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HomeMy WebLinkAboutCC 2016-12-08 Minutes (Revised)City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com MeetingMinutes ecember8,2016 9:00 AM Regular CityHall CityCommission KeonHardemon, Chair Ken Russell, Vice Chair Wifredo(Willy)Gort, Commissioner, District One Frank Carollo, Commissioner, District Three FrancisSuarez, Commissioner, District Four DanielJ.Alfonso, City Manager Victoria Méndez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes December 8, 2016 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Suarez On the 8th day of December, 2016, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 9:06 a.m., recessed at 12:00 p.m., reconvened at 2:07 p.m., recessed at 2:08 p.m., reconvened at 2:17 p.m., recessed at 3:15 p.m., reconvened at 3:42 p.m., recessed at 4:49 p.m., reconvened at 5:51 p.m., recessed at 5:52 p.m., reconvened at 6:28 p.m., recessed at 6:30 p.m., reconvened at 6:48 p.m., and adjourned at 6:48 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9:09 a.m., Commissioner Suarez entered the Commission chambers at 9:10 a.m., and Vice Chair Russell entered the Commission chambers at 9:16 a.m. ALSO PRESENT: Daniel J. Alfonso, City Manager Victoria Méndez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the December 8, 2016 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Wifredo Gort, Frank Carollo, Francis Suarez; Ken Russell, the Vice Chairman; and me, Keon Hardemon, the Chairman. Also on the dais are Daniel J. Alfonso, our City Manager; Victoria Méndez, our City Attorney; and Todd Hannon, our City Clerk. The meeting will be opened with a prayer by Commissioner Willy Gort, and the pledge of allegiance will be led by us all. Please, all rise. Invocation and pledge of allegiance delivered. Chair Hardemon: Thank you. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 1448 Honoree Presenter Protocol Item Albio L. Castillo, Jr. Mayor & Comm Suarez Salute Ruby Swezy Mayor Memorial Tribute Lewis V. Swezy Mayor Certificate of Appreciation Jenny C. Guzmán Mayor Certificate of Appreciation Pedro Jaime Martinez Mayor Key to the City Commissioners, City Manager, Mayor and Appreciation Plaques Police Chief, Fire Chief, Kevin Lt. Col. Colmenares Kirwin City of Miami Page 1 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 RESULT: PRESENTED 1) Mayor Regalado and Commissioner Suarez saluted Albio L. Castillo, Jr., for his civic engagement and participation in commission meetings, his involvement in City affairs and for the example he sets for his fellow citizens in his dedicated activism for the benefit of our community within the City of Miami. 2) Mayor Regalado presented a Special Memorial Tribute to the life and contributions of Ruby Swezy, a beloved City of Miami Citizen and honored the strength of character, sensitivity to others, and passionate commitment to her community that she so amply demonstrated throughout her memorable life. Retiring from her teaching position after thirty (30) years of service at South Hialeah Elementary, Ruby established Swezy Realty at a time when property management was a male-dominated field. Additionally, she was also a council woman for the City of Hialeah, the third woman to be elected to that post. 3) Mayor Regalado presented a Certificate of Appreciation to Lewis V. Swezy, owner of Miami Stadium Apartments, and honored his wonderful commitment to civic responsibility and communal welfare through generous donations and support for neighborhood projects in the City of Miami whose philanthropy serves as a source of inspiration. 4) Mayor Regalado presented a Certificate of Appreciation to Ms. Jenny C. Guzman, owner of Miami Stadium Apartments, and honored her commitment to civic responsibility and community involvement through generous donations and support for neighborhood projects in the City of Miami whose philanthropy serves as a source of inspiration. 5) Mayor Regalado presented a Key to the City to Baseball Hall of Famer Pedro Jaime Martinez, and honored him for his outstanding contributions to the sport, which is of an inspiration to the community in the City of Miami. 6) Mayor Regalado and Lieutenant Colonel Antonio Colmenares presented appreciation plaques to City of Miami Parks Director Kevin Kirwin, Fire Chief Maurice Kemp, Police Chief Rodolfo Llanes, City Manager Daniel J. Alfonso, Commissioner Francis Suarez, Commissioner Frank Carollo, Commissioner Wifredo Ken Russell and Chair Keon Hardemon, for their unwavering support of our Military and Veterans Community and supporting The 22 ng homelessness of the veteran population in the City of Miami. Lieutenant Colonel Antonio Colmenares also made a special mention to Mayor Tomás Regalado for his sponsorship of the program. Chair Hardemon: We will now make our presentations and proclamations. Presentations and proclamations made. Chair Hardemon: Now, I'd like to exercise just a bit of discretion as the Chair to allow the Mayor to address someone who's joining us today. Mayor Regalado: Thank you very much, Mr. Chairman. City of Miami Page 2 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Presentation made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Regular Meeting - Sep 8, 2016 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez AM.2 City Commission - Special Meeting - Sep 29, 2016 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez AM.3 City Commission - Special Meeting - Sep 29, 2016 11:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: Okay. Is there a motion to approve AM.1, AM.2, AM.3, the meeting minutes? Commissioner Suarez: So moved. Chair Hardemon: It's been properly moved; seconded by the Chair. Any further discussion on that? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. MV - MAYORAL VETOES NO MAYORAL VETOES END OF MAYORAL VETOES City of Miami Page 3 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 ORDER OF THE DAY Chair Hardemon: We will now begin our regular meeting. The City Attorney will state the procedures to be followed during this meeting. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online on -- at www.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 www.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 www.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. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. 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 www.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 outbursts in support or opposition to any speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and service of this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will either end at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are being either withdrawn, deferred, or substituted. Thank you, Mr. Chairman. Daniel J. Alfonso (City Manager): Good morning, Mr. Chairman. Chair Hardemon: Good morning, sir. Mr. Alfonso: Commissioners, item PA.1 is being deferred to February 23; and item FR.1, we request that it be withdrawn. Commissioner Gort: FR.1. Chair Hardemon: Commissioners, are there any other items that you wish to defer, withdraw, or continue? City of Miami Page 4 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Vice Chair Russell: Yes, Mr. Chair. meeting in March. Vice Chair Russell: Correct. Thank you. Commissioner Suarez: Read my mind. Chair Hardemon: Are there any other items? Seeing no other items, is there a motion in accordance with what was stated above? Commissioner Gort: Move it. Commissioner Suarez: Second. Chair Hardemon: Been properly moved and seconded. Any further discussion on the motion on the floor? Hearing none, motion passes. Well, all The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Commissioner Gort: You got to hear it. Vice Chair Russell: Getting formal. PUBLIC COMMENT PERIOD FOR REGULAR ITEMS Chair Hardemon: At this time, this is the public comment section of our meeting. We allow the public to comment on any agenda item that is on the regularly scheduled agenda, so that is anything having to do today with the Mayoral vetoes, consent agenda, public hearings, second reading, first reading, resolutions, board appointments, budget, or any discussion items. So all that is on the regular agenda item \[sic\]. This is your opportunity to speak on any of the items before this those items, this is your time to come forward now and express what you would like what item it is that you're speaking about. So once again, the public comment speaking about, and then move on with your public comment. Chair Hardemon: Sir, you're recognized. Steven Dloogoff: Good morning. I'm Steve Dloogoff, 3418 Franklin Avenue, in Coconut Grove. I represent Grove 2030 Transportation Group, and I'm a member of the Coconut Grove Village Council. G-2030 is a community-wide initiative to plan for the future of Coconut Grove so we'll have more livable and attractive community. Slower speed limits are completely consistent with our Group's goals. Thanks to Commissioner Carollo for introducing the resolution. 20 miles per hour is City of Miami Page 5 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 especially important, even more than 25 miles per hour, which we also supported to establish that the City of Miami is serious about changing the culture of speeding. 20 miles per hour is a clear indication that the City is prioritizing the needs of pedestrians, bicyclists, and children, as well as the needs of motorists. 20 miles an hour shows clear commitment for safe streets. The Grove 2030 Transportation Group will remain closely involved in this effort moves forward \[sic\]. I will also like to note the City of South Miami has a 20-mile-an-hour speed limit on Sunset Drive, between US 1 and 62nd Avenue, to promote pedestrian, children, and bicycle safety, as well as motorists in their town square. Chair Hardemon: Thank you, sir. Commissioner Carollo: Mr. Chairman -- Commissioner Gort: Yep. Chair Hardemon: Yes. Commissioner Carollo: -- if I could real quick? I want to address this, but I don't want to address it too much, because I want to address it when the item actually comes up. And what has happened is that we've made changes in the way we do our procedures, and it's thrown some things off. Even though I think some of it is good, there is other areas that I wish wouldn't happen, and this is one of them, where usually, the item is presented, and then we have discussion with the public, and then, you know, we deliberate and we take a vote. Here, you all come before us and discuss the item, and it really hasn't presented yet. What occurred the last time when Commissioner Suarez brought up the 25 miles per hour speed limit, first of all, when I first saw it, I did want to make it 20 miles per hour, and then I heard from all the residents. Unfortunately, all the votes were taken as a whole in the afternoon where I wasn't here at that specific time, and we never had the discussion about it, and it passed with the 25 miles per hour, and my intention was to have that discussion about the 20 miles per hour. And I'm even hoping that, you know, Commissioner Suarez, we co-sponsor this, because I know it was something that he brought up with the 25, but I have a feeling we'll have some discussion regarding 20 and 25 miles per hour. However, I spoke to our City Clerk, and our City Clerk said that this -- all this conversation right here will be under the personal appearance or the -- Todd B. Hannon (City Clerk): Public comment section, sir. Commissioner Carollo: -- public comment, so it will not go under the section of the recognize Commissioner Suarez also, and it's something that, you know, I think we should be doing jointly, but at the same time, I'm very passionate about the 20 miles per hour. Mr. Dloogoff: Thank you very much. Commissioner Suarez: Mr. Chair, if I may? Chair Hardemon: Yes. Commissioner Suarez: Yeah, and I appreciate it. You know, the -- what prompted me to do the 25 miles an hour is that I know that the -- that Coral Gables recently got approval from the County to do -- to go down in residential streets as a citywide objective to 25 miles an hour. So since there was precedent for that, I wanted to sort of take advantage of the fact that they had already done it in another city, Coral Gables, and, you know, sometimes we feel like Coral Gables gets all these great City of Miami Page 6 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 things and we get left out. You know, why do we get left out? So I sort of wanted to piggyback on that. We can talk more about it when the item comes up. I think -- I've spoken to the County as well. The County, unfortunately, sometimes is notoriously difficult with certain things. It took me three years to negotiate a memorandum of understanding on traffic control devices, which we finally got, which were traffic tables, and traffic circles, and all those things, which we finally now control the implementation of them, and we also got the best criteria for the implementation of I think-- I would be more than happy to co-sponsor it. I think, from the County's perspective, they'll probably -- we're going to have to do it on a section-by-section basis, maybe in the Grove, in particular. Maybe start with the Grove, and say, -- and go from there, rather than doing it citywide, because I think they're reluctant, from some of their communications with us, to do it citywide at 20, because it's a 10- mile-per-hour difference, but they will probably more likely approve the 25 mile-an-hour citywide, and then maybe in pockets we can do -- and the Grove may be a good sort of pocket supplement our application. Chair Hardemon: Commissioners, I want -- Mr. Dloogoff: I think we would like to be the -- test the 20 in the Grove. Commissioner Suarez: Yeah. Chair Hardemon: Commissioners, I want to ensure that the public has an opportunity to speak. You know, we have the whole entire meeting to speak -- Commissioner Suarez: I'm sorry. Yeah. Chair Hardemon: -- on items, so -- Commissioner Suarez: Yeah, I'm sorry about that. Chair Hardemon: -- e if they decide to leave, stay if they decide to stay. You're recognized, ma'am. Deryn Cowdy: Thank you. Commissioner Carollo: Mr. Chairman, just -- but realize that when we have this discussion, the publics \[sic\] may not necessarily be in front of us. Chair Hardemon: It depends. Commissioner Carollo: So that's why -- Chair Hardemon: Many times -- and that's the whole purpose of having the public have an opportunity to speak. Many of the people here may have to go somewhere next, and so you don't want to capitalize their time when they can speak, and if they decide to leave, to leave. Those who want to stay, those who are watching on television will have an opportunity to hear the -- to -- the discussion. But remember, at the end of the day, we're taking the public's comments, we discuss it as a Commission, and we make our decision. Ma'am, you're recognized. Ms. Cowdy: Thank you. My name is Deryn Cowdy. I live at 484 Northeast 50th Terrace. I'm here today on behalf of the Morningside Civic Association, and I would City of Miami Page 7 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 like to voice our support for the lower speed limit. However, we feel rather strongly that the enforcement is going to be the real issue, and I'm here to urge you to consider methods to enforce the speed limit, and I recognize that the police force is already overworked, so I think that -- we thought a traffic study, followed by traffic- calming devices, such as those that have been used in Europe, such as Holland, where you make a visible signal to the driver that it's a local neighborhood street. And my street, in particular, does not have any sidewalks, and we have a school at the end of -- at one end, and then we have a park at the other end. So we have young children walking in push chairs. We have dogs and many pedestrians and cyclists. My own dog was killed, sadly, in front of my two-year-old, and it was one of the most heartbreaking scenes I'll ever have to go through. I hope no one else will have to go through that. This -- earlier this year, another neighbor's dog also was knocked out on the same street, so I'm here to urge you to please take some action before it's a child. Thank you very much. Commissioner Suarez: Mr. Chair. Chair Hardemon: Thank you very much, ma'am. Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: I know that you are reluctant to allow us to sort of get into that discussion, but -- Chair Hardemon: The reason being is that because many times everyone is not here -- Commissioner Suarez: Yeah, I know. Chair Hardemon: -- to talk about traffic studies. Maybe there's someone here who wants to talk about housing; maybe someone here who wants to talk about a budgetary item that's on the agenda, so let's -- if we can just allow the public comment -- Commissioner Suarez: Okay. Chair Hardemon: -- we can get through the agenda -- Commissioner Suarez: Okay. Chair Hardemon: -- quicker. If we keep interrupting them, we're not going to be able to get through to hear the public comment. Commissioner Suarez: I get it. Norma Jean Abraham: Good morning. My name is Norma Jean Abraham. I'm a board member of Leadership Learning Center. I live at 4891 Southwest 76th Street. Leadership Learning Center is in the heart of Little Havana. We are very proud and appreciative of Mayor Tomás Regalado donating from the City $10,000. We really need it. Our children are the poorest in the neighborhood, in the City of Miami. And we have accomplished so much, having this Leadership Learning Center program, by actually having 13 of our children graduate and going college on a scholarship. That's amazing accomplishment that wouldn't have happened without this program, and we really thank you so much for the donation. City of Miami Page 8 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair Hardemon: Thank you very much. Mirta Fuentes: Good morning. My name is Mirta Fuentes. I'm the executive director of the Leadership Learning Center, located at 1366 Northwest 1st Street. Mayor Regalado, Commissioners, I'm here this morning not only to thank you on behalf of all of the children that have gone through our program; to give you a little history. The Leadership Learning Center after-school program was created 51 years ago when Father Vellina saw the first influx of Cuban refugees coming to Miami in the 1960s, and in order for those parents to be able to go to work, this after-school program was created. But since then, every single wave of immigrants from the poorest countries of Latin America -- El Salvador, Honduras -- every single one -- Guatemala -- they come through our doors because of the history of service from the church and the after-school program. What we find there is really a labor of love, because at the end of the day, our tuition is free, our summer camp is free. When the school system is closed, our program is open from 8 in the morning to 6:30 in the evening; spring break, winter breaks, teacher's planning days, summer camp. We're serving 250 students. Since last year, we were donated a brand-new building. We were able to enhance our program to 250 students. We invite you, each and every one of you, to please, any time, any day -- we're doing the same thing every day -- come visit us. Come visit us. I think, once you see it firsthand, you will understand. But your donation this morning, your contribution is a tribute to the children that have gone in the past, that are here in the present, and will be here in the future. Thank you. Chair Hardemon: Thank you very much, ma'am. Hello, you're recognized. Erin Clancy: Hi. Erin Clancy, 3558 Royal Palm Avenue, here to speak in support of RE.18 again, and really to thank you the Commission as a whole; Commissioner Suarez for introducing the resolution at first, and Commissioner Carollo for having amended it. And I know Commissioner Russell is probably sick of seeing members of my crew. They've been very supportive of our petition. We have a petition with close to 400 names of people living in South Grove, who are hoping to make this change to 20 miles an hour. With the lowered speed limit, Miami joins cities around the world and in the United States, like Boston and New York, who recognize that lowered speak limits give a measure of livability and safety to all residents. In fact, you could compare it to a vaccination campaign. It's giving us herd immunity. By lowering the speed limit, we hope to be able to protect ourselves against bigger cars, more traffic, and more distracted drivers. So I hope very much that you'll find a way to include this language to allow for 20 miles an hour. And if you need, I can stay afterwards for the discussion, when the resolution is introduced. Chair Hardemon: Thank you very much, ma'am. You're recognized, sir. Michiel van de Kreeke: Good morning, Commissioners. My name is Michiel van de Kreeke. I live at 3803 Loquat Avenue. I'm a life-long Grove resident. I haven't left the sandbox, and really have no desire these days, given all the traffic that's out there. So I want to thank you for bringing the resolution, number one, up for 20 miles an hour. I understand your discussion and where it's going. Unfortunately, we do have places to go and work to be at. So I wanted to express my support for it. I wanted to make sure that my kids have the same quality of life that I had growing up in the Grove, and that's riding my bike to school. I ride my bike to work now. Unfortunately, I can't have my kids ride their bikes, because of the traffic situations going on, particularly on my street, on Loquat. It's almost a thoroughfare. There's a stop sign in front of my house that nobody really even looks at. There's been incidents of crashes. My father's car was rear-ended as he's pulling out of the -- er to Linden Lane, just because of my three kids and their safety. So, you know, with the increased City of Miami Page 9 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 density, also what's going on in the Grove -- and we see these lots that are getting had a beautiful home on it; now the guy wants to build three houses. That's just going to increase the density there; more cars, more problems. So I just wanted to express my opinion on that, and thank you for all your support. Thanks a lot. Oh, and by the way, there was a traffic study done over there on Loquat Avenue. It was done in the summer, when there was no cars, so maybe we should look at the timing of that, as well. Thank you. Chair Hardemon: Thank you, sir. Sir, you're recognized. Harry Redlich: Hi. My name is Harry Redlich. I live at 3660 Avocado Avenue, in the Grove. I'm also here to speak about the -- lowering the speed limit to 20 miles an hour. I appreciate you coming up with this idea, and thank you for considering it. I'm a friend of my neighbor, because I see her all the time walking my dog, and I have to get up pretty early in the morning and be out by 6:15, unless I want to get in the fray of the SUV (sports utility vehicles) moms, who are all hurrying to school in the morning, and that can be a scary experience, because those SUVs are pretty big, and if they're coming at you -- they don't realize what it's like to be walking beside them with a little dog. And like many neighborhoods in Miami, we don't have any sidewalks in the Grove, and so it would really be a great thing if we could lower the speed limit. So thank you for considering this. Chair Hardemon: Thank you very much, Sir. Ma'am, you're recognized. Carol Lopez-Bethel: Good morning, Commissioners. My name is Carol Lopez- thank you very much for seeing me again. I'm at 3907 Loquat Avenue. I'm going to refer to the gentleman who spoke before me as "Monkey," because that's what we all know him as. No one can pronounce that Dutch last name. We are very concerned about the 20 mile-an-hour speed limit, and we do feel that it is not a single item. It is also a problem that's reflected in the density, the increased density of what Coconut Grove has always been: a low density area. I've told you -- I'm sure you've heard me mention before -- that I've lost a dog myself. I've rescued Monkey's dog several times when he -- when she's gotten out. Just this morning, I've had to -- by the way, I am the enforcement on Loquat. They actually call me the -- people's SUVs to stop them; point to them when they are looking at their phones as they drive down the street. So enforcement is very important, and our police have been very, very active in helping us with this, but I think a lowered speed limit will actually allow them to see the people looking at their phones in their cars as they go by. This is a great, great concern to us. I really appreciate anything you can do. Commissioner Carollo, I was so thrilled to receive a phone call from your office reminding of this. It was -- you absolutely made my day. This is something that we're clearly very passionate about, and as I mentioned, we will be -- I will be back up to discuss SR.2 and RZ.2 \[sic\], because these are -- I think that this is all part of one larger issue: lower density for lower density residential neighborhoods. Thank you. Chair Hardemon: Thank you very much, ma'am. Sir, you're recognized. Glenn Terry: Good morning. I'm Glenn Terry. I live at 3533 Palmetto Avenue. And if you live in my neighborhood, you don't have to go to Homestead Speedway to watch a race; you just step out front, especially when the people are taking their kids to Ransom, Carrolton, 7:30, 8:30 in the morning; it's just nuts. They drive so fast. And we have narrow streets; they're 14 feet wide. Your average two-lane street is 16, 18, 20 feet wide. You know, we have no swales, no sidewalks. We have swales, City of Miami Page 10 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 persistent people working on it now. And I thank you all for your support of this plan to reduce the speed limit to -- not just to 25, but to 20 in certain designated areas where it's obviously -- obvious we need the slower speed limit to make our neighborhood safe. It's the easiest thing we do -- we can do, and if you do that, we won't have to throw palm fronds in the road to slow them down. Thanks. Chair Hardemon: Thank you very much, sir. Sir, you are recognized. eed bump." Dan Kavanaugh: Good morning. My name is Dan Kavanaugh. I live at 3652 Poinciana Avenue, Coconut Grove, and I am here to say that, having lived in that old Coconut Grove house for 50 years, in the same place, that I believe that you're doing the traffic speed reduction down to 20 miles an hour can be one of the most important things you can do for this part of Miami. The safety problems caused by cut-through traffic, coming through at high speeds, have really made it impossible for people to enjoy their neighborhood. Children cannot go out on the street; neighbors cannot walk from one house to another to see each other because of the cut-through traffic. We're very grateful to you for taking the time and effort to deal with this problem, and we ask and hope that it will be accomplished. Thank you very much. Chair Hardemon: Thank you, sir. You're recognized, sir. William Wallace: Thank you, Commissioners. My name is William Wallace. I'm at iscuss PH.1. I am in support of PH.1, and I think emergency housing relocation is a good thing, and it's in need right now. However, I want to remind the City, the Commissioners that relocation outside -- relocation of people of color outside of their neighborhood is in violation of the Fair Housing Act. And so, relocation, though it may be an emergency and may have to be done, if it's outside of their neighborhood that they want to be in, it's in violation of that, so relocation is not the goal. We need to find emergency housing for people - the people being evicted on Grand Avenue, but I just want to put that before you. Thank you. Chair Hardemon: Thank you, sir. You're recognized, ma'am. Esther Knicely: Good morning. My name is Esther Knicely, and I live at 3331 Florida Avenue, in Miami, Florida 33133. I am here to discuss PH.1, as well, and to say that it's great to have that on the agenda, but also to kind of reiterate, like my neighbor William was saying, that just to be cautious about how that is implemented, because it can be in violation of the Fair Housing Act, and I know that you, as representatives of the City of Miami, would not want to be in violation of that Federal law. And in fact, I would hope that you guys would see a way in which we could be a model for other cities in the way in which the Fair Housing Act is used for the pushing of equality for its citizens. And I also would like to briefly say that the different speed limits that we have with people speeding through the Grove is a problem in the West Grove, as well. We have people on their cell phones, as many have said, and there are neighbors who don't have transportation and are mainly walking on foot and are in danger of getting hit, as well. So I do, though, however, want to bring back to you mainly to housing as a result. There are people who might not have a home for the holidays, and I hope that you would be thinking of them, as well. Thank you very much. Chair Hardemon: You're recognized, ma'am. City of Miami Page 11 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Kristen Hart: Good morning. My name is Kristen Hart. I live on 3334 Charles Ave., Miami, 33133, and I'm here to show my support for PH.1. It's very encouraging to see this actually on the agenda this month, so thank you for hearing us and listening. But again, just to reiterate what my neighbors have said, we do ask that you show caution in how this money is distributed, and that relocation is not really the answer. We have our neighbors who want to stay in the Grove, because transportation to work, to school, all those things are big issues for them. So to move them to places like Homestead or other places where there is housing is going to really hinder their quality of life and prevent them from being able to continue living the way that they want to live, which would be a violation of the Fair Housing Act. So I would just ask that you consider that, as you look at this, and also to encourage you to keep acting. There's a lot more that needs to be done. This is the first step, and we're very excited to see it happening, but there's still a long road ahead of us to get low-income housing in our neighborhood. It exists in other parts of Miami, but there's no low-income housing in the Grove, which is pretty crazy. So, please continue to think and discuss about what can be done for the West Grove. Thank you. Chair Hardemon: Thank you very much. You're recognized, ma'am. Johanna Brown: Hi. I'm Johanna Brown, 4360 Ingraham Highway. Thank you. First, I want to just talk about SR.2. I want to thank you very much, to Commissioner Suarez, for putting that on the item \[sic\], and Vice Chairman Russell, as well, and all of you for supporting it. I think that's a good first step in improving our NCD (Neighborhood Conservation District), not being able to build on a T-plat, but it's clearly the first step. We still have a lot of work to do on the NCD, the Code, to tighten it up and make it a healthier and a more functional Code for our neighborhood in the Grove, so -- but I appreciate that first step very much. I also want to support PH.1; happy to see that on the agenda, as well. Money is desperately needed for our neighbors in the West Grove, and these are working poor individuals who are being displaced, and I would recommend, though, some sort of oversight in how that money's distributed and what it's being used for. Again, relocation is not the goal for many of these people who want to stay in the neighborhood, but there is a -- sort of a larger, bolder, more proactive action that has to be taken in the Grove to get affordable housing in the long-term for these residents. Riding around the neighborhood and seeing how much land is owned by developers, it's -- you know, it's frightening to think what might happen to the families who have been living there for years, so this is the time now that any plan going forward should include some sort of protection or consideration for the hard- working families that are there, and I'm all for revitalizing neighborhoods that need it, but if we look to our leaders to protect the character of these neighborhoods as we go through redevelopment and -- it's vital that we keep this working class historic community intact for all of our benefits. Thank you. Chair Hardemon: Thank you, ma'am. You're recognized, sir. Aaron Ramsey: Hello. Good morning. My name is Aaron Ramsey. I'm a long-time resident of Coconut Grove. I was born and raised here. I'm also Bahamian descent. I work locally here, and unfortunately, things for the community, as far as affordable housing, I'm supporting of PH.1. And I have two -- three kids; two boys that live with me, ages 23 and 21. I also reside with my mother at the same time, because unfortunately, I was laid off a couple of years back, but now I'm working. I'm doing okay. But at the same time, having first and last month's rent, and things of that nature, are very difficult for people to obtain, so we need help, especially as being a long-time resident, as myself. I'm 45 years old, and I love this community, and I've seen it go from the best thing ever to not looking too good. So I would appreciate if City of Miami Page 12 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 you guys could be able to do anything under your power to help us and try to recycle some of the things that's going on with this community. And also, I am a part of trying to get a little help for the lowering of the speed limit, because I see people coming in all day. I work for the School Board for 12 years, and people -- everybody's on a track meet. You're not going to go anywhere fast if you get into an accident and die, so these guys need to slow down, need to see where our kids are; they're playing; they're in their residential neighborhoods, and this is not good, at all. And I've seen it, like I said, go from good to bad, and right now we're in a crisis in this community. And I would appreciate it if you guys would really look forward to doing things in your nature, in your power. God bless. Chair Hardemon: Thank you, sir. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. Gentlemen, I'm here this morning to speak peripherally to all the expenditure items on the agenda, but particularly, I want to address them vis-a-vis the Morningside Park picnic area restroom. In the middle of Morningside Park, one of Miami's most beautiful parks, is a palm garden. It's been there since 1953. Why am I telling you this? I am the main volunteer with the South Florida Palm Society, who looks after that palm garden, so I'm there many hours every week. In the middle of that palm garden is a restroom pavilion that has been in the park also since it was built in 1953. It was remodeled, along with another restroom in the park, at a cost of several hundred thousand dollars to make it ADA (American disability act) compliant about seven years ago. Shortly afterwards, it was found that the sewer line was clogged, and so the contractor ran a video camera through the sewer line. You can see in the upper left-hand corner of that slide, the date was June 17 of 2010, and the video camera found that the sewer line was, indeed, clogged with tree roots. Now, one might think that on June 18 of 2010, the City would have initiated repair. You know where this is going. It is six and a half years later, and the sewer line is still clogged. The picnic area is very popular in Morningside Park. There's lots of children's parties there. Many times, I've been working in the garden, and people come up to me and a volunteer. I'm sorry; I've been tr Coconut Grove's Kennedy Park has a full, fancy, air-conditioned restroom trailer. I'm not asking for that today. All I would like Morningside to have is a porta potty. I've been in contact with CIP (Capital Improvements Programs). Jeovanny Rodriguez is an extremely capable and sincere individual. He has told me that they expect construction on the repair to initiate in March of 2017. I certainly hope that's true, but we've all -- we all know that construction start dates are often subject to Murphy's Law and get delayed. Even so, I'm asking, please, get us a porta potty until that is back online with the sewer line, and repair in the restroom. Thank you. Chair Hardemon: Thank you very much, sir. You're recognized, sir. Grady Muhammad: Good afternoon, Mr. Chairman, Commissioners. Grady Muhammad. Question: Is the resolution --? Because I want to speak in reference to RE.2, Flagler First Condominium, as well as PH.1. I think that's none -- needs to be done, but we definitely got to monitor it, because the people needs it. And all of the buildings that we continue to build in this community, we now have some legislation, Commissioner Suarez, to be able to look at ensuring residents from the City of Miami get home ownership, rental opportunities, and all of those things, because we're putting those funds there. That has never been done prior to that, but it should have been -- you know, it's a Monday morning quarterback, but it's needed, past tense. And we need to ensure that compliance, and penalties if those compliance is not met. And that leads me to -- with the Flagler First Condominium. It's a great first condominium downtown. Community -- City of Miami affordable housing -- Community Development lent $1.8 million; 91 units; retail already was sold for $3 City of Miami Page 13 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 million. The housing units, none of them have ever been low income. Most of them are LLCs (limited liability companies), and some of them are small units, but they're a 175,000, $250,000, or more so. So, no low-income people has ever qualified for these. With this amendment, we're talking about two units that are left, $72,000 come back, but that can be forgivable. We're not going to get anything from the original $1.8 million that we've invested into the condominiums. And at a average of to make a lot of money. We're not getting anything back. The community is not getting anything back. The developer never sold the condominiums to low-income, moderate-income persons, as it originally done. It's just like the Parrot Jungle deal. We get a transfer fee, but we don't get anything -- the jobs that was supposed to be promised. So when do poor people get punished, like, unfortunately, these -- this family here. It ain't got anything to do with it, but I want to put it on record, because Dutch Bank got bust in the head for 16,000 -- 16 -- $14 billion by the Justice ient. They supposed to be got a -- supposed to got a mortgage modification reduction. They got a mortgage modification -- reduction -- they got a modification. The modification is $128,000. The house is only assessed at 64,000. It is a wooden frame, two-bedroom, one bath house, built in 1947, and it's no way in the world this house literally worth a 128,000. Then they got a mortgage payment of -- a balloon payment, Mr. Mayor, coming up at $75,000 after they pay the 130. But yet, we don't have no fund- family rehab list, and most likely, will be replacement. There's no monies from the replacement. Let's start to using these programs like this here: If they don't do what they're supposed to, let's get the people's monies back, and help the people who needs it. We not helping the developers. We got that thing called the Citadel (phonetic). We paid that Section 108 loan off; they've never done anything. That's where the CRA (Community Redevelopment Agency) offices used to be. When we going to start letting this money that goes to poor people, who census track, demographics, density of poverty, (UNINTELLIGIBLE) statistics bring the money down. When it's going to help them -- Chair Hardemon: Mr. Muhammad? Mr. Muhammad: -- and not just the developers? Thank you -- Chair Hardemon: Thank you very much. Mr. Muhammad: -- Mr. Chairman. Chair Hardemon: You're recognized, ma'am. Renescha Coats: My name is Renescha Coats. I stay at 3420 Hibiscus Street, Apartment 1. I'm here in support of PH.1 and also CA.14 and the speed limit. In regards to CA.14, I think that it is great that we want to improve the life of the people of Cuba, and I also urge you guys to think about the life of our African Americans here in Miami, Florida, because most black -- African-American neighborhoods are being gentrified, not just West Grove. And it's great that we care about Cuba, but we have to care about ourselves, too. We have to care about what's here, and what we have, what we're facing already, because West Grove is not the only place that's being gentrified; it's happening all over Miami. Also, with the PH.1, I think that it's great that you guys are thinking about 306,000, but I just hope it's not just to relocate me and just to put me anywhere. I hope it's to -- we can see how we can use that to rehab what we already have, instead of relocating people to a Grand Avenue. The people come speeding from Charles, and you can't even have your kids playing outside or anything, because people are going so fast. So I hope City of Miami Page 14 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 that the speed limit is implemented everywhere in the Grove, not just South Grove; everywhere. Chair Hardemon: You're recognized, ma'am. Renita Holmes: Good morning, Commissioners. Madam Holmes, the Wave of like to add as quickly as possible on my comments and experience in regards to just several but relevant resolutions in our efforts to act on this issue of housing crisis. First, PH.1, in regards to the housing and relocation money that was done. In my 37 years of anticipating this housing crisis and epidemic, or reliving it at this phase, I found that it's most important; and the gap is, is that we hardly ever put any monies into experienced transitional groups; that even some of us are composed as peers who have come from public housing, who now provide that direct support and referral, and I've had the opportunity at Our Homes, which has done many transitioning the residents; getting the education, information out, and right now I'm supporting several of the families, much like this young man, particularly my godson, Ravon (phonetic), and children, who are basically living outside of where I met with Mr. Rasheed and Ms. Gibsons \[sic\], but having that experience to bring together collaboratives \[sic\] throughout the year and not having those resources, or at this point, and not confusing advocacy with direct service, so in the essence of time, I'll leave that. I've spoken to a lot of your offices, but Our Homes is in need of that, because gap services immediately supporting is not addressed here. We have the advocacy, but those of us who are going to the developers, the realtors, the Commission meetings, talking to you; and actually, the late-night support, getting them hotel vouchers, we're a little bit low. That's why I commend you in regards to PH.8 and the monies to Curley \[sic\] House, which has been an outreach service, not just providing foods, but helping those in the interim that do not have a place to store their foods, and including those that your support for us that have been bringing this issue to the Commission on the Status in Miami-Dade County through BC.8. That is a big issue, where we had -- those of us who were denied the right to and absent of waiver by our group that raised the issues of that, but yet, we're supporting a fourth term, who never got a -- person on the board who never got a notice. We can go on and on. I'd like to thank Kevin Jones, but we also have staff that has not been trained in HUD (Department of Housing and Urban Development) and Fair Housing rules. And I think, when we're talking to folks about what's important, how you -- who's been there may not necessarily have the cultural competence to relate to the issue. Please consider our support in being restored to the board so that we have equal opportunity and can bring the crisis and the service needs directly to you and close the gaps. Lastly, in regards to R6 \[sic\], a lot of us are living in those cars, where t the parking revenues, and have had our cars towed, even persons with disabilities, which is some out of the situation with you, and you see what I'm dealing with all the ith disability, but you're still being towed. Now, that's the only home you have, and now you have to go back and get it. So these are the situations; we're making the rules. We don't see how they collectively consider this big hole that we're falling in, and how those of us who need you to understand when we're sitting on the Council and tell the story, not be sidebarred by those who think that we speak a little bit better or against you, but just really want to inform you. And to save those who are living on the streets right at DCF (Department of Children and Families) because you don't have a home, t makes the situation worse. Thank you for your time. Chair Hardemon: Thank you very much. You're recognized, ma'am. City of Miami Page 15 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. I want to actually congratulate Commissioner Francis Suarez for CA.11. I think it's so important. You see the children hanging their hands, their head, almost half of the body out, and unfortunately, the bus driver cannot control 20, 30 kids in a bus at the same time he's driving and trying to catch up with the lovely traffic that we have in Miami. So I think this is something that we need to look at it, not just as a perspective of a safety of the child, but we have to think about it as well of how those stop of those buses in the middle, for example, of 6th Street. They stop on the middle of 6th Street to get a child down, and you have cars next to it, driving at 60 miles per hour, and they don't stop, even if they see the light, even if they see the stop sign. So I think it's something that we have to encourage. Safety of the kids is first. In support of PH.11 and, as well, the speed limit for Little Havana, I think it will be important. I don't know if it's -- 20 is going to work, but if we do 25 and actually enforce it, I think the two Commanders that we have now, they are being very, very successful in a lot of things they do for our committee \[sic\] We have seen the improvement. So, I support the speed limit of 25. I don't know if 20 is going to work, because they don't even follow 25 right now, so we cannot -- we can dream, but reality is a different story. And maybe the police will be able to have a little bit more of control on that, and hopefully, it will be able to work out. Another thing that I just want to mention something is, I hope that you, as a board, stop giving people the extensions on being in boards for eternal life. You guys are giving exemptions of boards members that have been there for 15, 20 years. You guys wanted change, but -- in the committees that you guys have, but you keep having the same people in the same place. Then you have the same people doing the same mistake over and over, and nothing change. So, please, if you are going to vote in nominating people, make sure that those people actually are according with the law. It says, three years, two years; move on to a different committee. If you really want to help your community, you move to a different committee if you not allowed to work in the same one that ; you move to a different one, and you work well. It's a lot of people that wants to be part of it, but when you in there and nothing change, then you have boards with -- supposedly have 11 members with 5, and eventually, you will have just the chair and the vice chair, and that's it. So please, don't ask for changes when yourself \[sic\], as the five Commissioners, keep appointing the same people over and over and over. Thank you. Chair Hardemon: Thank you very much, Ms. Betancourt. Mayor Regalado: Chairman? Chair Hardemon: I'm trying to close the public comment. How you doing, sir? Daniel Suarez: Hi. Good morning. How you guys doing? My name is Daniel Suarez. I'm with the Civilian Investigative Panel, District 3, with the address of the Panel, 960 Southwest 1st Street. I'm on here discussing three items: Discussion item 1, 3, and 5, to be correct. Discussion item 1 is very simple. I think the hiring process has been great. It's been working just fine recently. At the last -- I've been hearing complaints about six years now, and the only times I see complaints of officers being forthcoming and actually telling the truth are officers that have been hired in the last two or three years, which is fascinating. So whether it's hiring process going on, I think it should continue. It's going great. We have officers that are being honest, telling the truth; they're learning from their mistakes, and moving forward. That's what we want. We don't want the old-timers that keep lying and causing the ruckus. We don't want that. Discussion item number 3, the audit -- off- City of Miami Page 16 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 duty police officers, I've had an issue with that for the past five years. I've noticed sometimes some officers don't work the off duties they're supposed to be working, other officers, and sometimes they may cause a problem with regular City business. When I say that, I mean, we have officers who are assigned to certain areas. They're not calling out, not going to work; maybe because they're working off-duties, but who knows? But the point is there's an issue. I'm glad the IG (Inspector General) took this into consideration, did an audit; wonderful. Discussion item 5, that is currently in our office. The Civilian Investigative Panel, the investigators are currently investigating that issue. According to City Charter, we forwarded that to the Internal Affairs Office. There are some issues. I don't want to touch on it too much. I just want to say that some of the evidence that's being presented so far is very disappointing, especially for the higher ups in the Police Department, but we wait to see the outcome of that. That's all. Appreciate it. Thank you. Chair Hardemon: Thank you very much. Mr. Suarez: Oh, by the way, just to reiterate what the young lady said before, I agree with her. Sometimes -- the CIP (Civilian Investigative Panel), we had that issue, you know, members staying over. We have some vacancies that would love to get filled; that'd be great; just want to throw that out there as well. I mean, we could use the bodies. That would be great. Thank you. Chair Hardemon: Thank you, sir. Mr. Suarez: Thank you, guys. Chair Hardemon: Seeing no further persons here for public comment -- you're recognized, sir. Williams Armbrister: Williams Armbrister, 3260 Thomas Avenue, Miami, Florida. Under CA.6, dealing with McFarlane, the park has already been turned into a restaurant/nightclub, and to my knowledge, it's the only public park in the City of Miami that has a restaurant/alcohol entertainment facility. So what -- I would suggest that you consider maybe eliminating that altogether, because that park is supposed be for families and children, not for restaurants and entertainment. And with your proposal to do even more with that park, I'm in -- totally objected to that. In your -- okay, there's another -- I have a few issues. I'll be as brief as possible. In your PH.3, where the requirements for competitive sealed bidding, that should never go away. There should be a bid process attached to every dollar that's spent by the City of Miami, and to just eliminate that leads to something we don't want to be led to. And as far as the speed limit goes, it should be lowered to 20 to 25 miles an hour in a residential community, because we are absorbing traffic that refuses to be stuck on US 1, so they're using our community as a thoroughfare to go downtown and north of Coconut Grove, so -- Okay. And Southwest 8th Street, let me see. Where is that? I had too many things here I wanted to deal with. Vice Chair Russell: Mr. Chairman, while he's looking, if I can make a comment? Mr. Armbrister: PZAB (Planning, Zoning & Appeals Board) 3. If you're proposing -- there are hundreds of families on Southwest 7th Street, between 20 -- 18th to 27th Avenue, and if you're going to change the zoning there, you would be having the same impact as you had on thousands of families where the Marlins Stadium is. Thousands of families had to be relocated all over somewhere, because of that stadium that's not -- does not benefit the City of Miami, at all, especially financially. So I would ask that -- -- you're proposing to do the same thing there that you're doing in Coconut Grove. The City of Miami Page 17 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 elimination of residential residences for the purpose of commercial and upzoning, it's no good. And I'd like to help you understand your need to be described as those that are working for the people who elect you, because these lobbyists, these developers, and these contractors, they are one vote, if they live in the City of Miami, but there are thousands of votes that put you in office, and you need to be more respectful of those people that put you in office. Chair Hardemon: Thank you very much. Mr. Armbrister: And one last thing. I'll save it, Mr. Hardemon, until January. Chair Hardemon: Thank you very much, sir. Vice Chair Russell: Mr. Chair. Mr. Armbrister: Bless you all. Chair Hardemon: (UNINTELLIGIBLE) want to close it -- the -- Vice Chair Russell: I just want to respond to him before he leaves. He had a -- Chair Hardemon: Yeah. Vice Chair Russell: If I could? Chair Hardemon: Go ahead. He wants to -- the Vice Chairman wants to say something to you. Vice Chair Russell: Mr. Armbrister, just -- thank you. Good morning. Just in case you're going to leave before we have discussion on CA.6, I just wanted to clarify your issue about condo ownership within Peacock Park. To my understanding, this is a legal term having nothing to do with residential condominiums in our park, just so you know. Mr. Armbrister: I understand that. Vice Chair Russell: Okay. Mr. Armbrister: But it's already been transformed from what its intended purpose should be into something that it was never intended to be. Vice Chair Russell: Thank you. Mr. Armbrister: So I understand you're not going to build condominiums there, but what I am saying is that their lease that they have, if they have a lease, if they were not permitted to purchase that land, should be eliminated; it should expire, and do something for the residents and the children in our community, opposed to some private business on our public parks. Chair Hardemon: Thank you very much, sir. Mr. Armbrister: Thank you. Commissioner Gort, bless you, brother, because I know what you've been going through. Chair Hardemon: Thank you, sir. You're recognized, sir. City of Miami Page 18 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Javier Ortiz: Thank you. Thank you, Commissioner. Javier Ortiz, president of the Miami Fraternal Order of Police, 710 Southwest 12th Avenue, regarding DI.3 and DI.5. DI.3, as far as the audit of the off-duty police officers, I must tell you that, at least in my time being with the Police Department, I've never seen as much enforcement of our officers when it comes to accountability of those that are working extra-duty assignments. I know there's always room for improvement, but at the same time, I must say that this Administration has done a lot in order curtail concerns with not only, you know, surprises done by our own supervisors checking officers, doing integrity checks, ensuring that they're where they're supposed to be, so I totally disagree with what the CIP or their one representative said. And as regarding DI.5 and the police storage units, I know that is being addressed. I know it is a concern. I hope that the Commission doesn't focus too much on that. There's much bigger issues going on that the FOP (Fraternal Order of Police) wishes for you to address. You know, the -- something that really needs to be looked into is just the epidemic going on in Overtown right now with all the heroin use; people that are, you know, being taken away by this terrible drug; looking into our retirement system and correcting it, as well as other issues. We had a police officer two weeks ago that nearly died, and it was due to the fact that we have critical need, especially at our fire station off 57th Avenue, and they need more personnel, they need more fire-rescue trucks. Those are the things that I think need to be focused on. Thank you. Chair Hardemon: Thank you very much. Ma'am, you're recognized. Cathy Parks Suarez: Hi. It's me again. Cathy Parks Suarez, 4035 Battersea Road. I'm here to support PH.1. I think it's great; little too late, but finally. I'd like to see - - I see on page 11, CA.14, 1452, where we are concerned about the Cuban population. I think that's great. But it would really be nice if we would have something like that for the Bahamian and African American -- or the African- American communities that are being just wiped out. I know it's happening in all the poor neighborhoods in the United States, pretty much, but it's really bad here, especially in Coconut Grove, and they were here before any of us. So to see this, considering the circumstances, really, was very hurtful. And my kids are Suarezes, so -- but I'm working with the -- this community, and I think they deserve a paragraph like this also; and a spot on this, other than just the $300,000. Again, they've been here before anybody. So thanks, guys. Chair Hardemon: Thank you very much. Sir, you're recognized. Daniel Green: Good morning. My name is Daniel Green. I live at 820 Northwest 28th Street. I'm here to comment on the extension of the Betterway Treatment Center's lease. I'm an alumni there. I've been clean for four years now. That's the longest I been clean, since I was 14; I'm 57 years old. If you would have told me anger; that has ruined my life. I'm calmer than I've ever been. Treatment Center works. It would be a great -- bad hardship and great loss to the community if my life. I'm calmer, and I have no anger anymore that I used to have from things that happened in my childhood. It's cost me my wife and everything else that I took it out on. I didn't realize it until I got to Betterway and got to talking to their counselors, and they got me to see it and realize it, and again, helped me deal with it. And like I said, I'm happy and I'm calm and I didn't know what "happy" was until I worked through all my barriers, and I owe it all to Betterway. And I live in their housing now, and I still -- and they still help me to this day. I got a problem, I just knock on the door. They're always there, if I need them. So thank you very much. City of Miami Page 19 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair Hardemon: Thank you very much, sir. You've already had your opportunity to speak, ma'am. Go ahead. Ms. Lopez-Bethel: Thank you very much. This is just one very important point that I meant to -- Chair Hardemon: Please state your name -- Ms. Lopez-Bethel: Carol Lopez-Bethel, 3907 Loquat Avenue; very important point that I forgot to bring up earlier, and it was regarding the traffic study, which I hope that you're going to consider. I think it's very important that that study be done during the school year. Last year -- I didn't want there to be on the record that we had one last year. It actually started the day after school stopped. And I have on my personal count had as many as 50 cars an hour drop to probably five or six by the day after school, so please, when you redo it, please do it during the school year. Thank you very much. Chair Hardemon: Thank you very much, ma'am. Seeing no other persons here for public comment, I'll close the public comment section at this time, so thank you very much for giving us all of your comments of the day on the regular agenda item. City of Miami Page 20 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 PA - PERSONAL APPEARANCES PA.1 PERSONAL APPEARANCE 1283 PERSONAL APPEARANCE BY RALPH ROSADO OF THE URBAN HEALTH SOLUTIONS REGARDING THE BENEFITS OF COMPLETE STREETS AT VARIOUS PUBLIC VENUES. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item PA.1 was deferred to the February 23, 2017 Planning and Zoning Commission Meeting. END OF PERSONAL APPEARANCES City of Miami Page 21 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez CA.1 RESOLUTION 1262 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Department of EXECUTE MUTUAL AID AGREEMENTS, IN SUBSTANTIALLY THE Police ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE FOLLOWING MUNICIPALITIES: CITY OF MIAMI GARDENS, CITY OF SOUTH MIAMI, VILLAGE OF EL PORTAL, CITY OF NORTH MIAMI AND CITY OF MIAMI BEACH, TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO, NATURAL AND MANMADE DISASTERS OR EMERGENCIES AS DEFINED UNDER THE FLORIDA MUTUAL AID ACT OF CHAPTER 23, PART I OF THE FLORIDA STATUTES. ENACTMENT NUMBER: R-16-0580 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.1 City of Miami Page 22 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 CA.2RESOLUTION 1290 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE CLIENT AGREEMENT Department of Fire- S ADDENDUM BETWEEN Rescue TARGETSOLUTIONS LEARNING, LLC AND THE CITY OF MIAMI CE WITH CITY PROCUREMENT CODE SECTION 18-72(B)(15) FOR THE CONTINUED SUPPORT AND ON-GOING USE OF PROPRIETARY SOFTWARE APPLICATIONS, SERVICES INITIALLY PURCHASED AND AUTHORIZED PURSUANT TO RESOLUTION NO. 11-0398 AND REQUEST FOR NTRACT NO. 251230 FOR INTERNET BASED TRAINING, WHICH WERE PROCURED AND APPROVED FIRE-RESCUE DEPARTMENT IN ACCORDANCE WITH CHAPTER 18, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND THE ADDENDUM, IN SUBSTANTIALLY THE ATTACHED FORM, FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS TO THE AGREEMENT AND THE ADDENDUM, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0581 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.2 CA.3 RESOLUTION 1193 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE ASSIGNMENT OF SOLE Department of SOURCE CONTRACT NO. 13-14-014, FROM DRAEGER SAFETY, Procurement INC. TO DRAEGER INC., FOR MAINTENANCE AND REPAIR SERVICES FOR SELF-CONTAINED BREATHING APPARATUS EQUIPMENT ("SCBA") FOR THE DEPARTMENT OF FIRE- RESCUE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DRAEGER INC.; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0582 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.3, please City of Miami Page 23 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 CA.4RESOLUTION 1311 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED SEPTEMBER 6, 2016, PURSUANT TO Department of INVITATION FOR BID NO. 615394, FROM MAVERICK UNITED Procurement ELEVATOR LLC, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER TO PROVIDE ELEVATOR MAINTENANCE SERVICES, ON AN AS-NEEDED CONTRACTUAL BASIS, FOR A PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL THREE (3) YEAR PERIOD; ALLOCATING FUNDS FROM VARIOUS DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL, AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO ADD SERVICE SUPPLIERS TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS AND MODIFICATIONS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0583 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.4 CA.5 RESOLUTION 1271 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Department of Real EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE Estate and Asset ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND Management THE OLYMPIA CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR A PERIOD OF ONE (1) YEAR, FOR USE OF OFFICE SPACE MEASURING APPROXIMATELY SIX HUNDRED NINETY (690) SQUARE FEET LOCATED AT 20 SOUTHEAST 2ND AVENUE, MIAMI, FLORIDA, FOR USE AS A GENERAL OFFICE BY THE CITY'S NEIGHBORHOOD ENHANCEMENT TEAM ("NET") AT AN ANNUAL LICENSE FEE OF ZERO DOLLARS ($0.00) AND COMMON AREA COSTS ESTIMATED AT TWO DOLLARS AND EIGHTY TWO CENTS ($2.82) PER SQUARE FOOT, PAYABLE IN MONTHLY INSTALLMENTS OF ONE HUNDRED SIXTY TWO DOLLARS AND FIFTEEN CENTS ($162.15) FOR A TOTAL OF ONE THOUSAND NINE HUNDRED FORTY FIVE DOLLARS AND EIGHTY CENTS ($1,945.80) ANNUALLY. ENACTMENT NUMBER: R-16-0584 This matter was ADOPTED on the Consent Agenda. City of Miami Page 24 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 CA.6RESOLUTION 1304 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO CONVERT A PORTION Department of Real OF THE LAND LOCATED AT 2820 MCFARLANE ROAD, MIAMI, Estate and Asset FLORIDA 33133, COMMONLY REFERRED TO AS T Management TO A CONDOMINIUM FORM OF OWNERSHIP FOR PURPOSES OF AD VALOREM TAXATION; FURTHER AUTHORIZING THE CITY MANAGER TO CREATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BY-LAWS, AND ANY OTHER DOCUMENTS NECESSARY FOR THE ESTABLISHMENT OF A CONDOMINIUM ON THE PROPERTY. ENACTMENT NUMBER: R-16-0585 This matter was ADOPTED on the Consent Agenda. CA.7 RESOLUTION 1309 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Office of EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE Community ATTACHED FORM, WITH FLORIDA INTERNATIONAL Investment UNIVERSITY'S COLLEGE OF ARCHITECTURE AND THE ARTS COMMUNICATION DEPARTMENT ("FIU-CARTA"), IN AN AMOUNT NOT TO EXCEED $ 41,220.00, FOR A PERIOD OF TWELVE (12) MONTHS, FOR PARTICIPATION IN FIU-CARTA'S COMMAND LEVEL LEADERSHIP AND PUBLIC INFORMATION TRAINING PROGRAM FOR THE CITY OF MIAMI POLICE DEPARTMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO MAINTAIN SAID PROGRAM. ENACTMENT NUMBER: R-16-0586 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.7 C City of Miami Page 25 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 CA.8RESOLUTION 1310 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Office of EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE Community ATTACHED FORM, WITH FLORIDA INTERNATIONAL Investment UNIVERSITY'S COLLEGE OF ARCHITECTURE AND THE ARTS COMMUNICATION DEPARTMENT ("FIU-CARTA"), IN AN AMOUNT NOT TO EXCEED $103,050.00, FOR A PERIOD OF TWELVE (12) MONTHS, FOR PARTICIPATION IN FIU-CARTA'S CULTURAL AWARENESS, SENSITIVITY AND DE-ESCALATION TRAINING PROGRAM FOR THE CITY OF MIAMI POLICE DEPARTMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO MAINTAIN SAID PROGRAM. ENACTMENT NUMBER: R-16-0587 This matter was ADOPTED on the Consent Agenda. CA.9 RESOLUTION 1011 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND Office of the City ON BEHALF OF MICHAEL A. WILLIAMS, SUBJECT TO THE Attorney CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $200,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $199,900 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-16-0588 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.9 City of Miami Page 26 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 CA.10RESOLUTION 1410 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND Office of the City COSTS TO RETAIN DANIEL B. ROGERS, ESQ. OF SHOOK, Attorney HARDY & BACON, LLP, AS OUTSIDE CONFLICT COUNSEL IN THE MATTER OF BATTERSEA WOODS, LLC V. CITY OF MIAMI, CASE NUMBER 16-402 AP PENDING IN THE APPELLATE DIVISION OF THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA; ALLOCATING FUNDS FROM THE NON- DEPARTMENTAL ACCOUNT CODE NUMBER 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-16-0589 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.10 CA.11 RESOLUTION 1441 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE Commissioners FLORIDA LEGISLATURE TO REVIEW THE SPECIFICATIONS and Mayor REQUIRMENTS OF SECTION 1006.25, FLORIDA STATUTES, ALL OPERATING SCHOOL BUSES IN THE STATE OF FLORIDA BE EQUIPPED WITH SEAT BELTS OR RESTRAINT SYSTEMS IN ORDER TO PROTECT ALL CHILDREN BEING TRANSPORTED IN SCHOOL BUSES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO GOVERNOR RICK SCOTT AND TO THE MEMBERS OF THE FLORIDA LEGISLATURE. ENACTMENT NUMBER: R-16-0590 This matter was ADOPTED on the Consent Agenda. CA.12 RESOLUTION - Item Pulled from Consent 1445 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 62-521(B) OF THE CODE OF THE CITY OF MIAMI, Commissioners FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT and Mayor LIMITATION OF TWO (2) EVENTS PER PROPERTY PER YEAR, IN ORDER TO ALLOW 14TH STREET DEVELOPMENT LLC TO HOST ARTS AND ENTERTAINMENT RELATED EVENTS AT 1430 NORTH MIAMI AVENUE, MIAMI, FLORIDA AT VARIOUS TIMES OF THE YEAR BEGINNING JANUARY 1, 2017 AND ENDING JANUARY 1, 2019. ENACTMENT NUMBER: R-16-0593 City of Miami Page 27 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item CA.12, please see final action on said item CA.12 RESOLUTION - Item Pulled from Consent 1445 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 62-521(B) OF THE CODE OF THE CITY OF MIAMI, Commissioners FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT and Mayor LIMITATION OF TWO (2) EVENTS PER PROPERTY PER YEAR, IN ORDER TO ALLOW 14TH STREET DEVELOPMENT LLC TO HOST ARTS AND ENTERTAINMENT RELATED EVENTS AT 1430 NORTH MIAMI AVENUE, MIAMI, FLORIDA AT VARIOUS TIMES OF THE YEAR BEGINNING JANUARY 1, 2017 AND ENDING JANUARY 1, 2019. ENACTMENT NUMBER: R-16-0593 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing Item CA.12, please see final action CA.12 RESOLUTION - Item Pulled from Consent 1445 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 62-521(B) OF THE CODE OF THE CITY OF MIAMI, Commissioners FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT and Mayor LIMITATION OF TWO (2) EVENTS PER PROPERTY PER YEAR, IN ORDER TO ALLOW 14TH STREET DEVELOPMENT LLC TO HOST ARTS AND ENTERTAINMENT RELATED EVENTS AT 1430 NORTH MIAMI AVENUE, MIAMI, FLORIDA AT VARIOUS TIMES OF THE YEAR BEGINNING JANUARY 1, 2017 AND ENDING JANUARY 1, 2019. ENACTMENT NUMBER: R-16-0593 City of Miami Page 28 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For additional minutes referencing Item CA.12, please see Todd B. Hannon (City Clerk): Chair, I believe -- Madam City Attorney, did you make -- want to make a quick statement about CA.12? Victoria Méndez (City Attorney): Yes, Chairman. Apparently, after we passed the item, it was advised that the address had a slight misprint. The address is actually 1445, not 1430, which may require a motion for reconsideration to pass the correct address, and the legislation doesn't reflect that, so we need to amend it. Commissioner Gort: Which item is this? Chair Hardemon: Is there a motion to reconsider CA.12? Ms. Méndez: CA.12. Vice Chair Russell: Move it. Commissioner Gort: Second. Chair Hardemon: Been properly moved and seconded by the Chair to consider -- reconsider CA.12. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. CA.12. Is there a motion to approve with the amended language that the City Attorney -- Vice Chair Russell: Move it. Chair Hardemon: -- proffered? Been properly moved; seconded by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Well, the only thing that we have left is the -- is -- if we're going to continue -- keep the regular agenda open for that discussion item, then we might as well keep it open also for the RE.18. So then we can have our public comment now on part "B," which is the Planning and Zoning items. Mr. Hannon: Chair, if we could just recess the regular meeting; give me a second so I can flip the tape, and then we can start with Planning and Zoning. Chair Hardemon: It means a recess. City of Miami Page 29 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 CA.13RESOLUTION 1446 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 62-521(B) OF THE CODE OF THE CITY OF MIAMI, Commissioners FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT and Mayor LIMITATION OF TWO (2) EVENTS PER YEAR PER PROPERTY, IN ORDER TO ALLOW NR MAXMIAMI LLC TO HOST VARIOUS ARTS AND ENTERTAINMENT RELATED EVENTS AT 90 NORTHEAST 17 STREET, MIAMI, FLORIDA FROM JANUARY 1, 2017 TO JANUARY 1, 2019. ENACTMENT NUMBER: R-16-0591 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.13 CA.14 RESOLUTION 1452 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING PRESIDENT BARACK H. OBAMA, PRESIDENT-ELECT DONALD Commissioners J. TRUMP AND HIS FUTURE ADMINISTRATION, ALONG WITH and Mayor MEMBERS OF THE 114TH UNITED STATES CONGRESS TO SET OUT POLICY CHANGES IMPLEMENTING DEMOCRATIC PROCEDURES WITHIN THE CUBAN GOVERNMENTAL STRUCTURE AIMED TOWARDS PROMOTING A BETTER QUALITY OF LIFE AND A MORE SUSTAINABLE ENVIRONMENT FOR THE PEOPLE OF CUBA; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS AS STATED HEREIN. ENACTMENT NUMBER: R-16-0592 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA Chair Hardemon: Commissioners, we have approximately one hour to get through some good business. I think if we work diligently, we can get through a lot of the agenda in the one hour that we have that is left. We've completed our consent -- our public comment section, and so now all we have to do is vote on matters. Commissioners, we'll bring our attention to the CA agenda, the consent agenda. Is Vice Chair Russell: Were some items to pull? Chair Hardemon: Is it that you want to vote -- is it possible that you want to vote against it, or you just want to discuss it? Because we can discuss the items in -- all in one motion. Vice Chair Russell: Just discuss. City of Miami Page 30 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair Hardemon: Okay. Vice Chair Russell: There's nothing I want to vote against. Chair Hardemon: Right, right. So it's been properly moved to accept CA -- the CA agenda, which is CA.1 through 14; seconded by the Vice Chairman. Discussion. Mr. Vice Chairman, you're recognized. Vice Chair Russell: Thank you. Chair Hardemon: Let's have a little decorum, please. Some decorum, please. You're recognized, Mr. Vice Chairman. Vice Chair Russell: Thank you. On CA.5, I just wanted to thank the management for moving forward on a NET (Neighborhood Enhancement Team) office for downtown with regard to the Olympia Center. It's very much needed. On CA.6, I wanted to reiterate and perhaps get a statement from the Administration regarding the definition of "condo ownership," so as to clarify any misunderstanding that the public may have. It sounds -- residential condominiums, and that's clearly not our intent. So I'd like us to be clear on that. Could you help us with that, Barnaby? Barnaby Min (Deputy City Attorney): Yes, sir. Commissioner, the purpose of the -- and my apologies, because I cannot pronounce the word very well. The purpose of Administration does not wish, nor do the elected officials wish to change any of the uses that currently exist, or any proposed uses that are coming in the future. It's solely to divide up the parcels, if you will, so that the private use for the Glass House will be taxed accordingly, and the public use for the park will not be taxed. Vice Chair Russell: Thank you. And I also wanted to thank the Administration and the Police Department on CA.8 for allocating significant budget toward cultural awareness, de-escalation training for the police officers. I think this is a very good step, and it's a very good gesture toward the community to let them know where our police force stands with regard to these issues. Those are my comments. Thank you. Chair Hardemon: Is there any further discussion on the items? Seeing none, all in The Commission (Collectively): Aye. Chair Hardemon: Against? Motion passes. Commissioner Carollo: Mr. Chairman, just to confirm, that's CA.1 through CA.14? Chair Hardemon: That is correct. This completes consent agenda. Okay? City of Miami Page 31 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 PH - PUBLIC HEARINGS PH.1 RESOLUTION 1305 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Department of VOTE, APPROVING AND CONFIRMING THE ALLOCATION OF Community and FUNDS IN THE AMOUNT OF $306,000.00, AS SPECIFIED IN Economic CHED AND INCORPORATED, FOR THE Development DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT EMERGENCY HOUSING RELOCATION PROGRAM; ALLOCATING FUNDS FROM AIDS TO GOVERNMENT AGENCIES FUNDS, ACCOUNT NO. 00001.980000.881000.0.0; APPROVING PROGRAM PARAMETERS AS SPECIF AND INCORPORATED; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). ENACTMENT NUMBER: R-16-0594 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing Item PH.1, please see Chair Hardemon: Is there a motion to approve the public hearing items? Commissioner Suarez: So moved. Chair Hardemon: It's been properly moved to accept the public hearing items; that's items PH.1 through 11. Is there a second? Vice Chair Russell: With amendments. Commissioner Gort: Second. Chair Hardemon: Okay. And there will be some amendment record. Chair Hardemon: Is there any further discussion? Hearing none, I don't think there were any -- well, there were some -- there's some direction. I don't think there were any amendments to the -- to PH.1. Victoria Méndez (City Attorney): Right now, there aren't any amendments. This is just an allocation. Obviously, we'll take into account everything that's been said in drafting the agreement. City of Miami Page 32 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair Hardemon: Seeing no further discussion, all in favor of the motion to approve The Commission (Collectively): Aye. Chair Hardemon: Against? Motion passes. Chair Hardemon: Vice Chairman. Vice Chair Russell: For PH.1, regarding the emerging -- emergency housing allocation, I had a question for Legal to see if it's needed as an amendment, but a lot of public commentary had to do with -- regard to the Fair Housing Act and prioritizing placement in local neighborhoods. Do we have an -- is there a legal opinion regarding the Fair Housing Act with regard to placement outside of a neighborhood? Is -- that statement was brought up a couple times. Ms. Méndez: Right. I think it was a misplaced statement. Obviously, those who wish to voluntarily relocate to -- temporarily or otherwise -- a different location, that is not a Fair Housing issue. The Fair Housing issue would be if we, the City, forces them to relocate somewhere, and that is a totally different situation, which we obviously do not force anyone. We would assist if they voluntarily want relocation efforts, so it's -- the way that it was described was not accurate, at all. Vice Chair Russell: But in a case where you've got a community where there is no affordable housing within that neighborhood and the only option is housing outside of that neighborhood, there really is no choice in that sense, potentially. So could that be considered a forcing out of the neighborhood, if we are assisting them with housing, which is a good gesture, but it then displaces them to another neighborhood? Is there anything within the Fair Housing Act that could be considered illegal for us to actually assist with that financially, which, in essence, displaces them without choice? Ms. Méndez: There is nothing that the City is doing that is in violation of the Fair Housing Act. Vice Chair Russell: The Fair Housing Act. Is there anything within this legislation in PH.1 that directs the management group to -- who's implementing and allocating the funds -- actually prioritize local placement? Because if there's not, I'd like us to direct them to do so, that in all possibilities necessary, because a lot of this is funds that will subsidize rents, which should, at best efforts, help to keep families together, which is a very big -- a big thing that happens in these sorts of displacements, potentially. Is an amendment needed or is there a -- is there already direction within the legislation to do so? Ms. Méndez: I don't think that the -- any agreements that we've drafted thus far have that language in it, but obviously, we will, you know -- as an aspirational goal, we will try to, obviously, locate them as close to their homes as possible, but remember that that could be -- and you know better than I do -- with the lack of affordable housing, that that could be difficult, but obviously, it's an aspirational goal. Vice Chair Russell: But once we allocate these funds, an independent company or an independent not-for-profit will be making these allocations and deciding where they -- not deciding where they go, but allocating the money and -- disbursing the monies. City of Miami Page 33 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Alfredo Duran (Deputy Director): Right. Alfredo Duran, with the Department of Community Development. The Citrus Health System will not be responsible to locate housing for them. However, the Collaborative will be -- their efforts will be critical in trying to find them housing, and to the best efforts is to try to get them something locally or within the area. Vice Chair Russell: So, since Citrus is not actually dictating where they go, they're simply disbursing the funds, based on where they choose to find, where they look for housing, or where the Collaborative can find them housing? Mr. Duran: Correct. Vice Chair Russell: There's nothing that should be put in this legislation directing local preference -- Mr. Duran: No. You don't want to -- Vice Chair Russell: -- of those funds? Mr. Duran: -- hinder their ability to move to eligible housing as quickly as possible, either. As you say, there's a limited amount of housing in the -- in this local area, try to get them something local. Vice Chair Russell: Thank you. Chair Hardemon: Commissioner Gort. Commissioner Gort: Let me give you a suggestion. I was able to do a lot of affordable housing. By doing it -- create some incentives for the private sector. We have buildings that have half of the apartments that are affordable housing and the rest at market rate, but we have to create incentive to give them to the private sector so they can do that. We've done it -- I've done it in couple of buildings and it works great. And see, you guys can be very helpful. PH.2 RESOLUTION 1306 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITL Department of DOUGLAS STATION AMENE CITY OF Public Works MIAMI OF THE PROPERT SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN D AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-16-0595 City of Miami Page 34 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item PH.2, please see Item PH.1 PH.3 RESOLUTION 1150 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Department of Fire- VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE Rescue CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF REMOUNTING SERVICES FOR THE FIRE- RESCUE DEPARTMENT, FROM TEN-8 FIRE EQUIPMENT, INC., THE SOLE AUTHORIZED DEALER AND SERVICE FACILITY IN THE STATE OF FLORIDA FOR BRAUN INDUSTRIES, INC., THE MANUFACTURER OF REFURBISHED PATIENT COMPARTMENT MODULES FOR AMBULANCES, FOR AN ESTIMATED AMOUNT OF $170,000.00 PER EMERGENCY MEDICAL TRANSPORT VEHICLE MODULE REMOUNTING, ALLOCATING FUNDS FROM USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS AND MODIFICATIONS TO THE PSA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0596 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Comment Peri and Item PH.1. City of Miami Page 35 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 PH.4RESOLUTION 1375 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Commissioners VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, and Mayor APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR OF THE CITY OF MIAMI'S ANTI-POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $10,000.00, TO LEADERSHIP LEARNING CENTER AT SAINT JOHN BOSCO, INC., FOR EDUCATIONAL ASSISTANCE TO CITY RESIDENTS ("PROGRAM"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0597 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing Item PH.4, please see . Chair Hardemon: May Mayor Tomás Regalado: Thank you very much, Mr. Chairman. Good morning, Commissioners. Thank you for the opportunity. I'm here to speak on behalf of several items that are being sponsored by the Mayor's Office; all of them are related to the City of Miami Antipoverty Initiative, and it's PH.4, PH.5, PH.6, PH.7, PH.8, PH.9, PH.10, and PH.11. We have in the room members of different groups. They will be available in case there is any questions, but I would like to ask the Chair and the Commission to allow us to present a short video of one of the items. It is about Miami Music Project. And this is an agency that works in Liberty City, Little Haiti, and Little Havana. And I think it's important, because sometimes the good news don't make the news, and -- sometimes -- no, never. And this is important, because this is one of the oasis that we have in the City, in Little Haiti, Liberty City, and City of Miami and Little Havana; all of them in the City of Havana \[sic\]. And I want to thank the board of directors of Miami Music Project, but if we can show the video, please. Note for the Record: An audiovisual presentation was presented at this time. Mayor Regalado: So the Miami Music Project is an experience. It's all totally free for the children of Little Haiti, Liberty City, and Little Havana, and you might want to know more, and they have their web page. So thank you very much, Mr. Chairman, Commissioners, and thank you for your support of these items. They will impact the lives of many, many residents of the City of Miami. Thank you, sir. City of Miami Page 36 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair Hardemon: Thank you very much. PH.5 RESOLUTION 1376 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Commissioners VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, and Mayor APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR OF THE CITY OF MIAMI'S ANTI-POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $20,000.00, TO MIAMI MUSIC PROJECT, INC, FOR MUSIC EDUCATION PROGRAMS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0598 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item PH.5, please see Items PH.1 and PH.4. PH.6 RESOLUTION 1378 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Commissioners VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, and Mayor APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR OF THE CITY OF MIAMI'S ANTI-POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $10,000.00, TO OMEGA POWER AND PRAISE MINISTRY, INC., FOR ELDERLY AND YOUTH PROGRAMS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0599 City of Miami Page 37 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item PH.6, please see Items PH.1 and PH.4. PH.7 RESOLUTION 1379 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Commissioners VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, and Mayor APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR OF THE CITY OF MIAMI'S ("CITY") ANTI-POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $10,000.00, TO MULTI- ETHNIC YOUTH GROUP ASSOCIATION, INC., FOR ECONOMIC AND SOCIAL DEVELOPMENT PROGRAMS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0600 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item PH.7, please see Items PH.1 and PH.4. City of Miami Page 38 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 PH.8RESOLUTION 1380 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Commissioners VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, and Mayor APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR OF THE CITY OF MIAMI'S ("CITY") ANTI-POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $10,000.00, HOUSE OF STYLE, INC., FOR FOOD ASSISTANCE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0601 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item PH.8, please see Comment Period for Regular Items, and Items PH.1 and PH.4. PH.9 RESOLUTION 1381 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Commissioners VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, and Mayor APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR OF THE CITY OF MIAMI'S ("CITY") ANTI-POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $10,000.00, TO EASTER SEALS SOUTH FLORIDA, INC., TO PROVIDE ASSISTANCE TO CITY RESIDENTS IN NEED OF RESPITE CARE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0602 City of Miami Page 39 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Comment Period for Regular Items,s PH.1 and PH.4. PH.10 RESOLUTION 1382 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Commissioners VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, and Mayor APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR OF THE CITY OF MIAMI'S ("CITY") ANTI-POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $10,000.00, TO YEAR UP, INC., FOR AN EDUCATIONAL PROGRAM TO ASSIST CITY RESIDENTS WITH ACCESS TO HIGHER EDUCATION AND PROFESSIONAL CAREERS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0603 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Comment Period for Regular Items,s PH.1 and PH.4. City of Miami Page 40 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 PH.11RESOLUTION 1377 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Commissioners VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, and Mayor APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDHARE OF THE CITY OF MIAMI'S ("CITY'S") ANTI-POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $10,000.00, TO COMMON THREADS INCORPORATED, TO PROVIDE COOKING EDUCATION PROGRAMS TO CITY RESIDENTS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0604 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Comment Period for Regular Items,s PH.1 and PH.4. END OF PUBLIC HEARINGS City of Miami Page 41 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 1041 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, Commissioners FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "POLICE/IN and Mayor GENERAL", MORE PARTICULARLY BY AMENDING SECTION 42- 8 OF SAID CITY CODE TO INCREASE THE ADMINISTRATIVE FEE ASSOCIATED WITH THE OFF-DUTY POLICE SERVICES PROGRAM; FURTHER DECLARING THE REVISED ADMINISTRATIVE FEE TO BE LEGAL AND VALID AND TO RATIFY, VALIDATE AND CONFIRM IN ALL RESPECTS THE ADMINISTRATIVE FEES IMPOSED PRIOR TO THE ADOPTION OF THIS ORDINANCE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13615 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Suarez NAYS: Carollo Chair Hardemon: Madam City Attorney, can you read into the record the second reading ordinance, SR.18 \[sic\]? Victoria Méndez (City Attorney): Is it SR.1? Chair Hardemon: I'm sorry. SR.1. Ms. Méndez: Thank you, Chairman. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gort: Move it. Chair Hardemon: It's been properly moved by Commissioner Gort; seconded by the Chair. Is there any discussion? Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Yes, thank you. I appreciate that Commissioner Gort has brought this forward. However, last time it was brought back, I mentioned that I didn't want to just focus on one of the issues with -- regarding to the audit findings on the off-duty; I want to focus on all the issues to make sure that we just don't forget about all the other findings; and therefore, I asked the Manager to bring a report City of Miami Page 42 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 back to this Commission regarding the other findings, to see where we are as far as actually completing the recommendations. Fernando Casamayor (Chief Financial Officer/Assistant City Manager): Commissioner, we have a discussion item later in the day that will address the off- duty police audit, as well as the towing audit. Commissioner Carollo: I understand, but there's no backup to those documents, so I was expecting a report to actually go and see what the, you know, the results are of the various findings, because there was more than one findings \[sic\]. Additionally, I administering the off-duty program, and are these estimated amounts in the increase sufficient, or how much do you foresee collecting from this additional fee?" Mr. Casamayor: We have an estimated amount for the cost -- actually, the actual direct expenses, plus the admin overhead that has to be attributed to this, plus wear and tear on vehicles, uniform, and other things. We can certainly share that with you. And the estimated cost increase will cover the deficit that we've been running for this year, plus all the deficits that have occurred in prior years. Commissioner Carollo: Well, that's -- we've had the discussion before. I mean -- by the way, I wasn't the Commissioner that asked for that information, so I don't know if the Commissioner that asked for that information received it or not, but we did it as a whole, as a Commission. I have not received that. And again, I understand there's going to be a discussion item on it, but there's no backup reporting on any of this. Chair Hardemon: Commissioner Gort, you have anything? Commissioner Gort: No. I think the Chief wanted to make a statement. Chair Hardemon: Chief. Rodolfo Llanes (Chief of Police): I'm able to answer any questions that you may have about the audit now or at the discussion item; however you all see fit to do that. Chair Hardemon: I mean, this item particularly is about the increase in the administrative fee -- Commissioner Gort: Right. Chief Llanes: Correct. Chair Hardemon: -- for the police officers. Is there any further objection to more discussion about this fee? Commissioner Carollo: But, Mr. Chairman, that came about from an audit of our Auditor General, and that audit report did not just have that issue; it had, I believe, six other issues. So I'm saying -- Chair Hardemon: No, I remember that. Commissioner Carollo: -- listen, I just don't want to focus on this one issue. I want to focus on the whole report and see the other issues. And at that time, the Administration and the Manager said that they will report back to us, as I requested. City of Miami Page 43 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair Hardemon: No, I understand that, but I don't quite remember the way you do, Commissioner, when you say that the -- that this piece of legislation came about from the audit. As I understood, the City wanted to increase the off-duty pay. Commissioner Gort: That's something that we discussed quite a bit, and we approve it during the negotiations. That's something that we approved. Chair Hardemon: Right. And then this piece of legislation had to be used -- understanding is, that's going to be addressed in a particular issues -- discussion item. It's going to be brought back, and hopefully, they'll have some of the information that we are requiring. Commissioner Carollo: And by the way, Chairman Hardemon, that's finding number 6, what we're doing right now, and that's why I appreciate Commissioner Gort bringing it forward. But that's finding number 6, what we're fixing right now, so that's why I'm saying that it did come about the audit. Chair Hardemon: Okay. Commissioner Carollo: But we are now addressing finding number 1, finding number 3 -- Chair Hardemon: We'll get there. Commissioner Carollo: -- finding number 5 -- Chair Hardemon: We'll get there. Commissioner Carollo: -- finding number 7. Commissioner Gort: We will. Commissioner Carollo: And listen -- Chair Hardemon: But remember, Commissioner, this is an ordinance, so ordinances have to be focused on one single issue when it -- with regard -- typically, with regard to whatever the laws that we're changing, and so, if we can just address that one, that'd be great. So, is there any further discussion on this item? Seeing none -- Unidentified Speaker: (UNINTELLIGIBLE) discussion, Chairman? Chair Hardemon: No. The public comment time has already ended on the items. Is there any further discussion? Hearing none, all in favor, say "aye." Commissioner Gort: Aye. Chair Hardemon: I'm sorry, sir. It's an ordinance. Commissioner Carollo: "No." And it's a roll call vote. Todd B. Hannon (City Clerk): Roll call on item SR.1. Vice Chair Russell? Vice Chair Russell: Yes. City of Miami Page 44 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Mr. Hannon: Commissioner Carollo? Commissioner Carollo: No. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Commissioner Gort? Commissioner Gort: Yes. Mr. Hannon: Chair Hardemon? Chair Hardemon: For. Mr. Hannon: The ordinance passes on second reading, 4-1. SR.2 ORDINANCE Second Reading 1181 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Commissioners AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS", MORE and Mayor PARTICULARLY BY AMENDING SECTION 55-10, ENTITLED "BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS", TO EXCLUDE THE USE OF THE PROCEDURE PROVIDED BY SECTION 55-10(I) TO CONSTRUCT ANY IMPROVEMENTS ON PRIVATE PROPERTY LOCATED WITHIN A NEIGHBORHOOD CONSERVATION DISTRICT PRIOR TO APPROVAL OF THE FINAL PLAT, AND IN THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13652 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing Item SR.2, please see Chair Hardemon: Madam City Attorney, can you read into the record SR.2? Victoria Méndez (City Attorney): Thank you, Chairman. The Ordinance was read by title into the public record by the City Attorney. Commissioner Suarez: Move it. Discussion. City of Miami Page 45 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Vice Chair Russell: Second. Chair Hardemon: It's been properly moved, and seconded by the Vice Chairman. You're recognized. Commissioner Suarez: Thank you, Mr. Chair. I just need more -- one amendment. Sometimes we enact legislation, and we don't see some potential unintended consequences. There may be one or more tentative approvals that are currently aggregating, actually making lots sizes larger, or combining lots through a property owner has obtained a tentative plat approval which does not diminish lot size or increase the number is lot splitting, which has created more density in the Grove, and I just -- I don't want something that is actually doing the opposite of that to get caught up in this legislation. From this point forward, however, anyone, whether they're combining or doing anything with the lots, will have to actually comply with the ordinance. Chair Hardemon: Does the seconder accept that modification? Vice Chair Russell: Yes, sir. Chair Hardemon: It's been modified. Is there any further discussion on the item? Hearing none, all in -- ordinance. Todd B. Hannon (City Clerk): Roll call on item SR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 5-0. Chair Hardemon: Thank you very much. Commissioner Suarez: Thank you. SR.3 ORDINANCE Second Reading 1173 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 6/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, Commissioners FLORIDA, AS AMENDED, ENTITLED "ANIMALS/DOGS", and Mayor PROVIDING FOR ADDITIONAL DEFINITIONS, AND ESTABLISHING A NEW SECTION 6-46, ENTITLED "SALE OR TRANSFER OF DOGS AND/OR CATS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item SR.3 was deferred to the March 9, 2017 Regular Commission Meeting. City of Miami Page 46 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 END OF SECOND READING ORDINANCES City of Miami Page 47 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 1101 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY Commissioners OF MIAMI, FLORIDA, AS AMENDED, ENTITLED and Mayor "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT", MORE PARTICULARLY BY MODIFYING SECTION 2-213, ENTITLED "PILOT PROGRAM FOR DISTRESSED DEVELOPMENT SITES", REACTIVATING THE PILOT PROGRAM FOR EXTENDING CERTAIN PREVIOUSLY APPROVED DEVELOPMENT ORDERS UNTIL A DATE CERTAIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez END OF FIRST READING ORDINANCES City of Miami Page 48 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 RE - RESOLUTIONS RE.1 RESOLUTION 1273 A RESOLUTION OF THE MIAMI CITY COMMISSION CHANGING THE CITY OF MIAMI DEPARTMENT OF COMMUNITY AND Department of ECONOMIC DEVELOPMENT'S FISCAL YEAR, FROM APRIL 1ST Community and THROUGH MARCH 31ST TO OCTOBER 1ST THROUGH Economic SEPTEMBER 30TH; AUTHORIZING THE CITY MANAGER TO Development EXECUTE ALL THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0605 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: groupings. Is there a motion to approve RE.1 through 5? Commissioner Suarez: So moved. Vice Chair Russell: Potential amendment, yes. Commissioner Suarez: So moved. Vice Chair Russell: Second. Chair Hardemon: All right. Vice Chairman, you're recognized. Todd B. Hannon (City Clerk): Chair, my apologies. That was RE.1 through RE (resolution) --? Chair Hardemon: 1 through 5. Commissioner Suarez: 5. Mr. Hannon: Okay. Chair Hardemon: Is there any further discussion on this? Any further discussion on The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Richard Kuper: Thank you. And I also want to thank the Department of Community Development, who's been fantastic. City of Miami Page 49 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Commissioner Gort: And who are you? Mr. Kuper: Mr. Mensah -- Commissioner Gort: Who are you? Mr. Kuper: -- and Mr. Duran have done a great job. Commissioner Gort: Who you are? Chair Hardemon: Can you state your name? Commissioner Gort: Who are you? Mr. Kuper: Oh, I'm sorry. My name is Richard Kuper, with law offices at 19 West Flagler Street, in downtown Miami, representing -- Commissioner Suarez: Don't mess with the executive director of the league, man. Come on. Don't mess with my guy. Come on. Mr. Kuper: Thank you, Commissioner Suarez. -- but representing Rok Enterprises; Sergio Rok in this particular case. We thank you all. Chair Hardemon: Thank you very much. RE.2 RESOLUTION 1319 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Department of EXECUTE AMENDMENT NO. 8 TO THE AGREEMENT WITH Community and FLAGLER FIRST CONDOMINIUMS, L.L.C., IN SUBSTANTIALLY Economic THE ATTACHED FORM, RELATING TO THE REDEVELOPMENT Development OF AN AFFORDABLE HOUSING CONDOMINIUM PROJECT KNOWN AS FLAGLER FIRST CONDOMINIUM LOCATED AT 101 EAST FLAGLER STREET, MIAMI, FLORIDA ("PROJECT") PROVIDING AN EXTENSION OF THE DEADLINE FOR THE SALE OF ALL THE PROJECT RESIDENTIAL CONDOMINIUM UNITS UNTIL JUNE 30, 2017; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO COMPLETE THE PROJECT TRANSACTION. ENACTMENT NUMBER: R-16-0606 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing Item RE.2, please see Item RE.1. City of Miami Page 50 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Vice Chair Russell: RE.2 -- actually, it's not an amendment; it's a question with regard to extending what we need to keep available these affordable units in our Central Business District. Can you help me understand why we're having trouble qualifying or finding someone that might purchase these, and what will we need to do to (UNINTELLIGIBLE)? Alfredo Duran (Deputy Director): Originally, the City -- Alfredo Duran, Department of Community Development. Originally, the City's contribution to this project was to encourage workforce housing into the downtown neighborhood, so our condition was basically that they sell the units at 95 percent of whatever the average condo price was at the time. However, the County provided them some HOME (Home Investment Partnership Program) dollars, which are of Federal nature. Those have an 80 percent or low-income criteria. They have had difficulty in getting HOME-eligible applicants in there. Right now, the last two units, which are sold -- and that's giving them a little bit more time to close them -- are HOME- eligible buyers, so there are -- as someone might have commented earlier today -- they were not completely correct -- there are low-income families living in this property; majority of them are not. They are workforce related. Vice Chair Russell: How many are left for sale that were extended? Mr. Duran: There are two, and they're already sold, contracted, and the buyers are in process of obtaining their financing. Vice Chair Russell: The extension will just allow them to finish that process? Mr. Duran: Allow them to close and not be in violation. Vice Chair Russell: Perfect. Thank you very much. RE.3 RESOLUTION 1353 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Office of EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE Community ATTACHED FORM, WITH CAMILLUS HOUSE, INC. TO Investment ESTABLISH THE CITY OLTER PROGRAM, INCLUDING THE PROVISION OF SEVENTY-FIVE (75) BEDS IN CAMILLUS HOUSE FACILITIES, FOR THE NIGHTLY USE OF HOMELESS INDIVIDUALS, ALONG WITH OTHER ASSOCIATED AND ACCOMPANYING HOMELESS SERVICES AND CASE MANAGEMENT, FOR A PERIOD OF ONE (1) YEAR, SUBJECT TO SAID BEDS BEING EXCLUSIVELY DESIGNATED F HOMELESS, AND AT A TOTAL COST OF $680,000.00, WITH CONDITIONS AS STATED HEREIN, PAYABLE IN TWELVE (12) MONTHLY INSTALLMENTS. ENACTMENT NUMBER: R-16-0607 City of Miami Page 51 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.3, please see Item RE.1. RE.4 RESOLUTION 1291 A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF Department of DISASTER DEBRIS REMOVAL MONITORING SERVICES FROM Solid Waste TETRA TECH, INC., FOR THE DEPARTMENT OF SOLID WASTE, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UTILIZING THE COMPETITIVELY SOLICITED AND EXISTING MIAMI-DADE COUNTY ("COUNTY") CONTRACT NO. RFP-00172, EFFECTIVE THROUGH DECEMBER 31, 2020, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE COUNTY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE END-USER DEPARTMENT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AMENDMENTS AND MODIFICATIONS TO THE SUPPLEMENTAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. ENACTMENT NUMBER: R-16-0608 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.4, please see Item RE.1. City of Miami Page 52 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 RE.5RESOLUTION 1264 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE Department of 16 COPS HIRING PROGR Police APPROPRIATING FUNDS CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE/OFFICE OF COMMUNITY ORIENTED POLICING SERVICES IN THE AMOUNT OF $1,875,000.00, WITH A REQUIRED LOCAL CASH MATCH OF $2,606,177.00, FOR A TOTAL AMOUNT OF $4,481,177.00; RATIFYING THE CITY MANAGE ACCEPTANCE OF THE GRANT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ADMINISTRATION OF SAID GRANT. ENACTMENT NUMBER: R-16-0609 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.5, please see Item RE.1. RE.6 RESOLUTION 1161 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED Department of JUNE 6, 2016, FROM VARIOUS TOWING AGENCIES AS Police IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 612382, FOR CITYWIDE TOWING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE TOWING/WRECKER AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE QUALIFIED RESPONSIVE AND RESPONSIBLE TOWING AGENCIES FOR SAID SERVICES, FOR AN INITIAL CONTRACT PERIOD OF FIVE (5) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL FIVE (5) YEAR PERIOD; FURTHER AUTHORIZING THE CITY MANAGER, IN ACCORDANCE WITH THE RFQ, THE ABILITY TO ADD QUALIFIED TOWING AGENCIES TO THE CONTRACT WHEN DEEMED IN THE BEST INTEREST OF THE CITY WITHOUT FURTHER CITY COMMISSION AUTHORIZATION; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND MODIFICATIONS TO THE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0569 City of Miami Page 53 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort NAYS: Carollo, Suarez Chair Hardemon: Is there a motion to approve RE.18? Commissioner Carollo: I'll make the motion. Vice Chair Russell: I'll second. Commissioner Gort: Well, wait a minute, wait a minute. Commissioner Suarez: Discussion. Chair Hardemon: You want to go back on the original order? No, I just thought that it might have been easy to get through RE.18, that's all, but I'll -- Commissioner Suarez: Discussion. Chair Hardemon: -- that's all -- that's the only reason I did it. Commissioner Gort. Commissioner Gort: I'd like to discuss -- bring up RE.6. Chair Hardemon: RE.6 is properly on the agenda next. We can call RE.6. RE.6. Commissioner Suarez: Mr. Chair, discussion on -- are we on 18 finally or no? Chair Hardemon: Excuse me? Commissioner Carollo: No, we're on RE.6. Chair Hardemon: We're going to do RE.6? Commissioner Suarez: Oh, oh. Chair Hardemon: We're going to do RE.6. Commissioner Gort: Move it. Chair Hardemon: It's been properly moved; seconded by the Chair. Is there any discussion? Commissioner Carollo: Yes. Chair Hardemon: You're recognized. Commissioner Carollo: First of all, usually we have a presentation when there's an item. Are we doing away with presentation from --? Chair Hardemon: That's -- that is not always necessary, to have a presentation. -- City of Miami Page 54 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair Hardemon: But if you'd like a presentation, we can have one. Commissioner Carollo: Well, I'd like to -- Commissioner Suarez: Why is the Chief making it? RE.6? Chair Hardemon: I'm not sure. Commissioner Suarez: This is RE.6. Chair Hardemon: He's talking about RE.6. Commissioner Suarez: Why are you making it? Rodolfo Llanes (Chief of Police): Want me to do it? Commissioner Suarez: It's the towing contract. Chair Hardemon: RE.6. Chief Llanes: It's a resolution of the Commission, with attachments, accepting proposals of a June 6 RFP (Request for Proposals) for towing, and for the City Manager to execute the towing and record requirements for the time specified, five years. Commissioner Suarez: Go ahead. You go first. Commissioner Carollo: Well, once again, before I vote on this item, I want to see exactly what the report regarding the audit findings are and the solutions. The findings had recommendations. Those recommendations were responded, that they were fixed by a certain amount of time. That certain amount of time has come and passed, so I wanted to see where we were, and I was expecting a report on it, and I still haven't received it. Commissioner Suarez: Mr. Chair. Chair Hardemon: You're recognized, Commissioner. Commissioner Suarez: You know, my issue with this is a little bit different. I don't have a problem with consolidating. You know, I know the industry has constantly complained that they're not making enough revenue, and, you know, the Chief and his department have done a good job of cracking down on pirate towers, and I think even officers that have been involved in things that -- they've been dismissed, so I -- and I believe maybe other agencies were investigating that, as well. I just -- to me, this -- and it's always felt this way to me. It smacks of trying to push out the little guy, and, you know, I just have an issue with that. And I think -- I thought the industry days that we were supposed to have were meant to reconcile some of those issues, not just to necessarily make this a revenue-generator for the City, so I'm just not satisfied that that's ever happened, and that's why I can't support it, personally. I mean, I tried to defer it longer, and I respect Commissioner Gort's desire (UNINTELLIGIBLE) -- Commissioner Gort: Mr. Chairman. City of Miami Page 55 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair Hardemon: I'll allow him. Let Commissioner Suarez finish. Commissioner Suarez: Yeah. I just want to say that I respect the Commissioner's desire to have it on this agenda versus a later one. I haven't had a chance to meet with the individual people in this time frame, because of all the holiday celebrations, Thanksgiving, et cetera, but I'm just not comfortable with it. I'm not -- you know, so I can't support it. Chair Hardemon: You're recognized, sir. Commissioner Gort: My understanding -- and you need to understand it -- all five of the one who was selected are in my district. My understanding, everybody that apply for it within my district; and you can find, that three out of those five, they're small I'm supporting this. One of the things we looked about -- we do -- we go out with RFP or RFQ (Request for Qualifications), whatever you want to call them, and then, because somebody did not get selected, then they'll try to find excuses why not to be heard, and I think we've been going through this for two years now. They've had all kinds of opportunity to get together to talk about it and discuss it, and that's the reason why I move it. Commissioner Suarez: I understand. Chair Hardemon: Is there any further discussion? Hearing none, all in favor, say "aye." Chair Hardemon: All against? Commissioner Carollo: No. Chair Hardemon: Motion passes. Todd B. Hannon (City Clerk): And for the record, it passes 3-2. City of Miami Page 56 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 RE.7RESOLUTION 1243 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Department of Real EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE Estate and Asset ATTACHED FORM, BETWEEN THE CITY OF MIAMI, MIAMI-DADE Management COUNTY AND BETTER WAY OF MIAMI, INC., A FLORIDA NOT FOR PROFIT CORPORATION, PURSUANT TO AN EXEMPTION GRANTED UNDER SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE USE OF THE PROPERTY LOCATED AT 800, 810 AND 820 NORTHWEST 28TH STREET, MIAMI, FLORIDA, FOR AN INITIAL TERM OF FIFTEEN (15) YEARS WITH TWO (2) ADDITIONAL FIVE (5) YEAR OPTIONS FOR THE PROVISION OF TRANSITIONAL RENTAL HOUSING FOR VERY LOW INCOME INDIVIDUALS AND HOMELESS FAMILIES. ENACTMENT NUMBER: R-16-0610 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing Item RE.7, please see Chair Hardemon: Okay. Commissioner Suarez: Mr. Chair, do you want me to do the next bulk? Chair Hardemon: That'd be nice. Commissioner Suarez: Okay. Move RE.7, 10, 11, 12, 13, 14, 15, 16 -- Commissioner Gort: How 'bout 6? Commissioner Suarez: -- and 17. Vice Chair Russell: I'm confused. Commissioner Suarez: 7, 10, 11, 12, 13, 14, 15, 16, and 17. Commissioner Gort: Second. Todd B. Hannon (City Clerk): Sorry. Can we go through that list one more time? Commissioner Suarez: 7, 10 through 17. Chair Hardemon: All right, that's been properly moved and seconded. Commissioner Suarez: One quick piece of discussion. Chair Hardemon: You're recognized for discussion. City of Miami Page 57 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Commissioner Suarez: I'd just like the record to reflect that I'd like to be the cosponsor on number 10, RE.10. Mr. Hannon: Chair, it's my understanding that RE.15 needs to be amended on the floor. Chair Hardemon: Well, the only problem with RE.15, also, they ask for a -- Commissioner Carollo: Time certain. Chair Hardemon: -- time certain at 2:30, so we have to remove 15 now. Commissioner Suarez: All right, so I -- obviously excluding RE.15, because that's time certain. So it'll be 7, 10 through 14, 16 and 17. Chair Hardemon: Is there any further discussion? Vice Chair Russell: Yes, Mr. Chair. Chair Hardemon: You're recognized, sir. Vice Chair Russell: On RE.7, I just wanted to thank Commissioner Gort. I was not as familiar with Betterway until this week. And having a visit from their management, I'm fully in support of giving them as many opportunities as we can. Transitional housing is having a rough time with regard to the changes at the Federal level and policy. And any opportunities we can give them are very welcomed, and I'll be working with them, in my district as well, to try to find new opportunities for Betterway. The psychological and the drug abuse issues within the homeless population is one of the biggest problems, and so it's -- I'm very glad to vote for this. Chair Hardemon: Any further discussion? Hearing none, all in favor of the motion, The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Well, RE.7 passes, RE.10 passes, 11, 12, 13, 14, 16, and 17. City of Miami Page 58 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 RE.8RESOLUTION 1292 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING ECOMMENDATION APPROVING THE Department of Real FINDINGS OF THE SELECTION COMMITTEE THAT LANCELOT Estate and Asset MIAMI RIVER, LLC, AN AFFILIATE OF THE ADLER GROUP Management TOP RANKED PROPOSER FOR BOTH OFFERING MEMORANDUM NO. 15-16-008 FOR THE LEASE/SALE OF THE CI") MIAMI RIVERSIDE CENTER AND REQUEST FOR PROPOSALS ("RFP") NO. 15-16-009 FOR THE DEVELOPMENT OF A NEW CITY ADMINISTRATIVE FACILITY; AUTHORIZING THE CITY MANAGER TO FINALIZE NEGOTIATIONS WITH THE PROPOSER AND FINALIZE THE NECESSARY AGREEMENTS FOR THE LEASE/SALE OF THE MIAMI RIVERSIDE CENTER AND DEVELOPMENT OF A NEW CITY ADMINISTRATIVE FACILITY, WHICH AGREEMENTS SHALL BE SUBJECT TO THE LEGAL REVIEW OF THE CITY ATTORNEY AND PRESENTED TO THE CITY COMMISSION FOR FINAL CONSIDERATION, REVIEW AND APPROVAL, ALL OF WHICH ARE TO OCCUR PRIOR TO ANY EXECUTION; FURTHER PROVIDING THAT THE SELECTION DOES NOT CONSTITUTE AN AWARD OF EITHER THE OFFERING MEMORANDUM OR REQUEST FOR PROPOSALS, OR CONFER ANY CONTRACTUAL OR PROPERTY RIGHTS UPON THE PROPOSER UNLESS AND UNTIL THE APPLICABLE AGREEMENTS ARE APPROVED BY THE CITY COMMISSION AND THE ELECTORATE HAS CAST A FAVORABLE VOTE APPROVING THE LEASE/SALE OF THE MIAMI RIVERSIDE CENTER, AS REQUIRED BY SECTIONS 29-B AND 3(F)(III) OF THE CHARTER OF THE CITY OF MIAMI, AND ALL APPLICABLE LAWS HAVE BEEN FOLLOWED AS TO THE AWARD OF THE RFP. ENACTMENT NUMBER: R-16-0611 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Suarez NAYS: Carollo Direction by Commissioner Suarez to the City Manager to immediately issue an RFP similar to RFP 15-16-009 that will allow the City to build a new police station. Direction by Vice Chair Russell to the City Manager to provide more direct briefings to the Commissioners with regard to major RFPs as they are being crafted in their early stages. Chair Hardemon: RE.8. Daniel Rotenberg: Good morning, Commissioners. Daniel Rotenberg, director of the Department of Real Estate & Asset Management. RE.8 is the MRC, Miami City of Miami Page 59 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Riverside Center, the City administrative offices. This was the result of an offering memorandum and an RFP (Request for Proposals). This is giving permission to the City Administration to continue to negotiate with the winning bidder, if approved. Vice Chair Russell: I'll move it. Commissioner Suarez: Move it. Chair Hardemon: It's been properly moved -- Commissioner Suarez: Second. Discussion. Chair Hardemon: -- by the Vice Chairman; seconded by Commissioner Suarez. Commissioner Suarez: Discussion. Chair Hardemon: Discussion. Commissioner Suarez, you're recognized. Commissioner Suarez: Yeah. I mean, I said this in the briefings, and I'll just say it again. I think -- and I would request that this be a direction to the Administration. You know, I don't have a problem with the sale. I don't have a problem with deciding that our MRC's inadequate. I've been there. I've been to all the floors. There's definitely a lot of issues there. There's not -- no doubt, so I don't have an issue with that. I wish we would have had a little more flexibility in terms of the transaction, in terms of the RFP. What is a critical need right now is a police department. That is a critical, critical need. And some of the things that are discussion items on this agenda are discussion items, in part, because, for whatever reason, the City has ignored or decided not to build a new police station. So I would direct the Administration to immediately issue a similar RFP for the police station, because we need to build a police station, even more desperately than we need an Administration building. Commissioner Gort: Mr. Chairman. Commissioner Suarez: So I support this item, because I do think now is sort of the top of the market. If we're going to sell something -- you know, an asset like this, it's not a bad time to do it. Again, I wish we would have had a little bit more flexibility and latitude so we could use the money to do what I think is the critical need, but I don't think we're that far behind if we issue the RFP today. We may be six, seven, eight months behind. You know, I don't know how long this process took, but that's sort of my comments on this issue. Chair Hardemon: Commissioner Gort. Commissioner Gort: You know, that's a good suggestion. I mean, we cannot only do it with the building; we have a lot of land, and we own a lot of property that we bought at very low cost. I don't know if you guys remember; we paid $18 million for that property; and people thought it was crazy, paying $18 million when we did, but maybe -- I can assure you, with everything that's taking place in downtown and with that area, that police station has got a high value, also, so maybe something similar can be done, also. Vice Chair Russell: Mr. Chair? Commissioner Gort: Good idea. Yes. Chair Hardemon: You're recognized, Vice Chairman. City of Miami Page 60 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Vice Chair Russell: Thank you. I'm in support of what they both said, but I'd like to take it even a step further from what Commissioner Suarez said. Rather than wishing we had a little more flexibility, I'd really like to direct the management to include us with more direct briefings with regard to major RFPs at the earlier stages, when they're being crafted. What we're now doing with Virginia Key Marina on one of the next items is actually really good process, and I know it takes a little longer, but it is more public, and it is more thorough, and new ideas come about. I've only -- finally met with parties involved with the MRC transaction that they'll be negotiating with, and it can be a very good idea and a good transaction. Something, though, I'd like to have them consider and have our management include in their negotiations is an inclusionary affordability within the MRC property. I know there is an affordable component potentially to the redevelopment of our Administration building in its new location, but I'd also like us to start setting the example of inclusionary zoning, and even though it may not be done on a zoning basis, in practice, we can do that whenever we have the chance, and this is a good opportunity for that, and we have a developer who's actually doing that in their Douglas Road development, the Douglas Road Station, where there will be inclusionary. That's a County project where they've got, I believe, a couple hundred units of workforce housing going in there, so that's something I'd like to ask the management to consider seriously when going forward with their negotiation. And I would like us to be, as a Commission, very much involved in major RFPs like this, like the stadium, like the marina, as they go forward, early on, so that we can be involved with the crafting, so that when it does finally come to us, it is a rubber stamp, because we've been involved at the beginning. Commissioner Suarez: Mr. Chair. Chair Hardemon: You're recognized. Commissioner Suarez: Yeah, I totally -- Commissioner Gort: Good idea. Commissioner Suarez: -- echo those comments. I've been saying it for years, and you either take the pain upfront or you take it on the back end. I think in this particular case, however of the Police Department, I think we should issue it immediately, because I think it's an emergency. I think, given some of the issues that are on this agenda and that we've seen happening, we need to address this issue immediately, and it hasn't happened for decades, and it's got to be one of the oldest buildings in our stock; certainly one of the most -- one of the oldest buildings doing one of the most critical functions, so, you know -- and I think it's a health hazard. I mean, there's a bunch of things. I can go on and on about it, but I think we need to issue that one immediately. Chair Hardemon: Any further discussion? Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I agree with addressing the issue of the police headquarters. I agree with the issue that the Vice Chairman mentioned with regards to us being part of the process earlier on. As a matter of fact, I think we have had long discussions and -- Commissioner Suarez: We have. City of Miami Page 61 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Commissioner Carollo: -- I've directed the management in the past -- Commissioner Suarez: We have. Commissioner Carollo: -- to have us involved in the beginning, and that's gone to each one of the members stated the City should be getting a better return for this property, and at the same time, they've -- they recommended that we should hire professional counsels to negotiate this deal, due to the complexity. I could tell you, I'm not going to be voting in favor of this. Chair Hardemon: Okay. Any further -- Vice Chair Russell: I'm sorry; I didn't hear you, the last statement. Commissioner Suarez: He said he's not supporting it. Chair Hardemon: He's not -- Commissioner Carollo: One of the recommendations -- as a matter of fact -- Vice Chair Russell: The recommendation I heard, but you said you're not in support. Would you be in -- Commissioner Carollo: I'm not supporting this. Vice Chair Russell: -- of going forward with (UNINTELLIGIBLE)? Commissioner Carollo: No. Vice Chair Russell: I'm very much in agreement with you in terms of getting outside counsel, though. Commissioner Suarez: I don't have a problem with that either, by the way. Commissioner Carollo: Well, I'm telling you, the -- it was recommended by the committee completion of the applicable agreement in light of the specialized nature of this Vice Chair Russell: Chair, would you like (UNINTELLIGIBLE) -- Commissioner Suarez: I don't have a problem with that. Vice Chair Russell: -- for that, then? Commissioner Suarez: I don't have a problem with that either. Commissioner Carollo: And then I'll give you the other one. Hold on. Commissioner Suarez: Subject to the Administration's, obvious -- you know. City of Miami Page 62 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Vice Chair Russell: Mr. Chair, do you need a formal motion for these directions to management? Chair Hardemon: Yes, because right now, we have a motion on the floor to accept RE.8 the way it is, so you would include -- you would basically amend the motion to include direction to have counsel -- outside counsel. And what was the other one? Vice Chair Russell: The other one was to include in-depth briefings in public process with regard to major RFP issuance. Chair Hardemon: Well -- Commissioner Suarez: Yeah, but -- Chair Hardemon: -- that's -- Vice Chair Russell: That's a separate issue (UNINTELLIGIBLE). Commissioner Suarez: I would (UNINTELLIGIBLE). Commissioner Carollo: Yes. And that's why I mentioned that I was in favor of it, but that I would end up voting, but I want to specify that. I'm in favor of what you said. Vice Chair Russell: Yeah. Commissioner Carollo: I just -- if you include it in this, I won't vote in favor. Vice Chair Russell: Okay. Oh, I understand what you're saying then. Commissioner Carollo: Yes. Vice Chair Russell: So that would be a separate direction -- Commissioner Carollo: Yes. Vice Chair Russell: -- perhaps, right after we conclude this motion. Commissioner Carollo: Sure. Commissioner Suarez: You can include this in -- you're talking about those two things that can be included in your motion. Vice Chair Russell: That's what I was -- Commissioner Suarez: Those two things. Victoria Méndez (City Attorney): I have a question, though, about outside counsel. You want outside counsel to handle this? Commissioner Gort: Shouldn't it be an expert in real estate? Commissioner Suarez: Wait, wait. It's outside counsel, with the direction of the Administration. Yeah, I don't have a problem with that. I don't have a problem with that. Commissioner Carollo: I'm going by what the committee recommended. City of Miami Page 63 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair Hardemon: Yeah. Ms. Méndez: Right. Commissioner Carollo: When they were actually there receiving all the information, going through all the information, some of these recommendations cannot be overlooked. I mean, they clearly said that the City should be getting a much better financial return. They stated that, you know, due to the complexity -- and I read word for word what they wrote -- we should be getting counsel to do the negotiations, because this is so specialized. These agreements are so specialized and so forth. So I'm -- Ms. Méndez: Right. Commissioner Carollo: Again -- Ms. Méndez: If you -- Chair Hardemon: Before you -- Ms. Méndez: -- so choose to get outside counsel, that is fine; however, I don't think there is a need for outside counsel at all. Chair Hardemon: So, look, let's -- Commissioner Suarez: I do. Chair Hardemon: -- be very clear, right? So the recommended board is a number of individuals -- I think it's five; am I correct? Five? And then there's a recommendation from those five -- or some of those five that there's -- that we get outside counsel, because this negotiation apparently is so specialized that we don't have anyone within the City department that can handle it. So right now, the amendment that is being proposed by the Vice Chairman -- Who -- wait. Who's the mover and the seconder? Commissioner Suarez: I'm the seconder. Todd B. Hannon (City Clerk): So with a seconder by Commissioner Suarez. Chair Hardemon: So the amendment would be to have the City hire outside counsel to negotiate the deal. And as I understand, the Administration is typically the ones who actually do the negotiating and who find a better deal for the City, which I think would be the goal of this -- the Administration in the first place; to find a better deal. So, you know, let's be clear about the issue that we have here now. You're saying that instead of having the City, with the assistance of the City Attorney's Office, negotiate the deal, you want someone outside of the City to negotiate a deal. You have a recommendation of who that person should be? Commissioner Suarez: Let me just be clear. Vice Chair Russell: That would be up to -- Commissioner Suarez: Let me just be clear. Can I -- May I, Mr. Chair? Chair Hardemon: But -- and I'm -- the reason I'm saying this is because if you're -- I just think that maybe it would be something that the City Administration, City of Miami Page 64 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 the City Attorney's Office should be able to determine whether or not this deal is too complicated for them to handle. I think -- Commissioner Suarez: Mr. Chairman. Chair Hardemon: -- that would be a smart attorney, no matter if they're the City Attorney or not, would know whether or not they can handle what's before them or not. You're recognized, sir. Commissioner Suarez: Yeah. I totally agree that we should have an outside counsel help us negotiate the deal. That doesn't mean the City's not involved. The City actually is the client of the outside counsel. So I just think it brings onboard a person with a legal sophistication in transactional matters, which I can tell you is not there, and I say, respectfully, to the City Attorney. It's something that I've harped on over many years and many deals and many things, so I have no issue with that whatsoever. The second part of it is fine, too, because the second part is just saying, either. So I don't see how that changes the substance of what we're doing. I just think it actually helps the City Attorney's Office, insofar as -- you know, I've been harping for a while about having a real estate practitioner -- a dedicated real estate practitioner. There isn't one in the office, and I think that this is a complicated deal. This is not a simple deal, you know. Doing a -- essentially, a sale with a lease back of this magnitude and some other potential wrinkles to it is not a simple real estate transactional deal. Chair Hardemon: Commissioner Gort. Commissioner Gort: No, I understand. My question is, does it have to be a lawyer, or could it be someone who's very -- Commissioner Suarez: A lawyer. Commissioner Gort: -- (UNINTELLIGIBLE) in the business? Commissioner Suarez: Absolutely. Vice Chair Russell: Real estate attorney. Commissioner Gort: A real estate (UNINTELLIGIBLE). Commissioner Carollo: Mr. Chairman. Chair Hardemon: And part of my struggle with it is typically, -- well, I don't want to say "typically." The Administration is typically -- I can say it that way -- the person that negotiates deals for us, and we usually use our lawyers to -- Commissioner Suarez: Correct. Chair Hardemon: -- submit that deal or to memorialize it, and so what I'm seeing is a move away from that. You're going to have someone -- you're going to invest the authority in a person. Commissioner Suarez: No. Chair Hardemon: You said, to invest the authority into a person -- Vice Chair Russell: I'll clarify. City of Miami Page 65 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair Hardemon: -- to negotiate and memorialize the deal. Want to clarify it? Vice Chair Russell: I would clarify. The Administration -- in my intention of the amendment, the Administration would continue with the negotiation, as traditionally is done. Their legal assistance will not -- will be third-party counsel, which is chosen by -- Commissioner Suarez: Absolutely. Vice Chair Russell: -- our City Attorney. She has that authority. It is not a statement as to her competence -- Commissioner Suarez: No. Vice Chair Russell: -- or sophistication. We have a lot to do with a very large Legal Department going on in the City. We recognize that the other side of this negotiation -- Commissioner Suarez: Of course. Vice Chair Russell: -- with very good and strong attorneys, and it will cost us extra to hire outside counsel to do so, but the cost would be much greater to make a mistake just because we missed something. There's a -- this is quite a complicated deal. It's not a simple land transaction, selling one property. This is also -- this is two RFPs. This is the building of our other building. So that's why I would like to seek third-party counsel to assist with this. Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: Yeah, and just to piggyback on that, I mean, we don't do 70 million, $80 million deals every day. I mean, these -- we don't sell assets of this magnitude every single day. These are -- this is -- in fact, in seven years that I've been here, I'm not so sure that we sold one asset at this level. So to have someone who does this for a living, that's all they do, versus a -- City Attorney's Office, again, great lawyers, very competent, all that stuff, but this is not what they do every single day at this level. That's my stern recommendation, as well. Chair Hardemon: Is there any further discussion with the motion that's on the floor? Commissioner Carollo: Real quick, Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you. And I appreciate from my colleagues the amendments on some of the issues that I brought up. I still would be voting against this. Thank you. Vice Chair Russell: To clarify then, the outside counsel get the best deal; and the affordable inclusionary, are we in agreement that that can be included in the negotiation? because that's the one thing, you know, I wanted to do -- trust me, I wanted to take City of Miami Page 66 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 this in a whole different direction myself and use the money to build a police station, but you have to do things within -- you know, like we had to do with -- Vice Chair Russell: Yes. Commissioner Suarez: There has -- there are some limitations on what we can do. So as long as it's within the fabric of the legal limits of the RFP, I'm okay with that. Vice Chair Russell: Agreed. Mr. Hannon: And, Chair, so my understanding, is the legislation's now being amended. Vice Chair Russell -- Ms. Méndez: Before -- Commissioner Suarez: I'll accept. Ms. Méndez: Just -- I understand what everyone wants. I just want you to understand, the last time we did one of our complicated deals that the office handled was the Bayside issue. We pretty much worked about five weeks around the clock. -- 500 hours on a matter times $500 for whatever specialty you think you need in real estate, easily $250,000 for you to ponder. I think that I have the expertise in house. What I did with the Bayside deal is have somebody else review it after, just to have that second set of eyes, which I'm - - I would be happy to do, as well, but just note, negotiating a deal, plus drafting all the documents, easily that many hours. Thank you. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. And I think everybody here can attest that I'm always very fiscally conscience \[sic\] with regards to our spending. However, when you have CBRE (Coldwell Banker Richard Ellis) recommending that, when you have the committee that looked at all this recommending that -- And quite frankly, I'll be honest with you. And I've said this since I was Commissioner, and even before. I'm sick and tired of the City getting ripped off, and it's always with waterfront property. It's always with waterfront property. So, you know -- Ms. Méndez: And CBRE obviously wants to hire people that they're -- you know, work well with, or what have you, so just listening to what CBRE wants to do isn't always the best decision, but that's fine. Commissioner Carollo: No, and I'm not saying it is. I'm just saying is, we hired CBRE. So if we shouldn't be listening to them, then maybe we shouldn't be hiring them, so -- Ms. Méndez: Not for legal matters, is what I'm saying. They're not attorneys. Commissioner Carollo: -- you know. So -- And again, Madam City Attorney, this is nothing against your office. All I'm saying -- and I'm leaving it very general -- I am sick and tired of the City of Miami getting ripped off and doing sweetheart deals, or whatever, and I'm not saying this is a sweetheart deal. What I'm saying is, I'm just sick and tired of the City of Miami getting ripped off and finding out, you know, a little later on, a few years later, you know, with waterfront property. City of Miami Page 67 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair Hardemon: Right. So as I understand, this board is who approves the agreements that come before it. The City Administration is the one that goes and does the negotiation. When the City Commission is not happy with what has been negotiated, we have a right to deny it. And so, I just want to remind everyone that we have that authority. And although I appreciate the complexity of this deal, I respect the fact that my City Attorney believes that she has the expertise within her office to handle such a deal, and I believe that if we did it in the way that she proposed doing it just earlier that we would be the most fiscal -- that would provide us, one, the attention that we need from other attorneys on the matter, if she deems it necessary -- the fresh eyes, as she put it -- and then also save us money in doing it. I don't think that it is so complicated that it would require some expertise of an attorney who specializes in the sale of hundred-million-dollar buildings every single day, which I don't think happens every single day, but that's neither here nor there. Is there any further discussion on the item? Seeing none -- Mr. Hannon: This is with the amendment. Mover and the seconder both accepted the amendment. Chair Hardemon: That is correct. All in favor, say "aye." Vice Chair R Chair Hardemon: All against? Commissioner Carollo: No. Chair Hardemon: No. Mr. Hannon: Motion passes, 3-2. Chair Hardemon: Motion passes, yeah. Vice Chair Russell: Your amendment. -- instead of spending that much money in attorneys and spending all that time, let our people do it, and then have an attorney with the expertise to check the documentation prepared by our people. Chair Hardemon: Wait. So what was your vote, Commissioner? Vice Chair Russell: It was "no." Commissioner Gort: It was "no." Chair Hardemon: It was "no." The motion fails. Mr. Hannon: My apologies. Then motion fails, 3-2. Commissioner Gort: Let's make another motion. Chair Hardemon: Is there another motion that's to be made? Commissioner Gort: The motion is to approve it -- Chair Hardemon: Motion to approve -- City of Miami Page 68 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Commissioner Gort: -- subject to the negotiation being done with the City, after they finish same time. It's important, after they put a document together, what they think is the best plan they have put together, then we can hire the individual that can come and check that and make sure that we did get the best deal. Chair Hardemon: The motion is to approve RE.8; seconded by the Chair. Mr. Hannon: It is correct. Chair Hardemon: Correct. Commissioner Gort: With that amendment. Vice Chair Russell: "Without" amendment. Commissioner Gort: With that one, the one I'm proposing. Commissioner Suarez: Mr. Chair. Chair Hardemon: The motion is to approve RE.8, but it's basically built in, the way that the Commissioner described, that they come back before the Commission; we have an opportunity to discuss the item, come up with recommendations. Yes. Commissioner Gort: Well, my understanding, we also want to give input in what to be done and how to build the deal. I mean, a lot of times we can have the new Administration building, but at the same time, if we got the right place, you can also have affordable housing in top of it, and you can do the combination. A lot of things that can be done. What I'm saying is, let the City negotiate, and then at the end, the document, not only us; it should be approved by a consultant, but the consultant will not have to spend that much hours working on the deal itself. Chair Hardemon: Mr. Rotenberg. Daniel Rotenberg (Director/Department of Real Estate & Asset Management): If I can be recognized. I think what we can do is go through negotiations with the City Attorney and have a peer review at the way end -- to have an expert in these type of negotiations come in and aid the City Attorney. I think the statement that the dollar amount would be very high is true, and I think we would get the same form of service at the end of the day, after the documents are done, just by having a peer review. Chair Hardemon: Mr. Rotenberg, that's exactly what Commissioner Gort just said. Mr. Rotenberg: I know. Commissioner Suarez: Mr. Chair. Chair Hardemon: Thank you very much. It's been moved and seconded, Commissioner Gort. Commissioner Suarez: Mr. Chair. Chair Hardemon: You're recognized, Commissioner Suarez. Mr. Hannon: Who seconded it? City of Miami Page 69 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair Hardemon: The Chair. Commissioner Suarez: Mr. Chair? Chair Hardemon: Yes. Commissioner Suarez: So -- I don't want to belabor the discussion. I -- you know, you guys are putting me a little bit in a tough place, because I do think we need to bring somebody in to do this; I really do. I don't think we should lose this opportunity, because I don't think you make a decision of this magnitude, of an opportunity of this magnitude, and get caught up on an issue like this. But I do think, you know, $250,000 sounds like a lot of money, but it pales in comparison with the size of the transaction. Vice Chair Russell: Cost of the mistake. Commissioner Suarez: And by the way, I happen to be a real estate lawyer, so I know the value of having a dedicated real estate lawyer on a real estate transaction. Sometimes that real estate lawyer cost you $250,000, but instead of getting 70 million, you get 75 million or you get 80 million, or you get whatever. And so, the million in the transaction. So, you know, there is not one, there is not one fully dedicated real estate lawyer in the City Attorney's Office; there is not. There are lawyers that are probably more experts in bond work that have done real estate transactions in the City Attorney's Office. There are -- everyone there is sort of -- does everything, and they do a great job of everything that they do, you know, and they work together and they help each other, but you have appellate lawyers that do real estate transactions. You have, you know, bond lawyers that do -- I had to -- you know, I've been harping on this issue with the City Attorney for a long time. I'm surprised, to be completely frank, that she's digging in on this issue. I'm really surprised, given some of the history of some of the issues that we've had in this Commission with real estate transactions -- Ms. Méndez: But we're not involved -- Commissioner Suarez: -- which have created a tremendous amount -- Ms. Méndez: -- in the negotiations. Commissioner Suarez: -- of controversy, and you know, I just -- I'm just -- I don't know. I mean, I don't want to, again, throw out the baby with the bath water on a transaction of this magnitude, because I don't get my way on an issue that I think is important, but, you know, I'm going to be scrutinizing the transaction as it comes back to us, and I think it's a mistake not to proceed with outside counsel. Ms. Méndez: I just wanted to clarify that the City Attorney's Office is never involved in the negotiations. If you want to get a consultant that all they do is real estate negotiations, by all means. Commissioner Suarez: There are -- Ms. Méndez: But it's very different from drafting a document that your client gives you with business terms. Commissioner Suarez: That's very well -- City of Miami Page 70 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Ms. Méndez: And I just want to clarify that. Commissioner Suarez: -- spoken by a non-real estate lawyer; very well said. Ms. Méndez: Well, unfortunately -- Commissioner Suarez: Because -- Ms. Méndez: -- we are never involved in the negotiations with regard to terms. Commissioner Suarez: Well, you should be, you should be, because there's a -- Ms. Méndez: I agree. Commissioner Suarez: -- variety of terms that are not necessarily economic in nature. For example, we've done a million leases, and we never get -- we didn't put, until recently, in any of our leases, in any of our leases -- even though that's the commercial standard in leases -- that when there is a transfer of the lease that the City gets a percentage of that money. Commissioner Carollo: A fee. Commissioner Suarez: That is standard real estate 101 commercial practice. It hasn't happened in the City. There is a transfer -- either it's coming or it's already happened -- with Flagstone -- I think it already happened -- where the City got something because of the negotiations of the parties, but not because it was in the lease. Chair Hardemon: But I will say, though, when I think about that, the signing of lease agreements, and even when we've been transferring the rights to develop properties, et cetera, in my negotiations, I've brought up the fact that we should, one, have the authority to decide whether or not that it should be transferred, and it shouldn't be freely transferred without some sort of fee or without our approval, but, you know, it's up to us to agree on those business terms, and many times the City Commission, for one reason or another, doesn't agree on those business terms. So, you know, the motion is on the floor; there is a second. We have more discussion, without belaboring the point. Commissioner -- Vice Chairman. Vice Chair Russell: Thank you, Mr. Chair. I agree complete \[sic\] with Commissioner Suarez. Maybe there -- before I come up with a potential solution, I would like to say that I'm a layman. I'm not an attorney. Yet, I have caught mistakes within some of my briefings on legal documents with regard to real estate, where , we didn't potential mistake. There's an item on this agenda that I'm deferring today, because there was a drafting error which completely negated the intention of my legislation. This was a mistake. There was miscommunication. Things happen. An extra set of eyes would not hurt. Now, perhaps, the solution is not fully handing it over to a third-party attorney, but involving a real estate specialist attorney at the disposal of independent set of eyes that is a specialist; that we are bringing our "A" game when negotiating with absolute professionals in the real estate world. Commissioner Carollo: Mr. Chairman -- Chair Hardemon: (UNINTELLIGIBLE). City of Miami Page 71 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Commissioner Carollo: -- just a follow-up to what the Vice Chair said. Chair Hardemon: Go ahead. Commissioner Carollo: And how long -- how much time did you have to review those documents that you found errors in? Vice Chair Russell: Very little, but I found them. Commissioner Carollo: Exactly. But again -- and very little, so we weren't part of the process or we weren't -- you know. So was that the only issue that you were dealing with? Vice Chair Russell: No. Commissioner Carollo: No. There's other issues, so. Vice Chair Russell: And they're dealing with a lot, too, so that -- this is about sharing the load. It's not about -- and bringing in specialists when specialists are Chair Hardemon: And I would say -- I think that's what the motion is on the floor right now; to allow the City Attorney's Office and the City Administration to do that, and then bring in an expert, as deemed proper and necessary, to assist them with the matter. And I will say, look -- it was not a real estate matter, but we hired a firm to work on our Pottinger stuff; same firm that worked on the Pottinger before. And when the Pottinger item came before me, and I'm sitting in my briefing, I mentioned a reference in the Pottinger document that all these high-priced attorneys had already gone over 50 million times, and they looked at me with disdain, almost insulting enough to say, how could I dare question them? But then when I actually took the read -- what was there, they realized that they did make a mistake, and that there was a reference in the Pottinger document that was incorrect and that would have effect on the document itself. So everybody makes mistakes. It's just that some be wrong. Commissioner Suarez: Mr. Chair. Chair Hardemon: And because -- especially, when you're talking about a high- priced attorney, because many times they're not drafting their own documents; someone who's at a lower pay than them are drafting the documents, so -- Commissioner Suarez: Mr. Chair. Chair Hardemon: -- I just wanted to add that in there. Yes. Commissioner Suarez: I agree; everyone makes mistake. Whether you're an expert or not an expert, I think mistakes can happen, regardless. I think the difference is you bring someone in with experience that understands the way these transactions are being done on a regular, every-single-day basis, and you get a tremendous benefit from that. You know, I've seen estoppel letters drafted like bond disclosure documents. You know what I mean? I don't really want to get into all the nitty-gritty of all the issues I've had on real estate issues. I think it's a good recommendation. I think it's one that we should heed. If we don't heed it, I'm not going to vote against it just because of that. It's just -- magnitude on that one issue, but I think it's a very important thing in terms of what City of Miami Page 72 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 I've seen. You know, we should have hired someone that is a real estate practitioner and professional; we wouldn't be in this situation, and I've been urging that also. Vice Chair Russell: Mr. Chair, did you say that this, as written, would bring in an outside? Chair Hardemon: As written, it would allow the City Attorney, if they need it -- Commissioner Gort: No. They will have to -- at the end of the document and they have prepared, have to be consulted with the individual hired by them, as we recommended. Vice Chair Russell: But at the end? Commissioner Gort: At the end. Vice Chair Russell: Because a real estate attorney -- a specialist could actually not saying we need to hand over everything to them, and I certainly don't want this deal not to go through. Commissioner Gort: Right. Vice Chair Russell: I believe this is excellent. Ms. Méndez: Commissioners, to make this easier, I withdraw my objection. Please, do as you wish. Hire the real estate negotiator, the real estate attorney, as you wish. I withdraw any objection. I don't want you to be -- Chair Hardemon: Well, we appreciate your withdrawal, but that's -- the motion is on the floor the way it is. Vice Chair Russell: And so this would also throw out, because it didn't pass, the original amendment about having inclusionary or affordability included, as well. So that's not in this, right? I'm a "no" then. I was hoping there would be support for that. And I was hoping, maybe, Commissioner Carollo, if we were to have the outside negotiation and these other things that would get us the better deal, would Commissioner Carollo: Well, here's the problem, Mr. Vice Chair: We still even haven't addressed what was printed in the Herald regarding a $50 million amount that we will have to make up. I'm sure our director will speak to that matter, but it starts going into the complexity of some of these issues, and the back and forth. So we haven't even gotten into the details of the actual deal. Chair Hardemon: Mr. Rotenberg, was what was written in the Miami Herald, in fact, true? Mr. Rotenberg: No, it's not true. Chair Hardemon: Can you expound on that, please? Mr. Rotenberg: I could expound on that that the deal that we've been negotiating at this point would leave us with a net zero, which means that we would enter into a new building without a $50 million loss, without \[sic\] a zero dollar loss; we would have an equal, like kind exchange. We're not working on that premise. I don't know what was in the Herald; I didn't read the article. I don't agree with it. City of Miami Page 73 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Vice Chair Russell: Mr. Chair. Chair Hardemon: Yes. Vice Chair Russell: I don't -- I believ out. It would give us a month to work on clarifying, you know -- if there's a rush on this, if this is an incredible urgency that we may vote on this, even in disagreement, I think it's smarter for us to work toward consensus on something this important with in a hurry. I'm not trying to kill it. I think there's elements to it that can make it a lot better deal. Chair Hardemon: Yeah. So, if RE.8 was voted on as it is, and there was a motion to approve it and it failed, then the item would fail, and then we would have to reconsider RE.8 at another time -- Vice Chair Russell: Correct. Chair Hardemon: -- if we try to do it. If you modified RE.8 in some kind of way, it's not the same thing as RE.8, so it's in a different form, effectively, and so you could still vote on RE.8, just like what we just did, which is why now we can say RE.8, because we modified it in such a different way. Vice Chair Russell: Understood. Chair Hardemon: But it's -- I don't know what the Administration's position is about this item being continued to another agenda item -- another agenda in order to build some sort of consensus. Commissioner Gort: I think it's a great deal that they've been working for a long time. I don't think it should be stopped today. I think we should continue to discuss it, make everybody happy, so we can pass it. I think the motion that I brought up, it brings it -- the two good -- You got the cake and you can eat it, too. Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: I can tell you that, again, real estate changes every single day, just like the market changes every single day. A deal can only be looked at in time. So, you know, you look back on a deal, you look forward on a deal. I mean, there's a lot of different ways to analyze a deal. I think the issue here is the principle: Do I think we need to sell the MRC? Do we -- do I think we need to build a new MRC? Yeah, of course; just like I think we really need to do a new Police Department. I mean, I think that's a critical thing that we need to do, and we should have done that first, but we didn't, and now we're going to. So, again, I think we've put ourselves in a little procedural pickle here, because we didn't really anticipate that things would flush out this way, which is one of the interesting consequences of the sunshine law, but look, I will -- I don't have a problem supporting it. You know, obviously, it comes back to us in final form. But I personally prefer and would hope that the City Attorney, in her own infinite wisdom and judgment, would get outside counsel to help on this matter. I think it's one of the recommendations. I think it's a good recommendation. And I don't think we have the institutional manpower, if you will, to deal with this issue. City of Miami Page 74 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair Hardemon: You know, the City of Miami has a tremendous amount of need; capital needs, especially. We deal with all types of issues from sea level rising, flooding, the lack of a new police station, lack of a police helicopter, new -- I forget what the vessel is called that you all, as police officers, use that you invited -- I think it was President Obama was on some time ago, and that needs severe updating with its technology. The Fire Departments need new -- need police \[sic\] stations. The Solid Waste needs a new facility there on 20th Street. The people are working out of horrible conditions. I won't say "horrible," but I will say they're working out of conditions that are not standard, and so there are a lot of needs that need to be completed. So I don't want people to walk away thinking that, "Okay, the Police have al community. There's need in the Miami Marine Stadium. There's need -- there's need everywhere. You walk outside right now, there's a puddle that grows every single day just outside from this new -- Commissioner Suarez: Parking lot. Chair Hardemon: -- park that was just built there. That is a need; that it should not be there, so we have that need. Today, right now, the motion on the floor is to pass RE.8. It includes the ability for the City Attorney and the Administration to hire someone outside to assist them -- Commissioner Suarez: Let's go. Call the question. Chair Hardemon: -- (UNINTELLIGIBLE). The question -- so if there's any further discussion? You're recognized. Vice Chair Russell: Thank you. Would my amendment on directing them to include affordability or inclusionary in this project be accepted -- Commissioner Suarez: Yes -- Vice Chair Russell: -- in the new --? Commissioner Gort: Yes. Commissioner Suarez: -- accepted by the seconder. Mr. Hannon: No, no, no. This was -- this motion on the floor right now was moved by Commissioner Gort; seconded by Chair Hardemon. Commissioner Suarez: Okay. Chair Hardemon: The Commissioner -- Commissioner Gort: Yes, accept, of course. Commissioner Suarez: If it's within the parameters of the RFP. Chair Hardemon: (UNINTELLIGIBLE) affordability -- Commissioner Gort: Yes. Chair Hardemon: -- to (UNINTELLIGIBLE) as far as housing -- Vice Chair Russell: Yes. City of Miami Page 75 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair Hardemon: -- inside of the building. The seconder -- Commissioner Gort: Combination of the two. Chair Hardemon: -- it's agreed upon by the seconder. Any further discussion? All in favor, say "aye." Commissioner Suarez: Aye. Vice Chair Russell: Aye. Commissioner Gort: Aye. Commissioner Carollo: No. Chair Hardemon: Motion passes. Commissioner Carollo: No. Mr. Hannon: Motion passes, 4-1; Commissioner Carollo voting "no." Chair Hardemon: All right. It's 11:59. We -- -- Commissioner Gort: What's next? Chair Hardemon: -- conclude the meeting. RE.9, RFP -- Mr. Rotenberg: It's a quick one. Chair Hardemon: -- Virginia Key. Commissioner Suarez: I have (UNINTELLIGIBLE). Commissioner Suarez: Guys, if (UNINTELLIGIBLE). Chair Hardemon: And then you have RE.18. I think we can do RE.18 now. I mean, I don't think it should take that -- Commissioner Suarez: Mr. Chair, can we do it in the afternoon, so I (UNINTELLIGIBLE)? Chair Hardemon: Okay. So the -- 12 o'clock lunch. Let's be back at 12 o'clock. Vice Chair Russell: Shades? Commissioner Suarez: I got (UNINTELLIGIBLE). Chair Hardemon: Shades happen afternoon. Commissioner Suarez: I have an MPO (Metropolitan Planning Organization) at 2. Chair Hardemon: Okay. Commissioner Suarez: I have MPO at 2 (UNINTELLIGIBLE). City of Miami Page 76 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair Hardemon: The meeting's in recess. Chair Hardemon: Call the meeting back into order, the December 8, 2016 Miami -- be great. We Zoning) -- well -- yeah, you read the P&Z section. the next meeting or do some certain things like that. meeting, so they could -- we can swear everyone in, you can read into the record, iting on quorum. Mr. Hannon (City Clerk): Thank you, Chair. Chair Hardemon: Thank you very much. RE.9 RESOLUTION 1397 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ISSUANCE OF THE Department of Real REQUEST FOR PROPOSALASE AND Estate and Asset DEVELOPMENT OF CITY-OWNED WATERFRONT PROPERTY Management FOR MARINAS/RESTAURA LOCATED IN THORIZING AND DIRECTING THE CITY MANAGER TO ISSUE THE VIRGINIA KEY MARINA RFP, IN SUBSTANTIALLY THE ATTACHED FORM, SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ATTORNEY. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: Item RE.9 was continued to the January 12, 2017 Regular Commission Meeting. Chair Hardemon: RE.9. Mr. Rotenberg (Director): RE.9, Commissioner -- Daniel Rotenberg, Department of Real Estate and Asset Management. RE.9 isn't really asking for anything at this point. We're bringing out the RFP (Request for Proposals) for Virginia Key Marina, and we're having it reviewed by the Virginia Key Advisory Board, the Waterfront Advisory Board, and we have key dates that we have to have them reviewed by; and we'd like your review, also. Hopefully, we'll be bringing this back on January 12 for final approval. We don't want to run the risk of missing the election that's going City of Miami Page 77 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 around this time. The Advisory Board does have our latest version. The next Advisory Board -- Virginia Key Advisory Board is on the 13th. We expect comments back from them a week beforehand, and we are incorporating comments from them, as well as the Commission; the Sea Level Rise Committee, which we have to get in touch with and sit with them, and the Waterfront Advisory Board. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized, Mr. Vice Chairman. Vice Chair Russell: Thank you very much. Thank you, Mr. Rotenberg, and thank you for giving us this opportunity to have such a public, you know, interaction with regard to this RFP. I know you all have been working with the Virginia Key Advisory Board. I'd like to volunteer my office, as well, to, you know, help move the ball forward on this in any way possible, to help both sides continue to communicate, and any other party that has an interest in this. I think this is a good opportunity for us to just glance at some of the items on the RFP, to at least weigh in, if there's anything that we see on there as a deal breaker that we would not want to see in the RFP as it's issued; anything we like, as Commissioners. I don't know if you all have had time to really look at it, but I had asked the Administration to give me a list of basic differences between the existing -- I mean, the original RFP from earlier this year -- as well as what they're proposing right now. I like very much that in this RFP issuance, they'll be disregarding what they call "important scores." If somewhere in the judging on the RFP, there are scores that are way high or way low, you treat it like the Olympics or whatever, in figure skating, where you throw out the ones that are -- you know, I -- abhorrent, I guess, is the correct word for it. That's a regular practice that other RFP systems use. I like that there's different options on the parking garage options so that they're not stuck to too much of one model; there can be some flexibility in that. I like the increase of the walkways on the -- along the waterfront, up to 14 feet height restrictions, which is something new, which I like seeing in there. The wet slips not being in the basin is very good, and I like the idea that they've broken up the wet slips into two parts. One is that the initial RFP will be offered with regard to wet slips without a specific number, but it's a footprint in which they have to fit it. So they'll come with their different proposals, their bids on what's most efficient and most productive in that way. Then, beyond that, the winner, if they can get the right approvals, can extend the wet slips in accordance with the Master Plan. And I see a lot of -- you know, I see a lot of coming in line with the Master Plan with this, which is great. A couple things I'd like to see the Administration maybe include or start to think about as they go into this. There are things that a -- that we may be asking, which may limit -- or that the bidders may be wanting, which, you know, may or may not be within the Master Plan or within our current zoning or Code. You know, I think that's where we need to be really careful that we don't say, "sky is the limit," because then, they come with a proposal that -- you know, as they try to one-up each other on what the best proposal is, this may get out of scale of what our zoning was intended for and what we had intended for. Look maybe beyond just the RFP for the marina to where -- you know, if they're looking to gain some sort of entitlement, maybe there's something throughout other parts of the Master Plan of the island where they can participate; if they can participate in, you know, the Marine Stadium restoration, something on the back side of the key. You know, keep all options open is all I'm saying. I'd like to see a living wage part of this brought into it, that the bidders keep that in mind that we're looking to encourage a $15 living wage. I don't think that is taken into account with the legislation we passed recently, which has to do with service providers. This is a different situation, so if we want that, if we intend for that as a Commission, that's something we'd need to ask for, maybe, within that RFP. Those are the general notes that I have right now. I'm just glad to see a very public process happening. I don't want that to keep us from making the November deadline, so I'm City of Miami Page 78 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 happy to help; be the point person, along with anyone else on this dais, to move it forward as we go. Chair Hardemon: Good recommendations. Is there a motion? Commissioner Carollo: No, there is no motion for this. Vice Chair Russell: There is not. Commissioner Gort: There's no motion. Vice Chair Russell: There is not. Chair Hardemon: Then why does this --? Commissioner Carollo: This -- well, it says "for information. Chair Hardemon: This has action on it. Daniel J. Alfonso (City Manager): Right. There is -- Commissioner Carollo: Right. Mr. Alfonso: -- we need a motion that, to the very least, defer it to January 12, so we'll bring back a final document at that time. Vice Chair Russell: So moved. Commissioner Carollo: Second. Chair Hardemon: Properly moved and seconded to defer. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Mr. Alfonso: Thank you, Commissioners. RE.10 RESOLUTION 1282 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Commissioners ENTER INTO A MEMORANDUM OF AGREEMENT, IN and Mayor SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI- DADE STATOF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, TO PROVIDE FUNDING FOR TWO (2) STATE ATTORNEY INVESTIGATOR POSITIONS TO EMPLOY FORMER CITY OF MIAMI POLICE DEPARTMENT OFFICERS EXPERIENCED IN HOMICIDE INVESTIGATIONS OR COMPARATIVE INVESTIGATIVE EXPERIENCE TO WORK WITH THE NORTH-END STREET VIOLENCE TASK FORCE. ENACTMENT NUMBER: R-16-0612 City of Miami Page 79 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.10, please see Item RE.7. RE.11 RESOLUTION 1194 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE EXECUTION OF A Office of Capital DECLARATION OF RESTRICTIVE COVENANT RUNNING WITH Improvements THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, REQUIRING INSTITUTIONAL AND ENGINEERING CONTROLS AT JOSE MARTI PARK LOCATED AT APPROXIMATELY 342-362 SOUTHWEST 4 STREET, MIAMI, FLORIDA. ENACTMENT NUMBER: R-16-0613 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.11, please see Item RE.7. City of Miami Page 80 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 RE.12RESOLUTION 1196 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE Office of Capital PROFESSIONAL SERVICE AGREEMENTS ("PSAS") WITH R.E. Improvements CHISHOLM ARCHITECTS, INC. AND RIZO CARREÑO AND PARTNERS INC. FOR THE PROVISION OF MISCELLANEOUS ARCHITECTURAL SERVICES FOR ADDITIONAL WORK IN AN AMOUNT NOT TO EXCEED $250,000.00 FOR EACH FIRM, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $500,000.00 TO AN AMOUNT NOT TO EXCEED $750,000.00 FOR EACH FIRM; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PSA WITH EACH FIRM, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND MODIFICATIONS TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0614 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.12, please see Item RE.7. City of Miami Page 81 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 RE.13RESOLUTION 1197 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE Office of Capital PROFESSIONAL SERVICE AGREEMENTS ("PSAS") WITH T.Y. Improvements LIN INTERNATIONAL AND STEARNS, CONRAD AND SCHMIDT, CONSULTING ENGINEERS, INC. FOR THE PROVISION OF MISCELLANEOUS ENVIRONMENTAL ENGINEERING SERVICES FOR ADDITIONAL WORK IN AN AMOUNT NOT TO EXCEED $500,000.00 FOR EACH FIRM, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $500,000.00 TO AN AMOUNT NOT TO EXCEED $1,000,000.00 PER FIRM; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PSA WITH EACH FIRM, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND MODIFICATIONS TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0615 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.13, please see Item RE.7. City of Miami Page 82 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 RE.14RESOLUTION 1198 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE Office of Capital PROFESSIONAL SERVICE AGREEMED.A. Improvements ENGINEERING, INC., A&P CONSULTING TRANSPORTATION ENGINEERS, CORP., BCC ENGINEERING, INC., THE CORRADINO GROUP, INC., METRIC ENGINEERING INC., PALM ENGINEERING GROUP, INC., RS&H, INC., FORMERLY KNOWN AS REYNOLDS, SMITH & HILLS, INC., R.J. BEHAR & COMPANY, INC., SRS ENGINEERING, INC., STANTEC CONSULTING SERVICES INC. AND TY LIN INTERNATIONAL/HJ ROSS FOR THE PROVISION OF MISCELLANEOUS CIVIL ENGINEERING SERVICES FOR ADDITIONAL WORK IN AN AMOUNT NOT TO EXCEED $250,000.00, RESPECTIVELY, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $500,000.00 TO AN AMOUNT NOT TO EXCEED $750,000.00 FOR EACH FIRM; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PSA WITH EACH FIRM, IN SUBSTANTIALLY THE ATTACHED FORM; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND MODIFICATIONS TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-16-0616 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.14, please see Item RE.7. RE.15 RESOLUTION 1366 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ISSUANCE OF NOT TO Health Facilities EXCEED FIFTY MILLION DOLLARS ($50,000,000.00) OF CITY OF Authority Board MIAMI, FLORIDA HEALTH FACILITIES AUTHORITY HEALTH FACILITIES REVENUE AND REVENUE REFUNDING BONDS (MIAMI JEWISH HEALTH SYSTEMS, INC. PROJECT), SERIES 2017, FOR PURPOSES OF SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-16-0617 City of Miami Page 83 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: I want to call our 2:30 time certain. I believe it is RE.15. I know there was a presentation that someone wanted to make. I'm not sure if it was -- Jose Fernandez (Director, Finance): Good afternoon, Commissioners. Chair Hardemon: -- through the eloquence of our words or a video presentation. Mr. Fernandez: Jose Fernandez, the Department of Finance. RE.15 is a resolution of the City of Miami of issuing -- not to exceed $50 million Health Facility Authority bonds, on behalf of the Miami Jewish Facilities. There's members here, if they want to talk specifics about the project or financing, or any other questions you may have relative to it. The required TEFRA (Tax and Equity Fiscal Responsibility Act of 1982) meeting was held on December 2, so everything that needed to be done was already done. Chair Hardemon: Commissioner Carollo. Commissioner Gort: Move it. Commissioner Carollo: Thank you, Mr. Chairman. Second. Chair Hardemon: It's been properly moved and seconded. The mover was Commissioner Gort; seconder, of course, Commissioner Carollo. You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. Madam City Attorney, is there any legal liability on the City's part for issuing this bond? Victoria Méndez (City Attorney): For this hospital district that we're assisting with? No. Chair Hardemon: Are there any --? Commissioner Gort: Mr. Chair. Chair Hardemon: Yes, you're recognized. Commissioner Gort: This is a normal transaction that a lot of city has to -- in order to help facilitate health facilities throughout the nation. I've worked through quite of those in the past in different cities, and it -- the city becomes a conduit. Commissioner Carollo: I understand, Commissioner Gort, but I want to make sure we put that for the record. Commissioner Gort: Right. Commissioner Carollo: Is there any cost to the City? Mr. Fernandez: No cost. City of Miami Page 84 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Commissioner Carollo: Okay. I want to make sure we just put that for the record. Mr. Fernandez: We -- it's just a disclosure in our CAFR (Confidential Annual Financial Report). Commissioner Carollo: Understood. Chair Hardemon: But there is an effect. The effect is that we -- hopefully, we get to hire more residents from District 5, as you continue to do. As I understand, the Jewish Hospital is one of those facilities that is -- one of the larger employers of people within the district, so I think the district appreciates it, the City of Miami appreciates it. I'm sure all of your patients -- or clients appreciate it, so thank you very much. Any other discussion? Todd B. Hannon (City Clerk): Chair, just for the record, the resolution does need to be amended to include the minutes from the December 2 Health Facilities Authority Board meeting. Chair Hardemon: Does the mover and seconder accept that -- Commissioner Gort: Yes. Chair Hardemon: -- amendment? Commissioner Carollo: Yes. Chair Hardemon: Okay. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. RE.16 RESOLUTION 1404 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE CITY Office of the City CLERK'S CERTIFICATION OF THE CANVASS AND Clerk DECLARATION OF RESULTS OF THE CITY OF MIAMI SPECIAL ELECTION HELD ON NOVEMBER 8, 2016. ENACTMENT NUMBER: R-16-0618 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.16, please see Item RE.7. City of Miami Page 85 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 RE.17RESOLUTION 1316 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE APPROPRIATIONS COMMITTEES OF THE UNITED STATES Commissioners SENATE AND HOUSE OF REPRESENTATIVES TO FOLLOW THE and Mayor LOW INCOME HOME ENERGY ASSISTANCE PROGRA LAW WHEN DETERMINING ALL FUTURE APPROPRIATIONS AND RESTORING LIHEAP FUNDING TO HISTORIC LEVELS; DIRECTING THE CITY O LOBBYISTS TO ADVOCATE FOR ADMINISTRATIVE ACTION THAT WOULD ACCOMPLISH THE GOALS SET FORTH IN THIS RESOLUTION AND DIRECTING THE CITY ADMINISTRATION TO INCLUDE THIS ITEM IN ITS LEGISLATIVE PRIORITIES FOR THE 2017 LEGISLATIVE SESSION AND FUTURE LEGISLATIVE SESSIONS; FURTHER DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. ENACTMENT NUMBER: R-16-0619 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item RE.17, please see Item RE.7. RE.18 RESOLUTION 1453 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO LOWER THE POSTED SPEED LIMIT TO Commissioners TWENTY (20) MILES PEL LOW DENSITY and Mayor RESIDENTIALLY ZONED NEIGHBORHOOD STREETS CLASSIFIED AS PART OS STREET SYSTEM PURSUANT TO SECTION 334.03, FLORIDA STATUTES AND SECTION 30-299 OF THE MIAMI-DADE COUNTY CODE; FURTHER DIRECTING THE CITY MANAGER TO DEVELOP A PLAN TO IMPLEMENT SAID TWENTY (20) MPH SPEED LIMIT UPON MIAMI-DADE COUNTY APPROVAL. ENACTMENT NUMBER: R-16-0620 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing Item RE.18, please see Todd B. Hannon (City Clerk): Thank you, Chair. City of Miami Page 86 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair Hardemon: Thank you very much. At this time, we'll call RE.18. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. RE.18 is the item to bring the speed limit to 20 miles per hour. As I mentioned during the public speaking part of this meeting that I didn't have an opportunity to weigh in and discuss when there was a proposal for the 25 miles per hour speed limit, my preference was to actually do 20 miles per hour. Number one, I just thought it'd be better. I mean, if we're going to reduce the speed limit from 30, I believe that we should go to 20, and we could discuss more on that, if need be. Second of all, I heard the residents loud and clear, and we have a history of listening to our residents, especially when it's something that is extremely reasonable. And third of all, if we're going to -- State law stipulates that, if there's no signs that the speed limit is 30 miles per hour in the residential area. Therefore, if we're going to put signs saying that there's a different speed limit, I'd rather we do it now and we do it for 20 as opposed to 25. Mr. Manager? Daniel J. Alfonso (City Manager): Mr. Chairman, I'd like to inform the Commission that we just received the notice in a letter from Miami-Dade County Public Works that they will not support the 20 miles an hour, but they will support 25 miles an hour as the speed limit citywide. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you. Mr. Manager, I'm looking at that letter, and if I'm not understanding correctly, it seems that they do not support a citywide change, but they showed two paragraphs above where we can change it neighborhood by neighborhood; is that correct? And they do recommend -- or they say, "We have the right to go down to 20 within those neighborhoods, including a municipal speed; unlawful speed and municipal speed. Could you explain the letter that Ms. Harris received today? Jeovanny Rodriguez: Good afternoon, Commissioners. Jeovanny Rodriguez, director of Capital Improvements. What the County said in that letter is that they -- even though they don't recommend or support the 25 miles an -- I'm sorry -- 20 miles an hour change that they are more inclined to a 24 \[sic\] miles an hour change. They say that -- Commissioner Carollo: 25. Mr. Rodriguez: 25 miles an hour. The -- they say that the only time that they have approved a 20 hours -- 20-miles-per-hour speed limit is on very selected neighborhoods, sort of enclosed neighborhoods. So that's basically what they're saying. Furthermore, they're saying that the arterials and collectors, they would not approve it, or County right-of-way. And from our perspective, a change is being limited. What the County's saying -- and we agree -- to go from 30 miles an hour to a 25 or perhaps a 20 miles an hour is all subject to a traffic study. The traffic study has to yield that 85 percent -- amongst other things -- but one of the factors is that among 85 percent of the speed or the volume through that street has to be within a limit of the current -- of the miles per hour that you are requesting. In other words, if you want to change it to 25 miles per hour, then about 85 percent of the flow through there has to be -- and I think it's three or seven miles within that limit. So that's another reason why they're saying that when you have too big of a gap, from 30 miles to 20 miles, they -- most likely, the traffic study is not going to yield that. City of Miami Page 87 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Vice Chair Russell: I'm sorry, Mr. Rodriguez, I'm not understanding the logic with why you would need that sort of margin in order to approve a bigger jump. Isn't it the fact that the traffic is too fast and it's felt to be uncharacteristic of what would be safe for that neighborhood, so you're asking for that gap; like, what people are actually driving shouldn't be the determinant of whether it's safe or not, right? Mr. Rodriguez: Commissioner, and that's why I mentioned that, because that is the - - I'm going to say the logical -- would tell you that that's why. The fact that they're driving fast, that's why you want to request a lower speed limit. But in reality, when the traffic study comes in, what they go is by the average speed on that neighborhood. So if you have the drivers are going around 25 miles per hour, more or less, that's what they would go by. They would not give you a chance -- because everybody's driving at a high speed, they'll not give you a lower speed. So whatever speed they approve, it has to be within a reasonable limit -- or a reasonable average of the drivers through there. Vice Chair Russell: Commissioner Carollo and then Commissioner Suarez, and then Commissioner Gort. Commissioner Carollo: You know, something -- and I know that the Vice Chair took the floor, but something that -- I wanted to mention that in 2015, there were 1,605 pedestrian accidents in Miami-Dade County; out of those 1,605, 442 were in the City of Miami. Now, that's about 27 percent. Now, the City of Miami is about 55 -- approximately 55 square miles, and the County is approximately 2,430 square miles; that's only 2 percent -- in land mass -- I'm sorry. So the City is 2 percent of the County's land mass. And for us to have 26 or 27 percent of pedestrian accidents in the City of Miami is horrific. And I'll be honest with you, I appreciate all the Grove residents that have really come forward with this issue, but I'm sure -- I am positive we have the same issue in Silver Bluff, we have the same issue in Shenandoah, the Roads, Little Havana, and if we pass it for just one area, you -- we could do it piece by piece, if you want, but all those residents will be coming here. And again, I know all these studies are great, but I have seen so many studies firsthand, like in the Roads, and all the residents understand that they make no sense, whatsoever, by putting, let's say, a roundabout or a circle on 1st Avenue. I don't know where the room is. You and I have worked on that road, because we're working to see if we do the underline park that we've been working on since before we even mentioned the underline. Well, a study came back that we should do a roundabout on 1st Avenue. In your professional judgment, I don't know how that can be, but anyways, it is what it is. What these studies don't tell you is that traffic has been an issue year after year after year after year, and nothing's been done. And by the way, transportation is in the purview of the County, not necessarily the City, until now. So I get it. All these traffic studies are great and so forth, but if we're going to make a move, I think it's time to do it now, and I think we go to 20, because I think, understanding human nature, if the speed limit is 25 and they go up and speed, they'll go up to 35, maybe 40. And if the speed limit is 20, maybe they'll go up to 30, 35, but not necessarily that much more. So I understand that enforcement is also an issue; that's something that I think we're going to have to work with our Police Department to see if we have special details within that residence -- in the neighborhoods, but, again, I feel strongly that it should be 20, 20 percent \[sic\]. Vice Chair Russell: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. And I want to thank the Commissioner for his earlier comments about co-sponsoring this -- Commissioner Carollo: Absolutely, absolutely. City of Miami Page 88 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Commissioner Suarez: -- and I appreciate that. I think when I brought the resolution at the last Commission meeting, for 25 miles an hour, the reason why I brought it was because for a variety of reasons. One, I know that -- and by the way, I'm very glad that you stayed, so I'm very appreciative of that. And, you know, you made a point, and I agree. This is -- there -- as efficient as we are, and wonderfully efficient, which is great, there is a disconnect between when the residents get to speak on an item at 10 in the morning and when we actually hear the item, which is almost 4 o'clock in the afternoon, and so we need to try to see if we can fix that within our rules. But I brought this item at 25 miles per hour, because I've worked with the County on other traffic control measures, like traffic tables and traffic circles, and they've been notoriously difficult. It took me three years to enter into a memorandum of -- to negotiate and enter into a memorandum of understanding, which I think is incredibly important for the City, which actually allows the City to make the decision on whether or not we can implement a traffic control device. It's incredibly and profoundly important; and not only that, but the second part of that deal was that we get the most liberal criteria. What we saw was, if you go to different cities in the County -- you see certain things in Pinecrest or in Coral Gables that you don't see in Little Havana, or you don't see in Silver Bluff, et cetera, so that was the second component of that MOU (Memorandum of Understanding). Coral Gables had recently asked for a 25-mile-per-hour reduction; basically, from 30 to 25 mile per hour. So based on the fact that another city had asked for it, and me being the president of the League of Cities, I thought it would be -- it would make the most sense to sort of try to piggyback on the fact that it looks like another city has achieved that. So I think from the -- you know, and I did read the letter, and the letter does indicate that we have a very good chance of getting 25. I think we can get 20, for example -- and it says in the letter that they have approved 20 in one neighborhood, which is a gated community, so we can get it, certainly, and we can ask for it, certainly, in those kinds of communities. But I will say this, because I think this is very important to say: I'm much more a proponent of an engineering solution than a mile-per-hour solution, and I'll explain what I mean by that. Whatever speed limit you have requires enforcement, and, you know, as the Commissioner said, you can put a police officer, maybe, for a period of time, but you're not going to be able to put a police officer there, continually, every single day. However, with a traffic table, they are physically forced to slow down. And that traffic table doesn't move, doesn't go anywhere; it doesn't, you know, selectively enforce. It's there 24 hours a day, every single day. And so, I think reducing the speed limit is one piece of the puzzle, but I think it's a piece of a larger puzzle, which includes traffic control devices. And also, I'm a huge proponent -- and I want to thank the County, because in this, they helped us, and this is something I think we need to look at citywide, which is why I proposed and got approved the Traffic Master Plan. But we need to look at closing our neighborhoods -- some neighborhoods -- and having limited access. It's worked in a variety of neighborhoods throughout the City. What you want to do is, you want to create a situation where the people who are in the neighborhood are people from the neighborhood. Our neighborhood streets should not be a means to cut from one area to another. It should not be a means of saving 30 seconds. We now have apps (applications) on our phone, which are called "Way" -- "Waves" or "Waze," or whatever, and it actually pushes people through our neighborhoods, because it indicates to people, based on cell phone data, that the fastest way through to their Point "B" is through our neighborhoods. And we recently temporarily closed 15th -- I'm sorry -- 16th Street and 34th Avenue, and 34th Avenue and 14th Street -- I'm sorry -- 12th Street, and you should see -- I have video from the first day of all the people who are used to cutting through the neighborhood, literally going into the street and then having to turn back around and come out, and people that were cutting through the 37th Avenue side doing the exact same thing. So it takes a little bit to condition the drivers into understanding that they can no longer use our City of Miami Page 89 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 neighborhoods to cut through. So I think it's really -- this is one piece of the puzzle. I think we can get, probably, 20 miles per hour in selective areas in neighborhoods. And certainly, if we're able to take that step of actually gating the communities, then it sets -- then we're within the precedent of what they've already done, so -- and I'm a huge advocate of that. I really think that, you know, our County -- being an MPO (Metropolitan Planning Organization) member from the City and the Vice Chair, you know, our County has -- is becoming more and more dense, and they rely on the arterials, which is why it says in the letter that they will not approve of reduction on the arterials. We rely on our arterials to get to and from work, and that's what they should rely on. In the absence of that, we need a mass transit system. I mean, this is a city like New York and Paris, and London. I mean, this has become a major metropolis. And, you know, for people getting to and from work, only 12 percent of our residents use mass transit to get to and from work, so that means 88 percent of people are using cars. So, I mean, I think this is good. Certainly, I'll work with the Commissioner and would love to co-sponsor it. I think we can get it in limited areas, but we do need to fight for the 25 miles an hour, because we can get that citywide, and that's something that's been done precedentially \[sic\], and so I think we should take what we can get, sort of, first, and keep working hard to refine it. But definitely, also, I think we need, and all our districts can benefit from speed tables, which actually physically force the drivers to slow down. Raise me -- you know, I think raised intersections -- I just did a raised intersection in that same area, so I guess I said -- I mean, I don't know; was it seconded? I think somebody seconded. Vice Chair Russell: We have some more comments, right? Commissioner Suarez: Okay. Vice Chair Russell: Commissioner Gort. Commissioner Carollo: No, I didn't -- Commissioner Suarez: I'll second it. Commissioner Carollo: I'll make the motion then. Commissioner Suarez: Okay. And -- Vice Chair Russell: It's been moved by Commissioner Carollo. Commissioner Suarez: Yeah, I'll second it. Second. Vice Chair Russell: Second by Commissioner Suarez. Commissioner Gort. Commissioner Gort: Let me tell you, I think I been working on this for the last two CPA director -- CIP (Capital Improvements Program) directors. We had a big problem in the northwest. We have a region -- between Northwest 37th Avenue all the way to Northwest 42nd Avenue, there's two arterial roads: Northwest 11th Street and Northwest 7th Street. What happens is, we have some beautiful neighborhood east -- west of these arterial roads, and what happens is, whatever app they use, they go right through our neighborhood, and they're in a hurry. They going 40, 45 miles an hour. We been working on this for years now. We have taken all kinds of -- for example, here in Coconut Grove, you have one-way streets, where people go out, so they cannot go in, so automatically, you have the neighborhood -- the neighbors are the one that travel in those streets. We tried to do that. We did a study there. We tried to do that, but then, the County came back, saying, "Look, we have the arterial, but we also need the auxiliaries road"; in other words, they know, and they want to use our streets. And this is something that -- We asked for street \[sic\] bumps. We City of Miami Page 90 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 were able to get some street bumps, certain places; other places, we were unable to. The street bumps helped a lot; they slow people quite a bit. But I think they -- I will be -- I'm in favor of it, but I want it citywide. Commissioner Suarez: Absolutely. Commissioner Gort: And we have a lot of neighborhoods where this is taking place. I mean, people are taking the -- they take off on the arterial roads, they go right into our City's streets. They're in a hurry, so they're going to be going fast. Erin Clancy: Mr. Vice Chair -- Vice Chair Russell: Thank you. Ms. Clancy: -- may I say something? Vice Chair Russell: Just a moment, please. Jeovanny, which is the one neighborhood that was approved for 20; do you know? Commissioner Suarez: I don't think it's -- I don't know if it's in the City of Miami. (UNINTELLIGIBLE) one in the County. Commissioner Carollo: No, it's not in the City of Miami. Commissioner Suarez: One in the County. Mr. Rodriguez: Yeah. I don't think it's in the City. I -- Commissioner Suarez: Yeah. There's only one in the entire County. Vice Chair Russell: But the Gables got 20 for certain neighborhoods, though. Commissioner Suarez: No, they got -- oh, I don't know. I think they got 25 citywide. I don't know about anything else. Vice Chair Russell: And it was also my understanding that they also went for 20, but settled for 25. Commissioner Suarez: Yeah, could be. Vice Chair Russell: I take a little exception to the gated neighborhood concept of applying this. There's no reason that gated neighborhoods should have any more safety or -- I mean, if you take the Grove, for example, where you've got a lot of nonconforming roads; you've got a lot of areas with no sidewalk, and hedges right to the edge; you've got cars going around people walking in the street with their pets. Commissioner Suarez: Right. Vice Chair Russell: Combine that with the fact that there is an unofficial rumor that we don't enforce until someone's speeding over eight miles per hour above the posted speed limit. So if it's at 30 and we're not writing a ticket until someone's at 38, you're talking a potential nearly 40 miles an hour through a neighborhood with no sidewalk. So I am in favor of this, but I really want to do it in a way that we can get it done; and I'm wondering, based on this letter, what challenges you see. Do we need to change our legislation in a way -- other than just directing you to do it -- to make this come to fruition? Because I'm fully in favor of this. I brought this as a City of Miami Page 91 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 discussion item very early on when I came onboard, and today's actually the one- year anniversary of my first meeting -- Commissioner Gort: Congratulations. Commissioner Carollo: Congratulations. Vice Chair Russell: -- but this was an early thing that was brought to me by many constituents, and I do agree with it, and the whole concept was to change it citywide; not as -- where we have signage, but where we don't have signage; where the default speed limit would be, so it wouldn't be about -- you know. Jeovanny. Mr. Rodriguez: Commissioner, if I may, to change it to 25 miles per hour or 20 miles per hour, it still will require the approval of Miami-Dade County, so we're still going to have to go through the process of doing a traffic study, which we can follow -- our intent is to follow, more or less, what Coral Gables did, just so we don't have to reinvent the wheel, but they did do a -- an analysis citywide. They divide it by areas, and there was a certain methodology that they used. We intend to use the same thing. And what we would like to do -- or at least my recommendation is allow us to go through that traffic study and see what the data shows. If the data, it shows that we can go to the 25 miles an hour citywide, then we take that. And then, we can go and do additional studies on selected neighborhoods, and see if that can change. If the data shows that we can get it 20 miles an hour citywide, then, you know, we'll take that, but that's what I would recommend. Commissioner Carollo: Yeah. I'm sorry, Mr. Chairman. Vice Chair Russell: Thank you. Commissioner Carollo. Commissioner Carollo: Yeah. I just want to make sure that -- like the lady spoke earlier today -- that when you do the study, it's not the day after school is over or school is out, and they're out for the summer. I want to make sure that the study is done in the right way, because, to be honest with you, I don't want to go with the premise that, "Hey, let's go for 25, and then if we get 25, let's spend more money on another study and then let's go for 20." You know, I'd rather see -- you know, do it all at once, and -- Vice Chair Russell: Thank you. Commissioner Carollo: -- go for 20; not to mention -- And by the way, I applaud the Gables, but at the same time, you know, we're also the City of Miami, and I'm proud of the City of Miami most of the time. There's some issues that have occurred that are a little embarrassing, but with that aside, I'm proud of the City of Miami. And, listen, there's been times where other municipalities have settled, and the City of Miami has been, you know, holding strong; like, for instance, FPL (Florida Power and Light). And we seem to be -- and, you know, I appreciate the City Attorney being very strong on that issue. So I don't see why, you know, the City of Miami couldn't actually obtain 20 miles per hour. Vice Chair Russell: Commissioner Suarez -- Jeovanny, did you want to respond or - -? Mr. Rodriguez: No, no. Vice Chair Russell: Commissioner Suarez. Mr. Rodriguez: I just -- City of Miami Page 92 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Commissioner Suarez: And I want to hear what she has to say. I -- Let me tell you, when we talked about the Master Plan, the Traffic Master Plan for the City, one of the things that the County told us was that you can close neighborhoods with the Master Plan; in other words, you can actually close off certain neighborhoods. So I think that's something that we need to look at, because, again, lowering the speed limit is great, it's wonderful. It's great to have it at 25, 20, 15 -- you can go all the way down to zero. The issue is, then you have to enforce it, and so that's the issue. And so, you may be able to put an officer there for a week at a time, and maybe for that week, things will get better. And then, you know, day one will come when the police officer is not there and day two and day three, and things sort of revert back to what happens. To really solve the problem, you need to restrict access; you need to put in physical impediments; you need to make it impossible for people to cut through neighborhoods. And guess what? The reason why communities have gated; why Natoma Manors has gated; why Bay Heights has gated; why the Upper Eastside, many of the neighborhoods have gated; why even the community that I live in has closed off is because we used to have 1,400 cars a day go through our neighborhood, 1,400. I promise you, if you had -- And by the way, having a police officer doesn't stop cut-through. Maybe it'll get people to go at the speed that they're supposed to be going, but it's not going to stop cut-through. And what we need to stop is not only -- we not -- not only excessive velocity, but we need to stop the cut- through. Our neighborhood streets are not -- You know, I think there was someone who said -- testified that they lost their cat in front of their two-year-old. You know, I have a three-year-old. You know, God forbid, if it were my son that runs out into the street, but I live in a gated -- I happen to live in a community that's walled off. So for me, I'm not saying I don't worry about it, but I have much more peace and comfort. And so, what I've always thought of is, you know, why can't every community be like my community? Why, you know, why is it that only, you know, some commu -- And by the way, if you look at the property values of those communities that are gated, I promise you -- or that are not gated, but that are -- have -- Vice Chair Russell: That's what I wanted to clarify. Commissioner Suarez: -- limited access -- Vice Chair Russell: Bay Heights, for example, is not gated. Commissioner Suarez: Right; they're limited access. Vice Chair Russell: They're limited access. Commissioner Suarez: Limited access. Vice Chair Russell: They have deterrents -- Commissioner Suarez: Yes. Vice Chair Russell: -- that look as though they're gated with walls and such, but they're fully -- Commissioner Suarez: They're limited -- Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Suarez: -- access. City of Miami Page 93 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Vice Chair Russell: That's what we're talking about. Commissioner Suarez: Yeah, yeah. Vice Chair Russell: I think we do need to be careful when we say "gated" -- Commissioner Suarez: Yeah, limited -- Vice Chair Russell: -- because we're going to be very (UNINTELLIGIBLE). Commissioner Suarez: -- access. They -- the property values in all those communities are extremely high, because their quality of life is high. Ms. Clancy: Erin Clancy, from 3558 Royal Palm Avenue, a resident of the Grove. And I just wanted to respond to some of the ideas that have been floated here. We would love nothing more than to close the areas, the communities of the Grove, but they currently serve a very important function for transit to the area schools, and as much as I'd like to see that, I doubt very much that it would meet with approval. We would also welcome more traffic-calming measures, but that's a very costly approach, I think; traffic circles, humps, bumps at every intersection, when attempting to slow the traffic down would have a sort of overall herd immunity effect, as I referred to this morning. And this -- the County has done surveys and studies in our neighborhood, and what they're looking at is the volume of traffic and the percentage of traffic that exceeds the speed limit, which means the whole basis of the study is meaningless to us, because a car going over 35 miles an hour, an accident with a pedestrian is nine times more likely to be fatal. So if you're measuring who's going over 30 miles an hour, I -- that, to me, is not really that helpful. So as it is not that helpful to lower it to 25 -- we will take 25, don't get me wrong. You know, we'll take victories where we can, and especially with the option of including neighborhoods, but the idea that a closed-off neighborhood is suffering from high- speed traffic is somewhat silly. They're cutting through. They're following Waze. The County Department of Transportation made an agreement with Waze in the past year; some sort of alliance. So they're colluding and cutting through our neighborhoods. It's not helpful. I get -- you know, I use Waze, too, and they tell me to go through folks' neighborhoods, and I try to do it at 20, to be respectful, but a big problem. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Thank you. So I would agree that traffic circles are usually expensive, but traffic tables are not. They're only about $10,000 -- 10 to $15,000 per table. And the County actually approved a Comprehensive Traffic Table Plan for Silver Bluff, which is an area that's bounded by, you know, U.S. 1 and Coral Way, between 17th and 27th Avenue. And our plan is actually to put a traffic table just about in every single street that interacts with the arterials, so that people understand that there is a physical impediment to speeding, and that the minute that they enter into our neighborhoods, there is a different condition. You're in a -- you know, you're in a different place, if you will. Ms. Clancy: We would welcome that. Commissioner Suarez: Right. And so -- and that's what I would strongly advise, you know, the district Commissioner, because it's a huge difference. Again, you just literally, physically cannot speed up if you have to slow down and, you know, take a traffic table, and then go half a block or whatever -- two blocks and have another traffic table. So, again, I'd rather have a physical impediment to people speeding -- City of Miami Page 94 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Commissioner Gort: Yeah. Commissioner Suarez: -- than a traffic, you know, officer, who may or may not be there all the time. Chair Hardemon: Commissioner Gort, Vice Chairman. Commissioner Gort: But they wanted -- some of the speed bump, they were able to get; we didn't get many. It helped quite a bit. And what happens with the County, the County calls our street "auxiliary roads" to their large roads, so that's why the -- they have the -- whatever that apps is, is part of that. They tell people how to use our City roads to do the streets to get to wherever they want to go. But the speed bumps do work, and slow people up. Vice Chair Russell: Mr. Chair. Chair Hardemon: Yes. Ms. Clancy: Thank you. Vice Chair Russell: May I ask a question of the Chief of Police, please? Rodolfo Llanes (Chief of Police): Yes, sir. Vice Chair Russell: Thank you. Mr. Chief, in the neighborhoods that have off-duty police on a regular basis, either a self-taxing district or whatever, are those officers able to write tickets to speeders? Chief Llanes: Yes. Commissioner Suarez: Of course. Vice Chair Russell: And do they? Chief Llanes: They do. Vice Chair Russell: Because I felt that there's some -- within some neighborhoods, there's a fear that they're going to write tickets on the exact people that are paying their overtime, and so it was discouraged. Chief Llanes: No. I -- normally -- Vice Chair Russell: Are they given instruction to or not to or --? Chief Llanes: No, they're not given -- their instructions are to enforce the law, so if they're there, they're supposed to enforce the law. And I remember long time ago working in Bay Heights, and the person that was in charge back then would ask me to go ahead and -- Vice Chair Russell: I would agree with that. Chief Llanes: -- enforce that, and we do -- we did. Vice Chair Russell: Yeah. I'd like to make sure that they -- the officers know that that's encouraged and not discouraged, because if they're worried about the neighbors actually having trouble with it, they shouldn't be speeding, so. I just wanted -- City of Miami Page 95 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chief Llanes: That's part of our job. Vice Chair Russell: -- I want to make sure that was in there. Thank you. Chair Hardemon: Is there any further discussion about the motion on the floor? Al Crespo: Mr. Chairman, I'm here to vote an objection; that you all are behaving undemocratically. I'm not concerned about the issue. The fact is that that lady spoke this morning during public comments. She spoke again this afternoon. Issues have been raised on this particular issue that were never discussed before. People who spoke this morning would not have had the opportunity to speak about the issues that were raised now, because they're no longer here. If you're going to have public comments, the public comments have to be in a time and period when they reflect the ability of the citizens to respond to the issues that you all are discussing. You can't dis -- you can't tell people at 10 o'clock in the morning, "Come here and tell us what you think," and then, at 4 o'clock in the afternoon, speak about what you think, when nobody's here to respond. This is undemocratic in principle. Chair Hardemon: So let me say something to you. First of all -- Mr. Crespo: Yes. Chair Hardemon: -- you're wrong. I think that you're wrong. And that's just -- Mr. Crespo: I don't think so. Chair Hardemon: No, no, no. Hear me out. I think that you're wrong. What my job is to do is to ensure that the public has a reasonable opportunity to be heard, right? Before, when the public would have an item like RE.18, which is -- 18 -- that's 18 items. You have 19, 20, 21, 24, and you have another 14. 24. That's what? 28 items. About 28 items before it; not considering personal agenda, not considering the other things that are on the agenda. Someone would come at 9 o'clock in the morning, and they wouldn't be heard on an item, if they were still here, until 7 o'clock p.m., 8 o'clock p.m., 9 o'clock p.m. There's no reasonable opportunity for that person to be heard if they come at 9 o'clock in the morning and they speak 9 o'clock in the evening. And so, what we did was, we said that for the regular agenda items, everyone should know that they can be heard in the morning, and so people have the opportunity to speak on the item. Now, the law requires that they have an opportunity to be heard. They can be heard -- we -- in the City Commission, we allow you to speak during first readings, second readings; you could speak during PZAB (Planning, Zoning and Appeals Board); you could speak during a lot of the other committee hearings that we have. But we still allow you to be heard right here, in front of this Commission. We do that because we encourage people to come and be heard. However, however, when it comes to passing an item and discussion on an item that is on the floor, that is strictly within the purview of this Commission. We discuss what -- the comments and the recommendations from people who are in our community; that's what our job is. Our job -- if it were that every single person who is a member of this community gets a chance to debate the Commissioners, then this would be a free-for-all. There would be no order in this -- in these chambers. And so, that's not how things work. Now, I've always said -- we've allowed just what she did. Just the same way we've now allowed you to interrupt our meeting and say what you just said, we've allowed people, where there is necessary information from constituents or from anyone else that Commissioners want to reply upon to make a decision that that Commissioner has the authority to say, "Hey, Mrs. Jones, what do you think about this?" Or, you know, "Mr. Crespo, I've seen you speak about the issue before. What do you have to say additionally about it?" That is through the City of Miami Page 96 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair. That's an authority that they have. If they wanted to hear someone speak, they have the ability through the Chair to do that; that's just the way it is. However, people have -- they know that if you want to be heard on a PZ (Planning & Zoning) item, you come at 2 o'clock. If you want to be heard on an item that is not PZ- related, then you come at 9. And now, people aren't waiting around forever just to be heard; they've had the opportunity to be heard; not to mention any other committee meetings; not to mention on -- through email that we get; not to mention through phone calls we get to the office; not to mention through the community association meetings that we go to. I mean, these are things that we do all the time. So no one -- there's nothing undemocratic about it; in fact, it is giving people an opportunity to be heard. It's giving people an opportunity to conduct their business and go home to their families and go to work, you know, and participate in their government; that's what this is about. And you don't have this same opportunity in any other form of government like this. Name one that's better than -- name a form of government that you've seen that has more participation than the City of Miami Commission. Mr. Crespo: The City Commission before you became Chairman. Chair Hardemon: And there are -- and those are the Commission -- Mr. Crespo: You said the key word. You said the key word, sir. Chair Hardemon: Let me say: And those are the Commissions that we got out at 1 o'clock in the morning. We had business that was switched over to -- Mr. Crespo: So what? Chair Hardemon: Okay. Mr. Crespo: You're only here when you -- once or twice a month. Chair Hardemon: It's not about us. Mr. Crespo: You know, and the thing is this -- Chair Hardemon: It's not about us. Mr. Crespo: -- it's not about the right to be heard -- Chair Hardemon: Sir, sir, it's not about -- Mr. Crespo: -- it's the right to participate. Chair Hardemon: -- it is not about -- and you are participating, just like you are right now; just like you are expressing your concern at the time that you're not allowed to do it. I don't have to have this discussion with you, but I'm doing it because I haven't seen you in a long time, and maybe you have missed a few meetings where we've discussed this type of business, so I feel that it is my duty to tell you exactly what's been going on. And if you want to talk more about it, we can, but right now, we've discussed that. Mr. Crespo: I just wanted to put on the record that I think that what you're doing is wrong. You're depriving the citizens of a real opportunity to participate -- Chair Hardemon: Okay. City of Miami Page 97 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Mr. Crespo: -- and to be heard, because if you don't know what's going to be discussed, you really don't have a say in the -- Chair Hardemon: You never know. Mr. Crespo: -- what government does. Chair Hardemon: You never know what happens when -- Once a Commissioner starts talking about an issue, things can go one way or the other. Mr. Crespo: That's right. Chair Hardemon: You think -- and -- Mr. Crespo: But the citizen -- Chair Hardemon: -- that's -- Mr. Crespo: -- blocks the citizens out of the process. Chair Hardemon: It does not. It does not. Mr. Crespo: It does. Chair Hardemon: The citizens -- Mr. Crespo: Look at this place. Chair Hardemon: Sir -- Mr. Crespo: There's nobody here. This is government? This is what you've created; an empty chamber. Chair Hardemon: No, no, no. Mr. Crespo: Nobody here. Chair Hardemon: No, no, no. Mr. Crespo: Yeah, yeah, yeah. Chair Hardemon: First of all -- Mr. Crespo: Ain't nobody here. Chair Hardemon: -- where were you at 9 o'clock in the morning, when everyone was here; 10, 11? Mr. Crespo: I was watching you on TV (television). Chair Hardemon: Exactly. So you couldn't see -- Mr. Crespo: Because I was writing about the Chief and the homicide unit. Chair Hardemon: Well, I appreciate all that you have to say, but I will tell you that all of the business, except this one item and a discussion item is taken care of today. Maybe that's -- City of Miami Page 98 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Mr. Crespo: Very badly, because your record -- Here's another problem you have: You -- Chair Hardemon: Sir, the time -- Mr. Crespo: -- passed all these items (UNINTELLIGIBLE). Chair Hardemon: -- I'm not going to continue to hear you. Mr. Crespo: (UNINTELLIGIBLE). Chair Hardemon: Sir, thank you for your time. Mr. Crespo: (UNINTELLIGIBLE). Chair Hardemon: Thank you for your time, sir. Thank you for your time. I apologize to everyone that had to endure that interruption. We're still on our business. We have RE.18. I believe there's a motion and a second on the floor. We've had tremendous public input by the individuals that wanted to speak on the item that came this morning. We've had public input once again from members of the community that we thought were necessary to hear to address this item, and we've had some discussion. Is there any further discussion from the Miami City Commission? Seeing none, all in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. END OF RESOLUTIONS City of Miami Page 99 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 AC - ATTORNEY-CLIENT SESSION AC.1 ATTORNEY-CLIENT SESSION 1431 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, THE PERSON CHAIRING THE CITY OF MIAMI Office of the City COMMISSION MEETING WILL ANNOUNCE THE Attorney COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE FOLLOWING PENDING LITIGATION CASES: VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-200 AP, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, APPELLATE DIVISION AND VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15- 02997 CA 09, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE- CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO CAROLLO, AND FRANCIS X. SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MÉNDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ-RIVAS; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND FORREST L. ANDREWS. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. We've concluded the first shade meeting. We will now go into the second one. On November 17, 2016, under the provisions of Section 286.011(8), Florida Statutes, the City Attorney requested the City Commission meet in private to discuss pending litigation in the following cases: Village of Key Biscayne versus City of Miami, Case Number 15- 200 AP, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami- Dade County, Appellate Division; Village of Key Biscayne versus City of Miami, National Marine Manufacturers Association, Case Number 3D15-2824, before the Third District Court of Appeal, and Village of Key Biscayne versus City of Miami, Case Number 15-02997 CA 09, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, to which the City is presently a party. This City of Miami Page 100 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 private meeting will begin at approximately 5:51 p.m. or soon there -- and conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairman Keon Hardemon; Vice Chairman Ken Russell; and Commissioners Wifredo "Willy" Gort, Frank Carollo, and Francis Suarez; City Manager Daniel Alfonso; City Attorney Victoria Méndez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief of Land Use and Transactions Rafael Suarez-Rivas; and Assistant City Attorneys Kerri McNulty and Forrest Andrews. A certified court reporter will be present to ensure this session will be fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney-client session. Thank you, sir. Chair Hardemon: Thank you very much. The meeting is in recess. AC.2 ATTORNEY-CLIENT SESSION 1432 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, THE PERSON CHAIRING THE CITY OF MIAMI Office of the City COMMISSION MEETING WILL ANNOUNCE THE Attorney COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF ALEXIS STEVENS V. CITY OF MIAMI, CASE NO. 15-23931, PENDING BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE CO SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDNK CAROLLO, AND FRANCIS X. SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MÉNDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LABOR AND EMPLOYMENT KEVIN R. JONES; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY, STEPHANIE K. PANOFF AND BARBARA A. DIAZ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE- CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Chair Hardemon: All right. Can you please read into the record, Madam City Attorney? And gentlemen, you can join us upstairs. City of Miami Page 101 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Victoria Méndez (City Attorney): The first one: On November 17, 2016, under the provisions of Section 286.011(8) Florida Statutes, I requested this City Commission meet in private to discuss the pending litigation in the case of Alexis Stevens versus City of Miami, Case Number 15-23931, before the United States District Court for the Southern District of Florida, to which the City is presently a party. This private meeting will begin at approximately 4:45 and conclude soon thereafter, in approximately an hour. The session will be attended by members of the City Commission: Chairman Keon Hardemon, Vice Chairman Ken Russell and Commissioners Wifredo Gort, Frank Carollo and Francis Suarez; the City Manager, Daniel Alfonso; the City Attorney, Victoria Méndez; Deputy City Attorneys John Greco, Barnaby Min; Division Chief for Labor and Employment Kevin Jones; and Assistant City Attorneys Kerri McNulty, Stephanie Panoff, Barbara Diaz. A certified court reporter will be present to ensure that this session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney-client session. Thank you. Daniel J. Alfonso (City Manager): Are we adjourned, sir? Chair Hardemon: No, the meeting is not adjourned; it's in recess. City of Miami Page 102 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 AC.3ATTORNEY-CLIENT SESSION 1433 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, THE PERSON CHAIRING THE CITY OF MIAMI Office of the City COMMISSION MEETING WILL ANNOUNCE THE Attorney COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE FOLLOWING PENDING LITIGATION CASES: MIAMI-DADE COUNTY, ET AL. V. FLORIDA POWER & LIGHT COMPANY, ET AL., CASE NO. 3D14-1467, BEFORE THE THIRD DISTRICT COURT OF APPEAL; IN THE MATTER OF FLORIDA POWER & LIGHT COMPANY TURKEY POINT, UNITS 6 & 7, DOCKET NOS. 52-040 AND 52-041, BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION; AND IN RE: NUCLEAR COST RECOVERY CLAUSE, DOCKET NO. 160009, BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS CHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFRANK CAROLLO, AND FRANCIS X. SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MÉNDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; LITIGATION DIVISION CHIEF CHRISTOPHER A. GREEN; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND XAVIER E. ALBAN. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Chair Hardemon: Calling the meeting back into order. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. I believe the Key Biscayne one will be rolled over to January 12. I'll read that shortly, but the next one we'll be starting is FPL (Florida Power and Light). On November 17, 2016, under the provisions of Section 286.011(8), Florida Statutes, the City Attorney requested the City Commission meet in private to discuss pending litigation in the cases: Miami-Dade County, et al., versus Florida Power and Light Company, et al., Case Number 3D14-1467, before the Third District Court of Appeal, in the matter of Florida Power and Light Company Turkey Point, Unites 6 and 7, Docket Numbers 52-040 and 52-041, before the U.S. Nuclear Regulatory Commission; and in re: Nuclear Cost Recovery Clause, Docket No. 160009, before the Florida Public Service Commission, to which the City is presently a party. The City Commission approved the City Attorney's request, and will now, at approximately 6:28 p.m., City of Miami Page 103 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 commence a private attorney-client session, under the parameters of Florida Statute Section 286.011(8). The private attorney-client session should conclude in approximately one hour; at which time, the regular City Commission meeting will resume. The session will be attended by the members of the City Commission, which include Chairman Keon Hardemon; Vice Chairman Ken Russell; Commissioners Wifredo "Willy" Gort, Frank Carollo, and Francis Suarez; City Manager Daniel Alfonso; City Attorney Victoria Méndez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for General Litigation Christopher Green; and Assistant City Attorneys Kerri McNulty and Xavier Albán. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the above-cited ongoing litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney-client session. Thank you, Mr. Chairman. If you don't mind, while you go upstairs, if I could announce the shade -- the future shade meeting? Chair Hardemon: Yes. Mr. Min: Thank you. Chair Hardemon: Back in session. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. I believe we concluded all the attorney-client sessions, and you can adjourn the meeting. The Manager has requested a labor executive session upstairs. Chair Hardemon: This meeting is adjourned. Mr. Min: Thank you, sir. END OF ATTORNEY-CLIENT SESSION City of Miami Page 104 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 BC - BOARDS AND COMMITTEES BC.1 RESOLUTION 1390 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR Office of the City TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Frank Carollo RESULT: NO ACTION TAKEN BC.2 RESOLUTION 1067 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR A TERM AS Office of the City DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Ignacio Abella Commissioner Wifredo (Willy) Gort ENACTMENT NUMBER: R-16-0572 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez A motion was made by Commissioner Gort, seconded by Commissioner Suarez, and was passed unanimously, to appoint Ignacio Abella as a member of the Audit Advisory Committee; 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 Ignacio Abella as a member of the Audit Advisory Committee. Commissioner Suarez: If I may? City of Miami Page 105 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Vice Chair Russell: Mr. Chairman. Commissioner Suarez: May I? I just have a point of privilege. Chair Hardemon: If we can get -- we have one more item -- Commissioner Suarez: Okay. Chair Hardemon: -- before we get to it. Commissioner Suarez: Okay. Vice Chair Russell: I've got a pocket item when you're ready. Chair Hardemon: Well, we're on -- well, first of all, we had a -- there was a Board and Committee appointment that needed a 5-5. Was that true? Commissioner Carollo: DDA (Downtown Development Authority). Mr. Hannon: Yes, sir. Actually, I have a couple, if you will entertain the next few items. Item BC.2, Audit Advisory Committee: Commissioner Gort will be appointing Ignacio Abella, with a 5-5 term waiver. Commissioner Gort: So move. Commissioner Suarez: Second. Chair Hardemon: Properly moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. BC.3 RESOLUTION 1068 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR Office of the City A TERM AS DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Chair Keon Hardemon RESULT: NO ACTION TAKEN City of Miami Page 106 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 BC.4RESOLUTION 1069 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE Office of the City FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Vice Chair Ken Russell Commissioner Frank Carollo RESULT: NO ACTION TAKEN BC.5 RESOLUTION 1070 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN Office of the City INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel RESULT: NO ACTION TAKEN City of Miami Page 107 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 BC.6RESOLUTION 1336 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS Office of the City DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Commission-At-Large (Alternate Member) RESULT: NO ACTION TAKEN BC.7 RESOLUTION 1337 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS Office of the City AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Tomás Regalado Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez RESULT: NO ACTION TAKEN City of Miami Page 108 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 BC.8RESOLUTION 1072 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN Office of the City FOR A TERM AS DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Renita Holmes Commissioner Frank Carollo ENACTMENT NUMBER: R-16-0570 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez A motion was made by Commissioner Carollo, seconded by Vice Chair Russell, and was passed unanimously, with Commissioner Suarez absent, to appoint Renita Holmes as a member of the Commission on the Status of Women; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Renita Holmes as a member of the Commission on the Status of Women. Chair Hardemon: I'm going to -- okay. You have the 2:30 time certain. It's 2:23. I see some of the individuals here from the 2:30. We can -- we probably should wait the seven minutes, just in case, would be the best thing for us to do. I know we have the RE.18. I know that Commissioner Suarez expressed a desire to be here at that time that we discuss that. Can we go through our Boards and Committees? Todd B. Hannon (City Clerk): Yes, sir. BC.8, Commission on the Status of Women: Commissioner Carollo will be reappointing Renita Holmes with a four-fifths attendance waiver. Commissioner Carollo: So move. Vice Chair Russell: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 109 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 BC.9RESOLUTION 1394 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF THE DOWNTOWN Office of the City DEVELOPMENT AUTHORITY (DDA) FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Gary Ressler DDA Board of Directors (Term: 9/1/2016 through 8/31/2020) Greg West DDA Board of Directors (Term: 9/1/2016 through 8/31/2020) ENACTMENT NUMBER: R-16-0623 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Vice Chair Russell: The DDA (Downtown Development Authority) didn't submit? Todd B. Hannon (City Clerk): It requires a five-five. Vice Chair Russell: Oh. But was it on the agenda? Mr. Hannon: (UNINTELLIGIBLE) don't? Okay. Chair Hardemon: I believe it is on the agenda. Commissioner Carollo: And why does it require a five-five? Mr. Hannon: Give me one -- my apologies. BC.9, Downtown Development Authority: Gary Ressler and Greg West. The DDA is requesting the confirmation of Gary Ressler and Greg West. Vice Chair Russell: Those do not need a five-five? Mr. Hannon: Correct. Vice Chair Russell: Move it. Commissioner Carollo: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Commissioner Carollo: And the reason for the five-five? City of Miami Page 110 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Mr. Hannon: Term waiver, sir. Vice Chair Russell: I couldn't hear you. Mr. Hannon: Term waiver. Vice Chair Russell: That's for the two that aren't mentioned? Mr. Hannon: Correct. Vice Chair Russell: We're holding that because we don't have five; is that correct? Mr. Hannon: Yes, sir. Correct. That would be Danet Linares and Alan Ojeda. Vice Chair Russell: Can we table that till when we do have five (UNINTELLIGIBLE)? Mr. Hannon: Oh, yeah, absolutely. Vice Chair Russell: Thank you. Mr. Hannon: I can bring it back when we have five. (BC.9) RESOLUTION 1544 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF THE DOWNTOWN Office of the City DEVELOPMENT AUTHORITY (DDA) FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Danet Linares DDA Board of Directors (Term: 9/1/2016 through 8/31/2020) Alan Ojeda DDA Board of Directors (Term: 9/1/2016 through 8/31/2020) ENACTMENT NUMBER: R-16-0624 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez A motion was made by Vice Chair Russell, seconded by Commissioner Suarez, and was passed unanimously, to appoint Danet Linares and Alan Ojeda as members of the Downtown Development Authority; 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 Danet Linares and Alan Ojeda as members of the Downtown Development Authority. Todd B. Hannon (City Clerk): BC.9, Downtown Development Authority: The DDA is requesting the confirmation of the following members: Danet Linares, who City of Miami Page 111 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 requires a 5-5 term waiver and Alan Ojeda, who also requires a 5-5 term waiver. Vice Chair Russell: Move it. Commissioner Suarez: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. BC.10 RESOLUTION 1074 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR A TERM Office of the City AS DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Michelle Fernandez Commissioner Wifredo (Willy) Gort ENACTMENT NUMBER: R-16-0571 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Todd B. Hannon (City Clerk): BC.10, Education Advisory Board: Commissioner Gort will be appointing Michelle Fernandez. Commissioner Carollo: Move it. Commissioner Gort: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 112 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 BC.11RESOLUTION 1338 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR Office of the City A TERM AS DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Miriam Urra Commissioner Wifredo (Willy) Gort ENACTMENT NUMBER: R-16-0573 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez A motion was made by Commissioner Gort, seconded by Commissioner Suarez, 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): BC.11, Equal Opportunity Advisory Board: Commissioner Gort will be reappointing Miriam Urra, who requires a 5-5 term waiver. Commissioner Gort: Move it. Commissioner Suarez: Second. Chair Hardemon: Been properly moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 113 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 BC.12RESOLUTION 1076 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS Office of the City DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Tomás Regalado Chair Keon Hardemon Vice Chair Ken Russell RESULT: NO ACTION TAKEN BC.13 RESOLUTION 1391 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A Office of the City TERM AS DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Pierre Laurinus Chair Keon Hardemon ENACTMENT NUMBER: R-16-0574 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Todd B. Hannon (City Clerk): BC.13, Health Facilities Authority Board: Chair Hardemon will be reappointing Pierre Laurinus. Commissioner Carollo: Move it. Commissioner Gort: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 114 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 BC.14 RESOLUTION 1080 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY Office of the City FOR A TERM AS DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Eli Feinberg Commissioner Wifredo (Willy) Gort ENACTMENT NUMBER: R-16-0575 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez A motion was made by Commissioner Gort, seconded by Commissioner Suarez, and was passed unanimously, to appoint Eli Feinberg as a member of the Miami Sports and Exhibition Authority; 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 Eli Feinberg as a member of the Miami Sports and Exhibition Authority. Todd B. Hannon (City Clerk): BC.14: Commissioner Gort will be reappointing Eli Feinberg, with a 5-5 term waiver. Commissioner Gort: Move it. Commissioner Suarez: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. BC.15 RESOLUTION 1340 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE OVERTOWN ADVISORY BOARD/OVERTOWN Office of the City COMMUNITY OVERSIGHT BOARD FOR A TERM AS DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Keon Williams Chair Keon Hardemon City of Miami Page 115 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 ENACTMENT NUMBER:R-16-0576 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Todd B. Hannon (City Clerk): BC.15, Community -- Overtown Advisory Board/Overtown Community Oversight Board: Chair Hardemon will be appointing Keon Williams. Commissioner Gort: Move it. Commissioner Carollo: Move it. Chair Hardemon: Second by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. BC.16 RESOLUTION 1081 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD Office of the City FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell City Manager Daniel J. Alfonso RESULT: NO ACTION TAKEN City of Miami Page 116 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 BC.17RESOLUTION 1405 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD Office of the City FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Andres Althabe Vice Chair Ken Russell Anthony Parrish Vice Chair Ken Russell ENACTMENT NUMBER: R-16-0577 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Todd B. Hannon (City Clerk): BC.17, Planning, Zoning & Appeals Board: Vice Chair Russell will be appointing Andres Athalbe and Anthony Parrish. Commissioner Gort: Move it. Vice Chair Russell: Move it. Second. Commissioner Carollo: Second. Chair Hardemon: Quick discussion. I know that we just recently had the opening, and I had -- we had some people that applied, and some people applied late, and you had a number of different things like that. There are still openings that are available on the PZAB (Planning, Zoning & Appeals Board) Board that I can appoint from my office, correct? I think I had -- Nicole N. Ewan (Assistant City Clerk): Yes, Chair, you do have one vacancy. Chair Hardemon: I have one, right? Ms. Ewan: That is correct. Chair Hardemon: Good. All right. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Mr. Hannon: That does it for the boards. Chair Hardemon: Thank you. City of Miami Page 117 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 BC.18RESOLUTION 1342 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE SEA LEVEL RISE COMMITTEE FOR A TERM AS Office of the City DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Commission-At-Large RESULT: NO ACTION TAKEN BC.19 RESOLUTION 1083 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE SENIOR CITIZENS' ADVISORY BOARD FOR A Office of the City TERM AS DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Vice Chair Ken Russell RESULT: NO ACTION TAKEN City of Miami Page 118 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 BC.20RESOLUTION 1084 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD Office of the City (UDRB) FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez RESULT: NO ACTION TAKEN BC.21 RESOLUTION 1085 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR Office of the City TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Gene Tinnie Mayor Tomás Regalado Maud Newbold Commissioner Wifredo (Willy) Gort ENACTMENT NUMBER: R-16-0578 City of Miami Page 119 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez A motion was made by Commissioner Gort, seconded by Vice Chair Russell, and was passed unanimously, to appoint Gene Tinnie and Maud Newbold as members of the Virginia Key Beach Park 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 Gene Tinnie and Maud Newbold as members of the Virginia Key Beach Park Trust. Todd B. Hannon (City Clerk): BC.21, Virginia Key Park Trust: Mayor Regalado will be reappointing Gene Tinnie, with a 5-5 term waiver; and Commissioner Gort will be reappointing Maud Newbold, with a 5-5 term waiver. Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon: Been properly moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. BC.22 RESOLUTION 1343 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM Office of the City AS DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Stuart Sorg Commissioner Wifredo (Willy) Gort ENACTMENT NUMBER: R-16-0579 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez A motion was made by Commissioner Gort, seconded by Vice Chair Russell, and was passed unanimously, to appoint Stuart Sorg as a member of the Waterfront 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 Stuart Sorg as a member of the Waterfront Advisory Board. City of Miami Page 120 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Todd B. Hannon (City Clerk): And finally, BC.22, Waterfront Advisory Board: Commissioner Gort will be reappointing Stuart Sorg, who requires a 5-5 term waiver. Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Mr. Hannon: Thank you, Chair. Chair Hardemon: You're welcome. END OF BOARDS AND COMMITTEES City of Miami Page 121 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 BU - BUDGET BU.1 BUDGET DISCUSSION ITEM 1294 MONTHLY REPORT Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF Budget MANAGEMENT AND BUDGET) II. SECTION 18-502 (CITY'S ANTI-DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair Hardemon: BU.1. Took you a couple seconds, but you heard. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management and Budget. We're only 68 days into the fiscal year, so there aren't quite enough data points to put a meaningful projection together, but there are a few items that we've noted that are putting some stress in a couple of areas of the budget that I'd like to bring your attention to. We're watching costs associated mainly in Police, Fire, and Solid Waste, associated with Zika response, Hurricane Matthew, and the spontaneous gatherings after the death of Fidel Castro. These are obviously things that we did not budget for, and causes expenses in those departments, so we're keeping an eye on it. We're also watching the Police budget because we're allowing them to hire above their stated head count in anticipation of more than a hundred officers leaving in the month of September, so that will also put a stress on the City's budget. If you'll recall, we did something like this two years ago with the Fire Department, when we knew that there were a large number retiring. That is really all I need to bring to the Commission's attention; be happy to take any questions you have. Chair Hardemon: Seeing no questions, thank you very much, sir. Mr. Rose: Thank you, Commissioners. END OF BUDGET City of Miami Page 122 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 1354 DISCUSSION ON THE STATUS OF HIRING POLICE OFFICERS. Department of Police RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item D1.1, please see Chair Hardemon: DI.1. Chief? Daniel J. Alfonso (City Manager): Yeah. Commissioners, for the Police hiring, we sent you a memorandum. We're up to 140 -- I mean 1,348 officers. We're actually about 10 -- 15 police officers above our Table of Organization, roughly. The grant that was approved today will grant us 15 more, so that will put us about 10 above our Table of Organization. Our goal is to continue to hire so that we get to somewhere around 40 or 50 above the TO (Table of Organization), so that by September, when we lose those 90, we're only about 40 or 50 below. But that will -- like Chris just said, that will stress the Police budget. It's possible they might need an amendment at the -- before the end of the year. And I also would like to ask, since we are currently well above the minimum -- or the staffing level, if we really -- you guys -- if the Commission wishes to continue to have this report on a regular basis, or do you want to put it like every six months on the agenda? Vice Chair Russell: Every six months is fine with me. Chair Hardemon: Well, I mean, considering the fact that you're going to have some retiring, many retiring, and I know you're doing the increase in the hiring, so the number who are being hired, maybe during this time, we should still continue to monitor it, because the difference -- Mr. Alfonso: Okay. Chair Hardemon: -- may bring us to a number that's not sufficient. Mr. Alfonso: No problem. Commissioner Gort: Yeah, that was my main worry, that in 2017, you're going to have about a hundred people leaving at the same time. We want to make sure we -- Mr. Alfonso: Right. Commissioner Gort: -- prepare for that. Mr. Alfonso: September of 2017, we have about 95, I believe, are left that will leave only one shot, which is the goal of why we're currently above our Table of Organization number. And our goal is to get to about 40 or 50 above, so that when City of Miami Page 123 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 those 95 leave, we're only about 40 or 50 below, and then we'll continue hiring; we're not stopping. Chair Hardemon: Chief, with the new people that you were able to bring in, does that give you the ability -- or do you foresee -- better yet, I don't want to assume an answer in my question. So what I'll ask you is: Do we currently have teams that you use to help combat different issues that we have within the community, such as drug sales that lead to drug overdoses and things of that nature? Rodolfo Llanes: Yes. The -- Rodolfo Llanes, Chief of Police. The current configuration that we're using, and what I've augmented are all the problem-solving teams in all the areas throughout our neighborhoods in the City. I also have added a VIN (Vice, Intelligence & Narcotics) unit, which we didn't have for a while, to do undercover buys, in order to stem that tide of issues that we're having there at Overtown, with the Fentanyl issue that we're all addressing right now. Chair Hardemon: You know, when I was just recently in Overtown, I parked my car -- no I was get -- I was already parked there, because I was going to an art show in one of the performing arts centers that's in Overtown. And so, I watched two guys park where I was parked, which is right near Jackson Soul Food. They walked down the street. And we all know the walk; it's a certain -- it's a -- someone -- you walk with a purpose is almost -- I can describe it. So you're out of place, you're walking with a purpose, and I just watched them walk to the area where they were going to make a buy. Unfortunately, I had my wife and child with me, so I didn't, you know, turn in the direction in which they were going, but I went in the other direction. But I said that to say I know that with these teams and with the surveillance, we can really put a huge dent in it. We also -- I spoke with the Manager -- where we have -- such as on 1st Court and just south of 14th Street -- where we're having a lot of problems with a lot of gathering and drug sales and such, and use going on there, increasing the lighting in those areas, so that it becomes a bit uncomfortable, and also easier for the officers to identify those by features who are participating in these types of activities. And, you know, what I would really love your assistance with, Chief -- and I'm not giving you any direction, of course, because I can't do that. But, you know, when I think about police reports and I think about arrest affidavits, you know, because I've read so many of them, I know many times, when there's a drug sale or a buy, they describe the location; and many times, it is, say, outside of Overtown, say 48th Street, 7th Avenue. But we know that if we want to use our nuisance abatement laws, we have to be a bit more specific. So if a sale is actually happening on a property, a private property, then we identify that property. And we -- if we -- the officer notices that, you know, if something happened on 655 Northwest 48th Street, then that's where we assign him to, instead of 6th Street and -- I mean 6th Avenue and 48th Street, so that we can really start to hold the property owners accountable, because if the property owner is going to allow someone to sell drugs out of their units, then maybe the City of Miami should own those -- that apartment unit -- that apartment building. And so, we need to start that process so that we can do as much as we can, really, to start to holistically battle this issue, because, you know, just busting the buyers and then a seller every once in a, you know, blue moon is not going to help us, you know; and especially where -- and these officers that are there, they know the people, they know the faces, they know the characters. So you learn to know who's in your neighborhood for the wrong reasons, for the right reasons, and I think that with that knowledge, you all can make a real big, you know, dent in this whole situation, because the problem for us -- and I think the Mayor of the County just asked if I wanted to be on a committee about opiate addiction, et cetera. I'm sure he probably reached out to you, as well. And, you know, part of the issue is it's not just the drug, but it's the location of the jail release, where they could buy from, and people come from all over the -- it's a number of different things that make this a hard issue for us, but whatever we can do, short of jumping out, you City of Miami Page 124 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 know, on people -- and I know that you don't act in that fashion -- we should do. You know, I think it's a duty that we owe to all of us, because all that we hear is "Drug overdose Overtown, drug overdose Overtown," and there's so many great things that are going on in that neighborhood. And if they were selling drugs in Coral Gables, you would hear, "Drug overdose, Coral Gables, drug overdose, Coral Gables," but for some reason, they feel free to roam the community there and cause havoc in that community, and everyone's watching. Personally, I've witnessed at least five overdoses, two deaths, so, you know. Chief Llanes: It's a huge problem, and, you know, we just met with the U.S. (United States) Attorney to try and coordinate all our efforts together to address the issue. We do know where the epicenter is. I mean, everybody in the County is very well aware, and so is the U.S. Attorney. So we're working several different angles. And, you know, about a month and a half ago, we made over 35 arrests on buys from sellers. So we're still spinning that investigation and trying to catch some more sellers, and we will continue to do that. There is a big difference in how you attack a street corner sale as opposed to what you're talking about, where we can identify an actual location, and we do attack it in different ways, so that is our tack, and we're trying to get more partners onboard. Everybody's well aware of what the issue is. It is a national issue; it's not local, to us; and so, it's gotten a lot of attention, which is good, so that we can get more resources to attack the problem; not just from us, but we can get our Federal partners onboard, also. Chair Hardemon: If we can get our dear friend -- our prosecutor, Kathy Fernandez Rundle, to be a little bit more stingy with the plea offers in those types of cases in those neighborhoods, for those types of crimes, that would be great, also. Chief Llanes: Well, we are also actively pursuing to see if we can get -- to try and get a homicide prosecution on an overdose of those deaths. She's trying very hard to find one case -- or a number of cases that she can actually take to trial and try to put those guys away for quite a while, so she's very active in that, also. Chair Hardemon: Thank you very much. Are there any other questions for our Chief? Seeing none, thank you very much, Chief. DI.2 DISCUSSION ITEM 1367 A DISCUSSION REGARDING A REVIEW OF ORDINANCE NUMBERS 13587 AND 13594, ADOPTED JANUARY 28, 2016, Department of PURSUANT TO AGENDA ITEMS SR. 2 AND PZ. 21, REGARDING Planning and THE APPEAL PROCESS FOR THE DENIAL OR REVOCATION OF Zoning A CERTIFICATE OF USE AS DESCRIBED IN CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED AND IN ARTICLE 7, DIVISION 1 OF THE MIAMI 21 CODE. RESULT: DISCUSSED Chair Hardemon: DI.2. Francisco Garcia: Thank you, Mr. Chair. Francisco Garcia, Planning & Zoning director. DI.2 is an item that allows us to report back to you, at your request, to inform that the ordinance passed on January 28 of this year, so approximately a year ago, granting the City Commission the ability to review on appeal, revocations of City of Miami Page 125 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 certificates of use, or appeals to the revocations of a certificate of use has yielded a good result. It has served, in part, as a deterrent, and it has certainly not created an overload of cases coming to the Commission, as we have essentially seen none or no new ones over the last year. That being the case, we respectfully request that the ordinance be left in place. And if you care for us to report back in some period of time, we're happy to do it, but once again, it is bearing the fruit that we expected it would. Chair Hardemon: Can you just do me a favor? Just be clearer with what you said for those who are at home that may not quite understand exactly the way you just put it? Mr. Garcia: Certainly. And the present ordinance allowed the City Commission, approximately a year ago, to serve as the board of last review for revocations of certificate of use. And so, the certificate of use, as we know, is a document that is issued to any business in the City of Miami; and by the way, that business can also include multifamily accommodations from three units and up. And so, all of those uses of the land or of buildings are subject to the CU requirements -- certificate of use. That certificate of use is issued is issued ultimately by the Planning & Zoning Department -- the Zoning Office within the Planning & Zoning Department -- and signed off by the Zoning Administrator. So they are issued administratively. The Zoning Administrator is the person who signs off on those. But there is the ability to revoke those certificates of use if certain conditions are not met, or if it is found that it was issued in error, as has happened in the past. However, the beneficiary of a certificate of use, should it be revoked, has the ability to appeal that revocation, first to the Planning, Zoning and Appeals Board of the City of Miami; and if they should be unsuccessful, how they can also, by way of this ordinance, appeal that decision to the City Commission. Prior to the passing of this ordinance now in question, they did not have the ability to do that. They would have had to go to a court of competent jurisdiction. So we -- I have represented to you, to this Commission that the ability for citizens of the City of Miami to have that additional recourse to appeal to this body to have their case heard has been a benefit, and we would recommend that the ordinance be left in place. Chair Hardemon: Thank you very much. Any further questions about it? Thank you, sir. Mr. Garcia: Thank you. DI.3 DISCUSSION ITEM 1384 A DISCUSSION REGARDING AUDIT NO. 15-012 AUDIT OF ADMINISTRATIVE TOWING FEES AND AUDIT NO. 16-10 AUDIT OF OFF-DUTY POLICE EMPLOYMENT ACTIVITIES. Office RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item D1.3, please see Chair Hardemon: DI.3. City of Miami Page 126 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Rodolfo Llanes: Rodolfo Llanes, Chief of Police. You would like to discuss towing or off duty first? Commissioner Carollo: Chief, it doesn't matter to me. I just want to know if the findings are corrected or not. Chief Llanes: Yes. Some are corrected and some are in progress, and so, we'll start with the towing. Would you like me to go point by point or overview? How would you like for me to do that? Commissioner Carollo: So let me be very specific with the towing. And is an integrated billing system in place? Chief Llanes: I'm sorry? Commissioner Carollo: Is there an integrated billing system in place? Chief Llanes: No. At the last Commission meeting, you approved the funding for a IT (Information Technology) solution software in order to better track the towing and collect the fees. We are still working under the old system right now. Commissioner Carollo: Yeah. Well, the problem is that in all the findings where they say their recommendations, and then the Police Department or someone -- the Administration mentions the implementation date, all those dates have passed. Chief Llanes: Yes. There's -- Commissioner Carollo: And we're still -- Chief Llanes: -- are some that -- Commissioner Carollo: -- not -- Chief Llanes: There are some -- that system has not been procured yet, but, you know, the signage, the monitoring of the towing, all of those things have been implemented. The signage requirement, we went ahead and did it, and photographed all of the required signage. In the monitoring of the tow companies, we have done that, also. Commissioner Carollo: Have you issued a report to the Auditor General stating that? Chief Llanes: I have not, no, sir. Commissioner Carollo: Because last time that I checked with the Auditor General that he checked to see if some of this had been done, he was under the impression that none of it has been done. Chief Llanes: A lot of it has been accomplished, but we have not reported it. The final -- it's not a final solution, but the best solution is the purchasing of the software, which will make it easily trackable and searchable for the towing issues. Commissioner Carollo: Yeah. The City would be properly paid and the public would be properly charged. Chief Llanes: Correct. City of Miami Page 127 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Commissioner Carollo: It's my understanding that right now, there's really no way to reconcile what the towing companies owe us, so realistically, the City has to ask the towing company, "What do you all owe us?" There's no way to reconcile that. Chief Llanes: Correct. Commissioner Carollo: And if I'm misspeaking, then someone correct me, but that's my interpretation. So that's, I think, extremely important. And it was stated that it was going to be, you know, fixed by now, and it still hasn't. So by when is it going to be fixed? By when do we have an integrated billing system? Chief Llanes: The integrated -- we just approved it, so we're in the process of procuring the system. Commissioner Carollo: Which will take how long? Can we have Procurement come up, Mr. Manager? Daniel J. Alfonso (City Manager): Just give us a minute, sir. Commissioner Carollo: Thank you. Chief Llanes: I believe it's going to have to come back as a sole source, right? Commissioner Carollo: Do you want to speak? Chair Hardemon: Procurement, come on down. Commissioner Carollo: Do you need to speak? Mr. Alfonso: Our Procurement director has left the building. Chair Hardemon: Commissioner Gort. Commissioner Gort: Let me ask a question. This is very unique software? Chief Llanes: Sorry, sir? Commissioner Gort: Is this a competitive software, where they have many vendors to provide it, or it's the same --? Chief Llanes: I don't think there's that many vendors up there -- out there for this kind of software, so I'm not sure at this point if we're going sole source or if we're going to competitively bid it out. Mr. Alfonso: We're going to have to get back to you on the question as to when the procurement will be completed, sir. Commissioners, our Procurement officer is not here at this time. Commissioner Carollo: Just for future references, I would prefer a report that's written so that I could look at it before it comes to Commission; it's not just talking. I kind of -- I would really like to see, you know, a documentation of this. And let's table this part of it. We'll come back once the Procurement director is here. Chief Llanes: Okay. Commissioner Carollo: With regards to the off duty, there were several findings. One of them was Finding 6, that we dealt with in the Commission today; however, as City of Miami Page 128 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 I mentioned months ago that I didn't want to just deal with that finding. I wanted to deal with the whole report, because, just like in the towing contract, at the time that this report came out, all the dates -- the implementation dates came and passed, and no one did anything. So I thought that -- You know, these reports are only as good as our follow-up, and really holding everybody accountable. Anyways, the bottom line is that the off duty had various findings, and I thought some of them could be solved rather quickly, so I wanted to see how many have been solved and where are we with those. Chief Llanes: Okay. So the maximum allowed off-duty jobs per person -- The off- duty track system that we have right now kind of disqualifies you from bidding, I guess you would call it, for an off-duty assignment if you have worked already. That tracking system is very difficult, cumbersome at this point, to be able to send an email -- Commissioner Carollo: Chief. Chief Llanes: -- to a supervisor. Commissioner Carollo: Chief, if I could, let me just get down to the point. Has IT (Information Technology) added input controls into the off-duty track system? Chief Llanes: No. Commissioner Carollo: Why not? Chief Llanes: Because we're trying to find either an off-the-shelf solution or a buildout to the current system that we have right now. Commissioner Carollo: Has IT program -- track going to allow newly promoted officers to bid jobs at their new rank? Chief Llanes: Yes. Commissioner Carollo: Okay. So that issue is solved, which is why I -- Chief Llanes: Yeah. That issue was -- Commissioner Carollo: -- I think that was Finding 3. Chief Llanes: -- a ministerial issue with the program. You -- Off-duty track is not a payroll system; it's just a sign-up system. So the audit showed that officers were working up in their classification, but that's not the case. The case is it just rank -- kind of got tracked in the wrong system. Commissioner Carollo: Well, the finding was there, and you didn't contradict the finding. You said it was there. The only issue that I had is that you said you would fix it by sometime next year and -- Chief Llanes: Well, the ultimate -- again, the final solution to the issue is a new system that we can -- and the Manager and us have been meeting for quite a while to try and get all off duties paid through City payroll. That would fix the entire train, so to speak. If we get that in place, everything else will fall in place. Commissioner Carollo: I'm glad for you to say that, but at the same time, have you discussed this with our Auditor General? City of Miami Page 129 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chief Llanes: I personally have not; no, sir. Commissioner Carollo: Okay. Chief Llanes: My staff has. Commissioner Carollo: So there's that lack of communication that I see everywhere, because he did the findings. So I want to make sure that what you're saying, he agrees with; that that will resolve the finding. Chief Llanes: Okay. Commissioner Carollo: He had recommendations here, but -- so I think that communication needs to happen. You said that in Finding 3 -- and you didn't say Finding 3. I just know that the program track for the newly promoted officers is Finding 3. Was at any moment discussed with the Auditor General that that has been fixed? Chief Llanes: My staff discussed that, yes. Commissioner Carollo: Okay. Because I spoke with him recently, and that's not what I -- Chief Llanes: Okay. Commissioner Gort: He's right here. Commissioner Carollo: I understand. I see him. Commissioner Gort: He's here. Commissioner Carollo: Chief, with Finding 4 -- again, this is an easy one -- are reviews being done monthly? And again, I ask this, even though, like I said, it's -- Chief Llanes: Well, the problem was that, again, we used the off-duty track system to then say that it was billed. The payroll is done manually, after the fact, and so there should -- there was -- we didn't see anything that off-duty track doesn't do a billing system. It -- the billing system is then done manually in Payroll, and so, that shouldn't have been an issue that came up if you only use the IT -- the tracking system. It's just to track; it's not to do payroll. So the payroll is done after the fact manually, so the off-duty tracking is just to sign up and organize that function of it, and the payroll is done separate. So nobody should have been charged for extra or under, or anything like that. Commissioner Carollo: So with that said -- and I know our Auditor is here. I want to ask, do you feel confident that that issue has been resolved, Mr. Auditor? If you could please come up. Chair Hardemon: Sir, can you take this lectern here, please? No, no, no; please, this one. You should know not to walk up on an officer like that. Ted Guba: Ted Guba, Auditor General, City of Miami. I have not looked at -- followed up on any of this or -- and we have not discussed this since the release of the audit a couple of months ago. Commissioner Carollo: Okay. The Chief just said that with Finding Number 3, they let your office know, so. City of Miami Page 130 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Mr. Guba: And what I'd suggest on both the towing and this report, if there's been progress made, if you could currently address the implementation status and we can meet and we can discuss it and -- you know, because the towing was to be completed. We had attended meetings back in November of last year that you people had suggested some software. There were two presentations given, which we had attended, and they were supposed to be evaluated and tested and -- by February of last year. Chief Llanes: Okay. Mr. Guba: And we didn't hear anything, you know, since, but if -- You know, we would like to be in the loop, too, because, I mean, it's our responsibility to follow up on the implementation or recommendations. Chief Llanes: I'll do that. Commissioner Carollo: Thank you, Chief. In Finding Number 5, again, this one, I thought was relatively easy, especially uncollectible accounts that have been over 10 years, seven years. I think it's fair to say that we're not collecting that money; it should be written off. Did you get with Finance Department and write those off? Chief Llanes: The -- My budget unit is currently in the process of trying to identify which of those are very late and what companies are still viable may -- we may still be doing business with in order to either write off or collect. Commissioner Carollo: Well, I'm seeing that you have 10 to almost 14 years of uncollectible accounts. Chief Llanes: We just haven't written them off, so we'll do that. Commissioner Carollo: I think it's fair to say that those -- Chief Llanes: That we won't collect. Commissioner Carollo: -- you know, and I don't think it should be something that will take until September 2017 to fix. Chief Llanes: No, that won't. Commissioner Carollo: And listen, I know our Finance director is a very good director, and I'm sure he can do what's necessary. Do you understand what I'm saying, Director Fernandez? To have uncollectible accounts over 10, 13 years -- Jose Fernandez (Director, Finance): Yes. Commissioner Carollo: -- and it's never been written off. Mr. Fernandez: Jose Fernandez, Department of Finance. We're actually working with the City Attorney's Office to give us the authority to actually take them off the books, because, I mean, we set up an allowance for it, so they have no financial impact, but we don't have any authority to, like, completely take them off. So we're working to get language -- either a resolution or amend the Code -- to give us that authority. There's nothing in the Code that gives us the authority to write something off the books, so we want to have the authority to be able to say that we can take it off the books without -- you know, because there's no authority today for us to just remove them. City of Miami Page 131 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Commissioner Carollo: Mr. Auditor, that's new -- do you know about --? Mr. Guba: I wasn't aware of that. I mean, the -- we have -- the CPA (Certified Public Accountant) has certified the statements, and they go over the aging of that. Commissioner Carollo: That's what -- that was my understanding. Mr. Fernandez: Yeah. We could write them off the book, but there's no -- we don't have any legal authority to do so today. There's nothing in the Code or a resolution, or anything that gives us the ability to do that. Mr. Alfonso: We create a contra-asset account. So, in other words, it has no financial impact after "X" number of days, but the ability to write off the receivable, we do not have, legally, so it's something that the Finance director is working on to bring to Commission. Commissioner Carollo: When would be the implementation date, more or less? Mr. Fernandez: Actually, I wanted to see if we can get it done before we issued a CAFR (Comprehensive Annual Financial Report), so we can take them off before the CAFR. So, hopefully, between now and March; prior to March 31. Mr. Alfonso: Well, Commissioner, through the Chair, since this will be an ordinance, likely, we will either need a sponsor in the Commission, or have to go through the 60-day waiting period. Commissioner Carollo: You have a sponsor right here. I just want -- Mr. Alfonso: Thank you, sir. Commissioner Carollo: -- I -- what I don't want is that all this, once again -- you know, all the good work of our Auditor just brushed under the rug, and nothing gets done; there's no accountability. Mr. Alfonso: I'm sorry. Commissioner, I'm sorry. This work of the Auditor is not being swept under the rug. I'm the one who asked for both of these audits. Commissioner Carollo: Right. And I'm glad that you asked for these audits, but it does no one any good if he does the audit and we just shelve it. So when we ask for something, if we don't like the results -- you know, it is what it is. So we need to move forward and do exactly what the recommendations are, and if there's some contradictions, then, you know, that's where you have the discussion. But the bottom line is, yes, so you asked for the audit. I'll pat you in the back. Congratulations. However, once you get the results, if you shelve it away and do nothing, that doesn't do anybody any good. Mr. Fernandez: I mean, we've actually been wanting to do this prior to this, so we're not reacting to the Auditor's report. It's something that we just wanted to do, and we just, you know, for one way or the other, it's just delayed, but our intention is to -- Give us something, either through a resolution or amending the Code that'll give us the authority to take them off. Commissioner Carollo: I appreciate that, Mr. Fernandez. Mr. Fernandez: Okay. City of Miami Page 132 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Commissioner Carollo: Thank you. Chair Hardemon: Any further discussion on this item? Seeing none, thank you very much, sir. DI.4. Commissioner Carollo: And Mr. Chairman, before we go to DI.4, I just want to make sure that we have a follow up. I don't necessarily have a date, but I want to make sure that -- and I guess I'll have that follow up with the Auditor, to make sure he received some type of report stipulating that all the findings have been corrected, and when they have been corrected. Thank you. Mr. Guba: Okay. Chair Hardemon: Thank you. DI.4 DISCUSSION ITEM 1454 DISCUSSION REGARDING A PLAN TO ADDRESS ISSUES OF SWALES IN AREAS WITH PARKING ISSUES. Commissioners and Mayor RESULT: DISCUSSED Chair Hardemon: DI.4. Swale -- Commissioner Gort: Gentlemen, I have this problem, and I think it's all through the City. It's called "the swales," and although some people think that we could -- we should be able to reduce parking facilities, in my neighborhood, on night and the weekend, as you drive through our neighborhood, there's a lot of cars parked in the swales. I get -- that's the most complaint that I get from my neighbors, is the swale, dirt, and nothing takes place. And in talking -- I've been talking this for the last three years, asking the CIP (Capital Improvements Program) to come up with a solution, come up with a plan. My understanding is the best solution they can come up with is to create the asphalt. But then, if they place asphalt, they have to open and create the storm water system to go along, because once you put the asphalt, and you have the water, when it rains, it's got to go somewhere. So my understanding, that becomes very expensive. But I would like to see something put together, because I have a lot of problem with -- I don't know if you guys do it in the City. We tried all kind of materials, and they don't work. Vice Chair Russell: Mr. Chair. Chair Hardemon: Yes, sir. Vice Chair Russell: Commissioner Gort, I agree with you. And in the Golden Pines portion of my district, they have a very similar problem, and Jeovanny has been working with us to find the solutions. And one of the best examples we've seen is from your district, I believe, with the curb and V-gutter; probably the more expensive of the ways. Commissioner Gort: More expensive, yes. Vice Chair Russell: But a great solution. Commissioner Gort: Yes. City of Miami Page 133 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Vice Chair Russell: So in our case in Golden Pines, rather than the milling and resurfacing Band-Aid, if you will, we're going to wait, plan it properly, gather the budget to do it the right way, because I think it makes a tremendous difference on the -- I mean, on the parking, especially, because once you got the curb, you really start to control -- Commissioner Gort: Sure. Vice Chair Russell: -- how much parking on the swale there is. You need -- the drainage issue. We don't want it to be a dust bowl. Commissioner Gort: And you can still create the corners, where you can have green grass and some trees, and so on, so we will not go away from. Well, I've been asking for quite a bit, and they keep coming back with the same solution, but we need to find the funding. Daniel J. Alfonso (City Manager): Through the Chair, Commissioners, as you know, we're scheduling meetings with you to talk about the next -- or the -- bringing back the GO (General Obligation) bond for -- to try to get it on election on next November. This is something that we can put on that, I mean, because it is a lot more expensive to do this type of street renovation than simply milling and resurfacing. And so this is something that we should consider in this -- at this time. Commissioner Gort: The only thing I'd like to add is the Public Works to coordinate with Miami-Dade County and Water and Sewer, with the Department of Water for the County. We -- Jeovanny, what was the -- that one with -- prior to that we did in conjunction with the County? It came out beautifully, between 12th Avenue and 17th Avenue, so that people between 10th Avenue and 7th Avenue, they wanted to know, well, how come they didn't did it on that side of the equation. So I don't know if they coordinated with you, like we did with this one. We can put our funding together and we were able to do the whole thing. Jeovanny Rodriguez: That's great. Commissioners, Jeovanny Rodriguez, director of Capital Improvements. And the Northwest 33rd Street Project, which is the one that you're talking about, which is the same one that we put as an example, Commissioner Russell. It's -- it was a great project in there. We did coordinate it with Miami-Dade Water and Sewer. We got into a JPA (Joint Partnership Agreement) with them. We actually put in the -- we designed and put in the waterlines for them as we were doing our project, and it worked out beautiful. So we are doing that kind of coordination with them. We currently have about eight of our projects that had the same situation. It is taking us a little longer to do the project, because once we bring Miami-Dade Water and Sewer onboard, you know, it's taking a little bit of time to finalize the JPA and so on, but we working with them in trying to speed that up, but I agree 100 percent. We are continuing with that coordination, and I think that's the right way to do it. Commissioner Gort: Now, any work that they do there, they have to pull a permit with the City. Chair Hardemon: Right. Mr. Rodriguez: Yeah. Well, the way that we -- We have a master agreement with Miami-Dade Water and Sewer now that allow us to do work, and they reimburse us 100 percent for the design and the construction. So what we do is, we incorporate it as part of our projects. Our engineers do the design as we're designing the rest of the road, and the permit and all of that is included through our work. Our City of Miami Page 134 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 contractor builds it, we pull the permits for everything, and what Miami-Dade Water and Sewer is -- what they -- when we're installing the lines, their inspectors come in and inspect that portion of the work. Commissioner Gort: Yeah, because I know there was some work done east of Northwest 10th Avenue between 29th Street and 35th Street, but I don't think it was coordinated with us. Mr. Rodriguez: No. If they're doing work -- because they're also doing a lot of work outside of our projects. If they are doing a work that has -- not in coordination with Capital Improvements, then what they do is, they pull a permit from Public Works Department, and that's picked up from that side. Commissioner Gort: Okay. So you guys -- Mr. Manager? Mr. Alfonso: Yes, sir. Commissioner Gort: You guys going to make a projection of what it would cost to do the --? Mr. Alfonso: Yes. We'll have to work with our Public Works and CIP to look at all the streets that need that kind of treatment, and we'll come back. It'll be a big number, but it's something that then this Commission can consider when we do the GO. Chair Hardemon: Now, hopefully, it won't take as long as it takes me to get my list of my alleyways in District 5 that are improve -- so I can make some improvements there. We're still waiting on that; still waiting on it. We need help. Vice Chair Russell: Thank you. Mr. Chairman. Chair Hardemon: You're recognized, Vice Chairman. Vice Chair Russell: Mr. Manager, since you mentioned the general obligation bond, obviously, we didn't get it done this last time. The reasons were all put forth on the dais. I'm in favor of it. If we don't -- if we can do it within our existing bonding capacity, we need these things. And it's my understanding from you and from Capital Improvements that we cannot do it under our current budget; the things we want to do with regard to resiliency, affordability, our roadways, our drainage system. I think we need this, and I think that it will be the will of this Commission. I can't speak for everyone, obviously, but if it's brought in the right way and the right public input is taken, the right Commission input is taken, I think we can get it to this November and I think we can get a "yes." What are you doing differently this time that will get us there? Mr. Alfonso: Well, Commissioners, we're bringing it to you; we're taking your input; we're going to go to the community meetings and tell them what we're trying to do. I mean, I -- Vice Chair Russell: Do you have a timeline? Mr. Alfonso: We've already requested meetings with you. I -- I mean, Fernando, go ahead. I think some are scheduled for next week. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. City of Miami Page 135 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Commissioner Carollo: When you say, "We're taking input from you," who is "you"? Because -- Mr. Alfonso: Commissioners. Vice Chair Russell: (UNINTELLIGIBLE). Mr. Alfonso: Commissioners. And you've been asked to meet, as well, sir. Commissioner Carollo: I'm going to leave it as is. But, Mr. Vice Chair, I don't see any difference from the last time. Vice Chair Russell: That may be the case. I know why, where some of the -- I understood where some of the votes were, and there may be a difference of opinion on the -- but if there's a majority this time -- and I think you can get a majority, if you do it in the right way. And the only reason I ask for it publicly now is so that it's on the record, from the dais, and that you're explaining publicly what the timeline will be, so there's no last minute or surprise to the public. Yes, we have a meeting set up and I very much appreciate that, and that's part of why I'm bringing this up now, vocally, because I want the public to see that we're taking action on this, so they can come along for the ride and have their input. I do feel that the public meetings last time were too few and too late in the process. I attended some homeowners association meetings, where they were scrambling to look at the list, even get the list, make recommendations from their communities of what they'd like to see some of the expenditures be. So, you know, we may not agree on it, but I'm in favor of the process going forward in the -- to give it the best possible chance, because I think we need these things. And if it doesn't mean additional taxes, I'm hoping that, you know, we can get it passed. Commissioner Gort: Mr. Chairman. Chair Hardemon: Yes. Commissioner Gort: My understanding, I have a meeting with you, also, and we're going to -- but one of the -- Our meeting with us is going to be very important, and meeting with the neighborhood is going to be very important, but at the same time, we all have complaints. We all send out emails to CIP, to Public Works, so they have a lot of recommendations and where -- a lot of the work needs to be done, besides the input from individuals. So we got to put all those sources together, and then if there's too many of them, we have to select the most important one to us. Fernando Casamayor (Chief Financial Officer): Commissioners, Fernando Casamayor, Assistant City Manager. We have asked for meetings with all of our elected officials, including the Mayor. Commissioner Carollo, we're asking you now, in case you haven't been notified, but we're letting you know we'd like to meet with you in order to get input regarding the types of projects that you would like to see in an upcoming general obligation bond. The goal is to get that done as quickly as we can now, and then go out to your respective communities and homeowner associations, and those type organizations, in order to get input from the public, as well; probably have a list a lot longer than we have money to fund; pare that down, come back and meet one more time with the elected officials, in order to let you know what's on that list, and then come forward, hopefully, before -- my goal is to have it done in May or June, so we can get this in July and have this ready for a ballot in November, if we need to. Commissioner Gort: We have to set our priorities. City of Miami Page 136 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Mr. Casamayor: Say that -- Chair Hardemon: Any further discussion? Let's move on to DI.5. Mr. Alfonso: Mr. Chairman, real quick, the reason why your list is taking so long is because we're ambitious, and instead of just doing District 5, we're doing citywide, and we should get that within the next week, sir. Chair Hardemon: The citywide or DI -- District 5? I'm just questioning your ambition. Mr. Alfonso: The entire City, sir. Chair Hardemon: I would love to have District 5. That means you probably have District 5. Yeah. I don't know if you do it district by district. Maybe you did 1, 2, 3 - - Mr. Alfonso: We actually have a draft but -- Chair Hardemon: -- 4 and then 5. Mr. Alfonso: -- some folks want to make sure they review the list before they send it out. Chair Hardemon: All right. DI.5. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: I respectfully request that we have a full Commission for DI.5. Chair Hardemon: Sounds good. All right. DI.5 DISCUSSION ITEM 1451 DISCUSSION REGARDING THE RECENT FINDINGS OF DETERIORATED CITY OF MIAMI POLICE STORAGE UNITS Commissioners WHICH RESULTED IN CONTAMINATED EVIDENCE. and Mayor RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item D1.5, please see Chair Hardemon: DI.5. Commissioner Carollo: Thank you, Mr. Chairman. Commissioner, my intentions with this item is to have a thorough conversation on the findings of the deteriorated Police storage units, including the allegations of guns missing from the Police storage. And I have to tell you, I just can't fathom that a major city like the City of City of Miami Page 137 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Miami, this could actually happen. And we need to bring some type of accountability to this. I can tell you this: In the private sector, heads would roll. However, I have to stipulate that I have been strongly advised by our City Attorney that having this conversation here in the public may be detrimental to the City of Miami and its residents because of the legal ramification; not to mention that there's an ongoing CIP (Civilian Investigative Panel) investigation. Now, to be honest with you, I have seen enough, and I will thank Mr. Crespo. I have seen sufficient documents through his blog that I don't need a long, drawn out discussion to make my own determination on what changes need to happen. And to be honest with you, it's not just about this very severe \[sic\] issue; however, I'm seeing more and more a pattern of these issues, going back to months ago, when you saw me very upset with destruction and improper removal of mangroves. As far as I know, there was no accountability there. With the flex park, where this Commission was promised that in 31 days after the boat show, we would have a functional soccer park, that did not happen. As a matter of fact, it was stipulated to one of the media partners that the City was going in a different direction without so much as a courtesy phone call. I thought it was insubordination. I could tell you, also, I was very disappointed, and I mentioned my disappointment during our budget hearing of the improper salary increase, where the Manager, himself, admitted that he was never evaluated. Some would even say that it's a violation of laws, criminal. I want to mention, also, the general obligation bond offering that was suggested, where at least two Commissioners spoke out and stipulated that there wasn't conversations with them -- I happen to be one of them -- regarding issues in their districts for this bond offering, which lets me know that in a $275 million potential bond offering, leaving two districts out, pretty much -- two very needy districts -- the Manager was out of touch with the resident needs. By the way -- and I'm not just going to go on and on, because I can tell you this: Any one of the issues that I just mentioned, in the private sector, heads would roll. Listen, I understand that this is a discussion item, and usually, we do not take a vote on a discussion item; however, I am prepared and I am willing to make a motion to change the tone at the top and fire this Manager, if this Commission chooses for me to do so, and I would like to hear from my colleagues. Vice Chair Russell: It's not a motion, right? Chair Hardemon: He said it's not a motion. Commissioner Carollo: I will be willing to make that motion. Commissioner Gort: (UNINTELLIGIBLE). Commissioner Carollo: I am prepared to make that motion, but again -- Commissioner Suarez: Mr. Chair. Chair Hardemon: The best way that you go about doing that is -- Commissioner Carollo: Listen. Chair Hardemon: -- to move it, and you get a second to have it for discussion, because other than that, you've made a statement that -- Commissioner Carollo: Well, I would like to listen from my colleagues -- Vice Chair Russell: It's a discussion item. City of Miami Page 138 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Commissioner Carollo: -- to see -- because, listen, one Commissioner cannot act by himself. This Commission acts as a board. Chair Hardemon: Right. Commissioner Carollo: So that's why I am bringing this issue to the Commission, and I am saying I will make that motion, if you so -- let me know, "Yes, go ahead and make it," and we'll move forward. But -- Chair Hardemon: That's why I said it this way. Commissioner Carollo: -- and again, listen, we either act or we don't act. But if we don't act, I could see this is going to continue to happen and continue to happen, and we're not going to have any accountability, because we haven't gotten any accountability. I mean, listen, I get it. This is a political environment, so maybe one or two Commissioners get treated a little different or better, but I could tell you, you know, this is City of Miami, and in the near future, that could change, where someone might be -- that is not in the penalty box -- but will be in the penalty box in the future. So what I'm saying is, do the right thing, and let's move forward. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. It's interesting. Sometimes, you come to work here and things sort of meander along in a certain way. You know, I've not been shy to criticize the Manager, and not only have I criticized this particular Manager, but I also very, very, very intensely criticized this particular system of government. I think it's very difficult -- and I've only see, really, one person be able to manage it -- where you have -- you know, the Mayor essentially chooses who you are, we ratify it, and then he can fire you and we can rehire you. I mean, it's pretty much a mess. And you have to find a way to forge consensus and maintain consensus, and do your job. It's -- it is not a system of government that is functional at all, in my opinion. But you've missed a couple of them. Commissioner Carollo: Oh, oh, I was being kind. I know there's more. Commissioner Suarez: You missed a couple. Commissioner Carollo: I know there's more, but -- Commissioner Suarez: You missed a couple. Commissioner Carollo: -- I thought it was sufficient. Like I said, any one of the ones that I mentioned, in the private sector, heads would roll. Commissioner Suarez: You forgot the bid con situation, where we instructed this Administration not to allow back more bidders. We're now being sued by the successful bidders, because of some of those decisions. You forgot about Sandy Dorsanvil. That one is one that, for me, personally, is upsetting, because, you know, they did all these investigations, which I don't know concluded anything, other than an audit. So I think there's, you know, there is -- And by the way, I mean, I don't know who's to blame for the fact that we don't have -- we haven't really moved on new Police headquarters. I think we're all to blame for that, to be completely frank with you. And today's decision to go forward with another sale of an asset, which I actually supported, I was one of the ones that did think that it's something that we should do, and I do think we need to do the Police headquarters, because that's really the genesis of all these problems, you know. So, look, I've said from day one, this is not an easy job, and it is -- it takes a very, very unique personality to be able City of Miami Page 139 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 to succeed in this system of government, you know. And I -- what I don't want to happen is for us to become a circus, if you understand what I'm saying, and let me just elaborate on that. This is what I don't want to happen: Let's assume that we decide to go in another direction, which is our prerogative as a board. We've had the Mayor come here before us and say, "Hey, if you guys vote" -- even if four of you agreed to do this" -- which I'm not sure four of us would agree today to do it, anyways -- "I'm just going to put the Manager back exactly where he is, and we're going to go in this back and this forth and this back and" -- I mean, that may favor some people, because some people thrive in that sort of chaotic environment, some people might like it. The media will certainly love it. We'll be back to being the city that everyone talks about, that's for sure. But I'm not so sure that that's what's in the best interest of the residents of the City of Miami. So, you know, I'm not too -- you know, I'm not in too different of a place than I was, you know, months ago. I mean, I think, you know, the Manager has, within his capabilities, tried to improve on a variety of things. He's trying to communicate more. You know, I think he's gotten a little bit more adept at dealing with certain situations, but, again, it's a very difficult system to operate under. And, you know, it's -- there's a -- some of those things, and there's more things that I could think of, as well, that, you know, that probably are not even worth going into. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: If I could follow up with what Commissioner Suarez said? Chair Hardemon: Sure. Commissioner Carollo: Commissioner Suarez, I agree with you that there's more; and that's why, yes, I chose certain ones; and, yes, you brought valid ones, and you're correct. However, we're either going to have a long, drawn out discussion and continue listening to them, or we're going to take action; that's why I didn't want a long, drawn out conversation, because there's no need. Like I said, any one of the ones that I mentioned is sufficient in the private sector that heads would roll. And I have been successful in the private sector for quite a few years now; also being in government prior to that, so I can tell you, any one of those issues, heads would roll. So we're either going to continue talking or we're not; we're going to move forward. And I get it. Maybe the Mayor has a different opinion, you know, but we'll cross that bridge. I am saying, I am doing what I know I have within my power; and then, it's not just about me, like I said; it's this Commission, our power to do. Either we make changes or we try to make changes, or we don't. Chair Hardemon: Is there a motion and a second? Vice Chair Russell: Mr. Chair. Chair Hardemon: You're recognized, sir. Vice Chair Russell: Here we are again. When this came before us months ago, I was the swing vote, and I recognized the difficulty we were in, and I had very strong reasons with that. Not knowing exactly the reasons behind the firing of Ms. Dorsanvil, I had to stand behind our Manager with regard to that decision that there was cause; knowing that if we were to fire him after he had fired somebody and he did have cause that we would be in the wrong; not having those facts, that was one factor. But I also said it at that time that I wanted to give him a chance to change with regard to the openness, communication with this Commission and with our residents, who don't feel that there's a transparency within our government. There City of Miami Page 140 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 has been a change. I have felt improvement. I enjoy working with Danny, but I still feel in the dark on many, many things. On the RFP (Request for Proposals) that we discussed today, it's a perfect example of something I had said back then. We want to know what's coming down the line far in advance, so that we can be involved, so that when it's time for us to rubber-stamp it at the end, we really can be that, because we know what it is, and I haven't felt that. I've also felt a strong hand of policy with regard to how our Manager feels about the issues that we're dealing with. And I don't need a sixth Commissioner up here. I need an Administration to carry out what this Commission looks to do. And I feel it. I feel -- in briefings, when I bring up a living wage and how important that is to me, and the eyes roll; or climate change, and sea level rise. So I understand where we are. I believe someone else may be that swing vote today. Commissioner Gort: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Gort: We looking at all the negative things that have been performed by the Managers, but I think we should also be looking at the good things that have been done by the Manager. I think he has taken a lot of the message that's sent by us, and I think -- I don't have any problem communicating with the Manager or his staff. I mean, my doors are always open to all of them to come in and try to let me know. When I have a problem, I tell him here or I tell him personally. I don't have any problem in communicating with him. Sometimes, let me tell you, a lot of the things that I requested, I'm the last one to get it, so I'm in the penalty box. Like Carollo say it, I am in the penalty box, because they want to please all five of you. Now, you need to remind me. The Manager -- and we all went -- in 2010, we went through a hell of a crisis, because of the financial statement that we had. We sit here, and we all want roads, we want this, we want a lot of things that cost millions of dollars, and then there has to be a balanced budget. We hope that the economy will maintain itself the way it is right now, but anything could happen in the future. So I think he's been very careful in trying to please every one of us; it's not that easy. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized, sir. Commissioner Gort: You got my message. Commissioner Carollo: I will make a motion to fire the Manager. Commissioner Suarez: Second. Chair Hardemon: Been properly moved and seconded. Any further discussion? All in favor, say "aye." Commissioner Carollo: Aye. Commissioner Suarez: Aye. Vice Chair Russell: Aye. Chair Hardemon: All against? Commissioner Gort: No. Chair Hardemon: Nay. Motion passes. City of Miami Page 141 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Commissioner Suarez: Mr. Chair, I do -- as much as it pains me to say this sometimes, I actually do agree with Mr. Crespo, as well, on some issues that he raised regarding the procedures; and particularly, when you tie -- having a hard time tying the discussion items to items, themselves. We've had that issue since we started this policy and procedure, so maybe the Clerk can work with us on finding a way to tie the discussion items, because people are coming and they're discussing all the items at a time. Before, we used to have a neat way to look at the record of an item, in terms of what discussion is; and now, it's very difficult to tie the discussion that's held at 10 with an item that's taken up later on in the day. So maybe if there's some way to link the minutes, one to the other, we can get a sense for what the public is saying in relation. Chair Hardemon: You have that properly reflected as a 3-2 vote? Todd B. Hannon (City Clerk): Yes, sir. Chair Hardemon: So you're asking for a technical thing from the City Clerk? Commissioner Suarez: Yeah, yeah. Not some -- it's -- I figure we already did this, so I'm -- this is the next thing on the -- Chair Hardemon: Right, I understand that. But I'm saying when you -- you're talking about a technical thing from the City Clerk? Commissioner Suarez: Yes. Mayor Tomás Regalado: Chairman. Chair Hardemon: I don't see -- and I'll recognize you, Mr. Mayor, because I know that it's important that you're recognized. In my -- When I think about the minutes of this organization, I don't think that the public comments and the discussion on the item have to be all together. Public comments are public comments, and discussion on the item is discussion on the item. If you want to read, to learn what the public said about something, you can read the public comments if you want to know what happened or how did we -- it was passed -- you can read the section that's referring to the item being passed. So I don't see that there's a big deal in how we go about doing things. And one thing that it showed us today is that not everybody's concerned about the same issue. In the beginning, we thought that everyone was concerned about 20 miles per hour. Well, then it turned out that there were some issues that other people were not concerned about, the 20 miles an hour; they were concerned about some other things. So, Mr. Mayor. Mayor Regalado: Thank you, Mr. Chairman. Just to -- some technical questions, first of all, to the City Attorney and to the City Clerk. Okay. Remember that we have an ordinance that, if the Manager is fired, that person has 10 days -- is that correct? -- before leaving office? I was here, and I was -- I voted on that ordinance. Victoria Méndez (City Attorney): Are you referring to your legislative veto power, or are you referring to --? Mayor Regalado: No, no. I'm referring -- an ordinance back in -- I don't know -- 2000 or maybe '97. When a Manager is terminated by the City Commission, that person stays in office 10 days before leaving office. Ms. Méndez: I believe the section that you're talking -- in the event of a vacancy in the Office of City Manager, the Mayor shall appoint the City Manager, subject to the City of Miami Page 142 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 approval, within 14 days, of the majority of the Commission. Is that the section you're talking about? Mayor Regalado: That's not, that's not. I know that there was an ordinance. Ms. Méndez: Oh, the Mayor may remove the City Manager, subject to the City Commission's conducting a hearing within 10 days; is that the 10 --? -- Of said removal on the City Commission's overriding the Mayor's action -- that's the 10 days one -- Mayor Regalado: That's the one. Ms. Méndez: -- by a four-fifths vote of the City Commission then in office. Additionally, the City Commission, by a four-fifths vote of those City Commissions then in office shall be -- Commissioner Suarez: What I just -- Ms. Méndez: -- able to remove the City Manager. Commissioner Suarez: That's what I just told you. Mayor Regalado: I'm sorry? Ms. Méndez: Right. But it's after a hearing. Commissioner Suarez: No. The last sentence is a sentence. It says, "additionally," right? It's its own sentence, correct? Mayor Regalado: Whenever the Manager is fired, that person has 10 days. And this happened when -- after -- this happened after Donald Warshaw was fired; that for transition. So we need to find -- Chair Hardemon: Madam City Attorney, can you read that into the record? on, by a four-fifths vote of those City Chair Hardemon: The reason I asked the City Attorney to read that sentence again is because the beginning of it says that the Mayor has the ability to remove the Manager. Then, by a four-fifths -- well, within 10 days, the City Commission must have a hearing. And it goes into some other stuff. Mayor Regalado: Yeah, the -- Chair Hardemon: But it used the term, "additionally." Mayor Regalado: Additionally. Chair Hardemon: Additionally, the City Commission can remove the Manager, but the way that it describes it and what she just said is by a four-fifths vote. So what that means is that, in fact, there was a 3-2 vote. And as Chairman, I announced it as, "motion passed," because it was the majority. But, in fact, it would not pass, because you need a four-fifths vote, so the motion would fail. So the error would be, then, in my announcing on the record that the motion passed, because of the majority. The motion does not pass, because that -- what the City Attorney just read, the qualification would be that it's -- City of Miami Page 143 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Mayor Regalado: Right. Chair Hardemon: -- four-fifths vote, and so, that motion to remove the Manager would then fail. Mayor Regalado: You're correct. Chair Hardemon: So please let the -- Mayor Regalado: And that was -- Chair Hardemon: -- record properly reflect that that motion failed. Mayor Regalado: -- my first question. So I'm pretty sure -- Chair Hardemon: And I -- Mayor Regalado: -- and if you find -- Chair Hardemon: -- apologize for misstating that on the record. I was not prepared for the four-fifths supermajority passes, right. Commissioner Suarez: Mr. Chair. Mayor Regalado: Right. It would be -- so I understand what you're saying, and I understand that the motion may fail; although the media will see it as a majority. But I still say we have an ordinance that says the Manager is in place, even after that person has been fired, for 10 days. We have to look into that. Commissioner Suarez: Mr. Chair. Mayor Regalado: I just was doing the numbers, and -- because today is the 8th of December, so let's add nine more days. We're on the 17th of December. That day, I would have vetoed the vote. You have 10 days to convene to call a special session to override the veto. So I'm thinking that maybe the -- we could have meet the 25th of December. Commissioner Suarez: Mr. Chair, please. Chair Hardemon: If I could allow the -- Commissioner Suarez: Listen -- Chair Hardemon: -- Mayor to finish what he's saying, then I'll bring the -- Commissioner Suarez: Sure. Chair Hardemon: -- floor to you. Mayor Regalado: Or the 24th of December. But we need clarification on that. But, certainly, either way, like I said the other time -- By the way, we have an executive session. We have all the details for the Fire contract that we need to finalize with the Fire Union, and, you know, the Manager and his team has been working on that. Of course, we have the vetting process of the GOB (general obligation bond) bond issue that you might support, or not. We have, of course, the process of the RFP and the City of Miami Page 144 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 process to start the renovation of the Miami Marine Stadium, and we have many things pending. So this is what we call "unstability" in -- Chair Hardemon: "Instability." Mayor Regalado: -- the City. And as a matter of fact, I was -- Commissioner Suarez: Had to. Mayor Regalado: -- sometime, I was accused of that. But we have had "stability." And, of course, I understand. I understand that elected officials have the right, total 100 percent right. But my point is that I think the Chairman has a point. The City Attorney has to opine if this resolution is dead or if this is alive. Now, the only reason that I want to know is because I would like to veto it and then have a discussion here, but we can probably meet on the 24th at 5 p.m. or the 25th at 9 p.m. -- 9 a.m. Commissioner Suarez: Mr. Chair, if I may? Chair Hardemon: Give me a moment. Madam City Attorney, as corrected in the record, I stated that the motion failed; is that correct? Ms. Méndez: By operation of law; not necessarily how it's drafted in the minutes -- I mean in the Code -- but pretty much, by operation of law, at the end of the day, it requires a four-fifths of the City Commission to remove the Manager. It's not as clear in the Code, because it throws in normally that you'd start this process by the Mayor, but ultimately, at the end of the day, for this motion to pass, based on how it's stated, you would need the four-fifths. Chair Hardemon: So then the motion as stated failed? Ms. Méndez: Correct. Commissioner Suarez: Mr. Chair, if I may, please? Chair Hardemon: You're recognized, sir. Commissioner Suarez: I don't know why this is so confusing. It's not -- it wasn't that confusing the last time that we were doing this. It's not the Code; it's the Charter, okay? And what we're talking about is Section 4(G) of the Charter. The reason why it's confusing is because the heading of that section is, "Powers and Duties of the Mayor"; however, tucked into that section, in Sub-6 is a sentence that says, when expanding upon the right of the Mayor to fire the Manager and what that process entails, there is an additional sentence which actually begins with the word, "additionally" that says, "The City Commission, by a four-fifths vote of those Commissioners that are in office shall be able to remove the City Manager." So the City Commission, of its own -- Chair Hardemon: Authority. Commissioner Suarez: -- power -- Chair Hardemon: Authority. Commissioner Suarez: -- has the right, under this limited circumstance; part of the reason why I don't like this system of government, because it creates all this confusion. But it doesn't require, notwithstanding what the Mayor said, it doesn't City of Miami Page 145 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 require us to have another hearing. It doesn't require him to veto it, even though he's been clear that he would veto it; it doesn't require any of that. The reason why the last time that we had this discussion, which essentially was a vote of no confidence, we had three Commissioners that seemed to be in favor of making it, and a fourth who did not. So I don't understand why we weren't prepared for this possibility, because we already had this happen to us -- what? -- three, four, five months ago? I don't even remember how long ago it was. So, you know, it's not that complicated. I know that sometimes, people like to complicate things. It's not that complicated. It's probably not very well worded in the Charter, which is why I wanted to change it, but it's not that complicated. Thanks. Mayor Regalado: So the bottom line is the resolution failed. Commissioner Suarez: It fails, so -- Ms. Méndez: Right; the motion fails. Chair Hardemon: So there's -- Mayor Regalado: The motion failed. Chair Hardemon: -- and there's no other business that's on the agenda. The only thing that we have left are the executive sessions and the -- what -- the attorney -- I'm sorry -- the attorney-client sessions. I believe that's all that's left on the agenda. So we can either have those attorney-client sessions now or we can postpone those to another agenda. Ms. Méndez: I can -- Commissioner Carollo: No. I say we have them. Chair Hardemon: So then, we recess and -- we recess this meeting. Mr. Hannon: There's a statement that the City Attorney needs to read -- Ms. Méndez: Yes. Mr. Hannon: -- before you go to your first attorney-client session. Chair Hardemon: Right. Ms. Méndez: Yes. Chair Hardemon: But they can go -- Ms. Méndez: But if, for some reason, we want to reset -- two of them at least -- definitely, Steven's is the one that I really need to go today, but I'll read all three of them, just in case we get through them quickly. Commissioner Suarez: Mr. Chair, if I may? Can I make a recommendation? Chair Hardemon: Sure. Commissioner Suarez: I think we need to have a separate day for all the litigation matters, because not only these three, but we have Battersea and we have the bid con litigation, and I think there's information there that we need to know about. City of Miami Page 146 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Chair Hardemon: But I -- Commissioner Suarez: And that's -- that brings up to five liti -- five lawsuits. And what I don't want is, every Commission meeting, we got to do two or three of these things. I'd rather bang them out in one day and just get them all out of the way. Commissioner Gort: Yeah. Commissioner Suarez: We can do our executive session. It's 4:47. We can still get out of here at a reasonable hour. Commissioner Gort: I don't have a problem. Chair Hardemon: So you don't -- Commissioner Carollo: I just -- Chair Hardemon: -- want to do it now at 4:47. Commissioner Suarez: (UNINTELLIGIBLE) executive session, and we do all the litigation stuff, with the other two that I mentioned, all together in one day. Commissioner Carollo: But why -- Chair Hardemon: To me, finding another day is more obstructive than -- Commissioner Suarez: Fine, (UNINTELLIGIBLE) can do. Commissioner Carollo: Let's just do all that we have. I mean, it's only 4:47. I say we knock them all out. Commissioner Suarez: Okay. END OF DISCUSSION ITEMS City of Miami Page 147 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 M - MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMÁS REGALADO END OF CITYWIDE ITEMS City of Miami Page 148 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 149 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 150 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE FRANK CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 151 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ END OF DISTRICT 4 ITEMS City of Miami Page 152 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 153 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 FL - FUTURE LEGISLATION FL.1 ORDINANCE 1374 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, Department of FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC Planning and BEVERAGES/IN GENERAL", MORE PARTICULARLY BY Zoning AMENDING SECTION 4-- RING WHICH SALES ALLOWED; PUBLIC HEARING R- SEPARATIONBETWEEN AN ESTABLISHMENT WITHIN THE CENTRAL COMMERCIAL BUSINESS DISTRICT, THE SD-8 DESIGN PLAZA COMMERCIAL-RESIDENTIAL DISTRICT AND COMBINATION RESIDENTIAL AND COMMERCIAL D SECTION 4-8 ENTITLED SAMEFROM RESIDENTIAL 4-FROM CHURCHES AND PUBLIC SCHOOLS IN CENTRAL COMMERCIAL SECTION 4-FROM CHURCHES AND PUBLIC SCHOOLS IN COMBINATION RESIDENTIAL- COMMERCIAL DISTRICTS-11 ENTITLED ECTION 4-13 SINESS DISTRICT AND CENTRAL DESIGN DISTRICT DISTAND SECTION 4-MENTS FOR RESTAURANT INTRODUCE LANGUAGE TO FURTHER CLARIFY RESTRICTIONS REGARDING BONA FIDE 4COP RESTAURANTS WITHIN THE CITY OF MIAMI, AS DEFINED HEREIN; ALLOW MORE FLEXIBILITY FOR ALCOHOL BEVERAGE ESTABLISHMENTS TO OPEN IN APPROPRIATE AREAS WITHIN THE CITY; IMPROVE USER-FRIENDLINESS AND ORGANIZATION OF THE CITY CODE; AND CORRECT SCRIVENER ERRORS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 154 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 NA NON-AGENDA ITEM(S) NA.1 RESOLUTION 1476 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE Commissioners and FLORIDA LEGISLATURE TO SUPPORT FUNDING FOR THE CITY Mayor ORMWATER MANAGEMENT MASTER PLAN DURING THE 2017 LEGISLATIVE SESSION; DIRECTING THE CITY MANAGER TO ADD FUNDING FOR THE STORMWATER MANAGEMENT MASTER PLAN UPDATE TO THE 017 LEGISLATIVE PRIORITIES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. ENACTMENT NUMBER: R-16-0621 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: DI.2. Daniel J. Alfonso (City Manager): Mr. Chairman, I think the Mayor wants to make a couple of -- Chair Hardemon: Sure. You're recognized, sir. Mayor Tomás Regalado: Thank you very much, Mr. Chairman. Commissioners, we have two resolutions -- or a pocket item that couldn't get on the agenda, and I apologize for that, but last week, Commissioner Carollo and I, we were able to meet with the Governor of the State of Florida, and we spoke to him about the Storm Water Master Plan, and the need for the City of Miami. As you know, Commissioner Carollo has been pushing for a new Storm Water Master Plan for the City of Miami, taking into account sea level rise. When we met the Governor, we asked him to help us and put some money on the budget that he will be sending to the State Legislature, and he agreed; he agreed to that. And what he suggested is to kind of formalize this request, so -- since the committees are meeting now. This is a resolution of the Miami City Commission, urging Governor Rick Scott and the members of the Florida Legislature to support funding for the City of Miami Storm Water Management Master Plan during the 2017 legislative session; directing the City Manager to add funding for the Storm Water Management Master Plan update to the list of the City's 2017 legislative priorities; directing the City Clerk to transmit a copy of this resolution to the official designated herein. So basically, what this do is that it give us the leverage to formally ask the Governor to include this in his budget; although we need sponsors in the House and the Senate, and we know that we have Representative Roy Hardemon and Representative Avila in the House. And in the Senate, I think we have now a sponsor; I'm not quite sure who, but probably Senator Jose Javier Rodriguez or any other Senator of this area. So this is basically it. I'd like to thank Commissioner Carollo, because this is important, because we have seen flooding in several areas of the City of Miami. City of Miami Page 155 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Commissioner Carollo: Move it. Commissioner Gort: Second. Chair Hardemon: Properly moved and seconded. Any further discussion? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mayor Regalado: Thank you. Chair Hardemon: Thank you. NA.2 RESOLUTION 1484 A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A NOISE WAIVER PURSUANT TO SECTIONS 36-4(A) AND (B) OF Commissioners and THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Mayor ("CITY CODE"), ENTITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND-MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANSGENERALLY; EXE AND AN EXTENSION OF ALCOHOL SALES THROUGH 5:00 A.M. PURSUANT TO SECTION 4-3.1(A)(7) OF THE CITY CODE, ENTITLED "SALES", FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT AND THE WYNWOOD CAFE DISTRICT FOR NEW YEAR'S EVE CELEBRATIONS ENDING ON JANUARY 1, 2017. ENACTMENT NUMBER: R-16-0622 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Mayor Tomás Regalado: And the other resolution, it's -- I spoke to you, Mr. Chairman, since you're the district Commissioner. It's a waiver for Wynwood Business Improvement District and the Wynwood Café District for the New Year's Eve celebration, ending on January 1, 2017; and for the Winter Music Conference, from March 24 to March 26. This is a waiver for sales, in terms of -- it's a -- Victoria Méndez (City Attorney): Mr. Mayor, I apologize. I think you may have the -- I -- a different outdated reso. I think it's the Wynwood Café District ending for January 1, 2017. Mayor Regalado: Okay. Chair Hardemon: What I'm reading is the Wynwood Business Improvement District and the Wynwood Café District for New Year's Eve. Mayor Regalado: That's -- yes. City of Miami Page 156 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Ms. Méndez: Okay. Thank you. Mayor Regalado: Yes. And it's the same that it was done for Art Basel in the Wynwood Improvement District. Commissioner Gort: You'll need it. Chair Hardemon: So one of the things I wanted to make clear, I had a discussion with someone, and we were discussing -- w things like waive an ordinance, that you have to consider a multiplicity of different things, and one of those things that you consider are the people that live in the area, so you consider its effect on its residents -- Mayor Regalado: Right. Chair Hardemon: -- and people who are in the area. And I explained that, basically, having alcohol sales till 5 a.m. at all times has a much different effect on your community than having it during one, two, three, or four, or maybe five days a year; so five days out of 364 days or so, five days or so. Mayor Regalado: You're right. And we had that experience in the Grove. Chair Hardemon: So I just want it to be clear that we're looking at this from -- as a situation where we're looking at -- Mayor Regalado: Two days. Chair Hardemon: -- for this particular event. Mayor Regalado: Yes; two days. Chair Hardemon: Okay. Mayor Regalado: Only two days; the 31st and March 24. Chair Hardemon: All right. Is there a motion to approve? Vice Chair Russell: Move it. Commissioner Gort: Second. Commissioner Carollo: Second Chair Hardemon: Been properly moved and seconded. Any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Mayor Regalado: Thank you. City of Miami Page 157 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 NA.3DISCUSSION ITEM 1566 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, THE PERSON CHAIRING THE CITY OF MIAMI Office of the City COMMISSION MEETING WILL ANNOUNCE THE Clerk COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE FOLLOWING PENDING LITIGATION CASES: VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-200 AP, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, APPELLATE DIVISION AND VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15- 02997 CA 09, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: COM KEN RUSSELL, FRANK CAROLLO, FRANCIS X. SUAREZ, AND KEON HARDEMON; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MÉNDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ- RIVAS; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND FORREST L. ANDREWS. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Barnaby Min (Deputy City Attorney): Mr. Chairman, pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting that the City Commission meet in private to discuss pending litigation in the following cases: Village of Key Biscayne versus City of Miami, Case Number 15-200 AP, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, Appellate Division; Village of Key Biscayne versus City of Miami, National Marine Manufacturers Association, Case Number 3D15-2824, before the Third District Court of Appeal; and Village of Key Biscayne versus City of Miami, Case Number 15-02997 CA 09, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, to which the City is presently a party. This private attorney- client session will begin at approximately 3 p.m., or as soon thereafter as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairman Keon Hardemon; Vice Chairman Ken Russell; and Commissioners Wifredo "Willy" Gort, Frank Carollo, and Francis Suarez; City Manager Daniel Alfonso; City Attorney Victoria Méndez, Deputy City Attorneys John Greco and City of Miami Page 158 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Barnaby Min; Division Chief for Land Use and Transactions Rafael Suarez-Rivas; and Assistant City Attorneys Kerri McNulty and Forrest Andrews. A certified court reporter will be present to ensure the session is fully (UNINTELLIGIBLE), and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened. The person chairing the Commission meeting will announce the termination of the attorney-client session. Thank you, sir. Chair Hardemon: Thank you very much. (UNINTELLIGIBLE). END OF NON-AGENDA ITEM(S) ADJOURNMENT The meeting adjourned at 6:48 p.m. City of Miami Page 159 Printed on 1/13/2017