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HomeMy WebLinkAboutCC 2019-05-09 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 9, 2019 9:00 AM Regular City Hall City Commission Francis Suarez, Mayor Ken Russell, Chair Wifredo (Willy) Gort, Vice Chair Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Keon Hardemon, Commissioner, District Five Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes May 9, 2019 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present. Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon. On the 9th 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 9:05 a.m., recessed at 12:07p.m., reconvened at 2:32 p.m., and adjourned at 5:48 p.m. ALSO PRESENT.• Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd Hannon, City Clerk Chair Russell: (INAUDIBLE.) The members of the City Commission are Joe Carollo, Manolo Reyes, Keon Hardemon; Wifredo "Willy" Gort, the Vice Chair; and me, Ken Russell, your Chairman. Also on the dais are Emilio Gonzalez, the City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, the City Clerk. The meeting will be opened with a prayer by Commissioner Gort, and then we'll say the pledge of allegiance. Please stand. (Invocation and pledge of allegiance delivered) Chair Russell: Thank you. PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PRA PROTOCOL ITEM 5849 Honoree Presenter Protocol Item Elle Addison -Phelps Mayor Suarez Proclamation Overtown Youth Center Mayor Suarez and Commission Proclamation Cities for Financial Empowerment Fund Mayor Suarez and Commission Proclamation Citi Foundation Mayor Suarez and Commission Check Presentation State of the Travel and Tourism Industry Mayor Suarez Proclamation Darwing Silva Mayor Suarez Proclamation Employee Milestone Mayor Suarez and Commission Pins RESULT: PRESENTED 1) Mayor Suarez presented a Certificate of Merit to recognize and honor Elettlia Addison -Phelps. Miss Addision-Phelps is a 16 year old junior at Miami Carol City Senior High School where she is a Law Magnet and an ]PREP Honor Student. She is City of Miami Page 1 Printed on 0710812019 City Commission Meeting Minutes May 9, 2019 the founder of Beauty Beyond the Streets, a not-for-profit organization that helps homeless women by collecting and distributing women's hygiene and beauty products. Her touching essay won first place in the Homeless Awareness and Sensitivity Poster and Essay Contest. The Elected Leadership paused in their deliberations of governance to recognize Elettlia Addison -Phelps on her contribution to those in need and wished her well in here future endeavors. 2) Mayor Suarez and Commissioners presented a proclamation to pay tribute and recognize the Overtown Youth Center. The Overtown Youth Center (" OYC) has provided holistic programming to help our youth avoid falling victim to poor education, poverty, and crime. Overtown Youth Center's mission is to inspire and empower youth and . families by . fostering hope through enrichment services and its programming is designed to engage children in educational and recreational activities that promote their academic, social, emotional, and physical development. 2016 OYC partnered with the City of Miami to offer the Summer Youth Connect Miami program to link youth with work opportunities and financial literacy education and over 200 youth at the Overtown Youth Center have benefited from Summer Jobs Connect Miami program by providing them the opportunity to work while receiving financial education. The City of Miami recognizes the Overtown Youth Center for its continued commitment to Summer Jobs Connect Miami and for offering Miami's youth the opportunity to develop workplace skills. The Elected Leadership paused in their deliberations of governance and thereby, proclaimed Thursday, May 9, 2019 as "Overtown Youth Center Day" in the City ofMiami. 3) Mayor Suarez and Commissioners presented a proclamation to pay tribute and celebrate Citi Foundation. Citi Foundation works to promote economic progress, improve the lives of people in low-income communities, and invests in programs that help young people pursue their career goals. Citi Foundation has provided financial support to the Summer Jobs Connect (SJC) initiative by directly funding jobs for low and moderate -income youth that offered banking and other financial empowerment opportunities since 2014. City of Miami was selected to be part of a national SJC initiative funded by the Citi Foundation and the Cities for Financial Empowerment Fund (CFE) through a 3 year investment grant, and in 2016 the City renewed the grant to expand the program by partnering with the Overtown Youth Center. The City of Miami is committed to improving the quality of life of its residents and youth through numerous initiatives, such as Summer Jobs Connect Miami. The Elected Leadership paused in their deliberations of governance and thereby, proclaimed Thursday, May 9, 2019 as "Citi Foundation Day" in the City ofMiami. 4) Citi Foundation presented the City of Miami with a $367,500.00 check for the Summer Jobs Connect Miami Program. 5) Mayor Suarez and Commissioners presented a proclamation to pay tribute and recognize the State of Travel and Tourism Industry. America's travel industry remains robust and it is critical that we protect this vital industry, and also foster its growth on behalf of the 15.3 million Americans whose livelihoods depend on the industry. With a record 142, 000 jobs in the travel and tourism industry today and the 16.5 million overnight visitors to the greater Miami area have contributed to local businesses these visitors spent $17 billion last year on lodging, food, shopping, transportation, and entertainment. Also $412 million were tourist generated taxes, and 34% of state sales taxes collected in the area were generated by visitors, making Greater Miami and the Beaches rank # 4 in revenue per available room and rate among the top 25 U.S. Hotel Markets. The Elected Leadership paused in their deliberations of governance and thereby, proclaimed Thursday, May 9, 2019 as "Travel and Tourism Industry Day" in the City ofMiami. City of Miami Page 2 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 6) Mayor Suarez and Commissioners presented a proclamation to pay tribute and recognize Darwing Silva. Mr. Silva was on the plane that landed on the river in Jacksonville with 137 passengers aboard and airline crew on May 3'a 2019. Mr. Silva, with his immediate survival instincts and heroism, helped escort women and children to exit the plane and assist them in wearing their flotation devices. Mr. Silva was the last person to exit the plane. Darwing Silva played a major role in ensuring that all passengers and crew were alive after the accident. The Elected Leadership paused in their deliberations of governance and thereby, proclaimed Thursday, May 9, 2019 as "Darwing Silva Day" in the City ofMiami. 7) Mayor Suarez and Commissioners recognized various City of Miami Employees for their 25 years and 30 years of service presenting them with Service Milestone Awards and commending them for their dedication and commitment to the City of Miami; furthermore, thanking them for their dedication as City Employees. Chair Russell: We will now make the presentations and proclamations. (Presentations and proclamations made) h_1LTi se1»:Z01kky/1►Leal: I;8Jill► Lill Immel am: 1=70741101TAIkin LTi 1;1;kIIkiLOS AM.1 City Commission - Regular Meeting - Mar 14, 2019, 9:00 AM ORDER OF THE DAY MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Chair Russell: Can I get a motion to approve the minutes of March 14, 2019? Commissioner Carollo: Move it. Chair Russell: It's been moved by Commissioner Carollo; second by Commissioner Reyes. Any discussion? All in favor, say, "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. Chair Russell: We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during 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 City of Miami Page 3 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 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 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 Oice and at the podium for 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 Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notes 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 1Op. in., or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are being either withdrawn, deferred, or substituted. Thank you, Mr. Chairman. Chair Russell: Good morning, Mr. Manager. Are there any items you'd like to remove, withdraw, continue, or defer from the agenda? Just let's do the Administration first, and then we'll get to the Commission. Emilio T. Gonzalez (City Manager): Good morning, Mr. Chairman, Mr. Vice Chairman, Commissioners, Madam City Attorney, and Mr. Clerk. At this time, the Administration would like to defer and/or withdraw the following items: Item RE.2, to be deferred. That is a settlement. Item RE.6 -- Chair Russell: Deferred to what date, sir? Mr. Gonzalez: Date uncertain, sir. We'll defer it to the next meeting; let's do that. Chair Russell: Okay. Mr. Gonzalez: Item RE. 6, we will also defer to our next meeting, second meeting in May; Item RE.9 will be deferred until June 27; and Item RE. 12 will be withdrawn. Chair Russell: Withdrawn. Thank you very much. Mr. Gonzalez: Yes, sir. City of Miami Page 4 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: Gentlemen, any other items that you'd like to -- Commissioner Hardemon: Can you start --? Chair Russell: -- defer or continue? Commissioner Hardemon: Mr. Chairman? Can you start again and say the action first and then the item second? Mr. Gonzalez: Yes, sir. RE.2 -- Commissioner Hardemon: What's the action? Mr. Gonzalez: -- will be deferred -- it's a settlement for Mr. Julio Dotel. Chair Russell: I'd like to hear the action first, then the item. Commissioner Hardemon: Yeah. Mr. Gonzalez: Yes, sir. Sir, settlement for Mr. Julio Dotel, deferred -- that's RE.2 - - to our next meeting, second meeting in May. Execute an amendment on the Tower Theater Management Agreement, RE 6, will be withdrawn. Road closures in Silver Bluff, RE.9, will be deferred until June 27. Chair Russell: All right. So just a moment. RE. 6, originally, you said "deferred. " Did you say "withdrawn" this time? Mr. Gonzalez: No, sir -- I'm sorry, you're absolutely right; my mistake. I withdrew -- it is withdrawn. Chair Russell: It is -- so the Tower item? Mr. Gonzalez: Yes, sir. Chair Russell: Withdraw. Thank you. Mr. Gonzalez: Correction; withdrawn. RE.9, the road closure at Silver Bluff, deferred to June 27. Termination of the Ultra Revocable License Agreement, RE. 12, will be withdrawn. Commissioner Hardemon: I do want to talk about that, though, just briefly. Chair Russell: Huh? Commissioner Hardemon: Just briefly. So we'll -- Chair Russell: What is it? Good morning, Joe Commissioner Carollo: Good morning. Mr. Gonzalez: And lastly, the item is RE. 15, which is direction for improper occupancy or use of City property at Melreese, and that will be deferred until the next meeting in May. Chair Russell: Deferred? City of Miami Page 5 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Mr. Gonzalez: Yes, sir. Chair Russell: All right. Are there any items from the Commissioners that you'd like to see withdrawn, deferred, continued, anyone? Commissioner Reyes: (UNINTELLIGIBLE.) Chair Russell: All right. So, Mr. Clerk, if you could read back for -- Commissioner Carollo just joined. So that the Manager doesn't need to repeat, if you could state it into the record. Todd B. Hannon (City Clerk): Yes, sir. I have to defer to May 23, RE. 2; to defer to May 23, RE.6; to defer to June 27, RE.9; withdraw RE.12; to defer to May 23, RE. 15. Mr. Gonzalez: Mr. Clerk, RE.6 is a withdrawal. Mr. Hannon: So it's no longer going to be deferred? Mr. Gonzalez: It's not a deferral. Mr. Hannon: RE.6 is to be withdrawn? Mr. Gonzalez: Yes, sir. Commissioner Carollo: Which is RE. 6? Chair Russell: Tower. Mr. Gonzalez: The Tower Theater Management Agreement, sir. Commissioner Hardemon: One more thing. Chair Russell: Commissioner Hardemon. Commissioner Hardemon: We received some sort of correspondence from -- I believe it's -- the proper title is CITT -- saying that RE.7 could withstand a deferral; and so if it's -- if that's true -- I see my good friend. He smiled when I said that. But if that's true, I want to defer it to June 27. Chair Russell: June 27? Commissioner Hardemon: That's correct. Chair Russell: Commissioner Hardemon would like RE.7 deferred to June 27, please. Anything else from the Commission? Mr. Clerk, are you all clear? Mr. Hannon: Good to go, sir. Chair Russell: All right. Any -- is there a motion? Commissioner Hardemon: Oh, oh, I'm sorry. Chair Russell: Please. Commissioner Hardemon: The RE. 12, which is Ultra? City of Miami Page 6 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: Yes. Commissioner Hardemon: Right. So let's strike that from it. We're not going to vote on it, obviously, but I just want to say a few things about that -- Chair Russell: Keep it open for discussion. So we'll remove RE. 12 from the order of the day. Commissioner Carollo: I'm sorry. Ultra? Chair Russell. He's like to keep -- Commissioner Hardemon: Yeah. I just -- Commissioner Carollo: I'm glad you would, because I think I might like to put a few words in there, also. Commissioner Hardemon: Okay. Chair Russell: All right. So is there a motion to memorialize the order of the day, please? Commissioner Reyes: Move it. Chair Russell: Moved by Commissioner Reyes; seconded by the Chair. All in favor, say, "aye. " The Commission (Collectively): Aye. Chair Russell: You guys are asleep from yesterday. All in favor, say, "aye. " Motion passes. Commissioner Reyes: How many hours spent here yesterday? Chair Russell: It was a long one. Thank you for your participation. All right. So we have our order of the day set. PUBLIC COMMENT FOR REGULAR ITEMS) Chair Russell: Before we begin the public comment, Mr. Mayor, would you like to address the Commission and the public? Mayor Francis Suarez: Thank you, Mr. Chair. I'd like to address the Commission on four items that are going to be before you today. One of them is RE.5, which is a resolution supporting essentially an action that was taken by Miami Beach. Miami is synonymous with boating. Proof of that are the 65,000 registered boaters in Miami -Dade County alone. But with that comes great responsibility. Due to the tragic accidents that happened the week of April 20 on the rocks of Government Cut Jetty, where three people lost their lives; and in 2016, in the same place that ended the life of Miami Marlins star Jose Fernandez, it is our duty to ask the Coast Guard to really take the necessary steps and make sure no more lives are lost in the jetties. There needs to be a thorough safety review of the area done by the US (United States) Coast Guard. Those jetties are really hard to see at night. We join Miami Beach and Miami -Dade County Commissions to ask that the US Coast Guard take the necessary steps to safeguard boaters; this is why I'm sponsoring RE.5, hoping that no more lives are lost in those jetties. City of Miami Page 7 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: I just -- I commend you for that, taking that action, and although it's not in our jurisdiction, but too many accidents have happened, and I don't know why there is no signage there that -- I mean, people can guide them self that there is the jetty, and at night, dark night, you don't see it -- Mayor Suarez: Totally bewildering. Commissioner Reyes: -- you see, and I commend you for -- Mayor Suarez: Thankyou. Commissioner Reyes: -- taking this initiative. Mayor Suarez: RE. 16, parking lot owners. As Mayor, one of my obligations is to make sure that no business takes advantage of our residents. About two weeks ago, it was brought to my attention by Eddy de Carrillo of Univision 23, an investigative reporter, that certain business owners were giving illegal parking violations in certain lots. The company in question is Professional Parking Management, which does not have a BTR (business tax receipt) in the City of Miami. This practice is completely illegal and fraudulent, and I will not stand by while residents are being ripped off by these companies. I am asking for a comprehensive investigation of these companies, their practices; and if they owe money to the City, any legal action. If legal action is required, then that is the route we will take. I am taking the necessary and prudent steps to guarantee our residents and visitors that no company operating in Miami can get away with these illegal practices. CA.2 is the youth employment opportunities. The future of Miami, amongst other things, depends on our youth. It give me great pleasure to support Resolution CA.2, to establish a new special revenue project titled, "Summer Youth Employment and Financial Employment Expansion Program." The $367,000 fund will expand the existing program to other local businesses and entities, and hire up to a hundred additional youth, ages between 16 and 19, residing in low- to moderate -income areas of the City of Miami. The grant's goal is to improve the self-sufficiency of its low- to moderate -income youth, and increase their access to the financial tools and education that are fundamental for economic prosperity and success. And finally, CA. 11. As downtown Miami keeps growing and ever-changing as a city, we need to make sure we do everything in our power to make connectivity easier for all pedestrians that walk that area, especially all that enjoy our magnificent bay. Resolution CA.11 does exactly that. I want to commend Chairman Russell for his work on this specific subject. By approving the construction of a pedestrian bay walk, it will make it easier to cross from under the McArthur Causeway onto Maurice Ferre Park. Not only will it make it easier; it will allow pedestrians a more safe and elegant way to move from one side to the other. Thank you, Mr. Chair. Chair Russell: Thank you, Mr. Mayor. We're going to open up for public comment at this point. Is anyone here who would like to address the Commission on this morning's agenda? Please approach either lecterns. Anyone who would like to speak is very welcome. You'll have two minutes. You'll hear a little "beep" at about the 30 -second point; that's your moment to sort of start wrapping things up. Let us know your name; feel free to let us know your address; and please let us know the item you're speaking on. That'll help us keep track of everything. Leticia Palaez: Good morning. Chair Russell: Good morning. Ms. Palaez: My name is Leticia Palaez, and I'm a Silver Bluff resident; 2330 Southwest 22nd Terrace. And our item was just deferred to June 27. So I'm here to City of Miami Page 8 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 use up my time. I'm here today in support of 24th Terrace. Even though I don't live on their street, I am their neighbor, and I see the safety issues they face on a daily basis. Not only is it a safety issue, but it also affects everyone's quality of life. Residents of 24th Terrace have been called selfish, thinking only of themselves, not neighborly, and the list goes on. In fact, that is the furthest from the truth. They have been advocating relief for all their neighborhood, not just for themselves, for a very long time, and asking for deviation and remedies for the traffic that we have; so much so that many studies, proposals, et cetera, have been initiated to address the growing concerns of all our residents in the neighborhood, not just themselves. Unfortunately -- Chair Russell: Please, everybody, let's give our public the time to be heard. Thank you. A lot of talking going on. Sorry. I'd just like to give you your time. Ms. Palaez: Oh, I'm all -- Chair Russell: No, you're fine. Vice Chair Gort. You're fine. Chair Russell: I can't hear you very well, because of all the talking going on. Ms. Palaez: Oh, I'm sorry. Chair Russell: You're doing great. Commissioner Reyes: Yeah. You're doing good. Chair Russell: You're the one who's -- Commissioner Reyes: You're doing good. Keep on going. Keep on going. Ms. Palaez: Okay. Commissioner Reyes: Keep on going. You're doing right. Ms. Palaez: Unfortunately, it's been to no avail, due to a group within our neighborhood that finds battling their neighbors a sport, and because they are small in numbers, they recruit from outside of Silver Bluff. 24th Terrace was left to battle this on their own, due to the constant blocking of any remedies by this group, who are politicizing all our homeowner efforts towards protecting our community for an agenda that is unknown, but definitely ill -willed. There's a common denominator in why we get pushed back on finding solutions, and this is this group. They use social media for the purpose of disrupting, dividing, and putting out fear and distrust among our community. Most of our Commissioners here are not put in that position, as Commissioner Reyes says; that is why, Commissioner Carollo, you're probably going to be able to pass your resolution today; and that is why, Commissioner Russell, you've been able to pass many resolutions to alleviate traffic in your -- in Coconut Grove; and that's why Commissioner Hardemon was able to push his through, as well. I ask, Commissioner Reyes, to please see past the obstacles and do what is right for our community. Just know that caving in to these individuals will only embolden them to continue going against the general will of our community. I close by saying that Silver Bluff is paying for the County's lousy transit plans, and we need our City Commissioners and Mayor to go fight for us. I thank those that are doing so for your diligence, and encourage others, like Commissioner Reyes, to do so, as well. City of Miami Page 9 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: Thank you. Thank you very much. Ms. Palaez: Thank you for your time. Commissioner Reyes: Excuse me a minute; don't leave. Chair Russell: Commissioner Reyes, you're recognized. Commissioner Reyes: Don't leave. The fact that I brought this issue back from the dead, because nobody was talking about anymore, and it was like a done deal that nothing was going to be done in Silver Bluff. And I brought it back, and I brought it back with a proposal. But this is -- the resolution wasn't written the way that I want it to be written. All solutions are on the table, and as a matter of fact, by getting that resolution, I've got already the attention of the County, which is the impediment that we had had, because I know and I feel for 24th Terrace, but I want to find a solution that will help Silver Bluff and Shenandoah. And all the solutions and all the proposals that we had brought to the County, they had been denied. And now, by bringing it back, we are forcing their hand. And yesterday, I had a commitment that we are going to meet. Even though we are deferring this, we are not taking this out of the books. And let me tell you something. And for those of you that don't know me, I don't budge to pressure. You see, I came to this position by working hard, seven times, and nobody is going to tell me, nobody is going to intimidate me, because even those people that they are extremely powerful with a lot of money have not been able to intimidate me, because if I am not re-elected on November 5, which is the election, I'm going to walk out of here the same way that I walked in; with my head up high. You see, nobody intimidates Manolo Reyes, nobody. There are two things you cannot do with me: Buy me or intimidate me, because at my age, I'm going to be afraid? Goodbye. Chair Russell: Thank you, Commissioner Reyes. Ms. Palaez: There was a perception issue, but thank you. Chair Russell: Thank you. Commissioner Reyes: No, no, no. Ms. Palaez: Mr. Commissioner, I appreciate it. Commissioner Reyes: I have heard both sides of the argument. Your side of the argument, which is very politicized, too, won't intimidate me. The other side of the item, which is that they have politicized this, won't intimidate me. And what it is a shame is that instead of working together -- Ms. Palaez: I totally agree. Commissioner Reyes: -- to find a solution, and the solution that would not just move one problem to the next street, but that's -- that could happen -- and have some empathy on your neighbors. They've been fighting like dogs and cats, and that is not my fight. I don't get involved in that. What I get involved is, how are we going to solve that problem? And let me tell you this: You can call the County, you can ask Public Works here how many projects we have present -- are presented by us, and we're going to do it. So this is not over. I brought it back and I brought it to life, because I want to find a solution to it; not a solution, because we cannot eliminate traffic all the way, but try to -- you see, the people in 24th Terrace, and you have who is back there. You see, I feel for them. I feel -- and I've been there, because it is City of Miami Page 10 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 horrible. And I was the one that brought it in the dais that it is alive, (UNINTELLIGIBLE). Commissioner Hardemon: Mr. Chairman, could I interrupt for one second? And I want to say this to you, in deference to my dear Commissioner: The things that we've brought up in order to solve some of the issues that we're having in our respective districts, the problems are different. And the overall problem that all of us are having is more than just cut -through traffic. Commissioner Reyes: Yeah. Commissioner Hardemon: It's really -- it's the speed at which cut -through traffic goes through our neighborhood. So, you know, the County will tell you, "Okay, well, we need these arterial roads in order for people to get from Point A' to Point W. "' But you go to other suburbs, you don't cut through their neighborhoods in order to go to Aventura Mall, right? However, the way that our City is laid out is the way that it's laid out. And, you know, what Commissioner Reyes describes where one -- on one street, you have a burden, and then it's shifted to the other streets when you have closure. It's true; those things do happen. But, you know, we know in the City of Miami, we lowered our speed limit to 25 miles per hour. But our problem is not necessarily the speed limit; it's the speeders. And so, there's a behavior we need to change. When you think about when people used to blow the lights -- people don't like getting the red light tickets; however, it changed behavior, because people would slow down or stop before they got to a red light. Now, there is argument about accidents or whatever, but I'm not -- that's not for discussion today. But what I'm trying to describe to you is that, you know, one of the things I've been talking with staff about, which you'll hear a discussion on this dais about, is implementing more speed tables; not in the way that we used to do them. Typically, we would put speed tables, for instance, in the median. And so, people would zip through the street from one avenue to the next, one city block, and then slow down for the speed table. But, you know, I'm in a discussion with the City about putting double speed tables in the middle of the streets, so now, when you turn from a major avenue, you're going to immediately be met with a speed table. And then as you drive a little bit further, you'll be met with another speed table so that when you -- people decide, "You know what? I don't want to travel through these streets anymore, because they have speed tables"; and so, they're not zipping through our neighborhoods, and that way, the streets stay open; that way, there's no -- there's not necessarily any traffic that's being moved from one street to the next street. But that's a major capital improvement, you know. And so, I'm -- I know I'm looking forward within -- I'm going to present it for a thing for my district, but I'm sure other people may be interested and want to research about it. So -- Ms. Palaez: It takes a lot of cooperation, too -- Commissioner Hardemon: Yeah, it takes -- Ms. Palaez: -- because all neighbors have to agree on that. Commissioner Hardemon: Well, on speed tables -- Chair Russell: Ma'am? Commissioner Hardemon: -- or they can come from the dais, as well, because at the end of the day -- right? -- we want to live in our neighborhoods and have our children play in our yards without the threat of a vehicle, you know, plowing through our gates or slamming into our front door, or anything of that nature. And I'll tell you, it's not just our neighbors that's doing it. It's not just people who are trying to City of Miami Page 11 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 get from Point "A" to Point "B"; it's officials. You know, when I look at my neighborhood, it's what we call rigged; undercover police officers. You should see the way they drive in my neighborhood. The County should be ashamed of themselves for that type of driving activity through the neighborhood. Yeah, I said it, because it's the truth. And so, you know, these sorts of vehicles traveling through our neighborhoods at those speeds are a high risk of danger, and we want to do whatever we can to kind of calm it down. And so, we're going to continue to have that discussion on this dais. And we need each other in order to get it to work. Ms. Palaez: Just understand -- Chair Russell: Ma'am? Please, ma'am. Ms. Palaez: -- I don't live on their street. Chair Russell: Ma'am, we need -- Ms. Palaez: I know (UNINTELLIGIBLE). Chair Russell: I'm sorry. We just -- we're not having a roundtable town hall. We need to keep a little bit of order. And I'd just like to make sure I recognize Commissioner Gort, who's been waiting, then the Mayor, and also remind that we have a very large agenda, and this item has been deferred for a month and a half, so we'll have a lot of time to work this out. But I really wanted to recognize you for your time here. Commissioner Gort, and then the Mayor, of course. Vice Chair Gort: Thank you for coming. But I think people need to understand, also, that every time we put a plan together, it has to be approved by the County. So that's a different process that we got to go through. And I had one caller from 24th Terrace that lives on 24th Terrace. He calls me every day to give me a complaint. I told her to call you. Her name is Lisa Gort. Chair Russell: She must know some friends in high places. Mr. Mayor. Mayor Francis Suarez: Thank you, Mr. Chair. I've been dealing with this issue for eight years as Commissioner; a year as Mayor. I've been to, I'd say, almost every single Silver Bluff Homeowner Association meeting, and I will tell you that most of those meetings were attended by 24th Terrace residents, who were there complaining about the speed, and the volume of cut -through cars that were endangering their children, their pets, and the elderly. When you look at the County's failure to provide a mass transit solution; when you look at technologies, such as Waze, which push people through our neighborhoods; when you look at excessive tolls on our highways, which also push people into our neighborhoods, and you combine all those factors, you have a perfect storm. I grew up in Shenandoah, and I used to ride a bike in the middle of the street. And I remember when the bike -- when the street was kind of part of your front yard. Now, unfortunately, as Commissioner Hardemon has said, the County's objective is different from the City's objective. The County's objective is to get 2.1 million driver's license through the City to our central metropolis to go to work. Our objective is to create peaceful and -- you know, neighborhoods that have quality of life. And so, what I just asked the Manager and our Budget Director is, we have beautification money that is unspent, and I will be bringing a resolution at the next Commission meeting to fund a traffic study. I had already passed a resolution as Commissioner to have a citywide traffic study. Commissioner Reyes: Yes, sir. City of Miami Page 12 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Mayor Suarez: And I'm going to explain to you why this is important to fund a citywide traffic study, because what happens inevitably is -- we did this on 68th. We're doing this on 24th. We have another resolution today on 16th and 17th Avenue, and 23rd Street or 26th Street. And what ends up happening is people will argue that the traffic will shift from one street to the next. Commissioner Reyes: Yes, it will. Mayor Suarez: But I think we've got to present the County a comprehensive plan -- Commissioner Reyes: That's what we want. Mayor Suarez: -- where we tell the County, "Look" -- and you see it in Coral Gables. In Coral Gables, on 57th Avenue, it's a boundary; it's a vehicular boundary. And wealthy cities like Coral Gables have succeeded. A lot of neighborhoods in the City, in Coconut Grove have succeeded, because they've come together and they've asked -- you know, you've got Bay Heights, Natoma Manors, Morningside; so many neighborhoods, you know, in the City have done this; Coral Gate, where I used to live in. And so, I think we need to come together as a community. I agree with you, Commissioner. We need to have a comprehensive plan that we can present to the County. Hopefully, the County will approve it. I was blessed as Commissioner to get, you know, more traffic circles, a comprehensive speed table plan, an MOU (Memorandum of Understanding) with the County that allowed the City to do the analysis on speed tables and traffic control devices. We just reduced the speed limits in all our neighborhoods, a resolution that I passed in 2016. You helped me implement that, and we had, you know, a meeting the other day with the community on the rollout of the reduction in speed limit to 25 miles per hour. But unfortunately, all those things together have not solved the problem of constant vehicular cut - through of the volume and the speed of cars. People just don't respect the fact that our neighborhood should be peacefully enjoyed; they should not be "auto pitas, "you know, semi -highways for people to get to and from work two minutes faster. Commissioner Reyes: That's right. And -- Chair Russell: Thank you very much, Mr. Mayor. Would you like to be recognized, Commissioner Reyes? Commissioner Reyes: Please. Chair Russell: Thank you. Through the -- I'm just -- Commissioner Reyes: You know, sometimes I -- Chair Russell: Just a moment, please. If we'd like to put this item back on the agenda, we absolutely can. Commissioner Reyes: No, it's not going to be put back -- Chair Russell: Otherwise, you're going to thank me when we're all home for dinner tonight. Commissioner Reyes: Okay. Chair Russell: I'm just trying to be a little efficient. I just -- if you'd like to be recognized, just -- Commissioner Reyes: Yes -- City of Miami Page 13 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: -- speak through the Chair. Commissioner Reyes: --just a couple of words. And we're going to be working on it. We have plans that have been developed and presented, and I wanted to represent them to the County, and that is my intention, and that it is a holistic approach to the problem that we have, and that's what I'm trying to do. And I got their attention again by this resolution, and I know -- and one thing that I can promise you guys, I haven't stopped. I brought it back because I care. Chair Russell: Thank you, Commissioner. Is there anyone else here who'd like to speak on RE.9? I know you've -- and normally, once an item is deferred, we wouldn't, but I know you've taken time off from work, you've come down to City Hall, and you may not be able to be here on June 29 [sic]. I'd just like to ask for the dais to remember this is the public's time to speak. We just want to hear from them, and try not to engage too much in discussion. If we then take the item up, we can absolutely have a robust, full on discussion about it, and engage the questions and everything. But for now, I'd just like to hear from those residents who came for this item. You'll have your two minutes today, of course, and if you can't make it, then you'll have had today. So Mr. Kurland, you're next. Nathan Kurland: Thank you. Commissioners, ladies and gentlemen in the audience, my name is Nathan Kurland, 3132 Day Avenue. Following a physical examination, a patient asked his doctor, "Can you help me out?" And the doctor responded, "Sure. Which way did you come in?" I'm here to request that you members of the Commission please escort out the door RE.13 and RE.14. As an 11 year past member of the Bayfront Park Management Trust, the idea of filling in the FEC (Florida East Coast) slip has been floated in to us before. This is a bad idea. Number one, you would have to repay the FIND (Florida Inland Navigation District) grant $6.5 million; number two, we made an overall investment on that FEC slip of over $20 million, 2 million of which, during my time, which I signed the check for, was for the bollards. We envisioned this as a place where tall ships could dock into the City of Miami and perhaps a passive entertainment, like paddleboard, paddle boats within that FEC slip. The argument's been made that it's underutilized. If it's underutilized, then I, as a member of the Bayfront Park Management -- past member of the Bayfront Park Management Trust and the present board, that's their responsibility to make that area more useful and more active. But to fill it in, I think the City of Miami has a lot of other things they can do aside from spending the approximated cost of $20 million. Thank you very much. Chair Russell: Thank you, Mr. Kurland. Good morning, sir. Luis Cedre: Hi. My name is Luis Cedre. I'm a resident of the 1700 Block of Southwest 24th Terrace. I am the person who created this petition; the petition that Commissioner Reyes held up on April 11 and said he was going to submit his resolution based on our petition. I'm afraid, if he defers this that he's going to revise it and maybe takeout the protection that was listed on my petition. The petition that we did, we're supposed to go a thousand feet in. We actually went all the way to the west, so we went actually 8, 000 feet, and got 90 percent of the residents to sign it. I have a lot of documents that I guess I'll turn in on another date, but most importantly, I created and started meeting with my neighbors after April 26 of last year. When I waved goodbye to my kids from the driveway, I closed my door and heard the worst crash in the world. As a father, you have no idea what that does to your heart, to know that your kids were out there as a car was flipping over right in front of your house. This is not the first time. We've done the holistic; we've done the traffic studies. I have minutes from various other streets that show -- they come, they ask, they receive. I have documents that I've requested from you guys where it City of Miami Page 14 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 shows that from the moment they request it, 90 days later, it's done. I don't think it's fair. The City is supposed to be about fair. I have documents where the Fire Department is completely against it, saying, "No, no, no, no. " The Fire Department's against all these speed tables. They're saying its' damaging their trucks, but we're putting them everywhere. Why can't we block our street? Why can't I protect my kids? Chair Russell: Thank you. And thank you for advocacy. Good morning. Angela de Cespedes: Good morning, Mr. Chair, Mr. Mayor, Commissioners Reyes, Carollo, Gort, Hardemon; also, the City Attorney, good morning; and the City Manager. My name is Angela de Cespedes. I'm with Shutts and Bowen, and I'm here today to speak with you all again about my firm's proposal to represent the City on the negotiation of the ground lease for Melreese for Freedom Park. I know I only have two minutes, so I will get through the second part of my presentation today. We have an opportunity to work together with every single one of you as a team; not independently of you guys, but as a team to realize this project; the soccer stadium, the surrounding facilities. I've already given you my firm's credentials. You all have the proposal that we submitted. I have extra copies to the extent anyone needs one. The legal team that we're proposing is going to help maximize dollars for the City, with a focus on creative revenue capture for the benefit of the City and its residents; math that just doesn't sound good or look good or just look pretty, but actually results in real revenue, much-needed revenue, dollars that can be used towards redevelopment projects, for example. We welcome active participation and input from all of you. In fact, we'll require to make sure that that $3.6 million is the floor, not the ceiling; a fair deal with everyone involved, but also lucrative for the benefit of the City and its residents; with sustainability at the forefront; with proven expertise to create a complex that is truly, truly green; with a goal of zero emissions that will not burden our power grid; with dedicated funding where it is needed most, such as affordable housing dollars, and we're going to do it properly. This is the train that appears to be moving forward no matter what we do, so we need to make sure that we undertake entering into this lease with care, and partnership with a firm like Shutts that embodies Miami and the passion and drive that have fueled our City, our people, and our culture for the entirety of its existence. I'm here today with Florentino Gonzalez, who is one of my partners at Shutts, and also happens to be the Chair of the Real Estate Department. And together, we're asking you to allow us to help you, guide you in this process. Thank you very much. Chair Russell: Thank you very much. Good morning, sir. Paul Mann: Good morning. Paul Mann, 1665 Southwest 23rd Street, Miami. I'm here to speak on RE.3 and street closures in general. I want to start with thanking Mayor Suarez for as comprehensive and succinct a description of our problem as I've ever heard. It is a perfect storm that our neighborhoods are going -- are witnessing here, and we're basically applying Band-Aids. Speed bumps are partly effective, but the real problem is that the traffic pressure is increasing and will continue to increase, and street closures are the only way to really protect this neighborhood. And I'm wondering why it is that District 2 seems to get street closures pretty routinely, and District 3 and 4, everybody's afraid to close streets in 3 or 4. A couple of points I'd like to make is that street closures don't have to be permanent; they can be on a trial basis. You don't have to be afraid of them. I -- traffic on a street that is by far more heavily used than its neighbors, of course, is going to be sharing the pain with its neighbors. And if the neighbors don't want to share the pain, then we have a huge problem in the City, because, you know -- so I think we have to be bold. I think we have to move ahead. I think we have to start closing streets to see what happens. In my view, it's -- there's a legal term for not allowing a solution in one area and not the other. It's disparate treatment, and that's City of Miami Page 15 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 what we see here. District 2 gets what it needs; District 3 and 4, not so much. The other thing that it might do, the other benefit that I think the City might find is that it puts pressure on the County to finally get off its hands. If the City is not complicit in allowing our streets to be flooded by commuters, then the County is going to find itself alone, and they're going to have to act. By street -- by closing some streets, you're going to push that traffic onto Route 1, where it belongs, and the County is going to have to do something about it. It's one good way to put some pressure on the County. Chair Russell: Thank you very much. Mr. Mann: Thank you very much. Chair Russell: Thank you. Good morning. Yadira Pedraza: Good morning. My name is Yadira Pedraza. My address is 2163 Southwest 24th Terrace. I was here on the -- on the matter that was deferred to June 27. I will be here again on June 27. I've been here for the last 10 years on the same issue, and nothing has been done. I want to thank the Mayor. You have been really an advocate on behalf of our street. I know you've been out there. And I do want to thank Commissioner Reyes for bringing this up again. What's gone on in the street is unconscionable. Commissioner Hardemon, this is not a matter of speed; it's a matter of volume. We have over 2,000 cars going through our neighborhood; 2,000 cars going through our neighborhood everyday. There have been four studies done. This has taken 10 years. No --please, no more studies, as they show that we have a problem. We have a huge problem. It has been resolved for other neighborhoods. I read some of the public information that's been requested by some of my residents. Some streets were closed without discussion, without studies. This is absurd. This is going to end up in court. I am an attorney. I've been an attorney in this community for 30 years, and I see some --I did eminent domain for 15 years. This is an unjust and unfair devaluation of our property. You have created a nuisance on our streets, and you have unequally applied the law. As stated by some of you, some wealthy communities, such as Coral Gables, get to close their streets, and we can't; 10 years of this. I will be here again June 27. And Commissioner Reyes, I appreciate you don't get intimidated. I don't give up, okay? Whether this is done here at the City level, the County level, or in court, it's going to be done for our streets. We deserve it. We're the same as anybody else in Dade County. Mayor Suarez: Mr. Chair, if I may? Chair Russell: Mr. Mayor. Mayor Suarez: Thank you. I'll be brief. First of all, I do support the item, the resolution. Ms. Pedraza: I know you do. Thank you. Mayor Suarez: It came out of a resolu -- a similar resolution in the -- in Commissioner Hardemon's district, and there's two items on this agenda that are asking for specific closures on specific streets, and I support them. Ms. Pedraza: Thank you. I know you do. Thank you. Mayor Suarez: The reason why I also think that a study is necessary -- and I'll tell you why -- is because I've been dealing with the County for 10 years, too. And the first thing they're going to tell me is, you know, "How is this going to affect other neighborhoods? How is this going to affect other streets?" So I want to give them a City of Miami Page 16 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 -- the reason how I got the comprehensive traffic table plan approved was we explained to them, you know, from -- by numbers, the volume, all that stuff. So I had actually asked for it as a Commissioner. I had passed a resolution requiring the Administration to do it, and it didn't happen. And so, I was just talking it over with the City Manager, from a fund that we already have established that is funded, we have the cash, because what I do think is we need to look at the whole City. We need to look at Commissioner Gort's district; we need to look at Commissioner Hardemon's district. This is a big initiative for Commissioner Hardemon. He's been talking about creating quality of life pockets where people don't have to worry about cars cutting through their neighborhoods to save two minutes. And so, this is something that is bigger than just one street. You guys have been suffering a long time in a very dramatic fashion in the way that you've been dealing with it, with cars flipping over and accidents continually, and people's lives that are at stake. So this is -- potentially could be one of the most dramatic streets in the entire City. Chair Russell: Thank you very much. Ms. Pedraza: Yes, it is. Thank you. Chair Russell: Thank you. Commissioner Reyes: Mr. Chair, could I just --? Chair Russell: Good morning, sir. Of course, Commissioner Reyes. Commissioner Reyes: Just -- I just want to say something, and I have an announcement to make. I said when we started this resolution, I already spoke with the Mayor of Dade County, and Mr. Gimenez, he said -- I explained to him what was going on, and what the department was doing with our requests. They were sending it back, sending it back. And he said, "Well, okay. " We're scheduling a meeting that is going to be between the County and our Public Works Department, and I'm going to be present in order to start finding solutions that it -- if it is street closing, what are we going to do with the traffic on the other streets, and everything is going to be -- I mean, all the options are going to be on the table. And I promise you that I'm not going to rest until something is done, because I brought it back, because it needs action. We don't need any more studies. We don't need anything else. And the Mayor of Dade County, the Dade County Mayor, which is Carlos Gimenez, I mean, he agrees with me that it's time for action, and plus, our Mayor agrees with me also, because he's been one of the proponents and a major proponent of fixing that problem, okay? Chair Russell: Thank you, Commissioner. Good morning, sir. Jed Royer: Great. Thank you very much. My name is Jed Royer. I'm the President of Shenandoah Neighborhood Association. I won't be in town on June 22 [sic], so I'd like to put in our comments here. For nearly two years, Shenandoah has, on an official level, stood on the sidelines throughout the 22nd Avenue polls project and the road closures debate amongst our neighbors to the south, Silver Bluff. Sure, there have been individual residents that have joined the conversation, the debate, expressing their own personal views, but as an association, we specifically haven't taken a position on a solution. We haven't seen many solutions yet. We've waited patiently for our neighbors to the south to work it out, expecting the City and the County to shepherd the process professionally. Via a petition drive, we strongly urge our City officials to seek a holistic approach. We urge them to gather data and make decisions based on said data. What can be more fair to the community? That was two Octobers ago, and here we are again. Items like RE.9, street closures come out which seem to be contrary to everything that we've been talking about, and our City of Miami Page 17 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 politicians are literally kicking the hornet's nest with this. This week, I rode through -- I'm a "trust but verb" type person, right? You know, so I've heard all the stories. This week, I've rode through the street in question on my bicycle, just to see how crazy things have gotten. I've read about cars flipping, people going over a hundred miles per hour, carnage, mayhem, the lack of safety. You take your life in your own hands. I traversed the street at 8:30 a. in., 10 a. in., and at 5:30 p.m. And I have to tell you that when I went at 8:30 a.m., I was really quite nervous. I've (UNINTELLIGIBLE) a helmet, and I wore a bright red shirt for visibility. I thought, "This is crazy, and it'll be ironic if I get hit by a car. " I was shocked by what I saw. The area was so peaceful, even at peak times. This was during the workweek. And I shared my findings with Commissioner Reyes. So I ask you, what are our expectations here? We live a mile out of downtown, maybe two miles out of downtown. Do we expect there to be zero cars on the street? Do we expect there only to be 10 cars on the street? How many cars do the people on the street even own? If you -- whether you use a conservative number, like 1.5 cars per house -- Vice Chair Gort: Wow. Chair Russell: Thank you very much, sir. Mr. Royer: Thank you very much. Vice Chair Gort: Wow. Mr. Royer: Five cars on the street should be expected? Okay. That's interesting. Vice Chair Gort: No, that -- Chair Russell: Good morning, ma'am. Chrissy Rabi: Good morning. Vice Chair Gort: -- five per homes. Ms. Rabi: Good morning. My name is Chrissy Rabi. I live on the 1800 Block of 24th Terrace. One, two, or three cars will never happen on my street; I don't expect that. But I don't expect to be threatened every day by non -data. There's other drivers that come by me when I'm sweeping my swale. Whenever I'm outside, I am constantly non -data. There's enough data already to make this happen, absolutely. I've lived in Shenandoah. I rode my bike there, as well, Mayor. I've lived in the Roads. I was hit by a car in District 2 -- no, not District -- no -- actually, District 2 and District 3; District 3, where we want to close 16th Avenue at US 1. I was hit there 25 years ago, before I moved to Silver Bluff. I was hit in the Grove and run over; on my bicycle, again. I wasn't the one being careless. I was obeying the traffic laws. I obey the traffic laws in my neighborhood and all. I drive down the streets and I go slow if I'm cutting through, if you want to call it that. I don't cut through; it's my neighborhood, and I have to get in and out of it. I choose not to ride on 24th Terrace, because I don't want to overburden it more than it already is. I do not want to be a statistic. I sat in with Luis, the neighbor you saw, whose children were almost hit. And we sat together a year ago, and brought this to you, because we are scared. Our lives are at risk, and the non -data speaks volumes that you don't even know about. Thank you. Chair Russell: Thank you, ma'am. Good morning, Esther. Esther Alonso: Good morning, everyone. Esther Alonso. I'm a resident of Shenandoah, and I'm here, of course, on RE (resolution) -- what is it? -- 6 and 9? City of Miami Page 18 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Shenandoah recently had a traffic calming study done, and the results of that study were really quite interesting. And we very much appreciate the input from staff and the explanation of what happened. And what we found was that the areas that are suffering from high traffic -- and our numbers -- I mean, this isn't a competition anyone wins. Our numbers are greatly in excess of that 2,000 per day. But we're not yelling and screaming, and saying, "Close everything down." We're saying, "Let's find a way to manage traffic," because at the end of the day, the traffic in those neighborhoods is coming from within. We do have traffic that comes from outside, and don't quote me on this number, but when -- well, one of the commanders that did a traffic stop in the neighborhood said that it -- on average, they're 85 percent local residents that are violating the speed limit. So there is a culture that has to be changed. I do believe there are studies that have to be performed that are comprehensive. Even the one that was performed in Shenandoah needs some enhancement. There were some streets that needed more data. But when we look at it, what we see is that traffics are coming from places like schools and condominiums, places where there's high density. That's not going to change by closing a street. And then, how do you arbitrarily select who's left on the outside? How do you compensate that individual for their loss in property and their loss in quality of life? We must find equitable and just solutions for our community. Weare not a fiefdom, arguing amongst ourselves, whether it's D2, D3, D4. We are one City with one problem, and that's there's a lot of people here. And we need to take the emotion out of our planning, and look at it in ways of, "How are we going to move the cars without impacting the neighborhoods any more than it's absolutely necessary?" But folks, we're going to have to take some of that traffic. And unfortunately, when we try to artificially change that, somebody else is wronged. So let's be really careful. We have an opportunity between now and the next Commission meeting to take a good hard look. And I would encourage everyone to come in with open minds and open eyes, and let's have some frank and honest conversations. Chair Russell: Thank you, Esther. Good morning. Javier Soto: Good morning. Thank you, Mr. Chairman. Javier Soto, with the Miami Foundation, 40 Northwest 3rd Street. I'm here on RE. 13. As you all know, the Miami Foundation places a huge focus on parks in public spaces as being key to advancing quality of life for everyone in Miami. First, I'd like to thank this Commission for asking the right questions of the organizers of Ultra that placed the interest of residents and the protection of our parks at the top of the City's agenda. Next, as you consider an item later today to study the possible filling in of the FEC slip at Ferre Park, we'd like to ask a couple of things: First, that environmental considerations be front and center as part of this review, including that our leading environmental organizations be at the table as you conduct this study; and second, that this action be combined with -- and take the opportunity to create the collective world-class vision for Ferre Park that we've been talking about for so very long. We think this is the right opportunity to build that collective vision, to identify the resources to make it a reality, and turn all of Ferre Park -- the parkland that's there now and any parkland that may get added in the future -- into that world-class park that we've been promising this community for four decades. Thank you. Chair Russell: Thank you, Mr. Soto. Good morning. Jason Dahn: Good morning. Jason Dahn, 2345 Southwest 24th Terrace. I want to thank Commissioner Reyes for bringing the traffic issue back out, and for all the Commissioners and the Mayor for talking about this. The Miami Comprehensive Neighborhood Plan is not being applied fairly. Neighborhoods are getting blocked streets, chicanes, all kind of traffic mediation that Silver Bluff is not getting. It's not fair. It really should be addressed. You can ride a bike through Silver Bluff on one City of Miami Page 19 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 day, and it's a great neighborhood. On another day, you're taking your life in your own hands; the traffic studies bear that out. 24th Terrace bears 35 percent of all cut -through, crossover traffic. There are streets in Silver Bluff that have zero, because those streets are effectively blocked by hard medians at 27th, 22nd Avenue. We want a comprehensive solution; that's the only way to really do this. Put chicanes on 20 -- 17th Avenue, we put in place the 22nd Avenue plan. Beautiful plans have been set up. How we get that through the County, I'm not sure. But in March, we had a traffic meeting with Commissioner Higgins. 90 residents of Shenandoah and Silver Bluff showed up for that meeting, passionate, wanting solutions to traffic. Very few association meetings get those kind of numbers. I found it fascinating that Commissioner Higgins didn't bother to even Tweet about that meeting; it's as if it didn't exist. We need to rally these forces. Commissioner Reyes, you tell me when you want to meet with Alice Bravo, and I will bring 20, 30, 50, a hundred residents with me to that meeting to help them understand we need help. Commissioner Reyes: That meeting is being set up -- Chair Russell: Thank you. Commissioner Reyes: I'm sorry, I'm sorry. That meeting is being set up with -- I mean, I'm already -- we're already working on that meeting. And we're going to also present our plans that -- you saw those plans that I -- we had for 22nd Avenue that was going to eliminate cut -through traffic in -- I mean, you would have to turn and turn, and made it more difficult. And also, it was going to embellish 22nd Avenue,- that venue;that it was totally discarded. I'm coming to that meeting with those plans, with every single plan, seeking no left turns and the whole nine yards. Mr. Dahn: Bring those plans to the next association meeting. Commissioner Reyes: And then I will let you know, and if I need to rally the troops and go back there, I will come to you. Mr. Dahn: Thank you, sir. Thank you all. Chair Russell: Thank you very much. Good morning. Councilwoman Katie Petros: Good morning. I'm Katie Petros, one of the councilmembers on Key Biscayne, and I'm coming before you on an item I'm assuming got pulled, which was whether or not Ultra would be allowed to proceed. We've all heard the information that they're not going to come back to Virginia Key next year. And as I stated at your last meeting, I really feel that this is bigger than Ultra. I feel -- I want to work with you so that we can both present future development plans and events together to our two communities, so that we don't feel like we're in an adversarial position. So I'm coming before you to pledge that again, to ask that we meet and that we try to figure out a way so that both our communities feel served. And you can obviously work with your asset, and we can assure our community that we're working together for the interest of both. Chair Russell: Thank you very much. Councilwoman Petros: So please reach out to me. My email: Kpetros(,'*ybiscayne.florida.gov. Chair Russell: Thank you. Councilwoman Petros: Thank you. City of Miami Page 20 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: Sorry I didn't recognize you earlier. Good morning. Paul Quinn: Good morning. My name is Paul Quinn. I'm a shareholder with the law firm of GrayRobinson, P.A. And with me today is my law partner, Barbara Fehr. Mayor, Commissioners, and staff, it's an honor to be here this morning. We respect your time and want to keep our remarks succinct. GrayRobinson is a Florida -based law firm, with offices in Miami and throughout the State. The team we have assembled for this project has a depth of experience in real estate, long- term ground leases, land use, and stadium development, and financing transactions. Specifically, we represented the City of Orlando in connection with the acquisition and development of land for the Orlando City Soccer Team. After the sale of the property was completed, our firm represented Orlando City Soccer in connection with the construction, financing, and development of the stadium. We continue to represent Orland City Soccer in connection with its ongoing legal work, and environmental remediation affecting nearby parcels of land acquired by the team. I recently was a real estate partner, representing the Indian River County Hospital District, in connection with a 75 year long-term ground lease of government-owned property, which was leased to the Cleveland Clinic Foundation. We're intimately familiar with the Florida Constitutional Overlay on such transactions, and also with ground lease drafting, and negotiation of lease documents that will involve the City of Miami for many years to come. Our team has a breadth of experience in Government in the Sunshine Laws and environmental laws, as well. We see this transaction as unfolding in two steps: First, the drafting and negotiation of a long- term ground lease; and second, addressing the issues the City will face as soccer finances its leasehold interest in constructed stadium, all of which involve a unique set of legal experiences for which our firm is uniquely suited. My law partner with me today, Barbara Fehr, and myself, would be the lead attorneys for the long-term ground lease and related real estate matters. We look forward to the opportunity of working with the City on this exciting project. Thank you for your time. Chair Russell: Thank you very much. Good morning. James Stepan: Good morning, members of the Commission. My name is James Stepan. I'm an attorney with Dickinson Wright. Dickinson Wright is a 475 -lawyer national law firm. I'm also here on RE.8. I'm going to make this really short, because I know you have a lot of proposals from excellent law firms. The main reason why I think the City should hire Dickinson Wright is we just did this on behalf of the City of Nashville, for the new Nashville FC -- MLS (Major League Soccer) Team; the one that's going to start playing in 2020, at the same time as the Inter - Miami. As I said, we just did this. We have the experience. Our rates are also reasonable, and we're open to blend -in rates from negotiation on that. Other stadium experience that we have is representing, for example, Maricopa County, Arizona, with respect to the Arizona Diamondbacks Team; the City of Glendale, with respect to the Phoenix Coyotes NHL (National Hockey League) Team; bond counsel for the Michigan Strategic Fund for bonds for the construction of the new arena for the Detroit Red Wings and Detroit Pistons, and -- let's see -- also, the City of Detroit for negotiating development and concessions management agreements with the Tigers and the Lions. As I said, I'm going to make this very short. At the end of the day, we believe we have the experience. We've done this before. We're also a one- stop shop. We do not need to co -counsel with any other law firms. And as I said, our rates are reasonable. Thank you for your time. Chair Russell: Thank you very much. Good morning. Reverend Lincoln: Good morning. I'm Reverend Lincoln from People Helping People, 210 Northwest 16th Street, Overtown. I'm here to object on this request for City of Miami Page 21 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 longevity for the CRA (Community Redevelopment Agency), Park West/Overtown CRA, including the Omni CRA, because the fact is that they are spending money unnecessary rather than working on the slum and blight, and I wonder why the CRA Act was ignored to amend to suit their agenda. So what is the purpose of the CRA? They are giving away money to Dress for Success, for cleaning street, and that's not their mission. Their mission is to remove the slum and blight from particularly Overtown, where we suffer immensely, with no protection, no proper sanitation; morale, very, very low. The NET (Neighborhood Enhancement Team) Office don't do nothing for Overtown, and I suggest the NET Office to be removed. Chair Russell: Thank you very much. Good morning. Steven Zelkowitz: Thank you. Good morning, Mr. Chairman, Commissioners, Mr. Mayor, Madam Attorney, Mr. Clerk. My name is Steven Zelkowitz. I'm the managing partner of Fox Rothschild Miami of ice. I'm hereon Item RE.8, and I did register as a lobbyist for this item. First and foremost, Fox Rothschild is Cuba free. We have no representation of Cuba or any parties in Cuba, or any business with Cuba. And I know that's important to this Commission; it was in the RLI (Request for Letters of Interest). Secondly, we are uniquely qualified for this project. We have a two person team. You do not need to assemble a large team. We have two attorneys, myself and Jonathan Fein, who do this work every day. I have a practice that is complex, commercial real estate transactions. For the last 25 years, I've represented governments and public/private partnerships in South Florida. I also serve as the general counsel for four Community Redevelopment Agencies in South Florida. I represented your City, the City of Miami, in connection with the Global Agreement. I did that work in consultation with your City Attorney's Office. My partner, Jonathan Fein, has a practice dedicated 100 percent to representing governments and professional sports teams in the development of stadiums and arenas. Additionally, if any other issues come up, Jonathan and I can turn to over 900 attorneys at Fox Rothschild. Lastly, we are independent. Fox has no ties to the developer, Miami Freedom Park, LLC (Limited Liability Company). We will work in connection with the City Attorney's Office to represent you, our client, the Commission. We are technicians. We are not politicians. Thank you very much for the opportunity. Chair Russell: Thank you very much. Mr. Zelkowitz: Fox Rothschild. Thankyou. Chair Russell: Thank you. Good morning. Pilar Villaverde: Good morning. Pilar Villaverde, 2171 Southwest 24th Terrace. I want to thank you for the opportunity and the courtesy you've given us to come out to you once again and give us our grievances [sic]. Thank you, Commissioner Reyes; thank you, Mayor Suarez, for putting out the resolution again. In response to the gentleman from Shenandoah that we claim to have a problem, we do have a problem. You have a problem when you have two rollover accidents, one almost fatal, with two children in a head-on collision within one year, and that was this year. So it's not a matter of "if' something fatal happens; it's a matter of "when" something fatal happens. So we appreciate your work; we appreciate your diligence. Commissioner Hardemon, we appreciate your initiative -- and Commissioner Russell --in protecting your neighborhoods. And as far as the speed bumps, the hums, the tables, whatever you want to call it, and the stop signs, 24th Terrace has four-way stop signs. 24th Terrace has speed bumps. 24th Terrace has circles. The traffic has not diminished, the speed has not been reduced, and we have a serious problem. So I appreciate your help. Please help us. That's all we can say, because at the end of the day, we rely on your governorship, so thank you. City of Miami Page 22 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: Thank you very much. Good morning. Hugo Alvarez: Good morning, Mr. Chairman, Mr. Mayor, City Manager, Madam City Attorney, and City Clerk. I'm here on behalf of RE.8 and our law firm, Becker and Poliakoff. We feel as if we are uniquely qualified to assist you with this item for a number of reasons; one of the primary ones is expertise. We have more Board- certified attorneys on our roster than perhaps any of the other law firms that are applying for this item, and that's important, because much like your City Attorney, only Board-certified attorneys can represent themselves as experts in a particular area. And I think there were some comments at the last meeting made by Mr. Carollo and Mr. Reyes that were very important, and that this is a complex commercial real estate deal. And certainly, our expertise and our law firm's expertise, with the amount of Board-certified attorneys in that area, will lend itself to aid both the City and this Commission through those negotiations. In addition to that, being uniquely a South Florida law firm, we have no ties to doing any type of business with Cuba. We are not a national law firm. In fact, we're not a full-service law firm. We have eight practice areas, and we tend to do them well. And within those eight practice areas, there are planned development and real estate. And with that being said, we feel as if Becker and Poliakoff would well serve the City, and we look forward to working with you. Thank you. Chair Russell: Thank you very much. Todd B. Hannon (City Clerk): Chair, if I could just get the speaker's name. State your name. Chair Russell: Your name, sir? Mr. Alvarez: Hugo Alvarez, with Becker and Poliakoff. Chair Russell: Hugo Alvarez, Becker and Poliakoff. Good morning. Olga Diez: Good morning. I took a vacation day to come in today to speak and our --just to find out that it got deferred. So I'm up here, because I might not be able to make the June 27 -- or whenever it was deferred to. Chair Russell: You're welcome. "You're very welcome to be here," is what I'm saying; not "You're welcome, " as in -- you're -- you -- We find you very welcome. Thank you. Ms. Diez: Thank you. I've lived in this neighborhood for many years. I first -- I grew up in Shenandoah, and I now live in Silver Bluff. I'm here to stand up for my neighbors. I don't live on 24th Terrace. I've seen the horrible traffic that they have. It's not right. Many things did not exist in this area when I moved here. There -- you know, there wasn't the -- it wasn't Ways, to start with, which has made things crazy in our area; there wasn't all these monster apartment buildings that are going up on 27th Avenue; there wasn't the crazy stuff -- to keep it clean -- that the County did on 27th. I mean, what the heck was that? That's -- you know -- made things even worse. There wasn't the CVS, you know, which has also brought a lot of traffic into our area. There were many things that didn't exist, which has brought on all this horrible traffic. We ask you all to please help us. You know, I don't know why you're so against to closing the neighborhood. Would it be so horrible to close 27th and 17th? You keep -- you know, there won't be any more of this cross -traffic. They'd be forced to go to US.], which is where they should be; not cutting through our neighborhood. 22nd would still be open. Everybody could still get to where they City of Miami Page 23 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 need to get to. We would just get rid of all of the people cutting through our neighborhood. Thank you. Please help us. Chair Russell: Thank you very much. Good morning. Mr. Hannon: Chair, if I could just have the speaker's name? Chair Russell: Speaker's name, please, ma'am? Ms. Diez: Olga, and I live on 24th Street. Chair Russell: Olga? Ms. Diez: Olga Diez. I live on 24th Street. Chair Russell: Olga Diez. Thank you very much. Good morning. Edward Marcus: Good morning, Commissioners. Thank you very much for the opportunity. Edward Martos, offices at 2525 Ponce de Leon Boulevard. I am one more lawyer asking for the opportunity to serve. I'm hereon behalf of my law firm, Weiss Serota He#inan Cole and Bierman. There are three reasons we'd like to represent you with respect to RE.8. The first and foremost is that we already work with the City Attorney extensively. In fact, we've been working with the City Attorney's Office for 27 years, since our founding. We were founded on --around a practice that represents government. And currently, we represent over 17 local governments in South Florida. In that representation, we have built up a stable of attorneys who have expertise in all areas, all facets of not only the municipal issues that arise, but also real estate law, sports law, and other matters. To give you some examples, Miramar is one of our clients. We're very happy to serve there. We've represented them in the development of the Miramar Town Center, a 54 -acre real estate deal that also involves some municipal facets. We represented the City of Homestead in the development of their speedway, and also their spring training sports facility. We represent the City of Miami Gardens in connection with their negotiations with the Miami Dolphins and the redevelopment of their stadium, but also the commercial areas surrounding that. Again, it's a real estate deal, and that's what you need at the City. And final -- the third reason is we're the right size. A lot of large firms have stepped up; a lot of strong firms, we agree. But you don't need a large firm. You don't need a huge network that spans the country. You don't need the overhead that comes with a large firm. You don't need a small firm that can be taxed. You need the right size firm with the right experience. Our firm, with 75 attorneys, many of whom came from large law -- our head of our real estate practice is from Greenberg; I'm a proud alumni from Greenberg; the head of our Municipal Finance Department is from Greenberg -- all of these attorneys will come together and properly represent you. Thank you very much for the opportunity. We'll be available for questions. Chair Russell: Thank you very much. Good morning. Beba Mann: Good morning. My name is Beba (UNINTELLIGIBLE) Mann. I am here to speak on Item RE. 3; however, I would prefer to speak when the item comes up. Is that possible? Chair Russell: Which item is it you'd like to speak on? Ms. Mann: RE. 3, which is being proposed by District 3 Commissioner Carollo, who is not here right now. City of Miami Page 24 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: Only if they have a question for you. This is actually the time for public comment in this moment, so. Ms. Mann: Can I wait then, when they're back, so I can speak? Chair Russell: Well, we assume he's at -- he is listening. It's -- Ms. Mann: Oh. Chair Russell: -- because there's speakers throughout the building, and we have it in our offices; even in the bathrooms. Ms. Mann: Okay, great. Chair Russell: So. Ms. Mann: Then I will speak now than. Chair Russell: And you're on the record, as well, so we have it. Ms. Mann: Okay. Well, for those that are not familiar with my neighborhood, which is a very small, little pocket in District 3, it is a pocket between 17th Avenue, 13th Avenue, Coral Way, and US.]. It's triangled [sic] shape. We have only one street open to 17th Avenue. We are literally five to one. When the traffic starts coming in the morning, it's coming in from five streets into one street, and they're all trying to get to that light on 16th Avenue. Not only do I get the traffic that's cutting in from my neighbors on the west of 17th Avenue, but it's traffic that's coming from Pinecrest, it's coming from Coral Gables, it's coming from South Miami, and I don't want to know what's going to happen when those two buildings along US.1 get built. We are inundated with cars. We have 150 -- 140 lots in that little triangle; yet, we have 2, 000 -- over 2, 000 cars per street in our area. We have 23rd Street, which is only two blocks short, 2,000 cars. I can't get out of my driveway. We have 16th Avenue, which have 18 -wheelers coming through from off of I-90 -- US.1 to get to Coral Way. We have speeders. We are the only ones that have a circle and four stop signs, demanded by the County. Why? Because we have so much speed. And this was done back at the early 2000, okay? Our traffic pattern has increased tremendously since the year 2000, since we have started to go developing vertical. Just to give you an idea here, I have some numbers that I wrote down, and I had a little thing that I wrote, because I wanted to give you a little history. I have lived in this home, my home, since 1964. I grew up in that house. That was the house my mom purchased when we arrived here from Cuba. We have -- like I said, the trucks - - everything coming through. And Southwest 16th Avenue had on one day recorded 2,082 cars recorded. This is on record. All of the cars that come in our area are not from my neighborhood, obviously. We're only 140 lots. We are under water with cars. More importantly, our elected officials should refer to our comp plan and force the County to do their job. By closing some streets, the traffic will have to return to where it belongs; to Route I and the County. We will have more pressure to do something, anything; thereby, taking the pressure off of your shoulders. Chair Russell: Thank you very much. Ms. Mann: Now, there's goals and objectives in our comp plan that are very, very important, and the most important goal is the first one, which is maintain a land use pattern that protects and enhances the quality of life in residential neighborhoods. Then we have Policy LU1.3. The City residential, commercial, industrial revitalization programs will continue to place highest priority on protecting neighborhoods threatened with declining conditions; second priority, to reversing City of Miami Page 25 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 trends in declining areas. Then we have Policy LU1.69. The City's land development regulation, which establishes mechanism to mitigate the potentially adverse impacts of future development on the existing neighborhoods -- Chair Russell: Ma'am -- Ms. Mann: -- through the development of appropriate transition standards and buffering requirements. Chair Russell: Thank you. I'm sorry, the time has longed elapsed. Ms. Mann: Okay. Hopefully, you'll let me talk when the item comes up. Chair Russell: If the district Commissioner of the item would like to ask you some questions or anything. Ms. Mann: Okay. Thank you. Chair Russell: Thank you very much. Good morning. Steve Wernick: Good morning, Mr. Chair, Commissioners. Steve Wernick. I'm here -- resident, 2501 Swanson Avenue. And I'm here to speak about RE. 11, Little Free Libraries; huge proponent of Little Free Libraries. I've seen an amazing experience in our neighborhood where kids have come together with the parents. There's a community art project. It's for kids only. It brings kids from around the neighborhood. They're walking, they're reading. It's about community engagement. So I think it's great that we're doing something to promote it. I would -- in looking at the item, I would just suggest there are a couple of requirements that seem a little bit -- maybe burdensome for, you know, the typical resident, families; you know, like putting a covenant on the property. I think you might be able to accomplish some of that just through the --you know, a simple permit that needs to be obtained from the NET Office, or whatever the standards are, I certainly understand -- you know, want to have some standards in place, but I would just ask that you encourage this and not make it too much of a burden for families that want to have this in their community. I think it's a great thing. Thank you. Chair Russell: Thank you very much. Good morning. Ana Maria Pando: Good morning. My name is Judge Ana Maria Pando. I am very happy to be here. Not too long ago, I was sitting right there. And I'm here today because we have -- I have, in conjunction with Moises Grayson and (UNINTELLIGIBLE) Duran and their firms, we have also submitted a letter of interest. And I was up until very late last night going through these very lengthy proposals, and I was very impressed. And -- but I just didn't understand one thing -- I didn't understand one thing: Why is all this necessary? This is really just a lease. It's a 99 year lease. Mr. Grayson, who's part of my team, has been doing this kind of work for 37 years. If he would be allowed to speak, he would tell you, "This is my world 24 hours a day and 365 days a year. " He worked on the vertical mall on Lincoln Road, which is a project very similar to this one. He's involved in development, construction, and financing, which is what the Letter of Interest requires from the team. Mr. (UNINTELLIGIBLE) Duran is a mediator, and I say that because it -- I'm sure that the meetings can get quite heated. This is a lease, very high-profile lease, involving high-profile people, but at the end of the day, it's just a lease. You don't need -- there's a firm that's bringing in a gentleman from Germany. There's another firm that's bringing in a firm from Connecticut. We don't need all -- you don't need all this. And, of course, I suggest that you look at those hourly fees. All that transcends into a very high price tag for the citizens of the City. City of Miami Page 26 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 And then Mr. (UNINTELLIGIBLE) Duran is in -- has been engaged in real estate transactions. He's done over a thousand real estate deals; two very successful deals that we've been able -- he and I have been able to do for the City. And now, going to me, I'm sitting here and I'm -- you know, I'm going back to my 10 years as a City Attorney. I handled probably every single issue that you talked about here today. Chair Russell: Thank you. Ms. Pando: I was at the Police Department, and when something's about -- when something -- when you're at the Police Department, everything eventually becomes a police issue. As a judge -- Chair Russell: Thank you. Ms. Pando: -- and Mr. Chairman, just give me just one -- well, just one more minute. As a judge, when I had to say "no, " and make the difficult decisions to do the right thing for the people before me, I did it, and that's what I will do. And all this will come to you with a very low price tag, because we're talking about a small - - three small businesses -- Chair Russell: Thank you. Ms. Pando: -- with 15 lawyers, and we can do this anywhere between -- with an hourly fee of $250 to $350. Chair Russell: Thank you very much. Ms. Pando: Thank you for your time; pleasure seeing you all, and thank you for everything that you do for this great City. Chair Russell: Thank you. We have a member of the public -- Ms. Pando: And I'm going to stick around just in case you have any questions. Chair Russell: Of course. We have a member of the public in the front row who would like to speak, please. Peter Anderson: Chairman Russell, Commissioner Reyes, Vice Chairman Gort, Commissioner Carollo, and the Honorable Mayor Suarez, I'm here on behalf of 24th Terrace. I've lived there all my life. I've had five cars totaled in not as many years. I had a rollover with my neighbor, where two kids almost got killed, and he got killed almost, I mean, right in front of us. There's been multiple rollovers; not only the two just on our street. Just down the road on 24th Terrace, the rollovers -- How do cars roll over? Speed. And these bumps, these circles, they just -- I don't know; they go airborne. I don't know what "deferment" means, but I know we're just here to speak. But I want to thank you for keeping it, because my neighbors' kids are like my kids, and -- I don't know. Yes, if you want to block our street, I want our street blocked. Yes, the other people are going to get jealous or whatever, but they haven't had the burden of being the cut -through street. They have not had the burden of being the cut -through street. We've had that title for my whole life, and nobody cares about us. You know, you can't go -- in the morning, you can't go across. They block, trying to get onto 17th -- I mean, going to the hospital, Mercy Hospital, going onto 7 -- US.], they -- you can't get across to go to the store in the morning, you know. They block the box. You can't come in. I mean, there's -- nobody cares. I wanted to read some other things here, if I can; it's from the Declaration of Independence. "When in the course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another to assume among the City of Miami Page 27 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 powers of the earth the separate and equal station to which the laws of nature and the" -- "and nature's God entitle them" -- am I above two minutes? Char Russell: Your time is up, sir. Mr. Anderson: I'm sorry. Chair Russell: That's all right. I really appreciate -- Mr. Anderson: The one thing -- Chair Russell: -- your words. Mr. Anderson: -- I waited so long. One thing is most important. Please, I have really waited a long time. Chair Russell: I understand. Mr. Anderson: "That to secure these rights, governments are instituted among" -- wait. "Laying the foundation, the principles of organizing its powers in such" (UNINTELLIGIBLE) "to them shall seem most likely to affect their safety and happiness"; our safety and our happiness. We don't hardly have any happiness anymore. Chair Russell: Thank you. Mr. Anderson: And safety is out the window. Chair Russell: Thank you. And for your information, a deferral is when the body or the Administration is simply not ready to take action or discuss the item officially, so we set it for another agenda meeting, so it'll be brought up and public will have a chance again to speak at that time, and that's June 20 -- Mr. Anderson: I -- it seems like I didn't get enough time. Other people have gone way beyond that two minutes. Chair Russell: Yeah. It -- Mr. Anderson: And I didn't -- Chair Russell: Sir, I try to be as polite as I can to control. I don't like to gavel anybody, because I know it's your time. But we do have a two -minute limit. I apologize if I let anyone go over. Mr. Anderson: And I've been passed so many times. Chair Russell: Who is the next? Go ahead. Unidentified Speaker: You want to go first? Go. Daniel Milian: Good morning, Chairman, Commissioners. First and foremost, Daniel Milian, 1395 Brickell Avenue. I'm here on behalf of Fowler White Burnett and our partners, O'Melveny, as well. First and foremost, I want to go ahead and introduce the team we've brought here: The Co -Chair of our Real Estate Department, Mr. Richard Wood; we have Luis Konski; and we also have Mr. Irwin Rai, Co -Chair of the Sports Department for O'Melveney. I know we have a very limited time, so I just wanted to go ahead and introduce us, ourselves. We've been City of Miami Page 28 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 here for over 75 years, and we have all the experience that is necessary to go ahead and do the Melreese Project. When we first got the RFI [sic], I went ahead and I looked at it, and I said, "This is perfect for our firm. " This -- we do all these things. The only thing that we needed there was one little component, which was the stadium negotiating. So we went ahead and reached out to who I believe is one of the best people in the country to do any sort of substantive negotiations regarding any sort of major league sports -based stadium. So we went ahead, and we have him here today to go ahead and answer -- speak and answer any questions that you may have regarding any of the criteria that we have and any experience that we have. Not only have we been here for 75 years, but we have the experience, the knowledge, and the reputation to get this job done. So with that said, I want to go ahead and have Irwin speak a few minutes, if he may. Irwin Rai: Good morning, Commissioners. Thank you for the opportunity to be here. As Daniel said, my name is Irwin Rai. I'm the Co -Chair of the sports practice of O'Melveny Myers, and this is actually what I do for a living; it's all I do. My focus is in the business of sports, and (UNINTELLIGIBLE) stadium development. And it's something I really enjoy, and I'm passionate about. And I'm very fortunate, and I'm very fortunate of the fact that I've actually done deals in this community, because I'm from here. I'm first -generation American. I grew up in Miami Beach. I'm barred in Florida; went to the University of Miami. I represented Major League Baseball in the Florida Marlins transaction, the Miami Marlins transaction; represented the Dolphins; I've done deals here, and I've done deals all around the country. And these deals are complex. Yes, it is a real estate transaction, there's no doubt about it. But the interplay between the sports development and the real estate development is enormously important. And having a knowledge base for individuals to be there to answer questions and think through issues is imperative. And so, I respectfully appreciate the opportunity to be here and the opportunity to present before you, and we're here to answer questions. I know we have a very short period of time, so when the opportunity presents itself, I'd love to answer any questions you may have. Thank you so much. Chair Russell: Thank you very much. Good morning. George Chen: Good morning, Mr. Chairman, Commissioners. My name is George Chen, and I am a partner and Executive Committee member of the law firm, Bryan Cave Leighton Paisner. I'm here to address Item RE.8. We thank the Commission and the City for the opportunity to address at this time. With over 1,400 lawyers in our firm, 31 offices across the globe, we are -- we're one of the largest law firms. And with that, we are here today to bring world-class experience in real estate and world-class experience in sports law to this world-class City of Miami. We have the fourth largest real estate practice of any law firm. We have closed over $75 billion in real estate transactions in just the last two years. In our sports practice, which also is internationally ranked, we have closed approximately $2.5 billion in naming rights, in sponsorships for various venues and sport arenas across the country. We understand the complexities in-house of how the real estate and sports practices combine, how they are interrelated. We understand what it takes to make -- have a successful real estate development, both in terms of the City's economic interests, as well as in terms of the residents who live nearby. We understand that we need to address traffic, green space, and a variety of other matters. We welcome the opportunity to answer any questions that the Commissioners may have. My colleague, Mr. Romero, from our Miami office, has given to the Clerk some documents to hand out, and we have some additional supplemental materials that he would like to distribute to you at this time. Thank you. Chair Russell: Thank you very much. Is there anyone else here for public comment? Good morning, Mr. Prieguez. City of Miami Page 29 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Manuel Prieguez: Good morning, Commissioners. Good morning, Mr. Carollo. I'm here in support of RE. 16 Manny Prieguez, 4000 Malaga Avenue, Miami, Florida 33133. Commissioners, do you all remember -- I want to say about eight months ago -- that you amended your Code, lowering the fees on booting? Commissioner Russell, you were the sponsor of that legislation. It was a good thing back then. And what you are seeing with these fake parking tickets is a result of you having lowered the fees, because now, the bad guys, the bad operators, the irresponsible property owners have pivoted into a new scam, and that new scam is issuing fake parking tickets. It looks like it's something that's coming from the Police Department or from the City of Miami and it's all nonsense, and it's illegal for them to be doing. While I applaud the Mayor for having brought this up -- and I just wanted you to make -- be aware that the reason why this is, it's a consequence of the good legislation that you all passed six, eight months ago, reference the exorbitant fees that were being charged by the booters. So thank you very much. Chair Russell: Thank you. Is anyone else here for public comment? Good morning. Brenda Betancourt: Good morning. 1430 -- Brenda Betancourt, 1436 Southwest 6th Street. My concern is not so much about the parking lot with the lot that has been doing it; it's -- I'm concerned about the tow companies that go around, and even though if the businesses are not calling them, they are still towing cars. And some of our citizens have been complaining about it, because, unfortunately, we have a lot of tow companies that -- or a list of drivers that don't have no -- the best reputation in our City. And we have one -- apparently -- tow company that work for the City of Miami, but they're still towing cars, even though if the City doesn't call them. So I will -- I'm just trying to make sure that you guys are aware of those complaints. And just a quick question for all of you. Those citizens who has a handicap stickers, that they are getting tickets, because after four hours, they are not allowed to be parking in the street. Did we really want to put the burn in citizens who have the handicap stickers and park somewhere to go any -- doing their activities, and after four hours, they get ticket? What is going to happen if they are - -? Why not alleviate the seniors? Why giving them more trouble than they already are? So I hope that you guys try to consider those, because they are people that have to pay $18; that maybe it's not important for most of us, but for seniors who get $500 a month, it makes a difference. So I hope that you guys can actually think about it. Mr. Noriega, think about it. It's not just about collecting money, which the City is very good at it, especially in the Park Authority, so please. In reference of the Ultra, I'm happy that they are not here. I used to live in downtown Miami, and the reason I sold my condo was for exactly that reason, Ultra. So I hope that we can actually have better festivals where there are not drugs are involved. Chair Russell: Thank you very much. Good morning, Mr. Crespo. Al Crespo: Well, good morning. How's everyone? I wore orange today to symbolize that I'm like the measles; I'm back. So I'm here to speak to you all about public records. I trust that some of you read my story earlier this week about the behavior of the City Attorney's Office and the behavior of the Director of Asset Management, and how he, in effect, took text messages that he received on his cell phone, converted them to emails, which was, in effect, creating new documents, and then tried to pawn them off as documents that were responsive to my public records request about the Ultra VIP (very important person) tickets. Now, some of you, Commissioner Carollo, and some of you others, have complained in the past about the fact that you all don't get the documents that you ask for; you know, all of this information that you ask for. Well, that applies across the board to everybody. Nobody's getting the documents they're asking for in a lot of cases. There's always documents that are embarrassing to the Administration. So I think that this is City of Miami Page 30 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 something you all need to look into, because if I am forced to sue the City again, this time I'm going to sue to try to get a permanent injunction. And then I'm going to go to the Bar Association. I'm going to see how many of these lawyers with the City Attorney's Ojfice I can get the Bar to slap some penalties on, because this is completely unacceptable behavior, what's been going on with these public records. Thank you. Chair Russell: Thank you, Mr. Crespo. Is there anyone else here who would like to speak to this dais or the public during public comment? Anyone else for any item on the agenda this morning? All right. Thank you very much. We'll be closing public comment. MV - MAYORAL VETOES NO MAYORAL VETOES (Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the City Clerk as the first substantive item(s) for City Commission consideration.) Chair Russell: Are there any mayoral vetoes, Mr. Clerk? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Russell: Thank you very much. END OF MAYORAL VETOES City of Miami Page 31 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 141eQ9101ki61A►kreCe7A►197A The following item(s) was Adopted on the Consent Agenda 5686 A RESOLUTION OF THE CITY OF MIAMI COMMISSION Department of AUTHORIZING THE ACCESSING OF THE MIAMI-DADE COUNTY Building ("MDC") CONTRACT NO. 8254-1/22-1, FOR REPRODUCTION AND BINDING SERVICES FROM VARIOUS VENDORS, FOR THE BUILDING DEPARTMENT ("BUILDING"), PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH VARIOUS PRE- QUALIFIED POOL OF VENDORS, WHICH WAS COMPETITIVELY SOLICITED AND EFFECTIVE THROUGH OCTOBER 31, 2022, SUBJECT TO ANY RENEWALS, EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY MDC; ALLOCATING FUNDS FROM BUILDING'S ACCOUNT NO. 04004.282000.534000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0170 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.], please see "End of Consent Agenda. " Citv ofMiarni Page 32 Printed on 07/08/2019 RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon CA.1 RESOLUTION 5686 A RESOLUTION OF THE CITY OF MIAMI COMMISSION Department of AUTHORIZING THE ACCESSING OF THE MIAMI-DADE COUNTY Building ("MDC") CONTRACT NO. 8254-1/22-1, FOR REPRODUCTION AND BINDING SERVICES FROM VARIOUS VENDORS, FOR THE BUILDING DEPARTMENT ("BUILDING"), PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH VARIOUS PRE- QUALIFIED POOL OF VENDORS, WHICH WAS COMPETITIVELY SOLICITED AND EFFECTIVE THROUGH OCTOBER 31, 2022, SUBJECT TO ANY RENEWALS, EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY MDC; ALLOCATING FUNDS FROM BUILDING'S ACCOUNT NO. 04004.282000.534000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0170 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.], please see "End of Consent Agenda. " Citv ofMiarni Page 32 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 CA.2 RESOLUTION 5651 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF Office of Grants FUNDS FROM THE CITIES FOR FINANCIAL EMPOWERMENT Administration FUND, INC., A DELAWARE NON -STOCK, NON-PROFIT CORPORATION ("CFE FUND"), IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SIXTY-SEVEN THOUSAND, FIVE HUNDRED DOLLARS ($367,500.00) ("GRANT"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "SUMMER YOUTH EMPLOYMENT & FINANCIAL EMPOWERMENT EXPANSION PROGRAM 2019" FOR THE PURPOSE OF EXPANDING AND SUPPORTING UP TO ONE HUNDRED (100) ADDITIONAL SUMMER YOUTH EMPLOYMENT OPPORTUNITIES WITH LOCAL BUSINESSES AND ENTITIES AS WELL AS CONTINUING TO ADHERE TO ESTABLISHED PROGRAM COMPONENTS TO CONNECT PARTICIPANTS TO FINANCIAL COUNSELING AND BANKING OPPORTUNITIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE GRANT AWARD AGREEMENT AND ANY AND ALL AMENDMENTS AND EXTENSIONS THERETO, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT SAID GRANT AWARD. ENACTMENT NUMBER: R-19-0171 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.2, please see "Public Comment Period for Regular Items, " and "End of Consent Agenda. " City ofMiarni Page 33 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 CA.3 RESOLUTION 5687 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Department of THE BID RECEIVED ON FEBRUARY 13, 2019, PURSUANT TO Police INVITATION FOR BID ("IFB") NO. 995381 FOR EVIDENCE TAPE AND ASSOCIATED ITEMS FROM PEAVEY CORPORATION, DBA LYNN PEAVEY COMPANY ("LYNN PEAVEY"), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE MIAMI POLICE DEPARTMENT ("POLICE"), ON AN AS NEEDED BASIS, FOR AN INITIAL TERM OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, ALLOCATING FUNDS FROM POLICE'S GENERAL ACCOUNT NO. 00001.191501.552100.0000.00000, AND OTHER SOURCES OF FUNDS, SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL, AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, 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-19-0172 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.3, please see "End of Consent Agenda. " CAA RESOLUTION 5709 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE "GANG Police PROJECT TITLED AND YOUTH VIOLENCE INTERVENTION PROJECT;" APPROPRIATING FUNDS CONSISTING OF A SUBGRANT FROM THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, JUSTICE ASSISTANCE GRANT, IN THE AMOUNT OF $35,518.00; ALLOCATING FUNDS FROM THE CITY OF MIAMI'S ("CITY") POLICE DEPARTMENT'S SPECIAL REVENUE FUND, ACCOUNT NO. 12000.191004.514000 AND CITY FUND CONTRIBUTION OF $74.00, FROM GENERAL ACCOUNT NO. 00001.191004.514000; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR ACCEPTANCE OF SAID GRANT. ENACTMENT NUMBER: R-19-0173 This matter was ADOPTED on the Consent Agenda. Citv ofMiarni Page 34 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Note for the Record. For minutes referencing Item CA.4, please see "End of Consent Agenda. " CA.5 RESOLUTION 5710 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Police EXECUTE THE TACTICAL DIVERSION TASK FORCE Public Works AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION ("DEA"), AS IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE MIAMI POLICE DEPARTMENT'S ("MPD") CONTINUED PARTICIPATION ON THE TACTICAL DIVERSION SQUAD TASK FORCE, AT A YEARLY REIMBURSABLE OVERTIME COST OF $18,343.75 PER OFFICER, FOR UP TO FIFTEEN (15) OFFICERS, FOR A TOTAL OF $281,473.11, OF WHICH $6,316.86 IS NON -REIMBURSABLE; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF ANY REIMBURSEMENT FUNDS. ENACTMENT NUMBER: R-19-0174 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.5, please see "End of Consent Agenda. " CA.6 RESOLUTION - Item Pulled from Consent 5724 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Resilience and EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE Public Works ATTACHED FORM, WITH MIAMI RIVER FUND, INC., A FLORIDA NOT FOR PROFIT CORPORATION, AND THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION, TO CONTINUE PROVIDING EDUCATIONAL PROGRAMS RELATING TO THE MIAMI RIVER FOR A THREE (3) YEAR TERM COMMENCING OCTOBER 1, 2019 AND ENDING ON SEPTEMBER 30, 2022, FOR A TOTAL AMOUNT NOT TO EXCEED $150,000.00; ALLOCATING FUNDS FROM THE GENERAL FUND NON -DEPARTMENTAL ACCOUNT NO. 00001.208000.531000.0000.00000, SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. ENACTMENT NUMBER: R-19-0179 Citv ofMiarni Page 35 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For additional minutes referencing Item CA.6, please see "End of Consent Agenda. " Chair Russell: We'll take up CA.6, please. Who's presenting? Commissioner Carollo: The question on CA.6 is: Are these funds --were they budgeted for this fiscal year? Unidentified Speaker: I believe so, sir, but I guess that's a question for the City. Chair Russell: We'll let the Administration take it up, and if you have any specific questions for the -- Alan Dodd: Commissioner, Alan Dodd, Department of Resilience, Public Works. And, yes, they are in this year's budget. We would put them into future years' budgets, but it would be subject to approval of those budget years. Commissioner Carollo: Okay. That's fine. We could vote on this, then. I'll make the motion. Chair Russell: CA.6. There's a motion by Commissioner Carollo. Is there a second? Seconded by the Chair. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Motion passes. Unidentified Speaker: Thankyou. City of Miami Page 36 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 CA.7 RESOLUTION - Item Pulled from Consent 5836 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING THE Commissioners ASSESSMENT OF NEED/FINDING OF NECESSITY (AON ) and Mayor PREPARED BY PMG ASSOCIATES, INC., ATTACHED AND INCORPORATED AS EXHIBIT "A," FOR THE EXTENSION OF LIFE OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA"); FINDING THAT THE STUDY AREA CONSTITUTES A SLUM OR BLIGHTED AREA AS DEFINED IN SECTION 163, FLORIDA STATUTES; FINDING THAT THERE IS A SHORTAGE OF HOUSING AFFORDABLE TO RESIDENTS OF LOW OR MODERATE INCOME, INCLUDING THE ELDERLY; FINDING THAT THE REBUILDING, REHABILITATION, CONSERVATION, AND REDEVELOPMENT OF THE STUDY AREA IS NECESSARY AND IS IN THE BEST INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE RESIDENTS OF THE CITY OF MIAMI AND MIAMI-DADE COUNTY AND THAT THE LIFE OF THE OMNI CRA SHOULD BE EXTENDED AS PROVIDED HEREIN; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR OF THE OMNI CRA TO TRANSMIT A COPY OF THE AON TO THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS FOR LEGISLATIVE ACTION. ENACTMENT NUMBER: R-19-0180 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Hardemon NAYS: Carollo, Reyes Note for the Record. For additional minutes referencing Item CA. 7, please see "End of Consent Agenda. " Chair Russell: CA. 7. Your question, Commissioner? Commissioner Carollo: Yes. When is the Omni CRA (Community Redevelopment Agency) tenure expire? Commissioner Reyes: 2019. Chair Russell: The Executive Director of the Omni CRA is here to answer any questions you have. Jason Walker (Executive Director, Omni Community Redevelopment Agency): Good morning, Commissioner. It's set to expire 2030; the year 2030. Commissioner Carollo: Okay. All right. Explain to me this resolution more in detail so that I could understand it a little better then. Chair Russell: Before he gets into it, just in laymen's terms from -- Mr. Walker: And Mr. Chairman -- Chair Russell: -- because we're going to get real technical real quick over here. City of Miami Page 37 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Mr. Walker: Okay. This is basically one of three documents that need to come back before this board. This is the acceptance of need study that was produced by the consultants that meets the State requirements for the requirements to get the additional extension to 2045. It's basically accepting that there still exists a need in the Omni area for a CRA, and it's accepting that report. The other two documents that we will bring back to you next month will be the Interlocal Agreement and the Redevelopment Plan, with projects for the additional 15 years. Commissioner Carollo: Well, this is what I thought this was, and my concern with this, it's obvious that the other CA [sic] that we have, the Southeast Overtown/Park West, in 11 years, the need there is not going to change. I don't know if it's the same for the Omni CRA. We're taking this 11 years ahead of time. And by us voting for this here now in this changing area, what we vote on now could drastically be a different situation 11 years from now, because these are two different types of CRAB. So that's the concern that I have with this. I think this should be left further down the road for a future Commission to deal with as it gets closer, you know, within a couple of years before it would expire; that you would have plenty of time to do it in then. I just don't need -- I don't understand why you have to vote upon this 11 years beforehand. Chair Russell: So, Commissioner, if I could respectfully disagree. The purpose of doing it now is recognizing that our funds for the next -- remaining life of this CRA are all tied up from previous agreements that were made, and our ability to effect change to slum and blight is completely hamstrung. The extension of life is what will give that ability to make up for years past, where we weren't creating affordable housing, so now that we can, and there's a lot of need that's still there that this study proves. Is that correct, Mr. Executive Director? Mr. Walker: Yes, sir. Commissioner Carollo: But why are you going to commit another 15 years, from '31 to '45, 2031 to 2045, if you don't know when you get to '28 or '29 if -- the way this district is changing, if there's going to be sufficient blight there to just fy a CRA? I know that in the other one, there is -- Mr. Walker: Yes, sir. Commissioner Carollo: -- so that's not an issue. But -- Mr. Walker: Well, the -- Commissioner Carollo: -- I don't know about this one. Mr. Walker: Okay. Commissioner Carollo: You're going to have to show me boundaries. You're going to have to -- you know, if you can show me that you have sufficient areas there that are truly not going to be changing, that it's going to be blight, I might see it different. Mr. Walker: Okay. Commissioner Carollo: But I don't see that now. I mean, I'll be willing to take this up, you know, in the afternoon or in the next meeting, if you can show me a map, show me the areas that are truly like that, but -- Mr. Walker: We have a presentation that we can present to you on the assessment of need. There's also an opportunity right now to have -- City of Miami Page 38 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Carollo: Yeah, but the assessment needs are today. Again, what I want to see is real estate. I want to see the areas that are -- the residential types, like you have in Overtown, and so on, to see how much room there is for change in that area, or areas that are not going to change. Mr. Walker: Well, there's a big -- there's been big discussion for a long time. People -- we've been talking -- the CRA Board, City Commission Board been talking about affordable housing. Let's talk about that instead of slum and blight for a second. Commissioner Carollo: But affordable housing is everything that everybody's been talking about this. There's no action taken yet -- Mr. Walker: I know. Commissioner Carollo: -- that's concrete -- Mr. Walker: Yeah. Commissioner Carollo: -- with bricks and mortars built, but there's a lot of talk in that. Mr. Walker: Yeah. Commissioner Carollo: And there's a need across the board. That's not my question. My question is having to do with the year 2030/31 to year '45. Mr. Walker: As the Chairman pointed out, the expiration date of the CRA is 2030. We have no more capacity to borrow money to do anything because of the previous commitments that have been made on that revenue until 2030. In order to take advantage of some projects that are available right now between the City, the County, and the School Board -- you have about 17 acres of land in the Omni CRA right now that you can leverage. You can raise $100 million, because the City's talking about $100 million citywide for affordable housing. The CRA Board passed a resolution to spend $100 million in affordable housing in the Omni CRA area. The only way you can do that is with an extension. The land is there, with the government land, the 10 acres from the School Board. The City owns about eight acres of land there currently; that you can leverage this TIF (Tax Increment Fund) money to invest back into those properties to build the brick and mortar affordable housing projects that you're talking about. Commissioner Reyes: Yes. Commissioner Carollo: So Mr. Executive Director, what you're telling me is that you don't have any more money now to work with. Mr. Walker: Correct. Commissioner Carollo: And you need to go way into the future, at a 15 year spread that might not be justifiable in those years -- maybe it is, maybe it's not -- to keep a CRA there. But nevertheless, even if it's not justifiable, you're going to take the money from the future to spend it now by bonding it out; and therefore, you'll obligate a CRA, whether it's needed or not, for 15 more years. Mr. Walker: Well, you could also go -- and we'll -- we can discuss that when we come back with the Interlocal and the Redevelopment Plan. And by the way, this City of Miami Page 39 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 extension has been endorsed by the County Mayor through a report that he did in January 2016, and all of that could be worked out in the Interlocal. But what we're talking about right now is $100 million towards affordable housing. And the Interlocal, going forward, could be addressed to take some money back to the City, take some money back to the County, but a project -based extension to create affordable housing today. We just had a press conference a couple days ago about the need for affordable housing. We can start this today. Commissioner Carollo: Who -- excuse me. Who had the press conference? Mr. Walker: I don't know. I read it in the newspaper that -- Commissioner Carollo: Well, I wasn't invited to it. Mr. Walker: Okay. I don't know. I read it in the newspaper. Commissioner Carollo: I got a press release on it late Friday, for it to be held on Monday. Mr. Walker: Okay. Commissioner Carollo: So -- but I don't -- Mr. Walker: But there is a plan in the Redevelopment Plan to look at the City -owned land, to look at the County -owned land; use CRA money to build affordable housing on those properties, and we think we could get about 5, 000 units on that. Commissioner Carollo: But -- that's fine, but my concern again goes to the point that you're going way beyond the 11 years that you have left, without -- not knowing if a CRA would be justifiable from the year '31 to year '45, in that area, so that you can use monies today, and then you put that area in the hook, even if it's not justifiable to keep the CRA going for those years, and that's my whole contention here. And, you know, I don't care who's in favor of it, who's not in favor of it. I'm just looking at it from my point of view on voting on it. Chair Russell: Thank you very much. Commissioner Reyes: Mr. Chair? Chair Russell: Commissioner Reyes. Commissioner Reyes: Mr. Chair, you see, since the -- I first got here, I think that was one of our first discussion -- arguments. And I want to -- also, I want to remind you guys that the first CRA, which was the Overtown/Park West Redevelopment Project, I was the economist of that CRA, okay? I was in -- I worked with Herb Bailey in creating the CRA. The purpose of a CRA is to use TIF money, which is Tax Increment Financing; that it is taking place in a particular area, and to reinvest in the area until the development, it is market driven, and it will sunset. What we're doing here, we're perpetuating; perpetuating an institution that it is taking the money of the -- all the taxes, reinvesting it in whatever purpose, because sometimes I think that it has been used as the Commissioners' piggybank. And then they -- you are denying those funds to other areas. For example -- where is the Budget Director? Mr. Budget Director, okay? From some estimates that I have -- I'm going to make sure that it is -- you see, the City of Miami is not receiving $11 million now, because those -- that is kept in the CRA for their use, you see? If you extend this, you are extending -- it is going to be -- not 2030 -- extend '29 -- that's going to be -- and it's going to be a lot more, okay? There are going to be hundreds of millions of dollars City of Miami Page 40 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 that they don't go to Allapattah for streets; they don't go to Little Havana; they don't go to Flagami, or Auburndale. Every single -- and that is the role, and -- I mean, of the CRA. The role of the CRA is to increase the tax base and then sunset and spread the wealth. That is the role of the CRA. It's not to be created in perpetuity so that area benefits for the tax increment. As you can see now, and just -- and I know that area very well, you see. And I know the land that you're talking about. You're talking about the land that it is -- that belongs to the School System, right? Mr. Walker: Yes, sir. Commissioner Reyes: That land is used as a parking lot. It's not slum or blight. And also, you are assuming that that land will not -- because the City -- I mean the School System, now they want to sell it, because the -- I don't know if they want to develop, and they are giving to us. You are assuming that it won't be developed unless the CRA expends the money on it and buys it, and that is your assumption. But given the fact that that area has been -- being developed by private investment, by private investment, and the demand for development in that area is market driven, I don't see why we are going to -- we should extend the CRA and also keep all those funds that will go for the Omni area away from the general fund that could be used for better services, better streets, and even for housing in areas like Flagami, Overtown -- I mean, Overtown has its own CRA, and it needs to be there, and it needs to remain there, because we have special needs there. Omni is not a CRA anymore. Chair Russell: Thank you, Mr. Commissioner. The -- Commissioner Reyes: You see, it is more -- let me tell you this. It is -- I mean, the conditions are much better for a CRA in Allapattah or in Little Havana than it is in the Omni now. What we're doing is a disservice to the rest of the residents of the City of Miami. Chair Russell: Thank you, Commissioner. Commissioner Reyes: Allapattah -- and by the way, by the way, those apartments that are being built there, they are not affordable. If you want to build affordable housing there, we have to very well define what it is. You see, we are benefiting an area that it is -- I mean, the residents, they are high-income residents, you see, and we're favoring them, and then we are punishing the areas that they need more -- Chair Russell: Thank you, Commissioner. Commissioner Reyes: -- development and more funds. Chair Russell: Mr. Executive Director -- Commissioner Reyes: So that's why I'm voting against this. Chair Russell: -- the current project of redevelopment of apartments in the Omni area, the five buildings, what's the average monthly rate that -- of rent that those folks will be paying when that project is complete? Mr. Walker: $600 a month. Chair Russell: $600 a month. Thank you very much. Commissioner Carollo: But this is -- these are one -bedrooms, I gather, right? City of Miami Page 41 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Mr. Walker: One bedroom -- one bedroom, two bedrooms, and three bedrooms. He asked for the average, so the one -bedrooms are a little lower than that. Commissioner Reyes: How many apartments you're going to build? Mr. Walker: I think he was talking about the ones that we're rehabbing right now. They're 44 units that -- Commissioner Reyes: No; the one that you want to build; that big, big development that I told you -- Chair Russell: We're not building that. Commissioner Reyes: -- and we discussed it. And I said, "I don't want another project here." You were talking about thousands and thousands of apartments to be build there, and low-income apartments. Mr. Walker: Yeah. We're not -- Commissioner Reyes: And we're going to do the same thing that Chicago did, and all those other cities. They're creating pockets of poverty in -- on development that - - where they did not, they did not succeed. I want you guys to leave the public/private sector -- the private sector alone, and we are dealing with them, make -- getting them -- making them provide with affordable housing, and I don't see why we should finance private development right there with CRA money, and taking money away from other districts. Chair Russell: Thank you, Commissioner. The finding of necessity is in the backup of the entire item, so you can see the boundary maps, the need, the photos, the assessment; that there is slum and blight there; that there is a need for affordable housing there that has not been addressed. It is in our backup. If you'd like them to give the presentation, they can do it now. If you'd like to table the item so you can meet with the -- those who prepared the item, we can do that. I'd like to know the will of this Commission. I believe we have all the information we need to make a decision for this. Commissioner Carollo: I'd prefer -- Vice Chair Gort: I've been -- Commissioner Carollo: -- Chairman, to -- Chair Russell: Commissioner Gort. Vice Chair Gort: Am I going to be recognized? Chair Russell: Absolutely. I didn't' know you wanted to be recognized. Vice Chair Gort: Thank you. I've been raising my hand now (UNINTELLIGIBLE) -- Chair Russell: I apologize. Vice Chair Gort: --School Board there. What can I tell you? Chair Russell: I apologize. City of Miami Page 42 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Vice Chair Gort: Let me tell you something: CRAB -- you are the economist, but I went way back with the CRA, because of the DDA (Downtown Development Authority) and Downtown Miami Business Association. Commissioner Reyes: Yeah, I remember that. Vice Chair Gort: And I can understand. We're talking about districts. The districts were created after '97, which we created our self. And we have to think about the whole City, as a whole. The CRA, the Omni CRA, when it began, if you all remember, there was a neighborhood called Buena Vista -- Commissioner Reyes: Yes. Vice Chair Gort: -- when people didn't want to do anything in there. People did not want to invest in there. Thanks to the CRA, east of Biscayne Boulevard, all the way from 36th Street down, improved a lot, and that created additional funds to be able to get funds. The CRA -- the Omni CRA took a while to really get some big money where they could do something. The Overtown/Park West, I think it took about 10 or 12 years to get any fundings [sic] to be able to do anything. Now, I think this is just an analysis. I have to look at it. I'm going to recommend to the two new Commissioners that have not been here in the past to give them the history of what has been done by the Omni CRA, what they intend to do. Also, they got to come back to us, and we can negotiate the whole thing. So much can go to the CRA and so much can come back to the City of Miami. So this is what I would like to do. What you've got to do is a study that shows there is a need. There is a need west of Biscayne Boulevard, a great need. And if we improve that area, it's going to improve the whole thing. What happened in the -- now since the Omni, the environment that it has created, it has changed it completely. You can go now to Biscayne Boulevard and that whole area. You can see the new business, the new development, the new employers that have been created in that area. These are the things we have to look at. And I agree; you've got to look at what the plans are going to be for the next 15 years, where the -- maybe it can be done before. How much of that funds we're going to use is up to us. Commissioner Reyes: Yeah. And --Mr. Chair? Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: I want to talk -- I mean, I want to address what Commissioner Gort said. It is true that the CRA have created development, but that's the purpose of the CRA; that's why they are created; that's why they are funded, you see? But not -- it's not -- they are not created to remain in perpetuity, you see? Overtown/Park West Redevelopment Project, it is different; they have different needs. And besides that, I know -- I heard -- I mean, I think that we (UNINTELLIGIBLE) that you have a little pocket next to Overtown, which is -- it has a little blight and slum, but -- can be considered blight and slum. Let's incorporate that to the Overtown/Park West Redevelopment Project, and let them manage that. But what I don't want to do is to take away future funds that could go -- that could benefit other neighborhoods and keep them in an area that it is not needed right now, because all the development there is market driven. You see, before, when Commissioner Gort was talking about Buena Vista, nobody wanted to invest there, you see? And because of using the TIF money to improve the infrastructure and the security of the area, the -- and also, it was the demand for land and development -- it has tremendously developed. And right now, it is a very prosperous area, and those funds that come from there could be used to other areas that need development, and that's what I'm saying. Let's spread the wealth, which is the role of all City. The well-to-do areas, they pay taxes in order to help the poor areas. City of Miami Page 43 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Hardemon: Mr. Chairman? Chair Russell: Thank you. Commissioner Hardemon. Commissioner Hardemon: The CRA debate is a prickly one; I mean, all the way from the State of Florida and Miami -Dade County to the City of Miami. It's undeniable that part of the reason that the CRA was created was because neighborhoods were forgotten, neighborhoods were neglected. They did not get the sort of resources that were necessary in order for them to be areas where people wanted to live, where people could live and be free of disease or crime, or any other deleterious thing that destroys these neighborhoods. And so, here we are with an area like Omni. And I think what's interesting about the Omni story is that we must not forget that the Omni CRA was once apart of the Southeast Overtown/Park West CRA. Commissioner Reyes: Yes. Commissioner Hardemon: Right? And one of our dear Commissioners who is here -- he just smiled a little bit -- was apart of the group that decided that the Omni CRA should be distinct from the Southeast Overtown/Park West CRA. You know, today, when we sit back, I don't know if that was necessarily the best idea to actually complete for a number of different reasons, but that's not the reason I'm saying this. I'm saying it because what happens in the Omni CRA is that the Omni area enjoys a better marketing, if you would, name for its area than does the Overtown area. And what I mean by that is, is that generally, when people say the term, "Overtown, " they -- because of the news media, because of things that have happened historically in the area more recently and in the past, they assert crime; they assert disease; they assert that it is a place where you don't have standard housing. And some of those things are true, but it may not be the dominating force today, right? They're certainly improving because of the work of the CRA. But what you -- what people fail to realize is that, yes, the Omni CRA has had some improvements in its areas; it's no doubt about that. However, part of the Omni CRA is Overtown. And so, there's a significant swath of land in the Omni CRA that is Overtown that has had, still, a lack of investment. We know the area, because, you know, we just participated in ribbon cuttings, where I believe the Executive Director was just describing that the average rent that they are going to be giving to people who live in these one-, two-, and three-bedroom units is about $600. And, you know, what's exciting about that is that they have a standard of living that anybody in any other community would be happy to have, and that's what we're missing in the Overtown area part of the CRA, of the Omni CRA. Additionally, there's large -- there's a lot of land there that could be developed in the future. But the problem that the Omni CRA has is that it doesn't really have any resources. Now, I'll be the first to say that the Omni CRA does not have to be extended today, but I'll also be the first to say that the Southeast Overtown/Park West CRA does not have to be extended today. I mean, there -- but there are, of course, benefits of extending it today, and if you do not extend it today, those benefits will not be actualized, both in the Omni area and in the Southeast Overtown/Park West CRA. And so, what I think, as board members of the Omni CRA, of the City Commission, we have to be cognizant of is where we intend to spend those dollars. And that's part of our policy, right? So if we intend to be board members of the Omni CRA and spend those dollars to help what is east of the train tracks -- is the way that Commissioner Gort put it -- then it's probably not the best use of those dollars. But if we intend to take those dollars and assist in the developing of a neighborhood that's been neglected, then that's the perfect thing to do. I think that in the -- you know, we -- remember, like in the Overtown CRA, that includes areas that are east of the train tracks. That includes areas that are -- they're very -- doing very well. But what we remember is this: It's their TIF dollars that are assisting us in developing the areas that don't have the revenue in order to City of Miami Page 44 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 make those improvements ourselves. It's those TIF dollars that'll give us the ability to spend tens of millions of dollars to make improvements in the standard of living for the people who live west of it. So what I'm saying is let's not forget that there are areas of need that are in the Omni CRA, but I get it. I get it. And that's why I think we need to -- you know, we have to be cognizant of it on the board level; that the Omni CRA has had some improvements in its areas that the private sector can take advantage of that they may not need assistance with. But there are areas within the Omni CRA that include Historic Overtown that the private sector does not necessarily want any part of, and in order for us to -- and what's interesting about that area is that you have a lot of homeownership there. And so, there's a -- there's - - we cannot let them be forgotten simply because they were strapped in together with the Omni CRA. And so, you know, I know this is a touchy issue, but I will tell you the State of Florida is trying to weaken CRAB throughout the State, and we have the benefit, being on this dais, being apart of these boards, to say that we have some of the best producing CRAB in the State of Florida, and I would dare to say across this nation. We are improving quality of life like none other. We are creating homeownership. We are doing a number of things that other CRAB would wish they could do, but they don't have the type of leadership that we have. So I commend you all on your leadership. And I understand that we need more money in the City of Miami. Commissioner Reyes: Yes, sir. Commissioner Hardemon: But I think the wrong place to take it from is from the CRA, because the CRA is tasked with spending it in those neighborhoods. It's not infinitely available, either; it's going to come to an end. These CRA [sic] will come to an end, and it's going to come to an end in our lifetime. And so, this is not something that's going to go on forever. And so, that's why I think I support the extension of the life of the Omni CRA. And, of course, you know I support the extension of the life of the Southeast Overtown/Park West CRA. But in relation to CA. 10, I believe that CA. 10 needs a continuance, because the Interlocal Agreement that's included in our document is not the same Interlocal Agreement that we approved when we left our last CRA Board meeting. And so, in order for us to avoid any possible legal consequences of there being a mistake of fact, mistake of interpretation, mistake of procedure, I believe that CA. 10 should be continued to the next meeting date. Chair Russell: Let's take CA. 7 first. Commissioner Reyes: Mr. Chairman? Chair Russell: Is there a motion on CA. 7? Commissioner Reyes: Mr. Chair, may I add something to that; I mean, to what Commissioner Hardemon was saying? I do understand that there are certain areas that's close to Overtown that they need improve -- I mean, they need development, and I'm going to make us a proposal. You see, I propose that -- How much, Mr. Budget Director? Chair Russell: Mr. Rose? Commissioner Reyes: Mr. Rose, how much is the City of Miami general fund losing from CRA, that is not getting from -- because of the TIF? Christopher Rose (Director, Office of Management and Budget): Is the question "all three CRAB?" City of Miami Page 45 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: No, no, no, no, no. I'm not -- I'm talking specifically. You see, that -- we have to make a distinction between what it is needed and what is not needed, you see. Yes, Overtown is needed, yes, sir, and that's why -- by the way, Commissioner Hardemon, we included Park West, because we want Park West to provide with the TIF money to invest in -- Commissioner Hardemon: You need both. Commissioner Reyes: That's right. Commissioner Hardemon: Right. Commissioner Reyes: Okay. Yes, sir. Mr. Rose: So if the question is, "How much is the City" -- "What is the increment for the Omni CRA?" Commissioner Reyes: That's right. Mr. Rose: Okay. Then in the current year, that is $11,911,340, sir. Commissioner Reyes: Okay. Those funds could come to the City coffers if we didn't have the TIF, right? Mr. Rose: Yes, sir. Commissioner Reyes: You see, that's what I'm -- that's what I am saying. What I am going to propose, Commissioner Hardemon, it is from now on, you see, those funds that they are receiving and that additional funds be -- they concentrate on that area of Overtown, which it is still they are -- they suffer from slum and blight. And bring this back, I mean, four years from now, and see what -- how it works. Commissioner Hardemon: Mr. Chairman? Chair Russell: Commissioner Gort and then Commissioner Hardemon. Vice Chair Gort: We also need to realize that, thanks to the Omni CRA, we have a tunnel, that we have financed a tunnel; we have a park, that we expand that park; and the second commitment that was made due to a Global Agreement. So a lot of the funds at that time were used according to the need of the Global Agreement. Commissioner Reyes: I have some -- Chair Russell: Commissioner Hardemon. Commissioner Reyes: I have nothing against the CRA -- Chair Russell: Commissioner Hardemon, please. Commissioner Reyes: -- you see? Commissioner Hardemon: And so, what's important about what Commissioner Gort just reflected on the record is that much of that $11 million that is being directed by the Omni CRA is still obligated; and so, we wouldn't get -- Commissioner Reyes: Yes, sir. City of Miami Page 46 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Hardemon: -- necessarily that money. Commissioner Reyes: But -- Commissioner Hardemon: So the extension of life gives us an opportunity to kind of create new projects (UNINTELLIGIBLE) -- Commissioner Reyes: -- my proposal will be to pay those -- I mean, and pay that obligation. That obligation will be due when? When will be due that -- all those bonds are going to mature? Mr. Walker: I believe the Performing Arts Center is 2030; the tunnel is 2029. Commissioner Reyes: 2030. What I would say is save TIF -- enough TIF to meet the obligation. Save TIF to meet the obligation and -- because of the bonds. Also, use anything that is left from now on in developing that area next to Overtown, and start -- whatever it is over the obligation, start bringing it back to the citizens of the City, the rest of the residents of Miami, you see? I mean, we can even reinvest in Liberty City, for example. We can invest some of those funds in Liberty City. We can invest those funds in Allapattah, or in Little Havana, or in Flagami, or Auburndale. Commissioner Hardemon: Correct. Commissioner Reyes: You know what I'm trying to do? Commissioner Hardemon: No, I understand. Commissioner Reyes: I'm trying to spread the wealth here. Let's pay what we owe and let's spread the wealth. Commissioner Hardemon: So that's part of the reason that I was a champion for the $100 million for affordable housing and economic development; to give each of our districts an opportunity to have funds where we could not establish a CRA quickly, or we could not establish a CRA at all; to improve housing conditions and to encourages businesses to be developed into these areas that are void of them. And so, you know, the one thing that we've got to remember, though, is that the County is not our friends when it comes to CRAB. The State is not our friends when it comes to CRAB. So we -- I believe that we have the best of intentions on our board level to make positive changes in these neighborhoods. But other people just don't get it. And I'll tell you, when I was in the State -- before the State of Florida, and I was talking to members of the Senate and members of the House of Representatives, they had strong feelings about CRAB, but did not understand how they work, whatsoever. And so, when I described to them these things -- you have to keep in mind, also, that they're from different areas. And so, when I say, you know, we spent -- if we proposed to spending $20 million on a development in -- say, for instance, in the Overtown community -- $20 million to someone from the middle of the State of Florida that's way west of Orlando or Kissimmee, it sounds like a great deal of money. They could redevelop their whole entire area they -- Commissioner Reyes: Yeah, yeah. Commissioner Hardemon: -- what they think. But to us, it's a drop in the bucket, you know. And so, it's those things that make -- us fighting on the behalf of the CRA is a very difficult task, besides just the misinformation that's out there about it, and that's why if -- I just believe that whatever field that we have, the playing field that we have, we need to extend it to give us some room to make those changes. And then, on the board level, we say, as a policy, "Okay. Let's spend money here; let's City of Miami Page 47 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 spend money there." And I will say that the one thing that -- well, one of the things that the Chairman has done, both of the City and of the Omni CRA, is he's proclaiming that he wants to spend $100 million for affordable housing in the Omni area; and so, to do that, he has to have the ability to bring in that money. And the only way he'll be able to do that is if he extends the life; and so, that's why I'm with supporting it. But I think you play a pivotal role in the Omni CRA of forcing his hand to make it happen. Commissioner Reyes: Yes, but, sir, I still believe that it is -- we are getting into -- I mean, that $100 million that (UNINTELLIGIBLE) have to be spent on -- which I think it is -- that the land is the school -- Dade County Public School land; that it is used now as parking. It is not blighted. It is used as parking. It's all -- used by -- as parking by the School System, and it's used by -- as parking by the Arsht Center. When there are functions, they open it up, and they park there, okay? That land, we are assuming that if the School System, they want to develop that, it has to go through the CRA, or that there is not any private -- anybody in the private sector that is willing to develop that land. I know they are, because that is prime land. You see, that is totally different than if you do it, let's say, in Auburndale, or if you do it in Overtown. You see, that needs a push. That needs some help -- be developed. And one thing that I am making clear here: That I'm totally opposed of creating another -- projects in the City of Miami, be it in the Omni, be it in Liberty City, be it in Flagami, or Shenandoah. You see, I lived in Chicago. I went by Cabrini-Green all the time, and I know what was the problem, and that was an experiment that failed, and all those buildings have to be -- I mean, they were demolished, and they started doing mixed incomes, and trying to keep the population, you see -- a blend of the population not of just lower income, as they -- it was. I am totally opposed of creating -- Chair Russell: Thank you, Commissioner. Commissioner Reyes: -- any type of development like that. Chair Russell: Thank you, Commissioner. This was placed on the CA agenda as a consent item, and I think it was done so with the idea that it is so obvious to anyone with a care for the human Commission -- condition and a recognition of that area that the need is there. And in the backup, you'll see that the need does remain there. There is slum, there is blight, there's poverty, there's a need for affordable housing. The CRA has done an amazing job at addressing these issues. Historic preservation, infrastructure, you name it, the CRA is doing its job. But because of those restrictions that everyone else brought up from previous agreements in the Global Agreement, we have not been able to complete the job, and without the extension, we cannot complete the job. So we really thought putting it on the CA agenda was where it would not earn so much discussion. But I recognize your point. I recognize the concern. I recognize the needs throughout the City. But CRAB are created in areas that continually get neglected by the City. And even when you have a CRA, parts of that CRA can continue to get neglected. Usually, you have a part of the CRA that's the engine that creates the tax and the tax increment, and then there's a part that is receiving it, that needs it, and sometimes, it gets spent imbalanced. And sometimes that imbalanced area that becomes so market rate and luxurious distracts from the need. And so, you look at the Omni and say, "Look at how beautiful it's become. We have the Arsht. We have the tunnel. It doesn't have a need anymore. " The need is so dire, and if left just to market rate forces alone, little by little, it'll push out the remaining part of Overtown that exists there, and the CRA can have a finger on the scale to incentivize development, welcome it, but steer those funds correctly; steer that investment and that development correctly to better the quality of life for the people who live there now, and not just draw in new people, and that's City of Miami Page 48 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 the goal of the CRA. So all I need to know is the will of this Commission here to extend the life of this CRA today. Commissioner Hardemon: It is. Chair Russell: It is. I'll take that as a motion. Is there a second? It's been seconded. Is there any further discussion on the item? Todd B. Hannon (City Clerk): I'm sorry, Chair. Who is the seconder? Chair Russell: This is Commissioner Gort, and this is for CA. 7. Hearing none, all in favor, say "aye." Vice Chair Gort: Aye. Chair Russell: Aye. Commissioner Hardemon: Aye. Chair Russell: Any opposed? Commissioner Reyes: Opposed. Commissioner Carollo: Opposed. Chair Russell: Understood, and noted. Commissioner Reyes: For the same reasons that I -- Chair Russell: Motion passes, 3-2. Thank you. That's CA. 6. Commissioner Hardemon, you want to continue or defer CA. 10 for --? Commissioner Reyes: That was CA. 7? Chair Russell: Yes, that was. Thank you. I apologize if I said 6. CA.7 is what we just passed. Commissioner Hardemon: Yeah. City of Miami Page 49 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 CA.8 RESOLUTION 5681 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE ASSESSMENT OF Southeast NEED/FINDING OF NECESSITY, ATTACHED AND Overtown/Park INCORPORATED AS EXHIBIT "A"; AND MAKING FINDINGS THAT West CRA THERE EXIST ONE OR MORE SLUMS OR BLIGHTED AREAS IN WHICH THERE IS A SHORTAGE OF HOUSING AFFORDABLE TO RESIDENTS OF LOW OR MODERATE INCOME, INCLUDING THE ELDERLY; THAT THERE IS A NEED FOR REHABILITATION AND DEVELOPMENT OF HOUSING AFFORDABLE TO RESIDENTS OF LOW OR MODERATE INCOME, INCLUDING THE ELDERLY, AND THAT IT IS IN THE BEST INTEREST AND PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE OF THE RESIDENTS OF THE CITY OF MIAMI AND MIAMI-DADE COUNTY THAT THE LIFE OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA") BE EXTENDED AS PROVIDED HEREIN; FURTHER DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT A COPY OF THE ASSESSMENT OF NEED STUDY/FINDING OF NECESSITY REPORT TO THE MIAMI- DADE COUNTY BOARD OF COUNTY COMMISSIONERS FOR LEGISLATIVE ACTION. ENACTMENT NUMBER: R-19-0175 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 8, please see "End of Consent Agenda. " CA.9 RESOLUTION 5682 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE AMENDED 2018 Southeast SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PLAN Overtown/Park ("AMENDED 2018 PLAN"), ATTACHED AND INCORPORATED AS West CRA EXHIBIT "A," PREPARED BY E.L. WATERS AND COMPANY, LLC.; DIRECTING THE EXECUTIVE DIRECTOR OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY TO TRANSMIT THE AMENDED 2018 PLAN AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY'S RECOMMENDATION FOR APPROVAL TO THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS FOR REVIEW, CONSIDERATION, APPROVAL, AND ACCEPTANCE. ENACTMENT NUMBER: R-19-0176 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 9, please see "End of Consent Agenda. " Citv ofMiarni Page 50 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 CA.10 RESOLUTION - Item Pulled from Consent 5683 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND AUTHORIZING THE CITY Southeast MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE Overtown/Park 1983 INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE West CRA FORM ATTACHED AS EXHIBIT "A," BETWEEN THE CITY OF MIAMI ("CITY"), MIAMI-DADE COUNTY ("COUNTY"), AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"); FURTHER DIRECTING THAT THE SEOPW CRA EXECUTIVE DIRECTOR TO TRANSMIT THE SECOND AMENDMENT TO THE COUNTY FOR REVIEW, CONSIDERATION, AND APPROVAL. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item CA.10 was continued to the June 13, 2019, Regular Commission Meeting. For additional minutes referencing Item CA.10, please see "End of Consent Agenda. " Commissioner Hardemon: I need to -- Chair Russell: Commissioner Hardemon. Commissioner Hardemon: --we need to continue Item CA.10. I'm thinking --when is the agenda due for next meeting? Like tomorrow, let's extend it to the next date. Cornelius Shiver (Executive Director, Southeast Overtown/Park West Community Redevelopment Agency): Which would be June 6. The next meetings are May 23 and June 6. Todd B. Hannon (City Clerk): June 13 is the next City Commission -- the first City Commission meeting in June is June 13. Commissioner Hardemon: Okay. And -- Mr. Shiver: Okay. So we come backJune 13? Commissioner Hardemon: Right, because we have one more meeting -- what's the meeting just after this one? Mr. Hannon: May 23. Chair Russell: May 23. Commissioner Hardemon: Okay. So then the one after that is when I'd like to hear it. City of Miami Page 51 Printed on 0710812019 City Commission Meeting Minutes May 9, 2019 Mr. Hannon: June 13. Understood. Chair Russell: CA. 10 to June 13. Commissioner Hardemon: It's a motion to defer it to -- Chair Russell: It's a motion; seconded by the Chair. Commissioner Hardemon: -- that date. Chair Russell: Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Hardemon: And then I would like to include for the record a motion to approve Items CA.8 and CA. 9, for all the reasons that were stated on the agenda [sic] before. Chair Russell: CA.8 and 9, I believe we already approved. Commissioner Hardemon: We did those? Commissioner Reyes: That's already approved. Commissioner Hardemon: Oh, okay. My mistake. Chair Russell: And CA.11, as well. And so, CA.10 will be moved to June 27, correct? Mr. Hannon: June 13. Chair Russell: June 13. Thank you. I apologize. And that is our CA agenda. Thank you very much. CA.11 RESOLUTION 5765 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND Office of Capital ENTER INTO A LEASE AGREEMENT, IN A FORM ACCEPTABLE Improvements TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") ALLOWING THE CITY OF MIAMI ACCESS TO AND USE OF A PORTION OF THE UNDERSIDE OF THE MACARTHUR CAUSEWAY RIGHT-OF-WAY FOR THE CONSTRUCTION AND MAINTENANCE OF AN OVERWATER PEDESTRIAN BAYWALK CONNECTING MAURICE A. FERRE PARK TO FUTURE UPLAND BAYWALK SECTIONS NORTH OF INTERSTATE 395. ENACTMENT NUMBER: R-19-0177 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.11, please see "Public Comment Period for Regular Items, " and "End of Consent Agenda. " END OF CONSENT AGENDA City of Miami Page 52 Printed on 0710812019 City Commission Meeting Minutes May 9, 2019 Chair Russell: And we'll take up the CA (Consent Agenda) Agenda. Is there a motion on the CA Agenda? Vice Chair Gort: Move it. Chair Russell: It's been moved by Commissioner Gort. Is there a second? Commissioner Hardemon: I need to -- Commissioner Carollo: I want to go through it; make sure that -- Chair Russell: Is there an item you might want to pull? Commissioner Carollo: Well, you -- I understand that for the purpose of going quickly, we lump -summed in a lot of stuff, but that's how things get sometimes amiss. If we could pull out CA. 6, I have a question; if we could pull CA.7 that I have a question on, also. Chair Russell: Is there a question -- you just want to discuss it? Commissioner Carollo: I want -- Chair Russell: Do you want to vote on it separately? Commissioner Carollo: Yeah. I'd like to vote on it separately so that -- Chair Russell: Fair enough. CA. 6, CA. 7. Commissioner Carollo: And CA. 10, that it's -- it goes with the other one, I believe. And that's it, I believe. Chair Russell: Thank you. Anyone else? So that's -- we're going to pull CA. 6, 7, and 10 from the consent agenda. Is there a motion on the remaining CA items? Commissioner Carollo: A motion. Chair Russell: There's a motion from Commissioner Carollo. Commissioner Reyes: Second that, Carollo. Chair Russell: Seconded by Commissioner Reyes. All in favor -- Todd B. Hannon (City Clerk): Chair? Chair Russell: Yes. Mr. Hannon: And just for the record, Mayor Suarez would like to co-sponsor Items CA.2 and CA. 11. Chair Russell: 2 and 11. Understood. Thank you very much. So there's been a motion by Commissioner Carollo, seconded by Commissioner Reyes, for CAs.1, 2, 3, 4, S, 8, 9, and 11. Is there any further discussion on the items? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. City of Miami Page 53 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: Any opposed? Motion passes. City of Miami Page 54 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 0001-1ILos: IMWNIkiN PHA RESOLUTION 5695 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), DE -OBLIGATING $50,000.00 ("FUNDS") THAT Housing and HAD BEEN PREVIOUSLY ALLOCATED TO CENTRO MATER Community CHILD CARE SERVICES, INC., A FLORIDA NOT FOR PROFIT Development CORPORATION ("CENTRO MATER") FOR ELDERLY SERVICES AND RE -ALLOCATING THE FUNDS TO CENTRO MATER FOR CHILD CARE SERVICES, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, IN THE PUBLIC SERVICE CATEGORY, FOR FISCAL YEAR 2018-2019; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0181 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: PH.1, please. Is there a motion on PH]? This is Centro Mater Childcare Services. Commissioner Carollo: Motion. Commissioner Reyes: Move it. Chair Russell: It's been moved by Commissioner Carollo; seconded by Commissioner Reyes. Any further discussion on the item? Commissioner Reyes: Nope. Chair Russell: Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. END OF PUBLIC HEARING City of Miami Page 55 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 I N;&19]11,1j111ICki&' RE.1 RESOLUTION 5815 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL City Manager's SETTLEMENT DOCUMENTS AND DIRECTING THE DIRECTOR Office OF FINANCE TO PAY FLAGSTONE ISLAND GARDENS, LLC, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF TEN MILLION DOLLARS ($10,000,000.00) TO THE PLAINTIFF IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED FLAGSTONE ISLAND GARDENS, LLC, AND FLAGSTONE DEVELOPMENT CORP. VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 17-13829 CA (44), UPON THE EXECUTION OF A JOINT STIPULATION OF SETTLEMENT, CONSENT ORDER, AND JUDGMENT OF DISMISSAL; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-19-0178 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Chair Russell: RE. 1. This is proposed settlement on Flagstone Island Gardens. Is there a motion on RE. 1 ? Commissioner Reyes: Hold on a second. Chair Russell: Did you move it? Commissioner Reyes: No. Chair Russell: No. This is the proposed settlement on Flagstone Island Gardens, LLC (Limited Liability Company); RE.1. Vice Chair Gort: My understanding was the -- Commissioner Carollo: I'm not ready for that. We, I think, just recently got some of the information we requested from the Manager yesterday. Emilio T. Gonzalez (City Manager): Yes, sir. That information was delivered yesterday afternoon. Commissioner Carollo: Yeah. I was told that side by side, but did we get the additional information on any change of wording that we requested? City of Miami Page 56 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Mr. Gonzalez: What we provided was as much as what was requested, given the fact that we were told there would be -- not be a trial extension, so we wanted to get -- package as much information that you asked for in a packet to get to you tomorrow -- last night. Commissioner Carollo: Okay. Did -- by when do you think you'll be able to give its the change of every wording? Mr. Gonzalez: Sir, the packet that you have does have side-by-side changes as the current contract, and what the changes are proposed. Commissioner Carollo: Yeah. That's the monetary that we asked for; correct, Mr. Manager? Mr. Gonzalez: No -- the monetary is in, but also, the actual substantive changes to language in the documents for the previous contract and for the one that's proposed to be voted on today. Commissioner Carollo: Okay. That's the second one that was asked for. Mr. Gonzalez: And you have those. Commissioner Carollo: But third, were you able to give us any changes in wording, whatsoever, from the old contract to the new one, so we could determine if there's anything else that's --? Mr. Gonzalez: Sir, they're side by -- there's a portion in there that's side by side, with the change in verbiage from one contract to the other; yes, sir. Commissioner Carollo: That came in late yesterday. Mr. Gonzalez: Yes, sir. Commissioner Carollo: I will try to go through it today as best I can. I'd rather table this towards the end of the meeting. And hopefully, we could discuss, if you've got them back from the attorneys, on the area that we discussed yesterday. Mr. Gonzalez: Yes, sir. Chair Russell: Thank you very much. There's a suggestion to table the item till this afternoon. What's the will of this Commission? Commissioner Carollo: I -- Vice Chair Gort: Yes. Commissioner Carollo: -- will say that even -- Commissioner Reyes: Well, I will second that. Commissioner Carollo: -- in our discussion yesterday, it --from other information I've gotten, it appears that there might even be some conflict on the date that we were told for Monday; not from our side, but from the person that gave us that date to begin with, but I don't know. There's a lot of cases that are being dealt with. Mr. Gonzalez: Sir, I wasn't made aware of that. We have our outside counsel here, and I'll defer to our counsel as to what we can't and can discuss. City of Miami Page 57 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Carollo: Well -- Chair Russell: We'll take the item up right after lunch, if that's all right, and then -- Commissioner Carollo: -- no. I'd rather take it, you know, at the end. Chair Russell: At the end of the day? That's absolutely fine, too. We only potentially have one item after lunch, at any rate, so we'll take it up at the end of the day; that way, anything you need to discuss off the dais regarding shade issues or whatever, we can see, because I know time is of the essence with this issue, so we do need to make our decisions. All right. So that's RE.1 that we will table till the end of the day. RE.2 has been -- Vice Chair Gort: Deferred. Chair Russell: -- is not for today. Later... Chair Russell: All we have left is RE. 1, which is the Flagstone settlement; and RE.8, which is selection of a legal consultant. Why don't we take up the one that's costing us an hourly rate -- Commissioner Carollo: Yeah. Chair Russell: -- versus others; RE. 1, please. Commissioner Carollo: Mr. Manager, RE. 1. I just want you to put on the record that it is only going to cost the City $20 million -- no more -- in the way that it's been described to us, and I'd like for you to describe it on the record, so there's no misunderstanding, and that there's no other hidden costs, benefits, whatsoever, that is going to have a financial impact on us more than what has been stated. Emilio T. Gonzalez (City Manager): Yes, sir. Commissioner Carollo: The fact that they're getting a better deal in order to be able to spin this off to someone else will benefit everybody, so that's fine if we could accomplish that, so they could flip it as quickly as they can, but you'll have my vote. I'll even make the motion for you, even though I didn't get us into this mess; I wasn't here then; and if I would have been, I would have fought tooth and nail not to approve this; not because I think that, you know, these are Boy Scouts, but because of the way it was done, I could have foreseen that we were -- had been in this situation. So having said that, I have to be responsible -- and from everything that I've heard -- not put us more in harm's way than we're at already. So if you could put in the record what I've asked, I'll make the motion for you. Chair Russell: Thank you. There's a motion on RE. 1. Vice Chair Gort: Second, and discussion. Chair Russell: Second by Commissioner Gort. Vice Chair Gort: Discussion. Chair Russell: Yes, but I believe he has a request of the Manager to put some things on the record. Commissioner Carollo: Yes, exactly. City of Miami Page 58 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: Shall we do that first, gentlemen? Mr. Gonzalez: Sure. Chair Russell: All right. Mr. Gonzalez: Thank you, Commissioner Carollo. As you know, this has been a long, drawn out journey, always keeping in mind what is in the best interest of the citizens -- the residents of the City of Miami. The structured arrangement that we have concluded with Flagstone calls for $10 million in cash outlays and $10 million in rent abatement. The $10 million is divided as $S million to pay for legal fees; $S million in cash payments, to be paid over a period of two years -- two and one half million dollars a year for two years -- and then 10 years' worth of rent credits and concessions; although, the first two years, they receive none, because they would be getting their two and a half million dollars. Commissioner Carollo: But that's only for a total of 10 million additional dollars -- Mr. Gonzalez: Yes, sir. Commissioner Carollo: --within those 10 years, and that would vary from year to year. Mr. Gonzalez: Right. And we will continue to earn income over those 10 years; we'll just be rebating back -- Commissioner Carollo: Yeah. Mr. Gonzalez: -- to the tenant. But, yes, sir, the agreement calls for 20 million, no more, and we will stick by that. Commissioner Reyes: Okay. And --Mr. Chair? Chair Russell: Commissioner Reyes. Yes. Commissioner Reyes: I don't know, but I am a little confused about it, because the cash outlay that we are incurring is going to be $20 million, right? $20 million is what we are paying cash. Mr. Gonzalez: Sir, no, no. The cash -- Commissioner Reyes: It is 10 million -- S million, 5 million, and 10. Mr. Gonzalez: S million, two and a half, two and a half -- Commissioner Reyes: Two and a half. Mr. Gonzalez: Yes, sir. Commissioner Reyes: That's right; 5 million, two and a half, two and a half, and 10. According to (UNINTELLIGIBLE), that is 20, okay? That's $20 million. But one thing that I -- and I'm going to be honest with you, because you know the way I am; I'm a straight shooter. It irks me a little bit -- a lot, because we are made to believe that that is the only thing that it's going to cost us, but I can see (UNINTELLIGIBLE) -- let me tell you, this is not what I wanted, because this is kind of confusing, and we don't have time now for me to sit down, and Tin going to vote in favor of this, but I want for the record people to know that there are changes City of Miami Page 59 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 here that could have long-term economic impact, because if we are extending the construction of a hotel by five or six years, or whatever it is, that -- and we are not requiring that that hotel be built in the time -- I mean, in a shorter time, that is funds that they are not coming to us in a way of taxes or revenues -- that percentage of the revenues that (UNINTELLIGIBLE). Is that true? Mr. Gonzalez: Yes, sir. We -- Commissioner Reyes: Okay. Then I just want to make clear -- and I'm going to -- and I want to clear this, because I am -- it is my discipline, and I like to get the numbers the way they are, and I find the economic impact of this, and the economic impact in the long run is going to be more than $20 million. Mr. Gonzalez: Sir -- Commissioner Reyes: I just want you to say ' yes" or "no. " Mr. Gonzalez: -- that -- Commissioner Reyes: It could be. Mr. Gonzalez: It could be, but it -- Commissioner Reyes: But that -- Mr. Gonzalez: Anything could be. I get -- If I may? Commissioner Reyes: Yes. Mr. Gonzalez: What we wanted to do -- and by the way, and I respect your analysis -- is make our cash outlay as small as possible so that we could preserve capital. Commissioner Reyes: The median? Mr. Gonzalez: Yes, sir. Commissioner Reyes: The median. Mr. Gonzalez: Yes, sir. Commissioner Reyes: And I do understand, and I respect that. Mr. Gonzalez: And secondly, we want this project finished, and we want to create the conditions -- Commissioner Reyes: Okay. Mr. Gonzalez: -- so that the developer can either assign it, the developer can bring in a joint venture, partner, or the developer can get the financing (UNINTELLIGIBLE) -- Commissioner Reyes: Yes, sir. Mr. Gonzalez: -- and do it. Commissioner Reyes: But I would had -- I will appreciate that if this happens again that a complete analysis be presented to us, because it is so misleading when City of Miami Page 60 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 you go out and you go on the radio and say, "This is the only thing that it's going to cost us, $20 million. " Yes, that is the cash outlay now, but there is a cost which has a value. It's a net value of --future value of the funds that we are not receiving or that we are -- the time span that is going to take place that otherwise would have been -- those hotel and those constructions would have been constructed in a -- at an earlier date, and the difference between net and gross, also, you see. But I will vote for it, but I want you to know that I want the people to be aware that the real cost, it is -- could be -- if they don't finish within the date that they were before, or they're going to do it before, could be greater than the $20 million. Mr. Gonzalez: Sir -- Chair Russell: Thank you. There's been a motion and a second. Is there any further discussion from the dais? Commissioner Gort. Vice Chair Gort: I asked for the --for discussion. Chair Russell: Yes. Vice Chair Gort: The one thing, Mr. Manager, that I asked for is if we -- by any chance -- my understanding is, we have a percentage. If the project is flipped, we have a percentage of revenues that will come towards the City of Miami; that the debt could be paid out at that time. It can? Okay. Thanks. Mr. Gonzalez: Sir, if the property is sold and we are entitled to a fee, those fees can be applied to the debt that we have. Unidentified Speaker: Correct. Vice Chair Gort: And my understanding also, the extension of the Building Department, because all the -- building the hotels, because of all the problems we had in the past. So my understanding is, whoever comes in, either themselves, some of the investors, they might want it to finish even before, and it can be done before. Unidentified Speaker: That's correct, sir. Vice Chair Gort: Okay. Thank you. Commissioner Carollo: Well -- Chair Russell: Thank you. Commissioner Carollo: -- it's obvious that any new investor that comes in is going to want to finish this as quickly as possible. The only reason that the people that are there wanted that provision is because they certainly aren't going to be the ones building it. Vice Chair Gort: They're not going to do it. Commissioner Carollo: Yeah. Vice Chair Gort: That's for sure. Chair Russell: Thank you. Commissioner Carollo: So they need more time to do it. City of Miami Page 61 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: All right. All in favor of RE.1, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Commissioner Carollo: Painfully, I have to say "aye, " too. Mr. Gonzalez: Thankyou, gentlemen. Chair Russell: Motion passes. RE.2 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 AYES: IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL ABSENT: 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: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Carollo, Reyes, Hardemor ABSENT: Gort Note for the Record. Item RE.2 was deferred to the May 23, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item RE.2, please see "Order of the Day. " Citv ofMian ni Page 62 Printed on 0710812019 City Commission Meeting Minutes May 9, 2019 RE.3 RESOLUTION 5860 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING MOVER: THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS Commissioners NECESSARY, INCLUDING SUBMITTING A RESOLUTION FOR and Mayor CONSIDERATION BY THE CITY COMMISSION AT ITS MAY 23, 2019 MEETING, TO INITIATE THE VEHICULAR ACCESS RESTRICTION PROCEDURE FOR SOUTHWEST 16TH AVENUE AND SOUTHWEST 16TH COURT AT POINTS APPROXIMATELY 125 FEET SOUTH OF ITS RESPECTIVE INTERSECTION WITH SOUTHWEST 22ND STREET, AS WELL AS SOUTHWEST 23RD STREET AT A POINT APPROXIMATELY 120 FEET EAST OF ITS INTERSECTION WITH SOUTHWEST 17TH AVENUE, SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN. ENACTMENT NUMBER: R-19-0186 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For additional minutes referencing Item RE.3, please see "Public Comment Period for Regular Item(s). " Chair Russell: So RE.3, restricting vehicular access on 16th Ave. Is there a motion on that item? Vice Chair Gort: Move it. Chair Russell: It's been moved Commissioner Gort. Commissioner Reyes: I have (UNINTELLIGIBLE). Commissioner Hardemon: I'll second it. Chair Russell: Seconded by Commissioner Hardemon for RE.3. Further discussion? Commissioner Reyes: I have a question. I have a question on this, because this could affect -- you see, I'm next to it, okay? I want to know what is going to be the consequences of this. And this is -- Commissioner Carollo, this is to close 16th -- the entrance of 16th Avenue and US. 1 ? Commissioner Carollo: Well, the problem with this particular area is -- Commissioner Reyes: Because this is -- Commissioner Carollo: Yeah. Commissioner Reyes: -- totally different. City of Miami Page 63 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Carollo: Yeah, this is a very different area than the other area across 17th -- Commissioner Reyes: That's right. Commissioner Carollo: -- or the other area across 27th. The basic problem with this small area -- it's like a triangle -- is for some reason, they open up off of 16th Avenue, and entrance to US. 1, with a light. So what is happening is, so that people don't have to wait as much on 17th, they're cutting through that small neighborhood to -- and you see the --for a whole block or more, cars backed up to get into US. 1. I mean, it's become like a regular 17th, 22nd, 27th Avenue, but the difference is it's in the middle of a neighborhood. It's not a main thoroughfare. And I've gone there. I see what's happening. I will tell you, I don't see how those poor people can live there. It's a nightmare. So the only way that you could stop people from going to use that is that way; there's enough entrance that are being kept -- I do have to say for the record that on the Coral Way side, there was one other, and I apologize that it was forgotten, which is Northwest 14th Avenue, so I -- there's plenty of way coming in from 13th Avenue, from 3rd Avenue in there, and from 17th Avenue through the other way. So that's the only thing that I would have to add to it, but this is a very different, unique situation that's different from anything other that you could look into the City. Commissioner Reyes: Yes, but -- Chair Russell: Thank you very much. Commissioner Reyes. Victoria Mendez (City Attorney): Commission --I'm sorry -- Commissioner Carollo: And furthermore, I would say that I don't see how making those changes to stop people going to US.] would affect the other side of 17th Avenue, going into your district at all. Commissioner Reyes: What we -- Chair Russell: Commissioner Reyes, would you like to be --? Commissioner Reyes: Yes, sir. Chair Russell: Thank you. Commissioner Reyes: What you're trying to do is force them into 17th Avenue. Commissioner Carollo: 17th Avenue, yes. Commissioner Reyes: Or 12th Avenue. Commissioner Carollo: Yeah; or not to go there or 12th Avenue; that's correct. Commissioner Reyes: Okay. Yeah, because -- Who placed that light there? It was -- if that was -- Commissioner Carollo: The State. Commissioner Reyes: The State? Commissioner Carollo: The State. City of Miami Page 64 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: The State is the one that opened it up. Commissioner Carollo: Yeah. Commissioner Reyes: Okay. Commissioner Carollo: And they never should have opened it up and into a neighborhood. It's a nightmare, a real nightmare. I don't know, Mr. Chairman -- Commissioner Reyes: This is totally different than we are going -- trying to do -- Commissioner Carollo: Yeah. Commissioner Reyes: -- in our streets, in closure of the streets and all that. Commissioner Carollo: Yeah. Chair Russell: Thank you. Commissioner Reyes: Because what I -- Chair Russell: There's been a motion and a second on RE. 3. Mr. Clerk, you have a co-sponsorship you'd like to bring up? Todd B. Hannon (City Clerk): Yes, sir. Mayor Suarez would like to co-sponsor RE.3. Commissioner Carollo: Okay. Chair Russell: Thank you. Is there any further discussion on RE. 3? Commissioner Carollo: Only what I stated; that there's an amendment made to it that will include Northwest 14th Avenue, too. That's the third -- Ms. Mendez: Is it -- I'm sorry. You're saying, "Northwest. " Southwest? Commissioner Carollo: You're right, southwest. I'm sorry. Vice Chair Gort: You're getting into my area now. I appreciate it. Commissioner Reyes: That's right. If you want to cross Willy's -- Vice Chair Gort: That's okay. You're welcome to it. Ms. Mendez: So -- Commissioner Carollo: I apologize. It's Southwest 14th Avenue, which is the third, and Coral Way. Vice Chair Gort: Mr. Chairman? Chair Russell: All right. Yes, of course, Commissioner Gort. Vice Chair Gort: By the way, Northwest 14th Avenue, the traffic increased there by 300 percent, I can tell you right now. And one of the things that I'd like to add at this moment is the City needs to -- because I been requested, and got letters from citizens that they want to see some of the barricades and other barricades -- what City of Miami Page 65 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 do you call those middle strips, those three bumps? We've been asked for a -- quite a few of them for the years; nothing's happened, and this is one of the biggest problems we have. And people are listening to our discussion, and I hope they can understand that we do ask for it, we send letters, we send signatures, but we don't hear any action. Chair Russell: Madam City Attorney, on the amendment, is that a substantively different change, enough that there's any notification issue with regard to residents who would not have known about that, who might have come to speak (UNINTELLIGIBLE)? Ms. Mendez: So if we were -- if this was the final product we were sending to the County, I would tell you, you are correct; that we need to do something about that. But this is a very preliminary step, which we're requesting the Administration to do all this review to take any actions necessary, and then it still has to come back here and -- Chair Russell: Understood. So you're saying it is a substantive change, because it's -- but since it's an unconsequential [sic] resolution that's really (UNINTELLIGIBLE), you're okay? Ms. Mendez: Well, this is a step that's normally not needed, but the Commissioner wanted to make sure that they start -- Chair Russell: Understood. Ms. Mendez: -- the process. Chair Russell: Does the mover and the seconder accept the amendment? Vice Chair Gort: Yes. Chair Russell: I believe the mover and seconder was over here, yes? All right. Is there any -- thank you. Is there any further discussion on the item? And are you clear with the amendment? Thank you. All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes, as amended. That's RE.3. Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes. Commissioner Hardemon: Before you move on, there's some things -- I just want to make clear about something. Mr. Manager, there was an item that I had a discussion with you about that I said I wanted to have put on an agenda, and I cannot remember which item; two things coming up. Ms. Mendez: Virginia Key. Commissioner Hardemon: Is it Virginia Key? Chair Russell: Ultra. Mr. Gonzalez: Yes, that was it. City of Miami Page 66 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Hardemon: No, no, that was the withdrawal thing for RE. 12. We had a conversation in my oKce. There's two things, right? I know there was a -- that's what -- the -- the item that involves the -- no. You take a boat, mooring, ships and stuff, an RFP (Request for Proposals). That's Virginia Key. Mr. Gonzalez: Yes, sir. Commissioner Hardemon: Oh, okay, okay. Mr. Gonzalez: Yes, sir. Ms. Mendez: The Virginia -- the Rickenbacker Marina -- Mr. Gonzalez: Yes, sir. Ms. Mendez: -- Virginia Key item, the RFP. Commissioner Hardemon: Right, right. So which agenda did I say that I wanted to put it on? Was it the 20 --? Mr. Gonzalez: The next one. Ms. Mendez: I think that there had been a request for the 23rd of May. Commissioner Hardemon: Okay. So -- Mr. Gonzalez: Yes, sir. Commissioner Hardemon: -- we put it on the 23rd? Mr. Gonzalez: Yes, sir. Vice Chair Gort: I requested it. Commissioner Hardemon: You requested it, okay. Mr. Gonzalez: Yes, sir. Commissioner Hardemon: Because I remember I said I wanted to do that, and I didn't -- Mr. Gonzalez: Yes, sir. Commissioner Hardemon: -- hear it, so that's that. Now that's it for right now. That's all I (UNINTELLIGIBLE). Chair Russell: Thank you very much. City of Miami Page 67 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 REA RESOLUTION 5787 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF Improvements EXPEDITED PROJECTS PURSUANT TO SECTION 18-117 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS," BY REPLACING THE CURRENT "ATTACHMENT A - 9/10/14 REVISED," WITH "ATTACHMENT A - 4/12/19 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS WITH FUNDING ALLOCATED FROM THE "MIAMI FOREVER BOND;" AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AGREEMENTS AND OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0187 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: We've got two minutes left before lunch. Why don't we take up RE. 4; amend list of expedited projects, Miami Forever Bond Is there a motion on RE. 4? Commissioner Hardemon: So move. Chair Russell: Moved by Commissioner Hardemon. Vice Chair Gort: Second. Chair Russell: Seconded --I'm sorry, was that Commissioner Gort? Vice Chair Gort: Yeah, second. Chair Russell: Thank you very much. Seconded by Commissioner Gort, RE. 4. Any further discussion? Todd B. Hannon (City Clerk): And Chair, my apologies. Commissioner Gort would like to co-sponsor RE. 12 -- 4, RE. 4. Chair Russell: RE.4. Thank you very much. All -- any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. City of Miami Page 68 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: Any opposed? Motion passes on RE.4. RE.5 RESOLUTION 5847 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MOVER UNITED STATES COAST GUARD TO CONDUCT A FOCUSED Commissioners WATERWAY ANALYSIS AND MANAGEMENT SYSTEM REVIEW and Mayor OF THE SAFETY OF THE GOVERNMENT CUT JETTIES, FOLLOWING TWO (2) RECENT FATAL BOATING ACCIDENTS OCCURRING APPROXIMATELY WITHIN THE LAST THIRTY-ONE (31) MONTHS, ALL OF WHICH INVOLVED BOATS COLLIDING WITH THE NORTH ROCK JETTY AT GOVERNMENT CUT; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. ENACTMENT NUMBER: R-19-0188 MOTION TO: Adopt RESULT ADOPTED MOVER Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item RE.5, please see "Public Comment Period for Regular Item(s). " Chair Russell: RE.5, US Coastguard review of the safety of Government Cut jetties. Is there a motion? Vice Chair Gort: Move it. Commissioner Carollo: Yeah. Chair Russell: It's been moved by Commissioner Gort. Did -- was that over here, as well? Commissioner Reyes: Yeah. I second, but I think it was -- Chair Russell: Seconded by Commissioner Reyes. Commissioner Reyes: -- it passed, but -- Commissioner Carollo: And I think we all ought to be sponsors of this. Vice Chair Gort: Yeah, we sponsor that. Chair Russell: Gladly. All right. Anyone not want to sponsor this? All in favor of co -sponsoring a review of the jetty safety recommendations by the --? Commissioner Reyes: Yes, sir. Vice Chair Gort: We all agree. Commissioner Hardemon: We all agree. Chair Russell: All right. So that's full co-sponsorship. All in favor, say "aye. " City of Miami Page 69 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes, RE. S. Commissioner Hardemon: Which brings me to a statement that I want to make, and I want to kind of get you all's opinion about this, because I'm thinking about having the City Attorney's Oj5rice draft a resolution. The sponsorship way and the things that we do with the sponsorships, I feel like it kind of makes us think past what we intended it for. From what I remember, when we initially started this sponsorship thing, it was because there were items that were being brought to the City Commission by the Administration that there was no way that we could show that we were not necessarily in support of the item. Commissioner Reyes: Right. Commissioner Hardemon: For instance, if there was an item that was going to be - - have an extremely negative effect on a group or a neighborhood or residents of the City of Miami, those residents would then come and then yell at us for two hours, because they saw an item that the Administration put on, right? And then, ultimately, sometimes it would get voted down by the Commission, or taken off the agenda, et cetera. And so, we said, "We're going to create this" -- two things. One, the -- that an item has to be put on for the public -- extended public comment time, which is the future legislation; but then, also, if you wanted it not to be put on a future legislation list that a Commissioner or member from the governing body had to sponsor it. Now, what it's turned into is that -- because this is a small board. I mean, it's five of us -- right? -- plus a Mayor. And so, any time we pass something, the City of Miami passed it; we all supported it. Right? It's not like in the State House, or in the Federal Government, where they all need their -- to be recognized, the fact that they were the impetus of this item. I look at everything that we all do here. I look at, you know, what Ken -- Commissioner Russell does or Commissioner Carollo does, Commissioner Reyes, and Commissioner Gort as things that we all did. So, for instance, the Anti -Poverty Initiative, that's all of our initiative, right? Everything that we do benefits everything. So I'm going to take credit for the wonderful things you do in your district, because we all created that initiative, and it benefited everyone in the City of Miami. And so, my point is this: I don't want to spend time with us worried about whether or not we're listed as sponsors or co-sponsors, right? Commissioner Reyes: You're right. Commissioner Hardemon: Because we all are doing the business of the City of Miami, and we all support it. And so, my thought is, maybe we create a different name, or whoever it is that's going to bring an item -- to cause an item not to go on a future legislation list, but the terms "sponsor" and "co-sponsor, " and whether or not you do it or I do it is signified in our vote, right? If you vote for something -- Commissioner Reyes: You sponsored it. Commissioner Hardemon: -- that means that you sponsored it, in my eyes. If you vote against it, then you weren't okay with it, right? And let's just leave it at that, because what I don't want to see is just -- it becomes like a -- this political thing, where it's, "Oh, you know, I sponsored it, I co-sponsored it," and blah -blah -blah. I mean, we all have created political campaigns, so we understand what that means. But I think it slows us down up here, and then you have an interjection of this person and that person, saying they were the co-sponsor, and "I sponsored it," and "I was the champion." No, no, no. We voted for it; we championed it. City of Miami Page 70 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: That's it. Commissioner Hardemon: Right? Chair Russell: If I could, there are times -- and I think one of the beauties of municipal politics is our ability to get along and work with others that we don't fully agree with, but we support. And other bodies become so partisan, it's really hard to move items forward because of that divisiveness, that partisan divisiveness. But we don't have that so much here. And you all have supported me on some very progressive items that you may not fully agree on, but you don't cast a vote against it. But you may not want to sponsor it; it's not your baby, it's not your cup of tea. And so, I do see different levels within that. When you sponsor something, you're saying, 7 am the champion of this," and when you vote for something, you're saying, "I'm willing to allow that Commissioner who's sponsoring to accomplish that goal. " But someone could go back and look at my voting record, and say, "You know what? You've supported some things that, on that partisan spectrum, you know, maybe you shouldn't have done." But that's part of the job of municipal politics; to get along with each other and support each other on some of these things to move the City forward, and that's something that other bodies don't do. So I do recognize the issue with the future legislation thing, but I see where you're coming from. If there's a way we could accomplish all the sponsorships before we get on the dais; that way, it doesn't take up time of the meeting. I like that idea. Commissioner Hardemon: Because, Mr. Chairman, I'll tell you, I am least likely to try to sponsor or co-sponsor something. Why? Because I think of it that way. I think of it like, my vote, that's my seal of approval. And in the sponsorship, you know, to me, it's like one of those things where -- When we changed the way that we did the business and where we could vote for a number of different items without necessarily going into discussion about each item, what it did was, it took away from the board that ability to, you know, kind of just show the little extra two cents that you may want to add in about the item. But what it gave us was time to go home and see our families. And so, you know, the sponsorship thing, it -- I heard it, everything that you said, and exactly where you're coming from. But, certainly, when you list the sponsors, then it's like, "Okay, should I be a sponsor? Should I not be a sponsor? Of course, I should be a sponsor, because X' 'Y,' 'Z. "' But just because you did it first doesn't necessarily mean that -- I'll give you an example. Chair Russell: I understand. Commissioner Hardemon: If I come up with an idea, but it is something that affects Commissioner Carollo's district, he likes that idea, and then he -- and I say, "Okay. Well, I'm sponsoring it, not you. I came up with the idea." Chair Russell: Yeah. Commissioner Hardemon: You know, it's -- Chair Russell: But in the County, they have prime sponsors. Commissioner Hardemon: In the County, it's 13 personalities up there, plus some other individuals. So, you know, we're not the County. We're the City of "Miamah. " Chair Russell: Yeah. Commissioner Hardemon: And I think we should act like it. City of Miami Page 71 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: I'm open to that. We'll continue talking. We are going to break for lunch, gentlemen. What time would you like to come back? Commissioner Carollo: 2:30. Chair Russell: 2:30? We will be back at 2:30, after lunch. Thank you very much. The meeting's in recess for the moment. RE.6 RESOLUTION 5627 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND Department of Real EXECUTE AN AMENDMENT TO THE TOWER THEATER Estate and Asset MANAGEMENT AGREEMENT ("AGREEMENT"), IN A FORM Management ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, WITH THE DISTRICT BOARD OF TRUSTEES OF MIAMI DADE COLLEGE ("PROVIDER") TO INCORPORATE THE ADJACENT CITY -OWNED PARKING LOT LOCATED AT 1501 SOUTHWEST 9TH STREET, MIAMI, FLORIDA TO BETTER OPERATE THE THEATER WITH THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Note for the Record. For minutes referencing Item RE.6, please see "Order of the Day, " and "Public Comment Period for Regular Item(s). " City of Miami Page 72 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 RE.7 RESOLUTION 5605 A RESOLUTION OF THE MIAMI CITY COMMISSION AYES: AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL Department of NECESSARY STEPS INCLUDING, BUT NOT LIMITED TO, Resilience and NEGOTIATING AND EXECUTING AN AMENDMENT TO THE CITY Public Works OF MIAMI'S ("CITY") CURRENT INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY TO ALLOW FOR THE ADDITION OF THE LIBERTY CITY TROLLEY ROUTE TO THE CITY'S TROLLEY SYSTEM TO CONNECT WITH THE EXISTING LITTLE HAITI TROLLEY ROUTE, ALLAPATTAH METRORAIL STATION, AND NUMEROUS MIAMI-DADE COUNTY METROBUS ROUTES. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Note for the Record. Item RE.7 was deferred to the June 27, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item RE. 7, please see "Order of the Day. " RE.8 RESOLUTION 5704 A RESOLUTION OF THE MIAMI CITY COMMISSION SECONDER: AUTHORIZING THE RETENTION OF Commissioners AS LEGAL CONSULTANTS TO WORK IN CONSULTATION WITH and Mayor THE CITY ATTORNEY AND TO PROVIDE SUBJECT MATTER 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. MOTION TO: Defer RESULT: DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item RE.8 was deferred to the May 23, 2019, Planning and Zoning Commission Meeting. For additional minutes referencing Item RE.8, please see "Public Comment Period for Regular Item(s). " Chair Russell: Are we ready to take up RE.8? Barnaby had a pause on that one. Victoria Mendez (City Attorney): Yes, we're ready. I don't know why we were pausing. City of Miami Page 73 Printed on 0710812019 City Commission Meeting Minutes May 9, 2019 Commissioner Carollo: Okay. I'm sorry. RE. 14? Ms. Mendez: We're fine. Chair Russell: Yes. Ms. Mendez: We can go forward. Chair Russell: Thank you. Ms. Mendez: RE. 14 was the filling, the actual filling of the FEC (Florida East Coast) slip. Commissioner Hardemon: That was rescinded. Chair Russell: No. Commissioner Carollo: No, no, no, no. Chair Russell: RE. 14 was the -- rescinding a resolution from the past. Ms. Mendez: Right, right. Sorry. Yes. Is there a question, Commissioner Carollo, about RE. 14? Commissioner Carollo: No, no. I'm sorry. No. I was looking at something else here. The way it was done in this package confused me, but it's done. I thought we were talking about RE. 8. Chair Russell: We are now. Ms. Mendez: Yes, RE. 8. Chair Russell: And so, there was an issue of conflict that was being dealt with. Ms. Mendez: Its determined, so we're fine. Chair Russell: You're good? Okay. Ms. Mendez: Yes. Thank you. Chair Russell: So RE. 8. I did send an email to the City Attorney on how I'd like to handle this -- obviously, it's the will of this board -- rather than receiving presentations from every single of the 16 applicants who would like to consult with us on the Freedom Park issue. We have all their documentation. I studied all of it. I trust that you have, as well. What I wanted to do is open up the floor for questions that any of the Commissioners have for the Administration, for our Law Department, and for any of the -- those who have written in letters of interest, and then we'll go from there. And we'll look for a motion for -- if there is the will to choose one of them. My first question would be for the City Attorney. Of the 16, all of them are fully qualified under your --? Not fully qualified. All of them are eligible by the standards that you set forth? Ms. Mendez: Yes. Chair Russell: Yes. And what are the criteria under which you would like us -- you would prefer to decide based on --? You had mentioned three criteria, if I'm not mistaken, that you were most interested in seeing an applicant hold. City of Miami Page 74 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Ms. Mendez: Right. So we looked at experience, local presence, reputation, and if there are any potential conflicts with the City with regard to just matters in general; and based on that, that was the main criteria, looking at everyone. Chair Russell: Got it. And before, you had originally brought to us a recommendation. Do you have a recommendation amongst these 16 based on those criteria? Ms. Mendez: Based on that, I narrowed it down to about three, and those are Hunton, Fowler, and Shutts and Bowen, in no particular order, but they're all qualified to handle this matter. Commissioner Carollo: Are they all here, all these three? Commissioner Reyes: I -- Chair Russell: Commissioner Reyes. Commissioner Reyes: Madam City Attorney, do you include then in that criteria the fact that, according to our resolutions and the State Statute, that anybody that does or has done -- or had advised anybody on business with Cuba shouldn't receive any - -? To me, that is very important. There are companies here that none of their -- and they have never done business with Cuba. And besides that, I think that we are placing too much emphasis on the fact that that is a stadium. The stadium is -- in my opinion, it is almost irrelevant, because the main -- this is a land development deal, and we have to have -- I mean, we have an attorney, and we have to hire some people from the outside to be more at ease, but to me, it is very important that whoever we select doesn't have any ties or is not an advisor to people that do business in Cuba, because it is quoted in the State Statute -- says like -- it reads like that, and it's quoted in our statute. And if we -- if is it quoted, it has to be enforced. Chair Russell: I have a clarification question on that, because he brought up the State Statute, a resolution that has been passed in the City, but also giving advice to -- does giving advice to those who do business in Cuba qualms under the statute or the resolution, or is that a separate -- would that be a separate direction of this board? Ms. Mendez: So based on the directive that was very clear by Commissioner Reyes, we placed in the RFLI (Request for Letters of Interest) that there should be no violation of the Florida Statutes with regard to Cuba and interactions with Cuba. With that said, all these law firms responded. And just because you advise on how to do things in Cuba is not violation of the Florida Statutes. Commissioner Reyes: Let me -- Ms. Mendez: But it is a policy that you can very well -- Commissioner Reyes: But -- Ms. Mendez: -- take into account, because this Commission is the one that's going to make the decision. Commissioner Reyes: -- let me tell you -- because probably, there is some ignorance on how business is done with Cuba. Business that is done with Cuba is not like if I were doing business with somebody in New York, you see. If you are advising anybody to do business in Cuba -- You don't do business in Cuba unless you do business with the government, even if it is a company. For example, there is a City of Miami Page 75 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 corporation called Gaviota. And if you are going to do business with Gaviota, you are doing business with a Cuban corporation, and you have to be in contact. You have to be exchanging -- you have to have an exchange with Gaviota and with the attorneys from Gaviota, which are attorneys from the government, because everything in Cuba is owned by the government. You see? And Gaviota is doing business on land that has been appropriated from people that, pretty soon, according to the new regulations -- I mean policies, they are going to be sued. And anybody that does business -- as a matter of fact, some of them have to travel to Cuba and mingle, and basically, what you're doing is you're helping the government. You see? And I am adamant about that, because they -- that same government, although it has been losing by -- was losing by other -- previous presidents, but that government still persecuting, still killing, still torturing, and still imprisoning Cubans. You see? I do remember -- and I remember, and I supported it 200 percent -- when the -- that -- when South Africa, you see, was -- I mean, people that did business with South Africa, even they were ostracized, and government -- and companies that did business with South Africa, I mean, they were punished. Vice Chair Gort: (UNINTELLIGIBLE) do business (UNINTELLIGIBLE). Commissioner Reyes: And another thing, even if you were a performer, and you went and you sang in South Africa or you perform in South Africa, there were consequences, you see, and I think rightly so, because they were persecuting the people, you see. Chair Russell: Sun City. Commissioner Hardemon, you had a comment. Commissioner Gort. I apologize. Vice Chair Gort: Let me tell you, I think there's a lot of impressed letters that came in. I put a list, but my list is a little larger than that. I have Becker and Poliakoff. I have Bryan Miller Olive; Fowler White Burnett; Ana Maria Pando, (UNINTELLIGIBLE) a small (UNINTELLIGIBLE). Chair Russell: I'm sorry; I couldn't hear, Commissioner. I'd love to get your recommendations. Vice Chair Gort: Ana Maria Pando -- Commissioner Reyes: Which one of -- Vice Chair Gort: -- Shutts and Bowen. Commissioner Reyes: -- which one, Commissioner Gort? Vice Chair Gort: This is people I looked at that I'm putting on my list. Commissioner Reyes: Yes. Which one of them? Vice Chair Gort: Becker Poliakoff,• Bryan Miller Oliver; Fowler White Burnett; Ana Maria Pando; Shutts and Bowen, and Weiss Serota and Helfman. Those are the one I selected. Chair Russell: Got it. I mean, there's -- Vice Chair Gort: How do we go about it? How do we start breaking down? Chair Russell: Commissioner Hardemon, you had a comment? City of Miami Page 76 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Hardemon: Yeah. I must admit that the Cuba/Miami relations is a bit above my pay grade. You know, what worries me is that, you know, there's a perception about -- I have two jobs, right? One is that I'm an attorney. People, you know, in society, they tease attorneys for being attorneys; and also as an elected official, they tease us for being elected officials. And so, in -- and on a more serious note, you know, and I'm of color, in District 5, so I become even more of a target, so I kind of have a lot of targets on me. And so, I try to be very careful in the way that I put things when it comes to my brethren from Cuba and those of us who represent Cuban families, and this whole issue with the relations with Cuba. But what I'm cautious of is persecuting an attorney for doing his or her job. Commissioner Reyes: I'm notpersecuting (UNINTELLIGIBLE). Commissioner Hardemon: And -- no. So I look at it like -- and maybe that's too strong of a word. Maybe that is too strong of a word. Chair Russell: Excluding. Commissioner Hardemon: But my worry is that -- Chair Russell: Excluding. Commissioner Hardemon: Yeah, excluding. My worry is that, you know, I represent people who are accused of crimes, and there are many people who don't agree that that is something that people should do. You know, someone gets accused of something that appears to be heinous, and many people say, "Well, how dare you represent someone that did that. " And it's like, because the Constitution of the United States ofAmerica guarantees -- Commissioner Reyes: Absolutely. Commissioner Hardemon: -- that they have an opportunity to be represented by qualified counsel, and, you know, this is the way that our system of government is run. And so, you know, I'm -- I never want to offend anyone on this dais when it comes to the relations between the United States and Cuba, because I am least qualified, really, to express it. I mean, I have City Attorneys who have personal experience, and I have friends. I mean, this is not something that I take lightly, but all I do is I just want to caution us, because if you have organizations that I'm not saying do business with Cuba, but that have represented people that may have gone into Cuba -- I don't know how business is conducted in Cuba. I've never been to Cuba. I've only seen pictures. And -- but when you look at, you know, organizations --for instance, one that stands out -- because there's a lot of information on here about Cuba -- is Shutts and Bowen, where, you know, they've -- on this sheet of paper that we've been given as a cheat sheet through our counsel, it's about -- done 15 sort of stadium transactions. We know this is one of the oldest firms in the State of Florida, and they have a presence. And so, how is it that we should consider them as compared to the others that also have significant experience? You know, I -- when it comes to a list -- a lot of people applied. There's a very short list, and then an even shorter list, it appears to be. And the question is, should organizations like Shutts and Bowen be eliminated from this list because they've advised people on some very complicated matters? Because that's how I take it. If anything, if you've been negotiating with an organization that's going to a place like Cuba, I would imagine that it will be an extremely complicated thing to do. I don't think anyone who just picks up their portfolio to go represent someone is -- they're capable of just doing that. And so, that sort of experience could -- I would think, would have -- would be relevant in the sense that these are attorneys, or a team of attorneys that could offer us advice that we couldn't necessarily get from someone else. City of Miami Page 77 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: Thank you, Commissioner Hardemon. Commissioner Reyes. Commissioner Reyes: Excuse me. You see, it is nothing personal with -- I know people from most of these -- Chair Russell: Is your mike on? Commissioner Reyes: -- but -- yes -- my problem is this, you see? I just look back, because I've been here for a while and I'm old, you see. And if that company that you mentioned, if they would have advised anybody during the South Africa blockade, they would have been advising people to do business in Cuba, they would have been fined. You see? They would have been fined. And because -- you know -- well, the only thing that I'm saying is, since Cuba is just a little island and it's not that important, and many people, they don't care. I mean, they don't listen. Things have been losing, you see. People go and come back, and all of that. And now it is chic to go to Havana and ride one of those convertibles and smoke a cigar, and then you come back -- they come back like if they were experts in Cuba, you see, and they don't see the real Cuba, and -- because people have been doing business in there and all of that, that doesn't make it right. And they are still violating the statute, and that's the only thing that I'm saying. They're still violating the statute. There is no need to violate that statute. Either we go to the State and we get rid of it, okay, but the statute is there. Commissioner Hardemon: You see, and that's my thought about it. My question is, if -- there's no attorney that's going to -- I'll rephrase. There's no attorney that values his bar license that's going to give advice that's going to be violative of a State Statute. Commissioner Reyes: Because it hasn't been enforced. It hasn't been enforced. That's the problem. That's what I'm telling you, you see. What good is a law if it is not enforced? It is just like if non-existent, you see. And the thing is, you see --for example, right now we have people here that didn't have -- Fowler White and Burnett, that's a wonderful company that hasn't done anything, and they're very good. All of them are full of good people. All of them are full of good people, but I think that it's about, in my opinion -- and I'm here, and I'm going to use this podium to tell people, you see, there is an island out there that is suffering, and there's a lot of people here that they are benefiting from that suffering, and that's it. And I'm going to send a message. I don't care how much criticism I'm going to get. I don't care. I'm doing what my conscience dictates, you see. And they are -- there are other -- I'm not saying that one company is better than the other one, because in the final analysis, what we have to look for -- and this is my opinion, you see. We're making much to do of this land deal, because this is a land deal, and a final analysis -- What we have to do is get a company that doesn't charge us that much, that they have experience on land deal, and they know what (UNINTELLIGIBLE) stadium, because that stadium is a rinky dinky stadium, a small stadium that was used as a bait for people to vote in this land deal, and the most important part of it is the land deal, you see. So we are trying to find the best company in New York, or whatever, that is going to cost us $400 an hour, $500 an hour. We don't think that it goes against this. What we want is somebody that we can trust that is going to get the best land -- I mean, the land deal. And something that we don't have it mentioned, we have a pollution, an environmental problem, which is more important than anything else, because if that environmental problem is not solved, I don't know what's going to happen. You see? Chair Russell: Commissioner Reyes -- City of Miami Page 78 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: And that is my take. So I'm -- I don't have any preference here. The only thing that I want is, if they don't charge much and they know what you're doing, and they haven't done business with Cuba. That's it. Chair Russell: Thank you. Commissioner Reyes, I want to --I don't know if ask or just try to help learn and understand, because every Commissioner here brings their own life experience, and we can all learn from that. Commissioner Reyes: Absolutely. Chair Russell: I'm kind of with Commissioner Hardemon, in that I can't speak in any empathy to that situation, so I just try to learn. Commissioner Reyes: I have empathy with you. Chair Russell: Well, no, it's not that I don't emp -- I don't sympathize, because I certainly do, but I can't empathize because I can't put my feet in the shoes. Commissioner Reyes: (UNINTELLIGIBLE) -- we haven't -- you see -- Chair Russell: I can't. So if -- Commissioner Reyes: Listen, if you cannot -- I cannot, although I've been through -- when I first got from Cuba -- and Willy knows that -- we were not that liked here, but I could never, could never duplicate or know the pain and experience that Commissioner Hardemon had. Chair Russell: Understood. But let me ask you a question. Commissioner Reyes: That's totally different. Chair Russell: I want to see if I'm understanding correctly, because what Commissioner Hardemon is concerned about -- and we -- none of us certainly want to disparage any attorneys for trying to do business with the City. And certainly, we don't want to draw any lines in the sand that exclude 90 percent of whoever's doing a certain type of advice. But if I understand correctly -- and you may actually, through this position, change a lot of people's minds on how they advise companies or do business if they see that the elected body takes a position like this. But if I understand correctly what you're saying, I don't believe that advising a company on doing business in Cuba is violative of the State Statute. But what you're going back to is when things opened up and loosened a little more in Cuba, folks around here may have seen opportunity in that -- Commissioner Reyes: Yes, sir. Chair Russell: -- and there's a way to make a buck on that. Commissioner Reyes: And they were making (UNINTELLIGIBLE). Chair Russell: And the domino effect of that, in your opinion -- Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: -- is supporting -- Commissioner Reyes: Supporting the government. City of Miami Page 79 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: Exactly. And so, let me try to bring us down the road a little bit so we can maybe get to a selection here based on that, plus everything else that's pertinent to the deal itself, specifically, because I don't believe that we here are a selection committee, per se. We haven't created a scoring system. Commissioner Reyes: Nope. Chair Russell: We have a list of applicants who have shown interest, but normally, our procedure under our Code and Charter is to take the recommendation of the City Attorney and we affirm it or we don't affirm it, for whatever reason that we believe, and we have that purview. In this case, and rightfully so, Commissioners, recognize we hadn't cast a net at all; and so, maybe there was something out there that we missed, and so we've gone out for requests for letters, and we've received 16. Now our City Attorney is recommending of those -- there are three that rise above the rest in terms of reputation, experience and proximity, and then interpreting your qualification issue on the Cuba situation may narrow it down even further. So I -- it would be my opinion -- and if we'd like to add more onto the list that we draw from -- Commissioner Gort made some recommendations, but for me, it would be to basically affirm the City Attorney's recommendation, or deny. And so, from those three, or the broadened list, is there one that somebody would like to make a motion on to affirm? I guess that's one way to look at it, because that's, to me, the tighter pool. I want it to be someone you want to work with, and I want it to be someone that the City Manager wants to work with. As for my part, at the end of the day, we have to get a deal that is not only the best for the City, but has the optics of having been best for the City, because we're not winning the optics game right now in this situation, and that means something, because this is also a political decision. So our residents have to feel secure that we fought for the City to get the best possible deal out of this, and that can only happen if the right attorneys, working with the Administration and our lawyers, lock step. Mr. Manager, do you have a recommendation amongst the three or amongst the entire list based on where you'd like to see this negotiation go? Emilio T. Gonzalez (City Manager): Sir, I've had discussions with the Attorney. As you pointed out, this is her purview. For the sake of consistency, I would like to continue with the recommendation that we brought before. We've been reassured that they do not do business in Cuba. The City Attorney has assured me that they're not violating any State or City rules or statute. The three firms that she ranked are excellent. I will be happy to work with any one of them. She has to work with them more than me. I just, for the sake of consistency, would like to stay with the same firm. Chair Russell: So that's the Hunton Andrews Kurth? Mr. Gonzalez: Yes, sir. Chair Russell: And they do not have a Cuba advisory -- Commissioner Carollo: Well -- Commissioner Reyes: Yes, they do. Commissioner Reyes: Yes, they do. Yes, they do. They -- Chair Russell: That's why I'd like to defer to -- Commissioner Reyes: That's the one that had this big page (UNINTELLIGIBLE), and I know that there's great interest on the Administration and -- to get that City of Miami Page 80 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 company with -- that was picked without any vetting of anybody else but the Administration. I will -- definitely will not vote for them, but which ones are the ones that you recommended, Madam City Attorney, so I will make a -- I'm going to make a --? Ms. Mendez: In no particular order, Fowler White, Hunton Andrews Kurth, and Shutts and Bowen. Commissioner Reyes: I -- in (UNINTELLIGIBLE), I'm going to go -- I'm going to make a motion to pick Fowler White and Burnett. Commissioner Carollo: I second that motion. Chair Russell: There's a motion and a second to select Fowler White and Burnett. Open the floor for discussion and any questions any Commissioners may have for either the Administration -- Commissioner Hardemon: I want -- I would like to amend the motion by including in --for consideration Shutts and Bowen, so that we can discuss those two. Chair Russell: Does the mover and seconder accept the motion? Commissioner Reyes: I -- as I do understand, and although I have good friends in there, they -- if I'm going to be consistent -- I got to be consistent, you see. They have had some kind of connections with doing business with Cuba, and I'm going to be consistent. I don't care if my best friend comes here, or my mother comes from the grave and she comes in, I'm going to be consistent. So I don't accept it. Yes, sir. Chair Russell: Commissioner Gort. So the amendment is not accepted. Commissioner Gort. Vice Chair Gort: I would like to know, who are the one that are going to be participating directly? Because I know we have a lot of partners and principals. I would like to know who will be participating in the --from the firm. Who's going to be representing? Ms. Mendez: From the actual firm or from the --? Vice Chair Gort: From whatever firm we select. Chair Russell: But we have a motion and a second on a specific firm, so if they'd like to address the body, they're very welcome at this point to answer any questions that the body may have for them. Daniel Milian: Good afternoon. Well, there's a few attorneys that would be working on this particular project, but specifically, the Real Estate Department, the co-chair, Richard Wood would be working on this project; Gil Acevedo would be working on this project; I myself would be working on this project, as well; and I also have here Irwin from -- the co-chair for the Sports Division, from Melveny, which would also be working on this project quite closely, as well. Ms. Mendez: Mr. Milian, may I have a sidebar with you for a moment? Mr. Milian: Yes, of course. Vice Chair Gort: A sidebar? City of Miami Page 81 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: A sidebar now? Mr. Milian: Sorry, I apologize; I amend that. Everyone that I stated, except myself, because I do sit on a board here in the City of Miami, so I'm precluded from working on it directly. Chair Russell: So you would remain on the board, but you would not work on this -- Mr. Milian: Correct, I would not work on the actual project itself. Ms. Mendez: Unless you wanted to waive that, but -- Commissioner Carollo: No. Mr. Milian: That's fine. Commissioner Hardemon: What board is it that you serve on again? Chair Russell: He is the Chair of the Planning, Zoning Appeals Board. Mr. Milian: The Vice Chair. Chair Russell: Vice Chair. Thank you. Madam City Attorney, every -- of the three that you recommended, and especially here, has everyone registered as a lobbyist who has contacted the City or this body? Ms. Mendez: My understanding -- Chair Russell: I guess I should ask them. Ms. Mendez: Right. So my understanding is anyone that has come to speak here today that was not asked to speak -- right? -- because if you ask questions, they don't have to register as a lobbyist. Commissioner Reyes: I -- Ms. Mendez: If they came to give a presentation, then they need to register. My understanding is that everybody that spoke here today has registered. Chair Russell: Well, if they've called us or emailed us -- if they've lobbied in any way, they must have registered to lobby, correct? Ms. Mendez: As well. Chair Russell: I just want to make sure we get off on the right foot with whoever we're working on -- Ms. Mendez: Right. Chair Russell: -- that we're following all the right steps. Mr. Milian: And I could assure you, we've all registered. Commissioner Reyes: Mr. Chair? Chair Russell: Yes, Commissioner Reyes. City of Miami Page 82 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: Yes. What's your name, sir? Mr. Milian: Daniel Milian. Commissioner Reyes: Daniel Milian. Daniel, are you -- you are on which board? Mr. Milian: The Planning & Zoning Board. Commissioner Reyes: Are you willing to resign if it is? Ms. Mendez: It -- Commissioner Reyes: Or doesn't (UNINTELLIGIBLE). Ms. Mendez: -- that doesn't -- Chair Russell: He won't be representing on (UNINTELLIGIBLE). Commissioner Reyes: Oh, you won't represent? Mr. Milian: I will not -- right. I will be -- Commissioner Reyes: Okay. You're not going to be working in--? Mr. Milian: Correct. Not directly. Correct. Commissioner Reyes: Okay Mr. Milian: Correct. Commissioner Hardemon: Okay. But the question I have is like, so is he able to shield to himself that way? Say, for instance, if I want -- Ms. Mendez: We're hiring the firm; we're not hiring him. Commissioner Hardemon: No, no. I understand that. I understand that very clearly. But say, if I worked for ABC Firm -- right? -- and they were coming before the City of Miami to earn a job. And I said, "Well, I'm going to just shield myself from being a part of that deal. " I mean, is that not still a conflict? Ms. Mendez: So -- right. There are different types of conflicts. This is not -- this is a specific conflict in our Code section; just says that you can't do business with the City for two years. It's a prohibition, unless it's waived by the Commission. Commissioner Hardemon: Yeah, but this is that -- that would be after -- Ms. Mendez: It -- there are different types of -- Commissioner Hardemon: -- you've served. Like right now, I'm still -- I'm serving. Ms. Mendez: Right. Commissioner Hardemon: And he's serving. Ms. Mendez: Right. Commissioner Hardemon: And so -- City of Miami Page 83 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Ms. Mendez: So he can't do it now or for two years. Commissioner Hardemon: Right. But the question is, if I'm serving in my firm, ABC, Inc., or ABC, LLC (Limited Liability Company), or whatever you want to call it -- LLP (Limited Liability Partnership), PA (Professional Association) -- they want to earn a contract before the City of Miami. And I said, "Well, I'm going to recuse myself from the vote. " I'm -- or better yet, because I'm -- this is two different angles. If it's a vote that I have to make, then I recuse myself. But moreover, and his position is, "Okay, you're going to hire my firm, but I'm just going to shield myself from the work. " The question really here is, is that something that is allowable? Can you hire the company that I work for, as long as I shield myself from the work? Ms. Mendez: Right. As you've described it with you, no. Commissioner Hardemon: So what's the difference between him? Ms. Mendez: It's because -- it's --you're a Commissioner, and they're -- Commissioner Hardemon: He's a -- but he's a Planning and Zoning Appeals Board member. Ms. Mendez: Right, but he -- Commissioner Hardemon: Very important board, by the way; probably one of the singly [sic] most important boards that you can have. I mean, we get beat up about getting donations from people who regularly appear before the Planning, Zoning and Appeals Board. And so, you know, I'm just trying to understand -- Ms. Mendez: Right. Commissioner Hardemon: -- the curing of that sort of conflict. Ms. Mendez: And if we want -- I mean, if we want to table this even further, and we can get you answers to your questions in particular. It's just in this case, it's a different type of conflict. Commissioner Hardemon: No, because the thing about it is this, and I read it in the papers all the time. They talk about me as if I'm doing something wrong on a board, where there's no conflict, whatsoever, between -- there's nothing illegal about anything that I've ever done before the City of Miami, and I would never do anything illegal. And so, I just want to understand how people who are not like me are able to do these sorts of things and earn business, but then people like me can do these things and it's okay. So I just want to be clear before we take a vote on that, if that's possible. Mr. Milian: I mean, if it's the will of this board, and it's necessary for me to resign from my position -- Commissioner Hardemon: From your job? Mr. Milian: Well, not at my job. Chair Russell: He loves the PZAB (Planning, Zoning and Appeals Board). Commissioner Hardemon: No. I mean, that's the point. The point that I'm making is that, you know, people who are asked not to make a living in the City of Miami, you know, if they have relation to me, or they're significantly involved or tied to me. City of Miami Page 84 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 And no one's ever asked you not to have a living in the City of Miami. They've, at most, asked you to resign from a board. Mr. Milian: Right, and I understand that. I mean, I've lived in the City of Miami my entire life and worked in the City of Miami, and never had -- Commissioner Hardemon: Maybe we do need to just pass this for a while. Commissioner Reyes: Mr. Chair? And I mean -- Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: -- I want to be -- and Keon has a -- I mean, Commissioner Hardemon -- Commissioner Hardemon: That's fine. Commissioner Reyes: -- he has a great point. And in being fair, if you are on a board, this contract is going to come to the board -- you see? -- if it happens, you see. And you being part of the firm that is represented and aboard member at the same time, I think that you either have to resign or recuse yourself. Mr. Milian: Right. I would obviously recuse myself or -- Commissioner Reyes: No, or resign. Mr. Milian: --resign, if that's the -- Commissioner Reyes: I think -- which one will, Madam City Attorney, will not represent a conflict? Mr. Milian: I'll -- just for the record then, I'll go ahead and resign my position, then, if that's (UNINTELLIGIBLE). Commissioner Reyes: Okay. Commissioner Hardemon: So for the record, he's resigning from his position at his firm, right? No. Mr. Milian: Well, you know, I had talked to -- Commissioner Hardemon: No. I mean, listen, if sitting on this dais is Francis Suarez -- I don't know who he works for these days. Somebody, I'm sure, pays him quite a bit of money. Francis Suarez was sitting here on this dais, and there was a contract for legal services, would this dais allow his firm to do the work? Commissioner Carollo: I'm sorry. That -- explain that again; you caught my attention. Commissioner Hardemon: Was it the "Francis" part? Commissioner Reyes: Oh, you -- Commissioner Carollo: No, no, no, no. Commissioner Reyes: Oh. City of Miami Page 85 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Carollo: You -- Commissioner Hardemon: Maybe I shouldn't use "Francis. " Chair Russell: Maybe. Commissioner Carollo: -- caught -- Commissioner Hardemon: I tried to use other -- Commissioner Carollo: -- my attention. Commissioner Hardemon: I thought "Francis" was outside the purview of anything that mattered in these situations. Commissioner Carollo: Well, no, no, no. Let's go there. Mr. Milian: And just in full candor, I mean, I contacted -- Chair Russell: Gentlemen, one at a time; through the Chair, please. Through the Chair. Commissioner Carollo: No. Whoa, whoa. Mr. Milian: I apologize. Chair Russell: Commissioner Carollo, you have a question. Commissioner Carollo: I want to follow this so that I could do right by this young man here. Commissioner Hardemon: All right. So -- Chair Russell: Restate the example, please. Commissioner Carollo: Okay. Francis Suarez -- Commissioner Hardemon: And if you'd like to exclude names, that would be great. Commissioner Hardemon: Yes. So -- I'm bad at this whole lying thing, so I'm just going to make up a name, all right? Commissioner Carollo: Forget about the name right now. Commissioner Hardemon: Okay, okay. Commissioner Carollo: Tell me what you were saying. I remember the name. Commissioner Hardemon: If AB" -- Yeah. If Commissioner A" -- okay, I'll use -- he always wanted to be an attorney, so let's use -- because he's always (UNINTELLIGIBLE) Vice Chair Gort: I'm not an attorney. Commissioner Carollo: I don't think (UNINTELLIGIBLE). City of Miami Page 86 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Hardemon: If Commissioner Gort -- Commissioner Gort sits on this dais, right? And if there was a contract for representation of the City of Miami that was being sought after by his firm, the question is -- not his own -- from his perspective of whether or not he needs to resign or shield himself, or anything like that. The question is -- Commissioner Carollo: Not his, but the firm's. Commissioner Hardemon: The firm; from the firm's perspective. Would this body hire his firm to do the work by the firm saying, "We'll just shield him from actually doing" -- "or having anything to do with the project"? Ms. Mendez: And as I spoke -- Commissioner Carollo: Well -- Ms. Mendez: --the description that you gave and the description that you're giving now is two -- they're different than his situation. Commissioner Hardemon: He's a board member. Ms. Mendez: I understand -- Commissioner Carollo: Well -- Ms. Mendez: -- but there is -- when you are at a level where you affect contracts, where you affect deals, hiring, pecuniary interests, et cetera, that is a different level of conflict than this conflict that we're talking about. And we are not hiring him. He is like a one-tenth, fifth -- Commissioner Hardemon: But let's see how important (UNINTELLIGIBLE). Ms. Mendez: -- one -- I mean, like the -- Commissioner Hardemon: But let's see how -- Ms. Mendez: -- lowestpercentage of, you know -- Commissioner Hardemon: I don't -- I mean, he's not -- Ms. Mendez: -- ownership in a firm. Commissioner Hardemon: -- on the Beautification Committee. He's on the Planning and Zoning and Appeals Board Committee. Chair Russell: Yeah. That's an important (UNINTELLIGIBLE). Ms. Mendez: No, and I get it. And that's -- Commissioner Hardemon: So what that means to me -- Ms. Mendez: --your decision. Commissioner Hardemon: -- Madam City Attorney, is that, you know, I have a billion -dollar project that wants to come to a community. Right? And that billion - dollar project is represented by my firm, or Commissioner Gort's firm. And Commissioner Gort's son is on PZAB, and he works for the firm, as well -- because, City of Miami Page 87 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 you know, in the City of Miami, they have -- You know, I'm the first lawyer in my family -- but they have usually layers upon layers of attorneys, like in Miami Beach, etcetera. Right? So -- Vice Chair Gort: You mean one of my girls? Commissioner Hardemon: Yeah. Well -- Vice Chair Gort: I don't have boys. Commissioner Hardemon: I know you don't; that's why I was making it up. I didn't want to get too personal. But one of your girls. And so, when they apply to pursue this project in the City of Miami, the PZ,4B has to opine. And when they opine, many times, as we've seen most recently, it gets appealed, and it gets appealed to the City. And so -- or it can be approved at the lower level, you know, with the recommendation, et cetera, and it comes to the City. So the question is, I mean, is that -- is the Planning and Zoning and Appeals Board -- Commissioner Carollo: Well -- Commissioner Hardemon: -- is it just some -- Commissioner Carollo: -- I -- look, I -- Commissioner Hardemon: -- insignificant thing? Chair Russell: Commissioner Carollo. Commissioner Carollo: -- think I'm following what you're saying. I'm trying to recollect when I was Manager in Doral, some of the problems we had there, and the instructions that the Ethics Commission gave me and gave some of the elected officials. And basically, it stated that you cannot be sitting in public office -- granted, there's a separation there, but he does have a very powerful position. You cannot be sitting in a public office and be having continued conflict of interest popping up. You had to choose; either you went to your business or you were the elected official, one or the other, and those were basically the opinions that they were given. So I can read that. Let's say that we approve this project. They're going to be coming back for different needs. I don't know how much is going to have to go through the Planning and Zoning Board. Vice Chair Gort: A lot. Commissioner Carollo: Would it be sufficient where he would have to recuse himself every time or not? Now, in his position, I don't know if he would carry that much weight with the rest of those board members, but he certainly, in my mind, would not be able to vote for anything that would come back on that project -- Commissioner Hardemon: Right. Commissioner Carollo: -- or anything related to it. Commissioner Hardemon: And that's the least of it. The question is also, can the firm shield him? Because if he's so insignificant that he's like, "Well, I won't be working on the project, " well, he's significant enough that he's here before us today. Commissioner Carollo: Yeah. Now, the -- and I'm hearing what you're saying. The other point taken -- let me give you another scenario, and guide me on this one, too. City of Miami Page 88 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Let's say that Commissioner Gort -- you know, you don't want to be an attorney; I know that, especially at this time of life, you know. You want to make some real money; not be like most attorneys. The -- Vice Chair Gort: You'd be amazed. I'm changing profession in November. Commissioner Carollo: But let's say Commissioner Gort, his firm has clients for whatever -- you know, selling cookies; you know, whatever it is. Would -- and their clients are the firm's clients, but he's part of the firm, whether he brought them to the firm or not; we don't know, but they went to the firm when Commissioner Gort started with the firm. Would that, in your mind, be something similar to this; it would be a conflict? Chair Russell: Are you asking the City Attorney? Commissioner Carollo: No. I'm asking -- because I want him to guide me on this. Commissioner Hardemon: Give me the fact one more time, because you kind of stumbled in there. Commissioner Carollo: Commissioner Gort is working for `X" firm. The firm has done several matters of importance. A client that then has matters that will come up within the City. Can Commissioner Gort opine and talk about anything that would be helpful to that client or not, in your mind? Commissioner Hardemon: And he works for that firm that has that client? Commissioner Carollo: Yeah. Commissioner Hardemon: I would think he cannot, no. Commissioner Reyes: Exactly. Commissioner Carollo: Okay. Well, okay. Chair Russell: So what we have -- I'm sorry; you weren't finished. Commissioner Carollo: You know, I'm trying to put this in perspective, along with something else. Commissioner Hardemon: The reason I'm -- because then -- the argument would be that he has some sort of pecuniary interests -- Commissioner Carollo: Yeah. Commissioner Hardemon: -- in the matter. Chair Russell: So if I could, we do have a response, though. It's a little bit trivial as the respond -- applicant has -- interested party -- the firm has already offered to resign from the board -- Mr. Milian: Yes. Chair Russell: -- if this (UNINTELLIGIBLE) -- Commissioner Hardemon: Yeah, but then -- City of Miami Page 89 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Mr. Milian: In an abundance of caution, yes. Commissioner Hardemon: -- so he resigns from a board that -- the board, I'm sure, has some sort of -- does it have a two-year period in which they must -- he can't lobby that board? And so, now you have a board member who resigned. However, his firm is now going to lobby that same board. Commissioner Reyes: No. Commissioner Hardemon: I know they're not going to use him, but -- Commissioner Reyes: No. I think we're getting it all wrong. He's working for us, not for the masses. He's working for us. He is the one that is going to say, "This is a good deal or a bad deal. " You see? The one that has to come to the board and ask for a change. Am I right? Ms. Mendez: He is not working on this deal, unless you waive the conflict -- Commissioner Reyes: No, no, no. What I'm saying -- Ms. Mendez: So he's not working on it. Commissioner Reyes: What I'm saying -- Ms. Mendez: Whether he resigns -- Commissioner Reyes: What I'm -- Ms. Mendez: -- or not, he was never working on this deal. Chair Russell: So it will be a conflict even if he resigns? Ms. Mendez: Yes, because of the two years. Commissioner Hardemon: But see, the conflict is -- Ms. Mendez: Do business with the City. Commissioner Hardemon: --for two years, and that he's currently a board member doing business with the City. So there's a potential -- Ms. Mendez: It's doing business -- Commissioner Hardemon: But he couldn't work -- Ms. Mendez: -- with the City. Commissioner Hardemon: Right. He couldn't work on it no matter what, period. Ms. Mendez: Right. Commissioner Hardemon: He could not work on it. Ms. Mendez: Right. Commissioner Hardemon: And so, then the question becomes -- City of Miami Page 90 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Ms. Mendez: His firm can. Commissioner Hardemon: -- that's -- I mean, that's really the ultimate question. Commissioner Carollo: Well -- Commissioner Hardemon: Can his firm do it? Now -- but it's two different perspectives to look at this from; from his firm's perspective, because he has to deal with the Florida Bar on that one, right? That's a shielding issue. Commissioner Carollo: Yeah, but -- Commissioner Hardemon: But then the issue before us is about, you know, the business that's being conducted here before this body. And so, the question is, can someone who is before us, you know, who sits currently on our board, is it appropriate for us to hire his firm to do the work? Commissioner Carollo: Well, this -- I guess what you're trying to say is -- and correct me if I'm wrong -- that if Commissioner Gort's firm -- not Commissioner Gort, but his firm -- Commissioner Hardemon: Mm-hmm. Commissioner Carollo: -- would then go to the Planning and Zoning Board in representing a client, for whatever it is, that would be inappropriate then, if he's sitting up here? Commissioner Hardemon: That's -- Commissioner Carollo: I want -- Commissioner Hardemon: -- kind of like -- that's basically what I'm hearing, because I'm going to tell you this, right? Commissioner Carollo: But it's his (UNINTELLIGIBLE). Commissioner Hardemon: If that's -- because if it is appropriate, then I can work for a company that does business with the City of Miami. Commissioner Carollo: Yeah. But -- Commissioner Hardemon: And most of the firms won't hire someone who sits here -- Commissioner Carollo: Well, look -- Commissioner Hardemon: -- because they do business with the City of Miami. Commissioner Carollo: Guide -- you're the attorney, so I want you to guide me on this. In essence, that's what you're comparing; that if Commissioner Gort is an attorney, he's sitting here, his firm shouldn't be going before the Planning and Zoning Board, because that would be a conflict; if not, maybe -- I don't know -- an ethics violation of some sort. Ms. Mendez: Right. He won't be able to vote on -- if he's on the board -- Commissioner Carollo: No, no. He -- City of Miami Page 91 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Ms. Mendez: -- he will not be able to vote on anything. Commissioner Carollo: -- can't vote, but we're not saying that. What I'm asking him, compared to that -- Commissioner Reyes: But he is not going to go to the board. Commissioner Carollo: He -- Chair Russell: One at a -- can we do one at a time, please? Commissioner Carollo: -- is a Commissioner. His firm is representing somebody before the Zoning Board. Commissioner Hardemon: Or this board. Commissioner Carollo: Huh? Commissioner Hardemon: Or this board. Commissioner Carollo: Yeah, or this board; either one, but I'm trying to bring it even a little further away, but you said, "either board"; I understand. Then you don't think that's appropriate? You? I'm not -- Commissioner Hardemon: Me? Commissioner Carollo: Yeah. Commissioner Hardemon: You're looking at me. All I'm saying is this: If we can get a legal opinion that Commissioner Gort can serve on this board, recuse himself from every item that comes up regarding his firm, but his firm can still do continuing regular business with the City of Miami, if we can do that -- Commissioner Carollo: I don't see how you could do that. Commissioner Hardemon: If you -- No. What I'm saying -- Chair Russell: Its legal. Commissioner Hardemon: -- if you can do that -- Vice Chair Gort: It's legal. Chair Russell: It ain't pretty, but it's legal. Commissioner Hardemon: -- sign me up. Commissioner Carollo: Huh? Chair Russell: All right. So let me bring (UNINTELLIGIBLE) -- Vice Chair Gort. (UNINTELLIGIBLE). Chair Russell: -- encapsulate this. Commissioner Carollo: No, no. City of Miami Page 92 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: Please, please, Mr. -- Chair Russell: We have two. Okay, Commissioner Carollo and then Commissioner Reyes. Commissioner Reyes: Okay. Commissioner Carollo: I don't think it's legal. Vice Chair Gort: You can excuse yourself. Commissioner Carollo: And I'm going to tell you why I don't think it's legal. Because it would be a continuous conflict that you have, and that's part of what I understood from back in 2013 or '14, when I received the instructions from the Ethics Commission that I had. Chair Russell: Yeah. Commissioner Carollo: So that's the point. And this is what I believe Commissioner Hardemon was trying to say in different ways, and agree with me. What say you, Commissioner Gort? We were using you as the -- Commissioner Reyes: Can I -- Commissioner Carollo: -- (UNINTELLIGIBLE). Commissioner Reyes: -- ask just one question? Chair Russell: Commissioner Reyes, and then the Commissioner of record. Commissioner Reyes: What is the scope of services that this firm is going to provide? The scope of service, that's what we have to determine. What is the scope of service? And then we will determine if there is a conflict. What is the scope of service? You're going to advise us on the deal, right? Mr. Milian: Well, my firm would be; not me. Commissioner Reyes: And you would represent -- not you, the company -- Mr. Milian: Right. Commissioner Reyes: -- or whoever it is, is going to represent its on the negotiations, and negotiating the best deals for the City of Miami. Mr. Milian: Correct. Commissioner Reyes: Is this firm (UNINTELLIGIBLE) negotiations -- when you come to us with your report that says, "This is the best deal, " are you going to go before any of our -- I mean, any other boards -- Commissioner Hardemon: No. Commissioner Reyes: -- asking for -- and ask for a change of zoning? That is not in the scope of your work. Mr. Milian: No. City of Miami Page 93 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: And what we have to -- I think that what we have to concentrate, it is on the scope of your work. If it is a conflict between the scope -- the services that they're going to represent -- I mean, they're going to provide us, and the position he has. And as of that, if he is not going to go in front of any board in order to have any -- I mean, I'm not going to say only the Zoning Board; any board. Mr. Milian: Right. Commissioner Reyes: And you are not going to come before us, and then you are not going to say, "Okay, we have to" -- I mean, have to change anything, you know. "This is the deal. We are representing you. We think this is a good deal because of this, this, this, this, and this. " Okay? Mr. Milian: Right. Commissioner Reyes: And that's it. That's the scope of service. Chair Russell: Got it. Commissioner Reyes: Nothing else. Chair Russell: You don't need to respond. So -- Commissioner Reyes: You see? You understand it? Chair Russell: Yes. So I'd like to bring this to a vote, but what I'd like to -- I understand what the Commissioner was illustrating here. What we've got is what's legal, what's ethical, and then what's optically correct, right? Only one of them has a standard that you must absolutely in every sense, you know, comply with from a legal perspective. Ethics Commission may make an opinion on the other, and the other maybe just looks bad. Right? And so, as I said earlier, it's important that we get all three right, because this is a very public negotiation; and so, we need to pass the standard of all three. With your resignation from the board, I'm satisfied personally that there is no conflict that we need to worry about from a legal, ethical, or optically -- optical standpoint. So I'm ready to take a vote on this, if the board is. Commissioner Carollo: Well, look, if this is what you're offering to do, I would have to agree with Commissioner Russell that that would take care of any either direct or potential future conflict of interest with you on the board. Can you see any other possibility, Madam City Attorney, of any --? Ms. Mendez: No. That's fine. He just cannot work on this item, because it's a two- year issue. So -- Commissioner Reyes: Okay, fine. Ms. Mendez: -- you're not working on this item. Mr. Milian: That's fine. Ms. Mendez: And you'll resign from the board? Mr. Milian: Yes. Ms. Mendez: So we're good. Thank you. Chair Russell: Thank you very much. Is there any further discussion from the dais? City of Miami Page 94 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Hardemon: Yes. Have we gotten an opinion? (UNINTELLIGIBLE) member of a board? No, because I want to know. Because that means my (UNINTELLIGIBLE) as an attorney goes up tremendously, and I'm making the wrong life decision. Chair Russell: So to clarify the question, you'd like an LSR (Legal Services Request) here, basically? And just so I can -- Commissioner Hardemon: They may already have something. So what I'm asking is that we not vote on it just now; let's move on to other business, and then come back to it. (UNINTELLIGIBLE) -- this is more than just this decision. Chair Russell: This is a discussion on ethics and conflict -- Commissioner Hardemon: This means something to me -- Chair Russell: I understand. I understand. Commissioner Hardemon: -- in my career; and so, I want to know what's appropriate, because if I get advice that, you know -- Commissioner Reyes: Okay. Commissioner Hardemon: -- and closed up, and we're doing this stuff in the open. Ms. Mendez: Just to clam, what we have opined before is if you are a member of a large firm, and your firm comes before this Commission, the person would have to recuse themselves, not vote, and the firm could still come before the Commission. However, before anybody does something like that, they need to seek an Ethics opinion, as well, because I have given ethics opinions in the past, and the Ethics Commission can choose not to follow it. Okay? Commissioner Carollo: Yeah, but it requires a lot more than that, Madam City Attorney, a lot more. Ms. Mendez: That's why an Ethics opinion is always recognized. Commissioner Carollo: Well -- yeah. For instance -- and this is what I think, and -- Commissioner Hardemon: Well, who's -- like -- maybe -- the Ethics opinion is one thing -- Commissioner Reyes: Well --yeah. Listen. Commissioner Hardemon: -- because the ethics applies -- I'm sorry to interrupt you, but I have to. The ethics applies to the elected official, or whoever the public servant is, but the public servant removed himself from the discussion. He removed himself from -- much like what our dear Commissioner -- our dear County Mayor does when his son comes before Miami -Dade County Commission; he removes himself from the discussion. He does not cause or influence to what's happening. And so, therefore, then, his son -- and say, for instance, it will be -- I'll -- ifI speak it in the air, my firm -- right? -- they would make their appeal to the board members on this dais, and then they make the decision one way or the other, which I have no influence over, and I shouldn't make any comment about, because it would be inappropriate. So I've absolved myself of any ethical dilemma. City of Miami Page 95 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Ms. Mendez: But the only way you absolve yourself is by getting a direct Ethics opinion. That's -- Chair Russell: I agree with you, Commissioner. Commissioner Carollo: Here, Commissioner Hardemon, is where the dilemma lies in what you're saying; that -- and I'm remembering from what was written to me and told to me back then in their instructions to me as Manager. How do you control the perceptions that many others can have? Do you know if `X" employee is going to deal with the firm's client that they know you work for in the same way as they would if they were not your firm's client? And this is why it gets really muddy with ethics, and you're right. Look, I will say this from what I've seen about you. You've made sure that your law firm is not going to be, in any way, shape or form, in the middle of anything that could be a conflict with the City of Miami. I commend you for that, because I'm sure that you've had a lot of people knocking on your door to try to hire you so that they could see how they can maneuver the gray areas of law and see how they could get afoot up on someone. Commissioner Hardemon: But the thing about it is that I want -- you know, we believe in following the law, right? So you follow the law. You know, the whole ethics thing is a fleeting sort of discussion, because ethics depends on where you are, what part of the City, what country you're from. I mean, you try to create these ethical norms -- right? -- that make sense for where we do business. And then they try to make ethics laws -- right? -- which is another fleeting sort of concept, because it all tenders upon -- not upon what the established law is, but what four or five people sitting in a meeting say is the law. Right? So it's a very interesting thing. (UNINTELLIGIBLE) case -- it's a very interesting thing, our Ethics Commission, et cetera. But in line with what we've been given and the rules that we have to follow, you know, if I'm being told that someone can sit on this dais, and as long as they recuse themselves from matters that involve a firm that is very large, that that firm can do regular business with the City of Miami, and that it's perfectly fine, then I've learned something new that I wish I had learned six years ago. That's all I'm saying. Chair Russell: Thank you. Commissioner, do you --would you still like the item tabled? Commissioner Hardemon: Yes. Commissioner Carollo: I think you're right -- Chair Russell: Okay. Commissioner Carollo: -- in your first opinion. Chair Russell: There's a request to table the item. The mover and the seconder -- Commissioner Hardemon: Yeah. Not to test your vote. I'm not going to ask the -- Commissioner Reyes: Table -- Commissioner Hardemon: Because -- listen, because I could potentially be a vote in favor for you for this motion. Commissioner Reyes: Yes, yes, yes, but I want to know until when, because remember, time is of the essence. Commissioner Hardemon: No, no. It's today. City of Miami Page 96 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: We have to have a contract or a proposal in place before September. Commissioner Hardemon: Just today, because I know -- Commissioner Reyes: And I don't want them to use this as an excuse and say, "Oh, what's" -- "let's wait until November; that Willy Gort is not going to be here, and Manolo maybe might not be here either. " You see? Commissioner Hardemon: For now, for now, it is today. Commissioner Reyes: That as -- if it is -- Chair Russell: He's asking to be tabled to today. Commissioner Hardemon: Right. Chair Russell: It would come -- Commissioner Reyes: Today or tomorrow (UNINTELLIGIBLE). Chair Russell: We're almost done with the day, by the way. Commissioner Hardemon: Right. I know we're almost done, but at least give them time to kind of talk to me -- Commissioner Reyes: Sure, sure, sure, sure, sure. Okay. Commissioner Hardemon: -- to decide, and at most, it'll be to the next meeting. Commissioner Reyes: Okay. But you know my point also, right? Commissioner Hardemon: Yes. Ms. Mendez: So I wanted to -- Chair Russell: Madam City Attorney. Ms. Mendez: -- clarify something. Unfortunately, I've been receiving information that, apparently, Fowler White's affiliate firm, which is O' -- I'm butchering the name -- O'Melveny, also has some sort of Cuba practice. So based on this, honestly, right now, I'm a little -- if we could just reset this until next meeting -- Commissioner Reyes: Then I -- if they do -- Ms. Mendez: -- and I'm sure I will get -- Chair Russell: You're receiving this? I'd like to understand -- Ms. Mendez: Yes. I'm sure I am going to get a lot more information about everybody that does some type of advice with Cuba, and then, you know, you'll probably be down to -- Commissioner Reyes: If that's the case, they hid this from us, and that will disqualify them. Chair Russell: Commissioner Reyes, would you like to ask -- City of Miami Page 97 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Hardemon: Yeah. Chair Russell: --because he's here from New York. Commissioner Reyes: Who will have -- Mr. Milian: Yeah. That's -- They're actually here, and they've assured us that they had no ties whatsoever -- Chair Russell: (UNINTELLIGIBLE) for this meeting to answer these questions, so if you'd like to answer -- ask any questions -- Commissioner Reyes: No. Chair Russell: -- (UNINTELLIGIBLE). Commissioner Reyes: Because if that's the case -- Mr. Milian: He flew down from here. Commissioner Reyes: -- I will re -- I mean, that's -- Irwin Rai: Hi. Irwin Rai, from Melveny Myers. City Attorney -- I guess someone sent a link from our firm website that had an article written by a partner about Cuba, but we do not represent anyone in Cuba that I'm aware of, nor have we done business in Cuba. We do not have an international practice in the Caribbean or Latin America, and we've not done work -- Chair Russell: That's not the question, though. Mr. Rai: So to answer the -- but to the question, I ran a conflict check. I checked with our management; we're not doing any business in Cuba -- Commissioner Reyes: Have you done it? Mr. Rai: -- or advised any -- No, we have not. Commissioner Reyes: Have you advised? When you said that it was an article, it was an article about Cuba? Mr. Rai: That we wrote an article about President Trump announces changes to U.S. Cuba policy. That was it, a summary of what the President announced. Commissioner Reyes: Oh, a summary of what the President; that it could be written by anybody here in Miami? Mr. Rai: Correct. Commissioner Reyes: It's just an article? Mr. Rai: It's just an article. That's what just showed up on my (UNINTELLIGIBLE). I just (UNINTELLIGIBLE). Commissioner Reyes: I would love to see it, and now that we're tabling this, I'm going to find out. Okay? Mr. Rai: Yeah. City of Miami Page 98 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: The question, I believe, though -- because you gave a lot of clarifications -- but the main question that Commissioner Reyes has posed for everyone here, do you advise American companies who intend to do business in Cuba? Mr. Rai: I've been told we do not. Chair Russell: Okay. Commissioner Reyes: Make sure that you don't. Mr. Rai: I'm --you know, that's what I've been told. Chair Russell: All right. Mr. Rai: I can quadruple check it, because I knew this was a sensitive topic. Commissioner Reyes: You know why I'm telling you to make sure that you do? Because now everybody and their cousin that wanted to be apart of this contract -- I don't know why; it's not such a huge contract -- they are going to be looking with -- I mean, looking in everything that your company has done. Mr. Rai: Well, I'm -- Commissioner Reyes: You see? And for the record, I don't know any one of those guys, okay? I picked them because they were of the three that the City Attorney recommended; the only one that I thought that didn't have any dealing with Cuba, and that's why I propose it. Chair Russell: Thank you. Commissioner Reyes: Because I don't know any one of these. Mr. Rai: So I -- you know, the -- I'm actually quite sympathetic to the issue; my family's Cuban American, first -generation American. I understand the -- Commissioner Reyes: You're Cuban? Mr. Rai: Yes. My parents were both born in Cuba. My father came -- Commissioner Reyes: And what's your last name? Mr. Rai: Rai. Commissioner Reyes: Rod? Mr. Rai: Rai. Commissioner Reyes: R -O -D? Mr. Rai: R A -I -J, Rai. Commissioner Reyes: Oh, they came from Europe someplace, right? Mr. Rai: Correct. Before going to Cuba, they came from Poland and the Ukraine. City of Miami Page 99 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: Jesus Christ; they went running from communism, and then they got to run again. Mr. Rai: Exactly. Luis Konski: Just to say, I'm also -- Luis Konski, from Fowler White. Chair Russell: I'm sorry. You need to step to the microphone, please. Commissioner Reyes: You are? Mr. Konski: Yes. I'm also from Fowler White. Chair Russell: What is your name, please? Mr. Konski: Luis Konski, K -O -N -S -K -L My family comes from Cuba, comes from Europe. They were in Cuba from 1920 to 1961. We were the victims of Fidel Castro, also. My brother was also the roommate with his father, so we know his family well back. Okay? Commissioner Reyes: Well, I would have -- you would have fooled me, man. Mr. Konski: I'm sorry? And frankly, I have never gone back to Cuba. I tell people not to go to Cuba. I think it's -- Commissioner Reyes: For the record -- Mr. Konski: --a crime. Commissioner Reyes: --for the record -- Mr. Konski: Yes. Commissioner Reyes: -- you being Cubans -- Mr. Konski: Yes. Commissioner Reyes: -- doesn't -- I mean, it does not have any influence in my choice. I didn't know, you see. I want, for the record -- Mr. Konski: Right. Commissioner Reyes: --people to know that, okay? Chair Russell: All right. Thank you very much for the clarifications -- Mr. Konski: Thank you. Chair Russell: -- and the Cuban bona fides. Commissioner Reyes: Yes, sir. Chair Russell: Mr. Clerk, we have a motion and a second, but we'd like to table the item. May we move on in the agenda? Mr. Hannon: Yes, sir. City of Miami Page 100 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: All right. There's a lot of hours not being billed in this audience right now, so I'm sure they want to get through this item, but we don't have much left here, so we'll get back to it relatively soon. Can I take up --? Oh, we have an ordinance; FR. 1, please, capital budgetingprocess update. Commissioner Reyes: FRJ? Chair Russell: Yes. Ms. Mendez: So what did we decide to do? Are we resetting --? Chair Russell: We're tabling it for now. We're going to come back to it this afternoon. I believe Commissioner Hardemon just wanted to do some discussion with you on the side, and we're -- Ms. Mendez: Okay. Chair Russell: -- going to come back to this later. Ms. Mendez: Just to point out, capable hands of Mr. Barnaby grade, and I will be -- Chair Russell: Congratulations Ms. Mendez: -- attending that -- at 5 p.m., unfortunately, I will leave you in the Min, because my son is graduating from eighth Commissioner Reyes: Congratulations. Ms. Mendez: -- celebration. So thank you. Chair Russell: Congratulations. Thank you. All right. We'll do as fast as we can. Later... Chair Russell: RE. 8. We are back to our legal consultant from Miami Freedom Park, and other than the Boards and Committees, this will be our last item for the day. Commissioner Reyes, I think you may have changed Miami. If you listen carefully, I think we can hear the sound of web pages disappearing for legal services to advise people on Cuba business, as we speak. Everyone is going to erase that from their site and stop offering those services, if they want to do business with you. All right, so REB. We had a motion and a second on a recommendation for --and I just want to make sure I get it right -- Fowler White. Commissioner Reyes: Yes, sir. Chair Russell: Is there any further discussion? Commissioner Reyes: Yes, sir, because I know that now everybody is going through -- I think what we open -- I opened a can of worm -- that everybody -- whoever is going to get this, people are going to be looking like a fine comb to look for any relationship event from Cuba. Now, once again, I want you guys to tell me, there have been some -- come to me that people have -- they had message, you see, my ojfice, and that there are some Fowlers; that they have done something about Cuba and -- or they represented Cuba. I want, once and for all, tell me the truth. City of Miami Page 101 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Mr. Konski: I've seen some of the documentation. It is Fowler Rodriguez; a different law firm. It's a New Orleans law firm that, I understand, no longer exists. Commissioner Reyes: Okay. I heard there was another Fowler; that he was in -- he did some -- he did something with Cuba; had an article written, or did -- he did -- was in a seminar or some -- seminar, I don't care, because I'm a teacher, and I taught communism, and I'm not a communist. Mr. Konski: As I said, I read part of the article that seems -- it is George Fowler at Fowler Rodriguez, not Fowler White. Commissioner Reyes: Do you have a relationship with Carnival? Mr. Konski: We do. We represent them, personal injury for -- or injures in the boats themselves. Commissioner Reyes: You don't represent them in the -- their agreement with -- because they've been sued by people that used to own -- that -- where those docks were built in Mariel. You don't represent them for those -- Mr. Konski: No. Commissioner Reyes: -- in negotiating -- in docking in the Mariel? Mr. Konski: No. Commissioner Reyes: Okay. Commissioner Hardemon: But they represent Carnival, and Carnival does business in Cuba. Commissioner Reyes: No, but they represent -- not in that aspect. I mean -- Commissioner Hardemon: Then they told (UNINTELLIGIBLE). Commissioner Reyes: No, no. Commissioner Hardemon: You got a conflict. You represent -- they represent a firm Commissioner Reyes: No. They represent -- Commissioner Hardemon: -- they represent people in Cuba. Commissioner Reyes: Well, they -- Commissioner Hardemon: So there's -- if there's an incident -- Commissioner Reyes: They represent -- Commissioner Hardemon: -- on a boat in Cuba, they will represent them. Commissioner Reyes: Okay. Listen, I don't care if they're them, because I -- or anybody else, but what I'm trying to be is fair. Commissioner Carollo: Well, trying to go around -- City of Miami Page 102 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: They represent Carnival, they didn't represent Carnival in the negotiations with Cuba. Chair Russell: Commissioner Carollo. Commissioner Carollo: Carnival -- Mr. Konski: Nor any advice to Cuba. Commissioner Carollo: -- represents the Miami Heat; same ownership -- Commissioner Reyes: That's right, same ownership. Commissioner Carollo: -- at the top. Commissioner Hardemon: We got a bigger problem then. Chair Russell: All right. Okay. If we are done with six degrees of Cuba, shall we -- Commissioner Hardemon: But what's important about this is that we're trying to make a determination about the relations that we're going to have with an attorney's firm who's going to be consulting in the City of Miami moving forward. And the firm that has been represented, there's been identification that they presented someone before us that is a Vice Chairman of the PZAB (Planning, Zoning & Appeals Board) Board; that -- Commissioner Reyes: That is different. Commissioner Hardemon: -- you know, that they represent an organization that does business in Cuba. That was the (UNINTELLIGIBLE) -- Commissioner Reyes: Okay. If that is -- Commissioner Hardemon: -- that, you know -- Commissioner Reyes: -- I mean, I will retire, and I will get somebody else. I mean -- Commissioner Hardemon: So -- no, no. What I'm saying so is -- so the question is either do we take more time to research these firms and bring them back the next meeting, or do we -- you know, we try to select a firm today? These firms are representative of people's last names, right? And those last names were able to hire --for some of them -- hundreds of attorneys. Commissioner Reyes: Yes, but -- Commissioner Hardemon: And so, there are attorneys who are there -- you know, do -- what if they are descendants of someone who worked for or who does business or live in Cuba. Commissioner Reyes: No. That's -- you're taking it a little bit too -- Commissioner Hardemon: I'm taking it far, but what my point is -- Commissioner Reyes: No, no. You're taking it a little bit too far. My concern -- Chair Russell: Slippery slope. City of Miami Page 103 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: -- and what the law says is that you represent somebody you see, you advise somebody that is doing -- I mean, you're -- what they're doing you are their adviser for businesses in Cuba -- you see? -- that you are directly involved. Vice Chair Gort: You remember the question? You don't have to (UNINTELLIGIBLE). Commissioner Reyes: Okay? Okay? You want to retire this? And then I will nominate somebody else. I mean, it's fine. How do you think --? Commissioner Hardemon: No. The question is, do we -- so do we -- knowing how far we've come on this, I want to give everyone an opportunity to make an educated decision about this, because if there is -- if it's about the degree of separation from Cuba -- if you're saying, "Okay. Well, Fowler is appropriate, because they have a degree of separation from businesses who do business with Cuba, " then the other people who've been listed as doing business with Cuba should have an opportunity to say, "Well, you know, I'm attenuated from this. " Commissioner Reyes: Yes. Commissioner Hardemon: All I've done is advised somebody" -- Commissioner Reyes: Okay, by association by being with -- okay. Commissioner Hardemon: So that's my point. Commissioner Reyes: You know, what I'm going to do -- and probably, it is -- could be the best thing to do, because will be the less expensive company, you see. I'm willing -- if you agree, Carollo, will retire my nomination, and I will nominate Pando. Commissioner Carollo: Who? Commissioner Reyes: Pando. Commissioner Hardemon: I say we continue for two weeks. Commissioner Reyes: No, sir, because that is going to be -- Commissioner Hardemon: That's a -- that deadline that they've given us -- right? -- is not a -- to me, is an artificial deadline. The deadline that they're trying to -- that you believe is going to be pushed up against you is an artificial deadline. I don't think that that deadline makes any sense. If we wanted to call for it today, tomorrow, 30 days from now, we, as this board, can say, "We want a report on what's going to happen with Melreese then. " You know, we don't have to wait until this artificial deadline that was created. You know, I firmly believe that whenever we determine that it is time, then it is time. Commissioner Reyes: Whenever we decide that it is time, it is time. And if they don't come up, and they can use that deferrals and all the deferrals that we have, and they didn't have time with the -- I mean, the attorneys and all of -- Commissioner Carollo: But I'm willing to go one more deferral, but, you know, bottom line is, one more, and next time we choose somebody. Commissioner Hardemon: Okay. I understand that. City of Miami Page 104 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Carollo: And let -- Commissioner Hardemon: But -- Commissioner Carollo: -- me say this. Commissioner Hardemon: -- the attenuation should be those who -- I'm sure everyone hears it now -- but those who are -- who have done some business with someone that may have been affiliated with Cuba, they need to be prepared then to prepare -- like show us what it is and how far (UNINTELLIGIBLE). Commissioner Reyes: Okay. But what type of association they have, because in my opinion, you see, it is the same -- Chair Russell: Commissioner Gort has been waiting to speak; I apologize. Commissioner Reyes: -- it's still same, because in this case, I mean, I -- in this case that they have represented Carnival, it's the same thing that I'm saying that because you represented some people that you are associated with Manson. You know what I mean? Chair Russell: Thank you. Commissioner Gort. Commissioner Reyes: Some criminal. That is not the same. Vice Chair Gort: I recommended six names (UNINTELLIGIBLE) most of the large, major firms that have a lot of problems. We have a very small firm; it's right here, Ana Maria Pando. She's not done anything with Cuba, maybe that's -- we consider that. Commissioner Reyes: I agree with you, sir. Commissioner Carollo: Are you sure? Chair Russell: All right. So we're going to -- Commissioner Reyes: Yes, I agree with you. Chair Russell: -- defer this item for two weeks. Is that a motion? Commissioner Hardemon: That's a motion. Todd B. Hannon (City Clerk): Excuse me, Chair. Chair Russell: It's been moved -- Mr. Hannon: So either Commissioner Reyes or Commissioner Carollo has withdrawn their motion, officially? Commissioner Carollo: Yes. Commissioner Reyes: Yes. Chair Russell: All right. There's a motion from Commissioner Hardemon to defer this item for two weeks. That would put it on the next agenda, May 23. City of Miami Page 105 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: Are you -- wait a minute. I want Commissioner Carollo and Commissioner Gort opinion, if they agree with the deferral? Commissioner Carollo: I agree with the deferral, but -- Commissioner Reyes: You agree with the deferral? Commissioner Carollo: Yeah, but -- Commissioner Reyes: And I want the commitment from Commissioner Hardemon that we will have them before us before September. Vice Chair Gort: Hey, we'll make the decision in two -- Commissioner Hardemon: I'm on your side. I'm your friend. Vice Chair Gort: -- we'll make a decision -- Commissioner Reyes: I know you are (UNINTELLIGIBLE). Vice Chair Gort: -- in two weeks. Commissioner Carollo: Okay. Vice Chair Gort: Two weeks, we'll make a decision. Chair Russell: All right. Commissioner Carollo: This -- all right -- Chair Russell: I will second it. It's May 23. Commissioner Carollo: Yeah. Chair Russell: There's a motion. There's a second. Any further discussion on the deferral? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes. Commissioner Carollo: Mr. Chairman? Chair Russell: And the last thing we have left is -- Commissioner Carollo: No, no, no, no. There's a couple of things; they're quick. Chair Russell: Sure. Commissioner Carollo: But before that, I'd like to ask from the City Attorney that all these firms that apply -- and you gave us recommendations -- this is what I'd like for you to give us for the next time we meet; before, obviously. Commissioner Reyes: The cost. City of Miami Page 106 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Carollo: I want the firms that have the most experience in real estate transactions first; and then if you want, give me another list of the top firms that have experience in stadium transactions -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- because the one thing that this deal has is less stadium and much more real estate. This is more a real estate transaction. The stadium is only 25, 000 seats. It's one-third of Robbie Stadium, and I'll still call it Robbie Stadium. So this is not, in my eyes, a stadium deal, because that stadium is going to provide a minute amount of money to its. It's the rest of the deal that I want to get a real market rate value on. Barnaby Min (Deputy City Attorney): Yes, sir. Commissioner Carollo: So provide me that. RE.9 RESOLUTION 5809 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT Commissioners TO SECTION 54-16 OF THE CODE OF MIAMI, FLORIDA, AS and Mayor AMENDED, DIRECTING THE CITY MANAGER TO INITIATE THE ABSENT: PERMANENT RESTRICTION OF VEHICULAR ACCESS ON SOUTHWEST 24TH TERRACE AT ITS INTERSECTIONS WITH SOUTHWEST 17TH AVENUE AND SOUTHWEST 27TH AVENUE TO ELIMINATE CUT -THROUGH TRAFFIC, THROUGH THE USE OF A PERMANENT LANDSCAPE BARRICADE, OTHER REMOVABLE BOLLARD DEVICE, OR NON -PERMANENT DEVICE, SUBJECT TO FINAL APPROVAL BY THE MIAMI-DADE COUNTY DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS TRAFFIC DIVISION, INCLUDING LOCATION OF THE BARRICADE OR OTHER DEVICE, AND CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN; DIRECTING TRANSMITTAL TO THE OFFICIALS STATED HEREIN. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Note for the Record. Item RE.9 was deferred to the June 27, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item RE. 9, please see "Order of the Day," and "Public Comment Period for Regular Item(s). " City of Miami Page 107 Printed on 0710812019 City Commission Meeting Minutes May 9, 2019 RE.10 RESOLUTION 5837 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT Commissioners TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED, AUTHORIZING THE ALLOCATION OF AYES: GRANT FUNDS FROM THE DISTRICT 4 SHARE OF CITY OF ABSENT: MIAMI'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00) TO LA LIGA CONTRA EL CANCER, INC., A FLORIDA NOT FOR PROFIT CORPORATION, IN SUPPORT OF PURCHASING DRUGS/MEDICINES FOR CANCER PATIENTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0189 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissionei SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Chair Russell: We are in the RE (Resolution) items. We do have a quorum. I'd like to try and take up a few items that we may not need everyone for, but let's see. RE. 10, allocate funds to La Liga Contra El Cancer. Is there a motion on that item? Vice Chair Gort: Move it. Chair Russell: It's been moved; seconded by the Chair. Is there any discussion on the dais? Being none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? RE.10 passes. City of Miami Page 108 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 REA 1 RESOLUTION 5814 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), APPROVING AND ESTABLISHING A ONE (1) and Mayor YEAR PILOT PROGRAM FOR LITTLE COMMUNITY LIBRARIES AYES: FOR PRIVATE PROPERTIES ("LIBRARY") LOCATED IN THE CITY ABSENT: OF MIAMI ("CITY" TO BE ADMINISTERED BY THE DEPARTMENT OF NEIGHBORHOOD ENHANCEMENT TEAM ("DEPARTMENT"); ESTABLISHING CRITERIA FOR PERMITTED LOCATIONS, GENERAL PHYSICAL REQUIREMENTS, FABRICATION, CONSTRUCTION, AND INSTALLATION STANDARDS; ESTABLISHING A PROCESS FOR THE EVALUATION AND REVIEW OF APPLICATIONS; REQUIRING EXECUTION OF AN APPLICATION AND COVENANT AS A CONDITION PRECEDENT TO CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF A LIBRARY; PROVIDING FOR AN APPLICATION FEE; DELEGATING AUTHORITY FOR EXECUTION OF PERMITS TO THE CITY MANAGER OR DESIGNEE; ESTABLISHING SUCH OTHER TERMS AND CONDITIONS PURSUANT TO COVENANT AS DEEMED NECESSARY; PROVIDING FOR AN EFFECTIVE DATE. =1ill /_ClaIIT, l:1ill kiill 01IT, 114:M:aP1111Rif MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For additional minutes referencing Item RE11, please see "Public Comment Period for Regular Item (s). " Vice Chair Gort: Any amendment? We have to wait? Chair Russell: We can take up your item, Commissioner Reyes, with regard to Little Community Libraries, RE. 11. Is there a motion? Commissioner Reyes: I'm --it's a motion. I move it. Chair Russell: Moved by Commissioner Reyes. Vice Chair Gort: Second. Chair Russell: Seconded by Commissioner Gort. Obviously, in support of this item; just a couple questions procedurally, and the main one is, why do we need to regulate them? I mean, little -- Commissioner Reyes: What? Chair Russell: Why do we need to regulate them? My worry is that this is something that just -- Commissioner Reyes: Well Citv ofMian ni Page 109 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: -- families put on their front yards, right? Or are we talking about commercial properties and stuff like that? Commissioner Reyes: We can have also on commercial property, and I want to know -- make sure that if somebody comes -- I mean, Code or anybody comes in and tell them, "You cannot have this in front of your house. " Chair Russell: So is a small item like this in your front yard, "Is that a code violation?"I guess is the main question. Is that --? Commissioner Reyes: It is -- a code violation is -- even if you have a restaurant and you place one of those fat figures of a cook on it, they cite you for it. Chair Russell: But my worry is that, you know, if we get to the point of -- this is sort of like, you know, families and kids putting books out for their neighbors to read or something like that, what -- like lemonade stands and stuff like that. Are we going to start making them get a BTR (business tax receipt), and get Code and -- Commissioner Hardemon: Wait, wait. Now, lemonade stands absolutely need a BTR. Chair Russell: Of course. But there's no reason -- Commissioner Hardemon: That means (UNINTELLIGIBLE) money. Chair Russell: This is a property rights issue, right? Commissioner Reyes: Yes, a property right. But you know what happened? Miami 21 -- Chair Russell: I'm sorry, Commissioner. Commissioner Reyes: -- when you did Miami 21 -- I mean, you didn't -- the people who were here did Miami 21. It's -- I mean, correct me if I'm wrong, Commissioner Gort. Chair Russell: Commissioner Gort, you had a comment. Vice Chair Gort: Let me tell you what worries me. I don't have any problem with it, anybody establishing Little Books [sic], but I want to make sure the homeowner where this is taking place, they're reasonable people, because you're going to have little kids coming over, and we all know how many kids can be very naive. And today, unfortunately, this world is changing; every day, it's changing. You can really not trust -- Commissioner Reyes: Okay. Vice Chair Gort: -- so I really would like to make sure that whoever puts it up will go through a process, so we can ensure that -- Commissioner Reyes: That's right. Vice Chair Gort: -- legitimate individuals doing it. Chair Russell: But we don't have that process -- we're not regulating the content of what they're (UNINTELLIGIBLE). City of Miami Page 110 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Vice Chair Gort: No, not the content or anything, but the person himself, where it's going to take place. Commissioner Reyes: That we have to vet the person. Chair Russell: But, I mean, do we have a concern as a city, if we start getting involved in licensing these little libraries that we have any liability; that if somebody goes onto someone else's property and something happens to them, and we've licensed this, or they're putting very inappropriate content in those libraries, and we've licensed it, do we have any liability issues as a city? Is this something we should just be letting people do? Vice Chair Gort: Excuse me, excuse me. If we look at the liability, do we have any liability to allow it? Commissioner Reyes: That's right. Chair Russell: But not regulate it. Yeah, that's what I just -- I mean, if it is an ojfcial code violation, and it's something that we would otherwise enforce -- I just don't want to give families a hard time who are just doing something nice in their neighborhoods. Vice Chair Gort: I understand. I think it's very natural and all that, but also, we have to be very careful. We have many family, very, very (UNINTELLIGIBLE), a lot of nice families, but also, we have some ugly families. Commissioner Reyes: That's right. Chair Russell: Is there anything in -- within the regulation that would be able to vet anyone who is applying for this in any way? That's Commissioner Gort's concern. I don't believe we do, right? And -- Commissioner Hardemon: No. You just take a book, wrap it in some -- how they do newspapers -- they put it in some Saramvrap or something, and just toss it in the yard. Commissioner Reyes: Well, let me tell you, the idea came because in those mini - parks, you know, we wanted to establish one. I said, "Well, why don't you allow" -- I mean, "we allow people that they can exchange books this way, " you see? Chair Russell: Yes. Commissioner Reyes: I think El Portal has it right here. Chair Russell: Yeah. Commissioner Reyes: And there's a municipality also has it. Chair Russell: Yeah. I mean, people are already doing it. I'm just wondering why we need to regulate it, a lot of government regulation on it. Commissioner Reyes: Well, that's a very -- that's a valid question. That's a valid question. It's my front yard, and I'll do with it whatever I want, supposedly, but you cannot do it. Vice Chair Gort. It's your front yard, but you can't do whatever you want. City of Miami Page 111 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: That's right. But that's a valid question. People -- Vice Chair Gort: You can't -- we have codes and we have zoning -- Commissioner Reyes: Absolutely. Vice Chair Gort: -- and we have -- Commissioner Reyes: But people will say that, but you cannot, because we have -- Vice Chair Gort. The reason I asked where else it's been done, because the City of Miami, we tend to be a little different. A lot of things that works in many other cities, inhere is a little different. I don't have any problem. I think it's a great idea -- Chair Russell: It is a good idea. Commissioner Reyes: Yeah. Vice Chair Gort: -- (UNINTELLIGIBLE) people. I remember when I first came here, I remember when we first -- my family first moved here, we had a Welcome Wagon coming to our house -- Commissioner Reyes: Yeah. Vice Chair Gort: -- to welcome us to the neighborhood and to the City. Commissioner Reyes: That's right. Vice Chair Gort: You don't see that anymore. Commissioner Reyes: No; you're absolutely right. Let us bring a little bit more sense of community. Vice Chair Gort: I think it's a great idea, but I just -- Commissioner Reyes: Bring more sense of community, and that's what I want. Chair Russell: All right. So Legal is happy, Code is happy -- Vice Chair Gort: Move it. Chair Russell: -- Building is happy. It's been moved and seconded already. Any further discussion from the dais? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes, and that is RE. 11. City of Miami Page 112 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 RE.12 RESOLUTION 5820 A RESOLUTION OF THE MIAMI CITY COMMISSION MOVER: TERMINATING FOR CONVENIENCE THE REVOCABLE LICENSE Commissioners AGREEMENT ("RLA") WITH EVENT ENTERTAINMENT GROUP, and Mayor INC. ("LICENSEE") FOR THE ULTRA MUSIC FESTIVAL ("ULTRA") AT THE MARINE STADIUM SITE AND THE VIRGINIA KEY BEACH SITE (COLLECTIVELY, "SITE"), OR IN THE ALTERATIVE, DIRECTING THE CITY MANAGER TO ALLOW THE RLA FOR ULTRA AT THIS SITE TO REMAIN IN EFFECT AT THIS TIME. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For directive referencing item RE.12, please see item NA.2 For additional minutes referencing Item RE.12, please see "Order of the Day. " Chair Russell: Let's move back, please. We're almost done for the day. I say that; knock on wood. Commissioner Carollo: We got attorneys out there on Flagstone. Chair Russell: Yes, we have the -- Commissioner Carollo: If we could take that up? Chair Russell: Okay. Let me just recap what we have left, gentlemen, so we've jumped around a little bit. Commissioner Hardemon would like to discuss the Ultra item; we have the Flagstone settlement item, and we have the legal consultant for Miami Freedom Park items. And that is it for the end of the day, other than the boards and committees. So, Commissioner Hardemon, would you like to take up the Ultra item? Commissioner Hardemon: So I don't have to necessarily lead it. It's just obviously something that, you know, I think we, as a board, need to discuss, because what we have now is that we've lost two major events to other communities; one being Rolling Loud and the other -- actually, more than that -- Chair Russell: Fl? Commissioner Hardemon: -- Rolling Loud, Fl, and also -- Chair Russell: Ultra. Commissioner Hardemon: -- Ultra; just, you know, recently, within the past, say, year or two. We have to ask ourselves, "Well, what does that mean for us as a city?" What is it that we want to be? Do we want to be a retirement community? Or do we want to be a place where people come to experience life? Really, experiences thatyou'll remember for a lifetime. And it's interesting because those of us who grew up in Miami, you know, you may not have those memories of these sorts of events in our neighborhoods, because it just didn't -- they weren't there. You City of Miami Page 113 Printed on 0710812019 City Commission Meeting Minutes May 9, 2019 might have had some iconic spaces that are no longer there; for instance, like the -- well, it is there, but it's not operating, like the -- I always forget names when I need to say them, but where the boats come in at. Unidentified Speaker: Marine Stadium. Commissioner Hardemon: The Marine Stadium. James remembers because he's been to many concerts there and enjoyed himself, and had a great time. And I think there are Commissioners here who've also experienced that venue; I have not. And so, when you think about this space, you think about the City of Miami, you think about our neighborhoods. It's a wonderful thing that we have all these different types of experiences that bring people to our space. There was a time, I mean, just 10, 15 years ago, where the talk about coming to Miami was really about Miami Beach. You know, when people said, "Well, I'm coming to Miami, " they were talking about Miami Beach. They went to the Beach, and they had a good time, et cetera. Miami Beach is pushing people out of their neighborhood in ways that is almost reminiscent of days that we shouldn't be proud of. In the City of Miami, we've created these neighborhood experiences that are unique from any other place in Miami -Dade County. When you think about Little Havana, when you think about the Design District, when you think about Wynwood, and -- I mean, just -- the list goes on. You can literally spend a day in Miami, and it seems as if you've gone around the world, because you've had such significantly different experiences. And you're not in a shopping mall. You know, you're not at a planned development site. I mean, these are just organically unique experiences. And so, when you see people travel from all over the world to come to something like, for instance, Ultra Miami, the experience is more than just the music; it is the community, it's the environment, it's the high-rises, it's the water. It's all of that. I have a good friend that happens to be the Mayor of Miami Gardens. My mother lives there. But no one comes to Miami Gardens to be in the parking lot of the Hard Rock Stadium. That's not -- I mean, that's not an experience; granted, they're going to have a great time at whatever venue they're at, but, you know, I beg to differ. I would have loved to walk a mile across that bridge and look at the water and the moon over the stars, and having a good time with my friends, talking about what I just went through. I would have taken that walk. We've taken longer walks going to school or coming home from school. If I had a bag of cookies and some juice, I could walk from one county to the next. And so, you know, your experiences when you're having fun, and you're traveling through a community like Miami, I think it's something that makes Miami special. And if we keep pushing away world-class event producers who want to bring a benefit to not only the City of Miami, but also Miami -Dade County, we're going to find ourselves in a position where I believe that we're not happy with; that, you know -- The City of Miami is a very special place, but it's not as if we have the largest concentration of 500 -- I mean, Fortune 500 companies. You get that -- what? -- in Miramar? They have a theater, and they have -- I think they now have like an outdoor venue place. That's it. That is it. And so, you know, we may -- we don't have all the land right now to go out and build a -- what is it called? -- a park - - a commerce park, you know, where we can put a bunch of Fortune 500 companies, et cetera. We don't have necessarily that space. Right now we're trying to tackle some incredible things, but I want you to understand this. Miami's a place where they say that you have some of the richest people live, but it's also a place that they say has extreme poverty. So you have within walking distance units in a building that start a $6.7 million and $375 rent. I'm describing walking from Overtown to that -- Commissioner Reyes: Omni. Commissioner Hardemon: Yeah, right City of Miami Page 114 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: East Edgewater. Commissioner Hardemon: -- East Edgewater. Commissioner Reyes: Omni. Commissioner Hardemon: Right? And that's telling. And so, the question is, what happens? How is it that we're going to --from a budgetary perspective, how is it that we're going to supplement our budgets without increasing taxes? How is it that we're going to give people an opportunity to do incredible things within our City; create these experiences that attract people here so that the small businesses will continue to thrive? You know, recently, there's a fanatic -- there are fanatics about this Wawa. Wawa is now, it says, the new Miami store in droves, and they're selling pastelitos. How do you feel about that, you know? How does your neighborhood Cuban restaurant feel about Wawa ompricing them on pastelitos? Now, I know this about the Cuban people, right? You're not going to purchase your food from them; you're going to go next door, but that's not true for all of our neighborhoods. For all of our neighborhoods, sometimes they do choose the bottom dollar; it's cheaper, and it tastes almost the same, right? And so, this is about Miami. This is about people who want to be a part of our brand. This is why Miami is supposed to be special, and I get it. You know, I think we have the right to push the envelope. I think we have the right to make negotiations tough to get the best deal out of it that we can, but at the same time, we also have to understand the signal that we're giving other people that want to do business here in the City of Miami. So the Ultra discussion, you know, really and truly, we didn't even have an opportunity to counter. There was no opportunity to come back and say, "You know, what did you learn? And what experiences did you have as a partner in providing entertainment within our community? And what can we do to make it better? Do you like that site?" You know, "Was downtown a better site?" We lost all of that with a one-page letter just announcing that they were going to be moving on to another community. And, you know, there are rumors in the air about where they could be going, but what do they have to offer that is better than what the City of Miami has to offer? And when we lose that sort of business to places like, for instance, if it is in Homestead, or even in Miami Gardens, to go to the parking lot down the street from my mother's house -- right? -- you know, what does that mean? It almost comes to be that it's just the neighborhood. The neighborhood that surrounds it doesn't object to it. And we have, thankfully -- because I want our neighbors to be involved. I want our neighbors to be boisterous. I want our neighborhoods to really give their opinion about what's happening in the City of Miami, and it makes our jobs tough, because we have to make those tough decisions, but I like making tough decisions. You know, we have to make tough decisions. Commissioner Reyes: That's (UNINTELLIGIBLE). Commissioner Hardemon: And every decision that we're going to make is not going to be a popular one. Somebody is going to not like it; someone's going to like it. And so, it's always best to just do what you feel is the right thing to do. This year I was proud of Ultra, because for the first year that I saw, they made a significant investment in something that means much to many of the residents of the City of Miami. They were giving a million dollars towards the operating cost of the first black museum that was going to be built, or that should be built at Virginia Key. Never in all of their times in business had they made such a significant contribution. They hired lots of police ojficers; wonderful. They paid for ambulances; great. They did all these things that they kicked and screamed about to do; rightfully so. But at the same time, they never made a contribution like such to a cause that we believed in, and they did it. Right? And I -- and that's why -- and then I saw -- when you look at the type of investment that they have to make in order to make that work, and you City of Miami Page 115 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 look at the type of response that the people who visited it had -- and no matter what people say, news is news. News wants to report controversy. News -- What they say? "If it bleeds, it leads"? I mean, that's -- I didn't make that up; news did. Right? What we're concerned about is a community that is representative of where the United States is going in the future, and I really believe that that's what Miami is. I remember being away in college and talking to my friends who were from Miami, and they would tell me, I'm not going back to Miami. There are no jobs there for me. They don't give people of color a shot at anything. I'd rather go to Texas. I'd rather go to Georgia. I'd rather go to California. I'd rather go to New York"; all these places that they were taking. And I remember saying, I'm going home. I'm going home. " And it's tough, but our job now -- when I look at how home is changing, when I look at the opportunities that are growing, you know, if -- look how we -- look what happened to a home-grown organization. What do you want them to say? Ultra Homestead? Even if you don't like the music, if you like the music, there are certain -- I'll give you an example. There are other neighbor -- there are other cities -- and they know who they are -- where they have ordinances on the books that say that you can't hang your pants below your waist. They have signs in the neighborhood that warn you that you will be ticketed for hanging your pants below your waist. Right? Now, I get it. They have a Commission that, at the time when they created this, it's a bit older, and thinks that young people who wear their pants that way shouldn't, and what they chose to do was create law that makes it an offense for them to do that. Meanwhile, in the City of Miami, you can walk around in a thong -- Chair Russell: Or less Commissioner Hardemon: -- and be okay. If they chose stylistics to wear their pants below their waist, which is what they choose to do, how different is that than the man that wears his pants just below his nipple line? Its a choice of style, right? Fortunately for me, I wear a suit. I don't sag the pants of my suit, but when I'm at home and I wear my gym shorts, they sag. And so, the point is, is that what message do you send to those young people in that community that choose to wear their pants the way they want to wear them? How dare you tell them that they can't wear the article of clothing that they paid for a little lower than the way you wear yours, and make it a criminal offense to do it? I mean, that's terrible, that's terrible, but that's that city. That's that -- that City and that board created that policy. And so, what I'm saying here is that we have a wonderful mix of experience and leadership, and I think we have just -- we have all of the ingredients to make a wonderful place for people to live, experience, visit, for businesses to come, for a huge --just a huge up - kick in what Miami is and what it's going to be. I'm not old enough to have experienced what Bicentennial Park was actually like. I only know what they tell me. Vice Chair Gort: Used to go dancing there. Commissioner Hardemon: Right. But it's -- so -- but terrible, right? The sort of experience -- I wasn't here when they negotiated the agreement that bought Bayfront Park -- or, rather, the -- Commissioner Reyes: Virginia Key. Commissioner Hardemon: No, no, no. Vice Chair Gort: Bayside. Commissioner Hardemon: Bayside, Bayside. City of Miami Page 116 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: Bayside. Commissioner Hardemon: I wasn't here when they negotiated Bayside, but look at the details of the agreement. It gives me a pretty good knowledge base of what was happening during that time. I don't remember the riots, but I remember the smell of the business that my family opened in Liberty City after buying a store that was burned down. I remember being in this store and smelling what that smelled like. That's something that I will never forget, and I was a child. I had no recollection of what the riot was. And so, our job is to create experiences so those things don't happen again. Our job is to ensure that the quality of life of our community is improved. Our job is not to be in the way of progress, but guide it in a way that is responsible for the people that live in our community. And I don't care if it's Ultra, if it's Fl, if it's -- The City of Miami is for everyone. No one who lives in downtown has a monopoly on the streets there. No one who lives in Liberty City has a monopoly on the streets there. When the bikes from the -- Vice Chair Gort: Friday nights. Commissioner Hardemon: Yeah, the Friday night. What is it called? Chair Russell: (UNINTELLIGIBLE). Commissioner Hardemon: No, not -- Chair Russell: Oh, the -- Unidentified Speaker: Critical Mass. Chair Russell: --Critical Mass. Commissioner Hardemon: Yeah, the Critical Mass. When Critical Mass goes from - - I like how you all help me with this -- When Critical Mass goes through our neighborhoods -- right? -- they don't care if it's northwest, southwest, east; it doesn't matter. They drive through the streets of Miami. I wish they would stop at the stoplights and follow the traffic law, but they don't do that. Right? But the point to you is that Miami is one place that has different addresses, where people have different experiences in their neighborhoods, but we should be cognizant of the investment that others are making and how they want to share our Miami with us. They are opening up Miami to places and people that would have not -- would not have come but for these things. Or if they did come, they wouldn't be in that space. It's incredible to me that when I -- I was at a -- an event in Overtown, at the Historic Black Police Precinct, and H. T. Smith was speaking. And H. T. Smith asked, "Who is it here is their first time being in this space?" In that crowd were a list -- were -- there were judges, there were young lawyers, there were older lawyers, et cetera, and probably 70 percent of that crowd raised their hand. And as I talked with one of the judges, part of what I said is that had it not been for the CRA (Community Redevelopment Agency), the City of Miami, of restoring that space, those judges would have never stopped in Overtown. And so, our job is to create these experiences that make people want to come to this space, and I think that we have to be very careful that we don't send the signal to the world that it's not good doing business in Miami, because if not, then they'll find another place that they think that the cities, especially the cities themselves, are begging them to come, and that are going to roll out the red carpet for them. Here in Miami, we don't even have to roll out the red carpet. We say, "Go to the back door, and 171 meet you with a bucket of ice and a glass of water, " and they still do it. But, you know, when trains get built to take people from here to Orlando, and you can just hop off after paying a quick fee, who cares about Miami, right? You're close enough. They come adver -- Ultra will City of Miami Page 117 Printed on 0710812019 City Commission Meeting Minutes May 9, 2019 produce their event in Kissimmee and say fly to Miami, get on a train, and you'll be there. Stay in over -- stay in Kissimmee for the night, or two nights, or three nights; get back on the train, ride it back to Miami, and fly out, or fly to Orlando, whatever. You know, whatever. But the point is, is that there are going to be methods and ways of competing with Miami that we have to be very cognizant of. Miami isn't just about Broward County and South Florida, and Key West. No, no, no. When you talk about Miami and how we're competing, we're competing on a national level. We're competing with places that are like Texas. You know, we're competing with places that have large convention centers. And we're competing with people that are bringing massive amounts of people into the space. And so, we have to act like that. We have to act like this is something that is a responsible thing for us to consider. And, you know, I had -- I wish that Ultra would have come to us and said, "Hey, maybe there are some things that we can talk about, " but they didn't. Chair Russell: Commissioner Hardemon, something you said struck me, and we need to fix it before we withdraw RE. 12. Mr. Manager, of the funds we generated from Ultra this year, how much will be earmarked for the Virginia Key Beach Park Trust and the potential running cost of the African American Museum there? Emilio T. Gonzalez (City Manager): Sir, a million dollars for O&M (operation of maintenance). That money has already been disbursed. Chair Russell: Thank you. But we cannot -- it's already been disbursed to the Virginia Key Beach Park Trust? Mr. Gonzalez: I believe so, yes. Chair Russell: Thank you. But they -- the County will still not release the bond funds, unless we can show a sustainable revenue there, or operating cost there. Mr. Gonzalez: Correct, sir. That's one of the unfortunate side effects -- Chair Russell: Understood. Mr. Gonzalez: -- of all of this. But -- Chair Russell: And I appreciate the Commissioner bringing that to our attention. So that's why I'd like to work with him to fix. And if he's open to co -sponsoring with me, even though he's not into co -sponsoring anymore, but I think we can do something here. Later... Chair Russell: Commissioner Reyes, and then Commissioner Carollo. Commissioner Reyes: I have a -- well, I have a comment, and I agree 100 percent with what Commissioner Hardemon and what Commissioner Gort said. And I think that we have -- this was a lesson that we have to make difficult decision, and we have to look to the long run, and the long run benefit that it is, and represent those events. But I also want to ask the Administration, what's going on with the Marine Stadium? Do we have a plan? Are we after funds? Because that's a venue that will bring functions there. I mean, I think that -- Chair Russell: Right. Commissioner Reyes: -- it should be -- City of Miami Page 118 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: There is a plan -- do we want to do that right now, though? Commissioner Reyes: No, no, no, no. Chair Russell: Okay. Commissioner Reyes: Just tell me, "Yes, there is a plan " -- Chair Russell: Yes. Commissioner Reyes: -- and what stage we do have. Mr. Gonzalez: Sir, there's a plan; I'll be happy to brief you, if you will -- if you want. Commissioner Reyes: I will more -- Mr. Gonzalez: Yes, sir. Commissioner Reyes: -- be more than glad. And if there is any ways that we can help personally with people that we know in State government or on Federal government, please, let me know, and I'm -- be more than glad to work on it, because that is a venue that should be refurbished. Mr. Gonzalez: Yes, sir. Thank you. I'll be happy to do that, sir; just a clarification, Mr. Chairman. Chair Russell: Yep. Mr. Gonzalez: It is my understanding that for the County to release the funds for the African American Museum, we have to provide a sustained level of operations of maintenance support. So as we work together to see what kind of revenues we can apply to this, we have to make sure that this is not going to be a (UNINTELLIGIBLE). Commissioner Carollo: This ain't for today. This entitles a lot to go and look into; especially when the 50 plus million dollars you guys want to spend in another huge white elephant, that stadium. The money was going to be coming from precisely where you want to take some money out; and even there, it wasn't enough to pay the balance of that money. So I think we need to take some time, really look at this, and not just be pulling from the back of our pocket resolutions without not really seeing the full financial impact on everything. And, you know, let's bring this back up. This is an item that's going to require a lot of discussion. Do we want to help it? Sure. You know who was the guy that was around when that African American beach was opened and helped put it together? Right here. Commissioner Hardemon: My guy. Commissioner Carollo: Right here. Okay? Commissioner Hardemon: Right. Commissioner Carollo: So -- and I'm saying that so that -- Commissioner Hardemon: No. There's no motion right now -- Commissioner Carollo: Yeah. City of Miami Page 119 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Hardemon: -- on the floor for anything. Chair Russell: It'll -- Commissioner Hardemon: This is just -- it was just in conversation. Commissioner Carollo: But we have to do it in, you know, a responsible way Chair Russell: Thank you. Commissioner Carollo: That's all that I'm saying. Chair Russell: All right. Let me bring this to a close. Is there a motion to withdraw RE. 12, please? Commissioner Hardemon: Yes. Chair Russell: It's been moved; seconded Any further discussion? All in favor, say aye. The Commission (Collectively): Aye. Chair Russell: RE. 12 is gone. REA 3 RESOLUTION 5790 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Commissioners THE CITY ADMINISTRATION TO UNDERTAKE ALL and Mayor APPROPRIATE ACTIONS TO FILL IN THE FLORIDA EAST AYES: COAST RAILWAY DEEP WATER SLIP ("FEC SLIP") LOCATED IN NAYS: BISCAYNE BAY, ADJACENT TO AND BETWEEN MAURICE A. ABSENT: FERRE PARK AND THE AMERICAN AIRLINES ARENA, AND THE TWO (2) ABUTTING INLETS, IN CONFORMITY WITH ALL LEGAL, REGULATORY, AND CONTRACTUAL REQUIREMENTS; LIMITING THE USE OF THE FILLED AREAS TO ONLY PARK AND OTHER GREEN SPACE USES FOR THE PLEASURE, RECREATION, AND EDUCATION OF THE PUBLIC; DIRECTING THE CITY MANAGER TO IMPLEMENT THE POLICY AS STATED HEREIN; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN STATED OFFICIALS. ENACTMENT NUMBER: R-19-0191 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Gort, Carollo, Reyes NAYS: Russell ABSENT: Hardemon Note for the Record. For additional minutes referencing Item RE.13, please see "Public Comment Period for Regular Item(s). " City of Miami Page 120 Printed on 0710812019 City Commission Meeting Minutes May 9, 2019 Chair Russell: We're going to go back a little. Barnaby, are you ready to take up -- ? Where did Barnaby go? There was an issue -- you still need some more time? All right. So we'll hold on 8. We can take up RE. 13 and 14, and I believe in -- depending on how the discussion goes, we would take up 14 first, but this is with regard to the FEC (Florida East Coast) slip, Commissioner Carollo, or whoever is presenting. Commissioner Carollo: Are we there on the slip? Chair Russell: Yes, we're -- unless you'd like to take it up at another moment, we can table it, and we got a lot of other things we can do. Commissioner Carollo: Well, it's up to the board, but basically, in a short way of putting it, this is going to bring to the City of Miami another nine acres or so, nine - plus acres; if we fill in the two little inlets, another half an acre. We'd be getting close to 10 acres of newfound land. I spoke to one of the key individuals from the Florida Inland Navigation District just today, and he stated to me that what was given -- but not just for that slip, but for the total park, and maybe includes Parcel "B "for the County -- it was $6 million. So if we would have to pay anything back, it would be less than that, whatever went into the slip; not the other parts of the park or Parcel `B, " if any monies went there. He's going to research that for me closer to get that. So the monies that we would have to repay back, if any, would be insignificant in return for what we're getting here. Even Maurice Ferre sent us a letter, beyond his actual live statements here, that he felt that that should be filled so we could -- Vice Chair Gort. (UNINTELLIGIBLE). Commissioner Carollo: -- have not only more parkland, but you could unite all these parks. We talked about extending it under the bridge. Well, that's the other way that we could do it right, and then make sure that the pedestrian bridge is built by the Miami Heat, going into Bayside, so we connect the rest of our parks together. It's -- you know, my motion would be that it will be done for parkland -- no commercial activities there -- parkland, and that's in a nutshell. Chair Russell: Commissioner, I certainly support the concept of creating more green space. I think it's premature for us to make a decision of actually giving directive to take all steps to fill at this point before we do a proper analysis. I'd be open to an amendment -- I'd be supportive of an amendment rather than direction to take action to fill, but begin a process of analysis, because there are many types of parks. For example, there is a waterborne type of park. We could make there an eco park, where people can, you know, Kayak and dive, and different things like that. It could still be zoned as park, but the idea -- I mean, filling it is a very drastic move that is very expensive, and we haven't really just explored what other options there are, including the option of keeping it with what it's been invested in at this point. So that would be my ask; is that rather than directing the Manager to fill it in at this point, start a process of analysis with the public and with Parks, and see what could we do there that might be really useful and interesting, and still serve the public. Commissioner Carollo: Well, my statements stand. Obviously -- and what we're requesting of the Manager, what he brings -- once he brings it back, there will be an analysis of cost and so on. Commissioner Reyes: Okay. Commissioner Carollo: And if we want to change our minds then, we could do it then. City of Miami Page 121 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Vice Chair Gort: Mr. Chairman? Commissioner Carollo: But we need to decide, once and for all, what we're going to do here. And let me point this out, so I could be very clear. This is not the only slip that was filled. If the other two had not been filled, you never would have been able to have built the two museums we have there; you never would have been able to have built the Miami Heat Arena. These were three slips that were therefor the sole purpose of submarine training in World War IT I don't think we're doing submarine training there any longer, and that's why two of them were filled. The third, I believe --for all the reasons that I stated, and many more that I could put on the record, if you like -- should be filled. In the directions to the Manager, he would have to come back and tell us, "Look, this is what we're doing to get it filled. This is what it would take. " And if there's a change of heart then, you know, we could discuss it. But I don't think it's going to be anywhere near as costly to fill as you think. And if there are other things that would torpedo it, then it's going to be shown. Chair Russell: Commissioner Gort. Vice Chair Gort: I go back a little bit, and I remember when it used to be -- that used to be a port. I worked there as parking cars when I was in -- a student here, and all those slips were open; you're right. You're correct. That used to be the port where you have to have the tanks with the gas, and so on. But, yes, I'd like to see -- most important, you stated you're committed to maintaining it green, green space -- Commissioner Carollo: Absolutely. Vice Chair Gort: -- and all that, which is -- Commissioner Carollo: Absolutely. Vice Chair Gort: -- that's very important, but I think I'd like to get the feasibility study, what can be done, and maybe they -- if we can leave it open, there could be also another use for it; I don't know. We have to look at it. But I don't have any problem with it. Commissioner Reyes: Mr. Chair? Chair Russell: Yes. Commissioner Reyes. Commissioner Reyes: Yes. I want to clarify, Commissioner Carollo, what you -- we are directing, if the motion passes, is that we are directing the Manager to further analyze -- Chair Russell: Nope. Commissioner Reyes: -- what's going on -- I mean, the possibility of filling it, and come back with a budget and everything, right? Chair Russell: No. If I understand -- Commissioner Reyes: Hold on a second. Chair Russell: -- correctly, there's -- Commissioner Reyes: Hold on a second. Chair Russell: -- it's a direction. City of Miami Page 122 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: Commissioner -- Commissioner Carollo: We're directing the Manager to go forward, but before he could finalize anything, he would have to come back to us. Commissioner Reyes: For a final decision? Commissioner Carollo: Well, for a final decision that would include -- Commissioner Reyes: I move it. Commissioner Carollo: -- a full budget that we would have to approve -- Commissioner Reyes: That's right. Commissioner Carollo: -- if we could afford it, and I think we could -- Commissioner Reyes: That's right. Commissioner Carollo: -- and any other peculiar aspects that he might find. Chair Russell: Thank you. As written, I'm completely against it, because it doesn't say those things. It gives -- directs the City Administration to undertake all appropriate actions to fill in the Florida East Coast Railway deep -water slip. So it -- this is not "Wait for analysis and come back to us. " This does not have a cost estimate. This has not given an environmental analysis. This has not -- Commissioner Carollo: How long --? Chair Russell: -- dealt with the public, so I would be against it, as written. Commissioner Carollo: Well, once -- the other two slips got filled, and there was no environmental problems when they got filled, so I really don't foresee any ones on this one. Why would the middle one be the one with the environmental problems, and the other two never had any? But how long do you think it would take you, Mr. Manager, to do all these things? Emilio T. Gonzalez (City Manager): Sir, we would have to involve not only our staff, but probably the Corps of Engineers. I would say around 60 days or so, but -- Commissioner Carollo: 60 days? Mr. Gonzalez: Yes, sir. Commissioner Carollo: We'll give you 90. Mr. Gonzalez: But -- I'm sorry; say again. Commissioner Carollo: We'll -- 60 days; we'll give you 90. Mr. Gonzalez: If that's the will, sir. And also, to the Chairman's point, as long as within the -- all appropriate action includes a budget analysis of grants that we've received, and so forth and so on. Commissioner Carollo: That would have to be done. Mr. Gonzalez: Yes, sir. City of Miami Page 123 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Carollo: So you would be bringing that back, but I want real budget analysis. I don't want numbers thrown -- and I want the numbers he used for Melreese for the market rate value. Mr. Gonzalez: Understood, sir. Chair Russell: So is that a deferral of the item to September 12, which would be the first meeting after the three-month period? Commissioner Carollo: No. This is wording the resolution that we have in the fashion that I stated to the Manager, giving him 90 days to come back with the final numbers, so that we could then take action if we so wish. Chair Russell: Understood. So is that -- that's an amendment to the item. Madam City Attorney, have you captured that? Because they would need -- I believe it would need some changing in the existing wording as well, in order to -- Commissioner Carollo: Minor existing wording. Victoria Mendez (City Attorney): It's captured. Chair Russell: Can you read it back to me, how it would be worded with the amendment? I just feel we're putting, a little bit the cart before the horse. I'm very open to analysis, study; let's get the cost estimates; get the -- Commissioner Carollo: The -- Chair Russell: -- worst-case scenario, but I don't want to vote on a direction to fill. Commissioner Carollo: I think that I've been more than clear for the Manager to come back. Chair Russell: Yeah. Commissioner Carollo: He said 60 days or so; I said 90. Chair Russell: Yeah, but the item is direction to fill, and that's the one I want to understand; if we're amending whether the direction to fill is being changed or not. If it's being changed to an analysis in 90 days that we come back with (UNINTELLIGIBLE). Commissioner Carollo: Well, Commissioner, look, it's clear to me that you'll never vote for this, because you don't want itfilled; you want Kayaks to run through it, or what else. I understand that. We all -- Chair Russell: I'm sorry; I didn't understand. Commissioner Carollo: We -- well, it's clear to me you don't want it to be filled. You talked about that it could be a park where you have Kayaks that could go through it, so you're looking at a different aspect. We all have different visions, and I could understand that. But whether now, whether tomorrow, or whether a year from now, your vote is not going to be therefor it, so. Chair Russell: That's not necessarily true. Commissioner Carollo: Well -- City of Miami Page 124 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: And I'm not -- the idea I put out there is just one idea of many that, who knows, haven't been presented to us at this point. I just think we're being a little premature on direction to fill, so I'll be obviously against the item. But if there was an amendment that made steps to study, I'd be open, and I would vote for that. That's all I'm saying. Ms. Mendez: So maybe I misunderstood, because I understood it was for -- to bring back a report. So let's just read what we thought, and then -- Commissioner Carollo: Well, the -- Ms. Mendez: -- you'll let us know? Commissioner Carollo: --Manager cannot go ahead and take the steps to fill it until he comes back to us. That's -- Ms. Mendez: Right, with a report for -- Commissioner Carollo: Whichever way you word the resolution, he would still have to do that. Commissioner Reyes: Yes. Ms. Mendez: Right. So the reason why -- I thought that it was a resolution of the Miami City Commission, directing the City Manager to review the matter and report back to the City -- and report back within 60 days as to the possibility of filling the FEC slip, and to take any and all action, should it be deemed feasible. Commissioner Carollo: Look, for the purpose of getting this forward, because it's going to have to come back either way, I'll go along with that. Ms. Mendez: Okay. Commissioner Carollo: And the Manager's got -- Ms. Mendez: And I believe -- Commissioner Carollo: -- 90 days. Ms. Mendez: 90 or 60? Commissioner Carollo: 90. No, he asked for 60; I said 90. Ms. Mendez: Okay. Commissioner Carollo: This way, if he needs more time, he's got 50 percent more time than he asked, but we do need it back in 90 days. Commissioner Reyes: Three months. Chair Russell: Yeah. So my only issue with it as written, and it is obviously better, but it still finishes with direction to do it "if feasible, " and feasible isn't the only -- "if it's possible" is not the only question for me. Its -- there's -- it's not a "could we"; it's a "should we, " as well. So I would be a "no" on this at this point -- Commissioner Carollo: Okay. City of Miami Page 125 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: -- until we come back and see what that analysis looks like. Commissioner Carollo: Okay. All right. Chair Russell: So is there a motion on that? Vice Chair Gort: There's a motion. Commissioner Reyes: There's a motion. Chair Russell: Motion; seconded -- Vice Chair Gort: (UNINTELLIGIBLE). Commissioner Reyes: Second Chair Russell: -- by Commissioner Reyes -- seconded by Commissioner Gort. Any further discussion on the dais? All in favor of filling the FEC slip, say "aye. " Commissioner Carollo: Aye. Commissioner Reyes: Aye. Vice Chair Gort: Aye. Chair Russell: Any opposed? "No." Motion passes. That's 13. RE.14 RESOLUTION 5785 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 11-0298, ADOPTED ON JULY 14, 2011, THAT Commissioners STRONGLY OPPOSED ANY ACTIONS OR DISCUSSIONS BY and Mayor MIAMI-DADE COUNTY RELATED TO THE FILLING OF THE FLORIDA EAST COAST RAILWAY DEEP WATER SLIP LOCATED IN BISCAYNE BAY ADJACENT TO THE AMERICAN AIRLINES ARENA; FURTHER DIRECTING THE CITY MANAGER TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN STATED OFFICIALS. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item RE.14 was deferred to the September 12, 2019, Regular Commission Meeting. For additional minutes referencing Item RE.14, please see "Public Comment Period for Regular Item(s). " Chair Russell: And you also need to take up 14, as well. You don't need to, but -- City of Miami Page 126 Printed on 0710812019 City Commission Meeting Minutes May 9, 2019 Victoria Mendez (City Attorney): For Number 14, will we wait until we come back in 90 days, Commissioner Carollo? Vice Chair Gort: Yes. Ms. Mendez: We --for 14, do we wait until we come back in 90 days? Okay. Thank you. Chair Russell: So that's a deferral until the Septem --first meeting in September, if I'm not mistaken. That's a little more than 90, but we don't have a meeting in August, so that'll be September 12, deferral. Is there a motion for that, for RE. 14? Is there a motion to defer RE. 14 to September 12? It's been moved by Commissioner Gort; seconded by the Chair. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes, RE. 14. Todd B. Hannon (City Clerk): And just -- Chair, for the record, that'll be September 12, September 12. Chair Russell: I apologize. I'm looking at a --yes, 12. Thank you. Commissioner Carollo: That's RE. 14. Chair Russell: Correct. REA 5 RESOLUTION 5757 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING 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 CITY OF MIAMI OWNED PREMISES BY UNAUTHORIZED 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: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Note for the Record. Item RE.]5 was deferred to the May 23, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item RE.I5, please see "Order of the Day. " City of Miami Page 127 Printed on 0710812019 City Commission Meeting Minutes May 9, 2019 REA 6 RESOLUTION 5846 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Commissioners THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS and Mayor REGARDING ALLEGATIONS THAT CERTAIN PARKING LOT OWNERS AND OPERATORS ARE IMPROPERLY ISSUING FAKE PARKING TICKETS TO MOTORISTS WHO PARK ON THEIR LOTS. ENACTMENT NUMBER: R-19-0192 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For additional minutes referencing Item RE.16, please see "Public Comment Period for Regular Item(s). " Chair Russell: RE.11 is Manolo's item; we'll wait. Let's see. RE.16, parking violations for private lots. Is there a motion on RE.16? Vice Chair Gort: Move it. Chair Russell: Moved by Commissioner Gort; seconded by the Chair. Any discussion on the item? Todd B. Hannon (City Clerk): Chair, my apologies. Commissioner Reyes would like to sponsor RE. 16 -- or be a co-sponsor. Chair Russell: Co-sponsor. Done. Any discussion on RE.16, parking violations in private lots? Hearing none, all in favor; say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? RE.16 passes. City of Miami Page 128 Printed on 0710812019 City Commission Meeting Minutes May 9, 2019 REA 7 RESOLUTION 5677 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), AMENDING APPROPRIATIONS RELATING TO Management and THE GENERAL FUND, DEBT SERVICE FUND, AND SPECIAL Budget REVENUE FUNDS FOR THE FISCAL YEAR 2018-19 ADOPTED OPERATING BUDGET PURSUANT TO ORDINANCE 13790 ADOPTED SEPTEMBER 27, 2018 AND AMENDED PURSUANT TO RESOLUTION NO. 19-0063, ADOPTED FEBRUARY 14, 2019; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS IN PROGRESS; AND PROVIDING FOR APPLICABLE EFFECTIVE DATES. ENACTMENT NUMBER: R-19-0193 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: Let's look at RE. 17 and 18, midyear budget amendments. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management and Budget. You've all been individually briefed on 17 and 18. 17 is the amendment to the operating budget,- 18 is the amendment to the capital budget. And I'll be happy to take any questions you have at this time. I'll just say this is a small and relatively boring capital and operating budget amendment that we have before you. Chair Russell: Nothing to see here. Is there a motion for RE. 17 and 18? Barnaby Min (Deputy City Attorney): Mr. Chairman? Chair Russell: Yes. Mr. Min: I'll defer to Commissioner Reyes, but I believe District 4 has proposed changes to -- Commissioner Reyes: Yes. Mr. Min: -- RE. 18. Chair Russell: Yes. Commissioner Reyes: Yes. Chair Russell: Let me start with a motion, though. Is there a motion for -- Can we do them together, or do you need them separately? Is there a motion on RE. 17 and 18? City of Miami Page 129 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: Well, I have a motion to amend it. Amend -- Chair Russell: Okay. Commissioner Reyes: -- yes; amend it and that it's for District 4 projects to be funded by City of Miami impact fees from funding category of Citywide Park Expansions and Land Acquisitions, Capital Project Number 40-84507, and I want to amend it as follows: I million for land acquisition of parkland in District 4 for the (UNINTELLIGIBLE) mini park; 375,000 for the Silver Bluff mini park, and a 26th Street dog run park; $125 [sic] for Silver Bluff park improvements and enhancements; $175, 000 for Coral Gate parks improvement and enhand [sic], for a total District 4 request of $1,675,000. So I also -- I have the part two of the motion, you see, and I have a list that I think you have it. You can read it. Mr. Min: Yes, sir. Commissioner Reyes: You want to read it? Mr. Min: So I believe the Commissioner would like to amend Exhibit "B" as follows: Line 59 should be eliminated altogether. And this does affect only District 4. Commissioner Reyes: Mm-hmm. Mr. Min: Line 89 should be eliminated, with no funding going to the proposed Project Number 40-870970. Line 121 should be eliminated altogether. A new line item of 127 should be created, the Silver Bluff Speed Tables, Project Number B- 50408, with $22,000 to be transferred into this line item from Project Number 40 -BO -- I'm sorry -- B-50407. Chair Russell: What's the funding source? Mr. Min: 40-850407. I believe that is one of the line items that has already been eliminated. Likewise, a new Line Item 128 should be created for the Flagami Traffic -Calming Project Number B40672G, with $100,000 being transferred into this line item from Project Number 40-850407; again, one of the eliminated line items being proposed. And finally, a new Line Item 129 for spot drainage, Public Works, with a new project number to be created by the City Administration, with $428,000, which is the remaining amount, to be transferred from Line Item Project Number 40- B50407. Chair Russell: Mr. Rose. Mr. Rose: Yes, sir. Commissioners, I should clarify. That is RE.18 that we're talking about -- Chair Russell: Yes. Mr. Rose: -- Attachment "B. " None of that was associated with RE. 17, the operating budget. Chair Russell: Understood. Vice Chair Gort: Okay. That's what I -- Chair Russell: Commissioner Gort. City of Miami Page 130 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Vice Chair Gort: -- no, that's what I wanted to find out, because there's -- I mean, we're talking about two different things he's giving a report, and one is (UNINTELLIGIBLE). Chair Russell: Well, the second part, obviously, I have no issue with. The parks issue is something we all need to watch very carefully. Obviously, we're expecting $4 million in Parks impact fees that we can start allocating at this point, but I don't think we, as a Commission, have studied well enough how that should be divided. Now, the smart way is to look to our Parks Department and see where the needs are, and really make sure we allocate them fairly. The typical Commission fair way is say, "Let's" -- "Hey, let's split it up," based on something. But I don't know that that's just -- Commissioner Reyes: Mr. -- Chair Russell: We should do things need -based, not political -based. And I just don't think that we, as a Commission, have had the time yet, after receiving this information, these impact fees arriving, to really meet with Parks and see where the needs are. Commissioner Hardemon: Commissioner -- Chair Russell: Last time around, we -- there was a run on them, and it was gone in a heartbeat. Commissioner Reyes: Yeah. Chair Russell: So I think we should just be cognizant. Commissioner Reyes: Commissioner, Commissioner -- Chair Russell: Yeah. Commissioner Reyes: -- with all due respect, you got all the money for the park. You got whatever you want. What I need is -- I need this for my parks. If it is -- Chair Russell: That's not true, and I (UNINTELLIGIBLE) support you. Commissioner Reyes: -- impact fees, and I'm making the first request for money for my parks. My parks is in bad shape. And you even have to contribute to some of (UNINTELLIGIBLE). Chair Russell: I certainly did in the last budget amendment. Commissioner Reyes: That's right, because you had about 6, $7 million, and that park had -- Chair Russell: No, because you had the need, and I was able to help, because I knew that the park -- Commissioner Reyes: That's right, you helped me, but let's not go into those things. Let's not go into those things. The thing is that I am making a very humble request for my district and trying to -- I know that you love parks, supposedly; that -- Chair Russell: Excuse me? City of Miami Page 131 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: -- that's it, okay? And I am making a request, because I --for example, I am trying to buy some land for a park -- I mean, to develop a park in a place in my district that doesn't have a park, you see? I have been gather -- I mean, buying different lots, and I have to buy some more lots. So what I'm doing is I'm making a request. If you want to grant it, you grant it; if not, that's it, you see? Chair Russell: How much total Parks impact fees did we come across for this coming --? Mr. Rose: 4.5. Commissioner Reyes: That's right. Chair Russell: So if we divided that equally, what would we be looking at? Mr. Rose: About 900, 000. Chair Russell: That's one way to do it. Commissioner Reyes: Okay. I'll remember that. Chair Russell: But I would rather do it on a needs basis, but if we're all just going to start, "whoever can jump in the fastest, " I don't know if that's the right way -- Commissioner Hardemon: Well, I think I could outrun anybody here, if you would take me -- Vice Chair Gort: Resist, resist. Commissioner Hardemon: I might not be the strongest. I think -- Commissioner Reyes: Chris -- Commissioner Hardemon: -- Commissioner Gort is the strongest person here, but listen -- Commissioner Reyes: -- which district has received the most for parks? Come on. Chair Russell: Commissioner Gort, you're -- Commissioner Hardemon: Hey, why are you asking that question? Because I don't want to be -- Chair Russell: In the last year; in the last year, let's talk about it. Vice Chair Gort: Wait, wait, wait. Mr. Rose: I don't know the answer to the question, Commissioner. Commissioner Reyes: Come on, Chris. Mr. Rose: No. I really do not know the answer to the question. Commissioner Reyes: Come on, Chris, man up; tell me. Commissioner Hardemon: Listen -- City of Miami Page 132 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Mr. Rose: I do not know the answer to the question. Chair Russell: All right. Let me -- wait. Let me -- let me -- Commissioner Hardemon: -- I think we should have a discussion with this with Commissioner Carollo on the dais; I think it's only fair when we're talking about Park impact fees -- Chair Russell: Sure. Commissioner Hardemon: -- that we should have that discussion with Commissioner Carollo on the dais. Chair Russell: Money's going quick. Commissioner Gort, you had a -- Commissioner Hardemon: Now, and I will say that Commissioner Carollo took a huge bite of some Park monies before. You know, it happens that way sometimes; it's -- it is very true. And I'm willing, you know, to support each of my Commissioners in what they're trying to accomplish in their districts, so, you know, I understand why the Chairman is alarmed; it makes perfect sense. But I also see what, you know, this Commission is trying to accomplish, and I'm willing to help him there. But I don't want to make a decision regarding money that's available to all of us -- Commissioner Reyes: Okay. Chair Russell: Commissioner Gort. Commissioner Hardemon: -- without at least Commissioner Carollo here to kind of chime in. Chair Russell: Agreed. Commissioner Gort, you had a comment? Vice Chair Gort: Well, what I did, I made -- I sat down with the CIP (Capital Improvements Program), Parks Department, and we talked about the different projects should be coming up in my district, and I've been discussing it for quite a while now. So I want to make sure the -- and all the impact fee being produced within my district, I want to make sure it goes into parks, because every meeting -- every public meeting that we had at the different neighborhoods, they're much needed, and what the people are going to ask for is park. You get -- you have parks and you keep people out of the streets and you keep them in safe places, and you bring crime down. So I agree, you got to be --find a fair way. At the same time, we need to get -- we need to analyze where the needs are at. Chair Russell: Absolutely agreed. I -- Mr. Manager, what would be the most appropriate way to get an analysis of our park needs and where our hot spots are within the City, and where the possibilities and opportunities lie? Emilio T. Gonzalez (City Manager): Sir, if I may, I don't know if -- what I'm going to say will do to this conversation, but we don't have a real problem with Commissioner Reyes' request, because his office has been in contact with DREAM (Department of Real Estate and Asset Management). They've already identified the projects, the land that needs to be bought, and we can accommodate those amendments. What we're trying to do is make sure that when we do have monies available that we apply them to specific projects; not necessarily create pots of money. And Mr. Rose can talk more to that, but just procedurally, from what was presented, we have no objections to that. City of Miami Page 133 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: There's a property on the border of District 4 and 2 that would be just an ideal park. It's --I think it's big enough property to not even call it a pocket park. You know where I'm talking with [sic/? Commissioner Reyes: (INAUDIBLE). Chair Russell: Exactly. And— Commissioner Reyes: (INAUDIBLE). Chair Russell: I would love to. And that's what I'm talking about; to find ways to cooperate with each other rather than when something like this shows up and we all start running for it. Commissioner Reyes: (INAUDIBLE). Chair Russell: Apparently we do. Commissioner Reyes: (INAUDIBLE). Chair Russell. Well, if they're gone, they're gone. But I think the more we can cooperate and work together, and have a plan -- Commissioner Reyes: That'd be perfect. Chair Russell: -- because it's difficult. You don't want to step on each other's toes. At the last budget amendment, there were very big asks of the Park impacts fees, and I was very supportive of that, because I know there are deserts in the City where we need pocket parks. Commissioner Reyes: That's an area that doesn't have a single park. Chair Russell: And I want to be supportive, but I have not yet analyzed it and -- Commissioner Reyes: Why don't -- Chair Russell: -- the money will be gone like that. Commissioner Reyes: -- Commissioner, why don't we direct the Administration to look into it? We don't have any money for it. Chair Russell: So I don't see -- is DREAM here? Yes. Mr. Rotenberg, you're familiar with the park on the -- not -- the hopeful, potential future park on 32nd. I brought it to your attention a couple times. Right on the border between Commissioner -- District -- Commissioner Reyes' district and mine. Daniel Rotenberg (Director, Department of Real Estate and Asset Management): Yes, sir. Commissioner Reyes: (UNINTELLIGIBLE). Mr. Rotenberg: Daniel Rotenberg, Department of Real Estate and Asset Management. Yes, I am familiar with that. We are looking at it, and we do have a process. We do look for an area where there are a dearth of parks where we're missing within a half -mile radius, and we do target specifically those areas; the small pocket parks, and larger parks, as well. City of Miami Page 134 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: Yeah. But in this one in particular, I remember at one point, it was -- the asking price was coming in a little above the appraisal, if I'm -- Mr. Rotenberg: Yes, sir. Chair Russell: -- not mistaken. So this is an opportunity -- and we've done it recently -- to help -- Mr. Rotenberg: Sure. Chair Russell: -- other Commissioners buy lots where they're asking a little more, maybe, than what the markets show. Commissioner Reyes: But that is for the future. But for now, I'm moving -- I'm making a motion to -- I mean, for my request, the request that I have, according to what the Manager said, and for this million dollars that I've been requesting, for my motion that -- to obtain whatever I asked. Commissioner Hardemon: Second. Chair Russell: It's been moved and seconded. Is there any further discussion? Commissioner Gort. Vice Chair Gort: Discussion. We're discussing the funds from impact fee, right? Commissioner Reyes: That's right. Mr. Rose: Yes, sir. Vice Chair Gort: This is all? Commissioner Reyes: That's all. Vice Chair Gort: Now, how much that we allocated from the bond issue on parks? Commissioner Hardemon: $20 million -- well, allocated. Chair Russell: More, but -- Vice Chair Gort: No. We have -- no. How many -- how much did we have dedicated in the bond issue for parks? Commissioner Hardemon: 20 million. Vice Chair Gort: Because that where I got some requests, and you all told me it was going to be taken care of with the bond funds. How much money do we have? Mr. Rose: I'm going to have to check on it, sir. Vice Chair Gort: Okay. Mr. Rose: Just a moment. Vice Chair Gort: No. We passed that resolution, and the voters voted out of it -- Commissioner Hardemon: No. How much per park? City of Miami Page 135 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Vice Chair Gort: -- according to the public hearings that we had and what they wanted, and what they decided. I'd like to see it. Chair Russell: So not the tranche, but the actual total amount -- Vice Chair Gort: The total amount. Chair Russell: -- dedicated to Parks. Vice Chair Gort: The total amount, yes. Chair Russell: It's -- Parks and cultural is one bucket. Vice Chair Gort: And if we have to do transfers, start doing the tranche. Commissioner Hardemon: Oh, I'm sorry. Isn't it --? It was more than 20, actually. Vice Chair Gort: Ilium? Commissioner Hardemon: It's more than 20. Vice Chair Gort: Yeah. Commissioner Hardemon: Because we added an extra 20. Commissioner Reyes: Yeah. Commissioner Hardemon: It might be like 25, 26. Chair Russell: Arts and cultural; you'll get an exact number here. Commissioner Hardemon: It's a lot more than that. Christopher Rose (Director, Office of Management & Budget): It'll take me just a minute, Commissioners. Commissioner Hardemon: I know we added another 20 in there, though. Mr. Rose: We had two items back in December; there was the bond and the reappropriations. Chair Russell: So just for procedural sake, we are voting on -- there's been a motion on an amendment, not on the moving of the item itself- is that correct? Todd B. Hannon (City Clerk): No. The motion's on RE 17 and 18, with RE. 18 being amended. Chair Russell: So it is for the entire -- it is voting for the entire budget amendment, Commissioner Gort; not just that one item, and not just parks. Vice Chair Gort. No, no. I understand that. I don't -- Chair Russell: Got it. Vice Chair Gort: -- have any problem with the amendments in the budget, but I just want to make sure, because I understand we're supposed to be getting funds, all of us, from the differentparks within the City of Miami. City of Miami Page 136 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: I don't believe there is any official way that it's been divided at this point. Vice Chair Gort: I understand. Chair Russell: Yeah. Vice Chair Gort. But I want to know how much that we have. And like Commissioner Reyes said, people start running here, and I want to make sure I don't get behind. Commissioner Reyes: Absolutely. Chair Russell: So I'll be very supportive of this ask. I do want to support my fellow Commissioners with their parks issues, but I want to make sure that we do start this process, and I know our Director of Parks is here. How long would it take for us -- and I guess I'll direct this to the Manager, and you can let me know. How long would it take us to do an analysis, a parks heat map, of where we have needs and where we have deficiencies, so we can help each other in a smart way? Because each of us has needs, and we can out -- we can pull out of the entire amount more than is available. Emilio T. Gonzalez (City Manager): Sir -- Chair Russell: So I'd like us to be able to help each other in a smart way. Mr. Gonzalez: Yes, sir. Sir, we have a lot of that already mapped out. We could probably get that to you at the next meeting, at the latest. Chair Russell: I'd like that. Thank you. Vice Chair Gort: And by the way, the parks are not being used by the district. The parks are being used by the public and everywhere. People -- any -- they're public parks, so they're open to everyone. Chair Russell: Yeah. This is not something for us to be competitive about. This is something for the whole City, and we can really help each other a lot, I think. Chris, you had an answer for the question on the bond. Mr. Rose: And Commissioner, you were asking how much total in the bond out of the 400 million? 78 million. That, I can answer pretty easily. Vice Chair Gort: Thank you. Mr. Rose: Yes, sir. Chair Russell: You have the amount that's already been allocated in the first tranche? Vice Chair Gort: No. Mr. Rose: That's what I'm still looking up (UNINTELLIGIBLE). Chair Russell: All right. Don't worry about it. Don't worry about it. There's 78 million there. Mr. Gonzalez: 27. City of Miami Page 137 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Mr. Rose: 27. Chair Russell: 27 in the first tranche already allocated, and 4 million that we've just found in the impacts fees. Mr. Rose: Yes. Chair Russell: So -- Commissioner Reyes: We have a motion and a second for the park (UNINTELLIGIBLE). Chair Russell: I'm sorry; are you chairing this meeting now? Commissioner Reyes: No. I want you to -- I'm just reminding you -- Chair Russell: I've got it. Commissioner Reyes: -- because you're going around -- Chair Russell: I'm under control here. Thank you. Commissioner Reyes: --and around and around, and I don't want you to forget it. Chair Russell: No, no. We're good. We got it. Thank you very much. Commissioner Reyes: Okay. You got my (UNINTELLIGIBLE). Chair Russell: There has been a motion and a second, with an amendment, for both Item 17 and 18; the amendment is on 18. Is there any further discussion on the entire budget allocation? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. Commissioner Reyes: Thank you. Thank you very much. Chair Russell: You are very welcomed. I do support it. I'm not trying to give you a hard time. I do support it. Commissioner Reyes: But you did. Mr. Rose: Thank you, Commissioners. Chair Russell: That is 17 and 18. City of Miami Page 138 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 RE.18 RESOLUTION 5678 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS TO THE FISCAL Office of YEAR 2018-19 MULTI-YEAR CAPITAL PLAN ADOPTED WITH Management and MODIFICATIONS ON SEPTEMBER 13, 2018 PURSUANT TO Budget RESOLUTION NO. 18-0396 AND AS SUBSEQUENTLY AMENDED ON SEPTEMBER 27, 2018 PURSUANT TO ORDINANCE NO. 13790 AND AS SUBSEQUENTLY AMENDED ON DECEMBER 13, 2018 PURSUANT TO RESOLUTIONS NO. 18-0545 AND NO. 18- 0546 BOTH WITH MODIFICATIONS; REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING AND RE -APPROPRIATING FUNDING FOR THE EXISTING AND ADDED PROJECTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND GRANTS IN PROGRESS. ENACTMENT NUMBER: R-19-0194 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon END OF RESOLUTIONS Citv ofMiarni Page 139 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 a:Matz&1]9 Nmr_1a]Iki[eye]N311ki/_1►Is] 4 FRA ORDINANCE First Reading 5383 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of CHAPTER 18/ARTICLE IX/DIVISION 2/SECTION 18-542(8) OF THE Management and CODE OF THE CITY OF MIAMI, AS AMENDED ("CITY CODE"), "FINANCIAL Budget TITLED POLICIES/FINANCIAL INTEGRITY NAYS: PRINCIPLES/FINANCIAL INTEGRITY PRINCIPLES/MULTI-YEAR ABSENT: CAPITAL IMPROVEMENT PLAN," BY AMENDING AND UPDATING THE INTEGRITY PRINCIPLES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo NAYS: Reyes ABSENT: Hardemon Chair Russell: So FR. 1, please. Chris is back. Christopher Rose (Director): Good afternoon again, Commissioners. Chris Rose, Office of Management and Budget. FR.1 is a first reading ordinance that tweaks Chapter 18 of the City Code. It really does three things: It delegates to the City Manager the ability to sweep capital funds if a cap -- if a project is finished or canceled, if it's under $100,000. Number two, it budgets at the thousand -dollar level. And number three, it removes some of the regulations that were in the financial integrity principles that we've not been able to comply with over a number of years. Chair Russell: Thank you. Is there a motion, please? Is there a motion on FR. 1 ? Vice Chair Gort: You need a motion. Chair Russell: I'm sorry? Vice Chair Gort: You need a motion. Chair Russell: This is an ordinance; am I correct? Mr. Rose: Yes, it is. Ms. Mendez: Yes, it is. Chair Russell: This is a first reading of an ordinance. Ms. Mendez: An ordinance of the Miami City -- Chair Russell: Just a moment. Let's just see if we have a motion here. Ms. Mendez: Oh. I haven't read the title, though. City of Miami Page 140 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: I know, but if we -- Ms. Mendez: Oh. Chair Russell: -- don't have a motion, there's no need to. Is there a motion on FR.1 ? Vice Chair Gort: I'll move it. Chair Russell: It's been moved by Commissioner Gort; seconded by the Chair. Commissioner Reyes: Hold on a second. I have a -- I have some questions about this. Chair Russell: We'll get to that, so we -- we have a motion. We have a second. Can you read it into the --? The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you very much. Commissioner Reyes, please. Commissioner Reyes: Yes. Chris, you see, I --when I was reading this, I mean, I had a list on how you are -- about this ordinance. And what you're doing with this ordinance is that those funds -- I mean, those projects that you have some money left, you are using those funds in other projects. I mean, you are changing it from my district to some other district; assign it to other projects in other districts. Is that what you're doing? Mr. Rose: Not just your district, sir. Commissioner Reyes: No, no, no. I'm saying, any one of our district; from one district to the other. Mr. Rose: So, if a project is either complete -- Commissioner Reyes: Yes. Mr. Rose: -- or canceled -- Commissioner Reyes: Yes. Mr. Rose: -- then if it's under $100,000, it would sweep into a citywide fund. That does not mean that it is -- Commissioner Reyes: Could those funds -- and not only from my -- in my district -- that if there is any -- I mean, we have some money left, because it was completed, and let's say there is $50, 000, can you look into all the projects within the district that needs funding in order to be completed or to be started; to fully fund those projects that they are in the works, instead of sending it to a pot that every -- that is going to be used in other districts? I mean, let's say, for example, we have a street project that's a million dollars; $70, 000 if it's completed, and there is $70, 000 left, but I have another drainage project that I -- we need funds for that, and you haven't been able to fund it, because you have scratch all (UNINTELLIGIBLE), and we need funds. Can you get those $70,000 before you put it back in the pot and apply it to that project that is on the works? City of Miami Page 141 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Mr. Rose: If it is the will of the Commission, we could do that. Commissioner Reyes: Because I would like to do that in my -- in everybody's district. I think that's what we all want to do. You see, if it's money that was assigned to my district -- I mean, to my project, and I have other projects on the work and still need funds, I would love for -- if there is some remaining funds, that will be applied to projects within my district. Mr. Rose: If we -- through the Chair -- continue to fill buckets half full in districts -- Commissioner Hardemon: They will eventually become full. Mr. Rose: -- they will eventually -- absolutely, Commissioner Hardemon -- become full. But while they're getting full, they will sit, and that's what we're trying to avoid. I'm trying to move them forward faster. We're trying to cut more ribbons, and we're trying to complete projects by filling the buckets faster, and think of the City as a whole, rather than in the districts individually. Commissioner Hardemon: Yeah, but some districts have greater concerns. Sometimes you have to have -- Commissioner Reyes: Yes. Commissioner Hardemon: -- triage a certain district before you're able to give a certain service all over the City of Miami. It's like the -- it's the CRA (Community Redevelopment Agency) theory, right? So I understood what you're saying. You're looking at it from a perspective of the entire City. Mr. Rose: Yes, sir. Commissioner Hardemon: And you're saying, if there's a project that is closer because it needs only $200,000, and this one has 500, you can just borrow that 200 and eventually give it back. But at 500, you know, the next day they might get the other money. And if you take away from that bucket, then it's going to have a longer journey to getting that money. So I can empathize with the Commissioner when he says, "Look, I have needs in my district that need to be served. " Before Hadley Park -- and you remember this -- had its gymnasium, they were in -- they had a certain amount that they thought was enough to complete the project. I think that they needed about seven -- close to $7 million, and then they kept blinking, and then they didn't have that, and they needed $2 million. And thanks to one of my dear buddies, who was the Commissioner of District 2, I was able to -- through one of his initiatives, I was able to capture another $2 million, and we were able to build that project. So if it wasn't for leadership on the dais, and another Commissioner from another district saying, I think it's smart if you do it this way, " I wouldn't have been able to get it done. But I understand your budgetary needs, but if -- certainly -- and I think I remember when -- I mean, there was a pot of money that was a transition from D2 to D5 -- when part of D2 became part of D5, D2 asked me, "Hey, could you give me that money so I can apply it to my district? Because it was ori " -- "that was originally my district money?" And I said to my wonderful Commissioner from D2 at that time, "Sure, you could have that money, " and that was a -- we used it together. So there -- I think there are times where that's going to happen. And what I can imagine all the Commissioners' fear is, you sweep this money, and they don't get a chance to get it back. Commissioner Reyes: Another thing -- Chair Russell: Just a moment. City of Miami Page 142 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: Through the Chair, through the Chair. Chair Russell: Did you want to respond to that? Mr. Rose: If I may? Commissioner Reyes: Through the Chair, but I just want to clarify one thing. Mr. Rose: Of course. Commissioner Reyes: This is not taking from -- I mean, put it in a bucket and filling the bucket. This is -- if I had a bucket full of money, and I had something left -- and I have quarter bucket, and I get those -- that what is left and place it on that bucket that is quarter and needs -- I mean, it's three-quarter, and I get from (UNINTELLIGIBLE), I will be able to fill that bucket and get that project going, instead of -- as Commissioner Hardemon said, once you lose it, you never get it back. Mr. Rose: If I may? Chair Russell: Commissioner -- Mr. Rose: Through the Chair. Chair Russell: Mr. Rose. Thank you. Mr. Rose: IfI could ask, which Commissioners do not have needs right now? Commissioner Reyes: We all do, but what we need is to -- the ones -- why -- I mean, what are you going to do? You're going to take a little bit from me, a little bit from them, and then you're going to assign it to a Commissioner instead of assigning my - - I mean, whatever is left in my project to one of my projects. Mr. Rose: There's a reason I asked the question, sir. There -- Commissioner Reyes: Everybody has -- Mr. Rose: If -- Commissioner Reyes: -- needs here. Mr. Rose: That's sort of the point, is we're trying to run the Capital Program as a program, as a citywide program. And if we do it that way, we're actually going to get more projects done. And I would encourage you -- and that is why we -- and not just me by myself, but we're bringing this before you as an amendment to the Financial Integrity Principles. Commissioner Reyes: (UNINTELLIGIBLE) District 4's is District 4's. Todd B. Hannon (City Clerk): Chair? Chair Russell: Yes, Mr. Clerk. Mr. Hannon: Just making sure Commissioner Reyes' comments are on the record. Chair Russell: Thank you. All right. So did we get a motion and a second on this item? We did. City of Miami Page 143 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Mr. Hannon: Yes, sir. Commissioner Reyes: Yes. Chair Russell: All right. Is there any further discussion? Hearing none, all in favor, say "aye. If Vice Chair Gort: Aye. Commissioner Carollo: Aye. Chair Russell: Motion passes on first reading. Thank you very much. Mr. Rose: Thank you, Commissioners. Chair Russell: Thank you, Chris. Commissioner Reyes: I pass it -- I voted "no," because I want them to do differently. Chair Russell: Thank you. I'd like to jump to the PZ.2. Commissioner Reyes: My vote is "no "; 3-1. Chair Russell: I'm sorry? Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: Oh, you were a "no"; I'm sorry. I apologize. I didn't capture that. :4►Imel 0aI:6a9.1ail o71►CrZe7:7o71k,ril m 4 City of Miami Page 144 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 I*Z *07e1:7Bill FAkiI9Xd01LviI►viIIIIiI; I�? BCA RESOLUTION 5544 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR Cierk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Keon Hardemon RESULT: NO ACTION TAKEN Citv ofMiarni Page 145 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 13C.2 RESOLUTION 5545 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS Clerk AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: BC.3 5654 Office of the City Clerk RESULT: RESOLUTION NO ACTION TAKEN Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Ralph Duharte ENACTMENT NUMBER: R-19-0182 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon NOMINATED BY: Commissioner Wifredo (Willy) Gort Note for the Record. A motion was made by Vice Chair Gort, seconded by Commissioner Carollo, and was passed unanimously, to appoint Ralph Duharte as a member of the Bayfront Park Management Trust; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Ralph Duharte as a member of the Bayfront Park Management Trust. Commissioner Carollo: Now, you had names for the Code Enforcement Task Force that was created? City of Miami Page 146 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: That's what -- that's the last thing we have left to do, other than your two discussion items. Would you like to withdraw or defer your discussion items? Commissioner Carollo: But let's take this, and I got one -- something else minor, and I'll try to make it quick for us. I will try to make it quick for us. Chair Russell: Okay. So -- Todd B. Hannon (City Clerk): Thank you, Chair. BC.3, Bayfront Park Management Trust: Commissioner Gort will be reappointing Ralph Duarte, with a five -five term waiver. Chair Russell: All in -- Is there a motion? Vice Chair Gort: Move it. Commissioner Carollo: There's a motion. Chair Russell: It's been moved and seconded. All in favor, say "aye." Mr. Hannon: I'm sorry; who's the seconder? Chair Russell: Is it -- there was a motion by Gort; Commissioner -- Commissioner Carollo: Second. Chair Russell: -- Carollo second. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Motion passes. City of Miami Page 147 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 BC.4 RESOLUTION 5441 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE Cierk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: BC.5 5834 Office of the City Cierk RESULT: NO ACTION TAKEN Mayor Francis Suarez Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon City Manager Emilio T. Gonzalez J RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Alex Dominguez Charles McEwan Jose Suarez =1ill /_Cell IT, l=1h111iill hJIT, 11=1:M:aiPEG I.1c? MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon NOMINATED BY: Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon Citv ofMiarni Page 148 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Todd B. Hannon (City Clerk): BC. S, Code Compliance Task Force: Commissioner Reyes will be appointing Charles McEwan; Commissioner Carollo will be appointing Alex Dominguez and Jose Suarez. Commissioner Reyes: Move it. Chair Russell: It's been moved by Commissioner Reyes -- Vice Chair Gort: Second. Chair Russell: -- seconded by Commissioner Gort. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Motion passes. BC.6 RESOLUTION 5835 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS Clerk DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Frank Figueroa Commissioner Manolo Reyes ENACTMENT NUMBER: R-19-0184 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: A motion was made by Commissioner Reyes, seconded by Commissioner Hardemon, and was passed unanimously, to appoint Frank Figueroa as a member of the Code Enforcement Board, further waiving the residency requirements of Section 2-884(a) by a four/fifths (4/5ths) vote of the members of the City Commission, as it relates to Frank Figueroa as a member of the Code Enforcement Board Todd B. Hannon (City Clerk): BC.6, Code Enforcement Board: Commissioner Reyes will be appointing Frank Figueroa, with a four-fifths residency waiver. Commissioner Reyes: We need a four -fifth waiver for it. Chair Russell: Understood. Commissioner Reyes: I move it. Chair Russell: It's been moved by Commissioner Reyes; seconded by Commissioner Hardemon. All in favor, say "aye. " City of Miami Page 149 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 The Commission (Collectively): Aye. Chair Russell: Motion passes. BC.7 RESOLUTION 5547 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS Cierk AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Wifredo (Willy) Gort Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon Citv ofMiami Page 150 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 BC.8 RESOLUTION 5839 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN Cierk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon L RESULT: NO ACTION TAKEN Citv ofMiarni Page 151 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 BC.9 RESOLUTION 5198 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS Cierk AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: BC.10 3855 Office of the City Cierk (Voting Member) (Post -Secondary Education Representative) (School District Representative) (Children's Trust Representative) (Ex -Officio Non -Voting Member) (Ex -Officio Non -Voting Youth Member) RESULT: NO ACTION TAKEN Commissioner Manolo Reyes Commissioner Keon Hardemon City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Anna Fernandez Miriam Urra ENACTMENT NUMBER: R-19-0185 NOMINATED BY: Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Citv ofMiarni Page 152 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: A motion was made by Vice Chair Gort, seconded by Commissioner Carollo, and was passed unanimously, to appoint Miriam Urra as a member of the Equal Opportunity Advisory Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Miriam Urra as a member of the Equal Opportunity Advisory Board. Todd B. Hannon (City Clerk): Last item, BC. 10, Equal Opportunity Advisory Board: Commissioner Gort will be reappointing Ana Fernandez and Miriam Urra. For your information, Miriam Urra will require a five -five term waiver. Commissioner Carollo: For what now? Mr. Hannon: Equal Opportunity Advisory Board. Commissioner Carollo: Sure. Second. Chair Russell: Been moved by Commissioner Gort; seconded by Commissioner Carollo. All in favor; say "aye. " The Commission (Collectively): Aye. Chair Russell: My opposed? Motion passes. Mr. Hannon: Thank you, Chair. Chair Russell: Thank you very much. BCA 1 RESOLUTION 5662 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS Clerk DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon City of Miami Page 153 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 I RESULT: NO ACTION TAKEN BC.12 1599 Office of the City Cierk BC.13 5451 Office of the City Cierk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes J RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Keon Hardemon Commission -At -Large Citv ofMiarni Page 154 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 BC.14 5199 Office of the City Clerk BC.15 5039 Office of the City Clerk I RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: LRESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Keon Hardemon Commissioner Keon Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Youth Member) FRESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Citv ofMiarni Page 155 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 13C.16 RESOLUTION 5452 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD Cierk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: BC.17 5346 Office of the City Cierk Mayor Francis Suarez Mayor Francis Suarez Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE SEA LEVEL RISE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: RESULT: NO ACTION TAKEN NOMINATED BY: City Manager Emilio T. Gonzalez Citv ofMiarni Page 156 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 BC.18 RESOLUTION 5043 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE SENIOR CITIZENS' ADVISORY BOARD FOR Cierk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon LRESULT: NO ACTION TAKEN BC.19 RESOLUTION 3693 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME Cierk COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large Citv ofMiarni Page 157 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 BC.20 RESOLUTION 5453 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD Cierk (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Wifredo (Willy) Gort Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon RESULT: NO ACTION TAKEN BC.21 RESOLUTION 5844 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD FOR TERMS Cierk AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commission -At -Large Citv ofMiarni Page 158 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 BC.22 RESOLUTION 5550 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR Cierk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Ken Russell Commissioner Joe Carollo Commissioner Keon Hardemon RESULT: NO ACTION TAKEN BC.23 RESOLUTION 5551 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR Cierk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon RESULT: NO ACTION TAKEN Citv ofMiarni Page 159 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 END OF BOARDS AND COMMITTEES City of Miami Page 160 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 191a911-14111:9101kiIkIALTi D1.1 DISCUSSION ITEM 5490 A DISCUSSION REGARDING THE CITY MANAGER. Commissioners and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT. Hardemon Note for the Record: Item DLI was deferred to the May 23, 2019, Planning and Zoning Commission Meeting. Chair Russell: Commissioner Carollo, two discussion items: City Manager and Code Enforcement. Commissioner Carollo: Look, I could wait on that. I'm not going to kill you guys after two meetings in a row. Chair Russell: Give me a date, please. Commissioner Carollo: My wife would appreciate it, also. You could roll it to the next meeting, if you'd like, or -- Chair Russell: Or indefinite? Commissioner Carollo: No, not indefinite -- Chair Russell: I tried. Commissioner Carollo: -- (UNINTELLIGIBLE), because there are things that we need to discuss in the open. Vice Chair Gort: (UNINTELLIGIBLE). Commissioner Carollo: Huh? Vice Chair Gort: (UNINTELLIGIBLE) about the (UNINTELLIGIBLE)? Commissioner Carollo: Yeah, I -- besides, you guys all wanted to go home, I think my wife would appreciate it, too -- Vice Chair Gort: Yeah. Commissioner Carollo: -- if she could see me every now and then. Chair Russell: All right. That's DI.1 and D3.1 -- Vice Chair Gort: (UNINTELLIGIBLE). City of Miami Page 161 Printed on 0710812019 City Commission Meeting Minutes May 9, 2019 Chair Russell: -- to be deferred to May 23, as well. Commissioner Carollo: Yeah, you're right. Chair Russell: I take that as a motion from Commissioner Carollo; seconded by myself, the Chair. Commissioner Carollo: Yeah. Chair Russell: Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Motion passes. Have we completed our agenda? Todd B. Hannon (City Clerk): Good to go. Chair Russell: No further business Commissioner Carollo: I hope so. Chair Russell: All right. Thank you all very much. Commissioner Reyes: Oh, we didn't -- Chair Russell: Home before 6. Noted? All right. Meeting adjourned. Commissioner Reyes: --get to 11 o'clock. END OF DISCUSSION ITEM City of Miami Page 162 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 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: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. Item D3.1 was deferred to the May 23, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item D3.1, please see Item DI. 1. END OF DISTRICT 3 City of Miami Page 163 Printed on 0710812019 City Commission Meeting Minutes May 9, 2019 PUBLIC COMMENT FOR PLANNING AND ZONING ITEM(S) Chair Russell: All right, public comments. Which item would you like to speak on? Elvis Cruz: Both. Chair Russell: All right. Your name? Mr. Cruz: Elvis Cruz, 631 Northeast 57th Street. Commissioners, as you well know, I am one of many -- Chair Russell: Two minutes on the clock, please. Thank you. Mr. Cruz: -- neighborhood activists that, for years, has been working to protect and preserve the integrity of our single-family and duplex neighborhoods. We have looked at -- a number of them couldn't be here today, because of scheduling; Grace Solares among them. We've looked at this, and we're very deeply troubled by the change in the Code that would allow these categories of buildings, with reduced parking capacity, to abut T3. Commissioner Reyes: Yeah. Mr. Cruz: When this was first proposed several years ago, we met with then - Commissioner Francis Suarez, and he was quite emphatic that there should be at least a 500 foot buffer between these buildings and a T3 neighborhood to prevent spillover parking going into the neighborhood. Let me say with extreme confidence that even around Miami, where you have market -rate buildings with full parking requirement, we still get spillover parking. So I would advise you to please do not change the 500 foot buffer to abutting. That would be very problematic for our neighborhoods. And those T3 neighborhoods are in all of your districts, not just Commissioner Reyes; all of them. Thank you. Commissioner Reyes: Yes. We have -- I think we have to protect the single-family homes, and that's what I really -- that's what really bothers me. Chair Russell: Hello. Natalie Duran: Could I go up? Chair Russell: Yes. And we -- go ahead. Ms. Duran: Good afternoon. My name is Natalie Duran. I own a property at 1329 Northwest 3rd Street. I'm an infill developer that concentrates in affordable housing. I would like to start out by saying that I am definitely for Items PZ.1 and PZ.2. I can gladly say that I've had the pleasure with sitting with the Planning Department and discussing numerous -- on numerous occasions the nuances that we have faced of small infill developers when we're considering to develop affordable housing in the City. Now, us small developers are confronted with different battles than the big guys. We don't carry the same weight in our portfolios, and we don't usually have the access that they have when developing these type of projects. We typically don't qualms for light tax, surtax, or any other types of credits, and it's because our portfolios usually don't carry either the same quantity of -- in our portfolio that makes us qualify. Our projects are just not big enough. What that means is that the way we make these small infill projects work are by the incentives City of Miami Page 164 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 that you provide us. And although there is room for improvement, I am glad to see that we are working together in trying to provide more incentives to create more affordable housing for our community. These small changes may seem like a huge request, but frankly, I believe that affordable housing, the need trumps what some of us might just look as a necessity; others would consider those luxuries. Not everyone needs a parking and a half for a studio and apartment. Not everybody needs 650 square feet for a one -bedroom apartment. I know that there have been changes already made to incentivize us developers to continue to do affordable housing, but as land value grows and construction cost continues to rise, we need to get more creative to keep affordable housing not only feasible for the tenants, but also for the developers. Thank you for your time and everything you do. Chair Russell: Thank you very much. Next public speaker, please. Miguel Solomon: Good afternoon, Commissioners, Mr. Chair. Miguel Solomon, 1436 Southwest 6th Street. Something that I think has been forgotten is that this is not an automatic ticket to be able to build. Before any of these projects abutting T3 are allowed to be built, they have to come individually, on a one -by -one basis, to this Commission. And if any of the Commissioners do not want this project in their district, they don't have to approve it. This is not an automatic ticket, and you're making it sound like if it is. This isn't a means if -- there are some of you that may want these type of projects and need these type of projects in your neighborhoods; others may not. Others may not want (UNINTELLIGIBLE), because residents don't want it, so don't allow it. It's very simple. The fact of the matter is that this project, you built 500 units; 20 percent of that 500 units -- that's a hundred units -- are going to be studio apartments that are going to pay -- half of them are going pay under $500 rent a month, and the other half are going to pay around $700 a month. Where do we get that kind of rent in this City? It doesn't exist. Okay? Now, think about this: The Building Department charges for permits. They calculate that a unit cost around $200, 000, and their permits is based on that number. At $500 of rent a month, when do you recoup $200, 000? You never do. So when you build a hundred - unit project, you give 20 percent low income and extreme income, you're going to have to use -- you get 50 units extra; 20 are going to low income. You got 30 units left additional that you're getting; 15 of those are going to go towards supporting that 20 percent, because that 20 percent, at 500 bucks and $700, are not going to pay for themselves. So what you're actually gaining is 15 units out of that 50 units to make a profit on. Chair Russell: Thank you. Mr. Solomon: Thank you very much. Chair Russell: Next speaker. Albert Milo: Good afternoon, Commissioners. Albert Milo, President of Related Urban. So let me try to shed a little light on the subject, and that's why I said that PZ.1 and PZ.2 are not necessarily the same. I mean, PZ.2 is touching on the topic of whether you can avail yourself of the Attainable Housing Ordinance benefits if you abut a T3. PZ.1 is not -- Commissioner Hardemon: Say it again. Say it again. Mr. Milo: So PZ.2, though it has some aspects that are incorporated in the PZ. 1, it has an additional aspect, which is whether you can avail yourself of the benefits of 3.15 under the Attainable Housing Ordinance, and if you abut T3; obviously, with the condition that you come for a special exemption. PZ.1 doesn't have that provision, so -- but PZ.1 does clarify and clean up some matters from the existing City of Miami Page 165 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Attainable Housing Ordinance, so that is a big distinction; that's why I said they're not the same. Chair Russell: Would you pause his time just for a second, please, Mr. Clerk? Francisco, PZ.1 and 2 are different, but we would not pass them both. One is a replacement for the other. Am I mistaken? Francisco Garcia (Director, Planning): That is correct, with a slight clarification. As Mr. Milo points out, PZ.2 has some provisions -- Chair Russell: Yes. Mr. Garcia: --that are not present in PZ. 1. Chair Russell: I understand it's an evolution of PZ.1, but they're not separate items, per se, that we would look to pass, independently, both of them. We're basically choosing between the two at this point. Am I not mistaken? Mr. Garcia: Right. And so, the only clarification I'll make is this: If you were to pass PZ.2, you would have included everything that is contained -- Chair Russell: Exactly. Mr. Garcia: -- in PZ. 1. But if you pass PZ. 1, there are certain components that are not there that are in PZ.2. Chair Russell: That's what I had meant to say. And if I was unclear, I apologize. Mr. Milo: Which, if I understand -- and Commissioner Reyes is correct. You know, we've had a -- trying to have some dialogue as it relates to some of the concerns that he just shared, and those issues of -- that arise when you abut T3. However, let's -- you know, I'd like to, again, shed some light on the benefits of the ordinance, because, again, I think you have the ability and you can help matters with passing PZ. 1, even if you choose not to pass or defer PZ.2. Chair Russell: Understood, understood, and agreed, but that's why I asked for a deferral on both. If they're -- if we're looking to defer one, clearly we're not going to pass the other at this point, although I would like to. I really believe either one is a very good ordinance. I see benefits and more protections that are added into PZ.2. But in my district, and the way there's a lot of neighborhoods configured, there are neighborhoods where this would benefit without encroaching on the single-family neighborhood, and it would be a positive. So I'm trying to protect the other Commissioners' districts, while allowing for things to happen in others. It's worth working out a little further, and I'm open to workshopping it. Commissioner Reyes: Let me tell you, it's not that I don't see the benefit of it -- Chair Russell: Yeah. Commissioner Reyes: -- I don't see the benefit of it, but I'm also -- I'm concerned about (UNINTELLIGIBLE) -- that if Commissioner don't want it, don't allow it. This is not a fiefdom, you see. I think that all zoning and everything has to apply to the whole City, you see. We are a city. We are a city. Okay. It doesn't have to be on the hands of a Commissioner, if he wants it or not. But I want to say one thing, you see. One thing that really -- I mean, I agree that the -- it could benefit a lot, but I think that we have to tweak it a little bit -- City of Miami Page 166 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: To protect -- Commissioner Reyes: -- and to protect the neighborhoods. Also, I -- by doing numbers, I do understand -- and Mr. Milo, you and I, we had (UNINTELLIGIBLE), and we have crunched numbers -- that you need to have, when you are doing any project and you are offering low-income apartments -- I mean affordable apartments that pay 500 and $600 -- you have to -- this -- that you need apartments that they're going to be -- I mean, they are going to be priced at what the market will bear, or a little bit higher, and then you're going to use about -- I'd say more than 140 of median income, but what I don't want is that when we are receiving, you see, from a developer that says, I'm going to give you 20 percent" -- or "10 percent of affordable apartments, " that in that classification, we include workforce, because workforce, it is not attainable, because it is measured at 140. That is a different classification. Leave it alone. Tell me, how many we are going to have that have 700 and 500, and those are the ones that are attainable. They're the ones -- it's a misnomer, you see. Mr. Milo: So that's what I -- if I can, let me -- Chair Russell: Just a moment, please. Commissioner Gort. Vice Chair Gort: Let me tell you, I've been doing affordable housing for ownership and rental for the last 25 to 30 years. And if you don't create the incentives, there's no way it can be done, because, let's face it; developers are there to make money. I mean, if he's not going to make money, he's not going to build it. Now, the one thing we need to look into it -- because in my neighborhood, I have that major problem with the parking -- is these incentives, how are they going to affect the neighborhood? So I'm telling you right now -- and Milo knows better than anybody else; he's got a lot of those affordable housing buildings within Allapattah area. That's my problem constantly. You know, their thought is senior citizens don't drive. You'd be amazed I had an 80 -year-old lady sitting in front of me, tell me, "Hey, what do you mean; I don't drive? I have my car. " So that incentive, we have to look at it, how it's going to affect the neighborhoods. Chair Russell: Mr. Garcia, I would like to add myself as a sponsor to PZ. 2; and I would like to work with you, between now and the next time this comes back, on the parking issue and the buffer to T3 issue. I would like to bring this back for a vote, one way or the other, with whatever amendments get through -- Commissioner Reyes: Yes. I (UNINTELLIGIBLE) -- Chair Russell: -- that make it -- Correct. Commissioner Reyes: I do believe in incentives. Chair Russell: But a lot of projects are waiting for this, and a lot of good housing can be built from this. Mr. Milo: And again, you know, as being the beneficiary of participating in the original adoption of the Attainable Housing Ordinance, I think that if you have an incentive -based system -- and you heard from -- I don't know the other two developers that spoke before, but you heard from them that they're trying to promote smaller -scale projects, which I think are good, because the incentive -- if you're going to pass a ordinance that citywide, as this is, then it shouldn't be a large-scale ordinance only; it should be something that large, medium, and small developers can avail themselves of. So I started as a small builder, so --I mean, I'm always going to have an affinity for that. And I will tell you, in each and one of your districts, you're City of Miami Page 167 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 going to have a lot of infill lots that have been sitting idle for many, many, many years, and those are not necessarily projects that Related Urban are going to pursue, but those are going to be projects that maybe some other small developers are going to pursue. Chair Russell: Thank you, Mr. Milo. Commissioner Reyes: Mr. Chair, I wanted just to add -- and I must congratulate Milo, because remember that -- when they were going to do the change in zoning for what -- the development Smathers, I totally opposed that. We had a mixed -income building in Smathers. And we sat with the developer, Milo, and with HUD (Department of Housing and Urban Development), and we reached an agreement that every single one of those apartments is going to be for seniors. Mr. Milo: That's correct. Commissioner Reyes: And it's going to be for low income. Mr. Milo: That's correct. Commissioner Reyes: That's correct. And thank you very much. How many apartments are we building there? Mr. Milo: That it'll be -- now it'll be 139. Commissioner Reyes: 139 apartments -- Chair Russell: Excellent. Commissioner Reyes: -- that is going to be for seniors, and they're going to be very happy, and I thank you for it. We are putting -- I mean, we are contributing. And also, I want to congratulate Mr. Liu from HUD; that he worked with us, and we were able to reach that deal. And thank you, Milo. Mr. Milo: All right. Thank you. Chair Russell: Thank you very much. Next speaker, please. Brenda Betancourt: Good afternoon. Brenda Betancourt, 1436 Southwest 6th Street. I'm favor of the -- both PZs. I think that it's time for not just the City, but the Commission to actually start doing the study, because this is the 18th, 19th time that it's been back and forth. So I hope, Mr. Chairman, then as (UNINTELLIGIBLE) project, (UNINTELLIGIBLE) small project, I don't represent any of them. Let me clarify this. I don't represent any of those 5,000 units, and it's small scales, from four floor to five floor that are trying to be built; I don't represent any of them, but I am concerned, because I have seniors living in deplorable conditions. You all do all this -- the first reading, they -- and it's go to the next one and the second one. You guys, all of you tweak back and forth, and do whatever it is that you guys are going with your district. Why can't we move forward? Why can't we -- why we stuck one more time? To me, it's just -- you're proud, you're this; whatever it is that the problem is. You got to think about other people. You got to start thinking about those who actually waiting and waiting and waiting. And while you're sitting nicely in your house, there are people waiting to have a unit. Why can't we just pass the first reading, do for real your -- whatever education that you need to get, because that's what we hear all the time: "We want to learn. We want to do this. " But why don't you do the first reading? That way, you will have the pressure. You know what? In two weeks -- in a month, I'm going to be able to have all the information, City of Miami Page 168 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 and I will be able to talk to the Director of Planning and Zoning and change, whatever, from 140 to 110; do whatever it is. And I'm going to tell you this, because I know I'm out of time. For those who don't know, some of your employees right now are waiting for some of those projects, because even though you don't think about, $80,000 is nothing. When you have two people, guess what? It's $40,000; it's not 80. So sometimes you got to think about it. And it's not about us, because we have our home, comfortable. You got to think about those who actually living in efficiency, in a hole, because they waiting. And we still just -- Please, do your first reading and then tackle it; get whatever it is that you need to get done, but the City needs for you guys to move on. Chair Russell: Thank you very much. Is there anyone else here for public comment on the PZ agenda? All right. Hearing none, we have -- we'll close public comment. PART B: PZ - PLANNING AND ZONING ITEM(S) Chair Russell: PZ.2. Is there a motion on the item so that we can -- before we -- and we --? I'm sorry; we will open for public comment on this item. Thank you for your glaring reminder. Victoria Mendez (City Attorney): Chairman, I have to read the little -- Chair Russell: For PZ (Planning and Zoning)? Why not? Ms. Mendez: PZ items shall begin according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all wishing to speak must be sworn. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. Any person may be heard by the 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 can be at such later date. The Chairman will advise the public when the public has the opportunity to speak. When addressing the Commission, the member of the public must state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item title [sic] is available at the City Clerk's Office and at the podium for your ease of reference. Staff will briefly present each item to be heard. The order of presentation is as set forth in Miami 21. All persons wishing to testify must be sworn in. Thank you. Chair Russell: Thank you very much. Later... Todd B. Hannon (City Clerk): Chair, my apologies. Madam City Attorney, do I need to administer the oath for a deferral? For everything, correct? Victoria Mendez (City Attorney): Yes, if they're going to speak. Chair Russell: Let's do any PZ (Planning and Zoning) item at this point, Mr. Clerk. Mr. Hannon: Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items -- that means PZ.1 and PZ.2 -- may I please have you stand and raise your right hand? City of Miami Page 169 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. The following item(s) shall not be considered before 2:00 PM PZ.1 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 SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2 OF THE 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, Carollo, Reyes, Hardemon Note for the Record. Item PZ.1 was deferred to the May 23, 2019, Planning and Zoning Commission Meeting. For additional minutes referencing Item PZ. 1, please see "Public Comment Period for Planning and Zoning Item(s)," and Item PZ. 2. Chair Russell: PZ 1. Same thing; defer? It's -- Commissioner Reyes: That is -- that's not about -- Chair Russell: It does. Commissioner Reyes: It does? Chair Russell: It does affect T3, as well. PZ.2 was made to create more protections for T3, if I'm not mistaken. Albert Milo: No, it's not. City of Miami Page 170 Printed on 0710812019 City Commission Meeting Minutes May 9, 2019 Francisco Garcia (Director, Planning): The --for clarification sake, the point that was brought up previously by Mr. Milo, and I think of concern, also, to the Commission is that PZ.2, unlike PZ.3 [sic], allows for -- Chair Russell: PZ. 1. Mr. Garcia: I'm sorry. PZ.2, unlike PZ.1, does allow for attainable housing projects to happen abutting T3; PZ.1 does not do that. Chair Russell: Through a process, both of them do, if I'm not mistaken? Mr. Garcia: PZ.1 does not do that. Commissioner Reyes: Does not do that; that's right. So I -- Mr. Garcia: PZ.1 does not have the mechanism to allow for attainable housing development to happen abutting T3; that happens in PZ.2. That is an additional feature of PZ.2, not in PZ. 1. Chair Russell: I thought that was part of the whole reason we brought the amendment to the Attainable Housing Ordinance, was some of the difficulties we were having, where certain situations would be appropriate to be near T3. Mr. Garcia: Right. No, that was an added feature of PZ.2 that is not in PZ. 1; that is why PZ.1 is before you on second reading, because it had made it that far. Chair Russell: But then -- but it got stopped in its tracks, and then along came -- Mr. Garcia: Right. And then when the notion was put forward that it might be beneficial to consider having it done abutting T3, that's when PZ.2 came along, but it hasn't passed first reading yet. Chair Russell: Got it. I'm -- I need to study it a little more carefully, so I'd like both of them to be deferred. Commissioner Reyes: Okay. Chair Russell: So is there a motion to defer PZ.1 to the same meeting, please? Vice Chair Gort: That was a motion, yes. Chair Russell: Yes. Moved, and seconded by the Chair. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Motion passes. Thank you. That ends our PZ (Planning and Zoning) agenda. City of Miami Page 171 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 PZ.2 ORDINANCE First Reading 5310 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING MOVER: 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 ABSENT: "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: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. Item PZ.2 was deferred to the May 23, 2019, Planning and Zoning Commission Meeting. For additional minutes referencing Item PZ.2, please see "Public Comment Period for Planning and Zoning Item(s)," and Item PZ. 1. Chair Russell: I'd like to move to PZ.2, please, the attainable housing ordinance amendment. Is there a motion on PZ.2? Commissioner Reyes: PZ.2. Chair Russell: Yes. This is the changes to the attainable housing ordinance. Commissioner Reyes: Yes. I have some --still have some questions on it. Chair Russell: It is first reading, so we do have some time before it comes out. Later... Chair Russell: Is there a motion on PZ.2? Anyone? Are we going to work on affordable and attainable housing here? Commissioner Carollo: Can we bring this back to the next meeting? City of Miami Page 172 Printed on 0710812019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: Yes. Chair Russell: There is a motion to defer PZ.2 to the May -- Todd B. Hannon (City Clerk): May 23. Chair Russell: Thank you very much. -- May 23 meeting. Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: There's a motion and a second. Commissioner Reyes: I have some concern about the 140 percent. Chair Russell: Microphone, please. Commissioner Reyes: I have some concern about the 140 percent of the County median income. It says 140 percent is $80, 000 gross. And I'm just going to do a simple math here. $80,000 growth -- gross, then they -- it could be rented -- I mean, you see, rule of thumb, that 30 percent of your gross income, that's $24,000 that could be rented at $2, 000, but that $2, 000 is disposable, you see? So your salary has to be more than $2, 000. It have to be around -- I mean, it is -- represents more than 30 percent, because you are paying disposable income, and when you're being assigned gross income, you see; that have been determined gross income. And I wish that we took -- tweak it a little bit. And I also -- I'm concerned about -- and I want to make -- I want to say this now, because I cannot stay quiet about this. I think that in our quest to provide housing, I think it would -- destroying our city, and I'm going to tell you why. Chair Russell: What would destroy our City? Commissioner Reyes: And let me tell you why, you see. We are encroaching on the single-family homes on the T3s. Every time that you have a building -- that you have a 10 -story building that you have given more density in exchange for affordability, and you have taken the parking requirement, and you are taking all of those things. And also, let me tell you this: Most of those apartments are one -bedroom apartment and two-bedroom apartment. What happened to families? You see. And I am concerned about that. I have a big concern in the future of the City of Miami, because when you build -- Commissioner Russell, when you build 10 floors, and you have, let's say -- I don't know how many apartments -- you have 500 apartments there, and then you took away the parking requirement and all that and we are living under the illusion that we are going to give up our automobiles and we're going to get the electric scooters, and we're going to move from one place to the other, you see. There -- our traffic -- I mean, our mass transit is a shamble. It is -- it's almost nonexistent. And I think that we should sit down and think about what we're doing, you see. For example, every single apartment that has a permit -- building that has been built next to single-family homes, the -- and doesn't have parking requirement - - and because that's one of the incentives that we provide -- people park all around the neighborhood, all around the neighborhood. I mean, there's no swales in my district anymore. No swales. Chair Russell: It's a parking lot. Commissioner Reyes: You see. It's no swales. There is no grass. There's no grass, because people park in front of the houses. So I think that we should sit down, look at it, and take another look at that good old, I would say, the category called "workforce, " because workforce is 140. I mean, workforce are for those people that City of Miami Page 173 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 make 40 -- $80,000. I mean, they make $80,000, you see. And right here, I could ask most of the people that work in the City of Miami, "How many are making $80,000?" I mean, people are secretaries and all of that, and they have good jobs, nice jobs, but they're not making $80, 000, you see. I think that we should sit down, take a good look, redefine it, and bring -- I am all for affordable housing -- Chair Russell: Thank you. Commissioner Reyes: -- affordability, but I think that we have to think what we're doing to the City of Miami. Chair Russell: Thank you. And before we take a vote on this -- Commissioner Reyes: Think about the future. Chair Russell: -- we're going to open for public comment, but I would also recommend at the same time we defer PZ.1 then, as they're, in a sense, companion items; they're very similar. So would you be open to adding that to your --? It's the Attainable Housing Ordinance as well; it's just a different version of it. So shall we defer both of those to the next meeting? Commissioner Reyes: I don't know. I was talking -- Chair Russell: PZ.1 and 2. Commissioner Reyes: -- to Mr. Garcia, and we've been -- I expressed my comments. And I have to also disclose that I had been talking to Milo and I have given him my concerns, and we've been trying to find solutions, you see; or at least some type of alternatives, because I am concerned and very concerned. Chair Russell: Understood. Warranted concern. I'm just speaking strictly procedural at this point. PZ.1 and 2 are mural items, with different amendments. They're -- I'm sorry. Am I incorrect on that? I'm going to -- all right. Let's take them one at a time. I would like to see PZ.2 passed today. It's first reading. I understand the consternation here. A deferral is requested. It'll be the will of this body. 80, 000 a year is a lot of money, but you'd be surprised how little it buys in Miami, unfortunately. So there are young professionals that we do need to -- Commissioner Reyes: Yes, but -- Chair Russell: I understand what you're saying, though; it doesn't -- Commissioner Reyes: Okay. Chair Russell: -- dig deep enough into the affordability that we also need to hit. Commissioner Reyes: That's right, but if we are -- Chair Russell: We need to do it all. Commissioner Reyes: -- going to give additional density in exchange, I will -- that category should not be counted, affordability. You can rent it, the rest, and as high as you can, but don't use that as apart of the affordability that have been offered -- Chair Russell: Right. City of Miami Page 174 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Reyes: -- don't use that category of "workforce, " because that is not affordable. Chair Russell: Let's start, though. So the request is to defer PZ.2 to the next meeting; am I correct? Motion and a second. I'd like to open the floor for public comment. Later... Chair Russell: We have a motion and a second for a deferral on PZ. 2. Is there any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. END OF PLANNING AND ZONING City of Miami Page 175 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 NA - NON -AGENDA ITEM(S) NAA DISCUSSION ITEM 5910 CITY COMMISSIONERS ACKNOWLEDGED COMMISSIONER Office of the City MANOLO REYES' BIRTHDAY AND TOGETHER WITH MEMBERS Cierk OF THE AUDIENCE IN CHAMBERS SANG "HAPPY BIRTHDAY". RESULT: DISCUSSED Victoria Mendez (City Attorney): Chairman? Chair Russell: Yes, Madam City Attorney. Ms. Mendez: Chairman -- Commissioner Reyes: Before we -- Ms. Mendez: -- I heard someone's having a birthday. Chair Russell: Is this the time for this? Ms. Mendez: And I'm -- I was told that now is the time to do this, so we would like to wish Commissioner Reyes -- Commissioner Reyes: Oh, no. It's Sunday. Ms. Mendez: -- a happy birthday. Chair Russell: Wow. Ms. Mendez: So let's sing together. Chair Russell: Wow. This meeting is off the rails -- Commissioner Reyes: Oh, my God. Chair Russell: -- officially. All right, Victoria, then you have to sing; go. Ms. Mendez: Oh. Come on, everybody; together. One, two, three. (Commissioner Reyes acknowledged for his Birthday) (Applause) Commissioner Reyes: Thank you, thank you. Thank you very much. Ms. Mendez: The torch was lit; I'm sorry, Chairman. Chair Russell: That's all right. Commissioner Reyes: Thank you. Thank you very much. Thank you, thank you. City of Miami Page 176 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Chair Russell: Yeah. And the budget amendment was the pinata, so that's all done now, too. Commissioner Reyes: Yeah, I'm going to get a pinata. Commissioner Carollo: (UNINTELLIGIBLE) last week, it finished quickly. Chair Russell: All right. We are getting there, folks; I promise, I promise. Congratulations and happy birthday, Commissioner. NA.2 DIRECTIVE 5911 DIRECTION BY CHAIR RUSSELL TO THE CITY MANAGER AND CITY ATTORNEY TO DRAFT LEGISLATION THAT WILL TRAP A Office of the City PERCENTAGE OF REVENUE GENERATED ON VIRGINIA KEY Cierk FROM ANY OF THE CITY OF MIAMI'S PROPERTIES TO GO TOWARDS THE COMPLETION OF THE VIRGINIA KEY MASTER PLAN WITH A SPECIFIC CARVE OUT FOR THE VIRGINIA KEY BEACH PARK TRUST. ` RESULT: DISCUSSED Chair Russell: I would like to direct the Administration to create, with the City Attorney's Office, legislation that will trap a percentage of revenue generated on Virginia Key from any of the City of Miami properties to go toward the completion of the Virginia Key Master Plan, with a very specific carve out for the Virginia Key Beach Park Trust. And that way, when we make money on Virginia Key, we will start fulfilling the dream of Virginia Key, which very specifically in this case is the Virginia Key Beach Park Trust, which has been suffering for funds for years; has to try to cobble together events. The biggest one just came along, and we lost it. But the flex park will continue to run concerts. And when the Marine Stadium is ready, it will run concerts. We have a restaurant there. We have a marina coming along. There will be plenty of revenue sources that should feed the general fund, but let's figure out what the appropriate need is there to complete the Master Plan and that running cost, and figure an appropriate percentage, and I would be glad to co- sponsor that with the Commissioner so that -- Commissioner Hardemon: And of course, Mr. Chairman, I would like that. And I will tell you in as brief a way as possible. I have thoughts about what Virginia Key Beach should be because of what it has been for that community for a very long time. And, you know, we don't have to mention it today, but there are very heavy lifts, and -- but there are things that we're going to need to talk about on this dais, because in order for that museum to be successful, because of where it's located, it needs to have some ancillary entertainment to make it work, and make people want to be there and experience those spaces. And I'm not talking just for people of color, even though it, historically, is a -- Commissioner Reyes: Everybody. Commissioner Hardemon: -- place for people of color. I'm talking about where everyone who is sitting in this room to say, I want to be on Virginia Key, " and I think we can do it. Chair Russell: All right. Is that clear -- sorry. Commissioner Gort. City of Miami Page 177 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Vice Chair Gort: I think the message we're hearing today is there's a lot of events that we have throughout the City that have made the City famous. I want to give you one that we started maybe 40 -some years ago, which was Calle Ocho. And the reason we did Calle Ocho'it was open house, and there was an idea to bring a few -- remember, when you move from one neighborhood to another neighborhood, you will have open house at the new neighborhood and invite your old neighbors and new neighbors; you get to meet each other. The reason we put that together is to show our culture, our inheritance, the Little Havana, the whole place. Every time you have an event, some people are going to like it -- Commissioner Reyes: That's right. Vice Chair Gort: -- some people are going to be very upset, always. So what -- the message here that I hear loud and clear is we have people who want to do events in the City of Miami. You will --always will have people in opposition; you will have people in favor of it. We have to see the impact, the economic impact, for the City of Miami and the benefit of the City of Miami in order to make good business decisions in the future. Commissioner Carollo: Well, that's absolutely correct. Chair Russell: Thank you, Commissioner. NA.3 DIRECTIVE 5912 DIRECTION BY COMMISSIONER CAROLLO TO THE CITY ATTORNEY TO DRAFT AN EMERGENCY ORDINANCE FOR Office of the City CONSIDERATION AT THE MAY 23, 2019 CITY COMMISSION Cierk MEETING REGARDING THE PROHIBITION OF ANY PRIVATE PROPERTY FROM BEING ABLE TO ISSUE CITATIONS FOR PARKING. RESULT: DISCUSSED Chair Russell: I told you guys I'd get you home for dinner, unless Commissioner Carollo has something up his sleeve. Commissioner Carollo: This always falls on me. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Carollo: If -- Chair Russell: What's that? Commissioner Carollo: -- I may -- Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: I owe it to you; dinner time. Thank you. Commissioner Carollo: Mr. Assistant City Attorney -- Barnaby Min (Deputy City Attorney): Yes, sir. City of Miami Page 178 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 Commissioner Carollo: Can you draft up an ordinance to have for our next meeting -- and I want it to be an emergency ordinance, which means it will be first and second reading. I'm putting upfront, it's going to be an emergency ordinance that this City is going to prohibit any private property from being able to issue any citations for any amount of money. The stuff that I have heard is outrageous. The resolution that was voted upon today is nowhere near enough to make a dent. The only way that we could really make a difference is by putting an ordinance, making it illegal, and it's an emergency because of the harm that they're doing to so many people and how deceiving they're being. I mean, this -- it's one of the most deceiving tricks that I've seen in a long time. Chair Russell: This goes beyond parking, is what you're saying. Commissioner Carollo: Oh, yeah, it's beyond parking. Commissioner Reyes: I want to co-sponsor that. Commissioner Carollo: So I -- well, I think everybody want to be part of it; we should. But I'd like an emergency ordinance, first and second reading, making it illegal in the City of Miami for any private property to issue citations for parking to anyone. Chair Russell: All right. Issue citations -- Commissioner Carollo: Yeah, citations. Chair Russell: -- for parking? Commissioner Carollo: For parking. Chair Russell: Didn't we just do that? Commissioner Carollo: No. That was asking the Manager to see what he could do, and so on -- Chair Russell: Got it. Commissioner Carollo: -- and -- Chair Russell: Understood. All right. Commissioner Carollo: -- you need to give the Manager some teeth -- Chair Russell: (UNINTELLIGIBLE) direction; you don't need a motion. It's just direction to bring back. Todd B. Hannon (City Clerk): Correct. For what meeting, sir? Commissioner Carollo: The very next meeting that we have, first and second reading. Mr. Hannon: Mr. City Attorney, that's going to be for May 23? Mr. Min: Yes, sir. Commissioner Carollo: Yeah. City of Miami Page 179 Printed on 07/08/2019 City Commission Meeting Minutes May 9, 2019 ADJOURNMENT Chair Russell: Thank you very much. Commissioner Carollo: And you will put it on the agenda as first and second -- Mr. Min: It will show up as emergency ordinance. Commissioner Carollo: -- emergency ordinance? Mr. Min: Yes, sir. Chair Russell: Thank you. The meeting adjourned at 5:48 p.m. City of Miami Page 180 Printed on 07/08/2019