City of Miami
City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com
Meeting Minutes
Thursday, May 12, 2016
9:00 AM Regular Meeting
City Hall Commission Chambers
City Commission
Tomás Regalado, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Daniel J. Alfonso, City Manager Victoria Méndez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes May 12, 2016
CONTENTS
PR - PRESENTATIONS AND PROCLAMATIONS
AM - APPROVING MINUTES
MV - MAYORAL VETOES
CA - CONSENT AGENDA
PA - PERSONAL APPEARANCES
PH - PUBLIC HEARINGS
SR - SECOND READING ORDINANCES
FR - FIRST READING ORDINANCES
RE - RESOLUTIONS
AC - ATTORNEY-CLIENT SESSION
BU - BUDGET
BC - BOARDS AND COMMITTEES
DI - DISCUSSION ITEMS
PART B
PZ - PLANNING AND ZONING ITEM(S)
MAYOR AND COMMISSIONERS' ITEMS
M - MAYOR'S ITEMS
D1 - DISTRICT 1 ITEMS
D2 - DISTRICT 2 ITEMS
D3 - DISTRICT 3 ITEMS
D4 - DISTRICT 4 ITEMS
D5 - DISTRICT 5 ITEMS
City of Miami Page 2 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Commissioner Gort, Vice Chair Russell, Commissioner Carollo, Commissioner Suarez and Chair Hardemon On the 12th day of May 2016, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 9:04 a.m., recessed at 11:46 a.m., reconvened at 11:59 a.m., recessed at 12:03 p.m., reconvened at 3:19 p.m., recessed at 3:21 p.m., reconvened at 5:09 p.m., recessed at 5:10 p.m., reconvened at 6:06 p.m., and adjourned at 8:35 p.m.
Note for the Record: Commissioner Suarez entered the Commission chamber at 9:07 a.m., and Commissioner Carollo entered the Commision chamber at 9:09 a.m.
ALSO PRESENT:
Victoria Méndez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk
Chair Hardemon: Welcome to the May 12, 2016 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Wifredo Gort, Frank Carollo, Francis Suarez; Ken Russell, the Vice Chairman; and myself, Keon Hardemon, the Chairman. Also on the dais are Daniel J. Alfonso, the City Manager; Victoria Méndez, the City Attorney; and Todd Hannon, the City Clerk. The meeting will be opened with a prayer by Commissioner Gort and the pledge of allegiance by Vice Chairman Russell. All please rise.
Invocation and pledge of allegiance delivered.
PRESENTATIONS AND PROCLAMATIONS
PR.1 PRESENTATION 16-00646 Honoree Presenter Protocol Item
Lt. Francisco Fernández, Mayor Regalado Salute MPD
Sgt. Tomás Salcedo, Mayor Regalado Salute CGPD
Ofc. Luis Pla, MPD Mayor Regalado Salute
Ofc. Armando Ventura, Mayor Regalado Salute MPD
Ofc. Lizlinda Bremer, Mayor Regalado Salute MPD
Ofc. Orlando Saavedra, Mayor Regalado Salute Doral PD
Ofc. Christina O'Neal, Mayor Regalado Salute City of Miami Page 3 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Mia Beach
Ofc. Jason Whiting, Mayor Regalado Salute Dade Schools
Ofc. Luis Rivera, Mayor Regalado Salute Miami- Dade PD
W. Laboratory School Mayor Regalado Proclamation 5th Grade & Comm. Russell
National Tourism Month Mayor Regalado Proclamation & Commissioners
César Sarmiento Mayor Regalado Certificate of & Comm. Suarez Appreciation
Darren Insignares Mayor Regalado Certificate of & Comm. Suarez Appreciation
Officer Jorge Rojas Mayor Regalado Salute & Comm. Suarez
Key Point Academy Mayor Regalado Salute
16-00646 Protocol Item.pdf
PRESENTED
1) Mayor Regalado paid tribute to Lt. Francisco Fernandez from the Miami Police Department and acknowledged his sense of civic responsibility and altruism as a member of the band InBlue. This musical group is composed of law enforcement officers from various police departments in the South Florida area and was created with the purpose of fostering good will between servants of the public order and the community at large. InBlue performs at non-profit events, hospitals, and benefits, where music can act as a catalyst in strengthening the positive image of law enforcement in the eyes of the general public. The members of InBlue feels that music engages an audience in a vitally entertaining and uplifting manner, and helps build bridges of trust, understanding, and mutual appreciation.
2) Mayor Regalado paid tribute to Sgt. Tomas Salcedo from the Coral Gables Police Department and acknowledged his sense of civic responsibility and altruism as a member of the band InBlue. This musical group is composed of law enforcement officers from various police departments in the South Florida area and was created with the purpose of fostering good will between servants of the public order and the community at large. InBlue performs at non-profit events, hospitals, and benefits, where music can act as a catalyst in strengthening the positive image of law enforcement in the eyes of the general public. The members of InBlue feels that music engages an audience in a vitally entertaining and uplifting manner, and helps build bridges of trust, understanding, and mutual appreciation.
3) Mayor Regalado paid tribute to Officer Luis Pla from the Miami Police Department and acknowledged his sense of civic responsibility and altruism as a member of the band InBlue. This musical group is composed of law enforcement officers from various police departments in the South Florida area and was created with the purpose of fostering good will between servants of
City of Miami Page 4 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
the public order and the community at large. InBlue performs at non-profit events, hospitals, and benefits, where music can act as a catalyst in strengthening the positive image of law enforcement in the eyes of the general public. The members of InBlue feels that music engages an audience in a vitally entertaining and uplifting manner, and helps build bridges of trust, understanding, and mutual appreciation.
4) Mayor Regalado paid tribute to Officer Amado Ventura from the Miami Police Department and acknowledged his sense of civic responsibility and altruism as a member of the band InBlue. This musical group is composed of law enforcement officers from various police departments in the South Florida area and was created with the purpose of fostering good will between servants of the public order and the community at large. InBlue performs at non-profit events, hospitals, and benefits, where music can act as a catalyst in strengthening the positive image of law enforcement in the eyes of the general public. The members of InBlue feels that music engages an audience in a vitally entertaining and uplifting manner, and helps build bridges of trust, understanding, and mutual appreciation.
5) Mayor Regalado paid tribute to Officer Lizlinda Bremer from the Miami Police Department and acknowledged his sense of civic responsibility and altruism as a member of the band InBlue. This musical group is composed of law enforcement officers from various police departments in the South Florida area and was created with the purpose of fostering good will between servants of the public order and the community at large. InBlue performs at non-profit events, hospitals, and benefits, where music can act as a catalyst in strengthening the positive image of law enforcement in the eyes of the general public. The members of InBlue feels that music engages an audience in a vitally entertaining and uplifting manner, and helps build bridges of trust, understanding, and mutual appreciation.
6) Mayor Regalado paid tribute to Officer Orlando Saavedra from the Doral Police Department and acknowledged his sense of civic responsibility and altruism as a member of the band InBlue. This musical group is composed of law enforcement officers from various police departments in the South Florida area and was created with the purpose of fostering good will between servants of the public order and the community at large. InBlue performs at non-profit events, hospitals, and benefits, where music can act as a catalyst in strengthening the positive image of law enforcement in the eyes of the general public. The members of InBlue feels that music engages an audience in a vitally entertaining and uplifting manner, and helps build bridges of trust, understanding, and mutual appreciation.
7) Mayor Regalado paid tribute to Officer Christina O'Neal from the Doral Police Department and acknowledged his sense of civic responsibility and altruism as a member of the band InBlue. This musical group is composed of law enforcement officers from various police departments in the South Florida area and was created with the purpose of fostering good will between servants of the public order and the community at large. InBlue performs at non-profit events, hospitals, and benefits, where music can act as a catalyst in strengthening the positive image of law enforcement in the eyes of the general public. The members of InBlue feels that music engages an audience in a vitally entertaining and uplifting manner, and helps build bridges of trust, understanding, and mutual appreciation.
8) Mayor Regalado paid tribute to Officer Jason Whiting from the Miami-Dade Schools Police Department and acknowledged his sense of civic responsibility and altruism as a member of the band InBlue. This musical group is composed of law enforcement officers from various police departments in the South Florida area and was created with the purpose of fostering good will between servants of the public order and the community at large. InBlue performs at non-profit events, hospitals, and benefits, where music can act as a catalyst in strengthening the positive image of law enforcement in the eyes of the general public. The members of InBlue feels that music engages an audience in a vitally entertaining and uplifting manner, and helps build bridges of trust, understanding, and mutual appreciation.
City of Miami Page 5 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
9) Mayor Regalado paid tribute to Officer Luis Rivera from the Miami-Dade Schools Police Department and acknowledged his sense of civic responsibility and altruism as a member of the band InBlue. This musical group is composed of law enforcement officers from various police departments in the South Florida area and was created with the purpose of fostering good will between servants of the public order and the community at large. InBlue performs at non-profit events, hospitals, and benefits, where music can act as a catalyst in strengthening the positive image of law enforcement in the eyes of the general public. The members of InBlue feels that music engages an audience in a vitally entertaining and uplifting manner, and helps build bridges of trust, understanding, and mutual appreciation.
10) Mayor Regalado and the Miami City Commission presented a proclamation to the Greater Miami Convention and Visitors Bureau (GMCVB), the official Tourism and Marketing Organization for Greater Miami and the Beaches, and proclaimed the month of May as National Tourism Month.
11) Mayor Regalado and Vice Chair Russell presented a proclamation to the students of the fifth grade class of Henry S. West Laboratory School who have been studying the issue of trash and ocean pollution, particularly along Biscayne Bay and have decided to actively engage in attempting to solve the problem or at least ameliorate the current situation. These students participated in a shoreline cleanup of the Albert Pallot Park in Biscayne Bay and NE 36th Street and together with family and friends and volunteers, collected 300 lbs. of trash.
12) Mayor Regalado and Commissioner Suarez presented City of Miami Parks and Recreation employee Cesar J. Sarmiento with a certificate of merit and honored his bravery and his commendable sense of civic responsibility displayed in his recent actions in the vicinity of Shenandoah Park. While Mr. Sarmiento was performing his duties he witnessed two citizens running after three juveniles who had just broken into a parked vehicle. His co-worker and himself joined the chase by foot and by automobile, and were instrumental in the arrest of two of the suspects.
13) Mayor Regalado and Commissioner Suarez presented City of Miami Parks and Recreation employee Darren Insignares with a certificate of merit and honored his bravery and his commendable sense of civic responsibility displayed in his recent actions in the vicinity of Shenandoah Park. While Mr. Insignares was performing his duties he witnessed two citizens running after three juveniles who had just broken into a parked vehicle. His co-worker and himself joined the chase by foot and by automobile, and were instrumental in the arrest of two of the suspects.
14) Mayor Regalado and Commissioner Suarez saluted City of Miami Officer Jorge Rojas for his commendable dedication to public service and for the spirit of compassion which he so graciously exemplifies in the execution of his responsibilities. On several occasions the elected leadership of the City of Miami has been informed by grateful constituents of Officer Rojas's professionalism in challenging and difficult situations and the sensitivity of his comportment . Officer Rojas is also active in volunteer work.
15) Mayor Regalado and Chair Hardemon paid tribute to Emeline Alexis-Schulz on the occasion of Haitian Heritage Month. Ms. Alexis-Schulz is a thoughtful leader of the Haitian community and instituted this month-long celebration of Haitian culture throughout Miami-Dade County, which initiative was recognized by President Bush and became a nationally dedicated time to fête the traditions of Haiti throughout its Diaspora.
16) Mayor Regalado and Chair Hardemon paid tribute to Merelie Raphael on the occasion of Haitian Heritage Month for her significant contributions to our community in the fields of government, marketing, and public relations. Ms. Raphael has worked with great success and
City of Miami Page 6 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
recognition as liaison between the Haitian Ministry of Haitians Living Abroad (MHAVE) and associations in the Diaspora, as International Media Relations Representative for the Haitian Ministry of Communications and Culture, and as Community Liaison for District 5 in the City of Miami under Commissioner Arthur Teele.
17) Mayor Regalado and Chair Hardemon pay tribute to Garry Lafaille on the occasion of Haitian Heritage Month. Mr. Lafaille has distinguished himself in government service and is the current administrator of the Little Haiti NET Office in the City of Miami. He started working for the City as a service center aide, then transferred to Public Works as special projects assistant, eventually becoming a storm water management inspector. Mr. Lafaille is well-liked by City management, co-workers, and constituents, and returned to NET as community outreach specialist. He became NET administrator in 2012.
18) Mayor Regalado and Chair Hardemon paid tribute to Joann Milord on the occasion of Haitian Heritage Month for her significant contributions to our community as Executive Director of the Northeast Second Avenue Partnership (NE2P), a community initiated and collaborative effort composed of diverse stakeholders interested in a comprehensive revitalization of the key commercial corridors in Little Haiti. NE2P is committed to creating and sustaining a vibrant commercial center for the residents of the area. As Executive Director, Joann spearheads the strategic planning of the organization, which has enjoyed continued success and good will in the Haitian community and whose budget has tripled under her leadership.
19) Mayor Regalado commended the seventh and eighth grade students from Key Point Academy. The sudents also presented the City with a painting in the style of Vincent Van Gogh.
Chair Hardemon: At this time we will make the presentations and proclamations.
Presentations made.
City of Miami Page 7 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
Motion by Commissioner Carollo, seconded by Vice Chair Russell, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
Chair Hardemon: Before we go on to that, the Planning & Zoning meeting of March 24, 2016, those are the minutes that we have to approve. Is there a motion and a second to approve the minutes?
Commissioner Carollo: Move it.
Vice Chair Russell: Second.
Chair Hardemon: It's been properly moved and seconded to approve the Planning & Zoning minutes of March 24. Also, Mr. City Clerk, are there any mayoral vetoes?
Todd B. Hannon (City Clerk): Chair, did you want to call the question on the motion and second?
Chair Hardemon: I thought I did.
Mr. Hannon: No, sir.
Chair Hardemon: No? Is there any unreadiness? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
END OF APPROVING MINUTES
MAYORAL VETOES
NO MAYORAL VETOES
Chair Hardemon: Are there any mayoral vetoes?
Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.
Chair Hardemon: Okay.
ORDER OF THE DAY
Chair Hardemon: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting.
Victoria Méndez (City Attorney): Thank you, Chairman. Good morning. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this Code section is available in the City Clerk's Office. The material for each item on the agenda is available during business hours
City of Miami Page 8 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
at the 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 on such proposition. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications, or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise-making devices are permitted in Commission chambers. Please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted . Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in the 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 either end at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda; whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are being either withdrawn, deferred, or substituted. Thank you.
Later...
Chair Hardemon: Mr. Manager, any continuances, deferrals and such?
Daniel J. Alfonso (City Manager): Mr. Chairman, thank you. Good morning, Commissioners. We would like to defer CA.2 to June 9; CA.3 to May 26; and DI.3 to be deferred to May 26, as well. I've just been informed that we're also going to defer for 30 days -- that would be to June 9 -- FR.1.
Commissioner Gort: The other one that -- would you repeat the other one, the third? After CA.3, what's next?
Mr. Alfonso: After CA.3 is DI.3, which is a discussion item.
Commissioner Gort: Okay, thank you.
Mr. Alfonso: And FR.1.
Commissioner Suarez: And of the CAs (Consent Agenda) -- I'm sorry, Mr. Manager. Which were the CAs? My apologies.
Mr. Alfonso: Commissioner, CA.2 --
Commissioner Suarez: Uh-huh.
Mr. Alfonso: -- will be deferred to June 9.
Commissioner Suarez: Yep.
Mr. Alfonso: And CA.3 to May 26.
Commissioner Suarez: Thank you, Mr. Manager.
Chair Hardemon: Are there any other continuances or deferrals from the Commission?
City of Miami Page 9 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Vice Chair Russell: To mention any additions, any pocket items would now be appropriate?
Chair Hardemon: You want to continue them?
Vice Chair Russell: No; to add.
Chair Hardemon: Oh, not at this time.
Commissioner Suarez: Mr. Chair, I will move the consent agenda -- or actually, no. You want a motion on the deferrals, right?
Chair Hardemon: Yes.
Commissioner Suarez: Okay, I'll move the deferrals as articulated by the Manager.
Chair Hardemon: Been properly moved. Is there a second?
Commissioner Gort: Second.
Vice Chair Russell: Second.
Chair Hardemon: It's been seconded. Any discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Later...
Chair Hardemon: Is there any other discussion item that we need to address?
Commissioner Gort: Move to adjourn.
Barnaby Min (Deputy City Attorney): I'm sorry, Mr. Chair. There's two announcements I need to make, and I apologize. And I'm also asking if the board would consider moving CA.3, which was deferred this morning to May 26, to the June 9 meeting instead. The desire of the board was to have the Virginia Key Advisory Board consider it, which is on --
Commissioner Carollo: Move it to June 9.
Todd B. Hannon (City Clerk): If we just wanted unanimous consent on this, because we would have to reconsider the motion that was made.
Chair Hardemon: Hearing no objection.
Commissioner Carollo: There's no objection.
City of Miami Page 10 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
CONSENT AGENDA
CA.1 RESOLUTION 16-00133 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXERCISE THE Management SECOND ONE (1) YEAR OPTION TO RENEW FOR REQUEST FOR PROPOSALS ("RFP") CONTRACT NO. 369316, BETWEEN THE CITY OF MIAMI ("CITY") AND WLS, L.C. D/B/A NAI MIAMI, PURSUANT TO RESOLUTION NO. 13-0453, ADOPTED ON NOVEMBER 21, 2013, APPROVING THE AWARD OF RFP CONTRACT NO. 369316, AND RESOLUTION NO. 15-0111, ADOPTED MARCH 12, 2015, APPROVING THE FIRST ONE (1) YEAR OPTION TO RENEW FOR SAID CONTRACT, FOR THE CONTINUED PROVISION OF REAL ESTATE LEASING SERVICES FOR THE CITY'S DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT ("DEPARTMENT"), ON AN AS-NEEDED CONTRACTUAL BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. 16-00133 Summary Form.pdf 16-00133 Back-Up Documents.pdf 16-00133 Legislation.pdf 16-00133 Exhibit.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0213
Chair Hardemon: CA.1.
Daniel Rotenberg: Good morning, Commissioners. Daniel Rotenberg, director, Department of Real Estate and Asset Management. CA.1 is a resolution of the Miami City Commission authorizing the City Manager to exercise the second one-year option to renew the broker's listing agreement at Marlins Stadium retail space, pursuant to the RFP (Request for Proposals) and the resolution number 13-0453. This is approving the first one-year option to renew the said contract. I think the broker is here and would like to give a little presentation on the leasing that's been going on over the last year or so. It's pretty positive, and I thought the broker should be here to give it.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: While the broker is setting up -- I believe it's Jeremy Larkin -- last time we discussed this item, I asked for the deferral and I was under the impression that there was a perception that all the square footage of the Miami Marlins Parking Garages, which is really the City of Miami's, were vacant. That is not necessarily the case, and that's why I wanted Mr. Larkin to do a presentation regarding where we are as of right now. Thank you.
Jeremy Larkin: Good morning, Commissioners. I'm Jeremy Larkin with NAI Miami, and I just
City of Miami Page 11 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
want to give you a very brief overview of what we've accomplished since we took over. Very quickly, if you see this bar chart, when we took over on April 9, 2014, the occupancy was 23 percent. Since that time, we've signed leases or are about to sign leases that will get us to an occupancy of about 83 percent; leaving us with just two spaces. We filled it with retail, restaurants, entertainment, and medical uses. And we only have the -- if you look in the yellow -- two spaces left; one which is a partially built-out restaurant of about 3,200 square feet and about 7,000 feet of unfinished space, which we're looking exclusively now for entertainment uses, restaurant uses; and some retail uses, if they fit with the first two. And other than that, we have been very pleased with the results and things are going fine and it's been fabulous working with the DREAM Team -- Department of Real Estate and Asset Management -- and the rest of the City.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: You're recognized, sir.
Vice Chair Russell: Thank you very much. Has -- what sort of restaurant and retail are they? Are they open outside of game day, and is there a lot of traffic within the parking lot to serve them?
Mr. Larkin: There is a lot of parking available for them. There has been a lot of activity, because there's not a plethora of restaurants in the area; a number of them under construction right now. There was one restaurant under construction that failed to open, and we are now marketing it. I'll be in Las Vegas in two weeks at the International Council of Shopping Centers, pitching to a number of national restaurant chains to take over the 3,200 feet. And then there's a large 8,000-foot entertainment-type use that's in for permitting right now that's going to be using the patio area to its west. That will probably bring in between two and 400 people on a daily basis.
Vice Chair Russell: And the prices we're getting for those are pretty average with the square foot prices in the area or above, or below?
Mr. Larkin: We're getting fairly good rents for the area. We're getting in the mid-20s on a triple net basis with annual increases. And the tenants that are signing leases are putting substantial amount of dollars into the buildout of the space.
Vice Chair Russell: And the remaining amount that hasn't been leased yet, what's your thoughts on that? Is it -- is there any difficulty with that particular spot or it's just a matter of time and finding the right tenant?
Mr. Larkin: It's just a matter of time to finding the right fit and the right mix, because we really -- most of it's on the interior and the plaza area, and we want to have something special so we can create a really dynamic, energetic plaza.
Vice Chair Russell: Thank you.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Hardemon: Been properly moved and seconded. Is there any discussion?
Commissioner Suarez: Just one quick question.
Chair Hardemon: Yes.
City of Miami Page 12 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Suarez: You mentioned that with current leases and anticipated leases, it would be at 83 percent. Can you shed a little light on -- there -- is it -- like you have a current LOI (Letter of Intent) or something or is it --?
Mr. Larkin: No. We have the -- we have one outstanding lease that we are -- we have one open item to finish negotiating.
Commissioner Suarez: Perfect.
Mr. Larkin: And we could be executing in the next four weeks.
Commissioner Suarez: And that would bring you to 83 percent?
Mr. Larkin: That'll get us to 83 percent.
Commissioner Suarez: I just wanted some clarity on that.
Commissioner Gort: Thank you.
Mr. Larkin: You're welcome. I just want to add also to that that the LOI for that is signed.
Commissioner Suarez: Great; yeah, that's good. That's a very strong indication that they're going to sign. Good.
Chair Hardemon: Been properly moved and seconded. Seeing no further discussion, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Commissioner Carollo: Thank you.
Mr. Larkin: Thank you.
CA.2 RESOLUTION 16-00578 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO WAIVE THE Management LATE FEES ASSOCIATED WITH THE CITY-OWNED PROPERTY LEASED TO NEW SPANISH CONCEPTS, LLC D/B/A DOLORES, BUT YOU CAN CALL ME LOLITA, AS IDENTIFIED IN THE CITY OF MIAMI AUDIT NO. 15-001, ATTACHED AND INCORPORATED, IN THE AMOUNT OF FIFTY-EIGHT THOUSAND SEVEN HUNDRED THIRTY SEVEN DOLLARS ($58,737.00), IN EXCHANGE FOR A ONE-TIME PAYMENT OF FIVE THOUSAND DOLLARS ($5,000.00) AND IMPROVEMENTS TO THE CITY-OWNED PROPERTY TOTALING FORTY-FIVE THOUSAND SIX HUNDRED THIRTY DOLLARS ($45,630.00). 16-00578 Summary Form.pdf 16-00578 Back-Up Documents (06-09-16).pdf 16-00578 Legislation v2 (06-09-16).pdf 16-00578 Exhibit (06-09-16).pdf
City of Miami Page 13 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
Note for the Record: Item CA.2 was continued to the June 9, 2016 Regular Commission Meeting.
CA.3 RESOLUTION 16-00645 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Estate and Asset CITY MANAGER TO ACCEPT DONATIONS ASSOCIATED WITH THE Management CROWDFUNDING CAMPAIGN TO BE EXECUTED BY THE NATIONAL TRUST FOR HISTORIC PRESERVATION AND HEINEKEN IN AN EFFORT TO RAISE FUNDING TO RENOVATE THE MIAMI MARINE STADIUM. 16-00645 Summary Form.pdf 16-00645 Back-Up Document.pdf 16-00645 Legislation.pdf
Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
Note for the Record: Item CA.3 was continued to the June 9, 2016 Regular Commission Meeting.
CA.4 RESOLUTION 16-00299 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF DELMOR B. TROUTMAN, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $160,100.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 50001.301001.524000.0000.00000. 16-00299 Memo - Office of the City Attorney.pdf 16-00299 Memo - Budget Sign-Off.pdf 16-00299 Legislation.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0214
END OF CONSENT AGENDA
City of Miami Page 14 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Chair Hardemon: You're recognized, sir.
Commissioner Suarez: Yes. I'll move the consent agenda; the remainder -- the remaining items of the consent agenda.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: I'd like to pull CA.1 from the consent agenda.
Commissioner Suarez: My apologies; subject to the Commissioner pulling CA.1, of course. Sorry. I guess I'm just moving CA.4.
Commissioner Carollo: I'd like to pull CA.1 from the consent agenda and second CA.4, what's left.
Chair Hardemon: It's been properly moved that we pass or accept CA.4. Any discussion on that? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
PERSONAL APPEARANCES
PA.1 PRESENTATION 16-00506 Honorable Mayor PERSONAL APPEARANCE BY STEPHANIE MEEKS, PRESIDENT OF THE Tomas Regalado NATIONAL HISTORIC TRUST, REGARDING THE MIAMI MARINE STADIUM. 16-00506 E-Mail - Personal Appearance.pdf
PRESENTED
Chair Hardemon: PA.1. This is the personal appearance of Stephanie Meeks.
Justin Kissinger: Good morning, Commissioner. I'm making the appearance on behalf of Stephanie Meeks. Justin Kissinger, senior director of Government Relations for Heineken USA.
Chair Hardemon: Okay. Can you come to this lectern, please? Oh, is that yours?
Mr. Kissinger: Mm-hmm, yes.
Chair Hardemon: Oh. Is that -- who's that for? Is that for you?
Mr. Kissinger: Yes. This is --
Chair Hardemon: For you.
Mr. Kissinger: Okay, thank you. May I proceed?
Chair Hardemon: Please.
Mr. Kissinger: Thank you very much. Good morning, Commissioners, City Attorney, Mr. Manager. Thank you very much for having us. I'm here this morning to share with you an
City of Miami Page 15 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
exciting plan that we have for participating in the restoration of the Miami Marine Stadium. Heineken USA over the last year has engaged in a program that we call Our Cities Campaign. The ambition of this program is to go into markets where we have business and make a great city just a little bit greater. We've done a couple of executions on this program previously in New York and also in San Francisco. And we've decided to take on the Miami Marine Stadium as the next iteration of this project and partnered with the National Trust for Historic Preservation in order to do so. The goal of the campaign is to raise awareness of the restoration efforts and partner with the National Trust on an Indiegogo crowdfunding campaign in order to allow the citizens of Miami to participate in the restoration; to raise awareness of it and to leverage our marketing and reach in the community in order to bring the community onboard. The ambition of the program is to leverage the stadium itself through executions at the stadium; through marketing in the community; public relations; a real 360-degree campaign. Our hope is to leverage the stadium and help Miami citizens save their seat. To tell you a little bit about the program, we'll be leveraging social media, public relations on the ground events and have been really grateful for the work that we've been able to do with the City Manager's Office on kind of understanding the situation of the stadium and really helping to make a positive impact. I'm going to turn it over to my colleague, Jason, who can tell you a little bit about where the stadium is now and how our effort is going to fit into the broader restoration effort.
Jason Clement: Hi. Jason Clement from the National Trust for Historic Preservation, speaking on behalf of Stephanie Meeks. As you know, the Trust has been a leading advocacy partner for the stadium since 2012 when we named it a national treasure. National Treasures are our flagship program. These are places that we deem to be extraordinarily significant historically around the country, and therefore, help tell the story of America. They're also places where we make a long-term commitment to help find a preservation solution that's viable. And having -- beginning to work with Justin and his team at Heineken, I can tell you that the momentum they'll bring to the marketing effort and the awareness and fundraising effort is going to help usher in that long-term solution, I believe. You know, we've done a lot of really creative marketing things for the stadium in the past couple of years, including a benefit with Gloria Estefan and Jimmy Buffet; a Coral Gables -- an exhibit to Coral Gables Museum. But with the amazing marketing resources that Heineken will be able to bring to bear, we'll really going to be able to take that to scale and bring in millions of people who have never been involved or even aware of the stadium restoration effort into our campaign. And I will say, you know, the idea that we'll be using the seats as leverage so people who donate will be able to actually own a piece of the stadium's history is not something that is without precedent. At another one of our National Treasures in Houston, we did a similar -- well, we were partners with a similar campaign with the Houston Astrodome. That building, much like the stadium, has been, you know, abandoned and dormant for decades. And the County which owns that facility saw a real asset in the seats, knowing that people would like to donate towards the restoration in return for a piece of the history. So they held a yard sale, which is what they called it, and thousands upon thousands of people came in one day to get a piece of the Astrodome. And having grown up in Houston, I can tell you how powerful it was, because the Astrodome, like Miami Marine Stadium, is where all of our culture happened.
Commissioner Suarez: We did it for the Orange Bowl, too.
Mr. Clement: Hmm?
Commissioner Suarez: We did it for the Orange Bowl, too.
Mr. Clement: Oh, yea. So, you know, the Astrodome, we held our version of boat-racing, which is the rodeo. We went to football games, baseball games, concerts; it's where culture happened in Houston for a certain generation of Houstonians. And I'm very proud to say that I have a pair of seats and I consider them a badge of honor, and I always have fond memories. So I think what we can do is leverage that same nostalgia with the seats in the stadium and really help
City of Miami Page 16 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
raise awareness and critical funds. And what's exciting about this is that it's not a new idea. Ever since we started working on the campaign to save the stadium in 2012, there's been this idea that the seats could be leveraged in some way. I think Tony Goldman was the first one who came up with the idea -- he's one of our former trustees -- when he visited the stadium and said, "You know, people would pay good money for this." And so what's really exciting about this is that it's not just about selling the seats; it's also using a lot of the seats to create public art so that the City of Miami can continue to enjoy the stadium with these iconic blue seats in the stadium once it is restored. So with that, I'm happy we can -- Justin and I can answer any questions. I want to echo him and thank the City staff, including Daniel Rotenberg and Megan Schmitt. I also want to thank Cathy Rick-Joule from the Boat Show. I now she's not here, but the Boat Show is actually what facilitated bringing Heineken and the National Trust together. We met onsite in February during the Boat Show to start brainstorming this campaign; and also, the HEP (Historic and Environmental Preservation) Board, which we had the pleasure of going before last week, and we were really excited to see unanimous support for the campaign and overall concept. So, be happy to answer questions.
Chair Hardemon: Thank you very much.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: You're recognized, sir.
Vice Chair Russell: Thank you very much, and thank you for taking an interest in the stadium. Certainly, we need the financial help that this will generate, but we also are starting to form our own plan. I know there's discussion amongst management about a bond that may come out this fall, which may help us with that. We've got a lot of other funding sources identified. Best case scenario, if this campaign goes well, what do we think it might raise?
Mr. Kissinger: I mean I -- Wills had a number as part of the Indiegogo campaign. It'll probably be a modest number in terms of our initial goal. It's the first time that we've done something like this and had a partnership like this, so it's difficult to estimate exactly what it is. I mean, the upside is limited only by the participation of the market, and our hope is to reach as many Miamians as we possibly can, you know; 80 percent of the City, if not greater than that. So more about engagement, and we'll raise as much money as we're able to.
Vice Chair Russell: Okay. And then there's a new board that just had their first meeting this past week; it's the Virginia Key Advisory Board. Have you presented to them yet?
Mr. Kissinger: No, we have not. We've been working through the City as the owner of the facility.
Vice Chair Russell: Of course. I'd certainly recommend going to that board with a full presentation. They're made up of a lot of activists and stakeholders on the island, and those who are really tasked with making sure we, as a city, are following our own master plan; and, of course, there's a lot of issues on the island with commercialization of the island. And so seeing a large sponsor come in -- and we see this as a very good thing, and a way to help us and gain a lot of publicity around the intention of fixing the stadium. So I think meeting with them to allay any concerns they have over potential sponsorships or signage, or anything like that would be a great next step. That board is going to be -- even though it's an advisory board, we will be listening very much, closely to the things that they bring up to our Commission.
Mr. Kissinger: Absolutely. And we're happy to engage with any stakeholders who you guys think we need to engage with.
Vice Chair Russell: So when somebody sponsors a seat, how does it physically happen? There's
City of Miami Page 17 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
one day where they're all removed and the people line up and they get a tetanus shot, and then they get their seat?
Mr. Kissinger: So the mechanics of it we'll work through with the City Manager's Office. The way that it works is that they're used as an incentive for the Indiegogo Campaign, and we're still working out exactly how it plays out with Indiegogo; but in a shorthand way, it'll be used as an incentive for different levels of giving. And then, also, the ambition is to do a sweepstake so that anyone who participates at any level will have an opportunity to get a piece of it. We expect that, given the number of seats, we'll have more seats at the end of this than we will give away through the program, and the ambition there is to repurpose at least some of them for public art and things that we -- can be used for the benefit of the City.
Vice Chair Russell: How many are there; 6,000, is it?
Mr. Kissinger: There's a mixture of functional and nonfunctional, as Jason would --
Mr. Clement: Yeah. I would say, I think, working with Don Worth, we're anywhere between three and 4,000 that are left now. There've been quite a few that have been removed or just vandalized at the very bottom. And the wooden ones are -- the wooden ones at the bottom of the stadium are in much worse condition than the plastic ones at top.
Commissioner Gort: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Gort: Who's going to be selling the seats?
Mr. Kissinger: So all of the funds will be for the benefit of the National Trust for Historic Preservation. They will control the fundraising portion of the campaign.
Commissioner Gort: Well, my understanding, the way that you work is like they do when you go to the supermarket and you buying the groceries and someone sponsors and says, "We'd like to donate 'X' amount of money to your bill." I thought that's what you were going to be doing within your market.
Mr. Kissinger: Well, it'll be an online campaign, so it would be -- not through a particular retailer; it would be through an online platform called Indiegogo, so you'd be able to access that through your mobile device, through the internet. In terms of how we'll facilitate the seats, we will be supporting the National Trust and making sure that all of the legal processes are followed that --
Commissioner Gort: Right.
Mr. Kissinger: -- the restoration of the building is first and foremost in terms of the removal of it. We defer all of that to the experts in the restoration community.
Commissioner Gort: Thank you.
Chair Hardemon: You're recognized, Mr. Manager.
Daniel J. Alfonso (City Manager): Just for clarification, because I think that the question was asked, is the funds that are given by anybody go directly to an account that will be governed by the Historic Trust? That's its function.
Mr. Kissinger: Yes, that is correct.
City of Miami Page 18 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Mr. Alfonso: Thank you.
Commissioner Gort: We can sell the seats our self and the Trust itself. I mean, my understanding is the large corporation, when they get involved, they have a large market where they make a deal with the supermarkets, where they have their products, and when people go and buy it and purchase, they ask you at the end when you're going to pay, "Would you like to donate funds to so-and-so?"
Mr. Kissinger: I'm sorry, I may have misunderstood your question. The mechanics are not exactly as you describe, because people will be able to do it anytime, anywhere through their mobile device; but, yes, we will be executing at retail; we'll be executing through the -- you know, whatever means within the local market to raise awareness for that.
Commissioner Gort: Because that'll be your largest market.
Mr. Kissinger: Absolutely.
Commissioner Gort: Okay, thank you.
Chair Hardemon: All hearts and minds are clear? Good. Thank you very much. We appreciate your time.
Mr. Kissinger: Thank you very much; we appreciate yours, as well.
PA.2 PRESENTATION 16-00499 PERSONAL APPEARANCE BY WILLIAM TALBERT OF THE GREATER MIAMI CONVENTION AND VISITORS BUREAU REGARDING THE STATE OF THE TRAVEL AND TOURISM INDUSTRY. 16-00499 E-Mail - Personal Appearance.pdf
PRESENTED
Note for the Record: Please refer to the section of the Commission meeting agenda titled "Order of the Day" for minutes pertaining to PA.2.
Chair Hardemon: PA.2 was supposed to be an appearance by Mr. William Talbert; "Bill Talbert," as we affectionately know him. A presentation was done earlier when we gave them a recognition, so I believe that suffices for PA.2.
PA.3 PRESENTATION 16-00454 District 2 - PERSONAL APPEARANCE BY WAYNE PATHMAN, CHAIRMAN, AND THE Commissioner Ken MEMBERS OF THE CITY OF MIAMI'S SEA LEVEL RISE COMMITTEE TO Russell DISCUSS THEIR WORK OVER THE PAST SIX (6) MONTHS.
16-00454 E-Mail - Personal Appearance.pdf
Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez
City of Miami Page 19 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Note for the Record: Item PA.3 was deferred to the May 26, 2016 Planning and Zoning Commission Meeting.
Chair Hardemon: So I'll move on now to PA.3, a personal appearance by Wayne Pathman and members --
Vice Chair Russell: I believe that's been deferred.
Chair Hardemon: That was deferred?
Vice Chair Russell: I believe so.
Chair Hardemon: No, no. It's not deferred. Yeah. PA.3, Mr. Wayne Pathman.
Commissioner Carollo: I don't see him.
Victoria Méndez (City Attorney): Chairman, this item was to be reset for May 26.
Chair Hardemon: All right. Is there a motion to reset?
Commissioner Carollo: Move it.
Chair Hardemon: Been properly moved to reset.
Commissioner Gort: Second.
Vice Chair Russell: Second.
Chair Hardemon: Properly seconded, also. Any further discussion about it? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
END OF PERSONAL APPEARANCES
PUBLIC HEARINGS
PH.1 RESOLUTION 16-00419 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PURCHASE OF EVIDENCE.COM UNLIMITED LICENSES AND TASER ASSURANCE PLAN, WHICH INCLUDES SOFTWARE STORAGE FROM TASER INTERNATIONAL, INC., FOR THE MIAMI POLICE DEPARTMENT ("MPD"), ON AN AS NEEDED CONTRACTUAL BASIS FOR A PERIOD OF ONE (1) YEAR, FOR AN INITIAL PURCHASE AMOUNT OF $88,920.00, RENEWABLE ANNUALLY SUBJECT TO AN ANNUAL FINDING
City of Miami Page 20 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
OF SOLE SOURCE BY THE CHIEF PROCUREMENT OFFICER AND APPROVED BY THE CITY MANAGER; ALLOCATING FUNDS FROM THE MPD'S GENERAL FUND, ACCOUNT CODE NO. 00001.190101.552000.0000.00000, WITH FUTURE PURCHASES TO BE ALLOCATED FROM THE VARIOUS SOURCES OF FUNDS FROM THE MPD, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 16-00419 Summary Form.pdf 16-00419 Notice to the Public.pdf 16-00419 Memo - Sole Source Finding.pdf 16-00419 Memo - Request for Sole Source.pdf 16-00419 Sole Source Letter.pdf 16-00419 Market Research.pdf 16-00419 Legislation.pdf 16-00419 Exhibit.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0220
Chair Hardemon: PH.1.
Chief Rodolfo Llanes: Good morning.
The Commission (Collectively): Good morning.
Chief Llanes: Rodolfo Llanes, Chief of Police. This item is a resolution authorizing the Manager's sole source finding for evidence.com. It's unlimited licenses and a Taser assurance plan for our body cam program.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded to accept PH.1. Is there anyone from the public that'd like to speak on this item? Seeing none, I'll close the public hearing at this time. Discussion amongst the Commissioners. You're recognized, sir.
Vice Chair Russell: Thank you. We discussed this briefly in the briefing. Could you explain to the Commission and the public how the public record process works for these videos? How -- what are the rules under which we are required to keep the video that's created from the body cams, and how can they be accessed? I guess the question was if we are -- if we were using subscription service to a company that kind of has us -- if that subscription ends, will there still be access to the videos that we would need for public record? You know, is there a cost for that, or how does that work?
Chief Llanes: Okay, I'll give you -- I'll walk you through the process as quickly as we can. It is subject to State law. It's -- and our policy is concurrent with the State law. You cannot have a public records request for any video unless you personally appear in the video or are affected by
City of Miami Page 21 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
that case. And so you couldn't request a body cam video that the Chair appeared in. You have to actually be the Chair to get the actual video that you appeared in.
Chair Hardemon: Thanks; appreciate that.
Chief Llanes: Put that in just -- the retention policy is also on State law. We have 30/90, and depending on the case that was captured in the video; same schedule for -- in State law as public records retention. A burglary would be retained for the amount of time that is equivalent to a burglary. I believe it's 10 years; and then up to homicide, which is 99 years. So it's the same retention schedule for all case files that are subject to prosecution. The mechanics of "Should we terminate this contract and what happens to that data?" has to comply with State law. So whatever it is, we would be able to access that for that time period.
Vice Chair Russell: So with some of them, it could be up to 10 years, even though our contract with Taser could be long gone. Do we keep that video or does Taser keep that video?
Chief Llanes: I believe that Taser keeps that footage, but they're encumbered by State law to maintain it until -- should we need it.
Vice Chair Russell: Thank you.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: Thank you, Mr. Chairman. Dovetailing on the same topic, recently, Miami Beach had a incident where one of their officers either recorded a conversation with an attorney or the prosecutor -- I'm not exactly sure -- in the court system. How would that work with us? Could you shed some light on that?
Chief Llanes: The conversation was a hallway deposition --
Commissioner Carollo: Exactly.
Chief Llanes: -- given by a public defender and it -- I don't know if that complies with Miami Beach's policy. I'm not really sure what their policy is. That would not be something that our policy would govern.
Chair Hardemon: Hallway interview; probably a hallway interview. It's a difference between a hallway deposition and a hallway interview.
Chief Llanes: Sorry. I'm sorry, sir.
Chair Hardemon: No, it's just --
Chief Llanes: Obviously, we come from different backgrounds and --
Chair Hardemon: Right, right.
Chief Llanes: -- I would call it a hallway deposition --
Chair Hardemon: You're call it a hallway --
Chief Llanes: -- and you may call it --
City of Miami Page 22 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Gort: You're talking to a public defender.
Chair Hardemon: -- interview because you don't have a court reporter there, so you don't have anyone that can record the conversation testimony. But typically, you'd just have someone that's with you to testify to what that person said while he was there. So a deposition, of course, is sworn in testimony provided by an officer or whomever, and it's a big difference.
Chief Llanes: I stand corrected.
Chair Hardemon: It's okay, it's okay.
Commissioner Carollo: Do we -- so are City officers allowed to record those interviews?
Chief Llanes: No.
Commissioner Carollo: Are -- what's the policy?
Chief Llanes: Our policy is citizen interaction. So that wouldn't be a citizen interaction; it would be a course and scope of your duties as a witness, and so that would not be proper use of the video camera.
Commissioner Carollo: And the second part, which I have heard, and some people have mentioned, you know, somewhat of a concern. When officers are inside someone's home -- let's say a victim's home -- once again, will the cameras be on or is it the discretion of the officer, or how does that work?
Chief Llanes: I think that the -- you know, I was a big supporter of the State law as it passed as legislation, being the fact that it's covered; that unless you're in the video, it would not be made public unless you request it and make it public. And so there's protections in State law and our policy mirrors that. I don't think it would be an issue.
Commissioner Carollo: Thank you, Chief.
Chair Hardemon: Any further discussion? Hearing none, seeing none, all in favor of the item, please indicate so by saying "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
PH.2 RESOLUTION 16-00226 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "MIAMI BAY CLUB", A SUBDIVISION AND A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
City of Miami Page 23 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
16-00226 Summary Form.pdf 16-00226 Notice to the Public.pdf 16-00226 Back-Up from Law Dept.pdf 16-00226 Legislation.pdf 16-00226 Attachment 1.pdf 16-00226 Exhibit A.pdf 16-00226-Submittal-PublicWorks-MiamiBayClubLocationSketch.pdf
Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0221
Chair Hardemon: PH.2.
Eduardo Santamaria: Good morning, Mr. Chair, Commissioners. Ed Santamaria, director of Public Works. PH.2 is a resolution accepting the proposed plat of Miami Bay Club, located along the north side of Northeast 39th Street from approximately 175 feet west of Northeast 6th Avenue to Biscayne Bay. For the record, we would like to correct inconsistencies in this legislative item. The ASF (Agenda Summary Form) and some of the backup documents depicts this plat as creating one tract of land when in actuality, two tracts are being created. Please note that the overall boundaries of the plat do not change. The correct backup has been distributed to you at this time.
Commissioner Suarez: Move it.
Vice Chair Russell: Second.
Chair Hardemon: It's been properly moved and seconded. Is there anyone from the public that would like to speak on this item? Seeing none, I close the public hearing. Any discussion? Seeing all in favor, indicate -- well, there's a motion to approve PH.2. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
PH.3 RESOLUTION 16-00463 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "COURTSIDE APARTMENTS", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
City of Miami Page 24 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
16-00463 Summary Form.pdf 16-00463 Notice to the Public.pdf 16-00463 Back-Up from Law Dept.pdf 16-00463 Legislation.pdf 16-00463 Attachment 1.pdf 16-00463 Exhibit A.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0222
Chair Hardemon: PH.3.
Eduardo Santamaria: Once again, Mr. Chair, Commissioners. Ed Santamaria, director of Public Works. PH.3 is a resolution accepting the proposed plat of Courtside Apartments located at the southeast corner of Northwest 17th Street and Northwest 4th Avenue.
Commissioner Suarez: Move it.
Chair Hardemon: Is there a motion to approve. Is there anyone --?
Commissioner Suarez: Yeah, I move it.
Chair Hardemon: Move it?
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved by Commissioner Suarez --
Commissioner Suarez: I'm a plat guy.
Chair Hardemon: -- and seconded by Commissioner Carollo. Anyone from the public that'd like to speak on this item? Seeing none, the public hearing is closed. All in favor, please indicate by saying "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
PH.4 RESOLUTION 16-00465 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "DUARTES ESTATES", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
City of Miami Page 25 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
16-00465 Summary Form.pdf 16-00465 Notice to the Public.pdf 16-00465 Back-Up from Law Dept.pdf 16-00465 Legislation.pdf 16-00465 Attachment 1.pdf 16-00465 Exhibit A.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0223
Chair Hardemon: PH.4.
Eduardo Santamaria: Lastly, Commissioners. Ed Santamaria, director of Public Works. PH.4 is a resolution accepting the proposed plat of Duartes Estates, located along the northeasterly side of Southwest 23rd Road between Southwest 4th Avenue and Southwest 5th Avenue.
Commissioner Suarez: Move it.
Vice Chair Russell: Second.
Victoria Méndez (City Attorney): Mr. Santamaria, I just wanted to confirm we're creating two lots here, right?
Mr. Santamaria: Yes.
Chair Hardemon: It's been properly moved and seconded.
Mr. Santamaria: PH.2 [sic].
Chair Hardemon: Anyone from the public, would you like to speak? Seeing none, I'll close the public hearing at this time. Any discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
PH.5 RESOLUTION 16-00588 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF THE AS350B2 AIRCRAFT FOR THE MIAMI POLICE DEPARTMENT ("MPD"), FROM AIRBUS HELICOPTERS, INC., FOR AN ESTIMATED PURCHASE AMOUNT OF $2,805,253.00, ALLOCATING FUNDS FROM THE MPD, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED.
City of Miami Page 26 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
16-00588 Summary Form.pdf 16-00588 Notice to the Public.pdf 16-00588 Memo - Sole Source Finding.pdf 16-00588 Memo - Request for Sole Source.pdf 16-00588 Sole Source Letter.pdf 16-00588 Market Research.pdf 16-00588 Legislation.pdf 16-00588-Submittal-Javier Ortiz-Estimate of Scheduled Maintenance.pdf
CO-SPONSOR: COMMISSIONER FRANCIS SUAREZ
Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0224
Chair Hardemon: PH.5.
Commissioner Suarez: Mr. Chair, with the assistance of the Police Chief and the president of the Labor Union, I'd like to move PH.5. PH.5, we briefly discussed at the end of the last Commission meeting, which was a unique opportunity for us to acquire a state-of-the-art piece of equipment for our Police Department, which would, obviously, not only assist in patrolling our city in an effective way, but also provide a layer of officer safety in a way that is an enhanced way than what we currently have. It's a unique opportunity, which is why it requires a four-fifths vote, because what we're looking at is potentially acquiring a -- sort of when you're buying a car -- prior year's model, if you will. And that would result in an approximate savings of about $1.6 million. I'll let the Police Department break down that savings, but it allows us to take advantage of the fact that we got a certain portion of our funding from a -- what would otherwise be a restrictive fund that we can now use as a credit, which saves general fund money; and, obviously, the fact that we are sort of getting the last available unit before they recycle into the new year is also a big savings. It's the same level of equipment that the County has. Obviously, like the County, we have a lot of areas in our city that are challenging to police. And having this sort of technology, which is -- you know, we have -- we talked about it at the last meeting -- we have a variety of different kinds of technologies from very antiquated ones to very modern ones to help combat crime. And I think in those silos, we should have the best and our officers should have the best equipment, and our residents should have the best. So with that, I move the item and I indulge you in your support.
Vice Chair Russell: I'll second it for discussion.
Chair Hardemon: It's been properly moved and seconded. At this time, I'll open up the floor for any public hearing. Anyone from the public that'd like to speak on this item? You're recognized, ma'am.
Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. I just want to congratulate the Commissioner for trying to get our Police Department equipped with the right tools to protect us, to serve us, and I think that we all should see that as something positive; that our city is growing so much, and we actually need to get the best so we can have them be prepared; not just for a criminal, but any other, you know, disaster that we might encounter. Thank you.
City of Miami Page 27 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Chair Hardemon: Anyone else from the public? Seeing none, I'll close the public hearing at this time. Is there -- does anyone want to make a --? Commissioner Gort.
Commissioner Gort: I think he second this.
Chair Hardemon: Would you like to speak?
Vice Chair Russell: Sure. Thank you, Mr. Chair. I certainly recognize and I think we've all been lobbied for the need for this. The question, I guess, is how urgent is this need? And I'm wondering if our own Procurement Department has gone over these numbers and also verifies that this is a good deal; that this savings is correct. I know we're kind of relying on numbers given us probably from the person who's selling it to us. Mr. Manager, has our Procurement Department looked at these numbers to really look at what other options are there out for helicopters? I understand that the sole source on this brand is because we -- our guys are already trained on servicing this brand. Is the savings enough to outweigh another option that would, say, allow us to retrain, you know -- just want to get some -- full view on this one.
Annie Perez: Certainly. Good morning. Annie Perez. I'm the director of Procurement. We did market research, you know, as we do with any procurement, and this helicopter, the brand Airbus is cheaper than Bell; it's one of the things that we looked at. And, obviously, because of the compatibility of equipment, et cetera, it made sense to have it as a sole source. In terms of -- we did look into, to see if there was, you know, like a Blue Book type of -- you know --
Commissioner Gort: Yeah, like in the car.
Ms. Perez: -- that has comparisons, and it's hard for helicopters. What we did find was there are a lot of companies that can come in and appraise the helicopter; obviously, for a cost. But in terms of comparisons, we weren't able to really find anything on a used helicopter such as ours, just to determine, you know, whether what we're getting for fair market value is fair market value. But again, this is a helicopter that, you know -- and the Police Chief can expand on this -- it is a helicopter that's had its issues and has had a lot of repairs, so you need to take that into consideration, as well.
Vice Chair Russell: So you would stand behind these numbers, as well; that they're -- I mean, I would assume there is a market out there within public record of other municipalities that have bought and sold helicopters. Have we looked at that at all?
Ms. Perez: We looked at -- we did -- we called some municipalities. We also -- I know Miami-Dade County recently did a contract with -- for Bell helicopters, and the pricing was slightly higher than this Airbus. So, you know, we did look at that. We also looked again to see if there were any comparisons, any helicopters such as this that were sold or that were on the market, and we couldn't find anything. The only thing we could find were appraisers that will come and appraise the helicopter at a cost.
Vice Chair Russell: I understood from the Chief in briefings that we actually were planning to put this on next year's budget. Is this something that we already showed as having a need for and plan for replacing in the coming year; is that correct?
Chief Llanes: Yes, sir. For -- while in budget discussions, preparing the next fiscal budget, I did put an item in there to replace the helicopter. Typically, law enforcement agencies cycle out their helicopters before the 12th year. The 12th year incurs a very high $200,000 inspection in order to send it out to the secondary market, and so typically, in that 10 -- in that nine- to 11-year range is when we cycle out the helicopters in order not to incur that $200,000 inspection.
City of Miami Page 28 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Vice Chair Russell: And the savings -- but the savings -- the total savings if we get this helicopter now would be -- instead of next year -- would be $400,000?
Chief Llanes: That's -- yes.
Vice Chair Russell: That's a good deal.
Commissioner Carollo: Estimated.
Vice Chair Russell: Estimated.
Commissioner Carollo: That's -- but still subject to negotiation.
Vice Chair Russell: What was the -- what was going to be the source of the funds for next year's purchase potentially, if it was -- we haven't decided that yet?
Daniel J. Alfonso (City Manager): Well, if it had been put into the budget for next year, it would have been the budget; the general fund budget of the City of Miami.
Vice Chair Russell: I see -- and what are -- what is our source of the funds for purchasing this if we approve it today?
Commissioner Suarez: The general fund.
Mr. Alfonso: Well, if the Commission approves this, the money that we would have to use is the money that we have in projected surplus or the SkyRise funds that just arrived that are not yet assigned or allocated.
Vice Chair Russell: So those have arrived; we have the SkyRise monies?
Mr. Alfonso: We have received them; they just haven't been allocated yet. So we'll just have to come back with an appropriation to get it done.
Vice Chair Russell: I don't think we've talked about the SkyRise monies --
Commissioner Gort: That's been done already.
Vice Chair Russell: -- publicly on the dais yet, if I'm not mistaken. Could you explain, Mr. Manager, just a little bit about what money has arrived and how it came about?
Mr. Alfonso: Right. So as you're aware, the Bayside Marketplace extended their lease a year and a half, two years ago, and part of that discussion or the agreement that was reached was that in order to allow the extension of the lease and the construction of the SkyRise Tower, there would be a one-time upfront payment of $10 million made to the City of Miami for the right that they acquired to extend their lease. That money had been tied up in litigation. It had been in an escrow account, subject to some litigation that took place. That litigation has been resolved, and therefore, the money was released to the City of Miami. We never budgeted those funds because we never knew whether they would come or not, pending the subject of litigation. So now that they have come, we have a 10-million-dollar pot that is unallocated. The City of Miami passed a resolution or an ordinance creating a rule that whenever we get a lump sum of money in excess of a half a million dollars that was unbudgeted or unanticipated, 20 percent of it goes to the Transportation Trust Fund. So of that 10 million, 2 million will be allocated to the trust fund when we appropriate it, and the other 8 million remains open to appropriation through the budget process or through whatever discussions we have.
City of Miami Page 29 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Vice Chair Russell: Thank you.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: Chief, what I'd like from you is to explain how you're going to utilize this helicopter; how it's going to help you with a lot of the problems that we've been having in certain neighborhoods; at the same time, I want to make sure if this is approved that it's used by the Police, and that's it; not fun trips or anything like that.
Chief Llanes: I will arrive in a helicopter for my last Commission meeting.
Commissioner Gort: Not you, but some of the -- us might be requesting this and that, so.
Chief Llanes: Operationally, the helicopter is used as a support mechanism for our field units, so when there are perimeters or there are car chases, pursuits or other law enforcement activities that are happening, it is an extra set of eyes that are up, keeping the safety of our officers. It's also used on routine patrol and hotspot areas. The pilot does monitor our police frequency and is charged with monitoring from the air when hot calls go out. He's there, he's able to fly into the area and possibly capture a view that the responding officer doesn't have. So operationally, it's a great tool; and, no, we don't do helicopter tours, and it is used for operational purposes. Now, there are some benefits to this new piece of equipment since it has more capacity. We could, in an emergency situation, deliver equipment or another set of officers to that scene via air, so it's important -- that is another added benefit to our operational capability.
Commissioner Gort: Now, according to my discussion with you all, my understanding is that we have a savings of about 1,700 -- $1.7 million, which is the number, so I want to make sure that that's the agreeable -- that's what you're projecting is -- in other words, they cost from 2.7. This is going to be 1.-something. My understanding also, that was the -- going to be in next year's budget, which is something you can take out of the next year's budget. And let me see, what I have. Also, the helicopter we have today was financed by funding from the Federal Government, from UASI (Urban Areas Security Initiative). We need the permit from them in order to sell it.
Chief Llanes: I'm not real sure of if we need a permit from them if we're replacing the same asset that we're already using so we're not diverting those funds to another asset, and we're not changing the way we use the equipment. I believe we're okay with if we're replacing the asset that we're already using that we're fine with --
Javier Ortiz: We're right now in the process with UASI. They're aware that we are in the process of purchasing --
Commissioner Gort: You are?
Mr. Ortiz: Oh, I'm Javier Ortiz.
Commissioner Gort: Okay.
Mr. Ortiz: Javier Ortiz, president of Fraternal Order of Police, 710 Southwest 12th Avenue.
Commissioner Gort: Thank you.
Mr. Ortiz: Commissioner, UASI has been notified, and we're right now in the process of having that paperwork done. It's -- that's not going to be an issue due to the fact that we're going to be rolling over this existing asset into a comparable one; actually, a more improved asset. So we're going to be able to, in essence, be able to reuse that money a second time with no cost to our City taxpayers.
City of Miami Page 30 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Gort: Thank you. I just want to make sure also, the attorneys may care -- very careful that the contract that we sign agrees with the terms that was stated here today. Thank you.
Mr. Ortiz: Thank you.
Joseph Zahralban: Commissioner --
Chair Hardemon: I have a question, too.
Mr. Zahralban: Excuse me. Joseph Zahralban, Deputy Fire Chief. The Urban Areas Security Initiative does fall under my chain of command, and the stipulations are correct as to it is our understanding right now that as long as the dollars are rolled into a like type of asset and it is an upgrade to that asset, it will be allowed; however, we are currently working with our Federal partners to get that in writing.
Commissioner Gort: Thank you.
Chair Hardemon: That's probably where I was going next, is why haven't we received in writing that confirmation from our Federal partner? That definitely would make me feel more secure in this type of transaction, because many different attorneys can read the same document and come up with a different opinion, and so it just depends on which opinion you have today. And the opinion I think that matters most is what our Federal partner says about how their dollars should be used. I can't recall a time where we've done this before with this type of asset, so, you know, I can't make a comment to verify that type of response.
Vice Chair Russell: Mr. Chair, what is the concern; is it that we wouldn't be able to use the existing helicopter in a trade-in deal if we don't have that authorization?
Chair Hardemon: My concern would be a fiscal concern, because if we do -- as I understand, if we do relinquish the asset or trade it in to someone else, that person would then have that asset and we may have to replace or pay the Federal Government back for the asset that we sold, and so we end up losing money in that sense, but there are some other concerns that I have, as well. When I look at the price of a helicopter, and I consider other assets that the City of Miami has or has access to, such interests as, say, vehicles. You have -- we lease vehicles for Police and things of that nature, and we replace those vehicles after a certain amount of years, because we want to make sure that police officers are driving -- as well as some other folk -- reliable vehicles. And we've decided through a number of different -- a certain number of cars should be leased, rather than purchased. And so, when I look at an asset that has -- as this is saying -- a estimate of scheduled maintenance over the next three years of $757,000, it makes me wonder, well, why is it better to buy this asset if it depreciates at such a -- it's a high value in cost for the maintenance -- instead of leasing that type of asset?
Commissioner Suarez: Mr. Chair.
Mr. Ortiz: If I can just reply to that. This estimate cost of the 757,000 -- the $757,000 is for repairing the current one that we have now.
Chair Hardemon: No, but I understand that, but I also understand that we just made a repair to the item, to the helicopter. The reason I'm saying this is because -- and I'll let you speak in a second -- I want you to talk about finance -- or leasing versus buying, so I want that response. Second of all, explain the last maintenance that was just made to it and I believe that the term was described as an "overhaul" of maybe the engine; I guess that's what it's called. I'm not sure what it's called.
City of Miami Page 31 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Mr. Ortiz: It was the gearbox.
Chair Hardemon: And then also, let's move from there and let's talk about what the company that we're selling it to would do with an asset like that. So, for instance, if I'm trading in an asset, that asset has to have some real value. I don't know of anyone that would buy a car, unless they're using it for scrap metal, unless they were planning on -- cars are a much smaller asset; however, the point being is that you're going to give someone a helicopter as a trade-in value. They obviously believe that there's some value to either resell it or still use it; or in the reselling it, they're using it to continue on to some type of -- on some type of mission. So my worry is that this is not an asset that's going to fall out of the sky if we don't trade it in today. And we're making this purchase through a four-fifths agreement, and it may not be necessary to do today. Thank you.
Commissioner Suarez: Thank you, Mr. Chair. I would just say two things: Obviously, if you overhaul something, you add value to it. And so, for purposes of a trade-in, you are trading a more valuable asset than you would if you would not -- you know -- than if the car basically didn't work, and that's just sort of, you know, logical. And I'll say another thing since I have a little bit of a background in finance: It is always -- listen to what I'm saying -- better to buy versus lease and I'll -- let me explain what I mean by that, okay? If the prices are equivalent, if buying and leasing have the same price, the only difference between buying and leasing is when you're leasing, you're paying a finance cost, okay? So if you're financing for buying -- or leasing -- maybe because of the financing cost, you can compare two different financial products, and maybe one is cheaper than the other.
Chair Hardemon: But we don't have a finance cost in this situation; we will (UNINTELLIGIBLE) leasing it, correct?
Commissioner Suarez: We're buying it.
Chair Hardemon: No, we're buying -- and this is a buy; but also, if we were leasing the product, we wouldn't be financing it, either. We would be just leasing it with the dollars that we have.
Commissioner Suarez: But a lease is a finance. It's just -- it's a finance instrument that at the end, you get to turn back the thing, whatever -- it's a car or -- the difference between a lease and a purchase is at the end of the financing period, with a lease, you get to turn it back. With -- when you --
Chair Hardemon: But I -- what -- not -- some discussion on that, because what I'm hearing, when you say "finance," you're considering the finance cost. So that's why you're financing. But leasing --
Commissioner Suarez: But a lease --
Chair Hardemon: -- can be done through financing or it can be done -- meaning that there's a third party -- Bank of America wants to lend me the dollars --
Commissioner Suarez: Sure.
Chair Hardemon: -- to actually lease that --
Commissioner Suarez: Right.
Chair Hardemon: -- asset. However, in this case this situation, we don't have a lease with Bank of America --
City of Miami Page 32 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Suarez: Right.
Chair Hardemon: -- I mean a financing with Bank of America, because we have the dollars.
Commissioner Suarez: Correct. That's the cheapest of all forms, which is when you buy something cash, because by definition, you get the best discount, because you're fronting the money; and secondly, you're not having to pay any sort of a financing cost, either by -- through a lease instrument or through a loan document or lending transaction.
Chair Hardemon: But what I'm saying here is that even if -- not "here," as in the document we're dealing with today -- but say, for instance, we were leasing this helicopter. And Mr. Manager, if you can give me some guidance in this -- if we're leasing this asset, we would not pay a financing cost; similarly, if we were purchasing the asset. Furthermore, at the end of a certain amount of years, our lease comes to an end and at no cost to the City of Miami, the asset will return back to the person that owns it; is that correct?
Commissioner Carollo: Or we could keep it.
Chair Hardemon: Yeah.
Commissioner Carollo: Because we just did it with the vehicles.
Mr. Alfonso: How many --
Commissioner Carollo: Remember, we just went from purchasing vehicles to leasing vehicles, where, at the end of the lease, we will own the vehicles.
Mr. Alfonso: Okay. Normally, what we would do would be a lease to own, which means that we would amortize the cost over a number of years and at the end, we'd own the asset; like we're doing with the police cars.
Commissioner Suarez: Right.
Chair Hardemon: Do we pay the maintenance cost if we're doing the lease to own?
Mr. Alfonso: What -- either way, the maintenance cost can be built into the agreement. We -- that's something that you negotiate with the company that's selling the piece of the asset. So it would be -- if we enter into an agreement that says, "Look, maintenance is included in this price for the next three years," we just amortized that out throughout the lease.
Commissioner Suarez: But let me just -- Mr. Chair, if I may? I just want to be clear on a couple points. When you pay the maintenance cost, you pay it either over time or you pay it in cash, so it's really -- it's the same thing. When you lease or when you finance, you're paying an interest rate; that is also the same thing. So the taxpayers are paying more over time. The benefit of doing it is from a cash flow -- if we had a cash flow problem, it would be better for us, because we would be getting a smaller annual hit rather than one lump sum hit, but it's always better to pay in cash and to pay in a lump sum, because you don't have to pay financing cost and you get a bigger discount.
Chair Hardemon: I mean, if you --
Commissioner Carollo: Always.
Chair Hardemon: -- had a financing cost, I think you'd be true -- it would be true. If I was
City of Miami Page 33 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
leasing, for instance --
Commissioner Suarez: But a lease is a finance -- that's where I think we're talking past each other. When you lease, it's a financing mechanism. There is an interest rate in the lease; is that correct or is that incorrect? Have you ever -- I mean, unless you're doing -- I've never seen a zero percent lease, but there may be --
Mr. Alfonso: We have a very good --
Commissioner Suarez: -- leasing --
Mr. Alfonso: -- bond rating. We're a credible -- creditworthy organization. On the cars, we were paying about 2 percent.
Commissioner Suarez: Right.
Mr. Alfonso: But there would be a financing cost.
Commissioner Suarez: Yeah. You always have to pay a financing -- you're paying at 2 percent a year, every single year. So the taxpayers are paying an extra 2 percent in interest every year.
Chair Hardemon: That 2 percent in interest, is that what you use or do you go outside of that when you're looking at the schedule of maintenance or paying for maintenance cost on an asset?
Commissioner Suarez: In addition to that.
Chair Hardemon: So, for instance, you just stated the finance cost for -- for instance, say a certain asset, "A," is 2 percent a year.
Mr. Alfonso: Two percent a year is the -- on the outstanding balance. So if you start out with a 2.1 million dollar amount, because let's say that it is 2.8. You're getting 500,000 for the trade-in, so it's 2.3; 2.3 million. It's just like you do with your car and your house. As you make payments, the principal declines. So it's 2 percent on the outstanding balance. Two percent of $2 million is roughly --
Commissioner Suarez: $40,000.
Mr. Alfonso: -- $40,000 --
Commissioner Suarez: Yeah.
Mr. Alfonso: -- a year.
Commissioner Suarez: A year.
Mr. Alfonso: Something like that; a little bit over $40,000 a year in interest declining; over time, it would be a little less, less, less, less.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: You're recognized, sir.
Vice Chair Russell: I think that the true analysis there might be -- I mean, what is the life span of one of these; 10 years, more or less?
City of Miami Page 34 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Chief Llanes: The life span typically for a law enforcement agency is because of turning the asset back --
Vice Chair Russell: Yeah.
Chief Llanes: -- it loses value over time, like every other asset.
Vice Chair Russell: Yeah.
Chief Llanes: And so typically, it's nine to 11 years, before the 12-year inspection period for the aircraft.
Vice Chair Russell: Yeah. So we bought our current helicopter for about how much; do we know? So you take that number --
Mr. Ortiz: It was 1.7 million.
Commissioner Gort: 2.85.
Mr. Ortiz: Back in 2005.
Vice Chair Russell: 2.8 or 1.7?
Mr. Ortiz: 1.7.
Vice Chair Russell: 1.7.
Mr. Ortiz: 1.7, 11 years ago.
Commissioner Gort: Well, if all the discounts come in, it'll be 1.7.
Mr. Ortiz: We're talking about when we purchased the old one initially.
Commissioner Gort: For the old one, okay.
Vice Chair Russell: Right. So the idea being we -- what price we bought it for minus what price we sold it for, we know -- I mean, we know what the cost over that 10-year period was. Compare that to what would be the annual cost of leasing one, and then I think you've got your analysis of which way would be better; buying or selling. You guys --
Chair Hardemon: But the life of a helicopter is not 12 years. I mean, as -- what I'm hearing is that you're saying there's a 12-year inspection. The 12-year inspection, then you know whether or not that helicopter can go further in the number of years of its usage. And then, I've also assumed that the usage -- the amount of usage also will tell us how much that aircraft deteriorates in value. So, for instance, I mean, most airplanes in the sky right now are probably not less than 10 years old.
Chief Llanes: No. It's not the year -- the -- what the -- the 12-year inspection is a $200,000 inspection. And so instead of an agency incurring $200,000 just to inspect the aircraft, typically, you move that aircraft so that you don't have to pay that $200,000 as an inspection for -- to continue to service and move -- and use the asset, so that's why it's typically in that time that you turn over the equipment.
Chair Hardemon: That's what I'm trying to figure out. If a two -- so our question is, is a $200,000 savings worth an expense and a four-fifths vote on a $2.8 million aircraft? That's -- is
City of Miami Page 35 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
that our question?
Vice Chair Russell: That's part of it. I certainly trust that if this was not a good financial deal, our Administration and our Finance Department would very much be sounding the alarm bells here.
Chair Hardemon: Well, to me, when I read the four-fifths opinion, if you will, provided to us by our Procurement, they're basically saying, "Look, we've been" -- "the department has been trained with this type of vehicle; and therefore, we need to have this type of vehicle if they're going to be able to maintain that product." Now, I drive a BMW (Bavarian Motor Works); not a nice BMW, just an old BMW, just in case someone from the Ethics people to say, "How do you have a BMW?" But I drive a 2008 BMW; shows you how nice it is. And essentially, it's the same thing as saying -- I know they're different mechanics, but a person that is trained on a BMW may not be able to work on a Kia, you know. I find that a little bit more difficult to believe. It may be easier, because you know that model of aircraft and that model of a vehicle, but I'm finding it harder to stomach that that is the reason why a four-fifths waiver will be granted, because, for instance, say, okay, this plane did sell. And next year, they're going to introduce another product of that type of aircraft, and there'll be many of them to choose from. The price may be at 2.8, it may be at 2.9, it may be at 3.0. It may or may not have better technology than it did before. But the question is, you know, can we get it at a better value if we wait till the new products come, and we have at least some competition; or do we need to get this aircraft with a four-fifths waiver for the reasons that the mechanic can't -- may not be able to operate -- not "operate" -- but to work on that product? So, I mean, even an opinion about that, about truly, for our airplane or our helicopter mechanics -- that's the true title -- should be able to work on that product. Can we have some sort of opinion about that? One. And two is that the part of the maintenance that we're paying for when you say "scheduled maintenance is $757,000"; or are we talking about we give that to someone else outside of the City of Miami to work on the product?
Mr. Ortiz: Commissioner, to answer your question, in order to change a lightbulb on a helicopter, it has to be somebody that's factory-trained. Fortunately, we have a police officer that is a mechanic. He is factory-trained by Airbus. Of course, he could get trained with another company in the future, but we're not only talking about just the mechanic. We're talking about our chief pilot, who's here next to me, who is very familiar with this product. And when we looked at contracts with Hillsborough County, Miami-Dade Police, the average price of a chopper is about 3.2 million. Right now -- and we haven't even started negotiating -- we're looking at 2.8 million. So, sure, we can wait and put this for next year's budget, but at what cost? An extra four or $500,000.
Chair Hardemon: So my -- but my question is, if the average price is 3.2 million, that means that some are higher, some are lower. Obviously, this chopper is one that is lower. So what makes this chopper less of value from the 3.2 average to the 2.8? Are you telling me that this is a 3.5-million-dollar chopper that we can get for 2.8? If you're telling me that, then it's a different ballgame.
Mr. Ortiz: 3.5, no. 3.2, yes.
Chair Hardemon: So why is it at 2.8?
Mr. Ortiz: Because it's a last model year. They're going to change -- they're going to discontinue this model.
Commissioner Suarez: In 2016.
Mr. Ortiz: They're going to continue -- right, exactly.
City of Miami Page 36 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Chair Hardemon: Okay. So then -- so --
Mr. Ortiz: It's brand new. It's brand new.
Chair Hardemon: Yeah. It's like buying a 2016 car when the 2017s come out, right?
Mr. Ortiz: Right. And --
Chair Hardemon: I understand that. So the question is this -- is that when you're looking at it, this is a savings cost; is that why we're making this decision? Because it -- Mr. -- the pilot -- I just can't believe that you can't -- I'm looking at you -- you cannot fly another craft.
Mr. Ortiz: He can fly anything.
Vice Chair Russell: If we gave him a five-million-dollar Bell helicopter, he'd learn to fly it real fast, yeah.
Mr. Ortiz: Right, but we're going to get this one for a lot less than 5 million.
Chair Hardemon: Where is the proof that this is a 3.5-million-dollar chopper that's being sold to us for 2.8?
Mr. Ortiz: I never said 3.5. I said 3.2. They have the contracts. They have the contracts from Hillsborough and Miami-Dade Police. There was one other thing I wanted to touch on. You were talking about the 200,000 -- I think it was 240,000 overhaul. That wasn't an overhaul. That was the gearbox crashed. It just -- it took a dump, and so that's another reason why we're trying to get our money's worth now. We're able to get an asset in which the Federal Government gave us money. We have the cash flow to do it right now. I would hate to finance something that maybe three or four years from now, we don't have that --
Chair Hardemon: No, I understand; I understand that the cash that we're getting from SkyRise, right? What we haven't had is a discussion about what we should do with the SkyRise money. What I'm saying is that 2 million of the dollars is already gone, because those go to the Transportation Trust Fund. And then, we're now about to make another decision about another 2.5-something million dollars. So half of the money would be gone before we've even decided, I mean, what should we do with the money?
Commissioner Suarez: Mr. Chair, may I please --?
Chair Hardemon: What -- it comes off almost as the first to come up with a decision to buy is how we spend that money, and I would like to hear from Mr. Borroto, correct?
Mr. Ortiz: Yes, sir.
Chair Hardemon: Mr. Borroto, the gentleman next to you described the gearbox has taken a dive into -- a dump. I'm sure that's not the --
Sergeant Dapael Borroto: Yes, sir. Sergeant Borroto --
Chair Hardemon: -- proper tense of the word.
Commissioner Suarez: The technical term.
Chair Hardemon: Could you explain to us what happened with the gearbox; if that is something that is uncommon; the gearboxes need service; and the cost typically to fix a gearbox?
City of Miami Page 37 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Sergeant Borroto: Sure, sir. Sergeant Borroto with the Department of Police. Essentially, Mr. Chairman, what occurred was -- You know, as you gentlemen have read in the news accounts and things like -- dealing with aging aircraft, we have an aircraft right now that's 11 years old. When it was nine years old, they did a dynamic component inspection, which meant they went through everything that rotates on the helicopter and they checked it. They found a massive amount of corrosion in our gearbox to the point that it was determined that that gearbox needed to be overhauled. Now, this gearbox failed early; it should not have failed at that time. But based on the conditions that we fly here in South Florida, where there's the corrosion and things of that nature, we ended up spending $245,000 to overhaul a gearbox three or four years earlier than we should. Now --
Chair Hardemon: But you did it -- you did this three years after it was noted that you should have done this, so in 2000 --
Sergeant Borroto: No -- well -- no, sir. It -- what happens is that estimate -- that inspection should have been done at 12 years. Since we are in a high corrosive environment, Airbus mandates that those dynamic components need to be inspected after eight years. At eight years, it failed the inspection, because of corrosion.
Chair Hardemon: So when was the -- at eight years, that would be 2000 -- about 2009, you said? --
Sergeant Borroto: 2014, 2014.
Chair Hardemon: 2014, okay. And when was the maintenance done on it? When was the changing of the gearbox?
Sergeant Borroto: Well, what happened was that, as the Chief of Police can explain, all of a sudden now, we have a 245,000 maintenance bill that we did not expect to have. This -- we felt we had the need to now scramble -- to not use another word -- for the money. We -- the helicopter sat for 19 months while we identified monies to repair the asset. You know, it's a $1.7 million helicopter that sat for 19 months in a hangar without being used because of the conditions that we fly in.
Chair Hardemon: Now, I see lots of helicopters in Liberty City. Are there other helicopters that we have?
Sergeant Borroto: The one you see the most, Mr. Commissioner, is our helicopter; that's -- I assure you that, one. Two, now, just to -- something that you brought up earlier, Mr. Chairman: The helicopter continues to age. We have inspections that are coming up: the 12-year tail gearbox; the servos. All those things are coming up, and, you know, we're talking 25K, 10K, 18K, 25 -- and they're coming. If we stay -- maintain -- we stay with this helicopter, it's going to continue flying, but, as you gentlemen see in those forms that you received, our costs are going to grow exponential in the next three years. By buying a new helicopter, which, just to clarify something, it's not a discontinued helicopter. It's just that the company has stopped making this particular variant or airframe/engine/gearbox combination. They're still going to make the engine; they're still going to make the gearbox; they're still going to make the airframe; just not in that combination. And --
Chair Hardemon: So at what -- and at what point then -- coming to you, Commissioner Suarez -- at what point then, if they're not making that same engine/gearbox combination, will they say, "We're no longer going to be able to produce that engine/gearbox combination on this" --?
Sergeant Borroto: They're well beyond the projected lifetime of the new helicopter; well beyond,
City of Miami Page 38 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
sir. I assure you of that.
Chair Hardemon: I'm not sure you understood what I said, because I'm not sure if I explained myself correctly.
Sergeant Borroto: Yes, sir.
Chair Hardemon: What I'm asking you is, you're saying that this is the last time that you're going to be -- they're going to produce this type -- not the model, but that type of --
Sergeant Borroto: That combination of equipment, correct.
Commissioner Gort: Right.
Chair Hardemon: So then I assume that they'll come up with a new product with a different type of combination of equipment. And then the company, as most companies do, will start to focus on the new product and really start to discontinue or limit, or slow down the production of the parts for the old product. So if I have a 2000 -- and I don't know when iPhones came out -- but I have a 2004 iPhone, it'd be hard pressed for me to find replacement components --
Sergeant Borroto: Of course.
Chair Hardemon: -- for that iPhone. So I'm trying to figure that out. So how much will this, in your professional opinion that you've seen -- and if you haven't seen it, please say that -- but in your professional opinion, when you have a product like an aircraft and the components to that aircraft; a new product comes out that replace this -- that style, if you will --
Sergeant Borroto: Yes, sir.
Chair Hardemon: -- or that combination of mechanics, at what point -- is it three years, five years, seven years down the line -- that it'd be more difficult to service that particular aircraft? Because I would assume more difficult to service because of lack of products makes it more expensive, also.
Sergeant Borroto: Sir, again, I -- just to answer your question, if I may, essentially this: They're not going to stop making the individual components of the helicopter. They're going to continue building those for other engine/airframe combinations. So, for example, our particular airframe, which the one that we like to purchase is a B-2 -- well, now they make a B3e. The B3e airframe is the same exact airframe as the B-2 aircraft. So if we need parts for our B-2 airframe, that's not going to be a problem; well beyond the expected lifetime of the new helicopter; same thing with the engine and gearbox combination. In my professional opinion, we should not have this problem in the next 10 to 12 to 15 year life -- expected lifetime of the new B-2 aircraft that we're buying -- that we, if you approve the -- you gentlemen approve it by today.
Chair Hardemon: One last question, and then I'll have Commissioner Francis Suarez take over. Who made the offer to the City of Miami for this new helicopter? Because I'm trying to -- I want to figure out where this last one came from.
Mr. Alfonso: It came through the Police Department, so I'm not --
Sergeant Borroto: If I may, Airbus Industries several years ago decided they were going to stop making the B-2; you know, they're moving on to the B3e. At some point, they began to run out of airframes. You know, they have a bunch of crates with B-2s and they take them out, and they sell them. When we were down -- they were down to the last four or five, they came to us and said, "Listen, I know that you have your EC120B. It's 11 years old; you're going to have these issues."
City of Miami Page 39 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
We know what the issues are. They don't have to tell us what our issues are. "And we have this opportunity where we can offer you a B-2 at a much reduced price." We looked at the numbers; we've looked at contracts; we've looked at other agencies and what they've done, and we're getting a good deal, Mr. Chairman.
Commissioner Suarez: No, listen, I think you've all vetted, you know, this very deeply, and I think that's appropriate. I would just say that this was going to be budgeted with general fund money last year, so it would be general fund money this year. I understand there's sort of a temptation to look at the SkyRise money, because it's a one-time infusion of money, and this is sort of a one-time expenditure. But the fact of the matter is, it's general fund monies; general fund money next year; it's general fund money this year; and we have a surplus this year. So I wouldn't necessarily peg it to one, you know, source of revenue that we're getting. I understand why it gets talked about, because it's one-time-in money and one-time-out money, but the fact of the matter is that this is general fund money this year or next year. It's the same source of money; it's the same pot of money; just like we do a variety of projects throughout the City with general fund money, you know, and that the cars are general fund money, et cetera.
Vice Chair Russell: I do disagree a little. I think if we -- if that 10 million hadn't come in from SkyRise, I don't know that we would be here talking about this right now. I could be wrong. I could be wrong, but the fact that it dropped in our laps and now we're talking about a big expenditure that we did have on the books for next -- or it's not on the books, but we were planning to purchase next year, we're moving it forward, because suddenly, the cash is available. I'm very much with Chair Hardemon that this probably should be a part of a bigger discussion of what we do with that 10 million. We've already allocated two; now potentially another two or three and --
Commissioner Suarez: I would agree with that; that the discussion has to happen on the SkyRise money, without a doubt. I have absolutely no problems with that, whatsoever; and we haven't had that discussion, and I agree. But I would just tell you, for me, who brought this item, as well, that if the surplus issue was 17 million or 27 million, I would have brought this item. So regardless of whether we were getting 10 million from SkyRise or just had a regular 17-million-dollar surplus, I would have been bringing this item this year, because of the cost savings are so significant, so I just -- but I do agree we need to have the discussion, because we are getting an influx of $10 million, and I do think it's healthy for us to -- I think we should naturally have that discussion, absolutely.
Vice Chair Russell: I guess -- yeah, I guess I misunderstood, because I really felt that this was coming from that 10, and that's kind of why we're bringing it up in this timeframe, and I think that discussion should happen before we spend it all. I don't know what -- do you have any other thoughts on that?
Chair Hardemon: Commissioner Gort.
Commissioner Gort: Let me tell you, I -- the tone from the beginning, I like the process that was used, because everybody -- right now, $10 million, everybody wants to come and wants $10 million. They want to get the -- tap that $10 million. I think that's something that we all have to take care of, and the reason that I'll vote for it is because I talked to the Chief. Chief made a presentation in how he can use this for safety. It's part of the next year's budget, which means next year budget, he could take it off the general budget; at the same time, according to the savings that I see here -- and I want to make sure the Administration makes sure the savings that have been projected in here are true. I also want to make sure that the contract that they have assures that they going to maintain it for the next three years where we're not going to have any expenses, which they are going to be -- I think it's about a $600,000 savings if we maintain the one we have; that's the only reason for it. But I agree, those $10 million, we already have two dedicated to Transportation. We only have eight left. The City has a lot of need for capital
City of Miami Page 40 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
improvement; even the police station right now, the -- my understanding is we have to clear two floors that they have to be working on it. I don't know how much that's going to be. So that's something we need to consider. The only reason I'll be in for this is because I think it's public safety for the whole -- citywide, which is very important at this time. Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: Thank you, Mr. Chairman. Let me start by asking -- I haven't looked recently -- is there any LETF (Law Enforcement Trust Fund) monies that could be used? No?
Mr. Alfonso: My understanding, Law Enforcement Trust Fund has been almost completely depleted to the point where we had to supplement some of it with general funds.
Commissioner Gort: The golf tournament.
Mr. Alfonso: Right. We couldn't even fund PAL (Police Athletic League) with the amount of LETF money that we have.
Commissioner Carollo: Okay, because I haven't looked at it, but that's in the past what we've used. So, listen, this is the way I'm seeing it: I understand that $10 million from supposedly SkyRise comes into the City and it's general fund monies and we get to decide, but since it's a pot of money that we know is a large amount -- 10 million -- I could see why more people would say, "Hey, well, we could use that money for this and for that," and we haven't had the discussion; however, I will also tell you that we're having our midyear adjustment today, and that midyear adjustment is somewhere in the neighborhood of $16 million, you know. And I have always stated that I think public safety is the priority. You know, our first responders, Police, Fire, they need the tools; they need the resources. Even if this is an upgrade, still, if we can upgrade, I think it's something positive that we should do. As a matter of fact, I'll be honest with you. When I look at our 16 million-plus midyear adjustment, I'd much rather spend some of this money on public safety and the resources than I would on what we're actually going to spend it on. I'll even -- I'll give you an example, which isn't going to be popular with my colleagues -- I get it -- but I'll give you an example. Each Commission district -- well, each elected official is going to receive a million dollars for capital projects. Now, there's a lot of needs.
Chair Hardemon: You could transfer yours --
Commissioner Carollo: There's a lot of needs.
Chair Hardemon: -- for this helicopter.
Commissioner Carollo: Well, there's a lot of need, but at the same time, if each one of us, instead of a million, receive 600,000 and gives 400, you know, you don't have -- you don't really need --
Commissioner Suarez: We could do the helicopter, right.
Commissioner Carollo: -- you really don't need to tap into the $10 million or the $8 million that's coming from SkyRise. So I guess what I'm saying, there is actually --
Commissioner Suarez: But it's all the same; but it's all the same pot of money, too.
Commissioner Carollo: -- ends up being general fund, yes.
Commissioner Suarez: Yeah.
City of Miami Page 41 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Carollo: It ends up being general funds, but, again, there -- I mean, there's options. But what I'm saying is I -- listen, I believe that if the Police Chief is coming before us, if our Police Department is coming before us -- and I -- honestly, I think he should have come before us when that helicopter was stagnant there for the 19 months. I think -- I don't know what year it was; maybe it was the years that we were in financial crisis. I'm not sure what years it was.
Mr. Ortiz: It was 2014.
Commissioner Carollo: I think you should have come before this Commission -- or at least the Manager -- someone should have come before this Commission and addressed the issue, because I don't think that should have been -- that, you know, having an asset of that importance sitting there depreciating; shouldn't have happened. So again, public safety is a priority for me. We're having a midyear adjustment. We could even look at, you know, each item in our midyear and see if some of those monies is not better spent in public safety; and there, we could have the discussion as far as SkyRise later on. Either way, I'm going to be in favor of this item. I do have a question. You know, more and more, we're becoming a vertical city, so I wanted to ask, would the helicopter be at least able to be equipped with equipment for repelling and fast roping so our SWAT (Special Weapons and Tactics) teams, our SRTs (Special Reaction Team) can go on rooftops?
Mr. Ortiz: Yes. This has -- this -- fortunately, this -- the helicopter we are looking at has the hoist capability in which we'll be able to do that. We're underpowered with the one that we have now. This one has sufficient power, and it's not only about -- you know, everyone always talks about SWAT, but we can also put K-9 dogs; we can also put crisis negotiators in order to de-escalate the situation. And instead of always approaching any type of incident from the ground, we'll be able to come from the top, and that essentially is extremely important, especially in the environment that we're dealing with today.
Commissioner Suarez: You can't do that with a drone.
Commissioner Carollo: And that --
Mr. Ortiz: You can't do that with a drone.
Commissioner Carollo: -- was exactly my point. Listen, unfortunately, we're becoming a nation, a society of more and more --
Commissioner Suarez: Threats.
Commissioner Carollo: -- threats from different types of level; and some real, some are not, but the bottom line is we need to give our -- we need to give the resources to our first responders. And, you know, since we're becoming more and more of a vertical city, we need to look at thinking outside the box. And even though I have to admit this is not thinking outside the box, but right now, we don't have that capability. And if we have some type of hostage situation in one of these high-rises at the 80th floor or 70th floor or 60th floor, you know, not necessarily is it always good to go through ground; not to mention that with our traffic issues, a lot of times we have problems navigating through the ground. I want to make sure that I give our first responders, our Police Department all the resources they have and the different ways of being able to address a situation that could be chaotic for our city.
Mr. Ortiz: Thank you.
Chair Hardemon: Sergeant Borroto, when you're not flying the aircraft, what are your other responsibilities?
City of Miami Page 42 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Sergeant Borroto: My -- well I -- not only do I fly the aircraft, sir, but I also manage the detail myself, you know, along with maintenance contracts, fuel contracts with BMS; you know, with purchasing that we're doing a contract for the maintenance of the helicopter; things of that nature.
Chair Hardemon: So when the helicopter was stagnant, as you put it, for 18, 19 months --
Sergeant Borroto: Yes, sir.
Chair Hardemon: -- what were you doing?
Sergeant Borroto: I went to patrol.
Chair Hardemon: You went to patrol.
Sergeant Borroto: Yes, sir.
Chair Hardemon: So no one flew a City of Miami Police aircraft at that time?
Sergeant Borroto: Correct.
Chair Hardemon: Was there ever a need for the City of Miami Police aircraft at that time?
Sergeant Borroto: I would get calls every day.
Chair Hardemon: What kind of calls?
Sergeant Borroto: Basically, "Are you guys up? We have this situation. What's going on? When are you guys coming back?" You know, that sort of thing, Mr. Chair.
Chair Hardemon: But then how would we alleviate that concern?
Sergeant Borroto: At the time, we would have the County come and respond to us whenever they could.
Mr. Ortiz: If they could.
Sergeant Borroto: If they could.
Chair Hardemon: Okay. The -- there's some figures, Ms. Perez, that were listed in this document from Airbus Helicopters that was written to you on May 11. Part of it, it talks about the future market value of this helicopter. It does indicate there that there's a $200,000 average 12-year inspection cost; which, of course, means it could be lower, it could be higher. However, what it does, it says -- in .2, it says that HeliValue, which is an independent aircraft valuation company, assesses a fair market value of approximately $765,000, but without the cost of the 12-year inspection, okay? This is how they got to the future market value of 565. Earlier, you made a statement on the record that it was difficult to determine the value of the cost of the aircraft without paying someone to assess the value. So my question is, how did HeliValue come up with the value of this aircraft at 765?
Ms. Perez: Are you talking -- I'm sorry, Commissioner. Are you referring to the Airbus letter?
Chair Hardemon: Yes.
City of Miami Page 43 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Ms. Perez: Okay. Well, obviously, Airbus -- it is one of their aircrafts, so I would imagine they'd know the value. What we were trying to find out is if there's other --
Chair Hardemon: No, no, no.
Ms. Perez: -- companies.
Chair Hardemon: What it reads, it says, ".2," see the first -- you see the first dot?
Ms. Perez: Uh-huh.
Chair Hardemon: And then the second dot talks about major components. But at the sec -- in the second sentence, it reads: At this level, HeliValue, an independent aircraft valuation company, assesses a fair market value of approximately $765,000, without factoring in the cost of performing the 12-year inspection, which averaged 200,000. This yields a future market value of 565. This is important to me, because this is the trade-in value that you're talking about. So today -- at the very end of it, the last dot says that AHI estimates trade-in value of this aircraft, N380MP to be 515 as of -- $515,000 as of May 11, 2016, which is today; which, of course, is before it actually has the inspection. Now, so they come up with a trade-in value. They're saying that their trade-in value is determined from HeliValue's independent aircraft valuation. So my question is, when you say that it's difficult to determine the value of it without an inspection, it appears, I would think, that Airbus Helicopters has an inspection that has been made on it. You know, what I'm asking is, where is that inspection that tells us it's 765? And if it is 765, would it be something that the City would negotiate? Would the City just accept a $200,000 decline in value before this inspection is done just because an inspection will be in the future? So that's where I'm going.
Ms. Perez: Now I understand, Commissioner. Thank you. The -- I just got this letter myself, so --
Mr. Ortiz: Last night we got it.
Ms. Perez: Well, I received it this morning. The value of -- first of all, the -- we have not seen the actual inspection document; this is all I have. Second of all, we would definitely negotiate, you know, because I was a little surprised at the 515 myself, so that is something we would negotiate with Airbus. You know, the -- I believe all contracts are -- you know -- can be negotiated, and this one wouldn't be any different.
Chair Hardemon: And the reason I'm -- I mean, so the cost of the trade-in value is important.
Ms. Perez: Right.
Chair Hardemon: Moreover, we just spent north of $200,000 to do a repair, and you're saying that it would cost us another $200,000 to do an inspection. And we've exceeded the value of that aircraft when we made the fix in the first place. So I would think that Procurement and everyone involved with this type of decision would say, "You know what? I'm not going to make a 200,000 -- how much was the fix last year; 200 what? $245,000 --
Mr. Ortiz: 245.
Chair Hardemon: -- I believe from Sergeant Borroto. You would not make a $245,000 fix, because you know you have a 200 -- an average of a $200,000 cost for inspection a year later.
Mr. Ortiz: Right.
City of Miami Page 44 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Chair Hardemon: And therefore, because it exceeds the cost of this vehicle -- of this aircraft. And so, I mean, these are the things that I'm kind of struggling with, because Airbus is telling me that they're going to sell this -- now, this document doesn't say it -- but they're selling it for 2.8 million, I believe.
Ms. Perez: Mm-hmm.
Chair Hardemon: There is statements on the record that the value is about 3.2 million, but we don't have -- I don't have anything in front of me that shows that's what the value -- not the -- not -- just not the value, but that is what that product is selling for, is what they sell it for today, and it's worth more. So I go to a dealership. I can imagine you buying helicopters is probably the same way as a dealership for people who can afford a more luxury item. And they say, "Look, this sticker price says $3.5 million." And so -- "But we're offering it for $2.8 million." There's nothing like that in front of me. I want to be sure, like Commissioner Gort, that what we're purchasing, we're purchasing this because there is a tremendous savings; not just in some anticipated cost, but on the actual purchase of this particular aircraft.
Ms. Perez: Commissioner, the -- earlier, I spoke about the Miami-Dade County contract. The contract expired June 30, 2015. It was done as an RFP. It was a straight purchase for four helicopters for Police. And the model -- and I apologize --
Chair Hardemon: When was it entered into? Do you remember when it was entered into?
Ms. Perez: No, I don't.
Mr. Ortiz: 2006, I believe. 2006.
Chair Hardemon: So it was in 2006 -- and this is a statement on the record from --
Mr. Ortiz: Javier Ortiz.
Chair Hardemon: -- Sergeant Borroto and also Javier Ortiz; he's saying that. And so in 2006, it was entered into. This is not a 2002 agreement that had five years and they could renew for another five years or two two-year periods; nothing like that. You're saying 2006, it was entered into.
Mr. Ortiz: When they purchased all those helicopters, yes. And it was --
Ms. Perez: And --
Mr. Ortiz: -- I think, at 3. --
Ms. Perez: Yeah, 3.8 million; that's what I was going to get to. The -- and I apologize. Before on the record, I had said "Bell." Bell were for the Fire helicopters, so I do apologize. I want to correct that for the record. But they did purchase the 350B3 model. What we're looking at now is the B-2 model. So the B3 models were purchased at $3.8 million.
Chair Hardemon: Okay. But the B3 model is an upgrade of the B-2 model.
Ms. Perez: Correct.
Chair Hardemon: Wait. I'm sorry. The B-2 model is what we're buying or we're --
Mr. Ortiz: It's a hundred extra horsepower between each one.
City of Miami Page 45 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Ms. Perez: Between --
Chair Hardemon: The B3 model is what we're buying or the --
Ms. Perez: The B-2.
Chair Hardemon: -- we're buying the B-2.
Ms. Perez: Right.
Chair Hardemon: Currently, we have a -- what?
Ms. Perez: Currently, we have a --
Mr. Ortiz: EC120B.
Ms. Perez: EC120B.
Chair Hardemon: Okay. So there's an increase in value, meaning the cost. There's an increase in cost for the model that we have to the model we're trying to buy. And you're saying the County contract is for one that's a higher cost than the one that we're trying to buy today.
Ms. Perez: Correct.
Chair Hardemon: Okay. So that's not apples to oranges. So you're telling me --
Ms. Perez: It's not apples to oranges.
Chair Hardemon: -- I mean --
Ms. Perez: It was hard for us to find any apples to oranges.
Chair Hardemon: Not apples to --
Ms. Perez: You know, we did source, you know, Lee County, Pinellas County. You know, we tried as much as we can --
Chair Hardemon: Did anyone buy this model? Do you know anyone that may -- what about Airbus? The last time they sold the B-2, what did they sell it for?
Ms. Perez: Well, they said that Pinellas County used a sole source as a method of procurement. It was a fleet of seven aircrafts, all Airbus models, but we weren't able to get a -- you know -- hold of anybody at Pinellas County. We tried, we tried, we tried. You can try so much and they don't return your call.
Chair Hardemon: And the reason I'm saying this -- and I'll let the rest of the Commissioners weigh in on this -- is that what is the "B" -- this particular B-2 model -- and you had four of them left, as you've stated before, so I just --
Sergeant Borroto: There's only one left now, Mr. Chairman.
Chair Hardemon: I know there's one left now.
Sergeant Borroto: Yes, sir.
City of Miami Page 46 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Chair Hardemon: But the three before this one -- particularly the one before this one -- how much did it sell for? What was the sell price on this product before it's coming to us now for a sole source agreement? Because I think those things matter, because you're looking at -- if this is a $2.8 million helicopter, then it's a $2.8 million helicopter. If it's a $2.8 million helicopter that's being sold for -- or if it's a $3.3 million helicopter that's being sold for 2.8 because they are having a fire sale, if you will --
Ms. Perez: Mm-hmm.
Chair Hardemon: -- then that's a different issue. But I just haven't had any evidence that this is the best thing to do besides the public safety argument. So I want that. Is there any way that we can have that information before we make a decision?
Mr. Ortiz: Not be --
Chair Hardemon: That the last cost of a "B" -- the last -- someone knows Mr. Paul D. Peterson from Airbus. One of you all has his cell phone number or his company number. You can call and say, "Hey, what was the last cost?" Something that we can say -- just like this letter. I mean, letters are nice, but this whole letter is full of estimates.
Mr. Ortiz: Commissioner, we're going to call somebody from Airbus right now to see if we can get you that information; that way, you can make a better decision.
Chair Hardemon: Thank you. Because this is full of estimates. And the one thing we should be sure of is that, one, the sale price, right? So we know that today, it's not even -- well, the sale price -- the purchase is about a 3 -- $2.8 million; that's what I'm sure of. I'm not sure of my trade-in value. I'm hearing that it could be -- well, this paper, they estimate 515. So they're telling you, "I'll give you 515 for your 2.8," which means they're probably going to sell it for that 765 or higher.
Sergeant Borroto: Mr. Chairman, if I may just -- not to interrupt you, but I just want to make something clear, and I understand where you're coming from completely, but I would like to say this: When our helicopter was sitting in the hangar, we couldn't give it away for free. The value is not "what the value is." The value is, "Is it flying?" That's where the value is.
Chair Hardemon: But is it flying today?
Sergeant Borroto: It's flying today with a $200,000 inspection in a year; with at least $170,000 worth of part replacements that are going to happen within the next 24 months.
Chair Hardemon: Right. So -- but my question is this: I want you to tell me then why it is not better to increase the competition to allow -- to maybe see if there are other helicopters that are similar to this helicopter that would yield the same type of result for us.
Sergeant Borroto: Sir, the Bell helicopter that would be comparable to this particular Airbus will be a Bell 407. A Bell 407 you're not going to get below $4 million; it's not going to happen. I know they're great negotiators, but it's not going to happen. With this B-2, less variant, Airbus wants to get it out of their warehouse.
Chair Hardemon: No, they want to sell it.
Sergeant Borroto: Right. They want to get --
Chair Hardemon: They don't want to get it out -- they want to sell it.
City of Miami Page 47 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Sergeant Borroto: Of course.
Chair Hardemon: And so the question is, the $2.8 million sale that they're going to receive, is that a cost savings to the City of Miami?
Sergeant Borroto: Yes. I'm waiting to get a text from the B-2 -- from the Airbus representative, which, hopefully, he will answer right away.
Vice Chair Russell: Mr. Chair.
Commissioner Carollo: Thank you. Thank you, Mr. Chairman.
Chair Hardemon: Commissioner Carollo and then the Vice Chairman.
Commissioner Carollo: Thank you. This may be a little bit out of my norm, because I'm usually a --
Chair Hardemon: A stickler for the numbers?
Commissioner Carollo: -- stickler for the numbers; yes, you're right. I guess you've noticed. But like I said, this is a little bit different for me. This is about public safety for our residents and public safety for our officers. This helicopter is flying; however, does it have the mechanism in order to repel or fast rope a SWAT team on top of a building?
Sergeant Borroto: It does not.
Commissioner Carollo: It does not.
Sergeant Borroto: No, sir.
Commissioner Carollo: So if there's a hostage situation in one of our buildings and we have determined that the safest approach for our officers is to go by air so they will not be deterred and so they will have the element of surprise, will we be able to do that right now?
Sergeant Borroto: No, sir; not with our helicopter.
Commissioner Carollo: So if we can upgrade a helicopter to provide public safety, not only to our residents but to our officers, I'm onboard. Now, that doesn't mean that I won't look at the numbers; that doesn't mean that -- we should look at the numbers. But I am telling you, out of the norm, I -- if it appears like this is a good deal, which it does -- and again, they're contacting the company. Let -- you know, let's see; let's give every opportunity. However, I don't want this to linger and defer it for another two weeks or defer it on and on, because you just heard -- I mean, there is the possibility that, you know, our officers' lives are on the line, you know. And this is -- to me, this is about public safety for our residents and public safety for our officers.
Chair Hardemon: Vice Chairman, you're recognized.
Vice Chair Russell: Thank you. Totally agree with the safety aspect and equipping our officers with what they need. I'm certainly not against any of that, whatsoever. I'm very appreciative of Chair Hardemon's, you know, financial scrutiny. So I just want to make sure when we -- if we vote on this, are we voting on the actual purchase at that price or are we opening up the City's ability to negotiate if they can even get a better price than the 2.8, or is that the done deal?
Mr. Alfonso: Well, if you vote on this, you give us the authority to go buy it, and we'll negotiate the best price we can get, obviously.
City of Miami Page 48 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Vice Chair Russell: And then, furthermore, where this money is coming from, I know it -- at the end of the day, it's all one giant pot, right? But I think we really need to, in our minds, classify this money as we spend it. And I guess I mistakenly thought of this as the SkyRise money, simply because of the timing and also because I didn't see this on the midyear, which we're actually -- the midyear allocation we're actually voting on today, I would have thought this might have been in there if that was the intention; that this is coming from general funds, in the traditional sense, and that we were going to put it in next year's general fund budget, but we're moving it forward because of the potential savings and the availability of this particular helicopter. So what I'm hoping is that when we do go to our discussion on the SkyRise monies, we're talking about the full amount, minus the 200 -- the 2 million that we're setting aside for the Transportation Trust Fund; that we're talking about how do we plan to look at this found money, basically, of $8 million; not eight minus the cost of this helicopter.
Chair Hardemon: But the thing about it is that the Manager -- I just -- I cannot see the Manager taking the time to scrutinize what the money should be taken from in his estimated budget right now, because this -- it hasn't been passed -- but within the estimated budget, to take away 2.8, because if you look at what we have today, he's already said these are -- "This is how we're going to or we plan to allocate these funds." So that means that if we were changing that estimate of how he wants to do it once it's passed or even before, he would have to take this 2.8 from that number if it's talking -- you're taking it from that pot.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: If you're looking at -- and if you're looking at the SkyRise dollars, it's much easier for him to say, "2.8, SkyRise," and you don't even have to look through the budget to find anything else. So it's just -- it'll be so much more work for the Manager.
Vice Chair Russell: To have added it into the midyear you mean?
Chair Hardemon: I -- and we have no way of really knowing unless the Manager -- if you're willing to tell us. The Police Chief says that in his ask, basically, for next year, he was going to put in the helicopter purchase, but does that mean that you would have adopted what he -- what his ask was? Have you weighed in on that yet?
Mr. Alfonso: Right. We have not finished going through all the asks for next year. As a matter of fact, next week is the week when I'm meeting with all the department directors. Up to now, they have submitted their requests for budgets. They have met with the Budget director and cleaned up their requests. Next week is when we're meeting with all the department directors to go over their budget requests. And then we're going to meet with the Mayor and see how the priorities go. Don't forget, the proposed budget of the City of Miami is the Mayor's budget. And then we would come and discuss that, present that budget in July. The Commission would have the summer to look it over. And in September, we vote on the budget and the Commission makes changes and recommendations, and all those things. That's the way normally the budget process works. Now, this particular purchase is a four-fifths. You guys tell us, "You got to buy this." We go buy it. We'll have $2.8 million less to deal with.
Commissioner Suarez: Actually it's (UNINTELLIGIBLE) general fund.
Vice Chair Russell: But it comes from surplus, though. Nothing --
Mr. Alfonso: Or 2.1 or 2.3 --
Commissioner Carollo: Mr. Chairman, if I may real quick, when -- the midyear adjustment that we're voting on right now, look at all -- each one of those items, okay? -- They're our expenses.
City of Miami Page 49 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
And really ask yourself, "Is that item more important than putting the money towards the Police helicopter?" So realistically, that's what we've voting on today.
Chair Hardemon: But it was still --
Mr. Ortiz: It's one of those choices.
Commissioner Carollo: Now, with that aside, even if you think, "You know what? We could do both." That's where the monies from the Skyline [sic] come in. Or you could say, "No, I feel that, you know what? We could cut from this amount and this amount and this amount, come up with the $2 million roughly and pay for the helicopter." I'll give one example. Listen, each elected official is allocated in this adjustment $1 million. That's $6 million. If each one of us gives $400,000 back, we could, in essence, pay for the helicopter. And just -- listen, I know this is not popular. I know -- you know, so I'm not even going to look at you, because I know you're going to give me that dirty look. But anyways, in the -- listen, in the last -- but realistically --
Chair Hardemon: I'm kidding. I just want everyone to know that.
Commissioner Carollo: -- look, in the last two years or two and a half years --
Commissioner Gort: I have parks --
Commissioner Carollo: -- we've allocated --
Commissioner Gort: -- and roads.
Commissioner Carollo: -- including these $6 million, we've allocated; including these 6 million that we're supposed to vote on today, $21 million for Commission districts and the Mayor. So that's a lot of money. When you look at it as a whole, $21 million is a lot of money.
Commissioner Gort: Let's make sure we explain that money is for infrastructure in the neighborhoods; for the roads, sidewalks, parks --
Commissioner Carollo: Yes, it's -- I get it.
Chair Hardemon: Who. Commissioner Suarez.
Commissioner Gort: I want to make sure people understand that.
Commissioner Suarez: Mr. Chair --
Commissioner Carollo: No, and it's needed, Commissioner Gort. So, listen, I'm not knocking it. I'm just saying I get it and it's needed, and all of our districts have needs. I mean, we have needs in Little Havana, in different parts of the Roads, and all over our districts. I get it, but at the same time, also understand this is a citywide issue.
Commissioner Suarez: Of course.
Commissioner Carollo: We're having more and more vertical buildings. And I want to make sure, especially in situations like hostage -- you know -- situations and barricaded subjects, and stuff of that magnitude where not too many people wears that badge and not too many people have the courage to go into a room where realistically may not even know a footprint beforehand, you know; where it could be dark, you know; where you are going to encounter someone that already you know has a gun, a different type of -- let's say weapon -- because you don't know if they have some type of explosion [sic] or anything. And think of what the officer
City of Miami Page 50 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
feels right before they're going into that building, into that room. And all I'm saying is, listen, if it is determined by the experts, you know, in the Police Department that the best way to approach, the best way to enter this building is through the roof or another mechanism that this chopper can do, let me tell you something. I'm voting in favor of it. I think we need to give the resources to our officers. Now, mind you, I take it, I'm biased. Yes, I'm biased. I was a former part of a SWAT team, so I understand. I've been in those situations, you know. And I could tell you we have a -- all these officers have families at home, you know, and they're still taking the courage to go into a situation where they know it could be a shootout. Who knows what they're going to find in that building? Who knows what could be there? And what I'm saying is, if the safest -- if it is determined that the safest way to approach that building for our officers, for our residents is through this mechanism, I think we should do it, you know? I think we should do it.
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: Yeah. I 100 percent agree with Commissioner Carollo. I think he's making the argument very passionately. I would also argue that a large amount, a large volume of our shootings are innocent bystanders who are being shot. And I think this gives our Police Department an additional tool where they can locate offenders and protect our citizens from offenders. So I think I would add to that. Secondly, on the budgetary issue, look, our general budgetary decisions reflect general priorities of our government. The one that he talked about, which was the $20 million that Commissioners and the Mayor, which I and which Commissioner Gort explained, are for an important priority in our City, which is our infrastructure; that is a critical priority. Poverty alleviation, I think it's 3.25; that's a critical priority in our City. That is a general fund allocation. This is a general priority in the City. It is a general fund allocation. It is -- it -- listen, I would say we have a moral obligation to do it, but to me, that's how I feel about it. You know, this is a general priority of the City. It is an -- perfectly intelligent expenditure of funds. We can look at the 8 million remaining from the SkyRise money in that fashion. I would go as far as to say we're sort of dancing around and talking around a lot of these issues when the core issues are not that complicated. Our general fund is a general fund. It has a surplus this year. It has a surplus based on a variety of components. There's plenty of money to make this expenditure. It's not risky, it's not extravagant, and it's a savings to the City.
Commissioner Gort: Gentlemen, let me give you a suggestion. If we want to move on it, let's move on it. I would like to allow the administrator --
Commissioner Suarez: Yes. I would like that.
Commissioner Gort: -- who's very knowledgeable in the numbers --
Commissioner Suarez: I would like that.
Commissioner Gort: -- to come up how to pay for it.
Commissioner Suarez: I would like that.
Commissioner Gort: Thank you.
Commissioner Suarez: Can we call the question, Mr. Chair, please?
Chair Hardemon: It's just that I know he was trying to get me the sales price. I actually called the helicopter company, but they transferred me to just to see --
Commissioner Suarez: Okay.
Mr. Ortiz: Mr. Chair, you were asking also about Bell. Osceola, Hillsborough, Miami-Dade,
City of Miami Page 51 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Broward, they're all going with -- they're all with Airbus, and it's because Bell is just not cost effective.
Chair Hardemon: Just give me a moment.
Vice Chair Russell: Thank you. Certainly, no one can argue with the things that you have mentioned, Commissioner. I just don't want to create a false choice that says, "We're choosing one over another thing, because this is the urgency in the City." I mean, I don't want to say, you know, that the need to repel off a building is more important than affordable housing. I don't want to create this where we're pulling -- and the fact that we are flush right now, the fact that we do have good cash reserves right now and that this would be coming from that is simple enough as a reason to say "yes" to this; that if there's a need from our Police Department; that we were going to budget it for next year. We do have the money available to us now, and there's a savings. I'm comfortable with this. I just simply from an accounting perspective -- because I do have a list of asks when it does come time to talk about the SkyRise money in that sense, because it is found money in a sense, and there are a lot of needs we have beyond this. But this is part of the -- part of our budgeting process, and it's something that is needed by our Police Department. Fair enough. As far as the allocation of the million dollar per Commissioner, you know, I see that as something that's done because we're expected as Commissioners of each district to know best how to handle those monies within our district. It's not like a gift to each one of us, for example. And I still think of it in a citywide basis. In fact, you'll see in the allocation, I'm taking almost $300,000 of something in my district and moving it over to Commissioner Hardemon's district, just because it makes more sense there on that project, and I'm in support of that project. And so, you know, I don't want to think of it --
Commissioner Suarez: We've both done that.
Vice Chair Russell: -- and in fact, I'll be looking when we do start talking about that million dollars to sort of free up our ability on what we do spend it on, because in my district, I don't have as much infrastructure needs as I do social needs and different things, and so, you know, we'll be talking about that. But I certainly want to give the Chair the time to verify the numbers, because he's coming at this from an accounting perspective. And I don't think a clock is ticking, unless we find out in the next five minutes that this thing's been sold; that we're all right to really be comfortable in this decision.
Commissioner Carollo: Why don't we take a recess --
Vice Chair Russell: Could we table it and recess?
Commissioner Carollo: Yeah. Why don't we just take a recess then, and, you know, give everyone the amount of time. It's 11:45. It's almost --
Vice Chair Russell: It's a quarter to 12. Shall we break for lunch?
Commissioner Carollo: Yeah. I say we do that.
Commissioner Gort: You got 15 minutes.
Vice Chair Russell: We could be dealing with other things if we table it --
Commissioner Gort: Yeah.
Vice Chair Russell: -- but I -- but the Chair's on the --
Commissioner Carollo: I say we do that.
City of Miami Page 52 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Vice Chair Russell: -- phone regarding this item.
Commissioner Carollo: We need a four-fifth. Suarez, I think, went to give an interview. I want to -- so I'll give you the time, you know. I --
Commissioner Gort: Commissioner Suarez, if you don't come in, you're going to lose it.
Commissioner Carollo: Let's just take the recess. I don't want to -- you know, the Chairman's there on the phone. I don't think it's fair to him. I think he needs the time.
Vice Chair Russell: You want a five-minute recess?
Commissioner Carollo: Yes.
Vice Chair Russell: All right. Five-minute recess. We'll be right back.
Later…
Commissioner Carollo: I think Gort left.
Chair Hardemon: (UNINTELLIGIBLE). Calling the meeting back into order. As I understand, we have a Commissioner -- Commissioner Carollo needs to leave because he has to go somewhere that's pretty far, and so we're faced with a decision. I mean, do we table this till after we come back from lunch or do we address it now? And it's up to the will of the body. I know I heard him call the -- a motion to call the vote. I have not -- I will tell you what I've learned. What I've learned is that when I made the phone call to the number that's at the bottom of this letter, which is to Airbus Helicopters, Inc., they told me that for that type of helicopter, base price is about $2.5 million; which, of course, doesn't include the cost of outfitting the helicopter. I can anticipate then that outfitting the helicopter will add an additional two, $300,000 to the cost of the product, which makes it at 2.8. So I'm saying that to say that the cost is the cost. There's no savings, it looks like in the cost, unless our dear Manager is able to negotiate a better price. So it seems to be that we need a helicopter. You know, I understand the financial document that were provided to us by Airbus to show us what we could save, but it doesn't appear to be that the price of the helicopter is lower because it's the last model. It's not a fire sale --
Mr. Ortiz: -- as I said earlier.
Chair Hardemon: -- yeah. It's not a dealmaker. So the question now, it just becomes whether or not we want to purchase this motorcycle [sic] in this way, with a four-fifths clause. So if you want to -- we can have a real further discussion if you'd like.
Commissioner Suarez: I --
Chair Hardemon: Or we can go to a vote.
Commissioner Suarez: -- would just say, I mean, I obviously trust your recitation of the conversation that you had with the representatives. I don't know -- I wasn't there, I couldn't listen to it, so I don't know whether you told, for example, the representative, like, "This is last year's model versus this year's model," and got into all the nuances of what we're talking about, because, clearly, 2016 and 2017, I think the savings was not so much in the actual -- I mean, what you're saying, it seems to me, is that the 2.8 is the cost, which is the worst thing, which is the 2.8 is the cost. What we're saying is that the savings differential was not on that model versus some other kind of like, "Are they telling us the right price?" type of deal. I think it's on the
City of Miami Page 53 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
next year's model.
Chair Hardemon: Yeah. He told -- okay, I see what you're saying about the next year's model.
Commissioner Suarez: Right.
Chair Hardemon: I see what you're saying. He talked about the model that is going to be discontinued.
Commissioner Suarez: Right.
Chair Hardemon: He spoke about that particular model, in and of itself.
Commissioner Suarez: And that's my point.
Mr. Ortiz: One left.
Commissioner Suarez: That's my point.
Mr. Ortiz: It's only one left.
Vice Chair Russell: I am --
Commissioner Suarez: Yeah. That is the price of the last one left. So the savings are not that. The savings are the difference between that model and the next model, just to be clear.
Chair Hardemon: And then going to the next model.
Commissioner Suarez: Correct.
Chair Hardemon: I mean --
Commissioner Suarez: 2017 versus 2016.
Chair Hardemon: It appears to be that -- from Sergeant Borroto, he's saying that, "Look, you know, we want this model, not next year's model." That --
Commissioner Suarez: Right.
Chair Hardemon: -- appears to be --
Commissioner Suarez: It's cheaper. Yeah; save $400,000.
Vice Chair Russell: I'm comfortable voting on this now as long as from accounting perspective, we do recognize and admit that we agree from here that we are pulling this from the fund balance --
Commissioner Suarez: I agree.
Vice Chair Russell: -- and that this is something we would have spent anyway, with or without any --
Commissioner Suarez: I agree.
Vice Chair Russell: -- new monies falling in, this is something that we felt was an important
City of Miami Page 54 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
enough --
Commissioner Suarez: Fully agree.
Vice Chair Russell: -- investment and good enough savings to take action on a four-fifths basis; not a savings from what this helicopter itself is worth and should be worth, but rather what we would have to spend if we wait.
Chair Hardemon: That's if the Manager decided that when he evaluated it whether or not this would have been what he would have done -- what he would have proposed. If, as the City Commission, we decide to override his opinion and say, "Well, we think that you should put this in there," that's what we would be -- that's essentially what we're doing today, but we're just doing it before the Manager has an opportunity to provide that detail to us. But I will tell you that when the Manager does his accounting, no matter how you look at it, the first place he's going to look at to take that money from is that new influx of dollars. So all hearts and minds clear?
Commissioner Suarez: Yeah.
Chair Hardemon: Roll call vote.
Todd B. Hannon (City Clerk): Roll call vote on item PH.5. Commissioner Gort.
Commissioner Gort: Yes.
Mr. Hannon: Commissioner Carollo.
Commissioner Carollo: Yes.
Mr. Hannon: Vice Chair Russell.
Vice Chair Russell: Yes.
Mr. Hannon: Commissioner Suarez.
Commissioner Suarez: Yes.
Mr. Hannon: Chair Hardemon.
Chair Hardemon: For. Motion passes.
Mr. Hannon: The -- yes, sir, 5-0.
Mr. Ortiz: Thank you, guys.
Chair Hardemon: We'll recess until --
Barnaby Min (Deputy City Attorney): Mr. Chairman, we have both an executive session as well as a shade meeting this afternoon.
Chair Hardemon: Right. Recess till 3 o'clock.
Mr. Min: Are we doing the shade meeting first?
Chair Hardemon: However you decide that you think is most important.
City of Miami Page 55 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Mr. Min: If we're going to do the shade meeting first, then the Chairman needs to come down here first to do -- open the meeting. All the other elected officials can go upstairs and we'll conduct the shade meeting.
Commissioner Carollo: What time?
Commissioner Gort: 3 o'clock.
Chair Hardemon: 3 o'clock. We're in recess.
Commissioner Carollo: Thank you.
END OF PUBLIC HEARINGS
SECOND READING ORDINANCES
SR.1 ORDINANCE Second Reading 16-00371 District 2 - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Ken 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Russell AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", TO AMEND SECTION 2-886, ENTITLED "ATTENDANCE REQUIREMENT", TO PROVIDE THAT BOARD MEMBERS WILL ONLY BE ENTITLED TO ONE (1) EXCESSIVE ABSENCE WAIVER DURING THEIR TENURE AS A MEMBER OF A BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 16-00371 Legislation SR.pdf
Motion by Vice Chair Russell, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez
13608
Chair Hardemon: Was there an item having to do with --? I'm trying to remember. The item that had to do with a garden in Japan? Was that on another agenda?
Unidentified Speaker: The mid-year.
Chair Hardemon: It's a mid -- that's in the mid-year, oh, okay, okay. That's no problem. All right, so moving on back to the regularly scheduled program, we have a second reading, SR.1.
Victoria Méndez (City Attorney): SR.1, this item is Commissioner Russell's item. I've submitted to you a substitution that has to do with just a grammar issue, placing an "or" in Section 2-886(A) (2); and also in subsection number 4, having that -- it says, “Granted an absence waiver by a super majority.” It was -- it had an incorrect grammar syntax that was called to my attention by Chairman Hardemon, so those were the two changes for this second reading ordinance.
Chair Hardemon: Is there anyone from the public that would like to speak on this item?
Commissioner Gort: Which item is it?
City of Miami Page 56 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Chair Hardemon: Seeing none --
Ms. Méndez: Page number --
Chair Hardemon: -- I'll close the public hearing.
Commissioner Gort: Yeah, but -- FR.1?
Unidentified Speaker: SR.1.
Commissioner Gort: SR.1.
Chair Hardemon: Vice Chairman.
Vice Chair Russell: Yes, sir.
Chair Hardemon: The attendance requirement, 2-886, part "B," that's always been there, the 75 percent of its duration? "A member of a City board shall be deemed absent from the meeting when he is not present at the meeting at least 75 percent of his duration."
Vice Chair Russell: I did not specifically add that, so I believe, yes, that's part of the original language.
Chair Hardemon: So just to be clear, on 2-886 and also -- yeah, 2-886, the only thing that's been really added are what's underlined.
Ms. Méndez: Correct.
Vice Chair Russell: Thank you. Yes.
Chair Hardemon: Is there a motion?
Vice Chair Russell: I'll move it.
Chair Hardemon: Is there a second?
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded for this item. Is there any discussion? Hearing no discussion, all in favor, say "aye."
Todd B. Hannon (City Clerk): Chair, it's an ordinance.
Chair Hardemon: I'm sorry.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Hannon: Roll call on item SR.1.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading, as amended, 4-0.
END OF SECOND READINGS ORDINANCES
FIRST READING ORDINANCES
City of Miami Page 57 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
FR.1 ORDINANCE First Reading 16-00154 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Clerk 2/ARTICLE XI/DIVISION 2/SECTION 2-884 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY/MEMBERSHIP ON BOARDS", TO CLARIFY LANGUAGE AS TO THE REQUIREMENT THAT MEMBERS OF CITY OF MIAMI BOARDS ARE REQUIRED TO RESIGN FROM A BOARD POSITION UPON SEEKING TO BECOME A CANDIDATE FOR ELECTIVE POLITICAL OFFICE, AND AMENDING CHAPTER 16/SECTION 16-6 OF THE CITY CODE; ENTITLED "ELECTIONS/CANDIDATE QUALIFICATIONS; AFFIDAVIT, AND FORM THEREOF, REQUIRED OF CANDIDATES FOR OFFICE OF COMMISSIONER OR MAYOR; FINDING CANDIDATE UNQUALIFIED; FAILURE TO SUBMIT AFFIDAVIT; AUTHORIZATION FOR CITY CLERK TO PURSUE JUDICIAL DECLARATION", TO DELETE CERTAIN LANGUAGE RELATING TO CITY BOARD MEMBERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 16-00154 Memo - City Clerk.pdf 16-00154 Legislation FRv3 (06-09-16).pdf
Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
Note for the Record: Item FR.1 was continued to the June 9, 2016 Regular Commission Meeting.
FR.2 ORDINANCE First Reading 16-00676 District 2 - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Ken 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, Russell FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE", AMENDING SUBSECTION 2-33(c) TO REQUIRE THAT ANY AMENDMENT TO THE CITY CODE, OR TEXT AMENDMENT TO THE MIAMI 21 CODE, PROPOSED BY THE CITY ADMINISTRATION HAVE THE MAYOR OR A COMMISSIONER AS A CO-SPONSOR; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 16-00676 Legislation FR.pdf
Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
Note for the Record: Item FR.2 was deferred to the May 26, 2016 Planning & Zoning Commission Meeting.
Chair Hardemon: All right, FR.2.
City of Miami Page 58 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Vice Chair Russell: That's me again.
Chair Hardemon: You're recognized.
Vice Chair Russell: Thank you, Mr. Chair. So this is maybe a shift in philosophy on things that end up on our agenda, and this is something that I brought. This is an ordinance that would require the Administration to get one sponsor from any one of us on this dais before bringing a significant issue to the agenda, and by that, an actual text amendment to the Code or an ordinance, so not the small things, not resolutions, not the ongoing decisions of the Administration, but here's the idea: That if the Administration is going to bring a change to the Code that not one single one of us is in favor of, why should we bring it? This is going to what -- let me just make my case on this. It's -- the idea is when something gets on our agenda, the citizen that reads this on the agenda, they see the City as taking a motion toward that direction, and suddenly, that can create the flood of calls, the protests, the petitions and the phone starts ringing off the hook and so we're already starting to react to those things, and that's fine. On a given item that we've got to decide on, that's fair enough; we'd love to hear from the public on that. But if we already know not one single Commissioner is able to be sold on this item that they're going to vote "yes," we're going to have a zero to five vote, why should we bring it to the agenda? And so my idea here is -- and I'm hoping to tweak this in a way that solves whatever issues that this can arise, but the idea basically here is that nothing gets on the agenda without at least one of us being in support of it and being willing to put our name to it and then it goes forward, and we hash it out, "yes" or "no," get the vote going, you know, and everything, but at least -- the other thing this does accomplish is that things will come to us much earlier in the system than they currently do. A lot of the things that I learn about are the week of Commission or the week before Commission when we get the agenda brief -- the first draft of the agenda. That's sometimes not enough time to really learn all the different facets of that item, and really wonder how long this has been in the process of being put together and made. So what this is doing is going to open up the transparency and the relationship between Administration and the Commission so much more so where we see things coming down the line from a long time, when they're first being formed, the egg is being hatched in the mind of the Administration, they can already be talking to Commission and seeing that this is something that we can work on together with them. That's my thoughts.
Chair Hardemon: You're recognized, sir.
Commissioner Suarez: You know, I see where you're going with this, and I know the County has something sort of similar in terms of the way that they do business. The only concern that I have is -- or text amendments to the Miami 21 Code just because -- like, I don't have as much of a problem with amendment to the City Code, because, you know, Miami 21 is extremely technical; many people don't understand it, and, you know, I think we rely a lot on our technical staff to help us with it. The other rub with it is, I happen to be a little bit of a wonk when it comes to that, because I'm a real estate attorney, so the last thing I want to be doing is, you know, sponsoring legislation in other people's districts because I have a -- you know, for example, micro units. I'm a big proponent of micro units. I'm a big proponent of a variety of different kinds of concepts that I think interrelate land use with transportation, for example, and we've created subcategories for zoning regulations. We did one which was a T6-24B, you know, so I'm very wonkish when it comes to that stuff, but I don't want to be stepping on anyone's toes and being -- sponsoring legislation, you know, zoning map changes, and things like that, that I get into that stuff, and the weeds that it's going to be impacting everybody else's district, so -- go ahead.
Vice Chair Russell: But these are things that would be making citywide changes to the Code, basically; not necessarily district by district or item by -- certainly, this wouldn't be for one particular upzoning or issue, or anything like that.
City of Miami Page 59 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Suarez: Mr. Garcia, I just want to make sure, because I don't want to inadvertently -- you know, the old adage of "unintended consequences." I just want to make sure that we do this tight and right.
Chair Hardemon: You're recognized, sir. I'm guessing he's asking for your opinion about whether or not this legislation or ordinance change affects the items in which -- the way he just explained it.
Francisco Garcia: Right. Thank you for the opportunity to speak on the item. Francisco Garcia, Planning & Zoning director, for the record. And I'll say two things very briefly: One, we have, I think, a very strong record that we're very proud of, of working collaboratively with Commissioners on district-specific items or issue-specific items, because certainly, you as the board for the City to decide on policy issues and sometimes we [sic] talk to us on a technical basis, and seek our collaborative efforts to bring these policy items forward. Again, I think that is a perfect opportunity to work with the Commission and we do this frequently, and well, I think. The other concern I have to respond, perhaps, to the item that Commissioner Suarez is bringing up is that there are oftentimes overarching issues that affects all districts citywide; and if that is the case, what we would certainly prefer to do, and we would submit to you is perhaps the preferable option, is to have a technical look at these items, the citywide items, to craft the best possible policy approach in a district-neutral basis; and then, certainly, through a public vetting process, both through the -- with the stakeholders and with the Commissioners, refine as appropriate for each district. The only way we are able to do this is if we can reach out to all the Commissioners and get everyone's involvement. Our preference has always been -- and I'll say this very briefly, and I'll end with this -- to hopefully count with the support of every single Commissioner to pass any given item. And if we happen to know that there are likely to be concerns in any one district or for any one Commissioner, we always reach out to try to address this beforehand. And frankly, if we haven't done a good enough job, I'm certain (UNINTELLIGIBLE) to move forward to try to address that better. That said, I'll respond to any questions.
Chair Hardemon: You're recognized, Commissioner.
Commissioner Suarez: Yeah, I think the other issue that I have, too, is let's say, for example, you sponsor a piece of legislation, particularly a technical piece of legislation. There's a presumption that you support it, I mean, and that's not necessarily the case. You may just -- there may be a very persuasive technical reason to promote that piece of legislation, but the people may be completely against it, which often happens. And so I think the presumption is -- then is, well, you're -- are you like anti your residents? No. So then you're forced to be in a position to vote against a legislation that you, yourself, sponsored, because it's highly technical. And sometimes, a department will say, "Look, you know, this is a very technical issue, and we think that it should be vetted by the public, so let's put it out there; let's vet it." If the public comes in opposition to it, we can all say, "Hey, we oppose it” and just kill it, and move on.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: Thank you, Mr. Chairman. I can tell you that, at least on first reading, I'm going to vote in favor of it, because I think it's worthy of more discussion. I think Commissioner Suarez right now mentioned something that, you know, was my concern, because I -- and everybody knows that I've always welcomed the discussion and the debate, and sometimes you need that discussion and debate; and I think members of the media will tell you, “Whenever we ask Frank how” -- “which way he's voting, we never get," you know, "a 'yea' or a 'nay,'" and a lot of that is because I actually value my colleagues' opinions. There have been many times that
City of Miami Page 60 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
I've come here, and I've been swayed by my colleagues to vote either one way or the other. So I don't know if the correct word is “sponsor”; it may be another word, you know, where you still get some type of recognition from one of the Commissioners; maybe even the district Commissioner. Maybe it should be, you know, even the district Commissioner, but I don't want the perception that your name is there and you're sponsoring this and you're pushing this, because there might be something like -- for instance, this legislation, I'm voting for it now, but that's because I think it's worthy of more discussion, of tweaking between first and second reading; so that's, I think, in essence, the concern that I see, but I think it potentially could be a good thing. It could be where -- in essence, you're sort of allowing the Administration to work closer with the Commission, to make sure that communication is there. So, you know, again, I think with some tweaking, maybe we could make it happen.
Commissioner Gort: Mr. Chairman.
Chair Hardemon: Please.
Commissioner Gort: There's a difference between the County and the City of Miami. The County has committee.
Chair Hardemon: Sure.
Commissioner Gort: All the issues that going to come out in front of the -- it goes through the committee. The committee chairperson is the one that sponsors the bill after it had been approved and public hearing and been discussed in the public, and then that's why the -- you see in the County, a Commissioner appointing this. At the same time, my understanding is we want to see if something is going to be brought here, it's agreeable by all of us. We got to be careful with sunshine law, because you cannot go around saying, “Well, the three Commissioners want it, new Commissioner want it.” They have -- in violation of the sunshine laws, so that's something you have to be very careful with.
Commissioner Suarez: I'll give you another example to something the Commissioner said. The small building parking exemption is one that I brought forth that was sort of what I called “in legislative limbo,” meaning that there was a concept, but it wasn't getting on an agenda ever, ever, ever, ever. And it just got to a point where I said -- and the City Attorney, who's not here, for whatever reason -- we actually had to bring it as a discussion item, we discussed it. We agreed to bring it as a (UNINTELLIGIBLE). It still sat without coming to Commission for months, until finally, one day I told the City Attorney, “Look, you know, this has to come to vote, up or down,” by the way. It can go up or down. I mean, I -- we -- you know, you win some debates. You know, you won the last one, 3-2. You know, you win some, you lose some, and you move on, so -- and in that particular case, I think the community came out very much in support of that. And I can't speak for my colleagues, but they may have been persuaded by the fact that it was a very organized support for that piece of legislation that they came out in blue shirts and they -- you know, they spoke eloquently about what -- how they felt that legislation was going to impact, you know, their ability to develop property in a way that would stem the tide of gentrification, and it passed. I think it passed unanimously, if I'm not mistaken. So this is something that took months and months and months and finally got a hearing, and it was voted in favor of. So I'm -- you know, but it is a very technical piece, and we could have debated about the technical merits of it. If he was never going to -- if he wouldn't have sold the Commissioner on it, it may never have seen the light of day.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: You're recognized.
Vice Chair Russell: Yes, and I certainly appreciate Francisco. He's been a font of knowledge for
City of Miami Page 61 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
me, even -- since before I was in office, and I'm still learning every day, and he is -- he's the true specialist on planning and zoning; and at the end of the day, all of us have to be wonks, to an extent. We have to learn this enough to make the decision to vote on it.
Commissioner Suarez: Agreed.
Vice Chair Russell: So at some point, when it comes to us -- when it comes to the vote here, we're going to have to put our name behind it. And when we vote, "yes," even on an unpopular thing, that's going to be the record that holds at the end.
Commissioner Suarez: So why (UNINTELLIGIBLE)?
Vice Chair Russell: So I wouldn't sponsor something from the start that I wouldn't be in support of to start with. It's a -- putting your name on it is --
Commissioner Suarez: That presupposes that the public's input --
Commissioner Gort: Putting your name on it is you bringing it up.
Commissioner Suarez: -- that presupposes the public's input --
Vice Chair Russell: Yeah.
Commissioner Suarez: -- is not going to influence you. Let's say you support something very, very strongly in principle, and you have 600 people here who are honest City of Miami residents that say, "Hey, we don't like it." I mean -- and maybe they're all from your district.
Vice Chair Russell: Yeah.
Commissioner Suarez: Would you support it despite that?
Vice Chair Russell: Well, no. If -- I would bring it -- if I was in favor of it, and then the outcry would come.
Commissioner Suarez: Right.
Vice Chair Russell: And then my vote may be different than my sponsorship, absolutely, and that's fair enough. We do -- it's a learning process, as we hear from our constituents and do more investigation and we're lobbied, and everything. So the end vote may not necessarily be the one who's sponsoring, but even though we're talking about the technical aspects of the Code, it's still a policy decision when we make these changes.
Commissioner Suarez: So why are we (UNINTELLIGIBLE)?
Vice Chair Russell: A lot of times they're sold to us. This is a fix to the -- to 21 or to the Code or something like that, and these decisions have ramifications and effects --
Commissioner Suarez: I agree with you.
Vice Chair Russell: -- on a policy basis. As simple as that technical change is, that's a change in policy that's going to affect people's values, livelihood, everything. And so -- I'll give you one example.
Commissioner Suarez: Go ahead.
City of Miami Page 62 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Vice Chair Russell: The small lot zoning ordinance.
Commissioner Suarez: Small?
Vice Chair Russell: The minimum lot size --
Commissioner Suarez: Yeah, that's one that you and I, I think, agree on that it should not happen.
Vice Chair Russell: Okay, I don't -- and that passed on first reading --
Commissioner Suarez: Right.
Vice Chair Russell: -- and then -- but there was -- it came so quickly. I don't think we --
Commissioner Suarez: Agreed.
Vice Chair Russell: -- were all fully sure and understanding of it.
Commissioner Suarez: Totally agree.
Vice Chair Russell: And as soon as it was on the agenda, the phones did not stop ringing off the hook. And when I kind of felt the gauge that actually -- there was nobody up here that was -- that -- we're not in favor of this.
Commissioner Suarez: Right.
Vice Chair Russell: This is something that we're not ready to change in the Code, and there is -- I didn't get one single phone call in favor of it. I got so much opposition to it. Now, Francisco was very eloquent in that -- if he gets any person one on one, he can sell them on why this is good. This is a good change. I still couldn't see it. And so had he had to make those rounds in the first place, he might not have been able to -- it would have never gotten on the agenda, and the entire development and community wouldn't have freaked out, as it were, and it would have really saved us a lot of time; that's one thing. But, you know, I mean, to put it on the agenda shows the intention that it's there to pass, that it should change. And if none of us as legis -- we're not allowed to get into Administration, right? That's in our Charter; we can't administrate. We're the legislators. We should be drawing that pure line of legislation, as well, that the Administration can't legislate. So they come to us and say, "I would like to change legislation in this way, an ordinance, a change to the Code," and one of us has to be onboard with it, at least to the extent to get it on the agenda. That's my thought.
Chair Hardemon: I don't know if I agree that if it's on the agenda, you know, it's meant to pass, because I've had some items on the agenda that I would have love to pass; I think it would have done a great service to my community, and it did not pass. And additionally, when we discuss things -- for instance, Commissioner Carollo just said he voted for -- it's either he voted for it on first reading, because he wanted to encourage more discussion, or either it was second 'cause he wanted to more discussion. But what I'm saying is that we're like -- for instance, we're having a discussion right now. This is our discussion. I guess I think about the length of the agenda, so if I think it's a bad idea, for the most part, I'm going to vote "no," because I don't think there's anything much you can do to it, unless there's some twerking [sic] -- or tweaking.
Commissioner Suarez: Twerking?
Chair Hardemon: Sorry. For the young kids at home, they understood.
City of Miami Page 63 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Carollo: For the record, I said "tweaking."
Chair Hardemon: You said tweaking. So some tweaking that can happen, that can make it more palatable or acceptable, you know. But, you know, I don't think -- one, the first thing is that I don't know if it's going to be difficult to get, say, for instance, the Mayor to --
Commissioner Suarez: Sponsor it.
Chair Hardemon: -- to sponsor an item on the agenda.
Commissioner Suarez: This doesn't allow the Mayor to do it, by the way. This is -- Commissioner has to do it.
Chair Hardemon: Okay, I'm looking at the (UNINTELLIGIBLE).
Barnaby Min (Deputy City Attorney): Commissioners --
Commissioner Suarez: Right.
Mr. Min: -- the original resolution that's in the agenda did allow either an elected official -- a Commissioner or the Mayor to co-sponsor. There was a substitution to have it just be a Commissioner as a co-sponsor.
Commissioner Suarez: Right, that's what I'm saying. So it does not allow the Mayor. So may I have a little colloquy with the Vice Chair? Because I wanted to use that same example that he -- because it's a good one. I am so -- with all due respect to our Planning director, who I think is fantastic -- I'm not convinced on the minimum light -- lot size amendment either, but the fact that it passed first reading means that it convinced -- I think it passed unanimously on first reading. That means it convinced all five of us on first reading. You may not have been here when it passed on first reading, but it convinced all five people, so it certainly wouldn't have been too difficult to get a sponsor, certainly not on first reading. I think that what happened is, upon further review, one of the unintended consequences or some of the confusion related to the legislation, because it's highly technical, brought out the community against it, and then we started getting the flood of calls, like we all got them, and then we started looking at it in more in depth and saying, “Okay, well, let's play with this legislation.” We started playing with it, and we realized it's not there, and so we asked him to go back to the community. I'm no further along than I was -- and I say this respectfully to him. I just don't know that this is -- you know, I'm not there with this. You know, I probably would vote "no" on first, just like I voted "yes" on first on the last one, and I would be -- obviously, I'm always open to the changes on second, to see if there's a change on second that might change my mind, but I probably would vote “no” on first; and then, you know, hopefully, there'll be some tweaks -- twerks, whatever, that'll make it more palatable for me on second.
Chair Hardemon: I know one way you can make it very difficult: If you say you have to get the sponsor of the Chair; not saying that's what we should do, but you want to make things difficult, that would probably do it.
Commissioner Gort: Mr. Chairman, let me tell you.
Commissioner Suarez: You kind of are, though. But you kind of are, because you preview the agenda with the Mayor; and you, I presume, have the power to put or not put things on the agenda. I mean, that's --
Commissioner Gort: Any of us have the power to take anything out of the agenda.
City of Miami Page 64 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Suarez: Right, of course.
Commissioner Gort: If we look at something we don't like, we can ask the Administration to take it out. We all have that power to do so.
Commissioner Carollo: Right.
Commissioner Gort: Now, let me tell you the -- my problem is. Miami 21 works very well in a lot of places. In my district, I have a lot of problems with Miami 21. I have one of the oldest districts, and a lot of the old use that it used to be in my district; and every time I had a problem, I sat down with Francisco, and, “Francisco, we need to look at this, and what needs to be done in order to be able to comply.” I helped the residents within that area, especially the business people. How many amendments have we have made to Miami 21?
Mr. Garcia: We made, sir, as I often state on the record, on the average, two to three changes every month.
Commissioner Suarez: Right. It's an operating system that needs to be --
Commissioner Gort: And it's continuous.
Commissioner Suarez: -- changed.
Commissioner Gort: I mean, we've been tweaking it now for how many years?
Commissioner Suarez: Right.
Mr. Garcia: (UNINTELLIGIBLE).
Chair Hardemon: Now, when you say, “tweaking it,” you mean to the zoning map?
Commissioner Gort: It's a different word.
Chair Hardemon: Yes.
Commissioner Gort: Tweaking it.
Commissioner Suarez: Yeah.
Chair Hardemon: To the zoning map.
Commissioner Suarez: And we'll be doing it until we get Miami 22, I promise you. That's the way it works.
Chair Hardemon: Was that -- so that was a rhyme as to 21?
Commissioner Suarez: Yeah.
Chair Hardemon: But I want to be clear about that. The tweaking that you've been doing to Miami 21 has been to the zoning map and not necessarily -- or do you have more zoning map alterations or changes than you would have text amendments?
Mr. Garcia: Right. To respond to your question, briefly, Mr. Chairman, if we included the zoning map or atlas amendments, then they would be in tens or teens on a monthly basis.
City of Miami Page 65 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Chair Hardemon: I'll indulge you about your philosophy about that, the zoning map proposed changes, but -- Okay. Well, we've discussed the item. I think it's been moved and seconded. Commissioner Carollo.
Commissioner Carollo: Yeah, real quick. It was said that any one of us could remove items from the agenda. I don't think that is correct, because -- I don't want to go back in history and now start pointing out the certain ones, but I don't think that's correct. Mr. City Attorney.
Mr. Min: Yes, sir. When there's an --
Commissioner Carollo: We can request, but any one of us could remove any item from the agenda?
Mr. Min: If there --
Commissioner Carollo: That's what I thought; I don't think we could do that.
Mr. Min: -- is a published agenda, like you have today, it is on the agenda, it's been noticed, and that's what the public comes for. If something is to be taken off, unless it's advertised as to be deferred, to be continued, to be withdrawn, the only way it can be taken off is upon affirmative action of the Commission.
Commissioner Carollo: That's what I thought.
Vice Chair Russell: What about during the draft phase? Is that what Commissioner Gort was referring to?
Commissioner Suarez: You can take it off.
Commissioner Carollo: You can request.
Commissioner Suarez: You can request that it be taken off.
Commissioner Gort: Let the Administration sit down with us -- and let's face it, two weeks before they sit down with us, we get the documentations, we read it, because that's our job; to read it. We have any doubt, we sit down with the -- at least, I sit down with the --
Daniel J. Alfonso (City Manager): Commissioner?
Commissioner Gort: -- Administration and sometimes I've asked, “Look, I don't believe this should be heard now,” and postpone it, or we can do it right here.
Chair Hardemon: City Manager.
Commissioner Suarez: Absolutely.
Mr. Alfonso: Mr. Chairman, I want to say that 99.9 percent of the time when we get a request from a preliminary agenda to remove an item or delay an item, we do. There's been one time in my two and a half years as assistant -- as a City Manager that I've pushed to not remove an item from an agenda; and in the end, I did remove it, but after a serious discussion with an elected official, but --
Commissioner Suarez: Mr. Chair.
Mr. Alfonso: -- 99.9 percent of the time, the item gets removed from the agenda.
City of Miami Page 66 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Suarez: Mr. Chair, if I may?
Chair Hardemon: You're recognized.
Commissioner Suarez: And I would say -- I would add to that by saying this: If a Commissioner at the draft agenda stage -- and this is where the interaction of the Administration is important -- decides that they want to remove an item, and the Administration says that it's not going to be removed, obviously there's sunshine prohibitions as to what can be communicated between Commissioners, but I think it's pretty fair to assume that all the other Commissioners want it to stay on the agenda, so, I mean, I think it's a -- you can read into the statement, but you know, if one person wants something removed from an agenda, but everyone else wants it to stay on, you know, I think, you know, that's -- that could play into the decision to keep or take something off of an agenda, so there's no -- but we do have -- and thanks to Commissioner Carollo, we do have -- we sponsored it, and we all supported it -- we have a five-day rule; and if anything is modified within that rule, any one Commissioner can get it pulled from an agenda, any one Commissioner. It did not used to be that way, but now any one Commissioner can actually pull it from an agenda.
Vice Chair Russell: Those are all good steps and safeguards that we have in our system, but I think we're getting caught a little bit in the weeds, and maybe it just needs some tweaking. Maybe my solution isn't the exact right wording of the way it should be handled, but what I'm trying to get at is what I've recognized as something I'd like to effect and improve on is that we are the legislators --
Commissioner Suarez: I get that.
Vice Chair Russell: -- and that anything that's going to come before us doesn't waste our time ending up being -- none of us voting for it; that it wouldn't even come up. If there's another fix to that that we can create a new step of communication with the Administration, that's perhaps, you know, another solution. But, for sure, the other thing is also forcing the Administration to really bring things to us sooner so it's not just once it's on the agenda that we start understanding what's going on.
Commissioner Suarez: Can I make a suggestion?
Chair Hardemon: Do you -- one thing also is that, you know, some things pass and some things fail. You have to keep that in mind. The larger the bodies grow, so this is a five-person body; the County is a 13-person body, then you have your House of Representatives, you have your Senate, I mean, and the these bodies grow exponentially, and the vote numbers change. I mean, the only way that you know that, you know, things are going to be there -- or things are going to pass is if you actually take a vote on it.
Commissioner Suarez: Of course.
Chair Hardemon: I know this is a smaller body where you would think that you could have more of a -- an agreeance, I guess, sooner, if you will, but things can still splinter. And who's to say that you two won't walk away; we have three people here, and the 2-1 vote becomes a fail instead of the total body being here and the 3-2 vote becomes the pass? You're recognized.
Commissioner Suarez: Look, I think your point is well taken, and the point is that there needs to be a more efficient and more transparent process in terms of how the Administration interacts with the Commission to get things on the agenda. And I would prefer that you take in our comments, because we're not able to talk about it outside of this forum or a sunshine meeting, and I would prefer to defer it just because I don't want to vote against a piece of legislation. I'd
City of Miami Page 67 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
rather you absorb what we've said and then, you know, tweak it and continue to think it through to see how it can serve your purposes without, you know -- you know, in consideration of the commentary that you've heard here today. Would that be --?
Vice Chair Russell: I appreciate that, and --
Commissioner Suarez: Yeah.
Vice Chair Russell: -- I'll work more with Francisco on it, as well, to see if there's other solutions.
Commissioner Suarez: I like the concept. I understand where you're trying to get at.
Chair Hardemon: So there is a motion to defer this item.
Commissioner Gort: Second.
Chair Hardemon: And it's been properly seconded. Any further discussion on that motion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Suarez: Thank you.
Todd B. Hannon (City Clerk): And for the record, that'll be deferred to May 26.
Commissioner Suarez: How much time do you need?
END OF FIRST READING ORDINANCES
RESOLUTIONS
RE.1 RESOLUTION 16-00509 Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE Tomas Regalado DESIGNATION OF THE MIAMI TIGER BEETLE AS A THREATENED SPECIES AND URGING THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AND THE UNITED STATES FISH AND WILDLIFE SERVICE TO DESIGNATE THE SAME; SUPPORTING THE PRESERVATION AND RESTORATION OF THE RICHMOND PINE ROCKLANDS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 16-00509 Legislation.pdf
Motion by Vice Chair Russell, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0226
Chair Hardemon: RE.1.
Daniel J. Alfonso (City Manager): RE.1, Commissioners, is a resolution of the City of Miami, supporting the designation of the Miami Tiger Beetle as a threatened species, and urging the
City of Miami Page 68 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Florida Fish and Wildlife Conservation Commission and the United States Fish and Wildlife Service to designate same, supporting the preservation and restoration of the Richmond Pine Rocklands.
Commissioner Suarez: You ever seen a tiger -- does anybody here know what --?
Chair Hardemon: Is there a motion to approve this?
Vice Chair Russell: Move it.
Chair Hardemon: It's been properly moved. Is there a second?
Vice Chair Russell: It's a cool-looking beetle. Have you seen one?
Chair Hardemon: I have like five in my yard right now.
Commissioner Suarez: I'll second it just because you said that. I'm going to second it just because you said, “It's a cool-looking beetle.” I'm going to second it just for that reason.
Chair Hardemon: It's been seconded. Is there any further discussion on this?
Commissioner Suarez: I hope not.
Chair Hardemon: It is endangered, right?
Commissioner Gort: It's a resolution.
Chair Hardemon: No, but I said, it is endangered, right? All right.
Vice Chair Russell: If we read deeper into this, I have a feeling it's a lot about preserving the Pine Rockland of that area, and if protecting the animal that lives there is the way to do it --
Chair Hardemon: Oh, so slick.
Vice Chair Russell: -- that may be something about it.
Commissioner Gort: Miami Tiger Beetle.
Chair Hardemon: It's like saving trees, but you really save the bug, and that bug lives in the tree. Got it. Any further discussion on the item? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.2 RESOLUTION 16-00484 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Procurement ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.1 TO REQUEST FOR QUALIFICATIONS CONTRACT NO. 489328, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND VARIOUS PRE-QUALIFIED VENDORS FOR LOT CLEARING SERVICES, AMENDING SECTION 2.9, "PROCEDURES FOR OBTAINING
City of Miami Page 69 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
INVITATION FOR QUOTATION", AND SECTION 2.8, "METHOD OF AWARD", AND ADDING SECTION 2.33, "CONSUMER PRICE INDEX"; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 16-00484 Summary Form.pdf 16-00484 Legislation.pdf 16-00484 Exhibit.pdf
Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0227
Chair Hardemon: RE.2.
Annie Perez: Annie Perez, director of Procurement. RE.2 is a resolution ending the contract for lot clearing services to specifically add a not-to-exceed per square foot pricing, and also amending -- so we can add a CPI (Consumer Price Index) in case gas goes up or anything.
Commissioner Suarez: Move it.
Commissioner Gort: Second.
Chair Hardemon: It's been properly moved and seconded. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.3 RESOLUTION 16-00500 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), ACCEPTING THE CITY MANAGER'S RECOMMENDATION Management TO REJECT THE SINGLE PROPOSAL RECEIVED IN RESPONSE TO INVITATION TO BID ("ITB") NO. 15-16-007, FOR THE SALE OF PROPERTY OWNED BY THE CITY OF MIAMI LOCATED AT 551 NORTHWEST 71 STREET, 7142 NORTHWEST 5TH COURT, AND 7148 NORTHWEST 5TH COURT, MIAMI, FLORIDA. 16-00500 Summary Form.pdf 16-00500 Memo - City Manager.pdf 16-00500 Invitation to Bid.pdf 16-00500 Legislation.pdf 16-00500 Exhibit.pdf
Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0228
City of Miami Page 70 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Daniel Rotenberg: RE.3. Good afternoon. Daniel Rotenberg, director of the Department of Real Estate & Asset Management. RE.3 is a resolution of the Miami City Commission, accepting City Manager's recommendation to reject the single proposal received in response to the invitation to bid for the Nuway property. It's going to be kept by the City and used by the Fire Department.
Commissioner Gort: Move it.
Commissioner Suarez: Second.
Chair Hardemon: It's been properly moved and seconded. Question: When did we decide that it was going to be used by the Fire Department?
Daniel J. Alfonso (City Manager): I'm sorry?
Chair Hardemon: When did we decide that it was going to be used by the Fire Department?
Mr. Alfonso: That's the plan, sir. We asked the Fire Department to go look at the property, see if that was something that they could use; it's a facility that we have. They said that they could. We still have no resources for it or whatever, so it's up to whatever we decide.
Chair Hardemon: So there's more discussion about --
Mr. Alfonso: Yes, absolutely.
Chair Hardemon: Okay, because I know that was a surprise to me. Right?
Mr. Rotenberg: I'm sorry; that was their wish, not their -- it hasn't been decided yet. My apologies.
Commissioner Gort: Their wish.
Chair Hardemon: Any -- you could hide, if you like. Any further discussion on the item? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.4 RESOLUTION 16-00090 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF FORECLOSED AND ABANDONED PROPERTY REGISTRY SERVICES FROM COMMUNITY CHAMPIONS CORPORATION, FOR THE CITY OF MIAMI CODE COMPLIANCE DEPARTMENT, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UTILIZING THE EXISTING COMPETITIVELY BID CITY OF JACKSONVILLE, FLORIDA CONTRACT, REQUEST FOR PROPOSAL NO. P-38-15, EFFECTIVE THROUGH SEPTEMBER 30, 2017, SUBJECT TO ANY RENEWALS, EXTENSIONS, OR REPLACEMENT CONTRACTS BY THE CITY OF JACKSONVILLE, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUPPLEMENTAL AGREEMENT, IN SUBSTANTIALLY THE
City of Miami Page 71 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
ATTACHED FORM, FOR SAID PURPOSE. 16-00090 Summary Form.pdf 16-00090 Back-Up Documents.pdf 16-00090 Legislation.pdf 16-00090 Exhibit - Agreement.pdf
Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez
R-16-0229
Chair Hardemon: Moving on now to RE.4.
Eli Gutierrez: Good evening, Mr. Chairman, Commissioners. For the record, Eli Gutierrez, director of Code Compliance. Before you, RE.4, a resolution, City of Miami, authorizing the procurement of foreclosed and abandoned property registry services from Community Champions Corporation.
Chair Hardemon: Is there a motion?
Commissioner Gort: Move it.
Chair Hardemon: It's been properly moved. Is there a second? Is there a second?
Vice Chair Russell: Second.
Chair Hardemon: It's been properly moved and seconded. Is there any further discussion on this item? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
RE.5 RESOLUTION 16-00638 District 2 - A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE SEA Commissioner Ken LEVEL RISE COMMITTEE AND THE WATERFRONT ADVISORY BOARD TO Russell REVIEW THE UNIVERSITY OF MIAMI'S 2016 CLIMATE CHANGE SPECIAL REPORT AND REPORT THEIR FINDINGS TO THE CITY COMMISSION WITHIN NINETY (90) DAYS. 16-00638 Legislation.pdf
Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0230
Chair Hardemon: Moving on now to RE.5.
Daniel J. Alfonso (City Manager): Thank you, Commissioners. RE.5, Commissioner Ken Russell.
City of Miami Page 72 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Vice Chair Russell: Well, thank you. We've amended this one. I don't know if the new one's been circulated, but it's much simpler than the first draft that was there. Has it been?
Barnaby Min (Deputy City Attorney): It was substantive, but I could hand out copies, if the Commissioners need it.
Commissioner Gort: Just read it.
Vice Chair Russell: It's -- in fact, mine is still the old one in my agenda.
Chair Hardemon: All right. Well, let's move to the next item until you get copies of it; is that fair?
Vice Chair Russell: Yeah.
Later...
Mr. Min: The substitution has been handed out for RE.5, if you want to go back?
Chair Hardemon: Yes, RE.5.
Vice Chair Russell: Where did it go? Yes. Okay, you can see it's not even -- it's one sentence instead of the 10 that was there. So basically, the University of Miami did a study on sea level rise and climate change. They created a special report. Originally, I put in a resolution for us to endorse it. We obviously haven't seen it yet, so we can't endorse this thing. What I would like us to do is start tasking our boards, and here is somewhere we can. And so all I'm asking with this resolution is for us to task both the Waterfront Advisory Board and our Sea Level Rise Committee with studying this report and bringing back to us their findings and recommendations, legislation wise, from this report; upon which -- after, we can obviously endorse it and/or take action.
Commissioner Carollo: Move it.
Chair Hardemon: It's been properly moved by --
Vice Chair Russell: Second.
Chair Hardemon: -- Commissioner Carollo; seconded by the Vice Chairman. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Todd B. Hannon (City Clerk): As amended.
Chair Hardemon: As amended.
Commissioner Carollo: As amended.
Chair Hardemon: Well, as substituted, right? Yeah.
RE.6 RESOLUTION 16-00566 District 2 - A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner Ken ADMINISTRATION TO CONDUCT A FEASIBILITY STUDY EXAMINING THE Russell VIABILITY OF INSTALLING, MAINTAINING, AND OPERATING SOLAR
City of Miami Page 73 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
ROADS THAT UTILIZE NEW DEVELOPMENTS IN PHOTOVOLTAIC TECHNOLOGY TO PRODUCE RENEWABLE AND SUSTAINABLE ENERGY; FURTHER DIRECTING THAT THE CITY ADMINISTRATION SUBMIT SAID STUDY TO THE CITY COMMISSION NO LATER THAN THREE (3) MONTHS FROM THE EFFECTIVE DATE OF THIS RESOLUTION. 16-00566 Legislation.pdf
Motion by Vice Chair Russell, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0231
Vice Chair Russell: Did we get RE.5 amendment?
Chair Hardemon: RE.5. Oh, did they pass on RE.5?
Vice Chair Russell: Barnaby was going to circulate the --
Mr. Min: Yeah, I'm making copies. I'll read --
Vice Chair Russell: Oh, never mind; keep going. Sorry.
Chair Hardemon: RE.6.
Vice Chair Russell: That's me, as well. This is something very interesting that I stumbled across that I'd like us to take a look at: solar roadways. It's happening in Europe right now. There are at least two suppliers that are making roads that can become solar producers, actually, of energy. And the technology's advancing to the point where these are not things that you have to rip up the road and install big, heavy infrastructure. This is a seven millimeter adhesive to the surface of the road that is fully rain-proof, drivable, walkable --
Commissioner Suarez: Very cool.
Vice Chair Russell: -- bicycle; it's not slippery; and basically, this becomes a solar cell that can be powered. In European terms, they say, just one kilometer of this can power a small village. Now, I'm no specialist in this. There's a French company that's doing it. Apparently, there's a Holland -- a company from Holland doing it. If we as a major municipality were interested in it -- and actually, this is not the one that I'm -- I was looking to show. There's a -- the one I was familiar with was the French company. It's not as invasive as this. It's a very simple, thin adhesive, basically. It's not as efficient as the panels that show up on your roof, but it doesn't have to be, because the coverage can be so much greater when you're talking about paving a roadway. For example, if you could picture just turning Pan American Drive and the circle into a solar conductor --
Commissioner Suarez: That's pretty cool.
Vice Chair Russell: -- we could power all of City Hall, all of the parks in the area. You know, we have issues with FPL (Florida Power & Light) to deal with, but this is a start where we can really, in the long run, not only cut the cost to the City of electricity, but -- I mean, heck, even looking at the Flex Park; there's a giant solar harvesting field waiting to happen --
Commissioner Suarez: Right now.
Vice Chair Russell: -- right there during the times when it's not activated. And this is just
City of Miami Page 74 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
something I'd like to direct our management to start investigating to see what options are out there; perhaps, even invite some of these vendors to come present to us.
Commissioner Suarez: Awesome.
Vice Chair Russell: Have you -- Martin, have you got some of the other -- the photos or maybe even the video of -- from the Wattways [sic]?
Commissioner Carollo: We don't have it here.
Vice Chair Russell: What's that?
Commissioner Carollo: We don't have it here.
Vice Chair Russell: Okay. If you go to the web site for Wattways [sic], you can show it, because that one to me was much more showing. It's actually a small -- they lay it out in a brick pattern. It's actually very small and thin. This could be the future. And I think, you know, we -- you know, sunshine's out there; we should be using it. Yeah, that's what it looks like. It's -- so this is just one particular brand that makes it. This is the French company, Colas, which is a road-making company. I'm not -- certainly not advocating for one company over another. I honest don't know that much about the specifics or even the cost. You know, maybe this is something that's so inefficient cost-wise at this point that it's not ready yet, but I think it's something I'd like to -- us to direct the Administration to investigate further and bring us some options. So that's it.
Commissioner Suarez: I mean, it's great. Super cool.
Commissioner Carollo: I just saw the first solar panel dance floor at the Science Barge, I think, on Earth Day, so I welcome this. It's -- let's look more into it and see if it's cost effective and see if it's viable.
Chair Hardemon: All right, so the motion --
Commissioner Gort: I personal [sic] think it's worth looking into it. I think the Administration should look at it. And I don't know if there's any existing -- what I read so far, they had created a bicycle path where they had provided those things here. It could be used in parking lots. My understanding is how do we use other electricity, and if it's worth our while -- I don't know how expensive those things are, but it's worth looking into it.
Vice Chair Russell: Do we need to --?
Chair Hardemon: All right. So I don't believe there's a motion. So the motion is made by the Vice -- there is?
Vice Chair Russell: I'll move it.
Chair Hardemon: Motion is being made by the Vice Chairman --
Commissioner Suarez: Direction.
Commissioner Carollo: Second.
Chair Hardemon: -- seconded by Commissioner Carollo. Any further discussion on the item? Hearing none, and RE.6 passes. Well, I'm sorry.
City of Miami Page 75 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Carollo: Aye.
Chair Hardemon: Same thing.
Commissioner Suarez: Aye.
Chair Hardemon: All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: RE.6 passes.
RE.7 RESOLUTION 16-00613 District 2 - A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner Ken ADMINISTRATION TO CONDUCT A FEASIBILITY STUDY REGARDING THE Russell VIABILITY OF UTILIZING RHIZOMAL PERENNIAL PEANUTS AS AN ALTERNATIVE GROUNDCOVER FOR URBAN LANDSCAPE THROUGHOUT THE CITY OF MIAMI; FURTHER DIRECTING THAT THE CITY ADMINISTRATION SUBMIT SAID STUDY TO THE CITY COMMISSION NO LATER THAN THREE (3) MONTHS FROM THE EFFECTIVE DATE OF THIS RESOLUTION. 16-00613 Legislation.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0232
Chair Hardemon: RE.7
Vice Chair Russell: All right. In my bid to become the environmental Commissioner, here's another one: “Perennial Peanuts,” something odd to be very excited about, but I can't stop talking about them. During my campaign last year, I saw a swale and a roundabout in Morningside which had a unique ground cover. This is a replacement for sod. It's a low-growing ground cover, which is green. It doesn't need to be mowed; it doesn't need to be watered; it's drought-resistant; it's bug-resistant; it's -- and this is what it looks like, if you see on the monitor. It has a very small flower. Technically, it's not a grass; it's a legume, and so the actual leaf is edible. Now, this is being used in many, many municipalities around the world. It was taken on by the University of Florida as a new answer for ground cover from the basis of not needing to run, you know, lawn mowers and edgers and -- you can mow it; and when you mow it, it produces a small, yellow flower, like this, seasonally. If you mow it real tight, it'll get a flower, but it's a beautiful, easy ground cover that you don't need to maintain. So what I would like to see is -- and I'm actually putting this in my -- I'm replacing all the sod in my front yard with this, as we speak. I went to Homestead; found a supplier. It's a little more expensive than sod, but you can do it at about a dollar a square foot on larger -- I'm doing it $.25 a square foot, because I'm starting with smaller plants, but they recommend it on -- if you're doing it on a municipal level so you don't have to water it as -- for as long in the initial phase, that you get the one-gallon size, which is about a dollar a square foot; but then after that, you don't have watering costs; you don't have maintenance costs; you don't have to, you know -- and even my hometown up in Stuart, I just -- I was there for this past weekend. I saw it -- for Mother's Day -- and all the medians already have it. The Lincoln Road Mall just ordered, I believe, 4,000 of these to be put -- a lot of cities are ahead of us on this in getting away from the water-needy sod
City of Miami Page 76 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
that has been the standard for so many years.
Chair Hardemon: Is it nutritious? Can you -- it is nutritious and if you --?
Vice Chair Russell: Yeah. Technically, it was originally a grazing crop, and so, yeah.
Chair Hardemon: So if we ate it, would you allow the City Manager to file charges against someone that destroyed that plant by eating it?
Commissioner Suarez: Mr. Chair.
Chair Hardemon: You're recognized.
Commissioner Suarez: Thank you. I -- this is something that I kind of get into, too, believe it or not. And my question is how does it deal with light? Is it very light-sensitive, or does it need a lot of light; or is it something that, for example, if it were under a banyan tree, that obviously has a lot of -- you know, doesn't it allow a lot of light to penetrate -- would it thrive or would it need --?
Vice Chair Russell: It's not crazy about full shade. It likes --
Commissioner Suarez: Got it.
Vice Chair Russell: -- partial to full sun.
Commissioner Suarez: Right. Okay.
Vice Chair Russell: And traffic, as well. It's not as durable as sod, so you would not put this in anywhere like a park.
Commissioner Suarez: Where a car would driver over, you mean?
Vice Chair Russell: Yeah, you wouldn't put it on a driving swale --
Commissioner Suarez: Got it.
Vice Chair Russell: -- and you wouldn't do that for sod either, but it is quite durable. I've seen it at several commercial establishments around town where the parking lots were -- put it in all of their planters.
Commissioner Suarez: But when you say it doesn't need maintenance, is it because it doesn't grow very fast or it does grow fast?
Vice Chair Russell: It does grow fast sideways. It stays low.
Commissioner Suarez: Okay.
Vice Chair Russell: And if it's in a contained area, like a -- with a curb or whatever, it won't, you know --
Commissioner Suarez: It won't go over.
Vice Chair Russell: Yeah.
Commissioner Suarez: Does it get tall?
City of Miami Page 77 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Vice Chair Russell: No. It never gets more than a couple inches tall.
Commissioner Suarez: It's like a miniature Pinscher.
Vice Chair Russell: You can mow it once every six months if you want, and it'll, you know, look a little neater --
Commissioner Suarez: Right, but that's it.
Vice Chair Russell: -- but you don't have to.
Commissioner Suarez: Let me tell you, that's something that's really worth -- I mean, you know, Mr. Santamaria knows I'm -- you know, I go crazy over the fact that -- you know, I feel like we are so inferior to Coral Gables, for example -- and I understand --
Chair Hardemon: Oh.
Commissioner Suarez: -- Coral Gables -- yeah.
Commissioner Gort: Oh.
Commissioner Suarez: Yeah, I said it. I said it.
Vice Chair Russell: Fighting words.
Commissioner Suarez: I said it. Listen --
Vice Chair Russell: In terms of greenery and --
Commissioner Suarez: In terms of our landscaping, I think we are doing better, much better, and particularly, since we gave out the traffic circle contract to a private company that I think has been doing a very, very good job, but -- I mean, I still think we have a pretty good ways to go and -- look, I welcome these kinds of solutions, because, you know, I do think -- we have no irrigation, which is fine, because this doesn't require irrigation, so that sort of works for us. And we're doing better at landscaping and trimming because of the contract, but it's better if we can have something that's beautiful; doesn't require that kind of maintenance. We've even done synthetics in my district. They're sort of received -- sometimes they're well received; sometimes they're not that well received, depending on who you're talking to. But I think it's great. Thanks for bringing it to our attention.
Chair Hardemon: Well, if I walk on this legume, it's not going to damage the flowers?
Vice Chair Russell: I'm sorry?
Chair Hardemon: If I walk on the legume -- if people walk through this, traverse through it --?
Vice Chair Russell: No, you can walk on it. You can walk on it.
Chair Hardemon: Is there a motion to accept this?
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
City of Miami Page 78 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Chair Hardemon: It's been properly moved and seconded.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Is there any further discussion? You're recognized.
Commissioner Carollo: Yes, Mr. Chairman.
Commissioner Suarez: Legume away.
Commissioner Carollo: I just want to say that it -- all you're asking for is a study to look into this, so I'm definitely supportive of it. And if you keep this up, you are going to be the green Commissioner.
Vice Chair Russell: The environmental Commissioner. And if I could also ask the Manager to possibly start looking at creating a -- what is the universe of where we could put this? What are suitable locations within the City and -- so we can start looking at the universe of what that would change, and then maybe just start with a little pilot; try it in a couple medians or something like that and see how it goes.
Daniel J. Alfonso (City Manager): Commissioners --
Commissioner Carollo: Exactly.
Mr. Alfonso: -- we're actually using this already in some areas. We've had limited success in some areas. It doesn't hold up very well to traffic. You can walk on it, but if you have it in a location where people are cutting through --
Vice Chair Russell: Correct.
Mr. Alfonso: -- on a regular basis, it's going to get --
Commissioner Suarez: Wiped out.
Mr. Alfonso: -- worn off. But we're already using it in some areas, and it is a little more expensive than regular sod.
Commissioner Carollo: Mr. Chairman.
Commissioner Gort: How 'bout Pan American Drive?
Mr. Alfonso: I'm sorry?
Commissioner Gort: Pan American Drive.
Mr. Alfonso: Well, in medians where people don't cross over, you can use it, and it is full sun. It doesn't work well -- like if you were -- had to put it in Coral Way --
Commissioner Suarez: Yeah.
Mr. Alfonso: -- under those trees --
Commissioner Suarez: That's what I was getting at.
Mr. Alfonso: -- it wasn't going to work there.
City of Miami Page 79 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Suarez: That's sort of where I was going with it.
Chair Hardemon: Commissioner Gort -- I mean, Carollo.
Commissioner Carollo: Where is it being used? I'd like to go by and see it. Just one or two addresses.
Eduardo Santamaria (Director, Public Works): Well, we had an installation on Northeast 69th Street that was done in 2012. It didn't do that very well. In fact, we don't know what reasons. It could have just -- just the soil, because it was the ideal conditions in terms of sunlight. It didn't do that well. Right now it's pretty much nonexistent. We're also using it in your district. There's a swale adjacent to Blanche Park where it's planted, and it's doing quite well there.
Vice Chair Russell: Yes, I saw it there.
Mr. Santamaria: And there, it's actually partial sun, but it's doing quite well there.
Chair Hardemon: Maybe someone's eating this. All right, it's been moved and seconded. Any further discussion?
Commissioner Suarez: Nope.
Chair Hardemon: Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.8 RESOLUTION 16-00442 Office of Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Budget ATTACHMENT(S), AMENDING APPROPRIATIONS RELATING TO THE GENERAL FUND, SPECIAL REVENUE FUND, AND DEBT SERVICE FUND FOR THE FISCAL YEAR 2015-2016, PURSUANT TO RESOLUTION NO. 15-0416, ADOPTED SEPTEMBER 24, 2015, FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS IN PROGRESS; AND PROVIDING FOR APPLICABLE EFFECTIVE DATES. 16-00442 Summary Form.pdf 16-00442 Legislation.pdf 16-00442 Exhibit - Memo Mid-Yr Budget Amendment.pdf
Motion by Vice Chair Russell, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0233
Chair Hardemon: Moving on now; R8 [sic].
City of Miami Page 80 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, office of Management & Budget. RE.8 is the midyear budget amendment, specifically the operating amendment; and the companion item, RE.9, is the midyear budget amendment for capital items. The big five changes that are in here -- and each Commissioner's been briefed on it -- is transfer of funds from non-departmental public safety reserve to the Fire Department to accommodate the collective bargaining agreement that was adopted in October 2015; transfers out to capital in the amount of a million dollars for each elected official; and a million dollars transferred out to capital as a grant match for the Marine Stadium; an additional funding for Social Services in the amount of 800,000. All of the rollover accounts for elected officials, Information Technology, and Parks are included in the special revenue accounts, according to the financial integrity principles; and an additional 500,000 transferred to the Transportation Trust Fund, in addition to the million and a half that was included in the adopted budget. Be happy to take any questions you may have.
Chair Hardemon: (UNINTELLIGIBLE) you do.
Daniel J. Alfonso (City Manager): If I -- I'm sorry. Mr. Chairman, if I may. Chris, I think there were two Commissioners who asked to change the transfer to capital --
Mr. Rose: Yes.
Mr. Alfonso: -- to put into the operating budget. You want to talk about that?
Mr. Rose: Two Commissioners had approached me about reducing the million-dollar transfer to capital to, if I'm understanding correctly, $900,000; and the remaining $100,000 being transferred to their office discretionary accounts, which are in the special revenue fund, for one-time expenses as well.
Commissioner Gort: Wait. Let's go over it again.
Mr. Rose: Yes, sir.
Commissioner Gort: What was the request?
Commissioner Suarez: I have a feeling I know who the two Commissioners were.
Mr. Rose: Two Commissioners requested that the million-dollar transfer to capital be reduced to $900,000 for their particular districts, and that the remaining 100,000 for each of those two districts be transferred to the office discretionary account in the Special Revenue Fund for one-time expenses.
Commissioner Gort: I don't want it.
Commissioner Carollo: Okay.
Chair Hardemon: All right. Any further -- well, let's -- you have some discussion (UNINTELLIGIBLE).
Commissioner Carollo: Yeah. I want to first understand Commissioner Gort. Commissioner Gort said, “I don't want it,” but what you're saying is that you're okay with the other two Commissioners requesting it. Because I would imagine --
Commissioner Gort: Well, I don't have any problem. I mean, whatever you guys want to do with it is fine.
City of Miami Page 81 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Carollo: Yes. You just want to keep it as --
Chair Hardemon: So we have on the floor -- is there any discussion on this? Is there a motion?
Vice Chair Russell: I'll move it for discussion.
Chair Hardemon: Thank you, sir. Been properly moved. Is there a second?
Commissioner Carollo: I will second it for discussion.
Chair Hardemon: Okay, discussion. You're recognized, sir.
Vice Chair Russell: Thank you. With respect to the last item, certainly, I was one of the Commissioners that requested that. So basically, it was brought to us that the million dollars that would go into each district would be restricted to capital issues, and the needs are varying in every district; and like I said, one of the big needs that I have in my district is services; and, you know, I just wanted to take off some of the limit from that million so that we can use it within the office to improve our services to the community, so that's just for my district. And that's why -- it doesn't have to be across the board. I think the way it's worded, it would just be for the districts that requested it that way, with the idea that the Administration's basically doing this division because we, as Commissioners, know how to best spend the money in our districts, so I want some freedom to do that.
Chair Hardemon: Any further discussion?
Commissioner Carollo: This is one of these items that I know is the midyear; and if you notice from previous budgets, not necessarily these last couple of ones, I go line item by line item, and you know, we have discussions, but I think it's -- I think I will spare that and not go line item by line item. I don't have a problem with, you know, the Commissioners doing that change. I mean, you know, it's the will of this Commission; so with that said, I won't have discussion with it -- additional discussion with the budget.
Chair Hardemon: Any further discussion?
Commissioner Suarez: Call it, baby.
Chair Hardemon: All right. (UNINTELLIGIBLE) an ordinance.
Commissioner Carollo: By the way, you have -- don't you have to put on the record the -- to the -- amendments for districts and all that?
Commissioner Suarez: He just did.
Mr. Alfonso: Yeah, we did. There's two districts, and that's --
Chair Hardemon: Well -- yeah. So --
Mr. Alfonso: -- District 5 and District 2.
Commissioner Carollo: Right.
Chair Hardemon: Commissioner Russell explained everything, I thought, in the best way possible. I also have some charges -- or some expenses I need to make for the office and things that I've communicated out to my office, and I think that other pots of funds that we have, such as the antipoverty dollars are not appropriate for that expenditure, so (UNINTELLIGIBLE) take
City of Miami Page 82 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
care.
Commissioner Suarez: Look --
Commissioner Carollo: Mr. Chairman.
Commissioner Suarez: -- I was just going to say, I don't mind us having that flexibility. In my particular case, I probably will use it all for capital, because we -- you know, we just don't -- I don't -- I'm out of bond dollars.
Commissioner Carollo: Each district is different.
Commissioner Suarez: Right. So, I mean, it's really up to -- go ahead.
Commissioner Carollo: And Mr. Chairman, I do want to say that I -- I'll be voting in favor of the midyear adjustment. I definitely do not agree with some of the issues there, but I'm looking at it as a whole. There are some stuff that I think, you know, we need to approve, so that's why I'm going to end up voting on it, and I'm not going to go item by item and really get down into debating each one. Thank you.
Chair Hardemon: Any further discussion on this item? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against?
Mr. Alfonso: As amended.
Mr. Rose: As amended. As amended.
Commissioner Gort: As amended.
RE.9 RESOLUTION 16-00441 Office of Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Budget ATTACHMENT(S), ADDING CAPITAL PROJECTS TO THE FISCAL YEAR 2015-16 MULTI-YEAR CAPITAL PLAN PURSUANT TO RESOLUTION NO. 15-0394, ADOPTED SEPTEMBER 10, 2015, AS SUBSEQUENTLY AMENDED BY RESOLUTION NO. 15-0416, AND RESOLUTION NO. 15-0424, BOTH ADOPTED SEPTEMBER 24, 2015, RESOLUTION NO. 15-0463, ADOPTED OCTOBER 22, 2015, RESOLUTION NO. 15-0547, ADOPTED DECEMBER 10, 2015, AND RESOLUTION NO. 16-0021 ADOPTED JANUARY 14, 2016 AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING AND RE-APPROPRIATING FUNDING FOR THE EXISTING AND ADDED PROJECTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS IN PROGRESS. 16-00441 Summary Form.pdf 16-00441 Legislation.pdf 16-00441 Exhibit.pdf
City of Miami Page 83 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0234
Chair Hardemon: RE.9.
Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. RE.9 is the capital re-appropriation and appropriation associated with the midyear. It enacts the items that we just talked about; and it would have to be amended, as well, in the order of $200,000, as discussed previously.
Chair Hardemon: Is there a motion to approve with amendments?
Commissioner Suarez: So moved.
Chair Hardemon: It's been properly moved to --
Vice Chair Russell: Second.
Chair Hardemon: -- and seconded to approve this with amendments. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
Mr. Rose: Thank you, Commissioners.
RE.10 RESOLUTION 16-00517 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE CITY CLERK'S CERTIFICATION OF THE DECLARATION OF RESULTS OF THE CITY OF MIAMI CIVIL SERVICE BOARD RUNOFF ELECTION HELD ON APRIL 14, 2016 AND APRIL 15, 2016.
ELECTED REPRESENTATIVE: SEAT REPRESENTED:
Travis J. Lindsey Seat No. 2
16-00517 Memo-Official Election Results.pdf 16-00517 Legislation.pdf 16-00517 Exhibit.pdf
Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0235 City of Miami Page 84 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Chair Hardemon: Moving on now to RE.10. Thank you very much, sir.
Todd B. Hannon (City Clerk): RE.10 is a resolution officially acknowledging the City Clerk's certification of the declaration and results of the City of Miami Civil Service Board runoff election, held on April 14 and 15, 2016.
Commissioner Gort: Move it.
Chair Hardemon: It's been properly moved --
Commissioner Carollo: Second.
Chair Hardemon: -- and seconded. Any discussion?
Vice Chair Russell: I'm sorry; what item are we on?
Chair Hardemon: Hearing none.
Vice Chair Russell: RE --
Chair Hardemon: RE.10.
Vice Chair Russell: -- 10. Thank you.
Chair Hardemon: Hearing no discussion, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.11 RESOLUTION 16-00581 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION PLEDGING ITS Commissioner SOLIDARITY WITH THE PEOPLE OF ECUADOR SUFFERING THE Francis Suarez EFFECTS OF TWO (2) EARTHQUAKES. 16-00581 Legislation.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0236
Chair Hardemon: RE.11.
Commissioner Suarez: Mr. Chair, if I may, I'd like to move RE.11. It's a resolution I was going to bring by pocket at the last Commission meeting --
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded.
Commissioner Suarez: -- pledging solidarity with the people of the country of Ecuador after the earthquake.
City of Miami Page 85 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Chair Hardemon: Any further discussion on the item? Hearing no unreadiness, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.12 RESOLUTION 16-00672 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS Commissioner COMMITMENT TO THE PRINCIPLES OF INCLUSION FOR INDIVIDUALS Francis Suarez WITH AUTISM AND OTHER SPECIAL NEEDS, AND URGING ACTION BY NATIONAL, STATE, AND LOCAL GOVERNMENTS, BUSINESSES, AND RESIDENTIAL COMMUNITIES CONSISTENT WITH THESE PRINCIPLES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE AGENCIES NAMED HEREIN. 16-00672 Legislation.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0225
Victoria Méndez (City Attorney): If we may, could we call the 4 o'clock time certain?
Commissioner Suarez: That's what I've requested. Thank you.
Ms. Méndez: Thank you.
Chair Hardemon: 4 o'clock time certain?
Commissioner Suarez: Yes, Mr. Chair. We has a 4 o'clock. It's --
Chair Hardemon: (INAUDIBLE).
Commissioner Suarez: -- 6:06, but --
Chair Hardemon: Okay. Do I not know how to do this thing?
Commissioner Suarez: Mr. Chair, if I may?
Chair Hardemon: I can do this thing. First, let's call this meeting back into order. We've got much work completed. That was a joke. I want to call the 4 o'clock time certain, RE.12.
Commissioner Suarez: Thank you, Mr. Chair. RE.12 is a very special resolution, and before introducing its main proponent and sponsor, I had the privilege of passing a parallel resolution as president of the Miami-Dade League of Cities. And I rarely take the time to read an entire resolution, because it can be lengthy and have a variety of "whereas" clauses and -- but I think this one is particularly fitting and appropriate. And I also want to take an opportunity to read an email that I received from a resident of mine who was a former City of Miami employee and Parks Department employee. This resolution is a resolution of the Miami City Commission expressing its commitment to the principles of inclusion for individuals with autism and other
City of Miami Page 86 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
special needs, and urging action by national, State and local governments, including our own; businesses and residential communities consistent with these principles; directing the City Clerk to transmit a copy of this resolution to the agencies named herein. Whereas April was National Autism Awareness Month which provided an opportunity to reflect on the inherent dignity of all human beings and the importance of including and accommodating children and adults on the autism spectrum, as well as children and adults with other special needs and disabilities, in all aspects of daily life; and whereas approximately one in 68 children has an autism spectrum disorder, according to the Centers for Disease Control and Prevention Autism and Development Disability Monitoring Network, and approximately one in five individuals has a disability according to the 2010 United States census; and whereas United States of America is a signatory of the United Nations Convention on the Rights of Persons with Disabilities, which supports inclusion and accommodation of children and adults with special needs and disabilities; and whereas the Convention has identified the following core principles of inclusion: (A) Respect for inherent dignity, individual autonomy, including the freedom to make one's own choices and independence of persons; (B) Non-discrimination; (C) Full and effective participation and inclusion in society; (D) Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; (E) Equality of opportunity; (F) Accessibility; (G) Equality between men and women; and (H) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities; and whereas inclusion is an attitude, an approach and a mindset which welcomes and facilitates participation by those with disabilities and special needs, and encourages accommodations beyond those required by law; and whereas the City of Miami is committed to the principles of inclusion, as demonstrated through -- and this is in your district, Commissioner -- the Sandra DeLucca Development Center --
Commissioner Gort: Yes.
Commissioner Suarez: -- a division of the City's Department of Parks & Recreation which provides recreational leisure and daily living skills programs for children and adults with a variety of disabilities, such as adult day training program, getting exercises throughout. The executive director of the League of Cities who allowed me, by and through my presidency, to present this parallel motion to the League of Cities, and it was unanimously adopted, has a sister with disabilities that's part of that program, and I've met her and visited with her. And this is an issue that affects many, many, many families. And you've been to many, many League of Cities meetings, and you were the president of the League of Cities, as well. I'm your successor in a way. And they're usually sort of rambunctious and they can get a little loud and their fun, and they're sort of supposed to be that way, because they're meant to promote collegiality between the cities, et cetera. But -- and I -- before I introduce the person who's going to make this presentation -- and we have a video that we want to show -- I would like to say that City Attorney Craig Leen came and gave a presentation on this resolution, and it was probably the first time -- certainly since I've been president; maybe since I've been a member of the league -- where you could literally hear a pin drop, and you could see tears streaming down people's faces. And I want to read this email from a resident. I'm not sure if this was given to you or shown to you, but -- and its subject is: Resolution on Inclusion for Individuals with Autism, dated 5/12/16 Commission meeting. "Greetings. My sincerest gratitude to Commissioner Suarez and staff for bringing this resolution to the City of Miami Commission. Recently, our son released his first musical CD (compact disk) entitled 'Alex and Friends Keep on Working.' Alex is a 26-year-old professional base player with autism. We, his parents, are very grateful to all the professionals and organizations that have made a difference in his life. Therefore, we contributed our savings to produce the CD with three very important goals in mind: First, to promote our son's musical career; second, to let people know that persons with disabilities are capable; and third, most importantly, send out a message of hope to families impacted by autism or any other disability. In addition to the musical production, there is an approximate four-minute film on Alex's life journey, showcasing the message of the title song, 'Keep on Working.'" There is a website, which I will give this email to the Clerk so he can file. And she finishes by saying, "If this message can
City of Miami Page 87 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
support Commissioner Suarez' initiative on inclusion, please contact me. Regards, Maria M. Perez, City of Miami Retiree, Parks Department." This was one of our former employees, and I was just -- I was -- at the League of Cities meeting, I was marveling at -- I've seen Craig oftentimes -- many times with his children. He's an exemplary father. That's one of the things that I admire the most about him, among the many things that I admire about him. But recently, I was driving through Coral Gables, because my in-laws live in "City Beautiful," and I see this guy running, pushing a stroller with two children in the stroller, and he's really struggling. I mean, it looks like he's about to pass out, you know. And I look very closely, and my eyesight's not that good from far, and I go, "Wow, that looks like Craig Leen. I may have to stop the car and get out, and start running with him." And I stopped and I sort of got his attention. I said, "Hey, are you okay? Are you going to make it?" And he just looked at me with that big smile of his that he always manages under all circumstances, pressure-filled or not, to -- you know -- to demonstrate. And I think he is a wonderful example, not only of what it is to be a good public servant, but having my son here a minute ago, a good father; a devoted father and husband, and for me, it's just an honor to be able to bring this legislation, to bring it as president of the League of Cities. I said it was probably the most significant thing that I had done as president of the League of Cities. And with that, I'd like to have the video played, and then I'd like to have City Attorney Craig Leen come up and share some thoughts with us. And I move the item.
Note for the Record: At this point, an audiovisual presentation was made.
Commissioner Suarez: Thank you, Alejandro. Mr. Leen, if you would come up and share some thoughts.
Commissioner Carollo: Second.
Commissioner Suarez: And I would just add, you know, I'd like for you to talk about some of the efforts that are being made with the CARD (Center for Autism and Related Disabilities) and with other things that cities are doing. Obviously, the City of Coral Gables has really incorporated it in terms of their active involvement in incorporating children with autism and disabilities in their sort of regular functioning activities so that they can feel part of the community and the city that they're from. So, you know, I'd also like to ask that the City Manager also look at the City of Coral Gables' programs and see if that's something that we can do. We also -- you know, we do have the Hope Center that has adults with developmental disabilities that, you know, work here at City Hall, and, you know, to the extent that we can continue to reach out and make people feel included from a -- you know, from an objective perspective, that's what I'd ask that the City Manager do. You're recognized.
Chair Hardemon: Go ahead, sir.
Craig Leen: Is that working? Thank you. Mr. Chairman, members of the Commission, Commissioner Suarez, Miami is such a major city in the world, and to see the video played here with my family, which you can imagine is emotional for me to see some of those scenes was just -- it's such a significant moment in my life in a way that I'm just so appreciative and thankful to all of you for doing that. You know, my goal in talking about these issues and sort of giving a glimpse into my family -- and I have two children with autism: one who's on the more severe end of the spectrum, as you saw; and one who's on the more mild end -- is to try to bring awareness and also to try to tell people how important it is to -- if you believe your child is delayed in some way -- to take them to the doctor, to have them diagnosed, to get them the services they're entitled to by law, and to help them so that they can have as meaningful and fulfilling a life as possible. And I learned a lot with my daughter which helped with my son. And we were able to get him into therapy so quickly, and it made such a difference in his life that I just feel it's incumbent on me to tell my story as many times as I can. The main reason I'm here though is to talk about the doctrine of inclusion; the principle of inclusion. It's -- and many of you who have a child or a family member with a special need will know what I'm talking about, but wherever I
City of Miami Page 88 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
bring my daughter, who is the most beautiful, wonderful little girl; happy. You know, she likes to listen to her music; she loves to go on hikes; she loves to swim. She loves to play, just like any other child in that sense, but anywhere I bring her, there is always that feeling, that tenseness of "will we be accepted?" because she is different. You know, she will make sounds and noises when really probably everyone else would be quiet, like when you're watching a movie or a play. She will start crying uncontrollably because of a light or some sound that she hears that other people won't understand. She'll start laughing in a movie at a part where it's really sad. You know, it's not because she's insensitive, but it's because of something she sees, or some sensation she has. And all I would ask is -- and what's so important to me and why I'm here is that, particularly for a city like Miami, one of the greatest cities on earth, that people know we have a lot of individuals in this society with disabilities in this city and with autism. Like I said, it's one in five, and this is a very large city, so that means a lot of people; and one in 68 with autism. So please be mindful; don't judge. I don't mean to say this to you, I just mean to say this in general. I would ask people never to judge, you know; always to keep an open heart and to try their best to include individuals with disabilities. Now, the reason I brought this to Coral Gables and then to the Miami-Dade League of Cities and now to Miami -- and let me tell you, I'm very impressed, very impressed with your resolution and what Miami is doing to help individuals with disabilities. You had a number of things that you're doing which I think are wonderful, which I'm also bringing back to Coral Gables to ask that we do similar types of things. But one thing you asked me to talk about was the wallet card. This is a card that's given to children with cognitive disabilities, such as autism. You can go on the web and you can request it. It was done by the Disability Independence Group. It's a project of theirs which was done in conjunction with the Center for Autism and Related Disabilities, which is at UM (University of Miami); and also with the Coral Gables Police Department. And what this does is if someone with autism is pulled over in a car, maybe they won't be able to speak to the officer so well, or maybe they'll look down and -- or maybe they'll act up or act in a way that the police officer might think is resistance or a failure to obey a lawful order. But really, what it is, is just a person who -- they can't help but do that. And what this wallet card allows is the person can give the card to the officer, and it states there the different issues, or, you know, disabilities or concerns that that individual has; the difficult -- it has here the things that they may do differently and it lets the officer know. Like my daughter has a card. It says, "I may have difficulty making eye contact. I may not be able to understand or comprehend your questions. I may have trouble expressing myself. I enjoy laughing and making similar joyful sounds." And that really is -- my daughter loves to make joyful sounds. "Do not assume this alone constitutes suspicious behavior." The -- what goes along with this card is a training program. Coral Gables Police Department obviously has done the training program; other police departments have. Miami-Dade Police Department, MDPD just did the training program and it helps train police officers how to interact with individuals with special needs, and to not look at a certain type of activity as misconduct when really all it is, is a disability or a special need. So to conclude, I'm so honored and thankful to this Commission for this moment. I know how many people this reaches; and again, how large the City of Miami is. And to make this sort of commitment I think is very special. The one thing I think that's been great about the resolution in Coral Gables is that all of our staff now knows that it's not just what you have to do according to law -- obviously, we all know about the ADA (Americans with Disabilities Act) -- but it's going above and beyond that, even in the attitude that you have towards someone with a disability. So when they come to you now -- our staff knows in Coral Gables, when someone comes with a disability, it's, "Oh, well, thank you for letting us know. How can we help you? You're welcome to be here." We don't view this as a negative or as a burden. Obviously, we'll still, you know, we'll look to see how can we accommodate this individual. And it doesn't mean that every single request will be granted. There are some accommodations that sometimes can't be granted, but most accommodations will be granted and it will be done with joy. And even if someone has to be told "no," we will do our best to accommodate them in a different way. And it's that sort of mindset and approach and reaching out to people, and trying to make the government a better place for individuals with disabilities that sets such an example to businesses, universities, residential communities; and really, in the end, it's the government that represents the people and represents disabled people,
City of Miami Page 89 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
and helps them, you know, through this type of resolution. So anyhow, I thank you. You know, I'm so touched. Thank you very much.
Commissioner Suarez: Thank you.
Chair Hardemon: Thank you very much. I know it's been properly moved and seconded. This is an opportunity for the public to have any input. Is there anyone from the public that would like to speak? Seeing none, I'll close the public hearing at this time. Any members from the dais want to add something to the discussion?
Commissioner Gort: Let me tell you, at the City of Miami, we have -- especially in my district, I have the Sandra DeLucca Center, which it does beautiful work. I'm also on the board of Goodwill. People should visit these places and see how these people can be trained and they can be able to produce, and be able to live a normal life. And I think that you hit it right on the corner. A lot of family that do not want to realize that there's something wrong with the kid; they don't want to admit it. And as soon as you can get something taken care of, the better they going to become. Thank you for being here and share your personal experience.
Chair Hardemon: And I learned something today. I mean, when I looked at some of the ways that the children stack items or line items up, I would have thought that that child just loved to build or was, like me, very meticulous in all these different things. So these are like the small things that I would not have known about young children and diagnosing autism, so I mean, I think it just makes all of us more aware. And I think that everyone probably appreciated the video for the level of education that it provided in such a short time period. Is any other discussion?
Commissioner Suarez: No, Chair.
Chair Hardemon: Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
END OF RESOLUTIONS
ATTORNEY-CLIENT SESSION
AC.1 ATTORNEY-CLIENT SESSION 16-00650a Office of the City UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, Attorney THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF: SECURITIES AND EXCHANGE COMMISSION V. CITY OF MIAMI, FLORIDA AND MICHAEL BOUDREAUX, CASE NO. 13-CV-22600, PENDING IN THE UNITED STATED DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS
City of Miami Page 90 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
WIFREDO “WILLY” GORT, FRANK CAROLLO, AND FRANCIS SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MÉNDEZ; DEPUTY CITY ATTORNEYS, JOHN A. GRECO AND BARNABY L. MIN; SENIOR ASSISTANT CITY ATTORNEYS HENRY J. HUNNEFELD AND ROBIN JONES JACKSON; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; THOMAS SCOTT, ESQ.; AND SCOTT COLE, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. 16-00650a Memo - Office of the City Attorney.pdf 16-00650a Notice to the Public.pdf DISCUSSED
Chair Hardemon: Reconvening the Miami City Commission meeting, May 12, 2016.
Barnaby Min (Deputy City Attorney): Thank you, Mr. Chair. On April 28, 2016, under the provisions of Section 286.011, Subsection 8, Florida Statutes, the City Attorney requested that the City Commission meet in private to discuss pending litigation in the case of Securities and Exchange Commission versus City of Miami, Florida and Michael Boudreaux, Case Number 13-CV-22600, pending in the United States District Court for the Southern District of Florida, to which the City is presently a party. The City Commission approved the request, and will now, at approximately 3:20 p.m., commence a private attorney-client session under the parameters of Florida Statute Section 286.011, Subsection 8. The private attorney-client session will conclude approximately one hour later; at which time, the regular City Commission meeting will resume. The session will be attended by the members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell; Commissioners Wifredo Willy Gort, Frank Carollo, and Francis Suarez; the City Manager, Daniel J. Alfonso; the City Attorney, Victoria Méndez; Deputy City Attorneys John A. Greco and Barnaby Min; Senior Assistant City Attorneys Henry Hunnefeld and Robin Jones-Jackson; Division Chief of General Litigation, Christopher Green; Attorney Thomas Scott and Attorney Scott Cole. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. Thank you, sir.
Chair Hardemon: Thank you very much. Recess it? No recess? Okay.
Todd B. Hannon (City Clerk): No, no, no; the Commission is in recess.
Chair Hardemon: Commission's in recess.
Later…
Chair Hardemon: Call this meeting back into session now that we --
Mr. Min: Yes. Mr. Chairman, the shade meeting is now over on the matter that was announced earlier. The Manager has asked for an executive session, if we can take a recess to address those matters.
Chair Hardemon: All right, so we'll go into recess at this time. Thank you very much.
END OF ATTORNEY-CLIENT SESSION
City of Miami Page 91 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
BUDGET
BU.1 BUDGET DISCUSSION ITEM 16-00413 Office of Management MONTHLY REPORT and Budget I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II. SECTION 18-502 (CITY'S ANTI-DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES)
16-00413 Summary Form.pdf
DISCUSSED
Chair Hardemon: Let's move on now to BU.1.
Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. BU.1 is the monthly budget report as presented at the last meeting and carried over to this meeting. In that report, we were projecting a budget surplus of 27 million, which is 24 million in the general fund and 3 million in the internal service fund. The mid-year budget amendment has passed, and we'll reduce that amount to 11.36 million, and it is as we have discussed. I'll be happy to take any questions at this time.
Chair Hardemon: Any further discussion? Any questions? Hearing none, thank you very much, sir.
Mr. Rose: Thank you.
END OF BUDGET
BOARDS AND COMMITTEES
BC.1 RESOLUTION 16-00470 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Keon Hardemon
Vice Chair Ken Russell
Commissioner Frank Carollo
16-00470 Arts CCMemo.pdf 16-00470 Arts Current_Board_Members.pdf
City of Miami Page 92 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
NO ACTION TAKEN
BC.2 RESOLUTION 16-00261 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Keon Hardemon
Vice Chair Ken Russell
16-00261 Audit CCMemo.pdf 16-00261 Audit Current_Board_Members.pdf NO ACTION TAKEN
BC.3 RESOLUTION 16-00596 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Keon Hardemon
Vice Chair Ken Russell
16-00596 Bayfront CCMemo.pdf 16-00596 Bayfront Current_Board_Members.pdf NO ACTION TAKEN
BC.4 RESOLUTION 16-00264 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Jorge Viera Commissioner Wifredo (Willy) Gort
16-00264 Beautification CCMemo.pdf 16-00264 Beautification Current_Board_Members.pdf
City of Miami Page 93 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0215
Chair Hardemon: Moving on to our Boards and Committees.
Nicole N. Ewan (Assistant City Clerk): Good afternoon, Chair and Commissioners. BC.4, City of Miami Beautification Committee: Commissioner Gort will be appointing Jorge Viera.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Hardemon: Properly moved and seconded. Any unreadiness? All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BC.5 RESOLUTION 14-00967 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
14-00967 CIP CCMemo.pdf 14-00967 CIP Current_Board_Members.pdf 14-00967 CIP Memo and Resumes.pdf NO ACTION TAKEN
BC.6 RESOLUTION 16-00597 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN.
City of Miami Page 94 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
APPOINTEES: NOMINATED BY:
Vice Chair Ken Russell
Commissioner Francis Suarez
Commission-At-Large (Alternate Member) Commission-At-Large (Alternate Member)
16-00597 CEB CCMemo.pdf 16-00597 CEB Current_Board_Members.pdf NO ACTION TAKEN
BC.7 RESOLUTION 16-00598 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Mayor Tomás Regalado
Vice Chair Ken Russell
16-00598 CRB CCMemo.pdf 16-00598 CRB Current_Board_Members.pdf 16-00598 CRB Memos and Resumes.pdf NO ACTION TAKEN
BC.8 RESOLUTION 16-00266 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Mayor Tomás Regalado
Chair Keon Hardemon
Chair Keon Hardemon
Vice Chair Ken Russell
Commissioner Frank Carollo
Commissioner Frank Carollo
City of Miami Page 95 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Francis Suarez
Commissioner Francis Suarez
16-00266 CSW CCMemo.pdf 16-00266 CSW Current_Board_Members.pdf NO ACTION TAKEN
BC.9 RESOLUTION 16-00600 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Vice Chair Ken Russell
City Manager Daniel J. Alfonso (Ex-Officio Non Voting Member) City Manager Daniel J. Alfonso (Ex-Officio Non Voting Youth Member)
16-00600 EAB CCMemo.pdf 16-00600 EAB Current_Board_Members.pdf NO ACTION TAKEN
BC.10 RESOLUTION 16-00474 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Keon Hardemon
Chair Keon Hardemon
Vice Chair Ken Russell
Vice Chair Ken Russell
Commissioner Frank Carollo
Commissioner Frank Carollo
Commissioner Francis Suarez
City of Miami Page 96 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
IAFF
FOP
16-00474 EOAB CCMemo.pdf 16-00474 EOAB Current_Board_Members.pdf NO ACTION TAKEN
BC.11 RESOLUTION 16-00599 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Mayor Tomás Regalado
Chair Keon Hardemon
Vice Chair Ken Russell
16-00599 Finance CCMemo.pdf 16-00599 Finance Current_Board_Members.pdf NO ACTION TAKEN
BC.12 RESOLUTION 16-00268 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Vice Chair Ken Russell
16-00268 MIC CCMemo.pdf 16-00268 MIC Current_Board_Members.pdf NO ACTION TAKEN
BC.13 RESOLUTION 16-00603 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI BAYSIDE FOUNDATION INC., FOR A TERM AS DESIGNATED HEREIN.
City of Miami Page 97 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
APPOINTEE: NOMINATED BY:
Chair Keon Hardemon
16-00603 Bayside CCMemo.pdf 16-00603 Bayside Current Board Members.pdf 16-00603 Bayside Resumes.pdf NO ACTION TAKEN
Nicole N. Ewan (Assistant City Clerk): BC.13, Miami Bayside Foundation: Chair Hardemon will be appointing Chelsey Jones Finley.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: What board was that again?
Commissioner Carollo: Bayside Foundation.
Ms. Ewan: Miami Bayside Foundation.
Chair Hardemon: Bayside Foundation.
Commissioner Carollo: BC.13.
Chair Hardemon: Let's not vote on that right now. Can you remove it?
Commissioner Carollo: Sure.
Chair Hardemon: Can you --
Commissioner Carollo: I --
Chair Hardemon: -- withdraw it?
Commissioner Carollo: -- withdraw your --
Commissioner Suarez: I withdraw it.
Chair Hardemon: Thank you very much.
Commissioner Carollo: And I withdraw mine.
Chair Hardemon: I'll continue it.
BC.14 RESOLUTION 16-00601 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
City of Miami Page 98 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Chair Keon Hardemon
Chair Keon Hardemon
Vice Chair Ken Russell
Vice Chair Ken Russell
Commissioner Frank Carollo
16-00601 MSEA CCMemo.pdf 16-00601 MSEA Current_Board_Members.pdf NO ACTION TAKEN
BC.15 RESOLUTION 16-00602 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Margarita Fernandez City Manager Daniel J. Alfonso
16-00602 PRAB CCMemo.pdf 16-00602 PRAB Current_Board_Members.pdf
Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0216
Chair Hardemon: Next item.
Nicole N. Ewan (Assistant City Clerk): BC.15, Parks and Recreation Advisory Board: City Manager Alfonso will be reappointing Margarita Fernandez.
Commissioner Carollo: Move it.
Vice Chair Russell: Second.
Chair Hardemon: It's been properly moved and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BC.16 RESOLUTION 16-00604
City of Miami Page 99 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Vice Chair Ken Russell
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
16-00604 PZAB CCMemo.pdf 16-00604 PZAB Current_Board_Members.pdf 16-00604 PZAB Application.pdf NO ACTION TAKEN
BC.17 RESOLUTION 16-00605 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE SEA LEVEL RISE COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Keon Hardemon
Vice Chair Ken Russell
16-00605 Sea Level Rise CCMemo.pdf 16-00605 Sea Level Rise Current_Board_Members.pdf NO ACTION TAKEN
BC.18 RESOLUTION 16-00607 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE SENIOR CITIZENS' ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Kathleen Day Thurston American Association of Retired Persons ("AARP")
16-00607 Senior Citizens Committee CCMemo.pdf 16-00607 Senior Citizens Committee Current_Board_Members.pdf 16-00607 Senior Citizens Committee Resume.pdf
City of Miami Page 100 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Motion by Vice Chair Russell, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0217
Nicole N. Ewan (Assistant City Clerk): BC.18, Senior Citizens Advisory Committee: There is one confirmation to be made by American Association of Retired Persons of Kathleen Day Thurston.
Vice Chair Russell: Move it.
Chair Hardemon: It's been properly moved. Is there a second?
Commissioner Carollo: Second.
Chair Hardemon: That's the AARP (American Association of Retired Persons); they get one appointment.
Ms. Ewan: Correct.
Chair Hardemon: Any unreadiness? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Ms. Ewan: That concludes the board and committees. Thank you.
Chair Hardemon: Thank you very much.
BC.19 RESOLUTION 16-00271 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Keon Hardemon
Chair Keon Hardemon
Vice Chair Ken Russell
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
Commissioner Frank Carollo
Commissioner Frank Carollo
Commissioner Francis Suarez
City of Miami Page 101 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
16-00271 UDRB CCMemo.pdf 16-00271 UDRB Current_Board_Members.pdf NO ACTION TAKEN
BC.20 RESOLUTION 16-00608 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Keon Hardemon
Vice Chair Ken Russell
16-00608 VKBPT CCMemo.pdf 16-00608 VKBPT Current_Board_Members.pdf NO ACTION TAKEN
BC.21 RESOLUTION 16-00609 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Keon Hardemon
Chair Keon Hardemon
Vice Chair Ken Russell
Vice Chair Ken Russell
Commissioner Frank Carollo
Commissioner Frank Carollo
16-00609 WAB CCMemo.pdf 16-00609 WAB Current_Board_Members.pdf NO ACTION TAKEN
END OF BOARDS AND COMMITTEES
DISCUSSION ITEMS
DI.1 DISCUSSION ITEM
City of Miami Page 102 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
16-00093 Department of NET PRESENTATION BY NEIGHBORHOOD ENHANCEMENT TEAM (NET) Administration ADMINISTRATION. DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo / absent: Suarez), deferred Item DI.1 to the May 26, 2016 Regular Commission Meeting.
DI.2 DISCUSSION ITEM 16-00448 District 3- DISCUSSION REGARDING NET OFFICE BOUNDARIES. Commissioner Frank Carollo 16-00448 E-Mail - Discussion Item.pdf 16-00448 NET Current Boundaries (04-18-16).pdf DISCUSSED
Chair Hardemon: You know, I'm not sure -- I mean, let's do it this way: Is there any discussion item that people want to speak about before we close the meeting?
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: I think there's some that we can knock out real quick, so if I could start knocking some of these out so --
Chair Hardemon: If you call it.
Commissioner Carollo: Yeah. Let's start with DI.1. It's actually a presentation, but I had one regarding the NET (Neighborhood Enhancement Team) Office boundaries. You know, when I originally brought that -- and that's DI.2 -- when I really -- I originally brought that, we had some discussion on it. I'm glad to see that the new map is on the NET website, you know. I do want to point out, though, that when you go into the website and you go under the FAQ, frequently asked questions, and under “How can I find which NET area I live in?” it's still not -- the new map is still not there as of recently that we checked, so I want to make sure that it's also there, because I think, you know, the residents should -- especially if it's there in the Internet -- be able to know where -- what NET areas they should go to or is the closest to them.
Vanessa Acosta: Vanessa Acosta, director of NET. We're working with GIS (Geographic Information System) to make sure that that gets coded in so that when you enter your address, it does reflect which NET office is closest to you. All of our offices, like I said last time, are working to make sure that residents, whether you're driving home from work and you happen to be in the Brickell area and that happens to be your closest office or you're in a fabulous park in the Upper Eastside, all of our offices are open to help any of your residents, regardless of where they are in the City. I would like to ask so that -- some of my staff wanted to be here for the presentation -- if we can do our presentation at another meeting, since --
Commissioner Carollo: Sure.
Ms. Acosta: -- everybody had meetings tonight with homeowners associations.
Chair Hardemon: That's fine.
City of Miami Page 103 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Carollo: I don't have a problem with that. And remember, I understand. I clearly understand that anyone can go to any NET office, but when they receive a notice, you know, in their house saying that “your NET office belongs, you know, a mile way or a couple miles away,” I don't think that, you know, sends the correct message. So I'm glad that it's fixed. So, you know, we could get DI.2 out of the way.
DI.3 DISCUSSION ITEM 16-00544 Office of the City DISCUSSION REGARDING THE MARINE STADIUM. Attorney 16-00544 E-Mail - Discussion Item.pdf
Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
Note for the Record: Item DI.3 was deferred to the May 26, 2016 Planning & Zoning Commission Meeting.
DI.4 DISCUSSION ITEM 16-00331 Department of DISCUSSION REGARDING THE OPTIONS AVAILABLE FOR AN ADVANCED Information INTERNET INFRASTRUCTURE WITHIN THE CITY OF MIAMI BY USING Technology FIBER-OPTIC CAPABILITIES.
16-00331 - Backup Document.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo / absent: Suarez), deferred Item DI.4 to the May 26, 2016 Regular Commission Meeting.
DI.5 DISCUSSION ITEM 16-00388 City Commission DISCUSSION REGARDING PROPOSED CHANGES TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) ORDINANCE. 16-00388 Back-Up from Law Dept.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo / absent: Suarez), deferred Item DI.5 to the May 26, 2016 Regular Commission Meeting.
DI.6 DISCUSSION ITEM 16-00245 District 4- DISCUSSION REGARDING INCLUSION AND/OR IMPLEMENTATION OF Commissioner GREEN SPACE IN WATSON ISLAND MASTER PLAN. Francis Suarez
City of Miami Page 104 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
16-00245 E-Mail - Discussion Item 04-14-16.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo / absent: Suarez), deferred Item DI.6 to the May 26, 2016 Regular Commission Meeting.
DI.7 DISCUSSION ITEM 16-00246 District 4- DISCUSSION REGARDING STATUS OF VIRGINIA KEY STEERING Commissioner COMMITTEE AND ITS FIRST MEETING. Francis Suarez 16-00246 E-Mail - Discussion Item 04-14-16.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo / absent: Suarez), deferred Item DI.7 to the May 26, 2016 Regular Commission Meeting.
DI.8 DISCUSSION ITEM 16-00304 District 4- DISCUSSION REGARDING UPDATE ON MINDS AND MACHINES CITY OF Commissioner MIAMI REVENUE. Francis Suarez 16-00304 E-Mail - Discussion Item.pdf 16-00304 Back-Up Document.pdf DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo / absent: Suarez), deferred Item DI.8 to the May 26, 2016 Regular Commission Meeting.
DI.9 DISCUSSION ITEM 16-00237 District 2 - DISCUSSION REGARDING STATE OF CONTAMINATED CITY PARKS. Commissioner Ken Russell 16-00237 E-Mail - Discussion Item.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo / absent: Suarez), deferred Item DI.9 to the May 26, 2016 Regular Commission Meeting.
DI.10 DISCUSSION ITEM 16-00330 District 4- STATUS REPORT REGARDING COSTS ASSOCIATED WITH TROLLEY Commissioner SERVICE EXPANSION. Francis Suarez
City of Miami Page 105 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
16-00330 E-Mail - Discussion Item.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo / absent: Suarez), deferred Item DI.10 to the May 26, 2016 Regular Commission Meeting.
DI.11 DISCUSSION ITEM 16-00522 District 4- DISCUSSION REGARDING MIAMI-DADE COUNTY RENTS. Commissioner Francis Suarez 16-00522 E-Mail - Discussion Item.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo / absent: Suarez), deferred Item DI.11 to the May 26, 2016 Regular Commission Meeting.
DI.12 DISCUSSION ITEM 16-00559 District 2 - DISCUSSION REGARDING NIGHTLY BED AVAILABILITY FOR HOMELESS Commissioner Ken RESIDENTS. Russell 16-00559 E-Mail - Discussion Item.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo / absent: Suarez), deferred Item DI.12 to the May 26, 2016 Regular Commission Meeting.
DI.13 DISCUSSION ITEM 16-00555 District 3- DISCUSSION REGARDING AN UPDATE ON THE COMMISSION'S REQUEST Commissioner Frank TO THE CITY MANAGER TO IDENTIFY ALL UNZONED LAND THAT CAN BE Carollo ASSIGNED PARK SPACE. 16-00555 E-Mail - Discussion Item.pdf
DISCUSSED
Commissioner Carollo: The other one that I really wanted to speak about, and I'll speak briefly, is regarding DI -- I think it's 13 -- DI.13, which is the unzoned [sic] land as park space. I want to make sure that that is actually received by my office and the Commissioners, because we haven't received the -- I know the -- I spoke to the Manager about it. He says, “Hey, I believe we have it,” but we haven't received it, so I want to make sure that -- and it wasn't in the backup -- so I want to make sure that we receive it so, between now and the next meeting, we could have discussion on it.
Francisco Garcia (Director, Planning & Zoning): Happy to --
Commissioner Carollo: Yeah. Okay, so that's a map. So what does that tell me?
City of Miami Page 106 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Mr. Garcia: Happy to do so. I'm certainly ready to present today, but I think your preference then is to receive the information first, and then we can discuss it further. I'm happy to do that.
Commissioner Carollo: Yes.
Mr. Garcia: Of course.
Commissioner Carollo: (UNINTELLIGIBLE).
DI.14 DISCUSSION ITEM 16-00556 District 3- DISCUSSION REGARDING AN UPDATE ON THE COMMISSION'S Commissioner Frank RESOLUTION FOR THE CREATION OF A LEGISLATIVE INFORMATION Carollo SUBSCRIPTION SERVICE FOR THE PUBLIC TO RECEIVE CITY COMMISSION AGENDAS VIA EMAIL. 16-00556 E-Mail - Discussion Item.pdf
DISCUSSED
Commissioner Carollo: And then with the legislative -- DI.14, Legislative Subscription Service, when do you expect that to be actually online?
Kevin Burns: Commissioner, Kevin Burns, director of Information Technology. That is operational right now. The May 26 agenda will be sent out via the Subscription Service, and it will be up on the website by that time.
Commissioner Carollo: But can someone go in there and put their email and --?
Mr. Burns: By the 26th of this month, that will be available for them to subscribe, and we will send out a press release in advance of that.
Commissioner Carollo: Perfect. That was my question. So by May 26?
Mr. Burns: Yes.
Commissioner Carollo: Thank you for that.
DI.15 DISCUSSION ITEM 16-00557 District 3- DISCUSSION REGARDING AN UPDATE ON THE COMMISSION'S REQUEST Commissioner Frank FOR THE MARLINS BALLPARK TICKET POLICY DIRECTIVE FROM THE Carollo MARCH 11TH COMMISSION MEETING. 16-00557 E-Mail - Discussion Item.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo / absent: Suarez), deferred Item DI.15 to the May 26, 2016 Regular Commission Meeting.
DI.16 DISCUSSION ITEM 16-00560
City of Miami Page 107 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
District 3- DISCUSSION REGARDING THE MIAMI MARINE STADIUM FLEX PARK. Commissioner Frank Carollo 16-00560 E-Mail - Discussion Item.pdf
DISCUSSED
Commissioner Carollo: And I don't know which DI (discussion item) item it is; I have to look for it, but it's regarding Marine Stadium Flex Park. As most of you know --
Chair Hardemon: DI.16.
Commissioner Carollo: DI.16. DI.16, Mr. Clerk. -- with the Flex Park, back in -- I believe it was April 9, 2015 Commission meeting, it was stated by the Administration that we were going to have new soccer fields in place 31 days after the end of the Boat Show, and that has not occurred. I just want to know if there's a new direction, what is that new direction? I think we need to have that discussion. You know, maybe it should be not going to the new committee; I'm not sure, but what I could tell you is we took a vote in this Commission, and part of the reason for that vote was statements by the Administration saying that 31 days after the Boat Show, we were going to have a Flex Park with new soccer fields. I mean, I didn't make that representation; that representation was made by the management. So, again, that's not happening; so I think, at the very least, this Commission needs to have that discussion here.
Chair Hardemon: I agree with you, Commissioner Carollo. I mean, that was part of the deal. For some people, if you did not have those -- that Flex Park, you may not have had a deal. And I will tell you on this issue -- I happened to run into the Mayor of Key Biscayne. You know, they're against a number of different things. However, she was the person that brought it to my attention that the Flex Park hadn't come into fruition the way that it was promised to us. So, you know, I like action, so I'm not sure exactly where we want to go with this, or if there's some explanation for these things that you all need to explain to us. But if you have information on that now, I mean, that would be great to know.
Daniel J. Alfonso (City Manager): So Commissioner, you're right. I think when we were planning this thing -- and if you all recall, this was done rather quickly because, remember, the Friends of the Marine Stadium brought a product that was not accepted, but this Commission had said, "Well, we don't want this, but we want the Boat Show to happen." So some things were put together rather quickly. What we've come to understand is that from a technical standpoint, putting AstroTurf or turf on the entire surface is not quite feasible, so we're looking at different options that we will --
Chair Hardemon: Do you mean expensive? It's more (UNINTELLIGIBLE)?
Mr. Alfonso: No, not just expensive. The way the area is designed with a sloping asphalt, the drainage areas, the footings for the tents, it just -- you can't just put the green turf on top of it because it won't be a level field, so we thought about doing something different. And Francisco can talk about -- one of the things that we thought about is this is a blank slate, and we will -- do plan to present to the Advisory Board and get their input as well. We're putting together a couple of things. One, we want to hire a company or somebody who's an expert at developing this kind of hardscape space into a useable space that is not just a parking lot. Two, we want to look at some of the -- time of the year that we would look at events, like the ones that we had this past week, which would not work if you had turf on that asphalt, because then vehicles wouldn't be able to drive it on it. And I don't know if you -- well, I know the Commissioner was there -- a couple of you were there this weekend. A few weeks ago, we had the rowing races; same thing. If you had turf on that area, it wouldn't work the same way. So there's different ideas as to how to develop that space, and we have -- our intent again is to come up with a organized plan. We would say also that the use of the tents, which are becoming a popular item -- we've been
City of Miami Page 108 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
reached -- people from the Dolphins Fan Fest, several auto show and antique car show folks, Art Basel; obviously, the Boat Show, Home Show; other interesting opportunities, along with local smaller groups have expressed interest in having use of the facilities so that we are looking at a calendar of events that we want to show this Commission, "Look, these are all the opportunities for having events here during a certain period of time of the year," and we want to tell the Commission not all the tents -- because obviously, the biggest event you're going to have there is the Boat Show, but there's an opportunity to do smaller events with less tent space, less invasive, that could generate revenue that could then be used to pay back a debt that is anticipated to be about $40 million to fix the Marine Stadium, and all that would go into that pot. So we'd like to have an opportunity to make a presentation to the Advisory Board and then come to this Commission with a presentation on how to activate that space best.
Chair Hardemon: And Mr. Manager, can you -- with all the -- I mean, we had some very smart people working on this project when they were pitching the idea of having this to become a Flex Park and allow different uses. I mean, we saw a presentation about the thickness of the quality, of the field, what you can do on it; picnics, running, jumping, flipping, things of that nature. And so it's just -- it's hard for me to believe that someone could have overlooked the fact that, “Oh, wait a minute. There's a slope. There's drainage. We can't put that here.” And so, it's just almost like there was -- it was such an integral part of that decision-making process. How is it that you believe that you missed that?
Mr. Alfonso: I think it was done somewhat hurriedly.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: And what -- I want to go a step further. I'll go directly to my point where I really have an issue, and I'll -- so I'm not going to beat around the bush. My point is you may very well be correct; however, if that's the case, I think the Administration should bring it back to this Commission --
Mr. Alfonso: We will.
Chair Hardemon: -- before making a decision. Yeah, but you're -- and it wasn't you who made the statement on the record, but the second person to you made the statement on the record before a vote, as persuasion that, “Hey, this is what's going to happen; vote for this.” And it was very clear, even to the days; how many days. It would be, “31 days after the Boat Show, you would have soccer fields there.” There's going to be artificial turf. So if that's not going to happen, I think, at the very least, the Administration needs to come back to this Commission and address us, as the policymakers, and say, "Listen, this is the issue. We're seeing this. We're not seeing this. There's a potential for this. There's a potential for that." And at that time, that actually would have been even before we voted for this committee. So that's where I really have a problem where we're going a new direction without any of the policymakers' discussion or even addressing it, and that's where --
Mr. Alfonso: Commissioner, right now we have not chosen any specific direction. We're going to come to this Commission with a presentation, and this Commission will tell us whether -- what direction you want us to go in.
Commissioner Carollo: Exactly, but this Commission already made that decision. This Commission already made that decision, and that decision was not followed. And when that decision was not followed, there -- it was not coming back to this Commission explaining, “Listen, I know you took a vote. Part of that vote was our representation of this is what's going to happen. We believe that we should go another direction, or we want to come back, but it” --
City of Miami Page 109 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
you know, again, it should have come back to this Commission.
Mr. Alfonso: I agree. We should have come back earlier.
Chair Hardemon: You know, the decision being made quickly, I don't think that -- just because something is done quickly, does not mean it's done correctly. And so, you know, when we say things are done quickly, we expect that the information that's given to us is going to be fairly accurate for us to make an informed decision. And so I just -- when you say things are done quickly, to me you're not covering the true question. So the question to me is, "Was the field ever” -- “or the space ever evaluated for its use or intended use of the field?
Mr. Alfonso: I believe that the people that gave their recommendations believed in their heart that it could be done, but once we were looking at the surfaces the way they are and we're now -- it's sort of like when you start building something, you do your engineering plans. But once you actually get on the ground, then you find --
Chair Hardemon: Once you look into the ceiling, you see the way the tresses are made --
Mr. Alfonso: You got it. There are different things that may come up so that as we buried into the asphalt, the footings for the tents, we put in the drainage fields; we look at where the drainage fields are in the center. I don't know if you've been out there. You have sort of like an old -- like a racing oval, and it has a drainage area in the center. There is change in elevation from drainage to asphalt to the slope to where the gutters are, the -- not the gutters; the grills, the black grills. So, in order to put a turf that you're actually going to play on, if you think of a soccer field, it has to be a perfectly level surface. So how do you turn an asphalt surface that has significant change in slope, that has different type of surface -- because you have a hard surface and you have a gravel area -- and just make it one uniform grass-looking surface. It's just -- from the engineering point of view, it just become a very difficult task, so we're looking at other options.
Chair Hardemon: Vice Chairman.
Vice Chair Russell: Thank you, Mr. Chair. I did hear the Manager say it briefly, but he said he should have come back to Commission; and at that point, during the engineering, when they were looking at it, and they saw that the bill of goods on which this was sold was not possible, at that point the brakes should have been hit and said, "You know, that thing we showed you guys on which you made a decision? We can't do it anymore. Are you still good with that?"
Commissioner Carollo: That's my point.
Vice Chair Russell: That's your point, and I'm with you there, because I wasn't here during that decision, and I came in during the whole storm of Boat Show, the fight with Key Biscayne, and I'm working very hard to mend that. We even let them win at paddle boarding, so maybe they'll drop the lawsuit.
Chair Hardemon: That's in the water.
Commissioner Carollo: You know that's right.
Chair Hardemon: Oh, okay.
Vice Chair Russell: I hope --
Commissioner Carollo: You know that's right.
City of Miami Page 110 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Vice Chair Russell: -- Mayor Lindsay's watching. Not only that relationship, but our relationship internally, and I've had several breakfasts with the Mayor -- I mean, with the City Manager just trying to make sure that this doesn't happen anymore, and I have felt a change. There was a very tense meeting we had a few weeks ago, and -- I mean here in Commission, obviously -- and I felt a change since then, and a flurry of ideas have been coming about what we could and should do with this park. I'm expecting a lot of unsolicited proposals from really unique ideas of how we can activate this, and new opportunities arising on the backside of Virginia Key with the -- once the area is decontaminated of just -- and a sports complex that may rival, you know, nothing that South Florida's ever seen, and the relationship with Key Biscayne is growing to where they're involved in these decisions. And now the Advisory Board had their first meeting. And since then, their current chair wrote a letter, I believe, to you and to Mr. Garcia, inviting them to come and present. And I think kind of the message is, “Yeah, we didn't do it right, and we're going to start doing it right.” And I'm looking forward to that, because that -- I would know -- if I were here when that decision was made based on that -- and I wasn't -- but I would understand very much how you feel right now.
Commissioner Gort: Mr. Chairman.
Chair Hardemon: Oh, you're recognized, sir. Of course.
Commissioner Gort: My understanding is we were pushing very much for the Boat Show. I think we had a month or two month to put the whole thing together. The option would have been, “Listen, we cannot do the Flex Park; let's not do the Boat Show.” And that's a decision we had in front of us. I mean, and we were promise and all that, but I'm sure they were not available. They didn't have the knowledge of the base that they needed to put together over there. I think there's other options. I think there's plenty of field in there where we can still create the parks and the use for everyone.
Commissioner Carollo: Remember, Mr. -- I mean, Commissioner Gort -- part of that decision was also spending $20 million, okay? So if that Flex Park wouldn't have been part of it, that vote may have been different. So --
Commissioner Gort: Okay.
Commissioner Carollo: -- all I'm saying is, listen, we don't take that vote back, that vote happened. We need to justify our vote, and part of that justification was the representation of the management. And then all I'm saying is, listen, at the time that it couldn't be done; at the time that we thought, you know, we should go in a different direction or another direction; or we're seeing, listen, there's better options, which there may be, which there may be. My argument is not that there's not better options, but at that time, I think you need to come back to the policymakers and not make the decisions yourself, and then later it will come to Commission after the fact, you know. I just -- again, that's the main issue that I had with it. Let's move forward from this. I think you're right, Commissioner Russell; we're starting to make headways, and you know, let's just move forward.
Chair Hardemon: All right, thank you very much.
END OF DISCUSSION ITEMS
PART B: PLANNING AND ZONING ITEMS
Chair Hardemon: We are now down to our discussion items.
Daniel J. Alfonso (City Manager): And there's one PZ (Planning & Zoning) item, Commissioner.
Chair Hardemon: Oh, yeah, and a PZ item. I guess we can tackle the PZ item now.
City of Miami Page 111 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Mr. Alfonso: You want to tackle the PZ item?
Chair Hardemon: Sure.
Mr. Alfonso: Take care of that.
Chair Hardemon: I know -- City Attorney.
Barnaby Min (Deputy City Attorney): Yes, sir. Thank you. We will now begin the Planning & Zoning items. PZ 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 that Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice, pursuant to Florida Statute Section 286.015 and Section 7.1.4.5 of the Miami 21 Zoning Code. Staff will briefly present each item to be heard for applications requiring City Commission approval. The applicant will then present its application request of the City Commission. If the applicant agrees with the staff recommendation and no one from the public wishes to speak for or against the item, the City Commission may proceed to its deliberation and its decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendations they may have, and the public may speak as stated before. The order of presentation shall be as described in the City Code and Miami 21 Code. Members of the public will be permitted to speak through the Chair for not more than two minutes each, unless modified by the Chair. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to requested action, pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commissioners' discretion. Thank you.
Todd B. Hannon (City Clerk): Good after -- or good evening, ladies and gentlemen. If you will be speaking on any of today's Planning and Zone -- or PZ.1, please stand and raise your right hand.
The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning items.
Mr. Hannon: Thank you, Chair.
PZ.1 RESOLUTION 16-00247cr A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF THE RESTRICTIVE COVENANTS DATED ON MARCH 9, 2005, AND RECORDED IN OFFICIAL RECORDS BOOK 23151, PAGE 4667, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 35 NORTHEAST 40TH STREET AND 34-60 NORTHEAST 41ST STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED.
City of Miami Page 112 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
16-00247cr 05-12-16 CC Fact Sheet.pdf 16-00247cr 05-12-16 CC Staff Analysis.pdf 16-00247cr Supporting Docs.pdf 16-00247cr Legislation (v1).pdf 16-00247cr Exhibit A.pdf 16-00247cr Exhibit B.pdf OBSOLETE 16-00247cr-Submittal-Steven Wernick-Map and Restrictive Covenants.pdf 16-00247cr Exhibit C SUB.pdf
LOCATION: Approximately 35 Northeast 40th Street and 34-60 Northeast 41st Street [Commissioner Keon Hardemon - District 5]
APPLICANT(S): Steven Wernick, Esquire on behalf of RS JZ Design 40, LLC and Oak Plaza Associates, LLC
FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommendation pending.
PURPOSE: This will allow a release of restrictions.
Motion by Vice Chair Russell, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0237
Chair Hardemon: You're recognized, sir.
Francisco Garcia: Thank you, sir. For the record, Francisco Garcia, Planning & Zoning director for the City of Miami. Item PZ.1 is the sole PZ (Planning & Zoning) item on your agenda today for the Planning & Zoning items. It is basically a request via a resolution to release a covenant that presently binds two properties. They are, namely, 35 Northeast 40th Street and 3460 Northeast 41st Street. Both parcels are zoned T5-O, which is the Urban Center Transect Zone. And basically, the joinder of both lands through this covenant dates back to approximately 5, maybe 10 years ago -- 10 years ago. I stand corrected -- where a Class II Special Permit, a permit type available at the time, created -- or allowed for development to happen in one property and have some floor area ratio, some development capacity transfer to the other land and also provisions for parking. The two parcels are abutting parcels, and they were tied to this covenant. That Class II Special Permit has since expired. The project is not expected to go forward and can't, in fact, go forward presently; therefore, the need for the covenant has expired as well, but for the fact that the covenant is recorded and has to be released by this body. That is why the proposal is before you, and that is why we are recommending approval.
Chair Hardemon: So the question I have, just starting this off, can you help me just explain what about -- I know you just went through the -- really, the sequence of events that brought us here, but what I'm most concerned about -- because this is in our Design District area, and what I found -- and I'm sure there's other Commissioners that feel the same way -- I find that certain developers find themselves in the position where they negotiate with a community, with -- and negotiate restrictions by covenant, and then come back a few years later and ask for the release of those restrictions, and then -- and this is one of those examples, so help me understand, counselor, why --
City of Miami Page 113 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Steve Wernick: Absolutely.
Chair Hardemon: -- we're changing things now; what makes it different, and what you believe was the reason that we entered a new covenant in the first place.
Mr. Wernick: Thank you, Mr. Chair. Steve Wernick; address at 98 Southeast 7th Street, here on behalf of the two separate property owners that are tied to this covenant. So the Class II Permit that was approved for the a project that was called “The Cube,” which never went forward, that expired -- a condition of that Class II Permit, because of the proposed transfer of FAR (floor area ratio) between the properties, was to record this covenant, and it talks about how the transfer of FAR would work; various other things. So, basically, when the project did not go forward, the reason for the covenant went away. So this was something that someone could have come here eight years ago, nine years ago, once that project expired and be making the same exact request. No development is like being approved for this Piccadilly building. It's there; it's a one-story building. So it's a covenant that shows up on title that we're now finally coming in with a request to remove the covenant, so that's the why it happened.
Chair Hardemon: So tell me then what type of development that could have occurred there that would have led to this covenant.
Mr. Wernick: So, if you would allow me to, I'll just -- I have a -- one exhibit, and then the copy of the Class II Permit, which is two pages, so it's -- this might be something helpful to reference as I respond to the question.
Mr. Garcia: Through the Chair, if I may add very briefly --
Chair Hardemon: Yes.
Mr. Garcia: -- parenthetically, and I think this will also help address some of the concerns someone may have. The result of releasing this covenant -- these are the two parcels involved -- would now be held to full compliance with the present-day regulations, so that's sort of the fallback or the default mechanism that exists. I just wanted to proffer that as well.
Mr. Wernick: So, Mr. Chair, the Clerk has just passed out a couple of documents that are part of the application materials; one page, front and back, has current photos of the property on Northeast 40th Street, which is referred to as the “Piccadilly” building, which is mainly a one-story building that has an addition on part of it that has a couple of small offices, but that building is not being touched as part of this release. That building's been there for about 35, 40 years, and nothing's happening on that site in terms of development. The other photos that you'll see on the backside, Northeast 41st Street, is actually part of the special area plan, the Design District special area plan, and is the construction site now for the museum garage which will create 700 and something parking spaces. So the properties have actually -- essentially moved forward with separate development that is in compliance with the regulations in effect, and they haven't been taking advantage of the Class II Permit or the transfer of FAR; any other development rights that came along with it.
Chair Hardemon: So the -- I'm looking at the findings, so page -- I'm looking at Exhibit "C," City of Miami Special II Class -- Class II Special Permit, final decision. Let's start from the beginning. Are you saying that this special permit -- this special -- Class II Special Permit has expired?
Mr. Garcia: That is correct, sir.
Mr. Wernick: Yes; number of years ago.
City of Miami Page 114 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Chair Hardemon: So the fact that it expired means that this is no longer valid?
Mr. Wernick: Right.
Mr. Garcia: Precisely right. No longer valid.
Chair Hardemon: So they do not have the right to build as so?
Mr. Garcia: Correct. That document has basically expired and has no longer any validity, or no use can be made of it.
Chair Hardemon: And so there's no legal impetus that once you have an expired permit that the covenant is then released?
Mr. Garcia: Precisely. The expiration of the Class II Special Permit invalidates the development that it contemplated, and all conditions pertaining thereto are consequently also invalidated.
Chair Hardemon: Mr. Min, you had something?
Barnaby Min (Deputy City Attorney): So on page 3 of the covenant, it states that “Any modification, amendment or release requires a public hearing before the City Commission.” So it remains in effect, unless such a process occurs.
Chair Hardemon: So the first finding that the proposed project is a mixed use building consisting of residential units, 101; and retail spaces on the ground floor with parking area on the ground and upper levels. So that can no longer happen on this property?
Mr. Garcia: That is correct.
Chair Hardemon: So I'm not afraid of the boogieman in this one, so -- true.
Mr. Wernick: Now, honestly, it's something they could have --
Chair Hardemon: So (UNINTELLIGIBLE) --
Mr. Wernick: -- come in five years ago and have the exact same application.
Mr. Garcia: And may I take the opportunity -- because it's too hard to resist, and so I beg your indulgence. It is often said before this body -- and it is impressed upon you-- that covenants are sometimes not as meaningful as we think they are. Here's an instance of a covenant that has clearly outlived its usefulness; and nevertheless, until and unless this body acts to remove it and release it, it will still stay on the records and bind the property. So this is proof, once again, that these items must come to you before they are actually released and cease to take effect.
Commissioner Gort: Mr. Chair.
Chair Hardemon: Thank you very much. Yes, sir, you're recognized.
Commissioner Gort: Let me see if I can clarify it, because it's very important that people understand what a covenant is, because a lot of people come here with idea, development that they're going to do, and they need a covenant in order to work with the -- and with the residents, so all those people in opposition. My understanding is this covenant was going to allow to do certain construction or certain changes in the property. That is no longer taking place; that's why no longer the covenant is necessary, because it goes back to what it was original. If
City of Miami Page 115 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
anybody wants to come in and do something, they will have to go through the whole process again.
Mr. Garcia: And comply with regulations as they exist.
Commissioner Gort: And comply with regulations that exist today.
Mr. Garcia: That's correct.
Commissioner Gort: I just want to make sure -- I want to make clear. Thank you.
Chair Hardemon: You're recognized.
Vice Chair Russell: Thank you. What you mentioned, though, to me is about how strong the covenant is, that it does have to come before us, and it still remains, even though it's outlived its usefulness. I'm actually dealing with another Planning & Zoning situation where somebody was looking for upzoning, and so we tried to negotiate a covenant to grant them that upzoning in a way that would be beneficial to the neighborhood, and they agreed. And then what I realized is that that covenant could be undone within five minutes on this dais at any time going forward, so that really shook the neighborhood's confidence that this covenant really does have teeth or really does mean anything. I know that doesn't necessarily apply here, because we're not, you know, protecting the neighborhood from anything untoward. But what would be a way, for example -- and you had discussed this with me a little; maybe refresh my memory -- that you could give a -- the terms of a covenant more teeth that even we couldn't undo it, for example?
Mr. Garcia: So in any covenant and every covenant should have a release mechanism built into it, and although our sort of default practice tends to be to have this body, the City Commission of the City of Miami, vote in favor of releasing it or vote in opposition of releasing it, so this body has the ability to keep it in place or not keep it in place, the covenant, that is. There are other mechanisms that could be inserted that also have legal remedies attached to them, and another body can be appointed to consider or release that covenant up to and including the courts, if necessary.
Chair Hardemon: Yep. I have a question. The individuals that were noticed before when the covenant was put into place because their properties -- you know, typically, they get some notice because there's going to be a zoning change within their area, right? They didn't receive notice for this, did they?
Mr. Wernick: I don't know. I haven't talked to the City about this exactly, but we had to notice -- we filed an application with the Hearing Boards Division, just like we would have with a rezoning or any kind of development application, and we had to provide the list of property owners within a certain boundary and the association, so yes. I mean, notice was mailed out as part of the application.
Mr. Garcia: Public notice was provided, as would be with any other resolution considered by this body, absolutely.
Chair Hardemon: But, I mean, notice provided; resolution, a little different. For instance, if there's a resolution on this -- in front of this board, you would get it published on our Internet system, I mean, and some other things, but I'm talking about a little bit different. I'm talking about the notice that you get for your property when -- in your mailbox when there's a zoning change that's about to occur. And I'm asking this because -- particularly, what I'm trying to -- covenants are usually tied to the land, which is what it is today. And so my real -- I'm really trying to dig a little further deeper into whether or not this was actually a restriction that they want to put on the land because of the project and not the land, because of the land?
City of Miami Page 116 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Mr. Wernick: I would respond to that as -- if you look at the Class II Permit, the condition for the covenant shows up in -- as a condition here about the applicant recording within six months of the issuance date, submit a covenant to the City of Miami. The project in this case was going to transfer FAR from the south property, which is where the Piccadilly building is, to the north parcel where the big project was going to go under the Class II Permit; and since that didn't go forward, the conditions of the approval were the reason for the covenant, as I understand it. I haven't -- in all the microfilm we looked at and the research we did in putting the application together -- and this actually was deferred from the last Commission meeting, because we were still looking at additional documentation. So I couldn't find any other reason that it had been put in place.
Mr. Garcia: And I'd like to address that question, if I may --
Chair Hardemon: Yes.
Mr. Garcia: -- Mr. Chairman? The reason for the covenant is that the Class II Special Permit contemplated that some development capacity from one parcel would be used by an abutting parcel for purposes of building the project. It was needed to do so. So the parcel that was the subject of the property could not have on its own obtained the development capacity necessary for the project.
Chair Hardemon: Now, has the development capacity changed for this site because of the special area plan that is within that area?
Mr. Garcia: It has -- it roughly remains the same, but the point I want to make as finely as possible is that the removal of -- the expiration of a Class II Special Permit and the removal of a covenant will restore to each site its original development capacity, and each site presently would have to develop pursuant to its present-day development capacity, absent one another, so it sort of untangles the two properties.
Chair Hardemon: Right. So as I understand then, if -- first question: Is there an SAP (special area plan) that applies to this property?
Mr. Garcia: The special area plan for the Design District affects one, not the other.
Chair Hardemon: When the special area plan was put into place -- now, when this thing is going to -- so, when we remove the covenant on one of the properties that is included within this special area plan, that property is not going back to its original state; it's going back to the special area plan. So my question is, from its original state before the covenant was put into place to now where this special area plan is, is there a change in the right in the capacity to build?
Mr. Garcia: I would answer that "no," and the reason for that is the Class II Special Permit expired. When the Class II Special Permit expires, you can no longer build pursuant to it; so any new development now has to comply with the present-day zoning designation, which happens to be for both properties, T5-O, except that one of the two properties has T5-O plus the special area plan overlay. Now, that pertains to design configurations, et cetera. So --
Chair Hardemon: Would the --
Mr. Garcia: -- the development capacity is now restored individually to each, pursuant to T5-O, which are the regulations today.
Chair Hardemon: Were they both T5-O prior to --?
City of Miami Page 117 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Mr. Garcia: The equivalent thereto, which happen to be at the time as the “A” team; different zoning designation under the previous Code, but they both were rezoned as part of the Miami 21 implementation to T5-O.
Chair Hardemon: Okay. So both of them had the equivalent --
Mr. Garcia: Correct.
Chair Hardemon: -- zoning capacity --
Mr. Garcia: Correct.
Chair Hardemon: -- or building capacity?
Mr. Garcia: Correct.
Chair Hardemon: Okay. And -- no, no one was noticed, right?
Mr. Garcia: And the answer -- and curiously -- and thank you for asking again, because I almost forgot to say it. Here's the quirk that's involved, and I think it's amusing: The Class II Special Permit, which is the predecessor to the present-day warrant -- essentially the same scope of review, the same kind of permit -- requires notification to abutting property owners and neighborhood associations only. That's a requirement for notice. The resolution that's before you today for the removal of the covenant requires notification to property owners within 500 feet, so it's a much more stringent notification requirement, as well as, of course, posting of the property publication in a newspaper of wide publication, et cetera. So the requirement for notice for the resolution to remove the covenant is much more stringent than the original Class II Special Permit that allowed for the transfer of development rights to (UNINTELLIGIBLE)
Chair Hardemon: So the question is have we satisfied that notice?
Mr. Garcia: Absolutely.
Chair Hardemon: Everyone within 500 feet?
Mr. Garcia: Absolutely.
Chair Hardemon: Board members, I'm comfortable with it. I would love to entertain a motion to accept or remove the covenant, as indicated.
Mr. Garcia: Released.
Chair Hardemon: Yeah.
Vice Chair Russell: I'll move it.
Chair Hardemon: It's been properly moved. Is there a second?
Commissioner Gort: Second.
Mr. Min: Mr. Chair, I believe the applicant is going to propose a modification. The legislation, as currently drafted, says that the covenant should be modified. I believe the applicant wants it to read that the covenant should be released.
City of Miami Page 118 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Mr. Wernick: Yeah. The staff report that came out couple weeks ago --
Chair Hardemon: Said “release.”
Mr. Wernick: -- calls for a release, and the legislation had actually been approved previously.
Chair Hardemon: Said modified.
Mr. Wernick: So the only change is, in the “whereas” clause, it changed "modified" or "release"; and in the Section 2, where it -- it used to say, “The City Manager is authorized to execute a modification of the declaration”; it would now say, “execute a release of the declaration.”
Chair Hardemon: All right.
Mr. Garcia: That is our recommendation, sir, to release.
Chair Hardemon: Well, yes. As long as the movers and seconders agree with that, that's fine.
Commissioner Gort: Second.
Vice Chair Russell: I agree.
Chair Hardemon: Is there any further discussion on the item? Is there anyone from the public that'd like to speak on this item? Seeing none, I'll close the public hearing at this time. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Mr. Min: As amended.
Chair Hardemon: As amended.
Mr. Wernick: Thank you.
END OF PLANNING AND ZONING ITEMS
MAYOR AND COMMISSIONERS' ITEMS CITYWIDE
HONORABLE MAYOR TOMAS REGALADO
END OF CITYWIDE ITEMS DISTRICT 1
COMMISSIONER WIFREDO (WILLY) GORT
END OF DISTRICT 1 DISTRICT 2
City of Miami Page 119 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
VICE CHAIR KEN RUSSELL
END OF DISTRICT 2 DISTRICT 3
COMMISSIONER FRANK CAROLLO
END OF DISTRICT 3 DISTRICT 4
COMMISSIONER FRANCIS SUAREZ
END OF DISTRICT 4 DISTRICT 5
CHAIR KEON HARDEMON
END OF DISTRICT 5
NON-AGENDA ITEM(S)
NA.1 RESOLUTION 16-00688 City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE RETENTION OF THE CORAL GABLES CITY ATTORNEY'S OFFICE, AS OUTSIDE CONFLICT COUNSEL, PRO BONO, FOR REPRESENTATION, ON AN AS-NEEDED BASIS, ON LEGAL MATTERS WHERE A CONFLICT OF INTEREST MAY EXIST AS DETERMINED BY THE CITY ATTORNEY.
Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0210
Chair Hardemon: RE.12.
Victoria Méndez (City Attorney): Chairman.
Commissioner Gort: Thank you.
Chair Hardemon: Yes.
Craig Leen: Thank you.
Ms. Méndez: I have a resolution, actually. Since Mr. Leen is here, and we value him so much, I have a pocket item, which had to do with a resolution of the City of Miami Commission approving the retention of Coral Gables City Attorney's Office as outside conflict counsel, pro bono, for representation on as-needed basis on legal matters where a conflict may exist, as
City of Miami Page 120 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
determined by the City Attorney. Mr. Leen has helped us in various items that have been contentious items for the City when staff may be in a situation where they need some representation. So I ask that you allow me to just have an ongoing agreement with him, whenever needed, in order to be able to assist the City pro bono.
Commissioner Suarez: Move it. Discussion.
Commissioner Gort: Second.
Chair Hardemon: It's been properly moved and seconded for this item. Is there anyone from the public that would like to speak on the item? Seeing none, I'll closely the public hearing. Any discussion?
Commissioner Suarez: Thank you, Mr. Chair, and thank you for indulging the prior -- discussion on the prior item. We've had a very long day, but he has -- he's really exemplary in terms of what he's done for the City and how he's represented and been part of a representation team, and he has a very good synergy with our City Attorney, who's also, you know, part of that team. Thank you.
Craig Leen: Mr. Chair, may I say one word?
Chair Hardemon: Absolutely.
Mr. Leen: It's a true honor to represent the City of Miami. I always enjoy coming here. I learn a lot coming here. It's a great experience. I want to thank Vicky for the trust that she shows in me as the City Attorney of Coral Gables for having me come here and we have a great relationship, and I just feel -- this has been a wonderful day. Thank you.
Chair Hardemon: Thank you very much.
Commissioner Gort: Thank you.
Chair Hardemon: Any further discussion? All right, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
NA.2 ORDINANCE First Reading 16-00687 District 2 - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Ken 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Russell AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", TO AMEND SECTION 2-885, ENTITLED "TERMS OF OFFICE; TERM LIMIT WAIVER", TO PROVIDE THAT BOARD MEMBERS' TERMS MAY ONLY BE EXTENDED FOR ONE (1) ADDITIONAL ONE (1) YEAR TERM; PROVIDING THAT SUCH EXTENSION MUST BE APPROVED BY FIVE (5) MEMBERS OF THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 16-00687 Legislation SR.pdf
Motion by Vice Chair Russell, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote.
City of Miami Page 121 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Votes: Ayes: 3 - Commissioner(s) Russell, Carollo and Suarez Noes: 2 - Commissioner(s) Gort and Hardemon Victoria Méndez (City Attorney): Chair Hardemon, this is the last time, I promise, that I'll jump in out of order, but a related item to SR.1 that we just had is a D2 pocket item that has to do with the term limit waiver. This is an ordinance in order to provide that board members' terms may only be extended for one additional one-year period -- one additional one-year term, and providing for such extension must be approved by five members of the City Commission. This -- if you'll recall, this was part of the original SR.1 ordinance that we just passed, but it was bifurgated [sic] in order to deal with the absence waiver first and now the term waiver. And this item was supposed to be placed on this agenda. Inadvertently, I understood it to be placed for the May 26 agenda instead, so that's why it's coming before you as a pocket item. Since it had -- the original language was in SR.1 for first reading, we brought this item today here also for first reading, but it's here before you as a pocket.
Chair Hardemon: Is there anyone from the public that would like to speak on this item? Seeing none, I'll close the public hearing.
Vice Chair Russell: Move it.
Chair Hardemon: It's been moved. Is there a second?
Vice Chair Russell: Uh-oh.
Commissioner Carollo: Second. Second for discussion.
Chair Hardemon: And it's been properly seconded. Discussion.
Vice Chair Russell: I know this one's a tough one. This is something that I believe in very dearly, and I know we've already batted it around a little bit. I know there is some resistance. I hope to -- I mean, five-five is why this is so important to us, that we -- in order to extend a board member's term again and again, we need to vote unanimously, and there's very few things in this City on which we need to vote unanimously. I just think we've created a habit amongst ourselves in deference to each other to not offend each other on their appointments to always say "yes" to the five-five, which has always happened on extensions of term limit and granting the waiver. I, however, am -- I feel very strongly about term limits, no matter what level of government they are, and encouraging new people to come in; encouraging those who have been in for their full term to serve out their term and then find other ways to stay involved, which, clearly, they can, even whether it's on that board or on another. I don't wish to tie our hands, but I wish us to open our minds and eyes to all the opportunities of all the people out there that could be available to these boards that want to serve on these boards, and sometimes the leadership on the boards can get stale. Someone can be in there for years and years and years, and sometimes participation can drop; a certain philosophy may get entrenched. And, you know, we're not on those boards; we're not seeing what's happening there in the trenches; all we know is the relationship we have with that person. So the pressure's always on us to extend them and give them further time, because they've served, and obviously, they care. I want to take that pressure off of us by simply having an ordinance that says we can extend someone after they've served their full term one time, and that one-year extension will give us the time to seek out their replacement. In that way, it's no longer a decision of ours; that it's part of our process. Just like any one of us, no matter how good we get over the next eight years of our terms, we have to go after that point. I think that should hold within all levels of government. And as I promised, I will be bringing all sorts of things to help us encourage more participation in boards, how to find new people to serve on boards, and really invigorate that process so that they're bringing new legislation to us in a very active way. So I do hope for your support on this. I understand where some of you stand, but I would like to bring this to a decision. If it doesn't, obviously, pass, I'll have to be with my conviction as we go through on five-fives, and it'll never be a personal thing against anyone or
City of Miami Page 122 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
any single person; it's just something that's very important to me, and that's kind of how I feel. I'd just like to hear from you guys. I know you had a few weeks to think about it.
Chair Hardemon: Well, I can tell you that a board member is as limited as the Commissioner that appoints him, and I say that to say that there were some board members that you had on boards that you did not support moving forward and you removed them and you appointed new people, and the Commission accepted those individuals. On the other hand, there are some board members that I've tried to appoint -- and particularly, I remember that I tried to appoint a number of times -- that this Commission did not accept, and that's just an appointment. So, you know, Commissioners, I think, give deference to appointments, but when they need to weigh in on one, they will. And typically, when they do that, it's not personal to that Commissioner; it's just about that board appointment. I will tell you that I have enough things to read than to read through the history of someone who's been serving on a board, and I'm not going to go through and do that. However, if the actions of a board member become so egregious to the point where it comes to my attention, then I may have an opinion about someone, so, yeah, I think that the mechanism is there in which you can enforce limits to someone's terms, because you always have the power to remove them or appoint them; it is just how that Commissioner them self decides to do things. The one thing that I'm not pressured to do up here is make a board appointment. That's the one thing. As a matter of fact, I mean, that's probably one of the very few things that you don't really get a lot of knocks on the door about, and I know that I control the most, and there's no influence or monkey on my back, if you will, to make a certain board appointment, because I know that it's within my authority to do that, to make that board appointment. So that's why, you know, I don't see myself voting in favor of this item. Anyone else? Commissioner.
Commissioner Gort: Let me tell you, I feel very strong about some of the appointments that I've done in the past. I left, and they stayed, because the new Commissioners that came in, they put them on board. At the same time, my understanding is the chairmanship of every board is elected by the members of the board, so if a person continues to get the nomination to chairmanship, he must be doing a good job. And I was the chairman that created the districts, although I think I'm a -- district is the worst thing we could do, because the problem is we can see some of the problem we having in Tallahassee and some of the problem we have in Washington, with this districting, but people wanted that, and we had that. I cannot vote for this at this time.
Chair Hardemon: Is there any further discussion? It is an ordinance, Madam City Attorney.
The Ordinance was read by title into the public record by the City Attorney.
Todd B. Hannon (City Clerk): Roll call on item NA.2, a first reading ordinance. Commissioner Suarez?
Commissioner Suarez: This is a first reading or second reading?
Mr. Hannon: First reading, sir.
Ms. Méndez: First reading.
Commissioner Suarez: Yes, on first.
Mr. Hannon: Commissioner Gort?
Commissioner Gort: No.
Mr. Hannon: Commissioner Carollo?
City of Miami Page 123 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Carollo: Yes, on first.
Mr. Hannon: Vice Chair Russell?
Vice Chair Russell: Yes.
Mr. Hannon: Chair Hardemon?
Commissioner Suarez: You know what that means, right?
Chair Hardemon: That means we have another vote on this again. "Against."
Commissioner Suarez: That's right.
Mr. Hannon: The motion passes, 3-2. The ordinance passes on first reading, 3-2.
Chair Hardemon: All right.
NA.3 RESOLUTION 16-00683 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Francis Suarez FIRST AMENDMENT TO THE INTERLOCAL AGENCY AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY ("SFRTA"), ALLOWING THE CITY TO DISBURSE ITS APPROVED CONTRIBUTION IN AN AMOUNT NOT TO EXCEED EIGHT MILLION NINETY-SEVEN THOUSAND THIRTY AND NO/100 DOLLARS ($8,097,030.00) ON A MONTHLY BASIS TO SFRTA FOR THE DESIGN AND CONSTRUCTION OF THE IMPROVEMENTS NEEDED TO FACILITATE PASSENGER RAIL SERVICE WITHIN THE CITY LIMITS CONDITIONED ON A CONTRIBUTION BY SFRTA IN AN AMOUNT EQUIVALENT TO THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") CONTRIBUTION; FURTHER AUTHORIZING THE REMOVAL OF THE REQUIRED CONTRIBUTION BY THE FDOT AS A CONDITION TO THE CITY'S CONTRIBUTION AND SUBSTITUTING THE CONTRIBUTION BY SFRTA IN AN AMOUNT EQUIVALENT TO FDOT AS A NECESSARY PRECONDITION TO THE CITY'S CONTRIBUTION; WITH SUCH OTHER MODIFICATIONS TO THE TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID FIRST AMENDMENT TO THE INTERLOCAL AGENCY AGREEMENT. 16-00683 Exhibit.pdf
Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0218
Commissioner Suarez: Mr. Chair, can I take a pocket item --
Chair Hardemon: Yes, sir.
City of Miami Page 124 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Suarez: -- non-monetary nature?
Chair Hardemon: Sure.
Commissioner Suarez: Thank you. This pocket item is a resolution authorizing a change in our documents for the Tri-Rail deal. I sent an email on Thursday of last week and -- of May 5 -- I'm sorry -- and also a -- there was an additional email sent on Tuesday, May 10, with the language. It basically substitutes SFRTA (South Florida Regional Transportation Authority) for the Florida Department of Transportation, which, unfortunately, did not make the $20 million contribution that we were told they were going to make. Thankfully, SFRTA stepped up, they made the $20 million contribution, they took on the indemnity, and all we're doing is amending our documents to reflect basically somebody stepping into the shoes of FDOT (Florida Department of Transportation) for purposes of the deal that we all worked very hard to make to bring Tri-Rail to downtown and to Overtown.
Commissioner Gort: Move it.
Commissioner Suarez: Second.
Commissioner Carollo: Second.
Chair Hardemon: Properly moved and seconded. May I see the copy?
Commissioner Suarez: Yeah, yeah. Can I be the mover?
Chair Hardemon: Let the record reflect that the movant was Commissioner Suarez and seconded --
Commissioner Gort: Sponsored by Commissioner Suarez.
Chair Hardemon: -- by the -- Commissioner Gort. Any further discussion on this item?
Commissioner Suarez: We emailed it to everybody.
Chair Hardemon: You want me to read it aloud? Title -- I'm going to give this a shot -- “A resolution of the Miami City Commission, with attachments, authorizing the City Manager to execute a first amendment to the interlocal agency agreement, in substantially the attached form, between the City of Miami and the South Florida Regional Transportation Authority, allowing the City to disburse its approved contribution in an amount not to exceed $8,097,030 on a monthly basis to SFRTA for the design and construction of the improvements needed to facilitate passenger rail service within the city limits; conditioned on a contribution by SFRTA in an amount equivalent to the Florida Department of Transportation contribution; further authorizing the removal of the required contribution by the FDOT as a condition to the City's contribution and substituting the contribution by SFRTA in an amount equivalent to FDOT as a necessary precondition to the City's contribution; with such other modifications to the terms and conditions as more specifically set forth in said first amendment to the interlocal agreement.” So the "whereas" clause -- I mean, it gives you some history, but more importantly, the "therefore" clause says that “The City Manager is authorized to execute a first amendment to the interlocal agency agreement, in substantially the attached form, between the City and SFRTA authorizing: One, the removal of a condition from FDOT as a necessary precondition to the City's contribution; two, the substitution of a contribution by SFRTA to” -- “for an amount equivalent to FDOT as a precondition of the City's contribution; and three, the monthly (modified from quarterly)” -- and that's what I was going to ask a question about -- “disbursement of City contribution in an amount not to exceed $8,097,030, upon presentment of required invoices and related reimbursement documentation by SFRTA; with such other modifications to the terms and
City of Miami Page 125 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
conditions as more specifically set forth in the first amendment to the interlocal agency agreement.”
Commissioner Suarez: Mr. Chair.
Chair Hardemon: You're recognized.
Commissioner Suarez: I also want to commend Commissioner Bruno Barreiro from Miami-Dade County for his leadership on the SFRTA. I think he's the chair of the SFRTA, if I'm not mistaken, and he really shepherded this through and took leadership; and Jack Stephens, as well, from Tri-Rail. Yeah, everything is the same. The one change is that this is our PTP (People's Transportation Plan) reserve money that we had allocated for the monies for Tri-Rail; and that rather than them bill us on a quarterly basis, they can bill us on a monthly basis for reimbursement of cost.
Chair Hardemon: Is there a difference between the monthly and the quarterly to the City?
Mr. Alfonso: Commissioner, it just means that we have to pay the bills on a more regular basis. When they send us a construction reimbursement package, they're going to do it monthly instead of doing it quarterly.
Commissioner Gort: (UNINTELLIGIBLE).
Mr. Alfonso: Not a significant difference, no.
Chair Hardemon: And Commissioner Suarez --
Commissioner Suarez: Yes, sir.
Chair Hardemon: -- where there's some preconditions and such, that does not affect the commitment -- the total commitment of each organization that's participating in this --
Commissioner Suarez: That's correct.
Chair Hardemon: Right?
Commissioner Suarez: The only thing we're doing is since we had agreements -- this is a co-operative fundraising campaign to get this done, and we're just substituting one party for another; the one that stepped up for the one that did not.
Chair Hardemon: So the cash flow model, the contribution by --
Commissioner Suarez: Everything the same.
Chair Hardemon: -- form on the second to the last page, that percentage chart has not changed.
Commissioner Suarez: Correct.
Chair Hardemon: All right, any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Suarez: Thank you.
Chair Hardemon: All against? Motion passes.
City of Miami Page 126 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
NA.4 RESOLUTION 16-00728 A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THAT THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD CONSIDER THE DESIGNATION OF 3701 PARK AVENUE, MIAMI, FLORIDA.
Motion by Vice Chair Russell, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0219
Vice Chair Russell: Mr. Chair, I have a pocket discussion item.
Chair Hardemon: Okay.
Vice Chair Russell: Couple of --
Chair Hardemon: Moving back to the regular agenda. You're recognized.
Vice Chair Russell: Thank you. It's brief. I just wanted to bring it up since a couple of the neighbors are here. There is a property in my district, 3701 Park Avenue. It's a hundred-year old property, and I've been contacted by dozens and dozens and dozens of constituents and had community meetings. There's a concern that this may be a historic property which may be demolished. I believe there is a demolition permit in process but not yet approved, if I'm not mistaken; and I would just like us, as a body, to make a motion that the property located a 3701 Park Avenue be evaluated for historic designation; and to direct the Historic & Environmental Preservation Officer to prepare a preliminary evaluation report, to be reviewed by the Historic & Environmental Preservation Board at the earliest available date. I do want to be clear that I do not have a position on this; that I am saying that it must be designated or whatever, but I think it definitely needs the fair option of being preserved in, you know, the Grove. When we have hundred-year-old homes, they -- we need to -- at least give a chance. Once it's gone, it's gone. And maybe the board doesn't find it historic, and fair enough, but I definitely want to give it a chance at -- the board at least reviews it before demolition.
Chair Hardemon: Typically, what is the rule? It's like someone who's adjacent to the property has the right to file for --
Commissioner Suarez: Not anymore.
Chair Hardemon: -- historic preservation?
Commissioner Gort: The owner (UNINTELLIGIBLE).
Chair Hardemon: What is it?
Vice Chair Russell: That got changed.
Commissioner Suarez: That Was changed, yeah.
Chair Hardemon: So -- yeah. What is it now?
Vice Chair Russell: And so we --
Chair Hardemon: Is it a zone -- yeah, explain to me what it is now.
City of Miami Page 127 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Suarez: Administration.
Francisco Garcia: Thank you for the opportunity. Francisco Garcia, Planning & Zoning director. The Miami City Code was amended roughly two years ago to make the requirements for historic designation slightly different and more stringent. And so, presently, although I think everyone in staff and certainly the sentiment in the area, as I was able to receive feedback directly at a recent meeting, is that that possibility should be looked at more closely. The procedure, however, is that this body, the City Commission, by resolution, can direct that a report be prepared and presented to the Historic & Environmental Preservation Board for designation. We've expressed to the Commissioners that we are certainly happy to consider that.
Chair Hardemon: Okay. All right, there's a motion. Is there a second?
Commissioner Suarez: And let me just clarify one thing for --
Commissioner Carollo: Second.
Commissioner Suarez: -- the record that I'm not sure -- the property owner -- for historic properties, can they be moved physically, or they have to stay in their exact physical location?
Vice Chair Russell: Good question.
Commissioner Suarez: In the same lot.
Mr. Garcia: That would be the subject for consideration by the HEP (Historic & Environmental Preservation) Board, yes.
Commissioner Suarez: And that person -- that -- whoever that property owner is would have whatever rights -- if they have -- they have the right to challenge whatever process or whatever?
Mr. Garcia: It is a public hearing, absolutely. And I should also say -- because I was not perfectly clear -- that it is by resolution that this body is able to instruct the Historic & Environmental Preservation Board to consider the item, so because this was scheduled today as a pocket item, that would not suffice. We would ask you, please, to issue a proper resolution to direct that, and we will certainly begin to look at the property as appropriate.
Barnaby Min (Deputy City Attorney): Right. And we'll obviously draft a resolution based on the motion and the second that was presented today.
Vice Chair Russell: Is this type of an item that could be brought as a pocket and done on the floor?
Mr. Min: Yes, sir, and we can draft the resolution accordingly.
Vice Chair Russell: Right now?
Mr. Min: Yes.
Vice Chair Russell: Great.
Chair Hardemon: Is the property owner aware?
Vice Chair Russell: Yes. I've -- I actually met with him yesterday, and I'm very impressed with them as someone who does seem to care very much about the character of the home. They
City of Miami Page 128 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
haven't decided what they want to do with it yet, but they have applied for -- there was a demolition permit that was applied for by the previous owner, and they've just continued that process, and they may knock it down; they may not. They may build something there. I don't know what their plan is, but I certainly think that it should be considered at least by the Historic & Environmental Preservation Board to see whether it's something that we, you know -- I mean, you can't take it lightly, obviously. There are property owner rights here involved, and I want to respect those very much. But if it's worthy of historic designation, I certainly wouldn't want to see it get demolished before we've had at least a chance to evaluate it.
Commissioner Suarez: And I would just say that that -- the only reason why I'm clarifying this is I just want to make sure that you don't get burned in any way, shape, or form if -- and, obviously, whatever property owner is there, they have their -- whatever rights they believe they have or they may have, and so -- you know, sometimes we try to do things -- like, for example, protect something historic, and a right that somebody has asserted, supersedes, or trumps, whatever it is that we're trying to do; or maybe we came a little late in the game, which does happen sometimes. And I just -- for purposes of your discussion and your item, I just wanted to clarify that for the record --
Vice Chair Russell: Yes.
Commissioner Suarez: -- in case something happens, and I don't want people knocking down your door thinking like -- that you let something happen that you did not.
Vice Chair Russell: I certainly wanted to reach out to them and let them know that I would be bringing this today. And Mr. Chair, to your comment, this is actually quite unprecedented, because in the past, the neighborhood would be able to get together and petition for historic designation, and there's been a change that now takes them out of that position so a neighbor cannot -- a group of neighbors can't just point at one house and say, “We want that designated historic to save it.” So they've now looked to me as their Commissioner, the residents have, to at least give it a chance and see if it can be --
Commissioner Suarez: That's fair.
Vice Chair Russell: -- you know, this obviously doesn't confirm designation by any means. It simply asks our HEP Board to take a look at it.
Commissioner Gort: Mr. Chairman, at one time, didn't we have a resolution that the property owner will be part of the committee that also would sit on the selection?
Mr. Garcia: The property owner certainly has to be made aware. And if I may just very briefly remind the Commissioners that what we've been able to do as a result of the recent changes made to the City Code for designation is to avert what we were experiencing previously, which was quite a bit of contentious or adversarial designation proposals of one property owner asking that the property across the street be designated for historic purposes, and that created, you know, a contentious atmosphere that we were trying to avoid. We are certainly happy to receive your instructions on this; and certainly, the property owner will be involved, as they have been; and they're very sympathetic, by the way. I should describe them as sympathetic to the proposal.
Vice Chair Russell: Do we have a resolution worded?
Mr. Min: I haven't drafted it yet, but it would be a resolution directing the HEP Board to consider the designation pursuant to 23-4.
Vice Chair Russell: Thank you. I'd like to move that.
City of Miami Page 129 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
Commissioner Carollo: That's my second to -- I -- seconder accepts that motion.
Chair Hardemon: I think that's what he intended to say, so there's a proper movant and a seconder. Is there any further discussion on the item? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Commissioner Suarez: Guys, I got to run, so I'll continue my discussion items. Thank you.
Chair Hardemon: Yeah. We have --
NA.5 DISCUSSION ITEM 16-00725 A MEETING OF THE CITY OF MIAMI COMMISSION HAS BEEN SCHEDULED FOR THURSDAY, MAY 26, 2016, AT THE CITY OF MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133. A PRIVATE ATTORNEY-CLIENT SESSION WILL BE CONDUCTED UNDER THE PARAMETERS OF §286.011(8), F.S. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASES OF: MIAMI-DADE COUNTY, ET AL. V. FLORIDA POWER & LIGHT COMPANY, ET AL., CASE NO. 3D14-1467, BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL., CASE NO. 15-747, BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS; IN THE MATTER OF FLORIDA POWER & LIGHT COMPANY TURKEY POINT, UNITS 6 & 7, DOCKET NOS. 52-040 AND 52-041, BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION; AND IN RE: NUCLEAR COST RECOVERY CLAUSE, DOCKET NO. 160009, PENDING BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO “WILLY” GORT, FRANK CAROLLO, AND FRANCIS SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MÉNDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; LITIGATION DIVISION CHIEF CHRISTOPHER A. GREEN, AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY, AND XAVIER E. ALBAN.
DISCUSSED
Barnaby Min (Deputy City Attorney): And also, I have two scripts I need to read; I apologize. Mr. Chairman, members of the City Commission, pursuant to the provisions of Section 286.011, Subsection 8, Florida Statutes, the City Attorney's requesting that at the City Commission meeting of May 26, 2016, an attorney-client session, closed to the public, for the following purposes of discussing the pending litigation in the following cases: Miami-Dade County, et al.
City of Miami Page 130 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
versus Florida Power & Light Company, et al., case number 3D14-1467, before the Third District Court of Appeal; City of Miami versus State of Florida Department of Environmental Protection and Florida Power & Light Company, case number 15-747, before the Division of Administrative Hearings; in the matter of Florida Power & Light Company Turkey Point, Units 6 and 7, docket numbers 52-040 and 52-041, before the U.S. Nuclear Regulatory Commission; and in re: Nuclear Cost Recovery Clause, docket number 160009, before the Florida Public Service Commission. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will begin at approximately 3 p.m. (or as soon thereafter as the commissioners' schedules permit) and conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell, Commissioners Wifredo "Willy" Gort, Frank Carollo, and Francis Suarez; the City Manager, Daniel Alfonso; the City Attorney, Victoria Méndez; Deputy City Attorneys John Greco and Barnaby Min; Litigation Division Chief Christopher Green, and Assistant City Attorneys Kerri McNulty, and Xavier Alban. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney-client session. That deals with FPL (Florida Power & Light).
NA.6 DISCUSSION ITEM 16-00726 A MEETING OF THE CITY OF MIAMI COMMISSION HAS BEEN SCHEDULED FOR THURSDAY, MAY 26, 2016, AT THE CITY OF MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133. A PRIVATE ATTORNEY-CLIENT SESSION WILL BE CONDUCTED UNDER THE PARAMETERS OF §286.011(8), F.S. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE FOLLOWING CASES: VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-200 AP, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, APPELLATE DIVISION; VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION, CASE NO. 3D15-2824, BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V. VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY, CASE NO. 3D16-866, BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V. VILLAGE OF KEY BISCAYNE, , CASE NO. 3D16-900, BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V. VILLAGE OF KEY BISCAYNE, CASE NO. 3D16-1019, BEFORE THE THIRD DISTRICT COURT OF APPEAL; AND VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-02997 CA 09, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO “WILLY” GORT, FRANK CAROLLO, AND FRANCIS SUAREZ; THE
City of Miami Page 131 Printed on 6/14/2016 City Commission Meeting Minutes May 12, 2016
CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MÉNDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LAND USE/TRANSACTIONAL MATTERS RAFAEL SUAREZ-RIVAS; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND AMANDA L. QUIRKE-HAND. DISCUSSED
Barnaby Min (Deputy City Attorney): Additionally, pursuant to Florida Statute Section 286.011, Subsection 8, Florida Statutes, the City Attorney is requesting at the City Commission meeting of May 26, 2016, an attorney-client session, closed to the public, be held for the purpose of discussing the pending litigation in the following cases: Village of Key Biscayne versus City of Miami, case number 15-200 AP, before the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Appellate Division; Village of Key Biscayne versus City of Miami and National Marine Manufacturer's Association, case number 3D15-2824, before the Third District Court of Appeal; City of Miami versus Village of Key Biscayne and Miami-Dade County, case number 3D16-866, before the Third District Court of Appeal; City of Miami versus Village of Key Biscayne, case number 3D16-900, before the Third District Court of Appeal; City of Miami versus Village of Key Biscayne, case number 3D16-1019, before the Third District Court of Appeal; and Village of Key Biscayne versus City of Miami, case number 15-02997 CA 09, before the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations and strategy discussions. This private meeting will begin at approximately 3 p.m. or as soon thereafter as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by the members of the City commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell; Commissioners Wifredo "Willy" Gort, Frank Carollo, Francis Suarez; the City Manager, Daniel Alfonso; the City Attorney, Victoria Méndez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for Land Use/Transactional Division, Rafael Suarez-Rivas; and Assistant City Attorneys Kerri McNulty and Amanda Quirke-Hand. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney-client session. Thank you, Mr. Chair.
Chair Hardemon: If there is no objection --
Commissioner Gort: Is that it?
Chair Hardemon: -- meeting adjourned.
END OF NON-AGENDA (ITEMS)
ADJOURNMENT
The meeting adjourned at 8:36 p.m.
City of Miami Page 132 Printed on 6/14/2016