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HomeMy WebLinkAboutCC 2020-05-28 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com r�r * I N E 0 R P B R A T E 0 l8 96 1 Meeting Minutes Thursday, May 28, 2020 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Keon Hardemon, Chair, District Five Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes May 28, 2020 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present. Chair Hardemon, Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo and Commissioner Reyes. On the 28th day of May, 2020, the City Commission of the City of Miami, Florida, conducted and broadcasted a virtual meeting from 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., and adjourned at 1:06 p.m. Note for the Record. Commissioner Reyes joined the virtual meeting at 9:15 am., and Commissioner Carollo joined the virtual meeting at 10:56 a.m. ALSO PRESENT. Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk ORDER OF THE DAY Chair Hardemon: Welcome to the May 28, 2020 meeting of the Miami City Commission in these historic chambers. The members of the City Commission are Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes; Ken Russell, the Vice Chair; and me, Keon Hardemon, the Chairman. Also on the dais are Emilio Gonzalez, our City Manager; Victoria Mendez, the City Attorney, and Todd Hannon, our City Clerk. We will now begin our regular meeting. The City Attorney will state the procedures to be followed during this meeting. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code, must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office, or online at municode.com. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of the City Code section is available at the Office of the City Clerk, or online at municode.com. Pursuant to Section 2-33(f) and (g) of the City Code, the agenda and the material for each item on the agenda for this virtual meeting was published and made available to the Mayor, members of the City Commission and to the public at least five full business days in advance of the meeting. The material for each item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day at miamigov.com. Any person may be heard by the City Commission through the Chair and upon registering pursuant to the published notice for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. Since this is a virtual meeting, it is authorized by the Governor of the state of Florida, members of the public wishing to address the body may do so by visiting miamigov.comlvirtualmeeting to upload their video comments or to submit their written comments via the online comment form. Members of the public may also call 305-250- 5353 to provide comments via the dedicated City of Miami public comment voicemail. Members of the public may also pre -register to provide live public comment by phone during the meeting. You may pre -register by calling 305-250-5350 or online at miamigov.comlgovernmentllive- public-governmentcomment. All comments submitted will be included as part of the public record for this virtual meeting, and will be considered by the City Commission prior to any action taken. The City will accommodate any speakers desiring to appear in person subject to all applicable emergency measures in place to prevent the further spread of COVID-19. City of Miami Page I Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Speakers who appear in person will be subject to screening for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall. All interested parties are required to abide by all State, County and local emergency orders, and are urged to remain at home and practice social distancing. 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. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. When the City Commission takes action or votes on any proposition before it, it shall do so by roll call vote, which shall be recorded by the Clerk and included in the record. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at miamigov.com. Please silence all cell phones and other noisemaking devices. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notes the City Clerk. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. The City of Miami is using Zoom to hold its May 28, 2020 virtual regular City Commission meeting. Zoom is a cloud platform for video and audioconferencing, collaboration, chat and webinars across mobile devices, desktops, telephones and room systems. In order to ensure that the public has the ability to view the meeting, the City's Communications Department will broadcast this meeting through all the usual channels and avenues that are provided when a City Commission meeting is held fully in Commission chambers at City Hall. The meeting can be viewed live on Miami TV at miamigov.comltv, through the City's Facebook page, on the City's Periscope channel, on the City's YouTube channel and on Comcast Channel 77. The broadcast will also have closed captioning. Additionally, the City has not selected a virtual platform that requires the public to purchase or download any additional software or equipment to watch this meeting. Aside from the Zoom platform and that the participants will be appearing remotely, the public will have no discernable difference in the ability to watch the meeting. The City has developed several new methods of ensuring public comment for a virtual meeting. The first method is allowing the public to provide public comments via the dedicated City of Miami public comment voicemail by calling 305-250-5353, where individuals will be able to leave a two -minute message that will be played during the virtual Commission meeting. The second option allows for the public to submit a two -minute video to be played during the virtual Commission meeting. The third option allows the public to submit comments via the City's online comment forum. The comments submitted through the comment forum have been distributed to the elected officials and City Administration throughout the day so that the elected official can consider the comments prior to taking any action. Additionally, the online comment forum will remain open during the meeting to accept comments and distribute to the elected officials up until the time the Chairman closes the public comment. The fourth option allows the public to pre -register to provide live public comment by phone during the virtual Commission meeting. For all of these options, all the comments received will be included in the public record of the meeting. The City has also created a simple set of instructions explaining how the public may submit their comments with either option. Those instructions were provided to the notice -- sorry, were provided in the notice to the public and published online at miamigov.comlvirtualmeeting. Additionally, like any other City Commission meeting, the public may provide public comment at City Hall. The City has set up a terminal in the event members of the public travel to City Hall to provide public comment. Due to COVID-19, all speakers desiring to appear in person will be subject to all applicable emergency measures in place to prevent the further spread of COVID-19. Speakers who appear in person will be subject to screening for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall, but will be able to participate through the remote options described earlier. These five public comment options established and provided for, for this virtual City Commission meeting comply with Section 286.014 and Section 120.54 Florida Statutes. The City has published an agenda, as well as included in the notice to the public, pursuant to our City Code, and the items and topics that will be discussed at the virtual City Commission meeting. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting via the public comment voicemail, online City of Miami Page 2 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 public comment forum, public comment video upload, and live public comment by phone. Section 286.014(4)(c) of Florida Statutes authorizes the City to prescribe procedures or forms for an individual to use in order to inform the board or Commission of a desire to be heard, to indicate his or her support, opposition or neutrality on a proposition. The City, through its five public comment options, has provided five different procedures and forums to indicate among other things an individual's support, opposition or neutrality on the items and topics to be discussed at the virtual Commission meeting. The City has provided information on how to submit its comments in the notice to the public on the City's webpage and via the City's social media channels. Commissioners, please confirm you are comfortable with the notice provisions as set forth in these uniform rules and procedures which we have established for this virtual meeting. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: I am. Mr. Min: Thank you. [Later... ] Chair Hardemon: Is there a motion regarding the public hearing items? Vice Chair Russell: Mr. Chairman, did we do the motion -- the order of the day with any deferrals and --? Chair Hardemon: Oh, I'm sorry. We didn't do the order of the day. You are correct. Is there - - are there any Commission -- well, first of all, Mr. Manager, do you have any items? It's a short agenda, but I guess it made me forget about it. Are there any items that you wish to defer or withdraw? Arthur Noriega (City Manager): There are. Good morning, Mr. Chairman, Mr. Vice Chair, Commissioners, Madam City Attorney and Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: On the regular agenda, to be indefinitely deferred, PH.], which is the bid waiver for Shake -A -Leg. And also to be deferred, DL 1, which is a discussion item on the Olympia Theater. On the PZ (Planning and Zoning) items, to be deferred to June 25, PZ.1, which is the zoning text for a table of mixed -income housing. Todd B. Hannon (City Clerk): Mr. Manager, my apologies. Chair, my apologies. DL I is to be deferred to what date? Mr. Noriega: June 25. Mr. Hannon: June 25. Understood. Thank you. Chair Hardemon: So that's PH.1, DI.1 and PZ.1, correct? Commissioner Reyes: Yeah. Mr. Noriega: PH.1, DI.1 and PZ.1. Commissioner Reyes: Mr. Chair. Chair Hardemon: Are there any other items? Commissioner Reyes: Yeah, Mr. Chair -- and I will ask the sponsor, Commissioner Russell, SR.1, I had received a lot of questions, because I think that there is a lot of confusion there. City of Miami Page 3 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Many people believe that they have to do it -- start doing it right now. I understand, and I'll continue to cosponsor this item. But just -- I mean, for the -- giving the benefit to many people that are concerned, particularly people that are around the river, and our residents that they are -- they think that they are going to -- they will have to incur a substantial amount of money in -- I mean, redoing now their walls. I would like -- maybe we can give them another meeting and give them -- trying to keep -- I mean, trying to clam what is -- what really this entails and how this is not going to affect them immediately unless they're going to do a build -- I mean, they're going to build or they are -- their wall is too low, and they are also flooding their neighbors. So I will respectfully ask from the sponsor, Commissioner Russell, if we can just defer this to another meeting, because I don't think it's going to hurt in order to make it more palatable -- I mean, try to clam really clam what is the intent and what are the consequences, that they are not as extreme as many people believe. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized, sir. Vice Chair Russell: Thank you, Commissioner Reyes. I'm certainly open to deferring this. Would you prefer the 11 th or the 25th of June? How much time do we need? Commissioner Reyes: Let's do it 25th so we can address every single question. Vice Chair Russell: Agreed. Commissioner Reyes: Okay. Mr. Noriega: Commissioner Russell -- if I may, Mr. Chair. We would like to, with your assistance, also meet with a few of the homeowners' associations, as well, during that period of time to provide for some education and some feedback. So, yeah, the June 25 meeting would be probably a little more amenable just to give us some time for -- to have some meeting. Vice Chair Russell: Agreed. Mr. Noriega: Thank you. Chair Hardemon: Are there any other items? Commissioner Diaz de la Portilla: Mr. Chair. Chair Hardemon: Yes. Commissioner Diaz de la Portilla: I want to ask the Administration if they've addressed what I'm trying to address on FR.2. Has that been addressed, Mr. Noriega? Mr. Noriega: Yes. It's scheduled for City Commission for approval of the plat on the June 25 meeting. Commissioner Diaz de la Portilla: Okay. Mr. Noriega: The plat has been approved. It's on the schedule for the agenda. Commissioner Diaz de la Portilla: Thank you, Mr. Manager. Then I'd like to withdraw FR.2. Chair Hardemon: Okay. Are there any other items? So is there a motion in accordance with what -- City of Miami Page 4 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Vice Chair Russell: Mr. Chairman. Is -- I didn't hear a reason for deferral of PZ.1 with the attainable housing ordinance. Mr. Manager, you had asked for a deferral of PZ.1. I was just curious if there's a -- if there is further work needed on the legislation or -- Mr. Noriega: I believe so. Victoria Mendez (City Attorney): I believe Francisco Garcia had requested -- Mr. Noriega: Yeah. Ms. Mendez: -- to work a little more with the -- Mr. Noriega: Yeah. Ms. Mendez: -- with everyone. Vice Chair Russell: Got it. Commissioner Reyes: Including me. Through the Chair, including me. I'm still -- I'm having my concerns about the definition of "workforce," and the amount, the 140 percent. As a matter offact -- I don't know ifyou recall -- when Secretary Carson was here, I told him about it, and I mentioned it, and he told me to work with the district -- his -- the district secretary. And I asked her that I wanted to bring that point to her, because according to all the literature that I have seen -- and there is not only me that has a concern with it. It is nationwide with the 140 percent. I mean, it's -- and I would like to have a little more time to work with Francisco about the percentages of what -- a real definition of "workforce housing. " Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized, sir. Vice Chair Russell: Thank you. I mean, we've been -- we have dueling legislation obviously on this issue. There's two versions of a very similar legislation -- Commissioner Reyes: Yes, sir. Vice Chair Russell: -- meant to improve the attainable housing ordinance. I would like us to try to find the compromise we need to come together (INAUDIBLE) -- Commissioner Reyes: Absolutely. Vice Chair Russell: -- on this. Because all of us agree that affordable housing is crucial, and especially as we're going to need a spurring of our economy over the next years. Commissioner Reyes: Yes, sir. Vice Chair Russell: We want to make sure it's steered in the right direction, that we're making the right incentives, that the new development does what we want it to do, and it's part of the solution, not the problem. So the sooner we can come to an agreement -- and at some point, there may be points we simply disagree about, whether it's the percentage ofAMI (Area Median Income). At some point, we just need to put it to a vote amongst us so that we -- Commissioner Reyes: Yes, sir. Vice Chair Russell: -- can move on and get something fixed on this attainable legislation. The other issue than the AMI is also the abutting T3. I have parts of my district that would really benefit from the ability to create a little more affordable density near T3 through an exception City of Miami Page 5 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 process, not open gates for everywhere. It's not appropriate for everywhere. But in some places where we're trying to preserve T3, but we also need some density and we definitely need affordability, it could be appropriate. So I look forward to working together with all of you on this, but I really think we need to have the hard talk and bring it to an agenda relatively soon. Commissioner Reyes: Absolutely. Through the Chair, I am -- I agree with you 100 percent but we have to define the term, "affordability." As one of the previous commentators, the person that was in public comments, and we are in an area that over 70 percent of renters, they are rent -burdened. That means that they are paying more than 30 percent of their income for rent. And if we are going to offer the affordable housing, we have to take into consideration what it is -- what's the income of the population that we are trying to serve. And that's why I want to -- that's my only concern. My only concern is to offer real affordable housing. Thankyou, sir. Chair Hardemon: Is there a motion in accordance with what's been said on the record for our withdrawals and continuances? Commissioner Reyes: Move it. Vice Chair Russell: Second. Chair Hardemon: Moved and seconded. Any discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. Mr. Hannon: I have that motion passing 4-0. PUBLIC COMMENTS FOR ALL ITEMS) 7486 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Cierk PUBLIC FOR THE MAY 28, 2020 VIRTUAL CITY COMMISSION MEETING. F"su`T: PRESENTED Chair Hardemon: Now let's open up the floor for public comments. What we'll do is we'll go to whoever is in City Hall's waiting area first, and then we'll continue on with the rest of the public comment. Hello, sir. You look familiar but -- Manny Prieguez: Good morning. Chair Hardemon: -- you know, I -- with the mustache and the beard, I'm not quite sure exactly who you are. Mr. Prieguez: I'm skinny Saint Nick. Chair Hardemon: You look like you have a friend. Your only friend is a ball with a face on it. Mr. Prieguez: Good morning, Commissioners. Manny Prieguez, at 4000 Malaga Avenue, Miami, Florida 33133. I am here to respectfully ask for the deferral of SR.1. As all of you may remember, I -- my family and I have had our businesses on the Miami River for many, many, many years. And we believe that this item should be deferred. And I'm sorry for the last minute. City of Miami Page 6 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 I'm sorry that I wasn't here for the first reading. It, quite frankly, fell through the cracks for me, but we caught it yesterday, quite frankly. I think that the City might be underappreciating or underestimating the associated costs to property owners of the impact that this could have, this negative economic impact that it could have on them. And I think that the City has to delve a little bit more into that aspect of SR. I. This raises to the level of what in Tallahassee is commonly referred to as an unfunded mandate. You know, you're going to mandate this activity, you're going to mandate these new regulations, and everybody's going to have to pay a lot of money in order to come into accordance with this, and I think that has to be studied a little bit more. The last point that I want to make is that I believe that the cause is a noble cause, and I know this for a fact. I grew up on the Miami River. I remember when Jose Marti Park wasn't there. I was a little boy and I remember when it was not there. It never flooded, it never flooded, okay? What I see today at Jose Marti Park during king tide, I've never seen in my entire life. So the cause is a noble cause. However, it's very, very important to keep in mind that at low tide, businesses need to have access to their waterfront land. And my huge worry is, is that the size of the seawall that's being contemplated here is such that at low tide it will be extremely dcult to be able to get to your property from the water. So I put those remarks for the record. I appreciate the time. I respectfully ask for a deferral so we could have maybe a little bit more input from the different stakeholders, especially on the Miami River. And again, I appreciate your time, Mr. Chairman and Commission. Thank you very much. Chair Hardemon: Thank you, sir. [Later... ] Chair Hardemon: Let's continue on with our public comment. Manuel Otero (Web Administrator, Innovation and Technology): Phone Operator 1, you're live. Phone Operator 1, you're live. Michael March: Yes, good morning. My name is Michael March. I live at 3543 Plaza Street, in the West Coconut Grove. I'm here this morning asking for a deferral on Item PZJ. This concerns the bonuses that are offered to developers that offer the affordable housing. It gives them bonuses of FLR, floor to lot ratio, and also density bonuses. It will allow these developments to be located next to T3 neighborhoods, such as mine. And I believe that this item should not be voted on during a quarantine meeting. We need more easily public participation on this important item. I live in a T3 neighborhood, which is in a transit -oriented development. I'm a quarter mile within a transit corridor, meaning the Metrorail. And so, I believe that this represents greed on the part of developers and an intrusion into single-family neighborhoods, such as mine, which is T3-R. So I would -- I'm against this item being passed, especially during a quarantine meeting. So please vote to defer this item. Thank you, and have a good day. Mr. Otero: Okay. We will now go to recorded public comments. Elvis Cruz: Hello, Commissioners. Elvis Cruz, 631 Northeast 57th Street. I'm speaking on two items. The first is SR.], the seawall ordinance. Rather than apply a one -size -fits -all, across- the-board height for seawalls and berms, you may want to include some leeway for certain properties. There are 21 waterfront City -owned properties; most of them are public parks. And installing a six-foot NASD (National Association of Builders and Developers) waterfront barrier would harm the public's enjoyment of some parks, including the view and possibly recreational space. City parks should be reviewed on a case by case basis. They could have lower seawalls installed with the capability to be added onto over time, if needed, as the proposed law already requires for six-foot seawalls. So, in summary, on SR. 1, please consider an amendment allowing variances for City parks, so you don't paint yourselves into a corner. As for PZ.1, which would potentially allow affordable housing abutting T3, I urge you to please withdraw or vote down that item. That item would cause problems for our T3 neighborhoods. This has been discussed many times at Commission and at meetings. You all know how angry your constituents get when they cannot park in front of their house, like they have been doing City of Miami Page 7 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 for decades, because of spillover parking from a development that doesn't have enough on -site parking. In summary, on PZ.1, please withdraw or vote down PZ.1. Thank you. Have a great day. Please stay safe and sane. Thankyou. Bye. Adam McDuffy: My name's Adam McDuffy, from Northwest 61st Street, in Miami. It is now the rainy season. It is normal throughout the city to see streets being flooded. But what is not normal is actually seeing people walking and driving through street -- garbage -infested water. There are garbage in almost every corner that has not been picked up for weeks now, and people have to walk and drive through it. Besides the COVID, now imagine what other diseases or virus they going to walk or wash into their house. Robert Behar: Good afternoon. Robert Behar, Bercow Radell Fernandez and Larkin Tapanes, 200 South Biscayne Boulevard. I'm calling on behalf of item EM.1, the ordinance for tolling and suspension of deadlines. My question is: Does this apply to building permits? And also, what is the method of approving and confirming and enforcing the tolling for the holders of the approval or waiver, whatever the development approval may be? Again, to confirm the position and to enforce the tolling as the holder. And also, does this apply to building permits? Thank you. Have great day. Janet McAliley: My name is Janet McAliley. I live at 3 Grove Isle Drive. And I'm calling because I have grave concerns about the jeopardy that the developer has placed the Grove Isle community, especially Building 3, where I live, because of his construction and violation of City procedures regarding safety of life. The bridge is desperately in need of repair, and this was supposed to be addressed by the developer before they started bringing heavy equipment, and trucks loaded with a lot of debris over that bridge. I'm 86. I am in reasonable health, but if that bridge goes out, it's going to be terrible for this whole community here. The City has been lax in checking on permits for some of those things that the developer has been doing, and I'm urging the Mayor and the City Commissioners to please address the safety issues relative to the construction that is going on here, the failure to repair the bridge and the failure after almost three years to restore the seawall by the developer's property. And it has been washed out for almost three years now. So please, Commissioners, help us, and maintain some level of safety at Grove Isle. Stacy Solvain: Hello. My name is Stacy Solvain, born and raised in Miami, Florida, specifically in the community of Little Haiti. Little Haiti, a community that holds the name of a country, a country of strength, a country of resilience, a country of beauty. My question is, what are elected officials doing to work with residents in order to combat illegal dumping, to clean the streets, but most importantly, to sustain the beauty of this community? Amidst this coronavirus, it is imperative now more than ever before to clean up Little Haiti, not just for the environment, but for the dear residents, such as my family, friends, loved ones, and so many others who call this place home. Alex Sandablour: My name is Alex Sandablour. I reside at the Wind Condominium in the riverfront community at 350 South Miami Avenue. I'm calling today because I want to express my absolute disappointment into the waste of money and waste of space that are the people in charge of solving the homeless situation in downtown Miami; those same people who allow all of these poor souls to live in conditions that are not worthy of even a third -world country, while being fed, doing drugs, defecating on the street, leaving their trash all over the place. I have lived in this community for seven years. I now have a ten -month -old child. I pay my taxes. I pay my property maintenance. I pay my property taxes. I am a model citizen who cannot even leave his home without stepping over mattresses, trash, syringes, and I have proof of all of it. So unless someone wants to start actually doing something to make a difference, I will take this to Tucker Carlson on Fox News, or somebody else who is willing to put your failures public, because you are useless. So whomever is listening to this message, I hope understand that whatever you have been doing has done nothing. The situation is worse than it's ever been, and it's on your hands. So fix it, you loser. Thank you. City of Miami Page 8 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Sabrina Velarde: Good morning, Commissioners. This is (INAUDIBLE) Sabrina Velarde. I am speaking on behalf of Miami Homes for All in support of Item PZ.1. We are located at 1951 Northwest 7th Avenue, Suite 600, Miami, Florida 33136. Thank you, Commissioners, for considering this item today. As we all know, Miami is in the midst of an affordable housing crisis. This crisis has only been exacerbated by the COVID-19 pandemic. Prior to shutting down, we knew that half of all households in the City of Miami were earning $35,000 or less a year. Of those households, 70 percent were cost -burdened and struggling just to make ends meet. So many families in Miami were just one emergency room visit, a car breakdown, or a lost paycheck away from homelessness. Since then, those numbers have only increased. Item PZ.1 creates more opportunities to develop affordable mixed -income housing that we desperately need, without concentrating poverty. The fact that these incentives are by exception means that the City Commission will have plenty of oversight and public input for each exception application. Moreover, the incorporation of market rate units means developers can afford to include units targeting lower income households where the need is significantly higher. In a city where 70 percent of our households are renters, most of whom are cost - burdened, we must support policies that create opportunities for housing that is affordable to our community. When a family is able to pay their housing expenses stress free and has enough money for savings, you have the makings of a resilient community, able to thrive. The data continues to show us that our crisis is only getting worse. This pandemic has caused record job loss and housing insecurity. We need to do everything we canto implement policies that will create housing options for all income levels and prevent homelessness in the City of Miami. Thank you. Herb Conde Parlato: Hello. My name is Herb Conde Parlato, and I live at 730 Northeast 81st Street. I recently reached out to the Upper Eastside Police Commander and the NET (Neighborhood Enhancement Team) office seeking assistance on slowing the speeding cars that fly through my neighborhood. On a daily basis, cars constantly disrespect our community and the law by speeding from Biscayne to Northeast IOth Avenue, and vice versa. They fly over the ineffective speed humps and disregard the stop signs. Our neighborhood is full of kids and pets that are at risk to these speeders. During rush hour and other times of the day, when traffic is backed up on Northeast 82nd Street, traffic tends to self -detour through our neighborhood streets, and most times runs through the one-way road east of 7th Avenue towards Biscayne. Our residential street also -- has also been utilized as a detour when Northeast 79th Street closes, backing up cars and buses from Biscayne to IOth Avenue en route to the Beach, often blocking our driveways. My neighbors and I have had enough with this public safety issue, and have resorted to yelling at the cars to slow down, and this is often met with obscenities hurled by the offenders. Someone is going to get hurt or killed by these cars. We are not a thoroughfare. 79th and 82nd Streets serve as the east -west connectors. There needs to be solutions to curb the speeding. There's a stop sign at Northeast 7th Avenue at 81st Street that should be converted to a four-way stop, much like the one located at Northeast 8th Avenue and 81st Street. The speed humps on Northeast 81st Street should also be resurfaced and raised. I don't claim to be a traffic expert, but there needs to be a way to slow down the cars; whether it be by my suggestions, additional police presence, or a traffic study. We've had enough of the disrespect from drivers towards our neighborhoods. We need solutions and action. The NET Office Administrator has recently reached out and informed me that the police commander is working to address these issues. I would appreciate for City staff to provide me with an update on efforts to help support my community by slowing down the cars. Thank you very much. Sonia Perez: (COMMENTS MADE IN SPANISH). Mariana Campos: Good morning. I'm the Spanish interpreter. Good morning. My name is Sonia Montilla Perez. I live in Grove Isle, Apartment 710, Building 3. My husband is a pancreatic cancer survivor and lung cancer survivor. We're both over 70 years old. We moved from Fisher Island to Grove Isle four years ago to be closer to hospitals and doctors while still maintaining the concept of living in a charming island. We never imagined that Grove Isle would become what it's becoming. I'm very worried about all the earth moving and population density in such a small space. This could affect the building foundations, especially the ones in City of Miami Page 9 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Building 3. If this were to happen, would the City take responsibility for these charges? The bridge, which is the only entrance to the island, is full of trucks that are now therefor a long time. This could be our cause of death or the cause of death of some of our neighbors in case we would need to be taken to the hospital with an emergency. Please, Commissioners, do something now in order to stop this other pandemic that has fallen upon our little island. Verb the codes and permits before this takes an even more dangerous turn. Thank you. My number is 305-962-6851. In case you want to get in contact with me, I'll be available. Thank you very much. And we would appreciate it very much. Thank you. Mr. Otero: That was the end ofpublic comments. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes, sir. Vice Chair Russell: Just a brief comment because I noticed there were some public comments about an item that's not on the agenda with regard to Grove Isle. I would just like to ask the Manager if I can get a briefing from the departments -- not from Legal -- but from the departments regarding all the steps required for the building to get its permits, from demolition to access of the bridge, and just make sure that we've, as a city, have gone through all the correct steps, that nothing's been skipped. I understand there is -- most litigation has been settled, but there is still some pending litigation within some residents. I just want to make sure that we, as a city, are doing all of the steps we need to do correctly. Arthur Noriega (City Manager): We will certainly meet with you offline. Vice Chair Russell: Thank you. Commissioner Reyes: And if I may ask, I also have received some comments from people that are very concerned about it. I would like to share the information that Commissioner Russell is going to receive. I would like to analyze it myself, too. That when you -- Victoria Mendez (City Attorney): Manager, if we could set up briefings with the Commissioners on -- together. Mr. Noriega: Absolutely. Ms. Mendez: Thank you. Commissioner Reyes: Okay. Chair Hardemon: One of the comments that was made on the record is in regard to the bulk pickup. We've talked about this before -- Commissioner Reyes: Yes. Chair Hardemon: -- about habits in the community as far as trash being dumped, but also regarding our weekly bulk pickup. And I know that during this crisis, we had suspended our weekly bulk pickup and went to a less -- a system that called for less pickups, that were a bit more sporadic. I think -- it's my opinion it's about that time for us to begin reinstituting our weekly bulkpickup, because it is becoming a bit more damaging to the community, and the sight -- and like what we're looking at (INAUDIBLE), because now, especially with the rainy season, the trash is being moved, wind's being blown; and so it's everywhere. And people don't know exactly when they should put it out, because you don't know when it's going to be picked up. Commissioner Reyes: Mr. Chair, ifI may. City of Miami Page 10 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Chair Hardemon: Please. Commissioner Reyes: Yes, I do agree with you 100 percent. And as a matter of fact, I had noticed that in my district that I will say there probably is the broken window syndrome is happening, because I have seen areas that they didn't have so much trash before, and they have a lot of trash. And some of them, you can clearly see that they are not -- they don't belong from this neighborhood. And my neighborhood is looking totally -- I mean, it's like a disaster area, because there is a lot of trash going on, and piling and piling and piling up. And I will strongly recommend that we start our regular weekly pickup; that way, the people know when to bring it out, and we can identify those pile of trash, that they are illegal dumping, and try to catch whoever is committing that illegal dumping. Chair Hardemon: Yeah, because, Commissioner Reyes, I think that's what adds to the dculty of this. Now before, if you were putting your trash out on a Sunday, you knew that you were doing it lawful. You know if you were doing it on a Saturday, you did it too early. So now, if you did it on a Monday or a Tuesday or Wednesday or Thursday, you really don't know. Commissioner Reyes: Absolutely. Chair Hardemon: You don't know exactly when it's going to be picked up. And so, it's a bit problematic, and it's beginning to show how bad of a policy I think that it is, even though it was in response to the COVID-19 crisis. Commissioner Reyes: That's right. We should go to our regular pickup as soon as we can. Mr. Noriega: We'll certainly look into that. Commissioner Reyes: Okay. Chair Hardemon: Alright. So can you tell -- I mean, looking into it and actually doing it is two different things. And so -- Mr. Noriega: Well, the reason I say, "look into it, " Commissioner, is because we've modified schedules and redeployed personnel as a result of the -- I'll call it the distribution of employees. So what I mean by "look into it, " I'll look into how quickly we can remobilize the weekly pickup, and send that information out to you, if that's your desire. I don't want to commit to doing it, you know, beginning, you know, this week without understanding where we are in terms of personnel. So I just -- that's all I'm asking for, is an opportunity to reassess our schedule so that I can give you an actual timeline for when we'll redeploy the weekly bulk pickup. Chair Hardemon: Okay, because by the next meeting we should -- we want to know exactly when this should be reinstituted, because every week that there's no pickup becomes more troublesome for each of our neighborhoods. Mr. Noriega: Oh, no. It won't last until next meeting. I'll get you information in the next couple of days. It doesn't have to wait until a full report. I'll send you the information in a few days. Chair Hardemon: Okay. Thank you very much, sir. PART A - NON -PLANNING AND ZONING ITEM(S) City of Miami Page 11 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Planning and Zoning - Jan 23, 2020 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Re ABSENT: Carollo Chair Hardemon: And then what I'd like to do then is have a motion to approve the meeting minutes, AM.1 and AM.2. Commissioner Reyes: Move it. Chair Hardemon: It's properly been moved; seconded by the Chair. Is there any discussion on it? Seeing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. AM.2 City Commission - City Commission Meeting - Feb 13, 2020 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item AM.2, please see item AM.]. MV - MAYORAL VETO(ES) NO MAYORAL VETOES (Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the City Clerk as the first substantive item(s) for City Commission consideration.) Chair Hardemon: Are there any mayoral vetoes, Mr. Clerk? Nicole Ewan (Assistant City Clerk): Chair, there are no mayoral vetoes. Chair Hardemon: Mr. Mayor, would you like to be recognized? Mayor Suarez: Thank you, Mr. Chair. I'm good for today. Chair Hardemon: Okay. END OF MAYORAL VETO(ES) City of Miami Page 12 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo CA.1 RESOLUTION 7374 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY Department of MANAGER TO ACCEPT TEN (10) RIGHT-OF-WAY DEEDS OF Resilience and DEDICATION, AS MORE PARTICULARLY DESCRIBED IN Public Works EXHIBIT "A", ATTACHED AND INCORPORATED ("DEEDS"), FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN COPIES OF THE DEEDS. ENACTMENT NUMBER: R-20-0159 This matter was ADOPTED on the Consent Agenda. Chair Hardemon: Is there a motion on the CA (Consent Agenda) agenda? Commissioner Reyes: Move it. Chair Hardemon: Seconded by the Chair. Any discussion? Hearing none, all in favor, sav "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. END OF CONSENT AGENDA City ofMiami Page 13 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 PH - PUBLIC HEARINGS PHA RESOLUTION 6684 MAY BE WITHDRAWN Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Mayor ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS, ATTACHED AND INCORPORATED AS COMPOSITE EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), FOR THE PROVISION OF THE SERVICES AS DESCRIBED BELOW; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY'S DEPARTMENT OF PARKS AND RECREATION AND DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT, AS MORE SPECIFICALLY DETAILED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED, THAT SHAKE -A -LEG MIAMI, INC. A FEDERAL NOT -FOR -PROFIT CORPORATION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE AND A FLORIDA NOT -FOR -PROFIT CORPORATION ("SHAKE -A -LEG"), IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE INSTRUCTION, PROGRAMS, RECREATIONAL, AND LEARNING OPPORTUNITIES INVOLVING SAILING, NAVIGATION REGULATIONS, WATER SAFETY, AND OTHER ALLIED SUBJECTS TO PERSONS WITH DISABILITIES, YOUTH GROUPS, AND THE GENERAL PUBLIC AND PROGRAM MANAGEMENT, FAMILY EVENTS, CULTURAL, EDUCATIONAL, AND RECREATIONAL ACTIVITIES (COLLECTIVELY, "SERVICES") AT THE CITY'S WATERFRONT RECREATION CENTER AND PARK PORTION OF THE VIRRICK GYM ADMINISTRATION BUILDING AND HANGAR BUILDING AT THE CITY -OWNED PROPERTY LOCATED AT 2600 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA AND A PORTION OF THE DINNER KEY PICNIC ISLANDS AND SUBMERGED LANDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PARKS AND RECREATION SERVICES IRS SAFE HARBOR MANAGEMENT AGREEMENT FOR ONGOING COMPLIANCE WITH PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED ("IRS CODE"), AND CERTAIN UNITED STATES TREASURY REGULATIONS PROMULGATED THEREUNDER ("U.S. TREASURY REGULATIONS"), IN A FORM ACCEPTABLE City ofMiami Page 14 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 TO THE CITY ATTORNEY AND BOND COUNSEL, WITH SHAKE -A -LEG TO CONTINUE THE SERVICES AND MANAGEMENT FOR A CONTRACT PERIOD NOT TO EXCEED FIVE (5) YEARS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, SUCH FURTHER AMENDMENTS, ALTERATIONS, VARIATIONS, MODIFICATIONS, OR WAIVERS THAT DO NOT EXCEED THE AMOUNT PAYABLE AND DO NOT CHANGE THE LENGTH OF THE EFFECTIVE TERM WITH RENEWALS IN ORDER TO COMPLY WITH IRS CODE, U.S. TREASURY REGULATIONS, U.S. DEPARTMENT OF INTERIOR REQUIREMENTS, AND STATE OF FLORIDA SUBMERGED LANDS LEASE PROVISIONS. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record. For minutes referencing Item PH.], please see "Order of the Day. " Citv ofMiami Page 15 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 PH.2 RESOLUTION 7443 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Reai ATTACHMENT(S) ,PURSUANT TO CITY OF MIAMI CHARTER Estate and Asset ("CHARTER") SECTION 29-B(C), AUTHORIZING THE CITY Management MANAGER TO EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO MIAMI-DADE WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ("WASD"), FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY TWO HUNDRED FIFTY-ONE (251) SQUARE FEET OF CITY OF MIAMI ("CITY") OWNED PROPERTY KNOWN AS THE GROVE BAY PARKING GARAGE, IDENTIFIED AS FOLIO NUMBER 01-4122-002-0010, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE EASEMENT, FOR WASD TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE, AND INSPECT WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL APPURTENANCES THERETO, INCLUDING BUT NOT LIMITED TO, FIRE HYDRANTS, SEWAGE TRANSMISSION AND COLLECTION FACILITIES, AND ALL APPURTENANT EQUIPMENT, WHICH RIGHT, PRIVILEGE, AND EASEMENT SHALL INCLUDE THE RIGHT TO REMOVE OR DEMOLISH, AS MAY BE NECESSARY TO CARRY OUT ANY RIGHT GRANTED THEREIN, WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT; CONTAINING A REVERTER PROVISION IF THE EASEMENT IS ABANDONED OR DISCONTINUED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID EASEMENT. ENACTMENT NUMBER: R-20-0160 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Chair Hardemon: So PH 2, is there a motion on PH 2? Commissioner Reyes: PH. 2, PH. 2, PH. 2. Hold onasecond, sir. Chair Hardemon: Easement for Grove Bay parking garage. Commissioner Reyes: Move it. Vice Chair Russell: Second it. Chair Hardemon: It's been properly moved and seconded that we approve this item. Any discussion on the item? Hearing none, all say "aye. " Citv of Miami Page 16 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Todd B. Hannon (City Clerk): Chair, for the record, that'll be 4-0. Chair Hardemon: That is correct. Commissioner Reyes: Yes. Chair Hardemon: The -- Mr. Hannon: My apologies. Commissioner Diaz de la Portilla, you were a 'yes" on PH.2, correct? Commissioner Diaz de la Portilla: Yes, correct. Mr. Hannon: Okay, -just want it to be confirmed. Thank you, sir. END OF PUBLIC HEARINGS City of Miami Page 17 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 RE - RESOLUTIONS REA RESOLUTION 7371 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), DE -APPROPRIATING, RE -APPROPRIATING, Management and ADJUSTING, AND AMENDING TRANSFERS -IN, TRANSFERS - Budget OUT, FUNDING ROLL-OVERS, AND APPROPRIATIONS RELATING TO THE GENERAL FUND, DEBT SERVICE FUND, AND SPECIAL REVENUE FUNDS FOR THE CITY OF MIAMI ("CITY") 2019-20 FISCAL YEAR ADOPTED OPERATING BUDGET PURSUANT TO ORDINANCE NO. 13861 ADOPTED SEPTEMBER 26, 2019; AUTHORIZING THE CITY MANAGER TO ACCEPT, NEGOTIATE AND EXECUTE GRANT AND FUNDING AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN CONNECTION WITH (A) INCOMING GRANTS AND APPROPRIATIONS TO THE CITY FROM VARIOUS FUNDING SOURCES, AND (B) CERTAIN CITY GRANTS OUTGOING TO COMMUNITY SERVICES PARTNERS BUDGETED IN THE NON - DEPARTMENTAL ACCOUNT SCHEDULE AND THE TRANSFERS - OUT SCHEDULE; AUTHORIZING THE CREATION OF THE PENSION STABILIZATION FUND FOR THE CITY'S FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST AND AUTHORIZING THE GOVERNANCE THEREOF ALL IN ACCORDANCE CHAPTER 40 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED ("CITY CODE"), RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, CREATE NECESSARY SPECIAL REVENUE FUND ACCOUNTS, AND UNDERTAKE PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS IN PROGRESS, ALL IN ACCORDANCE WITH CHAPTER 18 OF THE CITY CODE REGARDING FINANCIAL PRINCIPLES, THE ANTI -DEFICIENCY ACT, AND THE FINANCIAL INTEGRITY PRINCIPLES; AND PROVIDING FOR APPLICABLE EFFECTIVE DATES. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record. Item RE.] was deferred to the June 11, 2020, City Commission Meeting. Chair Hardemon: So now we have -- Is there a motion to approve the PH (Public Hearing), RE (Resolution) and the EM (Emergency) agenda? Unidentified Speaker: PH Chair Hardemon: Which is PH.2, the RE agenda -- City of Miami Page 18 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Victoria Mendez (City Attorney): Chairman, I believe for the RE.1 and 2, there is either a substitution or amendment to have to be made on the floor. I'm not sure how that has come in. Chair Hardemon: Mr. Manager, are there any amendments to RE I, 2 or any substitutions? Arthur Noriega (City Manager): I don't believe so. Chris, is there amendments to them? Christopher Rose (Director, Office of Management and Budget): Good morning, Commissioners. There are some -- Commissioners, there are some amendments that the Law Department has requested. They are -- a little clarification on some things, but there are no substantive changes that need to be read into the record. Commissioner Reyes: Mr. Chair. Chair Hardemon: You're recognized, sir. Commissioner Reyes: Yes, sir. And I have on -- I think it's line 33 of the budget -- I have a question. And this question have to do with allocation of $974, 000 for public safety. As I do understand, we are purchasing BMW motorcycles last time -- and I mean, we are terminating our deal with Harley-Davidson. I'm not a cyclist and I don't know anybody in Harley-Davidson, but Harley-Davidson is an institution, and I don't see why now in this time that we have to spend $974, 000, close to a million dollars on new motorcycles. This one -- they are also a foreign made motorcycle. And I'm questioning the need of these motorcycles at this time, and also why are we divorcing ourselves from a motorcycle that it has been -- all the time has been part of the -- I mean, police force and motorcyclist force (UNINTELLIGIBLE), and always did? The Harley is just like a symbol of our traffic enforcers. Chair Hardemon: I don't know if that's a question that can be answered by our Budget Director or that's something that -- Commissioner Reyes: Or the Police. I'm not in favor of this and I don't see the need. Personally, I don't see the need for it and I will have to have a very convincing argument for me to vote in favor that we -- at this time we need to spend a million dollars buying BMW motorcycles. Mr. Noriega: Chris, why don't you address it and -- as it was explained to you. If we need to get the Police Chief on, we certainly can. Commissioner Reyes: You see -- Mr. Noriega: Describe the switch from Harley to BMW a little better too. Commissioner Reyes: And I also have a suggestion. You see, yesterday I had a lot of problems with flooding, and there was also -- it was obvious, and it was proven that we need more equipment. We are not prepared for any heavy flooding. And I suggest that instead of using this for this motorcycles that we don't need now, we just use this money in Public Works so we get ready for any other -- I mean, for our hurricanes or I mean, buy equipment to be ready for any flooding or hurricanes that come here and we will protect our residents a little bit more. Mr. Noriega: Chris. Chair Hardemon: Well, Commissioner Diaz de la Portilla, before we go to Chris. City of Miami Page 19 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Commissioner Diaz de la Portilla: Okay. This is our midyear budget reallocation. Is that correct, Chris? Mr. Rose: Yes, sir, it is; through the Chair. Commissioner Diaz de la Portilla: Okay, so what I think we should do -- because I'm getting some Tallahassee flashbacks and they're not good right now; that these things are done last minute, and thrown on top of -- in front of us and we haven't had a chance to review these allocations. So I think it's appropriate for the public's sake and for our sake to go through all these reallocations, and the reasons why we're doing them. I have a number of concerns (INAUDIBLE) since yesterday. I just got a memo at 9:42 this morning, outlining some of the budgetary shortfalls for this year due to COVID --or projected budgetary shortfalls. I would like to know the reasoning behind some of these reallocations, not just a blanket, let's remove it and vote it out. And I think the public is also entitled to hear what we're doing with their dollars in detail. So I would like Mr. Rose to go through the budget reallocations that he's done in this midyear re -budgeting that we're doing today. Mr. Rose: I'd be happy to, through the Chair. Chair Hardemon: Yes. Mr. Rose: So good morning, Commissioners. My name is Chris Rose. I'm the Budget Director for the City of Miami. Item RE.1 is the midyear budget amendment, and it is the operating amendment. RE2 is the midyear capital amendment. There are several things that are happening in these two items, and they are companion items to each other. RE.1, the operating budget amendment, what is recommended is, first of all, first and foremost, we are reducing the budgets of the departments by $10.8 million. This is to adjust to the changing revenue picture that the City is facing right now in relation to COVID-19. Commissioner Diaz de la Portilla: That reduction of 10.8 million of the departments, can you be more specific which departments and how much is being reduced from each department? Mr. Rose: Yes, sir. Commissioner Diaz de la Portilla: Do you get to do that for us, so I don't have to interrupt you every 30 seconds? Are you going to be specific in what departments, which (INAUDIBLE), what functions, how these reallocations came about, what kind of input the stakeholders had in this process? Mr. Rose: Yes, sir. Commissioner Diaz de la Portilla: Was that done by you and your oice alone or with your City Manager or --? Because I haven't been involved in any of these reallocations. It's my first midyear -- my first, you know, midyear budget (INAUDIBLE). Tallahassee. We do have those last-minute amendments. As you know, Chris, because you're -- you also come from the Tallahassee world, and you know how frustrating that was to a lot of us Senators and Representatives that these things were done last minute (INAUDIBLE) and monies were shifted in the millions without really a lot of public input, and the stakeholders were often left out of those conversations. I had the luck, I guess, of being involved in many of the leadership meetings, so I understood what was happening. A lot of the other members that weren't involved in those meetings were clueless as to what was happening in their communities. And this area, obviously, a much smaller world now, but our districts are impacted by these changes and by these reallocations, and by these reallocations, City of Miami Page 20 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 and these shifts in dollars. And I think it's important that we know in detail what those shifts in dollars are and where we're cutting, and if we're really cutting where we need to cut or are we cutting some of the waste, maybe -- have we addressed salaries? Have we addressed some -- you know -- fat in this budget as you reallocate during these difficult economic times as one of the many things. So I wanted you to go in detail and tell me what you've done with (INAUDIBLE) and why you've done it. Mr. Rose: Yes, sir. So what you have before you in RE.1 has three attachments at the back of it. Attachment A is the one that adjusts the departmental budgets and you can see that it adjusts each department budget. It has each of the adjustments that are outlined in the memo at the front of the item. So I'm not sure (INAUDIBLE) but the process (INAUDIBLE) we met with the City Manager and the leadership of the City and we met with the department directors. And the budget, as adopted, was a good budget. As we all know, the world has changed since the budget has been adopted. And so the -- Commissioner Diaz de la Portilla: I'm having difficulty hearing you. I don't know if it's on your end or my end. Are other Commissioners having difficulty hearing Mr. Rose? Commissioner Reyes: Yes, I am. Commissioner Diaz de la Portilla: Okay, so we have some connection interference. So you're coming in and out, Mr. Rose. That's why. Mr. Rose: My apologies. What I'm going to do is I'm going to turn my video off and hope that that improves the connection quality. And if it doesn't -- Victoria Mendez (City Attorney): Chris, you can also call in. Mr. Rose: I will do that, if necessary. And if I may, if the connection remains bad, please just let me know, but I'm going to turn my video off in hopes that it improves. So what you have before you in Item RE.1 is the operating budget amendment. Attachment A actually outlines the changes to the general fund, and you can see each department listed there and the expected revenue loss, as well, that we are addressing. Just like any household or small business, the shelter in place and the actions that we have taken to keep ourselves safe have also come with a revenue reduction. And the memorandum that you received this morning does not change anything in the budget. It just projects what the rest of the fiscal year looks like. It is not attached to RE.1 or RE.2. And you will see very clearly there up in the very first paragraph that the revenues are projected to drop further than they had even a month ago when we were looking at them. So I will direct your attention to Attachment A of RE. 1. It has -- one, two, three, four --five columns on it. And the fourth column is the budget savings column, and it totals the $10.8 million that we talked about. And each department is outlined. There are (INAUDIBLE) budgetary change either up or down. (INAUDIBLE) two that are (INAUDIBLE). Those are the (INAUDIBLE) and the Office of the (INAUDIBLE). Can you all hear me (INAUDIBLE)? Commissioner Diaz de la Portilla: No. Vice Chair Russell: No. Mr. Noriega: Chris, why don't you come to my office? Mr. Rose: Yes, sir. Vice Chair Russell: Mr. Chairman. City of Miami Page 21 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Chair Hardemon: You're recognized, sir. Vice Chair Russell: And Mr. Manager, while Chris is moving over there to talk about how we're cutting expenses, could you also ask perhaps Nick to let us know about how we're looking at finding new funding. In particular, we passed a resolution here seeking assistance from the federal government. And so, I'd like a little update on where things are in Washington, and what we're doing to help encourage passage of legislation that creates aid packages with municipal aid. Arthur Noriega (City Manager): We certainly will. When Chris is done, we'll give you an update. [Later... J Chair Hardemon: Mr. Rose, you're further recognized. Mr. Rose: Thank you, Mr. Chair. And please do let me know if the connection does not improve, and thank you for your indulgence. So what you have before you, RE.], is the operating budget amendment, as recommended by the Administration. There are no amendments to this amendment that have been proffered since it was published in the agenda. So it is going forward as is proffered. What we have, first and foremost, is a reduction in the departments of $10.8 million. That $10.8 million is outlined in Attachment A of RE.1, and there are five columns on that attachment. The fourth column lays out exactly those reductions to departments. There are two departments that are being recommended for increase. Those are the Office of Equal Opportunity and Diversity Programs. That department is a three person department and is unable to absorb adjustments that have been made in some personnel line items there. So the budget was good as passed, but some things have happened since that are requiring us to recommend this to you. The second department is the Fire -Rescue Department. That department is being recommended for an increase for three reasons, actually. The first is for unbudgeted overtime associated with the Super Bowl. It is $405,000 associated with that. It was budgeted in non -departmental, not in the Department of Fire -Rescue. So what we're doing is removing it from non -departmental and suggesting that it go into Fire -Rescue. It is below the amount that we had expected Fire -Rescue to be. We had expected it to be $443, 000 and it is coming in at $405, 000. The second item is $155, 000 for heavy rescue 6, which was the one enhancement of service in the Fire -Rescue Department that we added in the budget. It is just coming in a little more expensive than we expected it to be so we're adjusting that by $155, 000. The final adjustment in Fire -Rescue is $900, 000, which is a payment to AHCA, the Agency for Health Care Administration at the state level. There is a new Medicaid reimbursement program that the Commission actually approved in December, and it requires a budget adjustment on the expenditure side of $900, 000 but it comes with a revenue enhancement back from the State of $2.4 million. So it is a net gain for the City, but we have to go through then exercise of recognizing the expenditure increase in the Fire Department. After that, in addition to reducing departments, as shown in Exhibit A -- Attachment A, we're also defunding six citywide projects that had not begun that were newly funded in the current fiscal year. And we're taking that back exclusively because of savings. It's not because we don't want to do the projects. It's just the world has changed since this budget was adopted. Commissioner Diaz de la Portilla: Which projects are those? Mr. Rose: Certainly. They are Marine Stadium Marina, asphalt repairs, $106, 000; G- 4 garage improvements, $286, 000; unified endpoint management, $250, 000; Police Building's AC (air conditioning) renovations, $300, 000; L-3 driving simulator in the Police Department, $120, 000; and the storm drain system cleanups at the mini dump out at 20th Street, $21, 000. City of Miami Page 22 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Commissioner Diaz de la Portilla: That's a little over a million eighty-three, right? Mr. Rose: Yes, sir. Yes, about a million one in total. There is one service enhancement proffered in the RE.1 operating budget amendment, and that is a paperless routing and signature program that would be citywide. We have found in this new age that we need the ability to move documents and sign them electronically. So we're recommending that for $85, 000. The next thing that happens in this midyear budget amendment is it allocates rollover funds according to Chapter 18, the Financial Integrity Principles. So there are certain departments, including elected officials, that iffunds are not spent at the end of the year, they are recognized and moved into special revenue in the following year. And those are outlined -- Commissioner Diaz de la Portilla: So in the 10 million -- I'm sorry; if I may, through the Chair? Chair Hardemon: Please. Commissioner Diaz de la Portilla: In the 10 million -- little bit over 10 million that you're cutting, you list all that in Attachment 'A"; correct, in there? Mr. Rose: Yes, sir, the fourth column. Commissioner Diaz de la Portilla: Correct, and then you have a $2 million reduction for Parks and Recreation? Mr. Rose: Yes, sir. Commissioner Diaz de la Portilla: Is that correct? Explain to me how that came about. Mr. Rose: We looked at what -- how the department was fairing thus far in the fiscal year. We looked at what vacancies they had; we did this for all departments. And we looked at what we thought the department could absorb and reduce in the current year with minimal but not -- no service impacts. So we sat each department director down and gave them these targets, and we believe them to all be achievable. It will require a virtual hiring freeze across the city. There will be exceptions to that and a process is in place. It's called a hiring review committee. So any exceptions come through the City Manager and his senior staff. There's also been a purchasing review committee set up that reviews all purchases over 50, 000. So it is -- everything is being scrutinized step by step as we go forward through the fiscal year. Commissioner Diaz de la Portilla: And you said, "minimal impact. " Now that we've reopened our parks, and we've talked about making sure that people adhere to new protocols that are in place now because of COVID-19, probably -- we probably need more personnel to make sure those things are happening in these parks where you have a hiring freeze. I'm kind of trying to get to where you sit all your department directors together and whoever has -- makes the better argument or has the stronger voice is the one that gets less cuts, or how did that work? How did that process come about? Because then we're going to talk a little bit of the $5 million cut for the police, also. I want to talk a little bit about that in a minute, but tell me about parks first. How did you --where did you get to that $2 million figure and what's that impact? What do you define as minimal? Mr. Rose: So we sat with each department director, and honestly, we were looking at the projections on where they were headed in the current year. And if positions were held vacant, they would -- plus perhaps a little more effort than that, they would be able to come in at these numbers. So if -- what it does require is a near freeze on all City of Miami Page 23 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 hiring from now until the end of the fiscal year. And department directors are creative individuals, and have ways of moving staff and getting things done. And so, we have not been approached by department directors about service impacts, but it is possible that they will occur between now and the end of the fiscal year. Commissioner Diaz de la Portilla: So let me ask in kind of a layman sort of way. If you're cutting $2 million from parks, is this going to impact hours, operating hours? Is it going to impact how many times the bathrooms are cleaned, what lifeguard you may have in the pool? What kind of actual real day -- real people impacts are we having with these $2 million in cuts to ourparks? Mr. Rose: So first of all, let me be clear that life safety is not impacted in these reductions. So if a lifeguard is needed, they have a lifeguard. And there, again, is a process that if there is a vacant lifeguard position, they bring it to us and every two weeks we meet and we look at each of those. And in parks, in particular, it does take into effect the -- Commissioner Diaz de la Portilla: Maintenance of parks, cleanliness of parks, cleaning of bathrooms, janitors, people that, you know, keep these parks in the good condition they're supposed to be in, hours of operation, that kind of thing; people that change light bulbs so there are not dark spots in areas, things like that. Mr. Rose: Sure. So -- Commissioner Diaz de la Portilla: What everyday people experience. Mr. Rose: Absolutely. Well, when the revenues are affected, you make choices that you need to make, and these impacts should be achievable with minimal -- and the word "minimal" is the best I can do for you at the moment, Commissioner. The Parks Director has adjusted hours and has moved things around, moved staff around to minimize any impacts. But I cannot stand before you and say that there will be no impacts. I believe that if we started seeing issues in parks that I have not heard to be widespread in any way, but if they do start coming about, we will look into that and we will address that as it comes. This is uncharted territory for all of us right now, so we have to take the inputs as they come and adjust to them in the most professional manner that we can. Commissioner Diaz de la Portilla: And we don't have all day, obviously, but there's a number of questions that I have regarding the entire budget, but I zeroed in on parks for a reason. And obviously, we're living in circumstances now that people need to go out and feel healthy and exercise and we've seen it on the streets as a result of this crisis we're facing now. And to immediately impact and cut $2 million from our parks is a little bit concerning to me, because we don't want to limit the number of hours. We are reopening our parks. We actually want to have them open longer and we want to have safety in these parks. How did that public policy decision come about that that's the area you wanted to target, that you would go after -- cutting two million in parks and not somewhere else? How did that happen? Mr. Rose: We looked at how they were doing thus far in the fiscal year and where we expected them to be at the end of the fiscal year, and took into account the closure of the parks and a gradual reopening, and have adjusted accordingly. They -- Commissioner Diaz de la Portilla: Adjusting according -- are you having -- are you closing down parks, hours? Are you limiting -- or do you have less hours in parks? Is that what you refer to as "adjusting accordingly"? Do you have less hours now in a park? You close it down early or you open it later; is that what's happening? City of Miami Page 24 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Mr. Rose: So most of these impacts have occurred not for financial reasons but due to the safety concerns that we've had going forward with COVID-19 so -- Commissioner Diaz de la Portilla: Yes, but where were you opening our parks? Mr. Rose: Yes, sir. Commissioner Diaz de la Portilla: They open from 7 to 7? Are they now opening from 8 to 6 or 8 to 5? That's a question, a simple question. Is that the case? Are you cutting hours in the reopening? Mr. Rose: No, sir. We are not, no. Commissioner Diaz de la Portilla: Are you cutting people that take care of these parks? Mr. Rose: We are not cutting people, but we are not filling vacant positions. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Commissioner. Commissioner Diaz de la Portilla: I'm not finished yet but if you -- Commissioner Reyes: No, no. It was a question about parks that was -- Commissioner Diaz de la Portilla: No, go ahead. No, go ahead. No, go ahead, Commissioner. Commissioner Reyes: No, no, because I have the same kind of concern that you have. And I see here it says, budget savings in Parks is $2 million. How do you arrive at that number, that savings? Is that because of all the time the parks were closed? How do you arrive at that number that is --? Is that a savings that's been imposed or it's a savings that took place, or it is a cut that you're doing? I mean -- I'm sorry, Commissioner, but I wanted to clarify that in my mind, okay? Mr. Rose: So I think it can safely be said that these cuts -- these savings are imposed, that department directors, given the ability, would prefer these not to occur. But as Budget Director, I would prefer that revenues not be dropping, either. That is simply not the case. So, again, just like any other household, if revenues are dropping, you adjust on the expense side accordingly to balance out. And honestly, as you've saw in the memo that went out this morning, the projection is still even as we are reducing expenses and some of those are natural adjustments with what has happened thus far and the gradual reopening that we are seeing, but some of those are imposed, are asked of our directors to find ways that we would not otherwise find or need. But this is a time of necessity right now and so we are all coming together and finding ways to save the taxpayer, and frankly, save the City's general fund for future years. Commissioner Reyes: Alexis right. Commissioner Diaz de la Portilla: And I think where the Commissioner was going -- because there's a difference between savings and cuts, right? Commissioner Reyes: That's right. City of Miami Page 25 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Commissioner Diaz de la Portilla: Okay, I think that's where the Commissioner was going. So the question is, are you cutting $2 million? And if you're cutting $2 million from the budget, that means that you've got to be cutting something -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- right? Something's got to go away; employee, hours, you know, something's got to go away. Mr. Rose: Yes, sir. Commissioner Diaz de la Portilla: You stop hiring new people, or you're not doing projects that you were thinking of doing. So what are you doing? What's happening? Ifyou take away $2 million, what are you taking away with those $2 million? Mr. Rose: In particular, in Parks, the summer programs are -- Commissioner Diaz de la Portilla: That's it. That's the answer to the question. Mr. Rose: -- being reduced, okay. I think we would be reducing those anyway, as the summer progressed, but as well, I want to make sure that everyone understands that we are not cutting any jobs. Any existing, filled positions are not being cut. Commissioner Diaz de la Portilla: I'm not concerned about government jobs, okay? But I am concerned about summer camp for children. It's a big difference. So the answer to the question is, where are you cutting the two million. And you're telling me that some of that is coming from programs for our children. That concerns me. I would rather you cut government jobs, to be honest with you, and bureaucracy, right? So how much --let's delve a little into that. Tell me what summer programs are being cut and where did that public pol -- Who made that public policy decision? Because I know this Commission didn't. Mr. Rose: The City Commission is -- this amendment is being adjusted -- the budget is being adjusted and offered to the City Commission to react to things that have occurred since the budget was adopted, both naturally as this global pandemic has unfolded, and to react to the revenue losses. So I -- Commissioner Diaz de la Portilla: I think summer camp programs was something that could be an easy victim, because for what reason? I mean, what's the logic? Because I could probably off the top of my head -- I won't go into it -- tell you where you can cut a lot -- where you can cut $2 million that it's not summer programs. Arthur Noriega (City Manager): So to be crystal clear on the summer program part, we can't actually have a summer program, because they aren't even allowed. Schools haven't been opened, so we made a decision, obviously, based on the timeliness of it because there's a significant amount of staff that has to get hired for summer programs. We're already almost in June. We still don't have approval to even, if we wanted to, conduct a summer program as of now. So -- Commissioner Diaz de la Portilla: Summer programs are not only contact sports. Summer programs are -- could be virtual programs, could be all kinds of things that (INAUDIBLE) -- Mr. Noriega: And we have some virtual programs in place. But obviously those don't have the costs that a in -camp or an in person summer program has. It all -- City of Miami Page 26 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Commissioner Diaz de la Portilla: And we don't know where we're going to be in August. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: And we don't know where we're going to be in July. And so, the idea that if you cut -- we begin to make budget cuts, because we have to make them, that you target parks and, in particular, summer programs in parks without leaving some -- at least having some flexibility for saying, "Well, let's -- instead of cutting that, let's figure out a way in this new day and age how we can have more virtual programs for children through computers, through, you know, certain things that children can do six feet apart that is critical for the development of children. " We know that summer programs are a critical component of the growth of a child, right? And in today's world, which we have to have the social distancing, it's very hard to have children, you know, obey the six feet and all these things. But there are things that we can do that we could be (INAUDIBLE), right and saying what do we do this summer for children who were not in school? What do we do, you know, when they start coming out of their homes and they're able to come out of their homes and play and do the things that children need? What are we going to do for them? Cut $2 million from the budget of the parks they're going to go to? Is that what we do? So, to me, that's a very serious public policy decision that requires debate and conversation. And if we have to make a hard decision, it's made publicly, and it's made with a debate and a conversation. It's not made in an office between a couple -- a number of bureaucrats. It's made by the people that make the public policy decisions in the City of Miami. And we're going to talk about Police in a minute too, because public safety is probably the biggest role that government plays, you know, next to, obviously, you know, funding important programs, like the summer program. But public safety's a critical, critical issue too that you're cutting five million, and we're going to talk about that in a minute. But let's stick with this for now. Where are these decisions made and how are they made? Are they made sort of like with a broad brush that we have to cut 10 million -- a little bit over 10 million bucks here and we're just going to --you know, two million in this department because maybe -- not in any particular criticism of the Parks Director, but maybe that Parks director at that moment (UNINTELLIGIBLE) meeting and said, "Well, these $2 million are -- let's cut it there because it's there." What happened? How does that happen? Mr. Noriega: So let me be as clear on that as I can because maybe Chris didn't explain it very well. We met individually with each of the department directors. We also met in larger groups, as well. We assessed their current budget status, how they were projecting, whether they were going to be projected to be over budget, under budget, meet budget. We took those projections -- right? -- and in some cases, there were departments that actually were operating at below budget -- right? So we took that trend, factored it out over the rest of the year and said, "Okay. This department has a natural baseline that's below what we budgeted for, so that's a savings automatically, right?" Commissioner Diaz de la Portilla: That I understand. Mr. Noriega: Okay. Then we said, "There's opportunities to target specific areas"; obviously, open positions -- right? -- "that weren't critical, because we have a hiring committee that's evaluating positions based on essential need. " Commissioner Diaz de la Portilla: And that I understand, too. Mr. Noriega: Okay. So we did that aspect, too. And then we said, "Okay, what are some of the things that we can adjust" -- right? -- 'programmatically" -- right? -- and/or from a contract standpoint by department?" Right? Maybe there are contracts City of Miami Page 27 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 we can push off -- right? --, and save on -- right? We maybe don't need the entire level of service for this --for the balance of this fiscal year. We went through that as well. It was a surgical process, not a broad brush -- right? Some departments had been performing very well. When we get to the police one, you're going to find that the significant amount of that savings is because they have actually been operating at less than their projected budget by a big amount, so there's no loss in service or reduction in service. So this was a surgical process -- Commissioner Diaz de la Portilla: We're having a little bit of -- Mr. Noriega, we're having a little bit of problems with your communication. You're coming in and out a little bit. Mr. Noriega: Okay. Commissioner Diaz de la Portilla: I'm getting what you're saying but you're coming in -- just so you know. Maybe it's your Wi-Fi there or if it's something is not (UNINTELLIGIBLE). Mr. Noriega: No, I'm on a hardline so it shouldn't be a Wi-Fi -- but I'll also -- Commissioner Diaz de la Portilla: It could be us. Mr. Noriega: -- I'll take off my video. Let me stop my video. Commissioner Diaz de la Portilla: But again, we go back to what I think -- and I think it was Commissioner Reyes that really nailed it -- right? -- when he said -- and thank you for interrupting me, because you kind of went straight to the point. The difference between cuts and savings. You've gone through all the savings, and we understand that. Obviously, you don't have to hire new people, you know. But cuts is different. That hurts people directly. It impacts people -- and "hurts" is the wrong word. It impacts people directly. So when you talk about cuts, be specific. When you talk about programs -- now, eventually -- it took a lot. I mean, we really had to fish it out of Mr. Rose to say --for him to say, "summer camp programs, " right? It took a good, I think, 10, twelve minutes to just get him to say that's what we're cutting, all right? And that's what I care about. In laymen's terms, what are we cutting and who is being impacted by these cuts? Savings, I don't care. Of course, I'm -- listen, I believe that government is too fat, that we need to cut in a lot of places, including the City of Miami Government, and I understand that. And future projected expenses and things that we have that we're not doing right now, I understand not doing them because the dynamic today demands that we adjust, and I understand that and I'm flexible with that. But I'm not flexible when you start cutting programs and make these kind of public policy decisions -- summer programs for children -- without having Commission input. Mr. Noriega: So -- Commissioner Diaz de la Portilla: Being done by department the heads individually, or in groups, or behind closed doors, to me, is not acceptable, because these are things that impact the people that rely onus to make good decisions for them. And we cannot make good decisions for them if we don't have information. So we had this amendment, these attachments before. We got this last-minute memo at 9:42 this morning and we almost passed this with a -- you know -- a motion, and we had -- without talking about the details of how these decisions came about, who made them, who prioritized, who said, "This is more important than that"? This summer camp program is not important and that one's important, or this, you know, asphalt in the Miami Marine Stadium, we get rid of that but put it somewhere else or build a pool but not have a summer camp. All these decisions impact people. And so, I want to know City of Miami Page 28 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 how this came about, and I also want to know -- and we'll talk -- you want to talk about police, or you want to finish what you're saying about parks? Mr. Noriega: No. Actually, I want to address your issue with regards to public input. The whole reason why a midyear budget adjustment is brought to the City Commission is specifically for this purpose. You can decide that we want to surgically remove or add aspects or items to this. That's why it's brought before the City Commission for approval. It's not done in any secret way or in some, you know, closed door procedure. It's our job as an administration to evaluate -- Commissioner Diaz de la Portilla: No, I'm not (INAUDIBLE) -- Mr. Noriega: But let me -- wait -- but let me just finish what I'm going to say so that you kind of understand the broad breadth of what I'm trying to get to. It's our job to sort of evaluate where those opportunities for savings are -- right? -- and present them to the City Commission for approval. That's what we're doing now, right? And there's a lot of detailed backup to that so that you can ask the questions you're asking now -- right? -- and then they can be answered. It's all being done in a public forum. So this is the proper format for that to happen, and that's why we're having this discussion and this back and forth. As a Commission, it's absolutely in your purview to say, "Hey, look, we really think that the savings as it addressed the parks is too significant. We want to reinstate some of the programmatic adjustments that were made," and we'll certainly go back and do that. Our job is to try to find the savings to try to -- as much as we can. And we're not going to be able to balance the budget, because we have a fiscal responsibility to do that, and then this discussion happens in the public format it's happening now, and that's what we're doing now. I don't want to give anybody the impression that we're sort of just in a -- in some -- you know, behind closed doors making decisions and that it's not vetted in a public way because that's what we're doing now. Commissioner Diaz de la Portilla: Well, yeah, but what happens -- and this is -- because, again, I'm new to city government, and so are you, Mr. Noriega, because, you know, you started more or less a little bit after I started, right? But kind of the way I'm used to it, there's a budget midyear allocation or a budget amendment in Tallahassee (INAUDIBLE), right? So we come and we -- and there's a presentation and we're told, "We're cutting so much from Parks. " And the Commissioners, the public policymakers, are given a complete, thorough presentation on where the cuts are and what they impact. It's not here are all the -- here's all the paperwork and, you know, we're not going to give you a presentation. That's what an open forum is. Kind of go through what Mr. Rose is starting to do now, just kind of go through everything. But I (UNINTELLIGIBLE) him, right? He should say, "Well, we're cutting $2 million in Parks. We're cutting $5 million in Police and this is what we're cutting and this is what we're saving. And we're cutting in Human Resources, $162, 000, " or whatever the numbers are. I'm going through the numbers right now. And we have so many questions -- I have so many questions that we can go -- be here the whole day. I don't want to do that. I prefer that we have a presentation from Mr. Rose that immediately says we're impacting this, this; we're cutting this, we're cutting that, we're cutting this, we're cutting this. And he knows and people know -- common sense dictates that when we're talking about things like parks that impact the quality of life of our residents are things that, you know, raise flags along the way. So we want to make sure that when he talks about -- if we're cutting $5 million in the Police Department, say, "Look, we're not going to buy new vehicles; just say, "We're going to lay off 100 police officers." We don't know. If you save $S million, what are you doing with those -- where? Where are you saving the five million? We need to know that. These are numbers -- I have them here in front -- we can all read. We read them, but we want to know who it impacts and what it impacts in detail, like you just told me right now. So we had to fish it out of him that summer camp programs are being impacted out of the $2 million City of Miami Page 29 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 savings. If I continue with --just with parks, I'm sure we'll find that some hours have been reduced. I'm sure we'll find some personnel that cleans the bathrooms have been reduced or not, or maybe you clean the bathrooms twice a week instead of three times a week. These are serious problems that we have in our parks, especially in our parks in poorer neighborhoods, the areas that I represent. And that's always been a concern from the moment I got here. And you and I, Mr. Noriega, have spoken about this, what happens in Curtis Park, in parks where kids that are not so wealthy go to, you know. And to me, when that presentation is made, that way -- then we can make the public policy decision. You know, we don't want to cut this. We want to maybe cut something else. And that's a right that we have and that's the responsibility that we have. That's our most sacred responsibility; to make these important decisions for the people who elect us and the people we represent. So I want to continue with Mr. Rose going through what additional -- or you, Mr. Noriega, if you want -- through what other cuts we're making and how it impacts these departments and in what way it impacts these departments. Mr. Rose: Good morning again, Commissioners. Chris Rose. I will point out in Parks in particular, before these changes were proffered, before we even sat down and asked departments to find ways to save money, the Parks Department was projected to come in 1.7, almost $1.8 million under budget. So this department and others, basically, we looked at where they were going to be, and then asked them to stretch a little bit. So in many ways, it's going to -- I'm going to say what I said before. It's going to come with a minimal impact; a good budget as put together, but when the world changes around it, you adjust to the world that you have. Commissioner Reyes: May I interject here? Chair Hardemon: Please, Commissioner. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla, thank you for being so specific. I agree with you 100 percent. And I used to be a budget analyst for the City of Miami and for the school system. And precisely what you're saying, I think that we should implement it here. Every time there is either a cut, or there is a change in the budget of any department, we have to -- we, as decision -makers -- we need to know what is the impact of that, and how the money's going to be used, or why the money is going to be reduced and the impact of that reduction or where it comes. Because it was misleading to me when it said "savings," what we used to call "salary savings." Salary savings is when you don't use the salaries, you see, and you call it savings. But this is a big difference between -- in cutting and savings. And I'm glad that you brought the summer programs. I am really grateful that you do, because your district and my district -- I mean, we need those programs. And there are a lot of working parents that they don't have any place to send the children and go to work. And that's a service, that's a public service that we are -- we, as a city, are providing. And as you said, we have to find ways that those programs are -- take place, be it virtually or be -- as you very, very clearly stated, you don't know where are we going to be in August or in July. We don't know, you see. But we have to be prepared to provide services to our residents. And most of them are -- I would say that we come -- our district -- we have a lot of working parents and we have to make sure that the summer programs, that they are not affected in a way so negatively as it is. And I know that Commissioner Hardemon has the same problem (UNINTELLIGIBLE), and so does Commissioner Carollo, and to some extent, Commissioner Russell. But those summer programs are extremely important as a service for the populations that we represent. Thank you, sir. Thank you for allowing me to speak. Chair Hardemon: One of the things that we can do, if you all would like, we can continue the midyear budget amendments to the next agenda; that way, we have more City of Miami Page 30 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 time to identify those programs that we think should be taken away from what's been included as cuts, and have a more meaningful discussion. Commissioner Reyes: Also -- excuse me. And also -- Chair Hardemon: Commissioner Reyes and then Commissioner Alex Diaz de la Portilla. Commissioner Reyes: Okay. Chair Hardemon: Commissioner Reyes, you're recognized. Commissioner Reyes: Okay. And also, I want to include -- I think that any type of movement of -- money movement to --from one place to the other or that we are, I mean, having a substantial cut or increase, we need an itemized explanation on how it's going to be affected, either the department or the public, you see, what effect it's going to have. Yes, sir. Commissioner Diaz de la Portilla: And Mr. Chair? First of all, Mr. Chair, I think it's an excellent idea we continue it to the next meeting, and between now and that next meeting, I would like for Mr. Rose to go in detail with all these cuts or savings, whichever ones we're talk -- whatever we're talking about, but cuts, in particular, the ones that I care about. And then within those -- again, using the Parks example as the one we're talking about and not to continue the conversation, just to -- I know we have to move on to other items on the agenda, but the $2 million, what are you cutting the $2 million? What's being eliminated; which programs, what parks and what parts of the City are being impacted? Commissioner Reyes made a very valid point. In poor areas of Miami, that's the only place the parents have to take their kids that's affordable. Some, you know, you have to pay a little fee. Chair Hardemon: That's daycare. That's, you know -- Commissioner Diaz de la Portilla: Right. When -- that's the only place, right? We have no other place for their children to play and to go to learn, and do things that wealthier children can do, because the parents can pay for it, you know, and private programs and things of that nature. That's critical for our communities, the people that we represent. So these are real life impacts on the people that we represent, the people that are looking to us to protect -- and to protect their children. So, to me, the details of all these cuts, how it impacts the police, the five million in police, I want to know what we're -- how that's happening, and many other questions that I have that if I get you alone, Mr. Rose, we'll go through all that and we'll -- and I want every Commissioner to have --for you to do that with every Commissioner, so when we come back here, all questions have been answered, and all concerns have been addressed. And I think, Mr. Chair, what you're recommending is that we put it off to the next meeting. I think it's a great idea to find out where we -- that way we have a say in the public policy decisions that impact the people that elect us to make good decisions, and more importantly, informed decisions on their behalf. Thank you. Mr. Rose: I'd be -- Commissioners, I'd be happy to meet with each of you again, as necessary. And I don't want anyone to get the impression that anyone was being misled by the word "savings, " and I don't want anyone to get the impression that this is easy, either. Commissioner Reyes: I know it is not. I know. Mr. Rose: I lose sleep over where our revenue picture is right now. City of Miami Page 31 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Commissioner Reyes: Yes. Mr. Rose: And I know that it takes revenues to get the job done, so I'd be happy to meet with each ofyou. Commissioner Reyes: Well, and talking about revenues, I think that Commissioner Diaz de la Portilla is trying to get some revenues for us. Commissioner Diaz de la Portilla: We're working on that. But people are being very, very stingy these days, you know, especially our Mayor here in Miami -Dade County. You know, he has almost like $474 million that were given to the County, and we'll talk about that resolution a little bit later. And I think that some of those dollars should be sent over to our cities; particularly, Miami -Dade County's largest city, which is Miami, our City of Miami, but to other cities, too, that need the help. And I think we'll have a little bit of a conversation about that later on today -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- through that resolution that -- you know, you got to spread that wealth, you know. You got to give it to cities and to the local oicials that know what their communities need, the people that are closest to the residents, you know, local -- the municipalities. And I think that urging that we all get together and support this idea that we need to go to Mr. Gimenez and say, "We need those dollars for the City of Miami, "I think is something that's worth doing. Chair Hardemon: Mr. Vice Chairman. Vice Chair Russell: Thank you. Spread the wealth. That's very progressive of you, Commissioner. I like that. Commissioner Reyes: That's right. I like it. Commissioner Diaz de la Portilla: And it's not a redistri -- Commissioner Reyes: Fair is fair. Commissioner Diaz de la Portilla: But it's not a redistribution of wealth. It's just spreading the wealth. There's a difference. Commissioner Reyes: Spreading the wealth. That -- I don't like that redistribution of wealth. Commissioner Diaz de la Portilla: No, no, no. Commissioner Reyes: Spreading the wealth. I mean, but that terminology doesn't go well with me. Vice Chair Russell: Just before we move on, I had asked the Manager if he could give us an update with regard to the federal aid package and our efforts there. Commissioner Reyes: Sure. Chair Hardemon: As the Manager finds his way there, Senator, do you have a motion to continue RE.1 and RE.27 Commissioner Diaz de la Portilla: I do. City of Miami Page 32 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Commissioner Reyes: Second it. Chair Hardemon: It's been properly moved and seconded that we continue these item to the next agenda. Any discussion on that? Vice Chair Russell: Would that be the June 11 if we continue it, or would it be the June 25? Chair Hardemon: It will be June 11. Todd B. Hannon (City Clerk): June 11. That is correct, sir. Vice Chair Russell: Thank you. Yes, agreed. Chair Hardemon: All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Mr. Rose: Thankyou, Commissioners. Commissioner Reyes: Okay. Chair Hardemon: We may have to ask our Manager to -- Vice Chair Russell: There he is. Chair Hardemon: -- when he comes back. City of Miami Page 33 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 RE.2 RESOLUTION 7372 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), ADDING CAPITAL PROJECTS TO THE CITY Management and OF MIAMI ("CITY") FISCAL YEAR 2019-20 MULTI -YEAR CAPITAL Budget PLAN ADOPTED WITH MODIFICATIONS ON SEPTEMBER 26, 2019 PURSUANT TO RESOLUTION NO. 19-0374, AND AS SUBSEQUENTLY AMENDED ON DECEMBER 12, 2019 PURSUANT TO RESOLUTION NO. 19-0506, AND ON FEBRUARY 13, 2020 PURSUANT TO RESOLUTION NO. 20-0044; 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. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record. Item RE.2 was deferred to the June 11, 2020, City Commission Meeting. For minutes referencing Item RE.2, please see Item RE.]. Citv ofMiami Page 34 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 RE.3 RESOLUTION 7462 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), MAKING PROVISIONS FOR HOLDING A and Mayor SPECIAL MUNICIPAL ELECTION CONCURRENT WITH THE PRIMARY ELECTION ON AUGUST 18, 2020, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE THE FOLLOWING STRAW BALLOT QUESTION, WHICH SHALL HAVE NO BINDING OR OBLIGATORY EFFECT, TO BE KNOWN AS STRAW BALLOT QUESTION NO. 1: "WOULD YOU SUPPORT REQUIRING THE MIAMI-DADE COUNTY MAYOR WHO HAS AUTHORITY OVER THE MIAMI-DADE COUNTY AVIATION DEPARTMENT TO START A PROGRAM TO SCREEN ALL PASSENGERS ARRIVING AT MIAMI INTERNATIONAL AIRPORT FOR THE COVID-19 VIRUS UNTIL THE DECLARED STATE OF EMERGENCY EXPIRES?"; CALLING FOR A STRAW BALLOT SPECIAL ELECTION AND PROVIDING THAT THE STRAW BALLOT QUESTION SHALL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE PRIMARY ELECTION ON AUGUST 18, 2020; DESIGNATING AND APPOINTING THE CITY CLERK ("CLERK") AS THE OFFICIAL REPRESENTATIVE OF THE COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. ENACTMENT NUMBER: R-20-0161 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Commissioner Carollo: Chairman? Chair Hardemon: You're recognized. Commissioner Carollo: Thank you. If I could, if we could bring up R-3 for discussion. Chair Hardemon: That is correct. You're recognized. Commissioner Carollo: I was informed yesterday during my agenda briefing in the afternoon, which I never knew that the County would charge us to put something on the ballot for the ink. The County will charge about $120,000 to put the straw question on the ballot for the ink. Now, I could understand, maybe, if they need to put an extra page, a ballot question citywide, that they could charge us something for it, but $120, 000 for ink, this is absurd. And I asked our City Attorney -- and I don't know if she had the time to find out -- where in State law do they have a right to charge us something to put something in a regular election that's countywide that includes City of Miami Page 35 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 County issues, State issues, where do they have the right to charge us extra money for putting anything on the ballot? Victoria Mendez (City Attorney): Commissioner, we reached out. We did our own research, and we couldn't find anything on point that allows the County to do this. We also reached out to the County Attorney's Office, but they haven't been able to get back to us with regard to that. I know that they -- we found out during briefings that they have charged us in the past, but we don't know what the -- what law allows them to. Commissioner Carollo: Well, my point -- and this is where I'd like for everybody to pitch in -- it's one thing to put a straw question that -- you know, is would seem that there were no additional costs to the residents of Miami. Now, if we're going to be charged for something, I'm looking at it in a different way. I don't believe the County has the right to charge us. And certainly, I don't see how they could ever prove in a court of law that what they call ink costs $120, 000 for the amount of precincts that we have in the City of Miami. So, Mayor, if you could chime in, and all of you. I'd like everyone's opinion on this. Mayor Francis Suarez: Yeah. Thank you, Mr. Chair. If I may, Commissioner, I just want to say, one, it's -- Commissioner Carollo: We're hearing you low, Mayor. If -- Mayor Suarez: Can you hear me better now or --? Commissioner Carollo: A little better. Mayor Suarez: A little better? Okay. Yeah, first of all, I can't -- it's impossible for me to believe that the cost of either printing an extra page or ink associated with an extra page will be $100, 000. So I don't believe that's -- Commissioner Carollo: One twenty. Mayor Suarez: I don't believe that from a cost perspective. But I think you got two other issues. One of them is, you know, our taxpay -- our residents in the City of Miami pay County taxes, as well. They pay City taxes, they pay School Board taxes, and they pay County taxes. Commissioner Carollo: Yeah. Mayor Suarez: Our residents are paying for services that the County provides for them. And so, I -- personally, I think it's a double -taxation issue. I think if you are paying for taxes for the County to provide services to you, then one of those services would be the Elections Department services of putting potentially one or two items on a ballot that's already -- like you said, Commissioner -- existing. So there isn't personnel costs. You know, I do know -- you know, the Clerk and I in the past have talked about when there's a special election, or when -- you know, where you have to have a -- you know -- a whole 'nother set of costs like -- that are different from the regular costs. That makes some sense, because those costs would not have happened but for that situation. I think -- you know -- the third party here is we wouldn't even have gotten to this point if we would have just gotten an answer from the County. You know what I mean? They didn't answer -- you know -- your resolution, the City's continual request to have something very simple, which the President just announced the discontinuation of flights from Brazil, which is a COVID-19 hotspot. So if they would have just, you know, taken some action as you mentioned in the past, they have thermometer monitors in County Hall to make sure that they're protected, all the City of Miami Page 36 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 people that go into County Hall; similar to what we have outside of City Hall. But they're doing nothing in the airport for our residents. And so, I think, you know, if they would have answered us, we wouldn't be here potentially, and if they would have done something about it. Secondly, there's no way that the cost -- if you did an audit of what additional cost, it would be hard for me to imagine that it could amount to 120, 000. And then I think -- I mean, even if it was 120, 000, even if they somehow were able to establish that it was 120,000, I think you could easily argue that our residents pay that tax already. They paid for that service when they pay their taxes, and they shouldn't have to pay for it twice, you know, as a taxpayer of the City and as a taxpayer of the County. Vice Chair Russell: Mr. Chairman, I have a question. Chair Hardemon: Vice Chairman, go ahead. Vice Chair Russell: What -- does this all -- does this fee also apply to, let's say, residents through a petition, got a question on the ballot? Do they need to raise funds to get a question on the ballot in this same way? Todd B. Hannon (City Clerk): Through the Chair. Vice Chair, that's usually done through the municipality, so you're talking about like an initiative or a referendum process that's outlined in the City's Charter? Vice Chair Russell: Sure. Mr. Hannon: Then it would -- the City would bear the cost. Vice Chair Russell: So even in that case, the City would still pay this $100, 000, 120 - - I had originally heard it was 160 -- to put a question on the ballot that's brought by petition of residents? The City would be required to pay that fee for that sort of an initiative, as well? Mr. Hannon: Because we're adding something to a ballot that's not our election; yes, sir. Vice Chair Russell: I hadn't heard this before this one came up, and I'm certainly not in agreement with it, as well. I agree with you, Mayor. I agree with the Commissioner. This -- it's really putting a toll before having access to the electorate for questions that could be very important. And I'm surprised we hadn't heard about this before on other issues. So if it's -- I'd love to understand what precedent there is for this, and if there's no law that allows them to do this, it'd be -- I don't know what avenue is available for us to challenge this. I don't know. Where are you going with it, Commissioner? Chair Hardemon: Senator? Commissioner Diaz de la Portilla: I agree with Commissioner Russell. I have never heard it. If the State would put a constitutional amendment, a State constitutional amendment on the ballot, do we charge the State? Does the State have to pay a fee to put it on our Miami -Dade County ballot? I've never heard of that. So I don't know if it's something that's just been made up, because it happens to be coming from Miami City Commission and from this office. But I've never heard of it, and maybe, Todd, if you can clam for us. In the past, in those two other incidents that we've been charged, which were those incidents? Was it an additional page, or what were those elections? Were those special elections? City of Miami Page 37 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Mr. Hannon: Yes, sir. As it -- when it's not our election, when we're placing a question on -- when we're piggybacking, I guess is the best term to use -- the County's election, then that's when we are charged for placing the question on the ballot. Commissioner Diaz de la Portilla: When were we charged and how much? What was the last -- when was the last time we were charged, or the last two times, and how much? Mr. Hannon: Yes, sir. Can you bear with me for just a second? For the August 28, 2018 special election, it was 126,000. Commissioner Diaz de la Portilla: That was for a special election? Mr. Hannon: Right. And this -- Commissioner Diaz de la Portilla: With a regular election taking place now, right now, August 18, so it's not a special. Mr. Hannon: It's a special election for the City of Miami, because we don't have an election scheduled for August, so this is considered a special election for the City of Miami. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) resident of the City of Miami wants to go and register, or who wants to vote can vote. So there's not additional -- there's no additional paper, there's no additional polling place that has to be opened, there's nothing. All -- every Miami -- City of Miami precinct will be open on August 18 -- Mr. Hannon: Yes, we're not being charged for that. Commissioner Diaz de la Portilla: And there'll be personnel, City of Miami Police, right? Mr. Hannon: You're correct, sir; we're not being charged for that. Commissioner Diaz de la Portilla: We're not being charged for that, right? So why are we being charged for putting in an additional line? "Is there any precedent for that?" is my question. So we're not adding any wording to the -- to Miami -Dade County (UNINTELLIGIBLE). Mr. Hannon: Well, from the standpoint of the precincts, you're correct, because they already have an election scheduled in August. However; we're adding a question to a ballot -- Commissioner Diaz de la Portilla: Okay. Mr. Hannon: -- and so, there are costs associated with the addition of that -- Commissioner Diaz de la Portilla: What are the costs? The paper's the same; it's one line. Mr. Hannon: Well -- Commissioner Diaz de la Portilla: I mean, what are the costs? The printing is the same. It's just one line. I know, because I -- this is what I do for a living; I print stuff. You know, I run campaigns. I do a lot of mail, so I know what printing costs. And I'm adding one line to it. They shouldn't charge me more for it. They should charge me City of Miami Page 38 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 the same. I could have 10 lines, or I could have 12 lines. You know a thousand fits, it fits, right? So I know it doesn't cost more to add an additional line on any printing job (UNINTELLIGIBLE). Why are they charging 100 (UNINTELLIGIBLE) and it definitely doesn't cost $120, 000 to add one line. So what's the reasoning as -- have any conversations taken place with the County? And have they given a reason when you've had these conversations? Have they told you, "It cost this for this reason, and this is why we're spending" -- "why it's so expensive," Todd? Mr. Hannon: Can you hear me, sir? Commissioner Diaz de la Portilla: I can hear you. Mr. Hannon: Okay. It's my understanding that, as Commissioner Carollo pointed out, there is the possibility of additional pages to the ballot. And remember that we'll -- there's over 200 -- Commissioner Diaz de la Portilla: Todd, Todd, that's not my question. Have you had a conversation with Christine White or with anybody in Miami -Dade County Government and you asked, "How much does it cost?" And did you ask, "Why does it cost $120, 000?" Mr. Hannon: Yes. Commissioner Diaz de la Portilla: What's the reason for it? And what did she say, or what did they say? Mr. Hannon: Well, again, part of it could be the number of pages. This is an estimate, so again -- Commissioner Diaz de la Portilla: So sorry, Todd -- Chair Hardemon: Alright, let me -- Commissioner Diaz de la Portilla: I don't mean to put you on the -- not could be. I don't want you to speculate on what you think the reason is. Have you asked them a question and they answered it? That's -- I mean, I just want -- what reason did they give you? Mr. Hannon: Well, to the best of my ability, to answer your question would be the number of pages. The ballot question is translated in three languages, so it's not just a matter of adding an additional line. It'll be translated in Spanish and Haitian Creole. And then again, there's additional formatting that has to be done for the style of the ballot, because the City of Miami will now have its own specialized style ballot to add in this ballot question on top of the races that are already scheduled for August. So there are additional costs. Chair Hardemon: So, you know, Commissioner -- Senator, the one thing I will say is this: If -- there's obviously a -- there could be, which is what the City Clerk was saying, an additional cost. But they haven't told us necessarily what it is. So it -- there could be -- which means that, for instance, if we pay $120, 000, for instance, and then it doesn't amount to $120, 000, then we are due a refund -- right? -- because it was $40, 000. And so, we've never received a refund in the past, I'm sure. Commissioner Diaz de la Portilla: Don't hold your breath, Mr. Chair. Chair Hardemon: Yeah, exactly. So I think -- I understand what you're saying, by saying, "Hey, what is the cost?" If you -- if there -- they should be having -- they City of Miami Page 39 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 should have a sample ballot, and they should be able to tell us, based on the information that they have right now, how many additional pages, if there are -- needed more additional pages, if there are -- and this is what it costs. And right now, they haven't given us that information. So I think that's good information for us to find out, because they should anticipate right now what all ballot questions are going to be on -- in the ballot -- Commissioner Reyes: Mr. Chair? Chair Hardemon: And that should tell us how many pages it is, et cetera. And then, how far along does that push us by adding this question to it? Commissioner Reyes: Mr. Chair? Chair Hardemon: You're recognized, Commissioner Reyes. Commissioner Reyes: Yes. I have a question, and that is -- I think that I'm going to follow Commissioner Diaz de la Portilla. Would the State -- you see, they have questions that they go on the ballot, and on local elections, you see. Most of the times, there are, I would say, changes in the statutes or whatever questions State places, you see. Do they get charged? That's a question. Do they -- does the County charge the State for that? Commissioner Carollo: No. Commissioner Reyes: And according to what you're saying, that you don't know the - - I mean, the itemized bill that they will send us, this was -- I received this from the Administration, I mean, from us, once we asked how much it was going to be paid, and we have printing and advertisement, 105,800; postage, it is -- no, no -- ballot creation, 2,460, and administrative overhead, 10,826. You see, I mean, this is -- and, you see, and it goes beyond that, okay? It goes beyond that. That's 119, Commissioner Carollo. It goes over $120, 000. Then we have an additional advertising fee, which is $42,000; $42,494, which is -- amounts to 161,580. The -- I mean, advertising fee, we won't advertise anyways, you see, and that's another fee that we are going to be charged. And this is -- Mr. Hannon: Commissioner Reyes, Commissioner Reyes, they aren't charging us for any advertising. That's just a line item that they have in the invoice. So the advertising will be borne by us. That's not a part of the invoice provided by the County. Commissioner Reyes: But we will have to advertise it our self and pay for it? Mr. Hannon: Yes, yes. Commissioner Reyes: Oh. That means -- well, that means that this is going to cost 160, 000? Is it going to be 120 from --for -- charge from the County -- Mr. Hannon: Correct. Commissioner Reyes: -- and 42, 500 from us. Mr. Hannon: Correct. Commissioner Reyes: That means that we have -- it's over $161, 000 -- Mr. Hannon: Yes, sir. City of Miami Page 40 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Commissioner Reyes: -- that this will cost. Okay. Okay. I just wanted to know that. But my question still remains open, and unanswered. Does the County charges the State -- or the Federal Government (UNINTELLIGIBLE) or the State or anybody else for any questions placed on a ballot on a regular election? That's what I want to know; if the State is charged, also. Because what's good for the goose is good for the gander. Chair Hardemon: Mayor Suarez. Mayor Suarez: No, I think that's a great question, and both Commissioner Reyes and Diaz de la Portilla deserve an answer to the question. I suspect that the answer is going to be, "no." But I have another thing, which is, let's assume that it's an additional page -- right? -- that the question will take up a whole additional page. Well, I just went on Amazon quickly. This is one of the cool things about virtual, you know, Commission meetings. And on Amazon, you get 4, 000 pages. And I understand there are different kinds ofpages. They're not exactly the same kind ofpages. I get it. You may have different kind of sizes, and all that stuff. But 4, 000 regular sheets -- if every single -- if we printed a ballot for every single voter -- there's 200, 000 voters -- and we divide that by 4,000, that's $50; $50 worth of paper, okay? According to Amazon. And that's -- you know, of course, that's standard paper. Maybe it's a little bit more expensive paper. I get it. So maybe it's $75 or 80. Commissioner Diaz de la Portilla: But Mayor, I can probably price it out for you, but I can tell you without having to price it out for you that it's not $120, 000, that I can -- somebody is making a killing, whoever has that contract with the County. Mayor Suarez: Fifty dollars, $50, you know; 200, 000 divided by 4, 000 is $50. Maybe they're not buying it from the right person. Maybe you should -- Commissioner Diaz de la Portilla: Maybe. I don't -- Mayor Suarez: Right. But, you know, I think the issue is also that, you know, by putting up costs like this, aside from the double taxation, aside from the good point that Commissioner Diaz de la Portilla and Commissioner Reyes made about the State not having to pay, this is frustrating the will of the people -- right? -- in the sense that -- you know, we were talking earlier. How do we make the County comply with certain things? And if we can't sue him on -- if we can't sue them on something -- right? -- if they're not doing something and we can't sue them, this is a mechanism that we have to express to the County, "Hey, it's not just five Commissioners and a Mayor that want you to do something. This is the people of the City of Miami that want you to do it. " And when you consider -- and I know Commissioner Carollo and I talked about this a lot and we talked about this a lot on the Commission. When you consider the cost of what allowing infected people to come into our community is through the airport by not screening people, by not putting in the basic tools that we can use to try to protect our residents, that cost far outweighs the 120, 000, the 40, 000, the advertising, all that stuff, because the cost to our community -- I mean, we just saw it -- it's a $20-million-dollar cost in revenue that we're struggling -- I'm talking about, you know; park programs, we're talking about, you know, police budgets. I mean these are things that are critical to our services that we give to our residents. You know, this threat has had a tremendous consequence for us. And they're -- and the County's withholding $500 million, and I think that's Commissioner Diaz de la Portilla's pocket item, $500 million. And we don't have any -- and now they're trying to charge us an extra $120,000 for something that -- you know, as far as I know, this is the first time I've ever heard in the 11 years that I've been an elected official. It's the first time I've ever heard that the County is charging us for an additional item. I've never heard of it before. I'm not saying it hasn't happened. I'm just saying I've never heard of it. And by the way, I'm sure if it had been brought to our attention City of Miami Page 41 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 earlier, we would have fought it earlier, because it makes absolutely no sense that the County would charge us for that. Commissioner Diaz de la Portilla: Mr. Chair? Chair Hardemon: You're recognized, Senator. Commissioner Diaz de la Portilla: Yeah. And I agree with the Mayor. Look, democracy really doesn't have a price. So if we have to pay 120, and it's sort of a price -gouging thing going on here with the County, we pay the $120, 000. But I think to have this on the ballot on August 18 is important. I think I agree with the Mayor that perhaps Mayor Gimenez -- he didn't say it, but I will -- is really, really -- you know, really kind of stopping the will of the people to have these things happen at Miami International Airport to protect the safety of all Miami -Dade Countians. But, you know our responsibility to Miami is first thoughts. So I agree with the Mayor that this is something that should be on this ballot that we should move forward with it. I do think that we should have a better negotiator than Mr. Hannon negotiating that price. So perhaps just -- no, Todd, that was just a joke. But I think we should actually negotiate a better price and see what deal we can get for Miamians. But I think that whatever the cost is, you know, I think it's important that we can forward the will of the people, and let them decide. If we're wrong in what we're doing, and if believing the people that they should be happy in Miami International Airport, and the people will tell us. And if we're right, they'll tell him. They'll tell Mr. Gimenez that this should be happening; it should have been happening from the beginning, from the beginning of this crisis. Commissioner Carollo: The reason I brought the price factor up for discussion beforehand, because I don't want to push anything before this Commission unless you know all the facts, and particularly during trying times like this. The health and safety of our residents, though, has no price. And like the Mayor, and Commissioner Reyes, and Diaz de la Portilla, and I think, really, all of you have stated, the State doesn't pay, Federal Government doesn't pay, and the Mayor very articulately brought out the fact that, hey, we pay taxes to the County, also; not just to the City of Miami and the School Board. We also, as City residents, pay to the County. What do we get for that? I think the issue should be, how can they just give us a price, what it's going to cost, and not really give us true information, if there is an additional cost? And why isn't that covered with the taxes that we pay? But I think this is one of those issues that we might want to give instructions to our City Attorney, and come back if it can't be resolved that we might want to challenge the County on, because, you know, it's not a matter that we want to do whatever we please. It's a matter that we pay the County a lot of taxes as a whole from the City of Miami. Our downtown Brickell Avenue, I mean, the downtown of Miami -Dade County is downtown Miami. The financial center of Miami -Dade County is Brickell Avenue, in the City of Miami. These are some of the biggest tax bases that the County has. And what we're getting are more bills for something that they don't charge from where we see the State, nor the Federal Government, and we're going to be charged for. And I think -- look, we all know there's no way in the world that the printing, even if it went into another page, would be anywhere near the amount that they're trying to charge us. So I just -- before we even get into the question if we want to move forward, we submit to this body, that this is one that if we can't negotiate in good faith with the County, because they don't want to, then this is one that, you know, we should look at, you know, letting someone else decide, you know, who's right or who's wrong, you know. Where's the beef. Show us the proof that it's going to cost you that and how it's going to cost you that. But having said that -- Chair Hardemon: Are you saying you want to continue this item to another meeting while we do that negotiating? City of Miami Page 42 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Commissioner Carollo: We can't. And Commissioner, let me tell you why: Because if we're going to put it on the ballot in August, the last day is tomorrow, so we couldn't even call a special meeting, because there's no time for it. It would have to be (UNINTELLIGIBLE). You know, I'm very flexible as to the will of this body. The -- you know, I'd just like for the City Attorney, though -- I don't know if it was the City Attorney or the City Manager -- that had some information as from -- I think the Federal Administration as to -- Nls. Mendez: The City Manager was -- office had been speaking to the FAA (Federal Aviation Administration). Commissioner Carollo: Yeah. Mr. Manager, the County has been saying that this is the latest turn, starting many different versions of why they couldn't do this. The latest one is that, oh, they don't have the authority; only the FAA has the authority. What have you gotten from them that -- you know -- shows who really has the authority, and who doesn't? Art Noriega (City Manager): We have an email from the FAA from Bristol Richie, and I'll read it out loud so that you can get the information directly, and I'm happy to forward it to you. But it basically says the FAA would not determine who has the local authority to implement screening measures for COVID-19. That is an internal local issue. The only time that the FAA would get involved in enforcement is if there is a Federal mandate or law that is being violated. Commissioner Reyes: Can you translate that into layman's terms? Mr. Noriega: The, quote, local authority has the option to screen if they so please, and that's -- Commissioner Reyes: So the local -- so Dade County -- let me get it straight. So all the information that I've been receiving has been contradictory. I mean, it's just like you don't know who's on first and who's on second, you know. And all the information that has been that the local authority, they don't have the -- it's redundant -- but the authority to screen anybody that comes out of an airplane, you see? That -- but we have the authority of -- our places have the authority of screening before they board the airplane, is -- it -- the point of boarding is the one that they are being -- conducting those tests. And I want to make sure that if we are -- whatever we're going to do, if we are going to have either a resolution, or a straw ballot to know the opinion and we all know what the opinion and the result, what's going to be. And I know that people in the City of Miami, they all want to be protected as much as they can. And you place this on the ballot, and you know that it's going to pass by a substantial amount; that it is directed to the proper authority that could implement that testing. That's my only concern; that should be directed to the authority that is going to implement -- that is -- I mean -- or the institution that has the authority of implementing testing on people, that they are leaving the airplane and coming into our airport. I want to know, because if we direct this to the County and the County doesn't have it, we are wasting our time. Let's -- if it is the Federal Government, let's go after the Federal Government, and direct the results of this if we vote in favor of placing this on the ballot that the results of the -- of this straw ballot of the people's opinion or whatever the people want that it is directed to the proper authority. That is my only concern about this. Commissioner Carollo: Well, it's clear from what the FAA sent the Manager that it is the local authorities that have the authority. We don't have it, because we don't own the airport. As the County Mayor told our Mayor through the news media, he has the authority; the County has the authority. Well, this is why we're taking these steps. We tried resolutions every which way we can. And by the way, this didn't start just City of Miami Page 43 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 recently. Since the first press conference and all the additional press conferences in the first two weeks of March that this City has had, the Mayor was involved, and I think all of them, except when -- with the one that he couldn't be there, because he became a victim of the virus himself, but we were there, we have spoken about the airport from day one. And no one can deny, with all the facts and studies that have come out, that the reason that Miami -Dade County has such a high number of infections is because it's come through that airport. We have 12 and a half percent of the State's population, and we're around now 35 percent of the people that have gotten coronavirus in the whole State of Florida, and it's because of so many people that were coming through that airport. And I don't need to go through it again. I did it in the last time we met on this, on the studies that have come out, but that's the reason. Now, if we're going to be starting to open up again, slowly, my god, you would think that we would try to protect our communities as much as we can. Taking someone's temperature, or maybe asking them a few questions and letting them know if they come from a hotspot, like New York, or Jersey that they have to be in quarantine for 14 days, is not going to stop everyone that's infected from coming through; we all know that. But does that mean that we're not going to try to stop as many people as we can? If that's the case, then why does the County in its own building bought a machine that they don't even have to go up to someone and take their temperature? You just walk through, and they could tell in the screen who's got fever and who doesn't. And by the way, I don't know what they paid for it. I'm sure it's nowhere near as much the price that I've gotten from some that are American made or Israeli made. I'm sure theirs are in China, like some of the other things that they're -- you know, go in China. I'm not saying that this is part of that trip that they negotiated with there, but I'm sure that that's a Chinese one. But I started doing some numbers without having all the facts I would like to have, but out of approximately 50 million passengers that we get through the airport, even if we were to just charge 50 cents more on an airline ticket, that we would add it, that'd be $25 million. That would be more than enough for what we would need for the same type of equipment, only better; American -made or Israeli -made that the County has in their building, and personnel to run these machines throughout the whole airport, and we would have money to spare. So it's not a great amount of effort to do. And you know who's asking for this, too? It's not us. The City Commission of Miami won't. But, in fact, it's the body that represents the airline industries and major airlines. They're asking right now and having negotiations right now with the Federal Government, because they want this to be implemented, not just in Miami International Airport, but through the whole nation, because they know that if they don't have something at least like this in place before a vaccine comes forward, they're going to have a heck of a problem convincing people to get into an airplane and travel anywhere. So I don't know why the County is fighting something that should be logical that we should all be together on. And it just seems that each time that one of their excuses is knocked down in public debate in the media, they try to come up with a different one. Commissioner Reyes: Yeah. Mr. Chair? Chair Hardemon: Commissioner Reyes. Yes, you're recognized. Commissioner Reyes: Yes. I agree with you, Commissioner Carollo, that the airline industry is asking for this and -- but the other way around is at the point of boarding. I am, as a passenger, I would like to know that people that are boarding that plane, that they are checked, you see. And I think that it should be implemented in every single airport. Commissioner Carollo: Commissioner, you're absolutely correct, and that's the ideal situation that should be implemented. Commissioner Reyes: Yes, sir. City of Miami Page 44 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Commissioner Carollo: And I agree with the airline industry nationwide. Commissioner Reyes: Yeah. Commissioner Carollo: But we don't have control of that. Commissioner Reyes: Yes, we don't. Commissioner Carollo: What we're trying to do at least is take action in what we could have some say-so in the people that are coming before they're let out of our airport (UNINTELLIGIBLE) fever, and they could (UNINTELLIGIBLE) infected with the coronavirus to be able to do something beforehand. But the ideal situation would be that this is happening before they come -- Commissioner Reyes: Absolutely. Commissioner Carollo: -- in another part of the country. Last, but not least, it represents another challenge, and that's on international flights; that we would have to make sure that foreign countries all are going to do it before people get in airlines; otherwise, on the international flights, we would have to be waiting for them as they come out, because right now -- and the Mayor knows it, because he's received emails from people that came from international flights, complaining. I received phone calls Commissioner Reyes: Me too. Commissioner Carollo: -- from people that have come from international flights, from Ecuador, from Mexico, from Spain, and no one was screening them. No one, absolutely no one was screening them. And I was told in some instance that half the people didn't have masks, people were on top of each other getting in line to be processed to come and enter the US (United States) oicially. So these are some of the factors that are out of our hands. This is why we're trying to at least concentrate on the only thing that we could have some say-so on. Commissioner Reyes: Specifically -- through the Chair. Specifically, what we will be asking is that the -- anybody that gets to the Miami Airport should be tested for their temperature, and in order to do that, I don't -- you are suggesting that we don't use the -- the thermometer; a person with a thermometer. That has to be, because that could be almost impossible you see. One by one by one by one, a thousand (UNINTELLIGIBLE), and you want these machines that I don't know how much it cost, that they will be placed at every exit of the airport. Commissioner Carollo: Commissioner, (UNINTELLIGIBL) that expensive. Now, maybe through the County's lobbyist, they will become very expensive. But I assure you they can find the machines that are better than those. They could give you -- Commissioner Reyes: That -- I'm just make -- getting -- Commissioner Carollo: -- (UNINTELLIGIBLE) besides the coronavirus, we'd be able to tell if anybody's bringing any weapons; both. Commissioner Reyes: Okay, well, I want to be very, very clear, specifically what we're voting on and what are -- we are requesting, because, I mean, if we're going to request that everybody be tested, you see, I want everybody to know whether they are, because I don't want people to think that they are going to be tested with the probe for coronavirus. It's just going to be if they have the symptoms of sickness. City of Miami Page 45 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Commissioner Carollo: The only thing that we're asking here is for temperature checks -- Commissioner Reyes: Okay. Commissioner Carollo: -- because I will tell you now, there are not enough reliable kits anywhere that we could even cover people coming through Miami International Airport, those 15-, 10-minute tests, let alone the whole country. There's just not enough. And first of all -- and secondly of all, they're very unreliable, and the reason is that most come from China, so they're very, very unreliable. And I know, because I've tried all over the place to get some. In fact, the ones that the County are -- I paid 17 bucks for in that UM (University of Miami) study. I could have ended up getting them probably for about 4.50; it started around 9, and they were down to 4.50. But they were unreliable, so what's the use in getting them? And it was a double test to tell you if you had had it before and didn't know, or if you had it now. But if they're unreliable, what's the use? And that's why the Federal Government, I believe, has steered away from that so far until we get American -made companies, Europeans, Israelis to come up with something that is reliable in doing that kind of testing. So that's-- that can be done, because that would be ideal. And that's what probably the airline industry would want to implement worldwide. What we're asking for is for temperatures to be taken, and any other process. If they want to ask -- or give people literature if they're coming from certain parts that are hotspots; that they're going to be in 14-day quarantine, give them the literature. You can certainly have the lines quickly, and take the temperature with the temperature gun, but you don't have to do that when you could do it with those machines that the estimates that that I've gotten is around $25, 000 for each of those machines, by the way. Commissioner Reyes: And how many was the airport would need about out there? How many doors do they have? Commissioner Carollo: Well, look, the airport -- I don't know how many concourses they have, but I'm sure that you're not going to need more than 150 of those machines, because you don't -- Commissioner Reyes: A hundred and fifty. Commissioner Carollo: Because (UNINTELLIGIBLE) from the planes in the arrival - - you could be backed up more where all the different planes that arrive in a concourse, then you just get people coming from there. But this is not something that the expense part is out of the question. On the contrary, I just gave you an example that even if they want to charge, it's 50 cents more per passenger. Maybe all it takes is 25 cents more. But 50 cents more per ticket, they could have enough money eventually for all that through the passengers that we have. Chair Hardemon: Mr. Mayor, Mr. Mayor, you're muted. Mayor Suarez: Sorry. I wanted to say one thing quickly: They have $500 million from the Federal Government, and they're already procured these machines for their own buildings, right? So I think -- I don't think there's anything that would preclude them from sharing that information with the Department of Health; the Department of Health, for contact -tracing purposes can contact them, can ask them to come in and get tested. But that's how I got tested, and the Department of Health called me and said, "Hey, we think you should get tested. You were in close proximity with someone who was positive. " They could say, you know, "We got a temperature reading and we think you should get tested, " and that's a -- it's a more powerful way to do contact tracing in our community. So I mean, I think there's a myriad of different things, and they have $500 million. So, I mean, you know, and they have the technoloU there, so City of Miami Page 46 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 it's not like -- we're not asking them to invent money or invent technology that doesn't already exist, and just share -- get the information, share it with the appropriate health authorities; let them handle the rest. Commissioner Reyes: I have some information here that I want to share with you guys that I just received. Hello? Chair Hardemon: We're listening to you. Commissioner Reyes: Yes, yes. I just received some information about the places that we have those machines, and it's Miami -Dade Police Department, Caleb Center, Children's Courthouse, Election Building, Government Center, Miami -Dade Corrections, Overtown Transit Village, Overtown Transit Village, Richard Gerstein Building, West Dade Community Center, West Lot Building. And I also have the name of the person that is selling -- I don't know where they come from, but I know how it works. Now I have an idea of what Commissioner Carollo is asking for, which is -- there is -- it's like a ray, you see, that portrays, and when you pass through a checkpoint, I mean, that is like a beam that not is -- it is quite, quite, quite impressive. And the company is R-S-T-E-C-H And I don't know, it's Greg Parks, Senior Vice President. And it comes from Lombard, Illinois. That's what the County is using. I just got this information. And, you know, Commissioner Carollo, you have a good point here. Commissioner Diaz de la Portilla: Commissioner Reyes, let me interrupt you. Greg Parks happens to be a lobbyist. Commissioner Reyes: Oh, yeah? Well, I don't know. I don't know. Commissioner Diaz de la Portilla: It's pretty interesting. Commissioner Reyes: Remember that -- Commissioner Diaz de la Portilla: Excuse me. Thank you. Commissioner Reyes: -- I am not so knowledgeable about -- besides the City of Miami, whose is lobby, wherever they are, you see. But thank you for the information, but I --you know, this is a great point. This is a great point. Okay. Chair Hardemon: So what's the action that we're requesting with RE.3? Commissioner Carollo: Madam City Attorney, could you read the straw ballot question that we're proposing? Ms. Mendez: Yes. "Would you support requiring the Miami -Dade County Mayor, who has authority over the Miami -Dade County Aviation Department to start a program to screen all passengers arriving at Miami International Airport for the COVID virus until the declared state of emergency expires?" Commissioner Reyes: But Madam -- this is going to be only for the -- until the COVID expires, or the -- because once you place it, this is permanent, you see. And what other type of screening they -- can they do? Because if there is going to be this investment, I believe that it should have additional benefits. As a matter of fact, we should have -- I believe that we at the AMC (Miami Riverside Center), we should have something like this, you see, in our building. And you said also on the -- in the other buildings that they are City -owned. But I want to know if -- because if the benefits will last longer than this pandemic, you see, if the -- if the investment warrants the benefits. City of Miami Page 47 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Ms. Mendez: Right now, we drafted it as the declare state of emergency, because it goes in line with the Governor's order that the local agencies are supposed to be working with airports in order to have this type of screening and quarantining, so that is how we drafted it that way. It doesn't look like the declared state of emergency is going to end any time soon. But with that said, it could be longer; it is up to you to decide ifyou want a different timeframe. Commissioner Reyes: No, but that's -- the airport is the one that is installing it, and if they install this around -- Ms. Mendez: I would assume that if they install it, they will use it. But that's how it's drafted right now. Commissioner Diaz de la Portilla: I just want to make -- Commissioner Carollo: In fact, when Governor DeSantis -- Chair Hardemon: Commissioner Carollo, let me call upon the Senator first, and then you, Commissioner Carollo. Commissioner Diaz de la Portilla: Yeah, this goes -- actually, it goes to Commissioner Carollo. Perhaps we don't want to limit the question on the ballot, and we just want to get rid of the part that says, "During a declared emergency, " and just leave it open-ended, just for them to do it, because we don't want to have some legal problem later on that, you know, that they can't continue to do it. Commissioner Carollo: I have no problems in doing it that way. This is just a straw question. Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: Yeah. It's not binding anyway. Commissioner Carollo: (UNINTELLIGIBLE) training. Commissioner Diaz de la Portilla: It's not binding? But why don't (UNINTELLIGIBLE) this pandemic may return, you know? Commissioner Reyes: Yes. I hope it doesn't. Commissioner Carollo: I will tell you that throughout my past years -- and I'm talking particularly in the last 10 years -- that we've had different types of flus -- the SARS (Severe Acute Respiratory Syndrome) and what have you. In my travelling to other places around the world, they had different types of machines to be able to tell if people had fever or not, and particularly very poor countries -- some that here in the US, we call third -world countries -- they had them. They're using them now to tell if people have fever, but the first world is not using them. Amazing. But these machines will be able to be used for any kind of flu, or anything that will come in the future beyond this pandemic to tell if people had fevers. In fact, you know, if it's combined with some of the others that can tell at the same time, if someone is carrying a gun, it's even better. But the company that you mentioned, it's one of --you know -- several in the US. There are many of these firms worldwide from Germany and from Israel, and, of course, many from China; that they're shopping everything they can. But somehow, they were prepared for this. Amazing -- Commissioner Reyes: Yes, but -- City of Miami Page 48 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Commissioner Carollo: -- (UNINTELLIGIBLE) third world, but they were. Commissioner Reyes: -- although I personally, personally, although I think that it's not infallible, because if you are --you have a fever, you know that you're going to be tested. You get out of the plane, you take a couple of Tylenols, and by the time you get here, you don't have any fever. But that can happen all the time, you see. Okay? That is something that I don't think that they are infallible, but it's a help. Commissioner Carollo: Nothing is, Commissioner. But -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- most of these fevers are high enough that they'll lower the fever, not necessarily take it away. In some case -- Commissioner Reyes: It will lower it. It will lower it. Yeah, it will lower it. Okay. Nls. Mendez: Commissioners, then I just wanted to clarify. If this item is going to pass, I will remove, "until the declared state of emergency expires. " I'll leave it open- ended. And then since you also advised that you'd like for the Manager --I believe you said for the Manager to negotiate the cost. Is there any "up to" amount that you'd like to put so that it could be resolved without coming back to Commission before tomorrow? Commissioner Reyes: I mean, I don't think that we should be paying the printing and advertising what I have here, and -- I don't know. I don't know -- I question all the -- I mean, I guess every one of you Commissioners, you have an itemized cost, because this was after -- we asked for it after -- Commissioner Carollo: I don't have it, by the way. I'm -- Commissioner Reyes: But I did ask --from the Finance Department I asked, and I did ask --from Sandra I did ask, because I wanted to see what was going on, you see, and if I -- maybe it is the old economist in me that I want to see what every month a penny comes from and where it goes. Okay. Ms. Mendez: If you want, Commissioner Carollo, I could tell you for the --for 2018 - Commissioner Carollo: Madam City Attorney, look, I think we discussed the dollar and cents. I think the Commission is in agreement that we shouldn't be paying anything. Commissioner Diaz de la Portilla: Correct. Commissioner Carollo: We should vote on it and then the Manager can come back to us. And if they're insisting in charging us this and they can show us that they're really spending it, then you could bring it back to the Commission so we could decide what action we might want to take or not take with the County. Ms. Mendez: Okay. Commissioner Reyes: Okay. And we are assured that according to the notification received by the City Manager that the Airport Administration and the local authority has the authority to implement all these screenings. Is that right, Madam City Attorney? City of Miami Page 49 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Ms. Mendez: Yes. The FAA said that they don't handle it -- Commissioner Reyes: Yes. I -- because I -- Ms. Mendez: -- and then that the local level needs to handle it. We don't have authority to enter -- Commissioner Reyes: No. Ms. Mendez: -- the airport and just put up monitors, so it would have to be the airport. And in compliance with the Governor's order, back when the Governor passed his airport order on Emergency Management Order 2080 back in March 23, he advised that the State was supposed to be working with the airports to make sure that the airports -- the local authorities -- Commissioner Reyes: Okay. What -- Ms. Mendez: -- did something about screening. So -- Commissioner Reyes: -- I don't want, what I don't want to direct this question to somebody that doesn't have the authority, okay? I want to make sure that we are directing this question to the institution that has the authority of implementing it. Nls. Mendez: Right. The FAA is -- Commissioner Reyes: And that's just my only concern. Ms. Mendez: Right. The FAA isn't doing it, which was the misinformation that was given to you. Commissioner Reyes: Yes. Ms. Mendez: The FAA does not do it. So it has to be -- Commissioner Reyes: Okay, fantastic. Nls. Mendez: --the airport. Commissioner Reyes: I have nothing against them. Okay. Commissioner Carollo: Okay. I so move the -- Commissioner Diaz de la Portilla: I'll second. Chair Hardemon: It's been properly moved and seconded to adopt RE.3 with the amendments that were made. Commissioner Russell. Vice Chair Russell: Just a question for clarity. So if the Manager's not able to negotiate a lower price, does it come back to us, or we're just going to go forward with it and pay? Commissioner Carollo: It's the last day. We either put it -- vote to put it in (UNINTELLIGIBLE), or we don't have any more time for August, because tomorrow is the last day that we had to give this to the County. Vice Chair Russell: Could we move forward and then, as you mentioned earlier, Commissioner Carollo, you could potentially challenge the fee itself -- City of Miami Page 50 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Commissioner Carollo: That's correct, Commissioner. Vice Chair Russell: -- but we're moving forward with the question. Because I'm certainly in support of the question, but I -- as we all know, we're watching our dollars right now to make sure we preserve our general fund for our employees, especially. Commissioner Carollo: Absolutely. Vice Chair Russell: But I'm certainly in support of the initiative, so I'll vote, 'yes." Commissioner Carollo: Thank you. Chair Hardemon: Hearing no further discussion, all in favor of the measure, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? The motion carries. Commissioner Reyes: Okay. Chair Hardemon: Okay, BU.1. Commissioner Carollo: Mr. Mayor -- excuse me, Chairman. Chair Hardemon: Yes. Commissioner Carollo: Is there anything else that --? Chair Hardemon: There is a pocket item, sir. Commissioner Carollo: -- would like for me to be here to vote on something? Because I have something that I have to step out that has to do with my district, and people getting food. But I just wanted to say I'd lost track of time now. If there is anything that any one of you would like for me to present, I'll try to be here for. Commissioner Reyes: Commissioner Carollo, I want to thank you on behalf of the people from my district that have been benefiting from your food distribution too. Commissioner Carollo: Well, thank you, Commissioner Reyes. And by the way, thank you for DDA (Downtown Development Authority) helping for the initiative that we're going to be having on Saturday. Commissioner Reyes: Yes, sir. Commissioner Carollo: I don't want to announce it too early, but we're going to have a major celebration for first responders on Saturday evening. I think it's going to be the first in the nation of how we're going to be doing it. The Manager will inform all of you by tomorrow morning. And we're doing it this way, because we don't want people to be coming and congregating if they hear about it too early, so the Manager will contact you about it tomorrow and let you know on it, but you all are going to be invited to it. And it's -- I think one of the biggest ways that we can say "thank you" to our first responders. Commissioner Reyes: That's a great idea. Commissioner Carollo: Thank you. City of Miami Page 51 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Commissioner Reyes: Happy to assist. Commissioner Carollo: Thank you. Commissioner Reyes: Happy to assist. Chair Hardemon: Thank you, sir. END OF RESOLUTIONS City of Miami Page 52 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 EM - EMERGENCY ORDINANCES EMA ORDINANCE Emergency Ordinance 7444 (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI City Manager's CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE Office VOTE, RETROACTIVELY TOLLING AND SUSPENDING ALL APPLICABLE DEADLINES AND TIME PERIODS PRESCRIBED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AS WELL AS RESOLUTION NO. R-20-0015 RELATING TO THE MIAMI 21 REPORT AD HOC TASKFORCE, INCLUDING BUT NOT LIMITED TO, DEADLINES AND TIME PERIODS PERTAINING TO PUBLIC HEARINGS AND DECISIONS MADE BY LEGISLATIVE BODIES, QUASI-JUDICIAL BODIES, ZONING ADMINISTRATORS, THE DIRECTOR OF PLANNING, THE BUILDING DIRECTOR, THE BUILDING OFFICIAL, OR OTHER CITY OF MIAMI OFFICIALS, INCLUDING EXPIRATION DATES FOR UTILIZATION OF EXISTING APPROVALS FOR THE DURATION OF THE LOCAL STATE OF EMERGENCY DECLARED BY MAYOR FRANCIS X. SUAREZ ON MARCH 12, 2020 PURSUANT TO THE AUTHORITY GRANTED TO MUNICIPALITIES BY SECTIONS 252.38, ET SEQ., AND 501.160, FLORIDA STATUTES, AND EXECUTIVE ORDER NUMBER 20-114 EXTENDING EXECUTIVE ORDER 20-52 PROMULGATED BY GOVERNOR RON DESANTIS ON MARCH 9, 2020, MORE SPECIFICALLY, SECTION (4)(D)(1) WHICH PROVIDES THAT EACH MUNICIPALITY IN THE STATE OF FLORIDA IS AUTHORIZED TO WAIVE THE PROCEDURES AND FORMALITIES OTHERWISE REQUIRED OF THE POLITICAL SUBDIVISION BY LAW PERTAINING TO THE TAKING OF WHATEVER PRUDENT ACTION IS NECESSARY TO ENSURE THE PUBLIC'S HEALTH, SAFETY, AND WELFARE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13902 MOTION TO: Adopt as an Emergency Measure with Modification(s) RESULT: ADOPTED AS AN EMERGENCY MEASURE WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record. Item EM.1 passed as an Emergency Ordinance with two roll calls. For minutes referencing Item EM.1, please see "Public Comment for Allltem(s). " Chair Hardemon: Madam City Attorney, can you read into the record EM.1 and EM.2, please? Victoria Mendez (City Attorney): Mr. Chairman, for the emergency ordinances, there are some changes. So for EM.1, you received a substitution, and basically, it's C by of Miami Page 53 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 including language that has to do with Miami 21, and that is not concurrent. But the additional amendment that I need to make on the floor is that it will not -- this emergency ordinance shall not apply to Code Enforcement cases, those types of cases that are going through the Code Enforcement process, because they already have built- in stays when they're requesting extensions of time, and this would be an additional stay. So we're making that amendment that was requested by one of your colleagues with regard to this ordinance -- Chair Hardemon: Okay. Ms. Mendez: --for EM.1. Chair Hardemon: So can you read it into the record, pls? Ms. Mendez: Yes. Remember, Chairman, that we're going to read this title once, vote, then read it again and vote. Chair Hardemon: Yes. Nls. Mendez: And Mr. Min will do it since he reads faster than I do. Barnaby Min (Deputy City Attorney): Thank you, Madam City Attorney. The Emergency Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Hardemon: Is there a motion to approve EM.1 ? Commissioner Reyes: Move it. Chair Hardemon: Seconded by the Chair. Nls. Mendez: Remember this is a four -fifths vote; 4/5ths, so we need four. Commissioner Reyes: We have four here. Okay. Commissioner Diaz de la Portilla: So I have to vote, 'yes," right, then? That will be four? Nls. Mendez: I'm bad at math but I think so. Chair Hardemon: Any discussion? Commissioner Diaz de la Portilla: Let me think about it. No, okay, yeah. We'll work with this one. Yes. Chair Hardemon: Seeing no further discussion, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. And can we --? And then you have to do it again. Go ahead. Ms. Mendez: Yes. Mr. Min: Yes, sir. City of Miami Page 54 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Commissioner Reyes: Move it. Chair Hardemon: It's been properly moved Seconded by the Chair. All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. EM.2 ORDINANCE Emergency Ordinance 7442 (4/5TH VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY Office of the City COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE Attorney VOTE, TEMPORARILY MODIFYING CERTAIN SCHEDULING, PROCEDURAL REQUIREMENTS, AND TIMING REQUIREMENTS UNDER SECTION 2-32(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE MANNER AND REQUIREMENT THAT ANY PARTIES AND PARTICIPANTS, INCLUDING MEMBERS OF THE GENERAL PUBLIC, ARE SWORN IN FOR ANY PLANNING AND ZONING ITEMS AND QUASI- JUDICIAL HEARINGS DURING THE DECLARED LOCAL STATE OF EMERGENCY FOR THE NOVEL CORONAVIRUS ("COVID-19") PANDEMIC; MAKING NECESSARY FINDINGS; PROVIDING FOR AN EXPIRATION DATE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13903 MOTION TO: Adopt as an Emergency Measure RESULT: ADOPTED AS AN EMERGENCY MEASURE MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record. Item EM.2 passed as an Emergency Ordinance with two roll calls. Chair Hardemon: Let's go ahead and read EM.2 into the record, as well. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Hardemon: Is there a motion to approve? Commissioner Diaz de la Portilla: Moved. Victoria Mendez (City Attorney): This one is also a four -fifths. Chair Hardemon: It's been properly moved. Seconded by -- Commissioner Reyes: Second. City of Miami Page 55 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Chair Hardemon: -- the Chair. Todd B. Hannon (City Clerk): My apologies. Madam City Attorney -- sorry, Chair -- does this need to be amended, as well, EM.2? I'm sorry. MS. Mendez: EM.2, there is -- no, no amendment. Did you show it as an amendment, that it had an amendment, Mr. Clerk? Mr. Hannon: No. I just -- I thought I saw a notation where EM.2 was also distributed as a substitution, but I could be wrong. Ms. Mendez: Give me one second to confirm that. I do not believe so. Barnaby Min (Deputy City Attorney): I don't believe so. Mr. Hannon: My apologies. Chair Hardemon: No problem. So is there any discussion on the item? Hearing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Mr. Hannon: The seconder I have for the motion will be you, sir? Chair Hardemon: That's fine. Mr. Hannon: Understood. Mr. Min: Should I read it again, Mr. Chairman? Chair Hardemon: Please do so. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Hardemon: Is there a motion to approve? Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Second. Chair Hardemon: It's been properly moved and seconded. All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. END OF EMERGENCY ORDINANCES City of Miami Page 56 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 SR - SECOND READING ORDINANCE SR.1 ORDINANCE Second Reading 7338 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED ("CITY CODE"), TITLED "FLOOD DAMAGE PREVENTION;" MORE PARTICULARLY, BY AMENDING SECTIONS 20-1, TITLED "DEFINITIONS," SECTION 20-3, TITLED "DEVELOPMENT IN EITHER SPECIAL FLOOD HAZARD AREAS, OR NONSPECIAL FLOOD HAZARD AREAS," AND SECTION 20-4, TITLED "DEVELOPMENT WITHIN SPECIAL FLOOD HAZARD AREAS", TO CODIFY THE NORTH AMERICAN VERTICAL DATUM OF 1988 ("NAVD 88") AS THE APPLICABLE VERTICAL DATUM FOR THE PURPOSE OF ADMINISTERING THE CITY OF MIAMI'S ("CITY") FLOOD DAMAGE PREVENTION REGULATIONS; FURTHER AMENDING CHAPTER 29 OF THE CITY CODE, TITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS;" MORE PARTICULARLY, BY AMENDING SECTION 29-81, TITLED "DEFINITIONS," SECTION 29-82, TITLED "PURPOSE OF ARTICLE," SECTION 29-83, TITLED "PERMITS FOR WATERFRONT IMPROVEMENTS —REQUIRED," SECTION 29-84, TITLED "SAME —APPLICATION", SECTION 29-89, TITLED "DESIGN," SECTION 29-91, TITLED "CONSTRUCTION," SECTION 29-92, TITLED "MATERIALS," SECTION 29-93, TITLED "REVIEW OF PLANS; DUTY TO INSPECT," SECTION 29-94, TITLED "PROCEDURE FOR INSPECTIONS," AND SECTION 29-95, TITLED "MAINTENANCE," TO ESTABLISH NEW STANDARDS FOR THE CONSTRUCTION, RECONSTRUCTION, AND REPAIR OF SEAWALLS AND BULKHEADS; ESTABLISHING A NEW MINIMUM HEIGHT OF SIX FEET (6') NAVD 88 FOR NEW AND RECONSTRUCTED SEAWALLS AND BULKHEADS CITYWIDE; PROVIDING FOR A VARIANCE PROCEDURE FOR SUCH ELEVATION REQUIREMENT; PROVIDING FOR A DEFINITION AND PERMITTING CONSTRUCTION OF LIVING SHORELINES; IMPOSING A DUTY ON PRIVATE PROPERTY OWNERS TO MAINTAIN SEAWALLS AND BULKHEADS IN GOOD REPAIR AND TO PREVENT TIDAL WATERS FROM FLOWING OVER OR THROUGH SUBSTANDARD OR DAMAGED SEAWALLS OR BULKHEADS TO ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY; PROVIDING FOR ENHANCED PENALTIES FOR PROPERTY OWNERS THAT FAIL TO DO THE SAME; PROVIDING FOR A WAIVER OF FEES FOR RECONSTRUCTION OF SUBSTANDARD OR DAMAGED SEAWALLS UPON FURNISHING OF PROOF OF FINANCIAL HARDSHIP; PROVIDING FOR COMPLETE MITIGATION OF CODE COMPLIANCE FINES FOR PROPERTY OWNERS WITH SUBSTANDARD OR DAMAGED SEAWALLS OR BULKHEADS FOUND TO BE IN VIOLATION THAT UNDERTAKE STEPS TO CORRECT THOSE VIOLATIONS WITHIN THE TIMEFRAME FOUND HEREIN; CREATING A NEW SUBSTANTIAL REPAIR THRESHOLD THAT PROVIDES FOR SEAWALLS AND BULKHEADS TO BE RECONSTRUCTED TO PRESENT SPECIFICATIONS PROMULGATED BY THE Citv ofMiami Page 57 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 DEPARTMENT OF RESILIENCE AND PUBLIC WORKS UNDER CERTAIN QUALIFYING CIRCUMSTANCES; MODIFYING THE MINIMUM REQUIREMENTS AND INFORMATION REQUIRED FOR PERMITS IN CONNECTION WITH THE CONSTRUCTION, REPAIR, AND RECONSTRUCTION OF SEAWALLS AND BULKHEADS; AND PROVIDING FOR THE COMPLETE MITIGATION OF FINES FOR VIOLATIONS RELATED TO THE DISREPAIR OF SUCH IMPROVEMENTS UPON ADHERENCE TO CERTAIN PRESCRIBED TIMEFRAMES; FURTHER AMENDING CHAPTER 54/SECTION 54-46 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS/AGREEMENT AND BOND AS TO PAVING AND OTHER IMPROVEMENTS BY PERSONS SUBMITTING PLATS, REPLATS, ETC., TO COMMISSION," TO ESTABLISH A NEW MINIMUM HEIGHT OF SIX FEET (6) NAVD 88 FOR NEW AND RECONSTRUCTED SEAWALLS AND BULKHEADS FOR APPLICABLE PROPERTIES SUBMITTED TO THE CITY'S EXISTING PLATTING PROCESS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record. Item SR.] was continued to the June 25, 2020, City Commission Meeting. For minutes referencing Item SR.], please see "Public Comment for All Item(s) " and "Order of the Day. " END OF SECOND READING ORDINANCE City of Miami Page 58 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 FR - FIRST READING ORDINANCES FRA ORDINANCE First Reading 7440 AN ORDINANCE OF THE MIAMI COMMISSION, WITH Commissioners ATTACHMENT(S), AMENDING CHAPTER 25, "HUMAN and Mayor RELATIONS;" MORE PARTICULARLY, BY CREATING ARTICLE II, TITLED "LARGE GROUP FEEDINGS," AND CREATING SECTION 25-25, TITLED "REGULATIONS FOR STREET AND PUBLIC LARGE GROUP FEEDINGS," TO CREATE REGULATIONS FOR THE USE OF CITY OF MIAMI STREETS AND PUBLIC SPACES FOR LARGE GROUP FEEDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes NAYS: Russell Chair Hardemon: RE.3. Victoria Mendez (City Attorney): Chairman, if we can hold off on this item -- it's sponsored by Commissioner Carollo -- until he arrives. Chair Hardemon: We don't have much an agenda left. So let's read FR.1 into the record, please. Commissioner Reyes: FR.1. Ms. Mendez: FR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Commissioners, in briefings, I requested a potential deferral, so we can work on this a little more. But I understand that the -- Commissioner Reyes wants to go forward with this item, but it's there for you to discuss. Commissioner Reyes: Through the Chair. Chair Hardemon: Yes, you're recognized, Commissioner Reyes. Commissioner Reyes: Yes. I do understand your concern, Vicky. I do understand, Madam Chair -- City Attorney. And your concern about the Pottinger case, that it's being now is in court and under appeal. But this is only -- this ordinance, what it represents is -- what we're trying to do is we are trying to find places that the homeless could be fed, and also, we could have -- I mean, we could offer support for them. We are going to try to -- what we're trying to do is -- only because of the problem, hygiene, you see, and also for their own safety. When they are fed on the streets, you see, it's -- not only they litter the whole streets, but they are in danger, and particularly now that we have this pandemic, and we know how the viruses, they are transmitted, they are in danger of being -- get any type of disease, because I don't City of Miami Page 59 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 know if you have seen them eating on -- sitting on the curbs and eating with their hands, and hands that have not been cleaned. So what we're trying to do is -- and that's why I have talked, and I have spoken with institutions that they feed and they help the homeless. And they had agreed that this is a great idea, because this is not that we are going to be concentrating them into an area, or pushing them; that we are going to be asking them to go to a certain place where they're going to be fed, and they -- and at that place, they will be exposed to support; support from social workers, psychologists, doctors, and other institutions that will try to get them out of the streets, or help them; get them housing. Get them -- you see, there is a philosophy that it is being placed -- I mean, have been used by the Homeless Trust, which is Housing First. Well, Housing First wouldn't work if we don't have support. It has to be a comprehensive plan that has support. And what we're doing -- and I understand your concern, but this is a very good way to show and show good faith that we are willing to work with ACLU (American Civil Liberties Union). I mean, we work with anybody. Between first and second reading, we have to work with everybody so that everybody -- it has to be clear in everybody's mind that this is a humane way that we're going to treat them, and our main concern is to help them. And I welcome as a sponsor -- one of the sponsors of this solution, I welcome that we bring some churches, also, you see. We have to follow what has been done in other areas. Utah, for example, Utah had a fantastic homeless program, and they did precisely what we did, and they incorporated the churches, you see. Columbus, Ohio did the same thing, you see. And this is not that -- I mean, we are not showing here the lack of concern for the homeless or the rejection of the homeless. What we're trying to do is to develop a program that will be comprehensive, and will incorporate not only feeding, and our streets will be clean, and they won't be exposed to so much contamination. Our streets will be feeding -- I mean, will be clean, and also, where we provide them a place that they can meet, and they will have bathrooms. I would like to have not only bathrooms, I would like to have showers, and all the facilities for them to come to that place and be helped, you see. They will have support on it. And that is my -- I mean, I know that you are terrified with the perception that what we want to do is to kick them out on the streets. We are not doing that. Only at feeding time we want to do -- those people that want to come and feed, come over here. And at the same time, it's for their own benefit. But while they are here, we are going to show the support system is going to be therefor them to try to help as much as we can. Ms. Mendez: Well, Commissioner, since you suggested maybe working with the ACLU between first and second reading, is there any way that we can work with them before first reading? Contact them and -- Commissioner Reyes: But what I'm going to say before first reading -- I mean, why don't we pass this in first reading, and then we get everybody working together and (UNINTELLIGIBLE), okay? I mean, why -- I mean, this is a show of good faith, good faith. We are going to work at trying to provide the support system that they need; a support system that they need a positive impact in our homeless population and the whole population; I mean, the surrounding areas, also. But we are going to try to provide the assistance that it is needed. It is needed, you see. And in the form of social workers, and doctors, and psychologists, that everybody works together. Everybody works together, because what we're doing obviously doesn't work. What we're doing doesn't work at all, you see, at all, doesn't work. I mean, we are just throwing good money after bad money, good money after bad money, and we have been -- I mean, everybody is pulling to their own side. Let's all work together. And I talked to Hermanos de la Calle. They love this. They love this. Even the Homeless Trust will support this, you see. And I am trying to contact some churches of the area, that they will come also, and they will also work with the homeless and try to -- I mean, try to help them. But what we have -- what I want to form, it is a huge support network that will help them once they get shelter, or they get a home that they are there permanent, and they can -- at least in some time, they could reincorporate City of Miami Page 60 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 themselves into society. And I think that is our goal, and that is what we should be working for. I mean, we should be working for it. Chair Hardemon: Vice Chairman. Commissioner Reyes: And this is the thought behind this, you see. Yes, sir. Vice Chair Russell: Thank you very much, Mr. Chairman. Commissioner Reyes, I fully understand what you're trying to accomplish. I do recognize and appreciate the concept of a comprehensive feeding program, a meals program that brings the homeless to services in conjunction with the shelters -- Commissioner Reyes: Absolutely. Vice Chair Russell: -- done in the right place and in the right way and through a comprehensive system. It's a big lift to organize, but it's very important. I would not be in favor of, however, issuing citations that Code or Police could issue at $250 or $500 to individuals who go out and just try to do good. I think it could backfire on us; not only from an optical perspective, but perhaps a legal perspective, as well. And I think encouraging and steering in the right direction, the carrot is definitely the right way to go here. But the stick I think is going to have bad consequences. I think Fort Lauderdale's a good example of where that went wrong. Commissioner Reyes: Sir -- Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Yeah. Substantial studies have been done by Victoria and also by Rafael, in my office, that we are not making the same mistakes that Fort Lauderdale -- and that's why we're doing it like this. And unless you have -- rehab -- there's consequences for people that violate this, and it doesn't allow us to have that program and that system that we want to implement. And, I mean, it could come anyways. I mean, we will be doing nothing, because there are some people that they - - I mean, with all that -- I mean, they are -- they think that they're doing good and they are getting a lot of indulgences from the board for coming once a week or once every month. And wherever they see a person that is -- that looks like a homeless, they stop the car, and they hand them -- without -- I mean, we don't have even -- we cannot even have conditions of how the food was transported or anything, you see. And they hand them some food, and they eat it right there, or they throw it on the streets, you see. And that created a health hazard, you see. So we have to avoid the creation of that health hazard. And what we have to do is that we have to gear the -- I mean, get -- gear them on the feeding places where the homeless are going to receive support from -- all the support they need, and that is the only way that this program could work, because if there is no consequences -- I mean, you find people that -- oh, let's feed the homeless. And they go, they feed the homeless, okay? That is fine. You can do that. But nobody's saying -- but go to a place that it is designated where they are going to be meeting there, you see. That is, I mean, the intention. And the example that you brought from Fort Lauderdale -- and I know that substantial studies -- I mean, research has been done by Vicky and by Rafael in my office in order not to be -- not to expose ourselves to the same problem that Fort Lauderdale was exposed. Chair Hardemon: Commissioners, one of the things I will say is that there are many neighborhoods that are being held hostage right now. Commissioner Reyes: Absolutely. City of Miami Page 61 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Chair Hardemon: And they're being held hostage -- you can't -- I can't necessarily identify the people as homeless. I do know that many of these people, they're not native to that space. I do know that they are getting assistance from organizations that have seemed to me to be helping in some ways, but also meaning to aggravate government or entities that have a role in providing services to homeless individuals. And what I witnessed personally in these areas where these organizations have given, for instance, tents for people to congregate, I've witnessed drug sales. I've witnessed people shooting drugs. I've witnessed -- even when you watch many of the news coverage of it on television, the individuals that they're interviewing who they've identified as homeless, they're high. They're not, you know, in their right mind. And so, that may play well for people on Channel 7 News, but it's terrible for people who actually live in these areas. Commissioner Reyes: Absolutely. Chair Hardemon: And it's a shame, because these areas are not areas where the homeless are just -- or people who have congregated there are coming for happenstance. I mean, they're coming there because these are areas where drugs are easily bought and sold, areas where they know that once they're in that tent that officers are not checking those tents for any welfare whatsoever, and so, they're engaging in lots of illegal activities. And so, these are areas where people are paying taxes for their homes. I mean, I cannot imagine if we were on a street that is, you know, well-to-do area, that we would allow individuals to post tents on the swale of the property and stay there, use drugs, buy drugs, have sex in public, and do all these illegal activities that no one is allowed to do, not even those who are deemed homeless, and are protected through Pottinger. And so, we have to be able to do something. It is -- we cannot sit back and watch our areas where people live, where our children are now being forced to walk in the middle of the street. We have to step over needles, that they have to watch despicable conduct to be carried out, because someone is parading people who are not law-abiding citizens around as homeless. They're two different populations. And many times -- they're two different populations. And moreover, we've built a facility called the Camillus House. We've poured millions of dollars into providing shelter for people. We poured millions of dollars into providing meals for them every day, providing healthcare services, mental health services. We've done all of these things. They have a huge facility on 7th Avenue that is available to people. We have other homeless shelters, like Lotus House, Miami Rescue Mission, all these spaces that are meant to take in homeless people, feed homeless people, show care and concern for people. And these types of places don't exist in other communities. I mean, we're not talking about these things existing in Aventura, or in Doral, or in these other cities. They exist in the City of Miami. But yet, we've invited these people into our home that we built for them, such as Camillus House. We provided them hot meals. We provided them showers and we've given them a bathroom to use, but they are defecating on our front lawn, because these people -- not necessarily all homeless people -- but the people who are choosing to be on our streets and violate the laws of the City of Miami, and make living conditions terrible for people who are already fighting in these poor communities to live honorably, they're making their lives more miserable. It's one thing that -- if we're talking about someone who is causing a disturbance, or making someone uncomfortable in their living areas, you know, people walking through our communities, you know, because I witness all the time -- my mother, who was a uniformed police officer at the time, where, a neighbor -- oh, I'm sorry, not a neighbor but a resident called the police on her when she was just patrolling the streets, because they saw a black woman walking in their neighborhood. And so, we're not talking about nuisances like that, we're talking about real serious, life/ death concerns. If we're so concerned about the coronavirus and things of that nature, then why are we not concerned about the health effects of individuals who are in our communities -- of -- especially communities of color, where people are paying City of Miami Page 62 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 their home taxes, where people are -- they're utilizing every service that every other community wants to use, but they're not being able to do so in a way that is safe, and that's not fair. That's not fair by any means, and we cannot sit back on our hands and say that it's because of Pottinger. Pottinger was not created to put people who are residents in our communities at bay and put them in a position where they could be hurt, harmed, or even killed in many instances, which is what happened with a young man in Overtown when he ingested drugs that were left on a street in Overtown. That should not happen, and I think we have to become more serious about this. And Commissioner Reyes, I'll yield to you by saying this, that if we are allowed -- because we know we could feed in all these facilities that we spend hundreds -- we spent millions of dollars to build. And so, if we are allowed to then do it in other areas that we've identified, so that we can keep these spaces clean, that it's not interfering with people's homes, their driveways, their parks, the business corridors. I mean, this is where this stuff is happening. How are we going to be in the City of Miami and encourage people to live in our communities, shop in our communities, play in the communities if we're being inundated with all of these deleterious things that are happening in these neighborhoods? It just cannot occur. And so, Commissioner Reyes, I agree with you with this measure that mass feedings, large group feedings, which is what you're describing, which is an organized effort -- we're not talking about -- I mean, I've -- many times have been in those same areas, talked to an individual who was there and realized that this guy is -- he's in his right mind. He's here, and I've given them money or given them food myself. That's one person that I'm helping. But when you're talking about mass feedings, large group feedings, then we have to have some sort of organization. And I think you're right, that there should be some accountability when it comes to that, to the people who are providing the food, to the food itself, and to the conditions that those spaces are in. But we can't allow people to build apartment units on our public swales, and think that it's okay. Commissioner Reyes: Yes. Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Yes. Thank you, sir. Thank you. And I want to also -- and I got information from Rafael. And, yeah, he states that one of the problems that Fort Lauderdale had, it is that it made it very difficult to obtain a permit. And if there is any problem with the fee to obtain a permit -- I mean, we don't have any fees on obtaining a permit. It is just -- I mean, anybody can get a permit to go and feed. But if it's an organized feeding, you see, and we will have groups of 25 or something. It is not that it is -- I mean, that you're going to have 100 people there. It's going to be quite organized, and that's why we took away from -- I mean, now the locations that are specific locations, because we want the Manager to work and find locations, as you stated, locations that are in every single area that -- I mean that we are not going to load all the homeless only in one area, as I know you have in Overtown. I mean, that area is horrible what is happening over there. And what I'm trying to do is -- I don't know if it is going to work or not, but what I'm trying to do, I'm trying to take a step forward and try to develop a plan that could be supported by everybody else. And I welcome everybody to work with us -- I mean, to work together. You see, everybody -- the Homeless Trust, Hermanos de la Calle, Camillus House, everybody, everybody, churches, you see. Let's try to work together and try to have a comprehensive plan that will provide support and help to the homeless. And you see, one -- there are programs now. There's this program which is Housing First. Well, this could complement that program, you see. And everybody will be on the same page, and I mean, trying to achieve the same goal. You understand? That is what I'm trying to say, and that's what I'm trying to bring up with this -- passing this. Chair Hardemon: We have Ron Book on the phone line, as well. I know he's called in. Mr. Book, you're recognized. City of Miami Page 63 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Ron Book: Mr. Chair and members of the Commission, thank you for the opportunity. I think this proposal is a wonderful proposal. I think it goes a long way towards solving a major problem that we all have. You know, we try to balance the rights of property owners and the homeless in the community. And I agree with everything that Commissioner Reyes and Commissioner Hardemon have said about the issue of Pottinger. I am certainly well familiar with Pottinger, and I am certainly familiar with the things that Commissioner Hardemon has said about Overtown, because I've seen the same thing. I've seen the open sex on the sidewalks in broad daylight, the open shooting up of drugs, and we're trying to concentrate more efforts there. And we did some things in that area about a week ago with outreach, as well. It would be our plan to help partner up on the effort, because I do believe that making services available, engaging those folks out there, feeding, which we used to do. We had a robust indoor feeding program. We had five sites in the City, but we did them indoors, and we largely did them, Commissioner Reyes, through the Chair, with the churches. Unfortunately, over time, we lost them, and we couldn't bring them back. I think this effort will help a long way to potentially getting some indoor sites at some of those houses of worship within the City, in addition to those parking lots that you have designated. I'm sensitive to the City Attorney's -- you know -- wanting to slow down, because of the appeal, but there is nothing Commissioner Reyes has said that we don't agree with. And we do think it will help us complement our Housing First access, because the whole goal is to bypass shelter with as many as you can, and put them right into housing, making the wraparound services available. It's a big deal. The only comment I would make on the substance of it is if I thought we could go below that 25 and have it 10 or 15, I would do it. I am assuming the City Attorney has a researched reason for wanting it to be the 25. But we think this is a great step in a very positive direction. Commissioner Reyes: Thank you, Mr. Book. Thank you. And I'm looking forward working with you, and churches, and everybody else. And I think the experts -- you are one -- I mean, one main components of this program if we implement it. And thank you very much for being onboard, and I really appreciate it, and I know your commitment to the homeless case. I mean -- Mr. Book: It is. And I can tell you that, look, if you see people on the streets, you are not only putting their lives in danger with traffic, but if you eat on the street, it says it's okay to be there. So you're helping to sustain it. You're making it much more difficult for Sergio and Lazaro and the outreach teams to engage them. They dump their garbage there. It does create the health hazards you've described. The Department of Health has worked with the Trust for years, and if you will, when there is a health hazard in one of the encampments, we work collectively together, including outreach, including NET (Neighborhood Enhancement Team), including all of the groups in Miami -Dade and in the City to dismantle them, because they are a health hazard. It breeds rodents, it breeds diseases. It's a bad thing. This is a step in the right direction. Commissioner Reyes: Thank you, sir. Thank you very much. Mr. Book: Thank you. Commissioner Reyes: Thank you, sir. Mr. Book: And thank you for giving me the time, Mr. Chair and Commissioners. Commissioner Reyes: Thank you. Chair Hardemon: Thank you, sir. Was there a motion that was made? I don't have a City of Miami Page 64 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Commissioner Reyes: Well, I'm moving it. Chair Hardemon: It's been properly moved, and seconded by the Chair to approve Item FR.1. Any further discussion? Vice Chair Russell: Mr. Chair. Commissioner Diaz de la Portilla: I have a question of the sponsor. Chair Hardemon: Senator, you're recognized. Commissioner Diaz de la Portilla: Because they alluded -- Mr. Book alluded to this. It's -- right now, it's limited, what -- the language says, "25 or more people. " What's the reason why it's not 15 or 10? Commissioner Reyes: You know, this is open. I mean, 25 was a number that was picked, because we didn't want mass feeding, you see, because that mass feeding wouldn't allow you to have this contact, as Mr. Book very well stated, you see. That contact, that personal contact, it makes it more difficult, I mean, to obtain the end results that we want. But, I mean, it is open. Between first and second, if we -- I mean, the experts -- because I'm not an expert -- if the experts -- Commissioner Diaz de la Portilla: Neither am I. That's why I'm -- Commissioner Reyes: No, no, that's a good question. It's a very good question. Why 25 and not 30, you know? Why instead 15? But if the experts, they recommend that it will be more effective if we have less people. And, I mean, we're open. What we want to do is start, you see, have it start, and then we can do it. And I know that Commissioner Carollo wanted that same thing. And when -- I mean, he co- sponsored, and some of his ideas are in this resolution, also, you see. Commissioner Diaz de la Portilla: I'll second it. I'll second it. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: I think you moved it, and I'll second it. I think it's a good idea. Ms. Mendez: I can explain the number issue. The number includes the people that are being fed, and the servers. So let's say five people are serving, and they bring meals, they bring 20 meals. That's 15 homeless people and five servers. I mean you get to 20, 25 pretty quickly, so that was why the -- Commissioner Reyes: Okay. Ms. Mendez: -- number was picked. And then it's based on other ordinances, as well. But iyou want to tweak it, we can. Commissioner Reyes: What I want -- and I want this from every one ofyou, including the Mayor. I see the Mayor is present. I want your input on this. I mean, we are all on the same boat, we have this problem. This problem affects all of us; some more than others, you see, but it affects all of us. And I think that we -- I mean, what I want is everybody to be onboard, and bring your ideas or your comments, and please, I mean, we should do this together. That's what we have to do, you see, be here to -- I mean, be in it together. And thank you, Commissioner Carollo, for co -sponsoring this. I know that you have been very -- a great advocate for the people's rights. Thank you very much. City of Miami Page 65 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Commissioner Carollo: Thank you, Commissioner. I'd just like to -- if I may, through the Chair -- Chair Hardemon: Of course. Commissioner Carollo: -- ask the City Attorney this: While we're trying to do the best for all of our community -- the homeless community, our regular residential community -- there are others out there that are looking at every which way that they could make a buck out of the City of Miami by suing us for some frivolous idea or another. As you all know, we have been feeding our City of Miami community. Even though we're having six locations in District 3, it's open to all City of Miami residents. And in fact, we have been getting residents that come from many of your districts, too, for food, including many homeless that I'll talk about in a minute. But Madam City Attorney, I want to make sure that we don't run into trouble in our case or any new case that someone might want to try to invent by us, as government, having these feedings now because of the dire need of the community, and what we're trying to do in this ordinance. I want to make sure there's a difference between government and non -governmental groups, individuals or agencies; in particular, in government doing feedings to the general public during pandemics like this. So I'd like to get your opinion on it. Ms. Mendez: We'll edit it between first and second. Commissioner Reyes: Yes. Ms. Mendez: That's a good point. Commissioner Carollo: Okay. Now, having said that I will tell you that we have fed homeless individuals, and in adding to what Chairman Hardemon stated, I'm amazed that -- and we're giving food to everybody that comes. We have not said "no" to anyone. But I'm amazed that individuals are coming up for food and they're high as anything. So they don't have money for food, but apparently, they've got money for drugs. And I've spoken to many of these individuals to try to get them to shelters; they don't want to go. They tell me they want to be in the street. They don't want anybody telling them what to do. I've asked many where they come from. I got some from New York, Pennsylvania, as far away as California, other northern, Midwestern states, Atlanta, Tampa, Jacksonville. It's rare that I get, at least out of the homeless that have been coming for food to our lines, someone that tells me they're from here. And no one wants to go to a shelter, all who wants to be helped. So, you know, that's -- I don't know of any other city in America, as I've said before, that has done more for homeless than this City, and that's why it's bothersome, the people out there that are constantly trying to barrage the City of Miami, all of our government, that we're somehow not being humane with the homeless when, in fact, we've done just the opposite of that, totally humane. Part of the problem that we have, as I stated before, is that we're being sent homeless from many other cities in our country, in our state; even from our own county that are being sent over here. And that's not fair. It's not fair that they're trying to put handcuffs on us, and the City of Miami is having to carry that huge burden, that huge financial burden. And then, as I've stated before, you know, the rights of all the residents; they have rights, too. But having said that, this ordinance that we have talked about is to help the homeless, most of all, to have an orderly process to do it in a way that everyone is helped; people that need food get food, but it's done in a way that is to protect the homeless along with everyone else in that area. And if the City Attorney feels that we could add anything other aside described before the second reading, that will be fine. City of Miami Page 66 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Ms. Mendez: Commissioner, actually, we reviewed it, and we had already exempted the City. So your concern is -- government feedings are exempted so your concern is already taken care of. Commissioner Carollo: All right. That's what I thought we had discussed, but -- Commissioner Reyes: Yes, sir. Commissioner Carollo: I haven't had the time to be reading a lot these days, so I appreciate it. Chair Hardemon: Vice Chairman? Vice Chair Russell: Thank you. If I could look at the legislation, Madam City Attorney, I'm looking at -- there's -- So Paragraph 'A" is the definitions. "B" actually states the -- what the process we would like to create for the permitting, for lack of which would make it unlawful. I can't find Paragraph "C, " so if you could help me with that. And Paragraph "D" is the penalties. Is there a Paragraph "C"? Nls. Mendez: Mr. Wysong is on the call, and he can assist with that. George Wysong (Assistant City Attorney): Okay. The -- "C" was initially designated feeding locations. I believe the sponsor is going to have a substitution of language, because initially, we had identified -- at least the version you're looking at -- different Miami Parking Authority lots -- Vice Chair Russell: Those are actually in Paragraph "B, " Subsection 313(iii), whatever you'd like to call it. They have designated locations there, and there's several Miami Parking Authority lots listed, but then I can't find Paragraph Y." It may just be when you were shuffling and creating it, it got (UNINTELLIGIBLE) and then erased. So -- but "D" is penalties, which maybe it should be Y." Is that --? Mr. Wysong: Well, "C" -- ultimately, when the item is substituted, "C" will be the designated feeding locations, and then "D"will be penalties. Vice Chair Russell: So what will happen to Paragraph "B, "Subsection I? Mr. Wysong: "B" will remain largely the same, because it sets forth the requirement for a permit, and it also talks about -- "B" is the requirement, essentially. "A" is the definition. "B" is the requirements. Vice Chair Russell: Right. But the designated locations are listed in "B, " would you remove them from "B" and create a new Paragraph "C"? Ms. Mendez: So between first and second reading, we're going to amend the locations, and we'll adjust the missing "C. " Mr. Wysong: Yeah, "C" will be the locations, yes. Vice Chair Russell: I just wanted to be clear on the paragraph nomenclature. I'd like to proffer an amendment. I'm very much in favor of the concept of creating the program. I love that we're willing to find real estate within the Miami Parking Authority in the correct locations, and if the City is willing to -- or the MPA is willing to put in for the -- it looks like we're going to help with the support for garbage receptacles and things like that. This -- that's -- it's an incredible program that needs to be done. It incentivizes the behavior that we want. But the churches that are doing this, they're not doing this for fun or to look good. They're doing this for a feeling that City of Miami Page 67 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 there's a lack of services being given at this time; that if Housing First worked, they wouldn't be out there. But I know there's two reasons they are out there. One: Some don't -- choose not to go in, and I understand that. But there are other -- there's also an issue of housing. Housing First works when you have all the housing you need. We do not have all the affordable housing we need. We do not have all the shelter space we need. So then, these groups like the churches try to fill that gap for the people who are still out there. And you know, out of the benevolence or goodness of their heart, they're trying to do what they believe is right. And so, if we can help steer and encourage them, I believe they'll be cooperative, especially if we're providing a space, and services, and garbage, and these sorts of things. I'm sure they're going to come together. It's the punitive side of it that I think makes this a little bit controversial in a way that sends the wrong message, and it puts us against the churches. I spoke to a pastor about this in a similar issue probably six months ago. And her quote to me was, "God forbid we do the work of Jesus Christ. " And we don't -- what we're doing is making it unlawful what they're doing, and we're issuing a citation if they do it the way we don't want them to do it. But the only reason they're doing it that way is because there isn't a program in place. So I would offer an amendment to remove the word, "unlawful, "from Paragraph "B, " and to remove the penalty in Paragraph "D." Beyond that, I think it's an amazing program that I think we can encourage people to get into. But to create an unlawful situation for those who aren't doing it the way we want to is, I think, send -- it's going to send us down the wrong path with this. So that would be my proffered amendment to "B" and "D. " Chair Hardemon: Before you respond, Commissioner Reyes, the issue that you have when you don't have penalties and people don't follow the law is that more people don't follow the law. There are people who will break the law no matter what the penalty is. There are people who commit murder knowing that they could possibly be put to death. I mean, that's the greatest penalty that this country and state can provide for someone who breaks the law, and people still do it. And so, for instance, you can drive a car, but you can't speed, right? And when you speed, you're penalized for that. And the punishment for speeding financially is the same whether or not you're rich or poor. And so, when I think about this program, we're trying to encourage people to feed responsibly, in a way that -- there are rules that we've identified. And so, if they choose not to do that, then what? You give them a stern talking to? We're not putting them in jail. Commissioner Reyes: Absolutely. Chair Hardemon: And so, here, there's a civil penalty, much like there are civil penalties for throwing trash on the street. Right now, today, if I walked outside, I took my Burger King bag and tossed it in the street, there's a civil fine for that. We want to discourage people from doing that. If the person who did it is a pastor or someone who is a law -- well, a resident of that area, it is still against the law for that person to do it. And so, I think we have to find away in order for us to provide a penalty. If it is civil, then it is civil, because if not, then we're not doing what it is that we --just because someone --for instance, everyone who's going to be fed is not going to be homeless. And we use homeless as a conclusory statement, and it is not. You have to -- there are facts that need to amount to someone being determined that that person's homeless. So every person that gets a meal doesn't make them homeless. I think you all have seen that in our feedings. We have people that are being fed at our feedings that are not all homeless. But there are people who are homeless. And so, no matter if you're homeless or if you're not, if you're doing large feedings to people who are taking in these meals, then we have to find a way to encourage those people to follow the law, because just because you believe in Jesus Christ and you support His mission, doesn't mean that you can violate the laws of our state and our city, and our government in order to do that. And so, I think we have to be able to find that fine line. And a civil penalty -- trying to encourage someone to follow the rules, I think is City of Miami Page 68 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 the basic thing that -- what we can do. I mean, the bottom line is that as homeowners, you have to put your trash -- your bulk trash out on Sundays. If you put it out on a Thursday, you can be fined. If you take your trash and you spew it on the streets, you can be fined. If you're speeding in your car, you can be fined. I mean, we live in a nation of laws. And so, we have to at least attempt to follow those laws if we want to live in a civilized community. And so, yes, we should treat people who are needy with respect and honor, and with dignity. Vice Chair Russell: Chairman, I'd like to debate you on that one point, though. Chair Hardemon: That's fine. Vice Chair Russell: The speeding and illegal dumping are laws that we have that exist, and in violation of those, certainly, there is a penalty. But currently, we don't have a law about just going out and trying to help the least fortunate among us. And by creating a law that says, "If you feed those who need food, you are breaking the law unless you do it the way we want you to, " now we're creating a law about helping others -- against helping others if they don't do it in a way that we want them to do. And I'm saying the unintended consequence of this is the way that the message is sent. I believe we can create the same program and test, and feel out how the participation is. And I believe if we create the right scenario incentives and amenities, the churches would love to have that sort of cooperation. But the bad consequences when, "A, " we get challenged on this from either a constitutional basis or otherwise, or someone actually goes out and does a feeding, and they get fined, and that becomes the story versus the good that we are trying to do through a program. And that's why I'm saying, let's try it with the carrot before we implement the stick, because we may not need the stick, and I think the unintended consequences of including it will undermine the legislation, so that's why I was bringing that amendment. Chair Hardemon: I understand it. This doesn't stop anyone from going out and feeding people. I can go out right now as an individual and take -- even with this law -- 20 meals to 20 different people on the spot, right now, and those people would be fed. Now, there's a limit. And so, what is that limit? And that's what we have to discuss. At what point does this become more of a commercial or a group large feeding that has other problems? So, for instance, if we -- right now, today, we're still doing feedings to our communities, where we have cars that are coming through, that are backing up on streets in residential areas in order for people to get food. Now, if those cars were permanently in those spaces, if those cars were permanently blocking people's homes, et cetera, and trash was littered all over the street and people were permanently parked there, engaging in sexual activities, and using drugs in our neighborhoods, we would have to take a second look at how we go about feeding or providing food to people. And so, that's what this is. You may be able to go home in your community and walk your dog, and enjoy a nice walk, or enjoy the space that you call your community without being assailed by these things, but there are many thousands of people who live in these neighborhoods that cannot do the same. And it's not fair to those residents to live in captivity. This is just as bad as living in a drug hole; it's just as bad. Not only -- except that people are not -- they're not -- they're truly not paralyzed by the fear of violence. They're paralyzed by the fear of embarrassment; that someone's going to put them on television for saying, "Hey, I want to live in a clean community. And it's not fair that I live in this home and there are people who decided to put tents in front of my home and live their entire lives," when we have facilities that are open right around the corner meant for them. It's not fair. Commissioner Reyes. Commissioner Reyes: Yes. First of all, talking about making laws, that's our job. That's our job. We are a legislative body. What we do, we make rules and regulations. And there are laws that, just as Commissioner Hardemon so eloquently City of Miami Page 69 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 stated, that affects everybody. And one of those laws that we have in the books that it is not -- people don't pay attention to it, and that's why our streets are so filthy -- is littering laws. You see, you cannot litter our streets. And people come, and they just throw a Burger King bag full of potatoes -- I mean French fries -- and ketchup right on the streets. And I mean, that's why they do it. You see, people get the garbage out on Sundays, and -- I mean on Thursdays -- and they -- well, the garbage was picked up on Wednesday. And another thing that I don't agree with you: We are not precluding any church -- any church -- from feeding and doing their work and getting -- I mean, the indulgences of the Lord. The only thing that they have to do is get a permit that's not going to cost them anything, and they will come to the place in a assigned date, and they will do it. Let's say that they come every Wednesday to downtown Miami, 1st Street or to 14th Street, and they do the feeding. Well, instead of doing it there, why don't you come with your food and do it in this place? We are not precluding anybody from feeding the homeless. Chair Hardemon: Or do it on private property. Commissioner Reyes: That's right. Chair Hardemon: Do it on private property. Commissioner Reyes: Absolutely. And that's why I cannot accept that amendment. Vice Chair Russell: Understood. A question on the feeding locations, please. Commissioner Reyes: That's going to be -- Vice Chair Russell: How are the --? I'm sorry, am I still --? Commissioner Reyes: Yes. That is going to be determined. It was scratched, because we are allowing the City Manager to look into different locations and to contact -- if it is a private property, that it's not a City property, or whatever -- and contact everybody that wants to participate, including the MP-4 properties. Vice Chair Russell: So in the legislation as stated, there's five MPA locations that are already identified. Commissioner Reyes: That's going to be erased and -- because a couple of those locations, they were not available. And now, what we're going to do is the City Manager, he is responsible for finding different and bringing it to us. That's it. Vice Chair Russell: Has the MPA passed a resolution in favor of using their properties for this? Commissioner Reyes: No, sir; not that I know of. It was a request that we were making, that's it. Okay? You see, this is what we want to do with -- that we want to work with WA, and before Mr. Noriega became City Manager, I did approach him, and he was very favorable about this program, and using some of the properties, and I don't see any problem. I don't foresee any problem with the new MPA director. But the City Manager is the one that is going to point out which locations are -- could be used. Chair Hardemon: And I would say, you know, this is a -- these are tough issues. But we should also -- we should understand that we have a responsibility -- close the door, please. Commissioner Reyes: Yes. City of Miami Page 70 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Chair Hardemon: We have a responsibility to the people that live in our communities, as well as people who visit our communities. And everybody has to play by the rules. We have to create rules that make it habitable for the people who live here and who visit here; if not, then we create communities that are not worthy of living in ifpeople decided that, you know, that they could do whatever they want to do in our community. That's not what civilization is all about. And so, we have to find a way in order to be able to feed people properly in our public streets. This is not about regulating to your private facility. A church right now -- if you are in church and you have a private facility, you could provide as many homeless people as you want, as you choose in your property. You can have them therefor services if you'd like. But we're talking about public streets. We're talking about places where people who are your neighbors, who own homes or who are renting homes, or who are renting apartments. We're talking about those spaces that -- now they also get the chance to enjoy, and whether or not they can actually use it. And right now, every single one of us, every single one of us as Commissioners, Mayor, we can go right now to these places where we know that these criminal activities are occurring, and there is no care or concern by the people who are committing them, because they know that the City of Miami is not doing enough to enforce its rules. And that's our problem. Commissioner Reyes: No consequences. Chair Hardemon: So, this is -- yeah. And, you know, this is an administrative issue, this is a policing issue, and because as a City -- as a legislative body, we've put the resources there to create solutions, to help this population of people get services, and for some reason, it's not enough. So we need to continue to do more things. It's not just all about money. This is about behavior. And we're encouraging poor behavior, because we're not doing what it takes in order to guarantee that our communities are clean and are safe. And I don't -- and I -- you know, as a -- look, there's a lot of things going on in this country right now, right? We have COVID-19, we've had George Floyd in Minneapolis, we have Ahmaud Arbery in Brunswick, New Jersey, Christian Cooper, who just politely asked a woman to leash her dog, to follow the rules in Central Park, and was accosted and threatened with police. You know, all of these things occurring. And the one thing that these things have in common is that they're usually being done to people of color, or they're in communities of color, right? And that means communities that look like Senator Diaz de la Portilla's and mine. Commissioner Reyes: And mine, too. Chair Hardemon: And so this is not -- right. I mean -- I thought you two look alike. Well, you know, I wouldn't -- Commissioner Reyes: Well, all Cubans look alike, you know. Chair Hardemon: But, you know, this is of grave concern to the people that live there. These people are being held hostage, and we have to do something about it. And, you know, just because someone is young, just because someone is active, just because someone is volunteering, they don't -- the fact that you're a volunteer and you're doing something to help the people in the community, that does not mean that what you're doing is helpful to the people that live in that community. The fact that we are in government and we're putting rules in place to protect our neighborhoods does not make you a bad guy. And I understand that this was all about, you know, protections and image that we're being portrayed, and Channel 10, and Channel 7, and we have elections, and all these things, yes. But at the end of the day, when we are not elected anymore, and another Commissioner is sitting here in these seats, and you live in the neighborhood, and this is happening to your neighborhood, you would want that Commissioner to do something about what's happening, because the worst City of Miami Page 71 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 thing that you would want is for the people to be frustrated with it, and start to do something themselves. In Liberty City, it happened. Commissioner Reyes: Yes. Chair Hardemon: Right? On 62nd Street and I think it's 12th Avenue -- I mean 1 Sth Avenue -- or 12th Avenue, or 17th Avenue, they set it on fire. Luckily, no one died in that. But this is the type of thing that could happen when you find a community that is upset. Right now, Minneapolis is burning, because they feel as if government hasn't done enough to protect the citizenry. And so, these are very serious things. And Chief Colina, I saw your comments that you made about what happened in Minneapolis, and I'm thankful for them. But it's a wakeup call to all of us. We need to be more concerned. We need to be active look about how we engage our citizenry as a government, as a policing entity, what recourse that we have as -- or what recourse do they have as citizens when there's an issue that they feel has gone way beyond what should be allowed by law. And so, we have to be able to do something about this. And sitting on our hands is not the right thing to do. Commissioner Reyes: It was moved, and it was second. Could you please call the roll? Chair Hardemon: All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Vice Chair Russell: No. Chair Hardemon: Motion passes. City of Miami Page 72 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 FR.2 ORDINANCE First Reading 7461 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED ("CITY CODE"), TITLED "SUBDIVISION REGULATIONS;" MORE PARTICULARLY BY AMENDING SECTION 55-10, TITLED "BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS," AND SECTION 55-14, TITLED "ENCROACHMENTS ON OR IN RIGHTS -OF -WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS EASEMENTS; EXCEPTIONS," BY MODIFYING THE CITY OF MIAMI'S ("CITY") PLATTING REGULATIONS TO MODIFY WHEN A BUILDING PERMIT AND TEMPORARY CERTIFICATE OF OCCUPANCY MAY BE ISSUED DURING THE PLATTING PROCESS; ALLOWING THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY FOR THOSE PROPERTIES THAT HAVE RECEIVED APPROVAL FROM THE CITY COMMISSION FOR ENCROACHMENTS INTO PLATTED EASEMENTS AND CREATING A SUNSET DATE AFTER WHICH SUCH APPROVALS MAY NOT BE SOUGHT; FURTHER MODIFYING THE CITY'S PLATTING EXCEPTIONS TO CLARIFY WHEN A BUILDING PERMIT MAY BE OBTAINED FOR A ONE -FAMILY DETACHED DWELLING AND CUSTOMARY ACCESSORY BUILDINGS ON A PLATTED LOT OF RECORD THAT HAS BEEN DIVIDED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record. For minutes referencing Item FR.2, please see "Order of the Day. " END OF FIRST READING ORDINANCES City of Miami Page 73 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 BU - BUDGET BU.1 DISCUSSION ITEM 6742 MONTHLY REPORT Office of I SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND Budget BUDGET) II SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair Hardemon: So I want to move on to BU.1. Madam City Attorney, is there something you have to say? Victoria Mendez (City Attorney): Yes. I just wanted to state for the record that we -- that you all received also the form, Public Comments, and the comment cards, and you also have that, and it's been placed in the record. Thank you. Chair Hardemon: Thank you very much. I'm going to move on to BU.1. Chris Rose, you're recognized. Christopher Rose (Director, Office of Management and Budget): Good afternoon, Commissioners. Thank you for having me back for this item. This is a report, a monthly report that we do. It requires no action, but it is to update you on our current financial situation. Last month, you will recall that we were projecting a deficit of 19 and a half million dollars. This month, we are projecting that deficit to grow to $21.4 million. But the makeup of that deficit is changing as the months go on, as well. Overall, I'll start with revenues. We're projecting that the revenues at the end of the year will be $752.9 million. These revenues are 15.5 million lower than we projected last month. They are $55.7 million lower than what the budget has in it, what is required in the budget. And they are $61 million lower than what we were projecting pre-COVID back in February. So this really has had an impact on the City's revenue streams. It has not had an impact on the property tax revenue streams, at least not yet, but it has had an impact on most of the other revenues that the City brings in. I will also say that the expenditures are changing. We are expecting the end -of -the - year expenditures to be $782.7 million in the general fund, which is $11.4 million lower than last month's projection. It is $25.9 million lower than budgeted, and $10.9 million lower than what we were expecting pre-COVID. So we have been taking steps internally in the Administration to react to this; to react to the loss of revenues that we're expecting, and have been seeing. It does -- the assumptions have changed a bit, as well. It recognizes the two and a half -- a little more than two and a half months that we have been under the heightened safety measures that we've been taking, and then it makes assumptions of growing back out of that; not instantaneously coming back out of that on the revenue side. And some revenues, we are expecting not to recover to their pre-COVID levels, even by the end of the fiscal year. So we are watching all that, and taking the steps necessary to react to it. I will also point out that this past month, we continue with development of the next budget, and part of that was the revenue estimating conference that's called for in the City's Financial Integrity Principles, Chapter 18. We held that, and the collective group did reduce City of Miami Page 74 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 the revenues for next year's budget, as well, partially -- marginally in reaction to the global pandemic. I'll also point out that we have virtual community budget meetings coming up over the next two weeks, and the dates and times are stated therein. In past years, we've done actual physical community budget meetings. This year, we are doing it virtually. And I invite everyone that has comments or questions to attend. That everything I have to say to you, Commissioners. I'll be happy to take any questions you have. Chair Hardemon: We beat you up enough earlier today. I don't think there's going to be any questions. END OF BUDGET City of Miami Page 75 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 BC - BOARDS AND COMMITTEES BCA RESOLUTION 7360 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL Clerk PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY Rafael Andrade (Citizen — Category 7) ENACTMENT NUMBER: R-20-0162 NOMINATED BY: Commissioner Alex Diaz de la Portilla MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Chair Hardemon: Boards and Committees. Christopher Rose (Director, Office of Management and Budget): Thank you, sir. Nicole N. Ewan (Assistant City Clerk): Good afternoon, Chair and Commissioners. We have one board appointment for BC1, the Historic and Environmental Preservation Board. Commissioner Diaz de la Portilla will be appointing Rafael Andrade. Chair Hardemon: Is there a motion? Commissioner Reyes: Move it. Chair Hardemon: And seconded by the Chair. All in favor say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion carries. Ms. Ewan: Thank you, Chair. That's 4-0. Thank you. END OF BOARDS AND COMMITTEES City of Miami Page 76 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 DIA 6417 DI - DISCUSSION ITEM DISCUSSION ITEM MAY BE DEFERRED Department of Real A DISCUSSION ITEM, TO BE HEARD BY THE MIAMI CITY Estate and Asset COMMISSION, REVIEWING THE ADMINISTRATION'S FINDINGS, Management RELATED TO OLYMPIA THEATER'S FUTURE OPERATION, WHICH MAY INCLUDE, WITHOUT LIMITATION, PARTNERING WITH MIAMI-DADE COLLEGE; RELEASING A REQUEST FOR PROPOSALS; OR, SOME COMBINATION THEREOF. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record. Item DIJ was continued to the June 25, 2020, City Commission Meeting. For minutes referencing Item DI. 1, please see "Order of the Day. " END OF DISCUSSION ITEM City of Miami Page 77 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE First Reading 5310 MAY BE DEFERRED Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor- PZ ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"); MORE SPECIFICALLY, BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE HOUSING; BY AMENDING ARTICLE 3, SECTION 3.15, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES INCLUDING A FLOOR LOT RATIO ("FLR") BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS, PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT (140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND TO PERMIT AFFORDABLE AND ATTAINABLE MIXED -INCOME DEVELOPMENTS ABUTTING A T3, "SUB -URBAN ZONE," TRANSECT ZONE BY PROCESS OF EXCEPTION WITH CITY COMMISSION APPROVAL; CLARIFYING LANGUAGE WITHIN MIAMI 21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record. Item PZ.1 was continued to the June 25, 2020, City Commission Meeting. For minutes referencing Item PZ.1, please see "Public Comment for All Item(s) " and "Order of the Day. " END OF PLANNING AND ZONING ITEMS) Citv of Miami Page 78 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 FL - FUTURE LEGISLATION FL.1 ORDINANCE 7294 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 62/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, "ZONING Planning FLORIDA, AS AMENDED, ENTITLED AND PLANNING FEES," MORE PARTICULARLY BY AMENDING SECTION 62-22 ENTITLED "SCHEDULE OF FEES", SECTION 62-23 ENTITLED "REQUEST FOR REVIEW AND APPEAL," AND SECTION 62-25 ENTITLED "WAIVER OF FEES,", TO PROVIDE CLARIFICATION ON PLANNING AND ZONING APPEAL FEES, TO CAP CERTAIN PLANNING AND ZONING APPEAL FEES, AND PROVIDE FOR A REFUND PROCEDURE OF APPEAL FEES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN FL.2 ORDINANCE 7291 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI Department of COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO Planning EXPEDITED STATE REVIEW PROCEDURES ESTABLISHED IN §163.3184, FLORIDA STATUTES, BY ADDING TWO POLICIES TO THE FUTURE LAND USE ELEMENT AND AMENDING THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP FOR INDUSTRIAL LAND USE TO ALLOW HOTEL USES IN CITY LAND DESIGNATED AS INDUSTRIAL; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Chair Hardemon: Before we cut to the other comment items, Madam City Attorney, I have a question for you. On future legislation, we have some items that were there, but understanding that they're there, because they have not been sponsored by a Commissioner just yet. And so, one of those items, which is Future Legislation Item Number 2, I believe that's the one -- Victoria Mendez (City Attorney): Yes. Commissioner, I sent you the information on this. Unfortunately, we have to have two advertised notices and public hearings. So if we would hear this on -- it's because of the nature of the item, because it's a Comprehensive Plan change. This isn't normally the case for other ordinances. But unfortunately, for this one in particular, you're supposed to have two advertised public readings. And because of that, we can't do the -- moving to first reading. Chair Hardemon: Part -- I'm confused about that, because it appears to me that it is on the agenda under an item called Future Legislation, which was advertised to be -- City of Miami Page 79 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Ms. Mendez: Right, but it wasn't advertised pursuant to Florida Statute 163.3184 that requires two advertised public readings in general circulation, for newspapers of general circulation. This one was -- normally, we only advertise other ordinances, like on second reading. So this wasn't -- it was noticed, but it wasn't properly advertised, pursuant to State statute, for a first reading, and you have to have two. Commissioner Reyes: Mr. Chair. Chair Hardemon: Commissioner Diaz de la Portilla and then Commissioner Reyes. Commissioner Diaz de la Portilla: And why is that? Ms. Mendez: Pursuant -- because it was on for future legislation; not for first reading. And the Chairman wants to change it over to first reading, and that cannot be accomplished on this particular item; maybe on other ordinances that don't have the comprehensive planning requirements pursuant to State statute but not this one, unfortunately. So we -- Commissioner Diaz de la Portilla: I'm still not understanding. If it's advertised somewhere -- right? -- because it's here as FL.2. I've never seen -- Ms. Mendez: No, it has -- Commissioner Diaz de la Portilla: It's the first time that I see this in my short stint here at City Hall. I've never seen FL.2, Future Legislation, advertised like this. This is advertised. It's public record, right? So why can't we -- Ms. Mendez: It's noticed -- Commissioner Diaz de la Portilla: -- simply retitle it, I guess, right? Because we've been able to retitle things before in the past, right? Ms. Mendez: Right. So this particular item is a Comprehensive Plan amendment. It was not advertised, pursuant to State statute, in the Herald, or in a paper of general circulation for a first reading. It was a future legislation, because it was not made -- sponsored by an elected official. It could be on for first reading on June 11, Commissioner. Commissioner Diaz de la Portilla: I would like to sponsor -- unless the Chairman wants to sponsor it -- or be cosponsor if the Chairman wants to sponsor it, and then we could get it advertised and get it onto our next Commission meeting, so we can address it. Is that the preference --your preference, Mr. Chair? Chair Hardemon: Yes, that is my preference. Ms. Mendez: I just need to -- I need to doublecheck. If you can give me a moment just to doublecheck that we have enough time to advertise it. Give me one second. Because normally, we have to do it 10 days before so if you could let me check into the timing, and I'll get right back to you. Commissioner Diaz de la Portilla: But it's 10 days before, right? I mean, today is 10 days before, right? Or --? Ms. Mendez: Normally -- what day is --? Yes, okay. I believe then by tomorrow, yes. Commissioner Diaz de la Portilla: Yes. City of Miami Page 80 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Ms. Mendez: So it could be advertised. Commissioner Diaz de la Portilla: Okay, thank you. Commissioner Reyes: Mr. Chair. Chair Hardemon: You're recognized. Commissioner Reyes: I think that most of the questions that I had have been answered and I -- let's bring it back in 10 days from now, at the next meeting, and then we will pass it. If -- I mean, you're going to sponsor it and you're going to have other cosponsors -- Commissioner Diaz de la Portilla will cosponsor, also myself, and let's pass it within the next 10 days. Commissioner Diaz de la Portilla: Unless -- I think the Chair may want to sponsor it. Commissioner Reyes: That's alright. It doesn't matter with me. Chair Hardemon: You can also sponsor it. Commissioner Diaz de la Portilla: Do you want to sponsor it, sir? Commissioner Reyes: Yes, sir. Chair Hardemon: You could all (INAUDIBLE) -- Commissioner Diaz de la Portilla: Or you want me to sponsor it? Commissioner Reyes: Okay, that's -- I mean, that is -- I will vote in favor is what I'm trying to say. Commissioner Diaz de la Portilla: I didn't hear him. I didn't hear him. Does he want to sponsor it or --? Chair Hardemon: Yeah, I'll sponsor, or we'll have -- we can cosponsor. It's fine by me. Commissioner Diaz de la Portilla: Okay, so we'll do it. Okay. Commissioner Reyes: Well, the only thing that I've been trying to say, that I'm in favor of it and after I heard the explanation and -- Commissioner Diaz de la Portilla: We're one big happy family. Commissioner Reyes: Absolutely. I hope so. Commissioner Diaz de la Portilla: Everybody's sponsoring it, all three of us. Chair Hardemon: And I'm -- you know, Madam City Attorney, I'm looking at the public hearing section of Chapter 163, so that's Part 11, where it goes into the two advertised public hearings on a proposed Comprehensive Plan or plan amendment as follows, and then it describes that you have two advertised public hearings. And so what I'm trying to understand is that this is on the agenda. The agenda was advertised -- Ms. Mendez No. The -- City of Miami Page 81 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Chair Hardemon: --for a public hearing. Ms. Mendez: Right. So there's a difference between advertising in the newspaper and notice on an agenda. This was not advertised in a newspaper, because it was future legislation. We only advertise in the newspaper for regular ordinances on second reading. This requires two advertisements, pursuant to 163, so we would have to advertise it for first reading and for second reading. Because it was future legislation, it was not advertised. It was just noticed on an agenda. Chair Hardemon: Okay. Thank you very much, Madam City Attorney. END OF FUTURE LEGISLATION City of Miami Page 82 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 NA - NON -AGENDA ITEM(S) NAA RESOLUTION 7500 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City Commission ATTACHMENT(S), URGING MIAMI-DADE COUNTY MAYOR CARLOS A. GIMENEZ AND THE SUBSEQUENT MAYOR(S), AND THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA ("BOARD OF COUNTY COMMISSIONERS") TO TRANSFER AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES) ACT DIRECT FEDERAL FUNDS RECEIVED BY MIAMI- DADE COUNTY ("COUNTY") TO THE CITY OF MIAMI ("CITY") AND TO OTHER UNITS OF LOCAL GOVERNMENT WITHIN THE COUNTY BASED ON POPULATION AND RATES OF COVID-19 CASES; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-20-0163 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Mr. Min, can you also read into the record the heading for the pocket item from DI (District 1), please? Barnaby Min (Deputy City Attorney): Yes, sir. I believe Commissioner Diaz de la Portilla will be introducing a resolution of the Miami City Commission, with attachments, urging Miami -Dade County Mayor Carlos A. Gimenez and the Board of City Commissioners of Miami -Dade County, Florida to transfer Coronavirus Aid, Relief, and Economic Security Act direct federal funds received by Miami -Dade County to the City of Miami and to other units of local government within the County, based on population and rates of COVID-19 cases; further directing the City Clerk to transmit a copy of this resolution to the officials named herein. Chair Hardemon: Thank you very much. [Later... J Chair Hardemon: Senator. Commissioner Diaz de la Portilla: Thank you, Mr. Chair. I have a pocket item that I would like Commissioner Carollo to vote on. It's kind of the same thing what we were talking about. Once again, it's a resolution urging Mayor Carlos A. Gimenez to do the right thing, and to allocate some of those dollars that were given by the Federal Government, the CARES (Coronavirus Aid, Relief and Economic Security) Act. The Federal Government passed a $150 billion -dollar CARES Act for relief from the coronavirus pandemic, and Miami -Dade County received 474 million of those dollars. And the resolution calls for us to urge Carlos A. Gimenez, the Mayor of Miami -Dade County, to spread those dollars to municipalities, in particularly, the City of Miami, which is the largest municipality within his County, or the County that he represents. And that's what it does. It's a resolution urging him to do the right City of Miami Page 83 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 thing for Miamians and for the city that people are the closest to, their residents, their City officials, and elected officials throughout this County; in particular, the City of Miami, which is the largest city in the County. That's what the resolution does. Commissioner Reyes: And Mr. Chair? Chair Hardemon: You're recognized, sir, and then the Mayor. Commissioner Reyes: Mr. Chair, and Commissioner Diaz de la Portilla, I do agree that we have to spread the wealth. I mean, and that we should get our fair share. But I have only one suggestion, you see. Commissioner -- I mean Mayor Gimenez, who is going to be here until November, and you know how long those -- I mean government funds takes to get here. And I don't want to limit it only to him as the Mayor of Dade County, and without naming anybody, so when he leaves, they say, "No. That was directed at Commissioner" -- "at Mayor Gimenez. He's not here anymore. " Commissioner Diaz de la Portilla: I agree. Commissioner Reyes: So we -- Commissioner Diaz de la Portilla: Yeah, I agree. But the problem obviously has been with Mayor Gimenez, because I think the next Mayor will understand that -- you know -- that some of these things have to be addressed and have that you have to have collective (UNINTELLIGIBLE). Commissioner Reyes: I -- the only thing that I want to do is just keep it as the Mayor of Dade County, the Dade County Mayor. Commissioner Diaz de la Portilla: But what's the reason for that? I don't understand. Commissioner Reyes: The reason for that is for when he leaves I don't want anybody to have -- the next Mayor that is going to be elected in November comes and say, "Well, this was" -- Commissioner Diaz de la Portilla: If you feel more comfortable not mentioning Mayor Gimenez -- Commissioner Reyes: No, no. I don't mean -- I mean, it doesn't matter. I don't have anything pro or con against. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: I mean, I am very neutral on that. I mean, I don't have any beef with nobody. Okay? But what I want to know is if we can say Mayor Carlos Gimenez or Mayor whatever. Commissioner Diaz de la Portilla: We can do that Commissioner Reyes: But make sure that this is directed to the Mayor of Miami - Dade County. Commissioner Diaz de la Portilla: So we can put it as Carlos A. Gimenez and any future Mayor of Miami -Dade County, to allocate the $474 million? Commissioner Reyes: That's right. I mean, it's -- it is fine. But I want to repeat, I don't have no beef with nobody. City of Miami Page 84 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Chair Hardemon: Mayor Suarez. Commissioner Reyes: Just I want you all to know that. Mayor Francis Suarez: Mr. Chair -- Commissioner Reyes: And I don't use the pulpit for that. Yes. Mayor Suarez: Thank you, Mr. Chair. I think -- Commissioner Diaz de la Portilla: Actually, I'll tell you something. I don't use the pulpit for that, either, but I do have a beef. Commissioner Reyes: Well, that is -- Commissioner Diaz de la Portilla: I do have a beef. I do have a beef with someone or any individual who thinks that they are the face of Dade County when Dade County has many, many elected officials that are responsible people that are doing the right thing for the citizens that elected them. So what I -- Commissioner Reyes: I agree with you, and I don't have no quarrel with that, either. Commissioner Diaz de la Portilla: -- I see people coming out of an airport, whether it's spreading the wealth through allocations from the Federal dollars to cities, especially the largest city. A number of issues that we've had differences, and we -- obviously, we're showing unity and we're doing the right thing. But there's a time, you know, to call it how it is, and say it how it is. If the Mayor of Miami -Dade County -- the current Mayor of Miami -Dade County is not doing the right thing, then someone has to push him, whether through a ballot box or through resolutions, or through collective leadership; say, "This is the time for the Mayor of Miami -Dade County Carlos A. Gimenez to do the right thing, " and to allocate some dollars to the City of -- the people that we represent, the people that elected us -- so that we can use those dollars to bet -- not to have to cut those summer camp programs we spoke about earlier in the meeting today, as an example -- Commissioner Reyes: As I stated. Commissioner Diaz de la Portilla: -- for our cities, and so it's important that no individual, no man or woman has a monopoly on truth, and on being right. And that we have to be very clear about that. And that's what this resolution does; it urges, and collectively, as a body, as we should act in unity, the Mayor and the Commission, to tell the Mayor of Miami -Dade County that we want some of those dollars to come to our residents, and allocate it through this governmental body, which is the one that's closest to the people of the city. Commissioner Reyes: That is -- Chair Hardemon: Commissioner Reyes. Commissioner Reyes: -- I agree with you that we should get our fair share, and my only -- I only pointed out that I want whoever is the Mayor of Dade County, be it Carlos Gimenez or whoever is elected that we want our fair share. That's why -- Commissioner Diaz de la Portilla: I agree. Commissioner Reyes: Okay. City of Miami Page 85 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Chair Hardemon: Mayor Suarez. Mayor Suarez: Thank you, Mr. Chair. I just want to give a little bit more specificity to the ask, and I thank Commissioner Diaz de la Portilla for bringing this item, because, as he mentions in the item, this has been a specific request of the Miami - Dade League of Cities. The Mayor supposedly committed to the Miami -Dade League of Cities that he was going to do this. Commissioner Diaz de la Portilla: Correct. Mayor Suarez: We have not heard any other subsequent public pronouncements that this is going to happen. And just to give a little bit more context and numerical information to what the Commissioner's resolution is talking about, if you do it based on population, we're talking roughly $100 million. If you do it based on COVID cases, which is what the resolution asks for -- you know, one or the other -- we're talking -- we could be talking about over $250 million, because, if you look at the number -- you know -- if you believe the Department of Health, and we've had our differences with the Department of Health's accounting of the COVID cases in Miami, based on zip code, and based on potentially County testing facilities in the City of Miami that may be skewing the numbers. But no one in the County has tried to correct those numbers. No one's tried to differentiate between City residents and County residents as far as we know. That would mean that we would get, you know, two-thirds of the funds that the County has received, because we have two-thirds of the cases according to the Department of Health. So that would be -- you know -- whatever two-thirds of 500 million is, you know; it's $300 million, more or less, of the funds. So, we're talking about 100 million, and I see Chris shaking his head, because he likes the sound of that. So we're talking about somewhere between 100 and $300 million is the expectation if you're doing it properly -- right? -- if you're doing it based on population or if you're doing it based on number of cases. And I think that that's absolutely fair. And I think -- you know --frankly, one of the things that we should explore -- and maybe we can add it onto this. I don't even know if we have to add it onto this, but maybe just to explore this. And it's something that we talked about with the Administration, Federal Administration, the President's Administration, which is that we come slightly below the -- according to the -- some census numbers, we come slightly below of the 500,000 mark at 470. But I've also seen other things on Wikipedia that have us at 510. So if there's any flexibility on the part of the Federal Government to get us at that 500, 000 level, so we can get direct funding and we don't have to even go through the County, I think that would be a preference. So if Nick and the Manager can continue to update this Commission on our efforts to try to get either some exemption or some, you know, special consideration, because we're so close to that threshold, and maybe the Federal Government can divert some of that County money directly to the City based on a half -a -million -dollar -- a half -a -million - person population. And we don't even have to get into the whole -- you know -- whether the County should do it or shouldn't do it. You know, we have our -- I have my doubts as to whether the County is going to do the right thing, frankly, because we've seen that it's been a repeated issue. You know, this is not a one-time thing, and I'm hopeful that they will. As Commissioner Reyes said, you know, maybe the next Mayor who's elected will do the right thing with the County Commission. And I know the County Commissioners, you know, that a lot of them are also changing in November and then, you know, the rest are changing two years from now. So, you know, there'll be a lot of different representation. We've got -- we have one on our board who I know is going to be fighting for us at the County Commission to do the right thing. So, you know, that's -- that makes me feel better, that's for sure. Commissioner Carollo: Okay. I'll second that motion with the amendments that were made to it. City of Miami Page 86 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Chair Hardemon: It's been properly moved and seconded. Are there any public comments that were additional for this item since the time that we've opened public comment? Unidentified Speaker: No, sir. Chair Hardemon: Seeing no further public comments, public comment is closed now. No further discussion. All in favor of the Pocket Item Number 1, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? The motion carries. Commissioner Carollo: Okay. Thank you. I apologize. I have to go. Commissioner Diaz de la Portilla: Thank you. Commissioner Carollo: I could be back in about half an hour, more or less. Chair Hardemon: I hope we will be done by then, so let's see. NA.2 DISCUSSION ITEM 7501 DISCUSSION BY VICE CHAIR RUSSELL REGARDING COVID-19 City Commission FEDERAL LEGISLATIVE ITEMS. RESULT: DISCUSSED Chair Hardemon: Vice Chairman, you had a question for the Manager's office? Vice Chair Russell: Thank you. I see Nick is here and he helps us work intergovernmental relations, so I'd like to get an update on where we are with the advocacy on the federal aid package for municipal stabilization. Nikolas Pascual (Senior Advisor to the City Manager): Yes. So last week, I sent all of you an email on the HEROES (Health and Economic Recovery Omnibus Emergency Solutions) Act. That passed the House. That is basically dead on arrival. The Senate has mentioned that Senator Leader Mitch McConnell and the President said he would veto legislation like that. We did have Senator Bob Menendez from New Jersey and Senator Bill Cassidy from Louisiana introduce the SMART (State and Municipal Assistance for Recovery and Transition) Act, so it's bipartisan. And that act has $500 billion for State and local stabilization. The way that it is broken down is there's $484 million for local governments, and it has -- Where is the breakdown here? They do it by population, how many cases you've had, and then they'll distribute those funds to the cities with a population below 500, 000. We've been working with the National League of Cities, signing off on letters they've been sending out to all congressional delegations throughout the country. And they're putting now an emphasis on having legislation done by the end of June 30, because there are other municipalities that need to balance their budgets by that date. We're lucky that we have another quarter before we have to do that, so we can piggyback off of that and hopefully get funding in before we need to do anything with our budget. So that's where we stand at the federal level currently. Chair Hardemon: You're recognized, Vice Chair. City of Miami Page 87 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Vice Chair Russell: Mr. Chairman -- through the Chair. Nick, does that have a specific guideline for what the breakdown would be for the City of Miami in that particular SMART Act? Mr. Pascual: I don't have that number yet. I could try to reach out to one of their offices to see if they have a formula broken down already. I don't have numbers for you specifically on the SMARTAct. Vice Chair Russell: I believe the HEROES Act did have a breakdown by city throughout Florida, even, so you could calculate where that one was. But if that one's DOA (Dead on Arrival), let's figure out what we would receive in the SMART Act. Mr. Pascual: For the SMART Act. Okay, I can get that for you. Vice Chair Russell: I mean, we're going to need compromise to find something that has bipartisan support. So I think -- Mr. Pascual: Correct. And it seems like this piece of legislation does have it, so it's something that they will start negotiations, probably, in mid -June. Vice Chair Russell: All right. Thank you. NA.3 DISCUSSION ITEM 7502 DISCUSSION BY CHAIR HARDEMON REGARDING THE City Commission POSSIBILITY OF DEMONSTRATIONS IN THE CITY OF MIAMI IN RESPONSE TO THE DEATH OF GEORGE FLOYD AND HOW MIAMI POLICE DEPARTMENT INTENDS TO PREPARE FOR SAID POSSIBLE DEMONSTRATIONS. RESULT: DISCUSSED Chair Hardemon: I have a question for you. The Liberty City Community Revitalization Trust, Liberty City Trust, they had -- we didn't have names. I don't know if there were proffering names for appointment. Nicole N. Ewan (Assistant City Clerk): They do have names, applications that were submitted. We do have to give five days' public notice prior to proffering the names for City Commission action. (UNINTELLIGIBLE) for the June 11 th meeting. Chair Hardemon: Okay. Can we do that, please? Ms. Ewan: Yes, Chair, we can. Chair Hardemon: Thank you very much. Ms. Ewan: You're welcome. Chair Hardemon: I don't think there are any other items that are on the agenda at this moment. Is our -- can we get our Police Chief live? Chief Colina: Sir. Chair Hardemon: How are you doing, Chief Colina? I -- Chief Colina: Great. City of Miami Page 88 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 Chair Hardemon: -- know that there are demonstrations that are in other communities, in other states, and there have been talks of demonstrations that could come to Miami regarding the issues that are happening, especially in Minneapolis, and I know you've been very vocal about those things. And I know that this Commission wants to treat everyone with respect and with dignity. Commissioner Reyes: Absolutely. Chair Hardemon: We've been successful, and we've had other demonstrations that were in Miami that caused significant disturbances, but they're civil disturbances. And our Police Department has been gracious in how they've treated those people who were demonstrating. And we just want to have -- at least to hear it from your lips, because I know it's going to come from ours -- that our Police Department will have the same level of professionalism and courtesy if there happens to be any demonstrations in the City of Miami regarding the issues that are going on across the nation. Chief Colina: Absolutely, Commissioner. And, you know, I met with the entire staff here yesterday. We discussed it as an executive staff. It was a very productive meeting, and I was very pleased to hear from many of our leaders here internally just how they felt about what happened in Minneapolis, as well, and how they were going to speak to all their officers under their command. The level of disappointment from what we've seen here as a whole -- I mean, a lot of officers have spoken up, and I'm very proud of them for doing so, on what they observed. I've had some community leaders reach out already. And so, what I would ask from every elected oicial is that if anyone reaches out to you that is upset, and wants to exercise their First Amendment rights, to, you know, please count on us to help you do that in a way where you can speak your mind, but we could do it in a peaceful manner, in a manner where we're not harming anyone else, and so we can be a model for the rest of the country on how you can express yourself and your anger, and still do it in a way where we're not harming anybody else's property, or we're not harming ourselves as a City. So our officers here, Commissioner, I assure you, know what the expectation is. We've communicated that to them. We're monitoring social media to see what may, if anything, would happen here, and how we can address it. Chair Hardemon: And Chief, if there is any relationship that we end up having between Minneapolis and us, please include me in on that discussion, because I think there are lots of things that we can learn from this situation. And Minneapolis is a community that is similar to ours in terms of size. And so, you know, these are very real occurrences that could happen in a place like Miami. And, of course, we have our own history of things. And so, I think it's important that we, as a City, on the forefront of preparing ourselves for interactions with our community that are positive and that don't lead to destruction of the neighborhoods. And so, if there is any line of communications -- because I know many times, our Police Department or our Fire Department is in contact with other cities that are going through issues -- I want to be included in that discussion. Chief Colina: Yes, sir, absolutely. And thank you. Chair Hardemon: Any other Commissioners have anything else? All hearts and all minds are clear. Thank you very much, Mr. Chief. Commissioners, we know we have a Southeast Overtown/Park West CRA (Community Redevelopment Agency) meeting that's scheduled. If you can give me just a few minutes of your time (UNINTELLIGIBLE) we can get through that. That would be wonderful. What I'm going to do is I'm going to close this meeting, and I believe I -- we don't have to stop the broadcasting, but we're going to close this meeting and then transition and open City of Miami Page 89 Printed on 910212021 City Commission Meeting Minutes May 28, 2020 the Southeast Overtown/Park West CRA meeting. So at this moment, I'll close the May 28, 2020 virtual City Commission meeting. ADJOURNMENT The meeting adjourned at 1: 06 p. m. City of Miami Page 90 Printed on 910212021