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HomeMy WebLinkAboutCC 2019-09-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com TY EDI6 Ar T i * INC0RP CBATE0 1 is 08 Meeting Minutes Thursday, September 12, 2019 9:00 AM Regular City Hall City Commission Francis Suarez, Mayor Ken Russell, Chair Wifredo (Willy) Gort, Vice Chair Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Keon Hardemon, Commissioner, District Five Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes September 12, 2019 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon. On the 12th day of September 2019, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Russell at 9: 06 am., recessed at 12:50 p.m., reconvened at 2:42 p.m., recessed at 5:26p.m., reconvened at 10:20 p.m., and adjourned at11:49p.m. Note for the Record. Commissioner Carollo entered the Commission chambers at 9:25 a.m., and Commissioner Hardemon entered the Commission chambers at 9:26 a.m. ALSO PRESENT.• Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Russell: Good morning, and welcome to the September 12, 2019 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Joe Carollo, Manolo Reyes, Keon Hardemon; Wifi^edo "Willy" Gort, the Vice Chairman; and me, Ken Russell, the Chair. Also on the dais are Emilio Gonzalez, the City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, the City Clerk. The meeting will be opened with a prayer by the Vice Chairman, and the pledge of allegiance led by Commissioner Reyes. Please rise. Vice Chair Gort: Good morning. (Invocation and pledge of allegiance delivered) Chair Russell: Thank you. You maybe seated. PART A - NON -PLANNING AND ZONING ITEM(S) PR- PRESENTATIONS AND PROCLAMATIONS PRA PROTOCOL ITEM 6527 Honoree Presenter Protocol Item Carlos Castellanos Mayor Suarez and Commissioner Gort Commendation Ernesto Sierra Mayor Suarez and Commissioner Gort Commendation Yariel Diaz Mayor Suarez and Commissioner Gort Commendation Ana Rodriguez Mayor Suarez and Commissioner Gort Commendation Mike Paredes Mayor Suarez Commendation Progressive Firefighters Association Charities Inc. Mayor Suarez Commendation Sgt Carlos Padron Mayor Suarez Commendation City of Miami Page I Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Jorge Alvarez -Sanchez Mayor Suarez Commendation RESULT: PRESENTED 1) Mayor Suarez and Vice Chair Gort presented Certificates of Commendation to City of Miami Police Commanders Carlos Castellanos and Ernesto Sierra. Commander Castellanos serves the City of Miami Flagami area Neighborhood Enhancement Team (NET) and Commander Sierra, serves the City of Miami Allapattah area Neighborhood Enhancement Team (NET). The Elected Leadership paused in their deliberation of governance to commend the commanders for their exemplary job in improving and resolving quality life issues, in addition to the great responsibility of coordinating and delivering police services in the community. 2) Mayor Suarez and Vice Chair Gort presented Certificates of Commendation to Ms. Ana Rodriguez and Mr. Yariel Diaz. Ms. Ana Rodriguez serves as City of Miami Flagami area Neighborhood Enhancement Team (NET) Administrator and Mr. Diaz, serves as City of Miami Allapattah area Neighborhood Enhancement Team (NET) Administrator. The Elected Leadership paused in their deliberation of governance to commend their exemplary job in coordinating the delivery of municipal services and public outreach at the neighborhood level, and their innovative methods of enhancing the quality of life in the City of Miami. 3) Mayor Suarez recognized City of Miami Firefighter Mike Paredes and presented him with a Certificate of Merit. Mr. Paredes, represents the best qualities of the City of Miami Fire Rescue Department. He currently holds the title of "Public Defibrillation Coordinator, " and has taught Cardio Pulmonary Resuscitation (CPR) classes for over 27 years to thousands of participants. His students have saved multiple lives. Elected Ojficials paused in their deliberations of governance to congratulate and commended his commitment and dedication for advancing the quality of life in the City of Miami 4) Mayor Suarez presented a Proclamation to Progressive Firefighters Association (PFA) Charities, Inc., whose purpose is to promote the spirit of fellowship amongst its members, organize and encourage activities, which enhance the Fire/Rescue Service image and to provide community and departmental interaction through social, civic, and service functions. The Progressive Firefighters Association Charities, Inc. of Miami -Dade and Broward Counties was organized in 1978 because of the increasing awareness and complexity of problems experienced by African American sisters and brothers in the fire service and in our communities. The PFA addresses the subject of recruitment, and the retention and promotion of qualified African American Firefighters within the fire service. The PFA has assisted hundreds of individuals interested in careers in the fire service and has also participated in many meaningful community outreach events. The Elected Leadership paused in their deliberations of governance to pay tribute and celebrate the many accomplishments and community contributions of the Progressive Firefighters Association Charities Inc. and thereby, proclaimed Thursday, September 12, 2019 as "Progressive Firefighters Association Charities Inc., " in the City of Miami. City of Miami Page 2 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 S) Mayor Suarez recognized City of Miami Police Officers and United States Airforce Officers Carlos Padron and Jorge Alvarez -Sanchez. Officers Padron and Alvarez -Sanchez have been on deployment in Syria for the past 10 months. They are both patrol officers in the Allapattah Neighborhood Enhancement Team (NET) service area. The City of Miami Elected Leadership paid highest tribute to these off cers for serving selflessly and offering a grand commitment to the City of Miami; and furthermore, paused in their deliberations of governance to congratulate and welcome the Officers back home. Chair Russell: We'll now make the presentations and proclamations. Mayor Francis Suarez: Thank you, Mr. Chair. (Presentations and proclamations made) AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Regular Meeting - Jun 13, 2019 9:00 AM ORDER OF THE DAY MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Chair Russell: So the motion from Commissioner Carollo is for the minutes. Is there a second? Seconded by the Chair. Is there any further discussion on the minutes of June 13? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes for AM.]. Chair Russell: Are there any more presentations and proclamations? If not, we'll begin the meeting. Madam the City Attorney, if you could read the rules for the day. Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist, pursuant to Chapter 2, Article 6 of the City Code, 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 of [sic] lobbyists is available in the City Clerk's Office or online at wwwmunicode.com [sic]. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the appropriate disclosures in the City Code in writing. A copy of this Code section is available at the Office of the City Clerk or online at wwwmunicode.com [sic]. Pursuant to Section 4(g)(5) of the City Charter, City of Miami Page 3 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 the Mayor may veto certain items approved by the City Commission within 10 calendar days, following the City Commission action. The City Commission may, after the veto occurs, override by a four/fifths vote of the Commission present. The material for this [sic] item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period or at any other designated time. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Anyone wishing to appeal a 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 maybe requested at the Office of Communications or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. No [sic] person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, this rule does not apply when City Commission is engaged in budget hearings. 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 withdrawn, deferred, or substituted. Thank you. Chair Russell: Thank you, Madam City Attorney. Mr. Manager. Emilio T. Gonzalez (City Manager): Good morning, Mr. Chairman, Mr. Vice Chairman, Commissioners, Madam City Attorney, and Mr. City Clerk. At this time the Administration would like to defer and/or withdraw the following items. I'll speak slowly because it's a fairly long list. To be withdrawn, CA.16; to be withdrawn, CA.16; to be withdrawn, RE.2; to be deferred, RE.S; to be withdrawn, RE.6. Chair Russell: Mr. Manager? Mr. Gonzalez: Yes, sir. Chair Russell: When you give a deferral, can you give a date, please, so that we can mark it that time? Mr. Gonzalez: Oh. Chair Russell: Back to RE. S. Mr. Gonzalez: Oh. RE.S, that would be to October 24. City of Miami Page 4 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Thank you. Mr. Gonzalez: Let's see. To be withdrawn, RE.6; to be withdrawn, FR.S; to be deferred, DL2, to October 24, as well; to be withdrawn, DL3; to be withdrawn, DL4; to be withdrawn, DL5; to be withdrawn, RE.S; to be withdrawn, RE.7; and to be withdrawn, RE.8; to be withdrawn -- or to be deferred, PZ.1. Chair Russell: The PZ (Planning and Zoning), we'll have to formally be able to vote on that only after 2p. in., if I'm not mistaken? Mr. Gonzalez: Yes, sir. Chair Russell: Thank you. Todd B. Hannon (City Clerk): Chair? Chair Russell: Yes, Mr. Clerk. Mr. Hannon: My apologies if I misheard, but is RE.S going to be deferred or withdrawn? Mr. Gonzalez: Deferred I'm sorry; I repeated it. It should be deferred to 10124. That's my error. Mr. Hannon: Understood. RE.5 will be deferred to 10124. Mr. Gonzalez: Yeah. Chair Russell: All right. Mr. Clerk, could you read those back, please, just to make sure we've got them, and -- as well as the title of the item that's just in the plasma? Have you got that handy, or no? Mr. Hannon: You want me to readjust the --? Chair Russell: Just the item number is fine. That's fine. Mr. Hannon: Okay. Chair Russell: Thank you. Mr. Hannon: To be withdrawn, CA.16; to be withdrawn, RE.2. Chair Russell: Little slower. Little slower. Mr. Hannon: Understood. To be withdrawn, CA.16; to be withdrawn, RE.2; to be deferred to October 24, RES; to be withdrawn, RE.6; to be withdrawn, FR.S; to be deferred to October 24, DL2; to be withdrawn, DL3; to be withdrawn, DL4; to be withdrawn, DL5; to be withdrawn, RE.7; to be withdrawn, RE.8; and to be deferred, PZ.1, and I guess we will know the date that it will be deferred to when we get to the afternoon session. Mr. Gonzalez: Yes, sir. Ms. Mendez: RE.7 and RE.8, I believe, is indefinitely deferred -- Mr. Gonzalez: Correct. City of Miami Page 5 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Ms. Mendez: -- not totally withdrawn. Chair Russell: Well, it was stated as withdrawn. So which is it, Mr. Manager? Commissioner Carollo: Who -- Mr. Gonzalez: Sir, indefinitely deferred, RE.7 and 8. Chair Russell: Thank you. That's a correction, then, Mr. Clerk. RE. 7 and 8 will be indefinitely deferred for six months, or if brought back earlier. Commissioner Carollo: Colonel? Mr. Gonzalez: Thank you. Commissioner Carollo: Colonel? Mr. Manager? Chair Russell: Commissioner Carollo. Commissioner Carollo: Good morning. Mr. Gonzalez: Oh. Commissioner Carollo: I sent a memorandum to you, an email, on Friday to the City Attorney, asking for two items to be deferred. I don't think I heard that they were deferred in the numbers you gave out. Chair Russell: Which items are those, Commissioner? Mr. Gonzalez: Which items are those, sir? Commissioner Carollo: One item had to do with a noise ordinance that was listed erroneous as an ordinance; it should have been a resolution, but either way -- Mr. Gonzalez: Sir, would that be FR.S? Commissioner Carollo: -- it's being deferred. Ms. Mendez: Yes. Your two items were mentioned, Commissioner; FR.S, which is the noise violations, and CA (consent agenda) -- Chair Russell: 16. Mr. Gonzalez: 16. Ms. Mendez: --16. Both your items were withdrawn. Commissioner Carollo: Okay. What is CA. 16? Ms. Mendez: CA.16 is the directive with -- regarding to bars. Commissioner Carollo: Okay. Ms. Mendez: Both are withdrawn. Commissioner Carollo: Go ahead. City of Miami Page 6 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Thank you. Are there any other items that the Commission would wish to be -- Commissioner Carollo: Yes. Chair Russell: -- withdrawn or deferred -- Commissioner Carollo: If I can -- Chair Russell: -- or continued? Commissioner Carollo: -- FR.4 and CA.17. Chair Russell: What would you like --what action would you like? Commissioner Carollo: Defer it. Well, on CA.17, withdrawn; 30 -- FR first reading -- excuse me -- FR.4, deferred. Chair Russell: To what date, please? Commissioner Carollo: November. Chair Russell: The first meeting in November? Commissioner Carollo: Or second, preferably. Chair Russell: Preferably, second meeting in November. Commissioner Carollo: There's only one. Mayor Francis Suarez: There's only one meeting in November. Chair Russell: There's only one meeting in November, so that would be -- Commissioner Carollo: Whenever the meeting is. Mr. Hannon: November 21. Chair Russell: Thank you very much. Mayor Suarez: That's Commissioner Gort's item; just for the record. Chair Russell: So you're looking for a deferral of FR.4. Commissioner Carollo: Right. Vice Chair Gort: That's my item. I'd like to listen to it. Chair Russell: You'd like to hear it today. Vice Chair Gort: Well, at least we discuss it. Commissioner Carollo: Okay. Discussion, that's fine. Then I'll pull that back so it could be discussed. Chair Russell: All right. So remove FR.4 from the order of the day, so it will be discussed at least. City of Miami Page 7 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Carollo: Then you have CA.17 that will be withdrawn. Chair Russell: Withdrawn. Yes. Commissioner Carollo: And the two that were mentioned -- Chair Russell: Yes, those were -- Commissioner Carollo: -- by the City Attorney; that she remembered that I sent that on Friday. Ms. Mendez: Yes. Commissioner Carollo: Thank you. Chair Russell: Thank you very much. Commissioner Hardemon: I have a question. Chair Russell: Commissioner Hardemon. Commissioner Hardemon: Why are we withdrawing FR -- RE.7 and RE.8? Chair Russell: It is being indefinitely deferred; "withdraw" was a mistake. It's indefinitely deferred. Commissioner Hardemon: RE. 7 and RE.8 is indefinitely deferred? Mr. Gonzalez: Yes, sir. Commissioner Hardemon: Why are we indefinitely deferring RE.7 and RE.8? Chair Russell: Mr. Manager. Mr. Gonzalez: Sir, we've been discussing this item internally. I know that we had been asked to come back with recommendations to the board. We do not have a consensus nor a clear recommendation at this point. We need --just need a little bit more time to make sure that we all -- we have our ducks in line before we come back to you. It may very well be the same recommendation, or there may be other options made available to us. Commissioner Hardemon: Have you had a discussion with the bidders? Mr. Gonzalez: I have not; no, sir. Commissioner Hardemon: Are the bidders aware? Are they even here? There's one gentleman. IfI may? Chair Russell: Yes, Commissioner. Albert Dotson: Commissioner, Al Dotson, with Bilzen Sumberg, 1450 Brickell Avenue. We understand that the Manager is doing his due diligence in order to determine how best to recommend that the Commission proceed. We have no objection to the indefinite deferral. Commissioner Hardemon: Okay. City of Miami Page 8 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Miguel De Grandy: No objection to the deferral. Miguel De Grandy for the record. CommissionerHardemon: Okay. Thankyou. Chair Russell: Thank you. Are there any other items for the order of the day? Is there anyone here who'd like to speak on the order of the day; simply on the items to be deferred, withdrawn or continued; not to the substance, but rather to the timeliness of those actions? Hearing none, I'll close public comment. Vice Chair Gort: Mr. Chairman? Chair Russell: Yes, Commissioner. Vice Chair Gort: This item just been deferred -- Chair Russell: Which one? Vice Chair Gort: The -- Chair Russell: 7 and 8. Vice Chair Gort: (UNINTELLIGIBLE) 7 and 8, yes. We're not going to take any action on it, but I'd like to ask some questions later on, and I want to have some discussion on this. Chair Russell: We'd have to -- Mayor Francis Suarez: Could be a non -agenda item. Chair Russell: Non -agenda pocket discussion, absolutely. Please note, so we don't forget. Vice Chair Gort: Non -agenda item; got some questions to the Administration. Chair Russell: Gladly. Is there a motion on the order of the day? Commissioner Carollo: There's a motion. Chair Russell: Motion by Commissioner Carollo. Commissioner Reyes: Second. Chair Russell: Seconded by Commissioner Reyes. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Later... Chair Russell: All right. Is there a will to adjourn this meeting? Commissioner Carollo: So move. Commissioner Reyes: Second. City of Miami Page 9 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mr. Hannon: Chair, I have just a few items that need to be deferred maybe to the next meeting. Chair Russell: Yes, of course. Just -- Mr. Hannon: PA.2, BU.1, D1.6, 7, 8, 9, 10; all BC (Boards and Committees), and PZ.1. Chair Russell: Is there a motion to that effect? Commissioner Carollo: There's a motion to that effect. Chair Russell: Second by Commissioner Reyes. Commissioner Carollo: Mr. Chairman, I also would like my two items that were not heard -- Chair Russell: All the discussion items, right? Commissioner Carollo: -- to -- no, but my two to have, like you gave Mr. Riley, the Mayor's former partner in the law firm -- Chair Russell: A time certain. Commissioner Carollo: -- a time certain. I would like to do it at 11 in the morning. Chair Russell: That sounds fine. Commissioner Carollo: Okay, 11 in the morning it is. Chair Russell: That's for the DI.10. Commissioner Carollo: And the other one. Chair Russell: What was the other one? Mr. Hannon: D1.9. Commissioner Carollo: We had 9 and 10. Chair Russell: Oh, fair enough. Commissioner Hardemon: Wait. So BU.1 is being deferred. You said -- and which other ones? -- 6, 7, 8, 9, and 10? Mr. Hannon: Yes; PA.2, BU.1, D1.6, 7, 8, 9, 10; all BC items, and PZ.1. Chair Russell: Thank you. If I'm not mistaken, though, procedurally, we could have just left it, and they would have automatically rolled to the next meeting; am I correct? Mr. Hannon: Not the next meeting; the next like meeting. So it would be -- Chair Russell: Next like (UNINTELLIGIBLE). So this is a good cleanup then. There's been a motion and a second. Any further discussion? City of Miami Page 10 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Francisco Garcia (Director, Planning): Mr. Chair? Yes; please, my apologies. I believe PZ.1, the intent with PZ.1 was to defer it indefinitely; not to the next meeting. Chair Russell: PZ.1. Mr. Garcia: Yes; attainable housing, sir. Commissioner Reyes: That's right. Chair Russell: Okay, yes. Commissioner Hardemon: I have it withdrawn. Chair Russell: To work on it. All right. Mr. Hannon: Okay. So part of the motion would be PZ.1, infer -- deferred indefinitely. Chair Russell: Thank you. Any further discussion? All in favor, say "aye." All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: We're sleeping already. Any opposed? Motion passes. Thank you, everyone, for your advocacy, involvement, and patience. We are adjourned. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Russell: All right. We are going to stay through the lunch break a few minutes to take on public comment. If you are here for any item on the regular agenda -- not the Planning and Zoning agenda, but the regular agenda today -- please approach each of the lecterns, and you'll have the right to speak for two minutes apiece. Let us know your name, the item you're speaking on, and you'll have two minutes. At about the 30-second point, you'll hear a beep; please start to wrap it up at that point. Commissioner Carollo: How long are we staying here for? Frank Pichel: Ladies first, please. Mariella Lopez de Albear: Okay, thank you. Mariella Lopez de Albear, 661 Northeast 68th Street. I'm here for the Morningside pool. I want to share what happened on September 10, Tuesday, at the community meeting in Morningside Park. Lara Hamwey, from Parks and Recreation, came to our meeting, and I commend her for having the patience to deal with the extremely hostile, disrespectful, arrogant dictator, so-called president of the Morningside pool -- Board, who completely disregarded that it was a community meeting to discuss and get feedback, and I'm admitting a first constitutional amendment right of freedom of speech. He tried to ram his personal resolution through, while presenting it formally to the rest of the community, which was not able to attend. A personal resolution, which is not necessary, representative of the 2,100 individuals that Elvis Cruz obtained signatures from in reference to community petition, urging the City of Miami to rebuild the pool and leave it at its location that it's always been for over 50 years. So please don't let them tell you that you can't fix the pool or that it has to be moved, because your engineering study says otherwise. City of Miami Page 11 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: I'm sorry; which item is this? Ms. Lopez de Albear: Morningside pool. Chair Russell: Which item? I don't believe we have a Morningside pool item on this agenda. Ms. Lopez de Albear: You don't? Vice Chair Gort: No. Chair Russell: I'm sorry. Ms. Lopez de Albear: Well, okay. Chair Russell: But your point is taken. Thank you very much. Ms. Lopez de Albear: Thank you very much. Bye. Chair Russell: Thank you. Vice Chair Gort: She's learningprocedures. Chair Russell: Good morning. Mr. Pichel: Good morning, Chairman, Commissioners, everybody. Frank Pichel. I watched the Code Enforcement Board meeting last night (UNINTELLIGIBLE), and I just want to make a couple comments on that, being the former Chairman of the Code Enforcement and Nuisance Abatement Board. And I heard these comments regarding bringing back the magistrates or special masters, whatever they are. I'd like to call them something else, but I can't in public. I think it's a horrible idea. I think it's a waste of money and taxpayers' money; that's the reason why we got rid of them. The Code Enforcement Board was asked by all of you whether or not we could do without the special masters, and you guys did away with them. I'm afraid that it's being manipulated through further special interests and give their buddies a salary and a way to perhaps even -- I've got to use the word, "cover up" some of the wrongdoings by both sides, the government and the public, and I'm legally and totally against it. And I promise you that if I was still Chairman of the Code Enforcement Board, I would subpoena the Code Enforcement Department to see why it is that some of these cases are not being brought forward, and ask that a special investigator be assigned with subpoena power to see what is the situation that's holding up all these Code Enforcement violations, regardless of who they are, myself included; it doesn't matter, because we have to bring our City back into -- or out of this dispute and make sure that everybody's treated equally under the Code and the law. And I don't want to see the Code Enforcement Board be used and abused by anyone, me or `A" through "Z. " That's my comment, and I thank you for your time. Chair Russell: Thank you for your comment. Good morning, sir. Joaquin Perez: Good afternoon. Chair Russell: Good afternoon; you're right. Mr. Perez: My name is Joaquin Perez. My address is 710 Southwest 12th Avenue, and I'm here to speak on SR.7. Mostly, my questions will be directed to Commissioner Carollo, due that I am a marine, and I will have one for the City of Miami Page 12 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner. Mr. Carollo, we have --from me being in the military, there is four different discharges, correct? Correct? Commissioner Carollo: Sir, let me say this to you: This is public comment. You're not -- Mr. Perez: Yes, sir. Commissioner Carollo: -- here to make apolitical stand and question me -- Mr. Perez: Sir, a political stand, I am not making, sir. Chair Russell: Just a moment. Mr. Perez: I do not (UNINTELLIGIBLE). Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Hardemon: Mr. Chairman -- Mr. Perez: Please do not interrupt me. I have my two minutes, sir. Commissioner Carollo: (UNINTELLIGIBLE) too many problems. Mr. Perez: I have my two minutes, sir. Chair Russell: Sir, sir, one moment. Commissioner Carollo: If you have any problems -- Chair Russell: (UNINTELLIGIBLE) address the Chairman. Commissioner, you as well; please address the Chair. You have to speak through the Chair so we can keep decorum. Thank you. Commissioner Carollo: This is public comment. Chair Russell: Yes, but still, they're not to ask you questions; they're to speak to the body through the Chair. Mr. Perez: Okay. Later... Mr. Perez: Will you let me finish? Chair Russell: Yes, of course. Ms. Mendez: Mr. Chairman? Chair Russell: You have your two minutes, please, but do not address the direct Commissioners. Any questions, direct them here. Mr. Perez: Okay. My statements reference this is any person that serves a nine - month period, which there is no enlistment that lasts nine months, the only thing I'm asking, does he have a pension, a disability? Because the only way to get out of the service within nine months is to have a disability from wartime. So if he has a pension from -- or if anybody has a pension from the military, then that is something City of Miami Page 13 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 that needs to be brought up. Also -- and this goes to, "Sir, I thank you for your service. " I had never heard of anybody that serves nine months and gets out with a private and an honorable discharge. That is my two cents. My other statement is, we had two servicemen today that were honored. I bleed green. I also bleed blue. And I will bleed green till the day I die, because I will die a marine. If I was a military personnel -- and I'm not judging anybody -- I would have been here to honor those two servicemen that served during wartime. That is my two cents. Chair Russell: Thank you for your comments, sir. Mr. Perez: Thank you, and "Semper Fi. " Chair Russell: Good morning. Mr. Rynne. Good afternoon. Patrick Rynne: Good morning --good afternoon. Thank you for the opportunity to speak. My name is Patrick Rynne. I'm hereon behalf of the Miami Sea Level Rise Committee and its eight other committee members to urge the Commission to move forward with Item SR.2, an ordinance to consolidate the responsibilities of the Waterfront Advisory Board into our committee, and to redefine its name and scope as the, quote, "Climate Resilience Committee. " This ordinance has brought support from City staff and our committee members as a logical step towards serving the resilient needs of Miami in the face of unprecedented, anthropogenic global warming and resulting sea level rise. This item passed on first reading at the July 11 Commission meeting, but was deferred at the July 25 meeting. The Sea Level Rise Committee recognizes that the Commission has a very full agenda today, but we are concerned that this important item will be deferred again. I'm here at the request of our committee members, who met three days ago for our monthly meeting, to urge you not to defer this item further. This recommendation is motivated by productivity, an important theme when it comes to resilience work. The Waterfront Advisory Board is currently not functioning adequately, due to an inability to reach quorums, and the work they are responsible for is important to creating a more resilient Miami. In contrast, our committee has never missed a meeting since its creation, which is, in part, why this consolidation was initially recommended to us by City staff. After studying the role and responsibilities of the Waterfront Advisory Board, my fellow eight members and I, along with the City staff that support us, are eager to get started on this new body of work, and continue our progress on making Miami a global leader in climate resilience. It is our opinion that deferring this item further will result in wasted opportunity, productive time that our talented group of volunteers could be spending working to solve problems. Thank you for your time. Chair Russell: Thank you for your comments, and that was about SR.2. Thank you. Good morning -- afternoon. Javier Herbello: Good afternoon. Javier Herbello, 710 12th Avenue. Mr. Chairman, am I allowed to ask questions, or we're still on (UNINTELLIGIBLE) -- Chair Russell: No, please. You're -- Mr. Herbello: --just to the committee? Chair Russell: Yes. You can make comments to your -- Mr. Herbello: Okay. Chair Russell: -- opinion, but please do not ask questions. Mr. Herbello: SR.7 -- City of Miami Page 14 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Thank you. -- Mr. Herbello: -- same thing. All right. Chair Russell: SR. 7 has been deferred. It sounds, though -- Commissioner Reyes: If it have been deferred, let's -- Chair Russell: And we opened comment already for the deferral of that item, but it sounds as though your comments may be more toward the discussion item that the Commissioner is bringing just after lunch, so you can comment to that. It's -- please, just make your comment. You have two minutes. Mr. Herbello: Okay. Thank you. Chair Russell: Thank you. That's the DI.10 item. That's what you're bringing up. Mr. Herbello: All right. It's pretty much to the same fact and kind of piggybacking, but we were shown today a DD-256, okay? And you said it was because you're reserve. Since 1950, military personnel that serve more than 90 days active duty receive a DD-214. I'm a United States Marine Reserve. I served in the Reserve Force, and I have a DD-214. I do not have a DD-256. That's a diploma, okay? And what a DD-214 is, is a transcript -- that's actual record, okay? -- that shows your military services. Okay? There's men and women that sacrifice a lot to be where they are when they become United States Marine soldiers, sailors, airmen, okay, and it's not to be taken lightly; a lot of people sacrificed for that. Okay? I yield. Chair Russell: Thank you for your comments. Good morning. Commissioner Carollo: Chairman? Chair Russell: Yes, Commissioner. Commissioner Carollo: Let me make a one brief statement. These gentlemen that have been prepped up to come here, that have been part smear campaign against me -- You proud, Mr. Manager? "Semper Fi. " Have any problems -- Emilio T. Gonzalez (City Manager): Sir, is that an accusation? Commissioner Carollo: Well, I'll deal with that after 2 p. m. Chair Russell: Can we hold the entire discussion -- Mr. Gonzalez: Absolutely. I look forward to it. Chair Russell: --for after 2, please, gentlemen? Commissioner Carollo: The -- if they have any problems with the honorable discharge that I presented, they should take it up with the Marine Corps Commandant. Furthermore, if I would have had an agenda that would have had in the agenda that was given -- the one that I have did not have it -- that we were making presentation to veterans, I would have been here, but in the agenda that we have, I don't have that. And just because the Mayor decides at the last moment to play this game of putting this on the agenda so he could work it with the captain that I would hope would have come here today and would have shown his birth certificate to prove that he is not white Hispanic; that he is black, African American, City of Miami Page 15 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 like he claimed when he took the lieutenants' exam, then maybe I would answer some questions. But this is not a trajfc stop that somebody gets up here and they're going to question us. This is not the way it works. And I'm not like some of the other people that have sat here before that's going to be intimidated, that's going to be scared. Yeah, you all could laugh and play. I've been sitting up here before most of you were even born, and I've accomplished in a short time of my life what I know none of you have accomplished. So for this game to go on, a political game, that I was set up, so I could be attacked and a smear campaign can come against me, I'm not going to put up with that. But feel free to come back in the afternoon, because you will hear an ear full from me. And again, any problems that you have, any complaints, you should take it up with the Commandant of the Marine Corps. Chair Russell: Thank you, Commissioner. Let's continue with DI.10 after 2. Thank you. Next public comment. Ms. Crespi. Cristina Crespi: Good afternoon, City Commissioners. Thank you so much. I'm Cristina Crespi. I'm the Deputy Director at the Miami Downtown Development Authority, but today I address you as the Chairwoman of the Making Strides Against Breast Cancer Campaign. We are very lucky to have a sponsor of the Item CA.15. Commissioner Reyes, thank you so much for sponsoring the item and for donating from your district funds to this very important cause. And I want to thank also the City Manager for getting all the City departments involved, as well. They'll be creating teams, and especially the City Police Department, because the Chief has taken it on, and it's going to be a very fun and competitive year. I'd like to say just a few words about the cause. The American Cancer Society, Making Strides Against Breast Cancer Walk is not a race. It is a celebration of survivorship, an occasion to express hope and a shared goal to end a disease that threatens the lives of so many people we love. This non-competitive walk raises money for breast cancer research, education, advocacy, and patient services. Proceeds from Making Strides Against Breast Cancer are solely towards breast cancer funding. We look forward to seeing each district participate with us on October 26 at the walk. And if you see -- if you so wish to donate funds from your district, we would greatly appreciate it. It is a very important cause, and very near and dear to my heart. So I hope you can join us on October 26 at Marlins Park. Thank you so much. Chair Russell: Thank you very much for your comment. Good morning, Mr. Cruz. Good morning again. Elvis Cruz: Thank you. Elvis Cruz 631 Northeast 57th Street. Commissioners, I'm here because I want to enlighten you about a bizarre situation that's happening with Morningside pool. Chair Russell: Which item are you speaking on, please? Mr. Cruz: I'm -- there is a Morningside item on the agenda; I'm not exactly sure of its number. Chair Russell: Tennis. Ms. Mendez: It's tennis. Chair Russell: It's been removed. Mr. Cruz: Okay. Chair Russell: Been withdrawn. City of Miami Page 16 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mr. Cruz: Well, as you may know, Mr. -- Chairman Russell, I've requested a personal appearance before this body back on May 30, under City Charter Section 2-33(C)(4). I have yet to be given that personal appearance. This is the best I can do, is try to enlighten everybody two minutes at a time. I would request that I be allowed to speak. Chair Russell: So the tennis item was withdrawn from the agenda. There is no other item on the agenda with regard to Morningside pool. We are going through a very robust process with your neighbors and the Planning Department, and the Parks Department, which has been, I thought, moving forward well. The ability for someone to come on a public appearance basis, above and beyond the regular public comment, has to do with if your issue is not being handled by the Administration. My understanding as the Chair is that your issue is being handled; not yet to its full satisfaction, but the moment you come to this Commission as a body, as a whole, is when you cannot get satisfaction from the Administration on something and that's when you can bring it to this entire body, and that's the reason I've asked for, out of courtesy for you, to hold on the public appearance portion until that process is completed. So that's the only reason; it's not to stifle your ability to make yourself heard, but we simply don't have an item on the agenda, a very long agenda, including budget, CRA meeting, and a Planning & Zoning agenda, to really address these issues. I've already talked longer than you probably would have taken to do this. Mr. Cruz: Thank you. Chair Russell: So I'll let you continue, but I would like you to please respect that process in the future. There is -- that's where we are on this. But I know this body wants to hear from you, as we always do. Mr. Cruz: Thank you. That's very kind of you. I appreciate that. Let me say, regarding the Administration handling my issue, they're actually moving in the opposite direction. They're not satisfying the issue. And if I'm allowed to continue -- Chair Russell: Yes, sir. Mr. Cruz: --I will present that. Chair Russell: Two minutes -- Mr. Cruz: That's all I need today. Chair Russell: -- of what's left. Mr. Cruz: What's that? Chair Russell: Minus whatever I spoke, what's left -- Mr. Cruz: Yes. Thank you. Chair Russell: -- of the two minutes. Mr. Cruz: Thank you. Chair Russell: Thank you. Mr. Cruz: So, some are saying that you cannot build a new building or a new Morningside pool in a flood zone, which is represented on the purple here in the City of Miami Page 17 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 map. That's the VE flood zone. That's simply not true. Of course you can build a new building in the VE flood zone, and here's an example. The City of Miami built this brand-new building right through that wall, about hundred yards from here, the Dock Master's Office, and it is about a hundred feet from the bay in the VE flood zone, just like a new Morningside pool would be. And here's the VE flood zone map, right where we are standing, City Hall, and it clearly shows that the new building that you built is in a VE flood zone. Chair Russell: The blue is the AE and the green is the VE? Mr. Cruz: Yes, the green is the VE, correct. And you can engineer those new buildings to be extremely hurricane resistant. This is the famous house in Mexico Beach that withstood a Force 5 hurricane; Hurricane Michael. There's a view from the back; you can see it. It's right on open oceanfront. It's not behind two barrier islands in a very shallow Biscayne Bay. So in closing, I want to mention that building a new build -- a new pool in the same location is a very valid compromise. It's not what I first wanted. You know I'm a champion of fixing the existing pool completely based on the City's own documentation; not my opinion; engineering studies that were paid for by the City, but never let it be said that Elvis didn't compromise. This City is in love with not maintaining things, tearing them down, and building them new. That's a bad habit I wish they would break. However, if it means getting this done quicker, do it. Build a new pool, keep it in the same location, and perhaps, most importantly, there should be more public input meetings. The Morningside plan has 25 different elements. There should be at least two more public meetings. Chair Russell: As there will be for sure. Thank you. Mr. Cruz: Thank you so much. Chair Russell: You've got my word on that. And Mr. Cruz, I do want to recognize, this is a -- it's an incredible move of compromise and flexibility on your part -- Mr. Cruz: Yes. Thank you. Chair Russell: -- and I recognize that, and I am going to work with the Planning -- the Capital Improvements and the Parks Department to discuss the possibility of building a new pool, but in the same location; in the -- Mr. Cruz: Thank you. Chair Russell: -- VE zone and what that would require. Mr. Cruz: As you promised on July 11, this is your chance to make wonderful and be a hero. Ken, be a hero. Chair Russell: Thank you, Elvis. Thank you. Commissioner Carollo: Can you do that again, Elvis? Mr. Cruz: What's that? Commissioner Carollo: Can you do that again? Mr. Cruz: Did you like that one? Commissioner Carollo: Yeah. Go ahead. City of Miami Page 18 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Thank you. Renita Holmes: "When a hero comes along." Chair Russell: Well, it's been a while. Commissioner Carollo: Pretty good. Chair Russell: It's been a while. Good to see you. Ms. Holmes: It's wonderful to be here. Thank you, gentlemen. It's great to see you at work. Just briefly, I wanted to touch on the issues of the CDBG (Community Development Block Grant) funding items CA (consent agenda) through -- Madam Holmes, Executive Director and founder of Wave of Women in Public Housing, Education, Finance, and Development, and I'm not here to beat you up, guys. I mean, you guys got the bat and the balls; let's play ball, but I want to be included when I come to you as a woman. The women in public housing -- When I look at the budget, I'm always -- and I see the allocation of CDBG funding -- I have always, in 47 years of advocacy -- ain't going to tell you how young I am -- have always advocated for impoverished mothers in public housing. And as I attend the meetings at the City and we look at the way things are done, the process is a myth of talking about performance and measures and sub -contractors, and local folks. But when I look at the way the allocations are made, they're mostly done on a economic level, not on a social economic level, and as many studies as we have had throughout the County and the City, and as much experience I've had a woman, and you all have wives and mothers, I don't see the gap being filled when it comes to women getting these social support that they need. One project, Lotus house, the HA (Homeless Assistance Center), they're there for housing, and a lot of the folks that are there have a lot of trauma. We have one psychologist, and then you refer them out. So women are really suffering as a result of not having specific type of victim assistance. Woman in public housing are suffering, because there is no wrap- around services. And when I look at the purpose of CDBG funding throughout my time, and I look at the allocations we make, we're not making enough. So now, while we're waiting to talk about mixed affordable housing, displacement, gentrification, I'll be more specific, and then I'll close, because it takes a lot more than two minutes, and I have to be back with my seniors and my mothers, who are all 90 percent victims of domestic violence, sexual assault. I need wrap -around services to sustain me in a HAC -- I mean, Lotus house, in a neighborhood that still people disrespect, and you've done a wonderful job, as far as I'm concerned, in allowing when I got here. I mean, we struggle as women and advocates. I'm a subcontractor; do painting. I do the workforce. Do it all. I still haven't received any funds, but yet, we still do volunteer work and fixing up things around there. The persons with disability, the mothers and the seniors, and the ladies in the wheelchair, and those with children that were displaced on the main (UNINTELLIGIBLE), they're moving back and forth between Overtown and here. They're displaced, but they have to live in the HA with people that offended them, people that have braces on their anklets, and that's a conflict of interest. I've got two mothers that's been battered there with their daughters. Their daughters are homeless now, and now they moved in there, and now they're still babysitting with the daughter that offended them and still beats them up, but when I try to talk to social service person, you know what they tell me? "Well, this is just the way. " It's not what you do sometimes; it's how you do it. But when we got CDBG funds, we said that we were going to deal with those who were victims, homeless, living in public housing, military veterans, and not exactly in that order, but damn sure inclusive of all. I'm asking you one thing today: Look at the performance and the measures. Look how we allocate. Look at the gender of those specific. See what type of impact, and bring some equity and some balance for City of Miami Page 19 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 women that are impoverished, yet thriving. I'll talk more to you about it. I'd like to ask for a personal appearance. I think there are some things we need to do as women. Lastly, you have a Commission on the Status of Women. Have there been any appointments? What's been their performance? What issues they're having? Well as a steering committee person of the Dignity Campaign in the State of Florida, Tallahassee that has now touched 48 states, the dignity of formerly incarcerated women, and those mothers of incarcerated children, yeah, we're suffering housing, but we still need some help. Maybe you all need to join onto that litigation -- I mean, that legislation. Maybe you need to take a look at how we're providing supportive services and allocating CDBG funds, and seeing how well our social economic balance and allocation will impact us even better than that. Chair Russell: Thank you, Madam Holmes. Ms. Holmes: Thank you so much. Chair Russell: Thank you for your comments. Mr. Stern, good afternoon. Grant Stern: Thank you. My name is Grant Stern, and thank you for giving me the opportunity to comment so I can get out of here before the time certain item on that item, which is the referendum to give a no -bid contract to a billionaire for public land that will be -- amount to a billion -dollar subsidy over a 99 year period; probably more. I think that it's a bad idea. I think that this City showed poor judgment in hiring the former District 2 Commissioner as the lead negotiator for the lease, and I'll tell you why. His vote was the swing vote in a 3-to-2 vote that enabled the Marlins Park, and he did that when nobody knew how bad a deal it was. Now, funny story. The Melreese people have hired the same exact lawyer. He's a brilliant lawyer, by the way. His name is Richard Perez; fantastic lawyer. But the fact of the matter is, I see no possible way that the City of Miami will cut a fair deal with the Melreese people using the same person that made the Marlins Park mistake. It's just not going to happen. Now, I don't have a lot of time, so I have to move on to another item. There's a consent agenda item to keep the City of Miami police oj5ricers from working off duty -- Chair Russell: That's been removed. Mr. Stern: --at bars and nightclubs. Chair Russell: That's been withdrawn. Mr. Stern: It's been withdrawn? Chair Russell: Yes. Mr. Stern: Okay. Have you guys withdrawn the pension item? Chair Russell: It's been deferred. Mr. Stern: It's been deferred. So I would just like to say about that one, it passed on first reading. I didn't think that the public had adequate notice that that item was going to be heard at that time. It's a terrible idea. There's a reason why we got rid of those pensions in the first place. And frankly, I think that there's too few of you guys. There's too few Commissioners with too much power, and I think that this City needs to reorganize a little bit, and give more people a say in city government so we can have a better city government in the City of Miami, and that goes for Melreese too. We need abetter government by not doing a no -bid deal with a billionaire for City of Miami Page 20 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 his play toy, the soccer stadium in a billionaire -dollar commercial development, a $750 million hotel. Thank you and have a good day. Chair Russell: Understood. Thank you for your comments. Good morning. Good afternoon. Thomas Reyes: Good morning. My name is Thomas Reyes. I'm the current President of the Miami Fraternal Order of Police. I'm here representing all these great men and women out here that serve our City. I'm here to speak on a couple different topics. One is, I want to support you guys with your pension. Our members want to support you guys in your pension, but we have an issue. When we have a Commissioner that gets up and speaks about our members -- okay? -- and says he can disarm SWAT (Special Weapons and Tactics) members -- okay? -- or claims to be things that he's not -- okay? -- that's a problem. Okay? As far as the CA.16, I just want to make sure that that is not going to be brought up later as a pocket item, because it does have a financial impact on the City, as there are hundreds of thousands of dollars in surcharges collected. Okay? So I just want to make sure that that's not going to be brought up as a pocket. Chair Russell: It's been withdrawn. Mr. Reyes: Right, but I want to make sure it's not brought up as a pocket item later, because it does have a financial impact on the City. Chair Russell: Thank you for your comments. Mr. Reyes: Okay? That's all. Thank you. Chair Russell: Thank you for your comments. Good afternoon. Hugo Alvarez: Good afternoon, Madam Attorney, City Manager, members of the Commission. My name is Hugo Alvarez, of 121 Alhambra Plaza. I'm here to speak on RE.3, 6258. This is in connection with the procurement associated with the citywide canal cleaning services for the City. This procurement has a significant problem in that, for some reason, the local preference was removed, and by removing the local preference, it's going to cost the City and the taxpayers over a million dollars to potentially hire a contractor that is not in the City of Miami, not in Miami -Dade County, but rather, outside of Miami -Dade County. And I think it'll be bad public policy for this Commission to spend more money -- to send that money out of the City of Miami and hire a contractor that is not local. So I think a discussion should be taking place with respect to why that local preference was removed, because this is a procurement that, as I mentioned before, has had some issues, and certainly, I think everybody in here, including the Commission, wants to hire local contractors and wants to save money. And by doing some of the things that was done here, you're not hiring local contractors and you're not saving money. Thank you. Chair Russell: Thank you. I'll bring it up at the item. Thank you. Hello. Javier Ortiz: Good afternoon. My name's Javier Ortiz. I am the district director for District 6 for the Fraternal Order of Police, as well as an executive board member for the Miami Fraternal Order of Police, 710 Southwest 12th Avenue. I'm here to discuss DI.10. I have people that will waive their time, but I don't think that's going to be very necessary. I'm glad we're able to finally speak. I tried to speak to the Commissioner the other day, but he hid behind a car, so I didn't have the opportunity to speak to him. When you talk about my ethnicity, which has absolutely nothing to do with this, that's coming from someone that's a documented racist. And if you City of Miami Page 21 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 want me to provide those documents, I'll be more than happy to; the KKK (Ku Klux Klan) back with Metro -Dade Police. So if you want to start putting accusations, we can. From the get -go, I spoke to you -- and I'm sorry; I'll speak through Chair. Chair Russell: Thank you. Mr. Ortiz: I spoke to Commissioner Carollo, and I told him that this was not personal. All he had to do was provide documentation to show that he was a US Marine, and he told me, no; said he wasn't going to do it. I explained to him, Mr. Chairman, that my members wanted to know, and he wanted to know the names of those members. He wanted to know who was doing it, because, of course, everything with him is some type of hidden agenda, some secret mission. There is no secret mission. My members are here. So if you have an issue with his service, please stand up. So here are some of the members -- through the Chair, here are some of the members that are questioning his service under DI. 10, okay? We all know -- and I'm speaking on behalf of Fraternal Order of Police -- that he has a history of being a bully and intimidating people. You don't intimidate me. You don't intimidate anybody here. And that's why we're here today. I knew you were going to play the game of withdrawing the -- you know, the -- oh, you're trying to do the directive (UNINTELLIGIBLE). We knew you were going to do that. You're just notorious. You weren't here this morning when we had two real veterans that have served there. And through the Chair, I want to ask these questions, because you're really slick. You're really slick. Where did you serve; in what capacity? Where were you this morning? Somebody defer their time? Chair Russell: No, no, no, no, no. Mr. Ortiz: Got `em. Thanks. Chair Russell: We're -- Mr. Ortiz: Almost done. Chair Russell: Please, please. Mr. Ortiz: It'll be quick. Chair Russell: There is -- Mr. Ortiz: It'll be quick, Mr. Chair. It has to do with DI.10. Chair Russell: The rhetorical questions are not necessary, though. Mr. Ortiz: Okay. Chair Russell: This is not an investigation. This is not an interrogation. Mr. Ortiz: It's not an investigation. We just -- these are concerns -- Chair Russell: You're hereto make your comments, please. Mr. Ortiz: Okay. My comment is that there's absolutely no information to show that he reported as an -- to Oj5ricer Candidate School in Quantico. There's absolutely no information or evidence that he ever served, at all, except signed a piece of paper. There's absolutely no evidence that he ever wore a Marine Corps uniform. There's absolutely no evidence that you have ever said, `I'm a Marine Corps veteran, " as a politician. Never. Or just all of a sudden, at some meeting in the back. There's City of Miami Page 22 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 absolutely no information that said that you went to boot camp. And since you presented that document, it's a public record, and I request a copy of it by the end of today, seeing that you are the custodian and you have it. You asked, who's questioning your service. They're here today. I know that you withdrew the item, and I wonder if you will try to squeeze it in as a pocket item, because that's something that you would do. And the reason why we're so concerned about that is because you have a history of having issues not only with the police, but coming up with that security company, Genesis; the grand jury investigation; people feeling that they were pressured to --so maybe that's the reason why. We can't figure it out. But on behalf of my members of the Fraternal Order of Police, we serve professionally, we serve with dignity. There is more accountability than ever. And I'd like to see you try to disarm one of the Miami SWAT team members. Oh, and by the way, most of them are veterans that probably served, and they got no issue in explaining -- or presenting the fact that they have honor in what they did. Thank you. Chair Russell: Thank you for your comments. Mr. Ortiz: Oh, by the way, and I'll be here for DI.10, sir. If you want to -- Chair Russell: Thank you for your comments. Mr. Ortiz: --you know, come at me, I'll be therefor you. Thanks. Chair Russell: Next speaker, please. Albert Robert: Good afternoon, Mr. Chairman. Good afternoon, Commissioners. My name is Albert Robert. Commissioner Carollo: Well, hold on. I do have to answer something, briefly. Chair Russell: Commissioner Carollo. Commissioner Carollo: Because you let him say things that, according to our rules, they're not supposed to defame and insult, like calling me a racist; only because I questioned what -- not I,• he did on a lieutenant's exam. He placed under the part of what is his race, not a white Hispanic male, like you see that he is; he said he was a black African American, and he did that to -- in his thought, that he would get ahead, if he needed to. You asked so much of me; now I'd like for you to bring back this afternoon your birth certificate that would show that, in fact, you are a black African American. That won't happen. Now, you don't get to come back and shoot your mouth off; now it's my turn to talk. Mr. Ortiz: Right, because you'll run away in the back -- Chair Russell: Just a minute, please. Mr. Ortiz: -- of a taco stand; I know, I know. Chair Russell: Please. Mr. Ortiz: I'm right. I'm right. Chair Russell: Gentlemen? Mr. Ortiz: Whenever you want a debate, I'm (UNINTELLIGIBLE). City of Miami Page 23 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Commissioners? Commissioner Carollo: Any time you want to feel lucky (UNINTELLIGIBLE). Mr. Ortiz: (UNINTELLIGIBLE). I'm not afraid of you. Commissioner Carollo: I'm an old man. Mr. Ortiz: Nobody here is afraid of you. Commissioner Carollo: Yeah, but -- Mr. Ortiz: This isn't about (UNINTELLIGIBLE). Commissioner Carollo: -- There's a difference between you and I -- Mr. Ortiz: (UNINTELLIGIBLE) follow us around. Chair Russell: Gentlemen? Mr. Ortiz: You do not control the Police Department. Chair Russell: -- (UNINTELLIGIBLE) your comment. Vice Chair Gort: Decorum. Chair Russell: Please, gentlemen. Commissioner Reyes: Listen, listen -- Chair Russell: Stop. Commissioner Carollo: If -- Commissioner Reyes: -- this is not the place to do this. Chair Russell: I made a big gavel for a reason. Commissioner Carollo: I like that. Now, can you get -- Chair Russell: We're going to bring order here. Commissioner Carollo: -- this guy out of here, gentlemen? Chair Russell: No, we're not removing anybody. Commissioner Carollo: No. Chair Russell: We're about to break for lunch. Mr. Ortiz: (UNINTELLIGIBLE). Commissioner Carollo: No, you're not. Chair Russell: We are about to break for lunch -- Commissioner Carollo: You're not giving me -- City of Miami Page 24 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: -- because we will not have (UNINTELLIGIBLE). Commissioner Carollo: -- the opportunity to respond to false allegations of this man calling me a racist. Chair Russell: I'm going to give you full opportunity at your item, which is specifically about this, and I want to respect you for that and your time. You will absolutely have that, but we are not going to get in an argument back and forth on this dais. Accusation, questions, interrogations, that's not this forum. But you'll absolutely have your discussion item, and I will not stand in the way of that, and we've given it a time certain. Commissioner Carollo: Let me just -- Commissioner Reyes: Mr. Chairman -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- I request that you impose on us, on anybody, decorum, some sort of decorum. When you're going to accuse somebody, either one of us or anybody else, we need proof of personal attacks. This is not the place for it. I think that you should exert your authority as the Chair and ask from us and from the public some level of decorum. Chair Russell: Thank you, Commissioner Reyes. Commissioner Carollo: And Mr. Chairman, we have approximately 1,350 police officers in the Miami Police Department. You have here today approximately 25 that have been brought, if they are all police officers. I'm supposed to be impressed with that? I'm supposed to be impressed with that, that this is the leadership? And you know, it's sad that the present President and leadership that beat his slate are so politically weak that they're letting themselves be led by the police officer that has the worst record, the most complaint, the most charges of abusing residents -- Mr. Ortiz: (UNINTELLIGIBLE) accusations there. Commissioner Carollo: -- of Miami -- of any in Miami. Chair Russell: All right, gentlemen, it's time to move on. Mr. Ortiz: DL10, I'll bring the evidence, and I'll prove that you're a racist. Thank you. Chair Russell: DI.10 will be heard in the afternoon. Let's finish with public comment and decorum. Good afternoon. Albert Robert: Good afternoon, Mr. Chairman. Good afternoon, Commissioners. My name is Albert Robert, 2980 Northwest South River Drive. I'm a firefighter with the City of Miami and a liaison with Muscular Dystrophy Association. I'm speaking on CA.14. I come before the Commission to inform you of this year's annual muscular dystrophy food drive that the firefighters do. This is actually the 65th Annual Food Drive that the City of Miami Fire Department will be participating in. I also would like to thank Commissioner Manolo Reyes for his support and donation to this year's food drive, and I'm sure the rest of the Commissioners will also be supporting. We will be collecting this year in October; just wanted to inform the Commission, citizens, and visitors of the City of Miami. Thankyou. City of Miami Page 25 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Thank you for your comments. Thank you. Good afternoon. Mike Hulon: Good afternoon. Mike Hulon, Texas Aquatic Harvesting. We are here to rebuttal the comment that was made earlier on RE.3, and we'll be here through that process, too. If you need it, we have been in an ojfice in Miami since 2005, and we do have an ojfice here, and we do qualms for the exemption, if it was in there. And we also have served you proudly, and had no problems with your people or anyone since 2005, and we hope you take that into consideration when you see the resolution, RE.3, okay. Thank you very much. And we're here to serve you. Chair Russell: Thank you very much. Commissioner Carollo: Mr. Chairman? Chair Russell: Could I -- Yes, Commissioner. Commissioner Carollo: Oh, we got one more, okay. Go ahead. I'm sorry, sir. Chair Russell: Good afternoon. Jim Fried: Its okay. Hi. My name is Jim Fried. I live at 555 Northeast 34th Street. I'm here to discuss Melreese Park. Many people asked me about the scheme to abolish Melreese Park. First, let me say that Miami ranks last in park space per capita for cities of Miami's size. That's simply deplorable. We need more grass and trees, not less. We do not need to demolish public parks. We do not need to destroy our only public golf course. Frankly, the more I read about the proposed no -bid deal, the worse it looks. Needless to say, if I'm elected, I'll listen to both sides, but my bias is towards the respect to public parks. And I'd like to know where you're going to replace the public parkland that's going to be lost if they demolish Melreese Park under the current proposal. Thank you so much. Chair Russell: Thank you for your comments. Is there anyone else here for public comment before we close? Lori Farrell: Lori Farrell. Do I give my address again? Chair Russell: No, we don't need your address; just which item you're speaking on. Ms. Farrell: Okay. I just wanted to say regarding Melreese Park, it is a -- the large -- most highly populated municipality in Dade County is the City of Miami, and I really think it's very important to think about, first of all, it is a park. It is public used. Tiger Woods, Jason Day; a lot of professional PGA (Professional Golf Association) players grew up playing on public golf courses. This is food for thought. I think it's extremely important that the most populated municipality in Dade County have a public golf course. City of Miami Beach has a public golf course, City of Coral Gables has a public golf course, City of Key Biscayne has a public golf course. This is -- there will be a huge public outcry about this issue within the community that will be backed by a great diversity of people, and I think it's extremely important. This is a long-term decision for the next hundred years. I'm the biggest sports fan around. I can tell you Sandy Koepka's batting average in 1964. We went against the Marlins for Bicentennial Park. We wanted green space of 16 acres. We didn't believe in two stadiums side by side on the waterfront in downtown Miami. This is the same issue I fought seven years for; to secure the site for the museum. It's a beautiful 29-acre site today. This is the last largest piece of public land. I've had about a hundred people come to me and say, "Please be the public voice for Melreese Park. " It's something -- and it's not that I don't like City of Miami Page 26 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 soccer. I love soccer. I like every sport. I play a lot of golf. A lot of PGA players are against it. The USGA (United States Golf Association) will be against it. So I want you to think about what we're doing with the largest piece of public land. Chair Russell: Thank you. Ms. Farrell: Give -- by a Miami architect, Charlie McHanis' father, Charles Delucca, just passed away this week, and it's just something -- it's a long-term item, but there will be a public outcry against it. Thank you. Chair Russell: Thank you for your comments. Good afternoon. Brenda Betancourt: Hello. Brenda Betancourt, 1436 Southwest 6th Street. My question is for FR.4. I was part of the Code Enforcement Board, and we always have a problem when we have big developers, unfortunately, that they go to the magistrate and get a slap in the hand and say, "Don't do it again, " and that's it. It's forgiven. So the Code Enforcement is so important, but you have so many -- seven different residents from the City of Miami who actually suffer to have a empty property next door or garbage in the lot next door, and suffer all the Code violations that exist in Miami. And when you, as a body, which represent -- every single one of you going -- continue with the magistrate again, after we know it doesn't resolve any issues, it doesn't even help for those Code violations to get fixed, go back to the same state that we have done before. I hope that this is -- maybe it's going to be in the channel for the City of Miami, and you actually will be able to see what the magistrate is doing, because before, it was not televised, and they can do whatever they want if they owe millions of dollars of citations from Code Enforcement, because it's a magistrate and it's a different process against one person deciding; it's always go against to the residents, because you don't send a single homeowner to the magistrate. Why? It's very simple why. Because the person doesn't have an attorney to pay for it. Thank you. Chair Russell: Thank you for your comments. Mr. Pichel, I believe you already had Mr. Pichel: No, but this is about Melreese. Chair Russell: Right, but you spoke already for the public comment period, if I'm not mistaken. Mr. Pichel: I can't say anything about Melreese, except that it's a terrible deal? Chair Russell: You can say that, of course, but please. Mr. Pichel: Thirty seconds? Chair Russell: Sure. Mr. Pichel: Thank you. I'm against the Melreese deal; not because I think that Melreese Golf Course is a good investment for the City. I don't think it is. It's not a money maker. I'm against giving land away to spoiled brat, multimillionaires that never worked in their life, or a guy that kicks a ball is a multimillionaire, and we have people here that risk their lives every day, and veterans that have gone to war, and make 50, $60,000 a year, and we're going to give our land away to a guy that kicks a ball and makes billions of dollars a year. Why don't we sell that land for $200 million and fix all the City problems instead of giving it away? That's what we -- if they have all that money, let them buy it; don't give it. Thank you. City of Miami Page 27 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Mr. Ratner. Sherman Ratner: Good morning. Sherman Ratner, 1809 Brickell Avenue. First, I would implore everybody, there are such profound issues facing the City, and we need a little decorum, a little courtesy, a little -- we need problem -solving, not yelling and screaming, so I would ask -- this is the first day of the new school year. That's what it feels like. So if we could just change the tone of our dealings with each other on all these issues. About the soccer stadium, everything seems to come back to affordable housing for me. Well, the police have to work part-time jobs because they can't afford to live here, so let's pay them more money so that they don't need it, or let's have affordable housing in one form or another. Besides the loss of the park regarding the soccer stadium, there is not one dollar for affordable housing. They talk about -- I don't know -- a couple thousand jobs. Where are those people going to live? They talk about a livable wage, but that's not a livable wage they're talking about. So at the very least, I would hope that you would require them to put into a fund for affordable housing, because they at least have to provide housing for the people who work there. And as some of you may know, a recent deal was resolved -- it's on 1809 Brickell -- that will at least assure the residents there will continue to have affordable housing in the future. It is not the deal I would have wanted, because that thousands of other units are going to be lost in the same way. What is going to be done for those people? They should have been able to stay in their home where they were, and that's the kind of measures I think that we presented to you that could have made that possible and help these thousands of others. So I think we have to go back to the drawing board on how we can do something to help the -- half the City that cannot afford to live in the City. Thank you, and let's hope we have a good productive year. Thank you. Chair Russell: Thank you for your comment. Good afternoon, sir. Dave Coster: Yes. My name is Dave Coster. I'm a resident of Miami, 22 Secoffee Ter -- Chair Russell: Your name again, please? We didn't hear it on the microphone. Mr. Coster: Sorry. My name is Dave Coster. I'm a resident of Miami, 2245 Secoffee Terrace. I'd like to speak on CA.8. It's regarding the mooring field. Chair Russell: Yes. Mr. Coster: I've reviewed the site map, and I'm a member of the sailing club there, Coconut Grove. I'm familiar with the youth sailing out of that location, and I feel that that site map for the mooring field is going to create a dangerous situation for the kids to be sailing in and off the beach. They've got Olympic sail (UNINTELLIGIBLE). I think I'd like to see some review of that site map and the mooring field, because I'm familiar with mooring fields that are built here, and they're -- technically, the boats are very, very close together. It's going to create a dangerous situation. It's going to put all the boat traffic from the ramps, combined with the kids sailing, and I think create a hazard for the youth sailing out of this location. I'd love the chance to review that. Chair Russell: I apologize. Not to interrupt, but if I'm not mistaken, it is an informal mooring field at this point; isn't it? There's a mooring field out there; it's just simply not organized. Mr. Coster: Okay. City of Miami Page 28 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: I'm not trying to contradict you, and I certainly want to ask the Administration when this item comes up with regard to if they've worked together with the sailing club and the outboard club to make sure that this is all in harmony. Mr. Coster: That would be -- that would work. Chair Russell: That's the goal, so. Mr. Coster: Okay. Chair Russell: All right. Mr. Coster: All right. I thank you. Chair Russell: No. Thank you for your comments. Mr. Coster: Right. Chair Russell: Is there anyone else here for public comment? Seeing none, I will close the public comment portion of the morning's agenda. MV - MAYORAL VETO(ES) MV.1 ORDINANCE 5900 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM 76-8-R," URBAN CORE TRANSECT - RESTRICTED, TO 76-2413-0," URBAN CORE TRANSECT - OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 240 SOUTHEAST 14 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; ACCEPTING THE VOLUNTARILY PROFFERED DECLARATION OF RESTRICTIVE COVENANTS ATTACHED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13855 MOTION TO: Override Mayoral Veto RESULT: VETO SUSTAINED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Gort, Carollo, Reyes NAYS: Russell, Hardemon Note for the Record. A motion was made by Commissioner Reyes and seconded by Commissioner Carollo to override the mayoral veto. Commissioners Reyes, Gort and Carollo voted in favor of the motion to override the mayoral veto and Commissioners Russell and Hardemon voted against. Miami City Code Section 2- 36(7) requires that four -fifths (4/5ths) of the City Commissioners present on the City of Miami Page 29 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 dais must vote in favor of overriding the mayoral veto for the motion to pass. Only three Commissioners voted in favor of overriding the mayoral veto which did not meet the minimum required number of votes for the motion to pass, so the motion failed Since the motion failed the mayoral veto was sustained Chair Russell: Mr. Clerk, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, yes, there is one mayoral veto to be considered by the City Commission. Mayor Suarez has vetoed Ordinance 13855 that was passed at the July 25, 2019 City Commission meeting. Ordinance 13855 is an ordinance of the Miami City Commission, with attachments, amending the Zoning Atlas of Ordinance Number 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, by changing the zoning classification from T6-8-R, Urban Core Transect Restricted, to T6-24B-0, Urban Core Transect Open, for the property located at approximately 240 Southeast 14th Street, Miami, Florida, as more particularly described in Exhibit `A "; accepting the voluntarily proffered declaration of restrictive covenant attached as Exhibit "B "; making findings; containing a severability clause; and providing for an effective date. Chair Russell: Thank you, Mr. Clerk. Mr. Mayor, would you like to --? Well, let me just see if there's a -- is there a motion on the item? Hearing none, the veto stands. Commissioner Reyes: Wait, wait, wait, wait, wait. Mayor Francis Suarez: (UNINTELLIGIBLE). Vice Chair Gort: Hold it, hold it, and hold it. Commissioner Reyes: Wait, wait. Vice Chair Gort: Hold it, hold it, hold it. Chair Russell: I apologize. If there is -- if -- Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: Okay. Vice Chair Gort: You want a motion? Chair Russell: That's what I was asking for, a motion. Commissioner Reyes: No, no, no. Motion for what? I mean, we were not here (UNINTELLIGIBLE). Chair Russell: Okay. Let me be clear. Chair Russell: All right. Commissioner Reyes: I know you want -- Chair Russell: Gentlemen, gentlemen, gentlemen, gentlemen. Commissioner Reyes: -- to stamp the veto, but I have my comment -- Chair Russell: Gentlemen, gentlemen. City of Miami Page 30 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mayor Suarez: Guys? Commissioner Reyes: -- and things to say. Chair Russell: Gentlemen, let me just -- Commissioner Reyes: Wait, wait. Wait a minute. Chair Russell: -- explain the procedure, gentlemen. I apologize if I wasn't clear. Commissioner Reyes: Okay. Chair Russell: I want to give you every absolute opportunity to take a motion, if necessary. Commissioner Reyes: Well, you -- Chair Russell: No, no. Commissioner Reyes: -- you're going a little fast, man. Chair Russell: I -- Commissioner Reyes: Okay? Chair Russell: -- had a lot of coffee this morning, and we got a long day. Commissioner Reyes: Yes, I know. Chair Russell: There's a veto that's been stated. Vice Chair Gort: Right. Commissioner Reyes: Yeah. Chair Russell: There is no motion needed to uphold the veto; any motion would be to overturn the veto, and that's what I was asking for. If I wasn't clear, I apologize. So my ask is, is there a motion to overturn the veto? Commissioner Reyes: Yes, I move it. Chair Russell: There is a motion. Thank you very much. Vice Chair Gort: Second. Chair Russell: I apologize. There is a second. Melissa Tapanes Llahues: Commissioner? Chair Russell: Just a moment, please. Mr. Mayor, if you'd like to address, and then I'll open for public comment on the issue. Vice Chair Gort: Excuse me. Ms. Tapanes Llahues: Thankyou, Commissioner Reyes. Vice Chair Gort: I think we should have -- City of Miami Page 31 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Commissioner -- Vice Chairman would like to speak first. Vice Chair Gort: -- all five Commissioners here. Chair Russell: For the vote, absolutely. Vice Chair Gort: Okay. Chair Russell: Absolutely. Victoria Mendez (City Attorney): Right. But just so you know, if you have three, then three would be needed to -- Chair Russell: Well, I believe that's why he's being sure that we're all here. Mayor Suarez: Right. Thank you, Mr. Chair. Chair Russell: Thank you. Mr. Mayor. Mayor Suarez: And by the way, just to be clear, the quorum for the Commission is three. So if five are here, great; if five are not here, you have to take the vote anyways. Thank you, Mr. Chair. I have exercised my veto for only the second time in approximately two years; thousands of votes that this Commission has taken. I don't exercise a veto often, and I don't exercise it lightly. The reason why I've exercised the veto is for a few reasons. And I will ask our Planning Director if he can please come up to the podium, because I want to make sure that he confirms some of the reasoning for which I have vetoed factually this item, and I also would like him to discuss some of the technical points of the veto, as well. The first reason why I vetoed this item is to preserve one of the bedrocks of Miami 21, which is successional zoning. This item -- this property is zoned T6-8. In the approximately 10 year history -- approximate 10 year history of Miami 21, there has not been one case, not one case of a up -zoning of a property that has violated this successional zoning principle; not one. This particular up -zoning would jump the T6-12 category, which was the category that our Planning Director had recommended, and from the testimony, appears that the residents of the City of Miami would have accepted, and the district Commissioner would have accepted, so that's one reason. This is a property that was six stories; was actually zoned T6-8, which would have allowed to build up to 12 stories; was recommended T6-12, which could have built up to 20 stories; and yet, was up -zoned to 24 stories. And I just feel that based on the testimony in the record, based on the Planning Department's recommendation, and a variety of other factors that that is excessive. Secondly, there was an overwhelming amount of testimony from the residents affected by the zoning change. The amount of residents that spoke against the up -zoning was significantly greater than the amount of residents that spoke in favor of the Zoning Ordinance. And as Mayor, I have an obligation to my bosses, which are the residents of the City of Miami, to protect them and their interests; and so, I found their testimony to be compelling, and it was part of my rationale for vetoing this legislation. Number three, the opposition of my Planning Director, who was someone who could also speak to the so-called claim of a mapping error, which was presented in the form of a letter, and I'll discuss that letter shortly. The fourth reason is the opposition of the district Commissioner. I was a Commissioner for eight years. I served as eight years as a Commissioner on this dais, and almost universally, we respected the Commissioner of the district's perspective, because a Commissioner of the district is elected from the district, understands the district, and is accountable to the district. So as a Commissioner, I felt and always practiced that principle, even though that's not a hard-and-fast rule, but I think it's a good guiding post. If you have opposition from City of Miami Page 32 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 the neighbors, opposition from the district Commissioner, opposition from the Planning Department, that gives more than sufficient justification for mayoral intervention in a case like this. Lastly, I -- as Mayor, I have a duty to look beyond just the property, and have to look at the impact of that property and the up -zoning on the area. The impact of up -zoning continuing to dens fy that area right now would be detrimental to the interest of the rest of Brickell and the rest of the City of Miami. Brickell is an incredibly high -density area that is already suffering from a tremendous amount of traffic, and there is no reason why I would be able to support an increase in height beyond what is allowable under the Code and under the Planning Director's recommendations. I find it very surprising that we have been 49 days between Commission meetings; 49 days. It is the longest period in the year that we go between Commission meetings. We don't take longer in November, where we only have one meeting. We don't take longer in December, where we only have one meeting. We only have one summer break. I exercised my mayoral veto within 10 days of this legislation passing, I believe, on July 25, if I'm not mistaken. I received a letter from counsel for the applicant opposing the veto at 4:11 p.m. yesterday; hand -delivered at 4:11 p.m., with a litany of reasons why, in the applicant attorney's opinion, the veto should not stand. First of all, I find that to be highly unprofessional. When you have 50 days to produce an answer, I would expect that it be given with time for us to be able to digest it and answer it. I found it to be extremely unprofessional to get that letter at that time. Secondly, there are illusions in the letter to ex parte communications, which I can tell you there were none. Simply receiving an email from a constituent is not an ex parte communication; inviting people to a press conference is not an ex parte communication. The people who have opposed this have opposed it on the record. It's very easy to identify them, and it's very easy to invite them. I would add that counsels also had people in the press conference, and were videotaping the press conference. So they were not denied access to the press conference and they were opponents of the veto, and they were allowed in. They were allowed to record, as you can see from the specific quotes to the things that I said in their letter. I'll let the Planning Director, first of all, acknowledge that there is -- has not been a case in the 10 year history of Miami 21 where we have violated our successional zoning in a context like this, from one transect to the other. Is that correct, Mr. Planning Director? Francisco Garcia (Director, Planning): Yes, sir, that is correct. Mayor Suarez: Thank you. Can you talk about -- in the attorney's letter, they talk about -- And by the way, I would just add -- and I find it interesting, and I don't normally talk about politics, but since it was brought up in the letter from the attorney talking about my political -- the reasons why I did this were political, which I think are also justifiable reasons -- there is certainly the political prerogative of a Mayor to respond to the residents that elect him, and certainly, that is valid. But I find it very interesting that I received this morning a fundraising invitation for a fundraiser for the Chairman's opponents that is being held by the attorneys that represent the applicant; the attorney at the podium and the attorney who signed the letter. So I find it very interesting that while there is some allegations that I'm being political with this -- which I'm not so sure how to even answer that, because I'm an elected official, so I presume to make all decisions in part on the political consequences of them -- that at the very same moment, this law firm is sponsoring a fundraiser for the opponent of the Chairman, who happens to be an elected official. That's something I also have never seen, by the way. That's unprecedented. I've never seen in my career a law firm openly oppose an incumbent, who has done a magnificent job serving his residents. So for all those reasons -- I'd like my Planning Director, if he could, to elaborate on the issue relating to mapping error. This was -- this property is zoned T6-81 which is in conformity with the abutting transect, which faces Brickell Bay Drive, and it is not zoned in the alternative; and certainly, the applicant has the right to request a zoning increase, as the applicant City of Miami Page 33 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 has done, but I think it's the duty of this government and the Commission, and the Planning Department to uphold our principles of successional zoning. They recommended an up -zoning of T6-12, which would have given the applicant more height and more ability to build a taller building, and that wasn't, unfortunately, good enough. By the way, you're most likely --because the plat --because of the size of the parcel is so small, most likely the applicant will have to request, to build anything of that size, a waiver, which can be appealed and brought back to the Commission. So I suspect that this is not the last time that we're going to hear from this applicant, because unless they want to build a 600-square foot penthouse, which I sincerely doubt that they want to do, they cannot feasibly put a 20-story or 24-story building on that platform. Is that correct, Mr. Planning Director? Mr. Garcia: Yes, it is. Mayor Suarez: Thank you. And just for the record, he said, "Yes, it is. " So thank you so much, members of the Commission. I appreciate you listening. I'd love for you to open up the public hearing, and give the members of the community, who have voiced their concern at multiple public hearings, the opportunity to speak on this issue. Thank you. Chair Russell: Thank you very much, Mr. Mayor. So we are going to open up for public hearing, and here's how it'll work. We'll hear from the public; the Commission will discuss; we'll take a vote on the issue. Anyone who'd like to speak will be given two minutes to speak on the veto. If you've come before -- if you've made the case before, if you're reiterating what the Mayor said, it's not necessary; it's on the record, everything from previous hearings that you've been here to say. So our hope is that in public comment, you're here to say whether you support or do not support the mayoral veto, and the basic reason why. It's public comment. It's your two minutes as the public, and so, you're very free to speak. I just wanted you to know that what you've staid previously, if you've come previously, is already on the record for your benefit. So anyone here who'd like to speak on this item only, on the mayoral veto -- none of the other item -- agenda items -- please approach the lecterns. Ms. Mendez: Mr. Chairman? Ms. Tapanes Llahues: Chairman Russell, for the record, the Mayor has been -- Chair Russell: I'm sorry. Yes. Ms. Tapanes Llahues: -- afforded a public stage to not only make his veto message, but also to speak on his veto message. The applicant in this case would like to make a presentation in response. For the record, the Mayor has put up a witness, Francisco Garcia, the Director; he will be subject to cross-examination, as well, and the applicant will put forth expert witness testimony, as well. Chair Russell: No. Ms. Mendez: Mr. Chairman, if I may, briefly? Chair Russell: Just a moment. Madam City Attorney, just a moment. You'll be afforded the same time as everyone in the public to make your case, present whatever you like, but we're not rehearing the entire planning and zoning item. Ms. Tapanes Llahues: We are not rehearing -- Chair Russell: We're only addressing the veto. City of Miami Page 34 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Ms. Tapanes Llahues: Correct. And in addressing the veto message, I ask this Commission to provide my -- the applicant a due process right to speak and respond to the veto. The Mayor has spoken on the veto, has a expert witness on the dais, and the applicant has the right to respond to the veto message. Chair Russell: Thank you. I absolutely will not violate anyone's public -- due process. That would weaken our position as a city on future issues. So you will get your public due process, absolutely, but you are not going to be given a full hearing here on the planning/zoning item. Thank you. Ms. Tapanes Llahues: I'm not asking for a full hearing. I'm specifically asking for 20 minutes to respond to the veto's message. Chair Russell: Thank you very much for your request. Madam City Attorney, you had a comment? Ms. Mendez: Yes. Okay. So I have spoken to Ms. Tapanes. I advised her that she would not be allowed to put on witnesses. I understand that -- Mayor Suarez: He's part of the Administration. Ms. Mendez: -- he was asked two questions -- to confirm two questions, but it was as a part of his veto message. What I would suggest, though, Ms. Tapanes said that she could limit the amount of public comment on her end if she was given her 20 minutes. The Mayor spoke for 10 minutes. I think that it would be --not to put on a hearing, Ms. Tapanes. It's only to give your presentation. I think that she should be allowed that time, if she, in fact, will lessen the amount of public comment, because that could go on for a lot longer. So I would ask that the Commission does take that into account. Chair Russell: Thank you, Madam City Attorney. Commissioner Carollo: Mr. Chairman? Chair Russell: Commissioner. Commissioner Carollo: With all due respect, Madam City Attorney, I appreciate your advice, but that's a decision for this body to take -- Commissioner Reyes: Absolutely. Commissioner Carollo: -- how we want to deal with it; how we want to hear it. We'll take into consideration your advice, but this body decides. Chair Russell: Thank you, Commissioner. So, what we want to do is make sure that whatever decision is made by this Commission, whether it is to uphold or overturn a veto, that it is -- that it's fully supportable at a further court of law. Most likely, either side, whichever side does not prevail in the situation, will bring it to a higher court. So we need to make sure that we follow absolute appropriate process. It is not my goal to muzzle anyone from giving their opinion here, and that's why I'm trying to afford everyone the ability to speak on this item. Mayor Suarez: Mr. Chair, if I may? Chair Russell: So -- Yes, Mr. Mayor. City of Miami Page 35 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mayor Suarez: Thank you. Look, I think the fair thing to do is -- I spoke for nine minutes, according to the timekeeper here -- give the opposing side nine minutes. I mean, that's a fair amount of time. I got to make a presentation. Let them make their presentation in the same amount of time. Vice Chair Gort: Make a motion. Chair Russell: In equal rebuttal. But with regard to calling witnesses, that's not my intention here today. They can speak in their capacity as a member of the public for this item, anyone that you want, and the side that is looking to uphold the veto will have the exact same ability. Nobody's going to be asking for intervener status, and to call witness and cross-examine. That is not our situation here today. We're not hearing a zoning item. We are simply voting on the veto. But I want to make sure we follow process. So this is the compromise we're going to do. I'm going to listen to my City Attorney, and my recommendation to this body is to give equal time to the applicant that was afforded to the Mayor to basically rebut the Mayor's statement with the facts that you've either sent in from yesterday, or whatever you'd like to present, but not to be calling witnesses and cross-examining. Is that fine with the body? Ms. Tapanes Llahues: No. Commissioner Carollo: No. Chair Russell: What would the --? Did you just answer? Ms. Tapanes Llahues: Yes. Chair Russell: You're not the body. I'm asking this Commission how they would like to handle this item. Commissioner Carollo: Mr. Chairman -- Chair Russell: Yes, Mr. --Commissioner. Commissioner Carollo: -- I would like to move forward in giving her the 20 minutes. Just because the Mayor spoke nine minutes, doesn't mean that an applicant could answer all that he stated in the same nine minutes of what he said. So they're asking for 20 minutes, and I don't mind giving them that due process of 20 minutes. Chair Russell: Thank you, Commissioner. If it's the will of this body, that's absolutely fine with me. Where do we stand? Commissioner Reyes: Yes, I do agree, because if we are just going to match the time that the Mayor, in this case, speaks or anybody speaks -- I mean, if he speaks one minute, then you will have to give the opponent one minute. I don't think that we should set that precedent. What we should do is provide every single one, the applicant and -- I mean, the opponent and the ones that are in favor, enough time to present the case. Chair Russell: Thank you, Commissioner. Commissioner Reyes: If it takes time, that's what we're here for; that's what people elected us to do --you see -- be here and solve the problems. Chair Russell: Thank you, Commissioner. So that's two. Commissioner Gort, how do you feel? City of Miami Page 36 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Vice Chair Gort: From the beginning, I've stated that we have to conduct this in a way that you're giving an opportunity to everyone, because I always said it from the beginning: This is going to end up in court. So the -- both parties are building up their cases right now, so. Chair Russell: So you'd rather have -- you'd rather allow them to speak as much as they'd like to get it out? That's absolutely fine. Vice Chair Gort: And the other ones, also. Commissioner Carollo: Chairman, if I may interject. Look, if the Mayor's veto stays, I think we are all fairly certain that we're going to see legal action taken, and I'd rather -- Chair Russell: Understood. Commissioner Carollo: -- give them every opportunity so that if there's legal action, you're not going to hear that there was no due process, and that they were not given the opportunity to address the veto appropriately. Chair Russell: Thank you. So normally in a quasi-judicial hearing, you would allow equal time for both sides. In this particular case, I understand it's the will of this body to allow 20 minutes for the applicant with regard to answering the mayoral veto. I do not believe it's necessary to call witnesses and cross-examine, though. If it's the will of this body to hear from that, we will absolutely take that direction. Commissioner Reyes: What I wanted is to be fair and be treated equal. You see? Mayor used Mr. Garcia as an expert witness. I don't know if you have an expert witness. I think that if you use Garcia as an expert witness, the opponent should be able to have the same opportunity in order to be fair. Chair Russell: Thank you, Commissioner Reyes. Commissioner Reyes: And that's the only thing; that I want the process to be clear. Chair Russell: Thank you. Mr. Clerk, please set a timer for 20 minutes. Ms. Tapanes, you may proceed. And then, for those of you who are here for public comment on this item, feel free to take a seat for 20 minutes; you don't need to stand in line. The body would like to hear the full presentation for 20 minutes from the applicant. I don't know if we'll call them the applicant in this particular case in response to a veto, but you know what I mean. And if you'd like, you may call witnesses. Ms. Tapanes Llahues: Thank you. Chair Russell: And then we'll go from there with public comment (UNINTELLIGIBLE) could take discussion on the dais and then a vote. Edward Martos: Chair? Vice Chair Gort: Mr. Chairman? Chair Russell: Vice Chairman. City of Miami Page 37 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Vice Chair Gort: At the same time, the people with the veto, they also have the attorney, and the attorney will probably -- should have the same opportunity to do so. Chair Russell: From the other side? Vice Chair Gort: Yeah. I mean, we got to be fair to everybody. Chair Russell: 20 minutes, 20 minutes. Mr. Martos: Thank you. Chair Russell: Please. Ms. Tapanes Llahues: Good morning, honorable Commissioners. My name is Melissa Tapanes Llahues, and my law ojfice is at 200 South Biscayne Boulevard. Along with my partner, Jeff Bercow, we have the privilege to represent Babylon International, the owner of the property located at 240 Southeast 1st Street, known as Babylon. Joining me today is Francisco Martinez Solero, and ownership, as well as our team, which I will introduce in a moment. Together, we're here to respectfully request that you uphold your July 25 supermajority vote to approve the rezoning of the Babylon to T6-24B-O and accept the proffered covenant, limiting the height to 24 stories. We ask that you affirm this Commission's findings in Ordinance 13855; that the rezoning is a corrective action necessary to remedy a denial of due process and restore taken property rights. We ask that you do this by overriding the Mayor's August 2 veto. We appreciate this Commission's commitment to uphold the integrity of City's quasi-judicial zoning process. We recognize that it takes courage to not be swayed by press conference sound bites, paid political advertisements in Miami community newspapers, and a steady and unrelenting campaign of misinformation for the last year, and for some of you, five years. Your commitment to the rule of law and your courage to rest on your substantive competent evidence presented as part of these quasi-judicial hearings is the reason why the Charter entrusts this Commission as a collective body to be the ultimate arbiter on zoning matters in the City of Miami. Last November, the City of Miami electorate overwhelmingly rejected the notion that one strong man should reign in these chambers, whether it be a district Commissioner or whether it be the Mayor. The Mayor's exercise of this veto power, as memorialized in his veto message, is a transparent political ploy to strong-arm this Commission to curry political favor with the district Commissioner and his Brickell Bayfront constituents at the expense of one local resident's property rights. The applicant before you is not a, quote, "opportunistic, greedy developer. " He's not even a developer. Popo (phonetic), right here, is a local resident and business owner, who is more widely known by his stage name, George Madden. I have the feeling that not even his experience as an actor, starting in spaghetti western films of the 1960s and '70s, prepared him for the odyssey that is owning a property in the City of Miami. After five years of public hearings, months of good faith negotiations with neighbors and Commissioners, culminating in a compromise that balanced the interest of the neighborhood, with the property owners, procedural and substantive due process rights, we earned a favorable recommendation from the City's Planning Zoning Appeals Board. We earned not one, but two, supermajority votes by this Commission. This Mayor's veto simply cannot stand. We will not re -litigate our application or your 4-1 decision. We are confident in our record, and will defend this Commission's decision in court. However, we will take the opportunity to respond to the Mayor's veto message by identifying its five mostproblematic issues and enter into -- our written response into the record. What is most incredulous about the Mayor's veto message is that it completely ignores that this five -year -long Babylon odyssey is the direct result of the City's error. The nature of the error, the need for corrective action was discussed at City of Miami Page 38 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 length in three public hearings and is indisputed [sic]; yet, the Mayor's veto fails to even acknowledge the premise of the successional application. The property was zoned "Office" since 1983. All of the Miami 21 zoning maps, presented to the community, the Planning Board, the City Commission, between 2006 and 2009, incorrectly identified the property as R4, like the properties on Brickell Bay Drive. As a result of this error, the property essentially was downzoned to R4 by the magic of an eraser, and then to T6-8-R by an unknowing City Commission at the time Miami 21 was adopted, all in violation of the City -- of the applicant's substantive and procedural due process rights. In his message, the Mayor selectively compares the prior and current Zoning Codes and speculates by simply restoring the property to T6-12-01 the property's multi -use would be restored, and all of a sudden, the property would be rezoned to something that would be acceptable to the owner. The Mayor appears to rely on the Planning Department's flawed recommendation and massing studies, showing a T6-12-0 would restore the property's own permitted uses and development capacity in the form of FLR (1loor/lot ratio). It is clear that the Mayor did not consider the substantial competent evidence by Revuelta Architects in the underlying record, demonstrating clearly that the rezoning of the property to T6- 12-0, as recommended, does nothing to restore the development capacity of the property due to the application of setback and height regulations. Notably, the Planning Department's 22 page staff recommendation in February, its March errata to the staff recommendation, and the Director's notes to the Mayor on the eve of the veto altogether neglect the mention of setbacks. Because the Mayor's veto muddies the waters and the application of the Miami 21 Code to this property, therefore puts in question this Commission's decision to restore and correct the Miami 21 map. I would like to welcome Luis Revuelta, with Revuelta Architects, to testify as a expert witness. As we submit his credentials into the record, we ask that the Commission accept Mr. Revuelta as an expert in the field of architecture and City planning. His statements have been part of the underlying record. Mr. Revuelta has over 40 years of experience, working with numerous Codes in the City of Miami, including 11000 and Miami 21. Mr. Revuelta. Luis Revuelta: Good morning. Luis Revuelta, Revuelta International -- Architectural International, 2950 Southwest 27th Avenue, Suite 110. Chair Russell: Good morning. You're presenting yourself as an expert witness? Mr. Revuelta: Yes, sir. Chair Russell: Thank you. Ms. Tapanes Llahues: Mr. Revuelta, in your expert opinion, is the Commission's rezoning to T6-24B-0 consistent with the goals of Miami 21 and the goals, objectives, and policy of the Miami Neighborhood Comprehensive Plan? Mr. Revuelta: I believe it does. Ms. Tapanes Llahues: In your expert opinion, does a rezoning provide proper transitions and building intensity and height? Mr. Revuelta: I believe it does. Ms. Tapanes Llahues: The Mayor's request of this Commission to accept the measured and professional recommendation of the Planning Department does nothing to restore the rights taken from the applicant, because without the additional height, the additional height is purely illusory. It does nothing because of the setback regulations. Simply put, the ' T' -- without the T6-24B-0 zoning, any height over eight stories is a fiction. It simply cannot be built. The veto message City of Miami Page 39 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 disregards the Commission's expressed authority under Miami 21 and the findings of fact memorialized in Ordinance 13855. In the ordinance, this City Commission found that the change to T6-24B-O is a corrective action to remedy a denial of due process and restore the owner's taken property rights, due to the application of Miami 21's height and setback regulations applied to the property. As detailed in our June 26, 2009 memorandum to the Mayor and the City Commission, the City Commission has the inherent and general power to consider and act upon proposed amendments after consideration of the Planning/Zoning Appeals Board recommendation. Pursuant to Section 7.128()9 of Miami 21, the PZAB (Planning, Zoning and Appeals Board) considered the goals, objectives and policies of the Comprehensive Plan, other City regulations, and the need and justification for the proposed change, and they recommended to this Commission that the property be rezoned to T6-24B-0 with the acceptance of the proffered covenant. Section 2.252 of Miami 21 provides that a corrective action shall be taken by the City Commission to amend the transect zoning boundaries, where the property does not have a zoning designation. Due to the lack of notice, the procedural due process caused by the City's error at the time Miami 21 was adopted, the property does not have a legal zoning transect; accordingly, this Commission shall take corrective action. Not only is the authority of this Commission to correct errors expressly codified in existing law, precedent has been established by the practice of this Commission on the advice of the Planning Department. The measured and professional recommendation of both the City Attorney and the Planning Department, between 2014 to the very present, is that successional zoning does not apply to corrective action. That position has not changed. The only issue is what that appropriate zoning transect for the property is. Therefore, the issue of successional zoning is simply not an issue. As recommended by the PZAB, approved by this Commission, and articulated by Mr. Revuelta in the underlying record, the Commission's rezoning to T6-24B-0 is corrective and restorative in nature. The veto is also based on the partial review of the record. The Mayor does not hide the fact that in exercising his veto authority, he only considered parts of the record, and I quote, "Evidence presented at the July 25, 2019 Commission meeting, the remarks of the district Commissioner for the surrounding neighborhood, and an overwhelming majority of the neighbors surrounding Babylon. " While we appreciate the transparency, Section 7.128()9(1) of Miami 21 governs the consideration of this board and gives deference to the Planning, Zoning and Appeals Board for all amendments of -- to Miami 21, including corrective actions, and requires, at minimum, the consideration of those recommendations. The Mayor expressly ignores the PZAB zoning record, including Mr. Revuelta's expert testimony, the PZAB recommendation on May 1, the first City Commission hearing on June 27; altogether, and most importantly, the will of the four other City Commissioners at second reading. I think it's also clear by the Mayor's statements earlier this morning that this veto is tainted in the Mayor's bias. At his press conference, the Mayor referenced his time as City Commissioner, listed the individuals who support his veto but never appeared at public hearings, and dismissed the special counsel's ethical lapses by stating that he's not persuaded by his employees; he's persuaded by his employers, the voters who put him in office. The integrity of the quasi-judicial proceedings before you and the rule of law must be respected. Popo's property rights, or the rights of any citizen in the City of Miami, cannot be subject to political persuasion and certainly not to a mob democracy. The veto is also contradictory and conclusory. In his veto message, the Mayor argues, as he did this morning, that rezoning the subject property at 16,000 square feet will somehow have a clear negative impact on the residents of the City of Miami, diminish the long-term quality of life for Brickell residents, and exacerbate an existing traffic problem. The veto message also claims that the zoning transect recommended by the PZAB and approved by this Commission is out of scale with the immediate area. While these sound bites may elicit cheers at a press conference, these conclusory assertions violate the tenets of the State's Comprehensive Plan, Growth Management Act, as well as contradicts the goals, objectives and policies of City of Miami Page 40 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 the City's Comprehensive Neighborhood Plan. At the Mayor's press conference, he stated that Brickell is the densest and highest populated part of the City, it has plenty of zoning capacity, and will continue to grow. The Mayor failed to note that the property would have the same density and, thus, the same impacts, regardless of whether it's zoned T6-24, as the Commission approved; T6-12, as the Planning Department recommended most recently; or at the result of the veto at T6-8. To respond to these new, unfounded allegations and clarify the record as to legitimate criteria for approvals of corrective actions, I would like to welcome Henry Iler, a City of Miami resident, who will speak for two minutes. Mr. Rer has 35 years of experience, working with numerous local governments throughout the State of Florida on comprehensive planning issues. Mr. Rer. Henry Rer: Thank you. And good morning, members of the Commission -- Chair Russell: Good morning. Mr. Iler: -- and the Chairman. My name is Henry Iler. My offices are at 200 South Biscayne Boulevard, Miami, Florida, Suite 2790. As Ms. Tapanes mentioned, I've been a Planner for 35 years, including 11 years with Miami -Dade County quite a while ago, back in the '80s, but I've done planning throughout Miami -Dade County and Broward and Palm Beach, and other parts of Florida for -- during that time. I did an analysis. I've been retained by Babylon International to do an analysis of the consistency of the rezoning to T6-24B-0 with the Miami Comprehensive Neighborhood Plan, as well as the Miami 21. As you can see -- Where's the --7 There we go. Thank you very much. First of all, I found that the application and the proposed rezoning to the T6-24B-0 is consistent with the Miami Comprehensive Neighborhood Plan. It does foster redevelopment, promote economic development and jobs, minimum land use conflicts. That's your future land use goal. LU-1, that's the first land use goal in the entire document; so very important. It also is going to encourage residential density development in close proximity to transit; notably, the financial district Metromover Station. That's future land use policy LULL10. It's also going to expand the downtown Miami role as a center of domestic and international commerce, land use objective LU.1.4. There are some others, as well, that are worth mentioning. One is the rezoning will foster a high quality of life, and it meets and exceeds the City's adopted public facility level of service standards. No level of service issues have been mentioned. The other criteria in Miami 21 for a rezoning is the significant changes that have happened. It's very important to note that this parcel is in the restricted commercial land use category. That is different from the parcels just to the south and to the east. They are in the multi family residential high -density district of your Comprehensive Plan. So this plan, as far as land use goes in your Comprehensive Plan for this parcel, really is more in tune with the restricted commercial land use, which is located north and west of this parcel, and it's in that land use category, different from the parcels to the south and the east. Also, it will allow the development of mixed -use neighborhood and provide a full range of office, neighborhood retail, and community facilities, walkable from the transit station; that's LU1.1.7. And then finally, we found that the application will maintain the goals of Miami 21, preserve neighborhoods, and provide transitions in density and in intensity, and building height. Thank you very much. Ms. Tapanes Llahues: Thank you, Mr. Iler. His report is in the record. Finally, the veto violates the applicant's procedural due process rights in two specific ways that ignore basic fairness. The Mayor referenced a couple of those this morning. The Mayor's press conference was simply a public announcement of the veto decision, and that the veto message itself had already been drafted without any notice and without any opportunity for the applicant to present evidence or cross-examine those who provided laymen's opinions, unsubstantiated by any facts to the Mayor. We know this because almost immediately following the City Commission's decision, the City of Miami Page 41 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mayor began receiving ex parte emails from the public with unfounded allegations and laymen's opinions, requesting that the Mayor exercise his veto. The Mayor did not disclose those as part of the underlying record, and cannot cure that following at a press conference or here today. This isn't the first time something like this has happened in the City of Miami. In the Vizcayans case in 2008, Mayor Diaz negotiated with the applicant during the 10-day veto period to gain additional concessions and avoid the veto. The Court said that the Mayor should have discussed the matter -- and I quote -- "within the scope of the public quasi-judicial process, and require public hearing and notice. " The Mayor's communications all took place after all the hearings had concluded, away from the public earshot, and therefore, violated the petitioner's due process rights. The due process violation for the Babylon and Paco (phonetic), an actual veto is much worse than the attempting negotiations in the Vizcayans. Mayor Suarez had multiple ex parte communications during the 10-day veto period without the required public hearing and notice, and away from the public earshot, and therefore, violated our due process rights. It's really surprising that apparently no one advised the Mayor that the Court condemned one of his very predecessors, for the same kind of actions that occurred between July 25 and August 2. But as they say, "Those who fail to learn from history are condemned to repeat it. " In conclusion, to correct any mistake, you must first acknowledge it. In this case, the City s error resulted in a significant taking of the Babylon's property rights in violation of the applicant's procedural and substantive due process rights that has amounted to five years of life and $1.6 million in resources fighting City Hall. We ask that you override the Mayor's veto based on the competent substantial evidence consistent with your findings in Ordinance 13855; that this veto is a corrective action necessary to remedy a denial of due process, and restore taken property rights. Our team is available for questions. I believe Mr. Revuelta wants to utilize two minutes of public comment to finalize, say a couple more words. Chair Russell: Thank you, Ms. Tapanes. Time's up. Ms. Tapanes Llahues: Thank you. Chair Russell: Would the other side like to rebut? 20 minutes, please. Mr. Martos: Commissioners, thank you for this opportunity. For the record, Edward Martos, offices at 2525 Ponce de Leon Boulevard, here on behalf of the Emerald and Ms. Jessica Melendez. Initially, I want to make a couple housekeeping measures first. When I looked on the online record for this item, I noticed that a couple documents from -- on the Clerk's website that were provided in the prior hearings were not put on the record on this hearing, and so, I want to submit those to the record in an abundance of caution. I'll hand these over to the Clerk at the conclusion of my statements. They are -- this is online. This is the Mayor's statement, but it's hard to find, so I want to make sure it's clear on the record; as well as a letter from us, July 24, 2019; documents provided by our architect; the petitions provided earlier in the proceeding, as well. I'll be submitting those at the end of my statements. I'd also like to add that I have to agree with the Mayor's objection to the other side's letter. We have intervener status, as you know. We are parties to this proceeding. And in court, you would never submit a letter and not submit it to the other side. That has not -- to this moment, I've not seen their letter. I don't know what it says. And so, as long as we're complaining about due process violations, I have to complain about that. I don't think anything in that letter should be considered on the record, and it should be stricken; we've not had an opportunity to review or consider it. Let the record show, I received it right now for the very first time, and it's a doozy. Mayor Suarez: By the Mayor. City of Miami Page 42 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mr. Martos: It's a (UNINTELLIGIBLE). Mayor Suarez: And by the way, from the Mayor, from the Mayor. Mr. Martos: And I received it from the Mayor. Thanks for that clarification. Chair Russell: Please continue. Mr. Martos: I want to highlight the key point in the Mayor's presentation, the Mayor's veto statement, and the key point that was provided to you by your competent staff. T6-12 resolves all the problems. Rather than ask for T6-12, they've asked for T6-48. And their compromise is not to go to T6-12, which gives them more than what they ever had under 11000, and more than what they have today, but rather, to go to T6-24. I want to be clear that my clients are happy to put down this argument at T6-12. That would satisfy everyone in the neighborhood. Additionally, the idea of corrective action, which is the lynch pin upon which this entire application turns on, is premised on two ideas. One is the idea that a footnote -- what amounts to a footnote on maps that were reviewed by the City Commission back when they were adopting Miami 21 are substantive in nature when, in fact, it was a point of reference. And two, that there was some sort of deprivation of rights. Again, as I've just stated, there has been no taking, there's been no damage, no reduction in property rights; even though the one issue of office uses is something that they gave up on their own. They turned the building into a residential building. I think that's critical to keep in mind. With that said, I'd like to make a couple questions of some of the experts that have spoken. Mr. Garcia, if you have a moment, please? Chair Russell: You need a hand, sir? Mr. Martos: Thank you. Mr. Garcia, I just want to clarify for the record, it's my understanding from your prior testimony and also from your documents that a key consideration in Miami 21 and when deciding the appropriate zoning is not just the built-up community in the neighborhood, but also existing covenants; is that correct? Mr. Garcia: Covenants, to the extent -- I'm sorry. For the record, Francisco Garcia, Planning Director. Covenants, to the extent that they are valid and current, are certainly considered in our analysis. Mr. Martos: Okay. And so, when Miami 21 reads at Section 2.2.2, titled "Conflicts, " it states -- well, if you would, you could actually read that for me; this paragraph here. Mr. Garcia: I'm reading now from Section 2.2.2, titled "Conflicts, " in Miami 21, the Zoning Ordinance, as amended. Paragraph 2 of this section says, "This Code does not abrogate or affect any easements, covenants, deed restrictions, property owner association rules, or agreements between private parties. Where the regulations set out in this Code are more restrictive than such easements, covenants, deed restrictions, homeowner association rules, or agreements between private parties, the restrictions of this Code shall govern. " Mr. Martos: Thank you. And so, what that tells us, for the laypeople, is that when Miami 21 was adopted, any covenant that was on the property would be considered in deciding what the appropriate zoning was. Okay. As we've known, because we've had this battle before, there was a covenant on this property; and the owner, who -- at that time, the owner who entered into the covenant is the same owner today, who's making the application. He was fully aware of the restriction. Okay? So to turn City of Miami Page 43 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 around now and say, "I want more development rights" -- That covenant, by the way, restricted the development rights. Correction; it was not the same owner. But that covenant would be revealed in any title search in any purchase of the property. Okay? Furthermore, we had the battle about the covenant before we ever came to this application. You'll remember that all those issues were litigated months before this application ever came to you. And so, that acknowledge [sic] was already present when this application was made, and was present, most importantly, at the time that the City Commission adopted Miami 21. We have to keep that in mind. With that said, I'd like to call Mr. Iler to the stand. Thank you, Francisco. Mr. Iler, thank you for your presentation. I, again, also received your evidence, your report only today; and so, I object to that. But as best as I've been able to understand from your written report and from your oral statements, there's no mention here of the covenant; is that right? Mr. -her: No. Mr. Martos: Okay. So you did not -- it's not right; you do mention the covenant here? Mr. Iler: The covenant is not mentioned. It may mention a proffered covenant that's proffered as part of this approval, but no historical covenant. Mr. Martos: Let me be clear for the record. The covenant that I've brought up a few times is titled "Declaration of Restrictions, " dated November 10, 1983. It's recorded at Book 12000, Page 2469 of the public records of Miami -Dade County. Is that the covenant that you --? Mr. Iler: No, I did not address that covenant. Mr. Martos: Okay. So your analysis assumes that it doesn't exist; it doesn't even look at it? Mr. Iler: It's not part of my analysis. Mr. Martos: Understood. If -- I haven't fully read your document; again, because it was just handed to me, but I -- it stood out to me that in your oral statements, we talk about T6-24 being consistent with the Comprehensive Plan. Mr.Iler: Yes. Mr. Martos: Okay. Did you do an analysis of T6-12? Mr. Iler: No, I did not. Mr. Martos: You did not. Okay. Did you do an analysis of -- well, T6-12 would be it -- T6-8-0? Mr. Iler: I'm sorry; what? Mr. Martos: Did you do an analysis of T6-8-0? Mr. Iler: I did not. Mr. Martos: You did not. Okay. Thank you. The Comprehensive Plan designation is restricted commercial; is that correct? Mr. Iler: I'm sorry; could you repeat? City of Miami Page 44 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mr. Martos: The Comprehensive Plan for the property, the designation is restricted commercial; is that correct? Mr. filer: Yes. Mr. Martos: I have a table from the Comprehensive Plan -- I'm going to present it to you now -- that says -- it's titled, "Correspondence Table. " And as you can see, it gives you what Comprehensive Plan designation corresponds to each zoning designation. Mr.Iler: Right. Mr. Martos: Would T6-8-0 be consistent, in your opinion and based on this table, with a restricted commercial designation? Mr. Iler: I can't answer that. I'd have to look into it further. Mr. Martos: Okay. Let's do that. Do you have the score sheet? On this table, at the far left corner of the Correspondence Table, under the Miami Neighborhood Comprehensive Plan, it designates each zoning designation. And then on the middle column, it designates which Comprehensive Plan designation corresponds to the zoning designation. Do you see that? Mr.Iler: Yes. Mr. Martos: And are -- is T6-8-0 in the same table -- in the same row as restricted commercial? Mr. Iler: T6-8-48-L-O is in the same row. Mr. Martos: Are all designations from T6-8 through T6-48-0 all in the same table -- in the same row? Mr. Iler: As far as I know. Mr. Martos: Thank you. I want to submit this to the record. Mr. Iler, thank you very much. That's all. Finally, I'd like to call Mr. Revuelta. Good morning, Mr. Revuelta. Mr. Revuelta: Good morning. Mr. Martos: And thank you for your time. I appreciate it very much. You can imagine where I'm going with this question, and it's going to be similar to -- Mr. Revuelta: No, I don't have a clue, but go ahead. Mr. Martos: -- well, similar to what I just asked Mr. Iler. I want to know; that same Declaration of Restrictions from 1983 that I just mentioned, was it part of your analysis when you examined the site? Mr. Revuelta: Can you repeat the question, and precisely -- Mr. Martos: Sure. Mr. Revuelta: -- whatpart of the declaration? City of Miami Page 45 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mr. Martos: I'll slow down a little bit. This property has a Declaration of Restrictions on it, and it's been active since 1983. Are you familiar with that Declaration of Restrictions? Mr. Revuelta: I know of its existence. Mr. Martos: When you prepared your analysis, your architectural analysis, did you review that covenant, and did you apply the restrictions in that covenant to your analysis? Mr. Revuelta: It was immaterial to us. Our -- we were hired to do an analysis of the Code of Miami 21, and actually do a comparative study with I1000. It was purely a zoning and mathematical analysis of those two codes as they pertain to the site. Mr. Martos: Understood. Now, in your testimony -- and you can correct me if I'm wrong -- just a few minutes ago, you stated that -- your conclusion is that the application is consistent with Miami 21's goals and policies, and so on; is that correct? Mr. Revuelta: Yes, I did. Mr. Martos: Now, I read earlier -- Mr. Francisco Garcia read for us Section 2.2.2, "Conflicts, " that specifies that the covenants that may be in place in the property control. Is it still your opinion, knowing that there is a covenant on the property that restricts what can be developed, that the zoning designation is consistent? Mr. Revuelta: I think, given the issue of the covenant, I'm going to let the legal team debate that. But it's my opinion, architecturally, that what's happening here is essentially reversed spot zoning by oversight of the City. And all that my client is trying to do is get the fair amount of intensity, density, and height that all his neighbors around him have, and they're denying him. Mr. Martos: Mr. Revuelta, spot zoning is a legal question, and you just told me you can't answer one legal question, but you'd answer another. Mr. Revuelta: No. I told you that, in my opinion, I thought this was equivalent to reversed spot zoning, but I'll let my legal team -- Mr. Martos: That's fine. Mr. Revuelta: -- correct me if I'm wrong. Mr. Martos: Mr. Revuelta, those are all the questions. Well, I have one last question for you, actually. Under I1000, are you familiar with the -- it's been a while -- setback requirements under I1000 for "Ojfice " and for R4? Mr. Revuelta: I believe that would control 11000, which was an ordinance that we assisted (UNINTELLIGIBLE) to -- Mr. Martos: Sir, I don't mean to -- I'm sorry to interrupt, but it's a `yes" or "no. " Do you recall those recommendations? Mr. Revuelta: I recall that there is an angle, equivalent to the width of the property - Mr. Martos: Correct. City of Miami Page 46 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mr. Revuelta: -- at a 45 degree angle. Mr. Martos: Okay. Mr. Revuelta: And that's what I recall; if not, I want to request help from Barbara (UNINTELLIGIBLE). Mr. Martos: And so, the only reason I mention that is that the result of having a 45- degree angle would result in taller buildings tapering; is that correct? At a certain height, you would start tapering; they would start thinning to that angle. Mr. Revuelta: It results in either tapering building or pushing the building back to achieve whatever height was necessary. Mr. Martos: Thank you very much. Those are all my questions. Mr. Revuelta: You're welcome. Ms. Tapanes Llahues: Mr. Martos -- Chairman, I need to just redirect the witnesses, based on Mr. Martos' questions, if -- Chair Russell: No, no, no, no. Just a minute, please; he's in his time right now. Let him finish his 20 minutes. Ms. Tapanes Llahues: Thank you. Chair Russell: Thank you. Mr. Martos: Thank you. For the record, I object. Thank you for that, Chair. I'm almost done, Ms. Tapanes. So Commissioners, I want to highlight this point, and that last question that I had for the architect was a critical one. Mr. Garcia has stated in prior testimony and on the record -- and we've submitted into the record all the requirements for setbacks under 11000. Under 11000, your building would do this: It would shrink as you got taller. Under Miami 21, your building does this: It shrinks as you get taller. The only -- or not the only, but the primary difference -- okay? -- is that now under Miami 21, under their current zoning designation -- okay? -- you can build more. You can build more. You can build more floor area, dramatically more, and that floor area can be taller, also, because a story in Miami 21 is pretty tall; it's 14 feet, and 25 feet on the first floor if you put any little cafe or restaurant or retail, or anything like that. And the entire case presented by the applicant turns on the idea that they lost something. Commissioners, I'm here to tell you, they have lost nothing. They've gained under Miami 21. Your staff has said so; the architect for the other side has acknowledged that tapering. Okay? And if there's no reduction in what they had between now and then, there's no correction necessary. You have a land grab here, and I ask that you please honor the laws as they stand. I'll reserve time for rebuttal. Chair Russell: Thank you very much. That's 20 minutes per each side. I think we've been sufficient here in allowing both sides to present why they believe the veto should be upheld or overturned. So now I'd like to open up for public comment on this issue, those for and against, and then the Commission will have their discussion, and then we will take a vote. Ms. Tapanes Llahues: Chairman, I need to redirect the three witnesses Mr. Martos brought. City of Miami Page 47 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: I'm sorry. I believe both sides have been given full availability to speak. Those who have spoken can also speak at public comment. But we're not in an evidentiary hearing in that sense in this case. I'm simply allowing by the will of this board, because they wanted to hear equal time to both sides, but I'm not looking to redirect witnesses at this point. Ms. Tapanes Llahues: So I'd like to make a 30-second statement then, for the record. Chair Russell: I'll allow it. Ms. Tapanes Llahues: Mr. Martos mentioned the 1983 covenant. As we're all aware, that 1983 covenant was moot by its own terms from Ordinance 9500. Two Zoning Administrators have made -- have declared that that covenant was, in fact, moot at the time Miami 21 was adopted. For the record, I'm putting forth the April 4, 2019 release letter -- or relief letter that's been recorded into the public record. To state -- or to just redirect Mr. Garcia, Mr. Garcia is aware of precedent against successional zoning. Ordinances 13396, 13397, as well as the property located at 15 Southeast 10th Street, those are all part of the underlying record. And Mr. Revuelta has submitted this analysis into the record that shows exactly what was taken at the time Miami 21 was adopted from the previous Zoning Code 11000. It shows a significant deprivation of rights from FLR to FAR (floor/area ratio). Thank you. Chair Russell: Thank you very much. Mr. Martos: Just a quick objection. The declaration speaks for itself. And if you read the declaration, what it says is that certain restrictions are removed; others are retained, and the building may be built to the same standards as those to the south. The buildings to the south are today T6-8-R. Chair Russell: Understood. Ms. Tapanes Llahues: That is not the case. That's a legal disagreement. Chair Russell: Well, you can allow a court to take that up later. Mr. Martos. Mr. Martos: I'm submitting to the Clerk now the documents I promised. Mayor Suarez: Mr. Chairman, if I may? Chair Russell: Mr. Mayor. Mayor Suarez: I just want to respond -- rebut. You know, I've only spoken for nine minutes; both parties have spoken for 20, and this is my veto. I just want to respond to a couple of things that were said by counsel for the applicant. First of all, the mere fact that I receive emails from constituents is not evidence of ex parte communications. I have no way of blocking someone from sending me an email. So there is no evidence, and she presented no evidence that I read the emails or that I made my decision based on the emails, or that I even responded to the emails. So an allusion to just simply receiving an email as an ex parte communication is erroneous. And by the way, they're public record, so there's nothing that I have to disclose. They're automatically disclosed by virtue of the fact that they're public. In terms of my right to veto, she doesn't dispute that I have a right to veto this. There was not -- had nothing to do with the strong Mayor initiative. I was not influenced by the strong Mayor initiative, and I think any allusion to it is simply a political cheap shot. And third, the height of a building does influence how much you can City of Miami Page 48 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 build on a property. Even though the density remains the same, if you have 500 units an acre at a T3, you could not build 500 units. So the height of a building would influence how many units you can build on the building. So I just wanted to do that. And I think, you know, Bert J. Harris -like claims have been made over and over again. Those have been disposed of since we enacted Miami 21, 10 years ago, the taking sort of arguments, so I won't get into that. Thank you. That's not part of my veto. Chair Russell: Thank you, Mr. Mayor. The other side rests, I understand? There was a little time left on the clock, but that is the conclusion of your presentation, correct? Mr. Martos: Unless we can -- Chair Russell: We're done. All right. Thank you. We're going to move to public comment at this point. Mr. Clerk, do we need to swear in anyone on this issue as it's a veto vote rather than a PZ vote? Mr. Hannon: It's my understanding, this is not quasi-judicial, so they do not need to be sworn in, but I will defer to Madam -- or Mr. City Attorney -- or Madam City Attorney. Chair Russell: Would -- do you believe we should swear in the public comment on this issue? Ms. Mendez: No. Chair Russell: Okay. Thank you. Two minutes apiece. You will hear a tone at the 30-second mark; that's your point to start wrapping it up. Please try to finish within the two -minute period. We'll be as flexible as possible, but we will cut you off if you extend beyond. Just state your name. We are only dealing with this agenda item at the moment, the veto of this particular item. We're not dealing with anything else on the agenda at this point. So if you're here to speak on something else, please wait. This is only the time for the public to comment on the veto. Good morning, Mr. Cruz. Elvis Cruz: Good morning, Chairman Russell. Thank you for that clarification. I was curious if this was the full public hearing. Okay. Only on this item, Elvis Cruz, 631 Northeast 57th Street. I want the Commissioners to be very aware that Section 7128, which speaks of successional zoning, is not a guideline; it is mandatory. `It shall be successional. " If there was a departure from that law in the past, that is a mistake that should not be repeated. The City has enough problems already with litigation. This would be a slam dunk on those that are opposed to this change in zoning. The change in zoning was not a mistake. Elisabeth Plater-Zyberk looked at this at great length during the Miami 21 mapping process. No one in the room can doubt her qualifications or expertise. It has been said that this is a downzoning. Down zoning is legal. And if anybody doubts that, I would direct them to the Flora Ambrose versus Monroe County case of the Third District Court of Appeals. Lastly, the City is already zoned to allow eight times more housing units than were counted in the 2010 census. So please, not just for this up -zoning, but across the board, be aware of that. We are already hugely over -zoned. Thank you. Joseph Longueira: Good morning. Joseph Longueira, 1420 Brickell Bay Drive. I'm in support of the Mayor's veto. I think the Miami 21 process gave lots of opportunity and public hearings to address the different issues that occurred. This owner had the opportunity to attend those meetings; he did not. We're here today to ask you to support the veto of the Mayor, to not let this project go on, and to not let something City of Miami Page 49 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 be built that later on we're going to realize was a mistake and an atrocity. Thank you. Chair Russell: Thank you for your comment. Good morning, Mr. Stern. Grant Stern: Good morning. My name is Grant Stern, 425 Northeast 22nd Street. I wanted to comment on the Mayor's stated reasons for vetoing this project, which veto I do actually agree with, because it represents the will of the residents. But the Mayor commented on the incumbent Commissioner in that district, and that is the reason why we are all here today. The Mayor commented on his job performance, and I believe that his comment was inaccurate, and I'm here to correct the record. It is deeply unfortunate that our incumbent Commissioner in District 2 voted against other Commissioners in their districts on major projects to give billionaires a billion -dollar subsidy on public land, and that's why we're here today. That's why the Commissioner for District 2 is not doing a good job, and I'm sorry to disagree with you on that, Mr. Mayor, but I do agree with your veto; that this represents the will of the people. But I also disagree with your characterization of the City staff. I've had terrible experiences with them, and I think that relying solely upon their word is not something that the City should be doing. They should be relying on the Code. They should be relying on records, if the City produces them to their own oj5ricials. The City needs to work with facts; not just with the opinions of the staffers. But in summary, I think that it's very important to comment on the Mayor's stated reasons for vetoing this project, and they solely belong to the province of the sitting district Commissioner. That's why you've heard this hour of debate. So in summary, I would say that upholding the Mayor's veto is good public policy, but not for the reasons stated. Thank you. Chair Russell: Thank you. Good morning. Barry Davis: Good morning. My name is Barry Davis. I live at 1331 Brickell Bay Drive, which is Jade. I was also born in Miami, and actually went to school with Commissioner Carollo at Shenandoah High School and Coral Gables High School. So I'm very familiar with the City and -- having been born here and grown up here, and I've lived in the Brickell area for about 10 years now. We've had a number of meetings with literally hundreds or thousands of residents that support the veto, and we're asking that the Commission uphold the veto, because that is the will of the people, and it is the right thing to do. And it was made aware of the situation to the owner of the property, as well as all of the people who bought condominiums and bought housing in that area for an expectation that Miami 21 would be upheld. So we would respectfully request -- I would respectfully request that the Commission uphold the veto for those reasons. Thank you. Chair Russell: Thank you. Good morning. John Dubinsky: Good morning. John Dubinsky. I live at 1402 Brickell Bay Drive. And I just wanted to say that we -- I oppose the Mayor's veto and support raising the zoning for the height. Thank you. Chair Russell: Thank you very much. Good morning. Sherry Davis: Good morning. Hi. I'm Sherry Davis. I also live at 1331 Brickell Bay Drive, Jade. My apartment directly overlooks the Babylon property. For the last 10 years, I watched that property fall into disrepair. If our building had been taken care of or not been taken care of in that way, it eventually probably would need to be demolished, too. From everything that I can see, you know, the owner of this property has been able to take advantage of a lower density and probably take advantage of lower taxes, and now we're all going to get taken advantage of. You City of Miami Page 50 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 know, it really will denigrate our quality of life; our traffic, obviously, will be much worse. We all relied on what the zoning was when we bought our properties; yet, this individual knew what the facts were, and has so far been able to move toward taking advantage of the residents that live here and the City that created a master plan to protect the residents that are here. So for the benefit of one person to generate a lot of money for him selves [sic] and to the detriment of all of these people who have supported you, I just think that the Mayor's veto ought to be upheld. And I've lived here for some 63 years -- Chair Russell: Thank You. Ms. Davis: -- as well. Chair Russell: Thankyou. Thankyou. Good morning. Carmen Sardina: Good morning. My name is Carmen Sardina. I have an office at 4011 West Flagler Street, Suite 401 and 403, Miami, Florida 33134. I am here today -- my family and I came from Cuba, and we've been here approximately 50- something years, where we've had this office for that amount of time. And we're here to overturn the veto, because they should have brought all these plans originally in 2014, 2015. Thankyou. Chair Russell: You'd like to overturn --understood. Thank you very much for your comment. Good morning. Nancy Jackson: Hi. I'm Nancy Jackson, 1430 Southwest 19th Street. I'm here today on behalf of Commissioner Eileen Higgins, from Miami -Dade County, District 5. So I'd just like to read a little statement from her. Commissioner Higgins supports the Mayor's veto with regard to zoning changes at the property where the Babylon building once stood. The Brickell Bay neighborhood is full of older and smaller buildings, many winding their way along Brickell Bay Drive; a beautiful area with views to the bay, and a greemvay where neighbors and visitors alike take morning jogs, walk their dogs, and visit with each other. If the Mayor's veto doesn't hold, then we can expect out -of -character development within this neighborhood, just as we faced with 12-story high-rises on Calle Ocho for 22nd and 27th Avenues; just as we have seen giant white boxes mar the historic character of the Grove in Silver Bluff. You all fight for the historic character of the various neighborhoods you represent; please don't forget that Brickell is a neighborhood, as well, full of real human beings, with children, pets, and "abuelitos" who deserve the same consideration. Thankyou very much. Chair Russell: Thankyou. Good morning. Vivian Alvarez: Good morning. My name is Vivian Alvarez, and I'm speaking on behalf of my mom, who lives on 1809 Brickell. She loves the area. She's 97. She walks that whole area all the time. And she says one thing and one thing only: "Growth is a beautiful thing. " That's all I have to say. So it'll be a great building. Chair Russell: Thankyou for your comments. Good morning. Ruth McKinsey: Yes, good morning. My name is Ruth McKinsey. I'm a Shenandoah resident, life-long resident. I went to public school here. And I support the Mayor's veto wholeheartedly. I live in Shenandoah, and the residents demanded and received a speed bump, because of the track issue. It solved nothing. The traffic is just as bad as ever. We cannot say that we're going to solve and help traffic, and at the same time, sign off on development after development after development. So please think before you sign. Thankyou very much for allowing me this opportunity. City of Miami Page 51 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Thank you very much. Good morning. Marry Robert: Good morning. My name is Mary Roberts. I work at 3850 Bird Road, and I'm here in support of overturning the veto, and I'll let those after me speak. Thank you. Chair Russell: Thank you for your comments. Good morning. Lori Farrell: Good morning. My name is Lori Farrell, 1425 Brickell Avenue, and I am here as a private citizen, and have a great respect for the political process. And I condemn [sic] the Mayor for having the courage, and it is your right, to veto this bill. I have worked for 22 years on the Miami Art Museum Project, which is now the Perez, and was in charge of securing Bicentennial Park for the museum. I've lived in District 2 for 40 years, from Bay Point to Grove Isle to now where I live on Brickell. And I think, at the end of the day, it's really about quality of life and respecting the political process, and doing what's good for Miami. And I think it's really important; that green space, height restrictions, and following the law are incredibly important to the future of our community. But as a resident of Brickell Avenue, I must say, I would like to retain the quality of life, and I think you should respect the law that currently stands. Thank you. Chair Russell: Thank you very much. Good morning, sir. Bernardo Favole: Hi. Good morning. My name is Bernardo Favole. I live at 253 Northeast 101 st Street, in Miami Shores. But I'm here today as a -- speaking to you today as a real estate professional, who sells and leases property all over the County, including the City of Miami. I'd like to start by saying that I've had a real personal relationship with this Brickell neighborhood since I'm a very little boy. In 1966 Miami -Dade -- United Teachers of Dade built a little building at 1809 Brickell Avenue, where my grandparents were one of the very first families to live in, and I recall looking out my window -- or their window as a little boy, admiring the views and all the green spaces. And as the years have gone by, some of Miami's most iconic buildings have been built in this neighborhood. The neighborhood has grown. It's been the --you see it on television. It's painted our skyline for years. Each one of these buildings have been bigger and more amazing than the other. You know, the Babylon has been one of those iconic buildings. I think that these have been the jewel of Miami. Brickell is a jewel of Miami. All these buildings are jewels. I think it's time to let this homeowner -- this property owner rebuild and do what he needs to do to his property. I think that it's time to -- I think it's important that we overturn the Mayor's veto, and I really think that this gentleman should be allowed to perhaps create a new jewel. Thank you. Chair Russell: Thank you for your comments. Good morning. If anyone would like to approach this lectern, we'll alternate. Megan Tamacho: Sorry. Chair Russell: No problem. Ms. Tamacho: Good morning, Commissioners. I'm -- I don't want to re -litigate anything. I'm taking your words into -- in consideration, Commissioner. I'm just here to say again, there are thousands of us. Chair Russell: Did we get your name? I'm sorry. Ms. Tamacho: I'm sorry. Megan Tamacho. Do you need the address, as well? City of Miami Page 52 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: No, it's not necessary. Ms. Tamacho: Okay. So there are thousands of us residents in the area; not just the Emerald building, as the applicant would like to claim. There's the Jade, there's Brickell Bay Drive, there's the Four Seasons, there's Brickell House. I mean, there are residents that come out from all of these neighbor -- and I know they're neighbors, because we live in the neighborhood, and we talk to each other. So it's not just one building that's claiming that we're against this. There's 830 signatures on the petition I started to stop the rezoning. The County Commissioner just came and spoke to you, above and beyond your Planning Department's expert testimony. We're asking that you protect our neighborhood against development practices that are predatory, at the very least, and have no consideration for the people living in the area. Is that my time? Oh, no. So I'm just asking you to vote to uphold the Mayor's veto, and respect the will of the thousands of us who have been clamoring to have our voices heard. Thank you. Chair Russell: Thank you for your comment. Good morning. Joaquin Perez: My name is Joaquin Perez. I live in 1450 Brickell Bay Drive, and I have been living there for 29 years. I'm very happy. The thing is, we were downgraded by Miami 21. We were discriminated, because everybody in the neighborhood is T48 and we became T8, despite the fact that the building that I live in has 23 floors. This is totally unbelievable that, for the fourth time, we are here talking about the same problem. You approved this in the last Commission meeting, and I approve totally what you did. I reject the veto --or the veto from the Mayor, because I think that he's concerned about the traffic. But the City approve two buildings, 80 floors high, in the next block after the Jade. And also, they approve to reform the Jack's Club to 65 floors, and it was won in the court, because the opposition of the Panorama. This is clear that this is a discrimination against Brickell Bay Drive, between 1 Sth Road and 14th Street. And I approve what you did in the Commission before, and I reject the veto. Chair Russell: Thank you very much. Good morning. Ana Schnabel: Good morning. Ana Schnabel, Brickell resident. I live in the Jade. I see the lot -- the vacant lot from my balcony every day, and I see, you know, all the traffic that, you know, pass by, and it's increasing -- seems to increase day by day. I'm here to support the Mayor. I'm here to support our Commissioner. And I'm here to -- you know, to ask for the rest of the Commissioners to listen to us and not to go against our quality of life. Thank you. Chair Russell: Good morning. Henry Pino: Good morning, Commissioner Russell. My name is Henry Pino. I own a unit at 1430 Brickell Drive -- Bay Drive. I'm also a real estate developer. I have been given the authority by the full building of 98 units to purchase it for redevelopment. That building also was affected by the downzoning. The only reason that downzoning took place -- and I was already developing at that time -- was to maintain the views; that the Millennium developers that came from New York to do the Four Seasons would not be blocked. So this is not an issue of anything else but money and views. The Emerald, on the other hand, also has hired an attorney. They're the only ones here, besides Tucker Gibbs, which represents the Four Seasons, and they're basically here because of blockage of use, and that is not a hardship. Again, I've been doing that for like 30 years. This part of town, especially the building that I'm at, in the acquisition process, is 62 years old. That building is falling apart. I paid $450, 000 for a one bedroom unit to prove a point to the owners City of Miami Page 53 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 that if the zoning was what it used to be, they would get the same amount of money. If you look up those units right now, they're worth like 150, 160, 170, and they're on the water. So -- not just to mention the tax impact that the City was not receiving because of these older structures, and this is the epicenter of Brickell; it's on the water. So that's basically it. Thank you very much. Chair Russell: Thank you for your comments. Good morning. Silvia Erro: Good morning. I'm Silvia Erro, and I am the property manager of Jade Residences, at 1331 Brickell Bay Drive. I'm here representing the owners and residents that were not able to come this morning. And as I have previously mentioned on all the other hearings, it is the majority of the owners and residents of Jade that the zoning that this owner requested not be granted, and many, many reasons have been stated throughout the last couple of years. And once again, I'm here representing the owners and residents, and requesting -- we're kindly requesting the Commission to please uphold and respect Mayor Francis Suarez's veto. Thank you. Chair Russell: Thank you for your comment. Is there anything else who'd like to speak on this item? Please approach both of the lecterns, so we can kind of get an idea for how much more public comment we have. Good morning. Mariella Lopez de Albear: Good morning, Commissioners. My name is Mariella Lopez de Albear. I am a universal citizen and inhabitant first of the planet, this country, this State, this City, and this County. And I want to commend the Mayor, and I support the veto 100 percent, because finally, somebody who's a City official is acting for the people and by the people and not by private interests. Thank you, Mayor. Chair Russell: Thank you for your comments. (Applause) Chair Russell: No applause, please, please. Ms. de Albear: Please, support the Mayor. Chair Russell: Please. Thank you very much. Tucker Gibbs: Good morning. My name is Tucker Gibbs, law offices at 3835 Utopia Court, in Coconut Grove, and I'm here today representing the Millennium Tower Residents' Condominium Association at the Four Seasons. My client supports the Mayor's veto, the rezoning of this property. My client also supports and adopts the presentation made by the attorney for the Emerald at Brickell Condominium Association, and therefore, we urge you not to override the veto. Thank you. Chair Russell: Thank you very much. Mr. Revuelta: Hello. I'll be speaking for a few minutes. I'm obviously the architect for the client, but I believe that the T6-8 and T6-12 is not relevant. The setbacks on T6-8 and T6-8 [sic] are essentially the same. You cannot build a building on this site bigger than or taller than eight stories. All that's happening -- and I'll let -- we're requesting and we got approved last month -- is to be able to have, above the eight floors, setbacks that can be -- I waiver -- change from 30 to 20 feet, so our building can be developed at a certain height above the eight stories. I have been doing architecture and been in situations like this for over 30 years, almost 40 years. City of Miami Page 54 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 And I have always been frustrated when I have been in municipality when neighbors are opposing somebody that is just requesting the same rights that they already have, and they're saying, "No, you cannot be allowed to have that. " That is a major problem for me; not only as an architect, but as a citizen. So other than that, I think a building can be developed here sensitively on T6-24 that will not be detracted -- detract from the neighbors, and I don't believe that the height of the building has anything to do with the traffic. That plain traffic is density and intensity. I feel that the surrounding buildings already are creating -- if there's a problem, the intensity and the density of the surrounding buildings is what's creating the problem, not this building. Thank you very much. Chair Russell: Just for the record, on the transcript, your name, please. Mr. Revuelta: Luis Revuelta, architect for the project, and I have offices in the City of Miami at 2950 Southwest 27th Avenue. Chair Russell: Thank you very much. Good morning. Enrique Herrero: Hi. Enrique Herrero. I'd like to give my two minutes to Jessica. Jessica Melendez: Thank you. Jessica Melendez. I'm herein support of the Mayor's veto. It's been said that this is an exceptional application, to restore taken property rights and that it will not create bad precedent or set a domino effect along the rest of Brickell Bay Drive. July 27, two days after this last Commission hearing, a developer blasted an email to the residents of 1430 Brickell Bay Drive, and I quote, "Good morning, all. On Thursday evening, at the City Commission chambers, my legal team, along with the Babylon legal team, were able to receive the final rezoning approval of T6-24 zoning classification. The property previously had the same zoning as 1430 Bayshore. I would like to request a meeting with the unit owners that have received contracts presently from (UNINTELLIGIBLE) to discuss moving forward with an official application to rezone 1430 and to take advantage of the potential domino advantage we have created with Babylon. As of now, all of the Commissioners are aware of my efforts, and seem to be receptive to change across the neighborhood. This potential change of zoning to 1430 means a higher price." We warned that this would happen; that this application was a play to start spot zoning the rest of Brickell Bay Drive, and our concerns were verified with this email. Excuse me. We believe that if you vote to overturn the veto, you're sending a message to the City that you're consciously choosing to vote in favor of bad faith bargaining and deceitful development practices; practices employed by the Babylon and other developers to circumvent the protections afforded by our Zoning Code, a Code that you were elected to uphold. This was never an application to restore taken property rights. As the Planning Department has consistently stated, T6-12-0 is more than sufficient to restore any rights to the extent they were taken. So why recommend T6-24? Why leave more than $700,000 in public benefits on the table by voting against the Planning Department's recommendation? It makes no sense, and causes much more harm than it does any good. So I ask that you please do the right thing and uphold the veto. And just for the record, this is not about views; I have no view, and I've been here before you guys time and time again. I've met with you individually. This is about much more than views. Thankyou. Chair Russell: Thank you. Can you submit the email for the record, please, that you have? Thank you. Good morning. Maripaz Pereira: Good morning. My name is Maripaz Pereira Cordova. I'm as an owner and resident on Brickell Shores; actually in the building 1440. I'm supporting the rezoning of the Babylon, and I'm not agree with the veto. I'm opposing the veto. City of Miami Page 55 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Understood. Ms. Pereira: Thank you. Chair Russell: Thank you for your comment. The next speaker. Jesus Bello: Hello. My name is Jesus Bello, 3301 Northeast 5th Avenue. I'm here to support the Mayor's veto. Thank you. Chair Russell: Thank you for your comments. Next speaker, please. Florys Samvely Hansen: Hello. Good morning. My name is Florys Samvely Hansen, and I'm an owner at 1440 Brickell Bay Drive. And my family and I have been living in the building for seven years. Unlike many of the people who have spoken that have attended town meetings and debates, I have not been as lucky as them. Actually, it was a couple of months ago that I learned about the Babylon and issues around it, and actually, I've tried to read on it and learn as much as possible to be able to have some sort of opinion on it. It seems like there's a group ofpeople who talk as -- on behalf of others and claim that they're a majority. I still believe that we live in a democracy, and -- where different points of views need to be discussed and shared. Based on the knowledge I have so far of the Babylon and its plight, I support the overriding of the veto and keeping Babylon T6-24B. Chair Russell: Thank you very much. Next comment, please. Javier Arbeloa: Hello. Good morning. My name is Javier Arbeloa. I'm raising at Brickell Bay Drive. First of all, I want to thank Mayor Suarez for doing the right thing and protecting the neighbors of Brickell Bay Drive against a group of greedy developers and maybe too willing to push the envelope group of lawyers, to put it that way. I mean, this has been a campaign that has been going for quite long time, orchestrated campaign to change the whole zoning of Brickell Bay Drive. This is evidenced by their recent email that was discussed a few minutes ago. This has been along for several years. I want to ask the Commissioners -- Commissioner Reyes, Commissioner Carollo, Commissioner Gort, Commissioner Hardemon -- do the right thing. I mean, this is your opportunity to right some wrongs. In the past you vote against the overwhelming majority of the neighbors. You vote against the recommendation from the Planning Commission [sic]. You vote against the Mayor - - the Commissioner of the district. So make the right decision. I mean, put aside any other motive that you may have and protect the neighbors, protect the neighbors. Do the right thing. Thank you. Thank you, everybody. Chair Russell: Thank you. Is there anyone else here for public comment on the mayoral veto? Judy Santos: Good morning, and thank you for having me here. My name is Judy Santos. My address is 218 Southeast 14th Street, Miami, Florida, and I'm a registered architect. I've been here since the beginning, so I know that you know me and I have visit you all. And my concern is they're saying it's unlimited height and we have lost. Well, it's not unlimited height, because in the -- in Ordinance 11000, you have 120 from the base line, and after that, every time you go up, it's afoot back. And because of the lot -- of the irregular form of the lot, the size of the lot that is a nonconforming lot to that zoning, it was granted, and it would have been having things that didn't comply, because it was nonconforming. So just saying that if you calculate at that time when they did that, or when Ordinance 11000 was existing, they were able to build 40,730 square feet of area --for living area, and in Miami 21, with a T6-8, they're able to build 59,480. And in -- let's say that they say that it's not buildable. Well, in the first eight floors, they have 55,340. So that means that City of Miami Page 56 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 they already have 15, 000 square more feet to build. And I want to bring this to your attention, because we're just talking about things that we're taking away; we're not saying the things that we're giving them. If they were to get the 20 -- TS-24-0, they would get a 112,827 square feet. So that is two and a halftime --almost three times what they were taking away from, just for clarification. Thank you so much. Chair Russell: Thank you for your comments. Ms. Santos: And I'm submitting it for the record. Chair Russell: Thank you. More comments, please? Please approach the lecterns. If there's anything else here to speak on this item, please approach both the lecterns. Good morning, Grace Solares. Grace Solares: Good morning, Commissioners, Mr. Chairman. Grace Solares. Your most important job in this Commission is protect the quality of life of us, the people who live in the City of Miami. This will be an absolute mess to everyone who's here. You have a lot of people here would live there. I'll bet you there are a lot of people down -- up here that live and are not speaking, because they don't like speaking in public. So I suggest and I ask that you please support the mayoral veto. The Mayor -- this is the first time that I see him veto something, so it's got to be extraordinarily egregious for him to do that. He usually goes with the Commission. So thank you so much. Chair Russell: Thank you, Grace. Anything else here for public comment? Please approach the lecterns. Jose Santos: First of all, good morning for everybody. My name is Jose Santos. I am located at Brickell Bay Drive since 2016, and I come and go as a tourist and mainly as a student of English (UNINTELLIGIBLE) 20. In spite of this time, I came in, read (UNINTELLIGIBLE) document, but permit me to stay here for three-month period. According to the email that I have been receiving related to Babylon rezoning and the new constructions close to Jade, Emerald, I'm totally disagree with all of these interns. I am here again to vote against constructions that are going to decrease our quality of life, the area environment, more traffic, more noise, a lot of confusion; less space for the cars to go around the City, causing more problems for everyone. Those are the reasons that I explain why am I against with those new constructions. Logically, I am in favor with the veto again in order to help the quality of life for everyone. Thank you. Chair Russell: Thank you for your comments. Good morning, Mr. Cuesta. Ernesto Cuesta: Good morning, Commissioner. Ernesto Cuesta, the President of the Brickell Homeowners Association. On behalf of the BHA (Brickell Homeowners Association), I'm asking this Commission to do your work; to do due your diligent work to support the quality of life for the residents. This is not about a small group of people living in this area. This is a large group of people that live in this area. I know you well, Mr. Gort, for many years. I hope that you honor the work that you have done for so many years in this community. I hope that you honor that. I hope that you support the veto of the -- our Mayor, and the -- support the quality of life for -- on behalf of our residents on the Brickell area. Thank you so much. Mr. Hannon: Chair, I'm sorry; the speaker's name. Chair Russell. Ernesto Cuesta. Mr. Hannon: Thank you. City of Miami Page 57 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Anyone else here to speak on the veto? Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street; just a question. Are we going to actually just destroy Miami 21, as we keep doing it over and over again? So if you're not going to use it, can -- we could just make sure everybody understand that Miami 21 doesn't mean anything; that it's not a law; that it's not something that you have to follow. That will be easier. That way, everybody can build whatever they want, and no problem, whatsoever. We don't have to bother either you guys, (UNINTELLIGIBLE) us (UNINTELLIGIBLE) waiting for the agenda to actually be in place. Thank you. Chair Russell: Thank you very much. Next comment, please. Roberto Alfonso: Hello. Good morning, everyone. My name is Roberto Alfonso. I'm a Brickell Bay Drive owner, too. Thank you very much for opportunity. Just a regular visitor. My property here, I bought it seven years ago, because I found that Brickell Bay Drive and Southeast 14th Street has the best of both worlds in Miami. It has the mother of the mother's neighborhood, with a quality of life that we deserve at this time of my age. I don't know what the quality of life is going to be improved by up -sizing the buildings, and this is going to give -- my concern is it's going to give -- open the door, so re -sizing the lot buildings in the area and it's -- we're just going to turn into another major street, like in any other city in the world. Thank you very much. Chair Russell: Thank you for your comments. Is there anyone else here who'd like to speak on this item? Please, anyone who remains that would like to speak on this, please approach both of the lecterns at this point so that we can move quickly. This will be the last speaker. Is there anyone else who'd like to speak on this item? Please make your comments. Thank you. Rose Pujol: Good morning. My name is Rose Pujol. I live at 2455 South Bayshore Drive. In reality, I'm here to represent my good friends and clients, Pedro (UNINTELLIGIBLE) and Clara (phonetic) (UNINTELLIGIBLE), who live at the Emerald, have lived at Grove Isle, and had a property at 2131 South Bayshore. And in reality, this is not a topic about views or our neighborhood. This is a topic that we want you, as our officials, to think about what you have committed to in terms of the resilience of our City, which you're committed to with another 35 cities in the Southeast Florida Compact. Think about the effect of adding a building of that height and having a Dorian pummel Brickell Bay Miami 18 hours. It's time that you take a look at the big picture. Thank you. Chair Russell: Thank you for your comments. And is there anyone left? I just want to make sure, we make sure we give everyone the ample opportunity to speak. Seeing none, I will close public comment, and open up the comment from the Commissioners. Gentlemen, would anyone like to address this issue? Commissioner Reyes. Commissioner Reyes: I will. I will. See, I'm going to make a little history here. When all of this came about, and they were asking for 80 stories, I had residents come to my office and ask me, pleaded to me, `Please, keep it under 40. Try to keep it under 40. " And I said, "Okay. " I will not -- and I -- that has been my position. I will never vote for any big -- I mean, large building that is going to be 40-story, 80- story building in that area. I will never do. I know that there are people that they are land banking. They are buying apartments in order for them, to in the future, they want to change the zoning. I had stated my position; that won't go. And based on those plead, you see, based on those plead, well, I got this in my hand -- and I City of Miami Page 58 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 know now that Francisco says, `No. It has to be less than 24. " Well, you see, this is a PZAB meeting that it was -- that took place on the 1st of May 2009, in which, in Section 2, says, "The PZAB recommends that the City Commission amend the Zoning Atlas, Ordinance Number 13114, as amended, by charging" -- " by changing the zoning classification from T6-8-R, Urban Core Transect Restricted, to T6-24B- 0. " That is, that it was changed, and it was recommended, it was recommended -- I didn't recommend 24 -- I mean, getting it only to 24 stories, because it came out of Miami, because I just thought about it. I read it here. And in order to avoid increasing the number of floors that -- of the possibility that they will go to 48 stories, that's why I made the motion, and we passed it. See? And I'm going to tell you this, and I am a straight shooter. The Babylon is going to be, is going to be developed. The building is going to be developed; 20 stories or 24 stories. And this is why I recommended that day that we go to 24, because -- as a matter of fact, I thought that -- and I said it -- that I was doing a good deed, and in exchange, what I got was a lot of insults, a lot of accusations by people that were -- you're talking about politics? Well, people that were supporting you and work in your committee for the strong Mayor, and the only two people that -- of the four Commissioners -- of the four Commissioners that voted in favor of that, only two of us got attacked, and it was a bunch of innuendos, accusations that as we were selling our vote. And those two Commissioners were those Commissioners, Mr. Mayor, that opposed you in the strong Mayor. I mean, we were vocal about it. You see? Wait a minute; let's not talk about politics now. Another thing that I'm going to tell you, Mr. Mayor, I -- please, spare us the drama. You see? I've been in this -- in touch with this City for many years. When a Mayor is going to veto something -- when a Mayor does not agree with something that is going, you should come down here and said -- talk to us, you see? Talk to us, and tell us, "Hey, listen, I do not support this. I will veto it if you pass it. " And that's it. That's what Regalado used to do. That's what Manny Diaz used to do. I mean, this is -- don't wait until the last minute when it happen and then call a press conference, and all the drama that came after. And I talked to you when the -- when Ultra was being moved. I said, "How do you feel?" I said, "I support it all the time. " Good. You see? I know that you supported it. Okay, that's fine. But next time that something like this happen, please, please, come down here - - you're part of -- I mean, you're the Chairman of this Commission -- and let us know. You see? That will give us the leadership, or also, we will spare the drama of a press conference and all the -- I don't know. (UNINTELLIGIBLE) that was created. Okay? Please do that. With all due respect, I'm going to ask. Chair Russell: Commissioner Reyes? Commissioner Reyes: Yes, sir. Chair Russell: Could we get a copy of the transcript you were reading? And just by clarification, it was a 2009 PZAB meeting; is that correct? Commissioner Reyes: Yes, sir. Yes, sir. Right here. Chair Russell: 10 years ago? Commissioner Reyes: Huh? Chair Russell: From 10 years ago? Commissioner Reyes: No; 2019. Chair Russell: Oh, I'm sorry; you said 2019. Commissioner Reyes: 2019. City of Miami Page 59 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: So 2019 -- Commissioner Reyes: Two -zero -one -nine. Chair Russell: Understood. And who was speaking that you were reading from? Commissioner Reyes: The signature here says, "The resolution shall become effective upon adoption by PZAB. Francisco Garcia, Director, Department of Planning. Execution: 5123119. " This is why I voted for it, because I know that it's going to be developed, and I wanted to avoid this. And therefore, I am moving, as I said before, that -- the Ordinance 13855 be adopted and become effective, notwithstanding the veto of the Mayor. That's the way that the ordinance -- I mean, the -- Chair Russell: Understood, and thank you for claming that. And I -- so I just wanted to understand, that was -- Commissioner Reyes: You want a copy? Chair Russell: Yes, please. Commissioner Reyes: Anybody want a copy of this? Chair Russell: So that was Director Garcia's recommendation at that time -- Commissioner Reyes: Yes, sir. Chair Russell: -- of T6-24B-O, is what you're saying? And that's why I'd like to get (UNINTELLIGIBLE). Commissioner Reyes: Based on this -- and I want everybody to know this. You see? Based on this -- and when I asked, they were asking for 40 -- over -- I mean, go over 40, and that was the fear of the people that came to my office. And based on this, I said, "Okay. " And I went, and I asked Francisco. I said, "Francisco, this was a recommendation? " "Yes. " Okay? That's why I proposed it. Mayor Suarez: Mr. Chair, if I may? Chair Russell: I would like to get clarity on that, because Director Garcia stated on the record during the hearing of this item that he did not -- he felt that T6-12 was the sufficient -- So I'd like to get clarity on that, Director Garcia; and then, just before that, Mr. Mayor, you'd like to make a comment? Mayor Suarez: Yeah. I just want to say -- and I think what -- there was a confusion. Number one, that I think that what he's indicating is that was the Planning & Zoning Board's recommendation; not the Planning Department's recommendation, so I just want to clam that. That's a mistake. Okay. That's -- so you made a mistake. So as to the second part, in terms of -- there are a variety of different kinds of items that we can hear in the City Commission. This happened to be a quasi-judicial item. And so, I feel that it's appropriate on quasi-judicial items to allow the Commission to deliberate, absent the Mayor, and then the Mayor has the right to exercise his veto, which is part of the Charter and his responsibilities as the Mayor of the City of Miami. So I don't think it's appropriate for me to interject in a quasi-judicial proceeding; come before the Commission and threaten a veto. I trust this Commission's deliberations on quasi-judicial matters. As I think Ms. Solares said, I've only exercised my veto twice. Once -- this is the only time I've ever exercised it City of Miami Page 60 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 in a quasi-judicial matter. So, I mean, I think I'm very judicious, and I have not done it in any way that's disrespectful to the Commission; on the contrary, I've been very respectful of the Commission's prerogative as a quasi-judicial board, and I simply disagree on this particular item, because I don't think it's in the benefit of the residents of the City of Miami, of the residents of the area, and that's my job as Mayor, and that's why I'm the Mayor of the City of Miami. Chair Russell: Thank you, Mr. Mayor. Mr. Director, did you recommend -- (Applause) Chair Russell: Please, no applause. (Applause) Chair Russell: Thank you very much, but please, hold your applause. Mr. Director, do you -- did you recommend T6-24B-O? Mr. Garcia: No, sir. I believe what Commissioner Reyes is making reference to is the fact that the signature line attesting to the decision of the Planning, Zoning & Appeals Board happens to have my name on it, and I do sign off on those. What I am doing by signing that is attesting to the fact that the Planning, Zoning & Appeals Board, indeed, recommended to this body that the zoning request for T6-24B-O be granted. Our recommendation at that time was the -- that the correct zoning be T6- 12-0. Chair Russell: And that stands as your recommendation; is that correct? Mr. Garcia: That stands as our recommendation (UNINTELLIGIBLE). Commissioner Reyes: But it is quite -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- confusing, sir, because if I sign something, it means that I agree with it. You see? I don't sign anything that I don't agree with it, or I let it be clear that it is -- I don't know what -- you change your mind -- I don't know what happened, but that document, it specifically says that it is the recommendation of PZAB that it will be from 8-24 and without a bunch of things there. That was my recommendation to the Commission in order to avoid a higher building there. Chair Russell: Thank you, Commissioner Reyes. Commissioner Reyes: And I'm going to stand -- I stand by my guns, and I -- Chair Russell: Question for the City Attorney's Office. Does the signature of Planning Director on a Planning, Zoning & Appeals Board decision indicate that the Planning Department and staff agrees with that decision or just verifies that the vote was taken? Kerri McNulty (Assistant City Attorney): The latter. It's not -- No, Mr. Chair, it does not indicate that the Planning & Zoning Department -- that that was their recommendation. It's just indicating that that was the vote of PZAB. Chair Russell: Thank you. And this is pivotal, because there has been statements as to whether or not the Planning Department has changed its mind on this, which is City of Miami Page 61 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 what's being implied. So I just want to get clarity on that. They have not; is that correct? Commissioner Reyes: And -- Mr. Garcia: Definitely. Commissioner Reyes: -- doesn't -- I mean, it is even notarized. Chair Russell: Yes. He's signing that the Planning, Zoning & Appeals Board made a decision -- Commissioner Reyes: Well -- Chair Russell: -- but not that he agrees with the decision. Commissioner Reyes: I -- Chair Russell: Understood where you stand. Commissioner Reyes: That is -- my -- Chair Russell: You've been clear. Commissioner Reyes: --position is clear. Chair Russell: Mr. Director -- Commissioner Reyes: And my position was -- Chair Russell: -- if you wanted to -- Commissioner Reyes: --based on this and on the plea of the neighbors. I did my job according to my conscience, and I will do it. And I know for a fact that that parcel of land, don't you believe that it's not going to be -- It's going to be developed, either 20 or 24, and they are -- they cannot come and ask for anything higher. And nothing higher than that will have my support in that area, which I think is very beautiful. And I made my position clear to everybody that has come to my office, trying to convince me that the tax breaks -- I mean, the tax increment that will take place if they do big -- I mean, large towers there. As a matter of fact, I had neighbors that said, `I'm waiting for the right" -- the right, the right -- "offer to sell." See? I had all those conversations in my office. And my conscience is very clear (UNINTELLIGIBLE). Okay? Chair Russell: Thank you very much, Commissioner Reyes. Mr. Director, did you want to say anything to that effect? Mr. Garcia: No. I did want to correct you, Mr. Chair -- or correct the record to be very clear on the fact that it is the case that, as part of a previous zoning application, the Planning Department denies or (UNINTELLIGIBLE) made their recommendation that the proper zoning for this parcel would be T6-248A-0, but I think it is also abundantly on the record that there were additional factors that changed that recommendation to T6-12-0. I just wanted to be clear on the record -- Chair Russell: And Commissioner Reyes, just a moment, please. Mr. Garcia: -- and consistent with myself, always. City of Miami Page 62 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Right. But just to clarify what Commissioner Reyes is saying, he believes your signature on a PZAB decision indicates that you agree with the PZAB decision. Do you agree with that statement? Mr. Garcia: No. That, unfortunately, is not the case in this particular (UNINTELLIGIBLE). Chair Russell: That's not how it works. Mr. Garcia: Our recommendation to the Planning, Zoning & Appeals Board was that it be T6-12-0. Our recommendation to this body, although it is not before you today, is that that is the proper zoning for the parcel in (UNINTELLIGIBLE). Chair Russell: Thank you. Commissioner Reyes: Can I ask -- Chair Russell: Commissioner Reyes, you're recognized. Commissioner Reyes: -- Mr. Garcia a question? Mr. Garcia, you and I, we had a conversation -- Mr. Garcia: Many. Commissioner Reyes: -- that -- and we had many conversations on many other things, you see? And we joke a lot, but we talk seriously about what is going to affect. Isn't it true that you are -- that was being proposed, it was to go first to -- up to 20 -- I mean, it's 6-20; then to jump and go into -- what is -- the next one is 40 and 6 -- 48, or something like that -- 848 -- that was the argument against voting for anything more than 20 was not to violate the sequence of -- that means that they would have come, and they would have asked -- they had the right to ask for additional height, right? Mr. Garcia: Yes. Commissioner Reyes: Isn't that right? Mr. Garcia: Yes, sir. Commissioner Reyes: And in order to avoid that was that I recommended this, based on this. Mr. Garcia: That is correct, sir. And I stand on the record still, again, to reinforce the point you've just made that the 24 stories that would result from this zoning change are not entirely objectionable to us in the Planning Department and to our recommendations. Our concern is much more related to the development capacity, the square feet that would result from T6-24, but that is another component. Commissioner Reyes: Okay. Chair Russell: Thank you very much. Thank you. Commissioners, further discussion. Mayor Suarez: And Mr. Chair -- Chair Russell: Yes, Mr. Mayor. City of Miami Page 63 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mayor Suarez: -- if I may? I think he's also concerned, and I think you sort of alluded to it, Commissioner, to the violation of the successional zoning principles of Miami 21, which would be unprecedented, frankly. It's never been done in nine or 10 years that Miami 21 has been in effect. We've never skipped a zoning category. There's a procedure. If someone wants to upzone and get eventually to T6-24, and they're at T6-8, they can apply for a T6-12. If they're granted, they have to wait 18 months, and they can apply -- unless it's waived by the Commission --for a T6 -- whatever, the next zoning category -- 24 or whatever. And this is the first time in 10 years that if the veto is upheld, for some reason, that this Commission will have gone away from that policy, from that principle, and I think that's also a concern of the Planning Director. Commissioner Reyes: Well, I -- Chair Russell: Commissioner Reyes. Commissioner Reyes: I still -- Mayor Suarez: Understood. I'm just clarifying. Commissioner Reyes: -- back my -- Chair Russell: You're clear. Commissioner Reyes: I'm clear. Chair Russell: Understood. Commissioner Reyes: I'm clear, and I wanted to read the way it is stated here. Chair Russell: You'd like to present something else? Commissioner Reyes: No. That the --that my motion should read-- I move that Ordinance 13855 be adopted and become effective, notwithstanding the veto of the Mayor. Chair Russell: Thank you. Commissioner Reyes: Okay. Chair Russell: That's on the record. Commissioner Reyes: And Mr. Gort, you still second it? Chair Russell: Yes, there is a motion and a second. We've completed public comment. We're now in discussion on the dais. Is there any further discussion from the Commissioners? Commissioner Reyes: Let's vote, and that's it. Chair Russell: Thank you. I'll just finish with my comments, please. Of course, I support the Mayor in his veto. I do believe, for many, many reasons, why this should not be zoned to T6-24B; I've stated them on the record. I do believe this is a domino play for further development along Brickell Bay Drive. If we wish to rezone Brickell Bay Drive, we should have the public meetings and charrettes, and discuss Brickell Bay Drive as an area for potential change in zoning, but to me, this is not the way to City of Miami Page 64 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 do it; to get afoot in the door and skip a transect, and start a domino effect that will allow someone else to apply and then someone else to apply, creating a spot zoning domino, for example. Skipping a transect zone is not something that I support in this case. This is not about views. This is not about popularity or politics. This is about our Code, and we need to respect that. Therefore, my position stands on this; and so, I will be voting "no " in order to uphold the veto. We have a motion. We have a second. Is there any further discussion? Commissioner Hardemon: I have some comments. Chair Russell: I'm sorry? Commissioner Hardemon: I have -- I'd like to say something. Chair Russell: Yes, Commissioner Hardemon. Commissioner Hardemon: The -- what we talked about earlier at the last time that we voted on this, it was a quasi-judicial matter. Chair Russell: Correct. Commissioner Hardemon: And I take those matters very seriously, because in those matters, we need to discuss things based on the evidence that's presented before us. I think I was on the record by saying that I felt as if what happened was a taking. Now, there's been evidence that's presented both ways. One says that it was not a taking; one says that it was a taking. One says they're getting above and beyond the value, and the other evidence says that they're not. And it's a confusing thing, right? Because, you know, I go with what I believe in my heart is what it is. But I think there's evidence in the record that's sufficient for the decision -maker to make a decision either way. And so, you know, when I think about where we are today, though, this mayoral veto, and as I look at the Charter and what -- you know, what responsibilities the Mayor has, I think to myself, "Why should the Mayor be able to veto a decision that's a quasi-judicial matter?" Well, why? Because it's in the Charter. Now, that does not make the Charter correct. That does not mean that it is the best thing necessarily for the City of Miami, and I'm not giving an opinion one way or the other, but it does make me stop and wonder where a Mayor has an opportunity to veto a decision that's been made based on competent testimony that's provided before the Commission. And so, then it asked me -- then once again, so where are we today? This is a veto -- this is a decision that we must use -- we must address the veto decision. We're not here necessarily discussing the issues that were already hashed over in the quasi-judicial matter. So, for instance, we listened to a lot of public comment, and I heard a lot of the evidence on the record once again during public comment that is about the matter that we decided upon the last time we met together, And I don't know if that's proper. You know, I don't think that all the information that we heard today is something that we should necessarily consider as a quasi-judicial matter, because we're not in a quasi-judicial setting. And so, you know, I have a -- I'm trying to distinguish the two: the matter from before; the matter that we have today. The matter that we have today, when you read the -- our governing documents, it basically describes that we have a decision to make. We either can override the Mayor's veto by four/fifths of the City Commission, or we can sustain the vote that we had before. But nowhere in it does it say that I need to consider any competent substantial evidence. Nowhere in it does it say that I need to decide it based on any testimony that was provided to me. Nowhere in it does it say anything that I need to consider, like I had to consider before. And so, you know, the decision before was a tough one. The decision today is a tough one. The decision before was a tough one, because, you know, you hear the cry of a district Commissioner over a space that is -- that he knows more about than what I do, City of Miami Page 65 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 because I'm not the district Commissioner. Or the Mayor does not give his opinion, right? And so, I know that pain, because I've been voted against on this dais in decisions that I thought would make my community not only in one part sometimes better; I've been voted against. And then, in other times, I've been voted against where I felt like the decision that the Commission was making would make my community worst. Right? Both don't feel good, but at all times, I always move forward with the Commission, because I know there are more votes to be had. You know, the next vote may determine something about another Commissioner's district, and I don't think it's proper for me to make a decision to ill -effect his district because of a decision that he just made about mine. I don't operate that way; I don't think that we should on this dais. And so, you know, I made a decision at the last hearing to support the applicant in this matter, because of the facts that I've heard on the record. But when I think about where we are today, this is not about those facts. I agree that the facts are as they are. If I had to vote again on this matter, I would say that I would vote for the applicant. Right? But here, I'm not asked to vote for applicant. Here, I'm asked, 'Am I going to override a decision that the Mayor made; not based on me" -- He wrote what he wrote in his memo, but he didn't make his decision on the same reasons we made our decision at that time. And so, it kind of puts me in a position where I -- when I look at this issue, I'm saying, "At this venture, do I support the" -- "this Commission? Do I" -- it's three things -- almost like two or three things happening here, because you have the Mayor saying that he doesn't believe that this is the right thing for this community. You have some community members also saying, "This is not the right thing for this community. " The district Commissioner is saying, "This is not the right thing for this community. " And now here I am with a vote to determine whether or not -- not as -- not if the -- there was competent substantial evidence put on the record to support the applicant, but that might want to support this politically for this community. Right? And so, I think that's a much different look, a much different standard. And with that type of standard, I'm really leaning towards supporting the district Commissioner and the Mayor. Chair Russell: Thank you for clarifying that, and it's some deep legal and philosophical issues that you bring up, and I'm glad we have a lawyer on the dais to clarify. That's the reason I really did not want to get us into the actual submittal of evidence and cross-examining of witnesses. It was the will of this body at that moment to do so, and I felt we'll go that direction in order to put everything on the record so that in the future, at least, nobody could say -- "Due process was not violated. " But I agree with you in this case. What we are doing here is not trying the evidence once again. We are simply voting on the Mayor's veto. And so -- but that's interesting. I mean, it brings up even the whole concept of single -member districts. Whether you agree with it or not, it's in our Charter. But the only two people on this dais that any of those people in that area voted for are the Mayor and myself, so none of the rest of us are accountable to them. They have no recourse within an election to oppose. And so, we -- whether that affects our decisions or not, who knows? But we do get to vote on all the issues of the City, and that is the Code and the Charter of our City, so we respect that. So with that in mind, is there any further comment on the dais? Yes, Commissioner Carollo. Commissioner Hardemon: Yeah. So -- Chair Russell: Let's not start talking about haircuts now. Commissioner Carollo: I see something different. Commissioner Hardemon: I'm going for the Motown look. City of Miami Page 66 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Carollo: (UNINTELLIGIBLE) going to your Chief of Staff and ask him who's the new hiree. Commissioner Hardemon: I'm going for the Motown look. Chair Russell: All right. Commissioner Hardemon: The 1965 Miami City Commission look. Chair Russell: Thank you. There has been a motion and a second to overturn the veto of that Mayor. For that reason, a `yes" vote would imply you are willing to overturn the Mayor's veto; a "no " vote would mean you are in favor of upholding the Mayor's veto. Can we get a roll call, please? Commissioner Hardemon: Can I say something before -- Chair Russell: Yes, of course, Commissioner. Commissioner Hardemon: --this last thing? I tried to put on the record how I felt and not to be ambiguous or silent. So if there are any issues, especially -- because I think this is a very interesting time of the -- part of the -- part of what we do on this dais. So if there are any issues as to how I thought about this process -- because it is -- I would say on the record that it is determinative of my vote in this matter; that if there's -- so if there are any issues to that, I would love to see someone litigate that issue, because I think this is important issue for all of us to know in the City and that -- there are times at which I believe that this sort of issue can be diapositive. And so, I just want to put that on the record. Ms. Tapanes Llahues: If I may, Commissioner Hardemon? This is -- Chair Russell: I'm sorry; you're not recognized. Ms. Tapanes Llahues: -- a quasi-judicial hearing. Chair Russell: Please, please. I do not even know why you're at the lectern right now. There was 20 minutes given. You took an additional minute to close after that. And I believe we have all had our piece. I really do not want to mess with the process at this point; that I believe has been very fair to both sides. There is a process, and we are following it. And I'm very respectful of these Commissioners and this public by not allowing further public comment at this time or comment from either side of the interests. Ms. Tapanes Llahues: Thank you. Chair Russell: I apologize. Commissioner Reyes: Call the roll. Call the roll. Chair Russell: Roll call, please. Mr. Hannon: Roll call on Item MV.1: Commissioner Hardemon? Commissioner Hardemon: To clarify again, the motion is to -- Chair Russell: Overturn. So a "yes " vote would be to overturn; a "no " vote would be to uphold. I thought you were just being -- City of Miami Page 67 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Hardemon: No, no. Drama, no. Chair Russell: Drama -- what do you call it? Commissioner Hardemon: Dramatic. Chair Russell: Suspense. Adding to the suspense. Commissioner Hardemon: `Against. " Chair Russell: A "yes " is to overturn; a "no " is to uphold. Or in your case, you say `for" or "against. " Commissioner Hardemon: `Against. " Ms. Mendez: So there needs to be four votes to overturn. Chair Russell: Correct. This would be a four/fifths. That's one against, he said. I'm sorry. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Gort? Vice Chair Gort: Let me explain. I think I stated it on the first time we were here. As you can see, both cases, they were building the case to go to court. I said, both cases, they were building the case to go to court. So I know it's going to go to court, and I said it from the beginning when we talked about it. And who knows? This can bring people together sometimes. I've seen people, when they defer, where they have a chance to speak a little bit more, they can come to a conclusion. Yes. Mr. Hannon: Commissioner Reyes? Commissioner Reyes: Yes. Mr. Hannon: Chair Russell? Chair Russell: No. Mr. Hannon: The motion fails, 3-2. Chair Russell: The veto is upheld. Thank you very much for your advocacy and involvement -- (Applause) Chair Russell: --for respecting the process. (Applause) Chair Russell: Thank you. Just a brief moment to clear the room, and we're going to open the public comment. I understand Senator Book is here. I don't see her. Thank you. Please, everyone, take your conversations outside. We have about -- just a few minutes before the lunch break. Please clear the room. City of Miami Page 68 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Later... Chair Russell: All right. It's been a very long day. Commissioner Hardemon: I have the -- something I wanted to read into the record. Chair Russell: Oh, yes, of course. Commissioner Hardemon: So as you all remember, I remember -- I made some comments into the record regarding a motion to possibly reconsider an item. I was provided with a case, IS Florida Law Weekly, Supplement 657(a); basically, the Vizcayas [sic], Inc., et al v. City of Miami. And, you know, I read this case a couple times and talked about it with the City Attorney's Office in a number of different ways, and this is what I've come to with it: In this case, the case was basically a certiorari challenge to the ordinance and resolution granting a request to rezone a portion of a hospital complex property, and grant major use special permit allowing construction of three non -hospital -related and non -accessory high-rise condominiums. This is about due process, right? So this is the properties that are behind the hospital. What is it called? I think it's Mercy Hospital. Anyway, in this case, one of the things that it says is that, "In quasi-judicial zoning proceedings, the parties must be able to present evidence, cross-examine witnesses, and be informed of all the facts upon which the Commission acts." So I'll say this first before I get into this: The question I always had was whether or not this was a quasi-judicial action that we were doing when we were looking to re -- to consider the Mayor's veto. The -- one of the parties believes that it was a quasi-judicial act. I didn't believe it was. So I'm reading to kind of clarify that, because this was the case that was presented to me to show that it was quasi-judicial. So -- Chair Russell: That a veto of a quasi-judicial item is a quasi-judicial vote? Commissioner Hardemon: Correct. Chair Russell: Okay. Commissioner Hardemon: Right. Well, not that the veto of it, but the consideration of the veto. Chair Russell: Yes; that's what I meant. Commissioner Hardemon: Right. Chair Russell: Thank you. Commissioner Hardemon: So it says, "In quasi-judicial zoning proceedings, the parties must be able to present evidence, cross-examine witnesses, and be informed of all the facts upon which the Commission acts"; that is, of course, what happened at the -- like when we met as a Commission, they presented evidence, et cetera, et cetera. Now, today, there was also some presentation of evidence, but I said on the record then, "I don't think it was proper. " Now, it then goes and talks about ex parte communications. The definition of "ex parte communication" comes from a case called Soren v Kumble, where it says, Yx parte communications or communications between an arbiter" -- "an arbitrator and one of the contestants." This case's position is that the Mayor engaged in ex parte communications with the respondent during the 10-day veto period, following the Commission's adaption -- adoption of the orders. I have a fundamental disagreement with that, because the Mayor doesn't hear facts; the Mayor doesn't weigh in on the evidence. The Mayor doesn't do any of these things that happen at a quasi-judicial meeting, and I think that we all would City of Miami Page 69 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 agree on this dais that when there's a quasi-judicial happening, we consider it; the Mayor is not even present. He's probably home playing with his children, hopefully. And so, as a matter of fact, in the dissent, the dissenter says that the Mayor did not engage in the ex parte communications, because he was not one of the arbitrators of the zoning case, as he did not participate in the hearings in any way, right? And that was also cited in Soren v. Kumble. Now, in this case, the Mayor did not veto the item. In this case, the Mayor -- Commissioners -- actually, Commissioner Sarnoff wrote an email to the Mayor -- Mayor Diaz -- asking for a veto of both the rezoning and the MUSP (Major Use Special Permit) application. And as an -- he also had requested something in the alternative, which was basically to add 10 more conditions before approving the MUSP request. Mayor Diaz responded by stating that, "The majority of the City Commission has indicated that the public hearings on this matter have been more than sufficient, and I will honor their wishes that no further hearings be required; instead, because I find your suggestions valid, I have not only asked the developers to voluntarily agree to the 10 conditions, but I have added two more additional conditions of my own, as well. " What ends up happening is there is an addition of square footage in the property that's to be considered in the zoning change. So basically, it's as if we agree on the square footage of the project, and then the Mayor just increased it, right? That -- it says -- that I believe to be, you know, a violation of your due process rights, because neither the homeowners had an opportunity to discuss that -- it's just not -- it was not -- bottom line, it wasn't proper. The Mayor couldn't do that. Chair Russell: It was a veto or it was not a veto? Commissioner Hardemon: He did not veto it. What he did was he asked the developer to make a concession. Chair Russell: Yeah. Commissioner Hardemon: The developer made a concession. There was an increase in the zoning -- I mean in the square footage that was in the thing, and the City tried to say that it was -- they were correcting a scrivener's error, but it was a substantial error; and so, the court basically says that you can't do that. So -- but ultimately, it says that, "Here, the Mayor engaged in ex parte communications" -- because that's what they're really talking about, ex parte communications -- "with the respondent during the 10-day veto period following the Commission's adoption of the orders. Petitioners emphasized to the extent that the Mayor believed that there were adverse effects resulting from the grant and the zoning and MUSP that required the mitigation through the imposition of additional conditions. The matter should have been discussed within the public" -- "within the scope of the public quasi-judicial process, and required public hearing and notice. " I'm going to say that part again. "The matter should have been discussed within the scope of the quasi-judicial process and required public hearing and notice. " So the additional things that were added on, I think they're right. It should have been -- it -- that should have happened. And then it says that, "We found that the Mayor's communications all took place after the hearings had concluded, away from the public earshot, and therefore violated the petitioner's due process rights under the Jennings criteria. " Now, that's the part where this -- where -- The Jennings criteria, of course, is for us to disclose ex parte communications, because they're deemed to be considered prejudicial unless someone proves otherwise, right? I don't think that the Mayor can have a -- the Mayor doesn't give Jennings disclosures in quasi- judicial matters, because he doesn't vote in quasi-judicial matters. And so, my point there is that they're using -- this case is being used to say that because under the Jennings disclosure in this case that -- they're saying that the Mayor violated due process rights; that that made -- that makes this sort of hearing where we're discussing the Mayor's veto to be quasi-judicial. The case doesn't explicitly state City of Miami Page 70 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 that; they're implying that. And what's interesting in that, even though it's the -- even though it's in the dissent, where he says that the ex -- that there's an additional thing about whether or not there can be ex parte communications, because he was not one of the arbitrators of the zoning case. He didn't participate in the zoning in any way. It says, "Rather, he was acting properly in an executive capacity." Now, I'll be the first to say that is the dissent, but I found it interesting, because he spoke directly to the issue of, "Is a Mayor's" -- it spoke directly to who is considered to be an arbitrator, which I think that we are on this dais. And so, basically, with all that, I'm saying that from this, what I'm gathering is that a Jennings disclosure that says the Mayor had ex parte communications, you're using that to make the assumption that it was quasi-judicial, because it does follow -- it follows; that makes sense. But the case didn't explicitly say that it was a -- that the -- it doesn't even speak to whether or not a consideration of an appeal -- I'm sorry -- a consideration of a veto is a quasi- judicial thing. I think that it is legislative, and it appears from the case that you can pull the fact that it is legislative. That's what I wanted to say. So I'm not making a motion to reconsider based on this case. Chair Russell: Thank you. Commissioner Carollo: What's that? Did you -- what? Commissioner Hardemon: A motion -- Chair Russell: He's not making a motion. Commissioner Hardemon: I'm not making a motion to reconsider. Chair Russell: There was a thought to reconsider based on new information of a case -- case law, but he's analyzed it, and he doesn't believe it changes his decision. Commissioner Hardemon: That's me. He may think differently. I can give you the case. Chair Russell: Thank you very much. Jeffrey Bercow: May I? Chair Russell: Mr. Bercow, I think that's your argument for the next court, right? Mr. Bercow: Well, let me say this -- Jeff Bercow, 200 South Biscayne Boulevard. I think what this case says very clearly is that the 10-day veto period is a period that has to observe quasi-judicial requirements, but the Mayor did not do it in that case. There was no forum for him to make the Jennings disclosure. There was no way for him to do it. There was no way to cross-examine witnesses; no way for the public to have notice and to be heard. So as I mentioned earlier, the Planning, Zoning and Appeals Board hearing was quasi-judicial. Your two hearings were quasi-judicial. The 10-day veto period was quasi-judicial. Why wouldn't the decision to override the veto be quasi-judicial? And in the playhouse override hearing, special counsel for the Mayor stated on several occasions that it was a quasi-judicial hearing. The attorney for the County stated on several occasions it was a quasi-judicial proceeding, and nobody rebutted that. Chair Russell: Mr. Mayor. Mr. Bercow: This proceeding today was quasi-judicial. Chair Russell: Mr. Mayor. City of Miami Page 71 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mayor Suarez: Thank you, Mr. Chair. I sort of agree with the dissent, as well, and that argument was made in the playhouse case. There was an argument made that we complied both with the quasi-judicial requirements, but we did not feel we needed to comply with the quasi-judicial requirements. Similarly, the same applies here. In an abundance of caution, and on the advice of counsel, we have always abided by quasi-judicial rules and regulations, just in the unlikely event that a court would hold that it is a quasi-judicial event. I believe that it's within my executive power, but nevertheless, we didn't have ex parte communications. The mere fact that someone sends me an email that I have no way of controlling receipt of -- there -- isn't even been an allegation of an ex part communication, because what the applicant has alleged was that I received emails, which are public records, that -- They don't allege that I read the emails. They don't allege that I interacted with any of the people who sent me emails, or that I had conversations with them. So there's not even an allegation of an ex parte communication. So, you know, I try to conduct myself, with the advice of counsel -- and our City Attorney who's very conservative -- just in the unlikely event that a court holds that it is a quasi-judicial proceeding you know -- I, protecting the actions of the Mayor and the veto, did not have ex parte communications. Chair Russell: Thank you very much, Mr. Mayor. Thank you for your point. Mr. Bercow: Well, just to quote Mr. Leal from the playhouse override hearing, it's important, because, again, we sit here on a quasi-judicial proceeding, so you're essentially appellate judges in this capacity. You do have the obligation to review substantial competent evidence. You do have the obligation to make sure that due process is observed. You do have the obligation to make sure that the correct law is applied. You can't simply make apolitical decision. Mayor Suarez: Mr. Chair -- Chair Russell: But it almost rises to the question of whether or not a Mayor should be able to veto a quasi-judicial item. Mayor Suarez: Yeah. I -- Chair Russell: So I think we followed procedure, but -- Mayor Suarez: Mr. Chair -- Chair Russell: -- it's an interesting philosophical debate. Mayor Suarez: No. I -- it's clear in the Code and in the Charter -- Chair Russell: Yes. Mayor Suarez: -- that the Mayor has the right -- Chair Russell: Of course. Mayor Suarez: -- and they're not arguing that the Mayor doesn't have the right to veto a quasi-judicial matter. What is being argued is that the playhouse matter was a quasi-judicial matter. And we argued both that it was -- it could be considered a quasi-judicial matter, but it's within the power of the Executive to make the veto decision based on political considerations alone. Regardless, we provided substantial and competent evidence which would justify a veto if it were considered City of Miami Page 72 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 to be quasi-judicial. And if it's not considered to be quasi-judicial, there's more than ample evidence in the record to support my decision anyway, so thank you. Chair Russell: Thank you very much, and thank you for your comments. END OF MAYORAL VETO(ES) City of Miami Page 73 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 PA-PERSONALAPPEARANCES PA.1 PERSONAL APPEARANCE 6240 A PERSONAL APPEARANCE BY JOHANN ZIETSMAN, THE NEW PRESIDENT OF THE ARSHT CENTER FOR THE PERFORMING ARTS. RESULT: DISCUSSED Chair Russell: Public appearance, Mr. Zietsman. Good morning. Johann Zietsman: Good morning, Mr. Chair and Mr. Mayor, Commissioners. Thank you for this opportunity to introduce myself. My name is Johann Zietsman. I'm the President and CEO (Chief Executive Officer) of the Adrienne Arsht Center for the Performing Arts in Miami -Dade County. I started this position on the 1st of February, having moved here from Calgary in Canada. So I think most people in the room will understand, moving here from Calgary in January was a really good thing to do -- I'm delighted to be here -- and since then, have had a wonderful welcome, warm welcome by this great community of Miami, of the City of Miami, but also the County. I've worked in many places in the world and have heard about the Adrienne Arsht Center over the past decade, with great accolades and this great admiration for this place, so it's a great honor for me to lead the charge for the next few years. Since my arrival, I've witnessed the impact of the Adrienne Arsht Center in many ways. Of course, we're known for bringing world -class performing arts of all genres in a fantastic world -class facility, but I think what I was drawn to come here and what I'm particularly impressed by is the impact on education and on the next generation that has been part of the DNA (deoxyribonucleic acid) of the Adrienne Arsht Center right from day one. And I'd like to, in addition to sharing some other facts, talk a little bit about arts education. But this year we -- the Adrienne Arsht Center had a very busy year. We offered more than 450 cultural events, and performances attended by more than 358,000 people; more than 6,800 college students from across 40 universities are now registered for our UTix Discounted Tickets Program, and the Center is projected to end the year with a balanced budget in the -- for the 11 th season in a row. But it's Arts Education Week, as I'm sure everybody here knows; and so, I will just share a little bit about our arts education highlights. We continue to do a Rock Odyssey for every single grade 5 student in the Miami -Dade Dade School District come to the Arsht to experience this program, free of charge. Also, Kitty Hawk for our grade 7 students. And I'm very happy to say that this year we've started developing our grade 9 program, which will launch next year. So every grade 5, 7, and 9 student will be able to be -- have a curriculum - connected experience at the Arsht next year. We also continue to do our very famous AileyCamp Miami, which benefits 100 children from all over the County for six weeks. They come and they are helped to develop life skills and soft skills, which I believe is more necessary than ever. We have a total of 14 education programs, which I don't think everybody knows about, and we serve more than 60,000 kids a year. This year we started a five-year strategic plan for the next five years, and we started with a listening tour. So I went around the County from north to south, east to west, and spent about two months listening to what 670 citizens of this great County, who shared with me how they feel about Miami, the Arsht, and the future. They told me about a lot ofpride they have for this City, for the City having a world - class facility like this, but they also told me they have great aspirations to see City of Miami Page 74 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Miami's own unique stories being told and elevated to the global stage, which is a commitment that we will make for the next five years, to spend a lot of time doing that. They also have shared a deep desire for a stronger Miami -Dade arts ecosystem so that the whole ecosystem works together to lift the whole community up. Thank you very much for your support, to this Commission, right from the beginning. I know this is not easy to do, but your bold and visionary leadership need to be congratulated and commended. And thank you, also, Commissioner Russell, for your specific support. We are operating in your district, so thank you for that. I also want to thank our board representatives that represent you on our board. We have Mr. Alex Tachmes, who's in the room; we have Ms. Carole Ann Taylor, who's in the room; and Mr. Seth Gordon, who's in the room. They represent you with wisdom and with honor and with diligence, and I just want to thank them for their guidance and their support on our board. We will continue to rely on your partnership and your support, and we will continue to work with you to develop our arts ecosystem to be worthy of Miami's possibilities. I look forward to serving this community and to developing even stronger connections with every citizen and every Commission, and with the Miami community as we build a creative Miami together. Again, I thank you for your time and for your support. Thank you. Chair Russell: Thank you, Mr. Zietsman. Thank you very much. Is Commissioner Bovo here? We have a public appearance for him on our agenda. No. All right. If he comes, we'll break for that. PA.2 PERSONAL APPEARANCE 6451 A PERSONAL APPEARANCE BY COMMISSIONER ESTEBAN BOVO JR. REGARDING A PRESENTATION ON THE 2020 CENSUS. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Note for the Record: Item PA.2 was deferred to the September 26, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.2, please see "Order of the Day. " END OF PERSONAL APPEARANCES City of Miami Page 75 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon CA.1 RESOLUTION 6442 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Office of the City A SETTLEMENT AS TO THE PARTIAL PAYMENT FROM Attorney RESOLUTE MANAGEMENT, AS CLAIMS HANDLER FOR NATIONAL INDEMNITY COMPANY TRAVELERS INSURANCE COMPANY, PART OF THE TRAVELERS INSURANCE GROUP, AS SUCCESSOR TO UNITED STATES FIDELITY AND GUARANTY COMPANY ("USF&G"), OF DEFENSE FEES AND COSTS IN THE CASE OF STYLES, ET AL. V. CITY OF MIAMI, ET AL., CASE NO. 17-022967, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. ENACTMENT NUMBER: R-19-0327 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.], please see "End of Consent Agenda. " CA.2 RESOLUTION 6260 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND Human Services EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE OVERTOWN YOUTH CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("OYC"), AND THE CITY OF MIAMI ("CITY") FOR THE ALLOCATION OF GRANT FUNDS FROM THE CITY'S DEPARTMENT OF HUMAN SERVICES, NON -DEPARTMENTAL ACCOUNT, IN A TOTAL NOT TO EXCEED AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00) FOR THE OYC'S PROVISION OF SUPPORT AND RECRUITMENT STRATEGIES FOR THE "MANY WOMEN STRONG INITIATIVE" AND EFFORTS TOWARDS INCREASING WOMEN'S AWARENESS OF EMERGENCY MEDICAL TECHNICIAN/FIREFIGHTER CAREERS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, MODIFICATIONS, AND AMENDMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID ALLOCATION. ENACTMENT NUMBER: R-19-0328 Citv, ofMiami Page 76 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.2, please see "End of Consent Agenda. " CA.3 RESOLUTION 6248 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE "2019-2020 Police PROJECT TITLED VICTIMS OF CRIME ACT ("VOCA") GRANT," CONSISTING OF AN ANTICIPATED GRANT AWARD FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES, IN AN APPROXIMATE AMOUNT OF $547,285.00, INCLUDING OPERATIONAL EXPENSES AND TRAINING COSTS, WITH MATCHING FUNDS IN AN APPROXIMATE AMOUNT OF $136,821.39, TO FUND EIGHT (8) FULL-TIME POSITIONS; ALLOCATING FUNDS FROM MIAMI POLICE DEPARTMENT OPERATING BUDGET, ACCOUNT CODE NO. 00001.191002.5XXXXX; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT, UPON RECEIPT OF THE AWARD, ALLOWING FOR ANY INCREASE OR DECREASE IN GRANT FUNDING; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE ACCEPTANCE OF THIS GRANT AWARD. ENACTMENT NUMBER: R-19-0329 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.3, please see "End of Consent Agenda. " Citv ofMiami Page 77 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 CAA RESOLUTION 6287 A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING Department of THE BID RECEIVED ON JUNE 19, 2019, PURSUANT TO Police INVITATION FOR BID ("IFB") NO. 1083381, FOR ESTABLISHMENT OF A CONTRACT FOR THE PROVISION OF POLICE RADARS AND LASER EQUIPMENT REPAIR SERVICES, ON AN AS NEEDED BASIS, AND FOR THE RE -CERTIFICATION OF THE EQUIPMENT EVERY SIX (6) MONTHS, FROM THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, ENFORCEMENT ELECTRONICS SERVICE, INC., A FLORIDA PROFIT CORPORATION ("ENFORCEMENT ELECTRONICS"), FOR THE CITY OF MIAMI ("CITY") POLICE DEPARTMENT ("POLICE"), FOR AN INITIAL TERM OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM POLICE GENERAL FUND ACCOUNT NO. 00001.190101.546000.0000.00000, AND OTHER FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL PRIOR ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL, AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, AND IN COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0330 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.4, please see "End of Consent Agenda. " CA.5 RESOLUTION 6288 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY Resilience and MANAGER TO ACCEPT FIFTEEN (15) RIGHT-OF-WAY DEEDS OF Public Works DEDICATION, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN COPIES OF SAID DEEDS. ENACTMENT NUMBER: R-19-0331 This matter was ADOPTED on the Consent Agenda. Citv ofMiami Page 78 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Note for the Record. For minutes referencing Item CA. S, please see "End of Consent Agenda. " CA.6 RESOLUTION 6353 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, PERMITTING ENCROACHMENTS, PURSUANT Resilience and TO SECTION 55-14(B) OF THE CODE OF THE CITY OF MIAMI, Public Works FLORIDA, IN CERTAIN CITY OF MIAMI ("CITY") RIGHTS -OF -WAY IN FURTHERANCE OF THE FLORIDA DEPARTMENT OF TRANSPORTATION'S ("FDOT") IMPROVEMENTS TO STATE ROAD 836 AND I-395 FROM NORTHWEST 17 AVENUE TO BISCAYNE BAY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE CONVEYANCE OF VARIOUS EASEMENTS TO FDOT FOR SAID ENCROACHMENTS, IN THE AREAS SUBSTANTIALLY DEPICTED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FDOT FOR RIGHT-OF-WAY TRANSFERS OF PORTIONS OF NORTHWEST 1ST AVENUE AND NORTHWEST 13TH STREET BETWEEN THE CITY'S ROADWAY SYSTEM AND THE STATE HIGHWAY SYSTEM; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS TO ACCEPT FROM FDOT CERTAIN PROPERTY ABUTTING NORTHEAST 13 STREET FROM BISCAYNE BOULEVARD TO NORTHEAST 2ND AVENUE; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE PURPOSE OF THIS RESOLUTION. ENACTMENT NUMBER: R-19-0332 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.6, please see "End of Consent Agenda. " Citv ofMiami Page 79 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 CA.7 RESOLUTION 6237 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO Resilience and NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE Public Works CITY ATTORNEY, A MASTER UNDERLINE MAINTENANCE INTERLOCAL AGREEMENT ("INTERLOCAL AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI—DADE COUNTY ("COUNTY") FOR THE IMPROVEMENTS TO BE UNDERTAKEN BY THE COUNTY FOR THE UNDERLINE OPEN SPACE RECREATIONAL PROJECT ("UNDERLINE PROJECT IMPROVEMENTS") TO BE GENERALLY LOCATED ON THE CITY'S RIGHTS -OF -WAY AS DEPICTED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("TOTAL UNDERLINE PROJECT IMPROVEMENTS AREA WITHIN THE CITY'S RIGHTS - OF -WAY"); PROVIDED THAT THERE ARE NO COSTS TO THE CITY INVOLVED, FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ANY AND ALL SUPPLEMENTS AND AMENDMENTS TO THE INTERLOCAL AGREEMENT FOR THE TOTAL UNDERLINE PROJECT IMPROVEMENTS AREA WITHIN THE CITY'S RIGHTS -OF -WAY; FURTHER PROVIDING AND REQUIRING THAT ANY FUTURE PROPOSED COSTS TO THE CITY UNDER ANY SUPPLEMENT OR AMENDMENT TO THE INTERLOCAL AGREEMENT SHALL REQUIRE CITY COMMISSION APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0333 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes refereneing Item CA.7, please see "End of Consent Agenda. " Citv ofMiami Page 80 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 CA.8 RESOLUTION 6473 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset NEGOTIATE AND EXECUTE A SOVEREIGNTY SUBMERGED Management LANDS FEE WAIVED LEASE ("LEASE") AS A CONDITION PRECEDENT TO DEVELOPING THE WATSON ISLAND MOORING FIELD, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ("STATE"), FOR THE USE OF STATE-OWNED SUBMERGED LANDS ("SUBMERGED LANDS") LOCATED ADJACENT TO CITY -OWNED UPLAND PROPERTY AT OR ABOUT 1099 MACARTHUR CAUSEWAY ON WATSON ISLAND, MIAMI, FLORIDA ("UPLANDS") FOR A TERM ENDING JUNE 1, 2029; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE FUTURE LEASE RENEWALS, EXTENSIONS, AMENDMENTS AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDED THAT ANY SUCH FUTURE LEASE RENEWALS, EXTENSIONS, AMENDMENTS AND MODIFICATIONS DO NOT CONTAIN MATERIAL AMENDMENTS OR MODIFICATIONS TO THE TERMS AND CONDITIONS OF SAID LEASE, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE LEASE. ENACTMENT NUMBER: R-19-0334 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.8, please see "End of Consent Agenda" and "Public Comment Period for Regular Items. " CA.9 RESOLUTION 6352 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), PURSUANT TO SECTION 18-72 OF THE CODE and Mayor OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00) TO MEN OF IMPACT DEVELOPMENT CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION, IN SUPPORT OF ITS MEN OF IMPACT DEVELOPMENT CENTER PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0335 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.9, please see "End of Consent Agenda. " Citv ofMiami Page 81 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 CA.10 RESOLUTION 6399 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), PURSUANT TO SECTION 18-72 OF THE CODE and Mayor OF THE CITY OF MIAMI. FLORIDA, AS AMENDED, AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00) TO MIAMI BRIDGE YOUTH AND FAMILY SERVICES, INC., A FLORIDA NOT FOR PROFIT CORPORATION, IN SUPPORT OF ITS WRAP AROUND SERVICES PROGRAM FOR HOMELESS YOUTH; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0336 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.10, please see "End of Consent Agenda. " CA.11 RESOLUTION 6333 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING THE CO -DESIGNATION BY Commissioners THE FLORIDA LEGISLATURE, PURSUANT TO CHAPTER 2019- and Mayor 169, LAWS OF FLORIDA, DESIGNATING STATE ROAD 836/DOLPHIN EXPRESSWAY FROM NORTHWEST 12TH AVENUE TO NORTHWEST 27TH AVENUE, MIAMI, FLORIDA, AS "TROOPER BRADLEY S. GLASCOCK MEMORIAL HIGHWAY"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAY. ENACTMENT NUMBER: R-19-0337 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.11, please see "End of Consent Agenda. " Citv ofMiami Page 82 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 CA.12 RESOLUTION - Item Pulled from Consent 6441 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING THE CO -DESIGNATION BY Commissioners THE FLORIDA LEGISLATURE, PURSUANT TO CHAPTER 2019- and Mayor 169, LAWS OF FLORIDA, CO -DESIGNATING THAT PORTION OF NORTHWEST 37TH AVENUE FROM NORTHWEST 2ND STREET TO NORTHWEST 11TH STREET, MIAMI, FLORIDA AS "FLORENCE HECHT LANE"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX FOR SIGN INSTALLATION WITHIN THE NEWLY CO - DESIGNATED ROADWAY. ENACTMENT NUMBER: R-19-0340 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: Senator Book, good morning. Please take your conversations outside. Thank you. Thank you very much, everyone. Please bring order to the room; conversations outside. Good morning, Senator Book. I believe you wanted to address us on CA.12, road designation. Senator Lauren Book: Thank you so much, Chairman and members. I just wanted to thank Commissioner Reyes. Chair Russell: Just one moment; I'll bring some order. Please, conversations outside. Thank you very much. Thank you. Recognizing Senator Book. Good morning. Senator Book: Thank you so much, Chairman. I just want to take this opportunity to thank all of you for a road designation that we worked really hard on this past legislative session for a really important female in this City's history, Florence Hecht. All of the arts and history that we have in Florida is because of her philanthropy and great work. And so, I just want to thank all of you for the designation, and for Commissioner Reyes for sponsoring it. Thank you so much, Mr. Chair. Chair Russell: Thank you very much. Senator Book: Thank you. Chair Russell: Thank you for coming and for your advocacy on that issue. Would you like to move that item now, CA.12? Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: This is -- oh, I'm sorry. This is the designation of Florence Hecht Lane. I believe that's -- Commissioner Reyes: CA.12? City of Miami Page 83 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: -- Commissioner Reyes. Would you like to move that while Senator Book is here? Commissioner Reyes: Yes, sir. Commissioner Carollo: Second it. Chair Russell: It's been moved and seconded. Commissioner Reyes: I move it. I'm going to move -- Chair Russell: Is there any public comment on CA.12, the designation of Florence Hecht Lane? Anyone would like to speak on that issue? Good morning. Isadore Havenick: Good morning. Izzy Havenick. I just want to say "thank you" also. My grandmother would be very honored if she were here today to see this. So thank you, Commissioner Reyes, for everything, sir. Chair Russell: Thank you for your comments. Anyone else on public comment for the designation of the road? Seeing none, I'll close public comment. All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much, Senator. Thank you, Commissioner. Reyes. 2 o'clock. So we are right at the lunch break now. We're three minutes shy of the lunch break. Our next step is public comment for the entire agenda, which we have yet to address. At 2 p.m. we have a time certain on the discussion item, DI.1, for the Melreese issue, and then yours, yes. So we -- yes. We actually --and I very much sincerely apologize. Who here is here for public comment on the regular agenda for today? Yeah. We honestly have exactly time enough for one person -- Vice Chair Gort: Let's give him 10 minutes. Chair Russell: -- before the lunch break. You guys want to go into lunch 10 minutes, because we are -- Vice Chair Gort: Yeah. Chair Russell: -- coming back at 2. Mariella Lopez de Albear: I could be that one person. Chair Russell: You already spoke. Ms. Lopez de Albear: I'll make it quick. Chair Russell: We have to do public comment even on the consent agenda. Commissioner Carollo: How's the noise issue in your area? Ms. Lopez de Albear: Hi. Mariella Lopez -- Chair Russell: Thank you. Just a moment; we haven't opened public comment yet. City of Miami Page 84 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Ms. Lopez de Albear: Oh. Chair Russell: I just wanted to -- Commissioner Reyes: (UNINTELLIGIBLE). Ms. Lopez de Albear: You guys want to go to lunch. Chair Russell: Gentlemen, would you like to move into the lunch hour, at all, to take public comment -- Commissioner Carollo: Yes. Chair Russell: --for those who are here? Commissioner Carollo: It's -- Chair Russell: Or do you want to break? Commissioner Reyes: I have a -- Commissioner Carollo: We only got -- Commissioner Reyes: -- CRA (Community Redevelopment Agency) meeting. Commissioner Carollo: Yeah. Chair Russell: We do have a CRA meeting, as well, at noon. That'll go pretty quickly, I think. Commissioner Hardemon: Who's all here for public comment? Chair Russell: I'm sorry? Commissioner Hardemon: Who's all here for public comment? Chair Russell: There's about a dozen people here for public comment. Commissioner Hardemon: I mean, it's not -- if it's not necessary, I mean, I think that's the respectful thing to do, is (UNINTELLIGIBLE). Chair Russell: I'd like to hear the public comment, as well, since they've come, and make them not wait another two hours. Commissioner Hardemon: Right. Chair Russell: So -- Commissioner Hardemon: I'm always for hearing the public comment before we break. City of Miami Page 85 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 CA.13 RESOLUTION 6394 A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING FUNDS FROM THE DISTRICT 4 DISCRETIONARY ACCOUNT IN Commissioners THE AMOUNT OF ONE THOUSAND DOLLARS ($1,000.00) TO and Mayor THE AMERICAN CANCER SOCIETY, A FEDERAL NON-PROFIT ORGANIZATION AND A STATE OF FLORIDA NOT -FOR -PROFIT CORPORATION ("ACS"), IN SUPPORT OF ACS' MAKING STRIDES AGAINST BREAST CANCER CAMPAIGN. ENACTMENT NUMBER: R-19-0338 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.13, please see "End of Consent Agenda" and "Public Comment Period for Regular Items. " CA.14 RESOLUTION 6434 A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING FUNDS FROM THE DISTRICT 4 DISCRETIONARY ACCOUNT, IN Commissioners THE AMOUNT OF ONE THOUSAND DOLLARS ($1,000.00), TO and Mayor THE MUSCULAR DYSTROPHY ASSOCIATION, A FEDERAL NOT FOR PROFIT AND STATE OF FLORIDA NON-PROFIT ORGANIZATION, IN SUPPORT OF ITS LOCAL FILL THE BOOT DRIVE WITHIN THE CITY OF MIAMI. ENACTMENT NUMBER: R-19-0339 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.14, please see "End of Consent Agenda" and "Public Comment Period for Regular Items. " CA.15 RESOLUTION - Item Pulled from Consent 6472 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners EXPRESSING SUPPORT FOR THE CUP FUTSAL ALL STAR and Mayor GAMES ON SEPTEMBER 23-24, 2019 AT MARLINS PARK AND DIRECTING THE CITY CLERK TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Chair Russell: And gentlemen, if we could just get one small piece of business done this morning, I'd like to pass the CA (consent agenda) agenda, as well as the minutes of the June 13 meeting. Citv ofMiami Page 86 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Carollo: I'll make a motion for the minutes of the June 13 meeting. Victoria Mendez (City Attorney): Was - Commissioner Reyes: I'll second. Ms. Mendez: I just wanted to confirm, is CA. 15 withdrawn, or will you do that --? Chair Russell: C -- Oh, yes. Thank you very much. I need a motion to withdraw CA.15, support of the -- Commissioner Carollo: Moved. Chair Russell: -- Futsal Games, as it -- Commissioner Carollo: Moved. Chair Russell: -- has been cancelled. It's been moved; seconded by the Chair. Any discussion? Commissioner Reyes: No. Chair Russell: All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: CA.1 S is withdrawn. City of Miami Page 87 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 CA.16 RESOLUTION - Item Pulled from Consent 6478 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Commissioners THE CITY MANAGER TO PROHIBIT CITY OF MIAMI POLICE and Mayor DEPARTMENT ("MPD") POLICE OFFICERS FROM WORKING ESTABLISHMENTS THAT HOLD A 4COP OR A 4COP SRX/SFS LICENSE, OR THIRD -PARTY ENTITIES RETAINED BY THE ESTABLISHMENT, ANY SUBCONTRACTORS, OR ANY OTHER ENTITY WORKING DIRECTLY OR INDIRECTLY ON BEHALF OF OR AT THE DIRECTION OF THE ESTABLISHMENT, BECAUSE THE CONDUCT OF THE OFFICERS, EMPLOYEES, EMPLOYERS OR CLIENTELE OF THE ESTABLISHMENT DETRACTS FROM MPD'S PROFESSIONAL STATURE; FURTHER DIRECTING THE CITY MANAGER TO ENSURE THAT MPD OBSERVE AND ENFORCE ALL OF ITS DEPARTMENTAL ORDERS, REFLECTING THE SAME, SO THAT MPD COMPLIES WITH ITS MISSION, VISION, AND CORE VALUES. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item CA.] 6, please see "Order of the Day" and "Public Comment Period for Regular Items. " CA.17 RESOLUTION - item Pulled from Consent 6479 A RESOLUTION OF THE MIAMI CITY COMMISSION REGARDING Commissioners THE CONFUCIUS INSTITUTE. and Mayor MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item CA.]7, please see "Order of the Day." END OF CONSENT AGENDA Chair Russell: And for the remainder of the CA (consent agenda) agenda, is there a motion to pass the remainder of the CA agenda, which ivould include CAs.1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13 and 14? Vice Chair Gort: Move it. Commissioner Reyes: Second. Citv ofMiami Page 88 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: It's been moved. Commissioner Carollo: Second. Chair Russell: Seconded by Commissioner Carollo. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? CA agenda passes. Commissioner Carollo: Mr. Chairman? Chair Russell: Yes, sir. Commissioner Carollo: We're almost at I o'clock; getting pretty close to it, and some of us had some plans that -- before we would get back. Chair Russell: Yes, sir. Commissioner Carollo: At the same time, I want to be very clear, we've stayed over to hear people, which we have. I want to have clear ground rules for public speaking in the afternoon. I don't want to be here another two hours in the afternoon. Chair Russell: The public comment for the morning's agenda will be completely closed this afternoon. The only thing remaining will be the public comment period for the Planning & Zoning agenda, which is just one item at this -- will be one item, and the budget. Commissioner Carollo: Okay. That's exactly what I want to hear, what the ground rules are, and those are appropriate. Chair Russell: Thank you. City of Miami Page 89 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 PH - PUBLIC HEARINGS PHA RESOLUTION 6301 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset EXECUTE A GRANT OF EASEMENT, IN A FORM ACCEPTABLE Management TO THE CITY ATTORNEY, TO THE FLORIDA POWER & LIGHT COMPANY, A FLORIDA PROFIT CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE OVERHEAD AND UNDERGROUND EASEMENT ("EASEMENT") OF AN APPROXIMATELY TEN FOOT (10') WIDE AREA TOTALING ONE THOUSAND NINE HUNDRED EIGHTY ONE (1,981) SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE EASEMENT ("EASEMENT AREA"), FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF ELECTRIC UTILITY FACILITIES IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT AREA; FURTHER CONTAINING A REVERTER PROVISION SHOULD THE EASEMENT BE ABANDONED OR DISCONTINUED. ENACTMENT NUMBER: R-19-0341 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: Can I get a motion on the PH (public hearing) agenda, which is -- there are a few -- a couple of four -fifths items, but PH 1 through 11, none of which have been deferred or withdrawn -- before we break for lunch, please, and the CRA (Community Redevelopment Agency) meeting? Commissioner Carollo: Hold on. PH (UNINTELLIGIBLE) -- Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: PH 1 through IL Vice Chair Gort: This is the one allocating a lot of the funds? Chair Russell: Yes. This is see CDBG (Community Development Block Grant) -- Vice Chair Gort: Right. Commissioner Reyes: Allocating funds; that's the only thing that would happen, right? Chair Russell: Correct. There's a few items here; mostly CDBG items. City of Miami Page 90 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Reyes: Yeah. Chair Russell: Your item on PH.10, I would like to co-sponsor, Commissioner Gort, with regard to Rebuilding Together. Commissioner Carollo: So moved. Chair Russell: And so, PH.] through 11 have been moved by Commissioner Carollo. Todd B. Hannon (City Clerk): And Mayor Suarez -- Commissioner Reyes: Second. Mr. Hannon: -- would also like to co-sponsor PH.10. Chair Russell: Okay. Commissioner Reyes: Second. Chair Russell: And seconded by Commissioner Reyes. Is there any further discussions on PH.1 through 11 ? Hearing none, all in favor, say "aye. if The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. Why don't we at this point break? Commissioner Reyes: Nope. Chair Russell: Uh-oh. Commissioner Reyes: Nope. Chair Russell: What do you got? Commissioner Reyes: I have Midtown CRA. Commissioner Reyes: Oh, yes. We got to break the -- we have to break the -- Commissioner Reyes: Oh, well, break this one, and then (UNINTELLIGIBLE) Later... Chair Russell: All right, we're going get some business done before the budget meeting, please. I'd like to bring your attention to the RE (resolution) agenda. RE.1 is our legislative priorities. Commissioner Hardemon: Before we move on to the RE agenda, I just want to say -- Chair Russell: Commissioner Hardemon. Commissioner Hardemon: Thank you. Commissioner Carollo: Can we take a five-minute break -- Commissioner Hardemon: I -- City of Miami Page 91 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Carollo: -- quickly? Chair Russell: We're about to -- we're going to take a break just before the budget meeting, if that works? Commissioner Carollo: Yeah. Just five minutes. Chair Russell: Even now? Commissioner Carollo: Yeah. Chair Russell: You need five minutes? Commissioner Carollo: Just five minutes. We're good. Chair Russell: Then I don't think we're going to make it to any business before the budget if we take a break now. I'd like to power through, if we can. Are there any items in the RE that you want to deal with that --? Commissioner Carollo: I don't know. And I got to do something that none of you could do for me. Chair Russell: All right. Let me just hear what Commissioner Hardemon's working on, and then we'll -- Commissioner Hardemon: Right. Thank you. Just really quickly, I see that a lot of the supporters for Curley's House is here, so I want to say hello to the supporters from Curley's House. You should know that earlier today, on the Commission agenda, we approved a budget for -- a contribution grant for about $48,000 for Curley's House. So I don't know if you're here -- (Applause) Chair Russell: All right, all right. Commissioner Hardemon: So I know you came in a little late, but I wanted you to be informed of that, so you wouldn't be sitting around in the dark about it, also. Congratulations on that. The next project we go into is our budget meeting. It's a bit different. It doesn't really involve the entities as we just spoke of the way that we did and -- but you should (UNINTELLIGIBLE) -- Vice Chair Gort: We give a donation also every year. Commissioner Hardemon: Exactly, every year. I mean, we do the same thing every year, as well as Lotus House. I see our representative from Lotus House here. We received some money today for Lotus House, so thank you so much for coming today. That's all. Chair Russell: All right. Thank you. So I'd like to bring as many things as I can before the budget meeting. RE.1 is our legislative priorities. Is there a motion on RE 1 ? Vice Chair Gort: I'll make the motion for discussion. Commissioner Reyes: Hold on a sec -- Mr. Chair -- City of Miami Page 92 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Yes. Commissioner Reyes: -- I want to join Commissioner Hardemon, and I also want to make a contribution. I'm going to match it. Commissioner Hardemon: Ooo. Chair Russell: Okay. Commissioner Reyes: I'm going to match your contribution. Commissioner Hardemon: Ooo-whoo. Chair Russell: Which contribution (UNINTELLIGIBLE)? Commissioner Hardemon: No, no, no, no. He said -- so you're going to give $47, 000? Commissioner Reyes: No, $5,000. I saw -- you have another $5,000 (UNINTELLIGIBLE). Commissioner Hardemon: Add another $5, 000 for -- Commissioner Reyes: Okay? Chair Russell: If it's an amendment to an earlier item? Or is this a pocket --? I just want to -- Commissioner Hardemon: We'll work it out. We'll work it out. We understand what he's saying. Commissioner Reyes: Well, we'll work it, we'll work it, but you can come with the monies. Chair Russell: It's an amendment, but not a motion. We can keep going. Commissioner Reyes: You can come with some pennies from my office. Commissioner Hardemon: Okay. Chair Russell: Gentlemen, time is ticking. City of Miami Page 93 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 PH.2 RESOLUTION 6062 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF Housing and PROGRAM YEAR 2019-2020 COMMUNITY DEVELOPMENT Community BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF Development $3,103,301.10 IN THE ECONOMIC DEVELOPMENT CATEGORY TO THE AGENCIES AND/OR DEPARTMENTS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0342 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PH.2, please see Item PH.]. PH.3 RESOLUTION 6063 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION FOR Housing and PROGRAM YEAR 2019-2020 COMMUNITY DEVELOPMENT Community BLOCK GRANT ("CDBG") FUNDS, IN THE AMOUNT OF Development $808,454.10 AND IN THE AMOUNT OF $123,002.78 FROM PREVIOUS YEAR PROGRAM INCOME, FOR A TOTAL AMOUNT OF $931,456.88 IN THE PUBLIC SERVICE CATEGORY, TO THE AGENCIES SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES BEGINNING OCTOBER 1, 2019; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0343 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PH.3, please see "Public Comment Period for Regular Items" and Item PH.]. Citv ofMiami Page 94 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 PHA RESOLUTION 6282 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE EXTENSION OF TIME FOR THE 2016-2017 Housing and COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC FACILITY Community AND IMPROVEMENTS AGREEMENT ("AGREEMENT") BETWEEN Development THE CITY OF MIAMI AND MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION ("MLK") FOR EIGHTEEN (18) ADDITIONAL MONTHS FROM JUNE 30, 2019 TO DECEMBER 30, 2020; AUTHORIZING THE CITY MANAGER TO FURTHER EXTEND THE AGREEMENT, IF NECESSARY, WITHOUT FURTHER CITY COMMISSION APPROVAL IN ORDER TO ACCOMPLISH THE PURPOSES STATED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, MODIFICATIONS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS TO COMPLETE THE ECONOMIC DEVELOPMENT ACTIVITIES. ENACTMENT NUMBER: R-19-0344 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PH.4, please see Item PH.]. PH.5 RESOLUTION 6285 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE Housing and VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, Community APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, "B," Development ATTACHED AND INCORPORATED AS EXHIBIT THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI 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 FUNDS IN THE AMOUNT OF $743,000.00 TO THE AGENCIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES FOR PROGRAM YEAR 2019-2020; ALLOCATING FUNDS FROM THE SOCIAL SERVICE GAP PROGRAM FUNDS, ACCOUNT NO. 14010.910101.882000; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0345 Citv ofMiami Page 95 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PH.5, please see Item PH.]. PH.6 RESOLUTION 6286 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE ACCEPTANCE OF STATE HOUSING Housing and INITIATIVES PARTNERSHIP ("SHIP") FUNDS IN THE TOTAL AMOUNT OF $405,989.00 FOR FISCAL YEAR 2019-2020 FOR THE Community STRATEGIES UNDER THE CURRENT SHIP LOCAL HOUSING Development ASSISTANCE PLAN ("LHAP"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0346 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PH. 6, please see Item PH.]. PH.7 RESOLUTION 6323 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF Housing and PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK Community GRANT ("CDBG") FUNDS GENERATED FROM FEBRUARY 1, 2019 Development TO JUNE 30, 2019 IN THE AMOUNT OF $387,054.00 TO THE "A," CATEGORIES SPECIFIED IN EXHIBIT ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). ENACTMENT NUMBER: R-19-0347 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PH.7, please see Item PH.]. Citv, ofMiami Page 96 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 PH.8 RESOLUTION 6324 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF Housing and PROGRAM INCOME FROM HOME INVESTMENT PARTNERSHIP Community ("HOME") PROGRAM FUNDS GENERATED FROM FEBRUARY 1, Development 2019 TO JUNE 30, 2019 IN THE AMOUNT OF $325,480.82 TO THE "A," CATEGORIES SPECIFIED IN EXHIBIT ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). ENACTMENT NUMBER: R-19-0348 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PH.8, please see Item PH.]. PH.9 RESOLUTION 6423 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE and Mayor CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"), WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE ("API") IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-THREE THOUSAND, FOUR HUNDRED TWENTY DOLLARS ($173,420.00) TO SUNSHINE FOR ALL, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("SUNSHINE FOR ALL") IN SUPPORT OF ITS API SENIOR MEALS PROGRAM; FURTHER 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-19-0349 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PH.9, please see Item PH.]. Citv ofMiami Page 97 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 PH.10 RESOLUTION 6422 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE and Mayor CODE OF THE CITY OF MIAMI, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY'S OFFICE OF GRANTS ADMINISTRATION THAT REBUILDING TOGETHER MIAMI-DADE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("REBUILDING TOGETHER"), IS A SUFFICIENTLY QUALIFIED AND RESPECTED FIRM THAT HAS THE EXPERIENCE, KNOWLEDGE, AND EXPERTISE TO IMPLEMENT THE "SINGLE FAMILY CODE COMPLIANCE ELDERLY LOAN ASSISTANCE PILOT PROGRAM" ("PILOT PROGRAM") APPROVED BY THE CITY COMMISSION PURSUANT TO RESOLUTION NO. 19-0305 ADOPTED ON JULY 25, 2019; AUTHORIZING THE CITY MANAGER TO ALLOCATE AND APPROPRIATE FUNDS IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), INCLUSIVE OF FEES AND COST OF WORK TO CORRECT CODE VIOLATIONS, TO REBUILDING TOGETHER TO IMPLEMENT THE PILOT PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH REBUILDING TOGETHER FOR SAID PURPOSE FOR THE TERM OF THE PILOT PROGRAM. ENACTMENT NUMBER: R-19-0350 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Reeord: For minutes refereneing Item PH.10, please see Item PH.]. PHA 1 RESOLUTION 6471 A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER AN Commissioners ADVERTISED PUBLIC HEARING, CODESIGNATING THAT and Mayor PORTION OF SOUTHWEST 10TH STREET FROM SOUTHWEST 15TH AVENUE TO SOUTHWEST 19TH AVENUE, MIAMI, FLORIDA, AS "MIGUEL ALVAREZ GIMENO WAY"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-19-0351 Citv ofMiami Page 98 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PH. H, please see Item PH.]. END OF PUBLIC HEARINGS City of Miami Page 99 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 RE - RESOLUTIONS RE.1 RESOLUTION 6084 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City Manager's ATTACHMENT(S), URGING GOVERNOR RON DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT Office THE ISSUES ADOPTED AS THE LEGISLATIVE PRIORITIES FOR THE CITY OF MIAMI ("CITY") DURING THE 2020 LEGISLATIVE SESSION; FURTHER URGING THE FLORIDA CONGRESSIONAL DELEGATION TO SUPPORT THE ISSUES ADOPTED AS THE LEGISLATIVE PRIORITIES FOR THE CITY DURING THE 116TH AND 117TH SESSIONS OF THE UNITED STATES CONGRESS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-19-0368 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: Legislative priorities, Commissioner Gort is moving. Vice Chair Gort: I move it, butt want a discussion. Chair Russell: Yes. Just seconded by the Chair. Discussion, Commissioner -- Vice Chairman Gort. Vice Chair Gort: My understanding is that there's new poles that are going to be going out. My understanding, the legislation's working. They're allowed to place the poles wherever they want to, without getting any permits fi^om the City of Miami. That's going against the home rule, so. Nikolas Pascual (Senior Advisor): Right, and the Flo -- Nikolas Pascual, from the City Manager's Office. I've contacted the Florida League of Cities, and we're going to work together on that issue. Vice Chair Gort: Okay, but let's -- Mr. Pascual: (UNINTELLIGIBLE). Vice Chair Gort: -- make sure it's one of our priorities, though. Emilio T Gonzalez (City Manager): Sir -- Chair Russell: So -- Mr. Pascual: We can definitely add it as one of our priorities. City of Miami Page 100 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: -- I'd like to propose an amendment to the legislative items that includes the 5G issue, to work -- to have our group advocating on behalf of the City of Miami residents to give us strength in this situation with 5G. Mr. Pascual: Okay. Chair Russell: I've also drafted a resolution of this Commission to empower our City Attorney to join together with the League of Cities officially. If it's the will of this body, I have a draft for that resolution. Vice Chair Gort: Yes. Chair Russell: Mr. Manager. Mr. Gonzalez: Yes, sir. I've been meeting with Commissioner Higgins, whom, as you know, has really taken this as a project, and she recently sent me some design. Apparently, it's State preemptioned, but we have control over the design. The City of Miami Beach is apparently doing this as a stop -gap measure as we move forward, so we're going to analyze this very quickly, and hopefully get back to you. Chair Russell: Yes, design is one element of the issues -- Mr. Gonzalez: Yes, sir. Chair Russell: -- we have with the SG -- Mr. Gonzalez: But this is one that we could do right away. Chair Russell: Yes, and I implore you to do that. Whatever the best practice Miami Beach has figured out, let's take a look at that, but if the -- Barnaby? Mr. City Attorney? Barnaby Min (Deputy City Attorney): Yes, sir. Chair Russell: The draft resolution, I wanted to know if there was any timeliness of urgency to -- if we were to join with the League of Cities that we should bring that today? Mr. Min: There is not. Obviously, the sooner, the better, but I believe September 26 would be sufficient. Chair Russell: All right. If you could put my resolution, as it's not an emergency then -- Mr. Min: Yes, sir. Chair Russell: -- on the September 26 agenda. Vice Chair Gort: You got the future President of the League of Cities here. Commissioner Hardemon: That's true. Chair Russell: And that would be a resolution to join in with the League of Cities on the legal front -- Mr. Min: Yes, sir. City of Miami Page 101 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: -- with regard to 5G issue. Commissioner Gort, you -- I'm sorry. Commissioner Hardemon. Commissioner Hardemon: I --just a question to that. So I've been having some discussions about this issue, as well, and I'm trying to figure out if we can, in fact, create legislation -- if we can create any legislation that only -- not only looks into design, but placement. So, for instance, if -- like for in your downtown areas, and the areas where -- like in certain parts of my district, we have alleyways and things like that. Things --like areas that you could put them where they could be --they could serve the purpose, because obviously, we can't' stop it. They can be aesthetically pleasing, but then at the same time, we put them in places where they would not be in the way, if you will. Mr. Gonzalez: Nick can correct me. That -- I think that's a State preemption issue. They can put them wherever pretty much they want. We can dictate the design. We can work with them and say, "Hey, look, if you're going to put it here, maybe you'll move it over 20 feet so it's not" (UNINTELLIGIBLE). Commissioner Hardemon: That's what I'm saying. So if -- can you give me a copy of the legislation so I could read it for myself -- Mr. Pascual: Yes. Commissioner Hardemon: --first? Mr. Pascual: I can get that for you. Commissioner Hardemon: And -- because I think that will help me with how we understand it to be, because what I'm -- what I thought was that because we don't have any rules or regulations as to where they should go that the State just allow them to go where they are. We can't really hold them up. But if we have a plan about how we want to implement them, and we pass that plan, then maybe then they have to follow that plan that we've put into place. So whatever it is, time is of the essence. Mr. Pascual: Absolutely. Commissioner Hardemon: So if you can get that to me -- Mr. Pascual: I'll get you that legislation. Commissioner Hardemon: -- today, that'd be (UNINTELLIGIBLE). Mr. Pascual: (UNINTELLIGIBLE). Commissioner Hardemon: Yeah. Thank you. Chair Russell: Thank you. A motion and a second on the legislative priorities. Is there any further discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes, as amended. That's RE.]. City of Miami Page 102 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 RE.2 RESOLUTION 6043 MAY BE DEFERRED Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), ACCEPTING THE PROPOSAL Recreation RECEIVED OCTOBER 18, 2018, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 945385, FROM FRIENDS OF MIAMI TENNIS, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("FOMT"), FOR TENNIS CENTER PROGRAMMING AND OPERATIONS, FOR THE DEPARTMENT OF PARKS AND RECREATION ("PARKS"), FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED 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 EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item RE.2, please see "Order of the Day" and "Public Comment Period for Regular Items." Citv ofMiami Page 103 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 RE.3 RESOLUTION 6258 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Department of THE BIDS RECEIVED ON MARCH 4, 2019 PURSUANT TO Resilience and INVITATION FOR BID ("IFB") NO. 977382 FOR CITYWIDE CANAL Public Works CLEANING SERVICES FOR THE CITY OF MIAMI'S ("CITY") RESILIENCE AND PUBLIC WORKS DEPARTMENT ("PUBLIC WORKS") ON AN AS NEEDED BASIS FROM THE TWO (2) SOLE RESPONSIVE AND RESPONSIBLE BIDDERS, TEXAS AQUATIC HARVESTING, INC., A FLORIDA PROFIT CORPORATION, AS THE PRIMARY VENDOR, AND ADVENTURE ENVIRONMENTAL, INC., A FLORIDA PROFIT CORPORATION, AS THE SECONDARY VENDOR, FOR AN INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.208000.534000.0000.00000 AND SUCH OTHER FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND SUBJECT TO ALL PRIOR ALLOCATIONS, APPROPRIATIONS, BUDGETARY APPROVAL, AND COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, AND IN COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0369 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For additional minutes referencing Item RE.3, please see "Public Comment Period for Regular Items. " Chair Russell: RE.3, accepting the canal cleaning services; accepting the bid. Is there a motion for that? Commissioner Hardemon: There were some questions earlier about removing a local preference? Chair Russell: Local preference from the scoring system. We'd like some answers from that, please. Annie Perez: Good afternoon, Commissioners. Annie Perez, Director of Procurement. So we learned a lot of lessons with Hurricane Irma, and one of the Citv ofMiami Page 104 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 lessons that we learned was that we should have contracts in place that abide by FEMA (Federal Emergency Management Agency) requirements so that in the case of an emergency or a hurricane or a disaster, we will be able to get reimbursed. One of the FEMA requirements is we cannot apply local preference, and that's why we did it. Chair Russell: But it was stated on the record that the winning bidder actually would have complied with the local preference had we had it; is that true? Mr. Perez: I'd have to look into that. I don't know if they -- they're registered with Sun Biz as a local, but I don't believe they're -- I do not believe that they're a local firm with -- abiding by the definition of "local." Chair Russell: What is the definition of "a local firm"? Ms. Perez: They have to have an office. There's all these provisions in our Code for a local. Chair Russell: I'd like to hear from the -- Mike Hulon: We met those, Commissioner -- Chair Russell: Please, just a -- your name, please, and (UNINTELLIGIBLE). Mr. Hulon: I'm sorry. My name is Mike Hulon, Texas Aquatic Harvesting. I didn't mean to get -- push her out of the way; I'm sorry. And we have met those. We've got it all on file. Its on record. The number -- there's a number there, and the local business number is 7247074 to look it up, okay, that we are a local business, established business, and we have actually had an ojfce here, and hiring local employees since 2005, right here. Our main office is in Lake Wales, yes. We don't have anything in Texas. It's a name only; I apologize for that. We fight this all the time. But we have an office in Inverness Florida, we have an ojfce in Lake Wales, and we have an office here in Miami, but that we don't have anything in Texas; the money stays here. Okay? Chair Russell: Thank you. It was just a point of --more curiosity than anything -- Mr. Hulon: Sure. Chair Russell: -- as it was not part of the scoring system in order to maintain our compliance with FEMA regulation; correct? Commissioner Hardemon: It's -- who had the contract before this matter? Mr. Hulon: We've had the contract since 2005, yes, sir. Chair Russell: All right. Mr. Hulon: Let me say this, please, if you'll give me just a second? Chair Russell: Of course. Mr. Hulon: In 2004, when we had the hurricanes come through, you guys got all kinds of phone calls. I don't know if anyone was here at that time or not, but y'all called us, and we came down and we took care of the problems. The trees in the canals, the litter, everything in the canals, we got on it and we got it done for you. Subsequently, we have been applying for the renewal every time it's come up, and City of Miami Page 105 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 we've been fortunate enough to win it, and you have not ever given us a black mark for anything. So everything that I know from the Public's [sic] Works Department is that we've been above or at satisfactory levels ever since 2005, when we really got started. Chair Russell: Vice Chairman. Vice Chair Gort: I think the question was -- the attorney was here this morning; was talking about the firm that applied, but it was not affected. Ms. Perez: Yes. So during this process for the solicitation, we had a protest, because -- Vice Chair Gort: Right. Ms. Perez: -- we did award -- or make a recommendation to award, because this body is the one that awards. We made a recommendation for this firm. Texas Aquatic did protest, and in their protest -- we look at all protests obviously very carefully -- and we vetted it with the City Attorney's Office. And what had happened was that the vendor that we were recommending for award, they basically were not very up and up in the bid. They had said that they had never been convicted of any criminal activity, and they had. The person that was listed as the main person in the solicitation had various key positions in the firm, and that -- and they're -- also, they didn't have the experience. There were a lot of things that came out. Vice Chair Gort: Okay. Ms. Perez: So -- Vice Chair Gort: Thank you. Ms. Perez: -- that's why we rescinded the award recommendation and then awarded to the second. Vice Chair Gort: Thank you. Chair Russell: Thank you very much. Vice Chair Gort: I'm glad you explained that. Chair Russell: So for my part, and if I could, sir. I apologize; your name, again? Mr. Hulon: Mike. Chair Russell: Mike. Water quality issues in the City of Miami is one of the greatest problems that we face right now. Mr. Hulon: Yes, sir. Chair Russell: And volunteer cleanup groups that go out there on weekly basis and work to help us clean up our shoreline find hundreds and hundreds of pounds on a given weekend. I know it's an ongoing thing. I know a lot of the problems of the litter that gets into the bay isn't coming from boats, but rather, our own storm water system. I would like to --and I've studied your contract, I've studied the time frames. If this is exactly what we've been doing, I'd like to see a little better, if I'm honest. And I wanted to make sure and ask you -- and I asked for a briefing in my o ice -- I apologize; I wasn't able to attend yesterday -- to make sure that not only are you City of Miami Page 106 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 cleaning the surface waters adjacent to the canals and parks, et cetera, the upland as well, but the in between, which is where the litter gets caught, which is the riffraff, the mangroves. These are -- this is almost a natural filtering system, but it grabs everything. Mr. Hulon: Right. Chair Russell: Do you service that part, that no man's land in between? Mr. Hulon: The -- excuse me. Not in the mangroves, do we? I'm out of the Lake Wales office. This is the guy that's been coordinating right down here -- Chair Russell: Yeah. Mr. Hulon: -- to be honest with you. Chair Russell: So let me explain. In all -- the various canals that are listed in the contract, there's also many City parks that are listed in the contract. And some of those parks, like Kennedy Park, which is listed in the contract, is fronted on the -- at the water's edge by a mangrove hammock. And so, the contract states clearly, you'll clear the waterfront -- the water surface, you'll clear the upland, as well, and the in between, but it doesn't clearly state that you'll get into the mangroves to clean out the litter that is caught in between the waterfront and the upland. So I just wanted to clarify that that's part of the services that you offer. Antonio Canton: Yes. That is part of the services that we offer. The mangrove areas are very delicate in their habitat, and our personnel is trained to tiptoe inside these mangroves and pick out, hand by hand, all the trash, all the debris that accumulated there. We do that along the areas that are assigned in the contract scope. Now there are many other areas that are recently -- that have recently been included into the -- into this project, which are the parks: Legion Park, Morningside Park, Albert Pallet Park -- Chair Russell: Pallet Park, Kennedy. Yeah. Mr. Canton: -- Margaret Pace Park, and the Kennedy Park, and the orange grove that's by here. And we started doing that back in January of 2017, and for some reason or other, everything stopped, and it does accumulate a lot of debris from hurricanes. Chair Russell: Got it. So we should see a difference with this contract going into place. Mr. Canton: There will be a big difference noted, once we get back in there again to monitor (UNINTELLIGIBLE). Chair Russell: Thank you. Just for the record, your name, please, and the company. Mr. Canton: My name is Antonio Canton. Chair Russell: And you're with Texas? Mr. Canton: I am with Texas Aquatic, and I've been the Project Manager here in the City of Miami since 2005. Chair Russell: Thank you very much. City of Miami Page 107 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Hardemon: How do you clean the mangroves again? Mr. Hulon: Tippy toe. Mr. Canton: We tiptoe -- Commissioner Hardemon: You tiptoe. Mr. Canton: -- inside the mangroves, because the mangroves actually grow from seedlings that are dropped from the trees. And if you want to keep -- Chair Russell: Don't want to step on them. Mr. Canton: -- the mangroves growing, you can't destroy that, so you actually have to -- Commissioner Hardemon: Tiptoe. Mr. Canton: -- tiptoe through them. Chair Russell: Through the mangroves. It's a song. Mr. Canton: Plus, there's all kinds of arborists. There are all kinds of problems if you mess with a mangrove. Chair Russell: Thank you. Commissioner Hardemon: (UNINTELLIGIBLE). Chair Russell: I apologize. Did we have a motion on RE3? Okay. Is there a motion for RE 3? Commissioner Hardemon: Tiptoe. I'll move it. Chair Russell: Moved by Commissioner Hardemon; second by the Chair. Is there any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on RE.3. City of Miami Page 108 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 REA RESOLUTION 6299 A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING Department ofReai THE BID RECEIVED ON JULY 2, 2019, PURSUANT TO Estate and Asset INVITATION TO BID ("ITB") NO. 18-19-007-R, FROM KEARNS Management CONSTRUCTION COMPANY, A FLORIDA PROFIT CORPORATION ("KEARNS"), THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, AND THE SUBSEQUENT BEST AND FINAL OFFER FROM KEARNS PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), FOR THE PROVISION OF CONSTRUCTION SERVICES FOR THE BAYSIDE WHARF MIAMARINA- PIER 5 (NORTH SECTION) - PROJECT NO. B-70045 ("PROJECT"), IN THE AMOUNT OF TWO MILLION TWO HUNDRED EIGHTY FIVE THOUSAND TWO HUNDRED NINETY SIX DOLLARS ($2,285,296.00) FOR THE PROJECT'S SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER'S CONTINGENCY ALLOWANCE IN THE AMOUNT OF TWO HUNDRED TWENTY EIGHT THOUSAND FIVE HUNDRED TWENTY NINE DOLLARS AND SIXTY CENTS ($228,529.60), FOR A TOTAL NOT -TO -EXCEED CONTRACT AWARD AMOUNT OF TWO MILLION FIVE HUNDRED THIRTEEN THOUSAND EIGHT HUNDRED TWENTY FIVE DOLLARS AND SIXTY CENTS ($2,513,825.60); ALLOCATING FUNDS FROM THE CITY OF MIAMI ("CITY") DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT ("DREAM") PROJECT NO. B-70045; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH KEARNS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS ("AGREEMENT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVAL, AND COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, AND ANY AND ALL APPLICABLE REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0370 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: REA accepting the bid for Bayside Wharf Miamarina. Is there a motion on this item? Commissioner Hardemon: So moved. Citv ofMiami Page 109 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: It's been moved by Commissioner Hardemon; second by the Chair. Is there any further discussion on RE. 4? Hearing none, all in favor, say "aye. " Come on, guys, let's go. The Commission (Collectively): Aye. Chair Russell: Motion passes, RE. 4. RE.5 RESOLUTION 5757 MAY BE WITHDRAWN Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION and Mayor DIRECTING THE CITY MANAGER, CITY ATTORNEY, AND INDEPENDENT AUDITOR TO TAKE ANY AND ALL ACTIONS NECESSARY REGARDING ANY IMPROPER OCCUPANCY OR USE OF ANY CITY OF MIAMI OWNED PREMISES BY UNAUTHORIZED BUSINESS ENTITIES INCLUDING BUT NOT LIMITED TO THE MELREESE GOLF COURSE LOCATED AT 1802 NORTHWEST 37 AVENUE, MIAMI, FLORIDA. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item RE.5 was deferred to the October 24, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item RE. 5, please see "Order of the Day. " City of Miami Page 110 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 RE.6 RESOLUTION 5785 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING Commissioners RESOLUTION NO. 11-0298, ADOPTED ON JULY 14, 2011, THAT and Mayor STRONGLY OPPOSED ANY ACTIONS OR DISCUSSIONS BY MIAMI-DADE COUNTY RELATED TO THE FILLING OF THE FLORIDA EAST COAST RAILWAY DEEP WATER SLIP LOCATED IN BISCAYNE BAY ADJACENT TO THE AMERICAN AIRLINES ARENA; FURTHER DIRECTING THE CITY MANAGER TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN STATED OFFICIALS. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item RE. 6, please see "Order of the Day. " Citv ofMiami Page 111 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 RE.7 RESOLUTION 2525 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), ACCEPTING THE CITY MANAGER'S Estate and Asset RECOMMENDATION APPROVING THE FINDINGS OF THE Management SELECTION COMMITTEE THAT VIRGINIA KEY, LLC, ("PROPOSER") IS THE TOP RANKED PROPOSER FOR REQUEST FOR PROPOSALS NO. 16-17-011, LEASE OF CITY OF MIAMI-OWNED WATERFRONT PROPERTY FOR MARINAS/RESTAURANT/STORE USES LOCATED AT APPROXIMATELY 3301, 3605, 3501, 3311, & 3511 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA ("RFP"); AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE ("LEASE"), SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ATTORNEY AS TO FORM AND CORRECTNESS, FOR AN INITIAL TERM OF FORTY-FIVE (45) YEARS, WITH TWO FIFTEEN (15) YEAR RENEWAL TERMS AND PAYMENT OF A MINIMUM GUARANTEED ANNUAL RENT EQUAL TO TWO MILLION TWO HUNDRED THOUSAND DOLLARS ($2,200,000) INCREASED ANNUALLY BY THE GREATER OF 3% OR CPI ("BASE RENT"); TOTALING APPROXIMATELY TWO HUNDRED THREE MILLION NINE HUNDRED EIGHTY FOUR THOUSAND SIXTY DOLLARS ($203,984,060.00) OVER THE INITIAL TERM; SIX PERCENT (6%) OF GROSS REVENUES; APPROXIMATELY EIGHTY MILLION DOLLARS ($80,000,000.00) PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE MARINA IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING; FURTHER PROVIDING THAT THE EXECUTION OF THE LEASE IS SUBJECT TO THE APPROVAL OF A MAJORITY OF THE VOTES CAST BY THE ELECTORATE AT A REFERENDUM SPECIAL ELECTION; FURTHER CLARIFYING THAT SUCH AWARD OF THE RFP DOES NOT CONFER ANY CONTRACTUAL RIGHTS UPON PROPOSER UNTIL SAID FAVORABLE REFERENDUM HAS OCCURRED AND A CONTRACT IS ENTERED INTO, AS REQUIRED BY THE CITY CHARTER. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item RE.7, please see "Order of the Day. " Citv ofMiami Page 112 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 RE.8 RESOLUTION 2526 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), MAKING PROVISIONS FORA REFERENDUM Estate and Asset SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE Management GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2019 FOR THE PURPOSES OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI ("CITY') FOR THEIR APPROVAL OR DISAPPROVAL OF THE FOLLOWING REFERENDUM BALLOT QUESTION: "SHALL THE CITY BE AUTHORIZED TO LEASE APPROXIMATELY 27.5 ACRES OF LAND ON VIRGINIA KEY TO VIRGINIA KEY, LLC FOR A 45-YEAR INITIAL TERM WITH TWO 15 YEAR RENEWALS; MINIMUM ANNUAL GUARANTEED RENT OF $2,200,000.00 (WITH ESCALATIONS) TOTALING APPROXIMATELY $203,984,060 OVER THE INITIAL TERM; 6% OF GROSS REVENUES; APPROXIMATELY $80,000,000.00 PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE MARINAS IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING?"; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; AUTHORIZING AND DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY PURSUANT TO APPLICABLE LAW. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item RE.8, please see "Order of the Day. " END OF RESOLUTIONS Citv ofMiami Page 113 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 6011 AN ORDINANCE OF THE MIAMI CITY COMMISSION RENAMING THE "MAYOR'S INTERNATIONAL COUNCIL" TO THE "MAYOR'S Office of the City COUNCIL ON GLOBAL COMPETITIVENESS" BY AMENDING Clerk CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY BY AMENDING SECTIONS 2-887(B) AND 2-892(4)(A)(1) TO CHANGE REFERENCES TO THE "MAYOR'S INTERNATIONAL COUNCIL" TO THE "MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS"; AMENDING CHAPTER 2/ARTICLE XI/DIVISION 3 OF THE CITY CODE, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/MAYOR'S INTERNATIONAL COUNCIL," TO CHANGE THE NAME OF THE "MAYOR'S INTERNATIONAL COUNCIL" TO THE "MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Carollo, Hardemon ABSENT: Gort, Reyes Note for the Record. Item SR.] was continued to the October 10, 2019, Regular Commission Meeting. Chair Russell: The next live item is SR.1, name change, Mayor's International Council. Is there a motion on that, please? It's been moved by Commissioner Mardemon; second by the Chair, SR.1. Is there any further discussion? Commissioner Carollo: Yes. Let me -- hold on for a second SR.1 ? Chair Russell: Renaming the Mayor's International Council. Commissioner Carollo: I'd like to defer this. Chair Russell: I'd kind of like to see its move it so they can get to work on what they're doing. Is there a particular --? Commissioner Carollo: Well, the name doesn't matter. I mean, they could work without having a name change. Chair Russell: What's the reason for the deferral, then? Commissioner Carollo: Deferral; that I want to explore it with a full Commission to see if we can expand this to include the Commission. I mean, I know that a lot of City of Miami Page 114 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 people enjoyed all these trips and all this stuff, but, you know, I haven't been invited to anything; not that I'd be willing to go. I've done my share of trips throughout the world, but I'd like to explore more how that runs, how we should handle it, so that it give me a little more insight. Chair Russell: That's fair enough. Commissioner Carollo: I might want to discuss about making it Commission Mayor's International Council. Chair Russell: Could we move on the name change, and then work on the makeup of the appointees, and then fees and functions? Commissioner Carollo: Well, I'm not sure if that will be the appropriate name change. If we go a different route, we might want to have a different name change altogether. So look, we're not stopping them from doing any kind of work because of a name change. So -- Chair Russell: Understood. Is that a motion for a deferral? Commissioner Carollo: Its a motion for deferral. Chair Russell: SR.1. Is there a second? Todd B. Hannon (City Clerk): I'm sorry; there's a motion and a second on the floor, so someone would need to remove their -- Chair Russell: What was the -- oh. What was the motion and second? It was on SR.1. Mr. Hannon: Correct. Commissioner Hardemon moved it; the second by the Chair. Chair Russell: Yes, correct. And I'm honestly willing to vote on that as is at this point, but I -- we have a body, so what would you like to do, Commissioner? Commissioner Hardemon: Yeah. I'll withdraw the motion. Chair Russell: Okay, motion withdrawn. And the sec -- I'm sorry. The motion's withdrawn, and therefore, you're making a new motion to defer. Commissioner Carollo: To defer this. Chair Russell: All right. Seconded by Hardemon? Commissioner Hardemon: That's fine. Chair Russell: All right. To what date, please? Next meeting? Commissioner Carollo: No, October. First meeting in October. Chair Russell: First meeting -- Commissioner Carollo: Next meeting, we got a lot of stuff with the second budget and everything else. Chair Russell: First meeting in October. All in favor, say "aye." City of Miami Page 115 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on deferral of SR.1. SR.2 ORDINANCE Second Reading 6154 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 2/ARTICLE XI/DIVISION 18 OF THE CODE OF THE Clerk CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/SEA LEVEL RISE COMMITTEE"; MORE PARTICULARLY BY CONSOLIDATING THE FUNCTIONS OF THE WATERFRONT ADVISORY BOARD AND THE SEA LEVEL RISE COMMITTEE INTO A NEWLY FORMED CLIMATE RESILIENCE COMMITTEE; FURTHER BY REPEALING, IN ITS ENTIRETY, CHAPTER 29/ARTICLE IV OF THE CITY CODE, TITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/WATERFRONT ADVISORY BOARD"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13857 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Carollo, Hardemon ABSENT: Gort, Reyes Note for the Record. For additional minutes referencing Item SR.2, please see "Public Comment Period for Regular Items. " Chair Russell: SR.2, consolidation of the Waterfront Advisory Board and the Sea Level Rise Committee. Is there a motion for that, please? Commissioner Carollo: There's a motion on that. Is that -- Chair Russell: Yes, and I'll second. Commissioner Carollo: -- separate than the --? Chair Russell: Yes. This is simply for the Sea Level Rise and the Waterfi^ont Advisory Board Committee to join. Commissioner Carollo: Okay. Are you in favor of that? Chair Russell: Yes, please. Commissioner Carollo: Okay. Chair Russell: Motion by Commissioner Carollo; seconded by the Chair. Any further discussion? All in favor; say "aye. " City of Miami Page 116 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Todd B. Hannon (City Clerk): Chair, the title. Chair Russell: Thank you. It's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Russell: All in favor; say "aye." The Commission (Collectively): Ave. Chair Russell: Any opposed? Motion passes, SR.2. SR.3 ORDINANCE Second Reading 6155 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, Clerk FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/BOARD, COMMITTEES, COMMISSIONS," TO REALIGN THE MIAMI COMMISSION ON THE STATUS OF WOMEN, THE PARKS AND RECREATION ADVISORY BOARD, THE CITY OF MIAMI BEAUTIFICATION COMMITTEE, THE EDUCATION ADVISORY BOARD, AND THE SENIOR CITIZENS' ADVISORY BOARD INTO THE QUALITY OF LIFE AND HUMAN RIGHTS COMMITTEE ("COMMITTEE"); MORE SPECIFICALLY BY ADDING DIVISION 6, SECTIONS 2-1011 TO 2-1019 TO CREATE THE COMMITTEE; REPEALING IN ITS ENTIRETY DIVISION 8, TITLED "MIAMI COMMISSION ON THE STATUS OF WOMEN;" REPEALING IN ITS ENTIRETY DIVISION 11, TITLED "PARKS AND RECREATION ADVISORY BOARD;" REPEALING IN ITS ENTIRETY DIVISION 13, TITLED "CITY OF MIAMI BEAUTIFICATION COMMITTEE;" REPEALING IN ITS ENTIRETY DIVISION 20, TITLED "EDUCATION ADVISORY BOARD;" REPEALING IN ITS ENTIRETY DIVISION 23, TITLED "SENIOR CITIZENS' ADVISORY BOARD;" CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item SR.3 was continued to the October 10, 2019, Regular Commission Meeting. Chair Russell: SR.3, consolidation of boards and committees. Is there a motion on SR.3? Commissioner Carollo: Does this one include the women's --? Chair Russell: It does. Citv ofMiami Page 117 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Carollo: This one is one that I would like to defer. Commissioner Higgins has some reservations that have been expressed, so I'd like to wait until we could speak to her about one particular board in here. Chair Russell: All right. How many boards does this involve, Mr. Clerk? Todd B. Hannon (City Clerk): Roughly six boards, sir. Chair Russell: And does -- those six would be consolidated into that one committee, correct? Mr. Hannon: Yes, sir. And if anything, it's empowering our single -subject boards, so they can look at the issues impacting the City from a more comprehensive and holistic manner. Commissioner Carollo: If we would take the women's board out, I'll vote on the rest, and then we could decide on that. Chair Russell: Mr. Clerk, is there a preference? Mr. Hannon: If that's the will of the body. It's my recommendation that it actually empowers that board. Right now they have a very limited scope. They have had quorum issues. And so, one of the reasons why the Commission on the Status of Women would be considered with these other boards is that these are outlets that they actually would benefit from when it comes to seniors, when it comes to parks, education, beautification, so there seemed to be a natural nexus to combine those boards from that standpoint. Chair Russell: Understood. Mr. Clerk, has the -- have the boards that are looking to be consolidated been informed of this change, and have they made -- have they given recommendation or made motions with regard to it? Mr. Hannon: This passed on first reading. There hasn't been any input provided to me, but if Commissioner Carollo has received some, I guess -- what? -- outreach from Commissioner Higgins, if we would like to defer this to, I guess, the first -- or continue this to October 10, we can certainly do so. But -- Chair Russell: All right. Mr. Hannon: -- one of the reasons -- and then, just so that the Commission knows, is that we have over 40 boards with over 400 board members. And so -- Commissioner Carollo: Look, I understand that, and I agree -- Mr. Hannon: Okay. Commissioner Carollo: -- we need to consolidate, but -- Mr. Hannon: Yes, sir. Commissioner Carollo: -- out of courtesy to our County Commissioner that represents a big chunk of our City, is the reason I wanted to take that particular board out of the rest of them. Mr. Hannon: Understood. And maybe as a compromise, the board could be named the Commission on the Status of Women and Quality of Life Committee so that -- you know, that still remains very prominent in the title and then part of their overall City of Miami Page 118 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 focus. What's exciting about this board is that they will -- it's an opportunity for them to create new bylaws and to really take a more innovative, and again, I think a more holistic approach to the issues that not just affect women, but just in general, the issues that the City is facing from a social standpoint. Chair Russell: Thank you. Is there a meeting of that Commission on the Status of Women between now and then, the preferred date? Mr. Hannon: They didn't reach quorum at their last meeting, but I'm sure that they'll probably have -- maybe -- if I can let them know that this has been continued to the October 10 meeting and for them to potentially meet so that they can provide some feedback. Chair Russell: And this is part of the problem; that many of these boards have become a bit inactive, so consolidating makes them a little ejficient, gives them more topic, subject matter to deal with, but your deferral date request is? Commissioner Carollo: First week of --first meeting in October. Chair Russell: First meeting in October. Commissioner Reyes: If I -- Mr. Hannon: Understood, sir. Commissioner Reyes: -- can make a comment? And also, Mr. City Clerk, I would like for you to clarify what the function of that board for the Status of Women. I don't want anybody to believe that that board will be abolished. Mr. Hannon: No, not at all, sir. Commissioner Reyes: That -- or that we are decreasing the importance. What I would like to see is an enhancement of the board, that they could be more effective and could participate more -- Chair Russell: Agreed. Commissioner Reyes: -- in the City -- I mean, city government or in the community. Have more resources to be more effective. Mr. Hannon: And you touched on a key word. They will not have more resources, because their scope will have been expanded now to be able to look at the issues impacting -- again, whether it's women or other issues, for that matter -- from the standpoint of being able to reach out to department directors, to potentially also assist the City with grants, now that they can start looking at the multitude of issues that are impacting the City. So again, right now they have a very limited scope, and Chair Russell: Thank you, Mr. Clerk. Mr. Hannon: -- my recommendation, because it expands. Commissioner Reyes: And also, the name is very important. Let it be clear that it's going to still be -- Chair Russell: We'll work on that. All right, there's a motion to defer by Commissioner Carollo to the first meeting in October. Is there a second? City of Miami Page 119 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Reyes: Yes. Chair Russell: Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on SR.3. SRA ORDINANCE Second Reading 6115 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 62/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/IN GENERAL," BY CREATING A NEW SECTION 62-2.1, TITLED "INDEPENDENT TRAFFIC AND ENVIRONMENTAL STUDIES," TO REQUIRE AN INDEPENDENT TRAFFIC STUDY AND AN INDEPENDENT ENVIRONMENTAL STUDY (COLLECTIVELY, "STUDIES") FOR CERTAIN NEW DEVELOPMENTS; CREATING A POOL OF PROVIDERS TO CONDUCT SAID STUDIES THAT ARE SELECTED ON A COMPETITIVE BASIS; AUTHORIZING THE CITY MANAGER TO SELECT QUALIFIED, INDEPENDENT PROVIDERS TO CONDUCT THE STUDIES FOR NEW DEVELOPMENTS; PROVIDING FOR COMPETITIVE PROCESSES; PROVIDING FOR A SELECTION PROCESS; PROVIDING THAT THE COST OF THE STUDIES BE BORNE BY THE APPLICANT REQUIRING SAID STUDIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13858 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Gort, Carollo, Reyes, Hardemon NAYS: Russell Chair Russell: SR.4, amending the Code for independent traffic and environmental studies. Is there a motion on SR.4? Commissioner Reyes: Move it. Commissioner Carollo: Second. Chair Russell: There's been a motion and a second. Open for discussion. I believe the Administration had an issue with this from -- respect to the pool of potentials -- potential bidders or vendors being dried up very quickly and not available by the way it's worded. Was there an amended made to cure that issue? City of Miami Page 120 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Nzeribe Ihekwaba: Good afternoon. Zerry Ihekwaba, Assistant City Manager. There has not been any amendment done. There's a recommendation of the sponsor of this item. Chair Russell: Okay. I had asked during my briefing for a recommendation of the Administration for an amendment that would cure this issue, because I don't -- I understand the intent of the legislation and I agree with it. I want to support Commissioner Reyes in this, but I don't want us to get in a situation where we're basically disqualifying our own vendors from helping us with our traffic and environmental issues. What would be the amendment that would cure this issue? Mr. Ihekwaba: We've already provided the text of the amendment to the (UNINTELLIGIBLE). Commissioner Reyes: No. You have not provided that tome. Chair Russell: I haven't seen it either, so. Mr. Ihekwaba: Well, it wasn't requested by your office. It was requested through Law Department. Commissioner Reyes: Okay. But we were -- I mean, we're the sponsors of this, and once again, you see, we learn about this through -- I mean, almost when we were coming through the Law Department, and really, we appreciate for the Administration if they have any problems with any of our reco -- I mean, any ordinance or whatever we want to establish, to talk to us, and as a matter of fact, we have spoken before that we will have -- we would pass this, and we will have over 90 days to determine how are we going to implement it and tweak it. You see? That is part of the ordinance. Ordinance says, you see, that it's going to be -- that we're going to have enough time to work with the Administration on implementation and anything -- any other type of considerations that you have, any type of problem, because I don't want to pass an ordinance that is going to limit us. Chair Russell: Yeah. Commissioner Reyes: Okay? And that's why we're giving time enough for you guys to work with us. Chair Russell: Commissioner Reyes, if you'd be open to a deferral on this item, I think the -- if you study the amendment, that could definitely bring a `yes" vote for me. Commissioner Reyes: No. I would like to pass it and --as it is, and then work with them on changing whatever it is, because we are open to -- Chair Russell: This is second reading, so if we move to pass it in its current state, I'll be a "no" vote without the amendment. That's why I'd like to give you the time to study the amendment and hopefully accept it into your legislation. Commissioner Reyes: Yes. You know, this was discussed -- and you were present -- that what we have to do -- I know that there was certain concern, particularly on the amount of experts. You see? And we said, "Okay, yes. We're going to have a pool of experts, and from that pool, it's going to be drawn, okay? But implementation -- I also met with people from the industry, that they had their questions about it, and we are going to keep on meeting with them and working with them in order to modify it, if it's required, and be in the same page on implementation and the sources that we City of Miami Page 121 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 are going to derive from. But I don't appreciate, Mr. Zerry, that you present -- I mean, an amendment, and I know about the amendment 20 minutes before -- Chair Russell: It's my request, Commissioner. In my briefing, in my questions regarding the legislation -- Commissioner Reyes: You see (UNINTELLIGIBLE) -- Chair Russell: (UNINTELLIGIBLE). Commissioner Reyes: -- because this could have been argued -- I mean, discussed, and this could have been clarified. Chair Russell: Let's work on it. We can get through this today, potentially. Commissioner Reyes: That's right. Chair Russell: So you have a motion? Commissioner Reyes: A motion to pass this. Chair Russell: A motion and a -- I believe it's already been moved and second, correct? Commissioner Carollo: Yeah, it's already second. Chair Russell: All right. So -- Commissioner Reyes: And with the proviso -- Chair Russell: Yes. Commissioner Reyes: -- that we are going to have 90 days -- you see? -- and they have to come back, okay. No. It's 180 days. We increased it. It's 180 days to work and get together and bring an implementation assistant, and all the policies, how it's going to work. Chair Russell: What happens at the end of the 180 days? Commissioner Reyes: Huh? Chair Russell: What happens at the end of the 180 days? Commissioner Reyes: What happen, if we haven't agree, we give an extension. That's it. Chair Russell: Okay. Commissioner Reyes: Until we do it. Barnaby Min (Deputy City Attorney): The way the legislation is drafted -- and I believe this was the compromise that the Administration and this sponsor had -- is that the ordinance does not become effective until 180 days after its adoption. So during that six-month period, if the Administration discovers that the concerns that they have are valid, they will re -approach the sponsor to propose another amendment to bring back to the Commission within that 180 days. City of Miami Page 122 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: All right. Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: But we've already identified the potential problem, so why don't we implement -- Commissioner Reyes: When you bring it to me -- Chair Russell: Is your mike on, sir? Commissioner Reyes: Huh? Chair Russell: Is your mike on? Commissioner Reyes: Oh, no. No, no. Chair Russell: Thank you. Commissioner Reyes: I mean, there is no problem here passing this, and then modifying it for implementation, but I want to get this passed. Okay? Chair Russell: I would like to bring a friendly amendment which would cure this issue of drying up the vendor pool in the legislation as its written now, because I believe they already have identified the potential problem, and we could fix that in this moment. In that way, as it starts going forward, we won't have that problem, which we've already identified. Can you help me with the wording of the amendment that would cure that issue? Mr. Ihekwaba: I've already given it to Law Department, sir. Mr. Min: I believe the proposed language would be to amend the last sentence of the legislation, to add the words -- and I'll read the whole sentence, but to add the words, "In a similar nature or scope of work. " So it now read, `Any provider that has participated within the preceding year and an application in a similar nature or scope of work for any development for an applicant or is currently working for an applicant on any application in a similar nature or scope of work is hereby prohibited from participating in the pool" (UNINTELLIGIBLE) `providers conducting a statement" -- sorry. Commissioner Reyes: You see -- Chair Russell: That's -- Commissioner Reyes: That's going to -- I mean -- Listen, we can work that out. We have 180 days to work. And as a matter of fact, I want to keep on working with the industry and with Administration on how are we going to implement it, and how are we going to cure any new problems that we have. Chair Russell: Right. Commissioner Reyes: So that is -- it's 180 days. Chair Russell: So there's a friendly amendment,- just a couple words (UNINTELLIGIBLE). Commissioner Reyes: Which (UNINTELLIGIBLE)? City of Miami Page 123 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: So it's just changing the last sentence to read, with regard to similar scope of work. Go ahead, Barnaby, with the exact wording, please. FAIP iFFil'='L0 Commissioner Reyes: Define "similar scope of work. " You see, remember, I'm not an attorney. Chair Russell: You have 180 days to work that out. Commissioner Reyes: Okay. I am not an attorney. I see things in a different perspective as you do. So you didn't come and explain that to me, the way it is. Why -- what is the problem with passing it and having 180 days? I mean, I am not inflexible on this, you see? Why is it? Mr. Min: I'll defer to the Administration, who's requesting the change. Mr. Ihekwaba: If I may, Zerry Ihekwaba. The way the language of the ordinance is written today is very vague. It means, if you're a consultant and you've done work for a developer --for example, you've done architectural services -- this ordinance, as presently written, prohibits you from doing traffic studies. If you've done electrical engineering -- Commissioner Reyes: Doesn't say that. Mr. Ihekwaba: -- you couldn't do environmental. So what we are suggesting and recommending is to make it consistent. If you've done elec -- if you've done environmental studies or traffic studies, then you're prohibited from rendering those services; not to have the developer to change lightbulb. Chair Russell: It just puts them in (UNINTELLIGIBLE). Mr. Ihekwaba: -- they wouldn't be able to do (UNINTELLIGIBLE). Commissioner Reyes: No, no, you got it all -- sir, you got it all wrong. It is -- this is the same -- the only thing that it's saying, if I'm working for you, that you're a contractor, you already contracted me. I'm doing a traffic study for you; that you need another traffic study that you're going to contract me again. Mr. Ihekwaba: That's not what is written. Commissioner Reyes: Okay. That's -- Well, that's what we're trying to do. I mean, that's what it says here. So what we are do -- trying to do is -- and the reason for it, and I explained it a hundred times -- I haven't seen a traffic study that creates traffic. Everything that -- everything is going to be fine. What I want to do is to have the methodology to really, really, really -- that would really inform us what will be the effect of any development in the traffic of the City of Miami. That's the -- that's all it is. Mr. Ihekwaba: Commissioner, with all due respect, I think you and I are speaking the same language. The current version of the ordinance doesn't reflect that. Chair Russell: Yeah. The spirit of what you're trying to accomplish -- Mr.Ihekwaba: Yeah. City of Miami Page 124 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: -- is exactly what we'd like. Mr. Ihekwaba: Yeah, but that's not what is written. Chair Russell: But the way it's worded, it'll dry up the pool. And this is a very simple cleanup that will at least put them into different buckets, so you won't disqualify one from a different bucket. Commissioner Reyes: Yeah, but I keep on going on this, you see, and just -- it's the principle of it, also. You see, I got an amendment at 20 minutes before this is going to come -- be voted. I mean, just like that. And we haven't -- I mean, we haven't had time to analyze it. And I'm -- this ordinance will have over 180 days to include or take out anything that we can think that will be detrimental to the traffic studies, you see? So the only thing that I'm asking, let's pass it and let's work on it. Chair Russell: This is second reading. I brought this up on first reading, as well. The amendment has been brought now on second reading as a friendly amendment. Without it, I consider the legislation to be carelessly written so that it actually gives detriment. Commissioner Reyes: What is your friendly amendment? Chair Russell: My friendly amendment is that we change the last sentence so that we bucket the different types of vendors, so they only disqualify themselves from the same buckets so that the electrical versus the environmental doesn't disqualify each other, because the way it's written right now, the way it's written right now, we don't have an unintended consequence of disqualifying people you don't want to disqualify. Commissioner Reyes: But we have to analyze is there is still a conflict with them, you see? I mean, how do we -- that's why the 100 -- Chair Russell: The -- Commissioner Reyes: -- the 180 days. How do we determine if there is -- what mechanism that we're going to place that there is no conflict? You see, that is what I -- we want to work not only with the Administration; also working with the industry - -you see? -- to make it much better. Chair Russell: Right. I understand your intention, and I think their amendment cleans it up perfectly and accomplishes what you're trying to do. It doesn't change the spirit of what you're trying to do at all; just cleans it up a little bit. If I'm mistaken, I'm mistaken, but I'm not voting on it the way it is. I'd like to see that amendment, and it's a really small one. It's a really small one. So if you're open to that amendment, I'm a 'yes " vote and we go. Commissioner Reyes: Sir, you know, I don't want to sound unflexible [sic], but it really irks me that, you see, we're treated like that; that why don't we get, if you are - - you want to change it. You don't like anything that we are proposing. Why don't you come sit with us and say, "Listen" -- because that is the job of the Administration. The job of the Administration is not your job. The job of the Administration, just as they came and they said, "Okay, we want this amendment, " is to come sit down and say, "Listen" -- Chair Russell: This was my ask of them. City of Miami Page 125 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Reyes: Wait a minute. -- say, "Listen, Commissioner, you see, let's talk about this. This could cause this problem, and now let's work it out. " Don't wait until now to do it. I am willing to do -- I mean, to reform this as much as you want. And that friendly amendment could be incorporated later on, you see? But the principle is that we are not -- I mean, we have -- we are elected of cials. And your job is to assist us here, you see? Why do you expect us to accept everything that you bring us -- Chair Russell: So Commissioner -- Commissioner Reyes: -- whatever? Chair Russell: -- they didn't express the concern to you that -- Commissioner Reyes: No, sir. Chair Russell: -- as written, it would have an issue with the pool? Commissioner Reyes: No, sir. No, sir. Chair Russell: These may be questions that I asked them that (UNINTELLIGIBLE). Commissioner Reyes: Well, then, you should have asked us. Chair Russell: Well -- so that -- so my questions elicited my request for an amendment that would clean that up. Commissioner Reyes: Well, they should have come and said, "Hey, listen. Commissioner, the Commissioner has this" (UNINTELLIGIBLE). Fantastic. You could have done it on the dais -- Chair Russell: Right. Commissioner Reyes: -- and I would have accepted it. But the way that it's been done -- you see -- we got to put a stop to this sort -- Chair Russell: Then I'd recommend that we defer this item one meeting so that you've got time to work with the Administration and truly hear their concerns, and then -- Commissioner Reyes: No, no, no, we're going to vote on this. You vote it down or you vote it up. Chair Russell: That's up to you. That's up to you. Commissioner Reyes: That's -- okay. Chair Russell: That's up to you. Commissioner Reyes: And call the roll. Chair Russell: All right. We have a motion and we have a second. Is there any further discussion from the dais? Can you --? Vice Chair Gort: Let me ask you --let me tell you what the confusion is inhere. I think the Commissioner came up with an idea. City of Miami Page 126 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Yeah. Vice Chair Gort: It was read in the first reading. In the first reading, you suggested something. It was not picked up by the Administration, I guess, so it was not informed. Then my understanding is, in the second reading, coming back to you, you brought that up again. They created an amendment, and that amendment is given to the Commissioner today. But he's got all the rights to feel that he should have been consulted. He should have been told before, "Listen, somebody wants to do this amendment, one of your colleagues," because you can't mention names, because you'd be breaking the Sunshine Law by a third party, so. But, "One of your Commissioners suggest that we do the following amendment, " and I think he would understand a lot better; not to bring it right now when he's (UNINTELLIGIBLE) it. Chair Russell: I -- Commissioner Reyes: And to add -- Vice Chair Gort: I can understand that. (UNINTELLIGIBLE) not finished (UNINTELLIGIBLE). Chair Russell: Just a moment. Commissioner Reyes: -- to that, we were briefed Tuesday. Chair Russell: We were what? I'm sorry. Vice Chair Gort: Call the question. Commissioner Reyes: We were briefed Tuesday, and nothing -- come on. Chair Russell: Understood. Mr. Ihekwaba: Mr. Chair? Chair Russell: Mr. Ihekwaba. Mr. Ihekwaba: Yes. Thanks. With all due respect, Commissioner Reyes, the Administration brought up this issue at the first hearing. Chair Russell: I remember. Mr. Ihekwaba: And we were assured that it would be reflected before the second reading. We were told that it would be reflected in -- before the second reading, and it was not done. Commissioner Reyes: No, no, no. Mr. Ihekwaba: So it's not true that this was not picked up by the first time; it was. Chair Russell: Commissioner Reyes. Commissioner Reyes: The only -- Chair Russell: Microphone, please. Commissioner Reyes: -- I mean, agreement that we had was that we're going to get 180 days to iron every single -- I mean, whatever problem we have to change it, to City of Miami Page 127 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 find a way to implement it, and to analyze it; 180 days, which is six months that we were going to do that, you see? So if you want to vote it down, you vote it down, but I'm not going to -- Chair Russell: Thank you very much. Is there any further discussion from the dais? Hearing none, please read the ordinance. Commissioner Reyes: We talked (UNINTELLIGIBLE). The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Russell: All in favor of the item, say "aye. " Vice Chair Gort: Aye. Commissioner Carollo: Aye. Commissioner Reyes: Aye. Chair Russell: Mark me for a "no. " Motion passes. Is that 4-1 ? Todd B. Hannon (City Clerk): Yes, sir, 4-1. Chair Russell: Thank you very much. As promised, we'd have a hard break for the budget, please. We're going to take a 10-minute break and then we're going to table the remainder of the morning's agenda for after the budget hearing. Once the budget hearing is finished, we'll come back and finish up SRs (Second Readings) -- Vice Chair Gort: 5. Chair Russell: -- 8, and then below, the FRs (First Readings) and the other items. But we're going to take a 10-minute break right now. City of Miami Page 128 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 SR.5 ORDINANCE Second Reading 5434 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED and Mayor "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' SANITATION AND EMPLOYEES' RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTIONS 40-241, 40-254, AND 40-255, TITLED "DEFINITIONS," "PAYBACKS FOR MEMBERSHIP CREDIT," AND "BENEFITS," RESPECTIVELY, TO AMEND THE SERVICE RETIREMENT BENEFITS, PROVIDE FOR PURCHASE OF CREDIT FOR CERTAIN NONMEMBERSHIP SERVICE, AND THE DEFINITIONS OF AVERAGE FINAL COMPENSATION AND NORMAL RETIREMENT AGE; FURTHER AMENDING CHAPTER 40/ARTICLE IV/DIVISION 6 OF THE CITY CODE, TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE," MORE PARTICULARLY BY AMENDING SECTION 40- 351, TITLED "TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE," TO ALLOW CERTAIN APPOINTED OFFICERS AND EMPLOYEES TO ELECT TO PARTICIPATE IN EITHER THE TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE OR THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST AND PROVIDING FOR THE PURCHASE OF PRIOR SERVICE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item SR.5 was continued to the October 10, 2019, Regular Commission Meeting. Note for the Record. For additional minutes referencing Item SR.5, please see "Public Comment Period for Regular Items. " Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes, sir. Commissioner Hardemon: Before we continue, I would like to continue out one month Items SR.5, SR. 6 and SR. 7. Chair Russell: SRs.5, 6, and 7. There is a move to continue SR.5, 6, and 7. All right. Is there a second? Commissioner Carollo: Hold on for a minute. Citv ofMiami Page 129 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: This is the -- Commissioner Carollo: SR (second reading) -- Chair Russell: --three different pension items. Victoria Mendez (City Attorney): These are the pension items. Commissioner Carollo: 5, 6 and 7? Okay. Chair Russell: It's been seconded by the Vice Chairman. Is there any further discussion? Commissioner Carollo: No. Take a vote. Chair Russell: Anyone from the public want to comment on the deferral? Seeing none, I'll close public comment. All in favor; say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? SRs.5, 6, and 7 are continued -- Todd B. Hannon (City Clerk): October 10. Chair Russell: Thank you very much. -- October 10. Thank you. SR.6 ORDINANCE Second Reading 5435 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED and Mayor "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTION 40- 203, TITLED "BENEFITS", TO REFLECT THE CHANGES MADE IN THE CURRENT COLLECTIVE BARGAINING AGREEMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item SR.6 was continued to the October 10, 2019, Regular Commission Meeting. For minutes referencing Item SR.6, please see "Public Comment Period for Regular Items" and Item SR.5. City of Miami Page 130 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 SR.7 ORDINANCE Second Reading 5939 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED and Mayor "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI ELECTED OFFICERS RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTION 40-291, TITLED "DEFINITIONS", AND SECTION 40-296, TITLED "APPLICABLE BENEFITS'; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item SR.7 was continued to the October 10, 2019, Regular Commission Meeting. For minutes referencing Item SR.7, please see "Public Comment Period for Regular Items "and Item SR.5. SR.8 ORDINANCE Second Reading 6222 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 12.5/ARTICLE I/DIVISION 2, OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED and Mayor COMMUNITY REVITALIZATION/COMMUNITY REVITALIZATION DISTRICTS/LIBERTY CITY COMMUNITY REVITALIZATION DISTRICT," MORE PARTICULARLY BY AMENDING SECTIONS 12.5-27M, 12.5-28, AND 12.5-36 TO ADD PROVISIONS TO ESTABLISH A NEW DISTRICT 5 NEIGHBORHOODS OWNER - OCCUPIED AFFORDABLE HOUSING IMPROVEMENTS GRANT PROGRAM FOR LOW INCOME HOMEOWNERS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13859 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: SR.8. Commissioner Hardemon: I move SR.8 Commissioner Carollo: Hold on. Let me see that. Citv ofMiami Page 131 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: It's -- Commissioner Hardemon: Is this--? Chair Russell: -- amending the Code with regard to the Liberty City Revitalization Trust. Commissioner Hardemon: The Trust received dollars through renovated housing in Wynwood. Commissioner Carollo: I make a move. I move it. Chair Russell: Its been moved by Commissioner Hardemon -- Commissioner Hardemon: -- and we have to reflect it. Chair Russell: -- seconded by Commissioner Carollo. Commissioner Reyes: Which one is it? Chair Russell: SR.8, amending the Code for the Liberty City Revitalization Trust. Commissioner Reyes: Yes, sir. Commissioner Hardemon: I'll second it. Chair Russell: Oh, so it's moved by Commissioner Carollo. Commissioner Carollo: Yeah. Commissioner Hardemon: It doesn't matter; whichever one. Chair Russell: Seconded by Commissioner Hardemon. Any further discussion on the item? Commissioner Hardemon: Read it into the record. Chair Russell: All in favor, say "aye. " Todd B. Hannon (City Clerk): Chair, title. Chair Russell: Title, please. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you very much. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. 10-minute break, and then we take up the budget and public hearing for the budget. Thank you very much. END OF SECOND READING ORDINANCES City of Miami Page 132 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 FIR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 6261 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED ("CITY CODE"), TITLED BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," TO REFERENCE APPLICABLE FLORIDA STATUTES AS PROVIDED HEREIN; MODIFYING DEFINITION OF MOTORIZED SCOOTER; ADDING THE MOTORIZED BICYCLE PROGRAM, PROVIDING DEFINITIONS OF APPLICABLE STATE LAWS, BICYCLE, MICROMOBILITY DEVICE, MOTORIZED SCOOTER DRIVER; PROVIDING FOR A SPEED LIMIT FOR SIDEWALKS; PROVIDING THAT MOTORIZED SCOOTER DRIVERS HAVE THE RIGHTS AND DUTIES APPLICABLE TO BICYCLE RIDERS; PROVIDING THAT MOTORIZED SCOOTERS MAY BE OPERATED ON BIKE LANES AND PATHS; ENCOURAGING THE USE OF BICYCLE HELMETS; PROVIDING FOR A SPECIFIED MOTORIZED SCOOTER IDENTIFICATION NUMBER; PROVIDING FOR CERTAIN SPECIFIED SAFETY MEASURES; REQUIRING USE OF MOBILITY DATA SPECIFICATIONS AS PROVIDED HEREIN; EXTENDING THE MOTORIZED SCOOTER PILOT PERMIT PROGRAM FOR AN ADDITIONAL SIX (6) MONTHS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Hardemon NAYS: Carollo, Reyes Chair Russell: FR.1. Can I get a motion on FR.1, please? Commissioner Hardemon: I don't like it. Chair Russell: Ali. Commissioner Hardemon: I don't like it. I -- not only would the -- would FR.1 -- I was -- you know, at first, thought I was like, well, let's see if we can -- Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Hardemon: That's the scooter ordinance. Chair Russell: Yes. Commissioner Hardemon: Right. So at first, I was like, "Well, maybe this is something that we can start to expand and maybe I should take a look at it, considering I'm neighbors with you." And I know there are areas that the scooters would love to go within my neighborhoods. But then they went into this whole City of Miami Page 133 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 motorized bicycles and the expansion to all -- it's a lot of -- it's more than scooters now. Chair Russell: The only expansion of service is one company is interested in adding cycles to their fleet. Commissioner Hardemon: Right. Chair Russell: And if that is the hard -- if that is an issue for this body, I'm willing to remove that portion, but I would like to make the case where I'd like the pilot program to continue for the next six months. Commissioner Carollo: (UNINTELLIGIBLE). In your district, frankly, I'm amazed that someone really hasn't gotten hurt yet. Commissioner Reyes: No; some people got hurt. Commissioner Carollo: At times, it's one after another speeding in the -- they jump from the street to the sidewalk to the sidewalk to the street. And then they're thrown everywhere. The main boulevard that we have in all the City of Miami, Biscayne Boulevard. You look at Bayfront Park and the side streets, you know, it's like a flea market. You got scooters thrown everywhere. And I don't mean two or three; I'm talking about dozens and dozens and dozens of them. I understand now why so many major cities throughout the world that gave them a chance at first have gotten rid of them. Commissioner Reyes: Yep. Commissioner Carollo: I think it is so dangerous; that it's a major accident waiting to happen, where some young man or woman are going to get really hurt or killed, and I don't want that in my conscience. Chair Russell: Understood. I would just like to make the case for why we should continue the pilot program to learn from this before making a final decision on whether this belongs in our City. We are experiencing right now, in my district alone -- and I'd like to remind you that I am the one who has taken the most potential for exposure, facing an elections in weeks from now -- where, yes, there are residents who are unhappy with this. I believe, however, that the benefits far outweigh the inconvenience at this moment. And if we improve the program, it'll only get better and safer. We're very fortunate not to have had one major accident -- Commissioner Carollo: (UNINTELLIGIBLE). Chair Russell: -- please let me continue -- with over 800,000 rides; 800,000 rides over the last four and a half months. That means over 6,000 people a day are using scooters in my district and not taking a car where they meant to go; not looking for a parking space. Now, we have recognized there are problems with them being left around. That's being addressed in the second iteration of the pilot. We have problems with kids riding. That's being addressed. We have a problem with high speed on the sidewalks. That's being addressed. And for that reason, I'm not looking to jump right into an RIP (Request for Proposals) at this point. I'd like to fix the parts that are wrong, including going into other districts, because many of the companies have successfully been able to geo fence these out of other districts, and I'd like to start disqualifying the ones that can't. If they're just talking and they're not able to do what they say, we need to stop utilizing those companies. But this has the potential to be a big solution for us for the last mile. It has the potential to be a big reduction in traffic. And so, I believe in it, and I'm asking for this Commission to City of Miami Page 134 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 allow the pilot program to continue another six months. If expanding the bicycles at this point is too much, that's one company, which is the Uber Jump Company would like to add their cycles under the -- basically, the exact same rules. I'm open to trying it, but if it's not the will of this body, I do not want to sacrifice the entire program for that facet. Every other change is simply an improvement to the safety and regulation. There's nothing in here that expands the footprint. In fact, we're reducing in terms of where they're able to go. A lot of properties have asked to be geo fenced off; that sort of thing. This program is working, gentlemen. And there are inconveniences to it, but we hope to see that improve. One of the improvements is going to be hubs that are painted on the ground with signage where the companies incentivize the scooters to be left instead of other places. So you'll have a hybrid system of the docking, so people will be incentivized financially, through the applicant, to go that extra few feet and put it in that box instead of leaving it in front of the store, for example. The MPA (Miami Parking Authority) has done an amazing job picking these up where they're not supposed to be, including getting into other districts. We have heat maps that show the amount of bleed into the other districts is absolutely minimal. Those are anomalies that should be stopped, because I want to respect the boundaries, and I've told the companies if they allow it to happen, they're going to kill the whole program, and then the goose is dead. So I'm trying to respect your districts and the concerns you have for the residents in them, but the folks that are using this service right now in a productive way far outweigh those who feel inconvenienced. And I just want to stop the reckless driving and the underage driving, and I believe if we can do that, we're going to have a really good program. Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes, sir. Commissioner Hardemon: Look, right now, this pilot is in your district. If you want to expand the pilot to include, you know, electric bikes, as well, if that's what you choose to do, you know, I'll support you on that. But I do think, though, that this dollar per motorized scooter per day fee, I think it's too little. If you get to 800, 000 rides, and a dollar a day is like --you know what I mean? It's nothing. So you at least should get a dollar -- you -- I think about things in a matter -- These scooters can be used at all times -- right? --from morning to the late evening, but at least an eight -hour day you should begetting paid for. So -- Chair Russell: So you'd like to see a per -ride fee rather than a per -day fee? Commissioner Hardemon: No, not necessarily. I mean, you can do a per -ride fee. I think that's probably the smartest thing to do. If we were going to do an official program, maybe we should get a per -ride fee. We should get a share of it -- right? -- because that's how they're making their money. But all I'm saying is that when you pay a dollar, you know, and you're utilizing our City streets, you're utilizing the City sidewalks where you're leaving these scooters and it becoming a hazard to some people, then at least that fee per scooter should be up to like per day, $8. Chair Russell: So we don't want to price ourselves out of the usage. Right now it's a dollar per ride, and then 15 cents or something per additional minute. Commissioner Hardemon: No, not per ride. I'm talking about the fee -- Chair Russell: Right. Commissioner Hardemon: -- per day. City of Miami Page 135 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: And I'm just worried that if -- because they're averaging around five rides a day per scooter, so it's not a big amount. And so, if we were to say eight bucks a day or something, that would -- they would probably bump up the cost per ride; just something to think about. Commissioner Hardemon: But they may do it anyway when -- by the time that they put an official program, that's what happens. I mean -- okay, now that we have the ability to do this, if everybody agrees to increase their fees -- Chair Russell: Right. Commissioner Hardemon: -- then the fees are going to be increased. Chair Russell: And then the market will decide how much usage there is. But I think you're right. But one good thing to say is that we're on schedule to earn about $1 million a year from this program just so far in this one district. If we were to expand, it could be even better. And all of it is going into a special account for bicycle lanes, which we so desperately need from our unfinished bicycle master plan. So -- Vice Chairman Gort. Unidentified Speaker: Mr. Chairman -- Vice Chair Gort: If you're going to have it in your districts, then I don't have any problem with it and expanding. I think the market itself is going to tell us if it's going to be successful or not. Right now, all I see is a lot of our tourists using it. I don't see anybody wearing a suit, going to work or -- Chair Russell: (UNINTELLIGIBLE) there's a lot more. Vice Chair Gort: -- going to (UNINTELLIGIBLE). Chair Russell: It's Brickell. Vice Chair Gort: Okay. I understand it's Brickell, and I don't have any problem with it. The one thing I want to make sure: That we are not liable for any accident that takes place. Chair Russell: Madam City Attorney. Vice Chair Gort: We're going to make sure -- Madam Attorney? Victoria Mendez (City Attorney): Yes. You asked me to look into even other things and conditions, and I -- we are in a good place with regard to indemnification and -- we're fine on that regard. Commissioner Reyes: Have we had any suit? We have --? Ms. Mendez: Two claims. Two claims. Commissioner Reyes: Two claims. And another thing that -- I mean, you know my position on it. I don't want to see it on my district. I think they are extremely dangerous. Streets -- I mean, sidewalks are too narrow. There is too many elders in my district, and also, I don't know where is that amount ofpeople that are using it. I live next to Coral Gables. I don't live in Coral Gables; I live next to Coral Gables. And I drive around Coral Gables. They have the scooters. Most of the people that are using the scooters are kids, tourists; and even people that they come and I have seen ladies and also gentlemens [sic], young people, with a toddler in front of them; City of Miami Page 136 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 a toddler in front of them. And Mr. Noriega, you are responsible for picking them up, right? Vice Chair Gort: Enforcement. Art Noriega (Chief Executive Officer, Miami Parking Authority): Yes, sir. Commissioner Reyes: Enforcement. Oh, you are the enforcer. Mr. Noriega: Yes, I am. Chair Russell: Your name, please? Commissioner Reyes: That's right. And the other day, I asked you in my office -- I said, "How much does it cost?" You said, "Nothing." It does cost. There's no free lunches, sir, because if you had two people that they are working, three or four people that they are on the streets and they are giving tickets or they are checking the parkings [sic] and all of that, and instead of doing that, they are working on enforcing the scooters, you see, there is a cost, because they are not doing what they're supposed to do. They're doing something else. You see, there is a cost. There is a cost. How much are they giving -- how much are we receiving a month? You said 10,000, right? Mr. Noriega: To this point, to today's, we've impounded a little over a thousand scooters, so do the math, times 25. Its a little over -- Chair Russell: $25, 000. Mr. Noriega: -- $26, 000 -- Commissioner Reyes: 25,000 -- 20 -- Mr. Noriega: -- that we've collected to this date. Commissioner Reyes: And you haven't fined them because they have been out of their district, correct? Mr. Noriega: Correct; and/or illegally parked. Commissioner Reyes: Or illegally parked. Mr. Noriega: Right. Commissioner Reyes: I have seen them in Shenandoah. Mr. Noriega: Mm-hmm. Commissioner Reyes: I have seen the Fla -- I mean the Coral Gables one on my -- close to my house. I have seen them anywhere. And most of the people like -- most of the people that I --well, just --you don't have to go far. Just go out there and get out here and start looking at it. You're going to see all these kids, that they come around and they are playing in -- with -- in those. This is an accident waiting to happen. I mean, I don't want it in my conscience, also. I have said it before. I don't want it in my district, because I know that somebody's going to get hurt. I have friends that they live in Brickell, and when they come out of their apartments and they -- one of them has a toddler and the -- my friend told me that he is all the time on the lookout, trying to protect his wife and his kid from some young man, young City of Miami Page 137 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 woman, that they drive like crazy. You're driving at 50 miles an hour, I mean, you are going faster than a human being at full speed, see? And that is my point. And I mean, you want to keep the -- Commissioner Hardemon: Look -- Commissioner Reyes: -- I'm not voting for it -- Chair Russell: You've been heard. Commissioner Reyes: -- and I will never vote for it. Chair Russell: I understand. Commissioner Reyes: You see? Chair Russell: Commissioner Gort. Vice Chair Gort: I can support the extension in your district, but at the same time, I saw someone that came up with a new product that looked a lot better than some of the product that's being used. Like I stated before, I think the competition -- and the market is the one that's going to tell us if it's successful or not. Commissioner Carollo: Yeah. Vice Chair Gort: I remember when Miami Parking System brought those little cars that they -- you could pick it up and you could drive it anywhere and drop it anywhere. How long were they in business; about a year? Commissioner Carollo: Gentlemen, I call the question. It's late. Chair Russell: No. I'd rather table the item until we've got the Commission -- Mr. Noriega: Yeah. They were in business with us for about three years. Chair Russell: All right. Vice Chair Gort: Three years. Commissioner Reyes: You see, I got the report here -- Chair Russell: We don't -- Commissioner Reyes: -- and as Commissioner Carollo said, major cities (UNINTELLIGIBLE) got rid of them. They got rid of them. They said it was just like a -- it was a jungle out there. Chair Russell: All right. What I'm asking for is just -- this is first reading. You can kill it; kill it on second reading. Let's keep talking. Let's keep debating. There may be some changes. I'm sure the scooter companies have their own recommendations of what our suggestion is for the second iteration of this, but all I'm asking for tonight, because it is very late, is an approval of the item on first reading, and then we'll go from there. So is there --? Vice Chair Gort: I'll move it. City of Miami Page 138 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Thank you, Commissioner. Moved by the Vice Chairman; seconded by Commissioner Hardemon. You would like to address? Javier Corioso: I just wanted to make a quick clarification on the bikes for Commissioner Hardemon. Chair Russell: Your name and who --? Mr. Corioso: The pilot is very, very -- Chair Russell: I'm so sorry. Your name, and who do you represent? Mr. Corioso: Sorry. Javier Corioso, 80 Southwest 8th Street, Miami, Florida, Uber Technologies. The pilot is very, very specific in the amount of electric bikes that we can have, right? There's -- you got to show data of usage in order to expand your fleet size, and we're willing to work with you and your ojfice to make sure that the fleet size of the original launch is something that's very limited to address your concerns. I also want to educate the Commission that these are bikes that are very similar to the Citi bikes that you see out there; they just have an electric motor. They're pedal -assist. They're not like super scooters or a super bike that goes 30, 40 miles an hour. I know there's been a lot of confusion around that. These are just simple bikes that have a lock, and they have to be locked to a rack, if required, and they have a motorized motor. One final point that I would like to make is 70 percent of the riders that are using these scooters on a daily basis are commuters; they're Miami residents. And if any of the scooters leave the district area, we fine the rider $25, and they can lose access to our platform. So it's not just the MPA that's being proactive in enforcing this. The companies are being proactive, as well, and making sure -- Chair Russell: Thank you. Mr. Corioso: -- that our riders are adhering to the rules. Thank you. Chair Russell: Thank you. I'd like an analysis from IT (Information Technology), between first and second reading, about which companies are drifting out of the district more than others, because it sounds like that sort of an incentive system is what we need to mandate more than anything. The report kind of shows where -- the heat map, but there definitely is strain. And that sort of an incentive system -- one of them says, with a speaker, that they're calling the police when you leave the district, which is not true, but it's just one method. Commissioner Carollo: Well -- Chair Russell: I'd like to see a more robust system, or that we start disqualifying the companies that are not creating a system that actually follows the rules, what we set in place. Commissioner Carollo: Commissioner, can we call the vote already? Chair Russell: Yes, sir. Commissioner Carollo: I mean, they could discuss this even more in the second reading. Chair Russell: You're right. All right. So thank you very much for your comments. A reading of the ordinance, please. City of Miami Page 139 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: The title has the word "drivers "; it's supposed to be "users." That's been also fixed in the ordinance. I just wanted to modify that. Chair Russell: Thank you. Vice Chairman? Vice Chair Gort: I know we're going to be indemnified for everything that takes place, but if any accident takes place outside of the district, we don't have any responsibility at all, because they're breaking the law by being outside of the district. I'm not a lawyer, so I want you to make sure you can draft that, and we get that, all right? Ms. Mendez: We will. Commissioner Carollo: And you tell that one to their defense lawyer, that we don't have any liability. It's not going to fly. Chair Russell: All right. All in favor of the item, say "aye. " Vice Chair Gort: Aye. Chair Russell: Any opposed? Commissioner Carollo: Nay. Commissioner Reyes: No. Chair Russell: 2 to 3? Todd B. Hannon (City Clerk): Motion passes, 3-2. Chair Russell: Thank you very much. City of Miami Page 140 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 FR.2 ORDINANCE First Reading 5988 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING," SPECIFICALLY BY AMENDING SECTION 62-22 , TITLED "SCHEDULE OF FEES," SECTION 62-23, TITLED "REQUEST FOR REVIEW AND APPEAL," SECTION 62-25, TITLED "WAIVER OF FEES," AND SECTION 62-32, TITLED "SCHEDULE OF FEES," TO PROVIDE CLARIFICATION ON PLANNING AND ZONING FEES, CAP CERTAIN PLANNING AND ZONING FEES, ADD FEE SCHEDULES FOR CERTAIN PERMITS, PROVIDE FOR A SCHEDULE OF REFUNDS FOR CERTAIN FEES, AND ENSURE CONSISTENCY WITH OTHER CITY CODE SECTIONS REGARDING FEES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item FR.2 was deferred to the September 26, 2019, Planning and Zoning Commission Meeting. Chair Russell: Is there a willingness of this Commission to batch the last three items; FR.2, 3, and 4? Commissioner Carollo: Hold on. Chair Russell: This is -- I'll explain which ones they are. The TDD (Transfer Development Density) fees, the Code amendment; the Super Bowl Clean Zone; and the final one is the Special Master Program. Commissioner Carollo: No. These are going to take time; you know, roll them into the next meeting. See if Commissioner Hardemon wants to do -- or make his statement on that. And I have one minute or something else that I'll show, and let's call it a night. Chair Russell: I'd like to take up at least FR.2, and if there's a willingness from the Commission, any of the others that they'd like to -- Vice Chair Gort: What's FR.2? Commissioner Carollo: Let's see what FR.2 is. Chair Russell: FR.2 is a Code amendment on the Transfer Development Density fees. It's something that's been -- it should have been done when the ordinance was passed, and it's held up a lot of projects that would like to generate fees for historic preservation that -- where they are -- The ordinance has already passed in place, but we never set the fee schedule that allows it to be activated, and so that would (UNINTELLIGIBLE). Vice Chair Gort: What's that one? City of Miami Page 141 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Carollo: Okay. What's that one then? Commissioner Reyes: Wait a minute. I have a question on that, and I had -- I want clarification on it. This is the (UNINTELLIGIBLE). This is the ordinance that you want to pass that all those fees are going to go for historic preservation? Francisco Garcia: Thank you, Commissioner, for the opportunity to clarify. Francisco Garcia, Planning Director. No. Let me clarify that further, because -- Commissioner Reyes: Because as I understood, when we met, it was for historic, and I said, "No, that doesn't have" -- "I don't agree with it. " Mr. Garcia: You did bring that up, and what I'm happy to report is that although one of the criteria for eligibility for the funds is that it be historically designated, that is not the sole criteria; and, in fact, it is Criteria Number 4. Before Criteria Number 4 is, I think, more relevantly, Criteria Number 2, which has to do with economic hardship. Commissioner Reyes: Absolutely. Okay. I -- economic hardship, age, senior citizens, and all of that. And also, it is -- if you are -- that could be one of the criterias [sic], but not the sole criteria. Mr. Garcia: And ownership status is also important, so it needs to be home (UNINTELLIGIBLE). Commissioner Reyes: That's right, homeownership. Mr. Garcia: Yes, sir. Commissioner Reyes: Okay. I would like to see the list. Mr. Garcia: It's right there in the ordinance, sir. I think you can -- Commissioner Reyes: Okay. Mr. Garcia: --find it readily. Commissioner Reyes: Okay. Okay. Commissioner Hardemon: Now -- Commissioner Reyes: That is totally different. Commissioner Hardemon: -- it's interesting, because I kind of have that same thought, right? I was thinking to myself, you have a historic home. Generally -- Chair Russell: Wouldn't apply to a single-family home; only if you have density that you can dispose of, because your historic structure could have more density that you're not taking advantage of. Commissioner Hardemon: That's what I mean, right? And so, then you're able to use dollars from this -- basically, trust -- to make improvements on your home? Chair Russell: Yes. Commissioner Reyes: Single-family home? City of Miami Page 142 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: No. Mr. Garcia: Yes, sir. Commissioner Hardemon: Well, yes -- Chair Russell: It -- Commissioner Hardemon: -- on a single-family home. Commissioner Reyes: A single-family home (UNINTELLIGIBLE). Mr. Garcia: To clarify, very briefly -- Commissioner Hardemon: I don't -- and I don't have a problem with making improvements on single-family homes. Commissioner Reyes: Absolutely. Commissioner Hardemon: I like that. The problem that I have is that although I may have lots of historic properties within my communities, which is good, but generally, in the historic neighborhoods, property values are doing very well. People make lots of improvements. Certainly, there are people who can't make improvements in these areas, and they should be helped, but the -- what I -- my issue is that we're incentivizing preserving properties in those spaces and not in other spaces. So, for instance, if you're in an area that -- you need improvements, you are economically challenged, but you don't have a historic property, why shouldn't you be able to also take advantage of some sort of fund to help you make improvements on your home? Commissioner Reyes: And also, I got to add to that -- and I told Francisco -- that will give them incentive for --people say, "Yeah, let me get" -- "Hey, I want my home to be historic, " and then -- in order to get those funds, you see? Chair Russell: Well, if it's worthy of preservation. The idea is that we're asking people to try to preserve the historic homes of the -- or buildings or structures or theaters, or whatever -- Commissioner Reyes: You cannot force them. Chair Russell: -- but they could potentially make more money by knocking it down and the density that's available. So now, we're saying, "Well, you can sell the density you're not using, as long as you use it for the preservation." Historic preservation has not really had a good fund to offer; and so, it becomes a hardship when you're asking someone to preserve historically. This creates a really good solution for that while also being able to relieve them of the density they're not using. Commissioner Hardemon: And it's like -- I get it. The -- it's one of those things where -- say, for instance, on the commercial properties, you know, you can't use the --you can't use it, right? Chair Russell: Yeah. Commissioner Hardemon: It's pretty clear; people follow it. On the individual homes, it gets a little bit more like -- City of Miami Page 143 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: There's not much of that, honestly, because a single-family home is most likely zoned T3-R. They don't have any density to sell. Commissioner Hardemon: True, true. But -- so -- but (UNINTELLIGIBLE), through this ordinance, we're allowing them to make improvements on their homes, which I think is good. But what I'm saying is, through this ordinance, what it doesn't give me is the ability for other people who may not have a historic home to make improvements on their homes. Chair Russell: So it'd be a version of this ordinance for a different purpose? Commissioner Hardemon: I'm saying that I think it will be nice -- and then I'd love to hear what you have to say -- to allow more people to take advantage of it, because if it's -- if there's this fund that's being used to make improvements on your home to preserve it, right? Commissioner Reyes: That's what I'm saying. Commissioner Hardemon: If it's historic or not, you know, it might be a good thing - Commissioner Reyes: Yeah. Commissioner Hardemon: -- because if you don't make improvements on a home that was built in 1939, eventually, historic or not, termites, all these things will eat away at the house, and you're not going to have that 1939 (UNINTELLIGIBLE). Chair Russell: But it creates a covenant on that property -- right? -- because once you sell that density, you cannot redevelop or sell -- Commissioner Hardemon: Now, that's the other thing, right? So I -- the way that I thought about it wasn't from -- a transactional thing from each homeowner, because I think that complicates things, as well. Like, for instance, that's part of the issue that I have with someone telling me that we should have the -- what is it called? -- community -- like the community ownership of the properties -- land banking, right? Well, I think it's what they call it, but -- Commissioner Carollo: Well -- Commissioner Hardemon: -- because what happens is -- okay, well, you're only selling life estates in the property. And, you know, the more houses you have in the neighborhood that you're only selling life estates in the property, the more likely that people are not going to actually buy the homes, make improvements and stay in them, and pass it on to their family. It's not happening, right? Commissioner Carollo: It will -- Commissioner Hardemon: And so, you just -- Chair Russell: Understood. Commissioner Hardemon: --you -- Chair Russell: This is very interesting, honestly. Commissioner Hardemon: -- bastardize that area. City of Miami Page 144 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Carollo: Well -- Chair Russell: But I'm wondering if we shouldn't table this, then, and -- Commissioner Reyes: Yes. Commissioner Carollo: -- I make a motion to defer it. Commissioner Reyes: To table -- defer it. Commissioner Carollo: We're not ready to vote for this. Commissioner Reyes: Second; I second. Commissioner Carollo: Second by Commissioner Reyes. Chair Russell: I'm sorry, Commissioner, just -- please, I know it's late. I know it's late. Commissioner Carollo: Well -- Chair Russell: I -- you know. All right. So there is a motion to defer; seconded by Commissioner Reyes. Is there any further discussion on the item? When would you like to defer it to, Commissioner Reyes -- I mean Commissioner Carollo? Commissioner Carollo: November. Chair Russell: Why so long? Commissioner Carollo: Regime change. Iris Escarra: If the board would indulge me -- Chair Russell: Yes, of course. Ms. Escarra: -- for just one second? Iris Escarra, with offices at 333 Southeast 2nd Avenue. While I understand that there's some questions with regards to the ability to expand the program, as Mr. Hardemon has mentioned, that's actually not this particular -- this is just setting up the fees. Chair Russell: Yeah. Ms. Escarra: The fees don't only go to historic; 5 percent goes to affordable housing, as well. So there are multiple sources of revenues -- Commissioner Carollo: Listen -- Ms. Escarra: --and there are applications that have been pending a year; I kid you not. Commissioner Carollo: Well, you have -- Commissioner Hardemon: No, no, no; it's more than fees. It's more than fees. Commissioner Carollo: -- a little bit more time ain't going to kill you. We've been here all day, very early. City of Miami Page 145 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Reyes: That's not going to kill it. Commissioner Carollo: You know, we -- Commissioner Reyes: Yeah. Commissioner Carollo: -- need to call it a night already. So there's been a motion for deferment; it's been second. Can we have a roll call, please? Chair Russell: Can we get a sooner date on it, please? And then -- Commissioner Carollo: I don't care what day you guys get it. Chair Russell: All right. Commissioner Carollo: I just want to finish it tonight. Ms. Escarra: September 26. Commissioner Carollo: Okay. Chair Russell: I think if you can meet with the different Commissioners and explain your case -- Ms. Escarra: I'm happy to. Chair Russell: -- that it'd make a difference. And if there's a different ordinance that can be brought with regard to a different type of TDD concept, this one -- the ordinance is done. It's very specifically written and we went through a lot of public hearings to pass it, and it's done. This is just a fee schedule. But the other idea, I like it. I actually like it. Vice Chair Gort: First of all -- Chair Russell: It just doesn't fit within this one. So can we do it for September 26? Vice Chair Gort: First of all, (UNINTELLIGIBLE). Commissioner Carollo: Do it whatever day you want it; let's just finish it tonight. Chair Russell: All right. It's been -- Commissioner Hardemon: You know, my meeting schedule's already booked for next week, but that's neither here nor there. Commissioner Reyes: Yes. Vice Chair Gort: Did we vote on this already or --? Chair Russell: Which? We're trying to -- Commissioner Reyes: We haven't voted -- she wanted (UNINTELLIGIBLE) -- Chair Russell: All right. Commissioner Reyes: -- (UNINTELLIGIBLE) I don't want (UNINTELLIGIBLE). City of Miami Page 146 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Ms. Escarra: It's also -- this is first reading. If there's an opportunity that between first reading and second reading -- Commissioner Reyes: No. Listen -- Ms. Escarra: -- your changes could be incorporated -- Commissioner Carollo: No. Commissioner Reyes: No, no. That -- Commissioner Carollo: No, no. Commissioner Reyes: -- dog has bitten me a lot of times, you know? "Oh, first reading, first reading. " No, no, no. If I don't like it, I don't like it. Let's get it straight and then we go on first reading. Chair Russell: All right. There's a motion to defer to September 26. There's a second from Commissioner Reyes. Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Commissioner Reyes: Okay. Chair Russell: Thank you. City of Miami Page 147 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 FR.3 ORDINANCE First Reading 6257 AN ORDINANCE OF THE MIAMI CITY COMMISSION DESIGNATING A PORTION OF THE CITY OF MIAMI AS A "CLEAN Commissioners ZONE", WHICH WILL PROVIDE FOR THE SAFE AND ORDERLY and Mayor USE OF CITY STREETS AND SIDEWALKS BY SIDEWALK VENDORS, PEDDLERS, STREET TICKET SELLERS, AND PEDESTRIANS DURING THE 2020 NATIONAL FOOTBALL LEAGUE SUPER BOWL AND MIAMI SUPER BOWL HOST COMMITTEE ACTIVITIES IN THE CLEAN ZONE; ESTABLISHING TERMS AND CONDITIONS FOR THE 2020 NATIONAL FOOTBALL LEAGUE SUPER BOWL AND THE MIAMI SUPER BOWL HOST COMMITTEE ACTIVITIES, IN ORDER TO REGULATE COMMERCIAL ACTIVITIES DURING THE 2020 NATIONAL FOOTBALL LEAGUE SUPER BOWL AND MIAMI SUPER BOWL HOST COMMITTEE IN THE CLEAN ZONE BEGINNING 12:01 A.M. ON SUNDAY JANUARY 19, 2020 AND ENDING AT 11:59 P.M. ON MONDAY FEBRUARY 3, 2020; AND FURTHER PROHIBITING THE SALE, OFFER FOR SALE, OR DISTRIBUTION OF COUNTERFEIT GOODS, WARES, AND MERCHANDISE OF THE NATIONAL FOOTBALL LEAGUE AND THE MIAMI SUPER BOWL HOST COMMITTEE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Victoria Mendez (City Attorney): Mr. Chairman? Vice Chair Gort: I'd like to -- FR.3, I'd like to -- Commissioner Reyes: FR.3. Vice Chair Gort: Yes. Commissioner Reyes: FR.3, move it. Chair Russell: Just a moment, just a moment, please. Madam City Attorney. Commissioner Carollo: What's FR.3? Ms. Mendez: For FR.1, I just wanted to confirm that it's September 26. Chair Russell: Oh, it must be, please. Ms. Mendez: Okay. So FR.]. Thank you. Chair Russell: Thank you. Ms. Mendez: Now, FR.3, do I read the ordinance? Chair Russell: Let me see if we have a motion. City of Miami Page 148 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Vice Chair Gort: Move it. Commissioner Carollo: What is FR.3? Commissioner Reyes: Second. Chair Russell: This is the 20 -- Ms. Mendez: The Super Bowl Clean Zone. Chair Russell: -- Super Bowl 2020 Clean Zone. Commissioner Reyes: Move it by -- Ms. Mendez: The Clean Zone. Commissioner Reyes: -- Commissioner Gort; second by me. Commissioner Carollo: Yeah. Chair Russell: You guys are getting good at this. Commissioner Reyes: Yes. I learned -- Chair Russell: Commissioner Gort, did you make the motion? Vice Chair Gort: Yes. Chair Russell: Thank you. Second by Commissioner Reyes. Please read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. City of Miami Page 149 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 FRA ORDINANCE First Reading 6357 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING Commissioners CHAPTER 2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY REPLACING THE TERM "SPECIAL MASTER(S) TO "SPECIAL MAGISTRATE(S)" THROUGHOUT CHAPTER 2/ARTICLE X TO BE CONSISTENT WITH CHAPTER 162 OF THE FLORIDA STATUTES; FURTHERMORE, ESTABLISHING A NEW SECTION 2-830, ENTITLED "ALTERNATE CODE ENFORCEMENT SYSTEM"; PROVIDING FOR THE ADOPTION OF AN ALTERNATE CODE ENFORCEMENT SYSTEM THAT GIVES SPECIAL MAGISTRATES THE SAME AUTHORITY AS THE CODE ENFORCEMENT BOARD TO HOLD HEARINGS AND IMPOSE FINES, COST, LIENS AND OTHER NON -CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY CODE OF ORDINANCES OF SAID CODE; PROVIDING FOR THE QUALIFICATIONS, APPOINTMENT, POWERS, COMPENSATION, AND RETENTION OF SPECIAL MAGISTRATE(S); CLARIFYING THE ROLE OF THE CITY ATTORNEY WITH RESPECT TO SPECIAL MAGISTRATE(S); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item FR.4 was deferred to the September 26, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item FR.4, please see "Order of the Day" and "Public Comment Period for Regular Items. " Chair Russell: Gentlemen, I just had coffee; I'm ready to keep going. We have one last item. Can we handle it? Commissioner Carollo: No. Vice Chair Gort: What is it? Commissioner Reyes: No. Commissioner Carollo: No. Chair Russell: Special Master conversion to -- Vice Chair Gort: No. That's going to be a while. Commissioner Carollo: No. That's going to be a long one. Vice Chair Gort: That's going to be long. City of Miami Page 150 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: All right. All right. Is there a motion to defer FR.4 to September 26? Vice Chair Gort: Move it. Commissioner Carollo: I would prefer that we defer it to October 26 [sic]. We got a very busy meeting. Chair Russell: Who's the -- who is the sponsor of this item? Commissioner Hardemon: Commissioner Gort. Chair Russell: Commissioner Gort, when would you like to hear it? Vice Chair Gort: As soon as possible. Chair Russell: Agreed. Commissioner Reyes: The 26th? Chair Russell: Yes. Is there a motion to defer to September 26? Commissioner Reyes: 26. Commissioner Hardemon: I'll move it. Commissioner Reyes: Yes, sir. Chair Russell: All right, Commissioner Reyes; seconded by the Chair. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. City of Miami Page 151 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 FR.5 ORDINANCE First Reading 6470 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING Commissioners CHAPTER 36 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED, TITLED "NOISE," MORE PARTICULARLY BY AMENDING ESTABLISHING A NEW SECTION 36-10, TITLED "MULTIPLE VIOLATIONS WITHIN A NINETY (90) DAY PERIOD," TO REQUIRE VIOLATORS WHO RECEIVE THREE (3) OR MORE VIOLATIONS OF THIS CHAPTER WITHIN A NINETY (90) DAY PERIOD TO AUTOMATICALLY BE REFERRED TO THE OFFICE OF THE CITY ATTORNEY FOR ANY AND ALL LEGAL ACTION AVAILABLE UNDER THE LAW WITHOUT THE NEED FOR FURTHER CITY COMMISSION ACTION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item FR.5, please see "Order of the Day. " END OF FIRST READING ORDINANCES Citv ofMiami Page 152 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 BU-BUDGET BU.1 BUDGET DISCUSSION ITEM 4971 MONTHLY REPORT Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND Budget BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Note for the Record. For minutes referencing Item BU.I, please see "Order of the Day. " END OF BUDGET Citv ofMiami Page 153 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 DI - DISCUSSION ITEMS D1.1 DISCUSSION ITEM 6350 A DISCUSSION ITEM OF THE MIAMI CITY COMMISSION Department of Real PROVIDING AN UPDATE ON THE STATUS OF THE LEASE BETWEEN THE CITY OF MIAMI AND MIAMI FREEDOM PARK, LLC Estate and Asset FOR THE LEASE AND DEVELOPMENT OF A SOCCER STADIUM, Management PUBLIC PARK, TECHNOLOGY HUB, ART AND ENTERTAINMENT SPACES, FOOD AND BEVERAGE VENUES, AND A HOTEL AND CONFERENCE CENTER WITH ANCILLARY COMMERCIAL USES AT 1400 NW 37TH AVENUE. RESULT: DISCUSSED I Note for the Record: For additional minutes referencing Item DIJ, please see "Public Comment Period for Regular Items" and Item NA.2. Chair Russell: Now we'll move to our time certain item. I stood corrected from this morning; we had not -- as it is a time certain, we must have a public comment period for the time certain item, as well; DI. I. So before we enter into discussion about it on the dais, if there's anyone here who'd like to speak on DI.1 that did not speak in the morning, you're very welcome to approach the lecterns at this point. Wendy Walsh: Hi. Good afternoon, Commissioners. Wendy Walsh. I'm the principal ojficer for Unite Here Local 355. We just wanted to flag for you, as you discuss this item, that it does -- it is a project that's covered by the City's labor peace resolution, and we have not yet executed a labor peace agreement. We are hopeful that we will. We've had conversations with the developer. We talk to him again today. We hope to get that done, but we just want to remind everyone that that is required. Thank you. Chair Russell: This is the Melreese discussion item. Is there anyone else who'd like to speak on this item? All right. We'll close -- closing public comment then, or did you want to speak? Marc Sarnoff I'm not sure how you want us to present. Chair Russell: So, you're representing, of course. We'll have the discussion item, and as Commissioners or Administration have any questions, if you could be on hand, but we'll save time for that. Mr. Cruz. Elvis Cruz: Thank you. Am I to understand this is about the Melreese? Chair Russell: Discussion Item I is the status of the Melreese item, yes. Mr. Cruz: It's a sweetheart deal. It's a land grab. It's a give-away to billionaires. Please, don't let it happen. Thank you. Chair Russell: Thank you very much, Mr. Cruz. Seeing no further public comment - - Are you coming up to speak, sir? City of Miami Page 154 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Joseph Longueira: On the Melreese Golf Course issue, Joseph Longueira, 1420 Brickell Bay Drive. I hear a lot of people come up here and call this a park. It's not a park. It's a golf course. I can't go there unless I golf. You can't go there unless you golf, you know. Maybe, technically, in the books they call it a park, but it's not. By approving this deal -- and the voters voted for it -- it'll be -- a great part of it will be open to the public. And let's go forward with this deal for the City. Thank you. Chair Russell: Thank you, sir. We'll close public comment at this time. Mr. Manager, this discussion item, is this the Administration's item? Mr. Clerk, is this the Administration's sponsored item? Todd B. Hannon (City Clerk): Yes, sir. It's the discussion item that I believe was placed on the agenda by the Administration. Mayor Francis Suarez: Thank you, Mr. Chair. I think the attorneys that were hired by the Commission want to make a presentation, and give you an update on where we are in the negotiations, in the selection of consultants that the Commission has required and requested, and we'll go from there. Commissioner Reyes: Mr. -- Chair Russell: Thank you very much. Commissioner Reyes. Commissioner Reyes: Yes. I always had my suspicion that it was going to be postponed and postponed and postponed, and to that effect, we passed a resolution that we demanded -- the resolution directed the City Manager to bring a contract for voting. Now, I know that there's going to be excuses and excuses and excuses, and you don't have it now. And the resolution says that very, very -- it's very explicit. The City Manager is directed to present it for City Commission's review and consideration in proposed lease of the (UNINTELLIGIBLE) property for review; consideration or approval by the City Commission, no later than September 12, 2019. And it was unanimously voted by all five Commissioners. By not doing this -- by not bringing it, it is -- I mean, you're not complying, Mr. Manager, with the directive of not only one Commissioner; five Commissioners, five Commissioners. And I know -- I know -- I mean, it is very easy. There is nothing we can do about it. You see? You're sitting on the driver's seat. You know, you can say, "Dorian." You can also claim that, "Oh, we misunderstood the letter, and we closed the golf course, because it was totally contaminated, " when you knew [expletive] well that it wasn't contaminated at all. It was only four spots, and that was very good. That's very -- a very good plan. You see? The way that this has been dealt with is a very well - preconceived plan that -- in a way that I never seen it in the United States; only in countries that have totalitarian regimes, when somebody wants to land grab from somebody else. You tried to discredit the golf course. It's not a park. It is a park. You cannot go there if you don't play golf. I cannot go to a marina, because I don't have a boat, and we still have marinas. See? Everything has been very well - planned, trying to get the people out. As a matter of fact, there was a strong arm entering into an agreement. As a matter of fact, there were calls; that they were threatening them. As a matter of fact, it had affected -- upset some -- negatively, one of the administrators; that he passed away. You see? This is a plan that it merits an investigation, merits an investigation, the way that it has been done. There have not been transparency since day one. They have been pushed to get certain attorneys in the group. I mean, everything has been very, very carefully planned, as it is planned in those countries that I mentioned. Now, what is the status of this? Are we -- when are we going to vote on this? When are we going to vote on this? Mayor Suarez: Mr. Chair, if I may? City of Miami Page 155 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Reyes: I want to move -- I'm going to move that we bring this for a final vote on next meeting. Mayor Suarez: Mr. Chair, if I may? (Applause) Chair Russell: Just a moment. Well -- sir, please. Hold your applause, Mr. Pichel (phonetic). Mayor Suarez: Mr. Chair? Chair Russell: Just a moment, Mr. Mayor. There's a motion on the floor. Is there a second? Commissioner Reyes: Motion that the next meeting, they bring this for -- Vice Chair Gort: Second it. Commissioner Reyes: -- voting. Mayor Suarez: Mr. May -- I mean, Mr. -- Chair Russell: It's been moved and second. Open for discussion. Mr. Mayor. Mayor Suarez: Thank you, Mr. Chairman. Let me just discuss why that is impossible. It's just not possible. And the reason why it's not possible is because on March 14, 2009 -- on '19; my apologies -- the Commission decided to impose this deadline. I didn't resist the deadline. The deadline was put on the agenda as a November deadline, and then at the Commission meeting was changed from a November deadline to a September deadline. I didn't protest the deadline. I didn't argue against the deadline. I didn't veto the deadline, even though I didn't think the deadline was a good idea. I thought the deadline was arbitrary. I thought the deadline was not included in the question that the voters voted on. They voted to waive solicitation, and they voted for us to negotiate a deal, and our objective has always been, clearly, that we will bring to the City the best deal for the residents of the City of Miami that they approved, and significantly better than the minimums that they approved by an overwhelming margin. But on March 28, 2014, this Administration brought forth to this Commission a recommendation on a law firm. This Commission decided not to take the Administration or the City Attorney's recommendation. In fact, normally, the City Attorney would have hired the law firm. Outside counsel was hired without input of the Commission, but this Commission demanded to have input on the selection of the attorney; again, something that we all abided by. The City Attorney, in conjunction with the City Manager, made a recommendation on that law firm. You brought up issues related to the law firmss connections to Cuba, and whether or not -- Commissioner Reyes: Yes, I did. Mayor Suarez: Right. And so -- Commissioner Reyes: I did. Mayor Suarez: And therefore, the Commission decided that they were going to put out an RIP (Request for Proposals), a IS -day RFP. On April 25, a month later, the Commission deferred the retention of the law firms. On May 9, almost -- the next Commission meeting, it was yet again deferred. On May 23, there was a decision City of Miami Page 156 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 finally for the City Attorney to select of a group of three attorneys, which passed 4 to 1. At some point thereafter, the City Attorney did, in fact, select who the attorneys were going to be. On July 19, they had to bring a pocket item to waive the conflicts for one of the firms that the City Attorney selected. By the way, the City -- the attorneys that the City Attorney selected through your instruction have been magnificent; I have to tell you. I've worked with them. I've been in meetings with them. They've done a magnificent job representing the City. And they can detail all of the work that they've done in the limited amount of time that they've been engaged. In the midst of all that, our Administration brought a consultant to the Commission and said -- And by the way, we were told we cannot hire an independent consultant without coming to the Commission. That's fine. So we brought a suggestion of a consultant to the Commission, and the Commission said, "We don't want you to select the consultant that you want. What we want is our lawyers to select the consultants that will do an independent analysis. " And in fact, I think it was your suggestion that the analysis be independent; that it be an independent environmental analysis, an independent traffic analysis, and an independent appraisal. All good ideas for how you should do the deal. You should have independent consultants; by the way, being paid for by the team. The only problem is that the lawyers that you selected to select -- the independent consultants that you wanted finally selected those consultants, and they were engaged yesterday. Commissioner Reyes: Sir -- Mayor Suarez: So -- they were engaged yesterday. So the point is that it is impossible for an appraisal --for an environmental study -- And by the way, they've been very diligent, because there was a conflict. They had to resolve a conflict with one of the companies that they were trying to engage. I'm not suggesting, in any way, that they haven't been diligent. They've been very diligent. I think the speed at which this has gone is the normal speed that you would expect a deal of this magnitude to go, and they've been very diligent in trying to engage the consultants and negotiate all the different parameters related to the scopes of the different agreements, which is something that has to be negotiated and decided, because if you put garbage in, you're going to get garbage out. So they've done a magnificent job of protecting the City's interest to make sure that we have the best Independent consultants, as you suggested, with the best assumptions for those reviews. I presume that now that they've been engaged -- at least two of them have been engaged. I don't think all four of them have been engaged -- but at least two of them have been engaged; the appraiser and the traffic study. I'm not sure if environmental has been engaged yet. Have they been engaged? Good. So that's three. Has both appraisals been engaged? Okay, just one of the appraisals have been engaged. So one of the two have been engaged. One of the traffic studies have been engaged or -- just recently, I think this week were engaged, and the environmental this week was also engaged. Those studies, sir, take anywhere from -- for them to be professionally done and independently done, as you have suggested, anywhere from 45 to 60 days. That's not something that -- that's how long they take. Do you dispute that that's how long a professional appraisal takes? Chair Russell: Commissioner, let him finish. Let him finish. Commissioner Reyes: I mean, I'm laughing, sir. I'm laughing. Chair Russell: Commissioner, if you can let him finish, I'll give you time for sure, I promise. Commissioner Reyes: Yes, sir. City of Miami Page 157 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mayor Suarez: So I don't think anybody who understands how these appraisals are done and how these reviews are done does not believe that an independent appraisal, traffic study, engineering study takes somewhere between 45, 60, maybe even 90 days to do. Frankly, in the meantime, the attorneys have done the diligent work and have been exchanging drafts with the attorney to make sure that when those studies are completed, the information that is gathered can be imported into the documents, and as soon as it's completed, we're going to bring immediately to the Commission the deal. I have to say that the team, in all respects and at all times, has been pushing us to get this done as quickly as possible. They've been available. We've had multiple meetings, which I think your outside counsel can -- and I say, 'your outside counsel," because it's the counsel that you hired -- can detail for you, and which, by the way, again, I have worked well with. I think they've been phenomenal. They're extremely competent and probably the best set of firms -- or certainly as good as the firm that was recommended by the Administration -- to negotiate this deal. So I don't feel in any way that we have lost anything, or anything has been diminished because the Commission decided to select its own attorney, which I perfectly am fine with. So we have worked diligently. I'll let your attorneys talk about the timeline of the work since they were engaged, because obviously, they can't be responsible for things before they were engaged. Chair Russell: Thank you. Commissioner Reyes. Commissioner Reyes: Through the Chair. According to what you're saying, sir, do we have -- you have any date that you think that they will be presented before the Commission? Mayor Suarez: Yep. Commissioner Reyes: Can that be --? Listen, man. Francis, let's cut the chase. Mayor Suarez: You can address me as "Mayor. " Commissioner Reyes: You address me -- Mayor Suarez: You can address me as "Mayor," and I'll address you as "Commissioner. " Commissioner Reyes: Hey, listen -- Mayor Suarez: How about that? Commissioner Reyes: -- listen -- Chair Russell: One at a time, please. Commissioner Reyes: -- (UNINTELLIGIBLE) fantastic, fantastic. Okay. Mr. Mayor -- Mayor Suarez: Thank you. Commissioner Reyes: -- everybody knows that you are a cheerleader for this. Everybody knows -- Mayor Suarez: And everyone knows that you're not. Commissioner Reyes: -- that you're totally (UNINTELLIGIBLE) -- Hey, listen, I heard you talk; now you heard [sic] me talk. You have to hear me. City of Miami Page 158 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mayor Suarez: Sure. Commissioner Reyes: Okay? Everybody knows that you are totally partial about this deal. And for everybody's information, the voting was not that we have to accept any deal or we have to build the so-called stadium and the -- of the tremendous development in that area. It is that we will waive competitive bidding, which was my first objection to this, okay? Now, everybody knows that you are partial -- totally partial, and so is the Mayor -- the City Attorney. And let me get -- ask you this: To say that all of this have taken so long, okay, I think is disingenuous, because this is just a simple land deal. It's a real estate deal. It's a simple real estate deal. And if --and the plan was --and I denounced this from the beginning -- to wait until after the election. Mr. Gort won't be here during that time. Heaven knows who's going to be elected. And the person that is going to be elected, probably you are praying to all the -- the Virgin Mary and all the saints that it's somebody that really agrees with you in that deal. I don't know why you are so partial on that deal; something that I haven't real -- been able to figure out yet. But they had deemed actions on your part and on City Manager part that definitely show that you're not working in the best interest of the City of Miami, because by this action that was taken this month, when you call a press conference, like always, a press concert [sic] -- you call a press conference, and you decide to call -- you -- City Manager decides to close the golf course, because it was extremely contaminated, and that it was -- the contamination was about four times, when you had a letter from July that stated clearly that they had four spots that they were contaminated. When you get the County -- the guy from DERM (Department of Environmental Research Management) said, "We never wanted to close that. We never wanted to close it. " Why was that action taken? Why? Why? You close the golf course, and you stated it. It's going to cost $50 million. Now, thank God that we have this project that is not going to cost us anything. Oh, now, we have a savior. And also, in -- and from what I heard -- you see? -- the -- and it was -- and read, also -- the cut -- I mean, the value of the land -- or the payment also, we will take into consideration the level of contamination. And another thing, sir -- you see? -- are you involved in this, in the negotiations, Mr. Mayor? Mayor Suarez: Am I -- have I been in the negotiations? Commissioner Reyes: Yes, sir. Mayor Suarez: Absolutely. Commissioner Reyes: Okay. Because I have here somebody that -- Your legal advisor, Eddy Leal, is the one that is organizing everything, because I have here emails that he is the one -- like the lead man in this negotiation from your office. You see? Mayor Suarez: I have office staff involved, as well. Commissioner Reyes: And what -- the only thing that I want, and the only thing that I requested was to get this to the Commission for a vote -- Mayor Suarez: Sure. Commissioner Reyes: -- before the election, and now you say -- you're claiming that it takes 45, 90 days. We don't have 45 and 90 days. And I want -- Madam City Attorney, can we call the ques -- can we demand a vote? Victoria Mendez (City Attorney): Today it's a discussion item, so today you can't -- City of Miami Page 159 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Reyes: No. That's not the question. Ms. Mendez: Okay. Commissioner Reyes: In any sort -- any day, can we demand a vote? Ms. Mendez: You are the City Commission, and if you do not want to go forward with this deal, you can make that decision. Commissioner Reyes: We can make that decision. Okay. And remember that -- Ms. Mendez: If not today, next -- Commissioner Reyes: No, not today. Commissioner Hardemon, I ask -- I said, "This is not going to happen. I know it's not going to happen. " And he said, "If it doesn't happen, we're going to vote. " Okay? They're going to -- "we're going to vote." That's what he said. I know that today is a discussion, but I want to set a date. I want to set a date so we can vote on it, and that's it. I know that -- You see, as a matter of fact, when we were choosing the attorney, they were postponing, because they wanted to include Shutts in it. And there was postponement and postponement. You see? And you remember that. You see? It was a ploy -- right? -- to postpone and postpone and postpone, because that way, there is always the excuse, "Oh, you wanted this, you didn't get this, we didn't get in on time. " And the truth of the matter is that this is a very well -organized -- it's a very, very, very -- I mean, I must congratulate you guys. This plan has been fantastic. Machiavelli was a -- I mean, Machiavelli has been -- he was nobody by -- I mean, next to you guys. Very Machiavellian, using the dialect (UNINTELLIGIBLE) -- I told you once that they elected (UNINTELLIGIBLE) that it used by (UNINTELLIGIBLE) to see the thesis and thesis and (UNINTELLIGIBLE). "The park is no good; let's try to discredit the park. " Well, what is it? "You know, the park doesn't work. What are we going to do? Let's find solution. " "Oh, let's give it to the (UNINTELLIGIBLE)." You see? That's the thing this is, okay? Mayor Suarez: Mr. Chair? Commissioner Reyes: I mean, you very well organized. Very Machiavelli -like. Very well organized. And I know that you sit there, and you smirk and all of that; very arrogant, because you know that you are -- Mayor Suarez: Right. Commissioner Reyes: -- you have it. Mayor Suarez: I know that I'm right. Commissioner Reyes: You think you have it. Mayor Suarez: Yes. Commissioner Reyes: Okay? Chair Russell: Thank you, Commissioner Reyes. Mayor Suarez: Mr. Chair? Chair Russell: Mr. Mayor. City of Miami Page 160 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mayor Suarez: Thank you, Mr. Chair. Look, I'm not here to attack you. I'm not here to speculate on your motives. I have been a proponent of the deal from the beginning. You have been an opponent of the deal from the beginning. I don't speculate as to why you're an opponent of the deal. Commissioner Reyes: Because it's a horrible deal. Chair Russell: Just a moment. (UNINTELLIGIBLE). Mayor Suarez: I don't speculate as to why you're an opponent of the deal. I would appreciate if you don't speculate as to why I'm a proponent of the deal. I've been very clear as to why I'm a proponent of the deal. But the reason why we're here in this situation is very easy to understand and explain, because it has nothing to do with Hurricane Dorian; it has nothing to do with the three days that the park was closed; that the Manager made a decision to close the park for three days and bring in an outside environmental firm just to ensure that the results that we were shown were accurate. It has nothing to do with that. It's very simple. The Administration - - actually, the City Attorney normally hires outside counsel on her own. The Administration normally hires outside consultants on its own. That's been the practice for years; at least while I was a Commissioner. The Commission decided — and it has every right to decide -- to change that practice. I have no problem with that. But in doing so, that delayed the process of just hiring the lawyers alone, until a minimum of July 19. So from March 14, when you set this arbitrary deadline that's not in the referendum, which was originally a November deadline, and then it was a September deadline all of a sudden, you then delayed the hiring of the attorney all the way through July; then you empowered the attorney to select the consultants, which is fine. Those are outside consultants that you, yourself, required. That's fine. I have no problem empowering them. They've done a wonderful job working to get those people on board. They've had to negotiate scopes and negotiate with various people. In fact, one of them had a conflict. They had to replace that person; a very reputable firm. Those people were selected just this week by them, the people that you asked to select those consultants. Those consultants -- I'm not making this up -- take 60, 90, 45 -- I don't know how many days they're going to take. They're certainly going to take more than two weeks, I can promise you that. There is no appraisal company in the world that's worth its salt that's going to get you an appraisal -- a commercial appraisal in two weeks; no environmental company, no traffic company. None of those companies are going to do that. That's not -- has nothing to do with -- this Administration has nothing to do with me personally; has nothing to do with whether I like the deal or dislike the deal or anything. It has to do with the time that it takes to do those analyses. So the answer to your question, which you asked, is, "How long is this going to take?" is simple. As soon as those analyses that you have required and that the people that you have decided to choose -- have chosen them and they are finalized -- and we have two, I think, or three of the four already chosen. Once those reports are finalized, hopefully they'll be incorporated into the deal documents; that they're going to continue to negotiate, parallel with those reports, and at that point, we will bring it back to the Commission. And if the Commission decides to vote for it, great. Commissioner Reyes: Sir? Mayor Suarez: If the Commission decides not to -- Chair Russell: You're recognized. Mayor Suarez: -- that's the prerogative of the Commission. City of Miami Page 161 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: I'll recognize you in just a second. Commissioner Reyes: No, let me ask this. You see, you had the whole month of August that nothing happened. You had -- I mean, the -- Mayor Suarez: I just explained it to you. Commissioner Reyes: -- attorneys, they were chosen in May. You have May -- Mayor Suarez: They were not chosen in May. Chair Russell: Just a moment. Let's get one at a time, please. Commissioner Reyes: That's right. I was in New York -- Chair Russell: Please, just a moment. Commissioner Reyes: -- when they were chosen. Chair Russell: Just a moment, Mr. Reyes -- Commissioner. Mayor Suarez: They were not chosen in May, sir. Chair Russell: I just -- I'd like to avoid a back and forth, please. I'd like you to speak your piece. If anyone would like to rebut, I'll gladly give you the time, but I don't want a back -and -forth argument, so -- Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: -- and that's why I just wanted him to be able to finish, and I will let you speak as long as you'd like to speak, honestly. I just don't want us to argue with each other, because it creates a tone that we don't need. Mayor Suarez: There was -- Commissioner Reyes: I was not going to insult him, but -- Mayor Suarez: Look, there was -- Commissioner Reyes: -- (UNINTELLIGIBLE) going to call him a -- Mayor Suarez: Mr. Chair, there was a pocket item on July 19 resolving a conflict with one of the attorneys. So the attorneys were not chosen until at least after July 19; all the attorneys were not chosen. Some of the attorneys were chosen on May 23, but all of the attorneys were not chosen until basically late July. Chair Russell: Thank you, Mr. Mayor. Commissioner Carollo: Madam City Attorney -- Chair Russell: Commissioner Carollo. Commissioner Carollo: -- what were the attorneys chosen, the firms that we chose? Ms. Mendez: The meeting that you allowed me to pick was May -- Mayor Suarez: 23. City of Miami Page 162 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Carollo: Well, Shutts and Bowen is here. Do you recollect when you were hired? Marc Sarnoff. We -- Marc Sarnoff, on behalf of Shutts and Bowen -- actually had the City Attorney's retainage -- I believe it occurred on June 5. Commissioner Carollo: June 5. Okay, so Commissioner Regalado [sic] is correct, June 5. How about the other firm? I think you can -- Commissioner Reyes: Commissioner Reyes. Chair Russell: Commissioner Reyes. Mayor Suarez: Thank you. Commissioner Carollo: Commissioner Reyes, correct. Irwin Rai: This is Irwin Rai, with O'Melveny and Myers. We were selected on July IL Commissioner Carollo: Excuse me? Mr. Rai: July IL Commissioner Carollo: July 11 -- Mr. Rai: Yes. Commissioner Carollo: -- was the second firm. Commissioner Reyes: (UNINTELLIGIBLE). Mayor Suarez: And the other firm was July 11. Commissioner Carollo: Yeah, but -- Mayor Suarez: And by the way, let me just add to that, sir. Commissioner Carollo: He represents whom again? Mayor Suarez: Represent you, the City Commission. Commissioner Carollo: Yeah, I know, but what firm? Mayor Suarez: Melveny. Mayor Suarez: Sir, (UNINTELLIGIBLE) -- Mr. Rai: I'm with O'Melveny and Myers. Commissioner Carollo: Okay. Are you from the one down here, or the one in New York that was a partner with you? Mr. Rai: New York. Commissioner Carollo: Okay. City of Miami Page 163 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mr. Rai: And I'm partner with Fowler White. Commissioner Carollo: Okay. Mayor Suarez: And just to be clear -- Mr. Chair, if I may? -- there was a pocket item on July 19. Commissioner Carollo: Mr. Mayor, I'm speaking now. I really would appreciate -- Chair Russell: We thought you were finished, Commissioner. Mayor Suarez: Yeah. Commissioner Carollo: No, I'm not finished with this. June S; July 11 came the second firm. When did you start inquiring of the firms that you're going to hire now to be brought in? Mr. Sarnoff.• The actual firms would have been brought to bear, I'm going to say, Commissioner, around July 2, July 4; right around that time frame. Commissioner Carollo: Okay, July 2, July 4. Mr. Sarnoff Right. And we were directed on July 11. Commissioner Carollo: Yeah, I remember, more or less, that, because I was inquiring how the process was going. So what I'm trying to show here is that the firms that we were going to hire, the most two important ones right now -- all of them are important, but the two most important ones for what we need -- are the ones that are going to do the market rate analysis, and I think the process that they were looking at is a good process, but here's where the problem lies; not the way the Mayor described it. The problem lies in that when we put out the referendum, it was clearly put out that the Beckham Group -- whatever it's called now -- was going to be paying for all these studies; not the City of Miami; that we were not going to be paying a penny for it. They were paying for it. And this got delayed, because they were refusing to pay the amounts that these firms would cost. They wanted to pay a fraction, from what I heard, that was, frankly, to the point I think of almost being ridiculous, from what I was told. Now -- So what I'm trying to point out is that what the Mayor stated is inaccurate, because this got delayed because of them; not because of us. And if they would have agreed to pay for these firms at the onset, our 45 days would have been completed, and we would have today -- if not, certainly by the next meeting -- what the market rate is that we would have to pay -- that they would have to pay, rather, for us. Now, my next question is, have you gotten actual monies in escrow to pay these firms already? Mr. Sarnoff Yes. Commissioner Carollo: Is it enough to pay the full amount? Mr. Sarnoff.• Yes. Commissioner Carollo: Okay, because -- What was the date? Because that was another point of contention, why this got delayed. Monies were not in the bank yet. When did these monies finally go into an escrow account? Mr. Sarnoff We received the escrow probably yesterday. City of Miami Page 164 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Carollo: When? Mr. Sarnoff Yesterday. Commissioner Carollo: Well, as you could see, the delay was from them; not from us. And it seems to me that this is a calculated delay, like Commissioner Regalado -- Commissioner Reyes was saying. Commissioner Reyes: Commissioner Reyes. Commissioner Carollo: I'm sorry; I got Regalado on my mind today. The -- Don't take that personally. It's not about anything bad for you. But they only put that money in the bank yesterday, which means these firms could not get started. Shutts and Bowen and the other firm cannot have told them, "Okay, go ahead; start the work," because they hadn't put the money. They only put the money the day before we met today. If they would have gotten back in the first week of July, even the second week of July, we would have had all these reports done, but it wasn't done, because they didn't want to put the money that they promised the voters that they would pay and that the voters approved in a referendum. You know, you go July, August, September, you're looking at approximately nine weeks that passed; more than even the 60 days that the Mayor mentioned, and that I agree with you; these firms require 45 days usually -- at least 30 to 60 days -- to do these kind of studies appropriately. But the delay was not from us. It was from them. And look, we're all big boys here. These delays were caused for a calculated reason. They felt, for whatever reason that it would be in their best interest to have a later vote instead of a vote earlier. It's not our fault. It's their fault. Mayor Suarez: Mr. Chair, if I may? Chair Russell: Thank you, Commissioner Carollo. Commissioner Reyes: May I -- ? Chair Russell: Just a minute. Let me let the Mayor speak -- Mayor Suarez: Thank you. Chair Russell: -- and then you, Commissioner Reyes. Mayor Suarez: Yeah, I can't really speak to that issue, because that's not anything that I was involved in. That was something that was negotiated with your outside counsel that you chose and the team. I know that there was a lot of negotiations relative to the scope, relative to a variety of different things. And what I can tell you is that they decided on the actual -- I know there was a conflict in one of them as well, which also took more time. I can tell you that those companies were engaged this week. So I was not involved in whether or not -- you know, in those negotiations. It's -- Commissioner Carollo: I'm not accusing you of anything . Mayor Suarez: No. I'm not saying you are. I'm just -- Commissioner Carollo: I'm not accusing you. Mayor Suarez: -- giving you the timeline, because I want to be clear on what the timeline is and why things are taking the time that they're taking. City of Miami Page 165 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Carollo: You didn't control the money; they did. Mayor Suarez: Of course not. Commissioner Carollo: You weren't going to pay for it. Mayor Suarez: I'm not paying for it; neither are you. Commissioner Carollo: They had to -- Mayor Suarez: Right. Of course. Commissioner Carollo: -- according to what they pledge -- Mayor Suarez: And I presume that they are. Commissioner Carollo: -- based on the referendum -- Mayor Suarez: Yeah. Commissioner Carollo: -- that the voters approved -- Mayor Suarez: Yes. Commissioner Carollo: -- that they would be paying for it. Mayor Suarez: And they will be. Commissioner Carollo: Now, here's the additional dilemma that I have that I'd like to ask the Manager: It is my understanding that the environmental studies that were done by them were done some time ago, and that your office had those reports sometime in June, maybe early July. I'd like to hear from you, Mr. Manager, what are the facts towards that. When did you get those environmental reports to your office; whether you directly, your deputy Manager, or somebody in your office? Chair Russell: Just a moment, Mr. Manager. Commissioner Reyes, did you want to address the previous point -- Commissioner Reyes: Yes. Chair Russell: -- before we move on to the environmental? Commissioner Reyes: Yeah, the previous point. I have here -- Chair Russell: And then I'll get back to the environmental. Commissioner Reyes: -- is dated on June S, 2019. That was a contract with Shutts and Bowen. And June 4, we had already received the first contract from the -- Mayor Suarez: Team. Commissioner Reyes: -- with the team of the Mas. Team -- you call it a team and the Beckham Stadium and all that; that is totally a farce. Beckham doesn't have anything there. It's Jorge Mas. You see? Its the Mas Company -- I mean, from Jorge Mas. We have it here. Did you immediately -- when you got the contract, you immediately tried to review it and engage the team, because it is called in the -- on the -- well, the contract that they were proposing? City of Miami Page 166 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mr. Sarnoff Could I address that, Mr. Chair? Commissioner Reyes: Sure. Chair Russell: Yes. Mr. Sarnoff.• So yes. The answer to your question is yes, we decided to do a parallel track in accordance with the City s wishes. So the City asked us to negotiate, which is -- this is our draft of what we think should be the changes to address the draft proposal; candidly, that MFP, Miami Freedom Park, had the better part of nine months to draft. And I'm not going to speak for Mr. Rai, but I know he created three additional documents. Those documents were done and created, Commissioner, by July 31, which, what I could tell you as a commercial practice, was light speed, so to speak. But during that time frame, we thought there were 30 to 45 deal points that needed to be addressed. One of the most major things that probably concerns you and probably everybody else up here more than anything else is what is the proper amount of rent to get fair market value? What should the City be receiving in rent? We listened carefully to you with the word "independent. " We suggested two firms that are pretty -- they don't usually do a lot of work here in South Florida, although they're -- the size of the firms are huge; Houlihan Lokey and Deloitte and Touche. I'm not sure you call them Touche anymore, but Deloitte. And there was -- their bills were much different -- or I'll say, their proposals were much different than what the City had done with CBRE and Blake, which are the two appraisals that you all had. And there was a process of negotiation for, I would say, three to four, five weeks, on what they call, "The scope of the analysis. " Predominantly, that negotiation occurs because we'd like to think this is a pretty unique piece of property, and in its uniqueness, you can't just say, `All right, 100 Biscayne. What did 110 Biscayne sell for?" That's pretty comparative analysis. Hard to do a comparative analysis in this case. So both Deloitte and both Houlihan, and I want to say in negotiations and in good faith, agreed to a scope that took approximately four weeks, and that's the scope that was the process of negotiation. Commissioner Reyes: So from June 4 that you receive -- June 5, you said immediately you get -- you had a whole month of June, and then you had July and August in order to review, send it to them, and receive it back. I mean, it doesn't take a whole month to be (UNINTELLIGIBLE). Mr. Sarnoff I would say to you, the end of July to the -- almost end of August those negotiations commenced -- well, commenced and culminated in -- Commissioner Reyes: Well, that means that right now you have a contract ready? Mr. Sarnoff I'm sorry? Commissioner Reyes: That right now they have a contract ready. Mr. Sarnoff There is a contract ready. Commissioner Reyes: There is a contract? Mr. Sarnoff.• There is a contract ready with Houlihan Lokey. There is a contract ready with the traffic analysis, better known as FTE. Commissioner Reyes: And that -- what I'm referring is that -- because I know that Mr. Mas's contract was received -- the initial contract was received on June 4, and you were hired on June 5. City of Miami Page 167 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mr. Sarnoff Right. Commissioner Reyes: And then, if you review it -- I mean, let's say that by the end of June, you have finished reviewing it, and that you make your comments and all of that, the whole month of June, July. Mr. Sarnoff Well, we -- Commissioner Reyes: They send it back to you? Mr. Sarnoff -- produced to the City on July 31 what was our draft of what we think should be in the MVP contract. In addition to that -- and I don't want to speak for Mr. Rai -- I believe he's proposed three additional agreements, and maybe it's best - Mr. Rai: Sure. If I may, to just finish answering the question. Commissioner Reyes: (UNINTELLIGIBLE) call the question (UNINTELLIGIBLE). The revisions that you made to the contract, those revisions that you did it in June or July, did you send it back to Mas? Mr. Sarnoff We have not, because (UNINTELLIGIBLE) -- we have not -- Mr. Sarnoff It's the City Attorney's decision as to when she wants to send it, and there's good reason not to, Commissioner. The good reason is, until you get to a better understanding of what the rent should be -- that's what we were trying to do, which is put our energy and time toward getting the appraisers. Commissioner Reyes: From what I read the contract -- from what I read, that goes beyond the rent, goes --I mean, goes into when they start paying. When they start breaking ground? How much are we going to get? What it is deducted? How -- what rights does the City have on the land after we do it away? You see? Has to do with all those things that goes beyond the payments, because according to the contract that I read, we will give the land away, and they could do with the land whatever they please for a hundred years. So please, whatever. They can just go away and nothing will happen. You see? All of those -- that's the -- I am not an attorney, and I am just a little hillbilly from Cuba, but from what I read, it is -- totally, it's a land give-away, and -- but you went through that, right? Mr. Sarnoff. We did. Commissioner Reyes: And you found that out. Did you find that that was kind of unacceptable? Mr. Sarnoff. We did. Commissioner Reyes: And -- but you send it back to them? Mr. Sarnoff We sent it to the City for its comments. Commissioner Reyes: And the City never send it back to the Mases for correction? Mr. Sarnoff.• What we determined was that there were so many outstanding deal points -- 35 of them -- that needed to be satisfied, Commissioner, by the appraisal, it was prudent to get the appraisal process -- Sort of like the cart pulling the horse. It would be very much akin to me saying to you, "Would you like to buy my house? City of Miami Page 168 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Yeah, I'd love to buy your house. " And you say to me, "Well, have your lawyer draw a contract, and I'll draw a contract; we'll look up the contract terms. " Never once have we discussed price. Commissioner Reyes: What I said -- what I'm saying, we're not even discussing the price now. Mr. Sarnoff Right. Commissioner Reyes: What I'm discussing are the conditions, the lease conditions; conditions that -- how are we going to give away our land, and what are the implication of giving the land, and what --? I mean, what are our benefits, and what are our rights in those -- in that land, and what they can do with it? You see? I mean, you should have picked up a lot of those that -- Mr. Sarnoff They're -- I think everything you've mentioned -- Commissioner Reyes: Yes, sir. Mr. Sarnoff -- is a deal point for what they call, "a condition " -- Commissioner Reyes: That's right. Mr. Sarnoff -- that we all found to be unacceptable. Commissioner Reyes: That you all found --and --but did you send it back? Mr. Sarnoff We sent it to the City. Commissioner Reyes: You sent it to the City. Did you send it back, Madam -- I mean, in order for the contract to be getting ready? Ms. Mendez: Because there were so many deal terms that were not readily established, we weren't going to spend time and money going back and forth on red lines. If the main deal points weren't -- Commissioner Reyes: But doesn't usually there is a red line. I give you a contract, and then you give me a red line -- Ms. Mendez: Right. Commissioner Reyes: -- then I give you another contract. Ms. Mendez: So there are plenty of red lines. Commissioner Reyes: So I mean, you go -- we will go back and forth, and it's going to take time. That is not a valid excuse, because if I give you a contract, you give me the red line, and I send it back to you. You see? And I don't have to wait until I have everything to send it to you. Ms. Mendez: So it's not worth arguing about a comma if you haven't even touched prices. Chair Russell: Commissioner Reyes -- I mean, Commissioner -- Ms. Mendez: It's basically -- City of Miami Page 169 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Thank you. Ms. Mendez: -- there were -- we didn't have the appraisals, our appraisals; we didn't have our environmentals. So they would be claiming the land is worth $3; we would be claiming that the land is worth $100. I mean, it wasn't -- Chair Russell: Thank you, Madam City Attorney. Vice Chairman Gort, and then Commissioner Carollo. Vice Chair Gort: The question's very simple: They presented their -- as a buyer, they'll present their proposal, which they make it to their benefit. We need to look at it. They were hired to look at it and see what's the best thing that they can do for the City of Miami. My understanding, the question is -- and you just answered -- we don't have correspondence with them constantly. In other words, you're not going to sit down with them until we have our contract ready that have been given to us, because they work for the City. They work for us; not for the Mas group. So that's what I wanted to make sure we understand. Also, the question I had -- and I don't recall what the language was during the elections. There was a day for the proposal to be finished? Ms. Mendez: No. Commissioner Gort: Okay. Ms. Mendez: No. They just gave -- Mayor Suarez: No deadline. Ms. Mendez: --permission. It's permissive. Vice Chair Gort: Okay. Commissioner Carollo: Well -- Chair Russell: Thank you. Commissioner Carollo. Commissioner Carollo: Thank you. What -- it's clear to me, from the questions and answers that I've gotten, that the reason we don't have appraisals yet and the market rate on this property is because they purposely dragged this process. Why would they drag the process? It's very simple. They feel, if there were two votes before and Commissioner Reyes and Commissioner Gort against it before, and they haven't been able to move one to make it the four -fifths that's required for this to happen that it's in their best interest for November to pass by so that Commissioner Gort won't be here any longer, and maybe they would have a better second look from whomever the new Commissioner is, which I know already who it's going to be, but that's besides the point. The --back when we were dealing with all this, we all knew, and I made it clear, this is not a deal that was based on a soccer stadium. It's the lease on this property. It's the commercial deal. It's what's going to bring the big bucks to the City of Miami and to them. Commissioner Reyes: Yeah. Commissioner Carollo: Well, to both, because we are hoping to get real dollars, not what was originally offered. That was like a tip to get this started. At that time, if you all would remember, I made a motion to go out and put a request for proposal for all ideas, the best ideas that anyone could provide to us. I got no seconds on that, and that's why we're here today. There's two choices that we could make, City of Miami Page 170 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 because it's clear from what I'm hearing that you're not ready today, you're not going to be ready the end of September, the beginning of October, the end of October, and you're not going to be ready until there's a new Commissioner sitting in District 1. So this Commission has to make a decision; either it's going to wait or it's not going to wait, and will take numerous different actions that it can take. So I will open it up to the body for further discussion. Before we do that, however, I would like to go back to my original questions of the Manager, and that was again, Mr. Manager, in case -- in all this back and forth, you've forgotten the -- was trying to ascertain when did your office first receive the information on the environmental appraisal? Emilio T. Gonzalez (City Manager): Yes, sir. I wanted to check my dates. I believe my Chief of Capital Projects received a report on Tuesday, the 20th of August. It was on the 21st I met with my senior staff, sir. I met with my senior staff. I met with members of the City Attorney's Office, and the collective decision was that given the report that stated that the arsenic levels were very, very high, in an abundance of caution, I decided that we should close the golf course so that we could analyze the report, bring in our own eyes and ears, look at it and make sure that there was no danger. I immediately, when I made that decision -- again, on advice of staff and counsel -- I called the Mayor to tell him that I was going to close the golf course. I called the Chairman, I called the Vice Chairman, and I called Mr. Delucca to inform him of our actions, assuring the latter that I didn't think it would take very long, and that it should not be a major inconvenience. Chair Russell: Vice Chairman. Commissioner Carollo: Do you remember -- Chair Russell: Commissioner, the Vice Chairman just wanted to interject on that point. Commissioner Carollo: Okay. Vice Chair Gort: No, let him finish. Commissioner Carollo: Okay. Do you remember what day -- you're telling me that it was August 20 that you received the information. What was the date? Mr. Gonzalez: Sir, I received the information on the 21st. Commissioner Carollo: The 21st of August? Mr. Gonzalez: Yes, sir. Commissioner Carollo: Okay. Do you remember what was the date that you closed the golf course down? Mr. Gonzalez: That day. Commissioner Carollo: The same day? Mr. Gonzalez: Yes, sir. Commissioner Carollo: Okay. So it was a quick meeting, so you decided to close it on that same day? City of Miami Page 171 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mr. Gonzalez: We decided to close the course so that we could review the data ourselves. Commissioner Carollo: Okay. So any information that might have been given to me, that your office or yourself had this information any time before August 21, is erroneous? Mr. Gonzalez: The head of Capital Projects had the report the day before. Commissioner Carollo: Okay. So Capital Projects had it on the 20th? Mr. Gonzalez: Yes, sir. Commissioner Carollo: Any information that was given to me, that your office had those reports or any information on those reports before the 21st or the 20th of August, is erroneous? Mr. Gonzalez: That is when I received the report, and hence, that's when I called the meeting of staff and the City Attorney. Commissioner Carollo: Okay, when you received it, but let's go a little more into it. Were you given any verbal information as to what they had done there before you got the actual reports? Mr. Gonzalez: We had met with -- I think it was either that day or maybe that afternoon, and we were told that the report was forthcoming or that there was something due. But as far as getting an actual document, no, sir, I don't -- I pretty much read everything. I don't recall anything. Commissioner Carollo: The actual document, you're clear, I think, Mr. Mayor -- Mr. Manager -- you're clear on the actual documents. I'm talking now verbally. Did they let you know what they had found a week, two weeks before, a month before, two months before? Mr. Gonzalez: No, sir. Not me, no. Commissioner Carollo: Okay. Do you recollect, Mr. Manager, what date those reports had that you were given? Mr. Gonzalez: I don't. Commissioner Carollo: How about the Director of Capital Improvements? Do you remember the dates of those reports, when they did it? Mr. Williamson: Sir, Steve Williamson, Capital Improvements. The date of the report that we have was dated August 14. Commissioner Carollo: Okay, it was dated August 14. And what I'm trying to ascertain is if some information that I got is accurate or is not accurate. Based on what you're both telling me, it's not accurate. I'm just trying to get to the facts, whatever they might be, and nothing more. Okay, it's August 14. All right. What made you, within a couple of days after you closed the golf course down, Mr. Manager, rethink your thoughts that it could be opened up? Mr. Gonzalez: Because the environmental consultants that we hired came back to me and said that based on the review of the documentation they had received on the actual inspection or the actual drilling -- City of Miami Page 172 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Carollo: Right. Mr. Gonzalez: -- they thought that it would be safe to reopen the golf course. I immediately made sure that Mr. Delucca knew about this. That would have been Friday. Commissioner Carollo: What did DERM have to do in any of this? Do you know what their role had been, what they had done? Mr. Williamson: Sir, on July 17 -- Chair Russell: Name for the record, please. Mr. Williamson: Yeah. Again, Steve Williamson, Director of Capital Improvement. On a memo dated July 15, the City of Miami received on July 17, DERM identified four sites on the golf course that were an area that we need to look at. Standard practice; we received those from DERM on many of our facilities across the City. We are required to return back to them an action plan. We were in the process of returning that action plan back when we received this second report on August 20. Chair Russell: Commissioner Carollo. Commissioner Carollo: Was there anything out of the -- unusual from the stuff we had been getting from DERM in the past regularly in that area? Mr. Williamson: No, sir. Those are -- those -- they identified four sites, and again, they were standard sites that we need to -- locations that we need to look at; have to do an action report; have to give feedback to DERM, but we were well within our time period to respond. Commissioner Carollo: And the reason I'm saying that is because DERM has known for years and years, but not decades, that there were problems there. That's why we all knew that from the onset. Okay. Thank you. Commissioner Reyes: Mis -- Chair Russell: Commissioner Gort and then Commissioner Reyes. Vice Chair Gort: The report that you talked about that you received, where did they come from; the one where you make the decision to go ahead and close because of what they show up in that report? Mr. Gonzalez: That was a report that I believe was commissioned by the applicant. Vice Chair Gort: By the applicant? Mr. Gonzalez: Yes, sir. Vice Chair Gort: Okay. My understanding is --because I think I send you a picture, because people were very scared that they could be hurt, the two large iguanas -- Mr. Gonzalez: Yes, sir. Vice Chair Gort: -- that live there and they eat the grass, and they've been therefor a long time. The report that you received, these people, in order to be able to do City of Miami Page 173 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 something, they have to go down at least 10 or l5 feet. So the contamination, when you go down 10 or 1 S feet, it's completely different. Mr. Gonzalez: Yes, sir. I completely agree. But I also understand that I have a responsibility to protect the safety of our residents. And if I had -- if I may? If I am given a report that says that we have elevated arsenic levels that are off the charts and I did absolutely nothing -- Vice Chair Gort: No. Mr. Gonzalez: -- we would be having a different conversation about why we don't care about the safety of our residents. Vice Chair Gort: I understand that, but I just want to bring back in here the contamination, when you're going to be -- build something, especially buildings and so on, you have to go down quite a bit -- Mr. Gonzalez: Yes, sir. Vice Chair Gort: -- and that's going to pull a lot of things coming up -- Mr. Gonzalez: Absolutely, sir. Vice Chair Gort: -- just for that reason. But at the same time, at no time was any dangers or anybody being hurt, because I was there on Friday when you -- Mr. Gonzalez: Yes, sir. Vice Chair Gort: -- when we approved -- Mr. Gonzalez: And I think you and I spoke that day. Vice Chair Gort. -- and the site -- the only site that was -- it was one -- where there's two palm trees that needed to do something. That was about it, but I want to Mr. Gonzalez: I informed the operator of my decision. Vice Chair Gort: Right. Mr. Gonzalez: They weren't real happy, but they understood. They understood that we needed to follow our due diligence (UNINTELLIGIBLE). Vice Chair Gort: And I understand your responsibility and liability if you have not taking a decision. Mr. Gonzalez: Yes, sir. Chair Russell: Commissioner Reyes. Commissioner Reyes: Yes. Sir, if -- you received the notification, it was on July -- right? -- about this. Then I wonder why there is -- I have here a budget for remediating. This is your budget; that it was going to cost under $130,000 to clean that four spots, and then you went ahead and closed the whole -- Even DERM, the -- when we contacted DERM, DERM said, "No, we never said that the whole park was with fourth time level. No. We found four spots, four simple spots, and we never had an intention of closing the park. What we did is, we told them to immediately, City of Miami Page 174 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 immediately remediate this problem, this four spots. " You already have a budget for remediation. You already have it; 730. And then you went right ahead, and there was a press conference. You said, "We received this letter that said, Immediately remediate'; therefore, I'm closing it. " See? I don't know. It's kind of -- brings a lot of suspicions -- you see? -- on why it was done. And then, you go further on that. You said, "Well, thanks God, we go " -- "we have this project "; that you will not cost now -- it will cost $50 million, but since we have this savior here, it's going to cost the City of Miami nothing. You see? This is a timeline that I have, and that's what makes us very -- makes me very suspicious. Chair Russell: Thank you, Commissioner Reyes. Mr. Manager, would you like to address any of the other questions that have been raised? I think it's been clear with regard to why you made the decision on the closure and the reopening as well. Payment for the studies that was raised, can you clam who is paying for the studies and whether or not there was a delay caused in the negotiation of the paying of those studies? Mr. Gonzalez: Sir, I'll let Mr. Perez speak, but I have been very clear from the first instance since the subject came up that this would not cost the City of Miami taxpayers anything, and I have also been clear that I will never ever bring a bad contract before this body. I would rather bring no contract than a bad contract. I can let Mr. Perez speak for himself, but under no circumstances will we spend taxpayer dollars on this project. Chair Russell: Thank you. Mr. Perez, did you want to address that? Richard Perez: Sure. Thank you, Mr. Chairman. Richard Perez, with offices at 701 Brickell Avenue, representing Miami Freedom Park. And I'll walk you through, step by step, each one of the contracts that we've agreed to pay for. The first one is SES, which is the environmental contract. That environmental contract was finalized last night. We've already reached an agreement with the Fowler White law firm to deposit money in escrow. That letter has already been agreed to. We're finalizing it. The signature should be there; the money should be there. With regards to the traffic and environmental, we had an agreement -- with regards to the traffic, we had an agreement with the prior consultant that we had already agreed to sign, and there was a conflict that worked its way through. We recently received the final letter of the new traffic consultant, I think, by the name of FTE. And immediately, the day that we got that contract, I believe finalized and signed, we agreed to put the money in escrow, and immediately moved to put that money in escrow, and I think that money in escrow went in today. With regards to the appraisers, there has been some back and forth with regards to both the scope and the fee. The fees that both Deloitte and Houlihan were charging were five times what we thought would be the right amount of fees. We've gotten past that issue. We have agreed to pay the full amount of the fees, and we're talking $125,000 for one; $150,000 for another appraisal. So you're talking two -- you know, a very significant amount of money for a commercial appraisal. We've gotten past that issue. The -- and have agreed to deposit that money in escrow. The Houlihan -- Commissioner Carollo: I'm sorry. You say -- Chair Russell: Commissioner Carollo. Commissioner Carollo: -- that you agreed to deposit the money, but the money hasn't been deposited yet? Mr. Perez: No. The money from Houlihan has been deposited, because that agreement has been finalized, and we have a signed check. The reason we didn't City of Miami Page 175 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 deposit it is we didn't have a signed agreement from Houlihan. The moment we received the signed agreement with Houlihan, I think within 24 hours, the money was deposited in escrow. And the last remaining appraisal is Deloitte. That agreement has yet to be finalized with Deloitte, and there are some technical, legal issues that have nothing to do with us, I would say, that I think the Shutts firm is working with Deloitte on. I can commit to you that within 24 hours of Shutts presenting to us a signed engagement letter with Deloitte, that money -- I think the letter says three days, but I'll commit to you that in 24 hours, we will have that money deposited in escrow. And so, yes, it's true, the money was recently deposited in escrow, but the reason for that is because we didn't have signed agreements, and we weren't going to deposit money without having a signed agreement with the consultants, and I hope that answers the question. Chair Russell: Thankyou. Commissioner --Vice Chairman Gort. Vice Chair Gort: No, don't go away; stay there. Mr. Perez: I'm sorry. Yes? Vice Chair Gort: I know you're paying for the -- but do they understand that the work is for the City and not for you all? Mr. Perez: Correct. We're not a party at all to any of those three agreements. We have a side letter with the law firms; two of which are with Shutts and Bowen and one is with Fowler; that we are going to deposit money in their escrow accounts. So we're not a party at all to those agreements. We're in agreement with the law firms to pay them that was subsequently paid. Vice Chair Gort: And they understand that the work has got to go to the Administration -- Mr. Perez: Oh, absolutely. Vice Chair Gort: -- and to our lawyer? Okay. Mr. Perez: Absolutely. Vice Chair Gort: Thank you. Commissioner Carollo: Well -- Chair Russell: Commissioner Carollo. Commissioner Carollo: --we appreciate your information -- Mr. Perez: Thank you. Commissioner Carollo: -- but you basically have confirmed what we had been told before. The bottom line still is that your clients were in the driver seat, and they could have agreed to have engaged these firms much sooner. They decided to engage them much later. Mr. Perez; I would simply say that there were negotiations with regards -- With regards to the environmental, that -- the first agreement with regards to that was presented to us yesterday -- or the day before yesterday. Commissioner Carollo: I'm not concerned -- City of Miami Page 176 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mr. Perez: Yeah. Commissioner Carollo: -- about the environmental, because that would be at the tail end, if we would need it. You know, because it depends on -- it would depend on what yours comes out. We might be satisfied with the numbers you have. Mr. Perez: Yeah. Commissioner Carollo: But my concern, and the concern of every member of this body here should be, on the market rate appraisal. What is that land worth -- Mr. Perez: Right. Commissioner Carollo: -- with the use that we agreed to give you if we entered into a contract? And that you were in the driver seat. You took a long time, a very long time. We could have had all that information by today, and been at the verge, at worst, of coming to an agreement. Mr. Perez: Commissioner, I would only simply say that -- and I can't tell you exactly what date we received the proposals from Houlihan and Deloitte. There were suggestions made, and I think the folks across the table from us would agree that the suggestions that we made with regards to the scope of services were important ones, and principally dealing with ensuring that both Deloitte and Houlihan were working off of the same scope of services, right? The one thing that concerned us about when we received those and reviewed them is that they seem to be doing two very different appraisals, and the information that you were going to get back was going to be apples and oranges, and our suggestion to the folks across the table from us is work on getting one scope of services to present to both of the appraisals so that when you get back the appraisals, you have something that you can really compare as opposed to having something that is apples and oranges. That was our suggestion. And unfortunately, and I would say, with particular -- with one of the firms, it -- they're a very giant operation, and it takes a lot of time to get them to move and agree. We ultimately have now two different engagements with two different appraisals that have exactly the same scope of services. It's going to allow everybody then, when they get the information, to truly be able to compare apples to apples, and that was really the back -and -forth discussion that we had with your team, and it was a suggestion on our part that that's what should occur. With regards to the money, I will tell you, frankly, we had heartburn with regards to it, but that wasn't what was leading the issue, and we ultimately agreed to pay the money. But what was leading the discussions was ensuring that there be a scope of services that everybody could agree to that each of the firms were looking at exactly the same thing, and that's what transpired in those meetings in the back and forth, and I think, unfortunately -- I mean, some of these firms take a little bit longer than we would want, but it certainly was not a lack of diligence. I think you can ask your staff -- every single meeting that they asked us to be there, we are there; we're on time; we're ready, willing, and able to work, and we look forward to working with your team and the team that this Commission has picked to get to an end line that we think will be in the best interest of the City of Miami. Chair Russell: Thank you. Vice Chairman Gort. Vice Chair Gort: Let me ask a question. Mr. Perez: Yes. City of Miami Page 177 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Vice Chair Gort: They're going to do these surveys, they're going to come up with price of the land and what the rent should be. Do they understand the change of zoning is going to have to take place to build what they want to build, and that will change completely from the -- doing it from the park? Mr. Sarnoff• Well, correct, Commissioner. What we're doing is we're assuming -- we make certain assumptions for the appraisal. You assume a certain zoning code. You -- as you know, you can't have residential there. As you know, there's the -- what? -- cone of safety; all those things get factored into what they call the zoning of the property. But once we get to whatever the zoning of the property is, we then determine that to be the highest and best use of thatproperty. Vice Chair Gort: My understanding is, is when the building, which is pretty large, there's a hotel, 720 rooms, and there's going to be a shopping center, so -- Mr. Sarnoff• That's envisioned. I mean, that's certainly envisioned. You're absolutely right. Vice Chair Gort: Well, that's (UNINTELLIGIBLE) -- Mr. Sarnoff Right. Vice Chair Gort: -- for everyone. Okay. Chair Russell: Thank you, Commissioner. Commissioner Reyes. Commissioner Reyes: Yes. Madam City Attorney, obviously, there's a lot of contradictions here. There is no transparency, in my opinion. There is no good faith. Can I make a motion to --? Chair Russell: I believe we have a motion on the floor. Commissioner Reyes: No. You have a motion that -- to bring it next Commission meeting. But can I make a motion today that -- to vote against this contract, the way it is, and to open up the park for (UNINTELLIGIBLE) fee -- RFP for the park? Ms. Mendez: So unless you declare this an emergency -- remember that no pockets can be of a fiscal impact. This right now project, the fiscal impact to the City -- we were at least on the bare bones deal -- is 3 million in rents and 40 million in a tax base, and all that. So there are things that -- that's why you can't vote on this today, because it's just a discussion item. Commissioner Carollo: I'm sorry, Madam City Attorney. The fiscal impact has to do if we vote for something that has not been duly placed on the agenda that is going to cost us money out of our pocket, we're going to pay. For instance, if we vote on giving a million dollars to Virginia Key Trust, and that is not on the agenda today if we did that, that would be a fiscal impact that would cost us money. But what you're describing, that's not going to cost any money, because all this is speculative, and when we're going to get it. Who knows if we even reach a deal? Furthermore, if you put it to a Request for Proposal, you might get a heck of a lot more than anything that we end of negotiating now. Who knows what ideas might come up? So, on that aspect of it, I have a strong disagreement, because there is no fiscal impact on that decision. Chair Russell: Could I get a clarification, though? The motion that's on the floor has to do with a decision at the next meeting. Is that what you had asked for? City of Miami Page 178 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Reyes: The next meeting. But according to all the information that I have been receiving, it is -- they are telling me that it won't be -- it is not possible next meeting or meeting after next, of the next, of the next. It is going to take maybe four -- three, four months, whatever. Maybe the referendum that they want to do at the recall, Joe -- Mr. Joe Carollo will take place. Maybe we won't be here. You know, seeing that, and hearing all the contradictions, I'm willing to retire that motion, and make a motion to vote against this contract and open for -- Melreese for an RFP. Mayor Suarez: There's no contract, Mr. Chair. Vote against what contract? Commissioner Carollo: Excuse me? Mayor Suarez: There's no contract. Vice Chair Gort: Mr. Chairman? Mayor Suarez: Wait. I don't understand. Chair Russell: Just a moment; let's clarify. So, Commissioner Reyes, you'd like to make -- you'd like to withdraw your original motion. You'd like to make a motion today. I'm sorry. Okay, just to clarify what that motion is, to vote down a contract and open an RFP process? Commissioner Reyes: What we have been presented to us, which was (UNINTELLIGIBLE) presented at -- Chair Russell: We haven't been presented anything yet. Mayor Suarez: Exactly. Commissioner Reyes: Well, they have received it. You see? They have received it, and they -- the Administration didn'tpresent it. Chair Russell: Understood. Before I ask for a second, Commissioner -- Vice Chairman Gort. Vice Chair Gort: Commissioner, I understand where you're coming from, but this is a legal matter. I'm not an attorney. They've got plenty of attorneys here that can give them the conclusions, but unless -- my understanding, what the people voted for is to negotiate a contract, and I want that to be done before I leave here, because I -- from the beginning -- from the very beginning, I said I was against it, even before it came in front of us. I informed people I was against it. What I would like to get information -- now we have everyone on board, I'd like to get the contract as soon as possible, before I leave. Mayor Suarez: Do the best we can. Vice Chair Gort: Because I want to be able to vote on this. All right? Mayor Suarez: We'll do the best we can. Vice Chair Gort: Because what you do -- if we take a decision right now, you're going against what the people voted for. Commissioner Reyes: Okay. City of Miami Page 179 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Vice Chair Gort: So we might be -- end up in court again. I will not be here, and there'll be another case coming up. Commissioner Reyes: Okay. That is a valid point. Then what we have to do is set a date that we are going to vote on this contact. Set a date, and bring them before you leave. You see? From what I heard, according to Mayor, it won't be -- we meet more than 60 days. You know, we are about 30-some days from the election, something like that; maybe 45 days from election. So they're going to say, "Oh, I'm sorry, Willy. It didn't happen. Goodbye. " And whoever comes -- I don't know who will come, you see. I don't know if all the other things that have been cooking around is happen. So I would love for you to be here for that vote; that's why I want to set a date that it -- Madam City Attorney, can we set a date for a vote? Ms. Mendez: You can -- the original question that you had asked me was can you vote on this item, whether to proceed with negotiations -- Commissioner Reyes: I -- Ms. Mendez: -- whether or not. You can put -- you could place that item on September 26 -- Commissioner Carollo: Mr. Chairman? Ms. Mendez: -- and you can -- all these options that you're thinking. Request the management to do an RIP -- Commissioner Reyes: But on September 26 -- can we make it effective September 26 if -- or maybe not to sound like that -- the first meeting in October. Make it certain that we are going to make a decision on this thing. Ms. Mendez: You can make a decision on this item as long as you notice it, so the people can talk, people can speak on the item. Commissioner Reyes: Okay. Well, let's -- Ms. Mendez: So on September 26, if you want to -- Commissioner Reyes: Good. Chair Russell: Just a moment. Ms. Mendez: --you can place this -- Chair Russell: Vice Chairman. Ms. Mendez: -- on an agenda. Commissioner Reyes: Yeah. Mayor Suarez: Mr. Chairman? Chair Russell: Just a minute. Vice Chairman has (UNINTELLIGIBLE). Mayor Suarez: Okay. Go ahead, Mr. Vice Chair. Vice Chair Gort: You're working for us. City of Miami Page 180 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mr. Sarnoff.• Right. Vice Chair Gort: When do you believe you can have the contract ready? Because you already have half of it, and he's got half of his done, and we should be -- get the other consultant coming up with information for the second meeting in October. Commissioner Reyes: (UNINTELLIGIBLE). Mr. Sarnoff I think it's viable, Commissioner Got. And what I would say to you is even ifyou vote this down, or you decide to go out to RFP, all the information, which they're paying for, is all the information you're going to need regardless of what you do in the future. You're going to want to know what the remediation's going to be. You're going to want to know a traffic study that you commissioned. You're going to want to know what is the proper amount of rent --forgive me -- fair market value -- Vice Chair Gort: Right. Mr. Sarnoff.• --of this property. If you wanted to be diabolical, so to speak, why not make them pay for it, and why not get that information? Give the guys as much time as possible, make them come to a conclusion; force us to go back to them and say, "The Commission has given us a directive that it must be by this date. " And that at least gets you useful information, regardless of what you do, (UNINTELLIGIBLE) by somebody else. Vice Chair Gort: By when do you need the information, so you can come up with a conclusion, come up with a contract? Mr. Rai: Commissioner, there's a notice provision, as well, that we need to provide notice and release the contract, as well, in advance before there's any voter discussion on it, as well. Taking that into consideration, every day you can give us before this Commission -- before you leave the dais, I think is valuable. I think someone in the crowd said 57 days. If we came back here 56 days from today to present a contact for a vote and discussion, I think -- I can assure you that both Shutts and Bowen, O Melveny and Meyers, Fowler and White, and Holland and Knight, Greenberg Traurig, those on the MFP side, will work around the clock to get to that deadline date. Commissioner Reyes: Sir, excuse me. 56 days is, I mean, is after the election. We want this to be in -- I wish it will be next meeting, 14 days, but if not, I want it to be the first, first -- Because just in case that we have to postpone it or defer it, the first Commission meeting in October. Mr. Rai: My only suggestion, if you -- again, it's -- obviously, it's your decision. If we can get up to one day before that election --just every date we can get there, and you have your notice provision, and you can vote on it. Every day we get is (UNINTELLIGIBLE). Commissioner Reyes: You're going to -- Mr. Rai: But I'll take what you'll give us. I mean -- Commissioner Reyes: -- have more than 30 days. Mayor Suarez: That's not going to happen. Commissioner Reyes: You're going to have more than 30 days. City of Miami Page 181 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mayor Suarez: It's not going to be -- it's not possible in 30 days. Commissioner Reyes: Well, then we will do what we have to do, I mean, and -- Mayor Suarez: And I will do what I have to do, too. Commissioner Reyes: -- that's it. Mayor Suarez: And I will veto it. Commissioner Reyes: That's right. Mayor Suarez: I will veto it. Commissioner Reyes: Okay, but that's -- Mayor Suarez: (UNINTELLIGIBLE) you asked me to put on the record when I veto -- I will veto that. Commissioner Reyes: That's right, you will veto it, and then we will keep on fighting this until -- Mayor Suarez: That's fine. Commissioner Reyes: But I -- you're going to be there, anyway, if it is (UNINTELLIGIBLE). You want this. You want it. Chair Russell: All right. So -- Commissioner Reyes: You really want it. Mayor Suarez: The citizens of Miami want it, Commissioner. Commissioner Reyes: Citizens of Miami wanted a -- Miami was very misled. Mayor Suarez: No. Commissioner Reyes: Not -- I'll bet you now it won't pass. Mayor Suarez: No. It'll pass by a bigger margin. Commissioner Reyes: When can you bring it to the --for a vote? Chair Russell: Who are you asking, Commissioner? Commissioner Reyes: I'm asking the -- Vice Chair Gort: The attorneys. Mr. Perez: The question is, when can we bring the contract to vote, and the -- Mr. Sarnoff: I've looked at this a little bit, Commissioner Reyes, and I thought November I was a Friday; I believe you meet on the Thursday before. You would have to do business on that Friday. It probably has a respect -- well, you would decide whether it has respect due for its own meeting. It gives you well in advance of the November S vote, I think? City of Miami Page 182 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Reyes: That's right. That will be when? Mr. Sarnoff: Friday. Friday, November 1. Commissioner Reyes: Friday -- Mr. Sarnoff November 1. Commissioner Reyes: -- November 1. Commissioner Carollo: When's the election? Chair Russell: November 5. Commissioner Carollo: The 5th. When's the runoff? Vice Chair Gort: Two weeks. Commissioner Reyes: But if you have to defer, you won't have time. Vice Chair Gort: Two weeks. Mr. Hannon: November 19, Commissioner Carollo. Commissioner Carollo: 5th and the 19th. Mayor Suarez: Plus five with --for swearing in, right? Plus five is -- Mr. Hannon: That is correct, after we get the final election results. Mayor Suarez: Right. So it's -- Mr. Hannon: Certified election results. Mayor Suarez: -- the 24th. Commissioner Carollo: Five days -- Mayor Suarez: They have till November 24. Vice Chair Gort: November is only one meeting. Mayor Suarez: Right, but you can do it in the November meeting. Vice Chair Gort: One meeting. Mayor Suarez: You can do it in the November meeting. Vice Chair Gort: Won't be here. Commissioner Reyes: But -- Mayor Suarez: Won't have to call -- Commissioner Reyes: --but -- Mayor Suarez: You can do it in the November meeting. City of Miami Page 183 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Reyes: -- Commissioner Gort, my fear is that the way that this has been played and we are in -- dealing with very sleazy, very sneaky type of -- no, no, no -- of policies, okay? I'm not saying 'people. " Chair Russell: Decorum. Commissioner Reyes: Okay. Vice Chair Gort: Decorum. Commissioner Reyes: No. You see -- Commissioner Carollo: Or remember that when you get people coming up here -- Commissioner Reyes: -- that you can do this and that -- Commissioner Carollo: -- who talk against me. Commissioner Reyes: -- I mean, what we are doing, it is -- it could be probable that they will ask for -- they can ask for a deferral; you won't be here. Chair Russell: Thank you, Commissioner Reyes. So -- Commissioner Hardemon. Commissioner Hardemon: Maybe then October is a good time. Put it on the -- on one of the October agendas. That way, you'll have time to consider it, and then you can come back again in November. Commissioner Carollo: I was going to suggest that. Commissioner Reyes: Absolutely, absolutely. Commissioner Carollo: I'm glad that new look of yours is helping us out. I was going to suggest that -- Chair Russell: So -- Commissioner Carollo: -- the last meeting in October. Chair Russell: -- gentlemen, obviously, the sooner, the better, because if there is further negotiations to be had, the first offer that's put to you, even though it's been negotiated by the Administration, the chance of that being perfect for this body is slim. Right? It's none for many, and it's slim for some. So the sooner we could see it, the better we could have a chance in case it needs to be sent back again for a counter negotiation and brought back. But the problem here is the sheer amount of information that needs to be gone through very carefully in their own deliberation and negotiation before it's brought to us -- I'm not into setting arbitrary deadlines, but I certainly respect the concept of trying to bring this within this election period. Mayor Suarez: Mr. Chair? Chair Russell: For me, I would vote on it before or after, you name it, and the issues that are important to me that I've stated before on the record before this was put on the ballot are very key to me. And so, whether those are -- I haven't heard anything yet. I haven't been briefed once yet on any of those things with regard to the true value of the property; the no -net -loss issue, which is paramount to me. That one is super key. And I want to reiterate at this point that it was stated, and it should have City of Miami Page 184 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 been in the term sheet and back at that point, that the amount of park space to be made up for must be agreed upon and found prior to this lease being signed, and those -- that new park space must be completed before they're given a certificate of occupancy down the road, and that's very -- that's a big ask. Commissioner Reyes: And also, you said that it has to be contiguous; have to be contiguous. Chair Russell: I've never said that. Commissioner Reyes: You did. Chair Russell: No, no. I -- in fact -- Commissioner Reyes: You did. Chair Russell: Let me be clear, because I would like this result in new parks throughout the City -- Commissioner Reyes: Yes. Chair Russell: -- you know, of all sizes, of whatever shape -- Commissioner Reyes: Oh, yes, yes, yes. Chair Russell: --for all of our districts. Commissioner Reyes: I have a circle by my house. Mayor Suarez: Mr. Chair? Chair Russell: Real parks. But if I could, Mr. Mayor, just the value, the no net loss of parks, finding those parks that will be used to make up for that amount of acreage lost, full remediation; the First Tee Program, which we haven't mentioned of, that they are fully taken care of -- I know we've spoken of that in the past; the $1 S an hour. All these things have to be baked into this lease and brought to us in a way, even before we vote on it, that we're briefed on it and well -- I mean, they should be talking to us now, in my opinion. Commissioner Reyes: My -- Chair Russell: Because I'm -- we're in the dark until it comes to us for a rubber stamp, and the chance of that being exactly perfect is tough. Commissioner Carollo: You're -- Chair Russell: That being said -- Commissioner Carollo: -- right in what you're saying. Commissioner Reyes: That's right. But that's why I make -- I emphasize why the red lines. When the red lines were received, and Commissioner [sic] Sarnoff stated that they gave the red line through the -- to the City Attorney, we should have received it, and that it should have been sent back to them for review. You see? Chair Russell: Understood. City of Miami Page 185 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Reyes: Because that -- I mean, it seems to me there is -- I don't know if it is a plan or (UNINTELLIGIBLE), but it is a delaying process. Chair Russell: Understood. And I just wanted to finish my point before I hand it over to the Mayor. Those things that are important that I've brought up, whether it's before the election or after the election, regardless, if those things don't meet our satisfaction as a body, I'm a "no " vote, but I'm prepared to vote on that before or after. But I want them to bring the best possible deal more importantly than a rushed deal. And so, I'm trying to respect the process. This was a very good exercise today to really study the delays, because I wasn't familiar with the delays on the other side. I certainly do give credit to this side, because we did a lot of delay ourselves in the selection process. And so, you know, I kind of understand where we are at this point, but I would like to see it come sooner than later, and I want us to be briefed sooner than later. Commissioner Carollo: But -- Chair Russell: Mr. Mayor. Mayor Suarez: I have no issue with that. I think, as long as the consultants can get their reports done on time, they can be brought on the second meeting of October; I think that's fantastic. I mean, we -- Commissioner Reyes: First meeting in October. Mayor Suarez: -- we'd love to get it as quickly as possible. I have no issue with that. I just -- I'm hopeful that the -- you know, they don't control how long the consultants take to do the studies. So if they started today, like tomorrow -- right? -- if -- I think the money has been paid and they start tomorrow, that takes a timeline. I don't know how long it's going to take. I suspect that after this meeting, the first thing they're going to tell their consultants is, "You better hurry up, because the Commission is extremely frustrated with how long this has taken, " and that's fine. But, you know, if we can do it by October 24 -- Is it October 24? Commissioner Reyes: Yes. Mr. Hannon: The second meeting in October. Mayor Suarez: Yeah. Mr. Hannon: Yes, sir. Mayor Suarez: And by the way, that also really implies a little bit before that, because when is the agenda deadline? When is the print deadline for that meeting? Mr. Hannon: There's a holiday on October 14, so I'm going to say October H, but the Agenda Coordinator can correct me if I'm wrong. Chair Russell: There's no way. Mayor Suarez: That's 14 -- that's 13 days before October 24. Commissioner Reyes: Well, I -- now I have a motion to bring it October 24, ready for a vote. Mayor Suarez: Mr. Chair, if I may? I don't really want to have a contentious situation with this board. I think that I can call a special meeting, the board can call City of Miami Page 186 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 a special meeting. I would not put it on October 24, because the agenda deadline is October 11, and I don't think it's reasonable that we're going to negotiate a billion - dollar deal with three consultants that this Commission has required to be chosen by their independent lawyers, independent consultants; that all that's going to be wrapped up in 30 days. I don't think that's reasonable, and I don't think that's in the best interest of the residents of the City of Miami, and I don't think that's going to produce the best deal. And frankly -- Commissioner Carollo: But you know -- Mayor Suarez: -- I'm not even sure it's constitutional -- Chair Russell: Vice Chairman Gort. Mayor Suarez: -- because -- Vice Chair Gort: I think we can call a special meeting any time. Chair Russell: Yes. Mayor Suarez: Of course. Vice Chair Gort: Okay? The -- Chair Russell: Madam City Attorney -- Vice Chair Gort: -- important thing is to get all the information. Now, my question is, there's different groups. Who's the director? Mayor Suarez: Sorry? Vice Chair Gort: Who's the conductor? Mayor Suarez: You guys. Vice Chair Gort: You got to have someone that's going to bring everybody together. Is that going to be you? Mayor Suarez: Mr. Chair, if I may answer that? Commissioner Reyes: It is -- Eddy Leal is the one that is running the -- Chair Russell: Let him answer, please. Mayor Suarez: Let me try to answer your question, Commissioner. Vice Chair Gort: Okay. Mayor Suarez: You have selected attorneys, three capable law firms, to negotiate this deal on behalf of the City. They have selected three capable independent companies to give them information on very technical things that I don't even know how anybody could even say it's a good deal or a bad deal, if we don't even know what the property's worth. So nobody here's an expert, other than the people that are chosen, and by the way, are spending hundreds of thousands of dollars to choose those people. So I find that a little bit comical. But I'm certainly involved. I go -- I try to attend all the meetings. Your staff has attended some meetings on the environmental. Your staff, Commissioner Reyes, has attended meetings. All the City of Miami Page 187 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 meetings are open to the staff. There's a problem with Commissioners attending the meeting because of sunshine, but we can have a rotation of Commissioners attending meetings, and they can all attend meetings if they'd like, but -- Vice Chair Gort: Mr. Mayor, the reason I asked the question is I need someone -- yourself or whoever you assign -- to make sure you talk to all those people and they get the work done. Mayor Suarez: I have no problem pushing them. I will continue to push them. You chose them; I'll push them. Chair Russell: Madam City Attorney, how does the standing resolution read with regard to the arbitrary deadline about the lease coming to this body? How does it read? There's a standing resolution before -- because your motion is setting a new deadline. I want to hear how the existing resolution reads. Ms. Mendez: The existing resolution said, "Further directing the City Manager to present any negotiated lease for review, consideration and approval by the Miami City Commission, no later than September 12, 2019" -- Chair Russell: Got it. Ms. Mendez: -- "City Commission meeting. " Chair Russell: Got it. So we are now surpassing that deadline, and Commissioner Reyes would like to set a new deadline. Commissioner Reyes: (UNINTELLIGIBLE). Ms. Mendez: But your microphone -- Chair Russell: Commissioner -- Commissioner Reyes: I felt, particularly, Mr. Gort, (UNINTELLIGIBLE) no later -- the vote, no later than the second meeting in October. And if it has to be moved, has to be moved only to the first meeting, if it have to be moved. And we will vote whatever we have, and that's -- let me tell you, if this is -- it's simple (UNINTELLIGIBLE). It's a real estate deal that has been lingering around, and you even agree that the first contract that was given to us, it was horrendous, but I never heard from nobody make a comment about it. Nobody made a comment. And you did the red lines, and you gave it to her about a month ago, right? Mr. Sarnoff The end of July (UNINTELLIGIBLE). Commissioner Reyes: At the end of July. And nothing has been done about it. Nothing -- Mr. Sarnoff Well, it's -- Commissioner Reyes: -- has been done about it -- Mr. Sarnoff -- there were -- Commissioner Reyes: -- and that is a concern that I also have. I want to (UNINTELLIGIBLE) that. I would like weekly, weekly reports on how the negotiations are being conducted. City of Miami Page 188 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mayor Suarez: Mr. Chair, if I may? Mr. Sarnoff So that -- Chair Russell: Who asked to speak? I'm sorry. Mayor Suarez: No. Go ahead, go ahead. I yield to the Commissioner. Vice Chair Gort: No, go ahead. Mayor Suarez: No, no. Go ahead, Commissioner, please. Go ahead. Chair Russell: Well, we have a motion to bring -- to -- directing the Management to bring a lease on the second meeting of October. Is that your motion? Is there a second? Commissioner Reyes: (UNINTELLIGIBLE). Mayor Suarez: And Mr. Chair, if I may, on that motion? Chair Russell: Yes. Mayor Suarez: I would recommend that we take Commissioner Gort's advice, and that we potentially calla special meeting for some point beyond that. The reason why is because the agenda deadline for that October 24 meeting is October 11. That means we don't even have a month -- it's September 12 -- to conduct the studies that this Commission has commissioned, that this Commission has required. This is not a simple real estate deal, at all. This is a billion -dollar real estate deal with a contaminated piece of property, and it's a golf course. It is anything but simple. And it required a referendum. It is -- the definition of "complicated" is this real estate deal. And so, I can tell you, it's politically complicated. It's complicated on -- Commissioner Reyes: Yes. Mayor Suarez: -- every level, so I would not recommend that we do it on October 24. I would recommend that we follow Commissioner Gort's suggestion that we call a special meeting; maybe sometime early November. Commissioner Reyes: Special meeting. How long before the special meeting you have to have the agenda ready? Mayor Suarez: I think it's five days, if I'm not mistaken; maybe three. I think it's a reasonable amount of time. Mr. Hannon: That's the noticing part for a special meeting. I don't know of any requirements for the agenda. There's no five-day rule -- if I'm not -- Madam City Attorney, correct me if I'm wrong, but I do not believe there's a five-day rule for special City Commission meetings. Ms. Mendez: For the special, no. Special meetings, no. Mayor Suarez: That buys me more -- buys them more time. Ms. Mendez: (UNINTELLIGIBLE) five-day rule. City of Miami Page 189 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Reyes: Could that special meeting -- if we decide that we want to do it on a special meeting, the day after the November -- the October meeting, then you will have only five days to include it in the -- Mr. Hannon: Preferably, a special meeting only requires 72 hours' advanced notice Commissioner Reyes: Okay. Then we -- Mr. Hannon: --and there's no five-day rule. Commissioner Reyes: -- still can do it in November -- in October or at the beginning of November. Later... Mayor Suarez: Mr. Chair, if I may? Chair Russell: Mr. Mayor. Commissioner Reyes: Okay? Mayor Suarez: And I'm just going to say it, because I have to push back a little bit on that. This deal was supported by this Commission. It was put on the ballot by this Commission. The residents of the City of Miami supported this deal by overwhelming amount in all -- Commissioner Reyes: (UNINTELLIGIBLE). Mayor Suarez: No, no, no, no. Chair Russell: Let him finish, then you can rebut. Mayor Suarez: If you want me to nuance it, I'll nuance it for you, okay? They overwhelmingly, in all five Commission districts, supported the right to waive competitive bidding and to negotiate a deal. Commissioner Carollo: (UNINTELLIGIBLE). Mayor Suarez: At no point did they set a timeline, did they say you have to negotiate it with certain Commissioners who might be in favor, certain Commissioners who might be against. None of that was involved in the question. Okay? The question was simple: "Will you waive competitive bidding, and will you negotiate the best deal based on these minimum parameters?" And the answer was overwhelmingly yes, " in all five Commission districts. Now, that we want to set arbitrary deadlines, that is up to this Commission. I'll decide whether I want to veto it or not. I'm not sure that I will veto it, because I think the best thing to do is to work with the Commission and, frankly, have the discussion item on October 22, give you a status update. Hopefully, the status update will be we're basically ready to present this contract to the Commission. Let's pick an early date in November as a special meeting date, and we'll up-and-down vote it. Commissioner Reyes: In other words -- Mr. Mayor, in other words, if -- here comes the last meeting of October, and you will say, "Okay. I'm not going to" -- I mean, "We're not ready, " because you claim that you're not ready, and you're the one that is driving this carriage. "We're not ready, and I'm not going to bring this before the City of Miami Page 190 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commission. And if you vote, I will veto it. " I mean, you can extend this until 2024, if you want to. Mayor Suarez: Yeah. I mean -- Commissioner Reyes: You see? And I don't think that is right. Chair Russell: Vice Chairman. Mayor Suarez: You're entitled to your opinions. Commissioner Reyes: I don't think that is right. Chair Russell: Vice Chairman Gort. Vice Chair Gort: My understanding is, when we have a meeting, if we can come here on the 24th and get some information. And if we don't agree with the information that we receive, my understanding is, we can ask for a special meeting the next following week, which will be the 31st of October; will be Halloween, a great day to have the meeting. It's a Thursday, on the 31 st of October. Mr. Hannon: Yes, sir, you're correct. October 31 is a Thursday. Vice Chair Gort: We can start early in the morning. Commissioner Reyes: (UNINTELLIGIBLE) rather do it the next Monday. Chair Russell: We don't need to decide that now, though. Vice Chair Gort: We don't need to decide that. We can decide that on -- Commissioner Reyes: Okay, okay. Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: So the direction is to bring back an update at the second meeting in October. Vice Chair Gort: Right. Chair Russell: Work with each Commissioner who wants it, even leading up to it, so they have full transparency and knowledge of what's being negotiated, and we can -- Mayor Suarez: Mr. Chair, I want to add to that. Chair Russell: Yes, Mayor. Mayor Suarez: I do agree with the weekly updates. I think we should provide weekly updates to the Commissioner on the status. I want the Commission to know that their staff members are welcome at any of the meetings that we have upstairs. And frankly, if the Commission wants to rotate and themselves be present, I'm perfectly fine with that, as well. I think we would benefit from their input. Chair Russell: Thank you. So is this clear -- the Management's clear on the directive? Vice Chair Gort: Yes. City of Miami Page 191 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: We don't need to vote on this item. Commissioner Carollo: Where -- Chair Russell: Commissioner Carollo. Commissioner Carollo: --is the Manager? Something -- Mayor Suarez: I think his grandson is here, and he went to see his grandson. Commissioner Carollo: Is he going to be back or --? Mr. Napoli: He's going to be back, Commissioner. He just went to the restroom. Just a (UNINTELLIGIBLE) Commissioner Carollo: Okay. Chair Russell: All right. Commissioner Carollo: Look, I want to be very, very clear on the record. A lot of statements have been made that are not fully accurate. Number one, this Commission had delay because we were being responsible in making sure that we were going to get the best firms, making sure that they were going to be independent, and making sure that we would have a process, as has been established. The problem here really lies of why we've had this discussion today; that the Beckham Group has purposefully, purposefully slowed this process down. They did not want a vote until after the election. It is clear from everything that we've heard here, all the testimony we've heard that this got stalled for maybe as much as 10 weeks, certainly eight, because they did not want to agree to what was voted upon by the voters of Miami, that they would pay for any firms that would be hired to do any kind of studies there. So I want to make that perfectly clear, what has happened here, and why we're in the situation we're in today. Having said that, this Commission is free to make, like always, any decision it wishes. I, for one, understand that this is not going to be something that's going to be truly voted upon on the new date that we've established. While this is a complex issue, because of the size and the scope of what we're dealing with, these companies that we have, they're big boys. If they want to finish a study in 30 days, they can do it. Chair Russell: Vice Chairman. Vice Chair Gort: You finish? And I keep saying this, you know. Maybe I'm a frustrated lawyer. I wanted to be a lawyer. I never had the chance to go to school, or the money to go to law school, or the time to go ahead and do it. Maybe I'll do it after I retire in November, so I'll go back to school again. But the thing I'm looking at is I want to have -- make sure that whenever we make a decision that that decision is based on the most information that we have received, because any decision that we make, without any actual information, what's going to happen? We're going to go to court, and that's going to even delay it even more. Commissioner Reyes: You got it. Vice Chair Gort: So that's why I want to make sure that we --just like we do in any zoning matter, let everybody speak, let everybody bring up the subjects, and then we vote on it. I promise I'm going to vote on it in November. Commissioner Carollo: Yeah. The deadline -- City of Miami Page 192 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Vice Chair Gort: Before I leave, I'm going to vote on it. Commissioner Carollo: The difference here, Commissioner, is that they don't have a guarantee; that we have to agree to whatever amount they think is fair. And to correct something that the Mayor said, the voters approved for us to negotiate. Commissioner Reyes: Nothing else. Commissioner Carollo: That's what they voted upon. Vice Chair Gort: Yeah. Commissioner Carollo: And they've given us the trust to do it whichever way we see fit, and this is what we're doing. Simple. Chair Russell: Thank you. Commissioner Carollo: If we decide that we need to put -- to bring this to a close "X" amount of days, there's nothing that the voters said there that says differently, that we can't do it. Chair Russell: Thank you, Commissioner. All right. Can we bring this item to a close? Any further discussion? All right. Thank you very much. We're going to move on to DL10, Commissioner, as was promised to you earlier. Commissioner Carollo: I appreciate it. Commissioner Reyes: Wait, wait, wait, wait. What are we going to do? It's going to be brought backfor a vote when? Chair Russell: The end direction to the Management was to bring back a discussion item on the exact -- Commissioner Reyes: Oh, no; no discussion. Chair Russell: -- on the 24th of October. Commissioner Reyes: On the (UNINTELLIGIBLE) ready for vote. Chair Russell: No, I don't believe that was where we ended up here. Commissioner Reyes: No. Chair Russell: I'd like to get clarity then. Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: Because the direction to the Manager -- Commissioner Reyes: The only thing -- what they're going to do, they're going to do the same thing -- Chair Russell: Yes. Commissioner Reyes: -- they're going to do the same thing that they did now. City of Miami Page 193 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Yes. Commissioner Reyes: That I want -- Chair Russell: They'll give us the new update. Commissioner Reyes: No. I want the 24th -- Chair Russell: I thought -- Commissioner Reyes: -- be ready for voting. Chair Russell: Just a moment. I thought we were going to heed Commissioner Gort's recommendation to call a special meeting, if necessary, before the election -- Commissioner Reyes: Okay. Chair Russell: -- after the (UNINTELLIGIBLE). Commissioner Reyes: Fine. If we cannot vote on the 24th -- Chair Russell: We will call a special meeting. Commissioner Reyes: -- we will call special meeting. Chair Russell: Yes. Commissioner Reyes: Okay. That's what I wanted here. Chair Russell: I think that was clear. Commissioner Reyes: Okay. No, no. That is clear. Chair Russell: Yes. Commissioner Reyes: We cannot-- now -- and Mr. Mayor --Manager, I want you to understand this, because (UNINTELLIGIBLE) -- I mean, I have the idea that you didn't understand the resolution that we passed with that arbitrary date that everybody agree with it. You see? But I know. I agreed with it, and the hell with it. Later on, I don't care. You see? We'll move it. And make sure that you understand what we're talking about here. Mayor Suarez: Mr. Chair, if I may? Commissioner Reyes: You see? Chair Russell: Mr. Mayor. Mayor Suarez: Yeah. And I just want to be clear that that leaves us with less than 30 days to get the environmental, traffic, and appraisal done, and a deal negotiated to put it on an October 24 deadline -- agenda by October 11, and that is not likely to happen. So I just want to be fair and I want to be transparent. You want me to -- you asked, so I'm going to be honest with you and straightforward with you. I'm not saying it won't happen; it may happen. Commissioner Reyes: Well -- City of Miami Page 194 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mayor Suarez: It's possible, but it's -- I wouldn't call it likely. Commissioner Reyes: -- if I may, I want the motion to read that we will bring it ready -- I mean, it will be ready by the 24th. If it is not ready, we will call -- Mayor Suarez: Call a special -- Commissioner Reyes: -- a special meeting that won't be -- that got to be before the November election. Mayor Suarez: You can do whatever you want. I mean -- Commissioner Reyes: No. But I mean, that's why I'm placing -- Mayor Suarez: I mean, I don't agree with it, but you can do whatever you want. Commissioner Reyes: No, no. I know that you're going to do whatever you want to, and then you're going to see that -- Mayor Suarez: You're right, (UNINTELLIGIBLE). Commissioner Reyes: -- a way of extending this. Vice Chair Gort: Decorum. Mayor Suarez: I'm going to do what the voters elected me to do. Vice Chair Gort: (UNINTELLIGIBLE) decorum. Chair Russell: All right. Please, please. Commissioner Carollo: Well -- Commissioner Reyes: They elected -- Chair Russell: Commissioner, Commissioner -- Commissioner Reyes: Hey, they elected me also to do what (UNINTELLIGIBLE). Chair Russell: Stop, stop, stop. Gentlemen -- Commissioner Carollo: What -- Chair Russell: -- we weren't intending to do a motion, Commissioner Reyes. I want to know clearly if you would like to try to pass a motion. We have directed to the Manager as a body. I believe that is sufficient. They have clear direction to bring back information on the 24th, and bring a special meeting afterwards -- Commissioner Carollo: Look -- Chair Russell: -- before the election. Commissioner Carollo: -- Commissioner -- Commissioner Reyes: Yes, (UNINTELLIGIBLE). City of Miami Page 195 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Carollo: -- Gort, did you hear what the Mayor said? He clearly stated that it's not likely that this is going to be ready. So -- Commissioner Gort: Well, I understand. He -- he's trying to be careful, but I think we -- I talked to the attorneys. The attorneys are working for us; not for them. And we need that information. I said, I'm going to -- I want to vote on an item before I leave; being ready or not being ready. I just want to make sure that whenever we make a vote that we have the most information. At the same time, my understanding is the County is doing some analysis, some additional studies, so hope [sic], we'll get those aboard, and I'm going to be talking to the County to make sure we get that information, also. Chair Russell: Thank you, Commissioner. All right. Are we done with this discussion item? Everyone's clear? All right. Vice Chair Gort: All right. Chair Russell: Thank you very much. Now -- Commissioner Reyes: Going to follow your lead. Chair Russell: Commissioner Carollo, the budget hearing starts in about 30 minutes, and that's the amount of time I'd like to offer you to work this out. Commissioner Carollo: I -- well, don't have 30 minutes left. I'm going to have about 20 minutes left. So I prefer then to take up whatever else we do, and we'll take this up after the budget meeting's over. Chair Russell: Fair enough. D1.2 DISCUSSION ITEM 6417 MAY BE DEFERRED Department of Real A DISCUSSION ITEM, TO BE HEARD BY THE MIAMI CITY Estate and Asset COMMISSION, REVIEWING THE ADMINISTRATION'S Management FINDINGS, RELATED TO OLYMPIA THEATER'S FUTURE OPERATION, WHICH MAY INCLUDE, WITHOUT LIMITATION, PARTNERING WITH MIAMI-DADE COLLEGE; RELEASING A REQUEST FOR PROPOSALS; OR, SOME COMBINATION THEREOF. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item DI.2 was deferred to the October 24, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item DI.2, please see "Order of the Day." City of Miami Page 196 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 D1.3 DISCUSSION ITEM 6221 MAY BE WITHDRAWN Department of Real A DISCUSSION ITEM OF THE MIAMI CITY COMMISSION Estate and Asset PROVIDING INFORMATION ON THE REVENUE Management GENERATED BY THE DRY STORAGE RACKS AT MARINE STADIUM MARINA. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item DI.3, please see "Order of the Day. " DIA 6223 DISCUSSION ITEM MAY BE WITHDRAWN Department of Real A DISCUSSION ITEM TO BE HEARD BY THE MIAMI CITY Estate and Asset COMMISSION, WITH ATTACHMENT(S), TO REVIEW A Management PROPOSED REVISION TO CHAPTER 50, ARTICLE VII — DERELICT VESSELS — OF THE CODE OF THE CITY OF MIAMI. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item DI.4, please see "Order of the Day. " Citv ofMiami Page 197 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 D1.5 DISCUSSION ITEM 6139 MAY BE WITHDRAWN Department of A DISCUSSION ITEM REGARDING THE POSSIBILITY OF Planning REINSTATING THE CITY OF MIAMI'S USE OF SPECIAL MASTERS TO ASSIST WITH HEARING CODE COMPLIANCE -RELATED CASES. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item DI.5, please see "Order of the Day." D1.6 DISCUSSION ITEM 6300 A DISCUSSION ITEM REGARDING A QUARTERLY REPORT OF EXPENSES INCURRED, BUT NOT REIMBURSABLE, SHALL BE Department of PRESENTED TO THE CITY COMMISSION. THE FINANCE Finance DEPARTMENT HAS DETERMINED AND IS REPORTING FOR THE QUARTER ENDED JUNE 30, 2019, THERE WERE NO GRANT EXPENSES INCURRED DEEMED TO BE NON -REIMBURSABLE BY THE RELATED FUNDERS. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Note for the Record. Item DI.6 was deferred to the September 26, 2019, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item DI. 6, please see "Order of the Day. " City of Miami Page 198 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 D1.7 DISCUSSION ITEM 6027 A DISCUSSION ITEM REGARDING KEYS TO THE CITY AND CITY Commissioners PROCLAMATIONS. and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Note for the Record. Item DI.7 was deferred to the September 26, 2019, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item DI.7, please see "Order of the Day." D1.8 DISCUSSION ITEM 6099 A DISCUSSION ITEM REGARDING THE OFFICE OF CAPITAL Commissioners IMPROVEMENTS. and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Note for the Record. Item DI. 8 was deferred to the September 26, 2019, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item DI.8, please see "Order of the Day." D1.9 DISCUSSION ITEM 6477 A DISCUSSION REGARDING THE CITY MANAGER, CODE, AND Commissioners BUILDING PROCEDURES/ENFORCEMENT OR LACK THEREOF. and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Note for the Record. Item DI. 9 was deferred to the September 26, 2019, Planning and Zoning Commission Meeting, with a time certain designation of 11:00 a.m. City of Miami Page 199 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Note for the Record. For minutes referencing Item DI.9, please see "Order of the Day. " D1.10 DISCUSSION ITEM 6476 A DISCUSSION REGARDING JUNE 13, 2019 AND JULY 30, Commissioners 2019 AS WELL AS RESULTING ASSOCIATED EVENTS. and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Note for the Record. Item DI.10 was deferred to the September 26, 2019, Planning and Zoning Commission Meeting, with a time certain designation of 11:00 a.m. Note for the Record. For minutes referencing Item D1.3, please see "Order of the Day" and "Public Comment Period for Regular Items. " Chair Russell: I would like to recognize Mr. Zietsman from the Arsht Center, please, as a public appearance. Commissioner Carollo: Mr. Chairman — Chair Russell: Yes, Commissioner. Commissioner Carollo: -- if I may, just before he speaks. I'd like to have two items to be time certain and discussion be later this morning or sometime in the afternoon. I'm talking about Item Number 10 on the agenda and Number 9. Chair Russell: 10 and 9. You have a preference, Commissioner, of when you'd like to deal with this? Commissioner Carollo: Well, you tell me. If you want to do it in the afternoon, I'll be happy to do it in the afternoon. Chair Russell: Well, my intention is for us to do a hard break at 5 p.m. with respect to the public for the budget hearings, so even if we haven't finished the regular agenda that 5 p.m. will be reserved for budget, and if we have to, we can come back to the regular agenda. Would you like to do it before or after the 5 p.m. ? Commissioner Carollo: I'd like to do it before the 5 p.m.; certainly one of them, which will be Number 10 in priority. Chair Russell: All right. This is discussion of the June 13 and July 30 item, so we will -- we'll definitely get to that before S p.m. Commissioner Carollo: I -- City of Miami Page 200 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: I can't give you a time -certain promise at this point; I think we have a pretty packed agenda, but I will make absolutely the best efforts to get to that item. Commissioner Carollo: Well, I -- Chair Russell: I have a feeling it will be discussed earlier than we even anticipate. Commissioner Carollo: -- would very much respectfully request that, because there has been a smear campaign against me, so many false -- Chair Russell: Understood. Commissioner Carollo: -- slanderous lies thrown at me that I want to clear this up where it begun [sic]. In fact, if I could take -- Chair Russell: I'll give you a time certain. Let -- Commissioner Carollo: -- a minute of your time? Chair Russell: Not at this point, please. Commissioner Carollo: Just one minute. Well, I'd like to ask the Chairman to please give me one minute now; it'll be quick, and then we could deal with it all in the afternoon. Chair Russell: Okay. Commissioner Carollo: Okay? Can I get a microphone? Is there a microphone here? Chair Russell: But I'm serious, Commissioner; one minute. Commissioner Carollo: Well, it's well -taken. Chair Russell: Because I'm absolutely happy to give you a time certain, which will give -- afford you a lot more time to discuss it. Commissioner Carollo: No, no. Say in a minute. Mr. Manager, can you come here and give me a hand, please? Chair Russell: Commissioner, this is your item. We're already getting into your item. Commissioner Carollo: No, no. This is -- Chair Russell: So, no. I really want to give you a leeway -- Commissioner Carollo: -- why (UNINTELLIGIBLE) -- Chair Russell: -- but this is not the time. Commissioner Carollo: -- and I want to get it out of the way. You gave me the minute. This is quick. Chair Russell: Okay, one minute. Commissioner Carollo: Mr. Manager, could you be so kind as to read this to the public, please? Here. City of Miami Page 201 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Emilio T. Gonzalez (City Manager): "Honorable discharge from the Armed Forces of the United States ofAmerica. This is to certify that Private Joseph Xavier Carollo" -- I won't read your Social -- "was honorably discharged from the United States Marine Corps on the 25th day of July 1974, and this certificate is awarded as a testimonial for honest and faithful service. D. L. Burgess, Chief Warrant Officer 3, United States Marine Corps. " Commissioner Carollo: Thank you very much. You see that -- Chair Russell: I understood. Thank you. Commissioner Carollo: -- this is fairly old, what you saw here, right? What does it say on the bottom, sir, on the side? Since the DD (Department of Defense) 214 was questioned so much -- On the left. Mr. Gonzalez: "DD 256MC. " Commissioner Carollo: Now, as a former colonel in the Armed Forces, you know that this is what's given to anyone that serve in any capacity in the Reserves, correct; not at 2214 [sic/? You have to have served at least six months of active duty to get a 2214[sic/ in your honorable discharge. Unidentified Speaker: I believe it's 90 days. Commissioner Carollo: No, it's six months. It's six months. Okay. For now, that's fine. Thank you. Chair Russell: Thank you very -- Commissioner Carollo: So anyone that wants to defame me, here you go. We'll make it public so you could see it; especially for all the young men that are here that weren't born when I received this. Chair Russell: Commissioner, thank you for your service. Are you looking for a time certain for DI. 10? Commissioner Carollo: Yes. Chair Russell: 11: 45. All right, that way, we'll deal with it this morning, if you like. Commissioner Carollo: Well, you're going to be short in 15 minutes. I prefer then that we go in the afternoon. I know that you've had a lot of pressure, tremendous amount ofpressure, I know, to try to curtail my statement today. Chair Russell: Not at all. Not at all. Honestly, sir, I really want you to have your moment. Commissioner Carollo: What I really would appreciate is at least a half hour for this afternoon. Chair Russell: All right. We'll deal with it after the time certain 2 p.m. then. We have a time certain at 2 p.m.; that'll be the first item we take up after that. Commissioner Carollo: Okay. Thank you. Chair Russell: Thank you very much. City of Miami Page 202 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Carollo: Who could I give this back to? END OF DISCUSSION ITEMS City of Miami Page 203 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 BC - BOARDS AND COMMITTEES BCA RESOLUTION 5544 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR Cierk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Keon Hardemon RESULT: NO ACTION TAKEN Citv ofMiami Page 204 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 BC.2 RESOLUTION 5545 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS Clerk AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon RESULT: NO ACTION TAKEN BC.3 RESOLUTION 5441 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE Clerk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon City Manager Emilio T. Gonzalez RESULT: NO ACTION TAKEN I Citv ofMiami Page 205 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 BC.4 6330 Office of the City Cierk BC.5 5547 Office of the City Cierk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: (Alternate Member) FRESULT: RESOLUTION NO ACTION TAKEN NOMINATED BY: Commission -At -Large A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon Citv ofMiami Page 206 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 BC.6 RESOLUTION 5839 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN Cierk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon RESULT: NO ACTION TAKEN Citv ofMiami Page 207 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 BC.7 RESOLUTION 5198 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS Cierk AS DESIGNATED HEREIN. APPOINTEES: (Voting Member) (Post -Secondary Education Representative) (School District Representative) (Children's Trust Representative) (Ex-Officio Non -Voting Member) (Ex-Officio Non -Voting Youth Member) RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Manolo Reyes Commissioner Keon Hardemon City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez Citv, ofMiami Page 208 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 BC.8 RESOLUTION 4 iL• _W1 Mae] W1100]►to] aIMMI=111JI/_lNIK01IWK016]LIEN*00]0I_1Z!1i11►111owe] =l0lr_110 Office of the City INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD Cierk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon IAFF FOP AFSCME 1907 AFSCME 871 RESULT: NO ACTION TAKEN Citv ofMiami Page 209 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 BC.9 RESOLUTION 5662 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS Cierk DESIGNATED HEREIN. BC.10 1599 Office of the City Cierk APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Citv ofMiami Page 210 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 BC.11 5451 Office of the City Cierk BC.12 6379 Office of the City Cierk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Keon Hardemon Commission -At -Large RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI COMPLETE COUNT COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Wifredo (Willy) Gort Commissioner Manolo Reyes Commissioner Keon Hardemon City Manager Emilio T. Gonzalez Citv ofMiami Page 211 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 BC.13 5199 Office of the City Cierk BC.14 5039 Office of the City Cierk RESULT: NO ACTION TAKEN I RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Keon Hardemon Commissioner Keon Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Youth Meinber) RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Citv ofMiami Page 212 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 BC.15 5452 Office of the City Cierk BC.16 5346 Office of the City Cierk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE SEA LEVEL RISE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: RESULT: NO ACTION TAKEN NOMINATED BY: City Manager Emilio T. Gonzalez Citv ofMiami Page 213 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 BC.17 5043 Office of the City Cierk BC.18 3693 Office of the City Cierk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE SENIOR CITIZENS' ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large Citv ofMiami Page 214 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 BC.19 RESOLUTION 5453 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD Cierk (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Wifredo (Willy) Gort Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon RESULT: NO ACTION TAKEN BC.20 RESOLUTION 5844 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD FOR TERMS Cierk AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commission -At -Large Citv ofMiami Page 215 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 BC.21 RESOLUTION 5550 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR Cierk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Ken Russell Commissioner Joe Carollo Commissioner Keon Hardemon RESULT: NO ACTION TAKEN BC.22 RESOLUTION 5551 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR Cierk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES Citv, ofMiami Page 216 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 PUBLIC COMMENT FOR PLANNING AND ZONING ITEM(S) PART B: PZ - PLANNING AND ZONING ITEM(S) Chair Russell: If you could read the rules for the Planning Zoning agenda, please. Victoria Mendez (City Attorney): PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any communications, pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date as the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period, or at any other designated time. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to deliberation and decision. The order of presentation shall be as set forth in Miami 21 and the City Code, providing the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendations. All persons testifying must be sworn in. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection, pursuant to City Code Section 2-8. All documents offered to City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Chair Russell: Thank you, Madam City Attorney. We're just waiting for one more Commissioner for quorum, and then we'll continue the afternoon's meeting. Todd B. Hannon (City Clerk): Chair, I could administer the oath while we're waiting. Chair Russell: That'd be great. Thank you, Mr. Clerk. Mr. Hannon: Good afternoon, ladies and gentlemen. Ifyou'll be speaking on any of today's Planning and Zoning items on the Planning and Zoning portion of today's agenda, can I -- may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Russell: Thank you, Mr. Clerk. City of Miami Page 217 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 PZ.1 ORDINANCE First Reading 5310 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Commissioners OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"), MORE and Mayor- PZ SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE HOUSING; BY AMENDING ARTICLE 3, SECTION 3.15, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES, INCLUDING A FLOOR LOT RATIO ("FLR") BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS, PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT (140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND TO PERMIT AFFORDABLE AND ATTAINABLE MIXED -INCOME DEVELOPMENTS ABUTTING A T3 TRANSECT ZONE BY PROCESS OF EXCEPTION WITH CITY COMMISSION APPROVAL; TO CLARIFY LANGUAGE WITHIN MIAMI 21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Note for the Record. For minutes referencing Item PZ.1, please see "Order of the Day." Citv ofMiami Page 218 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 PZ.2 RESOLUTION 6342 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING OR DENYING THE APPEAL FILED BY Planning PROSPERO MUNGUTA, DARINA MUNGUTA, KIRK MUNGUTA, ULYSSES KEMP, ROSA RAMOS, GENA VEILLARD, BUENA VISTA HEIGHTS NEIGHBORHOOD ASSOCIATION, AND BUENA VISTA EAST HISTORIC NEIGHBORHOOD ASSOCIATION (COLLECTIVELY, "APPELLANT") OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD ("PZAB") AND AFFIRMING OR REVERSING PZAB'S APPROVAL WITH CONDITIONS OF AN EXCEPTION TO ALLOW A PRE-SCHOOL EDUCATIONAL USE PURSUANT TO ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ON LOTS ZONED 74-L," GENERAL URBAN TRANSECT ZONE -LIMITED, AND 73-1_," SUBURBAN TRANSECT ZONE -LIMITED, AND GENERALLY LOCATED AT 4136 NORTH MIAMI AVENUE AND 20 NORTHWEST 42 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Carollo, Reyes, Hardemon NAYS: Russell, Gort Note for the Record. Item PZ.2 was deferred to the September 26, 2019, Planning and Zoning Commission Meeting, with a time certain designation of 2: 00 p. m. Todd B. Hannon (City Clerk): Chair, would you like me to read the 10 p.m. statement or does --? It appears we have unanimous consent to continue past 10 o'clock. Commissioner Hardemon: I would suggest -- Chair Russell: Yes, thank you. Just a moment, please. You're -- you wanted to address the PZ (Planning and Zoning) --? David Winker: PZ, point of order about -- I don't think, procedurally, we can proceed with the PZ meeting -- Chair Russell: Why? Mr. Winker: -- and I could explain why. Under Section 20 -- 2.32(B), it reads specifically -- let me back up. As you all know, this matter was originally scheduled to be heard on the 26th meeting, the Planning Commission meeting. Per the request of Commissioner Hardemon, it was moved up to today's meeting. Procedurally, I don't think it works with the Code. The Code states expressly, "At the first meeting of the month, matters to be considered by the City Commission shall be limited to those matters not arising from or under the provisions of Miami 21. " Our appeal is pursuant to Miami 21, Section 7.1.2.6(d). So this meeting was improperly called and cannot proceed under the Code. It's inconsistent with the Code. City of Miami Page 219 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Thank you. Mr. City Attorney, could you explain our procedure and Code with regard to PZ agenda items per not on a PZ meeting? Victoria Mendez (City Attorney): Yes. Hi. Basically, as Mr. Winker said, Section 2- 32 says that on Miami 21 items to be heard shall only be placed on the second meeting. In this case, it was placed on the agenda due to the procedural issues that have been brought up by the appellants, so it could be heard to dispose of those issues, but it can't be substantively heard. So if it's not dealt with on the procedural issues only today, then he is correct; it cannot be heard. Mr. Winker: And we dropped our motion to disqualify, so I -- Are there any remainingprocedural items? Ms. Mendez: Yes. There are procedural issues with regard to whether you are properly here for an appeal, so those have been brought up by the appellee, so those are the matters that we have here before -- It was requested by the appellee that the City look at the items and dismiss it outright so it wouldn't come before the Commission. It was our position in the City Attorney's Office that it's not -- they weren't procedural issues that we could outright deal with, and that it had to come to the Commission, so that's why it's been placed on this agenda to deal with those procedural issues. Substantively, though, the item should not be heard today. Mr. Winker: And just -- we've not received any notice of that. Chair Russell: Just a moment. Just a moment, please. Just a moment, please. I need clarification on that, Madam City Attorney, because in my recollection, very often -- I mean, we traditionally -- and I understand it's by the Code -- try to put PZ items on the second meeting, but very often, we do defer or move PZ items to the first meeting of the month -- Ms. Mendez: You're correct. Chair Russell: -- then we deal with them substantively. Ms. Mendez: Correct, but no one objects. So we deal with them because nobody has objected to them being placed. This -- it has been objected to, to deal with it substantively, so that is why we will not deal with this substantively. Chair Russell: I have a concern on that, simply because we -- if you're -- that means you're saying that all of these times we have taken up PZ items substantively on the first meeting of the month, we've been doing so incorrectly and against our own Code. Ms. Mendez: We are not -- we have never taken the position that it is incorrect. It's just -- if it is -- if nobody objects to it, then it could be done. If somebody's objecting to it, which -- In all your time here, has anybody ever objected to it? Chair Russell: No. Ms. Mendez: No. Chair Russell: But -- Ms. Mendez: Is this the first time you hear of an objection? Yes. City of Miami Page 220 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: But if it's in the Code that we're not to do it, we shouldn't be doing it at all. Ms. Mendez: And if -- Chair Russell: And if we want to do it, we should change the Code. Ms. Mendez: Exactly, exactly. If you wish to change the Code, you could do that. If you wish to not have these things placed, you can say that, as well. Chair Russell: So, Mr. Winker, I'd like to understand what the reasoning -- other than that it's in our Code, is there a reason not to hear this tonight, substantively? Mr. Winker: Yes. I -- Chair Russell: I believe the reason they would like to hear it substantively is that if it is to be granted, if it -- if the exception succeeds, they're trying to start their schoolyear; and so, many parents are in waiting at this point; and so, they've already lost a few weeks; and so, if the exception were to be granted, they have a better chance of catching up at this point. Is there a substantive reason why we would not want to hear it tonight? Mr. Winker: Yes. I -- you know, like I said, I -- going back as attor -- the City Attorney said, I think that it's --you guys have been doing this wrong the entire time. I mean, it's not a procedure. This is the Code. And the procedural items, I haven't seen them. No one's served me with anything. I don't know what the procedural arguments are. But if they have to do with standing, standing is pursuant to Miami 21, so I object to any proceeding going forward. This proceeding was originally scheduled for September 26. There was a reason that happened. Whoever was the intake person saw the form and was like, "Hey, this is a Planning and Zoning item. It goes on the Planning and Zoning agenda, and the meeting on the 26th." Mr. Hardemon -- Commissioner Hardemon made a special request to have it moved up. Commissioner Hardemon: I will say this: Before you all continue to say that, you assume that. You assume -- listen to me. You assumed it, because you saw it in the email that someone said -- we can just call it hearsay. Mr. Winker: Yeah. Commissioner Hardemon: Someone made a statement that Commissioner Hardemon said "X, " "Y, " and V. " Mr. Winker: I'd like to read that into the record, if I could? Commissioner Hardemon: That's fine. You can read it into the record. But what I'm saying to you is this: But you don't know, sir; you don't know if I said that. You don't know if it came from my office; that who from my office might have said it, and then that person made the communication that I said it. But you should just -- I just want you to understand that. But it's understood -- I just want to put the wording in context, so. Mr. Winker: That's a very good point. And I'd just -- I'd like to read in exactly what Chair Russell: No, not at this point, because we are not in the item yet, dealing with whether or not this is before us appropriately or not. We're simply dealing with whether or not to take up the item this evening. And I want to make sure whatever City of Miami Page 221 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 decision we make is bulletproof, and I believe that serves all sides. We don't want to act in error. But I'm just trying to understand, because we've dealt with many, many, many Planning and Zoning items on the first meeting of the month. Vice Chair Gort: Yeah. Chair Russell: And so, for us to change that practice is -- I would like to hear a substantive reason of why this should come later and not before. Simply -- I mean everyone -- that's something that might have been brought up at the order of the day, much earlier, and would have saved everybody an entire dayss wait if it were to be disqualified simply on a procedural -- of our scheduling of our meeting. But I -- again, is there a substantive reason other than that -- Mr. Winker: Absolutely. We -- the -- there has been a series of procedural irregularities that have gone down on this deal. They've been publicized in the paper. There's been threatening emails from attorneys to my clients that are here. There is an unusual request, a purported request. The reason we're here, Chairman, is be -- supposed -- what we're being told in an email that I would like to read into the record to make sure that we're clear, we were told that our meeting was originally scheduled for September 26. This isn't something where we've been all along under the impression that we would be here. We were told September 26. Chair Russell: So it's a notice issue? William Riley: Mr. Chairman? Mr. Winker: Let me read into the -- Oh, I'm sorry -- record. On August 15, we received an email from Olga Zamora, an employee of the City, the Clerk. And she says, "Your appeal was originally scheduled as part of the September 26, 2019 City Commission meeting agenda. Commissioner Hardemon requested that the appeal be heard at the September 12, 2019 meeting. The request was approved by City Manager Gonzalez." So I've been here since 8:30 in the morning like everybody else, and to me, this idea of -- no. We need to follow the rules; the rules are such. And I think if you go back and look -- even think about the other item that was on the agenda this morning, the other PZ item -- I'm not sure that arises under Miami 21. This arises under Miami 21. My standing arises under Miami 21. My claims arise under Miami 21. This item cannot be heard. Mr. Riley: Mr. Chairman, if I can make a few statements? Chair Russell: Yes. Mr. Riley: For the record, my name is Bill Riley, with offices located at 1671 Northwest 16th Terrace, in the great City of Miami. I'd like to read directly from Miami 21. Section 7.1.1.5 specifically says, in Subsection "I" -- and we're talking about appeals now; not just regular zoning matters, but appeals, specifically to the City Commission: "Such appeals shall" -- not "may," but "shall" -- "be specifically set to the first available City Commission hearing that is at least 15 days after the Planning and Zoning Appeals Board hearing," okay? Now, this appeal was filed on July 1. Technically speaking, we could have been heard in July, but for whatever reason, staff determined that that agenda -- your last agenda was a very heavy agenda; it wasn't available. By your Code and by the Citizens Bill of Rights, we have an absolute obligation, an absolute right to be heard. And that is, verbatim, what I read from your Code. It doesn't say "P&Z" ; it says "City Commission. " Mr. Winker: May I respond to that? That, to me, is completely consistent with what the Code says. It's completely consistent, because the first available meeting is the City of Miami Page 222 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 second meeting of the month, where it says, `At the first meeting, matters to be considered by the City shall be limited to those matters not arising from or under the provisions of Miami 21. " So the first available meeting is the one that we all know that this is intended to be heard at, which is the Planning and Zoning Appeals meeting. There's a purpose. There's a reason this was scheduled — Mr. Riley: Not (UNINTELLIGIBLE) all of us. Chair Russell: Just a moment; one at a time, please. So Madam City Attorney, on the first meeting of the month, when we deal with PZ items, we're always told we cannot deal with them before 2 p.m. Why is that, if PZ items are not allowed to be heard? Ms. Mendez: Right. That's in the same section, under 2-32, which says it will be -- until after 2 p.m. Chair Russell: But if they're not allowed at all on the first meeting? Ms. Mendez: So -- okay. I'm going to try -- and maybe this is a discussion we can have offline, because all of this, you know, is on the record right now. But it has been our position that we can place items, when needed, like Mr. Riley also read from Miami 21, on the first of the month. I mean, we've done it. The vetoes have to be heard at the next available; motions to reconsider at the next avail -- I mean, we have all these other provisions in the Code, and maybe, as you describe, we may need a little cleanup to tighten it. Our position has been -- in the past, it's been our practice that when needed, we do place items on the first meeting. In this case, it was an appeal. There was an issue, as well, with timing. We have already put this school out of their normal rotation of operation that they were expecting to start. So there was a reason to put this on the first meeting. With that said, we don't think that there is anything incorrect with that. The best practice, obviously, is to put it, pursuant to our Code, on the second meeting, which we can. We have also had the practice, unless anybody objects, and the only people that can really object are the two people that are here; an appellee, an appellant, an applicant, objectors, intervenors. So if someone objects, then that's when we -- and which we normally -- I mean, we never have that, an objector -- with regard to that type of timing. So at this point, we're here to deal with the procedural issues that have been brought up by the appellee. And since there is an objection on the substantive issues, it would be wise to set it for the next meeting on the substantive issues if we don't dispose of this procedure. Chair Russell: Thank you. Ms. Mendez: That is -- Chair Russell: If only we had a lawyer on the Commission who could shed some light. Commissioner Hardemon: So I have a question. Let me ask the first question. The first question is, can we handle Planning and Zoning items at a special City Commission meeting? Ms. Mendez: We can. Yes, we can. Commissioner Hardemon: I just -- and I'm asking this because I want to know the authority that would give us the permission to do so, because the rule, as the attorney stated, which we appreciate -- I want you to understand. Any time someone quotes a rule and they're right, I appreciate it, because we should operate by the City of Miami Page 223 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 rules. I object to you saying that I said something when you don't know if I said that thing, right? You understand that, right? Mr. Winker: Yes, sir. Commissioner Hardemon: Exactly. But the question -- and I want to find the authority about that, because if you set a special Commission meeting to address a Planning and Zoning item that people believe to be time sensitive, is that usurping what the Code is telling us that we should do? Because if the Code says that you only can handle them on the second meeting of the month, then you shouldn't even have those special meeting minutes. And so, you can mull on that for a little bit without -- before you respond. Mr. Winker: And if I could apply -- it doesn't say when you can have it; it just says when you cannot have it. You cannot have it -- Commissioner Hardemon: On the first. Mr. Winker: -- the first meeting; yes, sir. Commissioner Hardemon: So -- and -- Ms. Mendez: The way Mr. Winker described it is how we can (UNINTELLIGIBLE). Commissioner Hardemon: So -- Ms. Mendez: You can have a special meeting the day after a regular one, arguably. Commissioner Hardemon: All right. So -- because initially, when I heard of the issue -- look, we're the City Commission, right? We sit in a number of different ways. When this issue was first brought up, it was an issue brought up about procedure, about whether or not an appeal was correctly filed, right? And so, the City Attorney's Office was asked to give an opinion about the matter. The City Attorney's Office said, "Well, we can't dispose of a matter, " right? "It has to happen at the Commission level." I was actually willing to -- I contacted our City Clerk and was willing to have a special Commission meeting about the issue, and then backed away from that, because maybe it would be better to handle it on -- at this meeting. I wasn't the person that made the request for the meeting, but that's neither here nor there, right? So I don't remember being, right? But with the way that you read this rule into effect, it's -- You say it says that, "At the first meeting of the month, matters to be considered by the City Commission shall be limited to those matters not arising from under the provisions of Miami 21, as amended"; the Zoning Ordinance for the City. "At the second monthly meeting, matters to be considered shall be generally limited to those matters arising from or under the provisions of Miami 21, as amended, and shall not be addressed by the City Commission until after 2." So in the former sentence, where it says, "At the first meeting of the month, matters to be considered by the City Commission shall be limited to those matters not arising from under the provisions of Miami 21, " the question I have -- and this is where I'm leaning towards, right? A matter arising out of Miami 21, I -- I'm -- when I hear that, I would imagine that also to be a procedural matter, because if this is a -- if this procedural matter is because of a Miami 21 issue, then I would take that to mean that this Miami -- this procedural matter also should not be heard on the first time, and if that's true, it's true. Mr. Winker: I agree. Commissioner Hardemon: And I don't have a problem with that, right? City of Miami Page 224 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Ms. Mendez: I think that's up to interpretation, obviously, and what the Commission wants to do with that. The issue -- I think some of the procedural matters that have been brought up is that it wasn't a timely appeal or that it wasn't -- there weren't proper filing payments done; those type of things that would not even allow for this item to be before you. Commissioner Hardemon: Right. Ms. Mendez: So it was that type of procedural issue that was to be discussed, whether it's -- Commissioner Hardemon: Yeah, but -- Ms. Mendez: -- something that we could dispose of or not. I don't necessarily think that that's something that arises out of Miami 21. I think it's something that's -- Chair Russell: That's a good point. Ms. Mendez: --but -- Mr. Winker: But those fees -- Ms. Mendez: -- you know, again, that -- Mr. Winker: -- those fees themselves are in (UNINTELLIGIBLE). Chair Russell: Just a moment; you'll be recognized. Ms. Mendez: The fees are in Chapter 62. So the fees are in Chapter 62. If Olga is here, she can confirm; right, 62? Yeah. So it comes out of Chapter 62. Timeliness is timeliness. But again, this is -- it's up to the Commission. I think that -- Commissioner Hardemon: So your opinion is that this issue, the procedural issue, does not arise out of Miami 21 ? Ms. Mendez: Correct. The procedural issue is whether it should be before you or not. If you get into the substantive, that's a whole 'nother quagmire. Commissioner Hardemon: And Chapter 62 is our -- Ms. Mendez: That's where -- our Planning and Zoning chapter, as well, and it brings up our fees -- Commissioner Hardemon: But it is not Miami 21 ? Ms. Mendez: Right. Chair Russell: Understood. So -- Mr. Winker: But standing is under Miami 21. Timeliness is under Miami 21. So I haven't been -- Vice Chair Gort: (UNINTELLIGIBLE). Mr. Winker: -- advised of what the procedural issues are, so maybe if we can go point by point through them, but I think that there's an argument, and I think that -- City of Miami Page 225 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 The idea here is I don't -- we're not trying to delay; I want to be very clear. The -- we want this to be heard. There's no effort to delay. There's an effort to get the right answer. And I'll tell you how this plays out. I mean, everyone's -- you know, we talk about the litigation that comes from this, but think about what's going to happen. We're going to go forward procedurally. I'll be in court tomorrow with a writ of certiorari; freeze everything. Like, it's not going to achieve the result -- Commissioner Hardemon: Say it again. Mr. Winker: It's going to be even longer to get a court to go through it. Commissioner Hardemon: No, say it again. Mr. Winker: What part? Writ of certiorari. Commissioner Hardemon: Exactly. We like to hear that word. Tippy-toe, right? Chair Russell: All right. Commissioner Hardemon: I move that we consider the PZ item on our next meeting agenda. Chair Russell: Even the procedural portion -- Commissioner Hardemon: Yeah. Chair Russell: -- because --? There's -- Commissioner Hardemon: Yeah. Chair Russell: -- been a motion. Is there a second? Let me talk this out to see where it goes. Commissioner Hardemon: No problem. Chair Russell: If we take up -- it doesn't seem that there's an objection to the procedural portion. So if we were to take up the procedural portion of whether this is before us correctly, if the appellant prevails, then we stop at that point and deal with the substance at a further meeting. However, if the appellee prevails, that would be the end of the issue. Commissioner Hardemon: Correct. Chair Russell: So it sounds like there is a willingness to at least deal with that portion of the issue. Commissioner Hardemon: I don't think there's a willingness from both sides. Mr. Winker: As I was saying, we're -- it's going to complicate matters, because we'll be in court, and we're going to file a petition. The judge is going to file a -- Mr. Riley: (UNINTELLIGIBLE). Chair Russell: If you disagree -- Mr. Winker: -- show cause order. City of Miami Page 226 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: -- with the ruling -- Mr. Winker: Exactly. Chair Russell: -- that comes out of the procedural portion today. Mr. Winker: It's going to complicate matters more and delay what they hope to accomplish. Mr. Riley: Mr. Chair? Chair Russell: Just a moment. But wouldn't you file the same thing if we brought the procedural item on the second meeting of the month if -- Mr. Winker: No. Chair Russell: --you still didn't prevail? Mr. Winker: No, absolutely not, because that's -- it's -- what -- I guess what I would say is I'm going to win this procedural item, because the -- it is very clear that it says you cannot consider something related. And to me, standing is really -- I mean, we can go through each one. Again, I haven't seen what they -- Chair Russell: Ali, okay. Mr. Winker: -- (UNINTELLIGIBLE), but those tied to Miami 21. This is an appeal under Miami 21. Whatever they travel under to say, "You have not properly appealed," it's still under Miami 21. And I'm not -- I don't know what to tell you. Like, you know, you guys know me. I'm not here to delay. I'm not a person who delays. I want to hear this, and I don't see why scheduling it to the next one is a problem; that's where it was originally scheduled. You know, let's -- to me, let's do it. It's a cleaner -- I think it's a cleaner way to do it, because I will go to court. I got to tell you something. Whether I win or lose, I may go to court, because you guys aren't supposed to hear this. Chair Russell: I think the bigger question is -- Mr. Riley: Chair? Chair Russell: -- why, with his knowledge of the Code, Elvis Cruz has never used this technique to stop a Planning and Zoning item on the first meeting of the month? Elvis Cruz: You've inspired me to read the whole Code again. Chair Russell: All right. Mr. Cruz: Oh, by the way, just because you've been doing it wrong all along doesn't mean you can keep doing it wrong. Mr. Riley: Mr. Chairman? Chair Russell: Mr. Riley. Mr. Riley: For the record, we object to any continuance. We have -- we -- under the Citizens Bill of Rights, we have an absolute right to be heard today. We even had a right to be heard in July. This appeal was filed on July 1. For him to say he's not here to delay the item, but he's going to be in court tomorrow, let's go to court. We City of Miami Page 227 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 are prepared to go to court. We are that sufficient and that confident in our position. The appeal that was filed violated every single section of your Code; every single one. And we have been here all day and all night. We've had people here to speak on the expressed substantive item. But at a bare minimum, to withhold this application and to cause additional delays, we would -- the counsel is sort of being disingenuous when he asks for a continuance in writing, but says he's not trying to delay the proceedings. You heard your staff and you heard your City Attorney saying that most of those issues, if not all of those issues, are not under Miami 21; they're in Chapter 62. So this Commission can certainly hear this item today. My clients have invested a lot of money and a lot of time, and have done everything the right way. And if I'm given the opportunity -- I agree with one thing that Mr. Winker said: We should follow the rules. And if I'm given the opportunity, I will demonstrate tonight that they didn't follow one of your rules, not one, and we would ask to go forward. Chair Russell: So realizing that if he is correct regarding our Code and we move forward -- Vice Chair Gort: He's willing to go to court. Chair Russell: -- that would weaken the decision made by this body this evening if it were taken up. Mr. Riley: We are that confident in our position. He's going to go to court anyways, and we are that confident in our position that if he wants to go to court, then we'll go --we will proceed those avenues. That's his right to take it to court if he wants to, and we'll go through those avenues. If we defer this for two weeks, he -- unless he tells you right now he waives his judicial rights, he's going to court anyways. We all know that. So we have an absolute right to be heard. We should have -- we could have been heard in July; weren't available to be heard in July. There's no hearings in August. Now we're in the middle of September; they're asking to delay again. And in all fairness, you know, you've heard the opinion of your City Attorney. You heard the opinion of your staff. We have the ability to go forward today, and under the Citizens Bill of Rights, we have that actual intent. Commissioner Hardemon: Mr. Chairman? Chair Russell: Is there -- Yes, Commissioner. Commissioner Hardemon: I will say I think you're right; you should have been heard in July. I think you're absolutely right. I think you not being heard in July is a part of this whole continuum of issues that we're having right now with how we schedule this proceeding. And so, it's one of those things where it appears to me that -- like, for instance, had your organization not been so accommodating -- because that's what it really came -- what it comes down to. People are accommodating. You're accommodating to the City of Miami to say, "Okay. You don't want to hear us. Then we'll be heard at another date." Here, Mr. Winker is not being so accommodating. And I'll tell you, I read Mr. Winker's request for continuance before, and it didn't have any reason; it just was a request to continuance because a request. And, you know, that doesn't move me, because you obviously want to delay it. This is the first time that I've ever heard what you just read. And so, when I hear what you just read -- I mean, look, I want to follow the rules. I think that you're right. And I'm not sure I understand. Opposing counsel is saying, "We're willing to move forward without it," because you know that this person is going to appeal, et cetera. But, one, you have to -- you believe in your position, but you have to know that you're -- you have to -- it may not necessarily go your way. You know what I mean? And then, still, we would still have to handle the substantive issue if it doesn't City of Miami Page 228 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 go your way on another day. And so, considering the fact that I do believe that these issues arise out of Miami 21, I heard other reasons why it does not. And I think lawyers have -- lawyers can have different opinions, and that doesn't make one necessarily right or wrong. You know, what makes you right or wrong is what we say. If I agree with one, then I believe he's right and the other one is wrong, and then it's appealed. Then someone else higher than me will say, "Well, that person is right or wrong." If they appeal that again, someone higher than them will say one person was right or wrong. So all I'm saying is that I don't want to necessarily get tied up in that, and I think that it's safer just to continue it to another day, but that's my opinion. Chair Russell: Understood. From my side, I feel as long as this meeting was properly noticed, that the other side isn't saying that there was a short change of notice and everybody's here that would have been here to deal with this issue, the only reason that is in our Code is that of convenience of scheduling. And when it was written, it was a time of assumption; what our workload was going to be in the Planning and Zoning agenda versus the other. And they thought they'll be able to handle all their general business in one meeting, and all of their Planning and Zoning in another. Honestly, we probably need four meetings a month to really handle the load that we have. Commissioner Hardemon: Did you say this is a full-time job? I think that's what you said. Maybe we should make some amendments there. Chair Russell: Four meetings a month is not a full-time job. Commissioner Hardemon: Oh, okay. You must not meet a lot. Chair Russell: No --yes. Commissioner Hardemon: (UNINTELLIGIBLE) a lot of meetings, exactly. Chair Russell: We all know these are 60-hour weeks. But I don't see a substantive reason here why a challenge to a first meeting hearing of this item, a judge is going to look at it and say, "Nothing would be different on the second meeting of the month." There's no reason or rhyme for why the second meeting of the month reserves the Planning and Zoning items. As long as this meeting was properly noticed and everybody is here who would be here on that, I don't see a problem; otherwise, you could go back and nulls every planning and zoning decision we've made on the first meeting of the month. Ms. Mendez: Let's not go there -- Chair Russell: Well -- Ms. Mendez: -- because we don't -- that is not something -- we're not agreeing with that. Let's not even put that out there. It's not -- Mr. Winker: And that's -- and that will be -- that's the problem with taking it to court. Ms. Mendez: -- and it's waived. That is waived. Mr. Winker: It's setting that precedent of a judge saying, "You cannot do this. " Chair Russell: Right. Well, then -- City of Miami Page 229 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Mr. Winker: That's the risks. Chair Russell: -- in which case -- Vice Chair Gort: Or the judge might say, "Yes, you can. " Chair Russell: -- we need an ordinance to change that within our Code. Ms. Mendez: We can clarify it so that you don't have to worry about that, but just note that that is not an issue here that you have to worry about. He is objecting, so that's it. And you can -- Chair Russell: Understood -- Ms. Mendez: Okay. Chair Russell: -- on the substantive portion. Mr. Riley: On both. Mr. Winker: Tome -- Chair Russell: So -- Mr. Winker: -- the procedural side is standing comes from it. I disagree with the idea. Every procedure he -- Again, I haven't seen -- we talk about being prepared. I --no one's given me any document that says anything about procedural arguments, but -- Mr. Riley: They're your documents, sir. They're your -- Every document I'm going to talk about is your document. Chair Russell: Through the Chair. Through the Chair, please. Mr. Winker: No, no. I'm saying how -- Something was communicated to the City Attorney's Oj5rice about a -- procedural concerns. I've not been privy to that document. I don't know what the arguments are. But every procedure that is undertaken is pursuant to an appeal under Miami 21. You can't get past it. Everything -- every -- the procedures come out of Miami 21. So the idea that you can bifurcate that to be, you're going to cause a problem. And then, again, with me going to court, you're going to have a judge opining -- I mean, you're opening up a can of worms about what's happened in the past. Why has this been done? Like, I think the easier, cleaner way to do this is -- I'm not opposed to a special meeting. I mean, as fast as we can do this; we're ready to go. And I would say we -- I will -- I can elicit some testimony about the notice not being sufficient. I have someone here who can talk about that the notice was not sufficient. Chair Russell: For this meeting? Mr. Winker: For this meeting. So we have that problem, also. So, to me, it's -- this is -- you -- we can't -- you can't unbake this cake. We need to -- this -- we're trying to unbake a cake procedurally and substantively, and those issues are too tightly wound to be able to get out of this mess. And then we're going to be in court, and we're going to have a judge trying to undo that, where the -- I think the simple solution is -- this idea that I'm going to go to court, I have no interest in going to court. I want to get this resolved and taken care of. Let's hear it. Let's go. I mean, I can explain it. Like, I got some smirks. Let me tell you something. You know what City of Miami Page 230 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 I'm being paid to be here and do this case? Nothing. This is a pro Bono case, so I'd like to avoid going to court. Vice Chair Gort: That's good. Mr. Winker: Pro bono, and I'd like to avoid that. So this idea that somehow, I'm running up fees, that's not my concern. Chair Russell: I don't think that was brought up. Mr. Winker: I want to get (UNINTELLIGIBLE). Chair Russell: Yeah. That wasn't an argument that was made. I think, really, it's a search -- I'm a big believer in spirit over letter. I know that both are equally important. But I'm trying to find the spirit of why we would delay. I understand the letter of why we'd delay, but I -- if it's just to delay, I push back; I tend to push back. If it's, "There's a reason, " "we need more time, " "this should have been on the second Thursday" -- `I mean, the second meeting of the month, " then I get it. But I hear the district Commissioner, who is our sitting attorney on this dais. Vice Chairman, you had a comment earlier, or are you good? "Is there a second to the deferral?" I guess is really the question we should be asking. Commissioner, if this is -- Commissioner Hardemon, if this is heard tonight, do you have doubts as to the strength of our decision? Commissioner Hardemon: (UNINTELLIGIBLE). But if you move forward, you move forward. And I don't think you can ever do spirit over letter. The letter is the letter. Chair Russell: You're -- I -- Commissioner Hardemon: The spirit if -- Chair Russell: That was my personal opinion. Commissioner Hardemon: Right. The spirit, if the letter is unclear. Chair Russell: They carry equal weight, but for me, what counts is what's in your heart when you write the law; what you're trying -- and you try to get the words right to back that up. And the argument that's being made to delay, I don't hear a substantive argument. It's simply a procedural tactic to delay, and for that, I think if everybody were here and prepared to talk about this tonight, I'm ready to talk about this tonight, especially on the procedural side. I'd be willing to give in on the substantive side to dispatch with the procedural side, because I have yet to understand fully whether or not this is before us correctly, and if it's not, I'd rather not drag everyone here again for another meeting just because it happens to be a different Thursday. So I'd like to hear the procedural side, but not the substantive, if that's the compromise that would make our -- at least procedural subs --procedural decision more valid. So for that reason, I'd like to move forward on it. But if there's a second to the deferral request, we have a body. Commissioner Hardemon's asking for a second to defer the item. Commissioner Hardemon: (UNINTELLIGIBLE). Chair Russell: I'm sorry. Got it. So open for discussion. Well, we actually haven't even opened. Commissioner Hardemon: Well -- City of Miami Page 231 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Unidentified Speaker: Yes, sir. Commissioner Hardemon: -- look, at this point, you're saying a second for discussion. There's four of us here -- right? -- which means that, you know, we've put -- we're putting the pressure on one of us at least to vote one way or the other, and I don't think it's fair. I don't --we don't have to have a ritualistic or a straw vote in order to make -- if this thing wants to -- want to hear the item, you can hear the item. I disagree on hearing it. I know he's -- Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Hardemon: Maybe he'll come back. Well, I just -- all I'm saying is that, you know, I think that -- I think I said what I said on the record, so -- Chair Russell: No. In an abundance of caution -- Commissioner Hardemon: Yeah. Chair Russell: -- you're looking to preserve the body's decision to be a little more bulletproof. I understand that. Mr. Winker: I hate to bring up another procedural item, but to move forward now -- it's the 10 o'clock meeting, so this was brought up post-10 o'clock, so we have to -- Chair Russell: We already dispatched with the 10 p. m. Mr. Winker: With it -- We had a unanimous vote for it? Chair Russell: Yes, we did. Commissioner Hardemon: Yeah; we got that part. Chair Russell: So -- Commissioner Carollo: Call the question. Ms. Mendez: There's a motion -- Chair Russell: Yeah, we -- Ms. Mendez: --to defer. Chair Russell: Well, we haven't even opened for public comment on this part of it. It's an action of the body. It's an action of the body. I mean, there is -- at some point, whether this should even be in the hands of the body. If this is procedurally incorrectly before us at all, is this really a vote of this Commission? I mean, I'm -- it's really blowing my mind -- Commissioner Reyes: Yeah. Chair Russell: -- that I'm being told that every PZ item we've taken on the first Thursday of the month has been done incorrectly. Ms. Mendez: Okay. We're not saying that. That is -- Chair Russell: Well, you have agreed with him -- City of Miami Page 232 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Ms. Mendez: No. Chair Russell: -- (UNINTELLIGIBLE)that (UNINTELLIGIBLE). Ms. Mendez: What I have agreed is, if somebody is going to fight us on that issue, then we should not -- Chair Russell: I disagree with that. Ms. Mendez: -- substantively handle the matter. Chair Russell: And I'll tell you why I disagree with that, because that's like saying, "As long as someone doesn't stop you, you should go against your Code," and we shouldn't. So if the Code says, "Don't do it, " we shouldn't be scheduling PZ items on the first of the month. And we've done it as a practice throughout history. The way we conduct Mason's and the way we work is on practice, even over the letter, and that's why I'm comfortable here moving forward today. The biggest uncomfortability [sic] I have is that the sitting Commissioner is not comfortable, because I believe his role here is pivotal in this decision, and I think you should weigh that heavily. But I worry that we're creating a precedent here that we're going to have to follow, and we're going to have to change our Code immediately before we do this ever again, because this is a waste of everybody's time that we're doing it this way. So -- Ms. Mendez: Understood; heard loud and clear. Chair Russell: Thank you very much. Commissioner Hardemon has a motion for deferral. It's been seconded by Commissioner Carollo? Yes. Do I need to open up for public comment? Thank you. All right. Commissioner Reyes: I have a disclosure to make before I vote. I met with Mr. Riley. Chair Russell: Well, we're only dis -- we're only voting on the action. Commissioner Reyes: Okay. Chair Russell: We're not voting on anything you need to Jennings at this point -- Commissioner Reyes: Okay. Chair Russell: -- because it's simply on a procedural to take the item (UNINTELLIGIBLE). Commissioner Reyes: I just wanted (UNINTELLIGIBLE). Chair Russell: So there's been a motion for deferral. All in favor, say 'yes. " Commissioner Carollo: Yes. Chair Russell: All opposed, say "no. " Vice Chair Gort: No. Chair Russell: No. What is that; 2 to 3? Mr. Hannon: Motion passes, 3-2. City of Miami Page 233 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Thank you very much. So we are not hearing this item tonight. It will be rescheduled and re -noticed for the second meeting this month. Mr. Riley: Can I ask you a question? Chair Russell: Yes. Mr. Riley: So are we -- is it being re -noticed or rescheduled for September 26? Chair Russell: Yes, I would assume. Mr. Riley: And can we be early on the agenda, please -- Commissioner Hardemon: Yeah, it'll be -- Mr. Riley: -- since everybody was here? A time certain, please, since everybody was here for so long? Commissioner Hardemon: I think that's fair. Vice Chair Gort: First item after lunch. Chair Russell: Yeah. It'll be -- Commissioner Carollo: So, do you want valet service (UNINTELLIGIBLE)? Mr. Riley: Or just a time certain. Commissioner Reyes: No; time certain. Commissioner Hardemon: No, no. I think it's -- Chair Russell: It'll be at 2 p.m., yeah. But it's been a big waste of everyone's time today. It's a shame. Leila Centner: Excuse me. Can I speak for one second? Chair Russell: I'm sorry; you cannot. Ms. Centner: Okay. Chair Russell: I apologize. Ms. Centner: I'm out of the country on that date. Chair Russell: Well, then, I mean, we can -- Ms. Centner: (UNINTELLIGIBLE) do it sooner? Chair Russell: -- schedule it a different time. We can work on that. For now, as the deferral, it's just pushed to the next meeting -- I mean, unless you'd like to see it deferred to a different date. Ms. Centner: Could we go sooner? Chair Russell: We could call a special meeting; that's the other option. City of Miami Page 234 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Hardemon: I mean, that's the question. If you want to do a special meeting to handle this issue, I think you -- I don't think you have to do that necessarily today, but the City Attorney's Office said a special meeting can be had to discuss a planning and zoning item; true, right? Chair Russell: As long as it's after the first meeting. Commissioner Hardemon: Yeah. I mean, we can do that. As long as the body agrees to go to a special meeting, that's fine. Chair Russell: I mean -- Commissioner Hardemon: The Mayor can schedule it, a majority of its can schedule it, et cetera. I mean -- Chair Russell: I'm open to it, honestly. I mean -- Commissioner Hardemon: You've got to still have due process, so you have to have notice for the residents, so maybe next week is out, unless it's at the very, very end, which I can't do, because I'm at the -- a League of Cities event in Tampa. Then maybe the week after that, like the 23rd through the 20 -- it's the same week. Because think about it -- right? -- Chair Russell: Correct. Commissioner Hardemon: -- tomorrow is Friday, and the residents need to know exactly when the --for due process when the meeting will be. So you can't do it on the 16th or the 17th or the 18th; that might be too quick. So maybe the best that you can do is the 20th, and on the 20th, I won't be here. On the 21st, I won't be here. Chair Russell: I'd recommend (UNINTELLIGIBLE) second meeting. Commissioner Hardemon: You don't necessarily need me, but -- Vice Chair Gort: (UNINTELLIGIBLE) the 20th. Ms. Centner: I leave on the 19th -- Commissioner Hardemon: September 20. Ms. Centner: -- to go to India. Mr. Hannon: Chair, the mikes -- the comments being made from the podium -- the microphone needs to come down, and we need to hear what's being said. Chair Russell: Sure. Ms. Centner: I said, I'm leaving to India on the 19th. That's -- Ms. Mendez: Then I don't know that a special meeting would work. Chair Russell: Right. I would recommend we just stick with the second meeting of the month. You have advocates on your behalf, and we'll go from there. Mr. Riley: Thankyou, Mr. Chairman. Thankyou, Commissioners. City of Miami Page 235 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: And I believe we had discussed earlier -- not in this chambers -- whether or not the school can operate in any function on a hold harmless, and the decision was, no. All right. Thank you very much. Mr. Riley: Thank you, Mr. Chairman. Commissioner Hardemon: So -- Mr. Winker: Again, thanks, Commissioners. Commissioner Hardemon: -- my original idea of a special meeting was probably the best thing to do, because it would have been after the July meeting, which would have -- it would have been okay. Chair Russell: All right. Commissioner Hardemon: It was before the start of school, if you were going to move with that decision, but -- Mr. Riley: Thank you. Ms. Mendez: The suggestions that I had recommended with regard to opening would be along the lines of working with a museum that has their -- you know, I know it wouldn't be at your facility, but you can work with a museum that has abilities, pursuant to Florida Statute, to have schools, and it could be a special permit until then; those type of things. Working at -- opening under a hold harmless at your current facility wouldn't work, but there are options for working at other locations. Mr. Riley: We appreciate you looking into it. We appreciate your help. Thank you, as always. Chair Russell: Thank you very much. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 236 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 NA - NON -AGENDA ITEM(S) NAA RESOLUTION 6500 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners and EXPRESSING SUPPORT FOR ALL OF THE BAHAMIAN Mayor RESIDENTS WHO HAVE SUFFERED THE DEVASTATING EFFECTS OF HURRICANE DORIAN; DIRECTING THE CITY MANAGER AND HIS DESIGNEE(S) TO COORDINATE WITH THE STATE OF FLORIDA, THE UNITED STATES STATE DEPARTMENT, AND THE COMMONWEALTH OF THE BAHAMAS, AS APPLICABLE, TO OFFER AND TO UNDERTAKE ANY NECESSARY EMERGENCY ASSISTANCE AND EXPERTISE NECESSARY IN THE HURRICANE RECOVERY EFFORTS WITHIN CURRENT BUDGET DEPARTMENTAL LIMITATIONS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY OFFICIALS IN ORDER TO UNDERTAKE, PROVIDE, AND UPDATE EMERGENCY HUMANITARIAN ASSISTANCE MEASURES, RELEVANT FINANCIAL CONTROLS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION WITH EMERGENCY HUMANITARIAN EFFORTS FOR THE COMMONWEALTH OF THE BAHAMAS IN PROGRESS OR ALREADY UNDERTAKEN IN CONNECTION WITH THE CURRENT CITY OPERATING BUDGET FOR FISCAL YEAR 2018-2019 ("CURRENT CITY OPERATING BUDGET'); PROVIDING FOR INCORPORATION OF SUBSEQUENT AMENDMENTS RELATED THERETO INTO THE CURRENT CITY OPERATING BUDGET; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE(S) TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ANY AND ALL NECESSARY EMERGENCY AGREEMENTS, MODIFICATIONS, AMENDMENTS, EXTENSIONS, AND RENEWALS IN CONNECTION HEREWITH IN ACCORDANCE WITH ALL APPLICABLE LAWS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0352 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Chair Russell: All right, so before we hit our time certain item, which was meant for 2 o'clock, I'd like to bring a pocket reso in emergency fashion. It's been handed out to the other Commissioners, but I'll explain it. Basically, it's with regard to our relief efforts with the Bahamas. Everyone here is very well aware of what our neighbors have gone through, and as I was on my way back from lunch, I passed a church in Coconut Grove that had a banner out front that said. "Love thy neighbor, " open parenthesis, "no exceptions, " close parenthesis, and that struck me. I think we have a quorum now; many Commissioners. It's devastating to think of what the Citv ofMiami Page 237 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 families of the Bahamas have gone through, but it's very inspiring to think of what the residents of Florida have done to step up. You always wonder why bad things can happen to good people, and they are good people. So I'd like to introduce you to a couple of my new constituents today. One of my residents of Coconut Grove, unofficially known as "Little Bahamas" to some, reached out to me over the week and mentioned that some of their family members couldn't get out; had been denied from boarding a ship to come to Fort Lauderdale; questions about documentation, - questions about whether or not they were criminals, and they asked if I could help. All I could do was reach was out to our Congress people, find the right information for them, try to guide them, but in that I got to know them, and I became very personally vested in helping them come here to join their family, who live here in Coconut Grove. So I'd like to introduce you to Sellie (UNINTELLIGIBLE) and Zion, who are recent refugees of the Bahamian crisis, but now -- (Applause) Chair Russell: -- our friends here in Miami. And what this City has done, with or without Federal permission or any promise of reimbursement, is to jump into action for supply relief, search and rescue relief, and for those of us who were able to help people find the information they need as refugees to come over to the United States and seek shelter. Sellie's daughter was the initial person of concern in Grand Bahama, in Freeport, where the hospital was under five feet of water, 37 weeks pregnant, nowhere to go, no shelter, no home; lost everything, and now she's safe here in Florida and able to seek medical care in the last two weeks of her pregnancy. I think it's a very fortunate thing. And I just want you to know how welcome you are in this City, and how it is a privilege for us to work for you and work with you to help your home country. So this is a legislative item in the sense that the City has expended funds in their efforts for relief. We do not have a guarantee of Federal reimbursement, so we need a resolution of this body and a public hearing to make sure that the relief efforts we are doing are with the blessing of this City and of this Commission. So basically, this legislation, it retroactively blesses the actions that the City has taken to date and empowers us to help as much as we can in the future. So if there's a motion, now that we have a quorum -- Vice Chair Gort: Move it. Commissioner Reyes: Move it. Chair Russell: Commissioner -- Vice Chairman Gort has moved this legislation; Commissioner Reyes has seconded. This is a resolution of the City of Miami. It is a pocket, so Madam City Attorney, if you could read it. I just -- the public hasn't had an option -- an opportunity to see it. The Resolution was read by title into the public record by the City Attorney. Vice Chair Gort: What I want you to know is Miami, since the late '50s, have received many thousands and thousands of refugees; I'm one of them, he's another one, the other Commissioners. So this is a city that's made out of people that welcome. If you lived here a year, you're considered a native. We got to work hard. We got to study. It's not easy. But welcome to Miami. And we've all been through the history, so welcome. Chair Russell: Thank you. Is there anyone here who'd like to speak on this item? It's a public action of the Commission. If anyone would like to make a public comment on this, you can speak for two minutes. Seeing none, I'll close the public comment. Is there any further discussion from the dais? I would just like to say, there's a few culture in the world where you think of their people and you smile, City of Miami Page 238 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 because of the joy that they bring, and the Bahamas is definitely one of those places. It's a very special people, a very special culture, and we're privileged to be able to help. When you arrived -- Was it last night? Unidentified Speaker: The night before. Chair Russell: The night before. It's been a long few days. -- we were there at the port until after midnight, working on things. And I just have to say that the Customs and Border Patrol, the agents, were incredibly cordial, incredibly helpful, and I could see care in their eyes as they were helping people try to figure out their documentation and get in. So with no further discussion on the dais -- Did you all want to say anything? Sellie Jones: I would like to say "thank you " on behalf of my family and I. Mr. Ken Russell was just amazing. I spoke with my cousin, and he just told me to get in contact with him, and from then, he was working hard. We had the Police Department from Miami escort us off the boat, and we felt special. So thank you so much for everything you did, Mr. Russell. Thank you so much. (Applause) Chair Russell: All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Zion, hit the gavel. Motion passes. (Applause) NA.2 DISCUSSION ITEM 6525 DIRECTION BY COMMISSIONER REYES TO THE CITY City Commission MANAGER TO PROVIDE A STATUS UPDATE TO THE CITY COMMISSION, AT THE OCTOBER 24, 2019 MEETING, REGARDING THE NEGOTIATIONS BETWEEN THE CITY OF MIAMI AND MIAMI FREEDOM PARK, LLC FOR THE LEASE AND DEVELPOMENT AGREEMENT OF THE PROPERTY LOCATED AT 1400 NW 37TH AVENUE. RESULT: DISCUSSED Note for the Record. For additional minutes referencing Item NA.2, please see Item DI. I. Chair Russell: Would you like to mandate or direct the Manager to bring an update on the second October meeting, so that we can have this clear discussion of where we stand? Commissioner Reyes: Absolutely, absolutely, absolutely. Mayor Francis Suarez: Makes sense. Commissioner Reyes: I think it's fair. Mayor Suarez: That makes sense. City of Miami Page 239 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Commissioner Reyes: One thing that I want to make clear, one thing -- and I want my fellow Commissioners also to understand -- we cannot allow this to be postponed and postponed until the right people is in -- sitting in this Commission. NA.3 DISCUSSION ITEM 6526 DISCUSSION BY COMMISSIONER HARDEMON REGARDING City Commission THE RECONSIDERATION OF PLANNING AND ZONING ITEMS. SULT: DISCUSSED RE Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes. Commissioner Hardemon: I do want to -- I want the City Attorney's Office to make a remark about something on the record. Earlier, we had an issue -- earlier, we handled some things. And it's kind of like a procedural thing, so a Mason's -Rules -of - Order -type thing. And so, if there was --for instance, if I wanted to have a motion to reconsider a vote, isn't it true that I can make that motion to reconsider at this meeting or the next meeting? Commissioner Reyes: I move it for this meeting. Commissioner Hardemon: Wait. You don't know -- Barnaby Min (Deputy City Attorney): So it depends on what type of item you're talking about. Commissioner Hardemon: Okay. Mr. Min: Mason's Manual of Legislative Procedure addresses that the motion for reconsideration can be addressed today. Chair Russell: Please speak into the mike. Commissioner Hardemon: Can it -- right. Mr. Min: I'm sorry. A motion for reconsideration can be addressed today. Commissioner Hardemon: It can--? Mr. Min: There is another provision in Chapter 62 of the City Code, when it comes to rezonings, that states that rezoning reconsiderations can occur at the subsequent meeting. Commissioner Hardemon: Right. So I can, in fact, move to reconsider a zoning issue at the next meeting? Mr. Min: A rezoning; that is correct. Commissioner Hardemon: Okay. And the reason this comes up, of course, is because on the record, I was talking about what I believe to be true from quasi- judicial items to non -quasi-judicial items, and I made some findings. Of course, people are trying to give me information that is contrary to what I believe, and I just City of Miami Page 240 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 want to place on the record that I have time in order to consider those things. Right? Mr. Min: Again, just to clam Chapter 62 says a -- the body can reconsider a rezoning. If we're talking about the same item that I think we're talking about, that item today was not a rezoning. Commissioner Hardemon: What kind of item was it? Mr. Min: It was a mayoral's veto. Commissioner Hardemon: But that goes into the quasi-judicial -- Mr. Min: But the item on today's agenda was not the rezoning. The item on today's agenda was a mayoral veto. Commissioner Carollo: You could bring it up, in other words. Commissioner Hardemon: I understand. Chair Russell: No. Commissioner Reyes: You can bring -- can I -- can we bring it up and vote it --? Chair Russell: A second bite at the apple would come at a separate meeting. Commissioner Hardemon: Oh, oh. Commissioner Carollo: No, no, no. Unidentified Speaker: No, sir. Chair Russell: Am I misunderstanding, Barnaby? Unidentified Speaker: That's not true. Commissioner Carollo: It could come at this meeting. Unidentified Speaker: It has to come at this meeting. Mr. Min: Correct. Commissioner Carollo: Yeah. Mr. Min: The mayoral's veto has to be addressed at the first -- at the next meeting. So there is no option on the mayoral veto being deferred to another meeting. Commissioner Carollo: Yeah. Mr. Min: It has to be addressed -- Chair Russell: That's not the question, I don't believe. Mr. Min: I understand. So -- and I want to clarify that a motion to reconsider on a rezoning can happen at a subsequent meeting; motion for reconsideration on a veto cannot. It has to happen at today's meeting, because the veto has to be dealt with today. City of Miami Page 241 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Oh, so you were seeking -- I'm sorry. I didn't understand. Are you seeking a reconsideration of the veto vote, or a reconsideration of the zoning item from July? Commissioner Hardemon: But a motion to reconsider is a motion to reconsider whatever matter the vote -- the motion that was on the floor. Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Hardemon: The motion that was on the floor -- Commissioner Carollo: To veto it. Commissioner Hardemon: -- is a motion to either -- there was a motion to -- Commissioner Carollo: Uphold the veto or not. Commissioner Hardemon: -- uphold -- Correct. And so, what I'm saying is that that is a motion. That was the motion. And so, that motion -- a motion can be reconsidered at this meeting or the next meeting. Mr. Min: It must be -- a motion to reconsider a mayoral veto -- Commissioner Hardemon: But why are you saying, "mayoral veto"? Mr. Min: Because if that's not what we -- Commissioner Hardemon: That was the item that we were dealing with. Commissioner Carollo: Yeah. Commissioner Hardemon: The item we were dealing with was a result of a mayoral veto. Mr. Min: I understand. So assume -- the way I'm -- Commissioner Hardemon: So what I'm saying is that -- but the motion that was presented, it was a motion in and of itself. Mr. Min: I get it. Commissioner Hardemon: It was not necessarily -- Mr. Min: So the reason I'm saying, "mayoral veto," because assuming the motion to reconsider is granted -- Commissioner Hardemon: Right. Mr. Min: -- now you are reconsidering the mayoral veto and whether it should be overridden. Pursuant to our City Charter, the Mayor's veto must be addressed today. Commissioner Hardemon: Right. But we did address it today. Mr. Min: It cannot be reconsidered and then put off to another date. It has to be dealt with today and finalized today. City of Miami Page 242 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 Chair Russell: Let me just understand clearly. Is there an interest in reconsidering the vote that was taken this morning? Commissioner Hardemon: We don't know yet. Chair Russell: Okay. Commissioner Hardemon: But -- and also, it is -- and items that are -- a different question -- items that are deferred. Items that are deferred can be reconsidered today? Mr. Min: Yes, sir. Commissioner Hardemon: Right? That doesn't require a motion to reconsider, or does it --? I guess -- is it still (UNINTELLIGIBLE)? Mr. Min: I believe it does, because the deferral was based on a motion. Commissioner Hardemon: Okay; just checking. Chair Russell: All right. There -- I mean, I would -- Commissioner Hardemon: We'll be here for a while, so. Chair Russell: Right. I believe it -- I mean, there are some notice issues, because when people see a vote for something to be deferred, they leave and go home, and they don't even speak on public comment. If we bring it back late in the evening and they haven't had a chance to come and comment, I believe there may be a notice issue. We just need to (UNINTELLIGIBLE). Commissioner Hardemon: Oh, no. I mean, when you give -- the notice is given. The notice is the notice is the notice. Chair Russell: Yeah. Commissioner Hardemon: When you're in a meeting, you're in a meeting until the end of that meeting. So even if Commissioners leave and we move to reconsider an item, the fact that that Commissioner left is to his detriment. Chair Russell: Got it. Commissioner Hardemon: But for us who are sitting on this dais, we're doing the business, so we can do it, you know. Chair Russell: Understood. Like you said, we do have a long meeting ahead of us, so we can reconsider the reconsidering a little bit later. Commissioner Hardemon: Right. Chair Russell: All right. So we're going to take a break now. Iris Escarra: If I may? Sorry. I just want a -- Chair Russell: Ms. Escarra, don't hurt anybody, please. Ms. Escarra: -- point of clarification. Is FR.2 going to be considered after? City of Miami Page 243 Printed on 121512019 City Commission Meeting Minutes September 12, 2019 ADJOURNMENT Chair Russell: It will. Ms. Escarra: That's actually an item that creates fees that could help you guys on the budget. So FR.2 is actually -- Chair Russell: We were close, but we haven't even gotten to FR.1 yet; and so, that will be taken up after the budget. Ms. Escarra: Okay. Thank you. Chair Russell: Thank you very much. Todd B. Hannon (City Clerk): Chair, my apologies. Madam City Attorney, do -- or if the Budget Director is here -- do we need to pass SR.8 before moving to the budget meeting? The meeting adjourned at 11: 49 p.m. City of Miami Page 244 Printed on 121512019