that sort of information won't sway the decision of this board one way or the other; it's on the record, and we have been through that. If there is new information that you feel will sway this board, it's important to note that that is not exactly what we are deciding on today. The appeal happened in a silo. The evidence that was given during that appeal is what the appeal was -- what the motion was made on that appeal and the decision of this board, and the veto was made based on that motion and that decision. So new information today is not what we're looking to consider in whether or not to weigh the veto of the Mayor, but you're all welcome to your two minutes. You've very welcome here. This is your house; and so, we are here to listen. That being said, I'll start over here and -- Mr. Hannon: Chair -- Chair Russell: I'm sorry, Mr. -- Mr. Hannon: -- my apologies. I just need to administer the oath before we begin public comment. Chair Russell: Okay. Mr. Hannon: Thank you. Good afternoon, ladies and gentlemen. If you will be speaking on the mayoral veto item -- only on the mayoral veto item -- may I please have you stand and raise your right hand? (The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony.) Mr. Hannon: Thank you, Chair. Chair Russell: Thank you very much. Good morning. Thomas Johnson: Good morning. Thank you. My name's Thomas Johnson, and it's an honor to speak in front of you. I am here to support the Mayor's veto, and the reason is, I've lived in Miami since 1992. I used to go to Coconut Grove back in the early '90s, when it was a very vibrant place, and I don't see that anymore. I think what the Commission needs to consider is the vision for what you want Miami to be in the future. I think a fully restored playhouse would be a very special, unique thing for the City of Miami. I think it would attract large crowds if it was run properly, as in the past, when you had performers, such as Denzel Washington, Kathleen Turner, Lisa Minelli acting there. I think Miami is ready for this. Miami has embraced the arts; you can see by the success of Art Basel, and so forth, that Miami can successfully do this. Other cities have done this. I used to live in Phoenix, Arizona. City of Miami Page 12 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 They have a large theater there called the Orpheum, which is actually 1,300 seats that was built in the 1920s, and is very successful. I see with the County's plan that there's going to be just more retail space and a small theater. I think the small theater is a great idea. I like the alternative plan, the Coconut Grove Playhouse Foundation plan that actually restores the whole theater, and also has a smaller theater for local productions. I've been to Joseph Adler's productions, and they're excellent. So a couple things I've read is, there is no alternative plan, but if you go to the Coconut Grove Playhouse Foundation website, there's a very detailed alternative plan. Also, I've heard that there's no funding for the restoration of the playhouse, but I don't think that's true. I think -- I voted in the 2004 referendum to restore the Coconut Grove Playhouse, and the $20 million of taxpayer money -- Chair Russell: Thank you. Mr. Johnson: --was to go to that. Thank you. Chair Russell: Thank you very much. Could we hold on the demonstratives until the speaker that's presenting those items is up, please? Yeah, because they -- the audience can't see; and so, we'll bring it -- we're alternating lec -- sorry. We're just alternating lecterns and then what we'll --it won't eat up your time. We'll let you set up so that it doesn't eat up any of your time at all. Commissioner Reyes: Sir? Chair Russell: Yes. Commissioner Reyes: Just -- excuse me. This is the first time that I am before a veto or whatever. Are we going to deal with the merits of the development that -- of the project of the County, or are we going to deal with the merit of the veto? Because what I do understand, we are -- what we are doing here is, either we're going to either override or do nothing, or accept the mayoral veto that has to solely do with the appeal by the County, and that the -- I mean, the -- what was granted was the appeal on the auditorium site of the playhouse; that it was not considered historic, because of the conditions that -- or whatever -- and you voted, because you thought that it had some historic aspects. But I'm not -- I don't want to cut anybody short, but what I don't want is that what I'm hearing is the same thing that I heard before. Chair Russell: Correct. Commissioner Reyes: And that is not what we're treating here; it is my opinion. My opinion is the veto, based on that the Mayor considers historic the auditorium site, or is it an historic or not; if we consider it historic or not. That's it. Chair Russell: Yes. So the procedure for today --a motion can be placed at anytime, and if there's a second, we take it up. But regardless of the motion or not, we do have to take up public comment, so I just need to -- Commissioner Reyes: Yes, yes, but what I'm saying is that can we limit it to, you see, that area, that part? Chair Russell: Yes. And that's what my guidance was -- Commissioner Reyes: Yes. Chair Russell: -- to the public; that we're not re -litigating the issue; that we're not going through all the facts of the issue, but the public does have their two minutes to speak. City of Miami Page 13 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Reyes: Yes, I know they could -- Chair Russell: Yeah. Commissioner Reyes: -- have their two minutes, but what I want to know is if we have to take into consideration the -- Chair Russell: No. Commissioner Reyes: -- what they have said before. Chair Russell: What our decision is to be based on today is the facts of the appeal as they were -- Commissioner Reyes: That's right. Chair Russell: -- placed before us. Commissioner Reyes: It's -- only a question. Chair Russell: Yes. Commissioner Reyes: Is it historic or not? That's it. Chair Russell: Yes. Thank you. Next speaker, please. Victoria Mendez (City Attorney): And we would like to reiterate, based on Commissioner Reyes' information, everyone, please limit it to the veto. Obviously, the County will have a lot more leeway, Mr. Mayor. Thankyou -- because they're the applicant. So everyone, please; if not, you will be cut off if it's not limited to the veto, okay? Thank you. John Nordt: Hi. I'd like to thank the Commissioners for their work and their diligence on going forward. I'd like to support the veto. My name is John Nordt, 3580 Royal Palm, Coconut Grove, my whole life. Remember, today, May is National Preservation Month, so we have a little reverence for that. Again, per Commissioner Reyes' comment, National Register of Historic Places, historically significant architectural elements intact, and the facgade is not a separate building. The County plan violates the Secretary of Interior's Guidelines for Historic Properties, and I will give supplementary information to the desk over there when we're done. $2 million in special category grants would not be available if it is -- reaches demise, and other local State or Federal historic funds and tax credits are not available for construction if it meets its demise. I took the telephone survey on Poll I that has not been talked about before to renovate a newly restored language. There was nothing mentioned about demolishment. I took this two years ago. I knew more about the playhouse than the person asking me the question. The way it was phrased was an impossible answer. I would like to bring attention to social media, which has done 422 respondents, and they had a significant 96 percent to restore the playhouse. So it depends on how you split the poll. I would like to mention one more thing. In today's paper, open mike, Miami Herald, Arnold Middleman writes a letter to the editor, recalling Herman Welk and Carnival at the playhouse. Herman Welk just died at 102. And Arnold Middleman talks about the playhouse in this letter to the editor today in the Herald. It's a significant cultural icon for Coconut Grove. I'm going to drop this information, which is supplementary information for all the comments that are going to be made, and thank you very much. Chair Russell: Sorry, we're alternating. Mr. Mayor. City of Miami Page 14 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Miami -Dade County Mayor Carlos Gimenez: Yeah. I want to make sure that my IT (information technology) guy put up some images and -- Chair Russell: Thank you. Take your time. We'll get the --I believe they want to put up some -- Mayor Gimenez: Don't worry about the easels. The images are on -- the images can be broadcast. Don't worry about the easels. Chair Russell: All right. So then, let's get the easels down so the public can see. Thank you very much. Thank you, Mr. Mayor. Mayor Gimenez: And I shouldn't be much longer than two, maybe three minutes. Okay. All right. So my name is Carlos Gimenez. I'm the Mayor of Miami -Dade County, 111 Northwest 1st Street, Miami, Florida. Here we go again. After more than 30 public meetings about the playhouse, and years of hard work, I urge you to override Mayor Suarez' veto of your support for the County plan and the Coconut Grove Playhouse Project. Our application for Certificate of Appropriateness and our testimony established a compelling record for the approval of our project; not going to repeat all that today. Yesterday, I sent you a letter, highlighting the errors and the fatal flaws in the City Mayor's veto statement, both legally and factually. Those reasons do not justify this veto, and I want to place that letter into the record. But just for a moment, let's use our eyes and common sense. Our project restores the historic front building -- not a fagade -- the building in its entirety. This is the very building that Mayor Suarez used as a backdrop for his veto announcement to suggest that we were demolishing the playhouse. That's what it will be restored to. That's the iconic structure that we all consider to be the playhouse. I believe that's even the structure that the gentleman had on his T-shirt. Nothing could be further of the truth that we're going to demolish that building. We're actually going to restore it back to its 1927 glory. We are carefully restoring that iconic architecture to 1927. Now, this is what has been seen from Main Highway and etched in the public's mind for almost a century. And this is what people think about when we talk about the Coconut Grove Playhouse, that image, and we're going to restore that building. And with our project, this is what people will continue to see and enjoy for years to come when this beautiful building is fully and carefully restored. Let's continue to look at the evidence. There are "before" and "after" pictures of the exterior of the back concrete box that Mayor Suarez would have us save; and so, I'd like to show what it is that we're talking about today. That's -- on top, that's what we're talking about. There's no architecturally significant element to what I call the back of the theater. That's what we're talking about. That's what this whole hoopla is all about; that structure back there. These are "before" and "after" pictures of the exterior of the back, the pictures of the landscaping, plazas, pocket park, and the restored architectural -- architecture and theater that our project creates. But your choice is even more stark than these pictures of the completely undistinguished back, and the sides of the playhouse building. It is about something wonderful happening to revive this magical place if you override the Mayor's veto. Or is it about nothing happening now, and perhaps for years and years to come if the Mayor's veto stands? It's not hard to imagine that this entire building will continue to suffer an awful fate if you do not approve our project, and if the property goes back to the State; what some call "demolition by neglect." Please do not let this happen. Our project restores and celebrates the historic architecture and brings theater back to the playhouse. It creates a place that is pedestrian friendly and welcoming to the Coconut Grove Business District and the West Grove. It provides a parking solution for theater- goers and the Business District patrons. And it can happen now. Together, we can happen -- make it happen now with your support. It is completely misleading to even suggest that there is another plan. There is no funding, not one cent, for any other plan. The County and FIU (Florida International University) have the lease on this City of Miami Page 15 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 property, and only the County and FIU have a lease on this property. We have more than $23 million of funds committed for the restoration of this theater. We have spent two years completing architectural drawings and going through all of the regulatory reviews. We have a partner in the Miami Parking Authority, with the advantage of no land cost and $9 million of funds dedicated to making parking an attractive investment. And people who suggest that we are ready to go are just plain wrong; unless you make them right, by stopping us again. I urge you to do the right thing for our entire community. Override the veto, and help us make this project a reality. When this episode of the playhouse legendary history is told, please be counted among the leaders that returned the Coconut Grove Playhouse to our community. Believe your eyes. Look at the record and the pictures of what is there now; this back and sides of a plain, hulking concrete shell; and then, look at what we can do together to bring life back to this home for great theater and this gateway to the corner of Coconut Grove. And as a Coconut Grove resident, I urge you to override the veto. And again, I also urge you to listen to the folks that say there's another plan and a foundation out there with another plan. There may be another plan, but there are no funds to go along with it. And as I've said on the record, if it is about the size of the theater, I am more than willing to accept $10 million from the City of Miami, which has been promised by certain political figures, and we'd be happy to make a bigger theater. But a bigger theater doesn't mean saving the concrete structure in the back. A bigger theater means making a new modern theater, and also re-establishing the iconic facade and the iconic building of the Coconut Grove Playhouse; that's what the people know as the Coconut Grove Playhouse. I don't believe it's the back structure -- the concrete structure that sits in the back. Thank you very much. Chair Russell: Thank you, Mr. Mayor. Commissioner Reyes: Can I ask the Mayor a question? Chair Russell: Of course. Commissioner Reyes: Mayor? Chair Russell: Mr. Mayor? Commissioner Reyes: Mr. Mayor, just for clarification -- because I have heard many people that come and said we want a 600 -seat auditorium, 800, a thousand, 400, 500. Who has the authority of -- over that -- I mean, that -- the playhouse? Who has the authority? Who has the last word of what is going to be built there? Because the only thing that we have -- the only power that we have as I do understand is that by declaring it historic, there are certain limitations -- I mean something -- kind of held hostage, you see. But it's -- there are certain limitations. But we don't own that, right? Mayor Gimenez: No. Commissioner Reyes: We don't own it. Mayor Gimenez: No. Commissioner Reyes: We cannot decide what type of auditorium we're going to have? Mayor Gimenez: The lease is --from the State is with FIU, and we're sub -lessee to FIU. It's a State -- it's Miami -Dade County and FIU, that's who controls the property right now. City of Miami Page 16 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Reyes: Because I want to clear this. If nothing happens, if you decide -- the FIU and the County decides that you're going -- you're not going to do anything, and it's going to be reverted to -- Mayor Gimenez: It'd revert back to the State. Commissioner Reyes: -- the State. Mayor Gimenez: Yes. Commissioner Reyes: Now, in order for another authority to take ownership of it, has to go through -- what? Mayor Gimenez: It'll go through surplus -- there's a surplus land process that they have at the State. The -- a university -- a State university and/or some other State entities that may be able to get the property for free; if not, even the County and the City would have to pay for the land to buy it. And that's -- Commissioner Reyes: Doesn't mean that we could go and take over it -- Mayor Gimenez: No. Commissioner Reyes: -- and build whatever we want? Mayor Gimenez: No. The only -- look, one of the reasons why -- Commissioner Reyes: Because I don't want to misinform the people. Mayor Gimenez: No. One of the reasons why FIU is involved is that they were able to get the property from the State for free. The County can't even get it for free. You have to pay fair market value. And so, if it goes back on the -- as a surplus property, it'll most likely go to the highest bidder, and then that highest bidder -- I don't believe that a -- they will consider a theater to be the highest and best use for that corner of Coconut Grove. We're the only ones that have this plan; we're the only ones that have this lease; we're the only ones that have any money. We have $23 million. A lot of people have said they can raise a lot of money for a number of years, and I haven't seen one penny being raised in addition to what we have in the County for this project, and that's why I urge you to override the veto. Chair Russell: Thank you, Mr. Mayor. Did you want to be recognized, Commissioner Carollo? Commissioner Carollo: Yes, I would. Mayor Gimenez, good morning. I don't know if maybe I should address this question to you, or Mr. Spring, but regardless who answers it, I think it's important that we get these facts out. As I understood, the County did a in-depth analysis, study of what was the appropriate size of a new playhouse that would pay for itself based upon the amount of people that would come. So my question is, if I'm correct in that assumption, my question would be, is how much more is it going to cost? Do you have any numbers, whether we have 100 more people than the 300; 200 more; 600 more? As I understand it, the studies that the County did shows that with a number of 300, that works out where we shouldn't have a loss, and it could pay for itself, the whole project that's being done. Mayor Gimenez: I could ask Michael Spring, our Director of Cultural Affairs -- Chair Russell: If we could -- City of Miami Page 17 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Mayor Gimenez: -- to come up and answer that. Chair Russell: -- and I apologize. What I'd like to do procedurally -- because I know we'll have a lot of questions for you all as the applicant -- if we could do the public comment of the non -applicant public first and go through, but I would like to clary -- very, very important for legal reasons -- our decision today cannot be based on the interior qualities of the theater itself. The number of seats cannot weigh into our factor as a Historic Preservation Board when we made the appeal; yet, and today as well, when we sustain or override a veto. Commissioner Carollo: I understand that, Mr. Chairman, but the point being is that the biggest argument that I'm getting nonstop is the additional seats that are in the back, so that's why I want to clarify that aspect. My decision is not going to be based on that; it's going to be based on what I find to be logical on this subject. Mayor Gimenez: Thank you very much. Chair Russell: Thank you. Mayor Gimenez: One final comment. Again, you know, we agree on a parking garage. We agree on restoring the iconic image of what the Coconut Grove Playhouse is in that structure, in that building. The -- this whole disagreement is based on the back of the house; the concrete -- that blue concrete structure you see has no architecturally significant elements, and we believe that we can do a heck of a lot better than that for the people of Miami -Dade County. Commissioner Reyes: Just a final question. If -- and I'm going to ask -- if, as Commissioner Carollo was inquiring about additional seats, whatever is going to be done, that building has to be demolished, right? Mayor Gimenez: Demolished, yeah, because that back structure doesn't work for modern theater. It actually didn't even work before, because that's why it went bankrupt. It's gone bankrupt more than once, right? All right. So -- Chair Russell: Order, please. Please, no comments from the audience, please. Commissioner Reyes: Just as a point of information -- Mayor Gimenez: Look, it went bankrupt, all right? Commissioner Reyes: You see, it's just a point of information. Mayor Gimenez: Yeah. Well, it doesn't work, because it wasn't built for that purpose. It was built to be a silent movie theater, and then it had different iterations and different lives throughout its history. It does not work for modern theater; it just doesn't. And so, that is what this whole argument today is, because before, it was about the size. Commissioner Reyes: Yeah, I mean, I don't want to touch that. Mayor Gimenez: Now it's about that; historic preservation -- Commissioner Reyes: Yes, sir. Mayor Gimenez: -- because even the folks that are part of the foundation originally wanted to demolish the back -- all right? -- and create two new theaters. But now City of Miami Page 18 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 they want to restore that, because this is the only vehicle that they have left to stop the problem. Commissioner Reyes: Two new theaters. How big each one? Mayor Gimenez: Excuse me? Commissioner Reyes: Two new -- Mayor Gimenez: They wanted -- the folks that we talked to -- I mean, are now -- we've been talking to them for years -- wanted a 700 -seat theater and a 300 -seat theater. Commissioner Reyes: Okay. Mayor Gimenez: But never restoring that, the back of the house; always had the restoration of the front, but never restoring the back. Now they want to restore the back, because this is the only avenue left to create a bigger theater. I've never been against the bigger theater. The problem is there is no money, and people have been telling us and have been promising that they could raise more money, and they haven't raised a cent. Again, I'd be willing to take the $10 million from the City of Miami at any time, and we can make a somewhat larger theater, but restoring the front and the parking garage, and then we can move forward. But even a larger theater, you would not restore the back of the house. Chair Russell: Thank you very much. Commissioner Carollo: Mr. -- Commissioner Reyes: I will prefer that those -- that people that are -- they claim that they can get funds from the private sector and donors that they contribute $10 million of the $20 million. Chair Russell: All right. Commissioner Carollo: Mr. Chairman? Chair Russell: Yes, Mr. Carollo. Commissioner Carollo: Before -- if they could put the pictures that they had up again for a second -- Chair Russell: Sir? Commissioner Carollo: -- of the back of the warehouse? Chair Russell: Sir -- it just disconnected, actually. Commissioner Carollo: Yeah. Can you put that back on, those pictures over there? I'd appreciate it. Thank you. Chair Russell: So after this part of the comment, what I'd ask is that we go through public comment, because I'm sure we will have questions for the applicant/appellant when we come to make our decision on whether there's a motion or not, whether there's a vote or not. Commissioner Carollo: Okay. City of Miami Page 19 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: But I would like to give the public their due before, because otherwise, we get into a bit of a roundtable -- Commissioner Carollo: Well, I understand. Chair Russell: -- discussion. Commissioner Carollo: I understand, and this is a quick observation. Chair Russell: Yes. Commissioner Carollo: If I hadn't been told that this was a picture of the back of the playhouse, this big picture that we have here, I would have thought that this is a warehouse in Hialeah, or somewhere else in, you know, the industrial zone of Miami - Dade. I mean, my God, we all have seen historical buildings in Miami, and if this looks like a warehouse, how in the world can I say that this part is historical? Chair Russell: Please, please. Commissioner, let's save the dais discussion for when and if there's a motion. I'd like to really reserve this time for public comment for those who are here to speak to us. And so, if that's okay with the applicant/appellant to wait till after the public comment -- is that all right? I'd -- that'll give you more fair time, I believe, rather than interspersing between the public. Thank you very much. Unidentified Speaker: Thankyou. Chair Russell: At the very least, during Miami Preservation Month -- what is it? -- Preservation History Month in Miami? Unidentified Speaker: Yes. Chair Russell: We're all sparring over who's the best preservationist here, right? In one way or another, I think we can celebrate that. Whenever you're ready. Jenifer Howard Zuh: Okay. Just give me one second. First of all, my name is Jenifer Howard. Thank you. I'm a resident, and born and raised herein the City for my whole life. I just wanted to quickly clarify what the Mayor's talking about. This boomerang -shaped pink front right there, that's what they want to preserve; that's why we're so upset, because once they behead the entire back of the building they can do whatever they want with that. That little piece up there is not going to save your neighborhood; it's not going to -- that piece can be anything you want it to be, so that's the big reason; plus, it's also a whole theater when it's the whole building. Let me just go back to my other slide. Okay. The National Historic Preservation Act celebrates its 53rd year. It is the law. It is the nation's most important advocate for the past. The quality of life in our cities and towns has been improved by a greater appreciation reflected in the law of such intangible qualities as aesthetics, identity, and legacy of the past. The distinctive character of historic districts became an antidote to the anonymous neighborhoods and strip malls. This is what they're proposing. Okay? And Section 267.061 directs the Florida Department of Environmental Protection Division of State Lands to evaluate potential alternatives when proposing the demolition of a historic site to determine that no feasible and prudent alternatives to the proposed demolition or alteration exists. So I would like to ask, Commissioner, has the State of Florida Department of Environmental Protection completed the required review of the alternatives when this demolition was proposed? I would like to ask that. I would also like to submit into record this product. It's widely known for its protective abilities. I don't know if the County knows about it, but the directions are inside. City of Miami Page 20 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: What is it that you're entering into the record? Ms. Howard Zuh: I'm submitting a product I'm not sure the County recognizes or knows about, but it's widely known for its protective abilities in preserving historic buildings. I don't think that they've seen it, and I've never seen one on the playhouse for the last 13 years. Chair Russell: Thank you very much. Ms. Howard Zuh: But I'd like to -- Chair Russell: Of course. Are you complete with your public comment? Ms. Howard Zuh: Yes. Konrad Dabrowski: Yes. Chair Russell: All right. Mr. Dabrowski: Good morning. My name is Konrad Dabrowski. Chair Russell: One moment. I lost him. I wanted to recognize another elected official I saw out there, but I guess I don't see him anymore. All right. Please go ahead. Mr. Dabrowski: Thank you, Commissioner. My name is Konrad Dabrowski, and I'm a resident of Charles Avenue, so one of the few people, I'm sure, here that actually live next to the playhouse and are going to face pretty direct consequences of this -- those decisions, including the increased traffic. And I strongly urge Commissioners to override this veto for a couple of reasons. I kind of -- this is my first time, by the way, here, and I felt encouraged to speak out, just based on observation of what has been happening lately. And, you know, as mesmerizing that horror show in DC (District of Columbia) is, I think it's partially driven by fact -- that there is a fact -- less fact free debate driven by emotions, and I understand that is happening also here, because we're talking about a very emotional, sentimental issue around here. But when I look at the facts --I'm a numbers guy. When I hear people talking about a large theater somewhere, other places than in Miami, well, we have evidence that the big theater failed financially a couple times over here already, I'm asking myself, "Why even we're having this debate?" Right? In any other circumstances, we would have gone with the County's plan. And that's another point that I wanted to bring. The vantage point of the community that actually lives there and appreciates the County's plan in a way that some people might not -- right? -- as opposed to the very large theater that I think is part of the -- you know -- people who are opposing here, and it gives additional living space to people; the people in West Grove or nearby streets need -- right? -- like parks, little pocket park, plaza promenade, and stuff like that. I mean, there's nothing wrong with the mall, you know. In fact, I can go with my family there and spend some time, and sit with my baby. I mean, there's a bunch of other things that make this sense -- make this plan a perfectly viable option. And, you know, like Mayor said, I don't think there is any financially viable plan that's been submitted. So in a financial decision like that -- I'm going to be living there for decades to come, right? I have nothing against older generations, but old people protesting against the County's plan, you know. I mean, look at the crowd. I have nothing against that; just, you know, I'm going to have to live with those consequences -- Chair Russell: Thank you. City of Miami Page 21 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Mr. Dabrowski: -- if that plan fails again in 10, 12 years. Chair Russell: Thank you. So you're in favor of an override? Mr. Dabrowski: Yes, please. Chair Russell: Thank you very much. Next speaker, please. Steve Massey: Hi. My name is Steve Massey. I live across from the theater in Avatar; practicing attorney in the State of Florida. With all due respect to the County Mayor, I would just like to note that if you paint a historic picture on a pig, it's still a pig. I'm here really to question -- trying to find information in the public record. I really have a question. I see that there's a letter from the Florida Department of Environmental Protection, dated August 29, declaring the County in default of its lease. Under the lease, which I've read, there's a 120 -day cure period. The clause that the State has said that the County is in default is because they've missed their timeline. Looking across the theater, I note that the timeline has still not been met. So, therefore, unless there's been a new lease executed or a waiver letter, there's no more lease. I mean, the lease is clearly in default. The 120 -day cure period is over. The County has not met the timelines, which is what was quoted as a default in this letter. So I question whether the County has standing to appear before the City to argue for this playhouse in the first place, or to challenge any decision by the City in any competent court of jurisdiction in this State without a valid lease. Secondly, I'd just like to say for the record that having read the MOU (Memorandum of Understanding) between the County and the Parking Authority, I note that the County's plan is not fully funded. Actually, they used the $20 million from the bond issue, which, again, is supposed to only be used for restoration of the theater, specifically, in the bond issue. So technically, they don't have that money. But if they had that money, they could replace the -- they could construct the theater there, which is in yellow. The Parking Authority does have the money to build a parking garage, but there's no money to do the items in blue. There's no money to do the historical fagade -- Chair Russell: Thank you. Mr. Massey: -- that is the painting on the pig. Now, and where the money's supposed to come from was originally some developer that was magically going to appear -- Chair Russell: Thank you. Mr. Massey: -- and I just want to note for the record that under the lease that doesn't exist, there's a "no encumbrance" clause. I've been in the real estate business for 20 years. I can't imagine a developer or anybody else; or a loan, magically, from Art Noriega, appearing -- Chair Russell: Thank you. Your time is up. Mr. Massey: -- without the ability to encumber that property under the clause and lease. Thank you very much. Chair Russell: Thank you very much, Mr. Massey. Good morning. Stephen Neal: Stephen Neal, 501 Northeast 107th Street; faculty member of the FIU School of Theater. Once again, I urge you to allow this plan to move into the construction phase so we could bring our flagship regional theater back to life. If you vote to uphold this theater, the playhouse will likely remain what it has been for the past 13 years; a useless and decaying skeleton. Producing theater companies are the City of Miami Page 22 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 beating hearts and life blood of theater. Anyone who suggests the playhouse can return to the glory days of operating in an 1100 or even a 700 -seat theater is engaging in wishful thinking, at best. For example, the cost of playwright royalties and actors' salaries are based largely on the physical number of seats and the ticket prices. A 700 -seat theater more than doubles the overhead in those two categories alone. A 300 -seat theater makes practical artistic and financial sense. It will enable Joe Adler to continue producing award-winning, off-Broadway style, cutting edge, bill paying, nationally -recognized regional theater in a bigger and better space. I reiterate, the most valuable assets of the playhouse are not to be found in the cement, plaster, and wood of that much altered stage house. They can only be found in the rich production history, the blood, sweat, and tears of thousands of men and women who created over 50 years of unforgettable productions that had very little to do with the building, but everything to do with what we -- theater really is; that's what makes the playhouse so important. If Joe were to work magic within the severe limitations of a converted meeting room, just imagine what he can do in a building specifically designed to produce live theater. In conclusion, I urge you to join us in supporting this exquisitely detailed plan. It's grounded in common sense, vividly imaginative, culturally sensitive, and financial feasible. It restores and pays homage to the most significant and recognizable designs of Keno and Elliott; and more importantly, brings the beating heart of live world-class theater back to the Grove within three years. Thank you for your time. Thank you. Commissioner Hardemon: Before you leave -- Mr. Neal: Thank you. Commissioner Hardemon: Mr. Chairman -- Chair Russell: Sir, sir, sir, one of the Commissioners would like to address -- (Applause) Chair Russell: Please, please, no applause today, please. Thank you. The -- although it was very well delivered. Thank you. Commissioner Hardemon: Yeah. It was theatric, right? Mr. Neal: God bless you. Thank you. Commissioner Hardemon: No, no, comeback, sir. Chair Russell: The Commissioner would like to address you, please. Mr. Neal: Oh, sorry. Commissioner Hardemon: There is a historic theater in Overtown called the Lyric Theater. Mr. Neal: Yes. Commissioner Hardemon: It has less than 400 seats, and the operators of the Lyric Theater have been complaining that they don't have enough seats in order for the building to be profitable. What they say is that the ticket prices per seat have to be very high in order for them to cover what the cost would be for an actual, say, a performance to be there; and so, they find that troubling. Also, in Miramar, I think Miramar has about a 700 -seat theater that's relatively new, and they're looking to expand to a larger theater. And I know they bring shows from all over the nation. City of Miami Page 23 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 When -- help me understand why -- besides the cost of lights, et cetera, why having a - - and I know this doesn't play into necessarily our decision, but I'm really curious. Why is it, in one -- in Overtown, they say 300 -- 400 seats is not enough; in Miramar, they say 700 seats is not enough; but then here, you say that 300 seats is the magic number? Mr. Neal: It's the magic number because it can be paid for. It can -- Every time you have a theater open with empty seats, you lose money. If you can -- that was the problem with the Coconut Grove Playhouse to begin with; they couldn't fill the seats. They had 1,100 seats to fill. They cutoff the balcony section and still couldn't fill the auditorium. Commissioner Hardemon: So -- Mr. Neal: They tried very hard, but they went bankrupt, because they overpaid everything. Commissioner Hardemon: So if -- theoretically, if you can fill the seats, then you could have a profitable theater; is that what you're saying to me? Mr. Neal: That's what I'm saying; plus, if you do have a profitable theater at 300 seats, there's always the possibility of expansion. Chair Russell: Please, please. Commissioner Hardemon: Thank you. Thank you. Chair Russell: Thank you, Commissioner. Commissioner Hardemon: Thank you. Mr. Neal: I appreciate your time. Chair Russell: Good morning. Maria Freed: Good morning. Maria Freed, 3055 Washington Street, Coconut Grove. I'm here to support the Mayor's veto. And I want to thank Mayor Suarez, as well as Commissioner Russell and Commissioner Hardemon, for their support on preservation. We really need you and we really welcome your championship towards preservation efforts in a community that has lost so much throughout the years. Commissioner Russell, if you would just indulge me for a minute just for the record, I have a question that I don't know the answer to. In the Memorandum of Understanding between the County and Miami Parking Authority for the development ofparking garage, offices, retail space, restaurants, residential units, and a new small theater at the historically designed Coconut Grove Playhouse site, under Article I of the General Terms 1.2, it states that, "The agreement shall be subject to feedback from local community stakeholders." I would like to know if there was a public meeting that provided local community stakeholders an opportunity to give feedback. If so, when and where was this meeting held, and is there a public record of this meeting? Thank you. Chair Russell: Thank you very much. Good morning. Al Alschuler: Good morning. My name is Al Alschuler. I live at 2430 Brickell Avenue. My personal association with the playhouse began some 40 years ago, when Players Reparatory Company was seeking a more suitable performance space than was being performed at the old Museum of Science. I was an active member of the City of Miami Page 24 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 board of the Players when we purchased the Coconut Grove Playhouse in the '70s, and after achieving statewide recognition, we established the Players State Theater. In 1978, I became the founding Chairman of its inaugural conservatory, creating community programs, to which FIU and Joe Adler I know will be committed in the future. I left the playhouse board in 1984, objecting to then Artistic Director Jose Ferrer's predilection for hiring out-of-state actors and technical staff rather than employ South Floridians. But I had early -- opportunities early on to see numerous productions directed by Joe Adler. Now a Gables Stage subscriber since its inauguration, I am confident in his ability and in his vision. I'm a Carbonyl Panelist for many years. I can attest to my Carbonyl colleagues, overwhelming colleagues, overwhelming preference for this 300 -seat Grove Stage solution; a space that can be successfully and profitably filled by Joe Adler. Thank you. Chair Russell: Thank you very much. Good morning. Julian Kreeger: If it please the Commission, my name is Julian Kreeger. I spoke previously, and I will try not to repeat what I previously said. I've been an attorney. I've taught art and entertainment law at the University of Miami Law School for 27 years. I fully support the position of the County Mayor and FIU. I'm also on the Advisory Board for the Dean of CCAMT at FIU, which is the College of Communications, Architecture, Music, and Theater, and I've been President for 34 years of the Friends of Chamber Music of Miami, which brings internationally -known performers for piano and chamber music to Miami. I do not believe that there would be a huge audience for that above 300, number one. Number two, I have not seen that I can recall in the 34 years that I've been President of the Friends of Chamber Music any of the people who are here opposing the FIU and County Manager's plan for the Coconut Grove Playhouse, and I don't think there is any other organization in Miami that brings artists of the caliber the Friends of Chamber Music brings, of international reputation. I should also point out that I was the Florida Philharmonic's representative in the Performing Arts Center Trust when the Arsht Center was being, you know, designed and prepared. I won't burden -- but I urge you to overcome the veto. Chair Russell: Thank you very much. Good morning. Steve Weinger: Good morning. Thank you. I'm Steve Weinger. I live at 1881 South Bayshore Drive, down the block from City Hall; down the block from the Coconut Grove Playhouse. And I'm also the volunteer President and Chairman of the Board of GableStage, and I've held that position for some years now. And, you know, I'm not here to talk about how beautiful the restoration will be and how practical it is, and how alternatives are impractical, because I don't think that, frankly, those are issues that you're allowed to consider. And I think you are allowed to -- and imagine, each of you owns property somewhere. Can you imagine if somebody said, "Well, you do comply with the Code, but we're not going to allow you a building permit, because we think you should have five bedrooms instead of three really big ones." It's not your property. It's not your property. You don't have control over it. You don't have legal authority. And as you know from recent history, when you interfere with private property rights, you end up paying in damages. So the way we see this is that the Mayor's veto was based on impermissible factors. And you, aside from your responsibilities -- other responsibilities -- have the duty to protect the resources and the financial condition of the City. GableStage has property --interest in its property. It's been awarded a contract for 50 years at a very reasonable rent of a dollar a year, and been promised a $22 million theater site, and we're not just going to walk away from that after 10 years of working on it. And so, you have a duty to override this veto, and to protect the interests of the City; and in doing that, what you'll be doing is following all of the opinions of your experts, because in this case, the City staff, the experts in this area all determined that this was an appropriate use of our property -- City of Miami Page 25 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 not your property, but our property -- an appropriate use, was consistent with the designation as an historic site, and so forth. And for -- nobody is saying that that staff recommendation is wrong. All people are saying is, "Gee, if this were my property, I'd rather have this," or "I'd rather have this." Well, it's not; and so, we intend to proceed with this project or to seek appropriate remedies if we're not given appropriate consideration under the legal standards. We took our interest in the property, subject to the designation it was given, and now subject to it being changed without due process. Thank you. Chair Russell: Thank you very much. Good morning. Steven Dloogoff Good morning. Steven Dloogoff, 3418 Franklin Avenue, Coconut Grove. There's little that I can say here today that will change the minds of the Commission. What could and will change is when the citizens of the Grove and Miami -Dade go to the ballot box. It's time for the gentlemen of the Miami Commission -- and I'm sorry to say -- able to say ladies and gentlemen of the Commission -- to wake up; the will of 77 percent of District 2 and 74 percent of the population of the Grove, and approve the County playhouse plan, and override Mayor Suarez' veto. Since we are a democratic society, whether or not your district includes the Grove, you have been elected to take mind of the will of the majority of the residents of District 2 and the Grove, and override the Mayor's veto, and approve Michael Spring's County plan for the playhouse. On March 16, 2018, the Coconut Grove Village Council submitted its support of the County plan. With your refusing to override Mayor Suarez' veto, you are saying you have little or no regard for the Coconut Grove Village Council or the population of the Grove. As a member of the Council, I take that as a personal offense to the integrity of the Village Council. I'm sure this resolution has been distributed to the Commission, but you may never have read it. I will pass it out today. It's time to stop pandering to the wishes of the few individuals of the community and move forward with the County plan for the playhouse that will enhance the Grove, its citizens, not create a traffic nightmare, have a playhouse that is financially independent, and will not require the City or County funds to sustain itself, and represent the citizens of Coconut Grove. The Heisenbottle/Eidson plan has never made a presentation specifically on the items that are being saved of the existing auditorium structure. Councilmen, wake up and listen to 74 percent of the population that you have been elected to represent. Wake up and smell the flowers. The election is not far off. Chair Russell: Thank you very much; November 5, actually. Commissioner Carollo: Let me just make a quick statement, Chairman. Chair Russell: Yes, Commissioner. Commissioner Carollo: Chairman -- and I have to do this. The gentleman talked about the will of Coconut Grove, and I respect that, but I have to put this in the record. The playhouse might be in Coconut Grove, but the playhouse is for all the people of Miami. Just because a key institution is in one part of the City or the other doesn't mean that other people that live in another part of the City have any less so - say or rights than those that live in one district, because I assure you, there are probably even more people that live outside of Coconut Grove that would come to the new playhouse, just like in the past. The majority of people that attended plays that came to the playhouse were not from Coconut Grove, and I just want to say that. Chair Russell: Thank you, Commissioner. Good morning. Barry White: Good morning. City of Miami Page 26 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: No applause, please. Mr. White: My name is Barry White, 1001 Southwest 129th Terrace. The HEP Board got it right. Mayor Suarez got it right. The plan before you was rejected by the HEP Board -- I was at that meeting -- for two main reasons. It did not meet Federal guidelines, and therefore, would not qualms in the future for Federal funding. And number two, there was no alternative plan presented. One of the main reasons for that playhouse to exist was as an economic driver for that area, and when it existed, it flourished. And I want to have enough time to address Mayor Gimenez, a private citizen's points that he made. I'll be brief, but he took all the time he needed to make several points, and I'd like to address those points. The reason for that failure of that playhouse was not for lack of attendance. As I've explained to this board before, and in writing, it failed due to catastrophic mismanagement of their board. When their Artistic Director violated the rules of the -- those who license plays to be performed by altering the plays as the Equity Actors informed them in New York, the playhouse was barred from that point on from receiving plays from New York, first -run plays, and they could only produce one-man shows, locally produced plays. It could not produce quality theater. Regarding the size of the playhouse, you've been told by Mr. Buffman and by others, and by me, with courting New York based produce -- I am a theatrical producer. I produce shows, and I'm a performer. And the optimal size for that theater, ifyou want to -- is 1,100 and 200. Chair Russell: Thank you. Mr. White: And with 1,100 seats, you can make a profit. Chair Russell: Thank you, sir. Mr. White: But -- and as far as the monies involved, if Mr. Gimenez -- Mayor Gimenez has money for his plan -- Chair Russell: Time is up. Mr. White: -- won't that money be available -- now, I just want to see if there's -- and to take Commissioner Carollo's point, there were busloads of people coming from all over South Florida to that theater. I was a member -- Chair Russell: Thank you, sir. I apologize, but your time is up. I know you have so many points to make, and a lot of people do, but there's -- Mr. White: -- Mayor Gimenez -- and he was given exceptional time at your hearing the last time while you were making your final vote. I think that violates Mason's laws, and you should look at that. When you are -- Chair Russell: Thank you. Mr. White: -- end your discussion, that's the end of it, and it should be cut off there. Thank you. Chair Russell: Thank you very much. Tony Scornavacca: Good morning. Commissioner Reyes, Commissioner Carollo, Commissioner Russell, Commissioner Gort, Commissioner Hardemon, I ask you to support the Mayor's veto. The playhouse needs to be restored as closely as possible to its original state. The interior of that auditorium is special. We do not need a mini production at a school -size auditorium with a Bed, Bath and Beyond attached on the side. This is not what the Miami -Dade County citizens need. The Coconut Grove City of Miami Page 27 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Playhouse is the crown jewel of Miami in this area. No other structure -- maybe Vizcaya, the Freedom Tower -- these are outside of this particular area. In this area, the Coconut Grove Playhouse is the crown jewel. The voters voted. What governmental body will ignore the vote of the voters? Voting is sacred. The vote was for the restoration of the structural integrity of that building. It was not for a smaller theater and something else, and an alternative plan. The vote that the voters voted for, which is sacred, was for the restoration of the structural integrity of that building. Not viable; I'm hearing all this talk about "not viable." Every theater, opera, ballet, symphony, theater in the United States, every one is supported by benefactors and grants, and that's how the arts and the cultural affairs survive. Chair Russell: Thank you. Mr. Scornavacca: Thank you. Chair Russell: Time 's up. Thank you. Commissioner Carollo: Excuse me. (Applause) Chair Russell: Please, no applause, please, please. Commissioner Carollo: Chairman, I have to make a point of clarification. I know that he wanted to make a point, but I think he forgot that small little theater that some think is historic; the Olympia Theater, downtown. Chair Russell: Thank you very much. Commissioner Carollo: That's historic. Commissioner Reyes: And I want to make another point. You see, I am -- as I stated before, I would not agree on the City of Miami taking ownership and mortgaging for a future -- as we have done any time that we have taken a menu -- venue. But if you have those benefactors that could raise the money for a larger auditorium, please talk to the Mayor of Miami -Dade County; that he said he's willing to do it if the money is there. Chair Russell: Commissioners, if we have a question for a specific speaker that we'd like them to address based on something they said, let's do that. But for our own purpose of discussion and -- let's save that for after the public has had their time. Vice Chair Gort: Mr. Chairman? Chair Russell: Yes, Commissioner Gort. Vice Chair Gort: Let me give you a suggestion. Any question that we want to ask, write it down. And then when the time comes to close the public hearing, we'll ask all those questions. Chair Russell: He was recommending that -- Vice Chair Gort: What I'm saying is, if we're going to ask the Chairman to please go ahead and ask -- write down the question that we want, and then at the end, we'll ask them. Thank you. City of Miami Page 28 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: Thank you very much. If you do have a direct question for someone who's standing right there who may have to leave, I understand that. But I just don't want us to get in a roundtable discussion or debate with the public, point by point. I forget who was next. Thank you. Good morning. Ana Carrano: Good morning. My name is Ana Maria Carrano. I am a Miami resident who worked for five years in an organization to preserve historic heritage. I've been in this hall for the previous sessions, and I consider that the veto is based on the premise that the project does not respect historic preservation standards, which is wrong. As it has been presented in this hall before, the interior of the Coconut Grove Playhouse has been intervened several times in the past. And the current project is actually preserving the historic fagade and designing as a sustainable auditorium that respect the scale in the community that it's based in; this is why I urge you to override the veto. Thank you. Chair Russell: Thank you. Good morning. Lisa Remeny: Good morning, ladies and gentlemen, the Commission. This is -- I'm Lisa Remeny, long-time Coconut Grove resident, visual artist, and I have a question for the County, Chairman, for you to please ask them when the time comes. I'd like to know why the County's refused to restore the Historical Coconut Grove Playhouse consistent with the historic preservation guidelines of the Secretary of the Interior, as the Lyric and other restorations projects have successfully done. What about this great building we're standing in today? If this had gone to developers, would we be in this beautiful restored building? Is the County's plan a real estate project merely masquerading as a theater restoration, considering its plan for restoration of the property includes 33 percent of the space for feeder -related purposes and 67 percent is designated for office and retail space? Do we need another failed retail space, like Coco Walk? Look what that has become. All those historic buildings went down 30 years ago, and now look what it is. Do we need more of that? I don't think so. Thank you very much. Chair Russell: Thank you very much. Good morning. Mitchell Bierman: Hi. Chair Russell: No applause, please. Mr. Bierman: I'm Mitch Bierman. I'm an attorney, but my hobby is supporting the arts, and I serve on the Cultural Affairs Council, and the Board of GablesStage and Perez Art Museum. I'm here because that's really what I care passionately about, and it's not really for my own kids, because they're very fortunate. They go to New York to see theater with me twice a year. It's for all the kids in Miami -Dade County, kids who grew up here, who would have the chance to see live theater, and some of them have the chance to see it currently at the GableStage, but a lot more of them will have the opportunity when the GableStage is in the Coconut Grove Playhouse. And those kids grow up to be people like Terrell Alvin McCraney, who had opportunities to present at the GableStage and developed his art at the GableStage, and eventually won an Academy Award for his film. We're in a position now where we can do something today to make this happen. There is no real alternative. There is a project that is funded; it is feasible; it has a company that is going to serve and run it that is an award-winning company. And the alternative is to do nothing with this space for another generation, because there is no other project out there that we're choosing between. And the other, you know, pressure -- and I applaud everybody who wants to preserve as much history as possible, but there's only so much that can be preserved with the money that we have now. So I urge you to move forward with this today so City of Miami Page 29 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 that our children can enjoy theater live in Coconut Grove in the next few years. Thank you. Chair Russell: Thank you very much. Next speaker, please. Gloriana Calhoun: My name is Gloriana Calhoun. I'm a long-time resident of Coconut Grove, and I --first, I want to say one quick thing about the playhouse. This playhouse has a reputation that goes far beyond Coconut Grove. I used to work with set designers in New York. I worked on productions that -- we worked them down here in the Grove Theater. The actors from Broadway and off Broadway loved the Coconut Grove Playhouse. They loved coming down here and they loved performing in it. And I have a quick question. In the Memorandum of Understanding between Miami -Dade County and Miami Parking Authority for the development of the historically -designated Coconut Grove Playhouse site, under Article I of the General Terms, 1.03, under Project Components and Descriptions, it states that the County will fund the construction of the theater, rehearsal and scene shop. My question is, who will fund the development of the parking garage, offices, retail space, restaurants, and the residential units also listed in the Memorandum of Understanding? Thank you. Chair Russell: Thank you. Good morning. Carol Lopez Bethel: My name is Carol Lopez Bethel. I reside at 3907 Loquat Avenue. I want to open this by thanking former Commissioner and current Mayor, Mr. Suarez, for your courage in responding to my request the first time I stood here for the playhouse, asking that this Commission show the wisdom of Solomon and not kill the baby. It's not necessary in order to return it to the proper mother. It does not have to be murdered and split in half. It's quite obvious that -- I think most of us here know that this project, the County's project has not been fully funded. Many residents feel that they have been misled to understand what is not, in fact, true. And in reality, this so-called survey that returned 74 and 78 percent of District 2 and Coconut Grove residents who are in approval of this does not trump a referendum. I guarantee, the City of Miami voted -- the entire City of Miami voted to restore the playhouse, and a survey, which I was never served and no one I know in Coconut Grove was ever served does not trump a vote that was placed. Please remember that. We do not -- it just takes a simple survey of the empty retail space that is in Coconut Grove right now in the Village; and a brand-new office building, which sits unleased. We need more office space? No. Please, Commission, the wisdom of Solomon, I beg you again, don't kill the baby. Chair Russell: Thank you very much. (Applause) Chair Russell: No applause, please, please. Good morning. William Mahone: Thank you. My name is William Mahone. I'm a relatively new resident of Miami. My job moved down here about three and a half years ago, and when I was trying to decide whether or not to move here or not, one of the things I took into account was the very vibrant theater scene in Miami. I'm a theater buff- I've been for a long time. And even up in New York, I had heard of the Coconut Grove Playhouse, and I looked forward to seeing shows here when I moved down. So I was a little disappointed when I moved down here and found that the theater was actually dark, had been dark for a long time, and there didn't seem to be much prospect of it opening again. But I did move down, and then I began to follow this plan, which is now before the Commission, to reopen the theater; a very practical, I think a very wise, very good plan. And I was very disappointed, honestly, when the Mayor vetoed City of Miami Page 30 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 it just when it was on the 90th yard line. I think the reopening of the Coconut Grove Playhouse will be a great thing for the people of Miami; not just the residents, but visitors. But honestly, it'll be a great thing for the American theater, and I urge all of you to please override the Mayor's veto and don't consign Coconut Grove Playhouse to the ash heap once again for another indefinite period of time; decades, two decades, who knows? Thank you very much. Chair Russell: Thank you very much. Good morning. Barbara Lange: Good morning. First, I want to thank Commissioner Hardemon and Commissioner -- Chair Russell: Pull the microphone a little closer. Ms. Lange: Oh. First, I want to thank Commissioner Hardemon and Commissioner Russell for voting against the County plan, and I want to thank the Mayor for vetoing the plan. And I have a question. If the State stated in a letter, dated March 1, 2019, to the City of Miami Historic Board, stating the County plan was inconsistent with historic nature of the property, how is the County plan viable when it's obviously in violation of historic standards? Thank you. Chair Russell: Thank you very much. Ms. Lange: Did I give my name? Chair Russell: What's your name? Ms. Lange: Oh, Barbara Lange -- Chair Russell: Thank you, Barbara. Ms. Lange: -- 3901 Braganza Avenue. Chair Russell: Thank you very much. Good morning. Allyson Cohen: Good morning. Allyson Cohen, native, 2 Grove Isle Drive, Coconut Grove, Florida. I want to thank you, Mayor, Commissioners, for supporting the preservation of the Coconut Grove Playhouse. Vice Chair Gort: Speak into the mike. Chair Russell: We can't hear you; if you could pull the mike up, it'd be better. Ms. Cohen: Imagine that. Appreciate that you've made the overture to support and preserve the Coconut Grove Playhouse. There aren't many standing buildings like the Coconut Grove Playhouse. I have a question. Is it true that the County has been denied special category grants from the State of Florida due to the failure of its plan to meet historic guidelines? If so, does this make the County's plan ineligible for local and State and national historic funds, and tax credits? Thank you. Chair Russell: Thank you very much. Good morning. Anthony Parrish: Good morning. My name is Andy Parrish. I live at 3940 Main Highway in the Grove; it's a 1909 house in the Grove. I'm a former Chair of the HEP Board, and I want to specifically speak to that question of why we're here today. Is this historic or not? So let's all take a state back -- step back -- and think about where we want to go. We all want live theater to return to Coconut Grove. So what we'd City of Miami Page 31 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 normally do is we'd ask Goggle Maps how we get there. So in Google, we'd enter our destination, and we might call it Broadway. Then Google will ask us to enter our starting point, because you can't get anywhere unless you know where you're starting from. Our starting point is and has to be what the HEP Board designated when the HEP Board designated the entire exterior; the entire exterior of the playhouse to be historic by an 8 to 0 vote. That was in 2005. There is no other starting point, Commissioners. Since then, the HEP Board has twice stopped the demolition of the auditorium, comprising most of the playhouse; matter of fact, the demolition plan the County has is -- 90 percent of it almost goes down. The National Trust has put our entire playhouse on the National Historic Register of Historic Places. The State of Florida has instructed us to return the playhouse to its starting point. That starting point, as I said, would be preserving and restoring the entire exterior of the playhouse, including the exterior of the auditorium. All the rest will be stops along the way; even alternative routes on our trip to bringing back Broadway to the Grove. Thank you very much. And thank you, Mayor Suarez. I definitely support this -- support the veto. And thank you, Commissioner Hardemon and Commissioner Russell. Chair Russell: Thank you very much. No applause, please. Thank you. Sir? Miguel Abadia: Good morning. My name is Miguel Angel Abadia. Honorable Mayor Suarez, Commissioner -- Chair Russell, Commissioners, I'm here today to praise and commend you, a true Mayor, but most of all, a true man; a young man with conviction, proven leadership that kept his courage, integrity, humility, ethics, sincerity, and loyalty, all towards your own true beliefs. Thank you, Mayor Francis Suarez, for believing in a different future for our beloved playhouse, and caring for the diversity and inclusion that it will bring back into the area. "Gracias. Usted es nuestro" -- (UNINTELLIGIBLE). Thank you. Chair Russell: Thank you very much. Mr. Abadia: Now I may continue? Chair Russell: Oh, yes. You still have a few -- Mr. Abadia: For the ugly part -- Chair Russell: Okay. Mr. Abadia: -- and that's the Miami -Dade County. In our County, to repeat a lie, it does not make a truth. With a dictatorial approach, we heard many times, "It is not our way, then it will not be done." What a despicable arrogance. And with a scary tactic, they even said that if it was not done their way, the contract will be given back to the State. Well, hallelujah. For the love of art, culture, and history, please do so as soon as possible, ASAP. The playhouse, a national historic landmark theater, deserves to be in much better hands. Let the lady, the grand dame of Coconut Grove, thrive once again, and put it in the hands of knowledgeable, caring theater -- Chair Russell: Thank you. Mr. Abadia: --connoisseurs. Thank you very much. Chair Russell: Next speaker, please. No applause, thank you. Yes, please. Elizabeth Ponce: Hi. Elizabeth Ponce. I first want to say something to all of you. I just got two smiles from this one fantastic gentleman, with these two gentlemen. You City of Miami Page 32 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 just called me "lovely. " Thank you very much. And that's what this is about; marketing. You see what I'm dressed like? Chair Russell: You need a microphone, ma'am. Ms. Ponce: This theater has a dress code. This theater, if marketed well, whoa, the sky is the limit. Let's talk about Valentine's, okay? How about Blood of the Sangre, Blood Wedding, drama? Ah, but you have to have a dress code, okay? This theater will have wine like this; not in plastic cups. This theater will shine. This is the goody box, okay? This theater will sell everything like hotcakes; just that simple. You see, it's about shine, gentlemen. Give me Number S. And Mr. Reyes, you were right. We should have sat at a table and discussed this, and the sky is the limit. Thank you very much. Chair Russell: You're in support of the veto, or you are in support of the override of the veto? Ms. Ponce: (INAUDIBLE), if I may. Chair Russell: Thank you. Liz Gibson: My name is Liz Gibson. I live in South Grove -- Chair Russell: Just a moment, Liz. Ms. Gibson: --for many years, since I was a little kid. I have a couple of questions; then I'll explain to you my situation. Commissioner Carollo: (INAUDIBLE). Ms. Ponce: I want you there, dressed up to the nines. So I'm in favor of the veto. And may I say one more thing, please? A disgrace, because you should be celebrating for the labor that this man has done for the culture of Florida. We should all be there celebrating. Thank you. Chair Russell: Thank you very much. Liz, you have the floor. Ms. Gibson: Yes. First, I have a couple of questions. Did the County's application for Certificate of Appropriateness contain language that accurately described the scope of the work at the historic playhouse? Anybody want to answer that? If not, could this be the reason that the community was not aware of the County's intent to demolish our historic playhouse that is on the National Register? Okay, now let me tell you why I'm attached to the playhouse as it is. My mother bought our house when I was a little girl. We moved to South Grove. They were finishing off the floors. And I went to Coconut Grove Elementary. I went to the playhouse before it was a playhouse. It was a movie theater, and it cost 25 cents to see a film. I was there when they turned it into a playhouse, and I used to baby-sit for some of the actors' kids. My brother had the limousine service for the playhouse. My niece was an usherette. When I worked for Dade County for 26 years, we would often go to lunch at the Taurus, and we'd see what we called "the blue -hair matinee people." But it was always packed. When I used to go to plays, you know, as -- when my children were little, it was always packed. I don't know whether it was mismanaged or what, but I would like to see the veto upheld. Thank you. Chair Russell: Thank you very much. Good morning. City of Miami Page 33 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Marlene Berlow: Good morning. My name is Marlene Berlow. I live at 3840 Crawford Avenue, in Coconut Grove, where I've lived for 37 years. I've seen so many changes in Coconut Grove. This fabulous opportunity that we have for a theater complex that seats 300 people is like nothing any other city our size can afford. I think each of you who the people have elected have your obligation to the people that elected you to give them the opportunity to have this theater move forward, not stop. I'm opposed to the veto. I think that you will have failed your people, and you will have failed your City. Chair Russell: Thank you. Good morning. Katrina Morris: Hi. Katrina Morris, 4130 Lybyer Avenue, Coconut Grove. I get more nervous -- I'm an actor, and I get more nervous talking to you guys than being on stage, because it's important. I live in an old house. It was built in 1945. And I like the door that sticks in my closet. It's got the original doorknob. I like all the quirks of my house. And I've heard a lot about size and modernity, and all of this stuff of -- we have to have this state-of-the-art theater. But sometimes when you're performing, the theater, even the weird -- like, okay, which way do we have to come in? And like what -- that adds to the performance. That adds; that history that the theater has actually adds to the performance; it doesn't take away from it. And furthermore, right now, we may know what the conditions of the theater -going community are right now in 2019, but we don't know what's going to happen in the future. So people might get sick of Netflix, and they might go, "You know what? Why don't we disconnect it? Let's go back into the community and go see more play" -- We don't know what's going to happen in the future, and if we tear that theater down, it's gone, and the future that it had and the past that it had are gone. So I just -- that's why I get nervous; that's why it's important and -- yeah, love it. Chair Russell: Thank you very much. Ms. Morris: Thank you. Chair Russell: Good morning. Marcelo Fernandes: Good morning. Marcelo Fernandes, 3936 Main Highway; also the Chair of Coconut Grove Village Council, which has endorsed the County plan. We did a complete deep dive into the construction process, the liability, the proforma, and the sustainability of it, and we approved. But today we're not going to talk about that, because we're going to go back to the specific facts of why we're here today. It's about the historical -- the auditorium. And I asked the Mayor, the Commissioners, others that I've spoken to that if this deal gets upheld, you must have a Plan "B" in place immediately. Without a Plan "B," we all lose. And both -- if that becomes an issue, that that back auditorium needs to be preserved the way it is, then neither plan complies. The foundation plan nor the County plan complies with that. You have to come back with a hundred percent new plan, and I don't want this to sit for years and years and years, and nothing happen. The facts are we're here today talking about the viability. Both plans propose anew theater. Be it 700 or 300, they will gut and demolish that entire auditorium to make it happen. So I don't want any -- you know -- wool over anybody's eyes. We're not talking about preserving it if we keep those two plans. You have to start back from scratch. And if you're going to start back from scratch, please have a plan in place to keep FIU and the County in control, if they have the control -- I believe they do -- to move this thing forward, and not lose the playhouse for everyone. Thank you. Chair Russell: Thank you very much. Good morning. City of Miami Page 34 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Alan Cox: Alan Cox, Dinner Key; 50 years in Coconut Grove. I'd like to thank Commissioner Russell and Hardemon. And my question is, what is the status of the County and MU's lease of the playhouse property with the State of Florida? Thank you. Chair Russell: Thank you. Good morning. Deborah Castro: Good morning. It's an honor to be addressing you this morning. I've never done it, and the Mayors that are here, and the citizens. My name is Deborah Scarba Castro. I live at 3683 Hibiscus Street in the Grove, and my home was designed by Keno and Elliott. And culture and creativity is the heart and soul of our society, and the Grove has an incredibly rich story, and that is that great minds visited here and came here to work. August [sic] Saint-Gaudens, Singer Sargent, Alexander Graham Bell. Many of us don't know that. Many of the citizens don't know that. And there's always a conflict between modernization and respect for the past. But this property will be the only Keno and Elliott property in the country that will be destroyed, and that is significant. My husband is restoring another property right now. He -- I humbly tell you he's gifted. I invite you all to come to my home and look at what he's done. He bought the house for a few hundred thousand, and now it's worth a few million. Look at the pricelessness of El dardin. Miami Senior High raised hundreds of millions of dollars. The Gables School. How could a City this size not have the vision that people come here to learn more; that we're "Sun Tan U. " Some of the great citizens developed the "Miami as an Art community." Now it's better than Art Basel. What will we say when we've whitewashed all that history, and there are no icons to look at? I salute Mayor Suarez for his veto, and I ask you to take a look at my home -- Chair Russell: Thank you. Ms. Castro: -- where people stop, they walk in, they don't know why they love it, or Worth Avenue, or the great -- Chair Russell: Thank you. Ms. Castro: --places in New York. Thank you so much. Please consider my words. Thank you. Chair Russell: Thank you. Good morning. Kathy Suarez Parks: Good morning. Here I am again. Kathy Suarez. "Whitewashed, " that was a good one. All we keep talking about is the past. What about the West Grove? What about the displaced, the demo by neglect, and the irresponsible spending? The West Grove residents, the Bahamians that built it weren't even allowed to enter the building. They couldn't use it. This is ridiculous. There's been years and years and years of opportunity to raise money and do something about this. I'm going to be 62 years old, and I think that this should have been done a long time ago. I think it's disgusting it sat this long, but it has. And the longer it sits, the worse it gets. We have no right to this building. This building belongs to the State property, and the County and FIU have the lease. Somebody is going to push this too far and we're going to see who's in charge, and that scares me. If the other side has a plan, they need to show with the money. The County has the money. And it's embarrassing to see people that look like me constantly stand up and constantly want, want, want, want, want the past. The past is gone. We need to move on. I'm tired of people calling me and asking me, "Ms. Kathy, 20 million for a playhouse?" Now they want to spend 40. I never saw one dollar of that displaced money that was promised. 360 million was set aside by this Commission. 10 percent went to hands immediately off the top, and no one got that money, because no one City of Miami Page 35 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 understood that they had to stay in the City. But there was no housing in the City. I'm asking you to please move forward and let this building and something happen so we can move forward and we can start using money -- Chair Russell: Thank you. Ms. Parks: -- to do something about the people in this community besides live in the past. Thank you. Chair Russell: Thank you. Good morning. Katherine Brookshier: Hi. I'm Katherine Brookshier. I live at 2944 Bird Avenue. There's no way to justify the nearly complete demolition of one of the oldest and most famous structures in South Florida; in Coconut Grove, particularly, which is the oldest community, the original settlement of Miami. Coconut Grove Playhouse is a critical home for artistic expression and classical theater. It is a place that has been - - not been condemned structurally and maintains adequate original design and foundation to inspire preservation rather than demolition. Protecting this venue from demolition is protecting our City's identity. There is a public demand worldwide for intimate venues for the performing arts, and I am proud to be a resident of the City that is recognized for its remarkable cultural diversity. And it should go without saying that all of the cultures in Miami hold a deep love and respect of theater, live musical performance, and art of all mediums. This theater can house as many people as we can fit in it. To demolish it and build it as 300 seats is despicable. It is imperative to get our playhouse restored and reopened as soon as possible. This historic venue will lose allure if torn down and built as new. I believe that the people of Miami and the thousands who visit each year will flock to this amazing venue that has been such a special gem in the community for decades when it is restored and built as closely as possible to its originality. Historic preservation has not -- has been taken very seriously by scores of communities across this great nation, and it has been executed successfully and proven to thrive. Let Miami follow the lead of those communities and cities throughout the rest of the country, and preserve and repair the playhouse as it stands. The definition of the word, 'preservation," according to any dictionary, does not include the word, "demolition." Please support the veto of the Mayor. Thank you very much. Chair Russell: Thank you very much. Good morning. Sylvan Seidman: Good morning. My name is Sylvan Seidman. I live in Miami -Dade County. I served for 22 years as a counselor at New World School of the Arts, and as such, proudly became adopted by Terrell McCraney as a godparent. And just parenthetically, Terrell, who currently is Chairman of the Yale Playwrighting [sic] Program, MFA, supports the County plan. But I would urge all of you to use a mental GPS (global positioning system) on this. You have two paths: One is to approve the County plan. It's been vetted, revised, it's ready to go. Or you can set your GPS to a vague plan, bigger theater, no financing, and a 700 -seat theater, which will not work. So if you voted in favor of the County plan, I urge you, stay on that path and vote to override the Mayor's veto. If you voted against the plan, I urge you to use your GPS. Ask it to recalculate, because if your GPS doesn't recalculate, there's going to be nothing on that site. And as Michael Putney said recently, if this plan is not adopted, if the County plan is not adopted, it would be a travesty. Thank you. Chair Russell: Thank you, sir. Good morning. Jonathan Rose: Jonathan Rose, Five Island Avenue, Miami Beach, Florida 33139. I've been here most of the times that you've met -- that other organizations have met, and it's always been a disappointment. The County plan needs to be approved. The City of Miami Page 36 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 veto needs to be overridden. And don't let this be another disaster, like the Miami Stadium vote. Chair Russell: Thank you very much. Good morning. Sally Stern: Good morning, Honorable Mayor Suarez and Commissioners Hardemon and Russell. I want to thank you, Mayor, for your veto; and Commissioners, for voting against the appeal, thank you very much. Today I'm standing before you to ask you to uphold the Mayor's veto. At the last hearing, speakers were asked to raise their right hand and swear to tell the truth, the whole truth, and nothing but the truth. However, the prevaricators on the opposing side chose to go against that invocation. Gimenez facts: Mayor Gimenez, Michael Spring, and Arquitectonica say they have a plan for preserving the playhouse, keeping its historic designation and character, and keeping the cost within $23 million. Truth: The County has an outline, not a plan. How can they know the cost of the new playhouse/shopping center/offices without detailed renderings and specific cost? Their plan could run $50 million. Who is going to pay for that? What are they hiding from us? Why do they fight so hard to show the Commission -- to not show the Commission specific drawings and figures? Use your imagination. Gimenez facts: The Coconut Grove Playhouse will retain its historic designation and significance with the County's plan. Truth: Florida Department of State and the Division of Historic Preservation told both Mayor Gimenez and Spring, and showed them in writing that that's completely false. I actually spoke to Dr. Parsons on Monday. The Department of State letter specifically says, in quote -- I only have about 30 seconds more -- "The demolition of the playhouse structure is not consistent with preservation and if only the south and east facades are left standing, Coconut Grove Playhouse will no longer possess its historic character and integrity, or designation. " Chair Russell: Thank you. Ms. Stern: I spoke with Mayor Gimenez personally, and he told me that was untrue; designations, laws, expert findings were all untrue -- Chair Russell: Your time is up. Ms. Stern: -- as he apparently the arbiter -- Chair Russell: Ma'am -- Ms. Stern: -- of his own truth, laws and expert --just -- I have a -- Chair Russell: -- I'm sorry. I apologize. I know you have a lot of points. Ms. Stern: Please respect the historic beauty of our community and the voters who voted a $50 million bond issue to preserve and restore Coconut Grove Playhouse. And like Superman said -- Chair Russell: Thank you. Ms. Stern: --truth, justice, and the American way. Thank you very much. Chair Russell: Thank you. Ms. Stern: Please save our playhouse. Thank you. Chair Russell: Thank you. Good morning. City of Miami Page 37 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Marlene Irving: Good morning, everyone. My name is Marlene Irving. I'm a 35 - year resident of Coconut Grove. I'd like to thank Commissioner Russell and Hardemon for their upholding vote at the last Commission meeting on the Historical Preservation Board, and I'd like to thank Mayor Suarez for his vetoing of the Commission's decision. I'm here to urge you to uphold that veto. And I just have one question that I would like to ask is: Why did Dade County decide to devote less than one third of this entire project, excluding parking, to a theater and two thirds to retail? Thank you. Chair Russell: Thank you very much. Good morning. Amalia Caputo: Hi. My name is Amalia Caputo. I'm a visual artist, living in the Grove since 2003. My kids went to Plymouth Pre -School and Coconut Grove Elementary. I had the opportunity to see, among other plays, Eve Ansler, Full House. All the time I had trouble finding tickets. I fully support the veto of Mayor Suarez. The idea of having another shop and another high-end apartment building sicks me [sic]. More than half of the stores of the Grove are closed and have been closed for years. I have seen disappear the Bahamian neighborhood to gigantic duplex homes. I have seen hundreds of hundred -year-old oaks cut down and destroying the canopy that Coconut Grove stands for, and not only being it an environmental issue that we need to preserve, as well. I've seen Coconut Grove totally disappear to high-rise buildings. I -- take, for example, a city like Barcelona, who had a theater that burnt down -- the Liseo -- and it was very old, and it got recon -stored -- restored. And being --preserving does not mean living in the past. Preserving lives -- means living towards the future, and standing for our history and what we represent. All the arguments that are fav -- in favor of demolishing and building a small theater just state that the past administrator was not good or that the architecture is not relevant. History is not about that. History is about -- what makes history is the people that live in a city that are happy, and having a life that -- a city that takes care of their life; not the money -driven another -- yet another shopping mall and another office building that was going to be only in favor of a few. If you erase the theater, you erase the history of the Grove. And to think that this is only about the Grove is insane. This is about the City of Miami. You want to be a first -world city, you have to preserve, also; you don't have to do "tabla rasa. " Thank you. Chair Russell: Thank you very much. Good morning. Guillermo de la Paz: Good morning. Guillermo de la Paz, 3441 Charles Avenue. I live in the same sidewalk that the playhouse is, and I heard a lot of misinformation here. No one is going to demolish the playhouse under the County plan. We only talking about the auditorium, which is a big square box on the back. The building, it will stay the same. But I'm not here to talk about the building. I'm talking -- I am here to talk about people. What is the impact that this building has in the West Grove? Well, guess what? We have not only the playhouse. We have the Ace Theater, which is -- happen to an historic theater -- closed. We have holes on the streets. We have shootings on the streets. The last shooting, a guy was shot 12 times. The biggest hazard that any neighborhood can have is not building; it's the people. How can we tell a young man from the West Grove that he deserve a building that is a theater closed for 13 years -- not six months -- 13 years? How can we explain to my son, that I walk every day to the gym that the rats coming out of that building are about two feet high? Never seen a rat so big. That the people go to the roof to do drugs. And the question that the Commission and the Mayor have to think is, if the best way to honor an architect or two architects is to have a building like that? If the answer is "no, " preserve the fund, build something new in the back, and let's bring people --young men from the West Grove --from every part of the City of Miami, and embrace into art; not in politics. Thank you. City of Miami Page 38 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: Thank you. Good morning. Amanda Harford: Good morning. My name is Amanda Harford. I live in 4410 Brighton Place, and I am in support of upholding the veto. Before I start, I'd like to thank all the Commissioners, the City Mayor; all the government officials that are here, as well as all the citizens that take time out of their day to come and express their opinions. I want to start with a survey that everybody keeps talking about; that 74 percent of the district is in support of the County's plan. I was never asked about this survey, so I dug into it. The sample size of the population that they used was actually less than I percent of the population. It was actually 0.2 percent of the population. Under Findings, the percentage error is ridiculously high; it's 97 percent. So it's kind of bogus. The other thing I'd like to talk about is the National Register. Okay, this is not a legal standing. They're not legal expectations or standards, but the HEP Board's job is to protect and preserve history. The nation has found that the Coconut Grove Playhouse holds national significance to US (United States) heritage. They've recommended that we restore in its entirety, interior and exterior, to either 1927 or its late 1950 structure. I'd also like to talk about the money and I -- for a second. I am part of the younger generation, and my generation likes to spend their money on experiences. I live in the Grove, and it is barren, but all of my friends love the Grove. People come from all over to hang out in the Grove. We -- that's how we like to spend our money. Furthermore, I agree; I do think that the West Grove needs to be involved. I think the Bahamian settlers that built that Grove -- that playhouse and weren't allowed in that playhouse should be recognized and they should be honored, and this should be about them. Thank you. Chair Russell: Thank you very much. Next speaker, please. Jenine Agala: Hello. My name is Jenine Agala, and I am for the veto. I am -- I was extremely fortunate as a young child to have experienced the Coconut Grove Playhouse. I spent many summers there in the theater, in that cement box, quote/unquote. Once those lights were turned on and a young child was on that tremendous stage, there is a visceral experience that is difficult to equal in a smaller space commonly found. I -- as a mom, I'm getting pretty tired of driving around the City and pointing out places to my kids of what things -- how things used to be. "Look, son. You see that CVS? That is where your great-grandfather opened up his first bake shop and made the first guava pastries of Miami. " I am tired of driving around and telling the kid -- my kids about wonderful structures that were here, history that is -- they can look up in a book. I'd like to be able to take them to the Coconut Grove Playhouse. I'd like for them to walk into the grand structure of that and experience what I experienced as a child. I saw Laney Kazan (phonetic) perform in Gypsy there. It's something that I remember today. You can't do that in a 300 -seat theater. I thank you for your time, and I urge you -- This is not about the past; this is about the future. And as a mom, our kids deserve this. Thank you. Chair Russell: Thank you. (Applause) Chair Russell: No, no, no. Thank you. Good morning. Arva Moore Parks: Hello. My name is Arva Parks. I live at 1240 Southwest 17th Terrace. I am very much -- like to talk about the Coconut Grove Theater and not the Coconut Grove Playhouse. The theater opened in 1927, and it was open for about 40 years. And I have to say, I may be one of the few people in the room that actually went there. In fact, to give you an idea of how long ago it was, I saw Lassie Comes Home there, when I was a little girl. I was awed by the interior, and a few days ago, Dade Heritage Trust had something at the Olympia. We sat on the stage, and as I City of Miami Page 39 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 looked at the Keno and Elliott designed Olympia, which is also the playhouse, I was very impressed with many of the features that remain that are also in the Olympia, regardless of what George Hernandez said. And I usually agree with him, but I did not on that. I did my thesis on Coconut Grove in 1971, and I got to know many of the pioneers, fortunately. One of them was Estelle Overstreet, who worked as the assistant to the first Mayor when Coconut Grove was actually a City. She went berserk when it went out, and they said that the theater was built with saltwater sand, and she proved otherwise; and, of course, it wasn't. It was built -- and I was part of -- when I went back in it, after all those years, I went to the playhouse, I went -- I belonged to all the various playhouses, but it was when I went back in recently as a preservationist, and I looked around, and I saw all that remained. There's a lot that remained. And I said, "Look at" -- Willy Gort, there was a time in the City where he was the only one that ever voted for preservation, and we thank him, because very few things -- many things have -- saved because of that vote. I just want to remind you, and I will finish, there were not three votes to save the Biltmore Hotel. I told that to someone the other day, and they rolled their eyes and said they couldn't believe it. Dorothy Thompson changed her vote. I'm particularly distressed about the lightbox that has no place there. And so, I hope that you all will vote to uphold the veto -- Chair Russell: Thank you. Ms. Parks: -- and use the Secretary of Interior Standards on restoring the playhouse and the National Register. Chair Russell: Thank you very much. Ms. Parks: Thank you. Chair Russell: Good morning. Cornelia Corky Dozier: Good morning. Honorable Mayor, Chairman Russell, Commissioners, my name is Corky Dozier, and I am a 50 year veteran of the arts, as professional. I came to the Coconut Grove Playhouse as union representative from Actors Equity Association to integrate the Coconut Grove Playhouse. By "integration, " I just don't mean those blacks that were a part of that production that we call, "Don't Bother Me, I Can't Cope, " but integrating the theater for all people. I am Coconut Grove. I am a creative. A creative has no color. But people forget that when the playhouse opened with that integration experience, for the first time, people in the West Grove, people from all over our communities, from an international standpoint, really felt that this is a theater for them; a theater for all, and many different experiences occurred; not just theater, but a performing arts venue; that's music. People forget that it was a cinema, a music palace, a movie palace. People forget that it was the very first art gallery that existed right there in Coconut Grove. It is the icon and the essence of who we are as a creative experience; the people that we talk about when we say, "We are Grovites. " Yes, Coconut Grove Playhouse is at question, but what is more at question is, are there jobs? Is historic preservation being looked at and are jobs being created? The new amendment for historic preservation addressed job creation; addressed all of the opportunities for inclusion. I am because you are, and I support the Mayor's veto. Chair Russell: Thank you. Mr. Kurland. Nathan Kurland: Nathan Kurland, Coconut Grove resident. Commissioners, ladies and gentlemen in the audience, 13 years; 13 years, no theater; over 4,700 days of dark theater; 4,700 days. I'm a 50 year member of Actors Equity. I want theater in my community. I attend GableStage; I attend Miracle Mile; I attend the Arsht Center, both the black box and the main stage, but I have to go elsewhere in order to have City of Miami Page 40 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 theater in my community. I respect the opinions of those of you, my neighbors. I respect your opinion to want a bigger theater and a restored theater. Arva Moore Parks, we were together on that stage in 2012, when we ran, "Give it Back. " It just kept the theater out of hock to get the theater returned so that we could move forward, and we were successful in that. What we have not been successful in is moving this particular County plan forward so that we can again have theater in Coconut Grove. Commissioner Hardemon, truthfully, many of us have really believed this is about you, sir. Three of the Commissioners voted for the County plan; you and Commissioner Russell voted against. We would like to ask you, sir, to help us bring theater back to Coconut Grove. I'm in favor of overriding the Mayor's veto. Thank you. Chair Russell: Thank you very much. Good morning. Carmen Pelaez: Good morning. I'm Carmen (UNINTELLIGIBLE) Pelaez, and I am thankful -- Unidentified Speaker: I just want to say I'm yielding my time to her. Ms. Pelaez: Oh. Chair Russell: Okay, that's fine. Ms. Pelaez: We've got Christmas in May; how wonderful. First, I want to address the Mayor's comment about the fagade and the back wall. I don't know if he's ever actually been to theater, but what happens inside the theater is very important, right? That's why we all care; that's why it's not a warehouse, Mr. Carollo. I've been to many backstage --back walls of theaters, and they're never pretty. They're not meant to be pretty, because what's beautiful is what happens inside. It's a humanity that's reflected. If the only part of a theater that were historic or what happened outside, I would have saved a lot of money on tickets, and I probably would have gone into another career, because I wouldn't have made any money as a theater maker. This idea that the County wants to preserve and we're holding them back, and the theater's falling apart -- If you're worried about mold in the theater, the County has the power to turn the air conditioner on. If they're worried about rats, the County has the power to call an exterminator. If they're worried about it falling apart, the County had the power to put up protections when the hurricanes were coming, and they didn't. So they're being very disingenuous, and they're disrespecting your intelligence and your ability to observe a duck, and call it a duck. I mean, Commissioner Hardemon, you asked about seats. A 300 -seat theater is going to limit income ability, period; that's why these other theaters are asking for more. It costs almost the same to run a 300 - seat theater as it does a 700 -seat theater. The reason viability is important as part of preservation is -- because the County brought it up first. They say we don't have money. They say we don't have plan. We have money, and we have a plan. Just because they say it doesn't make it so. 90 percent demolishing a building does not count as preservation, but that goes along with the rest of their funny math. That goes along with the rest of the way they're structuring this deal, and it's not right. How many times are they going to take advantage of us? They get overrun on every single project. They've never been -- brought in a project in by budget. Commissioner Reyes, your fiscal responsibility is admirable. You're giving us a new park right across the street from my house. But not everybody only loves a park. Theaters matter; it's where we commune; it's where we see ourselves; it's where we see our past and our future. We do not scale the building to the abilities of the man. We scale the man to the possibilities of the building. If a 300 -seater is -- a 300 -seat theater is all GableStage can handle, then GableStage should stay in a 300 -seat theater; not take over an institution. City of Miami Page 41 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: Thank you very much. Ms. Pelaez: Thank you very much, guys. (Applause) Ms. Pelaez: I support -- Chair Russell: Thank you. Ms. Pelaez: -- the veto. Chair Russell: Thank you. Richard Fendelman: Richard Fendelman, owner of the Coconut Grove Arts Cinema. I am donating my time to the greatest historical preservationist/architect. Melissa Meyer: Melissa Meyer, 25 year resident at 3161 Ohio Street of the Village West in Coconut Grove; architectural designer and professor of architecture, and I am donating my minutes to Richard J. Heisenbottle, historic theater preservation expert. Thank you. Chair Russell: Thank you. Six minutes, please. Richard Heisenbottle: No, I did not put 20 -dollar bills in each of their pockets. Commissioner Hardemon: (UNINTELLIGIBLE). Mr. Heisenbottle: Good morning, Mayor Gimenez, Mayor Suarez, Mr. Chairman, Commissioners, and member of the audience. And for the record, my name is Richard Heisenbottle, FAIR (Fellow of the American Institute of Architects), and I'm President of RJ Heisenbottle Architects, with offices at 2199 Ponce de Leon Boulevard, in Coconut Grove. I am here in support of the Mayor's veto. And as you will recall, the County's appeal -- or at the County's appeal earlier this month, I, along with my colleagues, Preservation Architect Rick Gonzalez; and Arva Moore Parks, next to me -- a renowned historian -- all spoke to you and provided clear and competent testimony and evidence that your HEP Board did not err in denying the County's application for Certificate of Appropriateness; that they did not err, because beyond the shadow of a doubt, they heard the same clear and competent testimony that you heard; that the County's plan does not meet the Secretary of the Interior Standards and Guidelines for the Restoration of Historic Structures. Moreover, you heard the State Historic Preservation Officer, the highest authority in the State of Florida, opine by letter, saying the exact same thing. This testimony is and was the legal backbone that is required for approval or denial of any COA (Certificate of Appropriateness) under Chapter 23 of the Miami City Code. Your Historic Preservation Board heard it, and voted to deny the County's COA request. The Commission heard it, and you voted; and Mayor Suarez heard it, and he vetoed. Now I'm not going to repeat myself today and go through that same sort of testimony, but I would like to address some of the comments and thoughts that are in Mayor Gimenez' letter that was sent to you yesterday. You heard from the County Mayor essentially a threat; that if something doesn't happen now, nothing will occur for years, or forever. I would say -- I would tell you not to succumb to that sort of a threat. This is simply not the case. Every candidate for Mayor supports the restoration of the Coconut Grove Playhouse. This project will get done in one form or another. Let's make sure it gets done right. In the letter to you, Mayor Gimenez implies that the Historic Preservation Board didn't have the right to deny the Certificate of Appropriateness application, when all of you know it most certainly did have the right. They have every right; that is their charge. City of Miami Page 42 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 He claims that the Historic Preservation Officer Warren Adams, who is standing behind us over there somewhere, recommended approval. Well, he did recommend approval, but later on, he went on to explain to you that -- at the last meeting -- that his recommendation was based upon a false misunderstanding of the previous actions of the board, and he corrected himself. You can ask him again if necessary. Mayor Gimenez goes on in his letter to tell you that Miami -Dade County's Preservation Officer performed an independent analysis, and concluded that the COA, as proposed, met all of the applicable historic preservation standards. Do any of you really think that the County's Historic Preservation Officer is really independent? Do you think that she may somehow know more than the State Historic Preservation Officer or more than Arva Parks; or more than Rick Gonzalez, who sits on the Florida Historical Commission and the National Register Nominating Committee? When the SHPO (State Historic Preservation Office) and Mr. Gonzalez tell you that if you go forward with the COA, the building will be de -listed from the National Register of Historic Places, rest assured, it will be de -listed from the National Register of Historic Places. You also heard the testimony of Ellen Uguccioni, the City's former Historic Preservation Officer, who wrote the -- what I have termed "a flawed Historic Designation Report. " But Ellen said herself -- and I quote -- "I'm also a bit chagrined at myself, because at the end of the report, I made a statement, 'Only the south and east fagades are distinctive,' which has led, I think, to people assuming that I was saying that only the east and west fagades are important, and therefore, we don't need to worry about the building envelope itself. I want to make it clear that my intent was certainly to include the entire building in the Historic Designation Report. When we designate historic buildings, we don't just do the envelope or what's seen from the front. I didn't receive" -- "it didn't receive its significance from being just two walls. It's an entire history of what happened inside this building, " end of quote from Ellen. Every film, from Lassie that Arva saw there, through my old favorite, when my wife fell in love with me during Cyrano de Bergerac, each play that was ever performed there is part of this history. The legacy of the playhouse, the heart and soul of Coconut Grove, needs to continue; most certainly, not as a new 300 -seat theater, with an old facade set in the midst of a retail and office development twice its size, but rather as a restored theater, continuing its legacy of theatrical and artistic excellence. The entire community -- preservationists, theater enthusiasts, and all community stakeholders -- can mobilize behind and support the Mayor's veto today. By supporting Mayor Suarez' veto, you are telling Mayor Gimenez to embrace the spirit of compromise; a compromise that saves the playhouse and saves the neighborhood -- Chair Russell: Thank you. Mr. Heisenbottle: -- a compromise that can be supported by the entire community. Thank you all very much. Chair Russell: Thank you very much. Are there any other people here to speak on the veto? Unidentified Speaker: (INAUDIBLE). Chair Russell: You'd like to speak on the veto? Would you like a--? Irene Monroe: Irene Monroe, resident of Coconut Grove. I give my time to Mike Eidson. Nancy Vogio: Nancy Vogio, 3316 Devon. I'm giving my time to Mr. Eidson. Chair Russell: Thank you. But before you speak to us, one gentleman who wasn't able to approach the lectern, he had a comment to make. City of Miami Page 43 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Jesus Bello: I would like to support the Mayor's veto. As a young man, I happened -- My name is Jesus Bello, 3301 Northeast 5th Avenue. I have wonderful memories of the Coconut Grove Playhouse as a young man; saw Marlene Dietrich, and Shirley MacLaine. So that is a wonderful experience, and I support Mayor's -- the Mayor's veto, all represent [sic]. Thank you. Chair Russell: Thank you very much, Mr. Bello. Mr. Hannon: Chair, if we could get the speaker's name? Chair Russell: He -- Could you say your name again, sir? Mr. Bello: Jesus Bello. Chair Russell: Thank you. Now if there's -- are there any other --? Not yet; we have one more speaker. I heard them; they already yielded their time. There were two people; is that right? Unidentified Speaker: (INAUDIBLE). Chair Russell: If -- he wasn't sworn in earlier. Todd, if you could administer the oath, please. Mr. Hannon: Good morning, sir. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony. Mr. Hannon: Thank you, Chair. Chair Russell: Six minutes, please. Mike Eidson: My name is Mike Eidson. I'm an attorney with Colson Hicks Eidson in Coral Gables, and I live in the Park Grove Condominium, Apartment 502. I have lived in Coconut Grove area for 45 years. And I'm here to testify today on behalf of upholding the Mayor's meto -- the Mayor's veto. This has always been about preservation. If you go back 13 years when the County concocted this plan, when they first concocted this plan to build a 300 -seat theater there and give it to someone who was operating a theater in Coral Gables, they knew that they had to tear down this auditorium in order to put the 300 -seat theater. I don't think there's any real question about that. They have been pursuing this for 13 -- 12, 13 years. For six years -- six years ago, the State agreed to send it to the County and FIU, and for six years, they have not touched this building. So they like to say that the building looks terrible, because in 12 years, they haven't spent a dime on the building, inside or out, so it will look like it looks today; quite dilapidated and ignored, this faded lady from the past. It will be 100 years old in seven years. In England, you couldn't tear this theater down. In England, they would restore this, because they have these different categories of old buildings. They like to keep their past. This is one of the last buildings in the '20s that we have left in this City, and it's probably, if it was restored correctly, the most important building in Coral Gables -- in Coconut Grove. And by moving a theater from Coral Gables to here does not change anything. I guess if they're going to bring great theater here, with this theater coming, that means Coral Gables is going to lose great theater, right? So we have a sum zero here by making this move over here and spending $55 million. What are we spending --? That's the value of the land and the money they want to put into this. To me, this looks like Coco Walk IT How long did that last? About 25 or 30 years. Somewhere in there is going to be a theater. You've got the old building they say they're going to restore City of Miami Page 44 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 stuck onto a modern building that's going to house 300 seats, and in front of that is some rock, and then they got a bunch of stores and apartments. It's going to be hard to even find the theater in there. It's not going to be the important theater that this theater was. In 2014, we decided to form the Coconut Grove Playhouse Foundation, a 501(c)(3), recognized by the Internal Revenue Service Non -Profit Corporation, to study the possibility of reopening this as an important national theater again in the old building; if that wasn't sound, then an enlarged theater building there. This was the most important cultural institution in this City for decades. Up to the time that they went out of business in 2006, they were drawing up to 125, 000 people, who were enjoying theater and being educated in the theater arts. It was one of the four or five largest regional theaters in the country. This City that prides itself on being a growing global city is the only cosmopolitan city in this country without a large -- without an important regional theater. They call it "lort,"L-O-R-T. We don't have any here. They have two in Sarasota; they have one in Jupiter. I've been all over this country and looked at these theaters, and talked to their directors to come up with the plan that I'm about to show you, because they have said in this letter that you got last night, this authoritarian letter that you got from the Mayor, that we don't have an alternative plan. And I want to show you that we have not only an alternative; we have the right alternative plan; a plan that we have put together over five years that we're proud of, and that we can afford to implement here. We have done this the right way. We set about proving methodically and deliberately over this period of time, using the finest experts in the country, including AMS Theater and Planning in South Fork, Connecticut, and Fisher (UNINTELLIGIBLE) in New York, and many -- I've talked to nine different architects about how this might be done and whether this theater can be restored, and whether it should be restored. So can we start with the first slide? Dennis Kerbel: Mr. Chair, Dennis Kerbel, Assistant County Attorney. Chair Russell: Just one --just a moment, please. Please finish up. Mr. Kerbel: No, Mr. Chair. At this point, respectfully, I have to object strenuously to the idea that someone else is going to present a rival plan for this board's consideration on the detail. There is -- Chair Russell: Can you stop this for some other time, please? There's two minutes left of his public comment, so. Mr. Kerbel: I understand, but this -- I just need to lodge the objection for the record. It is outrageous for someone to come into a quasi-judicial proceeding on another property -- another tenant or property owner's application and present a rival plan that is not before you. I just need to lodge that; and with that, I'll sit. Thank you. Chair Russell: Noted. Thank you. Mayor Francis Suarez: Mr. Chair, if I may? Mr. Eidson: Now that I've been interrupted -- Mayor Suarez: Mr. Chair, if I may? Mr. Eidson: -- how much time do I have left? Chair Russell: I'm sorry. Mayor Suarez: May I? City of Miami Page 45 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: You have two minutes left. Mr. Eidson: Two minutes. Okay, start the slides. Chair Russell: Mr. -- Mayor Suarez: No, no, go ahead. Let him finish. Mr. Eidson: Okay. This over here is the look of the front of the restored playhouse. Next slide. This is the front of the new Coconut Grove Playhouse, which has got a building to the right, which is a educational and community outreach building. We can afford to do this. We restore the entire theater to its 1926 condition, like we did in Coral Gables for the Books 'N Books Building, and -- go ahead, Adam. And next, on the left -- go to the next one, next one. That's the three different parts of this plan. That's the inside. The next one is the small theater that we will build next to it. We can afford to do this. The total cost of this is less than $50 million. If the City of Miami puts in $10 million into this project, which we discussed with the last two Mayors, we would have $36.5 million -- not 20 -- $36.5 million -- and we have 5 right now. We have not done anything. If you read the letter, you'll see. Oh, by the way, the letter mentions the fact that they're going to do a lot of things for the West Grove and include them in this, which they're not. They're going to give them a path through this project to walk into the Grove. They're going to also --they implied that the State approved 300 seats, like the -- not -- the State suggested or improved 300 seats that was -- had nothing to do with this. They put that in there. They wanted 300 seats. They always wanted 300 seats. They cannot put 300 seats into the restored building, and that's why we're here today. How can you award somebody who has spent 12 years trying to shove this down our throats, and is going to spend another five years trying to build 300 seats here? I have done everything I can do here. I've put $2 million into this out of my own pocket, because I believe this is right. I love the plan. I think this is a good plan. I think if not now, when? If not here, where? This is one of the most important theater sites in this country. People all over the world are going to reverberate to what we do today. This is a 100 year decision. This is not a little decision about building a 300 -seat theater. It's about what we consider important, what legacy we leave to our children, and I -- as I've said, I've done everything I can do. I will be there to help anybody who wants to build the right thing here. But at this point, I appreciate very much you giving me the time to speak here. Chair Russell: Thank you. Unidentified Speaker: Okay. Chair Russell: Do you need an additional two? Mr. Eidson: Yeah, I could use another two minutes. Chair Russell: Okay, two minutes, please. Mr. Eidson: I think a very, very important -- we call this the Coconut Grove Playhouse Center, and it's going to cost between 45 and $50 million. We have cleared that with Sask International, which built the science museum. We know that's what it cost. We own the land. It's going to cost about 45 to $50 million to build this. As I said, we have $36.5 million now. If the governments -- we've got the State Government, the Federal Government involved, putting up tax credits, $4.5 million; 2 from the State, for preservation; 10 from the City; 20 from the County, and we will raise 20 million. In the last 14 years I have been in leadership at the Arsht Center, we have raised over $100 million. You can check the records. I've been involved in this for 25 years. This is my passion, and this is what I spend my time doing every day; City of Miami Page 46 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 reading this, and making sure we pay every single person. We have never missed a performance. And we can afford to do this in this great -- this city that's aspiring to greatness. This is a gap in our cultural offerings, and this is the last chance we're going to have for decades to do this thing right. Thank you very much for letting me speak. Oh, I didn't finish it. 30 -- $56.5 million is what we've put into this plan. We would not stop there. We have raised $7 million for the Arsht Center in the last two months. That's all money that supplements the Adrienne Arsht Center's operations that allows us to do programs for people who are underserved in this community, like the Ailey Camp for 150 kids every summer. We have --that is what we want to do in Coconut Grove. We want everybody in this community participate in this. We don't want this to be a theater that's open from 7 to 9, four or five days a week, and closed 22 weeks a year. We want this to be a center that we can afford here that's in the right place, because Coconut Grove has got a brand all over the world. If you said something to somebody about trying to save Coconut Grove in London, England, they would know where it is, what it is, and why they're for you. So I appreciate the time that you've given me here today. Chair Russell: Thank you very much. Commissioner Carollo: (UNINTELLIGIBLE). Chair Russell: Please ask to be recognized. Commissioner Carollo: Mr. Chairman -- Chair Russell: Commissioner Gort's asking to be recognized. I apologize. Commissioner Carollo: I -- if he could stick around here for a second. Chair Russell: Just please --just -- Vice Chair Gort: I only have one question. You mentioned Adrienne Arsht Center, correct? Mr. Eidson: I was the President -- yes, sir. Chair Russell: Commissioner Carollo. Mr. Eidson: But I did more than that for the ballet over nine years that I was President there. Commissioner Carollo: You -- yeah. That caught my attention, too. You were the President of the Adrienne Arsht Center, Chairman of -- Mr. Hannon: Sir, you need to make your comments on the record. Commissioner Carollo: -- and you said you raised -- what? About 7 million? Mr. Eidson: We're raising -- we're supposed to raise about 6.5 to $7 million a year for our budget, and that's what we've raised every year -- Commissioner Carollo: I see. Mr. Eidson: -- since we opened in 2006. Commissioner Carollo: So you're real good friends with Adrienne Arsht, I suppose. City of Miami Page 47 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Mr. Eidson: What? Commissioner Carollo: You're good friends with Adrienne Arsht, I suppose. Mr. Eidson: Well, I've worked with her. I can't say I agree with everything that she's Commissioner Carollo: Well -- Mr. Eidson: -- you know -- wants to do, but we -- I have a great relationship with her, actually. Commissioner Carollo: Did anyone from the City in the last month or two ask you to speak to Adrienne so she could open up her home for a little affair? Mr. Eidson: If I asked anybody from the City -- Commissioner Carollo: No, no. Did anyone from the City of Miami ask you to speak to Adrienne Arsht so that she could open up her home for a little affair? Mr. Eidson: No, sir. Commissioner Carollo: Okay. Mr. Eidson: And I saw Adrienne at the gala that we raised -- I'd say we raised almost $7 million -- it's probably closer to $6.2 million -- in donations, and money that we raised at our gala. I can even tell you the people who made the donations. And at the ballet, we raise 6 to $7 million a year for the 10 years that I was the President and the Chairman. And I'm involved in these things on a daily basis. I don't just chair a board. So I've worked very closely with Adrienne. Adrienne gave $30 million for the Adrienne Arsht Center to put her name on that center, and to support what we have done in this community by building that wonderful institution. Commissioner Carollo: Well, I -- Mr. Eidson: Since that time, she's given another 6 million. Commissioner Carollo: --have no problems with Adrienne. I know her. I know she's given a lot to the community. I was just trying to put one final piece to a certain puzzle that I won't deal with today. Mr. Eidson: Thank you for asking; I appreciate it. Chair Russell: Thank you very much. And -- Commissioner Reyes: Mr. Chair? Chair Russell: -- Mr. City Attorney, there was an objection filed with regard to the public comment, because it brought up -- Mr. Mayor? Mayor Suarez: Yeah. I just want to address the objection. The veto that I filed or executed was based on the record and it was based on the decision of the HEP Board and it was based on the County's plan, and no alternative plan. Thank you. I think that should address the objection. City of Miami Page 48 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: Thank you very -- and for the dais, I just want to make sure that we also are not voting on a -- an alternative plan, even though it was presented in public comments here. The veto is -- I mean -- I'm sorry. The -- it's already been a long day. Commissioner Reyes: Mr. Chairman? Chair Russell: It's been noted and -- but we will disregard the alternate plan in our decision-making process regarding the veto. Commissioner Reyes: Mr. Chair -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- a point of information. And I will request that we table this for now. I have to leave, and I have to -- a plane to catch, and I would like to see RE. 14 before we -- Chair Russell: Thank you, Commissioner Reyes. I apologize, but by -- we must take this up as the first substantive item -- Commissioner Reyes: Okay. So -- Chair Russell: -- of the day, and we cannot take up any other items until we dispense with this one. Commissioner Carollo: Well, no, that's fine. The only thing that I ask is if we're going to be short a Commissioner, I, myself, have to leave at approximately -- Chair Russell: Please, please. Commissioner Reyes: I had this trip before the Mayor vetoed it. Commissioner Carollo: I have to leave at 3:30. Chair Russell: Understood. Commissioner Carollo: I'll be back as soon as I can. Commissioner Reyes: Yes, sir. Commissioner Carollo: So whatever items we have in the agenda that we're going to be short a Commissioner, I'm going to be asking for deferrals, so. Chair Russell: Listen, please. Everyone quiet. (UNINTELLIGIBLE) the City Attorney. Commissioner Carollo: I'm not asking for a deferral for this item. It's here. Chair Russell: It's -- will be no deferring this item. Commissioner Reyes: No. I will be -- I want to vote on this right now. I mean -- Chair Russell: All right. Let me clarify procedure. There will be and can be no deferral of this item or reconsideration at another time. Commissioner Reyes: That's right. City of Miami Page 49 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: It is the first item we have to take up, and we must dispense with it. If no action is taken, the veto is sustained. The only action that can be taken at this point is a motion to overturn the veto. And so, basically, we are finishing up our public comment. We'll be as expedient as possible, because we don't want to lose you, but we must take this item up. Commissioner Reyes: That's right. But what I was asking is to vote. Get a -- Chair Russell: I wish we could. Commissioner Reyes: --fast vote -- Chair Russell: Yeah. Commissioner Reyes: -- I don't know, but I was informed that it was in agreement with the statute -- I mean with the procedure. Chair Russell: I'll be happy to hear an opinion on that, but I certainly don't want to take any action here that would jeopardize -- Commissioner Reyes: No, it's -- Chair Russell: -- our decision on this playhouse issue at a higher court if we take up other substantive items before, in violation of the law. Madam City Attorney. John? John Greco (Deputy City Attorney): Mr. Chair, the City Code does state that this item has to be considered today. It cannot be deferred to a different day. Also, it has to be considered as it is. There --you can't impose an alternative plan; although, you know, we have had evidence prior to this that relates to the feasibility of doing this, and so on, and so forth. However, what the City Code does say, technically, is that the Clerk is directed to place this on the next regularly scheduled Commission agenda as the first substantive item for consideration --for Commission consideration, which the Clerk has done. We have been considering this all morning. And technically, a brief tabling would not be in conflict with that section; although I would emphasize that the Code does indicate that it is to be the first substantive item for consideration, so -- Commissioner Reyes: Okay. Then let's -- Chair Russell: Just a moment, please. I'm recognizing the Mayor. Mayor Suarez: Thank you, Mr. Chair. If the County would waive its right to make a procedural argument on the basis that we take up other -- you know -- other items, I would be fine with taking up whatever other items the Commissioner wants to take up. Commissioner Reyes: No, listen. If it is going to jeopardize anything -- Mayor Suarez: Right. Commissioner Reyes: -- and I would not do it. I will allow my colleagues to -- I'm very concerned about choosing the attorneys that's going to represent -- Mayor Suarez: And you have (UNINTELLIGIBLE). Commissioner Reyes: -- the City in the negotiation with the Mayor, a real estate project that is going to be -- I mean, supposed to take place -- City of Miami Page 50 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: Right. Commissioner Reyes: -- on Melreese. But if it is -- I mean, it's going to cause any problem, I will humbly ask that somebody entertain a motion so we can talk. I can give you my opinion on this, and maybe we can vote before I leave. Chair Russell: You have to leave in 20 minutes, right? Commissioner Reyes: That's right. Chair Russell: All right. How are we with the County with regard to presentation of your side of this item? Sorry. Mr. Kerbel: We have a brief rebuttal. I want to make some legal points in response to what we've heard, and the Mayor has a short closing. Chair Russell: How many minutes? Mr. Kerbel: Five minutes. Chair Russell: Five minutes total? Commissioner Reyes: You see -- Mr. Kerbel: Five minutes total. Commissioner Reyes: Can we make our comments now? Because I -- Chair Russell: Not on another item. Commissioner Reyes: No, no; on this item. Chair Russell: On this item. I believe that we -- the way we should finish this up -- Barnaby Min (Deputy City Attorney): Commissioner -- Chair Russell: -- is allow the County their five minutes, and then we see if there's a motion. And that's where we are. Commissioner Reyes: Okay, okay, because I had -- I have some notes here, as Commissioner Gort suggested, and one of my notes is that I have heard a lot about that we are going to lose the designation, national designation, have had a national -- our place in the National Register of Historic Places. That's not so, because from -- if we follow history, that we are following history, I am going to remind you what happened with the Sears Building. The Sears Building was -- I mean, it was in the National Register of Historic Places, and it was demolished, and the tower was preserved, and still is a historic place, and still receives some -- I mean, receives funds, Federal funds. You see, that argument -- and I think that it doesn't hold water, but one thing that really, really bothers me is that we have used this veto, which is -- and I said it at the beginning -- it was particularly about the vote and about the designation of the auditorium as historic. And I have heard, and heard the same arguments, and I'm sorry that I've got to say this, but I have heard the same arguments. We can build a 600 or 700, a thousand, and all of that. Well, if you can do that and you can raise the money, go for it. But this is not what we are doing here. If you want to raise the money and work with the County, and you're going to find the patrons of the arts within our community that are willing to place more money and they are going to support -- because it's not only building the playhouse. How are we City of Miami Page 51 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 going to support it and who takes ownership of the maintenance of that? Because I don't want the City to take ownership and be responsible for any shortage that they have in the operation that they would have to subsidize it. I will vote against that. I mean, we have done that for too long, you see? But if you want to do it, just go right ahead and do it. But the vote here is, is that historic? It is historic or it isn't historic? And -- period. That's --I think that's the only thing that we should consider here. Chair Russell: Thank you. Commissioner, that's again for our discussion. I'd like to let the County finish their presentation. Is there anyone else before I close public comment who would like to address this dais? All right. I'm closing public comment. One more. Because once we start the County, we're going to ask questions of the County and we'll be done with public comments. I want to make sure. If there's anyone from the public who hasn't been heard who would like to be heard, this is the moment. Okay, so we have two more for public comment. Brenda Betancourt: Yeah, very fast. I'm support of the veto. Even though we want to do more things, to build new stuff, I think that then in that case, I should knock down my house from 1920 instead of be working and trying to get it restored every -- little by little, because it's hard to find the right things, how to put it in old houses, older structures, but I think that they are very important for our society, for our children. Sometimes, we just think about a mall, another mall to go shopping; another thing to go do something else. But sometimes it's important and responsible to restore buildings to make sure that our children know what they did, those grandparents, fathers; that they built things in this City. It's important for us to have it. The restoration committee, most of the time, they don't have the power. If anybody wants to buy something and they want to knock it down -- we see that every day in the City of Miami -- it get knocked down. So if it's -- they want to save it, I would prefer for you guys to actually vote for save it. That would be my preference, so I'm in favor of the veto of the Mayor. Chair Russell: Thank you very much. And is there --? I saw one more hand. Sir, did you want to speak? Rommel Arrelan-Marinas: (INAUDIBLE). Chair Russell: Sir, you need to do it on the record, and let us know your name. Mr. Arrelan-Marinas: Yes, yes. But I collect all my information already. Rommel Arrelan-Marinas, 441 Northeast 145th. I am in favor of the County's plan and to override the Mayor's vote. Chair Russell: Thank you. Closing public comment; last chance. Thank you all very much for your advocacy. County. Mr. Kerbel: Good morning, Mr. Mayor, Mr. Chair, Commissioners. Dennis Kerbel, Assistant County Attorney, with offices at 111 Northwest 1st Street. I am privileged to represent Miami -Dade County on this project, and I want to start by correcting some misconstructions of the law in the record that have been presented. There's some confusion, I think, in the public about -- let me start with the ballot. The ballot question that actually went to the voters is: To construct and improve libraries, cultural facilities, and Head Start Learning Centers for preschool children, to offer multicultural educational opportunities and activities, described in Resolution Number 91904, adopted July 20, 2004. Shall Miami -Dade County issue general obligation bonds to pay cost of such projects in a principal amount not exceeding $552,692,000; bearing interest not exceeding maximum legal rate; payable from ad valorem taxes? That was the bond question. The bond question references a resolution, and people have noted that there's an entry in that resolution regarding City of Miami Page 52 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 the Coconut Grove Playhouse. But the resolution is also clear that a majority vote on the Board of County Commissioners following a public hearing can change those projects. So nothing that we are doing here is inconsistent with the ballot language, and I want that record to be clear. The second thing is we've heard a lot of talk about a mall or a retail structure, and I want to reframe that discussion, because what we're talking about here is commercial uses in the iconic front building. Commercial uses in the iconic front building are what was there in 1927; that's how it was designed. So to say that we are adding a mall is a misnomer. As for the other retail spaces, your Miami 21 Zoning Code requires a liner building for the garage; that's the other retail space. So to call this a mall is completely -- is a complete misnomer. We have heard comments about the lease, and accusations that we are in breach of the lease. First of all, that is not a consideration for this board; second of all, we are not in breach of the lease. The State has not found that we are in breach of the lease. We have had ongoing correspondence with them. The State has asserted accusations. We have responded and said, "The lease, in fact, does not have set timetables. We are not in any way in violation." They have not taken any action to find us in breach. So it's not an issue before you, and it's also incorrect to make any accusations on that front. In terms of the legal standard before you, I also -- and I'm sure that the audience is not going to enjoy this -- I need to reiterate that this historic preservation proceeding is a quasi-judicial review of an application based on a plan. It is not legally an opportunity to revisit our business plan with the State. That is between the County, Board of County Commissioners, FIU and their Board of Trustees, and the State. So we've heard a lot of talk about it, but that's not properly before you. And so, finally, let me re -center on what is the question before you. The legal question before you is: Do we meet the standards for a Certificate of Appropriateness under your Code? The testimony that you heard that was contrary to our plan is all premised on the same error; and respectfully to the Mayor, it infects the veto entirely, and that is the idea that the National Register designation in any way governs this. It is an honor. We are intending to build a theater and restore great theater to this location. The theater is important, but the National Register designation is premised on an analysis of the interior of the building that is not preserved. The governing legal standard here is your 2005 Designation Report. And by the way, for all the testimony about what was in or what was not in, and what Ms. Uguchionni may have thought about what she should have included, no one has addressed the main issue, which is the interior was not preserved, and it was not preserved correctly. We've heard a lot of talk -- in fact, Mr. Heisenbottle took a -- what I thought was an ad hominem attack on the County's Historic Preservation Officer, Sarah Cote, who I need to personally defend, because I work with her. She is of the utmost integrity. She did do her own independent analysis of this project. She found much as the City's Preservation staff did that we meet the actual standards. So Mr. Heisenbottle, who I should add, is a frustrated bidder in this case -- he wanted to build this facility. He was not chosen for the project. The person who was chosen for the project was George Hernandez. And of all of the testimony that you've heard, there is not a single person who has assailed George Hernandez' credibility or his assessments of the historic value of this building. And he did a year-long analysis. And so with that, when you look at the right standards, this project meets the standards for a Certificate of Appropriateness, and there is no evidence to the contrary. And with that, I'll leave it to the Mayor to bring this in for a landing. Thank you. Mayor Gimenez: Thank you very much. And I just want to reiterate one thing -- a couple of things, actually. Number one, Miami -Dade County is the only one that's bringing any money to the table. I know we've had many promises -- Chair Russell: Please, please be quiet, everyone in the audience, please. Mr. Mayor. Mayor Gimenez: -- by Mr. Eidson. Mr. Eidson and I have been in conversation for years. You, the City Commission, gave Mr. Eidson three months to raise $20 million. City of Miami Page 53 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 He didn't raise a cent. I gave him time to raise $2 million. He never raised a cent. So all this that, "I can raise and I can raise, and I can raise, " I'm sure he can, but apparently not for this project, because he's been given opportunity after opportunity after opportunity to raise funds for this project, and it hasn't happened. Miami -Dade County is the only one that has a viable plan. Miami -Dade County will restore what everybody knows to be the playhouse; the iconic structure, the iconic building in the front that all of the photographs that we know of show, because nobody is going to show the back. Nobody's going to show the -- you know -- what Commissioner Carollo says, a Hialeah warehouse. Nobody's going to show that, because that is not what is the iconic Coconut Grove Playhouse. The Coconut Grove Playhouse is on the list of historic places. So was the Sears Tower, the Sears Building. The Sears Building was also on the National Register of Historic Places, because it was actually the first art deco building in Miami -Dade County. So what happened at the Sears Tower, the Sears Building? The Adrienne Arsht Center was built behind it. Most of the structure of the Sears Building is gone today. The Adrienne Arsht Center sits there today where that was. There is one element that remains, and that one element is the tower. And I hope that, you know, you can kind of zoom in on this, because that's what it looks like today, the tower. It's still on the National Register of Historic Places, and it was restored to its original look, the tower; not the rest of the building. By the way, do you know who the architect of record was for this project? Richard Heisenbottle. So for him to say that we cannot maintain our historic designation, that we can't bring back the look -- the way that this looked back in 1927, restored to its natural glory, and build a modern theater behind it is a little bit hypocritical on my point of view. And so, I would hope that this Commission would find in its wisdom to override the Mayor's veto so that we can get this project off the ground. We are ready to go. Delays will cost us one, two, three years. And God knows, if the State takes it back, because once we're done with our process, if we can't finish our project, then probably the State will take it back. We don't know what's going to happen after that. So please go ahead and vote. And hopefully, you will vote to override the veto, and we can work together to bring great theater to Coconut Grove. Thank you very much. Chair Russell: Thank you, Mr. Mayor. Is there a motion to adopt Resolution R19- 0169, and become effective, notwithstanding the veto of the Mayor? Commissioner Reyes: Excuse me. Mayor Gimenez: I'm sorry, can I put this in the record? Chair Russell: I'm just asking if there's a motion. Yes, you may submit that into the record. I'm asking if there's a vote -- is there a motion to override the veto of the Mayor? Commissioner Carollo: There is a motion to override the veto of the Mayor. Chair Russell: Is there a second? Commissioner Reyes: Yes, there's a second. Chair Russell: There's a motion and a second. Discussion amongst the dais. Mr. Mayor, would you like to be recognized? Mayor Suarez: Thank you, Mr. Chair. And I have not had an opportunity to speak on this item. Obviously, I issued my veto memo, so I would ask for a little bit of latitude; not too much, but a little bit. There's been hours and hours and hours of testimony by all sides; by the County, particularly. And so I -- one of the things I want to do is I want to have one of my staff members address the veto itself from a technical perspective, and the Mayor's response to the veto, and the County's points relative to City of Miami Page 54 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 the legal standard, et cetera. But I have to begin before that -- I just have to -- by reiterating or requoting the Mayor of Dade County, who -- and I quote -- just said, "Miami -Dade County is the only person bringing money to the table. " That is a direct quote. Anybody can pull the tape, rewind the tape, whatever you want to call it. "Miami -Dade County is the only person bringing money to the table." Commissioner Reyes and Commissioner Gort were very, very in the -- in their deliberation over whether or not they would grant the Certificate of Appropriateness were very concerned about what the City of Miami's obligations were. There's been a narrative out there that there -- this is a $23 million plan that is fully funded that is the only viable plan. That narrative has been out there. And I will tell you and I will show you in my comments how that is relevant to the veto message, and is part of the standard that we have to apply. To say that Miami -Dade County is the only person bringing money to the table -- I don't even know where to start. The plan, the County's plan contemplates -- the County's plan contemplates using $9 million from the Miami Parking Authority, $9 million. I think it's 6 million from the Parking Authority and 3 million from the BID (Business Improvement District). That's City of Miami money, number one. Worse than that, worse than that, it contemplates, their total -- their entire plan contemplates a City contribution of $28 million for capital. Let me reiterate that for all of you to hear this. $28 million for capital from the City of Miami. The County's contribution is 22 or 23 million. I'm not exactly sure what the exact number is. They are asking the City, under their plan, to contribute $28 million, and an annual operating subsidy. Commissioner Reyes was very, very clear that he did not want us subsidizing the theater. And the Mayor was very adept at getting right up and saying, "Wait, wait, wait. Everything but the MPA (Miami Parking Authority). " Of course, because the MPA is everything else. The MPA is a 450, 000 annual operating subsidy for the playhouse. That is City of Miami general fund dollars. The $28 million -- which, by the way, 20 million of which is unaccounted for. 20 million of that is unaccounted for. In the County's plan, it is a 50 -- not a $23 million -- it is a $50 million plan, if you study the MOU, which is part of the record -- a $50 million plan; 23 million to build, by the way, a new 300 -seat theater. And I will refer to something that Mr. Curbello talks about. I think it was his -- I want to say Point Number 1, when he talks about the ballot language. The resolution that the County passed, which is Resolution R-919-04, providing for and the holding of a special bond election in Miami -Dade County, references an appendix, Appendix "A." And in Appendix 'A," when you look at Project Number 299 -- Municipal Project Location: Miami -- the project name is, "Improvements to the Coconut Grove Playhouse." Improvements to the Coconut Grove Playhouse. GOB (general obligation bond) funds would complement other funding to reconstruct the Coconut Grove Playhouse to restore its structural identity and add to its performance and educational capabilities; $15 million from that line item. Do you know how much the County's plan right now contributes to preserving the Coconut Grove Playhouse; how much County dollars? Zero. Zero. The entirety of the County's plan, the entirety of the County's plan is predicated on the Miami Parking Authority, the City of Miami, restoring the southern and eastern facades, and creating a little lobby area -- whatever you want to call it -- which, by the way, is going to have commercial -- commercialization in it -- at our cost; $5 million. The City of Miami is paying every single penny; which is why I find it so interesting and bewildering that we sit here, five and a half years after the lease was given to Miami -Dade County with nothing; nothing to show for it. And I'm wondering, how can that be? And it's very obvious when you look at the record, when you look at the MOU. It's because the City -- the County never contemplated for them to contribute one penny for the restoration of the faqades of the building; and so, that's why nothing has been accomplished -- or the garage, by the way; that's why nothing has been done. I'm going to ask one of my employees, Eddy Leal, to please make a presentation on the basis of the veto. And I just want you to understand that the relevancy of that information, the reason why it is relevant to the record is because our Code, our own Code states -- which, by the way, it's also consistent with State Statute and is referred to in the Florida Department of City of Miami Page 55 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 State letter from their Preservation Officer. And I do agree with Mr. Curbello that we should avoid ad hominem attacks; they should be avoided with reference to the County's Preservation Officer, which, I'm sure, acted in good faith. They should also be avoided with respect to Mr. Heisenbottle, which I think we all know has a stellar reputation in this community. But if you look at the State's own letter, it talks about the fact that there must be no feasible and prudent alternative to the proposed demolition or alteration. That is State Statute. There must be no feasible and prudent alternative. The County is the tenant, and you know how much money the County is dedicating to the preservation of the playhouse? Zero; zero of its dollars. So I don't believe that it meets that standard. And by the way, our Code -- and I hope I'm not stealing all your thunder, Eddy -- which is Section 23-6.2, talks about Certificates of Appropriateness that are issued when demolition is contemplated; the alteration of existing structures. And it talks about the Secretary of Interior Standard for rehabilitation and the guidelines, and there's obviously been testimony from probably both sides on this issue. Obviously, I was persuaded by the competent and substantial evidence in the record that the County's plan does not meet this standard. But one of the components of that standard, Subsection 4, talks about unreasonable or undue economic hardship. I've already explained to you that they haven't even dedicated one dollar of their bond money to the restoration of the playhouse, so I don't think it qualifies under that standard. But in addition to that, it talks about that they must make a written statement presenting factual data that shall be in the form of a sworn affidavit containing the following information. Frankly, a letter from the Preservation Officer saying that they've analyzed a bunch of plans; which, by the way, maybe they have, but none of it is in the record for us to see what they have supposedly analyzed. I've asked our MPA Director; I've asked our Preservation Officer, "Is there anything in the record" -- we scoured the record -- "that talks about this supposed plan that they had that talked about them" -- "it not being feasible?" We couldn't find anything in the record. And frankly, it's not enough that they make that statement. They have to swear to it in an affidavit. And the reason why they have to swear to it in an affidavit is because we're talking about historic property. We're talking about our soul. We're talking about things that matter to people over the course of decades. So we don't just allow people to demolish them without good reason. We make it difficult. We -- there is a process. They have to go to the HEP Board. If they're not happy with the HEP Board Certificate of Appropriateness, they have a right to appeal, which they did. If they're not happy with that -- or the Mayor has the right to veto that appeal. That's another part of the process. And this Commission has the right to override that veto. That is another part of the process. It is a very comprehensive process. The County has already indicated tome that they're going to sue if the Mayor's veto is over -- upheld. The Mayor told me that on Friday in my office. And so, to me, they don't respect the process. They don't respect the owner of the property, which has said very clearly that the County and the City should meet, which is why I reached out to the Mayor on Friday. I called him before I issued the veto. I called him after I issued the veto. I saw him at an event, and I invited him to my office to talk about how we could resolve this to preserve the playhouse. So, you know, I -- that -- those are my introductory remarks. I have more remarks based on the veto itself and based on the record, and based on the legal standards. But I will defer to Mr. Leal for his comments. Thank you. Chair Russell: Mr. Leal, I -- what I would like to do -- because I do believe the will of this board is pretty ready to vote, but I imagine what you would like to proffer is anything that will make the case on further appeal that happens; that you would like things entered into the record so that whichever way this goes, you know, whichever - - if there's a lawsuit that something's been placed in the record on behalf of the Mayor. Is that what we're looking at? Eddy Leal (Counsel to the Mayor): Yes, Chairman; that's correct. City of Miami Page 56 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Reyes: Mr. Chair? Chair Russell: Yes. Commissioner Reyes: Chair, the floor --and I want to know what's your position and Mr. Leal: I'm a staff member for the Mayor. Commissioner Reyes: You're staff member for the Mayor. Okay, okay. Mr. Leal: Thank you, Commissioner. Commissioner Reyes: And you are an attorney, also, right? Mr. Leal: Yes. Commissioner Reyes: Yeah, because I remember you from the --from that -- Mr. Leal: We've before your -- this Commission -- Commissioner Reyes: That's right. Mr. Leal: -- and I think as a -- Commissioner Reyes: That's right. Mr. Leal: -- and I'm happy to be before you on a different -- Commissioner Reyes: From the Babylon. Mr. Leal: Yes, Commissioner. Commissioner Reyes: Yes. I remember you from the Babylon. Commissioner Carollo: Oh, the Babylon. Commissioner Reyes: Yes. Commissioner Carollo: I knew that face was familiar. Mr. Leal: Hopefully a friendly face. Commissioner Carollo: Yeah. Commissioner Reyes: That's right. Mr. Leal: Hopefully a friendly face. Commissioner Carollo: The old Scarface building. Chair Russell: Thank you. Gentlemen, time is of the essence. I'd love to wrap this up. We're really close. Commissioner Carollo: I didn't catch your full name. What is your full name? Mr. Leal: Eddy Leal. City of Miami Page 57 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Carollo: Eddy Leal. Mr. Leal: E -D -D -Y,• L -E A -L. Commissioner Carollo: And what is your title? Mr. Leal: Uh -- Commissioner Carollo: Your title; I know you're an employee but -- Mr. Leal: Counsel for the Mayor. Commissioner Carollo: Counsel for the Mayor? Mr. Leal: Yes. Commissioner Reyes: Legal counsel for the Mayor? Mr. Leal: I am a legal -- I am a licensed attorney in the State of Florida; I'm a licensed attorney in the State of New York; I'm a licensed attorney in North Carolina. I took and passed those bars. I am an AV Preeminent rated attorney. I have -- certified as a rising star super lawyer. Commissioner Reyes: Oh, man, you're a super lawyer, but I just asked a simple question. I mean -- Chair Russell: All right. Please, gentlemen. Mr. Leal: I could keep going if you -- Commissioner Reyes: All -- with all that pedigree, I don't know what the hell you're doing working for the Mayor. Chair Russell: All right. Gentlemen, please. Gentlemen, gentlemen -- Mr. Leal: I don't work for the -- I did this because I want to help, and I want to be a proud member of our City, and that's why I'm here. (Applause) Commissioner Reyes: That's good. That is good. Mr. Leal: Just like you; just like you and everybody here. Commissioner Reyes: I wanted -- I just wanted to know what was your -- what's your title and if -- your title. I don't know if the Mayor wanted an alternative to come with us -- Commissioner Carollo: I'm confused. Chair Russell: Please, let's get his comments on the record so we move on, please. Commissioner Carollo: I just want to get your official title again. I'm a little confused. Mr. Leal: Counsel for the Mayor. City of Miami Page 58 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Carollo: So that's your official title -- Mr. Leal: Yes. Commissioner Carollo: -- counsel for the Mayor? Mr. Leal: Yes. Commissioner Carollo: Okay. Well, we'll deal with that at another time. This is not for this time. Mr. Leal: Be happy to, Mr. Carollo. Chair Russell: Thank you very much. Mr. Leal: Let's get to the (UNINTELLIGIBLE) of (UNINTELLIGIBLE) before -- Chair Russell: Please, how much time do you need to make your statements? Commissioner Carollo: Absolutely. Mr. Leal: Thank you. I think my remarks will be very brief, so I would ask three minutes. And the issue here that I want to address is the due process claims and the application of the supposedly wrong law that was apparently misapplied by the HEP Board. As we know, the Mayor's veto, what it does is reinstate the HEP Board's decision. It is crucial that -- I know we've mentioned it, but it is crucial that this decision has to be guided by quasi judicial factors. So I know we hear about urgency being a factor. Urgency is not a factor that can be considered and should not be considered. It has to be a process. And to the extent that substantial and competent evidence is necessary to support the vetoes, it is supported. The appeal should have been denied. And this is one of those "sexy" topics that only attorneys like to talk about, which is jurisdiction, butt know that it's important, because for a court to have jurisdiction, it has to first make sure that it has jurisdiction. In order for the City to issue permits, it has to have jurisdiction over that property. Everybody recognizes that jurisdiction is a big, important topic. Now, the denial up here should have occurred because the appeal was premature. It was an unperfected appeal. Jurisdiction can be raised at any point in the proceedings. And let me explain under three reasons why this appeal should have been denied. That does not address the merits, Commissioners. This only focuses on the issue about whether the appeal was perfected and should have been decided by this Commission. One, the HEP Board permitted the applicant, the County, to come back and submit revised plans that did not jeopardize the National Register designation. Two, the County did not accept the deferral that was suggested for further evaluation. Three, the HEP Board was prevented from hearing the full details of this plan. If we go back to the minutes from March 5, 2019, you will see that that hearing took hours. At approximately -- and I'm reading now from the minutes -- at 12:15 a.m., the Board suggested the applicant to consider requesting a continuance, although the applicant was not obliged to, because some board members articulated that after a lengthy discussion, the specifics of the new design plans had yet to be discussed. The suggestion of continuancy [sic] would allow for the County's new design plans and massing to be looked in detail by the Board. The applicant declined the suggestion. So what you have before you, Commissioners, is you have a decision by the HEP Board that was preliminary in nature. Yes. If you read the four corners of the document, it will show that you have an appellate right, but you, as a Commissioner, can make a determination whether that is a ripe appeal; whether the HEP Board actually heard everything, and it did not. I looked at the video last night to refresh my recollection, and you will see the County saying, "We want you to vote up and down. " Well, they received an up -and - City of Miami Page 59 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 down vote, and respectfully, the HEP Board said, "We're declining to exercise our right under the Charter, Chapter 23, to give you a Certificate of Appropriateness. So at this point, when they appeal, it is improper to have a decision by this tribunal, by this Commission, to exercise jurisdiction. So under that ground, you can sustain the veto, because the appeal was improper. Again, jurisdiction can be raised at any stage of the proceedings. Any reasonable appellate attorney will tell you that's the case. Now, the HEP Board seeks to affirm the HEP's decision, and there are two important factors that have been discussed, and I want to zero in on. One is, it is clear from the record -- and I'm referring to the March 1, 2019 letter from the Department of State - - that the standards under the County's plan were not met, and people say that, but I wanted to dig a little bit further into that analysis. The standards are 10 standards, and the standards that are not met are 1, 2, 4, S, 6, 10; more than 50 percent of the standards that are recommended by the Secretary of Interior were not met by the County's plan. It wasn't one. It wasn't two. It wasn't three. It was more than 50 percent of the plan did not meet the factors. I know that there's been a discussion about Sears, and whether Sears, after the fact, became national designation or not. Now that is speculation. And I think it would be improper at this time to consider what could or could not occur. The fact is that the letter that you had before the HEP Board, the letter that you had before the County Commission specifically stated that (UNINTELLIGIBLE) were not met. The standards were not met. Number two -- and I know Mayor addressed this on his preliminary remarks, and it's important, because, again, we sit here in a quasi-judicial proceeding, so you're essentially appellate judges in this capacity. And in this capacity, you have to look at the applicant. And it's important to recognize that the applicant has full control of what it submits to the City, what it doesn't submit to the City. We have no control over that. And one of the glaring -- Mayor Suarez: Deficiencies. Mr. Leal: -- deficiencies -- Thank you, Mayor, thank you -- was that it was lacking -- under -- to be clear -- 23-6.2(h)(4), requires an affidavit that shows that written statements presenting the factual data establishing such economic hardship. The application does not include that. So you can't come now to this board and say, "Well, my due process rights were violated, and they misapplied the law. " Why? One, because you had sufficient time to present your case, and you declined to do so, or even get a deferral; and second, you submitted an application that was deficient, and that now you're seeking to be evaluated under a different set of standards when you perhaps could have applied to that approach, but under the application, it was incomplete because you never submitted an affidavit that apparently could have been verily provided, and they failed to do that. Under those remarks, I would ask that you sustain the veto, take no action, and let the veto stand. Thank you for your marks [sic]. Thank you. Chair Russell: Thank you very much. There's been a motion. There's a second. Is there any further discussion on the dais? Hearing none, I'd like to have a roll call vote, please. Commissioner Reyes: I think he stepped out a little bit. You don't have to rush it. I'm -- I lost -- Mayor Suarez: Mr. Chair? Chair Russell: You got your flight --that's why I'm moving quickly. Commissioner Reyes: -- I'm going to lose -- I lost my flight already, and -- Mayor Suarez: Mr. Chair, if I may? City of Miami Page 60 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Reyes: I don't have -- Chair Russell: Mr. Mayor. Commissioner Reyes: -- time -- Mayor Suarez: While we're waiting for Commissioner Carollo, I just want to reemphasize, because -- Commissioner Reyes: That's right. Mayor Suarez: -- I did say that I was going to make some changes -- Commissioner Reyes: I'm going to charge Francis for this. Mayor Suarez: I got you. I want to reemphasize a few points. One is that the County's plan is not a fully funded plan, period. It is not a fully funded plan, period. It has $32 million in cash of a $50 million plan, and it's relying on one of two things: Either us -- the Miami Parking Authority borrowing $20 million, or some joint venture partner coming in on the development and giving us that money. I just want to be clear. Commissioner Carollo: But thought we weren't supposed to be making decisions -- Commissioner Reyes: Absolutely. Commissioner Carollo: -- on financials. Mayor Suarez: Its important, because it relates to -- Commissioner Reyes: No, it is not. Commissioner Carollo: Our -- I mean, you have your legal counsel there that came up and explained that, but you've been saying all along that we should not be making decisions -- it's illegal for us to make decisions on financial matters. Mayor Suarez: I haven't been saying that all along. Commissioner Carollo: Your whole argument (UNINTELLIGIBLE). Mayor Suarez: (UNINTELLIGIBLE) speaking (UNINTELLIGIBLE). I haven't been speaking about this, so let me -- Commissioner, you're entitled to your opinion. Let me just finish. Commissioner Carollo: Well, right -- Mayor Suarez: So -- Commissioner Carollo: -- you know, I -- what I really -- Chair Russell: Please, one at a time. One at a time, please. Commissioner Carollo: -- think you should have done to make everybody happy and, you know, kind of kumbaya again with Mayor Gimenez, you should have brought him a little old souvenir from your -- Chair Russell: Please let the Mayor finish. City of Miami Page 61 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Carollo: -- European vacation. But anyway -- Chair Russell: Let's disregard -- please, let's -- let the Mayor finish, and then we'll take our vote. Commissioner Carollo: Whoa, whoa, whoa, whoa. Boy, boy. Now that's a lot of culture there. Chair Russell: All right. Commissioner Carollo: That's a lot of culture there. Yeah. Mayor Suarez: Just go ahead and call the question. Commissioner Carollo: That's the people -- Chair Russell: All right. Commissioner Carollo: -- that are going to be going to the playhouse and buy a ticket. Chair Russell: All right. So here's what we're going to do. We're going to do a roll call vote. Four -- There's been a motion and a second to basically override the Mayor's veto. You need four `yes" votes to this -- in order to accomplish that goal. For my part, I'm very satisfied with all the public comment and the testimony that was given. My decision will be based completely on the histories -- the historic factors, not the financial factors, not the -- Commissioner Reyes: That's right. Chair Russell: -- interior factors, not the seat size. Commissioner Reyes: We're voting only on -- and that's what we should have been doing. Chair Russell: Correct. All right. Commissioner Reyes: We're voting only on the decision to -- I mean, if the auditorium is historic or not; or if it is, could be demolished, and preserving the building, you see -- Chair Russell: Yes. Commissioner Reyes: -- in order to build a new -- and besides that, and based on what -- I mean, I don't believe it's historic, because it has been remodeled hundreds of time; the front building, yes. Chair Russell: Yes. Commissioner Reyes: I think that is a jewel. Chair Russell: Thank you. Roll call vote, please. Vice Chair Gort: Wait a minute. Chair Russell: I'm sorry. Commissioner Gort has another comment. I apologize. City of Miami Page 62 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Vice Chair Gort: I've been very quiet. I spoke at the end of the last hearing. Commissioner Carollo: Yeah, you have. Vice Chair Gort: And I said it one more time. Can you hear me? Okay. I want to make sure you can hear me. All right? I've been coming to the Grove since 1957. It wasn't the Grove; it was the Village. The businesses were completely different what exist today. The businesses were changing according to the change of the community. The other thing that we have is, these pictures, like I told you, I've been seeing it for years. This is the same picture. This is just a rerun (UNINTELLIGIBLE), unfortunate. Somehow, we can't get the groups to get together. We talked about the Sears, but we talked about also the train station, Northwest 7th Avenue. It used to be the main station; how people got here to Miami. That station was knocked down. Its still -- right now it's going to be completely historic. Its complete -- it's (UNINTELLIGIBLE) declared (UNINTELLIGIBLE) national historic site. They have the Circle. And now (UNINTELLIGIBLE) you know how much I help with you and how much I believe with you, but I think we have to make a decision. For that reason, I'm going to support this. I'm going to support the motion on the floor. And I know it's going to -- this is going to court. Every -- what everybody doing here is creating record so we can go to court. Commissioner Carollo: Maybe; maybe not. Vice Chair Gort: So I want to make sure that when we go to the court, you guys could sit down and maybe you all can come up together with the money and the whole works, and get this done once and for all. Commissioner Reyes: Amen. Vice Chair Gort: Thank you. Commissioner Reyes: Amen. Chair Russell: Roll call, please. Mr. Hannon: Roll call on the motion to override the mayoral veto: Commissioner Hardemon? Commissioner Hardemon: Against. Mr. Hannon: Commissioner Gort? Commissioner Reyes? Commissioner Reyes: Yes. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Chair Russell? Chair Russell: No. Mr. Hannon: The motion fails, 3-2. (Applause) Chair Russell: Thank you very much. City of Miami Page 63 Printed on 07122/2019 City Commission Meeting Minutes May 23, 2019 END OF MAYORAL VETOES City of Miami Page 64 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 PA - PERSONAL APPEARANCE PA.1 PERSONAL APPEARANCE 5913 A PERSONAL APPEARANCE BY RAFAEL VIEGO REGARDING PROPOSED PARKS IN THE ROADS. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. Item PA.] was deferred to the June 13, 2019, Regular Commission Meeting. For minutes referencing Item PA.], please see "Order of the Day. " END OF PERSONAL APPEARANCE City of Miami Page 65 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 141eQ9101►69A►kreCe7A►197A The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Wifredo Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes CA.1 RESOLUTION 5789 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), APPROVING THE REQUESTED Improvements MODIFICATIONS OF THE DESIGN AND SCOPE OF WORK FOR CITY OF MIAMI ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-1340584 FOR THE CONSTRUCTION OF THE SEAWALL, DOCK, AND KAYAK LAUNCH AT THE CITY'S VIRGINIA KEY NATURE CENTER ("PROJECT") PURSUANT TO RESOLUTION NO. 17-0478 ADOPTED ON SEPTEMBER 28, 2017; FURTHER APPROVING THE REDUCTION OF COSTS DUE TO SAID PROJECT MODIFICATIONS FROM THE PRIOR TOTAL AMOUNT OF TWO MILLION, FIVE HUNDRED SIXTY THOUSAND, NINE HUNDRED ELEVEN DOLLARS ($2,560,911.00) TO THE CURRENT TOTAL AMOUNT OF TWO MILLION, FORTY THOUSAND, NINE HUNDRED ELEVEN DOLLARS ($2,040,911.00); AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS AND RELATED DOCUMENTS FOR SAID PROJECT MODIFICATIONS AND CHANGE IN PROJECT TOTAL AMOUNT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND SUBJECT TO BUDGETARY APPROVAL. ENACTMENT NUMBER: R-19-0196 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.], please see "End of Consent Agenda. " City ofMiarni Page 66 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 CA.2 RESOLUTION 5754 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of Real AUTHORIZING A DONATION OF FUNDS IN THE AMOUNT OF FOUR THOUSAND SEVENTY-FIVE DOLLARS ($4,075.00) TO Estate and Asset MIAMI DESIGN PRESERVATION LEAGUE, INC., A501(C)(3) NOT- Management FOR-PROFIT CORPORATION ("PRESERVATION LEAGUE"), TO PARTIALLY FUND THE MARINE STADIUM SEAT ART EXHIBIT AT MIAMI BEACH ("EXHIBIT") TAKING PLACE FROM EARLY MAY 2019 THROUGH AUGUST 2019, WHICH IS EXPECTED TO GENERATE BETWEEN SEVEN TO TEN THOUSAND (7,000- 10,000) PEOPLE PER MONTH AND WILL HAVE A SIGNIFICANT IMPACT BY MAINTAINING THE MARINE STADIUM PROJECT IN THE PUBLIC EYE AND POSITIVELY IMPACTING THE IMAGE OF SAME; ALLOCATING FUNDS FROM PROJECT NO. 40-B30688, MARINE STADIUM RESTORATION PROJECT GENERAL FUND CONTRIBUTION AWARD 1426. ENACTMENT NUMBER: R-19-0197 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.2, please see "End of Consent Agenda. " CA.3 RESOLUTION 5755 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset EXECUTE A JOINDER AND CONSENT TO THE AGREEMENT Management FOR WATER AND SANITARY SEWER FACILITIES ("AGREEMENT") BY AND BETWEEN MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT("WASD") AND LINDEN AIRPORT SERVICES CORPORATION ("TENANT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROVISION OF WATER AND SEWER SERVICES TO THE HELIPORT FACILITY AND SETTING FORTH THE TENANT'S OBLIGATIONS TOWARDS THE COMPLETION OF THE HELIPORT FACILITY LOCATED AT APPROXIMATELY 980 MACARTHUR CAUSEWAY AT WATSON ISLAND, A CITY -OWNED PROPERTY, FOR A TERM AS DESCRIBED IN THE AGREEMENT. ENACTMENT NUMBER: R-19-0198 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.3, please see "End of Consent Agenda. " City ofMiarni Page 67 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 CAA RESOLUTION 5907 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE DIRECTOR OF FINANCE TO PAY BRANDON Attorney RAULERSON, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF TWO HUNDRED FIFTEEN DOLLARS ($215,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF BRANDON RAULERSON V. CITY OF MIAMI, PENDING BEFORE THE UNITED STATE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 18-22825, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATED FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-19-0199 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA. 4, please see "End of Consent Agenda. " END OF CONSENT AGENDA Chair Russell: And I'll ask for a motion on CA. 1, 2, 3, and 4. Vice Chair Gort: Move it. Chair Russell: It's been moved by the Vice Chairman -- Commissioner Hardemon: Second. Chair Russell: -- seconded by Commissioner Hardemon. Any further discussion on the dais? Hearing none, all in favor, say "aye. " The Commission (Collectively).- Aye. Chair Russell: Any opposed? Motion passes for CA. 1, CA. 2, CA. 3, and CA. 4. City ofMian i Page 68 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 00:0144[4d:I;re1:71►[*9 PH.1 RESOLUTION 4509 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City Manager's ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Office VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, AYES: APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ABSENT: ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE HOST CITY AGREEMENT AND THE PARK USE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BY AND BETWEEN THE CITY OF MIAMI, THE BAYFRONT PARK MANAGEMENT TRUST, SOUTH FLORIDA RACING, LLC., AND FORMULA ONE WORLD CHAMPIONSHIP LIMITED, FOR A TEN (10) YEAR CONTRACT FOR THE RUNNING OF THE FORMULA 1 MIAMI GRAND PRIX STARTING IN OCTOBER OF 2018 WITH A FAN FESTIVAL AT BAYFRONT PARK AND COMMENCING WITH FORMULA ONE GRAND PRIX RACING FROM OCTOBER 2019 THROUGH OCTOBER 2029 WITH AN OPTION FOR A FURTHER TEN (10) YEAR EXTENSION AND WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Co SECONDER: Ken Russell, Commissic AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. For minutes referencing Item PH.], please see "Order of the Day. " City ofMiarni Page 69 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 PH.2 RESOLUTION 5856 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND Department of EXECUTE AN AERIAL EASEMENT ("EASEMENT"), IN A FORM Resilience and ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI-DADE Public Works COUNTY FOR ENCROACHMENTS OVER AND ACROSS THE CITY OF MIAMI'S RIGHT-OF-WAY KNOWN AS NORTHWEST 1ST AVENUE BETWEEN NORTHWEST 1ST STREET AND WEST FLAGLER STREET MIAMI, FLORIDA FOR THE PROPOSED CIVIL AND PROBATE COURTHOUSE PROJECT PURSUANT TO SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH CERTAIN USER FEES REQUIRED BY SECTION 55-14 OF THE CITY CODE FOR GOVERNMENTAL ENTITIES AND AGENCIES BEING EXEMPT FROM PAYMENT FOR THE ENCROACHMENTS OVER THE PUBLIC RIGHT-OF-WAY; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF SAID EASEMENT AND THE RECORDATION THEREOF IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-19-0200 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Chair Russell: Within the PH (public hearing) agenda, we have PH2, 3, and 4. Can I get a motion on those three items, please? Vice Chair Gort: Move it. Todd B. Hannon (City Clerk): Chair, just so you know, PH 4 is a four fifths. Chair Russell: Of those present? Mr. Hannon: No, of the body. Chair Russell: Then we can't do it. All right. So let's table that until we have Commissioner Carollo back with its. Commissioner Hardemon: Can I propose a motion? Chair Russell: Yes, you may. Commissioner Hardemon: I propose to approve PH 2 and 3, and the rest of the RE (resolution) agenda, except RE.]7. Vice Chair Gort: Wait a minute. Chair Russell: Except RE -- Commissioner Hardemon: 17. That's the one -- Citv ofMiarni Page 70 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: --17. Commissioner Hardemon: -- that Commissioner Carollo wanted to he here for. Chair Russell: Yes, and he did ask for that one to hold, as well; you're right. All right, so that would he -- correct me if I'm wrong -- PH.2 and 3, and RE.2, RE.3, 4, 5, 7 -- Commissioner Hardemon: Unless you want to take 7 now. Chair Russell: That wasn't in your list to pullout separately. Commissioner Hardemon: No, it was not. I'm just (UNINTELLIGIBLE). Chair Russell: Right. Commissioner Hardemon: Unless you want to hear it separately. Chair Russell: 7? No. It's fine. 7, 11, 16, and 18. Is that correct, Mr. Clerk? Mr. Hannon: Good to go, sir. Chair Russell: All right. Vice Chair Gort: Second the motion. Chair Russell: There's a motion and a second. Any further discussion on the dais? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. And that leaves its from the -- from that section of our agenda only with Items PH 4 -- Vice Chair Gort: You guys are good Chair Russell: -- and RE. 17. PH.3 RESOLUTION 5877 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE PLAT TITLED "TUSCANY Department of COVE," A SUBDIVISION IN THE CITY OF MIAMI OF THE Resilience and PROPERTY DESCRIBED IN ATTACHMENT "l," SUBJECT TO Public Works SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-19-0201 City of Miami Page 71 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. For minutes referencing Item PH.3, please see Item PH.2. PHA RESOLUTION 5845 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE and Mayor CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY AYES: CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, ABSENT: AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, Note for the Record. For additional minutes referencing Item PH. 4, please see APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 1 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE ("API") IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00) TO ASSISTANCE TO THE ELDERLY, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("ASSISTANCE TO THE ELDERLY"), FOR THE PURPOSE OF PURCHASING AND INSTALLING A GENERATOR AT RESIDENTIAL PLAZA AT BLUE LAGOON, LOCATED AT 5617 NORTHWEST 7 STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0211 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. For additional minutes referencing Item PH. 4, please see "Public Comment Period for Regular Item (s), "Item PH.2, and Item PZ. 2. Victoria Mendez (City Attorney): Commissioners, is there any way that you would be interested in --? In order not to have a four-fifths, we can have an allocation on this item for $50,000, and then we can come back for this actual --for the item on ,Tune 13 for the other $50, 000. Vice Chair Gort: But what will you need then; a motion to --? Ms. Mendez: So what we would do is an amendment of this to amend the amount to $50, 000, which would be the threshold in our Code, in order just to have a regular Citv ofMiarni Page 72 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 majority vote that could get them started on the process, and then we come back on June 13 with the rest of the item. Chair Russell: I think that's a good set -- I think that's a good solution for now, Madam City Attorney. And there's no notice issue on that, since it's just a reduction in the amount on the same item? Ms. Mendez: Exactly. We're reducing, and we don't need to meet that four-fifths threshold. So we over -noticed, if we do this amount. Chair Russell: What is the total in this item? Vice Chair Gort: 100. Ms. Mendez: A hundred. Chair Russell: It's 100. Mr. Hannon: So right now there's a motion on the floor to defer this particular item to June 13, with PZ.2 and 3 continued to June 27. You know, Chair, ifyou'd like to withdraw your second, we can take up PH.4 by itself, and then come back to PH.2 -- PZ.2 and 3, or the motion -- if Commissioner Hardemon's okay with removing PH4 from the current motion that's on the floor, we can vote on PZ.2 and 3, get those continued, then move to PH. 4. Chair Russell: That's my preference. Later... Chair Russell: On PH. 4, Commissioner Gort, ifyou'd like to make the motion with that amendment, we'll be able to pass at least $50, 000 of the funds. Vice Chair Gort: I think she was -- she wanted to (UNINTELLIGIBLE). Lillian Blondet (Director): Yeah, 50, 000 -- I just -- Lillian Blondet, Office of Grants Administration. I just spoke to the representative from Residential Plaza, and they said, $50,000 would be okay for now. We've been working with them already. Vice Chair Gort: Okay. Ms. Blondet: So we can start writing their agreement, and then give them the money, so at least they can start the deposit process with this -- Vice Chair Gort: Okay. Ms. Blondet: -- because they have other funding sources. Chair Russell: And that'll work. Ms. Blondet: So at least this would -- Chair Russell: Thank you for that solution. Is that a motion, Commissioner Gort? Vice Chair Gort: Thank you. Move it. Ms. Blondet: Thank you. City of Miami Page 73 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: Its been moved with an amendment; seconded by the Chair. I'd like to open the floor, if there's anyone for public comment on this. Its a bit of a change. Hearing none, close public comment. Any further discussion on the dais? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you for bringing that up. That was (UNINTELLIGIBLE). Ms. Mendez: Mr. Casamayor was the one with the brilliant idea, so we thank -- Chair Russell: All right, credit all around. Ms. Mendez: -- him for -- Chair Russell: Well done. Well done. Vice Chair Gort: Well done. Well done. Chair Russell: Thank you. Vice Chair Gort: By the way, you guys welcome to discuss any item you would like to discuss for us to look at. You got a motion to -- Chair Russell: All right. If there's no further business on the dais, I'll bring us to a close. Are we all of -- are we all at peace here? Thank you very much, everyone. This meeting is now adjourned at 5:04. Thank you so much. PH.5 RESOLUTION 5906 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE and Mayor CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 3 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE ("API") IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED FOUR THOUSAND, FIVE HUNDRED SEVENTY-FIVE DOLLARS ($104,575.00) TO CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CATHOLIC CHARITIES"), IN SUPPORT OF CATHOLIC CHARITIES' SERVICES FOR THE ELDERLY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0212 City of Miami Page 74 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: I'd like to -- Commissioner Carollo: There's two that must bring up. Chair Russell: We can do it after lunch, though; yeah? Commissioner Carollo: Well, this -- I don't know if she's going to be with (UNINTELLIGIBLE). Chair Russell: My stomach's about to make a motion. Commissioner Carollo: PH.5 is for food for a lot of our elderly. Vice Chair Gort: Move it. Commissioner Carollo: Move -- Chair Russell: It's been -- Commissioner Reyes: Second. Chair Russell: This is PH.5 -- Commissioner Carollo: S. Chair Russell: -- the API (Anti -Poverty Initiative). Commissioner Carollo: For Catholic Charities, so they could feed a lot of -- Chair Russell: There's been a motion by Commissioner Gort. Vice Chair Gort: I mean -- Commissioner Reyes: Second. Vice Chair Gort: --I'll second Carollo's -- Chair Russell: All right. Commissioner Carollo: Thank you. Vice Chair Gort: -- Commissioner Carollo's motion. Chair Russell: Moved by Commissioner Carollo; second by Commissioner Gort. That'sPH.5. I'd like to open the floor for public comment on PH. 5. Hearing none, I'll close the public comment. Any further discussion on the dais? All in favor, say "aye. " The Commission (Collectively): Aye. City of Miami Page 75 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: Any opposed? Motion passes. END OF PUBLIC HEARINGS City of Miami Page 76 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 I N � N ; &1011 tit1101kiR? RE.1 RESOLUTION 4049 MAY BE WITHDRAWN Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING Attorney AND RATIFYING NUNC PRO TUNC THE ADDITION OF BICON, AYES: INC., DOING BUSINESS AS S & S NATIONAL WASTE, INC., A ABSENT: FLORIDA PROFIT CORPORATION ("BICON"), AS A FRANCHISEE UNDER THE CITY OF MIAMI ("CITY") NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT DATED JULY 1, 2016, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 495344, IN RESPONSE TO THE CITY'S NEED FOR ADDITIONAL QUALIFIED VENDORS TO PROVIDE AND MAINTAIN THE SAME LEVEL OF COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN THE CITY, FOR AN INITIAL TERM OF FIVE (5) YEARS, WITH THREE (3) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. For minutes referencing Item RE.], please see "Order of the Day. " RE.2 RESOLUTION 5748 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Grants ATTACHMENT(S), APPROVING THE ANTI -POVERTY INITIATIVE Administration GUIDELINES, FUNDING REQUEST FORM, TEMPLATE AGREEMENT, AND EXHIBITS, IN SUBSTANTIALLY THE FORMS ATTACHED AS COMPOSITE EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO UPDATE, FROM TIME TO TIME, SAID FORMS, PROCESSES, AND AGREEMENT(S), TO ENSURE THE PROPER UTILIZATION OF PUBLIC FUNDS, WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0202 City ofMiarni Page 77 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. For minutes referencing Item RE.2, please see Item PH.2. RE.3 RESOLUTION 5756 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE Improvements PROFESSIONAL SERVICES AGREEMENTS WITH KIMLEY-HORN AND ASSOCIATES, INC., CHEN MOORE AND ASSOCIATES, INC., AECOM TECHNICAL SERVICES, INC., AND MILLER, LEGG & ASSOCIATES, INC., FOR THE PROVISION OF MISCELLANEOUS LANDSCAPE ARCHITECTURAL SERVICES, FOR ADDITIONAL WORK IN AN AMOUNT NOT -TO -EXCEED $500,000.00 FOR EACH FIRM, THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM $500,000.00 TO AN AMOUNT NOT -TO -EXCEED $1,000,000.00 EACH; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF THE NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO EACH AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., CHEN MOORE AND ASSOCIATES, INC., AECOM TECHNICAL SERVICES, INC., AND MILLER, LEGG & ASSOCIATES, INC., IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY RELATED AMENDMENTS AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI- DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0203 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. For minutes referencing Item RE.3, please see Item PH.2 City ofMiarni Page 78 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 REA RESOLUTION 5692 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE Improvements PROFESSIONAL SERVICES AGREEMENTS WITH A.D.A. ENGINEERING, INC., AMBRO, INC., A&P CONSULTING TRANSPORTATION ENGINEERS, CORP., CHEN MOORE AND ASSOCIATES, INC., COASTAL SYSTEMS INTERNATIONAL, INC., EAC CONSULTING, INC., HBC ENGINEERING COMPANY, H.W. LOCHNER, INC., KIMLEY-HORN AND ASSOCIATES, INC., MILIAN, SWAIN & ASSOCIATES, INC., STEARNS, CONRAD AND SCHMIDT, CONSULTING ENGINEERS, INC., SRS ENGINEERING, INC., TETRA TECH, INC., TRACE CONSULTANTS, INC., WANTMAN GROUP, INC., AND WSP USA, INC., FOR THE PROVISION OF CIVIL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS, FOR ADDITIONAL WORK IN AN AMOUNT NOT -TO -EXCEED $500,000.00 FOR EACH FIRM, THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM $500,000.00 TO AN AMOUNT NOT -TO -EXCEED $1,000,000.00 EACH; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF THE NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO EACH AGREEMENT WITH A.D.A. ENGINEERING, INC., AMBRO, INC., A&P CONSULTING TRANSPORTATION ENGINEERS, CORP., CHEN MOORE AND ASSOCIATES, INC., COASTAL SYSTEMS INTERNATIONAL, INC., EAC CONSULTING, INC., HBC ENGINEERING COMPANY, H.W. LOCHNER, INC., KIMLEY- HORN AND ASSOCIATES, INC., MILIAN, SWAIN & ASSOCIATES, INC., STEARNS, CONRAD AND SCHMIDT, CONSULTING ENGINEERS, INC., SRS ENGINEERING, INC., TETRA TECH, INC., TRACE CONSULTANTS, INC., WANTMAN GROUP, INC., AND WSP USA, INC., IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI- DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0204 City ofMiarni Page 79 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. For minutes referencing Item RE.4, please see Item PIL2 RE.5 RESOLUTION 5878 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Office of Capital THE PRICE PROPOSAL RECEIVED ON MARCH 18, 2019, Improvements PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 18-19- 005, FROM KEARNS CONSTRUCTION, CO. ("KEARNS"), THE SOLE LOWEST RESPONSIVE AND RESPONSIBLE PROPOSER, TO PROVIDE DESIGN -BUILD SERVICES FOR THE DINNER KEY MARINA REPAIRS AND RESTORATION PROJECT, IN THE AMOUNT OF $16,880,381.00 FOR THE SCOPE OF WORK, PLUS ADDITIVE ALTERNATIVES #1, AND #3 THROUGH #8, IN THE AMOUNT OF $3,919,619.00, PLUS AN OWNER'S CONTINGENCY ALLOWANCE IN THE AMOUNT OF $1,688,038.00, FOR A TOTAL NOT -TO -EXCEED AWARD VALUE OF $22,488,038.00, ON A PHASED BASIS; ALLOCATING FUNDS FROM THE CITY OF MIAMI ("CITY") GENERAL FUND, FLORIDA INLAND NAVIGATION DISTRICT ("FIND"), SANITARY SEWER BONDS, AND ADDITIONAL SOURCES OF LEGALLY AVAILABLE FUNDING YET TO BE DETERMINED; AUTHORIZING THE CITY MANAGER TO EXECUTE A NEGOTIATED DESIGN -BUILD AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM; AUTHORIZING THE CITY MANAGER TO ISSUE NOTICES TO PROCEED AS REQUIRED ON A PHASED BASIS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE COST OF AND EXECUTE ANY AMENDMENTS TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, REQUIRED TO COMPLETE ANY SUBSEQUENT PROJECT PHASES WITHOUT FURTHER CITY COMMISSION APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY'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-19-0205 City ofMiarni Page 80 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. For minutes referencing Item RE.5, please see Item PH.2 RE.6 RESOLUTION 5751 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING THE APPLICATION FOR A Planning HISTORIC AD VALOREM TAX EXEMPTION, BASED ON THE AYES: RECOMMENDATION OF THE HISTORIC AND ENVIRONMENTAL ABSENT: PRESERVATION BOARD, TO THE OWNERS, JOEL AND COURTNEY DENARO, FOR THE PROPERTY LOCATED AT 3518 SOUTH MOORINGS WAY, MIAMI, FLORIDA AND KNOWN AS THE INDIVIDUALLY -HISTORICALLY DESIGNATED PROPERTY, "THE FISHER RESIDENCE." MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Carollo, Hardemon ABSENT: Gort, Reyes Note for the Record. Item RE.6 was deferred to the June 13, 2019, Regular Commission Meeting. For minutes referencing Item RE. 6, please see "Order of the Day. " RE.7 RESOLUTION 5752 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING THE APPLICATION FOR A Planning HISTORIC AD VALOREM TAX EXEMPTION, BASED ON THE RECOMMENDATION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, TO THE OWNER, SOUTH PACIFIC 6300, LLC, FOR THE HISTORICALLY DESIGNATED PROPERTY LOCATED AT 6300 BISCAYNE BOULEVARD, MIAMI, FLORIDA WITHIN THE MIAMI MODERN ("MIMO") HISTORIC DISTRICT. ENACTMENT NUMBER: R-19-0206 City ofMian ni Page 81 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. For minutes referencing Item RE. 7, please see Item PH.2 RE.8 RESOLUTION 5727 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of Risk AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND Management ON BEHALF OF JULIO DOTEL, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $125,000.00, INCLUSIVE OF COSTS AND ATTORNEY'S FEES, AS WELL AS A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT, AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $124,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. Item RE.8 was deferred to the June 13, 2019, Regular Commission Meeting. For minutes referencing Item RE. 8, please see "Order of the Day. " City ofMian ni Page 82 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 RE.9 RESOLUTION 2525 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), ACCEPTING THE CITY MANAGER'S Estate and Asset RECOMMENDATION APPROVING THE FINDINGS OF THE Management SELECTION COMMITTEE THAT VIRGINIA KEY, LLC, ABSENT: ("PROPOSER") IS THE TOP RANKED PROPOSER FOR Note for the Record. Item RE.9 was deferred to the June 13, 2019, Regular REQUEST FOR PROPOSALS NO. 16-17-011, LEASE OF CITY OF MIAMI -OWNED WATERFRONT PROPERTY FOR MARINAS/RESTAURANT/STORE USES LOCATED AT APPROXIMATELY 3301, 3605, 3501, 3311, & 3511 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA ("RFP"); AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE ("LEASE"), SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ATTORNEY AS TO FORM AND CORRECTNESS, FOR AN INITIAL TERM OF FORTY-FIVE (45) YEARS, WITH TWO FIFTEEN (15) YEAR RENEWAL TERMS AND PAYMENT OF A MINIMUM GUARANTEED ANNUAL RENT EQUAL TO TWO MILLION TWO HUNDRED THOUSAND DOLLARS ($2,200,000) INCREASED ANNUALLY BY THE GREATER OF 3% OR CPI ("BASE RENT"); TOTALING APPROXIMATELY TWO HUNDRED THREE MILLION NINE HUNDRED EIGHTY FOUR THOUSAND SIXTY DOLLARS ($203,984,060.00) OVER THE INITIAL TERM; SIX PERCENT (6%) OF GROSS REVENUES; APPROXIMATELY EIGHTY MILLION DOLLARS ($80,000,000.00) PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE MARINA IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING; FURTHER PROVIDING THAT THE EXECUTION OF THE LEASE IS SUBJECT TO THE APPROVAL OF A MAJORITY OF THE VOTES CAST BY THE ELECTORATE AT A REFERENDUM SPECIAL ELECTION; FURTHER CLARIFYING THAT SUCH AWARD OF THE RFP DOES NOT CONFER ANY CONTRACTUAL RIGHTS UPON PROPOSER UNTIL SAID FAVORABLE REFERENDUM HAS OCCURRED AND A CONTRACT IS ENTERED INTO, AS REQUIRED BY THE CITY CHARTER. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Carollo, Hardemon ABSENT: Gort, Reyes Note for the Record. Item RE.9 was deferred to the June 13, 2019, Regular Commission Meeting. For minutes referencing Item RE.9, please see "Order of the Day. " City ofMian ni Page 83 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 RE.10 RESOLUTION 2526 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), MAKING PROVISIONS FOR A REFERENDUM Estate and Asset SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE Management GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2019 FOR ABSENT: THE PURPOSES OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI ("CITY') FOR THEIR APPROVAL OR DISAPPROVAL OF THE FOLLOWING REFERENDUM BALLOT QUESTION: "SHALL THE CITY BE AUTHORIZED TO LEASE APPROXIMATELY 27.5 ACRES OF LAND ON VIRGINIA KEY TO VIRGINIA KEY, LLC FOR A 45 -YEAR INITIAL TERM WITH TWO 15 YEAR RENEWALS; MINIMUM ANNUAL GUARANTEED RENT OF $2,200,000.00 (WITH ESCALATIONS) TOTALING APPROXIMATELY $203,984,060 OVER THE INITIAL TERM; 6% OF GROSS REVENUES; APPROXIMATELY $80,000,000.00 PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE MARINAS IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING?"; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; AUTHORIZING AND DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY PURSUANT TO APPLICABLE LAW. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Carollo, Hardemon ABSENT: Gort, Reyes Note for the Record. Item RE.10 was deferred to the June 13, 2019, Regular Commission Meeting. For minutes referencing Item RE.10, please see "Order of the Day. " City ofMian ni Page 84 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 REA 1 RESOLUTION 5382 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), APPROVING, PURSUANT TO THE REQUEST Management and FOR PROPOSALS THAT WAS ISSUED APRIL 22, 2019 BY CITY Budget OF MIAMI ("CITY") FINANCIAL ADVISOR PUBLIC FINANCIAL ABSENT: MANAGEMENT, INC. ("PFM"), THE SELECTION OF THE PROPOSAL SUBMITTED BY SANTANDER BANK FOR THE PROVISION OF CAPITAL FINANCING IN A NOT TO EXCEED TOTAL AGGREGATE PRINCIPAL AMOUNT OF THIRTY SIX MILLION DOLLARS ($36,000,000.00) FOR THE LEASE/PURCHASE ACQUISITION OF APPROXIMATELY FIVE HUNDRED FORTY (540) POLICE VEHICLES, GENERAL LIGHT FLEET VEHICLES, GENERAL HEAVY FLEET VEHICLES, AND FIRE APPARATUS VEHICLES AND FOR PAYMENT OF THE FINANCING COSTS OF THE SAME; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FINANCING LEASE/PURCHASE AGREEMENT ("AGREEMENT") FOR SAID VEHICLES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND ANY AND ALL AMENDMENTS AND DOCUMENTS REQUIRED BY SAID AGREEMENT, PROVIDED THAT THE TERMS ARE CONSISTENT AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTION NECESSARY TO EFFECTUATE SAID LEASE/PURCHASE ACQUISITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. ENACTMENT NUMBER: R-19-0207 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. For minutes referencing Item RE.11, please see Item PH.2 RE.12 RESOLUTION 5886 A RESOLUTION OF THE MIAMI CITY COMMISSION RENAMING Commissioners THE CITY OF MIAMI'S POLICE TRAINING FACILITY, CURRENTLY REFERRED TO AS THE MIAMI POLICE COLLEGE, LOCATED AT and Mayor 400 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, THE "CHIEF CLARENCE DICKSON POLICE COLLEGE"; DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THE RENAMING OF SAID FACILITY. ENACTMENT NUMBER: R-19-0213 City ofMiarni Page 85 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Commissioner Hardemon: I have a quick motion. Commissioner Carollo: Well, I'll just state on the record, while you're putting your motion -- Commissioner Hardemon: Wait, wait, wait. Before you do -- before you do it -- I promise you; you won't be averse to this motion. Vice Chair Gort: Mr. Chairman, wait a minute. Commissioner Hardemon: If -- Chair Russell: Let me -- Commissioner Hardemon: Wait, wait. I promise you; you won't be averse to the motion. Chair Russell: Commissioner Hardemon and then Commissioner Gort. Commissioner Hardemon: I move that we approve RE. 12. Chair Russell: Seconded by the Chairman. Commissioner Carollo: Well, let me see what -- Commissioner Hardemon: That is renaming the police training facility Clarence Dixon Police College. Commissioner Carollo: Oh, Clarence Dixon? Absolutely. Commissioner Reyes: Motion --second. Chair Russell: Thank you very much. Lawyers, clear the floor for a second. Commissioner Carollo: Absolutely. Victoria Mendez (City Attorney): Public comment on that one? Chair Russell: We're opening public comment -- Commissioner Hardemon: On that. Chair Russell: -- on RE. 12. Vice Chair Gort: No need. Close it. Chair Russell: Does anyone need to speak on RE.12? We're closing public comment. Any further discussion from the dais? Commissioner Hardemon: (UNINTELLIGIBLE) go. City of Miami Page 86 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Unanimous. Thank you. And thank you for your patience today. RE.13 RESOLUTION 5757 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING MOVER: THE CITY MANAGER, CITY ATTORNEY, AND INDEPENDENT Commissioners AUDITOR TO TAKE ANY AND ALL ACTIONS NECESSARY and Mayor REGARDING ANY IMPROPER OCCUPANCY OR USE OF ANY ABSENT: CITY OF MIAMI OWNED PREMISES BY UNAUTHORIZED Note for the Record. Item RE.13 was deferred to the June 13, 2019, Regular BUSINESS ENTITIES INCLUDING BUT NOT LIMITED TO THE MELREESE GOLF COURSE LOCATED AT 1802 NORTHWEST 37 AVENUE, MIAMI, FLORIDA. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Carollo, Hardemon ABSENT: Gort, Reyes Note for the Record. Item RE.13 was deferred to the June 13, 2019, Regular Commission Meeting. For minutes referencing Item RE.13, please see "Order of the Day. " RE.14 RESOLUTION 5704 A RESOLUTION OF THE MIAMI CITY COMMISSION MOVER: AUTHORIZING THE RETENTION OF Commissioners AS LEGAL CONSULTANTS TO WORK IN CONSULTATION WITH and Mayor THE CITY ATTORNEY AND TO PROVIDE SUBJECT MATTER NAYS: EXPERTISE ON NEGOTIATIONS BETWEEN THE CITY OF MIAMI AND FREEDOM PARK LLC; FURTHER AUTHORIZING THE EXPENDITURE OF FUNDS FOR SAID PURPOSE; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL LEGAL SERVICES ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-19-0214 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Hardemon NAYS: Reyes Citv ofMian ni Page 87 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 Commissioner Reyes: Now -- Chair Russell: Thank you very much. Commissioner Reyes: -- before we break to lunch -- Chair Russell: Let me take that up. So, Mr. Clerk, it's after noon. What procedural motion do you need for us to continue one more item before lunch? Todd B. Hannon (City Clerk): If there is no objection from the Commission, you may continue to proceed. Chair Russell: All right. Commissioner Reyes: Okay, but (UNINTELLIGIBLE). Chair Russell: Is the body -- because you are leaving for the afternoon, right? Commissioner Reyes: Yes, but I -- Chair Russell: You're going to find another way; planes, trains, and automobiles. Commissioner Reyes: -- have to be now at the airport at 5 o'clock. Chair Russell: All right. Commissioner Reyes: So I -- Chair Russell: Will this body sit for one last item before lunch? Commissioner Reyes: -- have to be at the airport at 3 o'clock. So I want to get -- Commissioner Carollo: You want to come back early? I don't know. Chair Russell: Oh, you want to take this up before -- after --? Commissioner Reyes: That's right, because I have to be -- I mean, I want to take it before, because I have to be at the airport -- yes -- at 3. I lost a flight at -- I want the courtesy of doing this. Chair Russell: Got it. Commissioner Reyes: Please. Chair Russell: All right. Gentlemen, we're going to take up one last item before lunch. All right. Commissioner Carollo: Okay. Chair Russell: I'd like to pass the gavel and move Item RE. 14, please. Commissioner Reyes: Yes. Victoria Mendez (City Attorney): I can't hear you. Commissioner Reyes: Mr. Chair -- City of Miami Page 88 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Vice Chair Gort: (UNINTELLIGIBLE) back in business. Can you please allow us to finish the agenda? We have a long agenda to go through. Okay? Commissioner Carollo: Chair -- Vice Chair Gort: (UNINTELLIGIBLE) be very happy. Thank you. Commissioner Carollo: -- we're going to have to wait a couple of minutes to -- Commissioner Reyes: Yeah. Commissioner Carollo: -- get this room clear. Later... Chair Russell: In order to make my motion, I need to complete the item -- the motion has a blank in it. And so, my motion is to move RE. 14, adding the name, Fowler White Burnett, into the blank spot, if it pleases this board. Commissioner Carollo: Nope, it doesn't please me. Chair Russell: You're Chair. Commissioner Reyes: Okay. Vice Chair Gort: Your motion is -- was there a process that we had to receive the letters from the different individuals for qualifications, and was there a set time for that? In other words, you requested applicants to apply to certain -- to -- (UNINTELLIGIBLE) be -- considered for the attorneys for the work to be done with the Melreese Park, right? And was there a deadline? It was open -- Ms. Mendez: Yes, a deadline was given. So now there's a motion on the floor -- Chair Russell: And let me explain it just to -- Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: -- see if I get a second here. Vice Chair Gort: Sure. Chair Russell: So I believe that we should be following the lead of our City Attorney and City Manager with regard to selection of the attorneys that represent us. Our job is to ratify those. There was an original offer given, but there's only one. This body asked for the selection process; they came back. Of that 16, the City Attorney recommended three. We had vigorous discussion over that. There were some issues kind of nonrelated to the development agreement itself, but more about qualifications of law firms with regard to their relations with Cuba. Of the three, I felt that this one is the -- has no connection to Cuba, whatsoever, with regard to the State statute, our own resolutions, as well as the concerns brought up by Commissioner Reyes, so Tin putting forth that so that we can move forward. So my motion is for that particular law firm. Vice Chair Gort: In other words, you want to add to the three that was suggested by the --? Chair Russell: No. It's within -- it's one of the ones she suggested, and I'm just -- City of Miami Page 89 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Unidentified Speaker: Fowler White. Chair Russell: --picking one and making a motion. Vice Chair Gort: Okay, perfect. Commissioner Carollo: Which would be the two that you suggested? Vice Chair Gort: Okay, there's a motion. Is there a second? Commissioner Carollo: What were the other two that you suggested, Madam City Attorney? Ms. Mendez: Shutts and Hunton. Shutts -- Commissioner Reyes: Hunton is out of the question; they're doing a lot of business with Cuba. Commissioner Hardemon: Fowler is the one where the lawyer said that he was not going to directly work on it? Commissioner Carollo: Well, there was a whole discussion. Ms. Mendez: Right. And he has -- Commissioner Reyes: That's right. Ms. Mendez: -- since gotten an Ethics opinion, so that's been resolved with respect to that. He still can't work on it, unless there's a waiver by this Commission, and the Commission is usually not inclined to do those waivers, but it is up to you, obviously. Commissioner Carollo: Well -- Commissioner Hardemon: Can he indirectly work on it? Ms. Mendez: No, he cannot work on it. Vice Chair Gort: Okay. Commissioner Carollo: You'll never (UNINTELLIGIBLE). Vice Chair Gort: There's a motion. Excuse me. There's a motion. Is there a second? Commissioner Carollo: You'll never really know. Ms. Mendez: If you did the waiver. Vice Chair Gort: Excuse me. There's a motion -- Ms. Mendez: If you did the waiver. Vice Chair Gort: Excuse me. Through the Chair, please. There's a motion. Is there a second? No second. It dies for lack of second. Chair Russell: One down. City of Miami Page 90 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Vice Chair Gort: One down. Okay. Any further discussion. Any further motions? Commissioner Reyes: Any further motions? Chair Russell: Did someone have a choice of (UNINTELLIGIBLE)? Commissioner Carollo: Well, we could either choose one out of the two that were recommended, or we could certainly choose one out of the three that were recommended, so. Vice Chair Gort: My understanding, you guys like the one in particular where you were get some questions about the -- doing any business with Cuba, the one you recommended? Commissioner Reyes: You see, it is your district; which one you prefer, Commissioner Gort? I mean, that you think that could do a good job. Vice Chair Gort: My understanding, there was one group that really stood out, because of the amount of deal they did with the stadium, and so on. And the question they were asked, do we give them a break so that they could go back and come back and say they (UNINTELLIGIBLE) -- they had deals with Cuba. And my understanding is that has been the question that was asked. Commissioner Carollo: What group was that, Commissioner? Vice Chair Gort: The name of the group -- I don't have the -- Commissioner Reyes: That was Fowler, right? Vice Chair Gort: No. Commissioner Hardemon: Did we not come back with --? Commissioner Reyes: No. That was Fowler, right? Chair Russell: Can we just establish which one Commissioner Gort is speaking about? Commissioner Reyes: That's right; that was Fowler. Chair Russell: That was Hunton, I believe. Commissioner Reyes: No. Hunton is the one that they are very -- Vice Chair Gort: Right. Commissioner Reyes: -- proud about all the business they do in Cuba. Chair Russell: All right. Let's -- I would like clarification from the City Attorney or the City Manager which firm Commissioner Gort is referring to. This is the first one that was suggested; is that correct, Commissioner Gort? Vice Chair Gort: Yes. Chair Russell: Which is the first firm that you had recommended? Ms. Mendez: The first firm that was recommended -- City of Miami Page 91 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: Before the selection committee. Ms. Mendez: -- before was Hunton. Chair Russell: For the selection process. Hunton. Ms. Mendez: Hunton Andrews Kurth. Chair Russell: Got it. So Commissioner Gort, do you have a motion based--? Ms. Mendez: That is the first one that was suggested. Commissioner Reyes: Hunton was the one that they had -- Chair Russell: Just a moment, please. One at a time. So based on that, Commissioner Gort. Vice Chair Gort: The presentation (UNINTELLIGIBLE). Irvin Rai: I think the Commissioner is referring to the Fowler White/O'Melveny & Myers -- Commissioner Reyes: That's right. Mr. Rai: -- combination. We're the ones that represented Major League Baseball in the transaction for the Marlins, which I think is what the Commissioner was just referencing. Chair Russell: So let's be clear, though, because at the beginning of the statement, he mentioned the first firm recommended by the City Manager and the Attorney, and that was Hunton. Commissioner Carollo: I'm sorry. What firm are you with? Mr. Rai: O'Melveny and Myers. We partner with Fowler White. Commissioner Carollo: Okay. And you say you represented the Marlins deal? Mr. Rai: I represented Major League Baseball, not the Marlins. Commissioner Reyes: Yes. Commissioner Carollo: All right. Chair Russell: Just a moment, please. Commissioner Carollo: Either way -- Chair Russell: Just a moment. One at a time. Before we move on to any discussion, I need clarification over which firm Commissioner Gort was referring to. Vice Chair Gort: My understanding, one of the -- I referred to two. I mentioned one in local. I mentioned them because they're experienced in dealing with sports. And my understanding in research that I've done, they're the type of people that will tell them "that's a bad deal. " Chair Russell: Which firm is that? City of Miami Page 92 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Vice Chair Gort: This firm right here right now. Chair Russell: Fowler. Vice Chair Gort: Fowler. Commissioner Reyes: Fowler. Chair Russell: So do you have a motion, Commissioner Gort? Vice Chair Gort: I do; move it. Commissioner Hardemon: That was with Fowler? Chair Russell: All right. Seconded by the Chair. There's a motion on the floor and a second to move RE. 14, adding an amendment -- Commissioner Reyes: Discussion. Chair Russell: -- in the blank for Fowler White. Commissioner Reyes: Discussion. Open for discussion. Commissioner Hardemon: And that's the one where the gentleman had the conflict? Commissioner Reyes: Yeah. The guy --that was the one that I nominated. Commissioner Carollo: Yeah. Chair Russell: One ata time. Go ahead. Commissioner Reyes: I was the one that nominated it, and then we had a little problem with the gentleman, and then we found out that you were dealing with Cuba, because I'm going to be very clear here. Commissioner Hardemon: Listen, I thought that's what we were here for. Commissioner Reyes: I'm going to be very clear. Chair Russell: One at a time. Commissioner Reyes: I mean, it might mean -- doesn't mean -- to some people, it doesn't mean that much, but it means a lot to me, because, I mean -- and the -- although the people -- it is a free for all now, everybody wants to do business. We have statutes, and we have -- in our Codes, there are laws that prohibit that. You see? And as long as it is codified, I am going to enforce it. I'm going to ask for that enforcement. Chair Russell: Now, could somebody representing that firm and their partners let us know --? Answer three questions, please. There's a state statute; we have a City resolution as well, and then we have the criteria that Commissioner Reyes has stated very clearly in previous meetings about advising companies that deal with Cuba. Do you have any conflict with any one of those three issues? Luis Konski: We do not -- City of Miami Page 93 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Reyes: Okay. Mr. Konski: -- represent any company doing business with Cuba. Mr. Hannon: I'm sorry. Can you get closer to the mike, please? Chair Russell: Your name, please. Mr. Konski: My name is Luis Konski. I'm sorry. I'm -- Chair Russell: Thank you very much. Mr. Konski: -- (UNINTELLIGIBLE) of Fowler White. Chair Russell: Right. Commissioner Reyes: Okay. Chair Russell: So you do not represent companies that work in Cuba or with Cuba? Mr. Konski: We're in compliance with all laws and all statutes (UNINTELLIGIBLE). Chair Russell: Right. Commissioner Reyes: If you comply with it -- Mr. Konski: Yes. Commissioner Reyes: --I'll vote for you then. Mr. Konski: Yes. Commissioner Reyes: That's it. Mr. Konski: We don't do business with Cuba. The only company that we do business -- which does business with Cuba, but we do not deal with them in that capacity, and that is Carnival Cruise Line. Commissioner Reyes: That's what -- that was a problem that -- let me ask another question. Chair Russell: Commissioner Reyes, just a moment, please. Commissioner Reyes: I'm sorry. Mr. Konski: As clarification, I understand -- Chair Russell: Just a moment; let me ask you the question. In what capacity do you work with that cruise line company? Mr. Konski: We represent independent contractors of Carnival Cruise Lines [sic]; mainly doctors who are on the ships. Commissioner Reyes: Okay. City of Miami Page 94 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Mr. Konski: But we have no cases involving anything having to do with Cuba. Chair Russell: And you have -- and so, you do not represent that cruise line with any of their compliance with Cuban law, with American -Cuban relations; none of that. It's simply about medical -- Mr. Konski: Absolutely. Chair Russell: -- issues within -- Mr. Konski: None whatsoever. Chair Russell: -- their company? All right. Mr. Konski: None whatsoever. Chair Russell: Are there any questions for --? Unidentified Speaker: I think we had a statement to that effect. Commissioner Reyes: Another question. Mr. Konski: Yes. Commissioner Reyes: How much are you going to charge? Unidentified Speaker: I'm sorry? Commissioner Reyes: Oh, it's -- that's a very valid question, because -- Commissioner Hardemon: I have a question. Chair Russell: Commissioner --just a moment. Commissioner Gort -- Commissioner Reyes: Yes. Chair Russell: -- would like to hear from other attorneys. Commissioner Hardemon has a question. Is it for Fowler? Commissioner Hardemon: Yes. You know, in law, there are facts, and facts can be read one way or another, but generally, they are facts, which make them universally true. You can read a fact -- you know, as a witness, for instance, a witness can present a fact, and the hearer of that fact can infer different things from it. What I'm troubled with is when I listen to the statements that you put on the record, I see other attorneys who -- you know, who are Florida Bar members, as well, shake their head in disagreement, and I'm trying to understand -- and I'm sure it'll come up -- if it's because they see the facts differently, or they do not agree with your assertion of fact, because we want to make our decision based off of truth. And there have been a lot of things that have been asserted about many of the firms that are here about its business in Cuba. When we continued this the last time, it wasn't to give us more time necessarily to say who we should vote for; but more so, what are the relations with Cuba and the firms that are dealing with business in Cuba? And so, I'll give you a chance to kind of respond to the whole assertion of fact, because I understand you're saying, "We're in compliance with the State law, " but you backed away from your previous statement, which was something to the effect of who you represent in Cuba. City of Miami Page 95 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Mr. Konski: We do not represent any company in Cuba, period. Commissioner Hardemon: All right. Mr. Konski: We've made a statement to that effect; we have provided it to the Commission. Commissioner Hardemon: Do you represent individuals? Mr. Konski: No. Richard Wood: Gentlemen, my name is Richard Wood. I'm one of the managing shareholders at Fowler White. To be perfectly clear, we represent the independent medical doctors that are on board these ships in connection with claims for medical malpractice that take place on board the ships. We've not done any work with Cuba. We've never represented and counseled clients on doing business in Cuba, since the inception of the firm in 1943, period. Commissioner Hardemon: Have you ever represented Carnival Cruise Line? Mr. Wood: We've represented Carnival Cruise Line -- Commissioner Hardemon: That's Carnival -- Mr. Wood: -- in the capacity -- Commissioner Hardemon: -- Cruise Lines [sic] do business in Cuba. Mr. Wood: -- but not in connection with counseling them on any business issues or doing anything with business with Cuba. We've only represented the independent contractor physicians or nurses, or physician's assistants that have claims against them for medical malpractice for incidences that have taken place on board the ships. Commissioner Hardemon: Right. So I mean, I understand that very clearly. You're saying that Carnival Cruise Lines [sic] has a contractual relationship with the physicians that are on board their ships. Mr. Woods: Correct. Commissioner Hardemon: Which means that you represent those individuals? Mr. Wood: Correct. Commissioner Hardemon: However, you've also stated on the record that you've represented Carnival Cruise Lines [sic]. Now, if there's a suit, I'm sure that the -- Mr. Wood: Carnival -- Commissioner Hardemon: -- lawyer will site Carnival, and then -- Mr. Wood: Correct. Commissioner Hardemon: -- they'll sue the individual doctors. Mr. Wood: Correct. City of Miami Page 96 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Hardemon: When that happens, who do you represent there? Mr. Wood: We -- Carnival Cruise Lines [sic] is brought in as ancillary in many of these cases, and Carnival Cruise Line is our client, but they are medical malpractice defense claims. Just as we represent the university in connection with Jackson Memorial Hospital, it's medical malpractice. It's not business advice, not any transactional advice. It's purely medical defense for claims that had been filed against the physicians. Commissioner Hardemon: Right. So you have represented Carnival Cruise Lines [sic], who does business in Cuba? Mr. Wood: Their ships go to port. None of our cases have involved any incidences of any -- on board any ship that has made a port of call in Cuba. But the company as a whole -- and we're proud to represent them. Commissioner Hardemon: You should be. Mr. Wood: They're one of the largest and significant corporate entities in this county; an employer and a great community citizen. Commissioner Hardemon: And Carnival Cruise Lines [sic] -- because, you know, I'm new to learning all the intricate details of business in Cuba, and property that was taken from citizens or companies that did business or lived in Cuba, but in fact -- because what I've understood was that the ports that are in Cuba, that Carnival Cruise Lines [sic] docks at, were, in fact, ports that were confiscated from businesses that were in Cuba before Castro took office -- took his position in the country. Is that true? Commissioner Reyes: Their families that are here. Commissioner Hardemon: The families are in America. Commissioner Reyes: The families are in America, and they're going to be suing. Commissioner Hardemon: So -- but my question was directed to the attorney, because I want to get his answer on the record. Commissioner Reyes: Can I make --? Chair Russell: Just a moment, please. Let them respond. Commissioner Reyes: Sure, sure. Mr. Wood: Yeah. I would have to see that. I have no personal knowledge that that's the case. I -- and have not -- wasn't prepared, and did not realize that we'd be researching that issue, so I couldn't comment on it. Commissioner Hardemon: You have no personal knowledge -- Mr. Wood: But I'm glad to look at it. We would be glad to look at it. Commissioner Hardemon: You represented Carnival Cruise Lines [sic], and you have no personal knowledge -- Mr. Wood: We're representing Carnival Cruise Line in connection again with medical malpractice. We have nothing -- City of Miami Page 97 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Hardemon: I heard that part, but my question to you is, I want to clarify that you said to me that you have no personal knowledge of the facts that I just stated on the record? Mr. Wood: (UNINTELLIGIBLE) of the title to the history of the ports and the property? Commissioner Hardemon: No, not me; you? Mr. Wood: No, we don't. Commissioner Hardemon: You have no personal knowledge of that? Mr. Wood: With regard to the title and how the ports and how they're operated, absolutely none. Chair Russell: Commissioner Reyes. Commissioner Reyes: Yes. I mean, I'm satisfied with that, but I'd rather have, I mean, clear -- I mean -- or a commitment that you're not going to represent anybody or the government of Cuba or anything -- Mr. Wood: I absolutely will not -- Commissioner Reyes: (UNINTELLIGIBLE). Mr. Rai: -- represent (UNINTELLIGIBLE). Commissioner Reyes: But now, let me ask -- let me tell you something, and this goes for anybody --all of you, you see. I received this. I received this. And we all received an envelope with information inside, you see, talking about the different folks or accusing other companies of doing business with Cuba, or that they had had criminal problems; I mean, they're going to be accused, or they had had Bar complaints. Shame on you. Whoever did this, shame on you. Chair Russell: Can you submit that for the record, please? Commissioner Reyes: Yes, I'm going to submit this -- Chair Russell: Thank you. Commissioner Reyes: -- to the record. And I think you got one; everybody one -- got one. Shame on whoever did this. You see, you know what it is that you represent -- I mean, whoever did it. I'm not accusing. I don't know who did it. But you represent the legal system, you represent justice, you represent the law, and you go so low. It's just like if you were hyenas, man. I mean, I wish I knew who it was, because if I knew for certain, I would take it upon myself to make a -- propose a resolution that that company or that firm will not do business with the City of Miami, ever. Lack of ethics. Lack of ethics. I mean, if you're going to win it, win it on your own merits. And if you are doing business with Cuba, be man enough or woman enough and say, "Yes, I'm doing" -- ma'am -- I mean, and I have to make a penny, " and all of that. I mean, and I will say, "Well, you're making a penny. You're making money on a suffering of the Cuban people. " But don't go so low, man. I mean, maybe it's because I am this old, and I was brought up in different values. Mr. Rai: Can I (UNINTELLIGIBLE)? City of Miami Page 98 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: Thank you. Commissioner Reyes: But this is incredible. Chair Russell: For the record, Commissioner Reyes is referring to an anonymous package that was dropped off for Commissioners containing dirt on several firms with their relations to Cuba, et cetera. Commissioner Gort. Vice Chair Gort: I have to confirm that. I received that, and I threw it away. I mean, it's ridiculous to see the way sometimes we function in this City. People wanted -- they don't want to gain the contract because of their ability to perform. They want to gain it by destroying and sending -- It's ridiculous. Commissioner Reyes: I have a question. Chair Russell: All right. Commissioner Reyes: One of you are -- I mean, somebody brought to my attention. You have somebody that names O'Melveney? Chair Russell: Yes. That's one of their partners that's on this -- Commissioner Reyes: And it says that economic sanction (UNINTELLIGIBLE) relations (UNINTELLIGIBLE) as well as economic sanction (UNINTELLIGIBLE) trade with Cuba. (UNINTELLIGIBLE), Iraq, Lybia, Sudan, and Syria. (Expletive), this is worse. Commissioner Carollo: Yeah. Commissioner Reyes: Okay. Represent U.S. (UNINTELLIGIBLE) companies in obtaining a (UNINTELLIGIBLE) authorization, licenses, and advisories opinions under the EAR and -- Wow. Chair Russell: What are you reading from, Commissioner? I'm sorry. Commissioner Reyes: I'm reading from there. Chair Russell: What is it? Commissioner Reyes: From -- somebody -- I mean -- Chair Russell: Is it from that anonymous package, or this is from --? Commissioner Reyes: No. This is from their -- Chair Russell: Their website. Okay, got it. I got it. Mr. Rai: So if I may? Commissioner Reyes: Absolutely. Mr. Raij: I'm with O'Melveny. I think you're referring to a bio of one of my partners in Washington, DC (District of Colombia) -- Commissioner Reyes: Yeah. City of Miami Page 99 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Mr. Rai: -- who is a U.S. sanctions lawyer; does not advise on any Cuba law; does not active -- does not represent any company in Cuba; does not do anything -- advises strictly, solely on U.S. law. I've spoken to her. She has no active matters in Cuba. She doesn't -- again, we do not do business in Cuba. Commissioner Reyes: But -- Mr. Rai: But she advises on U.S. law. Commissioner Reyes: -- the way that it is advertised, it says that -- I mean, advising on obtaining licenses to do business with Iran, with Cuba. Mr. Rai: She advises on U.S. law from the U.S. -- that's issued by -- The U.S. government has multiple laws related to doing business around the world. She advises on U.S. law. We do not -- I repeat -- we do not interact with any foreign government on these issues, period. We do not represent any business in Cuba. We do not represent any client in Cuba. Chair Russell: Thank you. Commissioner Carollo: The -- Chair Russell: All right. What we're going to do now is we're going to open the floor for public comment, which means anyone, including those who are -- who have answered this request for letters, may speak at this time, and any Commissioner may ask you questions at that time. So if you'd give your two minutes -- Commissioner Carollo: No. You -- Chair Russell: -- ifyou need -- and any Commissioner. Commissioner Carollo: -- can't do that. You have a motion on the floor. Commissioner Reyes: Right. Chair Russell: Yes. Commissioner Carollo: So you can't -- Ms. Mendez: Before -- Commissioner Carollo: -- open it up when you have a motion on the floor. Chair Russell: Absolutely, we can. We absolutely must have public comment for anything we vote on, and we're about to vote. Commissioner Carollo: Yeah. Well, then you have to withdraw the motion on the floor. Chair Russell: Not at all. I apologize, but for procedural, we have a motion, we have a second; we're now opening for public comment and discussion. That's all. There's no separate motion here. Ms. Mendez: I would ask, though, if you have already spoken, and you're going to - City of Miami Page 100 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Vice Chair Gort: I'll withdraw the motion. Ms. Mendez: --say the same thing with regard to public comment -- Commissioner Carollo: Okay. Ms. Daly: -- that you've said in the past, then -- Commissioner Carollo: Motion is withdrawn. Chair Russell: I'm sorry; you're not the Chairman. Vice Chair Gort: No. I'm withdrawing the motion. Chair Russell: And I understand. Commissioner Carollo: And you know what? I'm glad I'm not, so I don't have to answer somebody else. Chair Russell: So there was a motion. There was a second. We were about to open for public comment. The motion has been withdrawn. Is there a new motion? If not, we won't be taking this item up. Later... Chair Russell: Back to the other item on the floor, RE. 14. Vice Chair Gort: Okay. My question was, I wanted the other firms to be able to speak, but if I withdraw the motion, we still can discuss -- Chair Russell: Yes. Vice Chair Gort: Okay. Chair Russell: We can discuss it, and we can make another motion at that time -- Vice Chair Gort: All right. Chair Russell: -- if any minds have changed. Vice Chair Gort: Okeydoke. Chair Russell: So the motion's withdrawn. We're going to open the floor for public comment. Any attorneys here would like to speak, anyone from the public would like to speak on RE.14 only, please, you each have two minutes, and the Commissioners can feel free to ask you questions. Ana Maria Pando: Good afternoon. My name is Judge Ana Maria Pando. I'm a retired Miami -Dade County judge, and I was one of the firms. I'm the principal of the firm that -- one of the firms that submitted a letter of interest. You all were here for my presentation; I'm not going to rehash it. You all know me. I bring to the table institutional knowledge which nobody else can bring. I was an Assistant City Attorney for just short of a decade, because then I became a County Court Judge. As a County Court Judge, I did nothing but landlord tenant. Actually, I did landlord tenant and a lot of (UNINTELLIGIBLE) cases. As a -- when I was assigned to Hialeah branch courthouse; therefore, I bring that to the table that I don't believe any other firm can. And what I bring is the fact that I can make City of Miami Page 101 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 decisions -- to the table anybody else can; I'm sorry -- the fact that I can make decisions, and the fact that can tell "no" to powerful and strong people, because I did it as a judge. And I can anticipate litigation, because I reviewed, during the eight years that I was doing landlord tenant, many, many commercial leases, and I handled the disputes related to those commercial leases. In addition to my -- to what I bring to the table that no other firm can bring, I also have on my team a lawyer by the name of (UNINTELLIGIBLE); he's present here. He has been doing real estate for 15 years and --for 20 years; I'm sorry -- he has been underwriting real estate deals for 20 years under -- as a member of Attorneys Title, and he brings the real estate experience necessary for this particular deal. And in addition to that, I have Moises Grayson, who does nothing but commer -- who does -- when I said, "nothing, " he -- of course, he has to eat and everything else, but when he is working, he is looking at commercial leases of this type. He has done leases involving $75 million deals, $100 million deals, and I -- we can do this with a team of 15 lawyers, at $250 an hour. And together, we bring to the table 30, 30 -- about 85 years of legal experience; 10 of which involve my experience as a judge, doing landlord tenant work. So -- and we're only a phone call away. We're very accessible. We're down -- I mean, my office is down the street from here, on 37th Avenue and 23rd Street. And, you know -- Chair Russell: Thank you. Ms. Pando: -- we're effective. And at the end of the day, if -- I just found out this morning that if you want -- what you want is stadium experience, Moises Grayson actually worked on the acquisition and the development -- the financing of Joe Robbie Stadium, so we bring that to the table, too. Chair Russell: Thank you very much. Ms. Pando: Thank you very much. Commissioner Reyes: Mr. Chair? Ms. Pando: And I do not do business with Cuba. Appreciate it. Commissioner Reyes: Mr. Chair -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- I want to -- once again, I want to state that -- I want to make the statement that this is not a stadium deal, you see. The stadium is a minimal part of the major, major real estate development that is going to be done there. I have heard thatpeople come and they say, "We're going to bring an expert from Germany. " We don't need an expert from Germany to -- I mean, anybody can deal with a little stadium that is 28 (UNINTELLIGIBLE). I bet that I get -- the Chairman here can deal with that deal. The deal is a major real estate deal. And what I wanted somebody that knows about real estate that -- and doesn't charge an arm and a leg, because they're going to bring an expert from -- Chair Russell: All right. Commissioner Reyes: -- Germany. This is not the (UNINTELLIGIBLE) that is going to play here. This not going to be a league from Spain or (UNINTELLIGIBLE). Chair Russell: Let's hold discussion and just do public comment, and any questions you have of the attorneys at this point, please. Any questions? City of Miami Page 102 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Reyes: That's right. How much are you going to charge? Ms. Pando: $250 an hour. Commissioner Reyes: Okay. Commissioner Carollo: Well, why so much? They said they'd do it for 175. Commissioner Reyes: That's right. Ms. Pando: Last time I was before you -- I don't know if you remember -- Commissioner Carollo: (UNINTELLIGIBLE). Ms. Pando: I don't think, Commissioner Carollo, you were here; your brother was here. Last time I was before you, I basically lost the proposal, because the firm said they were going to do it for free, so I'm not surprised. But at the end of the day, we'll do it for $250 an hour. Commissioner Reyes: 200 -- Ms. Pando: I worked for the City. There were days I was making $.50 an hour, and that's okay. Commissioner Carollo: Well -- Chair Russell: Thank you very much. Commissioner Carollo: --you know -- Commissioner Reyes: $250 -- Chair Russell: Gentlemen, one at a time, please. Commissioner Reyes: -- and that include the expert on -- Ms. Pando: There's no expert. Commissioner Reyes: -- stadium. Okay. Ms. Pando: You know, we have in these proposals -- Commissioner Reyes: Okay. Ms. Pando: -- you know, there's a proposal that's bringing somebody from Germany; another one from Connecticut. Chair Russell: Thank you. Ms. Pando: There's no need for that. Chair Russell: Commissioner Carollo. Commissioner Carollo: A point of interest, we have a new restaurant that will be opening in Calle Ocho. We recently had a real nice one that opened up; now we got a second one, and the cook's name is Jorge Has. So I don't know if, you know, there's a connection there or not, but that's the cook's name; Jorge Has. City of Miami Page 103 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: Thank you very much. Commissioner Reyes: I thought (UNINTELLIGIBLE). Chair Russell: So this is a little bit of what I was trying to avoid in terms of creating a selection committee here with, you know, a whole question and answer session, but here we are. Commissioner Reyes: Next, sir. Chair Russell: We're going to keep going two minutes apiece, please, and any questions you have for the attorneys. Angela de Cespedes: Good afternoon, everyone. Angela de Cespedes, with Shutts and Bowen. I'm one of the three law firms that was recommended by the City Attorney. I want to address a couple of points. We actually delivered a packet to the Commissioners, I believe, yesterday, and it was an amendment. Mr. Carollo -- Commissioner Carollo asked for real estate experience, and we provided all of the Commissioners and the City Attorney and the Assistant City Attorney with more detail about Shutts and Bowen's real estate experience, which I think is critical, and it goes to your point, Commissioner Reyes. All this talk about Cuba -- and by the way, let me just say for the record, O Melveney's position that their lawyers advise clients with respect to U.S. laws that relates to Cuba, that is exactly what we do; no more, no less. So we're in the exact same position as Fowler White on that issue; exactly the same. Okay? Commissioner Reyes: How much you're going to charge? Ms. De Cespedes: I cannot speak to that, sir. I -- unfortunate -- you know, to get up here and to say that to you, but I will tell you is it doesn't take a team of 15 people, like Ms. Pando just said. Commissioner Reyes: Well, you know (UNINTELLIGIBLE). Chair Russell: Let's not talk about other attorneys and stick to our -- Ms. De Cespedes: Okay. Chair Russell: Yeah. Commissioner Reyes: Yes. Ms. De Cespedes: Yes. And I'm not authorized to give you a price, and that's something that we can negotiate. Commissioner Reyes: But (UNINTELLIGIBLE). Ms. De Cespedes: (UNINTELLIGIBLE) think -- but one of the things that we told you in our original submission is that we do it for a discounted rate of 425, but it's only going to take two lawyers. We've done hundreds of these ground leases -- Commissioner Reyes: Okay. Ms. De Cespedes: -- hundreds. City of Miami Page 104 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Reyes: But I don't want the City of Miami to get then a bill for $5 million for this deal, because it doesn't matter; we're going to -- we're not going to recoup this -- Ms. De Cespedes: There's not going to be -- Commissioner Reyes: -- okay, of 3 or $4 million. We had had bills like that, and you know that. Okay? Chair Russell: All right. Thank you. Ms. De Cespedes: I'll tell you this much. I'll tell you this much. If we do it, we're going to spend as much time as needs to be spent to do it correctly -- Commissioner Reyes: Okay. Ms. De Cespedes: -- so you don't find yourselves in a mess down the road. Commissioner Reyes: Okay, 450. You're -- that's it. Okay. Chair Russell: All right. Ms. De Cespedes: Anyway, again, just to address. We are qualified. We have -- we are here. We are in Miami. We've been in Miami for 110 years. We've negotiated hundreds of these ground leases. Commissioner Reyes: But -- Ms. De Cespedes: We have all of the real estate capabilities necessary to do it. And with respect to the comments -- the firms in Connecticut and the firms in Germany, that is a miniscule portion of it, and please don't disregard that, because the attorney in Germany has negotiated stadium deals for 30 different soccer stadiums, and there are nuances, Commissioner. There are nuances. Commissioner Reyes: That's right. Ms. De Cespedes: And the Connecticut firm -- Commissioner Reyes: But we don't -- Ms. De Cespedes: -- is in a very particular position to help us obtain additional revenue as a result of the negotiations on the lease, because they've had a massive redevelopment in Hartford, Connecticut, which is why we brought them in. And they have very, very interesting methodology to go home and extract additional revenue that you all have not contemplated, and that is why we brought them in, because at the end of the day, what are we doing here? We're trying to do something good for the City. We're trying to bring revenue to the City. We're trying -- Commissioner Reyes: Yes, ma'am. Ms. De Cespedes: -- to create something that's, quite frankly, going to be a legacy for all of you -- Commissioner Reyes: Legacy. You mean -- Ms. De Cespedes: -- here at the City. City of Miami Page 105 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Reyes: -- that destroying that park is going to be a legacy? Ms. De Cespedes: They're building a new park. Commissioner Reyes: Oh. They're not building anew park. Chair Russell: All right. Let's not get -- Commissioner Reyes: I'm sorry; I'm voting fully against you. That's it. Chair Russell: Please. Commissioner Reyes: That's it. Ms. De Cespedes: Thank you. Chair Russell: Let's not get into the substance of the deal itself. Next, please. Thank you. Gustavo Membiela: Good afternoon. Gustavo Membiela, from Hunton Andrews Kurth. We are also one of the three recommended firms. We are the most qualified firm of the three recommended firms, and just -- you know, we have real estate lawyers here in Miami. We've been here for 20 years. We have 85 lawyers across the country, but I wanted to address three specific points to this Commission. One of them is, in terms of the proposals of other two qualified firms, both of those proposals involve multiple firms. We are the only firm that, on its own, has these qualifications with our partners. You know -- Chair Russell: Internally. Many Gustavo: Yeah. Mark, who was here before this Commission before on his stadium experience, and our local real estate team who has the real estate experience. Conflicts -wise, we do not do anything in front of this Commission. We do not have a land use practice. We do not have a government relations practice here in Florida. So we have no conflicts, no appearance of conflicts, in terms of this representation with the City. The last point is that I want to raise -- because there's been a lot of talk about my firm, and what we do in Cuba, what we don't do in Cuba. And the discussion by this dais has been both factually and legally incorrect, and let me tell you why. The statute -- the Florida Statute that you keep referring to, that statute may be on the books, but it doesn't apply. Governor Scott, when he signed it into law, said, I'm signing this into law. There's a savings clause in this statute, but it is unenforceable, " okay? It is unenforceable. And the decision by this Commission to exclude any firm on the basis of what they do or don't do in Cuba is a violation of the U.S. Constitution -- Commissioner Reyes: How (UNINTELLIGIBLE). Mr. Gustavo: -- and the (UNINTELLIGIBLE) clause in the Constitution. And as to what we do in Cuba, we do no more or no less than what the attorney from O'Helveny told you there. We represent clients with respect to U.S. law. We advise them on what their obligations are under U.S. sanctions. Under the Office of Foreign and Asset Control, are you complying? Are you not complying? Should you not be doing this? And what do you do -- you know -- and how do you go forward with your business, and how do you divest? You know, a lot of it is (UNINTELLIGIBLE) transactions, where there may have been a multinational (UNINTELLIGIBLE), and there's (UNINTELLIGIBLE) for divestiture. City of Miami Page 106 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Reyes: Okay, sir. You have any relationship with any of the elected ojficials; the Mayor, or anybody else? Mr. Gustavo: Do I have any relationships? Commissioner Reyes: Yes, yes. Mr. Gustavo: Well, I've known you and your son for many, many years. Commissioner Reyes: That's right. But that's -- Mr. Gustavo: For many, many years. Commissioner Reyes: --why I don't want you to think that it's personal. It is not personal, you see. And how much -- I mean, let's do it -- you claim that you didn't do it -- I mean, that now nobody -- now nobody does business with Cuba. And they have -- all the Facebooks -- you see, you open their Facebook pages, and they are so proud of their knowledge and their business that they do in Cuba, and how much access they have to the government and to the attorneys in Cuba. And now nobody wants to do it, you see. I think that we should listen to you guys and make a decision, and we should take into consideration also how much are we going to be paying. That is my -- Chair Russell: Criteria. Commissioner Reyes: -- criteria. Mr. Gustavo: Mr. Reyes, to your point, like I told you last time I was here, the Cuba practice is me. I'm the one that does the (UNINTELLIGIBLE) advice. And you know how many times I've gone to Cuba? None. None. I've never negotiated with a Cuban official. I've never done anything with a Cuban official. We don't take clients to Cuba. We certified -- Commissioner Reyes: I believe you. Mr. Gustavo: -- it in an RFP response. Okay. Commissioner Reyes: I believe you. Mr. Gustavo: Thank you. Commissioner Reyes: My decision is not going to be on your relationship with (UNINTELLIGIBLE) Castro or Raul Castro. No, it's not going to be based on that. Mr. Gustavo: All right. Commissioner Reyes: It is going to be based on something else, or -- neither on the benefits that your clients are -- I mean, given the benefits that they bring to the Cuban government, which oppresses us. It's not going to be based on that, you see. That's for the record. Chair Russell: Thank you, Commissioner Reyes. Mr. Gustavo: And just to, Mr. Reyes -- to that last question, Commissioner Reyes -- and I would just have -- you know, if -- so that you can be true to your word, and you understand what are our qualifications for this, I would have you look at the deal that we are doing for the State of New York, where it is a full commercial real City of Miami Page 107 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 estate development where we won a public RFP (Request for Proposals) for the State of New York, where there's a hotel and there's commercial development, and there is a stadium attached to that, which is very similar to this in terms of the real estate type of transaction that this City is doing, and I thank you for your time. Chair Russell: Thank you very much. Good morning. Edward Martos: Good morning. Thank you for your patience. Thank you for the opportunity to speak. Commissioner Reyes: I just received another -- I mean, what the hell's going on around here? This is just like -- I mean, it's -- Mr. Martos: Commissioner -- Commissioner Reyes: -- a pack of wolves. Mr. Martos: -- I'm happy -- I see what you're holding up; I'm happy to speak to that. Commissioner Reyes: Man, another page disqualifying somebody else. I mean, I never seen this. Shame on all of you guys. Okay. You see, (UNINTELLIGIBLE). I mean, you're an attorney, man. You know, I always had such a high opinion of attorneys, and now, Jesus Christ, just to get a contract, it is just like a pack of wolves; just to get a contract. Chair Russell: All right. Commissioner Carollo: Now you know, Commissioner, why you never see an attorney with his hand in his own pocket. Commissioner Reyes: You know, some people say I'm -- there's an old saying in Cuba that says, "Entre abogado to vea, "you see. When you want something bad to some people to happen, you say, "Entrepreneurship abogado to vea." And that translation, see, I hope I see you between" -- "among lawyers, because you are going to be bad. " Its going to be bad for you. I mean, I never thought about that. My goodness. You see, I -- please, somebody make a motion, and let's -- Commissioner Hardemon: Listen, before -- Chair Russell: Well, we're in public comment now, please. Commissioner Hardemon: We're in public comment, and Mr. Chairman, once they're completed, I would like to be recognized. Chair Russell: Gladly. Mr. Martos: Commissioners, thank you again for the opportunity. My name is Edward Martos, office at 2525 Ponce De Leon Boulevard. I'm here on behalf of my law firm, Weiss Scrota Helfman. You all know Weiss Scrota Helfman well. We've represented the City in the past. We've represented just about every local government in Miami -Dade County at one point or another. Currently, we're of counsel for 13 governments just in Miami -Dade County. We also represent governments in -- elsewhere in South Florida. I think that qualification alone puts us above the rest, as somebody capable of addressing the City of Miami's needs and servicing this issue. It is a real estate deal. We completely agree that it's a real estate deal. We handle all the real estate transactions for those governments, in- house. We have that experience. Now, Commissioner Reyes is holding up apiece City of Miami Page 108 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 of paper with a bio of one of our attorneys. That biography is for Alan Fertel. He is a sports and entertainment lawyer, and at one point he was trying to get talent outside of Cuba; in other words, players; not a corporation, not the government of Cuba, but rather have a player exit the country. By the way, the player was not able to leave the country, okay? But it did appear on his bio, and that's the concern he's going to raise. With respect, Commissioner Reyes, to your concern about pay, we've done many deals for real estate projects for governments, and we routinely have developers pay the legal fees. That's exactly what we would propose here. In terms of what the fees would be for our partners, we would charge 350 an hour; for our associates, we charge 300 an hour; for one partner in particular, who's with a joint firm of ours, we would charge $425 an hour. But again, we routinely include in our contracts -- and we've done this very successfully for multiple governments -- a provision where the developer ends up paying the bill. So the City would not incur legal fees under our proposal. Thank you. Chair Russell: Thank you very much. Commissioner Carollo: But those fees -- Chair Russell: You have a question, Commissioner Carollo, first? Commissioner Carollo: -- are all negotiable, right? Mr. Martos: I'm sorry? Commissioner Carollo: Those fees are all negotiable, correct? Mr. Martos: Yes, they are. Commissioner Carollo: Yeah, I figured that. Chair Russell: Thank you very much. Mr. Martos: You're very welcome. Chair Russell: Good morning. Hugo Alvarez: Good afternoon, Commissioners. Chair Russell: Good afternoon. Mr. Alvarez: Hugo Alvarez, on behalf of Becker and Poliakoff. And I think our name -- when you hear the name of our law firm, it's synonymous with real estate. I agree with the comments that Commissioner Carollo and Commissioner Reyes had made repeatedly. The law firm that this -- that the Commission hires needs to be qualified, and needs to be well -versed as it relates to real estate. One of the unique qualifications of our law firm that none of the other law firms has is we have more Board-certified planned development and real estate attorneys than all the other law firms that are applying combined. And why does that matter? Because we're the only law firm that can actually say before all of you, we have experts, Board- certified experts in the area that you need legal assistance with. You have a City Attorney that's Board-certified in municipality law; she's an expert. We have the Board-certified attorneys in real estate. We have the Board-certified attorneys in planned development. You won't hear me talk about Cuba, and you won't hear me talk about conflict issues, because we're a real estate law firm. We have been since we star -- we founded approximately 50 years ago, and in that time period, we've garnered probably -- City of Miami Page 109 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Reyes: Which one is your firm? Mr. Alvarez: Becker and Poliakoff. Commissioner Reyes: Becker and Poliakoff. You know, I -- Chair Russell: Can you let him finish? Commissioner Reyes: Oh, yes, yes, yes, yes. Listen, I'm going crazy. Mr. Alvarez: Thank you. Chair Russell: Thank you. You have a question for him? Commissioner Reyes: No, no, no. I heard enough. But can we -- as a body, we need an attorney, right? Can we name Commissioner Keon Hardemon as the negotiator? You see, I -- my motion is -- Commissioner Hardemon: Now, you remember that when I leave this dais. Chair Russell: Commissioner Hardemon asked for the floor. Commissioner Reyes: Okay. My motion is to -- I'm proposing Commissioner Keon Hardemon, because I trust him, and I think that he is going to be -- and he is -- I mean, he won't charge us that much money, you know. Commissioner Hardemon: (UNINTELLIGIBLE) the rate. Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: Thank you. One at a time. He is the attorney among us. Commissioner Hardemon: Trust me; I think I can get partners to come in with me to make an intelligent decision about this. Commissioner Reyes: Would you accept that? Commissioner Hardemon: If I could, right? So this is what I suggest. I think -- I admire all the attorneys that have come before us that are making their case for representation in this matter. I think it's an important decision that we're making. We've talked a lot -- about a lot of different things that matter to us; some things that are not applicable by law and some things that are; some things that should be considered. But the one thing that we have to also consider is that this is more than a relationship with the City of Miami. This is a relationship with our City Attorney's Office. And so, when we're discussing this sort of matter, we need to understand that the attorneys' offices are going to be working together. You know, there are -- I remember what was deemed as the "Dream Team, " and all attorneys know who the Dream Team was, but they didn't get along. The team did not get along, you know, and that -- and the win that the Dream Team had does not necessarily come on the back of the attorneys, in a sense of, you know, there was poor witnesses for the State, and some mishandled evidence, and that goes a long way when you're looking at facts. And so, I say that to say, is that we don't want a mishap of that. And so, what I'd like to do is I'd like to make a motion that gives -- The City Attorney's Office gave us a number of different teams, and we've heard at least two motions that describe firms on this dais, from last meeting and from this meeting. And so, my thought would be that -- and not before -- we nominate two City of Miami Page 110 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 attorneys' firms, and allow the City Attorney's Office to negotiate with those two attorneys' firms, and then come back to us and let us know who they determine -- Commissioner Reyes: Can you please name -- Commissioner Hardemon: -- would be the best. Commissioner Reyes: --the two? Commissioner Hardemon: Right. I would name those two to be what was moved by the Vice Chair -- I mean, by -- yeah, by the Vice Chairman, Fowler White and Burnett, and then also Shutts and Bowen. Commissioner Reyes: No. Chair Russell: There's been a motion. Is there a second? Commissioner Carollo: I -- Vice Chair Gort: Second. Chair Russell: It's been seconded by Commissioner Gort. Commissioner Carollo: Discussion. Chair Russell: Further discussion. Commissioner Reyes: I -- I'm -- and let me tell you, after hearing the lady from Shutts, I don't have -- You see, we have to understand that you cannot have any -- besides the Cuban deal, or the thing is -- but you cannot have any, I will say, a preference or be sympathetic to the mass, to the people that are going to -- that make this development. The lady made a statement that they said they're building a new park. That means that she is already, already -- she is already partial, and that -- I think that is very dangerous. Besides -- and I have friends in that firm, but that statement will preclude me -- that statement alone will preclude me from voting for them, you see; that statement, because that shows favoritism; that shows that impress -- she's impressed by those people that she's going to be dealing with, and we are in this predicament because of our lack -- of my lack -- particularly mine, and I think Commissioner Carollo -- lack of trust of the Administration, because the Administration, they had been cheerleaders for the project. You understand? And that's why we are in this predicament. And I cannot vote or recommend anybody that makes that statement that they are so impressed and in awe with the development that is going to be made here. I want somebody that is going to go and represent us for the best of the City, not like that. I'm sorry, but Shutts, I will not vote for them. Chair Russell: Thank you, Commissioner. Commissioner Hardemon, I actually -- I think what you said was actually really well said, the analysis to -- it's not so much about the one firm, but it's how well the team works together. Commissioner Reyes: Okay. If you bring another -- Chair Russell: I'm sorry. Sorry. Commissioner Reyes: --firm -- Chair Russell: I'm sorry, Commissioner -- City of Miami Page 111 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Reyes: -- I will -- Chair Russell: Let me finish. But I -- and I think this is what should have been done in the first place. This is allowing our City Attorney to use their discretion. And I think what we need, if we -- if this motion passes, and these two are sent to the City Attorney, and she works together and negotiates, or whatever, and brings something back that we affirm whatever the City Attorney chooses. I believe as -- that should be -- I mean, obviously, it'll be a majority, so it may not be everybody, but I think that's our charge here, and I think your suggestion is a very good one; that, you know, rather than us choosing and then forcing the City Attorney to work with someone that we have chosen, this originally should have been the City Attorney's choice that we were ajfrming or denying, period. And so, this method that you've chosen, allowing us to narrow it down to two and sending it back to the City Attorney, is actually quite a good one, so I appreciate that. So there's a motion and a second. I'm just going to finish up public comment. If there's anyone who hasn't spoken yet on RE. 14, and if there's any further discussion -- if anyone has questions for the attorneys who are here -- Commissioner Carollo: There are -- Chair Russell: Did you speak on RE. 14 yet? You are welcomed to speak. Brenda Betancourt: Not yet. Brenda Betancourt, 1436 Southwest 6th Street. I just want to actually thank Commissioner Carollo and Commissioner Reyes to stick to themselves [sic] to -- trying to get not the same, same all over again. I think the Marlin [sic] Park give us a really bad taste of the deals. They -- it's still in place. They cannot be fixed, because the bad decision that was made before. So I commend both of you to do it. To me, I think it's great if we can get the lowest rate, because sometimes you pay more for an advice to --from an attorney, and then you realize that, "Oh, that was what was thinking, and now I'm paying somebody a big rate to do what I was already confirming. " It's like -- it's just an opinion. And sometimes attorney forget that they work for you. So when attorneys forget that they -- actually, their job is to make your life easier, and not just charge you for every half an hour or for a phone call. I think it's very important that Commissioner Reyes said that the (UNINTELLIGIBLE) should be great. We have a great attorneys. And I know Judge Pando for a long time. I was in her court. I used to manage the Hialeah Courthouse. And if somebody is going to tell you in your face, `Like it or not, no, " it's going to be her. And she's not going to care about what people think; she's going to do the right thing. At least to me, that's (UNINTELLIGIBLE) -- you should consider one of those two firms, because somebody's going to tell you the truth and not going to go around because other reasons, it will be her. Most people don't like it, but it's better the truth than feel sorry later when you have to pay the price, the way we're paying prices right now with the Marlins, with the 11 o'clock at night, fireworks; that you hear it 20 blocks around, or the (UNINTELLIGIBLE) in front. We, as a city, can cannot use it, because they don't allow you to use it; or your parking lots, that they are empty, and we cannot use it, because the Marlin deal is preventing us to use it. So I hope that you guys do the right thing; not just for the deal, but for the citizens of the City of Miami. Commissioner Reyes: I -- Chair Russell: Thank you. I'm closing public comment now. There's a motion and a second to narrow down of the selection process -- Commissioner Reyes: I -- City of Miami Page 112 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: -- to both Shutts and Fowler. And you're not looking for the City Attorney to make a recommendation today, are you -- Commissioner Hardemon: No. I -- Chair Russell: -- in that motion? Commissioner Hardemon: No. I think that what will happen is that the City Attorney's Office will meet with them -- Chair Russell: Yes. Commissioner Hardemon: -- and they will -- Chair Russell: Bring back recommendation. Commissioner Reyes: I will -- Commissioner Hardemon: (UNINTELLIGIBLE) whoever they choose is who we choose. Commissioner Reyes: I will have -- Chair Russell: Right. Commissioner Reyes: -- I would love to make an amendment, and this be Fowler and somebody else, and leave Shutts out, because as I said, I don't have any trust on what that -- Chair Russell: There's been an amendment. Commissioner Reyes: -- according to the statement, the statement made -- I mean - - I think that it is going to be partial to the developers. Chair Russell: Thank you. Commissioner Hardemon: Mr. Chairman? Chair Russell: There's been an -- Commissioner Hardemon: Mr. Chairman? Chair Russell: --amendment requested to remove Shutts from that motion. Does the mover accept the amendment? Commissioner Hardemon: I want to respond to you, because I think, you know, my colleagues deserve a response. I completely understand exactly what you're saying. And the only reason I'm not willing to accept the amendment is because sometimes we disagree about what we believe is a park versus green space; and so, on this dais, we talk about these things. And so, if it was represented to the public that that was going to be a park, and someone says it's going to be a park, I just kind of take it as a statement of fact and not necessarily an -- Commissioner Reyes: Sir -- Commissioner Hardemon: -- emotional appeal to (UNINTELLIGIBLE). City of Miami Page 113 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Reyes: -- you are an excellent attorney, and you are an excellent -- Chair Russell: One at a time, please. Commissioner Reyes: -- orator. Chair Russell: Let him finish. Commissioner Reyes: Yeah. Chair Russell: Just (UNINTELLIGIBLE), please. Commissioner Hardemon: I'm finished, I'm finished, I'm finished. Commissioner Reyes: Okay. Commissioner Hardemon: I'm finished. Chair Russell: Thank you. Commissioner Reyes. Commissioner Reyes: You are an excellent attorney, and you are an excellent orator. I speak with an accent, but I don't hear with an accent, okay? Commissioner Hardemon: I have an accent, too. Commissioner Reyes: Okay. I heard what the lady said and the way that she said it. She turned to me and she said, "But they're building a new park there, " and that shows her disposition. And I know people that work in Shutts that I love as a brother, you see, but I am consistent. I am consistent. And that statement was clear. It was not misspoken. It was not -- it was -- that -- it was a conviction that they were doing the right thing, you see. And it's -- she said, It is a signature project thatyou" -- "it's going to be your legacy. " To me, it's not a signature park. If you say that, that means that you like the project, that you're in favor of the project. That's why I humbly ask you -- Commissioner Hardemon: Right. Commissioner Reyes: -- to name somebody else, because I don't trust the impartiality of the person -- Commissioner Hardemon: Understood. Commissioner Reyes: -- of the lady. And I'm sorry; I don't know the lady, and I don't have anything personal against anybody. This is a project that I had stated my position from day one. I think it's a horrible project for the City of Miami, and I -- I mean, I want somebody that it is going to represent the City not on my view or your view that you voted for it; on the benefit for the City of Miami -- Chair Russell: All right. (UNINTELLIGIBLE). Commissioner Reyes: -- without having any favoritism. Chair Russell: Got it. So mover does not accept the amendment? Commissioner Carollo: And -- City of Miami Page 114 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Hardemon: But I think he has the option of -- they have the option of Fowler, and I thought I was being fair with Fowler, including it in the motion. Commissioner Carollo: Can I suggest something else, even though I don't like the idea at all, because -- Commissioner Reyes: I don't either. Commissioner Carollo: -- ofgiving -- Chair Russell: Bring the mike down a little. Commissioner Carollo: -- the City Attorney, the City Manager, the Assistant Attorney, the Parks Director, whoever, the prerogative that we have, and it's our final responsibility? The buck stops here. I don't like to play Pontius Pilate and wash my hands. However, having said that, would the maker of the motion accept maybe a third firm? Commissioner Hardemon: I would. Commissioner Carollo: So that in case we don't come to an agreement on the first, there's a little more wiggle room, because we have to come and make a decision on this already. Commissioner Hardemon: But the only way that I would accept the amendment to include a third farm is if -- whatever the City Attorney's Office determines -- Chair Russell: Of those three. Commissioner Hardemon: -- who it should be, then that's who it should be, because they've made -- they've -- and I don't -- and I agree with you in the sense of I don't want to -- I would -- I don't -- it is not a habit of mine to give my authority to anyone besides us. Commissioner Carollo: Okay. So -- Commissioner Hardemon: But I think that this would be a good way of allowing someone who's going to work so intimately with them -- Commissioner Carollo: Well -- Commissioner Hardemon: -- to make a decision. Commissioner Carollo: -- I'm going to name one of the two firms that I believe are the best qualified. I think you have one in the group that was chosen. The other one I'm going to name is Becker Poliakoff. Commissioner Hardemon: I would agree. Commissioner Reyes: Well, if you -- Commissioner Carollo: At least -- Commissioner Reyes: -- name -- if you propose them, I will second you, so we vote now. City of Miami Page 115 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Carollo: At least we get some wiggle room there, and I feel comfortable that we have at least two of the major firms; that either one have sufficient experience in the real estate side, which, to me, is the most important, and that have enough good attorneys to -- that have had experience in the stadium deals to go into that too, but the most important thing here is commercial real estate, because that's what the bulk of this whole project is. I don't think that we'd be talking about this -- Commissioner Reyes: Nope. Commissioner Carollo: -- if it weren't for the commercial real estate side. Chair Russell: Thank you. So the mover accepts the amendment? Commissioner Hardemon: I would accept that amendment. Chair Russell: Does the seconder accept the amendment? Chair Russell: Yes. So we have all agreed. Commissioner Carollo: I would only add this -- Commissioner Reyes: I -- Commissioner Carollo: -- that we emphasize to the City Attorney also that price is a factor. Commissioner Reyes: Okay. Commissioner Carollo: Price is a factor. Chair Russell: Now, if -- I'd like to clam this motion, based on what Commissioner Hardemon has said. Is this a pre -affirmation of the choice of the City Attorney, or does she need to bring it back to us? Are we saying of these three, whichever one the City Attorney chooses, that's Scripture? Commissioner Reyes: I can -- Chair Russell: Does she need to bring it back? Commissioner Reyes: -- not go along -- Chair Russell: Just a moment. Commissioner Reyes: -- with that. Chair Russell: I'm asking the mover. Commissioner Reyes: As long as that firm is in there, I cannot go along with that. Chair Russell: Okay. Commissioner Reyes: Because I -- I mean, I have to trust the impartiality of a firm that is going to -- and that trust has been broken, you see, with that statement. Vice Chair Gort: Mr. Chairman? City of Miami Page 116 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Reyes: I mean, it is the same thing that I have with the Administration; that they were, and still are -- the Manager is the cheerleader for the project. Chair Russell: You 've said it. Thank you. Commissioner Reyes: You see? Chair Russell: Commissioner Gort. Commissioner Reyes: And I cannot vote for that. Chair Russell: Understood. Commissioner Gort. Commissioner Reyes: I cannot vote for that. Vice Chair Gort: My understanding is their job is to come up with the best deal that will bring the most benefit to the City of Miami. Commissioner Reyes: Yes. Vice Chair Gort: And that's their job with the City Attorney; to sit down, and with her -- our people, the Administration, and come up with the best plan that is going to give the most favor among the funds to the City of Miami and benefit to the City of Miami, to the residents. Then, after they do that, that's the -- they entitled to do - - the Administration come with a plan. They come to us, then we vote if we like it or not. Chair Russell: Thank you. Commissioner Reyes: No, but what I -- Chair Russell: Commissioner Hardemon. Just a moment, please -- Commissioner Reyes: -- what I'm not going to (UNINTELLIGIBLE). Chair Russell: --please, please. Commissioner Reyes: Hold on a second. Chair Russell: One at a time -- Commissioner Reyes: Okay. Chair Russell: --please. Commissioner Reyes: Please -- Chair Russell: I would just like to understand the motion. If it's a pre -approval of any one of the three -- Commissioner Reyes: No. The thing is that -- Chair Russell: -- (UNINTELLIGIBLE) or would you like it to come back to us? City of Miami Page 117 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Reyes: I -- if it is to vote "yes'' or "no, " I mean, I might go with it, but if it is going to tie us to whoever the City Attorney picks, as long as that firm is there, I am not going to vote for it. Commissioner Carollo: Well -- Commissioner Hardemon: The -- Chair Russell: Clear. Crystal clear. Commissioner Hardemon. Commissioner Hardemon: The City Attorney has already provided us with -- Commissioner Reyes: I (UNINTELLIGIBLE) business. Commissioner Hardemon: -- guidance about -- Chair Russell: Yes, you are. Commissioner Hardemon: -- the firms that we should be choosing from. And so, we have not gone astray from what her recommendations are. And so, what I'm trying to do now is say, "Okay. Well, initially, I said two, but I'm willing to have three names now go back to the City Attorneys, " because what I'm saying is that if we're already following her decision making on this about who we should be considering, let's follow her team, who's going to be working with her intimately; and whatever they say, after they've taken a list of whatever they think is important to them, plus cost, et cetera, that they make the decision, and what we are doing is we are approving their decision. Commissioner Carollo: I hear that -- Chair Russell: So -- Commissioner Carollo: -- and I -- Chair Russell: Commissioner Carollo. Commissioner Carollo: -- technically don't -- Commissioner Hardemon: So you won't have to come back -- Commissioner Carollo: -- I technically -- Commissioner Hardemon: -- no more attorneys coming back to us. Commissioner Carollo: -- don't have problems with that. However, if, for any reason, this Commission decides to vote down her recommendation -- that's why I wanted two firms, and then limit ourselves to those three so that this doesn't go on forever, and we pick them -- one of the other two, if, for any reason, the first one, there's no consensus. Commissioner Hardemon: No. What I'm saying is that by this vote, it would allow her to be able to choose. That's what I'm saying. Chair Russell: And it's done. Doesn't need to come back to this Commission for a further -- Commissioner Hardemon: No, because -- City of Miami Page 118 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: Understood. Commissioner Hardemon: -- by coming back -- Commissioner Carollo: Madam City Attorney, you have some pretty confident law firms there, some attorneys that make a lot of money per hour. What do you estimate -- and I don't want to hold your feet to the fire on this, but I do need you to opine on this -- what do you estimate should be between one amount on the low side to a higher amount on the higher side the rates that we should be looking at? Ms. Mendez: It depends, because we can negotiate a flat amount; we can negotiate an hourly amount. I can talk to you during the process of discussing this with the firms. I do know that, obviously, the bigger firms have a slightly higher dollar amount. We are going to do this on a consulting basis, so the goal is to be, obviously, not breaking the bank. We've had enough of those for the past two years. So I think that -- I don't want to hold myself to an amount, but I will be in communication with you, and then we can go from there. Commissioner Carollo: Well, you -- okay, you will be in communications with all five of us on the amount, the ones that vote here; not just sponsor things? Ms. Mendez: Not just who; I'm sorry? Commissioner Carollo: I said the ones that actually vote here; not just sponsors stuff, pretending they vote here. The -- I think the most important thing is that we bring this to a conclusion quickly. And what I want you to emphasize to the firms, when you speak to them and make your final determination, is that we want the -- and the whole reason we're doing this whole process, we need to get, based on the deal that's there, that was voted upon -- obviously, we could do less or we could do more -- but based on that deal, how much is this worth to us? What is the market value? And then, if they built more, how much more would that be built based on "A" amount of hotel rooms or "A" amount of square footage for retail; or if they would build less, how much down would it go. So that's what we're bringing them in for. The stadium part, I don't think, is that hard, because this is a very small stadium; 25,000. And, you know, this is not going to be any kind of a money -- major money provider to us -- Chair Russell: Thank you. Commissioner -- Commissioner Carollo: -- (UNINTELLIGIBLE) the rest of it. Chair Russell: Commissioner Gort. Vice Chair Gort: My understanding, the people voted for a specific project, so it has to be a specific project. I mean, the hotel, the mall -- Commissioner Carollo: Yep. Vice Chair Gort: -- the office buildings, and all that. Okay? Ms. Mendez: But people voted for you to make the decision at the end. Vice Chair Gort: No. I understand. Ms. Mendez: Okay. Vice Chair Gort: But the deal should be based on what the people voted on. City of Miami Page 119 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Ms. Mendez: Yes. Commissioner Gort: Okay. Chair Russell: Thank you. There's been a motion and a second. If this motion passes, the City Attorney will be have the final decision to bring forth; to work with either Shutts, Fowler, or Becker. That's the motion on the floor. There's been a second Any further discussion? All in favor say -- Commissioner Reyes: ,lust one clarification. Whatever she says goes? Chair Russell: Yes. Commissioner Reyes: Then I vote against it. Chair Russell: Understood. All in favor, say "aye. " Commissioner Hardemon: Aye. Chair Russell: Any opposed? Commissioner Carollo: Aye. Commissioner Reyes: Yes. No. Chair Russell: Motion passes, 4-1. Thank you. REA 5 RESOLUTION 5914 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING THE CITY MANAGER, IN CONSULTATION WITH and Mayor THE CITY ATTORNEY, TO DEVELOP CRITERIA, ESTABLISH, AYES: AND IMPLEMENT A CIVIC INTERNSHIP PROGRAM KNOWN AS THE CITY OF MIAMI PAGE PROGRAM FOR 15-18 YEAR OLD STUDENTS FOR THE PURPOSE OF INTRODUCING STUDENTS TO LOCAL GOVERNMENT, POLICY MAKING, AND PUBLIC SERVICE ("PROGRAM"); AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSE OF IMPLEMENTING THE PROGRAM, WITH AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0215 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: All right. If I could -- Commissioner Reyes: I got one -- before -- City of Miami Page 120 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Carollo: I have -- Commissioner Reyes: -- I have some children here; RE. 15, which is -- that I am moving -- Chair Russell: There's a motion. Commissioner Reyes: -- RE.15. Chair Russell: Is there a second on RE. 15? Commissioner Hardemon: Second. Chair Russell: There's a motion and a second. I'd like to open the floor for public comment, if anyone would like to speak on RE. 15. Commissioner Reyes: Yes. Come in. State your name. Check this out. Check this out. Check this out. Commissioner Hardemon: (UNINTELLIGIBLE) to speak. I don't know. Chair Russell: Hello. And we won't rush you; please. Commissioner Hardemon: The first question is, do you do business in Cuba? Chair Russell: All right. Commissioner Reyes: Not yet. Vice Chair Gort: Go ahead. Chair Russell: Welcome. Please give us your name, and you -- the floor is yours. Carlos Morales: Good morning, Commissioners. Sorry. Good afternoon, Commissioners. My name is Carlos Morales, and I, along with my brother, Marcelo, are here to support RE. 15, regarding establishment in the City of Miami "Page Program. " Thank you, Commissioner Reyes, for agreeing to support -- sponsor and support this item, due to your passion for educating and mentoring students. We're extremely excited to see this program move forward in the City, with the help of the Commission, in order to teach students about local government. Kids will not have to travel far to Tennessee to simply learn about the government. We can learn about the government right here. We hope to -- we hope, with your leadership and vision, that this local Page Program would spread to other cities. Thank you for your support. Chair Russell: Thank you very much. Well said. Commissioner Reyes: You are very welcome. (Applause) Commissioner Carollo: All right. Chair Russell: Thank you. We're going to close public comment on RE. 15. Is there any further -- Oh, I'm sorry; we have further public comment. City of Miami Page 121 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Brenda Betancourt: Are this program -- Brenda Betancourt, 1436 SW 6th Street. Are this program going to be just in District 4, or it's going to be actually in the entire --? Commissioner Carollo: Citywide. Commissioner Reyes: Citywide, citywide. Ms. Betancourt: Where did the kids can apply? Commissioner Reyes: Here. Ms. Betancourt: Here? Commissioner Reyes: That's right. Ms. Betancourt: At this office? Commissioner Reyes: With each Commissioner. Ms. Betancourt: Each Commissioner can have -- Commissioner Reyes: That's right. Ms. Betancourt: -- how many students per district? Victoria Mendez (City Attorney): That's what needs to be set up with HR (Human Resources). Commissioner Reyes: That have to be set up. Ms. Mendez: So -- Vice Chair Gort: They have to go through a process. Commissioner Reyes: But that is -- each Commissioner is going to have some students that they're going to come and intern with them and -- with him, or -- because we don't have "her" here. And so (UNINTELLIGIBLE). Ms. Betancourt: Can I give all of you phone numbers -- Commissioner Reyes: You can bring your daughter. Ms. Betancourt: -- (UNINTELLIGIBLE) everybody (UNINTELLIGIBLE)? Commissioner Reyes: You can bring your daughter, and you bring her to me. Ms. Betancourt: Thank you. Chair Russell: Thank you. Any further discussion? Closing public comment. Any further discussion on the dais? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. City of Miami Page 122 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 RE.16 RESOLUTION 5922 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND and Mayor EXECUTE A PURCHASE AND SALE AGREEMENT AYES: ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ABSENT. ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND INVESTORS GUIDE LLC ("SELLER") FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 700 SOUTHWEST 63 AVENUE, MIAMI, FLORIDA ("PROPERTY") FOR A PURCHASE PRICE OF THREE HUNDRED FIFTY-EIGHT THOUSAND DOLLARS ($358,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION; ALLOCATING FUNDS FROM A SOURCE TO BE DETERMINED IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE, AND RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. ENACTMENT NUMBER: R-19-0208 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Hardemon ABSENT. Carollo, Reyes Note for the Record. For minutes referencing Item RE.16, please see Item PK2 RE.17 RESOLUTION 5918 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Commissioners THE CITY MANAGER TO DRAFT A RESOLUTION FOR and Mayor CONSIDERATION BY THE CITY COMMISSION AT ITS JUNE 13, 2019 MEETING TO CO -DESIGNATE THAT PORTION OF SOUTHWEST 6TH STREET FROM SOUTHWEST 27TH AVENUE TO BEACOM BOULEVARD, MIAMI, FLORIDA AS "DR. EDUARDO J. PADRON WAY'. ENACTMENT NUMBER: R-19-0210 City ofMiarni Page 123 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. For additional minutes referencing Item RE.17, please see "Order of the Day. " Chair Russell: As soon as we have a third on the dais, we can take a little action. Yeah. All right, he's in the chambers. I'd like to take up Item RE17, Co - designation of Dr. Eduardo Padron Way. The Clerk's Office has spoken with Commissioner Carollo's office. He had asked for this wait, but he's happy to see it go forward. If I --well, I don't want to speak for what his vote would have been, but he's happy for us to be able to take this up without him at this point. Is there a motion on RE. 17? Vice Chair Gort: Move it. I think it's an excellent idea. The gentleman has done quite a bit for education in this community. Commissioner Hardemon: So they're naming it Patron [sic] Way, right? Chair Russell: Padron, Padron. Commissioner Hardemon: Oh. Chair Russell: Not Patron. Commissioner Hardemon: Oh. So like -- not like "Oreo "? Chair Russell: No. Not like -- Commissioner Hardemon: R -E -O. Chair Russell: Yeah. Commissioner Hardemon: Not "Oreo' ; R -E -O. Chair Russell: Yeah. Commissioner Hardemon: And "Padron, " not "Patron. " Chair Russell: Correct; not on the rocks. Commissioner Hardemon: Say no more. Chair Russell: Is there a second? Second by the Ch -- Commissioner Hardemon: Second. Chair Russell: -- second by Commissioner Hardemon. It's been moved by the Vice Chairman; second by Commissioner Hardemon. Any further discussion on the dais? City of Miami Page 124 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 Vice Chair Gort: Well, I'd like to thank the Mayor and Commissioner Carollo for putting that together. Chair Russell: Yes. It's been a pleasure working with Dr. Padron. We'll see what he ends up in his next iteration, but I'm sure there will be one, and we -- Vice Chair Gort: He'll be coming up with something. Chair Russell: Yep. Vice Chair Gort: That's for sure. Chair Russell: All in favor of RE 17, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. RE.18 RESOLUTION 5921 A RESOLUTION OF THE MIAMI CITY COMMISSION MOVER: AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND Commissioners EXECUTE A PARKING SERVICES AGREEMENT ("AGREEMENT"), and Mayor IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE ABSENT: DEPARTMENT OF OFF-STREET PARKING A/K/A THE MIAMI PARKING AUTHORITY ("MPA") FOR THE OPERATION AND MANAGEMENT OF A PARKING LOT OWNED BY THE CITY OF MIAMI ("CITY") AND ADJACENT TO THE TOWER THEATER LOCATED AT 1508 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT; FURTHER AUTHORIZING THE MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AMENDMENTS AND RELATED DOCUMENTS CONCERNING THE SAME, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-19-0209 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. For minutes referencing Item RE.I8, please see Item PK2 END OF RESOLUTIONS City ofMiarni Page 125 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 I4Jie4Ji14:it]4►[WK91N311►/e1►140 EMA ORDINANCE Emergency Ordinance 5908 (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE VIII OF Commissioners THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, and Mayor TITLED "MOTOR VEHICLES AND TRAFFIC/PRIVATE PARKING AYES: LOTS", BY CREATING A NEW SECTION 35-292 PROHIBITING PRIVATE PARKING LOT OPERATORS FROM ISSUING PARKING VIOLATIONS TO MOTOR VEHICLES PARKED IN SAID PRIVATE PARKING LOTS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13840 MOTION TO: Adopt as an Emergency Measure with Modification(s) RESULT: ADOPTED AS AN EMERGENCY MEASURE WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item EM.1 passed as an Emergency Ordinance with two roll calls. For additional minutes referencing Item EM.1, please see "Order of the Day. " Commissioner Carollo: And the other one that I do need to get through today so that people aren't getting ticketed further -- and we all agreed that we were all in this together -- Vice Chair Gort: Sure. Commissioner Carollo: -- is EM. 1, the emergency ordinance on parking tickets. Chair Russell: There's a motion on EM. 1. This is a four-fifths. Commissioner Reyes: Let me clam something on that ordinance. You see, we have institutions, like -- Chair Russell: Is this a second? Commissioner Reyes: Oh, I will second, butt want -- Chair Russell: Okay. There's a motion. There's a second. Open for discussion. Commissioner Reyes: -- to know that -- I mean, I want to make it clear that we have to amend this, and we have to discuss this, because -- for example, Miami Dade Community College -- you see -- they have people -- they have parking spaces -- I mean, they have parking -- Commissioner Carollo: They don't do that. They don't do that. City of Miami Page 126 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 Commissioner Reyes: No, but they can -- there are institutions, certain institutions that they will ticket. They will use (UNINTELLIGIBLE). Commissioner Carollo: Well, if you'd like, I have no problem if you include in the ordinance that the only exception -- Commissioner Reyes: Institutions. Commissioner Carollo: -- is -- well, educational institutions. Commissioner Reyes: Educational institutions. Chair Russell: Education -- Commissioner Reyes: Educational institutions, and I accept that. Chair Russell: So the mover -- and does the seconder accept the amendment? Vice Chair Gort: Yes, I do. Chair Russell: So educational institutions will be exempt from this -- Vice Chair Gort: Right. Chair Russell: -- ordinance we got? Commissioner Carollo: Yeah. Chair Russell: Yep. Vice Chair Gort: Yes. Commissioner Carollo: Right. Going to be -- it's an emergency ordinance, as we discussed before, so it'll be first and second reading. So could it be read? Victoria Mendez (City Attorney): Right. So I have to read it twice -- Commissioner Carollo: Right. Commissioner Reyes: Okay. Ms. Mendez: -- when you make your motion. Commissioner Carollo: Well -- Vice Chair Gort: It's been made and second already. Commissioner Carollo: -- it's been made and second. Ms. Mendez: Okay. Chair Russell: It has. Is there any further discussion? I'd like to open for public comment on this item. Commissioner Reyes: Look at this. City of Miami Page 127 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Carla Hernandez: Hi. How are you? I'm here to speak against the emergency motion, one that forces parking garage people to tow cars instead of giving the tickets. Commissioner Carollo: I'm sorry. What is your name and address? Ms. Hernandez: I'm sorry. My name is Carla Hernandez. Chair Russell: Thank you very much. Ms. Hernandez: You're welcome. Chair Russell: Two minutes. Commissioner Carollo: Is there an address? Chair Russell: It doesn't need -- she doesn't need to offer one. Ms. Hernandez: So this motion -- this emergency motion is really scary to me. It's basically saying that if l stay a few minutes over on my parking, I don't get a ticket; you're just going to tow my car. It seems a little -- like a knee-jerk reaction and a lazy way of finding a more suitable solution. I'm a mom of three kids, and sometimes I run a little late on my parking, and those of you who are parents should be able to sympathize with the fact that sometimes you do run late on your parking. We also live in Miami, which has unpredictable climate, so sometimes the weather can make us late, butyou're basically saying thatyou're not going to give people the opportunity to face a fine in any of these instances; you're just going to tow their entire vehicle. To me, this is creating a public service issue -- a public safety issue; sorry. And what's going to happen is, it's just a matter of time before someone like me gets their car towed, finds themselves stranded, and then something really bad happens. So unfortunately, if you do pass this emergency motion, it's going to be your fault. Commissioner Reyes: From what I know and what has been found, this ticket, it is $45, and it has a name -- I mean, it has a telephone that they claim that -- then you can appeal it. There is no appealing to it. And it increases tremendously, and it gets to 140. We have an expert. Can I call an expert? You? You make -- you are the one -- come here. Chair Russell: No, we're not calling experts right now. Commissioner Reyes: No, no, no, no. Chair Russell: We're doing public comments. Commissioner Reyes: I just wanted information. How much does the ticket -- because she did an article on that. Chair Russell: So -- no, no. I'm sorry; just a moment. You're not on microphone. You're not on the record. Commissioner Gort, and then we'// get to that -- Commissioner Reyes: Yes. Chair Russell: -- if we want to have any discussion -- Commissioner Reyes: That's right. City of Miami Page 128 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: -- on that question. Commissioner Reyes: I would like -- love to know, because this is something that has been abusive. Ms. Hernandez: I understand -- Commissioner Reyes: And many old people -- Ms. Hernandez: -- but the ticket's $50. Commissioner Reyes: -- they don't even know how to do (UNINTELLIGIBLE). Ms. Hernandez: Right, but the ticket's $50, and getting your car towed is a couple hundred dollars. So not being given the option, you know, and not being given a warning -- Commissioner Reyes: This is faster. They get you faster with this ticket and --when they calling a tow truck and all of that. Ms. Hernandez: Right, but if you have -- Chair Russell: That's (UNINTELLIGIBLE). Ms. Hernandez: -- you're not giving people a chance. You're just basically taking their entire car. Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: Thank you. Just a moment. Commissioner Gort. Vice Chair Gort: Let me add -- and this could be amended -- we have rules and regulations right now. People used to use tow trucks or boots, whatever you want to call them. Commissioner Reyes: We have -- Vice Chair Gort: Do we have -- the parking establishment has got to have signs saying, "You got 15 to 20 minutes" -- Commissioner Reyes: 20 minutes. That's right. Vice Chair Gort: -- "before you can do that. " Commissioner Reyes: That's right. Vice Chair Gort: So I think that should be included in that. Commissioner Reyes: In that ordinance. Vice Chair Gort: That the parking facility that's licensed by the City ofMiami, it's got to go by the ordinance that we passed before. Commissioner Reyes: The one that we passed -- Commissioner Hardemon: Mr. Chairman? City of Miami Page 129 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Reyes: --for the booting -- Commissioner Hardemon: Mr. Chairman? Commissioner Reyes: -- includes the (UNINTELLIGIBLE). Chair Russell: Sorry. Commissioner Hardemon. Commissioner Hardemon: Thank you for coming. Ms. Hernandez: You're welcome. Commissioner Hardemon: You put a good voice to what the issue is, and, you know -- but I want you to understand something about what I'm about to say, and then I'm going to propose something maybe to the board that could be -- and if it's allowable by law, we can utilize. Our issue is that you're getting ticketed through unlicensed ticket givers. Ms. Hernandez: Okay. Commissioner Hardemon: And so, in the City of Miami, we contract with the MPA (Miami Parking Authority), and the MPA is who handles all of our tickets. They handle the parking fees, et cetera; and the City of Miami, it gets a revenue from that. And so, there's a relationship that has a direct effect upon bringing in revenue to the City of Miami and also the responsible ticket giving. You have official -- people who actually give out those tickets. You have an appeal process. I mean, you have people that can answer to an issue. Now, on the private lot side, I can understand why you would want to be ticketed rather than towed, but the problem is that if you are ticketed, the question is, who gets the revenue? The question is, what is the appeal process? The question is -- So basically -- so they're operating illegally, like an unlawful business there. And so, you know -- so I un -- so I think -- Ms. Hernandez: So wouldn't it make more sense -- Commissioner Hardemon: -- that what hap -- Ms. Hernandez: -- to regulate the -- Commissioner Hardemon: Let me finish. Ms. Hernandez: -- ticket -giving? Chair Russell: Just a moment, please; let him finish. Ms. Hernandez: Yes. Go ahead. Commissioner Hardemon: So what I'm saying here is that, if there is a legal way that private lot owners can also contract with the MPA, then it'll give the lot -- Chair Russell: (UNINTELLIGIBLE). Commissioner Hardemon: -- owners an opportunity to give tickets -- or for the MPA to give tickets in the private lot owner's lot rather than the tow. Now -- Chair Russell: It does exist, actually. Commissioner Hardemon: Okay. So -- City of Miami Page 130 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: The MPA does do contracts with private lots, and they manage (UNINTELLIGIBLE). Commissioner Carollo: Yeah, that is -- Commissioner Hardemon: So I think that's -- Commissioner Carollo: -- (UNINTELLIGIBLE) already. Commissioner Hardemon: -- then that would be -- if we were going to make an amendment, it would be that, yes, this, as they have putting [sic] it, is not allowed However, if the ticket -- if the lot owner contracts with the MPA, then they're to do it. Commissioner Carollo: I -- that's in the books already, and I have no problem adding that amendment; that it could only be allowed if any private lot owner -- Chair Russell: Contracts through the MPA. Commissioner Carollo: -- contracts through the City's Parking Authority. Commissioner Hardemon: Because then that guarantees that -- Commissioner Reyes: That's right. Commissioner Hardemon: -- everyone is operating on an even playing field -- Commissioner Carollo: Yeah. Commissioner Hardemon: --and you'll have the option --And what you'll find is that if someone is still towing your car rather than employing the MPA, they wanted to tow your car in the first place. They're -- I mean, they're in the business to make money. And I personally don't like to park in private lot owners' facilities, because of that very same reason. And so -- Chair Russell: Does the seconder accept the amendment, as well? Commissioner Reyes: Second. Vice Chair Gort: I do, but I want to make sure we also put the restrictions that they cannot do anything after the time is off. They have to give them -- I think it was 15 or 20 minutes. I don't remember how much it was. Commissioner Reyes: It was 20 minutes, I think it is. Vice Chair Gort: Okay. Commissioner Reyes: That we included that. Vice Chair Gort: I wanted that to be part of that, too. Chair Russell: I'm sorry. Could you clarify what that amendment is? Vice Chair Gort: If you'll recall when we were discussing about the boots and all that -- Commissioner Carollo: Yeah. City of Miami Page 131 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: The grace period? Vice Chair Gort: -- through the grace period -- Commissioner Reyes: That's right. Vice Chair Gort: -- do we -- we came up with certain -- all the parking facilities within the City of Miami, they have to have signs stating who's taking it, who's giving it. They have to give them 20 minutes -- Commissioner Carollo: But that was approved before. Ms. Hernandez: Is it possible -- Vice Chair Gort: Oh, it was approved before; only needs to be incorporated. Ms. Hernandez: --for you to license them? Chair Russell: Just a moment. Just a moment, please. Ma'am -- Vice Chair Gort: Excuse me. Chair Russell: --you don't have the floor on this. Vice Chair Gort: Excuse me. We're talking among ourselves. Ms. Hernandez: Sorry. Vice Chair Gort: Okay? There's certain rules that we have to follow. Ms. Hernandez: Sorry. Ms. Mendez: That's a different ordinance that we have, and we can obviously revisit that in the future. This -- Vice Chair Gort: But that was approved? Commissioner Carollo: That was approved. Chair Russell: Yes. Vice Chair Gort: That was passed? Ms. Mendez: Yes, yes. Commissioner Carollo: That was passed. We don't need to do anything. Vice Chair Gort: The parking facility has to comply with those ordinance. Ms. Mendez: Yes. Commissioner Carollo: Yes. Vice Chair Gort: Okay. Ms. Mendez: This one's a little different. City of Miami Page 132 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Carollo: Yeah. Chair Russell: So you -- that's not an amendment necessary. Commissioner Carollo: So you're covered with that, Commissioner Gort. Ms. Mendez: Right. Chair Russell: All right. And we're making this ordinance better as we go, which is what we do, but for process sake -- that's why we usually have two readings so we can -- Commissioner Reyes: Yeah. Chair Russell: -- really think it over . I'd just like to understand the emergency nature of the motion, so I understand why -- Commissioner Carollo: Emergency nature -- Chair Russell: -- we're pushing this so (UNINTELLIGIBLE). Commissioner Carollo: -- is that you have predators out there giving tickets out to people, very high tickets, pretending that they're government; either our Off -Street Parking Authority, maybe even a police type of ticket. Even today, they're trying to scare people by putting this out there on all the cars. Commissioner Hardemon: I mean, for that matter, I can create that same sort of ticket, go outside, and put that ticket on someone's car -- Commissioner Reyes: Yes. Commissioner Hardemon: --and wait for you to send the money to my account. Commissioner Carollo: Yeah. Commissioner Reyes: Yes. And— Commissioner nd-- Commissioner Carollo: Exactly. Commissioner Reyes: Mr. Chair, and you know what -- the way that many of the people are intimidated (UNINTELLIGIBLE) what had happened that they -- once they give you a ticket, you have a debt with that institution, which is not a governmental institution. You have a debt. And as -- if you don 't pay -- you see, you might appeal it, but you will never win an appeal. And as -- if you don't pay, the ticket increases -- the fine increases, and they will then pass your information and your debt to a collection agency -- Vice Chair Gort: (UNINTELLIGIBLE). Commissioner Reyes: -- and then that will damage your credit, you see. Chair Russell: All right. Commissioner Reyes: I mean, it is quite -- Vice Chair Gort: Okay. City of Miami Page 133 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Carollo: That's the emergency (UNINTELLIGIBLE) — Chair Russell: Thank you. Is there -- Commissioner Carollo: -- this is happening? Chair Russell: -- any -- Vice Chair Gort: Call the question. Chair Russell: Is there any more public comment on this item from anyone who hasn't spoken yet? Kelly Mallette: Thank you, Mr. Chairman. Kelly Mallette, Ronald L. Book, PA, 18851 Northeast 29th Avenue, Suite 1010, in Aventura. Thank you for the opportunity to speak. I represent City Parking, and just to address some of the comments that have been made. I think the goal here really should be to find an opportunity for private property owners to enforce parking in a way that's fair and reasonable for the public, as well. The public should have notice. And I think there are regulatory boundaries that you can put in place that would resolve these issues. We'd like to work with you to do that, if that means a cap on what those fines should be, a grace period, you know, appropriate notice on the citation, appropriate notice signage at that location. We're prepared to work with you to try to come up with something that does provide an appropriate regulatory structure to do those things. Vice Chair Gort: Thank you. Commissioner Carollo: Well -- Commissioner Reyes: This is -- Chair Russell: Thank you very much. Is there any further public comment? Commissioner Reyes: Can I make a comment (UNINTELLIGIBLE)? Chair Russell: If you 'd like to ask her a question -- Commissioner Reyes: Yes. No. What I'm going to inform you, this is the first reading -- Commissioner Carollo: No; first and second. Vice Chair Gort: No, no, no. It's emergency (UNINTELLIGIBLE). Commissioner Reyes: Oh, this is first and second. Commissioner Carollo: Emergency. Commissioner Reyes: Oh, it's an emergency. Vice Chair Gort: Once again, let me incorporate. My understanding, the ordinance that we pass, every facility, parking facility, surf parking facility in Miami, has to have the signage, they have the grace period, and they're supposed to be having that. Commissioner Carollo: Yeah. That was passed. Vice Chair Gort: That ordinance, that was passed -- City of Miami Page 134 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Carollo: That was passed. Vice Chair Gort: -- and we discussed it. Commissioner Carollo: That's correct. And -- Vice Chair Gort: Okay? Commissioner Carollo: -- what -- Vice Chair Gort: But that exists. That ordinance exists. Commissioner Carollo: -- Commissioner Hardemon did, he took care of what they're asking here for. By the private parking facilities being able to officially -- which they've always had that opportunity -- to go to the Off -Street Parking Authority and work out something with them. Now we're protecting the public; that they're not going to get the scam that's happening now. And, you know, I think this is fair as we could be, but we have to protect our public. We have a lot of people that are very law-abiding. They don't understand, when they get a ticket that looks like an official government ticket that it's saying that -- and from what I understand, they were sending these without even sending the first one. They were claiming that they didn't pay it, and that now they were late, so they owed a hundred plus dollars, or what have you. So this is not right, and this is truly an emergency ordinance that we should pass. Chair Russell: Thank you. Is there any further public comment on the item? Would anyone else like to speak? You've already spoken on this, correct? Oh, I'm sorry; you're speaking. Iforgot. (UNINTELLIGIBLE). Brenda Betancourt: It's okay. Chair Russell: Please. You're very welcome. Ms. Betancourt: I'm counting. I'm counting how many times I'm going to be able to -- because you're going to be able to add a minute to me, right? No? All right. Chair Russell: You get two minutes to address us right now on this issue. Ms. Betancourt: Okay. How to report lots that are doing it illegally? Who's going to enforce it? Because it's nice to have a lot of different resolutions, but how we going to be able to know this be enforced? And the reason I'm telling you this is because Shenandoah has suffered a lot with a lot that we have in 13 and -- I think it's 10, 9 or 10, by the (UNINTELLIGIBLE) Monument in 13. That lot doesn't have a sign. That lot doesn't have -- not even a mark that it say that it's a parking lot, and it's a restaurant in 6 -- in 4 --15 and 8th Street who use it as a overflow parking, but the lot doesn't have a sign; but if you go there at night, it's 50 cars, and somebody running back and forth with cars. So where do we report it? How it's going to be implemented? They actually -- the City, the Police, the Administration is actually willing to enforce while you guys are passing the law. Commissioner Carollo: Well, this is what I've gone through with these illegal -- Ms. Betancourt: I know. Commissioner Carollo: -- valet parking places. Commissioner Reyes: Yes. City of Miami Page 135 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Carollo: You have the Code Director back there that you could go to her, provide her the addresses. The location you're telling me, I haven't seen it before. The only -- if you said it's between 9 and 10th -- Ms. Betancourt: Its in 13th Avenue -- Commissioner Carollo: Yeah. Ms. Betancourt: -- and 9th, behind (UNINTELLIGIBLE), the other corner -- in the corner, the corner lot. Commissioner Reyes: Okay. Commissioner Carollo: (UNINTELLIGIBLE) -- Chair Russell: Thank you. Commissioner Carollo: -- I'll be looking at it, because I haven't seen it, and I go quite there often. Maybe -- Ms. Betancourt: At night. Commissioner Carollo: -- it's on weekends; I don't know. Ms. Betancourt: Before my two minutes run out, just to make sure -- because you see -- I just want to make sure that -- how are we going to be sure that the towing company are not going to take advantage of again? Because they are properties that -- for example, I live on a main street; people park in front of my house. And if I want to call the tow truck so they can come and move a car in front of my driveway, it's like I have to --- I think I'm better have a meeting with Trump before somebody show up, would actually do something for a car who's blocking a driveway. So I know the Police is short, and I know that we have a lot of things going on, but the rest of us, the citizen that doesn't commit crimes, we need service, too. Chair Russell: Thank you. Commissioner Reyes: Okay. Chair Russell: Commissioner Gort. Vice Chair Gort: Let me answer that. The -- all you have to do, in your driveway, you put a sign on your fence -- Ms. Betancourt: It is in there. Vice Chair Gort: -- "do not parking, " and then you can contract your own trucks. Ms. Betancourt: I already did, and the police -- Vice Chair Gort: Okay. Ms. Betancourt: -- told me the last time that they have to call them first, so if not, hey -- Vice Chair Gort: Well, no. That's the responsibility -- City of Miami Page 136 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Ms. Betancourt: -- I want a recording -- I want a copy of the recording to see if I can just go (UNINTELLIGIBLE). Vice Chair Gort: -- it's the responsibility of the person, the business that own the tow truck to report it to the police that they're picking the car up. Ms. Betancourt: Thank you. Chair Russell: Thank you very much. Further public comment. Anthony De Yurre: Ah, yes. Anthony De Yurre, Bilzen Sumberg, 1450 Brickell Avenue. I'm here on behalf of City Parking. There are a number of operators that are contracted with Parking Management, and the concern is that there are applications that we have with the City; we're following a lawful process to have proper parking permits. I'm not sure exactly -- There are other operators out there that are -- I don't know what process they're following, so we're concerned about everybody being blanketed with the same predisposition to just prevent parking fees. We have -- and my understanding, staff was working on an ordinance, and I think that there have been multiple suggestions proffered on the dais. And so, since we're here on an emergency basis, I believe that both first and second reading are going to get truncated today, and it's going to take that out of the hands of staff, and I think that we want to allow the opportunity to take advantage of the comments and suggestions were made by Mr. Carollo -- Commissioner Carollo, Commissioner Reyes, and Commissioner Gort. There is legislation from California that is a model legislation that our clients follow across the United States. And then lastly, this would be the only municipality in the United States that would be implementing a "No Ticket Policy, " which would force us to tow, and we don't want to tow; and in fact, our clients don't want us to tow. And we would prefer that the City create legislation in place with the same safeguards that there are in place for towing. Again, we don't want to tow. We would prefer the ticket. Because the situation -- Commissioner Carollo: Well -- Mr. De Yurre: -- as the other speaker stated, is the worst-case scenario, where you get towed, and there are many people that just can't afford to have the tow. The car is gone; they can't get it out, as opposed to having a safeguard. Chair Russell: Thank you. Commissioner Reyes: Mr. Chairman? Chair Russell: You have a question for the speaker? Commissioner Reyes: Yes, I have a question for him. Mr. De Yurre: Yes, Commissioner Reyes. Commissioner Reyes: Its a very short question. You -- I mean, you were using Parking Management, right? Mr. De Yurre: That is -- Commissioner Reyes: They are the ones that were giving the tickets? Mr. De Yurre: That is correct. (UNINTELLIGIBLE). Commissioner Reyes: Did they have a BTR (Business Tax Receipt)? City of Miami Page 137 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Mr. De Yurre: Does -- I don't have an answer to that question for you, if they have - Commissioner Reyes: Because as -- my information that they were doing -- they were -- I mean, they were placing tickets in everybody that was -- I mean, the time was expired just for seconds, and -- but they didn't have a BTR. I mean, how can you hire somebody that doesn't have a BTR? Mr. De Yurre: And the instance such as this, in other municipalities --for example, Coral Gables -- these issues have come up. Various -- different versions of these issues have come up. We've changed tickets, we changed the language in the tickets, and we've been -- made changes that are satisfactory to every municipality. And all we do is we ask for that same opportunity to do that and create regulation that works. In Coral Gables we created a different ticket, a different color; we changed the language. We put safeguards in place; very much in the grace period. Commissioner Reyes: Another question: Were they in the booting business before? Mr. De Yurre: We don't boot. Commissioner Reyes: But Parking Management, they were in the booting system? Mr. De Yurre: I can't speak if Parking Management, but -- Commissioner Reyes: No, because I have information; they lost their license and all of that. But I want -- if you're going to hire somebody to do business -- I mean, to place tickets, you should at least find out who they were, why they are in a different type of business, and if they have a BTR or not. Mr. De Yurre: Okay. Commissioner Reyes: Because -- I mean, that is -- doesn't look good. Mr. De Yurre: I will absolutely pull that information for you, Commissioner. And if given the opportunity again to work with staff, work on this legislation -- In the City of Coral Gables, for example, again, we were able to solve the issue; in particular, we don't boot. We've never booted in the time that I represented this entity. And one final comment to Commissioner Hardemon in the comments about revenue. There is a revenue that goes to the City from every single one of these violations, and I believe it's approximately $15. And we are used -- our company, City Parking, is used as the model for investigations that a city's conducting to other operators on whether or not they are giving the $15 that's due to the City or not; our company has, always will, and that is a revenue source for the City. Commissioner Hardemon: So are you saying that you're the one that give the tickets that's created this emergency ordinance? Mr. De Yurre: There are multiple operators that have -- that lease the properties. These are usually properties that are owned by real estate developers, and they're just not developing; the properties actually sit there. So we go in, we maintain, we comply with all the City requirements, bring the properties up to Code, and operate them as parking lots. Commissioner Hardemon: So I get that. But the question I have is for our City Attorney's Office. Is there anyone else, besides MPA, that's allowed to issue tickets in the City of Miami -- City of Miami Page 138 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Carollo: No. Commissioner Hardemon: -- legally? Commissioner Carollo: No. Absolutely not. And -- Chair Russell: For the City Attorney. Commissioner Carollo: -- you know, what I've seen here so far is a lot of wolves in sheep's clothing. Now, your firm, is it a foreign corporation in Florida? Mr. De Yurre: Bilzen Sumberg? Commissioner Carollo: No, no, no, no, no. I'm saying the -- Chair Russell: Client. Commissioner Carollo: -- parking firm that you are representing. Mr. De Yurre: City Parking. No, City Parking is here in the State of Florida. Commissioner Carollo: Right, but aren't they a foreign corporation from Georgia that opened up in Florida? Mr. De Yurre: No. They're a Florida Corporation; City Parking is. Commissioner Carollo: Okay. Strictly Florida Corporation. Commissioner Hardemon: Are they owned by another entity? Mr. De Yurre: No. Commissioner Carollo: Okay. Commissioner Reyes: Well, where's -- the main office is in Georgia, right? Mr. De Yurre: No. Commissioner Reyes: I mean, the -- Commissioner Carollo: That's Professional. Mr. De Yurre: City Parking is in Tampa, Florida. Commissioner Carollo: Yeah. Professional is the one from Georgia. Commissioner Reyes: Okay. Commissioner Carollo: Now, what you've asked for we've done. We've amended the ordinance so that if any of these lot operators want to enforce parking so nobody gets towed away or booted or, you know, hell might fall upon them if we do away with this, all they got to do is contract, like they could have done before -- now it's even more official -- with Miami Off -Street Parking Authority. That's the City's parking agency. They're honest. We could trust them in the tickets they issue. They're not going to be issuing people tickets after the fact; that they were never mailed, and then they send them a hundred plus dollars, and all these games. So whatyou've askedfor, we've done -- City of Miami Page 139 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Mr. De Yurre: Thank you. Commissioner Carollo: -- in this ordinance. Chair Russell: For clarification, I'd like to recognize the Miami Parking Authority. Art Noriega: So since I wasn't here for that aspect of the conversation -- Chair Russell: Your name? Mr. Noriega: Art Noriega, Miami Parking Authority. Chair Russell: Thank you. Mr. Noriega: I am -- by law, by statute, we're not -- we are prohibited from writing a ticket on private property. I can't go onto their property and write a ticket. Chair Russell: Unless you have a lease agreement with them? Mr. Noriega: No. Even with a lease agreement, I can't go on privately -owned property. I can only go on municipal property, privately held -- you know, property we own or the City owns -- and write a ticket. I can't legally write a ticket on private property; prohibited. Chair Russell: Understood. So -- but this -- Mr. Noriega: But I've tried. I've tried to work up, you know -- Chair Russell: -- legislation would preclude them from being able to write tickets on their private property? Commissioner Carollo: Yes. Mr. Noriega: Correct, yeah. Chair Russell: That includes -- Commissioner Carollo: How were you doing it once before? There was a lot on 16th Avenue and 7th Street Southwest, that you had some years back -- I think before I got elected -- Mr. Noriega: Yeah. Commissioner Carollo: -- how were you handling that? Mr. Noriega: So property we've owned -- right? -- or where we may have a long- term lease on, we certainly can. Commissioner Carollo: Okay. Mr. Noriega: --but in this particular case, what you're proposing is that we go to a property that is owned by somebody else, of which we don't have site control over, we can't issue -- Chair Russell: Okay. I just heard two different -- Commissioner Carollo: (UNINTELLIGIBLE) ifI can give you -- City of Miami Page 140 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: Just a moment, please. Commissioner Carollo: Yeah. Chair Russell: I --just to clarify. I asked you specifically if you have a lease with them, you can do it, and you said, "No. " Mr. Noriega: If it's a long-term lease, yes -- Chair Russell: Okay. So -- Mr. Noriega: -- and we have site control. We're not just managing the property, or we -- it had -- we'd have to have total site control over the project. In other words, we'd have to take the project from them and have it under a long-term or (UNINTELLIGIBLE). Commissioner Carollo: What is -- Chair Russell: Commissioner. Commissioner Carollo: -- long term? Mr. Noriega: I would -- Commissioner Carollo: I mean, about three years? Mr. Noriega: --I mean, I --five years probably would be minimally acceptable. Chair Russell: So -- Mr. Noriega: Like in other words, we can't -- it can't be a management agreement, in other words. Commissioner Carollo: Yeah. Mr. Noriega: That would prohibit us from writing a ticket. Commissioner Carollo: But there could be provisions -- Mr. Noriega: Yeah. Commissioner Carollo: -- and it could be broken, if need be, for `X" amount of reasons, so -- Mr. Noriega: Yeah. Commissioner Carollo: You know, I think the motion that was made by -- or should I say, the amendment that was made -- stands firm. They could still contact you, enter into a three- to five-year lease, and go forward with that. But what we can't have is this situation that people are getting these tickets; that they're told that they hadn't paid them, so now it's a hundred plus dollars, when they never even saw the original one before. Chair Russell: All right. Is there--? City of Miami Page 141 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Carollo: And maybe the solution is that all these places need to charge a flat rate. If they're going to be there half a day, so much; if they're going to be there a full day, so much, and that kind of resolves the whole situation for that. Chair Russell: Just charged to be there, but not a violation. Commissioner Carollo: Yeah. Chair Russell: We're going to finish up with public comment, please, and then we can finalize our discussion and make a vote. So would you --? Commissioner Carollo: Yeah. Mr. Noriega: With the 12 seconds I have left -- Commissioner Carollo: He's done. He's got nothing left. Chair Russell: He's got 12 seconds left. Commissioner Carollo: From where? Chair Russell: I'm recognizing him. Mr. De Yurre: With the 12 seconds I have left, I'll just say, please don 't force a tow. Believe me, all these scenarios you discussed have been resolved with every municipality we've worked with in the past. We'll be the only municipality in the country that does this. The tow will be much worse. Thankyou very much. Chair Russell: Thank you very much. Next speaker, please. Commissioner Carollo: Those are scare tactics. Chair Russell: Just a moment. He was -- Thom Mozloom: Hi. My name is Thom Mozloom. I live at 725 Northeast 75th Street. That is your district, Commissioner Hardemon. Gentlemen, this feels like a rush job to me. This feels unnecessarily hasty. Commissioner Russell, I really appreciated your comments earlier that we make legislation better as we discuss it. Doing this as an emergency, and first and second reading, and no more after that, I would encourage you guys to slow down. There seems to be a lot of things you haven't thought through, like the lady who spoke earlier, whose car she's worried is going to get towed. It doesn't sound like you have an option to that. The Parking Authority just stood up and said, "No, we can't write a ticket there, " so there are no other options. I don't know what else you haven't thought of in doing this, but you really ought to maybe slow down a little bit. Maybe it's not such an emergency. Maybe this has been going on for a while, and it's bad, and people shouldn't be getting tickets, and all that other stuff, and running up the charges, but perhaps you should take a moderate approach that is thoughtful and methodical, and do it right rather than doing it quick. My gut feeling, after hearing everybody speak on this, is you guys are about to walk into a land mine. This is going to open up a can of worms all over the place, and none of you, nor do I, nor does anybody here, know what those -- that can of worms is. So before you rush into this, I would ask you guys to slow down, think through it, get some experts at the table, talk to the guy who was here before from the Parking people. Sounds like they want to work with you, but you probably shouldn't do something that's going to result tomorrow in having people's cars towed. City of Miami Page 142 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Carollo: So your suggestion is -- Chair Russell: Thank you. Do you -- I'm sorry -- represent any company in this issue? Mr. Mozloom: I represent my company, the `11I Network. " We're an advertising agency. Chair Russell: Its an advertising agency? Mr. Mozloom: Yes. Chair Russell: And how is that related to the parking industry? Mr. Mozloom: Its not. I'm here for different reasons. I just -- Chair Russell: Okay. I just wanted to clam if you were registered on this issue for (UNINTELLIGIBLE). Mr. Mozloom: No, no, no, no, no. no. Chair Russell: Okay. Thank you. Vice Chair Gort: But (UNINTELLIGIBLE). Commissioner Carollo: Do you have any -- Chair Russell: Commissioner Carollo, you have a question for him? Commissioner Hardemon: A private lot -- Chair Russell: Commissioner Hardemon. Commissioner Hardemon: --person does not have to tow. I mean, say, for instance, you owned a lot, right? We're making these facts up. Mr. Mozloom: Right. Commissioner Hardemon: You own a lot. Someone chooses to pay you to park on your lot. They pay you, and they overstay for five minutes. You, as a lot owner, can choose to tow. That's a choice that you make. You could also choose not to tow. This will also give you the option of choosing to allow ticketing; we just want it to be within the law. And so -- Mr. Mozloom: Yeah. I think you should fix this. Commissioner Hardemon: Apparently -- Mr. Mozloom: I think you should fix the (UNINTELLIGIBLE). Vice Chair Gort: Excuse me. Commissioner Hardemon: -- there's an industry that is growing here, but it's growing in a nefarious way that usurps the law. And so, we want to establish what the law should be, and then allow those private lot owners to do business, or to do what they want to do, which is not allow towing. And to not allow towing, then they can contract with the MPA. City of Miami Page 143 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Mr. Mozloom: Yeah, I get it, but it doesn't sound like you have that alternative to ticketing yet, and that's all I'm saying. Maybe you should have that -- Chair Russell: Thank you. Mr. Mozloom: --before you do something else. Chair Russell: Understood. Thank you. Commissioner Carollo: Well -- Mr. Mozloom: Thank you. Chair Russell: Commissioner Carollo. Commissioner Carollo: --for the record, we did discuss this at the last Commission meeting. Everyone was put on notice that we were bringing this on first and second reading. Everyone on this dais agreed to it. And I think that we even have the Mayor that is in agreement with it, too. I mean -- Chair Russell: Let's -- Thankyou. Commissioner Carollo: -- everyone's in agreement. Are you in agreement with it, Colonel? Okay. Chair Russell: All right. Let's conclude public comment, please. Erika Carrillo: Okay. Hello. Good morning. Good afternoon. My name is Erika Carrillo. I'm a TV (television) reporter from Univision 23. I was the reporter who was investigating the cases, because we start receiving a lot, many complaints from residents receiving those tickets. There were two representatives from City Parking, Inc., and City Parking, Inc. is the owner of the private parking lots, but they're not the company issuing the tickets. They let a company called Professional Parking Management to issue those tickets. When I came to the City, I discovered that this company, Professional Parking City, never have a BTR from the Miami City, never have any license, any permit. I don't know if City Parking did their job to investigate this company, because they were letting this company operate inside their private lots. Not does that. Professional Parking Management is a company registered in Georgia; was dissolved in 2015. The owner are waiting for a trial, because they have a pending case for fraud against City of Miami. When I was investigating this company, Professional Parking Management, I found that they have several owners, several registered agents living in Georgia. They have a P.O. (Post Office) box. This company issuing the tickets against the residents. They -- I never found out an ojfice. They just have a P.O. box in Broward. They are work -- I don't know who is the owner. I would like to ask to City Parking, Inc., who is the owner of that company issuing the tickets? Because at this time, nobody knows who is the owner of the company issuing the tickets. Where is at -- their ojfice is located at? Because nobody knows. They don't have an office. So our concern as media outlet was why a company, City Parking, is letting Professional Parking Management issue tickets without a permit from the City -- Chair Russell: Thank you. Ms. Carrillo: -- without a BTR, without a office, without an owner? We don't know who is the owner of that company. Chair Russell: Thank you very much. City of Miami Page 144 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Ms. Carrillo: That was our -- Commissioner Carollo: Well -- Ms. Carrillo: -- main concern, and that is -- Chair Russell: Thank you. Ms. Carrillo: -- why I want to clarify, because I know you Commissioners have several questions -- Chair Russell: Thank you. Ms. Carrillo: -- regarding that. Chair Russell: Commissioner Gort, did you want to say something? Vice Chair Gort: Yeah. One of the biggest problem we have right now are people want to save money, so most of this surface lot, they don't have attendants. They have machines, where you go and you put the money in there. And then, if you would have attendants and use your tickets, it would be different, because then the person will pay according to the time that is there. Now what happens is, whoever has a surf parking within the City of Miami, there are certain rules and criteria that we put on it. There should be signs on every one of them, telling what the procedure is. At the same time, if there -- they got grace period of about 20 to 30 minutes. That's an existing ordinance right now. Maybe it's not being enforced. Maybe we got to make sure that we get someone -- because (UNINTELLIGIBLE) paying surcharge, and we have somebody doing the audit of each one of those parking facility. So we got to make sure that they're working according to the ordinance that already was passed six months ago. Chair Russell: Thank you. Commissioner Car -- Commissioner Carollo: Well -- Ms. Carrillo: Commissioner, I can mention something about that? We couldn'tfind not one sign telling the residents they were receiving or they were getting a ticket -- Chair Russell: Thank you. Ms. Carrillo: -- of $45 in those parking lots. Commissioner Carollo: Well -- Chair Russell: Thank you very much. Commissioner Carollo: --for -- Ms. Carrillo: Not one sign. Commissioner Carollo: -- the record -- Chair Russell: Commissioner Carollo. Commissioner Carollo: -- I guess these good ole Georgia boys and gals have found easy picking down here. They started with booting; that they were predators on booting; didn't pay the City. Thanks to investigative work by Univision and this City of Miami Page 145 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 reporter, the State Attorney's Office came in and they arrested them. So now they got a new gig. It's putting the tickets that make it appear that they're the Off -Street Parking Authority of the City ofMiami. But besides not having a BTR, that it's -- it is an arrestable reason for someone that's in business like that, but beyond that, if you're registered in Florida as a foreign corporation, which means any corporation that's not a Florida corporation, whether outside of the country or in another state, Florida list this as a foreign corporation. If you're registered as a foreign corporation in Georgia, and it's been dissolved for numerous years -- you don't even have an address anymore -- I even question the fact if it's a legal entity operating in Florida, because once you claim you're a foreign corporation, then -- and you're not, because you've been dissolved, you have to change everything that you have in your Florida corporation that you opened up as a foreign corporation, an entity of that foreign corporation. So it seems to me -- and you're the attorney, but, you know, we have a real City Attorney that we're going to go by -- that they're not even a real entity that is allowed to operate in Florida. Chair Russell: All right. Commissioner Carollo: Madam City Attorney, what say you? Chair Russell: Please, we're still on public comment for this item. We're not yet to the discussion portion for ourselves. I'd love to really finish public comment, and then we can finalize our discussion, ask any questions we have, and then we'll vote. Hello, Mr. Book. Ronald L. Book: Mr. Chairman, members of the Commission, Madam City Attorney, Mr. City Manager. Ron Book, for the record; 18851 Northeast 29th Avenue, Suite 1010, Aventura, Florida 33180, representing City Parking. What you've just listened to is a bunch of hearsay, inaccurate statements. They're wrong. Her statements are right on the corner of libelous, inflammatory, and slanderous, and the reporter was shown the company's local business license this morning. She's chosen conveniently to stand in front of you and not discuss that, and discuss that she couldn't find one. Let's just be clear about one thing: Towing, which is about what you're going to walk the City completely into -- you're about to assure that the towing cartel that exists out there will be the only form of relief that any of these private building owners with parking lots and the surface lots have. Now I don't know about everybody else, but I can tell you that I've parked in your other building's parking lot across the street. And like Commissioner Gort has said, three years ago, when I got towed the first time, there was virtually no signage. Now they've got small signs up, because some of us raised a lot of Cain. My car was towed again from there a second time for overtime parking. What's going to happen is, you've done away with the booting business basically completely. You're now going to take and tell private business owners that own their property, that allow people to park on itfor a fee, that they can't do what they're doing. Where you were moving as a Commission was to regulate the industry. We would urge that you do that. This is a practice that is used in cities throughout this State and throughout the country. You'll be the only community to say it's not an option; basically leaving your residents and visitors to pay a towing charge double, triple, quadruple what this process costs. You want to regulate. You want to create a regulatory scheme that creates a comfort level, Commissioners, Mr. Chair. We are prepared -- as I have encouraged Commissioner Carollo today, yesterday, we were prepared to sit and work through an ordinance similar to the California statute that does exactly what I'm describing; creates a regulatory scheme. The public should know what their options are and should have that opportunity, and not be forced to go to dark tow lots inconveniently for twice or three times what this process calls for. Chair Russell: Thank you very much. Is there any further public comment? City of Miami Page 146 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Hardemon: Who -- Chair Russell: Commissioner Hardemon. Commissioner Hardemon: -- does he represent? Chair Russell: City -- I'm sorry. The -- Mr. Book: Park. Chair Russell: -- City Park. And -- Commissioner Hardemon: You do not represent the other entity that was named on the record? Mr. Book: There are apparently a number of others out there, companies. I represent a singular provider. Commissioner Hardemon: No, because the statement that you made on the record was that the reporter conveniently left out this BTR. And so, my question to you is, she described, as I remember, the BTR of that -- Commissioner Carollo: Professional -- Commissioner Hardemon: --Professional Management something. Commissioner Carollo: Yeah. Commissioner Hardemon: Is that the BTR -- Commissioner Carollo: Professional Parking. Commissioner Hardemon: -- that you were referring to? Mr. Book: The BTR that I'm referring to is that, which is the entity that issues the citations to the individuals. Commissioner Hardemon: Okay. Commissioner Carollo: So that's Professional Parking? Commissioner Hardemon: Got it. So -- Chair Russell: Just a minute. One at a time, please. Commissioner Hardemon: But you do not represent that entity? Mr. Book: That is -- entity is contracted with -- by City Parking. Commissioner Hardemon: Okay. So -- but you 're -- Mr. Book: Through the Chair, I apologize. Chair Russell: Thank you. Commissioner Hardemon: No, butyou're in -- you have contact with that entity? City of Miami Page 147 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Mr. Book: I do, sir. Well, I've not -- Mr. Chairman, through you. Chair Russell: Yes. Mr. Book: I have not had any conversations with the entity that issues the citations, Commissioner. Chair Russell: Thank you. Mr. Book -- Mr. Book: Yes, Mr. Chair. Chair Russell: --just so I understand, though, when your client contracts with them, every ticket that's written on their property, they get a portion of that fee; is that how it works? Vice Chair Gort: Of course. Mr. Book: I believe they pay a flat fee to the company to -- Chair Russell: Operate. Mr. Book: -- handle the management. No, it -- they're the -- they have the contrac -- City Parking has the contractual relationship with the property owners. Chair Russell: Yes. Mr. Book: They contract; and for that, they pay a fee to those buildings or to the lot owner. Commissioner Carollo: That wasn't the question. Chair Russell: No. My question is about -- Mr. Book: I'm sorry. Chair Russell: -- the subcontractor that's issuing the ticket. Do they share a portion of the ticket -- Mr. Book: That is not my under -- Chair Russell: --the (UNINTELLIGIBLE) ? Mr. Book: Mr. Chairman, I apologize. That is not my understanding of how their business operation works. Chair Russell: Understood Thank you very much. Commissioner Hardemon: Which -- I'll -- Chair Russell: Commissioner Hardemon. Commissioner Hardemon: -- remind you, does not mean that that is not what happens. It not being his understanding is just -- Mr. Book: No. Mr. Chairman, what I would say to you is, because -- Chair Russell: I'll get the translator. City of Miami Page 148 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Mr. Book: -- I am certainly prepared to sit down with the City Administration, Commissioner, and walk them through it, and open up their agreements, and let them see how it operates. We're not afraid to operate in the sunshine. We're not afraid of regulation, which we understood the City was moving towards preparing. Again, we have -- we pulled the California statute, because we thought it was the tightest -- Commissioner Carollo: There you go again -- Mr. Book: -- regulatory scheme. Commissioner Carollo: -- mentioning California. Mr. Book: Pardon me? Commissioner Carollo: There you go again -- Chair Russell: All right. Commissioner Carollo: -- mentioning California. Mr. Book: I don't want to be like California, but at least, Commissioner, it was a tight regulatory scheme that gave you a good starting framework. Chair Russell: Thank you. Commissioner Gort. Vice Chair Gort: No. Once again, I want to make sure that every lot within the City of Miami, we have to check it, because according to the ordinance that we passed about six months ago, they got to have signs. And now, since they don't do booting now, they have to have sign that says, "You'll be issued a ticket. " Chair Russell: No, they could do booting. Vice Chair Gort: Oh, they can do booting, but -- Chair Russell: They can't issue a ticket. Vice Chair Gort: -- they can't issue ticket, but they can do the booting, but -- Chair Russell: Correct. Vice Chair Gort: -- they don't do the booting for some reason. So I want to make sure that certain criteria they have to follow in each lot. Commissioner Carollo: Yeah. Vice Chair Gort: So I want to make sure that that gets done. Commissioner Carollo: That is in the ordinance -- Chair Russell: Thank you. Commissioner Carollo: -- we had before. All right, call the question. Chair Russell: Is there --no, we cannot. Is there any further public comment on this issue? All right. I'm now closing public comment. Is there any further discussion from the dais? Hearing none, all in favor -- City of Miami Page 149 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Todd B. Hannon (City Clerk): Chair, Chair, Chair -- Chair Russell: We need it read -- Mr. Hannon: -- (UNINTELLIGIBLE) title. Chair Russell: -- in the record. Mr. Hannon: And then there needs to be two votes. Commissioner Carollo: Yeah. Its got to be -- yeah, it's got to be read. Chair Russell: Correct. Please read it into the record, Madam City Attorney. Ms. Mendez: I just wanted to confirm that the only amendment is the one exempting the educational institutions? Commissioner Carollo: And that they can lease through Off -Street Parking Authority. Chair Russell: Miami -- MPA. Commissioner Carollo: MPA. Chair Russell: Whereas this does not preclude them from -- Commissioner Carollo: Yeah. Chair Russell: -- contracting with MPA -- Commissioner Carollo: Yeah. Chair Russell: -- under our current regulations. Ms. Mendez: Okay. Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: Yes. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: I'm going to read it again. An emergency ordinance" -- oh -- actually, vote -- I'm sorry -- on that one. Chair Russell: Can we vote, and -- Ms. Mendez: Yes. Sorry. Chair Russell: -- then we read it again? All right. Thank you. Ms. Mendez: Thank you. Chair Russell: Roll call vote, please. Commissioner Reyes: Yes, sir. City of Miami Page 150 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Vice Chair Gort: No, you can (UNINTELLIGIBLE). Chair Russell: No, that's all right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes unanimously. Commissioner Carollo: Second reading. Chair Russell: Second reading. Ms. Mendez: And second reading. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: As amended. Chair Russell: Thank you. All in favor, say "aye. " Mr. Hannon: Is there a motion? Chair Russell: Oh, you need a motion on the -- Vice Chair Gort: Move it. Commissioner Carollo: There's a motion. Vice Chair Gort: Second. Chair Russell: There's been a motion by Commissioner Gort; seconded by Commissioner Carollo. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Commissioner Reyes: No. Chair Russell: Motion passes. END OF EMERGENCY ORDINANCE City of Miami Page 151 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 AMI&IElsie] kiIall NE _1 a]Iki[eye]Na]Iki/_1►[N4 SRA ORDINANCE Second Reading 5749 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING MOVER: CHAPTER 56, ARTICLE V/SECTION 56-113 OF THE CODE OF Commissioners THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), and Mayor TITLED "TAXATION/AD VALOREM TAX EXEMPTION FOR ABSENT: ENTERPRISE ZONE BUSINESSES/ELIGIBILITY REQUIREMENTS," BY AMENDING THE ADMINISTRATIVE PROVISIONS OF THE AD VALOREM TAX EXEMPTION PROGRAM, TO SET FORTH THE CIRCUMSTANCES IN WHICH A BUSINESS SITED IN AN EXISTING ENTERPRISE ZONE IS DEEMED TO HAVE BEEN GRANTED THE CITY OF MIAMI'S CURRENTLY EXISTING AD VALOREM TAX EXEMPTION, FOR THE SOLE PURPOSE OF QUALIFYING FOR MIAMI-DADE COUNTY'S ENTERPRISE ZONE EXEMPTION FOR WATER AND SEWER CONNECTION CHARGES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: 13841 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Chair Russell: All right. So all we have left are ordinances; SR. 1. Is there a motion on SR. 1 ? This is the -- Commissioner Hardemon: So moved. Chair Russell: -- WASA (Water and Sewer Administration) ad valorem tax exemption. Thank you very much. The Chair will second that gladly. And can we read that item into the record, please, SR.1 ? The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Commissioner, may I co-sponsor this item with you? It means a lot to me, as well. I appreciate you bringing it forth. Commissioner Hardemon: Everybody can co-sponsor. Chair Russell: I know. I just want to be polite. Vice Chair Gort: The more, the better. Chair Russell: Please note me as a co-sponsor on this item. Vice Chair Gort: The more, the better. Commissioner Hardemon: Yes. City of Miami Page 152 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: All right. Any further discussion on SR. 1 ? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on SR. 1. END OF SECOND READING ORDINANCE City of Miami Page 153 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Ia:MaIZ&l9NN0911►[eye]N911►/e1►[M4 FRA ORDINANCE First Reading 5830 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Commissioners AS AMENDED, TITLED "SUBDIVISION REGULATIONS," MORE and Mayor PARTICULARLY BY AMENDING SECTION 55-8, TITLED "SAME— SAME—FINAL PLAT," SECTION 55-15, TITLED "VACATION AND CLOSURE OF RIGHTS-OF-WAY, PLATTED EASEMENTS, AND EMERGENCY ACCESS EASEMENTS BY PLAT," AND SECTION 55-16, TITLED "CONSIDERATION OF EASEMENTS AND ALLEYS WHEN ALLEGED TO BE ABANDONED AS A MATTER OF LAW," TO ESTABLISH A LIMITED EXEMPTION TO THE REQUIREMENT FOR REPAYMENT OF FUNDS FOR VACATED RIGHTS-OF-WAY IMPROVED WITH CITY OF MIAMI FUNDS FOR NON -REVENUE GENERATING GOVERNMENT-OWNED PROPERTIES USED SOLELY BY SAID NON -REVENUE GENERATING GOVERNMENTAL AGENCY AND BEING UTILIZED SOLELY FOR A PUBLIC PURPOSE AND REQUIRING A PLAT AND A REQUIRED DEED RESTRICTION WITH AN AUTOMATIC REVERTER TO BE SHOWN ON ANY SUCH FINAL PLAT CONTAINING A VACATED AND CLOSED RIGHT-OF-WAY TO BE INCORPORATED INTO NON -REVENUE GENERATING GOVERNMENT-OWNED PROPERTY BEING UTILIZED FOR A PUBLIC PURPOSE TO ENSURE REPAYMENT OF SUCH FUNDS SHOULD THE PROPERTY CEASE TO BE USED SOLELY FOR SUCH PUBLIC PURPOSE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Chair Russell: Moving to the first reading ordinances, FR.1. Is there a motion on FR. 1 ? This is the subdivision regulations in Chapter 55. Vice Chair Gort: Wasn't F1 [sic] --? I think that was deferred, wasn't it? Chair Russell: FR.1 has -- FR.2 has been deferred; FR.1 is still before its. Vice Chair Gort: Finalplat; move it. Chair Russell: Do you want to clam which one it is? Would you like the -- Vice Chair Gort: This is final -- Chair Russell: -- Administration to present it? Vice Chair Gort: --plat. Citv ofMiarni Page 154 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Commissioner Hardemon: Present it. (UNINTELLIGIBLE) final plat one. Chair Russell: Actually, FR.1 is -- Commissioner Hardemon: FR.1 is an amendment to the Code. Chair Russell: Yes. That's right. Vice Chair Gort: No. Wait a minute. FR.1, we don't have (UNINTELLIGIBLE) sponsored by Manolo. Chair Russell: This was Commissioner -- Vice Chair Gort: Commissioner Reyes. Chair Russell: -- Reyes' item. Was he sponsoring this for the Administration? Is this an Administration item? Vice Chair Gort: This is a plat for downtown Miami for the courthouse that the County is asking (UNINTELLIGIBLE). Unidentified Speaker: The courthouse, yes, that's correct. Vice Chair Gort: Yes. I move it. Chair Russell: This is FR.1 ? Vice Chair Gort: Yes. Chair Russell: Its been moved by Vice Chairman -- Commissioner Hardemon: Seconded by me. Chair Russell: -- seconded by Commissioner Hardemon. Juvenal? Juvenal Santana: Good afternoon. Juvenal Santana, Deputy Director, Department of Resilience and Public Works. FR.1 is an amendment to chap -- this is a first reading for Chapter 55, Section 8, with regards to establishing an exemption to the requirements for repayment of funds for vacating right-of-ways [sic] improved within the City. Chair Russell: Got it. Any further discussion from the dais? Hearing none, all in favor, say "aye. " Todd B. Hannon (City Clerk): Chair, title. Chair Russell: I thought we had already read it. Yes, please. Please read the title. The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): I would have the Commissioners note that between first and second reading, there may be an amendment to say the timing of the plat may be any -- a recorded document may be done in the public records that reflects this, without having had to come back before Commission. So between first and second reading, there's going to be that amendment. City of Miami Page 155 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: Understood. Any further discussion from the dais? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. That's FR. 1. FR.2 ORDINANCE First Reading 5881 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 35/ARTICLE XIII OF THE CODE OF THE CITY OF and Mayor MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED ABSENT: PRIVATE PARKING LOTS; MORE PARTICULARLY BY REPEALING SECTION 35-290 OF THE CITY CODE, TITLED "COMPLIANCE WITH THE INTERIM PARKING IN CHAPTER 62, ARTICLE XIII, DIVISION 4," TO CLARIFY THAT THE USE OF CERTAIN PROPERTIES TO SUPPORT PARKING NEEDS WITHIN THE CITY OF MIAMI ON A TEMPORARY BASIS, WITH CERTAIN RESTRICTIONS, IS ALLOWED UNDER THE TEMPORARY PARKING PILOT PROGRAM PROVIDED FOR IN SECTION 62- 543(4) OF THE CITY CODE; DIRECTING THE CITY ADMINISTRATION TO UPDATE SECTION 62-543 OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Carollo, Hardemon ABSENT: Gort, Reyes Note for the Record. Item FR.2 was deferred to the June 13, 2019, Regular Commission Meeting. For minutes referencing Item FR.2, please see "Order of the Day. " END OF FIRST READING ORDINANCE City of Miami Page 156 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 :1llBit] AI BU.1 BUDGET DISCUSSION ITEM 4967 MONTHLY REPORT Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND Budget BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair Russell: Moving on to BU. 1, please. Hello, Chris. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management and Budget. This is the monthly budget report, co-sponsored by Commissioner Hardemon. We sent the report out earlier today. It is very similar to last month's report. Really, the major difference is that it incorporates the settlement that was agreed upon at the last Commission meeting with Flagstone Gardens, LLC (Limited Liability Company). Other than that, it is pretty much the same. We're tracking right around the same surplus, budget surplus. And we will be still looking at a deficit, because we have used prior year fund balance for the other settlements that have occurred already this year. We are proceeding with the budget for next year. We're looking at the first week of July releasing that. And I'll be happy to take any questions you have at this time. Chair Russell: Any questions for the Budget Director? Hearing none, Thank you very much, Mr. Rose. Mr. Rose: Thank you, Commissioners. Chair Russell: Well done. END OF BUDGET City of Miami Page 157 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 91a911;�d11*9101kiIkIA►yi1.1 D1.1 DISCUSSION ITEM 5840 A DISCUSSION REGARDING A PRESENTATION BY THE City Manager's CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES Office CONCERNING THEIR ANNUAL REPORTS: - PARKS AND RECREATION ADVISORY BOARD RESULT: DISCUSSED Chair Russell: Moving on now to Board and Committees, Annual Reports. Do we have anyone to present D1.1, please? Take (UNINTELLIGIBLE) Administration. Is anyone here to report on the Boards and Committees? We have DI.1 on the agenda. Joe Napoli (Deputy City Manager): It's the Parks. We're going to check to see, Commissioner. They weren't here last time either. Chair Russell: Okay. Mr. Napoli: Mr. Chairman. Chair Russell: Not at all. Which brings us to only two items in the Planning and Zoning agenda that are in Commissioner Carollo's district, as well as a four-fifths from the regular agenda that we cannot do without Commissioner Carollo, as well as one other item that he had asked for us to hold on. Commissioner Hardemon: What time is he (UNINTELLIGIBLE)? Chair Russell: He was expected back at 5:30 at the earliest, so we'll have a choice at that point of whether to adjourn and table -- I mean, defer these items, or take a break for an hour and see if he comes back. Commissioner Hardemon: Yeah. I'll (UNINTELLIGIBLE) -- I want to especially hear Commissioner Gort's item, because the young lady stepped before us to -- Vice Chair Gort: Yeah. Commissioner Hardemon: -- present on it. An hour and a half is quite along time. Vice Chair Gort: Well, we could be discussing -- this could be a sunshine meeting. Anything you guys want to discuss? Commissioner Hardemon: Anything else you want to talk about? Later... Chair Russell: Do we have any time estimate from Commissioner Carollo's office? Todd B. Hannon (City Clerk): I guess we could address D1. 1, and we're speaking with Commissioner Carollo's office right now. City of Miami Page 158 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Vice Chair Gort: We're getting close. (UNINTELLIGIBLE). Chair Russell: DL 1. Did we get a -- someone from Parks here, or Parks Committee? Mr. Napoli: No, they did not show up -- Chair Russell: Okay. So we will -- Mr. Napoli: -- Mr. Chairman. Chair Russell: -- let me wait and see what we're going to do with the whole remaining agenda then before I defer it. Mr. Napoli: It's not someone from Parks; it's from the board, and they did not show. Chair Russell: From the board of -- Mr. Napoli: Right. Commissioner Hardemon: Yeah, it's boards. Mr. Napoli: Right. Chair Russell: Thank you very much. All right. So all we have from Planning and Zoning is one remaining -- or two remaining companion items that are in Commissioner Carollo's district, so if the will of this board is here to wait, we will wait for the next hour and a half or so; otherwise, we can defer it to the next like meeting. D1.2 DISCUSSION ITEM 5490 A DISCUSSION REGARDING THE CITY MANAGER. Commissioners and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Carollo, Hardemon ABSENT: Gort, Reyes Note for the Record: Item DL2 was deferred to the June 13, 2019, Regular Commission Meeting. For minutes referencing Item DL2, please see "Order of the Day. " END OF DISCUSSION ITEMS City of Miami Page 159 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 COMMISSIONER, DISTRICT THREE JOE CAROLLO D3.1 DISCUSSION ITEM 5534 A DISCUSSION REGARDING CODE ENFORCEMENT. Commissioners and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Carollo, Hardemon ABSENT: Gort, Reyes Note for the Record. Item D3.1 was deferred to the June 13, 2019, Regular Commission Meeting. For minutes referencing Item D3.1, please see "Order of the Day. " END OF DISTRICT 3 City of Miami Page 160 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2: 00 PM PZ ORDER OF THE DAY Chair Russell: Barnaby, just for the sake of procedure, could you read the Planning and Zoning rules into the agenda -- I mean, into the record? Barnaby Min (Deputy City Attorney): Yes, sir. PZ (Planning and Zoning) items -- Chair Russell: Thank -- and then we're going to move to the order of the day for the entire agenda. Mr. Min: -- shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice, pursuant to Florida Statute Section 286.011(5) and Section 7.1.4.5 of the Miami 21 Zoning Code. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period, or any other designated time. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Staff will then briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and in the City Code, providing that the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendations they may have. All persons testifying must be sworn in. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. If any Commissioner thinks that documents supplied to the City Commission less than seven days before merit a continuance, the item may be continued by the City Commission. Thank you, Mr. Chairman. Chair Russell: Thank you. Later... Chair Russell: If we could pass the mike to Mr. Garcia for a moment? He's at the lectern. There we go. For the Planning and Zoning agenda, which is also open at City of Miami Page 161 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 this time, are there any items you'd like to see continued, withdrawn, or deferred? I'm sorry. Francisco Garcia: Yes, Mr. Chair. Thank you. Francisco Garcia, Director of Planning. I do have a number of requests for withdrawals and/or continuances. The first is PZ. 1. Item PZ. 1, I have received a notice of voluntary withdrawal from the attorney for the applicant, Mr. Javier Fernandez, so PZ.1 to be withdrawn. Items PZ.4 and PZ.S, the Administration is requesting that they be deferred to June 13. And I also have, pursuant to conversations with the appellant for -- in Item PZ.6, we are jointly requesting a continuance to the June 27 meeting of the Commission. Chair Russell: Is that enough time to find whatever consensus is necessary? Mr. Garcia: I believe so, sir. I think we're very close in terms of devising a strategy to move forward and bring the property into compliance; one month should suffice. Chair Russell: Okay. So that is a continuance of PZ.6? Mr. Garcia: Yes, sir. Chair Russell: All right. So that is PZ. 1, withdraw; PZ.4 and 5, defer; and PZ. 6, continue. Is there anything else that --? Mr. Garcia: That is correct, sir. That leaves us with Items PZ.2 and PZ.3, which are companion items, in District 3. Chair Russell: District 3 items. All right. Is there a motion to that effect -- Vice Chair Gort: Move it. Chair Russell: --for PZs.1, 4, 5, and 6? Its been -- Peter Ehrlich: Sir? Chair Russell: Yes. We'll open for public comment on the deferral. Let me just get a motion. There's a motion by the Vice Chairman; seconded by the Chair. Open for public comment on the deferral. Mr. Ehrlich: Thank you very much, Mr. Chair. Good afternoon. Peter Ehrlich. Miami address is 720 Northeast 69th Street. I'm here on PZ.6, the item that the Director just spoke about for the deferral. As a neighbor and a resident, and a board member of Bayside Homeowners, and also the MiMo (Miami Modern) Board, we support the deferral, but we'd also ask that the appellant be asked to remove the sign -- remove the illegal mural while they're discussing the future of the signs on the site with staff, if that would be at all possible. Thank you very much. Chair Russell: Thank you. Noted. Mariela Lopez De Albear: Hello, Commissioners. Mariela Lopez De Albear, 661 Northeast 68th Street. I support my neighbor. They're doing the deferred time for PZ.6; that they bring down the illegal mural and -- until further resolution is done and the final decision on this. I would greatly appreciate that. And I also have some letters in reference to this from my neighbors, which they were not able to be here due to work, and I would like them to be put in the record. Thank you. City of Miami Page 162 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Chair Russell: Thank you very much. With regard to the request that the mural be removed, it's my understanding -- and the Administration can help me here -- until this is ruled upon, we won't be acting upon the issue, correct? Because it's under appeal at this point. Mr. Garcia: That is correct. Chair Russell: Okay. Mr. Garcia: The subject matter of the appeal is still open -- Chair Russell: Yep. Mr. Garcia: -- and that will be properly taken up. Chair Russell: So you will see the mural for a little while longer, but the goal here is that rather than bringing them into noncompliant potential situation when they're working on coming to an agreement with the board and the neighborhood in the Minto District, we'd rather try to keep that in line from a time frame perspective, so they don't become uncompliant while we're trying to work out an agreement with them. So -- Ms. Lopez De Albear: Okay. So my understanding is that they're not being fined until June 26, until they come into compliance, when the final resolution is going to be done and their appeal; is that correct? Chair Russell: This is a procedural question that once an appeal is filed -- and maybe Barnaby or Francisco, or whoever would like to address that. The question is as to whether or not they're being fined on a daily basis when they're under appeal. Barnaby Min (Deputy City Attorney): I would have to defer to the Code Enforcement Department as far as what the status of that violation is. I'm unaware of any stay that would -- Chair Russell: Not so much in that one in particular, but in general. Ms. Lopez De Albear: In general. When they're -- Chair Russell: I'm sorry; I got it. Ms. Lopez De Albear: Sorry. Mr. Min: Then I would defer to the Department of Code Compliance. The way it works is that they issue a notice of violation to a property owner; they give them a period of time to come into compliance. If it does not come into compliance, they go to the Code Enforcement Board. The Board then can either require immediate compliance or give the property time to comply. Unfortunately, I don't know the status of that, so I would have to -- Chair Russell: Right. Mr. Min: -- defer to Code Compliance. Chair Russell: Is this when a Code violation or a HEP (Historic and Environmental Preservation) Board --? It is a Code violation. City of Miami Page 163 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Mr. Min: Yes, sir. Chair Russell: All right. So we'll get some clarification on that as soon as we've got it. Mr. Garcia: To the point -- to the question asked, I am advised that they have received a continuance from the Code Enforcement Board, which means that they are -- they have been granted time to bring the issue into compliance. Fines have not begun to toll. Chair Russell: Have or have not? Mr. Garcia: Have not. Chair Russell: Okay. Thank you. So you know what's going on. Ms. Lopez De Albear: So they're not? Chair Russell: They're not being fined, and they are not required to remove it until this board will make the decision. Is that what's holding it off.? Commissioner Hardemon: No. Chair Russell: Until this board rules on the appeal? Commissioner Hardemon: You said fines have not begin [sic] to toll -- Mr. Garcia: That is correct, sir. Commissioner Hardemon: -- which means that they are still being fined? Mr. Garcia: They are not being fined, sir. Commissioner Hardemon: I thought the tolling of fines was the stopping of fines. Mr. Garcia: I would yield to the Code Compliance Assistant Director. Lazaro Orta: Good afternoon. If I may, Lazaro Orta, Assistant Director of Code. They went -- the property appeared before the board, and they received an extension pending the outcome of the appeal through the Commission. Until that happens, the fine will not begin to accrue, because they are under an extension from the Code Enforcement Board. Ms. Lopez De Albear: Excuse me, but I saw it on video when the HEP Board met with PZ.6 -- well, it wasn't PZ.6 back then -- and they asked them to remove the mural, and then they appealed it to the City. They did not give them a continuance. They asked them to remove it. And then they said that they were going to appeal to the City. So that's not factual, what you just said. Mr. Garcia: We will take this in two steps. As pertains to the Historic and Environmental Preservation Board, you are correct in pointing out that their proposal to retain the mural was not approved. Ms. Lopez De Albear: Correct. Mr. Garcia: So that mural that exists there presently continues to be in violation. City of Miami Page 164 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Ms. Lopez De Albear: Correct. Mr. Garcia: So that is the portion that pertains to the HEP Board. Then the applicants have the ability to appeal the HEP Board's decision to this board, the Commission. That is going to happen shortly; likely, at the next available meeting. As pertains to the fine, or the Code violation itself, that was ruled upon by the Code Enforcement Board. And what the Code Enforcement Board did was while they found that the property was not in compliance, they also continued the item to provide them some period of time to bring it into compliance. We are presently within that period of time. Ms. Lopez De Albear: So while you're bringing it into compliance, you're in a freeze period of not having to pay the fines -- Mr. Garcia: Correct. Ms. Lopez De Albear: -- until the final decision is made, whether you're in compliance or not in compliance? Mr. Garcia: That's correct. Ms. Lopez De Albear: But my question is whether this Commission further down the line grants the mural to stay or not to stay, or whatever; the neon sign, not neon sign. In that whole period that they were not in compliance, does the City -- does the Code Enforcement recognize they were not in compliance during that time, whether or not it was a frozen period, but they were not in compliance? Commissioner Hardemon: They're still not in compliance. Ms. Lopez De Albear: Will they be fined for all that time once we meet again? That's my question. Mr. Min: Mr. Chairman, those are questions that are appropriate for the Code Enforcement Board, which is the sole authority that has the ability to fine the property. Chair Russell: Okay. Ms. Lopez De Albear: I couldn't hear. What did you say? Chair Russell: He said the Code Enforcement Board takes up those decisions. For our part, we're just dealing with the appeal itself. Ms. Lopez De Albear: Okay. Chair Russell: So it's not under our purview of whether or not they're being fined on a daily basis, so. Ms. Lopez De Albear: Okay. And just one more thing. So it's going to be heard again on the 26th? Is that the date that it's going to be heard? Commissioner Hardemon: June 27. Ms. Lopez De Albear: June 26? Commissioner Hardemon: June 27. City of Miami Page 165 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Ms. Lopez De Albear: Oh, June 27. Okay. In that time, will the Commission make a final decision, or are they going to appeal it again and buy more time? Commissioner Hardemon: They can't appeal it (UNINTELLIGIBLE). Chair Russell: We can't give you that answer at this point. We take that up at the time. Right now we believe -- and I -- and you heard me ask the Director if that's enough time to come to consensus, and he believes it is. Ms. Lopez De Albear: Okay. I just know, because I have neighbors that they're not granted these continuances the way this PZ.6 is being granted. Its kind of weird. Vice Chair Gort: Excuse me. I've been through this process in the Keys -- Ms. Lopez De Albear: Yes, sir. Yes. Vice Chair Gort: You always -- you can get fined or you can get -- receive a violation, but you have the right to go to the board and tell them, "Look, I have this violation. I was not aware of it, because it was done by someone else. I need time to take care of and fix this violation. " They can extend it and give you time, and that's the way it is. Ms. Lopez De Albear: No, no. I understand that, but what I'm saying -- Vice Chair Gort: On the 26th, according to the City of Miami, the way we behave here in the City of Miami, we can vote against it, but they can take us to court again. Okay? Ms. Lopez De Albear: Okay. Thank you so much -- Vice Chair Gort: Just for your knowledge. Ms. Lopez De Albear: -- for all your time, and I would like to have my three neighbors that couldn't be here be recorded on the record. Chair Russell: Of course. Ms. Lopez De Albear: Thank you, sirs. Thank you so much. Chair Russell: Thank you very much. All right. Is there --? Oh, we have a motion, and we have a second. Is there any further public comment on the deferrals? Hearing none, any further discussion from the dais? All in favor of the deferrals and withdrawals, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. City of Miami Page 166 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 PZ.1 ORDINANCE First Reading 3517 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING AYES: CLASSIFICATION FROM 76-8-L," URBAN CORE - LIMITED, TO 76- ABSENT: 12-L," URBAN CORE - LIMITED, OF APPROXIMATELY 0.55 ACRES (23,939 square feet) OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1136 NORTHWEST 8 AVENUE, 1146 NORTHWEST 8 AVENUE, 1145 NORTHWEST 11 STREET ROAD, AND 1157 NORTHWEST 11 STREET ROAD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. For minutes referencing Item PZ.1, please see "PZ Order of the Day. " PZ.2 ORDINANCE First Reading 4196 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. Item PZ.2 was continued to the June 27, 2019, Planning and Zoning Commission Meeting. For additional minutes referencing Item PZ.2, please see Item PH.4. Chair Russell: The remainder of the items we'll be deferring or continuing, so that would be on PH4, which is a four fifths; we'll defer to 6113; and PZ (Planning and City ofMian ni Page 167 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 Zoning) -- do you need separate motions for items that are in the regular agenda versus the Planning and Zoning agenda? And then PZ.2 and 3, we'll continue to 6/27. Can I get a motion to that effect? Commissioner Hardemon: So moved. Chair Russell: Its been moved by Commissioner Hardemon; seconded by the Chair. Any public comment on the deferrals? Hearing none, any --? Go ahead. Vice Chair Gort: I have a problem with my -- the -- somehow we're going to have to find out if we can get an extension for the -- for my item, because they need this funding to comply with the State regulations to have the generators in the facility; if not, they're going to be penalized and they're going to be fined. So there's no way he's going to come, right? Chair Russell: Which item is that, Commissioner? Oh, because it's a four-fifths, right. Yeah. This is the assistance to the elderly, and it's -- and certainly four-fifths not of those present, but of the body. You may. We have public comment. I'll open public comment back up on --for this deferral. Luisana Hung Salazar: Thank you. No, as Commissioner Gort was saying, the new emergency rule imposed by the Governor make us comply with the generator rule by May 31. We're kind of running against -- Chair Russell: June 31? Ms. Salazar: May 31. So that's the only thing. And, of course, as you know, we are at risk of losing our license, which it will cost us to have to look for placement for 350 low-income older adults; out of which, 54 are Alzheimer's and other related dementia diagnosis. Chair Russell: This would have been a good one to grab before lunch, as well. I apologize. I didn't realize the urgency. Ms. Salazar: Its okay, sir. I understand. Vice Chair Gort: This should have been done. Chair Russell: I didn't realize the urgency. I apologize. The message you got from Commissioner Carollo is that he's not coming back? Todd B. Hannon (City Clerk): I'm sorry; I didn't ask him that, sir. I was just checking to see what his intentions were with the remaining items. We can reach back out. Chair Russell: That'll be great. Its worth waiting, if we can. I mean -- but -- Vice Chair Gort: Its almost time. Chair Russell: We'll wait. Later... Chair Russell: If we remove PH. 4 from the current amendment -- the current motion and just do the deferral -- I mean -- sorry -- the continuance of PZ.2 and 3. Is that okay with you, Commissioner Hardemon? City of Miami Page 168 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Vice Chair Gort: Yes. Chair Russell: All right. So then on the -- on that particular continuance, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. PZ.3 ORDINANCE First Reading 4201 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM 75-0," URBAN CENTER TRANSECT - OPEN, TO 76-8-0," URBAN CORE TRANSECT - OPEN, FOR THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. Item PZ.3 was continued to the June 27, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.3, please see Item PZ.2 and Item PK4. City of Miami Page 169 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 PZA ORDINANCE Second Reading 4677 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE AYES: SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2 OF THE ABSENT: MIAMI 21 CODE, TITLED "DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE HOUSING; AMENDING ARTICLE 3, SECTION 3.15 OF THE MIAMI 21 CODE, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES INCLUDING A FLOOR LOT RATIO ("FLR") BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT (140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND TO CLARIFY LANGUAGE WITHIN THE ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. Item PZ.4 was deferred to the June 13, 2019, Regular Commission Meeting. For minutes referencing Item PZ.4, please see "PZ Order of the Day. " City ofMian ni Page 170 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 PZ.5 ORDINANCE First Reading 5310 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Commissioners OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"), MORE and Mayor- PZ SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE HOUSING; BY AMENDING ARTICLE 3, SECTION 3.15, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES, INCLUDING A FLOOR LOT RATIO ("FLR") BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS, PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT (140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND TO PERMIT AFFORDABLE AND ATTAINABLE MIXED -INCOME DEVELOPMENTS ABUTTING A T3 TRANSECT ZONE BY PROCESS OF EXCEPTION WITH CITY COMMISSION APPROVAL; TO CLARIFY LANGUAGE WITHIN MIAMI 21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. Item PZ.S was deferred to the June 13, 2019, Regular Commission Meeting. For minutes referencing Item PZ. S, please see "PZ Order of the Day. " City ofMian ni Page 171 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 PZ.6 RESOLUTION 5770 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of GRANTING/DENYING THE APPEAL FILED BY JOEY CANCEL Planning ("APPELLANT") AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL, PURSUANT TO SECTION 23- 6.2(b)(4) OF THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR AN AFTER -THE -FACT SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE PAINTING OF MURALS ON A NON-CONTRIBUTING PROPERTY LOCATED AT APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI, FLORIDA, WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD ("MIMO") HISTORIC DISTRICT WITH THE FOLIO NUMBER 0132180090010. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record. Item PZ.6 was continued to the June 27, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ. 6, please see "PZ Order of the Day. " END OF PLANNING AND ZONING ITEMS) City ofMian ni Page 172 Printed on 0712212019 City Commission Meeting Minutes May 23, 2019 NA - NON -AGENDA ITEMS) NAA DIRECTIVE 5985 DIRECTION BY COMMISSIONER REYES TO THE CITY Office of the City MANAGER TO ENSURE THAT NO CITY OF MIAMI FUNDS ARE Cierk USED FOR THE COCONUT GROVE PLAYHOUSE THEATER. RESULT: DISCUSSED Commissioner Reyes: I want to place a directive to the City Manager, if I may, that -- you see, we don't -- we won't place any funds on -- okay -- on the Coconut Grove Playhouse; that no funds from the City of Miami is going to go there. Emilio T. Gonzalez (City Manager): So you're directing -- Commissioner Carollo: There's a second to that. Commissioner Reyes: Yes, sir. Mr. Gonzalez: Okay. Yes, sir; noted. Commissioner Reyes: It's an ordinance, okay, that no -- ordinance or a resolution; whatever you want to call it. Commissioner Carollo: Resolution now. You could bring an ordinance back, if you -- Commissioner Reyes: That's right. A resolution that not a single penny is going to go there. There is a second? Commissioner Carollo: There's a second. Chair Russell: In order to -- we have a motion on the floor -- I'm sorry -- with regard to this, RE. 14. Commissioner Carollo: No. There's -- Commissioner Reyes: RE.4 [sic], okay -- Chair Russell: 14. Commissioner Reyes: -- we could take that later. Chair Russell: All right. Commissioner Reyes: Okay. City of Miami Page 173 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 NA.2 RESOLUTION 5962 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING ALL FUNDS AGREED TO OR AWARDED AS SANCTIONS, AFTER Commissioners and ATTORNEYS' FEES AND COSTS ("FUNDS"), IN THE CASES OF: Mayor THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK, AS TRUSTEE, VS JOSEPH BEHR, ET AL. CASE NUMBER CACE 11023871 DIV11, THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK, AS TRUSTEE, VS VICKY LEE GRUSBY, ET AL. CASE NUMBER CACE 11021448 DIV11, AND THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK, AS TRUSTEE, VS RICHARD VON HOUTMAN, ET AL. CASE NUMBER CACE 08031773 DIV11; ESTABLISHING A SPECIAL REVENUE ACCOUNT ENTITLED "AFFORDABLE HOUSING PROCEEDS FUND" IN ORDER TO RECEIVE THE FUNDS; DIRECTING THE CITY MANAGER TO DEVELOP A FRAMEWORK IN ORDER TO UTILIZE OR DISTRIBUTE THE FUNDS TO CREATE AFFORDABLE HOUSING THROUGHOUT THE CITY OF MIAMI AND THE STATE OF FLORIDA. ENACTMENT NUMBER: R-19-0195 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Chair Russell: While we do have a moment, gentlemen, I'd like to bring your attention to a pocket item that I handed out with the City Attorney at the very beginning of the morning; if I could present it to you, and I'm sure you may have some questions. There -- you all recall the legal case that we were involved in with Wells Fargo, et cetera, that went to the Supreme Court. That's the City of Miami standing up and saying, you know, had behavior of the banks led to many illegal foreclosures, which led to losses for the City. There's another similar case on a separate path going on in Fort Lauderdale tomorrow, and that was brought to my attention. So I asked our City Attorney to look at it, meet with that attorney to see if there was a dovetail of the two cases; there is not. They're separate enough that we don't want one to interfere with the other, or muddy the waters on the one we're so far successful on. But there is a potential there in this case, and what this case is alleging is that banks, such as Bank of America, Bank of New York, have continued fraudulent activity leading to illegal foreclosures far beyond any settlements or court orders, so they're in contempt according to this case. The problem is, this is now a criminal case, and there is no -- listen to me; talking like a lawyer here -- one to receive the funds if a punitive judgment is made against them. So what I'm offering, which the attorney believes will help with his case, is for its as a city to be an outlet or a clearinghouse for any award given, which could be in the possible multiple billions of dollars, and that we earmark all of it for affordable housing, and that it be presented to the judge through this resolution that the City of Miami would be a good steward of this as we have just completed -- or we're working on completing the largest study we've ever done in our history with FIU (Florida International University) and the Metropolitan Center on how to appropriately spend affordable housing dollars in today's climate and all of the challenges within the affordable housing spectrum that we're facing; and two, our record of holding banks accountable for similar situations. It doesn 't put us at any risk; it doesn 't put us any liability; it doesn't tie us to their case. It's simply saying, if they win, and this judge City of Miami Page 174 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 doesn't know what to do with the money, we'll take it, and we'll make sure we're good stewards of it throughout the State. Its not all for us; it's a case against the banks for the entire State. And so, we would be directing the Manager to create a framework under which these funds could be allocated and dispersed. I envision some sort of program where municipalities who are interested apply to us, and that sort of thing. And, of course, a good portion of it will be available to the City of Miami, as I guarantee you, we have a great percentage of the affordable housing crisis in this State. So that's my pocket. Commissioner Gort. Vice Chair Gort: I think it's an excellent idea, but I have to tell you, the study that I read, I know a place where they had a -- they did a survey on the amount of the people that were there, and most of the people were there really were not knowing what they were answering, so I don't have too much faith. But I think we do need affordable housing, but also, I think we need home ownership. The money should be created also -- In a lot of our neighborhoods, we have people with Code violations that cannot afford to fix it, because they -- we -- and that going to be an item for discussion next month, because we have a lot of problems getting those people any help so they can go ahead and comply with the fine -- with the Code and take care of the Code, because they don't have the money for it. It takes an engineer, it takes an architect, and a lot of the people come out, and they can't get the right people to do so. So I think that's an excellent idea. We should dedicate it all. And I think, if we have a plan that we can put together, we'll have a better chance of getting the funding directed to them, because to me, homeownership is the most important thing in any neighborhood. And the other thing we looked at is we need to somehow -- there was an article came out in the paper the other day. Its the -- a group of individual businesspeople from -- in Tallahassee and from -- they met, about 500 of them, a large group, and they recommended that affordable housing is important, homeownership is important, but also create jobs that will pay more, and train people so they can pick up the new jobs in the new industry that's coming out, so people can get a higher salary than what it is today. So those, I think is focused, and it's ideal to do. Commissioner Hardemon: Two things: One, do we get a percentage for managing this fund? Do we get like a management? Second, why didn't the other city where the suit was being brought out of create something like this? Chair Russell: The attorney recognized our efforts already and a willingness. There's another city that is interested in this. It's not the case within their jurisdiction. Its also happening in the State of Hawaii. The same attorney is managing it. And the county of Maui is writing a very similar resolution to ours on behalf of a suit in the State of Hawaii. Commissioner Hardemon: So -- Chair Russell: But I couldn't answer why -- if and why Broward wasn't interested. I didn't ask. I just said, "Yes, we will. " Commissioner Hardemon: Should we go to Hawaii to figure out what the legislation looks like -- Chair Russell: We may just have to do that. Commissioner Hardemon: -- how it applies to the people? Yeah, okay. Vice Chair Gort: We have to go there. Commissioner Hardemon: Aloha. City of Miami Page 175 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 Vice Chair Gort: We have to go and see the program. Commissioner Hardemon: Right. Chair Russell: They do have a tight housing crisis as well, though. It's -- Commissioner Hardemon: I can imagine. Chair Russell: -- surprisingly or not. Vice Chair Gort: I think it's an excellent idea. Chair Russell: Thank you very much. Commissioner Hardemon: So moved. Chair Russell: Thank you. It's been moved by Commissioner Hardemon -- Vice Chair Gort: Second. Chair Russell: --seconded by the Vice Chairman. I'll open for public comment on this item. Is there anyone here who would like to speak on my pocket resolution with regard to the affordable housing fund we'd like to create? Hearing none, I'll close public comment. Vice Chair Gort: I have a pocket item. Chair Russell: No further discussion from the dais. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much, gentlemen. NA.3 DIRECTIVE 5986 DIRECTION BY VICE CHAIR GORT TO CITY ATTORNEY AND Office of the City CITY MANAGER TO REVIEW THE CURRENT RULES AND Cierk REGULATIONS ASSOCIATED WITH SPECIAL PERMITS. RESULT: DISCUSSED Chair Russell: Commissioner Gort, you have a pocket item. Vice Chair Gort: Originally, I was going to bring this as a discussion item, but the -- there was not enough time, so I have to bring it up as a pocket item. I'm having a lot of problem with the special permits. Special permit is the -- my understanding, it was established for those non -for-profit that want to set up a -- some kind of a festival or events so they can raise money for the -- whatever they have, and it works out good. But I think some of the people are abusing. I have a couple of buildings in my district, which every weekend with a special permit, they can have a nightclub. So what they're doing, they're running a nightclub by utilizing the special permit. I think that's something that we need to look at. We need to change the rules and regulations. I talked to the director of that department, and he told me he's working on it, but we need to do something right away, because my understanding, one of the buildings where this was being done City of Miami Page 176 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 (UNINTELLIGIBLE) Certificate of Occupancy. They don't have a Certificate of Occupancy. They don't have a CO (Certificate of Occupancy). They don't have Fire Department's right-of-way -- or permission from the Fire Department. And you need to understand, many of those buildings is three-story building. You can have over 500 people in there. If afire or anything takes place in there, it could be deadly, and we will be responsible for it, and we'll be liable for it. So we got to look at those special permits, really look at it, and we got to really work on it. So I'm instructing the -- I'd like to instruct the Administration to please look into it with the attorneys, with our assistant -- the attorneys, and let's do all the tweaking that we need to do to make it very specific. Chair Russell: Thank you very much. That's direction; you don't need a motion on that item? Vice Chair Gort: No. Chair Russell: Okay. Thank you very much. All good? Barnaby Min (Deputy City Attorney): Yes. We -- Chair Russell: All right. Later... Chair Russell: Commissioner Gort. Vice Chair Gort: I think this can give us a chance, an opportunity for all of us to discuss a lot of the things we need to discuss with the Administration. I mean, we talked about sunshine meeting. This is the best sunshine meeting we can have right here, and we can ask questions and -- If I can get some idea from the City Attorney, how they thinks they can improve the special permit, I really would like to (UNINTELLIGIBLE) hear from them. Joe Napoli (Deputy City Manager): Certainly, Commiss -- I mean, just -- right now we do have a working group, coincidentally, on special permits, TUPs (Temporary Use Permits), as well, on our processes and procedures, because, as you said, things have changed, and now a lot of entities are using the special permit; not for street festivals and that sort of thing, but for a variety of events. The Code says for a special event that the organizer can organize up to ten special events a year; doesn't specify property. So several organizers can use the same property throughout the year and have more than 10 special events. That's one thing we're looking at from a Code perspective. Also on the process on the inspections that are due; and then violations, how the violations are tracked, and whether they get a permit again if they have continual violations. But we're looking at the entire process from soup to nuts, and I think we'll have some good recommendations, both in the process as well as, perhaps some coaching. Vice Chair Gort: But what you're saying, organizers. They can have 10 events a year; almost once a month. I mean, 10 events in a whole year can be -- take 10 month. So who are these organizers of this professional business? Does it become professional business? Mr. Napoli: It essentially becomes that. As you're saying, it could become that, because you could have several -- more than 10 throughout the year at the same location. Vice Chair Gort: So -- but we need to -- a description, what's an organizer? City of Miami Page 177 Printed on 07/22/2019 City Commission Meeting Minutes May 23, 2019 ADJOURNMENT Mr. Napoli: Right. Vice Chair Gort: And what is the use of special permit? Mr. Napoli: I agree. Vice Chair Gort: And it should be limited to the place where they're going to have the event. I had -- during Ultra, they had an event which was in an apartment building -- in the parking lot, right next to an apartment building, two blocks away from the church, and the priest wasn't too happy about it. Mr. Napoli: Right. Vice Chair Gort: Those -- these are the things we need to look into it, because people -- unfortunate, we put things with good faith, hoping people will follow it, but somehow, people misuse it all the time. Mr. Napoli: So, Commissioner, we'll continue with our process, and then obviously come to you once we come up with some -- Vice Chair Gort: No. I understand there's specific areas where we allow them because of the area, but now they're doing it without coming to the Commission or anything like this. Chair Russell: Thank you very much. The meeting adjourned at 5:04 p.m. City of Miami Page 178 Printed on 07/22/2019